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BOARD
OF SELECTMEN MEETING
Also present: Robert D. Dixon, Treasurer Philip Miller called the meeting to order at 4:35 pm. Approval of Agenda: Motion was made by Philip Miller to approve the agenda with one addition to the agenda under New Business Item C-Renewable Energy Source Ordinance. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Approval of Minutes: Motion was made by Philip Miller to approve the April 18, 2007 Regular Meeting minutes. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Motion was made by Philip Miller to approve the May 2, 2007 Regular Meeting minutes. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Motion was made by Philip Miller to approve the May 14, 2007 Special Meeting minutes. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. It was requested that the May 18, 2007 Special Meeting minutes be placed on the next meeting agenda for approval inasmuch as Vincent Pacileo was not in attendance at that meeting. Communications
and Correspondence:
Public Comment: Philip Beckman restated his concern from the recent Town Meeting that it appeared that the construction at Viney Hill Brook Park began before the Town Meeting vote authorizing the funds. Philip Miller responded that it was a judgment call on his part for the equipment to be placed at the Park and that the Town was under no obligation. Mr. Beckman stated that wanted to be certain the Town did not face any legal issues or obligations. INFORMATIONAL ITEMS: A. Streetscape Update: Philip Miller reported that we have received the COP from the Department of Environmental Protection to finish the work. We are a little behind schedule. The tide flex valve may not be an option on Pratt Street, we are continuing with the permitting process. Vincent Pacileo reported that he had received a phone call at home requesting that there be better signage regarding men working on the project. B. Tiley Pratt Pond Group: David
Kelsey, representing the group, provided the Board with photos of the
pond indicating that the pond gets worse over the summer. It becomes
very shallow approximately 2 to 2 ½ feet depth with a maximum
of 4 ½ feet. The water warms very quickly with excess weed growth.
There is a concern that if the pond is allowed to utrify and become
a meadow, the remaining three-quarters of a mile of coves will be seriously
degraded. Mr. Kelsey stated there are two chemical solutions sonar and
rodeo that are in wide use for eradication of certain species. They
have been used for eight years in the Mill Pond and have been very effective.
They have not been able to implement that course of action because Connecticut
Water Company was not in support of it because of the downstream proximity
of the Dennison wells. Mr. Kelsey stated that they have reviewed four
different solutions to remedy:
The group is asking the Board of Selectmen for assistance in trying to put together a meeting with the Connecticut Water Company to facilitate discussion and opportunities. The group has also requested assistance from Senator Eileen Daly and Representative James Spallone. Paul Greenburg from the Essex Land Conservation Trust was in attendance at the meeting and supported this effort. It was the consensus of the Board that Mr. Miller would write a letter to the water company to hopefully facilitate a meeting of the various groups. C. Essex Housing Authority: Philip Miller reported that the project may require the services of an architect for the roof which was not originally anticipated. Mr. Miller indicated that a local architect has volunteered his services for the project. D. Viney Hill Brook Park: Philip Miller reported that the work should be completed tomorrow. He thanked the citizens for their patience while the work was completed. OLD BUSINESS: A. Traffic Authority-River Road Feedback: Motion was made by Vincent Pacileo to enter Traffic Authority. Philip Miller seconded the motion and it was unanimously approved. Motion carried. Philip Miller stated that it was a prior consensus of the Board that we seek feedback from David Caroline and the police with regard to the installation of a stop sign at Book Hill Road coming from Deep River. Attached are responses from David Caroline, Patrick Bowers and Russell Gingras. Mr. Caroline is in favor, Corporal Bowers is not-indicating that he cannot recall accidents that would precipitate the need, Officer Gingras indicates that his initial opinion is that the stop sign in that direction would be too close to the curve and a vehicle rounding the curve may not have enough time to safely come to a complete stop. An additional concern of Officer Gingras is that if a vehicle is stopped at the sign, subsequent vehicles rounding the corner would not have enough time to stop. Mr. Miller shared an email he received from citizen Jeff Rogers stating his being in favor of the additional stop sign. Vincent Pacileo indicated that it appears that the installation of one stop sign may have potentially created another problem. There was discussion regarding the various options. Mr. Pacileo stated that he would not like to create an additional problem and would like to wait for additional feedback and to have Selectman Norman Needleman present for future discussion. Mr. Pacileo requested that this issue be addressed at a future Selectmen's meeting. Motion was made by Vincent Pacileo to exit Traffic Authority. Philip Miller seconded the motion and it was unanimously approved. Motion carried. B. Ordinances: Elections Ordinance and Harbor Management Proposed Ordinance: Elections Ordinance: Philip Miller stated that the legal opinion received from David Royston suggested that the Board of Selectmen take office the first Tuesday following the date of election. State Statute provides for other Boards (Education and Finance) to take office the second Tuesday following the date of the election, however, the Annual Town Meeting is the third Monday. David had suggested that the second Tuesday would provide a new Board of Selectmen the opportunity to recommend to Town Meeting their recommendations for positions on Town Boards. The Board asked Cindy Varricchio to look into changing the effective dates of Boards and Commissions to perhaps January 1 and changing the Annual Meeting date so that the Board of Selectmen could take office the second Tuesday following the election, as other Boards (Finance & Education) do statutorily. It was determined that if this type of change was to be made, approximately 11 ordinances would have to be changed for various Boards and Commissions. Perhaps the best course of action would be to modify the one ordinance for the Selectmen providing for the first Tuesday following the election as recommended by David Royston. It was the consensus of the Board to recommend an ordinance change providing for taking office the first Tuesday following the election. Motion was made by Vincent Pacileo forward to Public Hearing on July 18, 2007 the following Ordinance: AN
ORDINANCE REGARDING COMMENCEMENT DATE RESOLVED:
That pursuant to Connecticut General Statutes Section 9-187a, commencing
with the municipal election to be held in November 2007, the term of
office of the First Selectman and the two Selectmen duly elected at
municipal election shall commence on the first Tuesday next following
the date said officials are elected; and Philip Miller seconded the motion and it was unanimously approved. Motion carried. Harbor Management Proposed Ordinance: The Board received a copy of the proposed amendment to the Harbor Management Commission Ordinance regarding the storage of vessels at public access points. It was the consensus of the Board that they receive a written recommendation of the proposal from the Harbor Management Commission as well as assurance that the Ordinance had been reviewed with the Town Clerk with regard to the proposed requirements for that office. Communication will be used to the Commission asking for that information. Philip Miller read correspondence from Attorney David Royston into the record regarding a Renewable Energy Source Ordinance:
There was discussion regarding a potential revenue impact. Treasurer Robert Dixon did not believe there would be one. Vincent Pacileo stated that the Assembly is still in session and they may be addressing it. Mr. Miller stated his support of the ordinance. It was the consensus of the Board to wait to see if the Assembly acts on it and if not to move forward from there NEW BUSINESS: A. Planning Commission Budget Transfer Request: Treasurer Robert Dixon reviewed a request by the Planning Commission to transfer funds in the 2006-2007 budget from Planning Services/Traffic Study to Planning Services/Miscellaneous to provide the Commission the opportunity to utilize additional Planning Services probably from CRERPA. The Board of Finance has the authority to "transfer unexpended balances from one appropriation to another. No appropriation may be used for any other purpose without approval of the Board of Finance." The purpose for the Board of Selectmen is to acknowledge the approval of the transfer and to recommend to the Board of Finance said transfer. Motion was made Philip Miller to recommend to the Board of Finance the transfer of $16,000 from Planning Services/Traffic Study (10411-503275-377) to Planning Services/Miscellaneous (10411-503275- 379). Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. B. Sinking Fund Transfer Request: Treasurer Robert Dixon informed the Board that when the 2006-2007 budget was prepared, the Capital budget provided for Municipal Property improvements of $30,000 for Septic Lagoon Closure (an anticipated $90,000 project with a three-year plan for saving) and $30,000 to cap the higher end of the Landfill and relocate brush and chipping to that space. The 2007-2008 budget acknowledges that the work will not necessarily be completed in one year and has categorized the work as a "Sinking Fund". In order to not have the funds revert back to the General Fund, the funds should be transferred to Sinking Fund status, especially for audit purposes. As stated with the Planning Commission transfer the Board of Finance has the authority to "transfer unexpended balances from one appropriation to another. No appropriation may be used for any other purpose without approval of the Board of Finance." The purpose for the Board of Selectmen is to acknowledge the approval of the transfer and to recommend to the Board of Finance said transfer. Motion was made by Philip Miller to recommend to the Board of Finance the transfer of $30,000 from Municipal Property Improvements/Septic Lagoon Closure (10496-508800-895) to Sinking Fund Allocations/Septic Lagoon Closure (10496-508350-895) and the transfer of $30,000 from Municipal Property Improvements/Landfill (10496-508800-897) to Sinking Fund Allocations/Landfill (10496-508350-897). Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. C. Job Descriptions-Revised: Treasurer Robert Dixon reported that the approved 2007-2008 Budget approved at the Town Meeting provides for the transition from non-exempt to exempt for the Assistant to the Treasurer/Deputy Treasurer and Assistant to the Board of Selectmen. The change to the positions is from non-exempt to exempt. Each position will have managerial, decision-making and judgment responsibilities. The new position titles are Accounting Manager/Deputy Treasurer and Administrative Manager. The calculation of their wages for the new fiscal year is based upon their current wages with the overtime built in. The net overall wage increase is 1%. Mr. Dixon stated that they are both outstanding professionals. Vincent Pacileo stated that the key to an exempt employee is discretion, judgment and independence and that as long as Mr. Miller and Mr. Dixon agree that this criteria is met he is in agreement and willing to endorse. Motion was made by Philip Miller to approve the Position Descriptions for Accounting Manager/Deputy Treasurer and Administrative Manager. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. D. 2007-2008 Non Union Wage Rate Approval: Treasurer Robert Dixon reported that the wage increase was part of the approved budget. The wage increase is 4% this year. It is a formality for the Board to approve on an annual basis. Motion was made by Philip Miller to approve the 2007-2008 Non Union Wage Rates. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Philip Miller reported that this endorsement is done by the Board each year and enables Tax Collector Nancy Stadalnik to issue tax bills. Motion was made by Philip Miller to endorse the mill rate of 16.9 and to sign the appropriate documentation. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. F. Certified Resolution for State Police Resident State Trooper Contract: Philip Miller informed the Board that a Resolution needs to be completed to authorize him to sign the two year contract for Resident State Trooper Services. Motion was made by Vincent Pacileo to approve the following resolution: RESOLVED: That Philip J. Miller, the First Selectman be and herewith authorized to execute a contract on behalf of the Town of Essex with the Connecticut Department of Public Safety, Division of State Police for the services of one (1) Resident State Trooper for the period of July 1, 2007 to June 30, 2009. Philip Miller seconded the motion and it was unanimously approved. Motion carried. G. Tree Committee Sinking Fund Request: Tree Warden August Pampel requested that the Board of Selectmen recommend to the Board of Finance the appropriation of $870 from the Tree Committee Sinking Fund for tree work that is being done. Motion was made by Philip Miller to recommend to the Board of Finance an appropriation not to exceed $870 from the Tree Committee Sinking Fund. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Philip Miller reported to the Board that he also had requested Mr. Pampel to evaluate the trees surrounding Town Hall. Mr. Miller stated that if there is a level two or three hurricane, the Town Hall would become the nerve center and that he wanted to take preventive measures to avoid tree damage at Town Hall. The total cost to do the work of removal and pruning is $6,000. Vincent Pacileo inquired if the neighbors had been contacted that might benefit from tree shade. Mr. Pampel answered there is a process he must follow for tree removal including posting a notice for 10 days and that if there is opposition to the removal of any particular tree he must hold a hearing. There was discussion on how to pay for this unbudgeted item. It was the consensus of the Board of recommend to the Board of Finance for any year end funding opportunities. Motion was made by Vincent Pacileo to recommend to the Board of Finance and appropriation not to exceed $6,000 for the necessary pruning and removal of trees surrounding Town Hall. Philip Miller seconded the motion and it was unanimously approved. Motion carried. H. Appointments and Resignations-Boards and Commissions: Motion was made by Philip Miller to accept the resignation of Edna Appleby from the Essex Housing Authority with regret. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Motion was made by Philip Miller to accept the resignation of Donald Mesite from the Park and Recreation Commission with regret. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Philip Miller reported to the Board that he had appointed Rosemary Willis to the Essex Housing Authority. Mr. Miller stated that he was not ready to move on the appointment of Neil Nichols as an alternate to the Planning Commission. Mr. Miller stated that the recommendation did not come from the Republican Town Committee Chairman. Mr. Miller stated that he wants assurance that politics would not come into play with this appointment. Vincent Pacileo stated that he was not quite certain of the basis of Mr. Miller's concern. Mr. Miller responded that one of his concerns related to letters to the editor. Mr. Pacileo asked if letters to the editor would now become a determining factor. Mr. Miller stated that the letters contained charges that were not sustained and that he does not want political discourse with our land use commissions. Mr. Pacileo stated that when it was agreed on how to fill Planning Commission vacancies, it was to have recommendations come from the Town Committees. Mr. Pacileo stated that the Republican Town Committee had acted in accordance with that and if Mr. Miller had an objection to that process it should have been stated previously and by making objections now Mr. Miller has made the process political. Mr. Miller stated that the recommendation did not come directly from the Nominating Committee which is the preferred protocol. Mr. Pacileo stated that he is a member of the Republican Nominating Committee and an elected official and that the Nominating Committee voted to endorse Mr. Nichols to the Planning Commission. Mr. Miller stated that he is somewhat loathe to put Mr. Nichols on the Commission and would need to receive a statement from Mr. Nichols that he will not politicize the position. Mr. Pacileo asked that the item be placed on the special meeting agenda for June 25 for Mr. Miller and Mr. Nichols to meet face to face. Mr. Pacileo asked if Mr. Nichols meets Mr. Miller's terms will he support the nomination. Mr. Miller stated that he would. Mr. Miller reported that the Planning Commission has recommended Claire Tiernan as their representative to the Inland Wetlands Commission. This appointment requires a Town Meeting. Motion was made by Philip Miller to appoint Claire Tiernan to the Inland Wetlands Commission as the Planning Commission representative. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. I. Neighborhood Assistance Act, Connecticut River Museum-Set Public Hearing Date: Philip Miller indicated that this is an annual process for the River Museum. Motion was made by Philip Miller to set a public hearing June 25, 2007 at 5:45 pm for the purpose of the Connecticut River Museum Neighborhood Assistance Act application. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. J. Set Town Meeting Date: Motion was made by Vincent Pacileo to set a Town Meeting for June 25, 2007 at 5:55 pm for the purpose of the appointment of Claire Tiernan as the Planning Commission representative to Inland Wetlands. Philip Miller seconded the motion and it was unanimously approved. Motion carried. K. Traffic Authority, North Main Street: Motion was made by Vincent Pacileo to enter Traffic Authority. Philip Miller seconded the motion and it was unanimously approved. Motion carried. Philip Miller reported that he had received a letter from members of the Essex Art Association requesting a crosswalk. Vincent Pacileo requested that we follow the same practice as we have in the past and look for consistencies. This request will be forward to the police and public works for their feedback and will be placed on a future agenda. Motion was made by Vincent Pacileo to exit Traffic Authority. Philip Miller seconded the motion and it was unanimously approved. Motion carried. L. Essex Historical Society, Architectural Review Board Request: Eve Potts, representing the Historical Society, stated that the Historical Society would like the Board of Selectmen to consider establishing a Village District Ordinance. Ms. Potts reviewed correspondence sent to the Board from the Historical Society:
At a public program sponsored by the Essex Historical Society on April 11, there was general agreement from the public that Essex must address the need to protect the historic character of the town. In our study of this need, we have met on two occasions with Marian Staye and gotten her invaluable input on the possibility of establishing a Village District ordinance. We have done a study of the number of applications that have come before the Commission on the properties shown on these two maps and find that a total of seven properties have come before the Zoning Board of Appeals in the last two years. One was the Connecticut River Museum, two involved use of properties on Cross Street by the church, one was on Bank Lane (Richardson), and three (Reid, Boulanger and Prato) involved properties on North Main Street. Therefore, it is our conclusion that the addition of a Village District ordinance would not place an undue burden on the present staff. Ron Noe has offered to help establish an Advisory Architectural Design Review Board which would be voluntary, thereby not committing the town to any additional expense. The flurry of development that has brought enormous changes to many neighborhoods as developers have demolished older homes to make way for new construction, most notably in Fairfield County, is a call to Essex to do something now to protect itself from this fate." Ron Noe stated that there are a lot of volunteers that would like to participate in this process. It was revised that the next step would be through the Zoning Commission. Philip Miller stated that he likes the idea, indicating that he has spoken with several people including Historian Donald Malcarne who informed him that we have lost seven historical properties since 1991. Vincent Pacileo asked if the scope of a review Board would be advisory. It was clarified that the enforcement would lie with Zoning. There was discussion with regard to forwarding the Ordinance information to Attorneys Royston and Sipples. M. Permit Fee Waiver-Hot Steamed Jazz Festival: Motion was made by Vincent Pacileo to waive the Tent Permit Fee for the Hot Steamed Jazz Festival scheduled for June 22, 23 and 24, 2007. Philip Miller seconded the motion and it was unanimously approved. Motion was made by Vincent Pacileo to approve the Banner Request for the Essex Elementary School from June 4, 2007 to June 11, 2007 and the Banner Request for the Essex Garden Club for the May Market from April 21, 2008 to May 12, 2008. Philip Miller seconded the motion and it was unanimously approved. SELECTMEN GENERAL DISCUSSION: None Motion was made by Vincent Pacileo to recess regular session. Philip Miller seconded the motion and it was unanimously approved. Motion carried. Respectfully submitted, Cindy
Varricchio EXECUTIVE SESSION Motion was made by Vincent Pacileo to enter executive session for the purpose of Land Acquisition. Philip Miller seconded the motion and it was unanimously approved. Motion carried. Present: Philip J. Miller, Vincent A. Pacileo, III Invited
Guests: Representatives from Essex Land Conservation Trust Motion was made by Philip Miller to return to Regular Session at 6:40 pm. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Motion was made by Philip Miller to adjourn at 6:40 pm. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried. Respectfully submitted, Philip
J. Miller |
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