Select Board Minutes 10-1-19

Select Board Minutes 10-1-19




OCTOBER 1st, 2019


  • Board members present: Josh Terenzini, Mary Ashcroft, Sharon Russell, Joe Denardo, John Paul Faignant
  • Meeting opened at 6:00 P.M. with the Pledge of Allegiance


Approval of Orders

The Board approved the orders

Approval of Select Board Minutes for September 17th and September 23rd:

  • Faignant moved to approve the minutes of September 17th. Ms. Russell seconded the motion. The motion passed 4-0 with Mr. Denardo abstaining.
  • Russell moved to approve the minutes of September 23rd. Mr. Faignant seconded the motion. There was 1 addition, adding an additional reason, potential litigation, to the reasons for executive session. The motion passed 4-0 with Mr. Denardo abstaining.

Mr. Terenzini asked the board to approve recessing the Select Board meeting to convene as the Board of Health. Ms. Ashcroft moved to convene as the Board of Health. Ms. Russell seconded the motion. The motion passed 4-0 with Mr. Faignant abstaining. The Board of Health convened at 6:04 PM.

  • Terenzini gave a summary of an incident that occurred at the Holiday Inn on Route 7 South on September 30th. A odor of propane was called in by a guest staying there. The front desk declined to call the Fire Department. Chief Chris Clark reported that the Fire Department responded and investigated. During this investigation propane detected. The propane ignited and there was a subsequent explosion in a boiler room. No fire department members were injured. The members worked to extinguish the fire and get the building evacuated. Additional fire departments were called to assist.
  • A decision was made to close the South wing of the Hotel. The red cross was called in and provided cots to the guests displaced. There was a limited number of rooms available in the area due to the fall foliage season. Due to the time of night the other 2 wings were allowed to remain occupied.
  • A subsequent walk through of the building the following morning revealed multiple violations. Based upon this walk through the Town Health Officer John Paul Faignant has drafted a letter for the board to review. Mr. Faignant stated he conducted a limited investigation which revealed at least 2 guests had smelled propane and notified the front desk. Rather than vacating the building and notifying the Fire Department, maintenance staff was sent to try and fix the issue. He shut off a single service gas appliance. In the interim, a guest called 911 to report the odor. The Fire Department responded and was on scene for a short time before the explosion occurred.
  • Faignant met with Patrick Banks, the State of Vermont Assistant Fire Marshal from the Rutland Regional office. Gerald Garrow, the regional manager for the Rutland office also responded.
  • Faignant issued an emergency health order to the Holiday Inn that they may not rent any more room until further notice, due to the absence of hot water. The propane company for the facility, Irving Energy, reported there were several leaks along the gas service lines leading to the building. The gas system is the sole system to provide hot water.
  • The building is occupied by the guests who were already there before the incident occurred and were allowed to stay there tonight.
  • The anticipated repair time is 1 to 2 weeks.
  • Russell moved to shut down the property. Mr. Denardo seconded the motion. During discussion, Mr. Faignant said he has been given all of the violations from 2018 and 2019, 17 in all. The motion passed 4-0 with Mr. Faignant abstaining.
  • Terenzini asked that a letter be drafted to be sent to the Holiday Inn corporate offices informing them of the violations. Mr. Denardo suggested sending a copy of this action top them as well, and also copying their insurance carrier.
  • Russell moved to end the Board of Health meeting and reconvene as the Select Board. Ms. Ashcroft seconded the motion. The motion passed 5-0. The Select Board meeting resumed at 6:18 PM.

Bill Sweet Administrative Assistant to the Select Board:

  1. Provided update committee agenda items with department budget planning added.
  2. Provided copies of all parcels included in the storm water ordinance. Each parcel owner received a letter. This has generated a lot more interest and questions than previous ones.
  3. Provided a copy of the private fire hydrant ordinance and an inspection form. Mr. Denardo asked copies to be provided to the fire department.
  4. Provided an update invoice for Police Services to be sent to the mall. Mr. Faignant moved to approve the invoice. Ms. Ashcroft seconded the motion. The motion passed 5-0.
  5. The USGS has requested to use the meeting room for a hearing on October 30th during the day.
  6. Provided a copy of a revised land use permit for Godnicks on Route 7 North.
  7. Provided an updated RFP for the Clerks office remodel. This will be posted and put in the paper as before, as well as being mailed directly to general contractors on a state bid list. Discussed beginning and ending timeline. Added a new criterion that the project be completed by February 28th, 2020.
  8. Provided the Town Property schedule for all town owned buildings to review. Department heads will be sent their pages to review and send back, checking on building and contents values.
  9. Transfer Station manager Bill Bauer passed along that the new LED lights are being replaced today.

New Business; Board to review bids received for Town Hall Phone System:

  1. 1 bid was received
  2. Terenzini opened the envelope from APC services and reviewed their bid, which was for $6338. The funds would be used from the capital improvement fund.
    1. Ashcroft moved to accept the bid from APC services for $6338. Ms. Russell seconded the motion. The motion passed 5-0.

Mike Rowe Rutland Town Recreation Director:

  1. Soccer season is underway.
  2. The Halloween party at the Town School will be Friday November 1st in conjunction with the book fair.
  3. Rowe provided a preliminary copy of his proposed budget to the committee members.
  4. Disc golf installation is on track. There are 9 holes now, with 9 more possible for the future.

Ed Dumas Rutland Town Police Chief:

  1. Recent calls for service were provided.
  2. Chief Dumas introduced the new School Resource officer Amber Houle.
  3. The former SRO, John Sly, has resigned his position.
  4. The new Police truck is in service and on the road.
  5. Denardo brought up some comments he has received about cars speeding on North Grove Street and the overall visibility of the police on patrol.
  6. Terenzini commented on the efforts which have been made. Including the addition of a speed cart, a new full time officer and the new truck.
  7. The department has seen an increase in call volume.
  8. Efforts to be visible and do speed enforcement has been made
  9. Discussed having an open house for the police department and adding some information to the town website and social media on the topic.

Byron Hathaway Rutland Town Road Commissioner:

  1. Informed the board of a new garage structure which has been built on Lynette drive. A resident called him regarding it being too close to the road. After some investigation, the road is not in the center of the right of way. The garage is outside the town right of way but is within 9 feet of the pavement.   Hathaway did not feel we had authority currently to force them to move it.
  2. A preliminary budget will be available for the next meeting.
  3. Informed the board he was made aware the school is putting their snowplowing service out to bid. Their bid does not state their contractor needs to provide materials.
    1. Discussed concerns about contractors being loaded with Town purchased material at the salt shed and how that would be accounted for.
    2. Hathaway was asked by the school if they would be interested in bidding on it. The highway department does not have the right equipment to do it and available time does not allow them to do it effectively.
    3. Hathaway recommends not bidding for it and ensuring the school knows outside contractors would not be allowed to obtain material from the town salt shed.
  4. No update has been received from the Wynnemere homeowners association on the information requests made.
  5. Some street signs were stolen recently and replacement have been ordered.
  6. Robert Clark from Otter Creek Engineering has delivered plans for the Randbury Road water line. Mr. Clark indicated there may be come political push back from the City Alderman to the proposed project. Ms. Ashcroft indicated the city needed easements from a town Select Board member to construct their new water line which was given and she would appreciate them being good neighbors as well.

New Business: Board to hold Public hearing on the proposed Town Energy Plan – 7PM

  1. Terenzini clarified with Planning Commission chair Ms. Noyes Pulling that this would be the last public hearing needed then the Select Board could vote to adopt it.
  2. Ashcroft reminded the board about the 10th criterion added about consideration for proposed projects once the town has met its energy targets.
  3. Denardo stated his objections to the addition of the 10th criterion saying it placed greater restrictions on future projects and could be viewed as discrimination. Ms. Noyes Pulling stated the intent was to give future large-scale projects more scrutiny.
  4. Ashcroft asked about the scenic portion of the plan, this was already voted on and approved.
  5. Terenzini commented on the size and complexity of the document.
  6. Ashcroft stated the detail included shows regulators the town has stated its direction and goals which is why its important.
  7. Planning Commission members Ms. Noyes Pulling and Mr. Cohen gave comments on the work and thought that went into this document.
  8. Terenzini declared the public hearing over at 7:14 PM.
  9. The plan will be reviewed by the board over the next 2 weeks and the vote will be added to the agenda for October 15th.

 Chris Clark Rutland Town Fire Chief:

  1. The new utility truck was delivered and is at Earle’s Truck Repair being worked on. Its is expected to be in service in the next few weeks.

New Business: Board to hold public hearing on Transportation Alternative Grant for the proposed sidewalk project on Route 7 North near McKinley Avenue – Devon Neary from the Regional Planning Commission attending;

  1. Neary provided the grant application documentation top the board
  2. Neary gave some background information on the grant
  3. Neary stated there is up to $300,000 available per project, but this is a federal grant and there is a lot of work to do to complete it. The grant requires a 20% match.
  4. Neary stated there are 2 timeline options. Engineering to construction or having a scoping study done first.
  5. The engineering to construction timeline could see completion in 3 to 4 years whereas adding scoping first could push it out to 8 years.
  6. The project seems viable after discussion with the state and district AOT.
  7. Faignant gave an overview of where the proposed new sidewalk would go.
  8. The area of construction would be inside the state right of way so no easements or acquisitions would be needed, and the state has indicated they would allow the project to be constructed.
  9. Neary said he and the commission would be happy to help with the application process. The deadline is November 22nd.
  10. An independent grant writing contractor will be contacted to check rates and availability for help with this.
  11. Ashcroft moved the Select Board endorse the project and application for an engineering, design and construction. Ms. Russell seconded the motion. The motion passed 5-0.

Committee meeting updates:

  1. Discussed the recent fire station committee meeting.
    1. Denardo stated he has talked to the adjacent property owner and they are in favor of swapping land to give additional room at the rear of the property but does not want to give up the right of way to along the north side of the property line.
    2. Denardo is still trying to work with a surveyor on the property lines.
    3. Terenzini polled the board on keeping the fire station in the location it is now and not rebuilding it somewhere else in the town. The board agreed it should stay there.
    4. Terenzini discussed future options for where the Police Department could go. A majority of board members felt the fire station should have facilities for the police department as well.

Ms. Ashcroft asked for help with a new editor for The Circle town publication. Our current editor will be retiring soon and to let a board member know if you are interested.

Ms. Russell moved to enter executive session for a personnel matter and possible litigation. Ms. Ashcroft seconded the motion. The motion passed unanimously. The board entered executive session at 7:38 PM.

The board came out of executive session at 7:54 PM with no action being taken.

New Business: Board to meet with School Board Chair;

  1. School Board Chair Matthew Branchaud discussed with the board some land which available for sale which abuts the school property to the North. It is approximately 20 acres.
  2. Branchaud asked if the town would be interested in purchasing the property.
    1. This could potentially allow the link to Northwood park be made at the back of the property instead of along Post Road and Chasanna Drive.
  3. Branchaud provided the board members maps of the property area.
  4. The corner of the property near Chasanna Drive does not have a direct connection to Chasanna Drive and Sanborn Place.
  5. Ashcroft said attempts to secure easements for the sidewalk have failed so far. Mr. Faignant stated if the school was able to secure agreements the town may be interested.
  6. Ashcroft suggested the school board review the scoping study done which gave recommendations for the path and sidewalk and what routes would not be recommended.
  7. The current list price is $75,000.
  8. Branchaud will follow up with the board if any agreements can be made or other information becomes available.

Ms. Russell moved to adjourn. Mr. Faignant seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:17 PM.

Respectfully submitted, Mr. Bill Sweet


Joshua C. Terenzini, Chairman
Mary Ashcroft, Clerk
John Paul Faignant
Joseph Denardo
Sharon Russell


Center Rutland, VT.