SEYMOUR – Citing a lack of probable cause, the members of the Seymour Board of Ethics voted unanimously Monday to dismiss a complaint against a town official.
The proceedings — seven meetings in all — have been confidential, with town officials saying they can’t reveal who filed the complaint and who it was against.
However, two independent sources said the complaint was filed by Kim Dulka Warner, the owner of Red Clover Farms, against Al Bruno.
Bruno is a member of the Seymour Board of Selectpersons who filed a complaint with the zoning department April 9, alleging the farm was violating zoning rules. Bruno lives near the farm.
Since the ethics board found no probable cause, the formal allegations Dulka Warner lodged will not be released to the public, according to Seymour’s Code of Ordinances. The code outlines the ethics board’s policies and procedures.
No one from the public attended Monday’s meeting.
The Valley Indy reached out to Dulka Warner after the meeting. She declined comment for this story.
The Valley Indy also reached out to Bruno after the meeting but did not hear back.
Jeffrey Donofrio, a lawyer with Ciulla & Donofrio, LLP, was hired by the town to guide the board through the legal process.
Donofrio declined comment about the investigation following the board’s vote to dismiss the complaint.
“By state law it’s all confidential, and it stays confidential,” Donofrio said.
Stephan Behuniak, the board’s chairman, also declined comment about the process since the board first began meeting over the complaint on July 14.
“It’s confidential and the motion speaks for itself,” Behuniak said.
Donofrio told the Valley Indy via an email earlier Monday that the parties involved –the person who lodged the complaint and the person the complaint was about – will be notified in writing of the board’s decision within three business days of the board’s decision.
The ethics complaint stemmed from a land use dispute between Bruno and Dulka Warner. A summary of the history is below.
Background
*On April 9, Al Bruno filed a complaint with the town, noting the farm is in a residential zone but was being used as a commercial business.
*On April 13, the Seymour Zoning Enforcement Officer issued a cease and desist letter, ordering Red Clover to stop the unregulated commercial activities.
*Dulka Warner appealed the ZEO order to the Seymour Zoning Board of Appeals, whose members held a series of meetings starting in May.
*As the ZBA hearings started, First Selectwoman Annmarie Drugonis offered a compromise. She asked members of the Seymour Planning and Zoning Commission to explore adding “agritourism” to the Seymour land-use rules.
*In August, the members of the ZBA ruled that the cease-and-desist against the farm was lawful, but that the town would hold off on enforcement. They held off so that the PZC could finish their work with “agritourism.”
*Dulka Warner appealed to Superior Court in Derby, asking a judge to throw out the ZBA decision.
*In September, the PZC voted to add “agritourism” to the land-use rules in September. It became law in October. The new rules meant that many of the activities previously not allowed at the farm (according to town land use officials) are now allowed.
*The April cease and desist letter is now void, according to an Oct. 19 court order.
*Dulka Warner’s legal action, however, is still pending. She is considering withdrawing the action. However, she said she recently received permits to conduct activities and has some questions that need answered.
*John Marini is the lawyer representing the ZBA in court. He filed a motion in September asking a judge to dismiss Dulka Warner’s appeal since the town changed the rules for her (and all farms in Seymour).
Monday’s Meeting
This was the seventh time the board met over the complaint. The complaint has been listed on each meeting agenda as “complaint #2026-01.”
Each meeting has been held in executive session, a type of meeting closed to the public. Anyone who participates in executive sessions must be invited, and must have a reason to be there.
Monday’s meeting featured the board going into executive session at 6:04 p.m. and then leaving executive session at 7:01 p.m.
Once it public, the board voted to throw out the complaint.
The board members in attendance Monday (Nov. 9) were Stephan Behuniak, Tom LaPaglia, Kathie Vrlik, and two alternates, Cindy Dion and Rob VanEgghan. A third alternate Alice Levey was not in attendance.
Robert Findley, another ethics board member, was not at the meeting. Bruno, who is a member of the ethics board, was also not at Monday’s meeting. Bruno has not been seated for any of the meetings since the matter surfaced in July.
Bruno and his wife, Kristen Bruno, however, did attend the board’s Nov. 2 meeting. They were invited into executive session, which lasted about 30 minutes. Both declined to comment afterward.
During three previous meetings, Donofrio called in the town’s former and current animal control officers, as well as Drugonis and town attorney Richard Buturla, to be part of the executive sessions. Everyone invited into those executive sessions has declined to comment.