The Board if Selectmen held a regular meeting Monday May 19, 2008 at 7:30p.m. in the meeting room of the C. H. Booth Library located on Main Street, Newtown, CT. 06470. First Selectman Borst called the meeting to order at 7:35p.m.
PRESENT: First Selectman Joseph Borst, Selectman Herb Rosenthal, Selectman Paul Mangiafico.
ALSO PRESENT: Public Works Director Fred Hurley, Town Engineer Ron Bolmer, Town Attorney David Grogins, twenty-five members of public, one member of the press.
VOTER COMMENTS: None noted.
COMMUNICATIONS:
First Selectman Borst addressed the Board regarding Cingular Wireless and plans to modify the antennas on their cell tower located at 131 Berkshire Road, Sandy Hook CT.
Selectman Mangiafico asked Mr. Borst to please clarify the questions raised by Mr. Douglas Brennan at the last meeting on May 5, 2008, Mr. Mangiafico stated that he would like to see a response from First Selectman Borst regarding the questions posed by Mr. Brennan.
First Selectman Borst addressed the Board regarding the Tax Assessment reduction proposal on 31 Pecks Lane, Newtown. Mr. Borst stated that the tax assessment reduction proposal was discussed by the Board, Town Attorney David Grogins, Financial Director Ben Spragg and Tax Assessor Tom DeNoto and came to the conclusion that it would not be in the best interest of the Town to accept the proposal due to the following reasons; The acquisition proposal does not establish the appraised value of the property and that the State of Connecticut is not statutorily allowed to establish a single property assessment phase in valuation only revaluation of all town property one every five years.
Selectman Rosenthal referred to the memo First Selectman Borst sent asking Mr. Rosenthal to respond to the questions posed by Mr. Brennan. Selectman Rosenthal added that the first and only time that he had become notified of the issues was through an article in the Newtown Bee and there was no notification given to the Board of Selectmen.
Selectman Mangiafico discussed with the Board the timeline of events regarding Mr. Brennan’s request. On May 5, 2008 Board of Selectman meeting, Mr. Brennan addressed the Board at the meeting and requested clarification and answers regarding Fairfield Hills issues such as parking, leases, asbestos, cost of energy, cost of sewers and maintenance. On May 7, 2008 Selectman Mangiafico sent an email to Mr. Borst requesting a response to Mr. Brennan be written up and subsequently added to the agenda for May 19, 2008 as a discussion item. On May 19, 2008 Selectman Mangiafico is still requesting the response to the questions posed by Mr. Brennan.
First Selectman Borst responded that he would be in contact with Mr. Brennan when he returns to Newtown from a business trip.
Selectman Mangiafico suggested getting questions Mr. Brennan is posing in writing from him as he offered to do.
First Selectman Borst agreed that would be a reasonable request.
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ACCEPTANCE OF MINUTES:
The minutes of May 5, 2008 were accepted with exception to the following section. Under Discussion Item for Newtown High School Expansion and Parks & Recreation/Senior Center Funding Appropriations, the following sentence should read as; Selectman Mangiafico asked if any towns ever bond long term indebtedness beyond twenty years.
Selectman Mangifico moved to accept the minutes as amended. Selectman Rosenthal seconded motion. All were in favor.
UNFINISHED BUSINESS:
1. Clerk of the Works
Selectman Rosenthal stated that the job description and duties of the clerk of the works seems adequate for the most part except for some change in wording and a dollar amount should be added in the fifth bullet.
Selectman Mangiafico asked if the submitted draft has been read and approved by all Public Building and Site Commission members. Mr. Borst responded that he has requested from the Public Building and Site Commission a document to verify that they have received and reviewed the draft, of which he has not yet received.
Selectman Mangiafico addressed First Selectman Borst on an update regarding two issues, Nano Technology in Newtown and the Economic Development Commission coming to a common ground regarding the Tech Park. Mr. Borst stated that he has been in contact with Mr. Peter Longo and is planning on contacting Community Development Director Liz Stocker, Nano Technology is still an active adgenda item. Mr. Mangiafico went on to say that establishing Nano Technology in Newtown would only benefit the Town. Regarding the Tech Park, Mr. Borst stated that he has been in contact with EDC chairman, Chet Hopper who indicated that Spath is still working on the plans. Mr. Borst added that he would like to make sure the Town gets the Deed for lot slated for open space.
NEW BUSINESS:
1. Maintenance Bond Release, Road & Drainage Work Agreement on Gelding Hill Road & Orange Pippin Road - “Cider Mill Farm” Subdivision.
Upon recommendation of $3000.00 Maintenance Bond release for Gelding Hill Road and Orange Pippin Road Selectman Rosenthal moved to approve the Maintenance Bond Release in the amount of $3000.00. Selectman Mangiafico seconded motion. All were in favor.
2. Iroquois
Iroquois Gas Transmission Systems representative, Ruth Perkins addressed the Board regarding their proposal to the Town for the permanent easement of the 4.63 acre parcel
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on Kale Davis Road. Ms. Perkins stated that the easement is required by the Army Corps. Of Engineers.
Selectman Rosenthal stated that recently when the Charter revisions passed in the referendum he thought changes were to be effective 30 days after the referendum, so there for no action can be taken on any issue where the Charter would be enacted. Town Attorney David Grogins agreed that it would in fact be effective 30 days from the date it passes. Mr. Grogins went on to say that section 3-30(a)(6) of the Town Charter was changed regarding, granting of easements. Attorney Philip Small, representing Iroquois stated that they would need an acceptance on the two conservation easements before DEP will move on.
Mr. Mangiafico stated that he would be in favor upon reading Iroquois proposal of items 1, 2 and 3. Selectman Rosenthal moved item numbers 2 and 3 for recommendation on easements for public access and wet lands mitigation. Selectman Mangiafico seconded stating that if the Board was in agreement, Iroquois would not have to return to propose item number 1 again. All were in agreement.
3. Leap of Faith/Lake Zoar Authority
First Selectman Borst addressed the Board regarding the Lake Zoar Authority and a special town meeting that took place November 9, 1972 in which the town failed to notify the Department of Environmental Protection that the Town was not a member of the Lake Zoar Authority. Mr. Borst went on to say that more recently the Lake Zoar Authority has requested for the Town of Newtown to join the authority along with Monroe, Southbury and Oxford in issuing permits, establishing fees and rates for activities. Mr. Steve Jaroszewski, a representative from the Lake Zoar Authority stated that the Authority is requesting an $800.00 fee for the patrol boat, gas, $55.00 an hour per event for the cost of the patrolling officer all of which are the fees the Lake Zoar Authority
incurs for holding the event, roughly $180.00 per hour for the six hour minimum. Mr. Jaroszewski stated that the DEP would surely charge a minimum of the $180.00 plus the additional costs for travel, he stated that the Authority is trying to implement the fairest rules and regulations.
Mr. Joel Zeisler of 90 Housatonic Drive Sandy Hook, CT. 06482 and coordinator of Leaps of Faith Water Ski Club addressed the Board regarding the Leaps of Faith program. Mr. Zeisler stated that in the past they have done their own patrolling and previously the Lake Zoar Authority has offered the use of their boat for events. Mr. Zeisler went on to explain that Leaps of Faith (a non-profit organization) has, in gratitude, sent in $100.00 donation to the Lake Zoar Authority for their help, then they started charging $300.00 and now it has gotten up to an $800.00 fee for their patrol boat. Mr. Zeisler stated that the Lake Authority is expressing concern over the number of clinics being held as well as their liability and safety of participants of events, where
Leap of Faith has had Newtown Ambulance members present at events. Mr. Zeisler was asking the Town to not sign off.
Mr. Paul Gallichotte of Lee Farm Road, Southbury stated that the DEP sets the regulations for permits. Mr. Gallichotte went on to explain that Leaps of Faith did not
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have to go through the Lake Zoar Authority but thought it’d be the proper way to gain access to the Lake.
Mr. Dan O’Donnell of 12 Bridge End Farm Lane, Sandy Hook stated that the Lake Zoar Authority and Leap of Faith are great organizations and is asking the Town of Newtown not give the Lake Authority any more authority.
Selectman Rosenthal stated that it seems as though the Town thought is was acting under Connecticut General State Statutes 7-151(a).
Mr. Grogins offered to look over the statutes regarding the Lake Zoar Authority to help the Board come to a conclusion.
Selectman Rosenthal suggested that perhaps the four towns can absorb the cost the Lake Zoar Authority is now charging.
Mr. Rick Formiglietti of East Haven, CT. addressed the Board regarding the value of the Leaps of Faith program. He said it provides disabled persons exercise and camaraderie between participants and he expressed hopes that the increase in cost(s) will not cause the program to cease. Mr. Formiglietti stated that if this program were one designed for physically capable persons that the funds would not be an issue, now that the disabled population is at hand he is afraid the funds will “not be available”.
Mr. William Soracin of 58 Housatonic Drive stated he and his neighbors and other residents of the area are wiling to sign off on usage of the water way if necessary as this is a great program.
Mrs. Christine Gallichotte of Lee Farm Road, Southbury questioned why Lake Zoar Authority Patrol boats were out well into October and even on rainy days, she said she did not understand the increase in fees and did not want to hear about a shortage of money when it seems as though funds were being squandered.
Mr. George Stoversky of Long Island, New York stated that the program Leaps of Faith provides is wonderful and no one asks anything in return.
Mr. Todd Mund a volunteer at the program, stated that by endorsing the Lake Zoar Authority they will be able to increase the fees even further and sectioning off less than 5% of the Lake is not too much to ask without raising the fees.
The Board agreed to have Town Attorney David Grogins look into the statutes the Lake Zoar Authority is using.
4. Board of Assessment Appeals:
Joseph Lempel and Clare Lempel vs. Town of Newtown
SPX Corporation vs. Town of Newtown
See Discussion Item - Executive Session
5. Eminent Domain
First Selectman Borst addressed the Board regarding the ordinance proposed by the Borough of Newtown concerning Eminent Domain as a letter was received from Planning and Zoning Commission Chairman, Lilla Dean stating that the Planning and
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Zoning Commission fully supports the ordinance concerning Eminent Domain requesting the Board of Selectman to respond within forty-five days.
The Board agreed to have Mr. Grogins review ordinance and make a recommendation for a decision. Mr. Grogins stated that the Town has never taken a private property for Economic Development purposes and the Eminent Domain is very seldom used in smaller municipalities.
6. Clean Energy Task Force (Provide findings of alternate energy suppliers)
Mr. Ben Toby of 69 Alberts Hill Road, Sandy Hook presented to the Board recommendations on purchasing Clean Energy. (See Attachment A). The Board discussed with Mr. Toby and Mr. David Stout of 9 Grand Place, Newtown, Clean Energy and renewable resources recommended and the benefits to the Town for participating such as receiving a solar panel for every 100 town residents who sign up for Clean Energy through their provider. The Clean Energy Task Force recommended to the Board going with Community Energy as their provider.
Mr. Terrence Ford of 45 Toddy Hill Road, Sandy Hook and also a member of the Clean Energy Task Force added that it is important to look to the future with this issue as well as what kind of contracts are available and to watch the market carefully.
Selectman Rosenthal moved to accept Community Energy as recommended by the Clean Energy Task Force as the Town has already committed to making twenty percent of energy used, Clean Energy. Selectman Mangiafico seconded, stating that he may not necessarily agree with going for twenty-six percent, as opposed to twenty percent Clean Energy. All were in favor.
7. Fairfield Hills requests
First Selectman Borst addressed the Board regarding the memorandum received from Town Attorney David Grogins concerning Gas, Electric, the Newtown Hall parking lot, the Newtown Youth Academy parking lot, the Parks and Recreation building and Funds available analysis (See Attachment C).
Selectman Rosenthal moved the following resolution, that the Board of Selectmen endorse the actions recommended in the Memorandum dated May 18, 2008 from Town Attorney David Grogins to Robert Geckle, Chair of the Fairfield Hills Authority and furthermore, that the Board of Selectmen direct the First Selectmen, pursuant to Section 3-10(a) of the Charter of The Town of Newtown, to ensure that all said actions are carried out in a timely manner, subject to the concurrence of the Fairfield Hills Authority, and that the Board of Selectmen be informed on these matters at every Selectman’s meeting. Selectman Mangiafico seconded motion.
Selectman Rosenthal followed by saying that issues are being addressed that the Selectmen are not being informed of.
Selectman Mangiafico added that he was concerned by electric lines being encased in concrete, if this practice is not a code requirement but more a design of CL&P why don’t they pay for the encasing. Mr. Grogins responded in that the $800,000 task of encasing the electric lines was not anticipated and CL&P has not offered a satisfactory answer Selectman Rosenthal added that he would like the Board to move along for the purposes
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of sticking to the prior agreements made with the Newtown Youth Academy. Selectman Rosenthal thus moved the following resolution, that the Board of Selectman direct the First Selectman to contact the upper management of CL&P/ Northeast Utilities, including the CEO, if necessary, to obtain relief for the cost of encasing electric lines in concrete, i.e., either that they pay for it or not require it. The contact should be made by the First Selectman personally or delegated to one of the other Selectman, if willing. Selectman Mangiafico seconded motion and stated that he would contact CL&P on behalf of the Board.
Mr. Fran Pennarola of 17 Webster Place, Newtown and Attorney to Mr. Peter D’Amico of the Newtown Youth Academy stated that the most important issue to Mr. D’Amico is the parking and they are looking into options for permanent parking.
8. The following discussion item was added to the agenda for Monday May 19, 2008
First Selectman Borst addressed the Board regarding two resolutions one for the appropriation of $500,000.00 for various public improvements (i.e. two Adult Youth Fields and Baseball Field lights) and the appropriation of $3,150,000.00 for various public improvements.
Additionally, transfer of funds for the Police Department from account #01310-1003 Sworn Personnel in the amount $35,000.00 to account #01310-1005 Police Overtime in the amount $35,000.00. (See Attachment B)
Selectman Rosenthal moved to adopt the resolution appropriating $500,000 for various public improvements and authorizing the issuance of $500,000 bonds of the town to meetsaid appropriation and pending the issuance thereof the making of temporary
borrowings for such purpose. First Selectman Borst seconded motion. All were in favor.
Selectman Rosenthal moved to adopt the resolution appropriating $3,150,000 for various public improvements and authorizing the issuance of $3,150,000 bonds of the town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose. First Selectman Mangiafico seconded motion. All were in favor.
Selectman Rosenthal moved to accept the transfer for the Police Department FROM account #01310-1003 Sworn Personnel in the amount $35,000.00 TO account #01310-1005 Police Overtime in the amount $35,000.00. Selectman Mangiafico seconded motion. All were in favor.
9. Executive Session
First Selectman Borst moved to enter executive session to discuss legal matters. Motion seconded and unanimously carried.
Meeting entered executive session at 11:03p.m. and returned to open session at 11:15p.m.
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The Board subsequently voted to recommend to the Legislative Council at their May 21, 2008 meeting, approval of the Town to defend itself against the following legal actions:
(A) Joseph Lempel and Clare Lempel – Tax Assessment Appeal
(B) SPX Corporation – Tax Assessment Appeal (Kendro Building)
(C) Daniel J. Amaral – Tax Assessment Appeal
(D) Carol A. Amaral – Tax Assessment Appeal
(E) Pinecrest Estates – Tax Assessment Appeal
Additionally, no vote was taken in the case of Page Kroha against the Newtown Board of Education as this is a personal injury situation and is the responsibility of the Board of Education’s Attorney to defend.
ANNOUNCMENTS:
None Noted.
ADJOURNMENT:
Having no further business, First Selectman Borst moved to adjourn the meeting at 11:15p.m. Motion carried unanimously.
Submitted by Cayenne Spremullo, Clerk
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First Selectman, Joseph Borst
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