Select Board Minutes 7-23-19

Select Board 7-23-19




JULY 23rd, 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 6/25/19 & 7/9/19

  1. Denardo moved to approve the minutes of June 25th. Ms. Ashcroft seconded the motion. The motion passed 3-0 with Mr. Terenzini and Mr. Faignant abstaining.
  2. Faignant moved to approve the minutes of July 9th. Ms. Ashcroft seconded the motion. The motion passed 3-0 with Mr. Denardo and Ms. Russell abstaining.

Questions from the floor / Public Comment:

  1. Dan and Nancy Barker of Windcrest Road addressed the board regarding their property and the parcel to their west which was recently purchased by Alderman’s Chevrolet.
    1. Discussed a recent site visit with Byron Hathaway where they walked the property. Some of the survey pins were able to be found and some were not.
    2. Hathaway said he has done some preliminary research into the deeds and found the right of way was given to Fire District #2 to be able to access their well site. This well is no longer in use and has been capped. The entire infrastructure has been removed.
    3. Hathaway does not see any useful purpose of maintaining the right of way.
    4. Barker believes Alderman’s plans to level the existing house on the property they purchased and install a parking lot. A temporary gravel driveway has already been installed and is partially in the existing right of way. No permission was given for this.
    5. Barker said he has a copy of the paperwork which granted the right of way to the town. He will bring it to Town Hall so the Board can review it.
    6. A site visit will be scheduled soon for the board to view the property.
    7. Denardo discussed notifying Alderman’s of the existence of the right of way. A letter will be sent to Alderman’s to notify them of the right of way and the site visit. A site visit will be scheduled for Tuesday July 30th at 5PM.

New Business: Board to discuss Grand List Errors and Omissions;

  1. Town Lister Howard Burgess presented 4 properties to the board which need adjustment.
    1. $108 for Business / personal property for Tabletop Media to be removed
    2. $988.30 for Business / personal property for Garvey Nissan to be removed
    3. $15 for Business / personal property for a demolished mobile home owned by Arthur Seguin to be removed
    4. $7000 in real estate value for a removed swimming belonging to Francis Ojala to be removed.
    5. Ashcroft moved to allow the Listers to make the adjustments to the Grand List as presented. Ms. Russell seconded the motion. The motion passed 5-0.

Bill Sweet Administrative Assistant to the Select Board:

  1. Presented a proposal from Johnson Energy to provide heating oil for Town Hall at a cost of $.35 over their cost on the day of delivery with a cap of $2.599 for the period of August 1, 2019 through June 30, 2020. Johnson Energy is a preferred vendor.
    1. Russell moved to accept the bid price from Johnson Energy. Ms. Ashcroft seconded the motion. The motion passed 4-0 with Mr. Faignant abstaining.
  2. Faignant presented a document for the board to review which would provide coverage and indemnification to Rutland Town constables and Fire Department officers while using their personal vehicles in the performance of their job responsibilities.
    1. Russell moved to approve the agreement as presented. Mr. Denardo seconded the motion. After discussion of Town Police Officers, who are covered already while on duty and using town patrol vehicles, the motion passed 5-0.
    2. Denardo moved to allow Mr. Terenzini to sign on behalf of the board. Ms. Russell seconded the motion. The motion passed 5-0.
  3. Presented the updated version of the Storm Water Ordinance with all amendments included which were approved on July 9th.
    1. Ashcroft moved to approve signing the ordinance as amended. Ms. Russell seconded the motion. The motion passed 5-0.
  4. Presented the updated copy of the Rutland Town Local Hazard Mitigation Plan which has been forwarded to the state for approval. This includes the latest changes. No action is needed from the board at this time.

Barbara Noyes-Pulling Rutland Town Planning Commission Chair:

  1. Discussed the recent public hearing which took place at the last Planning Commission meeting for residents to come and ask question about the new Storm Water Ordinance. A few people attended but more outreach may be necessary.
  2. Discussed the status of the new version of the Town Plan. The 2 public hearings have been held but some changes have been made which will require 1 additional hearing.
    1. Discussed some recent conversation Ms. Noyes-Pulling and Mr. Terenzini have each had with New Commission member Jim Hall.
    2. Discussed the revisions proposed for the energy portion of the plan. Ms. Ashcroft and Mr. Sweet will look at the plan and ensure all the changes are incorporated so it can be presented to the board for a future meeting. Then a public hearing can be warned, which requires 30 days’ notice.

Kirsten Hathaway Rutland Town Clerk/Treasurer:

  1. Presented information on setting the tax rate.
    1. Reviewed the lines on the worksheet with the amounts to be raised by taxes.
    2. Faignant moved to approve and set the tax rate using the outline provided by Kirsten. Mr. Denardo seconded the motion. The motion passed 4-0.
  2. Presented an updated copy of the Request for Proposal for the work on the Clerk’s office.
    1. Made some adjustments to the language
    2. Discussed how to best notify parties which could be interested in the project.
    3. Discussed the proposed glass windows on the counter and the revision of the entry way into the office. Ms. Ashcroft and Ms. Russell discussed their objection to including this in the project.
    4. Denardo moved to accept the RFD as presented. The motion failed due a lack of a second.
    5. Ashcroft moved to approve the RFP after deleting the sliding window panels and the revision to the entry way. Ms. Russell seconded the motion. Discussed what will be done with the memorabilia taken down during the construction and where it will be put up. The building committee will discuss it. The motion passed 3-2.
    6. Discussed dates for site visits and due dates for proposals. The site visit will be set for 9AM on Tuesday August 6th.
    7. Proposals will be due in the office by noon on Friday September 13th.

Mike Rowe Rutland Town Recreation Director:

  1. Reported on the work at Dewey Field, the courts have been finished and the new lines have been painted.
  2. Soccer and flag football signups have started. Forms are available on the website and at town hall.
  3. Provided an updated copy of his 5 year plan with what has been done ad included a new copy for the next 5 years.
  4. The disc golf course project is moving along well. The paths are being done now. The loop walking trails is complete. The course should be ready by fall.
  5. Denardo asked about if any policy exists allowing town residents to use the baseball fields for a “pick-up” game. The fields can be used for games as needed.

Byron Hathaway Rutland Town Road Commissioner:

  1. Provided the board with new bridges and road standards. Mr. Hathaway covered why the document is necessary to compete. It is needed for disaster aid in conjunction with FEMA.
    1. Reviewed each of the questions and discussed how best to indicate what we need. Ms. Ashcroft moved to approve the form as completed. Mr. Denardo seconded the motion. The motion passed 5-0. The form was completed and given back to Mr. Hathaway.
  2. Ashcroft reviewed a recent Highway Committee Meeting held at Seward Road.
    1. The Graphic Edge has approached the town about doing some work to alleviate runoff from storm water.
    2. The committee’s recommendation was to do some ditch work on the south side of Seward Road near the 2 Foley property driveways to improve some of the runoff management.
    3. Discussed the pump system The Graphic Edge has which pumps water into the Town of Rutland sanitary sewer system. Representatives of Graphic Edge maintain they are allowed to do this as part of their Act 250 permit. Mr. Hathaway researched the permit. He found it stated they are allowed to discharge 50% to the city storm system, but this is not what they are connected to.
    4. The board is taking the recommendation of Mr. Hathaway to work on the ditches on the South side of Seward Road as the remainder of the issue is outside of the town right of way.
    5. Discussed the culvert that terminates behind Michaels in the Green Mountain Plaza. This carries storm water from properties on the North side of Seward Road under Route 7. Mr. Sweet will try to determine who is responsible for maintaining this culvert and reach out to them. It needs some service.
  3. Discussed the Town’s storm water storage area on Grover Drive adjacent to the Ragosta property
    1. Hathaway met with Mr. Spencer of Bronson Spencer of Spencer Engineering at the Grover Drive site. Mr. Hathaway reviewed with him the scope of the issue and the proposals already discussed.
    2. Spencer said to restores the area, it should be dug down approximately 18”, river stone installed, a layer of fabric and then restores on original soil which was removed. Additionally, directionally bore a 2.5” to 3” pipe which would need to terminate close to the pond.
    3. Denardo proposed the town cover the cost of the design work for the restoration of the storm water retention area, with Mr. Ragosta paying for the actual work and materials, plus the entire project cost of the new drainage pipe. The town would not allow Mr. Ragosta to continue to discharge water from his sump pump into this area.
    4. Faignant moved to have Spencer Engineering create the design. Ms. Ashcroft seconded the motion. The motion passed 5-0.
  4. Presented 4 bids for purchasing a new trailer for the highway department.
    1. Bid # 1 from Luckys Trailers for $13,027
    2. Bid # 2 from Kaufman for $6664.20 including delivery
    3. Bid # 3 from Earles truck Repair for $9512
    4. Bid # 4 from G. Stone Commercial for $10,974
    5. Faignant moved to accept the bid price of $6664.20 from Kaufman, with a check being issued for the trailer company and 1 for the freight company. Ms. Russell seconded the motion. The motion passed 5-0.
  5. Roadside mowing has resumed and will continue until it is done, which will take approximately 2 weeks.
  6. The small renovation project to the ball field at the school is nearly complete and an invoice for time will be sent to the school soon.
  7. Hathaway asked if there was an update to the signs that need to be installed on Holiday Drive. Chief Dumas will finalize the wording for the sign and give it to Mr. Hathaway so the sign can be ordered.
  8. Showed the board a program he has been using to create infrastructure databases around town.
    1. Discussed the Ash tree inventory, some of which will need to be removed by a professional company. The cost will be discussed during the time when budgets are being set.
    2. A manhole inventory will be done using this program in the near future.
  9. Denardo discussed having a contractor running a camera to the manhole which is currently covered by the railroad tracks to check and see if any damage has occurred. Mr. Hathaway will contact A-1 Sewer service to look at it.

Chris Clark Rutland Town Fire Chief:

  1. Discussed a recent car accident on Grove Street
  2. Presented an application for a new member, who if accepted, will take the 10th and last available slot for city residents. Ms. Ashcroft moved to approve the application of George Mada. Mr. Faignant seconded the motion. The motion passed 5-0.
  3. Reported on a recent issue with the water pump on Engine 3.
  4. Reported on the recent kick off meeting for the committee to work on the replacement of the McKinley Ave fire station. The next meeting will be scheduled some time in August.
  5. Requested an executive session meeting with the board at the end of the meeting.
  6. Denardo acknowledged the work the Fire department members did to extricate the driver from the recent accident on Grove Street.

Ed Dumas Rutland Town Police Chief:

  1. Recent calls for service were provided.
  2. Informed the board on comments from the new Town Police Officer, Brendan Reilly. Officer Reilly recently worked a car accident call with our Fire Department and he said the members were all helpful assisting with traffic and everything else during it.
  3. Discussed a recent issue with the Diamond Run Mall, where 2 businesses are not getting along. The initial call went to the City Police who referred it to the Sheriff Department who referred it to our Police Department. The incident was not critical in nature. The Sheriff did not want to respond to the call. The mall did not want to have to call the Sheriff and pay for the response.
    1. Faignant moved to have Chief Dumas send the mall a bill for services provided plus a surcharge of 33.3%. Mr. Denardo seconded the motion. After discussion, the motion will be tabled until the next meeting to allow Mr. Terenzini an opportunity to reach out to mall management to discuss the issue. Mr. Faignant agreed.
  4. Updated the board that the recently approved speed cart has been completed and it arrived today and will be stored for a short time until the new police vehicle arrives, which should be in the next few weeks.

John Paul Faignant Town Health Officer / 2nd Constable:

  1. Discussed a mileage reimbursement for his vehicle while performing his duties. Mileage was not charged during last fiscal due to budgetary limitations. Mileage claims will be filed for this fiscal year.
  2. Discussed an hourly reimbursement rate for his vehicle while on patrol as 2nd He asked for approval for a rate of $9.50. The current Sheriff contract is at $28 per hour.
    1. Russell moved to approve the reimbursement rate. Mr. Denardo seconded the motion. During the discussion, the funds would come from the health office and 2nd constable lines in the budget. The motion passed 5-0.



Ms. Russell moved to enter executive session for a personnel matter with Fire Chief Chris Clark and Assistant Chiefs Carlson & Dellveneri attending. Mr. Faignant seconded the motion. The motion passed 5-0. The board entered executive session at 7:50 PM.

Upon leaving executive session, with no action being taken, Ms. Russell moved to adjourn. Mr. Denardo seconded the motion. The motion passed 5-0. The meeting was adjourned at 8:15 PM.

Respectfully submitted, Mr. Bill Sweet


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


Center Rutland, VT.