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| Board of Selectmen's Minutes - February 28, 2008 1 Board of Selectmen’s Meeting February 28, 2008 Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectwoman Gayle Weinstein; Town Administrator Tom Landry; Administrative Assistant Judy DeVito, residents and members 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 7:37pm Discussion/decision regarding the appointment of Steve Ezzes to fill the vacancy (John Hammerslough) on the Panel of Moderators for a term to expire December 15, 2011. Mr. Ezzes said he has run a number of public meetings on the Board of Finance in Westport for 10 years. Ms. Weinstein made a motion to appoint Steve Ezzes as a moderator for a term to expire December 15, 2011. Mr. Major seconded and the motion passed unanimously. Discussion/decision regarding the appointment of Helen deKeijzer to fill the vacancy (Ira Kasindorf) on the Commission on Aging for a term to expire December 31, 2008. Helen said she has been interested in good communications, syndications, and social services for many years. She has been on many commissions and is very much concerned with aging issues and hopes she can make a contribution to the commission. Mr. Major made a motion to appoint Helen deKeijzer to fill the vacancy on the Commission on Aging for a term to expire December 31, 2008. Ms. Weinstein seconded and the motion passed unanimously. Accept the resignation of Arthur Hahn from the Zoning Board of Appeals effective immediately. Mr. Major made a motion to accept the resignation of Arthur Hahn from the Zoning Board of Appeals effective immediately. Ms. Weinstein seconded and the motion passed unanimously. Discussion/decision with Aquarian Water Company representatives regarding regulatory restrictions for cemetery land acquisition. Len DeJong, Manager of Watershed and Environment Management and Steve Stamos, Manager of Natural Resources for Aquarian Water Company. Mr. Stamos is also their representative on the Conservation Land Committee (CLC). In 2002, the cemetery land in question was acquired by the State of Connecticut. The owners of that land are now the Nature Conservancy, Connecticut DEP and Aquarian Water Company. In 2004, Governor Rell said the land was going to known as Centennial Watershed State Forest. The management of that land is CLC. There are representatives from the Nature Conservancy, DEP and Aquarian Water Company on the committee. Mr. DeJong said there is a state law that goes back to 1949 that prohibits the construction of cemeteries within ½ mile of a public water supply. The existing cemetery that is there 2 predates the law. Mr. Major wanted to clarify that it is not prohibited, but that if you want to locate it there you have to go to the superior court and get a ruling. Mr. DeJong said in the Conservation and Public Recreation Easement and Agreement, one of the "Whereas" clauses says that Class 1 land, which is where the proposed cemetery site is, is for open space and recreational use as part of the particular exhibit. If there continues to be interest in this site, the Department of Public Health has jurisdiction as to what is approved and what is not approved on a Class 1 land. Mr. DeJong said these are the conditions and concerns that they might consider in terms of this property. Mr. Stamos said that he did mention this to Conservation Land Committee and a cemetery would be inconsistent with the natural resource land use. Mr. Major said if the superior court were to sign off, if the State of CT through the DEP were to sign off, the Nature Conservancy were to sign off and the Health Department did not have an issue, would Aquarian consent? Mr. DeJong said that they were not ready to answer that question yet, and the initial reaction from the CLC was that that proposal for the cemetery on the site is not consistent with what the CLC was envisioning. Mr. Major said there was no reason for pursuing the steps, if the owners are not willing to go along with it. Mr. Stamos said that it is not just an Aquarian decision it would have to be a unanimous decision of the CLC. Mr. DeJong said they will take it to the CLC and get an answer to the question. Mr. Stamos said that the subject had been brought up to the CLC and the answer will be no. Mr. Bliss asked if the could get an official answer. They will present it to the CLC on Thursday. Mr. Harper asked if Aquarian Water Company had been acquired by another company. Mr. DeJong said they have been acquired by the Macquarie group which is an Australian bank. They purchase Aquarian from the Kelda group. Mr. Harper asked why the proposed new cemetery would not be an expansion of the already existing cemetery to be placed at that location. Discussion/decision regarding a presentation from CT Municipal Consortium for Fiscal Responsibility -George McLaughlin. George McLaughlin said he was first elected to public office in 1978 and most of it on the Board of Finance and many of those years as chairman. He said today with the larger tax increases because of the proliferation of unfunded state mandates, the consortium was formed as a grass roots effort of municipal officials to stop the proliferation of unfunded mandates. They are not asking for any money. They are asking that we pass a resolution endorsing this mission. Right now 116 municipalities including over 200 Boards and Commissions in the State of Connecticut have passed such a resolution. 3 CCM, COST and CABE were not on the same page as far as language was concerned, and therefore nothing was getting done at the State Legislator. The consortium has found that the best way to get things done at the legislator is to have everyone on the same page, with the same language, asking for the same thing. They have formed a coalition of elected officials to be the foot soldiers for the common goal of the three organizations to do what they can to stop unfunded mandates. Mr. McLaughlin said they have been rallying the troops and getting them up to Hartford. At a hearing last year, they had 25 municipal officials. They would also like to talk to the Board of Finance and the Board of Education. Mr. Major said that this was new to him and the resolution is very specific. Mr. McLaughlin said that we could use any resolution that we want. There resolution is really a template. Ms. Weinstein said that she would like to change words. Ms. Weinstein agreed to reword the resolution and bring it back to the next Board of Selectmen’s meeting. Discussion/decision regarding Commission on Aging proposal for a Senior Tax Freeze. Mr. Bliss said he aggregated all three of the programs into the cap. Mr. Major said that the new proposal still has no interest. Ms Weinstein said she really was not concerned about the interest, but was more concerned with closing the loop hole for people who might have a limited income source but might have a net worth of many millions. She said she did not want to hurt people who are on the abatement program who really need this. Mr. Major said the Town is not in the business of making interest free loans and making loans to people who do not need them. Mike O’Brien, Chairman on the Board of Finance said they supported the freeze. He said they really did not know the population so they do not know what is going to be involved in signing on to this. His sense is there is a very needy group in the bottom third of the population that could utilize this program. Mr. Bliss said after we have a revalue, we will usually lose some people off of the abatement list. He wants to think of ways to handle the situation so that this program works. Ms. Weinstein asked about using net worth. Mr. Bliss said the problem with net worth is that it puts a big administrative burden on the Tax Collector. Mr. Bliss said the best indicator is income. Mr. O’Brien said a cap on the assessed value on the house could also be used. Mr. Major said if we do this in the first year, it should be more restrictive, and as we become comfortable with what is happening, who is applying, what it is costing the Town then you can lift the restrictions. He said we should be comfortable with where we are going here. He did not like the idea of tying this into the $600,000 cap unless it is tied in with very specifically, so that all abatements and deferments are honored first before the freeze comes into play and then prorate the remainder. 4 Mr. Major said under section 10-24 C, you would be eligible for the freeze on the increase of the first $800,000 of assessed value. Mr. O’Brien had said if your assessed value was over $800,000 you did not qualify. Mr. Major said with the revaluation you would knock too many people out. Mr. Major said he would also like to tie the freeze interest rate into the deferment interest rate. Mr. Bliss said he disagreed. Mr. O’Brien said the Board of Finance did not have a problem with no interest rate. Mr. Major said he did not think that it was appropriate for the Town to be making interest free loans. Mr. Bliss will reword the proposed ordinance and bring it back to the next Selectmen’s meeting. Discussion/decision regarding proposal FY08-09 Capital Budget of $1,396,000 from the Capital Advisory Committee. Ms. Weinstein questioned the School Road Guard Rails. She said that she spoke to Police Chief John Troxell and there had never been an accident there. Her concern is if we put the guard rails up there, sidewalks fall by the wayside, which is what she really thinks we need on that road. With the addition of stop signs in front of central office, the chances of a car careening down in the middle of the day, with the metal fence and something happening are going to be slim to none. With all the other expenses we have, it is not a good utilization of our resources. Mr. Major agreed with Ms. Weinstein and felt the $22,000 could be much better spent in creating a much safer environment in a different location. Chief Troxell agreed with Mr. Major and said the accidents he has seen had not been there. Mr. Major said he would rather see the $22,000 go to line 43, for town hall building repairs. Ms. Weinstein said she was very comfortable with that. Mr. Major made a motion that the Board of Selectmen approves a Capital budget of $1,396,000 as submitted with the amendment that line 51 be removed and line 43 be increased by $22,000. Ms. Weinstein seconded and the motion passed unanimously. Discussion/decision regarding adoption of a Town Ordinance Proposed by the Board of Finance to establish a dedicated Post-Employment Benefits (OPEB) Account, to be administered consistent with the terms of a proposed OPEB Trust Agreement - Michael O’Brien, Chairman, Board of Finance. Mr. O’Brien, Chairman of the Board of Finance, presented a trust agreement that was drafted by Shipman and Goodwin. Mr. Major said that this was a very technical document and was a little confused as to why we need to go this route with the trust agreement. Mr. O’Brien said they asking the Board to address the ordinance. The first stage in establishing the trust would be for the legislative body of the Town to provide an ordinance so that it allows for the trust fund to be established. Mr. Major asked if the trust was mandated by the legislature. Mr. Landry said that that was an option that was given to us by statute. 5 There are advantages to us if we do it, which the Board of Finance wants to have those advantages and wants to do it. The Board of Finance was desirous of doing it for two reasons. 1. By establishing this as a trust fund with these rules, since the money can only be spent for that purpose, the actuaries know it is there for that purpose. If it is not dedicated for that you get different rules. You get full accountability to lay off on that. 2. Because it is in that trust the money can be invested in a manner different from our general investment. You could not invest in those vehicles except if you establish the trust. Additionally, the Board thinks that in the future state legislature will allow them to do Bond Issues. Mr. Major asked that the various options that we have are made clear at the public hearing. Also to let them know that given the options that we have available to us that this is the prudent option. A pubic hearing will be scheduled for March 20th at 7:00pm in the Town Hall Meeting Room. Mr. Major made a motion to establish a public hearing on the proposed ordinance for Post Employment Benefits Trust for March 20, 2008 at 7:00pm in the Meeting Room. Mr. Bliss seconded and the motion passed unanimously. Discussion/decision regarding requested supplemental appropriation of $52,852 for partial payment of a police employee claim under CT. General Statute Sec. 7-433C (heart & hypertension)- Tom Landry. (expected vote after executive session) – Discussion in executive session. Discussion/approval of the Board of Selectmen’s minutes of January 17, February 12, and February 14, 2008. Mr. Major made a motion to approve the Special Board of Selectmen’s meeting minutes of February 12 and February 14, 2008 as submitted. Ms. Weinstein seconded and the motion passed unanimously. Any other business to come properly before the meeting- None At 9:12pm Mr. Major made a motion to enter into executive session. Ms. Weinstein seconded and the motion passed unanimously. Executive Session- Heart/Hypertension claim update- Attorney Scott Williams and Morehouse field impact settlement discussion.(Rand McNeil) Attendance and Discussion: The meeting was convened at 9:16 pm in the First Selectmen’s Office by Chairman Bliss, with Mr. Major and Ms. Weinstein present. Also present was Town Administrator Landry. The only item of discussion in the executive session was to receive an update on the status of the Palmiero heart and hypertension claim. Attorney Scott Williams of the firm Maher & Williams provided updated information on the status of the claim. Mr. Rand McNeil was not present so that executive session was not held. 6 After discussion, the Board voted unanimously (Mr. Major, motion; Ms. Weinstein second) to end executive session at 10:04 pm and reconvene in open session. ADJOURN: At 10:05 pm, a motion (Mr. Major, Ms. Weinstein second) to adjourn the meeting passed by unanimous vote. Respectfully submitted Judy M. DeVito Administrative Assistant Approved 5/08/08 |
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