The Regular Town Council meeting was called to order at 7 P.M. by Chair Cynthia L. Gibbons. Members present: Robert Doyon, Patricia Geary, Cynthia Gibbons, Theresa Graveline, Thomas Hallaway, Douglas Merriman, Edward Miller @ 7:10 P.M. and Dominick Mirabelle @ 7:10 P.M. Absent: Domenic Jannetty.
MAYOR'S REPORT: Update on sale of Anthem Stock, opened CD @ Webster Bank received $50,476.41; Members received copy of "Park Ordinance" and Mayor Chatfield suggested reviewing when Ordinance Subcommittee meets; Mayor Chatfield also requested changing June 4th meeting to June 25th - Motion made by D. Merriman, 2nd by T. Hallaway to change June 4th meeting to June 25th, T. Graveline opposed, Motion carried; Unable to set Mill rate at this time; Attorney Yarbrough working on Talmadge Hill Rd. property.
Year End Transfers:
Request $75,800. From G.F. to purchase a 2003 International Cab and Chassis to replace 19 year old truck #4, town will be selling old truck & using parts on the new truck. Motion made by T. Hallaway, 2nd by T. Graveline to approve transfer. Motion Unanimous
Library Transfer, Mayor Chatfield reviewed, same process as in the past. Motion made by D. Merriman, 2nd by R. Doyon to approve transfer within the library budget. P. Geary requested info on what Capital Improvements will be. Motion Unanimous
Mayor Chatfield reviewed transfer. Motion made by D. Merriman, 2nd by R. Doyon to approve. Motion Unanimous
Transfer request with-in Police Account $3,536 from Radio Account to Police Clerk. Mayor Chatfield reviewed. Motion made by D. Merriman, 2nd by T. Hallaway to approve. Motion Unanimous
Motion made by D. Merriman, 2nd by R. Doyon to go into executive session with Asst. Director of Public Works and Mayor Chatfield @ 7:20 P.M. Motion Unanimous
No motions or votes were made during executive session. Motion made by P. Geary, 2nd by R. Doyon to come out of executive session @ 7:36 P.M. Motion Unanimous
Mayor Chatfield yielded the floor to Mr. Kathan for a presentation of a replacement Bicentennial Flag to the Town of Prospect.
CHAIR REPORT: C. Gibbons attend Water Pollution Control Authority organizational meeting, Council members received copies of newly revised "red-lined" version of the WPCA Regulations for review from Carmody & Torrance.
Motion made by T. Graveline, 2nd by t. Hallaway to approve minutes of May 7, 2002. Motion Unanimous
CORRESPONDENCE: Letter to Michael H. Cicchetti re: RMK-Prospect Associations, LLC - Sale of 177+/- Acres - Scott Road, Prospect, CT; Thank You to resigning clerk of the Zoning Board of Appeals from Chair Dom Moschella; State of Conn. DEP re: Mosquito Trapping dated 5/24/2002; letter dated 5/7/2002 from Legislative Program Review Investigations Committee re: study of Regional School District Governance; Memo from William Donovan, Zoning Enforcement Officer, re: Attendance/Vacancies @ Inland Wetlands Commission meetings. Motion made by E. Miller, 2nd by D. Merriman to place on file. Motion Unanimous
NEW BUSINESS: Attorney J. Paul Vance representing Thomas Santos owner of property at 49 Waterbury Road, handed out letter dated May 28, 2002 along with Tax Adjustment chart. Seeking to have 22% of interest waived by the Council, Mr. Santos was assessed since 1986 on property that he didn't own, error was discovered in 1996. Atty. Vance suggested a tax credit going forward to allow for a little flexibility, which would allow the owners to refinance. Also consider waiving interest or work out 5-10 year tax credit going forward. E. Miller excused himself from the meeting due to possible conflict. Presently Mr. Santos has a payment plan to pay delinquent taxes which has been in place since 1998. Attorney also suggested having interest-rate stop rolling. Tax Collector, Diane Lauber, didn't dispute in regards to the parcel not belonging to Mr. Santos. In approx. 1999 Tax Collector became aware of the error. Both Atty. Vance & Tax Collector Lauber referred to State Statue 12-145 "The tax collector of a municipality may waive the interest on delinquent property taxes if the tax collector and the assessor, jointly, determine that the delinquency is attributed to an error by the tax assessor or tax collector and is not a result of any action or failure on the part of the tax payer". Atty. Vance pointed out that the "legislative body" has the ability to extend this waiver. Members of the Council pointed out that the "legislative body" is a "Town Meeting". D. Lauber wouldn't be in favor of waiving interest, every taxpayer is treated the same in order to be fair to all taxpayers. Also D. Lauber contends that interest didn't cause Mr. Santos to become delinquent. Atty. Vance indicated that Mr. Santos could get an extension with courts and would be worth fighting for refund. Property owners and Atty. Vance would like to work something out that council could act on. D. Merriman feels council should get an opinion from the town attorney. Main issue that Atty. Vance brought up is that owner was taxed on 22% more property than he actually owned, not disputing the delinquency. Attorney Vance requested a written decision from the Council. T. Graveline reiterated the council needs to consult/refer with Attorney Yarbrough. Thomas Santos spoke concerning his reason for being delinquent. E. Miller returned at 8:25 P.M.
SUBCOMMITTEE REPORTS: T. Graveline updated members on South Central R.W.A., spoke with Thomas Chaplik and he has indicated that they are mandated by Federal EPA to reassess all land and holdings since 9/11/2002 so they are presently in a holding pattern and won't have information until mid summer. Study committee still working on a presentation to be made to the council and suggested July 16th presentation.
T. Graveline discussed conflict due to family relationships to RMK-Prospect Associates with Scott Rd. Commerce Park as it pertains to discussion and negotiations which also would pertain to Domenic Jannetty. T. Graveline asked that P. Geary take over for her on the Land Use study committee. Land Use Study committee to meet June 3, 10 & 18 from 5:30 - 6:00 with attorneys, Land Use executive session. Motion made by D. Merriman, 2nd by T. Hallaway to appoint P. Geary to Land Use Subcommittee. P. Geary abstained. Motion unanimous.
Pension & Benefits will be meeting to discuss Medicare supplemental insurance for retirees, presently waiting for information.
Motion made by T. Graveline, 2nd by D. Merriman to adjourn at 8:39 P.M. Motion Unanimous