ࡱ> a Ybjbj 7F\F\Qf f 8*lDf^888llldfffffffffffff$h}kLflllllf884f!!!lF88df!ldf!!2fUlZ8`tUFW.Pff0fXk^k\ZZk[ ll!lllllffVjlllfllllklllllllllf > : TOWN OF RUTLAND BOARD OF SELECTMEN MINUTES Monday, April 25, 2016 Rutland Public Library 6:00 P.M. 6:01 P.M. Mr. Clark called the meeting to order, it will later be televised on channel 191. Present: Leroy Clark, Wayne Walker, Mike Pantos Others: Margaret Nartowicz, Town Administrator and Abby Benoit, Administrative Secretary Absent: Sheila Dibb, Stephanie Bacon Mr. Pantos made a motion to sign payroll and Warrant #22, Mr. Walker 2nd motion. Vote unanimous. Mr. Walker made a motion to approve meeting minutes from April 11, 2016. Mr. Pantos 2nd motion. Vote unanimous. Open Session: Anita Carlson and Adam Suzor: Anita Carlson discussed the Town website, she explained that it was first launched with Virtual Town Hall in 2007. The Town has not had any problems, and Virtual Town Hall has a good trouble shooting department. Adam Suzor, Shared IT Director, has discussed other options with Ms. Carlson. The cost of Virtual Town Hall is $2800.00 per year, which is currently prepaid through September 30, 2016. Mr. Suzor explained that the current website is not mobile friendly, has poor response time, and social media integration is not available. Mr. Suzor is proposing that the Town move the website to Wix. Wix is user friendly, there is a how to use section, it is both mobile and desk top friendly, has professional branding, and social media integration. Mr. Suzor will establish a procedure for departments to put information on the website. The annual cost to use Wix is $160.00. Mr. Suzor plans to run Rutlands website redesign 1-2 months behind Barres website redesign, for additional savings Mr. Pantos made a motion for Mr. Suzor and Ms. Carlson to move forward with the website redesign through wix.com. Motion was 2nd by Mr. Walker. Vote unanimous. Mr. Pantos made a motion to authorize Ms. Nartowicz or Ms. Carlson to inform Virtual Town Hall that the Town will not be renewing their contract. Wayne 2nd the motion. Vote unanimous. Public Comment: Steven Sherman, 79 Paddock Road, introduced himself to the Board. He stated that he still has concerns with Devereux, and he would like them to take responsibility for their clients and get their own security. Mr. Sherman understands that there are a lot of rules, regulations and laws which govern Devereux. He is hoping to work with Representative Kimberly Ferguson. He is upset that Devereux has put a community house behind his home. He has spoken to a representative from Devereux and spoken to Representative Ferguson, they have advised Mr. Sherman him not to worry about the community house. Mr. Sherman discussed recent police reports with regards to the Devereux School, he asks that the Board communicates with Representative Ferguson. He wishes that the school reach out to abutters prior to purchasing a community home. Mr. Pantos asked if the Board can legally ask who is purchasing a home so they can notify neighbors. Ms. Nartowicz advised that the Board will need to check with Town Council. Mr. Sherman stated that Devereux needs to know that people are unhappy with the community homes in their neighborhoods, and that the police force is being put in jeopardy. Department Updates Town Administrator, Margaret Nartowicz: Ms. Nartowicz discussed a contingency budget if there is a failed override. The contingency budget reflects reductions for each department, the reductions will apply to the departments that requested budgets greater than the 2.9 % tax levy increase. As it stands, there are going to be departments that will not be able to absorb the reductions. The requested reductions are for ambulance wages, an $80,000 decrease in Public Works, and a $10,000 decrease for the Police Department. Part of the Police Department reduction will be absorbed by the Regional Dispatch budget. Reductions are sparse for most general government. The Town will also reduce the health insurance plan by one family for Fiscal Year 2017. Typically there are 1-2 additional subscribers built into the plan for staffing purposes. Reducing the plan by 1 family will save the Town $17,000. There will also be a reduction for debt services. This year the Town attempted to pay debt for the loader. The reductions will require that this debt be deferred to Fiscal Year 2018. With all reductions, there is still a shortfall of approximately $40,000. The finance committee will be meeting Thursday night, there should be a failed override plan set by that time. Mr. Kelleher asked how the $40,000 shortfall will be divided up among departments. Ms. Nartowicz advised that it probably will not have additional impacts on DPW, as the budget would already be reduced by $80,000. DPW, Gary Kellaher Complete Streets Program: Mr. Kellaher confirmed that he has registered the Town for the Complete Streets Program. This is an opportunity to receive $200,000 for a number of different projects. It is typically $40,000 per project. Rutland is a member, and has been accepted into the program. Mr. Kellaher will be preparing a list of projects and their purpose. Mr. Kellaher will inquire with boards, committees and public to see if there is any areas that may be of concern. The Town may need to pay for engineering through Chapter 90 funds. It is a good program and free money. Mr. Kellaher would like to finish the sidewalk on Central Tree Road. Mr. Kellaher will take the lead of the project list, along with Ms. Nartowicz and Dick Williams. National Grid Energy Audit: The energy audit application has been sent in, it is non-committal at this time. Mr. Kellaher is still waiting on the final report, the report covers interior and exterior building lights. Mr. Kellaher mentioned that part of the budget reduction would include shutting off 50% of the Town lights, this would have a savings of $7,000 annually. There was discussion about whether this is a good choice. Mr. Kellaher advised that there are no additional line items to pull from. New Business: Recreation Committee Resignation: Mr. Pantos made a motion to accept the resignation of Robin Monahan from the Recreation Committee, effective April 15, 2016. Mr. Walker 2nd the motion. Vote Unanimous. The Board discussed whether an exit interview would be necessary, there is a large turnover for this committee. Ms. Nartowicz agreed that an exit interview can be scheduled. The Board recommends that there be a policy created for exit interviews. Board Designee for Dispatch Director Negotiations: Ms. Nartowicz requested that the Board designate a board member for Dispatch Director Negotiations. Mr. Walker volunteered. Mr. Pantos made a motion to designate Mr. Walker, as the Board designee for Dispatch Director Negotiations. Mr. Clark 2nd the motion. Vote unanimous. Mr. Pantos read the resignation letter from Fire Chief, Brad Webber. Mr. Pantos made a motion to accept the resignation of Fire Chief, Brad Webber, and effective April 28, 2016. Mr. Walker 2nd the motion. Vote unanimous. Ms. Nartowicz advised that authority defaults to the Chair of the Board, unless there is another designee. The Board will need to appoint someone and consider the delegation of authority to run the department short-term, until the positon is filled. Mr. Clark states that he does not know the day to day operations of the Fire Department. He would like to delegate authority to Mr. Pantos. Mr. Pantos states that he would be happy to assist short-term. Ms. Nartowicz requested that the Board meet as soon as possible to establish a path. Mr. Walker has recused himself from discussion regarding the Fire Department and a quorum is not present for this topic. Old Business Town Meeting Motion: Ms. Nartowicz read the Articles for the Special and Annual Town Meeting. Ms. Nartowicz provided a free cash update. If all articles are funded at the Special Town Meeting, there will be a remaining balance of $13,226.41. The balance started at $277,426.88. Mr. Pantos asked Mr. Brian if he would like to speak under Open Session. Mark Brian, Edson Avenue, introduced himself to the Board and expressed concerns about a recent complaint filed. Ms. Nartowicz confirmed that the complaint was received and is being addressed. Mr. Pantos made a motion to go to recess until the 8 P.M. scheduled hearing. Mr. Walker 2nd the motion. Vote unanimous. 8:03 P.M. Mr. Clark announced the reopening of the Public Hearing regarding the Davis Property, Chapter 61 A. The hearing is being continued from April 11, 2016. Mr. Clark advised that Ms. Bacon is participating remotely, as she is not in the area. Ms. Dibb may also join remotely. Bob Cox, Emerald Road, introduced himself as a member of the Rutland Land Conservancy. He advised that the Conservancy is asking the Board to assign their Right of First Refusal, which would allow the Town, a third party, or a green buyer to become the owner of the property. The Conservancy is prepared to get a bridge loan through the Conservation Foundation, in anticipation that the Town will apply for a grant which is available through State funds. They also ask that the Board put an article on a Special Town Meeting, to raise the money to acquire the Davis Property. They ask that the Town cleans up the Open Space Plan, this is required before any funds can be disbursed if the grant were received. They expect to hear in the fall if the grant will be awarded. In the meantime, the Conservancy will pay for the land and close within 90 days. The grant is $347,000. They have been in contact with The Conservation Commission, there potentially could be $80,000 available from the Commission. There are additional cost which include surveys, closing cost, etc., this is approximately $35,000. If the grant were received and the Conservation Committee contributed $80,000, there would still be a gap of $120,000. Mr. Cox provided a timeframe to the Board. The Conservancy agreed to work with the Town to help apply for the grant. They do ask for the Boards support to help facilitate the deal. Mr. Cox states that the Conservancy already has a commitment of $26,000 from residents. Mr. Pantos asked what needs to be changed on the Open Space Plan. Mr. Cox explained that the plan was submitted in 2015, it was approved with conditions. There are 14 conditions that need to be implemented to make the Town eligible. Cindy Trahan-Liptak said that the plan was incomplete it some areas, the State is requesting additional language. For example, the State was asking for a list of endangered species in Rutland. Ms. Bacon expressed concerns that none of the funding is guaranteed. Mr. Cox confirmed that there would still be a gap of $120,000 if anticipated funds are received. Ms. Nartowicz stated that the Town is not in the position to take out a loan or fund the purchase through the tax levy. The intent is to impose no cost to the Town. Mr. Pantos asked if the Conservancy has the $50,000 for the deposit. Mr. Cox clarified that the required deposit is $45,000. Attorney David Southcott, representing Mr. Davis, stated that Mr. Davis would prefer to move forward with the deal that he has on the table. He recognized that the Towns right can be assigned, if all necessary documentation is received by May 6, 2016, Mr. Davis will be obliged to move forward with the conservancy. Sheila Dibb joined the meeting remotely at 8:29 P.M., Mr. Clark announced that Ms. Dibb joined remotely. Attorney Kiritsy, East County Road, referenced case law involving the Town of Stow. He stated that there is a disagreement, the law requires that a deposit be posted if the Board were to sign its right to the Conservancy. Mr. Cox stated that he has drafted a notice of assignment, and has the original purchase and sale agreement. The Board will only be assigning the existing purchase and sale agreement. Mr. Pantos asked what would happen if the grant money isnt received. Mr. Cox advised that the Conservancy is the only party at risk, as they will be holding the bridge loan. Mr. Cox mentioned that a 3rd party green buyer may be able to develop a portion of the land, and they can make sure that the property remains in conservation. If the grant is not received, there would be no delay to Mr. Davis. The conservancy intends to close on the property within 90 days of the assignment. Mr. Pantos asked a resident to speak about previously presented figures. Matthew Lavoie, Grizzly Drive, stated that he has been discouraged by the last few meetings. There seems to be a split between emotion and the actual numbers. The buyers attorney has gone on record saying that if the existing deal goes through, 50% of the land will remain as open space. Attorney Southcotte spoke about the requirements on or before May 6, 2016. He asks that the Town release its right of first refusal. Mr. Walker asked about the 90 timeline. Attorney Southcotte confirmed that the deal will need to close within 90 days of the original 120 day timeline. Ms. Bacon stated that she has not heard anything concreted or guaranteed regarding funding. She is not sure she wants to take the chance for the Town to end up in litigation. She asked Mr. Cox if they have the deposit, he replied that they do not have the deposit in hand. He expects that it can be raised by the deadline. The Conservancy intends to give a proposed purchase and sale agreement, along with the deposit. The Conservancy will be looking to citizens to contribute funds for the deposit. Mr. Pantos asked the Conservation Commission about their funding. Joseph DellAquilla, Chairman of the Conservation Commission, confirmed that the Commission has been approached by the Conservancy regarding funding for the Davis property. Currently the Commission has approximately $100,000 in funds, they have not formally met or voted. They are scheduled to meet with the Conservancy on May 3, 2016. At that point they will review a plan and submit the plan to Town Council and the Board for their blessing. There has been discussion regarding an $80,000 contribution, however nothing has been formally voted on. There was a brief recess at 8:52 P.M. for the camera. The Board returned from recess at 8:53 P.M. Mr. DellAquilla confirmed that the purpose of their funds is for deals like 61A property, but he cannot estimate how much will be available, as it is the Commissions decision. The 14 points on the Open Space Plan will also be discussed at the next meeting. The original plan was prepared by two consultants, it was accurate in 2010, but was not properly submitted. Mr. DellAquilla is not sure how much time it will take or if the Commission will need to bring in a consultant to make the updates. Ms. Dibb believes that by the Board assigning its right to the Conservancy, it would be long-term financial interest of the Town. The seller will not be impacted and will be able to close either way. The Conservancy cannot apply for a loan if they do not have the right to purchase the property, they are the ones taking all of the risk. The grant is not guaranteed, but the Town has been given a path that will help stabilize the Towns growth and financial situation. It will also make a statement about Rutland. Rutland has already missed out on opportunities, Ms. Dibb does agree that the money should not come from a tax levy. Ms. Dibb asked about the split of 70% conserved open space and 30% limit to development. There was additional discussion about the percentage of land that could still be developed, even if the Town were to assign its rights to the Conservancy. Attorney Kiritsy read the 61A Statue. Robert Liptak, Main Street, said that the intent is to preserve the land. If the land does have to be developed, he would rather see a green buyer build on it. Mr. Walker made a motion to assign the Towns right of first refusal to purchase land owned by Glenn H. Davis, of 126 Willard Road, Ashburnham, Massachusetts, Gary A. Davis, of 24 Old Beach Glen Road, Rockaway, New Jersey and Kathie R Moskovitz, of 40 Alvin Drive, Norwalk, Connecticut, located on Main Street, Rutland, MA and described a deed recorded with the Worcester South District Registry of Deeds in Book 4392, Page 165, pursuant to G.L.c. 61A, 14 to Rutland Land Conservancy, Inc., a nonprofit conservation organization, for the purpose of maintaining no less than 70% of said land in use as forest land under G.L. c. 61, as agricultural land under G.L. c. 61A, or as recreation land under G.L.c. 61B, and in no case shall the assignee develop a greater portion of the land than was proposed by the developer whose offer gave rise to the assignment. Ms. Dibb 2nd the motion. There was discussion of the Land Conservancy taking the risk and why would the Board walk away and not at least attempt to acquire the land. There is no risk to the Town. Ms. Dibb asked if the motion can be amended to add that the Town will apply for a grant and attempt to get funding for the purchase. Mr. Walker did not accept the amendment and stated that the motion is solely for assigning the Towns rights. Roll call Vote: Walker aye, Dibbs Aye, Pantos nay, Bacon nay, Clark nay. Ms. Dibb made a motion to assign the Towns right of first refusal to purchase land owned by Glenn H. Davis, of 126 Willard Road, Ashburnham, Massachusetts, Gary A. Davis, of 24 Old Beach Glen Road, Rockaway, New Jersey and Kathie R Moskovitz, of 40 Alvin Drive, Norwalk, Connecticut, located on Main Street, Rutland, MA and described a deed recorded with the Worcester South District Registry of Deeds in Book 4392, Page 165, pursuant to G.L.c. 61A, 14 to Rutland Land Conservancy, Inc., a nonprofit conservation organization, for the purpose of maintaining no less than 85% of said land in use as forest land under G.L. c. 61, as agricultural land under G.L. c. 61A, or as recreation land under G.L.c. 61B, and in no case shall the assignee develop a greater portion of the land than was proposed by the developer whose offer gave rise to the assignment. Mr. Walker 2nd the motion. There was additional discussion regarding development limitations. Mr. Walker asked Mr. Cox if the Conservancy would be comfortable with the 15% limitation of land development. Mr. Cox said that the goal would be for 100% of the land to be conserved. Mr. Cox stated that the Board is limiting the opportunity for the Conservancy to find a third party green buyer if necessary. Ms. Dibb entered the meeting at 9:25 P.M. Marcia Warrington, Main Street, stated that the Board represents the community, and they need to allow the Town to save the beautiful property forever. Roll Call Vote: Ms. Dibb aye, Mr. Walker aye, Ms. Bacon nay, Mr. Pantos nay, Mr. Clark nay. Ms. Dibb made a motion to assign the Towns right of first refusal to purchase land owned by Glenn H. Davis, of 126 Willard Road, Ashburnham, Massachusetts, Gary A. Davis, of 24 Old Beach Glen Road, Rockaway, New Jersey and Kathie R Moskovitz, of 40 Alvin Drive, Norwalk, Connecticut, located on Main Street, Rutland, MA and described a deed recorded with the Worcester South District Registry of Deeds in Book 4392, Page 165, pursuant to G.L.c. 61A, 14 to Rutland Land Conservancy, Inc., a nonprofit conservation organization, for the purpose of maintaining no less than 100% of said land in use as forest land under G.L. c. 61, as agricultural land under G.L. c. 61A, or as recreation land under G.L.c. 61B, and in no case shall the assignee develop a greater portion of the land than was proposed by the developer whose offer gave rise to the assignment. Mr. Pantos 2nd the motion. Roll call vote: Ms. Dibb aye, Mr. Pantos aye, Mr. Walker aye, Ms. Bacon nay, Mr. Clark nay. Mr. Cox stated that it would be appropriate for support from the Town on the warrant and that the Board supports the Conservancys activities to purchase the Davis property. Ms. Dibb made a motion for the Town of Rutlands Board of Selectmen to support with all capabilities in assisting the Conservancy, by applying for the available grant, as well as perusing all additional funding opportunities not under the tax levy. Mr. Walker 2nd the motion. Roll call vote: Mr. Pantos aye, Ms. Dibb aye, Mr. Walker aye, Ms. Bacon aye, Mr. Clark did not vote. Mr. Cox thanked the Board. Ms. Dibb made a motion to close the hearing and adjourn. Mr. Walker 2nd the motion. Roll call vote: Mr. Pantos aye, Ms. Dibb aye, Mr. Walker aye, Ms. Bacon aye, Mr. Clark aye. Hearing was closed at 9:38 P.M. Meeting was adjourned at 9:38 P.M. 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