Special Town Meeting
December 18, 2006
Robert Valentine called the meeting to order at 8:01 P.M
Robert Valentine opened the floor for nominations for moderator. Alan Walker nominated John Breakell, seconded by Robert Goldberg. John Morris closed the nominations and asked the clerk to cast one ballot for John Breakell, seconded by Al Shull.
The Moderator asked the clerk to read the call.
Item #1 Acceptance of Hilltop Drive, Meadow Crest Drive and the Accessway together with Permanent Construction Easement, a 20 foot Fire Tank Drainage Easement, and storm drainage easements
John Morris made a motion to accept item #1 as stated in the call subject to the conditions that the developer comply with its obligations under its Performance Agreement with the town dated June 17, 2004 and any outstanding requirements of the Town Engineer to the satisfaction of the First Selectman. Seconded by Al Shull.
Robert Valentine talked about the town accepting the roads and easements. He stated that he will be keeping a close eye on the conditions and that there are a few minor things to complete.
John Breakell asked for a vote. Passed unanimously.
Item #2 Action on the Highway Department Agreement Resolution
The following resolution was moved by Joan Lang, seconded by John Morris.
“RESOLVED: to authorize and instruct the Selectman to enter into an agreement in the name of and on behalf of the Town of Goshen with the State of Connecticut, Department of Transportation, Bureau of Highways, for the expenditure of all funds available to said Town of Goshen under the provisions of the General Statues relating to town aid for road or highway purposes for the State fiscal year beginning July 1, 2007.”
Robert Richtmeyer asked if this was a budget item and if so why we are voting on this?
Robert Valentine stated that each and every year we come to the town and request this. It is for money that the State provides us to maintain the roads.
John Breakell asked for a vote. Passed unanimously.
Item #3 Appropriation from the general fund undesignated balance to the capital and non-recurring fund an amount not to exceed $75,000 to fund the costs of litigation against Regional School District No. 6 concerning community use of school facilities
J. David Garvey made a motion to adopt the appropriation. Seconded by Robert Goldberg.
Robert Valentine gave a presentation with a brief history of the events leading up to this meeting.
He stated that in 1953 there was an agreement to regionalize the high school. In 1969 Warren, Morris and Goshen considered regionalizing grades K-6. A study committee was formed and a vote was taken on the 1969 report. The 1969 vote failed. The study committee had to disband because of the State Statutes and a new study committee was formed they adopted the 1969 report and added a few new provisions. Some of the provisions that they added were:
#5 no student in grades K-6 will be transported to another town for schooling.
#8 community use of the facilities will continue in the same pattern and the three members of the school board for that town will over see the facilities.
The 1970 report vote did pass and the district was then K - 12.
He further stated that the Board of Education initially decided in 1990 to create a fee use policy for Recreation Commissions and other groups. This policy has not been enforced and the Board recently decided to implement the fees policy.
The three Selectmen of each of the towns went to the Board of Education and made the Board of Education aware of the March 3, 1970 Study Committee report and its provision #8 which they believed would prohibit charging the towns. The Board of Education asked for a legal opinion from their attorney, Shipman & Goodwin. In brief, their attorney reviewed the 1970 meeting minutes of the committee and stated that it is not a legally binding contract.
The Town of Goshen asked town attorney, Chip Roraback for a legal opinion. His opinion in brief is that the study committee stated that the community use shall be continued and there has not been an amendment to the 1970 agreement. It further states that the agreement can only be amended by referenda. The plan can be changed in accordance with state statute.
Mr. Valentine stated that he had gone through the Goshen Board of Education minutes and the Regional Board of Education minutes from 1964 - 1976 and that he had found only one instance of them charging fees for the use of the facilities. Father Ripley had catechism class here and one year he volunteered to pay for something. The Goshen Board of Education stated that he could pay for janitorial services if he would like. In the 1970’s minutes Region 6 wanted people to use the facilities, they were encouraging it. If you wanted to use the facilities in Goshen you went to Mickey Grusauskas to get the key.
He went on to state that there are three choices since the Board of Education refused to acknowledge the 1970 agreement: 1. To allow the Board of Education charge fees. 2. To allow a judge to decide. Or 3. To ask the school board to bring it back to the towns people as per our September 27, 2006 call and minutes stated (he read the call of the September 27, 2006). At the September meeting better than 80 people voted unanimously to call a district meeting per State Statute 10-47c. (He proceeded to read the State Statute). He explained that the legislative body is the towns’ people.
Mr. Valentine stated that the Board of Education had sent a letter to each of the Selectmen declining to hold a district meeting. He went on to state that the Board of Education & the Selectmen remain committed to a dialogue and discussion on the cost for use issue.
The Selectmen from all three towns went to the Board of Education two weeks ago and asked the Board to vote to reconsider their decisions. The Board of Education took no action on the Selectmen’s request.
He then stated that this initially started out as an issue of whether fees should be charged and now it has come down to when the towns’ people vote if that vote should count and be heard.
Robert Valentine then explained since the Roraback & Roraback legal opinion the Selectmen have had dialogue with another attorney that has more expertise in the field. Since the meeting with council on Friday, December 15, 2006, Robert Valentine is more confident in proceeding forward at this point.
Robert Valentine said that we are on to the next step, which is to allow an appropriation of up to $75000. This is our only option and some agree and others do not agree. He stated that he hopes that we do not need to use the money, but if we do we have to be ready, willing & able. He will not negotiate away an individual’s vote but he will continue to listen to the school board.
Al Huttig asked if he was correct in assuming that we are really suing ourselves?
Robert Valentine stated that we are not suing ourselves. Region 6 is a separate entity.
Al Huttig went on to say that the money is coming out of our pockets either through the school or through the town.
Greg Mitchell stated that the Recreation Commission is a sub board of the Town of Goshen as is the Board of Education. He went on to say that the Town Meeting form of Government is the oldest form of self-government. He said at a meeting here two months ago we voted on what was in the 1970’s agreement. He hopes that we do not ruin our association with the school. People have fought for the right to vote for many years it is not right for someone to say that we are not going to listen to you. The Town’s people run the town and for a sub board to say to the town that we do not want to listen to your vote is not right.
Robert Richtmeyer was stating that the towns should have followed State Statute 10-238.
It was then stated that the three towns by a town vote recommend a district meeting & a referendum.
Ron Nodine said that debating a law, any attorney will tell you anything you want to hear. He went on to say do not trust lawyers anyway. The Board of Education could have had a meeting.
Jeff Johnson asked if this was a decision was made by a member of school board.
Robert Valentine stated that is was a decision of the board and the superintendent.
Jeff Johnson then asked if there is a procedure to recall the Board of Education?
Robert Valentine stated that he is unaware of a statute for a recall. He went on to say that the members of the Board of Education are good people and a lot of them are his friends. He feels that they are being lead in the wrong direction by the Superintendent and their council. He believes that they should send the March 3, 1970 study committee to Shipman and Goodwin for their review and opinion.
Robert Valentine went on to state what he felt the best outcome would be. He would like to preserve and protect the votes of people of the town and people who fought for the right to vote. One man one vote. There is nothing more fundamental. He is hoping that the outcome will sustain that.
Alan Walker, Chairman of the Finance Board, stated that the Board of Finance unanimously endorses the appropriation of up to $75000. He went on to say that the Board of Education has spent your money for a legal opinion. He stated that you should read the town report to see what has been going on for the past three to four years. He believes that the Board of Selectmen and the Board of Finance has done a good job managing money, and that this money would not be spent unless it was needed.
Al Shull asked if the Town of Warren has already appropriated $75,000?
Robert Valentine stated that the Town of Warren has already appropriated the money and that the Town of Morris will have a town meeting tomorrow night.
Peter Kaufman asked if the Board of Education could appropriate funds to fight this?
Robert Valentine stated that they could, but only by coming back to the legislative bodies of each town. They could also re-appropriate current money.
Ron Nodine moved to call the question.
John Breakell asked for a vote. 44 in favor and 3 against.
Alan Walker made a motion to adjourn at 8:47 P.M. Seconded by Catherine Corwin.
Respectfully submitted,
Barbara L. Breor, Town Clerk
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