TOWN OF RUTLAND
Board members present: Stanley Rhodes III, Steve Hawley, Joshua Terenzini and Joe Dicton
The Meeting opened at 6:30 P.M.
The Board conducted two dog complaint hearings. Town Police Captain Mr. John Paul Faignant presented evidence as to how both dogs are nuisances under the Town’s Dog Control Ordinance.
Mr. Faignant informed the Board that a dog owned by the Garrow & Alexander has been a nuisance for the past 4 to 5 years. Mr. Faignant said all of the immediate neighbors to Garrow & Alexander have complained regarding the dog(s) barking.
Mr. Faignant said Garrow & Alexander have not replaced the batteries in the dog’s bark collar. Mr. Faignant requested the Board send a letter to Garrow & Alexander stating that based on the evidence presented their dog is a nuisance and if the Board receives any further complaints it will take further action. Mr. Faignant said the dog lives in Flory Heights.
Mr. Rhodes cited numerous letters submitted regarding the dog (s) barking. Mr. Faignant cited the fact the he and officer Ed Dumas and Chief John Sly all have made numerous trips to respond to complaints.
Mr. Hawley moved for the Board to send them (Garrow & Alexander) letters dealing with the maintenance of collars and or fences so that the Board does not receive any more complaints and if the Board receives more complaints will take further action. Mr. Terenzini made a second to the motion. The motion passed by a vote of 3 to 0.
Mr. Faignant presented evidence regarding two dogs owned by Lisa McCullough Smith on Hitzel Terrace being nuisances. Mr. Faignant presented the Board with a 10-year history more than 26 police involvements.
Mr. Faignant said the two dogs have bitten other dogs and cats in the neighborhood and have threatened kids and adults. He said the dogs are running free and barking incessantly.
Mr. Faignant said on several welfare checks they have found that the dogs are not being fed and kept-up. Mr. Faignant cited the fact that Ms. McCullough Smith had previously surrendered her shepherd that was in very bad medical condition. Mr. Faignant said two Shar Pei’s are clearly a nuisance and vicious. Mr. Faignant said the dogs have to be taken out of the neighborhood and if no one will adopt them they will have to be disposed in a humane manner.
Mr. Faignant submitted statements from 8 neighbors regarding the Shar Pei dogs threatening people. Mr. Faignant requested the Board determine under section Eight Part © that the dogs have been found to create a nuisance and are vicious dogs and the dogs should be collected and disposed.
Mr. Faignant and Board members discussed various matters associated with the McCullough Smith dogs. Mr. Terenzini made a motion for the Town to take custody of the two dogs from Lisa McCullough from the Hitzel Terrace neighborhood and for Captain Faignant to take them to the Rutland County Human Society. Mr. Hawley made a second to the motion. The motion passed by a vote of 3 to 0.
The Board adjourned the Dog hearing(s) at 6:40 P.M.
All rose for The Pledge of Allegiance to the United States Flag.
Town Clerk & Treasurer: Ms. Marie Hyjek reported:
Mr. Rhodes cited the fact that individuals will request either a Republican or Democratic ballot at the March election. Ms. Hyjek said an individual in not declaring a party, simply which ballot they chose to use. Ms. Hyjek said someone with a Republican ballot could vote for a Democrat with the ballot. Mr. Rhodes cited the fact there will not be any independent ballots.
Ms. Hyjek said someone that is 17 but will turn 18 before the November election can vote in the march primary.
She told the Board that the Rutland County Child Center is not on the ballot because they were not on last year’s ballot and should have submitted a petition. All Board members said they feel their policy works and will continue requiring a petition to get on the ballot.
Mr. Rhodes read a March ballot item regarding whether corporations are people and proposed legislative action to overturn the court decision making corporations like people. Mr. Rhodes said it is up to the organization that placed the item on the ballot to explain it to the public.
Mr. Rhodes read the proposed ballot item seeking $9,000.00 to develop building plans for future renovations to the Center Rutland Fire Station.
The Board reviewed the January 3, 2012 minutes. Mr. Terenzini moved to accept the 1-3-12 minutes with corrections. Mr. Hawley made a second to the motion. The motion passed by a vote of 4 to 0.
There were no Questions from the floor.
Solid Waste Alliance Communities & Rutland Transportation Council: Mr. Shields reported:
Planning Commission: William Matteson
Town Administrator: Mr. Joseph Zingale reported:
Mr. Rhodes read a letter from the Giancola Construction Company regarding the additional cost of replacing a boarded up window with a new window. Mr. Rhodes said the cost would be $1,115.00. Mr. Rhodes said with the additional cost the second lowest bidder is still about $3,000.00 more than the Giancola bid. Mr. Terenzini said the second lowest bidder is about $6,000.00 more than the Giancola bid.
Mr. Terenzini move to continue to go with Giancola Construction by adding $1,115.00 to their original base bid for a total of $12,515.00. Mr. Hawley made a second to the motion. The motion passed by a vote of 3 to 0. Mr. Dicton did not vote.
The Board discussed the proposed traffic study contract with the Resource Systems Group. Mr. Zingale said the Town share of the project cost would be $1,750.00. Mr. Zingale informed the Board that he had received confirmation that Farrell Distributing had sent in $1050.00 toward the study. Mr. Zingale said the business would contribute on the same percentage as the first contract. Mr. Rhodes said if someone backs out the Town is not going to be on the hook for their amount. Mr. Hawley moved to approve $1,750.00 for the second part of the slip lane study. Mr. Dicton made a second to the motion. The motion passed by a vote of 4 to 0.
Fire Chief: Joseph Denardo reported:
Recreation Director: Mike Rowe reported:
Mr. Rhodes told Mr. Rowe that in the future he needs to initial all recreation pay request that go before the Select Board.
Regional Planning Commission Mr. Fred Nicholson reported:
Town Road Commissioner: Mr. Byron Hathaway reported:
Police Department: Chief John Sly reported:
The Board reviewed packet correspondence.
Mr. Rhodes read a letter regarding a Corrective Action Plan for the Flory Plaza. Mr. Rhodes read a letter regarding democratic and republic ballots for the March election. The Board discussed setting up a special account to place surplus money to keep it in the general fund.
Mr. moved to close the meeting at 8:07 P.M. Mr. made a second to the motion. The motion passed by a vote of 4 to 0.