TOWN OF RUTLAND

SELECT BOARD

MINUTES: November 19, 2013

Board members present: Stanley F. Rhodes III, Don Chioffi and Joe Dicton

The Meeting opened at 6:40 P.M.

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

The Board reviewed the minutes of 11-5-13. Mr. Chioffi cited corrections to the proposed minutes. Mr. Dicton moved to approve the 11-5-13 minutes with corrections. Mr. Chioffi made a second to the motion. The motion passed unanimously .

Mr. Rhodes informed Board members that the Town has received an offer of $15,000.00 from the Town of Pittsfield for old engine # 4. Mr. Dicton made a motion to accept the bid of the Pittsfield Fire Department for the pumper for $15,000.00. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Clerk & Treasurer: Ms. Marie Hyjek reported:

1. Informed the Board that the Town recently received a $316,770.81 local option tax payment from the State of Vermont. Ms. Hyjek said the payment brings the Town up to $590,212.00 for the year. She said the amount is $52,822,67 more than what the Town collected for the same time period last year. Mr. Dicton said Ms. Hyjek is only comparing the second quarter from last year.

2. Told the Board that one tax appeal has been filled with the Superior Court.

3. She said tax appeal credits for this year total $45,976.75. She said the amount is based on tax abatement’s, tax appeals and Listers errors.

4. The Town Report bid will be available for the December 3^rd meeting.

5. The pre-Town meeting will be on January 27^th at 7:00 PM at the Town School.

6. Ms. Hyjek said she would have to receive the Town and School Warnings the day after the meeting in order to meet the required deadline.

7. The Town Christmas tree is ready to be turned on. Ms. Hyjek thanked Vaillancourt and the Highway Crew for their work on the tree. She told the Board the small tree will also be lit.

8. Ms. Hyjek said Mr. Tony Flory is working on what to do (regarding Transfer Station hours) given both Christmas and New Year's Day fall on Wednesday this year. Ms. Hyjek said people are calling and asking when the Transfer Station will be open for Christmas and New Year's day.
   
   Ms. Hyjek said that according to Mr. Flory is would be a burden on the compact if the Transfer Station were only open on Saturday. Mr. Rhodes said the station would have to be open on either Tuesday or Thursday. Mr. Dicton asked if the Transfer Station staff would received double time pay.
   
   Mr. Rhodes said the Transfer Station workers do not get holiday pay. Ms. Hyjek said one year the Board paid the Transfer Station staff double time pay. Mr. Dicton said he was making a suggestion. The Board decided the Transfer Station would remain closed on Christmas and New Year's day.
   
   Ms. Hyjek asked if the Transfer Station would be paid for working two days when they will only work one day. Ms. Hyjek said one year the staff was paid. Mr. Rhodes directed Ms. Hyjek to look up the matter and report back to the Board.
   
   
   

Transportation Council & SWAC: Mr. Charles Shields reported:

1. Told the Board that smoke detectors are no longer hazardous and can be thrown away in the garbage.

2. Suggested Town residents not dispose of their old paint at the Town April Household Hazardous Waste collection but rather hold the paint until May when they can dispose the paint free at the Solid Waste District's Gleason Road location or a local hardware store, which will also be collecting paint.

3. He told the Board that electronic devices can be disposed at Solid Waste District's Gleason Road location.

4. Mr. Shields told the Board that the SWAC budget is up slightly due to new programs, extra work load and decreases in population. He said SWAC receives $11,906.00 which does not include the twice annual Household Hazardous Waste collections.

5. Mr. Shields will take the pictures for the Town Report.

Regional Planning Commission Mr. Fred Nicholson reported

1. Not Present

Town Road Commissioner: Mr. Byron Hathaway reported:

1. Told the Board he is presently working on brush cutting and will work on sign and road inventory updates next week. He said the information would be put into a GIS map.

2. Presented the Broadreach Planning and Design agreement for Board consideration. Mr. Hathaway told the Board that Town Attorney Mr. Kevin Brown had approved the agreement.
   
   Mr. Chioffi made a motion to sign the contract with Broadreach Planning and Design for the sidewalk project. Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Hathaway informed the Board that he, Mr. Mike Rowe, Mr. Aron Boynton, Mr. Paul Gallo and Ed Skwira are on the advisory committee. Mr. Hathaway said the committee would like a Select Board member and another individual as well on the committee.
   
   Mr. Rhodes suggested Mr. Hathaway get a School Board member to serve on the committee. Mr. Hathaway said there would be a kick off meeting followed by a couple more meetings. He said there would be a meeting to review the draft report, a meeting to accept the final report and a meeting to present to the Select Board.
   
   Mr. Hathaway will write to the town School Board seeking a member to serve on the committee. Mr. Chioffi suggested that either Mr. Rhodes or Mr. Hawley as Highway Committee members, also sit on the committee. Mr. Rhodes said Mr. Hawley would be on the committee.

3. Informed the Board that they need to adopt the 2013 Road & Bridge Standards before the first of the year. Mr. Hathaway said he would include the standards in the next Board packet.

4. Mr. Hathaway inquired if the Board would like to see a winter maintenance policy. He said the policy would describe what his department has been doing. He said a policy could help protect the Town in case of tort liability. Mr. Hathaway will submit a copy in the future.

5. Informed the Board that he will be submitting a Sign Maintenance Policy for Board consideration before January 1^st.

6. Informed the Board that he has done a Complete Street Report for the three streets which had construction work this year. He said he will submit a copy to the Board.

7. Cited the fact he has submitted his Highway Budget to the Board for the coming year. He said the budget also includes a proposed paving list for next year. Mr. Hathaway said the Highway Budget is up 1% because of some extra money he included for culverts to address the Prospect Hill culvert. He told the Board he has received a structures grant to do preliminary engineering for the Prospect Hill Road culvert.

Planning Commission Chairman: William Matteson:

1. Informed the Board that the Planning Commission recently approved a two lot subdivision.

2. Mr. Matteson informed Board members that the Town Plan Amendment hearing for the Solar Facility Siting Standards will be on December 5, 2013 at 7:00 P.M. Mr. Matteson encouraged Board members to attend the Planning Commission hearing. Mr. Rhodes cited the fact that the Select Board would hold their own hearing on the proposed Town Plan Amendment.

3. Mr. Matteson questioned the Board regarding the proposed $10,000.00 annual payment offered to the Town by the groSolar company. Mr. Dicton said the Board should not accept the $10,000.00 offer until it knows more about what other projects around the State are paying. Mr. Rhodes said the offer is goSolar throwing the Town a bone. Mr. Rhodes cited the fact the Board has not accepted anything from groSolar. Mr. Dicton cautioned Board members to go slowly prior to agreeing to anything.
   
   Mr. Chioffi said groSolar has duplicated the amount of money they would pay in school taxes and would agree to give the money to the Town as a payment in lieu of taxes. Mr. Chioffi said they have basically agreed to double taxation.
   
   Mr. Matteson requested a Board member explain the offer to the public at the Planning Commission's Town Plan Public Hearing. Mr. Chioffi said the Town might decide it would like a percentage of the revenue from a solar farm verses a payment in lieu of taxes.
   
   

   Mr. Matteson said because groSolar is a utility and must receive a Certificate of Public Good from the Public Service Board, all of their records, their profit and their expenditures has to be reported to the PSB. He said all of the information is available to the public. Board members discussed solar panels further and took no action.
   
   

Chief Ed Dumas reported: Mr. Chioffi reported for Chief Dumas

Calls for service within the two week period:

-Calls for service within the two week period: 15

- Total calls for the year: 375

-Types of calls assigned

Littering, Animal Problem, Family Fight, Motor Vehicle Crash, Citizen Dispute, Motor Vehicle Complaint, 911 hang up, Traffic Hazard, Welfare Check, Agency Assist and Directed Patrol.

• Closed Cases: 15

• Number of Arrests: 2

• What Types of Arrest: Two different arrests for Driving License Suspended Criminally

• Motor Vehicle Stops: 30

• Vermont Civil Violation Complaints (Tickets) Issued: 12

• Total Fine Amount $2,100.00 dollars

• Total number of Patrol Hours: 125

1. Chief Dumas: 29

2. Captain Washburn: 65

3. Officer Gamble: 31

Total number of Admin hours: 57.5

1. Chief Dumas: 42.5

2. Captain Washburn: 15

3. Officer Gamble: 0

Captain Washburn introduced Special Officer Mr. Jim Gamble to the Board. Captain Washburn told the Board that Mr. Gamble has 18 years of law enforcement experience.

Mr. Chioffi informed Board members that Chief Dumas would like the Board to authorize the expenditure of up to $4,000.00 in order to hire administrative help. Mr. Chioffi said the position would be for up to 20 hours a week, for up to eight weeks. The individual would begin when authorized by the Board.

Mr. Chioffi said according to the Chief, the Town should be current with NCIC by the second week in January. Mr. Chioffi said both Chief Dumas and Captain Washburn should be able to keep the records up to date once records are brought up-to-date.

Mr. Dicton said when Police Department record keeping is up to date, the Police Department would be eligible to apply for various grants. Mr. Chioffi said the person hired to do the record keeping would be paid $500.00 a week at $25.00 an hour. Mr. Chioffi said the person to be hired has 25 years experience working for another Police Department.

Mr. Chioffi moved to authorize the Chief to hire a temporary person for the purpose of bringing the NCIC up to date and not to exceed $4,000.00. Mr. Dicton made a second to the motion. The motion passed unanimously.

Fire Chief: Mr. Joe Denardo reported:

Not Present

Recreation Director: Mr. Mike Rowe reported: Read by Mr. Dicton

1. Told the Board that the diving board stand has been stripped, inspected and power coated to its original finish. The town will purchase a reconditioned diving board, which will be fully warrantied as if new.
   
   Mr. Dicton said that according to Mr. Rowe the price for the diving board and stand has increase 5% since the Town received the initial offer. Mr. Dicton made a motion to accept Mr. Rowe's proposal for the new reconditioned Dura form one meter diving board with stand and double guard rails for $7,428.00. Mr. Chioffi made a second to the motion. The motion passed unanimously.

2. The last day to register for basketball for grades 3 through 6 is 11- 26-13

3. Registration for kindergarten and second grade basketball will be Wednesday January 8^th in the school cafeteria. Registration forms are available at the Town Hall, on the Town's Internet site or by calling Mr. Rowe.

4. Thanked the Fire Department for draining the pool
   
   
   

Town Administrator: Mr. Joseph Zingale reported:

1. Discussed a letter from the State 911 Board to the Select Board encouraging the Select Board to change the addresses of six Town residences located on Meadow Lake Drive so that they would be in compliance wit the addressing in Mendon, Chittenden and Pittsford.
   
   Mr. Zingale told the Board that he has the new addresses, which would be assigned. Mr. Zingale told the Board that he had spoken with two of the six residents, who would have to change their address, and that they are not happy with the prospect of changing their house number.
   
   Mr. Zingale told the Board that he is surprised that the 911 Board cited a possible public safety concern as a result of the current addresses. Mr. Zingale said dispatchers are able to view a map and direct responders to the correct location.
   
   Mr. Zingale said the existing addressing could be very confusing for someone trying to deliver a package or find a particular home. Mr. Rhodes asked if Mr. Zingale is aware of any other addressing problems in other parts of the Town.
   
   Mr. Zingale said he was told by the 911 Board that Rutland Town and Mendon addressing on Town Line Road and Park Lane is not a problem. Mr. Zingale told the Board that the Town of Mendon switched to logical addressing a few years ago. Mr. Rhodes said Mendon chose not to participate in the 911 program in 1998.
   
   Mr. Zingale told the Board that the addressing between Mendon and Rutland Town is confusing since both Rutland Town and Mendon assigned even numbers to its residences on Meadow Lake Drive. Mr. Rhodes asked Mr. Zingale if there is a possibility that Fire and rescue could be delayed because of the addressing. Mr. Zingale said that according to the State 911 Board the answer is yes. Mr. Rhodes said the Board should change the addresses even though people will be unhappy with the change.
   
   Mr. Chioffi said he very disappointed in the process. He said it makes no sense, is not logical, is not sensible and is not fair to towns that have already participated in the 911 program. He said since Rutland Town was a lead Town and Mendon joined the program later, the Town of Mendon should change their addresses.
   
   The Board decided to wait two weeks to discuss with a full Board and Mr. Zingale is to determine if the Board can appeal the 911 Board's request to change Town addresses.

2. Informed the Board that the Rutland City Town Plan public hearing is scheduled for December 11, 2013 at 6:00 P.M. at City Hall. Mr. Zingale said there is language in the Plan that is opposed to new parallel roads with US RT 7 & US RT 4.
   
   Mr. Shields, who is on RRPC new road committee, said the City of Rutland negatively views the proposed road because it would open up the area of Town to future development. Mr. Rhodes said we are all about creating jobs. He said he does not care if the jobs are in the Town or in the City. Mr. Shields said the City's concern that the road would back up intersections, is a way of coming at it from behind the barn.
   
   Mr. Zingale said that it is really a lot to do about nothing. He said the concern is based on a total build out of the area of the Town in question. He said the study indicates there would be problems at the Cop John Drive and Holiday Drive intersection, if the Kalish Mall were built as well as a total build out of Randbury Road. He said 200,000 square feet of commercial space was projected just on Randbury Road.
   
   Mr. Chioffi said there is no downside to taking traffic off US RT 7. Mr. Chioffi said he can't understand that when the Town takes a progressive attitude to try to improve the infrastructure that we have to be fought by our neighboring municipality.
   
   Mr. Chioffi said the Town must attend the City's hearing and voice our objections. He said the Town has a legitimate say in the US 4 & 7 Upgrade Committee. Mr. Chioffi cited the fact he is on the US 4 & 7 Upgrade Committee and that he wants to see some of the US 4 & 7 study money to go into an improvement which benefits the whole region and the economic development in that section of Town.
   
   Mr. Chioffi cited the fact that new development in the Town would result in the City receiving five time the sewer rate and three times the water rate from any new business. Mr. Rhodes said all they have to do is to go to the mailbox to get the check.
   
   Mr. Hathaway said the draft report may not be giving the Town what we had hoped for. He said the Board should read the report carefully. He said the report really doesn't show the new road taking a lot of traffic off Route 7. He said the report shows the Town has problems with two intersections. He said maybe the Town should address the intersections first.
   
   Mr. Zingale said the negatives associated with the intersections in the Town are way out in the future, after everything is built out.
   
   
   

The Board reviewed packet correspondence.

Mr. Chioffi read a letter from former Select Board member Mr. Jim Hall regarding education taxes and spending.

Mr. Chioffi suggested the Board consider establishing a capital fund, which would receive money from the 1 % tax funds. Mr. Chioffi said the Board has to plan for infrastructure, which the Town needs.

Mr. Chioffi said taxpayers would not have to pay interest for project if the Board can draw on the Town's funds rather than borrowing money. Mr. Rhodes cited the Mead Fund, which will be used someday to build a new highway garage.

Mr. Chioffi said the Board needs to begin discussing establishing a capital fund and then asking the people to back the Board's decision. Mr. Chioffi said he would like to see $150,000.00 to $200,000.00 going into a capital fund each year.

Mr. Rhodes encouraged Mr. Chioffi to write up a ballot item for the Board to consider at the next meeting. Board members discussed establishing a capital fund further. Mr. Chioffi said the Board should consider any excess 1 % revenue over what is required by the general budget to go into the capital fund. Ms. Hyjek, said the Board could use 1 % money to lower the highway, fire and recreation budgets. Mr. Chioffi said he will try to come up with a percentage figure to go into a new capital fund.

Mr. Dicton moved to close the meeting at 8:23 P.M. Mr. Chioffi made a second to the motion. The motion passed unanimously.