Middle Haddam Historic District Commission
November 12, 2007
Special Meeting
Meeting Minutes
Meeting Venue: Town Hall Annex
Call to Order:
The meeting was called to order at 7:06 PM.
Present: Ned Costello, Chair; Nanette Woodcock, Vice-Chair; Doug Mackeown, Clerk; and Richard Walsh (Alternate). Ray Krupa was not present due to an out-of-state family medical issue. Also present: Janet Brooks, Town Attorney, and Fred Hansen.
Roll Call / Appointment of Alternates: Alternate: Mr. Walsh was seated for this meeting as a regular voting member.
Public Hearings:
A. Ted Rossi, 94 Middle Haddam Road, additional construction details for pool side structures. Doug Mackeown reported that Mr. Rossi had not provided roof details in time for public review and for tonight’s hearing. Mr. Rossi has indicated he does not plan on completing this project until March 2008. The application is incomplete at this point.
Chairman Costello opened this up for pubic comment. Hearing none, Chairman Costello closed this portion of the public hearing.
Doug Mackeown made a motion that the MHHDC deny Ted Rossi’s application #408 without prejudice so he can come back later with more information. The motion was seconded by Nannette Woodcock. Vote: 4-0
B. Barbara Angelico, 2 Schoolhouse Road, outside lighting. Doug Mackeown presented photographs of the proposed new lamp and post to be installed at Schoolhouse Road; the post and light will be located at the juncture of the existing walkway and parking area and the detail in the picture is consistent with the application.
Chairman Costello opened this up for public comment.
Fred Hansen stated he thought it looked very good and is appropriate for the village.
Hearing no other public comments, Chairman Costello closed this portion of the public hearing.
Rick Walsh made a motion to accept the application #409 for Barbara Angelico for the installation of a new post and lamp as presented. The motion was seconded by Doug Mackeown. Vote: 4-0
Approval of Minutes & Motions
Nannette Woodcock made a motion to accept the revise minutes for the October 2 Regular Meeting. The motion was seconded by Doug Mackeown. Vote: 4-0 Public Remarks: None
Correspondence:
Doug Mackeown reported on the 2 public hearing and meeting notices published for this meeting including the Middletown Press and Rivereast and for which payment has been made.
Doug Mackeown reported on the purchase of new books requested by the Town Clerk’s Office, in the process of creating all new copies of the MHHDC files.
Doug Mackeown advised the members of an electronic mail that was received from Kamey Ahrens listing an FOIC document on November 1, 2007.
a. Connecticut FOIC Janet Brooks reported FOIC communication was forwarded to her assigning a hearing date to a complaint filed by Margaret Faber regarding minutes of a meeting dated July that were then revised in August 2007. The second part of the complaint involved whether an item of business was conducted in August regarding Mr. Fred Facius’s repair of a roof for re-roofing was appropriately noticed and whether the business was conducted in accordance with the FOIA. Atty. Brooks indicated she has been assigned to represent the Commission’s interest at the hearing. She recommended putting Fred Facius’s re-roofing issue onto tonight’s agenda and would discuss that recommendation at that point in the meeting.
Nanette Woodcock asked Atty. Brooks to clarify what appears to be an order for Commission members to attend the FIOC hearing and the need to comply. Atty. Books stated she is filing a written appearance and will be the Agent to represent the Commission. She has reviewed the regulations of the FOIC, how they conduct their meeting and who must be present and the Commission can be represented by their agent – its Attorney. Atty. Brooks indicated she has reviewed the nature of the complaints with the acting Town Manager, Robert Drewry, and she stated she did not believe that she needed any commission members present and that she would be able to make her arguments on behalf of the Commission. She also stated any commission member is free to be present if they choose however is not required.
Nanette Woodcock asked for clarification of the process she understood was available to the Commission giving it the opportunity to express interest and willingness to attempt to do whatever it needed to rectify this and asked why this is not proceeding that way. Janet Brooks replied that once a complaint is filed, FOIC referred it to the Ombudsman Program which is to encourage and foster amicable settlement between parties. Attorney Brooks indicated the Ombudsman contacted her by telephone and was given an opportunity to see if there were any actions that she would want to propose on behalf of the Commission to address and settle the concerns. After discussing this with Acting Town Manager, Atty. Brooks advised she encouraged a discussion about one of the parts of the complaint regarding the content of the minutes
because she did not see any legal basis for a complaint to go to the FOIC and wanted to have an opportunity to discuss and have an understanding about that. She also indicated she wanted to see if there was something that could be done regarding the first half of the complaint: Fred Facius’s re-roofing and encouraged a three-way conversation for resolution. The Ombudsman indicated the complainant was contacted and rejected any informal settlement of the complaint thwarting the attempt to amicably settle this, and a hearing was assigned. Atty. Brooks further indicated she recommend that Fred Facius’s matter come back onto the agenda and would offer further comments at that time.
Atty. Brook went on to say short of informal resolution which the FOIC encourages and tries to foster as a learning process for everyone, they proceed to a two part hearing process and which generates written proposed finds of fact and conclusions of law that are then recommendations made to the full FIOC and each party then has an opportunity to respond to those findings and conclusions of law.
Atty. Brooks additionally indicated any future complainant should know that both The Commission and Counsel for The Commission are open to informal resolution and satisfaction creating a learning process of what is and isn’t available under FOIC; that process is available without going to a formal hearing, The Commission is committed to that and would seek to do that should there be an future concerns.
New Business: None
Unfinished Business:
a. Fred Fascius, Schoolhouse Lane, roof repair. Janet Brooks stated she is prepared to defend the agencies actions in August in the processing of Mr. Facius’s request for re-roofing and that there was no violation of either the Freedom of Information Act or the substantive enabling statute because this is not something that was going to require a COA therefore not in need a public hearing. However, she advised one of the possible outcomes from the FOIC hearing is that the FIOC could decide that as an item of business before the MHHDC, that the item needed to be put on the agenda. Janet Brooks stated she recommended as a prophylactic action, this item be in place on a noticed, printed agenda for this evening so the public had opportunity to know it was going to be conducted as official business thereby creating the
opportunity to present this fact to the FOIC as reason that no further action will need to be taken.
Chairman Costello stated Mr. Fascius has come to the MHHDC uncertain as to whether or not he would need COA for the re-roofing of his home. His current roof is asphalt and he would be re-roofing with asphalt. Chairman Costello asked if there was any discussion from the commission on Mr. Fascius plans. Rick Walsh asked about the color proposed. Nanette Woodcock clarified Mr. Fascius has a leaking roof that he is looking to re-shingle with a similar material. Rick Walsh asked if it was the entire house to be done and it is the understanding that the entire structure needs re-roofing but he may do it in sections as he chooses.
Chairman Costello asked if there were any members of the public that would like to comment.
Fred Hansen stated it’s been standard re-roofing with architectural shingles throughout the Middle Haddam area using that look so long as it not be an outlandish color used and he pointed out there are many examples of that. He asked the Commission to clarify which of Mr. Facius’s property this is for. Chairman Costello clarified this is the property on the northeast corner of Route 151 and School House Road.
Rich Walsh made a motion that in reviewing Fred Fascius’s request to re-roof, the Commission views it as replace and repair and that a COA or a Public Hearing, neither are required. The motion was seconded by Doug Mackeown. Vote: 4-0
b. Review By-Laws, Regulations
Chairman Costello provided the commission members by electronic mail today a revision of proposed by-laws which incorporates Atty. Brooks suggestions. Chairman Costello suggested the commission members review the document and be prepared for discussion at the next regular scheduled meeting. There were specific questions the Commission asked be addressed by Attorney Brooks which were discussed.
Public Remarks
Fred Hansen commented the Commission is doing a good job and he felt with the new Town Council it will be a lot easier to do business with.
Adjournment:
Rick Walsh made a motion to adjourn the meeting at 8:12pm seconded Nanette Woodcock. Vote: 4-0
Respectfully Submitted, Kamey Ahrens Recording Secretary
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