TOWN OF RUTLAND

SELECT BOARD

January 6, 2009

MINUTES:

Board members present: Steven Hawley, James Hall, Stanley Rhodes III, Richard Del Bianco and Joshua Terenzini.

The Meeting opened at 6:30 P.M. with the pledge of allegiance.

The Board signed orders for 24 minutes.

Mr. Hall moved to approve the 12-23-08 minutes with changes. Mr. Hawley made a second to the motion. Motion passed unanimously.

The Board took questions from the floor.

Ms. Paula Baker, Director of the Rutland Free Library, made a request that the Select Board place a $75,874 funding item on the March ballot. Ms. Baker said the amount represents a 1% increase over last years request. Ms Baker said in previous years the amount requested would be as much as 3% to 5% over the previous years request.

Ms. Baker said the 1% increase results in an $879.00 increase to Town taxpayers. Mr. Rhodes asked if Library hours of operation would be reduced. Ms. Baker said not if the all the budgets are approved.

Mr. Hawley moved to put the Library request for $75,874.00 on the ballot. Mr. Del Bianco made a second to the motion. The motion passed unanimously.

Town Planning Commission Vice-Chairman, Mr. Tom Turner, met with the Board and distributes copies of changes he has proposed to the Town Zoning Regulations. Mr. Turner told the Board that some of the items are matters that for one reason or another never got into the document. Mr. Turner described the changes as non-significant.

Mr. Turner informed the Board that his fellow Planning Commissioners had not yet received his eight proposed changes. Mr. Turner told the Board that in addition to the proposed changes he is submitting a three-page letter advising the Board as to what they can change in the proposed Zoning Regulations.

Mr. Turner also offered the Board advice as to appointments they will have to make if zoning is adopted. Mr. Turner said his letter addresses the appointments the Board will have to make to Planning Commission and a new Development Review Board (DRB).

The Board and Mr. Turner discussed his advice regarding appointments to the DRB and Planning Commission. Mr. Del Bianco said Mr. Turner should be commended for taking the time to scrutinize the proposed Zoning Regulations.

There was no Recreation report. Recreation Commission Chairman, Mr. Rick Del Bianco, was not present.

Town Administrator, Mr. Joseph Zingale Jr., asked the Board when they would like the Quinn Company to begin the work on the Pool Building. The Board discussed the matter and Mr. Hall said he expects the work would begin sometime after March.

Town Representative to the Rutland Transportation Council, Mr. Charley Shields, reported the RTC would meet in two weeks. Mr. Shields reported that the recycling market has gone down into the dumps. Mr. Shields said he does not think the Town will see much revenue from its recycling program.

Town Representative to the Rutland Regional Planning Commission (RRPC), Mr. Fred Nicholson, reported that the RRPC is in its budget process and that they do not have a clue since they keep getting notifications from the State that their money is being reduced again.

Town Road Commissioner, Mr. Byron Hathaway, reported he had given Board members copies of his proposed budget. Mr. Hathaway said that as of tomorrow the Town would exceed 1000 tons of salt purchased. Mr. Hathaway said he does not consider the winter half over.

Mr. Hathaway said the Town has about 2000 tons of salt or in stock. He said the salt shed is just about half full. Mr. Hathaway said there have not been any problems purchasing salt.

Mr. Rhodes asked if the Town is using any sand. Mr. Hathaway said the Town used sand for only one storm this season. Mr. Rhodes asked Mr. Hathaway if the Town was using salt exclusively this year. Mr. Hathaway said last year the sand was used as an extender with salt.

There was no Fire Department report. Mr. Denardo was not present.

Mr. Rhodes informed Board members and the public that the Town Fire Department had received a $500.00 donation from the Vermont Country Store. Mr. Rhodes read the letter from the Vermont Country Store.

Mr. Rhodes cited the fact that Mr. William “Bill” Shouldice, President & CEO of the Vermont Country Store is a Town resident. Mr. Rhodes cited the fact the Town had received similar donation in past years from the Vermont Country Store.

Town Planning Commission Chairman, Mr. William Matteson, was not present.

Mr. Terenzini informed Board members that the Fire Department had recently elected new officers. Mr. Terenzini gave the names of the newly elected Fire Department officials.

Mr. Zingale reported that the Planning Commission is working on a lot line adjustment application as well as a new subdivision application. Mr. Zingale encouraged Board members to attend the upcoming Planning Commission meeting regarding Economic Development.

Mr. Rhodes questioned Mr. Zingale as to who mailed out invitations to the Planning Commission’s Economic Development meeting. Mr. Zingale said the Rutland Regional Planning Commission together with the Town Planning Commission sent out the invitations.

Rutland Town Police Chief, Mr. John Sly, reported that there is counterfeit money circulating in our area. Mr. Sly said the currency include $100.00, $50.00, $20.00 and $10.00 bills.

Captain Sly encouraged individuals to look closely at their money when receiving change. He said he and Captain Faignant are available should any residents have any questions.

Chief Sly said internet fraud is also on the rise and he cautioned individuals that if it looks too good to be true, it really isn’t what it purports to be. He said individuals should report such frauds to the authorities.

Chief Sly encourage town residents to keep an eye on their neighborhoods and to report any suspicious activities or individuals.

Captain Faignant showed the Board several photos, which depict the parking of vehicles along Chasanna Drive. Captain pointed out in one photo where a vehicle was blocking access to a fire hydrant. Captain Faignant also pointed in another photo, where there was no room for a vehicle to get between two vehicles parked on the Chasanna Drive / Sanborn Place intersection. Captain said a fire truck would not be able to pass between the vehicles.

Mr. Rhodes asked if there was a sign stating, “it is not” an access to Northwood Park. Captain Faignant said there is no sign and that the vehicles belong to people that do not go to Northwood Park. Mr. Rhodes cited the fact that Sanborn Place is a private road and that the Town could not regulate its use.

Town Planning Commission Chairman, Mr. William Matteson, said he thought a sign was going to be put up to tell people not to park on the private road, since it is not an access to Northwood Park. Mr. Matteson said it is important that people only used the approved entrances to Northwood Park.

Mr. Matteson and Mr. Rhodes and others discussed the matter further and no action was taken. Mr. Del Bianco questioned if the Town’s “Road Obstruction

“ Ordinance would be of use. The feeling was that the “Road Obstruction” ordinance would not be of help since it does not address parked vehicles.

Mr. Faignant explained to the Board how he plans to track a batch of his traffic tickets through the State processing system.

Mr. Rhodes informed the Board that he had checked with Manchester Town manager Mr. John O’Keefe, regarding the State’s administration of the 1% tax. He told Board members that he expects the tax to be all screwed up.

Mr. Rhodes said Mr. O’Keefe told him that the State gets 30% of the 1% tax and additionally gets $7.50 per quarter per business return. Mr. Rhodes said Manchester started by sending the State $7,000.00 a year in the administrative fee and is now up to $12,000.00 a year.

Mr. Rhodes said while the State’s revenue is going up the Town of Manchester’s revenue is going down. Mr. Rhodes said the State has refused to tell Mr. O’Keefe, where the money is going and who is paying it and who is handling it. Mr. Rhodes said the State will not give Mr. O’Keefe any information what so ever. Mr. Rhodes said the State is mishandling the tax. Mr. Rhodes said according to Mr. O’Keefe the money from the State is generally received generally two months after the end of the quarter. Mr. Rhodes said Mr. O’Keefe said the Board should list the money as a line item, on the revenue side, in the next budget and then deduct it from taxes.

Mr. Rhodes said the Town does not know how much money it will receive. Mr. Rhodes said the money would be deposited directly into the Town’s account. Mr. Rhodes said Mr. O’Keefe suggested Rutland Town be conservative when making budgets.

Mr. Rhodes said that according to Mr. O’Keefe the State had a glitz in the notification process and failed to notify any restaurants in Manchester and instead notified all the restaurants out side of Manchester. Mr. Rhodes said it is just a continual nightmare from the traffic ticket revenue to the one percent.

Mr. Rhodes and Mr. Zingale discussed the matter and Mr. Zingale cited the fact he had informed the Board prior to the vote that the State of Vermont would get 30% of the 1% revenue collected and an administrative fee. Mr. Rhodes said he had not been aware of the administrative fee of $7.50 per business. Mr. Zingale said he would have told the Board the amount of the Administrative fee except no one on the Board inquired as to the amount.

Mr. Rhodes said Mr. Zingale should not take the matter personal. Mr. Rhodes said the point is the State is screwing up the process, again.

Mr. Hall moved to go into executive session with the Town attorney to discuss personnel issues. Mr. Terenzini made a second to the motion. The motion passed unanimously.

The Board came out of executive session at 8:58 P.M. and took no action.

Town Clerk & Treasurer Marie Hyjek asked the Board to sign a Liquor license. Ms. Hyjek informed Board members that they now have to also sign tobacco licenses.

Mr. Hawley moved to approve The 99 restaurant Liquor license. Mr. Terenzini made a second to the motion. The motion passed unanimously.

Mr. Rhodes said he wants to make sure the Board places the Veteran’s Exemption increase on the ballot. Ms. Hyjek and the Board discussed the matter.

Ms. Hyjek said she is waiting for a return call from VLCT regarding whether the Town can have a deconstructed budget on the March Ballot. Ms. Hyjek said if the deconstructed budget is not allowed then the Town would have to vote on all budgets in one vote.

Mr. Zingale reported to the Board on the topics:

1) Told the Board that he will not pursue a contract with Carter Graphics due to the state of the economy and the fact the prospective map maker would charge more that what the Town currently pays for annual property maps.

2) Informed the Board Carol Swan will no longer type the Board’s minutes. Mr. Zingale said he will type the Board minutes in order to save money and because he has more time now that things are slowing down. Mr. Zingale told the Board he assured Ms. Swan that her minutes were fine and that the change is designed to save some money.

3) Mr. Zingale informed the Board that he had cancelled the Verizon DSL connection to the Town Office. Mr. Zingale said all town computer users are now connected to Comcast.

4) Told the Board the Child Protection Ordinance will become effective on January 24, 2009.

5) Informed the Board that the Rocklyn Company has an Act 250 hearing scheduled for January 29, 2009. Mr. Zingale said he planned to attend the hearing.

6) Mr. Zingale told the Board that the computer anti-virus program AVG (paid version) had been installed on all the Town’s computers with the exception of Mr. Zingale’s laptop. Mr. Zingale said he would continue to use the free version on the laptop. He said to have included the laptop would have required the Town to purchase an additional license.

7) Informed the Board he would be meeting with an individual regarding the Town water project later in the week.

8) Mr. Zingale gave Board members a copy of the annual Weight Limit report, which he will send into the State before the February deadline. Mr. Zingale also gave Board members a letter from Town Forester Mr. Bob Burt regarding the Northwood Park logging job.

9) Informed the Board that he has learned one of the Stores at the Mall will be closing.

The Board reviewed packet correspondence.

Mr. Terenzini said the Taxpayers should be very happy when they see the new Recreation Budget.

The Board considered a request for a $250.00 contribution to the Natural Resource Conservation District (NRCD) for 2009. The Board and Ms. Hyjek discussed whether the Town had donated to the NRCD previously. Ms. Hyjek will check and report back to the Board.

Mr. Terenzini said if the Board is going to start the meeting at 6:30 PM it would look silly filming the Board for twenty-five minutes signing orders. Mr. Terenzini said the Board should open the meeting with the pledge then shut the camera off until ready to begin with the agenda. Mr. Rhodes said as long as it is part of the meeting and on the record. Ms. Hyjek said it would be on the record when the meeting is opened.

The Board discussed setting dates to work on municipal budgets. The Board will meet on 1-14-09 at 2:30 PM. to work on the Highway Budget and 1-15-09 at 3:00 PM.

Mr. Hawley questioned Mr. Zingale regarding whether the Town has received the Park & Ride funding from the State of Vermont. Mr. Zingale said the Town had not yet received a check.

Mr. Terenzini moved to adjourn the meeting at 9:22PM. Mr. Hawley made a second to the motion. The motion passed unanimously.