AUGUST 4, 2009





The meeting opened at 7:00 P.M. with the Pledge of Allegiance.


Board members present:  Richard DelBianco, Joseph Dicton, James Hall, Stanley Rhodes III and Josh Terenzini.


Review of the 7/21/2009 Minutes


Mr. Hall had a correction on Page 5.  A change was made from Wilk Paving to Chris Wilk only.  Mr. Hall motioned to accept the minutes with this change and Mr. Terenzini seconded the motion.  The motion passed unanimously.


Questions from the Floor


There were none.




Mr. Rhodes asked if the Board should advertise the opening for a recreation director.  Mr. Terenzini suggested putting an ad in the paper until Mr. Rick DelBianco hands in his resignation.


Solid Waste Alternative Communities (SWAC)– Charlie Shields

No meeting; no report.


Rutland Regional Transportation Council – Charlie Shields


No meeting; no report.


Rutland Regional Planning Commission – Fred Nicholson


No meeting; no report.


Highway – Byron Hathaway


Mr. Hathaway reported that his department is working on the shoulders of the roads that were paved and also smoothing the driveways to the road level.

Mr. Nicholson is doing a second mowing.  Mr. Hathaway said that if needed a third mowing may be done.


Mr. Dicton said that he felt the Highway Department was doing a good job and Mr. Hall said he has had several positive comments on the paving.


Rutland Town Planning Commission – Bill Matteson


The hearing scheduled for this evening on the Zoning document had to be canceled due to lack of proper warning.  Mr. Matteson said that since the deadline of August 7th does not allow for proper warning of another hearing then the document is considered disapproved.  August 7th marks one year since the Planning Commission gave the document to the Select Board and by law, lack of action means disapproval. Mr. Matteson handed the Board the Planning Commission’s response to the changes suggested by the Select Board.


Mr. Zingale said that the public can circulate a petition to obtain five percent of the registered voters to put the zoning document to a town-wide vote.  This has to happen within sixty days.


There was some discussion as to whether the document to be voted on would be the original one from the Planning Commission or the version that includes the Select Board changes.  It was decided to check with Kevin Brown, the Town Attorney.


Mr. Matteson said that Dick Lloyd has resigned from the Planning Commission creating an opening.  There is still a letter of interest from Andrew McKane on file and Mr. Matteson said that he is still interested in the position.  Mr. Dicton motioned to accept Andrew McKane’s request to join the Rutland Town Planning Commission.  Mr. Hall seconded the motion.  The motion passed unanimously.


Rutland Town Police Department –  Chief John Sly


No report.


Rutland Town Clerk/Treasurer – Marie Hyjek


Ms. Hyjek reported that her office has received several phone calls from taxpayers wondering when the tax bills will be mailed.  She stated she would like to put an ad in the paper to explain that the bills will be late and the first payment will be due one month from the mailing.  Mr. DelBianco motioned to put an ad in the Rutland Herald to explain to the taxpayers that the bills will be mailed late due to the reassessment and that the first payment will be due one month from the mailing.  Mr. Terenzini seconded the motion.  No vote was taken.



Mr. Dicton asked what happens after the first grievance hearing.  Ms. Hyjek said that the taxpayer has fourteen days to appeal to the BCA (Board of Civil Authority) once they receive a letter from the Listers concerning their first grievance, i.e., whether or not their appraisal is being changed.  Then hearings are held by the BCA.  Linda O’Brien is the stenographer who takes the minutes of the hearings and she is out of town until the second week of September.  However, the tax bills will go out and the people who have BCA hearings and have their assessment changed will be given rebates.  Ms. Hyjek said she has a handbook on the tax appeal process if anyone would like to look it over.


Ms. Hyjek said that paperwork has been sent to the State for traffic ticket refunds.  It is unknown at this time if the Town will receive any money.


Mr. Zingale said he has checked with Casella Waste Management and the Town did receive a refund from the recyclables. 


A.M. Peisch is going to charge $14,500 to do the Town audit which does not include the school.  Ms. Hyjek said that $25,000 was in the budget for professional services.


Mr. Rhodes asked if the Town should get another bid for the audit.  Mr. Dicton said that he knows someone who does non-profit audits and he will check with him.  Ms. Hyjek said she would hold off scheduling A.M. Peisch until she hears back from Mr. Dicton.


The Board needed to sign an agreement with the State for the Listers to use the Marshall Swift Cost Tables.  Mr. Burgess has already said he would like to use them.  Mr. Hall motioned to sign the agreement and Mr. Dicton seconded the motion.  The motion passed unanimously. 


Town Administrator – Joseph Zingale, Jr.


Mr. Zingale reminded the Board that repairs were needed at the transfer station.  Mr. Dicton spoke to a local welding company and they said that the Town may not be in compliance as to the height of the rails. The cost to repair them is $6,000 unless more work needs to be done to bring the Town into compliance.  Then the cost would be $8.000.  Currently there is not enough money in the budget to pay for this work.  It was suggested that the Town use the $2,000 in the budget for painting, etc and to solicit bids for this work.  Mr. Dicton will come up with a short list of repairs that need to be done.


Mr. Zingale said the Town needs to schedule a meeting with the City and the businesses at the Airport Park concerning past and future payments for sewer.   He said there are six years of collections that were not paid and a new procedure needs to be adopted that will work.


Mr. Zingale stated that the Board can schedule a hearing anytime for the Rutland Town Plan.  He said this just has to be on the agenda, not warned.  There needs to be at least two hearings


Jerry Stearns told Mr. Zingale that he does not have the time to chair the Energy Committee, but he would still like to be on the Committee.  Mr. Rhodes asked if Mr. Zingale could be the contact person for the Town and Mr. Zingale said that he could.  Mr. Rhodes said that he Board would like to think about this.


Mr. Zingale talked about the take back of waste water allocations.  He has done a study that shows most businesses are not using nearly what has been allocated to them.  The take back would allow more new businesses to have allocations.  He would like to send letters to those businesses who he feels could have a lower allocation.  The Board said they would like to see a prototype of the letter first and Mr. Zingale said he would provide one as well as a spreadsheet showing the allocations and changes.  Mr. Terenzini suggested waiting two weeks for the Board to look over this material before deciding to send the letters.


Mr. Zingale said he would like to hire Peter Andrews, an engineer from Stantec, to assist him with Chris Wilk’s flood hazard application.  Mr. Dicton asked about the flood plain program with the Federal government.  Mr. Zingale explained that the Town entered an agreement to be part of the Federal program back in 1978.  The State acts as a go-between and helps in an informational capacity.  The Town administers the rules. The people who own property in a flood plain could not get insurance without the Town being part of the Federal program.


After a brief discussion, Mr. Terenzini motioned to allow Mr. Zingale to have a $500 budget to hire Peter Andrews to review the Wilk flood hazard application.  Mr. Hall seconded the motion.  Four voted in favor of the motion and Mr. DelBianco did not vote as he felt more discussion was warranted.


The Town has received an application from Fairpoint Communications to replace some wires and poles in the area of Post Road from the corner to Northwood Park.  If the Town agrees, the application needs to be signed by the Board.  Mr. Dicton said that there were some poles leaning in that area.  Mr. Dicton made the motion to sign the application so Fairpoint Communications could do their repairs in the Town’s right of way.  Mr. Terenzini seconded motion.  The motion passed unanimously.


Mr. Zingale reported that there is new life in the Town’s water project and said that he would update the Board as needed.


Mr. Zingale has advertised for bids for solid waste disposal at the transfer station.  Currently, Hubbards and Casella are the only ones in contention since haulers farther away cannot compete due to the distance.  Earthwaste Systems has submitted an unsolicited proposal for the metal pile.  The Hubbards have previously taken care of it but kept the money for the metal in return.  Earthway Systems will give sixty percent to the Town from the sale of the metal.  Casella Waste Management is not interested in the job.



The Green Mountain Plaza would like to make some changes regarding traffic flow such as making Cop John Drive a one way street and installing a barrier.  They wrote a letter that Kevin Brown did not like and the letter was rewritten to the agreement of both lawyers.  Mr. Hall motioned to have Chairman Stan Rhodes sign the letter for the Board and Mr. Dicton seconded the motion.  The motion passed unanimously.


Mr. Rhodes asked why there were private security officers at the Green Mountain Plaza.  Mr. Zingale said that they had received complaints from customers. Mr. Zingale said he felt that they made the correct decision to hire the Security officers.




The Board received a mailing from The Bus asking for a signature in support of adding another bus for the south end of town. The letter refers to traffic congestion as the reason buses are currently not making their stops on time.  Mr. Rhodes said he would like a letter more favorable to the Town.  Chief Sly said that he feels the congestion is happening at intersections in the City such as Park Street. Strongs Avenue and Curtis Avenue.  Mr. Hall suggested Mr. Zingale work with The Bus to rework the letter.  Mr. Dicton said he would like to say he is pleased to support The Bus as they help the Town.


A letter was received from VLCT concerning encouraging a healthier lifestyle for employees.


A report was received from Stantec on monitoring wells near the old dump.


The Board received an update from the Brownfield Committee and Mr. Rhodes said he was particularly interested in the Flory property on Business Route 4.  REDC would like to redevelop the property and have talked to the Florys.  The project is currently on hold due to issues with the estate.


Mr. Rhodes asked if the property would have to go through Act 250 again and Mr. Zingale said that the property is grandfathered in many respects.  Several types of businesses have previously been there.  Part of the land is in a flood plain but not the structures.  The District Coordinator will decide what is appropriate.


The seventh grade class at the Rutland Town School is looking to do fundraising for their Washington D.C. trip.  They are looking to lower the cost for everyone.  They asked to sell Euro tickets at the pool and the Recreation Committee said they could not.   After a brief discussion, Mr. Terenzini motioned to allow the selling of tickets just outside of the Northwood complex.  Mr. Hall seconded the motion.  The motion passed unanimously.  Mr. Zingale said he would let Mr. Schoengarth at the school know.




The issue of having Chris Wilk attend a Select Board hearing came up and Mr. Zingale said it may not be necessary now that he has submitted an application.


The Board received a solicitation letter from the Vermont Energy Investment Corporation.


Mr. Hall asked about the possibility of having Mr. McCauley and someone from the Chamber of Commerce come to a meeting in September as suggested the last time they attended a meeting.


Mr. Hall also said that they needed to schedule a hearing on the Rutland Town Plan.  Mr. Rhodes said not yet.


Mr. Terenzini motioned to close the meeting.  Mr. DelBianco seconded the motion. The motion passed unanimously.  The meeting ended at 8:23 P.M.