Select Board Minutes 6-11-19

Select Board 6-11-19




JUNE 11th, 2019


  • Board members present: Josh Terenzini, Mary Ashcroft, Joe Denardo, JP 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 May 28th and June 6th

  • Faignant moved to approve both sets of minutes, Ms. Ashcroft seconded the motion. The motion passed 3-0 with Mr. Denardo abstaining.

New Business; Board to discuss speeding on secondary roads:

  1. Megan Robertson of Hitzel Terrace recently contacted Mr. Terenzini about cars driving at a high rate of speed on the street.
    1. The speed limit has been lowered to 25 MPH
    2. Additional traffic and speed enforcement is planned when the new officer starts after July 1st
    3. The Rutland County Sheriff Department has been contracted, funded through a grant, to conduct additional traffic enforcement.
    4. JP Faignant, the 2nd constable, will also be in the area conducting traffic enforcement
    5. A speed cart will be purchased in the near future to assist in tracking when incidents of high speed driving are occurring.

New Business; Board to discuss recent site visit to Grover Drive:

  1. James Ragosta and Brianna Ragosta of Grover Drive were present addressed the board regarding their recent site visit.
    1. Hathaway reviewed what occurred to bring us to this point
      1. He noticed a section of land, which the town has an easement for, had been dug out and Mr. Ragosta was pumping water into this area.
      2. Mr. Ragosta had done this to increase the depth for water to be able to be pumped into.
  • Mr. Ragosta had been also pumping water across Grover Drive to the north.
  1. Mr. Hathaway went to the site in the spring and investigated to see if there was a viable option to mitigate the water pooling in this area. No good options were found. Most options would involve one or more easements across a variety of properties.
  1. Ragosta is asking for help to divert the water. He states it does flood the road.
  2. Ragosta stated he did have water in his basement 2 times. Once before he dug out the section of landed the Town had an easement for and once was after.
  3. Ragosta said he received permission from Red Grover to dig it out to try to fix the problem.
  4. Ragosta stated when the property to his East is sold and built it will increase the runoff into this area.
    1. Faignant stated this may not be a buildable lot, and that his lot may not have been suitable to build on.
  5. Faignant asked if Mr. Ragosta had received permission from his neighbor to install a culvert under his driveway to allow a connection to a pond on the far side to the West.
    1. Ragosta indicated he did but did not feel it was his sole responsibility to fix it.
    2. Ragosta stated they were told, prior to building there, the town was going to install a culvert. It is not know who stated this to them.
  6. Ragosta asked why the Town got the easement in the first place if there was no problem
    1. Faignant stated it was to get an offset whether it was needed or not.
  7. The easement was received at the same time the road was taken over by the town, approximately 3 years ago.
  8. Ragosta said the runoff from the surrounding properties is much greater than what is pump from his perimeter drain.
    1. Hathaway stated, based on the information provided to him by Mr. Ragosta, the amount being pump out of his basement is approximately 38,000 gallons per day.
    2. Ragosta stated he must have been “way off”.
  9. Terenzini said the letter which was sent to him previously stated the area which was dug out would need to be returned to its natural state.
    1. Ragosta stated this would not be effective
    2. Denardo discussed the native soil types can’t be reproduced by dumping in any dirt and it would need to be engineered when replaced.
  10. Denardo stated there appears to be 2 separate issues
    1. The first is the basement ground water which Mr. Ragosta needs to deal with and recommended the option of directional boring under the driveway to the West as the best.
    2. After the basement water it dealt with, and after the disturbed area has been restored, if a problem still exists then it would become an issue the town would need to deal with.
  11. Ragosta stated he did not feel it was fair for him to go through the expense of restoring this area just to have it flood and the town have to come in.
  12. Discussed various options of installing culverts to the North under Grover Drive or to the West along the South side of Grover Drive.
    1. A 15” culvert was recommended by Mr. Hathaway along the South side of the road.
  13. Ashcroft commented this work was not budgeted for and there are no carryover funds available to use for this.
  14. The board asked Mr. Hathaway to do additional research into plans for a culvert and what the associated costs would be.
  15. Faignant stated he did not see it as a town problem but did not object to the study.
  16. Ragosta asked what will happen when the road floods and what the town will do.
    1. Faignant stated it is a landowner problem currently.
    2. Ragosta stated he would let the road flood.

New Business; Board to hear from State Representative Tom Terenzini:

  1. Tom Terenzini was not able to attend tonight’s meeting to present a House Concurrent Resolution to the family of Dick Lloyd.
  2. Josh Terenzini read the Resolution aloud.
  3. A copy will be given to the family and a copy will be hung in Town Hall.

Bill Sweet Administrative Assistant to the Select Board:

  1. Presented a proposed MOU between the Town and the Rutland Regional Planning Commission. It would allow the RPC to provide education and outreach services for storm water and other programs.
    1. This expense was not included in the budget and has no appropriate place to come from.
    2. The MOU is for $4500 per year for 5 years.
    3. It will be included with budget planning information for next year.
    4. A previous copy from 2013 was also provided.
  2. Presented the final draft of the Local Hazard Mitigation Plan. It incorporates all of the changes discussed at the last meeting. After the close of the public comment period, on June 21st, it will be sent to the State and to FEMA for approval. After it’s approved and returned the board will need to vote to adopt.
  3. Presented option to lease agreement documents from Green Lantern Solar.
    1. Faignant moved to have these documents sent to Town Attorney Kevin Brown for review. Mr. Denardo seconded the motion. The motion passed 4-0.
  4. Provide the final draft of the Town of Rutland Conflict of Interest policy.
    1. This needs to be adopted by July 1st by state statute.
    2. Faignant moved to table it until the next meeting to allow time for all board members to review. Ms. Ashcroft seconded the motion. The motion passed 4-0.
  5. Presented a draft of a letter which will be sent to the all the properties which are now part of a Stream Buffer area, as defined by the new Storm Water Ordinance.
    1. A small section will be removed then it is ok send.
  6. Provided a letter from Bill Bauer, Transfer Station Manager, regarding the recent acquisition of TAM by Casella Waste Management.


New Business; Board to parking on the dead end section of Cop John Drive:

  1. A truck driver recently spoke with Mr. Terenzini about an issue that has some up. For some time over the road truck drivers have been using the dead end section of Cop John Drive to park and sleep over night, or store their trailers there for a short period of time.
    1. Recently a van owned by Greenfield Restaurant and the Holiday Inn has been parked across the opening to this dead end section, essentially cutting off the access for the trucks. A picture of the van parked there was provided by Mr. Terenzini.
  2. This topic was brought up at a recent Police Committee meeting and the recommendation was made to purchase signs which would state “Standing Only” was allowed but parking would not be. Vehicles in this area would need to be occupied and could not be left.
    1. Ashcroft asked the language be “No Unattended Vehicles Allowed”.
    2. Hathaway will work with Mr. Faignant to determine the best wording for the signs, and Mr. Hathaway will order and install them.
  3. A letter will be drafted to be sent to the Holiday Inn about the parking issue.

Barbara Noyes-Pulling Rutland Town Planning Commission Chair:

  1. Grants in Aid are available for storm water related projects.
    1. A letter of intent is due by July 3rd. Mr. Hathaway is intending on applying for grants through this program
  2. Provided information on a pilot program through the state for 3 acre impervious sites in towns.
    1. Faignant moved to have Ms. Noyes Pulling relay that the Town is not interested in participating in the pilot project. Mr. Denardo seconded the motion. After a brief discussion, the motion passed 4-0.
  3. Reviewed and discussed some minor clerical updates to the criteria list for solar projects in the town energy plan.

Old Business; Board to discuss hosting a Town Wide Yard Sale / Flea Market:

  1. Terenzini suggested selecting August 3rd as the date, encouraging residents to all participate on this day. There would not be a location where everyone goes to but rather using our social media and web platforms to highlight the day.

New Business; Board to hold public hearing for the adoption of the new Town Energy Plan:

  1. Terenzini temporarily adjourned the Select Board meeting at 7PM to begin the hearing.
  2. Noyes Pulling gave background on why the energy plan is needed
  3. Without passing the plan, the Town would not have much influence in future projects before review with the Public Utility Commission.
  4. Linda Leonard of West Proctor Road gave testimony about maintaining view sheds, specifically ones from West Proctor Road.
    1. There were 20 original view sheds listed, and 4 were taken off.
    2. The 4 removed are
      1. East Proctor Road
      2. Quarter Line Road
  • Route 4 Bypass Road
  1. Viewmont Drive
  1. The old section for energy will be taken out of the existing town plan and this new plan, if approved, will replace it.
  2. Terenzini moved to table the vote, as long as it provides enough time before the approval deadline, to July 9th. Mr. Faignant seconded the motion. The deadline for voting is 120 days from when the Planning Commission turned the plan over to the Select Board, which was on March 28th. July 26th is the deadline. The energy committee can review and develop the language.
    1. There was no vote on the motion.
  3. The hearing concluded at 7:34PM and the regular Select Board meeting resumed.

Kirsten Hathaway Rutland Town Clerk/Treasurer:

  1. Provided new revenue updates for the current fiscal year.
  2. Provided a self-assessment questionnaire from the state. It requires a signature from the Select Board
    1. It covers current financial management and opportunities.
    2. Ashcroft moved to approve and authorize the chair to sign on behalf of the board. Mr. Denardo seconded the motion. The motion passed 4-0.
  3. Recording fees are increasing July 1st as a result of state statute.
    1. There is a provision requiring a separate account for records restoration
  4. Provided a photo of the concept for the glass windows proposed for the counter in the Clerks office.
  5. Provided a revision to the RFP for work on the Clerks office. Some additional revisions are needed and will be provided for the next meeting.
  6. A building committee meeting will try to be scheduled in the next couple weeks.
  7. Reminded everyone the last day to submit payroll sheets for this fiscal year is June 21st.

Mike Rowe Rutland Town Recreation Director:

  1. Baseball is wrapping up
  2. Recently had some sign up days for the public to buy pool passes and approximately 50 were sold.
  3. The pool passes for town firefighters have been distributed.
  4. Hathaway provided a list of all other town employees.
    1. Pool passes will be assigned to the balance of employees and will be in Bills office for pick up.
  5. Dewey field parking lot has been repaved. The fence is going to be reinstalled soon.
    1. Once the project is completed No Parking signs will be installed along East Proctor Road.
  6. Terenzini stated the rules and entry form will be available online by the end of the week.

Byron Hathaway Rutland Town Road Commissioner:

  1. Presented information on balances remaining in the highway fund.
    1. If the school paving project is completed it would likely result in a deficit for FY 2019.
    2. Faignant moved to remove the school paving project from the highway fund projection for this year. Ms. Ashcroft seconded the motion.
      1. The school has not been told this project may not happen.
      2. They will be asked if they can contribute to the project.
  • Mr. Terenzini stated he feels a solution should be found to be able to pave the school.
  1. Mr. Hathaway said construction costs for earlier projects ran over.
  2. According to Mr. Hathaway the school would need to contribute approximately $25,000 to make the project viable.
  1. Faignant amended the motion to remove the project if the school is unable to contribute. Ms. Ashcroft seconded the amended motion. The motion passed 3-1 with Mr. Terenzini voting against it.
  1. Road side mowing has begun. All of the main roads will be done by next week.
  2. Presented a recently drafted Class IV road guideline. Mr. Faignant moved to approve. Denardo seconded the motion. The motion passed 4-0.
  3. A winter maintenance policy was drafted some time ago by Mr. Hathaway, but has never been adopted by the board. No vote was taken.
  4. Discussed giving up the small section of reclassified Sugarwood Hill Road.
    1. The Town Attorney recommended giving up the section of road.
    2. Giving it up would begin a separate process.
  5. Discussed the addition of another new rail siding along the Bennington line south of Park Street and North of the Route 4 bypass.
    1. Hathaway doesn’t believe this is a threat to town infrastructure.
    2. Marker signs for the man holes will be installed soon.
  6. Information for the Randbury Road water line extension has been received and would be appropriate for a Water and Sewer committee meeting.
    1. We will get one scheduled in the next couple of weeks.
  7. Presented and engineering grant agreement for the work on Town Line Road.
    1. Mr. Faignant moved to approve and authorize the chair to sign on behalf of the board. Ms. Ashcroft seconded the motion. The motion passed 4-0.

Chris Clark Rutland Town Fire Chief:

  1. The cost for striping and lettering of the new utility truck on order was received. The total was $2158. Denardo moved to approve the expense, with funds to be used from the equipment replacement fund. Mr. Faignant seconded the motion. The motion passed 4-0.
  2. The flower bed caps at the Center Rutland station were completed, with thanks to Ms. Russell.
    1. Home Depot is donating some flowers to put in it
  3. Presented 3 applications for approval. All 3 met with the membership committee and have passed background.
    1. All 3 are city residents and enough city slots are available.
    2. . Denardo moved to approve Tyler Bathlon, Dan Johnson, Aliona Postolachi as Fire Department members. Ms. Ashcroft seconded the motion. The motion passed 4-0.
  4. This Friday the Fire Dept will be taking a truck to the school to spray the Pre-k and Kindergarten classes.
  5. The pay scale for the Assistant Chief position was discussed at a recent fire committee meeting. As a result the committee is recommending to the board to increase their pay rate to $18 per hour.
    1. Ashcroft moved to approve the increase. Mr. Denardo seconded the motion. The motion passed 4-0.
  6. Discussed the building at the corner of Gleason Road and Route 4 East.
    1. Due to the condition of the building, no Fire Dept members would enter the building in the event of a fire.
  7. Denardo is meeting with Surveyor Mark Courcelle on the morning of the 12th to review land boundary lines around the fire station to bring a proposal to Ms. Baird about a possible land swap.



New Business; Board to discuss establishing a committee for the replacement of the McKinley Avenue Fire Station:

  1. The station will need to be replaced in the next few years. Both fire stations were built within about 1 year of each other. The Center Rutland Station was replaced 7 years ago and the time has come to discuss this station.
  2. Recommended committee members are the Fire Chief, The Select Board, The police Chief and The Town Administrative Assistant.
  3. The committee for the previous station was The officers of the department at the time, 2 board members and some other individuals.
  4. It is recommended that Chief Chris Clark be the chairman of the committee.
  5. Rowe asked to be on the committee
  6. Discussed incorporating the Town Police Department into the new building.


Committee meeting updates:

  1. Ashcroft reviewed a recent Police Committee meeting.
    1. There is a projected large surplus in the police budget
    2. They discussed the purchase of a speed cart to aid with speed enforcement.
    3. Discussed the 5 year plan, including a new location for them
    4. Faignant moved to approve the research of the new speed cart, with funds to be used from the new depreciation account. Mr. Denardo seconded the motion. The motion passed 4-0.
  2. Ashcroft recapped the scholarship awards. The one for West Rutland was given out recently and the Rutland High School Awards night is soon.
  3. Ashcroft reviewed a recent meeting she attended along with Byron Hathaway, Kirsten Hathaway and Bill Sweet regarding state grants and funding options around clean water and drinking water at Otter Creek Engineering.


Ms. Ashcroft moved to enter executive session for pending litigation with Mr. Howard Burgess attending. Mr. Denardo seconded the motion. The motion passed unanimously. The board entered executive session at 8:34 PM.


Upon leaving executive session, with no action being taken, Mr. Faignant made a motion to adjourn. Mr. Denardo made a second to the motion. The motion passed unanimously. The meeting was adjourned at 8:58 PM.

Respectfully submitted, Mr. Bill Sweet

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


Center Rutland, VT.