July 20, 2010





The meeting opened at 6:55 P.M. with the Pledge of Allegiance.


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


Review of the 7/6/2010 Minutes


Mr. Rhodes noted that it was a septic system, not a well on Page 3.  Mr. Hawley motioned to accept the minutes with this change and Mr. Hall seconded the motion.  All were in approval with two abstentions from Mr. Callahan and Mr. Terenzini as they were not present at the last meeting.


Questions from the Floor


Richard Lloyd, the Delinquent Tax Collector, was present to inform the Board that he had collected all that was due on the warrant he was asked to follow-up on with the Red Roof Inn on their water/sewer bill.  Mr. Zingale will handle any further delinquencies.  Mr. Hall asked if the Red Roof Inn was delinquent on taxes and Mr. Lloyd said they were and he is following up on this.


Town Clerk/Treasurer – Marie Hyjek


The first draft of the Grand List has been printed.  Mr. Rhodes reviewed reports showing the amount of carryover money from the 2009-2010 tax year.  The Highway Department will roll over about $130,000 for retreatment.  The Recreation and Fire Departments have about $28,000 each that will be used to lower the tax rate.  The Highway Deprecation fund has $155,753 on hand with $43,753 to be raised from taxes.  The Fire Depreciation Fund has $380,353 on hand with $153,440 to be raised by taxes.  The Recreation Deprecation Fund has $41,723 on hand with $21, 920 to be raised from taxes.  Mr. Jody Hall asked if the Recreation Depreciation amount to be raised from taxes could be added once again to one the ballots as last time the voters voted down an increase to this fund.  He feels if the voters understand that money is needed to fix the pool, then they may vote differently than before. He said he would put information in the Circle and even hand out flyers if it would help,


The residential tax rate last year was 1.5309 and based on the first draft of the Grand List, this year it is 1.40.  The one percent options tax went to reduce taxes.  Ms. Hyjek said that there will need to be a special meeting to set the tax rate for 2010-2011.


The Primary Election is scheduled for 8/24/2010 and the last day to register to vote in this election is 8/18/2010.  The Office will be open until 5:00 P.M. on this date.


Ms. Hyjek is scheduling a Board of Civil Authority (BCA) meeting for 8/3/2010 to decide who will work at the polls and to review any deletions from the voter checklist.


Absentee ballots are being mailed out and Ms. Hyjek reminded voters that even though three ballots are mailed, they can only vote on one of them and they must return all three.


Rutland Regional Planning Commission – Fred Nicholson


Mr. Nicholson reported that he went to Montpelier for a VLCT Transportation Committee meeting and there was a discussion on the possible additional diesel tax.


Mr. Hall asked what the Committee recommended for budgeting for paving and Mr. Nicholson said that the design/build procedure is actually cheaper and faster than the design/bid/build procedure.  They will continue to ask for increased funding from the State.


He also reported that State Highways within municipalities have agreements for storm water discharge that need to be signed by both the State and the municipality.  This can leave the towns responsible financially.


The first meeting of the By-Way committee is scheduled for 7/21/2010.


Highway Department – Byron Hathaway


Construction is almost completed on roads to be paved.  Gorman Company is going to pave Town Line Road on 7/28/2010.


The McKinley Bridge is officially opened on 7/20/2010.  Mr. Hathaway said that the paving was not as good as he would have liked. The guardrail by Twitter’s is strattling the ditch.  There are still some forms to be taken down and some general cleanup.


Fuller the Town’s paving sub-contractor will make paving adjustments to the section of road in question, which is on the south side of McKinley Avenue Bridge.




Fuller is going to pave on or about 8/1/12010.


Mr. Rhodes asked about Susan Lane and Mr. Hathaway said that since the grade is so flat, puddles are forming and so he put in a drywell and a catch basin.


The Highway Department spread some wood chips for the school.


Mr. Hathaway said he has been researching information on replacing the Town truck.  The Board feels that it should be replaced with something similar and nothing downsized.  Mr. Hall suggested getting a four-wheel drive vehicle.


Mr. Hathaway asked for an executive session on one of the plowing contractors.


Planning Commission – Bill Matteson


Mr. Matteson asked the Board about Planning Commission members getting paid for site visits and classes. He wanted to make sure they agreed.  Mr. Rhodes said that is was fine as long as the money is planned in the budget.  There was some confusion as to the attendees of sight visits and classes this last year.  It was suggested by Ms. Hyjek that either each person keep their own timesheets or someone be assigned to keep track of everyone like Dick Lloyd used to do and also hand in these sheets before the end of the fiscal year.


Police Department – Chief Sly


Chief Sly said that some of the break-ins in Rutland Town have been through first floor screens or pushing air conditioners out of first floor windows.  He advised that doors be kept locked and that they have dead bolt locks as well as regular locks.


Mr. Hall said that someone on McKinley Avenue called him and asked about the surveillance cameras that had been talked about for the pull-off on McKinley Avenue.  Chief Sly said money for these is not in the budget.  He added that there are some signs erected to deter loitering and more patrolling is being done.


Recreation – Jody Hall


Junior Babe Ruth is finishing up.  Soccer starts at the end of August.









New Business – Amanda Place


Atty. Brown was given information from Mr. Licardi on Amanda Place but Atty. Brown said that it did not include drainage rights.  He is to draft language that would have the homeowners cover this cost.


Mr. Rhodes read a letter from the Planning Commission dated in 2009 that listed things they felt should be done before the Town takes over the road.  Mr. Matteson said the most crucial issue is that when the subdivision was approved it had the condition that the Town would not take over the road until it is brought up to Town specifications.  This is stated in every property owner’s deed.  He said that all the Planning Commission feels that if the Town takes over this road, it would not be fair to others who followed the rules, some of whom spent a lot of money to comply. It could also open up a chance for property owners on the rest of the private roads to come in and ask for the same treatment.


Mr. Rhodes said that the Town has taken over other roads and that Chief Sly and Byron Hathaway are both okay with taking over the road.  Mr. Matteson said that these other roads did not have anything in their deeds to say the Town would not take over the road.  Mr. Rhodes read the clause in the deeds about this.  Mr. Terenzini asked Mr. Matteson if he would accept the road at all since the road cannot be brought up to Town standards now that houses and wells have been built. Mr. Matteson said that the Planning Commission would like a report from an Engineer that would state that the issues with the road will not affect the safety or maintenance of the road.  Mark Alderman, an Amanda Place resident, said that the homeowners would agree to be responsible for any drainage problems.


Mr. Matteson asked what future developments would be held to if Amanda Place is taken over and doesn’t comply with the subdivision regulations in regards to the road.


Mr. Hall read a letter from Brownson Spencer, an engineer, from January of 2009 that said that they did a couple of borings for stumps and that the run-off so far has not affected the Eckhart well.  It also said that the drainage pattern is acceptable to the homeowners.  Mr. Matteson said this is just an opinion, not scientific.  Mr. Hawley said he thought there was more to the original report.


Mr. Nicholson said he didn’t think that the Town should go back on their original decision.


Mr. Matteson plans to take the Planning Commission on a site visit to Amanda Place.  He also said that some research needs to be done to see who actually owns the road.





Chief Sly said that to get the formal grade profile, a surveyor would need to be hired for accuracy.  Right now, since this is a private road, no speed signs can be erected.


Mr. Callahan said that the residents of Amanda Place should pay for Kevin Brown to draft an agreement.  He also said he is bit concerned about setting a precedent with Amanda Place if it is taken over by the Town.


Countryside Drive – Tree Cutting


There are some trees on a resident’s property that are causing unsafe driving conditions due to poor visibility.  The homeowner does not want them cut.


Mr. Nicholson, as Tree Warden, will warn a meeting and invite property owners, Fence Viewers and Mr. Hathaway as well as Board members and Chief Sly to attend.


Mr. Zingale will work with Mr. Nicholson on determining the right of way.


Town Administrator – Joseph Zingale Jr.


Mr. Zingale reported that the Town has nothing to do with the Alpine Pipeline.


He said the Board needs to make a motion to pay Russell Graphics and terminate the Town’s relationship with Mr. Russell.  He said that the information he received from Russell Graphics was missing a lot of parcels on the electronic version.


Ms. Hyjek has been concerned, as has Mr. Burgess, the Town Lister, about losing what we have had in the past, i.e., maps with distances and deeds listed in the map guidebook.  Mr. Zingale said that eventually the new company will provide these.


Mr. Callahan asked if the Town owned the information Mr. Russell is holding back and Mr. Rhodes said that there never was a contract to cover this.


Ms. Hyjek said that only $2,500 was budgeted for maps this year so going with the new company will go over budget.


Mr. Hall motioned to pay Russell Graphics what is owed and then go with a new company.  Mr. Terenzini seconded the motion.  All were in approval.



 Mr. Hawley said that the Town should have Kevin Brown make up a contract with the new company so that they own the data.  Mr. Zingale said he will ask the new company what they offer for contracts.


Grover Drive has a portion that is being developed that has not been paved and therefore is not approved.  Mr. Zingale was looking for a solution so that 911 numbers can be assigned.  Mr. Hawley suggested that it also be called Grover Drive for 911 purposes and continue the numbering system.  Mr. Callahan made a motion to this affect and Mr. Terenzini seconded the motion.  All were in approval with the exception of Mr. Rhodes who abstained, as he is the contractor working on Grover Drive.


Mr. Zingale checked the prices of new roll-offs for the Transfer Station and Hubbard Brothers said their cost, which they would pass on to the Town, is $5.000 each.  Mr. Rhodes asked Mr. Hathaway to check out more prices and report back to the Board.


Mr. Zingale asked if anyone knew where the agreement with CVPS on hose maintenance was located and he was told it should have been with the contract for the fire truck.  Mr. Zingale will check with CVPS and see if he can get a copy.



The manhole west of Randbury Road has a flume in it that is causing a surge that lifts the top off the manhole, spilling contents onto the ground.  Mr. Zingale solicited bids to fix it and only one company submitted a bid.  It was for $3,400 from Giancola’s.  Mr. Hall motioned to accept the bid of $3,400 and Mr. Terenzini seconded the motion.  All were in approval.


Mr. Zingale has been having some complaints from truckers who do not want to pay $10.00 when their insurance is renewed as well as $10.00 when they first get an overweight permit.  All permits end on 3/31.  Mr. Zingale has told these trucker’s that it may behoove them to have their insurance renewals changed to coincide with the 3/31 date to avoid the extra $10.00.


Due to an article in the Rutland Herald concerning proposed security measures at Northwood Park, Royal Group put in a bid.  Mr. Rhodes said that this would be discussed in executive session at the next Select Board meeting.


The Army Reserves is asking for another 860 gallons /day of wastewater allocation for a total of 4,140/day at $5.00 per gallon.  Mr. Hall made a motion to allow the extra 860 gallons/day and Mr. Hawley seconded the motion.  All were in approval.





Mr. Zingale will set up a meeting of the Flood Plain Zoning Board of Adjustment to vote on the Wilk violation.


A meeting will be scheduled with Mr. Zingale, Ms. Hyjek, Mr. Burgess and the City to discuss the Ad Valorem tax.


Concerning the paying of the Flory Heights sewer costs in full to the Fire District and the City, Mr. Hawley made a motion to go back to the Town covering these costs and then collecting from the users.  Mr. Terenzini seconded the motion.  All were in approval.




Kevin Brown sent a letter concerning fireworks permits.  It was decided that the Fire Chief, Joe Denardo and the Police Chief, John Sly, will make this decision.


$99.00 may be owed to the City for traffic ticket fines.  Chief Sly will check this out.


The Town received a letter from the attorney for the General Land Company, which says that the Rutland Town Select Board discussing emergency services with the Town of Pittsford affects their right to subdivide.  It was determined that Byron Hathaway attended a meeting as an abutter and there was some confusion.  However, Mr. Rhodes and Mr. Hall did open a line of communication with the officials from the Town of Pittsford concerning the subdivision.


Act 250 has approved the Chase Green Mountain Plaza’s plan to erect a barricade near the entrance.  An Act 250 meeting is scheduled for 7/23/2010 at 9:00 A M. at the Asa Bloomer Building to discuss the barrier and its affect on Farrell’s’ Distributing.  The Hampton Inn has hired an attorney and Mr. Zingale expects that the Holiday Inn will be represented at the meeting as well.  Chief Sly suggested that Farrell trucks be allowed to make a right hand turn onto Cop John Drive and then proceed to Farrell Road.  The road would have to be widened for this to work.


A thank-you was sent to Town officials from the DelBianco’s for the dedication ceremony for the Richard J. DelBianco Memorial Park at Dewey Field.


Mr. Hall said a meeting needs to be scheduled for the 4 and 7 Committee and the City to talk about the proposed southern connector from Randbury Road to Farrell Road.  Mr. Zingale will set this up.






The Board plans to discuss at a later date what to do with the money from the timber sale.  The voters will need to vote on this.


At 9:40 P.M., Mr. Hall motioned to go into executive session with Mr. Hathaway concerning one of the plowing contractors.  Mr. Hawley seconded the motion.  All were in approval.


At 9:43 P.M. the Board came out of executive session.  The meeting ended at 9:50 P.M.






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          Stan Rhodes III, Chairman                                                       Date



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                James Callahan                                                                     Date



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                     James Hall                                                                 Date



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                    Steve Hawley                                                             Date



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                   Josh Terenzini                                                                    Date