BOARD OF SELECTMEN MEETING
MINUTES
February 21, 2007

Present: Philip J. Miller, First Selectman
Vincent A. Pacileo, III, Selectman

Philip Miller called the meeting to order at 5:35 pm.

Approval of the Minutes:

Motion was made by Vincent Pacileo to approve the January 17, 2007 regular meeting minutes. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Communications and Correspondence: None

Public Comment: None

OLD BUSINESS:

A. Employee Position Descriptions:

Philip Miller reported that the position descriptions for approval today, Zoning Enforcement Officer and Recording Secretary Zoning Commission had been given to the Selectmen at the last meeting for their review and that an additional description was given to them today for Police Officer.

Motion was made by Vincent Pacileo to approve the following position descriptions: Zoning Enforcement Officer and Recording Secretary Zoning Commission. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

B. Viney Hill Brook Park Remediation:

Philip Miller reported that he does not have a firm cost for the remediation at this time. We are awaiting information from Dick Gates. Mr. Miller hopes to have the information by the March 7, 2007 Board meeting to then forward to the Board of Finance for their March 15, 2007 meeting.

C. Resolution -Sapia and Morris Properties:

Philip Miller reported that in follow-up to the lost litigation regarding the New City Street, a resolution has been prepared stating that the Essex Board of Selectmen disclaim any legal title to the properties of Salvatore and Marie Sapia and Jonathan Morris.

Motion was made by Vincent Pacileo to approve the following resolution. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

RESOLUTION
Whereas, in the case of Town of Essex v. Serge J. Doyen and Patricia A. Burd, Docket No. MMX CV 02 0098622S, the jury found that the Town of Essex had no legal title in the Doyen property as claimed by the Town in its Complaint. The Town's claim to legal title was based upon a quitclaim deed from Ebenezer Hayden to Samuel Hart, Joel Pratt and Abner Kirtland and John Platt, Selectmen dated May 31, 1803 and recorded in Saybrook Land Records (now Deep River) volume 12, page 549; and
Whereas, that Judgment was not appealed by the Town of Essex; and
Whereas, that Judgment would be applicable to any claim the Town might have to property of Salvatore and Marie Sapia known as 1 Willow Point and property of Jonathan Morris known as Willow Point.
NOW THEREFORE, the Essex Board of Selectmen does hereby disclaim any legal title to the property of Salvatore and Marie Sapia known as 1 Willow Point and property of Jonathan Morris known as Willow Point, by virtue of said Judgment.
This disclaimer does not apply to a drainage easement over land of the said Salvatore and Marie Sapia by virtue of an easement recorded in Essex Land Records, volume 52, page 143.
THE TOWN OF ESSEX
By: Philip J. Miller, First Selectman
Norman M. Needleman, Selectman
Vincent A. Pacileo, III, Selectman

NEW BUSINESS:

A. Traffic Authority:

Motion was made by Vincent Pacileo to enter Traffic Authority. Philip Miller seconded the motion and it was unanimously approved.

Philip Miller reported that he had received correspondence regarding the Ivoryton Main Street crosswalks. The resident, Mike Dean, stated that he was traveling East bound on Main Street in Ivoryton just in front of the Library. On his right was parked a white van belonging to the oil company in front of the marked crosswalk. All of a sudden a woman coming from the Library walked out from behind the van in the crosswalk. It was fortunate that the woman was not struck by the car. Mr. Dean inquired about clear markings and the State statute for 25 feet. Mr. Miller asked the Board members to drive down Walnut Street through Ivoryton to assess the situation. Vincent Pacileo stated that perhaps the issue is the two crosswalks and that maybe it should be taken down to just one.

Mr. Pacileo inquired as to feedback on the Bushy Hill Road stop sign. Mr. Miller replied that he has received very positive feedback indicating that the addition of the second stop sign ahead signage as been beneficial.

Mr. Miller indicated that there is an issue with the head of Essex Main Street with regard to the rotary. The rotary has the right of way, but that is not always clear to traffic coming from West Avenue which has the tendency to "whip" around the corner. Mr. Miller suggested that they investigate a yield sign. Mr. Pacileo stated that he wanted to be certain that there is not too much signage. Mr. Miller asked that the Board drive through to access this situation as well.

Motion was made by Philip Miller to exit Traffic Authority. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

B. New Voting Equipment Storage:

Philip Miller read into the record a memo from Town Clerk Frances Nolin regarding the storage of the new voting equipment:

"The State has informed us that the required storage for the new optical scan voting equipment is 5 feet by 14 feet with appropriate shelving; lower storage must be a minimum of 4 inches above the floor. This needs to be a locked area.

My suggestion for the storage area would be a section of the kitchen. We have measured this area and find that this is the best place. The floor is already in place as well as lighting; the only thing with the ceiling lighting is that it will need to be turned around. A telephone jack will need to be relocated. My cost for the estimate for the completion of the work is approximately $3,500.

The cost for all for all of the above is not in my budget and I would need additional funding.

Thank you for you consideration into this matter."

Motion was made by Vincent Pacileo to recommend an amount not to exceed $3,500 for the unanticipated cost of voting equipment storage. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

C. Central Regional Tourism District Representative Appointment:

Philip Miller reported that Lee Thompson has been serving in as the Essex representative to the Central Regional Tourism District however, they do not have an appointment letter on file.

Motion was made by Vincent Pacileo to appoint Lee Thompson as the representative for Essex to the Central Regional Tourism District for the term January 1, 2007 to January 1, 2008. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

D. Building Permit Fee Waiver-Town Garage Improvements and Essex Housing Authority:

Philip Miller indicated that the Board of Selectmen needs to vote on the waiver of permit fees only for improvements at the Town Garage and the upcoming renovations at Essex Court which is standard protocol for Town and/or non-profit improvements.

Motion was made by Vincent Pacileo to waive the building permit fees only for the improvements at the Town Garage and the upcoming renovations at Essex Court. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

E. Certified Resolution Flexible Spending Account:

Philip Miller reported that in June 2006 we changed the Flexible Spending maximum to $2,000 per person however, we did not make the necessary plan modifications. This resolution provides that we have made on amendment to the plan and that each employee has or will be notified of the adoption of the amendment, and that the board approves the amendments.

Motion was made by Vincent Pacileo to approve the following resolution. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

ADOPTING RESOLUTION

The undersigned Principal of the Town of Essex (the Employer) hereby certifies that the following resolutions were duly adopted by the Employer on February 21, 2007, and that such resolutions have not been modified or rescinded as of the date hereof:
RESOLVED, that Amendment Number ONE to the Flexible Spending Account Plan effective July 1, 2006, presented to this meeting is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment.
RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of this Amendment Number ONE to the Flexible Spending Account Plan by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description-Material Modification presented to this meeting, which form is hereby approved.
The undersigned further certifies that attached hereto as Exhibits A and B respectively, are true copies of Amendment Number ONE to Town of Essex Cafeteria Plan with Flexible Spending Options and Summary Plan Description-Material Modifications approved and adopted in the foregoing resolution.

F. Proclamation Girl Scout Week:

Philip Miller reported that the 95th Birthday of Girl Scouting is March 12, 2007. We have been requested by the Connecticut Trails Council to issue a proclamation and present it to our area girl scouts. If the Board wishes, we can contact the Council and schedule a time for the presentation of the proclamation to the area scouts. Mr. Miller also reported that he hopes to have the Spring issue of Essex Events a celebration of the 50 years of Essex cub scouting and he would like to include as much scouting information as possible. We will contact the Council to arrange a time for a proclamation presentation.

G. Banner Requests:

Motion was made by Vincent Pacileo to approve the Banner Request from the First Baptist Church for their annual craft fair from August 6, 2007 to August 20, 2007 contingent upon complete approval from the Park and Recreation Commission for use of the Town Green. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Motion was made by Vincent Pacileo to approve the Banner Request from the Essex Art Association for their Art of the Community event from August 20, 2007 to September 17, 2007. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

BUDGET DISCUSSIONS:

A. Essex Fire Department:

Essex Fire Department Chief Paul Fazzino and Dennis Giroux provided the Board with an overview of their budget request. The Fire Department has been requested by Philip Miller to provide a breakdown of their annual expenditures including energy and maintenance costs as well as detailed training information. A copy of their information is included as part of these minutes.

There was discussion regarding the Fire Department becoming part of the oil consortium that the Town, Schools and Essex Library participate in. Steve Olsen indicated that he had contacted East River and that they were eligible for the discounted cost. Mr. Miller asked the Fire Department to consider using B-20 for use in their diesel engines. They will investigate with the manufacturers. Mr. Miller informed them that they could purchase B-20 at State pricing through East River. Both the oil and diesel can be purchased at a substantial discount of their current pricing. With the consideration of the reduced price in heating oil the Fire Department indicated that their budget request could be reduced by $2,500. Doug Harreys reviewed the projected training for the 2007-2008 fiscal year. Andy Kressley asked that after the budget process was over if the Fire Department and Boards of Finance and Selectmen could meet to review their new 10 Year Plan.

Motion was made by Vincent Pacileo to adjourn at 6:58 pm. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Respectfully submitted,

Cindy Varricchio
Board Clerk