The Board of Selectmen held a regular meeting on Monday, December 4, 2006 in the meeting room at the C. H. Booth Library, Main Street, Newtown. First Selectman Rosenthal called the meeting to order at 5:45 pm. (At 5:30 the Board of Selectmen privately interviewed a candidate for a vacancy on the Inland Wetlands Commission)
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski, Selectman William Brimmer
ALSO PRESENT: Town Engineer Ron Bolmer, two members of public, two members of press
VOTER PARTICIPATION: None
COMMUNICATIONS: A letter was received from Mr. Gary Tanenbaum regarding atv noise on privately owned property that adjoins property he owns. We have an ordinance banning atv, motorbike and snowmobile use on town property. This letter will be passed along to the Legislative Council for a possible consideration of a noise ordinance, which would have to be approved by the Commissioner of the DEP.
A letter was received from Town Engineer Ron Bolmer regarding the acceptance of Boulder Creek Road. The engineering department and public works department have a concern with the earth/rock slopes along the left side of the road. They feel that they are unstable and do not recommend acceptance until this problem is corrected. The developer’s engineer submitted reports stating that there are no problems with these slopes and went on to say that any attempts to stabilize them would make matters worse. The Board of Selectmen agreed that they would not accept the road in the condition it is in and agreed to support the Town Engineer’s position.
ACCEPTANCE OF MINUTES: Upon motion by Selectman Brimmer, the minutes of the 11/20/06 meeting were unanimously accepted as presented.
UNFINISHED BUSINESS - None
NEW BUSINESS
ADD TO AGENDA: Selectman Bojnowski moved to add discussion and possible action on a response letter to some of the false allegations and misinformation put forth in a Federal suit filed against the town. Motion seconded and unanimously carried.
Maintenance Bond Release, Buck Trail, “Rollingwood, Section 7” Subdivision
Selectman Bojnowski moved to release the maintenance bond in the amount of $15,000 for Buck Trail, “Rollingwood, Section 7” Subdivision. Motion seconded and unanimously carried.
Maintenance Bond Release, Aspen Lane, “Rollingwood, Section IV” Subdivision
Selectman Brimmer moved to release the maintenance bond in the amount of $12,500 for Aspen Lane, “Rollingwood, Section IV” Subdivision. Motion seconded and unanimously carried.
Fire Suppression Tank Bond Release, Jet Brook Road, “New England Woods” Subdivision
Selectman Bojnowski moved to release fire suppression tank bond in the amount of $30,000 for Jet Brook Road, “New England Woods” Subdivision. Motion seconded and unanimously carried.
Release of Temporary Turnaround Easement – “Rollingwood” Resubdivision of Lot 22
It was decided to have the Town Attorney look over the paperwork before any action is taken on this matter.
Driveway Bond Releases/Extensions
Selectman Bonowski moved to release five driveway bonds and approve a six month extension for one driveway bond as outlined on the attached. Motion seconded and unanimously carried.
Presentation regarding National Heritage Area Designation
The presenter was not able to be present but will reschedule at some time.
Heritage Preservation Trust – Lease for Cell Site
First Selectman Rosenthal advised that the Meeting House currently has two cellular antennas inside the steeple for which they pay the Heritage Preservation Trust who uses the money for upkeep of the building. A company has now proposed to purchase these two agreements that are in place and pay the Trust a one-time sum of $465,000. The Trust wants to use this money, along with other money to create an endowment which would generate enough revenue to take care of maintenance.
Selectman Brimmer moved to approve the agreement between the Town, the Heritage Preservation Trust and T1 Unison Site Management LLC, contingent upon review by the Town Attorney. Motion seconded and unanimously carried.
Appointments
Selectman Brimmer moved to approve that the First Selectman appoint (U) Sharon Salling as a member of the Inland-Wetlands Commission for a term of 01/07/07 – 01/07/11. Motion seconded and unanimously carried.
Selectman Bojnowski moved to appoint (U) Frank Viola, 320 Great Quarter Road, as a member of the Lake Zoar Authority for a term of 01/07/07 – 01/07/10. Motion seconded and unanimously carried.
Response Letter
First Selectman Rosenthal advised that the Town Attorney reviewed the letter responding to allegations and misinformation printed in a Letter to the Editor in The Bee last week. Our attorney would prefer that we don’t get into the substance of the lawsuit beyond what is said in this letter. The three Selectmen signed the letter and will send it to the newspaper.
Legal Matters
Selectman Bojnowski moved to enter executive session to discuss legal matters and to invite the clerk to attend. Motion seconded and unanimously carried.
Meeting entered executive session at 6:40 p.m. and returned to open session at 7:00 p.m.
Selectman Bojnowski moved to approve legal defense in Christian H. Qualey Jr. and Judith A. Qualey vs. the Planning & Zoning Commission and in Matthew DeAngelis v. the Town of Newtown et al. Motion seconded and unanimously carried.
Having no further business, the meeting was adjourned at 7:05 p.m.
Jan Andras, Clerk
Attachment A: Driveway Bond Releases/Extensions
BOARD OF SELECTMEN MEETING
DECEMBER 4, 2006
DRIVEWAY BOND RELEASES
RELEASES
BLACKHORSE DEV., Eden Hill Road, Map 12 Block 5, Lot 10 $ 1,000.00
CHARTER RESIDENTIAL, 19 Meridian Ridge, Map 2, Block 9, Lot 1.12 $ 1,000.00
NANCY O’GRADY, Jordan Hill Road, map 54, Block 1, Lot 7 $ 1,000.00
A.S.E. GROUP, Commerce Road, Map 38, Block 1, Lot 3 $ 1,000.00
J. PETER WILSON, 146 Walnut Tree Hill, Map 42, Block 13, Lot 9.0A $ 1,000.00
REQUEST FOR SIX MONTH EXTENSION
BLACKHORSE DEV., Lot 6, 33 Hundred Acres Road, Map 32, Block 3, Lot 1.06 (temporarily curtailed construction due to slowdown of market)
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