MINUTES: May 22, 2012


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

The Meeting opened at 6:45 P.M.

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


The Board reviewed the 5-8-12 minutes. Mr. Hall moved to approve the 5-8-12 minutes with changes. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Peter Fisk, Secretary of the Rutland Railway Association, met with the Board and explained the Railway Association’s plans to have a historic site marker placed on Depot Lane at the intersection with Business Route 4.


Mr. Fish made a video presentation and briefed Board members regarding the Rail Museum and Model Railroad Club planned activities. Mr. Fish said major repairs are planned for both the caboose car and the Rail Depot building.


Mr. Fisk said the Depot Museum is open to the public on Saturdays from 11:00 A.M. to 3 P.M. Mr. Fish said the restoration of the caboose will be a major project. Mr. Fisk told the Board that his group will be applying for a Transportation Enhancement Grant and he requested a letter of support from the Board.


Mr. Faignant made a motion to support the Rutland Railway Association and its efforts and sign the documents to support their grant application. Mr. Hall made a second to the motion. The motion passed unanimously. Mr. Rhodes signed a letter of support.



Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Informed the Board she had given them the 2011-2012 list of delinquent taxes for collection. Ms. Hyjek said the list has been given to Mr. Richard Lloyd, Town Delinquent Tax Collector, for collection. Ms. Hyjek said she is very pleased the delinquency amount is drastically lower than last year. Mr. Rhodes said the amount is 50 % lower than last year.


  1. Told the Board that the Town had received $253,816.29 in 1% local option tax revenue for the most recent quarter.


  1. Presented the annual warrant for unregistered dogs. Ms. Hyjek said there are 470 dogs in the system and that 434 dogs are registered.


  1. Requested the Town Listers be allowed to purchase of the Marshall & Swift software for 2012. Ms. Hyjek said Mr. Howard Burgess would like to get the software.


  1. Requested any regular pay request for 2012 be submitted by Friday June 8, 2012.


  1. Informed the Board the Town Office will be closed on May 28th for Memorial Day.


Mr. Rhodes cited the fact he knows nine individuals who have unregistered dogs. Ms. Hyjek said all individuals on the list have received courtesy calls. She said whoever follows up on what we have done generally takes care of it. Ms. Hyjek said the warrant is by state statute and that the Town does it every year. Ms. Hyjek said it has been over one month since the courtesy calls were made.

Mr. Hall asked what the Town did last year. Ms. Hyjek said five dogs were removed from the system because they were not registered. Mr. Rhodes said the Town didn’t get their money and the dogs did not get destroyed.

Mr. Faignant moved to sign the warrant to destroy unlicensed dogs because it is a public health issue. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Hawley moved to sign the Marshall & Swift software agreement for the $231.00 license fee. Mr. Dicton made a second to the motion. The motion passed unanimously.


The Board discussed the proposed map contract with Mr. Dean Russell of Russell Graphics of North Carolina. Mr. Rhodes said he knows Mr. Faignant had reviewed the proposed agreement and he asked Mr. Zingale if he had anything to add. Mr. Zingale said he worked on the agreement with Mr. Kevin Brown and got the agreement in a form that is acceptable to the Board.


Mr. Dicton moved to agree to said contract from Russell Graphics. Mr. Faignant made a second to the agreement and to authorize the Chair to sign. The motion passed unanimously.


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


  1. Informed the Board of an Electronic Waste collection scheduled for June 30th at Rutland High School parking lot. Mr. Shields said the event is free to the public. Mr. Shields said anything electronic could be brought to the collection. Mr. Shields said the event would be from 9:00 AM to 3:00 PM.


Regional Planning Commission Mr. Fred Nicholson reported:


1.      Informed the Board that a consultant had been selected to assist in the RRPC in its Strategic Planning Initiative. He said Copeland Associates from Shelburne Vermont had been selected. Mr. Nicholson said all of the consultants interviewed said the RRPC should hire a new Executive Director after the Strategic Planning Initiative is complete.


  1.  Informed the Board his chairmanship at the RRPC will end in June.


Town Road Commissioner: Mr. Byron Hathaway reported:


1.      Told the Board that summer paving has begun. He said Cedar Avenue had been completed and that Prospect Hill Road would be complete by the following day.


2.      Mr. Hathaway informed the Board that he had repaired the sinkhole in the tennis court at Del Bianco Park at Dewey Field.


3.      Cited the fact he had included a copy of a draft proposed Highway Department Mutual Assistance agreement in the Board’s packet. The Board and Mr. Hathaway discussed the proposed agreement. Mr. Faignant said according to the agreement the requesting town would provide the first level of insurance coverage to a responding town if there were a claim.


Mr. Rhodes reported that Chief Joe Denardo would not be present. He said Mr. Denardo was returning from an inspection of the new fire truck under construction in New Hampshire. Mr. Dicton asked if the Chief took pictures. Mr. Rhodes said he did not receive any pictures. Mr. Dicton said he would like to see pictures of the truck. Mr. Rhodes said the chief could take some pictures the next time he inspects the truck.



Planning Commission: William Matteson:


  1. Thanked Mr. Faignant for attending the Commission last meeting.


  1. Told the Board that the Planning Commission had voted to send the Zoning Regulation to the Board for consideration. Mr. Rhodes cited the fact the Board had received the document from the Planning Commission.


  1. Mr. Matteson said Mr. Richard Hoenes and Mr. Tom Turner were awarded plaques for their service on the Planning Commission. Mr. Matteson said Mr. Turner’s plaque was presented posthumously.


  1. Told the Board that he would meet with Ms. Susan Schreibman and would complete the Zoning grant paperwork.

    Mr. Rhodes read the letter from the Planning Commission regarding the transmission of the Zoning Regulations to the Board from the Planning Commission. Mr. Rhodes said the Board, as a whole would review the zoning regulations. Mr. Matteson said the Commission made all of the changes, which the Select Board had made to the Commission’s last zoning regulations.


Mr. Rhodes reported for Mr. Mike Rowe. He said according to Mr. Rowe: baseball season is up and running, concessions are up and running and the parents are happy they just have to watch and not work (at the concession stand). He said all of the Recreation locks had been changed but that selectbaord had not received keys.


Mr. Faignant said he will tell Mr. Rowe to make a list of all those who received keys. According to Mr. Rowe; the pool cover has been removed and cleaning the pool has begun. He said pool pass sales and lesson registration would take place on June 4, from 6:00 PM to 8:00 PM at the pool. He said the maintenance crew is doing a good job.


Mr. Rhodes read highlights from the Rutland County Sheriff’s report; 69 hours of patrol, 40 local speed traffic tickets, 5 regulations in municipalities, 8 inspection violations, 3 license suspensions and 3 insurance violations. The total in local fines was $6658.00 and $1,931.00 in state fines.



Town Administrator:  Mr. Joseph Zingale reported:


  1. Presented a 30-day extension request from the Town Listers regarding the filing date for the Grand List. The Board discussed the matter. Mr. Hawley made a motion to grant the extension. Mr. Hall made a second to the motion. The motion passed unanimously. Mr. Rhodes cited the fact that the Listers request the 30-day extension every year. Mr. Rhodes cited the facts the Listers are not using all of the time, which the Board has budgeted.


  1. Informed the Board that he met with an individual looking to locate a solar farm in Rutland Town. Mr. Zingale said he suggested the old landfill and the Town’s Park Street property as possible sites.


  1. Told the Board he had meet with a Black River Design official and had given the individual property map information for the Center Rutland Fire Station property. Mr. Zingale also told the Board that he had requested Surveyor Mr. Mark Courcelle locate the three property corners on the Fire Station property. He said Mr. Courcelle would use a metal detector to locate the property pins.


  1. Mr. Zingale used the projector and showed Board members a dilapidated structure on Forest Way next door to Mr. Edward Gould’s home. Mr. Zingale told the Board that Mr. Gould has requested the Board have the structure removed. Mr. Zingale said the Board could schedule a public meeting and receive testimony from the Town Fire Chief, Town Police Chief and Town Health Officer and following the hearing could issue an order to have the structure removed.

    Mr. Zingale said Mr. Alphonse Coccia owns the property with the dilapidated structure.  Mr. Faignant made a motion to have the Health Officer with the second Constable inspect the property. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Rhodes questioned Mr. Zingale regarding a Black Rive Design Architects “notice to proceed”. Mr. Zingale said he had the notice revised because it previously sought authorization from the Town Fire Department. Mr. Rhodes read the “notice to proceed”.


Mr. Hall moved to approve the notice to proceed. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Zingale informed the Board that grants are available for the purchase of a generator. He suggested the Fire Department look into the grant for the Center Rutland Station. Mr. Rhodes cited the fact the Fire Department has a donated Generator that has never been used.


Mr. Hathaway said the Town Fire Department received a three-phase generator from VELCO in 1984, which needs a gas tank and be rewired.


The Board reviewed packet correspondence.


Mr. Zingale will contact the American Cancer Society regarding their pool pass request. 


Mr. Hall gave a brief report regarding the status of the Fire Committee’s work with the Center Rutland Station renovation plans.


Mr. Hall also reminded the Board that it had previously discussed doing maintenance work on the Town Hall. Mr. Hall also reminded the Board that the Post Road Pump station project has not been put out to bid.


Mr. Hawley asked Mr. Zingale how often the US 7 Corridor Group meets. Mr. Zingale said there is no formal Corridor Group but that the Service Road proposal now has a group of individuals, which will be holding a series of meetings.


Mr. Nicholson told the Board that he and Ms. Schreibman eliminated the proposed road (from the servicer road RFP), which Mr. Zingale proposed, and instead drew a circle around the area where the road could be located.


Police Department: Chief John Sly reported:


Not Present


Fire Chief: Joseph Denardo reported:


Not Present


Recreation Director: Mike Rowe reported:


Not present



Mr. Faignant moved to close the meeting at 8:04 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.