MINUTES: September 13, 2011


Board members present: Stanley Rhodes III, Joe Dicton, Joshua Terenzini, Steve Hawley and James Hall


The Meeting opened at 6:45 P.M. with the pledge of allegiance.


Mr. Hall moved to approve the 8-9-11 minutes as presented. Mr. Hawley made a second to the motion. The motion passed by a vote of 4 to 0. Mr. Terenzini abstained from the vote.


Mr. Hall moved to approve the 8-30-11 minutes as presented. Mr. Terenzini made a second to the motion. The motion passed unanimously.


Town Road Commissioner: Mr. Byron Hathaway reported:


Addressed the Board on behalf of a number of town residents who all sustained property damage due to flooding from East Creek. Mr. Hathaway told the Board all the individuals would like to have work done to East Creek.


Mr. Hathaway said some of the landowners would qualify for Farm Services assistance while others would not. Mr. Hathaway said farm Service would only assist with repairing fences and pastures and some minor stream work.


Mr. Hathaway said there is the Emergency Watershed Protection Program, which is funded through a State program. He said the program provides 75% cost sharing for an approved project. He said the individual(s) would be required to pay the remaining 25%.


Mr. Hathaway said in order to participate in the Program the individuals would need the Town as a sponsor. Mr. Hathaway said the individuals would like the Town to be their sponsor. Mr. Hathaway told the Board that he had sent in a request for Public Assistance, which is the first step in the process of receiving assistance.


Mr. Hathaway said the sponsor would be responsible for; carrying out the project, project administration and payment for project work. Mr. Hathaway said the Town would be required to pay a landowners share of the project, should the landowner fail to do so. He said the Town would need to have a process in place to recover the Town’s cost, such as a tax levy. Mr. Hathaway said there is only $400,000.00 available statewide.


Board members discussed the matter with Mr. Hathaway. Mr. Hathaway said he would set up a meeting with the individual who would determine if the stream work is fundable.


Mr. Hathaway told the Board he worked two days with a rented excavator putting the river back to its original “happy place” it was prior to the storm.  Mr. Fred Nicholson told the Board that the Town would not have to repay any money a homeowner failed to pay. 


Mr. Nicholson said landowners with a lot of wood in the river adjacent to their property would qualify for a NRCS snagging service, to remove the wood debris.


Mr. Hall moved to sign on as a sponsor provided the Town does not assume any financial liability. Mr. Hawley made a second to the motion. Mr. Rick Mckirryher asked Mr. Nicholson if he would be better off going for the stream permit as an individual verses applying through the Town. Mr. Nicholson said it really doesn’t matter since the conditions would be the same.


The motion passed unanimously.


Town Clerk & Treasurer:  Ms. Marie Hyjek reported:


  1. Told the Board taxes went very well. Ms. Hyjek thanked the taxpayers for their steady constant flow. She said there is a 1% penalty for the first 30 days for late payers.


  1. Presented a request from the Town Listers to delete 3 or 4 personal property accounts. Mr. Rhodes said the amount totals $128.34.  Mr. Hawley moved to delete the three tax bills. Mr. Terenzini made a second to the motion. The motion passed unanimously.


The Board considered the Basic Emergency Operation Plan for adoption. Mr. Hall moved to adopt the Basic Emergency Operation Plan. Mr. Dicton made a second to the motion. The motion passed unanimously.


Regional Planning Commission Mr. Fred Nicholson reported:


  1. Informed the Board that the deadline for municipal Planning Grants has been extended 30 days.


Solid Waste Alliance Communities & Rutland Transportation Council:  Mr. Shields reported:


1.      Told the Board he learned about EPA being at Northwood Park from an email form Pam Clapp. He told the Board that EPA is collecting discarded materials from individuals that were flooded out in the area. Mr. Shields said he did not know if town residents could take their household hazardous waste to the EPA collection.


2.      Mr. Shields told the Board that National Guard vehicles are making about 40 trips per hour into the reservoir. He said because the road into the reservoir is narrow the National Guard vehicles have to pull into his driveway when there are two trucks on the road. He told the Board the trucks blast their air horns right in front of his house. Mr. Shields said one of the private contractor apologized to Mr. Shields for the inconvenience.


Mr. Hathaway informed the Board that FEMA was only providing reimbursement for category A & B activities, which includes debris removal and emergency operations. Mr. Hathaway said FEMA would not pay for any work on Federal Aided Highway such as the Post Road, McKinley Ave. and the East Pittsford Road. Mr. Hathaway said the Federal Highway Administration would pay for damage to FAH roads.


Mr. Hathaway informed the Board he is getting prices to replace the culvert on Timber Lane damaged during the recent storm. Mr. Hathaway said his department has spent almost $20,000.00 on Storm related activities. He said the amount would increase since the catch basins on the Post Road need to be clean by A-1 Sewer and Drain Service.


Mr. Hathaway and Mr. Rhodes discussed whether the Town or the State would clean out the culvert that is parallel to US RT 7, near the Big Lenny pull-off. Mr. Hathaway said if the State does not get the culvert cleaned by November he would do the work.


Mr. Hathaway and Mr. Rhodes discussed the recent drainage work done adjacent to the Town Road at Mr. Twitters. Mr. Hathaway said the Highway Department did the work.


Mr. Rhodes informed Mr. Hathaway of a fence that has been placed within the Hitzel Terrace Road R-O-W. Mr. Hathaway said he is aware of the fence and planned to send the owner a letter stating the Town will not be responsible for damage to the fence.


Mr. Dicton commended the Town Highway Department for their work after the storm.


Planning Commission: Mr. William Matteson reported:


  1. Informed the Board the Planning Commission planned to invite landowners in the area of the proposed service road to attend a kick-off meeting to begin to discuss the proposed road.


Mr. Rhodes cited the fact the Rutland Regional Planning Commission has not yet issue a letter stating the Flory’s can take the buildings down on their Center Rutland property. Mr. Rhodes said he was told by RRPC Planner Mr. Ed Bove that the building could be taken down. Mr. Rhodes asked Mr. Matteson to look into the matter.



Recreation Director: Mike Rowe:


  1. Soccer is underway
  2. Pool is closed up
  3. Have ordered parts to fix a problem in the holding tank at the pool.
  4. Told the Board the Town Recreation Department worked with City Recreation Department and schedule various city events at Town fields, as a result of the recent flooding


Mr. Dicton asked if the tennis screen would be taken down. Mr. Rowe said he planned to take the screens down on Saturday.


Police Department: Chief John Sly reported:


  1. Told the Board the Town Police Department is now fully computerized. He said everything done in the department is done on a computer and that the dispatching is being done by the State Police in Rutland Town. Chief Sly said the department would now be able to track everything that is done more efficiently.


  1. Requested an executive session to discuss an on-going police investigation.


  1. Thanked Mr. Hathaway and the Highway Department for all their assistance during the recent flood event.



Town Administrator:  Mr. Joseph Zingale reported:


  1. Thanked Mr. Hathaway (Highway Department) and A1 Sewer and Drain for their assistance with the Town waste water pumping stations following the recent flooding.


  1. Informed the Board he would be meeting with the VLCT adjustor regarding damage to the Town’s two pump stations.


Fire Chief: Joseph Denardo reported:


Not present



Mr. Rhodes told the Board that Town businesses saved a total of $53,000.00 over the past six months as a result of the Board not collecting Operation & Maintenance fees from the businesses. The Board was in agreement to continue not to collect the O&M charges.


The Board will revisit the matter on April 1, 2012.


The Board discussed the Topic of Zoning adoption. Mr. Hall made a motion to instruct the Planning Commission to proceed with the grant and hold public meetings and draft a zoning document and presented the document to the Select Board before the voters decide. Mr. Hawley made a second to the motion. The motion passed unanimously.


Mr. Dicton inquired as to whether Vermont Roofing had repaired the Town Hall roof. Mr. Zingale said the company still had not done the work the Town requested in the spring.


Chief Sly briefed the Board regarding the changes made to the Grover Drive Bus Stop. Mr. Sly said the Bus would now travel in the opposite direction on Grover Drive, when dropping off students in the afternoon. Mr. Rhodes cited the fact that the road often freezes in the winter and that the bus will have difficulty getting up the hill on Grover Dr. 


Mr. Dicton moved to go into executive session to review sensitive information Chief Sly will present. Mr. Hall made a second to the motion. The motion passed unanimously.