Ms. Miller: I would like to call the meeting to order and I would like a nomination for a moderator for this meeting.
Ms. Grande: I nominate Ward Mazzucco for moderator.
Audience: I second.
Ms. Miller: (Inaudible) all those in favor?
Audience: Aye.
Ms. Miller: Opposed? Ward (inaudible).
Mr. Mazzucco: Thank you Mrs. Miller. Does this pick up?
Ms. Knapp: Yes, it’s fine.
Mr. Mazzucco: Good evening everyone. The first item on the agenda this evening, I would like to ask our town clerk to read the warning of the meeting please.
Ms. Grande: Warning, Notice of Special Town Meeting, The Legal Voters in the Town of Redding, Connecticut and those entitled to vote therein are hereby warned and notified to meet at the Special Town Meeting to be held in the Hearing Room of the Town Office Building in Redding, Connecticut on Monday, December 11, 2006, 7:30 p.m. for the following purposes: 1) To approve a modified CL&P easement on Town and Nature Conservancy property on Whortleberry Road; 2) To approve the acceptance of a Conservation Easement and Restriction from the Quinnehtuk Co., a/k/a the Quinnehtuk Company on 0.37 acres of land south of Whortleberry Road; 3) To approve the assignment of the town’s interest in the above-referenced
Conservation Easement and Restriction of the State of Connecticut; and 4) To authorize the First Selectman, Natalie Ketcham to execute any and all documents required to implement the conveyances. To do any and all things legal and necessary to accomplish the above named purposes and to take any other action that may legally come before the meeting. Dated at Redding, Connecticut this 20th day of November 2006. Signed Board of Selectmen, Selectman Natalie Ketcham, Tina Miller and Donald Takacs.
Mr. Mazzucco: Thank you. Do I have a motion to accept the warning as read?
Audience: So moved.
Mr. Mazzucco: Is there a second?
Audience: Second.
Mr. Mazzucco: All those in favor please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? The motion is carried. I have also received a return certifying the publication of the warning of this meeting signed by Natalie Ketcham, Redding’s First Selectman, and I ask that the certification be recorded with the doings of this meeting in accordance with the provisions of Section 7-4 of the Connecticut General Statutes. Now as you have heard we’ve got four items on the agenda tonight and I suspect that they are all overlapping. Before we have any explanation of them perhaps someone could make a motion as to the first item so that we can get it properly before the meeting.
Audience: So moved.
Audience: Second.
Mr. Mazzucco: We have a motion to approve the first item on the agenda and a second. That entitles us to have some discussion. Ms. Miller would you or Attorney Frank like to address these issues?
Ms. Miller: Attorney Monty Frank is here tonight and (inaudible).
Mr. Mazzucco: Mr. Frank you are welcome to do it from right there because the microphones will pick you up.
Mr. Frank: Okay. Essentially this has evolved as the transmission lines upgraded through the Town of Redding. DOT has proposed to expand the easement through (inaudible) reduce two ten-foot strips on either side of (inaudible). The total area of this new easement is .37 acres. In lieu of compensation, money compensation the town will receive a conservation restriction on a lot and that conservation restriction will be for .37 acres and that is on land on the other side of Whortleberry Road (inaudible). In addition, the Nature Conservancy will receive $2,400 for (inaudible). That is essentially the nature of (inaudible) and the final thing is to authorize the first selectman to
sign any documents necessary to (inaudible).
Mr. Mazzucco: Your comments really apply to all four of them.
Mr. Frank: They do. (Inaudible)
Mr. Mazzucco: Are there any other comments or discussion concerning Item 1 on the agenda (inaudible). Yes, sir?
Mr. Miller: James Miller, 10 Middlebrook Farm Road. A quick question. Were these amended, appended documents made available to the public before this meeting?
Mr. Mazzucco: Does Ms. Miller or Attorney Frank have an answer to that?
Ms. Miller: I think they are available now. Is that what you are asking, how much in advance they were made available?
Mr. Miller: Yes.
Ms. Miller: I don’t know.
Mr. Miller: (Inaudible)
Mr. Mazzucco: You might be able to tell from the documents themselves.
Mr. Miller: Well, I can see the dates on the letters.
Ms. Miller: (Inaudible)
Mr. Mazzucco: Did this matter come before the Board of Selectman, Ms. Miller?
Ms. Miller: No.
Mr. Mazzucco: Well, I’m afraid I don’t know the answer to that but I suspect that the documents were (inaudible). Frank, where did you get the documents from?
Mr. Frank: I got the documents from CL&P’s attorneys. They have been in the town hall for some period. I don’t know the exact length of time.
Mr. Miller: Let me continue. This came before the Board of Selectmen (inaudible) but there were no documents available and my question basically is as we consider these kinds of issues it seems to me it is proper for the town to make available when the first warning of the (inaudible) comes out (inaudible) so that anyone interested can have time to read them before they come out and vote and it is not just this particular issue (inaudible).
Mr. Mazzucco: There is a representative from the Board of Selectmen here to hear and make note of your concerns. Would you like a few minutes to read through the items or do you have any questions for town counsel on them.
Mr. Miller: Well I think it is a little too late for that.
Mr. Mazzucco: (Inaudible)
Mr. Miller: (Inaudible)
Ms. Miller: Well I think he can summarize (inaudible).
Mr. Miller: Well I heard the summary and I understand, I understand what is going to happen if we approve this tonight. My point is that if (inaudible) to be made available to the public (inaudible) because it is all based on faith that the attorney’s representing the town and the attorney’s for the CL&P have done their homework and the language is proper.
Mr. Mazzucco: I can’t comment on the overall policy but I certainly wouldn’t want you to feel that you are being rushed into a decision tonight and if you want to take a few minutes I have no problem extending the proceedings for a few minutes while you look through the documents and ask questions if you like.
Mr. Miller: (Inaudible) I will ask that Ms. Miller has heard my comments. The second question, is there any.
Ms. Miller: I can tell you (inaudible) and I have read the documents before the meeting so that if you want to ask me a question about them (inaudible).
Mr. Miller: Well not having an opportunity to read the documents, I can’t ask any questions. I know you are an attorney by trade and I know how you will respond (inaudible) selectman but I don’t have time and I don’t think it is proper for me to review these right now and ask any questions but as a selectman Ms. Miller, I hope you hear my message. The second question. Is there any net cost to the town for the transfer of property?
Mr. Mazzucco: Would Ms. Miller or Attorney Frank be prepared to answer that?
Mr. Frank: Other than.
Ms. Miller: (Inaudible)
Mr. Frank: (Inaudible)
Mr. Miller: But it’s nominal attorney’s fees (inaudible) town’s attorneys (inaudible).
Mr. Frank: Probably. It is my job (inaudible) at an hourly rate (inaudible).
Mr. Miller: How much would that normally be?
Mr. Frank: I don’t have that figure.
Mr. Miller: Mrs. Miller, can you, do you know what those, what that cost would be?
Ms. Miller: Not now. I will when I sign the check but I will say that, and correct me if I’m wrong, but isn’t there, you said the DEP is involved. That means that when you have, this is my understanding, that you know, (inaudible) that when you have, I believe this is what happened over at Diamond Hill over at the transmission station, where you give one easement you can get, you get another one in exchange for that in order for the DEP to be satisfied. In other words (inaudible) something that in (inaudible) required because the DEP got involved but once you are changing an easement (inaudible) which is what we did, you had the ability to actually profit from it by getting a really
good piece of roadside right-of-way, not right-of way, a roadside easement, conservation easement on Whortleberry. So if you look at the map and we do have some nice, am I right so far?
Mr. Frank: Yes. Go ahead.
Ms. Miller: So, okay, well, (inaudible).
Mr. Frank: It’s a swap. (Inaudible)
Ms. Miller: Okay (inaudible).
Mr. Mazzucco: It might be better if you two can move closer to the microphone, if you wouldn’t mind.
Ms. Miller: So this adjustment over here (inaudible). It’s not that we own it (inaudible). You can’t use motorized vehicles on it. I don’t know if you can use bicycles.
Mr. Frank: Bicycles are prohibited.
Ms. Miller: Okay, bicycles are prohibited. So you get this nice piece right here right on the land on the road (inaudible) which is an obvious value. It can’t be sold but (inaudible) but it is a way of keeping the roadside free of development. Is that correct?
Mr. Frank: That’s correct.
Ms. Miller: Okay, so I regard it (inaudible) as a valuable plus.
Mr. Miller: (Inaudible)
Ms. Miller: You are asking if there are net costs and this really is in response to that question. Yes, it will cost us money but yes we are also getting a great, valuable, I don’t know if it has a monetary value per say but it has value for the actual continuation (inaudible).
Mr. Miller: So on the surface it’s quip pro quo?
Ms. Miller: You mean because (inaudible).
Mr. Miller: CL&P.
Ms. Miller: (Inaudible) didn’t have the.
Mr. Miller: They initiated this.
Mr. Frank: The town had previously approved (inaudible) .37 acres used to devise compensation to some of other lands that have similar characteristics (inaudible). So that is why we are coming back here to a town meeting to make that change that requires approval by a town meeting.
Mr. Miller: So, the DEP is the one that is contributing to the costs that the town incurs for the transfer of property. It is not CL&P.
Mr. Frank: No.
Mr. Miller: CL&P offered a trade. DEP got involved and required certain criteria (inaudible).
Mr. Frank: CL&P offered (inaudible) and DEP insisted that there be a (inaudible) swap (inaudible).
Mr. Miller: (Inaudible) monetary consideration (inaudible).
Mr. Frank: DEP (inaudible).
Mr. Miller: I know that. CL&P was willing to pay, swap.
Mr. Frank: Swap.
Ms. Miller: No, pay or swap.
Mr. Miller: Pay or swap.
Mr. Frank: Correct. Initially they were going to pay.
Mr. Miller: And then DEP got involved.
Ms. Miller: Yes.
Mr. Frank: DEP from the get-go they were requiring (inaudible).
Mr. Miller: So their decision was swap land, that’s it.
Mr. Frank: Yes, except the Nature Conservancy is still getting their portion of the original (inaudible).
Ms. Miller: Because they are not on the conservation easement. It is strictly through the (inaudible).
Mr. Miller: Okay, thank you.
Mr. Frank: I hope we answered.
Mr. Miller: I would have had a list of questions had I had time to look through (inaudible) before the meeting tonight but I think you have done the best you can under the circumstances without having made available these documents (inaudible). Thank you.
Mr. Mazzucco: Does anyone else have questions or comments concerning Item 1 on the agenda? Hearing none, I am going to put Item 1 to a vote. All those in favor of the motion to approve a modified CL&P easement on Town and Nature Conservancy property on Whortleberry Road please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? Hearing none, I declare the motion to be approved unanimously. We have a second item on the agenda. Would anyone care to make a motion for the second item?
Audience: I move we approve the second item.
Mr. Mazzucco: Is there a second?
Audience: Second.
Mr. Mazzucco: Is there any discussion concerning the second item and I recognize that discussion from the first item will carry over to all four. Is there any further discussion on Item 2. Hearing none, I will ask for a vote on Item 2 which is a motion to approve the acceptance of a Conservation Easement and Restriction from the Quinnehtuk Co., a/k/a the Quinnehtuk Company on 0.37 acres of land south of Whortleberry Road. All those in favor please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? Hearing none, I declare this motion also unanimously passed. Let’s move on to Item 3 on the agenda. Would anyone care to make a motion?
Audience: So moved.
Mr. Mazzucco: Thank you, Ms. Miller. Is there a second?
Audience: Second.
Mr. Mazzucco: This item is now before the meeting. Is there any discussion of Item 3 on the agenda recognizing again that discussion from Item 1 has carried over here. Hearing none, I will put Item 3 to a vote. Do I have a motion to approve the assignment of the town’s interest in the above-referenced Conservation Easement and Restriction of the State of Connecticut. I (inaudible) that’s to the State of Connecticut.
Audience: (Inaudible)
Mr. Mazzucco: There appears to be a typographical error so I am going to interpret Item 3 as a motion to approve the assignment to the State of Connecticut. Is there any discussion on Item 3? In that case, all in favor please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? I declare Item 3 unanimously approved and at this point we will move on to Item 4 on the agenda (inaudible).
Audience: I move we authorize Natalie Ketcham to execute any and all documents required to implement the conveyances.
Mr. Mazzucco: Thank you. Is there a second?
Audience: Second.
Mr. Mazzucco: Is there any discussion of Item 4? All right then, hearing no discussion on it I will put Item 4 to a vote. All those in favor of the motion to authorize the First Selectman, Natalie Ketcham to execute any and all documents required to implement the conveyances noted above, please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? Hearing none, I declare Item 4 as passed unanimously. Is there any other business to come before this meeting? Yes, sir?
Mr. Miller: James Miller. This is a problem, Mr. Moderator, if you would allow me to continue (inaudible). You just corrected Item 3 and I have had issues with town warnings in the past not properly worded. My issue is who writes and reviews these notices of town meetings to make sure they represent what the town is asked to approve (inaudible) and that the language is proper in every way. There is nothing that we can do about this (inaudible) we need to pay closer attention to wording of these special town meeting notices and regular town meeting notices.
Mr. Mazzucco: I appreciate that comment sir. Let me circle back to what I think is your specific concern and that is the interpretation of Item 3 since there seems to be a typographical error. I don’t think that the town meeting as a body has the authority to amend (inaudible). However, when a typographical error is obvious like this I think it is within both of our abilities (inaudible) to make a correction. Your point is well taken because the motion (inaudible) amended at the town meeting. I’m sure every one who is involved in that process will hear about this.
Mr. Miller: I recognize your comment (inaudible) not accepted by the moderator. (Inaudible) Do they represent what the town (inaudible) grammatically correct?
Mr. Mazzucco: Point well taken. Is there any other business to come before tonight’s meeting?
Audience: I move we adjourn.
Mr. Mazzucco: Is there a second?
Audience: Second.
Mr. Mazzucco: Any discussion? Than (inaudible) all those in favor of adjourning tonight please signify by saying aye.
Audience: Aye.
Mr. Mazzucco: Any opposed? Thank you all for coming.
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