Board of Selectmen
REGULAR MEETING
AUGUST 8, 2007

Present: Scott Adamsons, John Anderson, Susan Bransfield, Mark Finkelstein,
Brian Flood and Kathleen Richards
Absent: Sharon Gibala

1. FIRST SELECTWOMAN CALL MEETING TO ORDER

The regular meeting was called to order at 7:30 p.m. by First Selectwoman Susan Bransfield.

2. PLEDGE OF ALLEGIANCE

3. APPROVE MINUTES

There were no minutes to approve.

4. ACCEPT AGENDA

Mrs. Bransfield indicated that that item D) under Old Business will be deleted because all of the union representatives have not had the opportunity to sign the contract. Also, the Executive Session will be held later in the meeting when the labor attorney arrives.

Motion was made by Mark Finkelstein and seconded by Kathleen Richards to approve the agenda as amended. Motion passed unanimously.

5. COMMUNICATIONS / CORRESPONDENCE

None

6. PUBLIC COMMENT

None

7. OLD BUSINESS

A) Proposed Ordinance: Property Tax Relief for Elderly Homeowners

Mrs. Bransfield distributed information that Attorney D'Aquila reviewed from CCM which provides pertinent information on this topic that answers questions raised at the public hearing.

Attorney D'Aquila called attention to Report #R-0453 that addresses the specifics of the local option program that Portland is currently considering. Other pertinent information can be found in the chart in OLR report R-0309 that shows the maximum income figures. Attorney D'Aquila stated that residents will be able to apply for this program in February, 2008.

Mrs. Bransfield commented that a decision will have to be made as to whether the current tax relief program should be rescinded since it has not been used. She stated that this issue will be discussed again at the next meeting.

8. EXECUTIVE SESSION

Motion was made by John Anderson and seconded by Kathleen Richards to enter into executive session at 7:45 p.m. to discuss the approval of the MEUI Clerical & Supervisory Contract. Motion passed unanimously.

7. OLD BUSINESS (continued)

C) Discussion/Approval of MEUI Clerical & Supervisory Contract

Attorney McQuade stated that he worked closely with the union and bargaining unit on this agreement. He thanked the bargaining unit for their cooperation and urged the Board of Selectmen to ratify the contract.

Motion was made by Mark Finkelstein and seconded by John Anderson to adopt the agreement. Motion passed unanimously.

E) Appointments to Board and Commissions

None

B) Adoption of Revised Ordinance: Chapter 12, Section 12.1 "Swimming, Underwater Swimming or Diving in Quarries Prohibited"

A public hearing was held and no comments were made.

Motion was made by Scott Adamsons and seconded by Brian Flood to adopt the revised ordinance. Motion passed unanimously.

9. NEW BUSINESS

B) Revised Vehicle Usage Policy (per subcommittee)

Mr. Anderson reported that the position titles were added to the policy for those individuals who will probably be taking their vehicles home and this will apply only to those people who reside in the Town of Portland. Employees who are not listed in the policy who currently take their vehicles home will be allowed to continue and this will be taken care of through attrition.

Motion was made by John Anderson and seconded by Scott Adamsons to approve the Vehicle Use Policy. Motion passed unanimously.

C) Fire Boat Lease (set public hearing date)

Scott Adamsons recused himself from this discussion.

Mrs. Bransfield stated that this issue needs to go to a town meeting.

Motion was made by John Anderson and seconded by Kathleen Richards to schedule a town meeting for Wednesday, August 15, 2007 at 5:00 p.m. at the Portland Library. Motion passed unanimously.

D) Motion was made by Mark Finkelstein and seconded by Brian Flood to approve the refund of property taxes to Laura D. Heizman or Patricia L. Heizman for $39.84. Motion passed unanimously.

A) Ethics Ordinance Final Draft

Jeanne Dilworth noted an error on page 6, item (t) Family in which a portion of the definition was omitted. Mrs. Bransfield felt that the current definition is a good one and was in favor of leaving it as is.

Mrs. Dilworth highlighted the changes made to the document. She stated that most of the changes involved simplifying the language.

Mr. Adamsons referred to Article III, Section 1-12 Disclosure of Conflict of Interest or Potential Conflict of Interest and stated that the new language addresses this issue in an excellent way.

Mrs. Bransfield referred to Article III, Section 1-11 Public Contracts, item (a) and stated that the town does not go out to bid at the level of $1,000. She stated that this will have to be checked with the Director of Finance.

Mr. Finkelstein stated that the Charter also addresses some of this and the language should be consistent.

Mrs. Bransfield referred to Article III, Section 1-2 Disclosure of Conflict of Interest or Potential Conflict of Interest, item (d) (3 and commented that many people who serve on boards and commissions have utility stocks or other investments that do business with the town. Mrs. Dilworth stated that individuals should think about this and follow a series of steps.

Mrs. Bransfield referred to Article V, Section 1-17 Duties and Powers of the Commission and questioned whether the ordinance would allow the Ethics Commission access to the Town Attorney without going through the Board of Selectmen. Mrs. Dilworth stated that it would not.

Mrs. Bransfield commented that some of the more onerous matters have been deleted from the document and that the ordinance provides a template for a rule for ethical behavior.

Mr. Adamsons questioned whether a complaint regarding a town employee would need to be submitted to a collective bargaining unit as well as the Ethics Commission. Attorney McQuade stated that most of the town employees are subject to collective bargaining rights. There could also be a hearing by the Ethics Commission that could have a different result that the procedure under collective bargaining.

Mr. Adamsons felt that language should be incorporated in future negotiations and bargaining agreements that would be in compliance with the ordinance.

Mrs. Dilworth stated that she did not see this issue as a conflict because both processes can be followed unilaterally.

Mrs. Dilworth stated that that Ethics Commission would like to put a process in place for selecting members to the Ethics Commission whereby the applicant's credentials would be reviewed and rated without the name and political party being visible.

Mrs. Dilworth stated that the Ethics Commission felt that the ordinance is ready to go to public hearing with the changes that have been discussed. Mr. Finkelstein stated that he needed additional time to study the document before scheduling a public hearing.

10. STATUS & COMMITTEE REPORTS

None

11. PUBLIC COMMENT

None

12. BOARD OF SELECTMEN GENERAL INFORMAL DISCUSSION

Mrs. Bransfield noted that the next meeting will be held on Wednesday, September 5, 2007 at 7:30 p.m.

Motion was made by Mark Finkelstein and seconded by Kathleen Richards to adjourn the meeting at 9:08 p.m. Motion passed unanimously.

Respectfully submitted,

Virginia Darna
Recording Clerk