MINUTES: January 17, 2012


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:


  1. Briefed the Board regarding a recent Vermont Superior court decision regarding access to public records and what she has done to comply. She said the changes have to do with protecting an individual’s income privacy.

    (Mr. Dicton joins the meeting)


  1. Cited the fact she gave the Board the traffic study revenue information, which had been requested.


  1.  Cited the fact she had given Board members copies of the Audit report.


  1. Told the Board that per the request of Town Lister Howard Burgess the Town is switching property transfers to reflect the actual parcel identification. She told the Board she checked with Division of Property Evaluation and that they do not have a problem with the Town switching. Ms. Hyjek told the Board the Town has always used the map numbers.


  1. Ms. Hyjek announced the date and time of the Annual Town meeting


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:


  1. Told the Board that a bill has been introduced in the Legislature that would place a deposit on water bottles and other bottles presently not covered under the law.


Planning Commission: William Matteson


  1. Told the Board that Ms. Susan Schreibman would be working on the zoning regulations in Mark Blucher’s absence. Mr. Matteson briefly discussed the adoption process with Mr. Rhodes. Both Mr. Rhodes and Mr. Matteson wish Mr. Blucher a positive and speedy recovery.


  1. Mr. Matteson told the Board that he had requested a letter from the Aldi Grocery Store owners regarding support for the Town proposed service road.

Town Administrator:  Mr. Joseph Zingale reported:


  1. Presented two requests on behalf of Aldi’s. A request for the Board to waive the public notice requirement (by the City of Rutland to the Town of Rutland) for notification of the Aldi’s Rutland City DRB hearing. Mr. Hawley moved to approve the waiver of paragraph 6016 of the City of Rutland subdivision regulations requiring notice be give to adjoining towns. Mr. Terenzini made a second to the motion. The motion passed by a vote of 4 to 0.
  2. Informed the Board that Aldi’s needs the Town to sign, as a co-applicant in order for Aldi’s to construct a new sidewalk in the State of Vermont US RT 7 Road right of way.


  1. Informed the Board that he had spoken with Mr. Blair Enman of Enman Engineering and that Mr. Enman is preparing plans for the construction of a second 2000-gallon grease trap for the Ponderosa Restaurant.


  1. Discussed working with Pete Andrews of Stantec Engineering to relocate the Post Road sewer station electrical panel. Mr. Zingale said the proposed construction cost would be $170,000.00. He said eliminating the generator and reusing the existing control panel could reduce the cost. Mr. Rhodes said the funding would come from the water & sewer account, which has over one million dollars in the account. Mr. Rhodes said Mr. Andrews should over see the project and should meet with the bidders and conduct inspections. Mr. Rhodes said Mr. Zingale should begin the project. Mr. Zingale will get a proposed contract from Mr. Andrews for his work.


  1. Informed the Board that the Farnham family has offered three parcels of land to the Town at no charge. He said two parcels are very small and the third is .9 of an acre. He said one small parcel is at the end of Farnham lane and the other small parcel is at the end of Lilac lane.


  1. Informed the Board of a ribbon cutting at the Vermont State Employees Credit Union on February 14, 2012 at 4:00 P.M.


  1. Told the Board he is waiting to hear back from the three state legislators he wrote to regarding a meeting to discuss the Town proposed service road.


  1. Informed the Board that the residents living off Bittersweet Land would like to name their private driveway “Deer Run Place”. Mr. Dicton moved to name the road off Bittersweet “Deer Run Place”. Mr. Hawley made a second to the motion. The motion passed by a vote of 4 to 0.


  1. Informed the Board that Mr. Rob Howland, of Reunion Power in Manchester Vermont, would like to attend the next meeting to brief the Board on his company’s wind tower plans for Castleton, Ira, West Rutland and Pittsford.

    Mr. Terenzini requested Mr. Zingale update the Town’s Web site.


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:


  1. Gave the Board a list of the officers elected at the annual meeting. Mr. Denardo said the only change in the list of officers is the Training Officer. He said Mr. Craig Robideau would replace Mr. Steve Pulling. Mr. Rhodes read the names of the reelected officers. Mr. Denardo said the officers were elected in accordance with the bylaws. Mr. Dicton moved to approve the new slate of officers for the Fire Chief for calendar year 2012. Mr. Hawley made a second to the motion. The motion passed by a vote of 4 to 0.


  1. Mr. Denardo inquired if the Board wanted to make a decision on making Dingee Machine Company the Town preferred vendor for Town fire trucks. Mr. Hawley said he would like to wait until Mr. Hall is present to discuss the matter. Mr. Hawley said Mr. Hall would have some input in the matter.


  1. Mr. Denardo said the Department is moving forward with the design of a new pumper / tanker truck and that he would be meeting with Larry Dingee regarding a tanker truck presently under construction.


Recreation Director: Mike Rowe reported:


  1. Told the Board everything is running well


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.