The Board of Selectmen held a regular meeting on Monday, October 15, 2007 in the meeting room at the C. H. Booth Library, Main Street, Newtown, CT. First Selectman Rosenthal called the meeting to order at 6:30 p.m.
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski, Selectman William Brimmer
ALSO PRESENT: Finance Director Ben Spragg, Town Engineer Ron Bolmer, two members of public, three members of press
VOTER COMMENTS: None noted
COMMUNICATIONS: A thank you letter was received from The Volunteer Center for the $1,000 allocation they received from the current budget.
ACCEPTANCE OF MINUTES: Upon motion by Selectman Brimmer, the minutes of the 10/1/07 meeting were unanimously accepted as presented.
Upon motion by Selectman Bojnowski, the minutes of the 10/5/07 special meeting were accepted as presented. Mr. Brimmer abstained as he was not available for that meeting.
Upon motion by Selectman Brimmer the minutes of the 9/17/07 meeting were unanimously accepted as presented.
UNFINISHED BUSINESS: None
NEW BUSINESS
Road Acceptance, Briarwood Lane, “Butterfield Woods” Subdivision
Selectman Bojnowski moved to accept Briarwood Lane, “Butterfield Woods’ Subdivision into the Newtown Highway System. Motion seconded and unanimously carried.
It was decided that a maintenance bond was not necessary for this road since the town had called the bond and completed the work more than a year ago.
Road Work Acceptance, Road & Drainage Work Agreement, Great Ring Road, “Belle Vista” Subdivision
Selectman Brimmer moved to accept the work for the Road & Drainage Work Agreement, Great Ring Road, “Belle Vista” Subdivision and to reduce the bond from $12,260 to $2,452 which represents a maintenance bond to be held by the Town for a period of one year. Motion seconded and unanimously carried.
Maintenance Bond Release, Road & Drainage Work Agreement, Bentagrass Lane, Sterling Associates
Selectman Bojnowski moved to release the maintenance bond in the amount of $20,900.00 for Road & Drainage Work Agreement, Bentagrass Lane, Sterling Associates. Motion seconded and unanimously carried.
Bond Reduction, Regency at Newtown, Oakview Road, Toll Brothers
A recommendation came from the Planning & Zoning Commission to allow an 80% reduction in the $1,346,745 bond being held by the Town for Regency at Newtown, a Toll Brothers project on Oakview Road. The recommendation was accompanied by a letter from Milone & MacBroom Engineers confirming that 90% of the site improvements were completed. Town Engineer Bolmer advised that he was not asked to review this and would not recommend such a large reduction, which would leave only the amount required for a maintenance bond in place. The Board of Selectmen decided to hold off any action on this matter until the Town Engineer has a chance to review.
Driveway Bond Release
Selectman Brimmer moved to release one driveway bond as outlined on attached. Motion seconded and unanimously carried.
Affirmative Action Policy Statement
First Selectman Rosenthal advised that DECD has developed a slightly modified Affirmative Action Policy Statement to be adopted by the Town in order to apply for Small Cities Grants.
Selectman Bojnowski moved to adopt the Affirmative Action Policy Statement as attached to the minutes. Motion seconded and unanimously carried.
Resolution for Small Cities Grant
Not necessary at this time.
Movie Proposal – Fairfield Hills
First Selectman Rosenthal advised that the Fairfield Hills Authority is supporting the granting of a license to Cinema Connecticut, LLC. For the sum of $60,000, they would like to film a movie using Stamford Hall, Yale Lab, Greenwich House, Stratford Hall, Newtown Hall, Canaan House, Shelton House, Bridgeport Hall and Bridgewater House. They will be cleaning up the areas of these building they use so they will be left in better condition than they are in at present. Town Attorney David Grogins advised that they will be required to have sufficient insurance and will have to pay a penalty if they run over on their time limit. They have been informed that a portion of Bridgeport Hall will not be available after November 2, 2007 as work will be starting for the town and school offices.
Selectman Brimmer asked if this would require a public hearing now as we have to do before leasing property. Attorney Grogins advised that it does not since this is only permission to use the property.
Selectman Brimmer moved to grant a license to Cinema Connecticut, LLC for filming at Fairfield Hills subject to completion of agreement by the Town Attorney. Motion seconded and unanimously carried.
Public Hearing – At this time (6:50 p.m.), the meeting was recessed in order to hold a Public Hearing on proposed leases at Fairfield Hills. At 7:50 p.m., the meeting was reconvened.
Fairfield Hills Leases
First Selectman Rosenthal stated that he did not hear any concerns or comments during the public hearing that would prevent these proposed projects from moving forward.
Selectman Bojnowski moved to authorize First Selectman Herbert C. Rosenthal to sign leases with Naveen and Pushpa Kapur for Buildings #63 and #58 at Fairfield Hills and with William Mangold Construction, LLC for Buildings #61, #60 and #59 at Fairfield Hills, subject to final preparation of leases by the Town Attorney. Motion seconded and unanimously carried.
Legal Matters
Selectman Brimmer moved to enter executive session to discuss a legal matter and to invite Town Attorney David Grogins, Finance Director Ben Spragg and clerk to attend. Motion seconded and unanimously carried.
Meeting entered executive at 8:00 p.m. and returned to open session at 8:05 p.m.
Selectman Brimmer moved to approve legal defense in Dauti vs. Water and Sewer Authority. Motion seconded and unanimously carried.
ANNOUNCEMENTS: First Selectman Rosenthal commented regarding a recent article in the newspaper about the Board of Ethics meeting and comments Selectman Bojnowski made when questioned by a reporter after the meeting, Mr. Bojnowski had indicated that the Board of Selectmen should look into the ethics matter. Mr. Rosenthal does not believe that the Board of Selectmen has any authority to investigate these kinds of matters. Only when the Board of Ethics brings a recommendation to the Board of Selectmen can they take action. Even if the Board of Ethics had done that, he would have excused himself since Mr. Borst is a candidate for First Selectman.
Mr. Bojnowski clarified what he was thinking when he made the comments. When there is an ethical issue, who do you go to for a decision? Who do you ask if you have some concern? Because the Board of Ethics did not act, maybe the town needs to consider an additional authority for the Board of Ethics. There was a motion at the Board of Ethics meeting to bring the Borst matter to the Board of Selectmen but it was turned down. Mr. Bojnowski was uncomfortable about the possibility of the Borst issue coming to the Board of Selectmen at this time. Maybe in situations like this, there should be another body to act on a complaint, other than the Board of Selectmen.
Jan Andras, Clerk
Attachment A: Driveway Bond Release
Attachment B: Affirmative Action Policy Statement
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