MAY 12, 2009





The meeting opened at 6:30 P.M.


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


The Board reviewed and signed orders for thirty minutes.


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


The Board reviewed the 4-28-09 minutes.


After a brief discussion, Mr. Hall motioned to have Carol Swan take over the minutes and write them in the same format as she did previously. Mr. Del Bianco seconded the motion.  The motion passed unanimously. 


Mr. Terenzini motioned to accept the minutes or 4-28-09 with changes. Mr. Dicton made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Hall abstained from the vote because he had not attended the 4-28-09 meeting.


Questions from the Floor



Mr. Rhodes said that the bond had been released two weeks prior on the recommendation of the Town’s consultant. 


After a brief discussion, it was decided Mr. Hathaway will line up more logs on the north side to prevent anyone from going over the bank. Mr. Hathaway said he would do so.



 Mr. Rhodes said the matter could be discussed in executive session.



Mr. Terenzini asked if this was common for roads and Mr. Wilk said it was a little more than what was standard.


Mr. Dicton asked Mr. Hathaway what was acceptable according to the Town regulations for the base.  Mr. Hathaway said that the State requires 15” of gravel for the base and 3”of fine gravel on top.  Mr. Wilk said that the standard is 12” of bank run and 6” of crushed gravel.


Mr. Rhodes said that road borings need to be done in order for the Board to know how the road was constructed. Mr. Rhodes said the Board might not make a judgment, based on the borings alone. Mr. Burgess said that he felt that an engineer should certify the road was built to Town standards.  Mr. Licardi said he would have Mr. Brownson Spencer, PE, do a report.


New Business


Mr. James McNeil, Town State Representative, was present to discuss events at the State House and offer his help to the Town as needed.


Mr. McNeil and the Board discussed budget and revenue downgrades. Mr. McNeil said he does not want to increase any taxes and he will not vote for any new programs since there isn’t enough money for existing programs.  He told the Board that some jobs have been eliminated through attrition but there are still some tough decisions to be made.


 Mr. McNeil said he is trying to get information requested by Mr. Joseph Zingale Jr., Town Administrator, regarding the US 4 & 7 Upgrade committee. Mr. McNeil also discussed his involvement with the Agricultural Committee with the Board.


Mr. Rhodes asked Mr. McNeil about the sign requested by the Diamond Run Mall.  Mr. McNeil said he has a plan to put a sign in a wagon.  He told the Board this would avoid some of the red tape in getting a sign, plus he said it has a rural flavor.  He also added it could be decorated seasonally and perhaps “go green” with solar lighting. 


Mr. Rhodes told Mr. Mc Neil that there are problems with the new one percent tax in Rutland Town.  He said some businesses are not charging it and that other businesses in the City and Mendon have been charging it when they should not.  Mr. McNeil said this was due to computer planning by zip code and Rutland City, Rutland Town and Mendon all have the same zip code.  Mr. Zingale told the Board that he has spoken with consultants working for the State trying to solve the problem by coding 911 addresses.


Mr. Hall questioned Mr. Mc Neil regarding school district consolidation.  Mr. Mc Neil said that Senator Mullin is working on the matter but that more serious issues are taking precedence.


Recreation – Mr. Rick Del Bianco


Mr. Rick DelBianco thanked the Fire Department for draining the pool.  Mr. Del Bianco told the Board that cracks in the pool foundation are going to be fixed by Champlain Pools.


Mr. Del Bianco asked the Board what color the building should be painted.  The Board told Mr. Del Bianco they had picked colors and that he could get together with Mr. Zingale to go see the colors.


Mr. Del Bianco asked if he had the authority to waive late fees for sport registrations.  Mr. Terenzini said he thought maybe it would be a good idea to waive all late fees. Mr. Del Bianco said a deadline is needed in order to set up teams and order uniforms.


The Board decided Mr. Rick DelBianco could decide what to do in hardship cases and that a record should be kept.


The Board told Mr. Del Bianco that the pool fees were going to be the same as last year.


The Board and Mr. Del Bianco discussed the proposed adult softball league.  According to Mr. Del Bianco they will pay $3,000.00 dollars for use of Dewey Field and the field at Northwood, $1,500.00 by May 4th and $1,500.00 by July 6th.  This money will go on the ledger as revenue for the Recreation Department to offset the maintenance



Chief Sly asked if alcohol on the premises would result in suspension of the league. The Board said the league would be suspended.


Mr. Terenzini said that he felt there should be a vote on accepting the league and Mr. Rhodes said he wanted more discussion before the vote.


Mr. Dicton said he was against the adult league at the last meeting because there was nothing written down. He cited no contract and conditions. Mr. Rhodes said he felt all had been covered to his satisfaction.


Mr. Dicton said perhaps it is acceptable for this year, however, he said in the future a contract should signed, especially since the Town is being paid by the league.


Mr. Rhodes said that the Recreation Commission is in charge of keeping track of the adult league and that the Select Board would only intervene in the case of complaints by townspeople.


Mr. Terenzini motioned to approve the use of Dewey Field by the Littler Memorial Softball League.  Mr. Del Bianco made a second to the motion. The motion passed unanimously.


Rutland Regional Transportation Council (RRTC) – Mr. Charlie Shields


No meeting, no report.


Solid Waste Alternative Communities (SWAC) – Mr. Charlie Shields


Mr. Shields told the Board that he had attended a meeting at the Recycling Center where Mr. Dean Wilson gave a tour. Mr. Shields explained many of the processes he observed and he said he is impressed by the cleanliness of the plant.


Mr. Shields gave the Board a laminated sign that lists the towns involved in SWAC and how to get information regarding SWAC.


Mr. Shields presented a handbook for the Transfer Station attendants. Mr. Shields said the handbook covers such things as safety and what is expected of the attendants.  Mr. Shields said the attendants must sign a form, certifying they are familiar with state and federal regulations.


Rutland Regional Planning Commission (RRPC) – Mr. Fred Nicholson


Mr. Nicholson reported the RRPC does not have a deficit this year. He said cuts will need to be made next year even though the RRPC is already two people short.


Mr. Rhodes asked if the RRPC is going to increase dues.  Mr. Nicholson said not at this time.  They are trying to make cuts in other areas such as travel and memberships to associations.  He said the next couple of years would be tough.


Mr. Nicholson told the Board that next Tuesday the Regional Issue Committee will have a presentation on Act 248, which is similar to Act 250, except that it is for utilities.  Mr. Nicholson said that at the next full RRPC meeting, Mr. Jeff Wennberg will discuss proposed wind farms in five area towns.  He said there are sixty proposed sites with forty towers.


Mr. Hall said he had received some literature on the western corridor but that no date for a meeting was mentioned.  Mr. Zingale said that Mark Blucher and Susan Schreibman had planned to attend the last Select Board meeting but had to cancel. He said they plan to meet with the Board at the end of the month.


Sanborn Place/Chasanna Drive/Northwood Park


Mr. & Mrs. John Norton-Griffiths were present to ask questions regarding the walking path near Chasanna Drive and Sanborn Place. Mr. Griffiths told the Board that they use the path to walk their dog, as well as several other people in the area who walk their dogs.  Mr. Griffiths told the Board he recently learned that Sanborn Place is a private road and that it not open to the public. He said this is a problem because many people use the Sanborn property to walk to the dam. Mr. Griffiths suggested the Board consider purchasing the land in order to make the path assessable to the public.


Mr. Rhodes suggested that the dog walkers access the dam by the other side of Northwood Park.  Mr. Norton-Griffiths said that there was a steep hill when accessing the park as described by Mr. Rhodes. Mr. Griffiths said he understood that it was not fair to private landowners to trespass on their property. 


The Board asked Chief John Sly what he would suggest for wording on a sign. He said that the best thing to do would be to put signs on either side of Chasanna Drive near the access to the road that say “NO PARKING, TOW AWAY ZONE”.  Mr. Hathaway is to put up the signs after speaking to the residents in the area. 


Mr. Terenzini made a motion to place the “NO PARKING, TOW AWAY ZONE” signs on the problem area on Chasanna Drive.  Mr. Del Bianco second to the motion.  The motion passed unanimously.



Highway – Mr. Byron Hathaway


Mr. Rhodes read the paving bids submitted for the remaining $200,000 paving work.


Wilk Brothers                         $53/Ton

Fuller Sand and Gravel            $54/Ton

Pike Industries                    $58.63/Ton

Russo Paving                        $59.98/Ton

F. W. Whitcomb                   $62.08/Ton


Mr. Terenzini asked Mr. Wilk how his certification was coming.  Mr. Wilk said his scale was certified last week and that his lab is completed. Mr. Wilk said the State inspected his plant and that Mr. Hathaway was also given a tour of the plant. He said he is still waiting for final paperwork.


Mr. Dicton made a motion to accept Wilk Brothers bid for $53/Ton.  Mr. Terenzini made a second to the motion.  The motion passed unanimously.


Mr. Dicton asked Mr. Hathaway about public interest in the paving projects.  Mr. Hathaway said there is a lot of public interest but there is more work to be done than they have capacity to do.


Mr. Wilk presented the Board with two contracts to be signed.  Paving will start on Thursday, May 14th on North Grove Street.  The next project would be Quarterline Road followed by the Creek Road. 


Mr. Hathaway told the Board he will be out of town from June 23rd to June 30th and he said that Mr. Rice would try to work around this schedule.


Mr. Hall said that Mr. Hathaway’s activity report did not need to be so detailed. Mr. Terenzini and Mr. Del Bianco said they did not agree since the Constables were required to do a similar report.  Mr. Rhodes said he knew the Highway crew would be doing paving for the next three months.  Mr. Dicton said that he felt that the current activity report was good with just enough information and would like it to remain as is.


There was a brief discussion on the timing of handing in time sheets to the Clerk/Treasurer.  Mr. Burgess said he felt it would be better to hand them in on Monday to include any weekend work. Ms. Hyjek said Mr. Burgess could do as the Constables log their time from Thursday to Thursday.  Mr. Burgess said he didn’t realize he could do this and he questioned whether the auditors would think it odd that all workweeks are different for each department.


Mr. Zingale informed the Board that the Town had received a well salt contamination complaint. He told the Board he had notified the Town’s Insurance and that an adjustor would be doing an investigation.


Mr. Terenzini asked if the “No Parking” signs on Cop John Drive had been removed as requested at the last meeting.  Mr. Hathaway said he would do so.


Fire Department


Mr. Terenzini responded to a question from Mr. Rhodes concerning taking a firefighter to the hospital.  Mr. Terenzini said that Craig Robideau had heat exhaustion after participating in a twelve-hour Level 1 course. He said Mr. Robideau was treated and released.


Planning Commission


When asked by Mr. Rhodes if he had any Planning Commission news Mr. Zingale told the Board that the work on the Town Plan is done. Mr. Zingale reported that the Planning Commission will hold Town Plan Public Hearing on June 25th. He said the Town Plan would be sent to the Select Board after the Commission’s hearing.


Town Police – Mr. John Sly


Chief Sly requested he be allowed to purchase cameras for use with Town tasers. He said the cameras were not available when the tasers were ordered.  Mr. DelBianco made a motion to allow the approximate $1,000 purchase of three cameras.  Mr. Terenzini made a second to the motion.  The motion passed unanimously.


Chief Sly encouraged all town residents to make sure their house numbers are easily visible for emergency personnel.


Town Clerk/Treasurer – Ms. Marie Hyjek


Ms. Hyjek reported that the last tax collection went well.  She said that the Listers need to write a postcard that will be mailed out prior to the Appraisal report bulk mailing.  Mr. Burgess said he would find out whether the reports need to be mailed First Class. He will let Ms. Hyjek know when he has an answer.


On Mr. Terenzini suggested the Board decided windshield stickers for the Transfer / Recycling are no longer required.


Mr. Rhodes asked Ms. Hyjek how she was handling the money coming in from the one percent tax.  Ms. Hyjek said she is putting the checks in separate revenue account in the General Fund.


Town Administrator – Mr. Joseph Zingale Jr.


Mr. Zingale asked if anyone had requested that cars be moved from a property on the West Proctor Road. Mr. Zingale told the Board that he had received a call from an individual claiming a town official had ordered vehicle removed from a West Proctor Road property.  No Board member indicated they had requested any vehicles be moved.


Mr. Zingale informed the Board that the Town would receive water & sewer connection request for a single-family home on Killington Avenue, east of the DCF Development. He said a Town permit would be required to dig within the road right of way.


Mr. Zingale informed the Board of a water run-off problem on Victoria Drive. He said the Richards’ want a Town official to inspect their property.


Mr. Hall made a motion for Mr. Rhodes to sign the Quinn contract for the Northwood Pool on behalf of the Select Board.  Mr. Del Bianco made a second to the motion. The motion passed unanimously.


Mr. Zingale informed the Board that the Town Health Officer intends to seek Health Orders against the Sharp & Hansen properties, which have numerous bags of garbage on the ground on the premises. Mr. Sly told the Board he has tried to serve Ms. Hansen but she doesn’t respond.  He said he would tape the notification to her door.


Mr. Zingale presented the Community Restitution Work Program 2009 proposed mowing contract for consideration. The mowing will include; the recreation fields, the two fire stations and will cost $300.00 for each mowing.  Mr. Zingale will instruct the program operators that they are to mow every week. Mr. Hall moved to approve the contract with the Community Restitution Work Program. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Del Bianco made a motion to allow the Annual Crowley Road Race to take place in the Town on June 14th.  Mr. Hall made a second to the motion.  The motion passed unanimously.


Informed the Board that Captain Faignant has requested the Board begin a junkyard enforcement action against a landowner that has unregistered vehicles. Mr. Zingale said he has to determine which of two properties owned by an individual is the subject property. The owner will be asked to remove them and if he does not, then Captain Faignant will serve a complaint.


Mr. Zingale told the Board that the State will be sending the first 1% Tax check to the Town next week. He said the check would be for $673.01.


Mr. Rhodes announced that zoning sub-committee has reviewed the draft-zoning document and now the full Board will review it over the next month. Mr. Zingale said he has a sign-up sheet for those who would like a copy. 




The Board reviewed packet correspondence.


Mr. Rhodes said that the Town would not be renewing the contract with the Sheriff’s Department for animal control.  Mr. Rhodes has a Sheriff’s Department report listing the work the Department has done for the Town.


Mr. Zingale will contact Mr. Mo Tucker regarding a request from the City Historical Society for possible Town inclusion in a new City Historical exhibit


Mr. Rhodes asked if the Board felt the Town should participate in the VLCT Wellness Health Screening.  The Board generally thought it a good idea.


Mr. Rhodes suggested forming an Energy Committee with the school and asked that Mr. Jerry Stearns, be asked if he would like to participate.


Mr. Rhodes said in the future the Board meeting would begin at 6:30, with the signing of the orders, and that the camera would be turned on at 7:00 PM He said that it is not necessary to film while the Board is signing orders.


Mr. Dicton informed the Board that repairs are needed at the Transfer Station.  Mr. Rhodes suggested that Mr. Dicton and Mr. Terenzini go to the Transfer Station and make a list.


Mr. Terenzini suggested that representatives from the City Chamber of Commerce and REDC attend a Select Board meeting to discuss loss of businesses in the area and what they are doing for Rutland Town.


Mr. Hall made a motion to go into Executive Session at 10:05 PM with Mr. Burgess concerning his work hours and pay.  Mr. Del Bianco made a second to the motion.  The motion passed unanimously.  


Mr. Rhodes declared the Executive Session closed at 10:28 PM. Mr. Hall moved to close the meeting at 10:29 PM. Mr. Dicton made a second to the motion. The motion passed unanimously.