Board of Selectmen
Monday July 30, 2018
Rutland Public Library
6:00 p.m.
Present: Leroy Clark, Wayne Walker, Jeff Stillings, Sheila Dibb, Leah Whiteman
Others: Margaret Nartowicz – Town Administrator, Abby Benoit – Administrative Assistant
Ms. Dibb opened the meeting at 6:00 p.m. The Pledge of Allegiance was recited. The meeting aired on Channel 191.
Mr. Clark moved to approve Treasury Warrant #3/29 and payroll. Mr. Walker 2nd. Vote unanimous.
Mr. Clark moved to accept the meeting minutes of July 2, 2018. Ms. Whiteman 2nd. Vote unanimous.
Mr. Clark moved to accept the meeting minutes of July 9, 2018. Mr. Stillings 2nd. Mr. Walker abstained. Motion passed 4-0-1.
APPOINTMENTS
6:00 p.m.: Nicholas Monaco, Police Chief, Department Updates, Police Association Gift, K-9 Introductions
Chief Nicholas Monaco introduced K9 Cooney and Officer Matt Fenuccio. Chief Monaco thanked the Board and Ms. Nartowicz for their support and thanked the town for the donations. Officer Fenuccio discussed patrol training as the basic function for all K9 units. Patrol certification was intensive – they teach detection of human odor for the K9 to detect people and hard surface tracking. Obedience is important as it translates to everything else. The dog is also trained in evidence recovery and apprehension of a suspect. Down the road, he’ll go for narcotics search training. In terms of public interaction, Cooney has an ability to socialize to a degree. He can get close to people. Officer Fenuccio explained that play is a huge part of what the animals are capable of doing. Cooney will play or work until he can’t anymore. There is an
account set up at Ellie’s Pet Barn in Holden. Chief Monaco discussed the gift account with the Town as well as a foundation for Cooney that will be used for fundraising events.
This program so far has not cost the Town anything. All expenses have been paid for by the Stanton Foundation Grant – about half of the grant funding has been expended. The dog is covered under the vet. All procedures and check-ups are free, and medications are at cost. There are a lot of organizations that also generate money for police dogs. Officer Fenuccio discussed article searches. The dog would be commanded by the officer to search for a specific item. Officer Fenuccio demonstrated with Cooney and a ball.
Chief Monaco read a letter to Officer Fenuccio commending him for his assignment and work as the K9 handler. Chief Monaco discussed two more letters presented to the Board for Detective John Songy regarding his work on the internet fraud case. Chief Monaco applauded Det. Songy’s work on the case. A second letter was discussed for Officer Mai Grover for her work as a school resource officer. Officer Grover has brought programs into the Rutland schools and will be going to school for additional resources in the Fall.
Chief Monaco stated the department ended FY 18 under budget. All expenses were expended to the penny and wages were under, but very close. The 4th of July festivities went well, with no issues. The firework traffic pattern was implemented. Staffing is tough right now with 3 officers out injured and one at the academy.
The Police Association has purchased rubber flooring for the basement and will be working on creating a gym. Chief Monaco thanked Ms. Nartowicz for everything she has done for the department.
6:10 p.m.: Kerry Ann Goldsmith, Devereux, Annual Gift
Ms. Goldsmith is Executive Director of the Devereaux School. Deveraux continues to focus on a positive environment. Ms. Goldsmith discussed community policing and tours of the stations. Part of the success of the relationship is open communication and support with the Town. Staff training was also opened to Town employees. They are working with both Chiefs on reviewing and enhancing the emergency preparedness plan. Students and staff just held a fundraiser for K9 Cooney. Devereaux places great emphasis on community and their support of local businesses. For many years, Devereaux has contributed an annual gift to the Town. This year, Devereaux will be making a gift of $42,000. Ms. Goldsmith thanked the Town and said she looks forward to their continued work together.
6:20 p.m.: Board and Committee Member Annual Reappointments
There were some reappointments held over from a previous meeting. Mr. Stillings stated the Board requested a Q&A with the individuals.
Chris Senecal, 64 Glenwood Rd, serves on the Zoning Board of Appeals (ZBA) and has served for 13 years. Mr. Stillings asked on behalf of the new Select Board members about the ZBA and what Mr. Senecal does for the ZBA. Mr. Senecal stated that if a building permit is denied, it can be appealed and will go before the ZBA. Sometimes this happens a lot, 20 times a year, but some years they only receive 3-4 requests. The ZBA is scheduled to meet once a month, but do not always meet if there are no appeals pending. There are 3 full-time members and 3 alternates. Mr. Stillings asked what types of permits. Mr. Senecal stated it can be building permits or site plan approvals. In general, they deal with setbacks, side or front, and if requirements aren’t met they need to get a zoning variance. The variance is from the standard bylaws and
they are hear by the ZBA.
Mr. Stillings asked about Mr. Senecal’s work. Mr. Senecal owns an electric contracting company. Mr. Stillings asked if his business has a position where he is getting permits from the Town. Mr. Senecal discussed work at his home and work on a solar project.
Mr. Walker asked how long he has been on the ZBA. Mr. Senecal stated since 2005. Their last meeting was approximately 3-4 months ago. They were busy in 2007 for a 41B multi-unit. They were dealt with for months. Most of the meetings 80-90% is about home additions or sheds for setback issues.
Mr. Senecal stated that this whole process should have been more proactive if they were not appointing him. He is happy to talk to anyone or answer any questions. It could have gone through the whole Board with more detailed answers. Mr. Senecal stated he was insulted after 13 years of volunteering and believes it would have been more proactive and professional to go to the Board. Mr. Walker discussed reintroducing liaisons to the boards and committees.
Ms. Whiteman discussed meeting with boards and committees earlier next year. Ms. Nartowicz stated proactive communication is critical.
There was discussion about improving communication and the appointment process. Ms. Dibb further discussed liaisons and that they will be helpful for the elected and appointed board and commissions.
Glen Kauppila, 126 Main St.
Ms. Dibb stated the Board has received a letter of support from the Agricultural Commission regarding reappointment of Mr. Kauppila to the Agricultural Commission and Earthworks Board.
Mr. Kauppila has served on the Agricultural Commission since 2014/2015. The Commission promotes agriculture and preservation of agricultural land in the community. They can also mediate disputes between neighbors and farmers if requested by the Select Board. The Earthworks Board has been recently created for earth removal and movement of earth in the Town, importing and exporting. The issue comes from the Conservation Commission previously. They currently enforce the earth removal bylaw. Agricultural Commission does not have a lot of disputes before them, but they are very active in promoting agriculture within the community. The Earthworks Board is quite busy as they are trying to draft a new bylaw, and currently working with the existing bylaw. They may be having cases come before them shortly regarding permits. There are areas in town
that have come up to questioning. They are working with and investigating what permits are needed.
Mr. Kauppila stated he is a part-time farmer and works in general construction. He does move earth on a regular basis which may be subject to the current bylaw, but there is nothing pending. He did have a permit in the 80s. He does have to pull permits with the town for septic systems. Currently the way the earth removal bylaw is written, it would only come up if he were to operate a gravel pit, he would have to get a permit and would have to recuse himself. His business only does limited work with other companies that get permits. He would check with ethics if there was a potential conflict of interest.
Ms. Dibb stated that she is a nearby neighbor of another property Mr. Kauppila owns in Town. Mr. Kauppila stated he owns 112 acres on Pommogusset Rd. A large portion is zoned for business. Mr. Kauppila operates a construction company out of the land and farms on a portion. There are no current plans for development.
Ms. Nartowicz made note that the ethics commission does put out a disclosure form for instances of perception of conflict of interest. It may be best for an individual’s best interest to protect themselves and fill out these forms if there is any perception of conflict of interest.
Joseph Dell’Aquila, 16 Moulton Mill Rd, for reappointment to the Conservation Commission. The Conservation Commission (ConCom) was created by state law in 1974 for the Wetland and River Protection Act. It regulates the first 100 feet of an area bordering a swap/wetland, also known as a “buffer zone.” If activity is proposed within the bugger, they must file a notice of intent which is filed with DEP and the ConCom within the town for review. The applicant is invited in for a submission and must schedule a site walk before any work is done. They then schedule a public hearing. The applicant must notify abutters within 100 feet of the property line. Abutters are also invited to the public hearing. The hearing cannot be held until the DEP has reviewed the same project, which is generally a paperwork review. They will issue a
project number and ConCom will issue an order of conditions. They attempt to keep people at least 25 feet away, but that's not always possible. There is currently no Town bylaw that says any part of a buffer is a “no touch.” Generally, they find “no touch” areas with DCR. Once the order of conditions is issued there is a 21-day appeal period. Any group of 10 residents can appeal the ruling. DEP can also appeal. They have the benefit of the order of conditions before anyone else. DEP could issue a superseding order of conditions. They could do it if there are things involved outside the purview of ConCom. Not all lots need to come before them, only lots with an active wetland area within 100 feet.
Ms. Dibb asked if there are towns that have a town bylaw. Mr. Dell’Aquila stated there are. Rutland has tried before, but it was rejected at Town Meeting about 15 years ago. Ms. Nartowicz asked what the bylaws were. Mr. Dell’Aquila stated it moved the protected zone beyond the maximum and sought to regulate materials used. They have had some one-on-one discussions about bylaws, but nothing formal. He would like to wait until the Earthworks bylaw is complete. Mr. Stillings asked about Mr. Dell’Aquila’s background. Mr. Dell’Aquila is an electrical engineer by trade and has been on the ConCom for 15 years. Mr. Walker asked who delineates the boundary of wetlands. Generally, it is provided by the owner with the submission. Mr. Dell’Aquila discussed the streamlined e-permitting. There have been situations where ConCom has had to
hire for second opinions, including for Brice Lemon, Bear Hill, and a project off Pommogussett.
Mr. Dell’Aquila stated his time is available if people have questions or complaints. A conservation agent is an additional cost. They have had the opportunity to have an agent from another town move into Rutland, who now serves on ConCom.
Ms. Dibb stated she had heard a valid question regarding the reappointment process and discussed why there was a need to question anyone who is volunteering. When it comes to appointed board and commissions, the Select Board is the gauntlet. Questions came up regarding the makeup and the roles within the boards and committees.
Gary Kellaher, DPW, stated he has worked with all 3 gentlemen since he has worked for the Town. He respects them for their knowledge and volunteerism and thanked them for their work. Mr. Kellaher stated the men have his respect.
Mr. Clark moved to appoint the three applicants to their respective boards and committees. Mr. Walker 2nd.
There was discussion that 2 of the Q&A’s were for conflict of interest and the other was regarding a change in direction. Each appointment will be voted individually.
Mr. Clark moved to appoint Chris Senecal to the Zoning Board of Appeals. Mr. Walker 2nd. Vote unanimous.
Mr. Clark moved to appoint Glen Kauppula to the Earthworks Board. Mr. Walker 2nd.
Ms. Dibb commented that she lives across the street from one of Mr. Kauppila’s properties and has concerns that the property has significant issues that have not been addressed, including a cease and desist and DCR wetland filings. Ms. Dibb feels, in regard to Earthworks, there are too many conflicts for things that come up. Ms. Dibb is abstaining from the vote.
Vote 3-0-2. Motion passed.
Mr. Clark moved to appoint Glen Kauppila to the Agricultural Commission. Mr. Stillings 2nd. Vote 4-0-1. Motion passed.
Mr. Clark moved to appoint Joseph Dell’Aquila to the Conservation Commission. Mr. Walker 2nd.
Mr. Stillings asked Ms. Dibb about the discussion regarding seeking a different direction for the Conservation Commission. Ms. Dibb stated that her comment would be to counsel all members to see where we are and where we would like to be going forward.
Mr. Stillings asked if Ms. Dibb has an opposing argument to present. Ms. Dibb disagrees with the need for a conservation agent and is unsure whether the Town has benefitted from having volunteers take on professional roles.
Ms. Nartowicz asked if there is another way to accomplish moving ConCom in a different direction other than through the appointment process and gave an example of the Select Board’s goals and objectives including reintroducing liaisons.
Shawn Moore, 3 Edson Ave, stated Mr. Dell’Aquila has the confidence of ConCom and they have voted in favor of him staying on the board. ConCom has not reorganized for this fiscal year, but nobody in the commission was opposed to Mr. Dell’Aquila serving as chair.
Mr. Whiteman asked about the boards or commissions reorganizing. It was confirmed that they oversee organizing themselves.
Vote on reappointing Mr. Dell’Aquila to the Conservation Commission: 3-0-2. Motion passed.
Ms. Dibb read a statement regarding Ms. Nartowicz’s last meeting with the Select Board. The Town Administrator position was approved originally in 2007 and was unfunded. In April 2015, Ms. Nartowicz signed her contract. The Select Board presented Ms. Nartowicz with a gift. Ms. Nartowicz thanked the Board and expressed that she believes the Town is on the right path. She is proud to have served the Town of Rutland.
Meeting recessed for 3 minutes, to reconvene at 7:33 p.m. in the small meeting room.
Rutland Youth Soccer, Playing Fields
(Introductions were made off camera.)
The meeting returned from recess at 7:46 p.m. Ms. Dibb stated the appointment would be held as a roundtable due to the large number of groups discussing and submitting requests for additional field space.
The need for field space is not a new scenario. The town is growing, and kids are playing sports for a longer period of time over multiple seasons. Soccer is growing in the spring. The discussion over field space has been going on for years and representatives from Rutland Baseball and Softball want to see movement made from this meeting. The only field built in the last 40 years is at Glenwood and it is unusable due to ticks.
There was discussion about the fields available – Marsh Field, Memorial Field, and the school fields at the Central Tree and Naquaq (Big League Field). Only the back field at Naquag is used for practice because of safety. Central Tree boys also use Big League Field.
Chris Senecal stated that soccer also uses the outfield.
Ms. Dibb asked how many fields are needed. Ideally 2 more with 60-foot diamonds.
Corinna Frohock, Recreation Department, stated the way it has worked is that soccer books out the Fall and baseball books the fields out for the Spring. For Fall baseball, she directs them to soccer for approval around their schedule. Mr. Walker asked if there is currently a need to go outside of town for field use. Fall baseball is in Holden partially because they have the league. If it was just in town there would be move people. Game time isn’t the issue, it’s the need for more practice time. Four kids had to be cut in the Fall because they couldn’t put another team in Holden.
Jason Destratis, Rutland Youth Soccer, stated it is the same for soccer in the Spring. They can’t host games in town and have trouble getting the practice space.
Ms. Dibb asked where 2 more 60-foot diamonds could go, and asked Ms. Frohock what other recreation needs the Town is looking at.
Ms. Frohock discussed a possible skate park or any type of facility or rec center for the youth and teen demographic to come into for constructive age-appropriate activities.
Mr. Senecal proposed a town committee to collectively put together a long-term plan for recreation and a full-scale plan. Ms. Frohock stated that builders could give back. They need a plan that everyone can agree on.
Jonathan Miller, Rutland Baseball and Softball, stated a couple years ago they had a plan and raised over $100,000 for a mixed-use park on the Rutland State Park land, but it did not get passed by the Select Board. Ms. Dibb stated that was voted down because of the parcel of land.
Ms. Nartowicz stated that there are 51 parcels owned by the Town. Some wooded areas and some already used for recreation.
There was discussion about expansion around Marsh Field.
Mr. Destratis discussed the needs of the soccer teams. They are running out of field space as the town grows and as the sports become multi-seasonal. The goal is to propose an agreement with the Town for use of the field of 8-acres next to Glenwood Elementary School. As part of the agreement, Youth Soccer would like to maintain the land.
There is need for a full-size soccer field and a U12 soccer field. Havings fields at Glenwood with a natural connection to the lower field and the community center would give soccer a central headquarters rather than being spread out throughout the town. They would also propose to add parking to the space which would also help Glenwood. Rutland Youth Soccer will use their status in the community and relationships to solicit to get the buildouts completed. Ultimately a lot of the coaches and board members are also a part of other local youth sports. There is a mutual feeling for the groups to grow and expand.
Ms. Dibb asked if the lower Glenwood field can be mowed or cut back.
Ms. Dibb discussed comment letters received by the Select Board from the Planning Board, Agricultural Commission, Rutland Land Conservancy, and the Ware River Nature Club.
There was discussion about the haying contract including the area at Glenwood. Representatives from the Agricultural Commission stated that each particular field is not delineated – it's about acreage.
The current agreement expires April 2019. The Planning Board and AgCom suggest soccer look elsewhere. Each baseball field requires approximately 1.5 acres, plus an acre of parking. Ms. Nartowicz feels there is room at Marsh Field for additional fields and a senior center, to have everything revolve around the center of town.
Rutland Youth Soccer discussed a desire for centralization and a benefit to the school.
Ms. Dibb asked the Planning Board and Agricultural Commission representatives to weigh in on the town having given up 100s of acres to the development of housing. It’s hard not to see the benefit of adding fields to the existing school. Ms. Dibb asked if there is another spot they can hay if acreage were given up at Glenwood, or if there are other fields that can be reclaimed as hay fields. The cost to turn land from stumps to hay would be about $12,500 per acre.
There was discussion about the landfill. The landfill is not big enough for multiple uses.
There are 3 parcels of land that the Town lets AgCom hay – a total of approximately 25 acres. There was further discussion about the property off Skyline Drive.
There are over 50 acres at the prison camps available.
Ms. Dibb asked for a plan of action. Ms. Nartowicz supports the idea of putting together a committee to be charges with forming a plan. Dick Williams, Planning Board, discussed the property around Central Tree.
Ms. Frohock will compile a wish list for Recreation to work into the space. Ms. Dibb asked where soccer would go. Their goal is to put most of their activities together and the cost cannot make it impossible. Ideally, they would start as soon as possible.
There was discussion about the Glenwood tick problem and sending animals out.
Fire Chief Knipe has an official letter indicating lighting Memorial Field, including a map. Mr. Miller gave a background about the lights for Memorial Field. The lights have been sitting behind DPW for 10 years. Mr. Senecal discussed the condition of the lights. Mr. Miller stated that if the lights are usable, they want to put them up. The lights would need poles. Mr. Senecal discussed a plan for the next steps.
There was discussion about putting the lights up at Central Tree.
Ms. Dibb stated once the Board hears from Baseball, it will put an item on the agenda for discussion to notify the district about light installation. There was discussion about soccer use of the field if grants were received.
Rutland Baseball and Softball should meet with Gary Kellaher and CMRPC regarding the TIP. The lease is currently being reviewed by legal.
Softball is not interested in playing Marsh Field, it’s not suitable for softball regulations. They would like to give softball the same opportunity that baseball has at Marsh but on a softball field.
Soccer would like action on Glenwood and permission to make flat spaces. Ms. Dibb asked Soccer to look at the space off Skyline Drive, the top of Rutland Heights, or other alternatives to Glenwood.
Ms. Dibb recessed to move back to regular business at 9:19 p.m.
The Board returned the regular session at 9:26 p.m.
PUBLIC COMMENT
Peter Craine, 6 Nates Way, discussed his fear that the actions of the Board have done more harm to volunteerism than good. He discussed the agenda for the reappointments. It was on the agenda mid-June and was purposely passed over. The Board of Selectmen’s meeting is not the place to learn about the innerworkings of boards and commissions. Mr. Craine discussed the change of direction discussion for ConCom and stated he has not heard from anyone requesting a change. If there is a change then they should ask for one. Ms. Dibb stated the Board can send something.
OLD BUSINESS
Rooftop Solar Contract Execution – Glenwood and Naquag Schools
Brian Herr of Solect was in attendance. The Board was provided a copy of the license agreement. The PPA is between the school district and Solect whereas the license agreement is between the Town and Solect. The Board’s purview is with the license agreement only. It’s the Board’s practice to have documents reviewed by legal prior to execution, they want assurance from the district that they have had legal review. The building commissioner reviewed the engineering designs, plans will not be completed until construction. The agreement would involve PILOT negotiations with the Town, which is typically taken on by the Solar Committee who makes recommendations to the Board. It would have to go to Fall Town Meeting for authorization.
Solect has made its application to utility for the arrays for Naquag and Glenwood. There is a possibility that if Central Tree needs a new roof that the solar can pay for the new roof. They are awaiting engineering information and response. Once received they can proceed to install solar on the roof and sell the power at a discounted rate. The savings to the district over 20 years will be between $1.1 and $1.2 million.
There was discussion about the roof replacement process. Mr. Walker discussed a possible structural issue on one of the roofs.
Structurally they are all very sound. There are certifications on the condition of the roofs. Solar would only be installed on the newer sections of the roof.
Ms. Nartowicz recommended that approval be contingent on the WRSD legal review of the PPA and the referral of the project to the Solar Committee to negotiate a PILOT agreement. Mr. Herr encouraged a motion for the chair to sign a license with contingency on the school district executing and singing the PPA, and the district doing due diligence on the Central Tree roof project.
Mr. Clark moved that the Select Board chair sign the license with Solect Energy Development LLC subject to legal review and execution of the PPA by WRSD, review and clearance of the previous PPA, referral to the Solar Committee, and further due diligence of the Central Tree roof project at the expense of the district. Ms. Whiteman 2nd. Vote unanimous.
The referral to the Solar Committee would not prevent the signature of the Board.
Sportsman’s Club Alcohol License Amendment
The Board signed corrected paperwork for the ABCC License of the Rutland Sportsman’s Club.
Town Administrator, Margaret Nartowicz, MOA
Ms. Nartowicz presented her temporary contract through the end of August for part-time employment.
Mr. Clark moved to sign the MOA with Ms. Nartowicz. Mr. Walker 2nd. Vote unanimous.
The Board will hold additional agenda items for the next meeting.
Donation Acceptance, Heifer Farm Playground Equipment
Mr. Walker moved to accept the donation of playground equipment from Heifer Farm. Mr. Stillings 2nd. Vote 4-1.
CMRPC Alternate Appointment
The Planning Board is responsible for appointing a primary member and the Select Board is responsible for appointing an alternate. The Planning Board has recommended Shawn Moore.
Mr. Clark moved to appoint Shawn Moore as the CMRPC Alternate Member. Mr. Stillings 2nd. Vote unanimous.
Mr. Clark moved to adjourn. Mr. Stillings 2nd. Vote unanimous.
The meeting adjourned at 9:54 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Board of Selectmen
Prepared by Laura Paradise Approved ___________
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