The Board of Selectmen held a regular meeting on June 7, 2004 in the Board 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, 13 members of public, one member of press
VOTER PARTICIPATION: Barbara O’Connor, 36 Little Brook Lane, read in newspaper that employee at Public Works who was accused of theft is requesting accelerated rehab. She does not feel it should be granted. First Selectman Rosenthal advised that is up to the courts. Ms. O’Connor asked if any other employee was involved. Mr. Rosenthal advised that the police have investigated thoroughly, including lie detector tests, and that the accused admits being the only one involved.
Ms. Ruby Johnson, 16 Chestnut Hill Road distributed handouts regarding (a) the raising of the mortality actuarial tables, (b) her summary of proposals from the three potential Fairfield Hills developers in 1999 and (c) a newspaper article about development of the Still Meadow property in New Milford.
COMMUNICATIONS: None
ACCEPTANCE OF MINUTES: Upon motion by Selectman Bojnowski, the minutes of the 5/17/04 meeting and the 5/26/04 meeting were unanimously accepted as presented.
Board of Selectmen members agreed to address an item under New Business first so that the representing attorney could leave to attend another meeting.
Request to Discontinue Section of Covered Bridge Road
Attorney Peter Scalzo was present representing Grace Christian Fellowship Church, along with Pastor Chase Katen. The Church has purchased property on Covered Bridge Road and is requesting that the town discontinue the section of the road that ends in a cul-de-sac on their property. First Selectman Rosenthal advised that his office contacted emergency services, public works, town engineer, and the schools transportation director and was advised that none of them object to this discontinuance.
Selectman Brimmer moved to discontinue and to recommend to the Legislative Council the discontinuance of a portion of Covered Bridge Road as defined on map entitled “Proposed Road Abandonment Map, prepared for Grace Christian Fellowship, Inc., Newtown Connecticut”, dated Feb. 27, 2004 and prepared by New England Land Surveying, PC. Motion seconded and unanimously carried.
UNFINISHED BUSINESS
Road & Drainage Work Agreement – Bryan Lane, R&G Riverview LLC
No action at this time.
Road & Drainage Work Agreement – Pepperidge Road
Developer David French was present along with Charles Spath and John Mack. Town Engineer Ron Bolmer advised that he met with Charles Spath today to discuss an alternate plan. Mr. Spath advised that since that time, Mr. French has decided to stay with his original proposal which was to supply the installation of drainage for 600’ with the town supplying the pipe and catch basins. With this agreement, Mr. French would be able to subdivide his lot into two lots.
First Selectman Rosenthal stated that he will not agree to the proposal as offered by Mr. French. Selectman Brimmer stated that at the last meeting, there was discussion about coming to a compromise but it looks as though nothing has changed. Mr. Spath stated that they looked at the open space they are required to donate to the town and then to add more road work is too much to gain only one lot. Mr. French advised that the one lot he is gaining is not creating the drainage problem – it exists today. Mr. Bolmer reminded that they would still have to address drainage coming from that one lot.
When asked, Mr. Bolmer estimated that the cost for the 350' frontage along Mr. French’s two lots would be $12,000 for grinding and paving and $20,000 for drainage. With Mr. French’s original offer for labor to install drainage, it would cost the Town $24,000 for materials and patch. Mr. Rosenthal stated that he does not like patching roads because it does not hold, and the Town was not planning to budget for paving this road for at least a few more years. The cost to Mr. French would be approximately $20,000 – Mr. Rosenthal stated he does not feel that is enough and that Mr. French needs to come back with a proposal for more of a contribution to the road. No action was taken for a road work agreement.
NEW BUSINESS
Driveway Bond Releases/Extensions
Selectman Brimmer moved to release four (4) driveway bonds and approve one driveway bond extension as outlined on attachment. Motion seconded and unanimously carried.
Road & Drainage Work Agreement – Fox View Subdivision, Hundred Acres Road and Dug Hill Road
Attorney Robert Hall was present, along with Engineer Holt McChord and property owners Bob and Judy Holmes.
Mr. Hall displayed plans for proposed development of the property on Hundred Acres Road. Mr. Bolmer has estimates for five different scenarios of road work – (a) widen entire frontage to 22' with drainage for $180,000; (b) widen their side with drainage, curbing and paving for $150,000; (c) minor drainage and widen to 22' with no drainage for $91,000; (d) overlay with minor drainage upgrade for $42,000; (e) upgrade 1,100' of Dug Hill Road for $165,000. The last scenario would depend on whether the Planning & Zoning Commission approves the proposed configuration or requires that some of the lost front on Dug Hill Road. It was decided to wait until the Planning & Zoning Commission has acted before decided which road work agreement, or possibly a
monetary donation for another section of the road since the road fronting the property is in good condition.
Selectman Brimmer moved to authorize the First Selectman to prepare a letter for the Planning & Zoning Commission requesting that they continue with the Fox View Subdivision application pending a Road and Drainage Work Agreement to be worked out with the Board of Selectmen. Motion seconded and unanimously carried.
Proposed Digital Mapping Data Pricing
GIS Director Scott Sharlow is proposing pricing for copies of digital mapping that is now available with our GIS. He prepared a chart comparing the prices charged by other towns in Connecticut and is recommending that we charge fees in the mid-range.
Selectman Bojnowski moved to approve Digital Mapping Data Pricing as outlined on attachment. Motion seconded and unanimously carried.
Call of Special Town Meeting – Middle Gate Waterline Extension
Selectman Brimmer moved to Call A Special Town Meeting as outlined on attachment. Motion seconded and unanimously carried.
Fairfield Hills Management Committee
First Selectman Rosenthal prepared a draft Charge for a Management Committee for the Fairfield Hills property, which was sent to the Board members prior to the meeting.
Selectman Brimmer moved to adopt the Charge to Ad Hoc Fairfield Hills Management Committee, attached to minutes. Motion seconded and unanimously carried.
There was a discussion as to how many members should comprise this committee. Mr. Bojnowski suggested five full members and three alternate members, which would make it easier to have a quorum for every meeting. Mr. Brimmer and Mr. Rosenthal agreed. Mr. Rosenthal had a list of five candidates who he has contacted and they are interested in serving.
Selectman Brimmer moved to appoint Dr. John Reed, Mr. Robert Geckle, Ms. Moira Rodgers, Ms. Amy Dent and Mr. Don Studley to the Ad Hoc Fairfield Hills Management Committee for a term to expire on 6/7/05. Motion seconded and unanimously carried.
There will be three more appointments to this committee.
Charge to Ad Hoc Trails Committee
The Board of Selectman had decided to form a Trails Committee, separate from the Open Space Task Force. This Trails Committee would be under the direction of the Parks and Recreation Commission.
Selectman Bojnowski moved to adopt the Charge to Ad Hoc Trails Committee, attached to minutes. Motion seconded and unanimously carried.
Appointments will be made a future date.
Request for Ordinance Creating a Design Review Board
A letter was received from Planning & Zoning Commission Chairman William O’Neil requesting an ordinance for the creation of a Design Review Board. As part of the Plan of Conservation and Development, the Commission “committed to creating several design districts aimed at providing guidelines for the appearance of new commercial development”.
Selectman Brimmer noted that he read the information supplied by Mr. O’Neill, but has some questions and would like to invite Mr. O’Neil and/or other P&Z members to discuss this matter before any action is taken to refer to the Legislative Council.
Resolution – Memorandum of Understanding – Homeland Security Grant
First Selectman Rosenthal advised that under Federal law, there are three ways that municipalities can access funds from the Homeland Security grant – 1) state administration, 2) town administration, or 3) regional administration. HVCEO members have discussed this extensively and found that all of the equipment to be purchased has to be approved by the state. If the towns administer, they must provide the funds upfront and wait for reimbursement. However, if towns sign a Memorandum of Understanding, the state will use the funds to procure equipment and charge against the town’s account. In addition, the state would be paying for the cost of administration. All towns in the region have decided to sign the Memorandum of Understanding.
Selectman Brimmer moved the following: RESOLVED that First Selectman Herbert Rosenthal is authorized to sign the Memorandum of Understanding Between The State of Connecticut, Department of Public Safety and The Town of Newtown. Motion seconded and unanimously carried.
Transfer
Selectman Bojnowski moved to transfer FROM Account 01570-2000 Contingency $25,000 TO Account 01445-0000 Tercentennial $25,000. Motion seconded and carried (2 YES – Mr. Brimmer abstained as he is a member of the Tercentennial Committee)
This matter was discussed with the Board of Finance and the Legislative Council during the budget process.
Appointments
Selectman Bojnowski moved to approve two appointments as outlined on attached. Motion seconded and unanimously carried.
Legal Matters
Selectman Bojnowski moved to enter executive session to discuss legal matters 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 9:20 p.m.
Selectman Brimmer moved to initiate legal action against Lee D. Haskell, 48 Mile Hill Road South and to legally defend in Hawley Enterprises, Inc. vs. The Conservation Commission of The Town of Newtown. Motion seconded and unanimously carried.
Having no further business, the meeting was adjourned at 9:25 p.m.
Jan Andras, Clerk
Att: A: Driveway Bond Releases/Extension
Att. B: Digital Mapping Data Pricing
Att. C: Call of Special Town Meeting
Att. D: Charge to Ad Hoc Fairfield Hills Management Committee
Att. E: Charge to Ad Hoc Trails Committee
Att. F: Appointments
CHARGE TO
AD HOC FAIRFIELD HILLS MANAGEMENT COMMITTEE
The members of the Committee shall adopt written procedures for the conduct of the Committee’s business with regard to managing the Fairfield Hills property and implementing the Master Plan, subject to the approval of the Board of Selectmen. The committee’s activities will also be subject to the limitations imposed by State Statutes, the Charter and Ordinances of the Town of Newtown, as well as the purchasing and other regulations of the Legislative Council.
Said procedures of the committee shall include, but not be limited to, the means for soliciting proposals for use of those sections of the property considered for commercial or non-profit development and criteria for evaluating competing proposals. Any proposal relating to the lease of real property cannot be consummated until all provisions of the Charter of the Town of Newtown have been met.
After a period of one year, the Board of Selectmen may reappoint or disband the committee at its discretion.
H. C. Rosenthal
June 2, 2004
CHARGE TO
AD HOC TRAILS COMMITTEE
This committee will work under the direction of the Parks and Recreation Commission. The primary purpose of the committee is to make recommendations to the Parks and Recreation Commission regarding the acquisition and maintenance of trails in the Town of Newtown. This includes, but is not limited to:
1. Research and compilation of a master list and map or maps of trails and linked greenways.
2. Marking or causing the clear demarcation of trails
3. Taking a lead role in the development and maintenance of town trails
4. Recommending the designation of trails for hiking, bicycling, horseback riding or multi-use.
5. Such other activities as may be requested by the Parks and Recreation Committee from time to time
The committee should work closely with the Ad Hoc Open Space Task Force and Conservation Commission regarding the acquisition of open space and the acquisition of trail easements in subdivision applications.
After a period of one year, the Board of Selectmen may reappoint or disband the committee at its discretion.
Herbert C. Rosenthal
June 7, 2004
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