JUNE 9, 2009




Board members present: Joe Dicton, James Hall and Richard Delbianco.


The meeting opened at 6:30 p.m.  The Board approved orders.


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


Before we get into errors and omissions, it was brought to my attention that the folks from the Vermont National Guard are requesting landing of a helicopter upon school property.  And apparently they have put a request in to someone at the school, I haven’t followed up on it to see who and they haven’t received a response yet.  So we’ll be addressing this here in the next few days. 


Errors and Omissions:  Minutes of the last meeting, on Page 2, I noticed up near the top it says Mr. Charlie Shields, asked me to fill in for him as his alternate at the next, it should be TAC rather than TAX. 


Page 5, down second paragraph up from the bottom, Mr. Zingale, noticed to seek a Public Health action, in other words the word “action” should be inserted between Health and against. 


And those were the only things I could find.  Mr. Delbianco made a motion that we accept the minutes of May 26 as corrected.  Mr. Dicton seconded the motion.  The motion passed unanimously. 


Town Recreation Commission Chairman, Mr. Rick Delbianco reported:  Received a check from the Softball guys, will turn it over to Marie.  It’s for the first half of the season, $1500.00.  That will go into the Rec Fund.  Everything is going well for the most part.  Waiting for the second half of the season to make a schedule for Dewey’s, and up at Northwood.  Waiting to get the major softball team.  Majors will start next Monday; we don’t have a coach yet.  I have contacted the parents. If no one steps up they’re not going to have a team.  


Mr. Hall, we have a few questions that were generated in the last few days.  Mr. Dicton I have a couple quick ones; thank you for the check.  I don’t see a contract on file, also liability insurance from the Softball League.  Mr. Rick Delbianco, I think that has been turned over to the school board, but I will make sure we get a copy.  Mr. Hall, I remember discussion that the school was going to have to weigh in on this issue.


Mr. Delbianco we do have the contact, I’ll make sure someone from the school signs it and will bring it into the Board.  Mr. Hall, Marie gave us a spread sheet where we stand on budget versus expenses.  And we’re running very close to running out of money.

Mr. Delbianco, we just started pool signups and that brings in a lot of income the month of June, it usually ranges $5,000 or $6,000.   Mrs. Hyjek, out of that $13,000, we will not have a large payroll.  Mrs. Hyjek the payrolls run around $10,000.  Mr. Hall then we should be in good shape then.  Mr. Rowe, we shouldn’t occur other than a small payroll because the guards are meeting on Sunday, and we have two pool picnics on the 15th and the 17th that will require 4 or 5 guards at 8 hours each.  Mr. Rowe, the pool is up and running, they are still constructing there.


 Mr. Rowe, we have little kids coming in next Monday, and the National Guard coming in this Sunday.  We had a couple of big cracks in the pool, from over the winter.   Champlain Pool fixed the cracks.  The fire department pumped it so the grates could be replaced according to the National law.  And we have a cover so it will save us the expense of filling the pool.  Mr. Hall, did the people give you any idea of what we’re looking it.  Mr. Rowe we’ve had estimates of $30,000 to $60,000 to resurface the inside of the pool.  Joe, could you get a hold of someone from Quinn’s and see if they can meet us at a convenient time, to discus the completion.  Mr. Rowe they need to cap the top of the roof that’s all that needs to be done.  Discussion of painting the building and removing the staging.  Mrs. Hyjek discussion about the fencing around the tennis court.  Discussion of pool passes we generated approximately $2,500 last night.  Mr. Rowe discussed painting of the building, willing to do it himself.


Mr. Hathaway discussed the tractor and needed repairs.  Mr. Delbianco annual plea when we come to the end of the year I plead to get a Gator, as the tractor is not meant to do that kind of work.  Have an estimate from John Deere for a Gator, it’s about $6,000.  The tractor is not meant to drag the fields; the alternative would be to get a golf cart, which would run about $2,500.  Discussed the cost of batteries for the golf cart.  Mr. Dicton I’m just trying to justify either machine.  Mr. Hall, the next meeting is the 23rd and we’ll bring it up again. 


Charlie Shields:  I have no meeting as far as the solid waste is concerned.  Fred went to the TAC meeting, the board requested that Tom McCauley come in here and give a presentation on the rail yard to the board that he gave to the transportation committee.  Mr. Hall, Mr. Nicholson went to your council meeting the last time, so you’re up Fred.


Fred Nicholson:  The consultant on the western corridor study gave the TAC committee an update of what they’ve accomplished so far.  It’s the entire length of the western side of the state.  They gave no specific recommendations.  The rest of the meeting we spent talking about prioritization of projects and recommendation to substitute a project over on 22A for a previously listed down on 103 in Wallingford.    The consensus of the group that 22a was more like to get done it was a safety issue as is 103.   And the challenge for the TAC and the western corridor is to overcome the ingrain bureaucracy, because the projects that are going to happen in the western corridor are also going to draw on a bunch of pots of money. 


Mr. Hathaway – paving is completed up to a point where we need to get into another fiscal year.  Creek Road has been ground but has not been resurfaced, and that is due to a large culvert project.   We did get our structures grant from the State to pay for 80% of that project.  There are two maybe three other smaller culverts that will also need to be changed.  When we grind a road we like to have it based in a few days of when we grind it.  That wasn’t going to happen this year because of scheduling.  And so to have the grinder leave the area and then come back again was going to cost additional approximately $5000 for immobilization, I couldn’t see spending that money just for mobilization where I though traffic could tolerate a gravel road for a few weeks.  It will be a gravel road until after the 4th of July.  Post Road project that will be done soon after that or just before that something of that time frame.  So paving will be done and all completed soon after the fiscal year, the new fiscal year starts after July 1. 


Mr. Hall, we’re getting good comments from the town’s people on the paving projects.

Mr. Hathaway, we are a little bit behind on clean up, we’ve got some driveways that need to have aprons paved.  Roadside mowing; the first initial mowing for the year has started, late July and August a more thorough mowing will be done.


Mr. Hall – New business.  Board to discus snowplow contracts and winter maintenance. 

I spoke with you briefly the other day and my recommendations is that this go through a committee first. 


Mr. Dicton, which portion of the snow plowing contact are we talking about, for everybody who is plowing, or one specific group.  Mr. Hathaway we could discus it in committee format and then come back to the Board with a full report.  Mr. Hall so do you have any problem with that Dick?   Mr. Delbianco, no.  Mr. Hall, Joe would you mention that to Stan when you’re in touch with him.


Mr. Dicton, Grove Street, the windrow on the shoulders is that your responsibility to fix or is that Wilk’s; Mr. Hathaway that is ours. 


Mr. Hathaway, I would like to extend my appreciation to the select board and Brian Sanderson, town of Proctor, last January when we were doing budgets, we did include in our upcoming budget money enough to purchase a rear mounted truck conveyor for doing shoulder work.  The town of Proctor is allowing us to use their conveyor this year so that money won’t be spent on a conveyor.  I would ask the board to consider after July 1, the town of West Rutland, has a line stripe machine, and they would be willing to share that with us if we purchased the sulky that goes with that.  We need to add a white edge line on some of our busier streets, such as No Grove St, East Pittsford Rd, Stratton road, it will probably cost approximately three to four thousand dollars to hire an outside contractor, to do that the sulky is about $4,000, which is about the equivalent cost of the front half of the machine.  West Rutland will share their machine if we share the sulky with them.  Mr. Dicton, what would it cost to hire out the striping of the lines?  Mr. Hathaway it would be about three to four thousand dollars, to do the mileage that we have to do, and that would be every year.  Mr. Dicton so this is a one time cost of $4,000 plus paint and labor.


Mr. Hall, Joe Denardo is not here.


Mr. Hall, Bill Matteson Planning Commission.  Mr. Matteson did everybody get a copy of my letter? Mr. Hall yes.  Mr. Dicton can you give an overview for other people.  Mr. Matteson, pretty much just explains the areas of concern that the Planning Commission has, which they went over six years ago when they came in for their subdivision.    Basically it touches on the non-complaint issues of the road itself and the construction of it.  Requires that the landowners, before purchasing any property be notified in fact that the road was not acceptable to town standards.  I believe it is clear on each of the deeds that that was the case.   They need to hire an independent engineer.  Mr. Hall I believe the meeting that Mr. Liccardi was here that they agreed to do that.  Mr. Matteson they need a complete report.  Mr. Dicton you also make reference to a huge retaining wall constructed on the first lot on the right hand side going down the hill, if this wall should fail due to water runoff, the road or saturating of the base and could be catastrophic results.  Was this a unanimous decision on the Planning Commission Board, yes I didn’t have anybody object to it at the meeting? 


Mr. Matteson, I understand the Zoning Committee has finished up their work on the zoning document and is being turned back over to the full board now for further revision.  Mr. Hall I have it in my notes it was due to come up on the next meeting for full board discussion, the 23rd of June.  Mr. Matteson, indicate what the changes are from the original document to the new document.  Discussion on how to redo the document.  Was it intentional to put in a Zoning Board of adjustment instead of a DRB?  Mr. Hall yes it was. 

Mr. Delbianco, DRB you put down Planning Commission.  Mr.  Hall well ZBA.  Mr. Zingale, the change was that if it went from what was the Development Review Board, to a Zoning Board of Adjustment, and that would change the way the process works.  And it would keep the Planning Commission more involved in the day to day operation of the town.  Development Review Board would do studies for the Select Board.  And they wouldn’t be in involved with day to day activities of the town.   The applicant would have to get two permits, one from the Planning Commission and one from the Zoning.  Mr.  Hall it’s going to come back to the full board next meeting and we can make a case for or against whatever then.  This is a town that in 2009 has never had zoning.


John Sly – no reports sir. 


Mrs. Hyjek, I have a couple of things.  Concerns prompted me to call VLCT.  First of all the municipal building, insurance coverage, the last walk through was done in July of 2008.  We are insured at the present time for $50,000 for contents, with the added equipment, Joe’s video etc., I would recommend that the Select Board consider increasing it to $60,000. If that is the case I will need a letter from the Select Board to VLCT making that change.   Liability issues for animal control I also question that.  You will notice in this year’s budget we are going to show a deficit for the VLCT for our health insurance, general, not the general insurance.  Mr. Hall, can you prepare a form for us to sign for the next meeting?

Mrs. Hyjek the one that increases it to $60,000, yes I can.   Mr. Hall then present it to us.  Mrs. Hyjek, I gave you a copy of the delinquent turn over sheets.  2007  2008 we had a delinquency of about $150,000, 2008 2009 we’ve got about $269,000 that’s an increase roughly about a 119,000.  The first turn over by Richard Lloyd gave us $70,000 to be applied to that.  Cash flow you notice we didn’t show a deficit until later on in the year, so I wouldn’t be able to apply for a line of credit until probably late fall.  Mrs. Hyjek last year we got a $540,000 line of credit, and were very fortunate we didn’t have to use it.  Mr.  Hall how long does that go for?  Mrs. Hyjek it goes for a year.  Line of credit for the school $800,000, I think the bank came in at 1.9% interest for the line of credit.  It’s not a loan it’s just there if you need it. 


Mr. Charlie Shields, reference oil pricing.  West Rutland went with a State contract rather than a specific bid and said they saved thousands of dollars.  Mr. Hall that is an option we can do.  Mrs. Hyjek, Stan Rhodes is looking into that and we’re supposed to be getting information.  Fuel bids, we are combining with West Rutland and Proctor this year.   Mrs. Hyjek we will have our bids at the next meeting.


Mr. Zingale, been reading the meter up at the pump station at the school for the past week and a half.  Will get data on how the pump station is doing.  Growth on Route 7 in Rutland Town where it would be likely to go.  Mr. Hall, re getting McCauley in here for the rail yard.  Mr. Zingale, I've talked to all three of them and I’m shooting for you next meeting at this point. 


Mr. Hall any other comments or questions on the floor, if not we will move on to new business.


New Business:  Item #3, Marble Valley Lions request to operate concessions at town’s Fourth of July Fireworks.  Mr. Delbianco, made a motion that we allow the Marble Valley Lions Club to operate concession stand the night of the fireworks up at Northwood.   Mr. Dicton seconded it.  The motion passed unanimously. 


Green Mountain Plaza requests for road signs and permission to construct within town road right of way.  I think that’s Item #1 in our correspondence.  Mr. Zingale, I can explain that one.  Its part of the Act 250 for the Green Mountain Plaza, they need to address traffic down there as does the future John Kalish project.  It’s to do with traffic making a left onto Cop John Drive.  They want to put up an obstruction.  The next is the signage, on Cop John Drive, a sign that would indicate not to proceed north of Farrell Road but to make a left on Farrell Road, effectively making Cop John Drive one way, just south.  Mr. Dicton does the Planning Commission have any comments regarding that.  Mr.  Matteson it has been discussed.  I haven’t discussed it at the Commission level but I’m sure that we would support whatever is necessary to make that work down there.  Mr. Dicton I would like to present a motion to the board, approving the minor changes to the act 250 permit, stated here for the Green Mountain Plaza, amendment 1R0678-8.  Mr. Delbianco seconded the motion.  Motion passed unanimously. 


Old Business:  Board to discus proposed draft Zoning Regulation.  Mr. Zingale I think I jumped the gun on that one.  Mr. Hall it should be the 23rd according to my notes. 


Correspondence:  Mr. Delbianco it is not Amanda Lane.  Mr. Matteson it is Amanda Place. 

Mr. Hall Items 1 and 2 we’ve already taken care of.  Item #3, we have a notice of change of appraisal on property we own in West Rutland.  Mr. Zingale, that’s actually to our advantage.   Land under the power lines and Mr. Burgess feels that should come in at a lower rate so he’s going to go over and make a case on it.  Mr. Hall, fuel oil bid was already discussed, delinquent tax report was discussed, case flow information we discussed.  City ticket money to the town from the City of Rutland was discussed.  Will be turned over to Mr. Sly. 


Mr. Hall, we have to act on Dick Lloyds resignation from the Planning Commission, he wants it effective June 31, the motion is in order to accept Dick Lloyd’s resignation as of June 30.  Mr. Dicton I would like to present a motion to the Board releasing Dick Lloyd of his responsibilities to the Planning Commission effective June 30, 2009.  Mr. Delbianco seconded the motion.  Mrs. Hyjek I request a copy of the resignation to be put on file. Motion passed unanimously.  Mr. Matteson, Andy McKane, has expressed interest in it the last time I saw him.  He would like to be considered.  Mr. Zingale, also a new town resident, Marty Wasserman, is interested. 


Mr. Hall we need to sign the Accountability Policy that we adopted last meeting. 

Mr. Hall I have some notes here that Joe gave me.  The board needs to hire someone to write minutes.  If we are to stay with Mrs. Biathrow we need to vote on the amount.  Mr. Hall, I will speak with her and see if she wants out or whatever. 


Mr. Hall what’s your recommendation on the Gerdon issues, Mr. Zingale, I spoke with George’s brother, Tom.  I asked Tom to communicate to George our request to move those vehicles.  Tom said he spoke to George and he didn’t think anything was going to be happening.  We have got word to him, the order is already to go, and with you vote we would file that with the court and begin the process.  Mr. Dicton last meeting I thought John Sly or John Paul was supposed to speak to them. 


Mr. Delbianco, Byron, these two letters from Tom Roberts, can you explain those?  Mr. Hathaway, one is a loser letter and one is a winner letter.  We got out grant for the culvert on the Creek Road, and we didn’t get our grant for class 2. 


Mr. Zingale, speaking with Mr. Sly he was waiting for a letter from me to give to George, there’s the order but we did get word to him.  If you want I can give John a copy of the order tonight and he could deliver that.  Mr. Hall, I think that would be the way to do that. 


Mr. Hall, discussion Chamber of Commerce, REDEC and Rutland Redevelopment Authority this all falls in with the Rail Yard presentation. 


Mr. Hall the motion is in order to adjourn.  Mr. Delbianco, I will make a motion that we adjourn this meeting.  Mr. Dicton seconded the motion.  Motion passed unanimously.


Approved this 9th day of June 2009.



Stanley F. Rhodes, III Chairman


Jim Hall, Clerk


Richard J. Delbianco


Joshua C. Terenzini


Joe Dicton


Center Rutland, Vermont