TOWN OF RUTLAND

SELECT BOARD

MINUTES: October 25, 2011

Board members present: Stanley Rhodes III, Joe Dicton, Joshua Terenzini and James Hall

The Meeting opened at 6:45 P.M. with the pledge of allegiance.

Mr. Hall moved to approve the 10 -11-11 minutes as presented. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 0. Mr. Terenzini abstained from the vote.

Questions from the Floor

Town residents Larry and Paula Beaudry addressed the Board and asked permission to leave a fence they built, within the Hitzel Terrace right – of – way. The Beaudrys offered to have their attorney write a document that would hold the Town harmless for any damage to their fence caused by the Town of Rutland.

The Beaudrys said they were unaware they needed a town permit. Mr. Beaudry said the fence is 42 inches from the edge of the road. Mr. Rhodes said he would expect the fence to be damaged by town winter snow plowing.

Mr. Beaudry said he had spoken with Mr. John Quirk prior to constructing the fence and that Mr. Quirk said if the fence is behind the mailbox the fence should not be a problem.

Mr. Rhodes told Mr. Beaudry the ordinance is intended to keep stuff out of the R-O-W so there are fewer obstacles for the town to deal with when digging is required with in the R-O-W. Mr. Beaudry said he put the fence up because people are turning their vehicles around on his property.

Mr. Rhodes said he is opposed to allowing the fence in the road R-O-W. Mr. Beaudry submitted a photo of his fence to the Board. Mr. Rhodes said had Mr. Beaudry applied for a permit and been denied he thinks the Board would have supported the denial.

Mr. Terenzini said he would support a permit if the fence were moved back but still with in the road R-O-W. Town Planning Commission Chairman Mr. William Matteson told the Board that the Town owns Hitzel Terrace fee simple. He said essentially the Beaudrys put their fence on Town property.

Mr. Matteson cited the difference between fee simple ownership and R-0-W use of property. Mr. Matteson cited the fact the fence would make it difficult to push snow off the road.

Mr. Rhodes told Mr. Terenzini that if a deal is worked out with the Beaudrys then the Board will have to work out deals for others in the future. Mr. Beaudry asked if others had put fences in the R-O-W. Mr. Rhodes cited a previous instance where the Town dealt with a fence in the Post Road R-O-W. Mr. Matteson said by order of the Board the fence was moved by the Town further from the edge of the road.

Mr. Beaudry said if the fence is 15 feet from the edge of the pavement then people would have room to turn around on his property. Town Administrator Mr. Joseph Zingale said possibly low growing shrubbery might work and be acceptable. Mr. Beaudry said he decided against shrubs because the road salt would kill the shrubs.

Mr. Dicton said he thinks the Road Commissioner brought the matter up because he is concerned he is going to damage the fence. Mr. Beaudry said they and their neighbors like the fence. She said they could hold the Town harmless from any damage.

Mr. Hall said if the Beaudrys are willing to take damage to their fence then they can leave it and see how it looks in the spring and discuss it with the Board. Mr. Dicton said he would wait to hear from the Road Commissioner before he offers his opinion. Mr. Rhodes said he is against having obstacles in the R-O-W. Mr. Terenzini said he is with Mr. Hall regarding the fence.

Mr. Rhodes said the letter sent by Mr. Zingale is on hold at this time.

Ms. Julie Williams met with the Board and expressed her concern that the wood debris left long East Creek needs to be removed or else it will cause future problems. Ms. Williams cited the fact the bridge over east creek on US RT 7 North could be damaged if the wood debris upstream is swept under the bridge during high water events. Ms. Williams said the bridge of US RT 7 is vital to getting in and out of Rutland City. Ms. Williams cited all of the State and other officials she has appealed to in order to get the debris removed.

Town Clerk & Treasurer: Ms. Marie Hyjek reported:

No Report

Solid Waste Alliance Communities & Rutland Transportation Council: Mr. Shields reported:

Told the Board that 27 town residents participated in the most recent Household Hazardous Waste Collection.

Regional Planning Commission Mr. Fred Nicholson reported:

Business as usual. He said the RRPC is winding down their involvement in flood recover work. He told the Board that the RRPC had received a $10,000.00 for Healthy Communities. He said the grant would look at making bike paths and recreation programs to promote a healthy lifestyle.

Town Road Commissioner: Mr. Byron Hathaway reported:

Not present

Planning Commission: Mr. William Matteson reported:

Cited possible town liability if the Beaudrys are allowed to leave their fence in the R-O-W. Mr. Terenzini said the Town should make a list of all the fences in the R-O-W and make everyone take their fences down if the Beaudrys are required to do so. Mr. Terenzini cited Conner Drive as a road with stuff in the R-O-W.

Reported the Commission had met with Mr. Mark Blucher and discussed the Town’s proposed zoning regulations. Mr. Matteson told Mr. Blucher to make the document barebones and to remove all that can be removed. Mr. Rhodes and Mr. Matteson discussed how the hearing process would occur.

Mr. Terenzini said the Town should only put in the document that which is required by State law. Mr. Matteson said that is essentially what the Commission plans to do. Mr. Hall said the Select Board should receive the Planning Commission version by may 2012. Mr. Matteson said in May or shortly there after.

Mr. Dicton question if the Select Board has to vote on whether the Board supports the Commission’s zoning document. Mr. Dicton said he would rather just have the public vote on the document. Mr. Terenzini said he wants to vote on the Commission’s document. The Board and Mr. Matteson discussed the matter further and took no action.

Recreation Director: Mike Rowe reported:

1. Northwood Park and Dewey Field will be closed this week.

2. Asked the Board when he should end summer maintenance work. The Board said to keep mowing for two more weeks. Mr. Rhodes said the trash needs to be picked up daily.

3. Mr. Rowe said basketball registration would take place on November 2^nd at the School Gym from 5:00 PM to 6:00 PM.

4. Informed the Board Allen Pools is working to install a new valve at the pool. He said the valve is on order.

5. Informed the Board that the Halloween party would be on Sunday at the Town school at from 5:00 PM to 7:00 PM. Mr. Rowe said Mr. Terenzini has volunteered to help and be the MC for the event.

6. Told the Board the soccer program went well and many people were happy with the program.

Town Administrator: Mr. Joseph Zingale reported:

Reported to the Board that the Town hall roof had not been repaired by Vermont Roofing.

Told the Board that the Town Flood hazard Board of Adjustment may be meeting in the near future to address the reinstallation of above ground fuel storage tanks. Mr. Zingale said there could be three properties that will needs permits.

Police Department: Captain John Paul Faignant reported:

Not present

Fire Chief: Joseph Denardo reported:

Not Present

The Board discussed a proposed $1,500. 00 budget to have Stantec work with Mr. Zingale regarding application for a Hazardous Mitigation Grant to relocate the Post Road Pump Station electrical panel to higher ground.

Mr. Terenzini moved to name the former Conway driveway as “Robert Place”. Mr. Hall made a second to the motion. The motion passed unanimously.

The Board reviewed packet correspondence.

Mr. Zingale will place a notice in the newspaper advertising for new doors and windows for the Town Hall.

Mr. Terenzini moved to close the meeting. Mr. Hall made a second to the motion. The motion passed unanimously.