MINUTES: July 3, 2012


Board members present: Jim Hall, Stanley Rhodes and Joe Dicton

The Meeting opened at 6:45 P.M.

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

Mr. Rhodes said the Board would review the minutes at the next meeting when there is a full Board.


The Board took questions from the floor.


Ms. April Lynn Kelly, representing the Holiday Inn, asked if the Board would be approving the Holiday Inn’s liquor License. Mr. Rhodes cited the fact that Chief Ed Dumas had reviewed the Holiday Inn’s 1st & 2nd class liquor and tobacco application and that all is in order.


Mr. Dicton made a motion to accept the application as requested by the Holiday Inn. Mr. Hall made a second to the motion. The motion passed unanimously.


Town resident Mr. Thomas Terenzini informed the Board he will be running as a Republican write-in candidate for the State House seat being vacated by Representative James McNeil. Mr. Terenzini thanked Mr. McNeil for his years of service to the Town.


Mr. Dicton said he appreciates Mr. Terenzini running for the vacated seat and his interest in the political scene. Mr. Terenzini said he has lived in town for several years and that his children attended the Town Elementary School. Mr. Terenzini thanked the Board for their time.


Transportation Council & SWAC: Charles Shields reported:


  1. Informed the Board that a presentation regarding the Stone Valley Byway was given at his last meeting. He said the video would be distributed to chambers of commerce.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Informed the Board the 2012 Education residential tax rate is 1.2598, which is up 1.2475 from last year. She said the 2012 nun residential tax rate is 1.3227, which is a decrease from 1.3477 from last year. Mr. Rhodes said the base education rate went up to 89 cents.


  1. Told the Board that the fuel oil bid requests and the public notice had been mailed out. Ms. Hyjek said she would have the bids for the Board to open at the next meeting. Mr. Dicton asked how many bid requests were mailed. Ms. Hyjek said she mailed out 10 requests. Ms. Hyjek said she would also place a notice in the newspaper.


  1. Cited the A.M. Peisch engagement letter in the Board’s packet.



Regional Planning Commission Mr. Fred Nicholson reported:


  1. Reported his tenure as Chairman of the Rutland Regional Planning Commission is over. Mr. Nicholson said one of his last official acts was to mediate a meeting of the Act 248 Process recently held at the Rutland City Intermediate School. He said there were 76 individuals in the audience. He said the Rutland Herald reported there were 40 people present.


Mr. Dicton nominated Mr. Nicholson to be the Town’s voting member to the League. Mr. Hall made a second to the meeting. The motion passed unanimously.

Mr. Zingale asked Mr. Nicholson if he had made a decision regarding the tree at the Killington Ave. / Victoria Dr. intersection. Mr. Nicholson said he still needs to discuss the matter with the Town Road Commissioner.


Town Road Commissioner: Mr. Byron Hathaway reported:


1.      Cited the guardrail specifications bid notice he had prepared. Mr. Rhodes said the bids would go to the Board and would be opened at a Board meeting. He told Mr. Hathaway he should change the word “shall” be awarded to “may” be awarded.


Mr. Dicton asked Mr. Hathaway if the summer paving is complete. Mr. Hathaway cited several roads that have yet to be completed. Mr. Dicton also asked the status of roadside mowing. Mr. Hathaway said the first pass is complete.


Police / Constable Report:  Ed Dumas reported:


1.      Mr. Dumas introduced Mr. Ted Washburn to the Board. Mr. Dumas requested that the Board hire Mr. Washburn as a part-time police officer. Mr. Rhodes cited the fact that the Town employs Mr. Dumas for 40 hours per week and the Rutland County Sheriff’s Office is employed at 40 hours per week. 

Mr. Rhodes said there are 26 hours available for a part-time officer. Mr. Rhodes said the Board should make Mr. Dumas Town Police Chief, now that Chief Sly and Captain have retired.

Mr. Rhodes said Mr. Washburn would be a Police Captain. Mr. Rhodes cited the fact the Sheriff’s office is paid $2.78 per hour more than what the Town pays Town Police officers.


Mr. Rhodes said the Board could adjust the Sheriff’s hours in the budget to ensure there is money to pay Mr. Washburn for the hours he will work for the Town. Mr. Dicton made a motion to name Mr. Dumas as the new Chief and Mr. Washburn as Captain. Mr. Hall made a second to the motion.


Mr. Washburn said he is excited about working for Rutland Town. Mr. Washburn told the Board he lives in West Rutland. The motion passed unanimously.


Recreation Director: Mike Rowe reported:


1.      Informed the Board that two of the Major teams are in the semi-finals the following week.

2.      He said junior Babe is off to a good start.

3.      The pool is busy

4.      Adult softball will move to Dewey Field on July 16


Mr. Hall said the grounds look excellent. Mr. Rowe said the two summer maintenance workers are doing an excellent job.


Mr. Rhodes questioned Mr. Rowe regarding the discrepancies between the number of hours worked by pool lifeguards. Mr. Rowe said some individuals work more hours because the individuals are picking up extra hours by working for someone that does not want to work.


Mr. Andrew Foukal, representing Helio Sage, met with the Board and discussed whether the Board will sign an agreement to allow Helio Sage to place solar collectors on the capped landfill. Mr. Foukal said Helio Sage is a solar energy developer.


Mr. Foukal said Helio Sage is proposing to option and lease the capped landfill. He said the option would be for three years and the lease for 25 years. Mr. Foukal said he is also working on a solar project on Seward Road.


Mr. Rhodes asked what is the smallest size parcel Helio Sage would consider. Mr. Foukal said the size would be about 5 to 7 acres of land. Mr. Foukal said it would take a couple thousand solar panels to generate one megawatt of power.


Mr. Dicton asked the following questions;


1)     Would concrete or driven steel pylons support the solar panels?

Mr. Foukal said the solar panels are supported by a non-penetrating ballast system.


2)     Questioned who would maintain the grass on the site. Mr. Foukal said Helio Sage would be responsible.


3)     Questioned the frequency of maintenance. Mr. Foukal said it would be necessary, which would be every one or two months.


Mr. Rhodes said it looks like a major amount of trees would be cut down to do the project. Mr. Foukal said the tree cutting needs to be discussed with the Board. Mr. Rhodes asked Mr. Nicholson if the Act 250 permit prohibits tree cutting.


Mr. Nicholson said the project will require an Act 248 permit but may also be subject to Act 250 because Northwood Park is already under an Act 250 permit.  Mr. Dicton asked how many acres would need to be cut. Mr. Foukal said he could provide the information. He said he thinks it would be between one to two acres.


Mr. Rhodes asked if Helio Sage would keep the pine trees, which would be cut down. Mr. Foukal said the matter would be open to discussion. Mr. Foukal said a treed buffer area could be left and that the entire area would be fenced.


Mr. Dicton asked if the height and type of fence would be open to negotiation. Mr. Foukal said absolutely. Mr. Dicton also inquired if the power connection would be an underground feed with transformers or overhead. Mr. Foukal said he would not know the answer until Green Mountain Power reviews their application and they respond.


Mr. Dicton said if the proposed connection to the Transfer Station is not acceptable then the Town should receive additional compensation for the use of Town land up to the Post Road. Mr. Foukal said Helio Sage would pay for all required utility upgrades.


Mr. Dicton said the Board has to be sure adjacent property values are not impacted by the solar project, before the Board signs an agreement. Mr. Dicton said preliminarily he supports the proposal.  Mr. Rhodes asked Mr. Nicholson if the Act 250 permit requires all power to be underground at Northwood Park. Mr. Nicholson said he would check.


The Board scheduled a site visit for 5:00 P.M. on July 17, 2012 at Northwood Park. Mr. Dicton asked how long construction would take. Mr. Foukal said typically 3 to 5 months.


Town Administrator:  Mr. Joseph Zingale reported:


  1. Informed the Board that only Dubois & King submitted a bid regarding the pump station panel relocation. Mr. Rhodes opened the bid. Dubois and King submitted a bid of  $27,000.00.  The Board took no action.


  1. Informed the Board that only Computer-EZ submitted a bid in response to a request for proposals. Computer-EZ submitted a price of $5,398.00 for four new desktop and two laptop computers. Mr. Hyjek informed the Board that Mr. Larry Gold has requested half the total be paid now and the remaining amount when the computers are delivered. Mr. Dicton made a motion to accept Computer-EZ’s bid for 4 desktop workstations and two notebooks think pads and 8 hours of support & labor for $5,398.00 and to approve half payment up front. Mr. Hall made a second to the motion. The motion passed unanimously


  1. Reminded the Board that there are 99 days remaining for the Board to hold a Public Hearing on the proposed zoning regulations.


  1. Told the Board that the proposed Aldi Food Market construction is being delayed do to permitting issues with the Agency of Transportation. Mr. Zingale said he could contact Senator’s; Kevin Mullin, Peg Flory and Bill Carris and request their help in the matter. Mr. Rhodes said he spoke with Ms. Shirley Barnhart and that she is very frustrated with the delay. The Board instructed Mr. Zingale to contact the County Senators.


  1. Informed the Board that State rail officials are attempting to schedule a meeting regarding the status of the Rutland rail yard relocation. Mr. Zingale said he would keep the Board informed.


  1. Informed the Board that the annual landfill water quality report indicates no significant changes since last year. Board members discussed possible problems
    that could arise if testing indicates a problem and the landfill is under a lease with the solar company.


  1. Told the Board that OMYA has agreed to give the Town of Rutland the old Clarendon & Pittsford rail right-of-way behind the Center Rutland Fire Station. Mr. Zingale said the Town would receive the rail r-o-w running the length of Simons Ave. The Board discussed the matter. Mr. Zingale cited the fact the Town would prepare the deed and a survey. The Board said the survey cost would come fro the Fire department’s Building & Maintenance account. The Board said Mr.Zingale could contact a local surveyor to prepare a survey.


  1. Informed the Board that Attorney Joseph O’Rourke said his client, Mr. Alphonse Coccia, would remove his dilapidated structure on Forest Way but that he needs until August 15, 2012 to get the job done. Mr. Rhodes said it is a step in the right direction and the Board agreed Mr. Coccia has until August 15, 2012 to remove the dilapidated structure.


  1. Cited a painting proposal to paint the Town Hall. The Building Committee will review the proposal and report back to the Board.


  1. Mr.Zingale suggested the Town publically thank OMYA for the proposed land dedication to the Town. Mr. Rhodes said the Board would do something after the deed has been received.


Fire Chief: Joseph Denardo reported:


  1. Submitted a copy of the Rutland County Mutual Aid agreement to the Board


  1. Submitted a copy of a proposed Lock Box Ordinance to the Board for consideration. The Board will consider the proposed ordinance at the next meeting.


  1. Submitted a report regarding the construction of a new pumper/tanker truck. Chief Denardo said the bids were open on June 19, 2012. Mr. Denardo said the Fire Committee discussed the mater on June 26, 2012.

    Mr. Rhodes read from the report submitted by the Chief. The Board and the Chief discussed the various deficiencies with the bids submitted, with the exception of the Dingee Machines bid. According to the report, the Fire Committee recommends the selection of the Dingee machine Company.

    Mr. Rhodes said the Dingee Truck would be $7,000.00 cheaper than the Valley Fire Equipment Truck. The Board will vote on the truck selection at the next meeting.


  1. The Chief informed the Board he is in the process of putting the old tanker up for sale. The Chief said a minimal price should be about $1,500.00


  1. Reported on the status of the new tanker truck, which Dingee Machines is building for the Town. Mr. Denardo said the new truck should be delivered the following week.


  1. Mr. Denardo said Assistant Chief Mike Barron would meet with the fireworks company the next day to choose a location.

    Mr. Hathaway told the Board he had removed three old fire hydrants from US RT 7 South.


The Board reviewed packet correspondence.


Mr. Rhodes said A.M. Peisch has proposed a contract of $12,620.00 to do the annual audit. Mr. Hall made a motion to employ A.M. Peisch to do the annual Town audit at a cost of $12,620.00. Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Rhodes cited a letter from Mr. John Kalish regarding a request for the Board to adopt a Tax Increment Financing Zone in the area of his proposed commercial development. Mr. Kalish will be put on the next agenda.

The Board reviewed a letter submitted by Mr. Gary Wing regarding an alleged nuisance-barking dog owned by the Garrow/Alexander. The Board instructed Mr. Zingale to speak to Garrow/Alexander and to instruct them to prohibit the dog from being a barking nuisance.


The Board instructed Mr. Zingale to get a legal opinion from Attorney Kevin Brown regarding Firefighters insurance coverage.


Planning Commission: William Matteson:


Not Present


Mr. Hall moved to close the meeting at 8:24 P.M. Mr. Dicton made a second to the motion. The motion passed unanimously.