MINUTES: November 5, 2014

Board members present: Steve Hawley, Mary Ashcroft, Don Chioffi and Joe Dicton

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

Mr. Hawley announced that Mr. John Paul Faignant, Mr. Sherman Hunter and Fire Chief Frank Cioffi would not be in attendance.

The Board reviewed the minutes of October 22, 2014. Ms. Ashcroft moved to accept as printed. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 0 . Mr. Chioffi abstained from the vote.

The Board reviewed the minutes of October 9, 2014. Ms. Ashcroft moved to accept as printed. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 0 . Mr. Hawley abstained from the vote.

The Board reviewed the minutes of October 24, 2014. Ms. Ashcroft moved to accept as printed. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 0 . Mr. Chioffi abstained from the vote.

The Board took questions from the floor.

Town resident Pastor Mark C. Nowakowski told Board members that he and his wife live at the Rutland Town Apartments and that it is very difficult crossing Business Route 4. Mr. Nowakowski also told the Board that he and his wife walk with canes and that they would like a crosswalk installed so they can safely cross Business Route 4.

Board members discussed the difficulty crossing Business Route 4 with Mr. Nowakowski and instructed Town Administrator Mr. Joseph Zingale Jr. to contact the City of Rutland regarding installing a crosswalk at the Ripley Road / West Street intersection.

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: 35

-Types of calls assigned

Public Speaking, Directed Patrol, Juvenile Problem, Information, Motor Vehicle Complaint, Theft, Motor Vehicle Crash property damage, Illegal Burn, Residential / Business Alarm, Agency Assist, Service of Abuse Prevention Order, 911 Hang up and Trespassing.

Closed Cases: 35

Motor Vehicle Stops: 7

  1. Chief Dumas: 7.5

  2. Captain Washburn: 50

  3. Officer Gamble: 32

Total number of Admin hours: 60.5

  1. Chief Dumas: 42 (28.5 Admin, 13.5 Training)

  2. Captain Washburn: 10.5 (4 Training, 6.5 Admin)

    Officer Gamble: 8 (4 hrs. Training, 4 Admin)

Special announcements:

This week (11/3 – 11/7) Chief Dumas and Captain Washburn are attending Death Investigation School. After completing this one week course and required hours of further training, Chief Dumas and Captain Washburn will be able to investigate any Death within the Town of Rutland.

The License Plate Reader grant which was applied has been returned to Rutland Town PD and the equipment has been ordered.

Starting November 12th, the cruisers will be brought one by one to have the graphics installed. Chief Dumas also reported;

Ms. Ashcroft requested radar patrol for the Creek Road. Mr. Dumas said he would have Mr. Jim Gamble respond to her request.

Mr. Chioffi said activities on the McKinley Avenue circle are heating up. He requested police patrols.

Mr. Chioffi reported that he and Mr. Dicton had held a Police Committee meeting at which Police department staffing was discussed. Mr. Dicton said there was a long discussion regarding the need for a full-time Resource Officer at the Town School.

Mr. Dicton told Board members that Captain Washburn will submit a grant application seeking a three year School Resource Officer (SRO) to be based at the Town elementary school. Mr. Dicton said the SRO would work as a member of the Town Police Department under Chief Dumas when he is not working at the school. Chief Dumas said the grant application will be submitted in March.

Mr. Matteson questioned how the individual would be paid at the end of the three years. Mr. Dicton said the Board will ask the School Board to help out with the SRO pay or may apply for additional grant money.

Mr. Chioffi said the new $28,000.00 license plate reader was paid totally with a grant submitted by Captain Washburn.

Town Fire Chief Mr. Frank Cioffi reported:

  1. Not present.

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

  1. Not Present

Town Representative to the Solid Waste Alliance Communities Mr. William Matteson reported:

  1. Informed the Board that the SWAC quarterly meeting will be the following week.

  2. Mr. Matteson cited a new Act 148 civil penalty allowing up to an $85,000.00 enforcement fine to be applied. Mr. Matteson said in the case of a continuing violation a total of $42,000.00 a day can be charged. Mr. Chioffi cited the fact there is a $500.00 fine for littering yet no tickets are ever issued.

Town Road Commissioner Mr. Byron Hathaway reported:

  1. He told the Board that he met earlier in the day with Regional Planner Ms. Susan Schreibman and began developing a Complete Streets game plan for the whole town.

    Mr. Hathaway requested a Complete Streets committee be created with at least one Select Board member as well two individuals from the Planning Commission serve on the committee. Mr. Hathaway said Ms. Schreibman plans to meet with the Planning Commission to explain Complete Streets.

    He said she will address; the Complete Streets law, how it affects communities and what's involved with complying with Complete Streets standards. Mr. Hathaway said a committee should be formed after Ms. Schreibman speaks to the Planning Commission.

    Mr. Hathaway said the committee would probably meet about six times. He said the committee would look at the entire town and then prepare a map addressing needs in the Town. Mr. Hathaway said the committee would make recommendations regarding Complete Streets improvements. Mr. Hathaway said presently Complete Streets is a State law and not a Federal requirement.

    Ms. Ashcroft asked if there are any State grants being offered as carrots to Towns to plan for Compete Streets. Mr. Hathaway said grant funds are available only through the Transportation Alternatives program. Mr. Hathaway said he has a book listing the types of projects available for funding under Complete Streets.

    Mr. Hathaway said the next step would be for Ms. Schreibman to do a presentation before the Select Board and Planning Commission. Mr. Hathaway said he feels the new committee is needed since presently he is the only one making decisions regarding road improvements. He said there should be community wide involvement in such decisions. He said it takes the decision making completely off his shoulders.

    Mr. Hathaway told the Board that Town resident Mr. Ted Shadduck will participate on the committee even though he will be in Florida for the winter. Mr. Hathaway said the only time the Town has to deal with Complete Streets is when a road is being reconstructed.

Mr. Zingale cited the fact that the Complete Streets committee as described would not be a public body and therefore would not have to post their meeting schedule and keep minutes. Ms. Ashcroft said the complete Streets Committee could be a sub-committee of the Select Board.

    1. Mr. Hathaway said the best way to deal with the stumps behind the Fire Station is to use a chain saw to cut the stumps and then bring in top soil to level the land and make a lawn.

    2. Mr. Hathaway reported that he had met with Mr. Red Grover regarding the paving and planned road dedication of the unaccepted section of Grover Drive to the Town.

      Mr. Hathaway said Mr. Grover's intention is to have the road paved and offered to the Town this fall. Mr. Hathaway said Mr. Brownson Spencer will provide the Town with a road construction report and will also certify as to the Road's construction. Board members discussed the matter further and took no action.

    3. He told the Board that the salt shed is full and ready for winter.

Mr. Hawley read a letter of acknowledgement submitted by Phelps Engineering regarding their selection as the successful bidder for the Cold River Road sidewalk project design.

Ms. Ashcroft made a motion for the Chairman to sign the contract with Phelps Engineering as presented. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Hathaway will meet with the Highway Committee at 5:45 PM on November 18, 2014 to discuss his proposed budget.

Town Recreation Director Mr. Mike Rowe reported:

  1. The Halloween party was a big hit. He thanked the 7th & 8th grade classes for their help and he also thanked Dick's Sporting Goods.

  2. Grades 3 through 6 basketball registration is on going.

  3. Mr. Rowe thanked the Town Highway department and Mr. Bill Bauer for their assistance regarding the baseball field at Del Bianco Park.

  4. Told the Board that both Parks have been winterized.

  5. He informed the Board that he planned to work with efficiency Vermont to replace the lighting at Del Bianco Park.

  6. Mr. Rowe told the Board that he has offered the use of the Town Pool to the

    Rutland City Swim Team due to problems with White's Pool. Mr. Rowe said about

    50 Town residents are on the City Swim team. He said he alter the Northwood Pool schedule to accommodate practice for the swim team. Mr. Rowe said he will negotiate a fee for the use of the Town pool.

    Mr. Rowe said the swim team would practice from 7:30 A.M. to 9:45 A.M. Mr. Rowe said if the Town provides lifeguards the charge would be included in the fee. Ms. Ashcroft informed Mr. Rowe that the Boys & Girls Club also uses Whites Pool. Mr. Rowe said he has not been contacted by the Boys & Girls Club.

  7. Mr. Rowe cited a request for bids he plans to advertised regarding replacing the Dewey Field tractor which is 20 years old. Mr. Rowe said the money would come from the depreciation budget and it would be for the current year. Mr. Rowe said the Town would get about $700.00 for the existing tractor.

    Mr. Rowe said the total costs for the new tractor would be $11,500.00. Mr. Rowe and Mr. Zingale will prepare an advertisement notice.

Town Clerk & Treasurer Ms. Donna Zeller reported:

  1. The mailbox is in and will be put up in a couple of days.

  2. Ms. Zeller told the Board that she has sent out the 3 quarter water and sewer bills and that she is working with Mr. Zingale regarding the delinquencies.

  3. She informed Board members that the deadline for submitting items to the Circle is November 21, 2014.

  4. Ms. Zeller informed Board members that he office will be closed on November 11th for Veteran's Day.

  5. Ms. Zeller thanked Mr. Chioffi, Mr. Marty Wasserman and Ms. Anita Duch for their assistance with the recent election.

  6. Ms. Zeller said there are 12 Republican Justice of the Peace and no Democrats. Ms. Zeller said Ms. Lori Mesli is the closest Democrat, who finished two votes behind Mr. Jim Hall.

  7. Ms. Zeller told the Board she is keeping up with the property transfers but that she has fallen behind with land records. Ms. Zeller said the land records take a lot of time to type. She said because she does not have the time to do the typing she is investigating hiring a person to work one day a week typing land records.

Ms. Zeller told the Board that the individual presently works as a CAD Drafter for Marble Valley Engineering, where she used to work. Ms. Zeller told the Board that Marble

Valley officials feel the work with the Town would be a conflict of interest.

Ms. Zeller said the individual would photo copy the land records, type up the cards and file the cards. Ms. Zeller told the Board she sent an email to Attorney Mr. Kevin Brown on the matter but that she had not yet received a reply from Mr. Brown.

Ms. Zeller said the new hire would not have access to money or perform any Assistant Clerk tasks. She said the work would strictly be typing and filling. Ms. Zeller and the Board discussed the matter further and expressed no problem with the proposed hire.

Ms. Zeller said because she is receiving 10% less in pay than Ms. Hyjek had received, there is 10% available to pay for the land record typing and filling work. Ms. Zeller said she will talk to Board members at budget time regarding two full time persons working in the Clerk & Treasurers office.

Ms. Zeller said the Town needs a separate full time Clerk & Treasurer positions to perform the proper checks and balances.

    1. Ms. Zeller told Board members that two BCA grievance hearings need to be scheduled. Ms. Zeller and the Board scheduled the hearings for Monday December 1, 2014.

    2. Ms. Zeller suggested the Board consider replacing the four thermostats on the fist floor in the Town Hall to more energy efficient thermostats. The Board discussed the matter and instructed Mr. Zingale to contact Johnson Energy to do the replacement work.

    3. Ms. Zeller discussed possible using HAVA at the Town School in order to to post timely election results. Mr. Chioffi suggested the old voting booths at the Town school be replaced. He also suggested the Town give out buttons that say “I voted”. He said it would encourage greater participation. Ms. Zeller will look into purchasing buttons.

Town Administrator Mr. Joseph Zingale Jr. reported:

  1. He requested an executive session at the end of the meeting to discuss easement negotiations with a Town landowner.

  2. He informed the Board that a meeting has been scheduled for December 9, 2014 in Montpelier regarding the proposed changes to Cop John Drive. Mr. Zingale said VTrans officials as well as representatives for the proposed Rutland Commons development would be in attendance.

    Mr. Zingale used the projector and showed a photo of Cop John Drive and a photo of a relocated Cop John Drive. Board members, Mr. Zingale and those

    present discussed the proposed change to Cop John Drive. Mr. Zingale said that Mr. Bob Chamberlain, the Town's traffic consultant from Resource Systems Group, said Cop John Drive needs to be relocated to avoid a new dog leg intersection which will occur when the Rutland Commons access is made to Holiday Drive.

    Mr. Zingale told Board members that Saxon Partners have said they would direct $100,000.00 planned for the installation of new traffic lights on Cop John Drive, if the State of Vermont does not required the new traffic lights when the project is built. Mr. Zingale said that according to Mr. Chamberlain the new lights are not needed unless the northern end of the existing Cop John Drive is closed to traffic.

    mr. Zingale said that he has spoken with the owners of the Hampton Inn, Holiday Inn and the Aspen Dental complex and that no one is against the relocated road. Mr. Zingale showed on the picture where parking spaces would be lost and where new parking may be created.

    Ms. Ashcroft said the developer is under an Act 250 permit to put the light in and that the developer will need to get Act 250 to allow then to escrow the money for a period of time. Ms. Ashcroft said if the Town gets permission to relocate Cop John Drive then the light will not be needed.

  3. Mr. Zingale told Board members that he is aware of a company that is trying to encourage Town residents to purchase water line and sewer line insurance for their property. He said the Town of Rutland is not involved in the promotion. Ms. Ashcroft suggested Mr. Zingale contact the Banking & Insurance Commissioner or the Attorney's general office regarding the business.

  4. Mr. Zingale thanked Mr. Rowe for spending 2 hours and 51 minutes posting 70 “No Hunting, No Shooting, No Trapping signs around Northwood Park.

Mr. Hawley instructed Mr. Zingale to contact attorney Kevin Brown regarding the options for cleaning up the Flory Plaza.

Mr. Dicton told Board members that at a recent Police Committee meeting the Town Health Officer's position was discussed. He said the committee feels a member of the Town Fire Department should be the Town Health Officer because they have some medical training.

Mr. Hawley said because the Health Officer is also an enforcement position maybe someone in the Town Police Department should do the job. Ms. Ashcroft and Mr. Zingale cited the fact that the Town Health Officer is responsible for enforcing the Landlord / Tennant. Mr. Dicton said he will revisit the issue with the chief.

Town Transportation Council representative Mr. Martin Wasserman reported:

  1. Not Present

Board members discussed the Johnson Energy drainage problem and decided to turn the matter over to attorney Kevin Brown to determine who is at fault and who should pay to correct the problem. Board members also discussed the roof/ drainage/ planters problem at the new station.

Mr. Hathaway said he would move the planters, saw cut the pavement, run an 8” pipe to the ditch, then bring it back to the building and then connect the roof drains.

The Board reviewed packet correspondence. Board members discussed a proposed Education Funding proposal and decided to wait until there is a full Board before taking a vote.

Mr. Hawley cited correspondence from the Town attorney regarding what the Town can do to quarantine individuals. Ms. Ashcroft cited the fact there is a statute in place that would allow the Town Health to act.

Mr. Dicton informed Board members that he will be meeting with the Town School Board and he requested input from Board members as well as Mr. Hathaway and Mr. Dumas. Mr. Dicton said he would bring up the following items:

Mr. Hawley announced that the Board will return to holding regular meetings on Tuesdays.

Mr. Dicton made a motion at 9:28 P.M. to go into executive session to discuss an easement negotiations. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Hawley declared the executive closed at 9:34 P.M.

Mr. Chioffi moved to authorize Mr. Zingale contact Town landowner regarding a land swap for MS4 compliance. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Dicton moved to close the meeting at 9:35 P.M. Ms. Ashcroft made a second to the motion. The motion passed unanimously.