Board of Selectmen
Meeting Minutes
Monday October 29, 2018
Rutland Public Library
5:30 p.m.
Present: Leroy Clark, Wayne Walker, Sheila Dibb, Leah Whiteman, Jeff Stillings
Others: Robert Reed – Interim Town Administrator, Abby Benoit – Administrative Assistant
Ms. Dibb opened the meeting at 5:32 p.m. The meeting will be televised on Channel 191 and YouTube.
The Pledge of Allegiance was recited.
OLD BUSINESS
Special Town Meeting Warrant and Article Review
The draft warrant was reviewed.
Article 1A – to appropriate from available funds, including Free Cash, such sums of money as may be necessary to restore all or a portion of the amounts reduced by the May 12, 2018 Annual Town meeting under Article 8.
Article 1B – to appropriate from available funds, including Free Cash, such sums of money as may be necessary to add to the amounts appropriated under Article 8 of the May 12, 2018 Annual Town Meeting.
Article 1B deals with appropriating funds for executive searches for the Town Administrator and DPW Superintendent and additional funds for the Police Seargeant's contract.
Mr. Clark moved to place Article 1A and Article 1B as presented. Mr. Walker 2nd. Vote unanimous.
Article 2 – to appropriate from available funds, including Free Cash, the sum of $69,000 to purchase and equip a used Holder Tractor for the Highway Department.
Mr. Clark moved to place Article 2 as presented. Mr. Stillings 2nd. Vote unanimous.
Article 3 – the transfer the sum of $16,436.62 from the amount appropriated under Article 15 of the May 6, 2017 Annual Town Meeting and the sum of $30,017.74 from Article 7 of the May 5, 2015 Special Town Meeting for the purpose of paying bills of a prior fiscal year.
FY 2018 – Massachusetts DCR - $42,430.09 due.
FY 2018 – MWRA - $4,117.27 due.
Mr. Clark moved to place Article 3 as presented. Mr. Walker 2nd. Vote unanimous.
Article 5 – 6 – 7: to appropriate a sum of money from Free Cash to the Town’s OPEB Trust Fund, Stabilization Fund, and Capital Stabilization Fund, respectively.
The total amount to be appropriated over the three articles is approximately $90,000.
Mr. Stillings moved to place Article 5, Article 6, and Article 7 as presented. Mr. Walker 2nd. Vote unanimous.
Article 9 – to appropriate from available funds, including Free Cash, the sum of $879.00 for the purchase of a fax/scanner/printer for the Library.
Mr. Stillings moved to place Article 9 as presented. Mr. Clark 2nd. Vote unanimous.
Article 10 – to appropriate from available funds, including Free Cash, the sum of $15,000.00 to fund legal and land court fees necessary for the foreclosure of 17 parcels currently in tax title.
Mr. Clark moved to place Article 10 as presented. Mr. Walker 2nd. Vote unanimous.
Article 11 – to appropriate from available funds, including Free Cash, the sum of $5,200.00 for the purchase of a Heat/AC unit for the public safety building, including all incidental and related expenses.
Chief Knipe stated they are looking to purchase a unit to place existing equipment that has been rusted because of humidity.
Mr. Stillings moved to place Article 11 as presented. Mr. Walker 2nd. Vote unanimous.
Article 12 – to appropriate from available funds, including Free Cash, the sum of $9,725.00 to replace fencing at the Memorial Playground, including all incidental and related expenses.
Mr. Stillings moved to place Article 12 as presented. Mr. Walker 2nd. Vote unanimous.
Article 21 – to amend the Town of Rutland General Bylaws by adding a new section titled “STORMWATER MANAGEMENT”.
Ms. Dibb stated last year a stormwater bylaw was presented and there were questions, but it was not placed. Weston and Sampson has provided their version of the Stormwater Management Bylaw. Mr. Kellaher stated the bylaws will be specific to Rutland. It was reviewed by the Bylaw Subcommittee and the approved. Legal has also reviewed the bylaw. It is important to go on the warrant because of is part of the stormwater program. A bylaw was put together 8-9 years ago but didn’t go anywhere.
Mr. Clark asked about the actual cost. Mr. Kellaher is unsure because there are a lot of in-kind services that the department can do. In the past, it was a 5-year plan.
Mr. Stillings asked if Mr. Kellaher can have a cost by the Special Town meeting. Mr. Kellaher confirmed he will have it available.
Mr. Kellaher discussed the past draft of the bylaw.
There was discussion about the prior bylaw and its review by legal. The current proposed bylaw satisfies stormwater management regulations which encompasses MS4.
Mr. Clark moved to place Article 21. Mr. Stillings 2nd. Vote unanimous.
Mr. Reed stated there is time to review with legal the recommended changes and there can be a handout provided.
Article 22 – PILOT agreements for the solar projects on Wheeler Road and Maple Avenue.
Mr. Stillings moved to place Article 22 as presented. Mr. Clark 2nd. Vote unanimous.
Ms. Whiteman joined the meeting at 5:50 p.m.
Article 23 – to appropriate from available funds, including Water Enterprise Fund Retained Earnings or Free Cash, the sum of $4,600.00 for the purchase and installation of closed-circuit security cameras at the water treatment facility.
There is a longer list of Water Enterprise Free Cash items. The account is very cash heavy currently. It might be time to consider the list. Mr. Reed sent a draft article to counsel that would incorporate all suggestions from Mr. Kellaher to be taken out of Water available funds. This would include Articles 23 and 25. There is a large project coming up that will take approximately $300,000. There is currently $900,000 in Water Free Cash. The proposed list would total $155,000.
Mr. Kellaher reviewed the list of projects. Processor Upgrade ($21,870.00) – the processor takes care of chemical content, flushes, and backflow. The last time it was upgraded was 8-9 years ago. If the system failed, water could be distributed and treated, but it would be done manually and would be a time-consuming procedure. The system is currently working, but the plant is 22-years old. The processor would be in addition to the $155,000.
Water Line Replacement – existing water line is 50 plus years old. It’s in one of the oldest developments in town, the Colario development. A lot has been band-aided. The cost to replace would be $72,900. There is not enough in Water Free Cash to do the full neighborhood. The requested amount will do the engineering of the entire neighborhood, then it will be replaced in sections. Phase one would be approximately $380,000.
Mr. Kellaher confirmed all of the streets in the Colario development have been accepted by the Town.
Leak Detection Survey – leak detection and unaccounted for water, currently at 15% but must be improved to 10% or below for 3-years.
Camera System – security for the water treatment plant, gate, building, and surrounding area. Mr. Clark asked where the feed would go. Mr. Kellaher stated it has not been discussed, but probably should be monitored by Dispatch. The plant is not currently monitored.
There was discussion about closing the gate and concerns about who would monitor the cameras the tapes. Mr. Kellaher believes it should be done correctly.
Mr. Kellaher stated he is not sure about the logistics of running the cameras to Dispatch. It should be monitored 24 hours a day, just like the other monitors in Town.
NEW BUSINESS
6:00 p.m.: Street Layout, Arrowhead Drive, Clealand Circle, Horizon Road, Grizzly Drive and Glenwood Place
The Board received three requests by the builder’s attorney to layout the ways: Arrowhead, Clealand Circle, Horizon Road, Grizzly Drive, and additionally, Glenwood Place.
The Board first needs to determine the laying of the ways prior to placing on the STM Warrant.
Motions have been reviewed by Counsel for all 5 roads in question.
Norm Anderson, Chairman of the Planning Board, stated the Planning Board has been working with Quinn Engineering. All deficiencies have been corrected and addressed. Quinn has provided a statement that all roads (Clealand Circle, Horzion Road, Grizzly Drive and Arrowhead Way) are built to the plans of the subdivision. Mr. Anderson stated there is still money due. Quinn bills at the end of the month, which should be received by STM. Mr. Anderson’s recommendation will be based on the account being brought to a zero balance prior to STM.
Mr. Anderson stated that Glenwood Place is less of a Planning Board issue as it is not a subdivision. It was a request by Clealand Blair Jr. to the Board of Selectmen to accept the additional 324 feet of roadway. The conditions prior outlined by DPW included turnaround, drainage, and culverts. In conversations with DPW, all conditions have been met. Planning Board can give a recommendation for STM but does not feel it’s appropriate as it was not a subdivision.
Mr. Kellaher discussed that it was miscommunicated that Glenwood Place was a Town road. It has been straightened out. There were conditioned set by DPW prior to acceptance. The conditions have been fulfilled. Drainage and culverts are done, and the turnaround is complete. Mr. Kellaher will approve the road.
Chief Knipe stated all Fire Department issues have been addressed.
Silvia Ruzbasan, 27 Glenwood Place, stated Glenwood Place is not a public road. 40 years ago, there was a carriage road, but not a public road. Trees were illegally cut down. There are now stumps buried in the road that Ms. Ruzbasan believes should be removed. She does not want to pay for the road though taxes and disagrees with the extension of 300+ feet.
Mr. Kellaher confirmed that the first portion of Glenwood Place is on Chapter 90. Extra money was put into the extension. It needs to be maintained like other dirt roads. It’s a step above some other dirt roads in Town. Ms. Ruzbasan discussed what happened with stumps being buried. The top coat looks beautiful but under it there are stumps. There was discussion about the issues.
Mr. Stillings asked if anyone has investigated the claim of stumps buried under the surface. Mr. Kellaher stated he has never seen a stump buried in the roadway. What is past the 300+ feet he has not looked at. The road has been closed to trucks because of the season. Mr. Stillings asked Ms. Ruzbasan if evidence has been provided of the stumps. Ms. Ruzbasan stated she has provided it to the Planning Board.
Ms. Dibb feels that it is in the residents’ best interest to have the 300+ foot extension taken over by the Town. There was further discussion about the road construction.
Mr. Blair stated that of the 6 homes on this roadway, 3 are occupied. Lots 1 and 4 are being built and lot 3 is pending construction. Ms. Ruzbasan stated there were originally 11 approved. The additional 5 homes will remain on a private road. Mr. Blair stated there was confusion when the houses were sold. He had information that the public road went to a certain point. Further investigation discovered the road only went to the flagpole. Mr. Blair stated they were under the impression the extra ~320 feet were part of the public way.
Ms. Dibb stated with 3 houses to be built and the road closed to construction trucks for the season, it is appropriate to accept Glenwood with construction still happening.
Ms. Whiteman asked about the private way that will remain private. There was discussion about the houses that still need to be constructed. Mr. Blair stated they fixed the road for the Town. He did not bury stumps on the road, which has been there for a couple years now.
Ms. Dibb asked Mr. Kellaher is this is an appropriate time to accept the 324 feet. Mr. Kellaher stated it is.
Mr. Stillings asked if there is any way to check for voids in a road. Mr. Kellaher stated he wouldn’t know. He has seen no sign of depressions on the roadway. Ms. Ruzbasan asked the Board what they have to lose if it was held back a few years. As a taxpayer she has something to lose. Ms. Dibb stated she understands Ms. Ruzbasan’s frustration, but does not think she is doing residents a service if it is not moved forward.
Ms. Ruzbasan stated the residents were under the impression that the developer would be plowing.
Mr. Walker stated the Board of Selectmen just lays out the road and they need to go by the DPW recommendation. The townspeople vote to accept or not accept. Ms. Dibb discussed private roads with summer cottages that became year-round residences. Ms. Dibb stated if the Town is currently in the position to accept the private road, they should be maintained by the Town.
Matt Lavoie, 28 Grizzly Drive (Lot 51), discussed the access road to Brintnal. Mr. Lavoie wanted it to be put on the radar for when construction will begin for the extension of Grizzly. Mr. Lavoie has concerns about the access road and hope that the Town will continue to plow. Mr. Blair stated he is in the process of permitting the continuation of Grizzly Drive. He is working with DCR and DEP. In the meantime, the access road was accepted as a paper road in the ‘80s. They will put the road back to its original condition. Grizzley Drive will extend a year from Spring 2019. Mr. Kellaher stated the access road is not plowed. If the Town is not going to plow the access road, there is a possibility that services cannot get there. Mr. Lavoie appreciates all of the work that has been done. It took approximately 6 months and he
appreciates that the Board listened to the residents. Ms. Dibb stated it was unusual for a neighborhood to speak up against the taking of a public way. The Board appreciated resident input.
David Vander Geer, 17 Grizzly Drive, thanked Mr. Blair for completing the work. There were serious concerns and he is happy that the Board listened. Mr. Vander Geer thanked Mr. Blair and is looking forward to the roads being accepted.
Ms. Dibb asked if the funds owed can be determined prior to posting the warrant. Mr. Anderson will get the amount.
Mr. Reed discussed a letter sent to George Kiritsy that any costs associated with the layout will not be borne by the Town.
Ms. Whiteman moved, for reasons of public necessity and convenience, to: lay out as public ways the following roadways: the entirely of Clealand Circle and Horizon Rad, as shown more particularly on a plan recorded with the Worcester South District Registry of Deeds in Plan Book 825, Plan 66; a portion of Grizzly Drive, as shown on a plan in Plan Book 866, Page 60; and a portion of Arrowhead Way, as shown on a plan recorded in Plan Book 910, Plan 65; executive an Order of layout of Clealand Circle, Horizon Road, Grizzly Drive, and Arrowhead Way; and to forward the layout order ad plans to the Town Clerk for filing and to Town Meeting for acceptance as public ways. Mr. Clark 2nd the motion. Vote unanimous.
Mr. Stillings moved, for reasons of public necessity and convenience, to: lay out a portion of Glenwood Place as a town way, which portion is shown more particularly as “Proposed Extension of Glenwood Place 20,787.88 S.F. 0.48 Acres” on a plan entitled ”Street Acceptance Plan, Located on Glenwood Place & Glenwood Place Extension, Rutland, MA 01543”, dated March 28, 2018, prepared by New England Environmental Design, LLC; execute an Order of Layout of said portion of Glenwood Place; and forward the layout order and plan to the Town Clerk for filing and to Town Meeting for acceptance as a public way. Mr. Walker 2nd the motion. Vote unanimous.
Special Town Meeting Warrant and Article Review (continued)
Article 4 – to appropriate from Free Cash the sum of $500.00 to bind and preserve Town meeting warrants and minutes, town reports and Street Lists, including all incidental and related expenses.
Anita Carlson, Town Clerk, stated she received a couple of estimates. Town Meeting records haven’t been bound since 1987. It will take an estimated 3 volumes to get up to date. Street Lists and Annual Reports will take an additional 2 volumes. The $500 should bring them up to date through 2017. A local company in Clinton provided the quote.
Mr. Stillings moved to place Article 4 as presented. Mr. Clark 2nd. Vote unanimous.
Article 8 – to appropriate from available funds, including Free Cash, the sum of $5,000.00 to upgrade the Town’s website, including all incidental and related expenses.
Ms. Carlson stated the website dates back to 2007. It would cost $5,000 to redesign and provide training. It’s through the same company – Virtual Town Hall was merged with CivicPlus. More Town departments would have access and be able to post directly to the website. The $5,000 can be spread over two fiscal years if the Town chooses to. Hubbardston and Bolton as well as Littleton, Milton, and Lexington have switched over to this service.
Mr. Stillings moved to place Article 8 as presented. Ms. Whiteman 2nd. Vote unanimous.
Mr. Kellaher continued his discussion of the items requested under Water Free Cash.
Finish Water Pump & Motor Re-build – they recently put a lot of money into a pump and motor that failed. Without the two they cannot distribute water. Because of the age of the oldest pump it should be replaced.
Media for water filtration was discussed.
Solar Float Powered Single Quattro D-8 – this is supposed to control the algae and odor of the water. $10,400 for solar-powered versus wire-powered. The department receives a lot of calls in August. Mr. Kellaher does not have a lot of information about it and does not have any information on towns it has been successful in. The next level to this would be a carbon filter. There are roughly 1,700 water users.
The next item is an enclosed cargo trailer for supplies that would be ready for maintenance or emergencies.
Security fencing – would be to upgrade fencing around the water treatment plant. It will include new gates and a wider area near the plant to make way for trucks.
Ms. Dibb asked about CIPC’s role in the past for the Water Enterprise. Mr. Kellaher stated he has generally received support because the money is there, however they like to review all projects put through.
The grand total is $175,795 in expenditures. The current balance is $918,500. Ms. Dibb added the well testing at the Heights into the list.
Mr. Stillings asked about the Finance Committee’s vote on the large items. It was discussed that they do not vote until the articles are placed.
Mr. Stillings asked Mr. Kellaher if all items listed are considered critical. Mr. Kellaher stated the critical items are media and engineering. The gates, fencing, and camera system are important but not necessarily critical.
The water pump is not needed, but is important.
The CCTV & fencing can hold until the Annual Town Meeting. Leak detection survey is inexpensive. Engineering is critical.
Ms. Dibb stated Article 23 and 25 should be placed together as one article.
Mr. Reed stated certified Free Cash is $624,571 and Water Free Cash is $918,500.
Mr. Stillings moved to place and merge Articles 23 and 25 as Article 27. Mr. Clark 2nd. Vote unanimous.
Article 13 – to accept the following streets, as laid out by the Board of Selectmen... Grizzly Drive, Clealand Circle, Horizon Drive, Arrowhead Drive.
Mr. Clark moved to place Article 13. Mr. Stillings 2nd. Vote unanimous.
Article 14 – to accept Glenwood Place, as laid out by the Board of Selectmen.
Ms. Whiteman moved to place Article 14. Mr. Clark 2nd. Vote unanimous.
Articles 13 & 14 will require a 2/3 vote at Town Meeting.
Article 15 – Amend Zoning Bylaw to impose a complete ban on non-medical marijuana establishments (2/3 vote); approval of ballot question at annual or special election also required.
Mr. Stillings moved to place Article 15 as presented. Mr. Clark 2nd. Vote unanimous.
Article 16 – Amend Zoning Bylaw to allow all types of non-medical marijuana establishments, with certain types of establishments allowed in certain districts, all subject to special permit and site plan review by the Planning Board (2/3 vote).
Mr. Clark moved to place Article 16 as presented. Ms. Whiteman 2nd. Vote 4-1.
Article 17 – Accept G.L. c.64N, §3 allowing imposition of 3% sales tax on retail sales of marijuana (majority vote).
Mr. Clark moved to place Article 17 as presented. Ms. Whiteman 2nd. Vote unanimous.
Article 18 – Amend Zoning Bylaw to prohibit retail non-medical marijuana establishments, but allow all other types of non-medical marijuana establishments, with certain types of establishments allowed in certain districts, all subject to special permit and site plan review by the Planning Board (2/3 vote); approval of ballot question at annual or special election also required.
Mr. Clark moved to place Article 18 as presented. Ms. Whiteman 2nd. Vote 4-1.
Article 19 – Amend Zoning Bylaw to authorize extension until July 1, 2019 of temporary moratorium on non-medical marijuana establishments (needed if the Town approves Articles 15 or 18, or if Articles 15-18 are all rejected or passed over) (2/3 vote).
Mr. Anderson stated that hours and hours have been spent writing the proposed bylaws. An extension of the moratorium is “kicking the can down the road”. They would then need to be brought back at the Annual Town Meeting at the latest. Mr. Anderson does not see what could be changed to be more palatable by anyone by that time. He doesn’t formally oppose it, but does not believe it is the best idea. Mr. Reed stated it is on the draft as a result of a conversation with Legal as a “just in case” but would require another Planning Board hearing.
This was put on the draft only for a scenario in which everything else fails.
Mr. Clark moved to not place Article 19. Mr. Stillings 2nd. Vote unanimous.
Article 20 – Amend General Bylaws to impose complete ban on non-medical marijuana establishments (majority vote); approval of ballot question at annual or special election also required.
The General Bylaw would require a majority vote and would be full prohibition.
Mr. Stillings moved to place Article 20 as presented. Mr. Clark 2nd. Vote unanimous.
Mr. Anderson stated that legal feels that there are some changes a General Bylaw could be tested in court and therefore carries somewhat of a risk. Until it is tested it would be unknown. Ms. Whiteman thanked Mr. Anderson and everyone who worked on the bylaws for their hard work.
Article 24 – to authorize the Board of Selectmen to lease for recreation purposes approximately eight (8) ages or land […] for a term of 30 years, and on such other terms and conditions as the Board of Selectmen deem appropriate, and to execute instruments, including leases and notices thereof, and to take such other action as may be necessary to effectuate the purposes of this article.
Ms. Dibb discussed the property described as “65 Glenwood Road”. The school and Marsh Field leases have 10-year leases with 10-year extensions. Mr. Reed reached out to Dr. McCall and legal feels that this would be an edit to the current lease with Wachusett Regional School District. This is part of the parcel that is leased to the schools. Mr. Kellaher stated they mow the ball field at Naquag and Central Tree Middle. The school does the other mowing.
Jason Destratis, President, Rutland Youth Soccer, thanked the Board. There was discussion about the lease process and that the parcel is not delineated on the Assessor’s map. The address is one big parcel (100 acres). Mr. Destratis stated the 10-year lease would be agreeable. Rutland Youth Soccer wants as long as available with the investment being made. If there is a standard in place with the Town, they would be grateful for that.
Mr. Stillings believes it should be consistent with Marsh Field.
Ms. Whiteman moved to place Article 24 with the modification to a “10-year lease with 10-year extension”. Mr. Stillings 2nd. Vote unanimous.
Peter Craine, Nates Way, asked about a public consumption or marijuana bylaw. Ms. Dibb stated it is not being considered for placement at this time.
There was discussion about the balance of Free Cash after the Special Town Meeting.
There was discussion about the order of the Warrant. General government (making budget whole), followed by the three savings accounts, then items in order of expense.
Sewer unpaid bills & Water Enterprise should come after General Government, followed by Solar PILOT agreement, Soccer field lease, Stormwater, Street Acceptances, and Marijuana Bylaws.
Mr. Walker moved to approve the warrant subject to review and approval by Town Counsel as to the form of the articles, and to authorize the Town Administrator to make such changes as he deems appropriate based upon such review. Mr. Clark 2nd. Vote unanimous.
Roof Bids
Bids were opened on Thursday October 25. Mr. Kellaher stated there were 4 bids, the highest was $307,000 and lowest $165,000. Mr. Kellaher recommended awarding the bid to WPI Construction.
Mr. Reed stated that as part of the scope, the railings on the Library roof will come down.
Mr. Clark moved to award the roof bid to WPI Construction Inc. for $165,000 for the Library and Public Safety Building. Mr. Stillings 2nd. Vote unanimous.
The work will be done in 90 days.
PUBLIC COMMENT
Paul Mattson, Cable Advisory Committee, stated there have been heavy rains and all repairs have held up. He thanked everyone for their work.
Mr. Clark moved to adjourn. Mr. Walker 2nd. Vote unanimous.
The meeting adjourned at 7:35 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Board of Selectmen
Prepared by Laura Paradise Approved ________
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