September 2, 2003 Approved
Regular Town Council Meeting
The Regular Town Council meeting was called to order at 7 P.M. by Chair, Cynthia L. Gibbons. Members present: Robert Doyon, Delores Franks, Patricia Geary, Cindy Gibbons, Theresa Graveline, Douglas Merriman, Edward Miller and Dominick Mirabelle.
Motion made by P. Geary, 2nd by T. Graveline to amend agenda and do appointments next. Unanimous
Chair read letter dated 9/2/2003 from Michael R. Scaviola, Chairman of the Democratic Town Committee endorsing Michael R. Scaviola, 4 Blue Trail Drive to fill the vacancy on the Prospect Town Council replacing Domenic Jannetty to complete the remaining term of office. Motion to appoint made by T. Graveline, 2nd by D. Mirabelle. Motion Unanimous
Michael R. Scaviola was sworn in by Maryann C. Anderson, Town Clerk.
Chair Report: Asked for motion to place on agenda to rescind August 19th ZEO ordinance, copy of draft ordinance that was voted on was not the final as discussed at the Public Hearing held July 1, 2003. Corrected copy handed out by Attorney Casagrande.
Motion made by D. Franks, 2nd by D. Merriman. Unanimous
D. Mirabelle questioned whether public needs to be informed of final ordinance handed out. Atty. Indicated not necessary as everything was voted on at the Public Hearing.
Attorney Casagrande reviewed changes as discussed at the Public Hearing held July 1, 2003, attorney was not aware that meeting to vote on ordinance was being held on August 19th. Modifications weren’t made therefore legal notice wasn’t published.
Vote on motion to rescind motion to adopt "Ordinance Establishing Fines and Citation Procedures for Zoning Violations" voted on August 19, 2003 made by D. Mirabelle, 2nd by D. Merriman. Unanimous
Attorney reviewed resolution to adopt ordinance. P. Geary questioned the issue of liability of landlords. Atty. Pointed out tracking down the landlord/property owner more feasible, there are landlord/tenant laws and leases include that tenant must comply with zoning regulations otherwise defaulting under lease. Atty. Also indicated that there is a state statute re: ZEO doing job fairly & properly.
T. Graveline questioned provision that ZEO issue citation to tenant. D. Franks & Atty. Casagrande pointed out that zoning deals with the property. T. Graveline – example if vehicles are on rental property, Atty. reiterated that zoning deals with the land not personal property.
D. Franks indicated privilege of property ownership. Responsibility and accountability falls within landlord’s realm.
Atty. reviewed that citation issued, appeal process, etc. reviewed process and procedures to rectify.
T. Graveline questioned whether council should be named in the ordinance as the overseeing authority. Atty. Said not necessary.
Motion made by R. Doyon, 2nd by D. Merriman to accept "BE IT RESOLVED by the Town Council of the Town of Prospect that an ORDINANCE ESTABLISHING FINES AND CITATION PROCEDURES FOR ZONING VIOLATION, in form as attached hereto, be and is hereby approved as modified following comments and/or changes proposed at a Public hearing held on July 1, 2003.
D. Mirabelle feels fine for tenant would also make them cease violation. Atty. indicated that if challenged in court tenant may have a case.
Vote on motion. D. Mirabelle opposed, M. Scaviola abstained. Motion carried.
T. Graveline feels council should be kept aware through a report from the ZEO. D. Merriman indicated with citations & fines council will be more involved. D. Franks – specific report to council of violation and status.
Motion made by T. Graveline, 2nd by D. Franks to request ZEO provide a written report of all cease & desist orders, citations & fines, etc. be provided to the council on a monthly basis. Motion Unanimous
Motion made by D. Merriman, 2nd by R. Doyon to approve minutes of August 4, 2003. T. Graveline, D. Mirabelle and M. Scaviola abstained. Motion carried
Motion made by E Miller, 2nd by R. Doyon to approve minutes of August 19, 2003. C. Gibbons and M. Scaviola abstained. Motion carried.
CORRESPONDENCE: Building, Electrical, Plumbing & Heating Inspectors reports. Motion made by D. Merriman, 2nd by T. Graveline to place correspondence on file.
SUBCOMMITTEE REPORTS:
E. Miller questioned Land Use and Mauriello property, T. Graveline was asked to get an appraisal done, only one appraisal will be done.
M. Scaviola will fill in on the Ordinance Subcommittee replacing Domenic Jannetty. Ordinance subcommittee planning to meet Sept. 9th @ 6 P.M.
Motion made by D. Merriman, 2nd by T. Graveline to adjourn at 7:40 P.M.
Cynthia L. Gibbons, Chair
M. Carrie Anderson, Clerk
Robert Doyon, Vice Chair