Skip Navigation
Click to return to website
This table is used for column layout.
 
July 6, 2015
TOWN OF RUTLAND
BOARD OF SELECTMEN MINUTES
Monday, July 6, 2015
Rutland Public Library
6:00 pm


6:00pm  Opening of Meeting by Chairman:

Mr. Pantos made a motion to sign Treasury Warrant #27.  Mr. Walker 2nd the motion. Vote unanimous.

Mr. Pantos made a motion to sign Treasury Warrant #1. Mr. Walker 2nd the motion. Vote unanimous.


FIRE:   Brad Weber, Chief
  • The Fire Fighter’s Union Representatives were present and the Firefighters Agreement was signed by all parties.
  • Chief Weber reported on events over the Fourth of July weekend.  The department responded to a smoke fire at a residence.  The department had brought in Worcester’s mobile command post.  It was great back up and helped everyone get used to it, but it was not needed.
  • 104th Fighter Wing Jets performed a flyover.  Chief Weber thanked them for coming to Rutland.
  • Interdepartmental transfer – There was a small extra amount in the hot water account to cover the amount necessary for the deficit in the wage account.
  • There was a funeral where most of the department attended, but there was an ambulance crew at station the entire time.
Interdepartmental Transfers:  
  • Building:  a request for a transfer to cover the costs of citation/violation booklets was made.  Mr. Pantos stated that the departments were notified that they would each be contributing to the cost of the tickets and the money was appropriated.
Mr. Pantos made a motion to approve the Building Department request for a transfer in the amount of $110 from Account 001-241-5120-000 Building Inspector alternate account to Account 001-241-5400-000 Building Inspector Supplies.  Mr. Walker asked for further clarification thinking that the costs would be proportionate.  Mr. Pantos explained that the determination was made to divide the amount up equally.  Ms. Dibb 2nd the motion.  Vote unanimous

Police – Dog Officer:  Mr. Pantos made a motion to approve the Police Department’s request for a transfer in the amount of $250.00 from Account 292-5110  Ms. Dibb 2nd with amendment.  That is the present balance.  Approved conditioned upon signatures and approval. Vote unanimous.

Police -

Ms. Dibb motion for COA.  Mr. Walker 2nd.  Vote unanimous.

Ms. Dibb motion for DPW.  Mr. Pantos2nd.  Vote unanimous.

OPEN SESSION:

TOWN COUNSEL:
  • DCR Sewer Use Agreement (6:15pm)
Paul Cranston – Paul has what he hopes is the final DCR agreement which allows the lawsuit to be dismissed and is the culmination of the efforts of many people over almost a decade.  Major component is the incremental increase.  Currently .517  prior to the agreement the DCR was stuck on 1.5.  Capping off on .55 in 2020.  With the incremental increases the DCR is in agreement.

Mr. Pantosasked if the DCR is willing to contribute to legal expenses.  

Considering your legal counsel is quite thrifty the legal expenses are approximately $22,000.

Mr. Panto asked Ms. Dibb her opinion as she has been involved with this from the beginning.  Ms. Dibb is pleased with the outcome.  

DCR also amended their agreement with Worcester to use the same language as we have.  Paul would like to see all communities to have the same agreement starting in 2020.

Ms. Dibb make a motion to sign the sewer use agreement to expire May 11, 2020.  Mr. Pantos2nd.  Vote unanimous.

Paul provided 2 originals for the board’s signature.  To be returned to him for processing.

TA requested update on sewer regulations from Town counsel.  Amended and incorporated information.  Paul feels that the new regulations are in final form.  Fee structure might need some updating by DPW.  Paul will email to Gary for that information.

Mr. Pantos asked if the application forms and all necessary documents are included?  Paul responded yes.  Also this information needs to be published in the new paper in an old statute.  Paul inquired and was told that his colleagues only publish the notice and indicate that there is a copy available at the town hall.  TA – post on website as well.

Mr. Pantos– should we have at the town hall available for viewing, we could make 10 copies available for them to come in and pick them up.  Just for the record that we have some notice out there, a signature sheet of who has received copies of the document so we have record that they have been informed.  Charge a reasonable fee according to public records law should be charged.

Mr. Pantos– made a motion to charge.  Steph 2nd.  Vote unanimous.

Paul has an article for the RDIC.

Doug Briggs – ethics disclosure was filed by Mr. Briggs for awareness that he is an abutter to the property.  Wants to be sure that Rutland Heights is Ms. Dibb made a motion to accept the disclosure as

Mr. Pantos1st Steph 2nd.  To have Mr. Clark sign on behalf of the board.   

RDIC – send copy to Doug Briggs when complete.

Don Duvoe (sp?) provided the status and they would like to award the sale of the property to Barton and Associates.  Requesting that there be a special town meeting to allow a couple of articles for both the townspeople one would be the vote to sell to Barton.  2nd would be Barton to apply for a certified project to allow them to get into tax increment financing.  Need to get a town meeting vote to allow the TIF.  Controlled project.  Specific goals they need to meet each year.

Waiting for the application back from Barton to write the wording for the 2nd article.  The first one is all set.

Ms. Dibb – are you prepared to make the special meeting date of August 3rd?  Don – yes they could.  Does the RDIC anticipate providing a powerpoint and such at the town meeting.  Mr. Sullivan – yes.

We can post on the website beforehand.  Don will put together some bullet points and give to Margaret.

Don provided the language.   TA asked if Don would let the Board know when the TIF agreement language is prepared.  The board would be in support of the TIF agreement in principal.  Much more comprehensive plan than previous TIFs.  Mr. Sullivan would hope for the support of the board.

Steph asked if there is a timeline.  Mr. Pantos stated that it is a 5 year plan.

Invest $3mm and employ between 120 and 150 people.  Ultimate personal and property taxes are significant along with revenue generated by the employees.

A draft of the building façade will not be available, but the Powerpoint will show some of the other projects that Barton has done.

It’s been about 20 years that the RDIC has been waiting for this to happen.

TA - Warrant must be posted 14 days prior to the meeting.  They should be prepared to present the warrant at the next BOS meeting on the 20th.  Giving town counsel time to review.  MikeS gave thanks to Paul Cranston.

Ms. Dibb – is there an MOU in place?  MikeS where are we with P&S.  Paul received at 4:00 this afternoon information including amendments.  He will review and get back to us.  It’s possible that it could be executed before the town meeting.

Whatever needs to be done, they will do.

TA – stated that placeholders are on the Article agenda.

TA – Updates:

DPW requested quotes for catch basin cleaning.  Recommends the contact go to Leo and Co.Shiela make a motion to award the contract to _________________________  as recommended by the DPW.  Mr. Walker 2nd.  Vote unanimous.
Shiela make a motion to award the contract to _______________Rocklin MA.  For a bid point of __________ per sq ft.  per the recommendation of the DPW.  Mr. Walker 2nd. Vote unanimous.

Police – July 4th went very smoothly all officers on duty making tactical ops easy.  Few minor MV accidents.

Sewer Ext regs – Town counsel already noted that the board has made recommendations to _____.

Pere to Peer encouraged Gary to apply for a grant utilizing a municipal official to assist the town in reviewing the sewer regulations to put something in place to use for short and long range strategic planning.  BOS vote tonight to support the request.  Mr. Pantos make the motion.  Steph 2nd the motion.  Vote unanimous.

Soil importing – brief update at last meeting.  We are preparing a notice to be made available to town departments, agencies and neighboring communities.  Gary said that the hauler has executed the _____ from DEP.  And we are going to attach DEP guidelines that were put in place in 2014.  Ready for next meeting.

Posted TA calendar to J and D and on the wall of the Board office.  So the BOS can see what meetings she has.  Reminder that the BOS has keys to the office.  Furniture is being ordered.

CMRPC staff managers meeting.  Met outgoing director and staff. Discussed a number of different initiatives that the town could take advantage of.  Local technical assistance money.  Spoke about economical development to help town identify areas in the ruralization project.  Seeking DLT funding which is made available on a yearly basis.

Discussed equipment cooperative.  Meet with a few other towns about collaboration and cooperative equipment purchases.  

Met with DCR officials last week.  DCR has a lot vested in the town.  Mr. Williams was mentioned many times as to his involvement.  (named the committee advisory members).  Talked at great length about sewer and water issues particularly about capacity.

Technical assistance - Jeff Lacey is still available and other specialists are on staff.

Planning Board for office space – Norm Anderson – the new office is not suitable and is inadequate.  It’s 50 sq ft smaller than their original office where they were cramped to begin with.   Mr. Clark said that there was an offer of the town hall basement to both conservation and to planning.  Norm said that they were given too short a notice.  The option of the office or the basement was in his mind, that nothing was going to be done to renovate the basement so they opted for the office.

Mr. Walker have you looked and figured out what you want to do in there?  (Diane - the request outlines what they are requesting) It would have to be made ADA compliant.  They are not asking for anything particularly extravagant.  Just what would work for them.  Paul Mattson said that he disagrees and believes that this proposal is bare bones request.  It’s cold in the winters and not suitable.  They need to entertain proposals with guests and they need something adequate and comfortable.

Mr. Pantos sees the request as reasonable.  There is a huge impact on that space as meeting space to the community.  Is there any space for meetings at the Community Center?  Cost associated with this renovation were discussed.  There is asbestos in the floor so if it is disturbed, there would be a cost to removal.  The kitchen equipment in there should be sold first.  Paul - as pointed out earlier, possible DPW space – there is storage space used in different buildings.  There is a lot of actual meeting space in the town.  Woods Studio which could be utilized much more for smaller gatherings.  Community Center has a tremendous amount of room over there.

Norm – needs additional space.  Ms. Dibb glad to see this request.  Shows how the space could be utilized.  TA – can discuss with DPW to determine what funds are now available.  Paul – leftover money in budget?  TA said she believes it was for exterior work not interior, but she will look into it.

Mr. Clark told them that the board will look into space.  Dick asked if we could look down the road to determine space needs?  How do we want the community to look like in the future?  Mr. Pantos– that was the grant is for, to look towards the future.  Dick is thinking that Rutland Heights could be used for a new community hall.

REC:  confirmed that the committee did vote Ms. Dibb made a motion to appoint Robin and Kristin to the REC Comm per the recommendation of the committee with the understand that the committee submit a letter of recommendation.  3 year terms.  Effective July 6, 2015.  Mr. Walker 2nd. Vote unanimous.

Ms. Dibb asked about the policy directive.  TA stated that the directive supports the existing Bylaw.  Notification of the changes to have the REC committee job descriptions changed to have them report to the TA.

WRSD Amended Budget:  June 19th memorandum from Joe Scanlon.  Reductions for revision 2 for the school budget are outlined.    (state figures from the memo)  Mr. Pantos asked what the shortfall is?  TA’s proposal is that first the BOS $______ be raised and appropriated at town meeting and an additional _________ be raised an appropriated contingent upon proposition of a 2.5 override.  Represents the difference between amount brought to town meeting minus the _____ that the budget has been approved.

Could vote to approve to leave the $_________ presented to Town meeting and appropriate leaving it untouched and add in increased amount.

(Diane get recommendation from TA)

Ms. Dibb – discussion ensued.  Logic to her is that the operations request was far less than it was in May.  Paxton has an effective disapproval of the budget because they did not approve the amount the school requested.  

Brief discussion on the debt exclusion – Ms. Dibb DE is a very close number to what the school is looking for.  Risk that once the debt exclusion is paid off, could be looking at a levy shortfall.  Is it worth having a discussion about the risk.  Mr. Pantossaid that’s like living on a credit card.  TA stated that there are a few items coming off of the budget but they are coming off the excluded debt, so it’s not really going to make up the difference.

Debt exclusion explanation was give by TA.  Just paying debt service on existing.  TA recommendation used for specific purposes.

Ms. Dibb said this is a question for the voters.  Non contingent amount unchanged from voted on.  $___________  

Mr. Pantosmakes a motion to accept the TA’s recommendation  Ms. Dibb 2nd and read the article___________________.  Vote aye.

STM – draft town meeting warrant is presented.  TA outlines the articles ____________.
1.
2.
3. operations assessment and additional $____ contingent on a prop 2.5 override.
4. RDIC
5. RDIC
TA read suggested language from RDIC for one of the articles.

Mr. Pantos– do we have an opinion from FinComm?  TA said she has a meeting with them this week.

Ms. Dibb make a motion to place the motion as read by the TA to make the initial vote on the development plan pending final review of town counsel,  Mr. Walker 2nd the motion.  Vote unanimous.

RDIC – sale then TIF

Ms. Dibb – motion to Set a placeholder for article 2 TIF pending language from counsel and RDIC.  Wayen 2nd Vote unanimous.

Ms. Dibb place articles three ________ read language.  Mr. Walker 2nd. Vote unanimous.

Ms. Dibb – motion to place article 4 – reduce WRSD.  ___________ read language.  Mr. Walker 2nd.  Vote unanimous.

TA  letter from the board to thank Senator Gobi and Rep Ferguson

Ms. Dibb make a motion to place Article 5 _____________ read language.  Wayen 2nd. Vote unanimous.

TA – the Board needs to call the special town meeting and open the warrant.  Propose the warrant be left open for 7 days closing at 4:30 pm on July 13th.

Ms. Dibb set the date of STM at Glenwood Monday 3rd 7:00pm.  Vote on articles voted upon previous and to open this warrant effective immediately to expire on ____________.  Mr. Walker 2nd.  Vote unanimous.

Policies:  Mr. Clark recommends the all boards and committees instead of the just Selectboard.  Open for discussion.  TA explains the differences.  Mr. Pantosmake a motion to except the single code of conduct that is for all boards and committees as presented.  Steph 2nd.   Vote unanimous.

Liaisons:  TA recommendations.  At last meeting a list was presented where TA would be the primary liaison with the option of requesting a liaison be appointed by the Board.  

Ms. Dibb made a motion to designate TA as liaison to all dept boards and committees and when requested when a specific need arises to designate a Board member. Mr. Walker 2nd.  Vote unanimous.

Mr. Pantos– building alternate inspector – Willie recommends Rick Travers as alternate building inspector   (Mr. Pantosread the proposal from Willie).  TA – stated that there were only 2 respondents.  She would recommend another posting to see if there were any additional applicants.   Mr. Clark suggested TA look into regionalizing the alternate position.  Mr. Pantosmake a motion to table to give the TA opportunity to investigate.  Ms. Dibb 2nd.  Vote unanimous.

Sergeants union contract:  signed.

OLD business:  TA recap of June 22nd meeting.
Agenda did not list out specific agenda items of recommendations.  This is just to full disclosure.

Motion for exec session for reason #6 – Ms. Dibb made the moition and read the language___________________  WRSD to return for purposes of adjournment.  Steph 2nd. 8:08  all vote aye.

WRSD – executive session:

TA said the admins are meeting with Joe Scanlon and _____ on ____.  4 points to proposed in negotiating the lease agreement.  Sec 7.2 dollars threshold it becomes a capital item and the school will be off the hook.  We’d like to propose a $25,000 where the school would be responsible for paying up to that.

2.  Request the school to provide a list of maintenance projects that have been competed at each school for the last 5 or ten years.

3.  Lease agreement allows one walk through a year with the schools approval.  Increase the frequency of those inspections and allow town’s insurance carrier to walk through with us.  

4.  The agreement is in need of definitions of major maintenance vs. capital.  Ask for definitions.

Facilities manager should be involved.

Discussion ensued.

TA will send the mark-up that the school proposed in case the board wants any more additions to the requests.

Mr. Pantosmoves to comeo out of exec session.  Wayune 2nd.  All aye.s


DPW:    Town Administrator
  • DPW Quote for Catch Basin cleaning
TOWN ADMINISTRATOR:
  • Updates
NEW BUSINESS:
  • Ethics Disclosure – Request for Exemption (Doug Briggs)
  • RDIC Warrant Article Request (Mike Sullivan)
  • Interdepartmental Transfer of Funds – COA, Police, Building, DPW and Animal Control
  • Planning Board - Proposal for Community Hall office and meeting space
  • Wachusett Regional School District Amended Budget – Required Action
  • Special Town Meeting – TA Recommendation
  • Recreation Committee Member Appointments and Job Description Amendments
  • FY16 Peer-to-Peer Grant Request (DPW)
OLD BUSINESS:
  • Code of Ethics for the Board of Selectmen, Boards and Committees
  • Department, Board and Committee Liaisons – TA Recommendation
  • Alternate Building Inspector
Police Sergeants’ Union Contract signing

Cont’d
OLD BUSINESS (cont’d):

  • Town Administrator Recap of 6/22/15 BOS Actions:
  • Requirement for Department Heads to meet with BOS
Workplace Violence Policy
Employee Code of Conduct
  • Appointment of Diane Cook to the Board of Selectmen’s Administrative Secretary position on a permanent basis effective July 1st
  • Appointment of the DPW Superintendent as the designated enforcement authority under the Scenic Roads bylaw (annual appointment)
  • WRSD Lease Agreement – Executive Session
EXECUTIVE SESSION for Reason#6:
  • To consider the purchase, exchange, lease or value of real estate, if the chair declares that an open meeting may have a detrimental effect on the negotiation position of the public body – WRSD Lease Agreement
ADJOURN: