Town of Old Saybrook, CT - 5/221/2009 Minutes

5/221/2009 Minutes

MEETING OF THE BOARD OF SELECTMEN

Thursday, May 21, 2009

6:30 p.m.

First Floor Conference Room

MINUTES

Present: First Selectman Michael A. Pace, Selectman William Peace, Selectman Velma Thomas, Assessor Norm Wood, Town Attorney Michael Cronin, 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, Ms. Manning, asked if the funds approved for the new Fire Rescue Boat have been transferred. First Selectman Michael Pace noted that they have not, and will be transferred after the Town Budget is passed. Ms. Manning also wished to comment on the behavior of some attendees at the Town Meeting on Tuesday, May 19, 2009. She believes the meeting was not carried in a legal manner. No one called the meeting to order when some attendees were heckling legitimately concerned citizens from asking questions and expressing concerns. She believes the hecklers were members of the Fire Department and stated that they had got the new Fire Boat and continued the harassment of citizens trying to speak. Why had order not been called to silence this harassment? A concerned citizen, Jean Castagano, asked to have the agenda changed to move the appointments to the beginning of the agenda. First Selectman Michael Pace stated that the agenda would remain in order. Mrs. Castagano read a letter dated May 16, 2009 she had sent to the Board of Selectman, and copies to the Town Attorney, Michael Cronin, Town Clerk, Sarah Becker, Town Assessor, Norm Wood, Senator Eileen Daily, Senator Andrea Stillman, and Representive Marilyn Giuliano, regarding the new legislation just passed. First Selectman Michael Pace responded that item B of the agenda had been put on the agenda to clarify the legislation that had passed and the legal options it provided for the town. There had been hope that the legislation would pass by March 1, 2009, but it had not. Town Attorney, Michael Cronin has done research on the issue and the Board had every intention of reviewing the possible effect on the Town’s revaluation. He noted, however, the town had to continue with the revaluation until such time as the legislation passed to consider if it would be an option. His understanding is the revaluation could be delayed until 2011. The issue then would be whether an up-grade was acceptable or if a physical revaluation would have to be performed. He noted that values of property have held even in the current economy. Money would have to be put into the current budget for the possible physical revaluations. He noted that the Board of Assessment Appeals has made some adjustments down. Mrs. Castagano noted that the issue should be put before the town for a vote. A concerned citizen, Joe Santangelo, an Economic Development Commission, noted that $150,000 has already been spent on the revaluation. He noted that this money would essentially be thrown away and a restart would cost the town equal or more money. He also asked if the Board of Assessment Appeals would be finished within the required time-frame. Town Assessor, Norm Wood responded that they would. He also noted that the newspapers have reported that the Town of Old Saybrook has a mill rate of approximately $13.00 per $1,000.00 for property. If this number is accurate, Old Saybrook has one of the lowest mill rates in the state. A concerned citizen, Donna Dibella, noted that people were looking for a fair and equitable revaluation and should be voted on by the town. She noted the petition previously submitted with over 700 signatures. She also stated that the Old Saybrook Taxpayers Association had asked to meet with the Board of Selectmen. Selectman Velma Thomas responded that Jean Castagano had approached her first to ask for a meeting with Selectman William Peace and her, but such a meeting would have been illegal. Selectman William Peace noted that Ms. Dibella should know more than most people that this procedure would have been illegal an in violation of the Freedom of Information Act. First Selectman Michael Pace noted that to have a meeting with two members from a different party would, the Board of Selectman believes, a violation of the Freedom of Information Act. Mary Hanson stated that although she is a Democrat and First Selectman Michael Pace is a Republican, they have worked hard over the years to keep things civil and respectful. She noted that at the Town Meeting, Monitor, Carl Fortuna, crossed the line when he called Mr. Conti a liar. She asks that this behavior not be repeated in the future. A concerned citizen asked how the mill rate was calculated. Town Assessor, Norm Wood responded that essentially values of all the property in Old Saybrook is taken and then divided to determine the mill rate. He then asked if the property values dropped would the mill rate be increased. Town Assessor, Norm Wood responded that it would. He then noted that he was unclear as to why people were upset by the revaluation, if it is because the value of the property is still worth the same or more or if they are unhappy with the revaluation not being handled correctly. He then noted that with a lower mill rate taxes on business and personal property would also be lower. He can not understand why some citizens would want to start the process over costing the town approximately $500,000 for a new physical revaluation. Bob Day presented a petition signed by 130 residents of and around Schoolhouse Road asking that the road be re-paved without chip-seal. First Selectman Michael Pace stated that he understood their concern; however, the money would not be available in the budget for repaving. Mr. Day then asked if the Board would discuss it and take it into consideration for the next meeting. A concerned citizen, who signed the petition, wanted to note that many of the residents do not like the chip-seal as it creates a hazardous condition for anyone riding a bike, pushing a stroller or roller blading. There is loose stone all over the sides of the road and on lawn fronts, which is hazardous when mowing and the stones becomes projectiles. A concerned citizen, Sal Aresco, congratulated the Board on a phenomenal job with the proposed budget. He also wished to point out that property he owns in Middletown, which is assessed at $185,610, cost him $4,733.06 per year in taxes because the mill rate is so high.
IV.	COMMENTS FROM THE SELECTMEN None taken at this time.
V.	APPROVAL OF MINUTES Board of Selectmen Meeting of April 16, 2009 and Special Board of Selectmen Meeting April 30, 2009. THOMAS/PEACE Motion to accept the minutes of the Board of Selectmen Meeting of April 16, 2009 as presented. MOTION CARRIED UNANIMOUSLY THOMAS/PEACE Motion to accept the minutes of the Board of Selectmen Special Meeting of April 30, 2009 as presented. MOTION CARRIED UNANIMOUSLY
VI.	BUSINESS BEFORE THE BOARD Tax Refunds 1. Alfred Giangrande & Alexandra Noyes $1,168.26 2. Maureen Jentoft $ 478.80 3. Nancy & Kent Johnson $ 100.54 4. Carol Young $ 574.56 PEACE/THOMAS Motion to accept the recommendation of the Tax Collector’s office in issuing the above tax refunds. MOTION CARRIED UNANIMOUSLY Discuss revaluation and current legislation. First Selectman Michael Pace turned the floor over to Town Attorney, Michael Cronin. Attorney Cronin noted that the town has been exploring options under current legislation, which only provided delay under circumstances that were an act of God or similar unusable options. Substitute Bill 997 provides the town with more options. He noted that everyone receives notice of the revaluation and have the right to appeal any assessment. If the town takes advantage of the new legislation, the current revaluation stops. He has worked with an agency called O.P.M, to interpret the option for the town using SB 997 to delay the revaluation. One of the issues of delaying the revaluation is the additional cost to the town, however there is a current bill enacted in 2006 that would off-set some of the cost. The Act itself does not take effect until July 1, 2009, and until that time no action can be taken by the town. New notice would have to be sent under strict time-frame pushing Town Meeting into September, a loan would have to be obtained and cost approximately $80,000 in interest. After speaking with several other area towns facing similar circumstances, the general consensus is if a town decides to take any action it would require being placed before the town as a referendum. He also noted that a West Hartford Legislator currently has a bill which refers to SB 997 and would make SB 997 effective as of the date the Governor signed allowing the town to act sooner. The initial decision rests with the Board of Selectman to send the issue to a Town Referendum. The delay can be 1, 2 or 3 years. After the Board of Selectman approve the use of SB 997, then the town must approve. Robert Fish, Town Treasurer, noted that the Town would have to obtain a loan and the cost of interest would be closer to $40,000. Selectman William Peace wanted it clarified how the current taxes would be calculated if the town decided to delay the revaluation. Attorney Cronin stated that the 2007 assessment list would be used until 2010, however the Assessor’s office would have to sign the list. Selectman William Peace asked if the legislative body could make the decision. Attorney Cronin stated the decision rests with the Board of Selectman. Selectman William Peace asked if the Board took no action what would happen. Attorney Cronin stated that the current revaluation would be used. Selectman William Peace asked if the revaluation transferred the tax burden to the commercial property instead of the residential property. Town Assessor Norm Wood noted that the town has picked up 30% more commercial in the past few years and if a delay is decided the 2007 list would have to be updated with approximately 300-400 changes before he could sign off on the list. Attorney Cronin noted that residents would still have the option of appeal and the appeal period would be extended to February. He also noted that the appeals have been approximately 20 cases with only 3 or 4 ending up in court. Selectman William Peace wanted it clarified that when he originally reviewed the new legislation he had thought the decision would be placed with the town, but he now understands that the Board of Selectmen makes the initial decision to send it to the town for a vote. That a delay would shift the tax burden back to the residential property. First Selectman Michael Pace also wanted the record to reflect that money would have to be allocated to the budget to cover the additional cost associated with the delay of the revaluation. The process would have to be started in 2010 to insure compliance by the new delayed deadline of 2011. The mill rate of 16.69 would have to be increased to 17.2 or 17.3 instead of 13 under the current proposed budget. Assessor Norm Wood wanted it noted that any taxpayer could appeal any day of any year. Attorney Cronin noted that not since 1989 has the town had a significant number of appeals. And that in 1998 properties began selling at the assessed rate and they did not receive an increase in appeals. Attorney Cronin also noted that the cost to the town for appeal of the delayed revaluations would include attorney fees, appraisal fees and possible court cost. Selectman Velma Thomas wanted a synopsis of benefit of keeping the current revaluation versus delaying. Attorney Michael Cronin stated that an advantage of the delay would be more realistic values would be placed on the properties after the physical inspection. He noted the disadvantages would be the loss of the $150,000 already spent the tax burden would still rest with the residential properties, prices would be set at the current market conditions and the cost in the long run, when values increase, some property owners would not be paying a fair share. Assessor, Norm Wood noted that some of the changes that have been made during the current appeal process have been due to updates or downgrades made to the properties, such as adding a bathroom or removing a pool. Taxes start to run as soon as a Certificate of Occupancy is issued. If permit is issued during subsequent years, the owner receives a supplemental bill. The town would have to go back to the 2004 list, and if an appeal is taken, they have to physically go inspect the property and would take off or add money in the event of an increase or decrease in value. Selectman William Peace asked how confident Assessor, Norm Wood was in his current revaluations. Assessor, Norm Wood stated he is confident that the values are within the price range of the current market. First Selectman Michael Pace stated that he will not do what he feels is not in the best interest of the town. In any revaluation there are always some who are unhappy. The Board of Selectmen and Assessor’s office will be placing the current valuation list on the town web-site so residents can compare old value with new value, old mill rate versus a change in mill rate. He would like to ask the Board to table to a Special Meeting in order to weigh all factors when making the decision on the issue of delaying the revaluation. Attorney Michael Cronin wanted it noted that there is a strict time-frame within which the Board of Selectman and town can act. Assessor, Norm Wood noted that the Board of Assessment Appeals should be finished by the end of next month. The list that First Selectman is requesting to be published on the Town of Old Saybrook’s website has been updated through the informal hearings only and not through the appeals. THOMAS/PEACE Motion to table the decision until the Special Meeting is set for that purpose. MOTION CARRIED UNANIMOUSLY Discuss and authorize First Selectman Michael A. Pace to sign contract with Energy New England. First Selectman Michael Pace noted the town is proposing to buy 20% of its power from a green power source and is seeking the authorization of the Board to enter into a 12 month contract. The town currently pays CL & P 12.498 cents per kilowatt hour. With the green power the charge will be 10.45 cents per kilowatt hour. PEACE/THOMAS Motion to authorize First Selectman Michael Pace to sign a 12 month contract for green power. MOTION CARRIED UNANIMOUSLY Discuss and act on authorizing The Terri Brodeur Breast Cancer Foundation Walk Across Southeastern Connecticut, Saturday, October 3, 2009. First Selectman Michael Pace asks the Board for its approval and support of the Terri Brodeur Breast Cancer Foundation Walk. The State of Connecticut Traffic Commission is the only one who can approve the walk. THOMAS/PEACE Motion to approve and support the Terri Brodeur Breast Cancer Foundation Walk. MOTION CARRIED UNANIMOUSLY Appointments 1. Economic Development Commission. Term expiration; re-appointment of regular member Todd Roberts. This is a 5-year term due to expire 06/2014. THOMAS/PEACE Motion to re-appoint regular member Todd Roberts, this is a 5-year term due to expire 06/2014. MOTION CARRIED UNANIMOUSLY 2. Regional Mental Health Board. Term expiration; re-appointment of Margaret West. This is a 2-year term due to expire 06/2011. PEACE/THOMAS Motion to re-appoint Margaret West, this is a 2-year term due to expire 06/2011. MOTION CARRIED UNANIMOUSLY 3. Fire Inspector. David Heiney Jr. THOMAS/PEACE Motion to appoint David Heiney Jr. as Fire Inspector. MOTION CARRIED UNANIMOUSLY Old Saybrook Youth & Family appointment. THOMAS/PEACE Motion to add to the agenda the appointment of Dorothy Shearer to the Old Saybrook Youth & Family vacancy. THOMAS/PEACE Motion to appoint Dorothy Shearer to the Old Saybrook Youth & Family vacancy. MOTION CARRIED UNANIMOUSLY
VII.	COMMENTS FROM THE SELECTMEN None taken.
VIII.	ADJOURNMENT THOMAS/PEACE Motion to adjourn at 7:51 P.M. MOTION CARRIED UNANIMOUSLY

Respectfully submitted,

Tracy L. Masterson