TOWN OF RUTLAND
SELECT
BOARD MEETING
DECEMBER 8, 2009
MINUTES:
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.
(2)
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.
(3)
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.
(4)
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.
Correspondance
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.
(5)