TOWN OF RUTLAND

SELECT BOARD


MINUTES: August 13, 2013



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

The Meeting opened at 6:50 P.M.

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

Mr. Rhodes read the minutes of August 6, 2013. Mr. Hawley moved to approve the August 6, 2013 minutes. Mr. Chioffi made a second to the motion. The motion passed unanimously.

The Board reviewed the July 16, 2013 minutes. Mr. Hawley moved to approve the July 16, 2013 minutes. Mr. Chioffi made a second to the motion. The motion passed by a 3 to 0 vote. Messrs Faignant and Dicton abstained from the vote.

The Board reviewed the July 30, 2013 minutes.

Page 2- Mr. Chioffi said the word commission should be changed to commission.

Page 8- Mr. Chioffi said the minutes should read “negotiating from a position of strength”.

Page 9- Mr. Chioffi said the minutes should read “ properties in town no longer in farming”.

Page 9- Mr. Chioffi said the word “anywhere” is one word and the word “and” should be “an.”

Page 13- Mr. Chioffi said “al” should be added to the work profession to make it “professional”.


Mr. Faignant moved to approve the minutes with changes. Mr. Hawley made a second to the motion. The motion passed by a vote of 3 to 0. Messrs Dicton and Rhodes abstained from the vote.


Mr. Hawley read a letter to be sent to Mr. Mark Youngstrom thanking him for his community service in doing the Center Rutland water & sewer feasibility study for the Town.


Town State Representative Mr. Thomas Terenzini met with the Board and reported on his committee work pertaining to new shoreline protection bill. Mr. Terenzini invited Board members to attend the meeting , which will be in Castleton at the Edward Kehoe Conservation Camp on August 22, 2013 from 6:00 P.M. to 8:00 P.M. Mr. Terenzini told the Board that the democrats have pushed the shoreline bill. He cited the fact the democrats have the majority of the votes in the House of Representatives.


Mr. Terenzini said the regulation would apply to lakes and ponds in the state. Mr. Terenzini told the Board that he was the only member on the Fish, Wildlife and Water Resources Committee to vote against the bill when it was first proposed.


He said he voted against the bill because he felt it had far reaching powers. He said the legislature should not be able to tell people that own homes and camps on lakes and ponds in Vermont what they can do with their property.


Mr. Terenzini said if someone pays a lot of money for a home or a camp on a lake or pond and pays a lot in taxes and now you have the State of Vermont dictating how they can use their property. Mr. Terenzini said he would be speaking up against the proposed legislation at Committee hearing around the State.


Mr. Terenzini told Board members that he had spoken with Town Administrator Mr. Joseph Zingale Jr. several times during the session regarding proposed water bills. He said Mr. Zingale was able provide guidance as to how the bills would effect the Town.


Mr. Terenzini said he is concerned with; property taxes in Town, education bills and Act 60 and Act 68. Mr. Terenzini said he hope the legislature will be considering a new education funding formula in the next session.


Mr. Dicton questioned Mr. Terenzini regarding the prospect of changing Act 48. Mr. Terenzini said he did not have any information on the matter. Mr. Terenzini said more common sense people are needed in the legislature. He said there are a lot of; out-of-state people, trust fund babies and wealthy business people for out-of-state in the legislature. Mr. Terenzini told the Board he is not certain that he will seek re-election. Mr. Terenzini said he got beat-up every day during the session.


Mr. Chioffi requested Mr. Terenzini's assistance regarding the solar projects being proposed in Town. Mr. Terenzini said there is very little benefit from the alternative energies, which the Governor is pushing.


Mr. Terenzini said wind towers destroy ridge lines. Mr. Terenzini said he is also concerned with the little solar projects being proposed in the Town and City.


Mr. Howard Burgess, Chairman of Fire District # 1, met with the Board regarding whom is responsible for paying for a water line extension, which will connect the new Center Rutland Fire Station to the Fire District # 1 water system.


Mr. Hawley said Mr. Burgess is present because nobody really knows what is going on regarding the water line extension. Mr. Burgess cited the fact that Fire District # 1 received a permit from the State of Vermont to connect the Station to an 8” line, which would supply the station a fire hydrant. Mr. Burgess said the detailed drawing have not yet been produced. Mr. Burgess said he worked with Mr. Don Marsh and Ms. Traci Montimy on the application to the State of Vermont.


Mr. Burgess said both individuals agreed that the extension was for the Fire Station and that the Fire Station project would pay for the waterline extension. Mr. Chioffi inquired as to the date of the permit. Mr. Burgess said the permit was issued on July 16, 2013.


Mr. Rhodes said he is not sure if it was for Mr. Marsh and Ms Montimy to say the cost would be covered by the Fire Station project. Mr. Rhodes asked Mr. Burgess if the conversation with Mr. Marsh and Ms. Montimy was before May 6, 2013. Mr. Burgess said the conversation was after the project was out to bid. Mr. Burgess said the intent was to include the extension in the bid.


Mr. Rhodes read a memo from Black River Design Architects. Mr. Rhodes said it does not look like the extra 115 feet for $44,000.00 was included in the bid. Mr. Burgess said the extension was added when it was decided to bring an 8” water service to the Fire Department property. He said an 8” service is required in order to have a hydrant on the line.


Mr. Burgess said Mr. Marsh had requested the Fire District's water line layout when he was designing the project. Mr. Burgess said measurement and the list of materials was sent to Mr. Marsh. Mr. Faignant inquired as to who made the decision that the Fire Station project couldn't start at the hydrant on Simonds Ave.


Mr. Burgess said the Fire District was not involved in the project until the very last minute. Mr. Burgess said the Fire District was not invited to any of the many meeting that took place over the past year. Mr. Burgess said he made several inquiries as to when the Fire District would get involved.


Mr. Burgess said the contractor, after conducting a site visit, determined the hydrant on Simonds Ave would not work. He said the water line is close to a house foundation and that there is no easement for the line, where it is on private property.


Mr. Burgess said it was at this time that he got Mr. Mark Youngstrom involved. He said after reviewing the plans Mr. Youngstrom decided the line had to connect near Otter Creek and not from the hydrant on Simonds Ave. Mr. Burgess said the line extension was know when he first met with the Board.


Mr. Faignant questioned why the Fire Station would go all the way to the bridge when it can connect to the Fire District's line on Simonds Ave. Mr. Burgess said they could connect to the Fire District's 6” line on Simonds Ave provided there is not a new hydrant at the Fire Station. He said you can not put a hydrant on a 6” line.


Mr. Denardo said information was not shared in a timely fashion regarding the confusion regarding the water line extension. Mr. Denardo told the Board that Mr. Burgess had met with Mr. Marsh in January prior to the said the drafting of the plans. He said discussion during the Committee meetings was to extending the 6” line. He said it was believed there was an easement for the line. Mr. Denardo told the Board that Mr. Zingale had researched the matter and could not find an easement for the line.


Mr. Denardo said he now knows that the lot owner gave the permission to put the line on his property with no easement for the line. Mr. Denardo said had the Department been aware of the fact that there was no easement they would have made other plans.


Mr. Denardo told the Board the Department had not planned on having a new hydrant at the new station because hydrants are required to be connected to an 8 “ line. Mr. Denardo and the Board discussed the distance of the proposed 8” line extension. There is confusion as to the length of new line required and the associated cost.


Mr. Faignant asked Mr. Denardo if the Fire Department had always planned to pay for the 8 “ line extension from the bridge to the Fire Station. Mr. Denardo said that is correct. Mr. Chioffi inquired as to the time frame of Mr. Denardo understanding that the line had to be extended from the bridge. Mr. Denardo said it would have been around April 15, 2013.


Mr. Chioffi then inquired as to when an additional 115 feet of pipe length was added to go around the back of the building. Mr. Rhodes said the issue is who is going to pay for the additional 115 feet of length. Mr. Chioffi said who ever made the decision to add the 115 feet should pay for it. Mr. Dicton said the Town engineers should resolve the matter since they have been paid a considerable amount of money by the town to do the project. There was more discussion and no action was taken.


Mr. Burgess asked the Board if the Listers could ignore 23 small business personal property accounts and not bill the owners. He said the bills are for less than $5.00 in taxes. Mr. Burgess said that according to the law everyone with an account is to be taxed.


Mr. Dicton said everyone should receive a tax bill. Mr. Burgess said last year after receiving pressure from Ms. Hyjek and Town Delinquent Tax Collector Richard Lloyd, the Listers did not send out bills to the small accounts. Mr. Burgess told the Board that the Listers should not have done.


The Board discussed the matter and decided the Listers should bill every one. Mr. Hawley asked Mr. Burgess to produce a summary of the small accounts so the Board can consider for possible action next year.


Mr. Hathaway reviewed the Quarterline Road reconstruct options to the Board and those in attendance. He said widening the road to 18 feet would require a minimal amount of site work and would cost about $37,500.00. He said a 20 foot widening would cost a total of $55,500.00 . Mr. Hathaway said the improvements would be for a length of 700 feet. Mr. Hathaway told the Board that he had marked the trees, which would have to be cut down.


Mr. Hathaway said he would like to know which project the Board plans to construct so that he can cut trees and do rough construction and do the gravel portion this fall. He said the road would then be paved during the next construction cycle.


Mr. Rhodes inquired if the project would go out to bid. Mr. Hathaway said he planned on doing the work. He said the project could be put out to bid.


Mr. Frank Smead, who lives on the Quarterline Road, told the Board that the section of road in question should be paved since the area is no longer agriculture and homes have been built. He said previously a portion of the Quarterline Road was paved after some home were built.


Mr. Smead said he and his wife would like the road paved because; it is dusty in the summer, has a lot of potholes and looks unfinished. He said they feel the road should match the quality of other roads in residential areas. Mr. Smead said the upgrade of the road was never discussed when he purchased the property from Mr. Harold Billings.


Ms. Millie Roy said based on the property taxes they pay they should be considered the same as the rest of the Town. Ms. Mary Ashcroft inquired as to the extent of the proposed paving. Mr. Hathaway said the paving would be extended 700 feet from where the pavement ends to Mr. Jim Sneed's driveway.


Mr. Preston Billings, who lives on the Quarterline Road, said he does not care if the Town upgrades the roads provide he does not have to lose many trees on his side of the road. He said based on the trees marked by Mr. Hathaway, the majority of trees to be cut are on his side of the road. He said he would also like the Town to straighten out the road near his property.


Mr. Hathaway told the Board that he established the road center line based on the property pins he found. Ms. Roy said no more land can be taken on their side of the road based on the property pin location. Mr. Dicton said the Town needs to do some engineering to determine the road center line.


Mr. Rhodes said the Board has to figure out where to get the money to upgrade the road. Mr. Hathaway said the project could be put off for a budget year. He said this fall he could get an estimate for doing a survey and proceed from there. Mr. Rhodes cited the fact there is an additional mile of roadway, after the proposed upgrade.


Mr. Matteson said if land is developed off the un-improved section of road the Town Subdivision regulations would allow the Town to charge the developer for improvements made tot he road.


Mr. Rhodes agreed with Mr. Matteson's recommendation that the road be built to Town road specification. Mr. Matteson suggested the lot owners along the section of road to be improved should contribute to the upgrade expense.


Mr. Chioffi said he does not think the Town should be paying the full cost of the proposed upgrade. He said developers have a responsibility one way or the other to pay for the improvements.


Mr. Chioffi said many people in Town that live in similar developments have paid one way or another for the roadway to go in. He said a portion of his home lot cost was to cover the cost of extending the road. Mr. Smead cited the fact that Town taxpayers have paid to pave the Quarterline Road in the past. Mr. Matteson said 50 to 60 years ago the Town paid to pave new roads in developer's subdivisions.


Ms. Roy told the Board that the Town Fire Department has a hard time getting in her driveway. She told the Board the Town should upgrade the road so the Town Fire Department can get in her driveway. She said the width of the road makes it very difficult for the Town Fire Department to get in her driveway.


Mr. Jesse Billings inquired as to whether the road is a three rod or a four rod road. Mr. Billings cited the fact the Town could pave up to the Clarendon town line and the Town of Clarendon does not improve their section of the road.


The matter was discussed further and the Board took no action. Mr. Hathaway will do research to determine the width of the road R-O-W and report at the next meeting.


Mr. Denardo told the Board that the distance from the valve to the post is 498 feet. The Board scheduled a meeting to discuss the 8” water line for August 20, 2013 at 6:00 P.M.

    Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Reviewed the proposed Post Road sidewalk feasibility grant application with the Board.

  2. Cited the Personnel Policy questions he had submitted to the Board. The Board schedule a meeting for 8-27-13 for individuals to raise questions.


Fire Chief: Mr. Joe Denardo reported:


  1. Submitted information to the Board regarding the construction of a new Fire truck.

  2. Told the Board that the Department is working with the Rutland Regional Planning Commission to update the Town Emergency Response Plan.

  3. The Department is working with ISO regarding questions ISO has regarding the Town Fire department.

  4. Told the Board that the temporary Fire Station is working out well.

  5. Mr. Denardo suggested the Fire Department consider purchasing a used smart board from Green Mountain Power for use at the new station. He said the board could be used for training. Mr. Denardo said the purchase would be part of the station project if they can find some extra money. Mr. Denardo will submit smart board pricing to the Board.

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. No Report

Transportation Council & SWAC: Mr. Charles Shields reported:

Not present

Regional Planning Commission Mr. Fred Nicholson reported:

No report

Planning Commission: Mr. William Matteson reported:

No report


Captain Ted Washburn & Chief Ed Dumas reported:


  1. Mr. Dicton gave the police report

  2. Police report from 7-26 to 8-8.

  3. 17 calls for service in past two weeks

  4. 218 calls for the year

  5. Types of calls; wanted persons, suspicious persons, animal problems, citizen disputes, found property, motor vehicle complaint, thefts, trespassing, 911 hang-ups, citizen assists and emergencies

  6. Have close 15 cases and arrested three individuals

  7. 5 motor vehicle stops

  8. 1 Vermont civil violation

  9. 65 patrol hours and 15.7 administration hours

Recreation Director: Mr. Mike Rowe reported:


  1. The pool will closed on August 23, 2013

  2. Soccer registration deadline for grades K- 6 is August 19, 2013

  3. Cited the fact he had submitted an overview report of how things function at the pool.


Mr. Chioffi questioned why Town law enforcement closes the gate at Northwood Park in the evening and not someone with the Recreation Department. Mr. Rowe said if he were closing the park he might come across stuff he can not handle.


He said a decision was made in the past that the police would lock the gate at night. Mr. Rhodes said the gate is left open in the winter. Mr. Chioffi questioned if the Town is being charged for Town Police locking the gate. Mr. Hawley said it is generally done when the Police are on patrol.


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board of an upcoming public meeting regarding the capped hazardous waste landfill on the General Electric property on Windcrest Road. Mr. Zingale told the Board that testing has determined low level ground water contamination. He said the hearing is to consider the approval of a corrective action plan proposed by General Electric. He told the Board the Town has 45 days to file any comments.

  2. Reminded the Board of the Aldi's store grand opening on August 15, 2013 at 8:30 A.M.

  3. Informed the Board that the Vermont Agency of Natural Resources has entered an appearance in the Green Mountain Power Company's solar farm proposal for the old Rutland City landfill.

  4. Suggested the Town let Fire District #1 own the new water line to serve the new Town Fire Station due to testing and compliance responsibilities. He told the Board that the Fire District has an on-going testing program. He said the Town might be responsible for the line if the Town is to own the line. Mr. Faignant said the Town should try to get free sewer and water service forever in exchange for giving the Fire District the water line.

  5. Told the Board he needs to get to the bottom of the delay with the Post Road Pump Station electrical panel relocation.


Mr. Chioffi told Mr. Rowe that his letter regarding operating procedures was very professionally and comprehensively done. He said the report addressed the questions. Mr. Chioffi said Mr. Rowe's letter to Ms. Sherwood answered her questions and dealt with her complaint.


The Board discussed the Johnson Energy Company's request for the Board to relinquish the sewer line easement on the Johnson property. Mr. Chioffi said the Town should try to get some land or the right to use some of the Johnson land in exchange for relinquishing the easement. The Board discussed the matter further. Mr. Hawley made a motion to release the Johnson Energy Corp. from the easement the Town has for the sewer line in Center Rutland. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 1 to 1. Mr. Chioffi voted in the negative and Mr. Faignant abstained from the vote.


Mr. Faignant told the Board that he would like to do something regarding all of the going out of business signs that are showing up in Center Rutland and the East Pittsford Road. The Board instructed Mr. Zingale to look into the matter.


The Board reviewed packet correspondence.



Mr. Dicton moved to close the meeting at 9:36 P.M. Mr. Hawley made a second to the motion. The motion passed unanimously.














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