The Board of Selectmen held a regular meeting on Tuesday, September 4, 2007 in the meeting room at the C. H. Booth Library, Main Street, Newtown, CT. First Selectman Rosenthal called the meeting to order at 5:35 p.m.
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bonowski, Selectman William Brimmer
ALSO PRESENT: Town Attorney David Grogins; Police Chief Michael Kehoe; Police Commission members Gerald Finnegan and Brian Budd; 911 Dispatch Director Joseph DelBuono; Parks & Recreation Director Barbara Kasbarian; Parks & Recreation Commission Chairman Ed Marks; two representatives of Morganti Construction; two members of public; two members of press
VOTER COMMENTS: Ms. Ruby Johnson, Chestnut Hill Road, supports the Police Department’s proposed move to a digital communication system. In 2001, she regrets that the town went with the analog system and this time we should get the system they need. Regarding the CIP, delaying the Hawley HVAC has increased the costs. When we don’t execute the plan in a timely manner, it costs money. She passed out a handout regarding a new State Act, effective 10/1/07, requiring towns to hold public hearings on sale, lease or transfer of real property owned by the municipality. She pointed out that the town will be considering a lease on property at Fairfield Hills prior to the effective date of this “Act”. She believes the town should make a complete disclosure
of this lease to the public. First Selectman pointed out that we are well aware of the new law and always follow the State Statutes. Regarding the CIP, the Selectmen approve and recommend only items in the CIP with respect to town government projects. The parts of the Plan that deal with education facilities are submitted by the Board of Education. Regarding the analog radio system vs. digital, when we went with the analog system in 2002, there were problems with the digital system which have now been worked out.
COMMUNICATIONS: A letter of appreciation was received from Amos House for the $3,300 appropriation they received in the town budget to support their program to reach out and help the homeless, which includes some people from Newtown.
ACCEPTANCE OF MINUTES: Upon motion of Selectman Brimmer, the minutes of the 8/20/07 meeting were unanimously accepted as presented.
UNFINISHED BUSINESS – None
NEW BUSINESS
Approval of Construction Manager Contract – High School Addition
Attorney David Grogins was present and give a summary of the proposed construction management contract between the Town and Morganti Group, Inc. for the proposed high school addition. Also present were Morganti representatives Tim Gunn, Vice President of Operations and Jerry Labrizzi, Director of Business Development. First Selectman Rosenthal advised that he attended last week’s Public Building & Site Commission Meeting. At that meeting, the architects committed to the Building Committee that they guarantee this project will come in at or below the $41.5 million that has been supported by the Board of Finance and the Legislative Council.
Selectman Bojnowski moved to authorize the First Selectman to sign the construction management contract with Morganti Group in the amount of $155,000 for the design phase of construction management for the High School addition, subject to review made by Town Attorney. Motion seconded and unanimously carried.
Approval of Lease – Newtown Youth Academy – Fairfield Hills
Town Attorney David Grogins advised that the lease has been approved by the Fairfield Hills Authority and recommended to the Board of Selectmen for their authorization. Mr. Grogins pointed out that several things are happening here. Mr. Peter D’Amico (NYA) will be remediating and demolishing Bridgewater Hall. The proposal is to construct a private not for profit facility of 70,000 sq. ft. with three gymnasiums, an indoor track, an indoor soccer/lacrosse field, administrative offices and locker facilities. This would involve a ground lease for the footprint of the building and 10' of land surrounding the building, on which he will agree within a certain period of time to construct a facility subject to design and configuration subject to approval of the Fairfield Hills Authority and the Board
of Selectmen with only those uses permitted under Town Planning and Zoning regulations and the Fairfield Hills Adaptive Re-use Regulations. An amendment must be made to the Master Plan to allow for the building to be constructed on this part of the property because it was not part of the original plan in this location. First Selectman Rosenthal pointed out that it is in the recreation area but was not shown originally for a building. The initial term of the lease is 40 years and has been fixed at $1,200,000 with a $600,000 credit given to NYA for its demolition of Bridgewater Hall and clean-up of the property. The remaining balance due under the lease shall be at the rate of $40,000 per year for 40 years. Payment under the lease takes the form of a $25 per hour reduction for 1,600 committed hours of court use per year by the Town. The Parks and Recreation Department is given priority in selecting court use times. There is an allowance
for two extension periods of ten years each. At the end of the 60 year period, the Town could purchase the property for two-thirds of its fair market value.
Attorney Grogins drafted the lease and has been negotiating with the attorney for Mr. D’Amico. At this time both sides agree on the provisions and the attorneys are finalizing the draft. Mr. Ed Marks, Parks & Recreation Commission, stated that he sat in on discussions regarding this lease.
Selectman Brimmer moved to authorize the approval of the lease between the Town of Newtown and Newtown Youth Academy, as recommended by the Fairfield Hills Authority. Motion seconded and unanimously carried.
Request for Modification to Fairfield Hills Master Plan
David Grogins advised that the Fairfield Hills Authority has recommended that this modification. There are two separate steps – 1) a proposal to amend the Master Plan for the NYA facility and 2) a Site Plan for the building, both to be a simultaneous submission to the Planning & Zoning Commission. NYA is responsible for the Site Development Plan.
Selectman Bojnowski moved to request a modification to the Fairfield Hills Master Plan for location of an indoor sports facility. Motion seconded.
Mr. Marks stated that there has been discussion about having a shared facility with NYA (Senior Center, rec center, pool). From a conceptual standpoint, it makes sense to them but there are some things that we hope to accomplish and feel it is important for a like facility to be as close as possible to NYA. Parks & Recreation is beginning to do some conceptual design work with O&G.
First Selectman Rosenthal thanked Mr. Marks, Ms. Kasbarian and other Parks & Recreation Commission members for the efforts they have put into this project.
MOTION UNANIMOUSLY CARRIED.
Capital Improvement Plan
Police Chief Michael Kehoe was present, along with Police Commission members Gerry Finnegan and Brian Budd, and 911 Emergency Dispatch Director Joe DelBuono. Chief Kehoe stated that it was always the idea that at some point, the Police Department would be part of a digital radio system . At the time we purchased the current system, the analog was state of the art and was reliable for the town’s terrain. Mr. DelBuono added that this is an enhancement to the system. The current system is now outdated. We spec’d the system to be upgradeable to digital. (In 2001, the analog was well proven and digital was not. On the advice of our consultants, we went with the analog. We can no longer purchase the radios we currently have but we will be able to use the current radios
as spares for EMS, Fire and Public Works.
Parks & Recreation Director Barbara Kasbarian was present along with Parks & Recreation Commission Chairman Ed Marks to answer questions about projects being requested in the Parks & Recreation CIP.
Driveway Bonds
Selectman Bojnowski moved to release one driveway bond and approve a six month extension for one driveway bond as outlined on Attachment A. Motion seconded and unanimously carried.
Appointments
Selectman Brimmer moved to approve appointments as outlined on Attachment B. Motion seconded and unanimously carried.
Tax Refunds
Selectman Bojnowski moved to approve September 2007 Tax Refund No. 3 in the amount of $12,560.79. Motion seconded and unanimously carried.
Legal Matters
Selectman Brimmer 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 7:45 p.m. and returned to open session at 7:55 p.m.
Selectman Bojnowski moved to authorize land purchase as discussed in executive session. Motion seconded and unanimously carried.
Jan Andras, Clerk
Attachment A: Driveway Bond Releases
Attachment B: Appointments/Reappointments
BOARD OF SELECTMEN MEETING
SEPTEMBER 4, 2007
DRIVEWAY BOND RELEASES/EXTENSIONS
RELEASES
TAESUN & JOSEPH CHUNG, 153 Taunton Hill Road, Map 7, Block 4, Lot 21 $ 1,000.00
REQUEST FOR EXTENSION
ALL PHASE, 22 High Rock Road, Map 49, Block 2, Lot 10 $ 1,000.00
BOARD OF SELECTMEN – September 4, 2007 Meeting
APPOINTMENTS
Ad Hoc Clean Energy Task Force
Dan Holmes, 6 Farmery Lane
Cultural Arts Commission
(U) Raymond C. Shaw, 55 Eden Hill Road, Newtown 01/07/08
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