TOWN OF RUTLAND
SELECT BOARD
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:
Not
present
Town
Road Commissioner: Mr. Byron
Hathaway reported:
Not
present
Police
Department: Chief John Sly reported:
Not
present
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.