March 31, 2009




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


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


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


The Board reviewed the March 17, 2009 minutes. Mr. Terenzini moved to approve the minutes as corrected. Mr. Hall made a second to the motion. The motion passed unanimously.


The Board met with individuals who would like the Board to make Amanda Place a Town road. Attorney John Licardi told Board members that the two outstanding issues (possible existence of stumpage in the roadway and the adequacy of the drainage from the as-built road) have been addressed by Mr. Brownson Spencer, PE.


Mr. Licardi cited the boring report, which had been submitted to the Board. Mr. Licardi said Mr. Spencer had met on-site with Town Road Commissioner Mr. Byron Hathaway. Mr. Licardi said the road drainage appears to be in order.


Mr. Licardi said all landowners are prepared to sign-off on drainage, as it is now. Mr. Rhodes inquired if the sign-of would pertain to the wells and where they were drilled.


Mr. Rhodes asked if any water testing for salt had been done. Mr. Spencer said they could test the wells for chloride. Mr. Spencer said the presence of chloride would indicate salt is in the wells.


Mr. Licardi briefed the Board’s new members as to the history regarding Amanda Place and the lot owners desire for the Town to take over the maintenance of the road. Mr. Licardi said there are seven homes on the street, which ends in a cul-de-sac.


Mr. Licardi said that in a previous meeting with the Board several road related concerns were expressed so Mr. Spencer was hired to do boring and drainage work for the lot owners. Mr. Licardi said that since the road was paved it has received impeccable upkeep.


Mr. Licardi said the road is not crumbling in any way. He said their test show the road was built with the proper base and that there are no stumps buried beneath the roadway.


Mr. Licardi said the lot owners are prepared; to submit a deed, a transfer return and any easements that the Town may require. Mr. Rhodes asked; if the development is built and if all utilities are underground. Mr. Licardi said the development is built out and that all utilities are buried.


Mr. Rhodes asked if the road has been sanded and salted for the past five years. Those in attendance said the road has been sanded and salted. Mr. Rhodes asked if the Town school bus had ever gone down the road.


Mr. Licardi told the Board that the last time he met with the Board a State Police officer testified that they had taken a fire truck and a school bus and both passed.


Mr. Dicton asked Mr. Licardi to explain the boring result submitted to the Board. Mr. Dicton said the results shows fine sand at a depth of ten feet. He said the results do not show and base gravel.


Mr. Spencer said the boring was not taken from the paved section of the road. He said the boring was taken from the road shoulder. Mr. Spencer said he and Mr. Hathaway selected locations most likely to have stumps.


Mr. Rhodes asked if there is evidence that there are graveled shoulders. Mr. Spencer said he believes the shoulders are graveled.


Mr. Hathaway asked Mr. Spencer how the drainage was handled on the last lot to be developed. Mr. Spencer said he was not involved with the work. Mr. Hathaway said he is concerned that water flowing down Amanda Place would wind up on the lot in question.


 Mr. Licardi said the landowners are prepared to sign off on the drainage as it is now. Mr. Rhodes suggested the Board do a site visit to inspect the road. Town Police Chief, Mr. John Sly, expressed a concern with sight visibility when exiting Amanda Place and the 35 mph speed limit. Mr. Sly said he has asked the question previously and has not yet received an answer.


Mr. Licardi said the last time he was here a police officer testified that he had gone to the top of the hill and looked left and right and he felt the line of sight in both directions was more than adequate. Mr. Licardi said he did not know the sight distance.


Mr. Rhodes said the Fire Chief, the Police Chief and the Town Road Commissioner would attend the site visit. The Board scheduled an Amanda Place site visit for 4-7-09 at 6:30 PM.


Town Planning Commission Chairman, Mr. William Matteson told the Board the development in question went through Town subdivision and that he would check to see if there are any conditions placed on the development. Mr. Dicton asked Mr. Sly what are his concerns with the road.

Mr. Sly said that at 35 miles per hour a vehicle is traveling 50 feet per second. He questioned if a motorist exiting Amanda Place to the right or left would have enough time to assess any approaching vehicles safely before entering the intersection.


Mr. Dicton asked Mr. Sly if a state statute covers the matter. Mr. Sly said it would be covered under the Uniform Highway Traffic Control Devices. He said there are also engineering studies that specify minimal distances for line of sight based on speed limit.


Mr. Dicton questioned how the developer got the initial permit to build the road. Mr. Sly said it was because it was a private drive or road. Town Administrator, Mr. Joseph Zingale Jr., said the applicant did not represent it was going to be a Town road.


Mr. Sly said in a worse case scenario the entire intersection would have to be re-engineered so the grade could be reduced. The Board and those in attendance discussed the matter further and took no action.


Mr. Rhodes told the Board he had spoken with a couple City Aldermen regarding the new Men’s Softball league to play at Northwood Park and Dewey Field.


He said the City would lose $1,000.00 in fees when the ten teams begin play in the Town. Mr. Rhodes said according to City officials they have to spend $2,000.00 in order to make $1,000.00. Mr. Rhodes said he does not think the 10 teams would get a better deal from the Town. Mr. Rhodes questioned if the teams would pay for the use of lights at Dewey Field or if they expect the Town to provide the lights.


Mr. Terenzini said the issue with the 10 teams has been the scheduling and the availability of field use in the City. Mr. Rhodes said that according to E. Jay Bishop, the teams want a better deal and that is why they are leaving the City. Mr. Terenzini said the Town is not offering a better deal.


Mr. Dicton aid he is concerned with the amount of games to be played on the Town’s fields. Mr. Dicton said he is concerned Town kids will have to compete with the softball teams for use of the ball fields. He said we might find that they are playing too many games and are taxing the field.


Mr. Terenzini said the softball league would not start play until after Little League is finished and reminded Board members that only Dewey’s field is under the control of the Board. Mr. Terenzini said that 75% of the summer no one plays on the field.


Town Representative to the Rutland Regional Transportation Council, Mr. Charlie Shields reported:



Mr. Shields discussed animal control with the Board. Mr. Rhodes read a memo from the Town attorney stating anyone hire by the Board to be animal control office would be covered by the Town’s VLCT Insurance. Mr. Rhodes told Board members that he is considering changing the way the Town handles animal control. He said the Town might save money by working with local people instead of the Sheriff’s department.


Mr. Terenzini said of the 23 animal control calls the Sheriff received from the Town last year, over half were resolved with a phone call.


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



Mr. Del Bianco moved to reappoint Mr. Fred Nicholson to be our representative to the Rutland Regional Planning Commission with Mr. Charlie Shields as the alternate. Mr. Del Bianco moved to reappoint Mr. Charlie Shields to the Rutland County Transportation Council and Mr. Fred Nicholson as the alternate. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Town Road Commissioner, Mr. Byron Hathaway reported:



Mr. Hathaway and the Board discussed the Highway paving budget. Mr. Hathaway said there is currently $785, 767.00 Mr. Hall moved to put the list of proposed paving projects out to bid. Mr. Terenzini made a second to the motion. Mr. Rhodes read from the proposed bid notice. The motion passed unanimously.


Mr. Rhodes thanked Mr. Hathaway for his suggestions regarding what the Board could do with the revenue from the Town Forest harvest. Mr. Rhodes said his only concern is that it would tie the hands of a future Board in the event they need the money. Mr. Rhodes said he agrees the money should not be just blended into the General Fund.


Mr. Rhodes said his biggest concern is that the amount of anticipated revenue from the 1% tax will be less than planned. Mr. Rhodes said an average for the past five years would have been $942,000.00 in revenue to the Town. He said the Board budgeted for $250,000.00 in revenue based on the bad economy. Mr. Rhodes said some of the logging money might be needed to reduce taxes if the 1% revenues are low.


Town Fire Chief, Joe Denardo reported:

·        The photocopier he had planned to purchase is not available and he requested permission to spend an additional $130.00 for a total of $1,200.00. Mr. Dicton asked the chief if he has enough money to cover the purchase. The Chief said he has the funds. Mr. Hall made a motion to allow the Chief to purchase the copier. Mr. Terenzini made a second to the motion. The motion passed unanimously.


·        Informed the Board that new lighting had been installed at the Center Station and that the old air horn has been removed from Center Station.


·        Informed the Board he would like to put a pitched roof on the Center Station. The Board told Mr. Denardo to proceed with his project provided he has the money in the budget to pay for the work.


Town Planning Commission Chairman, Mr. William Matteson reported:


·        Mr. Robert Ide from VTrans will attend the next Commission meeting to address rail crossing in Rutland Town and Rutland City.


·        Told the Board that the Amanda Place road was never to be taken over by the Town. Mr. Matteson said there is an agreement, which addresses the matter. Mr. Matteson said the road would only be taken over if the road were to be brought into compliance with Town regulations. Mr. Matteson said the time to address the road grade would be before the road is paved. Mr. Matteson cited the fact the road exceeds the slope requirement.


Mr. Dicton asked if the Town might be responsible if there were an accident at the Amanda Place / Colonial Drive intersection. Mr. Dicton said he is concerned the Town may have liability if it waves some of the criteria and then there is an accident. Mr. Matteson said it would be prudent for the Planning Commission to adhere to the town’s regulations.


Mr. Dicton asked if there are any other roads in town that have an issue like the road in question. Mr. Matteson said there have been roads that were similar, however he said they had been fixed.


The Board and Mr. Matteson discussed the Amanda Place road acceptance further and took no action.


Mr. Matteson said the Commission would meet on Thursday with Ms. Tara Kelly of the RRPC to work on the Town Plan. Mr. Matteson said he expects to finish work on the plan on Thursday.


Mr. Matteson and the Board discussed whether the Commission is over budget regarding the rewriting of the Town Plan. Ms. Hyjek said the Commission has received a $4,500.00 grant, which will off set the deficit.


Mr. Rhodes questioned Ms. Hyjek regarding the New England Municipal Resource Center (NEMRC) budget deficit. Ms. Hyjek said the revenues from the Special Election would off set the NEMRC deficit.


Ms. Hyjek told the Board that it had carried over $7,000.00 in ticket revenue from last year and that the Town owes the City $2,100.00 in ticket fines. Ms. Hyjek said the Town has only brought in $7,200.00 in fines but had anticipated $25,000.00 would be collected.


Mr. Rhodes said it is good news that the Town is now receiving ticket revenue from tickets issued by Town law enforcement. Chief Sly told the Board that if the City seeks payment from the Town for revenue it says is owed the City the Town should require the City to show proof as to where a ticket was issued.


Town Police Chief, Mr. John Sly reported:





Mr. Del Bianco asked why the amount of ticket revenues is lower than the amount of fines issued. Police Captain Mr. John Paul Faignant said the revenues are less because individuals fight the ticket and get the amount reduced.


Mr. Faignant reminded individual that the school zone begins at the flashing yellow lights and ends at the flashing yellow lights. Captain Faignant said the Town is very strict with the 25 mph speed zone in the morning and in the afternoon.


Mr. Faignant showed the Board photos of two moose he encountered while on duty late last year.


Town Clerk & Treasurer, Ms. Marie Hyjek reported:




The Board discussed the proposed Identity Theft Prevention Policy. Mr. Sly said if an individual uses a legitimate supplier and transactions are secure then there should not be any problems.


Mr. Sly said if any Town official does not want to use their credit card to make a purchase then they should use a purchase order. Mr. Zingale said Federal Regulations required the Town to adopt a Prevention Theft Prevention Policy by May 1, 2009. Mr. Terenzini moved to send the Identity Theft Prevention Policy to Kevin Brown to review. Mr. Del Bianco made a second to the motion. The motion passed unanimously.


Mr. Zingale explained the work to be done under the URS proposed contract. Mr. Zingale said URS would sample the Northwood Pool building to see if any asbestos is present and needs to be removed.


 Mr. Hall moved to contract with URS for $800.00. Mr. Del Bianco made a second to the motion. The Board discussed the matter further. The motion passed unanimously. Mr. Hall said the Board feels the repairs absolutely need to be done.


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




Ms. Hyjek asked the Board if it would like the person that is going to power wash the Town Hall to also power wash the Cheney Hill Community Center building. Ms. Hyjek said the power wash vendor is a preferred vendor. Mr. Rhodes said if the person wants to wash both building then the item should be put out to bid. Ms. Hyjek said the individual has been charging $445.00 for the past several years. Ms. Hyjek said the Board said stay with the vendor unless the price increases. Mr. Rhodes said he would put both jobs out to bid. Mr. Rhodes said the Board should know how much the individual planned to charge to do Cheney Hill. The Board took no action.


·        Informed the Board that REDC is entitled under State law to only pay the Town municipal tax on their unused space within their building in town. Mr. Zingale said according to Mr. Jamie Stewart of REDC the building is 1/3 empty. Mr. Zingale told the Board he had referred the matter to the Board of Listers.


·        Informed the Board that Mr. Paul Williams would accept the position of Town Pound keeper. Mr. Terenzini asked what the Pound keeper does. Mr. Hathaway said the Pound Keeper collected and kept some cows that were entering coming to their farm. Mr. Hathaway said the pound Keeper returned the cows when the owner claimed the cows and fixed the fence. Mr. Hall moved to appoint Mr. Paul Williams as Pound Keeper. Mr. Terenzini made a second to the motion. The motion passed unanimously. Mr. Zingale said Mr. Williams thanked the Board for appointing him the position his grandfather used to hold.


·        Requested a brief executive session to discuss a contractual matter. He said the contract has to do with Rutland Town and Rutland City Intermunicipal sewer contract. He said he believes premature discussion would put the Town at a significant disadvantage.


The Board reviewed packet correspondence.


The Board discussed proposed committee assignments. Mr. Del Bianco requested that he replace Mr. Terenzini on the US Routes 4 & 7 Upgrade Committee. Mr. Del Bianco cited the fact he has been on the committee since it began. Mr. Rhodes said Mr. Del Bianco could take his (Mr. Rhodes) place on the committee.

Mr. Rhodes read the committee assignments:


Routes 4 & 7 Upgrade Committee                    Josh/Dick

Transfer / Recycling Committee                     Josh/Joe

Highway Committee                                             Jim/Stan

Fire Committee                                             Dick/Joe

Intermunicipal                                                                Jim/Stan

Buildings Committee                         Dick/Jim

Recreation Committee                         Josh/Jim

Railyard Committee                                             Stan/Jim

Scholarship Committee                         Jim/Joe/Joe Z

Special Zoning Review                               Stan/Jim/Joe Z


Mr. Hall informed the Board that the Community Advisory Board recent met with the State Police and discussed police issues and that he had received a report detailing police activities.


Mr. Rhodes told Board members that he had received a request from Clarendon Select Board member Mike Klopchin to attend the 3-31-09 Intermunicipal Committee meeting scheduled for 5:30 PM. Mr. Rhodes said he and Mr. Hall attended the meeting and that things were moving forward with the City to work with Clarendon. Mr. Rhodes briefed the Board regarding the meeting with City and Clarendon officials.     


The Board discussed capacity and whether the Town or the City of Rutland would sell capacity to the Town of Clarendon. The Board also discussed the amount of sewer capacity available to Rutland Town.


Mr. Rhodes informed Board members that the School Board would be meeting on April 6, 2009 at 6:00 PM at the Town school. Mr. Rhodes said the meeting would be an opportunity for individuals to listen and get informed.


Mr. Shields asked the Board to replace the flags in front of the Town Hall and Mr. Tom Terenzini asked the Board to clean up the Veterans monument in front of the Town Hall.


Mr. Hall moved to go into executive session to discuss the sewer contract with the City and a personnel matter. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Mr. Terenzini moved to close the meeting at 9:52 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously. The Board took no action.


Mr. Del Bianco moved to close the meeting at 9:53 PM. Mr. Dicton made a second to the motion. The motion passed unanimously.