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1989/07/18APPROVED EX~XnT~EBOA~D~ July 18, 1989 O 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: O 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 O 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 O 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. O O 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