MINUTES: May 7, 2013

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

The Meeting opened at 7:00 P.M.

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

Mr. Rhodes declared the bidding on the Fire Station officially closed. Mr. Rhodes opened the Center Station Construction bids:

Station Water line

VMS - $1,131,900. / $44,700

Russell- $1,205.000/ $43,620.00

Wright- $1,197.081/ $38,971.00

Naylor & Breen- $1,150,300/ $43,000.00

Architects Tracy Montminy and Rick Burroughs reviewed the submittals further. Mr. Burroughs and Ms. Montminy will work with the Fire Committee reviewing the bids and will report back to the Board.

The Board scheduled a meeting to discuss the bids for Monday May 13, 2013 at 6:00 P.M. at the Town Municipal Building.

Ms. Paula Baker and Meg Horrocks, Town representative to the Rutland Free Library, thanked Town residents for supporting the Library budget in March. Town funding help restore the Adult Services Librarian, according to Ms. Horrocks.

Ms. Horrocks suggested they may return a few times during the year to keep the Board current on the Library's implementation of its strategic plan. Ms. Baker told Board members that there are a lot of individuals that need the help of the Adult Services Liberian.

Ms. Baker told board that she recently helped a town resident file electronic documents with the Vermont Secretary of State. Ms. Baker said the individual needed her help in order to file documents on time. Ms. Baker said the way the Library assists individuals has changed since it opened.

Ms. Baker said that over the years the financial contributions from the Town of Rutland have made a difference in the level of services the Library can provide. Ms. Baker said the Library will now have uniformed hours and will open daily at 10:00 A.M.

Ms. Susan Schreibman and Mr. Kristen Hughes, from the Rutland Regional Planning Commission, met with the Board and provide an update regarding ongoing transportation planning.

Ms. Schreibman cited the 2009 Rutland Town / Clarendon US Route 7 Management Plan, which came up with the strategy of constructing a new road (west and parallel to US 7) to allow for local circulation and access and to preserve the capacity on US RT 7 as an arterial for through traffic.

Ms. Schreibman told the Board that in 2011 the City of Rutland raised issues regarding the plan. Ms. Schreibman said city officials want further study to analyze the traffic impact from the new road as it relates to the City of Rutland.

Ms. Schreibman said in 2012 the RRPC began working with Rutland City & Rutland Town regarding a local network traffic analysis. She said the review will consider traffic operations and safety associated with the new road. She said representatives from the Town of Rutland, the City of Rutland, VTrans and the RRPC will be working with Stantec on the study.

Ms. Schreibman told the Board that Stantec, with the help of the committee, is working to come up with the scenarios, which will be evaluated by a traffic model. She said Stantec would then come up with mitigation measures. She said City officials are concerned the traffic will be dumped into the south west neighborhood.

Ms. Schreibman cited the fact that Mr. Nicholson, Mr. Shields and Mr. Hathaway are all on the review committee.

Mr. Rhodes questioned if a new road would connect to the Cold River Road or Curtis Avenue in the City. Ms. Schreibman said the consultant will look at a road connecting to Park Street ( east and west of the tracks ) as well as coming out somewhere in the vicinity of the Cold River Road.

Mr. Rhodes said if the City is concerned then the road would stay in Rutland Town. Mr. Rhodes said the original scope was to connect to the Cold River Road. Mr. Rhodes said step two would be to consider extending into the City.

Ms. Schreibman said the consultant will look at several scenarios and will consider permitted and increased development and see what type traffic is generated and where it will go.

Mr. Chioffi asked Ms. Schreibman if Randbury Road traffic would use the new road to get out to US RT 7. Ms. Schreibman said the study would address the question.

Ms. Schreibman said it will take a few more months to complete the study.

The Board took questions from the floor:

Town resident Mr. Barry Alger, who lives at 10 North Campbell Road told the Board he would like the Town to help him replace the privacy bushes scheduled to be removed as part of the road paving.

Mr. Alger said, without the bushes, he is concerned his children might dart into the road. He wanted to know what the Board would do to keep his privacy and to keep his kids contained in the back yard.

Board members discussed the matter and Mr. Chioffi proposed for the Town Highway Department to remove the bushes and to plant them further back from the road. Both Mr. Rhodes and Mr. Dicton they are concerned the Board is spending public money to replace bushes in the Town Right-of-way. Mr. Dicton said he doubts the bushes will survive the move.

Mr. Alger said he would replace the bushes if they die. Mr. Rhodes told Mr. Hathaway to go ahead any move the bushes and to keep with in the R-O-W. Mr. Hawley said if the bushes become a problem in the future, the Town would remove them. Mr. Alger thanked the Board for their decision.

Town Storm water consultant Mr. Andres Torizzo met with the Board regarding the flow restoration study and storm water retrofits projects, within the Moon Brook watershed. Mr. Torizzo said he will be preparing conceptual plans and budgets for each retrofit site.

Mr. Torizzo said one of the retrofit sites is on Hitzel Terrace and the other is off Randbury Road. Mr. Torizzo said the Town may be able to partner with VTrans on doing a retrofit for the Randbury Road site. He told the Board that a simple flow retention structure would work for the Hitzel Terrace site.

Mr. Torizzo explained to the Board that the Town is responsible for about 20% of the flow restoration for the Moon Brook watershed. He said VTrans is responsible for less than 5% and the City of Rutland is responsible for the rest.

Mr. Torizzo told the Board that because he is also working for the City of Rutland he will be developing data which will help Rutland Town determine how far we have to go to meet the flow targets.

Mr. Torizzo told the Board that the Town's Municipal Storm Sewer Permit (MS4) notice of intent is due in September. He said the development of a storm water management document will be a requirement of the MS4 permit. He said the document would be an operating document that addresses outreach and education and storm water erosion ordinances.

Mr. Torizzo said he just received new information that the MS4 permit will only apply to the Moon Brook watershed. He said the Town will have to meet the six minimum measures only within the watershed.

Mr. Chioffi questioned Mr. Torizzo regarding the modeling program the State of Vermont is using to evaluate the stream. Mr. Torizzo said a Flow restoration Plan must be submitted to the State three years after filing the Notice of Intent. He told the Board the Town has 20 years to comply with the MS4 permit.

Addressing the City's appeal of their MS4 designation, Mr. Torizzo said the State will just come up with another way to regulate the problem.

Mr. Scott Moore met with the Board regarding the Board relinquishing the rights to a sewer line easement on the Johnson Energy property. Mr. Moore said the abandoned line would hamper efforts to develop the property in the future. Mr. Moore suggested a quit claim deed be issued by the Town.

Mr. Moore cited the fact the abandoned sewer line was installed 40 feet outside of the easement area. The Board will consider the request and get back to Mr. Moore.

The Board considered the proposed Sheriff's contract. Mr. Hawley questioned what is different in the revised draft. Mr. Rhodes said the change is to have the Law Enforcement Committee serve as liaison and administrator with the Sheriff's Office.

Rutland County Sheriff Steve Benard met with the Board and reviewed the proposed contract terms. Mr. Benard said his office will now provide 80 hours per week to the Town. He said there will be coverage 12 hours a day, six days a week. He said there would be 8 hours coverage on Sundays.

Sheriff Benard said two deputies have been assigned to work the Town hours. He said his deputies will be doing a full law enforcement patrol in the Town. He said while the deputies are on duty they will respond to law enforcement calls and conduct investigations.

Sheriff Benard said he is trying to maintain a split between motor vehicle patrol and Neighborhood patrol and criminal incidents. Mr. Benard said the neighborhood patrol is more the focus than the motor vehicle patrol. Sheriff said he has instructed his deputies not to spend much time on Routes 4 & 7 in the Town.

Mr. Chioffi said in the future Sheriff Benard will e-mail his report to the Board rather than appear in person. Mr. Faignant inquired if the Sheriffs are putting 40 hours into traffic and 40 hours into patrol.

Sheriff Benard said he is doing a full law enforcement complement at 80 hours. He said otherwise it would be really really difficult to split it up, time wise. He cited a calls to the Green Mountain Plaza and domestics and accidents and things like that, he told the Board. Mr. Faignant said he does not want to see the speed patrol diminished, when the Sheriffs are working. Mr. Benard said it is no longer primary (like when there was just the motor vehicle patrol) he said it is now secondary split with neighborhood patrols.

Mr. Faignant asked if the Sheriff is attributing a certain amount of hours to traffic control. Mr. Benard said he is not doing so. He said he could only do so by breaking the patrols up into 4 hour or 2 hour patrols it would be a nightmare to schedule.

Mr. Benard told the Board that the number of tickets issued for speeding for the first two weeks in April were exactly the same as the last two weeks in April. He said he understands Mr. Faignant's concern.

Mr. Benard said he does not have a quota rather he reviews production levels to make sure the deputies are out doing what they should be doing. Mr. Rhodes said the fact a police vehicle is parked off the road is the reason people slow down.

The Board reviewed the April 23, 2013 minutes. Mr. Dicton moved to approve the April 23rd minutes with corrections. Mr. Hawley made a second to the motion. The motion passed 4-0. Mr. Rhodes abstained from the vote.

Mr. Hawley moved to extend the Listers filing date by 30 days. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Rhodes asked Fire Chief Joe Denardo to have the new person in the Department contact Ms. Hyjek regarding filing paperwork. Mr. Rhodes said according to Ms. Hyjek the paper work needs to be submitted within five days of joining the department.

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Reminded everyone to vote next week.

  2. Taxes are coming in good.

    Transportation Council & SWAC: Charles Shields reported:

  1. Informed the Board that he had attended a talk regarding the implementation of Act 148 regarding waste and recycling. Mr. Shields said the Town's Transfer Station is set up such that that Town should be able to deal with future requirements. He said the Town will have to begin accepting food residuals in 2017.

    Mr. Zingale cited the fact the Town would probably try to find a location to send the food residuals rather than collect, if possible.

Regional Planning Commission Mr. Fred Nicholson reported:

  1. Business as usual.

  2. Coming into budget season and the election of new officers.

    Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Told the Board he will begin paving on Thursday.

  2. Informed the Board that Mr. Jeff Colomb at the Town School has request that pavement be added to the north side of Post Road (in front of the school) to accommodate vehicles waiting to pick up children.

    Mr. Rhodes said the request should come from the School Board and he suggested the Highway Committee & Road Commissioner look at the problem. Board members were perplexed as to why so many students are picked up by their parents and are not riding the bus.

    Mr. Faignant said the Board should not take any action. He said they (parents) should not be doing what they are doing. He said the vehicles are parking half on the road. He said the drives could drive into the lower parking lot rather than park partially in the road.

    Mr. Chioffi made a motion to refer the matter to the Highway Committee. Mr. Hawley made a second to the motion. The motion passed by a vote of 3 to 2. Mr. Dicton and Mr. Faignant voted in the negative. Mr. Shields said the vehicles are a real problem and that something needs to be done. Mr. Nicholson said the problem will get worse if a sidewalk is built.

Mr. Zingale informed the Board that the Johnson's are no longer in opposition to the proposed Knappmiller solar farm. He said they dropped their opposition when they saw how far away from their home the panels would be located.

Mr. Faignant asked if the property can be seen from the road. Mr. Zingale said he doubts the land can be seen from the road. Mr. Faignant said the Town attorney should look into the matter and advise the Board. Mr. Faignant predicted there would be more such applications in the future. Mr. Chioffi said the Board should get the answers it needs but not hold up the project.

Fire Chief: Joseph Denardo reported:

  1. Reported everything on Engine #4 has been repaired except the bumper. He said the truck is back in service.

  2. Told the Board no burning permits will be issued while it is dry.

  3. Reported the department began moving out of Station #2 last week.

  4. Discussed the disposal of the four overhead doors with the Board. Mr. Denardo will prepare a bid notice for the newspaper. Mr. Denardo said all of the split face marble will be salvaged and some will be reused. Mr. Dicton moved to put the doors out to bid. Mr. Chioffi made a second to the motion. The motion passed by a vote of 4 to 1. Mr. Faignant voted in the negative.

  5. Mr. Denardo thanked Messrs. Jim Hall and Steve Hawley for their involvement with the project over the past year. He also thanked the Board for all their help and the voters for approving the bond.

Captain: Ted Washburn reported:

  1. Reported the Town Police department received four calls for service in the past two weeks. He said one of the complaints is an assault case.

  2. Informed the Board that the Sheriff's office sent an e-mail to the State Police that all calls for service would go through the Sheriff's office for the Town of Rutland. Mr. Faignant said if a Town officer is on, then he is the primary responder. Mr. Zingale told the Board that a Town resident called to inform Mr. Zingale of the situation. Mr. Washburn will discuss the matter with Mr. Benard.

  3. Advised everyone to watch out for bikes and motorcycles on the road.

Mr. Dicton reported that he and Mr. Chioffi and met with Chief Dumas and had discussed a number of items. Mr. Dicton told the Board that the Police Department needs a secure space to keep confiscated items and records. He said the Building Committee should consider the matter.

Mr. Chioffi said there are strict federal guidelines which would rule out the use of vault. Mr. Faignant said items can be kept at the State police barracks for a short period of time. Messrs. Dicton and Chioffi will research the matter and report back to the Board.

Recreation Director: Mike Rowe reported:

  1. Baseball is underway.

  2. The fields look great.

  3. Reminded everyone the new playground at Del Bianco Park at Dewey Field will be constructed on Saturday.

  4. Pool registration will at 7:00 PM at the Pool on May 30, 2013

  5. Pool opening is scheduled for June 8, 2013

  6. Requested permission to get a laptop for the recreation use. The Board instructed Mr. Rowe to get a new laptop.

Town Administrator: Mr. Joseph Zingale reported:

  1. Presented a $5,000.00 contract amendment for the Post Road Pump Station Electrical panel relocation contract with Dubois & King. Mr. Hawley moved to authorize the Chairman to sign the agreement with Dubois & King. Mr. Dicton made a second to the motion. The motion passed unanimously.

  2. Informed the Board of an Act 250 application from the Green Mountain Power Company for a line-workers training area at their Post Road location.

  3. Informed the Board that officials from the Town of Mendon would like to meet with the Board or a committee to begin discussing safety issues related to the Townline Road / Killington Avenue intersection. Mr. Rhodes asked the Police Committee and Mr. Hathaway to meet with the Mendon officials and report back to the full Board.

The Board reviewed packet correspondence.

Planning Commission: William Matteson reported:

Not present, left meeting

Mr. Hawley moved to adjourn the meeting at 9:13 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.