Prospect Town Council

January 17, 2006

The Town Council meeting was called to order by Joseph Commendatore, Chair at 7 p.m.

Members present: Joseph Commendatore, Robert Doyon, Patricia Geary, Theresa Graveline, Frederick Harkins, Roger Kergaravat, Douglas Merriman, Dominick Mirabelle and Dominic Moschella

Mayor’s Report:
Mayor Chatfield requested the Council move into executive session to discuss 11 and13A Center Street.

Motion made by D. Merriman to adjourn to executive session including Mayor Chatfield. Motion seconded by R. Doyon. Unanimous The Council adjourned into executive session at 7:02 p.m.

Motion made by T. Graveline to adjourn from executive session. Motion seconded by R. Doyon. Unanimous

This executive session concluded at 7:10 p.m. No other motions were made during this session.

Mayor Chatfield presented the Annual Storm Water Management Plan Report for the Town of Prospect, December, 2005. This report is State mandated and cost the Town $28,000.

Mayor Chatfield presented the Town of Prospect, Town Emergency Operations Plan, effective date December, 2005. This report is State mandated and was completed in-house.

Mayor Chatfield presented the Town of Prospect Audit Policy and Inventory Report, September, 2005. Every piece of Town owned property is included in this report. Mayor Chatfield commented this report must be placed on file. If the Town does not have this report on file upon inspection it will be fined.

Mayor Chatfield requested the Town Council to act on their budget tonight. A handout is included with the correspondence.

Mayor Chatfield stated there was a total of 663 responses by fire department personnel for the year 2005. The total number of medical calls vs. fire calls was two to one.

Mayor Chatfield stated that based on the earlier weather forecast the auditor would not be present tonight; however he will attend the February 7, 2006 meeting. Mayor Chatfield stated he has been taking steps to cut back on the amount of electricity used by the Town. Connecticut Light and Power offered a program to municipalities that would save the Town on electrical fees. To date the Town Hall,Library, Grange and Public Works have been retrofitted. CL&P pays for 75% of the cost for retrofitting and the Town pays 25%. Chapel Hall is no longer hooked up to city gas but now uses propane. An overall savings of 40% is expected.

Mayor Chatfield commented that the Board of Education has formed a Budget Review Committee and would like a member of the Council to serve on this committee. No specific meeting dates have been set.

A letter regarding January, 2006 appointments to Zoning Board of Appeals, Economic Development, Library Board, Water Pollution Control Authority and the Inland Wetland Commission was submitted to the Council by the Mayor.

D. Mirabelle questioned the affiliation of the appointed members.
Mayor Chatfield stated he was not certain of all the affiliations of the appointed, but indicated the ones he did know.

D. Mirabelle requested the Mayor to submit a list of the appointments and their affiliation.

Mayor Chatfield indicated that the Street Excavation ordinance issued tonight is a clean copy with the suggested changes. The Mayor requested that once the ordinance is adopted it be published in the Naugatuck Citizens’ News rather than the Waterbury Republican to save on publication fees.

Mayor Chatfield requested a transfer of $38,000 to the Town Hall Building Account from the General Fund Surplus to replace the architect fees for the Senior Center addition.

T. Graveline stated that a motion was unanimously approved at the December 6, 2005 meeting to have all transfers sent with the minutes to allow council members time to review it prior to the meeting.

Mayor Chatfield indicated he was not aware of this motion and it was brought to his attention tonight by D. Merriman. Mayor Chatfield stated that in the future all correspondence will be brought down to the floor on the Monday prior to the meeting. J. Commendatore, R. Doyon, P. Geary, T. Graveline, R. Kergaravat, D. Merriman and D. Moschella approve. F. Harkins and D. Mirabelle opposed. Motion carries.

The Mayor requested the second meeting in February be held at the senior center to enable the council members view the progress of the construction.

P. Geary stated she understands when the revaluation notices went out people were up in arms because they believed their taxes were going to increase 55%. Why did the notice go out a week before Christmas?

Mayor Chatfield stated he did not know if it was state mandated when the notices went out and he would ask the Assessor.

P. Geary asked if the is the administrator’s contract is on file?

Chair’s Report:

none
Guests: none
Public Participation: none

Minutes:
Motion made by D. Merriman to approve the December 6, 2005 minutes. Motion seconded by R. Doyon. Motion discussed.

P. Geary indicated on page 4 the date for the public hearing read January 17, 2006 not January 3, 2006. It should have read as follows: Motion made by D. Moschella to have a public hearing on January 3, 2006 at 6:30 p.m.

No further corrections were made. The motion is unanimous to approve the December 6, 2005 minutes as amended.

Correspondence:
The Street Excavation and Obstruction Ordinance (clean copy/draft)
Republican Town Committee January 2006 appointments
Town Council 2006/2007 Budget
Letter from the Democratic Town Committee recommending the appointments of Lori DaSilva and Christopher Owens
Letter of resignation from Anthony Perrella, alternate member on Planning & Zoning
Tax Collector’s Report – November, 2005 and December, 2005
Volunteer Fire Department 2005 activities report
Zoning Inspectors Report – December, 2005
Department of Public Works Audit, September 2005
Emergency Operations Plan, December 2005
Storm Water Management Report, December, 2005
Police Report – December, 2005
Mayor’s Expenditures
Building Inspector’s Report – November, 2005
Electrical Inspector’s Report – November, 2005
Heating Inspector’s Report – November, 2005
Plumbing Inspector’s Report – November, 2005
Tax Collector’s Refunds
Revenue Sheet, Town of Prospect
Letter of appointments to the Commission on Aging and Board of Recreation from Mayor Chatfield
Letter from Superintendent Shook regarding a Budget Review Committee

Motion made by D. Merriman to place correspondence on file. Motion seconded by T. Graveline. Unanimous

R. Kergaravat requested that correspondence be sent out to members to be reviewed prior to the meeting.

D. Merriman stated that all correspondence is placed on a table located in the Mayor’s office for Council members to view prior to the meeting.

P. Geary requested a listing of all members on boards and commissions.

J. Commendatore stated he would obtain this listing from the Town Clerk’s office.

T. Graveline requested no further business take place while correspondence is being passed out for the council to review.

J. Commendatore stated that this is a reasonable request and will be done.

New Business:
Refunds submitted by the Tax Collector.

Motion made by D. Merriman to approve the refunds submitted by the Tax Collector totaling $705.08. Motion seconded by P. Geary.

D. Mirabelle opposed because he did not have time to read the refunds.
Motion carries.

D. Moschella stated there were three refunds.

Motion made by T. Graveline to accept the resignation of Anthony Perrella as an alternate member of Planning and Zoning. Motion seconded by P. Geary. Unanimous

Motion made by D. Merriman to approve the Democratic appointments of Lori DaSilva to ZBA, alternate two year term and Christopher Owens, Economic Development, two year term. Motion seconded by D. Moschella. Unanimous

Motion made by P. Geary to approve the Republican Town Committee appointments. (See Schedule A). Motion seconded by R. Kergaravat. Unanimous

Old Business:
The public hearing date for the Street Excavation and Obstruction ordinance was discussed.

Motion made by D. Merriman to hold a public hearing on the Street Excavation and Obstruction ordinance on Tuesday, February 7, 2006 at 6:45 p.m. Motion seconded by R. Kergaravat. Unanimous

The Town Council meeting will commence immediately following the public hearing.

T. Graveline stated she will not be in attendance.
T. Graveline requested that G. McCarthy attend the public hearing and review the ordinance.

D. Moschella stated he has had G. McCarthy review ordinance previously, now will make sure Mr. McCarthy receives the “clean draft copy” and will ask him to come to the public hearing.

Subcommittee Reports:
The subcommittee list was reviewed – no changes were made.

R. Doyon suggested a speed limit radar indicator be placed at two locations coming up 69 where speed limit signs are posted. The radar would display the speed you are traveling vs. the posted speed limit.

Discussion followed.

T. Graveline indicated that there might be state regulations on a permanent radar indicator on the state highway.

D. Merriman stated he would check with Trooper Abarzua.

Motion made by T. Graveline to have the Town Council direct D. Merriman make a special request to Trooper Nelson Abarzua requesting his investigation of acquiring a semi-permanent radar/speed limit indicator for use in Prospect. Motion seconded by D. Moschella. Unanimous

There was discussion pertaining to law enforcement techniques utilized by our town.

J. Commendatore requested R. Kergaravat arrange a meeting between the Safety Committee and Trooper Abarzua.

T. Graveline suggested that this be discussed with Trooper Abarzua prior to budget discussion.

R. Kergaravat stated that he would arrange a meeting within the next two weeks.

Town Council budget discussed.

Motion made by D. Mirabelle to add $20,000 to the 2006/07 proposed town council budget for a Town Council attorney. Motion seconded by T. Graveline. Discussion followed

D. Mirabelle stated this attorney would be hired by the Town Council should they need a legal answer.

D. Moschella stated that he did not believe that they have ever been denied to contact the town attorney to discuss an issue.

D. Mirabelle stated that the Town Charter states that permission needs to be granted by the Mayor.

T. Graveline read from the Town Charter, Section 6.01. Town Attorney. A review of this section states the mayor appoints the attorney. Any board or commission has the right to request services. The council can approach an attorney as a unit and advise the mayor that they are going to do that, so that he is made aware of an expenditure for that line item. The mayor’s permission is not required by the Charter.

J. Commendatore stated that he does not feel it is necessary to have a separate line item for an attorney.

D. Moschella agrees that the Council should hire their own attorney if there is a conflict of interest.

T. Graveline indicated the Charter states the council can retain an attorney.

J. Commendatore feels that if it is a serious enough matter the Council would not always vote 5-4 but would vote with the best interest of the town in mind. You cannot say it is majority against the minority.

D. Mirabelle would like to have an attorney that is not biased to a party. D. Merriman moved the motion.

Roll call vote. J. Commendatore, R. Doyon, P. Geary, T. Graveline, R. Kergaravat, D. Merriman, D. Moschella, No. F. Harkins and D. Mirabelle, Yes. Motion fails 2 to 7

T. Graveline would like the Council to consider new line items in the Town Council budget for recommendations that will be forth coming from the safety committee.

The request from Superintendent Shook for a Council member to serve on a Board of Education Budget Review Committee was discussed. J. Commendatore suggested alternate members attend, because this is a full commitment for four months by one member. J. Commendatore will contact Dr. Shook to see if it would be possible for this commitment to be split between a few Council members and report back to the Council.

T. Graveline stated that the correspondence received from Ann Stein last month indicated on January 26, 2006, 7 p.m. at the Prospect Library there would be a workshop conducted by J. Gibbons of the UConn Cooperative regarding identifying parcels to be used or acquired as open space.

Motion made by D. Merriman to adjourn. Motion seconded by D. Moschella. Unanimous

This meeting adjourned at 8:27 p.m.

Respectfully submitted,

Joseph Commendatore, Chair