MARCH 30, 2010



The meeting started at 6:55 P.M. with the Pledge of Allegiance.

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



Review of the 3/16/2010 Minutes

Mr. Hall pointed out that the backhoe mentioned under the Highway section belonged to the Recreation Department. He also said the bid for the sweeper was to sell it not to repair it. Mr. Hall motioned to accept the minutes with these changes and Mr. Terenzini seconded the motion. The motion passed unanimously.

Rich Carlson and Carl Anderson

Rich Carlson, a local insurance agent and Carl Anderson, a local attorney, have formed a new business called Emergency Costs Recovery Program LLP. They gave a brief presentation as to how their company could help the Town recover monies from negligent and responsible parties that require the assistance of the Town Police or Fire Department. They said that the Town of Mendon is already one of their clients. Mr. Terenzini asked what it would cost the Town to participate and Mr. Carlson said that he would have to review the Town records to see what could be recovered. Mr. Hawley and Mr. Dicton are to meet with them along with Joe Denardo, the Fire Chief and John Sly, the Police Chief to discuss the issue further. Mr. Matteson asked what determines who they go after to recover expenses and was told that the Select Board would determine this.

Town Clerk/Treasurer - Marie Hyjek

Ms. Hyjek reported that the property loss claim for the roof is still open. She also said that the claim for the generator was not covered. Mr. Rhodes asked why Skip Pratico had started to repair the fence around the generator and Joe Denardo said that there had been a misunderstanding. Mr. Dicton said he thought the job should go out for bids. Chief Denardo said he felt it would be easier to stick with the original contractor since Mr. Pratico has promised to fix the fence in the future for nothing. The Board felt that this promise should be in writing.

Johnson Energy sent the Town a letter explaining what they thought should be done to make the second boiler kick in when the first one fails. Ms. Hyjek sent a thank-you letter in return. The Board is to decide the next step.

Ms. Hyjek passed out a review of the third quarter breakdown of the budget vs. expenditures. She said that revenues have been lower than expected and hopes that some will be made up in the last quarter. For example, with the Recreation budget, pool passes will be coming up. She also said that money from the Mead Tract project is helping to offset shortfalls.

Based on Andrew DeForge's recommendation, a loan has been secured in the amount of $600,000 from TD Banknorth, to cover the McKinley Bridge project. The interest rate is 1.99% which will accrue $8,800 from April to December. Only three checks can be written off the account per month. Mr. Hall motioned to sign the paperwork for this loan. Mr. Hawley seconded the motion. All were in approval.

Ms. Hyjek discussed the timing for making out sewer bills for Flory Heights. She said she needs more time from Fire District #l to give enough lead time to consumers and avoid late fees. Since the City of Rutland, the Town of Rutland and Fire District #1 are all involved, Mr. Hawley suggested a meeting of all three to discuss a better timeframe. Mr. Rhodes said he would like to sit in on this meeting.

Transportation - Charlie Shields

Mr. Shields reported on a VTRANS presentation at his last meeting. Rail crossings are now maintained by the Highway Department of VTRANS.

If the Federal government does not approve of the Rail Yard relocation project, then the State will be responsible for it. He said that it was made clear at the last meeting that Rutland Town and the City of Rutland do not approve of the proposed location.

Government money has been received to improve the rail travel time from St. Albans to New York City.

The Middlebury spur is still in the planning stages.

The State is waiting for bids from contractors to improve the rail from Rutland to Whitehall, NY.

Rutland Regional Planning Commission - Fred Nicholson

Mr. Nicholson reported that Tara Kelly gave a presentation at the last meeting on farm and food. She said they are looking for one hundred acres for incubation farms.


The Federal government, the Fish and Wildlife Department, the Forestry Department and the Land Trust are looking for connectivity of habitat from northern Maine to the Adirondacks. They want cross-pollination along this route.

Money for a cannery in West Rutland has been approved.

The Legislature is proposing to eliminate some State Offices around the State and combine agencies into nine centers. This will impact the following:

        14 regional unemployment offices

        12 regional development committees

        11 regional planning commissions

        5 micro-business development programs

        14 State-wide training offices

        4 Employee training offices

        8 Regional Development offices

Highway - Byron Hathaway

Mr. Hathaway passed out proposed bid requests for the Select Board to review including the paving bid for one lump sum, the sale of the loader and the HIghway Department book.

The Highway budget was discussed. There is a deficit of $39,000 but there will be $238,000 coming from property taxes and $27,000 from State Aid. Mr. Hathaway said he projected a rollover of $132, 000 to the next fiscal year.

Mr. Hathaway discussed a new system of paving that could save the Town money. It is called cold in place recycling. The Gorman Company is the only company in the region that does this type of work. It is especially good on longer stretches of road. Mr. Hathaway suggested its use on Town Line Road and McKinley Avenue. It would gain one half mile of paving for the same price. It has been used in Mendon and on the New York Thruway. Mr. Hathaway gave the Board a video to watch if they are interested. The new technology is about $5.00 per square yard cheaper than conventional paving.

The bidding process to include this new technology was discussed and it was decided that the bid request would include the use of cold in place recycling and other contractors would have to subcontract this portion.

Mr. Hathaway said the entrance signs on Route 7N and the one by Hogge Penny on Route 4 are rotting and cracking. There was a brief discussion on how to replace them with no solution.

The Board reviewed the Highway salt usage vs. route adjustments.


Planning Commission - Bill Matteson

There will be a site visit for Ted Hubbard Jr.'s subdivision before the next Planning Commission meeting and then they will go to final at the meeting.

The Army Reserves had a sketch plan hearing and Mr. Matteson asked that the Board inform the Planning Commission of any requests they have before the final hearing.

The Waffle House planned by the Nordic Inn is moving ahead.

Home energy visits are planned for four volunteer homeowners. Mr. Matteson is working with Mr. Zingale on this project.

Fire Department - Chief Joe Denardo

There is a Home Show Builders event planned for April 10th at the Spartan Arena from 9:00 A.M. to 3:30 P.M. and they have asked for the Fire Department's presence.

One fire truck will be parked at CVPS during the McKinley Bridge project and Chief Denardo has set up a meeting with CVPS for 4/12 to discuss it. During the Relay for Life planned at CVPS, the truck will be moved.

One of the trucks is in need of new doors, a paint job and new lettering and this work will have to be planned around the bridge project. Money for these repairs will come out of the Fire Depreciation Fund. Chief Denardo will get a written proposal for this work for the Board to approve.

Chief Denardo requested two large maps of Rutland Town for the Fire Department and Mr. Zingale said he would check with Russell Graphics.

Mr. Dicton said he had visited the Fire Department during a training session and said he was impressed by the professionalism.

Police Department - Chief John Sly

Chief Sly reported that Sgt. Dumas is investigating a burglary involving stolen jewelry. Some of the jewelry has already been recovered.

As requested by the Board, Chief Sly has been monitoring traffic on Cold River Road near the Adele Stanley apartments and has found very little speeding.

He has also checked out the cul-de-sac on McKinley Avenue for loitering and littering.

Mr. Dicton asked if Chief Sly has checked with the Forestry Department about using some of their cameras for surveillance and Chief Sly said he has left a call and will check back with them again. Signage was also discussed for the McKinley Avenue area to deter perpetrators.


The "moe" concert had no significant problems and went smoothly.

Chief Sly said some people have been asking why they have to call the State Police instead of Town Constables. This is because the State Police have a dispatch system while the Town does not. Most emergency calls are answered by the State Police for this reason.

Recreation - Jody Hall

Jody Hall and Chief Sly went to a School Board meeting and the Adult Softball League has been approved. They will pay $3,000, $2,000 of which goes to the Town and $1,000 to the Booster Club.

Baseball sign-ups are ongoing.

Mr. Hall checked the wind nets at Northwood and he is going to talk to the manufacturer as they may not be used in the future due to the wind being so strong. The nets will come down in the fall.

The score board has been blown down and the dugouts have been tilted by the wind. It was suggested that Jody Hall check with Rob Wood for volunteers from GE to help with repairs.

The tractor is in need of repair. The Highway Department is to check it out.

Town Administrator - Joseph Zingale Jr.

Mr. Zingale talked to the Board about waste water reallocation. He said he would like to be able to put a number on each business and exercise the Town ordinance. Then usage could be reclaimed that is not being used.

Mr. Zingale would like to use a sewer grant to jet the sewer line on the south end of Town. There are five restaurants using this line and there are problems with grease. It would cost about $2,000 to $3,000 to jet and take about two days. Mr. Zingale met with the restaurants and told them that the grease traps would be checked and should not be more than 50% full or they will not work properly.

Mr. Hathaway met with James Tarbell from the City Police to discuss signage to alert the public about fire vehicles during the McKinley Bridge project. Mr. Zingale said that he thought the cost of the signs could be billed back to the project.

There is grant money available for towns that have done energy audits.

Mr. Zingale has done a study on reports for ad valorem and he says it appears that the City has added businesses which costs the businesses five times the normal rate. Home Depot has already paid the City $400,000 in impact fees in lieu of ad valorem.


The Town has a contract with the City concerning ad valorem and the City has acted without a discussion with the Town. The City wants to charge each business in the Green Mountain Plaza separately but the Town considers the Plaza one entity. He will check further into this.

Michael's has not been charging the one percent options tax. Tractor Supply stopped charging the one percent. The State has called them and Mr. Zingale has also visited the stores. LaValleys is using a City address and the four digit extension to the zip code isn't on the State's list. LaValleys said that they are charging the one percent so the question would be "Where is the money"? Mr. Dicton made a motion to allow Mr. Zingale to continue to pursue the one percent tax collection with the State. Mr. Hawley seconded the motion. All were in approval.


The Veterans of Foreign Wars has requested a donation from the Town. Mr. Terenzini motioned to donate $100 to them. Mr. Hall seconded the motion. All were in approval.

The MS4 Permit Designation was discussed. It will be expensive for municipalities to comply. Mendon has been excluded. Mr. Zingale suggested that Stantec give the Town some guidance and the Board gave permission for Mr. Zingale to set up a meeting with them. He said that the instructions are written as if each town has zoning which is not the case. The intent is to have Rutland Town excluded from the permit process.

The Board made their annual appointments as follows:

Tree Warden - Fred Nicholson

Recreation Department - Jody Hall needs to talk to Kent Smith to see if he will stay on the Recreation Commission.

Mr. Terenzini made the motion to re-appoint all others. Mr. Dicton seconded the motion. The motion passed unanimously.

Stantec was awarded the job of construction inspection for the McKinley Bridge project. The State and Wayne Simmons recommended Daniels Inc.'s twenty-eight day $290,000 bid for the construction of the project. Mr. Hawley motioned to accept the Daniels Inc. bid. Mr. Hall seconded the motion. The motion passed unanimously. Mr. Rhodes asked Mr. Zingale to make copies of all paperwork for the project for Ms. Hyjek.

The State has a new website that the Town can maintain concerning overweight limits. Mr. Zingale has a password.

Greg Keppler sent a memo stating that in 2013, the Town will no longer have to monitor cap landfill.


To qualify for State highway funds, the Highway Department has to spend over $300/mile. Mr. Hathaway prepared verification paperwork for the Board to sign. Mr. Hall motioned for the Board to sign this paperwork. Mr. Hawley seconded the motion. All were in approval.

There was a brief discussion on Russell Graphics and other map companies. Russell Graphics has given a price of $3,600 for the shape file and $2,250 for the fifteen month update. Mr. Rhodes said that Mr. Burgess, the Town LIster, mentioned a third company from Manchester. Mr. Dicton said it was previously decided that the Town would go with the Vermont Visualization Co. and that this third company from Manchester could be looked at sometime in the future. Mr. Terenzini motioned to sign the Russell Graphics contract. Mr. Hawley seconded the motion. All were in approval.

Select Board committees for the upcoming year are as follows:

        Highway - Mr. Hall and Mr. Rhodes

        4 & 7 - Mr. Rhodes and Mr. Terenzini

        Recreation - Mr. Dicton and Mr. Hall

        Transfer and Recycle - Mr. Hawley and Mr. Terenzini

        Intermunicipal - Mr. Rhodes , Mr. Hall and Mr. Terenzini

        Rail Yard - Mr. Hall, Mr. Rhodes and Mr. Terenzini

        Fire/Police - Mr. Hawley and Mr. Dicton

        Buildings - Mr. Hall and Mr. Dicton

        Scholarships - Mr. Hawley and Mr. Zingale

A reminder was given to the public to please clean up after their dogs when walking them at Northwood Park. Also, they should stay off the athletic fields.

Mr. Jody Hall reported that there are trees leaning at Northwood and Mr. Rhodes said to have the Tree Warden, Mr. Nicholson, take a look at them.

Mr. Terenzini motioned to end the meeting. Mr. Hawley seconded the motion. All were in approval. The meeting ended at 9:40 P.M.