April 27, 2010





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


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


Review of 4/13/2010 Minutes


Mr. Hawley motioned to approve the minutes as written.  Mr. Terenzini seconded the motion.  All were in approval.


Questions from the Floor


Rick DelBianco was present to discuss the dedication of the sign in honor of his father at Dewey Field.  The dedication will take place on May 19th at 5:30 P.M.  Dick’s grandchildren will throw out the first pitch at the game slated for that night.  There will be a notice in the Rutland Herald and the Rutland Herald will be present at the dedication. Mr. Zingale will check out the advertising and putting up notices at the school and near the park. Free hot dogs, burgers and sodas will be available.  The sign has a three-foot granite base and is 4’by 3’ high.  The sign will say, “Welcome to the Richard J. DelBianco Memorial Park at Dewey Field”.  There was a brief discussion as to where to place the sign.  Rick DelBianco would like another sign behind the dugout, which would cost about $350.  This will be paid for out of the recreation budget.  The Board decided to let Mr. Hathaway, Mr. Hall (Jody) and Rick DelBianco decide the placement of the sign. 


Linda Johnson was present to discuss the letter she sent the Board concerning the loss of the Center Rutland Post Office.  She wanted to thank Theresa Kulig for her article in the Circle.  Ms. Johnson said that she sent letters to Peter Welch, Vermont’s Congressman and to Bernie Sanders and Pat Leahy, Vermont’s two senators.  They are all writing letters of support to reinstate the Post Office in Center Rutland.  There will b a meeting  at the West Rutland Post Office on Thursday, at 6:00 P.M.


Mr. Rhodes read a list of hardships the closure of the Center Rutland Post Office has caused which included difficulties for the disabled and  senior citizens, extra time and expense of travel, rural routes not being practical with long driveways and security vs. home mailboxes.


Ken McGuiness from Rosenberger Auto Salvage was present to discuss renewing his license and he said it used to be every five years vs. every year.  He would like it to revert to every five years since he is regulated by the State anyway.  Mr. Terenzini motioned to give Rosenberger’s a five-year certification period.  Mr. Hall seconded the motion.  All were in approval.


Frances McGuiness of Town Line Road was present to discuss a problem with water by his driveway.  He would like the Select Board to take a look at his problem.  Mr. Hathaway says a culvert is needed and he will try to work it into his budget.


Town Clerk/Treasurer - Marie Hyjek


Chief Sly reviewed the ticket fines and culled out those for Rutland City. Mr. Hall motioned to authorize Ms. Hyjek to write a check for $2.826.48 to the City.  Mr. Terenzini seconded the motion.  The motion passed unanimously.


Ms. Hyjek reminded property owners that taxes are due by May 10th.  Signs have been put up on the East side and West side and a notice has been put in the paper.


436 dogs have been registered so far leaving about 105 still to be registered.


The Town will be combining with Proctor and West Rutland for fuel bids.  The other towns are including bids for propane and diesel.  Rutland Town's usage is 9,000 gallons and the other two towns combined are 7,000.  Ms. Hyjek solicited input from the Select Board regarding the fuel bidding process.  Mr. Rhodes said that he would prefer to be able to join with the school and Ms. Hyjek said that they get a better rate since their tank is large enough to accept larger and fewer deliveries.


Ms. Hyjek provided an update on the sewer bill process.  She says she is cutting multiple checks to the City to avoid interest.  There will be a meeting on 4/29/2010 with Pat Riordan, who prints the checks, and Fire District #1 to help resolve the timing issue with Flory Heights bills.


There will be a meeting at the West Rutland Post Office on April 29th at 6:00 P.M. to discuss procedures since the Center Rutland Post Office closed.


Ms. Hyjek presented two liquor license applications to be reviewed/signed.  One was from the New American Grill and Tap Room and the other was from Rockin' Willy's.  Chief Sly is to review the applications.


Paving Bids


The Board opened and reviewed bids for paving in the Town.  They were as follows:


Wilk Paving                                        $423,758.50


Fuller Sand and Gravel                 $401,640.50


Whitcomb Construction              $473,785.28


Pike Industries                                $582,737.38





The Gorman Company who provides cold in place recycling was included in all but the Pike Industry bid.  The paving is to begin in August and Mr. Hathaway said he recommended going with Fuller Sand and Gravel.  Mr. Hall made a motion to award the bid to Fuller Sand and Gravel.  Mr. Terenzini seconded the motion.  All were in approval.


Select Board Appointment - Executive Session


At 7:15 Mr. Terenzini motioned to go into executive session to discuss an appointment for someone to finish out the remainder of Mr. Dicton's term. Mr. Hall seconded the motion.  Mr. Hathaway questioned whether an executive session was appropriate as he felt the discussion should be public.  The Board felt that this appointment fell under the guidelines for an executive session and all approved the motion to go into executive session.  Three people were present who had sent in letters of intent for the position and they were Mary Ashcroft, James Callahan and Craig Robideau.


At 7:45 P.M. the Board came out of executive session.  Mr. Rhodes thanked those who had applied for the position and said the Board had appointed Jim Callahan to fill out Mr. Dicton's term.  Mr. Callahan took a seat as the new Select Board member.


Fire Department - Chief Joe Denardo


Chief Denardo discussed the lease agreement with CVPS to place one of the Town's fire truck's at CVPS during the McKinley Bridge project.  There was no money exchanged with CVPS but they stated they do not want to be liable for the truck while it is at their facility.  The truck will be moved out of the garage at CVPS for the Relay for Life on June 26th.  The Board said they would like the Town attorney, Kevin Brown, to take a look at the agreement.


Chief Denardo discussed painting one of the fire trucks.  The truck has a1998 cab and chassis and a 2001 body.  It is figured that the truck has another fourteen years of life.  The cost of the painting will be $4,500.  The re-lettering of the truck would cost about $1,000 and could be done by Design Graphics. Mr. Hawley motioned to allow $4850 to be taken out of the Fire Depreciation Fund for the painting of the truck and Mr. Terenzini seconded the motion.  All were in approval.


Chief Denardo said he did not feel that the Town needs the services proposed by Rich Carlson and Carl Anderson concerning recouping costs from accidents, etc.  He said he had discussed this with the other firemen.  Mr. Rhodes said that the other department heads are not in favor of this route either. Mr. Hawley is to meet with Mr. Carlson.


Rutland Regional Planning Commission - Fred Nicholson


Mr. Nicholson discussed the State's proposed plan called "Challenge for Change" and said under this plan the RRPC will lose 10% of their funding.  He added the budget in Montpelier is not finalized as yet.





Mr. Nicholson presented a letter of support for the Board to sign and send on to Ed Bove concerning the Rutland County Energy Challenge to increase energy savings by 10% in 2011.


Mr. Hall motioned to have Mr. Rhodes sign a letter to the legislative delegation to support continued funding for the Regional Planning Commissions.  Mr. Hawley seconded the motion.  All were in approval.


Highway - Byron Hathaway


There was one bid for working on the Highway Book for the Town from Woodlake Title Company at $13.30/hr for 150 hours.  Mr. Hawley motioned to accept this bid and Mr. Hall seconded the motion.  The motion passed unanimously. Ms. Hyjek said that the City says it will not charge for research or copies if the research goes back before 1893 when the Town was formed.  Mr. Hathaway will notify the Woodlake Title Company.


There were no bids for the sweeper but Mr. Hathaway did have a verbal offer from a man from Lester for $1,500. Mr. Hathaway said he could sell the motor on E-Bay and sell the scrap from the body for about $800. 


The Board had a Bridge Inspection Report on McKinley Bridge.  They are to sign off that they have read the document.  Reports are sent every two years on bridges.


Mr. Hathaway reminded the public that May 1 is Green-up Day and that bags are available at the Town Office and at the Transfer Station.


Don Weston Excavation will be in Town this summer repairing crosswalks on Cold River Road.


Bill Matteson reported that there is a sign down on the corner of Colonial Drive and Georgeanna Boulevard.


Rutland Town Planning Commission - Bill Matteson


Mr. Matteson reported that the Planning Commission had their organizational meeting and that he is still the Chairman and Andrew McKane is the Vice-Chairman.  He wanted to verify that Howard Burgess, Mike Leonard and Tom Turner have been reappointed to four year terms as Planning Commission members and the Board said that they felt they were included at the last meeting when they voted to reappoint anyone that was due to be reappointed.  However. Mr. Terenzini motioned to reappoint Howard Burgess, Mike Leonard and Tom Turner.  Mr. Hall seconded the motion.  All were in approval.


There will be a bill from the Rutland Regional Planning Commission for $800 that is actually being paid for through a planning grant.


The Thomas subdivision involving the Reserve Center will have specific issues to address and Mr. Matteson said that the Select Board will have to be involved with the road issues along with Mr. Hathaway.  Mr. Hall asked that the Board be given notice of when the next meeting will be.




Mr. Zingale said that the head of the construction for the reserve center came in to talk about the project and they will be working into 2011 and they will be employing about 66 workers.


The Waffle House subdivision (Taylor subdivision) is moving forward and they will be contacting Mr. Hathaway about access to Bellevue Lane.


Mr. Matteson said he would like to thank Tom Turner for his time as co-chair on the Planning Commission and Mr. Zingale will look into a certificate of thanks for him.


Mr. Matteson and members of the Marble Valley Kiwanis club have finished "Efficiency Vermont" inspections.


Mr. Matteson asked Mr. Nicholson for a letter confirming that the Regional Commission has approved the Town Plan and the Town planning process.


Rutland Town Police - Chief John Sly


Chief Sly said both liquor applications received this evening are incomplete and need to go back to the applicants for more information.  He added that the application from Smokey's Bar-B-Que did not list the exact past violations and dates thereof.


There has been a police impersonator who has stopped at least one person. The car being driven has only a flashing dash light.  Chief Sly advises anyone who is uncomfortable in stopping for an unmarked vehicle to either call 911 to check it out or go to the nearest police station.


Chief Sly reported that there have been several burglaries in town.


Chief Sly will make a spreadsheet as to where time is spent on traffic control vs. other calls.


The Chief's car is now fully marked and the other constable vehicles will also be marked in the future to make them more visible to the public.


Recreation - Jody Hall


Baseball season has started.  There are five Little League teams this year.  They are using Northwood Park a lot and would like to get a flex fence for the field at a cost of about $1.000.. He thinks this can be paid for by the sponsors.  Mr. Zingale is going to check with the Act 250 office to see if they would object to banners being put on the fence. He said there may need to be an amendment made to the Act 250 permit.


Mr. Hall reported that there are two trees that have branches hanging down after the last wind storm.  Mr. Hathaway and Mr. Nicholson will check this out.  One is at Dewey Field by the basketball court and the other is at Northwood by the dugouts.




A pole at Dewey Field got hit by lightening and the light fixture needs repair.  It is so high that Chief Denardo will check with the City to see if the Town can borrow the ladder truck to reach it.


The Recreation Commission is trying to get tennis going again.  Mr. Jim Hall motioned to re-appoint Kent Smith to the Recreation Commission and Mr. Terenzini seconded the motion.  All were in approval.


There will be a Recreation meeting on May 5th at 7:00 P.M. including members of the Select Board.


Town Administrator - Joseph Zingale Jr.


The Town received a letter from the Rutland County Soccer Club asking for the Town to waive the vendor permit fee for Ben and Jerry's and the Other Sports Store for a Memorial Day event.  The vendors already have to pay $200 to the Soccer Club itself. Mr. Terenzini motioned to waive the Town vendor fee and Mr. Hall seconded the motion.  All were in approval.


Mr. Zingale pointed out that there are other vendors who are operating without a peddlers license from the Town.


Mr. Zingale prepared a letter to the State Water Quality Division concerning the MS4 permit for storm water with input from the Town lawyer and Select Board members.  He wanted the Board to sign it.  Mr. Hawley motioned to have Mr. Rhodes sign the letter for the Board on the Moon Brook watershed and Mr. Terenzini seconded the motion.  The motion passed unanimously.


Mr. Hall motioned to approve the annual Crowley Brothers Memorial Race and Mr. Terenzini seconded the motion.  All were in approval.


Chris Wilk has still not presented the paperwork necessary concerning his Flood Hazard violation.  Mr. Zingale suggested a meeting of the Flood Hazard Zoning Board of Adjustment to settle this issue.


Bidders on the chimney project need to attend a pre-bid meeting in order to be considered for the job.


Stantec presented an agreement for consulting on the McKinley Bridge project.  It lists that records need to be kept for two years.   The Town attorney, Kevin Brown, suggests six years.  Mr. Hall made the motion to make the record retaining period six years and to allow Mr. Rhodes to sign the agreement for the Board.  Mr. Hawley seconded the motion.  All were in approval.


Miscellaneous and Correspondence


The Rutland Natural Resource Conservation Districts are holding their annual luncheon on 5/10/2010 at $12 per person and the Select Board is invited to attend.




A pre-construction conference on the McKinley Bridge project is being held on 5/7/2010 at 2:00 P.M. at the Town Office.  The State is offering the contractor tips on how to start the project sooner.


Mr. Zingale attended a meeting on the Route 7 Corridor Study along with the Regional Planning Commission.  Any business that has more than one curb cut and then applies for a subdivision will have to close one curb cut unless the proposed use would generate less traffic.  Mr. Hall made a motion to adopt the Route 7 Corridor Study and Mr. Terenzini seconded the motion.  The motion passed unanimously.


The Division of Property Value and Review is concerned about the request from hydro-electric generating facilities to be evaluated at half or less than in the past. Mr. Zingale said that there are three in the area, two for CVPS and on for OMYA.


SVE (Southern Vermont Engineering) is now know as  Marble Valley Engineering.


SWAC minutes were available for review.


Mr. Hall said there will be an Intermunicipal meeting on Thursday, 4/29, at 5:00 P.M. and Town Office Training on 4/28.


Mr. Hall motioned to go into executive session concerning the 1984 sewer agreement with the Clarendon Airport Park.  Mr. Terenzini seconded the motion.  All were in approval.


The meeting ended at 9:00 P.M.




        Stan Rhodes III, Chairman




             James Hall, Clerk




             James Callahan




              Steve Hawley





              Josh Terenzini