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12/18/2007 Meeting Minutes


Ms. Mendard called the meeting to order on Tuesday, December 18, 2007 at 7:30 p.m. at the East Windsor Town Hall


Denise Menard, First Selectman
Gilbert Hayes, Deputy First Selectman
Mark Simmons, Selectman
Edward Farrell, Selectman


MOTION: To add to New Business, Item H.  CRCOG Grant for Ortho Photography
                        Made by Mr. Simmons, seconded by Mr. Farrell


A.      Regular Meeting Minutes of November 20, 2007 [sic – agenda should state Regular meeting minutes of December 4, 2007]

MOTION: To accept the regular meeting minutes of December 4, 2007, as submitted.
                Made by Mr. Hayes, seconded by Mr. Simmons


VI.     COMMUNICATIONS – The following items were for the Board’s information

A.      Lorraine Devanney Correspondence Re: Withdrawal From PZC
B.      Christmas Tree Pick-Up Schedule
C.      CCM Seminar Packet


A.      Denise Menard, First Selectman

·       The CCM Seminar for the new selectmen and the packet of materials has been distributed.

B.      Gilbert Hayes, Deputy First Selectman – No Report
C.      Mark Simmons, Selectman – No Report
D.      Edward P. Farrell, Selectman
§       At the WPCA November meeting there were no new applications or approvals.  They will meet again at the end of January.


A.      Resignation:  
·       Edward Filipone (R), Building Committee

MOTION: To accept, with regret, the resignation of Edward Filipone from the Building Committee.
                Made by Mr. Simmons, seconded by Mr. Hayes

·       Elaine Stevens (D), Board of Assessment Appeals
MOTION: To accept, with regret, the resignation of Elaine Stevens from the Board of Assessment Appeals.
                Made by Mr. Hayes, seconded by Mr. Simmons

B.      Re-Appointment:
Veterans Commission, 4-yr. term to expire 1/1/2012
·       Ernie Teixeira (U)
·       Mark Simmons (R)
·       George Butenkoff (R)
MOTION: To reappoint the following members to the Veterans Commission for a four (4) year term to expire 01/01/2012:  Ernest Teixeira, Mark Simmons and George Butenkoff
                Made by Mr. Hayes, seconded by Mr. Farrell

GENERAL DISCUSSION:  It was mentioned that the townspeople and the Town Committees should be notified when terms are up for reappointment.  

C.      New Appointments:  
Joseph Sauerhoefer (D), Building Committee, 4-yr. vacancy to expire 8/1/2012

MOTION: To appoint Joseph Sauerhoefer to the Building Committee to fill a four (4) year vacancy to expire 08/01/2012.
                Made by Mr. Hayes, seconded by Mr. Simmons

D.      Vacancies:      Attachment


A.      Establish Charter Revision Commission

Ms. Menard indicated she received some good feedback regarding the potential Charter Revision.  Ms. Menard suggested the Board pull together these ideas when nominating the Commission and discuss priorities at that time.  She outlined Section 12-7 of the Charter and suggested the deadline to get back to the Board of Selectmen be no later than November, as the Charter states the suggested revisions need to be in the annual report and then the suggested revisions go to Town Meeting.   It was thought that a seven member Board would be a good number – such members to consist of 1 member of the Board of Selectmen, 1 member of the Board of Finance, 1 member from Public Safety, 1 member from a land use committee and three members at large.  Cliff Nelson, a member of former Revision Commissions, gave input from the audience and thought that would be a good mix of people.  

MOTION:  To establish a Charter Revision Commission consisting of seven (7) members to include representation of one each from the Board of Selectmen, Board of Finance, a public safety organization, a land use board and three (3) at large members.  The Commission will be charged with review of the East Windsor Charter last amended November, 1993.  Recommendations to amend or revise the Charter will be presented to the Board of Selectmen no later than the last regular meeting in October, 2008 (October 21, 2008) and acted upon as prescribed by Connecticut General Statutes.  
        Made by Mr. Farrell, seconded by Mr. Hayes

Discussion:  These members will be recruited through the Town Committees and press within the local paper.


B.      Appointment Replacement to the Board of Selectman

MOTION: To remove from the table of December 4, the appointment of Thomas J. Clynch to the Board of Selectmen.
                Made by Mr. Hayes, seconded by Mr. Farrell

MOTION: To appoint Thomas J. Clynch, III to the Board of Selectmen for a two year term to expire 11/17/2009.
                Made by Mr. Hayes, seconded by Ms. Menard

DISCUSSION:  Mr. Farrell indicated his concern and discomfort with the fact that there is a contract between the Town and the organization Mr. Clynch is employed by.  The fundamental purpose of the contract is to provide time and money from the Town and to be a free enterprise.  This is a current two year contract which is not slated to be up for renewal until June 16, 2009.  At the conclusion of the contract $750,000 will have been spent.  The contract requires renewal and it seems improper and lurks of wrongdoing.  If the Association agrees to an amendment that the contract receive no support from the Town then indeed it would be a sole source – but currently it looks as if the Town is the principal stock holder and that is too close.  He feels the board would be at risk to have Mr. Clynch as a member, it has nothing to do with personal merits, but he could not back such an application.   Mr. Simmons echoed similar sentiment and that it seemed to have a feel of an ethics conflict.  He felt that Mr. Farrell’s background and experience in contracts should weigh heavily and the Board should draw on that experience.  This is no reflection on Mr. Clynch, who Mr. Simmons felt would be capable and he is good in his current field, but it feels like an impropriety and the Board cannot have the appearance of impropriety.  Mr. Simmons felt there was an outstanding question of Mr. Clynch’s association with the Ambulance Association and his interest in being a Board member, and Mr. Simmons could not back this nomination. Mr. Hayes indicated he has known Mr. Clynch for a while and the Democratic Nominating Committee felt Mr. Clynch was an appropriate candidate and Mr. Hayes was of the mind to go with the way of the Nominating Committee and stick with Mr. Clynch’s bid for the Board.

VOTE:   In favor:  Hayes/Menard
                Opposed:  Simmons/Farrell


MOTION: To appoint Dale Nelson to the Board of Selectmen for a two year term to expire 11/17/2009.
                Made by Mr. Simmons, seconded by Mr. Farrell

Discussion:  Mr. Farrell outlined Ms. Nelson’s background with the Board of Finance as well as other Boards and Commissions.  He felt her finance board experience and her smart, open and honest character coupled with the fact that there is no conflict present would make Ms. Nelson  a good addition to the Board of Selectmen.   Mr. Simmons voiced sentiment that he is familiar with Ms. Nelson through work on the Police Commission where she was a supportive liaison between that Commission and the Board of Finance. Those were tough times and he echoed Mr. Farrell’s sentiment and felt that she would be a good addition to the Board of Selectmen.  Mr. Hayes outlined that he has also had positive experiences with Ms. Nelson and worked with her on various boards.  Also the nominating committee thought highly of her and she and Mr. Clynch were only separated by a few votes.  Mr. Hayes felt that this should to go the eleven electors to make the decision, it was too tough for the Board to make on its own.  The bigger picture should be looked at and let the process work itself out.  He reiterated that the nominating committee selected Mr. Clynch. He also expressed that it would be a loss to the Board of Finance to have Ms. Nelson removed from that Board as she is experienced on that Board.  Mr. Hayes said he is not saying no to Ms. Nelson, but no to the Board making the ultimate decision – it should rest with the 11 person vote.  Ms. Menard stated that this is a tough decision all around between Mr. Clynch and Ms. Nelson to fill this vacancy.  She stated that her campaign centered around communication, cooperation and compromise.  She felt that this was an appropriate arena to compromise with her Republican counterparts on the Board and go with the nomination of Ms. Nelson, who was close to a tie with the nominating committee with Mr. Clynch, all in the spirit of cooperation.

VOTE:   IN FAVOR:  Menard, Simmons, Farrell
                Abstained:  Hayes


At this point in the meeting Ms. Nelson joined the Board but she was not a voting member of the Board.

C.      *Board of Selectmen Board and Commission Assignments
D.      *Adult Day Care Transportation

A.      CIP 2008-2009 Recommendations

Ms. Menard discussed the CIP recommendations and the course of business to recommend it to the Board of Finance. Mr. Farrell contributed to the conversation that he had trouble recommending this document to the Board of Finance. If he was asked to approve it as it stands, he could not do so as it lacks data and there are things to be discussed by way of format.   Townspeople often state that this is the first item to get shot down for the budget and it therefore has not accomplished anything.  The Board discussed the documents intent to be a five year plan and how it is formatted. Mr. Farrell felt rather than a blanket recommendation, it should go to the Board of Finance with some comments and he was willing to draft a memo with those comments.

MOTION: To submit the CIP plan, as presented, to the Board of Finance, with a memorandum from the Board of Selectmen to follow.
                Made by Mr. Simmons, seconded by Mr. Farrell.

B.      BBFD Re:  Request of Transfer of Funds for Pick-up Truck

Members of the Broad Brook Fire Department came before the Board, including Chief Myers, Thomas Arcari and David Lockwood.  They indicated that the bid opening will result in the sale of the 1995 Darle Hummer Fire Pumper (a/k/a Hummer) for $50,000.  The Department is now interested in purchasing a pick up truck with utility body for $50,000 – this vehicle will replace two department vehicles, specifically the Hummer to be sold and the trade in of a 12 year old Army surplus refurbished truck as well.  The Board had back up containing quotes for the pick up truck with will replace the two existing vehicles and stated they are looking to get the funds right away and order the new pick up truck.  With this request to the Board of Finance, the CIP request for the replacement monies can be withdrawn.  

MOTION: To recommend to the Board of Finance purchase of a pick up utility truck for the Broad Brook Volunteer Fire Department not to exceed $50,000 received in the sale of the 1995 Darle Hummer Fire Pumper.
                Made by Mr. Hayes, seconded by Mr. Simmons

C.      Karen Boutin
·       Park Hill/PILOT Plan

Karen Boutin, Commissioner and Steve Knibloe, Director for Park Hill came before the Board of Selectmen.  Mr. Knibloe referred to paperwork previously provided which detailed the Payment in Lieu of Taxes program (hereinafter referred to as “PILOT Program”) which is used in lieu of taxes.  He distributed an aerial photograph of Park Hill which has been in business since 1970. He outlined the PILOT payments made per the corporate agreements according to Connecticut General Statutes Section 8-58.  He is looking for a reduction in the rate paid, if any rate paid at all.  Mr. Knibloe gave details as to the current residency at Park Hill and rent parameters.  There are 84 low income units.  He receives no local, state or federal assistance and the Town has limited involvement providing services to Park Hill.  They operate on rent, which is calculated based on 30% of the renter’s adjusted gross income, after deducted non reimbursed medical expenses. Mr. Knibloe stated for the PILOT program they pay the town, in lieu of taxes, 10% of the total income, less utilities – approximately $23,000 to $24,000.  In 2006 the payment was $22,680; in 2005 it was $22.514; in 2004 it was $22,500 and in 2003 it was $21,570.  Mr. Knibloe has indicated that utilities have gone up and the amount for rent has gone down.  He revisited the Connecticut General Statute 8-58 and it looks like Park Hill should not even have to pay the PILOT contract – as they are no commercial entity at all. They own their own water company, pay their own trash, and the town opens the roads for emergency vehicles and they receive police, fire and sewer services.  The 10%, according to the State of Connecticut Department of Housing, is the highest percentage paid.  The average in the state for the PILOT program is 5%.  They do not receive money from any outside subsidies. They are currently applying to the State for money for new roofing.  They are here today looking for an abatement from the PILOT program. Ms. Menard asked the Assessor, present in the audience, for some input as to assessments.  It was stated that they are not taxable entity, as they are not like another entity in town known as Spring Village.  Park Hill does not pay sewer use tax.  Mr. Knibloe again stated they are looking for a lower percentage or to do away entirely with the PILOT program.  The land earmarked for expansion was discussed.   The specifics regarding renters and the waiting list were discussed.  This appears to be a sophisticated issue which needs to be reviewed by the Town Attorney, the Town Treasurer, as well as assistance from CRCOG.   There is no Section 8 housing at Park Hill.  They have a connection to Mill Pond Apartments only for purposes of bond percentages.  Mr. Knibloe will get the Selectmen a copy of Park Hill’s audit.

MOTION: To table this item, Park Hill/PILOT Plan to a future meeting, pending further information.
                Made by Mr. Hayes, seconded by Mr. Farrell

·       Transportation for Disabled

Ms. Boutin led the discussion regarding the need for transportation for the disabled, who now also occupy units at Park Hill. The Town currently has no services for this group of individuals. Towns around East Windsor use Greater Hartford Transit or the Town supplies the transportation. The Senior Center vehicles cannot be used if you are under the age of 62.  It was stated that 30% of Park Hill disabled individuals are younger disabled and not meet the age requirement for Town of East Windsor Senior Transportation. The hurtles with directing the Senior Center to admit disabled under the age of 62 include the need for additional buses and drivers. This is not a unique circumstance to East Windsor.  The Hartford Greater Transit requirements for providing services locally were discussed, as well as initiatives to get Connecticut Transit to have a stop locally, which will enable more services from Hartford Greater Transit.  It was stated to Ms. Boutin and Mr. Knibloe that this is being investigated and Mr. Hayes will be attending a meeting in the near future addressing this issue specifically. He will be returning to the Board with more information at the next Selectmen’s meeting.

MOTION: To go out of agenda order to added agenda item, New Business, Item H. CRCOG Grant for Ortho Photography.
                Made by Mr. Hayes, seconded by Mr. Farrell

 Carol Madore, Assessor, came before the Board with a brief presentation regarding East Windsor taking part in a large proposal that sets grant money aside for IT initiatives.  She had been contacted recently by the IT Manager in South Windsor.   She provided the Board with a sample of ortho photography and detailed what layers of services it adds for the Towns plan with no cost.  It will run with the current process of the GIS system.  Ms. Madore read from the CRCOG Sample Support Resolution, OPM Regional Performance Incentive Program to the Board.  At this time, it does not appear that the Town will be asked at any point in the future to contribute finances to this program.

MOTION: To authorize the First Selectmen to sign the Certification: “I, Denise Menard, First Selectmen of the Town of East Windsor, do hereby certify that pursuant to Section 8 of Public Act 02-239 (An Act Concerning Responsible Growth) that there are no legal obstacles to the provision of service in the matter specified in the proposal submitted in response to the Regional Performance Incentive Program.
                Made by Mr. Farrell, seconded by Mr. Hayes

MOTION: To adopt the following Resolution:

“Now, Therefore Be It Resolved that the Town of East Windsor, Board of Selectmen, hereby endorse the referenced Regional Performance Incentive Program project proposal and authorizes the First Selectman, Denise Menard, to sign all necessary agreements and take all necessary actions to allow for the Town’s participation in this program.”

        Made by Mr. Hayes, seconded by Mr. Farrell

MOTION: To return to agenda order
                Made by Mr. Hayes, seconded by Mr. Simmons

D.      Discussion Action Re: Holiday Schedule for Town Offices

Ms. Menard noted that before a memo could go out to staff detailing the Selectmen’s vote to allow the offices to close on December 24, she received a phone call from the Police Chief outlining that this could result in a union problem and the closing would result in a grievance.  As a result no memo went out to the employees regarding closure, and word was spread that this holiday closing was not likely to happen.  Mr. Simmons commented that when this was being discussed at the last meeting, before a vote was taken, it was done with the understanding and intent that there be no union grievance or legal conflict, and at that time, union members of the audience were able to make assurances this would not be the case.  Based on those assurances and the general understanding that it would not create a union issue – the motion was made.  As this item of conflict has been brought to the Board’s attention, it makes sense to rescind the Motion.  Ms. Menard indicated that the offices will work with each other for use of personal time off on that date, so the offices are open and appropriately staffed.

MOTION: To rescind the Motion made at the December 4, 2007 meeting, as stated:  “To close Town Offices on December 24, 2007.”

VOTE:   In favor:  Menard, Hayes, Simmons.
                Opposed:  Farrell

Discussion:   Mr. Farrell felt that sometimes the Board makes mistakes and they have to live with it.


E.      Cancel January 1, 2008 Board of Selectmen’s Meeting

MOTION: To cancel the January 1, 2008 Board of Selectmen’s meeting.
                Made by Mr. Farrell, seconded by Mr. Simmons

F.      Approval of the Town Clerks appointments of Assistant Town Clerk’s and Assistant Registrars of Vital Statistics
·       Joanne M. Slater, 2-yr. term 1/1/08-12/31/09
·       Mary Higgins, 2-yr. term 1/1/08-12/31/09

MOTION: To approve for the two (2) year term of 01/01/08 through 12/31/09 the following appointments:  Joanne M. Slater, Assistant Town Clerk and Mary Higgins, Assistant Town Clerk pursuant to C.G.S. section 7-19 and Charter Section 6-10B; and Joanne M. Slater, Assistant Registrar of Vital Statistics and Mary Higgins, Assistant Registrar of Vital Statistics pursuant to C.G.S. Section 7-38 and Charter Section 6-10B – as recommended by the Town Clerk
                Made by Mr. Simmons, seconded by Mr. Hayes

G.      Authorize Tax Refunds

MOTION: To authorize the tax refunds in the amount of $2,633.03 as authorized by the Tax Collector.
                Made by Mr. Simmons, seconded by Mr. Hayes


MOTION: To adjourn at 9:25 p.m.
                        Made by Mr. Hayes, seconded by Mr. Simmons

Respectfully submitted,

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