Board of Selectmen Minutes

Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectman Richard Miller; Town Administrator Tom Landry; Administrative Assistant Judy DeVito, Residents and member of the press.

This meeting was recorded and video taped and the tapes are available in the Selectmen’s office and the Building Department, respectively, for further reference.

Discussion/decision regarding the appointment of Robert Gardner to fill the vacancy (Jennifer Gremmel-Hunt) on the Zoning Board of Appeals for a term to expire November 20, 2007. Mr. Gardner said he has been a Weston resident since 1986. He has been in advertising all his life and owned agencies in both Westport and Norwalk. He has been on Warm-up fund for 1 1/2 years. Mr. Miller made a motion to appoint Robert Gardner to fill the vacancy of Jennifer Gremmel-Hunt on the Zoning Board of Appeals for a term to expire November 20, 2007. Mr. Major seconded and the motion passed unanimously.

Accept the resignation of Harvey Luft from the Planning and Zoning Commission effective immediately. Mr. Miller made a motion to accept the resignation of Harvey Luft from the Planning and Zoning Commission effective immediately. Mr. Major seconded and the motion passed unanimously.

Addition to the agenda - Mr. Bliss made a motion to add to the agenda Discussion/decision regarding the appointment of Harriette Heller as an alternate to the Zoning Board of Appeals to fill the vacancy of Richard Goldberg for a term to expire November 10^th 2007. Mr. Major seconded and the motion passed unanimously. Mr. Bliss said as of this date we have not gotten written notification of Mr. Goldberg’s resignation. Mr. Miller said that Devon Pfiefer had been notified and we would get it from her.

Harriette said she has lived in Weston since 1994. She said she really believes Planning and Zoning and the Board of Appeals is really important. She thinks it is a sensitive and careful way of looking at the future of the community that you live in and helping encourage your community to maintain its integrity while at the same time being sensitive to the needs of people who are living there, moving in, constructing etc.

Mr. Miller made a motion to appoint Harriette Heller to the Zoning Board of Appeals to fill the vacancy of Richard Goldberg for a term to expire November 10^th 2007 subject to receiving written resignation from Richard Goldberg. Mr. Major seconded and the motion passed unanimously.

Discussion/decision regarding the acceptance of a gift of $2,000 from the United Way to the Senior Center to purchase a used 19 passenger bus for Senior Center trips. Jen Ruddy the Director of the Senior Center said the Norwalk Senior Center purchases new buses on a five to six year basis and Marie Allen offered Jen a good price on a 19 passenger bus. They approached the United Way and asked them for a gift of $2,000 to purchase the bus and they do have a couple of questions that they need answered. They thought it was important that they have the Town’s approval to accept this gift.

Mr. Albin said this bus is not to be used for Dial-a-Ride because it is too large. This bus is for events. Mr. Miller asked who would be driving the vehicle. Ms. Ruddy said both Krista and she would be getting their commercial vehicle licenses.

The vehicle has been inspected and they did get the records on the vehicle from Norwalk for three year and the bus is in excellent working order. Mr. Major asked if there were any cost associated with having and operating the bus. Ms. Ruddy said she hoped the Town would add the bus to the Town fleet.

Mr. Major asked if the weekly trips that the van was going to be used for were self sufficient. Ms. Ruddy said yes, this would allow them to do many more day trips than before. Mr. Major asked what the budget impact would be if they brought the bus on line. Ms. Ruddy said it would reduce the amount they put in the budget for next year. They plan to charge $2:00 per person to cover the cost of gas. The bus will be stored at the elementary school.

Mr. Major said if there are unanticipated costs associated with it he would like to know about it sooner than later so that they can address the issue. Mr. Miller said he would like a record kept of each trip, where you go and how many people were on board. It was understood that this vehicle was for Town use and the senior center had primary use.

Mr. Major made a motion to accept the gift from the United Way for the some of $2,000 to be used for the purchase of the 19 passenger Ford bus from the Norwalk Senior Center. Mr. Miller seconded and the motion passed unanimously.

Addition to the agenda - Mr. Bliss said that the police commission requested that we add an item to the agenda tonight. Mr. Major made a motion to add to the selectmen’s agenda discussion/decision regarding legal fees regarding the police commission. Mr. Miller seconded and the motion passed unanimously.

Mr. Phillips said last year the selectmen approved the commission’s request to retain the law firm of Cohen & Wolf. Attorney David Zabel would assist the police commission with Chief Anthony Land’s performance reviews. He said as you know he responded with legal counsel and we felt that we needed to do that. The assignment has grown since then. He believed that we approved approximately $1,200 for the initial assignment and the hearing will run significantly higher and they are requesting additional fund. The best guess that David Zabel can come up with now through the end of the proposed hearing is approximately $50,000. That includes the cost of attorney Ed Schmidt, the court recorder and Courtney George.

Mr. Major said that he did not think we have much choice but as a commission, when we look at what the legal fees that the town has incurred as a result directly relating to the police commission far exceeds any other board or commission. He said he would guess it probably exceeds the rest of the Town taking out Board of Education since he did not know what their legal fees were.

Mr. Major said he was hopeful the long term picture will hope to address that situation as well. Mr. Phillips said he thought so. The sum that they are requesting now, they hope is a one time item. Secondly, the union negotiations are going to be recurring every five years. Mr. Major said for what we were arguing over that was an absurd number. Mr. Major asked where the $50,000 takes us. If there is an unfavorable determination from Chief Land’s prospective does this take us through the appeal that would undoubted be filed. Mr. Phillips said the answer that David Zabel gave him was no. If there is an unfavorable decision on the chief and it does go to appeal that number could double.

Mr. Major made a motion to appropriate up to the sum of $50,000 to cover legal fees incurred by the police commission in connection with the proceeding with Chief Land. Mr. Miller seconded and the motion passed unanimously.

Discussion/decision regarding granting a Utility Easement to AT&T for the purpose of providing service to the cellular tower at 237 Godfrey Road. Mr. Landry had a copy of the map and said this was the same easement that was provided to AT&T. Mr. Landry said the Board can authorize Woody to sign the easement. Mr. Major said no that we needed to have a Town Meeting to authorize this. Mr. Major said the easement map is on the records and there is no reason that a new map need be recorded and a new map cited. He did not have a problem approving it subject to conformation from Pat Sullivan that the CL&P easement was not exclusive to them being able to give rights to others to use it.

Mr. Major said that based on the minutes from the special town meeting that it approved an easement. Mr. Major said he would write a letter to CL&P and put them on notice about what we think of their new policy and that they ought to seriously consider reverting back to their old policy because they need the easements as much as we need them to subsequently give them to someone else. Mr. Bliss said he would do this with a phone call.

Mr. Major made a motion to schedule a Town Meeting to authorize the First Selectman to execute any necessary easements in the designated easement area as required to get the telecommunication tower up and running. Mr. Miller seconded and the motion passed unanimously.

Discussion/decision regarding the Harry Rogers Trust. Mr. Major said Harry Rogers was an individual that lived on Davis Hill who died. There was a provision in his will to establish a trust where the Town was a beneficiary in the trust income with the specific purpose that the trustee would hold the principal of the trust for 20 years, and then pay 90% of the net income annually to the Town of Weston in perpetuity. Such income to be used by said Town for the planting and maintenance of flowering trees, shrubs and plants on the roadside of the public roads located within the Town of Weston. The excess shall be added to the principal of the trust.

For a period of 8/11/06 to 12/31/06 we received $6,400. Mr. Major said this clearly needs to be maintained as a separate fund and the Beautification Committee should make recommendations for the disbursement.

Mr. Major made a motion to appoint the Beautification Committee to annually present to the Board of Selectmen a proposal for the expenditure of the Harry Rogers Trust Fund. Mr. Miller seconded and the motion passed unanimously.

Mr. Major made a motion to authorize the First Selectman to refund the sum of $4,924.38 in accordance with the request for property tax refunds as set forth on the agenda. Mr. Miller seconded and the motion passed unanimously.

Discussion/approval of the Board of Selectmen’s minutes for the December 7, 2006, January 4, 2007 and January 18, 2007. This item was tabled to the next Board of Selectmen’s meeting.

Any other business to come properly before the meeting. Mr. Miller made a motion to add Veteran’s Tax Benefits. Mr. Major seconded and the motion passed unanimously. Mr. Miller said he had been made aware that Westport had significant greater and better benefits than the Town of Weston. He recommends that the Board of Selectmen recommend to the Board of Finance to make the following changes in their budget. According to the Town of Westport veterans will receive a $6,000 decrease in assessment that is standard. The difference is $1,500 higher than the Town of Weston which is $4,500 a veteran. He said we have 300 veterans so we are talking about $10,000.

If a veteran is single and his income is less than $53,800 or if he is married and his income is less than $60,300 he gets an additional $10,000 in the reduction of his assessed value. He would have a total of $16,000 off of his assessed value. Mr. Miller said it would probably cost the Town $5,000 to $8,000 more because each one would cost approximately $220.

Mr. Bliss said he is sympathetic and we need to do something about increasing our veteran’s benefits. He felt we needed to involve our tax collector because she has got the records and our veteran’s affairs committee. He suggested that we present the information to them and ask them to come back to us with a specific recommendation.

Mr. Major said that this was not the first time that this issue has come up. The last time it came up the veteran’s committee asked us what was the appropriate process to follow. Mr. Bliss accurately stated it for them and gave them a time frame under which they needed to react. He said the way it was presented was the appropriate way to address it. Merely because Westport does this does not mean that it is right. The last time that we discussed this we were the most generous Town as it related to those types of programs. He wanted to look at other towns and look at it in a comprehensive manner.

Mr. Major said if the Veteran’s Affairs Committee presents it to the board this fall it will be in time for the next budget season. Mr. Bliss said he had given veteran’s committee a deadline of October 15^th and suggested Mr. Miller contact either Terry Gaberman or Betsy Peyreigne as co-chairs and share with them what he had learned about Westport.

Mr. Major made a motion to go into executive session for purposes of discussing litigation. Mr. Miller seconded and the motion passed unanimously.

ATTENDANCE: The meeting was convened by Chairman Bliss at 8:44 pm in the First Selectmen’s office with Mr. Major and Mr. Miller present. Also in attendance was Town Administrator Tom Landry.

The meeting was convened to consider assignment of Counsel in a Section 7-433c disability claim (heart and hypertension). At 9:20pm, a motion was made by Mr. Major to conclude executive session and reconvene in open session (second by Mr. Miller) passed by unanimous vote.

Mr. Major made a motion to go into executive session for purposes of potential settlement. Mr. Miller seconded and the motion passed unanimously.

EXECUTIVE SESSION #2: At 9:22pm, the Board reconvened in Executive Session in the First Selectman’s office. The Board discussed Counsel assignment in the section 7-433c case, as well as settlement of other threatened litigation.

VOTE: In open session, Mr. Major made a motion as follows: “I move that the Town engage the services of the law firm of Maher and Williams of Fairfield, CT, for the purpose of representing the Town in any current disability claims subject to the “heart and hypertension” law. Such representation shall be at the hourly rate of $150 for a partner, and $110 for the services of an associate”. The motion received a second by Mr. Miller, and passed by a unanimous vote.