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February 23, 2015
TOWN OF RUTLAND  

BOARD OF SELECTMEN - MINUTES

Monday, February 23, 2015

Rutland Town Library

6:00 pm


Present: Michael S. Pantos, Chairman, Wayne A. Walker, Leroy C. Clark, Ms. Dibb. Also Present: Diane M. Cook, Executive Secretary, and Joseph Becker arrived at 6:15pm.

Call to order at 6:00pm by Mr. Pantos.

Mr. Walker made a motion to sign the Warrant #17 and Payroll. Mr. Clark 2nd the motion. Vote was unanimous.

Mr. Walker made a motion to accept the minutes of the February 5, 2015 Board of Selectmen’s meeting as presented. Mr. Clark 2nd. Ms. Dibb abstained. Vote was unanimous.

Mr. Walker made a motion to accept the minutes of the November 10, 2014 Executive Session of the Board of Selectmen’s meeting as presented not to be released to the public. Understanding that the minutes of executive sessions can be difficult to prepare, Mr. Clark made a motion that these minutes be expanded to include more detail. After discussion Mr. Walker 2nd the motion. Vote was unanimous.

OPEN SESSION:

6:00 Pole hearing (Kenwood Drive and Kenwood Court)

Mr. Pantos acknowledged Mr. Blicharz of UC Synergetic Consultants for Verizon to petition for new pole location. The existing pole sits in island with a long span to the next pole so the wire is sagging over the road. The pole is too short to raise the cable. They would like to upgrade to a taller pole in a more safe location deeper in the island.

Mr. Kellaher has reviewed the location and raised concern about a guywire. Mr. Blicharz confirmed that there is a guywire with an anchor planned. Mr. Kellaher requested that the pole be moved 3 feet to the north to center it more in the island for safety purposes. Mr. Blicharz agreed. Mr. Clark asked and discussion ensued regarding moving the pole off the island which is not a viable option. There were no questions from the pubic.

Mr. Pantos closed the hearing. Mr. Clark made motion to move Pole 27 on Kenwood Drive and Kenwood Court according to the proposed specifications including the guywire anchor and to move the pole position 3 feet to the north. Mr. Walker 2nd the motion. Vote was unanimous.

Mr. Pantos read an announcement regarding a reminder for the Articles which are due in the Board of Selectmen’s office, Monday March 2nd at 4:00pm.

DPW: Gary Kellaher, Superintendent - Mr. Kellaher read a list of people to thank for their help with snow removal. Tavern on the Green took care of the bill for the National Guard while they were here. Heartfelt thanks.

Attorney Paul Cranston is reviewing the Weston & Sampson agreement.

Mr. Kellaher made a request for $25,801.10 deficit spending for snow and ice. He has applied for $65,000 in reimbursable funds for the state of emergency. Mr. Pantos requested a breakdown sent to the Finance Committee for their review.  

Mr. Clark made a motion to approve deficit spending for the highway department for 2015 snow removal. Mr. Walker 2nd the motion. Vote was unanimous.

Mr. Kellaher reported that residents have chased and thrown things at the town plow trucks. People have been banging on the truck windows and using foul language. Mr. Kellaher did go and visit the people to try to diffuse the situation.  

Ms. Dibb referenced a letter that, in previous years, was sent out to the residents before the snow came to remind them of the town’s policy of snow and plow. Mr. Kellaher will review the previous letter and update it to a draft for the March 2nd meeting.  

Mr. Chris Kolofsky is out due to a knee injury. Mr. Kellaher would like to contract and promote, on a temporary basis, Mr. Dan French as a foreman. Mr. French’s hourly pay would raise from $22.37 to $24.55. Mr. Clark asked if there is money in the DPW budget to cover the retroactive pay. There is not. The Board agreed that the new wage would be effective immediately and not retroactive.  

Mr. Clark made a motion to place Mr. French temporarily in the foreman position at $24.55 per hour effective today. Mr. Walker 2nd the motion. Vote unanimous.

Solar committee - Mr. Kellaher asked the board to reinstate the solar committee. He has been receiving calls on net metering and pilot programs. Ms. Dibb made note that solar is changing rapidly with a huge learning curve in this industry. She is not sure that a committee of residents is going to be helpful. Mr. Kellaher and Mr. Becker agreed. However, Mr. Kellaher still feels that there should be a citizens committee.  

Mr. Becker suggested that the committee should be charged with determining how to proceed (i.e. hire a consultant, do the work themselves). Mr. Clark agrees with Mr. Becker to have the committee provide a recommendation. Ms. Dibb will draft a charge for a new five member committee to present at next meeting. A press release will be issued to the Landmark to seek out candidates after the charge is established.

6:30 Malcolm, Papaz - Mal’s Auto Sales  

Mr. Papaz presented his request for a 28 car license on 204 Barre-Paxton Road. Discussion ensued regarding the use of the front lot and the increase from 8 cars to 28 cars. Mr. Clark stated that he would like the lot reviewed for compliance by the police as often as quarterly. Mr. Walker made a motion to issue a Class II license to Mal’s Auto sales for 28 cars. Mr. Becker 2nd the motion. Vote unanimous.

TREASURER: Rebecca Tuttle, Treasurer/Collector

Ms. Tuttle requested confirmation of Julie Gagliardo was hired as a part time clerk.  

Mr. Becker made a motion to approve the appointment of Julie Gagliardo as part time Treasurer/Collector Clerk on a six month probation at $16.94 hourly and 19 hours a week. Mr. Clark 2nd the motion. Vote was unanimous.

Discussion of license issuance after review of tax status. Departments should provide a list of prospective licensees to the Treasurer. Ms. Tuttle will then review their tax status back one year before the licenses are issued.  

Mr. Becker made a motion to accept the recommendation of the Treasurer to implement the draft proposal for procedures for issuing licenses and permits including the tax payment review. Mr. Walker 2nd the motion. Vote unanimous.

7:04 Building Commissioner Interview: Mr. Chris Daniels - Mr. Pantos asked Mr. Daniels to provide a quick overview. Mr. Daniels state that he lives in Rutland and obtained his inspectors license in 2013. 1990 supervisor’s license. It is 5 years and an 18 months timeline to obtain a commissioners certification.

  1. Mr. Becker: What is your understanding of when a building permit is required?
Mr. Daniels: Square footage and changes of use of buildings, structural work, excavations anything through to the finish. Things that do not require license.

  1. Mr. Pantos: Who can be issued a building permit?  
Mr. Daniels: To a homeowner or a licensed contractor who holds a construction super license or above.

  1. Ms. Dibb: How would you handle a situation where construction work was started or completed prior to a permit being issued?
Mr. Daniels: Consult offices in town to ensure tax status, pursue who did the work, pursue educating them on license procedure.

  1. Mr. Walker: What can you tell us about the newest building codes? Have there been any recent changes you are aware of and can explain?
Mr. Daniels: Changes in last few years particularly with the energy codes. 1 ½ years change in coastal regulations due to hurricanes and set backs.

  1. Mr. Clark What actions would you take if permitting or inspectional services were required for an applicant whom you have a personal relationship with?
Mr. Daniels: Would not perform any differently than anyone else.  

Mr. Clark: Would you pass that on to someone else?

Mr. Daniels: Does not see it as a conflict of interest.

  1. Mr. Becker What is your general availability? Any seasonal restrictions? Any daytime or evening restrictions in your schedule?
Mr. Daniels: Current hours are 6:30 – 3:30. Evening and Saturdays are free times.

  1. Mr. Pantos: How would you resolve a conflict with a builder/contractor over an interpretation of a code?
Mr. Daniels: Find out how the person interpreted it in his own mind and how he came to the reasoning that he acted on. Advise on the true meaning and make a judgment call based on how the project was done.

  1. Ms. Dibb: How many years of inspecting experience do you have, and approximately how many inspections have you performed?
Mr. Daniels: No inspections performed. Obtained license about a year ago. Worked for 6 years as a contractor in Holden and met with inspectors in that regard.

  1. Mr. Walker: What do you feel are the top traits or skills every building inspector must have to excel?
Mr. Daniels: Interact with people well, negotiate and reason with people, understanding on both sides.

  1. Mr. Clark: What licenses do you currently hold? Are they active or inactive? Of the active ones are any set to expire soon?
Mr. Daniels: Construction supervisor’s license and local inspectors.

  1. Mr. Becker: Can work begin work once an applicant has submitted an application?
Mr. Daniels: Construction renews on January 8th and local inspectors renews at year end, which is currently not active as he did not receive a renewal letter at year end. He is in the process of correcting that.

  1. Mr. Pantos: How many years of experience do you have in the supervision of building construction or design?  
Mr. Daniels: Trade school then worked in building for many years. As far as construction, as many as 10-15 years on construction sites.

  1. Ms. Dibb: How do you foresee yourself managing enforcement responsibilities held by the Building Commissioner? For example enforcement of Rutland’s sign bylaw?
Mr. Daniels: Grandfather clause comes into play. If changes are made to the property or business then might be able to apply new bylaws.

Mr. Becker: What about banners?

Mr. Daniels: They are part of the sign bylaw. Educate people as to the current bylaws.

  1. Mr. Walker: Do you feel it is appropriate for a Building Department recommend a contractor, architect, or attorney?
Mr. Daniels: Should not recommend contractors, etc. does not feel it appropriate.

  1. Mr. Clark: What is the “stretch code” and do you feel towns should adopt it?  
Mr. Daniels: Has to do with energy savings. Cannot speak to it to the extent of the question. Believe the town should adopt it.

Mr. Daniels: Jim Smith is a personal reference.

Mr. Becker: Thank you for coming in. It’s been a long process. The position is a busy one man operation. 7:25 interview over.

DPW: Mr. Kellaher, DPW Superintendent  

Mr. Kellaher’s performance review documentation will be provided to the Board of Selectmen for their responses by Thursday night with the review to be scheduled for March 2nd.

Mr. Pantos spoke with Mr. Jenkins (legal counsel) regarding performance reviews being held in a public forum. Mr. Pantos will have information for next meeting. Mr. Walker feels that people working for the department heads should not see the review. Mr. Becker stated that he feels it is a short term problem until there is a Town Administrator. Another possibility was discussed to have the Board appoint departmental liaisons to perform the reviews. Mr. Kellaher stated that every other week at the BOS meeting is an evaluation.

Mr. Becker provided an overview of the background for the evaluation process. Originally there was no evaluation process for anyone. An informal feedback evaluation was implemented, but not a formalized process. Then a more formalized was eventually put in place for the two Chiefs, DPW and Treasurer. Other department heads should have reviews by the entity to which they report.

CORRESPONDENCE: Cable Advisory Committee - Campbell Street closing – There is an option to use annex for storage, but they would prefer to use library. They could possibly also use the old kitchen because they believe there is a drop there.

School Lease Agreement - this agreement is a bit outdated and we are being asked by the district to review and update. Over course of summer, numerous emails were sent to school regarding interpretation. Left the most current agreement and addendums in their hands. The school has not yet come back as they are looking to standardize.

The School is presenting their budget to Finance Committee/Board of Selectmen joint meeting. March 12th is when both school districts are presenting budgets. Mr. Becker suggested that the amendments be consolidated into the agreement to make one new agreement.  

An inquiry from Sue Fitterman regarding Nexamp was read.

The Regional School Committee is presenting budgets with a deadline of March 18th.

License for the Rutland Sportsman’s Club (RSC) - Mr. Becker and Mr. Pantos disclosed that they are members of the Rutland Sportsman’s Club.

Mr. Walker moved to approve the Entertainment License Application for the RSC at a $20 fee. Mr. Becker 2nd the motion. Vote unanimous.

Mr. Walker moved to approve the application for the Automatic Amusement Device License for the RSC at a $25 fee. Mr. Becker 2nd the motion. Vote unanimous.

Mr. Walker moved to approve the application for the Pool table/Billiards license for the RSC at a $20 fee. Mr. Becker 2nd the motion. Vote unanimous.


OLD BUSINESS: The board reviewed a request to sign a letter to Charter requesting the annual $10,000 grant. Mr. Becker made a motion to authorize to sign the letter as drafted for the Charter annual grant. Mr. Walker 2nd the motion. Vote unanimous.


Wachusett Earth Day - The agreement was reviewed and discussed. It was pointed out that the tax payers don’t have to pay for the disposal as they already pay in their taxes  

Ms. Dibb made a motion to sign the Wachusett Earth Day Agreement Mr. Becker 2nd the motion. Vote unanimous.

MEPA letter – regarding General Rufus Putnam Home. Open for discussion. Ms. Dibb felt it is a great letter, but as a town there are other concerns with Brice Lemon. There are bigger issues parallel to the historic site. Mr. Becker is unsure of purpose of the letter.  

After further discussion, Ms. Dibb moved to sign and approve the MEPA letter with modifications. Mr. Walker 2nd the motion. Vote unanimous.

Town Flag - The town flag at the hall of flags in the state house does not include the town logo. Red license plate has the outline of the state with the central tree in the middle. Board does not care for the design. Background red. After discussion it was suggested that this project be turned over to the historical society to review and proceed.

Mr. Pantos will ask Senator Gobi to have one of her staff members to research the flag flying at the state house.

8:26am Building Inspector Interview -  William Cassanelli

Contractor since 1975. Before that worked for contractors since 1970 full time. 1982 was building inspector in Spencer. Only for 1 year and part time. Too busy and couldn’t leave regular job. 2010 applied to take test for building inspector. Obtained local building inspector license. Assistant BI in Rutland about 2 years ago. Enjoyed working with Rick and other colleagues. When Rick left decided to apply for the position. There are 2 more tests to take to obtain the full building inspectors license. Have already taken a couple of classes to help towards that.

  1. Mr. Becker: What is your understanding of when a building permit is required?
Mr. Cassanelli: Go by codes. Everything from a fence over 6’ to any type of addition renovation, roofing, demolition, permits are required now for most renovations.

  1. Mr. Pantos: Who can be issued a building permit?
Mr. Cassanelli: Home owner, construction supervisor, home improvement contractor, building inspector. If work is being done by someone other than home owner, then they must have a license.

  1. Ms. Dibb: How would you handle a situation where construction work was started or completed prior to a permit being issued?
Mr. Cassanelli: If it is started, then explain regulations and require an application or stop work order. Example of a pellet stove installed 14 years ago and just found out they needed a permit. He instruct them to complete an application and he would go out to inspect.

  1. Mr. Walker: What can you tell us about the newest building codes? Have there been any recent changes you are aware of and can explain?
Mr. Cassanelli: International Building Code 2009 edition except for energy codes which are revised to 2012 codes which are more stringent.  

  1. Mr. Clark: What actions would you take if permitting or inspectional services were required for an applicant whom you have a personal relationship with?
Mr. Cassanelli: Same action that you would with anyone else. Treat them fair and do the required inspections. Nothing would change. If there was an assistant then it would be wise to have them do the inspection.

  1. Mr. Becker: What is your general availability? Any seasonal restrictions? Any daytime or evening restrictions in your schedule?
Mr. Cassanelli: No restrictions to hours required. Would like to change hours more to day time with one night until 8:00pm. Difficult to do inspections at night in the dark. Every inspection is done within 24 hours of a call except for weekends. He keeps himself with immediate availability.

  1. Mr. Pantos: How would you resolve a conflict with a builder/contractor over an interpretation of a code?
Mr. Cassanelli: Common sense. Discuss and come to an agreement. Code can be difficult to interpret. Determine differences and resolve.

  1. Ms. Dibb: How many years of inspecting experience do you have, and approximately how many inspections have you performed?
Mr. Cassanelli: 4 years of inspecting. 1200 – 1500 inspections completed. About 300 inspections here in Rutland. Maybe 30-35 reinspections. Have had inspections done on his work for many years. Made sure every single thing was done before calling the inspector for his own work. If work not completed fully, then leave and come back after work is complete.

  1. Mr. Walker: What do you feel are the top traits or skills every building inspector must have to excel?
Mr. Cassanelli: Carpentry, foundations, excavating, electrical and plumbing, mechanical to finish. Personal trait that every BI inspector must have. Honesty, respect and good with people. Can’t judge a book by a cover.

  1. Mr. Clark: What licenses do you currently hold? Are they active or inactive? Of the active ones are any set to expire soon?
Mr. Cassanelli: Construction supervisor. Home improvement contractor’s license. Local building inspector’s certification. Allowed hoisting licenses to expire after many years of non-use. Firearms.

  1. Mr. Becker: Can work begin work once an applicant has submitted an application?
Mr. Cassanelli: Work cannot begin until permit card is issued. Unless case of emergency such as a roof leaking.

  1. Mr. Pantos How many years of experience do you have in the supervision of building construction or design?
Mr. Cassanelli: 1975 went on his own, so 40 years of supervisory experience.

  1. Ms. Dibb: How do you foresee yourself managing enforcement responsibilities held by the Building Commissioner? For example enforcement of Rutland’s sign bylaw?
Mr. Cassanelli: Has to be done right. Everything done according to codes and zoning. Sometimes it’s difficult when coming into a new position, the problems already exist. So must review the situation and make corrections.

  1. Mr. Walker Do you feel it is appropriate for a Building Department recommend a contractor, architect, or attorney?
Mr. Cassanelli: No it is not right to recommend a contractor or attorney. If asked, then recommend 3 or 4 that are good, but never just one.

  1. Mr. Clark What is the “stretch code” and do you feel towns should adopt it?  
Mr. Cassanelli: Does not recommend adopting the stretch code. All about making things a little better than the local and international codes require. For instance the stretch code for the energy is actually less than what the town adopted last year. It’s an additional cost for the homeowners. Most builders do a bit better than the code.

Mr. Clark made a motion to adjourn. Mr. Becker 2nd the motion. Vote unanimous.

Respectfully submitted,

Diane M. Cook, Administrative Secretary

Board of Selectmen - Town of Rutland