Board of Selectmen
Monday August 13, 2018
Rutland Public Library
6:00 p.m.
Present: Sheila Dibb, Jeff Stillings, Leroy Clark, Leah Whiteman
Absent: Wayne Walker
Others: Margaret Nartowicz – Town Administrator, Abby Benoit – Administrative Assistant
Ms. Dibb opened the meeting at 6:00 p.m. The meeting aired on Channel 191.
The Pledge of Allegiance was recited.
Mr. Clark moved to sign Treasury Warrant #4 and payroll. Mr. Stillings 2nd. Vote unanimous.
APPOINTMETS
6:00 p.m.: Town Clerk, Anita Carlson, September 4, 2018 State Primary, Appointment of Election Officers, Open Meeting Law Training
The warrant for posting the 2018 State Primary must be signed by the Select Board.
Mr. Stillings moved to sign the warrant. Mr. Clark 2nd. Vote unanimous.
Ms. Carlson stated Wednesday August 15th is the last day to register to vote for the primary. There is information online and absentee ballots are available.
MGL Chapter 54 stipulates that election officers be appointed between July 15th and August 15th. Ms. Carlson provided a list of names.
Ms. Whiteman moved that the slate as presented be appointed election officers per MGL Chapter 54 Section 12. Mr. Stillings 2nd. Vote unanimous.
The Attorney General’s office is offering upcoming Open Meeting Law training sessions. Rutland hosted a similar training last September. Ms. Carlson encouraged anyone interested to attend. Sign up is required, but there is no fee.
There was a discussion about updated ethics training – there are some still pending, but not many.
6:10 p.m.: Bylaw Subcommittee Updates
Marilyn Sidoti read a statement for the Board. Ms. Sidoti thanked the Select Board for the opportunity to speak Board and for the chance to give the new Board members a glimpse into the process of writing a bylaw. There is a lengthy process by which bylaws undergo review by legal and the Attorney General. Each bylaw must be within Federal and State law regulations. The Bylaw Subcommittee includes Planning Board members and residents. They began the drafting process by reviewing information from the Cannabis Control Committee (CCC) as well as information and articles received by KP Law. Jennifer Flanagan, a CCC representative from Leominster, provided updated current information in a recent meeting with the Bylaw Subcommittee. The meeting was posted and officials from other Towns were invited to attend. The Subcommittee has also been
working with Ron Baron of CMRPC through funds available to use for community outreach. Mr. Baron is well-versed on what other bylaws have been accepted – he is a valuable asset at no cost to the Town.
They will be meeting with the Fire and Police chiefs to ask that they attend a meeting and address any specific concerns. Ms. Sidoti thanked Gary Kellaher for his assistance. The Subcommittee will have a completed draft of the marijuana bylaw and will draft articles for the bylaw to submit to KP Law, then to the Planning Board and Town Administrator. The Planning Board will present the final bylaw to the Select Board and Finance Committee. There will be an informational meeting scheduled for residents prior to Town Meeting. The regulations from the CCC are very comprehensive and leave little to discretion. There are 8 different licenses that are available to the public. The Subcommittee is also working on a construction noise bylaw with residents from the Nancy Drive area. The residents provided a draft but have agreed to postpone until
the marijuana bylaw is finalized. They are also working with Anita Carlson and Peter Craine for codification of existing bylaws.
CCC regulations state every seed that is planted must be tracked through harvest, shipment, and sale. The CCC is very strict regarding signs that can be posted and shape of gummy candies. They are very strict about labeling and are incorporating medical marijuana. The goal of the commission is to be inclusive.
Mr. Stillings asked about when a draft would be provided, and which position the committee is leaning. Ms. Sidoti stated the bylaw does not lean toward any position. The Subcommittee does not make recommendations. They do write the articles that would determine the position of the Town in the future.
Ms. Dibb discussed communities that have moratoriums in place through December 31st. There were two things to vote on at Town Meeting – one being a zoning bylaw. Zoning matters will only come into play if the community allows the sale of marijuana. The Town needs to be prepared for either.
Ms. Sidoti stated that the bylaw has considered that, and there will be a chart outlining where business is permitted. They are following the format for medical marijuana. There will be 3 articles with choices for the Town to make.
Shawn Moore, Bylaw Subcommittee (non-voting member), added that since the State wants towns to decide if they want marijuana to come into town, the ballot would need to be a yes or no. If yes, they would propose difference license types.
Ms. Nartowicz stated that a lot of towns have done it as a menu selection. Lauren Goldberg, KP Law, had advised having two bylaws presented to mirror each other, a general bylaw and a zoning bylaw. They have discussed location. Ms. Dibb asked about dates for an info session. Ms. Sidoti stated it should be held closer to the Special Town Meeting. Mr. Baron has informed the subcommittee that there is money set aside to help the towns – CMRPC can have someone come out to help educate residents. There was discussion about asking Mr. Baron for dates in October.
The General Noise bylaw will wait until May, as well as a Managed Growth Bylaw.
Ms. Sidoti stated there is a distinction between the Planning Board and the Bylaw Subcommittee. They meet on different nights. There are some overlapping members, but they meet separately.
There was discussion about the distinction between a zoning bylaw and general bylaw. Ms. Nartowicz suggested looking at the KP Law advisories issued. Late September the bylaw should be ready for legal review.
6:20 p.m.: Mike Sullivan, RDIC, HPDD
Mr. Sullivan provided the Board updates on two milestone activities currently going on with RDIC. They put out to bid, in conjunction with the Solar Committee, an RFP for solar in the Heights Plan Development District. Two proposals were received, evaluated, and interviewed. One has been selected and they are in the process, along with a solar consultant, of negotiation. Acreage is approximately 23 acres on the southwest side of the hill.
Mr. Sullivan stated the grade where solar is proposed is not buildable. There is a tree buffer property owned by the Town. Mr. Sullivan stated he has been impressed with the work of the solar consultant.
They just received a final draft from KP Law for a general RFP to not specifically identify individual parcels. It would open the door to allow people to tell RDIC what they would like to do. There has been a lot of general interest in the property itself. Christopher House is still out there. RDIC has an upcoming meeting on Friday.
PUBLIC COMMENT
Ed Tarquinio, 89 Paddock Road, made the Board aware of a traffic problem. Mr. Tarquinio recently submitted a street sign request form to DPW for a 30mph speed limit sign to be put at each end of Paddock Rd.
Ms. Dibb asked who travels the road. Mr. Tarquinio stated he believes it is non-residents traveling through on weekends.
Steve Sherman, 79 Paddock Road, believes what has happened is that with more houses more people have been moving to the street. They used to only see 3 cards in a day and now they see 30. Mr. Sherman has watched school busses going at least 40 mph and not stopping at East Bushy Ln and Paddock. Mr. Sherman suggested in addition to the speed limit change, adding stop signs.
Department Updates
DPW Superintendent, Gary Kellaher
Mr. Kellaher stated he has received the street sign request and it is being processed through DPW, fire, and police.
Charnock Hill Road – DPW receives calls daily regarding the repair of the road. Mr. Kellaher has asked the contractor for the complete repave of 3200 feet. He was called to a site visit with the contractor and paver for a counter offer, which would be both sides of the road saw cut, and pea stone placed with compacted gravel. There are narrow spots, only about 10 feet, if it goes through the winter in its current condition it will become narrower. Summer is almost over, we are nearing September and something must be done.
Mr. Stillings stated that the Board did not ask for a counter-offer. It was sent with a deadline and consequences. There was discussion about the letter sent to the contractor. The directive is to return to the road to as close to the original condition as possible. Mr. Kellaher stated the counter-offer would not restore the road to as close to the original condition as possible.
Ms. Nartowicz stated the Board’s letter clearly specified the requirements. She recommended Mr. Kellaher document the condition to support the Board’s request. Ms. Dibb asked the Planning Board if everyone is on the same page with the work being done and if they feel like they have everything they need.
Norm Anderson, 34 Brintnal Dr., Planning Board, stated they cannot confirm if the latest version of the plans are in the office, though the consulting engineers do. Regarding Charnock Hill Road itself, this was an agreement between the Water & Sewer Commissioners and the developer. The Planning Board does not have jurisdiction over the road as it is.
Mr. Sullivan asked about who should respond to the counter-offer from the developer.
Chapter 90 Updates – regarding the work that was approved and sent in for Chapter 90 for rehab of East Hill Road, the base was put on, the drainage structures are in and raise, and the final pave is going in this week. According to MassDOT, the award letter has still not gone out, Mr. Kellaher has not received it. He did try to get an update today and asked for the ledger for committed and uncommitted funds. There are many calls regarding Bushy Hill Lane, which needs rehab on .7 miles. They’ve put a coat of binder only. For the full length of the job it would be $85,000. If funds are available, Mr. Kellaher would like to move forward on paving the dirt side of the road. This wouldn’t be permanent, should last about 15 years. Ms. Dibb asked why Bushy Lane isn’t holding up as well as the other roads. Mr. Kellaher believes
because of the shade and moisture. He would also like to have the dirt roads calcified.
Mr. Clark moved for Mr. Kellaher to continue with work on Bushy Lane once he confirmed availability of funds. Ms. Whiteman 2nd. Vote 3-1.
Moulton Mill Dam – last week several agencies had a site visit at the Moulton Mill Dam location to evaluate the impact downstream. They will see what impact it would have to put in a structure. It’s very important this be done before the TIP comes through. C.H.A. has submitted a state grant application.
Dick Williams, 35 Overlook Road, also attended the site visit and asked if the dam could be eliminated. He would personally like to see the site not have a dam.
Glenwood School Sidewalk – the area has been dug out and lined with gravel, should be paved soon depending on weather. This meets ADA requirements from the 5th grade wing out to the front.
Ms. Dibb asked if the main entrance will be worked on.
Mr. Kellaher sent the Board updated winter operations and asked that the Board review for approval at their next meeting on August 27th. Other towns are planning to look to Rutland.
Ms. Dibb asked about MassDOT getting crosswalks done before school starts. Mr. Kellaher stated if they can’t get them done then the Town will paint them.
Town Administrator Report, Margaret Nartowicz
Municipal Solar Projects – the other projects include Wheeler Road and the Central Tree site. The initial proposals came in with a solar asset on Wheeler Rd and Central Tree – Central Tree is under a haying contract, so they asked the project to be moved back. Ms. Nartowicz believes the acreage is 23 acres, some treed and some cleared. Some is still going to be free for agricultural use. This project has been pursued because of the economic benefit to the town. There are many variables including National Grid’s recent statements that they have enough capacity on their grid to last forever. There are potential interconnection costs and both proposers did project some costs because it could include upgrades to substations. The Town would collect payment in lieu of taxes. There is more information to come. Beth Greenblatt is
working with the Town as energy consultant and is an expert in the field.
Town Planner Search Process – there was a small team of individuals compiled to screen the resumes. There is one candidate that the team took interest in. Ms. Nartowicz reached out this morning to offer a position. The candidate is expected to respond by the end of the week.
State FY19 Budget (Local Aid Impacts) – The Town will be able to replenish a bit of the free cash.
DPW Director & Town Administrator Search and Selection Processes – 16 résumés were received for Town Administrator. Bob Reed, the incoming Interim Town Administrator, has advocated for a professional recruitment process. He believes the Town can interview the current candidates and, after screening, recommend that the candidates be invited to interviews with Select Board members. If nothing comes of it, they can do a professional recruitment. There are candidates currently waiting.
Ms. Nartowicz will review interview questions to add or edit as appropriate.
Four résumés were received for the DPW Director position. Ms. Nartowicz suggested having Mr. Kellaher, Mr. Reed, and herself review the résumés as a team to move forward for Board interviews. They should start thinking about questions for this position as well.
NEW BUSINESS
Cable Advisory Committee Resignation
Mr. Clark moved to accept the resignation of Jim Kelley from the Cable Advisory Committee, effective July 25th, 2018 for a term expiring 2019. Ms. Whiteman 2nd. Vote unanimous.
Board and Committee Liaisons
The topic came up during the recent goals and objectives meeting. There is no longer a need for liaisons to employees now that there is a Town Administrator position, but the Board would like to give this a try again with elected boards and appointed committees.
The Board discussed assigning liaisons for each board and committee. Liaisons will try to make one meeting per quarter of their designated boards. The liaisons will provide updates at Select Board meetings.
Community Center Regulation Updates
Ms. Nartowicz stated this was already put together and the change is to have requests not related to Recreation come through the Community Center. Recreation would still go through Recreation, but non-rec groups would coordinate through the Council on Aging. Ms. Whiteman asked about cleaning. There is no outside cleaning that comes in the clean the building. This year, work was done by volunteers. There was discussion about notifying users that the building is not regularly cleaned. Ms. Nartowicz will add that to the regulations and bring it back to the Board.
Open Meeting Rules of Decorum
There are other communities that have these rules. Ms. Nartowicz suggested that it be posted to the entrance of the Board of Selectmen meeting room. Mr. Stillings asked where the rules came from. Ms. Nartowicz stated some come from statute and others came from other towns. Ms. Nartowicz is in agreement with the document.
Mr. Stillings read aloud the presented Rules of Decorum.
Mr. Stillings asked if it was reviewed by Town Counsel. Ms. Nartowicz confirmed it has been and that the final removal comes directly from law. Ms. Nartowicz will add the statutory reference.
This would apply for Board of Selectmen meetings.
Mr. Stillings moved to adopt the Open Meeting Rules of Decorum with the inclusion of the MGL statute for the final bullet point relating to the removal of a person. Mr. Clark 2nd. Vote unanimous.
Randy Jordan, 51 Muschopauge Road, asked about removing persons from meetings. Ms. Dibb stated someone would be called if needed.
Town Property Review Committee
The formation of a committee was recommended by Ms. Nartowicz and CIPC. There is a charge with a proposed group of 5-7 members comprising a professional committee: 1 CIPC member, 1 FinCom member, 1 member of the Select Board, and 2-4 qualified building or property management professionals. This is needed for the Town. The Board can create a committee tonight or bring it back. If created tonight, they can post for applications for at-large members.
Ms. Nartowicz stated a group of inspectors and officials walked through the school buildings about a year ago, which should be scheduled again. The issue is several are not qualified building professionals. Professional participation would be helpful for the Town. Ms. Nartowicz state the concern is getting the members and having them stick to the charge. The Board will hold for CIPC comment.
Parks and Recreation
There was previously a Recreation Committee made up of volunteers, which recently disbanded. The Recreation Department now reports to the Town Administrator. Recreation has been fully self-funded, and not funded under the levy.
There have been ongoing discussions about Town assets and things falling under DPW.
Mr. Clark stated it shouldn’t go under DPW because they are stretched thin. Mr. Stillings stated he would like to see this wait until after the hire of a DPW Director and Town Administrator.
OLD BUSINESS
Marsh Field Lease Proposal
Ms. Dibb stated if approved the RFP could be released tonight. Ms. Nartowicz suggested limiting the term of renewal options to less than 20 years. 10 years would require Town Meeting authorization. Mr. Stillings asked if a lease is needed. Ms. Nartowicz stated the only alternative is a license agreement, which can only be used if the property is kept open for public use as well. There was discussion about use of the field and language to be similar to the school buildings.
Jonathan Miller, 27 Brunelle Drive, stated the difference between schools and baseball is that the school is paid for with Town money. The lease would be of the land, but the buildings are league-owned private property. Mr. Miller stated he is concerned about the field and what private groups would use it for. There was discussion about the lease agreement to be written to allow coordination with Town departments for Town-sanctioned activities for suitable facility use.
There was discussion about the initial lease of 20-years and an extension for one 10-year term.
Randy Jordan, 51 Muschopauge Road, discussed also adding “until it is renewed again” if the term expires.
Dick Williams, 35 Overlook Road, asked if the Town has done any testing because of the dump, and if the Town is liable. It is supposed to be a capped landfill.
Mr. Clark moved to approve the RFP as to form and release to public with the details as noted for the Marsh Field exclusive lease. Mr. Stillings 2nd. Vote unanimous.
Glenwood Field Proposals
At this point, the Board has a packet of comments from Boards, Committees, and groups.
Jason Destratis, 20 Arline Drive, President of Rutland Youth Soccer, stated they have done a preliminary draft. They have not invested money in a survey for feasibility construct. There were a lot of questions from the last meeting regarding hay leases, replication, and the school building committee. They hay lease cannot be located and there is no APR on the property. There were initial conversations about the agricultural soils, but nothing beyond the letters.
Mr. Williams stated he went to the assessors map for behind the Glenwood School. There are 16 acres with a 50-foot difference for 3 tiers of fields – can log it, stump it, and put it into fields. It is not designated wetlands.
Mr. Clark asked if there are any Town land locations that may be suitable for replication. Mr. Williams stated between the Heights and Central Tree. The only large parcel is on Route 68. Mr. Jordan discussed the Treasure Valley property, which is currently under state bid.
There was further discussion about the process of making a hay field and a soccer field.
Mr. Destratis stated that from Soccer’s perspective they have a limited amount of resources for the work that they think will benefit the Town. They do think they can gain volunteer work and other resources to rehab the space into soccer fields and parking. Most of the schedule takes place on the weekend, except for practices. It ultimately comes down to vision of the frontage in front of the school. With the fields being in the back, the feasibility of doing so and the additional work would seem to be more favorable for haying than soccer. Ultimately, they don’t know the true feasibility of the front-facing field and would like to test for feasibility for the type of work that it would take to flatten it into fields. Some guidelines would be to have retaining walls and use natural drainage, and aesthetically improve the space. They
are looking for permission to test for feasibility.
Rutland Youth Soccer is happy to invest money, but they want to be able to use it. There are 16 acres behind Glenwood, all wooded. There was further discussion about Skyline Drive. Ms. Nartowicz suggested a group take a comprehensive look at all Town-owned parcels, locations, wetlands, and cleared to get a better sense of the parcels. There will also be needs for cemetery space and buildings/senior center.
Ms. Whiteman asked what work goes into making Rutland soil productive soil for haying or crops. The school’s 8-acres was declared when the school build was prime soil.
Mary Kauppila, 126 Main Street, asked how Rutland is maintaining the property they have now. The Town has to start doing stuff to maintain the property it owns.
Rutland Youth Soccer would be interested in generating money for the Town.
There was discussion about the youth sports not taking on such huge projects that are Town-wide projects.
Ms. Whiteman asked what it would take for the Town to tree the land and if they can do it and break even. At least they would own the fields.
The haying contract is currently held by a farmer in Oakham. The contract, if it exists, goes through 2019.
There was discussion about whether the Town can be clearing land in the meantime.
Mr. Jordan discussed when the Annual Town meeting voted to purchase the Glenwood property.
Debbie Carlson, 54 Emerald Road, stated if you look at the original warrant, the vote to take the property goes against the warrant article unless opened up to school land. It also privatizes the land. There are rules in place that the Town cannot just take land that is being farmed. Ms. Nartowicz stated had the Town put it in APR at the time, this wouldn’t be a discussion. Ms. Dibb stated relative to what is brought up, it would need to be legally vetted.
Mr. Clark stated he would recuse himself from the vote if a vote is taken. Ms. Nartowicz stated she has concerns because of a lack of documentation behind the fields. She has not found anything definitive.
Ms. Whiteman asked how long it would take for soccer to have the field surveyed. Mr. Destratis stated they would need to source someone who could provide feasibility. He does not have a timetable but suspects 1-2 months at minimum. If the field were open to the public, the Board may be able to enter a license agreement versus a lease agreement.
Ms. Whiteman stated should would like to table to further investigate legally and get a forester in regarding cleaning more land.
Mr. Jordan stated there was a lot of direction going to the Parks and Recreation Committee for a long-term plan.
Ms. Whiteman stated several Boards have made statements against the development of that field in favor of keeping it a hay field.
Mr. Destratis stated he would love to see the plan for recreation space that includes soccer and other uses. He has limited faith that it will happen in the next five years. In the absence of a larger plan, he believes this space works. If the Town is going to work towards a larger plan, Soccer will make contributions to the larger plan.
They would like good road access, probably 10-12 acres but it depends on the land.
Ms. Dibb asked representatives from the Agricultural Commission if they have a position on the solar field, and whether the soccer field could be reclaimed as a hay field.
There was discussion about losing the property on Main Street.
Mr. Williams stated the Town of Holden has $50,000 budget that goes into AgCom to purchase anything out of 61A.
Peter Craine, 6 Nates Way, asked if conservation-restricted land can be used for soccer fields. He has been reading about passive recreation – the EPA doesn’t have anything that requires a structure playing surface to be considered passive.
Ms. Nartowicz stated regarding a forester that the Town needs to move forward with looking at the parcels owned by the Town and the needs to create usable land.
Ms. Whiteman would like to hold on voting but continue to move forward. If the Town can clear there may be better space created. Nothing can be done until April 2019 regardless; she would like to keep it as a priority on the Board’s forefront.
Mr. Williams can get ahold of the forester this week and see what can be sped up. Baseball and Soccer would like to talk the property as well. There was discussion about Route 68/Wheeler Rd behind Glenwood.
There was discussion about the Town Planner position and about hiring some professional help of having the Planner apply for grants.
Ms. Whiteman would like to see the discussion tabled for tonight.
Board of Selectmen Goals and Objectives
The Board discussed objectives. The RRECC expansion – immediately after the meeting they will need to discuss a schedule an enact it.
The water & sewer moratorium commission/study committee – they have reached out to MWRA, with specific attention to the establishment of a water and sewer district. Ms. Dibb asked who should be contacted regarding establish such district. Ms. Nartowicz will put out an email across the state to see if anyone has done something similar recently. Mr. Clark asked if anyone has done anything up at Rutland Heights. Mr. Williams stated he left a message for someone to come in and look at it to see how deep it is and how many gallons per minute, if it needs to be flushed. RDIC is aware.
The Board discussed long-term goals with regard to the creation of a property review committee.
Ms. Dibb would like to create a timeline for the water and sewer moratorium in particular and asked if the Board can take a time frame of 60-days to figure this out. Ms. Nartowicz stated a statute will govern establishing a water and sewer commission. She will follow up with legal on the Town establishing water and sewer boundaries on the water and sewer commission.
Ms. Dibb asked for a paper trail on the well issue on the Heights property. Ms. Nartowicz will talk to Mr. Kellaher because someone was issued a water withdrawal permit.
Ms. Nartowicz will follow up with Ron Baron regarding the Managed Growth Steering Committee.
Mr. Clark moved to adjourn. Ms. Whiteman 2nd. Vote unanimous.
Meeting adjourned at 9:25 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Board of Selectmen
Prepared by Laura Paradise Approved ___________
| 
