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.

 

 

Mr. Bliss called the meeting to order at 7:32pm

 

Accept the resignation of Jay Fortin as Weston’s representative on the Fairfield County Municipal Deer Management Alliance. Mr. Miller made a motion to accept the resignation of Jay Fortin as Weston’s representative on the Fairfield County Municipal Deer Management Alliance. Mr. Major seconded and the motion passed unanimously.

 

Discussion/decision regarding the appointment of Ridgeway Young to fill the vacancy (Harvey Luft) on the Planning and Zoning Commission for a term to expire November 13, 2007. Ridgeway Young said that he was originally from New Jersey and moved to Rowayton CT. He moved to Weston in January 2000. His background professionally is J.P. Morgan Securities Inc. where he worked on the trading floor as a Municipal Bond Salesperson. He worked at NationsBanc and Bank of America for ten plus years. He also worked at Best Quotes which is a software company. He wants to get involved with the community.

 

Mr. Major asked if he realized that his appointment was for only one month and he was not on the ballot in November. He will have to be a write-in. Mr. Major asked the process he went through before he was selected. Mr. Young said he went in and spoke to a selections committee and was asked numerous questions about his interest in P&Z. Mr. Major asked Ms. Reynolds if this had come before the whole Town Committee and was there a quorum. She said there was.

 

Mr. Major said that he found it odd that they are being asked to put someone on for one month. Ms. Reynolds said that this was a seat that they had open for several months. She said Mr. Saltzman and Ms. Connelly have been dying for help on that board and rather than leave them a month without a full slate it makes no sense to make them wait.

 

Mr. Miller made a motion to appoint Ridgeway Young to fill the vacancy (Harvey Luft) on the Planning and Zoning Commission for a term to expire November 13, 2007. Mr. Major seconded and the motion passed unanimously.

 

Discussion/decision regarding the appointment of Roland Poirier to fill the vacancy (Cathy Gropper) on the Historic District Commission for a term to expire December 31, 2011. Mr. Poirier said that he has been in broadcasting and engineering for almost 30 years. He worked for ABC News and now he wants to be more involved with the Town. Mr. Major asked about his background as it relates to Historic District Commission and historical structures and alike. Mr. Poirier said he has always been a history buff. He said he had not attended any of the Historic District Commission meetings.

 

Mr. Miller made a motion to appoint Roland Poirier to fill the vacancy of Cathy Gropper on the Historic District Commission for a term to expire December 31, 2011. Mr. Major seconded and the motion passed unanimously.

 

Discussion/decision regarding the appointment of John Hammerslough to fill the vacancy (Walter Marcus) on the Police Commission for a term to expire November 13, 2007. John Hammerslough said he was the first messenger on the CBS news department. He is a combat veteran of the Korean War and made recordings of the war when he was in Korea. He studied mathematics and started using the computer to analyze stocks around 1966 and did that for about 20 years. About 25 years ago he became an expert in securities class actions and has done over 1000 cases of security fraud. He has been on the Board of Finance, Board of Selectmen and the Board of Police Commissioners.

 

He said he received a call from the search committee asking if he would be a Police Commissioner. He said he wanted to serve because he had done it before and overall he felt we have a very good police force. He said we live in a place without a lot of crime. He felt that there were some cultural problems right now on the Police Commission that have to be addressed. He said there is far too much micro management.

 

Mr. Major asked why they were being asked to fill a vacancy which was for less than a month. Ms. Reynolds said at their last meeting there was a motion made to put Mr. Hammerslough in the seat prior to the election. She did not know what meetings they have or what sub-committees meetings since they are in the process of looking for a chief.

 

Mr. Hammerslough said one of the things that held this up and one of the reservations that he has is whether they have the right to appointment him in the absences of Mr. Schwarz resignation. Mr. Bliss said at the meeting following that meeting they passed a motion which rescinded the vote and in addition he was never sworn in.

 

Mr. Miller made a motion to appoint John Hammerslough to fill the vacancy of Walter Marcus on the Police Commission for a term to expire November 13, 2007. Mr. Bliss seconded and the motion passed unanimously.

 

Mr. Bliss asked the candidates that were not being interviewed to leave the room.

 

Howard Aibel said that he has been in the area since 1962 and moved to Weston three years ago. He worked in a large law firm in NY and worked for General Electric as a lawyer. The bulk of his career has been general counsel and chief legal officer of the ITT Corp. Part of his responsibility at ITT was to develop a code of conduct and develop a system for allowing people to report what they thought might be violations of that code. He presently is on the Conservation Commission and if he were selected he would have to resign from that board.

 

Patricia Heifetz said in 1968 she found that Weston needed a newspaper she started the Weston Forum. She said she wanted to serve on the Commission because she believed that her knowledge of every board and commission in the Town and her personal belief that right and honesty is of utmost importance.

 

Jeffrey Eglash said he moved to Connecticut about two years ago from Southern California to take a job at General Electric Corporate headquarters in Fairfield. His background is criminal law and government investigations and compliance. He attended law school in Berkeley, University of California. He clerked for a year for a Federal Judge in Los Angeles after law school and then 13 years as a prosecutor. He was the Inspector General for Los Angeles Police Department. He wants to serve on the Board of Ethics because he wants to reestablish himself, continue in public service and become more involved in local government affairs.   

 

Mr. Bliss asked if they wanted to make a decision tonight or wait. They decided to wait until interviewing David Fleming. Mr. Miller said he would not be here for the next meeting but his preference would be Howard Aibel.  

 

Discussion/decision regarding the appointment of Danielle Marshak as a student commissioner to the Children and Youth Commission for a term to expire June 30, 2009. Danielle Marshak said she was editor and chief of the school newspaper. She is a member of the school wind ensemble and Jazz band. She was class president. She is interested in doing this so she can be more involved with the larger community and help and be a connection to school and what the town is doing.

 

Mr. Major made a motion to appoint Danielle Marshak as a student commissioner to the Children and Youth Commission for a term to expire June 30, 2009. Mr. Miller seconded and the motion passed unanimously.

 

Discussion/decision regarding proposed reconstruction design plan for Cartbridge, and authorization for submission of necessary applications for all necessary permits- Arthur DiCesare. Mr. Landry said we expect to go to Conservation Commission and the P&Z on October 22^nd. They have agreed to do a joint hearing for our local permitting process which is required for us to work in a waterway. P&Z has already said that we do not need to make application for them for zoning purposes but they still by local ordinance are the board which deal with some construction of flood plain. Conservation Commission also is the inland watercourse regulatory agency and we need a permit from them.

 

We do not need to get a flood certification permit from DEP and there are two other possible permits we may have to get from them. They are reserving judgment that they are lesser involved applications.  Arthur DiCesare’s group has finished their hydrology work that will now be sent to DEP. They will evaluate that and determine whether in fact we will need to make those applications or whether we do not come under those requirements. Tonight, you will hear presentation about the bridge and see some bridge designs. Mr. Landry said at the end of that he will ask them to make a motion to make application to the Conservation Commission and P&Z Commission and if necessary DEP so we can begin that process and get the permits in hand.

 

Mr. DiCesare brought some design plans that he went over. The bridge presently is about 33 feet wide and the proposal would be for bridge replacement. They have in mind a pre-cast concrete bridge unit which will be 42 feet in length to improve the hydraulic opening through the span. The east side of the bridge the bedrock is about 12 feet from the roadway surface and on the west side it is about 45 feet from the roadway surface. On the east side they will place a new foundation for the new bridge on the bedrock. On the west side the foundation will be placed on piles which will extend about 30 feet to the bedrock.

 

Mr. Major asked if this was going to change the level of the water. Mr. DiCesare said no even though the width of the bridge is wider. He said that they are on course relative to where they thought they would be at this time. The hope is to put the project out for bids by the end of October early November with receipt of bids end of November early December with an award around Mid-December.

 

Mr. Harper said that he was representing the fire department and he had spoken to John Conte because when the bridge went out he was hopeful that they were going to incorporate a dry hydrant into the new construction of the bridge. He said he has a permit from the Conservation Commission and the State of Connecticut to put a dry hydrant at this location.

 

Dr. Maggio said that it was his understanding that there was Town owned property there as well and had it been delineated. Mr. DiCesare said yes and the access to town property had not been injured.

 

Mr. Major made a motion to authorize the First Selectman to execute applications to the Conservation Commission and the Planning & Zoning Commission and DEP if necessary. Mr. Miller seconded and the motion passed unanimously.

 

Mr. Gary said at the last meeting he requested a supplemental appropriation for work on Revson field which would come in two stages. Approximately $42,000 this fall and approximately $22,000 next spring. As said before there is no guarantee and the process may take more than one application. This is much less expensive than any of the other alternatives. The fields will not be out of play for next spring. The field will be out of play this fall while the initial work is done.

 

Mr. Bliss said at the last meeting when this was discussed both Dr. Maggio and Mr. McDonough had some concerns. Mr. Bliss asked if the letter that was submitted by Mr. McDonough reviewed by the Building Committee. Mr. Gray said that the beams that Mr. McDonough had referred to berms in his letter. Stu Fairbanks said there were no berms. The water is held in the field because there are some depressions. With regard to the rest of the letter which was sent to Mr. Fairbanks, he did not think it applied to this because what we have here is surface water. The Building Committee did review Mr. McDonough’s letter and has come to the same conclusion.    

 

Mr. Miller asked if they have investigated the success of this company in other locations. Mr. Gary said yes.

 

Dr. Maggio said this is undoubtedly a very inexpensive possible fix to a problem that arose probably unexpectedly. He said you have a process that has no guarantee. If you do one field and see how it works instead of both fields and see if it works first. A project of this scope and this cost, any engineer would tell you that there are many companies that would do this procedure. He asked if this was something that would go out to competitive bid.  

 

Mr. Gary said that they had planned on accepting the proposal that they had from Athletic Field Services. It has not been competitively bid. He said if you only do part of the out field only fill in part of the dishes that are in the out field you do not have the opportunity to create the proper surface runoff because you have only done part of it .

 

Dr. Maggio asked if there was an “as built” for the field. Mr. Gary said that there was not. Dr. Maggio said to start doing a project without an “as built”, without proper site lines, without proper engineering report is a shot in the dark.

 

Mr. Miller asked if the recommendation from the Building Committee was a unanimous recommendation. Mr. Gary said yes. Mr. Walpuck said he researched the file and Barry Blades who was hired to redesign the field there is a letter in 2004 that says there is a dispute on the contract. In the letter he said in order to figure out what went wrong, whose responsible you need to have an independent person.

 

Mr. Major said if they do not know what the current level is how do they know what areas needs to be leveled and what areas do not. Mr. Gary said they have equipment that has laser on it. After some discussion Mr. Gary said he would get an estimate do get a surveyor out to do an existing condition. We will have a special meeting to further discuss. Dr. Maggio said if we do an “as built” before we start work on the field because once we start addressing the field we have given up any claim against the previous contractor.

 

Dr. Maggio wanted to know who decides if something goes out to competitive bidding. Mr. Landry said he or the First Selectman can decide. Mr. Bliss said at this time no decision has been made as to whether or not this will out to competitive bid.

 

Discussion/decision regarding supplemental appropriation of approximately $24,000 to finance a study for drainage impact on Deepwood Road. John Conte said they have submitted for the board’s review a drainage study to be conducted on the culverts located on Deepwood Road. Two of the neighbors who received damage to their structure from the last few storms have asked us if we can enlarge the culverts there.

 

One of the problems of enlarging the culverts is that you have to be concerned with the impact down stream. We do not have to worry about that since we have a lot of vacant land and channels that can handle it.

 

In this case there are five property owners between Deepwood and Davis Hill. The concern is that there are a number of structures where the brook comes very close to the foundations. There are a couple of locations where the brook creates some small ponds, dams and weirs. Mr. Conte said that they have had numerous discussions with the Town attorney on situations like this that if we are changing drainage structures, especially if we are enlarging one, we have to be assured that the impact on the property owners downstream are not affected. The work could potentially make it an exposure for the Town of Weston if we are causing flooding due to the new construction.

 

They have obtained two proposals with prices. The study will take a look at what it would take or how it would affect downstream. They would have to go out with crews to survey the channels. There is a lot of survey work and field data collection that they have to obtain, not only for the channel, but for wherever the residents have damned up the brook. They have to analyze those structures.

 

One of the proposals is a little under $24,000 and the second one is just under $40,000. He said they have also contacted five property owners down stream. He has sent out letters and asked each property owner for permission for the survey crews to come out to the property. They also have some questions about any additional flow through their property and the channel. They have heard from three of the five people and they have no problems with the survey crew going there. Two of the three people that have responded also have given us a written letter expressing concern about additional drainage.

 

Mr. Miller asked how long this condition existed. Mr. Conte said the condition has come about in the last year and a half. There were a couple of storms with flash flooding that has created the problem. Mr. Conte said that they have accumulated a great deal of rainfall data from our national weather service which we have compiled the information and shown the weather patterns over the last eight years. Six of those years we have had more than normal rainfall. We have had in the last two years a lot of flash flooding. Mr. Conte said there has been no urbanization or heavy development within the watershed.

 

Mr. Major said that there was a drainage culvert that goes underneath Davis Hill which would need to be examined as well to make sure that it could handle it. Mr. Conte said the two houses that have problems would not be built with today’s regulation.

Mr. Miller said we have an obligation to the residents in Weston to do investigatory work to determine what is causing the problem and what we can do to deter the problem.

 

Mr. Zannetti said that there were three properties that were overwhelming flooded and two homes where the property is flooded. There are five properties on Deepwood that are directly affected by the flooding.

 

Mr. Miller made a motion that they request a supplemental appropriation from the Board of Finance in the amount of $24,000 to finance a study of the drainage impact on Deepwood Road. Mr. Major seconded and the motion passed unanimously.

 

Discussion/decision regarding resolution recommending close out of Capital Projects. Mr. Bliss said that these were surpluses that were left in the projects and they will be moved from the Capital Projects over to the Reserve Account. Mr. Major made a motion that the Board of Selectmen recommend to the Board of Finance that the balances in the Elementary and Middle School Fire Alarm Systems, School Septic System, Modular Classroom Units be closed out and the funds put to the Unreserved General Fund Balance. Mr. Miller seconded and the motion passed unanimously.

 

Mr. Major made a motion that Board of Finance cancel the unissued bonds relating to the School Septic System Improvement of June 21, 2001, in the amount of $1,250. Mr. Miller seconded and the motion passed unanimously.

 

Mr. Major made a motion that $790 of the bonds relating to the Elementary and Middle School Fire Alarm Systems approved on June 21, 2001 Special Meeting be canceled. Mr. Miller seconded and the motion passed unanimously. 

 

Discussion/decision regarding approval of a proposed personal services contract with Robert Turner. Mr. Landry said Mr. Turner is the Zoning Enforcement officer and serves the community on a part-time capacity. He was unable to give us additional hours. Mr. Turner knows many things and Mr. Landry has talked to him about staying here, about being off the front line, about using his internal knowledge to assist that person and to do other activities. Mr. Turner is okay with that. With this process Bob would step back, he would not be a line employee but instead he would be a resource to our Land Use Commissions and Tracy Kulikowski, Director of Land Use and to the new Zoning Enforcement Officer. He would agree to provide those services to us for about 1 1/2 years. The compensation for Bob Turner equals what he is paid as an employee currently plus a 10% premium to cover the payroll taxes that we pay.

 

Mr. Major asked if we needed to go to Board of Finance for a supplemental appropriation to enter into this agreement. Mr. Landry said no. Mr. Miller asked if the union had agreed to this. Mr. Landry said no, Mr. Turner does not need anyone’s authorization to retire. Mr. Major asked if we create a new position by doing this and that on July 1, 2009 do we have any obligation to fill this. Mr. Landry said you have no obligation you still have the flexibility.

 

Mr. Miller made a motion that they approve the proposed personal services contract dated September 2007, previously executed by Mr. Turner on October 3, 2007. Mr. Major seconded and the motion passed unanimously.  

 

Mr. Major made a motion to approve the June 28, 2007, the September 11, 2007, Special Board of Selectmen’s minutes and the September 28, 2007 Special Board of Selectmen’s minutes. Mr. Miller seconded and motion and the motion passed unanimously.

 

At 8:25pm Mr. Miller made a motion to adjourn the meeting. Mr. Major seconded and the motion passed unanimously.

 

Respectfully submitted

Judy M. DeVito

Administrative Assistant

Approved 11/15/07