Representative Town Regular Meeting Materials (linked)
agenda center agenda
| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | October 03, 2022 |
| Pages | 53 |
| File Size | 3.2 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
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PHONE: 860-442-0553
www.waterfordct.org
AGENDA 3
REPRESENTATIVE TOWN MEETING i
REGULAR MEETING ae
Monday, October 3, 2022 PS
7:00pm — Waterford Town Hall =
Auditorium i
Pledge of Allegiance
Roll Call
To consider and act upon the minutes of the August 1, 2022 Regular Meeting.
Correspondence
Public Comment
Committee reports and referrals
Appointee & Liaison updates
Transaction of Business on the Call;
1.
To consider and act upon a request from Seconn Fabrication LLC to grant
previously waived exemptions for manufacturing machinery and
equipment under authority provided by Connecticut General Statute 12-
94e.
To consider and act upon a recommendation from the Board of Selectmen
to approve a request from Twin Haven, Inc of 36 Mary St, Waterford, for
a five (5) year extension of its November 2, 2011 Tax Abatement
Agreement commencing August 31, 2022 to August 31, 2027.
To consider and act upon a recommendation from the Board of Finance for
an appropriation in the amount of $38,500 from the unassigned fund
balance of the General Fund to the CIP Project Remove UST Tank at
Cohanzie Fire House, line item 33021-55867.
To consider and act upon a recommendation from the Board of Finance for
an appropriation in the amount of $11,776 from the undesignated fund
balance line 205-31520 of the Capital and Non-recurring Expenditure Fund
to account 20530-57743 Jordan Cove Bridge Replacement.
To consider and act upon a recommendation from the Board of Finance
for an appropriation in the amount of $21,236 from the Undesignated Fund
Balance line 205-31520 of the Capital and Non-Recurring Expenditure
Fund to fund New Project (Account Number to be assigned) Repair of
Pleasure Beach Sidewaik/Pathway.
6. To consider and act upon an agreement, entitled “The Waterford/East
Lyme Wastewater Collection and Conveyance Agreement’ and authorize
the First Selectman to sign on behalf of the Town of Waterford, pending
favorable recommendation by the Board of Selectman at a special
meeting.
7. To consider and act upon a regular member appointment to the Ethics
Commission due to the resignation of Laurie Kerp(R) (Term 02/07/2022 —
02/05/2024)
8. To consider and act upon an appointments to the Personnel Review
Board due to the resignation of Cathy Patterson(D). (Term 12/01/2020 —
11/30/2023)
9. To consider and act upon a recommendation from the Legislation &
Administration Standing Committee of the RTM to amend Chapter 2.38 —
Information Technology Committee and Chapter 2.12 Finance
Department of the Town of Waterford Code of Ordinances.
10.To consider and act upon a recommendation from the Legislation &
Administration Standing Committee of the RTM to amend Chapter 2.42 -
Route 11 Greenway Authority Commission of the Town of Waterford
Code of Ordinances.
11.To consider and act upon a motion to discuss strategy and/or negotiations
with respect to multiple bargaining agreements in executive session.
12.To consider and act upon a motion to approve the funds necessary to
implement the Tentative Agreement between the Town of Waterford and
UPSEU, Waterford Public Safety Dispatcher Unit, covering the period July
1, 2022 — June 30, 2026.
Il. New Business
J. Adjournment
BIFTEEN ROPE FERRY. ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
wwiiwaterfordct.org
MINUTES
REPRESENTATIVE TOWN MEETING.
Regular Meeting
August 1, 2022
RTM Moderator Paul Goldstein called the August 1, 2022 Regular Meeting of the Representative Town
Meeting to. order at 7:01.P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Greg Attanasio, Michael Bono, Jennifer Bracciale (7:09 P.M.), Mary Childs, Timothy Condon,
Thomas J, Dembek, Susan Driscoll, Steven Garvin, Nicholas Gauthier, Kevin Girard,.Paul Goldstein,
Kristen Gonzalez, Jennifer Kohl, Paul Konstantakis, Cheryl Larder, Ted Olynciw, Danielle Steward-Gelinas.
ABSENT: Timothy Fioravanti, Ryan Healy, Richard Holmes, Richard Muckle, Dan Radin, Michael
Rocchetti, David Sugrue, and David Welch,
EX-OFFICIO MEMBERS PRESENT: First Selectman Robert J Brulé: Chair of the Board of Finance Glenn
Patterson; Selectwaman Jody Nazarchyk.
EX-OFFICIO MEMBERS ABSENT: Selectman Elizabeth Sabilia; Chair of the Board-of Education Pat Fedor,
ALSO. PRESENT: Town. Clerk David.L. Campo; Town Attorney Nicholas Kepple; Director of Finance Kim
Allan.
AGENDA ITEM. C—June 6, 2022 Minutes.
MOTION by Steward-Gelinas, seconded by Garvin, to approve the Jun@ 6, 2022 Minutes.
MOTION PASSED: Unanimous (Bracciale was unavailable to vote)
CORRESPONDENCE
Moderator Goldstein noted that the following items were received: Recommendations from the
Democratic Town Committee and the Republican Town Committee far the Ad Hoc Energy: Task Force,
additional back up for ITEM 4, and the American Rescue Funds Quarterly Report, (See Attachment)
PUBLIC COMMENT
None
MOTIGN by Steward-Gelinas, seconded by Bano, to hove CALL ITEM 4 to the first calf item.
MOTION PASSED: Unanimous :
CALL ITEM 4 ~ Non-Union Management Professional Wages.
PRESENTATION: Human Resources Director Christine Walters, Labor Attorney Eileen Duggan.
MOTION by Steward-Gelinas, seconded by Condon, to-approve the funds necessary to implement the
Naon-Union Management Professional wages as submitted.
Discussion ensued
MOTION PASSED: 15-2-0 (Larder, Olynciw opposed)
.CALL ITEM 1 — Dissolution of the Municipal Complex Building Committee
MOTION by Steward-Gelinas, seconded by Bono, to approve a recommendation from the Municipal
Complex Building Committee to dissolve the committee, as the project is complete.
Discussion ensued. RTM member and Municipal Complex Building Committee member offered some
background along with Finance Director Kim Allen. RTM Member Tim Condon that it may be a good idea
to request a post incident report from Chairman Ken Kirkman to find out what worked and didn’t work.
Tawn Clerk David Campo will reach out to Chairman Kirkman.
MOTION PASSED: Unanimous
CALL ITEM 2 — Fund Name Change
PRESENTATION: Director of Public Works Gary Schneider
MOTION by Gelinas, seconded by Bono, to approve a request from.Kim Allen, Director of Finance, to
approve a fund name change from Waterford Community Activities Fund to Waterford Community
Activities & Program Fund to ensure transparency.
Brief discussion ensued.
A friendly amendment was accepted to add an “s” to “program”.
MOTION PASSED: Unanimous
CALL ITEM 3: Contributed Gift Fund
PRESENTATION: Director of Finance Kim Allen
MOTION by Steward-Gelinas, seconded by Gauthier, to approve a gift, per Waterford Ordinance
3.05.030 (Contributed Gifts Fund), from the Gardiner Family Foundation in the amount of $15,000 to
Waterford Youth & Family Services.
MOTION PASSED: Unanimous
CALL ITEM 5: Ad Hoc Energy Task Force Appointment
MOTION by Steward-Gelinas, seconded by Condon, to act upon two resident appointments to the Ad
Hoc Energy Task Force.
Friendly amendment accepted to change “resident” to “elector”.
NOMINATION by Steward-Gelinas, seconded by Dembek, of Ivan Kuvalanka, 45 New Shore Rd, to serve
on the Ad Hoc Energy Task Force.
NOMINATION by Driscoll, seconded by Gauthier, of Emily Polakowski, 24 Savi Ave, to serve on the Ad
Hoc Energy Task Force.
Moderator Goldstein took a vote for both nominations.
NOMINATIONS PASSED: Unanimous
CALL ITEM 6: Ad Hoc Energy Task Force Appointment
MOTION by Steward-Gelinas, seconded by Condon, to act upon two RTM Member appointments to the
Ad Hoc Energy Task Force. ;
NOMINATION by Steward-Gelinas, seconded by Dembek, of RTM Member Kevin Girard to serve on the
Ad Hoc Energy Task Force.
NOMINATION by Driscoll, seconded by Gauthier, of RTM Member Mary Childs to serve on the Ad Hoc
Energy Task Force.
Moderator Goldstein took a vote for both nominations.
NOMINATIONS PASSED: Unanimous
NEW BUSINESS:
RTM Member Condon mentioned the importance of protecting aur schools in light of the shooting that
have taken place nationally and that the Town of Waterford BOE needs to look at how other towns are
addressing the situation.
MOTION by Steward-Gelinas, seconded by Gauthier, to adjourn at 7:49 P.M.
MOTION PASSED: Unanimous
Respectfully submitted,
David L. Campa, CCTC
Waterford Town Clerk
WATERFORD DEMOCRATIC TOWN COMMITTEE
182 Niantic River Rd. * Waterford, CT © 06385
July 18, 2022
Saad
Paul Goldstein a ea
Moderator, RTM . e
15 Rope. Ferry Rd ee
Waterford, CT 06385 “9
Lye
RE: Ad Hoe Energy Task Force. Appointment 4
Dear Moderator Goldstein,
On behalf of the Waterford Democratic Town Committee, I offer this letter of support for the
hotnination of Emily Polakowski for appointment to.the Ad Hoc Energy Task Force established
by the Representative Town Meeting in June. Her contact information is as follows:
Emily Polakowski
24 Savi Avenue
Waterford, CT 06385-2224
emily. polakowski@gmail.com
570-854-5105
Attached you will find a letter of intent submitted by Emily that provides pertinent information
about her interest and experience—both local and global—in efforts to address climate change.
We are confident that she would prove to be an active, qualified, and dedicated participant if
granted the opportunity to serve on the new task force charged. with creating a long-term plan for
our town’s green enetgy initiatives and sustainability efforts,
Thank you for your consideration of this matter.
Sincerely,
Catherine Barnard
Chair, Waterford DTC
ce. Dave Campa, Town Clerk
encl: Polakowski letter
July 5, 2022
To Whom It May Concern:
My name is Emily Polakowski, and I’m writing to express my interest in serving as a resident of the
town on the newly formed Ad Hoc Energy Task Force that was created at June’s RTM meeting.
) have lived in Waterford for four years following my graduation from physical therapy school. My
initial involvement in local politics was limited to my membership in the lacal League of Women
Voters (LWV) chapter as | believed in their mission and vatues. My involvement in this group mainly
consisted of timing several local debates and working at voter registration events. However, | was
fortunate enough fo win one of two national-level scholarships last year fo attend the UN Conference
of the Parties climate conference in Glasgow, Scotland as a representative of the national LWV. |
went into this conference knowing very little about climate change, but was able to hear individuals
from around the world talk about their daily struggles from climate change, what they're doing to
address and mitigate these impacts, and hear Al Gore encourage ail attendees that there is hope —
but we have to do something about it! | came back inspired and motivated to make a change. ! gave
several local talks to community groups and East Lyme High School's Ecology club, wrote an
editorial for The Day, and began a climate subcommittee in the local LWV chapter as well as my
church. | then began to consider how | could make an impression on a wider scale ~ the most
meaningful impacts are not created at the individual level, but rather require joint efforts to influence
societal level changes. .
I was then told about RTM’s upcoming decision on the Eversource natural gas contract. | was able
to give public comment at both meetings and participate in the referendum process. As | didn't feel
fully informed yet on the issues, { had several meetings and conversations with various town players.
Since February, I’ve met with Gary Schneider from Public Works, Abby Piersail from Planning, Rob
Brule from the Selectmen's office, and several members of the RTM. I’ve also contacted and spoken
with several RTM members - both Democratic and Republican - in an attempt te fully understand
these issues and to get a better picture of the town history and processes for moving forward.
| am thrilled that the town has decided to bring this committee together, and | am excited for all
information that can be gathered to move Waterford in the best direction possible, | believe that I'm a
good candidate for one of the resident pasitions due to my high level of interest and passion in this
topic area, my climate knowledge as an attendee of COP, my regular monitoring of state and
national energy strategies through my activity and involvement in several LWV groups and
committees, and the initiative that I've demonstrated through my meetings and communications with
various town leaders. | believe that this committee can be incredibly useful and make a huge
difference if itis empowered with bipartisan support that can work together to develap the most
effective, but still reasonable options for the town.
| thank you for your consideration and am happy to answer any questions that you may have for
me- thank you,
Emily Polakowski
WATERFORD REPUBLICAN TOWN COMMITTEE
P.O. BOX 671, WATERFORD CT 06385
Mr. David Campo 8
Waterford Town Clerk Set
15 Rope Ferry Road ~
Waterford CT 06385 B |
july 28, 2022 =
ta
Pa
Dear Mr. Campo,
The Nominating Committee of the Waterford Republican Town Committee would like to put
forward long-time Waterford resident Ivan Kuvalanka, 45 New Shore Road, to be a member of
the newly created Ad Hoc Energy Task Force Commission.
This suggestion was heartily agreed to by all members of the Waterford Republican Town
Committee.
As the attached resume shows, Mr. Kuvalanka’s work experience at Millstone, as well as former
assessor experience, would be an asset to the task force. Mr. Kuvalanka’s intelligence,
dedication and interest in the community would also serve the Commission well.
Thank you for your consideration.
Sincerely,
Cameron MacKenzie
132 Great Neck Road, Waterford
Secretary of the Waterford Republican Town Committee
cc ~ Paul Goldstein, RTM Moderator
Danielle Steward-Gelinas, RTM Majority Leader
Ivan J. Kuvalanka
45 New Shore Rd
Waterford, CT 06385
Boston University
1970 Bachelor of Arts
Russian Language and Literature
Rensselaer Polytechnical Institute
2005 Master of Business Administration
Management
1970 -1979 Real Estate Broker
ABC Realty, Braintree Massachusetts
Thames Realty, Groton Connecticut
1979 -1983 Nuclear Engineering Technician
Numanco Services, Millstone Power Statioin I
1983-1988 Deputy Assessor
Town.of Waterford
1987-2008 Independant Fee Appraiser
Licensed Certified General Appraiser
1988-1992 Assessor
Town of Windham
2000-2008 Assessor
Town of Westbrook
Current 2.25%
Non Union Full time Salary increase
CLASS |POSITION DEPARTMENT
MP-1__|Executive Secretary First Selectman $ 72,663 | $ 74,298
Human Resources Assistant Human Resources j $ . $ -
Administrative Assistant Human Resources [ $ 61,7631$ 63,153
MP-2_ |Department Assistant (Aduit) Library $ 64,924 | $ 66,385
Human Services Coordinator Youth & Family $ 57,000 | $ 53,283
MP-3 (Library Department Heads:
Children's Services Library $ 71,660 {$ 73,170
Technical and Circulation Services _|Library $ 78,706 }$ 80,477
Aduit Services Library $ 71,557|$ 73,167
MP-3A | Assistant Fire Chief Fire Services $ ” $ -
MP-4__|Library Director Library $ 94,096 }$ 96,213
Planning Director Planning & Zoning |$ 108,833}$ 111,282
Director of Human Resources Human Resources | $ 90,000 | $ 92,025
Director of Recreation & Parks Recreation & Parks 1$ 111,637} $ = 114,149
Information Technology Mgr. Finance $ 110,000 | $ 112,475
MP-5 __|Chief Engineer Utility Commission |$ 147,907] $ 120,560
Director of Finance Finance $ 120,2331$ 122,933
Director of Fire Services Fire Services $ 100,000] $ 102,250
Director of Public Works Public Works $ 117,0974$ 119,732
$ 1,447,976 | $ 1,480,555
Additional funds $32,579
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MODERATOR’S REPORT
Representative Town Meeting
October 3, 2022
Matters Currently in Standing Committees
LEGISLATION & ADMINISTRATION
Review of Ordinance 2.38 — Information Technology Committee, RTC 10/04/21
Review of Chapter 2.42 - Greenway Authority Comniission, RTC 04/04/22
Review of Chapter 2.56 ~ Economic Development Commission, RTC 06/06/22
Review how the RTM considers recommendations for committee assignments,
RTC 06/06/22 . .
EDUCATION
FINANCE, WAGE & PERSONNEL
PUBLIC HEALTH, RECREATION & ENVIRONMENT
Review of Noise Ordinance, Noise Control ~ Chapter 9.06, RTC 10/04/21
PUBLIC PROTECTION & SAFETY
Review of Ordinance 2.36 — Volunteer Firefighters Incentive Program, RTC 06/06/22
PUBLIC WORKS, PLANNING & DEVELOPMENT
Appraisal of sidewalk ordinance and associated safety issues, RTC 02/01/21
Short Term Rentals, RTC 12/06/21
McNAMARA & McNAMARA, P.C.
ATTORNEYS AT LAW
100 Pennsylvania Avenue, Niantic, CT 06357
Jeffrey A. McNamara ; tel: 860-739-3918
Lauren M. McNamara fax: 860-294-0269
September 12,2022 _
Paul Goldstein
RTM Moderator
Town of Waterford
15 Rope Ferry Road ss
Waterford, CT 06385 > S
nm
Re: Seconn Fabrication LLC ~~
“ mM
fos)
Dear Mr. Paul Goldstein:
Please be advised that this office represents Seconn Fabrication LLC (“Seconn”) in
connection with property it owns at 180 Cross Road, Waterford, Connecticut. Please accept this
letter as a request for the Town of Waterford to grant an exemption pursuant to Connecticut
General Statute 12-94e (“CGS 12-94e”) for its failure to file the requisite form to claim an
exemption from personal property taxes.
CGS 12-94e (see attached) permits a municipality, upon request from a taxpayer, to grant
an exemption according to criteria established by said municipality. According to CGS 12-94e,
said criteria may include: (1) a showing of hardship experienced by the taxpayer which may
account for its failure to claim the exemption and (2) a showing that granting the exemption
would provide a net benefit to economic development within the municipality.
In support of said request, | offer the following:
Connecticut General Statute 12-81(76) exempts businesses containing manufacturing
equipment from paying personal property taxes on said equipment. To be exempt, the business
must file an exemption form with the town assessor no later than November 1* of the previous
year.
McNAMARA & McNAMARA, P.C. :
ATTORNEYS AT LAW
100 Pennsylvania Avenue, Niantic, CT 06357
Jeffrey A. McNamara tel: 860-739-3918
Lauren M. McNamara fax: 860-294-0269
For the past eighteen years, Seconn employed a comptroller who was responsible for
filing the exemption form. During those eighteen years, Seconn’s comptroller filed the
exemption form on time and Seconn received exemption status on its manufacturing equipment
located at its business at 180 Cross Road, Waterford, Connecticut.
Beginning in early 2020, due to COVID legislation and restrictions, said comptroller
worked remotely and later left the company. Mr. Marelli, the owner and operator of Seconn,
quickly hired a replacement, but said replacement went on maternity leave October 1, 2021. At
the time, due to the COVID pandemic, Mr. Marelli was unable to fill the position with a current
staff member or find a temporary replacement. Personnel challenges coupled with the remote
working environment required by COVID restrictions, led to Seconn’s failure to file the required
exemption form in a timely fashion. :
On July 5, 2022, Mr. Marelli, received a personal property tax bill for $115,864.44. He
immediately contacted his accountant who informed him the tax bill was for personal property
because Seconn failed to file the required exemption form by November 1, 2021. This came as a
complete surprise to Mr. Marelli as his personal property tax bill in previous years was
approximately $2,500.00.
It is the undersigned’s belief that CGS 12-94e was enacted to grant relief under exactly
these circumstances.
First, the loss of Mr. Marelli’s longtime comptroller while pandemic restrictions were in
place, in addition to the comptroller’s replacement leaving for maternity leave, caused a great
hardship to Seconn, which resulted in its failure to file the requested exemption form.
Further, Mr. Marelli employs over fifty people at Seconn Fabrication. His renovation of
the building located at 180 Cross Road, Waterford, has completely rehabilitated a once
abandoned manufacturing building. In addition, Mr. Marelli pays in excess of 125,000 dollars a
year in real estate taxes.
It’s my contention that Seconn Fabrication has satisfied the criteria established by CGS
12-94e in that it experienced a hardship which accounted for its failure to file the exemption
form and granting said exemption would provide a net benefit to the economic development in
the Town of Waterford.
If said exemption is granted, Mr. Marelli would be able to continue to grow his:
workforce and potentially increase the footprint of Seconn’s business, resulting in increased tax
revenue for the Town of Waterford.
McNAMARA & McNAMARA, P.C.
ATTORNEYS AT LAW .
100 Pennsylvania Avenue, Niantic, CT 06357
tel: 860-739-3918
Jeffrey A. McNamara
fax: 860-294-0269
Lauren M. McNamara
Llook forward to discussing this further with the legislative body. If you have any
questions, please do not hesitate to contact me.
Very Yours Truly,
Jeffrey
2020 Connecticut General Statutes
Title 12 - Taxation
Chapter 203 - Property Tax Assessment
Section 12-94e - Municipal option to grant certain previously waived exemptions.
Universal Citation: CT Gen Stat § 12-94 (2020)
Whenever any person claiming the exemption from property tax under the provisions of
subdivision (59), (60), (70), (72), (74) or (76) of section 12-81 has failed to file a claim with the
assessor or board of assessors as required in said subdivisions and has further failed to apply for
an extension of time under section 12-81k, the municipality, upon receipt of a request ftom such
person, may, by vote of its legislative body or, where the legislative body is a town meeting, by a
vote of its board of selectmen, grant such exemption according to criteria established by the
municipality, including, but not limited to, allowing for any hardship experienced by the person
which may account for the failure to claim the exemption or to file for an extension of time and
whether the exemption would provide a net benefit to economic development in the
municipality. No payment in lieu of tax under this chapter shall be made with regard to any
property exempted from tax under this section. ,
(P.A, 03-269, 8. 10; P.A. 14-183, S. 4.)
History: P.A. 03-269 effective July 9, 2003, and applicable to any assessment year; P.A. 14-183
added reference to Sec. 12-81(76) and provision re vote of board of selectmen.
Town of Waterford
Assessor’s Office
15 Rope Ferry Road
Waterford, CT 06385
Phone: (860) 444-5820
Fax: (860) 444-5819
September 16, 2022
Paul Goldstein
Moderator, RTM
15 Rope Ferry Rd.
Waterford, CT 06385
RE: Seconn Fabrication LLC
Dear Moderator Goldstein,
Please be advised that the Assessor's office received Seconn Fabrication LLC’s completed Personal Property
Declaration for the 2021 Grand List year on 7/6/2022. Included with the declaration was the 2021
Manufacturing Machinery and Equipment Exemption Claim form and an itemized listing of all eligible
manufacturing equipment.
The Assessor's office has reviewed Seconn’s late filing and determined that the 2021 Manufacturing
Exemption Claim is both complete and compliant with the criteria established under CGS §12-81(76). All
equipment listed on the 2021 claim form received is considered eligible manufacturing machinery and
equipment.
| am certainly available to answer any questions you may have on this matter.
Sincerely,
Paige S. Walton, CCMA II =
Assessor : cy
yD on
ov
Cc: David Campo, Town Clerk
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
September 19, 2022
Paul Goldstein
Moderator
Representative Town Meeting
15 Rope Ferry Road
Waterford, CT 06385
RE: Twin Haven November 2, 2011 T.ax Abatement Agreement August 31, 2022 to
August 31, 2027.
Dear Mr. Goldstein,
On August 16, 2022, The Board of Selectmen unanimously voted to recommend the following:
Finance Department: To consider and act on a request from Twin Haven, Inc., of 36 Mary
Street, Waterford, for a five (5) year extension of its November 2, 2011 Tax Abatement
Agreement commencing August 31, 2022 to August 31, 2027.
Sincerely
Rofert Lrule
3S
Robert Brule -
First Selectman aa
wo
ce: David Campo, Town Clerk =
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MINUTES
BOARD OF SELECTMEN MEETING
August 16, 2022
5:00 P.M.
Waterford Town Hall (Appleby Room)
(Procedural Action: Check register to be signed by Board of Selectmen in
accordance with CGS 7-83)
Members Present: First Selectman Robert Brule, Selectwoman Jody Nazarchyl and:
Selectwoman Elizabeth Sabilia Ss
é Of
4
Hd €
‘1. Call to Order & Roll Call- First Selectman Brule called the meeting tgzordé C
at 5:00pm. eo
2. Pledge of Allegiance
3. Public Comment: Helen Kwasniewski requested the Board of Selectmen fo not
approve the Tax abatement for Twin Havens.
4, Finance Department: To consider and act on a request from Twin Haven,
Inc., of 36 Mary Street, Waterford, for a five (5) year extension of its
November 2, 2011 Tax Abatement Agreement commencing August 31, 2022 to
August 31, 2027,
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
5. Public Works: To consider and act on a request for an additional
appropriation from the Public Works Director, Gary Schneider in the amount of
$38,500 to complete the required work for the Cohanzie tanks, line item 33021-
55897. ,
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
Nae
6. Police Department: To consider and act on a request for an additional
appropriation from the Chief of Police, Marc Balestracci in the amount of
$2,496 for the Cell Bench Safety Overlay, due to increased cost of materials.
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
. Finance Department: To consider and act on the following request for an
Inter-Department Out Series Transfer from the Finance Director, Kim
Allen, in the amount of $46,392.
Motion made by Sabilia to Amended agenda item #7 and seconded by Ms.
- Nazarchyk VOTING IN FAVOR; unanimous, VOTE:3-0
Finance Department: To consider and act on the following request for an
" Tnter-Department Out Series Transfer from the Finance Director, Kim
Allen, in the amount of $46,392 to be taken out of the FY23 budget to cover
combined additional custodial cost for the community center building, due
to a retirement.
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
_ unanimous VOTE:3-0
. Assessor: To consider and act on the following request for an Out Series
Transfer from the Finance Director, Kim Allen, in the amount of $25,000,
Motion made by Sabilia to Amended agenda item #8 and seconded by Ms.
Nazarchyk VOTING IN FAVOR; unanimous, VOTE:3-0
Assessor: To consider and act on the following request for an Out Series
Transfer from the Finance Director; Kim Allen, in the amount of $25,000 to
be taken from FY23, funds will be taken from the administration line and
placed into the professional fees line to cover consultant fees.
MOTION by Nazarchyk, and seconded by Sabilia, VOTING IN FAVOR:
unanimous VOTE:3-0
. New Business:
9a. Parade debriefing meeting will be scheduled within the next feve weeks.
a. 10. Correspondence:
‘ 10a. Waterford Rise email received on 8/4/2022
10b, Elizabeth B. Ritter, Chair, Waterford Ethics Commission-Email
received on August 2, 2022
11. Appointments and Resignations: N/A
12. Consent Agenda .
12a. Tax refund in the amount of $20,144.83-Approve
_ 13. Adjournment- was made by Ms. Nazarchyk and seconded by Ms. Sabilia to
adjourn at 5:56pm. VOTING IN FAVOR; unanimous, VOTE:3-0
_ Respectfully Submitted,
. Cindy Dupointe
Recording Secretary
EXTENSION AND AMENDMENT TO TAX ABATEMENT AGREEMENT
This SECOND AMENDMENT and EXTENSION to a certain Tax Abatement
Agreement dated November 2, 2011 between TWIN HAVEN, INC. (“TWIN HAVEN”) and the
TOWN OF WATERFORD (“TOWN”) is made this day of August, 2022.
WHEREAS, TWIN HAVEN, a non-stock corporation and the TOWN entered in an
Agreement, a copy of which is attached hereto as Exhibit A; with respect to property located at
36 Mary Street that provides housing for persons over the age of sixty-two (62) of low and
moderate income pursuant to Connecticut General Statute Section 8-215 and 8-216, as amended,
and Waterford Town Ordinance Chapter 3.16; and ae
WHEREAS, the Board of Selectman of thé: Town of Waterford abated a portion of the
real estate taxes on said property, pursuant to the attached Agreement; and
WHEREAS, the Agreement terminated on June 30, 2021; and
WHEREAS, the property continiies to'be rented solely to.elderly handicapped and non-
handicapped persons of low and moderate i income levels; and
WHEREAS, TWIN: HAVEN, has requested’s an extension of said Agreement for the
further period of five (5) years after its expiration date of June 30, 2021; and
WHEREAS, the Town i is willing to continue. the tax abatement beyond June 30, 2021 on
the condition that said property’ be: ‘occupied eplely by elderly persons of low and moderate
income levels; :
NOW THEREFORE; in consideration of the premises above stated and of the mutual
promises hereinafter made, the parties agree as follows:
1, The Agreement is hereby. affirmed and extended commencing August 31, 2022 through
August 31, eT :
2. Until such time that TWIN HAVEN shall fail to abide by the terms of the Agreement or
until the Agreement shall terminate on no later than August 31, 2027 in accordance with
the terms of this herein Second Amendment, then the Agreement shall continue to be in
full force and affect as extended herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Tax
Abatement Agreement in duplicate originals as of the date indicated above.
TWIN HAVEN, INC.
suthorized President
The original Agreement dated
November 2, 2011 is recorded at
Vol. 1213, page 62 of the
Waterford Land Records
MOTION
To consider and act on a réquest from Twin Haven, Inc., of 36 Mary Street, Waterford, for a five
(5) year extension of its November 2, 2011 Tax Abatement Agreement commencing August 31,
2022 to August 31, 2027.
DEC «7 2M
TAX ABATEMENT AGREEMENT BETWEEN
THE TOWN OF WATERFORD AND
‘TWIN HAVEN, INC.
AGREEMENT mede thie <2 day of Mueaher , 2014, between the TOWN OF
WATERFORD, acting herein by its Nxst Selectman, hereinafter referved to as the
“TOWN”, and TWIN HAVEN, INC., a Connecticut corporation organized and. existing
under the lawe of the State of Connecticut, acting herein by its President, herainafter
referred. to as the “OWNER”.
WITNESSETH THAT;
WHEREAS, the OWNER has acquired certain property in the Town of
Waterford upon which it has provided housing for persons ages sixty-two (62) or older
of low and moderate income, within the meaning and for the purpose of implementing
Section 8-215 of Chapter 199 of the Connectleut General Statutes, as amended, which
property is moxe particularly deseribed in Appendix A, attached hereto, and located on
Mary Street and Gilead Road, Waterford, Connecticut; and
WHEREAS, in order to make it economically feasible to provide such housing,
it is neceasary that the real estate taxes on said property be abated; and
WHEREAS, to that end the Board of Selectraen of the Town of Waterford, by
resolution dated July 17, 1984 abated the zeal estate taxes on the property described in
Appendix A, owned by TWIN HAVEN, INC, and
WHEREAS, the Representative Town Meeting of the Town of Waterford
approved said resolution on August 6, 1984; and further modified the ordinance to
extend said abatement on June 6, 2011; and.
WHEREAS, the Board of Selectmen of the Town of Waterford voted to enter
into a new Tax Abatement Agreement pursuant to the RTM action, extending the time
revised for such abatement; and
WHEREAS, tax abatement {s conditioned upon the execution of a contract
between the TOWN and the OWNER binding the OWNER to limit ocoupancy in the
subject premises solely to persons of low or moderate income and to use said tax
abatement to allow a monthly occupancy charge consistent with such income levels and
to provide housing of better design and quality than is usually available at such rentals
of accupancy charges;
NOW THEREFORE, in consideration of the foregoing and for other good and
valuable considerations, the TOWN and the OWNER agree as fallows:
VOLR LRIs
Insets Wh
1 The OWNER agrees to limit occupancy in said premises solely to persons
of low or moderate income levels,
2, The OWNER will use said tax abatement to allow a monthly occupancy
charge consistent with such income levels and to provide housing of better design and
quality than is usually available at such rentals or cceupancy charges,
3. _ Satd tax abatement shall begin on July 1, 2011 and shall terminate on July
1, 2016, ‘This Agreement is renewable in writing for additional terms of five (5) years
each, provided that said tax abatement shall terminate at such earlier time as the
OWNER shail fall to abide by the terms of this Agreement,
4 (a) It is understood and agreed that upon completion, the assessed
valuation on the subject property shall be aqual to the capitalized value of the net rental
income of the housing project as determined by the Assessor pursuant to Title 12 of the
Connecticut General Statutes. The OWNER shall furnish to the TOWN all data
requested by it to determine such value, Prior to completion the property shall be
equitably asseased based on the Assessor's projections of the probable assessment after
completion.
) The amount of taxes abated by the TOWN shall be determined by
multiplying the tax levied against said property by the percentage of the annual levy of
the Town of Waterford which is expended for education.
5 ‘It is further understood that the assessed valuation on the subject property
and/or the tax tate may be changed ov adjusted in due course by the appropriate
municipal agency or official, which change or adjustment shall not require the
amendment of this contract, Any adjustment in vespect to the assessment, however,
shall be as the result of a capital change to. said property, or general reassessment of
property in the community by the appropriate municipal agency or official.
STANDARDS OF HOUSING
6. It ts understood and agreed by the parties that the OWNER shall not
receive tax abatement on the subject properties for that perlod of time during which the
subject property does not comply with or conform to the housing codes applicable to the
premises as manifested by a notice revoking its Certificate of Occupancy.
INSPECTION OF PREMISES
7 ‘The OWNER will provide or cause the proviston of competent and
adequate inspection of the subject properties to insure compliance with applicable
housing codes.
8 a, The TOWN shall have the right to inspect, to the extent deemed
necessary by it, all the premises, including but not Iimited to: dwelling unite,
basements, buildings, and grounds comprising the subject property.
nae
an
b, Such fnspectione shall be made by authorized agents of the TOWN at
reasonable times between the hours of 8:00 a.m, and §:00 p.m. or at such other times
mratually satisfactory to and agreed upon by the TOWN and the OWNER or the
occupant of a dwelling unit,
¢, Such inapections shall be for the purpose of ascertaining whether said
premises comply with: existing housing codes, and for the further purpose of .
determining whether said premises are otherwise in compliance with the terms of this
Agreement,
9. Wfin the determination of the TOWN the purposes of this Agreement ave
not being fulfilled or the housing code is not being complied with, the TOWN shall
promptly notify the OWNER of the daficiency in writing, and shall set forth a time limit
for the correction of the deficiency,
10, Upon receipt of such notice, the OWNER shall take prompt action to effect
a correction of the deficlency within the the limit set by the TOWN.
14 ~—s In the event that the OWNER shall fail to take approprists corrective
action and/or the deficiency shall not have been corrected within the time limit act by
the TOWN, then the TOWN consider this contract breached in whole or in part at
its diseretion, and may withhold tex abatement for any period set by the TOWN, until
such time as the deficiency has been corrected.
12, The OWNER shall insure that any construction ov rehabilitation of
housing upon the subject property shall be performed free. of any discriminatory
practices and will insuve that:
a. Membership, veferrals for employment and apprenticeships in unions
and employment by all contractors performing such construction or rehabilitation shall
be available to all persons tegardless of such person's race, color, religion or national
origin.
b. All such unions effectuate a community relations program designed to
promote the full participation of all minority groups in apprenticeship, unlon
menibership and job referrals,
c Objective uniform standards, reasonably velating to the job
requirement of the trade, shall be used in passing upon the qualifications of applications
for participation in apprenticeship programs, for envollments as members in the union
and for work referrals,
“ge
d. No standard procedure shall be applied to any minority applicant for
union membership that is more stringent than any standard or procedure used
regarding any other applicant,
e. Each applicant or prospective applicant for union membership shall be
informed in writing of the procedures followed and standards to be applied in
ncsaptarn ce of applications for union membership, apprenticeship training, and work
referral,
f, The Commission on Human Rights and Opportunities and the TOWN
shall have the opportunity and the right to inspect all such construction and
rehabilitation, .
1g. In the event discriminatory practices are found and said practices ave not
corrected within thirty (g0) days of notice by the TOWN to the OWNER, then the
TOWN may, at its discration, consider this contract breached and may refuse to abate
taxes, pursuant to this contract unless said practices are, in its determination, corrected,
14. The OWNER will keep full and accurate records regarding utilization of
housing on the subject property, including such data as will permit a speedy and
efficient audit and will fully disclose:
a. The manner in which the OWNER has made use of the tax abatement
on the subject property,
b, The zents paid for each dwelling unit on the subject property,
a! ¢. The yearly income and occupation of each resident of such dwelling
‘unit, .
d. The names of each resident of each such dwelling unit.
e. The number of roome in each such dwelling unit and the number of
persons actually residing in each dwelling unit on subject property.
1g. The TOWN shall have the tight to inepect, to the extent deemed necessary,
all records kept by the OWNER regarding the operation and management of housing on
subject property, :
16, The OWNER will, at such times as the TOWN may request, furnish
periodic reports, statements, and documentary data pertaining to the purposes of this
contract,
17. The OWNER warrants that is has complied, and shall continue to comply,
with all pertinent provisions of local, state and federal laws, regulations and
war
VOL2 L2ES EGS G&
Ents OML91239
requixements in connection with this contract, Any non-compliance with said laws
shall be deemed a breach of this Agreement.
NON-DISCRIMINATION
18. The OWNER agrees that it will not decsiminate nor permit discrimination
against any person or group of persons on the ground of race, color, religion or national
origin, sex or physical disability or marital status in any manner prohibited by law, and
further agrees to provide the Commission on Human Rights and Opportunities with
such information requested by the Commission concerning its employment practices
and procedunes,
ig, The OWNER agrees that it will rent housing on the subject property
without regard to the race, color, religion, national origin, sex or marital status of the
prospective tenant,
WITHHOLDING ABATEMENT
20. Notwithstanding any other provisions of this contrast, the TOWN may
elect not to abate taxes purstiant to this contract ff:
- @ ‘The OWNER shall have made any material mistepresentation to the
TOWN. .
b. The OWNER shall be in default with respect to any of the provisions of
the contract and this default shall continue for a period of thirty (30) days after noties to
the OWNER by the TOWN of the existence of such default and during such period the
OWNER fails to remedy such default
‘OWN HELD
21, Nothing contained in this contract shall create or justify any claim against
the TOWN, its agencies or officers, by any third party to a contract entered into by the
TOWN or the OWNER pursuant to this contuact,
22, The OWNER agrees to maintain public liability insurance on said premizes
in an amount not less than One Million Dollars ($1,000,000.00) and shall deposit with
the TOWN a certificate evidencing such existing insurance,
IN WITNESS WHEREOF, the TOWN, acting hevein by ity First Selectman,
has caused this Agreement to be duly executed in its behalf and its seal hereunto affixed
this 2°? day of Mavequhec _, 2011 and thereafter the OWNER has caused these
~g~
presents to be signed and sealed by _Eevela Be Ferguson» its
Steen hereunto duly dathorized, tls 22 day of
Natern bes _, 2011
WITNESSES: . TOWN OF WATERFORD
Wieen N. Feteyser) ite Bust Selectm
bch RIVA AO omen
AiR. Mi
R Miller TWIN HAVEN, INC.
Latfeer lorie . BY: A Pat Heth,
Py ay
ote At ‘trick - Its Paes DEw7
Hvelyr R, Fergosm
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
September 9, 2022
Mr, Paul Goldstein
Moderator, Representative Town Meeting
15 Rope Ferry Road
Waterford, CT 06385
Moderator Goldstein:
At the Board of Finance meeting held September 7, 2022, it was approved to recommend to the
Representative Town Meeting for an appropriation request in the amount of $38,500 from the
unassigned fund balance of the General Fund to the CIP Project Renove UST Tank at Cohanzie
Fire House, line item 33021-55867 and forward to the RTM for approval.
| respectfully request you place this item on the agenda of the next meeting of the
Representative Town Meeting. Copies of justification documentation are attached herto.
Respectfully Submitted,
Glenn Patterson
Chairman, Board of Finance
Attachments
INTER-OFFICE MEMORANDUM TOWN OF WATERFORD
To: Robert Brule, First Selectman O
From: Gary J. Schneider, Director of Public Works XQ,
' Date: July 26, 2022
Re: Additional Appropriation — Cohanzie Tanks
The Town was. tequiréd to reniove the underground diesel-and gas ‘tanks at the
Cohanzie Fire House due to their end of service life approaching. In their place,
an above ground con-vault tank was installed.
The project was funded ($299;000) in FY21 for the design, permitting and
construction. Since this was a tank replacement with no known overfilled.or
breaches ofthe tanks or piping, ne environment monitoring or investigation of the
site was. placed in the funding request.
When the tanks and dispensers were removed, a small amount ef contamination
was found, and less than 25 tons (20. cubic yards) of contaminated soil was
removed from the Site.
Although all of the-contaminated soil has been removed from the site, according
State environment regulations, the owner must investigate to assuré there was
no release of diesel or gas to the groundwater.
The proposal from our consultarit is. attached. The Department is requesting an
appropriation of $38,500 to. complete the required work for line item 33021-
5S $07 35897-This number includes a 10% contingency in addition to the consultants
recommended budget. Asi noted in, the consultant's letter, drilling monitoring wells
has many variables ahd this budget is. an opinion of probable cost, based on
experience.
if it is determined that the Town must monitor the wells for any length of time, the
costs will be placed in the annual Buildirig Maintenance (Facility) budget. Other
sites that the Town must monitor long term are the Municipal Complex, Bus
Parking Lot and the closed Landfill.
We request to be-on.the next Board of Selectman agenda and forward to the
Board of Finance as necessary.
Ce: Kimberly Allen, Director of Finance
Bos ~ ellaa Approved
Bor - 7/82 approver
I]
2210 Main Street 1348 Conantvitle Road 140 Wilw Steest
0, Bor 1b88, #0, Hox 680 sites
Glastonbury, GT 18033 Storrs, CT 06268 Winsted, GT C5088
Tal: 860 658-3100 Yel 889.428.5400 Tel 860.978-2889
Fax; B50 689-0109 Fox: B60 429-1387 Fax: 660. 730-1272
www. lonard-eng.com
19 Midetate Orive
Suite 200
Auburn, MA 01601
Tols 808 721-7600
Fax: 608 721-7810
Lenard Engineering, Inc. Civil, Environmental and Hydrogeological Consultants
An Equal Oppormaity
Employer
July 19, 2022
Mr. Gary Schneider
Director of Public Works
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
RE: Proposal for Professional Services, Monitor Well Drilling, Environmental
Supervision, Sampling and DEEP Reporting, Cohancie Fire House, Dayton Place,
Waterford, CT
Dear Mr. Schneider:
As requested, Lenard Engineering, Inc. (LE{) is pleased to submit this proposal for your
review and acceptance, State environmental regulations require that the diesel fuel
release we identified at the former diesel dispenser must be investigated to ensure that
there is no associated groundwater contamination, This proposal addresses the
installation of four groundwater monitoring wells, environmental oversite, soil and
groundwater sample collection and certified laboratory testing, and preparing a summary
report, suitable for submission to the CT DEEP.
SCOPE OF SERVICES
LEI will:
1)
2)
3)
Field mark-out proposed monitor well locations, and initiate a CBYD mark-out in
advance of well drilling,
Retain the services of an environmental drilling company to advance four borings
and to install four groundwater monitoring wells, Because the fire station is
located on top of a drainage divide, and because no groundwater was observed to
a depth of 12’ below grade during the underground tank removal activities, it is
not clear to us that groundwater will be present above the top of the bedrock
surface. Because of this concem we have requested that our drilling contractor be
prepared to complete four monitoring wells in the overburden material (2 day
effort) or to complete four bedrock wells by rock drilling methods (4 days effort).
LEI wil! provide a Licensed Environmental Professional (LEP) to supervise the
boring and well drilling activities, characterize the aquifer, collect soil samples
where appropriate, and to prepare boring lags.
Diem
Ei
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