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SPECIAL MEETING

MAY 31, 2000

CALL TO ORDER

Paul Henault, Chairman, called the Special Meeting of the Board of Finance to order at 5:35 p.m. The following members were present: Candace Fitzpatrick, Michael Wade, James Belfiore, Peter Askham and Mary Glassman. Also present were: Anita Mielert, First Selectman, David Holden, Business Manager, Richard Sawitzke, Town Engineer, and other interested parties. Joseph Townsley, Superintendent of Schools, arrived at 5:50 p.m.

EXECUTIVE SESSION

Pursuant to Connecticut General Statutes Section 1-200(6)(D) to discuss selection and purchase of a site by a political subdivision.

Ms. Fitzpatrick moved to enter Executive Session at 5:35 p.m., to include Mr. Sawitzke, Mr. Holden, Ms. Mielert and Dr. Townsley. The motion was seconded by Mr. Belfiore and carried unanimously. Ms. Fitzpatrick moved to enter Regular Session at 6:45 p.m.. The motion was seconded by Mr. Askham and carried unanimously.

Mr. Belfiore moved to authorize the expenditure of $51,000 towards site and environmental investigation and appraisal for the preferred high school site as indicated by the Site Selection Committee of the Public Building Committee. The motion was seconded by Ms. Fitzpatrick.

Mr. Belfiore amended his motion to authorize the transfer of $51,000. Ms. Fitzpatrick amended her second.

Mr. Askham expressed his concern that they be sure there are sufficient funds in Reserves to cover all of the anticipated requests.

The vote was unanimous. The motion carried.

APPROVE MINUTES FROM THE MAY 18, 2000 SPECIAL MEETING

Mr. Wade moved to approve the minutes of the May 18, 2000 Special Meeting. The motion was seconded by Ms. Fitzpatrick and carried unanimously.

Mr. Askham requested an accounting of the 1% of Reserves being expended.

LOCAL LAW ENFORCEMENT BLOCK GRANT SPECIAL REVENUE FUND

Chairman Henault noted Ms. Mielert's May 8th memo and stated that Mr. Kane feels this grant needs to be handled through a Special Revenue Fund.

Ms. Fitzpatrick moved to setup a Local Law Enforcement Block Grant Special Revenue Account. The motion was seconded by Mr. Wade and carried unanimously. Ms. Mielert confirmed that this fund would only be used for the purchase of public safety equipment.

REQUEST TO TRANSFER FUNDS FROM RESERVES FOR LEGAL COSTS ASSOCIATED WITH MEADOWOOD LAND USE APPLICATION PROCESS

Ms. Mielert stated that she plans to use the $40,000 allocated for the Chung Study on the revised Meadowood application for consultant services regarding design features such as: drainage, environmental impacts, utility systems and traffic impacts on the community. She noted that the consultant services on the first application were overspent by $3,300 and this amount would also come from these funds. The board agreed that the funds should be spent for these services.

Ms. Mielert reviewed her memo regarding the legal fees associated with the Meadowood application (Addendum 1). She stated the request is for a transfer of $150,000 to cover legal expenses through June 30, 2000. Ms. Mielert noted that the bill for May thus far is $10,000, and Robinson & Cole estimates a bill of $55,000 for June. She pointed out that there is only one Public Hearing on the revised application scheduled, which the Planning Commission and Zoning Commission will hold on June 29th, and any appeal would be based on the revised application.

Ms. Fitzpatrick moved to approve $95,115.93 from Reserves for the purpose of Meadowood legal fees through May 30, 2000. The motion was seconded by Mr. Askham.

Mr. Askham questioned whether the Town negotiated well for the legal fees. Ms. Mielert reviewed the interview process and noted that many law firms had a conflict of interest due to their involvement with Griffin Land. She stated that they were offered blended rates of $185 and $170 per hour and the BOS chose the $185 rate due to the presentation by Robinson & Cole. Ms. Mielert pointed out that Dwight Merriam's hourly rate is $370 and Robinson & Cole doesn't give a lower blended rate than $185.

Ms. Mielert addressed the previous questions from the BOF regarding these expenses. She stated that the application process is driven by the applicant and although Robinson & Cole had anticipated 12 meetings, there were over 25 meetings. Chairman Henault questioned whether any law firm in Connecticut would have offered a cap on their fees. Ms. Mielert and Mr. Wade stated that no firm would have offered a cap on their fees for this project. Ms. Mielert stated that Mr. Bradley, Ms. Katz and Mr. Beach have reviewed the legal bills and agree with the charges.

Chairman Henault questioned whether the board prefers to approve the full amount requested or to approve the bills monthly. Mr. Askham suggested that the board be certain that they are not outside of their authority level. Chairman Henault stated that Mr. Kane anticipated $274,000 for Meadowood legal fees and the request would bring the expenditure to $289,000. Ms. Fitzpatrick suggested that if there is concern regarding the use of Reserves they should only approve the $95,000 at this meeting.

The vote was unanimous. Mr. Wade recused himself from the vote. The motion carried.

ADJOURNMENT

Ms. Glassman moved to adjourn the meeting at 7:15 p.m. The motion was seconded by Mr. Askham and carried unanimously.