MINUTES OF THE REGULAR MEETING OF THE
CORNWALL BOARD OF SELECTMEN
Monday - May 3, 2004 - 7:30 p.m. - Town Hall
PRESENT: First Selectman Gordon Ridgway, Selectman K.C. Baird, Selectman Ken Keskinen, one reporter, two citizens
First Selectman Ridgway called the meeting to order at 7:40 p.m.
APPROVAL OF MINUTES: Selectman Keskinen made the motion to approve the minutes of April 22 and April 29, 2004 as printed. First Selectman Ridgway seconded. Passed unanimously.
ADDITIONS TO THE AGENDA: First Selectman Ridgway made the motion to add to the agenda Appointments and Executive Session: Personnel Insurance Claim and Schaghticoke update to the appeals process. Selectman Keskinen seconded. Passed unanimously.
APPOINTMENTS: The Board discussed two recommendations to the Agricultural Advisory Commission.
First Selectman Ridgway made the motion, upon the recommendation of the Agricultural Advisory Commission Chairman, to appoint Bill Dinneen Jr. and Gerry Scofield to the Agricultural Advisory Commission. Selectman Keskinen seconded. Passed unanimously.
SCHAGHTICOKES: First Selectman Ridgway updated the Board on a press conference called by the attorney general concerning the Schaghticoke appeals process which he attended. First Selectman Ridgway discussed with the board what is being filed. There is no time frame at this point for a decision of the appeal.
COMMUNICATIONS: Mr. Hendon Chubb came before the Board and presented a request in writing which he read:
ŇThe Selectmen have concurred with the opinion of the Town Counsel that Ňthe Town Meeting as a legislative body only has local jurisdiction specifically to Cornwall and cannot decide for state and federal issues.Ó Town ordinances are, of course, local matter. I respectfully request the Selectmen to call a town Meeting to consider the following town ordinance, subject to the having the Town Counsel convey the sense in more appropriate legal language if necessary:
1. It shall be the policy of the Town of Cornwall to cooperate with investigations conducted under the authority of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 to the extent, and only to the extent, required by law.
2. No official or employee of the Town of Cornwall shall release documents sought under the authority of the USA PATRIOT ACT without a written opinion from the Town Counsel that such release is required or an order signed by the judge of a competent court.
3. No official or employee of the Town of Cornwall shall communicate orally or in writing with respect to information sought under the authority of the USA PATRIOT ACT without a written opinion from the Town counsel that such communication is required or an order signed by the judge of a competent court. However in situations involving the immediate threat of bodily injury or death, any Selectman may authorize such communication. The Selectman shall make a full report of such authorization at the next open meeting of the Board of Selectmen.Ó
The Board reviewed the request and discussed it at great lengths with Mr. Chubb, discussing the wording, what the request entails, the availability of town records under Freedom of Information, the mixing of local and federal jurisdictions, what jurisdiction and authorities the Board has (they are not a police force), the jurisdiction of the state police over Cornwall police matters, Mr. ChubbŐs concerns of violation of his and other Cornwall citizenŐs privacy. Mr. Chubb requested a yes/no answer from the Board to his request for them to call a Town Meeting. After further consideration each Selectman individually replied: no. Selectman Baird expressed that there could be a town office policy addressing this.
COMMUNICATION: Paul Baren came before the Board on behalf of the Cornwall Association concerning insurance. The Association has been asked to sponsor various groups in their activities. Presently the Association has no insurance policy for these groups to come under for the use of town properties. Mr. Baren asked the Board just what insurance requirements there are for use of town property and does the town cover non municipal groups. There was discussion of what obligations there are if a group comes under the town umbrella for insurance. They would then be under town control and under town budget restraints. To keep their independence, groups need to be self insured. Mr. Baren and the Board discussed how non profit groups may be able to share an insurance umbrella independent from the town and town restraints. Mr. Baren will check further into this possibility.
TOWN MEETING CALL: First Selectman Ridgway read the draft of the Town Meeting call for the May 21 Annual Budget Town Meeting. First Selectman Ridgway reported the Board of Finance Chairman had reviewed the items on the draft.
First Selectman Ridgway made the motion for the Board to sign the Town Meeting Call for the Annual Budget Town Meeting of May 21, 2004. Selectman Keskinen seconded. Passed unanimously. The Board signed the Call and the Return of Notice.
FOOTE FIELD: First Selectman Ridgway updated the Board on progress of the Foote Field project in applications to the Inland/Wetland Commission, Planning and Zoning as well as DOT approval of driveway location. Park and Recreation is reviewing the plans at their meeting tonight. The Board discussed the size of the ball field. A citizen had come before Selectman Baird requesting a Babe Ruth size ball field. The Board discussed this. The consensus was that a little league field could be used by boyŐs little league, girlŐs softball and community pick up games while the Babe Ruth size would be only applicable to Babe Ruth league. The Board discussed which towns in the area have a Babe Ruth league and the number of kids in Cornwall.
Selectman Baird relayed Mrs. SullivanŐs concerns that the wetland habitat for birds and animals not be disturbed alongside the Foote Field area.
First Selectman Ridgway updated the Board on Mr. BesozziŐs recommendation that an easement crossing his driveway be granted to the town for the purpose of crossing.
BUDGET TRANSFER: The Board reviewed two budget transfers.
First Selectman Ridgway made the motion to transfer $15,000 from 01-470-733-10 Bond 2003 interest to increase 01-425-600-16 Highway Contracted Services to grind tree stumps in town gravel bank.
The Board tabled the second budget transfer request, to increase Park and Recreation programs, for further review.
HEALTH INSURANCE REPORT: First Selectman Ridgway reported that the Deputy Treasurer is looking into options in the health insurance program to save money.
GREENWAY: First Selectman Ridgway reported on a proposal from Housatonic Valley Association and the Housatonic River Commission to open a greenway hiking trail from West Cornwall to Cornwall Bridge over the old road bed along the river. The Board discussed railroad crossings, abutting landowners and old road bed status. The consensus of the Board was this would be a good project, but needed to address areas of railroad, neighbors and parking.
The Board discussed a request for use of the Town Hall for the 8th grade graduation party.
EXECUTIVE SESSION: First Selectman Ridgway made the motion to go into executive session to discuss Personnel, Insurance Claim. Selectman Baird seconded. Passed unanimously. The Board went into executive session at 9:15 p.m.
The Board came out of executive session at 9:20 p.m. No action as taken.
BILL PAYMENT: The Board discussed bills.
First Selectman Ridgway made the motion, upon the recommendation of the School Building Committee, to pay the $6,000 on the Casle Corporation bill, Job #826, Requisition #7, for work done on the fire pond by Pedroncelli. Selectman Baird seconded. Passed unanimously.
Selectman Keskinen made the motion to adjourn, seconded by Selectman Baird. Passed unanimously. Meeting adjourned at 9:35 p.m.
Respectfully submitted,
Joyce Hart
Secretary to the Board of Selectmen