MINUTES: June 4, 2013

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

The Meeting opened at 7:50 P.M.

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

The Board reviewed the minutes of May 23, 2013. Mr. Chioffi said the date should be May 23rd. Mr. Chioffi said the meeting started at 6:35 P.M. not 6:50 P.M. Mr. Chioffi said he wants it stated in the minutes what he said when he voted in the negative. According to Mr. Chioffi he made the statement “ .. it was unmistakeably clear Mr. McGinnis was the high bidder on door three. The only ten foot wide door in the mix.”

Mr. Chioffi told the Board that is the statement he made and that he would like it included in the minutes. Town Administrator, Mr. Joseph Zingale Jr., said he would review the tape and write down what Mr. Chioffi said.

Mr. Chioffi said the minutes should state that he requested the thank you letter to OMYA be read. Mr. Hawley made a motion to approve the 5-23-13 minutes with corrections and additions. Mr. Faignant made a second to the motion. The motion passed unanimously.

Mr. Frank Smead met with the Board and requested the Town pave the dirt section of Quaterline Road. Board members listened to Mr. Smead and spoke with Road Commissioner Mr. Byron Hathaway and decided to have Mr. Hathaway run some numbers and report back tot he Board. Mr. Rhodes said the Board would invite Mr. Smead back to a future meeting to discuss Mr. Hathaway's cost estimate.

The Board discussed the Center Station construction contract with Mr. Victor Shappy of VMS Construction. Mr. Rhodes said it was decided at the kick-off meeting to include the extras in the contract. Mr. Rhodes said the extra would add about $52,000.00 to the project.

Mr. Hawley said, at the Committee meeting, the kickoff committee and the architects decided which items to add to the project. Mr. Chioffi said that was not what he was told when the Board started into this thing.

Mr. Chioffi said he was told the Fire Committee would meet with the architect and review the items and decide which items to add back into the project. Mr. Chioffi said the matter would then go back to the Board for discussion. Mr. Rhodes said that the matter is before the Board. Mr. Hawley said not all items were added back into the project.

Mr. Chioffi said he wants the public to know, what was added and why. As well as what was not added back into the project. Mr. Chioffi questioned Mr. Shappy regarding the contract amount and whether the add on's would be in addition to the contract amount.

Mr. Shappy cited the fact that Mr. Chioffi quoted a draft contract and that the latest contract includes the base bid of $1,131,900.00 and $44,700.00 for the water line and approximately $52,000.00 for the items added back into the project. Mr. Rhodes said the total contract would be $1,231,930.00

Mr. Chioffi cited the fact he was being asked to vote on a million dollar contract and that he only received the final contract at the meeting. Mr. Shappy said the only difference is the fact the numbers that were listed as alternates are now in the contract number.

Mr. Chioffi said the items are in the contract and the Board never discussed the additions. Mr. Chioffi said the committee and the architects discussed the matter but not the Board. Mr. Rhodes cited the fact the Board had not yet received the Fire Committee minutes since the Committee just had a meeting.

Mr. Hawley said following the Committee meeting Ms. Tracy Montimey took the additions to the Kick-off meeting for discussion. Mr. Rhodes said he told Ms. Montimey to put the additions in the contract since the Board could always subtract from the amount. Mr. Rhodes cited the 10 items that were added to the project. Mr. Hawley cited the items that were not added back into the project.

Regarding the reuse of the exterior marble Mr. Chioffi suggested some of the marble be used for landscaping and to decorate the new flag area. Town Clerk, Ms. Marie Hyjek, told the Board that a Town resident has requested any marble that is available from the project.

Mr. Faignant moved to authorize Mr. Hawley to sign on behalf of the Board. Mr. Dicton made a second to the motion. Mr. Chioffi said the entire Board should sign the document because the entire Board has beenelected to represent the Town. He said the Town is the owner of the property.

Mr. Chioffi said he intends to be as proud as anyone even though he had his druthers when the project started. Mr. Chioffi said he wold like to have his signature on the document.

The motion failed by a voted of 3 to 2. Mr. Rhodes, Mr. Chioffi and Mr. Hawley voted in the negative.

Mr. Hawley made a motion for the entire Board to sign the agreement with VMS for the Center Rutland Fire Station. Mr. Chioffi 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. Faignant cited the fact that Mr. Rhodes as Clerk-of-the-works would be signing the agreement. Mr. Chioffi cited item #9 in the Board's packet and read “ this should be signed by all or a majority of the legislative body and the date of the regular or special meeting entered where it is done.”

Mr. Shappy presented the certificate of insurances, builders risk policy and the performance payment bonds.

Mr. Rhodes informed the Board, that according to Ms. Tracy Montimey, it is not uncommon for a select Board member to be Clerk-of-the-works and representing the owner on projects under three million dollars. Mr. Rhodes said because Mr. Faignant raise the question as to whether Mr. Rhodes should sign the contract, being the Clerk-of-the-works and a select board member, he would check with the Town attorney.

Mr. Dicton and Mr. Rhodes disagreed whether one Board member signature on the agreement is sufficient. Mr. Dicton said it would be ok and Mr. Rhodes said the Board voted that one is not sufficient. Mr. Zingale cited the fact the motion to approve the contract passed.

Mr. Rhodes said the overhead doors at the Center Station would be removed on June 13th. Mr. Rhodes said he would collect the payments for the doors and give the money to the Town Treasurer. Mr. Rhodes said the VMS job trailer would be brought to the site on June 17th. Mr. Shappy said he is looking forward to working with the Town.

Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Cited the $226,866.88 local option tax wire transfer in the Board's packet. Ms. Hyjek said the Town met its goal to zero the general budget and has $13,000.00 to lower the tax rate.

  2. Next school budget vote is June 11th.

  3. Tomorrow is the last day to register to vote.

  4. The pre Town meeting will be the night before the election at 7:00 P.M. at the town school.

  5. Regarding the Fire Station bond, Ms. Hyjek said that as a result of the changes discussed at the meeting she will now have a more accurate estimate of the project cost. She said the paper work would be changed to two million (the Board) or what they come up with. She told the Board that the attorney for the Bond Bank would change the figure to the actual amount the Board wants to bond. Ms. Hyjek said she hopes the Board feels comfortable in signing the paperwork tonight because the paperwork needs to be in to the Bond bank by June 7th. Mr. Dicton said he did not want to sign the paperwork if there is no guarantee the amount cited in the agreement is not changed to reflect the final amount. Ms. Hyjek said she has an e-mail stating the amount would be changed to the final amount, after the Board signs the agreement.

    Mr. Rhodes cited all of the documents which must be signed by the Board. Mr. Dicton asked if Mr. Rhodes as Clerk-of-the-works should be signing the various documents. Mr. Chioffi said it is immaterial to the whole legal process. Mr. Chioffi said the Clerk-of-the-works is still a Board member. Mr. Chioffi said Mr. Rhodes does not lose his Board member rights just because he is clerk. The Board signed various documents.

  6. Congratulated Mr. Mike Rowe for not exceeding the $20,000.00 budget for playground improvements.

    Mr. Chioffi said it is kind of deceiving to say the Town lowered taxes by
    $13,000.00 when they were actually lowered by $1,037,426.00. Ms. Hyjek agreed. Mr. Chioffi said the 1% revenues lowered the tax rate by about 13 cents.

Transportation Council & SWAC: Mr. Charles Shields reported:

Not present

Regional Planning Commission Mr. Fred Nicholson reported:

  1. Cited the RRPC annual budget and told the Board it will be a very tight year (financially).

  2. Told the Board he chaired a meeting regarding highway safety issues recently at a RRPC meeting in Brandon. Mr. Nicholson said crime in neighborhoods in Addison County has gone down as law enforcement targets specific communities.

  3. Mr. Nicholson explained why he voted to submit a letter from the RRPC to Act 250 regarding the proposed Killington Village development proposed by SP Land Development. Mr. Nicholson said the letter submitted to Act 250 was requested by the Act 250 office. He said the Act 250 office was seeking possible conditions to be included in a permit, that may or may not be issued.

    Mr. Nicholson gave a history of the project beginning in 1997. Mr. Nicholson said Killington Limited sold the Village development project to SP Land, at some point in time.

    He told the Board that the SP Land company are investment bankers from Texas. He said they bought the project in order to roll over money into another project. He said rather than renew the permit they choice to let the permit expire.

    Mr. Nicholson told the Board that the SP Land Company got two things out of the letter from the RRPC. He said they got a $25,000.00 payment requirement removed and can rehab old housing for workers rather than contribute $800,000.00 to Neighbor Works for low income housing. Mr. Nicholson said the RRPC submitted an individual letter separate from Ottaquechee Two Rivers Planning Commission.

    Mr. Chioffi asked Mr. Nicholson if he supported the housing add-on in the original permit and in the new permit. Mr. Nicholson said he supported the housing add-on in both permits. Mr. Nicholson said the proposed village is a major, major development. Mr. Nicholson said the project will have significant regional impact. Mr. Chioffi said he agrees.

    Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Completed summer paving today.

  2. Still need to take care of residential driveway aprons

  3. Mr. Tripp is doing roadside mowing and should be finished by the end of the month.

  4. Informed the Board that a Town resident that lives on Countryside Drive, who's land receives road water run-off from a town culvert, would like the Town to stone the ditch on her property. Mr. Rhodes asked if the work would be outside the road right of way.

    Mr. Hathaway said the land is outside of the R-O-W. He said State law allows for such work, for drainage. The Board discussed the matter. Mr. Rhodes said the conditions are what they are and that he is against doing work on private property.

    Mr. Hawley inquired if the area is wet most of the time. Mr. Hathaway said the area is wet most of the time because it is taking water from a large area. Mr. Zingale cited the fact the Town goes up to 300 feet out of the R-O-W in the DCF development to maintain drainage, per a state permit.

    Mr. Dicton inquired as to how many homes would be affected by the proposed drainage improvement. Mr. Hathaway said it would affect two homes.

    Mr. Chioffi questioned Mr. Hathaway as to why the road paving on the Post Road left the road so high. Mr. Hathaway said the road appears high because there is four inches
    of new pavement on top of the ground-up pavement, which tends to swell up after it has been ground-up. Mr. Chioffi said he had received nine complaints from homeowners regarding the need for their driveway's being brought up to the height of the repaved road.

    Mr. Hathaway said it is hard for a two person department to respond to such concerns in a timely fashion. He said all concerns all addressed when he has the time. Mr. Hathaway cited the fact he addressed several of the worst driveway's earlier in the day. Mr. Chioffi questioned if the road shoulders would be installed. Mr. Hathaway said the road shoulders would be installed.

Captain Ted Washburn & Chief Ed Dumas reported:

  1. There have been 5 calls for service in the past two weeks.

  2. He said there have been 118 total calls to date for the year.

  3. The 5 calls concerned; directed patrol, animal problems, motor vehicle complaints and residential alarms.

  4. All 5 cases were closed and no arrest were made.

  5. 13 motor vehicle stops with 7 tickets issued and 6 warnings

  6. The total fine amount was $1,014.00

  7. Mr. Washburn worked 28 patrol hours with no administration hours.

  8. Mr. Dumas requested he be allowed to increase captain Washburn's hours starting on June 16th. He would increase from 26 hours a week to 40 hours per week. Mr. Rhodes asked if Mr. Washburn would be working exclusively for Rutland Town. Mr. Dumas said he would be working exclusively for Rutland Town.

    Mr. Faignant moved to approve the chief's request. Mr. Hawley made a second to the motion. The motion passed unanimously. Mr. Faignant asked Mr. Chioffi if the matter had been before his committee. Mr. Chioffi said the matter had not been before his committee.

    Mr. Chioffi said his committee met and was informed. He said both he and Mr. Dicton both knew this was going to happen. He said he expects a motion to reduce the hours with the Sheriff's department.

    Mr. Faignant amended his motion, to state, to approve the chief's recommendation and to reduce the additional hours that captain Washburn is
    going to be working taken from the Sheriffs.

    Mr. Chioffi made a second to the motion. Mr. Rhodes said more hours would be cut from the Sheriffs department to cover Mr. Washburn's benefits. Mr. Dicton said an additional $20,000.00 would become available for the Police Department July 1, 2013 and that the Board can use the money however they like.

    Mr. Dicton said there is significant value in having a Town Police force verses hiring the Sheriffs department. Mr. Chioffi said he and Mr. Dicton are trying to establish a working relationship with the Town Police department and the Board so they (Mr. Chioffi and Mr. Dicton) can handle as many of the administrative questions, comments and problems that don't require a Board decision. He cited funding as requiring a Board decision.

    Mr. Chioffi said he and Mr. Dicton would develop a budget, and Police Department policies, which they would recommend to the Board. Mr. Chioffi said the public needs to know what it cost to run a police department. Mr. Chioffi cited the fact that at a previous meeting Mr. Rhodes said the police Chief would go to the Board to get his marching orders.

    Mr. Faignant said the discussion was beyond his motion and he as a point of order he called the question. Mr. Chioffi said he wants the Police Committee respected just like the other Board committees are respected.

    Mr. Chioffi said the discussions between the Police Department and the Police Committee should take place first and not discussion between the Police Department and the Board and then the Police Committee.

    Mr. Faignant said the committee is to do the wishes of the Board and to assist the Board in the operation of its business. Mr. Faignant said committees that deals with whatever goes in front of the Committee because it would exclude the rest of the Board.

    Mr. Chioffi questioned whom the Police Department would communicate with absent a Board meeting, on any issue that does not require full board action. The Board voted unanimously to approve the motion. Mr. Chioffi said he does not agree with Mr. Faignant's understanding of how the committee should operate.

    Mr. Chioffi and Mr. Rhodes discussed the role of the committee further.

Fire Chief: Mr. Joseph Denardo reported:

Not present

Recreation Director: Mr. Mike Rowe reported:

  1. Informed the Board that Topps Supermarket donated $500.00 to the Town Recreation. Mr. Rowe thanked Topps for the donation.

  2. Baseball is in mid season and all is going well.

  3. Told the Board the summer maintenance staff is doing a good job.

  4. Told the Board that the Town Pool will open on the weekend. Mr. Rhodes questioned where the pool cover is kept during the summer. Mr. Rowe said the top is kept in the new blue and white building.

  5. Said individuals can sign up for swim lessons anytime at the pool.

  6. Submitted a list of summer help he would like to hire.

Mr. Dicton said Mr. Rowe did an awesome job on the Dewey Field playground

Town Administrator: Mr. Joseph Zingale reported:

  1. Informed the Board that the State Transportation Board (TBoard) has accepted the Towns Highway Access Master Plan. Mr. Zingale said the next step would be for the Town to apply for a break in the limited access section of US RT 7 between Micheal’s and Taco Bell.

    Mr. Zingale told the Board that the TBoard would like to know if the Board plans on submitting an application for a break in the limited access section of US RT 7 in the near future.

    Mr. Faignant asked if the developer generally pay for such improvements. Mr. Zingale informed the Board that the several businesses contributed to the studies that got the Town to the point where a break in the highway can be requested.

    Mr. Zingale said the Board and the various developers have an agreement whereby the businesses contributed to the studies but do not have to contribute to build the improvement.

    Mr. Rhodes said that because so much time has elapsed the whole Board has to be brought up to speed and need to look at a funding mechanism. Mr. Zingale told the Board that Act 250 could order the Green Mountain Plaza (GMP) to construct the barrier, which would prohibit the Farrell Distributing trucks from using the GMP entrance.

  2. Requested permission to sign a Transportation agreement with the State of Vermont and the City of Rutland regarding the replacement of the Ripley Bridge. Mr. Hawley made a motion for Mr. Zingale to sign on behalf of the Town for the Ripley Bridge project. Mr. Dicton made a second to the motion. The motion passed unanimously.

  3. Reminded the Board they need to meet in executive session to discuss the TJP vs. Town proposed tax settlement proposal and the proposed agreement with the Ponderosa Restaurant owners.

  4. Informed the Board of the KIA ribbon cutting scheduled for later in the week.

  5. Mr. Zingale informed the Board that there is a problem with the street addressing on Grover Drive. Mr. Zingale said due to the fact the owner of the (private) section of the road has a rope across the road, the numbering needs to be changed back to what it was prior to the Board voting to make an exception.

    Board members and Mr. Zingale discussed the matter further. Mr. Zingale said that as 911 Coordinator he plans on changing the addresses back to what they were unless the Board says otherwise.

    Mr. Chioffi made a motion to send the property owner a letter requesting to remove the rope. Mr. Hawley made a second to the motion. Mr. Dicton said he is against the motion because it is up to the owner whether to leave the rope up or not. Mr. Dicton said is is not the Town's business.

    Mr. Hawley said the owner, at the least, needs to provide a turn-around for fire apparatus. Mr. Dicton said he agrees with having to provide a turn-around. Mr. Dicton said taking the rope down is irrelevant to what Mr. Hawley said. Mr. Zingale said four homes would have their addresses changed.

    The motion failed by a vote of 2 to 2. Mr. Rhodes abstained from the vote and Messrs Faignant and Dicton voted in the negative. Mr. Zingale said he would send the owner a letter as the 911 Coordinator. Mr. Zinagle said he can not ignore the situation.

Planning Commission: Mr. William Matteson reported:

Not present

Mr. Chioffi moved to allow the marble valley Lions Club to sell food at the July 4th fireworks. Mr. Dicton made a second to the motion. The motion passed unanimously.

Messrs Hawley and Faignant said their issues with the proposed storm water contract had been resolved. Mr. Hawley moved to accept the proposal from Watershed Consulting Associates for a storm water management program. Mr. Faignant made a second to the motion. The motion passed unanimously.

The Board reviewed packet correspondence.

Mr. Zingale will call Tedesco regarding the chimney repair. Mr. Dicton said the Board needs to seek a remedy to the falling snow and ice problem. Mr. Rhodes suggested Mr. Dicton come up with a plan to remove the pavement and do plantings to keep vehicles from parking next to the building. Mr. Dicton said the snow stops could work.

Mr. Chioffi said he would like a solution that would not taking parking away all year when the problem is only part of the year.

Mr. Chioffi suggested the Board replace the camera used to film the meeting. Mr. Rhodes said Mr. Zingale should get some camera prices for the Board to review at the next meeting.

Mr. Chioffi cited a letter from Town Attorney Kevin Brown to the Public Service Board regarding the Knappmiller proposed solar farm. Mr. Chioffi asked who authorized Mr. Brown to write the letter. Mr. Chioffi said the Board never authorized the letter. The matter was discussed further and no action was taken.

Mr. Dicton made a motion to send a letter to Topps thanking the store for making a donation to the Town. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Hawley made a motion at 9:22 P.M. to go into executive session to consider the proposed settlement agreement with the Ponderosa Restaurant. Mr. Dicton made a second to the motion. The motion passed unanimously.

The Board came out of executive session at 9:27 P.M. Mr. Dicton made a motion to accept the agreement as set forth as applicable to the Town and MTJ only. Payments to be made monthly to total $4,000.00 as set forth in the may 30th letter from MTJ's counsel. Mr. Faignant made a second to the motion. The motion passed unanimously.

Mr. Faignant moved to close the meeting at 9:30 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.