TOWN OF RUTLAND

SELECT BOARD



MINUTES: March 11, 2014

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

The Meeting opened at 6:45 P.M.

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

Town Administrator Mr. Joseph Zingale Jr. opened the floor for nomination for Select Board Chairman for 2014-2015. Mr. Faignant nominated Mr. Steve Hawley as Board Chairman. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hawley called for nominations for Board Clerk. Mr. Faignant nominated Mr. Don Chioffi. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hawley welcomed Ms. Mary Ashcroft as the new Board member. Ms. Ashcroft thanked Mr. Hawley for the welcome.

The Board reviewed the minutes of 2-25-14. Mr. Chioffi moved to approve the 2-25-14 minutes as written. Mr. Dicton made a second to the motion. The motion passed by a vote of 3-0-2. Mr. Faignant and Ms. Ashcroft abstained from the vote.

Mr. Hawley asked if there were any questions from the floor.

Rutland City resident Mr. Nick Santoro addressed the Board and apologized regarding the letter he wrote to the newspaper regarding Flory's Plaza. He told the Board the building is a health risk to the public and that something has to be done to remove the old buildings.

Mr. Santoro cited Vermont Statute 18 and said the Town Health Officer has the authority to destroy any public hazard. He said a cleared property with a new sewer line on US RT 4 would increase the property value for the Flory's.

He said it is his opinion that Rutland Town Board members now have moral culpability should anyone get hurt or killed on the Flory property. He said he is really sorry if he offended anybody in Rutland Town.

Mr. Hawley said hopefully the Board will be able to address some of the issues raised by Mr. Santoro through the Town Fire and Police services.

Vermont Gas Systems, Inc. representatives Vice president Ms. Eileen Simollardes and Project Manager Mr. Charlie Pughe, met with Board regarding plans to extend their natural gas pipeline to Rutland County, which would include the Town of Rutland.

The representatives passed out correspondence, made a presentation and answered questions raised by Board members and those in attendance. Ms. Simollardes made the following points:

Ms. Simollardes also cited other examples of the benefits that would come with access to natural gas.

Clerk & Treasurer: Ms. Marie Hyjek :

  1. Reported the groSolar public hearing scheduled for the following day has been canceled due to the weather. She said the rescheduled date is March 26th.

  2. Thanked everyone who helped with the March election. She said everything went well.

  3. Told the Board she received a wire transfer for $2,310.83 from the Vermont Fire Safety for the Center Rutland station. Ms. Hyjek said the money is a refund. She said any income would go into the restricted bond account.

  4. Announced application forms for Town Scholarships are available and that the deadline for applications is April 30th.

  5. Told the Board dog licenses are available and that the deadline is April 1st.

  6. Told the Board she has billed the Town School Board for their share of the Town report.

Ms. Ashcroft inquired if the Scholarship information could be placed on the Town Web site. Mr. Zingale said he could place the information on the Town's site. Ms. Ashcroft also suggested the Board consider placing the Town Report on the Town's web site.


Mr. Chioffi asked Ms. Hyjek if she had determined why some voters had been left off the checklist. Ms. Hyjek explained why some voters are removed from the Voter checklist.


Mr. Dicton cited the fact that the Board plans on creating a committee to work with Ms. Hyjek to get the Town report online.


Transportation Council & SWAC: Mr. Charles Shields :

  1. Informed the Board that the TAC recently prioritized hazardous road. He said the roads had to be at least one mile long. Mr. Shields said the TAC had to choose three roads and that VTrans had been given the list.

  2. Told the Board that according to State officials the Dorr and Ripley Bridges will be replaced simultaneously. He said the existing Ripley bridge will stay up while the new bridge is being constructed.

  3. He cited the planned VTrans public hearing regarding the Board's request for a slip lane on Route 7.

  4. Mr. Shields said the Board needs to replace Mr. Nicholson and himself as Town representatives to the Rutland Regional Planning Commission (RRPC). He said he also must be replaced as the Town's SWAC representative. He said there is RRPC meeting on the 25th, a TAC meeting on the 27th and a SWAC Household Hazardous Waste day on April 12th.

  5. Mr. Shields told the Board that it has been an honor to represent the Town and the many different individuals that have served on the Town Board as well as working with Ms. Hyjek and Mr. Zingale.

    Mr. Shields said he has been attending Board meeting for 22 of the 24 years he has lived in Town. He told the Board he will really miss the three characters sitting in the back of the room. He described the individuals as “Larry, Moe and Curly.” He said they will have to find someone else to beat on in the future.

    Mr. Shields departed with the words “au revoir, arrivderci, goodnight”. Board members thanked Mr. Shields and clapped in applause.

    Mr. Chioffi read the inscription on the plaque which the Board prepared for Mr. Shields. Mr. Shields was presented with the plaque and he said he would place the plaque under the one he received from his last town, where he was Police and Fire Chief.

Regional Planning Commission Mr. Fred Nicholson:

  1. Told the Board things are pretty normal at the RRPC.

  2. He told the Board that Mr. Zingale has been working with RRPC Staff member Ms. Barbara Pulling regarding MS4 compliance.

  3. He said the RRPC may get a little more in funding this year from the Agency of Commerce and Community Development.

  4. Mr. Nicholson told the Board that the RRPC hopes to have a permanent Executive Director on board by January 1, 2015.

Town Road Commissioner: Mr. Byron Hathaway:

  1. Submitted the annual Financial Plan for Board signature. He said the purpose of the plan is to prove to VTrans that the Town is spending at least $300.00 a mile on Town roads.

  2. He told the Board that road salt use is at 1,465 tons. He said typically he shoots for 1,500 tons of salt use. He said he has used about 8,000 gallons of magnesium chloride. He said a total of about $80,000.00 has been spent this season for de-icers.

  3. He said he has spent approximately $106,000.00 to date for equipment. He said the expenditure amount is up to the present date and that any expenses beginning the next day would be additional. He said during the same time period he spent approximately $31,000.00 for labor and materials. Mr. Hathaway said he is still under budget.

Former Town Fire Chief Mr. Joe Denardo met with the Board and reported the department took delivery of the new engine # 4 on January 18th. Mr. Denardo said there are a few minor issues.

He told the Board that the truck was returned to Dingee Machines a couple of weeks ago. Mr. Denardo said Dingee Machines rectified their concerns. Mr. Denardo said the final contract price is before the Board. He said all of the contracted and originally bid stuff is complete. He said the Board would receive a reconciliation bill from Dingee Machines.

Mr. Denardo told the Board that the Town has a couple of credits with Dingee Machines. He said there would be additional expense for new shelving, tool boards and mounting hardware. Mr. Denardo told the Board that the department is very satisfied with the new truck.

Mr. Denardo also discussed Center Station expense quotes with the Board. Mr. Denardo told the Board that he had recently reviewed a summary report for the Center Station, which the department received in August 2012. He said the summary outlines some of the Town's responsibilities regarding purchases the Town would make for the new station.

Mr. Denardo told the Board that he also has reviewed the Center Station construction manual and that he feels there are some inconsistencies between what was discussed in the committee regarding the Town's responsibilities for equipment and labor items.

Mr. Denardo referred to a document and cited the fact that $5,000.00 was budgeted for office and meeting room furniture. He said the amount was generated by square footage.

He also cited other Town proposed purchases, which totaled $13,125.00 . Mr. Denardo said according to the construction manual the Town is also responsible for hose tower equipment, the air hose reel and existing keypad combo sets. He said everything should have been listed in the manual. He said it would have been clearer as to what the Town was going to purchase if the items had been listed in the construction manual.

Mr. Denardo said he can understand Board members concerns as to whether the Town paid of various items as part of the construction costs. Mr. Denardo said there will be additional items the Department will need to finish off the station. Mr. Hawley suggested the Board schedule a walk through and Mr. Denardo agreed.

Board members and Mr. Denardo discussed the Center Station expenses and construction at length. Mr. Dicton requested that the electrical contractor's engineer and the mechanical engineer on for the job to be present at the walk through. The Board scheduled a walk through for March 19, 2014 at 4:00 P.M.

Mr. Dicton questioned Mr. Denardo regarding a pending $3,137.00 pay estimate from firefighter Mr. Matthew Voity regarding his work installing computer system wiring and other electrical hardware at the new station. Mr. Dicton questioned why the work is being done after the building was built.

Mr. Denardo said no allowances were made for networking computers because the department was concerned it was right at the two million dollar estimate. He said the IT equipment was added back into the project when the bid came in under the the estimated amount. He said the Board later authorized the purchase of the IT equipment.

Mr. Denardo and Board members discusses various Center Station expenses, change orders and other issues further. Mr. Dicton made a motion to accept the request for payment to rectify the matter. Mr. Faignant made a second to the motion. The motion passed unanimously. Mr. Denardo thanked the Board for their time.

Planning Commission Chairman: William Matteson:

Not present

Police Chief 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: 24

    Total calls year to date: 133

    Types of calls assigned
    Suicide Attempt, Citizen Dispute, theft, Property Damage, Residential / Business Alarm, Motor Vehicle Complaint, Fire Alarm, Agency Assist, Phone Problem, Bad Check, Threatening, Welfare Check, Unsecured Premise and Motor Vehicle Crash with bodily injury.

    Closed Cases: 23

    Number of Arrests: 2

    What Types of Arrest: Retail Theft and Grand Larceny

    Motor Vehicle Stops: 30

    Vermont Civil Violation Complaints (Tickets) Issued: 12

    Total Fine Amount : $2,113.00 dollars

    Total Fine Year to Date $5,208.00 dollars

    Total number of Patrol Hours: 141

    Chief Dumas: 39

    Captain Washburn: 62

    Officer Gamble: 40

    Total number of Admin hours: 25

    Chief Dumas: 21

    Captain Washburn: 4

    Officer Gamble:0

    Chief Dumas informed Board members that there is approximately $28,000.00 left in the vehicle reimbursement fund for this calendar year. He told Board members that he has discussed with the police Committee the possibility of bidding on a used 2011 police vehicle, which the City of Rutland has available.

    Mr. Dumas said there is a minimum bid amount of $15,000.00 . He said the cost of the vehicle new would be $37,000.00. Mr. Dumas said the vehicle has less than 50,000.00 miles.


Mr. Dumas suggested the Town submit a bid for the vehicle and if successful Captain Washburn would retire his vehicle. He said the Town would no longer have to pay Captain Washburn to operate his vehicle. Chief Dumas said Captain Washburn and officer Gamble would operate the new vehicle.


Mr. Dumas said he would operate his vehicle until the end of the fiscal year when the Town plans to purchase two new cruisers. He requested permission to submit a bid for the vehicle. He said in the future all three Town law enforcement officers would be able to respond to a major event in separate vehicles.


Mr. Chioffi said he has discussed the matter with Mr. Dicton and that the Town needs to move money from the vehicle reimbursement fund to allow the Chief to put in a bid for the vehicle. Mr. Faignant moved to approve the chief's request. Mr. Chioffi made a second to the motion.


Ms. Ashcroft said she is not sure how the purchase fits in with what was approved at the recent election. Mr. Dicton told Ms. Ashcroft that the the Police Committee and the Police Department have discussed the matter and that the purchase of the vehicle from the City would accelerate the process of acquiring three police vehicles. The motion passed unanimously.


Chief Dumas thanked townspeople for approving the police budget. He said he, captain Washburn and officer gamble do their best to serve the community and the people who reside here. He said his motto is “ It's all about the victim”.


Recreation Director: Mr. Mike Rowe reported:

  1. Told the Board that the basketball ball season is just about finished. He said one team still had a game to play. He thanked all of the coaches for their time since November.

  2. Reported that baseball registration is ongoing. He said individuals can get a form online on the Town's web site, or can pick up a form at the Town Clerk's office or contact him in order to get a registration form.

  3. Informed the Board that both summer maintenance individuals would like to work for the Town this year. Mr. Rowe said he would get the individuals to clean up the parks as soon as it is possible.

Mr. Faignant made a motion to do our policing and disengage with the Rutland County Sheriff's Office. He said voters have made it clear that they want our town department to do out policing and he said he certainly agrees with it. Mr. Dicton made a second to the motion.

Ms. Ashcroft questioned Board members regarding the $10,000.00 budgeted for the Sheriff's department. Mr. Faignant said the money was budgeted in the event the Board decides to use the Sheriff's department. Mr. Faignant said the Sheriff's department is generally available on short notice. The motion passed unanimously.

Town Administrator: Mr. Joseph Zingale reported:

  1. The meeting with the State Transportation Board scheduled for March 27, 2014 at 6:30 at the RRPC office may be postponed because the Secretary for the TBoard thought the Town had completed additional traffic analysis. Mr. Zingale said he would be present for a 4:30 site visit with the TBoard and would also attend the 6:30 P.M. Meeting at the RRPC.

  2. Requested the Board appoint a Flood Hazard Zoning Board of Adjustment (FHZBA) to review an application from the Town Highway department, which has to place a culvert in a flood hazard area of Prospect Hill Road. Mr. Zingale said the application would be a conditional use application which requires the review by the FHZBA.

    Mr. Zingale suggested the Board appoint three individuals to review the application. Ms. Ashcroft and Mr. Nicholson said they would serve on the FHZBA and Mr. Zingale will contact Mr. Blair Enman to see if he is interested in serving on the FHZBA.

  3. Informed the Board that a Storm water meeting has been scheduled for the next meeting on 3-25-14. Mr. Zingale said the owners of property involved would be present as well as the Town's storm water consultant. Mr. Zingale cited the fact the Town has come up with two proposed storm water improvement projects. The project of Randbury Road and a project off Hitzel Terrace.

  4. Cited the fact that the $9,600.00 landfill monitoring contract with Stantec needs to be renewed in order to do the spring monitoring. Mr. Faignant moved to approve the contract. Ms. Ashcroft made a second to the motion. The motion passed unanimously.

  5. Informed the Board that the plan to save $100.00 a year by hosting the new storm water web site on the Town's server did not work out. He said it would now cost approximately $400.00 to put the storm water site on line. He also informed the Board that it would cost $183.50 to print 300 storm water educational brochures.

  6. Reminded the Board that the 1989 inter municipal Sewer Agreement with the City of Rutland either has or soon will expire.

  7. Told the Board that the bids for the Post Road electrical panel relocation and wet well extension bids are available to be opened. Mr. Hawley read the following:

    Champlain Construction- $178,555.16
    VMS Construction - $234,000.00
    Neil H. Daniels - $227,700.00
    Belden Company - $214,300.00
    Penta Corporation - $229,100.00
    Smalley - $227,700.00
    Markowski Excavation - $252,802.46

Mr. Zingale will review the bids with Mr. Tom Doty, from Dubois & King, and will report back to the Board at the next meeting.

The Board instructed Mr. Zingale to place a notice in the newspaper and on the Town's web site seeking a new Planning Commissioner, a SWAC representative and alternate, a RRPC representative and alternate, a TAC representative and alternate, and an individual to serve as the Town's Delinquent Tax Collector.

Mr. Chioffi said historically a Town law enforcement person has been the Town Service Officer. Mr. Chioffi made a motion to make Town Police Chief Ed Dumas the Town Service Officer. Mr. Dicton made a second to the motion. Ms. Ashcroft questioned how long the Town has been appointing a law enforcement person to be the Town Service Officer. Mr. Zingale said prior to law enforcement doing the job Mr. J Barry Burke was the Town Service Officer. Mr. Chioffi said he has also served as the Town Service Office. The motion passed unanimously.



The Board discussed an invitation for a Town official to offer testimony before a Senate Committee. Mr. Zingale said the Committee is interested in why the Board has Adopted Solar siting standards and what the Town has done to date. Mr. Chioffi will represent the Board before the committee.

Chief: Mr. Frank Cioffi reported:

  1. Not present.

The Board reviewed packet correspondence.

Mr. Rod Viens, of groSolar requested to be on the next agenda to continue the conversation regarding the pilot program in executive session. Mr. Viens cited the fact that the Town is now a party to the groSolar application because the Town has filed to intervene.

Ms. Ashcroft questioned when the Town filed to intervene. Ms. Ashcroft said at the last Board meeting there were not enough votes to approve the the motion to intervene because Mr. Dicton did not vote. Mr. Faignant said the Board had previously voted to have the Town attorney file for party status on behalf of the Town.

Mr. Faignant reminded the Board that there is a personnel mater to be discussed in executive session. Ms. Ashcroft asked if the Board was going to consider a personnel matter and a tax matter. Mr. Chioffi made a motion to go into executive session at 9:13 P.M. for two purposes. The first to discuss a matter with the chief Lister on a legal determination regarding a tax appeal and the second is on a personnel matter. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hawley declared the Board out of executive session at 9:40 P.M. Mr. Dicton made a motion to accept a $610,000.00 settlement with the Godnicks for their estate property on US Route 7 North. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Faignant told Mr. Zingale to warn a meeting for 3-18-14 at 4:00 P.M. Mr. Faignant said the meeting would probably be an executive session to deal with personnel.

Mr. Faignant moved to close the meeting at 9:43 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.

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