MINUTES: July 16, 2013

Board members present: Stanley Rhodes III, Steve Hawley and Don Chioffi

The Meeting opened at 6:0 P.M.

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

The Board reviewed the minutes of June 18, 2013. The following changes were suggested:

  1. Page 8. Mr. Hawley said the minutes should be changed to reflect Mr. Faignant said Mr. Brown should revise his letter to Susan Hudson.

Mr. Hawley moved to accept the minutes with corrections. Mr. Chioffi made a second to the motion. The motion passed unanimously.

The Board took questions from the floor.

Town resident Ms. Jamie Bishop met with the Board regarding road storm water drainage onto her land, located on Countryside Drive. Ms. Bishop told the Board that Mr. Hathaway had told her that he would address the problem in May.

Ms. Bishop said when she spoke with Mr. Hathaway in June she was told the he would not be doing the work. Ms. Bishop said four culverts empty on to her yard and she asked that something be done.

Ms. Bishop said she has pictures to show what happens after it rains. Mr. Rhodes said the water is a habitual problem for the property. He said previously the State would not allow any building on the lot.

Mr. Rhodes said the culvert under the road is undersized. He told Ms. Bishop that Mr. Hathaway had been instructed to address the undersize culvert but to do so only in the public right -of-way (r-o-w). Mr. Rhodes said a lot of the work he had proposed for the Bishop property is on private property.

Ms. Bishop said Mr. Hathaway had said he would re-dig the ditch along the side of her house. Mr. Rhodes told Ms. Bishop that the improvement would have to be within 15 feet of the edge of the road.

Ms. Bishop said Mr. Hathaway had said he would re-dig the ditch, put black matting down and rock the ditch. Mr. Rhodes said Ms. Bishop can hire Mr. Hathaway, privately. He said Mr. Hathaway would not be using town money to go on private property.

Ms. Bishop cited a statement in the Board minutes stating the Town has permission to go 300 feet of r-o-w per a state permit. Town Administrator Mr. Joseph Zingale Jr. said the Board inherited a State storm water permit, which requires the Town to maintain swales 300 feet out side of the road r-o-w.

Mr. Rhodes said the Town does not go on to private property. He questioned what Mr. Hathaway might do to improve the drainage. He said Mr. Hathaway might saw cut across the road or swale across the front of the Bishop property. He said Mr. Hathaway would not be doing any work outside of the road r-o-w.

Ms. Bishop submitted photos of the water draining on to her property to the Board. The Board and Ms. Bishop discussed her water drainage problem further and took no action.

Clerk& Treasurer: Ms. Marie Hyjek reported:

  1. The Fire truck accident claim has been settled. She said the total amount was about $2,600.00

  2. Told the Board that Rutland West will void the current $600.00 check and will issue a new check after July 1st.

  3. Property tax bill update; July 11th was the 30 day waiting period for the school vote. Ms. Hyjek is expecting to get the State education tax anytime now. Lister grievance hearings will begin on the 20th. Hopes to have the tax rate for the next meeting. Ms. Hyjek said she might have to call a special meeting if she does not have everything in place to set the tax rate.

Mr. Rhodes said he made the comment in 2009 that he felt the Town was over appraised by 10%. He said after 4 years the tax payers are seeing some relief. He said they deserved it four years ago.

Mr. Chioffi cited the fact it took until now to adjust the property values and that values are now beginning to rise. Mr. Rhodes said the Town would reappraise again when the common level of appraisal goes below 80%.

    1. Ms. Hyjek questioned whether the Board wants to use $40,423.58 left in the General Budget to lower the tax rate. Ms. Hyjek cited the fact there are two pending tax appeals. Mr. Rhodes said the Board can legally only roll over Highway Department revenues. Ms. Hyjek said no money has been budgeted for the two tax appeals. Ms. Hyjek cited other items in the report she prepared for the Board. The Board took no action.

    2. Reported to the Board regarding the Center Rutland Fire Station Bond. Ms. Hyjek said that on June 19th the Town was approved for $1.8 million dollars. Ms. Hyjek told the Board that the Bank of Boston will be handling the funds. She said the money would be wire transferred as needed with approved invoices. Ms. Hyjek said the Town will pay off the line of credit and then draw the Bond money. She said she would set up an account with the Town's bank to accept wire transfers.

      Ms. Hyjek said she is waiting for the payment schedule, which will be included in the tax rate.

Transportation Council & SWAC: Mr. Charles Shields reported:

    Not present

    Town Road Commissioner: Mr. Byron Hathaway reported:

    Not present

Planning Commission: Mr. William Matteson reported:

    Not present

Captain Ted Washburn & Chief Ed Dumas reported:

  1. Reporting period from 7-2 thru 7-11

  2. 18 calls for service or 180 for the year

  3. Type of calls; burglaries, citizen disputes, agency assist, animal problems, traffic accidents, thefts, threats 911 hang-ups, abuse prevention order and residential and business alarms.

  4. 16 cases were closed, two cases resolved in arrest, 13 motor vehicle stops, four motor vehicle tickets issued for a total of $508.00.

  5. 70 total patrol hours and 10 administration hours.

  6. Reminded individuals to lock their vehicles and to remove valuable items from the vehicle.

  7. Mr. Washburn also reviewed department activity for the period from 6-16 to 6-27.

Mr. Chioffi said that at a minimum the Police Committee and at a maximum the Board should be informed as to what the shift hours are going to be in advance. Mr. Rhodes said the matter is up to Chief Dumas to decide because Mr. Washburn works for Chief Dumas. Mr. Rhodes said he is satisfied.

Mr. Chioffi said he can't say whether he is satisfied unless he knows what kind of hours are being patrolled. He said the Board should be getting some kind of total coverage. He said he is not talking about 24/7 – 365.

Mr. Rhodes cited the fact the Police Department submits time sheets. He said that is how he knows what hours the department is working. Mr. Chioffi said the Police Committee should know the schedule in advance.

Chief Dumas said he and Captain Washburn talk about Mr. Washburn's hours about twice a week. Mr. Dumas began to explain why certain days are worked and Mr. Rhodes said he did not think the discussion should be in public.

Chief Dumas told Mr. Chioffi to inform the Chief if he (Mr. Chioffi) feels an area in town needs more coverage. Mr. Rhodes said he does not want the Board micro managing the Police Department's hours.

Mr. Chioffi said as a Police Committee member he should not have to go through the minutes after the fact to find out what hours are worked. Mr. Chioffi said he can't responsibly answer the public if he does not know the Department's patrol schedule.

Mr. Chioffi said he thought with the creation of the Town Police Department and a contract with the Sheriff's Office the Town was going to get more appropriate and fuller coverage.

Mr. Chioffi said in the past he felt the department was being run more for the convenience of the officers than it was for the convenience of the Town. Mr. Chioffi said the Board is working to remedy the situation. Mr. Chioffi said the Town needs to have evenings and weekend coverage.

Mr. Chioffi said the Board could work with the Sheriff's department's schedule to vary the Town's police Department schedule so we can get the coverage. Mr. Dumas said he could inform the Sheriff's Department of his officers schedule so the Sheriff's Department could work around the schedule.

Mr. Rhodes announced the Dog Hearing was canceled due to the owner not being able to attend the meeting.

Recreation Director: Mr. Mike Rowe reported:

    Not present

Town Administrator: Mr. Joseph Zingale reported:

  1. Informed the Board that the owners of the Holiday Inn have requested a street sign for “Holiday Drive”. Mr. Rhodes said to the Town would put up a sign.

  2. Informed the Board that Green Mountain Power Corp. has requested a waste water allocation of 1,457 gallons per day for their facility located off Post Road and US RT 7. Mr. Hawley moved to allocate 1,457 gallons of waste water per day to GMP. Mr. Chioffi made a second to the motion. The motion passed unanimously.

  3. Presented the Post Road Sidewalk agreement between the Town and VTrans on behalf of the Town Road Commissioner. The Board discussed the mater and took no action. The Board will discuss with Mr. Hathaway at the next meeting.

  4. Informed the Board that former Select Board member Mr. Jim Hall is up for reappointment as the Town's representative to the VLCT Public Safety Committee. The Board will discuss the matter at the next meeting.

  5. Informed the Board that the owners of the Ponderosa Restaurant have paid the negotiated settlement amount in full.

  6. Reported that he and Mr. Hathaway had recently attended a meeting at the RRPC regarding the “new road”, which has been proposed to connect the Cold River Road intersection to Farrell Road.

    Mr. Zingale said Stantec is conducting a $25,000.00 feasibility study, which is being funded through the RRPC with money from VTrans. Mr. Zingale told the Board that Stantec did a “build-out” scenario, which shows there would be a vehicle capacity issue at the Cop John / Holiday Drive intersection.

    Mr. Zingale said a commercial build out factor of 400,000 square feet was used in the analysis. Mr. Zingale said by re-directing Farrell Road into Holiday Drive, directly across from the proposed Rutland Commons access to Holiday Drive, would improve the level of service.

    Mr. Zingale said in addition to re-directing Farrell Road into Holiday Drive and the the Board could abandon Cop John Drive.

    Mr. Zingale told the Board that City officials at the meeting had concerns regarding the increased vehicle traffic that would be generated on Granger & Forest Streets as a result of a proposed new road from Park Street connecting to Randbury Road.

    Mr. Zingale said the proposed new roads would allow motorist to go from Park Street to the south end of Town an avoid 5 (five) traffic lights on US RT 7. Mr. Zingale encouraged a Board member to attend any future meetings.

  7. Reported to the Board regarding problems with several Flory Heights water meters. Mr. Zingale told the Board that Mr. Pat McLaughlin had looked into the matter and has determined the best course of action is to install filters in the homes of the individuals with on-going meter problems.

    According to Mr. Zingale it would cost $100.00 per filtration filter plus the cost of labor to install the filters. He said according to Mr. McLaughlin the filters must be maintained every three months. The Board discussed the matter and decided to place on the next agenda for consideration.

  8. Requested and received permission to have the air conditioners serviced.

  9. Informed the Board that VTrans has requested that the Board consider using Emanate Domain authority to take a piece of land from the Moriah Group (formerly Rutland Plywood) in order for the replacement of the Ripley bridge in 2014 to stay on schedule.

    Mr. Zingale told the Board that the amount of land is very small and has to do with the placement of utility pole, which the owner of the property does not want placed on his land.

    Mr. Rhodes asked if VTrans employee Ms. Theresa Gilman is involved with the request. Mr. Zingale said she is not involved in the matter. Mr. Rhodes said Ms. Gilman is the individual that is considering whether to issue the Center Rutland Fire Station a new access to Business RT 4.

    Mr. Chioffi said there should be a linkage between the VTrans request and the Fire Department's pending highway access request. Mr. Rhodes agreed. Mr. Rhodes said he would and Mr. Zingale will schedule a meeting with Mr. Barrett.

    Mr. Chioffi said he is available to attend meeting at the Rutland Regional Planning Commission. Mr. Hawley questioned why the City is involved in the Town's proposed road investigation. Mr. Zingale said City officials have attended the meeting and have had input into the process.

Regional Planning Commission Mr. Fred Nicholson reported:

Not present

Fire Chief: Mr. Joseph Denardo reported:

Not present

Mr. Rhodes opened the fuel oil bids.

Irving Oil bid → $3.466 per gallon

Johnson Energy → $3.199 per gallon

Getcha Fuels → No fixed price submitted

Mr. Hawley made a motion to accept the Johnson Energy fixed rate price of $3.199 per gallon. Mr. Chioffi made a second to the motion. The motion passed unanimously.

Mr. Rhodes questioned Mr. Zingale regarding the 2013 Russell Graphics map updates. Mr. Zingale said Russell Graphics did not provide a digital shape file with all the same information as depicted on the 2013 paper maps.

Mr. Chioffi said he viewed the new maps and that the new property lines are so faint they can hardly be seen. Mr. Chioffi questioned why the new lots are shown as dotted line and not solid lines. Mr. Chioffi cited the fact that all of the lots shown with dotted lines had received subdivision approval as separate lots.

Mr. Chioffi cited the fact that the value of a building lot is significantly higher that the value of the same land classified as open land.

Mr. Chioffi and Mr. Rhodes said the Town should not have to pay more to get digital updates, when the same information is being shown on the paper maps.

The Board reviewed packet correspondence:

Regarding Town legal fees for reviewing the Knappmiller solar proposal Mr. Chioffi said the Board should not get the Town attorney involved in matters until the Board has a much more and complete discussion on issues such as the solar proposal.

Mr. Chioffi said the Board wasted a lot of time and money on the Town attorney for no reason what so ever. Mr. Chioffi said the Board has to let state law apply, unless there is an egregious violation. Mr. Rhodes said it is another erosion of local control.

Mr. Chioffi raised questions regarding the status of the Town Zoning proposal. Mr. Rhodes said to place the matter on the next agenda for consideration.

Regarding an ambulance response time survey sent to the Town by the State Health Department, Mr. Rhodes will meet with Mr. Zingale and complete the survey.

Mr. Chioffi made a motion to go into executive session tat 7:55 P.M. o discuss the TJP negotiated settlement. Mr. Hawley made a second to the motion. The motion passed unanimously.

The Board came out of executive session at 8:05 P.M. Mr. Hawley made a motion to accept the value amount of $583,900.00. Mr. Chioffi made a second to the motion. The motion passed unanimously

Mr. Chioffi moved to adjourn the meeting at 8:40 P.M. Mr. Hawley made a second to the motion. The motion passed unanimously.