TOWN OF RUTLAND

SELECT BOARD

MINUTES: April 8, 2014

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

The Meeting opened at 6:44 P.M.

The Board reviewed the minutes of 3-25-14. Mr. Chioffi cited two spelling corrections and Mr. Hawley cited one correction. Ms. Ashcroft identified the Town resident that spoke at the Board's meeting as Ms. Sara Neller. Mr. Faignant said his name should be removed from the 3-25-14 minutes because he was not present.

Ms. Ashcroft moved to accept the minutes as corrected. Mr. Faignant made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Faignant abstained from the vote.

Mr. William Matteson volunteered to be the Town's SWAC representative until such time someone takes the position.

Clerk & Treasurer: Ms. Marie Hyjek :

1. Informed the Board that the new Delinquent Tax Collector does not have to run for re-election until March.

2. Told the Board the next elections are scheduled for August 26th and November 4^th.

3. Informed the Board there is a liquor license renewal request from the Copper Bottom.

4. Cited the quarterly budgets and revenue sheets, which were included in the Board's packet. Ms. Hyjek told the Board that the anticipated revenue is looking very good.

Mr. Dicton moved to accept the recommendation of the Town police Chief and sign the liquor license request from the Copper Bottom. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Hawley welcomed Mr. Sherman Hunter, the Town's new representative to the Rutland Regional Planning Commission. Mr. Hunter said he has lived in Town for the past 12 years and he cited the various community organizations in which he participates.

Town Road Commissioner: Mr. Byron Hathaway:

1. Presented the Board with a list of the businesses that have been invited to bid on the Town's summer paving work. He told Board members that he would open the bids prior to the Board receiving the bids and would mail the bids to the Board before their meeting. He said in previous years the bids were opened at the Board's meeting. Mr. Hathaway said the Town has budgeted $425,000.00 for paving. Mr. Faignant moved to approve the list. Mr. Chioffi made a second to the motion. The motion passed unanimously

2. Mr. Hathaway presented the Board with a Cold River Road curb cut request from groSolar. Mr. Hathaway said he normally would not bring the request to the Board. However, he said he did so because of the controversy with the proposed project. Mr. Hathaway said he did not find anything wrong with the application.
   
   Mr. Hawley said the Highway Committee could take a look at the request and make a recommendation. Mr. Hathaway said the sight distances is adequate.

   Mr. Hathaway said according to the letter from groSolar they will also continue to use an old farm access to the land. Mr. Hathaway said the new access would not require a culvert. Mr. Chioffi moved to approve the request. Ms. Ashcroft made a second to the motion.
   
   Mr. Hathaway said the new curb cut would be approximately 400 south of the Stratton Road intersection. Mr. Rod Viens, of groSolar, said his company plans to move the existing curb cut to the north and will keep the access to the south. Mr. Viens said the current curb cut (the one to be abandoned) presently access the barn.

   Mr. Dicton and Ms. Ashcroft said they want groSolar to put in writing the fact the Barn access will be abandoned. Mr. Chioffi said Mr. Hathaway could make Mr. Dicton's concern a permit condition. Mr. Faignant said the Board should not be giving a permit to a business that does not yet have a permit to operate.
   
   Mr. Zingale questioned if the Board would be issuing a permit to someone other than the landowner. Mr. Faignant moved to table the matter until the Board gets more information. Mr. Chioffi made a second to the motion. The motion passed unanimously.
   
   Mr. Zingale is to write to groSolar asking if they own the property and when they plan on receiving their Act 248 permit approval.

3. Mr. Hathaway said he would like to meet with the Highway Committee to go over a couple of items in his Capital Plan.

4. He informed the Board that he has hired Chris Bendig to sweep some Town streets with his equipment.

5. He informed the Board that a tree at Northwood Park had fallen on the park fence. Ms. Hyjek said the matter has been reported to VLCT. Mr. Hathaway will leave the tree until such time the town hears back from VLCT. Mr. Hawley said the tree should be removed after a week.

Fire Chief: Mr. Frank Cioffi reported:

1. Told the Board that he has not heard from anyone regarding the water damage to the new Fire Station. Mr. Cioffi told the Board that he is concerned with the possibility of mold if the damage is not repaired, soon.
   
   Mr. Chioffi asked Chief Cioffi if he included the planned building rental expenses in the insurance claim list. Chief Cioffi said the Town will get the building for the same rental price as it did recently. Mr. Chioffi said the item has to be added to the insurance claim. Mr. Faignant said he would assist with the insurance claim.
   
   Chief Cioffi said the State electrical inspector may be adding items to the list of what needs to be replaced.

2. The Chief told the Board that the Department has had a large number of mutual aid calls.

   Mr. Dicton made a motion to accept the change order from VMS to construct the chair rail on the inside of the meeting room for $2,034.00. Mr. Faignant made a second to the motion. The motion passed unanimously.

Mr. Chioffi asked Chief Cioffi if he has a policy regarding the use of the meeting room at the new station. Chief Cioffi said the department does not have a policy. The Board will get a copy of the Rutland Library's Public Space Use Policy.

Planning Commission Chairman: Andrew McKane:

1. Mr. William Matteson informed the Board that Vice Chairman Mr. Andrew McKane is the new Chairman of the Planning Commission and that Mr. Matteson is now the Vice Chairman.

2. He informed the Board that the Planning Commission will soon re-schedule a two lot final subdivision hearing.

Ms. Ashcroft suggested the Planning Commission hire the Rutland Regional Planning Commission (RRPC) to assist with the updating of the Town Plan. Ms. Ashcroft said there is $8,800.00 available in the Commission's budget.

Mr. Nicholson said the Town Plan lacks two new required elements. He said the Town needs to add a flood resiliency element and the other is implementation. He said the rest of the Plan needs to be updated to include the latest census data.

It was decided the Town will sign a $3,000.00 contract and work with RRPC Planner Mr. Ed Bove to update the Plan. Ms. Ashcroft said the more the Commission can involve the public the better. Ms. Ashcroft also cited a planned natural gas pipeline that may be submitting a proposal to come to in Rutland in the next two years and said we want to be ready.

Mr. Faignant made a motion to allocate $3,000.00 of the Planning Commission funds to get assistance from the Regional Commission. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Ms. Ashcroft said the Commission should also try in the fall to get a Planning Grant to work on zoning one more time. Mr. Chioffi made a motion for the Chairman to sign the contract with the RRPC. Mr. Faignant made a second to the motion. The motion passed unanimously.

Police Chief Ed Dumas reported:

-Calls for service within the two week period: 38

- Total calls year to date in 2014: 211

• Total calls year to date in 2013: 80

-Types of calls assigned

Loitering, Animal Problem, Directed Patrol, Motor Vehicle Complaint, Fire Alarm, 911 Hang up, Suspicious person / circumstances, Citizen Assist, Overdose, Fraud, Burglary, Welfare Check, Background check, Motor Vehicle Crash and Theft.

Closed Cases: 38

• Number of Arrests: 1

• What Types of Arrest:

Retail Theft

• Motor Vehicle Stops: 19

• Vermont Civil Violation Complaints (Tickets) Issued: 7

• Total Fine Amount : $1,047.00 dollars

• Total Fine Year to Date $7,200.00 dollars

• Total number of Patrol Hours: 120

1. Chief Dumas: 25

2. Captain Washburn: 59

3. Officer Gamble: 36

Total number of Admin hours: 25.5

1. Chief Dumas: 20.5

2. Captain Washburn: 5

3. Officer Gamble: 0

Special announcements:

The new Rutland Town Police Department fully marked cruiser is up and on the road.

Chief Dumas told the Board that he has begun the process of ordering two new cruisers from Foster Motors.

Recreation Director: Mr. Mike Rowe reported:

Not Present

Mr. Hawley asked Ms. Hyjek to send Mr. Rowe a fruit basket. Mr. Hawley said Mr. Rowe is recovering from back surgery.

Mr. Chioffi asked Mr. Dumas to submit a copy of the contract with Foster Motors to the Board as soon as possible.

Transportation Council Representative Mr. Martin Wasserman:

1. Informed the Board that he attended the slip lane site visit and TAC meeting which followed. He said the other topic of discussion at the TAC meeting had to do with planned paving project on Woodstock Avenue in the City of Rutland

Mr. Chioffi told Mr. Wasserman that he had made an inquiry on behalf of the 4&7 Committee based on the City's proposed Woodstock Avenue changes and visa vie what the Town wants to do at the south end of Town. He said Ms. Susan Schreibman will try to facilitate a meeting with the 4&7 Committee, which would include Town and City 4&7 committee members.

Mr. Chioffi said the Town would like to revisit the list of planned transportation projects. Mr. Chioffi said the list was compiled many years ago and that transportation needs have changed.

Ms. Ashcroft said it would be worthwhile to pull some old Act 250 permits, which were issued for the south end of town, to see if there are any permit conditions requiring the business to contribute to roadway improvements.

Board members, Mr. Wasserman and Mr. Nicholson discussed the planned city paving project further. Mr. Wasserman requested that he be informed of the planned 4&7 meeting.

Regional Planning Commission Mr. Sherman Hunter:

Town Administrator: Mr. Joseph Zingale reported:

1. Briefed the Board regarding the recent meeting before the Rutland TAC and the Vermont Transportation Board pertaining to the Town's request for a break in the limited access highway section of US RT 7 South. He informed the Board that as a result of the meeting the Transportation Board has requested additional traffic analysis by the Town.
   
   Mr. Zingale said the work would cost $19,918.00. Mr. Faignant moved to authorize doing the additional work at a cost of $19,918.00. Mr. Hawley questioned where the Board would get the money. Board members discussed the matter and instructed Mr. Zingale to call the business that have participated in funding in the past and request that they share in the $19,918.00 expense. According to Ms. Hyjek the Board has $3,600.00 available for traffic study.

2. Mr. Zingale cited a letter from Mr. John Ruggiero offering the Board $10,000.00 for the 29 acre parcel of land the Town owns located off US RT 7 North. Mr. Faignant said he is not sure Mr. Ruggiero is offering the Town $10,000.00, based on how he (Mr. Faignant) reads the letter. The Board took no action.

3. Informed the Board that the Town would be receiving a $2,914.00 rebate for using energy efficient lighting at the Joseph J. Denardo Fire Station.

4. Informed the Board that Mr. Hunter has agreed to be the alternate to the Transportation Council and that Mr. Wasserman has agreed to be the alternate to the RRPC. Ms. Ashcroft moved to designate Mr. Wasserman to be the alternate the the Rutland Regional Planning Commission and for Mr. Hunter to be the alternate to the Rutland Transportation Council. Mr. Faignant made a second to the motion. The motion passed unanimously.

Town School Board member Mr. Josh Terenzini met with the Board and discussed his thoughts on establishing liaison positions between the Select Board and the School Board. He said the goal is to open better communication and better collaboration between the boards. He said the common goal is the betterment of the Town.

Mr. Terenzini said every three months the Board liaison would attend the other Board's meeting and then report back to their own board. Mr. Terenzini said he thinks he is the School Board's liaison. Mr. Dicton said he would be the Board's liaison.

Ms. Ashcroft encouraged School & Select Board members to attend the upcoming final design hearing for the planned School walkway project. Ms. Ashcroft said the walkway would go from the Post Road to Chasanna Drive into smaller neighborhood streets then into Northwood Park.

She said at some point the Select Board will be asked for some money to connect the sidewalk in front of the school. She said such items could be discussed. Mr. Terenzini inquired as to motivation behind the walkway. Ms. Ashcroft said safety is the reason. Mr. Faignant said to let the kids walk from the school to the park for activities. Mr. Hawley said it could also be the evacuation route.

Mr. Terenzini asked if the Board had received any requests for the construction of a turning lane at the school. Mr. Terenzini said several parents think the drop off area is dangerous. He said the two Boards could discuss the matter when they meet. Mr. Terenzini and the Board discussed school bus usage.

Mr. Hawley read the various Select Board Committee assignments. Mr. Dicton questioned if the Board would set up a committee to assist the Town Clerk in revising the Town Report. Ms. Hyjek said she would like to begin work on revising the Town report after July 1^st.

Mr. Zingale explained which items on the VLCT “to do” list have been addressed. Mr. Faignant will contact Mr. Larry Young regarding extending the roof over the back stairs into the parking lot.

Mr. Zingale will contact the roofer who has submitted price quotes to the Board for replacing the roof.

The Board reviewed packet correspondence.

The Board discussed a letter from attorney Kevin Brown regarding when the sewer agreement with the City of Rutland expires. Mr. Faignant said the matter should be discussed in executive session.

The Board discussed correspondence regarding the various charges the City of Rutland has placed on Town sewer users. Ms. Hyjek said the City is now charging a water fee to town sewer users, who are not connected to Rutland City water.

Mr. Dicton made a motion for the Town attorney to write a letter to the City of Rutland telling the City they have no right to do what they are doing. Mr. Faignant made a second to the motion. The motion passed unanimously.

Mr. Hawley cited a thank you letter to the Board from former Town employee Ms. Donna Godette.

Mr. Hawley read a letter from attorney Kevin Brown regarding the Town receiving intervener status in the groSolar Act 248 permit application.

The Board discussed setting a dedication date for the Joseph J Denardo Fire Station. Mr. Dicton said Mr. Jim Hall and Stan Rhodes should be invited.

Mr. Dicton suggested the Board consider recognizing Mr. Richard Lloyd's 40 year service as Town Delinquent Tax collector. Mr. Zingale will work on getting something to the Board.

Ms. Ashcroft said the Board should consider applying for a grant to do building repairs

Mr. Faignant moved to close the meeting at 8:50 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.