TOWN OF RUTLAND


SELECT BOARD

MINUTES: September 11, 2012


Board members present: Stanley Rhodes, Steve Hawley, Jim Hall, Joe Dicton and John Paul Faignant

The Meeting opened at 6:50 P.M.

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

The Board reviewed the minutes of August 27, 2012. Mr. Hawley moved to approve the minutes as corrected. Mr. Faignant made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Dicton abstained from the vote.

Mr. Faignant read an announcement regarding a train show to be sponsored by the Rutland Railway Association and held at the Franklin Conference Center on Saturday September 22, 2012. The event will run from 10:00 A.M. to 4:00 P.M. He said the proceeds from the event will go to benefit the Center Rutland Train Station repairs.

Mr. Rick Burroughs and Tracy Montminy, from Black River Design Architects, met with the Board and explained the cost associated with the planned renovations to the Center Rutland Fire Station. Mr. Burroughs told the Board that his company has been meeting with Town officials since May regarding the proposed renovations.

Mr. Burroughs told Board members that the study group brought in engineers to report on the condition of the Center Rutland Station. Mr. Burroughs said the committee also had to define what the department's “current needs are”. Mr. Burroughs said the committee explored a bunch of different options and choices.

Mr. Burroughs referred to the Center Rutland Fire Station (CRFS) lot on the projection screen and said the shape of the lot is a key feature. Mr. Burroughs said improvements to the water service to the building would be improved. Mr. Burroughs said presently the center Rutland Station does not have a sprinkler system nor access to large amounts of water.

Mr. Burroughs said the CRFS has a number of systems that are in need of a capital investment. The roof along with the mechanical and electrical systems are at the end of their expected life and need to be replaced. He said structurally the building is fine.

Mr. Burroughs said the real challenge is to have the space in the building to house the apparatus (vehicles) which have gotten bigger over the years.

Mr. Burroughs said a big challenge is to make the apparatus bay bigger to house the apparatus. Mr. Burroughs said the next step the committee took was to understand, define and codify the department's needs. Mr. Burroughs said the space needs will tell them how big a building must be designed.

Ms. Montminy cited the fact the Fire department is presently using the hose tower to store equipment. Ms. Montminy said the committee started out by developing a a list of Department needs. She said the floor plans were drawn based on the department's needs. She said initially the square footage was just over 8,000 sq. ft. and was reduced down to 5,875 sq. ft.

Mr. Burroughs said the next step was to look at a number of options. He said at one point the committee was considering a two story building but decided to go with a one story building by incorporating part or the existing building. Ms. Montminy referred to the projection screen and explained the different components of the proposed one story building. Mr. Burroughs said the training room is critical to the operation of the Department.

Ms. Montminy referred to the projection screen and explained the functions of the various rooms within the station building. Mr. Burroughs put up an artist rendering of how the proposed renovated CRFS would look. Mr. Burroughs cited the fact that the roof overhang would allow someone to walk from the meeting area to the apparatus bay (outside) without having to shovel snow in the winter.

Town Fire Chief Joe Denardo presented financial information regarding the proposed station renovations. Mr. Denardo said all amounts to be discussed are based on the current Grand List and the current Bond Bank rates.

Mr. Denardo said if the bond passes in November then the Town would sign the bond in July 2012. he said there would be two payments per year. Mr. Denardo said the November payment is on principal and interest and a second interest payment in May.

Mr. Denardo said there would be two payment out of each fiscal budget. Mr. Denardo said in the first year the Town would pay $47,000.00 in interest. He said half would be due in November and the remainder in May.

Mr. Denardo said the tax impact for the first payment would be $5.44 cents per $100,000.00 of assessed value. He said in the year 2015 the rate is at its highest and the Town would pay the most amount of interest and would pay $100,000.00 back on the principal.

Mr. Denardo said in 2015 it would cost a homeowner $17.86 based on $100,000.00 of assessed value. Mr. Denardo said in 2023 the rate per $100,000.00 in value is down to $15.96.

Mr. Denardo said the Town would pay the least amount of interest in the first year on the most amount of money and by year 20 the Town would pay the greatest amount of interest on the least amount of money owed.

Mr. Denardo said the last payment would be in 2034 and that the rate would be $11.63 per $100,000.00 of value. He said the interest payment in the last year would be $1,912.00 .

Mr. Denardo said the Town would bond for $2 million dollars for 20 years. He said there would be $708,000.08 in interest. He said the total pay back amount would be $2,700.008.00 .

Mr. Denardo said over the life of the loan the average cost per $100,000.00 of assessed value would be $14.72. Mr. Burroughs said his company used a contractor to estimate the building cost.

Mr. Burroughs said the contractor came up with values based on schematic drawings. He said fees and permit charges have also been considered in the estimated building cost. Mr. Burroughs said his company has included a contingency amount of 10% in the estimated building cost. He said the contingency is to take care of risks.

Mr. Rhodes asked Town Administrator, Mr. Joseph Zingale Jr., if he thought the State would allow another access to Business Route 4 from the CRFS. Mr. Zingale said presently the property has open access to Business Route 4. He said if the project were a commercial development the State would allow one or two defined curb cuts and would close the rest of the property off from access to Business Route 4.

Mr. Burroughs said the State will try to work with the Town to make the proposed access as safe as it can be. He said the State would work with the Town because the project is for emergency vehicle response.

Chief Denardo and the Board discussed whether the proposed ballot would include the amount to be borrowed and the interest payments or just the amount to be borrowed. It was decided to get an opinion on the matter from Town Attorney, Mr. Kevin Brown.

Mr. Rhodes asked how high the gable is on the proposed CRFS. Ms. Montminy said it is just under 30 feet in height. Mr. Rhodes said the building architecture reflects what Vermont is all about. He said it would be a nice piece of the proposed redevelopment of the center Rutland corridor.

Mr. Denardo said State law requires at least one public hearing at least 10 days prior to the vote. He said the hearing could be scheduled for Thursday November 1st. He said the first informational meeting would be on October 15 at the Town school.

Mr. Denardo said by code the new building must have a water sprinkler system as well as an exhaust system. Mr. Denardo cited specific construction details.

Mr. Rhodes told Mr. Burroughs that his company did a real nice job on the proposed building. He thanked the voters for approving the $9,000.00 budget to do the building design work. He also thanked the Board's Fire Committee and members of the Fire Department.

Mr. Faignant said it was important that Mr. Burroughs exhausted the potential for using what is already there. He said it is important to him (Mr. Faignant) that you exhausted that before coming up with a building design.

Mr. Faignant said the building is old and has safety concerns. He said the proposed building is attractive and puts a great start on that end of Town. He said by cleaning up other properties the Board could attract some industry and maybe create some jobs.

Mr. Faignant cited the fact that during Irene Center Rutland was isolated for up to 12 hours. He said you could not get into or out of Center Rutland. He said the new building could very well serve as a shelter in the future.

Mr. Faignant said he is excited with the proposal and that he is going to support the new building proposal. Mr. Faignant said over the past 45 years the Town has not spent a dime on the building. Mr. Faignant cited the fact he and Messrs. Hall, Rhodes and Hawley all support the proposal. He said it is important the Town know that the Board supports the project.

Mr. Faignant said the longer the Town waits to replace the building the more it will cost to do so. He said it (Fire/Rescue) is a service the Town has to provide.

Mr. Dicton asked Town Treasurer Marie Hyjek her thoughts regarding recent tax appeal settlements effecting the Bond price. Ms. Hyjek said she does not know how changes to the Grand List would effect the Bond. Mr. Dicton said the voters have to keep in mind that there is a potential change with the tax rate. Mr. Dicton said the architects put a wonderful presentation together.

Mr. Denardo questioned if the interest is required to be included in the ballot item request. Mr. Rhodes said he thought the $2,708,008.00 amount would appear on the ballot. Mr. Faignant said the $2,708,008.00 is the total cost of the project and that is what the Board needs to be approved.

Mr. Rhodes said the Board will get an opinion from Attorney Kevin Brown as to what is required to be on the ballot. Ms. Hyjek said she would get an opinion from Mr. Paul Giuliani.

Mr. Hall questioned Mr. Burroughs regarding the anticipated building life of the proposed building. Mr. Hall said he thought the building is being designed for close to 50 years. Mr. Burroughs said it is a tough to say how long a building will last. He said given the types of building materials to be used about 50 years is a reasonable expectation.

Town Clerk & Treasurer: Ms. Marie Hyjek reported:


No meeting no report


Transportation Council & SWAC: Charles Shields reported:


No Meeting no report.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Informed the Board that the application period for the RRPC Executive Director position is closed. Mr. Nicholson said a total of 66 applications were submitted. He told the Board that he had reduced the list to 13 and that in a week it would be reduced to 8 applicants. He said the 8 applicants would be interviewed.

  2. Told the Board that as Tree Warden he inspected three trees located within the Ruth Avenue R-O-W. He said he made the inspection regarding a request from the local water system that plans to replace a water line in the road R-O-W. He said two of the three trees are rotten and are a hazard and should come down. He said the third tree is healthy but that the laying of the line would damage the root system. He said the third tree would also be taken down and that the water system plans to plant new trees outside of the road R-O-W. Mr. Nicholson told the Board he told an individual on the Ruth Avenue she could take down three trees in the road R-O-W provided she pay to remove the trees.

Mr. Sean Sargeant of Sargeant Appraisal Service met with the Board regarding an appraisal he did for the Board. Mr. Sargeant informed the Board that under Vermont law they could go into executive session to discuss his appraisal. The Board decided to discuss the appraisal in open session.

Mr. Sargeant said he was hired to appraise a 29 acre parcel of land that was formerly part of the so-called “Fenton” parcel. He said the land was part of the Fenton estate that fronted on US RT 7 in the City of Rutland, with a 13 unit apartment complex.

Mr. Sargeant said the portion of land in the City of Rutland was purchased by Tennybrook LLC, prior to the Town receiving (at Tax Sale) the portion in the Town of Rutland.

Mr. Sargeant said the largest issue in appraising land is its utility. He said the utility of the land will set the market rate for what someone would pay for the land. Mr. Sargeant said the Town's 29 acres is encumbered with no titled right -of-way. He said it is a land locked parcel.



Mr. Sargeant said an abutter might buy the land because they can get to it through their existing land. Mr. Sargeant said in the State of Vermont there really is no such thing as land locked land.

He said with suitable litigation for about $5,000.00 you can get access to anything. Mr. Sargeant said in addition to being land locked the Tenneybrook runs through the parcel. He said about half of the parcel is in the FEMA Flood Hazard Area and that three quarters of the parcel is a wetland as well as having hydric soils.

Mr. Sargeant said there is about 5 acres of land out of the 29 acres of land is useable. However, he said the use of the land is decades away. He cited a nearby residential subdivision that is only 25% complete. He said this land would develop before the 5 acres in the Town.

Mr. Sargeant said over the last seven years there have only been six sales involving land locked parcels. Mr. Sargeant explained how he adjusts values between land locked land sales and sales of recreational and timber land.

Mr. Sargeant said the highest and best use for the Town's parcel is for deer hinting or for keeping a camp or for taking a few pine trees. Mr. Sargeant said he used four comparable sales that all have limited utility. He said the sales came from the towns of Chittenden, Danby and Poultney. He said all sales had limited utility like the Town parcel. He said people are willing to pay for land with this utility based on the number of acres.

Mr. Sargeant said the land is worth $25,000.00 Mr. Rhodes asked Mr. Zingale the Town assessment of the property. Mr. Zingale said the property was listed at $230,000.00

Mr. Sargeant said the Town could increase the parcel's value by going through the process to get legal deeded access to the property. Mr. Sargeant said the Court would seek the “Best Fix” to re-establish a deeded access to the property, which is from access in the City of Rutland.

Mr. Dicton asked Mr. Sargeant if the land is suitable for a solar project. Mr. Sargeant said the cost of running the power cables to the property would determine whether the site is suitable as a solar site.


Town Road Commissioner: Mr. Byron Hathaway reported:


  1. Presented a proposed agreement with Stantec for culvert replacement engineering services for Board signature. Mr. Rhodes cited the fact the Board had previously approved entering into the agreement with Stantec and would now sign the agreement.

  2. Mr. Hathaway presented a spreadsheet cost analysis pertaining to the cost of operating a winter snowplow truck. Mr. Hathaway said drivers are currently being paid $58.00 per hour for winter maintenance work.

    Mr. Hathaway said most of the contractors are working 300 to 325 hours. He said the current rate gives the drivers a return of about $5.10 for their labor.

    Mr. Hathaway said he considered the following factors in determining hourly pay rate; four hours of fuel use per hour, $28,000.00 for vehicle purchase cost, gave the vehicle 10 years use, using depreciation, and $3,000.00 per year for insurance and registration fees.

    The Board and Mr. Hathaway discussed his spreadsheet calculations. Mr. Faignant moved to approve the
    $65.00 an hour rate for the winter contractors. Mr. Dicton made a second to the motion. The motion passed unanimously. The new rate is to apply the first time Mr. Hathaway call out the drivers according to Mr. Rhodes.

  3. Mr. Hathaway informed the Board that he drew up an agreement with the Town of Clarendon for the purchase of a tractor and mower. Mr. Rhodes said he thought the Board was going to put the item out to bid. Mr. Hawley said it is good to have the information. Mr. Hathaway said VLCT had reviewed the proposed agreement and had recommended something regarding insurance coverage.

    Mr. Rhodes asked Mr. Hathaway if Clarendon has the money to purchase the equipment at the present time. Mr. Rhodes said the Town does not have any money ( at the present time) for the purchase. Mr. Hathaway cited the fact there is
    $172,000.00 in surplus carry forward money from previous budgets. He said he needs $50,000.00 for the current paving program.

    Mr. Hathaway said he needs
    $100,000.00 for next years paving. He said that would leave $22,000.00 to use for the purchase. Mr. Hathaway said the equipment would cost $33,000.00. Mr. Rhodes said the Town's share would be $16,500.00. Mr. Hathaway said the money is not 100% dedicated to re-treatment. Mr. Rhodes said for the sake of discussion the Board has always rolled the money over for re-treatment. The matter was discussed further. Mr. Hall said the Board could add money to re-treatment when it makes up the new budget. Mr. Dicton said in two years the machine would be paid off. He said there is added value when the Town can go out at any point, working with our neighbor to the south, and possibly hit our side roads to to three times per year. Mr. Hawley asked if the equipment would housed in Clarendon. Mr. Hathaway said that the Town of Clarendon does not have any space. Mr. Hathaway suggested it be kept at the transfer station in a bay. Mr. Faignant moved to authorize the expenditure of $16,500.00 to share the machine with Clarendon. Mr. Hall made a second to the motion. The motion passed unanimously.



Fire Chief: Joseph Denardo reported:


Mr. Denardo asked if everyone is good with the October 15th meeting regarding the CRFS ballot item. The Chief and Mr. Rhodes discussed how and who would run the meeting. Mr. Rhodes said it is up to Mr. Denardo to decided on the matters. Mr. Denardo said on September 29, 2012 the department will hold an open house from 10:00 AM to 2:00 PM at the CRFS. Mr. Denardo said department would hand out fact sheets.


Mr. Faignant questioned Mr. Hathaway regarding a statement in the agreement regarding maintenance. The matter was discussed and the Board decided to cross out confusing language regarding the sharing of maintenance expenses. Mr. Faignant said he would make the information from VLCT “Attachment A”.


Mr. Denardo and the Board discussed whether the CRFS Bond vote would include the interest on the ballot item. The Board will get an opinion from Attorney Kevin Brown.


Police Chief: Ed Dumas reported:


  1. Informed the Board that there have been over 300 incidents in the Town this year and that Captain Ted Washburn is working out well.

  2. Told the Board he is going to school to learn the CAD system and the other things Chief Sly used to do with computers. Mr. Dumas said former Chief Sly has helped him out a great deal.

  3. Informed the Board that there have been a number of retail thefts and vehicle break-ins in town.

  4. Mr. Dumas said he has also been busy with dog complaints.


Mr. Rhodes cited the fact that Mr. Dumas' case load is in addition to the work being done in Town by the Sheriff's office.


Recreation Director: Mike Rowe reported:


  1. Soccer is underway.

  2. Mr. Rowe questioned if the Board would like him to apply for a State grant up to $25,000.00 to replace the playground equipment at Dewey Field. He said the grant is a 1 to 1 match. The Board discussed the request. Mr. Rhodes said the Board would place the local match amount on a ballot for voter consideration. Mr. Rowe will apply for the grant. Mr. Hall suggested the Board try to work the cost into the next recreation budget. Mr. Rowe said he will apply for $10,000.00 and hope to get $5,000.00 .

Planning Commission: William Matteson:


Not Present


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board that the RRPC has placed the proposed service road study on hold until their new budget in October.

  2. Suggested the Board invite the owners of the Ponderosa Restaurant to the next meeting to discuss their discharge of grease and oil to the public sewer. Mr. Zingale explained that any surcharge monies collected would be turned over to the City of Rutland, since the City operates the waste water treatment plant. He said the Town is entitled to collect the testing fee from the owners of the restaurant. Mr. Faignant said it is unacceptable that all the sewer rate payers are paying for the blockages caused by the Ponderosa Restaurant. Mr. Faignant moved to send out the bill when Mr. Zingale has all the information to accurately send them a bill with all of the associated costs. Mr. Dicton made a second to the motion. The motion passed unanimously

  3. Informed the Board that State Storm water officials are recommending the Board consider constructing a rain garden at the Town School in anticipation of the Town being named an MS4 municipality, which would require such projects be implemented. Mr. Rhodes said even though the project would be at the School it would be a municipal project under the Select Board. Mr. Rhodes will notify Town School Board Chairman, Ms. Lynette Gallipo, of the planned project. Mr. Zingale also showed the Board a location off Quality Lane where State officials have identified another area where the Town should consider building a rain garden.

  4. Reviewed the Town's proposed Highway Access Management Plan. Mr. Zingale cited the fact Mr. John Kalish has requested that the Town begin preliminary discussions with the State regarding his request for an egress on to US RT 7 South from his proposed development.

    Mr. Zingale questioned how the Town could begin discussions with the State on behalf of Mr. Kalish, when the Kalish proposed egress has not yet been reviewed by the Town under the proposed Access Management Plan. Mr. Zingale explained that the Town Police Department has expressed traffic safety concerns with allowing an egress to US RT 7 at the proposed location.

    Mr. Faignant questioned Mr. Zingale regarding the Town's proposed curb-cut request. Mr. Zingale said the Transportation Board required the Town to produce the Highway Access Management Plan before they would schedule a hearing on the Town's request. Mr. Rhodes cited the fact that several businesses as well as the Town contributed toward the cost of producing the Highway Access Management Plan.

    Mr. Faignant said he does not want to consider the Kalish curb cut request until the Town has been granted its curb-cut request. Mr. Hall said a major business in town needs the Town curb-cut request to be approved. Mr. Hall said the Board should not upset the apple cart. Mr. Nicholson cited the fact the town business that needs the curb-cut was the first to build and that all of the other businesses were built later.

  5. Cited the Helio Sage review letter from Town Attorney Kevin Brown. Mr. Rhodes said the Board is no where near ready to do a contract. Mr. Faignant said attorney Brown cited many of his ( Mr. Faiganat's) concerns in his letter. The Board will discuss the letter at a future meeting.

  6. Informed the Board he had met with Mr. Peter Doty from Dubois & King regarding the Town's Pump station electrical panel relocation project. Mr. Zingale said Dubois & King had filed a wetlands application on behalf of the Town and that is he working with the engineers to develop a Flood Hazard application for submittable; to the Town of Rutland. Mr. Zingale told the Board that the State of Vermont would not review the application because it was deemed to be insignificant.

    Mr. Zingale said he would present the application to the Town's Flood Hazard Zoing Board of Adjustment (FHZBA). He said previously the Board appointed Mr. Blair Enman, Mr. Byron Hathaway and Mr. Jim Hall to be the FHZBA.

  7. Mr. Zingale used the projection screen and showed the Board the boundaries of the areas in Center Rutland that presently received sewer and water service and the area that do not receive services. Mr. Zingale said the Town had received email confirmation that the planning grant has been approved. He said due to missing wording in the public hearing notice the Board would be required to hold another public hearing to receive public comment. Mr. Zingale said other required information might require him to go door-to-door collecting information.

  8. Reviewed two price quotes from Computer-EZ regarding implementing a server based municipal data keeping system at Town Hall. Mr. Zingale explained differences between the two price quotes.


Board members discussed price quotes from Waste Quip for roll-off container boxes. Mr. Faignant cited one box specifications as being the type the Town should have. He said the box priced at $6,178.00 would be a heavier box. He said it has a quarter inch floor with a 12” center line and is 10 gauge. Mr. Faignant cited the fact the cheapest box is $1,400.00 less however he said the extra life the Board would get out of the better built box, was worth the money.

Mr. Hawley said in his opinion the compactor box needs to be replaced before the Board purchases new open top containers. Mr. Hawley said the staff is having difficultly getting the box to compact the trash. Mr. Rhodes and Mr. Hawley will report back to the Board.


Mr. Hall said the Fire Committee minutes would be retyped and the interest for the loan would be included.


The Board reviewed packet correspondence.


Mr. Rhodes cited the fact that the Board previously expressed an interest in polling the Town to see if Town money should be used to clean up Flory's Plaza and whether a lien should be place on the property. Mr. Faignant read a proposed ballot item requesting voter approval to raise an amount not to exceed $250,000.00 for the clean up of the Flory Plaza with the understanding a lien in favor of the Town will be placed

on the property so that the Town can get paid back. Mr. Rhodes said it would be a non-binding question.

Mr. Faignant moved to place the item on the November ballot. Mr. Hall made a second to the motion. Mr. Dicton asked if it would be an emanate domain takeover. Mr. Faignant said he would leave that up to the Town attorney.

Mr. Faignant said there is a mechanism in the statute for condemnation of the property, then a clean up and the property being lined after. The Board voted unanimously for the motion.


The Board decided to review the proposed Zoning regulations on 9-18-12 at 6:00 PM


Mr. Faignant moved to adjourn the meeting at 9:13 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.
























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