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Board of Selectmen Minutes  |
REGULAR MEETING OF THE LITCHFIELD BOARD OF SELECTMEN
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| Call to Order: Leo Paul, Jr. called the meeting to order at 4:37 p.m. All Selectmen were in attendance; William Dranginis, Ernest Bunnell, Jack Healy and Martha Bernstein. Approval of Minutes: Motion: E. Bunnell moved to approve the regular meeting minutes of October 6, 2009, and J. Healy seconded. All voted aye, except W. Dranginis, who abstained because of absence. Motion carried. M. Bernstein asked if she should request under “Selectmen’s Requests” for an agenda item to be moved up. Mr. Paul replied that she should. Public Requests/Comments: Barbara Putnam read a prepared statement from Winnie Harrison accusing the School Building Committee of going over the $33 million budget, and asked what they are going to do to prevent the overage from being passed on to the taxpayers. Paul Rosenberg referred to Item f) “Discuss Letter Re Cropsey Gun Club & Shooting Range dated 10/15/09” and said that this letter was sent by courier to the First Selectman, P&Z Chairman, and ZBA Chairman by Rhett Brandon, acting as lead plaintiff in the suit naming the Litchfield ZBA as the defendant. He noted that after reading the latest SEEC Form 20 he said both Rhett and Nancy Brandon have each contributed $1,000 to the Bernstein for First Selectman campaign, nearly 2/3 of the first report. Since they are plaintiffs in the lawsuit to be discussed by this board, he felt Mrs. Bernstein should recuse herself from any discussion of the Cropsey matter. Further, since the defendant in the suit is specifically the ZBA, the Board of Selectmen should not lawfully discuss this matter in executive session. If the Board decided to take this matter into executive session as pending litigation, he said he would file a Freedom of Information complaint and seek monetary penalties against the guilty parties as well as full disclosure of the proceedings of the executive session. Selectmen’s Requests: Motion: E. Bunnell moved to add to Interviews and Appointments h) “Appoint David W. Wilson to Capital Improvements Committee, with term expiration 11/2011”. Jack Healy seconded the motion, all voted aye and the motion carried. W. Dranginis said he was told by someone that members of the Public Works Department filed a grievance against either the First Selectman or the Town, and he wondered why the Board of Selectmen has not been notified. Mr. Paul said there is a process in place for grievances and it has not come to that stage yet. Mr. Dranginis said he understood it was not ready for the Board to vote on, but said this is the type of information that he keeps asking for. Mr. Paul interrupted him to tell him this is not the place to discuss union issues. Mr. Dranginis said he is not discussing union issues, he is asking why Mr. Paul did not let the Board know of the existence of this grievance. Mr. Paul called for any other Selectmen’s requests. E. Bunnell asked that it be on the record that this Board of Selectmen’s meeting was the last official meeting to be held in the old Northfield Firehouse. He said there is a tremendous amount of history in that building. Many feel torn about the move, including him, and he appreciated this being made part of the record. Motion: M. Bernstein moved that New Business b) be moved up in the agenda following the Selectmen’s requests. J. Healy seconded, all voted aye and the motion carried. M. Bernstein then asked about the status of the jail. Mr. Paul said he has had no notification from the State about the disposition of the building. The last he knew is that the State was looking into whether there were any State agencies that could use the building. They would then notify Mr. Paul when they had passed that stage. She said someone told her they had seen people from the Town going into the building to inspect it. Mr. Paul said Jack Healy, John Martin from the Town Hall Building Committee, Preservation Trust folks and he had toured it 2-1/2 months ago. NB b) Award Bid for OWL Fire & Motion Sensor Upgrade: Ann Marie White explained the additional upgrades the Library wished to make to the original request, and for that reason went out to bid a second time. They are recommending low bidder Berkshire Alarm. With the upgrades they are still within the capital budget. Motion: M. Bernstein moved to award the bid to Berkshire Alarm for $2,337.69. J. Healy seconded, all voted aye except J. Healy, who recused himself from the vote because his brother works for Berkshire Alarm. Motion carried. Northfield Firehouse Update: M. Bernstein said they have their temporary certificate of occupancy. The fire department is working hard to be ready to move in. E. Bunnell said items still to be done are: 1) radio tower has to be moved, 2) radio system has to be installed, 3) the trucks’ fuel tank has to be connected, 4) the generator has to be connected, and 5) the kitchen sink has to be installed. They are having a problem with the sink. They cannot get a permit because their member who can do the work is not an employee of the Town who is covered by the Town’s workmen’s compensation. They hope to move in by next weekend. M. Bernstein said the plantings look wonderful at the new firehouse. The Committee plans to meet one more time when the paperwork is received from the contractor and architect. School Building Committee Update – Jack Healy: J. Healy reported that they met last week and he said he would not authorize work on some final small job until he received a reconciliation of the books from the Town, School and contractor. At the last accounting in June, there was about $20,000 left. About two weeks ago he was told there was an error. There were expenses incurred by the Building Committee in the beginning, such as building additional classrooms that had not been recorded by anyone other than Finance Director, Cynthia Politano. There was also some FF&E that had not been put into the project books at the School level. The reconciliation showed that with all the commited jobs the Building Committee wanted done, the project would be $92,000 over budget. So, they did not do those things and did not expend any money, so they never went over. As of the accounting they were about $8,000 under budget. With the addition of other monies encumbered but not needed, they have picked up additional funds and are left with a balance of about $18,000 - $20,000. As of the last meeting of the School Building Committee, they are done and under budget. W. Dranginis asked about the school parking lot and Jr. Healy said the parking lot is about ¾ done. The money for it has been encumbered and is not a problem. Mr. Healy announced there is a ceremony and open house at the school at 7:00 p.m. on Thursday to turn the school over from the Building Committee to the Town. Resignations: None Interviews, Appointments & Reappointments a) Interview Francine Spencer for Board of Fire & EMS Commission, term expiration 4/2010: Motion: W. Dranginis moved to approve the appointment and E. Bunnell seconded. All voted aye and the motion carried. b) Reappoint Frank Simone to Capital Improvements Committee, term expiration 11/2011: Motion: J. Healy moved to reappoint Frank Simone as above, and E. Bunnell seconded. Mr. Dranginis said he is against this as Mr. Simone is spread too thin and only attends about half the meetings. Mr. Paul said he is the Board of Education’s selection on the board. Upon voting, all voted aye except Mr. Dranginis, who voted nay; motion carried. c) Reappoint J. Patrick Libert to Capital Improvements Committee, term expiration 11/2011: J. Patrick Libert is the citizen-at-large position on the committee. Motion: J. Healy moved to approve Mr. Libert’s reappointment as above, and E. Bunnell seconded. All voted aye and the motion carried. d) Reappoint Leo Paul, Jr. to Capital Improvements Committee, term expiration 11/2011: M. Bernstein said Mr. Paul has been serving on this committee, and the committee’s policy says it should be a member of the Board of Selectmen and not specifically the First Selectman. Motion: Since he is an ex-officio member of every committee and commission, she thought it would be better to have more members of the Board of Selectmen involved, and she subsequently moved to appoint William Dranginis to that seat. E. Bunnell seconded the motion. J. Healy asked for past practice, and Mr. Paul told him it’s always been the First Selectman because he deals with the budget on a regular basis. Ms Bernstein said the First Selectman will be there with a voice, and he said but no vote. She said she understood, but thought his voice was pretty persuasive. Mr. Healy thought that it would be important that the First Selectman be the one on the Capital Improvement Committee for the reason that he deals with the budget on a regular basis. She then raised the question of Mr. Paul being on the committee if he were not re-elected to First Selectman. Mr. Paul said even though the policy says “member of the Board of Selectmen”, it has always been the First Selectman for this reason. Mr. Healy also said that any one of the selectmen who is voted into this position runs the risk of not being elected. After some argument, it was decided to table this item until after the election, and Ms Bernstein withdrew her motion. Motion: J. Healy moved to table the appointment of Leo Paul to Capital Improvements Committee, and E. Bunnell seconded the motion. Mr. Bunnell suggested changing the policy to name the “First Selectman” to that position so that whoever the First Selectman is will take that slot. Upon voting to table, all voted aye and the motion carried. e) Reappoint Edwin J. Evers to Capital Improvements Committee, term expiration 11/2011: Motion: W. Dranginis moved to reappoint Edwin J. Evers as above, and E. Bunnell seconded. All voted aye and the motion carried. f) Reappoint David T. Wilson to Capital Improvements Committee, term expiration 11/2011: Motion: J. Healy moved to reappoint Mr. Wilson as above, and W. Dranginis seconded. All voted aye and the motion carried. M. Bernstein noted that this position is named “Treasurer” on the policy. g) Reappoint Joann Brogis to Capital Improvements Committee, term expiration 11/2011: L. Paul said that Ms Brogis is in the Planning and Zoning member slot and has served since 2006 and is anxious to serve again. She was appointed in that position because there was no one else to serve. E. Bunnell said he thought very highly of her at the meetings, and considered her a value added. Motion: W. Dranginis moved to table this appointment until P&Z can be approached for a recommendation. M. Bernstein seconded, all voted aye and the motion carried. h) Appoint David W. Wilson to Capital Improvements Committee, term expiration 11/2011: L. Paul explained that Mr. Wilson would be taking the Board of Finance slot vacated by Paul Parsons. Motion: J. Healy moved to appoint David W. Wilson as above, and E. Bunnell seconded. All voted aye and the motion carried. Declined Reappointed: Paul Parsons to Capital Improvements Committee Liaison Reports/Commission-Committee Minutes: 8/26/09 & 9/30/09 EDC minutes; 9/21/09 P&Z minutes (draft); 10/8/09 BOE curriculum/Programs & Personnel Committee minutes; 7/9/09 & 9/10/09 Board of Fire & EMS Commission minutes; Vacancies: The list of current appointed vacancies is as follows: Beautification Commission: One regular member, 2/2010, one alternate 2/2010 Conservation Commission: One alternate member 12/2009 Economic Development Commission: One alternate member 6/2011 Board of Ethics: Two regular members 6/2012; two alternate members 6/2010, 6/2011 Milton Historic District Commission: Two alternate members 1/2012 Northfield Firehouse Building Committee: 1 member Park & Recreation: 1 alternate member 6/2009 Recycling Committee: One member, 2/2012 Sandy Beach Commission: One regular member 12/2011 Veteran’s Advisory Committee: One regular member 8/2009; two alternate members 8/2009 Water Pollution Control Authority: One alternate member; 1/2010 Tax Refunds: None Transfers: None Old Business: None New Business a) Approve Center School Office Furniture Capital Project Bid to School Specialty: Tony Crowe, Schools Facilities Manager, explained there is $15,000 in this year’s capital budget for Center School furniture, and they would like to spend $9,853.97 to replace the office furniture. Motion: W. Dranginis moved to approve the bid award to School Specialty (State bid) for $9,853.97, and J. Healy seconded. All voted aye and the motion carried. [At this point J. Healy has removed himself from participation as a selectman in Item b, and the quorum is made up of M. Bernstein, E. Bunnell, W. Dranginis and L. Paul.] c) Award Bid for Old Smith Road Intersection Upgrade: J. Healy, Public Works Director, explained that the work on the lower end of Old Smith Road has been completed, but the rest of the work requires a significant amount of work. For the intersection upgrade he is recommending the bid be awarded to Stonybrook Construction, LLC in the amount of $23,860. The contractor is ready to begin upon approval. Motion: E. Bunnell moved to award the bid to Stonybrook Contraction, LLC for $23,860 and M. Bernstein seconded. All voted aye and the motion carried. [Jack Healy is now back participating as a Selectman.] d) Award Contract for Litchfield Fire Company Pumper Truck: Deputy Chief Ed Evers explained that the Capital Committee had approved $475,000 for this replacement of Engine 2, at a cost of $468,929.00. Three bids were opened with the recommendation from the committee of low bidder Pierce Manufacturing. The Fire Commissioners also voted to award the bid to Pierce. Upon W. Dranginis’ question, Mr. Evers said the old truck will not be traded in, but sold independently. By paying 50% down at the time of order of the new truck, the firemen were able to save about $10,000 off the price of $468,929.00. Motion: W. Dranginis moved to approve the bid award to Pierce Manufacturing for a new pumper truck in the amount of $468,929.00. E. Bunnell seconded. J. Healy asked Finance Director Cynthia Politano if the Town is comfortable with prepaying the 50% down, and she said yes, they did it for the last one. Upon voting, all voted aye and the motion carried. e) Discuss Land Use Hiring Process: M. Bernstein said that the situation that happened during the hiring of the Public Works Director informs her view of this. The time to involve volunteers and a larger group of people in discussion of what the job description and job qualifications should come before posting the job. Problems could have been saved in J. Healy’s hire if that committee had looked at the job description before the process began. If there were to be a review now of the job description and something looks like it could be changed, the job could be reposted. In this case the proper group of people to get together for input would be the chairmen of the five Land Use boards and the First Selectman. Mr. Paul said the job description has been in place for a number of years and had been reviewed and changed by the committee, specifically by the chairman of the Planning and Zoning Commission, before the last hire of a Land Use Administrator. The change was to require the employee to participate in all the Conservation Commission meetings. In the employee’s exit interview with Mr. Paul, he suggested the Land Use Administrator be required to attend the Conservation Commission meetings only on an as-needed basis. That is the only change Mr. Paul made to the job description this time. The salary, by union contract, only allows 20% below the current salary of the person, or 20% above. So the Committee cannot make any decision on any changes in the salary range. This position is a Town employee, reporting directly to the First Selectman. The objective is to hire someone who would be fully qualified to act as the Zoning Enforcement Officer. To ask our volunteers to adjust a job description that has been accepted by the Union is not the right process to follow. Mr. Bernstein said first, he would not have to take their suggestions, but should be interested in them. Secondly, if they bring a case for change to the Board of Selectmen, the Union salary could be adjusted. W. Dranginis agreed, saying Mr. Paul should consult with the people who work with this position on a daily basis. Mr. Paul said the hiring committee is made up of the chairmen of the P&Z, Inland-Wetlands, ZBA, and a member-at-large. Mr. Paul said he would give the committee a job description after it had been formed and have them review it; however, the chairmen from I-W and ZBA have already said they have no interest in reviewing the job description; they just want to be sure and hire a qualified person. All the dissention is coming from the P&Z Commission. M. Bernstein thought this has nothing to do with P&Z and brought up the hiring of the Public Works Director again. Mr. Paul said he felt Mr. Healy should not be pleased with his name being thrown around as a benchmark for creating a hiring process. He said further, that Ms Bernstein was a member of the hiring committee then, and it realized that increasing the responsibility of the Director of Public Works was a long-time goal, and she agreed. Upon the direction of the committee Mr. Paul went to the Board of Finance to request a salary increase. Only after that did it become a concern to Ms Bernstein because people were raising issues. She then said she had expressed a desire in committee to have the job reposted because of the changes. The other members of the committee, however, disagreed with her. f) Discuss Letter Re Cropsey Gun Club & Shooting Range dated 10/15/09: L. Paul explained that he delayed posting the agenda because E. Bunnell asked for this letter to be on the agenda and also to go into executive session to discuss the letter from Mr. Brandon. It is not appropriate to go into executive session on this matter because this is in litigation between Mr. Brandon/other neighbors and the Zoning Board of Appeals. The Board of Selectmen has no business discussing the merits of the litigation. Mr. Paul said he has drafted a response that says this is not an issue the Board of Selectmen is involved in. Therefore if there is any question or discussion on moving forward on a settlement, you need to discuss this with the parties involved through Attorney Byrne, who represents the Zoning Board of Appeals. W. Dranginis said that at some point this could come across the Board of Selectmen’s table, and L. Paul and J. Healy said no. Mr. Healy explained the process to him. Mr. Paul said the letter asked the Board to sit down and discuss a settlement which is clearly not the Board’s responsibility. Ms Bernstein then asked about the land regulations and if the Board could suggest a change to the regulations as had been done in a past instance. Mr. Paul said that was irrelevant to this situation and said she was going off point. Town Counsel Mike Rybak said he enjoyed working with the Board and agreed with E. Bunnell’s comments on the old Northfield Firehouse. He then explained the status of the case and possible outcomes. He reiterated the fact that this does not involve the Selectmen and urged the Board to resist the temptation to be drawn into attempts by people during election time to get the ear of individual members or the group to see if pressure can be brought to bear on litigation. He said the Board should not be meeting with any of the plaintiffs in any official or personal capacity because it may compromise the proceedings. They should also stand behind the ZBA’s decision because of the integrity of the process. He added that a proposal to regulate shooting ranges would require a number of boards to agree, including the P&Z. Any citizen, or the Board of Selectmen, can initiate the process for a regulation amendment. He would also encourage those boards to have the same kind of discussion in open session to preserve the integrity of the process. Correspondence: None Executive Session: Motion: J. Healy moved to go into executive session at 5:45 p.m. for the purpose of talking about Union negotiation status. W. Dranginis seconded, all voted aye and the motion carried. They came out of executive session at 6:00 p.m., with no action taken. Motion: W. Dranginis moved to adjourn at 6:00 p.m. and J. Healy seconded. All voted aye and the motion carried. Leo Paul, Jr., First Selectman
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