BOARD OF SELECTMEN MEETING
July 18, 2007

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

Philip Miller called the meeting to order at 6:07 pm.

Approval of Minutes:

Motion was made by Vincent Pacileo to approve the June 25, 2007 Special Meeting minutes. Norman Needleman seconded the motion and it was unanimously approved. Motion carried.

Communications and Correspondence:

Philip Miller read a thank you card from the Cast and Crew of The Genre Project, the new Indiana Jones movie which filmed in Essex on July 5th.

Mr. Miller read into the record two letters:

The first from H. Scott Kirkpatrick, 111 North Main Street, P.O. Box 399, Essex, dated July 7, 2007:

Dear Phil,

Both Leslie and I would like to thank you for your assistance and advice regarding our most recent land transaction. Over the last year we had our attorneys research many of our town's historical land records and documents. After numerous discussions with various Town Officials, and a Certified Land Surveyor we feel that it would be in the public's interest that the Town of Essex should review the ownership of what we believe, as land owned by the Town of Essex.

Please consider this Letter as a Formal Request of the Town of Essex to review the ownership of the property known as Mill Road.

Time is very much of the essence because this road, which runs from North Main Street to The Falls River, is currently advertised for sale by an adjacent property owner.

We are not questioning our rights to use Mill Road as an access to our properties. There is deeded history allowing access and historical evidence of such use.

Our neighbor, Walter L. & Nancy S. Schieferdecker use 13 Mill Road as their legal address and is noted so in the Tax Records. Our neighbor to the south uses Mill Road as access to his garage and rear door. We use Mill Road to access our garage and the gates to our rear lot.

Mill Road has a major historical importance to our town and to the many industries that were adjacent to this road and used it exclusive for their business. A major portion of The Oliver Cromwell was built at the base of this road.

Our Town Historian has research that would shed light on the questioning of the ownership of Mill Road. Several Attorneys in our town have also researched the ownership of this road.

We would ask the town to publish their findings with regards to our request and to deny any sale of Mill Road until there has been a full investigation.

Sincerely,
Scott Kirkpatrick

The second from Rob Shickel, P.O. Box 846, Essex, dated July 18, 2007:

Dear Phil,

Thank you for our phone conversation yesterday. I understand that at the up coming Board of Selectman's meeting you are obliged to read into the record the above referenced letter of Kirkpatrick. With regard to the Kirkpatrick letter, I wish to be clear about my response at this time:

1. I have had a professional re-evaluation, aka title search, performed of the title to my Mill Road property. The re-evaluation has confirmed my ownership of the entire parcel, including the portion known as Mill Road. Further, even Kirkpatrick's surveyor and the survey submitted to the Town of Essex, dated 3-21-2002, have also validated my fee ownership of Mill Road. Thus, I regard the allegations of Mr. Kirkpatrick's as naive, malicious and venomous speculation.

2. Because Mr. Kirkpatrick's letter and actions appear to cross the line in several areas, such as intent to publicly slander and libel my title, conspiracy and willful intervention into a private transaction to which he is not a party, I have engaged legal counsel to determine an appropriate action. Legal counsel is comprised of a real estate attorney specializing in matters of title and a real estate litigator. At this time these resources are focused only on Mr. Kirkpatrick.

With the exception of Mr. Kirkpatrick, I intend to allow the matter to pass in anticipation that neither the Town of Essex nor others will engage as advocated in the Kirkpatrick letter.

Rob Shickel

Rob Shickel was in attendance at the meeting. There was discussion with regard to the property and Mill Road. Norman Needleman stated that he would like to ask Town Counsel David Royston to review the situation. Mr. Shickel stated that the title search is quite complex rather than abstract and offered the assistance of his wife Valerie who is a title searcher to review with Attorney Royston. Mr. Needleman thanked Mr. Shickel for the offer, but was concerned that there would be a conflict in this situation. Mr. Shickel stated that the information requires explanation. Mr. Miller suggested that we begin with Attorney Royston's review and if clarification is required he will seek it out. Vincent Pacileo would like clarification as to the role of the Town with regard to the property and Mill Road.

Public Comment:

Jane Piro, Ron Noe, Jennifer Grant and Deb Weinstein from the Essex Historical Society were present. They would like to get the support of the Board of Selectmen for the concept of a Village District. The Historical Society would like to have the Board of Selectmen write a letter of support to the Zoning Commission. Norman Needleman stated that he did not realize that there would be a discussion with regard to the Village District tonight and asked that it be an agenda item for the August 1st meeting. There was discussion with regard to the responsibilities of a review board/committee if a Village District were to be implemented.

INFORMATIONAL ITEMS:

Philip Miller clarified, at the request of Treasurer Robert Dixon that The Hartford Courant article stated improperly the difference between the bonding and the authorization was contingencies rather than reimbursement from the state.

Mr. Miller informed the Board that this is the third season of the pumpout boat and the program is going well. Essex and Old Saybrook are the largest participating Towns in the program.

OLD BUSINESS:

A. Harbor Management Proposed Ordinance:

Philip Miller read into the record an email from the Jeffrey Going the Chairman of the Harbor Management Commission.

"The HMC reviewed and accepted the proposed ordinance for identify canoes, kayaks and boats at public access points at the May meeting.

I spoke with Fran Nolin and there appears to be no problems with her office handling the registrations.

The Chandlery uses similar numbered labels for identifying permitted parkers in their car lots and acquires them from Quality Nameplate.

Lets go for it."

There was discussion regarding the procedural aspects of implementing. Town Clerk Frances Nolin stated that she would like further clarification and information before the Selectmen move forward. Mrs. Nolin would like a clear procedure as to the issuing of the permits and the processing of the funds by her office.

NEW BUSINESS:

A. Streetcut-Right of Way Permit Application:

Philip Miller reported that Jack Spangler would like to, at his own expense, redesign the pavement area around the silent policeman. There was discussion with regard to the materials and ensuring that the design would not be damaged by snow plows. Jack Spangler and his contractor James Lynch were in attendance to answer questions. There was also discussion that this is an aesthetic change that would not require a permitting process, in addition it is town property and it would not be appropriate for Mr. Spangler to be issued the permit. It was the consensus that David Caroline and Mr. Lynch get together to review.

B. Traffic Authority:

Motion was made by Norman Needleman to enter Traffic Authority. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

St. John's Church: Richard Lammlin, a representative of the Church requested authorization for a dumpster to be placed on the street for construction for a couple of weeks. There was discussion with regard to taping off the area to be utilized for the dumpster and construction and the redirect of foot traffic. Philip Miller will issue a letter to the church authorizing.

Lynn Road: Philip Miller read into the record two letters:

The first from Deborah and Henry Van Wyngaarden
Dear Board of Selectman:
We are writing to you with our concerns regarding the safety on Lynn Road and its adjacent streets. The "pull out and pray" slogan the residents now use is, to be honest, sad.

When Lynn Road was reengineered in 1995, many of us knew that meant increased traffic volume as it would be a cut through for those getting to Westbrook, Clinton, and I-95. At that time we were concerned with the sightlines, dips, hills, sharp corners, etc. With several unreported accidents in which the drivers fixed the broken stone walls or repaired picket fences, we all knew the road was sometimes hard to negotiate, especially for those not living in the area. We really thought that after the tragic death of Eric last year, along with the recent charge of vehicular manslaughter for the teen driver, something would be done regarding safety issues on Lynn Road. Both of these family's lives will forever be impacted from this tragedy. Let's not forget also, the impact it had on the Lynn Road residents who came to the aid of the 4 teenagers just after the accident occurred.
The demographics have changed on Lynn Road as well. We've seen many new families with young children moving into this area. It used to be that at any given time of day, you would see folks walking their pets, pushing a stroller, or riding their bikes or scooters. Now, many parents are reluctant to allow their children to ride their bikes or even walk down to their friend's house. On occasion, you'll hear my 12 year old yelling at folks driving too fast down and up the road when he's playing ball in the front year with friends. He and his friends try to use their pitching speed gun to catch the speed. Also, on a clear night, you hear engines revving at Rachel Lane and then speeding up Lynn Road.

Just drive by during bus pick-up and you can see the amount of kids waiting along Lynn Road to be picked up. Kids have jumped out of the way walking to their bus stops because of the speeds of vehicles and blind corners which obstruct a driver's view of walkers coming upon them. The most famous corner is the one at Winthrop Hills Road.

Throughout the years, many residents have complained, either to the Selectman's Office or Police. We are not going to finger point, but it's now time for both the town and the resident's of Lynn Road and adjacent side roads to step up and work together on the safety issues of the Lynn Road. I know if we work together we can come up with a plan that will work for all of us.

We thank you for your time and consideration.

The second from Patricia Ruthstrom

Dear Mr. Miller, Mr. Needleman, and Mr. Pacileo,

I have been a resident of Lynn Road since May 1991 and have seen the incredible increase in the traffic on this road. I live directly across from Deer Lane and my house is a school bus stop for all 3 schools.

I am in constant amazement at the number of cars that travel up and down this street at all hours of the day and night. The speeds are often in excess of the posted limit. I worry most about the number of school age children that live in this neighborhood and its surrounding streets. Many of the cars turn onto Deer Lane and I worry that if any of the children (especially my own) are biking or walking in that immediate area they might be hit. The cars have no stop sign and turn quickly onto that street and would have great difficulty stopping in time if any children were to be there. I would welcome a stop sign at that intersection, as well as either Winthrop Hills or Rachel Lane. It may prevent another tragedy like we saw last year in this heavily populated section of Ivoryton.

I would also like to comment that many of us enjoy walking around our neighborhood as well and there are no sidewalks available for us to use so we must walk in the street. It would be safer for all of us who live, work and play here to have a safer area to do so in. I appreciate your taking the time to read this and any attention it brings to our concerns.

Mr. Miller informed the Lynn Road residents in attendance that the police have been doing enforcement and that often when there are complaints in an area with regard to speeding the offenders are not necessarily outsiders but the residents themselves. Mr. Miller further indicated that stop signs cannot be installed as a speed deterrent, but rather to address site line issues.

Jason Wilcox stated that this is a passage way that is used by a lot of people citing Westbrook school buses.

Eric Dahl thanked the Selectmen and Deb Van Wyngaarden's efforts to have the issue on the agenda. Mr. Dahl stated that there are a number of concerned residents and the perception is that the Town has not responded to their needs.

Gregory Cassells asked if expert knowledge could be used to evaluate the situation with a longer term approach and more permanent solution.

Tor Hepburn expressed his concern for the safety of residents trying to get out of their driveways because the traffic moves so fast.

John Strano stated his agreement that stop signs are not speed deterrents. Mr. Strano suggested we look at speed bumps/humps as are used in Norwalk which can be permanent and can be plowed.

Norman Needleman stated that he liked the idea of a traffic study but expressed his concern that speed bumps on Town roads may not be legal. Mr. Needleman stated that we have two new officers at the academy and we will be up to full force shortly.

Tony Ritch shared a New Haven Register article and photo with the Board that shows speed bumps being installed in New Haven.

Iris Silberburg stated that when she and her husband first moved here there was not as much traffic with the speed as there is now.

Many of the neighbors indicated that they have sustained damage to their fences and stone walls from speeding vehicles.

Pam Murphy stated that she would like to see a stop sign installed.

Mr. Miller informed the citizens he will request of our Resident State Trooper, our local officers and Public Works to provide an evaluation of the situation from their professional perspective.

Vincent Pacileo stated that installing stops signs is less of a financial investment. Mr. Pacileo looks forward to the evaluation of our Police and Public Works. Mr. Pacileo would like to be certain we achieve the optimal results. Mr. Pacileo stated that we are trying to change behavior, and stops signs may be an opportunity to at least slow down the traffic.

It was the consensus that this issue will be revisited in September sometime. Mr. Miller thanked the residents for attending the meeting.

Essex Art Association: Philip Miller reported that this was discussed at prior Board meetings with regard to the painted installation of a crosswalk on North Main Street at the Essex Art Association location.

Motion was made by Vincent Pacileo to install a painted crosswalk on North Main Street at the Essex Art Association location. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

West Avenue: Town Clerk Frances Nolin requested that a painted crosswalk be installed on West Avenue in front of Town Hall. Mrs. Nolin indicated that many people doing business at Town Hall park across the street and a crosswalk would provide for a safer crossing. Mr. Miller will ask David Caroline to conduct an evaluation.

Motion was made by Norman Needleman to exit Traffic Authority. Norman Needleman seconded the motion and it was unanimously approved. Motion carried.

C. Banner Requests:

Motion was made by Vincent Pacileo to approve the Ivoryton Playhouse banner request from July 9, 2007 to July 16, 2007 on the front side and from August 6, 2007 to September 7, 2007 on the backside and the Essex PTO Playground Committee Golf Tournament banner from September 17, 2007 to October 22, 2007. Norman Needleman seconded the motion and it was unanimously approved. Motion carried.

D. Harbor Configuration Plan:

Douglas Domenie of the Brewer Dauntless Shipyard (BDS) presented to the Board a proposal he had made to the Harbor Management Commission which proposes that BDS and the Harbor Management Commission enter into an agreement that provides for BDS to add two fingers to the north side of their northern most dock at the easterly end (a copy of the proposal is attached to these minutes). It is Mr. Domenie's understanding that the Harbor Management Commission cannot enter into such an agreement, it would have be an agreement between BDS and the Board of Selectmen. Mr. Domenie stated that this is a unique proposal because it has the opportunity to provide the Town with approximately $40,000 in revenue over a five year period. Norman Needleman asked if the Town would share risk as well as revenues. Mr. Domenie answered that the Town would not share the risk. Both Mr. Needleman and Vincent Pacileo stated that they agree with the proposal in principal. Mr. Needleman suggested that as we move forward, and provided there is a recommendation from the Harbor Management Commission, we should hold a public hearing. Mr. Miller thanked Mr. Domenie for his patience with the process.

SELECTMEN GENERAL DISCUSSION:

Philip Miller informed the Board that we keeping most commitments with regard to Park and Recreation and Social Services in light of the ongoing transition. There was discussion with regard to how the position will be formatted before the replacement hiring is done. There was a consensus to have a joint meeting with Park and Recreation to review opportunities and concerns.

Motion was made by Norman Needleman to recess regular session at 8:45 pm. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

Respectfully submitted,

Cindy Varricchio
Board Clerk

EXECUTIVE SESSION

Motion was made by Philip Miller to enter executive session for the purpose of Land Acquisition. Norman Needleman seconded the motion and it was unanimously approved. Motion carried.

Present: Philip J. Miller, Norman M. Needleman, Vincent A. Pacileo, III

Invited Guest: Jennifer Grant

Motion was made by Norman Needleman to return to Regular Session at 8:47 pm. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

Land Acquisition:

Motion was made by Norman Needleman to recommend to the Board of Finance the acquisition of land known as the Platt Property utilizing Open Space Sinking Funds in the amount of $70,000. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

Motion was made by Vincent Pacileo to adjourn at 8:48 pm. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Respectfully submitted,

Philip J. Miller
First Selectman