May 26, 2009



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


The meeting opened at 6:30 p.m., with the Pledge of Allegiance.


The Board reviewed the May 12, 2009 minutes.  Mr. Hall made a motion that we accept these minutes of the last Select Board Meeting, May 12, there was one correction noted.  Mr. Delbianco seconded the motion.  The motion passed unanimously. 


Mr. Terenzini, inquired as to the transcription of the minutes.  Mr. Zingale stated that Donna did the initial minutes and he did a rewrite, which is what was distributed, and that Donna didn’t want to do it anymore.   A discussion was to hire someone to do the minutes, and that Mr. Hall had someone in the wings.  The board approved Mr. Hall to talk to somebody about it. 




Mr. Bill Matteson, discussed Colonial Drive, formerly Philip Terrace.  At the last meeting, discussion was initiated by John Liccardi, in regards to a section of the road. Steve Wilk did the grading, 12 inches of crushed gravel was put in, which was the agreement with town.  A letter was received from Steve Wilk, to Mr. Matteson stating he did do the work.  Specifications used were outlined by the State, which we eventually adopted.  Mr. Matteson doesn’t want any inference that there’s any similarities between the road he built and the road that was built for Amanda Lane.


There was discussion by Charlie Brothers regarding the construction of Amanda Place. 


Mr. Dicton, referring back to the minutes of the meeting we just had,  there is a requirement of 15 inches of base gravel to be placed, then 3 inches of fine gravel on top.  Mr. Hathaway said that the State requires 15 inches of gravel.




Mr. Hall, subject working at Northwood wasn’t properly dressed for the work he was doing.  Leaves us open for liability.


Mr. Hall, regarding the renovation project they’ve started putting the roof on.  When that is finished they will be able to do the painting. 


Mrs. Hyjek, Mike Rowe has been informed before anyone starts to work, the Town Office needs to be contacted, and a corrected W4 completed before anyone starts.  There was paperwork turned in on Friday afternoon.  Mr. Jody Hall has been asked to come in and explain some of the items that I didn’t understand. We were told it was material only.


Mrs. Hyjek, the pool opening will be in the Rutland Herald on June 5th and June 8th.  Sign up is scheduled for June 8, from 6:00 to 8:00 p.m. at Northwood and the pool will open on June 18th at Noon.


Mr. Matteson, discussed the log road, which was going to be upgraded so people could hike.  Recreation Commission should look at it if they have the equipment.  Maybe use volunteers i.e. Kiwanis’s, or Rotary. 




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

No reports.


Mr. Charlie Shields asked me to fill in for him as his alternate at the TAC Meeting this Thursday.  So I plan on going to the Tax Meeting and taking notes.


ITEM 2.  Mr. Rhodes, SWAC Correspondence Electronic Collection day, Saturday, June 13th.  One day Electronics collection event, free service to all Rutland County Towns in the District.  The event is scheduled for June 13th from 9:00 a.m. to 1:00 p.m. at the district offices on Green Hills Lane in Rutland.  Residents only, electronics, vacuums, no hazardous waste or metal or mercury items or tires or batteries, car parts.   


Mr. Nicholson discussed getting Gaylord Boxes available early. 

Mr. Hall made a motion that we facilitate it and make sure the town residents have an opportunity to avail themselves of this.


Motion seconded by Mr. Dicton.  The motion passed unanimously.


Road Commissioner is not here, we can see that the paving is on going.


Mr. Rhodes, inquiring if the Police Department is going to run radar on North Grove,

Mr. Sly responded affirmative.  Also East Pittsford Road the upper section has been redone so will be monitoring that closely. 


Mr. Rhodes regarding brook trout under the culvert on Timber Lane in Rutland Town.  Recommendation of a fish passage be provided at the new structure.


Highway Department Work Activity sheet, took top soil to Dick Lloyd, and cleaned up debris on Richard’s lawn.  Mr. Rhodes I believe that is at the Jct of Victoria Lane and Killington.  Washout issues for both. 


Town Fire Chief, Joe Denardo is not present.  Anyone have anything fire related.

Mr. Dicton, re letter from Chief Denardo, regarding the mowing of the lawn at McKinley Avenue Station.  Correction Service provides the service and did a rather shoddy job, wanted me to look at it.  In fact they did do an extremely shoddy job. 


Mr. Terenzini, I believe there was some confusion when we signed that contract two weeks ago, as to when they mow and when they don’t.  They mow the fields every week, and alternate stations every other week. It was suggested that they send two guys and one mower down to take care of McKinley Avenue.  John Sly stated the entire crew has to stay together and be monitored by the Probation Officer.   Mr. Terenzini is to check with Officer Scott Stevens, re mowing every week.  No other Fire Department issues.


Planning Commission Chairman, Mr. William Matteson reported:


We finished up our plan, going to have our first hearing, June 25th.  As soon as we have the hearing, we’ve got a meeting scheduled. If there is not a lot of input from the public, we will probably just vote to pass it onto the board. 


Mr. Matteson discussed changes, added economic development section, which we never had before.  They’re not real big changes just tweaked the language on a lot of it, pretty much the same plan we adopted last year.  Mr. Rhodes, anything in reflection to the development at the south end of town, Mr. Matteson advised nothing that wasn’t there before.  That is where development is slated to occur. 


Mr. Matteson, we did have a question about the zoning document, I guess the board is through with it.  Jim, Joe and I were on the subcommittee and we gave it back to the board two weeks ago.  They were told we would give them a month, we gave them two meetings, and they gave us two months.   The board should have it next meeting.  We should have it and hopefully we will know what we’re going to do and where we’re headed with it with the board.


Charlie Brothers - discussion regarding cellular towers and wind towers.  Mr. Zingale stated we have a Cell Tower Ordinance, a free standing ordinance that deals with towers.  Not wind towers, just cellular towers.  Wind Towers that falls under Act 248, it has been addressed as far as wind turbines go.  That would be addressed in our zoning document.  Shall we put it in there and regulate it or shall we ignore it and let the State say well you don’t have it, it’s not permitted. 


Mr. Rhodes - are we continuing with any other Planning Commission business.  Mr. Matteson advised he was all set.  Mr. Rhodes, I guess just the town plan, you guys will do your warning and then we’ll get it, right.  We look it over and then we warn it.  June 25th they have their hearing and they will send it to you afterwards.  We’re going to schedule a meeting right after the hearing. 


Mr. Matteson discussion of Amanda Place, the Commission has taken strong position of what went on up there.  You’ll be getting the letter.


Mr. Nicholson the third Tuesday of June, when the Regional Planning Commission meets, will have a guest from the Public Service Board, who will explain to us the commissions role, the Regional Planning Commission role in the 248 process, specifically with wind towers.  Anybody here is welcome to come to that meeting.  Where in Rutland Town would it be feasible to assemble that type structure. 


Mr. Dicton, what has happened in the Legislation right now is a bill was passed or is going to be passed, it’s allowing the Solar and Wind to have a rate of Solar is $.30 a kilowatt hour, and $.20 a kilowatt hour of generation.  Typical wholesale price is at $.05 a kilowatt hour.  They’re trying to stimulate the construction and generation of solar and wind.  And it is going to come in a big way throughout this State. 


Mrs. Hyjek are you all set with Planning Commission grant applications, I faxed all the information you requested to Mark at Regional.  Mr. Matteson he was going to call you for some additional information.  Are we coming to end looking for final payment, Mr. Matteson, advised yes.  


Town Police Chief – John Sly.


Discussion of monitoring the areas that were just repaved.  We would ask people with burglary or fire alarms, check with vendors to make sure if the lines are tampered with that it will trigger an alarm. Discussion as how they issue the speeding tickets; we start looking at people at 7 or 8 mph over the posted speed limit.  In the school zone its 5 mph.  ATV’s even though registered are not permitted on the highway, they may cross at a 90 degree angle the same as snowmobiles.  To run on the highway they have to follow the guidelines for any other motor vehicle.


Tasers – They have been ordered.  The board will have copies of certificates of training and endorsement.  The Use Force Policy will be reviewed one more time.  They’ll be issued at the Boards consent at the meeting when all certificates are presented.  The Use of Force Policy that we have will be reviewed.  Use Force report will be completed every time the Taser is used.  I would like it to be on the agenda for the Board to review, Taser Use Police and Use of Force Policy.  Mr. Zingale will be advised when they are here and ready and we will present you with certifications and a demonstration.



Marie Hyjek – the only thing I have is questions when you get to the sealed bids and scholarships.


Scholarships – the scholarship committee will give a report.  They will be hand delivered to the schools, to be handed out like last year.  Jim Hall is the chairman of the Scholarship Committee he will answer any questions.  All the certificates have been signed


Item 6 and 11, Select board Scholarship Committee, met two weeks ago, the three members of the committee reviewed the applications individually.  It was determined there would be top winners and then a number of winner of a lower amount.  Nineteen applications were received and fourteen were awarded.  A letter will be sent to those that did not receive a scholarship.  Suggestion was made for someone from the Committee to present the scholarships. 


Mr. Delbianco would like to be part of the scholarship committee for next year.  The record will reflect that.


Mr. Hall would like to suggest the Public Safety Section in the committee system.  His recommendation would be that we take the folks that serve on fire and change that to Public Safety and have it be fire and police.  Let’s make it a motion and make it official.  Mr. Hall would make the motion that we include the Police Department in the committee process of and we take the Fire Committee, change the name to Public Safety with the understanding that it includes fire and police.  Mr. Dicton seconded the motion.  Discussion, it’s from this day forward.  The motion passed unanimously.


Mr. Zingale – Request from Mr. Matt Tripp, will be operating the Mr. Ding-a-ling in our town this summer.  Needs permission to use an Item 4, asked that you waive the requirement that he not have a recording, he wants to have that little jingle.   Mr. Terenzini made the motion that we grant the waiver to allow Matt Tripp from Mr. Ding-A-Ling Ice Cream truck grant him the waiver that he can use his music box in the town while going around selling his product.  Mr. Hall seconded the motion.  Discussion – he will still have to get a vendors permit if he’s in Rutland Town.  Discussion of concerns from residents no complaints on file.   Motion passed unanimously. 


Mr. Zingale – Complaint received from Captain Faignant; the junk yard complaint against Mr. George  Gerdon, on Cedar Av, Item 5.  Does the board want to have the Attorney sign and file with the court.  I’m not sure if anyone has contacted Mr. Gerdon to move those first.  We will base this on Captain Faignant’s expertise.  Mr. Hall made the motion that we follow through with the process that Joe has outlined and if you have to get Kevin involved so he signs. Mr. Zingale, the lawyer actually files the complaint with the court on the courts behalf and it goes from there.

Joe Dicton seconded the motion.  Mr.  Terenzini in favor of contacting him one more time, if it doesn’t work and he doesn’t clean it up then we do this.  Mr. Dicton due to proper evidence I would like to retract my second.  Mr. Hall will retract the motion as well.  Chief Sly will go to the Gerdon’s with a copy of the paperwork and say this is where we’re headed and will you work with us. Mr. Hall the last meeting we discussed three different locations regarding junks.  Cedar Blueberry and West Proctor.


Mr. Zingale – North end pump station as you know or maybe aware the Army Reserve are planning to build in the town.  We could be looking at 7,500 to 20,000 gallons in a day.  Discussion if the station is up to snuff, I've talked to Stan Tech, budget up to roughly $1,000, with me doing some daily reading for a couple of weeks to provide them with the data.  They could then determine if the pump station could handle this additional spike if it came in when there was other flows.  The applicants need to know in order to move forward with their project.

We can ask them to pay for it.   Discussion of the pumping station capacity it should handle it. 

Mr. DelBianco made a motion was made to spend up to a $1,000 for services mentioned in Stan Techs letter in regards to the facility, military training facility in town that may use up to 20,000 gallons per day.  Mr. Hall seconded the motion.  Motion passed unanimously.  Tax payers will not be paying that $1,000, the rate payers and the sewer fund will be paying that.  The money will be going back where it belongs. 


Mr. Zingale – Notice to seek a public health against the Mayhew property in the town of Rutland, regarding the pool (Item #9).  Discussion of another property that has complied with the Health Officer request.  A request the Board of Selectman to issue a local health order to these folks.  Basically we are notifying them if they don’t do it then we will come back with an order. 


Mr. Zingale – The Hanson property we haven’t had success there the garbage is still there.  Secured the letter to the front door, and I checked back and the letter was gone.  There have been numerous complaints regarding that property.  Law enforcement needs to make contact.  Give it another two weeks and then the board can go to the property and see for themselves, because there is going to be some expense here.  Chief Sly will attempt to make contact with Ms. Hanson. 


Mr. Zingale – Discussion as to the location of a business next to the Nordic Motel, on Bellevue Lane.  The Waffle Haus is now located in the City.    He has outgrown his space and wants to expand his operation and bring on a few more employees.  Would the board consider flaring the curb cut at the Bellevue Lane, US RT 4 intersection?  Proposal is not to access Route 4 but to come off Bellevue.  The parcel he’s contemplating is commercial in the Rutland Town Plan and has been since we’ve had a plan.  Flare from 30 foot radius to a 50.  It has been discussed with the State of Vermont and most likely they will issue a permit as well. 


The Planning Commission thinks it’s a good project; it’s commercial but not open to the public.  He will need an Act 250 permit so any concerns can be expressed at that time.  Everybody is good with Joe’s presentation he showed us earlier.  Mr. Hall, I would support going forward with this process.  Is there a motion?  Mr. Hall I’d make that a motion.  Is there a second?  Mr. Dicton seconded the motion.  Any further discussion on the Waffle Haus?  Motion passed unanimously.


Mr. Zingale – proposed agreement with CVPS, CVPS Power Poling placement up at Northwood or somewhere.  CVPS needs to put in a pole we never had an agreement for it.  It includes to tap lines off of Pole #5 of CVPS it is right at the corner of the entrance to Northwood Park.  Its one guide wire coming off the pole that they didn’t have right away for so it’s on town property.  Joey Dicton is not going to take part in any of the voting.  Mr. Hall, I would make a motion that we authorize our Chairman, Stan Rhodes, to sign this easement document that CVPS has requested.  Mr. Delbianco, I will second it after I see it and read all this, no I’ll second it. 

The motion passed unanimously. 


Mr. Zingale – Efficiency Vermont, I met with Rise Engineering and we went through the building.  If the board would like to replace the lighting throughout the whole building it will cost the town $1,985.57.  The total bill would be $6,226.69, so $4,241 will be picked up through this grant.  The downstairs will not be covered under any grant money.  The total is $6,226.69 of which our share would be $1,985.57 for the whole building.  And reduce that number by eliminating downstairs.  Estimated first year energy savings is $579.21.  Mrs. Hyjek, we have about $5,500 in Building Maintenance.  How involved has the Building Committee been in this; Jim and I have met a couple of times.  We have a July deadline.  Mr. Delbianco advised the next meeting to include him.  The lights will be on separate switches, which will provide a savings.  Mr. Terenzini made a motion that we go through with the project and spend $1,985.57 for the Efficiency Vermont project to put new lights in the Town Hall.  Mr. Dicton seconded the motion.  Mr. Dicton has a comment, this is an excellent opportunity for the town to reap the benefits of some State and Federal programs and it will do us real well in the future.  Any further discussion?  Mr. Hall do we have to front the money for the whole thing and then get reimbursed?   Mr. Zingale advised he had no idea, I can certainly find out.  Mr. Hall, I would add to the motion that Josh made that we authorize Stan Rhodes, our chairman to sign the document for the board there is only place for one signature there.  Mr. Rhodes any further discussion on the original motion by Josh? Motion passed unanimously.  Mr. Hall I would like to make a motion all in regard to this that we authorize Stan Rhodes, our chairman to sign the document for the Board.  Mr. Terenzini seconded the motion.  The motion passed unanimously. 


Mr. Zingale the two RFPS I prepared, one is for the Solid Waste Recycling, which I put letters in the mail today to Hubbard’s and Casella.  And with you permission advertise that in the paper, is that okay? That was approved by the Board. 


Mr. Zingale the other one is the Animal Control Services, I didn’t know if you wanted to add to this, it’s pretty open ended the way I left it.  The Sheriff’s Department was called.  The advertisement was read and approved to be published in the Rutland Herald.  Insurance for the person hired was discussed. 


The board to consider the accountability policy; Jim you were spear heading that.  Mr. Hall we brought it up for discussion a month ago.  It’s time to either adopt it or not.  Mr. Hall read the policy.  Mr. Dicton what happens if people fail to comply, Mr. Hall I would hope that wouldn’t have to be spelled out.  Mr. Rhodes I think it is just a respectful request on behalf of the board.

Mr. Terenzini, I make a motion that we tonight sign the Accountability Policy, as Jim just read.

Mr. Dicton seconded the motion.  Motion passed unanimously.


Mr. Rhodes, fuel bids, I asked Joe to put this on, I found out through the grapevine that the School board went and bid out their fuel oil through the Supervisory Union, so that leaves us with a lot less buying power.  School District of Proctor, West Rutland and Rutland Town went together. Other municipalities go together, I've contacted the Chairs and the Assisted Chairs of Proctor and West Rutland and they said they don’t see a problem, so I’d like to see us bid out our fuel oil with the municipality of West Rutland and Proctor, to give us some of that buying power back.  Mr. Dicton, I think we should all work together we all live in the same town.  I would like permission from the Board to put out to bid our oil and Marie will get the usage, I've already got it from Proctor, I’m going to get it from West Rutland and we’ll put it out to bid.  Mr. Hall I would make a motion that we team up with West Rutland and Proctor and attempt to get a special rate on fuel oil this coming year.  Mr. Terenzini seconded the motion.  Mr. Dicton, I would recommend that we try and implement this bid process as soon as possible as prices are going up everyday.  Mr. Rhodes all of those in favor of the motion on the floor day aye.  Motion passed unanimously. 


VLCT Committee nomination,  Fred Nicholson is presently on the Transportation Committee and you’re up for reappointment.  Mr. Hall advised he’s on Public Safety.  Mr. Hall advised Public Safety had one meeting in the last year.  I hereby submit the name of the following individual for consideration by VLCT Board of Directors for membership on the Transportation Committee, would be Fred Nicholson, is that correct.  Mr. Hall I make a motion that we appoint Fred Nicholson as Transportation Committee for the League of Cities and Towns.  Mr. Delbianco seconded the motion.  The motion passed unanimously.  Mr.  Terenzini made the motion to Jim Hall back on the Public Safety Committee for another year. Mr. Delbianco seconded the motion.  The motion passed unanimously. 


Item #1 under the Select Board packet we took care of.


Item #3 Culvert complaint from Patrick Brislin forwarded to Byron.  Bryon is aware of the complaint at 17 Columbus Drive.  The Richard’s culvert has been cleaned out. 


Item #7 CVPS repair notification that’s on the Pen Stock at Glen Dam, its way up toward the Dam.


Other business – Mr. Hall identity theft policy that’s being delayed.  Mr. Dicton we asked Kevin Brown to look into it.  He talked to the League and they said they sent that out to cover everybody, so Kevin said he is not proceeding along really quickly at this point.  It may not be required at all.  So we’re on hold right now.


Chief Sly re placing a stop sign at Carmel Place, complaints regarding traffic coming onto the highway. 


Mr. Rhodes, any other business come before us, if not as required.  Mr. Terenzini made the motion that the Select Board goes into Executive Session for personnel matters.  Mr. Delbianco seconded the motion.  Mr. Rhodes the discussion will be with one of our Lister’s Anita Duch, pertains to her time.  Motion passed unanimously.


Mr. Rhodes declared the executive session closed at 9:51 P.M.


Mr. Terenzini moved to close the meting at 9:51 P.M. Mr. Hall made a second to the motion. The motion passed unanimously.


































Approved this 26th of May 2009




Stanley F. Rhodes III, Chairman



James Hill, Clerk



Richard J. Delbianco



Joshua C. Terenzini