BOARD OF SELECTMEN
REGULAR MEETING MINUTES DEC. 4, 2000
TOWN OFFICE BUILDING 6:30 P.M.
First Selectman Patton called the meeting to order at 6:30 P.M. with the following in attendance: Selectmen Ennis & Knight, W. Beebe, J. & S. Lewis and J. Semmelrock.
APPROVAL OF MINUTES
SELECTMAN ENNIS MOVED TO APPROVE THE MINUTES OF 11/20/00.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON ENNIS & KNIGHT) 0 NO
PRESENT TO SPEAK - No one.
CORRESPONDENCE
Report of correspondence available at meeting and in Selectmen’s office.
TAX ORDINANCE
Selectman Ennis asked if there is any ordinance on this now and was told no, the authority for this comes from CGS 7-148. Selectman Ennis commented that this raises a question, is there any avenue of appeal? It stops people from working on their property if you need a permit for that work. First Selectman Patton commented that your appeal would be on if you owe the taxes, you could work out a payment plan. Selectman Ennis commented that there are some issues regarding this. If there is no out, can the Board of Selectmen make an exception? First Selectman Patton commented that he did not want to get into the Tax Collector’s business. Selectman Ennis commented that she doesn’t want the Zoning Agents job either. First Selectman Patton commented that if anyone was to
get upset it might be the Building Inspector or someone who has to be another agent. These people will have to check lists before issuing permits or paying bills. Those are the people that will be involved, the Board will not. If you have emergency work you cannot be held up. Selectman Ennis commented that there is considerable time between receiving the tax bills and becoming delinquent. Selectman Ennis commented that answers his concern. First Selectman Patton commented that his concern is if somebody has a legitimate concern about whether they owe the tax or not, are they going to be held up.
That would be a concern and I hope the Revenue Collector would use her discretion. If they say that’s not my car that has been taxed, you are delinquent but it is not your vehicle to begin with and you are on the delinquent list. Selectman Ennis commented that is his concern also. Selectman Knight commented that if that happens it can tie up all your stuff, this isn’t a property-oriented ordinance, it is a taxpayer oriented ordinance and regardless of what is owned, it ties up everything. First Selectman Patton commented that he doesn’t know how to go with this. Selectman Knight commented that he could see a whole lot of howling ex spouses. Selectman Ennis asked what the process for adopting this is. First Selectman Patton commented that the Board could adopt it,
he will send it to the Town Attorney to review and check on whether the Board or Town Meeting should adopt. First Selectman Patton asked the Board if they wanted him to forward it to the Town Attorney? Selectman Knight would like his concern put in, is it possible to de-couple the person from the property. Jack Lewis suggested that they bring this to a Town Meeting. The Board agreed to wait and bring this up at the next meeting and invite the Tax Collector.
SELECTMAN ENNIS MOVED TO ADD PETITION FOR TOWN MEETING TO THE AGENDA.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
DOT GRANT
Selectman Ennis commented that he understands that the idea is to apply for this and it would be 15 months away and there is a note that no money would change hands but we may have to provide for a temporary shuffle of money. First Selectman Patton commented that we might have to put more money into it. The Department of Transportation would own it and there would be a lot of paper work. Selectman Ennis asked if it would be garaged at Public Works and if the use would be under Town control? First Selectman Patton responded yes, it would probably be garaged at Public Works; it would be under Town control, it would be used in part for seniors for dial-a-ride, out of town trips, etc. Selectman Knight commented that applying never hurt. If it is not doable, we do not have to take it, fill
out the paperwork and apply. Selectman Ennis asked if we have to act on this. First Selectman Patton commented yes, we need to have a Public Hearing. Selectman Knight commented that it takes 15 to 18 months to get approval.
SELECTMAN KNIGHT MOVED THAT THE YOUTH, FAMILY & SOCIAL SERVICES APPLY FOR THE DEPARTMENT OF TRANSPORTATION GRANT.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
PETITION FOR TOWN MEETING
First Selectman Patton commented that he sent the petition to the Town Attorney, he then read her response, the pertinent part being: The petition itself appears to comply with CGS 7-1 for calling a special Meeting and triggers the Board of Selectmen’s duty to warn a Town Meeting. “However, the Board is not permitted to warn a meeting unless the purpose of the meeting is one that the Board of Selectmen is legally empowered to do. In this petition the Board is being asked to lease space in a different location. This could not be done without receiving approvals through the appropriate departments within the town (e.g., Planning and Zoning). The Board does not have the power to mandate this. Therefore, technically the Board is not legally empowered to bring about the action
sought, and accordingly should not warn the meeting.” Selectman Ennis commented that we need to dispose of this by calling a Town Meeting or denying the petition. Selectman Ennis commented that here we bifurcate again; he disagrees with the Town Attorney’s opinion. He has never seen anything in the statute where the Board is not permitted to call a Town Meeting. That is a very questionable reading of the statute; she did not mention any case law regarding this. He does not attach a lot of credibility to the fact that we are not permitted to call a Town Meeting. We have a zone change effective 12/1/00 that allows school bus parking in R80 with special permits. First Selectman Patton commented that it allows you to apply for a special permit, it does not give automatic approval, she is saying that you can’t go to a Town Meeting and say we are going to lease this property if you don’t have permission to lease it.
Selectman Ennis asked if approval could be withheld if we meet the requirements? First Selectman Patton commented that as long as you meet the requirements, and the question is can you meeting the requirements. He got it from the PZC, when he went for the zone change, that this was not going to meet it. They had specific questions of some of the requirements of a special permit and looked around the Town Office Building and said obviously you are not going to make it. Selectman Ennis commented that anyone making a decision on this needs to know the specifics. First Selectman Patton commented that he agrees and that is probably why it is not good to go to a Town Meeting for a specifically worded question when all the specifics are not there. We can’t meet the requirements at the Town Office Building without re-designing. If we do not know what we are presenting, it is futile to have the meeting. Selectman Ennis
commented that he agrees, we need to do them better than we have in the past. We allowed the questions to go to Town Meeting verbatim. To frame the purpose of the Town Meeting as a question is an awkward and improper thing to do, it should be a phase, rather than shall the Town do this and that, it should be to decide whether the Town should do something. First Selectman Patton commented that we do not know what this would entail, we don’t know if we will meet any of the requirements, even if we wanted to do it. Selectman Ennis asked if this was always a non conforming use and now do we have to submit an application for a special permit and parking. First Selectman Patton commented that we have to submit a parking plan for the TOB. Selectman Knight commented that we were kind of grand fathered in but we had Public Works here, if we wanted to bring back Public Works we would have to apply, have a site plan, parking and meet all the
requirements. First Selectman Patton commented that we would have to meet all the requirements of today even though Public Works was here before. Selectman Ennis commented that the only reason we could escape applying for a special permit for this use of this R80 parcel is if it were a non conforming use at the time the regulations were adopted. First Selectman Patton commented that the only way we escaped not doing a special permit is that we have existed for 25 years. If we have a major change here, at Public Works or the Youngerman property, we will have to get a special permit. Jack Lewis commented that he has seen PZC allow accessory uses with special permits, a use to what you already have, but buses are not accessory use to the TOB. First Selectman Patton commented that the Zoning Agent does not consider the buses an accessory use to the TOB, she would consider the buses an accessory use to the schools. First Selectman Patton
commented that we would not have any answers for the Town Meeting. Selectman Ennis asked if it was true we have another 20’? First Selectman Patton commented that he assumed so; everyone says we do, but we would need a snow buffer also. This is not a simple process, after the cease & desist order he went to the PZC meeting and told them that we are trying to work things out, this is a temporary measurer, and they did not do anything, they are waiting for awhile. The Town Meeting is premature; we don’t know what we can lease. First Selectman Patton commented that a Town Meeting can approve something but cannot force you to do something. Selectman Knight commented that he agrees with the Town Attorney wholeheartly. John filled in enough detail. Selectman Ennis disagrees, it satisfies the statute to call a Town Meeting, we do not have to take it verbatim, rewording it removes the concern in the Town Attorney’s memo. First Selectman Patton commented that if we change the
wording we should open it to other property also. Selectman Knight commented that at some point we must consider that our resources are not unlimited; we have to pay for detailed plans for other property presented. Selectman Ennis asked what is the status of the Youngerman Property? First Selectman Patton commented that flagging is done, the elevations are tied in, Public Works has moved stumps out, progress is happening as well as engineering work that was based on the Board’s decision after many months. Karl Acimovic has 30 projects he is working on now and has been working on this since October, he will probably have the plans done by the end of the week, a preliminary site plan, septic, lighting, well and job trailer. It all takes time. Selectman Ennis commented that understands and appreciates your reservations but he doesn’t think we have legal reasons to deny the petition. First Selectman Patton commented that we would
have nothing to present, it is almost frivolously. Selectman Ennis commented that he does not think the attorney’s opinion is competent.
SELECTMAN ENNIS MOVED THAT WE ADD TO THE CALL OF THE 12/13/00 TOWN MEETING, THE AGENDA ITEM TO DECIDE WHETHER THE TOWN SHOULD DECIDE WHETHER THE TOWN SHOULD RESCIND THE DECISION OF THE BOARD OF SELECTMEN TO LEASE THE PARCEL KNOWN AS THE YOUNGERMAN PROPERTY FOR THE PURPOSE OF SCHOOL BUS PARKING AND WHETHER TO DIRECT THE SELECTMEN INSTEAD TO LEASE PART OF THE TOWN OFFICE PARKING LOT FOR THAT PURPOSE PROVIDED ZONING REGULATIONS CAN BE MET.
Selectman Knight seconded the motion.
VOTE: 1 YES (ENNIS) 2 NO (PATTON & KNIGHT) MOTION FAILS.
First Selectman Patton commented that based on the Town Attorney’s letter recommending that the Board is not permitted to warn a meeting unless the purpose of the meeting is one that the Board is legally to do, he will make a motion to deny this petition.
FIRST SELECTMAN PATTON MOVED TO DENY THIS PETITION TO CALL A TOWN MEETING.
Selectman Knight seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 1 NO (ENNIS)
APPOINTMENTS
SELECTMAN KNIGHT MOVED TO RE-APPOINT THE FOLLOWING:
TO THE HISTORIC DISTRICT COMMISSION:
MARY BETH CARON, REGULAR MEMBER, TERM 1/1/01 TO 1/1/06
ROSA HELENA CHINCHILLA, ALTERNATE, TERM 1/1/01-1/1/04
AS MUNICIPAL ANIMAL CONTROL OFFICERS:
RICHARD E. CLAUS, SR. TERM 1/1/01 TO 1/1/03
JOYCE CLAUS, ASSISTANT, TERM 1/1/01-1/1/03
TO THE ZONING BOARD OF APPEALS:
DOROTHY BROWN, REGULAR MEMBER, TERM 12/31/00 TO 12/31/05
PAULA ENDERLE, ALTERNATE, TERM 12/31/00-12/31/05
GEORGIANA BOOTH AS THE AGENT FOR THE ELDERLY, TERM 12/7/00 TO 12/7/02.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
PUBLIC WORKS
Wes Beebe commented that they are still mowing and they are working on Krivanic Road.
First Selectman Patton commented that they are taking care of the lower end of Krivanic Road that leads on to Common Road. The States gives us money for that and we will make it so a car can get through. Wes reported that there were 2 storms, 11/26 storm cost $2,031.77 and 357 miles and 11/30 cost $2,685.72 and 470 miles. The crew will be finished with basins this week.
HARASSMENT POLICY
This will be brought up at the next meeting.
BOARD OF SELECTMEN 2001 SCHEDULE
FIRST SELECTMAN PATTON MOVED TO APPROVE THE ATTACHED BOARD OF SELECTMEN’S 2001 SCHEDULE.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
HOLIDAYS SCHEDULE
FIRST SELECTMAN PATTON MOVED TO APPROVE THE ATTACHED HOLIDAY SCHEDULE FOR 2001.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
REGULAR MEETING MINUTES -6- DEC. 4, 2000
TOWN MEETING DATE
SELECTMAN KNIGHT MOVED TO SET THE TOWN MEETING FOR DECEMBER 13, 2000 AS PER THE ATTACHED CALL.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO ADD TAX REFUNDS TO THE AGENDA.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
TAX REFUNDS
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $92.78 TO GMAC.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $102.16 TO SINGH HARINDER.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $158.00 TO BARBARA LOUNSBURY.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $69.39 TO VW CREDIT INC.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $242.87 TO VW CREDIT INC.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $254.17 TO VW CREDIT INC.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
GOOD & WELFARE
First Selectman Patton commented that the Board of Selectmen’s meeting on 12/18/00 will be downstairs and will be a joint meeting with the Board of Finance. The Fire Department will give a presentation at 7:30 P.M. Selectman Ennis suggested/requested that a statement of the Hancock Road logging project be produced. Selectman Ennis asked about the Schofield Road monitoring for speed, it has not been set up yet. Wes will get the monitors. First Selectman Patton commented that radar was on Schofield Road last week and 10 tickets and 4 warnings were given in 2 hours.
SELECTMAN KNIGHT MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS LEGAL MATTERS AND PERSONNEL MATTERS AT 8:18 P.M. AND INVITE NICOLE LINTEREUR, ASSESSOR.
First Selectman Patton seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
Nicole Lintereur left executive session at 8:44 P.M.
SELECTMAN ENNIS MOVED TO COME OUT OF EXECUTIVE SESSION AT 8:50 P.M.
First Selectman Patton seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
SELECTMAN ENNIS MOVED TO ADJOURN THE MEETING AT 8:52 P.M.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
Respectfully submitted,
Mary Bowen
Secretary
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