TOWN OF RUTLAND

SELECT BOARD

MINUTES: February 12, 2013



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

The Meeting opened at 6:38 P.M.

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

Ms. Moira Campbell, of Neighbor Works of Western Vermont, met with the Board and encouraged Town officials to participate in Home energy efficiency upgrades. Ms. Campbell requested the Town set as a goal the upgrade of 53 homes in town. She said 53 homes would be 3% of the housing in Rutland Town. Ms. Campbell passed out information materials.

Ms. Campbell told the Board that the Vermont Legislature has mandated that 80,000 homes be weatherized by 2020. Ms. Campbell said the town ( in the county) that does the best job will get a $10,000.00 prize. She said the money could be spent to do a public weatherization project in the town.

Ms. Campbell encouraged town officials to participate in a training session planned for February 19th 2013 at the Rutland Hospital. Ms. Campbell said her organization has a goal of weatherizing 1000 homes by August 2013.

Ms. Campbell said a home energy audit cost a homeowner $100.00. She said Neighbor Works would cover all other audit cost. Ms. Campbell said Neighbor Works makes loans to individuals to pay for the energy upgrades. She said the monthly savings on the fuel bills are equal or greater than the cost of the energy improvements.

Ms. Campbell said if a homeowner makes the improvements they would have to pay $150.00 for a contractor to inspect the work. Ms. Campbell said Neighbor Works would cover the $150.00 fee. Ms. Campbell said presently 12 towns in Rutland & Bennington Counties have singed up.

Mr. William Matteson, Town Energy Chairman, said the Town's Energy Committee would be getting the word out regarding doing a home energy audit. He said the Committee would also hold public meetings as well as making a video for local public access TV.

Mr. Matteson said the home audit is especially important for older homes. Ms. Campbell told the Board she would return and give a power point presentation. Mr. Faignant made a motion for Rutland Town to sign up with the program. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Pete Andrews, P.E of Stantec Engineering, met with the Board to respond to correspondence submitted to the Board by Mr. Blair Enman, P.E., on behalf of the Ponderosa Restaurant owners.

Mr. Andrews stated the following:

Mr. Andrews explained to the Board how Stantec performed the waste water test for the Town. He explained that a 24 hour composite sampler was placed in the manhole and that a pump collected a sample every hour for 24 hours. He said the 24 samples are then mixed together and sent off to the lab for testing.

Mr. Andrews cited the fact the Town has received as many as a dozen Ponderosa waste water tests, with similar results, over the past 20 years. Mr. Andrews explained to the Board that a B.O.D test takes five days to run. Mr. Andrews said the test must be run within 48 hours of collecting the last sample.

He said due to the Lab's operating schedule the samples were tested after 48 hours. Mr. Andrews said the waste water had been refrigerated and that the time period did not cause totally bogus test results. He said the results were certainly within the testing range.

Town Administrator, Mr. Joseph Zingale Jr., cited the fact the State has issued a permit for the installation of a second 2000 gallon grease trap. He said the tank has not been installed. Mr. Hall cited the fact that he recently witnessed two chunks of grease come down the Ponderosa sewer line when he was present for line testing.

Mr. Zingale told the Board that in the 1990's the Town replaced a 90º bend in the sewer line under US RT 7 with two 45º bends. Mr. Faignant asked Mr. Andrews if the two 45º bends could be contributing to the problem. Mr. Andrews said it certainly could since it might clog more easily.

He said a 90º bend would clog more frequently than two 45º bends. He said a straight pipe would clog even less. Mr. Andrews said the 6” pipe is not going to clog unless there is a towel or a lot of grease in the line. Mr. Zingale told the Board that according to the City of Rutland DPW Commissioner there is no inherent problem with a sewer line with two 45º bends.

Mr. Rhodes said regardless of the size of the pipe under US RT 7 we still have grease coming from the Ponderosa. Mr. Andrews said based on his previous observations the grease ran out of the tank. Mr. Rhodes said Mr. Andrews should represent the Town the next time Mr. Enman does sampling. Mr. Rhodes said if the Town needs to address the line under the Road it will, and he added that the Town must first stop the grease from entering the line.

Mr. Zingale told the Board that according to the owner of A1 Sewer & Drain Service, the blockage is at manhole # 4 and not under the road. Mr. Andrews told Board members that there was a substantial accumulation of solids in manhole #1 when he placed the testing sampler in the manhole in August 2012.

Mr. Andrews said prior to the construction of a new grease trap research should be done. He said the research should include taking samples and measuring temperature.

Mr. Dicton cited the fact that the Ponderosa owners have proposed doing additional grab sample testing when their attorney Mr. Goss told the Board that their next test would be to the Town's standard. Mr. Zingale told the Board that over the past few weeks he has been putting tracing powder in MH# 2. he said there is no evidence that the tracing powder is moving from MH# 2 to MH# 1. He said the flow is going to MH# 3.

Mr. Hall cited the fact that when he was present observing the camming of the sewer line under US RT 7, the 6” sewer line was only partially full. He said Denny's, Red Roof and Ponderosa were all discharging at the time.

Mr. Andrews cited the fact that sampling done by the owners of the Ponderosa restaurant also found the restaurant to be in violation of the Town's waste water discharge ordinance. Mr. Andrews said none of their B.O.D & C.O.D. test results that show they are within the Town's standard.

Mr. Andrews said it is very unlikely that the waste water test results the Town received in August 2012 were influenced by waste water from Denny's. Mr. Andrews cited the fact there were no reported blockages during the time the test was conducted.

Mr. Faignant requested Mr. Andrews to summarize his presentation and to send the Board a copy. Mr. Andrews will also send a copy of his report to Mr. Enman.

The Board reviewed the 1-29-13 minutes. Mr. Hawley moved to approve the minutes with corrections. Mr. Hall made a second to the motion. The motion passed by a vote of 4 to 0 Mr. Rhodes abstained from the vote.

Questions from the floor.

Mr. Fred Nicholson introduced, Mr. Kristen Mark Hughes, the new Executive Director of the Rutland Regional Planning Commission (RRPC) to the Board. Mr. Hughes told the Board he is getting acquainted with Rutland Town. He told the Board that he had met with Mr. Zingale the previous week.

Mr. Rhodes asked Mr. Hughes regarding the RR PCs role in the planned Center Rutland water & sewer feasibility study. Mr. Hughes said he had been briefed by his staff and that the RRPC stands ready to help.

Mr. Zingale informed the Board that Mr. Mark Youngstrum, P.E., has offered to do the study at no charge. Mr. Zingale said he was first told of the offer by Mr. Jamie Stewart, Executive Director of the Rutland Economic Development Corporation (REDC) and he cited a letter from Mr. Youngstrum.

Mr. Rhodes said a meeting should be scheduled to discuss the project with Mr. Stewart and Mr. Hughes.

Mr. Hughes said he called Mr. Youngstrum and was told he (Mr. Youngstrrum) has existing data and information that would be useful and that he has worked with the Town.

Mr. Hughes said Mr. Youngstrum's proposal is a good offer. He said the Town should make sure it gets what the Town really needs. Mr. Hughes said he would be happy to attend a meeting.

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Cited the “Line-of-Credit” bids to be opened later

  2. Liquor license applications for consideration


Transportation Council & SWAC: Charles Shields reported:


  1. Informed the Board that three regional planning commissions sent a letter to the local Act 250 Commission seeking traffic studies be performed regarding S.P. Land's proposed “Killington Village” development in Killington. Mr. Shields said some on the Transportation Council members feel the commission's are putting the squeeze on S.P. Land.

    Mr. Shields said a commissioner from Killington informed him of the letter. He said the Killington commissioner is not happy with the fact the letter was written without consulting with local planning commissions.

    Mr. Shields cited the fact the study would include U.S. RT 4 and that a section of U.S. RT 4 is in Rutland Town yet the Town was not informed of the letter. He cited the fact that the Town of Mendon had been notified. He additionally cited the fact that Mendon is on the same side of the mountain as Rutland Town.

    Mr. Shields cited a $6 million dollar development project at Jay Peak and Burke Mountain which does not have to conduct a three county wide traffic study. Mr. Shields predicted there will be a lot of repercussion coming from the decision to send the letter. He said we will just have to stay tuned. Mr. Rhodes said he would rather stand on the sideline and observe and not get involved.

Regional Planning Commission Mr. Fred Nicholson reported:


  1. Mr. Nicholson told the Board that the Killington project ( cited by Mr. Shields) is a lot older than S.P. Land. Mr. Nicholson said the request from Act 250 to the three Regional Planning Commissions, to come up with some permit conditions regarding a traffic study, dates back to a memorandum of understanding signed by the predecessor to S.P.Land, named “Killington Village”.

    Mr. Nicholson told the Board he has been involved with the project for at least 15 years. He said all of the towns have been involved and have had an opportunity to add some input. Mr. Nicholson said he thinks Mr. Rhodes proposed position is good.

  2. Mr. Nicholson said the Regional Commission is in the very early stages of instituting it's strategic planning initiative. He said the staff and commissioners have to develop their brand.

Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Presented the annual certificate of Highway Mileage for signature. Mr. Hathaway told the Board there has been no change since last year. Mr. Hall moved to sign the certificate for highway mileage for the year ending 2013. Mr. Hawley made a second to the motion. The motion passed unanimously.

  2. Informed the Board that the State has updated their Bridge and Road Standards and have also made some minor changes. He said the Town will have to vote to adopt the revised standards. Mr. Hathaway will send the Board information so they can vote on the matter at the next meeting. Mr. Hathaway said one of the changes requires roads meet the minimum road base standard, if they are to be reconstructed.

  3. Informed the Board that he is attempting to purchase a surplus army trailer from Fort Drum New York. He said he would use the trailer to move a tank used in dust control. He said presently the tank has to be loaded onto the Town truck. He said the trailer is new and unused. He said there is a minimum charge of $500.00, plus transportation charges. The Board discussed the matter with Mr. Hathaway. Mr. Faignant moved to authorize Mr. Hathaway to proceed with the purchase. Mr. Dicton made a second to the motion. The motion passed unanimously.

  4. Mr. Rhodes questioned Mr. Hathaway regarding the Town's use of brine on roads.

Police Chief: Ed Dumas reported:

  1. Things are going well.

Mr. Dicton inquired if Captain Washburn's vehicle is set up. Chief Dumas said the vehicle is all set except for the decals on the doors.


Fire Chief: Joseph Denardo reported:


  1. Mr. Rhodes informed Chief Denardo that the Vermont Country Store had donated $250.00 to the Fred Gallipo Fund.


Mr. Hathaway thanked Chief Dumas for calling at night to notify Mr. Hathaway of bad road conditions.


    2. Presented the State Forest Fire Warden appointment from to the Board. Mr. Denardo told the Board he had already told the State he would continue in the position. Mr. Hawley moved to appoint Mr. Joe Denardo as Forest Fire Warden. Mr. Dicton made a second to the motion. The motion passed unanimously.

    3. Gave the Board an update regarding the work on the cab and chassis for the new Fire truck under construction.


    Mr. Rhodes asked if the electrical problem with the new $160,000.00 truck had been resolved. Mr. Denardo said the problem has not been resolved. He said the truck is started frequently and charged if needed.


    The Board and Mr. Denardo discussed the matter further and it was decided Chief Denardo will write to Freight liner and officially notify them of the problem. He will also retroactively inform Freight liner when the problem first started.

    Mr. Denardo told the Board the department is getting additional training regarding the do's and don't of downed power lines.

    Mr. Denardo told the Board that he is against plans to utilize an old gravity sewer line in connection with the construction of the new center Station. Mr. Denardo cited the fact the gravity line used to freeze and was subsequently replaced with a pump station.

    Mr. Denardo told the Board that the architects do not think snow falling off a standing seem roof will be a problem. Mr. Denardo said the architects have proposed a guard rail, which would keep individuals away from the falling snow.

    Mr. Dicton cited the fact that the Board previously decided to go with an asphalt shingle roof because of falling snow. Mr. Faignant said the decision was made before they came up with a 20 foot buffer. Mr. Dicton said he is not sure 20 feet is adequate.

    Mr. Denardo informed the Board that plans call for changing vehicle parking at Center Station, which would result in changing the access to Business RT 4.

Recreation Director: Mike Rowe reported:


Mr. Rowe left the meeting before giving his report.


Planning Commission: William Matteson:


No Report


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board that he had met with Rutland City Mayor Christopher Louras and City DPW Commissioner Evan Pilachowski and that they had suggested the Board consider joining the City's MS4 law suit as an interested party.

    Mr. Zingale told the Board that Town Attorney Mr. Kevin Brown, had on the Board's behalf filed paperwork with the court for party status. Mr. Zingale said if the Board votes to join with the City, he (Mr. Brown) will follow up with the court or do nothing if the Board decides not to join the City.

    Mr. Zingale told the Board that the City officials also requested the Board consider financially assisting the City in their appeal. Mr. Rhodes said any further discussion should be with the Intermunicpal committee and should include a discussion of the sewer contract.

  2. Cited a letter from VLCT regarding proposed actions to mitigate snow and ice damage from snow and ice falling from the Town Hall. Mr. Zingale said from his experience the west side of the building is not a problem with falling snow and ice. He said the east side and the back of the building should be addressed. Mr. Faignant said the roof (over the stairs) should be extended further. Mr. Dicton cited the fact the Board planned to address the falling ice and snow issue in the spring.

  3. Suggested the Board appoint Mr. Mike Rowe to be the administrator for the $10,000.00 State recreation Grant. Mr. Rhodes requested Mr. Zingale assist Mr. Rowe, should he need any assistance.

  4. Updated the Board regarding the status of the Town's US RT 7 South Access Master Plan. He said the Town is waiting to get a hearing date for the so-called Farrell Slip lane.

  5. Informed the Board that the District # 1 Environmental Commission had denied residents in Fire District # 10 the right to drill their own wells.

  6. Mr. Zingale told the Board that he had contacted a representative for the U.S. Army regarding making electronic sewer payments to the Town. He said he had been assured he had updated the Town “Cage Code”.

Mr. Dicton moved to approve a liquor and tobacco license for J.W. Sandri and a liquor license for the 99 Restaurant for the calender year as of today. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Rhodes opened the Center Station Line-of-Credit bids :


Lake Sunapee Bank--- 1.25 % fixed straight line of credit for $1,200,000.00 and will allow increases for another $800,000.00 and would allow six checks per month to be written


TD Bank--- No bid


Peoples United Bank --- 1.85 %, two monthly withdraws at $50,000.00 each


Mr. Dicton moved to accept Lake Sunapee Bank for the Fire Department Line-of-Credit. Mr. Faignant made a second to the motion. Mr. Hall said (regarding the money market account) he sees no need to go with a reinvestment and take a chance on tieing up our resources. He said the purpose of Line-of-Credit is to set the Town up to do business and pay the bills without having to go into taxpayer funds. He said we are into taxpayer funds now, and that it is wrong.


Mr. Hall told the Board that he had checked with Lake Sunapee Bank and had been told

the Line-of-Credit can be funneled right into a checking account. Mr. Rhodes said the discussion is not part of Mr. Dicton's motion.


Mr. Hall the money should go into a checking account and not a money market account. Ms. Hyjek said she will check with the Bank to see if the Town would get more interest revenue by putting the funds into something different than a checking account.


Mr. Dicton said the point of his motion is to get money so the Town can write about six checks a month. He said the money could be put into another check book as suggested by Ms. Hyjek. Mr. Hall said he does not want to see the Town get tied down to only six checks a month. Ms. Hyjek said the process worked out fine with the McKinley Bridge project. Mr. Hall said the Station project is totally different.


Mr. Denardo said the Town would pay the General Contractor (GC) and that the GC would pay the subcontractors. Mr. Faignant said Mr. Dicton is correct in that the purpose of the motion is to get accessibility to the money. The motion passed unanimously.

Mr. Hawley reviewed packet correspondence.


Mr. moved to adjourn the meeting at 8:45 P.M. Mr. made a second to the motion. The motion passed unanimously.
























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