September 14, 2010





The meeting opened at 6:50 P.M. with the Pledge of Allegiance.


Board members present:  James Callahan, James Hall,  Steve Hawley and Stanley Rhodes III.


Review of 8/31/2010 Minutes


Mr. Hall found a typo on page two and Mr. Hawley motioned to accept the minutes with this change.  Mr. Hall seconded the motion.  All were in approval.


Rutland Town Planning Commission


Mr. Rhodes reported that Mr. Matteson had canceled the last Planning Commission meeting.


Town Clerk and Treasurer - Marie Hyjek


Ms. Hyjek said the BCA tax appeals are scheduled for September 30th at 6:00 P.M.  There are seven appeals and she has sent certified letters out and Linda O'Brien will be taking the minutes.


Ms. Hyjek and Mr. Hall will pick up the ballots and memory cards from the Court from the recount.


The last download from the State for tax bills will be September 15th.


Tax week went smoothly and Ms. Hyjek has not posted interest yet as postmarks are still being honored.


Mr. Rhodes asked what the deadline was for adding the need for upgrading the pool on the ballot.  Ms. Hyjek will check with the Secretary of State.  Currently, the Town is waiting for two estimates on the amount of money needed to fix the pool.  Gary Schultz, a consultant  guesstimated somewhere around $125,000-$150,000.  The Select Board would like to leave some money in the Recreation Depreciation Fund which currently has around $40,000. The ballot item would ask that money from the one percent options tax be used for the resurfacing of the pool with some money taken from the Depreciation Fund.  The pool was built in 1979 and in 1995, $50,000 was spent on renovations.  Mr. Zingale said that the consultant said the pool needs to be maintained differently than it has been.  It needs to stay filled just below the gutters at all times.


The Board decided to have a special meeting to discuss the pool on September 16th at 7:00 P.M.  Mr. Zingale will warn the meeting.


SWAC and Transportation - Charlie Shields


Mr. Shields reported that SWAC will have a meeting next week and the Transportation Council will meet in October.


Farrell Distributing


John McKenna, plant manager for Farrell Distributing, was present to discuss options for access of trucks to Farrell's facility.  He said he is willing to discuss all options but feels that Farrell's has been there longer than the Green Mountain Plaza and that he needs to look out for the best interests of his company. They have hired an attorney for this purpose.  He said he realizes that Farrell's may have to contribute some money to fix the situation.


Mr. Zingale said the State says the Town has to fix the problem.  Act 250 has asked that the Green Mountain Plaza erect a barrier which will block the current access for trucks going to Farrell Distributing.


Mr. McKenna said he had two of his best drivers attempt access via the Holiday Inn but access was only possible when there were no other vehicles around and they still went over the grass.


Access via the back of the Plaza by Staples was discussed but this is private property and they could be asked not to use it at any time.  Access via this route is only possible when there are no other deliveries being made due to a narrow portion of the road.


Mr. Rhodes said that a piece of property needs to be purchased by the Town in order to build a connector road.  Mr. McKenna said that the current plan for the connector road would render a portion of the Farrell property unusable.  He also said that Farrell's drainage goes into this area which could be an issue with Act 250.


Mr. Rhodes also said that they are trying to add this problem to the 4 & 7 Committee.


Mr. McKenna said that about eight to twelve loads come in from the north per week, usually during the daytime hours.  He feels that a right turn off of Route 7 would be the best solution.  Mr. Zingale said that the State is opposed to this due to a high accident rate.  Chief Sly said he would like to see the report on these accidents.




The Act 250 hearing on this issue is currently in recess.  Fred Nicholson advised that Farrell's have exact statistics ready on the number of trucks accessing Farrell's ready for the next session.


Rutland Regional Planning Commission - Fred Nicholson


Mr. Nicholson reported that they are working on the "Challenge for Change" with REDC to develop a write-up on how costs are being cut.  He said he feels that the consultant  did not understand that each entity has its own specialty and some things would be difficult to eliminate.


In regards to the Brownfield Committee, Mr. Nicholson said that the RRPC acts as a cashier.  The RRPC applies for grants and then applicants apply to the RRPC who puts them in touch with engineers.  The engineers are then paid by the RRPC.


Flory's Plaza


Mr. Rhodes reported that Tony Flory has said he is willing to work with the Select Board to expedite fixing the plaza but there are several family members involved.  Mr. Flory is allowing the Select Board and the Town Engineer to tour the facility.


Mr. Nicholson said that nothing the Brownfield Committee is doing would hamper the Florys from doing anything, i.e. demolishing buildings.


Mr. Zingale said that $20,000 has been spent so far to evaluate the property and another $11,000 is to be spent to finish the environmental study which should be done by spring.




Mr. Rhodes reported that Mr. Hathaway is hosting a Chamber mixer at his farm and would not be present this evening.


The extended warranty of the new truck would cost about $2,300 from John C. Stewart's.  Mr. Hall motioned to purchase the extended warranty and Mr. Hawley seconded the motion.  All were in approval. 


Tony Flory will not be plowing this winter but the Board is leaving the door open if he wants to in the future.  Mr. Hawley said someone should be hired to replace Mr. Flory full time and Mr. Hall said an ad should be run in the paper.  Mr. Rhodes added that the Town truck was only to plow the Fire Stations, the Town Office and clear the intersections.


Mr. Hall said he would inform Mr. Hathaway of this decision.



Fire Department


Mr. Hawley said that he would like a meeting with Chief Denardo on the ordinance for lock boxes and that the roof on the hose towers needs to be fixed.  Mr. Rhodes said that money is available to do this.


Police - Chief John Sly


Chief Sly advised the public not to leave their keys or any valuables in their cars, especially in plain view.  There have been a lot of break-ins recently. 


Mr. Hall asked if the police have received any calls concerning the recent  release of a convict.  He said there have been some queries and that someone had reported that there seems to be more people hanging around so the police will be doing more patrolling. He also added that it appears that the conditions for the parolee are being followed.




Charlie Shields said the bushes need to be either trimmed or removed and replaced by something smaller by the Northwood Park sign.  He is to get with the Recreation Committee and come back with a recommendation.


Town Administrator - Joseph Zingale Jr.


Mr. Zingale presented the Board with a letter of support for them to sign in relation to the John Kalish project.  Mr. Kalish is looking for a right in/emergency exit off of Route 7.  The main entrance to the project is via the Holiday Inn.  Mr. Hall motioned for the Board to sign the letter and Mr. Callahan seconded the motion.  All were in approval.


Mr. Zingale has also prepared a draft of a letter to send to delinquent water/sewer users that would commit them to making payments to catch up on their bills. Kevin Brown, the Town attorney, has discussed this with Mr. Zingale.


The Town received a letter from Jim Anderson, who represents the Red Roof Inn, requesting credit from the unfair 5X sewer rate.


Stantec has given a report on what needs to be done to Flory's Plaza and Mr. Rhodes read off the steps to be taken.  The cost of this would be about $4,000.  Mr. Nicholson said that these steps are included in the Brownfield report and the $4,000 may not need to be spent.




CVPS is seeking permission to erect a terminating cabinet in Northwood Park.  Mr. Hawley motioned to allow the cabinet as depicted in the site plan and Mr. Hall seconded the motion.  All were in approval.  Mr. Zingale will contact Jim Grace.


CVPS has applied for an Act 250 amendment for their facility on Post Road to build an extension to their metal building.


Mr. Zingale reported that the manhole on the South end of the Town was repaired by Giancola Construction and hopefully there will no longer be a grease build-up.


Mr. Rhodes asked what was being done on Post Road concerning the sewer hook-up and Mr. Zingale said that a 24-hour notice needs to be given to close the road for this project.  Chief Sly is going to check out the flagger for this project as there seems to have been some confusion for drivers.




The Emily Fund, an organization against domestic violence, has asked for support.  Mr. Hall motioned to add this to the next meeting's agenda.  Mr. Zingale will type up a proclamation form. 


The Board received a letter from the Town Attorney about what they should or shouldn't say about the release of an offender from prison.


The State is going to start mapping Rutland Town in regards to the Otter Creek Discharge and Detention (MS-4) project.  Mr. Hathaway and Mr. Zingale will be working with them.


Mr. Callahan motioned to go into executive session to discuss the litigation with the Red Roof Inn.  Mr. Hawley seconded the motion.  All were in approval.


The Board came out of executive session at 8:35 P.M. and said that no action needs to be taken at this time concerning the Red Roof Inn.


Mr. Hall motioned to end the meeting.  Mr. Callahan seconded the motion.  All were in approval.  The meeting ended at 8:36 P.M.













       Stanley Rhodes III, Chairman





              James Callahan





            James Hall, Clerk





              Steve Hawley





            Josh Terenzini