RUTLAND TOWN
SELECT BOARD MEETING
MARCH 16, 2010
MINUTES:
The meeting started at 6:50 P.M. with the Pledge of Allegiance.
Members present were: Joseph Dicton, James Hall, Steven Hawley, Stanley
Rhodes Ill and Josh Terenzini.
Election of Officers
Mr. Zingale ran this part of the meeting and asked for nominations for
Select Board Chairman. Mr. Hall nominated Stan Rhodes Ill. Mr. Hawley seconded
the motion. The motion passed unanimously.
Mr. Rhodes asked for nominations for Select Board Clerk. Mr. Hawley
nominated Jim Hall and all were in approval.
Review of the 3/2/2010 Minutes
Mr. Hall said he thought there should be a mention that the meeting was
held at the Rutland Town School. Mr. Terenzini said that there was a typo under
the Fire Department section with a repeat of “just had”. Mr. Rhodes said that
it should be added that the meeting started with the Pledge of Allegiance. Mr.
Hall motioned to accept the minutes with these changes and Mr. Terenzini
seconded the motion. All were in approval with the exception of Mr. Hawley who
abstained due to his absence at the last meeting.
Questions from the Floor
A resident was present to ask what was happening with the sale of the
Town’s property on Route 7 North. Mr. Rhodes said that the Town was not selling
the property on the north end of this resident’s property. Mr. Dicton said the
matter was tabled until fall and must go before the voters on the ballot. Mr.
Zingale said he was not sure that it had to go before the voters. Mr. Rhodes
said that the majority of the Board was not in favor of the sale.
Mr. Moulton, a Town resident, was present to discuss his desire to split
his parcels into three properties and have a tax bill for each one. Ms. Hyjek
said that the Lister, Howard Burgess, is willing to break them down. Ms. Hyjek
said that the tax bills reflect what is on the Grand List. Mr. Moulton asked if
Ms. Hyjek would accept partial payments and she replied that this has never been
done. She advised Mr. Moulton that one of his properties was paid for the whole year. Mr. Zingale added
that the law has changed and the Vermont Legislature said that unsold lots must be
considered one parcel and be on one bill.
Mr. Shields asked for an overview of the plans for the Vermont National
Guard and the Army Reserves purchasing land off of Post Road. Mr. Shields was
told that the Town would not receive any taxes from this property. The Thomas
family would have to go through Act 250 but not the Guards or the Army. Mr.
Zingale said that there will be a sketch plan hearing at the next Planning
Commission meeting if Mr. Shields would like to attend. Mr. Hawley voiced a
concern about extra traffic on Post Road. Chief Sly said that governmental
vehicles cannot be excluded but he did add that the military wants to access main
roads as soon as possible and there have been no issues in Rutland City with
them using secondary roads.
Mr. Hall said that he had spoken to Bill Matteson, the chairman of the
Rutland Town Planning Commission, and both the Army and Guards have agreed to use
Route 7 for their vehicles. Mr. Dicton wanted to know if any Act 250
stipulations put on the Thomas family could be transferred the Army and the
Guards. Mr. Zingale said that this would only be a hope since there is no
zoning in Rutland Town.
NEW BUSINESS
A representative from the men’s softball league was present to discuss
the use of Northwood Park and Dewey Field for their games as they did last
year. He presented a contract to the Board. It was agreed that the use of
Northwood would be up to the School Board. Last year the league paid $1,500 up
front to the Town and another $1,500 in July for use of the fields. Chief Sly
said there was on incident at the school field with alcohol. It was explained
that this did not happen with the league but at the Currier Tournament. Mr.
Zingale said he had received a letter from Kern Valente that she came home to
find someone urinating on her lawn. This was deemed to also be from the Currier
Tournament. The representative from the men’s league said that there is a
porta-potty available and all were to use it. Mr. Dicton said that the league
needs to ensure more control in these matters. Jody Hall, Chairman of the
Recreation Commission, said he would like help from the league rebuilding the
mound after the league uses the field. Mr. Terenzini motioned to have Mr.
Rhodes sign the contract. Mr. Hall seconded the motion. All were in approval.
(The Board took a five minute recess.)
Town Clerk/Treasurer - Marie Hyjek
The Center Rutland Post Office is closing at the end of March. The mail
will be delivered to the
West Rutland Post Office with the same mailing address including the
post office box number.
Ms. Hyjek said that she thought the extended hours at the West Rutland
Post Office would be
beneficial to the Town.
Johnson’s Energy sent recommendations for the alternate boiler. Mr.
Rhodes said he would like to get prices from other private contractors before
making any decisions.
Ms. Hyjek received a letter from the City concerning traffic ticket
revenue. Mr. Rhodes said to have Chief Sly review the document.
Ms. Hyjek said that she wanted to thank all who worked at the last
election. It went very smoothly. She added that there is a new law that states
that those who work at the polls are tax exempt up to $1,499.
Ms. Hyjek reminded the public that dogs should be registered by April 1.
This year the State is taking $4.00 from the fee as opposed to $3.00 last year.
Ms. Hyjek reported that the billing system and ledger for sewer bills
need to be changed in light of the decision not to front money for Town
customers. She is working with Pat Riordan and Fire District #1 to come up with
a new system.
Grant money for the City’s Recreation Department, $11,000, was mailed to
the Town in error and Ms. Hyjek is cutting a check for the City.
A letter was received from OMYA stating that a check sent to the Town in
2004 for recreation was never received and they will be sending one to replace
it for $250.
Ms. Hyjek filed another claim with VLCT for damage the wind caused near the
emergency generator. The first claim was for the roof. Mr. Dicton said he would
like to see corrective action taken when fixing the problem this time. He said
he would talk to Chief Denardo.
Ms. Hyjek gave the Board four liquor/tobacco licenses to sign for Green
Mountain Boys, Johnny Boys Pancake House, Ponderosa and the Mobil Mart. She
said there was a new violation for another business she will pass on to the
Board.
McKinley Bridge
Mr. Hall said there was a meeting last Friday on the McKinley Bridge
job. He said there were a few requirements that the Town is not used to since
this involves stimulus money. The Town has to open a special account with the
bank. Ms. Hyjek said she will check this out with TD Banknorth. All
requisitions have to go through Mr. Zingale and he will forward them to the
State for payment. According to Mr. Hathaway, the Road Commissioner, it is
uncertain
until all the bids are in when the project will finish. There is a
maximum three-year window to be audited.
Highway - Byron Hathaway
Mr. Hathaway said that the school wanted to use the Recreation
department’s backhoe but he was told to get more information before allowing
this to avoid damage to it.
The bids for the McKinley Bridge project will be opened 3/26/2010.
Mr. Hathaway said that he noticed Neighborhood Watch signs that are
fading and barely legible. The Board suggested that he remove any old signs
that are not readable.
Mr. Hathaway said he would have information in the next Select Board
packets regarding the bids for paving.
Currently, his department is picking up trash beside the road and
repairing damaged lawns from winter plowing.
The ‘Welcome to Rutland Town” sign on Route 7N needs to have the “0”
replaced.
Mr. Hall asked about the sweeper and Mr. Hathaway said it is currently
in the salt shed and he will be bidding it out for sale.
The plaque and speed limit sign on the McKinley Bridge are being saved
for the time being. Mr. Rhodes asked about the status of the Town truck. Mr.
Hathaway reported that it had been acting up but he took it to John C.
Stewart’s and had it repaired.
SWAC - Charlie Shields
Mr. Shields said that the next Hazardous Waste Day at the transfer
station will be on May 22, 2010. He has asked that Mr. Dicton and Mr. Terenzini
provide signs to advertise this day. Mr. Shields also will have it put in the
Circle, the Town newsletter.
Rutland Town Planning
Commission - Bill
Matteson
Mr. Matteson thanked the Board for putting the zoning question on the
ballot. He said the Planning Commission would like to set up a dialogue with
the Select Board to discuss the next step.
The Planning Commission will be reviewing a three-lot subdivision sketch
plan from the Thomas family regarding the National Guard and the Army Reserves.
There may be a forth lot for the road. He said the Guards and the Army Reserves
have agreed not to drive heavy vehicles towards the Post Road Ext. end of Post
Road, only down to Route 7. Mr. Matteson has asked that the road they are
building adhere to certain specifications and he suggested they talk to the
Select Board on upgrades to Post Road and Route 7. Mr. Matteson is asking for
input from people before the final subdivision hearing in a couple of months.
Mr. Rhodes asked about a retention pond for storm water and Mr. Matteson
said there would be one. Mr. Zingale said that the water needs to leave the
area as it did previously. Hathaway would like to put conditions on the permit,
i.e. use Post Road to Route 7 only along with a few other stipulations. Mr.
Matteson said that conditions must be reasonable and able to be enforced. Chief
Sly suggested a left turn only sign on the end of the new road.
Mr. Matteson said that Mark Blucher, from the Rutland Regional Planning
Commission, attended the last Planning meeting and gave Part 1 of a
presentation on the history of planning and where the authority comes from for
the Planning Commissions. He will give Part 2 at the next meeting.
Mr. Rhodes asked about the three-lot Hubbard subdivision. Mr. Matteson
said it was originally a four-lot subdivision but now the lots are going to be
larger. He suggested that Mr. Hathaway come with the Commission on the site
visit.
Fire Department - Chief Joe Denardo
Chief Denardo gave the Board an application from David Ricard Jr. who
would like to join the Fire Department. He said that Mr. Ricard has previously
been on the Fire Department and the Department voted to have him join again.
Mr. Dicton motioned to accept the application. Mr. Hall seconded the motion.
All were in approval.
Chief Denardo said the City has applied for a grant to help with Fire
Department staffing and they are doing away with the ordinance that prevents
City Fire Fighters from joining the Rutland Town Fire Department.
The Fire Department is going to park one fire truck at CVPS during the
McKinley Bridge project. He said they are working on logistics on what route to
take to fires and who will drive the truck. Mr. Dicton asked if Chief Denardo
has talked to the City about using their streets for the interim. Chief Denardo
said that he had informally. Chief Sly suggested having the City DPW post signs
at the Field Avenue intersection warning that this is a fire apparatus
intersection. The Town would supply the signs.
Police Department - Chief Sly
Chief Sly reported that there have been several animal complaints
including one on Hitzel Terrace and one on Prior Drive. Both owners have agreed
to follow the Town ordinance. If anyone needs to see the animal ordinance they
can see the Town Clerk.
The music group MOE will be giving a concert at the Spartan Arena on
3/26 and 4/7. Ms. Hyjek
said she will need an approved catering license from the State as they denied
that last one saying the Arena did not have a public gathering permit. Mr.
Zingale said a public assembly permit is only needed for outside activities,
and a State permit is needed for ticket sales over 2,500. Ms. Hyjek is to
contact the State on the catering license. The Pickle Barrel is serving alcohol
at the event.
Chief Sly said that the State Police, the Rutland Town Police
Department, the Rutland City Police and the Sheriffs Department will be
overseeing the event. About 2000 attendees are expected. Residents on Windcrest
Road will be notified of the event through Castleton State staff who will also
help in parking vehicles. Traffic flow can be a problem so Officer Dumas and
Chief Sly will be supervising this as well. He also asked if the Fire
Department could provide lighting in the back of the mall for pedestrians.
Chief Denardo said he could via tower lights but he thought the City had better
equipment. Chief Sly will check with the City.
Recreation - Jody Hall
Mr. Hall said he followed up on the tennis court nets. He said they are
supposed to break away during windstorms to avoid tearing the eyelets. Next
year they will be taken down before the winter.
All three gates to the tennis courts will not open. Someone will have to
take a look at it. Depending on the cost, it may go out for bids, but it was
decided to wait until all the end of frost.
The gate is shut at Dewey Field and Mr. Hall said he would like a key so
he can lock and unlock the gate.
Mr. Hall had a question from a tourist as to the availability of bike
paths. It was suggested that they check with the Chamber of Commerce.
The batting cage at Northwood has been bent by the wind. Mr. Hall will
file an insurance claim.
Ms. Hyjek asked about a piece of wood hanging from one of the light
poles that was noticed by
a pedestrian who thought it might be dangerous.
Mr. Hall would like to have a Recreation Committee meeting at the Town
Hall on 3/23. Mr.
Rhodes asked if he could wait until after 3/30 to schedule the meeting
due to conflicts.
Town Administrator - Joseph Zingale Jr.
Mr. Zingale discussed a draft permit for MS4 (small separate storm water
permits). Mr. Zingale, Mr. Hall and Mr. Rhodes attended a meeting on this
subject which appears could cause extra work and money for the municipalities.
Mr. Zingale suggested getting advice from Stantec and was given permission to
do so. There will be a meeting with Stantec, Mr. Zingale, Byron Hathaway and
two of the Board members at a later date. Mr. Zingale also said that the City
has written a draft on how to handle the new procedures and that the Town may
want to use this as a guide. There is a five-year window to comply, which gives
the towns some time to absorb, discuss and plan.
The Board has scoring sheets to make out concerning the engineers who
applied for the McKinley Bridge project. The dollar bids will not be the first
criteria to be looked at in the decision process. Bids will be opened on
3/26/201 0.
Mr. Zingale reported that the new map company, Information Visualization
Services, would like Russell Graphics to complete the digital project they have
been working on at a cost of $3,600 ($2.00 per parcel). Mr. Zingale said that
for $500 more paid to the new company, several types of maps could be added to
the Town’s website, such as fire hydrants, subdivisions and storm water basins.
There was a traffic complaint from a resident on Cold River Road who has
had an accident there. She said that there is too much traffic. Chief Sly is to
check out the complaint.
The State intends to extend the “No Passing Zone” on Route 7N to the
intersection with Pinnacle Ridge Road.
Mr. Zingale said that there is grant money in the amount of $15,000
available to towns or $25,000 available if it is a combined project with more
than one town. He said there is a lot of competition for the money and
suggested a possible project could be the impaired waterway from Rutland City
to the Town, which is Moon Brook.
The Board voted on a wastewater allocation for the Ted Hubbard Jr.
three-lot subdivision. Mr. Zingale said that all was in order. Mr. Terenzini
motioned to approve the allocation and Mr. Hall seconded the motion. The motion
passed unanimously.
Mr. Zingale reported on an animal complaint on Cold River Road for geese
walking in the road as a hazard to motorist. He said that there is no law that
prohibits the geese from walking in the road unless they end up on someone else’s
property. The geese belong to the Hubbard Farm. Chief Sly said that a sign
could be erected to warn motorists about the geese, just as it is done for
cattle crossings.
Mr. Zingale presented the Board with the 1950 bridge marker from the
McKinley Bridge for future historical purposes.
Miscellaneous
Mr. Hall passed out information from a fiscal study done for the State
depicting serious deficits over the next four years. He said the study did not
even take into consideration inflation. He sees this as a possible shifting of
costs to the communities.
The Board reviewed and voted on four liquor/tobacco licenses. Chief Sly
said all was in order. Mr. Hall motioned to sign the licenses for Midway Oil,
The Ponderosa, Green Mountain Boys and Johnny’s Pancake House. Mr. Terenzini
seconded the motion. All were in approval.
Mr. Terenzini motioned to go into executive session with Howard Burgess,
Town Lister, at 9:07P.M. Mr. Hall seconded the motion. All were in approval.
The Board came out of executive session at 9:33 P.M. Mr. Dicton motioned
to close the meeting. Mr. Terenzini seconded the motion. The meeting ended at
9:34 P.M.