June 8, 2010





The meeting opened at 6:50 P.M. with the Pledge of Allegiance.


Board members present: James Callahan, James Hall, Steve Hawley, Stanley Rhodes III and Josh Terenzini.


Review of 5/25/2010 Minutes


Two typos were noticed, one on page 4 and one on page 6. Mr. Hawley said that the vote to approve the listers' request for a thirty-day extension was passed unanimously but not written as such after the motions. It was noted that the correct name of the boy scout who worked on a project at Cheney Hill was Drew Peterson. Mr. Hall motioned to accept the minutes as corrected and Mr. Terenzini seconded the motion. There were four votes in approval and one abstention from Mr. Terenzini who was not present at the last meeting.


Amanda Place


Several residents of Amanda Place were present to discuss the Town taking over the maintenance of their road. John Licardi was the main spokesperson. He presented the following information:


        An engineer verified that there were no stumps on the sides of the road

        Fire engines have been able to go onto the road and turn around

        There have been no traffic accidents at the intersection with Colonial Drive

        Even though the grade does not meet the Town standards, it meets the National Highway safety limits

        The currents owners of the road are willing to sign off on the issue of drainage and lack of culverts

        It was too expensive to have a company bore to check the depth of the gravel underneath the pavement so he asked Mr. Steve Wilk, whose company did the paving, to come in tonight to explain what was done

        Byron Hathaway, the Road Commissioner, said he has no issue with servicing the road


Mr. Callahan asked how much the road was over grade and Mr. Licardi said three degrees. Mr. Rhodes brought up that in the past the Town had taken over Wynnridge Drive which had some issues and that the longer a road sits, the better it compacts. It has been over six years since it was done. Mr. Licardi and another resident of Amanda Place brought up other roads that are over grade including McKinley Avenue.


Steve Wilk said that he fine graded the base of two inches and paved one and a quarter inch of top on it which exceeds the Town specs. This was done in 2002-2003.


Bill Moran said that he has put in a culvert on Amanda Place.


The residents want the Select Board to vote on taking over the road. Mr. Rhodes said that since there are three new Board members, he would like them all to have a chance to have a site visit before voting. Mr. Zingale said he thought the Board had requested certification from an engineer. He added that there does not need to be a public hearing. The Board will meet in one week on June 15th for a site visit at 6:30 P.M. and vote on the issue at the next official Board meeting.


Town Clerk/Treasurer - Marie Hyjek


Ms. Hyjek reported that the Town Office will be open until 5:00 P.M. on 6/17/2010 to accept petitions for the primary in August.


Tax bill paper has been ordered and residents have been calling to find out if the first payment will be due September 10th. Ms. Hyjek said it depends on the LIsters and the appeal process as to when the Grand List will be ready. If the due date is to be September 10th, then the bills have to be in the mail by August 10th.


Ms. Hyjek has made up a cash flow in order to apply for a $750,000 line of credit for the Town. The School Board is voting tonight on an $850,000 line of credit for the School. She said it may have to be a loan instead of a line of credit since not as many banks are giving lines of credit.


The delinquent tax burden has gone from $232,000 to $164,000 which includes previous years.


There were three corrected tax bills based on State appeals. There are two more pending at the Board of Abatement.


Local Option tax revenue to date is $944,000 which includes $650 from last year.


Rockin' Willy's has a tobacco license for the Board to sign.


Rutland Regional Planning Commission - Fred Nicholson


Mr. Nicholson reported that the RRPC budget has been set and a surplus of $500 is expected.


Two hundred five homes partook in the energy surveys countywide which far exceeded expectations.




Police Department - Chief John Sly'


Chief Sly said there have been several incidents recently with livestock getting into the road, including sheep, cows and horses. He asks that owner of livestock call and inform him what they have and where they live so when these issues arise, the Police Department will know who to contact.


Chief Sly requested that a report be available to him on-line for dog licenses. Ms. Hyjek will give Mr. Zingale a report to scan and put on the website or e-mail.


The Police Force is back up to full hours with Ed Dumas working forty hours and John Faignant working twenty-four.


Mr. Hall asked about the question he raised at the last meeting concerning criminals being released early and those who are prohibited from living in Rutland Town due to a Town ordinance. Chief Sly said that he will set up for someone from the Corrections Department to come in and talk to the Board on this matter.


Mr. Rhodes asked what advice could be given to homeowners in light of the rash of burglaries in town. Chief Sly said a home security system is the best option and to call 911 immediately when a burglary is in progress. He advised not to be confrontational with the perpetrators.


Chief Sly said the tobacco application for Rockin' Willy's is complete and can be signed.


Town Administrator - Joseph Zingale Jr.


Mr. Zingale reported that the shape file received from Dean Russell is not complete. It doesn't show several subdivisions and is not totally tied to the whole Grand List despite the fact that the paper maps do include the subdivisions. Mr. Russell is charging $3,600 for this file. Mr. Callahan asked if the Town was going to go with IVS instead of Mr. Russell. Mr. Zingale gave a brief background and Ms. Hyjek said that Howard Burgess, the Town Lister, would like to be included in any discussion prior to any decisions. Mr. Zingale is to contact Mr. Russell and ask for the shape file to be updated.


Mr. Zingale has drafted a letter to the Town of Pittsford concerning the General Land Company's intention to create five lots without notifying the Town. A road of about 7,000 feet will be built which will attach to Blueberry Lane in the Town. Mr. Zingale said that Pittsford had agreed in the past that when they got to five lots they would pay to improve the Town road due to extra traffic flow. There is also an issue with emergency response with Rutland Town being closer to the area. Mr. Hawley motioned to sign the letter draft and send it to the Pittsford Town Office. Mr. Hall seconded the motion. All were in approval.




Kevin Candon, the attorney for the Thomas subdivision, has rewritten the Act 250 application to read that the Town of Rutland may take over the road to be built by the Army to access the new facility off Post Road. Mr. Zingale added that due to archeological finds, the forty-acre Thomas lot created by this subdivision may not be developed which means the Town will receive no tax money to help cover the cost of maintaining the new road.


Byron Hathaway, Mr. Zingale and Mark Blucher attended a meeting with the State Storm Water Department concerning a mapping project to begin in the fall. The project will take several months to complete. Mr. Hall asked if they acknowledged the Town's concerns and Mr. Zingale said they did not.


It is too late to apply for the enhancement grant for May but the Town could apply in the fall. Mr. Zingale said that this process is very competitive and in order to have a chance, public support is needed as shown through meetings. The School could give a letter of support and Chief Sly added that the proposed sidewalk would be the emergency evacuation route for the school.


The transfer station pre-bid walk through is scheduled for 6/9/10 and it will be requested that all repairs be itemized.


The Town received a letter from the US Postal Service (Deborah Essler) that says there is no intention of eliminating the Center Rutland zip code. Mr. Rhodes said he would like to follow up with a letter to Jim McCartney, the Post Office Review Co-coordinator. Mr. Hall made a motion to send a letter to Mr. McCartney and Mr. Terenzini seconded the motion. All were in approval.


Mr. Zingale said that the State has set aside $l00,000 to disperse to towns losing money due to "Free Tax Day". Rutland Town will receive $6,321 of this money,.


Act 250 revisited the Green Mountain Plaza and said that traffic improvements need to be made. If Cop John Drive is barricaded, then this creates a problem for Farrell Distributing accessing their business. There are a couple of resolutions, one being to have a curb cut to Route 7 onto Cop John Drive and another being tapping into Randbury Road which would involve deed issues for rights of way. There will be a hearing in June or July on this matter. Theresa Gilman from VTRANS will discuss this with Mr. Zingale.


There is an Act 250 questionnaire to fill out on the Thomas subdivision.. A copy has been given to Byron Hathaway and Joe Denardo. Mr. Nicholson said that the Act 250 permit for the Thomas subdivision will be discussed at the next RRPC meeting. He wanted to verify that the Town has not decided to take over the new road.





The Town Health Officer appointment is up at the end of June. Mr. Terenzini motioned to reappoint Mr. Rhodes as the Town Health Officer and Mr. Hawley seconded the motion. All were in approval.


Notification has been received from Enman Engineering stating that repairs to the McCulloughs' septic system will be partly in the Town's right of way. There was a brief discussion on this, i.e. whether to send a letter immediately or wait until they approach Mr. Zingale for a permit at which time he would put a condition on the permit. It was thought to be unusual for someone to feel they could encroach on the Town's right of way. It was decided that Mr. Zingale would call Blair Enman about the issue. Mr. Hall said that Mr. Zingale should refer to the Town Highway Ordinance.


Mr. Hall read a press release concerning the McKinley Bridge project that informed the public that the bridge will be closed for about one month starting July 1st. Anyone with issues can call Daniels Construction from Ascutney.


Mr. Hall motioned to approve the sewer allocation of 3,280 gallons per day for the Thomas subdivision off Post Road. This would be a one-time fee of $16,400. Mr.Hawley seconded the motion. All were in approval.


Rail Yard Relocation


HDC Associates has completed their environmental assessment and a letter from Mr.Flynn is asking for feedback on the current status.


There was a lengthy discussion on the status of the proposed rail yard relocation project. Mr. Rhodes was looking for the Board to decide on a desired direction. A couple of the new Board members did not feel they were adequately informed to make any decisions. Mr. Terenzini said he was in favor of the no-build option to recoup monies paid to consultants. Mr. Hall said more discussion with the City and the Rutland Regional Planning Commission would help. He also said that he feels the Rail Road should build infrastructure within their own right of way. Mr. Hawley said that the Rail Road needs to make clear what it is that they really need. Mr. Rhodes brought up the issue of Moon Brook. Mr. Nicholson said that the original plan was to get hazardous material away from the City.


Mr. Zingale said that originally Matt Sternberg said the relocation would create jobs and allow the City's Department of Public Works to locate were the rail yard is currently. Later the Rail Road said their main intention was to move more expeditiously through the City.


Mr. Zingale said that he thought that stacking through incremental improvement would help.


It was decided that Mr. Wilson will come to a Select Board meeting to discuss the issue and that Mr. Zingale will review the history of the project for the newer selectmen.






Mr. Hawley motioned to sign the tobacco license for Rockin' Willy's. Mr. Terenzini seconded the motion. All were in approval.


The Board is invited to an open house for the CVPS Solar Project on 6/22/2010 at 11:00 A.M.


Board members have received applications to become members of the VLCT Board of Directors.


A letter was received from Kent Smith which stated he was very happy with the work the Highway Department did on Sugarwood Hill Road.


The Town received a letter from the West Rutland Listers stating a change in value for property owned by the Town due to the State Land Use Program. Actually, there was no change since the move to have the land in the State Use Program was done the previous year.


Mr. Zingale will draft a letter to the Town of Killington concerning support for making Route 4 a State byway. This will be discussed at the next meeting with a copy going to the Rutland Planning Commission for their agenda.


Mr. Zingale is requesting grant money from VLCT to put a security camera at the Northwood facility. This requires an internet connection so scanning can be viewed on-line. Mr. Zingale will get with Chief Sly on this project.


Mr. Hall read the names of the Town Scholarship recipients and they are as follows:


Shannon Switzer $2,250 Rutland High School

Marissa Raymond $1,750 Mount Saint Joseph

Kelly Turner $1,250 Proctor High School

Sarah Grabowski $1,000 Rutland High School

Kelly McCarroll $750 Rutland High School

Christina Charnock $750 Rutland High School

Joseph Garrow $750 Rutland High School

Greg Gonyea $750 Rutland High School

Sarah Narkewitz $750 Rutland High School


This information has been forwarded to the schools and members of the Select Board plan to attend the award ceremonies at the schools, with the exception of MSJ who have their award ceremony during the school day. Mr. Hall commented that Steve Samson, head guidance counselor for Rutland High, said he was very appreciative to the Rutland Town taxpayers for their generosity.




Mr. Hall mentioned that the valedictorian for Proctor High is Kelly Turner, a Rutland Town resident.


Mr. Rhodes asked that a copy be sent by Mr. Zingale to all department heads as to the hours and pay increase per employee.


At 8:44 P.M., Mr. Terenzini motioned to go into executive session with Howard Burgess and Dean Davis, Town Listers, to discuss tax appeals. Mr. Hall seconded the motion. All were in approval.


The Board came out of executive session at 9:40 P.M.


Mr. Callahan motioned to end the meeting. Mr. Terenzini seconded the motion. The motion passed unanimously. The meeting ended at 9:42 P.M.




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Stan Rhodes III, Chairman Date




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James Callahan Date




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James Hall Date




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Steve Hawley Date




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Josh Terenzini Date