TOWN OF RUTLAND


SELECT BOARD

MINUTES: September 25, 2012


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

The Meeting opened at 6:40 P.M.

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

The Board reviewed the minutes of September 11, 2012. Mr. Hall moved to approve the 9-11-12 minutes with corrections. Mr. Dicton made a second to the motion. The motion passed unanimously.

Town Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Have received 1st tax bill download from the State

  2. Have heard rumors there will be another State download in October

  3. There are 6 BCA Tax appeals scheduled for 6:00 P.M. October 16th.

  4. Linda O' Brian will do the the minutes for the BCA

  5. Asked the Board to sign the Town warning


Mr. Hawley read the proposed warning notice. Mr. Dicton questioned if Article # 2 (Flory Plaza) should have been a referendum rather than a money request. Mr. Hawley said because of the way the item had to be warned it is a money request. Mr. Dicton said the proposed notice is different than what the Board discussed and what is in the minutes.


Mr. Dicton asked why the item had been changed from a straw poll to the present wording. Mr. Faignant said according to attorney Kevin Brown if the Board wanted to go forward base on the previous article, it would not have been to do so. He said according to Mr. Brown the item has to be binding otherwise voters would have to re-vote the item.


Mr. Faignant said the Town would go to court first and get a lien before spending any money. He said the advisory vote would not have been of any use to the Town. Mr. Byron Hathaway said if there were an advisory vote and the item is defeated then there would not be a need for another vote. He said if the item passes a vote could be scheduled for March.


Mr. Faignant said with the new wording, if the item is voted in the affirmative, then it would not have to go back to the voters. Mr. Hall suggested the Board borrow the money because it would not result in a tax increase. He said the sale of the property would clear everything up. He said interest incurred, expenses for borrowing would be paid for as part of the deal. Mr. Faignant said that according to Kevin Brown the Town would get interest if the court approves the lien. Mr. Dicton said the lien could sit on the property for 10 years.


Mr. Faignant said there is a foreclosure mechanism. Mr. Faignant said he doubts he would support a foreclosure as long a s the property is cleaned up and the Town is protected for what it has to spend. Mr. Faignant said the lien priority is established when the lien is filed.


Mr. Dicton asked how the Board can guarantee it will not get stuck with 20 years of interest if the property does not sell. Mr. Faignant said the Board is not guaranteeing anything rather it is asking if the public wants to accomplish the task. Mr. Hawley agreed with Mr. Faignant.


Mr. Hall said he supports the concept but that he has a question whether it would be better to borrow the money and set up an account and not raise the tax rate two to three cents.


Mr. Dicton questioned the expenditure of public on the cleanup with no guarantee when the Town would be paid back. Mr. Faignant said it will come down to whether people feel it is worth investing in the Town to cleaned up the area.


Mr. Faignant said if the item is passed the Board would decide if it wants to get a lien or a loan to do the clean up. Mr. Dicton asked if there is a possibility the owners of the property could take legal action against the Town's plans. Mr. Faignant said there would be the probability of a legal action. Mr. Dicton said it could be a lot more then $250,000.00 considering possible legal action. Mr. Faignant said he thinks the matter could be handled through the Board's legal budget.


Mr. Faignant said it is his understanding there is a report that states the property is clean and can be developed. He said the Board's action would remove the eyesore portion and then the Flory’s can do what they can with it. He said realistically the Town would get paid when the property is sold.


Mr. William Matteson said a lot of people will be asking, “ what does that mean for my property”. Mr. Faignant said the situation is the exception not the rule. He said landowners have a responsibility to keep their property is a safe manner.


Mr. Hall moved to accept the warning as written. Mr. Faignant made a second to the motion. The motion passed unanimously.


Ms. Hyjek gave the dates the proposed warning will appear in the newspaper. She told the Board the Fire Station information meetings are scheduled for October 15th and November 1st.


Ms. Hyjek said the Flory Plaza hearing should be scheduled for Monday November 5th at 7:00 P.M. to meet the 10 day hearing requirement. The Board agreed to move their meeting to November 5, 2012.


Ms. Hyjek reported to the Board regarding absentee Voting requests and procedures.


Transportation Council & SWAC: Charles Shields reported:


The next household hazardous waste collection is scheduled for October 20, 2012.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Told the Board the strategic planning initiative is going nicely. He said 66 candidates have been reduced to 8. He said face-to-face interviews with take place when the list is reduced to 3 or 4 candidates.

  2. Mr. Nicholson told the Board that he was successful in getting the Regional Issues Committee to request the KIA auto dealership be reviewed as a minor Act 250 application verses a major application.

    He said despite the fact the proposed business is in conformance with the Town and Regional Plan as well as in compliance with the Rutland Town/Clarendon US 7 Corridor Study and was approved by the Vermont Agency of Transportation, The Danby, Clarendon and Shrewsbury Regional Commissioners tried to make the project undergo a major project review. He said they attempted to get a major review because of their traffic concerns.

    Mr. Nicholson said the three did submit traffic concern comments to the Act 250 Commission. Mr. Nicholson said the KIA Dealership would not need to receive an Act 250 permit if the Town had zoning regulations. Mr. Nicholson said zoning regulation would also aid in the clean up properties in Center Rutland. He said with zoning the properties could be re-purposed.

Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Submitted a revised tractor purchase agreement with the Town of Clarendon for consideration. Mr. Hathaway said the agreement is essentially the same as before except now the insurance provisions are spelled out in the agreement rather than as an attachment.

    Mr. Hathaway said Clarendon is good with the revised agreement. Mr. Dicton questioned Mr. Hathaway regarding additional towns using the tractor. Mr. Hathaway said Clarendon would consider leasing out the Tractor to other towns after one year of use by Rutland Town and Clarendon. He said the issue may be revisited in a year. Mr. Faignant said the decision to lease the tractor to others towns would have to go before the Board.

    Mr. Faignant moved to have Mr. Hathaway sign the agreement on behalf of the Town. Mr. Dicton made a second to the motion. The motion passed unanimously.

  2. Mr. Hathaway informed the Board that he had received a request from the School Department to cut down the tree on Killington Avenue that obstructs visibility for the bus driver when exiting Victoria Drive. Mr. Hathaway said the bus did not previously go down Victoria Drive but recently began as a result of a student that needs to be picked up by the bus. Mr. Hawley said the Board would schedule a hearing after the letter from the School Board is received.

    Mr. Hathaway told the Board that he discussed the use of mirrors with State officials and that they do not recommend the use of mirrors to deal with a visibility problem.

    Mr. Hathaway said it would cost about $5,000.00 to remove all of the trees and shrubs creating the visibility problem.

    Mr. Dicton asked if Mr. Hathaway has all of the insurances and copies of licenses for snowplow drivers for this year. Mr. Hathaway will check and report back to the Board.

Planning Commission: William Matteson:


  1. Reported that the Commission has not been very active so he has cut the number of meetings down to once a month.

  2. Reported the Commission approved a two lot minor residential subdivision at the Commission's last meeting.

  3. Said the Commission is anxious to get the zoning document back from the Board. Mr. Faignant said the Board had met the previous week to work on the regulations. Mr. Hall said the Board is about 2/3 finished with its review.


Mr. Hawley cited the fact the Center Rutland Fire Station renovations hearings will be held on October 15th and November 1st. He said there would be an open house at the Center Rutland Station on Saturday September 29th.


Mr. Hawley cited correspondence regarding the Recreation Facilities Grant Program and the application being prepared by Mr. Mike Rowe. Mr. Hawley cited the support letter from the Board for the proposed new equipment at Dewey Field.


Mr. Dicton made a motion to accept the Recreation Director's request for a letter of support from the Board for a $10,000.00 playground equipment grant for Del Bianco Park at Dewey Field. Mr. Hall made a second to the motion.


Mr. Hawley said the grant is a good way to replace the old equipment and dress the area up. He said new equipment would give siblings (not playing baseball) something to do. The motion passed unanimously.


Town Administrator: Mr. Joseph Zingale reported:


  1. Presented the proposed Master Plan for Access to US RT 7 South for consideration. Mr. Zingale explained why the Board is considering the adoption of the Access plan. Mr. Zingale told the Board that the State Transportation Board required the plan be produced prior to considering the Board's request for a break in US Route 7 South at Farrell Road.

    Mr. Zingale said access to Farrell Road is needed because the trucks that go to the Farrell Distributing warehouse are now using the entrance to the Green Mountain Plaza which will be closed to their use once a required barrier is constructed.

    Mr. Zingale said the master Plan for Access to US RT 7 S was paid for by; the Town, and the owners of Farrell Distributing, Taco Bell, the Green Mountain Plaza, the Hampton Inn and the Aspen Dental Building.

    Mr. Zingale said the Plan would allow the Board to consider new access to US RT 7 South, from the Green Mountain Plaza entrance to the Bypass, provided the access meet public safety criteria established in the plan. He said the Plan would not allow the Board to consider any new access to US RT 7 South, from Seward Road down to Clarendon.

    Mr. Zingale told the Board that the Resource System Group (RSG) prepared the plan for the Town and developed the access criterion to be used in the evaluation. Mr. Zingale cited the fact that Mr. John Kalish was present and would probably be requesting access to US RT 7 South in the area the Access Plan where application can be made for access.

    He said if the access met the criteria then the Board would be in a position to support the application to the State. He said if the access did not meet the safety criterion then the Board would not be supporting the access request. He said safety & operational performance would be evaluated under the criteria.

    Mr. Hawley inquired as to what happens next. Mr. Zingale said he would notify the Town's consultant that the Board held the required public meeting and request a hearing date be scheduled before the Transportation Board.

    Mr. Kalish submitted information to the Board. Mr. Kalish said he wanted to update the Board regarding a proposal he may make in the future (for the Rutland Commons) pertaining to his approved break in US RT 7 South . He said the Transportation Board has approved a right in only break in the limited access section of US RT 7 South. He said he originally requested a full right in and a full right out but at the end of the day wound up with half a loaf.

    Mr. Kalish said his prospective tenants are very concerned with the fact there will not be a direct exit on to US RT 7 South from his proposed shopping center. Mr. Kalish said he would be proposing information to off set any concern regarding vehicle weaving and public safety, that may be determined to exist. He said that to date, they have not been determined to exist.

    Mr. Kalish said all of his traffic studies indicate there are no undue adverse public safety issues with customers making a right turn onto US RT 7 South from his development. Mr. Kalish said he wants to go back to back to VTrans and the Transportation Board and get an amendment to allow full right out on to US RT 7 South.

    Mr. Kalish said his request will not be for a new break in a limited access highway but a modification to his approved break in the limited access section of US RT 7 South. Mr. Kalish told the Board that Mr. Richard Tetreault, who is with VTrans, has requested that the Town make a request to him on behalf of Mr. Kalish to begin discussing he proposed amendment request to his break in the limited access highway permit.

    Mr. Kalish said his project would create 300 jobs, generate 7 million dollars in annual payroll and would pay over a couple of a million dollars in property taxes over 10 years. Mr. Kalish asked the Board to make the request to Mr. Tetreault.

    Mr. Kalish told the Board he has asked RSG to review his proposed access to US RT 7 South under the new Master Plan RSG developed for the Town. He said the results would be presented to VTrans.

    Mr. Matteson said he can't believe the State of Vermont will only let the Kalish development use the right out for emergencies only. Mr. Kalish said if it is determined the proposed access would not be safe then the Town would not apply for a permit.

    Mr. Kalish said if the proposed access were deemed to be unsafe there are technical engineering ways to design it to mitigate the unsafe situation. Mr. Dicton said the could contact Mr. Tetreault for Mr. Kalish.

    Mr. Faignant said he would like to know if Mr. Kalish's proposed access meets the criteria in the Master Plan before beginning discussions with VTrans.

  2. Requested a letter of support from the Board for the proposed Helio Sage Solar project on Seward Road. Mr. Zingale informed the Board that the Planning Commission had already issued a letter of support. Mr. Matteson told Board members that the Commission does not see any problems with the propose solar project.

  3. Informed the Board that the Town Flood Hazard Zoning Board of Adjustment (FHZBA) had met earlier in the evening and reviewed two applications. Mr. Zingale said the FHZBA reviewed an application submitted by Green Mountain Power and the City of Rutland and a second application from the Town of Rutland.

    Mr. Zingale said Green Mountain Power is proposing to alter a 2000 foot long section of the Mendon River above the Glenn Dam. He said the City of Rutland wants to place boulders greater than three feet in diameter in the river to raise the water lever by a foot. He said by raising the level one foot the water would go into the water intake, at low stream flow.

    Mr. Zingale said the FHZBA will issue a conditional use permit after Green Mountain Power and the City of Rutland receive their required State permits. He said the the FHZBA also reviewed the Town's application to place a six foot riser on the wet well located at the US RT 7 / Post Road intersection. He said a conditional use permit will be issued after the Town's receives a wetland permit form the State of Vermont.

  4. Informed the Board that he has been contacted by an individual with a solar company that is interested in 15 different sites in the Town.

  5. Mr. Zingale told the Board that Mr. Phil Alderman will have to pay $9,670.00 for being allowed to impact 3.1 acres of primary agricultural soils with the construction of his KIA Auto Dealership.

    The Board considered the Green Mountain Power Corporation & Rutland City request for the Board to waive the Public Comment period for their combined stream alteration permit to the State of Vermont.


Mr. Faignant said that according to the application it appears the berm that was constructed in the Mendon brook was not completely thought out. He said the berm is now interfering with the operation of the stream. He said the berms are also interfering with high waters being able to access some natural drainage veins that are and have always been in the river shed.


Mr. Faignant said he does not have a problem waiving the time line so they can go ahead with their work. He said the quicker they can make the change the better it will be for everybody.


Mr. Nicholson told the Board that the Regional Commission agreed to waive the Public Comment period on the condition the plans are drawn my a geomorphologist. Mr. Nicholson said the berm on the north side of the river is eroding and being carried into the Glenn Dam water impoundment. He said hundreds of thousands of dollars had been spent removing material from the river. Mr. Faignant moved to waive the Public Comment period on the condition the plans for the work to be done in the Mendon river are made be a geomorphologist. Mr. Hall made a second to the motion. The motion passed by a vote of 3 to 0. Mr. Dicton abstained from the vote.


Mr. Hawley opened the chimney repair and power washing bids.


Ross Painting & Drywall - power wash bid $850.00

Crystal Clear Window Cleaning and Power washing – Power wash bid - $825.00

Tedesco - Chimney repair $12,400.00

Green Mountain Masonry $12,500.00

John Errington – Power washing bid - $435.00


Mr. Errington also submitted a bid of $335.00 to power wash the Cheney Hill Community Center


Mr. Dicton said he spoke to Mr. Errington prior to the Town advertising for bids. He said he told Mr. Errington he could also submit a bid for Cheney Hill. Mr. Faignant moved to accept the John Errington bid for power washing. Mr. Hall made a second to the motion. The motion passed unanimously. Mr. Hall moved for Mr. Errington to also do the Cheney Hill building. Mr. Faignant made a second to the motion. The motion passed unanimously.


Mr. Hall moved to hire Tedesco because he is fully aware of the issues. Mr. Faignant made a second to the motion. The motion passed unanimously.


Mr. Faignant moved to sign the Pinnacle Ridge Maintenance agreement with the State of Vermont. Mr. Dicton made a second to the motion. The motion passed unanimously.


Fire Chief: Joseph Denardo reported:


Not Present


Police Chief: Ed Dumas reported:


Not Present


Recreation Director: Mike Rowe reported:


Not Present


The Board reviewed packet correspondence.


The Board discussed correspondence from Fire District #5 regarding whom they plan to contact the next time they have to dig with in the Town road right of way. The Board directed Mr. Zingale to write to Fire District #5 and inform them should contact Mr. Zingale the next time they have to dig with in the Town road right of way.


Mr. Zingale told the Board he would try to get some unanticipated items included in the Security Grant award, when he submits final bills for the grant award.


Mr. Dicton question Mr. Zingale regarding the status of the Ponderosa restaurant waste water surcharge payment. Mr. Zingale said he had sent out the surcharge bill and has not received a reply.


Mr. Zingale informed the Board that the surcharge rates in the Town's ordinance are 24 years old. He suggested the Board consider updating the rates. Mr. Zingale will discuss updating the surcharge rates with Mr. Pete Andrews from Stantec.


Mr. Hall briefed the Board regarding a recent Community Policing meeting he attended. Mr. hall will give Police Chief Ed Dumas a copy of the report he received at the meeting. Mr. Hall said the State Police responded to many shoplifting complaints.

Mr. Faignant moved to adjourn the meeting at 8:20 P.M. Mr. Hall made a second to the motion. The motion passed unanimously.
























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