Board of Selectmen Meeting Minutes
Monday October 22, 2018
Rutland Public Library
6:00 p.m.
Present: Sheila Dibb, Jeff Stillings, Leroy Clark, Leah Whiteman
Absent: Wayne Walker
Others: Robert Reed – Interim Town Administrator, Abby Benoit – Administrative Assistant
Opening of the meeting by Chair Sheila Dibb at 6:01 p.m. The meeting will be televised on Channel 191 and YouTube.
The Pledge of Allegiance was recited.
Mr. Clark moved to sign Treasury Warrant #9 and Payroll. Mr. Stillings 2nd. Vote unanimous.
Mr. Clark moved to approve meetings minutes from Tuesday October 9, 2018. Mr. Stillings 2nd. Vote unanimous.
APPOINTMENTS
6:00 p.m.: Pole Hearing, Brintnal Drive
Ms. Dibb opened the pole hearing for Brintnal Drive at 6:02 p.m. for one JO pole on Brintnal Drive.
Jay Lussier reviewed the pole request. There is a new house being built at 102 Brintnal and the pole is needed to add service to the new home.
DPW approved the pole location. It was originally only 3 feet off, but they requested that it be relocated to at least 4 feet, the pole is currently staked for 4 feet off the roadway.
Ms. Dibb closed the hearing at 6:04 p.m.
Mr. Stillings moved to approve the pole request for service in proximity of 102 Brintnal. Mr. Clark 2nd. Vote unanimous.
There was discussion about land under power lines. Mr. Clark stated it is privately owned and leased to National Grid.
6:05 p.m.: Rebecca Tuttle, Treasurer Collector, Debt Refinancing, Health Insurance Renewal Rates (Senior Plan), Employee Certification
Ms. Tuttle informed the Board that she and Lisa Schiemann were certified by the Massachusetts Collectors and Treasurers Association as Municipal Collectors. Ms. Tuttle is now a certified Collector and Treasurer, and Ms. Schiemann is designated as a certified Municipal Assistant Collector. Ms. Tuttle recognized Ms. Schiemann for her hard work – the certification requires 3 years of classes and a 3-hour exam. The Board thanked them both.
The Town Retirees insurance plan is renewing January 1, 2019 with Fallon. Ms. Tuttle had budgeted for a 10% rate increase, but the increase came in at 4.079%. There will be a monthly increase of approximately $3 to subscribers. The Insurance Advisory Committee has decided not to make any plan changes and to move forward with the 4.079% increase.
Mr. Stillings moved to support moving forward with the 4.079% increase to the retiree health insurance rates. Mr. Clark 2nd. Vote unanimous.
Ms. Tuttle stated the Rutland Heights debt is being refinanced as well as a one-year BAN for the ambulance and police cruiser. It’s a debt exclusion debt. The total debt for the Heights and Ambulance/Cruiser is $702,710 with an interest rate at 2.55%. Eastern Bank won the bid. It is a one-year BAN and saves on debt issuance costs and the interest rate. If permanently financed there may be a better interest rate. Ms. Tuttle needs approval of the Board for the borrowing of $702,710 at 2.55% from Eastern Bank.
Ms. Whiteman moved to approve the borrowing of $702,710 for a one-year BAN for the Rutland Heights and Ambulance/Police Cruiser refinance and to sign the loan documents for Eastern Bank at 2.55%. Mr. Clark 2nd. Vote unanimous.
6:15 p.m.: Anita Carlson, Town Clerk, November 6, 2018 State Election Warrant
The State election is in two weeks. Ms. Carlson needs the Board’s signature for the warrant. Early voting began today and runs through November 2nd, 55 people came in for early voting today.
6:20 p.m.: Edward Seidler, Sealer of Weights & Measures, Fee Schedule
Mr. Seidler introduced himself. He has been the Town Sealer for Rutland since 2007 when he took over for the State. In 2007 they put in a fee schedule that the Board approved. In 2016 it was increased, and 3 fees were dropped at the time in error. These fees became law under the MGL Consumer Protection Act. It protects stores and customers by doing scanning inspections. With the exception of the 4-11 scanners, the fee is $25.00 less than what the State recommends. The fees are controlled by the local Boards of Selectmen. There was discussion about consistency with neighboring towns. The fees only apply to stores that can scan. There have not been any issues with Rutland merchants. Mr. Seidler just completed inspections for the calendar year.
Mr. Stillings discussed the recent elder fraud presentation and skimming machines. He asked if there has been anything like that in Rutland or in the area. Mr. Seidler stated that in Central MA there were 2 skimmers found at a gas station. Massachusetts is not getting hit heavy. The FBI has advised that the people skimming are not at the stations at the time. The stations are supposed to check the machines every shift for damage to the access point of the pumps.
There are no other changes to the fee schedule. Mr. Seidler’s budget goes through the Building Department budget. There was discussion about adding the fee schedule online. Mr. Seidler will notify the business that it impacts.
Ms. Whiteman moved to approve the updated fee schedule from the Sealer of Weights & Measures, Edward Seidler, effective January 1, 2019. Mr. Seidler will notify the businesses. Mr. Clark 2nd. Vote unanimous.
Mr. Stillings moved to sign the 2018 State Election warrant as presented by the Town Clerk. Mr. Clark 2nd. Vote unanimous.
6:25 p.m.: Peter Craine, Bylaw Modernization
Peter Craine, Nates Way, attending to discuss bylaw modernization. There were no bylaws until 1895. Mr. Craine discussed the history of bylaws in Rutland. The current bylaws are not organized and there is no structure to them. Approximately 18 months ago, Mr. Craine and Ms. Carlson began codifying the bylaws. Mr. Craine discussed the changes of MGL and court cases that are not supportive of the current bylaws. Town Counsel recommended modernizing the bylaws to bring them current with today. Mr. Craine believes a new committee should be created, a bylaw committee, tasked with finishing the codification and modernization of the Town bylaws. He believes it could be completed by next year’s Annual Town Meeting. After the ATM it would be up to the Board to determine whether the committee is temporary or permanent.
Mr. Craine’s recommendation is 5 members, including the Town Clerk.
Ms. Dibb stated the Planning Board Bylaw Subcommittee has had oversight of the general bylaws, not just the zoning bylaws. Ms. Dibb stated this is the best opportunity to create a bylaw committee. It could be immediate by making it ad hoc.
Mr. Craine stated this will also cost money with using Town Counsel for guidance and review. Town Counsel was willing to come up with a flat rate for the process.
Ms. Carlson stated in 2006 the zoning bylaws were reviewed, and they used a company called General Code, which cost approximately $4,200 plus legal fees.
Ms. Whiteman felt it is important to have this committee and to take some work from the Planning Board Bylaw Subcommittee.
Mr. Reed will look at the legal budget and speak to Town Counsel to see what is involved. He asked if the Attorney General’s office will offer any technical assistance. Ms. Carlson will reach out to the AG. This committee will only look at general bylaws. Mr. Craine commended the Planning Board for all the work they have done.
Ms. Carlson feels that it would be good to have residents at-large and for people of different committees to assist when they are reviewing specific bylaws. They would invite the boards or departments in as necessary.
The discussion will be brought back after the Special Town Meeting.
PUBLIC COMMENT
Barbara Gaffney, 23 Cheryl Drive, presented a petition to the Board to repair and replace the crosswalks from the intersection of Main Street and Maple Ave to the Heights. Approximately 30 years ago they put tar over the cement, which has now heaved and there are big pot holes. Several people have fallen. Gary Kellaher, DPW, stated this is the first phase of the Complete Streets project to be completed, it is a project related to pedestrian and cyclist safety. The project cost was put together by CMRPC. Mr. Kellaher is waiting to hear back about the bidding process. They are currently in Tier 3 of the Complete Streets. They are 12-15 months behind and hoping for the Spring construction season to begin this process. The money is coming from the State. Ms. Dibb asked if there is risk with Mr. Kellaher leaving after having taken the
classes. Mr. Kellaher stated others may have to go through the classes. It is shovel-ready, official design plans need to be drawn up. Design costs would need to come from Chapter 90. Mr. Kellaher will follow up with Dan Daniska from CMRPC.
Anita Byron, 8 Mark Circle, stated people are walking in the street because of the condition of the sidewalks. After the fireworks the area is mobbed and dark and the sidewalks are awful. Ms. Byron feels someone is going to get hurt.
Tom Ruchala, 25 Maple Ave, attended as a representative of Rutland Post 310 of the American Legion. The Legion did the refurbishment of the WWI Memorial and will be holding a ceremony on November 11th to dedicate the memorial and to recognize the 100th anniversary of WWI. Mr. Ruchala invited everyone to attend.
Department Updates:
Town Administrator Report, Robert Reed
DPW Director Search – Mr. Reed spoke with MRI today. The search is moving along. They are expecting to go through essay questions for the candidates and will be doing phone interviews. They expect to have names to the Town within the next few weeks. There was a total of 17 candidates – one from Texas and the rest from MA. They will be narrowed down to a final four candidates.
Town Administrator Search – Bernie Lynch spoke with the Selectmen and department heads and held a public forum. He will begin the advertising process and may have a couple of people interested in Rutland. He will have names to begin the interview process in mid to late-December. It could be into January before a replacement is working.
Land Lease – the Town Administrator’s office received one proposal for Marsh Field from Rutland Baseball. Mr. Reed stated it was an impressive proposal. Their counsel is looking at the draft lease.
Commission on Disability – The Town has accepted the chapter that allows the Town to establish a commission.
There are grants available that the Town is more likely to get if there is an established commission. They prefer that members are people with a disability or with a disabled family member. Mr. Stillings asked about a proposed charge. The charge would follow a model that is already in existence.
Mr. Stillings asked for other towns’ models and a draft for Rutland.
It will be tabled for an upcoming meeting. Ms. Carlson stated there was a committee in the past. She will see if there was a charge for them at the time.
Gary Kellaher, DPW Superintendent, stated the roof bid opening is the 25th at 10:00 a.m.
Mr. Kellaher also stated that MassDOT does inspections of bridges in Town, including the Mill Brook Bridge on Charnock Hill Rd. which was done in December 2017. Mr. Kellaher recently spoke to MassDOT regarding the bridge because of concerned residents. A resident would like to petition that Charnock Hill to Route 68 be closed to through truck traffic. It would be done by the Police Department and the Board of Selectmen. The bridge report by the state rated the bridge structure too high to have any repairs. There are a few repairs that the department will do. MassDOT will not repair or replace the bridge until it’s rated 3 or below, and it’s currently rate at a 6.
Mr. Stillings asked about how much commercial traffic the road sees. Mr. Kellaher stated it is a cut-through for commercial trucks – mostly chip trucks and car carriers.
The railing will be repaired by DPW before December. The department is currently ready for snow.
Any weight limit on the bridge would need to be done locally.
Mr. Clark asked if anything has been done about disposing old electronics. Mr. Reed stated Mr. Kellaher is looking into a firm that can take the equipment. A firm came in 2010, PT Limited out of Billerica or Bellingham, and dumpster was open to the public. Electronics were taken and disassembled, and they sent the Town a check. It was a problem because of the recycling center in West Boylston.
Ms. Carlson scheduled a visit with IT and they determined there was a lot to be disposed of. There was a discussion about what happens to the computers after they are disposed of.
Mr. Kellaher will get information about the company’s disposal process.
Mr. Reed believes a recycling day should be separate from the Town-owned computers. Mr. Kellaher asked if there is a fee to the Town at Earthday. Ms. Dibb will ask if there is a fee for the Town to dispose of items.
Special Town Meeting Warrant
Mr. Reed provided the draft for the Special Town Meeting.
The Free Cash figure is not in. It has been submitted to DOR and Mr. Reed is hoping it will be available by the end of the week.
Mr. Reed went through the articles. The Planning Board have approved all road acceptances. The public hearing for the road acceptance is scheduled for the 29th and abutter notices have been delivered.
Mr. Stillings asked about the playground fencing and whether it’s mandated that another fence goes up. Mr. Kellaher confirmed that it is not mandated per the playground handbook. He recommends that because of the proximity to a traveled way it all needs to be constructed.
There was discussion about purchasing a cruiser versus leasing. The warrant still needs to be finalized. There will be a special Board meeting on October 29th to review it. The Planning Board has been invited to discuss road acceptance and marijuana articles.
Ms. Dibb discussed the financial management policy. The goal should be to fund the items that needed to be pulled at the Annual Town Meeting.
Tuesday night, October 23rd, there is a public information session regarding the marijuana bylaws.
The Board is responsible for placing all warrant articles. Mr. Stillings asked if all marijuana bylaw articles should be placed and if there is any discussion about which articles they will place. Ms. Dibb stated they should all be placed. The order in which they are listed is the order they should be on the warrant. All articles have been reviewed by legal.
There was discussion about the placing of articles and the implication of the Board of Selectmen’s support. There was discussion about including the Board’s vote/recommendation on the warrant for the zoning articles.
The Stormwater Bylaw came from Weston & Sampson. Mr. Kellaher met with the Bylaw Subcommittee which took a while before it was approved. Weston & Sampson sent the current version and Marilyn Sidoti responded to Mr. Kellaher that she approves as it reads.
Mr. Kellaher does not know if any other towns have adopted the bylaw. He is not sure if the rest of the Bylaw Subcommittee reviewed the Stormwater Bylaw. Mr. Kellaher stated this is necessary because of the new stormwater regulations. There was discussion about the history of the bylaw. It was held because it was being reviewed pre-MS4 and it was completely dropped. EPA is mandating that a bylaw is created. The bylaw from a year ago is different from the Weston & Sampson proposed bylaw.
Mr. Stillings asked about the public consumption fine on the marijuana article. Mr. Craine stated it came from an Amherst bylaw that was already approved by the Attorney General. The section about penalty is not word-for-word. There was discussion about arrest authority. The Police Chief has not seen the bylaws. It will be forwarded to him for review.
The Board discussed amending the open container bylaw and ordinance.
The current Holder tractor is a 1998. It was purchased for a field mower with a snow blower. There is not much holding it together and it is the only piece of equipment for sidewalks and schools. The machine is a staple for winter for sidewalks and parking lots. It would cost a minimum of $10,000 to repair. It will be used year-round because of all the attachments. Used it would cost $69,500 and new is $147,000.
Mr. Clark moved to adjourn. Mr. Stillings 2nd. Vote unanimous.
The meeting adjourned at 8:06 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Board of Selectmen
Prepared by Laura Paradise Approved ______
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