OCTOBER 27. 2009





The meeting opened at 6:48 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 10/13/2009 Minutes


Mr. Hawley motioned to accept the minutes as written.  Mr. Hall seconded the motion.  The motion passed unanimously.


Questions from the Floor


There were none.


Rutland Town Clerk/Treasurer – Marie Hyjek


Ms. Hyjek had “No Appeals Pending” forms from the Grand Lists for fiscal years 2006-2007 and 2007-2008 for the Board to sign.  The Listers had already signed off on them.  Mr. Hall motioned for the Board to sign the “No Appeal/Suits Pending” paperwork.  Mr. Dicton seconded the motion.  The motion passed unanimously.


Ms. Hyjek gave the Board budget comparisons for the first quarter of fiscal year 2009-2010 so items either already over budget or more than one quarter used could be reviewed.


VLCT insurance has carried some of the Fire Districts in the past along with the Town.  They are no longer planning on continuing the “Parent/Child” relationship between the two.  Ms. Hyjek said the two options are to just drop them or for the Town to absorb them and bill them directly.  Pam from VLCT said she would be willing to talk to the Board if necessary.  Mr. Rhodes said that each Fire District would have to make up for the extra cost to the Town.


The New American Grill and Tap Room submitted an application for a liquor license for the Board to sign.  This will occupy the space where Sports Legends was in the mall. Jonathon Turner is the new owner. Mr. Hawley motioned to approve the liquor license and Mr. Hall seconded the motion.  The motion passed unanimously.


Ms. Hyjek gave an update on the Tax Assessment Appeals.  She said three of the sixty four have withdrawn their appeals.  Businesses will be allowed a thirty minute hearing vs. the twenty minutes allowed for other property owners. Appointments for hearings will be starting at 6:00 P.M. and go until 8:00 P.M. vs. the 5:30 P.M. start time for the first two nights.



Highway – Byron Hathaway


Mr. Rhodes asked if there was anything new on Amanda Place and Mr. Hathaway said he has heard nothing.  Mr. Rhodes also asked if Mr. Hathaway would take a look at a parking problem on West Ridge Terrace.  There has been a complaint that someone is parking an excavator and truck on the road which makes it difficult for other vehicles to pass.  A question was raised about the possibility of putting up “No Parking” signs.


Plow blades have been given to Tracy Hubbard and all other subcontractors are all set.


A representative from Gorman’s visited Mr. Hathaway on a sales visit since he was in Proctor on business.


Mr. Hathaway said installation of the scales for the loader has begun and should be completed in a day or so.


Mr. Hathaway is working on the list for Mr. Rhodes of the plowing routes and subcontractor assignments.  Mr. Hathaway will also check to see if all the subcontractors have CDL licenses.


Salt is to arrive the week of November 2nd.


Solid Waste Alternative Communities (SWAC) – Charlie Shields


Mr. Shields reported that there were only nine people who brought hazardous waste to the transfer station and he feels that there needs to be more advertising, perhaps in the form of a sign posted at the transfer station a few weeks before the Hazardous Waste day.  Mr. Rhodes asked that Mr. Terenzini and Mr. Dicton get a sign for this purpose.  Mr. Dicton advised that Mr. Shields have the Circle advertise. Mr. Hall suggested that Mr. Zingale put it on the website.  Mr. Zingale suggested that the children bring home notices from the school for their parents. The next Hazardous Waste pick-up will be in April.  The next annual SWAC meeting will be on November 5th.


Rutland Regional Transportation Council – Charlie Shields


Mr. Shields reported that Susan Schreibman from the Rutland Regional Planning Commission gave an overview of the US 7 Corridor Plan at the last meeting. Mr. Zingale is to make copies of the new plan for the Select Board. There will be a meeting on Wednesday, 11/18/09, at the Holiday Inn on the Route 7 Corridor Management Plan from 6:00 P.M. to 8:00 P.M.


THE BUS received a grant due to the rail traffic causing them to miss their schedules.  There is a consultant working on this problem.


The Transportation Council is to prioritize eight bridges that are in need of repair for VTRANS.


Mr. Shields said that the Airport is upset about the wind tower proposed to be set up in another town.  The tower is still on the plot plan but in a different spot than originally planned.





Rutland Regional Planning Commission – Fred Nicholson


Jeff Hart, energy co-coordinator for the Vermont Country Store, gave a talk at the last meeting about energy.  He said that the Country Store has been able to save up to fifty percent in some areas on electricity.  He is a proponent of Efficiency Vermont. Mr. Hart is willing to speak to businesses and homeowners concerning energy savings.  Mr. Rhodes asked that Mr. Nicholson give Mr. Zingale Mr. Hart’s phone number.


Mr. Nicholson said that CVPS has targeted the Rutland area for conservation of electricity. 


The Department of Energy has given the Rutland Regional Planning Commission a $270,000 grant to use for energy projects.  Mr. Nicholson is to attend a meeting to discuss how to use this money.  Mr. Hall said he would like to know how much the new lights installed in the Town Office have saved on electricity.  Mr. Rhodes asked if any of this money could be used to plant trees on the Mead tract.  Mr. Nicholson said that there is no need to plant trees as the conditions are good here for seedlings to pop up.


Rutland Town Planning Commission – Bill Matteson


Mr. Matteson said that although he agreed with Mr. Hall’s comments that were submitted for addition to the Town Plan, he felt this was not the correct venue for his words.


Mr. Matteson questioned the Board on the motion passed at the last meeting tabling any action on zoning.  This spawned a long discussion.  He said he is looking for more direction on the subject.


Mr. Rhodes read the minutes concerning this motion and referred to Mr. Turner’s letter to the Town Attorney concerning the zoning document.  Mr. Rhodes said he felt the zoning document was too long, too restrictive (permits and red tape), essentially the same document proposed in the past and would cost the taxpayers money.


Mr. Matteson said this was not the case and that if the document was shorter, it may not meet all the legal requirements. He said he felt that there were some misconceptions about zoning and brought up the advantages of zoning such as being a “ten acre town” meaning that commercial developments on ten acres or less would fall under Town jurisdiction instead of Act 250.  He also said that the cost would be minimal, the zoning administrator would be paid through permit fees and the Planning Commission does not need a nine member board if some members are moved to the DRB (Development Review Board) nor do they have to meet twice a month.


Mr. Dicton, Mr. Terenzini and Mr. Hall all said that they have not heard from anyone in favor of zoning.  Mr. Matteson said that he has talked to some who are and asked that the issue of zoning be put on the ballot in March.  Mr. Terenzini said that if the public really wanted zoning they would have brought forth a petition.  Mr. Dicton said that zoning was tabled but could be brought up at a later date.


The discussion ended.




Police Department – John Sly


Chief Sly warned people to be wary when surfing the internet as there are possible dangers involved.  Recently there was a criminal complaint concerning death threats.  Cell phones and texting can also be dangerous.


Chief Sly reported the following:



He advised the public to drive with caution as the weather changes.


Mr. Rhodes said that he had received a letter from the City concerning revenue that was paid to the Town and wanted Chief Sly to check it out.  He also wants the police to check out the excavator parking issue on West Ridge Terrace.


Chief Sly reported back to Mr. Dicton on the Elbern Avenue “speeder”.  Chief Sly said that all but one person was driving appropriately and that nothing that has happened so far requires a 25 MPH sign per the statutes.  Mr. Dicton said that the “speeder” is tearing up someone’s lawn.  Chief Sly asked that he be given more information such as times of day of the occurrences so that he can follow up.


Fire Department – Joe Denardo


Chief Denardo passed out some information on proposed changes to one of the fire trucks.  The truck is nine years old and needs to be upgraded to be more functional. The cost is about $10,000 and the money will come out of the Depreciation Fund.  Mr. Dicton said he would like to see the truck and how the changes will help before voting on the issue.  Mr. Terenzini said he has seen the truck and it definitely needs some work.  Chief Denardo said the tanker needs to be upgraded to be in compliance with regulations.  He said he would also like to have the truck painted and will check out the cost of this.


Public Hearing – Rutland Town Report


The hearing started at 8:00 P.M.  Mr. Matteson said that there were two new sections to the report:  Economic Development and Child Care.  The rest is very similar to the previous document.


Mr. Hall explained why he wanted to add comments to the document.  He said he feels deficiencies are not the Town’s fault and the State has been failing the Town.  Mr. Matteson said that he agrees the AOT (Agency of Transportation) has not been too helpful but still feels there is a better way to get their attention, even get the governor involved if needed.


John Martin, a Town resident who lives on Perkins Road, passed out some pictures for the Board to review which involved what he felt were excess vehicles on a neighbor’s property and would like zoning to be considered by putting it on the ballot.  Mr. Zingale asked if the cars were just parked there or if they were having work done as that would make a difference. Since the lot is less than one acre, there is no law against him having his business. The issue of the owner of the property needing a license to operate was brought up.  Chief Sly said the vehicles that he checked were all registered.  Mr. Matteson said that perhaps there were ecological issues being near the brook but that Act 250 would not get involved if the property is less than one acre.


Mr. Hall motioned to adopt the Rutland Town Plan with additions/changes and Mr. Terenzini seconded the motion.  The motion passed with four votes in favor and one abstention from Mr. Hawley who has not been recently involved with the document.  The Plan is good for five years.  The hearing closed at 8:10 P.M.


Town Administrator – Joseph Zingale Jr.


Mr. Zingale reported that there were about thirty people at the “Button Up Vermont” meeting he hosted at the Town Office.  The keynote speaker was Steve Spence from Shrewsbury.  Dick Hoenes from the Home and Farm Center also spoke along with a representative from LaValley’s.  Mr. Zingale thanked the 99 Restaurant, the Ponderosa Restaurant, the Holiday Inn and Big Lenny’s who provided the food. He also thanked Jody Hall who helped him set up.




Mr. Rhodes approved Mr. Zingale’s letter to the Chamber of Commerce.


Mr. Rhodes acknowledged Mr. Zingale’s letter to Ms. Quigley notifying her that both of her dogs are banned from the Town.


Paula Baker from the Rutland Free Library has invited Mr. Rhodes to attend a meeting at the library on 11/12/2009 at 5:30 P.M. along with other surrounding town representatives to discuss if the communities’ needs are being met.




Fred Nicholson advised that his new tractor/mower is capable of throwing wood as he mows the sides of the road and to just be careful and patient and to let him know you are around.  He will motion cars to go around him.


Mr. Hawley asked for an update on the Red Roof Inn sewer issue.  Mr. Rhodes reported that Sharon Davis said that the full Board of Aldermen need to discuss this and then it will be referred to a Committee.  Currently everyone is busy with Tax Appeal Hearings and it may have to wait until the week of November 9th.


Mr. Hall motioned to end the meeting.  Mr. Terenzini seconded the motion.  The motion passed unanimously.  The meeting ended at 8:35 P.M.