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1978/12/12 December 12, 1978 .. Regular meeting of the Berlin Planning Commission was held on December 12, 1978 ~t 7:30 P.M, at Town Hall. Those in Attendance were Mr. Dobson, Mr. Piskorski, ir. Stiano, Mr. Baccaro and Mr. Rosso. Also present were Mr. Seelye, Town Engineer md Mr. Howard, Assistant Town Engineer. Agenda Item 2. Bond reduction and street acceptance of Circlewood Drive, Zongview Acres, Phase I, Bell City Construction, Discussion was held on several ~tems to be completed. Mr. Seelye stated that the Commission could release the ~ubdivision Bond and accept a Maintenance Bond if these items are included in the 4aintenance Bond. Mr. Seelye also stated that the road is ready for accep'tance if ~his is done. No action taken. 5. Agenda Item 1. Site plan approval and final subdivision approval of lot llA, )lock 29E, Farmington Avenue and Oakwood Road, Mr. Augusto Oliviero is the develop. 4r. Howard reported that everything is in order on the Site Plans titled: "D~M %ssociates, Land Surveying and Land Planning Engineering, Bloomfield, Conn., revise, [1/28/78". On motion by Mr. Piskorski, seconded by Mr. Baccaro, it was voted to lpprove the site plans. Mr. Seelye reported that the bond has not been received on :he final plans. On motion by Mr. Baccaro, seconded by Mr. Dobson, it was voted :o grant final approval of the plans titled: "Subdivision plan, property of Pine ~ree Builders, D~M Associates Land Surveying and Land Planning Engineering, Bloomfi, ]onnecticut, dated 10/78", upon receipt of the bond by the Engineering Department. ~oth motions carried. [. Agenda Item 7. Subdivision Approval, lots 6-7-8-9, block 47, Peck Street, Main ~treet and New Britain Road, Mr. Huber Miglioli, owner. Mr. Robert Argazzi, attorm :epresented the owner. Mr. Argazzi stated that this is a reapplication as the firs' Lpplication was not returned in the 90 day period, due to error, and asked that'the Lpplication fee be waived. On motion by Mr. Stiano, seconded by Mr. Dobson, it ~as voted to waive the fee. Motion carried. On m orion by Mr. Baccaro, seconded ~y Mr. Stiano, it was voted to approve the subdivision plans titled; "Subdivision ~lan, Property of Huber E. Miglioli and Florence Homcombe, on Peck Street-Main Stre~ Jew Britain Road, Lots 6-7-8-9, Block 47, Kensington, Connecticut, as revised [uly 12, 1978", with the same conditions that existed in the original approval. {orion Carried. ;. DiscuSsion was held with Attorney Weaver, representing Mr. Waluk, concerning :he subdivision on the Chamberlain High~ay. No action taken, i. Agenda Item 3. Individual Grander Pumps. Dr. Chotkowski, Berlin Health )irector, reported that he contacted the State Health Department and DEP. Repre- ;entatives were supposed to be present tonight. Several suggestions were made by )r. Chotkowski, including: A second pump should be required so that it can be ~sed if the first one fails The length of systems and the height of pumping to be ~llowed should be set. Each grinder pump should have an emergency tank of 300 :allons or more. Jurisdiction of the lines should be established such as in a traditional system. Inspection of proper installation and maintenance should be ;pelled out in writing. These systems should not extend beyond property lines of :he owner. Dr. Chotkowski suggested a moratorium on the grinder pumps until the 'own has the opportunity to determine what the effects are with the systems that ~re already installed. Mr. Godfrey, chairman of the Water and Sewer Commission, fas in agreement. Lengthy discussion followed. No action taken, ' Agenda Item 4. DiscusSion of lot 3B and SA, Block 7lA Norton Road and Cole .ane, Earl Wicklund, owner. Mr. Piskorski disqualified himself because of previous nvolvement in the property, Mr. Wicklund presented the plans titled: "Preliminar ;uhdivision Plan, Old Orchard Town, Block 7lA, lots 3A and 3B, property of Earl H. ~icklund, Inc., Berlin Connecticut dated November 1978." No action taken. Regula- tions for the use of Individual Grinder Pumps must be determined first. .. Agenda Item 6. Mr. Baccaro presented a letter addressed to Mr. Rosso dated 2/12/78 requesting that the subdivision bonds for Shady Notch and Misty Mountain :oad, Ridgewood Section 5, be reduced from $3,000.00 to zero. On motion by Mr. ~obson, seconded by Mr. Baccaro, it was voted to reduce the bond to zero. lotion carried. Agenda Item S. Meeting dates for 1979. Consensus of the Commission was to ~tay with the second and fourth Tuesdays of each month. Minutes of November 28, 1978 were presented. On motion by Mr. Dobson, seconde~ .y Mr. Piskorski, it was voted to approve these minutes as presented. Ail in 'avor Motion Carried. ). Minutes of November 14, 1978 were presented, On motion by Mr. Stiano, seConde~ )y Mr. Baccaro, it was voted to approve these minutes as presented. Ail in favor. 4otion Carried. ~. On motion by Mr. Stiano, seconded by Mr. Baccaro, it was voted to approve the ~ovember bill of the Recording Secretary. Motion carried. 569 ~eeting adjourned at 10:20 P.M. Respectfully submitted, Peter B~ccsro~ secretar~ Motion was made by Mr. Miller, seconded by Mrs. Delaney and VOTED to transfer $746.00 from #210 Contingency to account #1805 Maintenance & Operating Expenses. ABSENT:Dr.McIntosh Bill received from The Rizza Drilling Corp. for digging at the Golf Course which produced water at the rate of 3 gallons per minute. (see minutes of October 24, 1978) The water has been tested at the capped well and Mr. Richard Russell will submit an estimate on the cost to supply the water to the clubhouse. Motion was made by Mrs. Delaney, seconded by Mr. Miller and VOTED to appropriate $2,821.00 from the General Fund to account #1985 Maintenance, repairs and supplies to allow payment of the bill. ABSENT: Dr. McIntosh Letter from Mayor Arthur B. Powers dated November 27, 1978, requesting a transfer of $500.00 to account #164 Tax Refunds to allow payment of an outstanding bill in the amount of $68.70 and several more forthcoming. Chairman Ward requested that this Board be supplied with a copy of the request for a refund indicating the reason a bill was paid twice. Motion was made by Mrs. Delaney, seconded by Mr. Miller and VOTED to transfer $500.00 from #210 Contingency to account #164 Tax Refunds. ABSENT: Dr. McIntosh Letter from the Registrars of Voters dated November 21, 1978 advising that the special price quoted them for the purchase of two typewriters was not available at the time they were given funds. They have again checked prices at various stores and find the best pric% which is only available until November 30, is $219.95 which will necessita~ an additional transfer. On September 5, 1978 the Board transferred $360. to account #9040 Registrars of Voters-typewriters. Motion was made by Mrs. Delaney, seconded by Mr. Ward and VOTED to transfer $80.00 from #210 Contingency to account #9040 Registrars of Voters-typewriters. OPPOSED: Mr. Bernardi ABSENT: Dr. McIntosh (Mrs. Powers was notified by telephone on November 29 of this action.) The meetiDg was adjourned at 9:15 P.M. Respectfully submitted, yudith Lind~ren, secretary MINUTES BOARD OF FINANCE Regular Meeting December 12, 1978 Members Present: Thomas W. Ward, Jr., Blanche J. Delaney, Dr. John McIntosh (8:10), John F. Miller, Robert Dacey, Joseph A. Bernardi Others Present: Gary S. Clinton, Finance Director; Mayor Arthur B. Powers; Francis J. Motyka, Tax Collector; Corporation Counsel Harry Jackaway; Kay Cahill, reporter-The Herald; John Heenehan, reporter-Hartford Courant Meeting was called to order at 8:03 P.M. by Chairman Ward. MINUTES It was moved by Mrs. Delaney, seconded by Mr. Miller and VOTED to approve the minutes of November 28, 1978 meeting. ABSENT: Dr. McIntosh BILL It was moved by Mr. Miller, seconded by Mrs. Delaney and VOTED to approve payment of a bill from Judith Lindgren in the amount of $225.25 from #201 Board of Finance-Operating for secretarial services for the month of November, 1978. ABSENT: Dr. McIntosh CORRESPONDENCE Letter from Corporation Counsel Jackaway dated December 7, 1978 advising that the case of Debra Swanson, admx. of the Estate of G. Jeffrey Swanson vs. Town of Berlin and Officer Donald Chant has been settled and the case withdrawn from court. TOWN MEETING Letter from Mayor Powers dated December 5, 1978 enclosing a copy of a letter from Corporation Counsel Jackaway along with a copy of a memo from Attorney Joseph El Fazzano regarding case of Timothy Swanson, ppa, et al v. Town of Berlin, et al. Attorney Jackaway advises that the State of Connecticut is paying $3,500 for a release of their portion of this claim and after discussion with the plaintiff's attorney, the Town can be released upon payment of $3,000. He requests authorization of the $3,000 settlement. Mayor Powers advises that the Executive Board voted to recommend to the Board of Finance that $3,000 be appropriated for this settlement. Motion was made by Mr. Dacey, seconded by Mr. Bernardi and VOTED to authorize the Executive Board to call a Town Meeting to appropriate a sum not to exceed $3,000.00 from the General Fund to account #116 High Court Settlements. EXECUTIVE SESSION Motion was made by Mrs. Delaney, seconded by Mr. Bernardi and VOTED to go into~xecutive Session at 8:08 P.M. at the request of Corporation Counsel to discuss the collection of back taxes as some cases'a~e pending litigation. It was agreed prior to going out of Executive Session that taxpayers who are delinquent in tax payments on Real Estate of three years or more will be subject to foreclosure except in cases with extenuating circumstances. MotiOn was made by Mrs. Delaney, seconded by Mr. Bernardi and VOTED to go out of Executive Session at 9:08 P.M. REGULAR SESSION Before the departure of Attorney Jackaway, Mr. Motyka and Mayor Powers, Chairman Ward pointed out there has been an increase in payment of taxes in the last thirty days so we could decide to wait until after the holidays to print the names of those persons who are delinquent in the payment of their taxes. If we don't collect from these people, we will have to raise taxes to make up for the back taxes. OLD BUSINESS - Cooley property Mr. Bengston appeared to discuss the property of Norman P. Cooley and the recent appraisal of the property by A.R. Canzonetti. Mr, Canzonetti advises in his report the market value of the property as of October 9, 1978 was $265,000.00 (approx. $6,000 per acre) He states approximately 400 feet from the frontof the property, there is a large "Designated Wetlands" area which runs the entire width of the property and contains approximately 12 acres of land area. In addition, approximately 13 acres of land located at the extreme rear of the property are zoned Flood Plain. A small stream meanders through this rear 13 acres of land and a portion of this area is also designated on the Flood Hazard Boundary Map of the Town. This rear piece also includes additional "Designated Wetlands" acreage. In total, approximately 32 of the 44.217 acres are affected by being located within a Flood Plain, Inland Wetlands and/or Flood Hazard area. Chairman Ward asked in light of what we paid for the Bicentennial Park property how does this compare. Mr. Bengston said this appraisal was based on comparable sales. The Bacon property sold for $6,500 per acre; Wicklund was $7,000; Wilcox was $7,700. Mrs. Delaney pointed out the land is not comparable; most of the Cooley property is swamp land. Mr. Miller advised that the property has been offered at $4,250. per acre on the market. It was agreed there is no reason why we should expect the State and Federal governments to accept it at a higher price. Mr. Bengston pointed out the State can get their own appraisal; it is up to the State and Federal governments to protect their interests. Board members said they didn't like the price. This gift is not a gift; Mr. Cooley is getting exactly what he wanted on the market. They wondered if he would accept a lower price and why the Conservation Commission didn't ask him what he wants for the property. Mr. Bengston said it just didn't come up. Mrs. Delaney said it is morally wrong to vote on a price that we know is wrong. Motion was made by Mrs. Delaney, seconded by Mr. Dacey and VOTED that if a price of $180,000.00 is acceptable to Mr. Cooley, we would recommend to the Executive Board to appropriate $180,000.00 through the issuance of bonds and notes for the 39(; acquisition of 44.217 acres of property on the east s ~e of Chamberlain Highway owned by Norman P. Cooley subject to Federal and State approval. OPPOSED:Dr.McIntosh, Mr. Bernardi The $180,000.00 is subject to Mr. Cooley's 25% donation which will be deducted. It was agreed to send Mr. Bengston a letter to this effect. Mr. Bengston pointed out that Mr. Edwin Murray paid the bill for the appraisal. The check, payable to the Conservation Commission, will go through the Open Space Account and paid out to Mr. Canzonetti. The meeting was adjourned at 10:35 P.M. Respectfuxl, lz~ submitted, d~ ti ~i~nd/g'/e~n, secret ary MINUTES BOARD OF FINANCE Regular Meeting December 14, 1978 Members Present: Thomas W. Ward, Jr., Blanche J. Delaney, Dr. John McIntosh (8:35), John F. Miller, Joseph A. Bernardi Member Absent: Robert Dacey Others Present: Gary S. Clinton, Finance Director; Richard Russell, Superintendent of Public Buildings; John Heenehan, reporter-Hartford Courant Meeting was called to order at 8:30 P.M. by Chairman Ward. MINUTES It was moved by Mr. Miller, seconded by Mrs. Delaney and VOTED to approve the minutes of December 12, 1978 meeting. ABSENT: Dr. McIntosh CORRESPONDENCE' Letter from Mr. Russell, dated December 14, 1978 requesting permission to expend $770.00 from account ~9905 Public Buildings Capital Improvements-Schools to update lighting in four classrooms in Hubbard School. Mr. Russell advised there is a surplus in this account. As this item was not part of his original request, approval must be given. Motion was made by Mrs. Delaney, seconded by Mr. Miller and VOTED to approve Mr. Russell's request to expend $770.00 from account ~9905 to update the lighting in four classrooms in Hubbard School. Letter from Corporation Counsel Harry Jackaway dated December 5, 1978 advising that the Town has collected a total of $585.20 during 1978 for sign damage and other traffic damage. Letter from Mayor Arthur B. Powers dated December 5, 1978, advising that the Executive Board voted to approve the two percent salary adjustment for the Public Health Nursing personnel. (see minutes of November 9, 1978) Letter from Nicholas J. DiMaggio, Chairman-Board of Police Commissioners, dated November 22, 1978, requesting $1,202.00 be added to account 92000 Executive Officer. The salary is figured as follows: 12/1/78 to 6/1/79 @ $20,000 per annum - $10,000. 6/1/79 to 6/30/79 @ $22,000 per annum - + 1,834. $11,834. funds available - 10,632. funds needed ~--~,202. It was agreed to advise Mr. DiMaggio that this Board is not in complete agreement with the salary arrangement and this will be discussed when he comes in with his budget.