MINUTES: August 14, 2012

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

The Meeting opened at 6:35 P.M.

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

Mr. Rhodes said the Board would review the 7-31-12 minutes when Mr. hall is present. Mr. Rhodes said a reference needs to be added to the minutes of 7-31-12, citing the fact the Board planned to work on the proposed Zoning Regulation on 8-6-12 at 6:30 P.M.

The Board took questions from the floor.

Chasanna Drive resident, Ms. Norma Leavy, met with the Board and discussed here request to perform excavation work within the Chasanna Drive road R-O-W. Ms. Leavy told the Board that she and the Road Commissioner are in agreement regarding here proposal to excavate and pave with the Chasanna Drive road R-O-W.

Ms. Leavy explained her request to remove pavement within the Chasanna Drive road R-O-W and plant grass. Ms. Leavy cited the fact all of her neighbors on the street have grass adjacent to the area where she has pavement.

Ms. Leavy and the Board discussed the matter further and it was agreed that Ms. Leavy would apply for a Town Road Excavation permit. Ms. Leavy said she understands the Town is not responsible for possible damage to her work within the Chasanna Drive Road R-O-W .

Mr. Faignant made a motion to allow Ms. Leavy to go through the permit process with Mr. Zingale and that the Board supports Ms. Leavy's proposal. Mr. Dicton made a second to the motion. The motion passed unanimously.

Town Clerk & Treasurer: Ms. Marie Hyjek reported:

  1. Reminded the Board that the next meeting will be on August 27, 2012

  2. Told the Board the Town Clerk's office would be open to 5:00 P.M. On August 22, 2012 for voter registration.

Regional Planning Commission Mr. Fred Nicholson reported:

No Meeting no report.

Town Road Commissioner: Mr. Byron Hathaway reported:

  1. Informed the Board he needs a letter of Support from the Board endorsing the feasibility grant for the Post Road sidewalk study. Mr. Hathaway said the letter should also state the Town is committed to paying its share of the grant.

The Board opened the floor to comments regarding a proposal to seek a feasibility study regarding extending the sidewalk on Post Road beyond the School to the east.

Town Road Commissioner, Mr. Byron Hathaway, told the Board he would need a letter of support from the Board including a statement regarding the Town's financial commitment to the sidewalk proposal.

Mr. Hathaway said the the grant would require a 10% local match. Mr. Hathaway said the sidewalk would have to connect to something so it was decided to go from the end of the sidewalk at the school to Northwood Park.

Mr. Hathaway said the sidewalk could be built in phases. He said the first phase could be up to Chasanna Drive. Mr. Rhodes said it would make sense to go to Chasanna. Mr. Rhodes cited possible construction problems such as ledge, once past Chasanna Drive.

Mr. Hathaway said one plan to deal with ledge would be to add a couple of feet to the road shoulder and realigning the line striping. He said this would create a wide shoulder on one side of the road.

Mr. Rhodes said the study could be put on the shelf until such time the Board has the funds to begin construction. Mr. Hathaway told the Board he has requested letters of support from the Town School, GMP/CVPS and the Rutland Vet Clinic. Mr. Hathaway cited the fact that employees at all three locations regularly walk on the Post Road sidewalk.

Mr. Hathaway informed the Board that Chasanna Drive is a section of the School's evacuation plan. Mr. Hathaway said the Town's local match for the Feasibility grant would be $2,500.00.

Mr. Faignant moved to authorize the Chairman to sign a letter of support from the Board pledging the Board's 10 % contribution. Mr. Hawley made a second to the motion. The motion passed unanimously.

Mr. Hathaway and the Board discussed the future of roadside mowing. Mr. Fred Nicholson informed t he Board that he plans to stop roadside mowing at the end of the year.

Mr. Hathaway said he was asked by Mr. Hall to research town options now that Mr. Nicholson is retiring. Mr. Rhodes said he is not prepared to discuss purchasing a mower that will only be used once a month. Mr. Hathaway said he was approached by the Town of Mendon with a request for Rutland Town to consider jointly purchasing a roadside mower.

Mr. Hathaway said he has also been approached by the Town of Clarendon which is interested in making a joint purchase with Rutland Town and Mendon. Mr. Rhodes said there are other needs before the town spends money on a mower and has no place to keep the vehicle.

Mr. Rhodes said the Town subbed the work out prior to Mr. Nicholson. Mr. Hathaway said the Town could also purchase a unit that would attach to the Town's loader. The Board and Mr. Hathaway discussed the topic further and it was decided to continue the discussion at the next meeting.

Town resident Mr. Ed Skwira asked the Board to make arrangements to have the main Northwood Park gate closed every night. Mr. Skwira said he hears individuals in the park in the evening after the Park is closed.

Mr. Skwira told the Board he has had difficulty contacting Town law enforcement officials in the past do to scheduling. He told the Board that the Act 250 permit for the Park requires the gate to be locked at night and that a phone number is to be posted with contact information.

Mr. Skwira said the current phone number dials an answering machine, which gives the pool hours. Mr. Skwira inquired if either Town law enforcement or the Sheriff could be required to lock the gate nightly. Mr. Skwira said he is hearing noises and seeing lights in the park after hours and that he is concerned.

Mr. Rowe told the Board that he is good with the gate being locked at night. He said he has a local individual who will unlock the gate on the weekend if Mr. Rowe is not able to get to the Park.

Mr. Rowe said his name and contact information is now on the answering machine connected to the phone number posted at the park gate. Mr. Rowe said he is aware of a problem with the security light at the pool going on and off. He said he would have the light checked out.

Mr. Faignant said he believes the gate at Northwood Park should be locked by a uniformed officer because of the situation the individual might encounter with people in the park.

Mr. Faignant said he needed back up assistance one time when he was in the park prior to locking the gate. Mr. Faignant said locking the gate should be added to the list of responsibilities for Town law enforcement officers.

Mr. Skwira cited the fact Mr. Rowe has been very responsive when he has been made aware of Mr. Skwira's concerns. Mr. Skwira said a law enforcement number should be listed on the sign at the park gate. Mr. Faignant said the number for state dispatch could be added to the sign.

Mr. Rowe said the State Police number is already listed on the sign. Mr. Rhodes said the Board would inform Town law enforcement that the gate is to be locked every night.

Mr. Skwira raised the issue of the posted times on the sign at the gate. Mr. Skwira said the sign should not state the park is open from dawn to dusk. The Board and Mr. Skwira discussed the matter and it was decided the opening would be 7:00 A.M. and closing at 9:00 P.M.

Recreation Director: Mike Rowe reported:

  1. Soccer registration is ongoing.

  2. Congratulated the Town's Junior babe Ruth team for winning their summer league championship.

  3. The Town pool will close on 8-23-12.

  4. Mr. Rowe thanked Mr. Zingale for his assistance is putting recreation information on the Town's World Wide Web Site (WWW)

  5. Informed the Board that the Dewey Field building has been secured since the break-in. Mr. Rhodes said Mr. Rowe should attend a planned executive session to discuss security cameras at the end of the meeting.

Fire Chief: Joseph Denardo reported:

  1. Informed the Board the department has receive a few offers for the old water tanker truck. Mr. Denardo said he would continue to accepts offers for a couple more weeks.

  2. Requested a signed copy of the Lock Box ordinance and informed the Board that the department is meeting with local businesses and informing them of the new ordinance.

  3. Told the Board the Fire Committee pretty much knows what it wants to do and that the architects will put the nuts & bolts together. Mr. Denardo encouraged the Board to prepare the Fire Station Bond ahead of the deadline so everything will be ready to go.

    Mr. Rhodes encouraged Mr. Denardo to put off the Bond vote if the Department has to rush to complete planning. Mr. Denardo and Mr. Rhodes discussed the matter further. Mr. Dicton said the Board has no choice but to put the item before the voters since the voters approved spending the $9,000.00 to study renovations. Mr. Rhodes said he can't live with an astronomical number. Mr. Dicton and Mr. Denardo said the number is what the number is and there is nothing the Board can do about it.

    Mr. Rhodes said the Board could not place the item on a ballot. Mr. Rhodes and Mr. Denardo discussed the matter further. Mr. Hawley said the Fire Committee has reduced the architects initial cost estimate by more than 25%.

    Mr. Denardo said plumbing requirements were an unforeseen increase in the project cost. Mr. Denardo cited other code requirements, which must be met.

    Mr. Denardo said the department has been cautioned by the architects not to let the preliminary project cost become public, since they are likely to change before the final design is complete.

Town Administrator: Mr. Joseph Zingale reported:

  1. Informed the Board that the “Welcome to Rutland Town” sign is finished and that Mr. Larry Young would deliver three more wood signs for Green Screen Graphics to apply the wording and design.

  2. Informed the Board that the metal box and the compactor at the transfer station needs to be repaired or replaced. Mr. Rhodes instructed Mr. Zingale to get prices for the Board to consider.

  3. Mr. Zingale told the Board that the new computer he received last Wednesday died on Friday. Mr. Zingale said he is waiting to receive a new computer. Mr. Hawley and Mr. Rhodes will view the compactor box.

  4. Informed the Board that the Crossroads of Vermont Byway brochure incorrectly shows the Byway as going from US RT 4 East to US RT 7 to the Bypass and then to West Rutland. Mr. Zingale said the route should be from US RT 4 East to US RT 7 to West Street in the City to Business RT 4 in the Town. Mr. Zingale said the Crossroads of Vermont WWW site does not include The Town of Rutland WWW site address. Mr. Nicholson told the Board that a grant would pay for Town Byway signage.

Mr. Rhodes asked Mr. Faignant for his opinion regarding the Killington Ave. tree visibility matter. Mr. Faignant said the Board has an obligation to minimize risk if it can do it reasonably. Mr. Faignant said the Board is on notice it is a danger and the Board has to address the matter. Mr. Faignant said he is troubled that it comes at a difficult time for one person, however he said the Board has to consider the greater good.

Mr. Nicholson said he drove through the intersection several times and that he did not have a problem with visibility. He told the Board there is not a history of accidents at the intersection. Mr. Nicholson said the tree; impacts the visibility line of sight and is within the Town road R-O-W. Mr. Nicholson said he is throwing the matter back to the Board. Mr. Rhodes asked Mr. Hathaway how close the tree is to the edge of the paved road. Mr. Hathaway said the tree is about 6” from the road.

Mr. Hawley cited the fact that Mr. Hathaway had previously said he could put up mirrors to assist motorist. Mr. Nicholson said mirrors would be an option as well as remove one of the four tree steams, the one closest to the road. Mr. Nicholson said because the tree is an oak tree it would survive if one stem were removed.

Mr. Rhodes said he agrees with Mr. Faignant and that Mr. Nicholson should warn a meeting. Mr. Dicton said he needs to hear more before he has an opinion. Mr. Hathaway requested the Board consider removing the other oak tree on the easterly side of Victoria Drive. Mr. Hathaway said the trees inhibit site distance.

Mr. Faignant said because he is not sure what regulations the Town would have to comply, should the decision be made to put up mirrors to assist visibility. Mr. Faignant said a motorist might claim the mirrors were not placed high enough or they should have been a different size.

Mr. Faignant said if someone with expertise were to say the Town's mirror proposal is allowed, he would give the mirrors a try. Mr. Faignant said he would have to see the mirrors in place before it would satisfy his concerns. Mr. Faignant said the intersection is an accident waiting to happen. Mr. Rhodes asked that Mr. Nicholson schedule a meeting after September 1, 2012.

Mr. Rhodes briefed the Board regarding a Routes 4 & 7 Committee he and Mr. Hawley attended with Rutland City officials. Mr. Rhodes said the City plans on moving forward with a $3 Million dollar road improvement project. He said the City's share will be 10%.

Mr. Rhodes said the project involves; extending the pedestrian bike path from West Street to Strongs Avenue, a cu-de-sac will be made on Court Street, the curb cut to the tourist booth at the Park will be closed off and the building will be removed, Court Square access to RT 7 will be closed, signage and ornamental lighting will be installed, City sewers and storm drains will be replaced, gateway signs will be placed from West Street to Washington Street, Park lighting will be upgraded, RT 7 will be widened from Clover Street to Jackson Ave. Mr. Rhodes said the City is plans to do the project in 2013.

Mr. Rhodes briefed the Board regarding a Rail yard meeting he and Mr. Zingale attended with City, State and Federal officials. Mr. Rhodes said everyone seems in agreement that the “no build” alternative should be selected. Mr. Rhodes said if no alternative is selected the State would have to pay back two million dollars to the federal government.

Mr. Rhodes said another meeting will be scheduled in the future. Mr. Zingale said the City does not want to close Park Street to traffic and would like to do a new study to look at much smaller rail improvements, after the “no build” alternative is selected.

Mr. Faignant said he would not want anything to happen to the well the Town has developed on the Foley property. Mr. Faignant said the well is a huge resource.

Mr. Dicton asked Mr. Nicholson to take some photos of the intersection for the tree hearing.

Mr. Hawley made a motion to go into executive session to discuss contractual items with Mike Rowe. Mr. Dicton made a second to the motion. The motion passed unanimously.

Mr. Dicton moved to go with the Computer EZ bid price for the security at Northwood Park for $3,502.78. He said the Town will apply for a grant to get 50% funding for the project cost. Mr. Hawley made a second to the motion. The motion passed unanimously.

The Board reviewed packet correspondence.

The Board discussed the proposed “Employee Manual”. Mr. Faignant said he received

good suggestions from fellow Board members. Board members will submit their comments to Mr. Faignant and he will have a new draft at the next meeting.

Transportation Council & SWAC: Charles Shields reported:

No Meeting no report.

Police Chief: Ed Dumas reported:

Not present

Planning Commission: William Matteson:

Not Present

Mr. Faignant moved to adjourn the meeting at 8:30 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.