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September 20, 2005 minutes
TOWN OF EAST WINDSOR
BOARD OF SELECTMEN

REGULAR MEETING MINUTES
September 20, 2005

I.      TIME AND PLACE OF MEETING


Ms. Roberts called the meeting to order Tuesday, September 20, 2005 at 7:35 p.m. at the East Windsor Town Hall

II.     ATTENDANCE
Linda Roberts, First Selectman
Al Regina, Selectman
Kenneth Crouch, Deputy First Selectman
Michael Balf, Selectman

Unable to attend:  Thomas Sinsigallo, Selectman  (unscheduled)


III.    ADDED AGENDA ITEMS – None.

IV.     PREVIOUS MINUTES
a.      Regular meeting minutes of August 16, 2005

MOTION: To accept the regular meeting minutes of August 15, 2005, as submitted
                Made by Mr. Regina, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

V.      PUBLIC PARTICIPATION

Elizabeth Burns stated that next Tuesday on the t.v. sitcom “My Name is Earl” local youth Kevin Olson will be appearing in the show.

VI.     COMMUNICATIONS – For the Board’s information:
a)      Connecticut Labor Force Date, June 2005
b)      2005 Neighborhood Assistance Act re: Historical Society
c)      CCM/Legislative Update
d)      CCM/Farmland Preservation Bill
e)      CRRA/Mid-Connecticut Project Update, MDC Arbitration and
f)      New Hartford Lawsuit
g)      CRRA/Building New Recycling Facility
h)      CRRA/New Recycling Initiative
i)      DEP/No Discharge Area Project for Guilford to Groton
j)      DOT/Notice of Hearing
k)      Interstate Brands Corporation/Layoff Cancellation
l)      Thank you letter to WPCA
m)      Thank you letter to Laura Clynch/Senior Center


VII.    SELECTMEN REPORTS
a)      L. Roberts, First Selectman
·       Photos from the secretary of state awards on 8/18 were shared
b)      K. Crouch, Deputy First Selectman
·       Building Committee  the Boiler project at the Broad Brook school is completed and there will be approximately $15,000 back to the town from the project.  The Police Department Renovation is moving along, partitions will be in by 11/1 and the dispatch area is almost usable.   This is a phased projected.
c)      Regina, Selectman – No report
d)      T. Sinsigallo, Selectman - No report
e)      M. Balf, Selectman
·       Board of Education  School is open and this is the first full year for Dr. Galluchi.  The incoming freshman started a day early and it was a positive project.
·       Dean Avenue drainage project is creeping along, it will hopefully be paved by winter.  Ms. Roberts added that it will be paved in two weeks.  
·       Municipal Facilities Study Committee meets regularly and has viewed all of the Town facilities.  Now they will formulate their recommendations

VIII.   BOARD AND COMMISSION APPOINTMENTS & RESIGNATION

Vacancies:
American Heritage River Commission:
Five reg. R, D or U vacancies; two vacancies to be filled; one term expiring 11/1/2006 and one term expiring 11/1/2007; three regular 4-yr. terms available.
Four Alt. vacancies, 4-yr. terms
Conservation Commission:
One alt. R & U, vacancy, 4-yr. terms
Economic Development Commission:
Three Reg. R, or U, vacancies to be filled, one term expiring 11/1/2005 and two terms expiring 10/1/2007
Municipal Building Code Board of Appeals:
Five Regular Members
Property Maintenance Code Bd. Of Appeals:
One Reg. R or U, vacancy, 4-yr. term

Resignation:
CONSERVATION COMMISSION

MOTION: To accept, with regret the resignation of John Maslak from the Conservation Commission
                Made by Mr. Crouch, seconded by Mr. Regina
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

VOLUNTEER INCENTIVE COMMITTEE
MOTION: To accept with regret the resignation of Al Regina from the Volunteer Incentive Committee
                Made by Mr. Crouch, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

Re-Appointment:  None
New Appointments, Applications to be considered:

ECONOMIC DEVELOPMENT COMMISSION
MOTION: To appoint John Kapelner, to the Economic Development Commission for a  4-yr term, filling a vacancy, term expiring 10/1/2007
                Made by Mr. Crouch, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.
                
MOTION: To go out of agenda order to New Business, Item F
                Made by Mr. Crouch, seconded by Mr. Regina
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

PROPOSED DEVELOPERS AGREEMENT (TOWN OF EAST WINDSOR/CHAPMAN)

Kevin Leslie and Paul Anderson of the WPCA came before the Commission to discuss this agreement and set the record straight on some misinformation that is circulating regarding this proposal.  A copy of the official proposal was distributed and Mr. Leslie gave a history of this project back to 2003.  

Mr. Leslie outlined that the WPCA had a consensus to work out the proposal with the developer and has the authority to do so.  He gave the history of the sewer lines in place and the two directions of where the sewer line could go, as well as the economic impact of the sewer line down North Road.  The North Road route is gravity fed and a benefit to the surrounding properties.  The other way is a forced main.  

This proposal does not represent any implied approval with land use agencies. The developer understands they must go through and get approval from all the appropriate agencies for the project to go forward.  If that is accomplished this proposal goes before the Board of Selectmen and a Town Meeting.  There will be a pump station and the specifics will be worked out with the developer.  The WPCA has not given an indication on what direction the sewer will go.  The developer will be reimbursed $1,598,680  no facility connection charge 220 units x 499.4 (fixed fee per regulation) = $1,098,000 plus $100K annual payment for five years via benefit assessment or taxation.  

The estimates to this project by the Town were discussed as were highway work versus private land work.  The unique clause regarding the on site pump station being the developer’s responsibility, not the towns, was discussed.  (Page 5, last paragraph of Section 8).  The cost to the Town to do the project would be at least a couple hundred thousand over the developer’s estimate and could cost the town over $2 million.   It was unknown if Rice and Rolocut Roads would connect to a line put in.   

This sewer line is a high priority for on the Plan of Conservation and Development and it is a different way for the Town to get the project done without fronting the money.  There is a time limit until October 1, 2007, the Town reserves the right to withdraw.  The Board of Selectmen want this proposal to go before related Town agencies for review and comment, prior to the Selectmen taking action.  Those boards/commissions should be:  Board of Finance, PZC, Conservation Commission, EDC, Chamber of Commerce, North Central Health District, Town Engineer.  Then there will be a public hearing and a town meeting in mid-November.  It was suggested that a representative of the WPCA be available at these meetings.  

Attorney Joseph Caposella representing the Chapmans, who were also introduced, came before the Board of Selectmen to also recap the history of this project and the Chapman’s other successful projects using this financial scenario where the developer’s money moves projects along and gets things done.  He and his clients understand the process of local government, and while would like to move the project along, they understand the time frame.   He also distributed a letter from the Town of Vernon regarding the positive effect of the bridge built with developer funds.

The WPCA as an autonomous group and whether a Town Meeting and vote was required have been and continue to be discussed with the Town Attorney.  This is a controversial project, so it will go for a public meeting.

MOTION: To forward the recommendation of the WPCA to the Board of Finance, PZC, Conservation Commission, EDC, Chamber of Commerce, North Central Health District, Town Engineer for review and comment asking for a response in writing to the Board of Selectmen by October 25, 2005
        Made by Mr. Crouch, seconded by Mr. Regina
ALL MEMBERS IN FAVOR.  MOTION CARRIED.
                
On November 1 the Board of Selectmen will address those comments and set a public hearing and town meeting.

**Stay out of Order  New Business, Item G.

REQUEST TO ASSIGN MUNICIPAL TAX LIEN

Attorney Tom Fahey, Rob Oris and Eric Spungin came before the Board and presented maps and site plans for the location.  The outlined the history of 15 years unpaid tax bills and their proposal to pay the tax lien and foreclose on the property through the State.  The court system makes every attempt to notify the potential owner and publications are required as well.  The Board of Selectmen role is to assign them the debt. Timeframe, best case scenario, three months.   The benefit to the Town is this property gets back on the tax role.  The concept of a Resolution versus an ordinance was discussed in depth.  The Board did not want to set a precedent but wants the ability to determine this on a case by case basis.  

MOTION: To request the Town Attorney draft a Resolution providing the Board of Selectmen with authority to go ahead with this proposal to sell a tax lien
                Made by Mr. Regina, seconded by Mr. Balf.
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

***STAY OUT OF ORDER TO UNFINISHED BUSINESS, ITEM C

ETHICS ORDINANCE

Dale Nelson came before the Commission and outlined the changes made by the Ethics Commission.  The penalty portion needs to go before the Town Attorney for review so it is clear who has the authority to impose penalties.

MOTION: To table this issue until a response is received from the Town Attorney
                Made by Mr. Crouch, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

**STAY OUT OF ORDER TO NEW BUSINESS, ITEM A.

ETHICS COMMISSION DECISION REGARDING THOMAS SINSIGALLO

Ms. Nelson distributed Attorney Goodman’s letter dated August 15, 2005.

**STAY OUT OF ORDER UNFINISHED BUSINESS, ITEM D

TAX RELIEF FOR THE ELDERLY

Elizabeth Burns and Carol Madore came before the Board and discussed the 9/15 public forum and the various questions and concerns raised, all of which are outlined in the forum minutes which were distributed to the Board.   Pursuant to Connecticut General Statutes a 5 member board needs to investigate this option and report back within 60 days.  It was felt the Elderly Commission members, who have been working with this idea, serve on this committee.  

MOTION:~        To appoint the five (5) current members of the Elderly Commission to a Local Tax Relief for the Elderly Committee for a 60 day term.
~~~ ~~~ ~~~ Made by Mr. Crouch, seconded by Mr. Regina
~~ALL MEMBERS IN FAVOR.~ MOTION CARRIED

The Committee will present its report to the Selectmen at the November 15 meeting.



MOTION: To return to agenda order
                Made by Mr. Crouch, seconded by Mr. Regina
ALL MEMBERS IN FAVOR. MOTION CARRIED

IX.     UNFINISHED BUSINESS                

A.      Proposed Scenic Road Ordinance

MOTION: To table to the next meeting, at which time a decision will be rendered
                Made by Mr. Regina, seconded by Mr. Crouch
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

B.      Natural Resource Preservation Committee, Resolution to authorize Issuance of Bonds (Discussion only)

The Board of Finance did not act on this.  The consensus was to remove this from the agenda unless further action is requested.

C.      Ethics Ordinance – addressed above – out of order
D.      Tax Relief for the Elderly – addressed above – out of order
Appoint Committee/re: State Statute #12-129n

X.      NEW BUSINESS            

A.      Ethics Commission Decision RE:  Thomas Sinsigallo – addressed above – out of order
B.      Approval of Local Bridge Program, Wapping Road over Ketchbrook

MOTION: To forward the following Resolution to Town meeting, date to be determined by the First Selectman:
Be it resolved that Linda Roberts, First Selectmen of the Town of East Windsor is authorized to sign the agreement, “PROJECT GRANT AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE TOWN OF EAST WINDSOR UNDER THE LOCAL BRIDGET PROGRAM for Wapping Road over Ketch Brook, Bridge No. 04501.”
                Made by Mr. Crouch, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

C.      Hurricane Katrina Disaster Relief

Ms. Roberts discussed the information relayed to Connecticut residents.

D.      Connecticut Coalition for Justice in Education Funding (Request for participation)

By consensus no participation.



E.      CCM’s State Legislative Program (Request for suggestions)

No suggestions were given.

F.      Proposed Developers Agreement (Town of East Windsor/Chapman) – addressed above, out of order


G.      Request to assign Municipal Tax Lien – addressed above, out of order.

H.      The Reminder RE: Town Newsletter

The Reminder doing the monthly news letter was discussed.  The Reminder asked for authority to get advertising.  It was the consensus to allow the Reminder to get advertising, asking them to remember this is a family newsletter and it is expected that appropriate advertising will be sought.

I.      Tax Refunds
MOTION: To approve the tax refunds in the amount of $1,123.16 as recommended by the Tax Collector.
Made by Mr. Crouch, seconded by Mr. Balf

ALL MEMBERS IN FAVOR.  MOTION CARRIED


     XI.      ADJOURNMENT

MOTION: To adjourn at 9:40 p.m.
                Made by Mr. Regina, seconded by Mr. Balf
ALL MEMBERS IN FAVOR.  MOTION CARRIED.


Respectfully submitted

Cynthia D. Croxford
Recording Secretary