THESE MINUTES ARE SUBJECT TO APPROVAL AT THE NEXT BOARD OF FINANCE MEETING REGULAR MEETING BOARD OF FINANCE January 15, 2009 The Regular Meeting of the Chester Board of Finance was called to order at 7:15 p.m. by Jennifer Wislocki. Those in attendance included Jennifer Wislocki, Rick Morrow, Chris Johnson, John Brodzinski (seated for Kim Just) and Virginia Carmany. Dave Cohen and Rich Nankee arrived at 7:20 p.m. Rich will not be seated. APPROVAL OF MINUTES Virginia Carmany made a motion to approve the minutes from the December 18, 2008 minutes, with corrections. Rick Morrow seconded the motion. Discussion followed: Corrections: correct spelling to Greeney and Maas throughout document. Page 5 – paragraph 6 – the woman referenced is Jackie Caron Paragraph 7 – add that Virginia Carmany suggested reducing the Road Budget temporarily to accommodate for this one-time expense. Jennifer Wislocki reported that the letters to be submitted referenced on page 8 were not, in fact, submitted with the minutes. Therefore, she suggested the BOF not approve these minutes until the full board has received these letters. Tom Marsh continued that the letters were included in the hard copy of the minutes and is in the safe at town hall. An electronic copy of the letters will be sent to members. Virginia Carmany made a motion to table the December 18, 2008 minutes subject to the letters being distributed to the BOF. Dave Cohen seconded the motion. The motion passed unanimously. REPORTS First Selectman’s Report Sewer Tom Marsh reported that the pipe has been laid for the sewer project and the blasting has been completed. There are still several laterals that need to be placed however the cold weather has hindered that process. The contractor plans to do the winter paving next week. Hopefully, this work will be completed before 1/22/09 as that is the official date of the 154 bridge closing. The anticipated completion date of the bridge is May 10, 2010. The state police have assigned additional troopers on the 22nd to ensure police coverage to handle traffic and detours. The official DOT detour is exit 4 and exit 7. Tom does 1 anticipate cars going through town as a detour and he has discussed his concerns with the DOT as well as Jamie Spallone. 2009-2010 Budget Process Tom Marsh reported that a draft schedule has been sent out with all of the budget packets. The various departments should return their budgets by January 31, 2009 and distribution to the BOS and BOF should be completed by February 17, 2009. A tentative meeting has been scheduled on February 19, 2009. This meeting will discuss the Revenue and Capital Budgets. The Governor presents her budget on February 4, 2009. Traditionally, her numbers have been more conservative when compared to the Legislatures. The Governor’s figures will be incorporated into the Town’s Revenue budget. The Capital Budget policy will be reviewed. Upcoming meeting dates include: February 17, 2009 February 19, 2009 March 3, 2009 March 19, 2009 March 24, 2009 Joint BOS and BOF meeting Regular BOF meeting – BOS will attend Regular BOS meeting – BOF will attend Regular BOF meeting – BOS will attend BOF meeting - Board Chair input The final review of the budget will be in mid April with a Public Hearing in late April. The town will vote on the budget on May 12, 2009. Tom continued that he met earlier with area First Selectmen, House and Senate majority and minority leaders. It was a unified message to the legislature that the biggest concern of the towns is to receive an early budget from the legislature. We do not want to be in a position of voting on our budget in May if the state’s budget is still being discussed. Their goal is to get a state budget passed in April. Tom Marsh reported that on January 22, 2009 a Public Forum will be held with the boards to solicit input from residents. Revaluation Tom Marsh reported that usually, the Grand List is signed at the end of January. This year, because of the revaluation, that official number will not be ready until the end of February. We will, however, have a “ball park” figure before February. Tom briefly defined the process for revaluation and the effect it may or may not have on individual taxes. He encouraged the BOF to identify a mil rate as a result of the revaluation. Tom Marsh reported that the BOS has requested that the town operating budget, the elementary school budget and the region 4 school budget all come in at a 0% increase. 2 Tom continued that Martin Heft recently met with the High School Principal. His comment was that the Deep River BOS had issued the same statement. Essex’s message was for the budget to be flat. Jennifer Wislocki stated that the BOE feels that, overall, it will take program cuts to bring their budget in at 0%. Tom responded that the BOE will have to be creative and make priority decisions as will the rest of the boards. He continued that, at the end of the day, it is a public vote. Virginia Carmany requested a copy of the final actuals for the 07/08 year. This will be provided. Tax Collector’s Report The Tax Collector’s Report was included in the Board’s packet. Jennifer reported that we had budgeted collections of 98.5% of taxes and, to date, 60.7% have been collected. Tom Marsh reported that this report was prepared by our new Tax Collector and things are going well in the department. He added that these figures are through December 31, 2008. Monthly Financials The monthly financials were included in the Board’s packet. The BOF reviewed and discussed same. Tom Marsh reported that the current balance for Winter Maintenance is $22,000.00. The recent storms have been depleting this account. BUSINESS Proposed Open Space Acquisition Consideration and vote on Town Meeting Call Jennifer Wislocki reported that the BOS voted to move a Town Meeting Call as follows: NOTICE OF SPECIAL TOWN MEETING The electors of the TOWN OF CHESTER, CT and all other citizens qualified to vote in town meetings of the said TOWN OF CHESTER are hereby notified and warned that a Special Town Meeting will be held on Tuesday, February 24, 2009 at 7:30 p.m. at the Meeting House at 4 Liberty Street to consider and act upon the following: 1. To authorize the transfer of $219,000 from 20-00-31-0000-046 Capital Reserve Main Street Project and $9,000 from 20-00-01-0000-007 Capital Reserve Undesignated to 20-00-01-0000-008 Farmland Preservation. 3 2. To authorize and additional appropriation of $150,000 from the general fund balance to 10-05-62-1000-150 Capital Non-Recurring. 3. To authorize an additional appropriation of $150,000 to line item 20-00-010000-008 Farmland Preservation. 4. To authorize the expenditure of an amount not to exceed $385,000 from 2000-01-0000-008 Farmland Preservation for the acquisition of certain property described herein and to authorize the BOS to acquire for open space purposes the following parcel of land from David and Maria Otfinoski, the current owner, all that real property known generally as a parcel located at Parker’s Point Road in Chester, CT containing 4.6 acres more or less, and shown as lot #9 on Chester’s Assessor’s Map #4 together with any improvements thereon and appertence thereto collectively known as the premises as recommended by the BOF. A copy of all texts is on file with the Town Clerk’s office. Signed and sealed in Chester this 14th day of January, 2009 Thomas E. Marsh First Selectman Bruce H. Watrous Selectman Martin L. Heft Selectman Virginia Carmany made a motion that the BOF move this notice of Special Town Meeting to a Town Meeting. The motion was not seconded. AUDIENCE OF CITIZENS Laura Straub reported that she and her husband did not approve the purchase of this property. John Bellos, President of the Land Trust, reported that it has always been in the town’s Plan to acquire riverfront property. He continued that a number of years ago, the BOF closed the Open Space Fund. If that had not happened, money for this purchase would be available now. He felt it was shortsighted to pass on this opportunity as the funding from the state will not be available again. Sandy Prisloe, Chairman of the Conservation Commission, reported that the Conservation Commission recommended the acquisition of this property. He continued that a recommendation in the Vision Statement was that the town acquires riverfront property. The POCD also identifies as a priority the acquisition of frontage on the river. All of the local boards and commission that have been involved in decision making have recommended acquisition of property on the Connecticut River. He expressed disappointment that the motion was not seconded; which would have allowed discussion. He added that the community will now not have an opportunity to vote on the purchase. Mrs. Straub asked if there was a plan for safety and privacy on the property. Tom Marsh responded that he discussed the issue with Adam Brown, the Resident Trooper. Adam 4 did not have any concerns with the purchase of the property from a law enforcement perspective. Jeannette Caron, a neighbor, read the following into the minutes: I am against using town funds for the purchase of land on Parker’s Point Rd., especially taking money from the Main Street Project when we should be conserving these funds and adding them for future work as well as protection against emergencies. I am also against the acquisition of any land without a town plan on how it is going to be used. Inasmuch as various Chester Boards and Commission will always recommend the acquisition of riverfront land, I believe that a much more suitable will be available in the future and we should be saving for that instead of taking money from town funds now. Sandy Prisloe reported on the Grants received for the purchase of this property which amounted to approximately half of the cost of the property. He continued that the town has an opportunity to purchase a piece of property at a cost to the town which is far below the property’s market value. A woman reported on the “plan” for the property. She reported that this is a park for passive recreation. The town receiving money from the DEP for the purchase of this property limits anything that can be done to the property. At the most, we could put picnic tables and benches and possibly a walking trail. This purchase is about preserving the property. She continued that we’ve received over $500,000 dollars in grants for this purchase. This money will not be available again. While the safety concerns were valid, she felt that they could be overcome. She added that the Land Trust presently has $17,000 pledged for the purchase. Their goal is $75,000.00. She briefly reported on the town’s healthy fund balance. Jennifer Wislocki reported that the town is facing a tremendous time of uncertainty in our state budget and revenue. She does not feel that we have seen the worst of the economic crisis yet. She is not comfortable of recommending this sizable expenditure with so much uncertainty facing the town and our economic stability. She felt it was important for the BOF to look at this purchase in context of the budget planning for 09/10. A gentleman responded that he feels we need to look beyond these uncertain times but this is a one time opportunity. A gentleman reported that he understands that the town is interested in acquiring riverfront property. However, with the economic uncertainty, he felt it important to separate what the town would like to do and what the town needs to do. He did not feel that the town needs to acquire riverfront property. He felt it would be unfair for the town to ask that the boards have a 0% increase in their budgets and then turn around and make this purchase. He encouraged the BOF to look at the financial aspects of such a purchase. He continued that the town already has a great deal of open space. 5 A BOF member stated that he feels that the issue should go to a town vote; however, he did not feel that there was ample information at this time. Questions include the pricing/value of the property, issues of access, egress, boat launching etc. He would like to see more information. Another BOF member expressed concern with transferring money from the Main Street Project. He was also concerned with purchasing the property now when we are still at the beginning stages of the budget process. His recalled that the auditors felt that a 14% fund balance was a “good place to be at this time” and that we should not be below 10 or 11%. A gentleman thanked the BOF for their diligence. Another gentleman asked if there were any ADA requirements that would incur costs to the town if the property were purchased. A gentleman stated that he does believe that this process should go to a town vote. He felt there were many unanswered questions, including concerns about the negotiation process and the individuals involved in same. Amy Patterson, TPL, stated that TPL was contacted by the town to act as a third party facilitator to assist the town in a complex real estate transaction. As a third party, their role is to negotiate directly with the land owner. The contract is between the TPL and the land owner. This contract is full of contingencies including financing and town approval. Should the town approval occur, TPL would turn around and have a contract with the town. The contract that TPL has with the land owner has a closing date, which has been renegotiated 3 times due to the delay in a response regarding state grants. We now have a closing date of mid March. While she understands there are still unanswered questions, she stated that TPL needs a time period from the BOF. She continued that TPL has worked hard to obtain grant money. If this deal “dies” and does not move forward, we will not have this grant money in the future. She stated that she would like detailed questions from the BOF but admitted that she may not be able to provide answers to all the questions including future costs. She expressed disappointment that this project is not moving forward at this time. She felt the town should have an opportunity to vote on the project. Regarding the ADA, Amy responded that the state grant does not require ADA compliance. When a town plans to improve a property, they should take into account the ADA requirements. However, the statute also states that if it is impractical, due to many different reasons, there are exemptions to the requirements. She added that the Conservation Easement restricts what can be done on the property. As it stands right now, the property could be used without any improvements, as a public park. She continued that very few public parks can meet the ADA requirements. 6 A Board member suggested transparency with the negotiations and possible BOF representation on negotiations. Amy responded that the town has full involvement in the negotiations. Another TPL member stated that when TPL enters into a transaction, they try to get the best deal possible for the town. She continued that TPL has been doing such transactions for 35 years. She stated that TPL also works to get the best terms as well. Currently, the contract is between TPL and the property owner. They have invested time and money into this project. To have another party negotiate with them, really makes things difficult. T his is TPL’s nationwide policy. The BOF member responded that he did not question TPL’s integrity but he felt more information is needed before the project is put to a town meeting. He suggested that the BOF provide questions to TPL for clarification. Amy Patterson asked for a timeline from the BOF since TPL has dates in their contract with the owner as well as funding contingencies. Jennifer Wislocki stated that she would like to make this project part of the budget planning and was looking a 3 to 4 additional months. Amy Patterson reported on the length of the grant. She stated that it may take 2 years for the town to get money. The state is looking for a situation where the town has approved the deal and is moving forward with the process to get the grant money in place. The longer the decision making progress is pushed out, the less likely that the state will “hold” the money and “wait”. Tom Marsh reported that the state will not “pull” the money in the middle of progress. They may pull the money when there is no activity. Jennifer Wislocki shared input from members that were unable to attend. Ed Meehan wrote: “I am not in favor of moving too quickly on this purchase until the BOF has a clearer picture of the 09/10 budget situation”. Jennifer continued that she attended the BOS meeting last night. At that meeting, Martin Heft expressed concern about how the purchase would be funded. He did not support taking money out of the Main Street Fund. He recommended taking the town’s contribution out of the fund balance. Also, Jennifer distributed additional letters from citizens opposed to the purchase of the land. A woman expressed concern for the security and safety of the area. She expressed the need for an action plan for how the area would be maintained and monitored. A gentleman reported on upcoming layoffs at Pfizer and the possible ramifications on residents of Chester. Tom Marsh reported that he gets a number of questions asking “Is that meeting open to the Public and can I go to a BOS meeting?” Every meeting is always open to the public. Any project of significance goes through a number of checks and balances. In this 7 instance, we’ve had the Conservation Commission, P&Z, the BOS and the BOF take a stand on this project. All of that information is available. Tom referenced a comment made at the BOS meeting, “you’ve pitted neighbor against neighbor”. He continued that this is not pitting neighbor against neighbor. This is a discussion where reasonable people can disagree and respect other opinions. Tom continued that if there is concern about what will happen with the land, Conservation’s role and Wetland’s role is to look at these issues. It would have been irresponsible for the BOS to not move this issue to a public debate. Tom continued that the issue is not “dead”. At this time, it is a matter of economics. He stated that all of the Boards and Commissions are volunteers and he appreciated participation. He continued that in November, there will be many positions that will need to be filled and he encouraged residents to take these positions. Lori Ann Clymas thanked Mrs. Straub for her past work on various town Boards and Commission. She briefly discussed the purchase price of the property and the economic situation throughout the country. She continued that open space saves the town money. Amy Patterson asked for direction from the town as to the next steps TPL can take that will help the town to make a final decision on the proposal. Virginia Carmany stated that due to the economic crisis throughout the state and country, the town of Chester will struggle to find money to make up for the loss of state money. This may necessitate a tax increase in town regardless of whether we do this proposed project or another project. She continued that the timing of this project is difficult. It is coming to the BOF with a short window to explore questions. She did not feel there was a plan to use this property any differently than it is used today. She did feel that the BOF should move this project to the town so that the town can make a decision on it. She feels that the BOF is not taking into consideration that several years ago $200,000 was removed from the Capital Budget. This money was intended for Open Space Acquisition. At that time, the money was needed and no one anticipated a piece of property coming available that would be less than several million dollars. She added that the purchase of this property would not necessitate any bonding for the town. This is a unique situation. While the timeframe is short, she felt it behooved the BOF to let the public vote upon the purchase of this property. Jennifer Wislocki thanked residents for coming to the meeting and for their participation. The consensus of the BOF was to see what the state funding to the town would be, the town’s tax collections and the budget figures before discussing the potential purchase of the property discussed. Jennifer encouraged BOF members to call Amy Patterson with any questions. Consideration and Approval of Bills The following was moved and seconded: Legal Contingency: Balance in account after transfer below $ 12,123.00 8 Please transfer $ 702.00 from the Board of Finance Legal Contingency line item to the following line item: 10-05-63-1105-380 Planning and Zoning Dzialo, Picket & Allen, P.C. (Urban) $ 34.00 Dzialo, Picket & Allen, P.C. (Gomes) $ 51.00 Dzialo, Picket & Allen, P.C. (Miscellaneous) $ 391.00 Dzialo, Picket & Allen, P.C. (Johnson) $ 90.00 Dzialo, Picket & Allen, P.C. (Palka/69 Cedar Lake Road) $ 136.00 Total Planning and Zoning $ 702.00 The motion passed unanimously. The following was moved and seconded: Board of Finance Transfer: At the First Selectman’s request, please transfer $825.00 From: 10-05-63-1165-125 Board of Finance – General Contingency To: 10-01-10-1000-190 Tax Collector – Data Processing The motion passed unanimously. Election of Chairman and Vice Chairman Virginia Carmany nominated Jennifer Wislocki for Chairman of the BOF. The motion was seconded. The motion passed unanimously. Virginia Carmany nominated Chris Johnson for Vice Chairman of the BOF. The motion was seconded. The motion passed unanimously. OTHER BUSINESS None. EXECUTIVE SESSION On a motion made and duly seconded, the BOF moved into Executive Session to discuss legal issues and negotiations at 9:20 p.m. The motion passed unanimously. Regular session resumed at 9:50 p.m. 9 The next regular meeting of the BOF is February 19, 2009 at 7:00 p.m. ADJOURN On a motion duly made and seconded, the meeting was adjourned. Respectfully Submitted, Suzanne Helchowski 10 11 12 13 14 15 16 17 18