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July 15, 2008 Meeting Minutes
Minutes July 15, 2008

Tuesday, July 15, 2008 at the East Windsor Town Hall Immediately following Town Meeting which begins at 7:30 p.m.
Ms. Menard called the meeting to order after the town meeting at 7:42 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT

Denise Menard, First Selectman
Dale Nelson, Selectman
Mark Simmons, Selectman

Unable to attend (scheduled): Gilbert Hayes, Deputy First Selectman; Edward Farrell, Selectmen


             A.  Approval of Regular Meeting Minutes June 17, 2008

MOTION: To approve the regular meeting minutes of June 17, 2008 as corrected
Page Two, Selectmen Report, Item B. correct what is referred to as Peace Park to the correct name “Pierce Park”
Made by Nelson,  Seconded by Mr. Simmons

             B. Approval of Special Meeting Minutes
                1.  June 19, 2008

MOTION: To approve the special meeting minutes of June 24, 2008 – with date correction as meeting held on June 24, not June 19, as submitted -
Made by Mr. Simmons, Seconded by Ms. Menard
VOTE:  In Favor:  Menard, Simmons
ABSTAINED:  Nelson  

                2.  June 30, 2008
MOTION: To approve the special meeting minutes of June 30, 2008 as submitted
Made by Nelson, Seconded by Simmons


Dan Cahill, 1 Juniper Court, Broad Brook
He spoke regarding the letter received from the town attorney and he inquired if any clarification was received from him on this letter.  Ms. Menard stated not yet as he has been on vacation.  Mr. Cahill felt the Town acted  rather hastily on this – letter dated 30th and voted on the 30th, without clarification?
Ms. Menard stated she spoke at length in  her office with Mr. Cahill on this issue.  
He wants clarification – in order for to happen have to be defeat of town budget has created a vacuum.  You had a mechanism in effect for the budget – did not have to take the action.  This is not something the Town was forced into – it was what they decided to do.  Ms. Menard stated she does not have to respond at this point in the meeting but she is for clarification– as she stated in her office, once they know they are doing something wrong, and have a legal opinion to do it right away.  Having more than two referendums – charter said two referendums and any more than that are not called for in the charter – there is a legal mechanism in charter what to do after that point.  And this was not done hastily or arbitrarily
Mr. Cahill begs to differ.  Ms. Menard stated she gave him the courtesy of answering question, does not want to get into a debate – when she spoke with him for a half hour – he stated it was five minutes.

Marie, Desousa, Rice Road (Acting Chair, Board of Finance)
On the night of June 30 she asked moderator present in town hall in Broad Brook if he had set new date for next referendum on 8th of July.  When asked if accurate, he said yes, at that point asked him – board of finance was going to need more time than just a few days – so eight days away, gives three days to actively do something – end result of questioning was has been done.  She then went to registrar voters to inquire what gives moderate authority to set date – when charter states language as to 14 days.  That is when she went to Board to get legal opinion.  Since that time the Board met everyone was given the legal opinion, the majority of board passed budget and moved to Board of Selectmen, therefore mill rate set.  In a letter she received from Mr. Manette and Mr. Little questioning that action.  Ms. Desousa responded the next day and received another letter on the 10th that they were not satisfied.  At that point thru documentation to First Selectmen a legal opinion was requested.  Received letter that we have court case and attorney would address specific question when he returns from vacation on the 16th – hope to hear something tomorrow before the Board of Finance meeting.  Ms. DeSousa believes action by the Boards was appropriate action based on lack of information from moderator and registrar voter – felt did what had to do.
She further stated that she came to Charter Revision on Thursday night – expected packed house based on information produced by Journal Inquirer blog and HH blog and letters – and three people were  there – thought for sure opportunity that if move to make change to charter – encourage anyone problem with charter to attend charter revision meetings and offer suggestions during public input section of meeting.  

CLIFF NELSON, 51 Omeilia Road
He commends the Board of Selectmen and Board of Finance for taking a stand on and doing the proper thing per the Attorney by setting the mill rate and going forth with the town budget.  As far as all the rumors in blogs that you don’t care about no voters everyone seems that he read last budget still cut another $100k+ and so it was not like the No Vote were ignored.  He can say as Chairman of building committee, its about time there is a little bit of money to do something to maintain and upkeep buildings – not like last ten years or so that is go as it is and bare bones – buildings are falling apart.  He applauded the Board of Selectmen and Board of Finance for doing what they did.

VII.    COMMUNICTIONS – For the Boards’ information
          A.  Connecticut Labor Force Data/May 2008
          B.  Windsor’s 375th Anniversary Parade Invitation
          C.  Correspondence
           D.  Correspondence re: 2008-2009 Annual Budget

         A.  Denise Menard, First Selectman

She recently met with the YMCA as they presented the Board with printed materials regarding a proposed Facility to be built in Ellington and asking East Windsor to partner with them.  She detailed from the materials received where it is located on Pinney Road.  

She also met with Connecticut Water Company for advisory council to the CWC if any issues want to know about them.  She mentioned roads that were challenged after construction done and she asked them to drive down the roads and then come talk with her and Len Norton regarding the issues.  It was discussed that some of subcontractors and that it cannot be town monies repairing road and they  need to be the ones to fix it.  
Hayes No report

Tonight she went to the Mansions at the Canyon (Rt 140) they are beautiful and they are rented as fast as they are built.  They are awesome – 10% are handicap accessible – brining in good healthy tax dollars.

She did research for consistently comparing our community with like communities. She has a list of towns – area towns close to size or often compared to and communities that have economics and population and school size about the same. What she is hoping for that rather than finding every organization finding communities that they want – they can go to a standard list of similar communities and gather information uniformly and be consistent in what compared to.  

Was not going to say anything about the budget, since gentleman here that still has questions maybe need to say.  In an effort to clarify what decided at June 30 meeting Ms. Menard read her comments regarding this issue which were previously posted on the Blog.

          B.  Gilbert Hayes, Deputy First Selectman - No report
         C.  Edward P. Farrell, Selectman – No report
         D.  Dale Nelson, Selectman
        Ms. Nelson thanked Ms. Menard for her comments regarding the Budget issues addressed in tonight’s public participation.
·       In land Wetlands – Discussed Mill Project progress
·       Police commission 7/9 – Issue regarding traffic authority on Norton Road, looking to run radar and watch trucks.  Rotary touch a truck – Liberty Mutual ID kits for children, looking to do something with P.D. to get kids ID’d as cannot do it on their own due to lack of funds.
·       Building Committee – in process renovating boiler at high school – going well – will be ready when kids start school – so far on the mark for the budget
o       Ms. Menard added that the Building Committee charge contains every September bring to town plan for keeping up buildings and maintenance issues.  That Committee did not remember that is their charge – this September they will be coming to Board with renovations listing – so the CIP can speak to urgent issues that day to day use show where there are issues.  Also there has been quite a push to clean the annex and a lot of space to be cleaned out.  There are eleven buildings that fall under the building committee. They are also looking at handicap accessibility issues at town buildings and research for grant money for that endeavor.

          E.  Mark Simmons, Selectman
·       He echoed Ms. Nelson’s comment, thanked Ms. Menard for her remarks on the budget issues.
·       BMX committee they are full tilt into fund raising – there is a July 26 event at the Golden Gavel with BMX group – one of many fundraisers.  

·       Park and Recreation – Summer staff doing well – grounds keeper mentioned maintenance woes; problem after hours swimming and asked the contact Chief to drive by after hours – there is jumping off the slide,  usually nights of softball games.  
·       Boundless playground excitement for that – grants could be received.
·       Veterans are off for summer – but he noted August 22 honor of WWII vets honor ceremony and they are spreading the word to make sure that all E.W WW II vets so they can be added and honored.

         A.    Resignations:  None

         B.  Re-Appointments:
        Building Committee
        Jim Borrup (D) as a full member for a 6-yr. term
        expiring 7/1/2014

MOTION: To reappoint Jim Borrup as a full members of the Building Committee for a six year term to expire 07/01/2014.
Made by Ms. Nelson,  seconded by Mr. Simmons

        Connecticut Water Advisory Council
        David J. Olender (U) as a representative for a 2-yr. term
        expiring 7/1/2010

MOTION: To reappoint David J. Olender as a representative for the Connecticut Water Advisory Council for a two year term to expire 07/01/2010
Made by Ms. Nelson, seconded by Mr. Simmons

          C.  New Appointments:  None

         D.  Board and Commission Current Vacancies (See Attached)

          A.    Warehouse Point Fire Department Request

Dean Saucier, Fire commissioner, Warehouse Point Fire Commission and James Barton, Jr., Chief of the Warehouse Point Fire Department came before the board.

Mr. Saucier stated that he gave a Power Point presentation previously seen by the board and for the sake of brevity he was not going to show that again, the Board concurred.  He has four additional slides to that presentation and presented them to the Board.  Mr. Saucier presented (1) Ratio Insurance Premium to Real Estate Value (Mt. Carmel, TN and East Windsor, CT; (2) Engine 238 Funding Options – he detailed the figures, including the additional $20K for new emissions which are now in place.   Mr. Saucier stated recently a student was stopped at a Fire School because her Self contained breathing apparatus (SCOT pack) was not sufficient.  She stated it was the only she had and they allowed her to go into the controlled environment but not pleased.  That is why new engine has six new apparatus for these breathing apparatus.  

Ms. Menard stated that she thought there was money in this year budget for replacement for the bottles only.  Ms. Menard wanted to know if these are outdated – why buying bottles for outdated.  It was stated these are1993 standard – 2002 and 2007 standard changes.  Chief indicated the town is way behind, both departments are behind.  They did try to put in for a grant, but will not know about that until this year – it is a lot of money – bottles are good for fifteen years,  which is why replaced five a year.  A Scot air pack is a big item – they have 35 just in WHP.  Ms. Nelson asked if they can that be put into the budget – like three or four a year.  There needs to be a minimum of six first year as that is for the men and the officers – carry on pumpers minimum of five people.  Chief Barton – can put them in the budget, but they never seem to stay there.  The Department has to make decisions to buy fuel for fire trucks or buy scot packs.  Again in the budget was for the bottles.  Included 1500 feet of five inch hose included as well – the last hose test it caught fire.  Finally looking an extrication tool as the extrication tools are also getting quite old – they have had changes, modifications to them as well.  The thought was it would probably make sense to improve the traditional equipment – additional $67,000.

It takes approximately one year for engine to be completed.  The final two new slides were pictures of the new truck.

Mr. Saucier explained the choice of Pierce truck including that American LaFrance out of bankruptcy; not a solid company.  Pierce is not the least expensive, but not most expensive.  Engine/cab looking at is essentially same as engine 138 – not top of the line that Pierce has.  Does have a lot of safety features which Mr. Saucier detailed.

Ms. Menard asked that they recap whole proposal as she was not at last meeting nor were all members of the public.  Chief Barton stated they are trying to replace their 1982 pumper – Class A, 750 gallons of water.  The Department has tried to put money away per research records to 1997 – It was due to be replaced in 2005, but due to the fact that no money put away it was never replaced.  The last straw was the fire in response to fire alarm at Connecticut Children’s Place – where truck caught on fire and caused damage. The truck is severely rotted, cabs rotted away – the Board has seen pictures.  This is the last leg, cannot keep going on.  It is not a closed cab, out of date, firefighters supposed to be a closed National Fire Protection Agency (NFPA) issues – several of which were detailed.

Chief also wanted to state they have three Class A pumpers – why do you have three?  There is a lot of industrial in WHP – first due (first on scene) is the attack piece. Many buildings in that area need two attack pumpers which lay line to fire, third pumper important to get hydrant pressure to trucks. Mutual aid used all the time.  WHP and BBFD run together to all emergencies.  Sometimes need four or five pumpers there – that is why there is mutual aid. That third pumper on hydrant is crucial.

ISO rating in district, but in Broad Brook is based upon three pumpers in WHP – for that reason it affects Broad Brook because in a lot of that areas they have no hydrants.  As discovered on Rye Street – it does not take long to go thru pumper water.  It does help with ISO ratings.   Each year insurance company does analysis.  Clearly 50% of ISO rating is based upon the pumper, what you have on the pumper, air packs and hose.  

Ms. Menard asked why WHP swears by Pierce and BB swears by Seagrave?  The Chief stated Seagrave did not satisfy needs as  BB and WHP have different needs.

Chief Barton again reiterated important information newest pumper 1998 Pierce; second pumper is 1990 Pierce, eighteen years old; and fleet is pretty old and starting to get into maintenance issues.  NFPA is talking about making life expectancy on fire apparatus twenty years.   Even though not a regulatory body the NFPA, they will make this recommendation.  Saucier in the event of (primarily) death of firefighter or civilian they will come in and make an evaluation – if NFPA says, not they were not compliant they have 26 year old pumper it could lead to the road of the lawsuit if not conformed to standard.   

Mr. Simmons asked if there is an insurance savings with updated equipment.  Mr. Saucier stated that out of 1 to 10 where1 is the best – they are at a 4.6 ISO rating.  

Emergency calls in 2002 - 362 emergency 2007 - 438 – so numbers are not going down – between two departments 800 to 1000 – could be car accident, structure fire, alarm.  Ms. Nelson asked if could be broken down how often the fire pumper goes out.  How many of those require three pumpers there.  Chief Barton – stating clearly this was a rough estimate – answered 250 to 300.  

He also detailed the estimates to repair Engine Two, indicating what fire damage was insurance claimed.  Could not give estimate of damage on what could not be seen.  He stated the Town should not bother putting money into this apparatus.   The chiefs recommendation is to buy a new truck and to get it ordered and to fix the wiring right now so can use the truck, only until the new pumper gets here.  He does not want it in service as it is dangerous – he is putting standard operating procedure that no one rides in it – just driver and one fireman and limited use. They do need third engine and mutual aid not always available – to get thru without having to lease an engine, which would be costly, he recommends fix the wiring and utilize a hydrant piece – paid for by insurance funds due to the fire.  Ms. Nelson was concerned about how dangerous is this if problem with brakes.  Chief indicated nothing wrong with breaking system – leaf springs are not brakes.  

The Department applied for vehicle grant – class A pumper and scot air pack grant for the town – both departments thru assistance of fire fighters grant – federal government.  That would take some of the $67,000 – but unknown when and if they will get the grant.  The grant process is done in rounds (first and second are out).  The Department asked for the whole amount and they got a letter from Larson’s office so they have to sit and wait.

Ms. Menard stated at this point the Board of Selectmen need to make recommendation for money to the Board of Finance if feel it’s appropriate.   She further stated this is a large item to swallow and have been pretty bruised by the budget process – on the other hand do not know what to do about a fire truck unless bring to next step to Board of Finance to say what options are three for funding – bonding or if in  CIP and she reiterated the CIP history of cuts.  

There is no hesitation that a 26 year old truck is out dated but need to figure out how to finance.  Chief Barton also made it clear the age of his other trucks as well in the aging fleet so the town is aware of the need for new equipment.

Ms. Nelson felt the Board would be remiss if they did not pass it on to the Board of Finance to investigate the bonding issues or other finance options .  There are safety issues here and in good conscious the Board of Selectmen have to send it to the BOF to review and see how to make the town healthier in this regard.  It is a big item and understood all budget season still haunting them.  For the WHP to ask at $650,000 at this point the timing is unfortunate.  

MOTION:  To recommend to the Board of Finance the request of the Warehouse Point Fire District for funding up to $641,000, for the purchase a new pumper referred to as Engine 238, part of which $67,000 is for additional equipment as discussed.
Made by Ms. Nelson, seconded by Mr. Simmons
DISCUSSION:  Ms. Menard asked if that was a sufficient motion to bring before the Board of Finance. She wants to make sure the motion is correct to bring to that Board.  The secretary read it to the Treasurer who stated it was up to the Board of Finance.

Ms. Menard indicated they will have to give their entire presentation to the board of finance.  Ms. Desousa indicated it is on the agenda for tomorrow night as a request potentially from the Board of Finance. Ms. DeSousa suggested presenting the packet tomorrow night and then the board can review it and present the department with its questions at the August meeting.

          B.    Petition for Proposed Ordinance/Cemetery

Ms. Menard indicated the items that were in the packet and advised the Board to hold onto the CCM information for the next meeting. Ms. Menard reiterated what the research has been done so far – as the budget has been at the forefront this item will be addressed in full at the next meeting.  Ms. Nelson asked if the Cemetery Association Ordinance is on line.  No it is not.  The cemetery rules are not on file with the Town Clerk.  The Board asked the Cemetery Association forward for the Cemetery Ordinance and the Cemeteries rules / guidelines to the Board before the August 19, 2008 meeting where this item will be discussed.
MOTION: To table this item to the August 19, 2008 Board of Selectmen meeting
Made by Mr. Simmons, seconded by Ms. Nelson

          C.    Set Guidelines for Fundraising for BMX and Dog Owners Park             

The treasurer provided the forms used previously for the playground.  Depositing funds is easy – the other side is the expenditure funds have to be related to fund raising initiative.  The expenditure side has to be approved by First Selectmen and Park and Recreation Director.  The first two fundraiser information is there, as well as the form they are to use.

MOTION: To set the BMX Committee, Dog Owner’s Park Fundraising Guidelines dated 7/11/08 for fundraising for the BMX Skate Park and Dog Park as presented.
Made by Ms. Nelson, seconded by Mr. Simmons

          D.    *American Heritage River/Proposed Program  

Ms. Menard met with the committee, DEP, CIRMA and the Town Planner where discussion took place regarding parameters use to work safely and not disturb habitat.  This idea is moving forward but is not yet complete.

        E.  *Discussion of Board/Commission Volunteer Recognition Program

This was presented at a previous Board meeting and Ms. Menard asked the Board to consider the items discussed for future discussion

        F.  *Discussion of Personnel Policies
Ms. Menard continues to research this issue and it will be addressed in the future.

        G.      *Park Hill – Payment in Lieu of Taxes

This will be on the next Board of Selectmen meeting agenda and individuals will appear to address the Board.  The town paid $19,000 sewer bill, equal to pilot in lieu of taxes piece.  Ms. Menard has been told that units are in need of repair and asked the Selectmen to drive through.  Ms. Nelson overviewed some of the ideas and schedule of repairs, as well as grant monies, that she remembers being discussed at Housing Authority meetings.  

        A.      Set Salaries

Ms. Menard Done annually at first meeting after budget meeting – the Board of Selectmen cancelled the July 1 – so everyone salary paid at 2007/2008 rate – until these set then will get retroactive payment.  Everything has been carefully checked by Treasurer and checked against actual budget recommendations.  

MOTION: To set the Tax office Clerks salary at $14.18 per hour for 2008/2009, as effective July 1, 2009 referenced in the Attachment dated July 10, 2008
Made by Ms. Nelson, seconded by Ms.  Menard
Vote in favor.  Nelson, Menard
Abstained Simmons

MOTION:   To set the remaining salaries for 2008/2009, as effective July 1, 2009 referenced in the Attachment dated July 10, 2008
Made by Mr. Simmons, seconded by Ms. Nelson

        B.  Request for an Added Appropriation/Board of Education

Ms. Menard read the July 11, 2008 letter of Tim Howes.  Electrical panel box behind boiler and need to get to panel and caused a $3500 over run on the project

MOTION: To  recommend to the Board of Finance an added appropriation of $3,500 to the Board of Education for the High School boiler replacement project for change order #1, to be transferred from the CNR Undesignated Account 1-08-55-1025-7-799 to the High School Boiler Replacement Account 1-42-55-9800-7-799-0222.
Made by Ms. Nelson, seconded by Mr. Simmons

          C.  Mary Szabo Retirement Letter Dated July 10, 2008

Letter dated July 10, 2008 regarding payout for Ms. Szabo and that no added appropriation is necessary as the payout has been budgeted.  This has been the historical practice at town hall. Budgeted under employee benefits Town Government. The money is budgeted so it does not have to go to the Board of Finance. Ms. Menard stated that they have not had a non-union employee retire – this will be precedent setting – so she cautioned the Board on this account.
Ms. Szabo stated she did not start accruing comp time until about a year ago.  This is only for one year comp time.  Sick time is for duration of employment.   Ms. Menard detailed that this is an area where the personnel policy would be crucial.  Ms. Szabo indicated that there are few that fall into this, the treasurer, tax collector, town clerk and assistant to first selectman.

MOTION, as amended:  In light of the absence of a personnel policy and procedure manual in place, as of this date, the Board of Selectmen approved the disbursement of the budgeted amount of $20,494.75 for accrued sick time, accrued vacation time and accrued compensation time as set forth in the Ms. Szabo’s July 10, 2008 correspondence.
Made by Mr. Simmons, seconded by Ms. Nelson
DISCUSSION:  Ms. Szabo made it clear that her comp time was accrued only for one  year and during budget time only.  The board understood that.  Ms. Szabo did state at a precedent has been set that there was pay out for compensation time and vacation time in the past.   Ms. Nelson wanted to clarify dollar amount – at this point it is $20,494.75 based on today’s date being July 31, 2008 – motion corrected to reflect.  Mr. Simmons complimented Ms. Szabo on her service to the town and in his brief tenure with the town thus far he has heard only great comments and the Town is sorry to hear she is leaving, but wishes her the best in her retirement.

        D.  Leukemia, Lymphoma & Myeloma Awareness Resolution

MOTION: To adopt the Resolution entitled “Town of East Windsor, Resolution Recognizing September as Leukemia, Lymphoma and Myeloma Awareness Month”
Made by Ms. Nelson, seconded by Mr. Simmons

MOTION:  To cancel the August 5, 2008 Regular Board of Selectmen
Made by Ms. Nelson, seconded by Mr. Simmons.

        Discussion:  Ms. Menard made it known that if there is any emergency or business to be addressed prior to the august 19 the meeting will be called to order.

        Pursuant to C.G.S. Section 1-200 (6) (a)
        Personnel Matters

MOTION:  To enter into  Executive Session pursuant to Connecticut General Statute Section 1-200(6)(a) at 9:36 p.m. to include the selectmen only.
Made by Mr. Simmons, seconded by Ms. Nelson.  

MOTION:   To come out of Executive Session at 9:45 p.m.
Made by Mr. Simmons, seconded by Ms. Nelson.  

No action taken during Executive Session.


MOTION: To adjourn at 9:46 p.m.
Made by Ms. Nelson, seconded by Mr. Simmons

Respectfully submitted,

Cynthia Croxford
Recording Secretary

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

Attachments are not available on the electronic verison of this document.  Attachments to these minutes were faxed to the Town Clerk for the file.