The Board of Selectmen held a regular meeting on March 15, 2004 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: Town Engineer Ron Bolmer, Town Attorney David Grogins, Community Development Director Elizabeth Stocker, 8 members of public, one member of press
VOTER PARTICIPATION: Ms. Barbara O’Connor, Little Brook Lane, attended the Board of Finance budget meeting and was surprised that they cut so much out of the town side of the budget and so little from the education side. She knows how hard the Board of Selectmen worked on reducing their budget. When a Board of Finance member made a motion for a larger cut from the education budget, she felt that members of the audience sounded threatening.
Ms. Ruby Johnson, 16 Chestnut Hill Road, feels that polls are not scientific. They are “only good the moment that ask the question”. She took a picture of the PAL recreation building in Danbury because she does not feel a building of this type is suitable for Fairfield Hills.
Mr. Charles Spath, Jr., is planning the resubdivision of a lot on Pepperidge Road. He would like to propose putting in drainage if the town could supply catch basins and pipe. This will be on next agenda.
Mr. Sean Hughes, 22 Turkey Roost Road, would like to propose a Sandy Hook Historic District Commission, similar to the Hattertown Historic District and the Borough Historic District. Mr. Rosenthal advised that there are very specific methods for forming an historic district. Mr. Hughes will speak with him further about his proposal.
COMMUNICATIONS: None
ACCEPTANCE OF MINUTES: Upon motion by Selectman Brimmer, the minutes of the 3/1/04 were unanimously accepted as presented.
OLD BUSINESS
Maintenance Bond Release, Mountain Manor Road, Resubdivision of High Meadow Farm Associates
Mr. Chick Spath was present from High Meadow Farm Associates. Mr. Bolmer believes that not releasing this maintenance bond was an oversight.
Selectman Bojnowski moved to release the maintenance bond for Mountain Manor Road, Resubdivision of High Meadow Farm Associates in the amount of $23,000. Motion seconded and unanimously carried.
Road & Drainage Work Agreement – Bryan Lane, R&G Riverview LLC
No action taken at this time
NEW BUSINESS
Bond Release, Fire Suppression, Winton Farm Road & Short Hill Road, “Winton Farms, Phase III” Subdivision
Selectman Brimmer moved to release the bond for Fire Suppression, Winton Farm Road & Short Hill Road, “Winton Farms, Phase III” Subdivision in the amount of $90,000. Motion seconded and unanimously carried.
The Fire Marshal advised that a pressurized waterline system with fire hydrants was installed and accepted by the fire department.
Driveway Bond Extensions
Selectman Brimmer moved to approve six-month extensions for two (2) driveway bonds as outlined on attachment. Motion seconded and unanimously carried.
Presentation on Batchelder
Community Development Director Elizabeth Stocker and Town Attorney David Grogins were present along with James Maloney, Arthur Bogen and Attorney Ted Backer.
First Selectman Rosenthal gave a brief background of the Batchelder property, a former smelting business in Newtown. The owner filed Chapter 11 in 1985 and the town has not collected any taxes since before that time. Two of the major concerns with this property are the environmental problems and having this become a productive tax paying property again. We have very limited industrial lands in Newtown. There has been some environmental review of this property, using a $45,000 SCPRIF loan from the state. As a Congressman, James Maloney initiated the process for federal funding to help with environmental issues. When Nancy Johnson was elected, she followed through and $134,000 was granted last July.
Attorney Grogins has been working with the trustees for this property for many years. The town has a claim in excess of $1 million for back taxes. When Mr. Rosenthal took office, he contacted Mr. Arthur Bogen, who specializes in helping to put contaminated properties back to a productive use. Mr. Bogen has been working on finding money and secured the SCPRIF Funds from DEP and DECD. This loan is paid back if the property is sold and money is available. The town does not want to take title to this property because of the environmental concerns.
Mr. Maloney has formed a non-profit corporation, Connecticut Resource Development Corp., which has offered a “bond for deed” proposal to help search out further funding for clean up, which is estimated at $1.3 million plus money to demolish the buildings. This would give them the ability to utilize all public, private, state and federal resources. As a Congressman, Mr. Maloney worked with other municipalities on brownfields projects. He is here because 4-5 years ago, Mr. Rosenthal asked him to look at the Batchelder issue to put together a resolution to address this problem which is 20 years old. Mr. Maloney suggests that CRDC be given authorization to apply for money to be used initially to fund the start-up of the process and
then they would go out to seek other funds. The advantage of this is that CT Resource Development Corp. would serve as the town’s agent so that Newtown can be at the table for all decisions made regarding this property. CRDC has no stake in this. The town has the ability to make decisions in the future as this site is cleaned up.
Attorney Grogins feels this is a creative way to solve a difficult problem. We have to convince the trustee that this approach has more potential for success than simply transferring the property outright.
Selectman Bojnowski moved to authorize the First Selectman to sign a letter to HUD stating that the Town of Newtown is requesting a Connecticut not-for-profit Corporation, CRDC to act as the Town’s agent in applying for funds and carrying out a program for the Batchelder property. Motion seconded and unanimously carried.
Mr. Rosenthal thanked everyone for their efforts. Community Development Director Elizabeth Stocker has worked hard on this property and has received many inquiries. The Economic Development Commission has made this a priority and has done a lot of advertising of the property which has generated a lot of interest.
Fair Housing Resolution
Community Development Director Elizabeth Stocker presented the semi-annual Evaluation of Newtown’s Affirmative Fair Housing Marketing Plan. At this time, she does not see the need to revise the Fair Housing Plan.
Selectman Brimmer moved the “Resolution - Fair Housing Policy Statement” (copy attached). Motion seconded and unanimously carried.
Amendment to Tax Abatement for Emergency Volunteers
A letter was received from the Board of Fire Commissioners advising that there are a few volunteer firefighters who are not residents of Newtown but are taxpayers because they own businesses or property in town. They are requesting an amendment to the Ordinance so that these individuals can also receive the tax abatement.
Selectman Brimmer moved to recommend to the Legislative Council an amendment to the Volunteer Fire and Ambulance Personal Tax Abatement Ordinance, allowing volunteers who are non-residents but own businesses or property in town to be eligible for the tax abatement. Motion seconded and unanimously carried.
Appointments/Reappointments
Selectman Brimmer moved to re-appoint Joseph L. Steinfeld, 60 Berkshire Road, and Jerry Peterson, 2 Elizabeth Street as Lake Zoar Marine Officers for the term 4/30/04 – 4/30/05. Motion seconded and unanimously carried.
Selectman Bojnowski moved to appoint Philip Cruz, 92 Currituck Road as a member of the WPCA for a term to expire on 1/06/07. Motion seconded and unanimously carried.
Selectman Brimmer moved to appoint Robert Rau, 12 Lake Road, and Brian Aumueller, 24 Cricket Trail and Brian Walczak, 12 Glover Avenue as members of the Economic Development Commission for terms to expire on 1/06/07. Motion seconded and unanimously carried.
Tax Refunds
Selectman Bojnowski moved to approve March 2004 Tax Refunds No. 11 in the amount of $60,853.96. Motion seconded and unanimously carried.
Legal Matters
Selectman Brimmer moved to enter executive session to discuss litigation regarding Tribal Recognition and to invite clerk to attend. Motion seconded and unanimously carried.
Meeting entered executive session at 9:15 p.m. and returned to open session at 9:30 p.m at which time meeting was adjourned.
Jan Andras, Clerk
Attachment – Driveway Bond Extensions
Attachment – Fair Housing Policy
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