MINUTES: May 8, 2012


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

The Meeting opened at 6:43 P.M.

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

Mr. Hawley moved to approve the April 24, 2012 minutes with corrections. Mr. Dicton made a second to the motion.

Mr. Rhodes read from the minutes of April 24, 2012 regarding the action taken by the Board to hire the Sheriff’s Department for 26 hours of speed coverage per week. The Board also requested Chief John Sly to provide more daytime coverage and ticket production. His hours will be 20 hours during the day and 20 hours in the evening. Mr. Rhodes said the Board would review the matter in two months.

Mr. Rhodes said he read the minutes because he wants the people to know the Board decided not to employ another part time special police officer. Mr. Dicton cited the fact the contract with the Sheriff’s office is for six months. Mr. Rhodes called for the vote. The motion passed unanimously.


There were no questions from the floor.



Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. She asked the Board to consider the proposed contract with Russell Graphics.
    Mr. Rhodes asked Ms. Hyjek if the proposed contract gives her all that she needs. Ms. Hyjek said it does. Mr. Rhodes asked Town Administrator Mr. Joseph Zingale Jr. if the proposed contract helps with his requirements.

    Mr. Zingale told the Board that Mr. Dean Russell has requested the Town give him the polygon shape file produced by the Town’s last mapmaker. Mr. Zingale questioned if the Board wants to just give the data to Mr. Russell or give him the data with conditions.

    Mr. Rhodes said it is a given the Town owns the work product. Mr. Faignant agreed with Mr. Rhodes.  Mr. Zingale said the contract does not address who owns the work product. Mr. Zingale said he is good with the work proposed in the contract. Mr. Dicton moved to approve the proposal from Russell Graphics and to spend no more than $4,950.00 for the shape files and maps and the Town of Rutland will own the work product(s). Mr. Hall made a second to the motion. Mr. Hawley said it is important that the Town own the work product. The motion passed unanimously.



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


  1. Informed the Board that the annual SWAC meeting will be held on the 17th of May at the Rutland County Solid Waste District.


  1. Mr. Shields cited various countywide road improvement projects scheduled for this summer.

    Mr. Rhodes asked Mr. Shields if he wants to remain as the Town’s SWAC representative. Mr. Hawley moved to reappoint Mr. Charlie Shields as the Town representative to SWAC and Mr. Fred Nicholson as the alternate. Mr. Hall made a second to the motion. The motion passed unanimously.


Town Road Commissioner: Mr. Byron Hathaway reported:


  1. He has finished road construction in preparation of summer paving.


  1. Mr. Hathaway told the Board that Wilk Paving will have a conflict in June, when the Wilk plant will be producing a special mix for the US Route 4 and will not be able to produce regular asphalt for Town road paving. Mr. Hathaway said, as a result of the delay paving will not be complete until sometime in July.


Mr. Hathaway said he is concerned with possible price increases for the liquid binder, which is used to make the asphalt. He said the May price for the binder is down $10.00 from the price in April. Mr. Rhodes cited the fact that the Board took quick action in awarding the contract to Wilk Paving and does not now want to be put on the back burner because he has bigger fish to reel in.


  1. Mr. Hathaway told the Board he a copy of a mutual aid agreement, which various Road Commissioners in Rutland County are considering. Mr. Hathaway said unless there is a mutual aid agreement in place any work he might do for another town in time of crisis would not be reimbursable by FEMA.


  1. Told the Board he plans to hire Jerry Stearns to install new LED lighting at the Salt Shed. He said the work would be done after July 1st.

    Mr. Dicton asked Mr. Hathaway if he had received the new chipper. Mr. Hathaway said the new chipper is stored at the Mendon Garage.



Mr. Hall told Board members that he and Mr. Hawley (the Fire Committee) had selected Black River Design as the company to design the renovation improvements for the Center Rutland Fire Station. He said the company was selected because it submitted the most complete and easy to understand timeline of any of the bidders. Mr. Rhodes read from the Black River Design submittal. Mr. Hall also cited 15 questions, which Black River Design feels the Town needs to address. Mr. Hall said the proposal is well within the $9,000.00 budget.


Mr. Hall said the fact the information submitted by Black River Design was so easy to understand (and would be easy for taxpayers to understand) was key in the selection of Black River Design. Mr. Hall said he and Mr. Hawley had met the previous day with Chief Joe Denardo and that the Chief is good with the Black River Design selection.


Mr. Faignant moved to accept the recommendation of the committee. Mr. Dicton made a second to the motion. The motion passed unanimously.


Planning Commission: William Matteson:


  1. Reported the Planning Commission recently approved a three-lot subdivision.


Mr. Rhodes read a memo from a VLCT attorney, which said the voters would be voting on a Zoning Ordinance, which had been approved by the Board. Mr. Zingale told the Board that the late Mr. Mark Blucher had told the Board that it could place the Zoning Regulation on a ballot for the public to decide and did not say the Board had to approve the zoning regulations.


Mr. Matteson said he would discuss the matter with Ms. Susan Schreibman, Acting Executive Director, of the Rutland Regional Planning Commission. Mr. Matteson said he agreed with Mr. Zingale that Mr. Blucher did not intend for the Board to vote on whether to approve the proposed regulations.


Regional Planning Commission Mr. Fred Nicholson reported:


1.      Informed the Board that the RRPC Executive Committee has selected a consultant to interview regarding assisting the Commission’s with the Strategic Planning Initiative.


  1. Told the Board that the RRPC Executive Committee will form a search committee next week to begin the task of selecting a new Executive Director.


  1. Informed the Board that his Chairmanship of the Regional Planning Commission is up in June. He said he would remain an Ex Official of the Executive Finance Committee for three years.


Mr. Rhodes said Mr. Nicholson did a good job while chairman at the RRPC. Mr. Hall congratulated Mr. Nicholson for his work on the byway project. Mr. Nicholson said the signs have been designed and ordered.


Recreation Director: Mike Rowe reported:


  1. Told the Board it would cost about $1,300.00 to change all the Recreation locks. Mr. Dicton made a motion to allow Mike to spend about $1,300.00 on re-keying and re-locking all the recreation facilities locks and doors. Mr. Hall made a second to the motion. The motion passed unanimously.


  1. Informed the Board that the pool cover will be removed on May 20th. He said the pumps would be turned started on May 25th, when Allen Pools will perform some maintenance work. He told the Board he hopes to open the pool on the second of June.


  1. Suggested Mr. Hathaway look at a tennis court sinkhole at del Bianco Park. Mr. Hathaway said he would try to repair the sinkhole. Mr. Hathaway said he would saw cut the pavement in order to fix the sinkhole. Mr. Hawley suggested the Town check to see if the repair would be covered under the Town insurance. Mr. Rhodes cited the fact that no claim has been filed.

    Mr. Rhodes questioned Mr. Rowe regarding the status of the men’s softball league. Mr. Rowe said he would check and get back to the Board.

    Mr. Shields told the Board that the Northwood park maintenance person is doing a wonderful job. Mr. Rhodes asked Mr. Rowe to fix the fence at the entrance to Northwood Park.


Town Administrator:  Mr. Joseph Zingale reported:


  1. Informed the Board that he needs to schedule a public hearing in connection with the Business Route 4 sewer line feasibility study. Mr. Zingale told the Board that Mr. Stewart had requested that the Town schedule the hearing.

    Mr. Rhodes requested that the appropriate officials be present to answer any questions. Mr. Zingale said he would invite Mr. Stewart to the meeting. Mr. Zingale will warn the meeting for a regular Select Board meeting.


  1. Cited a request from Kinney Vermont (Kinney Motors) to be allowed to stop mailing in quarterly floor drain maintenance reports. The Board discussed the matter and decided Kinney Vermont no longer has to send the Town a copy of the report but must keep a copy in their records.


  1. Gave Mr. Rowe the name of an individual from Spring Lake Ranch who has several volunteers that would like to do a clean-up project in the Town.


  1. Told the Board that according to a State Fire Marshall Report some of the back stairs at the Town Municipal Building do not meet code. He told the Board that the hand railings also do not meet code. Mr. Rhodes suggested the Board hire Mr. Larry Young to fix the stairs and handrail. Mr. Faignant or Mr. Dicton will contact Mr. Young.


  1. Informed the Board that the Diamond Run Mall had paid its delinquent sewer bill. Mr. Faignant said Mr. Zingale should check to see whether the statement say that this is an effort to collect a bill, any information will be used for that purpose.


The Board considered the Crowley Brothers Memorial Road Race request to use Town streets. Mr. Dicton made a motion to grant the request to use Town streets. Mr. Hawley made a second to the motion. The motion passed unanimously.


The Board discussed the proposed RRPC local road traffic study RFP. Mr. Hathaway said the City officials are concerned a new local road in Town could cause traffic problems in the City. Mr. Hathaway cited a proposed connection to Park Street as a possible long-term plan to bring traffic to Route 7.

Mr. Rhodes said the study should determine whether the road can be built before a lot of money is spent and it is later determined the road couldn’t be built. Mr. Zingale said he would keep the Board posted regarding the progress of the local road RFP.


Mr. Rhodes cited a letter from the City of Rutland Police Department claiming the Town had incorrectly received Rutland City Traffic fine revenues. Mr. Rhodes asked Mr. Faignant to look into the matter. Ms. Hyjek told the Board she had prepared a check but would now hold the check. Ms. Hyjek cited the fact that Police Chief Mr. John Sly had reviewed and approved the traffic fines. Mr. Rhodes told Ms. Hyjek that Mr. Faignant would be looking at the fines in the future and he asked Ms. Hyjek to give Mr. Faignant the paperwork in the future.


Mr. Hall reported to the Board regarding the activities of the Select Board Scholarship Committee. Mr. Hall told board members that a late scholarship application was accepted due to the fact the notification sent to the students said April 30th was the deadline.


Mr. Hall said the Town received 15 scholarship applications. Mr. Hall said the committee awarded scholarships to 11 applicants. Mr. Hall passed out a list of the names of the individuals to receive scholarships. Mr. Hall said the committee was unanimous in its selections.

Mr. Hawley made a motion to accept the scholarship recommendations. Mr. Dicton made a second to the motion. The motion passed unanimously.


The Board discussed a proposed contract with the Rutland County Sheriff’s office. Mr. Faignant recommended that paragraph # 1 be changed to read “Town Officer” instead of “Town Constable”. 


Mr. Hall questioned Mr. Faignant as to whether the Sheriffs would respond to calls in addition to running radar.  Mr. Faignant said it would depend on the nature of the call. He said officer safety will come first and emergency response will come second.


He said they will respond to emergencies if they are in closer proximity that anyone else.


Mr. Rhodes said the Sheriff’s fee would be $35.00 per hour. Mr. Rhodes cited the fact there is three months of Constable pay that will not be used. Mr. Rhodes said the Sheriff’s would bill the Town bi-monthly. He said they would provide the Town with 26 hours coverage per week.


Mr. Dicton made a motion to accept the Rutland County Sheriff’s Office proposal for a six-month term, starting April 26 and going through October 26th. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Hawley read a thank you note sent to the Board from the Tom Turner Family.


Fire Chief: Joseph Denardo reported:


1.      Passed out references for the company the Fire Department would like to hire to test the Department’s hose. Mr. Dicton told Mr. Denardo that a relative (of Mr. Dicton) who was a Fire Chief in New Jersey has a new hose-testing machine he would give to the Town of Rutland at no charge.

Mr. Denardo said depending on the equipment specifications he might be interested. Mr. Denardo said one reason for hiring a company to test the hose is because the department doesn’t seem to get it done.

Mr. Dicton said the Department might want to take the machine and maybe use it in the future. The Chief said if the machine meets NFPA standards he would be interested. Mr. Denardo said the hose testing company would charge $3,500.00 per year to test the Department’s hose.

Mr. Faignant moved to sign the contract with Waterways Capital District Hose Testing for $3,500.00. Mr. Hall made a second to the motion. The motion passed unanimously.


2.      Mr. Denardo and the Board discussed scheduling matters regarding the Center Rutland Station renovation plans.


3.      Mr. Denardo said there is a major concern with the department’s workers compensation coverage. Mr. Denardo said the concern is the fact the insurance does not consider some of the things the department does as part of their duties. Mr. Denardo cited participation in the annual Muster Games Convention.

Mr. Denardo said the insurance carrier has made it clear that they do not view the department’s annual Muster Games Convention as being part of the department’s duties.

Mr. Denardo said a woman participating in last years games received an eye injury and that she has been told she is on her own and that there is no coverage.

Mr. Faignant said it is not up to the insurance carrier to determine what is and what is not part of the duties of the Rutland Town Fire Department. He said the Select Board decides what are the duties of the fire department.

Mr. Faignant said amendments adopted by the Board recently make it very clear that officer directed activities would be considered as part of their duties. Mr. Dicton asked if the department showed the amendments to the insurance company. Mr. Faignant said he did not submit the amendment to the insurance company. The matter was discussed further and no action was taken.


4.      Mr. Denardo informed the Board that department members have been discussing whether a non town resident fire fighters should be allow to hold a rank as high as assistant chief. Mr. Denardo said he wanted the Board to be aware of the discussion.


5.      The Chief informed the Board that department members would be attending the VSFA convention in Bennington in August. Mr. Denardo said the department would also send a truck to attend the parade.


6.      The chief said the new tanker 31 should be delivered in June.


Mr. Hall informed Board members he would not be able to attend the next Community Advisory Committee. Mr. Faignant said he would attend the meeting scheduled for West Rutland.


Mr. Denardo requested the Board appoint a new assistant Emergency Management official. Mr. Hawley moved to appoint Mr. Mike Barron as the Town Assistant Emergency Manager. Mr. Dicton made a second to the motion. The motion passed unanimously.


Police Department: Chief John Sly reported:


Not present.



Mr. Hawley moved to close the meeting at 8:07 P.M. Mr. Hall made a second to the motion. The motion passed unanimously.