July  6, 2010





The meeting opened at 6:47 P.M. with the Pledge of Allegiance.


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


Mr. Rhodes asked for a moment of silence in honor of Spc. Ryan Grady, a soldier from West Burke, who was killed in Afghanistan.


Review of 6/22/2010 Minutes


There were three typos that were corrected:  the spelling of Dave Wulfson, the spelling of Dardeck and adding “that” before “they” to the statement about awards.  Mr. Hawley motioned to approve the minutes with these changes and Mr. Hall seconded the motion.  All were in approval.


Visit from Rep. Peter Welch


Mr. Rhodes announced that Rep. Peter Welch will be at the Town Office on 7/7/10 to discuss economic business ventures.


Pittsford Subdivision


Mr. Rhodes said there would be an inter-municipal committee meeting with the Town of Pittsford at the Pittsford Town Office on 7/7/10 at 6:00 P.M. to discuss the proposed subdivision above the Hathaway Farm.


Clerk/Treasurer – Marie Hyjek


Ms. Hyjek said that the Town has received a letter from the State with this fiscal year’s education tax rate.


Ms. Hyjek passed out information on the last year’s budget to show what accounts went over budget and those that had money left.  The General Fund has about $110,000 left but this is offset by delinquent taxes due in the amount of $140,000.  There is also about $250.000 from the Local Options tax that will be used to lower the tax rate.  The Highway budget has $100,000 to carry over for resurfacing of roads.  The Fire budget has about $20,000 and the Recreation budget has $18.000 that will be used to reduce the tax rate.

Rutland Regional Transportation Council – Charlie Shields


Mr. Shields reported that at the meeting of the RRTC last week, a consultant for The Bus gave an overview of plans to improve services.  There are about nine buses on the road each day with 1160 riders per day.  Fifty six percent of the riders are from the City, thirty percent are commuters and fourteen percent are para-transits which include disabled riders that often are covered by Medicare.


The Bus services rides to Proctor, Middlebury, Manchester and Poultney.


Highway – Byron Hathaway


Tom Quirk screened out the topsoil pile.  The summer road work is on schedule and the crew is currently working on culverts and drainage work to prepare for paving.


Mr. Rhodes asked about the Town mowing Cop John Drive by Taco Bell.  Mr. Hathaway said that the Holiday Inn mows their area and the Green Mountain Plaza takes care of the area around Michael’s.   He said there are times when the Highway crew mows the Fire Stations as well.


New Business


Sharon Jozwiak and Howard Burgess from Fire District #1 were present to discuss with the Board and Ms. Hyjek issues on the timing of billing customers who live at Flory Heights. There was a lengthy discussion.  Mr. Zingale gave a little history explaining that Fire District #1 provides sewer service to Flory Heights via a Rutland Town line.  The houses are metered and Mr. Zingale reads the meters and gives the information to Ms. Hyjek who passes this along to the City and Fire District #1.  The City then sends bills to Ms. Hyjek.  Ms. Jozwiak figures out the total cubic feet and sends a bill to Ms. Hyjek from Fire District #1.


Ms. Hyjek said she would like five more days lead time to prepare her bills for the Flory Heights customers.  Ms. Jozwiak said she already gave her that time.  Mr. Zingale said it would be easier if the line the Town owns was taken over by the residents of Flory Heights and then the Town would not be involved.  Mr. Rhodes asked if there was a contract between the Town and Flory Heights and Mr. Zingale said there was none.  There are twenty four Flory Heights users and only two are delinquent.  Mr. Rhodes and Mr. Hawley said since the amount of money is so low that the Town would cover by going back to the old system of having the Town pay up front and then collect from the residents that it may make sense to go back to the old system.  This will be discussed at the next Select Board meeting with a full Board.




Questions from the Floor


Mark Brierre, who is running for State’s Attorney, was present to discuss the placement of campaign signs.  He quoted a State Law that says that signs in the Town right of way cannot be placed for more than two weeks.  The Primary Election is Tuesday, 8/24/10.  After a lengthy discussion centered on how to control incorrect placemen of signs, who would enforce the law and lack of knowledge of where the Town's right of way is on each street,  it was decided that Mr. Zingale would call the person whose name is on the sign based on any complaints that come into the office.


Police Department - Chief John Sly


Chief Sly reported that the transfer of police vehicles has been completed, with Sgt. Dumas having the Charger and the Crown Victoria being sold along with the technical equipment inside.  The Town's equipment was sold for $2,500 and Chief Sly has turned in a check to the Town Office for that amount.  Chief Sly is to get with Fire Chief Denardo to make out paperwork that would eliminate any liability for the Town on any problems with the equipment sold.


Town Administrator - Joseph Zingale Jr.


Mr. Zingale said that the Select Board needs to vote on the Green Mountain Plaza's proposed changes to traffic flow at the Plaza.  He said that the problem these changes create for Farrell Distributing can be handled at the Act 250 hearing later in the month. Chief Sly was asked to attend the Act 250 hearing scheduled for 7/23/10 at 9:00 A.M.  Mr. Hawley motioned to accept the Maintenance agreement with Chase Green Mountain Plaza that was originally agreed to on 8/4/09 by the Board.  Mr. Hall seconded the motion.  All were in approval.  Mr. Zingale is to check out who will be purchasing the signs.


Mr. Zingale explained why the Town was notified by Mr. McCullough about the placement of his septic system. It is not going to be within the Town's right of way. The Legislature now requires that abutters within a certain "isolation distance" be notified.


Chris Wilk has provided a map on his flood plain encroachment. The Flood Plain Zoning Board of Adjustment will review the map.


The Town of Clarendon has made a request of the Rutland Regional Planning Committee that the boundary be extended to Bump Road in relation to the US Route 7 Corridor Study.  The Board had no objection to this.




The daughter of a resident on Post Road Extension is getting married at their home and they asked if they could park cars at Northwood and shuttle guests from there.  After a brief discussion it was suggested that they use the Town School parking lot instead.


The pour on the McKinley Bridge project is being delayed a day due to the heat.


Russell Graphics is asking for the money owed for the shape file even though Mr. Zingale said there were many parcels missing.  Mr. Zingale suggested paying him and then moving on to a new company.  This issue will be put on the agenda for the next meeting when a full Board is present.




The Crowley Road Race has asked to add a half marathon (13.1 miles) to their usual five and ten K races which will add another loop.  Mr. Hall motioned to allow this and Mr. Hawley seconded the motion.  All were in approval.


Minutes were received from the meeting with John Little and the State.


A letter was received from the West Rutland Listers concerning the land the Town owns in West Rutland.  No grievance was requested by the Town so Mr. Zingale is to call and ask why the letter was received.


The Board received a copy of the letter the Rutland Town Planning Commission sent last year in regards to the Town taking over Amanda Place.  Mr. Matteson is to send the Board a cover letter stating the Planning Commission's stance again this year.  This will be put on the agenda for the next meeting.


A copy of the Thomas Act 250 permit was received. No one had any questions or comments.


Regarding the Educational Tax Rate for Rutland Town, it was observed that last year's rate was 1.3612 for Non-Residential and this year it is 1.35.  Last year's Residential rate was 1.2807 and this year it is 1.24.


A copy of a letter Linda Johnson sent to Sen. Sanders, Sen. Leahy, Rep. Welch, Kevin Mullin and James McNeil on the Center Rutland Post Office was received by the Board.


Mark Blucher from the Rutland Regional Planning Committee sent a letter thanking all municipalities that supported their services in regards to the Challenge for Change.




An updated version of planned transportation projects was received.




Mr. Hathaway said there are trees that need trimming on Russell Drive and Countryside Drive per a request from residents.  The Tree Warden, Fred Nicholson, needs to be involved and landowners need to be notified first.  This will be added to the next meeting's agenda.


The Transfer repairs went out to bid and no one went to the walk through.  Therefore, in order not to waylay progress on these repairs it was decided that Larry Young, who has worked for the Town before, will do the wood portion.  Jim Earle, a welder, has done a walk through to estimate costs for his services.  Dave Seward had expressed an interest in painting at the Transfer Station.  Mr. Hall said that many of the roll-offs at the Transfer Station are in need of repair.  These belong to the Town.  Mr. Zingale  will check out the price of new ones with Casella.


Larry Young helped to replace the air conditioner in the Clerk's Office.


Mr. Hall said that the two boilers are still not connected.  Mr. Rhodes said that a card that goes into the computer on the boiler was never programmed.  He will follow up on this.


An inter-municipal meeting needs to be held with the City on the Rail Yard, MS4 storm water and Water/Sewer.  Mr. Rhodes said more should be discussed on the Rail Yard at the next Select Board meeting.


Jim Hall attended a Community Advisory Board meeting in West Rutland on 6/28/10.  He said the public can find out what crime has taken place in their area recently by going on the internet to website Crime


Mr. Hall was appointed to the VLCT Public Safety Committee and Mr. Rhodes was appointed to the VLCT FAIR (Financial and Inter-governmental Relations) Committee.


At some point corrections officials will come to a Select Board meeting to discuss the early release program.








Mr. Hawley and Mr. Hall met with Tony Flory and said they would like to go into Executive Session to discuss a personnel issue.  Mr. Hall motioned to go into Executive Session at 8:29 P.M.  Mr. Hawley seconded the motion.  All were in approval.


The Board was out of Executive Session at 8:40 P.M.  Mr. Hawley motioned to end the meeting.  Mr. Hall seconded the motion.  All were in approval.  The meeting ended at 8:41 P.M.




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     Stanley 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