TOWN OF RUTLAND

 

SELECT BOARD

 

 

 

MINUTES: June 19, 2012

 

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

The Meeting opened at 6:35 P.M.

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

Mr. Hall moved to approve the June 5, 2012 minutes with corrections. Mr. Faignant made a second to the motion.

 

The Board took questions from the floor.

 

Town resident Mr. Bill Franzoni asked the Board if anything would be done regarding the incident at Northwood Park. Mr. Hawley said the Board would entertain a motion to go into executive session to discuss the matter at hand. Mr. Hawley said Mr. Ed Dumas and Mr. Franzoni should be included.

 

Mr. Hall made a motion to go into executive session for the reason stated by Mr. Hawley. Mr. Faignant said he does not know if a citizen complaint would qualify as an executive session. Mr. Hawley said he thought the matter would qualify since it is a civil action.

 

Town Administrator, Mr. Joseph Zingale Jr., cited the fact that the Town employs Mr. Franzoni as an umpire. Mr. Faignant made a second to the motion. The Board went into executive session at 6:40 P.M.

 

Mr. Hawley declared the Board out of executive session at 6:55 P.M. Mr. Faignant made a motion for the Board to request that a notice of trespass resulting from events that occurred at Northwood Park. Mr. Hall made a second to the motion. The motion passed unanimously.

 

Mr. Matthew Hart, attorney for Rich Alercio, asked the Board to whom their motion applied. Mr. Faignant said the Board had received information that there were events that occurred at Northwood Park, that in the Board’s view, as occupiers of the property, are unacceptable. He said the Board has asked that Mr. Hart’s client be served a notice of trespass for the rest of this season.

 

Mr. Hart asked if the Board would like to hear from his client. Mr. Faignant said he can’t imagine an explanation that would justify any kind of behavior like that, in front of 10 and 11 year old kids. Mr. Faignant cited the fact people in the community are talking about the incident. Mr. Faignant said people need to feel safe at sporting events.

 

Mr. Heart asked if anyone had requested a statement from his client. Mr. Faignant said the Board has not made a request. Mr. Faignant said Mr.’s Heart’s client is free to speak to the Board.

 

Mr. Rich Alercio told the Board he accepts the Board’s decision. He said he is embarrassed by the situation. Mr. Alercio said the Board is absolutely right that there is no place for what happened. He said he does not this he was the only person there at fault in the incident. He said he would like to talk to Mr. Franzoni to see if he can rectify the matter.

 

Mr. Alercio assured the Board such an incident would never happen again. Mr. Faignant thanked Mr. Alercio for his comments. Mr. Alercio apologized to the Board for having to deal with the matter.

 

Officer Ed Dumas informed the Board that the Holiday Inn’s Liquor license request is not ready for Board approval. Mr. Dumas told the Board that the individual listed as the owner provided three different birthdays in the application.

 

Mr. Faignant said the application should not be approved conditionally. He said the owner needs to provide the correct information.

 

Town Clerk & Treasurer:  Ms. Marie Hyjek reported:

 

  1. Told the Board that Advance Answering Service will no longer be monitoring the Town Hall Fire Alarm. Ms. Hyjek said Howard Fire Control would now be monitoring the Town’s alarm. Ms. Hyjek said the same alarm system would be used only a new company would be monitoring the alarm.

 

  1. Informed the Board that the Town Clerk can now give out property payment information to individuals other than the owner.

 

  1. Told the Board that Homestead Declarations must now be filled annually by April 15.

 

  1. Informed the Board that fuel bids request would be sent out at the end of the month.

 

Transportation Council & SWAC: Charles Shields reported:

 

1.      Told the Board that the Transportation Council meets the following week.

 

2.      Mr. Shields questioned if the Transfer Station would be open on the 4th of July. Mr. Hawley said the Transfer Station would be open but that the hours would be adjusted so as not to interfere with the fireworks display.

 

3.      Informed the Board that the all of the SWAC officials had been re-elected at a recent meeting.

 

4.      Reminded the Board of the Electronic Waste Recycling, which will take place at Rutland High School on June 30th. Mr. Shields said just about anything with a power cord would be acceptable. 

 

5.      Mr. Shields said by 2015 Yard Waste will become a mandatory collection item and must be disposed at the Transfer Station. He said by 2017 food waste will also become a mandatory collection item.

 

6.      Mr. Shields said mandatory light bulb recycling is to begin on July 1st. He said the regulations are being fined tuned. Mr. Shields said the Town could collect bulbs and then dispose of the bulbs at a household hazardous waste day. Mr. Dicton asked how the Town would store the light bulbs. He said he is concerned they will get smashed. Mr. Zingale said the Town presently tells people to take their bulbs to the Rutland County Solid Waste District on Gleason Road.

 

Planning Commission: William Matteson:

 

1.      Reported the Planning Commission recently held a sketch plan hearing for a two lot residential subdivision.

 

2.      Mr. Matteson told the Board that it is a good idea to put solar collectors on the capped landfill. Mr. Dicton asked Mr. Matteson how zoning would address, windmills and solar parks. Mr. Matteson said the proposed zoning is very limited regarding regulation. Mr. Dicton questioned if the Commission should address such matters in the zoning regulations.

Mr. Matteson said the Board could amend the regulation in the future if there is a need. Mr. Matteson said he sees no need to revise the regulations at this time. Mr. Matteson said the process to amend the regulation could take up to 120 days.

 

Mr. Hawley read a letter of retirement submitted to the Board by Town Police Chief John Sly. The retirement will be effective July 1, 2012. According to the letter Mr. Sly also will retire from his position of First Constable. Mr. Faignant made a motion to accept Chief Sly’s letter of retirement. Mr. Hall made a second to the motion. Mr. Dicton thanked Mr. Sly for his years of service to the Town. Chief Sly said he has enjoyed the past 7.5 years of service.

 

Mr. Sly said due to time demands he can no longer do the job right so to be fair to everyone involved; his family, the Board and the residents of the Town, he decided to retire.

 

Mr. Sly said he would be available as a reserve officer. He said the position is without pay and benefits. He said he would be available for emergencies. Mr. Sly said he could still provide service to the Town at no charge on a case-by-case basis. Mr. Sly thanked the Board and said it has been an extremely enjoyable 7. 5 years. He said his decision was difficult but necessary.

 

Mr. Hawley thanked Mr. Sly on behalf of the Board and the Townspeople. The motion to accept Mr. Sly’s retirement letter passed unanimously.

 

The Board instructed Mr. Zingale to post the First Constable vacancy in the newspaper.

 

Mr. Hawley opened the hearing regarding a dilapidated property on Forest Way owned by Mr. Alphonse Coccia. Officer Dumas told the Board he had viewed the property and considers the structure unsafe. Mr. Dumas told the Board that the house has fallen down and is quite dilapidated.

 

Mr. Dumas told the Board he had spoken with Mr. Ed Gould, who lives next door to the collapsed structure. Mr. Dumas told the Board that Mr. Gould is concerned for his grandchildren, who play in his yard. Mr. Dumas said it is not possible to board up the structure due to its condition.

 

Mr. Hawley read a letter from Town health Officer Mr. Stanley F. Rhodes in which Mr. Rhodes said the Board should have the structure taken down because it is a threat to the general public. According to letter, the collapsed building poses a danger due to splintered wood and glass in the building debris. Mr. Rhodes also cited a concern that the asbestos siding on the building would be a danger to firefighters if the structure were to burn.

 

Mr. Hall briefed the Board regarding the most recent Fire Committee meeting. Mr. Hall said the committee reviewed a revised space needs allocation plan.

 

Chief Joe Denardo said the Fire Dept. Building Committee would consider the allocation plan the following Thursday evening. Mr. Denardo asked Mr. Zingale the status of his inquiry to OMYA regarding receiving an easement or land dedication to use the old rail bed behind the station.

 

Mr. Zingale said he was verbally told it is likely OMYA will either grant an easement or will give the land in question to the Town.

 

Mr. Faignant made a motion to declare the Coccia property a threat to the general public and that Mr. Coccia be told he is to remove this threat to the general public and to inform the Board as to how he plans to remove the structure within the next two weeks. Mr. Hall made a second to the motion. The Board discussed the removal of hazardous materials from the property and decided it will require Mr. Coccia to certify to the Town that the material was disposed properly. The motion passed unanimously.

 

Mr. Hawley opened the Fire Truck bid submittals.

 

Dingee Machine Company                        $359,270.00

Valley Equipment                         $366,156.00

VRS Sales LTD.                                    $342,138.00

Fire Equipment                         $371,451.00

 

Mr. Faignant moved to refer the bids to the Fire Committee and ask that they make a recommendation to the full Board. Mr. Dicton made a second to the motion. The motion passed unanimously.

 

 

Fire Chief: Joseph Denardo reported:

 

1.      Mr. Denardo passed out photos of the new Tanker truck manufactured by Dingee Machines. He said the truck should be delivered in two to three weeks.

 

2.      Discussed purchasing a new computer program for creating reports. Mr. Denardo said the current program makes it difficult to retrieve information from the program’s data. Mr. Denardo said that the Department has researched the matter and would like to purchase the same type software program being used by the City of Rutland. The Board and Mr. Denardo discussed the matter. Mr. Denardo said he would use $2000.00 available in office supplies and $4,000.00 of budgeted money to purchase the new software.

Mr. Denardo said it would cost about $3,800.00 to $4,000.00 to make the conversion to the new software. Mr. Denardo said he would like the Board’s approval to make the purchase. Mr. Denardo said the new software is from a New England Company. He said the company could send someone to the Town to assist with any problems the Department may have using the software. Mr. Denardo said the current software is from company in Florida and can only provide phone support.

Mr. Denardo and the Board discussed the annual licensing fee associated with the new program.  Mr. Hawley and Mr. Dicton said they are concerned the annual cost may be significant. Mr. Faignant inquired if the Chief plans to seek bids from other vendors.

Mr. Denardo said it would be difficult to make a decision as to which program to buy since the Department needs to work with the program to understand what it can and cannot do.

 

Mr. Denardo said a decision has to be made prior to July 1st, because that’s when he would loose the $2,000.00 in the office supplies budget. The Chief and the Board discussed the matter further. The Board discussed whether the software purchase should be open to bid or not. Several Board members said the bid policy could possibly be waived due to the specialized nature of the Fire Department software requirements.

 

Mr. Hawley said according to the Town Report the annual fee is $745.00. Mr. Dicton said he is concerned the price for the licensing could rise annually and he cited the fact the Board has not seen the contract.

 

Mr. Faignant moved to approve the purchase of the software contingent on the licensing fee not exceeding $1000.00 and a contract, which meets the Board’s approval. Mr. Dicton made a second to the motion. The motion passed unanimously.

 

3.      Informed the Board he wants to upgrade the driveline on engine # 3. Mr. Denardo said he wants to replace the ring and pinion in the rear-end. He said the upgrade would make the engine more efficient. Board members and Mr. Denardo discussed the matter. Mr. Denardo said it would cost approximately $3,500.00 in parts and labor to upgrade the truck.

Mr. Denardo said he has the money in the maintenance equipment budget. Mr. Denardo moved to accept Chief Denardo’s recommendation to upgrade the ring and pinion on engine # 3 for no more than the quoted price of $3,500.00. Mr. Hall made a second to the motion. The motion passed unanimously.

 

4.      Mr. Denardo and the Board discussed a letter regarding a July 28, 2012 fireworks display planned for Mr. Dave Fucci’s property. The Board took no action regarding the letter.

 

Town Administrator:  Mr. Joseph Zingale reported:

 

  1. Informed the Board regarding a citizen request to have a tree at the Victoria Drive / Killington Avenue intersection taken down for improved visibility. Mr. Zingale told the Board that the person, who made the request, said she almost pulled out in front of an oncoming motorcycle because she could not see the motorcycle.

    Mr. Zingale told the Board that Town Road Commissioner, Mr. Byron Hathaway said the tree should be taken down. The Board discussed the matter and instructed Mr. Zingale to refer the matter to Town Tree Warden for consideration.

 

  1. Cited the draft US Route 7 Access Master Plan produced by Resource Systems Group (RSG) on behalf of the Town. Mr. Zingale said the next step is to schedule a hearing with the State Transportation Board regarding the Board’s request for a break in the limited access section of US Route 7, near Farrell Road.

 

  1. Told the Board he had received a complaint that individuals are not keeping their dogs leashed at Northwood Park. The Board instructed Mr. Zingale to refer the matter to officer Dumas.

 

  1. Reviewed the RRPC’s / Town / City decision to select Stantec over RSG to conduct a traffic analysis for the proposed new local road which would connect the Cold River Road intersection to Farrell Road.

    Mr. Zingale said the Stantec proposal was $13, 433.00 less than what RSG proposed to do the traffic analysis. Mr. Zingale said Stantec would be asked to revise their proposal to address concerns raised by the Town and the City.

 

  1. Mr. Zingale used the projector and showed pictures of the capped landfill where Helio Sage of Charlottesville, VA. wants to construct a solar farm. Mr. Zingale said the company is proposing to pay the Town (the first year) $1,000.00 an acre for six acres. And in years 2 through 25 the Town would receive $2,000.00 an acre for a total of $12,000.00 a year for 24 years.

    Mr. Zingale said the solar farm would be connected into the three-phase power at Northwood Park and Helio Sage would sell power to the power company. Board members briefly discussed the mater with Mr. Zingale and instructed Mr. Zingale to bring Mr. Foukal to a future meeting.

 

  1. Mr. Zingale used the projector and showed the parcel of land the Town recently received as a result of a tax sale. Mr. Zingale said according to the attorney that represents the Town’s Tax Collector, there is no legal access to the land. Mr. Faignant asked if Mr. Zingale knows when the parcel of land in question was created. Mr. Zingale said it was created when the Town received ownership. The Board instructed Mr. Zingale to look into gaining an access to the land.

 

  1. Mr. Zingale used the projector and showed the Board several sewer manholes on the south end sewer line. Mr. Zingale showed the Board a clean manhole
    (located on the west side of US RT 7) as well as manholes with evidence of past grease build up. Mr. Zingale explained that only the Ponderosa Restaurant discharge into the manhole with evidence of past grease blockages as well as grease residue on the ladder rungs, leading down into the manhole.

    Mr. Zingale cited the fact that last fall the Town cleaned the manhole, which only Ponderosa discharges into) and now the manhole has evidence of grease blockages and build up. The Board and Mr. Zingale discussed the matter further and Mr. Zingale was instructed to have Stantec perform a 24-hour composite wastewater test on the Ponderosa Restaurant.

 

  1. Mr. Zingale informed the Board that bicycle storage racks are available free of charge to the Town. The Board discussed the matter and instructed Mr. Zingale to apply for bicycle racks.

 

Mr. Faignant moved to reappoint Mr. Hall as the Town’s representative to the VLCT Public Safety Community. Mr. Dicton made a second to the motion. The motion passed unanimously.

 

Mr. Faignant said with the Chief’s retirement there are 24 hours available for dedication. Mr. Hawley said he would prefer to wait until there is a full Board.

 

The Board reviewed packet correspondence.

 

Mr. Zingale and the Board discussed a computer equipment pricing quote submitted my Computer EZ.  Mr. Faignant expressed a concern the purchase should go through the bid policy. Mr. Zingale will advertise for equipment prices.

 

The Board reviewed a letter regarding the replacement of the Town “Welcome” signs. Mr. Hawley said Mr. Larry Young is working on the project. Mr. Zingale said a new un painted sign board arrived at the Town Hall two days before receiving the letter. Mr. Hawley instructed Mr. Zingale to check with Mr. Byron Hathaway regarding the replacement of the sign at the Town school.

 

Mr. Zingale informed the Board that it would be receiving a request from Mr. John Kalish for the Town to establish a special tax assessment district in the area of his proposed commercial development. Mr. Zingale said Mr. Kalish would attend a future meeting.

 

Mr. Hall moved to approve the Marble Valley Lion’s Club to set up their food concession at the Town Fireworks. Mr. Dicton made a second to the motion. The motion passed unanimously.

 

Mr. Denardo told the Board the licensing fee for the new computer program would be the same as the current program.

 

Regional Planning Commission Mr. Fred Nicholson reported:

 

Not present.

 

Town Road Commissioner: Mr. Byron Hathaway reported:

 

Not Present

 

 

Recreation Director: Mike Rowe reported:

 

Not Present

 

Mr. Faignant moved to close the meeting at 8:54P.M. Mr. Hall made a second to the motion. The motion passed unanimously.