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Selectmen Meeting Minutes 10/16/06
The Board of Selectmen held a regular meeting on Monday, October 16, 2006 in the meeting room at Town Hall South, Main Street, Newtown.  First Selectman Rosenthal called the meeting to order at 7:35 pm.

PRESENT:        First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski, Selectman William Brimmer
        
ALSO PRESENT:  Finance Director Ben Spragg, members of Pension Committee, representatives of Westport Resources, three members of public

VOTER PARTICIPATION:  Mr. John Groboski, 14 Nighthawk Lane stated that he moved to Newtown this past June.  A month ago he learned that the property across the street from him was sold to St. Vincent’s Hospital for a group home for handicapped children.  He has talked to a lawyer and attempted to get information from St. Vincents.  This is a subdivision of “million dollar homes”, and he doesn’t understand why they are “putting a facility like that” here.  He understands the State Statutes about single family residences but that kind of facility does not belong in this neighborhood “from an economic standpoint”.  It is six miles from any amenities of the town.  First Selectman Rosenthal stated that he did speak with the town attorney who said there is no legal reason to stop this facility from being located in a residential neighborhood.  Mr. Groboski stated that maybe nothing can be done legally but should be done politically.  He intends to fight and thinks that the town should advocate for them.  This is about the rights of the taxpayers and property owners.  He is willing to help St. Vincents find an alternate site at a lower cost.  First Selectman advised that he met with the Director of the proposed facility and was given a tour of their facility in Trumbull, which the Director is willing to give to any of the residents who are concerned.  The facility consists of very young “medically fragile” children who are cared for by round the clock medical personnel in a home-like setting.  The children do not have to be educated by the town school system.  This group that is associated with St. Vincent’s Hospital purchased the property and will be putting over $1 million into building a structure that looks like the other homes in the subdivision.  The vans that transport the children will be housed inside a garage and will not be seen from the street.  If there is something in the deeds of the homeowners that is being violated by this facility being constructed there, then that is a private property matter and not a town matter.   There is no reason to spend taxpayer money for legal funds when the Town Attorney has stated that there is no legal violation here.  Mr. Groboski was urged to contact the Director at St. Vincents who has stated that he would be happy to meet with residents.

COMMUNICATIONS:   First Selectman Rosenthal advised that Newtown has been selected as one of 25 towns to use the new optical scanning voting machines in the next election.  
        First Selectman Rosenthal received a coy of a letter from Mr. Ray Ruzek of S.H.O.P. requesting that the Design Advisory Board Ordinance be revised to include property/business owners in the Sandy Hook Design District.  This letter was sent to the Legislative Council.
        
ACCEPTANCE OF MINUTES:  Upon motion by Selectman Brimmer, the minutes of the 9/18/06 meeting were unanimously accepted as presented.

UNFINISHED BUSINESS – None

NEW BUSINESS

Presentation by Westport Resources
Representatives of Westport Resources, Mr. John Vaccaro, Mr. Rudy Polanski and Mr. Frank Sterneck were present to give a presentation to members of the Board of Selectmen and members of the Pension Committee.  Pension committee members present included Chairman Tom Murtha, Mark Korotash, Dunham Smith, Steven Shaffer, Frank Krasowski and Barbara Bloom.  Copies of the investment report through the third quarter were distributed and discussed at length.  

Maintenance Bond Release, Grace Moore Road, New England Heights II Subdivision
Selectman Bojnowski moved to release the maintenance bond in the amount of $19,000 for Grace Moore Road, “New England Heights II” Subdivision.  Motion seconded and unanimously carried.

Subdivision Expirations – Butternut Ridge, Tilson Woods, Boulder Creek
A memo was received from Town Engineer Ron Bolmer stating that the three subject subdivisions have exceed the five year time limit for completion of improvements as per sections 3.09.400 and 3.09.500 of the Subdivision Regulations.  He recommends that the Board of Selectmen instruct the Planning & Zoning Commission advise the developers that these bonds can be called if the work is not completed.
        Selectman Brimmer moved to direct the Planning & Zoning Commission to vote to take action on calling of subdivision bonds for the following subdivisions:  Butternut Ridge, Tilson Woods, Boulder Creek.  Motion seconded and unanimously carried.

Acceptance of Edmond Road
Town Attorney David Grogins has requested not taking action on this road acceptance until the next meeting.

Driveway Bond Releases/Extensions
Selectman Brimmer moved to approve release of two driveway bonds and approve a six month extension for two driveway bonds as outlined on attachment.  Motion seconded and unanimously carried.

Appointments
Selectman Bojnowski moved to approve the appointment of Acting Municipal Animal Control Officer Carolee Mason as full Municipal Animal Control Officer.  Motion seconded and unanimously carried.


Affirmative Action Plan
Selectman Brimmer moved to approve the Affirmative Action Plan, adopted 10/97 and revised 10/06.  Motion seconded and unanimously carried.

Legal Matters
Selectman Brimmer moved to enter executive session to discuss legal matters and a pending land purchase and to invite Finance Director Ben Spragg and the clerk to attend.  Motion seconded and unanimously carried.
        Meeting entered executive session at 9:25 pm and returned to open session at 9:45 p.m.
        Selectman Bojnowski moved to authorize the First Selectman to initiate legal defense in the matter of Grace Christian Fellowship vs. Inland-Wetlands Commission.  Motion seconded and unanimously carried

Having no further business, the meeting was adjourned at 9:50p.m.



                                                        Jan Andras, Clerk