The Regular Meeting of the Town of Plymouth Town Council, December 2, 2008 was called to order at 7:00 p.m. by Mayor Vin Festa in the Community Room, Town Hall.  In attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel,  Mayor Vin Festa, Robin Gudeczauskas, Council Clerk.

Fire Exits – Noted for the record

Pledge of Allegiance

Acceptance of Minutes
a. Regular Meeting dated October 7, 2008
MOTION:  To accept the Regular Meeting Minutes of October 7, 2008 by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
b. Special Town Council Meeting dated November 10, 2008
MOTION:  To accept the Special Town Council Meeting Minutes of November 10, 2008 by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

Council Rules and Procedures - none

Mayor’s Report –
Zoning Enforcement Officer Hired, Mr. David Elder – Background given noting much experience through career, involved with Brownsfield in Naugatuck Valley; Council of Governors in southwestern section of CT; worked in Windsor Locks in enforcement; Senior Planner; versed in legal issues.  He was a finalist in the position for our Town Planner, highly qualified with college credentials; high recommendation from references.  He is doing an excellent job so far, working 2 days per week and Saturdays which accommodates many townspeople.

Budget Preparation for FY 09-10 is underway – Dave Bertnagel is in the process of moving forward; staff meeting this week to discuss preparations as well as he and the Mayor are meeting with boards/commissions to bring up to date on the kinds of requisitions looking for and process to be followed.

Spending Freeze to be activated – in packet is a letter going to staff relative to department heads on spending freeze to be activated next week in taking conservation measures on electrical and heating; supplies by doing double sided copying and to have secretaries do double sided; no more color ink in printers.  Due to economy what it is, indication in today’s news, realizing in recession and if not improving will have worse activity; need to stay within budget guidelines and adhere to actual spending as necessary.  Anything above and beyond needs Mayor and Comptroller approval.

Relocation of Human Services and Fire Marshal Offices to Main Street School – have had a great deal of discussion since VNA was dissolved and the impact on that building on Main Street where they were housed for maintenance, electrical, heat, etc. was not cost effective for two people in that building.  As a result of discussions with the Superintendent there are rooms available and it will make it easier for senior citizens to have access to Human Services and the Fire Marshal will also be there.  This move will save on winter upkeep and maintenance on current offices.  Will talk with BOE relative to amount of space using.

State Capitol – Property Tax Relief Meeting – Leeann Meyers and the Mayor were invited to participate in symposium at Legislative Office Building two weeks’ ago with good discussion from panelists re property tax relief and sad component that nothing can be done this year to enact tax legislation to give property relief.  Told Legislation have passed for municipalities options such as freeze in place and pilot component where municipality had motel/hotel within town on surcharge of local tax per room per evening and goods/services on tax for this community and keep tax for ourselves.  Question impact on local tax payer to provide them tax relief and do not see equation; for now no legislation forthcoming.  Talking changes in Washington which will bring relief to cities and towns.  If money is forthcoming any project that is shovel ready will be considered and in regard to that we have been getting projects up and running, looking into and sending notices to Washington.

Comptroller Meetings with boards and Commissions – reviewed earlier.

Auditor’s Report – setting up last phase; Comptroller met with them today to pick up remainder of outstanding issues; one of which was cemetery committee reports which have been brought forward; will receive information for final report which will come back for publication.

Homeland Security Grant for ATV Rescue Vehicle – secured and received notification $9900 will be received; and in discussions we have additional approximate $24,000 sitting there that is ours and have spoken with Paul Schwanka to put in application for necessary equipment.

Meeting with L. Wagner Regarding State/Federally Funded Grants – they handle our Small Cities and Towns Block Grant applications (STEAP) and hope we will have some money available for local community.

Back Tax Collections – Ted Scheidel could not be here but has reported back taxes have been increasing each day and a great deal of money has come in, over $140,000 so far, and continues to come in.  Grateful he is working with tax office to bring in back taxes to alleviate financial problems.

Public Comments on Non-Agenda Items
a. Melanie Church, 328 Main Street, Terryville – you have talked about Mayor’s reports and ask question re (1) Homeland Security Grant and doesn’t police come under and could use it also for surveillance cameras; Mayor Festa stated it is a potential for that.  Mrs. Church stated they had requested something and were told it could not come until next budget, and this is for safety into police department.  (2) Back tax collections, thinks our Board of Finance and Dave Bertnagel and Ted Scheidel need to be thanked for the back taxes being collected more aggressively this year as they stayed on the tax collector.  Know Vinny lost some help in his office by Ted taking that over and he needs to be complimented; Dave Bertnagel back in January when received list of back taxes it opened BOF eyes.  These people need to be complimented because they have not let up in asking questions.  Ted went over and above his job in pulling these out and Sal Vitrano also in his work in collecting money.  Too bad it wasn’t done sooner and now is better than never.  (3) Auditors report, will that be ready for the election; Mayor Festa stated it will be ready within the next month. 

Appointments/Resignations:

MOTION:  To accept the resignation of Mr. David Barbieri from the Capital Improvement Committee with great regret, by Councilwoman Jandreau; second Councilwoman Denski. Discussion:  Councilwoman Jandreau stated Dave gave this up to get on Charter Revision and help was needed there and he did this to help out.  Vote: unanimous.

To Discuss and Take Action To Approve Statement Of Support Challenge of the National Guard and Reserve – Mayor Festa stated in packet is correspondence relative to explanation of this movement forward through US Conference of Mayors; information from email is self-explanatory and the question is if Plymouth is signing on as municipality in support of National Guard and Reserve relative to growing involvement in national security.  They are attempting to get a nationwide movement of cities, towns and Mayor’s, and want to “recognize the National Guard and Reserve as essential to the strength of our Nation and the well being of their cities.  In the highest American tradition, the patriotic men and women of the National Guard and Reserve serve voluntarily in an honorable and vital profession.  They train to respond to their community and their country in time of need.  They deserve the support of every segment of our society.”  The National Guard and Reserve do not receive the same recognition as enlisted individuals in armed services and the Conference of Mayors is looking into giving recognition and support to these groups and individuals.  Councilwoman Schenkel asked if this support statement is saying we will provide employment and will give flexibility to participate; Mayor Festa stated that would be part of it such as regular enlistees and draftees are entitled to.  Councilman Gianesini stated Reserves and Guards have been put into the position, other than when major conflicts in World War II or Korea, and have been put to the test to be away from families and jobs, stressful on individuals and families and employers where no back up.  Sacrifice giving to country deserves sacrifice the rest of us have to do; and look today in Iraq and Afghanistan where the majority are from Reserve and Guard.  We are lucky in this area where no natural disasters and they are being called upon to assist civilians. Their roles deserve support and respect.  Too many instances where people coming back and laws being broken in regard to employment and we should recognize them.
MOTION:  To authorize the Mayor, Vincent Festa, to sign the Statement of Support document on behalf of the Town of Plymouth, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Enter Into Executive Session For The Purpose of Union Contract Negotiation Considerations; AFSCME/UAW
MOTION:  To go into Executive Session at 7:23 p.m. for the Purpose of Union contract negotiation considerations, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Mayor Festa stated the Council is out of Executive Session and back to the regular meeting at 7:44 p.m.

To Take Action, As Necessary, From Executive Session
MOTION:  To accept the Contract for WPCA and Public Works for the Town of  Plymouth by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Take Action On Resolution For Supplemental Agreement Between Town of Plymouth and the Connecticut Water Company (Water Booster Station – Industrial Park)
MOTION:  “AGREEMENT dated this 2nd day of December 2009 between the Town of Plymouth (the Town), a municipal corporation located in the County of Litchfield, State of Connecticut, acting herein by its Mayor duly authorized, and The Connecticut Water Company (the Company), a corporation organized under a special charter of the General Assembly of the State of Connecticut.  WHEREAS, the Town is expanding the Plymouth Industrial Park (the Park) located off Napco Drive within the Town and requires water for domestic use and fire protection therein:  WHEREAS, the Company is a public service company subject to the jurisdiction of the Connecticut Department of Public Utility Control (DPUC) and has a franchise to supply water in the Town of Plymouth and presently supplies water to portions of the Town; WHEREAS, additional facilities to supply water to the Park expansion are needed; and WHEREAS, the Company cannot provide needed service to the Park expansion through its existing facilities or through an expansion thereof; NOW THEREFORE, in consideration of the mutual promise contained herein and subject to the conditions set for in the original agreement between the Town and the Company dated the 22nd day of February 1972, amended as hereinafter set forth, the parties agree as follows:  1. Amend Paragraph 1 by adding the following: The Town shall cause to be constructed at its cost a water booster pump station (the Station) to supply water and public fire protection within the Park expansion.  The Station shall be substantially as shown on a map entitled “Contract Drawings, Plymouth Industrial Park-Phase III, Water Booster Station” prepared by Maguire Group, Inc., New Britain, CT dated July 31, 2007, which is hereby incorporated herein by reference.  The Station shall include pumps, expansion tanks, generator, valves, piping controls and other appurtenances necessary for the operation of the Station.  All Materials shall be as indicated in the contract documents.  The Station shall be located in an easement to the Town.  The Station shall be constructed in conformity with rules and regulations of the DPUC relating to public water systems and in accordance with good engineering practice.  2. Amend Paragraph 7, Section C by adding: Completion of the expanded system in conformity with this Agreement and to the reasonable satisfaction of the Company not later than September 5, 208.  By Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

To Approve Town Council Meeting Schedule 2009
MOTION:  To approve the Town Council meeting schedule for 2009 by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  Councilwoman Jandreau stated the meeting of November 4, 2009 will be a special meeting.  Vote: unanimous.

Council Liaison Reports
a. Councilman Gianesini – summarized meetings attended for Inland Wetlands and Planning and Zoning; WPCA cancelled; School Building.  At I/W it was noted the State is looking for list of projects that could be started quickly as well as authorizations by I/W and P&Z,  and Tony Lorenzetti was looking to get that list compiled and should be complimented as well as commission members for their input.
b. Councilwoman Jandreau – ZBA did not meet; I/W met to discuss grant and O/Z Gedney property; Housing Authority; Fire Commission and Fire Marshal reports read into record.  Board of Health and Human Services did not meet; Public Works, Mr. Lorenzetti’s report did not come through; Mr. Schultz report read into record.  Charter Revision met and took some votes for town manager form of government and appointed tax collector and town clerk.
c.  Councilwoman Schenkel – EDC meeting very productive and met new town planner, Khara Dodds; Blight Committee meeting; Board of Finance.
d.  Councilwoman Denski – Parks and Recreation noting Lake Winfield is the top priority and questioned when the Waterwheel park is complete who will be responsible for it; Mayor Festa stated he has discussed this with Public Works and Recreation, how the Charter references this and should a Facilities Manager be determined from current employees who will be responsible for lawn mowing, maintenance, etc. When the waterwheel is complete it will be a great undertaking to maintain this park and it will need to be well documented.  Library Board, roof complete and inside looks good and believe it stayed within the budget; new community resource board up; art raffle going on.  Questioned if Boards can do fundraisers.  Mayor Festa stated they cannot do that and contribution would need to be in form of contribution through Comptroller’s office and he will research further.  Councilwoman Jandreau stated Human Services tried that and were told to stop, discussion held.  BOE – CT Association of Public Schools and Superintendent awards given; will received Award of Excellence from CABE for technology; THS sign will be marquee with orange/black and kangaroo on sides by Lauretano Design.  Punch lists at high school are being worked on.  NEASC gave preliminary report.  PTA Council is sponsoring a comedy hypnotist on Friday, Dec 12th.

Public Comments
a. Melanie Church, 328 Main Street – (1) Human Services and Fire Marshal are moving to Main Street School, is this decided we will keep this property and why moving.  Mayor Festa stated, no, the move is strictly for conservation purposes to cut costs where we can.  Have a difficult time with snowplowing of walkways around building at Main Street and with Leeann being only one there during day, for clinics, etc and some health issues to take place for seniors it is much easier for them to walk over flat land of parking lot at school.  Same thing for Jack and his department will move from 3rd floor to main floor and move is for the time being.  (2) How are we dealing with elderly getting in with stairs.  Mayor Festa stated it is flat and right down hallway from back parking lot.  There will be privacy provided when the doctor comes in to do work with elderly people as well.  (3) Heat exchanger behind the Eli Terry Middle School which came off and put up a new one with renovations and understand that may be moved to MSS and will that open asbestos and was that approved by anyone. Concern with heat exchanger because that money could have been used for new school instead of Eli Terry middle school.

b. Ralph Zovich, 4 Knight Lane – 1) as Chairman of the Board of Finance who has been stating concern on economic conditions.  We have to maximize revenue and control costs and compliment the Mayor and Council for moving forward with these issues and feel spending freeze is important to continue as it does help to monitor discretionary spending.  Issue with property tax relief - the reality is the State is looking at $400 million deficit this year.  Other issue commend is issue working on and collection of delinquent taxes.  Concern to meeting held with P&Z, School Building, Mayor and Councilman Gianesini and Councilwoman Jandreau, the issue brought forward that we do not have enough money to build a track and finish sidewalks required by modified site plan and working on a compromise.  The suggestion by the Comptroller who said until we have an absolute accounting of every nickel spent on the project, propose we allocate $300,000 into a Reserve Account as encumbrance against the project which will cover all of the final change orders, road repairs, sidewalk up/down North Harwinton.  Site plan is being presented to P&Z on 12/11 and encourage all members of the public to attend.  He feels it is a good compromise.  Made proposal on piece of property sitting next to the school parcel that was never intended to be a part of the project; voted to buy acreage of Roy property to have room for athletic field and never specification in education specs or in contract or referendum to use the Roy house.  The site plan includes the property to relocate the barn and have acreage to build the track. The house sits on a postage stamp parcel and easement on land records for fire road.  The house should be sold and proceeds of the sale of that residential property would need to be split with the state because the State reimbursed us when we bought that property.  We sell the property and for what we gain on proceeds we use to cover difference of sidewalk; sidewalks need site lines and there are dangers going down to subdivision and extend sidewalks to Meghan Boulevard.  If we don’t build sidewalks now they will never get built.  With support of Council and with the Town Attorney’s help, we need to sell that Roy property.  Financial issues - we have all heard about mortgage and all based on premise that home prices would rise; crisis trickled down to us; our status for municipal borrowing we will pay slightly higher municipal rate.  On revenue side from State as it trickles to Plymouth, he learned of statistic which will have impact on us that 45% of all of the state income tax revenue comes from Fairfield County; and as investment banking firms are laying off and without that revenue, the State of CT is in a bind and need to cut expenses or raise other taxes.  We receive 50% state funding in ECS, reimbursement and other state grant money.  If the State is not collecting their revenues and cannot raise taxes in other areas, they will cut back the flow to surrounding towns that share in those revenues. We are looking at bleak budget year coming up.  No tax increase next year will be highly unlikely.  To minimize impact; any lobbying the Mayor can do at the State Capitol is needed.  We will have to do something.  He has promoted tax sales which is long overdue; we may actually need to auction off some properties such as American Modular; if we don’t start tax sales and accelerate foreclosures the mill rate will have to go up on everyone else.  Our credit rating is good; we are not talking about raiding fund balance; we still have industry and people in town are working.  We need to increase collection of delinquent taxes, look at ways to put property back on grand list, need to sell lots in industrial park.  Good news - auditors report this month on December 11th and the auditor will put a clear perspective on our current financial situation and whether plans for going forward are appropriate.  We were supposed to have annual report for fy 6/30 available at election and some delays and it will go out for printing soon.  Councilman Gianesini asked – (a) now that the VNA is dissolved what will that do to the next cycle; Ralph stated already adjusted downward the revenue to put expenses in balance; now by dissolving the VNA we have no more ongoing expenditure and do have some receivables.  They are trying to go back 2 years for Medicare billing.  Do not anticipate a loss because they ceased operation and hope to recover some of the old receivables.  (b) on sidewalk with plan to take CL&P energy grant, that will need to go to referendum or town meeting.  Ralph stated when that money came back to the town, the BOF noted no approved project to apply money to and Dave put it into a reserve account similar to capital projects and we would need approval or recommendation from the Council on what they would like done with the money.  It would be a resolution from Council with approval from finance and then to town meeting. (c) looks like thought is to provide grants to States for infrastructure improvement; our town the sidewalks are closest and if in January the Congress passes legislation this is something to get done quickly and money into system and we could see entire sidewalk deal funded.  Ralph stated there are a number of projects through public works that are in phases; if Congress allocates money for infrastructure, Tony has two projects funded under local capital outlays.  One is reconstruction of Seymour Road and surveys and preliminary engineering work are getting done and if the federal government funds that we would widen, straighten and have sidewalks.  Another project before DOT is to remove hairpin curve on South Main, Garber’s corner, and then the intersection at Agney and realignment.

c.  Melanie Church, 328 Main Street – not to burst bubble but Senator Colapietro on tv was stating when passed bill for water company property that at least half had to be used for school which is limited to 26 acres; we may get stuck paying for Roy property and to make loans for it you are ahead of the game.  If not funded for $435,000 we will have to sell and asked Tom and he said at least half the land from the water department needs to be used for the school and when Jeter Cook and Jepson came they said they would only take 18 acres and need to look at this before making plans to sell.  If we need to pay for it it may be a good place for police and fire department.  If it is costing the taxpayer you will need to find a way to get it back to them.

Council Comments
a. Councilwoman Jandreau – went to Veteran’s Day memorial at park and very nice service and thanks the people who put it on.

b. Councilwoman Schenkel - the community is aware the animal rescue foundation had a fire and received call from Felix Borkowski who is concerned about them rebuilding and wants to make sure the organization gets back on its feet.  They do have insurance money for rebuilding. 

c. Councilman Gianesini - second that; he was coming out of IGA and smelled fumes and it did not take long for fire guys to get there. This town is very caring and supportive of people and organization in need and we will continue to do so in future.

d.  Councilwoman Jandreau – Human Services is in need of people to help with Christmas program for children and a lot of teenagers in need and they need clothes.  It will be a cold winter and hard for many.

e. Councilwoman Denski – commend finance board in advance as it will be tough budget year.

Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

The Special Meeting of the Town of Plymouth Town Council, November 10, 2008 was called to order at 7:02 p.m. by Mayor Vin Festa in the Assembly Room, Town Hall.  In attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel,  Councilman David Sekorski ,Mayor Vin Festa, Robin Gudeczauskas, Council Clerk and Sal Vitrano, Town Attorney.

Fire Exits – Noted for the record

Pledge of Allegiance

Council Rules and Procedures

Public Comments on Non Agenda Items

Mayor’s Report – Correspondence/Discussion Compact
Compact trailer for transfer station, $45,360 – authorized the Public Works Director to enter a requisition in order to purchase a trailer at a cost not to exceed $45,360.  Currently  have two trailers and one is inappropriate and unable to use due to condition and refused permission to bring refuge to station in Bristol; need to replace with new one.  Tony Lorenzetti stated it has been ordered and should be in in a few weeks; ordered through vendor who honored bid put together previously for use trailer and have not gone to new because these trailers are specially made for design of our hopper at the transfer station.

Web Site, posting of meetings/minutes – have been notified by General Assembly of law requiring mandate for information on public agency website.  We must put all minutes of all meetings on web sites as well as agendas and difficult process for many towns since.  We have a part time web person who works only half days on Friday and has developed notice to boards and commissions on getting information to her via email at home and will work from home to get info on web site so we are in compliance with FOI.  Some communities have closed down websites since they could not afford the increase in putting information on.  There are communities challenging this legislation and asking legislator to repeal.  Keith Golnik, 46 Orchard Street, in order to meet requirement of FOI only certain things in minutes such as motion and votes taken need to go on and is it possible those minutes can be posted quickly and follow up done with detailed minutes later.  Town Clerk in Rocky Hill, as well as Litchfield, Harwinton/ Burlington, came up with a system to scan minutes and get to servers and you can contact them for information.  Mayor Festa stated this involves more than minutes such as schedule of meetings and special meetings to post which is almost impossible for one person to post. 

FOI Complaint Resolution – resident in Gosinski Park put in complaint against the Town Council, Plymouth Housing Authority and individuals; and the present issue is it took over 49 days to gather information required because of many different components and facets of request made by the individual.  FOI finding is respondent Town Council shall provide non-exempt requested records to persons requesting them in a proper many and should do so properly.  There were no fines in this FOI.  If something is requested of any particular agency within the town whether it be a board or commission, the material should be available at their particular site must be there and be present or be in the Town Clerk’s office so that the Town Clerk can record the requested information and forward it to the individual in a timely manner.

CHART Breakfast meeting – Parent company for universal health care (Connecticut Health Advancement and Research Trust) is holding a breakfast for municipalities and businesses at Aqua Turf.  Anyone interested in attending the cost for individual contribution is $50 per ticket.

Plymouth VNA update – have closed as of October 31st; each and every patient were properly cared for and presented with a letter and list of particular agencies in town and surrounding communities to select an agency for home health care; a number of home health aides are serving other agencies and one nurse is looking for employment.  Have not received final report from Greater Bristol VNA and we will finish billing within the next month.

Human Services Department – This department is still in effect with LeeAnn Meyers, Director.  She is holding clinics associated with VNA such as podiatry, senior clinics for AARP driving courses, vaccines and recently flu and B12 shots.  The public will find publications in local newspapers indicating what she is doing for seniors and community services from birth to seniors.

Waterwheel Park update – buildings have been demolished and land being cleared; cannot go into soil and cannot take foundations out of the soil.  The agency doing demolition will clean up at ground level to make appearance look better.  Moving forward with BL to come in for next phase and looking at BJ Tool to do environmental and will then come forward to decide if going ahead to secure that piece.

Contract Negotiations – still in process of negotiating with 3 units and as soon as they are finished, have a meeting next week scheduled with UAW for two of those and an arbitration in December for the third and hopefully finish contract before end up in arbitration.

Beautification Committee Award – presented to Pete and Steve from Beautification Committee for all their work in Pequabuck transforming area to lovely site.  Have been hearing good things are forthcoming in process of expanding their effort in Pequabuck in work on O/Z Gedney building area around it.

Terry Endowment Fund, Waterbury Hospital – have not received reports from them in a while but received correspondence stating a resident went to Waterbury Hospital for service and was told no funds were available from the Terry Fund; a fund set up by Mr. Terry in honor of wife who passed away. This couple (Terry’s) were without children; a giving couple concerned on health and welfare and need of health care.  He willed his estate to Waterbury Hospital as a trust for purpose of taking care of people in need from Thomaston area and the Town of Plymouth.  A report was requested in essence looking into situation for care of people who come into the hospital from our town and services provided.  A breakdown of care from 10/1/07 to 09/30/08 and a number of write offs/ free care granted to Thomaston residents was 3 in the amount of $162,000; and free care to Terryville and Plymouth residents was 4 in amount of $4,369 to a total of 7 people from both communities or $166,000.   The Fund balance as of 10/01/07 was $701,453; Endowment Fund Balance of $572,139.  Checklist for financial assistance will be handled through LeeAnn Meyers who is taking care of process so no one falls thorough cracks.

Collection of Back Taxes Update – in process of moving forward and the Board of Finance requested the Mayor work hand in hand with the Tax Collector for plan of action and in process; working with the Town Attorney’s office; Ted Scheidel is working with the Tax Collector every afternoon, money is coming in from back taxes and moving with tax sales as well to recoup $1.6million due to the town in back taxes.

Appointments/Resignations:

MOTION:  To appoint Mrs. Barbara Moran to the Library Board of Directors to fill a vacancy, term to expire 11/9/09 by Councilwoman Jandreau; second Councilwoman Denski. Discussion:  Councilwoman Denski stated she met Mrs. Moran a few weeks ago and her enthusiasm will be a great addition to the Board. Vote: unanimous.

MOTION:  To appoint Mr. Gerry Bourbonniere to the Board of Education to fill a vacancy, term to expire 11/3/09 by Councilman Sekorski; second Councilwoman Schenkel.  Discussion:  Councilwoman Jandreau stated her pleasure to see him go on the BOE and he is very involved, upbeat and a great guy.  Councilwoman Schenkel stated she worked with Gerry on Plymouth Education Partnership and he was in charge of finances of that group and did a wonderful job.  Councilwoman Denski stated she had many conversations with him and he has wonderful ideas and thoughts.  Vote:  unanimous.

MOTION:  To appoint Mr. Carl Johnson as a regular member of the Planning and Zoning Commission; term to expire 2/19/2010 by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Councilwoman Jandreau stated she is liaison to P&Z and pleased to have him there and glad moving to regular member as he never misses a meeting and brings a lot to that commission.  Councilman Gianesini stated he seconds Councilwoman Jandreau’s views.  Vote:  unanimous.

 d.  To appoint Mr. Robert Brown as an alternate member of the Planning and   
 Zoning Commission; term to expire 2/19/2010
MOTION:  To appoint Mr. Robert Brown as an alternate member of the Planning and Zoning Commission; term to expire 2/19/2010 by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  Councilwoman Jandreau gave explanation that Mr. Brown was a regular member but because of his work schedule he could not make meetings and these motions are exchanging members; Councilwoman Schenkel stated this is good as she would hate to lose Mr. Brown’s experience.  Vote:  unanimous.
 
e.  To appoint Mr. Thomas Zagurski to the Board of Fire Commissioners; term to   
expire on 11/4/2011
MOTION:  To appoint Mr. Thomas Zagurski to the Board of Fire Commissioners; term to expire on 11/4/2011 by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  Councilwoman Jandreau stated she is happy to finally have Tom on there and we all know him, great guy, who works hard and nice addition to that commission.  Councilwoman Denski stated he is very involved everywhere you go in town.  Councilman Gianesini stated he has been a proven asset to the community in the past, now and will be and firmly agree with this appointment.  Vote:  unanimous.

f.  To accept the resignation of Mr. Henry R. Poulin as a member of the Board of Directors of the Plymouth Volunteer Ambulance Corps
MOTION:  To accept the resignation of Mr. Henry R. Poulin as a member of the Board of Directors of the Plymouth Volunteer Ambulance Corps by Councilwoman Jandreau with regret; second Councilman Sekorski and the vote unanimous

Take Action to Refund property taxes: Michael Szoldra, $79.46; DCFS Trust, $229.69; Chase Man Auto Fin Corp, $555.35; Michael Kazlowski, $34.62; Thomas Akers, $82.17; Everett Thompson, $12.64; Toyota Motor Credit Corp., $66.34; Bud Behlin Leasing Inc, $307.66; David Gorack, $426.60; George or Pamela Dunlap, $7.74; Toyota Motor Credit Corp, $132.41
MOTION:  To Refund property taxes: Michael Szoldra, $79.46; DCFS Trust, $229.69; Chase Man Auto Fin Corp, $555.35; Michael Kazlowski, $34.62; Thomas Akers, $82.17; Everett Thompson, $12.64; Toyota Motor Credit Corp., $66.34; Bud Behlin Leasing Inc, $307.66; David Gorack, $426.60; George or Pamela Dunlap, $7.74; Toyota Motor Credit Corp, $132.41 by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

. To Approve The Contract Between the Town of Plymouth and WMC Consulting Engineers for the Design of the South Main Street Project  
MOTION:  To Approve The Contract Between the Town of Plymouth and WMC Consulting Engineers for the Design of the South Main Street Project with the understanding the Department of Transportation supports the Town/Consultant agreement subject to final discussion and resolution of the hourly rates, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Tony Lorenzetti stated for clarification, the DOT had sent approval letter recommending adding some things to the scope of the contract, and because certain time frame involved from beginning of negotiations to signing of contract negotiation, the consultant had revised rates they submitted to the State and the State is reviewing.  The contract before the Council is highest.  Councilwoman Jandreau stated the Council has discussed Garber’s corner before; Mr. Lorenzetti noted a few months ago an agreement was approved by Council on State/Town funding of the project.  Agreement tonight is a consulting engineer/town agreement.  Some things are standard forms of contract and the state has certain ways they like to do it.  This appropriation was put aside and in terms of project it goes back to Donna Warkowski’s term.  Scope of project reviewed noting this project had been on the improvement program for the region for years and we cannot exchange this project for one you chose.  Project location is East Washington Road to a few hundred feet past Mr. Garber’s house for realignment of road, acquisition of real estate.  House will be torn down and the State will be involved with Mr. Garber on that real estate negotiation.  The consultant will do a preliminary design which will show impacts and show impact to take that home.  The State Right of Way group will negotiate a fair price with Mr. Garber.  Councilman Sekorski stated his point to Tony’s point is you cannot switch projects and some other road projects will need proposals put together and submitting for tip list.  If we do not do this project we will lose it and the Town should get it done while the opportunity is there. Tony stated in terms of finance the cost to the town is 80% federal, 10% state and 10% local. The town will fund the design and the state will reimburse that.  The price of the house is not under design; there is a rights phase, design phase and construction phase. The house would be under the rights phase.  Vote:  unanimous.

To Adopt the Resolution to Allow the Mayor to Enter into a Memorandum of Agreement between the State of Connecticut, Department of Emergency Management and Homeland Security and the Town of Plymouth
MOTION:  To Adopt the Resolution to allow the Mayor to enter into a Memorandum of Agreement between the State of Connecticut, Department of Emergency Management and Homeland Security and the Town of Plymouth by Councilwoman Jandreau; second Councilwoman Denski.  Reading of Resolution into record by Councilwoman Schenkel:  “RESOLVED, that the Plymouth Town Council may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and FURTHER RESOLVED, that Vincent Festa Jr., as Chairman of Plymouth Town Council, is authorized and directed to execute and deliver any and all documents on behalf of the Plymouth Town Council and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including but not limited to, executing and delivering all agreements and documents contemplated by such documents.  The undersigned further certifies that Vincent Festa, Jr. now holds the office of Mayor and that he has held that office since November 11,2007.”  Discussion on Resolution for the Motion:  Mayor Festa stated to bring up to date, this is a yearly procedure done through Homeland Security and should be done.  The Town just learned that our ATV rescue vehicle purchased in 2007 was allowed to come under current funding and reimburse town had for over $9900 that we did not secure fortunately we have secured that and the completion of Fall Mountain firehouse generator and in discussions with the State Department of Homeland Security we have additional amount of money of $24,000 to apply toward other homeland security material.  This has been good for the town.  Vote:  unanimous.

. Council Liaison Reports
a.  Councilman Gianesini – reviewed attended Planning & Zoning meetings, School  Building meeting, WPCA, Inland Wetlands and nothing out of the ordinary except the last Inland Wetland confusion with large attendance and people thought they would address use of property and not happy with neighbors.  The people were told they would need to make complaint with Planning and Zoning; a lot feel that what lots are assessed at is too high rate and similar sized lots were assessed at about 30% less and had problems with ground water and since a water problem they thought Inland Wetlands could change assessment.  They were told only the Board of Assessment Appeals can make change.
b.  Councilwoman Jandreau – referenced Planning & Zoning letter to Council on School Building Committee; ZBA; Inland Wetlands; Housing Authority; Fire Commission meetings were all regular stuff; Public Works Director report read into record.
c.  Councilwoman Schenkel – BOF discussed what the Mayor talked about in his report on assistance by the Administrative Assistant to the Tax Collector on back tax collection; BOF meeting with BOE in with discussion on negotiations and members invited to attend to see impact on budget.
d.  Councilman Sekorski – regarding Ambulance Corps, he believes with Mr. Poulin’s resignation there will be two vacancies and if anyone is interested in being a Council appointed member of the PVAC Board of Directors; Mayor Festa stated there is only one vacancy.
e.  Councilwoman Denski – no Parks and Recreation this month; BOE reviewed; Library Board update.
f.  Councilwoman Jandreau – Charter Revision, attended meetings and not many from public were there; Town Manager from Plainville and Coventry gave presentation at meeting and very informative.
Mayor Festa noted artwork in hallway from children doing after school program.

Public Comments
a.  Keith Golnik, 46 Orchard Street – on November 30th  the Plymouth Historical Society will host a holiday open house with special guests.

Council Comments
a.  Councilwoman Schenkel stated it is wonderful to see pink ribbons in front of town hall, having lost several family members to breast cancer she is glad the administration recognized that for women.
b.  Councilman Gianesini – noted FOI requirement on web; it is a symptom of disease of people in Hartford; towns are getting into severe budgetary problems and now forced to spend money on things marginally of use to public.
c.  Councilman Sekorski –  regarding dispute on sidewalks because Building Committee is charged by Town Council and he asked that the Mayor initiate conversations and get resolved.  Discussion held.

Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.
Meeting adjourned at 7:53 p.m

Fire Exit Notification

Acceptance of Minutes of Regular Town Council Meeting, September 2, 2008
MOTION:  To accept the Regular Town Council Meeting Minutes of September 2, 2008, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.

Special Town Council Meeting, October 2, 2008
MOTION:  To accept the Minutes of the Special Town Council Meeting of October 2, 2008 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion: Councilwoman Jandreau stated under attendance for Board of Public Health, Margaret Clyma arrived later but is on the Board.  Vote:  unanimous.

Council Rules and Procedures
MOTION:  To amend the agenda to add the following beginning with Item 20 and Council Liaison Reports and following items shall move down:

To approve the appointment of Susan Murawski to fill the vacancy on the Plymouth Board of Education

To approve the Corporate Resolution document for the CT Housing Grant and the Nondiscrimination Certificate

Move the following Resolution for Tax Abatement
by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.

Public Comments on Non-Agenda Items

Mayor’s Report
Correspondence/Discussion
Public Information Notice from LeeAnn Meyers, Director Human Services, as per the IRS, September 12, 2008 read into record “Per the IRS, as of September 12, 2008, there are 163 Terryville and Plymouth residents who are SSA, SSDI and VA recipients that have not yet filed for their stimulus checks.  If you are a recipient of SSA, SSDI or VA and have not yet filed for your stimulus check and you need assistance, please contact Lee Ann at the Human Services Department (860) 585-4028.  The deadline to file is October 15, 2008.”

Opinion Letter from Bond Counsel (in packet)– Letter dated September 16, 2008 from Robinson & Cole re opinion on question raised on bonding of project for WPCA to tune of $385,000, briefly reviewed noting opinion on matter puts issue to rest.

Letter From Superintendent Distasio Regarding Negotiations (in packet)– Mayor Festa stated the BOE has begun process and next meeting dates are 10/22 and 10/29, and the BOE welcomes Town Council and Mayor’s attendance.  If any Council members are interested, let the Mayor’s office know.

Telephone Call From Wayne Gannaway, State Dept. Culture/Tourism consultant indicating our procurement documents were received, are in order and waiting for the Attorney General to release grant so that the Town can begin process of demolition at Waterwheel site on buildings.

Tax Abatement – Commission meeting and Resolution in packet and will be discussed later.

Appointments/Resignations
To Appoint David Barbieri To The Charter Revision Commission
MOTION:  To Appoint David Barbieri to the Charter Revision Commission by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Jandreau stated she is happy to see Dave on this Commission and he has experience on town side and on Charter Revision.  Vote: unanimous.

To Appoint Zack Morin To The Zoning Board of Appeals, Alternate Position; Term to Expire On February 29, 2010
MOTION:  To Appoint Zack Morin To The Zoning Board of Appeals, Alternate Position; Term to Expire On February 29, 2010 by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.

Take Action To Refund Property Taxes:  Barbara Grant, $30.91; Scott Hayes, $10.33; Glenn Aldrich, $8.31; Todd Forehand, $144.48
MOTION:  To Refund Property Taxes to:  Barbara Grant, $30.91; Scott Hayes, $10.33; Glenn Aldrich, $8.31; Todd Forehand, $144.48   by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Take Action On Tax Abatement Resolution (Rite Aid) Project
Councilwoman Jandreau read the Resolution into record “RESOLUTION  WHEREAS, plans have been approved for the development of a Rite-Aid Pharmacy at 216 Main Street with a construction value exceeding $3,000,000; and WHEREAS, the developer, Brista Commons LLC, has requested financial assistance in said Rite-Aid Pharmacy; and WHEREAS, the Tax Incentive Committee has made its recommendation for a financial incentive package.  NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF PLYMOUTH TOWN COUNCIL:  That the Mayor be and is hereby authorized to enter into a tax abatement agreement between the Town of Plymouth and Brista Commons LLC for an amount neither exceeding $550,000, nor seven (7) years in duration.  And further said tax abatement agreement should be reviewed and approved by the Town Attorney.”
MOTION:  To accept the Tax Abatement Resolution (Rite Aid) Project as read, by Councilwoman Schenkel; second Councilwoman Denski and the vote unanimous.

To Accept Two Quit Claim Deeds For Parcels B and E At Harwinton Heights Subdivision
MOTION:  To accept Two Quit Claim Deeds for Parcels B and E at Harwinton Heights subdivision, by Councilwoman  Jandreau; second Councilwoman Schenkel and the vote  unanimous.

To Discuss The Board of Education’s Letter Relinquishing Control Of Prospect Street School To The Town of Plymouth – Mayor Festa stated the Board of Education informed us through the Mayor that as of October 1st they have turned over Prospect Street School to the town.  Mr. Lorenzetti is here to speak about the decision and issues of concern.  MOTION: To discuss this item by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.

Tony Lorenzetti stated the Board of Education (BOE) sent a letter to the Mayor relinquishing Prospect Street School on October 1st and also were intent on keeping the fields.  One thing not clear is exactly the plan to relinquish because if you use fields you certainly need parking for the field and it is not clear of the limits of what is being turned over.  He reviewed items contained in a memo to Dr. Distasio dated September 9, 2008 noting he had requested information from the BOE and have received some information re environmental issues, and a bunch of other items he has not received any information.  If you take over a building you need to know how it operated.  He was told some heating oil is left, approximately 2500 gallons, but does not tell how long that will heat the building for.  With an unoccupied building you need to go back and forth to check systems.  Also asked for information on air quality, mold, other infestation and did get some info on air quality.  Also looking for building plans and we do not have those; did find origin on front portion filed in clerk’s office; need keys, alarm codes with description on how it works, info did not come.  Requested service records on all building components if available for the past 10 years; did get some info on fire code and OSHA inspection; there are spots where doors are a problem and cracking of building structure but have asked for a list of any areas on site or within the building in need of repair or special attention, scheduled maintenance expected to do or scheduled maintenance in past, warranties on building, ADA compliance documents; spare parts, items to be disposed of on owners part; soil samples/geotechnical reports, photos, especially related to the Oil Tank Replacements; expenditures in previous years; record of spills; more info on underground tanks; historical man hours related to lawn/facility maintenance.  Also questions asked on what portions of the land surrounding the building will be maintained by the BOE and will the BOE continue to maintain all of the fields and recreational components.  He has not gotten a lot of this info yet and need things to understand how the building operated.  Did get a tour and some windows are left open at times for ventilation and not sure how they left the building.  He still does not have keys and not officially turned over yet.  Not in a position to recommend what to do although there was discussion and need to think on future need for facility.  Going back he has served on facilities commission for years and capital improvement who decided it was important to look at PSS and MSS before they became ours and we are now at this hour and are in the position to look at future taking over of a building without plan. Have not evaluated everything but need the info to do so.  Councilman Gianesini stated he makes a good point that not a hand off appropriate and talk about moth balling an old building and if we turn off heat you will have gaskets loosen up and if go back to turn on there will be leaks.  In addition people know it is unoccupied and a matter of time before people start stealing stuff.   Mayor Festa stated the property is insured.  Councilman Sekorski encouraged the Mayor and staff to continue a positive dialogue with the BOE and concern this is our problem.  This was built in 1904, cracks, and other problems and need to maintain positive dialogue.  Tanks were replaced at this building as well and that info should be readily available.  He asked if the Town has a consultant report or other action item in terms of study; Mayor Festa stated that is forthcoming when contract approved.  Councilman Sekorski encouraged them to work together, winterize and protect the property. Tony Lorenzetti stated the BOE knowledge is invaluable and without information we are not sure of day to day things in the building.  Councilman Sekorski stated the maintenance plan is lacking and there probably is no maintenance plan and everybody just keeps everything running as best they can.  Need to speak with people who use to operate that building.  Councilwoman Jandreau asked if they have to accept this building.  Mayor Festa stated ultimately they have to, yes, and if Council does not accept now when will they.  Councilwoman Jandreau stated when we have answers we need. Tony Lorenzetti stated the Board of Finance did put some money toward PSS but he is concerned that will not be enough money.
MOTION:  To table by Councilwoman Jandreau; second Schenkel.  Vote:  Councilwoman Denski, no; Councilman Gianesini, yes; Councilwoman Jandreau, yes; Councilwoman Schenkel, yes; Councilman Sekorski, yes.  Mayor Festa stated the Motion to Table carried 4-1.

To Approve The Bid Submitted By ABCON Environmental, Inc and Enter Into An Agreement With Them To Demolish The Buildings At The Water Wheel Site
MOTION:  To Approve The Bid Submitted By ABCON Environmental, Inc and Enter Into An Agreement With Them To Demolish The Buildings At The Water Wheel Site by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  John Murphy, 385 Greystone Road, stated on August 25th he also estimated and provided letter protesting.  There were 4 addenda issues and each 2 low budget only acknowledged and how can you accept something they don’t fully acknowledge and complete contract.  Attorney Vitrano stated he has reviewed the rfp, various bids submitted and aware of the issues raised by Mr. Murphy and have determined the bid from ABCON is an acceptable bid and consistent with the bidding process.  There are provisions in the rfp that deal with issues raised by Mr. Murphy and advise the Mayor and Public Works if their decision is to accept ABCON, they certainly can.  Mr. Murphy stated with that being said what is the sense in putting a bid out if not acknowledged and the items in the addenda sent out by Mr. Lorenzetti affecting the contract in one way or another and to have to go into contract where there might be dollar values affecting two items on addenda for the Town Council to accept without ramification or understand that ABCON understands the contract of $24,000, no more no less, we did not get addenda.  Attorney Vitrano stated the town attorney said he evaluated the rfp process and ABCON bid in some that can be accepted if decision of Town Council and public works and will let them know and will not debate issue.  The two addenda raised by Mr. Murphy have been accepted and incorporated in ABCON bid for the bid prices. The town addenda are a non issue with respect to ABCON price.  Vote: Councilman Sekorski, no; Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes.  Mayor Festa stated the Motion carried 4-1.

To enter Into Executive Session For The Purpose Of Reviewing Negotiations And Tentative Agreements For Union Contracts
MOTION:  To enter Into Executive Session at 7:27 p.m. for the purpose of reviewing negotiations and tentative agreements for union contracts by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous at 7:27 p.m.
Mayor Festa called the meeting back to order at 7:50 p.m.

To Take Action, If Any, From Executive Session

To Approve A Contract Between The Department of Mental Health/State of CT and The Town of Plymouth
MOTION:  To approve a contract between the Department of Mental Health/State of CT and the Town of Plymouth, reading into record “Memorandum of Agreement between the Connecticut Department of Mental Health and Addiction Services and Town of Plymouth WHEREAS, this Agreement between the Connecticut Department of Mental Health and Addiction Services (hereinafter referred to as “DMHAS”) and the Town of Plymouth; and WHEREAS, the DMHAS is authorized to enter into this Agreement under section 17a-451, of the General Statutes of Connecticut, as amended to date; and WHEREAS, Mayor Vincent Festa Jr. of the Town of Plymouth is authorized to enter into this Agreement under the Plymouth Code of Ordinances for Town Charter, Chapter 5 Section 2 pg. 19-20; and WHEREAS, use of tobacco products has serious long term effects on the health of minors; and WHEREAS, the DMHAS, through the Tobacco Prevention & Enforcement Program, is implementing a comprehensive statewide plan to address illegal distribution of tobacco products to minors in violation of Connecticut General Statutes Sections 53-344 (b) and (c); and WHEREAS, the DMHAS Tobacco Prevention & Enforcement Program is expected to work collaboratively with the Town of Plymouth Police Department to restrict sales of tobacco products to minors; and WHEREAS, the parties are interested in preventing youth access to tobacco products and smoking via unannounced compliance inspections and merchant education.  NOW THEREFORE BE IT RESOLVED, in consideration of these mutual practices and goals set forth herein, the DMHAS Tobacco Prevention & Enforcement Program and the Town of Plymouth Police Department agree to the following:  1. The DMHAS Tobacco Prevention & Enforcement Program and the Town of Plymouth Police Department will collaborate on joint unannounced compliance inspections of tobacco vendors.  2.  A contact from the Town of Plymouth Police Department will be designated to work with the assigned DMHAS Tobacco Prevention & Enforcement Program investigator (s).  3. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) and the Town of Plymouth Police Department designated shall set the workday schedule prior to the start of operations.  4. To the extent practicable, the Town of Plymouth Police Department designate shall inform the DMHAS Tobacco Prevention & Enforcement Program investigator (s) of any unexpected police business that interrupts planned operations prior to the start of these operations.  5. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) will provide a list of occasional updates of licensed tobacco merchants within the boundaries covered by the Town of Plymouth Police Department.  6. Unless disclosure is required by law, the Town of Plymouth Police Department shall keep the identity of the DMHAS Tobacco Prevention & Enforcement Program’s underage staff confidential from storeowners, the press and/or other individuals.  7. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) may physically identify store clerks if a purchase is contested.  8.  The Town of Plymouth Police Department shall issue written infractions and distribute DMHAS sponsored and provided tobacco merchant education materials to violators.  9. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) shall provide the money for purchases for tobacco products.  10. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) shall retain all evidence obtained from tobacco purchases, and will produce such evidence at civil and criminal proceedings.  11. The DMHAS Tobacco Prevention & Enforcement Program investigator (s) and the Town of Plymouth Police Department’s designate will verify the total number of inspections and results at end of each day.  12.  The Town of Plymouth Police Department will issue a press release on the results of the inspections with the DMHAS Tobacco Prevention & Enforcement Program investigator (s).  IN WITNESS THEREOF, this Agreement shall become effective upon signature by authorized representatives of each party and shall continue in effect until such time as it is terminated or canceled by either party giving thirty (30) days notice of such intent to the other party.” by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Councilwoman Schenkel (a) this is a good program but do we think it will curb under age people buying cigarettes, they will get them from parents or out of town, or friends, how effective will this be.   Supports it but has doubts.  Councilwoman Jandreau stated if you don’t try it will not work. (b) People have been trying for 50 years and reason why lawsuits against tobacco because the whole population is addicted; we market to china, etc.  Councilman Sekorski questioned if there is any monetary part of this.  Mayor Festa stated nothing that he knows of, and the Police of Chief is aware of this agreement.  Vote:  unanimous.

To Enter Into Agreements With Thomaston Savings Bank For The Following Services: Remote Deposit Capture Service Agreement; Thomaston Savings Bank Wire Transfer Service; Thomaston Savings ACH Origination Service
Mayor Festa stated these are three particular contracts to be entered into to do on line banking at town hall with Thomaston Savings Bank and a necessary component to the comptroller’s office. The Town Attorney has reviewed documents.
Motion:  To enter into Agreements With Thomaston Savings Bank for Remote Deposit Capture Service Agreement; Thomaston Savings Bank Wire Transfer Service; Thomaston Savings ACH Origination Service by Councilwoman Jandreau; second Councilman Sekorski. Discussion:  Councilman Sekorski questioned whether the Council needed to include authorization for the Mayor to sign. 
Amendment to Motion:  To authorize the Mayor to enter into such agreements with Thomaston Savings Bank, by Councilman Sekorski; second Councilwoman Schenkel. Vote On Amendment:   unanimous.

To Discuss and Take Action On The Organizational And Operational Analysis Of Plymouth VNA Report And To Extend The Contract With The Bristol VNA Through The Month of October
MOTION:  For sake of discussion by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
Councilman Sekorski – is there a current cap or original agreement to go through October; Mayor Festa stated the original agreement was for 3 months for the purpose of looking at the organization, operational analysis of the VNA and to address financial component and ended 9/30/08 and have extended the contract only one month with Greater Bristol VNA.  Councilwoman Schenkel since we have 30 days by State to make decision to continue or refer clients to another agency, would Bristol VNA be willing to give us overlap of one week.  Mayor Festa stated there is potential for that.  Councilwoman Schenkel questioned in the event the VNA is not able to be salvaged at this time we have employees still working and in their best interest do we have guidelines in notice.  Mayor Festa stated under State law there is notice relative to years employed, etc.  The Town Council has had a special joint meeting with the Public Health Board, Board of Finance to address issues of the report with dialogue and discussion amongst 3 groups and before Council for action. 
MOTION:  To disband the Plymouth Visiting Nurses Association, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Schenkel stated one thing that is such an end result motion is the fact we do not have agencies we could Frele said was you have to look at are they a non profit because we have indigent people and make sure they are taken care of; is there vna within the community currently servicing people we are not aware of.  If we have a few weeks to find out what is in surrounding area we can make transition more smooth.  Report said it is so insurmountable to try to resurrect the vna.  She understands where going but her thought is to have a special session in two week which is still within the contract and may have better alternatives.  Mayor Festa stated the Council does not have time to wait 3 weeks and need to give notice to individuals.  Councilwoman Schenkel recommends we make referrals as patient health and safety is most important and while our vna does not have administrator the statutes require the home health aides are being supervised of people by certain levels of that we will not have.  Councilwoman Jandreau questioned amending the motion to be within next 30 days so that you have 30 day window and can have the vna administered while disbanding.  Mayor Festa stated Bristol VNA is there until October 31st but we can most likely get extra days extension.  You do need to send notices to patients who have doctors to make referrals for patients which is a 30 day window.  Councilwoman Jandreau asked if keep with motion have 30 days to do something.  If vote on motion to withhold for 30 day period of time and hoping within that 30 day period the issue will be resolved.  Mayor Festa stated we only have a 30 day window of time to have patients recognized by doctors and to have referrals by their doctor.  Councilman Gianesini questioned who will do leg work in that period of time to arrange to contact patients.  Mayor Festa stated he will work with the vna.  Councilwoman Jandreau stated the consultant told us we should have a manager, separate administrator for nurses, Supervisor of home health aides, billing manager at this point we have 25 patients and this is not feasible; where they are housed is not conducive to what they do for work and no other place to put them at this time.  Today she had a conversation with Dr. Scappaticci and he agrees we cannot do this as it would cost taxpayer a fortune; we will find another vna to take on our load of patients and indigent patients where the town will pay them to take care of people who cannot pay.  We cannot afford to support this organization. Councilwoman Schenkel noted budget and fiscal viability, an analysis was done and administrative supervisor would start at $90,000 even if we could attract one there are vna’s paying more in larger towns; a billing manager is $72,000.  If we kept $453,000 budgeted for the vna with projected revenue of $305,000 and $160,000 in benefits we would lose $307,000 per year at the very least.  For 27 patients and not to say they are not important, they are, but this town is important and do not know why this trend happened the way it is and feel we need serious investigation into this.  If it means going to the State Attorney or Department of Public Health she highly recommends we turn it over to do an independent analysis of why the town lost money.  Brian Bonds, 23 Fall Mountain Terrace Road, stated he agrees with Councilwoman Jandreau and only thing is we knew this 6 months ago that this was not producing the money it was suppose to and agreed to dismantle this but took this long to have it done.  Mayor Festa stated there were inklings when we started the budget process in January but in mid March we knew something was wrong and in May was when he realized there was a Bristol vna employee at gratis taking care of billing because it was 3 years in arrears and nothing was done to recapture that money.  The BOF looked at that situation and budgeted amount would not be made for this past fiscal year and the BOF wiped out $100,000 from the budget and put $66,000 additional money to balance.  This year in hoping to keep people working at work we would make movements and strong recommendation to the director of program to do things such as selling program and picking up patients and found that was not happening, billing still in disarray, found months there was billing not billed, coding in terms of program when you plug in payment and it bounced back they let it go by wayside.  We moved forward for comprehensive plan; this has nothing to do with service side because we have wonderful people doing what they do.  Melanie Church, 328 Main Street, there is another point to bring up and basically we are liable for any errors or anything happening by not having the best qualified people there and when look at that, that alone is a cost savings.  Charting not done properly, not only just billing. The State had been in and let us go because we had Bristol vna in there straightening things out. It is really really serious and liability on town is detrimental because if end up with lawsuit what would happen, our insurance rates go up and this person could be sued also.  Her point to mention to Mr. Barnes’ question was why didn’t we do something sooner, but need evidence number 1 and will defend BOF because they were never told until David Bertnagel came in, everything was hunky dory with vna, and they were making money.  You need to point fingers not only at non qualification but lies to BOF and how would they know when they are getting reports with numbers that look like they match. Though it is admirable of the Bristol vna that offered to absorb our employees because having 27 patients and 4 or 5 employees just doesn’t meet it and there would have been layoffs and this is salvaging jobs if absorbed at Bristol or anywhere that one takes over.   Recommend using non profit agency and that is important.  If you look at cost savings this time along for next year looking at $600,000 cost savings for taxes.  Even paying for indigent. Think this move has to be made and under emergency. Someone brought up in Charter there were a lot of things in Charter and they weren’t there anymore. The Charter Revision will repeal it and a simple act.  We don’t always go by Charter, one minute it is Charter and one is State Statute. One board member on Public Health brought up and this is emergency and need to look at safety of patients first.  Dawn Kowalski, Plymouth VNA Administrative Assistant, stated as of today they had 35 patients not 27 and did lose patients because only 1 nurse on staff and when she is on vacation Bristol vna cannot take them.  Other thing is Bristol did not come in doing billing, they came in because of issues with computer system knowing it was not up to par and issues arise where bills looked like they were paid and were not; and things look like o.k. were not o.k.; and how Bristol came and nothing to do with them doing billing; they have been doing back billing of Medicare in years prior to.  Want you to understand patients up to 35 now and did turn quite a few away because of nurse on vacation. They cannot open our patients cases and continue on and have us do care.  At least 5-7 patents she knows of could not be taken.  Intake not done through us and shipped to Bristol so whatever they did or did not accept was up to them not us.  It has been work in progress and a lot of people working hard to try to fix things.  Councilwoman Schenkel said she knows she is doing a good job and no one is saying you did not do good job and it rests on administrator and the reason why vna is not surviving is we cannot afford to have staff on board to make viable vna work.  If you do not have nurse on, then you cannot take patients and then they will tell their friends, and say got good care somewhere and nothing with all of you being good people working for our town, it is the fact of the matter in order to overcome and make right.  It is not your hard work did not matter but what held it on this long.  We do not have funds to make viable vna under Statutes and to make sure our citizens are getting care that they deserve.  Dawn Kowalski stated it is a 24 hour agency as well as weekend and holiday, and they no longer do that and it would bring in revenue as well. Councilwoman Schenkel stated revenue was reported and not correctly reported.  It has nothing to do with value that each have brought to the agency and we are proud of all of you.  Councilman Sekorski stated there is a motion on the table at the moment to dismantle the vna under current structure and then need separate motion to extend contract with vna and that would support 30 day and then who is responsible for reporting actions to the State and how does that proceed. Mayor Festa stated his office with Bristol vna overseeing management at this time.  Keith Golnik, Orchard Street, asked if the vna is dismantled what will it do for bills out there or incoming money, will it be collected and how handled.  Mayor Festa stated that will be service situation where wrapping everything up that the Town of Plymouth will get money owed and handled through Bristol vna as well.  Vote: unanimous.
MOTION:  To extend the contract through October 31st by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.

Council Liaison Reports

To approve the contract with BL Companies for the Evaluation of Prospect St School and Main St School Buildings and Sites –
MOTION:  To approve the contract with BL Companies for the evaluation of Prospect Street School and Main Street School buildings and sites by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Rodney Houle, 16 Frankie Lane, Facilities Committee, charged with finding out what to do with PSS and MSS schools and in monthly discussions needed professional to come in.  Two companies approached them with what they could do.  One company was twice as much as the one they are recommending.  One recommend is familiar with the Town of Plymouth; BL Companies.  Synopsis of company read into record from BL report. Two conceptual site plans and building modifications and renovations to single bond report for framework of existing buildings.  Councilwoman Jandreau noted BL has done work on waterwheel and did planning for waterwheel park and will do sidewalk.  Mr. Houle stated they are prepared to get everything we need to decide on what to do with both facilities.  Councilman Sekorski asked for time frame; Mr. Houle stated it is spelled out in contract and so many days for each part and in near future.  Vote:  unanimous.

 To approve the appointment of Susan Murawski to fill the vacancy of the Plymouth Board of Education
MOTION:  To approve the appointment of Susan Murawski to fill the vacancy of the Plymouth Board of Education by Councilwoman Jandreau; second Councilwoman Schenkel for sake of discussion.  Discussion:  Councilman Sekorski requested information on term; Mayor Festa stated until the next local election.  Councilwoman Schenkel stated she has an article from the Bristol Press dated 5/13/02 at that time an article on day before first school vote and at that time Mrs. Murawski was on the Council and a press release sent to the Bristol Press.  She paraphrased stating they were saying this proposal sent to referendum and not up to them to tell public how to vote but had information to share and one of which felt simple renovations would have fixed problems with accreditation at that time.  Second was they talked about regionalization was rejected and Councilwoman Schenkel has concerns about statement that said it was ok if the high school was not accredited for a short time because colleges look more closely at a student’s grades and course work than whether the school is accredited. Her concerns are we want to put this person as a nominee for the BOE when obviously accreditation does not seem to be a priority or even concern.  We should educate every one of our students regardless of the type of college and cannot support this nominee.  Councilman Gianesini stated he does not believe matter of support or not but their prerogative to put in this position.  Brought up it is important that people serve on every board and commission have respect for other people on and for town regulations.  Back in the last administration he was a member of the BOF and recall one instance, time goes by and forget, but the Mayor appointed an assistant in the tax collector’s office and the BOF had deleted position from the budget.  At a meeting Mark Goodwin brought up the fact you knew what you are doing is illegal and you have no authority and she said she didn’t know; this went on month after month and then the Town Council recommended to the BOF the position be reinstated and the BOF turned it down.  He read from Town Charter on how it is illegal to do this and nothing happened (read from Section 3c Special Appropriation into record) Councilwoman Murawski supported the Mayor’s action.  Also, Marybeth Morelli resigned from the Recreation Department and Charter section for Parks and Recreation states the Commission will have the right to hire a director, and does not say Mayor.  A warning letter was sent to the Chairperson that you had better behave or will remove and all in violation of Charter.  Councilwoman Murawski and others supported the Mayor’s position.  He believes she is a capable woman and hopes she has the community in heart and hopes she does not pull the same stuff.
Vote, Roll Call:  Councilwoman Denski, no; Councilman Gianesini, no; Councilwoman Jandreau, no; Councilwoman Schenkel, no; Councilman Sekorski, no.
Mayor Festa stated Motion fails 5-0.

To Approve the Corporate Resolution Document for the CT Housing Grant and the Nondiscrimination Certificate
MOTION:  To Approve the Corporate Resolution Document for the CT Housing Grant and the Nondiscrimination Certificate by Councilwoman Jandreau; second Councilman Sekorski.  Discussion: Councilman Sekorski asked if it is in hand out; Mayor Festa stated he has the authorization form and the Resolution is relative to one of those grants that go to regionalization noting this is an item approved each year and newer component of regionalization for CT Housing impact on communities within CCRPA.
AMENDMENT TO MOTION:  to authorize the Mayor to sign such document; by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  none.
Vote on Amendment to Motion:  unanimous.
Vote on Motion: unanimous.

Move the following Resolution for Tax Abatement – was taken up under Item 10.

Public Comments
a.  Keith Golnik, 46 Orchard Street, old reservoir on high school site and no one able to fish in there for years because of no trespassing and good fish in there and if someone can maintain site they should talk to the Fish and Game Club and maybe they would be interested in maintaining there in exchange for fishing rights.
b.  Brian Bonds, 23 Fall Mountain Terrace, dams need to be inspected every 5 years by the State.  He had to do adjustment. Shortfall happening in state especially in Fairfield County, is that going to affect the grants we get for this year’s budget and are we doing anything now knowing the shortfall will be somewhere between 20-40%. Mayor Festa stated he was told we are fortunate to have our grant application in on time because doing sweeping of accounts at state level. Comptroller and he spoke late this afternoon and this is on federal and state level and impact in community.  Dave Bertnagel stated he is monitoring economy and major credit crunch going on in local, national and state level.  State of CT is taking actions in regard to own budget, the Governor is cutting from current year appropriation and she will have to call a special session of legislature.  Municipal grants for current fiscal year cannot be touched.  Talk from State Comptroller and Treasurer to use rainy day fund set aside to accommodate this years’ budget. Going forward will be significant and will need to make serious decision and may cut back ECS funding grant and other grants and if occur, will shift burden from state to property tax owners.  Town, tax collections are consistent with last year and current trends we have significant concern on other revenues collected because not coming in on routine basis.  Have spending freeze and more drastic measures will come and monitoring situation closely and now o.k.
c.  Melanie Church, 328 Main Street, there were discussion of maintenance of property around new high school and if you check last year they added facilities or outside maintenance person to BOE which is extra outside custodian and that person should be able to keep up with fields and this is all his job is; this is getting ridiculous on who will take care of fields.  Does have concern to turn around and take PSS and leave field with the school and now have a postage stamp to sell; what would be attractive about it and parking lot size of building and not enough parking; we do own and questioned this 3 years ago, we have always owned the buildings and property and do have problem with BOE deciding they will keep fields as we just built new fields and time the townspeople rallied together and take property as a whole piece.  It never went to P&Z to be subdivided and something to be taken inconsideration: (l) they have problems keeping up with fields they have just added. (2) We cannot keep taking from town side, the town side did all the cuts this year and everything cut down.  After BOE even got 4% it was recommended to cut town more.  Hope BOE considers staying at zero increase and enrollment down. Encourage Council to go to BOE meeting and support taxpayers in  this town right where cars for kids, senior or juniors to pay a $50 fee; people in town are struggling and taxes are being paid on these cars.  The parents have to buy school supplies for kids, talking to a parent it costs $50-60-$70 to buy school supplies and now put $50 fee onto kids for driving to school and how many have a job to get to that are struggling; maybe that is buying their school clothes.  We need to stop charging this town for everything for BOE, not just salaries, school built for children and not just for teachers and administration.  A lot of kids talk and do not have money. Councilwoman  Jandreau stated about fields, this is not upkeep this is repair of new fields that are buckled and need to be redone by people who did them.

Council Comments

Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
Meeting adjourned at 9:10 p.m.

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

The Regular Meeting of the Town Council of the Town of Plymouth was called to order at 7 p.m. on Tuesday, September 2, 2008 in the Plymouth Town Hall Community Room.  Members in attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilman Dave Sekorski.  Also present, Mayor Vincent Festa; Robin Gudeczauskas, Council Clerk; Attorney Sal Vitrano, Town Attorney; Dave Bertnagel, Comptroller. Councilwoman DiAnna Schenkel, excused absent.

Acceptance of Minutes of:
a. Special Town Council Meetings of August 11, July 15, July 7, June 25, May 29, 2008
MOTION:  To accept the Special Town Council Meeting Minutes of August 11, 2008, by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  Councilman Gianesini noted correction on page 4, item 12, regarding power interruptions at industrial park, changed “electric oven” to “Electric Avenue”.  Vote: unanimous with Councilwoman Denski abstaining.
MOTION:  To accept the Special Town Council Meeting Minutes of July 15, 2008, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
MOTION:  To accept the Special Town Council Meeting Minutes of July 7, 2008, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
MOTION:  To accept the Special Town Council Meeting Minutes of June 25, 2008, by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  none.  Vote: unanimous.
MOTION:  To accept the Special Town Council Meeting Minutes of May 29, 2008, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.

b. Public Hearing Meeting Minutes of July 22, June 16, June 17, 2008
MOTION:  To accept the Public Hearing Meeting Minutes of July 22, 2008, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
MOTION:  To accept the Public Hearing Meeting Minutes of June 16, 2008, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
MOTION:  To accept the Public Hearing Meeting Minutes of June 17, 2008, by Councilwoman Denski; second Councilman Gianesini.  Discussion:  none.  Vote: unanimous with Councilwoman Jandreau abstaining.

c. Regular Town Council Meeting Minutes of June 3, 2008
MOTION:  To accept the Regular Town Council Meeting Minutes of June 3, 2008 by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.

Council Rules and Regulations
MOTION:  To amend the Agenda, Item 8, to include the following:  to appoint Larry Deschaine to the Ad Hoc Committee on Blight; also appoint Mr. Bruce A. LeBeau to the Ad Hoc Committee on Blight, by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous
MOTION:  To amend the Agenda, Item 9, to include the following to refund property taxes to:  William or Joy Hall, $66.86; Janet or Daniel Stevenson, $29.05; Eketerini Dogrametzis, $15.80; Nissan Infiniti LTD, $309.91; Peter M. Maksymiak, $124.32; Carol Kozikowski, $26.49; Darrell G. Telke, $23.48; Paula J. Biegaj, $29.50; Estate of Anthony L. Basile, $11.80; Todd or Sandra Burkhardt, $61.62; Nissan Infiniti, $41.39; by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.

Public Comments on Non-Agenda Items

Mayor’s Report – Correspondence/Discussion
a. Historic Property Commission – met to organize commission; involved in process of setting calendar and will be meeting on a regular basis.  Moving forward to discuss waterwheel component as only item now for this commission to deal with.
b. All Terrain Vehicles (ATV) Ad Hoc Committee – met as organizational piece and setting calendar to meet on regular basis.
c.  Ad Hoc Committee on Blight – met informally to organize and will meet on regular basis; have asked for town attorney’s presence to discuss issue of blight ordinance and will report to Council with findings when complete.
d. Board of Education:  Local Prevention Council Federal Grant for 5 year period of time has been received and this is a wonderful opportunity to do things with students, community and will be forthcoming with additional information.
e. Update on Solid Waste Curbside Trash Collection/Transfer Station Update – will need to update transfer station and will bring forward report on costs relative to upgrades; curbside voted down.
f. Update on Town’s Deferred Pension Plan – in packet as correspondence; town needed to make some changes on pension plan for the town.  Have agenda item to discuss Charter language and things needed to be done to make changes to move forward.
g. Waterwheel Grant Application/Demolition of Buildings – has moved forward and received correspondence today and there are a number of items to be done for procurement before starting to get reimbursement; need to put up sign immediately for CT Council on Tourism and Culture who is funding program; must present every documentation whether bid procedure or newspaper notification; bid copy; manner in which selection process done, etc.  This is a very length process and hope based on fact have bid proposal will need to wait until it is sent to the State first for their blessing.  The Town will conform to every item required.
h. South Main Street Reconstruction Contract – has been forwarded to the State, approved and information from Public Works should be forthcoming.
i. Municipal Facilities Committee; Feasibility Study Bids – there is meeting on September 8 and will have two presenters from 6-7 and 7-8.  Any Town Council member can attend to listen to presentations; bids range from $20,000 to $45,000.

a. To appoint Larry Deschaine and Bruce A. LeBeau to the Ad Hoc Committee on Blight
MOTION:  To appoint Larry Deschaine and Bruce A. LeBeau to the Ad Hoc Committee on Blight, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
b. To Accept the Resignation of John Murphy from the Zoning Board of Appeals
MOTION:  To accept the Resignation of John Murphy from the Zoning Board of Appeals, by Councilwoman Jandreau; second Councilman Sekorski with regret.  Discussion:  none.  Vote:  unanimous.
c. To appoint Barbara Watson to the Zoning Board of Appeals; Term to expire 2/19/2010
MOTION:  To appoint Barbara Watson to the Zoning Board of Appeals; Term to expire 2/19/2010 by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  Councilwoman Jandreau stated she is a great addition to the Zoning Board of Appeals and nice to have woman on board.  Vote:  unanimous.
d. To accept the resignation of Matthew J. Halko from the Planning and Zoning Commission due to armed services duty to our country (alternate position).  Mayor Festa stated previously this situation occurred and the person was allowed to sit until complete tour of duty and Matthew will sit as alternate until he leaves and then fill in until he returns.
MOTION:  To move Matthew J. Halko to an Alternate position on Planning and Zoning, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
e. To appoint Frances Block to the ATV Ad Hoc Committee
MOTION:  To appoint Frances Block to the ATV Ad Hoc Committee by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  none.  Vote:  unanimous.
f. To appoint Richard Foote and David Philbrick as Alternates to the Historic Property Commission
MOTION:   To appoint Richard Foote and David Philbrick as Alternates to the Historic Property Commission, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote:  unanimous.
g. To reappoint Cheryl Gianesini to the Plymouth Housing Authority, term to expire on 8/31/2013; to reappoint Joyce Relihan to the Plymouth Housing Authority, term to expire on 8/31/2013
MOTION:  To reappoint Cheryl Gianesini to the Plymouth Housing Authority, term to expire on 8/31/2013; to reappoint Joyce Relihan to the Plymouth Housing Authority, term to expire on 8/31/2013 by Councilman Sekorski; second by Councilwoman Jandreau.  Discussion:  none.  Vote:  unanimous with Councilman Gianesini abstaining.
h. To accept the resignation of James Deutsch from the Charter Revision Commission
MOTION:  To accept the resignation of James Deutsch from the Charter Revision Commission by Councilwoman Jandreau; second Councilman Sekorski.  Discussion: Councilwoman Jandreau stated it will be a loss to the Commission as he was doing a good job and will be missed and thanks for work so far.  Councilman Gianesini stated it is a difficult position to Chair due to diversity of ideas and many of the people were enthusiastic and he thought Mr. Deutsch did a good job to channel activity and in a positive manner. He has a great deal of patience for what he did and hopefully next individual will continue where he left off.  Vote: unanimous.

Take Action to Refund Property Taxes: Richard White, $5.84; Joseph Maddalena, $31.70; Barbara Grant, $30.91; Adam T. Whitley, $16.73; Joseph/Janice Mazon, $28.78; Lawrence M. Minor, $27.57; Honda Lease Trust, $69.38
MOTION:  To refund property taxes as listed in this item and as amended by Councilwoman Jandreau under Item 5, by Councilman Sekorski; second Councilwoman Jandreau and the vote unanimous.

To Remove From Table and Take Action To Refund Property Taxes To:  Wendy S. Miller, $9.21; Shirley Hapeman, $10.05 – Mayor Festa stated for clarification due to requests were made out to spouse and clarification from tax collector it does not matter whose name on form for refund nor who signs as long as it is husband and/or wife. 
MOTION:  To remove this item from the table, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.
MOTION:  To refund property taxes to:  Wendy S. Miller, $9.21; Shirley Hapeman, $10.05, by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  none.  Vote:  unanimous.

To Approve and Authorize The Mayor To Sign The Contract Between The Town of Plymouth And The WPCA Regarding Payment Of Bonds For The Treatment Plant Upgrades – Attorney Vitrano distributed the contract stating it is substantively the same as paragraph the Mayor included in the packet.  This deals with WPCA and supplemental equipment, $385,000 bond issue, approved by Council as well as all necessary approvals, WPCA approved.  Bonds to be issued and contract between WPCA and the Town of Plymouth, reviewed contract to pay interest on bonds and mechanism in place to collect fees from users.  Initial presentation was this bond issue will not cost the taxpayer, paid for by fees generated by WPCA and the contract puts that in place. Once Council approves and authorize the Mayor to sign; WPCA will approve and then bonds can be issued and project funded.  Referendum is not necessary.
MOTION:  To approve the contract between WPCA and the Town of Plymouth regarding payment principal and interest in bonds on $385,000 as has been presented to the Council and authorize the Mayor to sign, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  none.  Vote: unanimous.

Attorney Vitrano stated he and the Comptroller were discussing issue and unless the Council wants to, there is no statutory or Charter requirement that there be a vote at a town meeting authorizing the transfer.  Transfers appear to be consistent with authority of the Finance Board but as the Mayor and Council have done and keeping with open information policy, you may want to set a town meeting for public information purposes but unless decide otherwise there is no requirement at that town meeting for a vote to approve changes.

To Set A Date For A Town Meeting To Allow For Public Input/Vote Regarding End Of Year Budget Transfers As Per Comptroller’s Report  - Councilman Gianesini stated this is an annual event during his tenure on the Board of Finance to recommend transfers which come back to Council and no need for public vote.  Discussion held with either regular meeting with Board of Finance or hold in public session with concern that town meeting denotes vote; can we use other term.  Mayor Festa stated the town meeting is to openly let people know what is happening with fund and listen to explanation; Councilwoman Jandreau asked if public hearing would be more of a proper term.  Attorney Vitrano noted the parameters of a town meeting are established by the Call of the Meeting, which would be specific for informational purposes only; however, generally meetings for information are called public hearings.  Dave Bertnagel stated last  month received listing of transfers and close out done in general fund and will have surplus of approximately $104,000; all departments came in under budget on expenditure side.  Had several areas where salaries went over due to attritions and retirements; other overage was snow removal and fuel/ heating oils and there are adequate resources to transfer within.  Councilman Sekorski stated key is there is no new appropriation and transfer of existing funds and therefore no vote needed by public.
MOTION:  To hold a public hearing to allow for public input regarding end of year budget transfers per Comptroller, by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  Councilman Sekorski asked for timetable and when need to be complete.  Dave Bertnagel stated they already have legal effect but for public by October 31st.  Vote: unanimous.

To Discuss The Status Of The Public Works Commission, Sidewalk Ordinance, Local Vendor Preference, Code of Ethics – Mayor Festa stated the need for parameters and date for rescinding or what action Council would like to take.
MOTION:  To set a date to work on these items by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  current ad hoc committees are on Blight, ATV and Code of Ethics; Public Works is in ordinance state and decision needed to enact or rescind; Sidewalk is another ordinance; Local Vendor Preference is ordinance.
Vote:  unanimous.

To Enter Into Executive Session For The Purpose of Reviewing Negotiations And Tentative Agreements For Union Contracts
MOTION:  To go into executive session for the purpose of reviewing negotiations and tentative agreements for union contracts, inviting the Mayor and Town Attorney at 7:36 p.m. by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.
Mayor Festa called the meeting back to order at 8:07 p.m. noting they are out of executive session.

To Take Action, If Any, From Executive Session
MOTION:   Move to approve the tentative agreement reached between the Town of Plymouth and Plymouth Police Union Local #2444 which tentative agreement has been reviewed by the Town Council and approved by Attorney Nicole Bernabo, the Town’s Labor Attorney, and further move to authorize the Mayor to finalize an agreement including any technical revisions consistent with this tentative agreement, and sign on behalf of the Town, by Councilman Sekorski; second Councilwoman Jandreau.  Discussion:  none.  Vote:  unanimous.
MOTION: To approve the tentative agreement reached between the Town of Plymouth and the Water Pollution Control Authority (WPCA) Local 1303-205, Council #4, which tentative agreement has been reviewed by the Town Council and approved by Attorney Nicole Bernabo, the Town’s Labor Attorney, and further move to authorize the Mayor to finalize an agreement including any technical revisions consistent with this tentative agreement, and sign on behalf of the Town, by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  none.  Vote:  unanimous.

To Discuss And Take Action On Town’s Deferred Pension Plan – Mayor Festa stated this is an item that needs to be brought forward; difficulty is relative to the Town pension plan and two agencies involved; Aetna which holds monies allocated and payment of retirement checks and set up as annuity program which means when employee retires they take best years of salary, multiply by number of years of service and it is calculated and based on that and wages.  Earlier last month had situation develop on BOE members retiring, BOE is part of this pension plan, and employee from town side retired for a total of $1.5 million to $2 million to be transferred. When they did transfer for BOE side no money was left for town side retiree and have two additional retirees this month; Aetna would not take partial payment and their program is money is to be sent over in one swoop; ING does not have that money; did research and found although auditor states we fund at 100% on pension plan it means we are putting in our share and employee putting in their share which equates to100% but does not mean fund is funded and this does not cover retirement through Aetna plan.  Called for meeting with Aetna, Miliman, ING and Hooker and Holcomb which is BOE actuary, and found there are 2 issues.  One, actuaries have two different reporting years and we are never on same path; two, the BOE did not stop including new hires when the Town took action in 2001 to stop new employees from entering this plan. ING and Aetna representatives indicated they requested the Town to change from this plan some time back.  The Plan was developed in 1969 and not touched since.  Have had small returns on our investment over time; now in process of making changes and will meet again with attorneys and principals of Aetna and ING to resolve monetary issues.  Had to go forward with change in plan and have gone to a Deferred Placement Authorization (DPA) which allows the town to send off salary payment 2 months in advance to Aetna for purpose of distributing monthly paycheck on retiree account.  Agreed upon in term and need action tonight to take a look at the plan and make change to formally authorize moving to DPA.
MOTION:  To formally approve changes from current pension plan to Deferred Placement Authorization (DPA), by Councilwoman Jandreau; second Councilman Gianesini.  Discussion: Mayor Festa stated anyone involved in plan is guaranteed coverage and no loss of benefits or coverage.  Vote:  unanimous.

Council Liaison Reports
a. Councilwoman Jandreau:  Fire Commission no meeting; Planning & Zoning did not have a regular meeting but special meeting was held and settled issues with School Building Committee and approved Temporary C.O. for 3 months at which time the Building Committee must come back.  Planning and Zoning needs a new member. Charter Revision moving along, Vice Chair Tom Zagurski chaired meeting and need regular and alternate members.  Inland Wetland held no August meetings; Housing Authority will elect officers in September; ZBA, in need of one member.  Plymouth Fire company sent invitations to Council for event.
b. Councilwoman Denski:  BOE, school opened today; public comment given on no sidewalks on North Main St; student parking fees at THS $50 for the school year which is new; new tax shelter annuity plan; Channel 16 events.  Mayor Festa stated Bill Krohn is in contact with Steve Mindera for Sky 13 and in touch with Lisa Aiudi to contact with audio visual and work collectively with students to tape our meetings.
c. Councilman Gianesini:  I/W did not have August meetings; Planning and Zoning only special joint meeting as already noted; WPCA cancelled due to lack of quorum.
d. Councilman Sekorski:  attended Ambulance Corps  40th anniversary party and congratulations to them on this anniversary of operation.

Public Comments
a. Keith Golnik, 46 Orchard Street, (a) wondering if he can get comment on tentative agreement with police union and establish of canine handler position.  Mayor Festa stated he will be moving forward now that contract was resolved and will be coming shortly for discussion.  (b) as Vice Chair of Police Commission, he was asked to push forward request for speed limit on North Main to 25 mph and now elementary school is on that road and request Town Council look to push for sidewalk continually on North Main as a lot more young children are there, and looking for sidewalk on Hillside Avenue.
b. Susan Jensen, 8 Bernice Avenue, (a) stated for 8 years she has lived here and wondering where the skate park is.  Mayor Festa stated at this point in time it is in limbo. The issue is there are a number of projects discussed but no money earmarked for them; need to know for certain where we stand and have talked with state and federal people and no money available for grants for these situations. Looking forward to developing a bond package proposal which he will bring to Council and townspeople on major projects to look at including infrastructure which may be in the millions of dollars and only way he can see to have this town move forward.  It will be a burden when some look at amount of money; we cannot put $50,000 in one account and $25,000 in another and have the money to take care of Lake Winfield, and do a skateboard park.  As a side issue he did sit with two colleagues, Bristol and Burlington and looking to come together to form consortium when we need equipment that Bristol may have, we will loan from a neighboring town and save money.  We need to use resources, i.e. grant writer from Bristol to help us write grants for things such as skate park and senior center, etc.  Very much taken aback that we have not gotten anywhere with Lake Winfield as it is the only recreational site in this community and working with the State.  When we do have something firm for the townspeople he will come forward.  (b) as a parent of 3 boys, 24 and 18 and 6 years; this town has a big drug problem because 18 year old was younger and into skateboarding and biking with no where to go where police weren’t called on them.  CVS was one place she used to watch kids and believes it is a big issue and our children are our future and does not know where money would come from, doing research and knows of a professional skateboarder who has given money to other towns in other states to help get these things for the children and to get off streets.  Mayor Festa stated the town would be grateful for any research and would welcome the information.  He has spoken with Mayor Ward on their parks in Bristol, and found Terryville people in Wolcott sitting at Peterson Park with their children. They have done nice job in small area including skate board park and nice to see younger children involved in fenced in area.  If those towns can do it there is reason we need to look at it.  (c) a skateboard park is good and she would be ecstatic; but, again, the drug problem is a serious problem and knows children and her own child has had problems for 5 years and not something light and they are sticking needles in arms and problems they will have for the rest of their lives.  She loves our police department who has helped her out a lot and years ago they were talking about a club to help children.
c. Keith Golnik, stated the last administration when Jan was Mayor, there was application for a grant to establish a skate park and he never remembers any discussion if approved.  Mayor Festa stated what he knows of it, that skateboard park was part of a $10 million package submitted to representatives in Washington and at that point told no money was available.  He has the packet in a drawer and a lot of sense to a number of programs and projects.  Earmark of $500,000 was allocated to Fall Mountain Water and all that came from Washington.  He is looking at those kinds of things and working with Parks and Rec on chemical treatment at Lake Winfield and meeting with mayors and selectman to start sharing likelihood of grant writer.  This was spoken on at EDC. hired someone to do oversight and three pages on information given and one was telling us where to go to secure grants and we are looking to share resources and move forward.

Council Comments:  To Remove From Table Town Council Comments Per Last Council Meeting
MOTION:
Mayor Festa stated there is no motion and will move forward on Agenda.

Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.
Meeting adjourned at 8:35 p.m.

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

The Special Meeting of the Town of Plymouth Town Council, August 11, 2008 was called to order at 7:01 p.m. by Mayor Vin Festa in the Assembly Room, Town Hall.  In attendance:  Councilman Peter Gianesini, Councilwoman Jeannine Jandreau,  Councilwoman DiAnna Schenkel, Councilman David Sekorski, Mayor Vin Festa, Robin Gudeczauskas, Council Clerk, Tony Lorenzetti, Director of Public Works, Dave Bertnagel, Interim Comptroller.  Excused absent, Councilwoman Jacqui Denski.

Fire Exits – Noted for the record.

Pledge of Allegiance

Town Council Rules and Procedures – Councilwoman Jandreau asked that Council Liaison Reports be listed on meeting agendas in the future.

Public Comments on Non-Agenda Items
a. Melanie Church, 328 Main Street, would like to comment on topics listed under mayor’s report and should she do so now or wait. Mayor Festa responded that she can speak as items are brought forward.

Mayor’s Report – Correspondence/Discussion:
    a. Update on Demolition of Buildings at 268 Main Street – have Request for Bids to take care of demolition, but due to hazardous material the town needed an environmental study and can move forward with razing with outfit involved with hazardous material.  Within the next month there should be a change in site.

    b. Department Supervisor’s Meeting – have begun process of holding meetings on a regular basis and will establish weekly meeting with supervisors to discuss particular department needs and concerns.

    c. Establishment of Safety Committee – Human Resources, William Bellotti, has held two safety committee meetings.  These meetings are separate from meetings held  by State Statue that are held 4 times per year with individual of each town department with risk management person who comes in.  Safety committee meetings are interaction between Mr. Bellotti’s office and department representatives.  The objective is to look at workers compensation claims and bring down to reasonable number.

    d. Curbside Pick-Up Referendum 8/12/08 – reminder tomorrow is referendum on trash pickup.  Two public hearings were held on issue and vote will decide voice of the people.

    e. Public Works Department/Bushnell Street, Chestnut Street, Tomlinson Avenue – have been working on Bushnell and wonderful job on drainage itself; Chestnut and Tomlinson work done with drainage and asphalt.

    f. Chip Seal Road Program – Has begun again and any concerns should be taken to Public Works.  Melanie Church, 328 Main Street, chip seal road program, is the town using the same company as last year as there was nothing but complaints.  We are banging our head doing the same thing and expecting different outcome and spoke with Mr. Lorenzetti about this today.  Streets were done last year and there is not one good street.  Questioned is it a waste of money, is there a guarantee with it, will we have people upset as with former streets.  This is a major issue and the town should have looked at another company when there was that much of a mess.  Other thing was demolition and when mentioned it on buildings, are you saying there will be two contractors.  Mayor Festa responded it will be the outfit that handles hazardous waste that does the demolition.

     g.  VNA (Visiting Nurses Association) update – next month tell tale sign as to move forward or not and have been doing policy review and changes in procedures.  Money issue has changed and are coming forward with good funding.  Census is still down.

    h. Update and Discussion On Request For Storage Space to House Clothing For The          Clothing Closet Program - have request that came forward for any space in town to allow the clothing closet to store clothing they would appreciate as they have outgrown space.  Increase in past several months such as with the food pantry with requests/concerns and food needs.  Clothing has also demand and need help in spacing.  Presently short on space at town hall and have been trying to find extra storage space.  If anyone in the public knows of place they are asked to call . The program will stay at the church but needs storage.

Appointments/Resignations
    a. To Appoint the Following:  Walter R. Lassy, Keith G. Golnik, Victoria A. Carey, Debra Blanchette, Kenneth Blanchette To All Terrain Vehicle Ad Hoc Committee noting the first meeting is scheduled for August 19th at 7 p.m.
MOTION:  To appoint Walter R. Lassy, Keith G. Golnik, Victoria A. Carey, Debra Blanchette, Kenneth Blanchette to the All Terrain Vehicle Ad Hoc Committee, by Councilman Sekorski; second Councilwoman Schenkel and the vote unanimous.

    b. To Appoint Sally Barnes To The Plymouth Volunteer Ambulance Corps Board of Directors
MOTION:  To appoint Sally Barnes to the Plymouth Volunteer Ambulance Corps Board of Directors by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

    c. To Appoint Helen Nejfelt, Diana Oberg To The Historic Properties Commission with their meeting date of August 20th in the Assembly Room
MOTION:  To Appoint Helen Nejfelt, Diana Oberg To The Historic Properties Commission by Councilwoman Jandreau; second Councilman Sekorski.  Councilwoman Jandreau stated Helen knows what she is doing and Diana is a very good person and will do a good job.  Vote:  unanimous.

    d. To Appoint Barbara McClellan, William Hubbard, Brian Barnes, Donald Souza To Ad Hoc Blight Committee – Meeting date is August 18th in the Assembly Room
MOTION:  To Appoint Barbara McClellan, William Hubbard, Brian Barnes, Donald Souza to the Ad Hoc Blight Committee by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

To Take Action To Refund Property Taxes To Shirley Hapman, $10.05; Wendy S. Miller, $9.21; Richard P. White, $5.84 – Mayor Festa stated in looking over the forms, Richard White is the individual that signed off but with other two, Wendy Miller and Shirley Hapman, both forms were filled out certifying Alan Hapman, signed by Shirley ; and Richard Miller to receive refund but signed by Wendy.  The forms need to be rectified and the Council should only take action on Richard White refund.
MOTION:  To table property tax refunds on Shirley Hapman and Wendy Miller by Councilman Sekorski; second Councilwoman Jandreau and the vote unanimous.
MOTION:  To refund property taxes to Richard P. White in the amount of $5.84, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Discuss And Take Action To Approve The Amended Board of Education Pension Plan – Mayor Festa stated information is in packet noting introduction is self explanatory, in accordance with terms of plan but the issue is relative to legal appropriation and the Town Council must approve the plan document.  This is a process of amending and restating, took a number of years and looking for approval.
MOTION:  To approve the Board of Education pension plan as amended by Councilman Sekorski; second Councilwoman Schenkel.  Discussion:  Councilman Sekorski stated  outstanding item relative to time period the secretary’s would be eligible and is that part of change.  Mayor that is part of technicalities and to align for proper recording and procedure and goes back maybe 6 years through several administrations.  This particular plan covers Board of Education employees and there is a separate plan for town employee that does not have impact on this plan.  Vote:  unanimous.

To Introduce By Resolution A Request To Authorize The Mayor To Sign The Agreement With The State of Connecticut For The Reconstruction Of South Main Street – Mayor Festa noted complete package in packet and Mr. Lorenzetti is here to answer any questions on the project.  Councilwoman Jandreau stated she lives on South Main Street and asked if she needs to withdraw from this item. Mayor Festa stated he did not believe so.
MOTION:  Councilwoman Schenkel motioned and read the Resolution into record: 
“RESOLVED, that Vincent Festa Jr., Mayor, be, and hereby authorized to sign the agreement entitled:  “Agreement between the State of Connecticut and the Town of Plymouth for the Development of Contract Plans, Specifications and Estimates for the Reconstruction of South Main Street utilizing Federal Funds under the Urban Component of the Surface Transportation” and a certification indicating the Council adopts as its policy to support the nondiscrimination agreements and warranties required under the Connecticut General Statutes” Adopted by the Town Council of the Town of Plymouth, Connecticut this 11th day of August 2008”; second Dave Sekorski.  Discussion:  Councilman Sekorski asked for clarification that the section of South Main described is that known as Garber’s corner; Mayor Festa stated that is correct.  Tony Lorenzetti noted the plan is to eliminate the sharp corner, still have curb, and over a year ago began looking for design, then right of way procurement, construction and will be estimate of 3 year project.  Vote:  unanimous

To Introduce By Resolution A Request That The Town of Plymouth Adopts A Policy To Support Non-Discrimination Agreements and Warranties
MOTION:  Councilwoman Schenkel motioned and read into record the Resolution for certification “RESOLVED;  That Mayor Vincent Festa and Town Council hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes subsection 4a-60(a)(1) and subsection 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142”; second Councilwoman Jandreau and the vote unanimous.

To Set A Date For Presentation On Energy Improvement Districts (EID) With Mr. Gary Hale And Plymouth Industrial Park Business Owners
MOTION:  To set a date for presentation with Mr. Gary Hale and the industrial park business owners by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Mayor Festa stated there is an issue on problems with electricity and power outages in the industrial park. Business owners are frustrated when the get brownouts and this is happening not only in the industrial park but parameters in neighborhood.  A homeowner can replug coffee pot or microwave but short outages in a business with computerized machinery and applications, jobs being lost, and when machines go down they can be down for 4-5 hours .  There is a major push by business owners to have something done, they called for a meeting in April and subsequent meetings have been attended by Representatives Hamzy and Colapietro, Bill Kuehn, Craig Stevenson and CL&P to find particular issues on why occurring.  To date everyone has been trying to come up with solutions and in the meantime, Mr. Gary Hale was brought forward to talk about energy improvement districts.  This program started through legislation last year to allow communities to develop their own energy districts, such as Stamford, South Windsor, and question on Plymouth looking into this.  Industrial park is in favor of presentation for better understanding of program and the bottom line in terms of cost savings.  Much research has been done on the kinds of EID’s such as solar, fuel cell, windmill. Issue at hand is if this is something to bring forward for the benefit of resident businesses in the industrial park.  The group the Council met with, CT Rural Development, who did studies on what is good for our town, brought up something on Wallingford who has electrical generating equipment there and worth it to see if this might work in our town.  Mayor Festa stated there is a number of intricacies on this issue and met last week with CL&P who indicated this is not an easy task and do not be fooled by Pollyanna approach. Bottom line is do we have major problems and to date Northeast Utilities is looking into it but no definite answer.  Should lines be dug up and put overhead to alleviate water problems.  Even outages with phone service and based on discussions with individuals you cannot help but feel sorry; they are in business to make a profit and we need to look into it.  The utility company is talking about feeding electrical from Chippens Hill vs. from Torrington but looking at millions of dollars in costs for the utility company.  Councilwoman Schenkel stated she knows Mr. Spargo who is a reasonable man and does know his business has suffered greatly from outages and feels it is decent of him to want to have discussion and now need to determine options.  Mayor Festa stated Mr. Hale represents Halloran and Sage, lobbyist in Hartford, company involved in EID program relative to move it forward within communities. He will do presentation on concept of energy districts.  Melanie Church, stated Main Street has been losing electricity a lot in last ten years.  Major stated outage on weekend was from lighting hit at substation but industrial park is different.  Peter Gianesini stated a few years ago in a.m. he would hear all his clocks beep from few second interruption and after a few occurrences wrote a letter to DPUC.  His power comes from Thomaston and result there was a bad capacitor at electric oven at power substation which was fixed.  But over years our part of town has had an awful lot of interruptions and sometimes due to Rt. 6 by curve; there is nothing wrong with having presentation.  There are always weaknesses in grids and something needs to be done.  Mayor Festa stated this will be a special meeting, not a Council meeting, because business owners need to listen, share problems, etc.  He noted during power outage a few weekends ago there were different estimates from people in main office compared to workers/crew on road. Vote: unanimous.

To Discuss, Review And Take Action, As Necessary, On A Bid Waiver To Marola Motor Sales, Inc. For The Purchase Of A New Highway Truck –
MOTION:  To discuss and review Bid Waiver to Marola Motors Sales, Inc. for the purchase of a new highway truck, by Councilwoman Jandreau; second Councilwoman Jandreau and the vote unanimous.
Tony Lorenzetti stated there is an international fleet which gets more and more difficult to get equipment and use for winter.  Have proposal from Marola who is one vendor in region and fixed/hold price on this particular truck at $151,300.  The Town orders the same type of trucks and mechanic stock parts; what drivers drive.  Price of a 63978 is equipment package for truck and included in $151,300; page 11; pricing reviewed.  Money was appropriated in current budget.  Dave Bertnagel stated 3 year term, $55,000 allocated this year and Board of Finance is aware.  This is part of scheduled replacement.  When Public Works puts out to bid, this is the only company who bids and only one other dealership further down line who will not come into this territory.
MOTION:  to take action to do bid waiver to Marola Motor Sales for purchase of international truck as recommended by Tony Lorenzetti, appropriation is already in order and method of payment determined in 3 year package as discussed, by Councilman Sekorski; second Councilwoman Jandreau and the vote unanimous.

To Discuss, Review And Take Action, As Necessary, On Year-End Transfers Within The General Fund Total $650,359.00 –
MOTION:  to discuss and review year end transfer within the general fund, by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  Dave Bertnagel stated this is requirement at year end and in past years have appropriated from fund balance.  Review of overages held noting several are heart and hypertension, $72,000; attorney fees from last year of $53,000; snow removal. Board of Finance was aware and had stated they would cover at year end transfers.  Also in list are gas and oil, issues with VNA and payouts.  Recommending transfer of $650,359 and once recommendation made would be subject to town meeting.  Dave Bertnagel stated this year he is not allowing any accounts to go into deficit; unfortunately a lot of issues last year such as heart and hypertension, salt and sand, oil and gas which cannot be helped.  This formality needs to be done by September, and to a town meeting, and annual report needs to be issued by end of October.  Councilman Gianesini stated from the Board of Finance standpoint when they make the budget you need to put in something for sand and salt, overtime and if put too much in people say you are overflating budget and if not enough you should have. You try not to over budget but be conservative and will never have it within $10.  Councilman Sekorski, on revenue side are there accounts with surplus and if none, where does $650,000 come from, the general fund?  Dave Bertnagel stated the $650,000 is in expenditure side and we have that in other departments to transfer internally to do this.  On the Revenue side only area with surplus is intergovernmental; tax collection rate will need to be addressed because budgeted at 97.5% but history shows we collect 95-96% and over estimating revenues and needs to be addressed. The Town will have surplus of approx $100,000; this is a reappropraition of funds and not an additional expenditure.  On internal control side there are ways for requisitions not to go over budget. Mayor stated there are some areas that are beyond control such as heart and hypertension which can be thousands to millions.  Councilwoman Schenkel stated as liaison of the Board of Finance, Dave repeatedly brought back to the board those accounts that needed to be cleaned up and put in where properly accounted for and there have been steps put in place on budgetary process. He works directly with BOF members to talk about most rationale way to manage budget.  The public needs to know and from reading minutes they can know.  Mayor Festa stated the Council can review packet for September meeting for further discussion and motion to move to town meeting or to move to the BOF tonight.
MOTION:   to move to the Board of Finance the year end transfers within the general fund in total of $650,359 by Councilman Sekorski; second Councilwoman Jandreau and the vote unanimous

To Enter Into Executive Session For The Purpose Of Reviewing Negotiations And Tentative Agreements For Union Contracts
MOTION:  To go into Executive Session with the Labor Attorney and Council at 8:00 p.m. by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.
Mayor Festa called the meeting back to order at 9:03 p.m.
MOTION:  For a five minute recess at 9:03 p.m. by Councilman Sekorski; second Councilwoman Schenkel and the vote unanimous.
Mayor Festa called the meeting back to order at 9:09 p.m.

Action, If Any, From Executive Session –
MOTION:  To approve the tentative agreement reached between the Town and Local 1303-151 (Town Hall) which tentative agreement has been reviewed by the Town Council and Attorney Nicole Bernabo, the Town’s Labor Attorney, and authorize the Mayor to finalize an agreement, including any technical revisions consistent with this tentative agreement, and signed on behalf of the Town; by Councilwoman Schenkel; second Councilman Sekorski and the vote unanimous.

To Discuss Status Of Water Wheel Grant In The Amount of $350,000.00 – issue is status of grant of waterwheel.
MOTION:  To discuss the Water Wheel grant, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
Mayor Festa stated he has asked David to participate in this. Concerned about this project as within the last 2 weeks have been notified by written communication and some through grapevine and the $350,000 grant from State has been revoked and copy of that is with him.  Particular copy is one sent at his request from Wayne Garnaway, the consultant for the State, as he could not locate a copy of this grant whether in the Mayor’s, Comptroller’s, Town Clerk or Land Use offices.  In discussion relative to a number of projects taken place, more recently on demolition of buildings that is forthcoming and received a call that the grant was lost; did nothing as community to take care of town side of bargain.  There are a number of issues failed to comply with in terms of simple operational procedures: putting a sign on property indicating state funded project with special color blue and certain size letters; way in which we went about business in putting bid specification through legal notification in newspaper, and either placing it in minority newspaper which would notify minorities and women, and/or putting postings on state website.  The Town put a legal notice in paper relative to demolition and as far as they went with it, and in violation of the State guidelines and rules governing this grant.  There have been a number of issues presented over the last months since becoming Mayor  to the concerns of not getting involved politically with the waterwheel, keeping it a project that is dear and close to everyone and reading into this that there might be a turf war he did not want anybody newly elected to wrap arms around project for fear it would be scrubbed and sent off into oblivion.  Several moments in several months of discussion, some heated, to some clarification on issue on how project getting off ground, funding used, etc. and the grant money sitting there is questionable now.  As a result last week of discussions on the grant and monies lost, the Comptroller’s office person knew of a checkbook in the closet, it is in original envelope came in, mailed 2/27/07 and sat there until this point in time and the very first check thru last is sitting for $350,000 to be disbursed for those particular projects which were part of the waterwheel park program.  Projects done to date came out of capital expenditure accounts; money we cannot put in for reimbursement because we did not follow guidelines of this grant and money now coming out of taxpayer’s pocket.  Additional money from Congresswoman Johnson’s office for $100,000, that money was used as a wash account; the Federal government kept the money in tow and when we needed the environmental study done they would send up the people to do it and the cost of them doing that study was taken from that $100,000 Washington.  It was received here as income coming in and put on revenue side; and that money is not sitting there.  Look at amount of money in capital expenditure of $209,760.53 that is not part of grant reimbursables and spent out of our own pockets.  Have copy of new grant for $350,000 and holding up the aspects of demolition and trying to do best not to make it look political and working with Public Works to get the bid out, get legal notices out so as to be under compliance.  Issue at hand is to have Resolution this evening and a certification requirement and had Ted, Administrative Assistant, working on this to get back into Hartford to get $350,000 reinstated; however, anything expended to date on this property will not be accepted for reimbursement by the State.  Grant application and process for this: timeframe for 9/1/06 thru 6/30/08 and where $350,000 came into play and everything spent could have and should have been put in for reimbursement.  Dave Bertnagel stated question of additional $100,000 state grant, looking into but cannot find it, hopes it does exist, and will check with Bill Hamzy’s office.  Melanie Church stated $150,000 grant and $100,000 when to the waterwheel grant and $25,000 for generator for Fall Mountain and $25,000 for sidewalks.  Dave Bertnagel stated what was appropriated in system is $100,000 (whether Federal or State grant); $350,000 from State of CT for special appropriation the Mayor spoke about; $40,000 from sidewalk assessment fund from Planning and Zoning, Pine View Estates, which might still reside in the General Fund; $36,000 appropriated from General Fund for purchase of property at 268 Main Street. Going through numbers, at $133,761 in the hole now not taking into consideration potential $100,000.  Regardless of what looking at tonight, we will need an additional appropriation or transfer from some account to pay for overage.  This project, from day one, has been in the hole $205,000; the last expense made on this project was in Jan 08 for $1300.  Up to that point reimbursement should have been submitted.  There was no paperwork to be found anywhere for dates or execution except blank checkbook, with no forms to be found to be filled out to have a live checkbook and no recourse.  When we accept a grant we say we will follow guidelines and the Mayor has identified five points we did not meet and the other points are financial report that should have been done.  Melanie Church, to refresh memory $150,000 came in from Hamzy and was an undesignated grant when Mayor Covello was here just before he left.  $100,000 was put aside to buy the Belonick property or Hart; the other money $36,000 needed was for Hart property and that was done during previous Mayor, voted on.  About that time when the BOF gave money, Jan announced they got $350,000 and the BOF asked specific question can we get $36,000 back and she said no.  The $100,000 was already spent; question now is at the Water Wheel Committee meeting she was given documentation from former Comptroller called chart of accounts and they made it as if money was coming out of $350,000.  Her question is somebody has to be responsible and do not think it is the taxpayers and thinks it is time that comptroller is held accountable especially when he hands out document and says money came from $350,000 and he did not do his job.   This is what taxpayers keep paying for when people say no taxpayers dollars will be used.  As taxpayer in community we need to look at former comptroller and to make accountability here and turn over to Department of Policy and Management.  We need to take a stand so these things don’t keep happening.   Patti DeHuff, Lynn Avenue, referenced Mayor and Council to page 48 of Charter, Chapter 7 section 8, subsection f  has to do with expenditures, read into record.   Do not know if applies in this case as to what happened in this particular case but would like the Mayor to look into what Melanie is suggesting is backed up by Charter  if spent money and not the way suppose to and not sure if language covers it but should be looked in to.  Councilman Sekorski, questioned balance that is expenditures of last year and needs to be part of reconciliation for 2007 fiscal year.  Dave Bertnagel stated it is over several years and accumulation, capital projects go for the life of the project, and need to look at $100,000 which may be only $33,000 and once find all documentation and details and will prepare accounting.   Councilwoman Jandreau, $150,000, the Council split it and should be in Minutes and because undesignated grant the Council decided where it would go.  Dave Bertnagel pulled out 2005 audit report and on page 9 noted waterwheel restoration activities.  Councilwoman Schenkel asked if the $133,000, is excluding property purchases; Dave Bertnagel stated he has gone through property purchases, reviewed analysis to $133 number and Belonick property is not included in analysis.   Mayor Festa noted changes and issues, and that he and David  will send notification to every department and agency within the Town of Plymouth that they report every grant in existence or pending and everything gets filed with the Town Clerks office.
MOTION:  Councilwoman Schenkel motioned and read into record:  “RESOLUTION: RESOLVED, that Vincent Festa, Mayor of the Town of Plymouth is empowered  to execute and deliver in the name and on behalf of the Town of Plymouth a certain contract with the State of Connecticut, Commission on Culture & Tourism, and to affix the corporate seal, if any.”  Second by Councilwoman Jandreau.  Discussion:  Councilwoman Schenkel stated as a taxpayer who has lived most of life here, this behavior is appalling and her heart breaks for townspeople  who worked so long on this project and those on the commission to think that their hard work almost went down the tube and thanked the Mayor for saving it.  He took action to make happen and he does it every single day.  Councilwoman Jandreau stated she was liaison to the EDC and started to question the fund and asked to show money and got a report from Muffy that everything was fine and that was a completely false report. We cannot let that go on.  Councilman Gianesini stated we are looking at symptoms of disease, administration comes in and always have to be honest and forthright about what doing.  Need to admit problem and do things legally.  Remember going back when assistant clerk was hired in the tax collector’s office and the position was already deleted from budget; money had to come from somewhere and support the woman who came in and did a good job. We need to correct situation and put checks and balances.  Councilman Sekorski stated it is not only a symptom but problems have turned over to administrations and stuff gets lost and people should be accountable but bigger problem is 2 years and hard to get things done and hopefully Charter Revision will look at different options for continuity of offices.  Running a town is big time business.  Mayor Festa stated he has spoken with Charter Revision to have transitional comments with change in administration staffing from standpoint they are changing form of government and the process by which it moves from one administration to another and need transitional team and oversight for someone watching what takes place.  Melanie Church stated Bristol has purchasing manual and in there code of ethics and comments to it; would like to see put in for accountability of every department head and would give a job description for responsibility of comptroller and will get copy of  that. If Council took as ordinance it would make easier to put in charter. Councilwoman Jandreau stated the Charter is well and good but it gets thrown out, broken, who will do anything about it; who will object as most townspeople do not know what it says.  There is no resource and where do you go or what do you do.  We need someplace to go.  Councilwoman Schenkel stated she did schedule for recommendation of charter with ethics commission; tremendous expense certain individuals incur based on beliefs felt right and cost them a lot of money. Hoping by suggestion it would be mechanism in government and creates group of neutral people to listen.  Also point that this is a corporation and if not aware of state statutes or labor laws, it is devastating.  Maybe a town manager would have education and background to bring to table issues.  Mayors may have best intentions for our town but this option requires diverse background.  Our present mayor will go for right answers and ask questions and has commitment to this town. Mayor Festa stated until move forward, Page 55, Chapter 9 of Charter subsection 5, Board of Ethics, can be established by Town Council.  We have Mayor/Council form of government and Mayor is figurehead; the Council is legislative body; the mayor does what is described by council.  The Charter dictates to Council the opportunity to establish board of ethics. The Mayor does not have the right to stop it.  Melanie Church stated that was used one time.  Discussion held on recent board of ethics; permanent commission when need to convene immediately.  We can implement based on public comment tonight to appoint ethics commission to be put in place to look and evaluate issues.  Melanie Church asked if the Council can have the Mayor turn over this evidence to the Office of Policy and Management and see if they find there are problems; and if recommend problems, they would have investigation on accountability.  Councilwoman Jandreau stated in this report it says remaining used by capital and nonrecurring; Dave Bertnagel noted there is a pool of cash and some funds preused and cash flow and issue of cash flow was in anticipation of money coming in from the state that never transpired. Vote:  unanimous.
MOTION:  Councilwoman Schenkel motioned and read into record “Resolution:  RESOLVED that the Town of Plymouth hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes subsection 4a-60(a)(1) and subsection 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142.”  Second by Councilman Sekorski and the vote unanimous.

To Discuss And Approve The Appointment Of David Bertnagel To The Position Of Comptroller
MOTION:  To approve the appointment of David Bertnagel to the Position of Comptroller, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Schenkel stated she is honored to have Dave Bertnagel as Comptroller and it has been a refreshing change to have actual answers to questions and forethought ; invaluable amount of experience and direction and couldn’t be happier to support this appointment.  Mayor Festa stated Dave will work in agreement under contract and will be making the same amount making yearly $70,200 for 30 hours, benefits receiving in employment will remain the same and no additional expense. Mayor Festa stated he is extremely fortunate that people have come across his path as mayor such as Ted Scheidel with 26.5 years experiences to come here part time and work more than part time hours; Bill Bellotti as retired Deputy Commissioner of Dept of Labor; and David came here with knowledge in terms of finances and what he has done to date in that office is beyond words and explanation, and amazed every day, and bottom line with putting budget in proper perspective, cleaning up small accounts, found accounts that does not know why there and tracing back.  He is truly blessed to have him come forward.  Councilwoman Jandreau noted that it is because Vinny is who he is that they are coming here and see his worth and honesty and work ethic and how can they say no.  Vote: unanimous.

Public Comments

Town Council Comments
MOTION:  to table this for next meeting due to time, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous

Adjournment
MOTION:  to adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
Meeting adjourned at 10:30 p.m.

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

The Public Hearing of the Town of Plymouth Town Council, July 22, 2008 was called to order at 6:30 p.m. by Mayor Vin Festa in the Community Room, Plymouth Town Hall.  In attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau,  Councilwoman DiAnna Schenkel, Councilman David Sekorski (arrived 6:45 p.m.), Mayor Vin Festa, Robin Gudeczauskas, Council Clerk and Tony Lorenzetti, Director of Public Works, Dave Bertnagel, Interim Comptroller.

Moment of Silence and Pledge of Allegiance

Fire Exits Noted for the Record

Public Hearing on Resolution for Curbside Trash Pick Up Program – Mayor Festa thanked attendees for coming to the Curbside Trash Pick Up Program public hearing for public comments; this is the second hearing for comments, questions, concerns and noted there will be a referendum on this question.  Presentation given by Mr. Lorenzetti on the curbside program with a review of the bid solicitation for curbside solid waste collection with the low bidder being Copes of Watertown who are in attendance tonight.  At the last hearing there was a lot of discussion on the transfer station, and noted handout available for review.  Currently municipal or residential solid waste removal through hiring of a private vendor or bringing to the transfer station.  Proposal is that all residential solid waste will be picked up curbside.  Recyclables will remain the same.  Transfer collection of metal, bulk items, waste oil and tires will remain at the transfer station going from a 6 day to 2 day operation and no solid waste collected at transfer station, bulk items only.  Solid waste proposal was set to allow for barrel sizes and program provides for barrels for each resident, automated collection and opportunity for resident to purchase a second barrel at a cost of $60 plus a $25 delivery fee.  Plan is 5 year bid with (2) 2 year options on bid and the town will own barrels at end of contract.  Schedule for pick up will be the same day as recyclables but weekly.  This includes single family, multi family up to 4, municipal housing units and some dumpster services to town facilities as part of the program.  The town will look at future transfer station costs which are significant if stay with current program.  By contracting solid waste it will change ways of operation which will save money.  Councilwoman Jandreau asked on condos, collecting from dumpsters or how; Tony stated there will be a specific dumpster location within.  Dave Bertnagel reviewed financial implications as presented, and has put together a scenario based on bid and current operations, handout reviewed, as well as keeping the transfer station open.   This (handout) is conservative and worse case scenario; reviewed.  Going through budget process in keeping transfer station open is on the top of this sheet going out for 5 years; bottom is the same but with curb side pickup; first year analysis shows if stay the same it would be $293,000 additional cost and .35 mills or roughly 1.2% increase in taxes and not until fiscal year 09-10 budget.  Also, employee at that location will be addressed by Tony.  This analysis shows employee on town rolls and if employee is eliminated there will be additional savings to approximately $236,000 including salary and benefits.  Five year plan working on now for transfer station and capital improvements needs to be addressed.  Estimates from $400,000 to $1 million for transfer station; regulations change.  Estimate calculation reviewed.  Council Questions:  Councilwoman Jandreau on new recommended proposal contract services tipping and not paid now?  Dave Bertnagel said contract services is all in one and below segregated.  Councilwoman Schenkel, (1) why if opening transfer station a day or day and a half, why is salary overtime listed.  Dave Bertnagel stated salary overtime is contractual; Saturday is overtime and will be part of contract negotiations.  Tony Lorenzetti stated there is also a man at the leaf and brush facility on Saturday.  (2) she was asking specifically for the Board of Finance that they want to see a cost savings in terms of employee, gave an extra employee this year; Tony Lorenzetti said position not filled; and they want a cost salary savings for taxpayers. Tony Lorenzetti stated there would be a cost savings either way even if position filled because transfer station and leaf brush facility come from highway department.  Public questions:  Brad Butler, 127 Greystone Road, top column in yellow, jumping salary from 09-10; Dave Bertnagel stated in budget process the fiscal year 08-09 request for second position at transfer station and depending on this whole curbside plan it would have to be addressed if curbside fails and will need additional employee at that location..  Bob Leroux, 297 Scott Road, would cost of bulk items remain the same or would that become more expensive?  Dave Bertnagel stated it would be the same from his understanding. The more garbage you throw away the more the cost to the town and for recyclables, if you throw away instead of recycling the tipping fee costs go up.  Ted Scheidel, Administrative Assistant, stated Plymouth is one of 14 towns in the consortium for collection and recyclables. There are tipping fess charged each municipality and garbage fee is $65.50 and tipping to recycle plant is $35.50 and a savings if garbage tonnage goes down and recyclable goes up.  With this plan we need to increase education to increase recycling.  The Town of Plymouth is way down in the amount of recycling to the point where lower than what committed to by population.  It is a fact that curbside collection of municipal solid waste does increase recycling; easier to police because the state has asked that 25% of waste be recycled.  Initiative for curbside automated will help to get to number and then we will go to single stream recycling.  Single stream recycling is where you throw all your recyclables into one container vs. current separation of metal, paper, etc.  Current costs of transfer station has need for repairs and additions if it is to remain operating and it is expensive; DEP also has changes to regulations and salary will increase as need for more than just one person and need for two if continue the way going.  Melanie Church, 328 Main Street, people that use Oliver trucking now, the tipping fees the town does pay but Oliver reimburses the town for the people they collect from and all tax payers are not paying for this. That cost factor would mean this budget will go up as you are not being reimbursed from Oliver who is picking up for private people.  Newspaper articles stated Thomaston went to referendum and in fear of losing rubbish pickup and that was one way of cutting budget.  Back in the 70’s we had rubbish pickup and too expensive, done away with and went to transfer station which was cheapest way.  Love creativeness if we do rubbish pickup it will save us.  At the last public hearing a remark was made of to stand at the transfer station will cost you the $8.  That did not add up. There is a new attendant there and have heard he is doing excellent job, sweeps up after cars leave; not worried about getting nails; things have improved.  She does not take her stuff to the transfer station and uses Oliver yet she is against rubbish pickup because that is one way to tie hands and say this is how much going up every year and if you look there is increase; it will cost about $700,000 to bring transfer station up to standards.  That $700,000 will last us 30 years and costs will not consistently go up.  Maybe more of a feasilibty study needs to be done.  As people who work in any industry today they are constantly finding ways to do things more consistently with less people but in the Town of Plymouth we need more people.  Want efficiency studies done in this town and feel overburden with employees.  Wants her voice known she does not support this.  Jean Arden, Sherman Lane, are they going to have bulk pickup at curbside once or twice a year.  Mayor Festa stated that program is not figured into this aspect and being looked into separate.  (2) looking at number $1.6 million from now to propose at end of 2013 and that money could be used to fix the transfer station and then it is done. (3) she and husband are starting, as getting older, to get rid of things and took a lot to Salvation Army and to Plymouth Congregational Church, who does not want more as they cannot get rid of what they have, and does not want to throw out.  Salvation Army stated they throw a lot away and now where does it leave her to get rid of stuff.  If you get rid of two quilts you will not have room in barrel.  Her mom is elderly and if she comes to live there they will need to get rid of pots and pans, cannot throw in trash and what do you do.  Dave Bertnagel stated relative to expenses in question 2; $1.6 is over a 5 year window and worse case scenario. There may be further savings if position is eliminated and over five years down another $250,000 or so.  Dianna Schenkel, only food and garbage decomposable goes in cans; no paper or plastic.  Quilts and household would not be curbside.  The issue is our transfer station is inundated with basic household trash; the only way to make improvements is alleviate strain on the transfer station and take consumable trash out.  Ease the burden on transfer station to be assessed, evaluated and properly repaired.  (4) are they (Copes) giving a list of what can go in barrels.  Councilwoman Schenkel stated Copes will give a complete list of items and help educate citizens.  She found at the last meeting that Copes to be customer friendly; for example in snowstorm on coming back same or next day if miss.  Mayor Festa stated in response to her third question there is a proposal looking at swap shop at transfer station where there are communities who have resident sit and exchange particular items of value and worth from one to another.  Jean Arden stated her son went to the Cape and at their transfer station they do have building called swap shop; but here planning and zoning stated there is scavenging ordinance; Mayor Festa stated not if set in proper way.  Dave Bertnagel stated revenue reimbursement for clarification the number is reflected on reimbursement for tipping fees and built in to analyses.  Ken Jobabby, 10 Frankie Lane, (1) worried about mill rate and heard him say it may go up and having hard time keeping his house the way it is and everybody is having hard time now, oil prices up, and now an increase in mill rate.  Dave Bertnagel stated mill rate between .34 and .375 mill increase equates to 1.2% increase.  (2) If on border line that may be a lot.  Peter Gianesini stated if in the event it does not go through and you are not spending, you need to pay $700,000 for the transfer station which will be added into the mill rate over time.  Peter noted if you go to the transfer station there is little supervision and people do not put window stickers on and with Phase 2 of the Federal Stormwater requirement all dumpsters need to be covered and impossible for one man to cover; will pretty much be mandated for two people to work there and down the road very substantial costs in increases at transfer station and with all the new requirements by EPA and work down the road.  Lynn Robinson, 14 Richmond Drive, question on what is allowed to throw in trash hearing you cannot throw shirt or pair of shoes, only trash trash.  Tony Lorenzetti responded that you can throw shirts, quilts in solid waste.  Plymouth has mandatory residential recycling and in terms of that basic items are food containers, glass, plastic, cans, newspaper, cardboard because the market is so good; can also put junk mail in recyclables and there is a container at the transfer station for recyclables. Household hazardous and yearly several waste days are held in this region for ability to bring for free such as oil based paint, something under kitchen sink, bulk items will continue to go to transfer station.  Transfer station also offers electronic recycling such as big screen TV’s, additional manpower problem is attendants cannot check bags and what goes in.  If the public needs information please go to public works.  Sounds like there is a need for more education and he will work on that.  Mr. Dunbar, Copes, stated the business has been around since 1930, family owned and operated, he is 3rd generation and sons 4th generation; provide services to 8000 single family residents, condo units and approximately 1000 commercial customers.  What can put in refuse; easier to say what cannot such as hazardous waste.  Can put anything not recyclable coming from house except sofas which are bulk waste.  Website gives list of what cannot and can be thrown in.  Recycling issue, have been pushing since 1987 and the State mandated in November 1991.  Great program and future of business.  State will mandate 50-55% recycling and encourage people to recycle.  Currently in Watertown he will go into the school systems and preach recycling to kids who go home and encourage parents to do it.  He has also put on recycling program for Lions, Rotary Clubs, etc.  Bob Leroux, 297 Scott Road, don’t you think recycling would work better with weekly pickup as he has rough time on keeping track what week and larger containers.  Mr. Dunbar stated the future of recycling will be single stream and they are starting pilot program and looking at automating their recycling program.  Two barrels in back of the room are smaller and would be for recycling and his hope is in the future the bigger barrel will be used for recycling and smaller barrel for rubbish.  Items recycle will increase in single stream with aerosol cans, any type cardboard, pizza box, 6-7-8 plastics.  Tony noted Mr. Dunbar is not recycling contractor and the town does have larger buckets in public works for $5 each and vendor will pick up any other open containers at curbside.  Audrey Bennett, 61 Preston Road, stated trends in recycling are going towards need for more and more specialized people to be involved; cost effectiveness is interesting in that 1% down to $12 if paying 1000 for taxes and also considered  concern on gas if goes up may pay more in gas going to transfer station.  Also, with recycling as consumers we need to be aware of people whose garbage are those who manufacture and we need to write letters to people who give us stuff in plastic and get rid of anti theft device which we need to throw away and pay to throw away.  Cost for private removal, if you can pay for it great but our economy is in a delicate position and over long haul this will be something to do or not do and will cost more in long run.  Greg Girch, 11 Knight Lane, go over, heard about mill rate will go up and is there monthly fee charge.  Dave Bertnagel, most part, worse case scenario in the first year of budget will be one shot cost for town of $293,000 and that number could be lowered if position at transfer station is not needed and lowered by $55,000.  The mill rate is .34 mills or .375 increase and no monthly charge but 08-09 budget set and based upon trend, if higher percentage of recycling, the $293,000 may shrink to $200,000 or $190,000 and that will affect mill rate.  There is not a monthly fee on top of cost because it is part of tax.   Councilwoman Schenkel (1) what was the projected deficit originally facing in November.  Dave Bertnagel stated the town wide deficit was roughly $700,000 -$800,000 operating deficit for general fund and ended the fiscal year projection with $104,000 surplus and turned around.  (2) We have a group of people working hard to do the right thing for citizens in this town and would not bring this proposal without being sensitive to shrinking budget, economy.  As a whole they have been working hard since November and hope you will consider this; financially this will help give 5 years for grant money to offset costs to fix transfer station, which the state mandates and not under our control and need to make changes, hope that as budget savings are tabulated throughout this period we keep citizens informed.  Jean Arden, 8 Sherman Lane, number .35 and then .375 which number; Dave Bertnagel stated variance depends on position itself and if eliminated, mill rate will be lower.  Peter Gianesini noted a resident brought up point about gasoline and if you drive one mile f rom house to transfer station and two miles per week and 52 weeks is 104 miles and 15 miles per gallon is 7 gall x 4.25 is $29.75 which is already more than double the increase of mill rate that average size homeowner would pay.  Brad Butler, Greystone Road, assume transfer station will need fixing and how much will that be.  Dave Bertnagel responded $400,000 to $1 million right now to keep operation as today and every year have upgrades for DEP regulations.  Tony Lorenzetti gave status of current transfer station noting the hopper wall where basic solid waste is thrown would require improvements and preliminary numbers a few years ago, excluding site work and engineering, was $300,000; obviously driveway will need to be fixed either way and if go with scale and certainly hopper itself would need upgraded. Technology in terms of hopper has changed and new technology has self contained compactors within truck and no potential for leakage on ground and environmentally friendly.  Improvements to transfer station are not known except driveway repair and paving in range of $72 to $73 per ton plus. Currently do not have ability to enforce what is going in compactor.  Study showed 1800 vehicles per week going in there and breakdown by hour is a lot of vehicles.  DEP changes are looking to segregating items we collect.  Charles Brewer 18 Lake Plymouth Boulevard (a) if resident take wood or bulk items to transfer station is there a fee; Tony Lorenzetti stated there is currently a fee and there will be a fee.  (b) Other thing he wanted to comment on is he understands and do not know powers of worker, but if they want to see registration and check stickers there are a lot of  people doing u-turns in driveway.  Tony noted ideal way is to have someone checking at gate and someone above checking at hopper.  (3) $25 in Bristol for pickup truck.  Tony noted person needs to change trailers, move trailers, watch what people are putting in and in terms of authority, it is a transfer station and everything needs to be segregated.  Councilman Sekorski noted comment is overall problem of control of transfer station, thanked David Bertnagel for numbers.  Long term, he does think numbers will go down by regulated what goes in, more versatility on bulk and how handling.  A few pieces of timber and paying full fee and would like a variable fee structure which cannot be done unless person at gate looks at what is in truck and questions is it feasible if under right controls we can get break even opportunity and look at fee structure to make more compatible and accurate for people. Also recycling metals if better control we can recognize substantial gain and think some of those will help offset costs. Tony Lorenzetti stated one thing that came up from the study is approximately 90% of people went to the transfer station to dispose of regular household waste and 10% of people doing everything else and the way it is set up is to focus on 90% coming in.  Now the commodity market is up and got higher bid for metal salvage at transfer station and need to be diligent.  If able to focus more they can probably change financial outlook.  Councilwoman Denski (a) would like to address every other week issue because if encourage recycling it will get out of hand in homes and have some type of blight bucket in back yard.  Tony Lorenzetti stated they are not looking into every week recycling and depends on how much you are willing to pay; there is no limitation if you want two buckets and the advantage of recycling is they are suppose to be washed and clean and would not attract animals and can be stored for two weeks.  We are currently not delivering as much recyclables as a community.  (b) asked if we will have to repair transfer station, is that cost included in mill increase; Dave Bertnagel stated repair of the transfer station is part of the 5 year capital improvement plan and he is working on plan with Vicky Carey.  The town has a lot of debt falling off in next 5 years and depends on what happens with curbside pickup.  Bob Leroux stated with the cost of fuel more and more people are burning wood and coal and where does ash go?  Tony Lorenzetti stated in contract if you put hot coals in container it will get damaged and the resident is responsible for container but basically you have a few choices depending on what burning, how, and residue.  There may be no value to plant and some may be better off putting in yard and theoretically you can put some in containers but the best thing is for you to find somewhere to put ashes.  Audrey Bennett stated she composts and can add ash to compost and good fertilizer.  George Withers, 15 Highland Road, what if you have more trash than will fit, do you leave it curbside.  Tony Lorenzetti stated program is automated and you get a large 96 gallon container or smaller 46 gallon and have option to buy second one which will be picked up as part of program. He has two containers for family of 5 and generally fills one.  The option is to buy a second barrel, one bucket for free and $60 for second bucket plus $25 delivery. Mr. Dunbar stated concern is Christmas and overflow, and one time per year they send out a second truck for bags due to overflow.  Bonnie Leroux asked for clarification of coal ash which was going to transfer station.  Tony Lorenzetti stated landfill will also get closed and operations there will change and in terms of ashes, he mixes coal ash in with topsoil for yard.  Gerry Bourbonniere, Fairmount Avenue, noted cost between recycling per ton and msw per ton; if you recycle there is more money the town saves and less tipping fees for msw. Tony Lorenzetti reviewed payment to Bristol Recovery Group of 65.50 per ton and recyclables at $30 less per ton to dispose of.  Tony Orsini, 7 Virginia Road, member of the fire department and differs with Tony on disposal of ashes as last year they had 3 structure fires because of improper disposal when ashes were put in cardboard box alongside of house and advocating coal ash; Bonnie Leroux stated she has a metal trash can where they go until cool. Tony Orsini stated ash should be taken in metal container to transfer station and seeing dump operator with pay loader scoop up ash and dump in demolition trailer and if acceptable fine.  Worried about getting message on impropsoer disposal of ashes, wood or coal.  Tony Lorenzetti stated this is an operation that requires more thought and will look at metal container for ashes.  Tony Orsini stated if wood ash is put in garden and windy night will end up with brush fire.  He urged for proper disposal of ashes in metal container, lid, store outside and then take to transfer station and dump once or twice a week.  Audrey Bennett not only with wood or coal ash, grass clippings, leaves are things we dispose of and using common sense to not start fires but other towns are taking things such as this and doing big composting for the town and is this something as a trend.  Mr. Dunbar stated a lot of towns are doing this program for their town and they encourage garden clubs and not a lot of people do that.  Mr. Jobaggy stated town composts at brush dump and people can go there for compost. Tony Lorenzetti stated at old landfill site they do compost and people can take compost or woodchips.  Jean Arden, asked if the town decides to fix the transfer station, are grants available to help defray costs and also on the swap shop the town can contact Town of Barnstable for what they do.  Mayor Festa stated there have been grants in the past and that money is drying up and we do not now what is there until look and a point in time response is probably next year but until war is finally over and ended there is not money.  Swap shop issue have residents from community involved in cities and towns around state and do have information and after meeting will get more information from her.  Mr. Butler, statement made that curbside increases recycling, why.   Mr. Dunbar stated what is currently going to the  transfer station is easy to throw in hopper; they encourage people to recycle and if roll barrel out with garbage and every other week recycling and the neighbor puts it out there is peer pressure.  Gerry Bourbonniere, single stream recycling and in Bristol have test program and recycling in neighborhood went up because instead of small bucket they use large and everything went in.  Bristol wants to go to single stream because of savings cost factor.  People at transfer station, in Bristol they have 6 full time employees because of what goes on and if looking for same type of transfer station you will have to put more people at that transfer station to accommodate what we as a town want to throw away. Personally he would like trash pickup and a few things he doesn’t like but overall program looks great.  We as community, peer pressure on recycling, need to educate everyone on what recycling actually means.  Ted Scheidel stated he worked booth at Bristol Home Show and one of the busiest places for recycling was for Bristol Resource Recovery.  Councilwoman Jandreau stated another reason increase recycling is people are saying that is not enough and put recyclables aside for room in garbage can.  Mr. Dunbar stated in response to gas issue, environmental savings as they do 80 homes per hour on 4 gallons of fuel.  Ralph Zovich, 4 Knight Lane, thanked the Mayor and Council on second hearing and is reporting in capacity of Chairman of the Board of Finance and meeting on this subject as agenda item last Thursday.  The Mayor asked the Board to look at numbers and make recommendation and after a lively discussion, the Board of Finance did not take any action and cannot make recommendation.  He shared comments and concerns of board members and part of the discussion centered around labor savings, they added a person to public works payroll for this fiscal year and if referendum passes and need to staff the transfer station 12-16 hours per week and net savings of 32 or more hours per week.  Public Works can make position part time or person can be utilized in another area.  In the current years budget, public works director requested additional second person to man transfer station but needed to cut that position, everything on recycling is true.  Ralph stated he does not recycle however if he rolls a barrel down the driveway, separate trash anyway and go to single stream that will be easy; plastic burns but cheaper and environmentally sound to recycle.  He is in favor of trash collection and stated most agree there is going to be a small cost increase and the only loser in this proposal is Oliver.  Worse case scenario presented by comptroller will not happen because the comptroller is giving the people the maximum cost if we have the least amount of revenues and incur expenses.  We will have more revenue and will get more recycling and will have more scrap metal recovery and less environmental liability.  Changes in environmental laws cannot be predicted.  Worse case scenario is 1/3 mill and if tax increase next year it will be because of the outrageous cost of petroleum.  You will not vote for this project because it is $12 per month or $12 per thousand on taxes but because environmentally positive, it is convenient and no one has says they like taking garbage to transfer station.  He has been asking people why go there on Saturday and don’t you have anything else to do; no one says because they socialize there.  Personal concerns shared that the town will have to maximize revenues and be strict about enforcing recyclables and people like him should be fined; need to make clear to citizens if vote yes they enjoy exactly what will happen with transfer station being converted to recycling center, fee structure, hours open; bring guard shack and that attendant in now should come closer to gate and person should see every car coming through.  Comment on bulk drop off like furniture, appliances, tires and if the transfer station is not open then it will be dropped along the side of the road; what kind of citizenship is that and maybe small minority of people who will do that and may actually need stronger littering and anti-dumping ordinance and ask that the Council be aware if that situation arises they may want added patrols and ask Police Chief and commission to do that.  In comptroller analysis it may be only $200,000 additional cost or maybe $100,000 cost and he talked about this with the comptroller and town attorney.  If the referendum passes, the people are authorizing a not to exceed number and if much less expense to the people, we will review next March or April and will look at figure, see how the demolition costs are going, scrap metal recovery costs, work with public works on labor utilizations and make sure actual savings are greater than what is published here so cost is less.  Gerry Bourbonniere, with barrels do you have maintenance team to repair broken lids, do we call public works or you; Mr. Dunbar stated office of staff is open from 8a.m. – 4 p.m. and 24 hour answering service; and have people who go out to do maintenance after call in.  Tony Lorenzetti clarified discussion on ashes and was referring to part of contract dealing with hauler.  Facility in Bristol does not want ash but small residential quantity and he will work with the fire department to develop a program they feel makes sense and get going and appreciates the input.  Brad Butler, 127 Greystone Road, (a) if go to curbside will transfer station not require 2 people for covers or different situation; Tony Lorenzetti stated there are certain things to look at but still looking at two people on Saturday and if one day in week will look for highway department person to get there and not sure if ability until look.  Will be reducing amount of usage by 90% at the transfer station and specializing on other things.  (b) he does like going to the dump and recycles and composts.  Melanie Church, 328 Main Street, fees we pay for bulk down there at transfer station, if open 1-1/2 days you will find more on the side of the road because it is a inconvenience to go down on a Wednesday or Saturday and some people work those days and thinks that is another point to be brought forward. The brush dump, how often on side of road due to opening; you will increase stuff on side of road.
Gerald Brewer, it might be worth something and boy scouts derive a lot of income for trips from containers at transfer station, is that still going to be available to bring bottles there.  Tony Lorenzetti stated he is not looking to change at this point.
Councilman Gianesini stated he is not familiar with other towns but his son is in Southington and they have private pickup, transfer station is not open every day and do not see garbage, brush or appliance on side of road and a bogus argument.  Melanie Church stated in Southington at the transfer station everything can be brought there for free. Peter Gianesini stated how many people work there; and you pay for salaries and benefits in taxes and not free.

With no further comments, Mayor Festa thanked everyone for coming and noted August 12th  is the referendum and it is your call, your vote and the will of the people will decide program.
Public hearing closed at 8:25 p.m.

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

The Special Meeting of the Town of Plymouth Town Council on Tuesday, July 15, 2008 was called to order at 6:53 p.m. by Mayor Vin Festa in the Community Room, Town Hall.  In attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel, Councilman David Sekorski, Mayor Vin Festa, Robin Gudeczauskas, Council Clerk.

Fire Exits – Noted for the record

Pledge of Allegiance

Council Rules and Procedures

To Discuss and Take Action On Secretarial Salary Pay Schedule For Boards and Commissions – Mayor Festa distributed and reviewed results of survey of chairman of boards and commissions and whether or not there is a need for verbatim minutes and length of meetings relative to hours expended at home to do minutes.  11 chairpeople surveyed, 2 questions asked, read into record.  Question #1, one chair requested continuation of verbatim, 10 responded no; question 2 on length of meetings varied, (5) last 1 hour, (2) 1 1/2.  Page 2 is survey on request individually and issue at hand is inclusion of mayoral policies, noting policies put into place from various mayors and they are then allowed to remain or recreated in a different fashion.  Policies cover lack of quorum, cancelled meetings and issue of rescheduled meetings, wages for when not paid in certain situations; example given.  The issue is to decide whether or not to take a look at salary scale and whether or not to move forward, put on par and set standard, if not seeking verbatim, follow rules associated with F.O.I. with motion, maker of motion, vote and number voted aye, nay or abstentions.  If looking for verbatim, decision on hourly pay and how long duration it would take. If a meeting takes 2 hours, then it would take 2 hours for recording of those minutes in a legal format.  Council comments:  Councilwoman Jandreau added to survey the length of meetings she is liaison to:  Charter Revision 3-4 hours, Inland Wetlands 3-4; Economic Development 1-½ - 2 hours.  She also noted sample minutes from different boards and commissions for review that go from 1 page to 6-7 pages and stated there is a difference between boards and commissions.  Also if a change in policy, that should include these secretaries if also town employees, not to use their time as a town secretary to do board or commission minutes and the work needs to be done outside regular working hours.  Mayor Festa stated for clarification, the Land Use secretary can do Planning & Zoning minutes during the day as it is a contractual item that she is required to be secretary for evening meetings of that department.  Anyone else, if employee of the town to boards or commissions would do after hours.  All Department Heads will be notified of that as it is a double dip process.  Councilwoman Schenkel – this is a contract committing a set amount of meetings per year being budgeted for and an issue she has seen where a chair or committee decides suddenly to cancel a regular meeting as it is summer, then reschedules and that secretary has taken the time to reschedule her family and whatever she had just for that day and to penalize to not pay is unfair.  One idea is to make it where they get a minimum of one hour of time and that puts pressure on the chair to hold valid responsible meetings that are timely, people need to take seriously and should not penalize the secretary if she shows up and is ready to do her job.  If it is a 30 day notice that is sufficient notice; less than 24 hours is not sufficient.  Mayoral policy of Mischke is a pretty good policy, read into record.  Even though many have said whether verbatim or not we have fallen into a pattern and standard of work and people who read expect to read more than a motion and vote and would be very shocking if brought to F.O.I. minimum.  Chairwoman Jandreau stated you can tell by samples that most verbatim means word for word but they are more than motions and votes, give explanations and they claim it is not verbatim and they are right but do a very thorough job. There are corrections that need to be done, it is fairly labor intensive job and it takes quite a bit of time to do that.  Councilwoman Denski asked (a) how long would it take to copy minutes not verbatim for 3 hour meeting; Mayor Festa responded it depends on the length of the agenda and particular interest in items on that agenda.  (b) If we pay per hour, not verbatim an additional hour, and verbatim however length of meeting.  Councilwoman Schenkel noted need for filing with town clerk and properly stamped in, etc. and they make an extra trip to town hall within a certain period and they need to be stamped in, so they are administrative duties.  Not everyone has a laptop and coming with tape recorder and if you listen and type you need to keep stopping and repeating to get true essence of tape.  There have been many times where the commission is quietly talking and you need to listen carefully.  Most secretaries are using their own equipment and we are not providing them with a computer.  Councilman Gianesini stated the term verbatim is meaningless and go to a 3 hour meeting there are generally 5-6 hours and never a 1/2 page minutes of motion and who voted.  Think relationship between length of meeting and amount of time to work on at home as if a meeting lasts 3 hours, based on that will say how much we pay to work at home on minutes which need spelling check, coherency, attendance and time person spending you are paying for.  It doesn’t matter if the chair says verbatim or not.  If they meet for 4 hours, it means work is being done and person recording what is going on and if call verbatim or near verbatim and if last one hour there is not much business but could have detail to it.  It should go by length of meeting and chair has responsibility to control meeting.  Although it is up to the Chair to control the length of meeting and in some instances, people have application and you have contractor, enforcement officer, public, and time needs to be made for people and you cannot stop from speaking; other groups like Recreation control own agenda.    Mayor Festa stated meeting secretaries are paid $100 per meeting and $12.50 per hour after the first 2 hours they are at the meeting and nothing in terms of transposing and looking for pay scale for that purpose, i.e. whole gamut of posting, copying, attending meeting is the $100 and need to establish a pay.  What he has discussed with the Comptroller is $12.50 for extra hours incorporated in transfer of minutes from pad or tape or computer to actual print hard copy.  If have 3 hour meeting we will give you 3 hours transposition time.  Time frame of meeting will coincide with transfer of minutes; there are 2 individuals that take shorthand and everyone else on computer and/or tape recorder.  He also noted that the tapes are saved but the minutes approved are the official minutes.  Councilman Sekorski noted the minutes are becoming more critical if official document representing decision and protocols and would argue that it is absolutely worth to set benchmark standard to start with, one to one ratio and baseline for 2 hours, $100 covering posting and items mentioned and suggestion of hour for hour for transcription and various methods and keep rate of $12.50.   He feels it is unfair folks are spending extra time that is not compensated clearly.  There will be ups and downs and if boards and commissions are satisfied with minutes than need to set protocol at future date.  Mayor Festa stated there have been no complaints to date relative to quality of minutes and it has been more difficult and done some begging in asking individuals to stay on and continue in capacity when meetings start at 7 p.m. and continue to 11, and then at home they are on a tight timeframe to get transposed and back to clerks office. Some material, depending on commissions is so vital and necessary, and does require that time and energy because minutes should be exact and can have legal challenges if records are not up to par and can create problems in terms of liability.  On simpler items do not see need for lengthy minutes; most meetings require a level of detail and boards and commissions need to approve.  Further discussion held if going by minimum standard of 2 hours for meeting, meeting goes way beyond schedule time there is the need for hourly compensation for that secretary; if 1 hour to do meeting and 1 hour to type minutes which should include filing and copies.  They do get compensated for length of 2 hours and then $12.50 per hour at the meeting, but worry is they are not getting paid for work at home for transposition of minutes.  What is the fair way to do that because it does not end with at the meeting; need to do something about work at home, agree to pay for length of meeting if lasts 3 hours pay 3 hours transposition.  If each commission has money allocated in budget and runs it that way, if decide to have longer or extra meetings they will go over budget.  Public comments:  Tom Blade, 99 Heather Lane, stated his wife took notes for Inland Wetlands and knows if they had a 3 hour meeting she spent more than that at home and maybe for 3 hour meeting she would spent 4-1/2 hours typing.  Mayor Festa stated the Council needs to set a standard and from what he is hearing, looking at 2 hour meeting for $100; $12.50/hour thereafter for the meeting; and hour for hour at $12.50/hour at home for transposition.
MOTION:  To set the commission/board secretary pay at $100 for a 2 hour meeting, $12.50 per hour for each additional hour the meeting runs, and $12.50 hour for hour of the meeting for transcription at home, by Councilwoman Schenkel; second Councilwoman Jandreau.  Discussion:  Councilwoman Schenkel did not talk about cancellation ahead of time. Mayor Festa stated that can be incorporated into motion and probably would be important step to move forward. Jeannine wants tovot eon this and make separate policy.  Councilman Sekorski stated his comment is that it would be important for Council to get feedback on this afterward as it may take longer to transpose and we are setting standard at this point and can readdress.  Vote:  unanimous.
MOTION:   For meeting cancellations with 24 hour notification ahead of time the secretary shall not receive compensation, by Councilwoman Jandreau; second Councilman Sekorski for purpose of discussion.  Discussion:  Clarification requested on payment issue if cancelled that they still get paid and include more information; certainly not pay full $100 if cancelled at last minute.  If cancelled due to lack of quorum they receive 50%.  Councilwoman Schenkel stated that people don’t just do that because they want extra Christmas money, some depend on it for income and 24 hours is not enough time and these secretaries commit to a year of meetings, rearrange schedule to be there as it is their job.  Would agree to something with less than 24 hours or meeting cancelled they get $50 however if 30 days notice they do not get compensation, i.e. if a meeting in January and know next month there is not a meeting they know they will not be scheduled for that meeting.  Councilwoman Jandreau stated for reason if working at a job you do into get paid if you do not go to work.  Give 50% if come to meeting and it is cancelled but if cancelled day or two before no compensation.   Not every commission does this but they take for granted that the secretary will show up.  50% cancelled for lack of quorum and if told a day ahead or more than one day that secretary should not get paid.  Mayor Festa clarified the cancellation has been infrequent but when occurs there are secretaries upset because they have to post agenda in advance, they prepare to come armed for meeting to find out lack of quorum and that secretary needs to post a cancellation and repost new agenda within time frame which creates another problem and then needs to make arrangements for issues for that new date.  The time frame is not just the night of but 24 hours prior to which has that secretary who has posted and agenda set, got packets out, got material to members.  They make preparation and receive nothing for it.  If going to a special meeting there are certain items that cannot be on agenda; need to be in conformity with F.O.I.  Councilman Sekorski rescinded second on motion; Councilwoman Jandreau rescinded her motion.
MOTION:  The board/commission secretary be paid 50% if meeting cancelled due to lack of quorum, and if cancelled 48 hours ahead the secretary shall not receive compensation, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

To Discuss and Take Action For Ordinance Consideration On ATV Issues – Mayor Festa stated a number of complaints have been received over last several months and have shared correspondence from community, open for discussion and allow public participation.  Councilman Sekorski questioned whether the Council received official memo from police chief with respect to the fact they seem to be unable to enforce or act upon complaints of excessive noise due to these vehicles on public streets or private property.  History he is familiar with and recent communications seems as though issue at hand is police department claiming without help of ordinance they cannot act because state statutes or currently local ordinance on noise were unenforealeble or not practical. There is national information on acceptable decibels and would like to hear from the chief of police on her position and other local authority and why we cannot deal with current laws.  Mayor Festa stated one need is to set up adhoc committee to move forward to strengthen what is on books and now move forward to public participation at ad hoc committee to address issue of enforcement of atv’s, snowmobiles, dirt bikes, but ultimate responsibility is police dept.  The first snow fall you have calls in to the police department on noise in neighborhoods, streets, side yards and when police get to location they are gone.  This has become a major problem to track individuals and have had other issues in good weather for injury to individuals on private property from people driving vehicles and no respect for property and people.  Councilwoman Schenkel asked the Council and public to indulge as she read highlights of state statues from Chapter 255, Section 14-379 to 14-390, Section 386 noting her interest that no operator shall refuse to stop and any person failing to do so will have infraction, speed or operating under the influence is a fine not more than $250 for each offense; must have written permission from owner if riding on someone else’s land; for each penalty there is a separate infraction for each violation.  Councilman Gianesini stated on someone’s property it is nice to say liable but unless you go to court you will not get anything and the police need to spot it and you will need to complain.  He has seen quads come out of private property on 2 wheels causing people to avoid hitting a tree, no registration plates and the police cannot go all over looking.  Need committee from various commissions and public; although it is common sense what they should not be doing but get away with it.  Questioned whether the atv, snowmobile, dirt bike is caught and not registered, can it be impounded pending hearing in court.  Councilwoman Jandreau stated need to have ad hoc comm to study, make regulations by ordinance for operating and of use for snowmobile and all terrain vehicles.  An ordinance gives power to people being harassed, they might call the police more often.  We need regulation or ordinance that spells out what can or cannot be done.    Councilman Sekorski stated it is frustrating if we cannot enforce the state statutes which are robust, and an ordinance will not do us good unless clarify additional rules and regulations that might make more enforceable.  He is interested to hear the chief of police information and follow up after input would be great and supports additional investigation.  Public comment:  Keith Golnik, 46 Orchard Street, he does not own an atv but all state statutes were spoken of and it does not matter if someone is on private property; does not have to be registered or insured; private residents complain about neighbors and have hard time imposing any rules or regulations on what can do on his personal property.  He feels a reasonable ordinance after 11 p.m. if excessive noise that is breach of peace; but during the day time whether atv or lawnmower, snow blower, chainsaw if on private property, do not see how ordinance would have effect and state statute is already clear about operation.  Vicky Carey, Greystone Road, we do need ordinances for bikes because it is not her neighbor causing problem; she lives on Greystone Road with railroad tracks from Bristol through to Waterbury and electric lines that go up and down and people riding bikes, atv’s, dirt bikes, snowmobiles, etc. and ride any time day or night and travel through power lines.  There was a fire not too long ago and atv and dirt bikes were riding and police did not stop. Her son got run over by 2 atv’s on his property and had dirt bike marks on him and the police told him, and his words in quote “the police officer said he wasn’t going to chase the vehicles because he’d lose his pension” also had ambulance guy check him and wanted to press charges.  The problem is people coming up from DEP who has regulations in state, and have 50 page regulation that they are looking for areas to allow dirt bikes such as area in Voluntown and a few other designated areas.  DEP is looking to open more areas for riding atv’s and dirt bikes in state forestry.  No one group has come to DEP and legislature not passed.  In one regulation is does state atv’s can pass across frozen waterways such as Hancock; and there is a noise ordinance.  Atv’s, mini bikes, and snowmobiles need to be addressed inclusive and allowed only on public road except for emergency atv’s; fines at least $1000 or confiscation of atv, dirt bike or snowmobile if fine is not paid.  Should also state public property, roads, public lands, governmental land and/or public roadway and railways.  Hours, according to the state we are allowed to regulate hours and times; and should be 8 am to 6 pm or sunset whichever comes first so it does give piece of mind and quiet.  Also have buffer zone and private properties should have 5’-10’ buffer zone so no damage is done to property.  DEP is looking to have everybody follow through atv courses and do not know if possible because no one has education components.  There are trails in Massachusetts, charge atv’s, dirt bikes, $20 for registration and money used to clean up forestry; use to ride in reservoir which they destroyed and had to take flags of yellow and red off and move to vast pieces of property; and money pays for rangers.  Need to call our legislature and ask to tighten rules and we do need police to be able to better patrol and if have a few of our own polices, hours of operation and reinforce rules.  At her end they fly in Mattatuck forest, Allentown Road and from Allentown you can go to power lines and ride to Southington and never get caught.  Can come from Sheffield Street down and through.  Councilwoman Schenkel question to Vicky, when son struck by atv, that was assault and battery and officer said not to risk pension and encourage her to submit complaint to police chief to address issue.  Fran Block, Greystone Road Extension, stated Vicky went over most of situation and she lives on major thoroughfare and has CL&P lines through property, watch people coming over hill from Wolcott and Waterbury all day on Saturday and Sunday from 7 am throughout day.  Also have no trespassing signs taken down weekly as well as gates being cut and trees taken down on her property as they cross over brook.  Police have been good when called on incidents and have responded, came down, have patrolled streets and on occasion caught someone crossing streets but they cannot go through woods chasing them. They are fully covered, unidentifiable and unregistered.  There is a large group from Waterville and forming ad hoc committee is good idea, soliciting police department to encourage other towns to patrol their streets to power lines for access way and she cannot as a citizen do that.  CL&P has been helpful in putting boulders at entranceway but those boulders are rolled and moved and dirt bikes go over anything. It is worth pursing a committee on what can be done to help control, get people involved and educate our own as people are not aware of laws.  Marco Terni, 333 Allentown Road, has 200 acres there, did put road in and was going to build a house, atv’s in a short time were running up/down fast and would rototill dirt road and it gets washed into his lake, they have had blazed new trails, glass on property, bottles in woods.  He has had his car parked and had 4 quads pull up toward him and  tried to run over, hit car, broke taillight and went around.  He did file police report.  One year ago, he hunts his property and went back with 4 friends when 2 drunk, 40 year old men came down on dirt bikes, he told them to get out and they assaulted him.  He called police on cell, they did come and riders took off.  Those people (riders) filed a complaint against him and the police got involved, went to court and it got dismissed. No way to identify these people. It is a distance to get to where riding and the police said they cannot waste time down there.  He is down there, chase out and no way to identify. When they did get a few arrested near road on his property and were unregistered, but police said they couldn’t have towed because unregistered but said what is on his property they cannot call tow truck.  Would like a change to ordinance if on your property automatically get ticket if unregistered, for trespassing and automatic tow if unregistered vehicle.  Challenge the town and police, if they spend a few hours on his property, they would be able to pull 4 or 5 atv’s every weekend if not per hour.  Councilwoman Schenkel, liaison for Police Commission, stated the Chief has said people are creatures of habit, have pattern of people who come by and to contact her and she will set up a time to have patrol officer there and wait.  She is not against people enjoying atv’s if done wisely and lives on Mt. Tobe and people problems are not her neighbors but people engaging in questionable activity in our town.  Mr. Terni stated he is sick of the whole thing and they are destructive.  Kevin Engle, 205 Preston Road, own 3 atv’s and rides on his property.  Instead of town ordinances, clear the dust off the police department motorcycle that got from a grant and set up designated time for police officers to sit and watch people and get the motorcycle and police officer and do proactive instead of making town ordinances to ban.  There are no places to ride and they are riding in 200 acre areas.  Look and maybe we can, the state, buy 200 acres and designate as area for atv’s and dirt bikes, and charge fee to ride. Thomaston Dam does it and no complaints and a lot of trails. Do proactive. They are not a bad thing and he uses for yard work, to ride to neighbor.  Poor old guy up the street, we cannot ban his golf cart from going up the street.  Know the cops cannot sit there every day and cannot be everywhere and maybe designate a patrolman, maybe on overtime , to catch those not suppose to be there.  Councilwoman Jandreau noted none of us are against atvs but would like to have something to give police for people breaking rules. Mr. Engle stated those are laws on books and just enforce. Every time read discussion, for those who own and enjoy there are restrictions and on his property it cannot be banned.  He enjoys riding and his kids do and although some only have ½ ac property, they go talk to neighbors.  Acquire land from Army Corps at Hancock and be proactive instead of restrict so tight. He will not register his and not paying more taxes.  Tom Blade, 99 Heather Lane, suggested if neighbor complains you can check it out and make sure quiet exhaust system.  He does have a dirt bike, 14 acres and have same people with quads tearing up mud holes.  When first moved there he said go ahead and pass through but do not tear up, and it is different people every time. Some people are pretty nasty and his property is getting torn up and it is an issue; however he does have neighbors riding on their property and they are trying to stay on their property.  As long as bike is quiet, not bothering anyone and legal exhaust or sold with bike and not loud and obnoxious it would not be bad.  Can have police look at exhaust system and ask about exhaust.  Vicky Carey stated those that are pro and interested in atv’s., and a lot do have small pieces of property, should go to DEP and ask about what is going on like in Voluntown and state forests.  State statues may regulate operating use and zones and we are allowed to do ordinance to regulate.  Also did want to say there is noise statue for atv’s with decibel rating, we need more bite and reinforcement and not once every 3, 4 or 6 months, and need more cooperation maybe with DEP and Army Corps of Engineers at Hancock Dam.  When atv’s go through Hancock it echoes throughout the valley and is unbelievable. Rifle range was a show down and promised recreational area and never did anything.  Need some other places and maybe CL&P, SNET who owns part of road at Hancock, maybe sit down and talk to them for help.  Council comments:  Councilwoman Schenkel stated reason here is not because of family with responsible adult monitoring kids and teaches kids, we are here with reports of cul de sac where 12 year boy pulling sister in red wagon at 35 mph, and someone’s son ran over, property damage, and not your responsible family who are taking fact that this is serous but fun vehicle but people who are abusing or misusing.  Councilwoman Jandreau stated 3 years ago they had some people non cooperative and running all hours of the night and all day, tried to have rapport with people and no recourse if on own property.  Think we need some regulations as far as decibels, noise, time and it leaves out responsible peoples; people should not ruin your property and need some regulations to try to stop ones giving everyone a bad name.  Councilwoman Denski stated she would like to hear what the police chief says on situation.  Councilman Gianesini stated this is very important, common sense should prevail, and when get those down in numbers and get alcohol or drugs involved, the police with landowner need to pick times to be there.  We need to pay overtime, grab machine, tow away, bring to court and word will get around to go somewhere else.  If property owner cannot confront them as you will get hurt.  Police need to be brought on board and pinch a few, they will go somewhere else. 
MOTION:  To establish an ad hoc committee to include the Police of Chief and any other enforcement people or people knowledgeable such as Vicky,  to set up rules and regulations and talk about what can be done; incentive for those doing right; rules and regulations to stop others from doing what doing, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  confirm that the Council is asking the Mayor’s office to set ad hoc for purpose of investigating ordinance and regulations of atv’s and include enforcement members of community and other interested people.
AMENDMENT TO MOTION:  Number of members on ad hoc committee to be the discretion of the Mayor, by Councilman Sekorski; seconded by Councilwoman Schenkel.
Discussion:  Councilwoman Denski asked whether there will be discussion with ad hoc on location.  Mayor Festa responded all issues pertaining to atv’s, dirt bikes and locations.  Vote:  unanimous.
Vote on Motion As Amended:  unanimous
Vote on Motion:  unanimous.

Public Comment - none

Town Council Comments

Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
Meeting adjourned at 8:35 pm

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

Fire Exits – Noted for the record

Pledge of Allegiance

Council Rules and Procedures

Public Comments on Non Agenda Items

Mayor’s Report

Appointments/Resignations

Take Action to Refund Property Taxes to: Patricia or Linda Landry, $33.95; Martin or Debra Desautels, $55.50
MOTION: To refund Property Taxes to: Patricia or Linda Landry, $33.95; Martin or Debra Desautels, $55.50, by Councilman Sekorski; second Councilwoman Jandreau and the vote unanimous.

To Discuss and Take Action On Request From School Building Chairman Allread Re: Sidewalks For New High School – copy of Mr. Allread’s letter in packet. Bill Allread, School Building Chairman, 24 Makara Street, stated he has requested the Council consider installing sidewalks on Harwinton Avenue and this is request sent from Planning and Zoning. Their budget is very iffy and feels the town is in a better position to do this, especially since they would get no reimbursement if they spent money on sidewalks. The town could probably do it cheaper as the School Building Committee would have to go through extensive engineering on it. Also, the town received, about 2 months ago, a check for $211,000 and this money was money that was sent to you from CL&P because the building put in energy efficient motors and lighting in the new school. If that money went back in his budget, the state would reduce their budget by that amount so it has to go into the towns’ budget. The committee thought the town could use that $211,000 which would make a good dent in the sidewalks. Council questions: Councilwoman Denski asked were the sidewalks not in the original plan; Mr. Allread stated they were not and had promised Planning & Zoning if money left over they would build the sidewalks and had made agreement and part of that was to have preliminary engineering done for them. Councilwoman Schenkel, (a) who will maintain sidewalks in the winter; Mr. Allread stated that is always a problem and thinks personally the sidewalks should be there for the safety of the kids and cleaning in the winter is always a problem. (b) Does he have any recommendations of who will be cleaning those sidewalks? Mr. Allread stated a number of areas where there are now houses up there and owners of open fields and has no recommendations. Councilwoman Jandreau noted Tony is here and already they clear sidewalks that go to schools; Tony Lorenzetti, Director of Public Works, stated yes, with clarification and background that suggestion to take care of sidewalk on Main Street and noted the machine is old and pushing it in working. Currently it is set up that when the highway department is done plowing all night and then need to take a man to do sidewalks; his thought is they do not always know if schools are ready to open and do not have control on whether sidewalks will be used or not. This will be another program expanded from initial request and whole new locations to expand to and not sure how easily they can do it. Councilman Gianesini, (a) original requirement by State Board of Education did not require sidewalks; Mr. Allread, correct, this is in addition to actual plan, very controversial and they do not get reimbursed for it. All the other money where they buy things for education, ball fields and so forth they get reimbursed. (b) He is liaison to Planning & Zoning and Building Committee and stated the scope of this project is by far the greatest the town ever tackled and Mr. Allread has done a wonderful job. Complex work on day to day basis and also amount of money spent as bills need to be paid; there are many many things at the high and also the other schools and the amount of money guesstimated at start of this project which was years ago and the number that was siphoned because of legal things and then inflation, the old high school in particular things were in there that were not shown on any prints. Once they opened up and started finding asbestos and above suspended ceiling stuff hanging that is not in code and money needs to be spent to fix all that. It was anticipated out of this whole project that money would be available for a track at the new high school and also for sidewalks. He feels both groups, Bill and Pat Herzing, are chaired by dedicate individuals and committee members work their hearts out. Need to think about we spend a lot of money in schools and in this town, we do not have student base for football; and basically, we should do everything we can to have the area safe as far as sidewalks and not punish generations of students who avail themselves to a good athletic programs. Mr. Allread stated the old high school does have a lot of surprises in it. Councilman Sekorski (a) overall status of sidewalk engineering, do we know locations and is preliminary engineering complete and could the town take over right now and install, is preliminary work done. Mr. Allread stated they had made recommendations that sidewalks go on the east side of Harwinton Avenue to avoid wetlands and some ledge; also has suggestion if the town would undertake project there may be pedestrian bridge to go over brook there also; (b) what is current process if we were to do sidewalk on town side and something to do ourselves or contract out and what is the going rate of cost. Tony Lorenzetti stated his personal recommendation is for sidewalk on side of school and where they should go and he wrote letters back in October recommending to tie in on side of street of school and engineering was not done. In terms of when constructed, changes in prices which are going up and have not put a price to it and does not know if the Building Committee has put a price to it; Mr. Allread stated he has not either. Mr. Lorenzetti asked if money Mr. Allread suggested using and locations, did that match up 2 years ago. Councilman Sekorski noted a lot of unanswered questions before he can make decision and this is a referendum number which means appropriation and a public hearing. Tony stated for the record the sidewalks are important up there. Councilwoman Jandreau (a) stated at the Planning & Zoning meeting a few weeks ago the principal at Fisher Elementary came to ask for a playground and why was that not in original plans. Mr. Allread stated he did not know anything about this playground; there is a place and it was to go near ball field and they had plans for it. He is not sure. (b) why was equipment not put into the plans; Mr. Allread stated that is the type of thing they would like to take out of their budget, the playground equipment, and he was not asked for equipment. (c) Councilwoman Jandreau stated Mrs. Worhunsky is asking for money all over the place and would he please speak to her. Mr. Allread stated they did work out they would cross driveway and there is an area and he will talk to her. Councilwoman Denski, was this $211,000 earmarked for something already; Mayor Festa stated no it was not. Mayor Festa clarified relative to (a) Councilwoman Jandreau’s concern, his understanding is there is playground equipment at Main Street School purchased through donations and that will be moved over to Fisher and the discussion is to adding on to that playground equipment and there may be some conflict relative to equipment currently at Main Street for playground purposes; (b) back to first comments made by Melanie on effectiveness and efficiency and we have talked about feasibility and facilities, and we may need to discuss the next person hired in Public Works as grounds and maintenance and look at this person doing building grounds and facility maintenance and potential on putting on sidewalk issue. Need to look at and discuss. Agree with everyone on safety and welfare of the students and concerned about information from parents relative to bus schedules for all of our schools, and where children walk with sidewalk on one side and need to cross without crosswalks or crossing guards, etc. Need to look at ideas and suggestions and come to resolution on issues. Public Comment: Patti DeHuff, 20 Lynn Avenue, sensitive in this matter and when Councilman Gianesini stated money was siphoned off by lawsuit but wants everyone to remember that no member of the public sued this town but the town did sue a member of the public and actions by previous administration caused a deficit of around $70,000 on town side. The reason that this challenge was brought about was because the fact the public was not told the truth when it came to original site; were told it was clean when in fact the environmental report did not state that. And why those opposed to school pursued the issue. Not everything that was said was said accurately. Councilman Gianesini clarified he did not say whether good or bad but that money was moved from what was available for the project and not favoring one side or the other; that money is not there and less ability of Building Committee to work on project. Patti stated if there had been honesty in the beginning there would be no need for this. Ann Petrakis, 65 Allen Street, (a) wondering ratio on students walking for need of sidewalk and how many actually live close and is sidewalk a necessity and how it is a high priority. Mayor Festa stated that would be a question for the education/business department. Bill Allread stated best person would be the building project manager and from his understanding currently everyone is bussed. (b) Her son will be in first grade at Fisher and they need a playground and can the PTA ask businesses for donations; Councilwoman Jandreau stated they are already doing that. Melanie Church, 328 Main Street, stated she was at meeting the same week Councilwoman Jandreau was on sidewalks and there seems to be discrepancy because Patrick had brought up minutes and they had made motion that sidewalks were needed for that side of the street. That is a fact and in the minutes. Also, suddenly hearing there is $200,000 and what if it costs $400,000 to do this, where does the other money come from? Is the School Building Committee picking up the difference because it is on that side of the road. Chairman Herzing had explained specifically that you need to be the same with everyone, non prejudicial, and if everyone who builds a house needs to put sidewalks in or give money, what makes the school the exception. Is the town better than everyone else in town. All the time we hear this isn’t there, that isn’t there, we do not have enough money. We need to live in a budget; the School Building was given a budget, and a motion made, and everyone there at Planning & Zoning meeting voted they had to be done. The only section left to be questionable and also in minutes was the property by Biscoe which the town did not own and Roy property they didn’t know if there would be enough money on Roy property for retaining wall. Encourage the Council to read those minutes because all of a sudden $215,000 could run into a million and then who will pay the bill; do not forget this school is only suppose to cost a cup of coffee a week.
MOTION: to table item 9 pending engineering study and better information regarding budget and costs of construction of sidewalk as well as alternate plans to see which is most cost effective by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous, 5-0 to table.

To Discuss and Take Action On Resolution Regarding Parker and Fitch, LLC and Applied Controls Technology, Inc. and Genovese Manufacturing Company, Desire To Purchase Parcels Within The Phase III Business Park

Bill Kuehn stated the Resolution gives the Mayor the authority to sell town land to businesses approved by the DECD.
MOTION : by Councilwoman Jandreau who read into record “RESOLUTION WHEREAS, Parker & Fitch, LLC, Applied Controls Technology, Inc. and Genovese Manufacturing Co. all desire to purchase parcels within Phase III of the Plymouth Business Park, and WHEREAS, all necessary approvals have been granted by the Economic Development Commission, the Inland Wetlands & Conservation Commission, the Planning & Zoning Commission and the Connecticut Department of Economic and Community Development, NOW THEREFORE BE IT RESOLVED BY THE PLYMOUTH TOWN COUNCIL that the Mayor be and is hereby authorized to sign deeds and other necessary documents conveying title to Lot #18 on Container Drive to Parker & Fitch, LLC, Lot #9 and Lot #10 on Lassy Court to Applied Controls Technology, Inc. and Lot #8 on Bombard Court to Genovese Manufacturing Co.” ; second Councilwoman Schenkel. Discussion: Councilman Sekorski questioned (a) does it need to be corrected as Plymouth Business Park as he heard it read as Plymouth Industrial Park . Councilwoman Jandreau noted it is written Plymouth Business and apologized if spoke incorrectly; (b) do we do this authorization every time there is a sale. Bill Kuehn stated, yes, it needs to be done in this manner. Councilwoman Jandreau stated it is great these people are coming into town. Councilwoman Schenkel extended her welcome to Plymouth . Roll call vote: Councilwoman Denski, yes; Councilman Gianesini, yes; Councilwoman Jandreau, yes; Councilwoman Schenkel, yes; Councilman Sekorski, yes. Mayor Festa stated the Resolution approved 5-0.

To Discuss and Take Action On Resolution To Authorize Mayor to Enter Into A Tax Abatement Agreement With GEN Realty, LLC

Bill Kuehn, Town Planner, stated this Resolution is to allow the Town to enter into an agreement with GEN Realty (which is Genovese Manufacturing), who are moving from Bristol to Lot #8 on Bombard Court, requested assistance and the recommendation is this tax abatement and relocation grant. Councilman Sekorski asked where the amount of the relocation request came from; Bill Kuehn stated from the Economic Development Fund with background when the town sells a piece of property to a business, half of the sale cost goes into the Economic Development Fund for relocation and the other half goes into account that goes to the State. The State does not want their money back until the last lot is sold so it is maintained in a separate fund. Councilwoman Schenkel asked what is the revenue generated by Genovese and what is the investment into their building; Mr. Kuehn stated their total investment including land is $646,000, guesstimate based on plans and not a final figure until the building goes up and tax assessor goes out. It was also noted machinery and equipment gets taxed separately; abatement is improvements to the land and not on the land, just the building.
MOTION: by Councilwoman Jandreau who read into record “RESOLUTION WHEREAS, Gen Realty, LLC has optioned the property known as Lot 8 on Bombard Court within the Plymouth Business Park; and WHEREAS, Gen Realty, LLC has requested financial assistance to relocate the Genovese Manufacturing Co., Inc. from Bristol to the Plymouth Business Park; and WHEREAS the Plymouth Town Council on September 22, 1998 adopted a policy for tax and business incentives; and WHEREAS, the Tax Incentive Committee has determined that the applicant meets the policy criteria and has recommended financial assistance as a development incentive. NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH TOWN COUNCIL: That the Mayor be and is hereby authorized to enter into a tax abatement agreement with Gen Realty, LLC for: a) a fifty (50%) percent abatement of real property for a three year period, the tax abatement to take effect on the grand list of the first day of October following the issuance of a certificate of occupancy, and b) a grant in the amount of $20,000 from the Economic Development Fund to assist in the relocation of manufacturing equipment to the Plymouth Business Park.”; second by Councilwoman Schenkel. Discussion: none. Vote. Councilman Sekorski, yes; Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes. Mayor Festa stated the Resolution passed 5-0.

ent with each other and trust Carl’s assessment; but will make sure the Town is not obligated for anything not wanting to be obligated for. Patti DeHuff, 20 Lynn Avenue, if you go forward and take money for the grant for IHZ does it mean you are committing to go forward and building something. Bill Kuehn stated the grant allows the consultant, CCRPA, to prepare a study showing what the most reasonable areas in town would be for affordable housing opportunities; does not obligate the town to anything and Planning & Zoning upon receipt of report may turn it down. It is a follow up to the Plan of Development; goals were developed for housing consistent with states needs and amount of affordable housing in Plymouth is below threshold. Plymouth needs affordable housing and Plan of Development encourages affordable housing in and around down town as part of need to urbanize the areas surrounding Main Street consistent with potential for mass transportation, need to develop neighborhood shopping, walk-able downtown. Mayor Festa asked Mr. Stephani to give a CCRPA overview and what they are. Mr. Stephani gave overview noting Statute states if you agree to do study you will consider creation of affordable housing. There is very broad lengthy conversation of language and clear on part of all legislature and administrators that it will not be a requirement. His agency was created by the federal government in mid 1960’s and established so that city and towns could get federal highway and transit money; subsequently along the way the towns realized once the regional agency was in existence it could be used in several ways such as Pequabuck River Management plan and to do things that involve more than one town; this town participates in plan for this region, all through the federal government. Most recently flood plain control. Under federal law they provide, transportation, economic development, natural hazard plan and have also done study for 5 towns on cost to consolidate 911.
MOTION: by Councilwoman Jandreau who read Resolution into record: “RESOLUTION WHEREAS, Public Act 07-4 has created the Home Connecticut Program for providing incentives to voluntarily create Incentive Housing Zones to accommodate affordable housing opportunities, and WHEREAS, the town’s plan of conservation and development advocates affordable housing strategies. NOW THEREFORE BE IT RESOLVED BY THE PLYMOUTH TOWN COUNCIL THAT, SUBJECT TO REVIEW AND RECOMMENDATION OF THE TOWN ATTORNEY: 1) Submission of the grant application is authorized under the Housing for Economic Growth Program referenced in section 8-13 (m-x) of CGS; 2) The Mayor be identified as the individual authorized to sign the grant application and administer the grant. Such grant application is attached to and made a part of this record; and 3) The Mayor be authorized to enter into an Intergovernmental Agreement with the Central Connecticut Regional Planning Agency for the purpose of developing the Home Connecticut Program study.” Second by Councilwoman Schenkel. Vote: Councilman Sekorski, yes; Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes. Mayor Festa stated the motion carried 5-0 and the Resolution approved.

To Discuss and Take Action, If Necessary, On The Status Of The Public Works Commission And Local Vendor Preference Ordinances –
MOTION: by Councilwoman Jandreau to discuss and take action on the status of the Public Works Commission and Local Vendor Preference; second by Councilwoman Schenkel and the vote unanimous.

Councilwoman Jandreau stated (a) she spoke with Tony on a public works commission and feels we do not need this. (b) On vendor preference, at the public hearing on this were several public comments stating it could affect the town adversely because out of town people will put in bids and in town people will be given the opportunity to cover lowest bid and will stop people from bidding. What happens when we have something to bid, have someone not up to par and will not do the work right and feels this will stymie outside bidding. Concern is that we will have jobs go undone, unqualified people and work may not get done the way we want it done. Councilwoman Schenkel stated (a) in regard to local vendor preference she recalls Council asking for advice from Counsel on wording; (b) issue with public works is we have people volunteer who will take time out of their lives to make recommendations or field questions from the public that they do not have day to day operating knowledge and suggested to Tony that it might be in his best interest to get together a group of his staff to meet and assess town needs, and we have a Facilities Committee who can work with this group. Do not find at this time that an actual commission is warranted. Councilman Sekorski stated he thought there was a lot of room for interpretation, supported the endorsement of an ordinance and still does, and feels concerns are protected in language which affords the Council an opportunity to give a local vendor the nod if they were close to the low bid and does not recall language obligated us to give to local bidder if able to match bid. The reason to modify the ordinance was because the way the bidding process is currently written we have to award a contract to the lowest bidder and no option or recourse to give some local preference and at one time the council had no ability to give a contract to a local vendor which was well worth the ½ percent they were within the low bid. He asked to split these items apart and if anyone is prepared to make that motion on either one to rescind he asked they do separately. Councilwoman Jandreau stated agreement with Dave and relayed conversation with Tom Zagurski who has said it was not written the way he wanted it written and there was some things left out. She suggested tabling this item, talk to Tom for his ideas. It needs to be reviewed before doing anything about it. Mayor Festa noted items on agenda for purpose of discussing and taking action if necessary; concern is tabling item until next meeting and for purpose of taking particular ordinance, consider taking action at that point in time individually. Also need to look at blight and do complete wrap up at that point to either accept and move forward to start instituting or take action to rescind.
MOTION: To table the Public Works Commission and Local Vendor Preference by Councilwoman Jandreau; second Councilman Sekorski and the vote unanimous.

Councilwoman Jandreau asked that a special meeting date be set.

Melanie Church, 328 Main Street, only reason to bring up local vendor preference is at one meeting that was not televised and had to do with trash hauling and it was $20,000 -$30,000 difference and the way presented was first person whose name was brought forward and people did not undersnd they could hold off and go to next lower and then Richard Corp was thrown out because of $20,000 and less than ½ percent. It happened through confusion and Tom Zagurski took it to heart and how this got started. She suggested getting a copy of his original because when it came back to be voted on, half of it was omitted. This is not a decision on ½ percent or 1/6 percent and does not feel this will stifle but if within 2% and only a few dollars and that person is willing to go down, pays taxes in this town, why wouldn’t you want that person. She stated Tom Zagurski noted these people pay taxes here, some pay big taxes and this will not stop anyone from bidding.

To Discuss And Set Date For Public Hearing And Referendum For Curbside Trash Pickup Proposal – Mayor Festa noted a public hearing was held and in respect for townspeople it is proper to hold a second public hearing which will be in newspaper and then set referendum date. Attorney Vitrano stated question of earlier on recommendation of time frame and there is nothing specific in the Charter dealing with informal referendum and his recommendation is to follow the time schedule out on ordinance provision which is to hold a public hearing with 5 days written notice, and within 30 days of that public hearing hold the referendum. The timeframe is tonight to establish the pubic hearing date and schedule the referendum to be within 30 days of the public hearing date. The public hearing it is not a formal meeting of Council and if there is not a quorum they can still move forward. Mayor Festa stated any Tuesday is good according to the registrars. Discussion held on possible dates taking into consideration the start of the school year, Terryville Fair and also noted the letter from Copes who have extend bid to August 30 th and this should be done prior to that.
MOTION: To hold a July 29 th public hearing on curbside pickup with a referendum to be held on August 12, 2008, by Councilwoman Schenkel; second Councilman Sekorski. Discussion: Melanie Church, 328 Main Street, don’t you have to vote to send to referendum. Attorney Vitrano stated Council is voting today to establish the public hearing and the referendum date. Councilman Sekorski asked if there is dramatic negative feedback does the Council have option to not send to referendum. Attorney Vitrano stated in interim you can have a special Council meeting to vote not to send to referendum, unless you want a special council meeting after the public hearing to vote to send to public hearing but will need a quorum. Councilwoman Jandreau stated even with negative feedback you still have others who will vote. This public hearing will give information out to people so they know what voting on and give them the choice. A public hearing is informative. Councilwoman Denski asked if it can be done on the 22 nd as it is near and dear to her and would like to be here for that.
AMENDMENT TO MOTION: To change the date of the public hearing from July 29th to July 22 nd, by Councilwoman Denski; second Councilman Sekorski. Discussion: Councilwoman Schenkel stated she is traveling for work that week.

Vote on Amendment: Councilman Sekorski, yes; Councilwoman Schenkel, no; Councilwoman Denski, yes; Councilman Gianesini, yes; Councilwoman Jandreau, no.

Amendment to Motion pass 3 – 2.

Vote on Motion: Councilman Sekorski, yes; Councilwoman Schenkel, yes; Councilwoman Denski, yes; Councilman Gianesini, yes; Councilwoman Jandreau, no.

Motion 4-1.

Mayor Festa stated the Public Hearing will be held on July 22 nd and the referendum on August 12, 2008.

To Discuss and Take Action To Allow the Mayor To Execute Contract With Connecticut State Library For L.S.T.A. Grant and To Adopt By Resolution A Policy To Support Non-Discriminatory Agreements And Warranties – Mayor Festa stated this information is in Council packet, is self explanatory, approved by the CT State

Library and a grant coming forward with need for signature of approval by Council to let the Mayor enter into agreement.
MOTION: That the Mayor be allowed to enter into the Grant contract, by Councilwoman Jandreau who read the Resolution into record: “RESOLVED that Mayor Vincent Festa, duly elected Mayor is empowered to execute and deliver in the name and on behalf of this organization a certain contract with the Connecticut State Library, State of Connecticut, for an LSTA grant. That the Town of Plymouth hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes subsection 4a-60 (a)(1) and subsection 4a-60a(a)(1), as amended I State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142.”; seconded by Councilwoman Schenkel. Discussion: none.

Vote: Councilman Sekorski, yes; Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes. Mayor Festa stated the Resolution passed 5-0.

To Enter Into Executive Session To Discuss Purchase Contracts For Property Acquisition
MOTION: by Councilwoman Schenkel to go into Executive Session at 8:52 p.m. for the discussion of contracts for property acquisition inviting the Council, Mayor and Legal Counsel to participate, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

Mayor Festa called the meeting back to order at 9:27 p.m. stating no votes were taken in Executive Session.

Public Comments - none

Council Comments

Adjournment
MOTION: to adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous

Meeting adjourned at 9:40 pm

Respectfully submitted,
Robin Gudeczauskas, Council Clerk

Local Vendor Preference – public comment: Jim Murdock, 46 Minor Road, totally against. As a contractor he bid many towns through career as contractor and a few towns refuse to bid in because felt if out of town and bid in that town and someone no more than 5% above they could opt to take that job at that price; cannot see it. Giving preferential treatment might sound good but not fair and will discourage out of towners from bidding in his town. If he is low bidder and something else is no more than 5% and they can take it; why bother. It can cause a lot of problems. Council comments: Councilman Gianesini: thinks it seems like a good thing to do because you are rewarding the local vendors but as Jim said you certainly will drive people off; also depending on scope of project and if you have local people and very qualified and concern if a local firm bids and really does not have track record and prime contractor may then hire subs from out of town that may not be qualified to do work and may defeat purpose of best quality job for the money. If we consider you cannot have a blanket statement and need someone with oversight to say person is capable of fulfilling project. Councilwoman Schenkel, was there an ordinance passed, does not see where this in any way benefits the town. The people who are doing good work in town do not depend on town contracts for their business and are successful because their reputation and quality of work speaks for themselves. By limiting to local town, people might say we are not for business.

Curbside Trash Pick Up – Mayor Festa stated there will first be a presentation on the project/program. Tony Lorenzetti noted currently municipal and residential solid waste through private contactor or brought to transfer station. For curbside it would be contract for curbside. Recyclables would remain the same. Metals would go to the transfer station as well as bulk items, waste oil, tires. The transfer station would be open but with reduced hours. Handout reviewed: vendor is Copes who does work in Watertown, Oakville. Contract is 5 year and automated with two option periods, barrels would be distributed with choice of 96 or 48 gallon and residents have option of additional barrel; after 5 years or option runs out and barrels are owned by the town. This is a weekly collection on same day as current recycle schedule and who is collected reviewed. Facilities: our transfer station is over 30 years old and needs work no matter what we do; compactor is old technology and at some point a change needs to be made and will be a additional cost. Curbside program same as recyclables and will improve that program. Ted Scheidel, proponent of curbside, he, Tony and the Mayor are members of Bristol Resource, founder of that institution, and a 14 member town organization. Curbside recycling gets to where you want to go; this service will increase recycling, new industry trends and one is single stream; fees reviewed noting savings. Current transfer station there is no way to see what is not being recycled and difficult to monitor; there is savings to be made by curbside pickup. Feel Copes is a very well run organization. DEP is also coming up with changes and regulations for the transfer station which is very expensive. Dave Bertnagel reviewed financial side of information distributed which was distributed to Town Council on June 3 rd. This would add .375 mills to the new budget or 1.2 or 1.3% for 08-09 budget to implement this program with cost estimate of $293,000 -$351,000; regardless of what happens it depends on route on whether curbside which will be less of upgrade cost to transfer station; transfer station in 5 year plan will cost approximately $700,000 and in addition need to address additional staffing at transfer station per State regulations. Fiscal years 08-09 and 09-10 have estimated revenue to be cut in half. Public question: If only open 1-1/2 days why additional staff; Dave Bertnagel stated if the town goes to curbside there will be no additional staff but if continue as is we will need to hire. Breakdown per household of cost is $8.68 per household per month and up to $9.05 following year. Councilwoman Schenkel noted people with private pick up is up to $40 per month. It is a savings. Curbside question: are recyclables and curbside together; CWPM will continue to do recyclables and Copes will do solid waste. Eugene Kaczypenski, 6 Maple Street noted curbside has to be done but in Florida they have one container for recyclables and one for trash which is picked up twice a week and once per week recyclables. Currently elderly person cannot carry this thing out for recyclables and very cumbersome; when they do not pick up on street it is a problem. Tony Lorenzetti stated 6 Maple Street is not an address he heard of recycling not being picked up. This vendor will pick up from any container you put out at the road with the only problem sometimes is if on the last day of the week, but under the ordinance the public is required to recycle and currently at transfer station they do have an area for recycling. Mr. Kaczypenski stated he feels everyone in this community should take care of themselves and should not have added expense to this community. Tony reviewed single stream recycling noting currently basic simplistic program and that would be cost of containers. Mr. Kaczypenski asked [1] once have container, is town paying; Tony noted the containers will be the property of the town and should last about 15 years. [2] If the town were to purchase all containers it would be about $300K plus capital cost; Dave Bertnagel stated that is built into contract Tony reviewed options in bids which one was automated and one was for person to pick up; since saving money with automated they are rolling the cost of containers into bid. [3] are there any grants to available; Tony stated at this point no and the State is allowing municipalities to share things. Ted Scheidel noted the State gives money and cheaper options at the plant level to keep tipping fee down. The State has requirements for recyclable, has gone up to 30% and wants to go to 50% and whether this type or another, certainly need public education in putting out recyclables and if it takes Tony, Pam, the Mayor and Ted to call, that may need to be done but do have State requirements to meet. Funding or lack of comes attached with follow through. Containers for multi family, 3 family, would receive one for each unit. Tony noted we do not meet minimum requirement for delivery to center in Berlin and we pay anyway so we need to increase recyclables due to minimum of what is to be provided. Jim Murdock, Minor Road, asked [1] about function of transfer station once we have curbside pickup, who will run it and at what cost. Tony Lorenzetti stated everything other than municipal solid waste (garbage) would essentially go there. The town will continue to run the transfer station; couch or refrigerator, waste oil, tires will continue to go on same permit requirement as today. [2] Christmas time and other holidays are a big hassle and what will happen. Tony noted regular solid waste will not go to transfer station and option is to have a second bucket which would be purchased with a small handling charge. Mr. Kaczypenski, 6 Maple Street, we use to have bulk pickup and one or two times a year due to holiday we need to have extra pick up. Tony stated he wished the town could still do bulk pick up. Ted Scheidel, noted service to residents has become very expensive and other towns are also cutting back and the State mandates certain items. If we keep the transfer station compactor open, we will need internal compactors. Town pays separate for recyclables. Barbara McClullen, 5 Club Lane, excellent having curbside pick up however, when have curbside it inspires more people to do recycling and to dump the metals might encourage more revenue…how can you project how much increase taxes if other offsets. Dave Bertnagel stated right now we do not know and costs will be for 08-09 and cost impact and if we see a change in revenue stream, numbers will be changed. Tony stated a new bid is going out for metals and hope to get better prices. Melanie Church, 328 Main Street, there would be an additional cost of approximately $293,000 and next year $351,216 and the way she is looking at it is the $293,351 would come from the general fund because we have already voted and next year we would need to make up that $293,351 because our general fund would have less and the $351,216 for next fiscal year. If you add it, it is $600,000 which is about ¾ mill and question it is something that is not free, people are on fixed incomes, no raises and this is a cost factor. Thinks it should be the will of the people, and have read revenues could go down; when looking at it and in 5 year period and 5 th year looking at $623,850 and that is ¾ mill and what about employee contracts, costs of other things that keep going up and can we afford it with price of gas, oil and electricity increasing. There are people who cannot afford it. Reason this budget went through is zero increase and with increases each year will we get to be like Thomaston; do you have cost of replenishing the transfer station and something that needs to be looked at also. Once it is fixed and brought over periods of time we are done for 20-30 years and would like more information. Dave Bertnagel, reviewed spreadsheet noting $293,351 is first year cost and once built in budget it will be up .375; after that cost of $351,000 and once mill rate raised .375 it will not go up; area in pink is cost of Copes contract which is not stand alone….difference between is $300,000. Costs of keeping the transfer station open reviewed. Salaries and transfer station, with curbside if does not fly, would need evaluation for additional staff for transfer station and that would add $80,000 cost to transfer station; curbside analysis is based on current known facts and dependent upon implementation of program. Will need to go to referendum for 08-09 budget. Brian Bonds, 23 Fall Mountain Terrace, stated [1] it has been mentioned that transfer station may need scale and is that proposed on budget; Dave Bertnagel stated the transfer station in 5 year plan which is not part of budget, notes $700,000 for upgrades which would include scale, compactor, infrastructure improvements which would go to referendum process to be bonded and not in this figure. There are environmental impacts to transfer station and we will not know until go in there what requirements will be. [2] reminder there are elderly people who cannot go to transfer station and feels this is the greatest thing going. It will probably cost a few dollars but a lot of people cannot go to transfer station and there is trash on back roads and may stop some blight in town. Great thing for everyone in town and feel taxes may not go up even if we do this. Keith Golnik, if town goes with barrels for curbside and we may need to draft ordinances, cars parked on sidewalks and now have barrels sitting on sidewalk and will they be out there 5 days a week, two days, and what happens in snow as it is hard to get people to remove snow from sidewalk and where will barrels sit. If we went with this proposal we need to have ordinances to make sure buckets are not out for long periods of time. Residents in town with long driveway, some are gravel and will be difficult to push buckets down. Ted Scheidel stated the speakers have brought up good questions as far as procedures but knowing 14 towns in this and 11 have curbside and it works. It can work in Terryville. We need to increase recycling. Melanie Church, 328 Main Street, stated Southington use to have rubbish pickup and it got too expensive, had it contracted out and now people had to individually comply without choice and paying $20-$25 per month and cost did not go down, it went up and a gamble we take. We are one of the highest towns in taxes and need to figure that in. Peoples pays aren’t going up but going down and then to lock in and it gets too expensive, budget gets voted down and Council decides to cancel rubbish pick up and then our taxes go up and you are paying individually. Southington has one advantage to bring anything to the transfer station and do not pay. Bristol is doing it in house and do not have outside contractor. Should we get our own truck and have our own people do it. Afraid to contract as every year the contract gets higher and higher.

Bill Dunbar, Jr., General Manager, stated Copes has been in business since 1930, family owned and operated, he and his brother work with their dad. Half of the business is residential curbside and 20% is construction and demolition hauling and 30% is running the Torrington Transfer Station for CRRA. As it pertains to residential, automated in Watertown around 1984, very clean, they do a number of condo units by hand, and recycling. Benefits of automated is it encourages recycling, standard 96 gallon bucket brought in for average family of 5 and if want recycling with garbage will not fit; do not pick up what is not in bucket. Smaller 65 gallon barrel brought tonight for view and did not have 48 in stock which is what this contract calls for; philosophy is to hire best drivers they can find; most guys have been with them 10 plus year and will hire 2 people for this project with background checks, standard DOT systems in place; oldest trucks on street are less than 10 years old; will follow recycling routes in place; cost of truck is $200,000 - $225,000 depending on options; winter and snowstorms are problem in northwest and they work every day and either people do not put trash out in snowstorm and they will come back the next day to get it if called; and people put it out and as soon as emptied bring in. The start of their day is 6 a.m. to 6 p.m. If there are missed pickups, per contract have fully staffed office 8 a.m. to 5 p.m. and if called by 2 p.m. they will get it the same day and after 2 will get it the following day; Copes will handle all customer service issues. Barbara McClellan are barrels prestamped and a lot of residents at Fall Mountain have barrels already because they pay for trash pickup and maybe the town would not need as many barrels. Melanie Church stated Route 6 and sections without sidewalks, heavily traveled, and what is plan to pick up with heavy traffic; Bill Dunbar stated Rt. 6 is through Watertown and do main roads first thing in the morning and not an inconvenience as whoever is first puts garbage out night before unless up early. Councilwoman Schenkel [1] stated she lives in a wooded area and is there any way to secure lid, without preventing gentlemen from emptying, due to raccoons, coyote, dogs, etc and also have bear and hate to have it torn apart in a.m. Mr. Dunbar stated it does happen and some people bungee cord and they prefer guys do not have to get out of truck. [2] Do to unusual circumstances people do not get trash out in time and make phone call; Mr. Dunbar stated they would get closest driver via radio. Melanie Church stated barrels out on Rt. 6, they pick up and windy day it goes into road and gets damaged, who is responsible for cost. Bill Dunbar stated he is responsible and will replace it. Tony Lorenzetti noted there are a few occurrences not responsible and town would have ability to administer portion such as putting hot ashes in bucket or start fire in it or drive over with own vehicle. Mr. Kaczypenski, 6 Maple Street, do you separate stuff before dumping; Mr. Dunbar stated they deliver straight to Bristol and do police what goes in barrel and do do spot checks on what is inside barrel. Tony Lorenzetti reviewed Bristol Resource Recovery guidelines and costs associated. Jim Murdock would like a list of recyclables sent out and Tony noted he will have to educate the public on recyclables. Councilwoman Denski asked question on every other week for recycles; Tony Lorenzetti stated it will stay every other week. Ralph Zovich, 4 Knight Lane, [1] what is situation with scrap metal and how handled with Copes; Tony responded that they have metal bid and will have new numbers on revenue and it will continue to be dropped off at transfer station. [2] How are we accountable for environmental issues and costs factored in. Tony Lorenzetti stated not at all and there are future dollars not earmarked. Bill Pirog, Seymour Road, [1] asked to confirm that the condo association will get what they have now; Tony that is way provisions in contract are set up. [2] transfer station will be 2 days but no trash; Tony, correct. [3] Currently people can throw items other than trash into their containers such as mattress or piece of furniture, how will that affect new pickup and will condo board have to monitor. Bill Dunbar, you cannot put appliances in. Tony Lorenzetti stated they have containers and if not a problem in going to trash to energy plant it will not be a problem but if something not approves, Copes will get fined. Keith Golnik asked [1] what environmental problems at transfer station need to be addressed; Tony Lorenzetti noted history of site, waste brought over years and need study/analysis on site. [2] If we stop handling msw do we remove compactor or let it sit and rust away. Tony Lorenzetti stated if you look at it you can answer, it has holes in it and needs to come down. Mr. Kaczypenski asked what is the town going to do with the new trailer purchased; Tony responded the town may not need it and still getting certain things to transfer station like furniture and not quite sure it can go in the hopper. If we do not need the trailer we will sell off. Still have one trailer in awful shape. Melanie Church, [1] if at the end of 5 years we cannot afford curbside, will permit stay open for rubbish pickup; Tony we were not looking at renewing permit. Permit program reviewed and we have applied for individual permit and they would like us to get involved in general permit program and we would like to keep permit status the way it is. Contract itself, there is 5 year base contract with options for 2 year periods and can get 9 years out of contract. We will need to get to point at transfer station with operation with ability to change; State is pushing for higher recyclables. [2] If rubbish pickup is cut; Tony stated there were provisions in contract to get out of it. Keith Golnik stated [1] the last time curbside was proposed the Albreada company was the lowest bidder and this time did not meet requirements and what types of differences from last time; Tony they did not provide bond requirement with bid. [2] this is about $8/month/house; Tony $8.68; Keith noted he spends that in gas driving to the transfer station plus his time. That is way to go, been in town over 60 years and private contractor is way to do it instead of town doing it to buy trucks, pay men, pay overtime, vacation, sick, etc.

Council comments: Councilman Gianesini, did calculation if you drive one mile from house to transfer station every Saturday for one year with pick up truck use 6.4 gallons and cost would be $32 not including waiting time; other point people would get squeamish with police cars replacement and payment amount of garbage truck plus diesel fuel; importance of recycling and if responsible to put bucket out with appropriate items we may have effect on bottom line of budget. Would like to see recycler either with portable laptop noting name of family who is recycling and build credits for dumping at transfer station and give people incentive to do something they should be doing. Councilwoman Schenkel stated on campaign trail heard over and over that want service people wanted which was trash pickup; budget tight and costs soaring and we can all save money. Need to educate public and time has come for this wonderful plan. Copes has very good reputation and very clean. Fully supportive of it.

Keith Golnik stated last go around opposed of deal and this time supports idea where still able to keep transfer station with limited hours and convenience of garbage pick up.

Councilwoman Denski stated Copes will be hiring two new driers and wonderful if they could be from our town.

Mayor Festa thanked everyone for their participation, a lot of suggestions, ideas, questions and issue of holidays and need for possible extra day, and more importantly another public hearing will be held on this because it is a sensitive issue to the community. After that hearing, if Council votes favorable and then goes through the BOF, it will go to referendum. The decision will be the will of people and through his campaign there was one thing and number one request for curbside pickup. He is in support of this program and will leave it to the people and issue we bring exact facts and information and people need to vote.

Respectfully submitted,
Robin Gudeczauskas, Recording Secretary

Members in attendance: Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel, Councilwoman Jacqui Denski, Councilman Peter Gianesini, Mayor Vin Festa, Robin Gudeczauskas, Recording Secretary. Councilman Dave Sekorski was excused.

Fire Exits were noted

Pledge of Allegiance

Mayor Festa stated the purpose of the Public Hearing is to hear public comments on the following items:

Neighborhood Assistance Act Applications – Mayor Festa stated the public hearing is to receive input from the public prior to Town Council taking a vote to accept or reject applications. Two applications in hand and will be submitted to the State prior to July 1, 2008 which is the deadline date. These will be reviewed in the order of receipt:

(a) Terryville Youth Soccer Club, falls into parameters in what they are looking to do as noted on page 2 “To provide a shelter from the rain and sun for the families who are at our youth soccer field as spectators, many of which are elderly. There are currently no shaded areas at this field. The shelter will be constructed using a Sunsetter 1000XT (20’ x 10’) awning, fastened to a set of 6” x 6” beams and will cover our bleachers.” Mayor Festa noted the Army Corps of Engineers owns and operates Hancock Dam, the Town of Plymouth is the lessee until 2010 at which time up the lease will be up for renewal or changes with the Army Corps. Anything the Youth Soccer Club wants/needs has to come through the Town and then to the Army Corps of Engineers. Received word that this request has cleared through the Army Corps and no problems as long as under Town auspices. The total project cost is $2,103 as noted on page 4 of the application and NAA funding requested is 60% or $1500. Comments: Councilwoman Denski asked whether this structure is permanent or portable with response from Mayor Festa that it is semi permanent, can come down if necessary and assumes it will come down in the winter and be stored away. Councilwoman Schenkel stated concern during thunderstorms and does not want this to become projectile in wind conditions and how will they anchor it down. Mayor Festa noted construction/installation will be overseen by the Building Inspector and professional installation by a company in town “Not Just Blinds” who is involved with awnings as well. Councilwoman Schenkel stated Terryville Youth Soccer Club is a very good organization, she has seen the field and for little kids and elderly who want to see games this is a great idea.

MOTION: To approve the program proposal from Terryville Youth Soccer Club and send forward to the powers that be, by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

(b) Terryville Elementary School PTA (TESPTA) has submitted this proposal as a result of the merging of two schools, Prospect Street School and Main Street School, who will become Fisher Elementary School. The playground application was submitted and on page two description and need of program read into record “To install a handicap accessible playground on the east side of town at the Fisher Elementary School. The playground will be available to all school age children and all community members. There is currently no playground on the school grounds. Fisher Elementary School is located on the east side of town which historically represents a lower socio-economic status.” The estimate on finances of this budget reviewed and funding request of $60,000, which does not necessarily mean they will be approved for all of this money; noting $85,500 is total of proposed expenditures and pending operations for offering gratis of site preparation from local business. There is a descriptive component attached to reasons for request. There has been a grant provided to Plymouth Center School PTA of $10,000 per year and how they have received money to do their playscape. Councilwoman Schenkel stated concern that the Town has invested a lot of grant money in two fields, softball and baseball, and where is this playground going to be put. Mayor Festa stated it will not touch either field as quite a bit of money and donated time has gone into those two fields. The individuals partly behind site work are very much involved in that plan as well and they will look at using the parking lot and moving some spaces to establish the playground on a flat level near the gymnasium. Councilwoman Jandreau stated it is a handicap accessible playground which we do not have in this Town. Mayor Festa noted Plymouth Center School is handicap accessible and they are working to enhance it. Councilwoman Schenkel noted the community has access to schools and families can bring their kids to have fun and be safe. Councilwoman Jandreau noted this project will involve many community organizations to assist.

MOTION: To accept the program proposal from Terryville Elementary School PTA for the FES Playground, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.

Mayor Festa noted the record will reflect no public participation due to the fact there was no public attending the public hearing.

All Terrain Vehicles (ATV’s) – Mayor Festa distributed information for review by the Council. Councilwoman Jandreau stated this item was scheduled for Thursday, there are a lot of people interested and would like to table and reschedule. Mayor Festa stated distributed information regarding Bristol’s ordinances on ATV’s and asked that the Council read through copy of State Statues on snowmobile and all terrain vehicles. He has gone through the Charter and there is not much addressing this issue, has gone through as many files as possible on the internet and has not found anything relative. From past experience as Administrative Assistant this issue has been taken up before but from correspondence received during the last few months, it is an important issue. The Council has had some notice from Vicky Carey on atv’s crossing her son’s property.

MOTION: To table this item for further action due to the fact we have committed ourselves to a meeting date on the 19 th of June that had to be changed due to Terryville High School graduation; by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Councilwoman Schenkel stated it is important that we have transparent government and because public is not here and we need their participation and should reschedule. Councilwoman Jandreau stated Council will have participation with advance notice. Mayor Festa stated it is very important, correspondence received has caused distress, concerned on email that comes through, looking at safety and welfare and this issue needs to be addressed. This is not a particular season and issue throughout the year noting calls on snowmobiles riding through neighborhoods in snow storms and at night. Need to publicize for purpose of public participating in open fashion. Councilman Gianesini stated lot of these things (atv’s and snowmobiles) are nice and can be passed when he comes through Wolcott and southern end of town where there are a lot of curves and hills and need to stay on your side of the road. The kids and/or adults come from woods on quads, and if a bit distracted someone will get killed. How do you identify them, hold parents responsible if minors, and are we able to seize an atv or snowmobile? Councilwoman Jandreau stated the last time on Council this came forward from a Ridge Road resident and we need to notify them as well as Jim Murdock who was very interested. Mayor Festa stated Ridge Road resident (s) have been notified and they have been in. Vote: unanimous.

Mayor Festa held discussion on July dates for a public hearing on ATV’s noting July 1 st is the next Town Council meeting date and will check to see if a quorum is available. He noted there is a public hearing scheduled for July 15 th and this item could be done following that; discussion held.

MOTION: To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Mayor Festa stated the Public Hearing adjourned at 7:25 p.m.

Respectfully submitted,
Robin Gudeczauskas, Recording Secretary

The Regular Meeting of the Town of Plymouth Town Council on Tuesday, June 3, 2008 was called to order at 7:00 p.m. by Mayor Vin Festa in the Assembly Room, Town Hall. In attendance: Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel, Mayor Vin Festa, Robin Gudeczauskas, Council Clerk and Sal Vitrano, Town Attorney. Excused absent Councilman Dave Sekorski.

Fire Exits – Noted for the record

Pledge of Allegiance

Acceptance of Minutes –

Meeting of May 6, 2008
MOTION: To accept the Minutes of the Regular Meeting of May 6, 2008 by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Town Council Rules and Procedures

MOTION: To amend the agenda to add the Resolution for Fall Mountain Water Project to the agenda as item 21 with other agenda items moving forward, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Public Comments on Non Agenda Items
a. Keith Golnik, 46 Orchard Street, last night he volunteered to be secretary of the THS Booster Club and was then asked to speak on behalf of the Club regarding Mr. Allread’s request that the $211,000 from CL&P be applied to sidewalks for new THS and ask that public works do this work. The Booster Club supports this idea and hopes money in contingency will be used for the track and not for sidewalks.
b. Melanie Church, 328 Main Street, understood when the school was built that sidewalks were part of the plan; the monies to build the school and plans were told by the building committee to Planning & Zoning that there would be sidewalks; there was no agreement to be any different. The taxpayers have footed the biggest bonding issue ever for the school and sidewalks should be put in and if we have extra money to help fine, but to take tax dollars for school and those were originally in plans; if you check in minutes the motion was made to put in sidewalks and to shun and put back on taxpayer it is a burden and we are taxed enough in this town. It should stay with school building and JCJ and let them put it in. You cannot keep coming back saying I want more; those questions were all asked and suddenly now they have no money and feel they can find the money.

Mayor’s Report:
a. Correspondence – received several pieces of correspondence on the ATV issues and moving forward to set a date to discuss this issue which has become an epidemic throughout the community in areas such as Plymouth Farms, Greystone and Ridge Road; a growing issue and will be addressed during presentation of dates for subject meetings. $385,000 for prefab garage and equipment for WPCA. Received and placed correspondence on file May 20 th and came to Mayor’s office with copies to Council members, copy in packet advising that there is intent to challenge legality of vote and under signature of Melanie Church-Dlugokenski.
b. Beautification Committee – there is movement to enhance committee of 15 in number and presently 5 noting need for additional people and those interested in serving can forward their name to the Mayor’s office. Planters (10) are ready to be placed. The Monday Garden Club has been established and their first order of business was to decorate the town hall sign and they did a beautiful job.
c. Blight Ordinance Update – had first workshop, will be scheduling additional workshops and oversight committee established to put together ordinance.
d. Human Resource/Personnel - Mr. William Bellotti has begun work and will start procedures for personnel directory, archiving a number of outdated and old files from employees no longer involved with the town for 30 years, setting up hierarchy managerial charts for organizational management and establishment of criteria for employee evaluations. Will be putting in place State regulations which will handle exit interviews and unemployment issues and most recently found some mistakes in pension funds.
e. Voluntary Community Service Corps – there has been discussion to what took place relative to blight workshop and individuals looking for assistance. Several individuals in town are asking about committee or organization to lend helping hand for those people who need assistance. Asked for fund in budget whereby individuals can present monetary donations for elderly people to come forward for assistance such as sidewalk shoveling or fall raking. The town needs procedures in place to enhance and protect operation of that type of venture and is looking into it. Would like voluntary committee to set up and provide operation services to do things such as repairs within house, correct minor issues. Patti DeHuff, Lynn Avenue, stated reminder that about 6 years ago a referendum was held on the school and there was a challenge to that referendum and stood before the Mayor and Council at that time and urged them to do the right thing. She stated now addressing specifically the issue of letter from Melanie regarding bonding and have been assured by her boss who is a former city attorney that our Charter clearly states that a bonding issue does need to go to a vote of the people and urge this Council to do the right thing and bring this to a vote of the people. Would hate to see it happen as happened on many other occasions which is when they stray from the Charter and the town ends up overthrowing the administration. She does not want to see that happen and strongly urge to put this matter to the vote of the people. Mayor Festa referenced new State Statute on bonding which is what this Resolution is from because not using tax dollars but through user fees of WPCA and why voted for public hearing vs. referendum. From legal counsel we are right to do this under particular Statue and waiting for another review by bond counsel and if alternate plan that will be put in place. In terms of towns people and change in administration, that is the will of people and if that is desire of townspeople so be it.

Appointments/Resignations

a. To remove from table the appointment of Randy Olmstead to the Beautification Committee; indefinite term
MOTION: To remove from the table the appointment of Randy Olmstead to the Beautification Committee, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
MOTION: To appoint Randy Olmstead to the Beautification Committee with an indefinite term, by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Councilwoman Schenkel stated good fortune that Mr. Olmstead had shown leadership qualities during Greystone cleanup and had very positive impact on beautification of Greystone and wholeheartedly support his appointment. Vote: unanimous.

b. To appoint Barbara Hoadley to the Sexton Position at St. John and St. Mary Cemeteries; Term Expires June 30, 2009
MOTION: To appoint Barbara Hoadley to the Sexton Position at St. John and St. Mary Cemeteries with a term to expire June 30, 2009, Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

c. To appoint William Hall Jr to a Regular Member of the ZBA; three year term which expires February 2011
MOTION: To appoint William Hall Jr. to a Regular Member of the ZBA with a three year term which expires February 2011, by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Councilwoman Jandreau stated Mr. Hall has been on that commission a long time, has done a good job and we need this reappointment as he knows his business and we need him there. Also, side note is Mr. Hall’s house burnt down last week at Lake Plymouth and sympathies go out to him and if he needs help please call. Vote unanimous.

d. To appoint the following to the Historic Properties Commission: Robert Green, Jeanine Audette, Diane Mindera
MOTION: To amend item for purpose of tabling Robert Green’s name and to change Diane Mindera to Steve Mindera; by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
MOTION: To appoint Jeanine Audette and Steve Mindera to the Historic Properties Commission, by Councilwoman Jandreau; second Councilman Gianesini. Discussion: Question on number of members, Mayor Festa stated 5 with 5 year terms staggered and no alternate. Vote: unanimous

e. To Accept the Resignation of Judith Blanchet, Supervisor, Public Health/VNA
MOTION: To accept the resignation of Judith Blanchet, Supervisor of Public Health/VNA, Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
MOTION: To amend the agenda for the purpose of adding names to Item 8, Refund Property Taxes including Gerrado A. Paez, $19.49 and Rejean Ouellette, Jr., $27.69, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Take Action to Refund Property Taxes to Martin & Debra Desautels, $55.50; Gerrardo A. Paez, $19.49; Rejean Ouellette Jr., $27.69

MOTION: To Refund Property Taxes to Martin & Debra Desautels, $55.50; Gerrardo A. Paez, $19.49; Rejean Ouellette Jr., $27.69; by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

To Remove From Table and Take Action On The BL Companies Contract For

Design For Phase 1 Of The Waterwheel Park – Mayor Festa noted this item was tabled at the last meeting for update on monies available, where come from and checking with Interim Comptroller who stated money in budget from grant money and for first phase.
MOTION: To remove Item 9 from the table, by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

Dave Bertnagel stated money is $350,000 state grant available for this project and includes scope of work as listed.

MOTION: To award contract to BL Companies for Design for Phase 1 of the Waterwheel Park, by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Dave Bertnagel stated he did research and funds are available and as far as he knows it will not take all funds. Also from research there are Resolutions in place, State has awarded us and there is a bank account established and everything all set. Mayor Festa referenced page 6, schedule for “Fees for Basic Services”; contract is $31,800 for this project. Vote: unanimous.

To Set A Date For A Public Hearing On The Public Works Commission and

Local Vendor Preference Ordinances:
MOTION: To set the public hearing date on the Public Works Commission and Local Vendor Preference Ordinances to the third Tuesday in June, June 17, 2008 at 7 p.m. by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Set A Date For Council Workshop On The Issue of ATV’s

MOTION: To set Council Workshop on ATV’s for the third Thursday of June at 6 p.m. on Thursday, June 19 th, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

To Discuss and Take Action On Report From Interim Comptroller D. Bertnagel

Regarding Plymouth VNA. Dave Bertnagel read report into record which was submitted to Council dated June 3, 2008, reviewed attached financial documents giving overview of the operations of the VNA for the past 9 years showing total profits/losses for the agency. Some expenditures include building maintenance and other costs noting $45,000 in expenses are beyond their control; there are significant downward trends. Questions: Councilwoman Schenkel noted serious concern of sentence at top of second page of Interim Comptroller’s report “patients that have episodes were found to have been paid, but later voided; the billing address was found to be wrong; zero remits were never posted that results in a potential for large revenue write-off” and asked if is this not recorded? Mr. Bertnagel stated he has had several reports that show amounts expected to receive and if they do not spend entire time with patients they close out and were looking at total fee and not closeout fee. Amounts VNA thought would collect are on paper and not true amounts. Councilwoman Jandreau noted he says this goes back 3 years but how far back can we collect? Mr. Bertnagel stated there is an 18 month window but 3 year window through Medicare. Only time we can go back 3 years, and we need to declare there was a problem and if we do that, we open a can of worms and will have a significant audit through Medicare. He will have totals on that and will bring forth. Councilwoman Schenkel stated the oversight board is to conduct thorough audit of records as it seems finances mixed in with patients, and a Hippa violation. Mr. Bertnagel stated the Town does have an audit and cost report done for the VNA and their scope was limited. His recommendation is to have our auditor go there, do thorough audit and checks finances. Councilwoman Schenkel stated the greater concern is patients, accuracy of records and their health and welfare is properly recorded. Mr. Bertnagel also noted there were financial records intermingled with patient records and there are certain documents that should not be in certain files. This has been addressed and those errors will not happen again.

To Set Date For Meeting With Board and Commission Chairpersons To Discuss Pay Scales For Secretaries. Mayor Festa stated need to develop pay scale noting some commission chairman and boards do ask that meeting minutes are verbatim which means some secretaries are typing and retyping at a tune of 4-5 hours, depending on item or what is requested. Several have indicated pay scale is not meeting standards and not worth effort; also situations where request for copies of minutes before actual submission for preview and that takes additional time. Mayor Festa offered his office to send notification to various commissions asking requirements of secretary and what is fair and equitable payment and can thereby determine need for meeting.

MOTION: To set date of third Tuesday in July at 7 p.m. to meet with Board and Commission Chairmen to discuss pay scales for secretaries, by Councilwoman Jandreau; second, Councilwoman Schenkel and the vote unanimous.

Melanie Church, 328 Main Street, are you going to make it so that it is uniform as it might be, for instance there are some meetings where person gets paid by each application and what will you do in situations like that and almost getting higher than the other people? Mayor Festa stated their fee is less than standard as it could be $50 vs. $100 but there could be times where $110 meeting. It goes back to individual chair and how they perceive meetings.

To Enter Into Executive Session To Discuss: (1) Purchase Contracts and Easements For The Fall Mountain Town Line Road Culvert Bridge Property Acquisition; (2) Pending Litigation In The Matter Of Town of Plymouth v. Kalinowski

MOTION: To enter into Executive Session to discuss: (1) Purchase Contracts and
Easements For The Fall Mountain Town Line Road Culvert Bridge Property Acquisition; (2) Pending Litigation In The Matter Of Town of Plymouth v. Kalinowski, inviting Legal Counsel, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous. Mayor Festa stated the Council is into Executive Session at 7:45 p.m.

Mayor Festa called the Town Council Meeting back to order at 8:05 p.m.

To Discuss and Take Action, If Necessary, From Executive Session

Attorney Vitrano stated as discussed in Executive Session, the Town is building a culvert on Town Line Road and to complete project there need to be an acquisition of 2 small parcels from abutting landowners and access from CT Water Company. Asked that the MOTION: To approve the purchase of a 3008 s.f. portion of land on Town Line Road from Bogislav Czopick for amount of $4,000; and also to approve a contract for the purchase of a 1168 s.f. portion of property on Town Line Road from 44 Fall Mountain Road Plymouth LLC for $3,600; and authorize the Mayor to enter into both of those contracts as well as approval of contract for temporary construction easement from CT Water Company and authorize terms of that easement contract, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Attorney Vitrano noted also, as discussed, there is presently pending action in Superior Court of matter entitled Town of Plymouth v. Kalinowski, which is a beaver dam incident that occurred a number of years ago as a result of action by Mr. & Mrs. Kalinowski in which the Town sustained damages and lawsuit brought to collect those damages. He has negotiated with the insurance company and need authority to settle that case.

MOTION: To authorize Attorney Vitrano, Plymouth Town Attorney, to settle the case of Town of Plymouth v. Kalinowski, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

To Discuss The Curbside Pickup Proposal, T. Lorenzetti – Tony Lorenzetti stated

last month he came with numbers, had reviewed bids and the lowest bid did not have some of the items required in the bid document. He distributed a copy of the second low bid from Copes for review. He and Dave Bertnagel have worked on numbers and a financial presentation is available. The plan is to have automated curbside pick up for residents and municipal facilities and the number of properties involved as collection sites are 4,870. The proposal is per location per month for a 5 year period with option periods on top. He noted at some point something needs to happen at the transfer station and a study done last year shows 1700 people per week going in. The transfer station was designed for larger trucks to transfer from there and not all these people. The facility does need upgrades. Dave Bertnagel reviewed financial impacts per letter dated June 3, 2008 and attached analysis. Have compiled recommendations as well as looking at what the bids came in at and idea of keeping it open one night and Saturday mornings. Color coded cost analysis included, numbers reviewed. To implement this program is $293,000 up to $350,000 in fifth year based on current economic trends. Presently $244,000 - $250,000 budgeted for current transfer station and assumes that revenue would drop in half. Some numbers will need to be adjusted as we go forward. This is .375 mill increase which would need to go to referendum for a vote by the people. To fund that in 08/09 his recommendation would be, since budget is set, to use fund balance and then billed to taxpayers in 09/10. Second page reviewed noting current numbers going out. If this were not to pass then additional staff would need to be discussed for next year. Total cost now is $794,761 for taxpayers to keep transfer station open; and with new proposal for curbside pickup and to have transfer station open one day and on Saturday would be $1,088,112; costs reviewed. Do have a 5 year plan and on that is the upgrade of the transfer station. Questions: Councilwoman Schenkel asked (a) what monies are set aside for upgrade. Dave Bertnagel stated it is around $70,000; (b) are we pursuing grants to go green. Dave Bertnagel stated, yes, we would pursue any grant opportunities and dependent upon course of action the Town decided to take. He noted proposal is leaving open one day during the week and Saturday. Overtime depends on how negotiations go and in present contracts Saturday’s are guaranteed overtime. (c) how about multi family housing. Tony Lorenzetti stated it is up to a certain size, 4 family and part of bid specifications; reviewed noting 195 two family units, 883 family units; 15 four family and includes municipal housing such as Gosinski Park, town facilities as well. (d) if understand alternate on bid, automated collection items will be $8.68 per household per collection site per month and at the end of five years will cap at just over $10.00. The actual containers are included through part of this bid and additional barrels can be purchased but with handling charge. Tony Lorenzetti stated to clarify it is the plan to be Saturday and one day during the week which is consistent with other towns that have curbside collection. Need place to bring waste oil; garbage cannot be brought on days open; it’s only for specific items. Ted Scheidel, Administrative Assistant to the Mayor, stated he and Tony have been very active and have seen what 14 other towns do for collection and what appears to work best is curbside collection. It actually increases recycling collection and we are paying $65/ton for solid waste and $35/ton for recyclables. Plymouth needs to increase recycling. It also does single stream for recyclables, and a pilot program in Bristol has worked better than expected and increased by about 90%. Curbside makes easier to transition into single stream and automated is the way to go. Even though transfer station may appear to be working o.k. there is no way employees there can watch everyone throwing garbage into roll offs and know there are a lot of recyclables going in. Automated system can check. Curbside is a cleaner, efficient way of picking up mixed solid waste. He is asking Council to approve a public hearing on this item and they will have Copes, low bidder, come to talk about themselves and process. He and Tony have visited the Copes company, spent time and pleasantly surprised at this well run company. Tony Lorenzetti stated the Town has other agreements for other portions of waste such as recyclable and wastes transported from the transfer station. Packet distributed has information about Copes; Dave Bertnagel stated the company is very solid. Tony Lorenzetti stated with regard to the bid itself, if the Town decides to go forward and after5 years decide to do something else, the containers become property of the Town. If the Town does not approve curbside pick up, there is a lot of work to be done to the Transfer Station and estimate between ½ million dollars and 1 million dollars to upgrade; basic system has external compactor and old technology; new technology would include internal compaction and upgrade of facility for needs. There is significant cost involved When dealing with bulk only you do not need compactor system and we can change type of operation if have curbside pickup. Dave Bertnagel noted amount of $600,000 to upgrade from a few years ago and within 2 years transfer station needs to have upgrade to come in compliance. Ted Scheidel noted beside cost of upgrading, the DEP is changing regulations all the time. Discussion held. Councilwoman Schenkel asked, in effort to maximize public awareness of the proposal, is there any material to educate residents of the fact that by not recycling they are costing the town money and in the grand scope of things, we can reduce taxes by recycling. Tony Lorenzetti stated there is some information but he needs to do more on that and one of his personal goals is to reduce costs to pay for recyclables. Councilwoman Schenkel stated she would like to hold a public hearing as this is one item the public mentioned on what they wanted during the campaign.

MOTION: To set a public hearing to discuss curbside trash pick up proposal, by Councilwoman Schenkel; second Councilwoman Jandreau and the vote unanimous.

MOTION: To hold the public hearing on curbside trash pickup on June 17, 2008 following the public hearing on Public Works, by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion to have Trish sends email with all dates on where to be at what time. Keith Golnik, 46 Orchard Street, stated a little over 3 years ago a public hearing on curbside pickup was held at THS and went on for quite some time. Pat Perugino, Board of Education suggested calling Gerry Perusse for use of auditorium and if you don’t need it that is fine. Melanie Church, Main Street, stated at the last public hearing there were about 40 people who came. Brian Bonds, 23 Fall Mountain Road, has anyone looked at cost to close transfer station; somewhere you will need to close it and probably talking millions. Tony Lorenzetti responded that he does not have a number and at some point if the Town decides to close there would need to be environmental assessment done. Biggest issue with current location is the amount of people in and out for a site that was never intended to have this activity. If we can segregate what goes in, which is why there is an enclosed compactor, then we can minimize what could be potential hazardous. Councilwoman Schenkel, can we look into future Brownsfield for transfer station. Tony stated there is always the opportunity to look into grants. The Town would need to designate locations for people to dispose of things such as air conditioners, used oil, and not necessarily need to do so in town. Vote: unanimous

To Discuss and Take Action On Resolution For State Public Library Construction

Grant Contract – Mayor Festa stated this has been done and contract sitting for some time and only issue to address is to reconfirm the Town’s position on nondiscrimination certification clause relative to the Town’s stand noting concern that we make sure we have this on file to be in compliance with the State relative to the library grant.

MOTION : Resolution read into record: RESOLVED that the Town of Plymouth hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes subsection 4a-60(a)(1) and subsection 4a-60a(a)91), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142. WHEREFORE, the undersigned has executed this certificate on this 3rd day of June, 2008.” by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Councilwoman Denski asked if there is a copy of that motion; Mayor Festa stated no as it is a standard motion, and to assure grant meets requirements and approved by prior Council. Vote: unanimous.

To Set A Date For A Public Hearing On The Acceptance Of Applications For The Neighborhood Assistance Act. Mayor Festa stated one application to date has been received from Terryville Youth Soccer Club for a proposed shelter at Hancock Dam soccer field. Because lessee of that property looking forward to getting permission from Army Corps to put structure in place and plans need to show exact location of shelter and construction. This program will provide monies for purpose of such. Have also spoken with Mrs. Worhunsky relative to application to do plays cape for new elementary school and working through Board of Education for approval to apply for this grant and she is aware of the deadline. Can go forward with setting date for public hearing which applications are due in by July 1. If Army Corps turns down TYSC, there is no problem with having date set. Same with Mrs. Worhunsky to get her application in. Date will protect grants in terms of application form to meet requirements. Councilwoman Jandreau noted need to put legal notice in within so many days after and looking for time between 6/16 to 6/20.

MOTION: To set a public hearing date for Monday, June 16, 2007 at 7 p.m. by Councilwoman Schenkel, second Councilwoman Jandreau and the vote unanimous.

To Approve The Suspense Report From The Tax Collector – Dave Bertnagel reviewed suspense list received from the tax collector on 2004 grand list and this is done on annual basis, copy in packet; Statute reviewed. When item suspended it can be collected for a period of 15 years. 2004 Grand List Year Suspense is Motor Vehicle, $24,084.67; Supplemental Motor Vehicle, $1,715.97; Personal Property, $3,875.40 with Total To Be Suspended of $29,676.04.

MOTION: To approve the 2007-2008 Suspense List totaling $29,676.04, by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

Resolution For Fall Mountain Water Project

MOTION: Resolution read into record by Councilwoman Jandreau “Be it RESOLVED, that, Vincent Festa, Mayor, of the Town of Plymouth is hereby authorized to sign the LOCAL BRIDGE PROGRAM SUPPLEMENTAL APPLICATION on behalf of the Town of Plymouth for Townline Road over Hancock Brook, Bridge No. 110-013. ADOPTED by the Town Council of the Town of Plymouth, Connecticut on June 3, 2008”; second by Councilwoman Schenkel. Discussion: Tony Lorenzetti noted for clarification that Fall Mountain had 2 pieces of funding through USDA and Department of Transportation. This Resolution is to allow application through DOT for funding source and to allow the Mayor to sign the document. Attached to the Resolution is back up material from town council meetings back to October 07 and August 07. Vote: unanimous.

Public Comments

a. Keith Golnik – How soon will it be to start swimming in Lake Winfield. Mayor Festa stated at this point in time it probably will not be this season, not due to the quality of water but turbidity. There has been checking of the water through public health, town sanitarian and will do so on a regular basis because intent is to have boating activity there. Because of turbidity it would be impossible to see individual under water. Recreation is moving forward to look at some areas regarding the lake itself and issues to address. Due to cost factor this may be something going to bonding proposal to address lake and surrounding facility. Dave Bertnagel stated this item is in the 5 year plan at a cost of $1.2 million for dredging of Lake Winfield.

Town Council Comments

a. Jacqui Denski- reviewed commission reports for Parks and Recreation noting dedication ceremony and plaque in honor of Marybeth Morelli at Lake Winfield; BOE; Library Board noting Lynn White was nominated for Biblio Board of Directors.
b. Peter Gianesini – reviewed report on Inland Wetlands; Planning & Zoning; WPCA; School Building Committee noting open house at new high school with excellent tour.
c. Jeannine Jandreau – reviewed notes on Charter Revision Commission who need alternate as one person resigned; Planning & Zoning; EDC noting lot #5 was sold to a commercial bakery and 5 lots are optioned in the new park; CT Rural Council meeting on May 28 th; Public Works and Highway Department.
d. DiAnna Schenkel – BOF noting thanks to Vicky Carey for taking idea forward on 5 year plan of projects with Comptroller; Police Commission; Charter Revision no longer liaison and now being liaison for EDC after switching with Jeannine Jandreau; CT Rural Development Council phenomenal presentation.

Adjournment
MOTION: To adjourn by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.

Meeting adjourned at 9:15 pm

Respectfully submitted,
Robin Gudeczauskas, Recording Secretary

The Special Meeting of the Town of Plymouth Town Council, May 29, 2008 was called to order at 7:00 p.m. by Mayor Vin Festa in the Community Room, Town Hall. In attendance: Councilwoman Jacqui Denski, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel, Councilman David Sekorski, Mayor Vin Festa and Robin Gudeczauskas, Council Clerk. Absent: Councilman Peter Gianesini

Fire Exits – Noted for the record.

Pledge of Allegiance

Council Comments – DiAnna Schenkel: thanked everyone that came in and providing feedback. Fascinated with Fall Mountain group, ideas and how addressing blight and element important to success is this group of dedicated people volunteering time to get job done and element we do not have as much. People have lost that caring for each other as community even if we need to let them know something they do not want to hear. Concern is once notice comes, people shut down and think they are in trouble and through housing appeals or separate committee that can assist Clarence who provides data, review and create communication bridge with people….need follow up call that know received notice and is it because elderly, cannot afford, and let it be known we have organizations to help, we do know there are people who volunteer; also, for committee what would be good is to look into grant money, no matter amount. Some money can be given to help paint the house or for new trash receptacles. For gentleman in back who has gone through so much she is sorry for what he has gone through and this man should have come to officials for assistance. Maybe there are resources at a level not aware of and she is willing to do what she can. Councilwoman Schenkel complimented the Fall Mountain ordinance; since so successful from Fall Mountain, maybe this committee could be in zones and bring people from those areas to talk about what is going on in their community and help to deal with it.

Brian Bonds stated at Fall Mountain they do not get paid and have 11 people to do work and strongest board ever seen. Key is first notice which says if you do not like it, who to contact, but you have to be nice. First notice is a courtesy notice and not a violation notice and at least 50% said they needed that to get going and they cleaned up. Have told them if they need help to let them know and they will try to get them help. People will fix problem but need to treat them with respect.

Councilwoman Jandreau thanked everyone very much and their ordinance will help Council figure it out and thanked Clarence for his time. Thanked Keith for his thoughts. Don Souza stated one other thing on clarification of whether can use volunteer people under Clarence in town to help and some way to work it in they would appreciate it. Mayor Festa stated we need certified building inspector or assistant building inspector due to codes; someone can go out and refer back to building inspector but on site determinations is from certified person. Discussion held on creating lists and how they were done in past mostly from adjoining property owners or within neighborhoods. Idea of individuals within zones for blight watch may be considered. Barbara McLellan noted 4 people zoned on different streets that go out at end of month and then come to her, she goes out; you can have individuals in towns; and it does make it easier.

Councilwoman Denski, those that have blight can it be because we do not have bulk pickup and/or curbside pickup. Mayor Festa stated there will be discussions next week at Council on curbside pickup but bulk pickup is due to cost; if in trash business, the best part is to be in recyclables and/or metals. Trying to get rid of larger pieces is hard to do. Not giving up on idea of bulk pickup and amnesty and helping people get their stuff to the dump. Greystone trash pickup reviewed by use of one day pass. Clean up community and it costs the community a bit of money but helping neighbors and friends it is priceless in that regard. A little bit of money it cost to take something away is worth effort of helping residents who foot bill by payment of their taxes. Will look at at least one bulk pickup at some point during the year. Everything is going up because of price of fuel.

Councilwoman Schenkel asked Barbara on issue of wood and what type; Barbara McLellan stated old plywood, porches, sheetrock noting pressure treated cannot burn but if made list of people who want free wood that could be done; however, it was noted a lot of wood is junk and they cannot always determine type. Mayor relayed story for gentlemen on blight and fees processed at transfer station; man took pieces of wood to the transfer station, told fee was $100 and then told every truck load would be $100. Someone with a large truck, those 3 loads would become one and cost less. When he discovered that, he dug hole, put wood in and burned it which was violation, but can understand why it was done. The Town needs to assess way we have fees and fairness. Should we go by weight vs. quantity? Need to reeducate people on what can and cannot be done. Periodically need to put fees out there and sometimes it is state requirement to increase fees but people need to be aware.

Keith Golnick, 46 Orchard Street, not advocating but bet it would have been cheaper f or illegal burning fine vs. garage. Maybe in the future we can look at a dumpster to the community on a quarter or 6 month basis if for legitimate community service, and coordinate with neighbors for clean up and that area is allowed to dispose of things. Need to monitor what was going in such as something illegal or hazardous. Should look at establishing a fund.

Dave Bertnagel stated one comment that may come up more is critical piece of working with the community to get rid of junk and whether curbside or amnesty and/or redo fee structure, we need to change the way of operation at the transfer station. Argument about trash is people want to use the transfer station, and like to come to the transfer station and throw away what they want, and this not happening under the current circumstance because of fee increase. We need a facility with shack, scale and someone to find out what is in the vehicle and need to collect fee at transfer station; people do not what to come to town hall and pay fee for permit and then wait until weekend. It is inconvenient to utilize the transfer station. Need to look at fee structure, how we maintain and control, and feels it would balance out to pay staffing. If the town cannot get a good trash collection agreement we need to look at a way to do business at the transfer station and that means someone guarding the dumpster and this will cause education of the public.

Brian Bonds, Clarence said there are 30 people in blight now and that is not a lot of people and if the Town works with those you will get at least 20 to clean up and really only have 10 people to nail down to get the rest of it. The town needs to fight the battles it will fight and win the battles they will win and not waste money. As a town we need to be smart on the battles we pick. Mayor Festa stated he has the blight list fee and 38 properties are listed to a tune of fines $2,373,250 and recorded from 2000 to 2005 and 6 of those had date of last communication in 2000 for one, 2005 for 2, and 2006 for 2 others. One property has fine of $107,000 and another of $113,000 and $112,000. Looking at one at $89,000 which is well known and we will never collect it. Mr. Bonds stated that there is no judge that will give the town that type of money. Some of these properties have been abandoned, original owner dies, no record of heirs and issue is to take action and do notifications in newspapers that looking for individual x or y; and property will go for tax sale. Mayor Festa noted one property in particular, there was the attorney who took care of individual and bottom line and that attorney took property in lieu of payment but never recorded it. He passed on and heirs knew nothing and stuck with deceased client and difficulty in figuring out and settling.

Barbara McLellan stated there are things that can go to the transfer station but a lot of towns that do not have trash pickup, everyone pays $25 and get it for year. These towns do not let contractors use the transfer station because they do here. Small fee for everyone in town is not a huge deal and for our senior citizen, disabled and low income we can do something to alleviate that for them. On fine system, found out through lawyers is when we actually do fine someone it is flat fee and grows day by day but only by $3/day and the judge will accept that because it is not a big amount of money but in a years time it adds up and you can get your money as it is enforceable. The key is not to make money on fines but get property cleaned up.

Melanie Church, 328 Main Street, just said 38 properties and were those original ones on blight. Mayor Festa stated he cannot tell if original on blight but some were probably taken off and others need to be put on but this is as of May 2006; that was before blight was rescinded. It is not a valid list but used as follow up to Mr. Atkinson’s comment on how flawed system was. Mrs. Church stated the town needs a clause for retaliation in blight ordinance; does not want to be negative but was told on different occasions that this was the ones the mayor ordered to be done. If certain ones brought up it was not discussed and need way to stop discriminatory ways.

Councilwoman Schenkel commented on blight list of 30, known list and agree if handled properly what you have is a lot of free advertising of people saying, wow, they helped me and together will not be fearful of coming forward with problem for help. Other concern is once clean up is done we need to educate owners so that it does not reoccur. Old habits can die hard and could be back to same issues. Need to have maximum allowable fine for road side dumping. Need to stop that especially through Greystone Road area and thoroughfare between Waterbury, Wolcott; and our town crew is stuck picking up stuff. There needs to be severe penalty for dumping.

Mayor Festa asked Council what avenue of approach to take: Councilwoman Jandreau stated ad hoc committee is good idea to work, legal counsel, looking for Mayor and Town Attorney recommendation on what is relatively small committee to come up with draft based on recommendation and maybe can have second workshop; building inspector and Torrington Area Health District representative to participate in workshop; town attorney, Fall Mountain Association member; great concerns and recommendations and to keep simple, follow State Statutes. Smaller group and have workshop and endorse Mayor recommendation to bring forward and motion can then be made by Council. Councilwoman Schenkel stated she agrees, essential to ad hoc is for enforcement and should have housing appeals and bring in people to talk about finances, mechanism of collecting, need procedurally functioning ordinance; need to make practical and workable.

– Mayor Festa gave recap on special workshop meeting at request of Town Council to begin process of looking at moving forward in developing a blight ordinance acceptable and enforceable in the Town of Plymouth. There will be other workshops to develop subcommittees to make the ordinance compliant with state statutes and our ordinance. Request to look at blighted property and health issues and conditions surrounding blighted properties. Recently learned that rodents are being killed by family pets such as dogs, families catching rodents and there are a number of blighted properties where people have called on stench odor from garbage strewn around. The Town Council hopes to work with the community to develop an enforceable ordinance. Council discussion: Building Inspector is here this evening and has provided a set of specifications to go through, i.e. copies of other community ordinances. Councilwoman Jandreau stated complaints received is we do not have enforceable ordinance and she is being asked when we will have one. Councilwoman Schenkel stated the Council had an enlightening workshop last night with CT Council on how we can improve our town and they complimented us that the majority of town seems to be a wonderful place to live, people take very good care of their yards and a problem is the downtown area and Council is fully cognizant of where things need to be done, i.e. waterwheel area noting whenever EPA issues, it takes time to get wheels turning. Some areas are not attractive and may border on blight and the Town is trying to improve. Councilman Sekorski reviewed what was done in the past, and existing status of blight being that enforcement was suspended with existing Council and beyond period of suspension. He has heard (a) clear definition what is blight. Know it is a gray area and baseline has to be in line with what the state definition is. (b) Other concerns are health issues and; (c) third, it is inappropriate for the town to enforce blight if we have blighted properties we are responsible for. We are aware of blighted properties in the town’s jurisdiction; reasons why they are, is we have taken them over because they were blighted or in back taxes. Town properties are in some type of legal quagmire and it takes a long time to enforce. He referenced background of what has been done, noting Minutes of September 07 meeting, and what the previous Council tried to go through; noting several examples of blight ordinance on books, those were reviewed and tried to pick out the best definitions of blight, best areas enforceable and got fairly well along. There may be past minutes for information. Mayor Festa stated areas identified where our blight ordinance is not strong. Back a few administrations, areas of weak blight ordinances were discussed in terms of weak in we do not have clearly defined enforcement procedures within current ordinance. Need to review existing ordinance, clear defined definition, identify rules for appeal, and become clear on state statutes. We can develop a consistent and enforceable ordinance and personal concern is responsibility of enforcement as we have a tight budget. He does not feel the Building Inspector can also take on blight, the same for Zoning Enforcement to take on this responsibility. We need to keep in mind how we will enforce it. Existing job description is in Council packet for review. Also for discussion is dealing with blight from public health issue and with that approach a lot of enforcement and inspections would fall under other jurisdictions such as local health officials or local health boards and at the State level. This process will take a lot of discussion by the Council, with the Town Attorney and through research. For some there is an economic burden to take care of their property and they do not have financial wherewithal to maintain upkeep on property. We will need a recommendation from the Town Attorney on a general blight ordinance. Councilwoman Jandreau stated she hears the same thing and recommends a clear definition of blight and define enforcement and appeal, as well as need to establish a blight fund or account (Mayor Festa stated there is an account). Also there needs to be procedure for proper notification of blight offender; some did not know they were in violation and others had not heard status in years; also need to establish a time and collection of fines. Mayor Festa stated before looking at collection of fines, account where deposited, we need a handle on the true definition of blight. Clear indicators are enforceable blight ordinances from other communities in line with State statute. To build a particular enforceable ordinance, we need to develop a committee, strong in Council representation and community representation as well. Fall Mountain Lake Association is here and have done a marvelous job in their community and there are other people in town willing to sit in a group and develop an ordinance. Look to Council as suggestion on ad hoc committee working with Town Council to move forward and with our Attorney to develop an ordinance that can become effective. Councilman Sekorski noted the Mayor did have knowledge with blight as administrative assistant, and had representation from public health, building inspector, sanitarian, fire marshal, planning & zoning, zoning enforcement, land use, animal control, police department representation and human services --- all who made up blight committee. The ordinance would help the Building inspector enforce. Liens were placed on property and those people were legally and properly notified; many listed that were notified as being blighted in year 2000, certified letters went out and the last the owner heard of issue; however, the Town kept compiling fines for that property and ended up with workshop relative to blight ordinance and included housing court judges who pointed out we had ordinance not enforceable because of language and manner in which the town expected to receive payment through courts. It was inconceivable to send out notification and in 2 or 3 years the court would award $250,000 – $300,000 to the Town. Background given of land taken off tax roles and no longer owned or abandoned, heirs to property were not found and sitting on tax roles. This is a difficult process, will be lengthy and a great deal of faith from individuals who want to be a part of this community. Mayor Festa pointed referenced Bristol’s ordinance and what we are looking at is issue of health and safety fist and foremost, and their language talks about definition (portions read into record). Abandoned property, neighbors and neighborhood concern is welfare of children who play in or near buildings and animals that could be rabid and are within these abandoned buildings.

Clarence Atkinson, Building Inspector, stated he has concerns with same issues and did not know if the town had funds available to help a person who does not have funds to fix their property, or low interest loans with goal of taking care of blight issues. Other concern is property documentation: situation, pictures taken, signed document stating who was there, when, what was seen and photos to back up evidence window of time that reasonable amount of action should be taken to enforce blight action. Concern when people are properly notified and registered letter comes back, we send sheriff to make sure property owner is aware of blight, and written supplemental assessments submitted. He got a copy of State Statues and survey from 5 other local towns, and tried to analyze similarities and which towns missing things. They all have basic steps on blight such as tall grass, deteriorating construction; and towns had different ways of looking at blight steps. Mayor Festa stated there have been situations where an individual is cited for blight and to no fault of their own, example given on roof damage and tarp put over while trying to repair, seasons changed and could not get to do work and repeatedly cited for blight and made public spectacle of issue; another situation of vehicle accident into a building and person cited for blight, not within their control and insurance issue that needed to be settled through a claim and they were cited for blight. There needs to be some assurance they will not be blighted every month; look at how we approach individuals and how we approach property owners…..need mechanism in place along with documentation. Mayor stated we have job description relative to qualifications, a high school diploma and equivalent is standard, and minimal certification of assistant building official license or building inspector. Did have salary allocated for part time position and at that point in time if the blight official put in less hours than required they would be able to assist the building inspector in doing such things are general inspection. Councilwoman Schenkel asked if the Building Inspector knew if we need to put some type of language in ordinance because he will serve notice upon receipt of report and need to go on property to do documentation; will we need language that overrides complaint of trespass. Her concern is his safety if rabid animal or dog would bite, and need to put language in there to get job done without being threatened, harassed or refused access. Mr. Atkinson stated an adjoining neighbor, if usually complaintant, will let him on their property and he can get photos from different angles. Examples given and documentation is key. Councilman Sekorski asked if the Town is facing any instances that have come to his office that he is not able to deal with because ordinance is not in place and, under jurisdiction of building inspector, does he have certain enforcement from health and safety that he can do to blight, i.e. situations that are restricted from dealing with if ordinance is in place. Mr. Atkinson stated there are a few homes such as car, oil tanks, 50 gallon drums and do not know contents, and car parts all over, that he has not contacted because blight ordinance is not effective. Sometimes if he talks one on one they agree to clean up property. We need something to fall back on and as long as public health and safety that is good. Councilwoman Jandreau noted blighted person viewpoint and when send violation and complaint, that property was cleaned up and they did not know who to contact after that, but kept getting fined. Suggestion to make sure notice has person to contact after they clean property. Mr. Atkinson stated had man cited for blight, cleaned up and he came back for letter that stated it was cleaned. Also suggest blight letter contain process in detail.

Public comments: Barbara McLellan, blight enforcement officer at Fall Mountain stated this topic is very interesting and dear to her heart. In response to Councilman Sekorski, she listened carefully and excellent points but at Fall Mountain has learned complaints stating neighbor did not clean up so why should I. The town has blighted properties but does not give the next person the right to not clean up. In response to Councilwoman Jandreau, the way they handle it is they sat with lawyers to figure out language and only allow one unregistered vehicle, handled when they send out notification of blight; and they need to clean up and notify back. It is a simple process and does not need to get complicated. Also, blight is a big deal in every town and every town works on defense. We have some good resources available in our town that depletes blight which is recycling and people are not close. One day she drove around on recycling and looked at how many people had bins out and out of 300 homes, 70 had containers out. That is part and parcel to blight and an offensive move. Thank you for having amnesty at dump but not effective as it could be because did not allow wood which is part of garbage. With blight ordinance the Town needs things to do to make it easier and at Fall Mountain they have some sort of blight thing going to get rid of junk cars; stating Rayanne in the Assessor’s office is an amazing lady noting the moment she sends notices that they have to register vehicle (s) or it will cost $5000, people get rid of vehicles or pay the town. They ( Fall Mountain) amended bylaws to address property and they have water rats and a few other things and looking forward to working with the town as all can benefit.

Don Souza, 50 Eastview Road, thanked Council for having meeting noting he is here for Fall Mountain, sits on Housing Board of Appeals which is a part of the blight things. Problems on Board of Appeals is for blight when blight officer issues the property in violation they have so many days to appeal that blight ordinance and if choose not to appeal, then blight officer takes a further inspection and issues order of fine or whatever; if appeal they come before Board who has certain guidelines to go by. Board can throw out situation saying it is not blight, give a 30 day extension to comply, or modify the order. They have certain things to do under conditions in ordinance (read into record under Housing Board of Appeals); after hearing a decision is made, the blight officer notified, and from there on it is up to the blight officer to follow through. In the past all steps were not taken and once decision made, it was not followed through. Problem is in enforcement area and procedure that is not being followed from beginning to end and applicant has option to come before and explain blight. It is not the problem of what is or is not blight but enforcement and follow through of procedure. He stated Barbara’s words are well taken and they have improved Association and successful. Everybody is responsible to declare their value of property such as snowmobiles. If plates are off vehicle, they still need to declare vehicles and pay taxes on them. Board of Appeals works with blight and housing codes.

Brian Bonds, Fall Mountain Lake president, stated as bad guy, they do have ordinance and looking to have town enforce a few pieces of property that should be knocked down for safety of kids as they want to put a playground next to one, and as taxpayers how will the town do this. If the town will take 20 years they may want to do it themselves. Bridgeport is auctioning off 20 pieces of property via a tax sale tonight; Bristol also does it but they also take things that are blight, assess property to determine blight, and turn around to fix it and bill the property owners. His group has also worked closely with the mayor’s office and want to keep going that way to make sure blight in town and association gets followed through. The town must have a plan, step by step. and must follow through. You can put any rules down but if no plan to follow through, finish up and take people to court, it will not work. Out of 100 violations at Fall Mountain, 2 did not comply but they have not taken anyone to court yet. Need to know step. Make rules small so that you can finish them and you will get the job done. As President of Fall Mountain he will volunteer theirs and the town needs to enforce it. Need to knock down properties at no cost to town and find out if it works.

Joe Hooper, Todd Hollow Road, one problem to address is to make it easy for people to straighten out stuff; he is one of the biggest blights, messed up legs and need to start from square one and does not have money to do it. Need someone to explain if, how to do it noting the State is holding him up because of asbestos and need committee to help along to go through road block.

Keith Golnik, 46 Orchard Street, one thing he would like to bring up is the fact of like what the gentlemen said who needs help with property before reaching point of blighted property; and help others such as elderly, sick who need help mowing lawn or painting; reach out from organizations in town with people; volunteer groups from high school for community service and do simple things to assist. Maybe free labor or materials.

Melanie Church, 328 Main Street, would like to see this go by State Statutes and reading through different things, Bristol goes by State Statutes; Waterbury cannot enforce theirs; in order to keep this simple why not use State Statutes. Another thing she believes and everyone thinks we need to have a blight officer; Bristol has a building inspector, zoning enforcement, police and these are people we already have and you do not always need extra income. High school and other buildings will be done and that may free up Clarence and this could be handled, she believes, by what we have as employees now. If place that smells and garbage around, she had a problem with China Star with flies in windows and went to the health department and told them and it got cleaned up. You do not need blight ordinance to enforce health and safety. Stench on property is health and safety and can be taken care of. Seriously look at Bristol’s where they use State Statutes. Ones that have written their own when go to court they end up losing and if we go by state statutes that is what is followed and most economic way to do it. You do not always have to spend a lot of money. Build upon State Statues and not try to take other towns have done; State Statues is exact.

Mayor stated concerns and comments; Brian brought up valid point relative to his comments as with Barbara and Don; and have been working together on procedures and practices and he is researching legal component to look at properties and getting legal research as to whether the town through health and safety can demolish buildings without permission of vacant owner and lay claim to collect damages on what it cost the town to take down. Other point to Keith’s comment, one thing looking at in terms of developing in near future is voluntary community service corps and reason looking at is CT Rural Development group when mentioned Rt/ 6 and 72 with overgrown grass and cutting and knowing owners and age on difficulty to take care of that bank which is a State requirement. Barbara McLellan mentioned amnesty and things not considered to be brought to transfer station. and is working on another amnesty period and being specific on what can and cannot be brought in; some blighted property, their equipment and material is simply no way to get to transfer station and/or cannot afford cost. Basically in concert on what needs to be done and has to be done but matter of time and personnel. He thanked each member of the public for presenting ideas and giving good thought.

Council Comments – DiAnna Schenkel: thanked everyone that came in and providing feedback. Fascinated with Fall Mountain group, ideas and how addressing blight and element important to success is this group of dedicated people volunteering time to get job done and element we do not have as much. People have lost that caring for each other as community even if we need to let them know something they do not want to hear. Concern is once notice comes, people shut down and think they are in trouble and through housing appeals or separate committee that can assist Clarence who provides data, review and create communication bridge with people….need follow up call that know received notice and is it because elderly, cannot afford, and let it be known we have organizations to help, we do know there are people who volunteer; also, for committee what would be good is to look into grant money, no matter amount. Some money can be given to help paint the house or for new trash receptacles. For gentleman in back who has gone through so much she is sorry for what he has gone through and this man should have come to officials for assistance. Maybe there are resources at a level not aware of and she is willing to do what she can. Councilwoman Schenkel complimented the Fall Mountain ordinance; since so successful from Fall Mountain, maybe this committee could be in zones and bring people from those areas to talk about what is going on in their community and help to deal with it.

Brian Bonds stated at Fall Mountain they do not get paid and have 11 people to do work and strongest board ever seen. Key is first notice which says if you do not like it, who to contact, but you have to be nice. First notice is a courtesy notice and not a violation notice and at least 50% said they needed that to get going and they cleaned up. Have told them if they need help to let them know and they will try to get them help. People will fix problem but need to treat them with respect.

Councilwoman Jandreau thanked everyone very much and their ordinance will help Council figure it out and thanked Clarence for his time. Thanked Keith for his thoughts. Don Souza stated one other thing on clarification of whether can use volunteer people under Clarence in town to help and some way to work it in they would appreciate it. Mayor Festa stated we need certified building inspector or assistant building inspector due to codes; someone can go out and refer back to building inspector but on site determinations is from certified person. Discussion held on creating lists and how they were done in past mostly from adjoining property owners or within neighborhoods. Idea of individuals within zones for blight watch may be considered. Barbara McLellan noted 4 people zoned on different streets that go out at end of month and then come to her, she goes out; you can have individuals in towns; and it does make it easier.

Councilwoman Denski, those that have blight can it be because we do not have bulk pickup and/or curbside pickup. Mayor Festa stated there will be discussions next week at Council on curbside pickup but bulk pickup is due to cost; if in trash business, the best part is to be in recyclables and/or metals. Trying to get rid of larger pieces is hard to do. Not giving up on idea of bulk pickup and amnesty and helping people get their stuff to the dump. Greystone trash pickup reviewed by use of one day pass. Clean up community and it costs the community a bit of money but helping neighbors and friends it is priceless in that regard. A little bit of money it cost to take something away is worth effort of helping residents who foot bill by payment of their taxes. Will look at at least one bulk pickup at some point during the year. Everything is going up because of price of fuel.

Councilwoman Schenkel asked Barbara on issue of wood and what type; Barbara McLellan stated old plywood, porches, sheetrock noting pressure treated cannot burn but if made list of people who want free wood that could be done; however, it was noted a lot of wood is junk and they cannot always determine type. Mayor relayed story for gentlemen on blight and fees processed at transfer station; man took pieces of wood to the transfer station, told fee was $100 and then told every truck load would be $100. Someone with a large truck, those 3 loads would become one and cost less. When he discovered that, he dug hole, put wood in and burned it which was violation, but can understand why it was done. The Town needs to assess way we have fees and fairness. Should we go by weight vs. quantity? Need to reeducate people on what can and cannot be done. Periodically need to put fees out there and sometimes it is state requirement to increase fees but people need to be aware.

Keith Golnick, 46 Orchard Street, not advocating but bet it would have been cheaper f or illegal burning fine vs. garage. Maybe in the future we can look at a dumpster to the community on a quarter or 6 month basis if for legitimate community service, and coordinate with neighbors for clean up and that area is allowed to dispose of things. Need to monitor what was going in such as something illegal or hazardous. Should look at establishing a fund.

Dave Bertnagel stated one comment that may come up more is critical piece of working with the community to get rid of junk and whether curbside or amnesty and/or redo fee structure, we need to change the way of operation at the transfer station. Argument about trash is people want to use the transfer station, and like to come to the transfer station and throw away what they want, and this not happening under the current circumstance because of fee increase. We need a facility with shack, scale and someone to find out what is in the vehicle and need to collect fee at transfer station; people do not what to come to town hall and pay fee for permit and then wait until weekend. It is inconvenient to utilize the transfer station. Need to look at fee structure, how we maintain and control, and feels it would balance out to pay staffing. If the town cannot get a good trash collection agreement we need to look at a way to do business at the transfer station and that means someone guarding the dumpster and this will cause education of the public.

Brian Bonds, Clarence said there are 30 people in blight now and that is not a lot of people and if the Town works with those you will get at least 20 to clean up and really only have 10 people to nail down to get the rest of it. The town needs to fight the battles it will fight and win the battles they will win and not waste money. As a town we need to be smart on the battles we pick. Mayor Festa stated he has the blight list fee and 38 properties are listed to a tune of fines $2,373,250 and recorded from 2000 to 2005 and 6 of those had date of last communication in 2000 for one, 2005 for 2, and 2006 for 2 others. One property has fine of $107,000 and another of $113,000 and $112,000. Looking at one at $89,000 which is well known and we will never collect it. Mr. Bonds stated that there is no judge that will give the town that type of money. Some of these properties have been abandoned, original owner dies, no record of heirs and issue is to take action and do notifications in newspapers that looking for individual x or y; and property will go for tax sale. Mayor Festa noted one property in particular, there was the attorney who took care of individual and bottom line and that attorney took property in lieu of payment but never recorded it. He passed on and heirs knew nothing and stuck with deceased client and difficulty in figuring out and settling.

Barbara McLellan stated there are things that can go to the transfer station but a lot of towns that do not have trash pickup, everyone pays $25 and get it for year. These towns do not let contractors use the transfer station because they do here. Small fee for everyone in town is not a huge deal and for our senior citizen, disabled and low income we can do something to alleviate that for them. On fine system, found out through lawyers is when we actually do fine someone it is flat fee and grows day by day but only by $3/day and the judge will accept that because it is not a big amount of money but in a years time it adds up and you can get your money as it is enforceable. The key is not to make money on fines but get property cleaned up.

Melanie Church, 328 Main Street, just said 38 properties and were those original ones on blight. Mayor Festa stated he cannot tell if original on blight but some were probably taken off and others need to be put on but this is as of May 2006; that was before blight was rescinded. It is not a valid list but used as follow up to Mr. Atkinson’s comment on how flawed system was. Mrs. Church stated the town needs a clause for retaliation in blight ordinance; does not want to be negative but was told on different occasions that this was the ones the mayor ordered to be done. If certain ones brought up it was not discussed and need way to stop discriminatory ways.

Councilwoman Schenkel commented on blight list of 30, known list and agree if handled properly what you have is a lot of free advertising of people saying, wow, they helped me and together will not be fearful of coming forward with problem for help. Other concern is once clean up is done we need to educate owners so that it does not reoccur. Old habits can die hard and could be back to same issues. Need to have maximum allowable fine for road side dumping. Need to stop that especially through Greystone Road area and thoroughfare between Waterbury, Wolcott; and our town crew is stuck picking up stuff. There needs to be severe penalty for dumping.

Mayor Festa asked Council what avenue of approach to take: Councilwoman Jandreau stated ad hoc committee is good idea to work, legal counsel, looking for Mayor and Town Attorney recommendation on what is relatively small committee to come up with draft based on recommendation and maybe can have second workshop; building inspector and Torrington Area Health District representative to participate in workshop; town attorney, Fall Mountain Association member; great concerns and recommendations and to keep simple, follow State Statutes. Smaller group and have workshop and endorse Mayor recommendation to bring forward and motion can then be made by Council. Councilwoman Schenkel stated she agrees, essential to ad hoc is for enforcement and should have housing appeals and bring in people to talk about finances, mechanism of collecting, need procedurally functioning ordinance; need to make practical and workable.

Council Comments – DiAnna Schenkel: thanked everyone that came in and providing feedback. Fascinated with Fall Mountain group, ideas and how addressing blight and element important to success is this group of dedicated people volunteering time to get job done and element we do not have as much. People have lost that caring for each other as community even if we need to let them know something they do not want to hear. Concern is once notice comes, people shut down and think they are in trouble and through housing appeals or separate committee that can assist Clarence who provides data, review and create communication bridge with people….need follow up call that know received notice and is it because elderly, cannot afford, and let it be known we have organizations to help, we do know there are people who volunteer; also, for committee what would be good is to look into grant money, no matter amount. Some money can be given to help paint the house or for new trash receptacles. For gentleman in back who has gone through so much she is sorry for what he has gone through and this man should have come to officials for assistance. Maybe there are resources at a level not aware of and she is willing to do what she can. Councilwoman Schenkel complimented the Fall Mountain ordinance; since so successful from Fall Mountain, maybe this committee could be in zones and bring people from those areas to talk about what is going on in their community and help to deal with it.

Brian Bonds stated at Fall Mountain they do not get paid and have 11 people to do work and strongest board ever seen. Key is first notice which says if you do not like it, who to contact, but you have to be nice. First notice is a courtesy notice and not a violation notice and at least 50% said they needed that to get going and they cleaned up. Have told them if they need help to let them know and they will try to get them help. People will fix problem but need to treat them with respect.

Councilwoman Jandreau thanked everyone very much and their ordinance will help Council figure it out and thanked Clarence for his time. Thanked Keith for his thoughts. Don Souza stated one other thing on clarification of whether can use volunteer people under Clarence in town to help and some way to work it in they would appreciate it. Mayor Festa stated we need certified building inspector or assistant building inspector due to codes; someone can go out and refer back to building inspector but on site determinations is from certified person. Discussion held on creating lists and how they were done in past mostly from adjoining property owners or within neighborhoods. Idea of individuals within zones for blight watch may be considered. Barbara McLellan noted 4 people zoned on different streets that go out at end of month and then come to her, she goes out; you can have individuals in towns; and it does make it easier.

Councilwoman Denski, those that have blight can it be because we do not have bulk pickup and/or curbside pickup. Mayor Festa stated there will be discussions next week at Council on curbside pickup but bulk pickup is due to cost; if in trash business, the best part is to be in recyclables and/or metals. Trying to get rid of larger pieces is hard to do. Not giving up on idea of bulk pickup and amnesty and helping people get their stuff to the dump. Greystone trash pickup reviewed by use of one day pass. Clean up community and it costs the community a bit of money but helping neighbors and friends it is priceless in that regard. A little bit of money it cost to take something away is worth effort of helping residents who foot bill by payment of their taxes. Will look at at least one bulk pickup at some point during the year. Everything is going up because of price of fuel.

Councilwoman Schenkel asked Barbara on issue of wood and what type; Barbara McLellan stated old plywood, porches, sheetrock noting pressure treated cannot burn but if made list of people who want free wood that could be done; however, it was noted a lot of wood is junk and they cannot always determine type. Mayor relayed story for gentlemen on blight and fees processed at transfer station; man took pieces of wood to the transfer station, told fee was $100 and then told every truck load would be $100. Someone with a large truck, those 3 loads would become one and cost less. When he discovered that, he dug hole, put wood in and burned it which was violation, but can understand why it was done. The Town needs to assess way we have fees and fairness. Should we go by weight vs. quantity? Need to reeducate people on what can and cannot be done. Periodically need to put fees out there and sometimes it is state requirement to increase fees but people need to be aware.

Keith Golnick, 46 Orchard Street, not advocating but bet it would have been cheaper f or illegal burning fine vs. garage. Maybe in the future we can look at a dumpster to the community on a quarter or 6 month basis if for legitimate community service, and coordinate with neighbors for clean up and that area is allowed to dispose of things. Need to monitor what was going in such as something illegal or hazardous. Should look at establishing a fund.

Dave Bertnagel stated one comment that may come up more is critical piece of working with the community to get rid of junk and whether curbside or amnesty and/or redo fee structure, we need to change the way of operation at the transfer station. Argument about trash is people want to use the transfer station, and like to come to the transfer station and throw away what they want, and this not happening under the current circumstance because of fee increase. We need a facility with shack, scale and someone to find out what is in the vehicle and need to collect fee at transfer station; people do not what to come to town hall and pay fee for permit and then wait until weekend. It is inconvenient to utilize the transfer station. Need to look at fee structure, how we maintain and control, and feels it would balance out to pay staffing. If the town cannot get a good trash collection agreement we need to look at a way to do business at the transfer station and that means someone guarding the dumpster and this will cause education of the public.

Brian Bonds, Clarence said there are 30 people in blight now and that is not a lot of people and if the Town works with those you will get at least 20 to clean up and really only have 10 people to nail down to get the rest of it. The town needs to fight the battles it will fight and win the battles they will win and not waste money. As a town we need to be smart on the battles we pick. Mayor Festa stated he has the blight list fee and 38 properties are listed to a tune of fines $2,373,250 and recorded from 2000 to 2005 and 6 of those had date of last communication in 2000 for one, 2005 for 2, and 2006 for 2 others. One property has fine of $107,000 and another of $113,000 and $112,000. Looking at one at $89,000 which is well known and we will never collect it. Mr. Bonds stated that there is no judge that will give the town that type of money. Some of these properties have been abandoned, original owner dies, no record of heirs and issue is to take action and do notifications in newspapers that looking for individual x or y; and property will go for tax sale. Mayor Festa noted one property in particular, there was the attorney who took care of individual and bottom line and that attorney took property in lieu of payment but never recorded it. He passed on and heirs knew nothing and stuck with deceased client and difficulty in figuring out and settling.

Barbara McLellan stated there are things that can go to the transfer station but a lot of towns that do not have trash pickup, everyone pays $25 and get it for year. These towns do not let contractors use the transfer station because they do here. Small fee for everyone in town is not a huge deal and for our senior citizen, disabled and low income we can do something to alleviate that for them. On fine system, found out through lawyers is when we actually do fine someone it is flat fee and grows day by day but only by $3/day and the judge will accept that because it is not a big amount of money but in a years time it adds up and you can get your money as it is enforceable. The key is not to make money on fines but get property cleaned up.

Melanie Church, 328 Main Street, just said 38 properties and were those original ones on blight. Mayor Festa stated he cannot tell if original on blight but some were probably taken off and others need to be put on but this is as of May 2006; that was before blight was rescinded. It is not a valid list but used as follow up to Mr. Atkinson’s comment on how flawed system was. Mrs. Church stated the town needs a clause for retaliation in blight ordinance; does not want to be negative but was told on different occasions that this was the ones the mayor ordered to be done. If certain ones brought up it was not discussed and need way to stop discriminatory ways.

Councilwoman Schenkel commented on blight list of 30, known list and agree if handled properly what you have is a lot of free advertising of people saying, wow, they helped me and together will not be fearful of coming forward with problem for help. Other concern is once clean up is done we need to educate owners so that it does not reoccur. Old habits can die hard and could be back to same issues. Need to have maximum allowable fine for road side dumping. Need to stop that especially through Greystone Road area and thoroughfare between Waterbury, Wolcott; and our town crew is stuck picking up stuff. There needs to be severe penalty for dumping.

Mayor Festa asked Council what avenue of approach to take: Councilwoman Jandreau stated ad hoc committee is good idea to work, legal counsel, looking for Mayor and Town Attorney recommendation on what is relatively small committee to come up with draft based on recommendation and maybe can have second workshop; building inspector and Torrington Area Health District representative to participate in workshop; town attorney, Fall Mountain Association member; great concerns and recommendations and to keep simple, follow State Statutes. Smaller group and have workshop and endorse Mayor recommendation to bring forward and motion can then be made by Council. Councilwoman Schenkel stated she agrees, essential to ad hoc is for enforcement and should have housing appeals and bring in people to talk about finances, mechanism of collecting, need procedurally functioning ordinance; need to make practical and workable.

Adjournment
MOTION: To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion: Mayor Festa thanked those from the public for coming and participating; next workshop will soon be posted to form ad hoc committee to do justice to this issue. Vote: unanimous.

Meeting adjourned at 8:40 p.m.

Respectfully submitted,
Robin Gudeczauskas, Recording Secretary