MINUTES: October 22, 2013

Board members present: Steve Hawley, Stanley F. Rhodes III, Don Chioffi and Joe Dicton

The Meeting opened at 6:45 P.M.

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

Mr. Hawley moved to approve the 10-8-13 minutes with corrections. Mr. Chioffi made a second to the motion. The motion passed by a vote of 3 to 0. Mr. Rhodes abstained from the vote.

Clerk& Treasurer: Ms. Marie Hyjek reported:

1. No meeting no report

Transportation Council & SWAG: Mr. Charles Shields reported:

1. Informed the Board that Mr. Nicholson would attend the next Transportation Council meeting for Mr. Shields, who can not make the meeting

  1. Mr. Shields informed the Board that the Town can begin to collecting paints and other solvents at the Town Transfer Station. Mr. Shields recommended the Board not accept paints and other solvents at the Transfer Station. He said the Town staff would have to be trained as to how to handle the paints and solvents.

    Mr. Shields said paints would have to be treated just like hazardous waste. Mr. Shields said 17 of the 35 individuals that participated in the Town's last household hazardous wast collection brought paints to the collection. Mr. Rhodes said he would rather see the Town start collecting televisions prior to collecting

paints. Board members discussed the matter with Mr. Shields and took no action.

Regional Planning Commission Mr. Fred Nicholson reported

1. Not Present

Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Presented copies of the proposed agreement between the Town of Rutland and the State of Vermont regarding the proposed Post Road sidewalk. Mr. Hathaway said he did not understand section "F", which stated he would act independently of the Town. Mr. Hathaway will send the agreement to the Town attorney for review.

  2. Mr. Hathaway asked for permission to take the Town Truck home at night. Board members said Mr. Hathaway can take the Town Truck home at night. Mr. Rhodes said Mr. Hathaway should not have to drive to Northwood Park to get the Town truck if he needs it at 3:00 AM.

Mr. Dicton questioned Mr. Hathaway regarding the status of winter contractors. Mr. Hathaway said he plans to send a letter to all contractors next week informing them to make sure they have their equipment ready. Mr. Rhodes asked Mr. Hathaway to copy the Board regarding the correspondence. Mr. Dicton said Mr. Hathaway should get proof regarding CDL licenses and insurance coverage.

Planning Commission Chairman: William Matteson:

1. Informed the Board that the Commission had finalized their work regarding the Town Solar Facility Siting Standards. Mr. Matteson said the Commission would like the Board to adopt the standards.

Mr. Matteson said a lot of individuals participated in the development of the proposed Solar Facility Siting Standards. Mr. Matteson said the standards lay out parameters and limitation as to what can and can't be done. Mr. Matteson said the standards would be advisory only. Mr. Matteson thanked Mr. Joseph Zingale Jr. for his research and work regarding the development of the Town standards.

Mr. Matteson told the Board that the Planning Commission chose not to designate any properties as for solar use. He said the Commission did not do so because they had not spoken to any landowners and that it would have taken time to get input form the public.

Mr. Rhodes asked Mr. Matteson if the standards are the first step to protect the Town from a mass solar infusion. Mr. Matteson replied by saying "yes". Mr. Matteson said he agrees with Mr. Chioffi's position that the Town should have a proportional share of solar energy within the county. Mr. Chioffi told Mr. Matteson the Solar Facility Siting Standards are is a good document.

Mr. Chioffi recommended the Board change those sections in the document,which state certain actions "are not to be" to "Shall". Mr. Chioffi said "shall" is a very legally specific word. Mr. Matteson cited the fact the Standards are advisory.

Mr. Chioffi proposed language regarding proportionality be added to the proposed non-regulatory tools. He said the new language should be on the first page. Mr. Chioffi said the square mileage for Rutland County is 930 square miles and the Town of Rutland is 19.3 square miles or 2.08 percent. He said using percentage makes sense especially if the State decides to increase the total amount of renewable energy. Mr. Chioffi said the percentage will always remain the same.

Mr. Dicton made a motion to adopt the Solar Facility Siting Standards non-regulatory tool with the amended language from Mr. Chioffi. Mr. Hawley made a second to the motion. The motion passed unanimously. Mr. Matteson introduced Mr. Rod Viens, who is an official with groSolar.

Town resident Ms. Ester Sweat questioned if the new Solar Facility Siting Standards would apply retroactively to the Cold River Road site or whether they would apply to projects proposed after the standards were adopted. Mr. Rhodes said the standards would not apply retroactively.

Ms. Sweat said she is concerned for the Town and the residents that live near the proposed Cold River Road solar project. Ms. Sweat cited the fact that many residents had expressed concerns when they attended a recent Town meeting.

Mr. Chioffi cited the fact that the Town has the right of appearance at the groSolar permit hearing. Mr. Chioffi also pointed out the fact that the developers of the Cold River Road site have not yet applied for a permit. Mr. Chioffi said the Town can raise any issue in the hearing process. Mr. Chioffi cited the fact the Standards are only advisory.

Ms. Sweat said it is very important that we as a Town do not feel that we are not important and that we don't have a right to speak. She said we should express our opinion strongly. Ms. Sweat said she understands the Standards are advisory and she said it is important that we be heard and our convictions are strong.

Mr. Dicton assured Ms. Sweat that the Board and the Planning Commission will fast track the amendment and any other matters regarding solar siting. Town resident Mr. David Fucci cited the fact that the Solar Facility Siting Standards calls for a 500 foot setback for a solar field from an historic property. He told the Board it should change the distance to 1000 feet.

Mr. Fucci asked if the historic property setback would be measured from the structure or from the property line. Mr. Zingale said he edited the language to state all setbacks are to be measured from the property line. Mr. Fucci suggested the Board consider a 1000 foot historic property setback as measured from the structure.

Fire Chief: Mr. Joe Denardo reported:

1. Not Present

Chief Ed Dumas reported:

1. Informed the Board that he was unable to speak with the individual that had complained regarding vehicles parking in the sunset Drive road r-o-w, while waiting to pick up school children exiting the school bus.

Chief Dumas told Board members that he spoke with individuals

waiting to pick up students and he asked them not to go on the roadway. He said he did what he can at this point in time.

He also reported:

27 calls for service within last 2 week period

327 total calls to date

Types of calls included; directed patrol, residential and business alarms, dead animal, Animal problem, fraud, Directed Patrol, Agency Assists, thefts and motor vehicle crashes

23 cases closed

O arrested

5 Motor vehicle stops

O Vermont Civil Violation Complaints

O Total fine amount

Total number of patrol hours

40 Chief Dumas

66 Captain Washburn

Total number of administration hours

20 Chief Dumas

14 captain Washburn

Chief Dumas said the number cases is higher this year than the same time last year.

Recreation Director: Mr. Mike Rowe reported:

1. The soccer program season is over. He thanked all the coaches for their time.

2. Told the Board that the annual Halloween party will be on 10-30- 2013 from 6 PM to 8 PM at the Town School.

3. Basketball registration is ongoing.

4. Both Northwood and Dewey will soon be winterized.

5. The Fire Department will pump more water out of the pool.

Mr. Rod Viens, Vice President of groSolar, met with the Board and scheduled the use of the Town Hall basement for a community informational meeting on November 13, 2013 at 6:30 P.M. to 7:30 P.M. regarding his company's proposed solar facility planned for land located off the Cold River Road. Mr. Viens told the Board that groSolar is a Vermont based company.

Mr. Viens told the Board that his company has filed for a Certificate of Public Good(CPG) with the Public Service Board. He said the CPG process does not require he meet with the Town. However, he said he wants to have a cooperative relationship with the Town. He said the purpose of the November 1 3th meeting is to show the plans and get feedback. Mr. Viens said his company also has an office in Maryland. He said the company started in Vermont in 1988.

Town Administrator: Mr. Joseph Zingale reported:

  1. Informed the Board that he and Mr. Hathaway had each investigated storm water discharges concerns cited in an illicit discharge report submitted to the Town by Stone Environmental, a company hired by the State of Vermont, to assess storm water discharges in the Town of Rutland as part of the Town's MS4 permit.

Mr. Zingale told the Board that a catch basin at the Holiday Inn had tested positive for "optical brighteners", which was most likely from detergent. He said upon further investigation he learned that two motorcycle events were held at the Holiday Inn during the summer and that a washing station was set up over the catch basin at issue. Mr. Zingale said the detergent from the washing is most l likely what was detected in the catch basin.

Mr. Hathaway informed the Board that he had discovered a septic discharged line connected into a Town storm water culvert. He discussed the matter with the Board and will instruct the owner to remove the line from the culvert.

Mr. Hawley read a letter from Mr. Tom Johnson, owner of Johnson's Energy, regarding the Board relinquishing a sewer line easement on the Johnson property. Mr. Johnson thanked the Board for their action.

Mr. Rhodes informed Board members that the State of Vermont last week issued a permit, which will allow digging in the road R-O-W in order to install a water line to the Fire Station.

Mr. Howard Burgess, Chairman of Fire District #1, met with the Board regarding a water line inspection agreement to hire an engineer to inspect and report to the State of Vermont, regarding the 8 "water line installation. Mr. Burgess said the Board and the Fire District need an agreement before the work can begin. Mr. Burgess read from a letter submitted by Mr. Don Marsh, an engineer working on the project.

Mr. Rhodes asked Mr. Burgess if Mr. Mark Youngstrom would be available to inspect the water line. Mr. Burgess said someone in Mark's office could be available. Mr. Rhodes said the Board may decide later to withhold the money allocated for three Don Marsh inspections.

Mr. Burgess said Mr. Don marsh should have taken the bull by the horns and handled the matter from the beginning. Mr. Rhodes asked Mr. Burgess if the Fire District would agree that the Town would pay to have Mr. Youngstrom or someone from his office present 2 to 3 hours a day while the line is being installed.

Mr. Dicton said the Board should go back on Black River Design because of the liability and cost resulting from the water line confusion. Mr. Chioffi made a motion to authorize the Fire District to contract with Mark Youngstrom, at our expense, and make him make

a submission of approximately what the cost will be, so we can have some idea of that. And to have this happen as soon as possible so the project can move forward. Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Rhodes said Mr. Youngstrom should submit his invoices to Mr. Zingale, who would

submit to the Board.

The Board reviewed packet correspondence.

Mr. Hawley moved to close the meeting at 7:55 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.