MINUTES: 1-31-11


Board members present: Steven Hawley, James Hall, Stanley Rhodes III, James Callahan and Joshua Terenzini.


The Meeting opened at 6:00 P.M. with the pledge of allegiance.


Mr. Hall made a motion to accept the minutes of1-18-11 with changes. Mr. Terenzini made a second to the motion.  The motion passed unanimously.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. She has mailed out ballots to the printer and that the Town Report was ready to go to the printer the following day and that she will now be required to use sacks instead of boxes to mail the Town Reports.
  2. Told the Board she will post the warrings the following day. Ms. Hyjek said the school warning was not signed rather the name was typed on the warning notice. Ms. Hyjek told the Board that the School Board had decided not to sign the warning even though she gave assurance she could change the warning and the School Board could resign it.
  3. Informed the Board they have liquor and tobacco licenses to sign.


Mr. Rhodes said the Board has liquor and tobacco license requests from; Hannaford’s Short Stop, Green Mountain Boys and the Holiday Inn Liquor license only. Mr. Rhodes said Chief John Sly had checked all of the applications. Mr. Hawley moved to sign the liquor and tobacco licenses as reviewed by Chief Sly. Mr. Hall made a second to the motion. The motion passed unanimously.


Solid Waste Alliance Communities:  Mr. Shields reported:


Not Present


Rutland Regional Transportation Council:  Mr. Shields reported:


Not Present


Regional Planning Commission Mr. Fred Nicholson reported:


  1. The recent TAC Meeting discussed how towns address highway access management and how we should reclassify our region’s roads. Mr. Nicholson said three road segments in the Town, two along US 7 South and North and Route 3 are under consideration for a change in category. Mr. Nicholson said Category 3 is probably the most strict with category 6 being a close second. He said Category 4 is the easiest category and is the least restrictive. Mr. Nicholson said US 7 South from the Holiday Inn driveway to the Clarendon line is presently a category 3 and is under consideration to go to category 6. Mr. Nicholson said there is not much difference in the level of regulation between the two categories.

    He expressed a concern for a change in US RT 7 south citing Mr. John Kalish’s proposed right hand turn off US 7. Mr. Rhodes cited the fact the Kalish access has been approved. Mr. Nicholson said the Fed’s must still make a decision on the proposed right turn off US 7.

    Mr. Nicholson said US 7 North is proposed to go from a category 6 to category 3. Town Administrator Mr. Joseph Zingale Jr. Question Mr. Nicholson as to the Category of the RT 7 North. Mr. Zingale said he had recently reviewed the matter with staff at the Rutland Regional Planning Commission and that he has a map showing the section in question as category 3. Mr. Zingale suggested the Board seek the least restrictive category as possible. Mr. Nicholson and Mr. Zingale and the Board discussed the matter further and the Board took no action.


  1. Mr. Nicholson said the Town Planning Commission should consider airport zoning. He cited the fact the State Representative from Clarendon has introduced a bill to the Legislature, which would require the Secretary of Transportation to determine, either before during or after the fact if a building is too tall rather than deal with the matter locally through zoning. The Board and Mr. Nicholson discussed the mater further and took no action.


  1. Informed the Board that the Committee reviewing the region’s Byway Designation proposal was very impressed with the group’s presentation. He said the plan received a unanimous affirmative decision. He said a hearing is set with VTrans for February 10th at the Killington Town Office. Mr. Nicholson said he would attend the meeting.


Road Commissioner:  Mr. Byron Hathaway reported:


  1. He had received the new Town Truck and used the truck over the weekend. He informed the Board the new owners picked up the old truck also on Friday.


  1. Told that Board that to date he has used approximately half of the winter budget.


  1. Informed the Board that Mrs. Mary Gill had submitted a $25.00 bill for the cost of replacing her newspaper box, which a town snowplow knocked over. Mr. Hathaway said the Town would have attempted to repair the mailbox had Mrs. Gill requested to do so. Mr. Hathaway said his policy is to not reimburse individuals when they make their own repairs and bill the Town. The Board discussed the matter and took no action.


Mr. Rhodes cited the fact it is illegal to plow snow across town roads. He said snow pushed in the road r-o-w makes it hard to keep the snow banks back off the road.


Fire Chief: Joseph Denardo reported:


Not Present


Planning Commission: Mr. William Matteson reported:


Not Present


Police Department: Chief John Sly reported:


  1. Cited recent break-ins to commercial and residential properties in the City of Rutland. He cautioned individuals not to enter a building or home if there are signs of a break-in. He said individuals should call the police and let the police enter the building first.


  1. Mr. Sly cited the fact that snowplow drivers can be held legally responsible if their depositing of snow or ice causes injury to another individual.


Recreation Commission:  Mr. Jode Hall reported:


  1. Informed the Board he had received a call from Mr. Bill Bauer, who is interested in the Recreation maintenance position. Mr. Hall told the Board he would give them a copy of Mr. Bauer’s resume next week. Mr. Rhodes asked Mr. Hathaway to ask Mr. Tom Gallipo if he would be interested in doing the mowing with the Town’s equipment. Mr. Rhodes said Mr. Hall should advertise the position for applicants. Mr. Jim Hall said the notice should list all the duties to be performed.


  1. Informed the Board he had spoken with Mr. Scott Stevens regarding the summer mowing. Mr. Rhodes said the Board is definitely not going to hire corrections this year.


  1. Cited the high electric bill the Town received for the lights used for the skating rink at Del Bianco Park. Mr. Hall told the Board he would investigate the bill to make sure it is correct. Mr. Hall told the Board that he had spoken with the Mc Mahon’s and that they reported that they did not turn any light on until at 6:00 P.M., when the rate is much cheaper. He said, according to the McMahon’s they only used one of the four light poles and that the light never came on prior to 6:00 P.M. Mr. Hall said the lights were used on January 12th, 15th, 16th and the 22nd.
    Mr. Rhodes said he had spoken with a CVPS person and that he was informed the first 5 kilowatts hours are free and that the Town consumption are way up. Mr. Rhodes said a total of 30.5 kilowatts were used. He said at $13.12 the Town bill is $417.89. Mr. Rhodes said he does think the use of lights at the rink is sustainable. Mr. Hall said the lights were not used from December 15th to January 12th. The Board and Mr. Hall discussed the matter further and Mr. Hall said he would report back to the Board when he has more information.


Mr. Rhodes informed Board members that he received several phone calls from Center Rutland residents opposed to the Board plan to turn off some Town street lights. Mr. Rhodes said the Town should move forward with plans to replace all the streetlights in Town with LED lights. Mr. Rhodes asked Mr. Zingale to get a price for the new LED lights. Mr. Sly inquired if residents who have streetlights could form a fire district and be responsible to pay for the lights. Mr. Callahan said he would still prefer to turn off the designated lights.


The Board discussed a request from the City of Rutland to place fill in the area know as the” valve-box graveyard”. The Board instructed Mr. Zingale tell Mr. Mike Garafano they have permission to place the fill on town land.


Mr. Rhodes questioned Mr. Hathaway regarding a maintenance issue involving the salt spreader on one of the contracted trucks working for the Town. Mr. Hathaway said the individual’s amount of salt application should be reduced because the spreader speed has been reduced.



Town Administrator:  Mr. Joseph Zingale reported:


  1. Asked if any Board members would like to form a zoning sub-committee and jointly review the proposed zoning with several Planning Commissioners. The Board discussed the matter and took no action.


  1. Informed the Board he recently attended a US RT 7 South Corridor Management meeting. He told the Board that he and Mr. George Ambrose (Clarendon Representative on the joint committee) decided to pursue getting the Seward Road / US 7 S intersection flared on the north side, which would allow for the signal timing to be lengthen for vehicles exiting the Green Mountain Shopping Plaza.


  1. Informed the Board he had mailed in the LED Spot-light grant application.


  1. Asked if any Board member was interested in attending Local Government Day in the Legislature. Mr. Hall and Mr. Rhodes said they had both register to attend.


  1. Asked the Board if he could take on the task of replacing the “Welcome to the Town of Rutland “ signs placed around town. He said several signs are in poor condition and need to be repaired or replaced. The Board discussed the mater and Mr. Rhodes suggested Mr. Zingale contact Mr. Larry Young to get a possible cost for doing the work.


  1. Informed the Board they had received a letter from another Center Rutland resident opposed to turning off any streetlights.


  1. Requested the Board sign the Thank You letter to The Vermont Country Store.


  1. Informed the Board that “The Rutland Commons” , the John Kalish project had received approval for a break in the limited access highway to allow for a right hand in turn off US RT 7 S.


  1. Told the Board the Town has received the new property maps.


  1. Asked if anyone knew if the two new 40-yard containers had been delivered to the Transfer Station. Mr. Hawley said he said the new containers at the Transfer Station.


  1. Requested a brief executive session to discuss a pending tax settlement.


Mr. Rhodes gave the Board a brief report regarding the clean-up status of the Flory Plaza. The Board instructed Mr. Zingale to send Mr. Tony Flory a copy of Mr. Ed Bove’s letter regarding building removal.


The Board discussed whether Mr. Zingale should takeover typing the Planning Commission minutes. The Board instructed Mr. Zingale to begin taking and typing the Planning Commission minutes.


Mr. Rhodes reviewed various items contained in the Board’s meeting packet.


Mr. Hawley moved to donate $75.00 to the Veterans of Foreign Wars. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Hall made a motion to go into executive session with Mr. Zingale to discuss a pending tax settlement. Mr. Callahan made a second to the motion. The motion passed unanimously.


Mr. Rhodes declared the executive session closed at 8:21 P.M.


Mr. Hall moved to follow attorney Ren Barlow’s suggested settlement for $190,000.00. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Hawley suggested the Highway Committee meet with Mr. Hathaway and ask him to come up with a plan to deal with overtime.


Mr. Terenzini moved to close the meeting. Mr. Callahan made a second to the motion. The motion passed unanimously.