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Board of Selectmen Meeting 07 09 2013
        

MEETING OF THE BOARD OF SELECTMEN
Tuesday, July 9, 2013
3:30 P.m.
First Floor Conference Room
MINUTES

Present:  First Selectman Carl P. Fortuna Jr., Selectman Scott Giegerich, Selectman Steve Gernhardt,
Police Chief Michael Spera, Finance Director Lisa Carver, members of the public and press.  

I.     CALL TO ORDER – First Selectman Fortuna called the meeting to order at 3:32 P.m.

II.    PLEDGE OF ALLEGIANCE – Led by First Selectman Fortuna

III.  COMMENTS FROM PUBLIC – None

IV.  COMMENTS FROM THE SELECTMEN – First Selectman Fortuna reported on a draft of a
local bidding ordinance that will allow local companies to match low bids if they have bid
within a certain percentage of that low bid.  Ordinance will be coming before BOS soon and
then on to Town Meeting is approved.

V.  APPROVAL OF MINUTES Board of Selectmen Special Meeting June 24, 2013.
GIEGERICH/FORTUNA
Motion to approve minutes of the Board of Selectmen Special Meeting June 24, 2013.
MOTION CARRIED UNANIMOUSLY
VI. BUSINESS BEFORE THE BOARD
A. Discuss and act on FY 13/14 Service Agreement for Lisa R. Carver
First Selectman Fortuna stated that this is one of a few agreements that Town has with non-union
employees. Under pending charter revision proposal, there will be the possibility to have
agreements with these employees for longer than one year.  Selectman Giegerich asked if the
other agreements currently in place are for one year in duration.  Selectman Fortuna answered
that most do not have that language and the Town would risk a labor complaint to change them
at this point.  New non-union employees, such as IT Manager and WPCA Administrator, will have
that language.

Selectman Giegerich pointed out a typo in third sentence under Term of Agreement.  Date should
be June 30, 2014, not 2013.

FORTUNA/GERNHARDT
Motion to accept (with above correction) the FY 13/14 Service Agreement with Lisa R. Carver,
Finance Director.
MOTION CARRIED UNANIMOUSLY
B. Discuss and act on Electronic Sign Usage Policy
First Selectman Fortuna stated that now with having a second electronic sign on Mill Rock, it is
prudent to have a policy regarding the what messages are allowed and that emergencies and town
business are the priority.  This will make it easier and clearer for both the public and town staff who
administer the sign.   

Selectman Gernhardt asked why the timing of the change in message is so slow.  Selectman Fortuna
and Chief Spera indicated that more frequent changing is prohibited by zoning regulations as flashing
signs can be a distraction to drivers.

Ms. Carver informed the Selectmen that Chief Spera had reviewed the policy and requested that the
Chief of Police be added to Emergency Management Director (EMD) and First Selectman as those
having authority to restrict usage of the signs for emergency purposes.  This is in case the EMD and
Chief are not the same person in the future.  Selectman Fortuna also suggested that in the first sentence
under Sign Usage that the word “activities” be changed to “emergencies”.

FORTUNA/GIEGERICH
Motion to accept (with above two changes) the Electronic Sign Usage Policy.
MOTION CARRIED UNANIMOUSLY
C. Discuss and act on recommendation from Public Works Director Larry Bonin for release of
Encroachment Bond at 38 Clearwater Road.  
FORTUNA/GERNHARDT
Motion to table Item C.
MOTION CARRIED UNANIMOUSLY
  • D. Discuss and act on property located at 57 Chalker Beach Road and year round classification.
First Selectman Fortuna reported that this property is mistakenly on the 200 list.  There were originally
two structures on this property, one seasonal and one year round. The seasonal cottage (which was
the reason this property was on the 200 list) has been torn down. The year round property need not
be on the list as per Building.  As the property is about to change hands, the land records need to be
corrected to show this as a year round property.

FORTUNA/GIEGERICH
Motion to correct the land records to reflect 57 Chalker Beach Road as a year round structure and to remove
it from the 200 list.
MOTION CARRIED UNANIMOUSLY
E. APPOINTMENTS:     

       1. Municipal Cemetery.       
       FORTUNA/GERNHARDT
      Motion to re-appoint Evaughn L. Fontes to the Municipal Cemetery Commission for six
       year term due to expire 7/2019.        .
       MOTION CARRIED UNANIMOUSLY

      2. Long Island Sound Councils & Assembly     
        Selectman Fortuna reported that Old Saybrook is supposed to have a representative to
        this body, but it has been vacant for many years. Grant Westerson has expressed an
        interest in serving after discussing with Susan McNamara, the Program Coordinator.

      FORTUNA/GIEGERICH
      Motion to appoint Grant Westerson as Old Saybrook representative to the Long Island
       Sound Councils and Assembly.
       MOTION CARRIED UNANIMOUSLY

F.Discussion and possible action on waiving bid ordinance with regard to electrical work to Town Garage.

First Selectman Fortuna reported that Majestic Electric has advised Public Works on the construction of the
new garage and has been a reliable contractor on past projects.  There still remains electrical work to be done
and in the interest of the timely completion of the garage, a waiver of bidding for electrical work of $21,000 is
being requested.  As the total appropriation, with materials, will be over $25,000, it would also go to Board of
Finance and Town Meeting.  

Selectman Giegerich commented that given the money spent and scale of the garage, time should have been
allotted to incorporate a bid for the electrical work.  Selectman Gernhardt commented that the new garage should
be maintained better than previous facility.  Both will support waiver in the interest of moving the project forward.

GERNHARDT/GIEGERICH
Motion to waive bidding for and appropriate $21,000 for electrical work on Public Works garage to Majestic
Electric and move forward to Board of Finance.
MOTION CARRIED UNANIMOUSLY

G. No need for Executive Session – to be handled under Item H.

H. Discussion and possible action on heart and hypertension settlement.

Selectman Fortuna reported that this is not a settlement, but a Finding and Award issued by the Workers’
Compensation Commission for a permanent partial disability for Sgt. Michael Gardner.  The Town really doe
s not have discretion in not paying this Award as there is a 20% penalty for non-payment.   It will be a $956.51
weekly payment for 72.8 weeks, beginning in April 2013 (April – June retro payment will come from FY 2012-2013
budget).  Cases like this is why Town is trying to budget each year to put money aside to possibly settle these
heart and hypertension claims.

GERNHARDT/GIEGERICH
Motion to accept Finding Award for heart and hypertension claim for Sgt. Michael Gardner.
MOTION CARRIED UNANIMOUSLY

FORTUNA/GIEGERICH
Motion to add to agenda appropriation of $29,896 for Federal Justice Assistance Grant (JAG).
MOTION CARRIED UNANIMOUSLY

Chief Spera gave some background information on the JAG which Town has received in the past.  The grant
usually is available every other year.  This year’s award if approved by BOS, BOF and Town Meeting will be
used for purchase of a 2014 Policy Interceptor which is estimated to cost $29,600.  This is a replacement vehicle,
not an addition to the fleet.

GERNHARDT/FORTUNA
Motion to move appropriation of $29,896 to use JAG funds for replacement police vehicle to Board of Finance
for approval and then to Town Meeting.  .
MOTION CARRIED UNANIMOUSLY

FORTUNA/GERNHARDT
Motion to add to agenda appropriation of $47,150 for Saybrook Point barrier (fence).
MOTION CARRIED UNANIMOUSLY

Chief Spera reported that fence destroyed by Storm Sandy cannot be replaced as it was due to current codes
and standards.  An RFP was put out for code compliant fencing and MGC Developers, who is currently doing
construction on the mini-golf, were successful bidders.  There is anticipated that there will be 75% FEMA
reimbursement for this project.

FORTUNA/GIEGERICH
Motion to move appropriation of $47,150 for Saybrook Point barrier (fence) to Board of Finance for approval
and then to Town Meeting.
MOTION CARRIED UNANIMOUSLY

VII.  COMMENTS FROM THE SELECTMEN:  Selectman Giegerich commented that he is enthusiastic about the
many positive things happening in Town such as the progress on the mini-golf and Ferry Landing field.

VIII. ADJOURNMENT
FORTUNA/GIEGERICH
Motion to adjourn at 4:35 p.m.
MOTION CARRIED UNANIMOUSLY

Respectfully submitted,
Lisa Carver
Finance Director