NOVEMBER 24, 2009





The meeting opened at 6:50 P.M. with the Pledge of Allegiance.


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


Review of the 11/10/2009 Minutes


Mr. Terenzini motioned to approve the 11/10/2009 minutes as written.  Mr. Hall seconded the motion.  The motion passed unanimously.


Questions from the Floor


There were none.


Clerk/Treasurer – Marie Hyjek


Ms. Hyjek said she would have bids for the Town Report at the next meeting. 


BCA tax appeals started on October 23, 2009 and there are thirty four left to go.  The goal is to complete them by mid January 2010.  The last certified mailing was done on November 20, 2009.  Ms. Hyjek thanked the BCA members for their work and also the tax payers for their patience.


Wright Appraisal has fifteen hours left on their contract to attend the BCA meetings before they will charge $80 an hour.


Ms. Hyjek thanked Vaillancourt Tree Service for the use of their bucket loader in decorating the tree in front of the Town Office.  The electrical hook-up was not working as happens each year but has been fixed.


Charlie Hall will not be doing the Christmas wreath in front of the monument this year.


Red Roof Inn has made another payment on their delinquent sewer bill and now owe $18,032.23.  Dick Lloyd has been collecting payments.





Ms. Hyjek has researched the cost to the Town to continue to carry the fire districts on the VLCT insurance policy.  It would be $3000 which would have to be billed to and collected from the districts causing more work in the office.  Fire District #1 would pay less if they were on their own.  However, this is not true of the other districts.  Ms. Hyjek asked the Board what they wanted to do.  Mr. Hall asked about the lead time to the fire districts to set up their own policies.  Mr. Zingale agreed that it would be more work for the office.  Mr. Hall made a motion that the fire districts will no longer be carried on the Town’s policy.  Mr. Diction seconded the motion.  The motion passed unanimously.  Mr. Hawley said to make sure the districts get the contact information for VLCT.


Red Roof Inn


There was a lengthy discussion on the monies owed the Town by Red Roof Inn and the procedures in place regarding the collection of delinquent payments.


Mr. Rhodes asked why a lien was put on the Red Roof Inn.  Mr. Lloyd said it was because Mr. Hall had asked Ms. Hyjek to do so at the last meeting.


Mr. Rhodes read a letter from the Town attorney, Kevin Brown, that stated the Town should not have put a lien on the property as this is only done for delinquent tax payments.  Mr. Lloyd said that Mr. Brown was aware of the intent to put a lien on the property and should have notified the Town of his concern before the lien was placed.  Mr. Zingale had notified the Town attorney due to his own concerns about the placement of a lien, even though he did acknowledge liens have been used in the past.  Mr. Hall asked if there was a conflict with what the Town has been doing vs. the Sewer Ordinance. Mr. Zingale said that the Uniform Disconnect Code should be followed in dealing with delinquent users and that he is the Administrator for this procedure.  Mr. Zingale will get paperwork from the Town attorney on the Uniform Disconnect Code to record.


Mr. Lloyd asked if he should continue to collect from the Red Roof Inn. Mr. Hawley and Mr. Terenzini said that Mr. Lloyd has been successful so far in collecting nearly half of what the Red Roof Inn owes the Town and feel that he should continue to collect.  Mr. Dicton said he felt the lien should be recused and then start fresh.  Mr. Rhodes asked Mr. Lloyd to wait until the Town attorney has what he needs in place to make sure the Town is covered.  Mr. Hall said that Mr. Lloyd should then continue to collect from the Red Roof Inn and anything new should be handled by the Uniform Disconnect Code.


Mr. Dicton said a plan needs to be put in place as to whether the Town should continue to pay the City for delinquent users.  Ms. Hyjek mentioned the five percent late charge incurred when this is not done.  Mr. Zingale brought up that the North Clarendon Airport Park users have not been billed.  Mr. Rhodes said that Ms. Hyjek and Mr. Zingale need to work more closely together.  Mr. Shields said that he felt this discussion should have taken place in executive session.




Mr. Hall made a motion to no longer front money to the City for delinquent sewer users and Mr. Dicton seconded the motion.  The motion passed unanimously.


Mr. Zingale asked why the Clarendon Industrial Park users had only been charged ten percent for O&M costs instead of twenty percent.  Ms. Hyjek said that the company that prints our checks was unaware that these businesses are charged at a higher rate.  Mr. Terenzini said he felt all businesses should be charged the same rate.  Mr. Rhodes said that the City has told the Industrial Park users that there may be a reduction next year in their rates and the Town’s fee is contingent on what the City does.


At 8:25 P.M. representatives from the Red Roof Inn came in to discuss their delinquent sewer bill and contractual issues on the same.  Present were Mike Alazo, attorney for the group that owns the Red Roof Inn, Ashok Patel and Chetan Patel.  Mr. Hawley motioned to go into executive session at 8:25 P.M. and Mr. Hall seconded the motion.  The motion passed unanimously. The executive session ended at 9:17 P.M.


Swac (Solid Waste Alliance Communities) – Charlie Shields


Mr. Shields said there has not been a meeting and therefore had nothing to report.  Mr. Zingale will check with the Hubbards to see if they will provide the Town with a container for mixed paper.


Rutland Regional Transportation Council – Charlie Shields


Mr. Shields reported that there was a discussion at his last meeting on the bridges that need repair in the County.  They put eight of them in order of need.  He said there were three in Pawlet, one in Brandon and one in Hubbardton on the list.  He added that there are bridges on the list from years past.  Mr. Shields added that the funding for the repair to the Champlain Bridge could affect funding for the other bridge projects.


The Airport Manager gave a presentation at the RRTC meeting on the affect of wind towers on the airport.  He talked about the possible need for lights and how these towers could affect future expansion at the airport.  Mr. Hall said that it could be a big problem if the airport loses approach space.


Planning Commission – Bill Matteson


Mr. Matteson said that Charlie Shields, Jim Hall and he had attended the Route 7 Corridor study meeting last week and feels that their concerns are being met.  Mr. Hall said that Mr. Zingale did a good job of explaining the Town’s concerns.


Mr. Zingale had given a presentation at the last Planning Commission meeting on a proposed road to alleviate traffic on Route 7 South near Randbury Road.  They hope to connect this to the Route 7 project for funding.


The Planning Commission is changing their meeting scheduled for December 3rd to December 10th so they can attend an educational session.


Rutland Regional Planning Commission – Fred Nicholson


Mr. Nicholson reported that the RRPC has completed applications for funding to the Department of Energy and he expects a response in early December. 


The RRPC voted not to have a holiday party this year and are donating money that would have been used for the party to the Food Shelf.


Highway – Byron Hathaway


Mr. Hathaway reported that he had moved a sign for “Children at Play” on Sunset Drive further down as it was hampering a resident from moving his trailer. 


Mr. Shields said that a resident had told him he thought the stop sign on the hill by Susan Drive is a dangerous stop for the school bus.  Mr. Hathaway is to check this out.


Mr. Dicton asked if Mr. Hathaway received all the proof of insurance paperwork from the subcontractors.  Ms. Hyjek said she had received some of them.  Mr. Dicton asked about valid licenses.  Mr. Zingale said that VLCT doesn’t require CDL licenses.  Mr. Hathaway is to expedite the rest of the paperwork from the subcontractors.


Police Department – Chief John Sly


Chief Sly reported that they have investigated several burglaries.  He advised people to lock their cars when shopping and to move their cars when putting packages into their cars as they could be watched by potential thieves.  He also advised people be careful how they carry their pocketbooks.  He also explained the difference between identity theft and credit card theft.


Recreation – Jody Hall


Mr. Hall advised that all the parks have been closed up for the winter and water has been shut off.  He is still checking on the sensors for the lights.


Northwood Park had a door kicked in but there was nothing to steal.  The repair will cost about $1,400.  He has submitted a claim to the insurance company.


The Recreation Commission will have a meeting at the Town Office on December 3rd at 7:00 P.M.  The budget will be discussed and Mike Rowe will have information on the resurfacing of the pool.


Mr. Hathaway asked about the locking of the gates at Northwood and Mr. Hall said he would check on this.






Town Administrator – Joseph Zingale Jr.


The Army Reserves, currently located on North Street Extension in the City, is planning to purchase property from the Thomas family near CVPS on Post Road.  They will be requesting the Town take over a road that leads to Post Road.  Mr. Zingale has advised them that the road needs to be centered within the parcel.  A cul-de-sac or hammerhead will be needed for the Town plow to turn around.  Mr. Terenzini asked what the incentive was for the Town to take over the road if the Army Reserves do not have to pay taxes.  Mr. Rhodes said that other properties in the area do pay taxes and that the Army Reserves will be paying for water and sewer usage.


The Planning Commission will be involved in the subdivision of this property. 


John Sly said that the reserves currently have an indoor shooting range and they will probably have one at the new facility.


Mr. Zingale gave a presentation on a proposed road on Route 7 South that would help alleviate traffic congestion in the area.  As stated previously, it is hoped that this project will become part of the Route 7 Corridor project for funding purposes.  Mr. Zingale has spoken to some of the landowners about the proposed road.  The road could also be extended to the proposed Kalish development.  A study needs to be done on the feasibility of the road.  There will be a meeting in December on this proposal and the Select Board is invited to attend.  Consultants said the same idea could be implemented on the Diamond Run side of the road to help handle traffic.


Mr. Zingale said someone has to tell Ms. Hyjek, the Town Treasurer, to bill the sewer/water users at the Clarendon Airport Park.  Mr. Rhodes said that she should get a memo on the procedures to follow.  Mr. Hall said that he would follow up with Ms. Hyjek.


Nothing has been received from the Chamber on the railroad museums.


Mr. Zingale asked if the Board would tape their holiday greeting for PEGTV at the next meeting.


Mr. Zingale has been updating the Town’s website adding forms people have requested.  It is also possible to see the Select Board meetings on line.  People can also contact Town employees via e-mail addresses that are posted.  The Circle, the Town’s newsletter, is also on the website.


The Vermont Community Energy Mobilization project was discussed.  Volunteers are needed for this project.  Ten homes will be weatherized by volunteers after they are trained on weatherization.


Mr. Dicton motioned to sign the letter of support for this project and Mr. Hall seconded the motion.  The motion passed unanimously.





The meteorological test tower for CVPS was discussed.  Mr. Dicton said he would like to see more landscaping done around the borders to soften the look.  He did say that he would not vote on any motions concerning CVPS.


A donation to the Boy Scouts was discussed and tabled.


VLCT dues are owed for 2010.


A reappraisal summary was reviewed.  According to the State, the Town has a 99.18% CLA.


The Vermont Agency of Transportation is upgrading curb ramps and some are located in Rutland Town.


The Department of Public Service has Energy/Efficiency/Conservation block grants available at a 10% match.  These are for municipal buildings and schools.


The Town Hall chimney needs repair.  It is a safety issue.  The Select Board building committee is to look for estimates for the repair work.


Mr. Hall motioned to end the meeting.  Mr. Terenzini seconded the motion.  The motion passed unanimously.  The meeting ended at 9:37 P.M.