The Board of Selectmen held a regular meeting on Tuesday February 4, 2008 at the C.H. Booth Library, Main Street, Newtown, CT. 06470 at 7:30p.m. First Selectman Joseph Borst called the meeting to order at 7:30p.m.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herb Rosenthal
ALSO PRESENT: Finance Director Ben Spragg, 18 members of public, one member of press.
VOTER COMMENTS:
Barbara O’Connor of 36 Little Brook Lane Newtown, Ct. commented on Town Employees not filling requirements expected of them and abusing privileges allotted to them. Ms. O’Connor also commented on a newspaper article she presented to the Board regarding GPS navigation systems installed in Town vehicles may make it easier for employees to complete jobs (see ATTACHMENT A).
Ruby K. Johnson of 16 Chestnut Hill Road Sandy Hook, Ct. commented on concerns the Hearing Loss Association had regarding noise level emitted from local airports. Ms. Johnson presented a report to the Board from the FAA (see HLAA – CTSW Draft Position on the Lawsuit against FAA ATTACHMENT B) where the average decibels measured over a twenty-four hour period and based on normal hearing individuals where hearing had not been affected by out side sources. Ms. Johnson also commented on a Capital Improvement Report from 1999 for comparison purposes and stated that on a local level, the town government can only do so much. Ms. Johnson suggested to the Board that the Commerce Park Development should not go any further without completing a 5 year cost benefit analysis.
Glen Swanson of 9 Maple Wood Trail Newtown, Ct. added to the comments as made by Ms. O’Connor regarding the Town employee’s work ethic.
COMMUNICATIONS: None noted.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the minutes of January 22, 2008, January 23, 2008 and January 24, 2008. Motion seconded by Selectman Mangiafico. Motion carried unanimously.
UNFINISHED BUSINESS: Selectman Rosenthal moved to add Leases and the Fairfield Hills Project to the unfinished business discussion. Selectman Mangiafico seconded. Motion carried unanimously.
1. Coalition against Increased Jet Traffic
Selectman Mangiafico asked if the additional information had been received. First Selectman Borst responded that the additional information had not yet been received. First Selectman Borst proposed to table this discussion item until further information is received.
2. Fairfield Hills Leases
First Selectman Borst stated that he had the Leases with him to be signed. Selectman Rosenthal requested that the changes made to the Hawley Lease be clarified by the Town Attorney David Grogins. Mr. Grogins stated the modifications to the Hawley Lease included; lease term, rent amount, parking plan, common charges based on 16,000 sq. ft. (not including the basement) and any construction in excess of $200,000 the Town reserves the right to back out of lease. Selectman Rosenthal moved to confirm and ratify the lease to do so with the clarifications in the modified lease agreement. Selectman Mangiafico seconded. Selectman Mangiafico went on to discuss for clarification that the cap of $200,000 applies for two years and if fifteen years from now the lessee decides to tear down a wall,
essentially the town would not be responsible. Mr. Grogins responded that Selectman Mangiafico’s interpretation was correct and that it would benefit the town to not extend it beyond two years. Motion carried unanimously.
NEW BUSINESS:
1. Driveway Bond Releases/ Extentions
First Selectman Borst presented to the Board a Driveway Bond extension as filed by Mr. William Notaro regarding Lot 14 of Newtown Heights (Map 12 Block 5 Lot 14) (see ATTACHMENT C) also known as, 5 Serene Way, due to construction delays. Selectman Mangiafico approved. Selectman Rosenthal seconded. All in favor.
2. Increase in Transfer Station Demolition Disposal Rate
First Selectman Borst presented to the Board a recommendation from Fred Hurley, Director of Public Works to increase Demolition disposal rate by 30% (see ATTACHMENT D). Selectman Rosenthal moved to accept increase recommendation as made by Fred Hurley. Selectman Mangiafico seconded for discussion. Selectman Mangiafico stated that a 30% increase to pass on to the tax payers is a large increase and should not be accepted without further investigation. Selectman Rosenthal agreed that additional investigation would be reasonable. Selectman Mangiafico added that he would like to see the history of the previous increases. Selectman Rosenthal wondered if the increase may have already been included in the proposed budget of $133,000 for trash removal and demolition waste fees.
Selectman Rosenthal moved to table this discussion item #2 until the next meeting, February 19, 2008. Selectman Mangiafico seconded. Motion carried unanimously.
3. February Tax Refunds No. 10
First Selectman Borst presented to the Board February Tax Refunds (see ATTACHMENT E). Selectman Mangiafico moved to accept February Tax Refunds No. 10 in the amount $ 22,283.41. Selectman Rosenthal seconded. Motion carried unanimously.
4. Appointments/ Reappointments
First Selectman Borst presented to the Board the Appointment of Assistant Building Official John Poeltl, to Provisional Building Official thus replacing Tom Paternoster on his retirement (see ATTACHMENT F). Selectman Rosenthal moved to approve Mr. Poeltl as the Provisional Building Official, as he has come highly recommended and is well educated in the field. Selectman Mangiafico seconded. Motion carried unanimously. First Selectman Borst presented to the Board the Reappointment of Commission on Aging member, Norma Gray of 21 Great Hill Road, Newtown Ct. Selectman Mangiafico moved to approve the reappointment of Norma Gray to the Commission on Aging. Selectman Rosenthal seconded. Motion carried unanimously.
5. STC Traffic Study at Fairfield Hills
Town Attorney David Grogins advised that a State Traffic Commission Certificate would be needed for the Fairfield Hills Project regardless that it had been done for the Reed School and thus improvements had been made subsequently to Wasserman Way and Trades Lane. Mr. Grogins went on to say that the State requires a certification if significant traffic is added to the roads in question and improvements need to be added accordingly where needed. The State has given the Town a hearing date of February 13 to discuss the traffic study at the Fairfield Hills campus. Mr. Grogins suggested moving forward with the help of Frederick P. Clark Associates to conduct the traffic study due to time constraints and as no further work can progress without it.
David Cravinzola of O&G spoke about updates to the Fairfield Hills infrastructure activities to oversee improvements on the campus, taking necessary steps for planning and zoning and reallocating funds into the budget to be used for other improvements. Selectman Mangiafico questioned the Board if the traffic impacts were considered initially. Selectman Rosenthal stated that when the work was being done for the Reed School he had subitted to the State for a certificate waiver. Due to a lapse in time the request did not go through. Selectman Rosenthal moved for the adoption of task order #3and for O&G to hire Frederick P. Clark Associates for the traffic study. Selectman Mangiafico seconded. Motion carried unanimously.
6. Newtown Youth Academy waiver of fees
First Selectman Borst suggests the possibility of going into executive session. Selectman Mangiafico and Selectman Rosenthal were in agreement that there would be no reason for an executive session based on the letter received from Mr. Peter D’Amico and the letter sent by First Selectman Borst. The Board discussed past history of waiving fees in cases of non-profit organizations such as Trinity Church, Newtown Congregational, Saint Rose and Newtown Synagogue. Selectman Rosenthal stated that to his recollection on occasion charitable organizations had approached the Board regarding fees that Town charges for building permits and inspections. In these few cases the fees had been waived as they were small amounts. Selectman Rosenthal stated that he had never had any discussion with Mr. D’Amico regarding the waiving of the Town’s fees. Selectman Mangiafico added that to his recollection no agreement had ever been reached on the matter. Selectman Rosenthal stated that Mr. D’Amico
has modified the building (planned for use by the Parks & Recreation Department) and enlarged the footprint. If Mr. D’Amico can provide the Town with proof that he adjusted the size of the building to suit the needs of the Town, then perhaps some accommodation can be made in regards to the fees. First Selectman Borst reviewed the building square footage and the total fees assessed by the Town are $64,196.00. Selectman Rosenthal added that waiving the fees due to the Town would be a detriment due to the amount of work and inspections that go into a commercial building, which is why the fees are what they are. Selectman Mangiafico moved to rescind the waiver of fees until Mr. D’Amico can present to the Board. Selectman Rosenthal seconded. Motion carried unanimously.
Selectman Mangiafico moved to add to the agenda the 2008/2009 Budget. Selectman Rosenthal seconded. Motion carried unanimously.
Mr. William Rogers, Chairman of Legislative Council, requested for Leases to be signed at this point in the meeting. First Selectman Borst responded that he would in fact sign the Leases however, with reservations.
7. Budget 2008/2009
Selectman Mangiafico stated that the current budget is at $37 million, the Town side alone is $43 million (roughly a 16% increase from last year). The Town’s debt service is increasing the budget by 15% and either the Town’s operating budget or the debt services will have to change. Selectman Mangiafico presented to the Board his recommendations on decreasing the budget (see ATTACHMENT G). Selectman Rosenthal agreed that the budget is in deed high, with a lot of it being debt service and is happy to consider Selectman Mangiafico’s proposal for decreasing the budget, however, services the Town recieves are used and appreciated by Town residents and this should weight heavily on where reductions are taken.
Selectman Mangiafico moved to reduce Selectman’s Budget to $40,012,038.00, to reduce by $83,500.00, this would be the new budget including debt service. Selectman Rosenthal seconded for purposes of discussion and would prefer moving reductions.
First Selectman Borst moved to increase the reduction on account #1650, line item 4060 to $29,000 for contractual services. Selectman Mangiafico moved to amend motion and remove accounts #1419,1429, 1436, 1438 from reductions and increase account #1650 to $29,500. The total reductions will remain at $83,500. Selectman Rosenthal seconded amended motion. Motion carried unanimously.
Selectman Rosenthal added in regards to decreasing the budget, there is no fire truck being requested, therefore $48,425.000 in the 2008/2009 budget thus can be removed from debt service. Selectman Rosenthal stated that he was not in agreement to push back the new animal shelter for two more years. Selectman Mangiafico added that he was inclined to agree to remove the fire truck from the Capital Improvement Plan while adding the animal shelter back in. Selectman Rosenthal added that he would not want to see the Recreation Center removed from the CIP long term and that it be revisited sooner that later. First Selectman Borst added that Marilyn, Director of the Senior Center, is to submit a list of needs as comprised by the seniors who will be utilizing the Recreation Center. Selectman
Mangiafico moved to accept and advise the Board of Finance the CIP projects are acceptable except for removing fire truck and adding back in the animal center. Selectman Rosenthal added that the fire truck, engine 441, be added back in for the 2009/2010 budget. Selectman Mangiafico moved to advise in writing to the Board of Finance in respect to the CIP;
1. Engine 441, Sandy Hook, be removed from 2008/2009 budget and added to 2009/2010 budget.
2. The Canine Center/Animal Center to be added to 2008/2009 budget.
3. To remove Park & Recreation buidling until further notice.
Selectman Rosenthal seconded. Motion carried unanimously.
Selectman Mangiafico moved to move forward with the revised budget, to be further revised by Finance Director in regards to Capital Improvement Plan. Selectman Rosenthal seconded. Motion carried unanimously.
8. Legal Matters
First Selectman Borst moved to enter executive session to discuss legal matters and to invite Attorney Monty. Motion seconded and carried unanimously.
Meeting entered executive session at 9:25p.m. and returned to open session at 10:07p.m.
Selectman Rosenthal moved to approve the settlement that has been recommended by Town Attorneys regarding Reed School litigation and acceptable draft of settlement documents. Selectman Mangiafico seconded. Motion carried unanimously.
Selectman Mangiafico moved a special appropriation in an amount not to exceed $150,000.00 to be funded from the Reserve for Capital & Non-Recurring Expenditure Fund to be used for the purpose of the Reed School settlement of litigation. First Selectman Borst seconded. Motion carried unanimously.
ANNOUNCEMENTS: None noted
ADJOURNMENT:
Having no further business, Selectman Mangiafico moved to adjourn the meeting at 10:14p.m. Selectman Rosenthal seconded. Motion carried unanimously.
Cayenne Spremullo, Clerk
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