MINUTES: October 22, 2014

Board members present: Steve Hawley, Mary Ashcroft, Joe Dicton and John Paul Faignant

The meeting opened at 6:37 P.M with the Pledge of Allegiance.

Mr. Faignant requested that everyone present remain standing for a moment silence for Jason Allen. He said Jason was a longtime Town resident, he attended the Rutland Town School, was very active in the Rutland Recreation Department and for many years a sheriff assigned to Rutland Town.

Mr. Faignant said Jason Allen will be sorely missed and that Jason was a quality individual. All present observed a moment of silence in memory of Jason Allen.

The Board reviewed the minutes of October 8, 2014. Ms. Ashcroft moved to accept as printed. Mr. Faignant made a second to the motion. The motion passed 3 to 0. Mr. Dicton abstained from the vote.

The Board will consider the October 9, 2014 minutes until all the members who participated are present.

Town Transportation Council representative Mr. Martin Wasserman reported:

  1. He informed the Board that the Council had recently approved the Town Post Road sidewalk proposal.

  2. He said nothing dealing specifically with the Town is on the next agenda.

  3. Mr. Wasserman told Board members that he has requested that the Council change their practice of sending the minutes to the membership after they have been approved. He said he just recently received the September minutes.

Town SWAC Representative Mr. William Matteson reported:

  1. Mr. Matteson told the Board that the Planning Commission began discussing Land Use at their last meeting.

  2. He told the Board that there will be an informational meeting on November 10th to explain variable rate structure. He said the meeting will be held at the Rutland Hospital.

  3. Mr. Matteson asked if SWAC could use the new Fire Station meeting room for their November meeting. Town Fire Chief Mr. Frank Cioffi said there are still issues being discussed with the project architects. He said a couple of items have yet to be completed.

    Mr. Dicton asked if SWAC could meet at the Town Office instead of the new Fire Station. Mr. Matteson said SWAC would meet at the Town Office if the new Fire Station is not available.

Mr. Wasserman questioned Mr. Dicton regarding the flower beds being constructed at the new Fire Station. Mr. Wasserman said he thought the beds were to be drained into the ground. However, Mr. Wasserman said the flower beds have be set on top of a concrete slab.

Town Fire Chief Mr. Frank Cioffi reported:

  1. He informed the Board that he had spent three and a half hours with Station's architect and discussed outstanding issues. Mr. Cioffi said the architect has a list of what needs to be done. Mr. Chioffi said the architect is aware that some things are not working correctly. He said the architect will email the Chief a list of what remains to be addressed based on their meeting.

  2. Chief Cioffi told the Board that the water is not draining into the ground. He said the drainage became a problem when the grass in front of the station was eliminated and paved instead. He said the building was designed to shed water into a specific location where it would drain into the grass.

    Mr. Cioffi said the planter will have rocks in the base and drains in the bottom so the water can drain out of the planters. He said a drain will also be placed across the front roof, which will direct water directly into the planters.

Chief Cioffi said at some point the pavement will have to be removed and rock placed in the ground for drainage. Mr. Dicton said he is concerned the planters will be damaged by water freezing and thawing inside the planters.

    1. Mr. Cioffi said he would be meeting with the engineer who designed the HVAC System. Mr. Cioffi told the Board that the architect knows there is a major problem with the HVAC system.

    2. Mr. Cioffi told the Board that the CO detector in the garage is not working correctly.

    3. Chief Cioffi told the Board that according to the roof inspector said there is no damage to the roof, what so ever.

    4. Chief Cioffi requested approval to send a fire truck to a parade in Bristol. Mr. Faignant moved to approve the request. Ms. Ashcroft made a second to the motion. The motion passed unanimously.

    5. Mr. Dicton questioned Chief Cioffi regarding the status of the Johnson Energy drainage problem. Mr. Chioffi said the architect is aware of the issue. Mr. Chioffi told the Board that he read in Mr. Stan Rhodes journal that the contractors on site were aware of the drainage problem when the building was under construction.

    Mr. Hathaway told the Board that he could cut down the stumps and cover the remaining stumps with four or five inches of top soil and make the area a nice lawn, regarding Mr. Keith Macintyre's request for the Town to remove the tree stumps on his side of the new fence behind the Joseph J. Denardo Fire Station.

Town Representative to the Rutland Regional Planning Commission Mr. Sherman Hunter reported:

  1. Mr. Hunter told the Board that the RRPC reviewed Act 250 and an Act 248 permit applications the previous evening. Mr. Hunter said the Act 250 application pertained to the Towns of West Haven and Benson and involved the extension of an electrical utility for a residential customer. He said the RRPC approved the application with reservations.

    Mr. Hunter said there are reservations because once the owner receives Act 250 approval the owner would be able to subdivide the property around the land subject to the permit.

    Mr. Hunter said the Act 248 application is for a solar installation proposed for the West Proctor Road in Proctor, across from the Wilson Castle. Mr. Hunter said the solar project is a group net metering project. Mr. Hunter said the Town of Proctor and the Rutland Central Supervisory Union will develop the project.

    Mr. Hunter said the application was lacking information such as the distance to a historical site. Mr. Hunter said the applicants also did not submit a simulation of how the site would look with the project. Mr. Hunter said the application was returned pending additional information.

    Mr. Hunter said the RRPC also spent time working on a few chapter of the Rutland Regional Plan. He said the RRPC addressed flood resiliency and

    Transportation issues such as corridor planning and roads and bridges. Ms. Ashcroft inquired if the proposed natural gas pipeline was discussed in the corridor section. Mr. Hunter said there was mention of the gas pipeline but nothing was officially done.

    Mr. Hunter told the Board that the RRPC now has a new Energy Committee. He said the committee met for the first time the previous night. He said the RRPC members on the committee are organizing and designating officers and have as a priority to learn more about the Public Service Board procedures. He said the Energy Committee will meet twice a month.

  2. He told the Board that a University of Vermont professor had spoke at the RRPC meeting regarding climate change. Mr. Hunter said we know it is happening. Mr. Hunter said we know that it has been changing for the past 100 years and that it is a little more rapid now.

    Mr. Hunter said the professor addressed both the advantages and disadvantages of climate change. He said the professor's message is that we need to try to look ahead and plan for the future. He said in the future Vermont could have crops more conducive to a warm environment.

    Mr. Dicton questioned Mr. Hunter as to who raised the historical setback question regarding the proposed West Proctor Road solar development. Mr. Hunter said the planner who made the presentation raised the question. Mr. Zingale said he thinks the question is an application requirement.

    Mr. Faignant asked if the proposed solar facility would be in the valley. Mr. Hunters said it would be in the vicinity of the tower.

Mr. Hawley called the second Select Board Town Plan Adoption hearing to order at 7:00 P.M. Ms. Ashcroft told those in attendance that following the first public hearing she spoke with Regional Planner Ms. Laura Keir and discussed the comments submitted to the Town from the RRPC.

Ms. Ashcroft said many of the comments from the RRPC were positive. Ms. Ashcroft suggested four changes based on her meeting with Ms. Keir.

Ms. Ashcroft read her proposed language regarding: page 2, add dates of Town Plan public hearings before the Planning Commission and Select Board as well as cited the fact all meeting were shown on local access television, page 5, add the statement that Town of Chittenden adopted a Town Plan in 2010, page 25, add the Town is a member of the SWAC, page 45, add to encourage and strengthen agricultural and forestry industries including sound forestry and agricultural practices and value added products.

Ms. Ashcroft said that according to Ms. Keir the Town has a very good plan. Ms. Ashcroft recommended her proposed changes be adopted. Mr. Dicton said he fully supports the proposed Town Plan. He said the Planning Commission and Ms.Ashcroft did good work.

Mr. Hawley directed Mr. Zingale to warn a Board meeting to consider the adoption of the Town Plan on Friday October 24, 2014 at 4:00 P.M. Ms. Ashcroft moved to adopt the proposed changes. Mr. Faignant made a second to the motion. The motion passed unanimously. Mr. Hawley declared the hearing closed at 7:10 P.M.

Town Road Commissioner Mr. Byron Hathaway reported:

  1. He informed the Board that he plans to meet with the engineer representing the Grover development regarding offering Grover Drive to the Town for acceptance. Mr. Hathaway told the Board he planned to meet with Mr. Brownson Spencer, P.E. to discuss ditching or drainage issues.

    Mr. Hathaway said if the section of Grover Drive is accepted it would make a complete public road for the entire loop. Everyone was in agreement that completing the connection to the approved section of Grover Drive is desirable for public safety. Mr. Hathaway said Mr. Spencer would be signing off for the developer regarding the road.

    Mr. Hathaway cited the fact the several homes on the unapproved section of Grover Drive have not received Road Access permits from the Town. He said it would be good to have all of the homes under the Town permit.

  2. Mr. Hathaway told the Board he has set up a meeting with Ms. Susan Schreibman and Mr. Ted Shattuck regarding developing a generalized large map of the Town for guidance in dealing with Complete Streets requirements.

    Mr. Hathaway said such guidance would help him when planning future construction and with complying with Complete Streets requirements. He said the map would be reviewed by the Town Planning Commission who would offer input.

    Mr. Hathaway said Complete Streets deals with making roadways to all forms of transportation such as bicycles, pedestrians or horseback riders. He said anytime a road is reconstructed he is under a State law mandate to bring the road into compliance. Mr. Hathaway said there is no stick to go along with the law.

    Mr. Hathaway speculated the Complete Streets mandate may become a Federal law attached to Federal highway money. Mr. Zingale said Complete Streets federal legislation was introduced and defeated in 2009 and that the prospect for

    approve is less than 20%, according to what he has read. Ms. Ashcroft said she would like to participate on the committee. Mr. Hathaway said the meeting is scheduled for November 5, 2014 at 9:00 A.M. at the RRPC.

  3. Mr. Hathaway presented the engineering proposals he has received regarding the construction of a sidewalk on Cold River Road from the Adele Stanley apartments to U-Haul.

    Mr. Hathaway told the Board that Marble Valley Engineering understood the area is located within the MS4 designation. He said he called the Dufresne Group and Phelps Engineering and asked if their they would have any problems or issues because it is an MS4 area.

    He said the Dufresne Group said it would not increase their cost and that Phelps Engineering said it could result in a small increase. Mr. Hathaway told the Board that he would not make a recommendation because he had business dealing with Phelps Engineering.

    Board members discussed the matter with Mr. Hathaway and said they do not believe he has a conflict of interest. Mr. Hathaway said he recommends either the Dufresne Group or Phelps Engineering.

    Mr. Hathaway said Phelps Engineering comes in at about $7,954.00 maximum cost, the Dufresne Group at $8,300.00, Otter Creek Engineering at $9,200.00 and Marble Valley Engineering at $10,500.00. Mr. Hathaway said the Marble Valley Engineering price is a flat-rate. Mr. Hathaway said all of the other submittals are a not to exceed number. Mr. Hathaway said Dubois & King Engineering bid $19,900.00.

    Mr. Faignant made a motion to approve Phelps Engineering submittal. Mr. Dicton made a second to the motion. Mr. Hathaway submitted correspondence to the Board. Ms. Ashcroft read from the submittal. Ms. Ashcroft said there would be $9,771.00 in carry over funds. Mr. Hathaway said there is the potential to have the money to build the sidewalk next summer. The motion passed unanimously.

    Mr. Dicton told Mr. Hathaway that he does not want any waivers granted in the Grover Drive Road acceptance. Mr. Dicton cited the fact that Mr. Hathaway previously supported a road for Town acceptance, that was not up to Town standard.

Town Clerk & Treasurer Ms. Donna Zeller reported:

  1. The lock box is installed.

  2. The quarterly reports are done and have been submitted.

  1. The mailbox is ready to order. Ms. Zeller said the mailbox will lock. Ms. Zeller said she and Mr. Hathaway picked out the mailbox which will be installed. Ms. Zeller said the if the Town does not want Saturday delivery then there will be no deliveries on Saturdays.

    Ms. Ashcroft asked if the mailing address for the Town hall is going to change. Ms. Zeller said the no the address is not changing. She said the Building is still 181 Business Route 4, Center Rutland, Vermont 05736.

    Ms. Ashcroft said she thought the Town has a P.O. mailing address. Ms. Zeller said she is not sure when the P.O. Box must be renewed. Ms. Ashcroft said she is concerned with tax bills and the mailing address. Ms. Zeller said as soon as the new mailbox is installed the Town will have mail forwarded for up to one year.

  2. Told the Board that she has met with Ms. Cheryl Scarzello,of the Rutland Central Supervisory Union, and that she would like to confirm the January 26, 2015 Town pre-budget presentation meeting date. She said final adjustments have to be made to the Town Budget prior to January 12, 2014.

  3. Ms. Zeller discussed the declaration of health care coverage form with the Board.

  4. She told Board members that direct deposit is available.

  5. Ms. Zeller told the Board that an individuals name was spelled incorrectly on the March Justice of the Peace ballot. Ms. Zeller said one of the two caucuses in Town gave here the name. Ms. Zeller said she is not allowed to change the name spelling. She said State election officials said it would be ok to post a list of the names at the polls, as they should appear on the ballot. Ms. Zeller said the mistake is a minor misspelling. She said there would not be a second election.

  6. Ms. Zeller said election night results will be posted online on the Secretary of State's web site.

Town Police Chief Mr. Ed Dumas reported:

These are the stats of the Rutland Town Police Department for the previous two weeks:

-Calls for service within this period: 34

- Total calls year to date in 2014: 704

-Types of calls assigned

Animal Problem, Directed Patrol, Public Speaking, Agency Assist, Safety Hazard, Service of Abuse Prevention Order, Suspicious Person / Circumstances, Motor Vehicle Crash property damage only, Driving License Suspended Criminally, VIN Inspection, Fraud, Burglary, Disorderly, Theft, Citizen Dispute, Welfare Check, 911 Hang-up, Family Fight and Residential / Business Alarm.

Closed Cases: 32

Motor Vehicle Stops: 11

  1. Chief Dumas: 8.5

  2. Captain Washburn: 49.5

  3. Officer Gamble: 41

Total number of Admin hours: 17

  1. Chief Dumas: 10.5

  2. Captain Washburn: 6.5

  1. Officer Gamble: 0

Special announcements: No special announcements

Chief Dumas told the Board that he plans to purchase a wearable recording device for the department. He said video from the camera would be kept in the department's safe. Ms. Ashcroft asked Chief Dumas if the department has a protocol as to when the recorder is started. Mr. Dumas said he is considering a policy for adoption. He said once adopted the policy would be in the department's manual.

Mr. Dumas said he needs to talk to the Police Committee regarding staffing. He said things are growing faster than what they can keep up with.

Town Recreation Director Mr. Mike Rowe reported:

  1. Mr. Rowe told the Board that soccer for the little kids ended the previous weekend. He thanked all of the coaches who participated in the program.

  2. He said basketball registration is on-going. He said forms are available at the Town Hall or on line at

  3. He told the Board that the Halloween party will be on Thursday October 30, 2014 from 6:00 P.M. to 8:00 P.M at the Town School.

  4. Mr. Rowe told the Board he had met with the Town senior group and that he requested they give him some ideas as to what the Recreation Department can do for seniors. Mr. Rowe said the recreation Department would pay for the seniors next group dinner or lunch. He said the group meets once a month except during the winter.

Town Administrator Mr. Joseph Zingale Jr. reported:

  1. Mr. Zingale reported to the Board regarding the status of the so-called Farrell Slip lane study being done by Resource Systems Group (RSG). Mr. Zingale said now that the Town has the data VTrans requested a hearing would be scheduled in Montpelier to meet with the transportation Board and VTrans.

  2. Mr. Zingale told the Board that Mr. Robert Chamberlain, the Town's traffic

  3. consultant with RSG, has some serious concerns regarding the proposed changes to the Rutland Commons project.

    Mr. Zingale told the Board that he scheduled a meeting for the following day involving the Rutland Commons consultants and Mr. Chamberlain on the telephone. Mr. Zingale said Ms. Ashcroft, Mr. Hathaway and Mr. Burgess plan on attending the meeting.

    Mr. Zingale said the Town needs to start talking to the developer about changes that need to be made to the road network and cost sharing.

  4. Mr. Zingale requested an executive session to present a real estate offer to the Board.

  5. Mr. Faignant moved to authorize Mr. Zingale to Post Northwood Park for No hunting, shooting or trapping. Ms. Ashcroft made a second to the motion. The motion passed unanimously.

  6. He told the Board he will be working with Mr. Rowe to permit and develop exercise trails in Northwood Park. Mr. Zingale told the Board that he had spoken with Mr. Bill Burke at Act 250 and that he had advised a permit may not be required if various departments within the Agency of Natural Resources do not require permits.

    Mr. Zingale said the Agency review would involve wetlands & deeryard as well as other natural features. Ms. Ashcroft said her Rotary Club could help with construction.

  7. Mr. Zingale informed the Board that the Town had received the 45 day PSB notice of intent for the New England Clean Power Link.

  8. Mr. Zingale reported to the Board on his progress regarding hanging plaques for the two previous Town Clerks and Treasurers in the Town Hall lobby. Mr. Zingale suggested the two large photos now in the lobby be returned to the families and the smaller photos, which would be the same size as the two new photos/plaques. He said one of the two large plaques on the lobby wall is glued to the wall.

The Board took no action on the SWAC proposed Variable Pricing ordinance.

The Board discussed the proposed public meeting space policy. Mr. Zingale told the Board that he had added a security deposit fee as directed by the Board. Ms. Ashcroft moved to adopt the Town of Rutland Municipal Meeting Room use Guidelines.

Mr. Dicton made a second to the motion. Mr. Hawley read the various fees:

Mr. Matteson said public groups should not be required to pay the fees. Mr. Hawley and Ms. Ashcroft said any group with Rutland Town membership should not be charged. Mr. Matteson cited SWAC as such a group. Mr. Faignant said just because the Town has a building available taxpayers shouldn't have to pay to let others use the building.

Board members discussed the matter further and took no action.

The Board reviewed packet correspondence.

Mr. Faignant made a motion at 8:27 P.M. to go into executive session to discuss a real estate transaction. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hawley declared the executive closed at 8:55 P.M.

Mr. Dicton moved to close the meeting at 8:57 P.M. Mr. Faignant made a second to the motion. The motion passed unanimously