MINUTES: May 23, 2013

Board members present: Steve Hawley, Stanley F. Rhodes Ill, Joe Dicton, John Paul Faignant and Don Chioffi

The Meeting opened at 6:40 P.M.

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

Mr. Hawley move to accept the May 7, 2013 minutes as presented. Mr. Faignant made a second to the motion. The motion passed unanimously.

Clerk & Treasurer: Ms. Marie Hyjek reported:

1. She is waiting to hear from Black River Design regarding the spending schedule.

2. Informed the Board they could extend the Fire Station bond to 30 years. The Board chose not to extend the bond.

3. Told the Board the School Budget was defeated by 12 votes.

4. Has put property tax bills on hold. Would have to double bill town residents if the School budget does not pass. Ms. Hyjek said all election expenses would be billed to the Town school.

5. The Town Clerk's office will be closed the 27th for Memorial Day.

6. Cited the Sheriff's report she provided to the Board.

7. Told the Board the delinquent Tax report is higher than last year. Ms. Hyjek said the amount is about $50,000.00 to $60,000.00 higher than last year.

8. Cited the engagement letter regarding the annual Town audit. Ms. Hyjek told the Board the charge is the same as last year. Ms. Hyjek said the agreement requires the Chairman's signature and her signature. The cost to do the audit would be $12,620.00, according to Ms. Hyjek. Mr. Hawley moved to have the Town Clerk sign the letter of engagement with A.M. Peisch auditing services. Mr. Faignant made a second to the motion. The motion passed unanimously.

  1. Informed the Board there are 51 dogs in town that are not registered. Ms. Hyjek said she made courtesy calls and mailed out letter to remind individuals to icense their dogs. Ms. Hyjek said the list of unregistered dogs will be turned over to Ted Washburn. Mr. Faignant moved to turn the warrant of unregistered dogs over to Captain Washburn. Mr. Dicton made a second to the motion. The motion passed unanimously.

10. Told the Board that Russell Graphics has started to update the Town's maps. Mr. Rhodes said the fee is $2,250.00 and $700.00 to update the shape file. Mr. Hawley moved for the Chairman to sign the Russell Graphics agreement for the map update. Mr. Faignant made a second to the motion. The motion passed unanimously.

Transportation Council & SWAC: Charles Shields reported:

1. Told the Board that the Transportation Council would meet on Thursday night.

  1. Cited the passage of H262 (Paint recovery) Bill. Mr. Shields said paint sellers will now be required to take back unused paint for recycling.

    Town Road Commissioner: Mr. Byron Hathaway reported:

1. Paving work is underway.

2. Questioned the Board regarding the Town Personnel Policy. Mr. Hathaway questioned if there is going to be a meeting for individuals to ask questions regarding the policy. Mr. Hathaway cited the fact that there is a statement on the sign-off sheet stating the individual has had a chance to get their questions answered. The Board said a meeting would be scheduled.

  1. Told the Board he would be taking Thursday and Friday of as vacation days.

    Captain Ted Washburn and Chief Dumas Reported:

1. Mr. Washburn told the Board that the Department had received 10 calls for service over the past two weeks. He said the total for the year for is 113 criminal complaints. Mr. Washburn cited the types and number of on-going cases he is presently processing.

2. Told the Board he had not heard from the Mendon Constable regarding Killington Avenue / Townline Road intersection matter.

Mr. Dicton said the Town is not immune to what is happening in the City. Mr. Chioffi said it also shows we are on top of it. Mr. Rhodes said that as the City cracks down they are pushing it to the outskirts.

3. Chief Dumas told the Board that he would like to hire Captain Washburn full-time in the near future. Mr. Dumas said the move could come in a month or so. Mr. Dumas said he would reduce the Sheriffs Department time to stay with in the budget.

4. Chief said he is still trying to get Mr. Gamble up to speed with NCIS.

5. Chief Dumas suggested the police Department use the room behind the Select Board room as a Police office. Mr. Dumas said the Department will need a place to store confiscated weapons and drugs. He said he would like to purchase a gun safe to put in the back room.

Mr. Rhodes said Captain Washburn would be working fourteen hours more and that his pay would stay the same. Mr. Dumas said he would drop one of the Sheriff's down to 40 hours now that captain Washburn will be full-time. Mr. Rhodes said the Board would make the decision regarding the Sheriffs hours.

Mr. Rhodes told Chief Dumas to report back to the full Board and that the Board would decide what goes to the Police Committee.

Recreation Director: Mike Rowe reported:

1. Thanked all the individuals that help set up the new recreation equipment at Del Bianco Park at Dewey Field.

2. Baseball is in full swing.

3. The pool is being cleaned and should be open on June 8, 2013. Mr. Rowe said pool registration will be on May 30, 2013 from 5:00 PM to 7:00 at the pool.

Mr. Rhodes cited a $32.00 expenditure from the Recreation depreciation account. Mr. Rhodes said the $32.00 should not have been taken from the depreciation just because there is money in the account. Mr. Rhodes said if Recreation is allowed to do so then the Fire Department would also want to spend Fire Department depreciation account money. Mr. Rhodes said Mr. Rowe should have found another account to cover the expense.

Regional Planning Commission: Mr. Fred Nicholson reported:

Not Present

Planning Commission: William Matteson reported:

Not Present

Mr. Hawley read the notice for the sale of the Center Station garage doors. The following bids were submitted:

Door #1 Door #2 Door #3 Door #4

Village Car Wash $950.00 $950.00

Kim Elnicki $635.00 $635.00

Hathaway Farm $50.00 $50.00

Denardo Farm $447.75 $185.75

Francis McGinnis $213.00 $213.00 $226.00*

The Board discussed the McGinnis bid and determined it was not acceptable because Mr. McGinnis bid on a door size not offered by the Town. Mr. Faignant moved award Doors #1 & #2 to the Village Car Wash, Door #3 to the Hathaway Farm and Door #4 to the Denardo Farm. Mr. Dicton made a second to the motion. The motion passed by a vote of 4 to 1. Mr. Chioffi voted in the negative.

The Board and Ms. Hyjek discussed where the money from the sale of the doors would be deposited. It was decided to put the money in the Fire Budget after July 1st.

Fire Chief Mr. Joe Denardo reported:

1. Will have a conference call tomorrow evening regarding which if any items are to be put back into the Center Station construction plans. Mr. Denardo said approximately $40,000.00 for be added to the project.

2. Told the Board equipment will moved on May 29, 2013.

3. The fire alarm at the Center Station has been disconnected and will be connected at the temporary location.

4. Mr. Denardo said the next meeting with Black River Design Architects would probably be the last meeting with the Fire Committee. He said the Clerk-of-the- works would be taking over.

5. Told the Board the last couple of weeks have been very busy for the Fire Department.

6. Told the Board that engine #4 is back in service. Mr. Denardo said Dingee Machines has been working directly with the VLCT regarding the damaged vehicle.

7. Said construction of the new truck is proceeding as planned.

Mr. Larry Courcelle, Town of Mendon Select person, met with the Board regarding working cooperatively to address the Killington Avenue/Townline Road/Notch Road intersection safety concern.

Mr. Courcelle told the Board that his Board is responding to residents safety concerns. He said the individuals would like improvements made to the intersection to make it safer. Mr. Courcelle said Mendon has requested assistance from the Rutland Regional Planning Commission.

He said, according to Ms. Susan Schreibman, VTrans will do a Traffic safety audit at no charge. Mr. Courcelle cited a letter from the Mendon Select Board Chairman to Mr. Rhodes expressing a desire to work with Rutland Town on the matter.

Mr. Courcelle said, according to Ms. Schreibman, if a traffic safety audit is done and the recommendations are not implemented then there would be liability. Mr. Courcelle suggested that VTrans could do a minor intersection study or the Town Road Commissioners and the Mendon Town Constable address the problem.

Mr. Courcelle said Mendon would contact an attorney at VLCT and see what the lawyer has to say regarding the matter. Mr. Courcelle said to date Mendon has put up a second stop sign to alert motorist. Captain Washburn told Mr. Courcelle that he had left a phone

message for Mendon Constable Scott Bradley and that he has not received a reply.

Mr. Washburn told the Board that the stop bars at the intersection are not visible and need to be put back down. He said there could be a line-of-sight issue coming from the Town line side to Killington Avenue.

Mr. Dicton said the Police Committee hope to look at the intersection. Mr. Dicton said the hope is to mitigate the problem with out having to do the audit. Mr. Rhodes said Mr. Courcelle should have the Mendon officials work with the Board's Police Committee.

The Board considered the Watershed Consulting Associates LLC storm water master plan management plan agreement. Mr. Hawley cited a condition on page five which gives Watershed Consulting ownership of the documents. Mr. Hawley said the Town

should own the work product.

Mr. Faignant cited the risk allocation paragraph and said he objects to its inclusion in the contract. He said it is not a full mutual indemnification. He said the Town is not protected with the risk allocation. Mr. Zingale will address the matters with Mr. Andres

Torizzo and get back to the Board.

Town Administrator: Mr. Joseph Zingale reported:

1. Presented the US RT 7 Highway Access Master Plan for approval. Mr. Zingale explained that the Board had previously reviewed the changes but had not voted to approve the Plan. Mr. Zingale said the State Transportation Board (TBoard) is waiting for the Board to approve the Plan before the Tboard accepts the Plan. Mr. Hawley made a motion to approve the US 7 Highway Access Master Plan. Mr. Faignant made a second to the motion. The motion passed unanimously.

2. Mr. Hawley read the thank you letter to be sent to OMYA for their donation of the old Clarendon and Pittsford Rail line located behind the Center Rutland Fire Station.

3. Presented the Crowley Brothers Memorial Road Race request for approval. Mr. Zingale informed the Board that the Town had received the necessary insurance certificate. Mr. Chioffi moved to approve the request. Mr. Dicton made a second to the motion. The motion passed unanimously.

The Board reviewed packet correspondence.

Mr. Rhodes cited the Local Option Tax revenues notification letter from the State Tax Department. Mr. Rhodes said the Town generally expects to get $860,000.00 annually. Mr. Rhodes said $860,000.00 would reduce the tax rate by a dime. He said a penny raises $86,000.00 on the Grand List.

Mr. Rhodes said the Vermont Railway Association Historic sign dedication would take place on Thursday May 30th at 4:00 PM on Depot Lane.

Mr. Faignant moved to approve the May 13, 2013 minutes. Mr. Hawley made a second to the motion. The motion passed by a vote Of 4 to 0. Mr. Dicton abstained from the vote.

Mr. Chioffi said the Police Committee would like to get approval to spend an amount not to exceed $1,500.00 to make renovations for the new Police Department office. Mr. Hawley moved to authorize the Chief to spend up to $1,500.00 to oufit an office for the Police Department. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Shields encouraged the Board to watch the last Planning C omission meeting, which addressed rights the Town has in PSB proceedings such as "solar farms".

Mr. Chioffi questioned the Board regarding voting to increase Captain Washburn's time by 14 hours. Mr. Rhodes said the Board had already voted to do so. Mr. Rhodes said starting July 1 Captain Washburn will be 40 hours per week.

Chief Denardo informed the Board that residents adjacent to a wooded lot off West Ridge Terrace, which has downed trees on the property, would like the Board to send the owner a letter requesting the property be clean-up. Mr. Denardo said he has a fire hazard concern with the downed trees on the property.

Mr. Rhodes said, to a lesser degree, there are similar scenarios all over town. Mr. Zingale cautioned the Board from telling the lot owner to clean up his lot.

Mr. Faignant moved to adjourn the meeting at 7:50 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.