The Board of Selectmen held a regular meeting on Monday, October 6, 2003 in the meeting room at the C. H. Booth Library, Main Street, Newtown, CT. First Selectman Rosenthal called the meeting to order at 7:30 pm.
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski, Selectman William Brimmer
ALSO PRESENT: Finance Director Ben Spragg, Town Attorney David Grogins, Community Development Director Elizabeth Stocker, Town Engineer Ron Bolmer, Legislative Council member Joseph Hemingway, eight members of public, three members of press
VOTER PARTICIPATION: Ms. Barbara O’Connor, 36 Little Brook Lane, stated that trees were recently trimmed along her road and branches were left in her yard. First Rosenthal advised that he will notify CL&P since they are doing the trimming.
Mr. Rick LaBash, 16 Wendover Road, submitted a proposal for a contribution from the town to add to contributions of residents of Wendover Road to purchase 5 acres of land between Wendover Road and The Boulevard for open space.
Ms. Susy Killing, 52a Riverside Road, owner of the 5 acres of land Mr. LaBash discussed, was planning to farm this land which is mostly wetland but there has been opposition from neighbors. She would be interested in selling the land and purchasing a “less controversial” piece.
First Selectman Rosenthal advised that this matter is not on tonight’s agenda but can be discussed at a future meeting. Mr. Bojnowski suggested referring it to the Open Space Task Force for their input.
Ms. Barbara O’Connor, 36 Little Brook Lane, “why people are objecting to blueberries being grown on this property boggles my mind.”
COMMUNICATIONS: None
ACCEPTANCE OF MINUTES: Upon motion by Selectman Bojnowski, the minutes of the 9/15/03 meeting were unanimously accepted as presented.
Upon motion by Selectman Brimmer, the minutes of the 9/19/03 special meeting were unanimously accepted as presented.
UNFINISHED BUSINESS
Wiley Lane – Request for Upgrade and Acceptance as Town Road
This item was moved to end of agenda.
NEW BUSINESS
Presentation on Commerce Road Technology Park
Community Development Director Elizabeth Stocker and EDC member Kim Danziger were present, along with Town Attorney David Grogins.
Ms. Stocker advised that this is the 37.54 acres of industrial zoned land that the State plans to give to the town when we close on the Fairfield Hills property. The town and state had begun discussing this property long before the campus was being considered for purchase. EDC had requested funds in the budget several years ago and this was approved. Ms. Stocker is recommending three different options for this land (see attached memo). The Economic Development Commission is looking for input from the Board of Selectmen.
First Selectman Rosenthal stated that discussion about this property began just after he was elected in December 1997. The state has agreed to give the property to the town with restrictions that the land has to be used for economic development.
Town Attorney David Grogins added that an important issue for the town is whether we want to sell or lease the property as one parcel of raw land; subdivide for industrial use and sell as an improved subdivision in one parcel; or get the industrial subdivision approved and put in a road and utilities and sell as individual lots, possibly 8-10 lots. He would suggest having a wetlands study and preliminary engineering study done.
Mr. Kim Danziger stated that from an investment standpoint, it would be very wise to spend money on engineering to find out what we could yield on this property. We probably would not want to execute development ourselves but review again once we have more information to see if it would be in our best interest. State funding may be available for engineering work.
Ms. Stocker advised that as raw land this is worth $40,000 to $60,000 an acre. Subdivided and developed with a road and utilities, it could be worth $500,000 per lot. Road and utilities are estimated at $1 to $1.5 million.
Selectman Bojnowski moved to fund a wetlands study and preliminary engineering study to help determine the direction to take regarding the Commerce Road Technology Park. Motion seconded and unanimously carried.
The Trust for Public Land – Feasibility Analysis of Open Space Bond
Mr. Tim Northrup, State Director for The Trust for Public Land gave a Powerpoint presentation on the Trust’s Conservation Finance Program whereby they work with communities to design conservation measures that create funding for open space purchases. TPL is a non-profit group and can provide a study of Newtown’s needs for approximately $3,000.00.
First Selectman Rosenthal pointed out that the Board of Finance is the financial planning agency of the town and the Legislative Council is the overall financial group. He asked Mr. Northrup to prepare a proposal that could be discussed with them.
Tercentennial Committee – Appointment of Steering Committee
Mr. Dan Cruson and Ms. Mae Schmidle were present. The committee has had several meetings already, with Selectman Brimmer and First Selectman Rosenthal in attendance.
Mr. Cruson stated that this is an excellent group of individuals that have stepped forward and are willing to take on this project. They are now looking for official recognition from the Board of Selectmen so that they can be set up as a non-profit group.
Selectman Brimmer moved to appoint twelve members, plus the First Selectman as an ex-officio member, as the Newtown Tercentennial Committee (Attachment B) and to support the Statement of Purpose developed by the committee. Motion seconded and unanimously carried.
Driveway Bond Releases/Extensions
Selectman Bojnowski moved to release seventeen (17) driveway bonds as outlined on Attachment C. Motion seconded and unanimously carried.
Selectman Bojnowski moved to approve six month extensions for three (3) driveway bonds as outlined on Attachment C. Motion seconded and unanimously carried.
Maintenance Bond Release, Lafayette Trail, “Tamarack Woods” Subdivision
Selectman Brimmer moved to release maintenance bond in the amount of $11,000.00 for Lafayette Trail, “Tamarack Woods” Subdivision. Motion seconded and unanimously carried.
Call of Town Meeting
First Selectman Rosenthal advised that both the Board of Finance and Legislative Council have approved a special appropriation of $400,000.00 for the 2003/2004 Education Budget. This is the amount of money they receive in cash receipts for sports, etc. This action will increase the budget side and the revenue side, which makes it a wash, but is necessary to allow them to spend these funds.
Selectman Brimmer moved to call a Special Town Meeting on Thursday, October 23, 2003 at 7:00 p.m. in the conference room at Town Hall South, as attached to these minutes. Motion seconded and unanimously carried.
October 2003 Tax Refunds
Selectman Brimmer moved to approve October 2003 Refund No. 5 in the amount of $43,306.38. Motion seconded and unanimously carried.
Appointments/Reappointments – None
Legal Matters – None
OLD BUSINESS
Wiley Lane – Request for Upgrade and Acceptance as Town Road
Several months ago, Attorney Savarese sent a letter on behalf of his clients on Wiley Lane who were requesting that the town upgrade and accept the road, with their commitment to accept 50% of the cost, as per the Newtown Road Ordinance. The Board of Selectmen had asked the Public Works Director to estimate maintenance costs for this unimproved road. Mr. Hurley submitted an estimate of $4,568 annually for grading (which includes employee time and is not all direct cost). Town Engineer Ron Bolmer had given a very rough estimate of $100,000 total to upgrade the road but pointed out that there are two areas on the road which could cause substantially more cost.
Selectmen Bojnowski and Brimmer both felt that even a $50,000 town cost would require a lengthy pay-back period. It would be hard to absorb a $50,000 cost that was not budgeted for in this year’s budget.
Selectman Bojnowski moved to deny the request for Wiley Lane road improvement and acceptance as a town road, at this time. Motion seconded and unanimously carried.
ANNOUNCEMENTS – First Selectman Rosenthal advised that the next regular meeting is scheduled for October 20, which is the date for Pizza and Politics. That meeting will be rescheduled for Thursday, October 16. The agreement with the State for Fairfield Hills is expected to be ready at that time.
Having no further business, the meeting was adjourned at 9:05 pm.
Jan Andras, Clerk
Attachment A: Letter from Community Development Director
Attachment B: Tercentennial Committee
Attachment C: Driveway Bond Releases/Extensions
Attachment D: Call of Town Meeting
MEMORANDUM
September 30, 2003
To: Herbert Rosenthal, First Selectman
From: Elizabeth Stocker, AICP, Director of Community Development
Re: Discussion of Options for the Development of Commerce Road Technology Park
There are three main options that Newtown should consider for the development of the 37.54 acres of industrial zoned land that the State of Connecticut plans to give to the town.
Sell land as is with covenants protecting public interests and restricting the use for economic development.
Design and win approval from PZC for a subdivision then sell the undeveloped land with covenants protecting public resources and restricting the use for economic development.
Develop site as a municipal development plan (MDP) pursuant to Chapter 132 of the General Statutes of the State of Connecticut
Discussion
As of today’s date we do not have any formal studies or conceptual mapping done for the development of the parcel. The extent of wetland or archeological and other significant public resources that would impact development of the site has not been identified. A best guess estimate of eight to ten lots and a 3,000 linear foot roadway has been used for an assumption in preparing preliminary cost and benefit estimates. However there is no guarantee of the number of lots until wetlands, steep slopes and any other valuable public resources (such as vistas, watercourses etc.) are determined and the Planning and Zoning Commission give an approval. The future connection of the planned roadway to Wasserman Way should also be explored during the site planning exercise.
The first option would be the lowest cost option for the town. The disposition of the real property would follow the rules of the Town Charter under Section 7-90. Costs include the call of the Town Meeting, the costs for an auction or bid of the land and legal costs necessary for the preparation of covenants and the real estate transaction.
The benefit of the first option would be immediate revenue as a result of the land sale. Future development and resulting revenues would be accrued following the private development of the site. Public interests would be protected with covenants placed upon the property with little or no public oversight. Should a buyer decide not to proceed with the immediate development of the land, additional revenues would not increase until a future time.
The second option involves a higher cost and a longer time period than the first option. The benefits include a higher sales price than raw land, more control over the development layout and protection of any public interests identified during the review process. Because the sale of the land would be controlled by the charter, it would be prudent to explore whether or not the added costs would be balanced by the added sales revenue and whether or not it is worth the extra time and administrative over sight necessary to go this way.
The third option would be the most expensive and time consuming of the three options. The undertaking of a MDP would involve appointing the Economic Development Commission or a non-profit development corporation as the development agency for the project. The appointed development agency would prepare and approve a project plan and would undertake the ongoing administration of the development. The town would need to budget for the planning, development and ongoing administration of the project.
While other communities in Connecticut have undertaken small development projects such as this one, they usually occur within a more urban community with more resources including financial assistance from the state. The question that the town must answer, is, does the EDC have the desire or where with all to undertake the role as a development agency or does the town have to appoint a not for profit development corporation to under take the project? Does Newtown have the desire to expend resources, give powers to a development agency and proceed when the project is so small? The preliminary costs for the construction of the subdivision road range from $1.35 million to $1.8 million including all utilities.
The one greatest benefit for developing the land as a MDP would be to have complete public control over the development project. In addition, the value of the subdivision lots would be greater than the first two options. Other benefits include financing options available to a development agency; greater public involvement in the planning and adoption of a development project; flexibility in the allocation of taxes on real property in a development project; the power to transfer real property is given to the development agency and the project would be eligible for state planning and development grants.
Based on Newtown’s recent history involving the master plan for the redevelopment of Fairfield Hills, it would be my recommendation that the town prepare a conceptual development plan to determine the general layout and lot yield of the subdivision, identify important public resources that should be protected and the extent of covenants that will go with the sale of the property under options 1 or 2.
TERCENTENNIAL COMMITTEE
MEMBERS TO BE APPOINTED
Mr. Daniel Cruson, 174 Hanover Road, Newtown
Mr. Gordon Williams, 32 Main Street, Newtown
Mr. John Martocci, 4 Pinnacle Drive, Newtown
Ms. Janet Woycik, 36 Grand Place, Newtown
Ms. Mae Schmidle, Echo Valley Road, Newtown
Ms. Cindy Simon, 17 Jeremiah Road, Sandy Hook
Ms. Barbara Kasbarian, 1 Brassie Road, Newtown
Mr. Scudder Smith, 57 Elm Drive, Newtown
Mr. William Brimmer, 8 Hattertown Road, Newtown
Mr. John Trentacosta, Newtown Savings Bank
Ms. Julia Wasserman, Walnut Tree Hill Road, Sandy Hook
Ms. Brigette Sorenson, 160 Boggs Hill Road, Newtown
First Selectman Herbert Rosenthal, ex-officio
BOARD OF SELECTMEN MEETING
OCTOBER 6, 2003
DRIVEWAY BOND RELEASES/EXTENSIONS
Date Posted
RELEASE
KEITH TUFFY, Mountain Manor Road, Map 51, Block 2, Lot 27 $ 500.00 07/01/02
RJS BUILDERS, Jacobs Lane, Map 35, Block 7, Lot 53 $ 500.00 05/13/02
QRE LLC, 1 Quarry Ridge Road, Map 45, Block 3, Lot 56 $ 500.00 09/24/02
QRE LLC, 18 Quarry Ridge Road, Map 45, Block 3, Lot 50 $ 500.00 12/04/02
QRE LLC, 4 Quarry Ridge Road, Map 45, Block 3, Lot 43 $ 500.00 11/20/02
OAK STREET DESIGN, 4 Cider Mill Road, Map 51, Block 8, Lot 120 $ 500.00 10/31/02
TILSON CONSTRUCTION, 11 Pearl Street, Map 38, Block 9, Lot 45 $ 500.00 05/07/02
TOLL BROS., 3 Pondview Drive, Map 5, Block 10, Lot 4 $ 500.00 05/07/02
TOLL BROS., 48 Farrell Road, Map 3, Block 2, Lot 30 $ 500.00 03/22/02
DAVID ELLIOTT, 3 Kay Lane, Map 3, Block 5, Lot 19 $1,000.00 09/17/03
GARY TANNENBAUM, 32 Pond Brook Road, Map 4, Block 5, Lot 5 $ 500.00 10/31/01 (variance)
SAMAHA LLC, Old Green Road, Map 25, Block 5, Lot 34.01 $ 500.00 10/04/02
GREGORY STEN, Jordan Hill Road, map 54, Block 1, Lot 6 $ 500.00 09/14/01
VINCENT HARKINS, 7 Silver City Road, Map 21, Block 1, Lot 63 $ 500.00 10/18/02
JAMES SIMPSON, Deerfield Drive, Map 45, Block 1, Lot 29 $ 500.00 02/12/02
MARIO MASTRANTONI, 6 Cider Mill Road, Map 51, Block 8, Lot 119 $ 500.00 11/13/02
GREEN MOUNTAIN BLDRS., 11 Cider Mill Road, Map 51, Block 8, Lot 111 $1,000.00 10/06/03
REQUEST FOR 6 MONTH EXTENSION
MATHISON CONSTR., 18B Philo Curtis Road, Map 44, Block 1, Lot 84 $ 500.00 03/26/02
(construction delayed due to weather)
ROBERT FINUCANE, 40 Boggs Hill Road, Map 15, Block 5, Lot 11 $ 500.00 02/21/02
(construction delayed to due scheduling of contractor)
RESIDENTIAL DEV. GRP., 12 Grace Moore Road, Map 54, Block 9, Lot 95 $ 500.00 03/25/02 (heavy equipment scheduled – delaying final paving)
TOWN OF NEWTOWN
NOTICE OF SPECIAL TOWN MEETING
Electors and citizens qualified to vote at Town Meetings of the Town of Newtown are hereby duly notified and warned that a Special Town Meeting of the Town of Newtown will be held on Thursday, October 23, 2003 at 7:00 o’clock p.m. (E.D.T.) in the conference room at Town Hall South, Three Main Street, Newtown, Connecticut for the following purposes:
To consider and act upon a recommendation by the Legislative Council to approve a special appropriation in the amount of $300,000 for the 2003/2004 Education Budget to be funded by cash receipts credited to the General Fund for school-generated fees.
To transact any other business proper to come before the meeting.
Dated at Newtown, Connecticut, this Sixth Day of October 2003.
A Majority of the Board of Selectmen:
_______________________________
Herbert C. Rosenthal, First Selectman
_______________________________
Joseph Bojnowski, Selectman
_______________________________
William Brimmer, Jr., Selectman
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