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					Board of Selectmen Regular Meeting Monday, June 1, 2009

Present: First Selectman Earl MacInnes, Selectman Bill Marchand, Selectwoman Phyllis Webb, Building Inspector Paul Volovski, Members of the Public: Dan Jerram, Reggie Smith Jr., Joe Gareis (reporting for New Hartford Plus), Alesia Kennerson (reporting for New Hartford Plus), Roy Litchfield, Dan Charest, Tom Goddu, Christian Goddu, Member of the Press Kari Banach (Republican – American), David Hutter (Register Citizen), Administrative Assistant Christine Hayward. First Selectman MacInnes called the meeting to order at 5:30 PM. MOTION: by Marchand, second Webb to add Executive Session for the purpose of discussion of pending litigation with respect to the lease agreement for the Brodie House. The item shall occur on the agenda immediately following the discussion of the inspection of the Brodie House. Unanimous. Minutes: Approval of the minutes dated May 18, 2009 was tabled until the next meeting. Opportunity for Public Comment: Roy Litchfield stated that he was interested in being able to offer comment on agenda item number 10. Mr. MacInnes asked that he wait until that point in the meeting to offer his comments. Inspection of Brodie House: Building Inspector Paul Volovksi was introduced by First Selectman Earl MacInnes. Mr. MacInnes informed those present that Mr. Volovski was present to report to the Board his findings regarding the condition of the Brodie House. Mr. Volvoski stated that he had completed an inspection of the house at the request of the First Selectman. He reported that the floors on the first floor have been refinished. The kitchen area has new ceiling trim in place. Electrical outlets are working; no problems noted with the electrical system. Mold that once existed has been cleaned up; the current tenant has found the source of the mold (a leaking shower on the second floor) and has made the decision not to use that shower until it is fixed so that mold will not reappear. The second floor is in overall good condition. There is evidence of water damage in a second floor bedroom, but there is no evidence of a continuing leak. The bathroom is functioning and everything is clean. Smoke alarms are working through out the house. GFI’s have been installed where needed. Paul noted that the only area of concern is the “garage” adjacent to the house. This area cannot be used for motor vehicles as it lacks the proper fire barrier. The tenant is aware of this restriction and uses the area for storage. Mr. Volovski noted that vast improvements have been made to the basement. Junk was previously stored down there, and it has all been removed and a thorough cleaning of the area has occurred. He also noted that the furnace is relatively new and that a sump pump has been installed and is operational to prevent water from entering the basement. Mr. Volovksi added that there are support columns (posts) on the front porch that may need to be replaced. Mr. Volovksi noted that he did not go up onto the roof. He did notice roofing materials on site (shingles and plywood) and was told that these will be used to repair the front one half of the

Minutes – Board of Selectmen June 1, 2009 p. 2. roof over the west wing. Paul also noted that flashing around the chimney could stand to be replaced. Paul summarized his inspection by stating that there has been a vast improvement to the place since his last inspection in October of 2008. The condition of the house has improved dramatically. He does not have any health, welfare or safety issues to report. Paul commented. “what a difference it makes when one has a tenant who cares or has a lot of pride about a place.” Some questions were posed to Mr. Volovski, including concerns about asbestos. Mr. Volovski replied that the only area where there may be asbestos is in the exterior siding. However, he noted that it would not be an issue as it could be left in place and covered with tyvek and additional siding. Ms. Kennerson asked if the support columns mentioned earlier were an urgent matter. Mr. Volovski replied that they were not. First Selectman MacInnes noted that he would be asking Mr. Volovski to perform the same type of inspection for the “Surdam property” He noted that he would make arrangements with Mr. Fenwick . Mr. MacInnes pointedly asked Mr. Volovski (noting that the two of them had visited the house together in September/October of 2008). “Do you feel that soap and water and hard labor helped the conditions?” Mr. Volovski replied that, “a lot of paint, sweat equity, a floor sander, stopping the use of the shower on the second floor all did their part.” Mr. MacInnes thanked Mr. Volovksi for his report. MOTION: by Webb, second Marchand to enter into Executive Session to discuss pending litigation regarding the Brodie House lease at 5:50 PM. Unanimous. Mr. MacInnes noted that he would invite Dan Charest into the Executive Session as Dan is a member of the task force (along with Selectman Marchand) that was established to consider the lease and how to move forward. Mr. MacInnes informed those assembled at the meeting that the Executive Session was being held during the middle of the meeting as Mr. Charest had a conflicting appointment and could not wait until the end of the meeting for this item to occur. Mr. MacInnes noted that this should not take long and stated that the members of the public would be called back into open session as soon as possible. MacInnes, Marchand, Webb, Charest and Administrative Assistant Christine Hayward entered into Executive Session. MOTION: by Webb, second Marchand to exit from Executive Session at 6:19 PM. Unanimous. The public was called back into the Conference Room and informed that no action was taken as a result of discussion occurring during Executive Session. Brodie House Task Force: Mr. MacInnes informed all that he had extended invitation to Friends of Brodie, Recreation Commission and the Board of Finance for members to serve on the task force that would be responsible for researching all town owned rental properties. To date, no members have come forward to serve in this capacity. Current members on the Task Force are: Two members at large – Reggie Smith Jr. and Alesia Kennerson, and Andy Riess will serve as a representative from the Seniors. Mr. Smith distributed an organizational list of issues to discuss. The task group will investigate what is and what is not feasible for use of the various town owned rental properties.

Minutes – Board of Selectmen June 1, 2009 p. 3. Berkshire Hall Roof Contract: Mr. MacInnes informed the Board of Selectmen that the certificate of insurance presented by the contractor for the Berkshire Hall roof does not include workers’ compensation insurance. This is a major issue. An injury suffered by the contractor or his employee would adversely affect the work experience rating for the town. The town cannot, on the advice of the insurance carrier, assume that liability. Mr. MacInnes stated that the contractor will have the opportunity to obtain workers comp insurance. There are also a couple of other details that the contractor needs to see to prior to approving the contract. The Building Inspector needs a copy of the contractors license and there is a state required affidavit that needs to b e executed by the contractor as part of the building permit process. These items need to be completed prior to formally awarding the contract. Member of the Public Dan Jerram asked that the life rating of the shingles used to reroof the building be noted in the minutes so that in the future there will be no question of what shingles were used. (this information was not known at this time, therefore no claim can be made in this set of minutes.) Roy Litchfield asked if it was common practice for the town to pay vendors up front for work, adding that this is not an optimal situation. Mr. MacInnes replied that the town could write the check directly to the supplier for materials if the issue of payment was a concern to Mr. Litchfield. Discussion of Peddlars Ordinance: First Selectman MacInnes stated that he had distributed copies of ordinances from other towns to the Selectmen. Attorney Roraback had supplied a copy of the ordinance presently used in Goshen. He asked if they had an opportunity to review them. MacInnes stated that he thought it would be best if the Selectmen pull pieces together from each ordinance in order to eventually come up with one that they would recommend to be considered at a Town Meeting. Selectwoman Webb had some questions regarding some of the material. She noted that she had sent an e-mail with those questions to the Selectmen and to Attorney Roraback for comment. One question she had was related to house to house vending, wondering if that specifically could be prohibited. Mr. MacInnes noted that house to house sales are often a concern for residents. They fear for their safety if this type of vending is permitted. MacInnes commented that there are lots of questions that will need to be answered before settling upon the terms of a peddlars ordinance. He suggested that the Board seek an alternate plan of action for addressing “permits.” MacInnes stated that he had spoken with Town Attorney Roraback and that permits of this type could be handled by the Zoning Department. MacInnes informed the Selectmen that the Board of Selectmen could make a decision that they were no longer the entity to issue peddler, hawker, or vending permits. If the Board so chooses, this matter could be handled in accordance with zoning regulations. Mrs. Webb asked if the hot dog stand that has been operating every weekend in Satans Kingdom would continue. Mr. MacInnes replied that the specific application was never acted upon. The permit fee check was never cashed. Whether or not she is in violation of the existing ordinance would be a matter for the attorney to decide. If permits become the responsibility of planning and zoning, it would require adherence to their regulations. Mr. Jerram interjected that his recollection was that there had been action taken regarding the permit application and that it was formally denied at a prior Selectman’s meeting. Mr. Marchand asked if Mr. MacInnes was suggesting that planning and zoning was the route to go with this matter. Mr. MacInnes replied that the Board has been patient with the route that the hot dog vendor has chosen to take. “We told her no and she has taken an opposite action. Turn it over to P&Z and let them handle it.” Mrs. Webb asked what the results would be if that were the route taken. MacInnes replied “She could be shut down.” Reggie Smith expressed concerns that the Selectmen were turning the issuance of vending permits over to P&Z “How are you doing this?” he asked. MacInnes responded, “on the advice of town counsel, it appears to be the best way to handle this situation

Minutes – Board of Selectmen June 1, 2009 p. 4. at this time. “ Mr. Smith asked if a cease and desist order would be handed down. Mr. MacInnes replied that “according to zoning regulations, if it is not specifically permitted, then it is prohibited.” MOTION: by Marchand, second MacInnes, the Board of Selectmen will suspend issuing peddlars, hawkers, or vending permits; all applications for such permits will be referred to the zoning enforcement officer to be acted upon in accordance with zoning regulations. Mrs. Webb asked if town council had specifically recommended this action. Mr. MacInnes replied that he had discussed this with him. Unanimous.

Discussion of contracts – water and sewer: Mr. MacInnes informed the Board that as of June 6, 2009 the contract for services with CT Water for operations and management of the water and sewer system ends. The contract has been in effect for ten years and the WPCA decided last year not to automatically renew the contract. The WPCA requested a proposal for services from CT Water to handle all aspects of the water operations and a separate proposal to handle the aspects of the sewer collections system. CDM was requested to provide a quote for services related to the operation of the Wastewater Treatment Plant. Earl noted that the contracts are with the town, not the WPCA, even though it is the WPCA who is responsible for the oversight of the water and sewer systems. The contracts need to be accepted by the WPCA with authorization given to the First Selectman to sign them. Since time is of the essence as CT Water personnel will be pulled from the WWTP operations as of June 6, the WPCA has called a special meeting for Tuesday, June 2 to review the contracts. Discussion turned to the costs associated with the proposed services. Mr. MacInnes stated that CT Water has quoted $54,000 for the sewer collection system and $91,680 for water operations. CDM has quoted $117,000 for the WWTP operations. MacInnes noted that the WPCA has left little time for consideration of any other options as there needs to be action taken by June 6. The costs presented are for routine charges and do not reflect charges that may be incurred for “non-routine” services. Those charges will be billed as needed. There are hourly rates submitted for those charges, but the actual costs will be unknown. MacInnes stated that it was expected that fees for services would increase, due to the fact that the “town is coming off of a 10 year commitment.” Reggie Smith suggested that the town/WPCA investigate the option of bringing the operations back “in –house.” The town could hire certified operators as they did prior to contracting with CT Water. MacInnes replied that the WPCA will be investigating several options for operations in the future. Mr. MacInnes stated again that discussion of the contracts will be held the following evening at a special WPCA Meeting. He will not sign the contracts unless both boards are comfortable with the contracts and have given their approval to do so. Selectman Marchand replied that the WPCA needs to take the lead regarding the contracts. If they recommend the acceptance of the contracts, then he has no problem supporting that. Mrs. Webb agreed. MOTION: by Marchand, second Webb that the Board of Selectmen authorizes the First Selectman, upon approval and recommendation of the New Hartford Water Pollution Control Authority, to enter, on behalf of the Town of New Hartford, into agreements with CT WATER for services related to operations/collections of the water system and services for the collection system of the sewer system and also to enter into an agreement with Camp, Dresser & McKee

Minutes – Board of Selectmen June 1, 2009 p.5. for operations of the Waste Water Treatment Plant facility, requesting that the agreements be cosigned by representation of the WPCA. It was recommended that in order to avoid any question in the future as to who made the decision regarding entering into the contracts, the contracts should be signed by representation from both the town and the WPCA. Unanimous. WWTP – update, early start, review of invoices: First Selectman MacInnes informed all that construction at the Wastewater Treatment Plant would have an early start on Tuesday, June 9, 2009. A “concrete pour” is scheduled for that day and it will be necessary to start the process at 6:00 AM, rather than the normal start time of 7:00 AM. There will be as many as 40 cement trucks total bringing in a continuous supply of cement to the site. The early start ensures that the job can be completed that day. MacInnes noted that this will be an inconvenience to those that live in the area and he expressed his advance appreciation for their understanding of the situation. He will deliver notification of the event to the residents so that they will have advance notice. Mr. MacInnes presented invoices to the Selectmen for approval. The Building Oversight Committee has reviewed them and approved them for payment; now it is time for the Board to authorize payment. MOTION: by Marchand, second Webb to authorize payment to CH Nickerson for payment application numbers 1($158,818.15) and 2 ($238,599.15) for a total of $397,417.30. Unanimous. MOTION: by Webb, second Marchand to authorize payment to CDM for professional general engineering services - $11,479.53 (invoice number 1) and for resident engineering services - $4,748.48. (invoice number 1).

Unanimous. Discussion of Road Crew – Friday Holidays: First Selectman MacInnes noted that since the road crew is working a four day work week for the summer, it is necessary to make arrangements for the Fourth of July Holiday which takes place on a Friday. How did the Selectmen wish to deal with this… Close on Thursday or offer a floating holiday to be taken at the discretion of each employee? The Selectmen agreed (no formal motion) that it would be in the Town’s best interest to offer a floating holiday. Mr. MacInnes will inform the road crew of that decision. Any Other Business to Come Before this Board: Request for Tax Refund: MOTION: by Webb, second Marchand to approve a request for refund of Motor Vehicle Property Taxes in the amount of $77.07 to Toyota Motor Credit Corporation due to adjustment made after payment.


Minutes – Board of Selectmen June 1, 2009 p. 6.

Appointment to Economic Development Commission: Dave Childs, chairman of the EDC has requested that the Board of Selectmen appoint Anthony Piana to serve as a member of the Economic Development Commission. The Selectmen will act on this at their next regular meeting. Correspondence: Mr. MacInnes noted that a request for reimbursement for expenses has been received by Mike and Deb Kuszaj in the amount of $500.00. They claim that a tree that was on town owned property fell onto one of their vehicles on June 20, 2007 and caused damage to their vehicle. They had originally thought that the tree belonged to a neighboring property owner and had been corresponding back and forth with them regarding the incident. They recently learned that the abutting property owner has claimed that the tree was not their obligation as it allegedly sits on town owned property. The Kuszaj’s have done some research of land records and have come to the conclusion that the tree is the town’s responsibility. It is their belief that due to lack of proper maintenance, the tree was a hazard and therefore the town should be responsible for the costs incurred to repair damage to their vehicle. They are seeking the $500.00 deductible from the town. The Selectmen did not make any decision regarding this request. They tabled the matter and asked that Mr. MacInnes make contact with Mr. and Mrs. Kuszaj to discuss this issue.

Litchfield County Dispatch Contract: The annual contract for services with Litchfield County Dispatch has been received. The per capita costs to the town remain the same as 2008-2009. MOTION: by Webb, second Marchand to authorize First Selectman MacInnes to sign the contract for services with Litchfield County Dispatch. Unanimous Farmers’ Market:. Christian Goodu was present to show a “carrot sign” that is being fabricated to encourage people to attend and support the Farmers Market. The signs will be placed in various locations on days when the Farmers Market is held and it is hoped that they will serve as a reminder for folks to visit the market. Mrs. Webb thanked Christian for attending. MOTION: by Marchand, second Webb to adjourn at 7:30 PM. Unanimous.

Respectfully Submitted,

Christine Hayward Administrative Assistant

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