TOWN OF BENNINGTON

BOARD OF SELECTMEN

Minutes of the Meeting – April 27, 2004

Selectmen Joseph Cuddemi, Terry Schnare and Bruce Edes were present as well as Administrator Denise French. The meeting was called to order at 5:05 p.m.

The Road Agent was in. The Selectmen discussed with him a request from John Cronin, III to reimburse a cost he incurred when he hired a private contractor to repair his driveway on Mountain Road. The damage occurred when high water washed out the end of Mr. Cronin’s driveway. The Road Agent informed the Board that while he was in the process of hauling a subsequent load of gravel to Mountain Road Mr. Cronin’s contractor arrived with his equipment to begin repairing Cronin’s driveway. The Road Agent reported he had to wait for the contractor’s equipment to be unloaded before he could continue up the road to dump his load of gravel.

Motion was made, seconded and unanimously voted to deny reimbursement to John Cronin, III based on the fact that the Town was aggressively in the process of making the necessary repairs to Mountain Road; there was no delayed response on the part of the Town that would necessitate hiring a private contractor.

The Road Agent and the Selectmen discussed the status of road repairs, which are in process as a result of damage from the April 6^th flooding. North Bennington Road, near the Deering town-line, is still in need of repair. The Road Agent asked that a Thank You letter be sent to Ryan Kulbacki acknowledging his assistance in clearing culverts and spreading gravel on Mountain Road.

The Administrator spoke with the Road Agent about an inquiry from Jason Michaels. Mr. Michaels claims that when Mountain Road was built up last year it created a significant dip where his driveway abuts the road. Selectman Cuddemi agreed to look at the Michaels’ property; he also agreed to investigate a possible construction encroachment issue in North Bennington.

The Road Agent will speak to his assistant about his availability to attend the Debris Management Seminar in Lancaster May 11-13. The Administrator is unavailable to represent the Town at this Seminar.

Minutes of the April 20, 2004 Selectmen’s meeting were reviewed and accepted as presented. A courtesy copy of the April 12, 2004 Planning Board Minutes was reviewed.

At the Administrator’s request, the Town of Lyndeborough has provided documentation that they gave a trailer to Theresa Allen (June 2003) for the cost of its removal. The letter stated that at the time of conveyance the Town of Lyndeborough considered the trailer to have no value. April 30^th is the deadline the Court has ordered Theresa Allen to remove the trailer that she moved onto her property last June. The Administrator reported on her visit with a potential contractor to be hired by the Town to remove two trailers from Ms. Allen’s property. The Board of Selectmen voted to wait an additional thirty days before the Town undertakes their removal.

The Administrator reviewed with the Selectmen verbal complaints she has received about unkempt yards. Some of the complaints are related to the number of unregistered automobiles; others relate to an abundance of discarded items. French advised the Board that the Town of Antrim has incorporated a section addressing these conditions into their Zoning Ordinance. The Selectmen instructed the Administrator to speak with Town Counsel about the possibility of adding a similar section to the Bennington Zoning Ordinance; also would a revision to the Ordinance apply to all properties or would existing situations be exempt.

The Selectmen will continue their ongoing pursuit of encouraging property owners to remove used cars and/or other items of an eye-sore nature.

The Administrator reported on a septic system violation complaint she received. Assistant Building Inspector Jeff Parsons will investigate the complaint.

The Selectmen instructed the Administrator to write a follow-up letter to a property owner whose tenant has constructed a faulty deck; the owner will have sixty days to correct the violations. Another follow-up letter is to be sent to an owner who has a hazardous structure on their property; the owner will have sixty days to remove the dilapidated building.

Selectman Cuddemi informed the Administrator that, at last week’s meeting, the Board of Selectmen voted to take $400 from the Fire Department budget to pay for the fish that the Fire Department usually buys from their fundraising account. Traditionally the Fire Department has provided the fish for the annual youth fishing derby; this year they did not have adequate funds available.

Selectman Cuddemi reported that Kris Stewart has donated beach sand for Whittemore Lake. Even though the Town has sufficiently advertised for a lifeguard there has been no response. The Administrator was asked to advertise the position again next week.

The Administrator reviewed with the Selectmen 5 Inventory of Taxable Property reports whose census and dog data is illegible. The Selectmen instructed French to communicate with the property owner and request that the information be refiled; the reports are unacceptable as submitted.

Police Chief Steve Campbell met with the Board. Chairman Cuddemi presented the Steve with a letter of appreciation for his excellent production of the Town’s Emergency Management Plan.

The Chief and the Board discussed speed zones. The Selectmen voted to post Acre Street at 25 MPH, Bible Hill Road at 30 MPH, North Bennington Road at 35 MPH and Paradise Drive at 25 MPH.

At the Selectmen’s invitation, Mark Chase and Michael Althouse were present to receive public recognition for their heroic efforts in saving a capsized canoeist from Powder Mill Pond on April 10^th. Because of their selfless efforts a life was saved. Chase and Althouse were each presented with a Letter of Appreciation.

In Chief Chase’s absence, Deputy Fire Chief Joseph O’Brien met with the Selectmen. He informed the Board that the Fire Department was eligible for a $6,238 State Grant. The Chiefs will finalize the application and submit it well before the June 1^st submission deadline.

Deputy Chief O’Brien provided the Selectmen with updated information on the radio communications tower situation. Keene Fire Mutual Aid Dispatch System is looking into erecting an approximate 150-foot tower. Selectman Schnare stated that he/Crotched Mountain Properties, LLC had been previously approached by two cell phone companies about erecting a tower on Crotched Mountain. He will explore their interest and perhaps the Town could secure their radio communication equipment on the cell phone tower.

Deputy Chief O’Brien reported that the Fire Department Association paperwork has been submitted to the Attorney General’s Office. He also reported that the Taxpayer Identification Number for the Fire Department’s personal checking account had been corrected.

Signed were a Thank You letter to Dennis McKenney for his pro bono work surveying and mapping the Bennington/Deering town line and a Highway Safety Project Application.

The meeting was adjourned at 6:52 p.m.

Respectfully submitted by Denise French, Administrator.