NOVEMBER 10, 2009





The meeting opened at 6:45 P.M. with the Pledge of Allegiance.


Board members present:  James Hall, Stanley Rhodes III and Josh Terenzini.


Review of the 10/27/2009 Minutes


Mr. Hall said that the heading for SWAC should be called Solid Waste Alliance Committee vs. Solid Waste Alternative Communities.  He also said that on Page 4 the hearing should be for the Rutland Town Plan instead of report.  Mr. Hall motioned to approve the minutes with these changes and Mr.Terenzini seconded the motion.  All were in approval.


Questions from the Floor


There were none.


Town Clerk/Treasurer – Marie Hyjek


Ms. Hyjek brought to the Board’s attention that the Municipal Retirement Plan has changed its requirement from 25 hours per week to 24.  This would make more people eligible to join.  She said that Ed Dumas was interested although there was no money budgeted for the six percent match.  She also added that Mr. Burgess may also go over budget due to his overtime related to the Town reassessment.


Having the Fire Districts remain on the insurance policy in light of the changes made by VLCT no longer seems a viable situation since it would cause more work for the Treasurer in trying to bill and collect monies from the Fire Districts.  This issue will be looked into further.


The Red Roof Inn was discussed in regards to their water/sewer bill owed to the Town in the amount of $34,000.  Mr. Rhodes questioned why the Town pays the bills to the City regardless if the money was collected from the business or property owner.  Ms. Hyjek said that this was how it has been done and she was trying to avoid the five percent late penalty.  She added that when the Red Roof Inn has been in arrears in the past, liens have been put on their property.  They make an attempt to pay but since the City has discovered they were not paying the advalorem costs or the higher Town rate, their bill is even higher.  There is concern that the business may not make it.  Mr. Rhodes asked that the Red Roof Inn be represented at the next meeting held on this matter and Mr. Zingale said he would arrange this.  Mr. Rhodes added that the City is not interested in anyone making payments over a period of time.  They are also concerned that there may be other businesses that are not paying the correct rate.

Ms. Hyjek asked how the contract with the City would be affected if she did not pay the bill for those entities that have not paid the Town.  Mr. Rhodes said that at this time, he was not going to discuss the contractual issues; he just wanted to get the facts straight.  Mr. Zingale said that the Town would need a lawyer to deal with the contractual aspect.


Mr. Hall said that he felt it was time to put another lien on the Red Roof Inn.  Ms. Hyjek said that she would do so and have Mr. Lloyd try to collect the monies.


SWAC – Charlie Shields


Mr. Shields said the SWAC budget would remain the same as last year with no increase per capita.  Mr. Rhodes asked if the glass crusher was functioning and Mr. Shields said it was but with problems.  There is an issue of possibly having to repay the grant money if the crusher is not in use.


The surplus from this year’s budget will go towards education in the schools.


The State had proposed forming a Solid Waste Commission but it is on hold due to cuts in State positions.


There is legislation being considered concerning electronics and paint.  The proposal is for manufacturers to take responsibility for taking back unused product and disposing of it.


The hazardous waste collection day was discussed.  Mr. Shields reported that most of the towns had a fifty percent decrease in material brought in.  He said he is going to advertise in the Circle and he will use the sign that the Select Board Committee is to provide at the transfer station.


Mr. Shields also added that Rutland Town is the only Town in SWAC that does not collect electronics or mixed paper.  The Rutland Town attendants advise people to take their electronics to the Gleason Road facility. 


Police Department – Chief John Sly and Captain John Paul Faignant


Chief Sly said that there had been a complaint by a neighbor to Northwood Park that the lights are on in the daytime.  The lights in question are security lights and Jody Hall said that on dark days, sometimes the sensor turns them on but he has tried to adjust for this.  Chief Sly said he is not sure as to what Act 250 had to say about this situation.  He will continue to monitor the problem.


Chief Sly alerted the public that cars have been broken into in the Green Mountain Shopping Plaza and The Diamond Run Mall.  He advised that everyone lock their cars, especially with the Christmas season approaching.


Captain Faignant wanted to remind the public that the 25 mph speed limit for the school is from blinking light to blinking light, not just in front of the school.  This is in affect from 7:00 A.M. to 9:00 A.M. and from 2:00 P.M to 4:00 P.M.



Recreation – Jody Hall


Mr. Hall reported that he will provide keys for Officer Dumas for Northwood Park.


He talked about the bids for the resurfacing of the pool.  Some companies have been contacted.  Mr. Rhodes asked that some specs for the work to be done be drawn up before advertising in the paper.  Mr. Jim Hall suggested that the format used previously by Stantec be used as a guide.


Basketball sign-ups and camps are in progress.  The regular program should start in a couple of weeks.


The Halloween party went well and Jody Hall wanted to thank Tim Pockette and his wife for their work in making it successful.


The water will be shut off at both parks for the winter.


Ms. Hyjek advised Mr. Hall that Rick DelBianco has returned the key for the lights for Dewey Field.  She also asked about children of coaches not having to pay for sports.  Mr. Hall said that was a new practice and that there will be no more late fees.


The Recreation Commission will hold a meeting on the budget around the end of the month.  Jim Hall and Josh Terenzini will be notified of the time.


Town Administrator – Joseph Zingale Jr.


Mr. Zingale said that he has done a lot of research to find paperwork on the Town’s right of way on McKinley Avenue in preparation for the work to be done on the bridge in the spring.  He was not successful in finding anything.  He said that when this happens, the road is usually considered a three rod road. Mr. Zingale had a form to be signed by the Board.  Mr. Hall motioned to sign the form for the right of way considering McKinley Avenue as a three rod road.  Mr. Terenzini seconded the motion. All were in approval.  Mr. Zingale advised the Board that a meeting needs to be scheduled with property owners on McKinley
Avenue near the bridge including Byron Hathaway, the Road Commissioner.


Mr. Zingale reported that there has been no response as yet from the City to the letter the Select Board sent them on the two rail associations.


Mr. Zingale received a form from the Department of Defense that the Select Board can sign as a statement of their support for the troops.  Mr. Rhodes said he would like to review the form before signing.


Pete Andrews sent a report on the proposed storm water study using the grant money already received from the State. 






Mr. Zingale is the Energy Chairman for the Town and he has to form a team who will receive training on weatherization.  They then will go to at least ten homes and install some sort of weatherizing material.  Mr. Rhodes said that perhaps some of the Fire Department staff would like to take part.


Mr. Zingale asked Ms. Hyjek if she had received any bills for new users on McKinley Avenue as yet.  She reported she has not.  The Town will not bill its own Fire Department located on McKinley Avenue.


Mr. Zingale will give a copy of the Rutland Town Plan to Fred Nicholson so the Rutland Regional Planning Commission can confirm it.  He will also send a copy to the State.


Rutland Regional Planning Commission – Fred Nicholson


Mr. Nicholson reported that the Governor has asked all Department heads to reduce their budgets by eight percent.  The Municipal Grant Program is on hold and it is thought that it will be canceled.  This was about $400,000.  He advised that Act 117 requires that this activity continue so the Town needs to budget for it.


The grants the RRPC applied for from the Department of Energy, in the amounts of $169,000 and $80,000, are all but complete.  The grant requires that an energy audit be conducted on at least one municipal building in each town in the region.  The audit is paid for by the grant money but the towns have to pay to implement some of the suggestions from the audit.  The Department of Energy will also help the towns apply for more grant money.  Mr. Rhodes said he would like to incorporate the problem with the lights at Northwood.  The money should be available July 1, 2010.


The RRPC is also reviewing policies, in particular, how they handle Act 250 applications.


The development in the south of the Town has been a topic of conversation.  Mr. Nicholson advised Planning Commission members who are concerned about this project that it meets the land use of the Town and Regional Plans.




The Select Board received a report from Bob Burt on the Mead Tract concerning the timber harvest.  Trees are being marked in blue.  The harvest will extend into the winter.


The Town received a thank-you from St. Peter’s Church for the donation in honor of Dick DelBianco.


Mr. Rhodes asked Mr. Zingale why the Clarendon Park businesses only were charged 10% vs. 20% extra for their sewage.  Mr. Zingale reported that Pat Riordan, who prints the bills, was unaware that the cost should be 20%.






Mr. Hall brought up the repairs needed on one of the fire trucks.  Mr. Dicton has looked at the doors that jam and concurred with Chief Denardo that they need to be replaced.  The truck is nine years old and it is planned that the Fire Department will have the truck for twenty years plus.  Mr. Hall motioned to have the truck repaired as per Chief Denardo’s proposal at the cost of $9,911.  Mr. Terenzini seconded the motion.  The motion passed unanimously.  The money will come out of the Depreciation Fund.


Mr. Terenzini motioned to end the meeting.  Mr. Hall seconded the motion.  The motion passed unanimously.  The meeting ended at 7:45 P.M.