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| Board of Selectmen's Minutes - December 4, 2007 (Special) 1 Board of Selectmen’s Meeting December 4, 2007
Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectwoman Gayle Weinstein; 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.
Mr. Bliss called the meeting to order at 7:32pm.
Pledge of Allegiance – Hal Mathews lead the meeting with the pledge of allegiance.
Discussion/decision regarding the reappointment of Ken Whitman as the Assessor for a term to expire December 15, 2011. Mr. Major made a motion to reappoint Ken Whitman as the assessor for a term to expire December 15, 2011. Ms. Weinstein seconded and the motion passed unanimously.
Discussion/decision regarding the reappointment of Rack Gleason as the Building Inspector for a term to expire December 10, 2009. Ms. Weinstein made a motion to reappoint Rack Gleason as the Building Inspector for a term to expire December 10, 2009. Mr. Major seconded and the motion passed unanimously.
Discussion/decision regarding the reappointment of Michael Ferullo as the Emergency Management Director for a term to expire December 10, 2009.
Mr. Major made a motion to reappoint Michael Ferullo as the Emergency Management Director for a term to expire December 10, 2009. Ms. Weinstein seconded and the motion passed unanimously.
Discussion/decision regarding the reappointment of John Pokorny as the Fire Marshal for a term to expire December 10, 2009. Ms. Weinstein made a motion to reappoint John Pokorny as the Fire Marshal for a term to expire December 10, 2009. Mr. Major seconded and the motion passed unanimously.
Discussion/decision regarding the reappointment of Kenneth Bernhard as Town Attorney and Patricia Sullivan as Assistant Town Attorney for a term to expire December 10, 2009. Mr. Major recused himself. Ms. Weinstein made a motion to reappoint Kenneth Bernhard as Town Attorney and Patricia Sullivan as Assistant Town Attorney for a term to expire December 10, 2009. Mr. Bliss seconded. Ms. Weinstein said that this has been a decision that they have taken very seriously and she would like to appoint a committee to determine where they should go with the Town Attorney. It would be a five member committee made up of attorneys in the Town who would take a look at what our options are, as well as what the fees are that we have been paying. She said that this was not to suggest that our Town Attorney skills are not qualified for the position. In fact, those who have spoken to them, who actually work with Mr. Bernhard and Ms. Sullivan on a day to day basis have expressed great 2 satisfaction in their work. She said she felt this would be a prudent decision to make at this point. Mr. Bliss said he had two different citizens suggest that they appoint a committee to take a look at this. We have to put a mission statement together and the challenge will be to find people who are not connected in one way or another. He said he was not prepared tonight to make a recommendation with regard to the mission statement. At the meeting on December 20th we would do that work. Historically, one of the Selectman writes the mission statement and he would be happy to do it, but needs some time to put that together. We would set a timeline and should have an answer somewhere around June 30, 2008. We would advertise sometime in January for candidates. Mr. Bliss said it would take at least two more Selectmen’s meeting to get the process in place. Mr. Bliss asked Mr. Bernhard if he had any comments that he wanted to make. Mr. Bernhard read from a prepared statement which is attached to the minutes. Mr. Bliss said the charter requires the Board of Selectmen to make a two year appointment. They are going to make that appointment with the understanding that they will use the study group committee to do a six month review or sooner depending on the work of the committee. Mr. Mathews asked if any of the fees were recoverable. Mr. Bliss said some are recoverable. Mr. Bernhard said in a tax foreclosure matter at the end of the matter, they ask the court to award the Town attorney’s fees for having to pursue litigation in order to collect on a tax lien. The taxpayer writes a check to the Town and it is remitted to the Town. He said Weston has been very smart in its negotiations with the insurance companies and on many letters that he has seen from them, they indicate that they will reimburse the town up to $10,000 of legal fees spent per litigation. Mr. Bernhard said that Cohen and Wolf does not represent the Town in bonding. Mr. Donald Saltzman said that to put a panel of all lawyers in Town to judge this might not be the most efficient way. You should have a cross section of citizenry and also the people that can give testimony to that group of their experiences with the Town attorney. He also warned to be careful of the litigants in Town who have open cases or are under appeal. Mr. Bliss said that he was inclined to have some attorneys, but also some non attorneys. He said there are many attorneys in Town, who for one reason or another would be disqualified. He explained how the process worked with the Insurance Advisory Committee. Mr. Robert Walpuck said that they should ask someone else before they make any appointment of Mr. Bernhard, because if he is not appointed, he would have the same powers and just becomes a holdover. We would not be in violation. He said no one 3 should be appointed until after this committee is put forth. Ms. Weinstein read the requirements from the charter. Mr. Saltzman said we have to have absolute continuity. We have many on going issues in the land use boards and we cannot put someone else in as temporary care taker. If Mr. Bernhard eventually is not appointed and we start fresh with a new law firm that is a different story. Ms. Weinstein agreed and said right now to not be in violation of the Charter we do need to approve the motion. Mr. Robert Machson asked if we were appointing for a two year period. Mr. Bliss said yes, but the charter gives us the ability to unappoint by a 2/3 vote of the Board of Selectmen. The motion carried Mr. Bliss, Ms. Weinstein yes, Mr. Major recused.
Discussion/decision regarding recommendations from the Commission on Aging on the Abatement and Deferral Programs. Mr. Bliss said we have a recommendation from the Commission on Aging dated December 4, 2007. Mr. Major said he did not know if anyone could tell us the real impact on the budget in any given year. He said the applications are to be made by May 15, which means that the budget would have already been approved and the mill rate established before we would know the applicants. Mr. Bliss said the application itself has to be accompanied by the prior years income tax. Mr. Major said if we had the filing deadline by the 15th of April we would know the number of applicants. It would give us some bench mark going in. He said the alternative is we set the mill rate and we are then going to have to fund this out of the general fund. Mr. Bliss suggested that as we did when we raised the deferment program to $125,000 of income, we did not know how many people became eligible, so we put a cap on it with the understanding that if we went over the cap, then it would be prorated. History shows that we have never exceeded the cap. Ms. Weinstein asked if there was a way to send a survey in Town. Mr. Major said by the time, we get the parameters of the program, we are going to be so far into the process that if we do not set the cap, we are going to lose the year. He was more worried about setting the mill rate and having the mill rate be wrong. Mr. Major asked if the Commission on Aging will make the full presentation at the public hearing. Mr. Bliss said yes. Mr. Major asked if we had a sense of how many people were going to participate. Mr. Bliss said no. Mr. Bliss said for the budget cycle we should present it with what we think the cap should be. We will get a lot of data out of the first year, so that we can go back in the second year and make adjustments. Mr. Major said that it would be worth while for the Selectmen to send the proposal to the Board of Finance, so if they want to have meetings with the Commission on Aging that they could call that, but to ask for their comments to come back to the Board of Finance. 4 Hal Matthews said by keeping these people here you are stabilizing the school population and saving substantially more money than you are putting out to keep us here. Mr. Machson asked about the purpose of the public hearing was. He wanted to know if there was documentation that they would have for the public hearing. He asked that the material be available to the public at least a week or two before so that the public has a chance to review it so that there can be some debate. Mr. Bliss explained that this was a program for senior citizens age 65 and older, who have an adjusted gross household income of less than $100,000. There are no thresholds with regard to net worth or house value whereas on the abatement program there are thresholds. There taxes would be frozen as of the previous year. Whatever you paid in 2007 would be the base of what your taxes are frozen. The increase in taxes would be frozen. You would pay the frozen tax amount when you sold the house or in 14 years, which is the state statue requirement. You have to reapply each year. If you suddenly had a win-fall in income, you would still carry those other protections, but you would have to start all over again the following year. Mr. Major asked why someone would take the deferral program. Mr. Bliss said this only deals with the increase in taxes. The deferral program they can defer a much bigger portion of their taxes. Mr. Machson asked if they could present the total to the extent as possible projections of this program in light of the current programs as well. Mr. Major made a motion to establish the date of January 10th for a public hearing to air the recommendations from the Commission on Aging on the Abatement and Deferral programs. Ms. Weinstein seconded and the motion passed unanimously.
Discussion/decision regarding setting a date for Special Town Meeting and Resolution to recommend that the Town of Weston reallocate funds between and within the school construction projects approved by the voters at a referendum vote held November 15, 2001 and to call a Special Town Meeting to approve the reallocation. Mr. Landry said at the referendum vote held on November 15, 2001 there were three questions voted on and funds were allocated for different projects. He said the bottom line is fine, if you add all of them up. However we need to true all the numbers up, since individually they do not show the balance that was appropriated to it. The Town Meeting needs to change appropriation totals that it voted six years ago. It does not increase the total appropriation, but it changes the purposes. The second thing they will be asked to do is that there are $250,000 to $275,000 still left and there is opportunities for additional funding to come back into that project and then there are other things that will draw down expenses including a couple of legal activities. Town meeting will be asked to authorize the Board of Selectmen and the Board of Finance that if need be to change money from one project to another, that those two boards would be authorized to do so. 5 Mr. Major asked where the money was that was already reallocated from the Middle School Auditorium Project. Mr. Darling said that that was not included here because that project is far from completion. This resolution just considered and recognizes the original three questions and these are the three projects that are substantially complete. Mr. Major asked if we should not have a line item that says High School Auditorium/Roof with dollar number that is there. Mr. Landry said Town Meeting in essence already did that. When it took that voted on March 22, 2007 to reallocate the third project, it created a fourth project. Mr. Major said that they are putting in a portion of the Middle School Auditorium project. If we give you the ability to use some of these dollars, if there are excess dollars to put back to that project as well should they be available. He said if we are trying to true the whole appropriation all the pieces should be there. Mr. Landry said they would talk to Bruce Chudwick about doing that. Mr. Major made a motion to set January 17th at 7:00pm for a Special Town Meeting to recommend that the Town of Weston reallocate funds between and within the school construction project approved by the voters at a referendum vote held November 15, 2001 and the Special Town Meeting of March 22, 2007. Ms. Weinstein seconded and the motion passed unanimously.
Discussion on budget process and items for December 13th Board of Selectmen’s meeting. Mr. Bliss said that this should say December 20, 2007. Mr. Bliss said if the selectmen had any thoughts on the budget with regard to the process or budget items they could bring them forward.
Discussion/approval of the Board of Selectmen’s meetings for October 18, and November 15, 2007. Mr. Major made a motion to approve the Board of Selectmen meeting minutes of October 18, 2007 as submitted. Mr. Bliss seconded and the vote was Mr. Major, Mr. Bliss yes and Ms. Weinstein abstained. Ms. Weinstein made a motion to approve the Board of Selectmen’s meeting of November 15, 2007. Mr. Major seconded and the motion passed unanimously. At 8:46pm Mr. Major made a motion to enter into executive session. Ms. Weinstein seconded and the motion passed unanimously.
Executive Session- Tentative Agreement School Administration. Contract Negotiations- Liberty Mutual
ATTENDANCE and DISCUSSION: The meeting was convened at 8:50 pm in the First Selectmen’s Office by Chairman Bliss, with Mr. Major and Ms. Weinstein present. Also present was Town Administrator Landry. The first item of discussion in the executive session was to receive an update on the status of settlement discussions in the Liberty Mutual case (school construction project) and to review a proposed release for settlement of the claim. 6 The second item consisted of review of the contract renewal between the Board of Education and the School Administrators. After discussion of both items, the Board voted unanimously (Mr. Major, motion; Ms. Weinstein second) to end executive session and reconvene in open session. The time was 9:16pm.
Discussion/decision regarding Contract Negotiations- Liberty Mutual
LIBERTY MUTUAL SETTLEMENT: A motion (Mr. Major, Ms. Weinstein second) to approve a settlement in the amount of $50,000 in the Liberty Mutual/Nettleton claim, and to recommend such approval to the Board of Finance, passed by a 2-0-1 vote. Mr. Major, Mr. Bliss yes and Ms. Weinstein abstained.
Discussion/decision regarding Tentative Agreement School Administration
WESTON ADMINISTRATORS ASSOCIATION: A motion (Mr. Major, Ms. Weinstein second) to approve the negotiated labor contract as presented, between the Weston Board of Education and the Weston Administrators Association, for the period July 1, 2008- June 30, 2011, passed by unanimous vote. Further, the Board noted its pleasure at the progress reflected in the agreement concerning negotiated changes in the health insurance program, notably the new offering of a Health Savings Account option for the Administrators. The Board asked Mr. Landry to convey its commendation and appreciation to the Board of Education, as well as to Mr. Michael O’Brien, a member of the Board of Finance and the Insurance Advisory Committee, who participated in the negotiations, and provided technical assistance in this area. ADJOURN: At 9:19 pm, a motion (Mr. Major, Ms. Weinstein second) to adjourn the meeting passed by unanimous vote. Respectfully submitted Judy M. DeVito Administrative Assistant. Approved 12/20/07 |
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