Board of Selectmen minutes from 03-18-09
March 18, 2009 – approved by the BOS 04/01/09
Senior Center – 6:00 p.m.

The meeting was called to order at 6:03 p.m.  Present were First Selectman Anthony J. DaRos; Second Selectman Francis W. Walsh and Third Selectman John Opie.  Also attending were Joseph Mooney, Chairman, Board of Finance; Joyce Forte, Human Resources Director; William Ryan, Labor Attorney; James Pomeranz, Attorney; Douglas Hanlon, RTM member; Grady Keefe, RTM member; Chris Sullivan, RTM member; Maryanne Amore, RTM member; Alice Lambert, RTM member; Pam Fowler, RTM member; Karyl Lee Hall, Conservation Environment Commission; Lindsay Mathew, Clean Energy Task Force; Maureen DaRos; Hubba DaRos; Eliza Cleveland; Thomas Cleveland; Jamie Cosgrove; Priscilla Bolack; Wayne Cooke; Susan Barnes; Joan Merrick; Pete Davis; Maria Storm; Mike McDonald; Pam Roy; Pete Lombard; Ainsley Highman; Mark Zaretsky and Marcia Chambers as well as approximately 18 others including several neighbors from Cresent Bluff Avenue.

Motion made by Selectman Walsh to approve the minutes of March 3, 2009.  Seconded by Selectman Opie.  Vote unanimous.

Joseph Mooney, Chairman of the Board of Finance addressed the Board to give a brief presentation concerning the Board of Finance.

First Selectman DaRos read the following resolution:

Be it hereby resolved that it is in the best interests of the Town of Branford to enter into contracts with the Department of Environmental Protection for the reimbursement of operation and maintenance activities for the operation of a marine sewage pumpout boat.

In furtherance of this resolution, the First Selectman Anthony J. DaRos is duly authorized to enter into and sign said contracts on behalf of the Town of Branford.  First Selectman Anthony J. DaRos is further authorized to provide such additional information and execute such other documents as may be required by the state or federal government in connection with said contracts and to execute any amendments, recisions, and revisions thereto.  The Town Clerk Marianne Kelly is authorized to impress the seal of the Town of Branford on any such document, amendment, recision, or revision.

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

Pat Andriole addressed the Board to explain the request from The Branford Counseling Center to waive bidding for a media campaign for the Branford Coalition to Prevent Underage Drinking and award the contact to Comcast. Motion made by Selectman Opie to approve the request.  Seconded by Selectman Walsh.  Vote unanimous.

First Selectman DaRos requested Joyce Forte, Human Resources Director; William Ryan, Labor Attorney and James Pomeranz, Attorney to attend the executive session to discuss a pending legal matter.  Motion made by Selectman Opie to enter into executive session at 6:21 p.m.  Seconded by Selectman Walsh.  Vote unanimous.

Motion made by Selectman Walsh to approve a request from Nancy Cohen, Activities Coordinator, Canoe Brook Senior Center, for an exemption as permitted by section 115-4 of the Code of the Town of Branford regarding the consumption of alcoholic beverages in a public area and allow beer and wine to be served at the following events:

May Dinner party – May 27, 2009
June Dinner party – June 24, 2009
July Dinner party – July 29, 2009
Amazing August Dinner party – August 26, 2009

Seconded  by Selectman Opie.  Vote unanimous.

Motion made by Selectman Opie to approve the transfer of the supervision of the Stony Creek Dock Master from the First Selectman’s Officer to the Police Department.   Selectman Opie suggested that the Board of Selectmen review the rules of the dock.  Seconded by Selectman Walsh.  Vote unanimous.

Selectman Walsh read the following resolution: 

TOWN OF BRANFORD
FAIR HOUSING RESOLUTION

Whereas,        All American citizens are afforded a right to full and equal housing opportunities in the neighborhood of their choice; and

Whereas,        State and Federal Fair Housing laws require that all individuals, regardless of race, color, religion, sex, national origin, ancestry, marital status, age mental or physical disability, lawful source of income, sexual orientation, familiar status, be given equal access to rental and homeownership opportunities, and be allowed to make free choices regarding housing location; and

Whereas,        The Town of Branford is committed to upholding these laws, and realizes that these laws must be supplemented by an Affirmative Statement publicly endorsing the right of all people to full and equal housing opportunities in the neighborhood of their choice.

NOW THEREFORE, BE IT RESOLVED, that the Board of Selectmen of the Town of Branford hereby endorses a Fair Housing Policy to ensure equal opportunity for all persons to rent, purchase and obtain financing for adequate housing of their choice on a non-discriminatory basis; and

BE IT FURTHER RESOLVED, that the First Selectman, of the Town of Branford or his designated representative is responsible for responding to and assisting any person who alleges to be the victim of an illegal discriminatory housing practice in the Town of Branford.

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

First Selectman DaRos read the following policy:

TOWN OF BRANFORD
FAIR HOUSING POLICY STATEMENT

  • It is the policy of the Town of Branford to promote Fair Housing opportunities and to encourage racial and economic integration in all its programs and housing development activities
  • Programs funded and administered by the Town of Branford must comply with the provisions of Section 46a-64c of the C.G.S., and with related state and federal laws and regulations that prohibit discriminatory housing practices.
  • The Town of Branford or any Subrecipient of the Town will carry out an affirmative marketing program to attract prospective buyers or tenants of all majority or minority groups, without consideration of race, color, religion, sex, national origin, ancestry, creed, sexual orientation, marital status, lawful source of income, disability, age or because the individual has children, in all programs and housing development activities funded or administered by the Town of Branford.
  • The municipality’s First Selectman’s Office is responsible for the enforcement and implementation of this policy.  The First Selectman can be reached at 203-488-8394.
  • Complaint(s) pertaining to discrimination in any program funded or administered by the Town of Branford may be filed with the First Selectman’s Office.  The municipality’s Grievance Procedure will be utilized in these case(s).
           Complaints also may be filed with the Commission on Human Rights and Opportunity, Special Enforcement Unit, 21 Grand Street, Hartford, Connecticut 06106.

A copy of this policy statement will be given annually to all Town employees and they are expected to fully comply with in.  In addition, a copy will be posted throughout the Town.

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

Selectman Opie read the following policy:
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Town of Branford does not discriminate in the provision of services, the administration of its programs, or the contractual agreements with subrecipients.  The Town of Branford seeks to fully carry out its responsibilities under the Title VI Regulations.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the grounds of race, color, or national origin in programs and activities receiving Federal financial assistance.  Title VI provides that “No person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program” covered by the Regulations.

This policy is effectuated through the methods of administration outlined in the Town’s document entitled “Fair Housing Plan” and is fully implemented to ensure compliance by the Town, as the recipient, and by subrecipients.  The cooperation of all Town personnel is required.

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

Motion made by Selectman Walsh to approve a request from Maryanne Hall for use of the Town Green on Saturday, April 18, 2009 to celebrate and recognize Branford volunteers.  Seconded by Selectman Opie.  Vote unanimous.

Motion made by Selectman Walsh to appoint Stuart Klarman as a hearing officer to hear appeals for parking tags (local) term to expire January 31, 2011.  Seconded by Selectman Opie.  Vote unanimous.

The following item was removed from the agenda:  Economic Development Commission – 3 years.  Peter Indeck term to expire July 31, 2011.

Center Revitalization Review Board – 3 years
    Otty Norwood and R. Anthony Terry terms to expire March 31, 2012.  Motion made by Selectman Opie to approve the reappointments.  Seconded by Selectman Walsh.  Vote unanimous.

Planning and Zoning – 5 years
      Ellsworth McGuigan term to expire October 31, 2013.  Motion made by Selectman Opie to approve the reappointment.  Seconded by Selectman Walsh.  Vote unanimous.


The Board briefly discussed the Strategic Review Committee.  First Selectman DaRos stated he would like to send letters to the Board of Finance, Board of Education, Chamber of Commerce, Conservation / Environmental Commission, Economic Development Commission, and one of the Social Services boards such as the Housing Authority requesting that they make a recommendation for a representative to the Strategic Review Committee.  He also stated that the make up of the Committee should include 3 members at large possibly a representative from the Land Trust, a Commercial Realtor and the

Branford Community Foundation.  Selectman Opie asked if it may be worthwhile to have a representative from the Planning and Zoning Commission.  He also stated that he thought the at large positions would be regular citizens not Board or Commission members.

Wayne Cooke commented concerning the Chamber of Commerce’s input.

Susan Barnes stated that she objected that the taxpayer was being excluded that the Committee should include regular citizens.

Several residents from Cresent Bluff Avenue were present at the meeting.  Attorney Joel Green addressed the Board on their behalf.  Residents included Robert and Celia Callahan, Mr. Sessa, and residents from #30 and #41.  He stated that there has been extensive litigation over the past 6 years involving six families on Cresent Bluff Avenue of which his clients have stayed out of.  He stated that they have reached out to all of the neighbors to bring peace.  He stated that he cannot assert right on behalf of the town.  The Town has maintained the road, paved it, plowed it, etc.  The town has submitted it as a town road on its reports to the state.  He further stated that a neighbor has had the area surveyed and had property markers (stakes) inserted along neighboring properties.  He would like the town to establish the nature and extent of Cresent Bluff Avenue.

First Selectman DaRos stated that he has requested another attorney other than the town attorney to look into this to assure that the town’s rights are protected.  He stated that the town does not have an easement for the water or sewer service.  The streetlights are paid for by the town.  Agree that the town submits Cresent Bluff Avenue on the state report as a town road.  He also stated that the town has an interest in the drainage pipe only in grass area.  No easements indicate that an assumption was made that it’s a town road.  The town will not get in the middle of litigation.  He stated the town will look into the issue of the road to protect the town’s interest.

Wayne Cooke addressed the Board (7:20 p.m.) to discuss Exit 56.

Motion made by Selectman Opie to adjourn the meeting at 7:37 p.m.  Seconded by Selectman Walsh.  Vote unanimous.

Respectfully Submitted,

Trista Milici
Clerk