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Board of Selectmen Minutes 6/18/2009
MEETING OF THE BOARD OF SELECTMEN
Thursday, June 18, 2009
6:30 p.m.
First Floor Conference Room
MINUTES
Present:  First Selectman Michael A. Pace, Selectman William Peace, Selectman Velma Thomas, Probate Judge Roger Goodnow, Director of Public Works Larry Bonin, Lt. Michael Spera 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
Comments were made by Jean Castagno, Bob Day, and Richard Goduti.

IV.
COMMENTS FROM THE SELECTMEN
None taken.
V.
APPROVAL OF MINUTES Board of Selectmen Meeting of May 21, 2009 and Special Board of Selectmen Meeting May 29, 2009.
THOMAS/PEACE
Motion to accept the minutes of the Board of Selectmen Meeting of May 21, 2009 as presented.
MOTION CARRIED UNANIMOUSLY

THOMAS/PEACE
Motion to accept the minutes of the Special Board of Selectmen Meeting of May 29, 2009 as presented.
MOTION CARRIED UNANIMOUSLY

VI.
BUSINESS BEFORE THE BOARD
A.      Tax Refunds
      1.  Bank of New York-Trustee Volande, Bigelow Trust    $  435.70
      2.  Carole & William Sabia                                                 $  541.04
      3.  Suzanne D. Watson                                                        $  943.26

PEACE/THOMAS
Motion to issue the above tax refunds as recommended by the Tax Collector’s Office.
MOTION CARRIED UNANIMOUSLY




B.  Discuss and act on Retirement Incentive as approved and forwarded by the
      Pension Board.
First Selectman Michael Pace noted that the incentive would apply to only non-uniform police personnel and non-Board of Education employees.  The incentive would allow 5 individuals to take early retirement without incurring the usual penalty for taking early retirement.
Under the conditions, notice of an employee’s desire to take the incentive would have to be received no later than October 31, 2009 and the employee would have to vacate their position by December 31, 2009.
A concerned citizen noted that some towns have run into problems with pensions being taken early and he knows that Old Saybrook Police Department employees must wait 20 years before retirement.
First Selectman Michael Pace stated the town’s pension fund is fully funded.  He also stated that there is a separate account set up for post-retirement benefits that are not associated with pension plan.  All contracts are negotiated to mitigate the future cost to the town.  The incentive is for personnel in a supervisory position (of which there are presently 7) and their support staff.  
PEACE/THOMAS
Motion to approve the Retirement Incentive as forwarded by the Pension Board
MOTION CARRIED UNANIMOUSLY

C.  Act on resolution to authorize First Selectman Michael A. Pace and Treasurer,
     Robert Fish to act on B.A.N.S.; bonds sale for the Katharine Hepburn Cultural
     Arts Center.
THOMAS/PEACE
Motion to authorize First Selectman Michael Pace and Treasurer Robert Fish to act on B.A.N.S.
MOTION CARRIED UNANIMOUSLY
First Selectman Michael Pace wanted to note that Moody’s had applied a AA3 rating to the town and credited the rating to sound town management, low debt burden and the fact that Old Saybrook has a funded pension plan.

D.  Discuss and act on Judge of Probate.
First Selectman Michael Pace stated that currently there is legislation to consolidate the State Probate courts and noted the 10 area towns have submitted a letter to Mr. Paul Knierim stating their intention to voluntarily consolidate as opposed to a state mandated assignment.  He then turned the discussion over to Probate Judge, Roger Goodnow.
Probate Judge, Roger Goodnow, noted that the consolidation process has proved difficult to accomplish, as most people prefer to go within their own community.  The Probate Courts currently cannot stand as a separate entity financially and it will cost the state to consolidate.  Current legislation is proposing to have the current 117 districts consolidated to no more than 50 and no less that 44 consolidated courts.  It has been clear to the Probate Judges and this has encouraged them to discuss an agreement rather than have the state mandate where towns will be required to go.  The possible seat for the area would be New London.  He supports the lower valley’s decision to consolidate.  The Probate Court is essentially a family court with several of the issues brought before it involving the elderly or infirmed.  If the towns do not work together a special commission, appointed by the state, state will make the decision.  Currently Old Saybrook presents as the best seat for the consolidated court.  It is one of the busiest, has the best facilities and is the only one currently set-up per the Probate Court Administration.  The cost, per statute would be based on the Grand List of each town.  The lower valley towns are looking at a more equitable solution and also the possibility of the elected Probate Judge traveling to each town.  Judges would be elected on a regional basis.
Selectman Velma Thomas asked if future judges would be required to be lawyers.
Mr. Goodnow stated that the current non-attorney judges would be grandfathered in; however, future judges would be required to hold a law degree.

PEACE/THOMAS
Motion to support the consolidation of the area towns.
MOTION CARRIED UNANIMOUSLY

Mr. Goodnow noted that in the past the Probate Court was located in rented space that did not meet the Administrations criteria.  Now that the Probate Court is located within the Town Hall they meet all the criteria set by the state and are fully up-to-date technology.
A concerned citizen asked about the cost of Old Saybrook being the seat for the lower valley.
Mr. Goodnow stated the state would be responsible for the staff; however the town would be responsible for facility cost and recordings.  The lower valley is looking at an equitable solution for all the consolidated towns to pay their fair share of these costs.
A concerned citizen asked if parking would become an issue.
Mr. Goodnow noted that matters before the Probate Courts are scheduled and the judge would also be traveling to other towns so parking should not be an issue.

E.  Discuss and act on emergency repair to Town Garage.
Director of Public Works, Larry Bonin, asked the Board of Selectman to approve the emergency replacement of the roof of the Public Works building without the bid process.  Public Works has already been authorized $20,000 for the necessary repairs and the bidding process could take upward of one and half months to complete.  The roof is a flat roof installed in 1978 and in poor condition with several leaks.  They have been patching when necessary.  Mackery Roofing has agreed to do the repair for a little over $20,000.
PEACE/THOMAS
Motion to discuss and act on authorizing the emergency repair to the roof without the necessary bid process.
Selectman Velma Thomas asked if Mr. Bonin felt that Mackery Roofing had submitted a fair price.
Mr. Bonin stated he believed the price to be fair.
Selectman Peace stated he is comfortable with the recommendation of Mr. Bonin.
PEACE/THOMAS
Motion to authorize, up to the cost of the $20,000, the Director of Public Works, Larry Bonin, to proceed with the emergency repairs to the Town Garage roof.

           E.1  Roadway resurfacing.
First Selectman Michael Pace turned the floor over to Director of Public Works, Larry Bonin.
Mr. Bonin noted that there were certain roads that have been repaved using the new chip-seal method and asked the owner of the company hired for the repaving, Mr. Matt Neal, to discuss the process.
Mr. Neal introduced himself as the current owner of Seymour Sealing Company, a company started 43 years ago by his father.  It noted the chip-seal technology has become popular in the past couple of years and the soaring oil prices last year made paving with asphalt a huge expense.  Many towns have been looking for a more cost effective solution.  Currently asphalt cost approximately $120,000 per mile of roadway and does not last.  Chip-seal is essentially oil and stone and colored stone can be used for a more appealing look.  Mr. Bonin and he had discussed the possibility of using color and when they used color on the Old Post Road they found the colored stone did not last as well as the black.  On Schoolhouse Road a different stone was used and was not of the best quality.  They are looking for another quarry for stone.  His company has a guarantee for all of the work and there is a new chip-seal product that sets faster.
First Selectman Michael Pace noted that one of the benefits of the chip-seal process is a reduction in speed.
Mr. Larry Bonin noted that most of the dust was from people speeding over the newly laid chip-seal.  Signs had been posted, however they were ignored and they are coordinating with the Police Commission to enforce the speed limit when the repairs are made to reduce the amount of dust and debris.
Selectman Velma Thomas noted that although the chip-seal works functionally, will it create a change in the lifestyle of the residents who use the roadway for biking, jogging, walking, etc.
Mr. Neal stated that yes as long as the loose stone remains it would cause an inconvenience.  He did note that the road surface would not be as smooth as asphalt with the chip-seal.
Selectman William Peace noted that chip-seal vs. asphalt, over the years is much more cost effective to the town.
A concerned citizen, Bob Day, wanted it noted that both sides of Schoolhouse Road, where there is no curbing, are in disrepair.  The residents that he has spoken to do not want repairs made, they want the road re-paved with asphalt.  When chip-seal was applied to Schoolhouse Road the dust and debris lasted for 10 days and presented a major health concern for him.  Also the level of roadway noise has greatly increased and he likes to have his windows open.
First Selectman Michael Pace noted that when re-paving was discussed the concerns about slowing traffic, giving vehicles more traction and making the road more scenic where expressed by the residents.
Selectman William Peace asked if there was a way to reduce the dust when the repairs are made.
Mr. Neal stated that if the repairs were made without the colored stone this would reduce the dust.
Mr. Day asked if Schoolhouse Road would be repaved in the near future.
Mr. Bonin stated that the approximate cost of $375,000 for repaving is not in the current budget, the road is not in bad enough disrepair to warrant repaving and the chip-seal lasts longer than asphalt and would not need resurfacing for several years.
Selectman Velma Thomas asked if the residents were informed of stones quality and durability when the decision was made.
First Selectman Michael Pace noted that he met with Old Post Road residents to discuss the resurfacing and part of that discussion was cost, longevity, environmental safety, slower traffic, plowability, reduction of black ice and they also decided to have the colored stone.  Schoolhouse Road was done second and also made the decision among them as to colored stone.
Selectman Velma Thomas wanted it noted that the rougher texture has change the quality of life for many of the residents.
First Selectman Michael Pace noted that the chip-seal is still under warranty and the town is looking to have the repairs covered by the warranty.

     F.  Electric Supply Agreement, Constellation Energy, Inc. – Fixed Price
          (current:12.498 kw   proposed: 10.4 kw).
First Selectman Michael Pace noted that at the meeting of May 21, 2009, he had discussed using green energy and is now looking at the possibility of buying what is considered brown energy to further reduce the cost of utilities for the town.
PEACE/THOMAS
Motion to proceed and authorize First Selectman Michael Pace to enter into Electric Supply Agreement with Constellation Energy, Inc.
MOTION CARRIED UNANIMOUSLY

G.  Appointments
            1.  Economic Development Commission.  Vacancy.  Elevation of Charles Polka
                 to a regular member.  This is a five-year term due to expire 06/2014.
        THOMAS/PEACE
        Motion to accept recommendation to elevate Mr. Charles Polka to a regular member, which is a five-year term due to expire 06/2014.
        MOTION CARRIED UNANIMOUSLY

            2.  Harbor Management Commission.  
First Selectman Michael Pace noted that Mr. Ross Burns has passed away.
        PEACE/THOMAS
         Motion to appoint Less Bowman to the Harbor Management Commission.
        MOTION CARRIED UNANIMOUSLY

            3.  Zoning Commission.  
First Selectman Michael Pace noted Paula Steward has stepped down from the position.
        THOMAS/PEACE
         Motion to appoint Jerry Lewis to position.
        MOTION CARRIED UNANIMOUSLY

            4.  Cable TV Advisory Council.
        PEACE/THOMAS
        Motion to appoint Kingman Snow to position.
         MOTION CARRIED UNANIMOUSLY

            5.  Municipal Cemetery.
                THOMAS/PEACE
        Motion to accept re-appoint David Tezzi, this is a six-year term.
        MOTION CARRIED UNANIMOUSLY

        THOMAS/PEACE
        Motion to appoint Robert Duncan.
        MOTION CARRIED UNANIMOUSLY

        THOMAS/PEACE
        Motion to appoint Nancy Sullivan.
        MOTION CARRIED UNANIMOUSLY

        THOMAS/PEACE
        Motion to appoint Dana Cosgrove; this term expires 7/2011.
        MOTION CARRIED UNANIMOUSLY

VII.
COMMENTS FROM THE SELECTMEN
Selectman Velma Thomas stated that on March 22, 2009, a member of her household answered a call from Jean Castagano and she was called to the phone to take the call.  During the conversation Mrs. Castagano stated the reason for the call was to invite Ms. Thomas to attend a meeting of the Old Saybrook Taxpayers Association.  On March 24, 2009 in a subsequent call from Mrs. Castagano to Ms. Thomas’s, Ms. Thomas declined to attend the meeting and at which time she was told that Selectman William Peace had also been asked to attend.  That evening at another meeting Ms. Thomas was approached by Ms.Donna Dibella who informed her that she was appalled that Ms. Thomas had refused to attend the meeting.  Ms. Thomas stated that she believed her attendance at such a meeting would be in violation of the Freedom of Information Act.  Ms. Dibella concurred on that point.
Ms. Castagano stated that she did not believe that she made such a call and perhaps there was confusion with another call made earlier in the year.
Ms. Thomas’s mother then spoke that she was the individual that answered the phone on March 22, 2009 and remembers clearly the date.
Ms. Thomas also produced telephone records with calls from Ms. Castagano’s number listed as being made on March 22, 2009 and March 24, 2009.
At this point in meeting several individuals began talking over each other and shouting and First Selectman Michael Pace made a motion to adjourn.
VIII.
ADJOURNMENT
PACE/PEACE
Motion to adjourn at 8:35 P.M.
MOTION CARRIED UNANIMOUSLY
Respectfully submitted,


Tracy Masterson