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March 2, 2015
Town of Rutland

Board of Selectmen’s Meeting

March 2, 2015

Library

PRESENT: Michael S. Pantos, Chairman, Leroy C. Clark, Wayne Walker, Joseph R. Becker, and Diane Cook, Secretary. (Ms. Dibb joined the meeting via conference call at 8:18pm for the matter of Solar Committee.)

Mr. Clark made a motion to sign Warrant #18 and payroll. Mr. Becker 2nd the motion. Vote unanimous.

6:00 Mr. Pantos called the meeting to order.

OPEN SESSION:

DISPATCH: Nick DaDalt

  • Police simulcast system went online 2/5. Have seen excellent radio coverage.
  • Completed the same work on the Fire/EMS side. Took down temporary system and put new system on line a month ahead of schedule. Satisfied with the quality of product.
  • Working on final phases of radio infrastructure. We currently have nothing proprietary. Distributing portable radio equipment. Working on plan with Barre EMS to replace some equipment for them.
  • Personnel – had posted PT dispatch opportunities. Completed 3 of the 4 background investigations on candidates.  
  • Chief Weber stated that the new radio equipment worked in the basement of the Glenwood School for the first time.
RDIC: Mike Sullivan, Chairman – Rutland Heights Update

  • They are requesting 2 warrant articles. One is to request money as the budget is low enough that they will not be able to continue with the engineering, consulting, and legal fees. The committee is seeking instruction on how to proceed.  
  • Mr. Sullivan will organize past costs to show the costs to date, in order for the Board to determine how much money will be needed going forward.  
  • The committee has submitted a request for the Heights property to be designated as an economic opportunity area. This designation will allow the possibility for offering TIFs to potential clients or developers of the site.  
  • An RFP was sent out about 6 months ago and reviewed with Town Council. There is a learning curve with this type of RFP. Responses must be specifically worded. One response came in and it had to be rejected because it did not meet the letter of the law (5,000 sq ft building which will employ 120- 150 people). They are in the process of sending the RFP out again providing more information to help with the proper responses.
  • Potential sewer usage was discussed with Mr. Kellaher. Of the 88 acres, this particular endeavor covers approximately 10 acres.
POLICE: Don Haapakowski, Chief of Police

  • Chief Haapakowski presented requests for 4 appointments. Eleven applications for full time and 26 for part time were received. The most they’ve ever received at one time. After interviews, there are 3 part time candidates and 1 full time candidate. Mr. Clark confirmed that the part-time candidates understand they will work when needed. The Chief confirmed that they understood and said that all candidates live in the area then recommended the appointments.
Mr. Becker made a motion to accept the recommendation of the Police Chief to appoint Mr. Jason Sitrynell for the full time position at pay grade Step #2 at $21.94 per hour; Mr. Kevin Mailman for a part time position at pay grade Step #2 at $16.75 per hour; Mr. Shain Siequist for a part time position at pay grade Step #1 at $16.02 per hour; and, Mr. Brent Carpenter for a part time position at pay grade Step #1 at $16.02 per hour. All appointments are subject to a one year probationary period, medical and psychological testing. Mr. Walker 2nd the motion. Vote was unanimous with all Board members voting – Aye.

  • The Chief has been working with Mr. Cranston on the Solicitation Bylaw. It has been submitted to the Bylaw Committee for review. Mr. Redfield indicated that he will follow up.
  • Mr. Clark requested to know the status of the promotion for position of Sergeant. The two candidates are not currently available for interviews so the Chief is putting this on hold.
FIRE: Brad Weber, Fire Department Chief

  • Akuity’s main Tech for the Town of Rutland has left the company. The Town had specifically requested that this Tech be our contact so the Tech called on his own to let us know he was leaving.  
Mr. DaDalt stated that he had logged in to review our back-up system and found a few that were failing. He contacted Akuity with a request to correct the problem and then left for a seminar. Upon his return, he again logged in and found that there had been no back-ups completed since the beginning of February. There obviously had been no off-site monitoring for some time. Our contract with Akuity ends in June of this year.

Chief Weber is working on editing the last RFP based on our experiences with Akuity. The Chief suggested that the town consider a part-time IT person. It might be beneficial with costs using our own person, or a regionalized person, instead of a contracted company. Mr. Walker feels that we are on the right track to move on from Akuity, with either an in-house person or another contractor. We should look at both options.

Chief Weber will review the contract and gather some information in this regard to present at the next meeting.  

  • An incident report was filed by a prisoner that had been released who fell on the town property.
  • The Chief wrote a request for a grant which would provide two fire fighters for a year. The town is growing with new subdivisions. Projecting out at 2018, the Chief believes he will be requesting additional staff. The grant is to allow a Fire Department to fulfill the requirement of getting 16 fire fighters to a call within 14 minutes. The busiest call days of the week are now: Sunday, Monday, then Tuesday. The majority of calls are when most of the crew is not available.
Tonight the Chief is asking for Board approval that if the grant were to be awarded, the town would agree not to lay off fire fighters during the grant period. This is a requirement in order to receive the grant if it were awarded.

Mr. Walker made a motion for the Chairman to sign the letter of support to follow the rules of the grant if it were offered and accepted. Mr. Becker 2nd. Vote unanimous.

  • Chief Weber presented information regarding the 1980 Maxim Fire Engine. The costs are projected to be over $60,000 for it to be a parade truck and over $100,000 to make it response worthy. The Chief will be making request to scrap the truck and to use the proceeds to purchase a 4X4 pick-up truck for forest fire response.
  • Friday morning the team responded to a call from the Glenwood School. There was an active fire which created a haze of smoke in the area. As this was not an accidental fire, the matter was turned over to Detective Chauvin. Within 2 hours, the Detective had located a student who admitted to setting the fire. Staff at the school did everything they were supposed to and were very professional. Parents can know that their kids are safe.
  • There is a claim in with MIIA regarding the leaky roof at the station. All the snow and ice dams were removed. The insurance adjuster was there today. He believes we have some insurable damage to the roof. There were also some pipes that froze and will need to be repaired as well. All repairs will need to wait until spring.
OPEN SESSION:

COA: Nancy Nichols, COA Interim Director

  • After discussion with members of the COA, the Board stated they would provide further instruction as to how to proceed to receive a resignation and appoint a new position at the same time. This matter will be carried over to the next Board meeting.
TOWN CLERK: Anita Carlson, Town Clerk re: Polling Hours

  • Ms. Carlson was not able to attend so Mr. Pantos reviewed the suggested bylaw regarding election hours per the new schedule which saves the Town about $1,000. Discussion was held regarding the options. The Board agreed that there was no need for a bylaw but that they should vote to make a decision on the matter.  
Mr. Clark made a motion that the polls open at 10:00am for the 2015 Town election. Mr. Walker 2nd the motion. Vote unanimous.

BUILDING INSPECTOR:  

  • The Board was to interview the third applicant for the Building Commissioner position. The applicant had requested to cancel the first interview because she was ill and she has not responded to our request to set up a second interview. Mr. Clark suggested removing this applicant from the interview process and proceed with the selection from the two candidates already interviewed. The Board unanimously agreed and will proceed with the selection process at the next Board meeting.
DPW: Gary Kellaher, Superintendent

BRICE LEMON – SEWER PERMIT, Mr. George Kiritsky and Mr. Clea Blair Jr.

  • Mr. Kiritsky stated that in April of 2014 the DEP changed the sewer regulations so they are no longer a state regulation but are under town jurisdiction. The application presented is the original sewer extension application for Brice Lemon Estates. This is not a revised request which includes sewer force main up through center of town into a manhole on Maple Ave. Also submitted is a plan from Fairview to Maple. Note it is the identical original design calling for some gravity and forced main. This was reviewed by Weston and Sampson some years ago. Requesting approval for this plan knowing that there may be changes depending on the changes being made to the subdivision plans.
  • Mr. Becker noted a signature dated 2006 on the plans. Has this already been approved? Mr. Kiritsky does not believe so as historically Towns have always depended on their DPW departments for review.
  • Mr. Walker asked if DEP was holding jurisdiction over this because it was filed before the rules change to give authority to the towns. Mr. Kiritsky believes that they need authority from the town and then DEP will do what they need to do. Mr. Kiritsky wanted to put all the cards on the table and present this application to the Board instead of just having DPW approve. This new application form as presented was originally a DEP form which was used before the jurisdiction changed to the town. Mr. Kiritsky utilized the DEP form as it set out the required information and then edited the form to show the Town of Rutland instead of the DEP. Mr. Kellaher stated that the form was fabricated and had not been reviewed or approved by the Board.
  • Mr. Walker asked if there was some question on the sewer capacity. Mr. Kiritsky said that there is not except that the town is in litigation with DCR on this subject. Mr. Kiritsky stated that the town has capacity even in the worst case scenario.  
  • Mr. Kellaher was told by Town Council that Mr. Kiritsky not only must get approval by the DEP to use the application, it must also be approved by the Board. Mr. Kellaher’s stand is that this application form should be reviewed by Mr. Blair’s counsel, and Town council before being approved.
Mr. Kiritsky presented the form to the Board and reviewed past forms and process to support the form and process currently before the Board. Mr. Pantos would like to speak with Town Counsel in this regard.

  • This paperwork is known to have gone to DEP as it is signed ‘recommended to be approved’ by DEP. There is currently a dual application as it is before DEP as well as before the Town. Mr. Blair feels that we should not be held hostage by the inaction of the DEP. Mr. Kellaher stated that the form needs to be reviewed and approved as an official form of the town before it can be used.
  • This matter will be carried over to the next Board meeting to allow time for document review and discussion with Town council. Mr. Kiritsky will submit a copy of the application to Mr. Cranston.
RECREATION COMMITTEE BYLAW

  • Mr. Kellaher presented a suggestion for bylaw changes. The Board will take this under review and will post the matter on the next Board meeting for further discussion.
WESTON & SAMPSON AGREEMENT

  • Town Council has reviewed the Agreement for Engineering Services By and Between the Town of Rutland, Massachusetts and Weston & Sampson Engineers, Inc. and deemed the agreement appropriate for the town to approve.
Mr. Becker made a motion to sign the Agreement for Engineering Services By and Between the Town of Rutland, Massachusetts and Weston & Sampson Engineers, Inc. dated March 2, 2015 plus 300 days to September 30, 2015 Mr. Walker 2nd the motion. Vote unanimous.

CREDIT CARD:

  • In urgent situations, Mr. Kellaher has had to purchase parts for town vehicles using his own credit card. He does not get taxes reimbursed to him. He is requesting a town general credit card. Fire Chief agreed and has had the same problems.
  • Mr. Kellaher currently has cards for Mobil Exxon, Staples, Sears and Home Depot. Mr. Kellaher will check with town accountant to be sure it will work to have more than one department head authorized to use a general card.
  • Mr. Kellaher stated that they are in the process of obtaining reimbursement for storm costs in addition to the original $65k. Fire Chief will include roof snow removal as well as MEMA deductible for insurance claims.
  • Mr. Kellaher stated that his articles were submitted back in October 2014, but were misplaced. He is submitting a new package including these and a few other changes.
private road snow removal:

  • A letter from 2010 regarding private road snow removal was presented for review. The Board approved an updated letter going out under Mr. Kellaher’s name with no further review by the Board. Private citizens may need a period of time in order to purchase supplies and to get the road work done before next winter season. The Board agreed that the letter should go out now.
A break was taken to reset the cable.
TICKETING FOR ROAD SNOW:

  • The Board approved a letter to the community presented by Mr. Kellaher to initiate a fine for ticketing people who are putting snow in the roads.
  • Snow and ice is in deficit by approximately $25,800.

SOLAR COMMITTEE:

  • Ms. Dibb joined the meeting via conference call at 8:18pm to discuss the re-establishment of a solar committee and to determine a charge.

The majority of towns that have this committee are calling it an energy committee. These committees have fairly long lists of goals and scope. If the goal of the committee is just regarding solar, then the goals and scope would be narrow as follows:


To research and assess the feasibility, appropriateness and cost of using an energy agent/consultant for negotiation with solar and other alternative energy companies.  To provide a comprehensive, researched list of said professional consultants to the Board of Selectmen for review.


Mr. Becker made a motion to accept the proposal to re-establish the Solar Committee with the charge as presented. Mr. Clark 2nd the motion. Vote unanimous.

This matter will be placed on an agenda after town meeting to revisit for possible expansion to an energy committee.  

  • Mr. Pantos then read a letter request from Sue Fitterman for a Nexamp Tax Agreement to put an article on for Town Meeting. The Board agreed that an article should be placed for Town Meeting as a placeholder to allow enough time for a pilot to be established. Also that another article should be placed on for the following town meeting to confirm the request.
OLD BUSINESS:  

PERFORMANCE REVIEWS IN PUBLIC:

  • Research showed that written performance review documents do not have to be disclosed to the public, however, a general discussion of performance is to be had in public.
  • In this light, Mr. Kellaher requested the ‘numbers’ for his performance review immediately instead of waiting for another meeting. Mr. Becker stated that he is absolutely pleased with Mr. Kellaher’s performance. Mr. Clark, Mr. Walker and Mr. Pantos agreed.
  • Mr. Pantos requested that we finalize the documentation Mr. Kellaher’s performance review at the next meeting. This matter will be placed on that agenda to be concluded.
UPDATE ON CHARTER CABLE MATTERS:

  • Mr. Redfield spoke regarding the ongoing process of moving from the Campbell Street facility. Mr. Matteson requested temporary space from the library. The library needs another month to make a decision. There is the possibility of using the annex. There was a drop discovered in the community hall and they could move into the kitchen area since it has a door and could be secured. Mr. Redfield made a suggestions to use the top floor of the community hall in case Charter does not allow them to continue to use Campbell Street for dead storage.
NEW BUSINESS:  

UPDATE ON SEARCH FOR NEW TOWN ADMINISTRATOR

  • Mr. Pantos read information provided by Mary from the Collins Group. They have 17 applications: three are repeats, four are town administrator types, five have other municipal backgrounds, three are planning municipal or regional; the remainder are one each from state government, education, business and police.  

They suggested that two members of the Board joining them for a first pass for either resume review or first interview. Otherwise, if the Board choses to move forward, they would be looking at a slate of 7 candidates. Mr. Clark recommends that the Board review the application from the 7 candidates to try and narrow down the slate. A letter will be sent to the Collins Center with this request.

STATEMENT BY MR. BECKER:

  • Mr. Becker informed the Board that he will not be seeking re-election to the Board of Selectmen. He thanked all who he has worked with and who have helped him during his tenure.
Mr. Pantos announced that he will seek his final term as selectmen.  

Mr. Becker moved to go into 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 – Fire Department and 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 – Sillo Dog Matter.

Mr. Walker 2nd the motion. Vote was unanimous with all Board members voting – Aye.

Mr. Becker made a motion to adjourn to executive session and the return to regular session only for the purpose of adjournment. Mr. Walker 2nd the motion. Vote unanimous.

Respectfully submitted,

Diane M. Cook, Administrative Secretary

Board of Selectmen - Town of Rutland