TOWN OF RUTLAND

SELECT BOARD

MINUTES: October 23, 2012



Board members present: Steve Hawley, Jim Hall, Joe Dicton and John Paul Faignant

The Meeting opened at 6:33 P.M.

All rose for the Pledge of Allegiance to the United States Flag.

The Board reviewed the minutes of October 9, 2012. Mr. Hall moved to accept the minutes as printed. Mr. Faignant made a second to the motion. The motion passed unanimously.

Town Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. October 31 is the last day for voter registration

  2. Many individuals are early voting

  3. Final instructions for the poll workers has been mailed

  4. Paper ballots will be counted in the Select Board room

  5. The Highway crew will set up the Select Board room on election day

  6. Meeting at the Town School on November 1st at 7:00 PM regarding the Center Rutland Fire Station and ballot items.

  7. The Flory Plaza meeting will be on November 5th at 7:00 PM.

  8. The deadline for Town Report bids is December 4, 2012.

  9. Copy date for the Town report will be January 31, 2012 and a delivery date of February 8, 2013

  10. The Pre-Town meeting will be January 21, 2013.The Select Board will go first before the School Board.

  11. Questioned if she should pay a delinquent Ad Valor em charge to the City of Rutland or whether she should attempt to collect the money and then pay the City of Rutland. The Board discussed the matter. Town Administrator, Joseph Zingale Jr., said in the past the Board was advised to pay the City the money due and then attempt to collect from the the Town business.


Transportation Council & SWAC: Charles Shields reported:


  1. There will be a Transportation Council meeting on Thursday October 25th

  2. Informed the Board that 22 Town residents participated in the Household Hazardous Waste collection event.
    Mr. Shields and Board members discussed possible reasons why the level of participation has dropped off in recent years.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Informed the Board that the Regional Commission is down to considering three individuals for the Executive Director position. Mr. Nicholson said two candidates are native Vermonters and the third is from Pennsylvania

  2. Informed the Board that he had attended the VLCT Annual Business Meeting and that the document produced was so watered down it is worthless. Mr. Nicholson said language that would have required Wind farms to comply with local zoning regulations and to give more authority to Town Plans to regulate wind farms was defeated. Mr. Nicholson said the Public Service Board makes decisions based on the whole state and not the locals, referring to compliance with local zoning regulations. Mr. Faignant said the State is doing to us what the Federal Government is doing to Vermont over Vermont Yankee.

    Mr. Nicholson said the discussion regarding corrections was quite contentious. He told the Board that the proposed (defeated) language was not against second chances but against third, forth, fifth and sixth chances.


Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Told the Board he would fill the salt shed with salt on Thursday.

  2. Mr. Hathaway told the Board it would cost about $325.00 plus or minus a few dollars and the cost for steel to fix the compactor and that it would cost $500.00 to rent a welder for four days. Mr. Hawley cited an unsolicited bid of $1,486.0 the Board had received regarding repairing the compactor. Mr. Hawley asked Mr. Hathaway if he has the time to do the repair work.

    Mr. Hathaway said he presently has the time to make the repairs. He said circumstances could change depending on the weather. Mr. Hall moved to have Mr. Hathaway repair the compactor box. Mr. Dicton made a second to the motion.

    Mr. Faignant asked what would happen if Mr. Hathaway does not have time to repair the box. The matter was discussed further. The motion passed by a vote of 3 to 1. Mr. Faignant voted in the negative.

  3. Informed the Board that the sidewalk (School to Northwood Park) feasibility grant was denied.

  4. Reminded the Board that he had submitted an operation agreement with the Town of West Rutland to the Board for consideration. Mr. Hathaway told the Board that he had met with the West Rutland Select Board and explained the details.

    Mr. Hathaway said he made it clear that he was there to present information and was not representing the Select Board. He said the West Rutland Board asked a lot of good questions regarding the making and use of salt brine.

    Mr. Hathaway said the West Rutland Board voted to endorse the agreement in principal but did not vote to sign. Mr. Hawley said an Inter municipal meeting with West Rutland would be scheduled to discuss the matter. Mr. Hathaway told the Board that he had rewritten item # 6 in the agreement to state the agreement would stay in place until April 15, 2013. Mr. Faignant said he is on the Inter municipal committee and that he can make the next West Rutland meeting on November 13    th. He said he would check with Mr. Rhodes to see if he can make the meeting.

    Mr. Hathaway said at the very worst the Town would break even for the cost of brine. He said potentially the Town could save     $3,000.00 to
    $4,000.00 . He said the Town would probably break even the first year.

    Mr. Faignant asked how Mr. Hathaway would monitor cost. Mr. Hathaway said he would collect data through out the winter. He said the data would include, number of gallons used and tons of salt used.

Mr. Hall questioned Mr. Hathaway regarding the status of the proposed Highway Mutual Aid Agreement. Mr. Hathaway said most Towns have had the agreement since mid summer and that he has not heard of anybody saying they are in disagreement with the proposal.

Mr. Hall said the Board has not voted to adopt the agreement. Mr. Hathaway recommended that the Board adopt the agreement. He said without the agreement the Town would not be reimbursed by FEMA in the event Rutland Town assisted another town.

Mr. Faignant said he read the agreement and that he is ready to sign the document. Mr. Faignant said it is nothing more than boiler plate language. Mr. Zingale will send the proposed agreement to attorney Kevin Brown for review.

The Board and Mr. Hathaway & Mr. Rowe discussed the locking of the Northwood Park gate at 3:00 P.M. The Highway crew will lock the gate when they leave the park at 3:00 PM, Mr. Hathaway told the Board.

Mr. Hawley said the second Fire Department public hearing is set for November 1, 2012 at 7:00 P.M. at the Town School.





Recreation Director: Mike Rowe reported:


  1. The last soccer game of the season will be the following day. Mr. Rowe thanked all of the coaches for their time and assistance.

  2. Told the Board that basketball registration forms are available online and with the Town Clerk.

  3. Informed the Board that the annual Halloween party will be on October 30th from 6:00 P.M. to 8:00 P.M. in the school gym.

  4. Told the Board that softball at Dewey Field should end by the end of the following week.


Mr. Dicton questioned Mr. Rowe regarding the security project. Mr. Rowe said the equipment has been installed and is up and running and is being fine tuned. Ms. Hyjek requested Mr. Rowe inventory all recreation equipment. Mr. Rowe said the tennis and soccer nets will be taken down and the pool will be winterized by a plumber.


Town Administrator: Mr. Joseph Zingale reported:


  1. Requested the Board vote to post Northwood Park for No Hunting, No Shooting and No Trapping. Mr. Hall moved to post Northwood Park for No Hunting, No Shooting and No Trapping. Mr. Faignant made a second to the motion. The motion passed unanimously.

  2. Informed the Board that town landowner, Mr. Peter Baker, would consider an offer from the Town of Rutland for the purchase of his land, which is adjacent to the south side of Del Bianco Park at Dewey Field. Mr. Zingale told the Board that he had met with realtor Mr. Tony Pagano, who is representing Mr. Baker. The Board discussed the matter.

    Mr. Faignant said the Board could give Mr. Baker a tax write-off if he were to donate the property to the Town. Mr. Faignant and Mr. Zingale will speak with Mr. Pagano.

  3. Cited the fact that the Resource Systems Group quoted the Town a price of $6,500.00 to review the so-called Farrell Slip lane under the Town's new Master Access Highway Plan. Mr. Faignant said the amount sounds high. The Board discussed the matter further and instructed Mr. Zingale to have Stantec review the proposed work and to get a price.

  4. Suggested the Board have Mr. Pete Andrews P.E., from Stantec, respond to the Enman letter on behalf of the Ponderosa Restaurant. Mr. Dicton said the owners of the Ponderosa need to propose a solution to the problem and not be quibbling over how the fine is calculated.

    Mr. Dicton said he seem to recall that the owners previously told the Board they would pay for future clean-ups. Mr. Zingale said he did not recall such a statement. Mr. Hawley said he voted to waive the previous clean up charge because he thought the owners would try to fix their problem. Mr. Dicton said we need a solution.


Mr. Faignant said the Board would hold off on discussing marijuana dispensaries until there is a full Board.

Planning Commission: William Matteson:


Not Present


Fire Chief: Joseph Denardo reported:


Not Present

Police Chief: Ed Dumas reported:


Not Present


The Board reviewed packet correspondence.


Mr. Hawley cited correspondence regarding the Act 250 hearing pertaining to Fire District # 10's water bond payment dilemma. Mr. Zingale told the Board what he knows of the problem.


Mr. Hawley cited the fact that the Town's Flood Hazard Zoning Board of Adjustment had recently approved permits for; the City of Rutland, Green Mountain Power Corp. and The State of Vermont. Mr. Zingale told Board members that the Town's Flood Hazard Zoning Board of Adjustment also recently approved an application for the former Clay's Car care location in Center Rutland.


The Board discussed the Helio Sage proposed agreement. Mr. Faignant said he read the contract and would not go any where near it. Mr. Faignant said the agreement calls for the Town to let Helio Sage pledge the Town's property in order to secure their financing


Mr. Nicholson said he would check with the Rutland Regional Planning Commission to see if there is any money to assist the Town in paying for the review of the proposed Farrell slip lane application.


Mr. Hall reminded Board members that the Flory Plaza bond item would be discussed at the November 1st meeting at 7:00 P.M. Mr. Hall told the Board that according to Chief Ed Dumas, Captain Ted Washburn plans to purchase his own police vehicle. Mr. Faignant said he encouraged Mr. Washburn to move forward because it allows the Town to put two vehicles on the road. Mr. Faignant said the Town has all the necessary equipment to install in the vehicle.


The Board will schedule a zoning meeting date at the next meeting.


Mr. Hathaway told the Board he had spoken with Ms. Nancy McGuire, of the Rutland County Conservation Society, and that she has committed to funding the cost of constructing a rain garden at the Town school. Mr. Hathaway said he would tried to do a public/private partnership with businesses on Quality Lane to fund the planned rain garden off Quality Lane. Mr. Hathaway said he would develop costs for the projects.


Mr. Dicton questioned Mr. Nicholson regarding the status of the Killington Ave tree issue. Mr. Nicholson said he thought everything was on hold until after the election. Mr. Dicton & Mr. Faignant told Mr. Nicholson that the Board decided to move forward with the public hearing after it receive a complaint from a school bus driver.


Mr. Nicholson said he and Mr. Hathaway need to do a site visit and map out the situation. Mr. Faignant asked Mr. Nicholson to move the matter forward.

Mr. Dicton moved to adjourn the meeting at 8:15 P.M. Mr. Hall made a second to the motion. The motion passed unanimously.
























7