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Town of Rutland
Board of Selectmen's Meeting
Monday,June22,2015
Rutland Town Library
6:00pm
PRESENT: Leroy C. Clark, Chairman, Michael S. Pantos, Mr. Walker, Stephanie Bacon, Sheila
Dibb. Also present Margaret Nartowicz, Town Administrator and Diane M. Cook, Executive
Secretary
6:00 p.m. Mr. Clark called the meeting to order.
Ms. Dibb made a motion to accept Warrant #26 and Payroll. Mr. Walker 2nd the motion. Vote
unanimous.
FIRE: Bradley Weber, Chief
• Simulator update: The driving simulator has been scheduled for July. Everyone who drives for
the town will be scheduled. More info forthcoming.
• Fire Fighters Contract: Ms. Nartowicz has integrated the Memorandum of Agreement with the
contract. Since the Union and the Board have seen and agreed to the document, it just needs to
be signed. Ms. Dibb referenced and requested a few minor grammatical corrections be made
before sending over to the Union. Mr. Pantos recommends that the Union sign it first as we
have done in the past. Ms. Nartowicz will make the requested edits and will invite the Union to
attend the next BOS meeting where both parties can sign the document together.
• Fire Department budget: Ms. Nartowicz reported that she and the Chief have met and set out a
plan of action. The wage detail is being broken out. Chief is tracking FY2015 actuals for all
department wages and will continue to do so. Wages will be reported on a monthly basis and
the current budget is on track.
• Fireworks permit has been approved for July 3rd.
• Ladder truck is fixed so flag will be able to fly on 4111 of July.
DISPATCH: Nick DaDalt, Director, provided an overview of the
recommendation to appoint James
Gagne as Dispatcher Supervisor. Step 2 wage is recommended because the way the pay scale is set up,
Mr. Gagne would receive a pay cut if position was offered at Step 1. Mr. Gagne will be the overnight
supervisor on the 5 night a week rotation.
Ms. Dibb made a motion to appoint James Gagne to the position of
Dispatch Supervisor with an
effective date of July 1, 2015, with a pay-rate of$20.92/hour (Rutland RECC CBA FY 2016 Dispatch
Supervisor Step 2), and is subject to a one-year probationary period as per the recommendation of the
RECC director. Mr. Walker 2nd the motion. Vote unanimous.
Mr. Pantos made a motion to accept the resignation of Dominic Walker
from the position of Full-time
Dispatcher, effective June 30, 2105. Ms. Bacon 2nd the motion. This is a follow-up to the June 8111
appointment of Dominic Walker to Part-time Dispatcher position.
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DPW: Gary Kellaher. Superintendent
Sewer Regulations - meeting tomorrow with the engineers to see what should be done about fees. Mr.
Pantos clarified that we are talking about tie in and impact fees. Mr. Pantos why not use the same
engineering firm that we use for sewer? The town has the right to inspect and generally Mr. Kellaher
does the inspection. He is being proactive in this matter and is doing the inspections before the roads
are paved over. Discussion ensued regarding calculation of fees. Ms. Nartowicz stated that
information in being compiled from other towns for review of the agreement. Separate permits for
grease traps are being put in place. DPW has been doing inspections on private sewer lines at the
subdivision and Quinn Engineering has been doing spot inspections. The fees for that are paid in
advance by the contractor through Planning Board.
Chapter 90 - Mr. Kellaher noted there is roughly $640,000 in Ch. 90.
Propose to do one mile of
Hillside $160,000, Yi mile of Maple $130,000 joined seam to seam, Yi mi. Prescott, from Maple into
Blueberry for $80,000, 1,000 ft. pave only for Drury Lane at $61 ,000.
Ms. Dibb asked if the money is
being well spent on paving Drury as in her opinion it is a driveway not a road or a thru-way. Mr.
Kellaher said there was a long battle about this 2 years ago and that he was made by the Board to agree
to pave Drury. DPW has done work on it in preparation, but has not been able to pave the road until
now because of the cost. Mr. Pantos asked about a less expensive option like what is being done on
Irish Lane. Mr. Kellaher reiterated that Addison Redfield had come forward and he was made to
promise to pave Drury Lane because he had paved Schwartz Lane.
Mr. Pantos made a motion to rescind the previous motion by the board to pave Drury Lane and instead
to use a less expensive product that would cost $20k instead of $60k. Mr. Walker 2nd the motion.
Discussion ensued as to whether to take Drury Lane off of the town roads as a public way, which needs
to be done at a town meeting. Mr. Pantos believes we should keep the Board's previous commitment.
Mr. Walker rescinds his 2nd_ It was agreed to take no action. Mr. Kellaher said that $20k has already
been put into the road as preparation and this project was already submitted to Chapter 90, but Mr.
Kellaher can request final payment on the work already done and discontinue the project.
RDIC: Mike Sullivan - RFP was sent out again and responses have been received. One proposal was
received and they are pleased with it. RDIC is now in the midst of negotiating a P&S with the
proposer. There are no show stoppers but some minor barriers, legalese and interpretation of the RFP
and the response. Started out at two parcels and are now down to one parcel. A speculative buy is not
allowed, so the offer is to buy parcel #2. Parcel #2 is on the left when driving in from Maple. Mr.
Sullivan stated that the project is commercial; not retail. Ms. Dibb asked when construction will start.
The company proposes to break ground as soon as they are allowed, and plans to complete project
construction in 218 days. Their interest in the adjacent property is for future expansion. Purchase
price would pay $ l 50k out of the $500k that the town purchased the property for. They have not
requested a tax break in this latest proposal. Assessors would be able to provide a revenue projection.
Mr. Pantos sees zero adverse effect - 150 people coming to work each day, no impact to schools, and
lunches and gas purchased would benefit the town. HPDD review board will review the design.
HPDD is made up of2 RDIC members, ZBA members and two members at large.
Town Administrator spoke with Bill Pula about OCR Technical Assistance. He confirmed that if the
town needs DCR technical assistance to answer specific questions, go to a meeting upon request or
review bylaws, they could assist. They are unable to routinely go to regular meetings. Discussion
ensued regarding DCR sewer at Rutland Heights. DCR does have to go to the site because they will be
tying directly into their trunk. Solar developers could be interested in the upland on the property, but
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none have ever come forward yet. Margaret explained the recent solar grant which would be used to
review locations for solar development. 1.6 acre lot on the parcel is the old incinerator which has been
cleared by DEP. Doug Briggs said that lot could be attractive to developers because it is considered
land that could qualify for brownfields funding. Mr. Sullivan said the submission includes the school's
use of the roads. 100% of traffic is coming in from Maple Ave. Timing of their traffic would not
interfere with the school traffic timing. Company is being very cooperative and receptive. They like
the site and are thrilled that it's a campus type environment with water and sewer. This is a very
important time in the project and they are an open book and welcome any questions or input. They
hope to come to a verbal agreement soon, and look forward to bringing the agreement to the town. Ms.
Nartowicz offered assistance. 6:30am Friday is the next RDIC meeting.
Soils Import Meeting - Mr. Kelleher presented an overview of a proactive meeting last week with the
Town Administrator, Randy Jordan, Dick Williams and Lighthouse Environmental Management. Ms.
Nartowicz and Mr. Gervais (LEM) put together a punch list in order to move forward with a road
maintenance program. 200,000 cubic yards to finish the project. Mr. Kellaher wants to be sure the
project is done properly. All of the information being discussed will be memorialized and presented to
the boards and committees. The exact site of origin is not known at this time. There would be 3rd
party testing and compliance with DEP guidance issued in 2014. LEM is seeking an ACO from DEP
even though they are not required to. Soil testing results will be provided to the town.
Brintnal Drive - town counsel advised Mr. Kellaher on driveway permit requirement. Will be
requesting that Mr. Blair apply for driveway permit at DPW. Ms. Nartowicz will be sending out legal
counsel's recommendations tomorrow.
Mr. Walker made a motion to take no action on the paving of Drury Lane at this time. Ms. Dibb 2nd
the motion. Is proponent of dirt roads. In the condition that it's in right now, is it in good shape and
not posing any risks to users? Mr. Kellaher stated that it's in better shape than the others that are being
paved. Mr. Walker aye, Ms. Dibb aye, Mr. Pantos nay -There was a commitment made. Reduce the
expenses, but don't do nothing. Ms. Bacon nay as well. Mr. Clark abstains from the vote. Two to
two. Vote fails.
Mr. Kellaher said there is no timeframe attached to the promise to pave the road. Addison Redfield
stated this is an RBA issue. Feels very strongly that as business people we want to support the business
in town. Feels strongly that it is a public road and that by paving that road it is going to enhance the
business and make it more accessible. Mr. Pantos - wants it on record that he supports the $20k, but
feels that $60k could be better spent elsewhere. Mr. Pantos reinstates his motion that the material be
changed to millings and utilize the extra money elsewhere. Ms. Dibb said that we are not following
through with the BOS promise to pave the road by using millings. Discussion was held. Ms. Bacon
2nd the motion. Mr. Pantos aye, Ms. Bacon aye, Ms. Dibb aye, Mr. Walker nay, Mr. Clark abstain.
Millings will be used on the road.
POLICE: Donald Haapakoski, Chief
• Renewed application for the COPS grant. Each year of application they get higher on the list so
maybe this year will be the one.
• One Sergeant position vacancy. Negotiated a policy in 2011 which set out criteria of a written job
related aptitude test, oral interview and a management assessment of past performance. Written
exam was supplied to us from outside sources. 90 days are given to candidates to study. Then went
to oral boards. Assessment of past 3-years performance. Each area got 33% of the total score.
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Chauvin was #1, McCauley was #2, Downey #3. Chief recommends Troy Chauvin be appointed
as Sergeant starting July 1st at $25.06 per hour.
• After review of the collective bargaining agreement and 2011 policy it was determined that
interviews have to be agreed upon by both parties beforehand. BOS is appointing authority but
labor counsel has since informed the Town of the requirement for an agreement. Ms. Nartowicz
reiterated that if the BOS chooses to interview, an agreement would be needed ahead of time.
Mr. Walker made a motion to promote Mr. Chauvin effective July I st. Ms. Bacon asked if everyone is
all right with not moving ahead with interviews. Mr. Clark will abstain. Mr. Pantos said he's heard
innuendos that the process was tainted or that comments were made by the BOS outside this process.
His thoughts at this point in time would be to table and ask the Town Administrator to review the
process with the Chief to ensure that there was consistent administration of the process and to report
back in 30 days. Last time around the BOS supported the Chiefs recommendation and that did not go
so well for the town or the Chief. Mr. Walker asked why are these concerns are being brought up now.
Mr. Pantos - said that he brought the information he received came to light late in the process. Ms.
Dibb asked thru the Chair to 2nd Mr. Walker's motion for further discussion because all of this is
coming to light at a late hour. We have always taken the recommendations of the department heads
and rarely asked for information. Asking for postponement of 2 weeks for review. Mr. Walker stated
that the process has been to take the Chiefs recommendations so why can't be move forward with the
motion that has been seconded. Mr. Clark said the Board has appointed and denied different positions
upon a department head's recommendation. The Town Administrator would ask labor counsel whether
all of the backup information can be released for review by the BOS. Mr. Walker - parameters can't be
changed in this promotion process. Mr. Walker aye, Ms. Bacon aye, Ms. Dibb aye, Mr. Pantos nay. 3-
1 with 1 abstention (Clark).
Chief Haapakoski explained that the COPS grant would fund a police officer position for 3 years.
Salary and benefits paid by the state - no requirement for keeping the position for a period of time
beyond the year of funding.
OLD BUSINESS:
Lettuce Be Local - One-day liquor license applications for 2 separate events. The first is like the one
from last year at Mesa Farms. Culinary talent has increased. Sale of wine and beer. Repeat again for
September 27th except there is one chef instead of 8.
Ms. Bacon made a motion to grant a 1 day liquor license for July 26th to expire on July 27th. Mr.
Walker 2nd the motion. Vote unanimous.
Mr. Walker made a motion to grant a 1 day liquor license for September 27th to expire on September
281h, Ms. Bacon 2nd the motion. Vote unanimous.
OPEN SESSION:
Dick Williams -
• Tree is being planted possibly by the Lions Club on property not owned by the town. It is owned
by a company that owns the aqua duct underneath that is owned by this company.
• Planning Board concern on Central Tree Estates regarding the permit condition that Mr. Blair put
in sidewalks which has never been done. The amount to be put aside was $8,000. Price would
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have been $23,000 5 years ago. Ms. Nartowicz will follow up with Mr. Kellaher by looking in old
minutes.
• Wachusett Road and Route 68, brush is starting to encroach onto public way. Signs are in the way
and drivers cannot see. Ms. Nartowicz will follow up with Mr. Kellaher.
• Route 68 (541 East County Road) - Planning Board sent a letter to zoning officer. ChiefWeber cease
and desist letter was sent from health department. A letter was also delivered to him from
the constable to cease any burning on the property. DEP is waiting on a phone call if anything
happens again. He is in violation and a court injunction should be issued. Mr. Walker feels all
departments should get together on action. Weber said that they have
been spear heading with the
DEP.
• Discussion with Mr. Kellaher about a map of all the roads in Rutland. Mr. Kellaher is in the
process of trying to have one done with Weston and Sampson. We need the map and it's got to be
done, the sooner the better. This map would include public and private ways. Mr. Kellaher is
working on GIS mapping for the town through a grant.
• The town pulled out the skateboard park from behind Naquag School.
Discussion was held to set it
up somewhere else. Need to have a lot of things available for the youth to keep them in town.
Rutland Heights is a good spot as it backs up to Central Tree School and
there is parking.
• When the cemetery is full the town will be required to provide a place for the townspeople to be
buried. Dick is concerned that there will be no appropriate property
left for this purpose. He loves
this town and don't want things to fall through the cracks.
Town Pool - Ms. Bacon would like clarification on the social media regulations that were established
due to issue with a camera last summer.
TOWN ADMINISTRATOR REPORT:
• Submitted $12,500 municipal energy technical assistance (META) grant application to Department
of Energy Resources for consulting assistance with site selection and procurement for development
of solar assets on municipal land. We should hear on that in the next couple of weeks.
• Soils Importing update.
• Performance appraisals - Treasurer/Collector's remains to be completed. Ms. Nartowicz will
compile all feedback from the Board and finish that process.
• Treasurer/Collector Becky Tuttle, Accountant Dan Haynes, Assistant
Assessor Diane Peterson and
Joe Becker met with Uni bank to discuss refinancing some of the town's long term debt. Goal is to
achieve annual savings and a shorter term. Tax levy will be brought down with excluded debt
refinancing. As this process moves forward, there will be required BOS action. Looking towards
end of July and signing notes as early as the end of August.
• FY2014 Audit - Final audit complete and will be finalized by June 30111 • Ms. Nartowicz submitted
town responses to audit comments. A lot of the responses are related to development of policy.
• Recreation Programs: Meeting scheduled with key staff and Committee Chair next Monday. Lack
of membership on REC committee. Long and short term sustainability of
recreation programs and
effectiveness of current operations need to be addressed. Additional recommendation to the Board
to allow the Rec. Director and Safeplace Coordinator to be under the day-to-day administrative
supervision of the Town Administrator to provide them somewhere to go for direction, and under
general policy oversight of the Board.
• School/Lease agreement - not unanimous agreement between the towns
or between towns and
school on maintenance cost thresholds.
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• Recommend appointing BOS Secretary on a permanent basis for FYI 6 and designate DPW
Superintendent as enforcement authority under scenic roads bylaws. Would like to lighten the
Board's burden by allowing Town Administrator to serve as liaison to departments.
• Employee Code of Professional Conduct and a Workplace Violence Policy- asking for the Boards
approval to release. Developing a Code of Conduct & Ethics for BOS and all Boards and
Committees.
Ms. Dibb made a motion to appoint DPW Superintendent Mr. Kellaher as the enforcing authority
under the town scenic roads bylaw pursuant to the recommendation of the Town Administrator. Mr.
Walker 2nd the motion. Vote unanimous. The Recreation bylaws are very vague. Will make sure
there is no contradiction between the bylaw and oversight of positions. Can a Recreation Committee
meeting be squeezed in before end of fiscal year, before they lose quorum? Ms. Dibb - there have
been a few tough transition years but they've manage to keep things going. Ms. Nartowicz will look
into this and bring to next meeting.
Ms. Dibb made a motion to approve the Employee Code of Professional Conduct as presented by the
Town Administrator. Mr. Pantos 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to approve for distribution the Workplace Violence Policy as presented by
the Town Administrator. Mr. Walker 2nd the motion. Vote unanimous.
Ms. Nartowicz has specific liaison recommendations for specific departments, boards and committees,
all in accordance with her job description. Ms. Pantos made a motion to take the recommendation of
the Town Administrator that she be the sole liaison for the departments listed on her memo of June
19th. The remaining boards and committees will be brought forth in a list for the Boards approval at
next meeting. Ms. Bacon 2nd the motion. Vote unanimous. List of remaining boards and committees
can be brought to next meeting for designation of liaisons. Board to review All Boards Code of
Conduct for next meeting.
Town Administrator recommended that the Chiefs and Dispatch Director meet with the Board on a
monthly basis. Ms. Bacon made a motion to have the DPW, Fire Chief/Ambulance Director, RRECC
Director and Police Chief meet once a month with the BOS or as needed and for the Town
Administrator to meet with them on a more consistent basis. Ms. Dibb 2nd the motion with friendly
amendment - unless specifically requested. Requested that the department heads meet with the Board
on an alternating basis. Mr. Pantos friendly amendment - based on need and not even monthly, at the
Town Administrator's discretion. Mr. Walker if we don't need them here
then they should be required
to come. Vote unanimous.
4th of July Vendor Regulation - Committee requested looking at the possibility of implementing
regulation to prohibit commercial hawkers, peddlers and vendors from engaging in their business on
public property during the 4th of July festivities. Regulation prohibits the activity without imposing
specific penalties but allows the police to ask them to desist. If they have a license they can be there so
it is not obstructing business in that way, but preventing those without a license from impeding
activities. Chapter 101 Sec 3 gives BOS the authority to implement regulations. Ms. Dibb during the
actual parade is when the biggest problem is. The parade is on a state road. So 3rd paragraph would
need to be amended. Ms. Dibb made a motion to approve and enact July 4th Vendor Regulation as
presented by the Town Administrator with the possible inclusion of language that would encompass
Rte. 122A. Mr. Walker 2nd the motion. Vote unanimous.
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FY16 REAPPOINTMENTS:
• Board of Selectmen Administrative Secretary - permanent appointment recommended by Town
Administrator.
• Mr. Pantos exempt one position from the payroll certification. Re-evaluate that position and that
the salary study be done. For instance funds for that position were added to take on additional
work that is no longer being done by the administrative assistant. Ms. Nartowicz recommended
that the position be appointed as listed with the salary survey requested, and hold on Town Clerk
and Dispatch Director salary increases until the surveys are completed. Job descriptions are
currently being prepared.
• Mr. Pantos suggested making the appointments as a slate.
• Darren Ross should be removed as CMRPC rep.
Mr. Pantos made a motion to amend the slate by removing the name of Darren Ross. Ms. Bacon. 2nd
the motion. Vote unanimous.
Mr. Pantos made a motion to accept the amended slate. Mr. Walker 2nd the motion. Vote
unanimous.
FY16 Payroll Certification: Mr. Pantos made a motion to hold Dispatch Director and BOS
Administrative Assistant pending salary review. Ms. Dibb - Town Clerk salary is pending review and
Dispatch Director is funded but waiting for review. There may be other positions that need to be
reviewed so why hold only that one other position. Mr. Clark feels that the salary raise should not be
given until it is reviewed. Mr. Pantos didn't expect such a large overhead when the Town
Administrator started. Mr. Walker feels that it is in process and should be given. Mr. Clark feels that
you can't cut back anyone's wages so it should be held. Ms. Dibb said
this is money that was voted on
at town meeting so it should be approved. Ms. Nartowicz will research payroll certification history
over the coming year to provide consistency moving forward.
Ms. Dibb made a motion to approve the FYI 6 payroll certification with the standing numbers for
Town Clerk pending final review and special town meeting approval, and Dispatch Director pending
salary review. Ms. Bacon 2nd the motion. Vote unanimous.
Ms. Dibb made a motion to enter 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 - Police Sergeant MOU &
Firefighters CBA, and return to open session for purposes of adjournment. Mr. Walker 2nd the motion.
Mr. Clark so declared. Roll Call vote: Clark aye, Walker aye, Dibb aye, Bacon aye, Pantos aye.
Ms. Dibb made a motion to adjourn. Mr. Walker 2 nd the motion. Vote unanimous.
Adjourned at 9: 10 p.m.
Respectfully submitted,
Diane M Cook, Administrative Secretary
Board of Selectmen - Town of Rutland
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