TOWN OF RUTLAND

SELECT BOARD


MINUTES: September 24, 2013



Board members present: Steve Hawley, John Paul Faignant, Stanley F. Rhodes III and Joe Dicton

The Meeting opened at 6:39 P.M.

All rose for the Pledge of Allegiance to the United States Flag.

Town resident and Rutland Free Library Trustee Ms. Meg Horrocks and Ms. Paula Baker, Director of the Library, met with the Board and reported regarding Library activities. Ms. Horrocks said she was present to invite Board members to the next Rutland Chamber of Commerce Mixer to be held on Tuesday October 8, 2013 from 5:00 P.M. To 7:00 P.M. at the Library.

Ms. Baker told the Board:

Planning Commission: Mr. William Matteson reported:

  1. Cited the recent joint meeting with the Select Board regarding solar projects. Mr. Matteson said he is waiting to hear back from Town Attorney Mr. Kevin Brown.

  2. Informed Board members that he had met with Mr. Kris Hughes and Mr. Ed Bove at the Rutland Regional Planning Commission regarding getting a State grant to pay for updating the Town Plan, which is due to be readopted in 2014. Mr. Matteson said the Board had previously authorized applying for a $15,000.00 grant. Mr. Matteson said the Town's share would be $3,500.00.

    The Board and Mr. Matteson signed a grant request. Mr. Matteson told the Board that he had spoken to all but one Planning Commissioners and informed them he was-going-to-apply-for-the-grant.


Mr. Faignant moved to approve the resolution. Mr. Hawley made a second to the resolution. The resolution passed unanimously.


Mr. Matteson told the Board that the Commission approved a two lot residential subdivision at the previous meeting.

Transportation Council & SWAC: Mr. Charles Shields reported:

  1. Told the Board that the new director of the Southern Vermont Regional Airport at Rutland will attend the next Transportation Council meeting. He said the director will give an overview of what is going on at the airport.

  2. Told the Board that the next Household Hazardous Waste Collection will be on October 19, 2013 from 8:00 A.M. to 11:30 A.M. Mr. Shields said not to bring latex paint, car batteries or tires.

    Mr. Dicton questioned Mr. Shields regarding the work being done to Route 103 near the airport. Mr. Shields said the work is to bring the road to a “T” verses the current intersection. Mr. Dicton asked if the runway is going to be extended. Mr. Shields said he doubts the runway will be extended due to the cost of the project and the involvement of wetlands.

Clerk& Treasurer: Ms. Marie Hyjek reported:

  1. Informed the Board that the 2012 Grand List has been finalized.

Town State Representative Mr. Thomas Terenzini met with Board and offered the following:

  1. Told the Board he attended a lake shore committee meeting regarding House Bill 526. Mr. Terenzini told the Board that he opposes the bill. Mr. Terenzini said he was the only member on his committee that voted against the bill.

    Mr. Terenzini told the Board that the bill is an overreach by the Agency of Natural Resources. He said the bill is intrusive and that it lets the State tell a landowner what they can do with their own property. Mr. Terenzini said if an individual owns a home on a lake or a pond then they are already paying a lot in taxes.

    Mr. Terenzini said the bill would set up new rules that would make it more costly for individuals who own a home on a lake or pond. Mr. Terenzini blamed the democrats in the legislature for supporting the bill.

Mr. Shields told Mr. Terenzini that he does not want the Governor backing marijuana like it is alfalfa. Mr. Terenzini said the Governor sets a poor example for the young people in the State. Mr. Dicton asked Mr. Terenzini how much support he has in the opposition camp, at this time. Mr. Terenzini described republicans in the legislature as “brave souls” and he described democrats in the legislature as “socialist”. He said the progressives always vote with the socialist democrats. He said the democrats control the House and the Senate and the 5th floor of the pavilion. Mr. Terenzini said it is pretty dismal if you are a republican.

Mr. David Sichel, who is the VLCT Deputy Director of Risk Management Services, met with the Board regarding employee health insurance. Mr. Sichel made the following points:

Regional Planning Commission Mr. Fred Nicholson

  1. Informed the Board he missed the most recent RRPC meeting because he was out of town.

Town Road Commissioner Mr. Byron Hathaway reported:

  1. Roadside mowing is complete.

  2. Sign replacement is ongoing.

  3. The Town truck required service and is now back in service. There was no cost to the Town.

    Chief Ed Dumas reported:

  1. There have been 278 total call for service this year to date.

  2. Types of calls; suspicious, animal problems, citizen disputes, citizen assist, directed patrol, motor vehicle crash, noise disturbances, residential burglar alarm and bad checks.

  3. Told the Board that Captain Ted Washburn is doing a good job.

  4. There were eight vehicle stops, a civil violation complaint.

  5. There were a total of 70 patrol hours.

  6. There were 35 hours for administration for both Chief Dumas and Captain Washburn.

Recreation Director: Mr. Mike Rowe reported:


No meeting no report


The Board reviewed the September 10, 2013 minutes. Mr. Hawley said on page 3, second paragraph, last sentence should read “Mr.” Chioffi. Mr. Hawley said page 6, second paragraph, first sentence should read “ in favor”. Mr. Faignant moved to approve. Mr. Dicton made a second the motion. The motion passed unanimously.


Town Administrator: Mr. Joseph Zingale reported:


  1. Informed the Board that he had priced two wireless microphones. He said one mic cost $299.99 and the other was $101.00. Mr. Zingale said $101.00 mic would require the use of a converter. The Board took no action.

  2. Told the Board that the Johnson Energy sewer line relinquishment is ready for signature. Mr. Rhodes cited the fact the Board had previously voted 4 to 1 to sign the relinquishment.

  3. Informed the Board that there will be a hearing on October 5, 2013 regarding the Green Mountain Power's proposed solar farm proposed for the old Rutland City landfill. The hearing will be at the Rutland Free Library.

  4. Presented the Stantec draft final “Rutland Network Analysis” report. Mr. Zingale told the Board that the study indicates the road proposed to go from the Cold River Road intersection to the Green Mountain Plaza makes sense and would adequately handle future traffic demands. Mr. Zingale said the report gives the Town the green light to peruse the road if that is what the Board wants to do.

  5. Inquired as to who is the Town's Emergency Management Director (EMD). Mr. Zingale told the Board that the Town of Chittenden has invited the Town's EMD to participate in planning regarding the Chittenden Reservoir. Mr. Rhodes said he would relay the message to Mr. Denardo.

  6. Informed the Board that it could amend the Peddlers ordinance to address yard sales. Mr. Zingale told the Board that individuals holding a yard sale on land they do not own would need to get a permit from the Town. He said individuals that have a yard sale on their own property would not have to get a permit.

    Mr. Zingale said a permit could be conditioned to limit the duration of the yard sale. Mr. Rhodes questioned who would enforced the ordinance. Mr. Zingale said a municipal official could enforce the ordinance. Mr. Rhodes said the Town Police Department would enforce the ordinance. Mr. Faignant question if the Board could adopt an ordinance which listed restricted hours for such events.

    Mr. Zingale said that according to Town Attorney Mr. Kevin Brown, absent zoning the only way to get a handle on the matter is through the Peddlers Ordinance.

    Regarding various types of signs placed in the State road R-O-W, Mr. Zingale said the Town had been told by Assistant Attorney General John K. Dunleavy that the Town has dual jurisdiction with the State regarding State road rights of way. Mr. Zingale told the Board that Mr. Dunleavy said the Town can remove illegal signs from the State R-O-W at any time.


Mr. Nicholson questioned what the Board is trying to correct with the regulation of yard sales. Mr. Faignant said some have turned the yard sale into a 24 hour, 30 days a month, 365 days a year presentation. Mr. Faignant said he is tired of looking at them.

Fire Chief: Mr. Joe Denardo reported:

    Not present

The Board reviewed packet correspondence.


Mr. Dicton questioned where Mr. Zingale got the fragrance policy information he sent to the Board. Mr. Zingale said an attorney at VLCT sent him to a www site that had the information. Mr. Zingale said he also pointed out a $100,000.00 settlement an employee received because the employer failed to address the employees sensitivity concerns.


Mr. Rhodes briefed the Board regarding “add-ons” pertaining to the Center Rutland Fire Station construction:


Mr. Faignant moved to close the meeting at 8:32 P.M. Mr. Hawley made a second to the motion. The motion passed unanimously.














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