Board members present: Stanley Rhodes III, Steven Hawley, James Hall, Joshua Terenzini and Joe Dicton Jr.


The Meeting opened at 6:55 P.M. with the pledge of allegiance.


Mr. Hall made a motion to accept the minutes of 3-15-11 with corrections. Mr. Hawley made a second to the motion.  The motion passed by a vote of 4 to 0. Mr. Terenzini did not vote.


Questions from the floor:


  1. Town resident Mr. Craig Robideau, representing the Town School “Odyssey of the Mind” program, met with the Board and requested a donation to fund a trip for 13 Town students to a World Finals in College Park, Maryland. Mr. Robideau informed the Board that two-town student teams came in second in a recent State competition. Mr. Robideau said it would cost $550.00 per child to attend the competition.

    Mr. Robideau said the group is also requesting funds from local businesses as well as trying to raise money. Mr. Robideau said the group has raised $3,000.00 to date. Mr. Robideau said the group planned to ask the School Board for a donation. Mr. Rhodes suggested Mr. Robideau also ask the Town Parent Teacher Organization (PTO) for a donation. Mr. Rhodes said the Board would consider the request and get back to Mr. Robideau.


  1. Mr. Byron Hathaway, representing his wife Irene Hathaway, read a letter from his wife to the Board. Ms. Hathaway said she is quite disappointment the Town will not be participating in upcoming Vermont Town’s 250th  celebrations this year. Ms. Hathaway said that according to the Town’s World Wide Web (WWW) site and the Town Charter logos on the Town Fire and Town Highway truck, the Town was chartered in 1761.

    Ms. Hathaway said despite the fact Proctor, West Rutland and Rutland City were split off from the Town it does not negate the fact the Town was chartered in 1761. Ms. Hathaway said participating in the celebration would be a good showcase the town through the newly designated byway.

    Mr. Rhodes said that according to Town Administrator Joseph Zingale Jr., the town is not 250 years old. Mr. Zingale told those in attendance that he believes the Town is 119 years old. He said the matter is a fine point and to understand the matter one needs to know what happened in 1991, when the City of Rutland tried to take over the Town.

    Mr. Zingale said the City of Rutland attempted to take over the Town through a parliamentary procedure. He said the City held a vote to throw-up their Charter, in the belief it would force the City back into the Town, thus taking over the Town. Mr. Zingale said the City spent considerable money and had received legal advice as to their planned action.

    Mr. Zingale said the matter later went to the legislature in 1991 and the City received a letter from attorney Paul Gilles, Assistant Secretary of State, which said the City had been created in such a way there is no Town to go back to and therefore their plan would not work.

    Mr. Zingale said the City of Rutland was created by combining all of the Village of Rutland with some of the Town of Rutland, and what was left became the new Town of Rutland. Mr. Zingale cited the fact all Town of Rutland records from 1761 to 1892 are with the City of Rutland and that Town of Rutland records begin in 1893.

    Mr. Zingale said in 1893 the Town of Rutland Selectmen became Aldermen and what remained of the Town elected a Select Board for 5the first time. He said if Mr. Hathaway is right then we would all be working for the City of Rutland presently. He said the City was not successful in 1991. Town Planning Commission Chairman, William Matteson, said he was on the Board at the time and that he agrees with Mr. Hathaway. Mr. Matteson said the Town learned in 1991 that it is under the King’s Charter of 1761. Mr. Matteson said the Town is authorized to operate under the 1761 Charter. He said the Town does not have a charter like the City of Rutland.

    Mr. Matteson said the City government in 1892 elected a new Board of Aldermen. He said the Selectmen in the Town of Rutland were elected from the Town of Rutland.

    Mr. Matteson said that as a result of the creation of the new City of Rutland some members of the Town Select Board were now located in the City and could not run for the Town Select Board. He said because of this the Town still operates under the 1761 New Hampshire Land Grant Charter.

    Mr. Zingale said Mr. Matteson got it right regarding the 1761 Charter but that the matter has to do with the Town of Rutland Government. Mr. Zingale said the land Grant Charter with includes West Rutland, Proctor and the City is not the issue. Mr. Zingale again cited Mr. Gillies letter.

    Mr. Rhodes said he is all for celebrating the 250 years. The matter was discussed further and Mr. Nicholson said he would help out with a local committee. Mr. Rhodes encouraged Mr. Hathaway to get his wife to lead a committee for a local celebration.

    Mr. Nicholson said he will be meeting with the Byway grant writing committee on Thursday and that he would pursue funding for the 250th celebration.



Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. That according to VLTC the annual inspection by Howard Fire Control is ok.

Mr. Hawley moved to have Howards Fire Control do our emergency exits and other emergency equipment inspection annually instead of quarterly. Mr. Terenzini made a second to the motion. The motion passed unanimously.


  1. Told the Board that the Town Fire Chief does not feel the Town’s fire extinguishers need to be monitored. She said he recommended the Town pay Howards to test the extinguishers. Mr. Rhodes said he would talk to the chief and get him to do the extinguisher inspections.


Solid Waste Alliance Communities:  Mr. Shields reported:


1.      The next household hazardous waste collection is scheduled to take place in a couple of weeks. He suggested individuals clean out their basements and garages.


  1. Reported manufactures will become responsible for the disposal of electronic equipment as of July 1.


Rutland Regional Transportation Council:  Mr. Shields reported:


1.      Cited the fact a federal rail official was in Rutland recently regarding possible funding for the proposed western rail corridor project.


2.      Mr. Shields said the local Airport manager has said the airport would still function if the federal subsidy is cut.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Reported the Town Officers Conference will be held on April 27th at the Holiday Inn.


  1. Reported the Brown Fields Committee is developing and action plan for the Flory site. Mr. Nicholson said the plan would address what needs to be done at the site.


  1. Informed the Board that a planned future extension to the unbuilt Creek Path would extend the path into the Town of Rutland near Park Street.


  1. Mr. Nicholson said per, Challenges for Change, the RRPC Executive Committee would be meeting with REDC officials to see if they can work together to achieve cost savings.


  1. Informed the Board that the RRPC will be holding an Open House to demonstrate what the RRPC has to offer.


Mr. Rod Cioffi met with the Board regarding whether the Town Treasurer Office should adopt and use the so-called Government Accounting Standards Board 34 (GASB) system of financial management.


Mr. Cioffi said at some point it would be a good idea for the Town to become GASB compliant. He said there is no penalty for not being in compliance. He said the standards are established so any town that uses GASB can be compared to another town, anywhere that also uses GASB.


He said a lender could make a determination on the credit worthiness of the Town based on a comparison with other towns to determine what interest rate they will charge you. Mr. Cioffi said the Vermont Bond bank does not care if a Town is GASB compliant.


Mr. Cioffi said the Board would need to budget for a switch to GASB and would need at least two years to become compliant. Mr. Rhodes said he thought it might make sense to begin to become compliant now so as to avoid having more work to do to become compliant in the future. Mr. Cioffi said the Town has a fair amount of work to do to become compliant.


Mr. Rhodes asked if Mr. Cioffi would be available to meet with a committee. Mr. Cioffi said he couldn’t make a commitment at this time. Mr. Cioffi said he does not think the Town is ill served by not being in compliance. Mr. Cioffi said the production of a year-end report under GASB would be an extra cost to the Town. Mr. Cioffi said Ms. Hyjek would need a week or more to prepare a report. The Board and Mr. Cioffi discussed the matter further and took no action.


Road Commissioner:  Mr. Byron Hathaway reported:


  1. Submitted a Town Road & Bridge Standards agreement with the State of Vermont for signature. Mr. Hathaway said the standards are very similar to what the Town has except for there is a requirement that the Town Road crew collectively attend at least 6 hours of best roads management practices.
  2. Submitted a grant application for a State Structures Grant for the replacement of an undersized culvert on Prospect Hill Road. Mr. Hathaway explained the work to be done. Mr. Hathaway also submitted a class 2 paving grant application for Board signature. Mr. Rhodes said Mr. Hathaway could sign the Structures application. Mr. Hawley asked Mr. Matteson how the State regulations compare to the Town’s regulation. Mr. Matteson said there are no conflicts.

    Mr. Hall moved to adopt the standards as presented by the Road Commissioner. Mr. Dicton made a second to the motion. The motion passed unanimously.


  1. Mr. Hathaway said he should have the paving bid documents ready for the next meeting. Mr. Hathaway said he planned to pave; Cold River Road, Killington Avenue, Quality Lane, Randbury Road, Seward Road and that he plans to revise Cop John Drive as well as pave Farrell Road. He said if the Town receives the paving grant he would have an additional $70,000.00 to $80,000.00 to spend on residential streets.


  1. Mr. Hathaway said he is about a year away from putting roads out to bid for paving the year before they are to be pave, in order to prepare the roads the previous year. He said this would allow paving to begin in may and should result in a cheaper price.


  1. Reported the sign inventory is done and the culvert inventory is almost done. He said the items have to be inventoried every three years. Mr. Hathaway said the Board needs to develop a policy as to how the Town will maintain signs. Mr. Rhodes said the Town would bring the signs up to standard when they are replaced. Mr. Hathaway said one method to maintain the signs would be to do an annual visual inspection, at night with a trained evaluator over age 65. Mr. Hathaway said the individual would have to be driven around in an SUV type vehicle.


Mr. Rhodes instructed Mr. Hathaway to put up curb and leash your pet signs in residential neighborhoods and Northwood Park.


  1. Mr. Hathaway told the Board, that at the request of Mr. Hall, he (Mr. Hathaway) investigated a water runoff problem. He Hathaway said he has not done anything yet because he wants to alert a homeowner that if he removes a snow pile it could cause significant lawn damage. Mr. Dicton and Mr. Rhodes said Mr. Hathaway should not do the work if it is outside the road r-o-w. Mr. Rhodes said the individual could do the work since it is on the person’s property.


  1. Mr. Hathaway informed the Board he is concerned he may have set a precedent by removing a large pile of snow from the end of driveway. He said he did so because a Town snowplow had placed the snow at the end of a resident’s driveway. Mr. Hathaway said he hoped the fact that Mr. Hall’s driveway was plowed out with a town truck does not start a snowballing affect.


Mr. Rhodes congratulated Mr. Hathaway for achieving level 3 in the Road Scholar Program.


Mr. Nicholson suggested the Board replace the regulatory signs before replacing street signs.


Fire Chief: Joseph Denardo reported:


  1. Requested permission to place an ad in the local paper seeking bids to repair the roofs on the towers at the two fire stations. He said he planned to give bidders three weeks prior to having to submit a bid. Mr. Dicton asked if Mr. Denardo plans on holding a showing for the bidders. Mr. Denardo said he would not schedule a particular day. Mr. Denardo said he would develop a scope of work for the bidders and would be available to show the stations. The Board and Mr. Denardo discussed the matter further and took no action. Mr. Denardo said he would not be participating in the bid review and selection since he has a conflict of interest.


Planning Commission: Mr. William Matteson reported:


1.       Submitted a letter of resignation from the Planning Commission submitted by Mr. Richard Hoenes.


2.       He said he is looking forward to working on the proposed zoning with the Select Board. Mr. Rhodes said he would schedule Mr. Mark Blucher to meet with the Select Board. Mr. Matteson said the Planning Grant is to work through any issues the Select Board may have with the proposed zoning document. Mr. Mattson said the Board could adopt the document this year and budget to administer next year.


3.       Informed the Board the Commission would be meeting with VELCO officials regarding a proposed new building. Mr. Matteson said the Commission would also be reviewing a final subdivision and a lot line adjust. Mr. Matteson said the Commission would hold it’s organizational meeting on Thursday.


4.       Mr. Matteson informed the Board that he and Mr. Howard Burgess recently attended an interactive television session regarding utilities trying to get permits in Towns. Mr. Matteson said the location was hard to find and that Mr. Andy Mc Kane was suppose to attend but may not have found the location. Mr. Matteson told the Board he felt the session was geared toward anti-development. Mr. Matteson said they give you a box of monkey wrenches so you can throw them into the works when necessary. Mr. Matteson said they were teaching us how to get what we can out of these businesses.  He cited an example of a new power pole and making the utility hide the pole as best as possible with screening.


Police Department: Captain John Paul Faignant reported:


1.       Reminded individuals to keep their windows rolled up and their vehicle and home doors locked. He said people should keep valuable items out of sight. Mr. Faignant said there has been and increasing number of crimes along US Routes 4 & 7, including parking lots.


Mr. Rhodes said the Board needs to authorize Mr. Faignant to handle officer Dumas’ accident with a mailbox. Mr. Dicton said he is unaware of the matter. Mr. Hawley made a motion to authorize John Paul Faignant to be the Board’s representative. Mr. Hall made a second to the vote. The motion passed unanimously.


Recreation Commission:  Mr. Jode Hall reported:


1.   Mr. Jason Pillon, representing a men’s softball league, met with the Board and requested permission to use the town’s two ball fields under the same terms as the contract from last year. Mr. Pillon presented a contract for approval. He said there were no issues last year. Mr. Rhodes said he was not aware of any complaints.

Mr. Terenzini said he supports the application and that the league has been a success. He cited the fact more than 100 individuals play in the league. Mr. Dicton said the group would need to have insurance. Mr. Pillon said the insurance would be in place prior to beginning play.

Mr. Rhodes asked if the conditions of the contract remain the same. Mr. Pillon said everything is the same. Mr. Hall move to allow Jason’s softball team to use the town facilities as they have in previous years.


Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Pillon asked how he should handle extending the season. Mr. Rhodes said Mr. Pillon should keep in touch with Mr. Jode Hall. Mr. Rhodes said as long as the softball league does not conflict with any Town programs they are good to go.


2.  Mr. Hall said baseball registration took place the previous week and that the Town Hall would still accept application for one more week.


Town Administrator:  Mr. Joseph Zingale reported:


1.      Informed the Board he had met with REDC, Rutland City, West Rutland and RRPC officials regarding a joint application for a $40,000.00 Community Development Block Grant (CDBG) to study the feasibility of extending either West Rutland or Rutland City water and sewer services into the Business Route 4 Center Rutland corridor. Mr. Zingale said the group would like the Rutland Town to be the lead applicant. Mr. Zingale said there is a 25% local match or $10,000.00 that would be paid by the three towns. Mr. Zingale said Town administrative time could count towards the Town’s portion of the local match. Mr. Rhodes cited the fact the Town had not budgeted any money for the proposed project. The Board discussed the matter and was in consensus the Town would be the lead applicant.


2.      Inquired if the Board wants to apply for a stormwater grant to help off set planned stormwater work being discussed and coordinated with Mr. Andres Torizzo. Mr. Zingale said the work with Mr. Torizzo could as much as $10,000.00.  Mr. Zingale said Mr. Torizzo has also request a $500.00 budget to meet with State stormwater officials in order to determine how much of their stormwater data the Town can use verses paying Mr. Torizzo to collect the data.

Mr. Rhodes said Mr. Torizzo talked about creating an inventory as to what the Town has in place as well as looking at erosion control throughout the troubled Moon brook area. Mr. Rhodes said that according to Mr. Torizzo the Town needs to slow down the storm flow and increase the base flow into the impacted waterway.  Mr. Rhodes said Mr. Torizzo has suggested a $1,500.00 budget to give the Board what we need to send to the State of Vermont. Mr. Rhodes said Mr. Hathaway and Mr. Zingale would be assisting Mr. Torizzo. Mr. Rhodes recommended that the Board approve a budget of up to $2,000.00.

Mr. Rhodes and Mr. Hathaway said the State might go easier on the Town if it sees the Town being proactive. The Board and those in attendance discussed the matter further and Mr. Hall moved to allow up to $2,000.00 to cover the initial $500.00 and then the $1,500.00 work with Andres Torizzo. Mr. Terenzini made a second to the motion. The motion passed unanimously.


3.      Informed the Board that the “City of Rutland” sign on US RT 4 East has not yet been removed. The Board discussed the matter and asked Mr. Hathaway to take care of getting the sign removed.


4.      Reported liens had been placed on all the properties that are delinquent in their water or sewer payments. Mr. Zingale said he had released the lien on the U-Haul property because the bill had been paid in full.


5.      Reported he had received prices from Vermont Roofing to repair either 10 or 100 slates. He said EZ Roofing did not submit a price as requested. The Board discussed the matter and decided to place an ad in the newspaper seeking a price to replace up to 100 slates.


6.      Told the Board Mr. Shields needs to be reappointed to SWAC. Mr. Hawley made a motion to make Mr. Charlie Shields the Board’s SWAC representative and Fred Nicholson to be his alternate. Mr. Hall made a second to the motion. The motion passed unanimously. Mr. Hawley made a motion to appoint Charlie Shields as the representative to the Rutland Regional Transportation Council and Mr. Nicholson as his alternate. Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Hawley moved to make Mr. Fred Nicholson the representative to the Rutland Regional Planning Commission and Mr. Charlie Shields as his alternate. Mr. Hall made a second to the motion. The motion passed unanimously.


7.      Presented a $9,300.00 contract proposal from Stantec for the spring and fall landfill monitoring. The Board discussed the matter and instructed Mr. Zingale to check with Mr. Greg Kepler and report back to the Board.


The Board discussed the Hubbard Brothers Inc. metal box proposal. Mr. Rhodes read from the proposed agreement. Mr. Rhodes said the Hubbards’ proposed two options. The first is a 60 / 40 split with the Town. The Hubbards would get 60% of the revenue from the Box and the Town would get 40% and the Town would not be charged for freon removal. The second option is for a 50 / 50 split with the Town and the Town would be invoiced for freon removal per appliance.

Mr. Rhodes told the Board he had spoken with a representative of the Home and Farm store and that they would provide freon removal for the Town. Mr. Dicton said the Town has to work with someone that has an EPA certificate. Mr. Rhodes said the Home and Farm store has a certificate. Mr. Dicton said the Town has to be very cautious before signing an agreement. Mr. Dicton said the Town needs to see the EPA certificate and a plan in place before going forward. Mr. Dicton moved to go with the 50/50 price from the Hubbard Brothers and eliminate the freon removal. Mr. Terenzini made a second to the motion. The motion passed unanimously.


The Board discussed a proposal from Johnson Energy to replace the heating oil tanks in Town Hall. Mr. Rhodes said he specified the tanks should be 330-gallon tanks. Mr. Dicton said he would like to see other proposals.


Mr. Rhodes said he didn’t think the Board wants different companies working in the furnace room. He cited the fact Johnson Energy has been servicing the furnace and treat the Town right with fuel oil. Mr. Terenzini said the Board could treat Johnson Energy as a preferred vendor.


Mr. Rhodes cited the fact that the Fire Department uses preferred vendors for its pagers and other equipment. Mr. Hall moved to go with the Johnson Energy proposal for the work as stated for $2,600.00. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Hawley moved to approve liquor license for the Manerie Family Enterprises (Ponderosa) and a tobacco license for Rockin Willies at the Diamond Run Mall. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Hall moved to go into executive session at 9:30 P.M. for discussion on the Gemeni Tax appeal and also to discuss the selection for the recreation maintenance position. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Rhodes declared the executive closed at 10:04 P.M. No action taken. Mr. Hall moved to close the meeting. Mr. Dicton made a second to the motion. The motion passed unanimously.