The Board of Selectmen held a regular meeting on Monday, May 5, 2003 at the Multi-Purpose Center, Riverside Road, Sandy Hook, 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 Engineer Ron Bolmer, Town Attorney David Grogins, two members of public, two members of press
VOTER PARTICIPATION – Ms. Barbara O’Connor, Little Brook Lane, attended some of the meetings of the Fairfield Hills Advisory Committee and heard remarks about a building at Fairfield Hills for “starving artists”. As an aging taxpayer, she would be totally opposed to giving artists free “room and board” at Fairfield Hills.
Ms. O’Connor also asked the First Selectman if there has been any talk at meetings with area Mayors and First Selectmen about changing the rule for towns being required to accept lowest bids for work. Mr. Rosenthal advised that our Purchasing Regulations, which were developed by the Legislative Council, call for acceptance of lowest qualified bidder. Most Federal and State funded projects require a sealed low bid process. He agrees it is not the best process to always take lowest bid and the subject has come up at meetings of local Mayors and First Selectmen.
COMMUNICATIONS: First Selectman Rosenthal received six letters from residents of Queen Street who are not in favor of sidewalks being built there. One resident has approached the town several times who does want sidewalks on Queen Street.
ACCEPTANCE OF MINUTES: Upon motion by Selectman Bojnowski, the minutes of the 4/7/03 regular meeting and the 4/25/03 special meeting were unanimously accepted as presented.
UNFINISHED BUSINESS
Proposed Road Discontinuance – section of Lands End Road
Town Engineer Ron Bolmer is recommending that the town discontinue the end section of Lands End Road before the bridge and cul-de-sac. If this portion remains as a Town road, the DOT will require that this insufficient bridge be rebuilt. The original road terminates in a cul-de-sac where it was cut off when I-84 was built.
Selectman Brimmer moved to discontinue section of Lands End Road as indicated by Town Engineer, subject to Town Attorney and Town Engineer preparing appropriate maps. Motion seconded and unanimously carried.
Mr. Bolmer will have maps prepared before going to Legislative Council for final approval of discontinuance.
NEW BUSINESS
Driveway Bonds Releases/Extensions
Selectman Bojnowski moved to release eight (8) driveway bonds as outlined on Attachment A. Motion seconded and unanimously carried.
Selectman Brimmer moved to approve six month extensions for two (2) driveway bonds as outlined on Attachment A. Motion seconded and unanimously carried.
Fairfield Hills Management
Town Attorney David Grogins prepared a Draft “Act Creating a Fairfield Hills Authority in the Town of Newtown”, as was discussed at several of the meetings of the Ad Hoc Fairfield Hills Advisory Committee. First Selectman Rosenthal pointed out that the Town Charter would make it very difficult for the Town to negotiate with lessees of buildings at the property. This proposed “Act” is similar to the Special Act by the Legislature creating the Town Hall Board of Managers to manage Edmond Town Hall. This Act creating an “Authority” would allow the property to be more effectively managed and could achieve the goals of the town in getting the right parties doing the rights kinds of renovations at the property.
The questions is – could this Act supersede the Town Charter? Mr. Rosenthal has spoken with State Senator John McKinney and State Representative Julia Wasserman. Senator McKinney feels that if the town wants this, it could be done. If the Board of Selectmen and Legislative Council agreed, Senator McKinney and Representative Wasserman would be comfortable in getting a Special Act passed. Senator McKinney would have the research for this done by a legislative attorney.
There was a discussion of the draft “Act” with some changes suggested. In Section 3, add that the Plan “may be amended from time to time, by the Board of Selectmen and the Legislative Council”. In Section 4, add “the management and development of the portions of the Fairfield hills Campus designated in the Master Plan for municipal use shall remain with the Town, unless delegated to the Authority”. In Section 5, change the number of members from five to six.
Selectman Bojnowski moved to adopt “An Act Creating A Fairfield Hills Authority In The Town of Newtown” subject to Town Attorney making changes agreed upon at this meeting. Motion seconded and unanimously carried. Attachment B to these minutes has changes incorporated.
Possible Ad Hoc Committee to look at Creation of Cultural Arts Commission
First Selectman Rosenthal advised that there were a lot of comments made by the public during the Fairfield Hills Advisory Committee meetings regarding this issue. If there are to be any cultural arts uses at Fairfield Hills, in order to receive grants, we would need some kind of cultural arts commission. A number of communities have a commission and Mr. Rosenthal feels we should create an “investigative” group to look into the best way of creating something like that in Newtown. He suggests sending out letters to local groups such as SCAN, Town Players, etc. to see if they would like to have a representative on the investigative committee, who would then come back to the Board of Selectmen with a recommendation.
Selectman Brimmer moved to grant the First Selectman the authority to reach out to local cultural groups and the Town Committees for the purpose of putting together an ad hoc study committee for possible creation of a cultural arts commission. Motion seconded and unanimously carried.
Transfer – Registrars
Selectman Bojnowski moved to transfer FROM Account 01570-2000 Contingency $6,500 TO Account 01180-1005 Referenda $6,500. Motion seconded and unanimously carried.
This transfer is to cover the second budget referendum. Only one referendum is included in the budget.
Appointments
Selectman Brimmer moved to appoint Dana Schubert as Police Union Representative on the Pension Committee for a term from 5/5/03 to 1/6/05. Motion seconded and unanimously carried.
Officer Schubert will replace David Lydem who has retired from the Police Department.
Intergovernmental Agreement – Workforce Development Activities
First Selectman Rosenthal advised that this came about as a result of the State combining the Workforce Investment Areas. Newtown was part of the Torrington Workforce Area which is now combined with the Waterbury area.
Selectman Bojnowski moved to authorize First Selectman Herbert Rosenthal to sign the Intergovernmental Agreement Among the Municipalities of Barkhamstead, Bethlehem, Bethel, Bridgewater, Brookfield, Canaan, Cheshire, Colebrook, Cornwall, Danbury, Goshen, Hartland, Harwinton, Kent, Litchfield, Middlebury, Morris, Newtown, New Fairfield, New Milford, New Hartford, Naugatuck, Norfolk, North Canaan, Prospect, Redding, Ridgefield, Roxbury, Salisbury, Sharon, Sherman, Southbury, Thomaston, Torrington, Warren, Washington Waterbury, Watertown, Winchester / Winstead, Wolcott, Woodbury, regarding Workforce Investment. Motion seconded and unanimously carried.
Change in Pension Investment Policy
Selectman Bojnowski moved to amend the “Investment Policy Statement as amended April 23, 2002” as recommended by the Newtown Pension Committee and outlined in letter dated April 30, 2003 (Attachment C). Motion seconded and unanimously carried.
April 2003 Tax Refunds No. 12
Selectman Bojnowski moved to approve April 2003 Tax Refunds No. 12 in the amount of $27,234.00. Motion seconded and unanimously carried.
May 2003 Tax Refunds No. 13
Selectman Bojnowski moved to approve May 2003 Tax Refunds No. 13 in the amount of $3,553.15. Motion seconded and unanimously carried.
Legal Matters
Selectman Bojnowski moved to enter executive session to discuss legal matters and to invite Finance Director and clerk to attend. Motion seconded and unanimously carried.
Meeting entered executive session at 8:40 pm and returned to open session at 8:45 pm.
Selectman Brimmer moved to authorize legal defense in Barry Southard vs. Harry Fitzgerald, Gary Frenette, Jean St. Jean and the Newtown Planning and Zoning Commission. Motion seconded and unanimously carried.
Having no further business, the meeting was adjourned at 8:45 pm.
Jan Andras, Clerk
Attachment A: Driveway Bond Releases/Extensions (original minutes)
Attachment B: “Act Creating Fairfield Hills Authority” (original minutes)
Attachment C: Letter from Pension Committee (original minutes)
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