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June 19, 2007 Minutes
TOWN OF EAST WINDSOR
BOARD OF SELECTMEN MINUTES
JUNE 19, 2007
                                        
I.      TIME AND PLACE OF MEETING

Mr. Filipone called the meeting to order on Tuesday, June 19, 2007 at 7:30 p.m. at the East Windsor Town Hall

II.     ATTENDANCE

Edward Filipone, First Selectman  
Kenneth Crouch, Deputy First Selectman
Thomas Sinsigallo, Selectman  
Gil Hayes, Selectman
Mark Simmons, Selectman

III.    ADDED AGENDA ITEMS

MOTION: To add the following agenda item:  New Business, Item D.  Registrars Raise.
                Made by Mr. Hayes, seconded by Mr. Sinsigallo
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

IV.     PREVIOUS MINUTES

A.      Special Meeting Minutes of June 7, 2007

MOTION: To accept the Special Meeting Minutes of June 7, 2007, as submitted.
                Made by Mr. Sinsigallo, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

V.      PUBLIC PARTICIPATION

Bill Loos, Melrose Road – Mr. Loos inquired two months ago when the Ethics Ordinance would be distributed to town employees and signed for.   He indicated he has ethics problems with people in town and he wants them to sign that they received the Ethics Ordinance before he brings a complaint.  He did not understand why it is taking so long.  Mr. Filipone indicated he is working on it, he had no target date, but subsequently indicated it would be done by the end of July.

Bonnie Yosky, Yosky Road – Mrs. Yosky commented on the election and the people complaining that the budget passed or the budget did not pass – 1100 people voted and all the organizations are upset.  The town needs to concentrate on getting people out to vote. The seniors get a bad wrap because they defeated the budget – well they exercised their right to vote.  CREW distributed 1500 flyers – at least 1500 people cannot say they did not know.  The voting is open for twelve hours – the town needs to improve the turn out.  

She also requested that the Board of Selectmen get a microphone for their meetings as it is very difficult to hear and it appears the Board members are hiding something.   Mr. Filipone indicated if he is here next year, he will have an insert in the paper with facts about the budget.  He also indicated the sound system for the Board of Selectmen is being looked in to.

VI.     COMMUNICATIONS
A.      WPCA/Sewer Service Area Map (map is available in the First Selectman’s Office for review)             

The Board had a brief discussion regarding the above item, including input from resident, Bill Loos, who has been in attendance at meetings for this project.  The maps are changed from 1991, property has been added to the Sewer Service area – as it currently does not conform to the state sewer service areas.  It is the intent to go to the DEP with these revised maps and ask if that agency agrees with the Town maps.  The maps will be presented at a public hearing and adopted if the DEP agrees.

VII.    SELECTMEN’S REPORTS

A.      Edward Filipone, First Selectman

·       As evidenced by the meeting between the Veterans Commission and the Cemetery Association prior to the BOS, he is working on improving communications between groups.
·       Budget – the last Board of Finance for the budget year is to take place on Wednesday – as of June 14 the balance is shown as $527,2698.60 – that does not account for year end expenditures.   He will have the final report at the next meeting.  In the future the BOS will get a report on the balance once a month so the Board is aware of where the budget is.
·       Regarding Millbrook Condos and the work there by the EPA, DEP and Hamilton – the government was in contact with Mr. Filipone.  There is a bond hearing on June 29 for $3.2 million approval toward site remediation – this does not include the contribution by Hamilton.  They will have a plan for remediation and copy the Town.  Within a month there will be a public information meeting to explain the plan, obtain public input, followed by possible revisions to the plan and then the remediation plan will be finalized.  The next step will be the bid process.  This site remediation could take up to two to three years to complete.  It will be good for Broad Brook and the Town for this site to get cleaned up.  The State oversees the clean up and the Federal EPA has the final review of the project.

B.      Kenneth Crouch, Deputy First Selectman

·       VETERANS COMISSION:  There were concerns regarding the flags in the Town Cemeteries.  The Veterans Commission is working with the Cemetery Association to come up with something reasonable that has a positive result.


C.      Thomas Sinsigallo, Selectman
POLICE COMMISSION:  They have appointed a liaison (Ed Filipone) for the Broad Brook substation to determine the cost factor.  They do not need to request money from the Board of Finance – as stated in a letter the Selectmen have in their packet this evening. That correspondence had been forwarded to the Board of Finance.

D.      Gilbert Hayes, Selectman

The original request for monies for the championship basketball rings was $2800 – they are currently short $49, but there is still one pledge to collect – so they will be over the amount needed and so they will not have to bother the Town for the funds.

E.      Mark Simmons, Selectman

PLANNING AND ZONING – The bulk of the meeting was discussion regarding activity on the West Side of Wapping Road, and concerns related to that proposed activity.  There will be one more public hearing on that issue.

PARK AND RECREATION – There is a problem with the ticket booth as it was hit by a car.   Also, there have been issues with the reservoir water tests and the Commission has asked to be on the next BOS agenda as it is possible the farming activities and the heavy rains have effected the water.  The Commission would like to discussion how the lease for the Town land used for farming is worded to see if the wording regarding how the land is tilled could be included to avoid problems with the reservoir water in the future.

VIII.   BOARD AND COMMISSION RESIGNATIONS & APPOINTMENTS

A.      Resignation:

B.      Re-Appointment:
Conservation Commission, 4-yr. terms to expire 7/1/2011
·       Rene Thibodeau (U), verbal

MOTION: To reappoint Rene Thibodeau to the Conservation Commission for a four year term to expire 7/1/2001.
                Made by Mr. Sinsigallo, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

·       Michael Ceppetelli (D), verbal

MOTION: To reappoint Michael Ceppetelli to the Conservation Commission for a four year term to expire 7/1/2001.
                Made by Mr. Sinsigallo, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

C.      New Appointments, Applications to be considered:

D.      Vacancies:      Attachment


IX.     UNFINISHED BUSINESS

A.      Adult Day Care Transportation

Elizabeth Burns came before the Board and provided a packet of detailed information on the Elderly Commissions pursuit of their charge to follow up on the inquiry regarding Adult Day Care Transportation.    Ms. Burns gave details as to exactly what the Elderly Commission did by way of interviews, research, meetings and a survey between October, 2006 and March, 2007 – all of which was specifically outlined in the back up materials.   The conclusion was that (1) it would be a very costly service and (2) there is a lack of interest from the public in providing this service, as proven by the minimal response to a survey distributed throughout the senior community.  More specifically two surveys were returned - both from family members of those currently providing their own transportation to adult day care facilities.  

B.      Broad Brook Police Sub Station

Mr. Filipone is contacting the current owner of Elaine’s a possible location for a substation.  The Police Department is in favor of the substation, but there are no funds budgeted for it.  The cost is $4,000-5,000, not including rent, which is potentially $900/month.  This idea is in the initial stages and Mr. Filipone will report the information as it becomes available at future meetings.

C.      Ordinance Regulating “The Use of Recreational Vehicles”

Ms. Yosky came before the Board briefly regarding the minor changes to the Ordinance.  The Chief of Police has not seen the latest version of the Ordinance. The Board requested that the Chief of Police review this Ordinance before they take any action.  It will be discussed at the next meeting, after Ms. Yosky is able to meet with Chief DeMarco.

D.      Police Commission re: Previous Request

This request is rescinded, as outlined in the memo of Richard Sherman, Chairman of the Police Commission dated June 14.

E.      *Scott Thomas re: Request to pass Ordinance to permit a property tax exemption for Photovoltaic Solar Electric Systems on Private Homes

X.      NEW BUSINESS
A.      Proposed Fines Ordinance

Lori Whitten, Director of Planning and Development, came before the Board with a very specific packet of materials regarding fines for zoning violations.  Ms. Whitten went through the current process, as outlined by statute, and end stage of cease and desist, but if there is no court involvement, the town has no further recourse.  The idea she is presenting tonight, sets for a new procedure, including the Board of Selectmen appointment of a Hearing Examiner (who may or may not be paid) which provides for an in-house setting to hear zoning violations and, if necessary, levy fines.  The violations could include illegal signs, illegal use, any host of zoning violations that need enforcement.

Ms. Whitten went through the practices of working with taxpayers and the reasonable course of action taken to enforce zoning.  The goal is compliance not to harass taxpayers or make revenue through fines.   The flow charts provided showed the chronology of events and various recourses taken before a hearing before the Town Hearing Examiner – as well as the trail of actions taken after the Hearing Examiner has heard the case. The violator is given a lot of time, as well as many avenues of recourse, including ZBA, to be compliant.  This has been done in Berlin and Monroe and many towns are considering implementing this as well.  

Ms. Whitten also outlined that in the statute there are personal penalty provisions for a zoning enforcement officer who is doing selective zoning,  to deter any zoning enforcement officer from getting out of control.  Ms. Whitten and her colleagues have never heard of these statutes ever being enacted, to show that zoning enforcement officials are not over zealous.     Mr. Filipone outlined the idea of the ZEO presenting its case to the Board, who would then opt to go to the Hearing Examiner, thereby taking the heat off the ZEO – a sort of review before enforcement and possible fine.  

If the Town takes a violator to court, and the Town wins the case, the violator is responsible to reimburse the Town for some of its legal expense.

MOTION: To send the Proposed Citation Ordinance for Zoning Enforcement to the Town Attorney for review and comment.
                Made by Mr. Crouch, seconded by Mr. Sinsigallo
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

B.      Request for Funds Transfer
·       Town Treasurer

Mr. Filipone explained Ms. Szabo’s letter of June 8, 2007, detailing the error in 2003, in timing by a police officer in a request for reimbursement for a local law enforcement block grant.  It was noted that in fiscal 2003 the P.D. returned $24,855 to the General Fund.

MOTION: To recommend to the Board of Finance the requested transfer of $5,640 from General Fund Balance to the Grants Fund #66 (Police Officers Bullet Proof Vest) due to a missed deadline.
                Made by Mr. Sinsigallo, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

C.      Tax Refunds

MOTION: To approve the tax refunds in the amount of $320.26 as recommended by the Tax Collector.
Made by Mr. Sinsigallo, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED

D.      Registrars Raise

The previous motions made regarding raises were outlined on a chart that did not include the registrars, which is why it was not done previously.   Mr. Filipone mention that Mr. Sinsigallo might refrain from commenting on this item, as it could be perceived as a conflict of interest. Mr. Sinsigallo stated he was talking on Ms. Rajala’s behalf. She has dedicated 34 years as a Registrar.   They get no vacation time, no sick time and no pension – they make $13/$14 an hour.  He felt they should be in line with everyone else.  It was asked if there was any money in the salary line to give – Mr. Filipone indicated no. The hours worked and the type of work of the Registrar was discussed and it was agreed they should receive the 3.25% increase.  

MOTION: That the Registrar Voters be awarded a 3.25% raise for year 2007-2008 to be consistent with other raises for town employees.
                Made by Mr. Hayes, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.


XI.     ADJOURNMENT

MOTION: To adjourn at 8:40 p.m.
                Made by Mr. Sinsigallo, seconded by Mr. Simmons.
ALL MEMBERS IN FAVOR.  MOTION CARRIED.


Respectfully submitted,


Cynthia D. Croxford
*Starred items will not be discussed, but will remain on agenda pending receipt of additional information