TOWN OF RUTLAND
BOARD OF SELECTMEN MINUTES
Monday, August 31, 2015
Rutland Public Library
6:00 pm
PRESENT: Leroy C. Clark - Chairman, Stephanie Bacon - Clerk, Sheila Dibb and Wayne Walker. Also present: Margaret Nartowicz - Town Administrator and Diane M. Cook - Administrative Secretary. Absent: Michael S. Pantos.
6:00pm Mr. Clark called the meeting to order. Filmed by cable on channel 191.
Ms. Dibb made a motion to sign Warrant #5 and Payroll. Ms. Bacon 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to postpone the approval of the January 5, 2015 executive minutes for reason #2, executive minutes for reason @3 and minutes from January 26, 2105 pending a proper quorum. Mr. Walker 2nd the motion. Ms. Bacon abstained. Vote passed.
Ms. Dibb made a motion to accept the minutes from January 8, 2015. Mr. Walker 2nd the motion. Ms. Bacon abstained. Vote passed.
Mr. Walker made a motion to accept the minutes from July 20, 2015. Ms. Dibb 2nd the motion. Vote unanimous.
Ms. Bacon made a motion to accept the minutes from August 17, 2015. Ms. Dibb 2nd the motion. Vote unanimous.
Ms. Bacon made a motion to accept the executive minutes for reason #3 from August 17, 2015, not to be released. Mr. Walker 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to accept the minutes from August 26, 2015. Ms. Bacon 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to accept the executive minutes for reason #1 from August 26, 2015, not to be released. Ms. Bacon 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to accept the executive minutes for reason #2 from August 26, 2015, not to be released. Ms. Bacon 2nd the motion. Vote unanimous.
OPEN SESSION:
Bond Signing: Clark Rowell, Unibank and Rebecca Tuttle – Refinancing of $7.48 million in debt. A good portion is older bonds. Refinancing at 2% – 4% reaps approximately $1.6million in budgetary savings over the life of these loans. The town received an AA rating from Standard and Poors.
Mr. Rowell stated that there is a motion to make tonight which has been prepared by bond counsel. Mr. Rowell summarized the motion, authorizing, confirming and approving the refunding issue by the Board members, at the state coupon and bond rates.
The second page of the voting language is devoted to term bonds. There are 3 designated. It is more difficult to sell bonds in the last 10 years, so it is allowed to consolidate the term bonds to get a better rate. Official statement was prepared and the Board is approving the form with the approval of the Treasurer. The Town is entering into a disclosure statement. The terms and rates are reviewed annually and posted by the Treasurer. Further acknowledging a post issuance policy compliance. The Town is also voting that they are approving any other actions to finalize this matter.
Ms. Dibb make a motion that the Board approve and sign on all documents as referenced by Mr. Rowell and presented before us today in regards to the refunding of debt as per the documents that are currently held in escrow. Mr. Walker 2nd. Mr. Clark – aye. Ms. Bacon – aye. Ms. Dibb – aye. Mr. Walker - aye. Vote unanimous.
Ms. Dibb made a motion for the Board of Selectmen, as prepared by Unibank, to vote to approve the sale of $629,546.44 State Aid Anticipation Note of the town dated 9/10/15 (the “Note”), to Eastern Bank, at the price of $629, 546.44 is hereby approved and confirmed. The Note shall be payable on September 7, 2016, and shall bear interest at the rate of 0.75%. Mr. Walker 2nd. Mr. Clark – aye. Ms. Bacon – aye. Ms. Dibb – aye. Mr. Walker - aye. Vote unanimous.
Town Clerk Salary Evaluation – Anita Carlson appeared in response to the communication from the FinComm expressing their concern about the depth of the study that Mark Morse and Associates provided. Ms. Carlson stated that prior to last town meeting, both Mr. Nichols (chair of the FinComm) and Mr. Becker (then a Selectman) discussed the matter with Mr. Carlson and assured her that both FinComm and BoS were on the same page and that once the report was received, her salary would be adjusted.
Ms. Bacon asked about response from Mark Morse and Associates which came via an email. Ms. Dibb explained what the additional information is that the BOS is looking for and pondered whether Mark Morse and Associates believes that the requested additional information won’t make a difference.
Ms. Carlson said that she has performed some research on her own and when discussing the matter with the Town Clerk of Oxford, found that there is no impact on salary whether the community services a district school or not. The town Clerk of Oxford receives the highest salary in the study and works a full week. There are also 2 full time assistants.
The Town of Ashburnham just posted their appointed town clerk position. There is nothing in the ad about educational requirements. The Ashburnham position is equal to our Grade 4 Step 1, which is $25.98 with a 32 hour work week. Anita works 37 hours so she used the hourly rate from Ashburnham and applied it to her 37 hours.
Ms. Dibb acknowledged that Anita is in an awkward position in having to defend her own pay structure. The other positions are part time and are at equivalent or higher grade. Ms. Carson confirmed that she received and paid the bill to Mark Morse on the May 26th warrant for $400. Next meeting should be joint with FinComm where Ms. Carlson can present the new salary survey being conducted by MIAA right now.
PUBLIC COMMENT: Richard Williams introduced himself and had the following items to present to the Board: In reference to the DCR old landfill property, in their agreement it states that it should be used for water purposes only. Mr. Williams contacted Bill Pooler to put on agenda for DCR advisory requesting them to take the property back.
Removal of bushes - The growth at the intersection of Wachusett Street and East county Road should be taken care of. A land owner gave Mr. Williams permission to remove them at the street corner, so Mr. Williams removed the bushes on his own. He would like the DPW to go back with a boom to remove even more trees.
Parking on Route 122A – There is no parking allowed on Route 122A, however there is a general pick up of students at Naquag School. Ms. Dibb stated that the cars parked there are not technically parked, but dropping off. If we look at this we have to include the church parking as well. Mr. Williams asked about clean air? There is a problem about the cars running and dropping the kids off and he feels that it is important.
Mr. Williams would like to come back at a later date to discuss town center roads, skate board park, light on Maple Ave, and long range planning. We need to start somewhere.
The subject of street light was discussed at various locations. Ms. Bacon asked if a light could be installed at the end of Pommogusset. Mr. Kellaher responded that it could, but it is really needed at on Maple Ave and it cannot be readily installed there.
Scenic view cuts – Mr. Williams is looking to have different entities to cut down trees and shrubs to bring back the scenic views in town. He also asked about if the town is liable for damage done to private property is a town tree were to fall on private property. If so, then the Town should be proactive and start removing some trees before any damage is done.
Proposed Bypass – surrounding towns have been held up by the Town of Holden because there have been many plans on the shelf (3) of a bypass. As towns grow eventually it takes 20 years from start to when the first car drives down the bypass.
AGRICULTURAL COMMISSION: Appointment of Alternate Member – The town Administrator stated that Mr. Kristoff should have been reappointed in June, but his name was not on the list. Ms. Dibb made a motion to appoint Gerald Kristoff as an Alternate Member of the Agricultural Commission. Mr. Walker 2nd the motion. Vote Unanimous.
TOWN ADMINISTRATOR UPDATES:
Appointment of Treasurer/Collector Clerk (Beth Shaughnessy) – The Town Administrator made the appointment upon receipt of all pertinent documents with a pay rate of $16.94 per hour at 19 hours per week.
Resignation - Ms. Bacon made a motion to accept the resignation of Diane M. Cook as Administrative Secretary to the Board of Selectmen and the Town Administrator. Mr. Walker 2nd the motion. Vote unanimous.
The Town Administrator reported that the Town has been awarded a $12,500 DOER Municipal Energy Technical Assistance Grant for potential ground-mount solar on municipal parcels.
The Town executed a Community Compact Agreement last week. This provides incentives to the town for regionalization purposes.
DPW: Glenwood Elementary School – 6:30 – Mr. Kellaher appeared with the principals of three schools: Todd Stewart - Central Tree, Karen Capucci Glenwood Elementary, and Dixie Herbst - Naquog Elementary. They expressed a great concern regarding compliance of the schools with ADA requirements, specifically for handicapped access ramps at Glenwood Elementary. There are none which face the north and east of the school. Mr. Kellaher has researched this matter, but hasn’t begun any work because of lack of funds. The schools give money to the town for repairs, but the DPW does not receive any of that money. The estimate is $11,000 for two entrances that join together. Another matter is the outdoor tables, which are handicapped, but cannot be accessed.
Why can’t DPW tap into that general fund?
Discussion ensured. Mr. Walker asked if the school was originally built to meet ADA compliance. Ms. Dibb stated that maybe the school meets the letter of the law, but not in practice. The Town Administrator agreed to discuss the matter with the Town Accountant and will research if a portion of the maintenance funds be designated for repairs.
CIPC - roof repair project went to them. They are meeting on the 24th. It was requested that Mr. Kellaher complete a request for this matter because it does not meet with ADA compliance. They also requested that Mr. Kellaher obtain three bids.
AD Form 37, Abatement – water: Two water abatement requests were presented. Ms. Dibb made a motion to approve the two abatements one for Bill #4784 – Moquin in the amount of $1,103.17 and the other for Bill #127 - Moquin in the amount of $1,250.27 as presented by the DPW Super. Mr. Walker 2nd the motion. Vote unanimous.
Drury Lane – paving matter – Mr. Kellaher is trying to put this item to rest. The paving funds were already applied for and granted $36,900 through Chapter 90 – paving or not paving. Mr. Dick Schultz representing Flo’s Country Farm Stand identified himself. Mr. Schultz stated that although grindings work well with a flat surface, the farm does not have a flat surface. The Town went to great expense several years ago to put down a superb base. It is cement, hot top and whatever else, the cement is the problem. Any day in the Fall when they should be booming with business you can’t even see because of the concrete dust. It’s in the house and on the food and in the air. The dust must be addressed, either the road should be paved properly, or something done to
address the dust.
Millings will take care of the dust problem, but due to past experience, millings do not work well on grades. There is a lot of water going down that road. Millings do not sit as well as hot top. Mr. Kellaher agreed.
Ms. Dibb presented the four options: Do nothing, millings, baby binder (possibly 2” instead of 1.5”) or full paving
A discussion was held about using calcium chloride to keep the dust down. Mr. Kellaher explained that the town does not own the equipment to apply calcium chloride and would have to contract at a high cost to the town.
Ms. Dibb stated that once it is paved, then there is no going back. It will have to be maintained.
September is when DPW moves forward with paving. Mr. Kellaher needs a decision. Ms. Bacon and Mr. Walker are torn. Mr. Walker feels that on one hand it is a farming community, and the dirt roads should be preserved. Mr. Schultz requested that there be a decision by next meeting.
Rural Cemetery – Water Meters: Ms. Bacon read the letter from Mr. Martin for the record regarding the placement of water meters at the cemetery. Mr. Kellaher stated that the water use by the cemetery is most likely minimal. The intent was never to charge them, but only to track in case of unaccounted water. He has spoken with Mr. Martin in this regard.
The work on Irish lane and Barrack has been completed. There is one left to go and he is very happy with the outcome.
DPW Fleet Discussion – Vehicle inspections are being done. Mr. Kellaher reported that as mentioned several times before, the snow and ice truck will not make it through the winter. Working with police and fire to locate some used pieces. He has explored with other agencies and is watching auctions. $10,000 was spent on repairs last year. Need $4,000 - $6,000 just for the brake parts to put it back together now to try and pass inspection but it will not make it through the winter. The Town Administrator stated that Mr. Kellaher has looked into lease for purchase which is similar to incurring debt. He is exploring hiring a contractor with a cost of $175 per hour for equipment and driver, storm by storm.
Sewer/Extension/Connection Rules and Regulations – The board of Selectmen has the final version. Weston and Sampson, Town Administrator, Paul Cranston, Town Counsel and Mr. Kellaher have all edited the agreement. This is the version being submitted.
Discussion ensued. A few concerns were raised and it was agreed that the Town Administrator and Mr. Kellaher would research and make the edits before finalization.
Pool: Is green. The pumps will be turned on to keep up with it. They are waiting for the cover. They might have to purchase a tarp, but it must be taken care of.
Signs: Cannot idle unattended more than 5 minutes. Mr. Kellaher presented a sign for No Idling. Mr. Clark indicated his preference for a fine to be instituted. The Board agreed.
Forest Hill and Christmas Tree Update: Lack of a permanent legal easement through a piece of property is standing in the way. If no permanent easement in place, then should there be an MOU? Town Administrator said there can be some agreement in place and will work with town counsel.
Mr. Kellaher asked about recycling being done in the town by non-town contracted vendors. Their services can’t be posted on town property and everyone knows that we have a collaborative recycling center. Ms. Dibb said it’s effecting every townsperson because the town pays towards the center.
NEW BUSINESS: Special Town Election Warrant – Ms. Dibb made a motion to sign the warrant for the Rutland Special Town Election and read the motion as stated attached to these minutes. Mr. Walker 2nd the motion. Vote Unanimous.
Cub Scout Pack 306 Popcorn Sale – Ms. Dibb made a motion to allow popcorn to be sold by Cub Scout Pack 306 as they requested on the common on the dates indicated in the attached email. Mr. Walker 2nd the motion. Vote unanimous.
DOG HEARING: Sillo - Ms. Clark opened the hearing.
Present: Laura Pease, ACO, Deborah Sillo, Alisha Pettit and Barbara VanRenterghem.
The Town Administrator swore in Ms. Sillo and Ms. Pettit. Mr. Clark opened the hearing. Laura Pease ACO reported that on July 27th Sunday of this year, an incident occurred just outside of 18 Kalloch Drive in Rutland. Mrs. Pettit of 1 Nick Allen Circle was walking her 8 month old black lab with her 7 yr old son. Both dogs from Kalloch Drive came down the road. The yellow older dog sniffed at Mrs. Pettit’s black lab, then when the other dog came near, the yellow dog attacked the black lab.
Mrs. Sillo stated that they have been very careful with the dogs. This time her husband unhitched the leash to mow the lawn. Mrs. Sillo did not know that the leach was unhitched and hooked the dog to the leash.
Ms. Pease read the previous requirements by the BOS. On February 19 2015, Mrs. Sillo had a hearing in front of the magistrate where the BOS orders were changed and except for the wire basket muzzle outside of their own property. The rest of the BOS orders were removed.
Mr. Walker asked if the court order has been followed. Ms. Pease stated that she has not witnessed the dog wearing a basket muzzle, but Mrs. Sillo said that it does wear the muzzle. Overall the order by the magistrate has been followed.
Ms. Dibb reported that she has low tolerance for this. The argument for the perfect storm is exactly the reason why the restrictions should be in place.
Ms. Pease stated her recommendations which include a chain link enclosure attached directly to the back of the house at least 12X12 with secure top and bottom. By placing the enclosure at the back door there is no chance of the dog getting out. The door should be padlocked when the dog is in the run. Any time the dog is out of the fence, it must be wearing a basket muzzle. Leash must be of adequate length and strength. There should be ongoing training. The dog’s microchip must be registered with the town. Ms. Pease also recommends that the town be notified if the dog is removed from the town or if given away the town should be notified of the new owner.
Ms. Pettit stated that they are working on training their puppy. They had never met the Sillo’s, but were aware of the dogs through the windows of the house. The attack happened very quickly and was unprovoked and vicious. Ms. Pettit was afraid for her son. After the attack, the puppy was lethargic and after arriving home Ms. Pettit found that the skin had been broken. They missed last two session of training because bite got infected and the puppy wouldn’t come out of her crate. Going forward, they will need to be careful that puppy is socialized properly so the fear doesn’t cause any future reactions. She wants to be good neighbors and doesn’t want bad things to happen. It is a busy neighborhood.
Mrs. Sillo stated that she is very sorry that the incident happened and how is has affected her neighbor. She thanked Ms. Pease for coming up with a good plan and she hopes that the plan is acceptable. Ms. Sillo accepts the recommendations by the ACO. The dog has not left Ms. Sillo’s side and they are working on training. Georgia is about 4-5 years old. She wears the muzzle and that’s that.
The Town Administrator swore in Barbara VanRentraham. Ms. VanRentraham stated that she lives across the street and asked the Board to take into consideration the past history of the incidents with this dog.
There being no further discussion. Mr. Clark closed the hearing.
Ms. Dibb made a motion to determine Georgia a dangerous dog as in the Town Bylaws and according to the MGL Chap 140 Sec 136A. Dangerous is without justification.
Ms. Dibb is concerned that although they have the right to appeal, the previous restrictions were overturned. Ms. Dibb strongly recommends that they follow the recommendations as stated and she read the recommendations from the ACO as shown in the attachment. A discussion was held regarding the leash. Ms. Pease stated that there are state regulations. The Board agreed to a 6’ leash of the necessary tencile strength and that it may not be extendible leash at any time. After a 12 month period, if the owners would like to come back to the Board with proof of training that the dog has been rehabilitated, then the training may be stopped. The Sillo’s have until October 31st to build the secured enclosure. The dog should not be allowed to be
tied out. Mr. Walker 2nd the motion. All aye. Vote passed.
Ms. Pease will continue to update the Board.
Mr. Walker made a motion to adjourn. Ms. Bacon 2nd the motion. Vote unanimous.
ADJOURN.
Respectfully submitted,
Diane M. Cook, Administrative Secretary
Board of Selectmen - Town of Rutland
Approved: , 2015
Chairman, Board of Selectmen
Attachments:
Rutland Special Town Election
Popcorn Request
Sillo – ACO Recommendations
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