BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, NOVEMBER 9, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice-Chair; John Zink; Jason Morrissey; Chris Oldham and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Director of Economic and Community Development; Dan Monks-Planning Director; John Shanahan-Better Bennington Corporation; Jim Carroll; Gordon Whitman; Mike Devens; Mike Lochner; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - OCTOBER 26, 2009 Sharyn Brush moved and Chris Oldham seconded to approve the Minutes of October 26, 2009 as presented. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the question on Airgas East. 3. CITIZENS Mr. Whitman felt that his neighbor, even though he was within the parameters of the burning permit that he had been issued, had set his fire to deliberately irritate Mr. Whitman. Mr. Hurd stated that the fire warden had visited the site three times over the weekend and that the neighbor's fire - although inconsiderate of the Whitman's clothes hanging on the line - was within the law as dictated by the State. Also, Mr. Whitman had noted the rudeness of the dispatcher over the phone, and the Police Chief will check out the tape of the conversation. 4. VENDOR'S ORDINANCE - (FINAL) Mr. Maroney asked about the six-month license period, and Mr. Hurd noted that this comes from the Vermont Department of Health Regulations. It is enforced by the local restaurant inspector and his interpretation of the law. Therefore, it appears in our local ordinance with the word "may" instead of "shall". Sharyn Brush moved and Chris Oldham seconded to accept the Vendor's Ordinance as presented. The motion carried unanimously. Mr. Carroll thanked the Board for the ordinance revision but felt that it was predicated by an anonymous complaint that caused innocent people to suffer due to the public's misconceptions caused by the anonymity. Ms. Colvin clarified that the Board realized the shortcomings of the existing ordinance and amended it to reflect more of what was taking place today, especially with the creativity of the stand that Mr. Carroll has established in Town. 5. SIGN ORDINANCE DISCUSSION Mr. Monks shared a power point presentation of the Sign Ordinance, as recommended by the Planning Commission, with the Board. The following are highlights from the presentation: * The Town has been divided into three separate areas - Rural/Residential, Downtown and Commercial/Industrial and Mixed Use District. * The Rural/Residential area has two sets of guidelines - those for the State highways and those for the Town highways. * Square footage only applies to the sign, itself, and not the structure around it. * There are two types of signs - free standing signs (16 square feet, 8 feet high) and service mounted signs on buildings (16 square feet). State highway freestanding signs can be 32 square feet, 8 feet high because traffic is traveling faster. * There is a five-year grandfather clause for any existing sign that is out of compliance due to any changes in the ordinance. Variances are possible but extremely rare. * Downtown guidelines are either one freestanding sign per premises (9 square feet, 6 feet high) or one projecting sign per premises (9 square feet) plus a surface mounted sign of 1 square foot per linear foot of frontage not to exceed 60 square feet. If there is also a freestanding or projected sign, the limit is lowered to 36 square feet. Downtown signs are regulated by the Historic Preservation Commission and Design Review. * Commercial/Industrial and Mixed Use District guidelines are surface mounted signs of 1 square foot per linear foot of frontage not to exceed 32 square feet per tenant. Guidelines for freestanding signs for single tenant = 24 square feet, 6 feet high, two tenants = 32 square feet, 6 feet high, and three or more tenants = 48 square feet, 8 feet high. * An additional 32 square feet of window signs will be allowed as long as no more than 25% of the window is covered with signage of any kind. * Three 6-foot temporary signs for a special event or sale are allowed during the day and are to be taken in at night. * Construction workers can put up signs a month before the job and for a week after the job has been completed. * Non-profits are allowed to post signs off premise seven days before an event is to take place. * The large inflatable balloons used by car dealers and cell phone companies are actually not in compliance, however, they usually go up and come down quickly. * There has never been a serious problem with non-compliance of the sign ordinance. The Board will review the Sign Ordinance as presented and it will be on the agenda in two weeks. 6. 2010 LIQUOR/TOBACCO LICENSE APPLICATIONS & RENEWALS APPROVAL PROCESS Mr. Hurd explained that the Vermont Department of Liquor Control is now allowing select boards to approve a list of renewal liquor licenses instead of signing each one in two places. The Town Clerk would then sign on behalf of the Board. Any new license applications will be signed by the Select Board as they are now. Jason Morrissey moved and Sharyn Brush seconded to send the letter to the Vermont Department of Liquor Control signed by the Chair as presented. The motion carried unanimously. 7. MANAGER'S REPORT Mr. Hurd circulated the Fairpoint pole permit to replace and maintain associated wires and cables for a pole located on Main Street adjacent to Inkspot Press for signatures. 8. OTHER BUSINESS Mr. Maroney stated that it has come to the attention of the Board that the Town will not be receiving the $5,000 PILOT payments from the State as had been expected for the aircraft hangar building donation because transportation buildings are not eligible for these payments. There are many people and businesses that are having trouble paying their taxes plus Mr. Corey said that, whether or not the Board supports removing the building valued at $1,101,400 from the Grand List, Business Air would continue to be in business. Mr. Maroney would like to revisit the Board's decision concerning the Business Air donation. Mr. Lochner added that he has had to borrow money to pay his taxes and it isn't fair to the residents of Bennington to place this additional $25,000 burden of lost revenue on them. "Where does it end?" Also, the whole deal "just doesn't feel right". Mr. Lochner suggested bringing the decision back to the table and allow a couple of months to see what other business possibilities could be established with the hangar. He also noted that if the runway extension had been allowed several years ago, the airport would have been available to many other different kinds of aircraft. Ms. Colvin stated that part of that decision not to lengthen the runway was made because planes were being made lighter. However, Mr. Lochner pointed out that the existing planes need to be accommodated. Mr. Hurd noted that, even though the letter of support has already gone out, the State has given the Board the opportunity to reconsider their decision because the decision was made with the understanding that the Town would be receiving the $5,000 PILOT payment when, in fact, it will not. Mr. Zink added that Mr. Corey can give the building to the State without the Select Board's support. Mr. Morrissey concurred with Mr. Maroney and stated that Mr. Corey has a business decision to make and the Town should not be in the middle of it. The Board can't stop the transaction but it doesn't have to endorse it, either. Ms. Colvin felt that it is to the Town's benefit to be involved because of the timed tax reduction possibility. Mr. Oldham asked if tax stabilization had been considered, and Mr. Hurd responded that it was Mr. Corey's decision not to apply for it. Chris Oldham moved and Matt Maroney seconded to have the Board reconsider it's original decision on the Business Air donation of the airport hangar building to the State of Vermont. The motion carried unanimously. Mr. Morrissey noticed additional work was being done on the police steps and asked if the project was still under budget. Mr. Hurd answered yes, all of the work being done was part of the original bid. Mr. Zink reminded everyone to recognize our veterans on November 11, 2009, Veteran's Day. Ms. Brush asked if the light pole on the police station would be returned, and Mr. Hurd answered yes. Ms. Colvin reminded everyone that taxes are due November 10, 2009, and, even though bills are sent annually, you can pay your taxes monthly throughout the year. Penalties are only on the amount that has not been paid by the end of the day on November 10th so it is beneficial to pay as much as possible. 9. EXECUTIVE SESSION A. REAL ESTATE At 8:43 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Real Estate. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary