1964/06/17Berlin Board of Finance June 5, 1964
Minutes
1. On Friday, June 5, 196k it was voted to transfer ~173.k6 fron the
Staff Nurse II sub-account, Public Health Nursing Budget, to sub-
account Part-time Nurse, P. Ii. E. S. budget, per Mrs. McCain'e re-
quest in her letter to this Board dated June 3, 1964.
2. It was voted to transfer $150. from sub-account General Expense,
P. H. N. S. budget, to sub-account Part-time Nurse, P. H. ]~. S.
budget, per Mrs. McCai~'s request in her letter to this Board
dated June 3, 196~4.
3. In reference to 01d B~slness /f2--Minutes of June 4, 1964, it was
agreed that a letter be sent to Chin. K. Place, Board of Educatio~,
in response to his letter of May 13, 1964 advising that it is
this Board's opinion after discussion with the town auditor that
in the interests of auditing procedure and si~iplification of the
audit of the town records that the monies collected from the pay
phone continue to be returned to the General Fund.
~. In reference to Mr. Powers' letter of June ~, 1964 (See Minutes of
June 4, 1964--Co~ms- Rec'd. ~4) a copy of this Board's letter of
June ~, 1964 to Mr. Seelye will be sent to Mr. Powers advising of
this Board's decision regarding Mr. Seelye's request for certain
budget reallocations (See Minutes of May 19, 1964--Item #3 under
New Business).
Members voting were Chin. P. D. Doran snd Messrs. W. S. Brown, S. J.
Sargis and M. D. Coe.
Respectfully submitted,
Clerk Pro Tern
Berlin Board of Finance June 16, 1964
Minutes
A contmittee meeting of the Board of Finance was celled to order st 7:30
P. M. on Tuesday, June 16, 1964 at the Town Hall.
Members Present: Chin. P. D. Doran and Messrs. W. S. Brown and M. D. Coe.
Lacking a quorum no action wes taken on any business.
A Financial Statement for the period ending May 31, 196~ was received.
Communications Received:
1. A letter dated June 8, 1964 from Town Counsel H. N. Jackaway ad-
vising there are several cases pending against the Town of Berlin
including zoning cases and ne~ligence c~ses. Mr. Jackaway advised
he would meet with this Board et its conve~ience to review these
cases so that this Board may be aware of the potential exposure of
the town from a financial viewpoint.
2. A letter dated June 16, 196[~ from Police Commissioner Wm. McKeon
advising of two estimates for repair work for the new police station.
These include:
Carpenter work (Btgelow)
Labor & Materials ~255.00
Floor Repairs
Tile ~: Materials 190.00
~.0u
3. A letter dated June 16, 196~ from First Selectman A. B. Powers
requesting budgets for the Fire District Elimination Committee,
the Insurance Committee, the Co~umittee for the A~'ed and the Board
of Public Works.
~. A letter dated June 16, 1964 from Mrna. Della Burava, Chairwoman of
the Berlin Jury Committee, relative to extra work involved in com-
piling the Jury List this year. She advised that since the list of
names has increased from 120 to 360 thero is much ~or~ wor~ involved.
On Msy 25 she received a r~qucst from the Clerk of Superior Court
for an additional list of ~0 names. The JDry Co[muittoe feels the
extra hours of work should be co~.~pensated and asks Ibr consideration
of this matter.
1. In reference to Co~m. Rec'd. #1, l~. Jaokaway was invited to attend
the Board's meeting to discuss the various cases and claims referred
to in his letter.
Mr. Jackaway discussed the following negligence cases in court:
a) Rogals.ki vs. Town of Berlin and Town of Meriden
This case instituted some time ago---July 1958.
Clai~ for injuries of his child riding a bicycle on Wast
Peak Road. Child hit a hole in the road while riding.
Proper notice was not given Town of Berlin b~t this was
corrected b~ legislature and the action is for
Rogalski has medical bills of ~600. and cl',ild has made
"fairly decent recovery". Case is liability against town.
The question involved is, wss there shy obligatio~ by
Berlin to maintsin the road? The town by statute is re-
quired to keep its roads in good repair.
The Board asked Mr. Jackaway what constitutes negligence to
which he replied, "The existence or non-existence of rea-
sonable prudence".
!~r. Jackaway noted that he thinks if there were any value
to this case it would have been settled long ago.
b) Beecher vs. Town of Berlin
This case instituted May 27, 1964. Mrs. Beecher was walking
along Cole Lane and stepped into a hole in the road. She is
suing for ~lO,O00. for bruises and a foot fracture. She is
represented by Camp, Williams and Richardson. The case is
returnable to Court of Common Pleas.
~WLr. Jackawsy noted that the hole was caused by an excavation
ordered by Kensington Fire District and said District failed
to fill to grade a main cover. The case is not returnable to
court until July 1965.
c) Nowak vs. Town of Berlin
This case involves a M~rs. Nowak who stepped into a ditch on
Baxter Ave. in 1961. She received an snkle sprain which was
responsible for medical bills of ~180., bills for shoes and arch
supports amounting to $47. plus loss of her time at her place
of employment. The action is claimir~ $15,000. Case was re-
turnable in June 1962.
Mr. Jackaway discussed the following four zoning cases which have
been instituted in the past 4 weeks:
a) Blaise vs. ZoninE Board of Appeals
In this case Blaise wanted to make a multiple dwelling of
one family home on Worthington Ridge. Zoning Board of Appeals
turned Nlaise down. Blaise claims the Z. B. A. made mistake.
Case returnable the first Tuesday of June 1964. Blaise repre-
sented by Atty. Donald Clark.
b) Zonin~ Commission vs. Zonin8 Board of Appeals
This case involves proposed new post office in East Berlin.
Atty. A. Gree~. represents the Zoning Commission. Mr. Jack-
away was representing Mr. McCue Just after former Town Coun-
sel Dawson became Mayor of New Britain. Thus, Jackaway
couldn't represent Zoning Co..mmission. Now he is defending
and represents Z. B. A.
c) Fot~'nier vs. Zoning .Boa,rd of Appeals
This is a companion case to the case noted just above.
Fotu~nier is represented by Atty. E. Olson and this case
involves an East Berlin post office. Fournier is inter-
ested in building the post office on his own land.
d) Palladino vs. ZoninE Co~muission
Mr. Jackaway advised that Chm. Probst of the Zoning Com-
mission has advised that another case is now going against
the Zoning Commission and it just started today. Palladino
asked the Zoning Commission for a change on Chamberlain
Hwy. There were two alternatives--"a" and "b". The Zon-
ing Commission gave Palladino alternative "b" and now he
is not pleased with that and wants alternative "a".
Mr. Jackaway noted four co~panion cases challenging the validity of
the Zoning ordinance itself and all four were brought in ~ovember 1962:
a) Loretta Alling vs. Zoning Commission
This case will definitely be tried end may go to Supreme
Court said Jackaway. This involves the triangle o£ land
opposite Ferndale Dairy.
b) R. Nadeeu vs. Zoning Commission
c) Hrubiec & Grant vs. Zoni~g Commission
d) A&na Bruce vs. Zonin[~ Co~mission
Mr. Jacksway noted that these four cases were all repr~-
sented by Atty Ribicoff's office in ~artford. He fur-
ther noted that "a couple of these cases may be settled".
He charges $2%. for filing on each of the above cases, he
advised.
Mr. Jackaway discussed the following claims:
a) Claim of S. Wiecek and Buswell Metal Products vs. Town of
Berlin
Mr. Wiecek was riding in a truck which was owned by Bus-
well and was bei~g driven along Reservoir Road when it
struck an overhanging tree li~nb. Wiecek sustained per-
manent scarring of his face. The tree limb was within
highway limits. Under our statutes any person injured
must report it to the town wlt!~In 60 days. No action has
been brought as yet. If not brought by September 1964 no
action can be taken. Aetna Insurance Co. paid Wiecek
for Buswell Metal Products sn~l now Aetna wants to collect
for it.
b) DeMaio vs. Towr~ of Berlin
DeMaio is represented by Pellegrino, Pellegrino and Pelle-
gri~o. This case involves the DeMaio fa~aily injured in
an accident on ~est Peak in October 1963. The injuries
included fractures, cuts and bruises. There is a claim,
said Jack~way, b~t the !~eople were driving too fast.
The Board complimented Hr. Jackaway for !~is clear presentation of
the above cases.
~ir. Jackaway noted that under the Hartford County Bar Fee Schedule
the charge is ~12~. for filin~ at,peals and pleading, J~lO0. for pre-
paratton prior to trial, and ~200. for each day of tr{al.
exposure of fee basis is ~42~.
?~. Jackaway said it might be much better to set up the town coun-
sel job on a salary basis and set up a separate fund for claims,
perhaps to be built up over a period of years.
The Chairman asked Mr. Jackaway to investigate or look over the
town ordi~a~:c~ oz~ sidewalks. He noted that New Britain can come
back on the property owner if sidewalks are left unsanded in icy
weather etc. ~. Jackawsy said the Towr~ of Berlin can't come back
at t~-,e property owner here as most of the sidewalks are on town
property b,~t the property owner can be fined.
Chair,]an Doran advised Mr. Jackaway that this Board is interested
in knowing the backgrou~d of t~ese claims against the town which
are ~id, g~d asked if there is any reason why this Board should
not be e~titled to this information. Mr. Jackaway said there is no
reason why this Board should not have t~e informatio~. Ch~. Do,-an
explained that since these co~:rt cases are brought to this Board's
attention the Board simply wants to know what the various cases are
about.
The Board a~d Mr. Jackaway discussed the possibility of the town
obtaining public liability i~surance. Mr. Jackaway said he is in-
terested in obtaini~g figures ora this although First Sslectman
Powers has told him such insurance is prohibitive.
The Board will write the Board of Selectmen that in view of the
ready sizable financial impact..of the cases and claims should judg-
ments go against the town, and~obability that such claims may
be on the increase, this Board is concerned that a thorough explora-
tion be made of all reasonable and practical means by which the town
may achieve at least some degree of protection to help defray the
expense of the more costly judgments which conceivably might be
levied agsfnst the town. Specifically, it would be of interest to
determine what the premiu~ m~ght be for a public ~i~bility policy
which~incoroorated~a~sizable~deductible clau~e such as $1,000. or
wo~ a~for~ s~trac~ve ~rb~e~t~n aga~s~ t~e occasional large
judgments ~hich might be levied against the town.
2. Mrs. Rena Castiglioni was present to discuss end-of-the-year ~rans-
fers. She advised there ~re no funds for the following sub-accounts
in #2la, M. & O. Town Vehicles for expenses incurred in May and that
she is holding bills for these as follows:
Gas & Oil &: Grease
Parts
Contractual Services
A transfer of $1,891.22 is needed.
e5o.45
1,087.87
152.90
$1,~91.22
M_rs. Castiglioni advised that the only other necessary transfer she
can foresee right now will be for #21, Social Security, but she is
not ready to request it at this time. She thought the amount needed
might be close to ~l,000.
She noted there are three items in which there should be a surplus.
She talked with Cb~n. Probst of Zoning Commission who advised her
there will be about $1,000. surplus in #19, Zoning Commission Acct.
A s,arplus of about $3,000. will be !eft in #58, Outdoor Relief',
she noted, and although she has not yet talked with Chm. Bengston
of the Conservstion Commission, #123a, to establish exactly what
surplus there will be in that account, she esti~tes that approxi-
mately $3,000. will remain as surplus in that account.
She noted there may be some surplus in #33, Street Lightingl The
town will continue the street lighting program, she said. It is
possible the surplus in this account could amount to ~l,OO0. Also,
a surplus of $3,000. is possible in #30, Snow and Ice Removal; s
surplus of $500. in #126, Veterans Funerals, is probable, and a sur-
plus of between ~l,O00. and $2,000. is possible in #18, Insurance.
She noted that a couple of hundred dollars msy be needed for P~obate
Court to pay that bill. However, no bill has yet been received for
the Probate Court.
Mrs. Castiglioni noted that additional monies will be needed for
#22a, East Berlin Fire Dept. Also, the bookkeeper-clerk account
may be short because the Secretary will be taking her vacation and
the bookkeeper-clerk will be working for a full week when this occurs.
In the Sanitation Account, #44, there is presently about $900. bal-
ance for incinerator but there will be two more month's bills to
come in. She suggested that perhaps money will be transferred with-
in the Sanitation budget if necessary and agreeable with this Board.
The meeting adjourned at 9:30 P.M.
Respectfully submitted,
Berlin Board of Pittance
Minutes
June 17, 1964
Inreference to Co.mme. Rec'd. #2, Minutes of June 16, 1964,
in was voted to transfer $500. from #127, Conti~gency, to
#17, Mai~tenance of Town Property.
In reference to Com~s. Rec'd. #2, Minutes of June 16, 1964,
it was voted to authorize the expenditure of $445. for car-
penter and floor repairs and other repairs at the new police
headquarters from #17, Maintsnce of Town Property.