The Regular Town Council meeting was called to order by Chair, Cynthia L. Gibbons @ 7 P.M. Members present: Patricia Geary, Cynthia Gibbons, Theresa Graveline @ 7:03 P.M., Thomas Hallaway, Domenic Jannetty, Douglas Merriman, Edward Miller, Dominic J. Mirabelle. Absent: Robert Doyon.
Also in attendance, Town Attorney, John Yarbrough.
MAYOR'S REPORT: Reviewed some correspondence: R16 letter dated 10/11/02 re: Administrator Collective Bargaining meeting being held Wed. Oct. 16, 2002 @ 5:30 P.M.; Oct. 29th WPCA Public Hearing re: Regulations; Recommended 11/5 Regular Council meeting be postponed; Nov. 19th Representatives from EPA, DEP & Consultant re: U.S. Cap & Jacket.
Attorney Yarbrough updated members and the public on 49 Talmadge Hill Road property. Reviewed deed - Mr. Forger left property to the town for educational or charitable purposes, if town doesn't find a use the alternative is that it could go to the state. Options need to be reviewed. House is in disrepair and a significant amount of money would be needed to fix up for fire, building and handicapped accessibility. Legal notice was published in the R&A and one response was received but respondent didn't qualify. Alternative would be to petition probate court to allow demolition of the property and use as open space. Atty. general would insist on going to probate for interpretation of will. No conclusive answer on what the state would do with the land. Can't predict how probate would feel and cost would be $3,000-$5,000 plus other additional legal fees. No way to predict what the outcome would be. Could be contested by the estate/heirs. Cost of demolishing compared with the cost of renovations. P. Geary questioned what ruling probate would give - only thing would be the interpretation of the will. Attorney Generals office would have input after probate. Possibility that the State could have no interest, then property would go to Mr. Forger's heirs.
E. Miller questioned cost of repairs - no estimate at this time. Suggested that Land Use Subcommittee look into. P. Geary pointed out that necessary to have use in mind before fixing up.
T. Graveline yielded to Mr. Sid Berry of 47 Talmadge Hill Rd. - Questioned whether the purpose would remain the same whether property goes to the town or state, in particular Educational or Charitable organizations - Atty. Yarbrough read the will, indicates State of Conn. or its designee.
D. Mirabelle questioned if heirs have a desire to have property - Atty. Yarbrough's understanding is that they would.
P. Geary yielded to Mrs. Hurlbut, 4 Dogwood Drive, questioning how long probate would take, 2-3 months, probate can determine if heirs could have and if house could be demolished.
D. Merriman asked for clarification - if council doesn't go to probate then property goes to the state and then Mr. Forger's heirs.
Katie Hartnett, 52 Talmadge Hill Rd. - Attorney Yarbrough reviewed the will again, heirs can contest if not used as specified in the will.
T. Hallaway feels the issue is whether there is an economical way to have town keep. Land Use Subcommittee needs to look into. Longer it sits more the property deteriorates.
Sid Berry, Talmadge Hill Rd. questioned use if fixed up, must be used for what specified for in the will.
Warren Eccles, 47R Talmadge Hill Road, questioned selling property. Attorney Yarbrough indicated focus is on house itself.
Mr. Eaton, 51 Talmadge Hill Rd., suggested burning down and leaving as open space with stone in Mr. Forger's memory.
Indicated that there are multiple buildings on the property and are mostly in disrepair. Sid Berry indicated that pole barn could be sold and moved.
D. Merriman reiterated that the Land Use Subcommittee needs to get together as soon as possible and look into costs for upgrading to code, demolition, etc. then back to the Council for a vote. Motion made by T. Graveline 2nd by D. Merriman to refer issue to the Land Use Subcommittee for investigation of costs for rehab., demolition, etc. P. Geary reiterated that a use for the building needs to be looked into before spending money. T. Graveline indicated that the subcommittee would seek estimates. Also reiterated that heirs could still contest.
Mrs. Eccles suggested educational purposes, field trips, etc. D. Jannetty pointed out that the need is to find out from probate first. Motion Unanimous
GUESTS: Eugene McCarthy, Asst. Director of Public Works re: R16 Board members coming sometime in November re: purchasing land for schools. He would like to get bid in first re: property near town garage, which will be needed desperately in five years. P. Geary agreed with Mr. McCarthy re: price paid for small parcel of land next to the library, indicated that the asking price for the property near the town garage was an issue.
CHAIR REPORT: Motion made by E. Miller 2nd by D. Merriman to cancel November 5, 2002 council meeting and reschedule for November 12, 2002 @ 7 P.M.. P. Geary opposed. Motion carried.
Motion made by T. Hallaway, 2nd by P. Geary to approve Oct. 1st minutes as amended. Motion Unanimous
CORRESPONDENCE: R16 letter dated Oct. 11th; Sept. 2002 Police Report; Sept. Bldg., Electrical,, heating and plumbing inspectors reports; Zoning report for Sept. Vacancy on Library Board; Regulations re: WPCA; Tax Refunds;. Motion made by D. Merriman, 2nd by T. Graveline to place correspondence on file.
Motion made by D. Merriman, 2nd by D. Mirabelle to accept the resignation of Kathleen Graveline with regret. Motion Unanimous
Motion made by P. Geary, 2nd by T. Hallaway to approve refunds totally $1,798.74. Motion Unanimous
SUBCOMMITTEE REPORTS:
Pension - met and looking at request re: adding Medicare supplemental insurance, no information available at this time.
Ordinance - met twice, received input from Mayor, D. Jannetty doing legwork re: Park Ordinance
Public Works - Chair R. Doyon not present.
Sr. Housing - P. Geary reported that a developer is looking into and waiting for a response re: funding from state Economic Development.
E. Miller - Discussion re: letter from R16 dated Oct. 11, 2002. R16 missed the deadline for notifying the council 30 days prior to the commencement date of negotiations which was Oct. 7, 2002. Necessary to have a representative attend Oct. 16th meeting @ 5:30 P.M. D. Merriman volunteered to attend Nov. 16th meeting. Motion made by E. Miller, 2nd by T. Hallaway to have D. Merriman be the representative from the Council at the Nov. 16th meeting. Motion Unanimous
T. Graveline questioned when Trooper Abarzua would be attending meeting concerning keeping neighbors informed and also Police Report received in Sept. may have been a partial report. Chair's understanding is that he has been contacted. Suggestion that he be invited to the 12th or 19th meeting.
P. Geary also pointed out that she still hasn't heard from the Auditor re: 53rd week of pay.
P. Geary yielded to Gene McCarthy who questioned if letters are sent to the individuals inviting them to meetings. C. Gibbons will invite, contact directly.
Motion made by D. Merriman, 2nd by T. Graveline to adjourn at 8:12 P.M.