TOWN OF RUTLAND

SELECT BOARD

March 17, 2009

MINUTES:

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

The Meeting opened at 6:30 P.M. The Board signed orders for twenty-six minutes.

The Board and those in attendance recited the pledge of allegiance.

Town Clerk Ms. Marie Hyjek opened the floor for nominations for Board Chairman. Town Administrator placed a phone call to Mr. Richard Del Bianco, who could not attend the meeting. Mr. Hall nominated Mr. Rhodes. Mr. Zingale told Mr. Del Bianco that Mr. Rhodes had been nominated for Board Chairman. Mr. Dicton made a second to the motion. The motion passed by a vote of 3 to 1. Mr. Terenzini voted in the negative.

Mr. Del Bianco nominated Jim Hall as Board Clerk for 2008-2009. Mr. Rhodes closed the nominations for Board Clerk. The motion passed by a vote of 4-0.

The Board reviewed the March 2, 2009 minutes. Mr. Hall moved to approve the minutes as corrected. Mr. Terenzini made a second to the motion. The motion passed unanimously.

Town Recreation Commission Chairman, Mr. Rick Del Bianco reported:

• The National Guard has requested permission to hold a family party at the Northwood Park pool on Sunday June 14, 2009. The event would run from 9:00AM to 4:00PM. Mr. Del Bianco said there would be about 80 soldiers and 200 individuals at the party. Mr. Del Bianco recommended the normal $150.00 fee be waived. Mr. Rhodes asked if the event would be open to the public. Mr. Del Bianco said the event would be open to the public. Mr. Terenzini moved to allow the National Guard to use the Town pool and to waive the $100.00 fee. Mr. Hall made a second to the motion. The motion passed unanimously.

• Presented a copy of the contract for the new men’s softball league to play in Rutland Town. The Board discussed the contract with Mr. Del Bianco. Mr. Del Bianco said the league would pay $1,500.00 to the Town at the start of play and the balance of $1,500.00 due either the last week in June or the first week in July. Mr. Zingale cited the fact the softball games would be played on land at Northwood Park owned by the Town School Board and not the Select Board.

Mr. Terenzini cited the fact the league also plans to use Dewey Field, which is owned by the Board. Mr. Dicton asked if the league would be a Town league. Mr. Del Bianco said individuals from different towns would play in the league. Mr. Del Bianco said he does not know if any town residents will play in the league. Mr. Del Bianco said the league would run from May through August. He said they might do some weekend tournaments as a fundraiser. Mr. Del Bianco will speak to the School Board.

• Inquired as to the status of the Pool building repairs. Mr. Zingale said the Quinn Company plans to start the work next month and plans to be finished in early May.

• Inquired as to the status of hiring a maintenance person. Mr. Terenzini said the Board had received only one application. The Board discussed the matter with Mr. Del Bianco. Mr. Rhodes asked if the members of the softball league would prepare the softball field for their games. Mr. Del Bianco said the maintenance person would prepare the filed for the new softball league. Mr. Terenzini moved to hire Jeff Cassarino for the summer of 2009 to be our part-time maintenance person for Northwood and Dewey fields.

Mr. Dicton made a second to the motion. Mr. Rhodes and Mr. Del Bianco discussed how many hours per week Mr. Cassarino will work. Mr. Del Bianco said he would work between 30 to 40 hours per week. Mr. Rhodes reminded Mr. Del Bianco that the Board had previously been told the maintenance person would work 25 to 30 hours per week. The motion passed unanimously. The Board and Mr. Del Bianco discussed how much Mr. Cassarino would earn per hour. Mr. Terenzini moved to pay Mr. Jeff Cassarino $10.00 per hour for the maintenance position. Mr. Hall made a second to the motion.

• Mr. Del Bianco said baseball registration would begin on March 18 at the school lobby. He said the registration fee is $25.00 Mr. Del Bianco said registration forms would also be available at the Town Clerk’s Office.

• Mr. Del Bianco reminded the Board that in the past they have talked about purchasing a generator to run the pitching and tennis ball machines. Mr. Del Bianco said the Commission would like to purchase possibly two $700.00 generators, which would power the two machines. Mr. Del Bianco said the Commission would also like to purchase a combination pitching / tennis machine for Northwood Park so both Dewey Field and Northwood Park will have machines. Mr. Del Bianco said last year the Commission had $13,000,00 left in their budget and the year prior the Commission had $10,000.00 left in their budget.

Mr. Del Bianco said every year there is money left in the budget and when the Commission recommends a purchase the Select Board says no and send the money back to the taxpayers. Mr. Terenzini said the Commission should purchase one generator to go with the one pitching machine. The Board discussed how much money is in the Commission’s budget. Mr. Dicton asked if other nearby town have the equipment, which the Commission wants to purchase. Mr. Del Bianco said Proctor has machines and three playing fields. Mr. Del Bianco said the funds would come the athletic equipment budget. Ms. Hyjek said there is $5,400.00 in the athletic budget. Mr. Hall moved to purchase one new generator. Mr. Terenzini made a second to the motion. The motion passed unanimously.

The Board discussed the status of the proposed Zoning Regulations. Mr. Terenzini asked why the Chairman of the Planning Commission was not present. Mr. Zingale said Mr. Matteson was out of Town on business. Mr. Rhodes cited the fact the Board has held two public hearing as well as scheduling a discussion under old business on the Board’s agenda. Mr. Rhodes cited the fact no one was present to discuss the proposed regulations at the current meeting. The Board discussed their options as to how to proceed with the proposed zoning.

Mr. Terenzini suggested the Board send the regulations to a Board subcommittee. Mr. Rhodes said if substantial changes are made the regulations would go back to the Planning Commission for review before being sent back to the Select Board for consideration. Mr. Rhodes said the committee should have no more than one month to work on the regulations. Mr. Terenzini said the subcommittee should not include a planning commissioner.

Town Planning Commissioner, Mr. Richard Lloyd told the Board that he agrees with Mr. Terenzini’s suggestion to create a sub committee to review the regulations. Mr. Lloyd said there is a lot of cleaning up to do with the document. Mr. Lloyd said the document should be very basic and amendments added as they are needed. He said the current document is totally ridiculous. Mr. Dicton said he like Mr. Terenzini’s and said there should be a two-month time limit.

Mr. Rhodes and Mr. Hall said Mr. Zingale should work with and assist the committee. Mr. Terenzini said he would not serve on the committee because he is 100% against the proposed regulations. He said it would be hard to have an objective attitude when working on the document. Mr. Terenzini said if no one else wants to be on the committee he would be on the committee. Mr. Hall and Mr. Rhodes said they would serve on the review committee.

Mr. Rhodes said the committee would do its work then the Select Board would review the document before sending the regulations back to the Planning Commission. Mr. Terenzini moved for the Select Board to form a sub committee to include Stan Rhodes, Jim Hall and Joe Zingale with a two month time period to review the zoning document and make changes that seem fit to bring to the full Board two months from tonight. Mr. Hall made a second to the motion. Mr. Rhodes thanked Mr. Lloyd for attending the meeting. The motion passed unanimously.

Mr. Terenzini said the Board has heard from a few people that want the document and he said there is a majority of the community who do not understand what is in the document.

Town Representative to SWAC, Mr. Charlie Shields reported:

• The next hazardous waste collection day is April 11, 2009

Town Representative to the Rutland Regional Transportation Council, Mr. Charlie Shields reported:

• Mr. Shields informed the Board regarding rail projects in New York State and Massachusetts that could affect train traffic in Rutland.

Town Representative to the Rutland Regional Planning Commission, Mr. Fred Nicholson reported:

• Said the RRPC budget is still a concern. However, he said it looks like the RRPC will okay this year. Mr. Nicholson said the RRPC Staff would contribute 12% toward their healthcare.

• Mr. Rhodes said if the Town forms an Energy Committee he would like Mr. Jerry Stearns to be on the committee.

Mr. Dicton said he wanted to make a statement for the minutes. Mr. Dicton said he is employed by CVPS and that anytime the Board has to consider voting regarding CVPS he will abstain from that particular item. Mr. Dicton requested his statement in written form. Mr. Zingale said he could get a copy of the minutes.

Mr. Nicholson said there might be Federal stimulus funds available in the next round of funding to fund some of the energy work being proposed by energy committees.

Mr. Nicholson and the Board discussed the Rutland Commons Act 250 permit approval.

Town Road Commissioner, Mr. Byron Hathaway reported:

• Submitted two highway grant Applications for Board signature. He said one application is to replace an old stone culvert on the Creek Road and the other application is for class 2 paving grant. Mr. Hathaway said it is important to keep applying for grants so the State knows what needs to be done. Mr. Hathaway said because so many towns have cut back on their summer paving the Town may stand a good chance in getting funded.

Mr. Rhodes said the Highway Structures Grant application is for $15,351.00 and that the Class 2 paving application is for $216,200.00. Mr. Hall made a motion to apply for the two grants and to authorize Mr. Stan Rhodes Board Chairman to sign for the Board. Mr. Dicton made a second to the motion. The motion passed unanimously.

• Mr. Hathaway gave the Board a copy of his annual financial plan, which he recently put together with the District Transportation Administrator (DTA). Mr. Hathaway informed the Board that he had been advised by the local DTA to apply for the same amount of State Highway aid as last year. Mr. Hathaway cited the $106,429.00 figure, which he plans to submit. Mr. Hathaway said if the Town receives the requested amount and if the 1% tax brings in the anticipated $100,000.00, both would substantially reduce the amount that would have to be collected in taxes. Mr. Hathaway said the Board should know prior to setting the Tax rate whether the town receives the State highway money.

• Mr. Hathaway informed the Board that the highway department will be a little over budget for winter work.

• Mr. Hathaway said he would inform the highway committee when a planned meeting is scheduled to discuss highway issues with the County’s three State Senators and area Legislators.

• Mr. Hathaway informed the Board that several Town street signs from the Quarterline Road area were recently taken. Mr. Hathaway said a typical non-compliant sign would cost about $30.00 He said a compliant sign would cost $85.00. Mr. Hathaway said he plans to replace the sign with a non-compliant street sign. Mr. Hathaway said by Federal Law all town street signs must be compliant by 2013.

• Mr. Hathaway reminded the Board that they planned to meet with Mr. Steve Wilk to discuss summer paving in early April. Mr. Rhodes questioned if there is a need to meet with Mr. Wilk. Mr. Rhodes said the Board should just rebid the contract. Mr. Rhodes said Mr. Zingale should contact Mr. Wilk and inform him the Board has decided to rebid the contract.

Mr. Hall & Mr. Terenzini agreed with Mr. Rhodes. Mr. Rhodes said the contract with Wilk was void last year when Wilk said he could not pave at the agreed price. Mr. Terenzini said the biggest bang for the buck for the taxpayer is to combine this year’s summer paving with last years and award a $700,000.00 to $800,000.00 contract. Mr. Hathaway said the cost of liquid asphalt is now under $400.00 a ton. Mr. Rhodes said the liquid asphalt was $804.00 a ton last October.

The Board and Mr. Hathaway discussed town roads that need work. Mr. Hall suggested Mr. Hathaway consider prioritizing more roads since the market price of the liquid asphalt is dropping.

· Mr. Hathaway questioned what the Select Board plans to do with the $30,000.00 raised from the sale town timber. Mr. Hathaway requested the Board hold a meeting to discuss what can be done with the funds rather than to just blend the money into the general fund where it will disappear. Mr. Hathaway said he has no idea what the Town did with $10,000.00 in timber revenue from the 1980”s. Mr. Hathaway said there is no mention of the funds in any of the Town Reports fro the 1980’s. Mr. Rhodes asked Mr. Hathaway to come up with a list of what could be done with the money.

Mr. Hall and Mr. Dicton inquired if the West Rutland Forest needs to be re-forested. Mr. Nicholson said the forest does not need to be re-forested. He said re-forestation is not an issue in the Northeast United States. Mr. Nicholson said the harvest was not a clear-cut rather an individual tree selection with some small groups.

Mr. Lloyd reported the Planning Commission is working on two subdivision applications and recently conducted two site visits. Mr. Zingale informed the Board that the Planning Commission received a $14,500.00 grant to revise the Town Plan. Mr. Zingale said the Planning Commission has spent $14,888.27 to date.

Town Police Captain, Mr. John Paul Faignant reported:

• Reminded individuals that they need to share the road with pedestrians and others using the roads now that the weather is better.

Mr. Rhodes questioned Mr. Faignant regarding why the Town Police department is not eligible for federal stimulus money. Mr. Faignant said the Town is not eligible because the Town does not have a main computer to keep law enforcement statistics and because the town Police Department does not meet the minimal size to be eligible.

Mr. Rhodes suggested something be worked out with the Town Administrator’s computer. Mr. Faignant said only certified law enforcement personnel could have access to the police data. Mr. Faignant said a stand-alone computer is a requirement.

Mr. Rhodes questioned Mr. Faignant regarding the status of the miss-directed traffic ticket revenues. Captain Faignant said he cannot track a ticket and is getting court dates, since last fall. Ms. Hyjek said the Town is still getting bills from Rutland City.

Mr. Dicton asked how board members could view what the Town police officers have submitted. Captain Faignant said each officer keeps his own records and then quarterly gives them to the Chief to add to his records. Mr. Faignant said he submits his batches to the Board on a monthly basis.

Town Clerk & Treasurer, Ms. Marie Hyjek reported:

• The Town is down to holding the remaining 10% of the $162,000.00 contract amount it has with The Wright Appraisal Company. Ms. Hyjek said there is a little more than $31,000.00 remaining in the Town’s account. Ms. Hyjek said the Town has spent almost $10,000.00 on the Town’s two Listers over the past two quarters. Ms. Hyjek said there is $4,000.00 in the General Fund for Tax Appeals, if needed. Ms. Hyjek said all reappraisal expenses are coming out of a special money market account set up for the project.

• Told the Board that she had received calls from a couple of high schools, which informed her there had been miscommunication as far as the students receiving the applications in a timely manner. March 20, 2009 was the application deadline, according to Ms. Hyjek.

Ms. Hyjek said she has been asked to extend the application deadline to March 27, 2009. Ms. Hyjek said she did not want any student to miss out because they did not get the application in time or because the guidance counselor did not get the application reviewed. Mr. Hall made a motion to extend the deadline to March 27^th Mr. Terenzini made a second to the motion. The motion passed unanimously.

· Informed the Board that the dog registration due date is April 1^st. She said the fees remain the same at $15.00 and $19.00 dollars. Ms. Hyjek said the State might increase the fee by $2.00 prior to April 1^st.

· Mr. Terenzini moved to sign the Panda Pavilion and the Ponderosa’s Liquor licenses for this year. Mr. Hall made a second to the motion. The motion passed unanimously.

Town Administrator, Mr. Joseph Zingale Jr., reported:

· Informed the Board of a parking problem on Pamela Drive. Captain Faignant said he had not yet had a chance to speak to the individual that is causing a problem for their neighbor.

· Told the Board that VELCO has received a State permit to enlarge their septic system from 120 employees to 180 employees.

· Informed the Board that Casella Waste Management Inc. charged the Town a Consumer Price Index (CPI) rate increases the past two years. Mr. Zingale said the Town’s contract with Casella does not contain a provision for CPI rate increases. Mr. Zingale told the Board that an individual at Casella Waste Management Inc. said the Town would not be charged a rate increase for 2009. Mr. Zingale said the Town was also charged a $10.00 per ton rate in crease in 2005, which he said might also have been not allowed in the contract.

· Briefed the Board regarding the RRPC’s Us Route 7 Study “Build out analysis”. Mr. Zingale said according to the computer model (used by the RRPC) a total of 8 new commercial building are projected to be built in Rutland Town (in the study area) over the next 20 years. Mr. Zingale said the model predicted 1483 more building would be built in the Town of Clarendon during the same time period. Mr. Zingale said approximately 25% of the new building would be commercial and the rest would be residential. Mr. Zingale said the model predicts a total of 58 new building will be built in Rutland Town. Mr. Zingale said the computer model assumes that every inch of land is buildable. Mr. Zingale said without public sewer service nothing might get built. Mr. Zingale said so far so good with the US RT7 Corridor Study. Mr. Zingale said the study is 22 pages in length.

· Informed the Board that CVPS would be meeting with the Planning Commission on Thursday March 19, 2009 to review their proposed solar power generation facility.

· Mr. Zingale informed the Board that the Planning Commission had not yet held their Re-Organization meeting to elect a new Chairman.

· Presented a public sewer allocation request for 300 gallons per day from Mr. Dave Macchia, owner of the formed NAPA Auto building. Mr. Zingale said Mr. Macchia has already paid the $1,500 connection fee. Mr. Hall moved to approve the 300 gallons per day request. Mr. Terenzini made a second to the motion. The motion passed unanimously. Mr. Zingale told the Board that the property would pay the City Ad Valorem tax for the next ten years.

· Alerted the Board to a possible flood plain violation in Center Rutland. Mr. Zingale said he would look into the matter.

· Requested and received permission from the Board to lobby State Representative Jim McNeil to support the restoration of funds to the State Highway budget.

Mr. Hall moved to reappoint; Israel Mac as Weigher of coal, Anthony Belock, Marshall Fish & Charles Hemenway as Fence Viewers, Fred Nicholson as Tree Warden and Byron R. Hathaway as Inspector of Wood. Mr. Terenzini made a second to the motion. Mr. Rhodes and Mr. Terenzini discussed whether Mr. Rick Del Bianco believes he is up for reappointment. Mr. Terenzini made a motion to reappoint Mr. Richard Del Bianco to the Town Recreation Commission. Mr. Hall made a second to the motion. The motion passed unanimously. Mr. Zingale is to contact Mr. Paul Williams to see whether he is interested in being appointed Town Pound keeper to replace his grandfather Mr. Sherwin Williams.

The Board reviewed packet correspondence.

Mr. Terenzini said he would like the Board meeting to be a little more professional. Mr. Terenzini cited the way the audience talks during the meeting and the fact that sometime people speaking do not sit at a microphone, which make it hard for the TV audience to hear the individual.

Mr. Rhodes asked Mr. Terenzini if he would like one of the Constables to be a Sergeant At Arms. Mr. Terenzini said he did not think it would be necessary to have a Constable to do so.

Mr. Terenzini said he would like to see the Board form an accountability policy for Department Heads. Mr. Terenzini said he hears more and more from Town residents that the Town needs a Town Manager. Mr. Terenzini said he is not in favor of a Town manager. He said the Town needs an accountability policy because the board members are part time and may not know everything that is going on.

Mr. Terenzini said he will hear something at the Transfer Station or at a School meeting, which the Board should have known about. Mr. Terenzini said the Board needs a very basic accountability policy, which states fulltime department Heads need to check in with Town Hall, the Chairman of the Board or Mr. Zingale more often. Mr. Terenzini said the Town should know of some incidents with in 24 hours.

Mr. Terenzini cited a recent incident where the Town loader went into a woman’s drywell. Mr. Terenzini said he learned of the event from an individual that lives in Pittsford. Mr. Terenzini said he had to ask Mr. Hathaway in order to be told of the incident.

Mr. Rhodes said the Board has a policy with the Fire Department that if a truck goes out of Town a Select Board member must be notified. He said the Board also has said if the highway truck breaks down someone should be told.

Mr. Terenzini said the Board needs to get something down on paper that addresses the issue. Mr. Rhodes asked which departments Mr. Terenzini is considering. Mr. Terenzini said he thinks all full time departments; especially the Highway and Police departments should be reporting. Mr. Terenzini said things would be better of if the departments were more accountable. Mr. Hall said he would draft a policy and he encouraged all members to offer input.

Mr. Nicholson reminded the Board that department Heads are elected and do not work for the Board. Mr. Nicholson cautioned Board members not to micro manage the departments. Mr. Nicholson said the Town has some pretty good department heads that he feels are doing a really good job for the Town.

Mr. Terenzini said he is in no way trying to do what Mr. Nicholson suggested. Mr. Terenzini said the Police Chief and Road Commissioner are elected he said they are still hired in their other roles. He said it is their other roles that pay the bills and not their figurehead positions.

Mr. Terenzini said he is talking about the Police Chief and the Road Foreman. Mr. Hathaway said he is the elected Road Commissioner and that the Town does not have a Road Foreman. Mr. Hathaway said by state law he answers and is controlled by the Select Board and has the powers that have been allocated by the Select Board.

Mr. Hathaway said he has been very accountable to the Board over the past nine years and he cited the fact that he is the only Town Department Head that submits a daily activities report. He said he takes exception to Mr. Terenzini’s comments and hope they can disagree and still be friends and work together. Mr. Hathaway said the Board does not receive a daily report from The Listers or the Town Clerk. He said the Board has no idea what they are doing. He asked if the Board knows what Mr. Zingale does on a daily basis. He said they do not know what he does. Mr. Rhodes said he did not think the activities report is necessary.

Mr. Hathaway said he volunteered to submit the activities report to have an open line of communication with the Board. Mr. Hathaway said he is for an accountability policy. He said it should be clear enough so that everybody understands the policy.

Mr. Terenzini said he appreciates Mr. Hathaway’s input. He said he was not trying to criticize or put down Mr. Hathaway.

Mr. Zingale told Mr. Terenzini that the people who feel the Town needs a manager probably don’t realize how few employees work for the Town. Mr. Zingale said there are seven full time employees and that some are elected. Mr. Terenzini told Mr. Zingale that Castleton has a Town Manager.

Mr. Zingale said your basically talking about bringing in a $90,000.00 individual to watch two non-elected employees. Mr. Zingale said that is ridiculous. Mr. Terenzini said he is not in favor of a manager and that he is sorry if he has stepped on any toes.

Mr. Shields asked if the Board gets a regular animal control report. Ms. Hyjek said she has not received a report in quite some time. Mr. Rhodes informed the Board of a recent dog bite incident.

Mr. Rhodes said the Deputy Sheriff questioned why the Town hires the Sheriff’s Department when he has only had one dog complaint since he started work last fall. Mr. Rhodes said he is considering doing something different in July. The Board discussed how it might change the handling of animal control.

Mr. Hall made a motion to go into executive session to discuss a note. Mr. Zingale said Mr. Hall needs to state the reason in his motion to go into executive session. Mr. Hall said the matter is a complaint. Mr. Zingale said that he believes the person subject to the complaint has the right to be notified prior to the Board discussing the complaint.

Mr. Hall withdrew his motion.

Mr. Hall moved to close the meeting at 9:15 P.M. Mr. Terenzini made a second to the motion. The motion passed unanimously.