OCTOBER 13. 2009





The meeting opened at 7:00 P.M. with the Pledge of Allegiance.


Board members present:  Joseph Dicton, James Hall, Steve Hawley, Stanley Rhodes III and Josh Terenzini.


Review of the 9/29/2009 Minutes


Based on the minutes on Page 5, Mr. Rhodes asked that Mr. Zingale amend his letter on the dog hearing with Ms. Quigley.  Mr. Zingale said that the hearing was for only one dog and the Board voted to ban both of her dogs.  Therefore, another hearing may be warranted.  Mr. Rhodes said that he would research this.


Mr. Hall motioned to approve the minutes as written.  Mr. Terenzini seconded the motion.  The motion passed unanimously.


Questions from the Floor


Monty Butterfield, secretary for the Rutland Railway Association, was present to ask that the Select Board support his association as they have in the past and disapprove the Rutland Regional Chamber of Commerce’s plans to build a rail museum in the City. Mr. Butterfield feels that this would be in competition to their museum in Center Rutland and be a duplication of effort.  After a brief discussion by the Board, they felt that the answer might be in having the City and the Town work together to make one museum.  Mr. Rhodes asked that Mr. Zingale draft a letter to the Chamber concerning making this a joint effort between the Town and City.


Town Clerk/Treasurer – Marie Hyjek


Ms. Hyjek reported that tax money is starting to come in. 


There was a meeting of the BCA on October 7th to discuss how to proceed with the property assessment grievances. There are 52 property owners plus 12 businesses who have requested a hearing. It was decided that the hearings will start on 10/23/2009 at 5:30 P.M. and last until 7:30 P.M.  Each grievance is to last twenty minutes.  The next two hearings will take place on 10/26/2009 and 10/28/2009.  Ms. Hyjek will mail certified letters to property owners involved on 10/16/2009.  The Listers suggested trying to keep grievances from one area together to make site visits easier to complete.  Most site visits take place on the week-ends during the day to make them easier to attend for those BCA members who work.

Ms. Hyjek asked that BCA members try to attend as many hearings/site visits as possible but only three are needed to make a quorum. 


Mr. Rhodes mentioned that he will not be able to vote on any properties that he has helped build.


Wright Appraisal Company has thirty-five hours left on their contract and it was thought that these hours would be best spent with the businesses that are grieving.  Any hours over the thirty-five would be at $80 per hour.


The line of credit the Town applied for to cover late tax payment revenue will probably not need to be used.


Solid Waste Alternative Communities (SWAC) – Charlie Shields


The Town’s Hazardess Waste pick-up at the Transfer Station in scheduled for Saturday, 10/17/2009.  Mr. Shields reminded the public not to bring latex paints or car batteries.  He also mentioned that the fluorescent bulbs have a special receptacle and can be deposited at any time, but they do not belong in with the regular trash.


Rutland Regional Transportation Council – Charlie Shields


Mr. Shields reported that he will be attending a transportation meeting on October 22, 2009.  He said one topic of discussion will be the improvements to area bridges.  The AOT has set a timeline for these upgrades.


Rutland Regional Planning Commission – Fred Nicholson


Mr. Nicholson reported that he attended a VLCT (Vermont League of Cities and Towns) fair and that the position paper was passed with only some discussion on the transportation and education funding positions.


This evening he attended a Rutland Regional Planning Commission Executive meeting.  The Commission has received $270,000 in the form of two grants from the Department of Energy.  Part of this money will fund a half time position on the Commission even though there are two vacancies.  The rest of the money is intended to be used for two things:


·        Seed money as leverage for organizations to receive further grants for projects

·        Working with other organizations to meet unmet needs. One such situation would be the “Button Up Vermont” initiative which helps home owners save energy in their homes






Highway – Byron Hathaway


Mr. Rhodes asked that Mr. Hathaway prepare a list of the proposed plow routes for the winter.  Mr. Hathaway will prepare a spreadsheet that will also help when subcontractors help out with other routes they are not assigned.


Mr. Hathaway submitted a recommendation, as requested, for the scales for weighing salt.  Mr. Terenzini motioned to accept Mr. Hathaway’s recommendation and allow the purchase of the scales and a printer.  Mr. Hall seconded the motion.  The motion passed unanimously. 


Mr. Hathaway proposed to the Board that he obtain a Champlain Oil fuel card that allows him to buy fuel for vehicles at any gas station.  This would help to get the lowest cost and it would be a municipal card that doesn’t charge taxes. The Board and Ms. Hyjek suggested that the Fire Department be included on this card.  Mr. Hawley motioned to have Mr. Hathaway pursue obtaining a Champlain Oil card and include the Fire Department.  Mr. Terenzini seconded the motion.  The motion passed unanimously.


Mr. Dicton asked about the speed limit sign for Elbern Avenue that was requested at a previous meeting.  Mr. Zingale said that a survey needs to be done first by the Police Department.  Mr. Hathaway said he has talked to Chief Sly about this.  Mr. Zingale said he too would talk to Chief Sly.


Recreation – Jody Hall


Mr. Hall wanted to thank Mr. Hathaway and Mr. Nicholson for removing the tree at Dewey Field that was blocking the lights.  He also told Mr. Hathaway that the speed bumps at Northwood could be removed since the season is over.


Mr. Dicton requested a master key to Northwood for Officer Dumas.


Mr. Hall said that there is a possibility that the City Halloween parade will be held on Friday, October 30th and that is the day that the Town’s Halloween party is scheduled.  In that event, Mr. Hall said that the party would be held on Thursday instead of Friday.


Ms. Hyjek asked that Mr. Hall let her know when the porta-potties can be removed from the ball fields and also that he should get with Rick DelBianco on the lights.


Mr. Terenzini said that the National Guard is having a Community Appreciation function on Saturday, October 17th at 6:00 P.M. and that they will be giving the Town a certificate of thanks for the use of the Northwood Pool.  Mr. Hall is going to check with the Recreation Commission to see who is available to attend.







Town Administrator –  Joseph Zingale Jr.


Mr. Zingale asked Blair Enman of Enman Engineering if he would like to be on the Flood Hazard Zoning Board of Adjustment for Rutland Town.  Mr. Enman said he would. After a brief discussion, Mr. Terenzini motioned to appoint Jim Hall and Byron Hathaway as the other two members to the Flood Hazard Board. Mr. Hawley seconded the motion.  The motion passed unanimously.  Mr. Zingale said he would contact Mr. Wilk and set up a meeting for Thursday, October 15th at 6:00 P.M.  Mr. Zingale is to post this as a special meeting.


Mr. Zingale said a resident has complained for a second time about another resident on Victoria Drive having “outside storage” on his property including junk cars and garbage.  Mr. Rhodes as the Town Health Officer, Mr. Zingale and Chief Sly are to visit the site.  Mr. Zingale is to inform Chief Sly.


Mr. Terenzini asked about the resident on Post Road that also has a trash problem.  This has been brought up previously at another Select Board meeting and the police are having a difficult time contacting the resident.  Chief Sly is to serve a written complaint. 


The Hubbard Brothers trash contract will begin on October 15th and Ms. Hyjek asked if they will pick up the trash at the Town Office on the same day.  Mr. Zingale will follow up on this.  Ms. Hyjek also added that she would like them to fill out quarterly paperwork so she can make her report to the State.


Roger Loyzelle came to look at the chimney cap at the Town Office as it has become displaced.  Due to the weather, nothing was done as yet.


Mr. Zingale said there would be a free movie on money scams presented by the State Treasurer’s Department at Movieplex Nine.  Mr. Dicton reported that according to the newspaper, Movieplex has closed indefinitely.


The second Select Board hearing on the Town Plan has been scheduled for October 27th at 8:00 P.M.


Mr. Zingale is updating the Town’s website.  He will include the Fire Department minutes and Mr. Rhodes asked that the School Board minutes also be included.  Mr. Terenzini said to contact Rick Sweet for the Fire Department as he is the clerk.


Mr. Zingale will host a “Button Up Vermont” meeting on October 21, 2009 at the Town Office.  There will be guest speakers and  food, free light bulbs and $150 off on a home audit will be also be available.  Mr. Zingale said he would like a small budget to prepare for this.  Mr. Terenzini suggested a $100 budget.









The Board discussed at length a letter from the Red Roof Inn concerning their sewer bill.  Mr. Zingale gave a brief history of the issue.  In 2004, the Red Roof Inn connected to the City sewer.  In error, the City did not charge the higher Town rate.  Recently this was discovered and the City has presented the Red Roof Inn with a large bill which is the start of charging the higher rate going forward to make up for what hasn’t been paid in the past.  This would cost the Red Roof Inn more rather than going back to the price from 2004 to present.  The Red Roof Inn is already delinquent on their sewer bill but they are making payments.  There is concern that these large bills will put them out of business.  Ms. Hyjek added that there was no notification to Red Roof Inn on what was happening.


Mr. Dicton suggested Mr. Rhodes speak to the City along with a representative from Red Roof Inn.  Mr. Zingale said he could contact the attorney for the Red Roof Inn.  Mr. Rhodes said he would contact Sharon Davis, an alderwoman in the City, to schedule a meeting.


Elnicki’s Gravel on Cold River Road is undergoing an Act 250 hearing.  The Town is concerned about traffic that may develop from their expansion.  The Elnickis say there will be no increased traffic, just a new procedure.  Mr. Zingale said that in the past, he and Bill Matteson, chairman of the Planning Commission, have attended hearings.  Mr. Nicholson said that this issue will come up at his next Regional Issues meeting.  Mr. Rhodes said that the Town should get something in writing saying there will be no extra traffic related to the expansion.


CVPS will be putting up a poll on Post Road with meteorological equipment.


Tom Turner of the Rutland Town Planning Commission sent a letter to the Select Board disagreeing with Kevin Brown, the Town attorney, about the Zoning document. Mr. Rhodes asked if there was any support on the Board for zoning.  Mr. Hall motioned to table any action on zoning for an indefinite period of time.  Mr. Dicton seconded the motion.  The motion passed unanimously.


The City may be attending a meeting in Montpelier about maximum daily limits on the roads.  Mr. Rhodes asked if the Town should go in support of them.  Mr. Zingale said it was doubtful that the City will attend.


Mr. Hall and Mr. Hathaway attended the final inspection of the Pinnacle Ridge/Route 7 project and Mr. Hall signed off on it.  He did add a notation, based on Mr. Hathaway’s input, that there could be a problem down the road with excess water/snow –melt run-off from Route 7.


Bob Burt sent an update letter regarding the harvest project.


The DelBiancos sent a thank-you letter to the Town for support they received when their father, Richard J. DelBianco, passed away.




The Board received an unsigned letter concerning a barking dog at Flory Heights.  Chief Sly will investigate.


Amtrack has applied to the Federal Railway Association to extend service to Burlington and upgrade the tracks for the same.  A temporary station will be set up in Middlebury.  The upgrade to the tracks for the added service will also help freight traffic.




Mr. Rhodes asked Jody Hall to provide numbers relating to the resurfacing of the Town pool.  This will be in preparation for a separate line item on the ballot.  Ms. Hyjek reported that there is $20,000 in the Recreation Depreciation Fund.


Jim Hall asked if there should be a depreciation fund for the transfer station.  Mr. Rhodes said that a lot is being asked of the taxpayers currently but that the Board should take a look at the amount of money that is put into the existing deprecation funds to see if there is the appropriate amount going into each.


Jim Hall said he thought that the sewer allocation information that Mr. Zingale previously provided should be given consideration.  Mr. Rhodes asked that this be put on the agenda for the next meeting.


Mr. Terenzini motioned to end the meeting.  Mr. Hall seconded the motion.  The motion passed unanimously.  The meeting ended at 8:29 P.M.