Board of Selectmen Minutes
Monday, September 28, 2015
Rutland Public Library
6:00 pm
Opening of Meeting by Chairman: Mr. Clark called the meeting to order at 6:00 p .m.
Present: Leroy Clark, Stephanie Bacon, Sheila Dibb, Wayne Walker
and Margaret Nartowicz, Town Administrator. Arrived 6:25 p.m. - Michael Pantos
Sign Treasury Warrant #7 and Payroll: Ms. Dibb moved to sign Warrant 3T with payroll. Mr.
Walker seconded. Motion made and seconded. Vote unanimous
Acceptance of meeting minutes: Ms. Dibb moved to accept the minutes of September 14, 2015
as presented. Mr. Walker seconded. Motion made and seconded. Vote unanimous.
Ms. Dibb moved to accept the Executive Session minutes of September 14, 2015 as presented,
not to be released. Mr. Walker seconded. Motion made and seconded. Vote unanimous.
OPEN SESSION:
Matt Erenworth, 10 Carly Circle, WRSD Committee - Mr. Erenworth noted the school budget has
to be voted as presented at the Annual Town Meeting. He would like the Board to consider an
override if the school budget passes. Mr. Erenworth feels there should be more education on how
this would affect the town budgets. Mr. Pantos explained the association of an override to the
budget and Proposition 2 1h. Mr. Pantos feels we have not seen fiscal responsibility from the
district and that the Board represents all the residents of Rutland and some of them are not able to
afford these types of increases on their taxes. A brief discussion followed with Mr. Pantos noting
the recent cuts to the Wachusett budget. Ms. Nartowicz noted that these anticipated cuts will come
back at their full value once the FY 17 process commences.
NEW BUSINESS/Town Administrator:
• Set date for Special Town Meeting in October: Ms. Nartowicz proposed the date for the
Special Town Meeting on Monday, Oct. 26, 2015. The warrant will open and close in one
week Ms. Dibb moved to set 10/26/15 at 7:00 p.m. Discussion ensued regarding which
school to hold it in. Ms. Nartowicz noted we reserved Glenwood but can look into Naquag.
She added the warrant has to be posted by October 8. 2015 and would like the Board to
meet on October 6. 2015 at 6:00 p.m. to finalize warrant. The Board agreed to set the
meetings. Mr. Walker seconded. Motion made and seconded. Vote unanimous.
The Chairman recognized Lou Cornacchioli, 18 Blueberry Lane, who had questions
regarding the Special Town Meeting warrant article and funding language regarding the
school budget. Ms. Nartowicz told Mr. Cornacchioli that the article language is yet to be
determined. He expressed his concerns and urged the Board not to make the funding
contingent upon an override.
• FY 17 Election Costs-Police Staffing, etc. - Ms. Nartowicz informed the Board this was
addressed at the last joint meeting with the Finance Committee. Mr. Pantos would like to
see the "true costs" to hold an election including the police details needed.
• Resignation - Richard Vincuilla, Part-time Dispatcher: Ms. Dibb moved to accept the
resignation of Richard Vincuilla. as a part-time dispatcher effective September 13. 2015.
Mr. Walker seconded. Motion made and seconded. Vote unanimous.
DPW:
Lynn Thomas - Assist. Town Clerk re: Notarize Sewer Easement: Mr. Kellaher explained that Ms.
Thomas and he visited Ila Kane, 1 Christmas Tree Lane to have her sign
the Authorization and
Agreement for a construction easement to install and construct a sewer line. MS. Dibb moved to
sign the authorization and agreement between the town and Ila Kane. (see attached) Ms. Dibb read
the specifications of the agreement. Mr. Walker seconded. Ms. Nartowicz explained that this is a
temporary easement until the town meeting vote. Motion made and seconded. Vote unanimous.
Ms. Bacon requested that Ms. Nartowicz obtain more information from Ecotech regarding the
location, frequency of tests, start date and how often the tests will be submitted.
Mr. Kellaher updated as follows:
• Solar Update: He and Ms. Nartowicz met with the consultant regarding help with the
process. They will finalize with the consultant this week. Ms. Nartowicz noted that the
consultant will help with the RFP process as well as reviewing available parcels for use.
• Winter Shift Follow-up: No update, he has not spoken with the union.
• Soils Importing/LEM: Waiting for the agreement to be drafted with the town. Ms.
Nartowicz gave the Board a notice of what would be included in the agreement. A brief
discussion took place regarding the testing of samples and the frequency. Mr. Walker
referenced the number of trucks being allowed to come into town is about 60 day or one
every ten minutes and suggested lowering that number. Ms. Nartowicz explained the intent
of the notice is to provide it to other agencies, board, committees and surrounding
communities to solicit responses prior to the agreement being executed. Mr. Cornacchioli
suggested we reach out to the public for an informational session and to
answer questions.
Mr. Kellaher noted a discussion with the public a couple of years ago.
Mr. Clark agreed we
should move forward with it.
• Stormwater Update: Discussed attending meeting with
Ms. Nartowicz. He stated there is
still discussion whether to join a statewide coalition and how it will benefit the town. They
are trying to have a DEP representative come in to do a presentation. Ms. Nartowicz noted
the coalition uses area colleges to have internships to provide technical assistance.
• CWO Vacancy Update- Still awaiting the union to discuss the job description update. He
added there is an individual in town that has license and is qualified and he is going over the
job description to see if he fits the needs. Mr. Pantos asked if he reached out to the various
water associations we are member of to find a candidate. Mr. Kellaher noted he have
advertised with MMA and other organizations but will put it do it again but first would like
the job changed.
• Dick Williams - had questions regarding the water levels of Muschopauge Pond. Mr.
Kellaher replied he has not reviewed recently. Question to Mr. Kellaher on the repair of
dam by DCR - he feels it should be rebuilt. Ms. Bacon feels we should ask them to repair.
Mr. Pantos made a motion to draft a letter to the OCR requesting they repair the dam on
Charnock Hill Road along with the earth and berm. Ms. Nartowicz noted this item was not
on agenda and the Board should hold until the next agenda. (Agenda item October 13, 2015).
OLD BUSINESS:
• Waiver of Permit Fees Town Buildings - Ms. Nartowicz told the Board she spoke to the
Building Inspector regarding the waiver of permit fees on some projects. Mr. Clark is fine
with waiving it as long as it is not included in the cost of the job. Ms. Dibb noted it should be
a "special circumstance" that we wouldn't need to set a policy for on a case by case basis.
Ms. Nartowicz stated that most contractors include the fee in their quotes even on
municipal jobs. Mr. Walker stated to leave it the way it currently is on an individual basis
that would be bought to the Board.
• Override Outcome & FY 16 WRSD Operations Assessment (Next Steps)- Ms. Nartowicz
informed the Board she is working on the revised assessment for Wachusett Operations
Budget of $292,195 in conjunction an outline of potential funding options. She has also
drafted warrant articles for the Board to review. Ms. Dibb moved to open the Special Town
Meeting Warrant immediately and close it on October 5, 2015 at 5:00 pm. Mr. Walker
seconded. Motion made and seconded. Vote unanimous. Ms. Nartowicz outlined the various
funding options as per attached. Discussion ensued regarding various funding options,
draft version of Special Town Meeting articles, including the Glenwood roof repairs.
• Sewer Extension Regulations - Ms. Nartowicz noted these are the final amended
regulations with town counsel's final recommendations. Mr. Kellaher feels the regulations
are good at this time and can be finalized. Ms. Nartowicz also informed the town can
periodically review. Mr. Pantos moved to accept the Sewer Extension Regulations with the
amendments as noted. Ms. Bacon questioned an item is integrated regarding the red-lined
version with a suggestion to give the Superintendent discretion on certain items but she feel
there is no "criteria" listed. Ms. Dibb feels we should have added specific "definitions or
criteria". Mr. Pantos added we could incorporate an "appendix" into the regulations. Mr.
Pantos restated his motion as follows "moved that the Board accept the Sewer Extension
Regulations as presented with the recommendations and request Kopelman & Paige
provide an "appendix" to the document. Ms. Bacon seconded. Motion made and seconded.
Vote unanimous.
Ms. Dibb moved to go into Executive Session for Reason #3. Mr. Walker seconded.
Executive Session for Reason #3: To discuss strategy with respect to collective bargaining or
litigation if an open meeting may have a detrimental effect on the bargaining or litigating
position of the public body and the chair so declares. (Police Union) All ayes.
Adjournment: Mr. Pantos moved to adjourn. Mr. Walker seconded. Motion made and
seconded. Vote unanimous.
Meeting adjourned at 7:54 p.m.
Respectfully Submitted,
Jacqueline I. O'Brien, Administrative Assistant
Board of Selectmen
TOWN OF RUTLAND
TOWN ADMINISTRATOR
246 Main Street, Rutland, MA 01375
PHONE: (508) 886-4131
FAX: (508) 886-7913
Date: September 28, 2015
To: Board of Selectmen
From: Margaret Nartowicz, Town Administrator
RE: FY16 WRSD Operations Assessment Funding Options
Rutland's current FY16 WRSD operations assessment obligation is $292,195. Several potential funding
scenarios exist, but none are sustainable.
1) Use of Available Budgeted Funds - At this time, the only budget section from which a transfer is
possible is debt service where approximately $30,000 will be freed up in FY16 through debt
restructuring.
2) Free Cash - ONE TIME REVENUE SOURCE -A portion of certified Free Cash could potentially be used
to fund part of the additional operations assessment obligation; however, any amount of Free Cash
used for recurring expenses creates a structural deficit that will carry to future fiscal years.
3) Assessors Overlay Surplus - ONE TIME REVENUE SOURCE -A portion or all Overlay Surplus from
prior fiscal years could potentially be used with Assessors' approval to fund part of the additional
operations assessment obligation; however, any amount of Overlay Surplus used for recurring
expenses creates a structural deficit that will carry to future fiscal years.
4) Municipal budget reductions - $292,195 is the equivalent of 5% of the FY16 municipal operating
budget minus debt service and already-appropriated school district assessments. All departments
have been requested to begin preparing 5% budget reduction scenarios with specific service
decreases.
5) Debt exclusion - REQUIRES BALLOT VOTE -The purpose of a debt exclusion is to temporarily
increase the levy limit to fund the payment of debt service costs for capital projects. As noted on
the attached Debt Exclusion tax impact sheet, the levy capacity freed up from passage of a
$324,860.80 Naquog/Central Tree debt exclusion would be redirected from debt service to fund the
$292,195 and other operating budget costs.
6) Override - REQUIRES BALLOT VOTE - Results in permanent increase in tax levy. An override in the
amount of $292,195 will satisfy the budget needs for this year only. The increased tax levy from the
override will not sustain any budget growth in future fiscal years.
7) Stabilization - ONE TIME REVENUE SOURCE - Requires 2/3 town meeting vote. Use of Stabilization
or other one-time revenue sources for recurring expenses will undoubtedly impact the Town's bond
rating, and in turn, interest rates on outstanding debt service. Currently at 4.3% of the Town's
operating budget, Stabilization is almost at DOR's recommended 5% threshold. Use of Stabilization
would undo the Town's work over the last few years to rebuild the fund and would contradict
responsible municipal financial policies and practices.
Authorization & Agreement
This Authorization and Agreement is entered into by Ila S. Kane (hereinafter "Kane") of
1 Christmas Tree Lane Rutland, MA O 1543 and the Town of Rutland (hereinafter "Rutland"), a
Massachusetts municipal corporation with a usual place of business located at 246 Main Street,
Rutland MA O 154 3.
WHEREAS: Kane is the owner of a parcel of land located at 1 Christmas Tree Lane,
Rutland MA 01543;
WHEREAS: Rutland is desirous of constructing a sewer line to benefit the abutters of
both Christmas Tree Lane and Forest Hill Drive;
WHEREAS: Rutland requires an easement over property owned by Kane in order to
complete the sewer line;
WHEREAS: Kane is desirous of authorizing the Rutland to take any and all action
necessary to install a sewer line across her property and execute an easement deed
memorializing the same;
NOW THEREFORE: In consideration of $1.00 and the agreements and covenants set
forth herein, the receipt in sufficiency of which both parties acknowledge, it is
agreed as follows:
1. Kane hereby authorizes Rutland, its employees, agents and authorized representatives, to
enter on her property shown on the Plan attached here to as Exhibit A as "20' wide sewer
easement" ("Easement Area") for the purpose of installing and constructing, said sewer
line.
2. Rutland shall have the right to enter and use the Easement Area by foot and motor
vehicle, including heavy equipment, for all purposes associated with and incidental to the
construction and installation of said sewer line, including without limitation; digging and
grading land and temporary storage of equipment and materials.
3. Rutland shall, upon completion of the installation of said sewer line, restore the surface
of the Easement Area as nearly as possible to the condition that it existed prior to any
such disturbance.
4. Kane shall execute a Permanent Easement ("Easement") in substantially the same form as
attached here to as Exhibit B.
5. Rutland shall present said Easement for approval at the next scheduled Special Town
Meeting, and upon acceptance, shall record the same with the Worcester District Registry
of Deeds.
6. Rutland hereby Releases, Indemnifies and Holds Harmless Kane, its successor's heirs
and assigns from any and all liability as it relates to work performed under this
Authorization and Agreement and the Easement.
Executed as a sealed instrument by the Town of Rutland and Ila S. Kane.
Town of Rutland,
By its Select Board
Ila S. Kane
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