Town of East Windsor, CT - February 17, 2009 Meeting Minutes

February 17, 2009 Meeting Minutes


	TOWN OF EAST WINDSOR BOARD OF SELECTMEN MINUTES FEBRUARY 17, 2009 I. TIME AND PLACE OF MEETING The Meeting was called to order at 8:17 p.m., Tuesday, February 17, 2009 at 7:30 p.m. at the East Windsor Town Hall immediately following Senator Gary LeBeau and State Representative Ted Graziani’s Discussion of the States Budget & Economy II. ATTENDANCE Denise Menard, First Selectman Gilbert Hayes, Deputy First Selectman Mark Simmons, Selectman Dale Nelson, Selectman Unable to attend: Edward Farrell (scheduled) III. ADDED AGENDA ITEMS - none IV. PREVIOUS MINUTES A. Approval of Regular Meeting Minutes of February 3, 2009 MOTION: To accept the minutes of February 3, 2009, with the following correction: Page 3, Boards and Commission Resignations and appointments, item C New Appointments, Water Pollution Control Authority appointment of Charles Riggott, was for an alternate position, not for a full member. Made by Mr. Simmons, seconded by Ms. Nelson ALL MEMBERS IN FAVOR. MOTION CARRIED. V. PUBLIC PARTICIPATION - none VI. COMMUNICATIONS – provided for the board’s information A. Connecticut Labor Force Data/December 2008 B. Municipal Tax Amnesty Memo C. East Windsor Public Schools Spelling Bee Thank you letter D. CCM Correspondence 1. Testimony before the 2009 General Assembly 2. Unfunded State Mandates\How to Spell Relief VII. SELECTMEN’S REPORTS – In an interest to save time, these were suspended to the next meeting, barring a brief report by Ms. Nelson A. Denise Menard, First Selectman B. Gilbert Hayes, Deputy First Selectman C. Edward P. Farrell, Selectman D. Dale Nelson, Selectman Building committee regarding the new boiler at high school – since September there has been a savings to date of about $40,000. E. Mark Simmons, Selectman VIII. BOARD AND COMMISSION RESIGNATIONS & APPOINTMENTS A. Resignations: none B. Re-Appointments: None C. New Appointments: Conservation Commission Alan Baker (D) as an alternate member to fill a vacancy to expire 1/1/2012 MOTION: To appoint Alan Baker as an alternate member to the Conservation Commission to fill a vacancy term to expire 1/1/2012 Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED. D. Board and Commission Current Vacancies (See Attached) IX. UNFINISHED BUSINESS - Ms. Menard updated the Board on the status * items A. Resident’s Request/Municipal Tax Amnesty B. Charter Revision Update C. WHPFD & BBFD Request for Funding D. DEP/Television & Computer Equipment Recycling Program X. NEW BUSINESS A. Brian Carpenter/Four Town Fair East Windsor Host Town East Windsor is a host town this year and Ms. Menard invited Brian Carpenter to come before the board to discuss what that entailed. Mr. Carpenter and Ms. Letelier came before the Board to detail that the Four Town fair is the oldest fair in Connecticut. It is 171 years old and it is the largest and the oldest state fair. They are at the board tonight as they are looking to get East Windsor residents to participate more than they have in the past. Two Board Directors from East Windsor are needed. Meetings are held the third Wednesday of each month. the meetings are held at the Annex at 7:30. You do not have to be a member, just a resident of East Windsor – anyone is able to sit in on meetings. Any one with time on their hands can come help at fair grounds and it would be appreciated. September 17-20 is the fair. In the past East Windsor as a sponsor town was not very involved, and the Four Town Fair members are here tonight to seek out more volunteer work from East Windsor and help from the Selectmen in promoting this event. The various ways to involve the communities children were discussed. They are begging more assistance from East Windsor residents. Last year Somers had a dunk booth and raised $3,000. Many examples of booths and fundraising efforts were discussed. While this Four Town fair is located in Somers, it is not a Town of Somers fair, but shared with the Four towns. East Windsor should be more involved. It is up to the board to go Towns people to get East Windsor involved. These individuals have approached various community organizations – it would be helpful to have items such as a community float in parade or booths for the youth to raise money. The Selectmen are in parade and that is appreciated. Chief DeMarco of EWPD suggested they contact the Department and the Honor Guard would be there for the parade. There is a website for the Four Town Fair as well. B. Discussion of Proposed Ordinances/Send to Town Meeting 1. Proposed Citation Ordinance for Abandoned Motor Vehicles, Motor Vehicle Parts and other Unsightly Material Robin Newton, Zoning Enforcement Official and Deputy Chief Roger Hart of the East Windsor Police Department came before the Board. This ordinance sets forth an “infraction” and there is a fee schedule associated with that. The Board had the document to review. It is a collaboration of what East Windsor has and other towns as well. The authority for the 30 days – is statute driven. All the town offices work together in this venture. The complaint is received, forwarded to police department and the department sends out officer to investigate. The police department has the ability to run vin numbers and determine if it is unregistered. Once established as unregistered and unmoved – then notice is sent to property owner. The property owner is the violator. The property owner is notified via certified mail – then there is an appeal period. There is a police department case number assigned to each. The public hazard and affixing sticker scenarios were discussed. Captain Hart detailed that the efforts will be to work with the property owner to get this resolved and last efforts will be actual removal. Ms. Menard asked if the board wanted to review the ordinance and they were all set. The ordinance does not address antique vehicles. Mr. Hayes discussed scenarios where antique cars in barn; model A unregistered out in yard, unregistered needs to be covered up. He had concerns with old antique cars. Captain Hart said to delineate antiques in this ordinance would snowball and old junk cars could be construed as antiques. The department will be reasonable – they are looking for property owners to be reasonable as well. MOTION: To forward to Town Meeting, date to be determined by the First Selectmen, the Ordinance Concerning Abandoned Motor Vehicles, Abandoned Motor Vehicle Parts and Other Unsightly Material. Made by Ms. Nelson, Seconded by Mr. Simmons ALL MEMBERS IN FAVOR. MOTION CARRIED. 2. Proposed Citation Ordinance for Wetland Enforcement Robin M. Newton, Assistant Town Planner/ZEO/Wetlands Agent came before the board with this proposal. For East Windsor, the only enforcement current for those who do not have wetland permit is to go to court. If there is a permit, there are some options – which can be to suspend or revoke permit – which can be troublesome in the event of subdivision. This is similar to zoning ordinance passed a few years back. The fee schedule is different – with a schedule of fines which depends on the nature of the violation. Ms. Newton detailed the proposed ordinance and discussions with land use commission. As there is some room for interpretation by an Enforcement Agent – it was felt appropriate to have a safeguard work in that Commission has to vote on issuance of citation, which allows for no abuse by enforcement agent. Wetland requires more research. The legislature hurtles and awareness was also discussed. Enforcement is similar to zoning in that a citation is sent out, with a fine attached to it (as set forth in the fee schedule); if there is noncompliance then there is continued follow up with citation or bring to court. The specific avenues to achieve compliance were discussed, including the efforts before the Commission issues a citation. After the commission issues the citation there is another 30 time period that run. Ms. Newton detailed scenarios where the likelihood of a fine – as well as the violation a day rule in the statute. Most likely fines are not to be collected, but people will comply. Ms. Menard wanted to know if the Town wanted an ordinance with a schedule of fees right in it – similar with statutes, they can get out dated. Is there more official way to refer to a schedule on file in the zoning enforcement office. Ms. Newton indicated they wanted a fee schedule – it can be taken out – and reference a fee schedule on file or part of the regulations. Ms. Menard indicated it will make it less likely to get outdated. MOTION: To forward the Ordinance entitled Wetland Violation Citations & Procedures to Town Meeting, pending item C. Schedule of Fines be removed from the document, and referenced within the Ordinance as a separate schedule. Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED. C. Public Works Requests to be forwarded to the Board of Finance 1. Added appropriations Mr. Norton, Director of Public Works, came before the board. Ms. Menard asked how much Mr. Norton had requested for these line items in his original budget submission. He did not remember how much he requested, he was budgeted $12,000. He will research that and have the information for the board of finance meeting. Every other building comes out of town property – public works has its own line item for heat and energy – but it is unknown why. He indicated that the thermostat is kept low, Ms. Menard backed him up on that. It is a fact, it has been cold. Mr. Norton detailed the heat use at the building – it was also noted that the cost of oil. Right now you can buy heating oil less than his is contracted for currently. Public works piggy backs with the School for cost – at the time it was the best deal, but currently they are locked in. The heaters are not efficient. One of the CIP requests is to replace the heaters which are not efficient nor are they safe. It was noted that this would be a great building for the free Solar panel from the State – the initiative for residents to get solar panels which results in a free panel – the garage building would be ideal for solar heat. Overtime is not scheduled, as other towns do, overtime is dependent on police or fire department calls, snow and ice. It is hard to determine – if the weather occurs on weekends and holidays, it cannot be avoided. If check surrounding towns dollar for dollar the public works in East Windsor is out less and in finished – as they are done. The workers do not waste and stay out – they do the job and then go home. It was noted that the $20,000 for two requests together, therefore, it would need a town meeting. The ideas of how to circumvent the need for a town meeting was discussed. Mr. Norton was concerned with over expending the heat and energy line. It was thought that if he advised the board of finance now of the over expending and let the board of finance determine what action, if any MOTION: To forward to the Board of Finance Len Norton’s memo dated February 11, 2009, to be forwarded without a recommendation from the Selectmen, but for the Finance Board’s discussion and advice. Made by Ms. Nelson, seconded by Mr. Simmons ALL MEMBERS IN FAVOR. MOTION CARRIED. 2. Fire Detection System/Additional Security Measures Account #1-08-55-1025-7-799-0278-0 Mr. Norton remained before the Board. He detailed that for several years there was a line item in CIP called Fire Detection system. Mr. Norton would have vendors come out for several years but no commitment. Finally Mr. Norton received a proposal not to exceed price 15,426.58 – issued p.o. and the job is pretty much completed. There will be a dialer directly to Tolland county if something happens at garage – which is beneficial, especially if you consider the one heater, as mentioned previously, that is not working correctly. This is hoped to be on line Friday this week. It looks like approximately $12,500 left over on this line. Mr. Norton has received various reports from different sources detailing issues with apparent unauthorized gas pumped vehicles and gas cans and also people dipping into salt shed when the workers are on the road. The same vendor who does fire protection – can get two cameras one pointing at gas – and one in back pointing at salt shed – they will have daylight and infrared and a small recorder. You can put a memory stick in and save what was recorded. It would provide a picture. Mr. Norton will check it every Monday and put anything on memory stick. He needs a simple monitor with small recording system. People say things are happening this would provide Mr. Norton with the avenue to investigate these claims. MOTION: To recommend to the Board of Finance for their approval the remaining $12,500 in fire detection system (Account #1-08-55-1025-7-799-0278-0) be used for additional security measures as detailed in Len Norton’s February 11, 2009 memo. Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED MOTION: To go out of agenda order to executive session 12 a and b Made by Ms. Nelson, Seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED. XII EXECUTIVE SESSION A. Pursuant to C.G.S. Section 1-200 (6) (b) To Include Town Assessor MOTION: To enter into Executive session Pursuant to C.G.S. section 1-200 (6)(b) at 9:25 p.m. to include the assessor, Carol Madore. Made by Mr. Simmons, seconded by Ms. Nelson ALL MEMBERS IN FAVOR. MOTION CARRIED. MOTION: To come out of executive session at 9:33 p.m. Made by Ms. Nelson, seconded by Mr. Hayes ACTION: MOTION: To approve the settlement agreement for Craftsman 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 4 Craftsman Road by 8.52% for the Grand List of October 1, 2007. Made by Ms. Nelson, seconded by Mr. Simmons ALL MEMBERS IN FAVOR. MOTION CARRIED B. Pursuant to C.G.S. Section 1-200 (6) (a) To Include Karen Gaudreau MOTION: To enter into Executive session Pursuant to C.G.S. section 1-200 (6)(A) at 9:34 p.m. to include the Town Clerk, Karen Gaudreau Made by Mr. Simmons, seconded by Ms. Nelson ALL MEMBERS IN FAVOR. MOTION CARRIED. MOTION: To come out of executive session at 10:05 p.m. Made by Mr. Simmons, seconded by Ms. Nelson ALL MEMBERS IN FAVOR. MOTION CARRIED NO ACTION TAKEN. MOTION: To return to agenda order Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED. D. Department of Mental Health & Addictions Services for Tobacco Prevention Agreement In the past this was not required to be signed – this gives authority to enforce tobacco crimes, i.e. under age. The East Windsor Police Department is not responsible for mandate. It is an enforcement. This is not additional – it is within the normal parameters of police business MOTION: To authorize the First Selectmen to sign contract #08-4067 – State of Connecticut Department of Mental Health and Addiction Services Police Partnership Program – Memorandum of Agreement Between The Connecticut Department of mental health and addiction services and Town of East Windsor Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED E. Discussion and Action regarding Snow Removal Ordinances 1. Ordinance 68-2 Concerning the Removal of Snow and Ice 2. Ordinance 74-4 Concerning Night Time Parking and Also Snow Removal in the Town of East Windsor As an example where the ordinance needs tweaking, it was noted there is a complex where there is no place to put the snow – so the snow is pushed into the street and over the guardrail and trucks come by and it’s a problem. The Police addressed the issue and referenced the ordinance which was outdated. It is recommend that the board look these ordinances over and review them for content and revision. It was the recommendation to repeal the ordinances and replace them with workable ordinances. It was thought to make both ordinances might even be drafted to be one ordinance. MOTION: To table these two items E 1 and 2 to a future meeting after completion of the FYE 09/10 budget season. Made by Ms. Nelson, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRED F. Discussion regarding the Animal Control Facility As a result of resident inquiry regarding the current facility Ms. Menard asked the Building Inspector to look at the building. Mr. Stanley viewed the facility and did not find it was the best place for the animals. In the meantime, the animal control officer has retired. Currently there is a part time animal control officer. This may be a nice time to make a break from how East Windsor uses this facility and it was Ms. Menard’s recommendation was to pass the building on to the building committee to determine what can be done with it. Ms. Menard is looking at shared services with other towns. Ms. Nelson was interested in the statistics of animal related complaints. From what Ms. Menard has investigated to date, it appeared to be an insignificant amount of dogs. The shared services concept would include the animal control officer bringing animals to another town facility and the animal is cared for at that facility for a per diem fee. East Windsor still holds the responsibility for advertising – the same services by East Windsor, but without maintaining the facility – a more efficient way to do it. The information on fines and where the fines would be distributed would be investigated. MOTION: To forward Rand Stanley’s February 4, 2009 memo regarding Animal Control Facility – Mill Street, to the building committee for their recommendation on what to do with the building. Made by Mr. Simmons, seconded by Ms. Nelson. Discussion: Mr. Hayes reiterated that Ms. Menard would do more investigation on what to do with the animal issue and shared services for a Animal Control facility. It was confirmed that is a separate discussion which warrants more information. ALL MEMBERS IN FAVOR. MOTION CARRIED G. Approval of Tax Refunds MOTION: To approve tax refunds in the amount $16,499.61 as recommended by the tax collector. Made by Mr. Hayes, seconded by Ms. Nelson ALL MEMBERS IN FAVOR. MOTION CARRIED XI. BUDGET MATTERS A. Budget Discussion 1. Presentation of 2009-10 Capital Improvement Budget Ms. Menard detailed that Mr. Simmons and Ms. Nelson are also on this committee. The 2010 CIP is for $581,651, with a $75,000 LOCIP grant offset and WPCA transfer of funds $350,000. (This is when sewer users connect to the system, the Town pays for sewer line down – when users connect to system there is a connection fee back to general fund to offset what Town paid. It has been practice of town to take $350,000 and offset the CIP for quite a long time. There is monies in that account.) That leaves funding of CIP at $156,651 for fiscal year 2010. It is a conservative amount of money – not a lot of projects, but a way to offset tough times. The other piece is that there is a lot of money in the Capital Non recurring Account that the Treasurer needs to investigate and understand how the monies break out and get applied to line items. There are some projects that have funding going forward and she needs assistance from Departments as to what the funding was, what was spent, what is to be spent and what may be remaining. So the other four years for the plan are not recommended at this time. The CIP committee will meet in a couple weeks to finalize the remaining five years of the plan. Rather than do it under the crunch – the 2010 year is done now, and in a couple of weeks the rest of the plan will be in place. 2. Discussion of 2009-10 Selectmen’s Budget’s Ms. Menard detailed the status of the Selectmen budget. There are some items set, there are some that she is still obtaining information on. The board will hold a budget workshop on February 28 at 9:00 a.m. Ms. Menard distributed the materials she had on Selectmen’s budget to date. XII EXECUTIVE SESSION A. Pursuant to C.G.S. Section 1-200 (6) (b) To Include Town Assessor ADDRESSED OUT OF ORDER B. Pursuant to C.G.S. Section 1-200 (6) (a) To Include Karen Gaudreau ADDRESSED OUT OF ORDER C. Pursuant to C.G.S. Section 1-200 (6) (a) MOTION: To enter into Executive Session pursuant to C.G.S. Section 1-200 (6)(a) at 10:32 p.m. to include selectmen only. Made by Ms. Nelson, seconded by Mr. Simmons ALL MEMBERS IN FAVOR. MOTION CARRIED. MOTION: To come out of Executive Session at 10:40 p.m. Made by Mr. Simmons, seconded by Mr. Hayes ALL MEMBERS IN FAVOR. MOTION CARRIED XIII. ADJOURNMENT MOTION: To adjourn at 10:41 p.m. Made by Mr. Simmons, 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.