Board of Finance - Minutes - 09/11/2024

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
Board of Finance
PHONE: 860-442-0553
www.waterfordctorg
Wednesday, September 11, 2024
Regular Meeting Minutes Town Hall Auditorium 7:00 p.m.
Present: Glenn Patterson, Robert Tuneski (7:05pm), Bill Sheehan, Michael Rocchetti (7:05pm), Joseph
Filippetti, Ron Fedor (7:05pm), Josh Kelly
Elected: Rob Brule, First Selectman; Susan Driscoll, RTM Member; Abbas Danesh, Treasurer; Tom Dembek,
Staff:
Other:
RTM Member; Pat Fedor, BOE Chairwoman; Nick Gauthier, RTM Member
Kimberly Allen, Director of Finance; Ryan McNamara, Program Coordinator Recreation & Parks; Tom
Giard, Superintendent Waterford Public Schools; Joseph Mancini, Director of Finance/Operations
Waterford Public Schools; Stephen Dubicki,Jr., Fire Marshall; Jon Mullen, Planning Director; Maureen
Fitzgerald, Environmental Planner; Rebecca Hall, Administrative Assistantyginance Office/BOF
Recording Secretary ; fal
Nick Kepple, Suisman Shapiro, Town Attorney *by phone;
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Public Comment:
a. Narcisse Greene, parent at Great Neck Elementary School, urged the Board of Finance to
approve the requested money by the Board of Education to fund the remediation of the Great Neck
Elementary School Field. Ms. Greene feels the children need a working field and safe area to play.
b. Nick Gauthier, RTM Member, 38 Norman Street, Waterford, spoke to support
appropriating funds for the BOE Great Neck School Field project. Mr. Gauthier praised Ms. Greene
and other parents in their efforts to get this project started.
Approval and acceptance of minutes:
Special Meeting on August 14, 2024
Motion by Bill Sheehan and seconded by Joe Filippetti to approve the minutes of the August 14,
2024 Special Meeting as revised.
Friendly Amendment Requested by Robert Tuneski and seconded by Michael Rocchetti, to wait for
counsel from Town Attorney Nick Kepple, to further the conversation regarding Josh Kelly's
eligibility to be appointed as well as elected to a seat on the Board of Finance.
Josh Kelly suggested the original motion should stand as that motion would not be affected by the
conversation with the attorney and the outcome of that conversation would have no bearing on the
motion for approval of the minutes.

Board of Finance Minutes, 9/11/2024
Page 2
Bill Sheehan said it was not appropriate to discuss (at this point in the agenda] and the Board could
Possibly move the discussion with the attorney to “New Business”. Mr. Sheehan did not accept the
Friendly Amendment.
Mr. Tuneski and Michael Rocchetti sought amendments to the revised Special Meeting Minutes.
Josh Kelly added that there are many other corrections that need to be added.
Bill Sheehan accepted Friendly Amendment.
Motion by Bill Sheehan to remove his original motion. New motion by Bill Sheehan and seconded
by Michael Rocchetti to postpone approval of the August 14, 2024 Special Meeting Minutes.
Vote: 7-0-0 Motion: Passed
Regular Meeting on August 14, 2024
Motion by Bill Sheehan and seconded by Michael Rocchetti to approve the minutes of the August
14, 2024 Regular Meeting.
Vote: 7-0-0 Motion: Passed
To consider and act on a request for an appropriation from the Board of Education for moisture and
drainage remediation of the Great Neck Elementary Schoo! Field in the amount of $278,750 and
forward to the RTM if required.
Discussion began with opening remarks by Tom Giard, Superintendent of Waterford Public Schools, along
with Joseph Mancini, Director of Finance/Operations Waterford Public Schools, and Kevin Dufour, (by phone)
of Tom Irwin Advisors, Inc. Mr. Giard began by saying the school was built in the early 2000’s and the field
was previously a wetland area. The BOE commissioned a study to be done by Tom Irwin Advisors, Inc. to
determine why extra moisture issues were occurring and possible solutions to the problems. Out of 185 days
in the school year, the grass field was unusable for approximately 50 days.
Robert Tuneski asked who Tom Irwin Advisors, Inc. is and asked the BOE to explain what they do. Mr. Giard
responded stating they are soil experts who speciaiize in high performance sports fields throughout the
Country. Tom Irwin Advisors, Inc. has been involved with town work in multiple capacities. He shared that
Ryan McNamara, Director of Recreation & Parks, recommended the company.
Bill Sheehan asked the BOE why this project was not in the Capital Plan request. Mr. Giard responded that
the field has been mostly usable until recently as it has been less accessible, The BOE didn’t think it would be
a capital project and had hoped that the issues could be fixed in-house with existing equipment from town
departments.
Bill asked Mr. Dufour why the contingency was so high (25%) for this project. The Tom Irwin representative
responded saying the high contingency helps cover any additional costs for potential surprises that may arise
during the project.

Board of Finance Minutes, 9/11/2024
Page 3
Mr. Tuneski asked if a civil engineer would be used to which Mr. Dufour responded that they can bring one in
as needed. Mr. Tuneski asked if an engineer is with this company to certify their work. Mr. Dufour replied
“no”.
Michael Rocchetti asked four (4) questions:
1. Why did this happen at the field?
2. Will the issue reoccur?
3. Is this the only company asked to look at the project?
4, Isthe field able to be rototilled and back filled?
1. Ryan McNamara responded saying there is a compaction issue below the surface of the soil which
Prevents grass from establishing a solid root system. The town has used sound wave treatment to
reduce compaction but that had minimal effect. The town has also aerated and reseeded the property to
no avail.
2. Unanswered
3. Tom Giard said Tom Irwin Advisors, Inc. is the only company contacted by the BOE to look at the site.
4. Kevin Dufour of Tom Irwin Advisors, Inc. said there could be some short-term fixes but the type of soil at
the field will always hold water and recommends replacing it. Bottom line is there are temporary fixes
but those options would need to be repeated often.
Rob Tuneski questioned if the field has irrigation now? Tom Giard said no. Mr. Dufour added that a field at
an elementary school has many limitations for weed control chemicals and water maintenance will be key in
establishing solid seeding and producing healthy grass. Irrigation will be vital in this process. Mr. Tuneski
asked if all of our town fields have irrigation to which Mr. McNamara said several do, but not all.
Bill Sheehan asked if the proposal includes installing drainage equipment (i.e. piping) under the soil to move
water away from the playing area. Mr. Oufour responded saying a drain will run outside of the field and this
will collect and drain into a sub graded area to be moved away from the field as well as pitching the area
properly.
Mr. Tuneski asked if there is a warranty on the work proposed to which Mr. Dufour answered that it would
depend on the actual contractor selected in the bid process.
Chairman Patterson noted that from a Board of Finance point of view, this project should have been added to
the Capital Plan to formalize taking action on it. He believes that Recreation & Parks along with the BOE
could have identified this project better. He commended the BOE for providing answers and information to
the BOF for the meeting.
Motion by Bill Sheehan and seconded by Ron Fedor to designate $278,750 to a “New Project” line
item from the Undesignated Fund Balance of the Capital Nonrecurring Expenditure Fund (line item
#205-31520) and forward to the RTM as required.
Vote: 7-0-0 Motion: Passed
To consider and act on a request for an additional appropriation from Rob Brule, First Selectman, on
behalf of the Waterford Fire Services, in the amount of $14,486 for the retirement payout of
Director of Fire Services, Michael Howley, to line 10123-51110 Administration and forward to the
RTM if required.

Board of Finance Minutes, 9/11/2024
Page 4
Motion by Robert Tuneski and seconded by Ron Fedor to transfer $14,486 from FY25 Contingency
Fund to line #10123-51110 Administration,
Vote: 7-0-0 Motion: Passed
To consider and act on a request for a FY25 Out-of-Series Transfer from Alan Wilensky, Tax
Collector, in the amount of $600 for a paper folding machine per the following compilation from the
Transfer Request Form,
Motion by Bill Sheehan and seconded by Joseph Filippetti to transfer $600 as follows:
TOWN OF WATERFORD
TRANSFER REQUEST FORM
Out of Series Transfer Request
Tax Collector
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Vote: 7-0-0 Motion: Passed
To consider and act on a request for an additional appropriation from Jon Mullen, Planning Director,
for the joint grant application for the Alewife Cove Conservation Project, in the amount of $12,500
for line # 20541-57328 (Alewife Cove Dredging) and forward to the RTM if required.
Bill Sheehan questioned why this project was not under management of the Flood & Erosion Control
Board but rather Planning Department. Maureen Fitzgerald, Environmental Planner, stated that the
Process of this project has been long and included multiple grant applications and money
allocations for each step of the project. The Town of Waterford’s Flood & Erosion Control Board is
small and is not enough to properly manage a project of this size. Jon Mullen, Planning Director,
added that while Waterford provided funding, the City of New London will be the lead on the
project with Waterford offering assistance as needed. After assessing the project, it was
determined by the Planning Department that the Environmental Planner’s time could not be
allotted to fully manage the site.
Motion by Ron Fedor and seconded by Josh Kelly to transfer $12,500 from Contingency Fund to line
# 20541-57328 (Alewife Cove Dredging).
Vote: 7-0-0 Motion: Passed

Board of Finance Minutes, 9/11/2024
Pages
8. To discuss and take possible action on rescinding BOF Policy 4.01 Board of Education Non-Lapsing
Account, based on the revising of Connecticut State Statute Section 10- 248a during the last
legislative session.
Policy 4.01 will be kept as approved at the Board of Finance July 17, 2024 Regular Meeting with
‘modifications. The changes will be to remove any verbiage from the policy indicating approval from
the Board of Finance for allocation of BOE funds. Finance Director Allen will update the document
with said modifications from the Board of Finance.
Motion by Bill Sheehan and seconded by Joseph Filippetti to revise the policy as discussed at this
meeting.
Vote: 7-0-0 Motion: Passed
9. To consider and act on the BOF FY2026 Budget Submission Guidelines as provided by the Finance
Director, Kimberly Allen, per BOF Policy 1.01.
Chairman Patterson opened discussion referring to the backup documents supplied for the meeting.
Bill Sheehan noted how he liked the paragraph on looking ahead at large ticket items. Director Allen
said she can add verbiage/parameters for these items. Chairman Patterson concluded that these
items can be identified as reasonably anticipated by the departments.
Motion by Joseph Filippetti and seconded by Josh Kelly to accept the Budget Guidelines as written
with revisions discussed at this meeting,
Vote: 7-0-0 Motion: Passed
10. Old Business:
a. Director of Finance, Kimberly Allen requesting again for bio’s of all Board of Finance
members per auditor's request. Reminder to please provide disclosures for audits.
11. New Business: The town’s attorney, Nick Kepple, was requested by board members to be present to
answer questions regarding the appointment and possible elective eligibility of Josh Kelly to the
Board of Finance as discussed in the Special Meeting on August 14, 2024. Attorney Kepple joined
the meeting by phone. Robert Tuneski opened discussion with Attorney Kepple by requesting the
attorney's insight on the following:
a. Josh Kelly’s eligibility to serve on the Board of Finance
b. Josh Kelly's eligibility to be elected to the Board of Finance
Attorney Kepple stated that the Hatch Act referenced in the Special Meeting on August 14, 2024
does not prohibit an employee (of such an agency as the TVCCA) to be appointed. Mr. Kepple said
from his research and general knowledge of the Hatch Act, Mr. Kelly is ok to be appointed.
Once appointed, does any of his work at TVCCA continue to be a conflict of interest? Mr. Kepple's
knowledge is that Mr. Kelly must recuse himself on issues regarding the TVCCA or other similar
potential conflicts.

Board of Finance Minutes, 9/11/2024
Page 6
It was pointed out that Mr. Kelly’s mother is on the Board of Education. Mr. Kepple added that using the
Code of Ethics, if a financial benefit is presented to an immediate family member, Mr. Kelly would need to
abstain from voting.
Ron Fedor said in conversation with the Ethics Commission regarding his family members being town
employees and part of the Board of Education, the Commission advised him that the mere “perception” of a
potential conflict of interest is sufficient enough to prohibit participation in a vote.
Mr. Kepple spoke with his partner, Rob Avena, who was involved with the Ethics Commission and he doesn’t
think the work “perception” is used. Specifically, under the code itself {Part B), it notes that if there is any
direct monetary gain or loss to immediate family members, the board member must recuse themselves from
voting on that item.
Mr. Tuneski said that Mr. Fedor has abstained from all votes by the Board of Finance in the past involving the
Police Department and Board of Education due to family connections. Does he no longer need to recuse
himself? Mr. Kepple clarified that he doesn’t see any issue unless the votes pertain to specific offices/jobs of
his family members.
Mr. Tuneski requested further discussion of the Hatch Act. He wants to defer the decision of Mr. Kelly's
eligibility until closer to election time. The Board should review the circumstances prior to making that
decision. Mr. Kepple said he does not agree with Mr. Kelly's interpretation of the elective office eligibility
under the Hatch Act.
Josh Kelly said in his opinion, Mr. Kepple has not seen how his salary is derived at the TVCCA so he may not
have all of the information necessary to make a decision on his eligibility.
Mr. Tuneski said discussion by the BOF during the Special Meeting in August was that a question was
Considered of why the Board would appoint a candidate now if that candidate would not be eligible for
election in the near future. He is concerned there is much more to discuss as election time comes up.
Michael Rocchetti and Robert Tuneski both said the haste of the BOF at the time of Mr. Kelly’s appointment
without proper counsel is most concerning.
12. Liaison Reports:
a. Robert Tuneski: Oswegatchie Fire House Building Committee will be sharing the new 10,000
square foot floor plan in October at the RTM meeting. They are probably within $9-11
million for the total project.
13. Correspondence:
a. Bill Sheehan asked Director Allen about a note at the end of the report for the CNR Fund
provided in the monthly financial reports for the Town Accountant pertaining to the General
Ledger. He asked the Finance Director to obtain information from the Town Accountant for
clarification of the note and data provided. Bill believes the information from the General
Ledger should be up to date and the “gospel” of the finances for the town. He added if there
is an error on the Ledger, there may be an error in the software used and it is more likely to
have an error in the Excel Spreadsheet,

Board of Finance Minutes, 9/11/2024
Page 7
14, Adjournment
Motion by Robert Tuneski and seconded by Michael Rocchetti to adjourn the Regular Meeting of
the Board of Finance at 9:18pm.
Vote: 7-0-0 Motion: Passed
Respectfully submitted,
Joby (Bill) W. Sheehan, Rebecca L. Hall,
Clerk of the Board of Finance. Recording Secretary