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November 18, 2008 Meeting Minutes
TOWN OF EAST WINDSOR
BOARD OF SELECTMEN MINUTES
NOVEMBER 18, 2008



I.      TIME AND PLACE OF MEETING
Ms. Menard called the meeting to order on Tuesday, November 18, 2008 at 7:30 p.m. at the East Windsor  Town Hall, 11 Rye Street, Broad Brook

II.     ATTENDANCE
Denise Menard, First Selectman
Gilbert Hayes, Deputy First Selectman
Mark Simmons, Selectman
Dale Nelson, Selectman

Unable to attend:  Edward Farrell, Selectman (scheduled)

III.    ADDED AGENDA ITEMS - None

IV.     PREVIOUS MINUTES
A.      Approval of Regular Meeting Minutes of October 21, 2008

MOTION:  To approve the regular meeting minutes of October 21, 2008 as submitted. Made by Ms. Nelson, Seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED.  

V.      PUBLIC PARTICIPATION – None.

VI.     COMMUNICATIONS – The following were for the Board’s information:
          A.  Ambulance Association’s EMS Provider Activity Report
          B.  Correspondence from Superintendent Howes
          C.  Governor M. Jodi Rell Press Release

VII.     SELECTMEN’S REPORTS
          A.  Denise Menard, First Selectman

Ms. Menard distributed the information she received from CCM – including input regarding state mandate repeal suggestions.   The deadline is November 19th  it is being distributed to the Board of Finance at Wednesday’s meeting as well.

Two people went to CIRMA snow plow safety class.

Ms. Menard’s report was as follows – word for word (copied from document distributed at meeting with permission):
 
I have not been able to reach anyone from Ed Farrell’s family since we last met.  When I do, I’ll let you all know what I hear.

We have made significant progress in the Clerical Union contract negotiations; have not received a “next step” reply from the Police Union.

We’ve hired Robin Newton for the Assistant Planner/Zoning Enforcement Officer position.  She comes to us from Suffield where she worked in a similar capacity part time.  Please stop in if you have a chance and introduce yourself. A panel interviewed Treasurer/Finance Director candidates last week; we will be having second interviews with a couple of candidates later this week.  I’ll keep you informed of progress on that.  Discussion of this and the salary is on the Board of Finance’s agenda tomorrow night.  You all might want to attend.  Also, related to the Treasurer’s position, it has been suggested by a number of people that the Treasurer’s office should be in Town Hall.  In investigating possible ways of addressing that (without asking to add to the building), I approached Melissa Green about possibly switching spaces with the Treasurer’s office and spoke to Kim and Lynn about the same.  It looks feasible.  Tim Howes doesn’t see a problem with the idea.  I will be going to the Board of Education and the Parks and Recreation Commission to be sure neither of them have any problem with the change.  
 
The Shared Services Committee met yesterday about some new possibilities for sharing of services.  Once these ideas are more thoroughly investigated, I will share them with you all.  

As was requested by the Board of Selectmen, Town Seals have been distributed to everyone that has a Town vehicle that does not currently have Seals on it.  I’m not seeing them on everyone that received them.  I’ll check on the status at our next Senior Staff meeting.  

We received a new car from the Police Department for use by Town Hall staff.  We’ve discussed sharing of the vehicle by signing it out for the time needed.  It’s getting repaired, cleaned, Town Seals put on and should be on the road the beginning of next week.

Gil and I were invited to the CT Children’s Place for a meeting with a number of other folks to discuss ways that we and the CCP can get to know/understand each other better, share ideas of how we can help each other, etc.  They stressed that they have meeting space and other facilities (for example their gym) that we are welcome to use.  The next meeting will be in December, more to follow.

Met with Steve Ziegelmayer, our Underwriter with CIRMA last week.  He was not bringing the best of news . . . due to our claims experience in the past three years; he felt it was likely our liability, auto and property insurance premiums will go up next year.  We will be meeting again before any decisions are made and I have stressed that the new administration is working very hard to address areas of concern they might have.  I’ve invited them to our next Senior Staff meeting to meet everyone, make suggestions, and hear what we are doing to proactively make things better.  Again, more to follow.

Finally, Happy Anniversary to this great Board of Selectmen, it will be one year on Thursday that we were sworn into office.  Thank you for all being so wonderful to work with, what a great team . . . and Happy Thanksgiving.



          B.  Gilbert Hayes, Deputy First Selectman
Board of Education   the CAP score highlights were discussed.   The Honor Society advisor is looking for volunteer possibilities.  

Wetland Commissions  problem with enforcement of violations and it should be an agenda item to explore ways to resolve this ongoing issue.   Members are attending necessary seminars for training.  

        C.  Edward P. Farrell, Selectman – No report

          D.  Dale Nelson, Selectman

Public Safety has disbanded and the duties will fall to the a staff member from each agency with knowledge and experience in the communications realm. A representative from each will informally get together twice a year to look at repair issues and/or budget requests for communications.

ZBA  Water company does own right of way to Water Tower on Pond Street.  The  Director of Planning and Development (Ms. Whitten)  is involved with follow up items on this issue.

Building committee  working on data for CIP for this year’s budget.  

FYI  Mill Pond has community room that is theatre style and can be used as another community room.

Housing Authority  For future reference, there is a possible shared services item – every once in a while they have to lease a piece of heavy equipment – it was thought there might be a way for the town to reach out.  Ms. Menard detailed that the Director has been invited to attend a senior staff meeting – while he currently has a conflict he will attempt to attend a future meeting to voice items such as this.

Police Commission  Regarding Mahoney Road the Town has solicited to State to reduce the speed from 35 to 30.  They are doing more studies on more town roads due to issues with speeding.  

E.      Mark Simmons, Selectman

EDC  meeting canceled rescheduled for November 24.

PZC  no report

BMX Committee  Little Italy event was held and it was a very nice event.  They raised $1,000.

CIP  presentation from Webster Bank at last meeting and new ideas presented on how to approach capital improvement planning.   First set of presentations will be December 3.

Veterans Commission  Race Day was successful.  There were 228 runners from as far away as Massachusetts.  Another event they will take part in wreaths across America a12/13 at noon at the Veterans Cemetery.  

VIII.       BOARD AND COMMISSION RESIGNATIONS & APPOINTMENTS    
          A.   Resignations:     None

          B. Re-Appointments:
        Conservation Commission
        1.  John Malin (U) as a full member to fill a 4-yr. vacancy to
             expire 11/1/2012

              2.  Michael Sawka (D) as a full member to fill a 4-yr. vacancy to
             expire 11/1/2012

MOTION:  To reappoint John Malin and Michael Sawka as full members to the Conservation Commission for a four year vacancy to expire 11/01/2012
Made by Ms. Nelson, Seconded by Mr. Simmons
In favor:  Nelson/Simmons
Hayes – Abstain
Discussion:  The make up of this committee was discussed, including new members and veteran members.
 MOTION CARRIED.        

        BMX Committee
        For an 18-month term to expire 06/30/2010

When originally created this was a twelve month term, it has been extended as this Committee is active.  This was a consensus.

MOTION: To reappoint the current members, Chris Arre, Brenda Crockett, Patty Donohue, Barbara Fitzsimonds, Lori Gabriel, Laura Harney and Linda Ritter to the BMX Committee for an eighteen month term to expire 6/30/2010
Made by Mr. Hayes, Seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.  

          C. New Appointments:
        Planning & Zoning Commission
        One Regular vacancy for a term to expire 12/1/2012

The current members and their attendance at meetings and contributions were discussed.

MOTION: To appoint Jim Thurz to PZC as a full member to fill a vacancy – term to expire 12/1/2010
Made by Ms. Nelson, seconded by Mr. Hayes
Discussion:  only one position is open.  Mr. Simmons knows Dave Tyler in that he attends and brings something to the table and he is a good person to have – he has a lot of knowledge of pzc issues.  Mr. Simmons supports his bid.   
It was noted, Dave Tyler will still be an active member as an alternate.  

In favor:  Nelson, Hayes
Opposed:  Simmons
MOTION CARRIED

It was discussed that the Board could discuss the application of Travis O’Brien  to fill the vacancy created by Jim Thurz becoming a full member.   The party representation was discussed and deemed appropriate.

MOTION: To appoint Travis O’Brien to the PZC as an alternate to fill a vacancy 12/1/2012.
Made by Mr. Hayes, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

           D. Board and Commission Current Vacancies (See Attached)

IX.       UNFINISHED BUSINESS        
         A. *Charter Revision Update
         B. *Discussion of Board/Commission Volunteer Recognition Program
        
  X.     NEW BUSINESS   
        A.      Ron Masters-Volunteer Incentive Committee/Revised Proposal for the      Volunteer Incentive Plan

Ron Masters, Chairman of Volunteer Incentive, James Barton, Jr., Chief of WHPFD,  Marie DeSousa, Chairman Board of Finance and Dave Lockwood, BBFD came before the Board.

Mr. Masters provided that the Incentive Program is part of Selectman budget generated at request of Selectmen. Mr. Masters gave a copy of the current program which was revised in June, 2004.   Mr. Masters came before the board to discuss changes to the program – as detailed on a letter distributed to the Selectmen. The program has not changed since 2004.  If approved they would like to begin January, 1, 2009.  the first step is to see what board of Selectmen feel for this program and when it is passed it can be discussed how to incorporate the changes into the budget.  This program change does incorporate an increase.

The Finance Board recently fixed off cycle – as they were not on the fiscal calendar.  Mr. Masters explained there was an under run this year – but insufficient to make up and they needed monies for another quarter – the Board of Finance allocated $18,400 to allow the Incentive committee to come to a July to July fiscal year.  This brought them current.  

Ms. Nelson commented Officers put in a lot of time and the town is thankful – but the compensation for these gentleman is being doubled.  Mr. Masters indicated the stipend for officers has not changed since 2004.  

Ms. DeSousa contributed information that the onset of program running 9 to 11 month cycle and explained the issues of the past and how it was corrected by the Board of Finance last year.  Last year proposal to increase $ amount per call and officer compensation  during budget cycle it got reduced.  It is thought they deserve more- but to do this during January, mid-budget may not seem appropriate.  They are doing it the right way by coming to the Selectmen.

Ms. Menard concurs that to change a program mid-budget year cannot in good conscience suggest this be done.  But certainly in the parameters for next year’s budget it can be incorporated.   Mr. Masters indicated it is for next budget.  Ms. Menard again stated that she cannot see entertaining changing this budget item half way through.  Mr. Masters stated that the alternative $28,000 per call and $8,000 for officer pay – total of $36,000.  That is what the Incentive committee would like to do.  If possible to start on January 1, it would require half.  Ms. Menard reiterated she understood the request – but to go forward and request something that has already been reduced during the past budget process.  It is not an emergency request for monies.

The volunteer incentive would like it to request for January, 2009 – but understands if it has to be for next budget year. Ms. Menard indicated should be put forth for the upcoming budget year requests.  

Mr. Hayes contributed that an added appropriation is appropriate for an emergency situation.

Mr. Lockwood contributed that it is thought that his incentive, increased will have firefighters stay with this in a volunteer capacity – and not seek a second or third job for income, but remain as a volunteer as it is lucrative.   

Mr. Barton detailed the work of the officers and the work and training in accordance with NFP training – which explains the increase.  The current regulations make it tough.   The officers do not put in for their time in preparing for those drills – which can be up to four hours of preparation.  

Ms. Menard indicated the board understands how much work and the value of the volunteers – it is simply a case of coming in half year for a budget increase, for an item that was previously cut.

Mr. Masters asked if the board of Selectmen would look favorably on this request – for the upcoming budget.  Ms. Menard indicated it is going to hinge on future meetings, first starting tomorrow night with joint Finance and Selectmen meeting as the tough economic times as predicted by the State will have an impact on the town budget.  For Ms. Menard to tell the Incentive Committee a firm answer today – it is not possible – she has to be cautious in a yes or no answer until the budget process starts.   

MOTION: To go out of agenda order to New Business, Item G out of order
Made by Mr. Hayes seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

G.  Set Policy Regarding Excavation Permit Requirements/Repeal   Ordinance #01-01/Send to Town Meeting

Len Norton, Director of Public Works came before Board to discuss this item.  The biggest issue with current ordinance is that it allows the town to take only a $1500 cash bond – no provision to request additional monies and example of an issue where on inspection the Town did not feel the job was done to the towns standard and the contractor denied to fix it as it would cost more than the $1500 bond.  Also, the town needs to fix the issues and front the cost.  The only recourse other than keeping the bond is to not allow work in town again.  Mr. Norton explained that an insurance bond – you can call the insurance person and it effects the contractors ability to get a bond at all.  Mr. Norton explained how he got the details for the policy – from information obtained through research and reaching out to other communities. These changes will allow him to be more firm in making sure that the work is done appropriately. Also the oversight will be done by the Public Works department and not the Selectman’s office as it currently is.   Ms. Menard indicated after discussions with the town attorney – the town can repeal the ordinance at town meeting and instead set a town policy – which does not need town meeting action to enact future change.

It was the consensus of the board that the Director of Public Works set the policy as Excavation permit requirements dated November 18, 2008 attached hereto as Attachment A.

MOTION: To send to Town Meeting the repeal of Ordinance  #01-01 “Concerning Work within public right of ways”
Made by Mr. Hayes, seconded by Mr. Simmons
ALL MEMBERSIN FAVOR.  MOTION CARRIED.

Motion:  To return to regular agenda order.
Made by Ms. Nelson, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

        B.  Approval of Tax Refunds
MOTION: To approve the tax refund in the amount of $7,229.21 as  recommended by the tax collector.
Made by Ms. Nelson
Seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

        C.      2009 Meeting Schedule of the Board of Selectmen

It was a consensus that the Board of Selectmen meetings would remain the first and third Tuesday of every month at 7:30 p.m.

        D.  Discussion of Site for Future Elections

The election flowed well but it was disruptive to town business and there is not adequate parking at the Town Hall.  The Superintendent of Schools does not have a problem with entertaining the idea of holding the elections at a school – which is more accommodating to the volume of people.  It would not close schools an extra day – but the superintendent would use it for in school service days. He needs to know relatively soon so he can set the calendar.  It is the responsibility of the Board of Selectmen to provide a proper place to be held for elections.  The annex is equally as challenged as the Town Hall.  

The idea is to hold this at the High School and The Intermediate School for the local and presidential election.  It was felt this might not be necessary for votes such as referendums.   The board was amenable to Ms. Menard looking into the feasibility of this idea.  As such, she will discuss this possibility with the registrar of voters, as well as further with the superintendent of schools who can discuss it with the board of education. No action at this point.  

        E.  Discussion of upcoming Holiday Season
Ms. Menard has proposed to the town staff a holiday gathering on the 29th of December.  It is a fifth Monday so Board’s and Commission members can attend as well.  This event will be something where individuals pay for their meal and significant others will be invited to attend.  The board felt this was an initiative Ms. Menard could go forward with and provide future report.

        F.  Discussion of Park Hill Residents Issues
Concerns have been voiced from residents who are not comfortable going to the Director or the Board.   Ms. Menard expressed the idea that maybe the Board could empower liaison, Dale Nelson, as a contact person that residents can direct their concerns to.  A liaison from BOS could be helpful in presenting issues expressed.   The Board felt that Ms. Nelson was a fine choice for this initiative.  Ms. Nelson agreed to serve in this capacity and will keep the Board informed of any issues that may arise.

        G.  Set Policy Regarding Excavation Permit Requirements/Repeal   Ordinance #01-01/Send to Town Meeting – ADDRESSED OUT OF ORDER
***
Motion to take item 12A out of order
Made by Ms. Nelson, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR. MOTION CARRIED.
Executive Session Item A.
MOTION: To enter into Executive session at 8:55 p.m. to C.G.S. Section 1-200(6)(b) to include the Board of Selectmen and the Assessor
Made by Ms. Nelson, Seconded by Mr. Simmons.
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

MOTION: To come out of Executive Session at 9:24 p.m.
Made by Ms. Nelson, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.






ACTION:   
MOTION:  To approve the settlement agreement for C&M Warehouse Inc & CAR-MIL Realty LLC vs. Town of East Windsor  in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 160 Bridge Street, East Windsor by 33.93 %.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Mr. Hayes, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

MOTION:  To approve the settlement agreement for EZ Living Associates LLC vs. Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 90 Main Street, Broad Brook by 11.99%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Ms. Nelson, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Margaret B. Bass Trust Agreement & Walter E. Bass Trust Agreement vs. Board of Assessment Appeals of the Town of East Windsor, Town Clerk of East Windsor and Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 142-146 North Road, East Windsor  by 14.96%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Ms. Nelson, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Margaret B. Bass Trust Agreement & Walter E. Bass Trust Agreement vs. Board of Assessment Appeals of the Town of East Windsor, Town Clerk of East Windsor and Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 148 North Road, East Windsor  by 14.96%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Mr. Simmons, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Margaret B. Bass Trust Agreement & Walter E. Bass Trust Agreement vs. Board of Assessment Appeals of the Town of East Windsor, Town Clerk of East Windsor and Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 152 North Road, East Windsor  by 14.99%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Ms. Nelson, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Dean R & Linda M. Welti vs. Town of East Windsor and Town of East Windsor Board of Assessment Appeals in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 56 Norton Road, East Windsor  by 3.05%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Ms. Nelson, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Nilce Conti & Michelle Caponetto vs. Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 311 Scantic Road, East Windsor by 7.23%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Mr. Hayes, seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for  Thomas Delfino, William Delfino & Martin Stein vs. Town of East Windsor and Town of East Windsor Board of Assessment Appeals in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 6 Thompson Road, East Windsor  by 11.87%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Ms. Nelson, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED

MOTION:  To approve the settlement agreement for Thompson Road Associates vs. Town of East Windsor in accordance with the Town Assessor’s recommendation to reduce the fair market value of real property located at 21 Thompson Road, East Windsor  by 20.48%.  As agreed by the parties, the refund will be applied as a credit on the 2nd half installment of taxes to be paid on the Grand List of October 1, 2007.
Made by Mr. Simmons, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR.  MOTION CARRIED

        H.  Ct. Small Cities CDBG Program Income Resolution

Ms. Menard detailed that small cities block grant originally done – received money to rehab houses – gave loans and when they sold property repaid the loan.  Revolving fund – within parameters of this grant need to take money left and do something if want to apply for another grant or will be reduced grant.   Trying to look for money for longer term – bigger amount – rehab Prospect Hill Road sewer line, if needed, drainage, if needed and road.  Study of area to be done to make sure right number of people – grant pays for study, engineering of improvements and town has to do a little – but Len Norton doing some of planning that is town portion.  For the long term piece.  To use $130K in fund now – either reduce Prospect Hill piece or use money for something.  Ms. Menard has earmarked the money to complete ADA compliance things in all town buildings – doors at senior center, annex, town hall, signage compliance and, if possible, the Senior Center ramp.  They are putting it all in so whatever can get done will get done.   This was noticed in paper as required.

MOTION:  To adopt the Resolution entitled Town of East Windsor Resolution for the Use of Program Income as attached hereto as Attachment B.
Made by  Ms. Nelson, Seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

        I.  Emergency Management and Homeland Security Resolution

MOTION: To adopt the following Emergency Management and Homeland Security Resolution as attached hereto as Attachment C.
Made by Ms. Nelson, seconded by Mr. Hayes
ALL MEMBERS IN FAVOR. MOTION CARRIED.
 
        J.  Contracts Awarded
The contracts were awarded as follows:
                1.  Electrical Contractor – ECI a/k/a Electrical Contractors Inc.
                2.  HVAC Heating Contractor – awarded to Thermodynamics
                3.  Plumbing Contractor – awarded to Pipetrails                 

  XI.  BUDGET MATTERS
        A.  Annual Report Update – No action
        B.  Budget Discussion – No action

 XII.  EXECUTIVE SESSION
        A.      Pursuant to C.G.S. Section 1-200 (6) (b)
                To Include Town Assessor – ADDRESSED ABOVE OUT OF ORDER

        B.      Pursuant to C.G.S. Section 1-200 (6) (b)
MOTION: To enter into Executive session at 9:56 p.m. pursuant to C.G.S. Section 1-200(6)(b) to include the Board of Selectmen only
Made by Mr. Hayes, Seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

MOTION: To come out of Executive Session at 10:02 p.m.
Made by Ms. Nelson, Seconded by Mr. Simmons
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

  XIII.  ADJOURNMENT

MOTION: To adjourn at 10:11 p.m.
Made by Mr. Hayes, seconded by Ms. Nelson
ALL MEMBERS IN FAVOR.  MOTION CARRIED.

Respectfully submitted,

Cynthia D. Croxford
Recording Secretary
*Starred items will not be discussed, but will remain on agenda pending receipt of additional information.
Attachment A.  (New Business, Item G.)
Attachment B. (New Business, Item H.
Attachment C (New Business, Item I.)