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1994/02/01APPROVED Mayor Robert Peters called the meeting to order, at. 7:00: P~.- i~'~e~ent~ ~ ~ . J .~. ~ .~ were Deputy Mayor Arthur Powers, James D'Errlco-D~rector' of .Pers6r~ ' and Purchasing, Donald Ward, Charles Warner, Robert Weiss, Sandra 'James- Hartford Courant Reporter, Susan Garro-Herald reporter, and Janice Serafino-secretary. Deputy Mayor Veronesi absent, as he is on a school trip. Approval of Minutes Mayor Peters noted that on page seven, under Commission Secretaries, the salary increases for Executive Board and Planning C~m~'.~ssion should be "$10.00 per meeting" not "$10.00 per hour". Deputy Mayor Powers stated tb~t after the appointment of the civilian Police Dispatcher he recalls that the name of Elaine Andrzejewski, a library employee, w-as mentioned to be trained as a back-up dispatcher. He said he believed Jim D'Errico was going to speak with her to see if this would interfere with her library hours. The Personnel Director said he has not spoken with any of the other candidates at yet. It was decided to discuss this matter at the next meeting. Mayor Peters moved to approve the minutes as corrected, seconded by Deputy Mayor Powers, passed unanimously. Audience of citizens No one present wished to speak. Corporation Counsel Letter frcm Frank Stavola Char~ingposs~le Conflict of Interest '~g~nstBothDeputyMayors (Tabled-Executive Session) To remain onthe Table, investigation scheduled February 8th meeting at 8:00 p.m. inExecutive Session. Personnel/Purchasing Matters %,k~_ate on Salary Necjotiations for Top Managers (Executive Session) Nothing to report at this time; meeting scheduled for Monday, February 7th at 4:00 p.m. in Executive Session. Civilian Police Dispatcher Position (Executive Session) To be taken up later in the meeting. A~_dition to Agenda Mayor Peters moved to add the purchase of a back-hoe/loader to the agenda, seconded by Deputy Mayor Powers, passed unanimously. Mr. D'Errico explained that both Bryan Griswold, Highway Superintendent, and J~mes Simons, Chief Mechanic, have recc~nended other than the lowest bid. He said the lower priced machines do not meet the specifications the Town set forth in the bid package. Additionally, Messrs. Griswold and Simons stated that the purchase of a John Deere machine would move toward standardization of the Town's fleet of machinery, making maintenance and repair work much easier and less costly. Mayor Peters asked why they did not just go to bid on a John Deere product if that is what they wanted? Mr. D'Errico said that this will be addressed for future bidding. In answer to a question posed by the Mayor, Mr. D'Errico said more money w~uld be realized frc~ a trade rather than an outright sale. Mayor Peters moved to purchase a John Deere back-hoe/loader frc~ Lc~ac Equipment of East Windsor, high bidder, at a net cost of $62,000 (bid price of $69,700 less $7,700 trade), in the best interest of the Town based on the state~ants of the Highway Superintendent and Chief Mecb~unic, seconded by Deputy Mayor Powers. The Deputy Mayor asked if the John Deere met all of the specs, to which Mr. D'Errico responded affirmatively. The motion passed unanimously. Attorney Stephen Anderson, Corporation Counsel, entered the meeting at 7:15 p.m.. Corporation Counsel Continued Deputy Mayor Powers said the comments he would be making were not meant to be adversarial, but were his opinions on what he read in tonight's newspaper. He said he realizes that the Mayor is an ex-officio member of the Police Ccmnission but felt it would have been appropriate to include the members of the Executive Board when meeting on polics,. The Deputy Mayor said he feels he should have been advised of the meeting and would have liked to attend. Mayor Peters said he had a proble~ with Deputy Mayor Powers' cc~ments. He said that this was a Police Oa-,~¥,~ssion meeting, not an Executive Board meeting. He said that while he established the agenda, the Chairman of the Police C~,~ssion called the meeting. The Mayor said the meeting was not to set policy, but rather to pass on some ideas to the Cc~nission and bring them information he learned at a meeting on crime he had attended that morning at the State Attorney's Office. He said that while Mayor he has attended a number of board and c~,,,,~ssion meetings as an ex-official member. The Mayor asked for a Corporation Counsel ruling on whether, as Mayor, he has the right to request a meeting with any Town board or cu,,~.~ssion, including the Police Ccmnission and also if he could vote as an ex-officio member. -2- Deputy Mayor Powers then brought up the m~ao the Mayor had sent to department managers directing them to refer any requests of the Deputy Mayors to his office, asking that it be rescinded. He said he had called the Finance Director requesting data on health insurance and asked Mr. Clinton to inform the Mayor. Mayor Peters said his understanding of what was discussed at a previous meeting was that the Deputy Mayors, not the managers, would place a courtesy call to his office when they were planning to meet with a manager. He said he would agree to amend the m~no in question if the Deputies will call to advise him of such meetings. As Deputy Mayor Powers was in agreement, Mayor Peters said he send a correction to the original memo to depa~ h~'~nt heads. The Corporation Counsel verified that the rulings requested of him were: Could the Mayor vote on a board/cc~mission as an ex-officio member; should the Executive Board members be aware of meetings the Mayor schedules with boards/cc~missions involving policy; and did the Mayor have the right to do what he did with the Police Cc~ssion on Monday night. civilian Police Dispatcher Position (Executive Session) Mayor Peters moved to enter Executive Session at 7:32 p.m. to discuss the civilian Police Dispatcher position with the appointee, Matt Odishoo, seconded by Deputy Mayor Powers, passed unanimously. In addition to Mr. Odishoo, the Personnel Director and Corporation Counsel were asked to remain. Mr. Odishoo left the meeting at 7:45 p.m., with the Board exiting Executive Session at 7:49 p.m.. No action taken. Attorney Anderson and Mr. D'Errico left the meeting at 7:49 p.m., with the following entering: Charles Warner, James Simons, Susan Garro, Sandra James, Bob weiss, Donald Ward, Richard Feegel-Assessor, and the secretary. Old Business The following items under Old Business are to remain on the Table: -Discussion of Federal and State Grants -Progressive Cc~cation Supply Inc. -Morande Autcmotive Group, Inc. -Smoking Policy: Greenside Restaurant New Business Schedule S~ecial Town meets. 9 and Set Agenda Mayor Peters moved to schedule a Special Town Meeting for Tuesday, February 8th at 7:00 p.m. in the Town Hall Meeting Roc~ and to place the following items on the agenda, seconded by Deputy Mayor Powers, passed unanimously: -3- 1. Transfer a sum not to exceed $97,500 from account 101-1393-930-944 (Fund Balance) to account 318-2232-131-411 (Police Cruisers) to purchase five police cruisers. 2. Transfer a sum not to exceed $4000 from account 101-2129-121-299 (Contingency) to account 101-2338-121-245 (Maintenance & Repair-Park and Traffic Lights) to replenish this account. 3. Transfer a sum not to exceed $18,000 frc~ account 101-2129-121-299 (Contingency) to account 101-2335-121-233 (Garage-Auto Parts) to replenish this account. ~iti.on to A~enda Mayor Peters moved to add acceptance of a parcel of land to the agenda, seconded by Deputy Mayor Powers, passed unanimously. The Mayor explained that this parcel is frcm the Bessie K. Roby estate on Orchard Road. He said a condition of the development of the property was that the Town be granted an open-space easenent to be used for passive recreation. Mayor Peters said trustees of the estate are now offering formal conveyance of the property and the Planning Ccnmzission is reccxmnending the Town accept it at a Town Meeting. After reviewing the accc~i'%mnying map, Mayor Peters moved to approve the Planning C~,/',.~ssion's r~dation and place this item on the agenda of the the February 8th Town Meeting, if possible, seconded by Deputy Ma~vor Powers, passed unanimously. Addition to Aqenda Mayor Peters moved to add Chalmmn Equitmnent C~,~ny to the agenda, seconded by Deputy Mayor Powers, passed unanimously. At 8:00 p.m. representatives of Cha~nan ~ui~nent Company, Kevin Currier, Jeffrey Cook, Marty Garrison, and Chris Travalli, came into the meeting to discuss their assessment on personal property with the Executive Board. Also in attendance were Richard Feegel-Assessor, Bob Weiss-Chairman of the Board of Assessors and Board member John Gerdis. Mr. Currier, Chief Financial Officer of the ccmpany, explained that they requested this meeting for clarification of their position and their hope that the Executive Board would agree with their approach to the assessment of tangible personal property. He said that the Town's request for proof of paymmnt of taxes to other municipalities and states would place an unreasonable burden on the company. Mr. Currier added that the has spoken with the Assessor of Newington and he said Newington would accept Chalm~an's approach to personal property. Mr. Weiss asked why the cc~pany was not able to track tax pasT~_nts on their spread sheet. Mr. Currier's response was they do not have that capability and it would have to be done manually. Mr. Weiss then said that the fact that they have not filed their 1993 personal property declaration is an awkward situation, as by law there is a 25% penalty -4- and questioned how that would impact the 1993 assessment. He told the Corporation Counsel that the Board of Assessors needed guidance in how to proceed. Mr. Weiss asked if the liability of pzoving or disproving tax payment was the Town's or the cc~y's? Mr. Cook told the Executive Board that if the Town did not want his ccmpany as part of the cc~ty they would consider other options. He added that he did not think that is what the taxpayers wanted to hear. Mr. Weiss said if the message they were hearing was that Berlin did not want to do business, he did not know of anyone in Town government today with that outlook. Mayor Peters said he took exception with Mr. Cook's remarks, that his office bends over back--s to work with businesses, but w-ill not do anything unethical or illegal. The Mayor asked that Cha~xaan representatives meet w~th the Board of Assessors and asked Mr. Feegel to con~act the Newington Assessor to see if he could meet also. All who had ccme in on this issue, and James D'Errico, J~s Simons, Charles Warner and the reporters left the meeting at 8:45 p.m.. Bz]dition to Agenda Deputy Ma.vor Arthur Powers moved to add a request for a permit fee waiver by the Berlin Free Library to the agenda, seconded by Mayor Peters, passed unanimously. Mayor Peters moved to waive a permit fee in the anount of $50.00 for the Berlin Free Library for the installat/on of a furnace, with the understanding that the contractor not charge the Library this fee, seconded by Deputy Mayor Powers, passed unanimously. Board and Cc,-~-,~Jssion Matters Deputy Mayor Powers moved to Table an appointment to the Library Board, seconded by Mayor Peters, passed unanimously. Finance Budget Transfers and/or Appropriations Mayor Peters moved to approve a budget transfer request of Rmnald THndgren, Fire Board Chairman, in the amount of $485,000 for the purchase of the fire truck frcm the 1993/94 budget, rather than the 1994/95 budget, seconded by Deputy Mayor Powers, passed unanimously. The Board of Finance is to decide frc~ where to take the funds. Mayor Peters moved to approve a $500 allocation to the Police Department Supply Account, rather than the $1000 requested, stating that this amount should be sufficient for the remainder of the fiscal year, seconded by Deputy Mayor P~w~rs, passed una~ly. -5- Tax Refunds Mayor Peters moved to approve a tax refund in the amount of $86.91 to Clara I. Salsbury, Veterans Exemption, seconded by Deputy Mayor Powers, passed unanimously. Annual Budget Reviews Board of Education Maintenance Budget (2861): Changes: Line Item 219-Materials: Approved $67,800, requested $74,500 Line It~ 270-Contracted Services: -Regular - approved $45,200, requested $54,200 -Maintenance - approved $27,000, requested $39,000 -Projects - approved $97,200, requested $197,100 Total budget approved $244,200, amount requested $371,800. Mayor Peters moved to approve this budget as amended, seconded by Deputy Mayor Powers, passed unanimously. Board of Education Six Year Plan: Mayor Peters moved to approve this Six Year Plan as amended, seconded by Deputy Mayor Powers, passed unanimously. adjour~t Mayor Peters moved to adjourn the meeting at 9:00 p.m., seconded by Deputy Mayor Powers, passed unardmously. ~ice Serafino,/ Executlv~ecretary