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Minutes 5-4-09
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN

The Board of Selectmen held a regular meeting on Monday, May 4, 2009 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT.  First Selectman Borst called the meeting to order at 5:00 p.m.

PRESENT:  First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal.

ALSO PRESENT:  Finance Director Robert Tait, Town Engineer Ron Bolmer, Town Attorney David Grogins, Police Chief Kehoe, Human Resource Administrator Carole Ross, seven members of the public and two members of the press.

VOTER COMMENTS:  none

ACCEPTANCE OF MINUTES:   Selectman Rosenthal moved to accept the minutes of 04/20/09.  Selectman Mangiafico seconded.  All in favor.

NEW BUSINESS:
Discussion and possible action:
1.  Resolution:  RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN THE AMOUNT OF $38,826,000 FOR THE PLANNING AND  CONSTRUCTION OF ADDITIONS AND RENOVATIONS AT NEWTOWN HIGH SCHOOL AND AUTHORIZING THE ISSUANCE OF $38,826,000 BONDS OF THE TOWN TO MEET SAID SPECIAL APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.  Selectman Rosenthal waived the reading of the entire resolution.  Selectman Mangiafico seconded.  All in favor.  

Selectman Rosenthal moved the above resolution for discussion.  Selectman Mangiafico seconded.  Selectman Mangiafico commented that the high school expansion bids coming in less is one good thing that has happened as a result of the deteriorating economy.  Selectman Rosenthal questioned why the debt cannot be approved at the lesser amount.  Attorney Grogins stated he spoke with the bonding company.  It is their belief that, procedurally, the borrowing can be authorized at the amount of the special appropriation but no lower at this point.  The bonding will not be done until the project is complete; at that time less can be bonded.  The appropriation and the borrowing resolution have to be the same amount.  Selectman Rosenthal’s concern is that once more than necessary is approved, more than necessary will be spent.  Bob Mitchell, Chair of the Public Building & Site Commission said the project is $1.1 million under the $38,826,000 that was approved by the voters.  Mr. Mitchell’s recommendation is to hold the $1.1 million in contingency to spend when required.  10% of the project is contingency.  Contingency is not a savings account; it will be used at some point on the project.  The total project is $37,709,000, the full package the town approved originally, including the alternates.  Selectman Mangiafico questioned the bonding of $38.3 million if the project is $37.7 million with almost $4,000,000 in contingency.  First Selectman Borst stated the resolution can be authorized for $38.8 million and bonded for $37.7 million.  Performance bonds cover up to the bid amount.  Above resolution passed unanimously.  (Att. A).


Selectman Rosenthal moved to authorize Morganti to commence with his Guaranteed Maximum Price contract of $33,729,052.  Any items beyond the specified contingency and other items in the project cost summary design phase/construction phase (Att. B) dated May 4, 2009 would have to come back through the Public Building & Site Commission and the Board of Selectmen for anything more than $37,709,000.  First Selectman Borst seconded.  All in favor.
2.  Appointments/Reappointments:  Selectman Rosenthal moved the First Selectman to appoint Emily Howard (D), 53 Schoolhouse Hill Rd. and Jennifer Rogers (R), 43 Flat Swamp Rd. to the Cultural Arts Commission for terms to end on January 7, 2010.  Seconded by Selectman Mangiafico.  All in favor.  
       3.  Driveway Bonds:  Selectman Rosenthal moved the release of drive way bond in the amount of $1,000 to B & B Home Improvement, LLC, Butterfield Road, M5, B13, L14.2.  Selectman Mangiafico seconded.  All in favor.
      4.  Maintenance Bond Release:  Winton Farm Rd. & Short Hill Road,
           Phase III Subdivision:  Selectman Mangiafico moved the release of $46,400.00 in maintenance bonds as per recommendation by the Town Engineer.  Seconded by First Selectman Borst.  All in favor.
5.      Additions to CIP:  Selectman Rosenthal moved to add Alexandria Room renovations and the Town Hall & Senior Center Handicap Door openers to the 2008/2009 CIP.  Seconded by Selectman Mangiafico.  All in favor.
6.      Board of Assessment appeal:  Selectman Mangiafico moved to authorize the First Selectman to direct the Town Attorney to defend the Town in the matter of E&A/I&G Sandhill Plaza, LTD Partnership vs. Town of Newtown.  Seconded by Selectman Rosenthal.  All in favor.  

Selectman Rosenthal moved to enter executive session to discuss a labor contract.  Invited to attend were Bob Tait, Carole Ross and Chief Kehoe.  Selectman Mangiafico seconded.  All in favor.  Executive Session was entered into at 5:31 p.m. and returned to regular session at 6:05 p.m. with the following motion:

Selectman Rosenthal moved to approve the Police Union Contract duration
July 1, 2008 thru June 30, 2011.  First Selectman Borst seconded.  Motion carried unanimously.
      
     ANNOUNCEMENTS:  none

ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 6:07 p.m.

Respectfully Submitted,                                                         

________________________
Susan Marcinek, Clerk

Att. A:  High School Resolution
Att. B:  Project Cost Summary Design Phase