TOWN OF RUTLAND

SELECT BOARD

April 14, 2009

MINUTES:

Board members present: Joe Dicton, James Hall, Stanley Rhodes III, Joshua Terenzini and Richard Del Bianco.

The Meeting opened at 6:30 P.M. The Board signed orders for 32 minutes.

The Board and those in attendance recited the pledge of allegiance.

The Board reviewed the March 31, 2009 minutes. Mr. Del Bianco moved to approve the minutes as corrected. Mr. Hall made a second to the motion. The motion passed unanimously.

The Board met with Attorney John Licardi regarding the recent Amanda Place site visit conducted by the Board. Mr. Rhodes said the Board discussed drainage rights at the site visit. Mr. Rhodes said the Board wants the drainage rights to continue even if the lots are sold in order to indemnify the Town.

Mr. Rhodes cited the fact the site visit was attended by the Road Commissioner, The Fire Chief and the Town Police Chief. Mr. Hall said the Board also agreed on site to prune back the vegetation adjacent to the Amanda Place intersection.

Mr. Hall said Town Planning Commissioner Chairman, Mr. William Matteson, was also present at the site visit and that he (Mr. Matteson) said there might be a conflict with deed conditions if the Town takes over the road and he cited a concern with the grade of the road and Town road specifications.

Mr. Dicton asked Mr. Licardi if he is aware of a memo from Corsones & Corsones, dated July 7^th, 2003 in relation to the Munger subdivision. Mr. Licardi said he is aware of the condition but had not seen the memo.

Mr. Dicton said it is his understanding that the road is currently not up to Town Planning Commission regulations as it stands. Mr. Dicton cited the fact Spencer Engineering had not signed off on the road construction.

Mr. Licardi said he believes there are two road issues. He said one is the issue of the grade of the road at the top of the hill. Mr. Licardi said the road is 2 to 3 degrees more steep that is allowed under the Town’s regulations.

Mr. Licardi told the Board that Mr. Brownson Spencer had previously testified before the Board that even though the road is not up to the way he designed the road it is still well within national standards.

Mr. Licardi said Mr. Spencer also testified that the Town has accepted roads that do not meet the road specifications. Mr. Licardi said the lot owners are asking the Town to waive the 2 to 3 percent difference as long as it is safe. Mr. Licardi said the Town Road Commissioner had no issues with the road and that the Town Police Chief said there are no historical issues with respect to the intersection and visibility. Mr. Licardi said the Town should not be concerned with a safety issue.

Mr. Licardi said the landowners paid to have the road base tested to determine if the road meets town specifications. Mr. Licardi said the report determined the road to be perfect. He said a second issue is that of drainage.

Mr. Licardi said two culverts originally specified to be installed in the road were not installed. Mr. Licardi said the owners would sign a document holding the Town harmless from any drainage issues. Mr. Licardi said the Town attorney would participate in the drafting of the document.

Mr. Dicton cited the fact that the bore testing showed that there was sand down to nine feet. He said he is concerned because the boring was taken next to the road shoulder and that no gravel was found. Mr. Dicton said normally the road gravel would be extended two feet into the road shoulders. Mr. Dicton said the boring showed no base gravel.

Mr. Licardi said the issue of gravel had never been cited as a town concern. He said the Town was concerned that Mr. George Munger had buried stumps in the roadway. Mr. Licardi said the borings were to show if there were any stumps.

According to Mr. Licardi the road has been in place for many years and has not shrunk or stretched or gone anywhere. Mr. Licardi said we do not know if there is not any gravel under the road.

Town Road Commissioner, Mr. Byron Hathaway, and the Board cited several town roads with steep grades. Town Planning Commission Chairman, Mr. William Matteson said all of the roads with steep grades cited by the Board and Mr. Hathaway were accepted prior to subdivision regulations. Mr. Matteson said the Town probably adopted regulations because of some of the roads that had been taken over by the Town.

Mr. Rhodes said he would like to know when the road was paved.

Mr. Terenzini questioned Mr. Hathaway regarding the Amanda Place road grade and the national standard for road grades. Mr. Hathaway said grades of up to 16 % are acceptable in hilly terrain. However, he said for subdivision roads the standard is 10%.

Mr. Matteson questioned why the applicant has not shot the road grade so the Board will know the exact road grade. Mr. Dicton cited a water runoff concern due to the fact a culvert was not installed as per the design.

Mr. Licardi said because of the culver cited by Mr. Dicton and another culvert that was not installed as the reason the landowners will give the Town a hold harmless agreement.

Mr. Dicton said he is concerned with liability if the town takes over the road. He said the Town could be liable because the road does not meet Town specifications. Mr. Licardi suggested Mr. Dicton discuss his liability concern with the Town attorney.

Mr. Dicton cited the fact the road plans show a guardrail that has not been installed. He said he is concerned with a vehicle sliding off the road. Mr. Rhodes said he would rather slid off the road than hit a guardrail. Mr. Dicton said the road plans call for a guardrail.

Mr. Matteson told the Board that the Amanda Place subdivision might be in violation of their subdivision permit. Mr. Licardi asked Mr. Matteson if he has the permit that shows there is a violation and he questioned if the permit is within the statute of limitations.

Mr. Licardi said lot owners signed off on deed language that says it cannot be a town highway until the Town accepts it. Mr. Matteson added, until it is brought up to Town standards, is also in the deed language. Mr. Licardi read from the actual deed. Mr. Licardi said that the Town specifications are essentially what the Board says they are and he said the Board could allow a waiver. Mr. Matteson told Mr. Licardi he needs to get the waiver from the Planning Commission. Mr. Licardi disagreed.

Mr. Hathaway said prior to the Town accepting the Road he would like the upper missing culvert to be installed. Mr. Rhodes and Mr. Hathaway discussed how the water would drain from the culvert in question. Mr. Hathaway also questioned if the Board should take over a new road when it has not been properly funding highway department paving for a number of years.

Mr. Hathaway said over the past few years the Board has not supported his paving plan to repave half of all the mileage in Town over a six-year period. Mr. Hathaway said he would not be able to pave Amanda Place for at least ten years.

Mr. Rhodes took a straw poll of the Board as to whether Mr. Licardi should continue down the path of road acceptance. Mr. Dicton said he is not in favor of continued negotiations to take over Amanda Place.

Mr. Rhodes said a majority of the Board says continue down the road and get things ironed out with the Town attorney.

Mr. Matteson and the Board discussed the Amanda Place road matter and town paving standards further and took no action.

Town Recreation Commission Chairman, Mr. Rick Del Bianco reported:

• Started to give prices for a proposed generator and was informed that the generator purchase had already been approved by the Board.

• Discussed a letter from former summer maintenance worker Mr. Chad Wilson regarding his belief he was to return to work for the Town this summer. Mr. Rhodes asked Mr. Del Bianco if Mr. Wilson was left with a key and whether he was to do some painting for the town. Mr. Rhodes said he felt the position was advertised too early when the college students were still in school. Mr. Del Bianco said he had spoken with Mr. Wilson and that he told him that it is the Commission’s policy to always put an ad in the paper. Mr. Del Bianco said he never said to Mr. Wilson that the job was his.

Mr. Del Bianco said Mr. Wilson should have contacted him (Mr. Del Bianco) sooner regarding his interest in the job. Mr. Del Bianco said Mr. Jeff Cassarino is willing to split his time with Mr. Wilson if that is what the Board would like to do. Mr. Del Bianco said he does not think it is a good idea to split the time. He cited the fact the two individuals could work over 30 hours.

Mr. Terenzini asked Mr. Del Bianco if there would be a position for Mr. Wilson at the concession stand or as a lifeguard. Mr. Del Bianco said he does not know if Mr. Wilson is trained as a lifeguard. Mr. Del Bianco and the Board discussed the Wilson situation further and decided Mr. Del Bianco will offer Mr. Wilson some part-time work.

• Mr. Del Bianco reported the recreation Commission had held a workday and with the help of volunteers cleaned up the Babe Ruth ball field.

• Mr. Del Bianco he has discussed with Mr. Hathaway smoothing out and area for parking. Mr. Rhodes told Mr. Del Bianco he should check the Act 250 permit as to where parking is allowed.

Mr. Dicton told the Board that he saw quite a bit of oil spillage at the log landing area. The Board discussed the matter and instructed Mr. Hathaway to investigate the matter and report back to the Board.

• Mr. Del Bianco questioned the status of the repairs to the pool building. Town Administrator Joseph Zingale Jr., informed Mr. Del Bianco the work had begun the previous day.

• Mr. Del Bianco reported he had met with the Town School Board regarding the new softball league playing games at North Wood Park. Mr. Del Bianco said the School Board had the same concerns as the Board regarding liability. He said the School Board’s attorney would review the liability agreement before the School Board makes a decision. Mr. Rhodes requested a copy of the Liability agreement. Mr. Del Bianco told the Board the league would be called the Jeffrey Littler Softball League in Memory of Jeffrey Littler. Mr. Del Bianco said the Mighty Mite Field is name after Jeffrey Littler.

• Reported baseball is underway and that the pitching machine has been brought to the field. Mr. Rhodes asked where the generator would be kept when not in use. Mr. Del Bianco said the generator was bought to use wherever they use it. He said the Commission might propose that the Rutland Town PTO purchase a pitching machine and a generator for use at the school. Mr. Rhodes said the recreation should make the new equipment with a stamp the same way the Fire Department marks its equipment.

• Mr. Del Bianco informed the Board that the Commission has maintenance equipment it does not use and suggested the highway department look to see if they could use any of the equipment.

• Town Clerk & Treasurer, Ms. Marie Hyjek asked if all the Commission’s equipment had been reported to VLCT for Insurance purposes. The Board discussed the matter.

Town Representative to the Solid Waste Alternative Communities (SWAC), Mr. Charlie Shields reported:

• There was light participation at the recent Household Hazardous Waste Collection.

Town Representative to the Rutland Regional Planning Commission, Mr. Fred Nicholson reported:

• No meeting no report

Town Road Commissioner, Mr. Byron Hathaway reported:

• Reminded everyone that the first Saturday in May is Green Up Day. Mr. Hathaway said bags would be available at the Town office and at the Transfer Station. He said the green up bags can be disposed free of charge and must be delivered to the transfer station before noon on the day of the event.

• Reported the road crew has been working picking up along the side of town roads.

• Mr. Hathaway gave Board members copies of his activities report.

• Mr. Hathaway also gave the Board copies of his winter report, which summarizes salt & sand use by the Town’s, various winter contractors. Mr. Hathaway expressed concern with the amount of salt spread by Mr. John Quirk in designated low salt areas. The Board and Mr. Hathaway discussed the report at length and took no action.

Mr. Rhodes questioned Mr. Hathaway regarding prospective paving bidders. Mr. Hathaway said there are at least three bidders.

Mr. Del Bianco questioned Mr. Hathaway regarding a tree he and the Town Tree Warden recently inspected. Mr. Hathaway said the tree in question is not located in the Town Road R-O-W and that the Town would not be taking the tree down.

Town Planning Commission Chairman, Mr. William Matteson reported:

· Informed the Board that Mr. Robert Ide, of VTrans Rail Section, met with the Commission and discussed train crossing in the Town and the City of Rutland.

· Informed the Board the Commission should receive the final Town Plan draft at their Thursday meeting. Mr. Rhodes asked what the major changes are in the revised document. Mr. Matteson said there were mainly verbiage changes. Mr. Matteson informed the Board that a new economic development section has been added to the Town Plan.

· Told the Board the Commission recently conducted a site visit and has scheduled a new subdivision for review.

· Mr. Matteson and the Board discussed Amanda Place road matter briefly.

Mr. Terenzini questioned Mr. Matteson as to the status of the Tracy Hubbard subdivision. Mr. Matteson said a final is scheduled for Thursday night.

The Board and Mr. Matteson discussed Mr. Ides’ visit with the Planning Commission further.

Town Police Chief, Mr. John Sly reported:

No meeting No report.

Mr. Dicton questioned Mr. Sly regarding the ownership of various police Department equipment. Mr. Sly explained that the officer supplies some of the department’s equipment and the Town provides some equipment. Mr. Rhodes informed Mr. Dicton that the Town began to purchase some of the police officers equipment after the death of Mr. John Flory Jr. Mr. Rhodes said Mr. Flory provide his own equipment and never requested funding from the Town.

Mr. Rhodes said the money to purchase a taser would run out June 30^th. Mr. Sly said Mr. Rhodes had previously told him to hold off on purchasing the tasers.

Mr. Rhodes said if the tasers are not purchased before June 30^th then the money is no longer available. Mr. Sly said he would like to go ahead and purchase two tasers units.

Mr. Rhodes said the tasers would cost approximately $3,000.00 to purchase. The Board and Mr. Sly discussed various issues associated with the deployment and possible use of the teaser device. Mr. Sly said that Captain Faignant would be the only officer required to take a training course. He said both he and Mr. Dumas are certified.

Mr. Terenzini said he would prefer a Town police officer use a teaser rather than have to pull a firearm. He cited the fact there are a number of hotel rooms in town, which town police may be called to respond. Mr. Terenzini said he is in favor of purchasing the tasers.

Mr. Rhodes said he has similar concerns as Mr. Del Bianco regarding the use of tasers. Mr. Rhodes said he recently learned that a member of the Town police force would have used a tasers had it been available during a recent incident involving an intoxicated individual.

Mr. Dicton inquired if the price per unit includes 8 hours training. Mr. Sly said the training is included. Mr. Sly said over the past two years he had to un-holster his taser four times and had to discharge the taser twice while working for Rutland City.

Mr. Dicton said if the Town voters voted for the tasers then the Board should oblige their wishes. Mr. Del Bianco and Mr. Terenzini said they agree with Mr. Dicton. Mr. Zingale informed the Board that the Town attorney has serious concerns with the use of tasers.

Mr. Shields suggested that the Town purchase firearms and ammunition for all of the Town’s Police officers. Mr. Sly said in the best-case world he would like the Town to own everything. The Board discussed the matter and took no action.

Town Clerk & Treasurer, Ms. Marie Hyjek reported:

• She will be working with bank officials to improve online security for banking transactions.

• Informed the Board her office will be contacting people who have not registered their dogs. She said late registrations can only be charged 50% of the actual fee. Mr. Rhodes questioned if the Town should be reminding people to register. Ms. Hyjek said she has been doing so for the past five years. Ms. Hyjek said individuals appreciate the reminder.

• Informed the Board that tax payments are due May 10^th.

• Presented a liquor license for Board approval.

Town Administrator, Mr. Joseph Zingale Jr., reported:

· Presented a request from the owners of the Holiday Inn seeking permission to allow two tractor-trailer trucks to park overnight on the south end of Cop John Drive. The Board discussed the request and instructed Mr. Zingale to get further information before the Board makes a decision.

· Reported all 27 URS asbestos samples were negative.

· Informed the Board he has asked Town State Representative Jim McNeil to get information regarding how much money has been spent by the Routes 4 & 7 Upgrade committee on various improvements in the Town and City.

· Informed the Board that census 2010 workers will be in the Town and will be collecting addresses. Chief Sly requested a copy of the name of the Census workers. Mr. Zingale said he would try to get a list.

· Briefed the Board regarding a recent US Route 7 South Corridor committee meeting. Mr. Zingale said the group-reviewed visualizations of a build out prepared by the consultant. Mr. Zingale told the Board he requested the visualization be updated to show more realistically based on soil conditions, where new development might occur. Mr. Zingale said he is concerned with a committee recommendation to reduce and limit new curb cuts on

US 7 in the Town.

· Briefed the Board regarding the proposed City master Plan.

· Informed the Board he would be meeting with an official from Casella Waste System regarding recycling overcharges.

The Board considered a donation request from the Veterans of Foreign Wars. Mr. Del Bianco moved to donate $75.00 to the Veterans of Foreign Wars for a parade donation, which will include the Town’s name in the Rutland Herald as a donation. Mr. Terenzini made a second to the motion. The motion passed unanimously.

The Board considered a donation request from Mount Saint Joseph Academy’s Project Graduation. Mr. Rhodes did not participate in the discussion because his son is a senior at MSJ. Mr. Hall said if the Board contributes to MSJ then other High Schools will be requesting a donation.

Mr. Hall moved to disregard the request. The motion died for lack of a second. Ms. Hyjek said that last year the Board did not contribute because MSJ is a private school. Mr. Rhodes said he does not believe a donation was denied because MSJ is a private school. Mr. Matteson said the project is designed to keep kids off the roads and out of drinking parties.

Mr. Terenzini said he supports donating to the project. Mr. Del Bianco moved to donate $50.00 to the Mount Saint Joseph Project Graduation 2009. Mr. Terenzini made a second to the motion. The motion passed by a vote of 3 to 1. Mr. Hall voted in the negative and Mr. Rhodes abstained from the vote. Mr. Hall said he does not disagree with Project Graduation. He said it is a good program.

The Board reviewed the Rosen & Berger Junkyard permit application. Mr. Dicton moved to renew the permit for one year. Mr. Terenzini made a second to the motion. The motion passed unanimously.

The Board considered a request from Chris Merrill for a release from his Northwood Park Pine sale contract. The Board discussed concerns regarding the oil on the ground and Mr. hall moved to table the request to sign off on the logging operation. Mr. Dicton made a second to the motion. The motion passed unanimously.

The Board considered a Liquor license for QMH (Sunoco Station US RT 7 S). Mr. Hall moved to renew the license. Mr. Terenzini made a second to the motion. The motion passed unanimously.

The Board reviewed packet correspondence.

The Board and Mr. Zingale discussed a letter regarding plans to make all the lighting at the Town Municipal Building more energy efficient and ridership statistics for The Bus.

Mr. Zingale reported to the Board regarding a recent Rutland Chamber of Commerce Transportation Committee meeting which he attended. Mr. Zingale said Mr. Joe Giancola announced at the meeting that he plans to oppose the Rutland Rail Yard Relocation Plan.

Mr. Hall read a proposed Accountability policy. The Board discussed the proposed policy. Mr. Hathaway questioned if he will have to notify the Board if he goes out of town on a weekend. Mr. Hall said the policy would be for normal business hours. Mr. Hathaway cited the Fair labor Standards Act and said there could be a problem with the policy.

The Board will review the proposed policy at the next meeting.

Mr. Hall said that if the Board plans to make changes with how the Town handles Animal Control then Board should advertise for the position. Mr. Hall cited the fact the Board will need to interview applicants. The Board discussed the matter briefly and took no action.

Mr. Terenzini moved to close the meeting at 9:44 PM. Mr. Hall made a second to the motion. The motion passed unanimously.