DECEMBER 8, 2009





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


Board members present:  Joe Dicton, James Hall, Steve Hawley, Stanley Rhodes III and Josh Terenzini.


Review of the 11/24/2009 Minutes


Mr. Hawley motioned to accept the minutes as written.  Mr. Terenzini seconded the motion.  The motion passed unanimously.


Questions from the Floor


Charlie Martin who lives on Elbern Avenue was present to discuss another resident of Elbern Avenue who drives recklessly through the neighborhood.  This person drives over his lawn and he has spoken to him as well as the Town Constables.  Mr. Martin is concerned for his children.  The Select Board agreed that a speed sign will be put up on Elbern Avenue even though Chief Sly says that unless otherwise posted, the Town ordinance specifies that the speed is 35 mph.   Mr. Hall asked if anything could be done based on Mr. Martin’s written statement.  Chief Sly said that since Mr. Martin is not a trained observer, the perpetrator needs to be seen by law enforcement.  Chief Sly said that a video would be acceptable in proving the speed of the driver.  The constables have spoken to other residents on Elbern Avenue and they back up Mr. Martin’s statements.


Gene Piscapo who lives on Prospect Hill Road was present to discuss the speed at which one of the Town constables drives his vehicle.  He cited three incidents where he observed what he thought was unnecessary speed.  The Town constable in question advised Mr. Piscapo that he is unaware as to the reason for his speed, using an example of going to the aid of another officer.  Chief Sly asked that Mr. Piscapo write up a formal complaint for investigation.


New Business


Representatives from the Fire Districts were present to discuss the fact that they were no longer carried under the Town’s insurance policy with VLCT, which causes their premium to increase substantially (except for Fire District #1).  Dave Lewis, chairman of the prudential committee for Fire District #4, was the spokesperson.  Also present were Marie Pennington and Theresa Kulig of Fire District #5.  Mr. Lewis said he also spoke for Fire Districts # 2 and 8.


Mr. Lewis said that the Districts were unaware of the change until they received their latest bill from VLCT.  He asked that the Town reconsider carrying them on the Town’s policy as he felt mailing out bills to the Fire Districts by the Town Treasurer once a year was not undue burden.  The increase to the Fire Districts other than Fire District #1 was a difference of $2.455 vs. $89.  Mr. Rhodes read the letter from VLCT and the minutes from the Select Board meeting in which the decision was made.  Mr. Terenzini said he thought the Town should help out the Fire Districts.  Ms. Hyjek said she is willing to discuss the matter with Mr. Lewis and call VLCT to see if the current policies could be changed.  Mr. Dicton asked that Ms. Hyjek give her recommendations to the Board so that they could reconsider the issue.


Town Clerk/Treasurer – Marie Hyjek


Ms. Hyjek presented the only bid she had for the printing of the Town report to the Board.  It was advertised in the Rutland Herald.  The bid was for $2,997, an increase of $50.00 from last year.  Mr. Hall motioned to accept the bid and Mr. Hawley seconded the motion.  The motion passed unanimously.


Ms. Hyjek asked if the Flory Heights sewer users should be treated the same as other Town users in regards to not paying the City for delinquent accounts. Mr. Zingale informed the Board that years ago, some of the wells in Flory Heights were contaminated and a private contractor put in a sewer line.  The line is part of the infrastructure of Fire District #1.  Mr. Zingale reads the meters and the users are charged a ten percent O&M charge.  He said that it was feasible for the Flory Heights users to form their own Fire District and avoid the O&M costs.  In the meantime, Mr. Rhodes said that they would be treated the same as other users and that if they decided to form their own Fire District they would have the same problem with insurance as the other Fire Districts with insurance.  Mr. Rhodes said that later in the meeting the Board would go into executive session on the contractual issues related to the Town water/sewer users.


(SWAC) (Solid Waste Alliance Communities) – Charlie Shields


Mr. Shields said the Town newsletter will publish a reminder about the hazardous waste collections twice a year. Mr. Zingale informed Mr. Shields that he had checked with the Hubbard Brothers and having a container for mixed paper would not produce any profit for the Town as it is costly to sort.  Mr. Shields said that other towns have received a profit and Mr. Zingale said that in some of these cases, the cost is subsidized by taxes. Mr. Terenzini said he would look into this and report back to the Board and Mr. Shields.


Rutland Regional Transportation Council – Charlie Shields


No meeting, no report.


Rutland Regional Planning Commission – Fred Nicholson


Mr. Nicholson reported that the financial committee of the RRPC met this evening.  Steve Shields will be giving a presentation in January and the Rutland Town Planning Commission and the Board are invited to attend.



Christmas Greeting


Mr. Terenzini reminded the Board that they were going to tape their Christmas greeting after the meeting this evening.  He also asked if the Planning Commission, who taped theirs on December 3rd,  was going to be paid for their short appearance.  Mr. Rhodes advised Mr. Terenzini to talk to Bill Matteson concerning the issue.


Highway – Byron Hathaway


Mr. Hathaway advised that the new scale was used for the first winter storm.  It is working well.  There were a couple of issues with the last storm.  One of the subcontractors was unavailable due to surgery and another did not have his truck ready.  He advised that all is in order for the next storm.  Mr. Dicton asked if all had turned in insurance paperwork.  Ms. Hyjek said that only two had been received in the office.  Mr. Hathaway said he would follow up again.


Mr. Hathaway gave the Board a copy of his budget for review.


Mr. Hathaway locked the back gate at Northwood.  He said he does plow the parking lot for people who continue to use the facility in the winter.


Fire Department – Joe Denardo


Chief Denardo gave the Board an application for a new member to the Fire Department.  Dillon Flood was sponsored by Captain Barron.  Mr. Dicton motioned to accept the new member and Mr. Terenzini seconded the motion. All were in approval.  Chief Denardo said that Mr. Flood would be on probation for six months.


Chief Denardo asked that “No Passing” signs be posted on North Grove Street.  Chief Sly said that he would order the signs.


Mr. Rhodes asked about Fire Engine #3 having its rolling doors replaced.  Chief Denardo said this would probably happen in January and that equipment from the truck would be dispersed to other trucks while Engine #3 is out of commission.


Police Department – Chief Sly


Chief Sly cautioned drivers to be careful on slippery winter roads and advised more distance be maintained between vehicles.  He also reported that the burglary at the Hendy Brothers is being investigated.


Captain Faignant said that here has been an increase in thefts and burglaries and asked that if anyone sees anything suspicious to please contact the Town constables.


Chief Sly added that people should not post their vacation plans on the internet.


Mr. Terenzini thanked the police department for their diligence.



Recreation – Jim Hall


Mr. Hall reported that the Recreation Commission had a meeting on the budget. Mike Rowe had a quote on the price of resurfacing the pool.  Mr. Rhodes said that specific information on repairs to the pool including structural damage is needed for the March ballot.


Town Administrator – Joseph Zingale Jr.


Mr. Zingale reported that the Flood Plain Committee, comprised of Jim Hall, Blair Enman and himself, were waiting for information from Chris Wilk.


On December 10th  at 11:30 A.M., there will be a Red Ribbon Tree ceremony at the mall and the Board is invited to attend.


Water and sewer disconnect notices have been sent to delinquent users over $15.  They have until December 18th to contact the Town for a payment plan or their services will be discontinued.


Mr. Zingale presented his comments in writing on the US Route 7 corridor study for the Board’s review.


Mr. Zingale prepared a letter in opposition to the plan to connect Park Street in Rutland to Randbury Road as part of the rail yard relocation project.  He stated that this would cause too much added traffic and that development would be hampered by Act 250’s opposition to this level of traffic.  Mr. Hawley motioned to sign this letter and send it to the State of Vermont and Mr. Terenzini seconded the motion.  The motion passed unanimously.


Mr. Zingale said he is still looking for volunteers for the weatherization project of Town homes.


The Board was sent a statement of support to sign for National Guard and Reserve members.  Mr. Hall motioned to adopt the resolution from the Defense Department to support the Guards and Reserves for reemployment and Mr. Hawley seconded the motion.  The motion passed unanimously and Mr. Rhodes signed the document for the Board.


Neighborhood Works would like a letter of support to apply for a five million dollar grant for retro fits and ramp ups for energy efficiency.


Mr. Zingale submitted a proposal for weatherization of the Town Hall as a prerequisite to an application for a grant with a ten percent match from the Town.  The specific amount needed will be submitted at a later date after an energy audit.  Mr. Nicholson said the Rutland Regional Planning Commission will pay for an enegy audit.


The Town treasurer has billed the Clarendon Airport Part users for water and sewer for unpaid fees since 2005.  Mr. Zingale has been receiving phone calls from the businesses.


Mr. Zingale said he continues to update the Town’s website and would like information from anyone who would like something posted.


On 12/17/2009 from 10:00 a.M. to 12:00 P.M., there will be a meeting in Winooski on storm water permitting and new regulations.  The Town and City of Rutland and St. Albans have been selected to implement these new regulations.  Any board member interested in going can contact Mr. Zingale.




Board received an updated invoice for logging on the Mead tract in West Rutland.


The Wright Appraisal company has suggested a change to their original contract in that they will receive their last ten percent of the contract amount by 12/11/09 in exchange for their appearance at the rest of the BCA meetings pro bono.  The ten percent left is $15,244.  Mr. Hawley motioned to pay the last ten percent as an amendment to the original contract in exchange for the Wrights appearance at the BCA hearings and Mr. Hall seconded the motion.  All were in approval.  Ms. Hyjek will write a check for this amount.  It was mentioned that there will be additional Town attorney fees for any griever going to the State level with their appeal.


Knight Kitchens sent a letter asking for an explanation of their recent water/sewer bill for their unpaid balance from 2005.


Mr. Zingale said that there are two delinquencies in the Town of Clarendon over which he has no municipal jurisdiction .  He is working with the Clarendon Administrator on these.


Russ Schoengarth sent a letter requesting that a $20,000 line item be put on the March ballot to fund half of the cost of school educational trips like those to Washington D.C.  Mr. Dicton recused himself from any voting since he has a daughter in the seventh grade.  The Board felt this was an issue for the School Board, not the Select Board.  Mr. Terenzini added that anyone can get a petition signed and get something legal added to the ballot.


Mr. Hall said that he had someone look at repairing the chimney on the Town Hall but the scope of the work was too much for this contractor.  He advised that more quotes be solicited.  Mr. Zingale will see that signs are put up so that no one will park where there is the possibility of falling brick.


Mr. Terenzini requested an executive session on water/sewer contracts.  Mr. Dicton motioned for a brief adjournment prior to this session at 8:25 P.M.  At 8:30 P.M. the Board returned from break and Mr. Terenzini motioned to go into executive session with Mr. Zingale on the water/sewer contracts.  Mr. Hawley seconded the motion.  The motion passed unamimously.  At 8:45 P.M., the Board came out of executive session.  Mr. Hawley motioned to end the meeting.  Mr. Terenzini seconded the motion.  The motion passed unanimously.  The meeting ended at 8:48 P.M.