MINUTES: July 17, 2012


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

The Meeting opened at 6:40 P.M.

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


The Board reviewed the July 3, 2012 minutes.  Mr. Hall moved to accept July 3 minutes as presented. Mr. Dicton made a second to the motion. The motion passed by a vote of three to 0. Mr. Faignant and Mr. Hawley abstained from the vote.


The Board reviewed the June 19, 2012 minutes. Mr. Rhodes cited the fact the minutes and the bid submittals for the new fire truck do not agree. He said there is a $200.00 difference between what is listed in the minute’s verses the amount cited in the bid. The Board discussed the matter and did not change the minutes. Mr. Hawley moved to accept the minutes as printed. Mr. Dicton made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Rhodes abstained from the vote.


The Board took questions from the floor.


Mr. Shames Fagan asked the Board if he could place a geo cash in Northwood Park for individuals to try to locate with their GPS devices. The Board discussed the request with Mr. Fagan. Mr. Fagan told the Board he is a merit badge councilor for the geo cash merit badge for the Boy Scouts of America.


Mr. Faignant moved to authorize the placement of the stash as described. Mr. Dicton made a second to the motion. The motion passed unanimously.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Informed the Board that A. M. Peisch has begun the Town audit.


  1. Told the Board there will be a Board of Civil Authority (BCA) meeting on August 7, at 6:00 P.M. The Board will hold a Select Board meeting at 6:30 P.M. to review the proposed zoning regulations.


  1.  Informed the Board she will have Constable Faignant post the primary election notices.


  1. Told the Board that LHS is testing the Town voting machines.


  1. Told the Board the last day to register to vote is August 22 and that September 4 is the last day the Board has to place an item on the ballot


  1.  Thanked the highway crew for painting and putting new locks on the old ballot boxes.


  1. Told the Board that of January 1 she no longer wants to have hunting and fishing licenses for sale at the Town Office. Ms. Hyjek said it is no longer cost effective to sell the licenses. She said the Town used to make $1.50 on each license sold and that the State provided a pre paid envelope.

    She said now the State now wants to do banking electronically. Ms. Hyjek said the State wants to know the Town’s electronic bank account information. Ms. Hyjek said more people are getting their license on line.

    Ms. Hyjek said recently her office inadvertently placed a Treasurer check in an envelop to the Fish & Game Department and the Fish & Game check to the Treasurer. Ms. Hyjek said the Fish & Game Department cashed the check and told Ms. Hyjek she could not have the check back but rather would be given credit. Mr. Rhodes said it is up to Ms. Hyjek to decided whether to continue selling the licenses.  



Transportation Council & SWAC: Charles Shields reported:


  1. No meeting no report



Regional Planning Commission Mr. Fred Nicholson reported:


  1. Told the Board the RRPC is well into its strategic planning initiative.


  1. Informed the Board that the RRPC has developed a job description for the position of Executive Director. Mr. Nicholson said a new Executive Director should be on board by October.


  1. Told the Board he had reviewed the Killington Ave / Victoria Dr. tree situation and that the tree is definitely an obstruction and is located within the road right of way (R-O-W). Mr. Nicholson told the Board that the tree is a multi stem healthy large oak.  Mr. Nicholson said the landowner has no interest in cutting down the tree.

    Mr. Rhodes said he would like to view the tree and Mr. Dicton said he would like to hear from the landowner. Mr. Faignant said the tree is a danger. Mr. Nicholson said the Select Board would make a decision after holding a public hearing. Mr. Nicholson said the Board should also remove the hedgerow up the hill from the tree in question. Mr. Faignant agreed with Mr. Nicholson regarding removal of the hedgerow.

    Mr. Dicton inquired as to the road with. Mr. Nicholson said the road is 50 wide. He said the edge of the R-O-W would be 15 feet from the edge of the pavement. Mr. Nicholson said the road is not center in the R-O-W. He said the road is off-center away from the tree. Board members will individually view the Killington Ave / Victoria Dr. intersection.


  1. Mr. Nicholson told the Board he also viewed an elm tree near the Countryside Drive  / East Pittsford Rd. intersection. He said it is questionable whether the tree is in the road R-O-W. Mr. Nicholson said the tree is healthy. Mr. Nicholson said the sight distance at the intersection is good. Mr. Nicholson recommended no action be taken with the tree.


Mr. Nicholson said he would give copies of his reports to the Town Clerk for inclusion in the Town report. Mr. Zingale will warn the Killington Ave. / Victoria Drive tree matter for August 14, 2012 at 6:30 P.M.


Mr. Nicholson told the Board that the By-Way Committee has ordered signs. He said the cost of the signs might not be covered by grant money. He said if there is no grant money the Town would be asked to pay $120.00. Mr. Nicholson said Mr. Hathaway would but the signs up as the Town’s local match.


Recreation Director: Mike Rowe reported:


1.      Told the Board baseball has ended. He said the Town’s major team came in second in the tournament.


2.      He said soccer registration is ongoing.


3.       Told the Board the pool is running great.

Mr. Rhodes told Mr. Rowe that the Board would take care of the installation of electronic surveillance at the Park.


4.      Mr. Rowe informed the Board that there had been an incident in which a child entered the pool and hit his head and was bleeding. He said the lifeguards put the child on a backboard and called the ambulance. Mr. Rowe said the child is okay. Mr. Rowe said several parents were very impressed with the actions of the lifeguards. 


The Board reviewed the bid submitted by Dubois & King regarding the relocation of the electrical panel. Mr. Zingale said the Board had previously received a price range of $32,000.00 to $38,000.00 from Stantec and that Dubois & King had bid $27,000.00 with another possible $1,000.00 for wetlands permitting. Mr. Dicton asked if the Town had received two bids. Mr. Zingale said only Dubois & King submitted a bid. He said Stantec had previously submitted their cost amount when asked by the Board.


Mr. Rhodes said technically Stantec did not submit a bid. Mr. Chuck Goodling P.E., from Dubois & King was present and told the Board he could answer any questions from the Board.


Mr. Dicton questioned Mr. Goodling regarding the cost for wetlands permitting. He said because the class of the wetland is not know, the amount of work to be down would vary. Mr. Zingale told the Board that the Town attorney feels the Board needs to get a Flood Plain Permit.


Mr. Dicton moved to accept the proposal from Dubois & King for the electrical panel relocation on the corner of Post Road and U.S. RT 7. Mr. Faignant made a second to the motion. The motion passed unanimously. Mr. Goodling said he hope to get the job done by this fall.



Fire Chief: Joseph Denardo reported:


  1. Informed the Board that the new tanker had arrived and is parked outside in the parking lot. Mr. Denardo said Dingee machine built the truck. Mr. Rhodes asked if there would be designated drivers for the new truck. Mr. Denardo said the department does not have designated drivers. He said he is working on setting up a required driver-training course. He said only those who take the course would be allowed to drive a truck.


  1. Mr. Rhodes cited the fact there is a small retainage with the delivery of the truck. Mr. Denardo said the amount of retainage is about $16,000.00. Mr. Rhodes said that according to Mr. Larry Dingee he was 11 to 12 days late with the delivery of the truck. Mr. Rhodes said the fine was $100.00 a day. Mr. Rhodes said the matter would be address at the tail end of the contract.


  1. Told the Board he needs to replace a port-a-tank at a cost of $1,600.00.


  1. The Chief told the Board that the port-a-tank on Engine # 4 also needs to be replaced. He said the item is included in the specifications for the truck replacement but that he would replace the tank now. Mr. Rhodes instructed the Chef to replace both porta tanks.


  1. The Board and Chief Denardo discussed the bid submittals for Engine # 4. At Mr. Dicton’s request Chief Denardo reviewed each vendor’s bid and the reason(s) why it was rejected. Chief Denardo said the department’s truck committee selected the Dingee Machine. The Chief said he also recommends the Town purchase the truck from Dingee Machine.

    Mr. Hall said the Select Board Fire Committee had not made a selection. Mr. Rhodes said the Town has purchase 5 trucks from Dingee Machine I the past 24 years.

    Mr. Hawley said the Dingee selection is a no brainer since two bids are higher priced and one bid did not meet specs. Mr. Hawley made a motion to accept the Dingee Machine bid for $359,270.00. Mr. Dicton made a second to the motion. The motion passed unanimously.


  1. Informed the Board that the Fire Department participated in the Farrell mud volleyball charity event.


  1. Told the Board a truck would be sent to the Friendly’s restaurant to celebrate their 77th birthday party.


  1. The Chief told the Board the Fire Station Renovation Committee is down to reviewing two designs. He said one would be the incorporation of the existing station with a new apparatus bay on the west side. The Chief said they would like a building about 5,500 square feet in size.

    He said the other design would involve building a new building. The chief said the Committee is leaning toward a new building. He said problems with existing building include; making the building energy efficient and a roof design that works. The Chief said a new building would cost about 10% more. Mr. Denardo said the architect’s favors a flat roof and the Department’s Fire Committee does not.

    Mr. Dicton inquired as to the status of the OMYA land transfer to the Town. Mr. Zingale said the Town lawyer and surveyor are working on the matter.


  1. The Board and the Chief discussed a request from the Mr. Denardo for the Board to adopt a Lock Box ordinance. Mr. Faignant said he had reviewed the proposal and that he supported the proposal. Mr. Faignant moved to adopt the Fire Department Access Ordinance so-called  “Lock Box ordinance”. Mr. Hall made a second to the motion. The motion passed unanimously.

Town Administrator:  Mr. Joseph Zingale reported:


  1. Reported to the Board regarding the replacement of the “Welcome to Rutland Town” sign(s). Mr. Rhodes said he would like to know the price of a sign prior to ordering four signs. Mr. Zingale will get a price for replacing the sign(s) from Green Screen Graphics.


  1. Informed the Board that Mr. Israel Mac said he would grant the Town an access easement in order to get the Town’s 29-acre land locked parcel. Mr. Zingale told the Board Mr. Mac would also be interested in purchasing the land. Mr. Zingale said if the Board chooses to sell the land to Mr. Mac a notice would have to be published in the local paper informing the public of the proposed sale. The notice would have to appear 30 days prior to the sale of the land.

    Mr. Zingale explained that the 29 acre parcel is only assessable from; the Mac property, property owned by individuals from New Jersey and Mr. John Ruggiero. Mr. Rhodes said the Board would inform anyone interested in the land that it is a landlocked parcel.

    Mr. Faignant inquired as to the possibility of putting a solar farm on the land. Mr. Zingale said 2/3 of the land is considered wetlands or hydric soils. Mr. Zingale said such land would not be useable for solar. Mr. Rhodes said the Board needs to place a minimal amount it would be willing to accept for the land.

    Mr. Dicton and Mr. Faignant said the land should be appraised in order to know the fair market value. Mr. Hall made a motion to have the land appraised. Mr. Dicton made a second to the motion. The motion passed unanimously.


  1. Mr. Zingale said on behalf of the Town he would like to give a big thank you to Rutland County Senators; Kevin Mullin, Peg Flory and Bill Carris for getting the Agency of Transportation to give Aldi’s an answer regarding permit issues.


  1. Informed the Board that the Town had received the property map updates from Mr. Dean Russell. Mr. Zingale said the paper maps look very nice. Mr. Zingale told the board that he has placed all parcel data and maps for the entire Town on the Town’s WWW site. Mr. Zingale said now anyone with an internet connection can access the maps and data, which should free up Town officials from having to answer map questions. Ms. Hyjek said she is also happy with the updated maps.


  1. Informed the Board the new computers had been delivered. Mr. Zingale also told the Board he needs to purchase the new Arc View software at a cost of about $1,500.00. Mr. Zingale said he would use the $1,000.00 in the internet budge plus $500.00 from the Highway Department to purchase the software. Mr. Zingale said the current Arc View software would not work with Windows 7.


Mr. Dicton suggested that Mr. Zingale set up a regular computer data back-up system for all of the computers at Town Hall. Mr. Zingale said he would work with Mr. Larry Gold to set up a system.


Mr. Hawley asked Mr. Zingale if he had received all of his data from Mr. Russell. Mr. Zingale said he had not received anything due to the fact Mr. Russell’s computer crashed and he lost the data. Mr. Zingale said he had resent the data to Mr. Russell.


Mr. Rhodes read a letter of interest in the Town 1st Constable position submitted by Mr. Ed Dumas. Mr. Hawley read a letter of interest submitted by Mr. Joshua Terenzini. Mr. Faignant made a motion to appoint Mr. Ed Dumas as 1st Constable. Mr. Hall made a second to the motion. The motion passed unanimously.


The Board reviewed the fuel oil bids. The following bids were submitted:


Mac’s                                  $3.061 laid in cost

Mac’s                                  $3.145 fixed price for 9000 gallons


Johnson Energy                    $3.199 for 9000 gallons fixed price

Johnson Energy       cost plus 30 cents over or $3.249


Getcha Fuels             24 cents over the Rutland / Middlebury which would equate to $3.12  today


Irving Oil                     $3.419 fixed cost for 9000 gallons

                                    $3.00 variable fuel price at $3.311



Mr. Rhodes said the low bid is Mac at $3.145. Mr. Hawley said for 9000 gallons the Johnson bid is $486.00 more than the Johnson bid.


Board members discussed the bids. Mr. Hall made a motion to go with Johnson Energy and follow the practice of previous years. Mr. Hawley made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Faignant abstained from the vote.


The Board discussed the tax rate. Mr. Rhodes said the total tax rate is $1.4273. Mr. Rhodes said the rate is up 2.5 cents because the education rate went up from 87 to 89 cents. Mr. Rhodes said the non-residential tax rate is $1.4902. He said the rate dropped one cent from last year.


Mr. Hyjek said the unspent Highway money would be carried over and that the unspent

Fire and recreation would be used to lower the tax rate. Mr. Rhodes said $31,793.27

leftover in the Fire Fund would be used to reduce taxes.


Mr. Rhodes said $21,001.54 left over in the Recreation budget would also be used to

lower the tax rate. Mr. Rhodes said the Fire Fund would receive $153,324.83 annually

through the Depreciation fund and the Recreation Department would receive

$21,903.00 and the Highway Department will receive $43,807.00.


Ms. Hyjek thanked Town Lister Howard Burgess for requesting the State to adjust the

Town’s Educational tax contribution as a result of the 2009 – 2010 tax appeals. She

said the adjustment amounted to a $700,000.00 saving to taxpayers.


Mr. Faignant moved to approve the homestead tax rate of $1.4273 and the non-

residential rate of $1.4902. Mr. Dicton made a second to the motion. The motion passed



Mr. Rhodes said the Town made $48,582.00 from logging the Mead Lot in West

Rutland. Ms. Hyjek said the Town made a total of $98,630.48 logging both of the

Town’s lots in West Rutland.


Mr. Rhodes reviewed a map showing the Baker property located off the East Proctor

Road. Mr. Rhodes told Board members that the land is adjacent to Dewey Field and is

for sale.


Mr. Rhodes said if the Town were to purchase the property it could be used for parking.

Mr. Rhodes told Board members that vehicles must park on both side of the East

Proctor Road due to the lack of parking at Dewey Field.


Mr. Faignant made a motion to pursue investigating the purchase of the Baker property.

Mr. Hawley made a second to the motion. Mr. Rhodes said he hopes to get the

purchase on the November ballot. The motion passed unanimously.


The Board reviewed packet correspondence.


Mr. Rhodes cited correspondence from the Town attorney, Kevin Brown, regarding Firefighter coverage. According to Mr. Brown a July 1, 2012 change in the law means Firefighters now have the same coverage as regular Town employees.


Mr. Rhodes inquired what the change means regarding coverage for the Women’s Auxiliary. Mr. Faignant said the Women’s Auxiliary members would be covered provided they were engaged in an activity approved by the Chief.


Mr. Dicton said he wants to make sure the Auxiliary is covered. Mr. Hawley said if they are not covered then they should be covered as members in the Department.


Mr. Hall questioned Mr. Zingale regarding the status of the recent dog complaint. Mr. Zingale said he met with the owner of the dog and he explained the need for the owner to keep the dog from barking.


Mr. Hall reported on a recent Public Safety Committee meeting he attended at the Vermont League of Cities and Towns. Mr. Hall said many town officials are frustrated with the fact that local officials and the police do their job but that when cases go to court everything falls apart, at the judge level.


Town Road Commissioner: Mr. Byron Hathaway reported:


Not present


Police Chief:  Ed Dumas reported:


Not present



Planning Commission: William Matteson:


Not Present


Mr. Faignant moved to adjourn the meeting at 8:44 P.M. Mr. Hawley made a second to the motion. The motion passed unanimously.