1. The Regular Meeting of the Plymouth Town Council was called to order on Tuesday, December 1, 2009 at 7:00 p.m. in the Plymouth Town Hall Community Room by Mayor Vincent Festa, Jr.  Members in attendance:  Councilman Martin Sandshaw, Councilwoman DiAnna Schenkel, Councilman David Sekorski, Councilman Tom Zagurski, Councilman John Wunsch and Mayor Festa.  Also present, Robin Gudeczauskas, Clerk of the Council; Tony Lorenzetti, Public Works Director.
2. Fire Exit Notification
3. Pledge of Allegiance
4. Acceptance of Minutes
   1. Regular Town Council Meeting Dated 10/6/09
      MOTION:  To accept the minutes from October 6, 2009 by Councilman Sekorski,
      second Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.
   2. Town Council Public Hearing Dated 10/20/09
      MOTION:  To accept the Minutes of 10/20/2009 by Councilwoman Schenkel;
      second Councilman Sekorski. Discussion:  none.  Vote:  unanimous.
   3. Special Town Council Meeting Dated 11/5/09
      MOTION:  To accept the Meeting Minutes of November 5, 2009 by Councilman
      Wunsch; second Councilman Zagurski.  Discussion:  none.  Vote: unanimous.
   4. Special Town Council Meeting Dated 11/16/09
      MOTION:  To accept the Minutes of November 16, 2009 as presented by
      Councilman Sandshaw; second Councilman Sekorski.  Discussion:  none. 
      Vote:  unanimous.
5. Council Rules and Procedures
   1. Councilman Sekorski, just a quick point of clarity, Mr. Mayor, page 2 on agenda, under Appointments and Resignations, we have under resignations Edward Clukey is mentioned twice, I think, did I read that correctly.  Mayor Festa: yes,  you did.  Under the section where it accepting the following resignations he is there as a resignation from Board of Directors as appointee on the Board of Directors; under the following appointments he is under there as an appointment to the Corps as a representative of the town.  Councilman Sekorski stated that is for the slot that the town provides.  Thank you.
6. Mayor’s Report
   1. Budget preparation for FY 10-11; we are under spending constraints; we continue (Director of Finance) to do that and the Director of Finance is here with us this evening.  I will tell you very quickly, we are very much concerned about the governors proposed special session relative to looking at reduction again as the state aid for the cities and towns and if that does become a reality we are in dire straits here in this community and asked David Bertnagel to speak to the implications of the financial end of it.  Dave Bertnagel basically what we are doing is that we have several scenarios proposed last year as part of the budget package, as you are well aware we had scenarios a thru d, that the BOF was made aware of beforehand not knowing as we went into the budget pretty much without the state giving us the formulas.  Basically at this point in time we are at level a, which would be about a $300,000 cut mid year to the Town of Plymouth.  At this time it appears it will not come from educational grant funding because it’s funded through the American Recovery and Investment Act so it will come from the towns sources of funding whether that be through the Mohegan Pequot grant or town aid roads, we don’t know yet.  It is all going to be up in the air depending upon where the legislature sees exactly where they are going to go.  But the worse case scenario right now is about $300,000 this year that is equivalent roughly to about .4 mills tax dollars. 
   2. Director of Finance/Mayor – scheduled meetings with boards and commissions as in past relative to budget preparation and doing again, not just departments but including boards and commissions as well.
   3. Auditor’s report to be presented to Town Council (Director of Finance) will be meeting with the auditors who will do presentation to the Board of Finance at the next meeting. Dave Bertnagel stated the audit report right now is currently under way to being finished up by the independent auditors.  Once they are done with it they will be coming back to give full report; usually they give a synopsis in December and come back in January with a full report in regards to all their findings, we meet with all Departments and recommendations in regard to improvements and other areas that way.  At that time we will set a joint meeting through the Council and Board of Finance to hear recommendations.
   4. Meeting with L. Wagner Associates regarding Small Cities Block Grants, $300,000 - Town Planner Khara Dodds and myself met with Al Wagner to sign off on the Small City Block grants to the tune of $300,000.  That  money will be coming in to the town.  We already have applications and a goodly number of applications of people looking to do rehabs to their homes and properties.  This is strictly for the residential rehab loans.  We did speak to Larry relative to the application procedures and are already starting to look at considerations for 2010-2011 which will begin some time in February this coming year.  Relative to the discussion we had with him I was also enlightened to find out that there is also the ability to look at commercial rehab for individuals interested in that and also to do rehabs such as public housing such as Gosinski Park and they’re considerably  much higher in terms of loan allowance for those particular types of projects.  So it is interesting to understand there are other loans out there other than just the housing for residential and we will be looking at some of those issues as we have had commercial come and ask us whether or not there is any process for them to make application as well.  The next item we discussed with Larry, and I‘ll ask David to come to the mic again as we have backdated financial issues that have been resolved.  We have a number of cd’s that have been located within the comptroller’s office and I will ask David to give you some background on this issue relative to what has happened in the good fortune that we have come across.  David Bertnagel – what we came across was in the past couple years we have had what they call restricting cash on the books or what they call cdbg grant funding which is a special revenue fund within our financials.  It is that part of the general fund that is a special fund set up for that specific purpose.  Basically what that fund did is it was set up at the time they were doing commercial rehabilitation projects for the town.  Basically requested money up to certain developers; they went to the bank and we collateralized the, what they call certificates of deposit.  We have since found out that the money for the most part based upon our understanding  has been clear.  So therefore it appears right now that there is approximately $188,000 that will be freed up as a result of this; however, we still have to go through some administrative hurtles to make sure that is all resolved and once occurs it is done.  We did come across these findings and it came about through the audit process this year.  Councilman Sekorski, when you say it frees up and it becomes available to the town for any use;  Dave Bertnagel, correct, and basically what is was, was restricted primarily for the purpose of cdbg because of the fact cdbg developed for block grants because is was designated for that program.  It could have been in 1980s and that is how far back it goes.  So what ends up happening is we have a break in continuity where there is a year we don’t receive a grant; for example, you get 86-87 and we don’t get the grant again until 89, there is a break in continuity because we didn’t get it in 88; so therefore the monies you received prior to that, as long as it was used originally for the intended purpose, which it was, that it becomes freed up for the town to use.
   5. Back Tax Collections/Tax Sales – process moving forward.  There will be a  tax sale that is moving forward as well and there are three additional properties that will be taken off the back tax roles and put up for auction through tax sales that has been coordinate through Linda’s office with Ted Scheidel.
   6. IRS/Social Security issues for 2006 reporting period (Director of Finance) – issue we have come across relative to notification by IRS that the town is being penalized 10% of a error in reporting the 2006 returns; we are under an order so far that we need to set aside $400,000 for this penalty because the town did not follow through on the requests from the IRS and Social Security to correct a mistake that was made in the filing procedures back in 2006.  The Director of Finance and myself have worked very diligently with the IRS and with Social Security.  We are in the process of moving that issue forward and hopefully will come out on the better side of this.  David will report the findings that you have had today dealing with the tax advocate.  David Bertnagel – for the most part what we have been doing is we had to research issue obviously because it goes back a couple of years and basically what we found out is there are two components.  One is the quarterly filings which we submit the payments to the IRS and federal government and then at the end of year when we file, the employees get the W2’s and the town files what they call the W3.  Well, obviously the W3 that year was sent electronically and was sent incorrectly, the file was sent incorrectly which basically underscored what the quarterly reports were by about $4 million.  So, therefore, the town at some point received some notices and never responded to those notices so they basically said that we are going to penalize you, which is the 10% penalty on that.  The difference was $4 million so ten percent of the $4 million is $400,000.  We are working with the tax advocate to correct that problem and hopefully the penalty will be waived or go away or reduced.  Councilwoman Schenkel (a) David, who exactly was responsible for the reporting and when the error was discovered, who was responsible for responding to the mailing.  David Bertnagel, for the most part we have done research into that and it comes to the comptroller’s office and basically at that point in time, it is hard to say whose hands were on it. (b) but ultimately it would be the person who is managing that office.  David, correct.  It would be the payroll clerk in whose job description does the W2 filings, however, we also have the profile and other things like that.  There is quite a few people whose hands are in this.  Mayor Festa stated a follow up on the issue.  One of the things we are pretty certain about is the fact that between IRS reporting and Social Security reporting there seems to be discrepancy, we have 195 W2’s reported to IRS; 139 reported to Social Security.  So somewhere in the mix is about 60 W2’s missing somewhere and that is one of the reasons we are out scrounging and looking everywhere we can to find those particular 60.  With that we have already made contact and we are moving forward and hopefully we  will get this resolved within the next couple of weeks.
   7. Bonding Proposal – Capital Improvements Comm/Municipal Facilities Committee; Town Meeting (Director of  Finance) – will continue their work and efforts.  We will be meeting with those groups again for the purpose of discussing the bonding proposal.  There will be a town meeting as well and we will coordinate that through the Director of Finance’s office so that everyone is on board and everyone has a goodly amount of time to understand what is going on and taking place with the proposal and all the public hearings on it.
   8. Landfill closure
   9. South Main Street Reconstruction
      *Fall Mountain Water Project (Public works Director) – I have Mr. Lorenzetti with me here this evening and I just want to let you know if you have not been up to the landfill closure area, please do so, get yourself up there as it is a wonderful site to see.  South Main Street reconstructing will be starting very soon and the Fall Mountain water project is coming to an end.  Tony Lorenzetti, here only if there are questions.  Councilman Sekorski (a) approximate start date on South Main Street.  Tony, we are hoping to get that out next year.  What is happening now is the State has begun the right of way phase and we are hoping to get done within next 6 months to a year.  (b) One more quick follow up and logistically will that result in that road closure completely, probably at some point like we experienced with Canal.  Tony, there will be detours and it will be open to local traffic.  Councilwoman Schenkel, one quick question, Fall Mountain project.  I remember that during one of the visits up to Fall Mountain, a resident Mr. White was concerned about one of the roads up there that was very narrow. Are there any plans to make that a one way or have you heard.  Tony, that would be Club Lane.  At this point, no, the road has always been very narrow and something to be talked about.  Mayor Festa, ask Tony to take back to the highway department/crew our thanks and appreciation for the wonderful job they have done with Fall Mountain as it is always amazing to see the transformation of that particular community with the curbing and the roads and the responses we have been getting and the positive side from people there.  Tony, I sure will.  Thank you.
      *Waterwheel Park – moving forward. I had a call this afternoon and there are reports coming in relative to the monitoring of the wells and the server that been done over past couple of weeks and hopefully there will be a meeting within the next couple of days with BL Company and they will be moving forward and if the response is positive from the State relative to the wells that are in the ground then we will begin removing the slabs and start phase 1 of the actual park redevelopment.
      *Re-bid procedures on Main Street School – we have had several calls on Main Street School indicating that people have come and want to take another look at the run through but in that particular procedure we have to go forward to do a rebidding process on Main Street School.  We just cannot take anyone’s application at this point in time, anyone’s bid proposal since the deadline has past. There is an interest of 3 parties that we know of on that school site.
      *Human Services (Community Services) Director Position; Interviews completed; Candidate selected; recognize work efforts of Patricia Hale re: Human Services Department operations – had wonderful interview committee who sat through a number of meetings/interviewed a number of candidates and have selected a candidate.  The individual will be on board within the next week and half and understand through the committee members they are very pleased and excited about the individual coming forward and hopefully we will get that moving forward in a much quicker speed than we have been up to at this point in time.  In regards to that situation I would like to just take a moment to recognize the work and efforts and ethics that Patricia Hale, Mayor’s secretary upstairs.  She has taken on the responsibility of taking over the office proceedings of the human services department.  She has handled it beautifully.  We have had a tremendous amount of people coming forward.  We have had at least this week alone on a daily basis at least 4 people coming in with requests for fuel assistance, food and clothing. The issues at hand are very very broad.  As of today, BCO,  which is our counterpart in Bristol, handles the fuel assistance program to which we are a part of through the State, has indicated the next application date that they can schedule anybody for is March 1st .  So anyone coming between now and March 1st  is up against it if they have no fuel or they are going to be terminated; so we have been working on that. This afternoon from 1 – 4:30, Trish and I both had candidates in discussing those issues.  If you take a look upstairs there is also a number of presents that are being donated throughout the services and good tidings of the people in this community whether it be church organizations or civic organizations, all are taking responsibility in the outpouring of gifts for community service people who do not have the welfare or wherewithal to go out and provide for the family, has bee overwhelming and the response has been tremendous.  We really appreciate the efforts of the services in town, whether it be church organizations, civic organizations and individuals of the community in trying to make someone’s holiday a little better than what they would have otherwise.  So I give great approval to Trish’s work and on behalf of the people that she has serviced in this community I applaud her.

7. Public Comments on Non-Agenda Items
1. Keith Golnik, 46 Orchard Street, wanted to make an announcement on behalf of the Plymouth Historical Society that this Sunday at 1 pm we will be holding our annual holiday open house. Also wanted to speak about coming up in the next couple of years  will be the 20th anniversary of the Gulf War and I think it would be appropriate and I would request that you look into forming a committee to look into finding out about establishing another monument at the Veteran’s Memorial and a plaque to recognize those members of our community who served during the war.  It would also be a good opportunity to start tracking and documenting people in our community who have gone and served in Afghanistan and Iraq so that in the future we can also memorialize those.  Also, around the base of the monument there is like a blue slate type of stone that is laid down that is kind of deteriorating and I think would be a good idea to look into being able to have bricks made up that veterans that may not have served during war times period, who may have served during peace or other operations where they or their family members would be able to purchase a memorial brick and place it in  that area.  Mayor  Festa, you may also add to your list that we don’t  forget the Vietnam era as well. 
2. Melanie Church, 328 Main Street, I don’t know if you are aware or human services is aware.  There is an emergency fuel bank that if people are out of oil or out of heat there is a fund that they will come out.  I believe it is if you notify, I know in Bristol it is if you notify the police department and the police department gets in touch with someone from BCO, but they will be able to get them a tank of oil and that is only on an emergency basis that they are out of oil and you can get a fill up.  I am sure somewhere in this town there must be a place they can call and get that information.  I had learned about it at another meeting, another organization that I belong to and there is money in there for the emergency of if somebody is out of oil. They will come out even at night; it is under emergency fuel bank and that is something worth checking into. Question, on something that you have already spoken on but haven’t spoken on so I am just going to  mention it because I don’t think it is anywhere, I don’t see it on the agenda but also this waterwheel, this $300,000 grant for waterwheel or to go on to phase 1.  Is that coming out of taxpayer’s money or is that completely grant money, which is it, and right now where we may be short $300,000 I think we need to stop our spending in order to meet that instead of, because from what I understood was legislation passed a bill this fall that if we go in deficit they can send out, the town can send out supplemental bill and I think with the way that people are in dire straits today that instead of doing that we many have to look at curbing spending until we know exactly where the cuts are coming from the state instead of just spending money and afterwards worrying and then saying we are short money because we may have to take it out of these placed.  And you know it is a need or a want and I think right now at this point it is a need for people to meet their taxes.  Another thing I would ask can you maybe put publicly up somewhere a list of tax sales as that is public information and there may be a local person that is looking for a piece of property and one of these tax sales would be available to them.  Thank you.  Mayor Festa, you are welcome.  For clarification purposes, the notification on some of the properties already have been posted that comes through the tax collectors office but I will double check and make sure there is a notice somewhere else as well.  Secondly, relative to the fuel bank.  We run the fuel bank here in town hall and BCO has no money available to give anybody on an emergency need basis and they will not take any application until March1st and they said initially we have been involved with BCO since late October in this regard and the only other thing we can do relative to fuel bank is give no more than $200 for individuals in need.  So we are taking care of that but that is coming out of this particular town hall and not through BCO.  The third question you raised relative to the waterwheel, the waterwheel grant is very specific in how that money is spent.  The project itself is quite a lengthy project in terms of the operations and procedures, what’s to be followed.  The Historic Properties Commission is moving forward with whatever money is available.  There is a $350,000 grant that was approved, reestablish through the auspices of the Mayor’s office.  We have an extension on that grant as well plus another $150,000 through the Streetscape so there is a total of $500,000 of state money earmarked for that particular project and that project alone.  There will be no money taken out of the town’s coffers relative to a line here.  Melanie Church, 328 Main Street, I believe the what I heard on the news was the historical monies for the historical and preservation, Governor Rell has already cut that I believe so you want to make sure the money is still there.  Mayor Festa, stated the money that has been committed is there, it is new monies they are referring to.  Thank you.
8. Appointment and Resignations
1.  To accept the Resignation of John Wunsch From School Building Committee
   MOTION:  To accept with great regret by Councilwoman Schenkel; second
   Councilman Sekorski because we have to.  Discussion:  none.  Vote: unanimous.

2. To accept the Resignation of Martin Sandshaw from Zoning Board of Appeals, Board of Fire Commissioners, Economic Development, Municipal Facilities
   MOTION:  To accept with great regret by Councilwoman Schenkel; second Councilman Zagurski.  Discussion:  None.  Vote: unanimous.

3. To accept the Resignation of Edward Clukey from the Plymouth Volunteer Ambulance Corps Board of Directors
   MOTION:  To accept the resignation of Edward Clukey from the Plymouth Volunteer Ambulance Corps Board of Directors by Councilman Sekorski; second Councilman Zagurski.  Discussion:  none.   Vote unanimous.

4. To accept the Resignation of Thomas Zagurski from the Board of Fire Commissioners
   MOTION:  To accept the resignation of Thomas Zagurski from the Board of Fire
   Commissioners, by Councilman Sekorski; second Councilman Wunsch. Discussion: 
   none.  Vote:  unanimous.

5. To re-appoint Nancy Santorso to the Parks/Recreation Commission; Term to expire 11/5/2012
   MOTION:  To re-appoint Nancy Santorso to the Parks/Recreation Commission; Term to expire 11/5/2012 by Councilman Zagurski; second Councilwoman Schenkel. 
   Discussion:  none.  Vote:  unanimous.

6. To reappoint Gerald Wunsch to the Board of Fire Commissioners; Terms to Expire 11/4/2012
   MOTION:  To reappoint Gerald Wunsch to the Board of Fire Commissioners; Terms to Expire 11/4/2012 by Councilman Zagurski; second Councilman Sandshaw.  Discussion:  none.  Vote:  unanimous.

7. To reappoint David Boilard to the Board of Fire Commissioners; Term to expire 11/4/2012
   MOTION:  To reappoint David Boilard to the Board of Fire Commissioners; Term
   to expire 11/4/2012 by Councilman Sandshaw; second Councilwoman Schenkel. 
   Discussion:  none.  Vote:  Unanimous.

8. To reappoint to the Following Cemetery Committees:
   *Hillside Cemetery:  Wayne Norton, 7/1/2012; Francis Langer, 7/1/2012
     MOTION:  To reappoint to the Following Cemetery Committees: 
   *Hillside Cemetery:  Wayne Norton, 7/1/2012; Francis Langer, 7/1/2012 by Councilman
     Sandshaw; second Councilwoman Schenkel.  Discussion:  none.  Vote: unanimous.
   *West Cemetery: Coe Cleveland, 6/30/2011; Michael Conway, 6/30/2012
     MOTION:  To reappoint Cemetery Committee
   *West Cemetery: Coe Cleveland,
     6/30/2011; Michael Conway, 6/30/2012 by Councilman Sandshaw;  second
     Councilman Sekorski.  Discussion:  none.  Vote: unanimous.
   *St. Michael: Robert D. Lyga, 6/30/2012
     MOTION:  To reappoint Cemetery Committee *St. Michael:  Robert D. Lyga,
     6/30/2012 by Councilman Sandshaw; second Councilman Zagurski.  Discussion: 
     none.  Vote:  unanimous.
   *St. Mary/St. John: Beverly Hoadley, 6/30/2012
     MOTION:  To reappoint Cemetery Committee *St. Mary/St. John: Beverly Hoadley,
     6/30/2012 by Councilwoman Schenkel; second Councilman Wunsch.  Discussion: 
     none.  Vote: unanimous.

9. To appoint Bruce A. LeBeau to Housing Board of Appeals; term to expire 9/12/2012 MOTION:  To appoint Bruce A. LeBeau to Housing Board of Appeals; term to expire 9/12/2012 by Councilman Zagurski, second Councilwoman Schenkel. Discussion:  Councilwoman Schenkel stated Bruce recently served on blight and will be very good in this role. Vote: unanimous.

10. To appoint Edward Clukey to Plymouth Volunteer Ambulance Corps Board of Directors, Town Representative
    MOTION:  To appoint Edward Clukey to Plymouth Volunteer Ambulance Corps Board of Directors, Town Representative by Councilman Zagurski; second Councilman Sekorski.  Discussion:  none.  Vote:  Unanimous.

11. To appoint Zachery Morin to Zoning Board of Appeals as a Regular Member, term to expire 2/19/2012
    MOTION:  To appoint Zachery Morin to Zoning Board of Appeals as a Regular Member, term to expire 2/19/2012 by Councilman Sandshaw; second Councilman
    Zagurski.  Discussion:  none.  Vote:  unanimous.

9. Refund The Following Property Taxes:  Ari Fleet,Lt., $140.87; Scott Wheeler, $51
   MOTION:  To refund property taxes to Ari Fleet,Lt., $140.87; Scott Wheeler, $51
   By Councilman Wunsch; second Councilwoman Schenkel.  Discussion:  none.  Vote:   unanimous.

10. To Discuss and Take Action, As Necessary, Ordinances Presented By Board of Fire Commissioners – In your packet for this evenings meeting you had several pieces of correspondence from the Fire Commissioners brought forth from their meeting relative to ordinances that are being proposed. The issue tonight is to open discussion.  I do have members of the Fire Marshal’s office here this evening to discuss anything you may have with them relative to the proposed ordinances.  Once that has taken place if there are any recommendations, or any concerns or questions that are raised, the town attorney is looking at this from a legal perspective.  He will take any actions or recommendations that you people make as well.  Once he is through with it it will be presented back to the Fire Commissioners for the purpose of them looking over any changes that may have taken place, they will vote it again and present it back to this Town Council, which will then take action to move it forward to a town meeting for a vote on the issue.  I will then open it up to Town Council at this time unless you gentlemen want to make a presentation beforehand, before discussion.  Councilman Wunsch – I would like to just make a comment.  Knock boxes, for anybody who doesn’t know, are little boxes that go on the exterior of the outside building that has a key for entry.  So if the fire department, police, get called to a building, the fire department is the only one that has a key.  I believe right now that the Deputy Chief is the only one in town that can order them.   So instead of having to break a window or do any damage to the occupancy they have a key in the truck or the fire chief has a key, they get in and gain access.  I think, Kevin, they are $200 - $300 range [Kevin, $250] so you know they are not an extravagant cost but that cost is related to what they’ve got to destroy to get in the building afterwards so I honestly don’t see that there should be any real issues with this.  Councilwoman Schenkel, I have a question.  What prevents someone from damaging the box and getting the key. I do not know anything about knock boxes.  Kevin Engle, Acting Fire Marshal for the town, they cannot destroy these boxes and I some have literature for you to take a look at.  They are mounted to the side of the building and you can take a sledge hammer to these and not destroy.  Councilman Wunsch, do you know how many, roughly, now because I know that there are many in town already. Kevin Engle, probably about half a dozen in town at this point which are, have been there for probably the past 10-15 years and again, we have not had any problems with these knock boxes that are currently installed.  Councilwoman Schenkel, that makes sense then that these are very secure.  Thank you.  Councilman Zagurski, how many, I am sure these are used commonly throughout many different towns so it makes common sense to do it and I like the idea.  Will the police also have access to it. Kevin Engle, if anybody needs to gain access to the building they have to contact the fire department.  The fire department is the only one that will have the key to gain access and simply because we are called to so many different types of emergencies that it makes sense to have it in one spot.  Councilman Sandshaw, knock boxes or key boxes are great and they prevent the fire department from having to damage a door or a window if something happens.  But I think, I feel it should be the owner of that businesses or decision whether he wants to put in a knock box or not and do nothing think the town should say that because you have a business in town you have to do it.  Kevin Engle, we kind of use the analogy of when we started putting in smoke detectors.  We mandated that they had to go in to save peoples lives.  Well now we are mandating that the knock boxes go in to save the property and lives.  These aren’t just, you have to understand these boxes just aren’t for fire emergency and if somebody is in the building and goes down, you treat it like a family with an alarm system, we can gain access for the ambulance corp. or the police department.  They serve many purposes to gain access to the building. We do damage to a building, if they’ve got a plate glass window that the fire department knocks out and it is anywhere $500-$1000 that that building owner has to repair compared to $250 box mounted on the building and the cost difference is; it is going to be greater for us to do damage to the building in the aspect of trying to gain entry compared to the box. Councilman Sandshaw, I agree totally but I still believe it should be owner’s decision whether he wants to install it or not.  Mayor Festa, any other comments, questions, concerns.  If not we will move to the next item on the agenda.  Councilman Wunsch, aren’t there three things for the Fire Marshal.  Mayor, the question is whether you have any questions on them. Gentleman, would you mention the other two.  Kevin Engle, the other town ordinance would be the identification of landlords.  The issue we are having is trying to identity landlords who own apartment buildings and businesses that they live out of town. The town ordinance would make them register in the tax office with the tax personnel there to register their home address whether it be a lien holder or whoever of the property with the town. It is very hard and very time consuming for our office to try to track these people down as the Mayor can attest to. It is very time consuming and costly on the town side.  So we are hoping that this curbs the cost of us trying to track the people down.  The other issue we have is a policy that comes from our office that we really cannot enact a policy until it is voted on because there is a cost to the policy, an immediate hazard abatement restriction use of any building in town.  This also includes single family, two family, residential, public, manufacturing and commercial.  If we receive a complaint from anybody or receive a, the fire department or police department or is on scene and we meet public with means that is blocked, we would have the right to now abate that hazard and if they cannot abate that hazard within 4 hours we would have the right to remove that party from that premises until it is vacated.  The problem is that there is a cost to relocate the party.  At this point it is not different than if there was an emergency, or a c.o. problem or a fire hazard but it does have to clear through the Town Council regarding it has to.  It is a policy through our office also a state statue and we can’t follow that state statute unless you guys give us the authority to act.  Councilman Zagurski, I have a couple questions.  (a) On the one for the tax collector, or the tax assessor.  I guess when I read it I got confused between tax office.  Now the tax office to me I normally think of tax collector rather than tax assessor and you need to clear that up a little bit for people so they know which office.  Kevin Engle, you’ve got to go through the tax collector’s office.  There is a $25 fee that is associated with registering this property for the initial registration.  (b) Is that form already in existence or is that a new.  It looks very thorough, very nice.  Kevin Engle, this is a form that we developed for the town ordinance.  Vic, Deputy Fire Marshal, I wrote this and this was adopted or brought forth by the state in 2004 and our office has not enacted or adopted it and that is why we wrote the ordinance request.  This is my wording and will change the office.  (c) I was thinking a lot of towns probably use tax office rather than adding to separate offices but like what I said, when I read it I kept thinking tax collector and then I’d go back and see tax assessor. Mayor Festa, other questions or comments.  Councilman Sandshaw, (a) after reading over both items, 2 and 3, they are worded identically to the state statues and our town fire marshal’s office works under the guidance of the state statute so I am just wondering why if we already have authority in place to do these two items why we have to take a town ordinance to do something that is already in place.  It just seems like it is redundant and I know probably the answer is going to be that these will never be changed but never is a long time.  Why should the town incur the expense of changing this ordinance if the state decides to change their general statute.  If these ordinances were more restrictive than the state statutes, I would say yes by all means; but they are not any more restrictive than what the state has on its books right now. Kevin Engle, we are going on guidance of the state’s attorney’s office.  The state’s attorney’s office recommended that we have these even though they are a state statute she recommends that we enact as a town ordinance and it covers ourselves from the liability issue and when we try to enforce that through the courts and she likes to see it in the town ordinance as well. (b) Correct me if I am wrong, you take your marching orders from the state fire marshal’s office, correct. Kevin Engle, that is correct but I also have to work under the authority of the state attorney’s office.  Mayor Festa, any other questions, concern, comments.  Thank you.
11. To Discuss Proposed ATV Ordinance; Set Date For Final Review and Action
    Mayor Festa, in your packet I gave you a proposed revision which has all the legal changes in it so on and so forth.  I would ask that you take a look at this very seriously.  I am going to schedule this for the next meeting.  If there is any questions you have tonight by all means bring them forward.  We will be setting a date for the final review and action which will have the ATV committee assembled at that meeting for the purpose of giving us their proposed revision which is their final copy and then from that moving it forward to public hearing after our review for action.  Councilman Sekorski, logistical question, did this, after the legal review of this, did this go back to the ad hoc committee and did they make the changes.  Mayor Festa, the ad hoc with the attorney went through the changes.  The final draft was revised and reprinted with all the changes on it on 11/12/2009.  So this is why I am putting it in the packet.  Keith Golnik, point of order, Mr. Mayor, I serve on ATV ad hoc committee and we never met after the attorney made those changes.  Mayor Festa, could you let me finish please.  Thank you.  You will see the date 11/12/2009 that is when this was printed up with all the revisions in it.  It is in your packet tonight for your review.  Look it over and consider what is in here this evening.  At the next Council meeting there will be a presentation by the ad hoc committee through its’ Chair which will then have an opportunity for the new members of this Council to discuss anything that they may have to be presented because they were not part of the procedures when this took place.  At that point in time we will then take action on the final report itself.  Councilman Sekorski, it would similar then to the Blight Committee that we have to accept the final report or ask for revisions of the report again. Mayor Festa, in all fairness to the new members on the Council here, the reason for this packet tonight is for them to be able to review it and then have questions at the next meeting where we will have the ATV committee in attendance and then taking it a step further.  So Keith, does that answer your question in terms of procedure.  Keith Golnik, no, it doesn’t.  Mayor Festa, you raised a concern.  What was the issue.  It didn’t go back to the ATV committee.  Keith Golnik, yes. Mayor Festa, well this has not gone back because it was just printed up in revision form with the date I have given with all the changes that were presented to the legal counsel.  So now it will go back to your Chairman and those disseminated to the committee members there will be another meeting prior to this Town Council reassembling.  They will take action at that point in time based on the presentation by the committee.  Keith Golnik, thank you Mr. Mayor, I appreciate it.  Mayor Festa, you are welcome.

12. To Discuss and Take Action To Accept Country Garden Court As a Town Road – I passed out agreement with regard to the Town being satisfied, Agreement between the Town of Plymouth and Vail Contractors LLC reviewed.  Motion will be to approve conditionally upon receipt of final review and approval by the town attorney. Mr. Lorenzetti is here and a copy of the letter in your packet.  Tony Lorenzetti read his letter to Mayor Festa dated December 1, 2009 into record. The maintenance bond procedure is part of planning and zoning procedures.  Mayor Festa, question of Tony.  Relative to bond issue, is there enough there in case the bond has to be called. Tony, yes.  Councilman Sekorski, (a) so the bond would be returned to the company once all the terms of agreement are met. I know it is a crossover as we don’t normally approve a road until recommended to be accepted. Tony Lorenzetti, there are minor things to be done and this time of year they cannot be done and because of that, agreement that work will be done by June of next year. Normally when a road is accepted, there is a 2 year procedural maintenance bond held for from acceptance.  (b) Primary benefit, are their residents on this road.  Tony Lorenzetti, two families.  (c) They would not benefit from snowplowing if we do not approve road. Tony Lorenzetti, the developer had been taking care of that.  Councilman Sandshaw, if we accept this then the town will be responsible to remove snow. Tony Lorenzetti, yes, as of when agreement is formally signed.  Mayor Festa, thank you Tony.
    MOTION:  That we accept as a town road for Country Garden Court provided that the conditions are met as in the Agreement presented to Council this evening by Councilman Sekorski; second Councilwoman Schenkel. Discussion;  none.  Vote  unanimous.

13. To Take Action To Request The Board of Finance Appropriate $228,000.00 (Board of Education Energy Rebate Money) To The School Building Committee For Sidewalk/Track Projects -
    MOTION:  For discussion purposes by Councilwoman Schenkel; second Councilman Zagurski and the vote unanimous.
    Bill Allread, Makara Street, School Building Committee, asked that this money be directed toward the payment of the sidewalk that are now installed on Harwinton Avenue rather than come to the committee.  Mayor Festa, you can make that request and think we have to go before the Board of Finance and get their approval on that. You are asking Council to make that amendment.
    MOTION:  To discuss the Request that the Board of Finance Appropriate $228,000 (Board of Education Energy Rebate Money) to the contractor by Councilwoman Schenkel; second Councilman Zagurski.  Discussion: Councilman Zagurski, why are you willing to do that.  Bill Allread, if you put money back in our budget the state will take it out.  Melanie Church, 328 Main Street, doesn’t this have to go to a town meeting because over the $50,000 for this appropriation.  Any appropriation is supposed to go to the town to appropriate any amount of money over 50 and to me this is over 50.  Mayor Festa, defer to the chair of the Board of Finance.  Ralph Zovich, Chairman Board of Finance, I was not prepared to speak since you all know how much I love to hear sound, what happened here, for the benefit of new members of Council.  It is true that $47 million bond authorization passed at referendum gives amount of taxpayer contribution of school project. To make a long story short there was a discussion and at some point very vigorous that went on between people about sidewalks. The original design had sidewalks along east side and Mr. Allread can fill in on technicalities.  We are within $228,000 of spending our total 47 million dollar appropriation. We cannot go over; however, Mrs. Church is correct that under the new Charter, any supplements over $50,000 has it still has to come to the Board of finance and all members are well aware of this.  The reason that the money is being requested for the sidewalk, the $228,000 was reserved into a capital fund by the BOF when we got the reimbursement from CL&P.  We do not have authority to take money out of reserve and allocate to School Building Committee.  If you approve this request and it comes to the BOF, the BOF choice is to confirm or approve recommendation which will send it to a town meeting at 51% simple majority or if the BOF rejects this request it still goes to a town meeting and request 2/3 majority to pass. Members of the School Building Committee have been very patient as Councilman Wunsch knows.  We had gone to them in May when the Comptroller pointed out the budget was in danger of going over and we would not support deficit spending; and after a full accounting we have enough money to finish all the track, and what was left over, landscaping, sidewalk issue and a piece of paving done in front intersection, all loose ends, have the School Building Committee within 47million except additional which was money reimbursed to the BOE and their money and not appropriated to spend this money on something else. The board realizes that it does need a town meeting and if you would like more of technical details, Mr. Bertnagel or Mr. Lorenzetti can fill you in. If you approve this we will have it on the BOF agenda.  Councilman Wunsch (a) missed the last few meetings.  We take this money and however ends in fund, is there enough to do track.  Dave Bertnagel, yes, with $228,000 that would complete everything required.  (b) Question, the town I believe not that we want to, can spend over $48 million.  Dave Bertnagel, authorization for bonding resolution is $47 million and appropriation for project and anything exceed would go to a town meeting.  (c) We can spend if we need to.  Dave Bertnagel, in some instances netted against project and not appropriate practice to do that. You have to show revenue.  We had two sources, that $228,000; we did reserve into capital nonrecurring for one time and before you tonight for this specific purpose. As chairman said for this project. This would complete the entire project.  Councilman Sekorski, point of clarification concerning Mr. Allread’s comment, very confused and would this, and I am sure we will get back, this means this is an additional $228,000 on top of the bond appropriation, correct, or supplement to $47 million. We still have money in account. Dave Bertnagel, the $47 million will be fully expended doing the track about 2/3 way and would need $228,000.  It was the intention of School Building to use $228,000 for sidewalk as special appropriation; essential making appropriation to sidewalk for $228,000.  Councilman Zagurski, you have confirmed that the BOE is in agreement with doing this.  Dave Bertnagel, BOE consultant.  They want project complete and at all meetings. Councilman Sandshaw, correct in understanding if we make this appropriation we will have sidewalk and track.  Dave Bertnagel, correct.  Bill Allread, one correction to Ralph’s comment is in the original plan the sidewalks were not in plans and the sidewalks were mandated after plans made as well as a number of other items. The actual money was general fund money and this is rebate because we used CL&P with efficiency programs that give us money back and we would like to have that money from general fund pay for sidewalks so that it bypassed $47 million.  We don’t’ see it, we don’t get it.  Way prefer to have it so it doesn’t show in budget.  Noel Schenkel, 4 East Orchard Street, my question is, the project is done now so if we go to referendum and it gets voted down we still have to pay $228,000; correct.   Dave Bertnagel, basically in this point in junction if this appropriation fails therefore have to make decision would track contract be awarded, if denied would have potential surplus of $400-500,000 in account.  Mayor Festa, other discussion or comments.  Melanie Church, I am a little bit confused, if this thing did fail you are saying $400-500,000 and could that, if fails, be used to paint the schools and other stuff that was supposed to be done that couldn’t be done because we didn’t have money like Eli Terry Jr Middle School. Thought it was in until you moved the kitchen.  Bill Allread, the problem is we have come to end of project and by mandate we have to build sidewalk; we would prefer to build track because we get rebate from state for money spent on track. We have mandate that says we have to build sidewalk. At this present time the sidewalks are built and if the moneys not appropriated by the town than we will take the money from our budget and pay for sidewalk; if money appropriated by town than the town will take money and apply to sidewalk and we will build the track.  Once we build the track we will get money back from the state which washes whole thing out and we are ahead.  Mayor Festa, any other comments.
    MOTION:  To end our discussion by Councilwoman Schenkel; second Councilman Sekorski.  Discussion:  none.  Vote: unanimous.
    MOTION:  To recommend to send to the Board of Finance the recommendation to appropriate $228,000 energy rebate with recommendation that it is paid directly to the contractor of the sidewalks by Councilwoman Schenkel; second Councilman Zagurski.  Discussion:  none.  Vote: unanimous.

14. Liaison Reports – no reports – Mayor Festa stated the Council tonight was presented a chart with assignments and ask that you look it over.  Some had sent in requests for consideration and have honored those.  Please take a look. Tentative dates and month date listed and hopefully boards and commissions will keep same dates. There will be revised edition coming out relative to requirements under law on date. If any concerns or questions, call the office and if do not hear by end of year, you will have accepted assignments.
15. Public Comments
16. Council Comments
    1. Councilwoman Schenkel, thank you to all the people who we had accepted their resignation for hard work done and reason why made motion with regret is they were truly dedicated individuals and know whoever comes on and takes place will do great job as well. Welcome new people appointed to these positions.
17. Adjournment
    MOTION:  To adjourn by Councilwoman Schenkel; second Councilman Zagurski and the vote unanimous.
          
    Meeting adjourned at 8:10 p.m.

1. The Special Meeting of the Plymouth Town Council was called to order on Monday, November 16, 2009 at 7:00 p.m. in the Plymouth Town Hall Community Room by Mayor Vincent Festa, Jr.  Members in attendance:  Councilman Martin Sandshaw, Councilwoman DiAnna Schenkel, Councilman David Sekorski, Councilman Tom Zagurski, Councilman John Wunsch and Mayor Festa.  Also present, Robin Gudeczauskas, Clerk of the Council.  Sal Vitrano, Town Attorney.
2. Fire Exit Notification
3. Pledge of Allegiance
4. Public Comment s on Non-Agenda Items
5. Mayor’s Report

1. Reappointment of Attorney Sal Vitrano As Town Attorney – Mayor Festa stated he has reappointed Sal Vitrano as Town Attorney.
2. Liaison Assignments; Submit Requests By 11/24/09 To Mayor’s Office – Mayor Festa requested each Council person submit to his office by November 24th  a list of particular boards/commissions interested in serving as liaison to.  Some people have asked whether or not they can put down a particular board or commission.  If you have served on a board/commission it would be benefit to put that down because your knowledge and great expertise and experience in serving on that board as a former commissioner so please do.
3. Copies Of Charter At Town Clerk’s Office – those who have not picked up please do so.  The Town Clerk has been passing them out; Barbara Rockwell stated they are all done.  Thank you.
6. To Approve By Resolution, As Stated In Chapter III, Section 3, Of The Town Charter, The Following Items:
1. To set time and date of regular Council meetings; to set forth a method for Call of special meetings – in packet presented and also on table tonight is particular list of boards/commissions that have a coding:  e mean elected position; m is for mayor, c is for council; m/c is mayor and council appointment.  You will also notice there is another one where I have Director of Public Health and that is the director’s position appointed by the mayor. The Board of Public Health is made up of individuals and through Charter the Town Council people have a right to expand or reject membership, etc.  Some have very clear language relative to the Charter in terms of not so much the appointing authority but the operations, inner operations of a particular commission itself.  Please look that over in your Charter.  The other issue relative to the boards and commissions as said is once we have the list of liaison commissions that you would like to serve on, by all means we will settle that and send out a copy of the particular schedule and I will coincide with the Town Clerk to make sure we have updated as best we can for 2009/2010.  The next item on the Agenda relative to the material I presented before you, by virtue of the Charter it is up to this Council to decide what particular night to hold meetings on. I have given you a list of the dates for 2010 which are Tuesday’s; but does not have to be Tuesday; however, we need to decide on a particular day to make sure we do not have any difficultly in terms of trying to set up an appointment for a particular meeting on a night that is taken over the facilities by other boards/commissions.  Without further discussion I will open it up for suggestions or ideas or motions for setting a particular date for regular Council meetings and then for a call for a special meeting. 
   MOTION:  To accept the dates as presented simply for the fact that they have worked well in the past with the boards and commissions, the public has been in the habit of coming on the first Tuesday of the month and is aware that this is usually the time when we meet and I am open to suggestions but that is my motion at this time, by Councilwoman Schenkel; second Councilman Sandshaw.  Discussion:  Councilman Sekorski a point in clarification, will it be the same time as well, 7 p.m.
   AMENDMENT TO MOTION:  That meetings will be at 7 p.m. on the dates recommended as presented by the Mayor and in the Community Room as meeting place, by Councilwoman Schenkel; second Councilman Sandshaw.  Discussion:  none. 
   Vote on Amendment:  unanimous.
   Vote on Motion:  unanimous.

2. To determine Council Rules and Procedures – Next item would be to set a method of the call of a special meeting under the list that he has under Rules and Procedures for Plymouth Town Council and something that you must decide as well this evening.  This will give you the format for special meetings if you so desire to present this as your Council Rules and Procedures guide.  Open for discussion.  Councilwoman Schenkel stated so long as the meeting follows FOI guidelines it is fine the way it is.  Councilman Sekorski, technical question Mr. Mayor, if we just make a motion to approve the Rules and Procedures as presented that would include the special meeting call and that fulfill that requirement, right.  Mayor Festa responded correct.
   MOTION: To accept the Town Council Rules and Procedures as documented and  
   presented to the Council this evening to adopt, by Councilman Sekorski, second Councilman Wunsch. Discussion:  none.  Vote: unanimous.

7. To Appoint A Clerk Of The Council And Fix Compensation – Mayor Festa stated in your packet as well there is a Motion under item 10 which clearly indicates what has happened in the past relative to appointment of the Clerk and the compensation.  Open up for discussion this evening on that particular item.
   MOTION:  That we appoint Robin Gudeczauskas to be the Council Clerk with a fixed salary of $125 for the first two hours with $15 additional per hour thereafter and an additional $100 verbatim, by Councilwoman Schenkel, second Councilman Zagurski. Discussion:  Councilwoman Schenkel stated Robin has been a phenomenal secretary to the Council and has gone well above and beyond every time I have needed help or assistance so I would be honored to have her sit as our secretary.  Vote: unanimous.

8. Public Comments
9. Council Comments

1. Councilman Sekorski – welcome all new council members and look forward to working with everybody over next couple of years. Welcome.
2. Mayor Festa – I want to thank those who are returning to this Council.  It is an honor and privilege to serve a community and I know that each and every one of you has done your best in the past to be of service to this community and I know that you will fulfill your obligations and responsibilities as your duties of office again in your new position.  Those of you who are returning to the position you hold, again, I give my sincere thanks and appreciation for your willingness to serve.  I will make one comment relative to our next meeting date which will be December 1st, first Tuesday of December 2009.
10. Adjournment
    MOTION:  To adjourn by Councilwoman Schenkel; second Councilman Sekorski           
           and the vote unanimous
    Meeting adjourned at 7:11 p.m.

2. To re-appoint Gerald P. Wunsch to the Fire Commission; term to expire on 11/4/2012

13. To Discuss Council Meeting Dates Per Charter, Chapter III, Section Two (2) Town Council Shall Meet On Monday, November 16, 2009 To Fix The Time And Place Of Its Regular Meetings…Sec. Three(3)
    Mayor Festa stated the issue to bring forward is to make sure everyone understand that the first Monday after election by which elected officials should have been sworn in and second Monday which is the 16th that the Mayor shall call a meeting date to discuss calendar for pursuing year and to set dates.
14. Liaison Reports
    1. Councilwoman Denski – Gave updated on Board of Education lunch program,
       energy policy, positive growth with CAPT, Berkshire music festival held at THS; Thomaston Savings Bank presented over $30,000 in grants to Plymouth; PCS has started a recycling program.  Library Board is looking for a book donation bin for book sales; 1800 new library cards issued last year and attendance in children program increased; have a high school intern for 6 weeks; new storm windows in; looking to purchase chairs; Lions donated $300 for audio books and movie matinees being held at 2 pm on Saturday afternoons.
    2. Councilman Gianesini – WPCA had Maguire Associates working on bid package for head end construction for processing sedimentation, need to put building up and need to go through Planning/Zoning.  P&Z and I/W had ordinary meetings; School Building Committee drafting letter to Lauretano for excellent sign, and sidewalks are now completed.
    3. Councilwoman Jandreau – attended usual I/W, ZBA and other meetings; Public Works took on tour of their new roads on Fall Mountain and look great; everyone should go see roads and see work done as it is beautiful; took tour of landfill and did super job and should go see where money went to as great job.
    4. Councilwoman Schenkel – nothing to report
    5. Councilman Sekorski – no report
15. Public Comments
    1. Jim Deutsch, 34 Orchard Street – from I/W perspective as Chairman he thanked Councilwoman Jandreau and Councilman Gianesini for the last two years as liaison to Commission. Think it is important being on a commission for so long to have representative there and important that they showed, added FOI information, parliamentary procedure input and would like to let them both know he appreciated them showing up and made a big difference that they showed interest and sent the information out to the public during their liaison.  From WPCA as a member, thank you, Councilman Gianesini for showing up and important to the commission that representation from this administration showed that type of interest.
16. Council Comments
    1. Councilwoman Jandreau – first, take great exception to David Goodwin’s claim in the newspaper that this Council did nothing in the last two years. This Council worked very hard to undo things done, to go forward.  Her colleagues have worked very hard and those staying will continue to work very hard. Thanks to friends on Council as it has been a pleasure and an honor to serve with such a devoted group. Thank all the commissions that she has been liaison to for last two years and their kindness and respect is greatly appreciated.  Thank you for a successful two years and good luck to the new Council.  Also to the new Council, I hope the new Council members will put politics aside and continue the work that this Council started.  One good thing about this whole thing is that I will not be here any more to listen to the complaining, half truths and innuendos of Melanie Church.
    2. Councilman Gianesini – the last ten years of service, two with Town Council, Board of Finance, Board of Assessment Appeals have been an interesting experience and learned a lot about the running of town government and appreciate the opportunity to serve and a lot of work to be done and hopefully carried forward in the spirit we have to make progress and cannot do like in past with patches; and we have wonderful schools any town would be proud of and can do rest especially with stable bonding package procedures that has support of all capital committees and also the BOF and very useful to pursue.  Again, an awful lot of what goes on in town is happening at elected and appointed commissions and we have wonderful experienced people and look to backgrounds and experience whether in finance or construction or with PE license,  people are working hard and there is literally hundreds of people involved with all types of diverse experience and background. Hopefully days gone of previous administration and threatening, giving example of Marybeth Morelli leaving.  You need to be vigilant that people don’t think based on egos and ideas that their limited life on this planet gives them the right to supersede all of the knowledge, experience and work done by the people done on Commissions.  I really enjoyed working with you.
    3. Councilwoman Denski – thoughts to share; sometimes elections are popularity contests and Obama as well as democrats are not very popular right now. Her family was not founding fathers of this town nor professional politicians.  She is the first generation in her family to run for any political office and the reason she wanted to run was to make a positive difference in the community.  In the past two years, this administration put a new roof on the library, gave our town two years of zero percent tax increase, completed Fall Mountain water and roads, and saved our town thousands of dollars and the list does go on and on. On November 3rd for those who voted in her district, might have seen a group tailgating in the Fisher parking lot, or huddled under a canopy, talking, joking and laughing with one another.  That group was both republican and democrat candidates; and it is her hope and belief that the newly elected Council will work as well together with the
       reelected Council and the Mayor to continue moving this town forward for the
       betterment of us all.  If by that one day, November 3rd, we began building bridges
       and repairing relationships between the two parties, than that is a difference we have made and I am most proud of.  It is an example that can be learned by our State and our country as well.  Even though we have difference of ideas and opinions, only when we listen to each other with an open mind and an open heart can we learn from one another and move forward to our common goals.   It has been her pleasure to serve this community for the past two years and look forward to help any way can to make Pequabuck, Plymouth, Terryville a great place to live.
    4. Councilwoman Schenkel – thank the public for the opportunity and honor of serving them the last two years and privilege for two more.  When embarked on journey two years ago we were people with a common goal to heal community and make lives better and at end of two years have 5 very good friends who she is proud to have got to serve with and learned from them, and hope to continue the lessons
       they each taught her. To incoming Council, welcome, look forward to building bridges and working hard with you and a lot left to do in the community and not a
       label of democrat or republican but most important from Town of Plymouth.  Look
       forward to two years of having additional friends added to her roster.
    5. Councilman Sekorski – terrific privilege and we have done a real lot and think the sad part is a lot of it you cannot see.  I look forward to continuing that and will miss you guys and am sure will see you around, wish you luck and appreciate the work you did and especially want to recognize those who attended those meetings so regularly. When he first got on Council, had great ambitions that would change the world and change the community and cannot do alone; your representation in going to those meetings is a big part of that and I thank the Mayor for honoring some of his wishes and not putting on some vigorous commissions due to his schedule. It was terrific working with you and I will miss you.  Thank you.
    6. Mayor Festa – oath of office will be 2 pm at the THS auditorium on Sunday and all council candidates and elected officials have been notified and public invited to attend.  There will be a recount of ballots for district Saturday morning by Registrars notification.  On behalf of myself and the town extend thank you to Jacqui, Peter and Jeannine not only for service on the Town Council the last two years but service over many years on offices, boards and commissions served as liaison, and we will miss you and wish well and good health and ask to lend helping hand and not fade into sunset.  Important as Jacqui pointed out to build bridges and as David pointed out cannot do alone and very fortunate to have group to support, help and make do better things and wise decisions.  Look forward to new Council people and positive approach and wish well and welcome to Town Council and we will continue to move forward in many lights and difference of opinions and all in positive vein and manner.  Thank you for your willingness to serve community and God bless.
17. Adjournment
    MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.
    Meeting adjourned at 7:56 p.m.

Mayor Festa stated extra copies of the “Property Maintenance and Code Enforcement” are available.  Members of the Ad Hoc Blight Committee are present and introduced Barbara McClellan, Chairman of the committee, to give a presentation of the work of the committee.  Barbara McClellan, 5 Club Lane, reviewed ordinance as it stands and found in basic ordinance nothing glaring or bad but that enforcement of the ordinance was almost impossible and briefly reviewed changes.  Page 3, State of Disrepair or becoming dilapidated”, end of the first sentence changed from “two or more” to “one or more of the following conditions”, conditions read into record noting #7 “one or more inoperative” changed from “two or more”; page 5, section 7-67, “The violation of this provision shall be punished by a fine of  twenty-five ($25.00) dollars.   Each day any violation of this provision continues shall constitute a separate offense for up to a total of forty (40) days and/or a maximum fine of one-thousand ($1,000.00) dollars.” Page 7, section 7-70, looked over other towns and talked to people from different towns to decide what is best for our town and created a “Code Enforcement Committee”, modeled after Bristol but modeled for Terryville/ Plymouth.  This committee will consist of the mayor or designee, chief of police or designee, and the director of health, fire marshal, director of public works and chief building official, or designees, and three town electors appointed by the mayor.  Review of responsibilities to get together monthly, look over blighted situations and bring own expertise and can go to the property and stated by having more eyes and expertise and by people advocating we can get maximum results.  Rather than blight ordinance decided to change to “Property Maintenance and Code Enforcement” which is more appropriate because blight people go to worse case scenario.  Mayor Festa opened the discussion to the public for comments or questions.

1. Robert Ives, 121 Allen Street, Terryville – think idea of enforcement commission is definitely needed and great idea; concern with reference to laws that may override or higher standard.  Concern this allows committee to be strict to the letter or is there room for leniency for adverse conditions beyond property owner situation.  He noted a few situations with unregistered vehicles and several people in town who work on collector autos or antiques.  Will they have to get garaged or subject of fine; noting some cars in better shape than we drive.  Questioned 40 days and at what point does fine start to be applied to property owner, when first discover, when start.  Barbara McClellan responded you would be issued citation and have so many days to correct and no fine; after that is a fine and again you have right to appeal.  Ordinance states 60 days to correct situation.
2. Joe Hooper , Todd Hollow Road, you have 60 days to get property cleaned up but what if the owner does not make it in 60 days but made great headway, extension?  Mr. Hooper stated he might be the guy for the committee as who knows better than him of problems. He is the guy who caught fire bombing and gets involved in neighborhood and has ideas on how to help people.  If someone has a picket fence broken then a volunteer can get in to help fix.  There are a lot of people that can help one another and best bet.  Don Souza, committee member, responded that is why they have a committee set up with 3 different people from outside for input with any problems within, would meet and if person has problem and this would be settled and need more time or need help from organization and where this would come in from.  Include volunteers who could help as well.  An extension would come from committee and board of appeal.
3. Bill Hubbard, 15 Leslie Street, sitting in on committee and knew some questions would come up and sincerely can say everyone on committee was focused directly on issues that the public is hearing and will hear more about where property owners need things done and need things fixed, maybe low in funds, elderly and cannot do, disabled and cannot do. Proud to sit on committee and main focus throughout every meeting that there would be ways set aside to help people overcome problems they have run into.  Nobody is out to put hammer down; ordinance is designed and picked through carefully and very much for concern of citizens and property rights.
4. Ralph Zovich, 4 Knight Lane, stated a fabulous job as the previous ordinance was unenforceable and this has enforcement mechanism. There is nothing in ordinance that prevents or precludes the fire marshal or building inspector from condemning property under normal statues where in case have property structurally unsound and about to fall or creating imminent fire hazard.  High standard 7-63 brings issue where we currently have properties structurally unsound and have not acted on them; basically 7-63 does not relieve fire marshal or building inspector of statutory responsibility to condemn structurally unsound house and thinking of arson structure at top of Town Hill Road, old farmhouse, half burnt, unsound, children could go in and get hurt, yet building official has not condemned and not demolished. If ordinance goes through, that and a few others would be at top of list.  Whether or not passes it still does not relieve building official from doing job and demolish.  Need to find money to do so. Section on placing of liens and assessments in code enforcement, page 8, 7-71 goes through appeals and expenses in foreclosure; sub paragraph c “read into record” and at that point if property already in foreclosure with bank we have same situation we have with tax collector and BOF trying to get delinquent properties off books.  We will have to put money in the budget and take upon ourselves to implement plan of abatement; and for those fixable we will, if owner cannot or unable or unwilling, step in and do it.  If we go forward if public comment is favorable and Council feels enforceable we need to add line item to coming budget or make special appropriation to put money into abatement account so if going to do repairs and then put lien on property we will have funding to do so.  If find not repairable and demolish then in situation like with old apartment house and demolish and vacant lot, the assessment value is much less.  One concern is potential loophole and from perspective of negligent property owner who received citations and made no effort to clean up property, do you go to housing board of appeals and at top of pg 7, sub paragraph c read into record, stating need to define financial hardship because everyone will claim, we have 10% unemployment or gone through divorce, death in family, etc. we face with people 5, 10, 15 years delinquent on taxes.  Barbara McClellan noted because someone may have financial hardship does not mean you don’t have responsibility to clean up and may look for town organizations, boy scouts, girls scouts who do community service.  Intent is to give more time.  Ralph Zovich suggested clearer wording.  Mayor Festa clarified Town Hill situation is under state auspices and until the state allows us to move forward our hands are tied and legal issue between state and previous owners. Councilwoman Schenkel commented on housing foreclosed and aware of federal statute for banks to notify town hall that they have taken possession by initiating foreclosure and up to them to have remediation done and the town can fine them just like a citizen if the bank is not taking care of it.
5. Melanie Church, 328 Main Street – heard on abandoned, if living out of state and what if someone is in Florida for six months, their property is not abandoned and have dual residencies. Say you blight it and they are there how do you notify them and say that is abandoned.  Learned something doing research, you can give the 45 and 180 days but before you can go in and take action it must go to court. A judge has to order. This blight committee is not a judge and jury.  Another suggestion, the money gained from blight can only be used for blight so people that are in a financial hardship should be just as eligible for that as the town to clean up their property.  The waterwheel is a good example of a blighted piece of property.  So the money they get for here, does that clean that up. The town is not above everyone else in this town. If there is somebody with a financial hardship, the money in blight fund can only be used to repair blight, so that money should be able to be used for somebody in financial hardship and something else that should be put in here in order to make it be fair and equitable.  Lot of concerns with this, one declaration of policy says one thing, the declaration of purpose says another and if read through these are not minimum standards they are maximum standards. Yet the declaration of purpose is by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises.  Reading article in Waterbury Republican, excuse me if I don’t remember the road, but it was Grymkowski or something like that, and that is beyond a blight; that is a health issue. If they have rodents and rats and stench is bad, it is beyond blight and it means that our health department has been remiss on getting that area/road cleaned up.  It said in the paper the building inspector had gone out there; if a man is living in his car and the house is uninhabitable and rats there, is that blight or a health and safety issue?  Under state laws, under health and safety, that could be taken care of.  If our town sanitarian cannot handle it then you need to go to the state. There are laws against having rats and that is endangering every neighbor. Some of the rules here and as read through and look at 7-63, higher standard to prevail in case of conflict with other laws or ordinance preempted by state, that is in direct opposition of by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises.  Now you have two different sides, which is it, which rule are you going by.  Disagree also as an insurance company can take up to 6 years to settle a fire, if house blown up, they can take up to six years or 180 days.  What do you do with that. That is maximum you are giving yet court of law it can go in court for 6 years. Years ago had fire and lived in the hotel for 3 of 6 years while fighting insurance company and not living in house. Then moved up to friends and finally able to get a trailer on property. It took them not her time to settle, in middle but mediation is was 5.5 years by time commission of insurance ordered mediations. In between had gone through everything and that weekend had malfunction on furnace and then bursting pipes and flooded house. It took another 8 months to settle that which again is over the 180 days.  Think there needs to be something that if in litigation with an insurance company the courts do not move the fastest and if it is in court you should not be able to go in and knock down someone’s home and important to turn around and make sure clauses in this to protect the people and their rights.  Parts of this believe quoted by mayor in paper, somebody can paint house orange and nothing neighbors could do because color person wanted, look at this and it could be that committee that did not like that color or felt eyesore and could be put on blight list. There are not exceptions in this. Another thing at last meeting, feel there should be a clause in here, the first time we had ordinance copied Waterbury; Waterbury was illegal and it cost money to get an attorney to fight it and find out; now assuming Bristol’s is legal. If Bristol is not legal where does it leave thing. There should be clause if the state deems parts of this illegal it must be immediately reopened and changed.   Does she like it, no.  Ralph said something about if someone laid off can define as hardship and may because may have children in home and living on $400 and feel blight money in separate account to help people. Or 89 year old woman on Main Street with shed with hole on roof and not wherewithal to fix and this is where money should be used; not just for blight.   Tend to disagree on Main Street on waterwheel property.  There was box company in Bristol whose property is contaminated and has kept cleaned and maintained and now they just got money for Brownfield’s for contamination. What makes Plymouth any different than H&R box company.  You say you cannot cut down because of contamination; you are cutting down weeds not taking soil out.  Until corrected and town has their own blight in order otherwise they should set example and be on blight list. Mayor Festa stated for clarification, does not believe this committee is being established for the purpose of saying to someone we do not like color of your house and therefore you have to repaint it.  This blight ordinance was set up for the health and safety of community as a whole.  There is nothing in any particular law whether it be state, local or national that constitutes anyone taking the rights of any individual away from them. If you have a living style there is nothing we can no matter what we put down on paper in words that can force us to force someone to have a different lifestyle than what they are accustomed to or the way they want to live.  There are certain standards that have to be followed, the town sanitarian has been out to properties, other than the one you described in the newspaper, and the conditions are such that they meet the standards of the state, fire code, and state health codes.  So there is nothing that you can do but try to work with the individuals to help relieve the problems that are in existence. If there is running water, a bathroom that is workable, if there is heat in the house regardless of how the people live in those houses, are none of our concern.  They meet the standards by which the state says they are allowed to live in those conditions.  More importantly relative to the box company and the waterwheel project, there are different contaminants within the soil, the roots of the plants and the vegetation on those particular pieces of soil have become sustenic.  That means that they absorb the contaminants up through the roots and into the plants and vegetation themselves.  The Town of Plymouth, and do not know anything about the box company in Bristol, but do know that the Town of Plymouth was under order by DEP and EPA not to touch those things until such time as the monitoring wells had been adjusted and looked at over a period of time to make sure that the contaminants aren’t something that could cause a major problem in this community.   Whoever went out and cut that vegetation down was absolutely wrong in doing so.  Number one, was trespassing on private property because we did not own the property.  We do not own all that property around the waterwheel and number 2, we are following the direct guidelines of the state and federal level so that we are not in violation or breaking the law.  It would be the worst thing in the world for the Town of Plymouth to decide that it would break any law of this land simply because they want to have some aesthetics on that property.  We are moving forward in a very controlled and a very concise manner.  We have made an application for a grant that picks up the Brownfield’s’ in that area and are moving forward tomorrow to start looking at companies that are coming in to do the mitigation of that property and we are moving forward  to take care of our own blight.  But we do have to follow it in a proper and concise manner that is in line with the laws of this land.  So as long as I am mayor I will not violate any laws of any land for the purpose of trying to say that we are taking care of our own blight to make ourselves look better than some other community. No two examples, no two situations are exactly the same and until we look at this thing about the box company in Bristol and what their particulars were, compared to our particulars on that waterwheel site, we cannot compare apples to oranges or bananas to grapefruit.  We have to compare to what’s on paper with what is given to us by the state and federal agencies and to take it upon ourselves to be in violation of the laws that are prescribed to us is outride lunacy.  So I stand corrected here relative to the issues that are stated in the paper, relative to anyone that has been put out to this public display by virtue of their name or their address, it is not the intent of any committee nor any individual nor a matter of this town to start citing people in newspaper. The issue at hand is we are looking at health and safety issues in this community.  You are absolutely correct when you say rodents.  That rodents are a health and safety violation and we learned this a few years back on Pearl Street when we had a house that was contaminated by virtues of the raccoons that lived in there.  The rabid raccoons with the fecal droppings that contained a very serious ringworm that caused fatal accident to individuals that came in contact with them.  Those are the kinds of things the community needs to look at and go after to make sure they do not affect the rest of community.  Children can be playing in a neighborhood and be bitten by a raccoon and so on and so forth. But to come here and talk about comparisons and talk about people who have been listed in the newspaper and not knowing exactly what their living conditions are, or the affordability of those particular conditions are, and the hardships that they have endured is something that we should not be pointing fingers at without taking care of ourselves first.   Stand corrected if anything has gone wrong or set out in the newspaper that is not under his control and apologize to those individuals in this community who have been put to the public display. There is no reason for us to be looking at that when we are looking for is to correct some of the problems.  And the problems that he has heard from this committee in the times that they have made presentations is the safety and welfare of this community.  And not simply because we are looking to say to somebody we don’t like the way you live, we don’t like your lifestyle.  Well it is too bad we don’t like the way they live; that is our opinion and our opinion only.  We cannot force our lifestyles upon anybody else and everybody else just because we like something or don’t like something.  We have to stick to the particulars that are the way in which the laws that guide us and protect us from people who try to impose their will upon us.  And with that I will stand on the basis of this particular committee and the work that they have done in that regard. Thank you.
6. Noel Schenkel, 4 East Orchard – comment about, under vehicles, if  campers, old campers, would be listed in there too.
7. Mr. Ives, question of committee member in reference to what woman said on page 7 section c of 7-69 as way read is an opportunity there perhaps fifth statement could be added so that board of appeals could modify, based on legal issues by insurance companies, banks, etc.  it references elderly on fixed income.  Think committee should have option if to have either options  modify or go forward based legal stand  with other entities, banks, insurance companies whatever.
8. Don Souza, blight committee or code enforcement – everyone seems to be putting emphasis on blight part and would like to see everyone concentrate more on ordinance. Most in blight comes under ordinance and reason why tried to change to ordinance type committee; before it gets to blight situation it should be taken up in committee and through planning and  zoning, fire marshal, and corrected before it becomes blight situation and another step of allowing people to go through proper channels before gets to blight section.  In doing that it gives more leeway on time to clean up and do whatever need to do on ordinance part before blight situation.  It is true the blight housing board of appeals has different situations but most would be corrected before appeals process if committee works way it is suppose to work. Health and safety, committee meeting once a month would present to the committee what is in violation and channel to proper person. Every month will get report and would take to appeal process before everything happens on that end. Part of that is that nothing falls through the cracks. In old ordinance the blight committee never met; all enforcement was on enforcement officer who would give citation and where stopped. It came to housing board of appeals only if person appeal; if person did not appeal fines built up and then built up $100,000 worth of fines and nothing done to property and where comes back to enforcement code committee.
9. Jim Deutsch, 34 Orchard Street – being on town commission, good job.  Question on section 7-70, page 7, Code Enforcement Commission – zoning enforce officer is really good, awesome and work with on wetland and planning & zoning enforcement officer and involved with this to some extent and believe on part time and cannot keep up with planning & zoning and inland wetlands, and as peripheral to this ordinance may think about part time person taking this on too.  Other thing there will be 3 town electors appointed by mayor.  Usually when have appointments to commissions, appointed by council approval and do not know if this should be in here or not.  Those 3 people, would there be party affiliations as some commissions only certain amount of democrats, republicans or unaffiliated and not mentioned.  3 people, believe this is permanent or termed position and not anything about what term would be, like charters so many months, different part of town, from same part or representatives from Plymouth, Terryville.  Same section read, according to way written there is minimum of 10 people on commission, using word and mayor, chief of police or designee, code enforcement, director of health, because of word and, that is a lot of people.  Section 7-62, page 4, applicability, every residential, “and land”, would have said “and/or the land”.  Another follow up did not see anything, hope the town is included on this; where confined on waterwheel and understand DEP; not only that piece but other pieces, the town should have their own fair share.  The town should be given same weight as residents; everyone is on same level and if exception to that then noted such as DEP issue.  Newspaper article in Waterbury 10-15 days ago about new act, neighborhood protection act, read portion into record noting foreclosure pieces.  Peripheral to that.  Had property on his street foreclosed and had neighbors taking care of it on outside because no one else was doing it.  Page 7, 7c, add extra certain exception, #4, “property owner is elderly….” Know in some towns include “disabled”.  A lot of information with real property and not defined in ordinance and also other definitions where says defined in section 8-24 and did not see in that section either.  To him what is real definition of real property.  Litigation is important part and can have disaster in this community and a bunch of people get leveled and could be some litigation on insurance issues and hope there will be some common sense on that.  Make sure he understood work and way read is that there is really housing board of appeals and starting another committee and called code enforcement committee and two separate. Reading through this, page 6, top, (a) [read into record] so anybody can file and then says in “b” [read into record].  In “b” does not mention code enforcement committee; gave example if he files complaint against Jacqui it goes to Clarence and he goes out to look at property and says nothing about code enforcement committee. At this point Jacqui gets notice and person grieved has to pay $25 fee and granted hearing on matter and still says nothing about code enforcement.  She is now before committee and your committee can sustain, modify or withdraw based upon definitions.  He could withdraw notice or extend that by another 120 days; from time gets notice to fix is 180 days and still says nothing about code enforcement.  And part a on how he can file something about anybody and Clarence’s decision if he feels direct or not.  Code enforcement committee, mayor appoints code enforcement committee then, page 8 c  [first sentence read into record] and a double angle.  He can bring before Clarence and anybody on committee can bring to committee.  Do not see if building officer will bring up things during meeting. Barbara McClellan, yes.  Councilman Gianesini to Jim, he is chair of inland wetlands and as recall as liaison as well as to planning & zoning, often times Dave, enforcement officer, would come before commission and notify them of something of concern on particular property and owner of property is asked to appear at a meeting to explain what is going on. As recall the person is not issued citation or cease and desist until commission review and talks to person and in this case changing so that citation before overall route for them to decide and that could be it would delay process but with all knowledge of individuals.  Chances are what comes from decision of group would be more substantial, you would have everybody and the delay might be worth it as far as thoroughness. When talk about blight we are at extremes; once get blight thing going and take care of serious violations it is better for individuals and the way the town handles it.  If any offices recommend at meeting there is something wrong to take action on, that person comes in to explain and go from there.  You may not need citation but have cooperation where person takes care of it.  Jim Deutsch explained how process on wetlands stating tomorrow people will come before commission and some things the commission leaves to the enforcement officer to issue citation because seems cut and dry issue; matter where dicey the commission has ability to go out and look at site if so deem it because need visual of how looks.  David will not do anything from wetland unless brings before inland wetlands.
10. Robert White, looking for help and think have some things to look at especially at high school where need community service to graduate, we do pay for that and maybe it would help.
11. Joe Hooper, Todd Hollow Road, (a) you are talking about if tear down house or put money in; would person have time or chance to pay town back on monthly value or will they take house or property away.  A thought.  Mayor Festa responded, from himself speaking, while someone is in dire straits no reasons for anyone to take roof away and feel committee has made provision for hardships; do not think intent of any human being to hurt another for purpose of trying to impose restriction on individual when facing hardship. Do believe there has been some allocation of consideration in framework of ordinance.  Barbara McClellan, absolutely.  (b) Some people do not qualify for loans.  Mayor Festa stated there are some situations where we receive notification on money from the State for purpose of rehabbing homes and people can apply for low interest loans they are able to provide to the town to allow someone for help in fixing up property.  It is a matter of making application and meeting qualifications.  These programs are for those who face hardships and need assistance.  (c) Live in house and rent but owns property surrounding it, need permit to take down but needs money; does not have money or resource but will pull house down. Mayor Festa stated the committee has made the ordinance more user friendly to help people and not hurt.  Barbara McClellan stated in code enforcement committee states especially the Mayor shall assign any town staff deemed appropriate to assist; meaning if you had a problem the mayor has opportunity to call in other people to help you not to bully you.
12. Melanie Church, 328 Main Street – forgot to mention, where it asked for 3 people they should be separate within town not people from one area sitting on the residents or taxpayers who are sitting on this committee that are citizens.  Should be from different areas otherwise bias.
13. Joe Hooper, volunteer to be one of them as knows can help quite a bit.
14. Barbara McClellan closing statement – remind everyone that the goal of this committee was to create a working ordinance to promote health, safety of our citizens of our town, neighbors, business and industry and at same time had to respect rights of neighbors, town and environment.  Took great deal of time to make sure people get fair, honest and just treatment with ordinance; fines set up to be gentle reminders of infractions not to make the town rich.  Appeals process so that every citizen getting fair shake and a lot of people in corner advocating and making sure system works. Committee is the best possible of both worlds.  From all the questions, this is why we
    need all the eyes and need a committee so that minor problems will be fixed and then not have blight and referred to as code enforcement.  Blight, old clichés, beauty is in eye of beholder and one mans junk is another mans treasurer.  Hope for is that town officials we elected and entrust our town to set up basic rules so we are protected from unsafe, unsanitary, unsightly, and very air we breathe and environment gets protected. Thanks for your attention.

1. Councilwoman Schenkel - thanks to blight committee and very impressed with how the committee puts residents in forefront and not a punitive ordinance but one in way help everyone in community and create bridging of one hand helping another by process and ability to appeal and time and right approach and commend on work.  Regarding section 7-68 comment by Mr. Deutsch on individual bringing a citation, you might want catchall that the building official will bring all citations or reported cases to the code enforcement; that will help with the due process for citizens understanding of how this process works.  Thank the mayor and council because we are aware there are town properties that need work and other councils have tried to address but state and DEP issues and bigger than thought it would be.  This group that brought forward, willing to submit and do best work and not just to pick on residents but clean town too.
2. Councilwoman Jandreau – agree with DiAnna.  Thank you so much.  A lot of hard work with very little pay and appreciate your hard work. Thank you for time and effort
3. Councilman Gianesini - commend group for something that could be convisive, like atv, to come with reasonable compromise, and Ralph eluded to important things in enforcement and problem with a lot; saw how real estate collection lag and people say will pay until lawyer’s get involved.  Unfortunately you need to show you are willing to play ball, get bat and get up to plate.  Some people require discretion and shows good faith effort and do best they can.  Places literally a dump with rats and toxic chemicals from old cars, these people have been irresponsible for doing this for years and taxpayers should not be given entire burden. The town is responsible for line item budget but in cases where people cannot afford it, it is not fair for rest of taxpayers to go in hoc and try to keep their residence up.  We should put liens on property until point get money back.  This can be serious problem, had in his neighborhood, and rats carry diseases and feel the officials in town if aware of conditions that endanger the welfare and safety of people they are criminally negligent. Commend group and sometimes carrot does not work and hope we are able to follow through when necessary.
4. Councilwoman Denski - great job and from this point what needs to be done is a fine tuning and would like before final decision would like to sit with BOF and comptroller and discuss where money is coming from.
5. Mayor Festa – thanked the committee for wonderful job done and time spent in terms of creating this process and moving forward on ordinance suggestion which is important to this community.  Thank those who came out and whether spoke, listened, offered suggestions and important to have community involvement and firmly believe once you become a stakeholder in this community you take part in this process and it makes the community a better place to live and to grow.  Sat here and taken almost three dozen ideas and suggestions presented by those who spoke this evening.  What that says is something very important.  That no matter how hard any committee or group works to bring forward a resolution to an issue, there is always something else to be thought of, to be concern with, or raised in question and brought forward.  Tonight from suggestions, almost 3 dozen of them, give greater light and greater substance to what the base of this committee has done and created a foundation of an ordinance upon which we build and  without question, knows if you ask each of these committee members, this is the bottom line, they would respond in negative from standpoint that there is always room for improvement, there is always room for looking at something and make changes if necessary. The only way we will know if it affects the living conditions or the standards that we are setting here is to put in operation and if in fact move forward and present ordinance to be put something into operation.  So if in fact we present an ordinance to be put into place, it will only be in time to which we understand what are the important components of the ordinance, and what are those sections of the ordinance which need to be changed and/or removed, simply be by trial and error.  Back in 03-05 as administrative assistant, set up workshops with the housing court judges from New Britain, Waterbury, etc. and the very concern raised were twofold.  You cannot put the fines out there to such a point in time that you expect the housing court judge to order someone to pay the town hundred and fifty or two hundred thousand dollars.  It is just not going to happen according to these judges.  Number two, you needed to make sure that you had some kind of enforcement that allows you to enforce your ordinance.  I think this group has done that and not in a way to penalize the community or those members of the community but to help with the assistance of moving this town forward and getting it back onto the rolls that gives a little more pride and dignity in terms as how we present ourselves and present the face of this community to outsiders who have any intention to come forward. Yesterday at industrial park and met with broker from out of state brokering for a company that may come into this community and we are one of four they are looking at in the State of Connecticut.  One thing we talked about is the high school and across from that standing and asking about our educational programming, and we explained to them what is taking place in the bonding proposal of $47 million for the new high school and renovating the other schools in the community and then talked about the infrastructure of the community and waterwheel park.  We had maps explaining what is going on and the conditions and so on and so forth.  He turned around and said he understood where this community is going to make progress in moving it forward.  This community wants to keep its’ heritage and keep itself a proud community in terms of where it came from and that the Eli Terry’s and Hoadley’s of this world that started the industrial revolution to make this community what it has been and what it continues to be and what it should continue to be. Hopefully with what we said yesterday will get us a better influence relative to decisions being made by this company which if come into this community will set standard for 30 new jobs for people who are out of work.  Things such as this are moving us forward and in right direction and cannot help but to be positive that we will continue to make progress and we will have setbacks every now and then.  When people come forward to give their time and energy to sit on committees and boards and take some of the heat to get some of these particular issues to forefront and make changes for the betterment and in the long run each and every one of us will be sitting hand in hand in a community of involved citizens and volunteer of what Plymouth was, can be and should be.  Thank you to everyone or almost a year and those who have come forward and supported this community.  I deeply thank you.

15. Adjournment

MOTION:  To accept the Regular Town Council Minutes of September 1, 2009 by Councilwoman Denski; second Councilwoman Jandreau.  Discussion:  Councilman Gianesini, one minor one on first page item 5, “size of plank” should be “size of pipe”.  Councilman Sekorski (a) point of clarification on page 3, item 7 “two types under stimulus, one is JAG and one is Byrne’s” and do not know if spelling is correct; Mayor Festa stated it is correct.  (b) second part of that sentence is to add purchase of computers to the interior of the vehicles and not computerizing our vehicles. Mayor Festa clarified it will cover to put computers into vehicles not computerization.  Vote:  unanimous with Councilwoman Schenkel abstaining.
 

5. Council Rules and Procedures
   MOTION:  Add to the Agenda for October 6, 2009 the acceptance of Town Council Special Meeting Minutes of September 21, 2009 by Councilwoman Jandreau, second Councilwoman Schenkel and the vote unanimous.
   MOTION:  To accept the Special Meeting Minutes of September 21, 2009 by Councilwoman Jandreau; Councilman Sekorski. Discussion: none.  Vote:  unanimous.

6. Public Comments on Non-Agenda Items
   1. Melanie Church, 328 Main Street – there seems to be a problem and I had to spend the day at the Town Clerk’s office.  On September 2nd there was 5 questions submitted for the Charter changes when on July 20th the Council had voted for 4.  On September 29th the 4 questions were entered.  According to State Statutes they had to go in 45 days before; when the Clerk of the municipality determines that the necessary action has been taken for submission of the questions he or she shall at least 45 days prior to election file in the office of the Secretary of State a statement setting forth the declamation of the question as it appears on the voting machine ballot labeled at the election. The date upon which submitting action was taken and the reference to law under which this action was taken.  Come to find out our Town Clerk did do it correctly and somewhere along the line 5 questions were submitted, they were submitted to our Chairman by the Mayor’s office via email on the second at 4:29 of September.  I did not get a hold of him so I happened to ask for them, when I saw 5 questions and I went to the Mayor’s office and I brought forward the minutes where there were only 4 questions.  I would like to thank the Town Clerk because she had to spend the day calling the Secretary of State to get a ruling on this.  I feel from the beginning of this Charter Revision Commission it has been things done lackadaisically by the Council and the Mayor’s office.  I am hurt by that because I spent 18 months or 16 months and so did every other commissioner.  We put hearts and souls in this and the way I look at is why all the complication when there is a member of the Council who sat, or two members of the Council who sat on former commission. You are a legislative body. Before the 5 questions you should have gone to the Town Clerk, they should have gone to yous, and don’t know if they did or not.  I am assuming they didn’t because I am sure you would have picked up on it.  If not maybe we are in trouble there also.  I have to tell you I am frustrated.  I have never seen a Charter Revision be so messed up as this, missing dates. We have run around and jumped through hoops as a commission trying to get everything done. We followed the timeline and then the timeline gets messed up by the Council and I have to tell you I am very upset over it. When I went back because as I said the Town Clerk was courteous enough to say let me call the Secretary of State; when I went back there today I was told I couldn’t go into the Town Clerk’s office so I asked the Town Clerk as one of the elected officials in this Town to please check with the Secretary of State. That is a public room.  Those records are public and anyone can go in and no one can stop them.  So I think that the harassment better stop because if I have to stand at the counter I will read anything I choose to read but everyone should be treated equally in this town.  And I just see this taking place and I am very disgusted with it.  I followed by it until she got a decision and tomorrow if I go into the Clerk’s office, I will go in the vault as I am allowed to do. These are public places they are not private. There have been numerous times that stuff is not being sent to the Town Clerk’s office in a timely manner. Another thing I noticed you as the Council are not getting a whole story, when I go back and I look at the minutes to when you waived the rights for the excavator we were not told it was a used excavator.  I happened to find that out and guess what, low and behold I can’t find the year. How complicated is it when you buy an excavator, you don’t know off the top of your head what year it is.  I feel you people assumed the same as I did, it was a new.  Now I find out it’s a used one. We don’t know with all these waivers going on with Public Works what the true best value is for this town. This spring Tilcon was hired to put in curbing throughout this town without a bid. This has been going on for the last two years.  The chip and seal that was done was done by I believe an acquaintance of someone that works in Public Works and again it was not put out for bid because the name is on the State list, there are a number of names. There are not just one company or one name. I am asking that these waivers and that you’re sure as you the Council did away with Local Vendor Preference.  You felt it was unfair and then you don’t do it unless we take the lowest bid unless that person cannot get the bonding or has done substandard work and it has cost this town money. I think you as a Council and I’m going to give you the benefit of the doubt were not given all the information.  But also if you were given all the information and went ahead and did these things when you voted for no Local Vendor Preference than I say you are doing two sides and I’d like both those looked at again, I’d like Local Vendor Preference brought up again at, and I will be the first one to admit the two most honest people I know in this town are Pete and Steve Worhunsky but they were given the landfill closure when Calco was $40,000 cheaper, and he was raised in this town.  I think that the favoritism has to stop.  I also, as you know, felt when you had the private meeting after the date we were suppose to have Charter Revisions recommendations to us, I feel that you need to take a look and stop with the secrecy and come out with the openness.  Thank you.  Mayor Festa stated thank you but before you sit down I do have a couple questions for you.  You are making some serious accusations.  If you are going to make those accusations I would ask you to submit the documentation regarding what has and has not been delivered to the Town Clerk’s office with the dates, the times and specific items.  Number two, in terms of the Town Clerk’s office, you are not barred from coming into that Town Clerk’s office and using the vault.  Whoever told you that is an inaccuracy.  The issue at hand, I myself, told you one day when you were paying for something that you belonged on the other side of the counter, not by the register standing along the assistant clerk.  Melanie Church, and I have since been paid on the other side.  Mayor Festa, I did not tell you that you could not enter the Town Clerk’s vault.  Melanie Church, I was told this today.  Mayor Festa, well, than you need back up that statement in writing, present it to me and I will follow up through.  Because one of the things we are stopping here is the rumor, the innuendo and the nonsense and the false accusation.  Melanie Church, well this is not a rumor, I stood out there.  Mayor Festa, number two, Melanie Church, for twenty minutes reading.  Mayor Festa, excuse me, I did not interrupt you, please give me the courtesy.  Number two, there was a question relative to the number of items submitted for the Charter Revision questions.  There were 4 approved by this Council you are absolutely right with that regard.  Sitting down with the Town Attorney we looked it over and decided we would break those questions down to five to be make them more reasonable to be read by the general public rather than being confused with all the a’s, b’s and c’s which had no significance to it, to which you were a part of those discussions throughout the eighteen months which you sat on this Charter Revision, and quite frankly when you talk about being frustrated because of the lack of time and energy and etc., you were given specific time dates by my office as was requested by you to do so as well as the Chair to give you a timeline. I worked all afternoon and that evening with my secretary before your meeting started to give you those time lines to which you took and tabled them and did not use them until you were ready to use them.  So in terms of that timeline and the timeframe, you had every opportunity to do whatever you wished on that Charter Revision and were given as much time as necessary to do the things you wanted to do.  Because certain things didn’t go your way doesn’t mean the Charter Revision Commission didn’t do its’ job and the Council didn’t do a good job as a follow through.  When the question was raised by you two weeks back relative to the legality of the 5 questions vs. the 4 questions, we went back to the 4 questions and kept them that way.  Very confusing to the general public.  In terms of getting a response from the Secretary of State’s office, the Elections Division turned around today and said at it was to my effort that I got a response, that in essence we had originally taken the 4 questions and voted on them within the timeframe allowed under Statutes so we are within our right to turn around and resubmit those 4 questions to be put on the ballot and that is the way they were submitted by the Town Clerk, the original 4 questions as presented.  Melanie Church, correct.  Mayor Festa, so there was nothing that was misleading or inappropriate done at that point in time.  Melanie Church, well I would say that I heard Barbara Rockwell take the call and go out of her way to get the answer because she did not have the answer.  Thank you.  Mayor Festa, well we did get the answer and I am not through yet so please would you wait.  Relative to the excavator that was a used excavator and we were well aware of it.  The fact of the matter is that you were asked to come to town hall and present your request in writing under FOI to get the VIN numbers and to get the years and makes and models of those particular pieces of equipment.  I haven’t seen that come to date and yet you are accusing everybody of withholding information.  The bottom line is that if you want to be accurate and make sure that we are all on the same wavelength, then you need to follow through on your directives.  Be honest, be open and be forthcoming.  So with that I thank you, I thank you for that and please understand that you are allowed to go into that vault when you have business to be there. You are not allowed to come into this town hall and go to different various departments checking on what people are doing, when they’re doing and why they are doing that in that particular office.  If you want any information you come to the department heads and you ask them that question.  You don’t go to the individual employees and create chaos within their work space simply because you are not getting provided with what you are asking for immediately.  I will not tolerate that as Mayor of this community to disrupt the work force that is being paid to do the job on behalf of the citizens of this community instead of one individual.  Thank you.
   2. Vicky Carey, 665 Greystone Road, I am also a Board of Finance member.  I find it horrible that Tony is not here to defend himself on the personal attack but with due respect to Tony, not for nothing, he came up to the Board of Finance and I do not know if Melanie was at the meeting or not, but it was told to us that it was a lease agreement in order to purchase vehicles.  So we knew it was a used vehicle to being with.  So we knew where it was coming from.  I don’t know if she attended the meeting or not but that’s where it was. It’s on our minutes in the BOF.
   3. Pattie DeHuff, 20 Lynn Avenue, I came here tonight to make a statement and my statement was based on the following things which I know. I know that State Statute say that a town can create a charter and a town can change their charter whenever they want to. I know that our own charter says that we can change our charter if we want to and I know that this Council choose to have a Charter Revision Commission and I know that this Council choose specific individuals of which I am, was, one member, we are now disbanded, to examine many items that you provided to us as a Charter Revision Commission.  I know that those who served on the Commission for 16 months put in a lot of effort. I know that as we got close to the end of our timeline that, Mayor, you did provide more information with regard to the timeline. I know that at the meeting in question which I think was in April now and I can go back to notes and refer. We were sitting down in this very room and I know that the liaison to the Charter Revision Commission told us we had missed our timeline and then I learned that we had actually made our timeline so we had done our duty. I know that we submitted our report to you and I know that I and other members of the Commission urged you strongly to hold a charter, a public hearing as required by State Statue.  I know that you missed your deadline and as a result of that State Statutes say that not to accept our report as presented, doesn’t say that you have to accept all of our recommendations but you do have to accept our report, which was unfortunate that you missed your deadline because it would have been good to have the give and take between one body and another body. I know that this Council chose to create 4 questions to be placed on the ballot on July 20th worded against recommendations by myself and others that more questions should be on the ballot so that people could vote on whichever items they wanted and not have so many lumped together. But that is what you chose to do. I know that on September 3rd I received an email from our then Chairman, Tom Zagurski, and it was very brief and he said these are the questions as they will appear on the ballot in November and the email came from Tom but originally from the Mayor on September 2nd at 4:30. And when  I took a look at the questions there were 5 questions that were now going to be placed on the ballot and I wondered about that and I didn’t take any action on that and didn’t state anything about that. Perhaps I had given up because what I believe is that there really has been a deliberate attempt to subvert the will of the people by this Council and what appears to be the Mayor though I take into account his comments to Melanie Church to subvert the will of the people by trying to deny the right of the people to vote on this Charter Revision to have a lawful Charter Revision vote.  Because if the state, if it, I don’t know what the right answer is to which ballot will accurate or not accurate, all I know is that there is a lot of havoc that has been created and the vote can be challenged by what we’ve done and I’d like to be on record as having made that statement.  Mayor Festa, excuse me Mrs. DeHuff, a question for you.  Mrs. DeHuff, Mayor, you are not a district attorney, you are not an interrogator.  Mayor Festa, I don’t intend to be.  Mrs. DeHuff, I don’t.  Mayor Festa, but I do have the right to ask you a question as I did the last go around relative to.  Mrs. DeHuff, we’re not going down that road again.  Mayor Festa, no we are not going down that road again.  We are not going down that road again because I have learned a lesson.  The lesson is to ask questions to make sure we understand what grounds we are on.   So all I’d like to ask you tonight is to give me your definition to what subvert means, in your definition, in your dictionary.  Mrs. DeHuff, no, I am not going to answer that.  Mayor Festa, well you have used a term here tonight that has various connotations to it and I have given you an opportunity to address that issue.  If you don’t want to you have your right to do so but we will find out in another way what your definition is.  I will tell you this much.  I have learned a lot relative to having people pretend to be things that they are not and to present pictures that are not as they were painted or should have been painted.  The bottom line is I will not let those kind of accusations fall upon the faces or the shoulders of these people sitting with me here this evening. I find it ludicrous that you would make statements that we are trying to subvert the will of the people.   I for one sat  at a particular meeting to which you were present and addressed the issue of the Chart that you presented in the draft report from the Charter Revision Commission and suggested that we take that and use that as a ballot because it clearly defined every single question that was raised.  Your response was in the negative to that.  Instead you presented through your Charter Revision Commission 4 questions and 4 questions only.  When the questions were separated and separated to suggest that we give the people an opportunity to present themselves in the way of a vote as to whether or not they would want a separate vote for tax collector and town clerk, that was shunned upon because it was a private issue going on and a private interest going on that we wanted to see these people as not elected but appointed.  It was personal in nature and I take personal exception to that relative to.  So when you talk about subverting the opportunity for the will of the people, I would question a long range look at what has been taking place and the subversive ness that has been taking place over the 16 or 18 months of the Charter Revision group was in tact.  I give great deal of credit to those people who served that Charter Revision Commission with a great deal of sense, of loyalty, support and honesty but I do take offense where there has been attempts to change minutes of those particular meetings, to turn around and send letters from attorney’s offices on letterhead, of which the attorney knew nothing about and to turn around and then point fingers on other people.  This kind of stuff has to stop and it’s going to stop as I said at the last Council meeting when these issues arose.  If you have something and that’s exactly in terms of documentation form that you’d like to present relative to the charges that you are presenting here this evening, I would suggest you do so.  Other than that I would ask that you refrain from making those kinds of accusations to individuals about them, for them or with them. Thank you.  Any other public comments.
   4. Melanie Church, 328 Main Street, I forgot to mention today when I was in the Town Clerk’s office, I think a hand of congratulations should go to her that she is finally now certified.  Thank you.
7. Mayor’s Report – Correspondence/Discussion on Various Items

*Historic Property Commission/Certified Local Government Application – we had submitted that to the State.  We received word that we have been approved and are waiting for the signed agreement to come back which would allow the Historic Property Commission to move forward and present themselves in the way of applying for grants for historic properties acceleration and also for the potential of picking up some additional properties of historic nature to preserve them for the towns historic component.

*Month of October, Breast Cancer Awareness; Garden of Pink Ribbons, Terryville Students; Pink Day, October, 9, 2009 – There is a garden of pink ribbons planted out in front of the Terryville town hall sign on behalf of the students and Robin I would like to thank them for their work they have done relative to making an awareness of the particular disease that has affected many women.  In town hall here we are recognizing this month as awareness month and we will be doing Friday’s that are pink days and everyone is asked to participate by wearing something pink that day and we will also be receiving donations from the staff relative to presenting it to the breast cancer awareness organization.

*Mum Plantings; Town Hall Plymouth Garden Club, Beautification Committee – In front of the town hall sign I want to thank the Garden Club for doing that, the Plymouth Garden Club and the Beautification Committee for the town for doing a marvelous job and specifically thank Sherry Russell and Hildie Siemiatkoski for their work and their effort.

*Brownfield’s Grant Application For Waterwheel Park; Condition of General – the Brownfield’s group has a grant application format and we are submitting that grant application, it is due October 14th.  It is in the form of a $200,000 grant which will help us to remediate that particular property, the property which we own which would be the Belonick and the Hart property.  I will tell you also that the issue at hand here is that we were told we could not touch anything on that particular property including the vegetation.  I have been informed that the vegetation was been cut, I do know not who did it, at what point in time it was done other than it was over this weekend. I will tell you that it was not on our property, it was not done by the townspeople, by the town workers.  Someone went onto property and if were not the Kirkwood’s than it is illegal trespassing The vegetation that was cut was cut on the Kirkwood side of the property, not our side and the stuff that is on our side of the property had to be left alone until such time as we had our remediation wells taken care of and the readings would be presented.  There are contaminants on that site and they are not quite sure what they are.  So with that I will tell you we are looking forward to the Brownfield’s grant to be a successful grant application procedure and move forward for the remediation of that.  I will tell you also in regards to the Waterwheel Park, I have just received notification through our efforts that we actually had the grant in form of written notification to be resubmitted for another extension for 2 years so that Waterwheel Park grant that we received of $350,000 for will be resubmitted for an extension in period of time.  I have also been told that we will now be able to take foundations, concrete foundations out of the area once the remediation starts and the grant will pick up the cost of that as well.  We are well on our way of moving that forward.

*Plymouth Early Childhood Council – Submitting Grant Application – under direction of Gretchen at the library has done a marvelous job relative to the work and the effort they put forward to receive grant applications and grant monies to help extend the early childhood program.  They are submitting another grant application and hopefully will be successful with that which will be a two year period which will expand the programs that they do.  And if you have not seen work done by Gretchen Durley and the Early Childhood Council at the library, I suggest you take a look at it.  It is a marvelous program.

*STEAP Grant $150,000.00 for Waterwheel Project – notified by the state department we have received another $150,000 in grant money to be applied to the Waterwheel project.  So again we are very fortunate to receive that money as well which will move the direction of that waterwheel into a faster mode of completion. Upstairs this evening we have BL Company who is the engineer and contractors for surveying the site work and construction component of that particular project making their presentation.  I have been told by the Beautification Committee and also the Historic Property Commission and the Council on Tourism and Culture that once we get moving they will be making the recommendation to have BL actually the engineer of record and the company of record for the full four phases which means that we can get that moving even at a greater pace.  We are on target with that issue as well.

8. Appointments/Resignations

*Accept the Resignation of Michael Ganem from the Parks and Recreation Commission
MOTION:  To accept the resignation of Michael Ganem from the Parks and Recreation Commission by Councilwoman Denski; second Councilwoman Jandreau with regret. Discussion:  None.  Vote: unanimous.

*Re-appoint James Deutsch to the Inland Wetlands/Conservation Commission; Term to Expire 9-1-2012
MOTION:  To reappoint James Deutsch to the Inland Wetlands/Conservation Commission with a term to expire 9-1-2012 by Councilwoman Jandreau; second Councilman Gianesini. Discussion: Councilwoman Jandreau stated she told him she would vote no but will not.  As one of the liaisons, he does a great job and we certainly need him there.  Councilwoman Schenkel stated he is a wonderful addition to this Commission.  Councilman Gianesini stated Jim as well as other members of the commission are doing their job and not because it is a public service to fill as they move from one board to another but they have a commitment.  They are interested in inland wetlands and conservation and put a lot of extra effort into it and we are privileged to have Jim on the commission and wholeheartedly recommends is reappointment.

*Re-appoint Helen Nejfelt to the Plymouth Housing Authority; Term to Expire 8-31-2014
MOTION:  To reappoint Helen Nejfelt to the Plymouth Housing Authority with a term to expire 8-31-2014 by Councilwoman Jandreau; second Councilman Sekorski. Discussion:  Councilwoman Jandreau stated Helen has served quite a few years on this commission and doing a good job, brings in suggestions and ideas to them and good person on board and need to keep there.  Vote:  Unanimous.

*Appoint Scott Gray to the Water Pollution Control Authority as an Alternate; Term to Expire 1-21-2012
MOTION:  To appoint Scott Gray to the Water Pollution Control Authority as an Alternate with a term to expire 1-21-2012 by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  Councilman Sekorski stated on the application there was a signature of another individual on his application and think we can move forward but need Mr. Gray to officially sign his application as it is a photo copy and signed previously.  Mayor Festa stated he did speak to him personally and he is very pleased to be of service.  Councilwoman Jandreau stated Scott also serves on Inland/ Wetlands and is a very good addition to that board and will do same for WPCA.  Councilman Gianesini, Scott is an advocate for the environment which is one of the reasons we have this commission and he has a keen interest in the stability and preservation of wildlife in the different sites that are being developed, and he does a lot of site walks and examination and basically the duties of Inland Wetlands do not vary that much from WPCA although discharge clean water into Pequabuck River and a lot of the effort and attention to details that goes into the planning and permitting of Inland Wetlands level is also and affects attitude you will have as a member of WPCA, which he is a liaison to and wholeheartedly recommend Scott to fill that position.  Vote:  Unanimous.

*Appoint Sally Bain-Picard to the Human Services Commission; Term to Expire 10-1-2012
MOTION:  To appoint Sally Bain-Picard to the Human Services Commission with a term to expire 10-1-2012 by Councilwoman Jandreau; second Councilwoman Denski. Discussion: none.  Vote: unanimous.

*Appoint Robert C. Nelson to the Plymouth Housing Authority; Term to Expire 8-31-2013
MOTION:  To appoint Robert C. Nelson to the Plymouth Housing Authority with a term to expire 8-31-2013 by Councilman Sekorski, second Councilwoman Jandreau. Discussion:  Councilwoman Jandreau stated this gentleman used to serve on the Housing Authority for many years and also qualifies as he lives there which is prerequisite for this position and will do fine and he comes in with a lot of the knowledge of the Housing Authority and nice addition.  Vote: unanimous.

*Appoint Catherine Kosak to the Parks and Recreation Commission; Term to Expire 11-5-2012
MOTION:  To appoint Catherine Kosak to the Parks and Recreation Commission with a term to expire 11-5-2012 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Jandreau stated Cathy will be a great addition and happy to have her apply and serve.  Councilwoman Schenkel stated she worked with Cathy on a commission before and she is very organized and she is a wonderful addition as a strong team player and a great addition to this commission. Vote:  unanimous.

*Appoint Paul Gianesini to the Parks and Recreation Commission; Term to Expire 11-5-2011
MOTION:  To appoint Paul Gianesini to the Parks and Recreation Commission with a term to expire 11-5-2011 by Councilwoman Denski; second Councilwoman Jandreau.  Discussion:  Councilman Gianesini recused himself and asked to take a minute to leave the room.  Councilwoman Jandreau stated Paul is a young man and worked for recreation commission and aware of the workings of the commission and think he also will be a very good addition.  Councilwoman Denski stated she agrees and as liaison looks forward to working with him.  Vote:  unanimous.

Councilman Gianesini rejoined the meeting.

*Appoint Judy Giguere as Town Historian; Term to Expire – Indefinite – Mayor Festa stated this term is indefinite until such time as the person is no longer qualified or she herself decides to terminate the appointment
MOTION:  To appoint Judy Giguere as Town Historian with an indefinite term until such time as no longer qualified or she decides to terminate the appointment, by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  Councilman Gianesini stated from background looks like well qualified to fill the position and wish her successful work. Councilwoman Jandreau stated in background noted she has an Associates and Bachelor in science and history which makes her a very good candidate for this.  Vote: unanimous.

9. Take Action To Refund Property Taxes:  David Cota, $10.15; Mark/Beth Gagnon, $26.94; Kelly Laprade, $170.07; Gina Ray, $31.00; Carolyn/James Thompson, $18.00; VT Inc TSTEE Wolt, $115.25

MOTION:  To refund property taxes to: David Cota, $10.15; Mark/Beth Gagnon, $26.94; Kelly Laprade, $170.07; Gina Ray, $31.00; Carolyn/James Thompson, $18.00; VT Inc TSTEE Wolt, $115.25 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Jandreau stated for the public interest think we should state when we refund whether real tax or personal property.  Councilman Sekorski stated refunds are generally autos which is personal property.  Vote: unanimous.

10. To Discuss and Take Action On Recommendation Of Ad-Hoc Committee On Blight – Mayor Festa noted the group is here this evening, Barbara who is Chairwoman of that committee, who worked diligently to bring forth the proposal in draft form tonight.  Keith Golnik asked did you table this at the last meeting.  Mayor Festa stated the issue at the last meeting was to present this item for the purpose of presenting it to the Town Council and the first time it has been presented to us and receiving only.  Councilwoman Jandreau stated there was no vote to table.  Barbara McClellan, 5 Club Lane, stated as you know they worked almost a year and basically came up with, it is a two part.  Organized and after examining it we found there is very little wrong with ordinance itself but bigger problems come in with enforcement of it and will spend more time discussing changes in enforcement of it and there were a few things did differently in ordnance.  Property Maintenance and Code Enforcement and it was called Blight Abatement and reason for change to be good is because when say blight you think of worst situations and most often not case with blight. In Section 8-24 of the actual code itself down where says “State of Disrepair or becoming dilapidated”, page 3, changed as you had two or more vehicles, one or more of the following conditions, it used to be two or more and feel one condition leads to another and we felt one is enough. Same with the cars it used to say two or more and we suggest one or more. On page 4, “This Ordinance shall mean “(blank) through (blank)” it is 760-773 and that covers the entire Ordinance.  The biggest change in actual Ordinance is the fining system. As I recall the old one was $100 initially and $100 a day and changed to $25 initially and $25 a day for a maximum of $1000 or 40 days. There were a lot of thought and discussion and what the town would want, we hope as citizens; we want blight or infractions cleaned up and not a lot of money.  If you take to court and fines are too high the judge tends to throw out and this is our recommended amount.  That is it on actual enforcement.  How do you enforce it and where the town has fallen through the cracks as most of the towns have as we examined many enforcement town codes. And best way to go about this is to form an enforcement committee, 7-70 on page 7, and basically have the Mayor or designee and group of people get together and they actually meet monthly to discuss with each other is it health violation, building violation, whatever department this belongs to, this meeting gives control and then take care of it from that position and that way nothing gets through the racks and easier follow through.  If people do not comply you take them to court and you do have a way of collecting it back from the taxpayer.  The appeals, expenses and all those things are not much different than what was before and that is what we did in last 9 months.  Councilwoman Denski: (a) technicality in word “slums” pertains to more of a densely populated area and sounds slang or stereotype and did you put thought into that word, page 1.  Barbara stated the Declaration of Policy is taken out of the blight abatement ordinance and already there. (b) Page 2, at bottom #2, “Any attractive nuisance” can you define that. Barbara stated this is what a nuisance is and legal mumbo jumbo.  Councilman Gianesini stated for example if a bunch of kids are walking around and something gets attention, let’s go there or it will attract rats because you left material out and what meant.  (c) In 7-65 on page 5, again this might have been there, “Where weekly curbside pickup of garbage, refuse and rubbish is not available” and it gives the rest of the definition. Does not specify, loophole, if you have curbside you can keep it anywhere.  Barbara, that is issue to ask Sal about.  Sal Vitrano, town attorney, stated good point and shouldn’t limit it to where weekly curbside pickup is not available; it should say everybody should have a place and something you guys ultimately can adjust as a result of public hearing and your discussions.  Councilwoman Jandreau stated on the next paragraph it does clarify.  Barbara read into record “An operator or occupant of a dwelling shall have the duty and responsibility of removing garbage, refuse and rubbish generated by him to the curb on the day curbside pickup is scheduled in closed containers intended for that purpose.  Where weekly curbside pickup is not available, an operator or occupant of a dwelling shall have the duty and responsibility to remove garbage, refuse and rubbish generated by him to the place provided by the owner or to arrange with the owner for its transfer for safe and sanitary disposal.”  Attorney Vitrano stated, yes, but thinks Jacqui’s point well taken and will take a look further.  (d) Again all in wording, in 7-67 “The violation of this provision shall be punished by a fine of twenty-five ($25.00) dollars.”  And again later on it says with regard to warning and does not clarify how much of a warning.  Barbara because paragraph pertains to fined amount.  Councilman Gianesini (a) Technical questions, page 5, references to every dwelling owner and “exposure to public view before transfer for safe and sanitary disposal”; getting rid of garbage “arrange with the owner for its transfer for safe and sanitary disposal” and he had complaint early in spring on the house that burned on Bemis and Armbruster and had a couple dumpsters sitting out front for demolition material for months and putrefied and raccoons in  there and complaint and he got involved with TAHD sanitarian and eventually the bank because it was foreclosure deal, the bank had the house torn down and old car and trash removed; but think this would mean somebody with dumpsters if putting garbage in satisfies but should put in there “dumpsters be removed in a timely basis”.  If it sits and rots you will have other problems and do not know when lawyer looks it over he will figure out if important or not. (b) Another suggestion is to define condition of blight and siding falling off and broken windows.  Barbara, “State of Disrepair” on page 3.  Councilman Gianesini stated, yes, just for what happen in older homes, item 2 near bottom “collapsing or missing walls or roof” and might also add “Chimney” in there as grout starts to go and sag and very dangerous with safety hazards such as when the Town took one down near old Eagle Lock.  (c) Also, policy on page 7 where it has extenuating circumstances, item c and you have 1-4 and things take into consideration when a person has problems and finally arrange to have clean up done, for example, item 4, “The property owner is elderly on a fixed income which would pose a severe financial hardship to comply with remediation”; just want to assume you want to make clear if health and safety violation in place just because elderly you will leave there if danger to public and the town would have to clean up and put lien against property.  Barbara responded that is if they go to Board of Appeals; argument if old or on fixed income and it is determined if elderly and on fixed income the town has to step in and help and that goes back to the committee to talk about.  This is how important this committee of different departments because they may have funds or resources to help individuals.  Councilwoman Schenkel:  Did best to attend blight committee as their pseudo liaison and they ran a nice tight commission and a pleasure to work with them. Very good job.  Enforcement question, section (b) talks about the building official “has reason to believe that an Owner has violated the provisions of this Ordinance, the Building Official shall serve a notice of violation and an order to correct such violation on the owner of record of the real property via certified mail.”  Later on it says “A copy of the order shall be filed with the Town Clerk”; would it be prudent to stamp it with the Town Clerk prior to mailing it as one issue with the other blight ordinance was notice.  Barbara, that is taken care of right in the committee as what will happen you get citations and those are supposedly if we can manage to do that, is done by police department who have a blight officer who will serve citation and bring to the committee or vice versa and eventually part of the file. Councilwoman Schenkel stated you did a real good job in giving due process to residents and a lot of notice and opportunities, for example response is 60 days and very generous.  Barbara stated there were 6 on the committee and you give and take and this is what we came up with and feel fairest.  Biggest goal and keep in mind was the goal of cleaning up the town and how can we get done as fairly and inexpensively as possible. Councilman Sekorski:  (a) Page 7 section 7-70, you said were where the most changes and did not look at original; did you rewrite that section and is this fundamentally what is in there now or did you use another source document from another town.  Barbara stated they used Bristol’s town code enforcement as a model and adopted some words; for example, Bristol’s does not have 3 people from the town, 3 regular citizens, just all officials and we feel if you have 3 of our own citizens involved it makes it more fair.  (b) Your source document was Bristol ordinance.  In terms of enforcement, we had you had mentioned support from counsel for attorney and did our attorney participate in this discussion within this section because concerned about our ability to provide the committee the authority to do this enforcement.  Attorney Vitrano stated, answer is yes to both questions.  He did participate and used the Bristol ordinance as guideline and reason for that is Bristol has had a lot of experience in this ordinance and they have been effectively utilizing and implementing their anti blight ordinance for about 4 years and they have gone through two iterations based on a couple of years experience and settled on for the most part the principals embodied in 7-70 and worked with and discussed with the corporation counsel in Bristol who is responsible for drafting the first ordinance.  Somewhere at some point somebody came up with ideas and model, revised; modeled, revised, and worked in figuring out why did what did and fitting it in large part to what your committee wanted; he did language and they determined.  This has been tested and effective. (c) Is there case law or laws on the books that enables the Council to give the committee the authority to pursue these methods of collection and enforcement.  Attorney Vitrano stated, yes and ultimate authority of Council is passing of ordinance; structurally, nature of ordinance tested and courts favorably dealing with.  Councilwoman Denski (a) say if point where you have to take down a building and per see someone upset and townspeople part of committee and what happens is lawsuit, how are they covered?  Attorney Vitrano stated there is statue that provides for indemnification of all volunteers, all of the volunteers on boards and commissions in town are covered by indemnification statue which basically says if Jim at Inland Wetlands and decision he makes upsets someone and lawsuit filed and filed against town and Inland Wetlands commission and all of the individuals, the Town has obligation by Statute to defend all of those individuals and would apply in this case as well.  Sometimes your insurance policy kicks in and provides coverage; Statues indemnifies all citizens when volunteering in the capacity of a volunteer in boards and commissions.  (b) What you are saying is the Ordinance by us approving we give them full.  Attorney Vitrano stated you create the mechanism in that ordinance for creation of mechanism for Ordinance.  You have to go through ordinance procedure and cannot approve tonight.  This is revocation of ordinance.  As stated there is a fair amount of due process opportunity for notice, appeal, notice of failure or denial of appeal and ultimately a homeowner can take the decisions of appeal board to court.  Due process in layman’s terms means it makes it fair.  It is a procedure created that makes the situation fair to people who are involved. The court has looked at this and at these types of ordinances and can say this is not fair process for people who is getting subject to these actions and the court will require that there be due and fair process given to those who are involved in system. We think we have provided that and looks like it and the court passed it as being proper due process.  Barbara, add with this committee is not just 3 people from town and when you have Chief of Police, Zoning officer and they have codes and laws of their own and if get that far you have trusted people who know what they are doing and what laws are being broken. You will not go willy nilly through town and there is a lot that goes in to make sure individuals are protected.  Councilwoman Schenkel in one meeting you wanted town resident to be a layman’s advocate for that resident so that they could explain from a town’s person point of view the difficulty they may be having and help them network and get help with problem as going through due process. In due process it is burden of the government who has burden of proof.  There is a tremendous amount of communication with homeowner before results in decision one way another. Councilman Sekorski asked to clarify for Jacqui that his concern was does the ordinance provide the proper legal backing for us to form that and that was answered and this in no way enables us to bulldoze people’s houses down. And this is the legal protection and understand concern. What he liked about this is formation of committee that establishes a better concept of notice; we got in trouble with ridiculous fines and improper property owner notice. This describes various level of nuisance; blight takes all forms, not just houses or health hazards and commends the committee as it appears as though we have a workable formula.  Bruce LeBeau,4 Terry Drive, knocking down houses is not intent, it is a last resort; our intent is to work with people to get things cleared up; we do not want to be bad guys and do not want on to make money on this.  We want to work with people to get issued cleared up.  Barbara, this is not part of the ordinance as why need to speak differently.  After work was complete we took time to decide as it would be remiss not to give suggestions as how to make this work quickly and do want Council to consider to change from Blight Abatement to Plymouth Code Enforcement Ordinance.  In order for this to be successful you have to carve out the time for monthly meeting with appropriate people and to find a way to fund endeavor.  One recommendation was to have bulk pick up twice a year because if that can happen it will eliminate a great deal of blight throughout the town.  If we do that and charge residents a yearly fee at the transfer station than you eliminate bulk fees for wood and things like that and think it would save the town money.  Lastly one of the things that can get started quickly is if you start right away with unregistered vehicles because you either register the vehicle and they go on the tax roles or get rid of them; and either way you empower the people as if they want to keep them, they go on the register and pay taxes or it gets cleaned up.  Suggestions to help get this ordinance started. Thank you for gift of your attention and thanks the committee as they were great to work with.  Don Souza, clarify one point, the unregistered vehicles meaning not put them on the motor vehicle roles but register with town clerk as unregistered personal property, 50 Eastview Road; or register with tax assessor.  Barbara introduced committee:  Larry Deschaine, Brian Barnes, Don Souza, Bruce LeBeau and herself.  Keith Golnik, 46 Orchard Street, Vice Chairman of Police Commission stated he spoke with Chairman Tuleja and a few concerns on ordinance.  One, it creates a code enforcement police officer and kind of wondering how that works as in order to create a position in police department they need to create a general order, then job description created, then to union and Mayor’s office for negotiation to create position. They have been waiting 3-4 years for the union and Mayor’s office or whomever does the negotiating to create a animal handler’s position for a police dog and also recently for an animal control officer that would be a police officer with animal control responsibility. Curious as to the process involved and also we would have liked to have had some input into ordinance process when it came to that position and wondering how much time that would take up for blight enforcement police officer position and curious in the amount of hours it would be for Chief and this position created by the ordinance and to let you know it takes time to create a position.  Thank you.  Bruce LeBeau stated before starting they met with all department heads including the Chief and she assured them there would be a person available on an as needed basis and think they had the cooperation of all department heads listed here.   Mayor Festa stated the issue at hand is they are not creating a new position in police department.  Bruce stated if we need an officer on a particular day for half an hour or an hour, she pretty much assured us she would have someone available.  Councilman Gianesini stated we have Dave Elder who is the enforcement officer in the Building Department and assumes he would be knowledgeable enough, appears to be very knowledgeable with statue statues and building codes, where he would be able to do this work and in instance where property owner was not cooperative and need court order of have an officer go with him for safety and to enforce it, think that would be as needed basis.  Does not see any sense to have a police officer in a town this size to do this type of work.  We have enough well qualified, professional people that know what they are doing within the building department, public works, building inspector.  Mayor Festa stated one of the main functions of the building inspector is to take care of blight issues and if need to go forward with a presentation of a summons, etc. you would have the ability of a police officer to attend to issue summons to that party.  Councilman Sekorski stated we should look at language in 7-70 which creates perception there is a code enforcement police officer and need to clean up language. Mayor Festa, relative to code enforcement committee is nothing more than blight committee made up of various departments, someone from police, public health, etc. and difference here is when time it comes time for issuance of a summons relative to is when we ask a police officer to do that function and something they regularly do under enforcement.  Councilwoman Jandreau (a) that officer to what read here, that officer would be part of that committee.  Bruce stated the Chief and/or his/her designee; need to fix language.  Barbara, what that boils out to be is there may be one police officer in the police department who once a week gives out citations as needed and that person does not require new job description.  (b) It says here that is made up of Code Enforcement Committee and that denotes you have one person to attend monthly meeting in addition to the Police Chief.  Barbara stated that is correct, the Chief would pick one officer to be her Code Enforcement Officer; Councilwoman Schenkel stated than that would deal with the union.  Keith Golnik stated if you had one person handling you would run into problems with scheduling and concur you need to look at language and that we don’t get into bind. Mayor Festa stated one issue to look at is we have officers on rotation schedule and also have discussion in negotiations to animal control/police officer and opportunity to use those individuals to serve summons; we are not creating position for solely enforcement officer and not intent, but intent to have someone from the police department available to provide for summons if necessary.  Councilman Gianesini stated brought up good point regarding issue on bulk pick up and the way transfer station is handled regarding the fees and a number of different ways to look at things where you could have people who don’t have truck to haul away on periodic basis call up at certain times a month or every quarter the town crew would charge a nominal fee to put a fair amount of material on the truck and subsidize their cost of doing this particular service.  Remember, if people have a couch and they want to get rid of it in the dumpster, they will saw up in pieces and put in wood dumpsters.  There are a number of things going on and the town is making about $4,000 from scrap and if there are people who want to get rid of air conditions as town incurs cost vs. other people who take and turn over and they get paid.  We need to look at the whole situation and if somebody is getting rid of a dryer or washer and some value to that, and like mentioned by the committee, the purpose is not for the town to make money but facilitate getting rid of what is in back yards or dump by side of the road and a novel way and perhaps with Board of Finance and Public Works and Comptroller to look at how this can be done so it is workable and gets the job done.  Regarding recycling, we know the town pays tipping fee and we also have recycling which does not go to incinerator, but pick up and material is recycled and used over again.  On his street for example there are 3 house with one bucket vs. others with 3 buckets and they receive same reward as people who do not do anything and need to motivate to participate; those who routinely recycle they develop credits with Public Works and every year or quarter when participate you build up a credit and if get rid of couch or other equipment it does not cost anything. We need to motivate people and if offer, everyone would still not do it but feel we would see a significant increase in participation of those who recycled if get reward to do.  Martin Sandshaw, 7 Richmond Drive, Plymouth stated  to the Mayor and Town Council, thank you for putting together the ad hoc committee and thanked the Ad Hoc Committee for their effort.  Blight is an issue in our town as well as other 169 towns in the state. Great effort and only like to see defined more clearly is special consideration and if he may he would like to read into record this was blight ordinance adopted in Town of Guilford on Feb. 2nd, 09 and quoted section 4 Special Considerations, read into record.  Other than that thinks blight lots of time is circumstance beyond persons control and if we can give them some consideration and help them find solution we can go a long way in solving blight problems. Other thing, agree with Councilman Gianesini that we have to help people and encourage to recycle by educating and take and reward them for their efforts.  Thank you very much.  Melanie Church, 328 Main Street, me, I see some problems with this.  If you have a fire in your home, insurance companies aren’t moving quickly. If anyone thinks insurance company answers in month or two they are in for a rude awakening especially when it comes to fires that demolish a complete building.  I think there should be a section 8 here where if beyond control because of another agency which is the insurance company settling, should be considered in this because they don’t always move as quickly as people want and sometimes they have to go to court in order to get it settled and I think that is one of the most important things. I noticed here it says 3 residents to sit on this commission and I think also this should be 3 people not from the same area.  If you have 3 people from Lake Plymouth or 3 people from Fall Mountain or 3 people from the center of town you are gearing it toward a special interest.  I think they should have to come from 3 different areas and I think that is a way to make it so it doesn’t become a Gestapo especially in one area. These definitions, I went to your secretary, occupant as defined in Section 8-24. What is 8-24?  Is it state statutes?  Is it an ordinance?  Nothing is explained. I was told by your secretary that was the way the attorney put them in and it really doesn’t answer any question and I said at least on these definitions they should be defined or at least have a page where you could look to and see these definitions are.  Don’t know whether they are all state statutes, there is a couple in here that do state CT State Statues but it doesn’t say it here.  Councilman Gianesini stated it is here and should be put in parenthesis and say as per code, housing code, section 8-24.  Melanie Church, but what I am saying is what does it say here on your pages, page 3 as defined in Section 8-24, where?  It should be here though on here.  Nobody knows what they are looking for if they see 8-24.  That is what I am making as a recommendation.  Because you don’t know what the definitions are.  I also would like to see a thing put in here that if any or part of this ordinance by a court of law is found to be illegal or unenforceable that it needs to be repealed and redone again.  Thank you.  Brian Barnes, 23 Fall Mountain Terrace, the board did take into consideration hardships and I was the one who was against it because it opens a can of worms but the housing appeal there you can go to them and they can give you up to 180 days plus the 15 days plus so you are talking well over 200 days which is 2/3 of a year before something has to happen. We also said if hardship the appeals can suggest you use boys/girls club and we did not want to get involved in that and say this is different codes in town for us and the board of appeals would handle.  We did look, did discuss and agree with Don.  Councilwoman Jandreau, wouldn’t that come under you financial hardship if you wait for insurance company?  Brian stated yes but handled by board of appeals.  Cathy Kosak, 201 Harwinton Avenue, (a) is this available for the public to look at now? Is it on line?  Mayor Festa, yes, and in Town Clerk’s office as well.  (b) I am a little concerned, and get it that there are some areas they pile junk cars and it really smacks a lot of big brothers and you said it was based on Bristol.  I read Bristol just passed the ordinance and if grass is higher than 8” it is blight and the type of things that concern me. If you have a property and someone comes in with a high price development around you and you have a lot that you always let go natural.  One then decides to complain, are you going to be in violation of the blight ordinance?  These are the types of things that concern me because we are not West Hartford.  Barbara McClellan responded that is in here and they were very concerned. (c) will the public vote on this or does the Council because if it is an Ordinance, the Council does, correct. Mayor Festa, we have to hold a public hearing.  (d)  You know how many people show up at a public hearing. I think one unregistered vehicle in unreasonable and if you have anyone into restoring cars that is unreasonable.  Pattie DeHuff, 20 Lynn Avenue, this is the work of the Charter Revision Commission.  I wanted to draw your attention to the Charter page 56, Chapter 9 Section 6.  At the very bottom of the page “Existing laws and ordinances” this is in response to something Melanie just said, “All general laws of the State of Connecticut applicable to the town and all ordinances of the town shall continue in full force and effect” blah blah blah.  If you turn to page 58 under Chapter 9 Section 9, “If any section or part of any section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter”, etc. etc.  so I think her concern is already addressed in our current charter.  Barbara McClellan, and Melanie I want you to know if you would read Section 7-63, page 4, it states very clearly that a “Higher standard to prevail in case of conflict with other laws or ordinances, preemption by the state” and it quotes state statues and all of that and this ordinance includes the standards higher, lower etc and it absolutely does cover the question you had about if it was illegal.  Melanie Church, I think we need, the way I am reading higher standard to prevail says it does not matter what a court or anyone else says.  If you feel it is a higher standard than it stands whether it is legal or illegal and I ask for the attorney’s opinion on that.  Sal Vitrano, the issue in Melanie’s mind is if a court of competent jurisdiction determines to take any provision of this ordinance invalid, the whole ordinance should become invalid and that is not typically the way these matters are handled.  It is more typically as described in the charter if a particular provision is deemed to be invalid that provision is invalid and the remainder of ordinance stays in effect, the lesser of the two is determined null.  I have not reviewed this recently and I do not know if there was that same savings clause but I think if not I would bet that there is a general savings clause in the ordinances and if there is not I would certainly would put a general safety clause in this provision. The policy decision is whether you wanted to add one as suggested, one provision is the deemed to be invalid the whole thing is invalid, or one provision is invalid and remainder valid.  Decision of council who will pass on the overall language of this ordinance and to the Mayor, much of what is being discussed today is more appropriately discussed in the public hearing as that is precisely what the public hearing is designed to do.  This is really just the first presentation to the board and you might want to make everyone know they will have time at pubic hearing to make comments again in addition to others.  Mayor Festa thanked the commission for the wonderful work that has been done and appreciate the time and effort put forward. 
    MOTION:  To schedule a public hearing to hear public comment on this blight ordinance and looking at a date of October 19th which is a Monday evening by Councilwoman Schenkel, second Councilman Sekorski.  Discussion: Councilwoman Jandreau stated she has a WPCA meeting that night
    Councilwoman Schenkel withdrew her motion and Councilman Sekorski withdrew his second
    MOTION:  To discuss dates that the Council find favorable to hold a public hearing on issue; Mayor Festa stated he needs to publicize the motion under a legal notice and need 10 days period of time and suggest to look further toward the end of the month by Councilwoman Schenkel; second Councilwoman Jandreau.  Discussion:  October 20th suggested by Councilman Gianesini.  Vote:  unanimous.
    MOTION:  To hold a public hearing on October 20, 2009 at 7 p.m. in the Community Room on the recommendation of the Ad Hoc Committee on Blight, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.

11. To Enter Into Executive Session To Discuss Litigation – MAFCO vs. Town of Plymouth MOTION:  To enter into Executive Session at 8:49 p.m. to discuss litigation, MAFCO vs. Town of Plymouth inviting the Mayor, Town Council and Town Attorney by  Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.Mayor Festa called the meeting back to order at 9:05 pm

12. To Take Action, As May Be Necessary, From Executive Session

MOTION:   To settle MAFCO vs. Town of Plymouth $100,000 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.

13. Liaison Reports

*Council Denski – Board of Education report given noting recognition of new school staff; ING unsung hero award was presented to Mr. Nave at THS WWI and WWII restoration and grant to bring students to Washington DC for restoration of monument; teacher of year to Mrs. Wessman; new sign at THS has been installed; Parks and Recreation update; Library Board, book sale Oct 16-17, internship program for high school student has been implemented.

*Peter – WPCA cancellation; Inland Wetlands, routine meeting; Planning & Zoning, heavy schedule; SBC, temporary c.o. extension until end of school year; had a tour of sewer treatment plant exceptional and very complicated facility in complying with state mandates

*Councilwoman Jandreau – Human Services, no meeting; Fire Commission, Chief’s report is in Plymouth Connection, Fire Marshal report read into record; I/W, Housing Authority attended; Planning/Zoning attended by Peter; Public Works, Tony Lorenzetti report read into record; James Schultz, Highway Superintendent, report read into record.
Mayor Festa stated hours at brush dump as of this Saturday is 7 am-4 pm through October for purpose of leaf collection due to fact a lot of construction and hours reduced for fall clean up.

*Councilwoman Schenkel – excused by BOF to attend their meeting as it was her 27th wedding anniversary.

*Councilman Sekorski – no report.

*Councilwoman Jandreau – also attended EDC meeting.

14. Public Comments
    1. Melanie Church, 328 Main Street, understand that tax sales are coming up and would like to know if that money that comes from tax sales is going into general fund as we the taxpayers have been paying it for several years.
    2. John Wunsch, 10 Armbruster, at next SBC asking that letter be sent to Lauretano for donating sign and can the town send a thank you.  Mayor Festa stated a thank you note already went off a while back and will do another one as well. Did speak with Joann and there will be photo op later this week to have SBC members, Superintendent, Lauretano to take picture. Well deserved public accolade for Lauretano for job done and appreciate suggestion.
    3. Keith Golnik, 46 Orchard Street, can you update on standing of PSS proposed purchase bid thing.  Is there a public hearing or in any process. Mayor Festa stated Council had a public forum for people to address; Council has not taken issue and will be forthcoming at which time the Council will make decision.  Keith, believe expiration date some time in mid November.  Mayor Festa stated there is an expiration date.
15. Council Comment
    1. Councilwoman Jandreau – for Keith – at the last meeting who tabled blight, motion read into record. And there was no table.  Thanked the blight committee for their hard work and they did great job.  Had opportunity to attend the Plymouth Fire Company anniversary dinner and as usual a great job and great bunch of guys; we are lucky in this town to have a volunteer fire department who works hard and are good to everybody.
    2. Councilman Gianesini – based on news from Cathy Kosak, on his street a property operated as salvage yard and zoned RA2 and notice odor which was insulate and heavy gauge copper wire burned in heavy drum – described;  does not think that anybody can do what they want on property when endanger community.  Believe blight ordinance is important; there are extremes on one side when people doing things know shouldn’t, but do not have right to endanger community and population in general.
    3. Councilwoman Schenkel – every time w have charter revision members point out we miss a deadline and true, we did. Impact is that all the recommendations by Charter Revision get to be put forward to a vote; all proposals are being put forward to community.  There are certain words the law looks at  and cannot use terms as subvert or subversion and take great exception as to characterization taken tonight and ask the Mayor that have proof brought forward and investigation and if not, explore options for recourse of this Council.  Thank the community for privilege and honor to serve last two years and proud of what these people have done and say that even our opponents are a good group of decent people and no matter what happens on November 3rd the Plymouth community will benefit.
    4. Councilwoman Denski stated she cannot make the Parks/Recreation meeting on Thursday if anyone available to cover let her know.
    5. Mayor Festa, one issue on public awareness, held flu clinic on 28th and had 325 participants and the next flu clinic will be held for seasonal flu and as of this afternoon, Tony Orsini and himself sat on teleconference on H1N1 and things up in the air and slowly doling out vaccines and do have categories, reviewed.  There have been 60 deaths of children and 28 pregnant who have died from H1N1. Vaccine for CT will ship from federal to state level and will set up workshops relative to flu clinics.
16. Adjournment

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

1. The Regular Meeting of the Plymouth Town Council was called to order on Tuesday, August 4, 2009 at 7:00 p.m. in the Plymouth Town Hall Community Room by Mayor Vincent Festa, Jr.  Members in attendance:  Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeanine Jandreau, Councilwoman DiAnna Schenkel, Councilman David Sekorski, Mayor Festa.  Also present, Robin Gudeczauskas, Clerk of the Council; David Bertnagel, Comptroller; Tony Lorenzetti, Director of Public Works.

2. Fire Exit Notification
3. Pledge of Allegiance
4. Acceptance of Minutes of Special Town Council Meeting, June 22, 2009; Regular Meeting, July 7, 2009; Special Meeting, July 20, 2009
   Special June 22, 2009
         MOTION:  To accept the Minutes of the Special Town Council Meeting of June 22, 
         2009 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:    
         Councilwoman Schenkel, item 10, section b.  insert “the audience” may agree to  
         disagree” delete “whether” and insert “with” and insert “Town council’s”; read into  
         record the complete sentence to be: “agrees with Jeanine and Charter Revision did a
         wonderful job and the audience may agree or disagree with the Council or in the
         audience and Town Council’s intent is to do what is right by town.”
         MOTION:  To approve with corrections by Councilwoman Jandreau; second
         Councilwoman Schenkel and the vote unanimous.
   Regular Meeting July 7, 2009
         MOTION:  To accept the Minutes of the Regular Town Council Meeting of July 7,   
         2009 by Councilwoman Schenkel, second Councilwoman Jandreau.  Discussion:   
         none.  Vote unanimous.
   Special Meeting July 20, 2009
         MOTION:  To accept the Minutes of the Special Town Council Meeting of July 20,    
         2009 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion: 
         none. Vote:  unanimous.

5. Council Rules and Procedures - none
6. Public Comments on Non-agenda Items
7. Mayor’s Report – Correspondence/Discussion on Various Items:
   1. Historic Property Commission request for appraisals for BJ Tool Company property; minimum of three; appraisal work will begin within next two weeks – part is under the application of waterwheel grant and appraisals are being done by three appraisers by request of  the State.  Reports will be sent to the Historic Property Commission and from that Commission will decide what the next move will be.  The appraisals will come in and be presented to the State under the grant for consideration of payment.  Once that is done and accepted, we will next discuss potential purchasing of the property from the owner.  Before anything is done it has to go back to the State under procurement procedures; this does not mean the State will fund any or all of the purchase.  It is up to them to decide what the percentage will be if any at all.
   2. Legal notice for “RFP’s” for school buildings; accepting proposals for consideration; received three inquiries to date and have toured facilities, making inquiries; one have had sealed bid come in so far.  Once this process is over, the Council will be apprised of what is taking place and will hold a pubic hearing on the issue once the Council and the Feasibility Commission have reviewed paperwork.
   3. Latest word on State budget; looking toward October for budget settlement and impact is talk on increase in taxation for the purpose of providing services and monetary returns to communities.  Other concern is whether we will be funded at 100% of what we had last year for equalized cost sharing (ECS).
   4. Landfill closure is in progress – moving forward quickly; Tony Lorenzetti noted it is closed on Wednesday until further notice.
   5. Fall Mountain Water project road work almost complete – almost complete and great tribute to public works department and employees; and residents have called in positive comments.
   6. Water Wheel project update; state DEP working with town to clarify Brownfield’s issues surrounding site; received approval for BL Company to continue with all four phases of project -  Hart property had contamination as well as Belonick and now looking at BJ Tool and then Kirkwood which seems to be area with major problem.  Have discussed with the State who is reviewing reports.  Had meeting with Art Bogan, from Brownsfield’s issue, and he will come for follow up meeting and the State will be back in to look at issues and then come forward to the Historic Property Commission to present reports to decide where to move from in this direction forward re DEP regulations holding us accountable to that site and not disturbing anything on that site until clarification from the State.  Issue re overgrowth of weeds, vines, etc. and the slabs in ground where we took down buildings around those slabs.  There is nothing we can do until DEP says we are allowed to cut vegetation and/or remove slabs because of contaminants in those areas.  Some people have called about very serious concern on vegetation and not taking care of it, but as pointed out to them, we have been under strict orders until such time DEP releases us from orders there is nothing we can do but hold.    
   7. Vacancies on Boards/Commissions:  Plymouth Volunteer Ambulance Corps; Capital Improvements Commission; Conservation/Inland Wetland Commission; Town Historian; Plymouth Housing Authority; Housing Board of Appeals; Human Services Commission; Parks/Recreation Commission; WPCA – have compiled list with the Town Clerk on openings and if any interest please send in for application.  Councilwoman Jandreau clarified Housing Authority can be filled by person who live at Gosinski Park.
8. Appointments/Resignations
   To accept the resignation of Grace Spring as Town Historian effective 8-4-2009 – Mayor Festa stated as a member of the community, BOE and writings of Marcella Mouse and works as Town Historian, Grace will be missed and accept resignation with deep regret.
   MOTION:  To accept the resignation of Grace Spring as Town Historian effective August 4, 2009 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Jandreau stated loves books as much as her children.  Mrs. Spring took over when Matt Malley moved out of town, approx. 10 years, and is a wonderful person and will be sorely missed.  Councilwoman Denski stated her fondest memory is when she went on a hike to Tories Den and Mrs. Spring had more stamina than she and her daughter and with deep regret accepts resignation.  Councilwoman Schenkel, Mrs. Spring was her teacher and amazing teacher and inspired love of learning and compassion for children and truly example of what town represents as good decent people.  Vote:  unanimous.

9. Take Action To Refund Property Taxes:  Defrim Arapi, $74.95; Christopher L. Cole, $182.46; Paul F. Garber, $20.50; David J. Simpkins, $85.34; VW Credit Leasing Ltd, $98.28; DCFS Trust $329.86
   MOTION:  To refund property taxes to Defrim Arapi, $74.95, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.
   MOTION:  To refund property taxes to Christopher L. Cole, $182.46, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.
   MOTION:  To refund property taxes to Paul F. Garber, $20.50, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.
   MOTION:  To refund property taxes to David J. Simpkins, $85.34, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.
   MOTION:  To refund property taxes to VW Credit Leasing Ltd, $98.28, by Councilwoman Jandreau; second Councilman Gianesini and the vote unanimous.
   MOTION: To refund property taxes to DCFS Trust, $329.86, by Councilwoman  Jandreau; second Councilman Gianesini and the vote unanimous.

10. To Discuss and Take Action On The Resolution Authorizing Chief Krasicky To Enter Into Agreement With The State of Connecticut OPM Recovery Act
    Chief Krasicky stated she is here to answer any questions. This grant authorizing her to be project manager to authorize and administer funds. This grant will give her department the opportunity to take $30,000 grant from the State of CT to purchase mobile data terminals for police vehicles which basically will increase the efficiency of the information officers receive from dispatch for motor vehicle information, for NCIC information, allow them to complete reports in the vehicle which will keep them to be on the road more, for more visibility and overall contact with the community and increase and improve service to the community.
    MOTION:  Councilwoman Schenkel motioned to enter into and take action to approve Resolution, second Councilwoman Denski.  Mayor Festa into record “I, Vincent Festa, Jr., Mayor of the Town of Plymouth, a municipality organized under the laws of the State of Connecticut, hereby certify that the following is a full and true copy of a resolution adopted at a meeting of the Town Council of the Town of Plymouth, duly held on the 4th day of August, 2009.”  Resolution is as follows:   “Resolved that Chief Karen Krasicky is hereby authorized to make, execute and approve on behalf of the Town of Plymouth any and all contracts and amendments and to execute and approve on behalf of this municipality other instruments a part of or incident to such contracts and amendments, effective until otherwise ordered by the Town Council with respect to the State of Connecticut Office of Policy and Management Recovery Act:  Connecticut Local Pass-Through Justice Assistance Grant (CT Local JAG) SFY09/10  Also, I do further certify that the above resolution has not been in anyway altered, amended or repealed, and is now in full force and effect.  In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Town of Plymouth this 5th day of August, 2009. ”  Discussion:  Mayor Festa stated you have heard the Resolution and capitalization of the correspondence that has to go back to the State and called for a Roll Call Vote:   Councilman Sekorski, yes; Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes.
    Mayor Festa stated the Motion carries 5-0 to approve the Resolution.

11. To Discuss and Take Action On The Resolution To Authorize, Issue and Sale of Town of Plymouth General Obligation Refunding Bonds Not to Exceed $18,000,000.00.
    David Bertnagel, Comptroller, stated this Resolution is to authorize the issue and sale of bonds and general notes refunding bonds which is a recommendation from our financial advisor and bond counsel to do this.  Asking Council to give authorization to himself, and the Mayor to look at all of our debt outstanding and reissue at lower rates.  Does not mean this week but does give the authority to do so when the time is right to get best bang for buck and save money for the community. Councilman Sekorski (a) thank you, it is not necessary to redo all bonds at the same time but intermittent decisions made.  Dave Bertnagel stated some bonds may be able to do at lower rate and then we will do; most are in 4-5% range and right now rates are in the medium to low 2’s and 3’s and if we can finance some of that it will be advantageous to this community.  (b) Any restrictions on current bond issues in terms of timing and penalties; Dave Bertnagel stated only one issue aware of where we had refinancing back in 2004 which now we are eligible as after a 5 year period.
    MOTION:  Councilwoman Jandreau motioned to approve the Resolution as read into record “Resolution with respect to the authorization, issuance and sale of not exceeding $18,000,000 Town of Plymouth General Obligation Refunding Bonds. Section 1. Not exceeding $18,000,000 General Obligation Refunding Bonds (the “Refunding Bonds”) of the Town of Plymouth (the “Town”) may be issued in one or more series and in such principal amounts as the Mayor and the Town Treasurer shall determine to be in the best interests of the Town for the purpose of maximizing net present value savings and/or to moderate debt service payments.  The Refunding Bonds are hereby authorized to refund all or any portion of any one or more series of the Town’s outstanding general obligation bonds (the “Refunded Bonds”).  The Refunding Bonds shall be issued and sold either in a negotiated underwriting or a competitive offering, and at such time or times as the Mayor and the Town Treasurer shall determine to be most opportune for the Town.  Each series of Refunding Bonds shall mature in such amounts and on such date or dates as shall be determined by the Mayor and the Town Treasurer provided that no Refunding Bonds shall mature later than the final maturity date of the last maturity of any Refunded Bonds being refunded by such series. The Refunding Bonds shall bear interest payable at such rate or rates as shall be determined by the Mayor and the Town Treasurer, shall be executed in the name and on behalf of the Town by the manual or facsimile signatures of the Mayor and the Town Treasurer, bear the Town seal or a facsimile thereof and be approved as to their legality by Robinson & Cole LLP, Bond Counsel.  The Refunding Bonds shall be general obligations of the Town and each of the Refunding Bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon.  The aggregate denominations, form, details and other particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Mayor and the Town Treasurer.  The net proceeds of the sale of the Refunding Bonds, after payment of underwriters’ discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the Refunded Bonds to maturity or earlier redemption pursuant to the plan of refunding.  The Mayor and the Town Treasurer are authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related agreements necessary to provide for such payments on the Refunded Bonds and to provide for the transactions contemplated hereby.  The Mayor and the Town Treasurer are authorized to prepare and distribute a preliminary and final Official Statements of the Town for use in connection with the offering and sale of the Refunding Bonds, and they are hereby authorized to execute and deliver on behalf of the Town a Bond Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement and such other documents necessary or desirable for the issuance of the Refunding Bonds and the payment of the Refunded Bonds.  Section 2. This resolution shall be effective until June 30, 2010.”  Seconded by Councilman Gianesini.  Discussion:  Councilwoman Schenkel stated she thinks this is a wonderful way of being proactive and we know that we cannot just simply balance our budget by collecting taxes, that we have to do other measures to help bring down some of our debt and the cost of our debt and commends the Mayor and Treasurer for looking into this possibility and thinking about it ahead of time.  Councilman Gianesini stated for people watching this on cable, this is similar for person refinancing home mortgage and if closing costs are such can get money back from lower rate, people will be ahead of the game and this will be decided on each individual case.  People should understand this is not new bonding and where possible a lower interest rate and money paid out of bonding part of budget will be lower.  Patti DeHuff, 20 Lynn Avenue, likes Councilman Gianesini’s analogy and this is nothing like home equity where you take additional monies to pay, and there is no new bonding whatsoever.  Roll call vote: Councilwoman Denski, yes; Councilman Gianesini, yes; Councilwoman Jandreau, yes; Councilwoman Schenkel, yes; Councilman Sekorski, yes.  Mayor Festa stated the Motion carries 5-0.

12. To Discuss and Approve Year End Transfers And Additional Appropriations As Presented By The Comptroller.
    Dave Bertnagel distributed and reviewed “Deficits Summary” stating 08-09 budget ended June 30th, having gone through all accounts and balancing it out, noting at bottom of sheet, transfers requested of $557,685 taking into account requested a few months back an additional appropriation for snow/ice and motor fuels.  That takes into account he was able to find other accounts with surpluses in them and did transfers so no requirement for a town meeting at this point in time.  The BOF recommended transfers and we recommend back to them that they approve it.  Taking that into account, $557,685 and have $227,000 which was beyond control from snow/ice and motor fuels.  The rest of the m are salary driven line items, and as you recall contracts were settled last year after 3 years and had some discrepancies with line items.  Most departments did a great job in keeping expenditures down as best they could.  End of year audit projecting minus surplus and BOE has a minus surplus after all expenses came through.  At this point in time asking for authorization to move forward to the BOF for the request of transfers totaling $557,685 with the attached accounts on list.
    MOTION:  To recommend to the Board Of Finance the transfers as presented by the Comptroller by Councilman Sekorski, second Councilwoman Jandreau.  Discussion:  Councilwoman Schenkel stated as liaison to that Board she knows the BOF is aware and expecting the transfers.  Vote:  unanimous.
    Dave Bertnagel asked for additional appropriations which are non budgeted line items because revenue driven expenditures as well as grant approved for $50,000 for CCRPA for Land Use, as well as a $3000 account receivable for Hillside Cemetery for their operation.  Basically, we need the additional appropriation of $93,908 which is offset by revenues.
    MOTION:  To approve and send to the Board of Finance the total additional appropriation of $93,908 by Councilwoman Jandreau; second Councilwoman Denski.  Discussion:  Councilman Sekorski asked what the offset from this is; Dave Bertnagel stated these are revenue line items now, we have a police extra duty account for the contractors that pay for that duty and already have the money and just showing revenue and expenditure.  Vote: unanimous.
     
13. To Discuss and Take Action On The Awarding Of The Sidewalk Bid Contract.
    Tony Lorenzetti stated copy of bids received in front of Council and did get good bids from Richards Corp, H.M. Nunes and Richards was low bid.  Sidewalks will be installed along frontage of North Harwinton and Harwinton and chain link fence replacing existing fence.  Councilwoman Jandreau asked if this covers all sidewalks needed.  Tony Lorenzetti stated frontage on North Harwinton and Harwinton and as concerned by Planning & Zoning.  Barbara Watson, Lake Plymouth, is there available financing in the budget to afford sidewalks by the high school in addition to put track in.  Mayor Festa stated he is in the process of looking for additional sidewalk financing and have to move forward as part of the project as according to Planning and Zoning and need c.o. as they were part of the project.  We will look at additional revenues we have available and working to that end to compensate one for the other.
    MOTION:  To award Richards Corporation the bid bond for the sidewalks at the high school by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  Councilwoman Schenkel this Corporation has been in our town for a number of years, they do great work and very happy they bid on this project and thrilled they came in at such a wonderful price for our town and wholeheartedly support their efforts.  Councilwoman Denski question to Mr. Bertnagel, where is this money coming from.  Dave Bertnagel, as far as additional appropriation for the sidewalks, right now we have in capital non recurring fund, $228,000 that we received for reimbursement, $211,000 for high school and $17,000 for Fisher middle school and sitting in an undesignated account since June 30, 2008.  In addition, we also have approximately $50,000 from sale of property done through the Mayor’s office from various foreclosures and other items that is undesignated.  In addition we have some capital projects that did have residual values from many years ago and if close out we have enough to do the sidewalks as presented.  Melanie Church, 328 Main Street (a) if you total all these different accounts together, coming up to probably what $300,000; but doesn’t it still have to go to the vote of the people. Mayor Festa stated at this point in time it would not go to the vote of the people and does not have to.  Right now we are using money from the $47 million to take care of sidewalk because it is a requirement.  If and when we come to a finalization of the budget analysis of the high school and we can then afford to move forward on the monies for the sidewalks going into an account that would be a component of all these particular items you heard this evening, we would then move forward to move in that direction and then move forward to a particular town meeting to ask for that particular appropriation.  This particular motion to the tune of the awarding of the contract on the bid component using the money that is out of the $47 million project. (b) what does other properties that you have sold have to do with the school?  Mayor Festa stated if we can come up with and find monies available to take care of the sidewalk money, and the money that we don’t use will be allotted for track.  We have to do the sidewalks first as a component of that project.  We are looking to try to find money to replace in dollar amounts that would be eaten up by the sidewalk to actually get the track included so we can take care of two issues, the track and the sidewalk.  It will eventually go to the town meeting if in fact we are using other monies, right now we are using $47 million money to take care of the sidewalk issue.  Councilman Gianesini stated you have $211,000 from CL&P from high energy lighting that was put on project and part of the School Building Committee funds.  Vote:  unanimous.

14. To Discuss and Take Action On The Awarding of The High School Track Subject To The Availability Of Specific And Appropriate Financing.
    Mayor Festa stated that particular contract in area of $770,000 in terms of the low bid.
    MOTION:  To open for discussion and action by Councilwoman Jandreau; second Councilwoman Denski.  Discussion: Councilman Sekorski (a) asked for clarification that the track itself has been spec’d out and we received bids on that as spec’d by the building committee.  Mayor Festa stated correct.  (b) and number bids received.  Mr. Allread stated 5 off the top of his head. (c) Once we determine that funding is available and at that time is when we would award bid or lock that bid in process down.  Mayor Festa stated you are locking in that bid during procedural component tonight on this particular motion. The Motion has a stipulation that it holds us accountable only if in fact there is an appropriation, that the availability of the appropriations are specific and appropriate for financing of this particular project.  It does not hold us to an exact accounting of this particular project and only allows us the opportunity to keep the bid open and to provide a contingency award to the contractor.  One of the things we are working on and until we have a final settlement on actual cost of that project, there is not much we can do until completely close out books on the school project.   We have to be careful of how we spend money, what is allocated for that project, what is not allocated, what is approved and what is not approved, what is appropriate to apply toward that school grant, etc.  All of these things have to be taken into consideration and be very carefully weighed in terms of how we move forward to take care of sidewalk and track. (d) Not in a position to balance books on the project and not understanding how we can award a bid if we don’t have all the bid information or is that not the motion;  we are authorizing that bid process continue.  Mayor Festa stated we are going to award the track bid to the bidder of record which is Doyle Corporation for the purpose of allowing him the opportunity to keep the bid open and allowing us the opportunity, specifically the School Building Committee, an opportunity to keep that open.  You remember this is the second go around in this bid over a 5 year period of time, and what it is doing is to allow us to hold to that particular figure until such time as the SBC and the construction company come to an agreement on what their balance is relative to the balance of their final books.  At that time we will have a handle on how much money is left over in this particular account to award the track formally.  That is why in this motion tonight is the availability of specific and appropriate financing.  (e) The SBC has reviewed this bid and submitted through their process and this is your bid recommending as well.  Mayor Festa, yes.  Councilwoman Schenkel (a) subject to availability of appropriate financing, assuming that, question, is this money subject to reimbursement of the State for building of the school, track. Mayor Festa stated the track is.  Mr. Allread, 50% reimbursement.  (b) If the cost comes where we go over $47 million, do we have a mechanism in place to go back to the State and resubmit the difference.  Mr. Allread stated we will not go over $47 million as we are only authorized to go to $47 million. Mayor Festa stated, for argument sake, if we have $500,000 left over, enough to cover the track that can be earmarked and next year may be need to put appropriation in budget for the town to vote to get money to complete track and that would be coming out of town funding not out of grant for the school.  As Mr. Allread pointed out, you cannot go beyond $47 million.  Councilwoman Jandreau, we are holding this bid.  Mayor Festa, we are awarding this bid to the contractor of record, Doyle Corporation, with the understanding we will go forward and enter into formal agreement with him if and when there is availability of specific and appropriate finances for this project.  Councilwoman Denski (a) how long can this bid remain open. Mayor Festa, toward the end of the project which is coming up soon and formalizing a final commitment of money and period within a few months.  (b) are we putting contingency aspect.  Mayor Festa, there is understanding that again, there has to be an availability of specific and appropriate financing in order for this to be fully awarded and implemented.  We are very near to settlement of this project and we will have better idea and handle of monies available and if we cannot do that the motion would be null and void.  We have to have specific and appropriate financing, that is the key.  It is not date specific but money specific. The Contractor and Town are aware of this issue, have talked to legal counsel relative to and have talked to the Comptroller relative to.  Issue is we have two particular projects going on, we have the track and the sidewalks.  The sidewalks in this point and time are a necessity because they are a part of the project.  The argument is we are trying to look as best we can to provide for the track as well so that we have a complete project fully operational.  There are people who will be opposed to depending on how this money comes forward; there may be people who are opposed to the $211,000 that was earmarked out of the CL&P money, the additional $17,000 that came in from CL&P as well and the money that is used on the sale of property up at Fall Mountain towards this project as well.  He cannot tell what naysayers will say or think but the bottom line is we have to move forward as best we can and we are doing in the best interest of the community and the children of this community and we are moving forward to try to get this thing once and fully resolved to the point of everyone’s satisfaction.  Vote:  unanimous.

15. Council Liaison Reports
    1. Councilwoman Denski –no BOE or Library Board meetings; attended Parks and Recreation and looking for money for new tennis courts due to cracks in existing courts, discussion on putting volleyball in place of tennis and putting together facility enhancement plan according to priorities.  Move night, Sept 11; changing baseball usage to $100 as long as trash is taken.  Lake Winfield will be sprayed.
    2. Councilman Gianesini – WPCA meeting cancelled; I/W unable to attend special meeting; Planning & Zoning, town lost court case re sidewalks in development and rewriting regulations; School Building, voted on sidewalk bids, will be continuous reconciliation of bills from construction management people and the town comptroller has this to make sure how much money is available.
    3. Councilwoman Jandreau – Human Services did not meet; Housing Authority needs Gosinski Park resident on board; attended I/W and P&Z meetings; Fire Commission, Chief’s report read into record; Fire Marshal report read into record; Public works report read into record for Mr. Lorenzetti and Mr. Schultz.  Brush facility closed on Wednesday until further notice but is open on Saturday.  ZBA did not meet.
    4. Councilwoman Schenkel – Police Commission and resident came forward in area of It’s A Wrap requesting more police presence, speed limit and stop sign issues discussed; BOF small surplus for budget due to Ted Scheidel and tax collectors office collecting money and thanked Councilwoman Jandreau for covering EDC for her.
    5. Councilman Sekorski, no report.
       
16. Public Comments
    1. Keith Golnik, 46 Orchard Street, reviewing minutes approved from July 20 and questions for proposed ballot questions for referendum and number 2 does not appear to be in form for question as other three start with “shall the town” and correct as need be.  In regard to first question, 1, “shall the town adopt”, what if that question failed and third question passed which asks about “shall town have appointed town clerk and tax collector”, who will appoint town clerk and tax collector because Charter Revision question stated by town manager and hope you can clarify.
17. Council Comments
    1. Councilwoman Jandreau – Tom Colapietro asked to announce Senior expo on Wednesday, August 26 from 9-1 for seniors and veterans at Bristol Eastern High School and to contact Michelle 860-240-0475; done last year and successful. 
    2. Councilman Gianesini – commend Public Works Department for work done over past several months; this past month most rain fall and he has traveled on Bemis Street and East Plymouth Road, the town crew has been constantly busy, described work and stated they should be proud of job and repaved and great job and will help neighborhood.  Commend on transfer station, most organized since moved into town, no debris, things attended to, maintenance going good.  Credit to crew leader and Tony.
    3. Councilwoman Schenkel – we are in August and in less than one month back to school and keep mind out that children are out on bicycles and walking and drive extra carefully and talk to children to make sure they have to have safety which is most important.
    4. Councilwoman Denski – (a) East Plymouth and Hoye Street resident and did wonderful job on road.  Question re cemetery and it is open between road and notice grave sites are eroding and not sure what is going on.  Tony Lorenzetti stated curbing is not in yet.  (b) Thanked Grace Spring for all help given to the Town and her knowledge.
18. Adjournment
    MOTION:   To adjourn by Councilwoman Jandreau, second Councilwoman Denski and vote unanimous.
    Meeting adjourned at 8:01 p.m.

Respectfully submitted,
Robin Gudeczauskas, Clerk of the Council

1. The Special Meeting of the Plymouth Town Council was called to order on Monday, July 20, 2009 at 6:30 p.m. in the Community Room, Plymouth Town Hall.  Members in attendance: Councilwoman Jacqui Denski, Councilman Peter Gianesini, Councilwoman Jeanine Jandreau, Councilwoman DiAnna Schenkel, Mayor Vincent Festa, Jr.  Also present, Robin Gudeczauskas, Clerk of the Council; Salvatore Vitrano, Town Attorney.  Excused absent, Councilman Dave Sekorski.

2. Fire Exit Notification

3. Pledge of Allegiance

4.  Public Comment on Non-Agenda Items

5. Motion to approve the date of November 3, 2009 (Election Day) as the official     
Referendum date to allow electors and non-electors the opportunity to approve and/or reject Charter Revision Commission’s proposed amendments to the Town Charter
MOTION:  To approve the date of November 3, 2009 (Election Day) as the official     
Referendum date to allow electors and non-electors the opportunity to approve and/ 
or reject Charter Revision Commission’s proposed amendments to the Town Charter
by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  none.  Vote:  unanimous.

6. Motion to prepare for ballot the proposed Charter Revision Commission
amendments in the form of one or several questions
MOTION:  To prepare for ballot the proposed Charter Revision Commission
amendments in the form of one or several questions by Councilwoman Jandreau; second Councilwoman Schenkel.
Discussion:  Councilwoman Jandreau (a) page 24 of amended charter as presented by Charter Revision Commission, sub 3 at bottom, “As of November 9, 20 09 the tax collector, also known as Collector of Revenue, position shall be part of the Department of Finance, shall not be part of the Classified Service, and shall be appointed by the Town Manager or Mayor.” stated that is not possible because the first chance is November 2013.  Tax collector will serve a 4 year term.  Mayor Festa stated the Council cannot make any changes to what was presented as it is the final report and will address to legal counsel.  Attorney Vitrano stated Council cannot make any changes to this per Statute, whether correct or incorrect, and there may be problems but it stays as is.  (b) it will be a moot point.  Attorney Vitrano responded if impractical or impossible to meet than it cannot be met.  Councilman Gianesini, in page listing of different recommendations according to sub titles would be a good way to go if we put questions in; has question on towns form of government that is in effect the way we do things, and the fundamental mechanism we use to run the town and to conduct the towns business and if we were to include an exception, finance, change issuance of bonds and notes, change which would make BOF to approve bond before referendum.  That is not the same as lowering the amount of transferring of funds into one time ability to do and we have that.  Even when we had selectman the Town Council has always had authority to propose bonding issues and send to BOF for recommendation and not approval and then forwarded to town to vote.  In this case the Town Council is stripped or authority so the BOF can kill anything the Town Council wants to forward and a dramatic change in way government operating.  In particular if the public is displeased in what the Town Council is doing, you have 2 year cycle and then the entire Council can be replaced and in case of BOF you have up to 6 year terms and staggered.  It is a very important amount of power to this group beyond the control of the people or anything else and he would like to see a section, Town’s Form of Government, issue added in to vote.  Then positions and appointment of tax collector and town clerk vs. election, there might be some changes in duties but will conduct offices or responsibilities in similar matter.  The town clerk does report to the Secretary of State and state statutes adhered to.  Executive Secretary/Receptionist as permanent position and recommend town clerk, tax collector and that change be put in. Councilwoman Schenkel (a) asked Attorney Vitrano if the Council has to accept this document in entirety or can we pick and choose. Attorney Vitrano stated you no longer have ability to do anything with document other than to establish the date of referendum and to determine specific question or questions on the ballot with respect to this report. The report is deemed to have been final because of time frame for change expired and you cannot make any changes to it.  You can have one or various questions.  (b) Think Peter’s idea is very good.  Councilwoman Jandreau stated she agrees with Peter and on page 4 there are recommendations by Charter Revision Commission as to what they feel ballot questions should be and within our rights to change.  Question (1) read into record. “Shall the Town of Plymouth change to a Town Manager form of government?”  That is fine but adds with a Council Chairman and Vice Chairman. Also add issuance of bonds and notes.  (2) “Shall the Town Clerk and the Tax Collector be appointed positions?” o.k. (3) “Shall the Town Council adopt the other changes as recommended?”  What other changes and need to be a bit more specific and include Executive Secretary/Receptionist, all Department Heads, Human Services Department/Director and go down the line and put something there besides adopt the other changes; need to add more as to what changes will be made.  (4) “Shall the Town of Plymouth adopt the miscellaneous language changes as proposed by the Charter Revision Commission?” Attorney Vitrano stated with respect to (1) “Shall the Town of Plymouth change to a Town Manager form of government and adopt all relevant changes proposed?”  Councilwoman Jandreau noted something new is Council Chair and Vice Chair. Attorney Vitrano stated that would be relevant change but you can put it specifically but also put in all other relevant changes recommended.  He noted question (2) “Shall the town clerk and ..” put Executive Secretary in as well and adoption of the provisions related to executive secretary.  (3) would be financial issues.  “Shall the Town of Plymouth adopt the other changes as recommended, specifically the elimination of Human Service Commission, all Department Heads, Political Activity, and the other financial related provisions”?  Councilman Gianesini stated issuance of bonds and notes is not important when it comes to financial but when it comes to town government and change from what we have had in this town for a number of years and can stop any bondings from going to people or Town Council.  Attorney Vitrano stated the Council cannot change the substance of the plan and if looking to identify those elements of the plan as part of the question and it can be put in number 1.  Councilwoman Schenkel, no problem with wording as long as have room to list pertinent changes or title of changes  to give people the understanding of what they are voting on in each question.  Councilman Gianesini stated regarding town form of government and under that list town manager, town council chair and issuance of bonds, all listed in form of bullets.  (1) “Shall the Town of Plymouth change form of government (a) town manager (b) council and chairman and vice chairman (c) issuance of bonds and notes.  Mayor Festa questioned (c) as a voter coming in would not know what it entailed unless detailed outside polling booth to know what particular language is.  Councilwoman Jandreau suggested “change issuance of bonds and notes”  Councilwoman Schenkel add “under control of BOF”.  Attorney Vitrano stated in response to the Mayor’s comment, none of the questions will be comprehensive enough for electors unless read changes and point well taken and suggestion that “Under control”.  Melanie Church, 328 Main Street, question on combining those three questions as to her the way that the charter states for non electors to vote has to be on financial and you are mixing together with the town government and with that would be even according to state statute only electors can vote and to her the only thing that non electors could vote would be question on lowering the amount from $100,000 to $50,000 because that is a change but does not affect the tax or the amount of money non electors have to pay in taxes.  From her understanding, when put in for non elector to vote on bonding issues and that would be the amounts because it affected them tax wise.  Her question, are you going to have to put those financial questions separately and those are what non electors vote on or do they vote on whole charter and question that and does not know which is right or wrong.  Attorney Vitrano, not sure how electors vote on one set of questions and non electors vote on another set. You have your election and the referendum and the ballot will be the same and will have one ballot and how is it that non electors will be able to vote just on financial.  Mayor Festa stated there is a separate process on ballot.  Non electors will be allowed to vote on separate ballot.  Patti DeHuff, 20 Lynn Avenue, there is some confusion if we look at the current Charter, chapter 7 section 9b issuance of bonds & notes is where 2005 Charter Revision Commission put in that the electors and qualified taxpayers had to do with monetary issues.  Bonding is a monetary issue and refers to section 7 -191 section e, read into record.  This is very specific that it is to the electors and charter revision in 2005 allow non electors or qualified taxpayers to vote on a bonding issue and many types of referendum but bonding specific to financing.  Councilwoman Schenkel stated you are removing the qualified taxpayer right to a public hearing and are empowering the BOF and removing the taxpayer to speak out.  Patti DeHuff, you cannot put the portion which deals with issuance of bonds and notes mixing with town manager and town council chairperson.  Attorney Vitrano stated rather than trying to debate the legal issue, he will research with respect to whether electors or non electors and who can vote on whole charter.  The law is the law and if both types are qualified to vote than they can.  Your issue is what are the questions.  Mayor Festa, for clarification, are we looking at a change in procedure for recommendation to a BOF approval; there is no dollar amount with that language and procedural question. The BOF must now approve vs. recommendation.  Attorney Vitrano stated correct and that may mean the issue of whether electors or non electors can vote may be moot and fact is we can look at that and make determination.  Melanie Church, observed the town clerk in background and why can’t you have 5 or 6 questions and reason limiting to 4 because you think that is all we can have and defer to the town clerk if we have room to make more and would be less confusing.  Barbara Rockwell, Town Clerk, with the old machines had a lot of room for questions and not sure and need to look at ballot; which are legal size and say, yes, we can have as many questions because ballots can be more than one page and space should not be an issue. 
Suggested ballot question (1) “Town form of Government:
       a. Town manager,
       b. Town chairman and vice chairman
       c. Issuance of bonds and notes from Town Council to BOF
Councilwoman Schenkel would like finances moved to question 2 before positions and wording.  Time line on budget process, town clerk and executive secretary.
(3) town clerk and tax collector
(4) language miscellaneous and corrections as recommended. Councilwoman Jandreau noted last page in graph states miscellaneous corrections.  That whole page can be posted on wall for people to read.
Finances except for issuance of bonds and notes is the way it is is second question and issuance of bonds and noted under town form of government.
Councilwoman Schenkel, questioned the town clerk, can we take table and insert as question; Barbara Rockwell, no.
Councilwoman Denski stated concern on the issuance of bonds and notes is not affiliated with town manager form of government and if town manager fails that does to.  You are leaving that question in control and feel two separate entities. Councilwoman Schenkel, the first question deals with form of government which is town manager and under bonds and notes is taking away from town council.  Discussion held on questions and breakdown; structure when electors come in; second change in finance; third is positions created or eliminated. Discussion held on ballot size and whether the chart, 8.5 x 11format, be put on ballot and duplicated with yes or no under each section.  He referenced way proposed by Charter Revision and issue at hand on chart, Town form of government, financial form is question 2, position wording section 3 and miscellaneous 4 and that would be 4 categories and would fall into yes or no under each section. Patti DeHuff, 20 Lynn Avenue, stated this chart was something she created and Charter Revision Commission decided to agree with and as 7 members voting, they discussed how things ought to be grouped and based on assumption this was done last time and kept amount of questions as small as possible; and now Barbara said we have flexibility to have more questions on the ballot and if want people to be involved in government it seems to be to Council’s advantage to put as many questions on ballot as possible and if you lumped first two under “Town form of Government” there may be people who think there should not be Executive Secretary position and want to vote only on that one specifically and why not make a separate category.  We all know political activity has to be voted.  And you might have people feel strongly that the Human Services Commission being deleted. If have opportunity to have more questions it is in the best interest of the town to separate as much as possible.  Agree with Councilwoman Denski that issue of the issuance of bonds and notes question they did not think it in light of Councilman Gianesini and she can see it either monetary financial issue or not and because in conflict, why not separate it as suggested and no reason not to.  Let the people have a say.  Don’t feel constrained because they had 4 categories and you should keep 4 categories and have as many as you possibly can; why not separate town clerk and tax collector.  Melanie Church, 328 Main Street, back to commission minutes and when first came up with questions she remembers one person came who is Jim Deutsch who asked to be sure that the questions were not lumped together and an example given.  Commission wanted as clear as possible so that people can look and vote.  The more information you give and the more clearer anything is people know how they feel and does not feel this town is stupid or ignorant and if questions laid out, the financial questions brought up because members came, former as well as present, and came out and one of the things they felt, and felt one of the checks and balances.  Questions should be left separate so that people can decide.  Councilwoman Schenkel, this is moot point with first question and not problem with solely electors vote.
Councilman Gianesini rescinded his second.
Councilwoman Jandreau rescinded her motion.
MOTION:  To recommend the ballot have 4 questions, by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion: Councilwoman Jandreau we need to establish questions.  Mayor Festa stated Council needs to discuss. Councilwoman Denski stated this requires more than 4.  Councilwoman Schenkel stated she agrees with Peter to break down in sections and better for public to look how to vote on charter changes and overwhelming to put in individual questions. Councilwoman Jandreau stated with individual questions you will not only use one but use two or more pages and half the people will not vote on second ballot because local elections are on one ballot. Recommends to do 4 with shortened versions of explanation and we can put in Plymouth News, on web site which gives people the opportunity to see what charter revisions are.  This does not explain everything either; if people want to vote on the charter it is up to them to know what the charter says and if in two papers and on website we have covered the town.  Need short explanation on 4 questions.  Councilwoman Denski stated Charter Revision spent many months and to give just 4 categories; some issues are not related to one question and understand header town form of government, questions 1 and 2.  She believes issuance of bonds and notes should be a separate question. Councilwoman Schenkel stated she was on charter revision and had only 4 questions for that and worked fine and were very intense.  Patti DeHuff, her chart is not what was recommended but a guideline and what was recommended is everything but that chart.  This is how it was categorized by her and recommendation in wording itself.  Mayor Festa asked Mrs. DeHuff for clarification as she stated the chart proposed relative to all changes taking place and not something to be used for recommendation presented to elector and non elector.  Page 4 of the report, at bottom is proposed ballot questions, and only 4 and are those questions.  He is trying to pull method to order, Charter Revision Commission assembled the chart that gives changes proposed and questions proposed on opposing page, 4 in number, which capture all that is on the chart in those 4 questions.  Patti DeHuff stated, yes, that is true.   Tom Zagurski 125 Washington Road, stated the chart is a summary of changes to implement and for actual changes refer to final report to make sure everything was covered and summary of activities written on pages 1, 2, 3, 4.  The chart is a great reference guide.  Mayor, in terms of overall report, page 1, Overview and in each section that the bottom line issue on summary is proposed changes in form of recommended ballot questions; if look on page 3 would be captured in question on page 4.  Items considered and not recommended would not be captured in a question on page 4.  Patti DeHuff stated as she looks at 4 questions, first one read, that is the charge and takes into other aspect of that which is chairperson of council. Mayor Festa noted the Council said early on if you looked at question 1 and then the chart it encapsulates that as well.  Patti DeHuff stated her concern is it seems the Council wants control of the BOF and suspect the Council going to town manager and do disservice to people if you try to manipulate in that fashion; the broader and more questions and not try to manipulate the better the Council will appear to the public. Mayor Festa, you are talking about attempt to manipulate to control and concerned on verbiage, and trying to piece together an approach to resolve the issue not control; you are looking at town council chairperson (definition read into record) and does it go into with town manager; Patti DeHuff, yes.  Mayor Festa asked how do you get it across by each and every category.  Issue at hand is have process to get through and want to make sure that every bit of opportunity for electors and non, for understanding of what is taking place in charter changes, for full understanding and the chart on outside of the wall will not do it; questions are trying to clarify not manipulate.  There are a number of positions forthcoming and personal in nature and move forward to make position and question as clear as possible. Patti DeHuff stated linkage between town manager and chairman of town council and not natural link to bonding issue.  There seems to be no disagreement in terms of chart and miscellaneous and some are controversial and some naturally linked and some not.  When link put question together; when discrepancy and perception it should not go together than keep question separate.  Melanie Church, suggestion, because they made only 4 recommendations, people said we hope they will not be grouped together and way David Barbieri explained it, it was up to Council and he hoped they would be separated more and only their general categories of recommendation.  Mayor and Town Council are put together; tax collector and town clerk put together; with finance if want to put each individual question you can do that and it will not take up a  lot of room; they never meant for questions to be looped together and make confusing.  They wanted to make sure the mayor or town manager did not take all the power and leave the council and wanted someone to overlook the town manager and why suggested having a council person running the meetings. Councilwoman Schenkel stated (a) this is the packet dropped off with the town clerk and is stamped as draft and in entirety, and the chart was not a supplement or taken out but included in final draft.  Tom Zagurski stated yes. (b) Therefore, because presented by Charter Revision as final draft there is no reason to give any weight other than chart gives opportunity to group things and the chart was done in logical sense on how to group together.  Town form of government agree with Peter that form of government talks about structural change and that is structural change with bonds and notes and should be in question 1.
Vote:  All in favor, Councilwoman Schenkel, Councilwoman Jandreau, Councilman Gianesini.  Opposed, Councilwoman Denski.
Mayor Festa stated the Motion carries 3 – 1.

MOTION:  To state the 4 questions by Councilwoman Jandreau; second Councilman Gianesini.
Discussion:  Councilwoman Jandreau stated Proposed Ballot Questions are:

1. Shall the Town of Plymouth change the form of government to (a) Town Manager, (b) Council Chairman and Vice Chairman; (c) Issuance of bonds and notes approved by the BOF and not the Town Council.
2. Finance: (a) recommending lowering the amount of special appropriation to $50,000 before going to a town meeting (b) Comptroller changed to Director of Finance; (c) Timeline in budget process to allow for a second public hearing in budget process; (d) Mayor’s Administrative Assistant salary determined by Board of Finance
3. Shall the Town of Plymouth adopt other changes as recommended:  (a) Executive Secretary/Receptionist added as permanent position; (b) Human Services Department/Director to be Human Services Director; (c) Tax Collector appointed instead of elected (e) Town Clerk appointed instead of elected; (d) Eliminate language for all Department Heads (e) elimination of the Human Services Commission.
4. Shall the Town of Plymouth adopt the Miscellaneous corrections which include Political Activity?

Patti DeHuff, confused, the large groups in terms of 4 questions and even if separate out they will not vote yes or no on a, b or c.  Whatever is grouped under 1 is voted yes or no, etc.  Mayor Festa stated when look at point separated, the question is overall encumbering:  shall all of the following positions be changed, yes or no.  Councilwoman Denski stated if voted yes to town manager and if no to positions, that means the positions will be elected and the permanent secretary will not be elected.   Melanie Church, suggestion on questions, taking elected position and make appointed if go with town manager; taking town clerk who is elected and looking to make appointed if passes; taking tax collector who is elected and looking to appoint; those are forms of government not jobs as like Executive Secretary/Receptionist. The Human Services Director, you would want to put those in first question because they are the same as town manager and looking to appoint.  Appointed can be fired or let go for just cause and when elected they are there for 4 years.  Also, the changed Tax Collector to Revenue Collector.  Councilwoman Jandreau stated it cannot be changed until the Charter is accepted.
Vote:   All in favor, Councilwoman Schenkel, Councilwoman Jandreau, Councilman Gianesini.  Opposed, Councilwoman Denski.
Mayor Festa stated the Motion carries 3 – 1.

7.  Motion to approve South Main Street Reconstruction Resolution
MOTION:  To approve South Main Street Reconstruction Resolution by Councilwoman Denski and read into record:  “RESOLUTION  WHEREAS, the Town of Plymouth has published a legal notice & display ad, mailed a news release to a number of officials and agencies, and mailed a formal letter to abutting property owners, announcing a hearing on the proposed STP Urban Transportation project known as Reconstruction of South Main Street; and WHEREAS, a public hearing was held on June 30, 2009, at Town Hall, 80 Main Street, Terryville, CT at 7:00 pm at which hearing residents had an opportunity to voice their concerns; and WHEREAS, the Central Connecticut Regional Planning Agency has selected this project as a regional priority and has agreed to utilize federal funds for preliminary engineering, right-of-way and construction activities; and WHEREAS, the project is located on a municipality owned road, the preliminary engineering phase has been performed by our consultant, WMC Engineers, the rights-of-way and construction phases will be funded 80% by the Federal Highway Administration, 10% by the State of Connecticut and 10% by the Town of Plymouth; and WHEREAS, the Town Council of the Town of Plymouth has considered the concerns of the residents from the public hearing and finds that the proposed Reconstruction of South Main Street is in the best interest of the Town of Plymouth, and will promote the health, safety and general welfare of its residents and provide for convenience and safety of the motoring public.  WHEREAS the Town of Plymouth, based on the above information, and by virtue of this resolution, hereby fully supports the proposed project.  Signed Mayor Vincent Festa, Jr. Dated: July 20, 2009”; second Councilwoman Jandreau.  Discussion:  none.
Vote:  Councilwoman Schenkel, yes; Councilwoman Jandreau, yes; Councilman Gianesini, yes; Councilwoman Denski, yes.  Motion passes 4-0.

8.  Motion to approve Economic Development Consultant Contract – Mayor Festa stated this is standard procedure, same as previous contracts with Craig Stevenson, Connected to Connecticut LLC, and has had legal review; contract is for 2009- 2010, $30,000 per year with Schedule of Payments included.
MOTION:  To approve the Agreement between the Town of Plymouth and Connected to CT by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Councilwoman Schenkel stated she has had the privilege of working with Craig and he has done a phenomenal job and a great asset. Councilwoman Jandreau stated she agrees and has worked with EDC and think Craig has done a good job, working for us and we should renew the contract.  Vote:  unanimous. 

9. Public Comment

10. Town Council Comments
       a. Councilwoman Jandreau – as a council do not always agree but have worked hard.  Under Charter Revision have tried to do the best for people of town and feel putting out public ad and  put in Plymouth Connection and on website and would like to encourage people to read corrections or new things before voting and make sure you know those things that are changing. We all think for ourselves; she sat with Charter Revision for 13 out of 15 months and they did a good job and thank them for that and tried to follow their suggestion on what to put on ballot and put more words than they did and hope come election time that people will remember to vote for Charter Revision and hope this year we will have people who take time to vote for Charter Revision changes.  Commission worked very hard on this.
       b. Councilwoman Schenkel – agrees with Jeanine and Charter Revision did a wonderful job and may agree to disagree whether on Council or in audience and intent is to do what is right by town. As a former Charter Revision chair she had job to present the commission’s final draft to Town Council and not to dictate how to structure their questions and it turned out well.  People will vote for or against depending on how they feel. Supportive of this group and great job.
       c. Councilman Gianesini – as far as giving voters the power and agree with her that people are not stupid.  He was on BOF and for items out of general fund and if felt without merit and recommended no it still went on to Town Council if they wished to recommend referendum but required 2/3 to pass and if BOF approved it needed 50% to pass.  Believe people should be given opportunity and things go to referendum to vote.
       d. Councilwoman Denski thanked the Charter Revision for their work and thanked Council for deciding to put it to rest and move forward to election.

11. Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Denski and the vote unanimous.
Meeting adjourned at 8:21 p.m.

Respectfully submitted,
Robin Gudeczauskas, Clerk of the Council

1.  The Regular Meeting of the Town of Plymouth Town Council, Tuesday, July 7, 2009 was called to order at 7:00 p.m. by Mayor Vin Festa in the Community Room, Town Hall.  In attendance:   Councilman Peter Gianesini, Councilwoman Jeannine Jandreau, Councilwoman DiAnna Schenkel, Councilman David Sekorski.  Also present Mayor Vin Festa; Robin Gudeczauskas, Clerk of the Council; David Bertnagel, Comptroller; Attorney Sal Vitrano, Town Attorney.  Excused absence, Councilwoman Jacqui Denski. 

2. Fire Exits – Noted for the record

3. Pledge of Allegiance
 
4. Acceptance of Minutes of Special Town Council Meeting April 13, 2009; Regular Meeting May 5, 2009; Special Meeting May 6, 2009; Special Meeting June 8, 2009; Public Hearing June 15, 2009; Special Meeting June 29, 2009
MOTION:  To accept the Minutes of April 13, 2009 by Councilwoman Jandreau; second by Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.
MOTION:  To accept the Minutes of May 5, 2009 by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  none.  Vote:   unanimous.
MOTION:  To accept the Minutes of May 6, 2009 by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  none.   Vote:  unanimous.
MOTION:  To accept the Minutes of June 8, 2009 by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  none.  Vote:  unanimous.
MOTION:  To accept the Minutes of June 15, 2009 by Councilwoman Jandreau; second Councilman Gianesini. Discussion:  none.   Vote:  unanimous.
MOTION:  To accept the Minutes of June 29, 2009 by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  Councilman Gianesini noted on page 3, a third of the way down stated a change from “hundred of thousands of dollars to advertise”; it should be “hundreds of dollars to advertise”; page 6 – half way down “reactive” should be “proactive” “We will control spending by” should be “We will not control spending by”; “Monitor through BOF and Comptroller which is reactive” should be “proactive”.  MOTION:  To accept the Minutes of June 29, 2009 as amended by Councilwoman Jandreau; second Councilwoman Schenkel.  Discussion:  none.  Vote:   unanimous.

5. Council Rules and Procedures
MOTION:  To amend the Agenda to include Acceptance of Minutes of Special Council Meeting of June 22, 2009 by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous.

6.  Acceptance of Minutes from June 22, 2009
MOTION:  To accept the Minutes from the Special Council Meeting of June 22, 2009 by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  none.  Vote: unanimous with Councilman Sekorski abstaining.

7. Public Comments on Non-Agenda Items
       a. Keith Golnik, 46 Orchard Street 46 – (1) stated his understanding that the town
employees working in building next to the library have been moved out. Is that true?  
Mayor Festa noted the VNA and fire marshal, yes, have been moved out.  (2) The
business owner across the street states she observes many people going up to the house
looking for people and she has also told him the guy next door comes over every now and
then when weeds get too high because he cannot stand looking at it.  Who owns it and is
suppose to be maintaining the lawn and keeping it spruced up?  Mayor Festa stated the
town owns the property and the signs are being contracted for removal and replacement
with proper signage that will be at the new location which is Main Street School. There is
a contract going out for the upkeep of the maintenance of grounds and as soon as we
come to a contract and in terms of bidding procedures in place. (3) Other concern about
PSS and now the town has ownership and maintenance by school board and do not know
if Mr. Lorenzetti is happy and found tennis court is full of weeds, vines and one net torn
down and know somebody has been mowing the field and maintains the soccer net and
would like tennis court brought back to some shape while the town owns it and lock the
fence so kids cannot get in.  Mayor Festa stated for clarification on the issue, the school
department still maintains the lot and just turned over the building to the town.
       b. Melanie Church, 328 Main Street – (1) maybe the public has a right to know but there
has been a problem getting tax bills and as of today she has not received a tax bill and
was wondering as you are suppose to get by July 1st and they are due up until August 1st
and what happens at this late date when coming in so late and people not receiving;
talking to my neighbors we have not received and would like to know how is this being
rectified because now we are on the 7th of the month and still no tax bills.  Maybe you
can answer that for the public. Mayor Festa stated for the public and for her, he did
explain last week the issue with tax bills and explained again today if inquiry at tax
collector’s as to glitch in mailing to Quality Data sending bills to the post office and they
had glitch and therefore did not go enmasse and have been working on that since day one.   
The bills are coming due and are coming in to homeowners’ addresses as they get
through the post office.  The post office admitted the fact that they are at least three trays
in arrears and had to go through their procedure and taking responsibility for actions that
occurred.  The bills are forthcoming and being delivered to the homes. (2) Will there be
something published in the papers?  Mayor Festa stated yes.  Councilwoman Jandreau
stated whether you get a bill or not you know you owe taxes and have to pay and can call
the tax collector’s office and they will send a copy. You know you owe and you know
you have to pay by August 3rd this year. By not getting a bill does not mean you don’t
pay taxes.

7. Mayor’s  Report
Correspondence/Discussion on Various Items:
*Historic Property Commission Request for Appraisals for BJ Tool Company Property –
Looking at minimum of three - This falls under category of award received by state grant
Monies and under procurement procedure going out to bid; Historic Property
Commission voted to request the Mayor’s office to secure proposals on appraisals and
have spoken with individuals and we will have forthcoming to Historic Property
Commission to move on it and with proper documentation to the State and we will get
their approval before spending any money.
*Greater Bristol Chamber of Commerce “State of the City/Town Breakfast” – held last week, great response, and a number of issues presented to the economic conditions of the state and problems of each community relative to holding line on spending and finding money in which to keep operations running and keeping people in their jobs that are members of the towns and cities of payroll.
*Legal notice for “RFP’S” for School Buildings; accepting proposals for consideration for future town meetings – request for proposals – when Town Council took motion to present buildings for sale by virtue of the feasibility study and the attitude was to go out to RFP and receive proposals from particular individuals or businesses interested in property.  They will give us their dollar amount willing to pay for the property and what they intend to do with property.  There will be no proposal that is binding on the part of the town to accept any proposal and we can reject all proposals. For clarification for those people saying the Town Council has voted to sell buildings outright that is not exactly true. Any proposals for sale will come before town meeting to allow the general public to have input on issue.
*Tax issue – resolved relative to tax collector and Ted Scheidel.  We will continue to be in contact with the post office to make sure bills are out.

8. Appointments/Resignations
       a. To appoint Heidi Caron to the Human Services Commission to fill vacancy (J. Relihan); term to expire 10/1/2010
MOTION:  To appoint Heidi Caron to the Human Services Commission to fill vacancy with a term to expire 10/1/2010 by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Councilwoman Jandreau stated she is happy to see this but do not know Heidi but well recommended (resume read into record) noting qualified to serve on Human Services Commission and happy to have her. Councilman Gianesini noted in her application under town philosophy/concerns and one objective is to increase human services and public health needs for the Town of Plymouth.  With economy and population and dysfunctional families in country, we can be constrained by financial resources and nice to see somebody who wants to improve the amount of services available for people as people do not always know where to go and right now we have a lot of useful information and impressed by that; she will be a great addition.  Vote:  unanimous.
       b. To accept the resignation of Joan Fowler from the Human Services Commission; Term to expire 10/1/2009
MOTION:  To accept the resignation of Joan Fowler from the Human Services Commission; Term to expire 10/1/2009 by Councilwoman Jandreau; second Councilman Gianesini.  Discussion:  none.  Vote:  unanimous.
       c. To accept the resignation of Jeanette Davey from the Parks and Recreation Commission; term to expire 11/5/2009
MOTION:  To accept the resignation of Jeanette Davey from the Parks and Recreation Commission; term to expire 11/5/2009 by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  none.  Vote: unanimous.
       d. To accept the resignation of Barbara Moran from the Library Board of Directors; term to expire 11/3/2009
MOTION:  To accept the resignation of Barbara Moran from the Library Board of Directors; term to expire 11/3/2009 by Councilwoman Jandreau; second Councilman Sekorski.  Discussion:  none.  Vote: unanimous.

9. Take Action To Refund Property Taxes:  Kelly Olmstead, $202.26
MOTION:   To refund property taxes to Kelly Olmstead, $202.26 by Councilwoman Jandreau; second Councilman Gianesini. Discussion:  none.  Vote:  unanimous.

10. To Discuss and Take Action on The Revised Employee Handbook; Job Descriptions; Job Appraisal; Appraisal System White Paper/B. Bellotti
Employee handbook – in packet and worked on; preliminary report some months back and final employee handbook distributed to each of the unions for distribution to members; have received everyone back except for one particular union and waiting to hear from the. Need council approval as well.  Discussion:  Councilwoman Jandreau read handbook and feel thorough and job well done by Bill Bellotti. Councilman Sekorski – questions (a) assume that this handbook reviewed by counsel for potential loopholes or liabilities with respect to the unions and any risk and question regarding the weapons policy stated in the handbook.  Mayor Festa stated they were presented to the labor attorney and can send to the town attorney as well. (b) concern to make sure our rights/obligation and responsibilities and liabilities in terms of putting a policy like this in place. Not sure re weapons policy if we can state on very last page, paragraph 2, (read  portion) but not sure by virtue of this policy we can include the words “or visitor of the Town of Plymouth” and not sure if counsel has had a chance to review that issue. Curious if we need a separate policy or statement in regard to visitors entering town hall carrying firearms or a weapon.  He cannot support this as written unless we have those questions answered.  Councilman Gianesini –support Councilman Sekorski’s concerns and always looking when read newspaper at conflicts whether sexual harassment or people want to wear a pin through nose or an earring or something, and think generally counsel can look through this and a vast majority would get by without problem and may be areas with or without concern and a lot of work went into it and possibly the union may bring up concerns and his opinions in advance would be useful.  Councilwoman Jandreau asked (a) if there was any opinion from labor counsel; Mayor Festa stated it was reviewed and approval as presented but will follow through relative to Councilmen Sekorski and Gianesini concerns. (b) The unions that saw this, did they agree.  Mayor Festa stated all but one so far.  He noted there are individuals not happy with some of the stuff but in terms of the overall presentation, there has not been any considerations against.  Councilman Sekorski stated that is no surprise as any employee policy handbook will run into objections or concerns and he has some with his company handbook but part of the deal and fully in support of this effort.
MOTION:  To put on the table until questions are answered by Councilman Sekorski; second Councilwoman Schenkel and the vote unanimous.

Job descriptions – Mayor Festa stated all have been rewritten for review and comments and ultimately they will have to be negotiated with unions; the problem being there are a number of job descriptions in the book that are suppose to have legal presentation and many have not been signed off by the Mayor and/or Council of previous years and have noted changes in job descriptions, changes in titles, salary due to the fact that change in title creates another level of performance and/or labor grade.  These particular job descriptions developed by Bill Bellotti have been attempted to bring in to alignment of all job descriptions to be formalized in negotiation process and bring forward by Town Council for approval once the unions do agree. In previous job description on the back of them or depending on how many pages, the very last section is a sign off section noting that Council took action at a meeting and signed off by the Mayor.  In some of the descriptions upstairs that has been void of and they have been put in the books to replace those that have been voted on and approved.  To go back to make corrections over a period of years would be time consuming and create problems relative to union activity and union grievances.  This is a start to move forward to create job descriptions and clear up mess in place with current job descriptions or lack thereof.  Councilwoman  Jandreau (a) noted on tax collector/revenue collector at bottom where it says collector for various departments, one thing forgotten and as far as she knows it hasn’t changed, the tax collector/revenue collector also collects fines for parking tickets and sends notices out when fines are overdue and should be in there somewhere.  Mayor Festa, you would like that added to. (b) yes.  Mayor Festa stated in the event we will have parking fines they will be collected.  (c) Also somebody should check to see if they have been kept up and people paying tickets; as they may be  not have been taken care of and should be.  Councilman Sekorski (a) to understand course of action, do you need preapproval from Council as recommendation to send forward for the purpose of negotiation or is this informational.  Mayor Festa stated this is an informational packet to let you know job descriptions are being rewritten and chance for you to read over to add, correct or delete anything.  This has to come forward to a negotiation process with unions and once approved, they will come forward to Council for approval and signature, Clerk of the Council signing off as well as the Mayor.  (b) Does this represent all job descriptions or more; Mayor Festa stated this is what we have on the record to date.
Melanie Church, 328 Main Street, (a) do you have in there collection of all revenues because that is one of the things she does.  Councilwoman Jandreau asked if she would like it to be read and read into record. (b) nothing about WPCA has to be in there.  Councilwoman Jandreau noted that is separate because they pay her to do that.  Councilman Gianesini – (a) back to job description for Public Works Director for qualifications.  Has to be registered P.E. in the State of CT and valid CT engineering license.  In order to approve documents, you have to be a registered professional engineer and not a CT engineering license as there is no real such thing.  It is the matter of terminology; if you attend any p/z meeting it has to be registered P.E. that signs documents.  Mayor Festa, right, and what our position calls for in terms of the Charter noting a few years back there was a Public Works Director who did not have a engineering degree and a firm was hired to take care of that particular issue for the Town.   The town has always required an engineering degree and one of the reasons WPCA is in need of engineer for their works as well.  As an engineer the plans that come before the Town have to be inspected by the Public Works Directors because he is an Engineer for the Town and the license required to practice in CT.  (b) Matter of terminology and if want to approve anything you have to have a registered P.E. certification. Mayor that comes with degrees.  We can be more clear and clean up language.  Councilwoman Jandreau, Town Clerk, did not add certification and it should be under qualifications; CT Certified Town Clerk.  We give the tax collector a year to get certified and does not know number of years to certify a Clerk and should have that, noted 3 years.

Job appraisal – performance appraisal package, tool by which employees will be appraised relative to their evaluations.  This is relatively new and putting into place relative to evaluation procedures on an annual basis.  Discussion on form to be used:  Councilwoman Jandreau feels form pretty thorough. Councilman Gianesini questioned with new hires is there a separate form since generally a person has so much time to get on board where they are watched more carefully than longer service employee and in private industry you will have a supervisor or foreman on weekly basis give review and probably not essential but curious if form will be used to evaluate people in training as well as somebody hired, is there probationary period in town.  Mayor Festa stated there is a probationary period depending on contract and job specs; for instance, WPCA needs to get licensed within “x” years and if not removed from employment and other contracts there is a probationary time and can be relieved for just cause or fact did not make probationary period.  We are looking to change so that everybody has level of evaluation from onset through career.   Councilwoman Schenkel would like to see where there is a section under each of these elements where the employee or supervisor can write a comment in; for example, understand principals/techniques/procedures of the position - if person trainee and they need improvement that is a given and nice to see whether at end or under each elements where employee can provide feedback especially if disagree with assessment of supervisor.  Councilman Sekorski (a) clarification and level of employee this documents is intended for is a manager or management of supervisory; Mayor Festa this will be for those under supervisory components and we will have an appraisal performance on administrator level as well and no one will be short of an evaluation of process and standard procedure.  (b) This document intended for folks who are not in the supervisory category; Mayor Festa, correct.  Mayor Festa noted attempt to have an understanding that the supervisors are level administrators and in some instances rather than taking control of their department they defer to the Mayor’s office for handling of activity within the employees request for leaves, and looking job performance and the fact they cannot get work done by the employee, etc. and giving level of ownership on the part of the administrator for his/her department.  (c) Agree and this seems to be a face value performance appraisal which is wonderful but does not address folks in a supervisory capacity and expect that appraisal to have a different content.  Councilwoman Jandreau says “Overview” (read into record) on first page, according to this sounds like for supervisors.  Discussion from Council on interpretation of this paragraph.  Mayor Festa noted this is a tool for the supervisor to improve quality of performance within department and will be done through workshops with supervisor to understand the tools in which they will be working through performance appraisals and better known as administrators rather than supervisors or department head.  They cannot pick and chose what you want to control or not control and whether you want to supervisor or not in department.  This will be worked on again and moved forward but a start and step in the right direction to take care of outstanding issues lacking in terms of performance based behavior.

Appraisal system – Bill Bellotti will come to later meetings in the year to discuss issues and what he is working on.  We are moving in performance objectives, quality of performance in workplace.

11. To Discuss the Creation Of An Ordinance To Establish A Trust Fund For The Purpose of Funding Retired Employee Health Care Benefits
Dave Bertnagel – all municipalities through Government Accounting Standard Board has issued a paper, GASB, two versions 43 and 45 documents.  Basically, we need to be like corporate business to report long term liability, pension documents on what we would owe on a certain business day; now we do not record what we pay for health benefits long term.  Part of negotiated benefits when retire get 10 years; the State of CT said liability will go up $1 – 2 billion because promised lifetime benefits.  Plymouth becomes reportable July 1st 2008 – we started working last year on this and hired firm, Milliman, actuaries who go through contracts and see potential liabilities based on contracted agreements. At that time many contracts were not settled and we will have two reporting mechanisms.  The Mayor did do excellent job in negotiating contracts this year.  A trust fund ordinance gives funding mechanism to fund this down the road.  This will show rating agencies and auditors we have a plan in place to move forward to pay for benefits down the road.  Now we are on a system known as “pay as you go” and budget for it every year and line in “non employee benefits” line item; it is in budget $230,000 this year; on BOE side they have that and fund that mechanism as well and will be liability on what town owes long term.  Ordinance written by pension consultant and attorney and has written many ordinances before; reviewed  by legal counsel and need to refer to the Pension and Oversight Board for further action and will come back to the Council to go through Ordinance process to establish a Trust Fund.  This will include the town and BOE; liability of the entire Town of Plymouth; right now liability amount is hard to say and do not have final numbers right now.  We are paying as we go; and we are paying each year and they want us to have 10 year commitment, what will costs be per year and single or spouse and as go along there are a lot of factors to put in. Councilman Sekorski (a) asked specifically what is included?  Any health benefit obligation under contract for the Town employees and BOE employees:  Dave Bertnagel stated, correct, anybody we have a commitment to that retires from the town that we pay for long term benefit and would include life insurance, any benefits we provide besides salary. Include health benefits, life insurance obligations, may include annuities and special agreements would be factored in; it varies on how many years people are in.  The state is trying to negotiate out for lifetime and go to 10 year system so it varies from that. When see report, we get actuary report now for regular pension and we will get one each year for this liability.  (b) All this money will never come due at one period of time.  Dave Bertnagel, correct, a lot of people get frightened by number, hypothetical number given and explained.  All communities are different, explained.  Once ordinance created will look at funding mechanism; responsibility of trustee to find funding mechanism.

12. To Review and Discuss Town’s Employee Safety Manual/B. Bellotti
Mayor stated presented to give overview of what has been taking place relative to the Safety Committee.  Major cost for community is workers compensation and most dollars to workers compensation are in area of heart and hypertension and then repeat offenders and have packet showing agenda; reviewed.  First workshop held on site from Kerma and grateful we were site location and have a number or other workshops coming and we are host community.  Lock out/tag out and represented by two employees, WPCA and Public Works.  After presentation by employees the group prepared to discuss policy manual.  There is overview of what manual provides, reviewed.  Requirement from OSHA and as look through accident prevention program there is a scope and purpose, (titles read). It is a wonderful piece by Bill and first step in process of moving forward to a safety manual and will up updated annually.  Important to bring to attention on work being done in the Human Resource office and providing workshops that will cut down on expense of workers compensation issue; have had 30% increase in premiums due to rating from insurance carrier due to high claims.  Again, like health insurance have rating come into play from accidents that occur but seeing trend downward from departments which is good due to ownership taking place from workshops and presentation of workshops to fellow employees.  Councilman Gianesini stated it is good to see something like this and when work in private industry it is standard; examples given. Assume the town or department, WPCA or Public Works has portable oxygen monitors and need to check to see if each department has device calibrated; and need to record number.  On last page on what to do if someone injured, most of us are not trained; if somebody gets hurt or cut, you need to help them and most safety procedures discuss blood borne pathogens and kits around with gloves in case need to apply pressure to area; person many have HIV and industry standard procedure is to have gloves to put on and should be included.  If somebody does get hurt, what do they do, is there anything about call 911 and have someone at entrance to meet responder to direct.  Wonderful document and covers 90% but down road a few areas suggest additions made.  Do not want confusion if somebody is hurt and get proper care by trained people asap. Maybe separate sheet hanging in building. One other area, is public works garage, welding, need burn permit for welder and if someone comes by and puts tape up in an area and makes sure no flammable material, and once visor down over head cannot see much and sparks fly.  Councilman Sekorski, point of information and Councilman Gianesini had some things mentioned got documented with OSHA review we had a few years back and think that report has detail in it and a good reference material; we got one recommendation that was to have a safety manual.  Mayor Festa stated as a follow up there is going to be a walk through by OSHA free of charge and attitude from OSHA is they will do this for our safety to do follow-up on how far we have come.  Also there are also a number of workshops such as on blood borne pathogen and presentations by employees and they are taking active role and ownership to safety and welfare of fellow employees.  All comments will be reviewed by Bill.  Front cover, Safety Committee members and more that went out, each name represents different level of department in town and names change and in course of time every employee will have opportunity to serve in development of this manual.

13. To Clarify Action Taken At The Special Town Council Meeting June 29, 2009 Regarding The Council Responses To The Charter Revision Commission’s Draft Report
Mayor Festa stated he has asked the Town Attorney to be here to clarify the fact that in the motion was to discuss, and to take action was left out in motion. Point in time where Council did not make formal response to the draft report action.  Attorney Vitrano gave update reviewing the operative provisions of CT General Statutes relative to Charter Revision Commissions are Section 7-191 subsections A through G; that section of the Statute outlines the interaction between the Charter Revision Commission and the Council.  His understanding of the actual dates involved in the action of the Charter Revision Commission and Council are:  the draft report of the Chart Revision Commission presented to the Town Clerk on April 23rd and in turn presented to the Town Council on that date.  Statute says the Town Council has 45 days (calendar days) to set a public hearing and understanding is Council met May 5th and set the date of June 15th as the public hearing and met on June 15th, well within 45 days.  The Statute also provides that not later than 15 days after the public hearing, June 15, you shall/may act with respect to draft report; understand on June 29 you met for purpose of discussing and intending to make recommendation to the Charter Revision Commission.  The specific language of the Statute was read into record; that is the June 29 meeting and time wise fine.  It appears from review of the 29th minutes, the motion made was to discuss and seconded and went on to discuss in detail. And then there was a vote.  There was no specific motion, based on minutes, to make recommendations to the Charter Revision Commission.  It appears that while you had some discussion and your desires were made public, there was no official motion in providing for recommendations to the Charter Revision Commission; Statute subsection C, read into record; noting since your motion did not technically make recommendations, “the report of the commission shall be deemed final and the appointing authority shall act on such report”.  Given the fact that you did not make recommendations, from the minutes, or you didn’t make a formal motion, that report before you now is deemed a final report; however, that is not the last word.  Statute says “The appointing authority shall act on such report”.  You will have not later than 15 days after receiving final report.  His opinion is that as of the 29th since you did not make recommendations, the report became final as of that date and you have not later than 15 days from the 29th (portion of Statute read into record).  Despite the fact that there is technically no recommendations to the Charter Revision Commission and despite the fact that you now have before you, by virtue of the Statute, a final report, you do within 15 days of the 29th, by July 14th, you may have a meeting and may take action with respect to each and every one of the Charter Revision recommendations either accepting or rejecting or take apart.  You can implement recommendations you wanted to make to the Charter Revision Commission.  You do have to act by the 14th of July and you have to act by majority vote to either approve or not in a specific Charter Revision Commission recommendation.  Councilwoman Jandreau asked if Council can only accept or reject and cannot change; Attorney Vitrano stated that is correct; noting they could not have changed anyway, you can approve or reject; even on the 29th you could only have made recommendations.  You can approve or deny.  He strongly urged Council to set a special Council meeting before the 14th if you have a desire to act on this.  Discussion held on date for Council quorum to meet.
MOTION:  We have a Special Town Council meeting on Monday, July 13th and the only thing on the Agenda is Charter Revision at 7 p.m. by Councilwoman Jandreau; second Councilwoman Schenkel. Discussion:  Mayor Festa stated on Monday he will be absent and you will have a Council person sitting in role of Acting Chair as well.  Patti DeHuff, 20 Lynn Avenue, agree with almost everything Attorney Vitrano stated except his count of 45 days from when Charter Revision submitted draft and does have calendar here; and what she count out submit April 23, Thursday, starting on the 24th and count out June 1st is 39 and 45 that tells public hearing should have been held before Sunday June 7th and public hearing was not held until June 15th and would like to be on record saying the Town Council missed the deadline for the public hearing and not quite sure what that means.  She thinks it means the their draft becomes final; but not sure with regard to the ability of the Town Council to act because if your starting date is June 7th then you have missed the deadline.  If Attorney Vitrano could use the date of June 7th if he wants to check that.  Attorney Vitrano stated it appears 45 days from April 23 is the June 7th date.  Councilman Sekorski, question, he thought the 45 day count was for Council to meet to set the date for public hearing and not inclusive; when this thing started he asked for calendar of events type of thing and does not have that document with him and his interpretation, may be incorrect; as a Council had to meet within that time period and not the whole process had to be within 45 days.  Attorney Vitrano stated Statute provides there should be at least one public hearing on the draft report and shall hold last meeting not later than 45 days after submission of draft to such clerk and not later than 15 days of last hearing the authority shall make recommend to the Commission for such changes; which is 15 days after hearing.  At this point you have a motion before you and should act on it, set special Council meeting and he will figure out where Council is at.  Councilwoman Jandreau (a) asked if in the Statute is there a consequence if do not do that; maybe whole thing is null and void.  Attorney Vitrano stated it could be a number of different things and it is the Council’s action that puts these Charter Revision Commission’s proposals on the ballot; the Charter Revision Commission cannot put on ballot.  He needs to figure out what the consequences of that is.  You should set your meeting in case need to deal with it at that time.  (b) Do we now or at that special meeting need to rescind the motion to put on ballot. If Charter Revision is in charge and they cannot put anything on the ballot.  Attorney Vitrano stated Council will deal with that at the special meeting and issue is consequence of failure to hold public hearing within 45 days and will have answer or opinion by Monday.  Councilwoman Schenkel (a) if intent of the Statute is to prevent delay, the way she reads the Statues, you cannot as a political body prevent the will of this; to move forward in timely fashion. If a day or three days, because 7th was on Sunday and if still moving forward in a timely manner, is what she would like him to determine.  Attorney Vitrano stated the issue to define is whether intent of Statute, what is the intent, and whether intent will trump the actual language of the Statute and will check case law.  (b) If no consequence, a Council who does not follow provisions, that does not negate proposals are invalid either.  By petition the people can bring forward and put on ballot.  Councilwoman Jandreau questioned whether Council can appoint the Charter Revision Commission again for a very short term and do all over to present and we would present back to them. Attorney Vitrano stated he will look into that as well.  Patti DeHuff stated to remind Council it is not just a matter of the Charter Revision having a public hearing, you have to have 2 public hearings and you guys have to have one.  Councilwoman Jandreau stated you can have two in one week and one in the next.  Councilman Sekorski stated he moves the question on the floor.
MOTION: To move the question by Councilman Sekorski.  Mayor Festa requested the Clerk of the Council read the Motion back into record; so read.  Vote:  unanimous
Vote: on main Motion:  further discussion:  none.   Vote: unanimous.

14. Council Liaison Reports
     a. Councilman Gianesini – Inland Wetlands approved application for development at Armbruster farms and will go on now to public works.
     b. Councilwoman Jandreau – Housing Authority meets next week; Economic Development – Phase III water booster station about complete; Public Works report from Tony Lorenzetti, Director, read into record noting brush facility is closed on Wednesdays until further notice; report from Jim Schultz, Highway Superintendent, read into record.  Planning/Zoning gave temporary c.o. to high school; Inland Wetlands – approved permit for Worhunsky for O/Z site for Riverside project
     c. Councilwoman Schenkel – no report
     d. Councilman Sekorski – no report

15. Public Comments
       a. Melanie Church, 328 Main Street – (1) understand bill passed called The CT Conference of Municipalities bill where we will get supplemental bills in January for cuts done by the State and understand only one person in the House of Representatives voted no and rest voted yes and taxes will go up in January. (2) bring to attention that bothers her, next to last meeting at Charter Revision they ran around for an hour before the meeting could start because told out of time and were null and void; for an hour the secretary had to run upstairs and find the dates and everything else.  Through this time she believes the dates that were given were like etched in stone and put a whole commission so they could not start meeting for an hour not knowing if abolished. She has watched this Council come together, you made motions, one was because Dave, your brother was sick and she understands that and he could not be here, but at that Council meeting they had said specifically they wanted you there and everyone there and they would notify the commission when you could be there and they would have a meeting on our recommendations.  Low and behold you were there not at last meeting and find out there was a caucus which was legal and does not know if Dave was there or not and has a problem with that because there were votes taken. The only reason she says votes because how did a typed piece of paper get handed down with all the recommendations. When left here that night which was June 29 she was very upset and talked to the Chairman outside and went to her Co chairman of Charter Revision very upset; low and behold we happen to be looking through stuff and that is how we found the 45 days. This she believes and can quote from here or otherwise people can look it up and DiAnne you said you didn’t want people to know what you were thinking and why.  Here’s what it said and I’ll quote “there were people in this town who have had an opportunity to serve on boards and commissions and this board is non partisan and have placed independents republicans and democrats on the boards and commissions and have voiced decisions to meet under caucus.  It is within our right and did nothing wrong.  Gives opportunity to discuss things they cannot discuss in front of the public to hear each others thoughts and find nothing wrong with that.”  We worked hard for 16 months, very openly on this charter revision; we didn’t meet secretly nor anything.  I respected you Dave for missing but I am still upset over the way that paper was handed to us before meeting, and only to Tom and I, and we weren’t invited Dave.  I happened to come in that day and said it on the side board.  I called Tom Zagurski, he knew nothing who was our Chairman and now to know that this whole thing may have been illegal or whatever.  I am upset because that was a lot of hard work that this Charter Revision Commission did.  Even with our recommendations we listened to many boards and commissions; we had every board and commission, we had them come in.  They were invited; we did not miss one board or commission, they were all invited.  We took the time to listen and make recommendations and then that night when we got the paper your own Board of Finance commission and former commissioners on there got up and spoke and where they felt they were being treated as second class citizens and that is what upset her the most was to be handed a paper and try to look through the whole charter to find each change.  I respectfully waited to hear when that meeting was going to take place.  We were not told of any of them.  Tonight I had called our Chairman on Friday and let know again it was on the agenda.  Since the public hearing there has not been one courtesy call to any member of this charter revision and thinks that is a slap in each of our faces.
Mayor Festa stated he will correct her on one issue, her last statement incorrect that there wasn’t any correspondence to any one member of your commission.  There was correspondence via telephone and email. After the meeting there was correspondence that was sent forward as well as U.S. mail relative to the changes that were recommended by the Town Council and know that first hand as he did that himself.  He forwarded U.S. mail to your chairman, he was on the telephone and also emailed.  So that last statement you made is inaccurate. [Melanie Church stated that isn’t what he told me]  I would not presume to call him a liar at this point. [Melanie Church:  I am not calling him a liar I am calling you].  Thank you, you can do as you please.  I can stand it I can take it but I will not allow you to take someone else’s name or professional in vain. He did get correspondence.
Councilwoman Jandreau stated we did ask for the commission to be notified, number 1.  Number      2, like you said, there were no votes taken in caucus; all was discussion and maybe agreement but no votes; [Melanie Church:  Than how do you get a typed piece of paper].  Because we all agreed, we didn’t vote. The reason David not there was he was on vacation and we did not know until after we called the caucus.  We left a message and assumed he would be there.  Get your facts straight before you make accusations. We explained to you how that document happened; we do not do things illegally because we can’t and we don’t, just like we don’t take motions in executive session.
Mayor Festa stated to clarify another issue, that document was an action on part of the Council to present their opinions relative to forwarding it then to your chairman for the next round of negotiations which re a vote coming back from your body.  It wasn’t intended to have you sitting in the audience that night as a joint meeting.  The intent of that, you happened to be here that night, and was given to you out of a courtesy and that was to be presented to your chairman to be presented to this particular body when he called the next meeting.  It was at that point in time that he and I had question the time element and dates in question.  The very next day after that meeting we were in contact with one another.
Patti DeHuff, read from minutes of Monday June 22nd that you guys voted on tonight and the motion that was made says that before June 30th this council meets to take action on the charter revision with the charter revision commission and Jeanine you made that, that was your intent and as Melanie did state, none of us were aware of that.  And Melanie knew about that as she happened to be walking in the building at that point.  Councilwoman Jandreau stated than you need to take that up with your chair.
Mayor Festa stated that may be taken up relative to other individuals who do the notification and that is something he will address and discuss with the individual relative to whether or not calls were made.  But he would just like to question something, Patti, before she sits down again.  We seem to be a stickler relative to minutes of meetings and he is under the impression she is very much concerned about how the minutes read and they should represent the actions of the particular meeting and those in attendance at that meeting.  Patti, yes.
Mayor Festa, would you concur that those minutes should not be preapproved nor discussed or action taken prior to the next actual meeting at which minutes are then approved or disapproved or changed.  Patti, are you referring to them being put up on the website.
Mayor Festa, no I am referring to the fact that should minutes be changed prior to the official approval before the meeting body that is responsible for the minutes that occurred at their previous meeting.  I am asking whether or not there should be any changes made prior to the official presentation of a set of minutes at a meeting at which time they are formally voted upon.  Patti, I believe it is the job of the secretary to accurately report what happens at a meeting, and for instance, right now.
Mayor Festa, my question would be do you believe a member of any board or commission should be editing minutes prior to the assimilation to the full body; in other words changing anything that may have been stated by the secretary in his or her recording of those particular minutes of the meeting.  Patti stated she thinks there is a place that is appropriate for that is in fact.
Mayor Festa asked is that the appropriate place at the meeting when there is questions, corrections, additions or deletions at that next meeting as opposed to during the interim period of time between one meeting and the next meeting.  Patti, that would be ideal if it would happen that way but after, for instance, what happened tonight you guys voted on 4 or 5 different meetings.
Mayor Festa stated his question to her is exactly this, you just quoted from the minutes of a meeting indicating that Mrs. Jandreau had made a statement in the minutes.  Should she have access to these minutes prior to to make a correction to that statement.  Patti responded she believes she did because.
Mayor Festa, no prior to this being brought here before this meeting tonight to be voted on.  Patti, what is posted on the website and she could have done that if she felt that this motion was inaccurate.
Mayor Festa, you are saying she could have changed the minutes and then come here tonight with a whole new set of minutes that indicate she made a different statement than what was actually recorded.  Patti, I am saying she could have stated to Robin that is not what I did, Robin, could you please listen to the tape again.
Mayor Festa stated she would be doing that after she received the minutes as recorded.  I am saying prior to recording the minutes, do you believe anyone on a board or commission is entitled to that set of minutes from the secretary to peruse them prior to the official placement on the website or at the meeting for the purpose of making any corrections to statements anyone may have made during the previous meeting.  Patti responded she does not have a problem with that as long as the corrections that any council member is going to correct is actually stated on that.  Because as Jeanine will tell you, she has done it specifically to me, it doesn’t matter what your intent was, you have to reflect what was actually stated on the tape; even if I thought I had said, it cannot reflect what I thought but what was on the tape.  The minutes have to reflect what was on the tape.
Mayor Festa stated, so if the secretary recorded off the tape, than the exact comments made by any board or commission member or council member should be quoted exactly as stated.  Patti, I believe so.  Mayor Festa stated so there should not be any set of minutes given to Mrs. Jandreau, for instance, prior to the actual presentation by the secretary that her comments should stand just as they were according to that tape.  Patti, if she thinks they were wrong or that is not her intent, than in the course of this particular meeting she could change.  Mayor Festa stated not this meeting but prior to the meeting, prior to the subsequent meeting, he asked the question do you think it is right and just for a member of the board or commission or council to ask the secretary to see the minutes prior to her posting them or sending them on the website for the purpose of changing those minutes because they don’t reflect what a person said they thought they said or should have said.  Patti responded she thinks if they are going to be on the website she has every right; Mayor Festa stated prior to the website.  He is referring to the secretary providing members of a board or commission with a set of minutes for them to peruse them to see exactly how they were stated on that particular set of minutes so that they can change them before the minutes were actually posted on the website and or presented at a meeting.  Patti, they are not being changed because Jeanine was very clear.  Mayor Festa, I am not talking about Mrs. Jandreau said.  I am asking the question what your belief is relative to.  Patti stated her belief is that, she does not have a problem with that, that is actually what was done in the Charter Revision Commission.  Mayor Festa, in other words, what we are saying here is that when you quote tonight comments from the minutes, indicating that Mrs. Schenkel said such and so, Mrs. Jandreau said such and so, they have a right to make those changes and those statements saying that they did not actually say that.  They are not a reflection of what the secretary captured, therefore we want it corrected.  So I should allow them the opportunity to correct these minutes tonight to reflect what they thought they said or should have said. Patti, no, not saying that.  Mayor Festa stated he should than allow them prior to the posting of these minutes to make corrections. Patti, does not have a problem with that but they again.  Mayor Festa stated she is agreeing it is right and just to have that practice.  Patti, she is not opposed to that practice.   Mayor Festa, do you think it is right and just to create that practice.  Patti, ; does not see that as being wrong as long as what she thinks she said at a particular meeting, or Jeanine said at a particular meeting, if she thinks one thing and the tape shows something else, as Jeannie informed her, you cannot change it.  They have to go with what was on the actual tape. So then if she said that but really not what she meant, than in the minutes of the current meeting those statement are going to be.  Mayor Festa his question, those statements were changed prior to the presentation so that what you said was not captured in the minutes that were reflected at that next particular meeting.  They were changed prior to.  Patti, does not see a problem with that and not in contradiction with the tape; the tape has to stand.  Mayor Festa stated for the record the tape is not the official documentation.

16. Council Comments
     a. Councilwoman Schenkel - believe that when she gets the minutes and does not get them before a meeting or at the meeting, she gets a packet before the meeting and does not want to be called on mistake.  She said that on the tape that we did not want to discuss our thoughts in public and her intent was to solicit what her co-council members thought of the proposals and if they had any ideas. At the caucus she took notes and everybody gave out a thought as to what they though would be a good recommendation, not a requirement, and were just offering suggestions to the Charter Revision and she typed it.  That is all they did, they took no vote, they did not talk about ways to undermine the Charter Revision proposals or anything else; just recommendations.  You could have taken recommendations and said, no, we are not making any changes and that is our final report and that is fine by them.  Cannot imagine anything going passed you not know, Mrs. Church, you know everything about town.  You are always here, you are very well informed, you talk to everybody and cannot image you were not aware, cannot understand why your chairman did not inform you but it is not her responsibility to personally call people and left that up to whoever does that.  If the communication was not communicated, she apologizes.  It was never the intent of the Council to keep you of the loop, they have been extremely supportive of Charter Revision throughout this entire 16 months to the point where she was accused of trying to control Charter Revision which is why she stepped down as liaison because she was not going to let anything get in the way of the progress that this Commission was going to do.  If anything, she wanted this commission to succeed. If because of a simple calculated error this is all for not she will be distressed.
     b. Councilman Sekorski – sorry he missed the meeting but glad it was not his fault the dates got screwed up and his interpretation of 45 days and why asked counsel for a letter and he will find that letter. Disappointing and hopes it works out and personal feeling it will default to final report and will vote on what would like to bring forward. Those things happen.  For the record he was not at the caucus which was completely legal and he ignored Jeanine's call on his cell.  One concern brought up by a few people and that is maintenance, not specific concern, but ball fields at Main Street School as there are still games going on and in limbo on who is taking care of it and asked the Mayor to call the superintendent.  Mayor Festa stated it is Parks and Rec who handle that.  Dave stated one guy got so angry as his daughter plays ball there that he put his tractor in his truck and cut the grass himself.  Another interesting point, we have to look for opportunity during summer to have the recreation department more engaged in field maintenance and some organization take care of fields themselves.  He will talk to Mr. Lorenzetti or get something in writing if over summer since we invested money in fields, not just baseball, and hate to see us do all this stuff and do have limited amount of recreation and would like it better maintained.  Mayor Festa stated in relation to the field there is situation developed with shortage of manpower in public works department lack of filling two vacancies.  Also issue at hand of Board of  Finance taking down position in Parks and Rec; and turnover of the schools and the fields, one school being turned over and the field kept in control by the BOE; and one field turned over to us but the school being kept in the BOE side.  Number of issues taking place relative to and in the process of looking at a contractual obligation to take care of all the properties that need mowing etc.  One of the things that  realize is we do not have facilities person in the public works department whose program is to maintain all fields and buildings and working on with Mr. Lorenzetti and please send him something as well.
     c. Mayor Festa - apologize to Charter Revision Commission members and the Town Council for any misunderstandings that have taken place relative to the times and dates; in February he gave the Charter Revision Commission a set of dates with calendars all marked off and in May gave a set of dates and calendars marked off to the Town Council as well.  There has been intent all along to make sure process moved along freely and carefully; the Charter Revision made the request for those particular calendars and he did his best one whole afternoon and early evening before their meeting, sent them down to you via the secretary for that Commission and they were tabled.  He went through a great deal at length to get those particular dates and times set up; same thing with Council, he gave a set of dates and times and there’s was crunch time to have back to back meetings on some of those calendar dates and thought it was appropriate to do that because in a time frame as well.  He does believe that all of us have some responsibility relative to looking at those time lines and making sure each other kept on board with it.  He as Mayor will take full responsibility for that because he does believe the ultimate responsibility lies in this office; however, he will not take the responsibility for people that sit with rumor and innuendo and have second issues or secondary issues that are not germane to a second standard.  He believes we all must live and work by the rules under which we all play and the playing field has to be fair.  It has to be honest and has to be above board.  To come here tonight or any other night and go before the podium and make accusations without any founded documentation is something he will not tolerate; something that he cannot tolerate.  There have been enough comments right here tonight relative to misinformation; one individual was given information on three different occasions about an issue that took place, but comes tonight asking the question begging for an answer when the answer was given three times over.  Another question comes up tonight relative to the standards, what do we hold true to our minutes and what is contained in the minutes.  He for one has never, ever changed a set of minutes for any purpose whatsoever whether he was acting Clerk of the Council or in any other position in authority to represent minutes.  He resents the fact that we hold people accountable to what is said on one side of the fence and not hold ourselves accountable on the other side and that we make changes to minutes before they are actually put out for public purview.  He takes strong exception to that and that is something he will not allow to go on any longer as long as he is sitting in the Mayor’s seat.  He holds the highest esteem to this office holding and the responsibility that he has before the members of this particular town that we live in and will not sit and have someone drag down through mud, through innuendo, through rumor and come back and tell us that is the talk on street out there and that is the talk of town.  If you don’t have these documentations to back up your accusations than actually politely and carefully be quiet until you have the documentation to prove it. This town has been hurting long enough and the hurt has to stop.  The rumor and innuendos are nonsense, has to stop and has kept his mouth quiet for a long time but will not sit here any longer and be quiet about it when the inaccuracies are out there and pin pointed against individuals who have not been able to respond or represent themselves in any manner, shape or form.  Finds it a total disregard for human nature, and for respect for the human being.

17. Adjournment
MOTION:  To adjourn by Councilwoman Jandreau; second Councilwoman Schenkel and the vote unanimous
Meeting adjourned at 8:57 p.m.

Respectfully submitted,
Robin Gudeczauskas, Clerk of the Council