MINUTES: October 11, 2011


Board members present: Stanley Rhodes III, Joe Dicton, Steve Hawley and James Hall


The Meeting opened at 6:50 P.M. with the pledge of allegiance.


Mr. Hawley moved to approve the 9 -27-11 minutes as presented. Mr. Dicton made a second to the motion. The motion passed unanimously.


Questions from the Floor


Town business owner, Ms. Jan Downing, inquired as to whether the Select Board could assist in getting her tax bill adjusted. Ms. Downing told the Board that she lost half of her parcel when one of the buildings on her property burned down last year. Ms. Downing said she discussed the matter with Mr. Howard Burgess last year and that when she received her new tax bill it was higher than last year.


Mr. Rhodes said Ms. Downing needs to discuss the matter with Mr. Burgess. Town Clerk & Treasurer Ms. Marie Hyjek said she would check to see whether the Board of Abatement could take up the matter in the future. She told Ms. Downing to speak with Mr. Burgess the following day.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1.  Informed the Board that the tax appeals for the 2009 Grand List have been settled. She said the tax appeals are still pending for 2010.
  2. Informed the Board the Town audit is not yet complete and is being delayed due to the tax appeals.


Mr. Hall moved to sign the 2009 Grand List per the statement read by the Chairman. Mr. Hawley made a second to the motion. The motion passed unanimously.


  1. Cited a letter in the Board’s packet from Ms. Kimberly Gardner requesting she be allowed to dispose of her garbage and flood debris at the transfer station at no charge. Ms. Hyjek said she told Ms. Gardner to check with FEMA because the Town does not take hazardous material. The Board took no action.


  1. Told the Board she informed the Rutland County Battered Woman’s Network it would need to get a petition with 5% of the voters to get on the Town ballot.


  1. Reminded the Board there will be tax appeals on Tuesday the eighteenth.


  1. Told the Board there could be a Board of Abatement hearing in the future. 



Solid Waste Alliance Communities & Rutland Transportation Council:  Mr. Shields reported:


  1. Announced the next Household Hazardous Waste Collection will be on the weekend at the Town Transfer Station.


  1. Told the Board the Town of Mendon made a presentation regarding how they responded to tropical storm Irene


  1. Inquired as to the status of the Grove Street Bridge. Mr. Rhodes said the City is waiting for a State inspector to check the bridge. Mr. Rhodes said the bridge was a low priority.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Business as usual.


Town Road Commissioner: Mr. Byron Hathaway reported:


  1. Requested the Board sign off regarding an Agency of Transportation form pertaining to whether the condition of the Cold River Road is acceptable to the Town, as a result of the detoured traffic caused by Irene. Mr. Hathaway said he is not aware of any damage to the road. Mr. Dicton moved for the Chairman to sign the Agency of Transportation form. Mr. Hall made a second to the motion. The motion passed unanimously.


  1. He is prepared to send out his letter regarding the fence in the Hitzel Terrace Road right of way stating the Town will not be responsible for damage to the fence. Mr. Zingale suggested the Town send the individuals a letter stating the fence is a violation of a Town ordinance and needs to be removed.


  1. Reported he had located the septic tank at the Town pool. He informed the Board the septic tank does not have any baffles and consequently the sludge in the tank is draining. The Board discussed the matter and instructed Mr. Hathaway to make swing ties and to install the baffle and riser in the spring. Mr. Hathaway will get the tank pumped out. Mr. Rowe will put up signs instructing individuals not to flush certain items down the toilets.


  1. Informed the Board the Town had received signs indicating east Creek is part of the Otter Creek water shed. Mr. Hathaway will place the signs near Town bridges over East Creek. Mr. Hathaway said the post, the sign were free and that the Town would be reimbursed for labor to install the signs.


Mr. Hall asked Mr. Hathaway to explain why he was working around Hendee’s garage following the flooding. Mr. Hathaway said he had to address the town catch basin near the corner of the Hendee building. Mr. Hathaway said the ditch the catch basin discharges was full and had to be cleaned.


Mr. Rhodes questioned if the Town has authority to maintain the ditch in the future. Mr. Hathaway said he had to clean the ditch from East Creek back to the two culverts. The Board discussed the matter further and took no action.


Mr. Dicton said Mr. Hathaway should get insurance certificates and CDL cards from all of the snowplow drivers. Mr. Hathaway said he would do so.


Police Department: Captain John Paul Faignant reported:


No report


Recreation Director: Mike Rowe reported:


  1. Questioned the Board regarding a sewer problem at Dewey Field. Mr. Dicton said there is a problem with the line from the women’s restroom. Mr. Rowe will check with maintenance person Mr. Bill Bauer.


  1. Questioned the Board regarding the removal of the metal playground toy at Dewey Field. Mr. Zingale will contact Mr. Jim Earl regarding the removal.


  1. Informed the Board the Halloween Party is scheduled for Sunday October 30th at the Town School Gym from 5:00 PM to 7:00PM.


  1. Told the Board the Recreation Department plans to continue the practice of having pizza parties for the various soccer age groups. The Board had no problem with the request provided the event is covered in the budget.


  1. Reported winter basketball registration will be November 1st and 2nd at the Town School Gym lobby from 5:00 PM to 6:00PM


Town Administrator:  Mr. Joseph Zingale reported:


  1. Requested permission from the Board to hire an engineer to assist with completing a Hazard Mitigation Grant to either elevate the Post Road pump station or relocate the electrical panel to higher ground. The Board discussed the matter and told Mr. Zingale to contact Stantec.


  1. Cited the $25,346.00 in recovery expenses for getting the Post Road and State Place pump stations back on-line after Irene. Mr. Zingale told the Board he had submitted the information to the Town’s insurance adjustor and will keep the Board informed.


  1. Informed the Board that CVPS has issued it street light tariff and that the Town would save about $2,000.00 a year after converting all Town street lights to the new LED type. Mr. Zingale told the Board that Efficiency Vermont would cover the Town’s conversion expenses. Mr. Zingale said he needs to get from CVPS the depreciated value, CVPS would expect the Town to pay. Mr. Zingale will report back to the Board when he has more information.


  1. Requested a brief executive session to discuss a water user bill.


The Board considered the so-called Farrell Road Slip Lane application to VTrans. Mr. Hall moved for the Chairman to sign the Farrell slip lane application. Mr. Hawley made a second to the motion. The motion passed unanimously.


The Board reviewed packet correspondence.


Mr. Hall moved to authorize the Chairman to sign the release form with Mr. Brunell terminating the timber harvest. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Rhodes cited a letter from Mr. Bob Burt to CVPS, informing CVPS that they had trespassed onto Town land and had destroyed 200 to 300 feet along the property line. Mr. Zingale said he thinks Mr. Burt may be incorrect as to the location of the Town land. Mr. Zingale told the Board he had sent Mr. Burt an e-mail regarding the location of Town land.


Mr. Rhodes raised questions regarding the clean up of the Flory Plaza. Mr. Nicholson said the Flory’s could tear down the building anytime they want to do so. Mr. Rhodes said the Board needs to discuss the matter again with the Town Attorney.


Planning Commission: Mr. William Matteson reported:


Not Present


Fire Chief: Joseph Denardo reported:


Not Present


Mr. Dicton moved to go into executive session to discuss the Flory Heights water/sewer concerns. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Rhodes declared the executive session closed at 8:05 PM. Mr. Hall moved to close the meeting. Mr. Dicton made a second to the motion. The motion passed unanimously.