TOWN OF RUTLAND

SELECT BOARD

MINUTES: May 5, 2014

Board members present: Steve Hawley, Joe Dicton, Don Chioffi, John Paul Faignant and Mary Ashcroft

The Meeting opened at 6:45 P.M. with the pledge of allegiance.

The Board reviewed the April 22, 2014 minutes. Mr. Chioffi cited several corrections. Mr. Faignant moved to approve the April 22, 2014 minutes. Ms. Ashcroft made a second to the motion. The motion passed unanimously.

The Board presented Mr. Richard Lloyd with a plaque of appreciation for his 46 years in Town Service as Delinquent Tax Collector, Volunteer fire fighter, Justice of the Peace and member of the Town Planning Commission. Mr. Chioffi read the inscription. Those in attendance applauded.

Mr. Lloyd thanked his wife, Mary Fran as well as the Select Board, Town Clerk & Treasurer Ms. Marie Hyjek and Town Administrator Mr. Joseph Zingale for their help.

Mr. Jake Helm of Premier Roof Solutions met with the Board regarding replacing the slate roof on the Town municipal Building. Mr. Hawley asked Mr. Helm what he planned to do with the slate he takes off the roof.

Mr. Helm said the slates on the roof are brittle and that he had planned to dispose the slate. He estimated about 20% of the slate on the roof is salvageable. Mr. Dicton asked Mr. Helm if the Town might make any money by reselling the salvaged slates verses the expense to save the slates. Mr. Helm said it would cost more in labor to save the slate.

The Board and Mr. Helm discussed the matter further and agreed that Mr. Helm would save what he can, and will stack the slate for the Town to move. Mr. Hathaway said he could pick up the pallets and move them to where there are to be stored.

Mr. Helm estimated it would cost up to $2,000.00 more to save useable slate when replacing the roof. Mr. Helm said he would save what he could at no charge since it would save him on disposal charges.

Mr. Chioffi questioned Mr. Helm regarding the installation of snow guards when he replaces the roof. Mr. Helm will give the Board an estimate regarding the installation of snow guards.

Board members encouraged Mr. Helm to begin work to replace the Town Municipal Building's slate roof. Mr. Hawley said the contract price is $81,390.00. Mr. Faignant move to have Mr. Hawley sign the contract. Mr. Chioffi made a second to the motion. The motion passed unanimously. Mr. Helm said it should take about four weeks to complete the work.

Clerk & Treasurer: Ms. Marie Hyjek :

1. Reported the VLCT Payroll audit went very well.

2. Informed the Board that the Town may receive a rebate from VLCT because two of the three claims have been settled.

3. Told the Board that property taxes are going very well and that the Town will receive three free days advertisement in the Rutland Herald, due to the Herald printing the wrong date.

4. Informed the Board that the Holiday inn has a liquor license request. Mr. Hawley said the license would allow sales in and out side the motel. Mr. Dicton made a motion to approve the class A Liquor license for the Holiday Inn. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Ms. Ashcroft asked if a vehicle had been damaged as a result of snow falling off the roof. Ms. Hyjek said VLCT did not pay because they said the Town had properly posting. Ms. Ashcroft said VLCT should be notified when the snow guards are put on the roof.

SWAC Representative: Mr. William Matteson reported

1. No meeting no report.

Planning Commission Chairman: Mr. Andrew McKane reported

1. Mr. Matteson reported the Planning Commission was unable to hold a meeting recently due to a lack of quorum. Mr. Matteson said he would review meeting attendance and get back to the Board with recommendations.
   
   Ms. Ashcroft said the Planning Commission has a lot of work ahead and that there may be people interested in joining the Commission.
   
   Mr. Matteson informed Mr. Hathaway regarding road side dumping near his home.

Regional Planning Commission Mr. Sherman Hunter reported

1. He attended his first RRPC meeting on April 15, 2014 and that the entire meeting was devoted to reviewing the Regional Plan. He said larger buildings in Rutland City and a Solar facility were also discussed and both were approved with some stipulations. Mr. Nicholson said there will be a Public Hearing on May 20, 2014 and that the Plan should be adopted in late June.

Town Road Commissioner: Mr. Byron Hathaway reported

1. The Road crew pick up a lot of stuff collected on Green Up day, including someone's furniture which was dumped on Simons Avenue.

2. Told the Board that the Highway department has completed work on the Northwood Park softball field. He said hopefully the changes will help alleviate some issues regarding softball players at the Park. Mr. Hathaway cited the fact the softball field is located on land owned by the School Board.

3. Informed the Board that Wilk paving may begin paving the following week. He said the highway department would do some ditching work ahead of the paving work. He told the Board that Bendig paving would be sweeping the streets prior to paving.

4. Mr. Hathaway told the Board that someone has installed on new fence on Karen Drive within the Town road R-O-W. He said the fence is about three feet off the edge of the pavement Mr. Hathaway told the Board that the homeowner should be notified that the Town will not be responsible for winter plowing damage to the fence. Mr. Hawley said the homeowner needs to be notified. He said Mr. Zingale should write a letter to the homeowner and that Mr. Hathaway should be involved.
   
   Mr. Chioffi said the fence has to be removed since the Town does not allow construction within the road R-O-W. he said the Town would be liable if someone were to be hurt as a result of the fence.

5. Mr. Hathaway informed the Board that the charges for the Highway Department's porta-pottie would increase due to a change to a 28 day billing cycle. He said there is a non-town business that has a municipal rate that is insignificantly cheaper than that being charged by a local business.
   
   He said he would save over $500.00 a year by switching companies. He cited the fact the Board has always favored using local contractors. Board members discussed the matter and were in agreement he should get the best price. Mr. Hathaway said he planned to call the company he is using now and make them aware of the offer he has received.

   Ms. Ashcroft said there should be something on the Town's web site informing individuals as to what they can not do in the Road R-O-W. Mr. Hathaway said he would get something in the next Circle.

Mr. Dicton questioned when Mr. Hathaway plans on replacing the Town truck. Mr. Hathaway said he planned to replace the truck next year. Mr. Dicton said the box on the truck is rusting. Mr. Dicton suggested the box be sandblasted and painted.

Mr. Hathaway said he does not recommend sandblasting the box. He told the Board that the Town of Mendon spent a ton of money sandblasting their truck. Mr. Hathaway said he does not have the budget to do so. Mr. Hathaway said he could wire brush and paint the box.

6. Mr. Hathaway briefed the Board regarding the latest Post Road Sidewalk meeting. Mr. Hathaway said Mr. Richard Goodrich expressed a concern that there would be increased traffic on Chasanna Drive if the walkway connects to Sanborn place or through the Vaughn property. He said Mr. Goodrich felt individuals would drop their children off on the walk path rather than drive to the school. Mr. Hathaway said the next meeting is on May 12, 2014 and the final report should be presented to the Board in June.

Fire Chief: Mr. Francis Cioffi reported

1. Told the Board he had met with the VLCT Insurance adjustor and that the individual was very favorable to the Town's proposal as to what needs done at the station. Mr. Cioffi said the adjustor planned to talk to the contractor regarding the scope of work. Mr. Chioffi cited the fact there is a discrepancy between the estimated costs of the repairs and the proposal submitted to the Board. Chief Cioffi said the adjustor would also be discussing the discrepancy with VMS.
   
   Board members discussed the need to thoroughly investigate possible water damage. Board members also discussed a concern regarding possible mold in the Fire Station and the fact fire fighters are exposed to the possible mold when they are in the building.
   
   Mr. Dicton said the department should begin to vacate the building now and not wait several more weeks. He said it is an injustice to the firefighters to be in a building with substandard lighting and a ceiling that is in jeopardy of falling down.
   
   Ms. Hyjek questioned if should pay the bills which are being submitted in relation to the damage at the station or whether she should send the bills to the Town's insurance company. Mr. Faignant said to send the bills to the insurance company.

   Mr. Hawley told Chief Cioffi to begin the process of moving into the temporary location. He said the department should be ready to move as soon as the insurance company say they will pay for the rental.

   Mr. Marty Wasserman, who is a member of the Fire Department, told the Board that the rental building is damp, damp, damp. Mr. Wasserman said water seeps through the floor when it rains. Mr. Wasserman said he feels better in the new station than he did in the rental building. Mr. Wasserman also cited a concern with moving the radio equipment. Chief Cioffi said the radio equipment would not be moved.

Police Chief: Mr. Ed Dumas reported

These are the stats of the Rutland Town Police Department within the past two week period.

-Calls for service within the two week period: 36

- Total calls year to date in 2014: 280

- Total calls year to date in 2013: 102

-Types of calls assigned
Agency Assist, Directed Patrol, Citizen Assist, 911 Hang Up, Residential / Burglary alarm, Medical, Motor Vehicle crash, Motor Vehicle complaint, Service of Abuse Prevention Order, Safety Hazard, VIN Inspection, Theft, Suspicious person / circumstances,

Closed Cases: 35

• Number of Arrests: 2

• What Types of Arrest: Retail Theft (x2)

• Motor Vehicle Stops: 17

• Vermont Civil Violation Complaints (Tickets) Issued: 8

• Total Fine Amount : $1,290.00 dollars

• Total Fine Year to Date $10,788.00 dollars

• Total number of Patrol Hours: 143.0

1. Chief Dumas: 34

2. Captain Washburn: 65

3. Officer Gamble: 44

Total number of Admin hours: 25

1. Chief Dumas: 18

2. Captain Washburn: 7

3. Officer Gamble: 0

Special announcements:

Mr. Dicton informed Chief Dumas that the panhandler is back. Mr. Dumas said he has spoken with the individual three or four times. Mr. Dumas said the panhandler just doesn't get it.

Mr. Dumas said under the Town's ordinance he can issue a ticket to the individual. He said he would do so the next time the individual is panhandling. Mr. Dumas said if the ticket is not paid the individual would lose their driver's license. Mr. Dumas said the individual is already under suspension. Mr. Dumas said is not aware of what the Town can do after suspension.

Mr. Dumas explained that a ticket issued under the panhandler ordinance is a civil matter and that if the individual does not pay the ticket it would go against the individual's driving record.

Mr. Zingale cited the fact that the individual is panhandling from Town property and is on the Plaza's property. Mr. Zingale questioned if the Town could issue a trespass order for panhandling on Town property. Mr. Dumas said the individual would have a right to be on Town property if he is going to the plaza to shop. Mr. Dumas said the individual leaves when requested. However, he said the individual returns the next day.

Mr. Hawley instructed Mr. Zingale to contact the Town attorney for guidance in the matter.

Recreation Director: Mr. Mike Rowe reported

1. Thanked everyone for their support while he was recovering from a back operation.

2. Mr. Rowe told the Board he is really big into working with Town departments. He cited a recent project at Northwood Park, which involved the School and the Highway Department. Mr. Rowe said when he learned last fall that the school had a problem he got Mr. Hathaway involved. Mr. Rowe said Mr. Hathaway prepared a report and that he and Mr. Hathaway met with School officials.

   He said the project went great. Mr. Rowe said they adjusted the softball field which is to the right of the Transfer Station, he said the land is owned by the School.

   Mr. Rowe said he did the project to save money for everyone involved. He said it would have been an exorbitant of money to do the work to solve the problem they were having. Mr. Rowe said the problem has been fixed.

   He said the School will be billed for half of the expenses and that the Recreation Department would pay the other half of the bill. Mr. Rowe said the project was a great community effort.

3. Informed the Board that 40 to 50 Comcast Volunteers built new dugouts at the Little League field at Northwood Park. He said they also put up the baseball field fences and clean up the Park. Mr. Hawley instructed Mr. Zingale to write a thank you letter to Comcast. Mr. Rowe cited the other local business that contributed to the project.

4. Told the Board that baseball is up and running.

5. Informed the Board that he plans to take the pool cover off in a couple of weeks. He said he plans to be open for the first weekend in June. He said the pool would open on June 18^th. He said the new diving board platform would be installed before Memorial Day.

6. Told the Board he will interview lifeguards and will submit a list for Board approval at the next meeting. He said he plans to hire four or five lifeguards.

7. Cited the draft five year capital recreation plan he submitted to the Board.
   
   Mr. Dicton said that since Mr. Rowe has been Recreation Director the Board does not receive any phone calls. Mr. Dicton said things are running really smooth.

8. Mr. Rowe told the Board that with the assistance of the Road Commission he fertilized both Northwood Park and Dewey Field. Mr. Rowe told the Board that the fence at Northwood Park has been repaired.

Transportation Council Representative Mr. Martin Wasserman reported

1. Told the Board that at the last TAC meeting Middlebury College Environmental Studies students made a presentation regarding the things they are doing.

2. He informed the Board that he would be meeting the Ms. Susan Schreibman, Assistant Director of the RRPC. He said Ms. Schreibman wants to go over some things with him.

Regional Planning Commission Mr. Sherman Hunter reported

Not present.

Town Administrator: Mr. Joseph Zingale reported

1. He cited the Health Order he prepared regarding the conditions at 480 Hitzel Terrace. Mr. Zingale said the Board may want to add some language to what he prepared. He told the Board that both he and Town health Officer Mr. Stanley F Rhodes III, have been unable to communicate with anyone responsible for securing the property.
   
   Mr. Zingale said he contacted an e-mail, fax number and a phone number associated the residence and received no action. Mr. Zingale said he had been assured by someone at the phone number that he would be contacted regarding the Town's action. Mr. Zingale said he has not received a phone call.
   
   He told the Board that the person at the phone number refused to give Mr. Zingale someone whom he could contact. Mr. Zingale said the windows are still punched in and the house is full of garbage.

   Mr. Hawley read the notice prepared by Mr. Zingale. Mr. Faignant said the Board should give a compliance date, after which if it is not in compliance then the Town will do it and lien the property. Mr. Faignant said the notice should also go the foreclosure lawyers and to Wells Fargo, who is the mortgage holder of record.

   Mr. Hawley asked Mr. Zingale to revise the order. Mr. Faignant said the order should be sent out when ready and not wait two weeks for the next Board meeting.
   
   Mr. Dicton inquired as to who would do the clean up. Mr. Faignant said he expects the Town would hire someone to do the home cleaned up. Mr. Faignant said the Health Officer has the authority to issue the order. He said Mr. Rhodes wanted to notify the Board and to get Board authorization as well.

   Mr. Chioffi moved for Mr. Zingale to revise the Health order for 480 Hitzel Terrace and to send out the notice as soon as it is ready. Ms. Ashcroft made a second to the motion. The motion passed unanimously.

2. Inquired as when he should start the Post Road electrical panel relocation project. Mr. Hawley said Mr. Zingale should begin as soon as possible.

3. Informed the Board that a representative from The New England Clean Power Link would like to meet with the Board at their May 20, 2014 meeting. Mr. Zingale said the proposed project involves bringing two 500 Mega Watt powers lines through Rutland Town. Mr. Hawley said to schedule the individual for 7:00 PM.

4. Reported that the toilet at the Transfer Station is a composting toilet and not an incineration toilet as previously reported. Mr. Zingale said it appeared that the toilet had never been used. He said Mr. Peter Andrews inspected the toilet and said it should operate properly.
   
   He said Mr. Andrews explained how the toilet is to be maintained. Mr. Zingale said Mr. Tony Flory needs to plug the small electric heater in to see if it is still working. Mr. Zingale said peat-moss needs to be added to the toilet.

5. Mr. Zingale told the Board that he had spoken with someone in connection with the Army Reserves / Guard facility sign and that there will be no change to the name of the facility. Mr. Chioffi to send the Army Reserves / Guard a letter stating that in view of their decision to take a regional View for the naming of the facility they should be asking Rutland City to host their family picnic and not Rutland Town. Mr. Chioffi made additional comments regarding the matter.
   
   Mr. Faignant said he did not like Mr. Chioffi's motion because it punishes the boots on the ground because of some airhead commander's decision. Mr. Dicton made a second to the motion.
   
   Board members discussed the motion and other issues further. Mr. Dicton said I think we are going about this the wrong way, with the motion. Mr. Zingale explained how he contacted the person who gave him the answer. Mr. Dicton suggested contacting Senator Leahy for assistance in the matter. Mr. Chioffi said the decision is asinine and the logic used to take a regional view, is also asinine.

   The vote failed by a vote of 1 to 4.

6. Reported that the Hampton Inn has committed to contributing $1,195.08 and The Green Mountain Plaza has committed to contribute $5,975.40 toward the proposed slip-lane traffic study. Mr. Zingale said an individual with Farrell Distributing indicated they would be contributing but have not done so to date.
   
   Mr. Chioffi told the Board that he will let the region know how they (The Army Guard / Reserves) feel about the Town of Rutland. Mr. Chioffi said he would also contact the Senatorial Office to file a complaint regarding the matter.

Board members reviewed packet correspondence.

Mr. Faignant moved to accept the attorney's recommendation regarding the Ruth Avenue tax sale. Ms. Ashcroft made a second to the motion.

Board members discussed the notification requirements. Mr. Hawley said the Town needs to reimburse Mr. jack McCamley and re advertise the sale in the newspaper. The motion passed unanimously.

Mr. Zingale informed the Board that Town Lister Mr. Howard Burgess would like to meet with the Board in executive session to discuss the Holiday Inn Tax appeal.

Mr. Hawley cited the fact that the Green Mountain Power Corporation facilities in Rutland Town will be connecting to Rutland City water.

The Board discussed correspondence regarding FEMA flood resiliency requirements. Mr. Nicholson said the requirements amount to a compilation of existing responsibilities and duties for emergency planning.

Mr. Chioffi asked Mr. Nicholson if the sidewalk work on North and South Main Street is part of the 4 & 7 plan. Mr. Nicholson said it is all part of the paving project. Mr. Hawley said the State is doing the work because the roads are State roads. Mr. Chioffi cited the fact that Routes 4 & 7 in the City are City roads. Mr. Chioffi said the money is coming from the Routes 4 & 7 Committee.

Mr. Chioffi said the Routes 4 & 7 Committee were set up to mitigate traffic issues and that the Town gas gotten literally squat from the process. He said thousands and thousands of dollars are going into City repairs. Mr. Hawley said it might be worth it to set up a meeting and have a talk with city officials.

Mr. Chioffi said Ms. Schreibman plans on setting up a meeting of the Routes 4 & 7 Committee in the future when she has more time.

The Board discussed a request to use Town public meeting space. Mr. Faignant said individuals need to be told that they would have to vacate the Fire Station immediately if a fire call is received. Mr. Faignant said the space would not be available until after the Board develops a policy.

Mr. Chioffi cited the fact the group wants to use a public facility yet does not want to tell the Board who they are. Mr. Chioffi cited the fact that the group had requested privacy for their meetings. He said he does not think it is appropriate for the Town of Rutland to get involved with the request.

Mr. Dicton said the Board should have the right to reject any and all requests if it so chose.

The Board reviewed the Fire Station AIA document. Mr. Faignant moved to approve the AIA document. Mr. Chioffi made a second to the motion. Mr. Dicton had a question regarding the overhead door rewiring.

Mr. Chioffi said the switch was moved to the Chief's office. The motion passed unanimously.

Mr. Hawley cited correspondence from the Town attorney regarding City sewer billing. Mr. Zingale said according to the Town attorney the billing is proper because the City bills the same charges to City sewer customers.

Ms. Ashcroft said the Board Committee should meet with the Town attorney regarding negotiating a new sewer contract with the City of Rutland.

Mr. Nicholson requested to keep his appointments as the Town's voting delegate and to be on the VLCT Transportation Committee. Mr. Zingale will send in the paperwork. Mr. Faignant moved to have Mr. Nicholson be the Town's voting delegate and a member of the VLCT Transportation Committee. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Hawley said he would also like to discuss a possible personnel policy change in executive session. Mr. Dicton moved at 8:45 P.M. to go into executive session to meet with Mr. Burgess regarding the Holiday Inn tax appeal and to review the personnel policy. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Hawley declared the executive session closed at 8:58 P.M. Mr. Hawley said he would talk to Mr. Zingale and schedule the personnel policy discussion for the next meeting.

Mr. Faignant moved to adjourn the meeting at 8:59 P.M. Mr. Chioffi made a second to the motion. The motion passed unanimously.