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Board of Selectmen Minutes 11/17/2009
SPECIAL MEETING OF THE BOARD OF SELECTMEN
As Required by Town Charter
Tuesday, November 17, 2009
10:00 a.m.
First Floor Conference Room
MINUTES

Present: First Selectman Michael Pace, Selectman William Peace, Selectman Carol Manning, Town Treasurer Robert Fish, Police Chief Michael Spera, Sergeant Michael Gardner, Deputy Fire Chief JT Dunn, Fire Marshal Donn Dobson, Town Planner Christine Nelson, Town Clerk Sarah Becker, Tax Collector Barry Maynard and School Director of Operations, Facilities and Finance Julie Pendleton.


I.
CALL TO ORDER – First Selectman Pace called the meeting to order at 10:00 a.m.
II.
PLEDGE OF ALLEGIANCE – Selectman Pace led those in attendance in the Pledge
III.
COMMENTS FROM THE PUBLIC – None were made
IV.
COMMENTS FROM THE SELECTMEN
First Selectman Michael Pace related that this meeting is required by the Town Charter for the new Board of Selectmen to meet two weeks following the election. He welcomed Carol Manning to her first meeting as a Selectman.
He stated that the Connecticut Chapter of the American Planning Association has selected the Board of Selectmen’s Ad Hoc Founders Park Committee as recipient of an award. He stated that he had received a letter from the Shoreline Soup Kitchen thanking the Board of Selectmen for their continued financial support. Also received a letter from the Regional Mental Health Board for the town’s financial support. He further stated that the town had received a Certificate of Appreciation from the Connecticut River Coastal Conservation District.
Selectman Bill Peace has been attending the statewide Transportation Planning Committee and has been requesting lots of additional parking at the train station. This is a valuable asset.
Selectman Carol Manning stated that she is on a learning curve and that she may ask questions that others will know the answers. Thanks all the people who supported her.
V.
APPROVAL OF MINUTES Board of Selectmen Meeting of June 18, 2009, Special Board of Selectmen Meeting of September 22, 2009, Special Board of Selectmen Meeting of November 10, 2009
PEACE/PACE
Motion to approve the minutes of the Board of Selectmen meetings of June 18, 2009, September 22, 2009, and November 10, 2009.
MOTION CARRIED, Selectman Manning abstained due to the fact that she was not a Selectman at these meetings.
VI.
BUSINESS BEFORE THE BOARD
A.  Discuss and act on recommendation by the Land Use Department for updates to Town Code regarding Fee and Regulations for Public Improvements (“Road Regulations”).
Town Planner Christine Nelson reviewed the process that has been going on for several years. One of the changes will be to change how updates can be made. Currently since it is regulated by an ordinance, any changes would have to be made by a Town Meeting. The new regulations, which would go to a Town Meeting, could be changed by a vote of the Board of Selectmen.
The Board of Selectmen will review the plan and hold a Public Hearing at its December 17, 2009 meeting. Then it will be forwarded to a future Town Meeting for a vote.
B.      Discuss and act on Sidewalks on State Route 1 in the Town Center Node & Connector.
Selectman Peace reviewed the grant, part of the stimulus package, it requires that sidewalks be built along a “collector” road. Boston Post Road (Route 1) is an eligible collector road. The plans have been submitted to the Connecticut DOT. Will have a meeting with abutting property owners. Town Planner Christine Nelson hopes to have approval in January 2010. It will come back to the Board of Selectmen in January.
C.      Discuss and act on recommendation of Public Works Director to release Encroachment Bond; driveway at 30 Sea Lane.
Public Works Director Larry Bonin reviewed the new process that is being used to hold an Encroachment Bond.
PEACE/MANNING
Motion to accept recommendation of Public Works Director to release the bond.
MOTION CARRIED UNANIMOUSLY
D.      Discuss and act on 2010 Board of Selectmen Meeting Schedule.
First Selectman Pace stated that by having meetings during the day, staff is available without having to pay overtime or comp time. The fact that so many people are here today at 10:00 a.m. is an indicator. Selectman Manning objected to the time.
PEACE/PACE
Motion to approve 2010 Board of Selectmen Meeting Schedule.
MOTION CARRIED, Selectman Manning abstained.
E.      Discuss and act on Sale of a Portion of “Quarry Street” as a Municipal Improvement as approved by the Planning Commission.
Larry Bonin reviewed the conditions at the end of Quarry Street and need for some sort of turn-a-round for town trucks.
PACE/MANNING
Motion to appoint Selectman Peace as a committee of one to work with Larry Bonin and Christine Nelson to move this project forward.
MOTION CARRIED UNANIMOUSLY
F.      Appointments
1.      Acton Public Library – Re-appointment of Walter Hirsch, Mildred Cook and Gratia Lewis.  These are 6-year terms due to expire 11/2015.
MANNING/PACE
Motion to re-appoint Walter Hirsch, Mildred Cook and Gratia Lewis to the Acton Library Board.  These are 6-year terms due to expire 11/2015.
MOTION CARRIED UNANIMOUSLY

2.  Connecticut River Estuary Regional Planning Agency (CRERPA) – Re-appointment Board of Selectmen Representative Karen Marcolini.  This is a 2-year term due to expire 11/2011.
PACE/PEACE
Motion to re-appoint Board of Selectmen Representative Karen Marcolini to the CRERPA Board.  This is a 2-year term due to expire 11/2011.
MOTION CARRIED UNANIMOUSLY
3.  Conservation Commission – Re-appointment of Kim Gallagher, Patrick Ingellis, Michael Kelley and Robert Siegelman.  These are 2-year terms due to expire 11/2011.
PACE/MANNING
Motion to re-appoint Kim Gallagher, Patrick Ingellis, Michael Kelley and Robert Siegelman to the Conservation Commission.  These are 2-year terms due to expire 11/2011.
MOTION CARRIED UNANIMOUSLY
4.  Economic Development Commission – Re-appointment of Alternate Member Mark McGuire Jr.  This is a 2-year term due to expire 12/2011.  Appointment of John DeCristoforo to fill vacancy as an Alternate Member.  This is a 2-year term due to expire 08/2012.
PACE/PEACE
Motion to re-appoint Alternate Member Mark McGuire Jr.  This is a 2-year term due to expire 12/2011.  Appointment of John DeCristoforo to fill vacancy as an Alternate Member.  This is a 2-year term due to expire 08/2012.
MOTION CARRIED UNANIMOUSLY
5.  Historic District Commission – Re-appointment of Tamara Miglio.  This is a 5-year term due to expire 12/2014.
PACE/MANNING
Motion to re-appoint Tamara Miglio.  This is a 5-year term due to expire 12/2014.
MOTION CARRIED UNANIMOUSLY
6.  Inland Wetland Commission – Re-appointment of William Pollock, Paul H. Smith, Brendan McKeown and Alternate member Charles Wehrly. These are 2-year terms due to expire 11/2011.
PEACE/MANNING
Motion to re-appoint William Pollock, Paul H. Smith, Brendan McKeown and Alternate member Charles Wehrly. These are 2-year terms due to expire 11/2011.
MOTION CARRIED UNANIMOUSLY
7.   Public Health Nursing Board – Re-appointment of Kathryn Ferrantelli and Diane Aldi DePaola.  These are 3-year terms due to expire 11/2012.
PACE/PEACE
Motion to re-appoint Kathryn Ferrantelli and Diane Aldi DePaola.  These are 3-year terms due to expire 11/2012.
MOTION CARRIED UNANIMOUSLY



8.      Regional Building Code of Appeals – Re-appointment of Ken Gibble.  This is a 5-year term due to expire 11/2014.
PACE/PEACE
Motion to re-appoint Ken Gibble.  This is a 5-year term due to expire 11/2014.
MOTION CARRIED UNANIMOUSLY
9.      Shellfish Commission – Re-appointment of James Mitchell and Paul Labriola.  These are 2-year terms due to expire 11/2011.
PACE/PEACE
Motion to re-appoint James Mitchell and Paul Labriola.  These are 2-year terms due to expire 11/2011.
MOTION CARRIED UNANIMOUSLY
10.     Tree Warden – Re-appointment of Theodore “Guy” Pendleton.
PACE/MANNING
Motion to re-appoint Theodore “Guy” Pendleton.
MOTION CARRIED UNANIMOUSLY
11.     Assessor – Re-appointment of Norman Wood.
PACE/PEACE
Motion to re-appoint Norman Wood.
MOTION CARRIED UNANIMOUSLY
12. Building Official – Re-appointment of Don Lucas
PACE/MANNING
Motion to re-appoint Don Lucas.
MOTION CARRIED UNANIMOUSLY
13. Town Engineer – Re-appointment of Nathan L. Jacobson Associates
PACE/PEACE
Motion to re-appoint Nathan L. Jacobson Associates.
MOTION CARRIED UNANIMOUSLY
14. Emergency Management Director – Re-appointment of Michael Spera
First Selectman Pace asked Mike Spera to review the duties of the Emergency Management Director. He stated that it is his responsibility to plan for emergencies. When there is an emergency he has no power to order anyone to perform their duties. The emergency order would come from the First Selectman or Governor. As Police Chief he has the power to order work to be done. Health Director Mary Jane Engle spoke on Mike’s behalf, praising him for his abilities. She cited some specific incidents.  Fire Marshal Donn Dobson echoed Mary Jane’s comments. As did Public Works Director, School Director of Operations, Facilities and Finance Julie Pendleton, Deputy Fire Chief JT Dunn, and Sergeant Michael Gardner.
PEACE/MANNING
Motion to re-appoint Michael Spera.
MOTION CARRIED UNANIMOUSLY
15. Emergency Management Deputy Director – Re-appointment of Michael Gardner
PEACE/MANNING
Motion to re-appoint Michael Gardner.
MOTION CARRIED UNANIMOUSLY
16. Fire Marshal – Re-appointment of Donn Dobson
PEACE/MANNING
Motion to re-appoint Donn Dobson.
MOTION CARRIED UNANIMOUSLY
17. Town Counsel – Re-appointment of Town Attorney Michael Cronin and other attorneys of designation; Shipman & Goodwin, Pepe & Hazard, Kainen, Escalera & McHale.
PACE/PEACE
Motion to re-appoint Michael E. Cronin as Town Counsel.
MOTION CARRIED UNANIMOUSLY
PACE/PEACE
Motion to re-appoint Shipman & Goodwin as Bond Counsel.
MOTION CARRIED UNANIMOUSLY
PACE/PEACE
Motion to re-appoint Pepe & Hazard as additional Counsel.
MOTION CARRIED UNANIMOUSLY
PACE/PEACE
Motion to re-appoint Kainen, Escalera & McHale as Labor Counsel.
MOTION CARRIED UNANIMOUSLY
G.  Enter into Executive session to discuss pending legal matters and asset price negotiations.
PEACE/MANNING
Motion to enter into Executive session to discuss pending legal matters and asset price negotiations at 11:06 a.m. Session to include Robert Fish and Christine Nelson.
MOTION CARRIED UNANIMOUSLY
Board of Selectmen returned to open session at 11:20 a.m.
H.  Discuss and act on legal recommendations.
The Board of Selectmen is interested in acquiring two properties.
PACE/PEACE
Motion to accept recommendation of Land Acquisition Committee and Town Planner to acquire property A.
MOTION CARRIED UNANIMOUSLY
PACE/MANNING
Motion to enter into negotiations to purchase property B, two (2) acres that are adjacent to town property. Funds to come from Open Space Acquisition Fund “Fees in Lieu of Open Space.” Price not to exceed assessed value.
MOTION CARRIED UNANIMOUSLY
VII.
COMMENTS FROM THE SELECTMEN
First Selectman Pace stated that there are three or four employees that are taking advantage of the Early Incentive Retirement offer from the town. Two are from Youth and Family Services. There is a plan for transition to include a new delivery model, which will eliminate redundancy. The board is committed to retain Services.
VIII.
QUESTIONS BY THE PRESS
IX.
ADJOURNMENT
PEACE/MANNING
Motion to adjourn at 11:35 a.m.

Respectfully submitted,

Roland W. Laine, Executive Assistant