1989/07/18APPROVED
EX~XnT~EBOA~D~
July 18, 1989
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Mayor Peters called tb~ meeting to order at 8:30 ~. Present w~re
Deputy Mayor Karen M~:__~e, Deputy Mayor Jsanes McNa{r, Atty. E.
Timothy Sullivan, Dr. John P. McIntosh, Joanne ward-Town Clerk, and
John Mason-Hartford Courant reporter.
~Ap~roval of minutes
Mayor Peters stated that the following corrections to the minutes of
July llth were needed: Pa~e 1, Personnel/Purchasing Matters, it~n
one, liD~ 1, "and" should be "at"; page 2, item 3, line two, Deputy
Fire Marshal should read Fire Inspector; page 2, ite~ 5, line 2, change
"had" to "has"; page 3, itsm eight, line 2, c~hange "had" to "has"; line
4, change "moved" to "move" and line 10, "$100" should be "$1080"; page
4, paragraph five, first sentence should read "Atty. Sullivan said
that he had received a copy of a letter frc~ the attorney for Mr.
Braunstein, regarding the proposed land swap on Woodlawn Road,
stating that he felt the agre~_nt was as discussed."; page slx,
paragraph two, line 3, date should be December 31, 1989; page 7, under
Budget Transfers and/or Appropriations, paragraph 2, line 5, delet~
second "funds" and paragraph 4, line 2, change "their" to "Nursing";
and page 8, line 1, change "they" to "that".
Mayor Peters moved to approve the minutes as corrected, s~ed by
Deputy Mayor McQuade, pas~d unanimously.
A~ienceof citizens
P~capitulation of Minutes
Mayor Peters reported on the following issues:
"Trackless" Purchase: The sales representative will be in Town next
week and an attem~ will be made to negotiate the purchase price
downward.
Dog Pound: There is a question on the number of stalls request_~d_ for
the ~ition to the dog pound and a meeting is to be held Wednesday
morning to clarify the matter.
Suggestion Awards: Jim D'Errico is to keep a file of all suggestions
that have received awards and in that way if one is not impl~_nted at
the time ~_e to cost factors a record will be available for later
action o
Corporation Counsel
Atty. Sullivan briefed the Executive Board on the following issues:
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Gerdis Case: He said that they b~ go~e to court on Monday and
received an Order of the Court whereby Mr. Gerdis has until August
1st to clean up the property on Bishops Curve, and if D~)t properly
cleared, he will be fined $100 per day, which will go to the Town. F~
said that the Town can still go in and clean up as it sees fit. Mayor
Peters asked how the Town is going to get reimbursement for the mo~ey
already spent to have Manafort r~nove materials. Atty. Sullivan said
that Mr. Gerdis will be billed and if he does not pay within thirty
days the Town will place a lien on his property for the m~ney. The
Mayor the~ stated that he ur~lerstood Mr. Gerdis was moving so~e
articles fr~ this site to his property on Sesmuur Road and asked if
sc~ethi~ was being done to prohibit this action. Atty. Sullivan
said that the Town had a Contempt Action on the Seymour k~d property.
Farone Matter: Mayor Peters said that he bad spoken with Atty.
Scanlon, representing Helen Far~e, and told him that the Town is
only interested in restitution for _~__amages incurred as a result of the
cruiser accident caused by Mrs. Farone. The Mayor said that tb~ Town
is not out to criminally prosecute his client and that if she is
willing to sign an agreement for making restitution then the Town would
be satisfied. He then asked the Corporation Counsel to see if she
would enter into a stipulated Agreement with the Town to make regular
payments for costs to the Town as a result of her actions.
Turner Case: Atty. Sullivan said that he had not been able to reach
Mr. Tur~mr to inform him of the Executive Board's decision_, on a payment
schedule for reimbursement to the Town for cost resulting frcm a
Police Cruiser accident. Mayor Peters asked Atty. Sullivan to send
him a letter, if he cannot reach him by telephone, requesting the first
payment by th~ end of the month.
"Nuisance Ordinance": Mayor Peters referred to a petition received
from residents on Mc~urray Drive and Chamberl~ Highway requesting
that the Town adopt sc~e sort of ordinance to regulate the hours during
which construction work can be conducted. He asked him to draft an
ordinance and suggested he contact CfM for sample ordinances adopt_~__
E~ecutive Session
Mayor Peters moved to enter Executive Session at 8:57 ~m to discuss
an opinion submitted by the Corporation Counsel concerning the Econcmic
DeveSt Cut,,~ssion Chairman, seconded by Deputy Mayor McQuade,
passed unanimmasly. Atty. Sullivan was rec~_ested to remain.
Mayor Peters moved to exit Executive Session at 9:12 ~n, seconded by
Mayor Peters asked Atty. Sullivan to look into the matter of the suit
between the Zonin~ Ccemission and th~ Zoning Board of Appeals to see if
there is an a~t with the attorney representing the Zoning
C~'~,;-.~ssion capping his fees.
Per~x~el/Purchesing Matters
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James D'Errico, Person_riel Director, ha_a_ the following items for
action by the Ex~-'utive Board:
Assistant Town Clerk Position: Mayor Peters moved =to hire Bobert
Harmon to fill the position of Assistant Town Clerk, seconded by
Deputy Mayor F~Quade, passed unanimously.
Cruiser Accident: In the accident involving Helen FaroD~ the final
figures had been compiled and the total cost out of pocket to the To~n
is $3,708.38. He asked the Executive Board if he would need a budget
change in that amount to proceed with the purchase, which tb~y had
~3.~ady authorized at a previous meeting. Mayor Peters said that he
w~uld and they ~m~ld approve it tonight and have it drawn up.
Mayor Peters moved to approve a budget transfer frcm the Insurance Fund
in the amount of $3708.38, to offset losses incurred based on
depreciation, for the purchase of a cruiser, seconded by Deputy Mayor
McQuade, passed unanimously.
State Grant: Mayor Peters informed the Board that the Town had been
notified that the State had awarded the Town a grant in the amount of
$36,200, for lighting at the football/soccer multi-purpose field at
Sage Park. The Town had put in for a grant in the amount of $91,8Q0 to
fund the project and the an~unt awarded represents 40% of the total
project cost. Deputy Mayor ~&~Nair stated that the Booster Club might be
willing to help fund scme of the balance of the cost of the lighting
project. Mayor Peters moved to pass the grant information-0n to the
Board of Finance with a budget request, seconded by Deputy Mayor
Job Description-L_~hrary Circulation Clerk: Mayor Peters moved to
accept the Library Board's rec,&,;,~-,e, rwzlatian for a job description for the
circulation Clerk, seconded by Deputy Mayor Mc~_~_~__~, passed
Library Telephone System: The Library Board sul~t~ a copy of a n~mo
sent to the Public Building Ommission informing them that they had
voted to rec~%~nd to the C~-,~.~ssion to accept the bid frcm Sonitrol
for a new phone syst~n in the new library. Mayor Peters said that the
Town was still studying systems and that tb~ ultimate decision on the
type of phone to be installed should rest with the Executive Board.
Fence-Town C~vage: Mr. D'Errico said that b~ had received pr~e
estimates f£uu L & M Ferule Co. Inc., to install fencing in areas at the
garage c~mplex. O~e proposal was to install a 15 s~_~ave foot fence,
eight feet high, around the waste oil area at a cost of $2,880. Tb~
second is to install fencing around the perimeter of the complex, using
scme wire fencing that the Town has, at a cost of $11,300. Mayor
Peters said that he could foresee many problems with fencing in the
entire complex and would like to see the fifteen square foot fence
installed around the waste oil area.
Mayor Peters moved to waive the bid procedure for tb~ betterment of the
Town, and award the fencing of the waste oil area at the Town Garage to
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L & M Fence Co. Inc. at a cost of $2,880, to be taken from the Capit_~]
Over Expenditure by Ted Hrubiec, Public Grounds Department: Mayor
Pea_ers referred to a letter of explanation, requested by the Executive
Board, on the over exper~ture of the Over Time Account fr~u Mr~d
Hrubiec. The Mayor said that he had received a letter frcm the
of Finance which stated that they felt the money, in the amount of
approximately $97.00 be collected frcm Mr. Hrubiec~ After a lengthy
discussion, the Executive Board said it felt it ~m~ld not be proper to
attempt to recover this expenditure from this individual. ~_e to the
fact that on t~o occasions he gave two different reasons for tb~ over
expenditure, without .prior authorization, the majority of the Board
felt s(~e type of actmon was necessary.
Mayor Peters moved to send a letter of reprimand to Ted Hrubiec,
seconded by Deputy Mayor McQuade. In a discussion that followed
Deputy Mayor McNair said he did not feel b~ deserved a letter of
reprimand, just a letter stating that he was not to allow this to
happen again. Mayor Peters asked what a letter of that type would do.
He said that over expenditures without authorization are in violation
of the Charter. A vote was taken and all w~re in favor.
Old Business
~moli~n, of c~ty House/S~s on Town Farm Property
Mayor Peters said that the demolition of the Ommamity House on
Worthington Ridge has been cc~pleted. The large barn on the Town
Farm property is down and the mmaller buildings will be burned.
Berlin-Peck T.{hrary: Policies for Meeting Rocm/Basement
Mayor Peters moved to r~move this it~n fr~n the table, seconded by
Deputy Mayor McQuade, pas~d unanimously.
Mayor Peters raised tb~ question as to how the Library Board arrived at
the fee charges for the meeting rocm~ and if they had checked with
su~ounding towns for oc~pari~. Om the policies for the basement the
Mayor said he had a problem with limiting access to library hours. He
said th~-e may be times when custodians or managers have to get items
during hours when the library is closed.
A discussium on the best way of handling the scheduling the meeting
zucms for use by s~ne boards and by the public followed. The Executive
Board will decide which Boards and C~,,.{ssions will use the Library for
meetings. Jim D' Errico stressed the impo~ of having one person
handle booking of zxxams so as not to double book and to have all
scheduled meeting in one place fo= the press.
Mayor Peters moved to table this item again for further consideraticm,
seconded by Deputy Mayor McQuade, passed unanimously.
~3~olution from New Fairfield~ CT
Mayor Peters moved to remove this it~n frc~ the table, seoonded by
Deputy Mayor McQuade, passed unanimously.
Mayor Peters asked the Deputy Mayor if they had rev~ the resolution
sent fr~n New Fairfield urgn%g the CT General Assembly to enact
legislation to rec~{~e that school districts be 'account~_hle by l~e
item and Depax~nt to the Board of Finance and resident taxpayers at
Town Meetings. Mayor Peters said that their letter requestea_ that
other towns adopt similar resolutions and to r~A~St their state
legislators to support legislation to amend the current Statutes to
insure acoount~h_ility in all fozms of government sper~__~{ng.
The Mayor said that he was in favor of ~4r~ting such a resolution and
forwarding it to ~=r legislators for possible consideration, seconded
by Deputy Mayor Mc~ade, passed unanimously.
New Business
Appoin~nts to Boards and
Conservation Commission: Mayor Peters moved to appoint Jack Ritter,
upon the rec~'~;~_n_~___ation of Chaizman Patricia Strazzulla,. to serve an
unexpired term to run until 1993, seconded by Deputy Mayor McQuade,
~_s~d unanimously.
Mayor Peters asked that Deputy Mayor Mc~3_ade contact Mrs.~
Strazzulla to see if she talked to the other two people who expressed
an interest to see if they wanted their na~s kept on file.
Park and Becreation Request
Mayor Peters moved to approve a request from the Recreational Service
Department, to allow the sale of food at Sage Park by the Berlin High
Senior Class and the Berlin Midget Football League, seconded by Deputy
Mayor McNa/r, passed unanimously.
SDecial Town Meeting Date
Mayor Peters moved to schedule a Special Town Meeting for August 1,
1989 at 7:00 lan in tb~ Meeting Bo~n of the Town Hall, seconded by
Deputy Mayor McQuade, passed unanimously. The following items are to
lm on the agenda:
- a t~hled item: Acceptance of Lake Drive;
- a $45,000 budget transfer for the Mat~_ahassett Sewer Treatment;
- a $9,000 budget transfer to fund the Town's portion of the costs of
installing a traffic signal on Rt. 5&15 at Spruce Brook Boad;
- a $1,500 budget transfer within the sewer account for sewer pumping
expenses.
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Finance
Mayor Peters moved to remove a $4000 budget request from the
Ma{ntenaD~e Department and a $75.00 budget request fr~n the Library
frcm the table, second~ by Deputy Mayor McQuade, passed unanimously.
Maintenance Read_est: Mayor Peters said that the Board's question on
what fiscal year the request was for had been answered and it was in
the 1988-89 budget and that the fun~___~ were needed to pay anticipated
electricity bills. The transfer is frc~ the Building M~_ ~nte~mmce
telephone account to the electricity account in the same department.
Mayor Peters moved to ap~-ove th~ budget request to transfer funds in
tb~ amount of $4000 within the Maintenance Department, seconded by
Deputy Mayor l'~:~3__a_~_e, passed unanimously.
Library P~quest: Mayor Peters said that he had spoken with the
Chairman of the TShrary Board on the Library request to transfer funds
frc~ tb~ secretarial account to tb~ mileage account to cover an over
expenditure and received her assurance that this would not happen
again. Deputy Mayor McNair said that perhaps Mr. Devlin should
receive a letter of reprimand for his over expenditure of the library
mileage account without prior authorization. Mayor Peters suggested
that Mr. Devlin be allowed to sukmit a letter of explanation as did
Mr. Hrubiec. Mayor Peters moved to ~ahle pending the receipt of a
letter of explanation frc~ Mr. De, lin, seconded by Deputy_Mayor
Mc~:_ade, passed unanimously.
Mayor Peters moved to ~ a letter from Bobert Mayer to the agenda,
~onded by Deputy Mayor M~_,.~_~e, pas~d unanimously.
Mayor Peters referred to a letter written by Bobert Mayer which
suggested that the football field at Sage Park be named in honor of the
late Chief of Police, William Scalise. The Mayor asked Deputy Mayor
McNair if he knew if the field had been named for anyone else. He
said that to his knowledge it h_~d not. Mayor Peters moved to forward
to the Park and P~creation Cu~,~.{ssion for their consideration and
c~i;¥~nts. Deputy Mayor McNair suggested that a letter be sent to the
Ommission stating that the Executive Board was in support of the idea.
Mayor Peters moved to adjourn the m~eting at 10:45 ~, seconded