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Rutland Development and Industrial Commission
Meeting Minutes – 7/8/15
Community Hall Annex
Meeting opened at 6:30AM. Attending: Mike Sullivan, Doug Briggs, Tom Dufault, Michele Van Reet
Visitors: Attorney Paul Cranston, Town Counsel; Mr. Dick Williams, Mr. Brett Russ
- Minutes of 6/26/15 meeting reviewed. Briggs motioned to accept the minutes as amended. Dufault seconded. Unanimously approved.
- Brett Russ attended our meeting to discuss HPDD and his interest in serving on the committee. We also need to have Matthew Lavoie and Bonnie Bessie present at a future meeting. Sullivan also mentioned that he received a phone inquiry from Mrs. Janet Barakian and asked her for an email expressing interest in writing.
- TIF Agreement – Sullivan requested that Dufault send it to Sullivan again.
- Van Reet brought up concern about members of the committee violating the open meeting law on Monday, 7/6/15. See attached complaint filed by Van Reet. Van Reet requested remedy by: Revote the voted on issue, the document included in the minutes (attached), and that all future meetings are legal.
- Van Reet made a motion to rescind the vote taken at the illegal meeting (regarding Barton taking borings at sites 1 and 2). Dufault seconds. Unanimously approved.
- Attorney Cranston entered the meeting as this discussion ended. Mr. Sullivan presented the information presented by Van Reet and asked for his opinion on the issue presented. Mr. Briggs asked if we should file the documented complaint and Mr. Sullivan asked if it was necessary to include the paper work. Attorney Cranston stated that it was already in the file and it should stay in the file.
- Mr. Sullivan met with Attorney Cranston regarding borings and what should/shouldn’t be allowed. Attorney Cranston said that he is agreeable with most of the agreement with the following exceptions:
- #5 – Change ‘have’ to ‘has’.
- #6 – Time for performance is blank. Attorney Cranston will fill in the closing date.
- #13 – Attorney Cranston is physically holding the deposit check and will give it to the treasurer at the appropriate time (when RFP is signed).
- #18 – Financing Contingencies should be stricken because it was specifically noted in the proposal that it wasn’t needed.
- #19 -Property Inspection – A portion of red line should stay.
- They should give us notice when they inspect and we should be able to have someone present if we want.
- Should state “for a period of 60 days”.
- We will provide them with our plans denoting where the foundations are located.
- We should also include “setting forth a determination of facts” or some language that they should give us a reason why they would back out of the purchase – must reference environmental contamination (in excess of state guidelines). Foundations, ledge, etc. should not be grounds for backing out as the property is being sold ‘as is’.
- They will provide us with any and all test results of their testing.
- #25d - Will be deleted.
- #25e – Will be deleted.
- #27d – Dufault has talked to Pare and the roadway issue is being addressed.
- #27e – Attorney Cranston will include language regarding title matters that they are already aware of.
- #31 – Red line rejected. Blue line will stay minus ‘variance’ . No changes will be accepted on this Briggs makes motion, seconded by Van Reet. Unanimously approved. Amended to change with “variance” stricken. Briggs motioned, Van Reet Seconded. Unanimously approved.
- #32 – Van Reet motioned to strike it. Site 1 is not part of the proposal. Briggs seconded. Unanimously agreed.
- Minor formatting changes will be accepted.
- Briggs motioned to accept the modifications noted above. Dufault seconded. Unanimously approved.
- Indemnification agreement – Mr. Sullivan clarifies that if site 2 fails, they will need to submit another RFP for site 1. Attorney Cranston will also provide language that the boundary lines will be agreed upon by both parties.
- Mr. Sullivan sent letter to Board of Assessors with details of the RFP and requested annual revenue to the town. This information should be available for the special town meeting.
- Mr. Sullivan confirmed with Attorney Cranston that there is no time line regarding the posting in the Central Register.
- Briggs motioned to adjourn. Van Reet seconded. Unanimously agreed. Meeting adjourned 7:47AM.
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