The Board of Selectmen held a regular meeting on Monday, December 17, 2007 in the meeting room at the C. H. Booth Library, Main Street, Newtown, CT. First Selectman Borst called the meeting to order at 7:30 p.m.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal
ALSO PRESENT: Finance Director Ben Spragg, Town Attorney David Grogins, Town Engineer Ron Bolmer, Fairfield Hills Authority members Moira Rodgers, Andrew Willie, Amy Dent (8:00 pm), Legislative Council Chairman William Rodgers, six members of public, one member of press
VOTER COMMENTS: None
COMMUNICATIONS: None
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to approve the minutes of the 12/03/07 meeting. First Selectman Borst offered one addition on page 4, that the “member of the audience”, who attempted to address the Board of Selectmen but was declared out of order, was Mr. Guy Howard. Minutes were unanimously approved as amended.
ADD TO AGENDA: Selectman Rosenthal moved to ADD Appointment of Town Attorney to tonight’s agenda. Motion seconded and unanimously carried.
UNFINISHED BUSINESS
Appointment of Clerk
Selectman Mangiafico moved to appoint Jan Andras as Clerk to the Board of Selectmen. Motion seconded and unanimously carried.
Appointment of Second Town Agent
Selectman Mangiafico moved to appoint Herbert Rosenthal as second Town Agent. Motion seconded and unanimously carried.
Appointment of Town Attorney
Selectman Rosenthal moved to appoint David Grogins and Cohen and Wolf, PC as Town Attorney. Motion seconded and unanimously carried.
NEW BUSINESS
Status of Fairfield Hills Leases
Town Attorney David Grogins advised that the Newtown Youth Academy lease is the only one signed right now. There are four leases outstanding and he has sent drafts of these to the prospective tenants. Of those four, he has had communication with the attorney representing Hawley Construction indicating the he would review and expects to respond with his comments this week. Mangold has withdrawn their intent, via e-mail from their attorney. Kapur, who is considering leases for two duplexes, has not given any official communication but did sent an e-mail indicating they were interested in determining what was happening with the town hall and pending that would get back to the town with their intentions. Mr. Grogins has heard nothing from the attorney for the restaurant at Stratford Hall.
Selectman Rosenthal advised that he did hear, informally, from Mr. Gordon Anderson who indicated he was waiting to hear about the town offices and Hawley Realty/Danbury Hospital moving forward. He is prepared to go forward if Danbury Hospital goes forward.
Mr. Borst stated that the State Board of Education unit that reviews projects has some concerns regarding the approval of the money from the state for the portion of the building to be used for Board of Education offices. Their numbers are different than the $600,000 that was estimated. They are showing a reimbursement amount of $172,000. He advised that he and Selectman Mangiafico met with interim Schools Superintendent Tom Jokubaitis about this. Selectman Rosenthal asked why he was not invited to this meeting, pointing out that if the two Republican Selectmen meet alone together, it is a caucus. If the two of them meet with someone else that becomes a meeting of the Board of Selectmen, where all three Selectmen have to be invited and the
meeting has to be publicly posted. Mr. Borst advised that he also spoke with Mr. Jeff Cugno of O&G who does not think this will have an impact on the documents for bid which should be going out the end of January.
Attorney Grogins stated he had written a letter to the State Board of Education because their normal procedures do not accommodate a design/build plan that is being executed with regard to this building. He never got a reply from them. Selectman Rosenthal suggested contacting David Wedge. First Selectman Borst and Attorney Grogins will look into this further, along with Schools Business Manager Ron Bienkowski.
Regarding the leases, Selectman Rosenthal asked First Selectman Borst if once the leases are submitted and reviewed by the Town Attorney, is it Mr. Borst’s intention to sign them? Mr. Borst answered that he will look them over and if they are in order, he will probably sign them. He will be looking into other things before he reviews the leases from Attorney Grogins and will be in a better position to answer then. Mr. Rosenthal stated that the First Selectman carries out and implements the decisions of the Board of Selectmen. The former Board of Selectmen has made the decision and it has now been ratified for the second time. First Selectman Borst stated he would like to do due diligence before signing the leases. Selectman
Mangiafico stated that he realizes the Chairman voted negatively on the motion two weeks ago, however, he left that meeting with the impression that the First Selectman would comply with the majority will of the Board of Selectmen. The Chair is obligated to do that. Absent any legal concerns from the Town Attorney, he feels that the Chairman must sign the leases because that is the will of the Board of Selectmen. You can say you are signing with regrets but you are obligated to sign. First Selectman Borst stated that he will take the statements made under advisement. Selectman Mangiafico asked First Selectman Borst to confirm that he will sign the leases after the Town Attorney approves them. Selectman Rosenthal advised that if necessary, he would reluctantly make a motion to authorize Selectman Mangiafico to sign the leases. Selectman Mangiafico “implored” the Chairman to state that absent any legal corrections, the
majority will of this board will be met with the signing of the leases. First Selectman Borst agreed that he would and the other two Selectmen thanked him.
Update on High School Expansion
First Selectman Borst stated that construction drawings are being prepared. The student enrollment projections are being questioned. The Board of Education does not understand the methodology being used by Mr. Prouder which is different than what has been used in previous years. We are also waiting for Mr. Bothwell’s report. The Board of Education is preparing a paper to explain the situation. He does not know if this will slow down preparation of the drawings. Selectman Rosenthal asked Attorney Grogins if the size of the building is part of the education specs or is the sizing part of the decision of the town? Mr. Grogins advised that the issue could be argued both ways and that is not an easy question to answer. It would require more research and discussion.
Selectman Rosenthal asked that the Board of Selectmen be “kept in the loop” on this process. Selectman Mangiafico asked the Town Attorney to write a letter to the Board of Education Chairman to make sure the Board of Selectmen are kept advised.
Trustee Certification of Investment Powers (Employee Pension Plan)
Selectman Mangiafico moved the following: RESOLVED, that on December 1, 2007, William Brimmer and Joseph Bojnowski were removed as Trustees under the Town of Newtown Employee Pension Plan in accordance with said document. Herbert C. Rosenthal shall remain as Trustee and Joseph E. Borst and Paul Mangiafico shall be named as additional Trustees. Except as herein above stated, the Plan and Trust is to continue in full force and effect. Motion seconded and unanimously carried.
Appointments
Selectman Mangiafico moved Appointments/Reappointments as outlined on attachment. Motion seconded and unanimously carried.
Coalition to Fight Increased Jet Traffic from New York Airports
Discussion of joining this coalition will be on a future agenda when more information about the cost is known.
License Agreement – Movie at Fairfield Hills
Town Attorney David Grogins advised that this matter should be discussed in executive session as it could involve litigation.
Selectman Mangiafico moved to enter executive session to discuss the license agreement with Cinema Connecticut LLC and to invite Finance Director Ben Spragg, Fairfield Hills Authority member Moira Rodgers and clerk to attend. Motion seconded and unanimously carried.
Meeting entered executive session at 8:30 p.m. and returned to open session at 8:50 p.m. at which time meeting was adjourned with no action taken.
Jan Andras, Clerk
Attachment A: Driveway Bond Releases
Attachment B: Appointments
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