Submitted by Edward Munster.
Special Board of Selectmen Meeting
This special meeting of the BOS was called to order by First Selectman Lizz Milardo at 6:00 p.m. at the Higganum Firehouse on Thursday, March 14, 2019. The video of this meeting can be viewed by clicking on THIS LINK.
There were two items on the agenda. The first was the approval of tax rebates in the amount of $8,017.92 approved unanimously. Milardo explained that the second item on the agenda was requested by Selectman Melissa Schlag to discuss the retirement of the Senior Center bus driver Diane Gondek and the subsequent temporary hiring of Wayne Rutty.
Schlag objected to the fact that there was no public comment at this special meeting. Milardo responded that the regular meeting scheduled for Monday March 11, 2019 at which public comment was on the agenda, was cancelled because of two other meetings that same night. One was a meeting of the Board of Education to which the BOS and other town officials were invited to discuss the disposition of the HES property and the second was a meeting of the Board of Finance which members of the BOS would also be attending. Milardo said that this special meeting had a very short agenda and there was no time for public comment because there was a Town Meeting in this same room tonight at 6:30 p.m. and she did not want to have these two meetings on different days and cause residents to have to come out twice.
Schlag’s second question was why the acceptance of Diane Gondek’s letter of retirement was signed by JoAnne Ricciardelli instead of Lizz Milardo. Milardo pointed out that Ricciardelli is in charge of Human Resources for the town.
Schlag then questioned the authority of Milardo to change the hours and status of a town employee. Milardo responded that she has the authority to change hours under the union contract and also has this authority under the Charter to hire and fire employees. Schlag contended that the union contract does not trump the Town Charter and wanted to know where specifically in the Town Charter is Milardo given this authority. Milardo responded that she checked with the town’s labor attorney to take these actions. Schlag asked Milardo to go back to the town labor attorney to get his opinion in writing but then went on to say that this was a question about the Charter and the Town Attorney was the proper one to get involved.
Schlag then questioned whether the person temporarily appointed to the position was qualified. Selectman Maggi pointed out that Schlag knew that the person had the proper license because Schlag asked the state trooper about it. Milardo said that the insurance company, the Assistant Director of Public Works and the town labor attorney all approve of the appointment. Schlag then contended that this hiring on a temporary basis should have been handled at a BOS meeting and not carried out by Milardo without a BOS meeting. Milardo contended that this was a decision regarding the day-to-day operations of the town and that a person was needed to drive the senior van and she (Milardo) did what was her job.
Milardo contended that this discussion was really a vendetta against the new van driver who had wanted to run for the position of Selectman on the Democratic ticket last election but that Schlag had boxed him out.
Milardo said that she put this item on the agenda because of Schlag’s Facebook postings and attendance at a meeting with seniors scaring them by telling them that the bus driver hours had been cut. Milardo said the fact is that the new van driver is actually driving more hours than the previous person who had other responsibilities in addition to driving.
The Special BOS meeting was adjourned at 6:17 p.m.
Town Meeting: Easements on Little Meadow Road
This meeting was called to order at 6:30 p.m. at the Firehouse in Higganum by First Selectman Lizz Milardo. The first order of business was to elect a moderator. On the motion of Bob Duval, seconded by Pablo Arroyo, Jeff Ogilvie was nominated for the position. There being no other nominations Ogilvie was elected moderator. He asked Town Clerk Scott Brookes to read the call of the meeting which was subsequently approved as the legal call of the meeting.
The question to be discussed was to purchase easements for a water line at 69 Little Meadow Road and at 98 Little Meadow Road, and if necessary, commence legal proceedings for the acquisition of said easements in accordance with Connecticut law. The moderator asked that the motion be considered separately for the two properties in question.
By way of background Little Meadow Road is a private road 12 feet in width which runs downriver just past Eagle Landing State Park and the water line is part of the project to bring potable water to Tylerville and in this instance to the cottages along the CT River on this road. Milardo stated that an appraisal was done on the two properties to determine the value of the easement. The property at 69 Little Meadow increases in value by $30,000 and the property at 98 Little Meadow increases in value by $25,000 with the addition of clean water to these properties. Thus the taking of these utility easements would not decrease the property values but instead increase them. So the price to be offered for the easements was set at $1 (one dollar) each. Milardo pointed out that she has been told by legal counsel that once voted on the easements generally would be granted by the court within 30 days. Timing is critical because the contractor has been stopped because these easements have not been signed by the owners. The later the digging up of the road happens it will make it difficult for other owners to access their property as the summer approaches because most of the homes are summer cottages.
A motion was made and seconded regarding the property at 69 Little Meadow Road. Milardo pointed out that the owner of 69 Little Meadow has just signed the easement agreement but the town is continuing with the action because the agreement signed by the owner has not yet been signed off by the town. Resident Ed Schwing claimed that it is the Board of Finance which has the authority to appropriate money (in this case a total of $2) and not this town meeting and asked that his objection be entered into the record of the meeting. Milardo responded that the Town Attorney has assured her that she is within her authority as a result of a Resolution passed on November 15, 2017 “to negotiate and enter into any and all access agreements, easements, or purchase easements … as may be necessary…” to bring clean water to Tylerville. Melissa Schlag pointed out that she warned the Board of Selectman about this resolution when it was passed. Someone from the audience offered to “donate the two bucks.” There was no further discussion on the motion which passed by a voice vote with only a few “no” votes.
A second motion was made and seconded regarding the property at 98 Little Meadow Road. Mary Ann Smith, who along with her husband Donald Smith own the property, stated that she and her husband drove from Florida to be at this meeting because they felt that there was misinformation about their position. They have always wanted clean water but felt that their ability to expand their home would be compromised by where the pipe and the easement were being placed on the east side of the road. She stated that if the easement could be moved 12.5 feet to the west side of the road they would sign the agreement immediately.
Milardo asked if Smith had received a letter from her attorney Bob Ziegler about a letter sent by Haddam’s Town Attorney on Feb 1, 2019 at 12:36 p.m. to Ziegler. The letter states that the town would move the pipe to the west side of the road and carve out the restrictions on the easement on the east side of the road. The letter asks “will the Smiths agree” to which Atty Ziegler responded at 1:37 p.m. that same day “No.” Don Smith said his attorney never provided him with that information and that Ziegler severed his relationship with the Smiths on this past Tuesday (two days ago). Milardo pointed out that this should all be easily resolved by Smith signing the agreement. Donald Smith did not want to sign the agreement without being able to understand all this new information. Milardo offered to meet with the Smiths and the Town Attorney on Monday because the Town Attorney was away on personal business right now. The Smiths said they had to return to Florida on Friday for a medical procedure and he was concerned that if the resolution was passed that the town would continue to pursue the eminent domain action. Milardo stated that there would be no need to do that once the easement was signed and that she could not control what their attorney did or did not do.
Resident Ed Schwing made a statement during a loud uproar which could not be heard on the video about Republicans which when asked to repeat it stated something about “conservatives.” All of this took place during a loud interchange in the audience which seemed to be getting out of control at which time Milardo asked Schwing to leave the room, which he did. Marge Debold asked everyone to calm down and get back to completing the business at hand.
A CT Water Company person stated that the water pipe went down the center of the road except in cases where there was a septic system or other reason to put a jog in the line and that they moved the pipe to the west side of the road to accommodate the Smiths. Smith again stated that he was not aware of this “new information.” A resident, Mr. Duffy, said it is just a misunderstanding so let’s just do that.
Resident Ralph Livieri stated that the document needs to be revised and the town should not rush into passing this resolution. Milardo stated that the document has been revised, we are all here and we need to vote on the resolution. The work has already been delayed by six weeks. Livieri stated that they (the Smiths) should not sign the agreement without an attorney to review the document. Milardo asked if he was representing the Smiths to which he replied that he is an attorney but had not been asked by the Smiths to be their attorney.
The Water company representative reminded the audience that there was a meeting back in August for the residents (Little Meadow Road) affected to come to hear and discuss the proposals and many did not come. At that time the concerns of all the owners who did show up were taken care of.
Smith asked about being able to put a sewer line across the easement and was told that this is permissible if the sewer line is put within another pipe. The debate continued for some time before the vote was taken and the resolution was passed by voice vote at which time Selectman Maggi stated that the town would work with the Smiths to resolve their concern.
