February 3, 2009




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


The Meeting opened at 6:30 P.M. The Board signed orders for twenty-five minutes.


The Board and those in attendance recited the pledge of allegiance.


Mr. Rhodes presented Mr. Hawley with a plaque of appreciation for his 10 years of service on the Town Select Board. Mr. Rhodes read the inscription on the plaque. Mr. Hawley thanked the Board for the plaque.


The Board reviewed the 1-20-09 minutes. Mr. Hawley moved to approve the 1-20-09 minutes as written. Mr. Hall made a second to the motion. The motion passed unanimously.


There was no Recreation Commission report.


Town Representative to the Rutland County Transportation Council, Mr. Charley Shields, informed the Board that Mr. Tom Donahue, of the Rutland Regional Chamber of Commerce, had made a presentation to the council regarding the need to keep the Rutland Amtrak train.


Town Representative to the Solid Waste Alliance Coalition (SWAC), Mr. Charley Shields reported:


1)     There is a bill in the Vermont Legislature that would allow Solid Waste Plans to be updated every two years rather than every five years.


2)     There is proposed state legislation to ban the disposal of cell phones from normal garbage. Mr. Shields said the retailers would have to take back the phones at no charge and manufacturers of computers and other associated electronics also be required to take back their products at no charge.


Town Representative to the Rutland Regional Planning Commission, Mr. Fred Nicholson, reported:


1)     The RRPC had formed an Energy Committee. He said there would be suggestions on the RRPC’s web site that explains how to save energy. He said members of the committee would also meet with Town officials and discuss doing energy audits for public buildings.


2)     Mr. Nicholson announced that he had been told the Railyard Environmental Impact Statement (EIS) had been released. The Board instructed Town Administrator, Mr. Zingale Jr., to get copy.


Town Road Commissioner, Mr. Byron Hathaway reported:


1)     His department is enjoying the dry spell and has use the opportunity to push snow back from intersections.


Mr. Hall thanked Mr. Hathaway for the road maintenance work he had done on the East Proctor Road.


Mr. Terenzini said at some point in the evening the Board needs to meet with Mr. Hathaway in Executive Session. Mr. Rhodes said the Board also needs to meet in Executive Session with the Town Police Chief.


Mr. Del Bianco questioned Mr. Hathaway regarding his work activities report. Mr. Hathaway said he salted areas where Mr. Flory apparently did not put down enough salt. Mr. Rhodes asked Mr. Hathaway if all the snowplow trucks have calibrated sanders. Mr. Hathaway said he believed all of the trucks are calibrated with the exception of Tim Hubbard.


Mr. Hall complemented Mr. Tony Flory for getting the job done on the East Proctor Road using less road salt.


Chairman of the Town Planning Commission, Mr. William Matteson reported:


1)     The Commission continues to work on updating the Town Plan. He said the Commissioners had recently met with Tara Kelly, of the RRPC and Jamie Stewart of the Rutland Economic Development Corporation.


2)     Mr. Matteson said he is looking for input from the Select Board for the Economic Development portion of the Town Plan. Mr. Matteson said previously the Town Plan never had an Economic Development component. Mr. Matteson said the Town Plan update should be complete by May 1, 2009.


3)     Informed the Board the US Army Reserves are considering the Thomas property off US RT 7 as a location to build a new facility.


4)     Mr. Matteson and Mr. Rhodes discussed scheduling a second Zoning public hearing.


Mr. Rhodes cited the fact REDC and the RRPC and other similar type organizations are considering relocating to a common office in hopes of being more efficient. Mr. Nicholson said past efforts have been unsuccessful in finding suitable locations for all of the various organizations.


Central Vermont Public Service (CVPS) representative, Mr. Marty Bowen met with the Board and explained a planned solar demonstration project proposed for Rutland Town. Mr. Bowen passed out information and made a presentation.


Mr. Bowen said CVPS plans to construct a small solar demonstration project on their Post Road / US RT 7 property in the town. He said the main focus is to have a demonstration project that is educational.


He said CVPS would partner with the apprentice programs at the Stafford Technical Center. He said the project would be relatively small at 50 KW. He said the facility would be 80 feet wide by 175 feet long. He said there is enough land to put in 250 to 300 KW if CVPS should want to expand the project.


He said the facility would be about 75 feet outside of the US RT 7 right of way. Mr. Bowen told the Board that CVPS would need to receive an Act 248 permit and a certificate of public good prior to construction.


He said the data from the solar generation would be posted on the Internet for educational purposes.


Mr. Rhodes questioned Mr. Bowen as to the direction the solar collectors will point. Mr. Bowen said the panels are designed to absorb light and not reflect light. Mr. Bowen said CVPS does not plan to fence in the facility.


Mr. Bowen said there would be 33 pedestal-mounted solar-arrays. He said each array would have eight panels. He said each panel would be 3 feet by 5 feet.


Mr. Hall asked how much energy could be produced if CVPS built on all of its land. Mr. Bowen said if CVPS built out their property with solar collectors they probably could produce the same amount of energy being generated by the nearby hydro station.


Mr. Bowen said that by building the facility on the ground it would allow CVPS to use power station for educational purposes. Mr. Bowen said the facility should be generating energy by December 2009. Mr. Bowen said the project would cost about $400,000.00.


Mr. Bowen said CVPS would formally apply for permits in the next few weeks.


Town Clerk & Treasurer, Ms. Marie Hyjek, reported:


1)     Town Report data was sent to the printer on Monday.

2)     Goal is to get the Town Report in the mail by 2-20-09

3)     March Ballot info has been emailed to printer

4)     Absentee ballots should be ready by Wednesday

5)     09/10 Scholarships applications are available

6)     Application deadline for the scholarships is March 20, 2009

7)     Reported the additional charge from Johnson Energy is a cost the company has been enduring over the years and has now put the charge on the consumer. Ms. Hyjek said because the Town has a contract with Johnson’s the company has proposed to reduce the fuel oil charge to offset the new charge.

8)     Reported Town audit is complete.

9)     Dog tags are available.

10)  Announced there will be a Board of Civil Authority hearing on 2-17-09 at 6:00PM

11)  Cited a liquor and tobacco license applications from the Green Mountain Boys for consideration.


Police Captain Mr. John Paul Faignant reported that since his visit to the Traffic Ticket Bureau in White River Junction and with each officer batching their own tickets it should give the town the opportunity to see where the tickets and revenue go.


Mr. Faignant said there has been an increase in property crimes in the Route 4 corridor. Mr. Faignant said the Police Department is encouraging business owners to install motion detection lights.


Mr. Faignant said that since his trip to the Traffic Ticket Bureau he now knows that the Town’s police department was not totally entered into the State’s system. Mr. Faignant said we now know that by not having a central computer has interfered with the communication between the Ticket Bureau and the Town.


Mr. Faignant said that in early 2008 the Ticket Bureau reduced from 90 to 30 days the time in which tickets must be submitted to the Bureau for processing. Mr. Faignant said the Ticket Bureau had not informed of the Town of the change. Mr. Rhodes said this is another blunder on the State’s behalf.


Mr. Rhodes and Mr. Faignant discussed the ticket matter further and no action was taken.


Town Administrator, Mr. Joseph Zingale Jr., reported:


1)     The quarterly landfill monitoring report to the State had been submitted. Mr. Zingale said the report shows some known chemicals are still present in monitoring wells. Mr. Rhodes read the report summary aloud.


2)      Informed the Board that Town resident, Mr. Marty Wasserman, had requested an agreement with the Town for the Town’s use of his property to turn vehicles around. The Board discussed the matter and decided not to prepare a legal agreement for Town use of the Wasserman property. Mr. Terenzini said the Town should drive down the street further in order to turn around.


3)     Mr. Zingale told the Board it appears he has had success in getting a sign for the Diamond Run Mall. Mr. Zingale said the Travel and Tourism Council office told him that the Mall could receive an exemption to put up a business sign visible from US RT 4. The Board discussed the matter with Mr. Zingale. Mr. Rhodes said given the current recession it is ridiculous the Mall can’t get a sign. Mr. Matteson said the mall is a multi million-dollar operation and the State is trying to put them out of business. Mr. Matteson and the Board discussed the sign matter further and no action was taken.


4)     Informed the Board that he and Mr. Matteson had met with members of the US 7 Corridor Committee and worked on a build out analysis for Rutland Town.


5)     Told the Board that the there is proposed legislation to place a tax on plastic bags and to ban the sale of bottled water in State Office buildings.


Mr. Zingale used the projector and displayed the Rutland Commons proposed traffic mitigation plan. Mr. Zingale showed the proposed third lane to be added to Cop John Drive and new traffic lights to be added at the south end of Cop John Drive.


Mr. Hall asked if the proposed Rutland Commons road would be a Town road. Mr. Zingale said he was not sure and Mr. Matteson said it would be built to town specifications and would remain a private road. Mr. Nicholson said Mr. Matteson should try to get his thoughts regarding traffic improvements into the US RT 7 South study for consideration.


Mr. Hall made a motion to support the project as proposed. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Terenzini informed the Board that the owner of the Green Mountain Boys store might move his business into the former Taco Bell building next to his existing building.


Mr. Hawley moved to approve the Liquor & Tobacco Licenses for the Green Mountain Boys. Mr. Terenzini made a second to the motion. The motion passed unanimously.


The Board discussed the appointment of a representative to the Regional Ambulance Service. Mr. Hawley moved to reappoint Ms. Mary Keirstead as the Town’s representative. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Rhodes said only the Highway department would receive overtime for any work before 7:00 AM and after 3:30 PM.


The Board reviewed packet correspondence.


Mr. Zingale reported to the Board regarding the Rocklyn Properties Act 250 hearing.


The Board reviewed and discussed committee-meeting minutes.


Mr. Hawley moved to accept the General Budget meeting minutes as corrected. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Hathaway informed the Board that he would deliver wood to several residents that have requested wood from trees cut down by the Town. The Board had no problem with Mr. Hathaway’s plan.


Mr. Rhodes cited Rutland Supervisory Union proposed 2009 salary amounts.


Mr. Rhodes cited a letter from Town Planning Commissioner, Mr. Mike Leonard regarding his desire to allow mobile home in more zoning districts in the town.


The Board set February 17 at 8:00 PM for the next Zoning hearing.


Mr. hall made a motion to go into executive session with Mr. John Paul Faignant and Mr. Byron Hathaway regarding personnel issues. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Rhodes declared the executive session closed at 9:12 PM. The Board took no action.


Mr. Del Bianco moved at 9:13 PM to adjourn the meeting. Mr. Hall made a second to the motion. The motion passed unanimously.