MINUTES: April 24, 2012


Board members present: Stanley Rhodes III, Steve Hawley, Jim Hall, John Paul Faignant and Joe Dicton

The Meeting opened at 6:50 P.M.

All rose for The Pledge of Allegiance to the United States Flag.

Mr. Rhodes, on behalf of the Board, apologized to Town Clerk & Treasurer Ms. Marie Hyjek for the last meeting in which she was spoken and directed at inappropriately and should not have been. He said it is not the policy of the Board or a reflection or attitude of the Board. He asked Ms. Hyjek to accept the Board’s apology.


Mr. Faignant moved to go into executive session to discuss personnel. Mr. Hawley made a second to the motion. The motion passed unanimously. The Board came out of executive session at 7:50 P.M.


The Board reviewed the 4-10-12 minutes. Mr. Hall moved to approve the 4-10-12 minutes with changes. Mr. Hawley made a second to the motion. The motion passed unanimously.



Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Told the Board 414 dogs had been registered. Ms. Hyjek said owners have 30 more days to register their dogs. She said after 30 days unlicensed dogs would be turned over to the constables.
  2. Told the Board property taxes are due May 10th.    Told the Board she will put up reminder signs.
  3. Submitted two liquor licenses for review.


Mr. Rhodes said Chief John Sly had checked both the East Restaurant LLC and the Holiday Inn’s request and has no concerns. Mr. Hall moved to approve the licenses for East Restaurant LLC and the Holiday Inn. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Rhodes read correspondence from the Vermont League of Cities & Towns (VLCT) Retirement Office regarding extending retirement group “C” to all Highway department employees. Mr. Rhodes discussed the correspondence with Ms. Hyjek. Mr. Faignant moved to sign the document from the Vermont Municipal Retirement office. Mr. Hall made a second to the motion. The motion passed unanimously.



Solid Waste Alliance Communities & Rutland Transportation Council:  Mr. Shields reported:


  1. Reported 33 town residents attended the recent household hazardous waste collection day. Mr. Shields said the Town advertises the event with a posting on the Board at the Transfer Station. Mr. Rhodes said people are aware of the events but that they do not have items to dispose.


Mr. Hawley asked if the Town puts a notice in the Newspaper. Mr. Rhodes said the Town puts a notice in the paper and Ms. Hyjek said she does not put a notice in the paper. Mr. Rhodes said SWAC puts the notice in the paper.


Mr. Hawley suggested the notice be placed in the paper earlier in the year so people are aware of the event. Mr. Hawley said the notice should be put in the paper in March. Mr. Shields said a notice was in Sam’s Good News in March.



Regional Planning Commission Mr. Fred Nicholson reported:


  1. Informed the Board that Reunion Power recently made a presentation at the Regional Commission regarding their proposed windmill sites in four different towns.


  1. Told the Board that the RRPC Executive Committee and the REDC Executive Committee had met earlier in the day and discussed a block grant for the Center Rutland sewer line study.


  1. Informed the Board that the State of Vermont Agency of Natural Resources has accepted the corrective action plan for the Flory’s Plaza. Mr. Nicholson said the Brownfield program is done with the Flory Plaza site. Mr. Nicholson said information regarding what is there and how it has to be cleaned up is available to any potential buyer.  



Police Department: Chief John Sly reported:


  1. Requested an executive session to discuss the hiring of a new police officer.



Recreation Director: Mike Rowe reported:


1.      Told the Board the new maintenance guy is doing a fantastic job.

  1. Suggested the Board purchase doggie trash bags canisters to be placed in Northwood Park for the disposal of dog waste. Mr. Rowe said he would like to order four dispensers at a cost of $70.00 each. He said each comes with 400 bags. He said he would also purchase trashcans.

    Mr. Dicton asked what Mr. Rowe planned to do during the winter. Mr. Rowe said he could leave the bag canisters out and remove the trashcans. Mr. Dicton question who would maintain the bag canisters during the winter.


  1. Told the Board he needs to purchase an industrial strength weed eater. He said he could get a weed eater at Hendy’s for about $500.00. He said the weed eater would be similar to the one used by the Highway Department. Mr. Hall moved to acquire a weed eater per Mr. Rowe’s suggestion for about $500.00. Mr. Dicton made a second to the motion. The motion passed unanimously.


  1. Told the Board it would cost about $600.00 to hire someone to run the concessions at Northwood Park and Dewey Field. Mr. Rowe said he would offer the position to one of the lifeguards. Mr. Rhodes asked if Mr. Rowe budgeted for the position. Mr. Rowe said he had not budgeted for the position. He said there is money in the budget to cover the cost.

    The Board and Mr. Rowe reviewed the Recreation Department budget. Mr. Rowe said his plans to have one person responsible for the money. Mr. Hall moved to support Mr. Rowe’s request. Mr. Dicton made a second to the motion. The motion passed unanimously.


  1. Informed the Board he had done a lock inventory and would have more information for the next meeting.


Town Administrator:  Mr. Joseph Zingale reported:


1.      Reported he and Mr. Hathaway and Mr. Shields recently attended a meeting at the RRPC regarding possible funding to study the proposed south end service road.

Mr. Zingale told the Board he introduced a new road extension to the concept. Mr. Zingale said he has proposed extending a road from Park Street (in the City of Rutland) to the proposed south end service road.

Mr. Zingale said he believes Rutland City Mayor Christopher Louras and Mr. Joe Segale, from VTrans, like the idea and believe it has merit. Mr. Zingale said there could be up to $25,000.00 available to study the proposed service road.

Mr. Zingale told the Board he thinks the group may have the cart in front of the horse since it plans to consider traffic issues before determining whether the road can be built. Mr. Nicholson said Ms. Susan Schreibman, Acting Director of the Rutland Regional Planning Commission, has assured him that the RFP will emphasize a route and any problems with the route.


2.      Informed the Board that he has A1 Sewer & Drain service cleaning Town Sewer lines. Mr. Zingale said A1 began cleaning on Quality Lane. Mr. Zingale said it could cost upwards of $10,000.00 to clean all of the Town’s sewer lines.


Mr. Faignant told the Board he took the liberty to reach out to counsel, after receiving approval from the Chairman, for the Board to get the personnel manual that had been previously reviewed in the 07-08 time frame.


He said the draft manual has to be brought up to date and made current. Mr. Faignant moved to send the manual back to the Town attorney asking him to make it current and   write it so it applies to everybody who receives a check from the Town. Mr. Dicton made a second to the motion. Mr. Faignant said we are looking to get uniform policies in place that would govern everybody that is considered a Town employee. Mr. Faignant said he would check to see that it would cover everybody from the top on down to the fire department. Including everybody that receives a check form the Town as an employee. Mr. Rhodes asked if it would apply to part-time employees. Mr. Faignant said it would apply to everybody.


Mr. Faignant said the manual would give everybody a nice outline and a map of how things should flow and what happens in certain circumstances. Mr. Faignant said it would apply to elected and non-elected employees. The motion passed unanimously.


Mr. Rhodes asked Mr. Zingale to address computers at the Town office getting infected with viruses. Mr. Zingale told the Board that a computer in the Listers office was recently infected and taken to the shop for maintenance. Mr. Zingale said he replaced the computer with a new computer, since the cost of removing the virus and the cost of a new (used) pc would be about the same. Mr. Zingale said the Assistant Town Clerk’s computer has been replaced twice in the past several years due to virus infection.


Mr. Faignant questioned Mr. Zingale as to how he determined the computers in question were infected. Mr. Faignant asked if Mr. Zingale personally removed the hard drive. Mr. Zingale said he had Mr. Larry Gold, of Computer EZ, service the hard drive (s) and that Mr. Gold said the computers had been infected.


Mr. Zingale explained how the computers were infected. He said it could have resulted from simply opening an infected e-mail or by interacting with a malicious web site. Mr. Zingale told the Board that the cost of reconnecting the Lister’s computer to the system got quite involved because of all the sites the computer is linked.


Mr. Faignant asked if the Town was on a computer network. Ms Hyjek said the Town is not connected to a network. Mr. Zingale said the Town computers are on a network. He explained that all of the computers are connected and can be accessed from anywhere on the network. Mr.Zingale said the Town does not have a common server. He cited the fact the Listers and the Town Clerk are connected to remote servers, such as NEMRC and the State of Vermont. Mr. Zingale said the Town should have a policy on computer use. The Board and Mr. Zingale discussed the matter further and took no action.


Chief Sly cited a program used by law enforcement, which does not allow certain users to open executable files in their mail. He said only those with administrator status can open executable files.


Mr. Rhodes opened the Center Rutland Station renovation bids.


NBF Architects                           $7,500.00 not including reimbursable

EH Danson Architects                       $9,000.00

Mark McManus                           $9,000.00

Black River Design                                $8,000.00 fixed $300.00 reimbursable and mileage expense

Greenberg Associate Architects                    $7,200.00 no reimbursable expenses


The Board discussed a proposed property map contract with Russell Graphics of North Carolina. Ms. Hyjek told the Board that $4,000.00 had been budgeted for the annual map update.


Ms. Hyjek told the Board what she requires in the update to the property maps and map book and Mr. Zingale explained what he requires in a digital format. The matter was discussed at length with the Board and it was decided Ms. Hyjek will check with Mr. Russell to see if he can include a polygon file for the proposed price and if not how much it would cost to have produce separately, after July 1st.


The Board reviewed packet correspondence.


Mr. Rhodes cited a letter from Mr. Herb Johnson granting the Town permission if town officials accidently post his land (in West Rutland) for “no hunting no fishing”.


Mr. Rhodes cited a certificate of Liability submitted by Rutland High School.


The Board instructed Mr.Zingale to give Mr. Hathaway a notice regarding planning grant funding for flood proofing.


Mr. Rhodes cited correspondence from the Town attorney regarding which uses would be “grandfathered” under zoning.


Mr. Zingale cited the fact the proposed Zoning Regulations cite the 2007 Land Use Map when it should site the 2009 land Use Map. He aid the matter should be changed before adoption.


Mr. Hall told the Board that he attended the Andrew Burd Eagle Scout ceremony on behalf of the Board.



Planning Commission: William Matteson:


Not present


Fire Chief: Joseph Denardo reported:


Not present



Town Road Commissioner: Mr. Byron Hathaway reported:


Not present


Mr. Dicton moved to go into executive session at 9:14 P.M to discuss a personnel matter with the Police Chief, Mr. Sly. Mr. Hawley made a second to the motion. The motion passed unanimously.


The Board came out of executive session at 9:56 P.M.


Mr. Hall made a motion to bring the Sheriff’s Department on for 26 hours of speed coverage. Mr. Hawley made a second to the motion. The motion passed unanimously. The Board requested Chief Sly provide more daytime coverage and ticket production. His hours will be 20 hours for days and 20 hours for evenings. The Board will review the matter in two months.


Mr. Hall moved to close the meeting at 10:04 P.M. Mr. Faignant made a second to the motion. The motion passed unanimously.