MINUTES: July 5, 2011


Board members present: Stanley Rhodes III, Steven Hawley, Joe Dicton Jr. and James Hall


The Meeting opened at 6:30 P.M. with the pledge of allegiance.


Mr. Larry Dingee, of Dingee Machines, met with the Board regarding the purchase of a new truck form Dingee machines. Mr. Dingee said the proposed contract is similar to the past two contracts the Town has had with his company.


Mr. Rhodes cited the fact the truck would be purchased from revenue in the Fire Department Depreciation Fund and will have 1,500-gallon capacity. Mr. Rhodes said the new truck would cost $161,048.00. Mr. Rhodes read the payment schedule contained in the proposed Dingee contract. Board members and Mr. Dingee discussed the purchase further.


Mr. Dicton asked for clarification regarding town insurance coverage being placed on the new truck while it is being constructed. Mr. Dingee said that by the Town insuring the vehicle it would be covered even when it is being kept outside his building. He said this is a grey area under his policy when a vehicle is outside his building.


Mr. Hall moved to enter into the contract presented by Dingee Machine and authorize Mr. Rhodes to sign for the Board. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Dicton made a motion to approve the minutes of 6-21-11 with corrections. Mr. Hawley made a second to the motion.  The motion passed unanimously.


Mr. Tim Pockette told Board members he did not like the fact he was not personally contacted and told the Select Board had dissolved the Town Recreation Commission and replaced the Commission with a part-time director. Mr. Pockette said he does not have a problem with the Board’s action but that he does have a problem in the manner in which it was done.


Mr. Rhodes told Mr. Pockette that he had contacted Mr. Jode Hall and requested he contact Mr. Pockette and informed him of the Board’s action. Mr. Pockette and Mr. Rhodes discussed the events of the previous meeting, in which the Board voted to dissolve the Recreation Commission after holding an executive session.


Mr. Pockette said he was across the hall when the Board came out of its executive session and he said no one informed him of the Board’s action.  Mr. Pockette and the Board reviewed recent expenditures by the Recreation Commission.


Mr. Pockette informed the Board that the sewer line at Dewey Field has been mechanically snaked and jetted and that there is still a problem. Mr. Pockette told the Board plumber Mr. Jim Manley has recommended that a camera be placed in the line to determine the problem and fix it.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Informed the Board that the State had set the Town’s Education tax rate. Ms. Hyjek said last year the residential rate was $1.2495. She said the new rate is $1.2475. She said last year the non-residential rate was $1.35??  and that this year the rate is $1.3538


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


1.      Told the Board that the Transfer Station attendants keep asking the status of electronic waste collection. Mr. Shields cited the fact he had left information at the Town office explaining what the Town is to collect. Town Administrator Mr. Joseph Zingale Jr. informed Mr. Shields that the Board voted at the previous meeting to stop collecting electronic waste and instead send the item to the Rutland County Solid Waste District on Gleason Road.


  1. Informed the Board regarding demographic information relating to Rutland Town.



Town Road Commissioner: Mr. Byron Hathaway


  1. Told the Board he would finish work next week preparing the Cold River Road for paving.


  1. Informed the Board asphalt grinding is scheduled for the week of the 18th and that paving would begin soon thereafter.


The Board discussed the proposed highway category changes. Mr. Zingale explained that the Board had previously discussed the matter and took no action. Mr. Zingale said there is no difference between categories 6 & 3 and only a slight difference with category 4.


Mr. Rhodes said he believes the requested changes have to do with cost shifting away from the State to the Town. Mr. Zingale said the proposed changes have to do with highway access management. The Board took no action.


Mr. Rhodes questioned Mr. Hathaway regarding a recent pay-rate increase for roadside mower Mr. Fred Nicholson. Mr. Rhodes cited the fact Mr. Nicholson was hired two years ago at a rate of $55.00 per hour and that his rate went to $65.00 per hour in 2010. Mr. Rhodes said Mr. Nicholson’s rate recently increased to $70.00 per hour.


Mr. Rhodes told Mr. Hathaway that the Board generally sets pay rates and that the Board was unaware of the most recent increase for Mr. Nicholson. Mr. Hathaway cautioned Mr. Rhodes that the Town is walking on a very tight line when the Town sets rates. Mr. Hathaway said the Town sets rates for the winter contractors that work for the town.


He said when the Town starts to set rates for contractors, that work for the town, they may no longer be subcontractors and the town could be liable for their actions. Mr. Hathaway said there is a fine line between what is a subcontractor and an employee.


Mr. Rhodes said the Board may need to put the work back out to bid. Mr. Hathaway agreed. Mr. Hathaway told the Board he attempted to get a different contractor to do the second cut but was unable because the contractor is not available.


Mr. Dicton said he had spoken with Mr. Nicholson the previous day and that Mr. Nicholson said his insurance cost rose significantly this year and that his fuel cost also increased.


Mr. Dicton said according to Mr. Nicholson Mr. Hathaway knew in the spring that Mr. Nicholson was seeking a pay increase. Mr. Dicton said had Mr. Hathaway discussed the matter with the Board the recent pay increase would not have been a surprise. The Board discussed the matter further and no action was taken.


Mr. Rhodes questioned Mr. Hathaway regarding the stockpiling of material at Northwood Park. Mr. Rhodes said he is concerned with all of the truck traffic in Northwood Park.


Mr. Hathaway said it was Mr. Rhodes who suggested the Town stockpile material that could be used to finish the unfinished ball field. Mr. Hathaway said he is bringing in material suitable for screening. He said all other waste-material is disposed near the particular work site.


Mr. Hathaway said a new small road connecting the salt shed to the material location would cut down on traffic or he could go back to stockpiling material at the old covered bridge location.


Mr. Dicton said it is a good idea to keep some material on hand and he said he does not think the stockpile is out of control. Mr. Hall questioned Mr. Hathaway regarding his plans for getting rid of all the wood and brush at the Transfer Station.


Mr. Hathaway said the material in question is not from the Highway Department but rather from town residents. The Board and Mr. Hathaway discussed the matter further and it was decided Mr. Zingale would contact the company that ground up the wood material previously and get a price for removal.  Mr. Rhodes and Mr. Hathaway discussed the matter further and no action was taken. 


 Mr. Hathaway told the Board he planned to be on vacation July 6, 7th and 8th.


Town Administrator:  Mr. Joseph Zingale reported:


  1. Informed the Board that the Town’s fall 2010 landfill monitoring report had been submitted to the State of Vermont. Mr. Zingale said there were no changes since the previous testing. Mr. Zingale said no volatile organic compounds were detected.


  1. Told the Board that the Federal Government had rejected the State’s TMDL proposal for Lake Champlain.


Mr. Rhodes asked Mr. Hathaway if he planned to apply for a Hazard Mitigation Grant. Mr. Hathaway said raising the Post Road pump station manhole three feet upward should qualify since it would prevent the station from flooding. He said he does not have any roads that would qualify for funding.


Mr. Hall moved to accept the proposal from Overhead Door as presented for $1,290.00. Mr. Dicton made a second to the motion. The motion passed unanimously. Mr. Rhodes said the expense would come out of the $125,000.00 for pool repairs.


The Board discussed renewing the Town’s $1,325.00 membership to the Rutland Regional Chamber of Commerce. Mr. Hall moved to approve the $1,325.00 chamber dues. Mr. Dicton made a second to the motion. The motion passed unanimously.


The Board discussed purchasing the Marshall & Swift Cost Tables. Mr. Hawley moved to purchase the Marshall & Swift computer Cost Tables for June 2011 to July 2012 for $231.85.  Mr. Dicton made a second to the motion. The motion passed unanimously.


Mr. Rhodes read a thank you letter from scholarship recipient Steven Hamilton.


Mr. Rhodes informed the Board that as Town Health Officer he recently served notice to three properties with unmaintained swimming pools. Mr. Rhodes said two of the three property owners had contacted him and are working to take care of their pools. Mr. Rhodes said he had not received a reply from one of the property owners.


The Board reviewed a junkyard license request from Mac Steel and Equipment. Mr. Dicton moved to approve the Mac Steel and Equipment request to operate a junkyard on the north side of town for a time period of five years. Mr. Hall made a second to the motion, the motion passed unanimously.

Mr. Rhodes briefed the Board regarding on-going Northwood Park pool repairs. Recreation Director, Mr. Mike Rowe, told the Board the recent addition of a water booster tank has made a big improvement in water pressure at the pool facility.


Mr. Rhodes opened Fuel bids submitted to the Board. Mr. Rhodes said Pyrofax Energy bid $3.445 per gallon for 9000 gallons and Johnson Energy bid $3.499 for 9000 gallons. Mr. Rhodes cited the fact there was a 2-cent per gallon difference between Johnson Energy and Pyrofax last year and that the Board decided to buy local and chose Johnson Energy.


Mr. Hawley said the price difference amounts to $50.00 over the contract. Mr. Hawley moved to accept Johnson Energy’s price of $3.499. Mr. Hall made a second to the motion. The motion passed unanimously.


Mr. Rhodes displayed the resolution from the Vermont Legislature regarding the Town’s 250th birthday. Mr. Rhodes said State Representative James McNeil presented him with the plaque at the July 4th celebration. Mr. Rhodes extended a thank you to Irene Hathaway and all the volunteers that put on the event.


Town Recreation Director: Mr. Mike Rowe reported


1.      Season Pass sales are on track


2.      The pool temperature is 82 degrees


3.      Told the Board night swim lesson are a huge success


4.      Told the Board the new pool sign is ready and will be put up son.


5.      Mr. Rowe congratulated Board members for all of the work done at Northwood Park.


6.      Told the Board one of the toys at Dewey Field needs to be fixed or removed.


7.      Told the Board a basketball backboard at Center Rutland needs work.


Mr. Rhodes told Mr. Rowe that he is not to call the highway department ever time he need something done.


Mr. Hall moved to appoint Mike Rowe for $15,000.00 as the part time Director of Recreation operations for the remaining of the fiscal year. Mr. Hawley made a second to the motion.


Mr. Dicton read the following list of duties and responsibilities for the part time Recreation Director:

·        Soccer, basketball, baseball (and all other activities requiring registration)

·        Find coaches to help run programs

·        Hold meeting with coaches each season

·        Order all supplies for sports programs

·        Schedule games, fields and officials

·        Oversee maintenance crews

·        Run Northwood Pool and all that goes with it

·        Running concession stands at Dewey and Northwood

·        Hiring people to run the concession stand

·        Attend Select Board meetings

·        Preparing budgets for Recreation each year

·        Over see Halloween Party

·        Hand out and collection of equipment

·        Organize program of interest for residents

·        Report on mowing, trimming and raking at fields and building maintenance


Mr. Rhodes said the job would run form July 5th 2011 to June 30th 2012 for a total of $15,000.00. Mr. Rowe said the terms as described by Mr. Dicton are fine. Mr. Hawley said the duties outline could evolve some over time. He cited adding activities for senior citizens.


The motion passed unanimously.


The Board discussed whether to continue charging a fee for Peddler’s Permit.


Mr. Hawley moved to close the meeting. Mr. Hall made a second to the motion. The motion passed unanimously.