TOWN OF RUTLAND
BOARD OF SELECTMEN
MINUTES
Town Annex
Tuesday, January 20th
6:00pm
PRESENT: Michael S. Pantos - Chainnan, Leroy C. Clark, Sheila Dibb, Joseph Becker. Absent:
Wayne Walker. Also Present: Diane M. Cook, Administrative Secretary. Wayne Walker arrived at
8:08pm.
Mr. Pantos opened the meeting at 6:05pm.
OPEN SESSION: Mr. Clark asked for a moment of silence to acknowledge the passing of the Council
on Aging Director, Sharon Berndt.
Mr. Clark then made a motion to sign the treasury warrant #15. Mr. Becker 2nd the motion. Vote
Unanimous.
Mr. Clark made a motion to approve the minutes of 10/27/2014. Mr. Becker 2nd the motion. Vote
Unanimous.
Mr. Clark made a motion to approve the minutes of 1/2/2015 executive session. Mr. Becker 2nd the
motion. Vote Unanimous.
Mr. Clark made a motion to approve the minutes of 1/5/2015. Mr. Becker 2nd the motion. Ms. Dibb
abstained. Vote passed.
Mr. Clark made a motion to approve the minutes of 1/12/2015. Mr. Becker 2nd the motion. Vote
unanimous.
Mr. Clark made a motion to approve the minutes of 1/12/2015 executive session not to be released. Mr.
Becker 2nd the motion. Vote unanimous.
Town Administrator Position: Mr. Richard Kobayashi of the Collins
Foundation stated that the Town had
reasonable success in the search for Town Administrator since the board unanimously settled on a
candidate. As a result of circumstances - neither the town or the Foundation has any fault - there is a
feeling that we are back at square one. We know the profile, job description and have delegated certain
powers to the position. We have advised the Town that the most effective course of action is to readvertise.
We've had this happen a few times before - not many. We are very well aware that over a 3-4
month period the people in the job market change. Mr. Kobayashi indicated that he had sent a document
to Ms. Dibb and Mr. Pantos confirmed that it had been circulated to the Board for review. Mr. Kobayashi
distributed a copy of the memorandum. He stated that the key in re-advertising is to not change the
profile but add some specificity about the salary. The proposed language would be: "salary anticipated in
the $90s to lower $100s depending on qualifications." It sends a signal to the potential applicants that the
town is willing to stretch for the right candidate. "Depending on qualifications" is an important qualifier.
In the business we need to be honest but also send signals that this is a worthwhile place to apply to. Last
time we said: "will pay similar to surrounding towns." Some people thought it was Holden and not
Hubbardston. Let' s make this attractive but not obligate the board.
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
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Ms. Dibb indicated that adding the extra verbiage might entice a good candidate to apply. Mr. Pantos
agreed and said that one of the first items to discuss is salary. Ifwe indicate lower $1 OO's would a
candidate have reasonable expectation that we would stretch higher? It is a concern to him
about the
range.
Mr. Kobayashi said that if the language is accepted as is, when they are talking to candidates, they would
assess their salary expectations and would explain what low$ I OO's means in the Rutland context. This
would set realistic expectations without putting the burden on the
board.
Mr. Becker stated that he would put salary expectation right up front.
Mr. Kobayashi said that they would
present that information conversationally. Mr. Becker wants to be sure that the salary expectations of the
town be expressed specifically. Mr. Kobayashi said that they represent the board and would ensure that
this topic was discussed.
Mr. Pantos wants to be sure that they have the right candidate as it is the first Town Administrator and we
need to get it right. Mr. Kobayashi agreed.
Ms. Dibb voiced concerns that she does not believe that the number was the deal breaker for Mr. Luttrell.
There may have been other concerns involved.
Mr. Kobayashi informed the Board and the public that there have been a number of times where the first
candidate didn't work out. Mr. Kobayashi stated that they would stick with the town until this is
resolved.
Ms. Dibb made reference to the fact that although we are starting over, we are not eliminating the
previous candidates, but augmenting the pool. Mr. Kobayashi suggested that the Foundation would send
an email to the previous candidates to let them know that the Board is continuing the seek candidates for
the position that they are still in the running. Mr. Clark prefers that the previous candidates reapply to let
us know they are serious.
Mr. Kobyashi said to clarify business matters, the Foundation will not charge the town any additional
professional fee, continuing on the assumption that the town will
reimburse their out of pocket expenses.
There is no need for a new contract. The expenses are mostly advertising. It is understood that it is the
Board's preference that there will be no commission background checks until the pool has been narrowed.
Mr. Pantos stated that the Board would draft a letter of understanding. Both parties agreed that email
correspondence would be adequate.
Ms. Dibb make a motion to accept the email letter of understanding with
the salary anticipated to be in the
$90's to low $1 OO's, and that the Foundation will not charge the town any additional professional fee,
continuing on the assumption that the town will reimburse their out of
pocket expenses. Mr. Walker 2"d
the motion with a question. For planning purposes what would the anticipated expenses be? Mr.
Kobayashi said that it could be $1,000, but it would probably $800. The background check is just over
$450 and there would be only one check. Vote unanimous.
Council on Aging - Rose Anne Ferrandino, Melanie Palmer and Nancy
Nichols: Mr. Becker expressed
deepest sympathies on behalf of the Board on the passing COA Director, Sharon Berndt. Ms. Ferrandino
said that they hardly know where to start. There are budgets, warrants and other items that need to be
taken care of. Nancy Nichols will probably be posting our monthly meetings. Jackie O' Brien might be of
some assistance with job descriptions.
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
Town Annex - Tuesday, January 201
1, - 6:00pm
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Mr. Becker stated that the Board has no concrete answers tonight. Ms.
O'Brien will certainly help,
especially with the warrants. He asked if Ms. Nichols had been performing the administrative work. Ms.
Nichols stated that they (Ms. Nichols and Ms. Berndt) had an open office so they both worked together
and that she has covered when Ms. Berndt was out. Ms. Nichols can continue to perform all the every
day things. Ms. Nichols stated that she does not know formula grants, but has had numerous people offer
their help with that. Ms. Berndt had a passion and Ms. Nichols would like to continue on with that.
The next COA is meeting tomorrow night. Mr. Becker suggested they add a delegation of signatory
authority to their agenda and they should designate an interim
appointment to bring back to the BOS for
the 1/26/2015 meeting. Mr. Clark will attend the COA meeting at 7:30pm. The COA will provide the
job description from the last salary profile matrix and the keys will
be taken care of with Mr. Kellaher.
DPW: Solar companies - Mr. Kellaher and Mr. Peter Letsky met with a couple of solar companies
recently. Mr. Kellaher handed out facts and figures. It was a very productive meeting. Mr. Peter Letsky
stated that the advisory group committee is meeting for discussion. There are two companies using
credits and they have their recommendations. Mr. Letsky set out the
terms from that meeting. A
discussion was held about this ongoing topic. Mr. Kellaher and Mr. Letsky would like to get this deal
solidified now at the 0%.
Discussion continued regarding other options. Mr. Becker requested verification that the discount holds
for a 5-year contract and Mr. Kellaher confirmed. Mr. Letsky verified that there is no escalator for 5
years, then 3% yearly after that.
Ms. Dibb stated that she would like to see our school buildings under this umbrella - without a municipal
light building; we are at a disadvantage and at National Grid's mercy.
Ms. Dibb made a motion to send the 0% construction contract to town
counsel for review as per the
recommendation of Mr. Letsky and Mr. Kellaher. Mr. Becker 2"d the motion. Vote Unanimous.
Water Department - Mr. Becker and Mr. Kellaher met for a conversation with Mr. Jenkins. Mr. Kellaher
met with the water department employees and found that they are in favor of the Chief Water Operator
staying out of the union and not paying dues. They are all right with
every 3rd weekend to work along
with one other day during the week in order to retain him as a 9/60 employee. February 2nd is the cutoff
date. They will start that weekend or the following with the new schedule. They will work towards
bringing Mr. Cannell on, and will get the wording from Mr. Kopelman so the Board can sign off.
Brice - Lemon - Mr. Kellaher received a call that they are going
through a new plan for a new extension
permit to go with revisions on their plan. OCR has not rescinded any
permitted process - just sewer no
water. Mr. Kellaher contacted legal upon receiving the phone all. This is just an update.
Chapter 90 Reimbursement requests update - We are trying to finish up on our requests for
Pommogussett Road from last year. For some reason the other departments have not yet turned in their
invoices. Not sure if that provides enough time to do proper research
for Chapter 90.
Rutland Heights - Fishpond Dam - The evaluation report shows it must be re-inspected and approved by
May 2016, which is not a lot of time. Mr. Kellaher brings this matter to
the Board because the Town has
never owned this property. Discussion was held and Mr. Kellaher stated that it is now our responsibility.
It was previously owned by the Commonwealth. Mr. Clark said that the Commonwealth should be
TOWN OF RUTLAND-BOARD OF SELECTMEN MINUTES
Town Annex -Tuesday, January 20111
- 6:00pm
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responsible for repairs before we take it over. If we accept it the way it is, it will cost. Do we own it?
Council should be asked.
The dam is a necessity and the land will flood if it is not there. Mr. Pantos asked if any other controls be
put in place. Mr. Kellaher said there is not and he will need to get with the dam people in order to
respond to any other questions.
There is heavy truck traffic on our dirt roads. Rumor of a new development that will be requested called
Glenwood Place. It is a cart road from there back and something is being built. We should at least stop
the process for this time of year. BOH is also concerned. If an ambulance had to go through there would
be a problem. Mr. Kellaher will repair the road tomorrow before the ruts get any deeper and he would
like the Boards approval to stop that truck traffic. There is a regulatory sign posted.
Ms. Dibb indicated that there is there an opportunity to charge back if we know who did it. Mr. Kellaher
has tried that before to no avail. Ms. Dibb asked for the bill to be brought to next meeting for review.
Brice - Lemon - Mr. Kellaher reported that there are 2 cease and desists filed, along with a notice of
change. Ms. Dibb reported that MEP A is coming out tomorrow for a non-public walk through with a
meeting following and does the board want representation from the town? Mr. Clark was asked by
conservation to show up.
Mr. Pantos shared an email from Marcia Warrington (The General Rufus Putnam House) requesting that a
letter be written to MEP A from the Board. Mr. Pantos asked if this should be a matter for the historical
society. Ms. Dibb stated that this I not just historical but involved many different aspects. Mr. Pantos
requested that Ms. Warrington speak with the other Boards as well. Ms. Dibb feels it is important to have
people there and in the absence of a town administrator then Mr.
Kellaher should go. There was further
discussion and Ms. Dibb volunteered to go with Mr. Clark.
Mr. Becker agrees with Mr. Pantos that we are not sure what relevance the Board would have to this
process. He would only agree to sign a letter depending on the content. Mr. Pantos agrees, and feels that
the Board should not speak as to a position. There is a significant effect on the future of the town sewer
and planning. There are crossings over wetlands, etc. There is an element that has to do with the town.
Mr. Pantos stated that there should be a plan filed with the Planning Board at least.
Mr. Becker requested that Mr. Kellaher deliver his completed
performance review and noted that this
matter was on the last meeting agenda. Mr. Kellaher presented a draft of
his portion of the review. Mr.
Backer noted that Form 2 has been received, but not Fonn 1. Mr.
Kellaher was not aware of a Form 2 so
it has not been completed. Mr. Pantos requested that Mr. Kellaher complete Form 2.
FIRE: Chief Weber presented an update regarding a situation with the plumbing. He reported that the
shower plumbing has finally failed. It is installed on concrete block and is a special type of shower. He
is in the process of obtaining information and quotes on the cost to repair. The Plumbing Inspector has
reviewed the situation and noted that the cost will will most likely be significant - possibly over $2,000.
There is currently cash available, but it might need to be backfilled
later on in the year. The majority of
cost is equipment.
TREASURER (Rebecca Tuttle): Ms. Tuttle passed out some documents regarding the permitting
process. Mal's Auto Licensing,- Mr. Pantos reviewed the pennitting
process for 206B Barre-Paxton
Road, which is not a valid address. There is a 204 Barre-Paxton Road
owned by (Richard Novak),
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
Town Annex - Tuesday, January 201
" - 6:00pm
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RDDR, Oxford, MA. There are outstanding taxes on that property for I st and 2nd quarter - a check was
received today for the 1st quarter. There were personal property bills, but the values for the last 2-3 years
are at -0-. The business certificate on file by Mr. Novak is expired.
Mr. Papaz has applied for a business
license on the premises. His personal residence is at 33 Barre-Paxton. That property has 1st and 2nd taxes
owed. The current business license requested is for Mal's Auto.
Because of this issue, Ms. Tuttle presented the process of checking tax status before pennits are issued.
Discussion ensued. Mr. Pantos suggested that Ms. O' Brien should provide a list prior to issuing any
licenses. Ms. Tuttle will check the law as to how Jong taxes need to be delinquent before a license can be
denied for that reason.
After discussion, Ms. Dibb made a motion to revoke the Class II license issued to Mr. Papaz for Mal's
Auto located at the nonexistent 2068 Barre-Paxton Road. Mr. Clark 2nd the motion. Vote unanimous.
Mr. Papaz is to stai1 from scratch on the process with addresses as listed on assessor's maps. The BOS
office will contact Mr. Papaz to let him know to start the process over again.
Fire Chief Performance Review - Mr. Pantos thanked Chief Weber for completing the fonns and
highlighted the review and discussed the ratings. The Chief requested to respond to some of the items in
a written memo to the board. Mr. Becker agrees with the stipulation that there might be some items that
need further discussion. (7:50pm Chief leaves - He will be out of town and has provided coverage.)
Building Inspector - Mr. Cassenelli reported that letters were sent out to 541 East County Road. The
process started after Christmas. There was first an email dated 12/30 with OCR. On the 31 st a letter was
sent to the BOH as well as to Robert Harthan - owner of property who lives in Florida and to the
conservation committee. Mr. Harthan received his letter on January 3rd and called from Florida on
January 6th. Ben Harthan Delaury is Mr. Harthan 's grandson and is in
charge of the property. Mr.
Harthan is 87 years old and is not aware of what is going on with the property. Mr. Harthan did not
provide pennission for the Town to go on the property to inspect.
On January 71
" Mr. Harthan Delaury called and explained that he let Matt Trafton move onto the property
to start a business. Mr. Cassannelli told Mr. Harthan Delaury, on the 7'" and on the 14111, that, as the
owner, he needs to inform Mr. Trafton that he cannot operate a business on that property as it is not
allowed in that zone. Mr. Harthan Delaury does not want to tell him that as Mr. Trafton intends to buy
the property. Mr. Harthan Delaury said that Mr. Trafton has paid back taxes, which in fact he has not.
Mr. Cassannelli stated that before Mr. Harthan Delaury can wash his hands of the property, it needs to be
cleaned up. Ms. Tuttle confirmed that demands have been sent for 2013 and 20 I 4 taxes. There is a note
in the town files that someone is buying the property and that they
will pay for the taxes.
Mr. Cassannelli confirmed that the owner of the property has a cease
and desist. Property taxes will be
handled by the tax collector. Ms. Tuttle is to send out another certified letter setting out the conditions
and notifying them that the property will be taken if the taxes are not paid.
On the 141
", Michele Delamari from the MA DEP received a call from the neighbor complaining about the
burning. She went to the property and was not given permission to step onto the property. She asked if
Mr. Cassannelli would call the owner to ask pennission. Mr. Cassenelli asked Mr. Harthan Delaury on
the 14'" for pem1ission to go on the property. Mr. Cassenelli called Ms. Delamari to let her know that the
owner refused. Ms. Delamari then stated that she could get a warrant or
probable cause.
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
Town Annex - Tuesday, January 20111 - 6:00pm
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Mr. Clark said that the tenant has removed quite a bit of trash off the property. It is
cleaned up
considerable from a couple weeks ago.
Ms. Dibb said that the BOH needs to take this up at their next meeting. They did an inspection of the
property as an agent as it is a zoning issue.
Discussion ensued as to the proper procedure in order to move forward. Mr. Becker would like
enforcement of the cease and desist. The Police will move forward with enforcement and will contact
town legal counsel in order to take action in order to enforce this action.
Mr. Becker restated the motion to pursue enforcement action on the cease and desist order that was issued
and to authorize the Chief to contact legal counsel to determine and pursue the best course of action. Mr.
Clark 2"d the motion. Vote unanimous.
Building Commissioner Interviews- Next Thursday is set for interviews. Mr. Becker brought information
regarding the licenses. Joe McEvoy is our state contact. At a minimum, folks must have a minimum or 5
years experience - construction supervisor's license for 5 years. Or a degree in engineering or
architecture. An inspector can be hired provisionally to obtain license within 18 mos. After obtaining
local inspector license, also obtain a Building Commissioner's license within another 12- 18 mos.
Mr. Cassannelli said local license has 6 mos, then commissioner within 12 mos after the 6 mos. Building
Commissioner's license is 18 mos. Mr. Pantos requested that Mr. Cassannelli forward the information to
the Board for further review.
The interviews are set for the 29111, Yi hour each starting at 6:00pm. Mr. Becker stated that at the last
board meeting the Board agreed to interview the following applicants:
BJ Church
Chris Daniels
Will Cassenelli
Police: over last 4 mos 3 guys out injured. Submitted some fom1s for approval for the town in order to
obtain proper documentation of the injuries. Secretary to provide questions from previous interviews to
the Board and to write thank you letters to those not selected for interviews.
POLICE: Chief Haapakoski reviewed a new form to be used for providing information on medical
releases for the town which provides necessary infonnation required by insurance companies.
Chief Haapakoski stated that there is a grant for $95k that Central
Mass Task Force has applied for. This
grant would supply Rutland with $3k towards some equipment for a narcotics task force.
The Chief has interviewed five candidates for the position of full time police officer. There are three
viable candidates. The Sergeant has interviewed lead candidates for position of part time police officer
and has narrowed it down from ten applicants to three. Mr. Pantos asked if all three applicants for the full
time position are successful, is it worth keeping the 3 candidates despite the cost of hiring? The Chief will
look into that depending on budget restrictions. Mr. Clark asked for clarification for the cost of in-house
shift coverage training. For example, there is one person who was paid time and a half for three 8-hour
shifts for training. Chief said that it is in the contract. Discussion ensued.
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
Town Annex -Tuesday, January 201
1, - 6:00pm
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Mr. Becker questioned the admin time that shows on payroll report. The
Chief stated that is make-up
time for the Sergeant - the difference from what he should have made to what he was paid because of a
glitch in his payroll. It is an administrative adjustment that has always been manual. Ms. Tuttle verified
this.
Referring to a questionnaire received in the mail by dispatch, Mr. Clark asked why a request is made on
residential form as to where guns are kept on personal property? Mr. Clark said that he received it via
email with no letter of explanation and it requests the residents to provide information as to where their
personal firearms are stored. The Chief stated that this questionnaire
has been used for businesses and
now being used for residential and is voluntary. Gun licenses are registered with the state, not the town.
A letter went with the form to explain. This letter was sent out to all residents in the dispatch area.
Discussion ensued. Chief did not realize the firearms question was on there. Ms. Dibb read the statement
as posted on FB re: critical information. Mr. Pantos requested that the Board be included on
communication such as this so they are able to respond to questions.
Without going into great detail, Ms. Dibb brought up an email that was sent out by the Chief regarding
recent activity, which is making national news. Is there something the Board can do for the Police to
help. The Police Chief is looking to set a meeting set up in this regard with Mr. Steve Reardon and
invited a member of the Board to attend.
CORRESPONDENCE: Girl Scout Project - Mr. Becker said that Kelly
Bolland and Lisa Lemeroux
are looking a project that their troop can participate in. Mr. Becker brought up a weeding and sprucing up
project for the town building landscaping. Mr. Kellaher will get generic waivers. The town might need
to buy some mulch or whatever.
Town Spruce Up Day?
Arbor Day?
Sign needs to be spruced up at park?
Playground clean-up?
Trash pick-up?
Mr. Becker will get back to the girl scouts and with Mr. Kellaher for coordination.
Historical Society re: Boston Post Cane - Mr. Pantos suggests having Baypath create some canes for us.
Put town insignia on handle and individual's name and date of bi11h on the cane. Discussion ensued. Mr.
Pantos will take picture of the original cane to provide to Baypath and will bring information forward to
the board.
Solicitation Bylaw - Mr. Pantos stated that we are good to go with that bylaw. He will forward an email
to the Chief to respond directly to the resident who sent an email
inquiry in this regard.
Finance Committee request for reserve fund transfer for Town Administrator search costs: $1, 750 was
the cost for background checks for four candidates. Invoice is due now.
We should ask for a breakdown
from the Collins Foundation so the invoice can be paid from the appropriate budget.
Ms. Dibb will reach out to Mr. Kobayashi for items one and two. Mr. Pantos will respond to FinComm
on item number three.
TOWN OF RUTLAND - BOARD OF SELECTMEN MINUTES
Town Annex - Tuesday, January 20'" - 6:00pm
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Mr. Pantos presented a resignation from Melissa Richardson, part-time dispatcher, with an effective date
of January 51
". Mr. Becker made a motion to accept the resignation of Ms. Richardson effective January
5, 2015 as presented. Mr. Clark 2"d the motion. Vote unanimous.
Discussed ensued regarding a request for a one-day liquor license for Lettuce Be Local. Mr. Clark made a
motion to approve a one-day liquor license for Lettuce Be Local. Mr. Walker 2"d the motion. Vote
unanimous.
Mr. Clark made a motion to adjourn. Mr. Becker 2nct the motion. Vote unanimous.
Adjournment at 9:00pm.
Res1)::>)t~
([)ian£ 'M. Cooli., Administrai Secretary
Town of Rutland, Board of Selectmen
Approved: 1- I ~- -----.. , 20 I 5
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