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BOARD OF SELECTMEN

September 6, 2016

SELECTMEN PRESENT: J. Christopher Kervick, Michelle L. Hill and Denise T. Balboni

ALSO ATTENDING: Peter Tomalonis, Michael Bracken, Douglas Glazier, Patricia King,
Doug Hamilton, Joe Calsetta, Paul Harrington, and several town residents
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CALL TO ORDER:

First Selectman Kervick called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was observed.

Selectman Kervick stated that he would be limiting public input to three minutes per person to give everyone an opportunity to speak.

PUBLIC INPUT:

Public Input was received from:

Peter Tomalonis, 69 Juniper Drive – commented on his letter that is being read tonight under “Correspondence”, and the vehicles that town employees are taking home.

Michael Bracken, 12 Tinker Drive – has several FOI complaints that he will be filing re: First Selectman’s Facebook page, and the editorial in the Journal Inquirer regarding the Ambulance Service; he also spoke regarding the number of street lights that are out in town that could be contributing to recent burglaries in the area.

Douglas Glazier, 167 Taft Lane – commented on the Windsor Locks Lions Club Ambulance Service going to the Board of Finance for additional funding. He thought that the Ambulance Association falls under a similar body such as the Fire Department as a public safety service.

Douglas Hamilton – stated that the Ambulance Service is privately funded the same as the Library and Fire Department who also seek annual funding from the town; thought that a 1099 Form should be issued for all employees that take home a town vehicle; is there a commitment from the State that the train station will be moving to the new location; tax revenue from the proposed Montgomery Building renovation; has the State committed to giving the town the three-million dollar grant for Main Street renovations; gave lengthy input regarding blight on Main Street and around town.

Patricia King, 461 North Street – stated that the Lion’s Club is working with the Ambulance Committee and have presented their budget to them.

APPROVAL OF THE AUGUST 2, 2016 REGULAR MEETING & THE AUGUST 18th and AUGUST 30th SPECIAL MEETING MINUTES:

Selectman Hill moved to approve the August 2nd Regular Meeting and the August 19th & August 30th Special Minutes as presented. Selectman Balboni seconded the motion. All were in favor. Motion carried.

CORRESPONDENCE:

a. Letter from Peter Tomalonis re: Police Union Contract Negotiations

First Selectman Kervick read the email from Mr. Tomalonis into the record as follows:

“Date: Tuesday, August 16, 2016

Subject: Illegal Contract per Town Charter

Selectmen:

Why does the Town of Windsor Locks have a Town Charter if the First Selectman feels that he doesn’t have to abide by it or make sure others follow it? Another example of this is when the Police Union negotiated their contract with the town. The Town Charter says one thing but it was not followed. Doesn’t that make the contract null and void?”

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“Charter – Town of Windsor Locks, Connecticut

The Board of Selectmen shall appoint a committee of three, consisting of one member each from the Board of Selectmen, Board of Finance and the involved department head, board, commission or similar body, who shall represent the municipal employer in collective bargaining with employee organizations and shall have such authority as is consistent with State Statutes

Did anyone count or see the word “Three”? It doesn’t say one, it doesn’t say two, it says “THREE”. If there isn’t three attending the collective bargaining with the employee organization, there cannot be collective bargaining in good faith. Therefore, there is NO binding contract and is not consistent with State Statues. It doesn’t matter the reason that the third party wasn’t at the bargaining table, the charter calls for three. No referendum is needed to vote down the contract because there is NO legal contract no matter what town commission or organization voted yes for it.

This is my opinion based on the Windsor Locks Town Charter.”

Peter J. Tomalonis

Attached to the letter (email) was the Tuesday, August 16, 2016 Board of Selectmen’s Agenda.

The Selectmen received a copy of an email from First Selectman Kervick that was sent to the Board of Finance Chairman, the Chief of Police, the Finance Director, and the Town Labor Attorney, on December 14, 2015, stating that they would be the members of the negotiating committee for the dispatcher and police union contract negotiations.

A copy of the email will be given to Mr. Tomalonis by his request. Mr. Tomalonis felt that if all members of the negotiating committee were not in attendance at the negotiations the contract was illegal.

OLD BUSINESS:

a. Ordinance Revision Regarding Building Permits for Delinquent Taxpayers

The proposed change to the “Tax-Delinquent Parties and Property” Ordinance, “Chapter 324, Article I: Issuance of Permits and Certificates of Occupancy, § 324-1. Restrictions on Issuance”, has been reviewed at previous meetings. The proposed revision incorporates an exception for emergency situations such as; electric service changes, partial electric service changes, emergency electrical work, furnace or boiler replacements, residential roof replacements, or any other residential repair or replacement which in the opinion of the Building Official is necessary to prevent damage to a property, or a cause for a reduction of the assessed value of the property.

Following clarification from the Town Attorney on if the proposed revision would apply to a permit applicant who owed any kind of taxes, or just for taxes on the subject property, it was determined that the only time a building application can be withheld is when taxes are delinquent on the property for which the permit is sought.

Selectman Balboni moved to approve the revised language of the Building Permits for Delinquent Taxpayers Ordinance as proposed. Selectman Hill seconded the motion. All were in favor. Motion carried.

Selectman Balboni moved to forward the proposed revised Ordinance to the September 20, 2016 Town Meeting for final adoption. Selectman Hill seconded the motion. All were in favor. Motion carried.

b. Update – Employee Vehicle Policy

The Selectmen discussed the different departments that take vehicles home, and if they are a contractual obligation or an emergency services requirement. Input has been received from these employees to justify the reasons why they take vehicles home, but more follow-up would help to make a better determination based on individual necessity. Selectman Kervick will forward any additional information to the Selectmen that he is able to gather from the employees.

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c. Truck Traffic Concerns on Elm Street and Old County Road

The Town Planner has gone through the Old County Road files (2002 – Watkins) where there is reference to which direction truck traffic should enter and exit the development. Further research will need to be done to see if any related stipulations were placed on the property deeds for the parcel.

Elm Street is a more difficult problem because Ahlstrom has been asked to use that road for their trucks instead of other town roads. Any additional findings will be forwarded to the Selectmen.

NEW BUSINESS:

a. Truck Traffic Concerns on North Street

Several complaints have been received regarding the increasing truck traffic on North Street. The difficulty is that there are two or three commercial businesses with a fair amount of heavy vehicle traffic that are located within a residential section of town as well as across from North Street School. The Town Planner has done some research on the matter and indicated that the properties are already rezoned for residential use so when the uses are abandoned, or property is purchased, the new uses will be compatible for the area. More research is needed followed by contacting the individual business owners to relay the concerns. Incentivizing the owners to relocate to another area might also be considered as a solution.

b. Revise Town Ordinance “Vehicles and Traffic”, Article V – Payment of Automobile Taxes,
§340-8, Installment Payments

The language change to the Ordinance to increase installment payments for automobile taxes from $50.00 to $100.00 is being requested by the Tax Collector, as allowed by State Statute.

Selectman Hill moved to approve the revision to “Article V – Payment of Automobile Taxes” to allow for installment payments for automobile taxes in excess of $100.00. Selectman Balboni seconded the motion. All were in favor. Motion carried.

Selectman Hill moved to forward the Ordinance revision to the September 20, 2016 Town Meeting for final adoption. Selectman Balboni seconded the motion. All were in favor. Motion carried.

c. Items for September 20, 2016 Town Meeting:
● Discuss Transfer $106,000.00 from BOF Debt Reduction to Main Street Renovations
● Discuss Transfer $ 17,020.00 from Contingency Fund for Viewpoint Software

The $106,000.00 transfer from the Board of Finance Debt Reduction to the Main Street Renovations account was thought to be a way to satisfy the payment of $305,000.00 for engineering costs for the Main Street Renovations, however the Town Charter does not allow for funds to be transferred for items in the budget that have been allocated for debt reduction. The amount of $200,000.00 has already been allocated, The Board of Finance will be providing an alternative solution for transferring the $106,000.00 to the Main Street Renovations account at their September 13, 2016 meeting.

The Selectmen will plan to hold a Special Meeting on September 13th at 6:45 p.m. so that the item can be added to the September 20, 2016 Town Meeting.

The $17,020.00 Viewpoint Software is a project management software that will benefit the Building Department; all Building Department permits will be able to be filed and paid on-line. Blight complaints will also be able to filed on-line including being able to download photos. It is a management tool that can be customized as needed.

Selectman Hill moved to forward the approval of the transfer of $17,020.00 from the Contingency Fund to the September 20, 2016 Town Meeting for the purchase of the

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Viewpoint Software. Selectman Balboni seconded the motion. All were in favor. Motion carried.

d. Tax Increment Financing Policy – Schedule Public Hearing Date

The Tax Increment Financing (TIF) Program will allow the town to reinvest into an identified district to stimulate blighted and rundown areas without a tax increase or bonding to do so.

Main Street is being proposed as the first area, however several steps need to be taken to complete the process in adopting the District: Planning & Zoning review, a Public Hearing on the issue (can have more than one), Board of Finance review, and Town Meeting approval.

An overall Master TIF Policy will also need to be developed to specify how the Town reviews and determines each of the districts. A proposed Tax Increment Financing (TIF) Policy was distributed to the Selectmen. No action will be taken on the Policy until the Board has had an opportunity to review it.

To get the process moving forward in qualifying Main Street as a TIF District, a Public Hearing will need to be held as soon as possible.

Selectman Hill moved to schedule a Public Hearing for Tuesday, September 13, 2016 at 7:00 p.m., at the Windsor Locks Town Hall, 50 Church Street, Windsor Locks, CT 06096, to review and discuss the establishment of a Tax Increment Financing (TIF) District incorporating the Main Street Overlay Zone. Selectman Balboni seconded the motion. All were in favor. Motion carried.

APPOINTMENTS, RE-APPOINTMENTS, RESIGNATIONS

a. Re-Appointment:

1. Rosemary Cunningham (D) to the Committee on the Needs of the Aging for a term
expiring on 05/31/2019

Selectman Hill moved to re-appoint Rosemary Cunningham to the Committee on the
Needs of the Aging for a term expiring on May 31, 2019. Selectman Balboni seconded the
motion. All were in favor. Motion carried.

b. Resignation:

1. Jim Anderson (U) from the Historical Commission

The Selectmen accepted Mr. Anderson’s resignation from the Historical Commission with regret and thanked him for his years of service to the Town of Windsor Locks.

TAX REFUNDS: None.

PUBLIC INPUT:

Michael Bracken – commented on the police/dispatcher negotiations, Police Department salaries, employees that have town vehicles, the cost of police vehicles, the Lions Club Ambulance Service, streetlight outages, and the recent burglaries in town.

Joe Calsetta – asked if the Tax Increment Financing Policy would be available online.

Paul Harrington – stated that he reported a streetlight outage in his neighborhood to Eversource that was fixed the next day.

SELECTMEN’S COMMENTS: None.

COMMENTS – FIRST SELECTMAN:

● The streetlight outage in town will be looked into.

● Selectman Kervick apologized to Mr. Bracken for raising his voice to him at a prior meeting.

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ADJOURNMENT:

There being no further discussion or information to come before the Board of Selectmen;

A motion to adjourn the meeting at 7:47 p.m. was made by Selectman Hill and seconded by Selectman Balboni. All were in favor. Motion carried.

Respectfully submitted,

Susan R. Barsanti

Susan R. Barsanti
Recording Secretary

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