BOARD OF SELECTMEN MEETING
MINUTES
March 21, 2007

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

Philip Miller called the meeting to order at 7:05 pm.

Approval of Agenda

Motion was made by Philip Miller to approve the agenda with the addition of Old Business-Item E Voting Machine Storage. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

Approval of Minutes

Motion was made by Norman Needleman to approve the February 28, 2007 Budget Workshop and Special Meeting Minutes. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Motion was made by Norman Needleman to approve the March 7, 2007 Regular Meeting Minutes. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

Communications and Correspondence: None

Philip Miller shared with the Board the following:

• Correspondence from the Community Renewal Team detailing the number of Essex residents it serves. It should be noted that we fund them at $1,500 per year in our Social Services budget and residents of Essex, 80 in total, receive over $40,000 per year in assistance.
• Memo from the Zoning Commission to the Board of Finance indicating that they anticipate exceeding their budgeted legal costs by approximately $8,500. It should be noted that Treasurer Bob Dixon is optimistic that amount can be offset by other legal budgets that have not been utilized.
• Memo from the Planning Commission with a budget amendment request. The request came after the Board voted on their budget and was forwarded to the Board of Finance.

Public Comment: None

Swearing in of New Police Officer Trainee:

Philip Miller stated that the Town of Essex is embarking on a new road for our Police Services, the appointment of a Police Officer Trainee to attend the Connecticut Police Academy. Mr. Miller introduced Resident State Trooper John Mesham, Corporal Patrick Bowers, Corporal Marc Pisciotti, Officer Russell Gingras and Town Clerk Frances Nolin.

Mr. Miller indicated that Essex received over 50 applications for the position of Officer and the process included written testing, two oral boards and physical assessment.

Mr. Miller introduced Police Officer Trainee Salvatore Bevilacqua. Mr. Miller stated that he will begin attending the academy on Monday, March 26 which he will attend for approximately twenty weeks and then he will return to Essex for field training with our officers. Mr. Miller recognized the members of the Bevilacqua family that were in attendance including Salvatore's parents Giuseppe and Rose and his fiancée Filomena Robustelli and asked them to come forward for the swearing in.

Town Clerk Frances Nolin conducted the swearing in of Police Officer Trainee Salvatore Bevilacqua. Mrs. Nolin informed Mr. Bevilacqua that he would need to be sworn in as a full officer upon successful completion of the academy.

The meeting recessed for refreshments and resumed beginning at 8:05 pm.

INFORMATIONAL ITEMS:

Philip Miller reported that

• When the new restrooms were constructed with three sections women, men and family. The construction provided for a fourth section that was not completed. The merchants are looking to complete this section at no cost to the Town.
• We will not be going to bio-diesel until July 1 because of contractual obligations made to purchase regular diesel the implementation would be too costly.
• Xenelis has begun work on the STEAP Phase 2 Streetscape Project.
• There is an opportunity to acquire a used Trolley for use in Essex that would be privately acquired.

OLD BUSINESS:

A. Truebe Road Change of Name:

Philip Miller indicated this was tabled at the last meeting. Mr. Miller referred the Board to correspondence from Attorney David Royston for the name change process:

• Assure that the Planning Commission approves, which has been done.
• Obtain assurance that all owners of property having a Truebe Road address are supportive of the change, which has been done.
• Confirm that the emergency services (fire, police and ambulance service) have no objection and are informed of the effective date of the change, we have received no objection from all emergency services with a recommended effective date of May 1, 2007.
• Confirm with the Assessor that she has no objection and is informed of the effective date of the change, she has no objection.
• That the change be accomplished by a resolution which specifically states that the change of name is for the existing Truebe Road and to the portion to be constructed if an when it is completed and becomes and is accepted as a Town highway.

Motion was made by Norman Needleman to approve the following resolution:

RESOLVED: That the existing Essex Town highway known as Truebe Road is changed to Heron Pond Road effective May 1, 2007 and that the portion to be constructed if and when it is completed must meet the necessary criteria to be accepted as a Town highway.

Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

B. Resolution Sale of Tax Liens:

Philip Miller indicated that the Board had asked for clarification. Mr. Miller referenced correspondence from Attorney David Royston that stated the sale of tax liens needs to be a resolution (not an ordinance) adopted by the legislative body. Attorney Royston stated that if the Board of Selectmen wishes to have the ability to sell tax liens, then a Resolution would need to be placed on the agenda of a Town Meeting. Mr. Royston has provided a sample resolution, but the Board needs to determine some parameters of the Resolution. There was concern as to how collections are done at this time. According to Tax Collector Nancy Stadalnik, we have very few delinquent taxpayers. She has payment arrangements with those who are past due with the exception of a few which then get forwarded to Royston for further collection and legal remedies. She does not foresee a problem with the Resolution.

Motion was made by Norman Needleman to approve the following resolution:

RESOLVED: That the Town of Essex pursuant to Section 12-195h of the Connecticut General Statutes assign liens filed by the Tax Collector to secure unpaid taxes on real property which meet the following criteria:

1. The cumulative total of unpaid taxes secured by a lien or liens on a piece of real property, including interest and lien fees, shall be not less than $20,000; and
2. That said liens be outstanding for not less than three tax years; and
3. The assignee or assignees of such liens shall be required to purchase all liens;
4. The assignee or assignees shall pay the full cumulative total of all such liens, including interest and lien fees as of the date of such assignment.

The Board of Selectmen shall be responsible for executing one or more sale and assignment of tax liens meeting the foregoing criteria.

Philip Miller seconded the motion and it was unanimously approved. Motion carried.

C. Comstock Field Backstop:

Philip Miller reported that the 2007-2008 Park and Recreation budget request included a $7,100 capital request for the repair/replacement of a backstop at Comstock Field. However, the backstop is in desperate need of repair prior to the baseball season. The Park and Recreation Commission was hopeful that they could wait until the July 1 budget was approved, however the backstop is in worse condition than originally thought and has become a safety issue. Norman Needleman reported that he had done some research and learned that the backstop was initially installed on a temporary basis. Mr. Needleman mentioned this situation to the Board of Finance during the budget presentation last week and they are receptive to expending the funds in this budget year provided that the Board of Selectmen forwards a recommendation to them.

Motion was made by Norman Needleman to recommend to the Board of Finance an appropriation in the amount of $7,100 to repair/replace the backstop at Comstock Field, noting the corresponding reduction to the 2007-2008 Proposed Capital Budget for said amount. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

D. Essex Housing Authority Payment in Lieu of Taxes:

Philip Miller reported that the Essex Housing Authority is asking that formal action be taken for the back amounts owed for the Payment in Lieu of Taxes (PILOT). The request does not address future PILOT payments. It should be noted that the Treasurer's office has not accrued this as a receivable. Treasurer Robert Dixon estimates that the in lieu of amount is $18,447 for 2004 and 2005 with a projection of approximately $7,000 for 2006. Vincent Pacileo stated that he would like us to set a realistic goal for their PILOT payment. He would like to work with them to set an appropriate and achievable reimbursement level. Norman Needleman expressed his concern that they have some reserves for future repairs and obligations. Mr. Needleman stated that he would like to approve contingent upon regular financial reporting.

Motion was made by Norman Needleman to recommend to the Board of Finance and Town Meeting the waiver of the Essex Housing Authority PILOT payments for 2004, 2005 and 2006 in an amount not to exceed $25,500 with the request for regular financial reporting. Vincent Pacileo seconded the motion and it was unanimously approved. Motion carried.

E. Voting Machine Storage:

Philip Miller reported to the Board that the quotation for the voting machine storage was higher than anticipated. The Board of Selectmen and Board of Finance have already approved an appropriation in the amount of $3,500 however the quotation is for approximately $5,800.

Motion was made by Norman Needleman to recommend to the Board of Finance an amount not to exceed $2,500 for the construction of a voting machine storage area, bringing the total additional appropriation to $6,000. Philip Miller seconded the motion and it was unanimously approved. Motion carried.

NEW BUSINESS:

A. Insurance Denial:

Philip Miller reported that on October 26, 2006, during a storm, branches from a tree, located at Essex Elementary School, came down causing $2,100 in damages to a vehicle located on private property adjacent to the school. The claim was denied by our insurance carrier because the trees were not dead and the event was an act of nature. The Elementary School has since removed the trees. The individuals are requesting reimbursement of their deductible in the amount of $500. We have given damage reimbursements in the past. It was the consensus of the Board to reimburse the deductible provided that a release is signed.

Motion was made by Vincent Pacileo to adjourn at 8:59 pm. Norman Needleman seconded the motion and it was unanimously approved. Motion carried.

Respectfully submitted,

Cindy Varricchio
Board Clerk