Town of Old Saybrook, CT - Board of Selectmen Minutes 4/16/2009

Board of Selectmen Minutes 4/16/2009

MEETING OF THE BOARD OF SELECTMEN

Thursday, April 16, 2009

6:30 p.m.

First Floor Conference Room

MINUTES

Present: First Selectman Michael A. Pace, Selectman William Peace, Selectman Velma Thomas, Executive Assistant Roland Laine, Assessor Norm Wood, Deputy Chief Michael Spera, members of the Press and concerned Citizens

I.	CALL TO ORDER First Selectman Michael Pace called the meeting to order at 6:30 P.M.
II.	PLEDGE OF ALLEGIANCE First Selectman Michael Pace led those in attendance in reciting the Pledge of Allegiance.
III.	COMMENTS FROM THE PUBLIC A concerned citizen, Jean Castagno, noted that the Courant reported the Agreement between the Town of Old Saybrook and the Katherine Hepburn Cultural Arts Center, Inc. Board of Trustees was on the agenda for tonight’s meeting. First Selectman Michael Pace noted that Attorney David Royston was out of town and the item had been removed from the agenda. A question was made as to $5,000.00 for the Historical Society. First Selectman Michael Pace noted that the money would be added, however, the budget would not be increased, because another item within the budget had come in at a lower price than anticipated and the funds would come from these. A concerned citizen asked about proposed pay raises for elected officials as stated at the last Board of Finance meeting and if the clerks were also going to receive raises. First Selectman Michael Pace noted that he was not in attendance at that meeting; however there is money within the budget earmarked for raises and listed under contract negotiations. Executive Assistant Roland Laine stated there is a 2% increase listed in the budget for raises for clerks. A concerned citizen asked if the Town Meeting is scheduled to discuss the budget. First Selectman Michael Pace stated there is a Board of Finance Public Hearing meeting scheduled for April 21, 2009. A concerned citizen stated that he has received conflicting answers regarding the new chip seal applications to town roadway. Is this a new technology? Selectman William Peace stated that this is not a new technology; however he does not know how long companies have been using latex. Due to environmental concerns, paving companies are no longer using asphalt. He also noted that if a light surface is used over a dark surface that any imperfections would be noticeable. First Selectman Michael Pace noted that the two roads, Old Post Road and certain areas of Schoolhouse Road are still covered under the 1-year warranty to fix any problems. The concerned citizen noted that it would be foolish to continue to spend money on a product that has not been proven. First Selectman Michael Pace agreed and noted that the Director of Public Works, Larry Bonin, has been assessing the product and will keep on top of the situation.
IV.	COMMENTS FROM THE SELECTMEN None taken at this time.
V.	APPROVAL OF MINUTES Board of Selectmen Meeting of March 19, 2009. THOMAS/PEACE Motion to accept minutes of the Board of Selectmen Meeting of March 19, 2009 as presented. MOTION CARRIED UNANIMOUSLY
VI.	BUSINESS BEFORE THE BOARD A. Tax Refunds 1. Matthew & Jennifer Ibbitson $ 3.32 2. Nancy P. Tighe $735.16 3. James & Lorraine Price $210.66 4. Robert & Tamatha Byler $270.00 PEACE/THOMAS Motion to accept the tax refunds as recommended by the Tax Collector’s Office. MOTION CARRIED UNANIMOUSLY B. Discuss and act on joining the Connecticut Municipal Consortium for Fiscal Responsibility. First Selectman Michael Pace explained the Board of Finance joined the Connecticut Municipal Consortium for Fiscal Responsibility last year. The group’s primary purpose is to bring before the Legislator in Hartford concerns and issues related to municipal budgets and he would entertain a motion for the Town of Old Saybrook to join. PEACE/THOMAS Motion to discuss and except the recommendation to join. MOTION CARRIED UNANIMOUSLY C. Discuss and act upon new copier lease for the 2^nd floor copy room. Executive Assistant Roland Laine gave a brief synopsis of the proposed contract change for the upstairs copier. Currently the cost for the copier is $799.00 per month, monthly lease of $529.00, with a per copy charge of .01¢ (approximately $250.00). Under the new contract the cost would be $435.00 per month with per copy charge of .0072¢, a savings of approximately $223.00 per month. PEACE/THOMAS Motion to accept staff’s recommendation to enter into new lease for copier. MOTION CARRIED UNANIMOUSLY D. Discuss and act on Elderly Tax Benefit as reported through the Elderly Benefit Committee. Assessor Norm Wood explained that the program would apply to any one over the age of 65 years and noted that any one who applied under the State of Connecticut’s Plan would qualify for the Town of Old Saybrook’s plan. He also stated that the maximum income level, not asset level, is $37,300.00 per year and that there is no lien involved. THOMAS/PEACE Motion to accept recommendation of Attorney William Childress. MOTION CARRIED UNANIMOUSLY E. Discuss and act on the re-evaluation and petitions as received. First Selectman Michael Pace spoke regarding the petitions received. He noted the “requested” timeframe for response was within 5 days, however the petition was dated March 10, 2009 and was handed in on March 19, 2009. The numbers reported on the revaluation have been looked at and compared with the numbers of the look back that was requested. Assessor Norm Wood stated that the revaluations were based on the sales up to October 1, 2008 through the current date. He noted that the informal hearings have been completed and are not outside the legal perimeters of 5% ( + ). The Board of Assessment has, as of April 6, 2009, completed approximately 200 appeals and made a few corrections. For the most part the homeowners have been cordial and the procedures have been normal. First Selectman Michael Pace noted that in a letter received from the Town Attorney Michael Cronin regarding the petition, that the Town of Old Saybrook is unable to legally postpone the revaluations under the current statutes. The town would incur severe monetary penalties imposed by the state if it does not perform its re-assessment this year. The bills currently before the legislator will not allow the town to delay the requirement as they have not been enacted at this time. PEACE/THOMAS Motion to proceed with the current revaluation and accept Attorney Cronin’s recommendation with the following notes added: 1) The town has no statutory authority. 2) Under CGS §12-117 the town has no options. 3) Mrs. Ruth Fitzgerald, Chairman, Assessment Appeals Board, stated that the Assessment Appeals Board will be able to meet the hearing timelines. 4) Re-evaluation is within 5% showing 1.4%( + ). 5) The appeals will be finished in May. If the town deferred for 1 to 2 years, it will cost approximately $500,000.00 and the town would have to have this money now to cover penalties and hiring of a vendor to perform the revaluations and inspections. 6) If the town does not follow the statutory mandate, it would have to forfeit state funding and grants for items such as education. First Selectman Michael Pace noted that the town at this time does not have an option and if the new Presidential Stimulus Package works, post-ponement might actually cause an increase in value. MOTION CARRIED UNANIMOUSLY F. Appointments 1. Historic District Commission. Alternate position vacancy. This is a five year term due to expire 12/2011. Mr. Gene Creighton has been recommended for the position by Ms. Aldi DePaola and Ms. Bradbury. He is a retired individual who resides on Cromwell Court, which is believed to be just outside the district. PACE/PEACE Motion to accept the recommendation to appoint Gene Creighton to the alternate position, which position is a five-year position due to expire on 12/2011. MOTION CARRIED UNANIMOUSLY 2. Historic District Commission. Alternate position vacancy. This is a five year term due to expire 12/2012. Mr. Richard Peters is an engineer, employed by Connecticut Light & Power, and has resided in a historic house within the district for 2 years. He has also been recommended by Ms. Aldi DePaola and Ms. Bradbury. PACE/PEACE Motion to accept the recommendation to appoint Richard Peters to the alternate position, which position is a five-year position due to expire on 12/2012. MOTION CARRIED UNANIMOUSLY
VII.	COMMENTS FROM THE SELECTMEN First Selectman Michael Pace stated that at 12:00 P.M. he had been contacted by the Hartford Courant for comments regarding a Mr. David Messenger being released from Connecticut Valley Hospital to reside in Old Saybrook. He stated that he had never heard of Mr. Messenger and asked the reporter to send information in their possession to him. At 12:26 P.M. he received the information, which a review of revealed that Mr. Messenger had been acquitted by reason of Mental Defect/Impairment, for the murder of his then wife. First Selectman Michael Pace checked the land records and discovered the Mr. Messenger was not the owner of the residence. At 1:15 P.M. he then contacted Deputy Chief Michael Spera to ask if the Police Department had been notified of this individual’s possible release to the town, and they had not. The law does not require the town to be notified. First Selectman Michael Pace noted that he is not prejudiced against the individual, but concerned about the procedure of the release. He made a survey of the area surrounding 15 Colony Road and found it to be a quiet residential neighborhood with children. He also attempted to contact the owner of the property. He also contacted Attorney Richard Blumenthal regarding a municipality being notified in these situations in view of public safety concerns. He also left a message for Sebastian Guiliano, the Mayor of Middletown. He spoke with State Representative Marilyn Guiliani and asked her to research the Release Board. At 8:45 P.M. he again spoke with Deputy Chief Michael Spera and at 9:30 P.M. conferred with Town Attorney Michael Cronin and determined that the town would need outside legal advice with expertise in this area of law. At 10:30 he spoke with Selectman William Pace regarding the situation and the possible need to hire outside legal counsel. Deputy Chief Michael Spera noted that the Police Department’s primary function is the preserve the rights of the public’s safety. The owner of the property had no idea who the individual was that was moving into his home and they had hired a company to rent the property for them. The company had assured them that the individual’s background had been checked. The owner had terminated this contract, which had been signed under false information. He noted that the rights of the public needed to be protected and the system for the release of individuals needs to be tightened. PACE/PEACE Motion to add item to the agenda to discuss and act on the possible hiring of an outside legal firm, Pepe & Hazard, which Attorney Michael Cronin had concurred the need for a legal firm who specialized in these matters. MOTION CARRIED UNANIMOUSLY Deputy Chief Michael Spera noted that there is a video made by the murdered woman’s family posted on You Tube. The facts of the case are Mr. Messenger murdered his wife, who was 2 months pregnant, in front of the couple’s then 5-year old son with a 2 X 4 and when the 2 X 4 broke proceeded to use a fireplace poker. After his commitment Mr. Messenger filed a wrongful death suit against his homeowner’s policy and won $600,000.00 settlement. PACE/PEACE Motion to authorize the hiring of Pepe & Hazard to protect the town of Old Saybrook’s interest. MOTION CARRIED UNANIMOUSLY
VIII.	ADJOURNMENT PEACE/THOMAS Motion to adjourn at 7:20 P.M. MOTION CARRIED UNANIMOUSLY

Respectfully submitted,

Tracy Masterson