The Board of Selectmen held a regular meeting on Monday, January 7, 2008 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: Ridgefield First Selectman Rudy Marconi, Finance Director Ben Spragg, Town Attorney David Grogins, Town Engineer Ron Bolmer, Fairfield Hills Authority members Robert Geckle, Moira Rodgers, Legislative Council Chairman William Rodgers, Legislative Council member Po Murray, Planning & Zoning Chairman Lilla Dean, Asst. Parks & Recreation Director Carl Samuelson, approximately 25 members of public, two members of press
VOTER COMMENTS: Dr. Terrence Trow, Pinnacle Drive stated that he is the stepfather to the boy who was hit by a car on Queen Street. He asked for the town to explain why this problem has not been addressed before. He read a letter from his 8 year old stepson asking for something to be done about the traffic on Queen Street.
Ms. Lisa Floros, 32 Queen Street, asked to move ahead on the Queen Street Traffic Study. For 9 years, she has attended meetings asking for help to get something done. Nothing is happening.
Ms. Jill Bontatibus Beaudry, 36 Queen Street, stated that we need to make a decision on Queen Street. She added that there is also a problem with sidewalks not being shoveled and children walking to school and getting wet. We don’t have an ordinance that requires shoveling of sidewalks. She has contacted Newtown Youth Services about getting students to shovel sidewalks for homeowners who are perhaps not able to do so themselves. First Selectman Borst replied that there is an ordinance requiring homeowners and business to shovel the sidewalks in front of their properties. Ms. Beaudry stated that there is no enforcement and no ability to levy fines. Ms. Beaudry distributed a flyer she has prepared for a Newtown Youth
Services Job Bank “Blizzard Brigade”.
Attorney Robert Hall spoke regarding the leases for commercial properties at Fairfield Hills. He stated that he hears that the Legislative Council voted to “command” the First Selectman to sign the leases. He stated that he has met with the First Selectman and the documents are not yet ready to sign. No one should be demanding that leases that have not been fully vetted should be signed.
Attorney William F. L. Rodgers (Chairman of the Legislative Council) corrected the statement made previously stating that the Legislative Council has not even entertained any action to direct that the leases be signed. Attorney Hall corrected his statement – he should have said Board of Selectmen instead of Legislative Council.
Ms. Lilla Dean, (Planning & Zoning Chairman) regarding the $600,000 appropriation for design of a community center , she feels that the Planning & Zoning Commission should have heard about that before reading it in the newspaper.
Ms. Po Murray, 38 Charter Ridge Drive, (Council member) asked that the “budget calendar” be put on the website.
COMMUNICATIONS: A letter was received from Board of Finance Chairman John Kortze who was passing along a letter he received from Ms. Ruby Johnson, 16 Chestnut Hill Road who feels there is a “probably violation of Federal Law in the proposed CIP and Park and Recreation plans” because the town is requesting lights for soccer and baseball fields but no request for the softball field.
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to approve the minutes of the 12/17/07 meeting. Mr. Borst offered a correction on page 3 – Mr. Prowda should be Mr. Prada. Minutes unanimously accepted as amended.
ADD TO AGENDA: Selectman Rosenthal moved to ADD Report by Mr. Paul Lundquist on Town Survey to tonight’s agenda. Motion seconded and unanimously carried.
UNFINISHED BUSINESS
Presentation on Increase in Jet Traffic
Ridgefield First Selectman Rudy Marconi was present to give a presentation. He advised that Ms. Judy Neville of New Canaan is the one who originally spearheaded this effort. A Coalition has been formed to bring a lawsuit against the Federal Aviation Administration for their redesign of commercial airspace over Fairfield County to the New York airports. This increase in jet traffic would result in smaller air traffic going to Danbury or Oxford to fly lower over our towns, resulting in more noise. It is expected that there will be 150 planes per day coming into LaGuardia, over Fairfield County. Mr. Marconi stated that five years from now when the full implementation takes place, we will feel the full impact and will not have any recourse then. We need to do something now. The
Coalition has hired a firm from Chicago and are working with an aviation expert. This is not an easy case and is really putting us up “against Goliath”. Governor Jodi Rell and Attorney General Richard Blumenthal have jointed the lawsuit, as have approximately 11 communities to date. The cost for each town is being based on population. New Milford just joined in for $74,000, so with a slightly smaller population, Newtown’s share could be similar.
Mr. Marconi pointed out that the total cost covers 1) attorney fees, 2) lobbyists in DC and 3) a grassroots effort in Fairfield County to get the public involved. The total cost is estimated at $1 million. Towns will have the option to back out should costs escalate beyond the initial commitment.
Selectman Borst asked when the Coalition will need an answer as to whether Newtown will be joining? Mr. Marconi replied that they are hoping to file the lawsuit by the end of this month but will welcome Newtown at any point. This item will be on a future agenda for possible action.
NEW BUSINESS
Driveway Bond Releases/Extension - None
Maintenance Bond Release, Rooster Ridge Road, “Rooster Ridge” Subdivision
Selectman Mangiafico moved to release the Maintenance Bond for Rooster Ridge Road, “Rooster Ridge” Subdivision in the amount of $13,800.00, upon recommendation of the Town Engineer. Motion seconded and unanimously carried.
Appropriation - $600,000 for Architectural and Engineering Services for Planning and Design of Park & Recreation Community Center/Senior Center
Selectman Mangiafico moved a special appropriation in the amount of $600,000 for architectural and engineering services for planning and design of a Park & Recreation Community Center/Senior Center, to be funded by bonding. Motion seconded for discussion.
Assistant Director of Parks & Recreation Carl Samuelson was present, along with Parks & Recreation Commission member Ms. P.J. Yoakum. Selectman Rosenthal asked if we know yet what we are designing – has the Commission on Aging and Parks & Recreation Commission decided? Mr. Samuelson advised that there have been some discussions with the seniors and also with the Cultural Arts Commission. The money being requested is for architectural services. We have put together the current square footage of the existing recreation programs and met with the seniors and know their square footage needs and concerns regarding operating services. We need funding to move forward so we can get a better grasp of what we will be
designing. There have been preliminary discussions with O&G Industries regarding possibly phasing the project. We could start with Parks & Recreation and then integrate the seniors. Selectman Rosenthal reminded that this bonding will require the approval of the Board of Finance, the Legislative Council and the Town Meeting. We will need some significant detail to go through those steps. This would also require demolition of Litchfield Hall, which would require probably $400,000 which is the cost of the previous demolition that was done. P&Z Chairman Lillla Dean suggested that a conceptual plan for the P&Z Commission would save time and be very helpful. They could then have Land Use staff look at this and possibly save making costly mistakes.
Selectman Mangiafico moved to amend the motion by adding $400,000 for demolition of Litchfield Hall. Motion seconded and unanimously carried.
MAIN MOTION UNANIMOUSLY CARRIED AS AMENDED.
Approval of Municipal Grievance Procedure – ADA
Selectman Rosenthal moved to adopt the Municipal Grievance Procedure for ADA (attached to minutes). Motion seconded and unanimously carried.
Status on Fairfield Hills Leases
Town Attorney David Grogins was present and gave the following report on the status of the leases:
1) Naveen Kapur who signed a Letter of Intent for two duplexes – the attorney for the lessee has not returned phone calls.
2) Mangold, who signed a Letter of Intent for three duplexes – Lessee’s attorney has advised that her client is no longer interested in proceeding.
3) Gordon Anderson/Stratford Hall – Attorney has stated that his client is waiting for tangible evidence that the town hall and Newtown Hall projects will be going forward before he will commit.
4) Hawley Realty/Newtown Hall – Hawley’s attorney has asked for a number of changes in the language of the lease; some procedural and some substantive. Attorney Grogins will redraft the lease and send it back to Hawley Realty.
Attorney Grogins stated that there is some question about what Hawley Realty will accept for parking and whether the town will pave the parking area. We can only provide parking as per the Master Plan. Fairfield Hills Authority Chairman Robert Geckle stated that we will be paving the parking lot when the existing lot is expanded. Selectman Mangiafico asked if the FHA has the authority to negotiate leases. Mr. Geckle replied that they do and that he believes the details and technicalities can be worked out between both parties. Selectman Rosenthal advised again that the prior Board of Selectmen approved those leases negotiated by the Fairfield Hills Authority, subject to legal review by the Town Attorney. That was binding and
was then ratified by the current Board of Selectmen by majority vote. He is concerned about some things he has been reading in the newspaper. There is still some thought that the First Selectman wants to further negotiate the leases and met with Mr. Hawley. He wants reassurances that the leases will be signed once the Town Attorney has finished his review. He feels we may have lost some leases because of delays and things that have been in the newspaper. First Selectman Borst stated that he will sign the leases, maybe under duress, but when the Town Attorney tells him they are okay to sign, they will be signed.
Regarding a recent letter from a resident to the newspaper refuting that the First Selectmen implements the decisions of the Board of Selectmen, Selectman Rosenthal read from Section 3-10(a) of the Town Charter which states that the First Selectman “shall be responsible to the Board of Selectmen…and shall execute or cause to be executed Town ordinances and regulations or resolutions voted by the Board of Selectmen”. All of the legal steps have been followed for these leases to be signed. Selectman Mangiafico stated that there has been a fair degree of confusion on the part of members of the public and potential investors in Fairfield Hills about the position of the town. “We have voted, not unanimously, but we have
voted”. The First Selectman has categorically stated that he will follow the will of the Board of Selectmen. The motion that was made was not only with respect to the leases but also with the plans for Bridgeport Hall. First Selectman Borst stated that when he campaigned he said he was not looking for “Yes” men on the Board of Selectmen and he definitely does not have that.
Status on Municipal / Board of Education Office Space
Town Attorney David Grogins advised that there has been some question about the methodology with which we intend to build the town offices and Board of Education space. He wrote a letter to the State Board of Education pointing out that the design/build project does comply with the bidding process because subcontracts have to be bid. He hopes the state will take this under review and the Board of Education space in the building will be subject to reimbursement. He has not yet heard back from the state. Selectman Rosenthal advised that he contacted O&G Industries and they had been in touch with the State Board of Education and were getting together with Ms. Paige Foreman shortly. They feel they can supply whatever information is necessary to prove compliance. Selectman
Mangiafico asked the First Selectman to make sure that Schools Business Manager Ron Bienkowski is involved with the process of ensuring the $600,000 funding from the state reimbursement. First Selectman Borst advised that he will talk to Mr. Bienkowski tomorrow.
Status on High School Expansion Project
First Selectman Borst advised that the Board of Education is holding an informational meeting on this tomorrow evening at 6:00 p.m.
Survey Results – Mr. Paul Lujdquist, Harrison Group
Mr. Lundquist gave a general overview of the survey that was conducted between September and October 2007 with results from 852 households. He concludes that the data is reflective of the census of Newtown, meaning that with a +/- 3% rate of error, the results would hold the same if each household in town had participated. He gave a full written copy to the members of the Board of Selectmen. These full results will be presented on January 8 at 7:00 pm in the Alexandria Room at the Town Hall.
Appointments/Reappointments
Selectman Paul Mangiafico moved to approve one appointment and one reappointment (attached to minutes). Motion seconded and unanimously carried.
Tax Refunds
Selectman Rosenthal moved to approve January No. 9 Tax Refunds in the amount of $9,659. Motion seconded and unanimously carried.
Legal Matters - None
Jan Andras, Clerk
Attachment A: Municipal Grievance Procedure (ADA)
Attachment B: Appointments
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Municipal Grievance Procedure
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the Town of Newtown.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
ADA Coordinator, Town of Newtown
Building Department, 31 Pecks Lane
(203) 270-4260
Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the ADA Coordinator will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Town of Newtown and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the First Selectman or his/her designee.
Within 15 calendar days after receipt of the appeal, the First Selectman or his/her designee will meet the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the First Selectman or his/her designee will respond in writing and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by ADA Coordinator, appeals to the First Selectman or his/her designee, and responses from the ADA Coordinator and First Selectman or his/her designee will be kept by the Town of Newtown for at least three years.
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BOARD OF SELECTMEN – January 7, 2007 Meeting
APPOINTMENTS
Cultural Arts Commission
Raymond Shaw, 55 Eden Hill Road 01/07/09
(recommendation of Cultural Arts Commission members)
Health District
Dr. Robert Grossman, Mt. Pleasant Road 06/30/10
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