TOWN OF RUTLAND

SELECT BOARD

MINUTES: December 18, 2012



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

The Meeting opened at 6:32 P.M.

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

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Presented Liquor license requests from Sandri Sunoco and the East Asian Restaurant.

  2. Reminded Board members to stop bye the Town Office on December 31st to sign orders.

  3. Requested all Department heads to have Reports and everything in to her by December 27 in the A.M.

Mr. Hawley moved to approve the Liquor licenses for Sandri Sunoco and East Asian Restaurant. Mr. Hall made a second to the motion. The motion passed unanimously.

The Board reviewed the minutes of December 4, 2012. Mr. Hall moved to approve the minutes with changes. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 0. Mr. Faignant and Mr. Rhodes abstained from the vote.

Attorney Mr. Jim Goss and Mr. Blair Enman, P.E., representing the owners of the Ponderosa Restaurant, met with the Board regarding the outstanding Town Waste water surcharge fee.

Mr. Enman presented a map and information he said shows that the Denny's restaurant is discharging waste water that makes it way into the Ponderosa manhole. Mr. Enman also told the Board that the waste water testing performed for the Town by Stantec is invalid.

Mr. Enman claimed the Town's BOD testing results were inaccurate because human feces were probably stuck in the testing tube and therefore produced inaccurate results. Mr. Enman told the Board that the Ponderosa testing was done in manhole #1 and that Denny's was tested in manhole #6. Mr. Enman cited the fact that he has confirmed that Denny's has an exterior grease trap. He previously told the Board Denny's did not have an exterior grease trap. Mr. Enman cited the various sewer pipe diameter sizes involved in his study. He said an 8” size sewer line connects to a 6” sewer line that goes under US Route 7.

Mr. Enman told the Board that all four of his oil & grease test results for the Ponderosa Restaurant on November 10th and 11th did not exceed the Town's oils and grease standard. He told the Board that similar testing of Denny's revealed that Denny's failed three of four tests for oil & grease.

Mr. Enman told the Board that when the Ponderosa is not operating (and due to the fact the Ponderosa line is directly across from the Denny's line) Denny's shoots directly into the Ponderosa line, and that it can appear as if the grease came from the Ponderosa.

Mr. Rhodes questioned Mr. Enman regarding the distance between MH # 3 & MH # 4. Mr. Enman said the distance is 50 to 70 feet. Mr. Enman told the Board that when MH# 4 surges to the top of the MH, it forces Denny's wast water all the way into MH # 1. Mr. Enman said every time the pipe is surcharged it moves the grease around.

Mr. Dicton questioned Mr. Enman regarding the elevation rise between MH # 2 & MH # 1. Mr. Enman said he can guarantee that the Denny's waste is going into MH #1 every time the the MH surcharges to the top. Mr. Enman said the fact the line under US RT 7 is clogged contributes to the problem.

Mr. Dicton cited the fact the sewer line could not surcharged as claimed by Mr. Enman, since the outlet from MH # 4 goes under US 7, thus preventing the waste water from backing up to MH # 1. Mr. Enman said it would back up to MH # 1 if the line under US RT 7 is plugged. Mr. Enman said the line under US RT 7 was not plugged when he recently did his testing. Mr. Enman said the 6” line under US RT 7 is prone to clogging.

Mr. Enman said the Ponderosa Restaurant is not contributing grease and oil to the sewer line he said his testing shows it is Denny's. Mr. Zingale said that on numerous occasions MH # 1 has plugged and MH # 2 does not show any signs of grease.

Mr. Goss told the Board that the numbers produced by Mr. Enman are the only numbers he has seen that lets him ( Mr. Goss ) get into the process to try to analyze this ( the problem).

Mr. Goss said he does not have enough history to definitively say what is causing the problem. He said the independent numbers show that we (Ponderosa) are within the grease and fats standard and Denny's is not. He said there may be times when the situation is reversed.

Mr. Goss said there may be a geometric problem with the line, which is aggravating the problem. Mr. Goss said there are two 8” lines carrying grease that go into a 6” line. He said it seems to him if you have two 8 inch lines going into a 6” line you are going to have problems. Mr. Goss said his starting point is to make sure both contributors are complying with the Town's standard. He said the only way to do it is to have a track record over time.

In discussion with Mr. Rhodes, Mr. Enman said a larger size pipe could carry a larger obstacle and when it hits the smaller pipe it is a potential restriction. Mr. Enman told the Board he disagrees with the work done my Stantec.

Mr. Enman said that Ms. Joann Wood, who is the lab technician who analyzed the Stantec sample, noted a discussion with a Stantec employee, regarding sample holding time. Mr. Enman told the Board that because Stantec had analysis done that took more than 48 hours, the chemical testing results are invalid.

Mr. Enman said he asked the question if such testing would result in low or high test results. Mr. Enman said Ms. Wood said it could go either way. He also cited a note indicating that a sample bottle could not be used due to an excessive dirty sample mix.

Mr. Enman said it is likely that human excrement was drawn into the sample, which resulted in a much higher BOD, COD and TSS results because of the excrement. Mr. Enman said he tested two days at both Denny's and the Ponderosa and none of his results were close to the high Stantec findings.

Mr. Enman said his results are far more representative for Denny's and Ponderosa than what the Town received from Stantec. Upon questioning from Mr. Rhodes Mr. Enman said there is 6 feet of pitch from MH #4 to MH #5 ( from the east side of US 7 to the west side of US 7 ). Mr. Enman said he thinks the pipe plugs on the east side of the road, which results in the MH # 4 surging.

Town Road Commissioner, Mr. Byron Hathaway, told the Board that he once removed a towel from the 6” pipe. He also said he notice a pile of sand on the invert tot he 6” pipe. He told the Board he also observed the 6” pipe to always be half full and just sitting and not moving. Mr. Hathaway said he believes there is probably some sort of a settlement issues just outside the MH.

Mr. Hathaway suggested the Town plug the Ponderosa, Denny's and Red Roof sewer lines and run a camera under US RT 7. He said the Town would be off the hook. He said if the pipe is perfectly straight and there are no issues, your off the hook.

Mr. Zingale told Mr. Enman that Stantec has been taking the same type test for the past 20 years and that the results have always been on the high side. Mr. Enman said he can only attest to the sampling he has done. Mr. Enman said his test were per the Town ordinance.


Mr. Zingale asked if a 24 hour composite test was performed. Mr. Enman said he collected four grab samples. Mr. Zingale said the Town's ordinance requires a 24 hour composite sample. Mr. Dicton said the Town has to go by our standard.

Mr. Goss said there should be more testing at Ponderosa and Denny's to get a better sense of what is going into the line. He said if the protocol was not followed properly then he needs to follow the protocol. Mr. Goss said he likes the fact he has an independent party that is actually doing the sampling and nobody is doctoring the data and everything is above board. He also said it would be a good idea to scope the line.

Mr. Goss said, if the line is clear, then we have to look at the Ponderosa and Denny's. He said, if the numbers show Ponderosa has to do something differently, then they will do it. He said, if the numbers show Denny's is the problem, then they will do something. He said if we both have to change what we are doing then we will do that too.

Mr. Goss said if the Town's engineer wants to have input into what they are doing he would be happy to listen. He said what Mr. Enman has done so far makes sense to him as long as they are following the Town's testing protocol.

Mr. Enman said he feels very comfortable with the results of his testing. Mr Enman said Endyne has serious reservations with doing composite samples. He said if the demand is to do a composite sample then we will.

Mr. Rhodes said the Town would have the line under US 7 camera-ed and Mr. Goss said he would do two more rounds of testing using the Town's standard. Mr. Enman requested to be present when the line is camera-ed.

Mr. Faignant said he would like to discuss the information submitted at the meeting with Stantec before making a decision as to how to move forward. The Board will meet again with the ponderosa representatives on January 29, 2013.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. No meeting no report


Town Road Commissioner: Mr. Byron Hathaway reported:


  1. Informed the Board he is writing the grant for the Post Road sidewalk extension feasibility study. The extension would be from the Town school to Northwood Park, according to Mr. Hathaway. He requested a letter of support from the Select Board.

  2. Told the Board that Wilk Paving would be willing to hold their paving price of $65.00 a ton from last year if Wilk is selected to pave for the Town in 2013. The Board discussed the matter with Mr. Hathaway and decided the paving should go out to bid.


Recreation Director: Mike Rowe reported:


  1. Thanked Mr. Hathaway for his work thinning out the trees and brush between the pool and the salt shed.


Fire Chief: Joseph Denardo reported:


  1. Informed the Board that the Department has begun the second round of planning talks with Black River design Architects.

  2. Told the Board the project should be ready to go to bid in March.

  3. Informed the Board that he may have located a building on US RT 3 to store the center Rutland Station trucks during construction.

  4. Told the Board that a couple of officers, that had been working on the project,had stepped down because of potential conflict of interests.

  5. Invited Board members to the Department's annual dinner on January 7, 2013

  6. Informed the Board that some recent Fire Department applicants were unacceptable due to their past history. Mr. Denardo told the Board that a law enforcement check is conducted on all new applicants.

  7. The Chief told the Board that he had sent a letter to all members stating they should contact the Chief if they are non-active members.

  8. Told the Board that the batteries to the new tanker truck go dead if the truck is not driven for two weeks. He attributed the problem to the so-called “black box” on the tanker truck. He said the department may be forced to hook the truck up to a charging unit when not in use.

  9. Mr. Denardo said he is considering having a mural put on the side of one of the trucks. He said the mural would show both fire stations and the Town office.


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board that the meeting with the Transportation Board regarding the Town's new Highway Access Management Plan went well. Mr. Zingale told the Board that the Agency of Transportation and the Rutland Regional Planning Commission made recommendation for additions to the Plan. Mr. Zingale said the Town's consultant, Mr. Robert Chamberlain from Resource Systems Group, said there is no problem with making the additions. The additions will include reference to the planned new local road in the south end of Town and referencing certain transportation regulations.

  2. Informed the Board that he and Mr. Hathaway had attended a recent storm water meeting. He told the Board that the Town's consultant Mr. Andres Torizzo offered free assistance to the Town to begin the compliance process.

  3. Explained that the Vermont Youth Conservation Corps. will pick up debris along town stream banks in April and that they are requesting the Town Highway Crew to truck the debris to a collection location in the City of Rutland. The Board said the Highway Department could do the work.

  4. Informed the Board that Black River Design Architects needs additional survey work for the Center Station renovations. Mr. Zingale said he instructed Mr. Mark Courcelle to add the work to what he is presently doing for the Town.

  5. Questioned the Board regarding the type of notices to be placed on the bulletin board in the Town Hall lobby. Mr. Dicton said it should only be for non-profit. Mr. Hawley said the same rules that apply for the Clerk's office should apply for the board in the lobby.

    Mr. Zingale told the Board that he had looked into adding security cameras to the Transfer Station. He said some additional equipment would have to be purchased. The Board told Mr. Zingale to proceed.

    The Board considered the proposed Aggressive Pan Handling Ordinance for adoption. Mr. Zingale said the proposed ordinance is modeled after a Burlington ordinance, which the Vermont League of Cities and Town's had suggested the Town use as a model.

    Mr. Dicton asked if the ordinance would control what is going on at the green Mountain Plaza. Mr. Faignant said it would give law enforcement some leverage in controlling the problem.

    Mr. Hall questioned if the ordinance would cover someone in a State Road right- of- way. Mr. Faignant said it would cover the entire Town. Mr. Faignant moved to take the steps necessary to enact the ordinance. Mr. Dicton made a second to the motion. The motion passed unanimously.

    Mr. Faignant told the Board that he watched our fellow communities discuss the marijuana dispensaries issue and that it occurs to him that there are so many requirements for the medical use of marijuana, that no casual user would bother going through the process in order to obtain the drug.

    Mr. Faignant said you can get marijuana pretty much with a day's notice anywhere in Rutland. He said the law requires a six month medical relationship between the applicant for medical marijuana and his doctor. He said additionally the Doctor must have taken a course regarding prescribing marijuana for medical uses. He said it has some benefit medically for cancers and eye problems.

    Mr. Faignant said to prohibit a medical marijuana dispensary just because it has the word marijuana is a little hypocritical. He cited the fact an individual can get mind and sense altering drugs like Oxycontin or perkaset by telling the doctor you have a back pain. He said philosophically it would be best to leave the situation alone. He said the Town should not be part of the hypocritical approach.

    He said it would be wrong if someones son or daughter or husband or wife had a condition where they could benefit from the use of medical marijuana and not be able to do it in their own town, would be wrong. Mr. Faignant said he is opposed to taking any action on the issue.


    Mr. Dicton asked how the item got before the Board. Mr. Hall said the matter was discussed several meeting ago. Mr. Hall said he thought it should get a through airing before the Board. Mr. Hall said with no Zoning the Town is wide open. Mr. Hawley said everybody gets caught up in the fact marijuana is a regulated drug.

Transportation Council & SWAC: Charles Shields reported:

Not present

Police Chief: Ed Dumas reported:

Not present

Planning Commission: William Matteson:


Not Present


The Board reviewed packet correspondence.


Mr. Hall moved to go into executive session to discuss the contract proposal from Richard Lewis Appraisal Services and pending litigation. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Rhodes declared the executive session closed. Mr. Rhodes announced the Board has selected Richard Lewis Appraisal Services as a preferred vendor. Mr. Faignant moved to accept the contract for appraisal services. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Hawley moved to adjourn the meeting at 9:00 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.
























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