The Board of Selectmen held a regular meeting on Monday April 21, 2008 at 7:30p.m. in the meeting room at the C.H. Booth Library, Main Street, Newtown Ct. 06470. First Selectman Borst called the meeting to order at 7:30p.m.
PRESENT: First Selectman Joseph Borst, Paul Mangiafico, Herb Rosenthal
ALSO PRESENT: Town Engineer Ron Bolmer, George Benson of Land Use, Donna Culbert of the Health Department, Town Attorney David Grogins and Finance Director Ben Spragg.
VOTER COMMENTS: None noted
COMMUNICATIONS:
First Selectman Borst addressed the Board regarding, the authorization of the special Town meeting and resolution regarding the High School expansion and the Park and Recreation/ Senior Center projects which had been passed by the legislative council.
ACCEPTANCE OF MINUTES:
Selectman Rosenthal moved to accept the minutes of the regular meeting held Monday April 7, 2008. Selectman Mangiafico seconded motion, for discussion. Mr. Mangiafico addressed a few changes to be made to the minutes of April 7, 2008. Under Communications, the last sentence should read as follows; He then stated that some members of the Legislative Council did not feel this was a wise decision.
Under Acceptance of Minutes, the second sentence refers to Dr. Troll, this should read, Dr. Trow.
The Board of Selectman meeting minutes of April 7, 2008 were accepted as amended.
First Selectman Borst motioned adding to the agenda, discussion on possible well drilling in the Alpine area to remediate insufficient water supply.
Motion passed unanimously.
Ms. Culbert of The Town of Newtown Health Department addressed the Board regarding the insufficient water supply on Alpine Drive. She stated that her goal is essentially to gain access for Olmstead Water Company (through the Town) to remediate the problem. Ms. Culbert went on to explain that drilling a sufficient well is necessary and as there is no person or party who seems to be representing the owners (Riverside on Lake Zoar Association) for the parcel on Riverside Road (known as Map, Block, Lot – 43 16 RDS).
Apparently the association has been defunct as they have multiple years of back taxes owing. Originally the homes in the Alpine area were seasonal vacation homes, but as time went on the homes became the primary residences thus requiring the wells to be updated.
Town Attorney, David Grogins stated that the statutory agent for service on the property is Margaret Piazza. Mr. Grogins went on to explain to the Board that there are two alternatives the Town may approach in acquiring access to the property. The first option is taking the property by Foreclosure for back taxes, while, the second option is to take the property by Eminent Domain based on the Health and Welfare of the residents. Mr.
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Grogins said that the down side to a Foreclosure is that the court orders the sale (or auction) there by allowing anyone to take ownership, it would not automatically be
granted to the Town. While the benefit to taking the property by Eminent Domain is that the Town gets the property and fixes it accordingly. Mr. Grogins suggested for the Town to go ahead and get an appraisal on the property itself, the roads and a possible easement.
Selectman Rosenthal moved to obtain an appraisal on the property located at the northwest corner of Bancroft Road and Alpine Drive. All were in favor.
UNFINISHED BUSINESS:
1. Appointments and Reappointments
Selectman Rosenthal moved to approve the appointment of Mr. John T. Torok, Jr. (D) of 17 Old Hawleyville Road Newtown CT. 06470 to the Economic Development Commission,whose term will expire January 6, 2009. Selectman Mangiafico seconded. Motion carried unanimously.
Selectman Rosenthal moved to approve the reappointment of Mr. Robert Mouchantat (D) of 22 Underhill Road, Sandy Hook CT. 06482 to the Lake Zoar Authority,whose term will expire January 6, 2011. Selectman Mangiafico seconded. Motion carried unanimously.
2. Clerk of the Works
First Selectman Borst moved to table this discussion item until further information and clarification on the job description is received from Public Building and Site Commission Chairman, Bill Furrier or Commission member, Bob Mulholland.
(See ATTATCHMENT A – Project Manager)
NEW BUSINESS:
1. Driveway Bond Release/ Extentions
Selectman Rosenthal moved to release two Driveway Bonds for Academy Design & Construction, LLC. On Taunton Lake Road, identified by Map 17, Block 2, Lot 17 for $1000.00 originally posted 10/26/05 and Taunton Lake Road, identified by Map 17, Block 2, Lot 17 for $7000.00 originally posted 8/6/07.
Selectman Rosenthal moved to release the Driveway Bond for Charter Residential Development, LLC. On 8 Crosswind Court identified by Map 2, Block 9, Lot 1.19 for $1000.00 originally posted 10/6/06.
Selectman Rosenthal stated that the Road Excavation Permit Bond Release for Daniel & Tammy Kearns of 11 Dogwood Terrace, Newtown CT. 06470 for $500.00 originally posted 8/20/07, may be handled separately by First Selectman Borst.
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2. Maintenance Bond Release for Jet Brook Road, “New England Woods” Subdivision
Selectman Rosenthal moved to accept the Maintenance Bond Release, Road Drainage Work agreement on Jet Brook Road, “New England Woods” Subdivision for $40,000.000.
Motion passed unanimously.
3. Tax Refunds
Selectman Rosenthal moved to approve Tax Refunds in the amount of $25,946.68. Selectman Mangifico seconded. All were in favor.
4. Board of Assessment Appeals: Samonewt, LLC. VS. Town Of Newtown.
Selectman Rosenthal moved to authorize the court case involving the Samonewt, LLC. VS. Town of Newtown regarding the appeal of an increased commercial property valuation.
Selectman Mangiafico seconded. All were in favor.
ANNOUNCMENTS: None Noted
ADJOURNMENT:
Having no further business, First Selectman Borst moved to adjourn the Board of Selectmen meeting at 8:25p.m. on April 21, 2008. All were in favor.
Respectfully submitted, Cayenne Spremullo, Clerk
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First Selectman, Joseph Borst
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