Town of Old Saybrook, CT - Board of Selectmen Minutes 12/18/2008

Board of Selectmen Minutes 12/18/2008

MEETING OF THE BOARD OF SELECTMEN

Thursday, December 18, 2008

6:30 p.m.

First Floor Conference Room

MINUTES

Present: First Selectman Michael A. Pace, Selectman William Peace, Executive Assistant Roland Laine, Town Attorney Michael Cronin, Director of Public Works Larry Bonin, a member of the Press and concerned citizens

I.	CALL TO ORDER First Selectman Michael Pace called the meeting to order at 6:30 P.M.
II.	PLEDGE OF ALLEGIANCE First Selectman Michael Pace led those in attendance in reciting the Pledge of Allegiance.
III.	COMMENTS FROM THE PUBLIC A question was asked regarding the receipt of funds by the town for affordable housing. First Selectman Michael Pace responded that the Town of Old Saybrook has received a grant for $50,000 for the study of building of affordable housing in conjunction with HOPE Partnership. A question was raised as to if the study had been done. First Selectman Michael Pace responded that the study is currently being conducted. A question was raised regarding Founders Park being over budget. Selectman William Peace responded that a letter was sent to the Board of Finance regarding the overage and the letter is available to the public. A question was raised regarding the refund given on the lease of 1 Main Street. First Selectman Michael Pace responded that an explanation had been given to the Press for publication.
IV.	COMMENTS FROM THE SELECTMEN First Selectman Michael Pace deferred his comments to Brad Thorpe. Brad Thorpe stated that in the U.S. News & World Report publication had issued ratings of the top 500 school systems in the country in with over 21,000 schools being rated. The top 100 schools received a gold rating and Old Saybrook High School was given a silver rating. He also noted that out of the top schools, Old Saybrook High School has spent the least per student and still received a silver rating.
V.	APPROVAL OF MINUTES Board of Selectmen Meeting of October 16, 2008, Special Meeting of October 30, 2008 and Special Meeting of November 14, 2008. PEACE/PACE Motion to accept the minutes of the Board of Selectman Meeting of October 16, 2008 as presented. MOTION CARRIED UNANIMOUSLY PEACE/PACE Motion to accept the minutes of the Board of Selectman Special Meeting of October 30, 2008 as presented. MOTION CARRIED UNANIMOUSLY PEACE/PACE Motion to accept the minutes of the Board of Selectman Special Meeting of November 14, 2008 as presented. MOTION CARRIED UNANIMOUSLY
VI.	BUSINESS BEFORE THE BOARD Tax Refunds 1. CAMRAC Inc. $3,069.34 2. Estate of Jay Posnik, Robert Santaniello & Gail Santaniello $1,900.80 3. Estate of Jay Posnik & Robert Santaniello $1,842.00 PEACE/PACE Motion to accept the Tax Collector’s recommendation regarding the refunds. MOTION CARRIED UNANIMOUSLY Discuss and act upon copier lease. Executive Assistant Roland Laine discussed the current lease is $565.00 per month and the new proposal would be for a new machine with the same number of copies at the lower price of $452.66 per month. PEACE/PACE Motion to accept Executive Assistant Roland Laine’s recommendation and authorize First Selectman Michael Pace to sign new lease agreement. MOTION CARRIED UNANIMOUSLY Discuss and act upon Town Engineer, Nathan Jacobson Associates recommendation for a bond reduction, Rankin Neely Subdivision, Ingham Hill Road. Director of Public Works, Larry Bonin, said he agrees with the recommendation of the Town Engineer. PEACE/PACE Motion to accept the recommendation of the Town Engineer and Director of Public Works to reduce the bond for the Rankin Neely Subdivision. MOTION CARRIED UNANIMOUSLY Discuss and act upon Town Engineer, Nathan Jacobson Associates recommendation for release of existing bond, portion of Stage Rd. along frontage of CVS property. Director of Public Works, Larry Bonin, said he agrees with the Town Engineer and the $1,000 to be withheld would be sufficient to cover the cost of completion. PEACE/PACE Motion to accept the recommend of the Town Engineer and Director of Public Works to release the existing bond and retain $1,000 to insure completion of the remaining work. MOTION CARRIED UNANIMOUSLY Discuss and act to authorize First Selectman, Michael A. Pace to sign Amended and Restated Town of Old Saybrook Fire Company No. 1 Retirement Plan. First Selectman Michael Pace stated the amendments consistent of updated figures and clarifying language. PEACE/PACE Motion to accept and to authorize First Selectman Michael Pace to sign the Amended and Restated Town of Old Saybrook Fire Company No.1 Retirement Plan. MOTION CARRIED UNANIMOUSLY Discuss and act to authorize First Selectman, Michael A. Pace to sign an Agreement for Participation in the Independent System Operator (ISO)-New England 30 Minute Demand Response Program. First Selectman Michael Pace stated this would be a continuation of the current agreement between the Power Company and the Town of Old Saybrook. The Power Company currently notifies the town when there is a power shortage in the summer and/or winter and the town building will go off-line temporarily to alleviate the drain and the Power Company reimburses the town to do this. If the town is unable to go off-line, the town is not penalized. PEACE/PACE Motion to authorize First Selectman Michael A. Pace to sign the Agreement for Participation in the Independent System Operation (ISO)-New England 30 Minute Demand Response Program. MOTION CARRIED UNANIMOUSLY Reaffirm the Town of Old Saybrook’s adopted Nondiscrimination Certification resolution. PACE/PEACE Motion to Reaffirm the Town of Old Saybrook’s Nondiscrimination Certification Resolution. MOTION CARRIED UNANIMOUSLY Discuss and act on the Board of Selectmen 2009 Meeting Schedule. PEACE/PACE Motion to accept the Board of Selectman 2009 Meeting Schedule as presented. MOTION CARRIED UNANIMOUSLY Discuss and act upon Land Use proposed Flood Permit updated fee schedule. First Selectman Michael Pace stated he is asking the Town Attorney Michael Cronin to review fee schedule prior to the Board of Selectmen acting on. Town Attorney Michael Cronin stated that the new maps are not as clear as everyone hoped they would be. PACE/PEACE Motion to refer matter to Town Counsel Michael Cronin. MOTION CARRIED UNANIMOUSLY Discuss and act upon the Water Pollution Control Authority (WPCA) recommendation to approve the application for Jandim Reality Co., Wastewater Treatment Facility, N. Main St. A representative from the WPCA gave a brief outline of the presentation received last year. The Attorneys reviewed and the original proposal was rejected. There was a change of contractors and counsel and the next proposal set-up 2 funds. The first fund would be in the amount of $95,000 for operation and management of facility and the second fund would be an initial deposit of $125,000 with $10,000 being deposited per year with the goal of $1,000,000 within 30 years. Subsequent negotiation changed the amount of the second fund to a one time deposit of $300,000 with no additional payments. This amount would reach over $1,000,000 within the 30 years. The new proposal was forwarded via e-mail to the respective attorneys, Selectmen’s office and engineering firms for comment and approval. The final proposal came in early September and the WPCA has accepted on the recommendation of counsel and consulted engineering firm. Selectman William Peace asked for clarification that system does discharge into the ground. The WPCA responded that it would. Assurances have been made regarding the deposits in case of the necessity to rebuild or repair system. The $300,000 will have to be deposited prior to construction and the $95,000 deposit will be made prior to the Certificate of Occupancy being issued. Attorney Michael Cronin stressed that the State of Connecticut allows these systems, however, if something goes wrong the town would be held responsible. If the system fails the resource will be in place to rectify. The $95,000 deposit is to be used to insure that the system is properly operated and maintained and if used must be replenished by owner, even subsequent owners. First Selectman Michael Pace asked Attorney Michael Cronin to review Ordinance 71 in view of the application. Attorney Michael Cronin stated that he would review Ordinance 71. He also noted the WPCA has had Fusco & O’Neill advising them throughout negotiations. Selectman William Peace asked if the town retains the legal right to enter the property in the event of failure of system. Attorney Michael Cronin stated the town retains the right to enter. He also noted that the Board of Selectmen does not have the right to vote on this issue. PEACE/PACE Motion to accept recommendation of the WPCA. MOTION CARRIED UNANIMOUSLY Re-affirm Charge of the AdHoc Committee on Bikeways. PEACE/PACE Motion to re-affirm charge of the AdHoc Committee on Bikeways. MOTION CARRIED UNANIMOUSLY Discuss and act on Harbor Management Commission recommendation of proposed increase in fees for moorings and dock space in Old Saybrook. PACE/PEACE Motion to accept memo dated December 3, 2008 from the Harbor Management Commission on the proposed fee increases and send to a Town Meeting when schedule has been checked. MOTION CARRIED UNANIMOUSLY Appointments 1. Tree Committee. Barbara Maynard, re-appointment, 3-year term due to expire 10/2011. PEACE/PACE Motion to accept recommendation for re-appointment of Barbara Maynard, this is a 3-year term due to expire 10/2011. MOTION CARRIED UNANIMOUSLY 2. Conservation. Robert Fish, Charles Cobb, Jerry Brophy, re-appointment, 2-year terms due to expire 11/2010. PEACE/PACE Motion to accept recommendation for re-appointment of Robert Fish, Charles Cobb and Jerry Brophy, these are 2-year terms due to expire 11/2010. MOTION CARRIED UNANIMOUSLY 3. Public Health Nursing. Joseph Termine, re-appointment, 3-year term due to expire 11/2011. Robert Hallisey, appointment to fill vacancy elevate to regular position, 3-year term due to expire 11/2011. PEACE/PACE Motion to accept recommendation for re-appointment of Joseph Termine, this is a 3-year term due to expire 11/2011. MOTION CARRIED UNANIMOUSLY 4. Regional Building Code Board of Appeals. C. Talcott Scovill, re-appointment, 5-year term due to expire 11/2013. PEACE/PACE Motion to accept recommendation for re-appointment of C. Talcott Scovill, this is a 5-year term due to expire 11/2013. MOTION CARRIED UNANIMOUSLY 5. Tree Warden. Guy Pendleton, re-appointment, 2-year term due to expire, 11/2010. PEACE/PACE Motion to accept recommendation for re-appointment of Guy Pendleton, this is a 2-year term due to expire 11/2010. MOTION CARRIED UNANIMOUSLY 6. Historic District Commission. Robert Wendler, re-appointment, 5-year term due to expire, 12/2013. PEACE/PACE Motion to accept recommendation for re-appointment of Robert Wendler, this is a 5-year term due to expire 12/2013. MOTION CARRIED UNANIMOUSLY 7. Acton Public Library Board. Vacancy appointment, 6 -year term due to expire 11/2011. PEACE/PACE Motion to accept recommendation for appointment of Janet Hodge-Burke, this is a 6 year term due to expire 11/2011. MOTION CARRIED UNANIMOUSLY 8. Pension and Employee Benefits Board. Dennis Guay, re-appointment, this is a 5-year term due to expire due to expire 01/2014. PEACE/PACE Motion to accept recommendation for re-appointment of Dennis Guay, this is a 5-year term due to expire 01/2014. MOTION CARRIED UNANIMOUSLY 9. Water Pollution Control Authority. John Claffey, alternate member re- appointment, 2-year term due to expire 12/2010. PEACE/PACE Motion to accept recommendation for re-appointment of John Claffey, this is a 2-year term due to expire 12/2010. MOTION CARRIED UNANIMOUSLY 10. Park & Recreation Commission. Vacancy appointment, 4-year terms due to expire 11/22/11. PEACE/PACE Motion to defer appointment until a request/recommendation for appointment is received. MOTION CARRIED UNANIMOUSLY 11. Bikeways AdHoc Committee. Appointment two Old Saybrook students. PEACE/PACE Motion to add Zachary Towne and Luke D’Ambrosio, two Old Saybrook students interested in serving to the Bikeways AdHoc Committee. MOTION CARRIED UNANIMOUSLY M. Enter into Executive Session to discuss pending litigation PACE/PEACE Motion to defer Executive Session until such time as Selectman Velma Thomas can be in attendance. MOTION CARRIED UNANIMOUSLY
VII.	COMMENTS FROM THE SELECTMEN First Selectman Michael Pace asked Attorney Michael Cronin to comment on the lease of 1 Main Street. Attorney Michael Cronin explained that the lease was based on a 50/50 split. The town owns the area under (footings) and sidewalks surrounding the property and has the right to use the parking lot. The owner of the property was to receive a tax rebate for the use of the parking lot and the portion of the property where the Chamber of Commerce building is located. Until the lease was finalized the owner continued to pay the full amount of taxes on the property, even during the construction of the building. When the Tax Collector’s office reviewed the records for 2007 taxes they issued a bill for $0.00, no tax due. Subsequently it was determined that the owner should receive back 25% of the value of the property for over-payment, which the $9,000 rebate would be offset. The owner had been paying taxes on property owned by the town and this rebate was to rectify this situation.
VIII.	QUESTIONS BY THE PRESS None taken.
IX.	ADJOURNMENT 7:30 P.M.

Respectfully submitted,

Tracy Masterson