TOWN OF RUTLAND

SELECT BOARD

MINUTES: March 25, 2013



Board members present: Steve Hawley, Joe Dicton and Don Chioffi

The Meeting opened at 6:35 P.M.

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

Mr. Chioffi move to approve the minutes as printed. Mr. Dicton made a second to the motion. The motion passed unanimously.

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Presented a first class liquor license request from the Ponderosa Restaurant. Mr. Diction moved to approve the request. Mr. Chioffi made a second to the motion. The motion passed unanimously.


Transportation Council & SWAC: Charles Shields reported:


  1. Not present

Regional Planning Commission Mr. Fred Nicholson reported:

  1. Things at the RRPC are going smoothly and the new Executive Director is starting to fit in.

  2. Told the Board that the RRPC has formed four committees to begin to address the Commission's Strategic Plan.

Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Submitted the Town Annual Highway Financial Plan to the Board for review. Mr. Hathaway explained that the Town is required by State law to submit an annual financial plan, showing how the Town will pay for highway improvements. Mr. Dicton moved to accept the annual fiscal plan and to adopt the Highway & Bridge standards for 2011. Mr. Chioffi made a second to the motion. The motion passed unanimously.

  2. Cited the “Complete street” report he had previously submitted for work done on Prospect Hill Road. Mr. Hathaway said any time he does work on a town road he must complete a form citing how all means of transportation had been address. Mr. Hawley read the report. Mr. Hathaway said the report is to be filed with the Town Clerk's office. Mr. Hathaway said the work on Prospect Hill Road involved widening to the width of the road and adding shoulders and side slopes where needed.

  3. Mr. Hathaway informed the Board that he had changed the Paving Bid process to a per ton bid verses a flat rate bid. Mr. Dicton inquired if there is a clause that would allow a contractor to use recycled asphalt. Mr. Chioffi said there is a provision in the contract to allow up to 20% to be recycled asphalt. Mr. Hawley said the following streets are to be repaved; Flory Heights, Belock Drive, Barrett Hill Road, Campbell Road, North Campbell Rd, Simmons Ave., Old Route 4 and the Post Road from the top of the Hill to US RT 4. Mr. Chioffi asked if the paving reflects the extra money put in the budget for paving. Mr. Hathaway said it does.

  4. Mr. Hathaway informed the Board that he plans to remove the bushes that are interfering with vehicles at the Barrette Hill Road / North Campbell Road intersection. Mr. Hathaway told the Board he had previously discussed the bush removal with the homeowner. Mr. Hathaway told the Board that the individual would like the help from the Town replacing the bushes to be removed.

    Mr. Hawley questioned Mr. Hathaway regarding the extent of the Town road R-O-W, in the area in question. Mr. Hathaway told the Board the road marker is near the chicken in the photo, which he had submitted. Board members could see the chicken in the photo but not the marker.

    Mr. Hawley and Mr. Dicton said they did not want to replace the bushes with anything that would create a blind curb. Mr. Chioffi asked if the Town has assisted others in replacing bushes required to be taken down. Mr. Hathaway said he has not done so since he has been Road Commissioner.

    Mr. Hathaway cited the fact the Peanut Gallery child care is next door to the home with the bushes and that there are little kids coming and going from the Peanut Gallery. Mr. Chioffi said based on the picture it's an accident waiting to happen.

  5. Cited the fact that the brine agreement with West Rutland is set to expire April 1st. Mr. Hathaway said he would like to continue the agreement. Mr. Chioffi asked Mr. Hathaway if he would like to increase the contract with West Rutland. Mr. Hathaway said he would like to increase the amount of brine that is used. Mr. Dicton asked if the contractors would be reimbursed if they purchase additional equipment for applying brine. Mr. Hathaway said he has not discussed any reimbursement.

    Mr. Dicton said according to the information it appears the Town is using 34% less salt when the salt is mixed with brine. Mr. Chioffi asked if Mr. Hathaway could use less salt. Mr. Hathaway said he thinks it will happen.

    Planning Commission: William Matteson reported:

    1. Informed the Board that he had been re-elected as Chairman of the Planning Commission and that Mr. Andy McKane was re-elected Vice Chairman.

    2. He told the Board that RRPC Executive Director Mr. Kristen Hughes had met with the Planning Commission at their last meeting. Mr. Matteson said he discussed the re adoption of the Town Plan with Mr. Hughes.

    3. Told the Board that the Commission approved a two lot subdivision at the last meeting.

    4. Mr. Matteson said the Commission would be meeting on May 2nd with Mr. Hughes, regarding conducting an enhance consultation s session with the Commissioners. Mr. Matteson encouraged Select Board members to attend the meeting.


Recreation Director: Mike Rowe reported:


  1. He had spoken with the company that is going to repair the diving board and the handicapped assessable pool access and everything is all set to go.

  2. Informed the Board that the elementary school students had made their choice for the playground equipment to be placed at Del Bianco Park at Dewey Field. Mr. Rowe said the Highway department would remove the old equipment.

  3. Told the Board that the $10,000.00 grant had been place in the recreation depreciation fund.

Mr. Matteson told the Board that the Energy Committee had received a check for $600.00 for previous work performed by the committee. Mr. Matteson said the money is to be used for energy efficiency.


Mr. Mark Youngstrom, PE, Mr. Mark Hughes, Executive Director of the RRPC and Mr. Jamie Stewart, Executive Director of REDC , met with the Board regarding the proposed Center Rutland sewer & water feasibility study.

Mr. Stewart brought everybody up to speed on the efforts of the REDC & RRPC to conduct a sewer & water feasibility study along Business Route 4 in Center Rutland and into West Rutland. Mr. Stewart said businesses along the road can not expand due to septic (waste water) limitations.

Mr. Stewart told Board members that he had spoken with a Business RT 4 owner recently and was informed the business may move due to the limited sewer capacity not allowing for more employees.

Mr. Stewart said going for CDBG funds would be a lot of work for a relatively small amount of money. Mr. Stewart told Board members that he had been working with Mr. Mark Youngstrom preparing the Grant information when Mr. Youngstrom offered to do the feasibility study at no charge to REDC. Mr. Stewart cited the fact that Mr. Youngstrom is a new REDC member and has data for West Rutland, Town of Rutland and Rutland City that would be useful in conducting the feasibility study.

Mr. Stewart said the Town of Rutland and West Rutland would receive a copy of the report when it is complete. Mr. Stewart described the offer as a wonderful opportunity. Mr. Youngstrom listed the projects he has designed or worked on in the Towns of West Rutland, Town of Rutland and Rutland City.

Mr. Youngstrom told the Board he knows all about the water and waste water systems in the three communities. He said he has all the information at his office and that it would be relatively easy to do study.

Mr. Youngstrom said the issues are; whats the most cost effective alternative, where should it be place, how much is it going to cost and where will the money come from to pay for the improvements.

Mr. Youngstrom said the Town needs to develop a good conceptual plan, size everything for fire protection and will probably build a small diameter pressure sewer line.

Mr. Youngstrom said typical funding sources for a project such as the installation of water & sewer lines would be from the State Revolving Loan Fund or Rural Development. He said a typical preliminary engineering study considers; what exists, what are the alternatives for improvement, whats the recommended cost effective alternative, detailed project cost estimate and payment options.

Mr. Stewart said Mr. Youngstrom is already working on the project and that it should be complete in a couple of months. Mr. Chioffi asked Mr. Youngstrom if the study would consider using the Center Rutland Pump Station as well as using the West Rutland Waste Water plant. Mr. Youngstrom said he would consider both directions for waste water service and providing water from the City through the Fire District.

Mr. Youngstrom said when he makes assumptions in his report, he will state they are assumptions. He said when he has definite data he would use the data. Mr. Stewart said capacity is the key and the study will look at what is available. Mr. Chioffi described the proposal as a win/win.

Mr. Dicton thanked Mr. Youngstrom for offering to do the study and he questioned Mr. Youngstrom regarding the presence of ledge. Mr. Youngstrom said he would get soil boring information from VTrans and CVPS and any other sources he can locate. Mr. Youngstrom said a worst case scenario would be that there is no data and he would have to spend about
$1,600.00 to develop a ledge profile.

Mr. Stewart cited the fact that both the Town of Rutland and West Rutland had planned to spend a total of about $3,000.00 to conduct a feasibility study. Mr. Hawley thanked Mr. Youngstrom saying the project would benefit the Center Rutland Gateway.

Mr. Dicton questioned whether Mr. Youngstrom would expand the scope of the study as was previously discussed. Mr. Youngstrom said he would study whatever the Board wants considered. Mr. Hughes asked if the longevity and capacity of the systems would be designed for 40 or 50 years. Mr. Youngstrom said he could come up with capacity figures if someone give him guidelines.


Mr. Hughes said the issue of capacity ties back into the Town Plan. He said Mr. Youngstrom will not have the answers to his questions until after the Town goes through it's planning process.


Mr. Youngstrom said he can make assumptions regarding commercial/industrial or retail unless the Town plans a huge major water user. Mr. Chioffi inquired as to how which areas in West Rutland may be served. He asked if Pleasant Heights for be served. Mr. Youngstrom said Pleasant Heights is already connected to West Rutland services.

Mr. Stewart said areas in West Rutland would look to connect to existing services rather than to the new line being proposed, unless the area were along the line. Mr. Youngstrom said what will be put in the ground won't be the limiting factor.

Mr. Stewart said he would return to the Board and make a report when the study is complete.

Police Chief: Ed Dumas reported:


Not Present


Fire Chief: Joseph Denardo reported:

  1. Informed the Board that the fire truck, which was recently in an accident, will be sent to Maine to have the tank repaired. He said the truck would be out of service until it is repaired.

  2. Informed the Board that he is working with the company which is proposing to put solar panels at the old Metro Mail building. He said the proposed plan would cut the department off from vehicle access to east side of the building. Mr. Denardo said he would have Mr. Zingale send a letter to the company expressing the department's concern for continued access.

  3. Mr. Denardo told the Board that the Fire Committee had done some cost cutting from the Center Station project. Mr. Denardo said the cost estimators feel the project has come in a little higher than pre bond. He said as a result the Committee will be looking to cut additional costs. The Chief said to date they have removed about $79,000.00 for the cost. He said the savings would come from changes to the roof, the office & meeting room and air conditioning. He said they might get it down to $100,000.00 savings.

  4. The Chief said the next Fire Committee meeting would be on 4-4-13 at 5:30 at the McKinley station. Said everything is still on schedule for going out April 15th.

  5. The Chief told the Board that he spoke with a State Inspector who said the new generator for the Center Station needs to be sized for the load. He said by reviewing electric bills for the past year the Department can find its highest draw/demand usage. He said the generator would be sized accordingly. The Chief and the Board discussed the matter further. Mr. Chioffi said the cost differential between the Town generators under consideration is only $8,000.00 to $15,00.00. The Chief and the Board discussed the matter further.


Mr. Chioffi questioned the Chief regarding salvageable items at the Center Station. Mr. Denardo said the Department would keep the table and chairs and that there are a couple of old desk that some individuals would like. He said the only thing that has any real value are the four doors and the air compressor and possibly the furnace.

Mr. Chioffi questioned how the Chief will dispose the four doors once he has established a value for the doors. Mr. Denardo said he did not want to put the doors out to bid. He said if some of the men want the doors he would put their names in a hat and draw a winner. The Chief said he and another individual are interested in purchasing a door each.

Mr. Chioffi said anyone in Town should have an opportunity to bid on the doors. He said the Town could put a notice in the paper advertising the doors and place all the names in a hat and draw out seven names. He said it would fair to the taxpayers to have an opportunity to bid. Mr. Dicton said only Townspeople should be allowed to bid. Mr. Chioffi agreed. Mr. Denardo will come up with a price for the doors. Mr. Dicton said the Board should get a legal opinion.

Mr. Chioffi moved to re-appoint Mr. Charlie Shields and Mr. Fred Nicholson to their positions. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hawley read the bid submitters for the repair of Town manhole #2:


Fabian Earth Moving $1,250.00

Giancola Construction $2,560.00 plus $370.00

The Belden Company $2,384.00

Markowski Excavating $2,700.00

Mr. Chioffi asked Mr. Zingale if he felt the bids were apples to apples. Mr. Zingale said yes there are. Mr. Chioffi cited the fact that if the Town adds the cost of a new cover to the Fabian bid, (Fabian) would still be the lowest with out destroying the validity of the bid.

Mr. Hathaway informed the Board that a special type brick needs to be used inside the manhole. He said normal bricks are affected by the sewer gases.

Mr. Chioffi moved to go with the low bidder and a price not to exceed $1,620.00. Mr. Dicton made a second to the motion. Mr. Dicton said the motion should be amended to state the contractor will supply coated bricks and supply a new cover for $300.00. The motion passed unanimously.


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board that the owners of Johnson Energy would like the Board to consider relinquishing the sewer line easement the Town has across the Johnson lot. Mr. Zingale told the Board that Fire District # 1 also has a sewer easement on the property.

  2. Informed Board members of the ribbon cutting at the new X Bar Restaurant at the Diamond Run mall on April 5th at 9:00 A.M.

  3. Discussed a letter from Attorney Jim Goss regarding the Ponderosa payment offer. Mr. Zingale said he sent the letter to the Town Attorney. Mr. Dicton said the Board gave the owners a $1,300.00 waiver last year and now they need to pay up. Mr. Zingale told the Board that Mr. Goss is proposing a a maintenance payment plan.

  4. Informed that Board that he had A1 Sewer & Drain Service do maintenance on the Town sewer line behind the Green Mountain Shopping Plaza. Mr. Zingale said the cleaning cost $400.00.

  5. Told the Board he is waiting to hear from the Town Storm water consultant regarding possible funding opportunities.

  6. Presented a $5,000.00 contract revision with Dubois & King to add survey work to our existing electric panel relocation agreement. The Board discussed the matter. Mr. Hawley said the amendment would raise the contract to $33,500.00. Mr. Dicton said the Board had budgeted $28,500.00.

    Mr. Hawley said the amount was not budgeted rather the Board accepted the low bid. Board members discussed whether they should put the survey work out to bid or have Dubois & King do the work under the contract.

    Mr. Dicton made a motion to go forward with the additional services for survey design and enhancement drawings and easement coordination for $5,000.00 from Dubois & King. Mr. Chioffi made a second to the motion. The motion passed unanimously.

  7. Presented the final US 7 Limited Access Master Plan to the Board. Mr. Zingale said the Transportation Board would review the final plan prior to scheduling a hearing on the Town's break in US RT 7 request.

  8. Requested an executive session to report on a real estate offer to the Board.


Mr. Chioffi cited a letter from VTrans regarding the Center Station access to Business Route 4. Mr. Hawley said the access request would be filed with the Rutland office.

Mr. Hathaway told the Board that he has been approached by an individual that wants the Town to consider taking over Carmel Place in the Wynnmere Development. Mr. Zingale cited the fact that there have been water run-off problem with the development.


Mr. Dicton questioned Mr. Hathaway regarding an accident near the Romeo property in Town. Mr. Dicton asked if Mr. Hathaway would be billing the individual that caused the guardrail damage. Mr. Hathaway said the police report was not yet available. Mr. Hathaway said repair work is scheduled for Wednesday.


The Board reviewed packet correspondence.


Mr. Chioffi cited the fact the Town's highway funding would be level funded because some amendments did not pass. Mr. Chioffi said there is a move a foot to take money away from the class 1 & 2 subsidies the Town receives. Mr. Hathaway said the Town does not have any class 1 roads and that the class 2 funding has been level funded for the past 5 years or so.


Mr. Hawley cited a “Thank You” note from Mr. Walt Tripp. Mr. Hathaway said Mr. Tripp had returned to work earlier in the day. Mr. Hathaway said Mr. Tripp was doing light work, such as errands.

Mr. Hawley said the Board will need to receive a notice as to Mr. Tripp returning to work. Mr. Hathaway and Ms. Hyjek said a letter is on file.


Mr. Hawley said the Board should hold off until there is a full Board to consider the Rutland Regional Ambulance appointment. Mr. Dicton said Mr. Chioffi has expressed an interest in filling the position. Mr. Chioffi said he has expressed his interest in the position to Mr. Rhodes. Mr. Chioffi said he had already spoken with the President and Vice President at the Rutland Regional Ambulance Service.


Mr. Chioffi said the Board should consider awarding a posthumous award to the family of the late Ms. Mary Keirstead for her 28 years of service for the Town. He said the award could be presented at a Board meeting. He said people who serve the Town by their representation on boards should be recognized. He offered to come up with an appropriate plaque that would be displayed someplace in the Town Hall. Mr. Hawley inquired if the plaque should be placed at the Town Hall or the RRAS building. Mr. Chioffi said she already has a plaque at the RRAS. Mr. Chioffi said Ms. Keirstead should be recognized for what she did for the Town. Mr. Chioffi said he feels similarly that other Town Boards and Commissions with long time serving members should be recognized for their service to the Town.

Mr. Chioffi showed the Board an award which his wife received from the United Way. He said the Board chairman could present the award that would then be placed in the Town Hall. Mr. Hawley said there should be a full Board discussion. Mr. Chioffi suggested a community wall of service. He said it is important for the people not to forget the people that contributed to the building of the Town.


Mr. Chioffi asked when Committee assignments would be made. Mr. Hawley said he was told they would be made at the next meeting.


Mr. Dicton moved to go into executive session to discuss a potential real estate bid in Center Rutland. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Chioffi moved to adjourn the meeting at 8:55 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.
























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