TOWN OF RUTLAND

SELECT BOARD

MINUTES: November 20, 2012

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

The Meeting opened at 6:34 P.M.

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

The Board reviewed the minutes of November 4, 2012. Mr. Rhodes moved to approve the minutes as presented. Mr. Hall made a second to the motion. The motion passed by a motion of 3 to 0 . Mr. Dicton and Mr. Hawley abstained from the vote.

The Board reviewed the minutes of October 23, 2012. Mr. Hawley moved to approve the minutes as presented. Mr. Faignant made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Rhodes abstained from the vote.

Messrs. Peter Fisk and Paul Rondinone, representing the Rutland Railway Association, met with the Board regarding possible funding the Select Board. Mr. Fisk made a presentation and addressed the following:

• The Historic site sign has been approved and is on order.

• The 2012 Rutland Train Show drew over 600 individuals and there were over 20 exhibitors.

• The Depot building is full of railroad artifacts.

• Have begun conversations with the Rutland Railroad Historical Society aimed at increasing membership and opportunities.

• Renovations which need to be done; electrical work, roof repairs, storm windows, painting the Train Depot building, construction of safety fence around building. A total cost of about $70,000.00.

• Cited several possible funding sources. Recently received $20,000.00 anonymous donation.

• Possible Town Funding. Would like to work with the Town to provide an attraction for visitors to the area and local individuals to visit.

• Would Town funding be a one time grant or annual stipend through the Town budget. Money would be restricted to building maintenance and repair.

• With the Town investing in the Building the State might give the building to the Town as an asset, when the 100 year lease between the State of Vermont and the Carris Family expires.

• Open to any ideas the Town may have for providing funding to the Rail Depot.

• Addressed other matters

  Mr. Rhodes said the group's plans are a private project. Mr. Fisk said the group is a 501 C3 non profit. Mr. Fisk said the group is not private and invites public participation. Mr. Rhodes said the request is not like previous requests. He said the Board receives requests that are from service groups that are looking for funding.

  Mr. Fisk said the Railway Association would be offering the service of providing an attraction for the Town. Mr. Fisk cited the fact the building is included in the Center Rutland Historic District.

  Mr. Rhodes cited the fact that voters recently approve a $2 million dollar Fire Station. Mr. Rhodes said it would be a tough sell to get the Town to fund the request.

  Mr. Dicton cited the fact the Rail Depot is not a physical asset of the Town but resides in the Town. Mr. Dicton said he agrees that it would be a tough sell to get Town funding. Mr. Dicton suggested Mr. Fisk get the Rail Association listed with the Rutland Chamber of Commerce for greater exposure.
  
  Mr. Rhodes cited the proposed Highway Mutual Aid Agreement and asked Town Administrator Mr. Joseph Zingale Jr. , if the Town attorney had reviewed the proposed agreement.

  Mr. Zingale said Mr. Brown had reviewed the agreement and had said there is language in State Statutes to support the agreement. Mr. Zingale said the key issue according to the Town attorney is the inclusion of a pay-rate schedule.
  
  Mr. Faignant asked Mr. Zingale to get a copy of the State's rental rates. Mr. Hathaway presented Mr. Faignant with a copy of the State's rates.
  
  

  Mr. Rhodes asked if the proposed agreement is for emergencies. The Board discussed the matter further and decided to sign the agreement. Mr. Faignant moved to sign the agreement with the attached rate schedule.
  
  Mr. Dicton inquired if the agreement could be used to hire another Town to assist on a large local project. Mr. Hathaway said the agreement could be used to do so. Mr. Dicton asked what other Towns have signed the agreement. Mr. Hathaway said only West Haven has signed, to date. Mr. Hathaway said he only expects to use the agreement if there is another Irene type event. The motion passed unanimously.
  
  Mr. Faignant informed Board members that the West Rutland Select Board had already signed the Cooperative Agreement Between the Town of West Rutland and the Town of Rutland for salt brine.
  
  Mr. Faignant said the West Rutland Board is looking forward to cost savings as much as Rutland Town. Mr. Faignant moved to sign the agreement with the Town of West Rutland. Mr. Rhodes asked Mr. Hathaway if he knows why West Rutland thinks they are going to save up to 30% and we expect to break even.
  
  Mr. Hathaway said he is not aware the information the West Rutland official gave to the newspaper reporter. The motion passed unanimously.

  Town Road Commissioner: Mr. Byron Hathaway reported:

1. Mr. Hathaway informed the Board that he had met with State and local officials regarding constructing a rain garden at the Town School and that the two individuals do not feel the project would qualify for grant money. Mr. Faignant said the State is encouraging bigger fixes, according to some information he has received.

2. Mr. Hathaway informed the Board regarding the new Transportation Alternative Grant program which replaced the Enhancement Grant program. Mr. Hathaway asked if he should seek funding under the Alternative Grant program for the planned sidewalk from the Town School to Northwood Park. The Board encourage Mr. Hathaway to do so. He said a 20% local match is required. Mr. Hathaway said the grant would fund a feasibility study.

   Mr. Zingale informed Board members that the Board signed an Agreement with Watershed Consulting Associates, LLC for $18,662.00 but failed to budget for the storm water related expense. Mr. Zingale cited the fact there is a bill for $5,800.00 due for recent work completed by Watershed Consulting Associates, LLC.

   He said Mr. Andres Torizzo has proposed two substantial storm water project for the Board to consider. Mr. Zingale said one project would be on Hitzel Terrace using a .9 acre parcel of land owned by the Town. He said a second project would be in the area of the proposed South-End Service road. Mr. Zingale said there is potential for the Town to partner with State of Vermont Agency of Transportation, which is discharging (from U.S. RT 7 South) storm water to the area in question.
   
   Mr. Rhodes said the money could come from the Professional Services budget. Ms. Hyjek said there is a little over $6,000.00 available in the budget. Mr. Zingale will speak with Mr. Torizzo and get a time line and schedule for future charges.

   It was decided that Mr. Hathaway and Mr. Zingale would attend a December 12^th meeting in Burlington regarding Storm water compliance.
   
   Ms. Hyjek raised the issue of paying for traffic work being done for the Town by the Resource Systems Group (RSG). Mr. Zingale said the planned review of the so-called Farrell 'Slip lane” would cost $4,500.00. Mr. Zingale said the “Slip lane “ needs to be reviewed prior to the Town applying for a hearing with the State Transportation Board.

   Mr. Rhodes said the cost should be paid by the group of businesses, which have been working with the Town. Mr. Zingale cited the fact the Board had no prior discussions with the group of businesses contributing toward the expense. Mr. Rhodes said the Board needs to circle the wagons and discuss the matter to see where we are headed before we spend $4,500.00. Mr. Rhodes said the Board could budget the money for the expense and get some other players involved.

   Mr. Zingale said if the Board is not going to review the “slip lane” under the Access Plan then he no longer has to attend a December 6^th meeting in Montpelier with the Transportation Board.
   
   Mr. Dicton questioned Mr. Zingale regarding time constraints. Mr. Zingale said the ball is in the Board's court. He explained that Act 250 is waiting for the Board to apply for the “slip lane”. He said Act 250 could, at any time order the barrier to be constructed at the Green Mountain Shopping Plaza (GMSP), which would prevent Farrell trucks from accessing their warehouse via the (GMSP) entrance.
   
   He said if the barrier is constructed the Farrell trucks would have to drive to Windcreast Road to turn around and go north in order to make the left turn into the Holiday Inn access to U.S. RT 7 South. Mr. Faignant said it sounds like a cost the Board must incur.
   
   Mr. Rhodes turned the meeting over to Mr. Hawley and then left the meeting. Mr. Faignant and Mr. Hall said the Board needs to find a way to pay for the expense. Mr. Hall said the Board needs to budget money for additional traffic work.
   
   Mr. Hall moved to allocate $4,500.00 and to authorize Ms. Hyjek to oversee the fund from which the money is taken. Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Hawley signed the agreement.
   
   
   

Clerk & Treasurer: Ms. Marie Hyjek reported:

1. There was a 78% turnout on the East side and 83% on the West side for the November 6^th election.

2. Thanked everyone who worked the polls and those that did the hand counting.

3. The Fire Station bond information has been sent to the Bond Bank.

4. November 30^th is the deadline date for BCA Tax appeals.

5. There is one appeal going to the State for consideration.

6. Informed the Board the Town had received $274,195.13 in one percent tax revenue for the most recent quarter. She said to date the Town has received $537,389.33

7. There will be no Blue Cross Blue Shield rate increase in 2013.

8. Cited the fact she had paid the City of Rutland for unpaid Town regular sewer users. Ms. Hyjek said only one Ad Valorem has not been paid to the City.

9. The Town Report bids will be available for the next meeting.

10. The Town Office will be closed on Thursday and Friday.

Transportation Council & SWAC: Charles Shields reported:

1. Reported all of the existing SWAC officers were re-elected at last weeks meeting.

2. Mr. Shields said because the Town's population has gone down the Town's per captia SWAC cost have increased. He said the Town's charge would increase by $185.64. Mr. Shields said the Town's loss 22 people.

3. Cited the fact the Town's hazardous waste collections are down.

4. Informed the Board that all towns in Vermont must have per bag charges for solid waste disposal.

5. Mr. Shields told the Board that by 2020 household food wast must be recycled.

Mr. Dicton questioned Mr. Hathaway as to whether the Highway Department's radios are Ultra High Frequency (UHF) or Very High Frequency (VHF) models. Mr. Hathaway said he is not sure. Mr. Dicton asked who owns the frequency license. Mr. Hawley and Mr. Zingale said they believe the Fire Department holds the license.

Recreation Director: Mike Rowe reported:

1. Reported basketball is all set. He said the Town has more teams than in previous years.

2. Mr. Rowe said the Town has the use of the School Gym on Wednesdays and Saturdays.

3. Reported both parks are buttoned up for the winter.
   
   Mr. Hathaway informed the Board that many individuals have complained about the Northwood Park gate being locked at 3:30 P.M. Mr. Hathaway said there have been as many as six vehicles in the Park when he should be locking the gate. Mr. Hathaway said there is a sign notifying individuals that the gate will be locked at 3:30 P.M.
   
   Mr. Hathaway said he left the gate open rather than lock six vehicles in the Park. The Board discussed the issue of locking the gate and instructed Mr. Zingale to check with Act 250 regarding changing the requirement that the gate be locked at night. Mr. Hathaway will continue to lock the gate daily.

Town Administrator: Mr. Joseph Zingale reported:

1. Discussed an up coming December 6^th meeting with the Transportation Board. The Board said Mr. Bob Chamberlain of (RSG) should also attend the meeting.

2. Discussed a proposed Boundary Line Adjustment between the Town of Rutland and the City of Rutland for the new Ripley Bridge. The Board said the Chairman should sign the agreement. Mr. Zingale will get the agreement revised. Mr. Faignant moved to sign the boundary adjustment for Transportation Project 17 (The Ripley Bridge). Mr. Hall made a second to the motion. The motion passed unanimously.

3. Discussed a request fro the State for the Town to participate in a planned April 2013 stream bank clean up. The Board instructed Mr. Zingale to find out more information.

4. Presented a copy of the Burlington Aggressive Panhandling ordinance. The Board discussed the ordinance and instructed Mr. Zingale to draft a local ordinance like the Burlington ordinance. Mr. Faignant said the item should be on the next agenda for consideration.

5. Requested permission to ask the City of Rutland to install a crosswalk in front of the Town municipal Building. Mr. Zingale explained that individuals have a hard time crossing the road because of the traffic. The Board said Mr. Zingale should ask the City.

6. Mr. Zingale suggested the Board have Mr. Richard Lloyd attempt to collect the unpaid Ponderosa waste water surcharge. Mr. Dicton said he did not think Mr. Lloyd should collect the payment because he is the delinquent property tax collector.
   
   Mr. Zingale said he has been authorized by the Board to act as the Uniform Disconnect officer for the Town. Mr. Zingale said he has the authority to terminate water and sewer service if a rate (charge) is unpaid. He said the position does not have the authority to terminate water or sewer service for an unpaid surcharge payment.
   
   Mr. Faignant said representatives from the Ponderosa (when they were recently before the Board) may have got a sense that we had given them permission to test certain manholes. Mr. Faignant said he would like to invite the representative back in to meet with the Board.
   
   I would like to let them know we are going to ratchet this up to a different level than just hearing that they are trying to fix the problem. Mr. Faignant cited the fact there is an enforcement role the Town has to play.
   
   Mr. Faignant said he would like to know if they plan to test the manhole closest to the Ponderosa Restaurant. He asked Mr. Zingale if he was aware of the testing locations. Mr. Zingale said he has not had any communication with the representative since the last meeting.
   
   Mr. Dicton requested the minutes from previous meetings with the owners of the restaurant. Mr. Zingale said he would provide the information.

The Board decided to meet on November 27, 2012 to review the proposed Zoning Regulations at 6:00 P.M. Mr. Faignant asked Mr. Zingale to schedule the Personnel Policy on the next agenda for Board consideration.

Mr. Hall will speak to Town Fire Chief Mr. Joe Denardo regarding scheduling budget meetings and a meeting with Black River Design Architects.

The Board reviewed packet correspondence.

Police Chief: Ed Dumas reported:

Not present

Regional Planning Commission Mr. Fred Nicholson reported:

Not Present

Planning Commission: William Matteson:

Not Present

Fire Chief: Joseph Denardo reported:

Not Present

Mr. Faignant moved to adjourn the meeting at 8:25 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.