Board of Selectmen minutes from 02-18-09

February 18, 2009 – approved by the BOS 03/04/09

Senior Center – 6:00 p.m.

The meeting was called to order at 6:01 p.m. Present were First Selectman Anthony J. DaRos; Second Selectman Francis W. Walsh and Third Selectman John Opie. Also attending were William Clendenen, Town Attorney; Shaun Heffernan, Assistant Fire Chief; Mark Deming, Director, BOE Buildings and Grounds; Alex Palluzzi, Director, Branford Recreation; Jerry Silbert, Executive Director, The Watershed Partnership; Joyce Forte, Director, Human Resources; Chris Sullivan, RTM Member; Pam Fowler, RTM Member; Josh Brooks, RTM Member; Ainsley Highman; David Goclowski; Priscilla Bolack; Penny Bellamy; Elisa Cleveland; Lucy Bello; Warren Gould; Maureen DaRos; Wayne Cooke; Charles Swofford; Sharon Swofford; Beth Dock; Susan Barnes; Jamie Cosgrove; Bill Tower; Pam Roy; Peter Davis; Richard Peck; Marie Kelly; Marcia Chambers and Mark Zaretsky as well as approximately six others.

Motion made by Selectman Walsh to approve the minutes of January 21, 2009. Seconded by Selectman Opie. Vote unanimous. Motion made by Selectman Walsh the minutes of November 21, 2007 (a review of the minutes does not reflect that these minutes were approved previously). Seconded by Selectman Opie. Vote unanimous.

Motion made by Selectman Walsh to enter into executive session at 6:02 p.m. to discuss pending litigation and receive an update on litigation/personnel matters with Town Counsel. Seconded by Selectman Opie. Vote unanimous.

Return to regular session at 6:18 p.m.

First Selectman DaRos requested Town Attorney William Clendenen to attend the executive session. Present in executive session were First Selectman Anthony J. DaRos; Second Selectman Francis W. Walsh, Third Selectman John Opie and Town Attorney William Clendenen. For the record no votes were taken while in executive session.

To discuss and take action as necessary based on advice from Town Counsel. No action was taken on this item.

Assistant Fire Chief Shaun Heffernan addressed the Board to provide information concerning the request to approve the following resolution:

Resolved, that Anthony J. DaRos, First Selectman is authorized to make, execute and approve on behalf of this corporation, any and all contracts or amendments thereof with the State of Connecticut Department of Public Health to provide a grant in the amount of $1,885.35 to the Town of Branford for the acquisition of Bluetooth Adapters for use by the Branford Fire Department.

Motion made by Selectman Opie to approve the resolution. Seconded by Selectman Walsh. Vote unanimous.

Joyce Forte, Human Resources Director, addressed the Board concerning the request to approve the 2009-2010 Unaffiliated Employee Health Benefit Premium shares.

Motion made by Selectman Walsh to approve the 2009-2010 Unaffiliated Employee Health Benefit Premium Shares. Seconded by Selectman Opie. Vote unanimous.

To consider, and if appropriate, consider changes to the Fire Pension/Stipend plan. No action was taken on this item.

Mark Deming, Director of Buildings and Grounds for the BOE, addressed the Board to provide additional information concerning the request to waive the bid for the purchase of a snow plow vehicle.

Motion made by Selectman Walsh to approve a request from the Board of Education to waive the bid for the purchase of a snow plow vehicle. Seconded by First Selectman DaRos. Selectman Opie opposed. Vote 2–yeas, 1-nay. Pursuant to section 75-3 of the Code of the Town of Branford approval of the waiver requires unanimous vote of the Board of Selectmen therefore the request for approval is denied.

Motion made by Selectman Walsh to approve a renewal pawn brokers license to:

Mr. Anthony Lomatra valid from February 10, 2009 to February 10, 2010. Seconded by Selectman Opie. Vote unanimous.

Motion made by Selectman Walsh to approve a request from the Branford Festival Committee for use of the Town Green on June 19 thru June 21, 2009 to hold the 25^th Annual Branford Festival. Seconded by Selectman Opie. Vote unanimous.

Motion made by Selectman Opie to approve a request from the Branford River Project for use of the Town Green on Saturday, April 18, 2009 as a gathering area for volunteers for the annual Spring Clean up day. Seconded by Selectman Walsh. Vote unanimous.

Motion made by Selectman Walsh to approve a request from the Trinity Episcopal Church for use of the Town Green on Saturday, September 12, 2009 to hold the annual Church fair. Seconded by Selectman Opie. Vote unanimous.

Selectman Walsh read the following resolution:

RESOLUTION OF THE BRANFORD BOARD OF SELECTMEN IN SUPPORT OF VOLUNTARY NON-USE OF PESTICIDES AND SYNTHETIC FERTILIZERS ON LAWNS AND GARDENS BY THE CITIZENS OF BRANFORD

WHEREAS, Children, pets and the unborn child are particularly vulnerable to adverse health effects of synthetic lawn pesticides such as cancer, asthma, and neurodevelopmental disorders; and,

WHEREAS, Lawn pesticides are known to contaminate groundwater and wells; and,

WHEREAS, Federal registration of pesticides is no guarantee of safety; and

WHEREAS, Lawn and garden fertilizers contribute 11% of the nitrate found in the non-point source runoff and increased nitrate in the waters of Long Island Sound can cause hypoxia (absence of oxygen) resulting in stress and death to fish and plant life; and,

WHEREAS, The synthesis of nitrogen-based fertilizers release large amounts of carbon dioxide into the atmosphere contributing to global warming; and

WHEREAS, Regular use of pesticides upsets nature’s balance by killing beneficial soil organisms that, when left alone, will control many unwanted pests; and,

WHEREAS, Proper organic lawn and garden care will improve the soil, conserve moisture; and encourage a deeper root system, that requires less care and less water; and;

WHEREAS, We believe it is prudent to adopt a precautionary approach, so that when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established; and,

WHEREAS, The Town of Branford has accordingly incorporated organic lawn and turf care for managing pest and weed problems with the least possible hazard to people, property and the environment;

NOW THEREFORE, BE IT RESOLVED THAT since the health of the children and citizens of the Town of Branford, their water, the environment and Long Island Sound will all benefit from the decreased use of chemical fertilizers and lawn pesticides, The Town of Branford urges all citizens to voluntarily refrain from the use of chemical fertilizers and lawn pesticides and encourages the use of organic lawn care.

Motion made the Selectman Opie to approve the resolution. Seconded by Selectman Walsh. Vote unanimous.

Board of Police Commissioners – 3 years

Anthony Lasala to fill the expired term of Bruce Morris and Robert Denhardt to fill the expired term of John Giordano. Terms to expire January 30, 2012. Motion made by Selectman Walsh to approve the appointments. Seconded by

Selectman Opie. Vote unanimous.

Flood and Erosion Control Board – 5 years

Robert Criscuolo to fill a vacancy left by Charles Bohn term to expire April 30, 2014.

Donald Ballou to fill a vacancy left by John Lipkvich term to expire April 30, 2012. Motion made by Selectman Opie to approve the appointments. Seconded by Selectman Walsh. Vote unanimous.

To appoint Stuart Klarman as a hearing officer to hear appeals for parking tags (local) term to expire January 31, 2011. No action was taken on this item.

Board of Fire Commissioners – 3 years

Robert Massey and David LaCroix terms to expire January 31, 2012. Motion made by Selectman Opie to approve the reappointments. Seconded by Selectman Walsh. Vote unanimous.

Flood and Erosion Control Board – 5 years

Richard Coyne term to expire April 30, 2014. Motion made by Selectman Walsh to approve the reappointment. Seconded by Selectman Opie. Vote unanimous.

East Shore Health Department Regional Board – 3 years

Elaine Brainerd term to expire February 28, 2012. Motion made by Selectman Opie to approve the reappointment. Seconded by Selectman Walsh. Vote unanimous.

Human Services Board – 3 years

Maria Storm, Bruce Grenon and Deanna O’Connell terms to expire December 31, 2011. Motion made by Selectman Walsh to approve the reappointments. Seconded by Selectman Opie. Vote unanimous.

Parker Memorial Park Commission – 5 years

Norman Esborn term to expire December 31, 2013. Motion made by Selectman Opie to approve the reappointment. Seconded by Selectman Walsh. Vote unanimous.

Selectman Opie read the story of the Four Chaplains as published by The Four Chaplains Foundation describing the event on February 3, 1943 on board the U.S.A.T Dorchester. The Board acknowledged the annual memorial services conducted by the American Legion in recognition of the sacrifices of these men.

Motion made by Selectman Walsh to enter into executive session at 6:50 p.m. to discuss pending tax appeals. Seconded by Selectman Opie. Vote unanimous.

Return to regular session at 6:54 p.m.

Present in executive session were First Selectman Anthony J. DaRos; Second Selectman Francis W. Walsh, and Third Selectman John Opie. For the record no votes were taken while in executive session.

Motion made by Selectman Walsh to accept and approve a memorandum of agreement and finding of fact in the Schiffer v. Branford – 52 Riverview Avenue tax appeal case as recommended by Town Attorney James Perito. Seconded by Selectman Opie. Vote unanimous.

Motion made by Selectman Walsh to accept and approve a memorandum of agreement and finding of fact in the Porto v. Branford – 736 Main Street tax appeal case as recommended by Town Attorney James Perito. Seconded by Selectman Opie. Vote unanimous.

Resignation letter from Rhoda Loeb from the Economic Development Commission. Motion made by Selectman Walsh to accept the letter with regret. Seconded by Selectman Opie. Vote unanimous.

First Selectman DaRos read a letter from Wayne Cooke requesting ten minutes to address the Board. Mr. Cooke addressed the Board from 6:56 p.m. for approximately 8 minutes. Mr. Cooke set up between 12-15 presentation boards containing various information.

Mr. Bill Tower addressed the Board to make a recommendation concerning how the board addresses citizen’s requests.

First Selectman DaRos mentioned a suggestion received from Mr. Mike DeLauro concerning coffee at the local libraries. In addition, the town has also received an unsolicited bond rating upgrade to AAA.

Motion made by Selectman Walsh to adjourn the meeting at 7:07p.m. Seconded by Selectman Opie. Vote unanimous.

Respectfully Submitted,