MARCH 16, 2010






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


Members present were: Joseph Dicton, James Hall, Steven Hawley, Stanley Rhodes Ill and Josh Terenzini.


Election of Officers


Mr. Zingale ran this part of the meeting and asked for nominations for Select Board Chairman. Mr. Hall nominated Stan Rhodes Ill. Mr. Hawley seconded the motion. The motion passed unanimously.


Mr. Rhodes asked for nominations for Select Board Clerk. Mr. Hawley nominated Jim Hall and all were in approval.


Review of the 3/2/2010 Minutes


Mr. Hall said he thought there should be a mention that the meeting was held at the Rutland Town School. Mr. Terenzini said that there was a typo under the Fire Department section with a repeat of “just had”. Mr. Rhodes said that it should be added that the meeting started with the Pledge of Allegiance. Mr. Hall motioned to accept the minutes with these changes and Mr. Terenzini seconded the motion. All were in approval with the exception of Mr. Hawley who abstained due to his absence at the last meeting.


Questions from the Floor


A resident was present to ask what was happening with the sale of the Town’s property on Route 7 North. Mr. Rhodes said that the Town was not selling the property on the north end of this resident’s property. Mr. Dicton said the matter was tabled until fall and must go before the voters on the ballot. Mr. Zingale said he was not sure that it had to go before the voters. Mr. Rhodes said that the majority of the Board was not in favor of the sale.


Mr. Moulton, a Town resident, was present to discuss his desire to split his parcels into three properties and have a tax bill for each one. Ms. Hyjek said that the Lister, Howard Burgess, is willing to break them down. Ms. Hyjek said that the tax bills reflect what is on the Grand List. Mr. Moulton asked if Ms. Hyjek would accept partial payments and she replied that this has never been done. She advised Mr. Moulton that one of his properties was paid for the whole year. Mr. Zingale added that the law has changed and the Vermont Legislature said that unsold lots must be considered one parcel and be on one bill.


Mr. Shields asked for an overview of the plans for the Vermont National Guard and the Army Reserves purchasing land off of Post Road. Mr. Shields was told that the Town would not receive any taxes from this property. The Thomas family would have to go through Act 250 but not the Guards or the Army. Mr. Zingale said that there will be a sketch plan hearing at the next Planning Commission meeting if Mr. Shields would like to attend. Mr. Hawley voiced a concern about extra traffic on Post Road. Chief Sly said that governmental vehicles cannot be excluded but he did add that the military wants to access main roads as soon as possible and there have been no issues in Rutland City with them using secondary roads.


Mr. Hall said that he had spoken to Bill Matteson, the chairman of the Rutland Town Planning Commission, and both the Army and Guards have agreed to use Route 7 for their vehicles. Mr. Dicton wanted to know if any Act 250 stipulations put on the Thomas family could be transferred the Army and the Guards. Mr. Zingale said that this would only be a hope since there is no zoning in Rutland Town.




A representative from the men’s softball league was present to discuss the use of Northwood Park and Dewey Field for their games as they did last year. He presented a contract to the Board. It was agreed that the use of Northwood would be up to the School Board. Last year the league paid $1,500 up front to the Town and another $1,500 in July for use of the fields. Chief Sly said there was on incident at the school field with alcohol. It was explained that this did not happen with the league but at the Currier Tournament. Mr. Zingale said he had received a letter from Kern Valente that she came home to find someone urinating on her lawn. This was deemed to also be from the Currier Tournament. The representative from the men’s league said that there is a porta-potty available and all were to use it. Mr. Dicton said that the league needs to ensure more control in these matters. Jody Hall, Chairman of the Recreation Commission, said he would like help from the league rebuilding the mound after the league uses the field. Mr. Terenzini motioned to have Mr. Rhodes sign the contract. Mr. Hall seconded the motion. All were in approval.


(The Board took a five minute recess.)


Town Clerk/Treasurer - Marie Hyjek


The Center Rutland Post Office is closing at the end of March. The mail will be delivered to the

West Rutland Post Office with the same mailing address including the post office box number.

Ms. Hyjek said that she thought the extended hours at the West Rutland Post Office would be

beneficial to the Town.


Johnson’s Energy sent recommendations for the alternate boiler. Mr. Rhodes said he would like to get prices from other private contractors before making any decisions.




Ms. Hyjek received a letter from the City concerning traffic ticket revenue. Mr. Rhodes said to have Chief Sly review the document.


Ms. Hyjek said that she wanted to thank all who worked at the last election. It went very smoothly. She added that there is a new law that states that those who work at the polls are tax exempt up to $1,499.


Ms. Hyjek reminded the public that dogs should be registered by April 1. This year the State is taking $4.00 from the fee as opposed to $3.00 last year.


Ms. Hyjek reported that the billing system and ledger for sewer bills need to be changed in light of the decision not to front money for Town customers. She is working with Pat Riordan and Fire District #1 to come up with a new system.


Grant money for the City’s Recreation Department, $11,000, was mailed to the Town in error and Ms. Hyjek is cutting a check for the City.


A letter was received from OMYA stating that a check sent to the Town in 2004 for recreation was never received and they will be sending one to replace it for $250.


Ms. Hyjek filed another claim with VLCT for damage the wind caused near the emergency generator. The first claim was for the roof. Mr. Dicton said he would like to see corrective action taken when fixing the problem this time. He said he would talk to Chief Denardo.


Ms. Hyjek gave the Board four liquor/tobacco licenses to sign for Green Mountain Boys, Johnny Boys Pancake House, Ponderosa and the Mobil Mart. She said there was a new violation for another business she will pass on to the Board.


McKinley Bridge


Mr. Hall said there was a meeting last Friday on the McKinley Bridge job. He said there were a few requirements that the Town is not used to since this involves stimulus money. The Town has to open a special account with the bank. Ms. Hyjek said she will check this out with TD Banknorth. All requisitions have to go through Mr. Zingale and he will forward them to the State for payment. According to Mr. Hathaway, the Road Commissioner, it is uncertain


until all the bids are in when the project will finish. There is a maximum three-year window to be audited.


Highway - Byron Hathaway


Mr. Hathaway said that the school wanted to use the Recreation department’s backhoe but he was told to get more information before allowing this to avoid damage to it.


The bids for the McKinley Bridge project will be opened 3/26/2010.



Mr. Hathaway said that he noticed Neighborhood Watch signs that are fading and barely legible. The Board suggested that he remove any old signs that are not readable.


Mr. Hathaway said he would have information in the next Select Board packets regarding the bids for paving.

Currently, his department is picking up trash beside the road and repairing damaged lawns from winter plowing.


The ‘Welcome to Rutland Town” sign on Route 7N needs to have the “0” replaced.


Mr. Hall asked about the sweeper and Mr. Hathaway said it is currently in the salt shed and he will be bidding it out for sale.


The plaque and speed limit sign on the McKinley Bridge are being saved for the time being. Mr. Rhodes asked about the status of the Town truck. Mr. Hathaway reported that it had been acting up but he took it to John C. Stewart’s and had it repaired.


SWAC - Charlie Shields


Mr. Shields said that the next Hazardous Waste Day at the transfer station will be on May 22, 2010. He has asked that Mr. Dicton and Mr. Terenzini provide signs to advertise this day. Mr. Shields also will have it put in the Circle, the Town newsletter.


Rutland Town Planning Commission - Bill Matteson


Mr. Matteson thanked the Board for putting the zoning question on the ballot. He said the Planning Commission would like to set up a dialogue with the Select Board to discuss the next step.


The Planning Commission will be reviewing a three-lot subdivision sketch plan from the Thomas family regarding the National Guard and the Army Reserves. There may be a forth lot for the road. He said the Guards and the Army Reserves have agreed not to drive heavy vehicles towards the Post Road Ext. end of Post Road, only down to Route 7. Mr. Matteson has asked that the road they are building adhere to certain specifications and he suggested they talk to the Select Board on upgrades to Post Road and Route 7. Mr. Matteson is asking for input from people before the final subdivision hearing in a couple of months.


Mr. Rhodes asked about a retention pond for storm water and Mr. Matteson said there would be one. Mr. Zingale said that the water needs to leave the area as it did previously. Hathaway would like to put conditions on the permit, i.e. use Post Road to Route 7 only along with a few other stipulations. Mr. Matteson said that conditions must be reasonable and able to be enforced. Chief Sly suggested a left turn only sign on the end of the new road.





Mr. Matteson said that Mark Blucher, from the Rutland Regional Planning Commission, attended the last Planning meeting and gave Part 1 of a presentation on the history of planning and where the authority comes from for the Planning Commissions. He will give Part 2 at the next meeting.


Mr. Rhodes asked about the three-lot Hubbard subdivision. Mr. Matteson said it was originally a four-lot subdivision but now the lots are going to be larger. He suggested that Mr. Hathaway come with the Commission on the site visit.


Fire Department - Chief Joe Denardo


Chief Denardo gave the Board an application from David Ricard Jr. who would like to join the Fire Department. He said that Mr. Ricard has previously been on the Fire Department and the Department voted to have him join again. Mr. Dicton motioned to accept the application. Mr. Hall seconded the motion. All were in approval.


Chief Denardo said the City has applied for a grant to help with Fire Department staffing and they are doing away with the ordinance that prevents City Fire Fighters from joining the Rutland Town Fire Department.


The Fire Department is going to park one fire truck at CVPS during the McKinley Bridge project. He said they are working on logistics on what route to take to fires and who will drive the truck. Mr. Dicton asked if Chief Denardo has talked to the City about using their streets for the interim. Chief Denardo said that he had informally. Chief Sly suggested having the City DPW post signs at the Field Avenue intersection warning that this is a fire apparatus intersection. The Town would supply the signs.


Police Department - Chief Sly


Chief Sly reported that there have been several animal complaints including one on Hitzel Terrace and one on Prior Drive. Both owners have agreed to follow the Town ordinance. If anyone needs to see the animal ordinance they can see the Town Clerk.


The music group MOE will be giving a concert at the Spartan Arena on 3/26 and 4/7. Ms. Hyjek said she will need an approved catering license from the State as they denied that last one saying the Arena did not have a public gathering permit. Mr. Zingale said a public assembly permit is only needed for outside activities, and a State permit is needed for ticket sales over 2,500. Ms. Hyjek is to contact the State on the catering license. The Pickle Barrel is serving alcohol at the event.


Chief Sly said that the State Police, the Rutland Town Police Department, the Rutland City Police and the Sheriffs Department will be overseeing the event. About 2000 attendees are expected. Residents on Windcrest Road will be notified of the event through Castleton State staff who will also help in parking vehicles. Traffic flow can be a problem so Officer Dumas and Chief Sly will be supervising this as well. He also asked if the Fire Department could provide lighting in the back of the mall for pedestrians. Chief Denardo said he could via tower lights but he thought the City had better equipment. Chief Sly will check with the City.


Recreation - Jody Hall


Mr. Hall said he followed up on the tennis court nets. He said they are supposed to break away during windstorms to avoid tearing the eyelets. Next year they will be taken down before the winter.


All three gates to the tennis courts will not open. Someone will have to take a look at it. Depending on the cost, it may go out for bids, but it was decided to wait until all the end of frost.


The gate is shut at Dewey Field and Mr. Hall said he would like a key so he can lock and unlock the gate.

Mr. Hall had a question from a tourist as to the availability of bike paths. It was suggested that they check with the Chamber of Commerce.


The batting cage at Northwood has been bent by the wind. Mr. Hall will file an insurance claim.


Ms. Hyjek asked about a piece of wood hanging from one of the light poles that was noticed by

a pedestrian who thought it might be dangerous.

Mr. Hall would like to have a Recreation Committee meeting at the Town Hall on 3/23. Mr.

Rhodes asked if he could wait until after 3/30 to schedule the meeting due to conflicts.

Town Administrator - Joseph Zingale Jr.


Mr. Zingale discussed a draft permit for MS4 (small separate storm water permits). Mr. Zingale, Mr. Hall and Mr. Rhodes attended a meeting on this subject which appears could cause extra work and money for the municipalities. Mr. Zingale suggested getting advice from Stantec and was given permission to do so. There will be a meeting with Stantec, Mr. Zingale, Byron Hathaway and two of the Board members at a later date. Mr. Zingale also said that the City has written a draft on how to handle the new procedures and that the Town may want to use this as a guide. There is a five-year window to comply, which gives the towns some time to absorb, discuss and plan.



The Board has scoring sheets to make out concerning the engineers who applied for the McKinley Bridge project. The dollar bids will not be the first criteria to be looked at in the decision process. Bids will be opened on 3/26/201 0.


Mr. Zingale reported that the new map company, Information Visualization Services, would like Russell Graphics to complete the digital project they have been working on at a cost of $3,600 ($2.00 per parcel). Mr. Zingale said that for $500 more paid to the new company, several types of maps could be added to the Town’s website, such as fire hydrants, subdivisions and storm water basins.


There was a traffic complaint from a resident on Cold River Road who has had an accident there. She said that there is too much traffic. Chief Sly is to check out the complaint.


The State intends to extend the “No Passing Zone” on Route 7N to the intersection with Pinnacle Ridge Road.


Mr. Zingale said that there is grant money in the amount of $15,000 available to towns or $25,000 available if it is a combined project with more than one town. He said there is a lot of competition for the money and suggested a possible project could be the impaired waterway from Rutland City to the Town, which is Moon Brook.


The Board voted on a wastewater allocation for the Ted Hubbard Jr. three-lot subdivision. Mr. Zingale said that all was in order. Mr. Terenzini motioned to approve the allocation and Mr. Hall seconded the motion. The motion passed unanimously.


Mr. Zingale reported on an animal complaint on Cold River Road for geese walking in the road as a hazard to motorist. He said that there is no law that prohibits the geese from walking in the road unless they end up on someone else’s property. The geese belong to the Hubbard Farm. Chief Sly said that a sign could be erected to warn motorists about the geese, just as it is done for cattle crossings.

Mr. Zingale presented the Board with the 1950 bridge marker from the McKinley Bridge for future historical purposes.




Mr. Hall passed out information from a fiscal study done for the State depicting serious deficits over the next four years. He said the study did not even take into consideration inflation. He sees this as a possible shifting of costs to the communities.


The Board reviewed and voted on four liquor/tobacco licenses. Chief Sly said all was in order. Mr. Hall motioned to sign the licenses for Midway Oil, The Ponderosa, Green Mountain Boys and Johnny’s Pancake House. Mr. Terenzini seconded the motion. All were in approval.


Mr. Terenzini motioned to go into executive session with Howard Burgess, Town Lister, at 9:07P.M. Mr. Hall seconded the motion. All were in approval.


The Board came out of executive session at 9:33 P.M. Mr. Dicton motioned to close the meeting. Mr. Terenzini seconded the motion. The meeting ended at 9:34 P.M.