Middlebury Bee 022114

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“Act as if what you do makes a difference. It does.” ~ William James

Prst. Std. U.S. Postage Paid Naugatuck, CT #27

FR EE

Bee Intelligencer Informing the towns of Middlebury, Southbury, Woodbury, Naugatuck, Oxford and Watertown AN INDEPENDENTLY OWNED FREE COMMUNITY NEWSPAPER

Volume X, No. 8

Friday, February 21, 2014

Alleged tree-cutter expected at next week’s CC meeting By MARJORIE NEEDHAM Town Attorney Dana D’Angelo said Wednesday she expects Joseph Bernardi to appear before the Middlebury Conservation Commission (CC) at its meeting next Tuesday at 7:30 p.m. at Shepardson Community Center. Following Bernardi’s failure to appear at the Jan. 28 meeting regarding allegedly cutting down trees on wetlands, the matter was referred to D’Angelo. Bernardi, a principal in Brothers Tree Service LLC, is alleged to have cut down trees on wetlands at Lot 119 Regan Road without a required permit. It appears Bernardi owns a 50-percent share of the property where the trees were cut. D’Angelo said Bernardi told her he is trying to buy the other 50 percent. That 50 percent was owned by the late David Johnson of 275 Porter Avenue, who died in 2007, and it is tied up in probate. Based on conversations at CC meetings, we have been reporting the property belonged to David. We apologize for not knowing David was deceased. D’Angelo said Bernardi told her he didn’t appear at the Jan. 28 CC meeting because he is retroactively applying for a permit and hadn’t yet gotten all the abutting neighbors to sign off on it. In the meantime, because state statue considers all property owners liable, David’s widow, Jomarie, has also been sent violation notices and a cease-and-desist order. Jomarie told us she saw Bernardi out on the property last fall operating a huge piece of machinery that was “devouring” trees. At that time, she didn’t know he owned any part of the property. She said she started running through the woods to tell him to stop, but she has a bad knee, so she had to get in her car and drive to Bernardi’s house on Regan Road to get him to stop. “That man just took down everything,” Jomarie said. “I left that morning and came back and he was out there with a big machine that cut down everything … He went crazy cutting everything down.” It was a Saturday, Jomarie said, and she had just come back from the store. She said Bernardi was back out there running the machine Sunday after church. This newspaper called Bernardi, but he declined to comment on the matter. Jomarie said until Bernardi started cutting down the trees she had no idea he owned any part of the property. Based on legal filings, it appears David and his first wife, Jean, owned equal shares of the property. They were divorced, and Jean sold her share to Bernardi in 2008. Jomarie said the trees and brush before the cutting were so thick it gave her and the Perrottis, who live next door, privacy. “It was very dense,” she said. Now, when you drive down Regan Road and look behind the Bernardi residence, you can see clear through to the Perrotti’s back yard. “He took down huge trees,” Jomarie said. Wetlands Enforcement Officer Deborah Seavey said the original violation letters informing them they were cutting trees in the Hop Brook Wetlands Review Area were sent in August 2013. It is noted in the file that Jomarie responded to that letter by informing Seavey that Bernardi, a resident of 450 Regan Road, did all the cutting. Seavey said state statute regulates wetlands and what can be done on them. Anyone wishing to make a change on wetlands is required to file a formal application and appear before the conservation commission before proceeding.

Middlebury Public Library Director Jo-Ann LoRusso, center left, and Library Board of Trustees Chairman Joan King, center right, are shown during happier times at the ribbon cutting ceremony last November for the newly renovated library. (Marjorie Needham photo)

Board chair banned from library By MARJORIE NEEDHAM Middlebury Library Board of Trustees Chairman Joan King has been banned from entering the library except to attend the monthly library board of trustees (LBoT) meetings. In a letter served on King last Friday by a state marshal, Middlebury First Selectman Edward B. St. John told King he prohibits her, until further notice, “from entering the Middlebury Public Library, except to attend meetings of the Library Board.” He further prohibited her from making any contact, direct or otherwise, with Library Director Jo-Ann LoRusso or any library staff. He specified there was to be no contact of any kind – letter, email, phone, direct or any other type of contact. He warned her that refusal to abide by the directive would be consider a trespass on town property and/or harassment and would be dealt with accordingly. St. John’s letter said his action is in part a response to King’s refusal to consider a memorandum town attorney Robert Smith hand carried to the LBoT meeting Feb. 11. King did not add the letter to the night’s agenda. She said it would be considered at the trustees’ March meeting. The letter said it also was in part a response to a Feb. 7, 2014, letter to St. John from LoRusso in which LoRusso alleged King is harassing her and interfering with day-to-day operations at the library. LoRusso said in her letter that in October she tried to stop King from interfering with daily operations at the library by discussing examples of such interference with her. From that time forward, LoRusso said, King was hostile and verbally abusive towards her.

LoRusso also said King told her in a November meeting requested by King, “You are as good as done.” When King left that meeting, LoRusso said, King turned to LoRusso, pointed her finger, and said, “If I were you I would watch myself.” King, a retired English teacher who has served on the LBoT more than 30 years, said Wednesday of the letter delivered to her Friday, “It is disturbing to receive a letter like this.” She said there are inaccuracies in the letter, but she doesn’t want to talk about them until she has discussed them with legal counsel. She said St. John had met with her in November. “It wasn’t any sort of a harsh conversation. It was a casual conversation,” she said. However, following the conversation, King said she never spoke to LoRusso again about anything to do with the library except at library board meetings. King said she saw Smith at the library Tuesday night, Feb. 11, as she was walking through the library on her way to the trustees’ meeting in the Connecticut History Room. She said she greeted him and told him she was on her way to the meeting. “Bob did not ask me to put anything on the agenda,” King said. “I said to him, ‘You’re not on the agenda. Is there anything I need to do?’” She said he didn’t say anything during the meeting, but he did hand out the memorandum to everybody. “I didn’t read it until I got home,” King said. She said she didn’t read the memorandum earlier because the meeting was about to start. “I was not told I needed to address it or contacted by Ed at all. I have not talked to him since November. Ed never talked to me about any of this.”

The Feb. 11 memorandum, addressed to King with copies to the other trustees and to LoRusso, was submitted by Smith at the request of St. John. It was to address questions raised in the Jan. 23 joint meeting of the Board of Selectmen and library trustees (King was absent), complaints made to the first selectman and questions King raised in her letter to the editor published in this newspaper Feb. 7. It said her letter revealed “a serious misunderstanding of the authority of the library board,” a misunderstanding thought to have been resolved at the Jan. 23 meeting. It said her letter to the editor ignored both the explanation of the board’s authority given at the Jan. 23 meeting and also ignored the first selectman’s directive Jan. 23 that she have Smith attend the trustees’ Feb. 11 meeting to further explain the LBoT’s authority. The letter reiterated that the LBoT is responsible for only general policy relative to the library and has no authority in decisions on contracts with vendors or day-to-day operations at the library. It noted the first selectman supervises the LBoT and the library director is a town employee. The letter also noted the library board has no specific authority to adopt its own bylaws, as it has done, but the bylaws don’t become a problem as long as the trustees don’t interpret them to grant the trustees authority they do not otherwise have. King said she had done a lot to help LoRusso as she stepped into her new role as library director. “My help was not unsolicited,” King said. “When the library moved back into its regular home (from the temporary quarters on Park Road Extension), the relationship changed because my help was no longer needed.”

Beware of scam using fake Malloy letter HARTFORD — Department of Consumer Protection Commissioner William M. Rubenstein, Attorney General George Jepsen and Department of Emergency Services and Public Protection Commissioner Dora B. Schriro are advising residents to avoid responding to a letter claiming to be from Governor Dannel P. Malloy and bearing a replica of his signature, informing them that in return for a cash payment to cover state taxes, they will receive the Reader’s Digest Sweepstakes prize of $5 million and a Mercedes Benz vehicle.

“This letter is not from any office within the State of Connecticut, particularly that of the governor,” Rubenstein said. “Rather, it’s a common example of a scam letter, replete with certain clues that easily give it away as such. We urge anyone receiving this communication to ignore it, and certainly do not send money as requested. Loud alarm bells should go off anytime you are told you won a contest that you did not enter, or that you are required to pay money before receiving a prize. Those are telltale signs of a scam.”

Adoptable Pets................ 8 Book Review................... 2 Classifieds....................... 7 Community Calendar....... 2 Fire Log........................... 2 In Brief............................ 4 Library Happenings.......... 2

Nuggets for Life.............. 6 Obituaries....................... 5 Puzzles........................... 7 Region 15 School Calendar....3 Senior Center Events....... 3 Sports Quiz..................... 6 Varsity Sports Calendar.... 6

Editorial Office: Email: mbisubmit@gmail.com Phone: 203-577-6800 Mail: P.O. Box 10, Middlebury, CT 06762

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saturDAY Feb. 22

“Scam artists use a variety of techniques – some simple and some more sophisticated – to attempt to obtain money or personal information,” said Jepsen. “This scam is particularly concerning because it uses the governor and the position of authority that comes with his office in an attempt to appear legitimate. All residents should use caution when it comes to unsolicited phone calls, faxes, letters or emails.” “Residents should be wary of any solicitation involving personal information or the transfer of any monies either

by credit card or wire transfer,” said Schriro. “We need to continue to be vigilant, as the perpetrators of these crimes know no boundaries.” The fake letter was transmitted via “faxZero,” apparently a free facsimile transmittal service, but could also have been sent to residents via email and U.S. mail. Use of a free delivery service to communicate important information such as prize winnings may be a sign the sender is not legitimate. Other signs identifying this as a bogus message are use of a free fax service, the

sender and email address are a mismatch, and the IP address is from Jamaica. “Becoming familiar with the signs of a scam are important in protecting yourself from fraud, and our SmartConsumer.ct.gov website offers more information under “Scam Signals” to arm yourself with,” Rubenstein said. “In the case of this particular letter, do not respond with a payment, or you will certainly lose your money.”

Harwinton Congregational Church Annual Chicken Barbecue What: When: Where: Cost:

Westover squash team in top three

Barbecued chicken, coleslaw, baked potato, roll, pie and beverage, eat in or take out. Seatings at 4:45 and 6 p.m.; take-out 4:45 to 6:30 p.m. Harwinton Congregational Church at Route 4 and North Road in Harwinton. $14 adults; $8 children under 12. Call 860-485-9308 for reservations and information.

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friDAY Feb. 28

Free Concert at Taft School What: When: Where: Info:

Andrew Armstrong and friends perform classical music on piano, cello and violin. 7 p.m. Walker Hall at Taft School in Watertown. For more information, call 860-945-7898.

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P.O. Box 10, Middlebury CT 06762

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Visit us at 2030 Straits Turnpike, Suite 1 Published weekly by The Middlebury Bee Intelligencer Society, LLC - 2030 Straits Turnpike, Middlebury, CT 06762 - Copyright 2014


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