The Board of Selectman held a regular meeting Wednesday June 18, 2008 at 5:00p.m. in the meeting room of the C.H. Booth Library located on Main Street, Newtown, CT. 06470. First Selectman Joseph Borst called the meeting to order at 5:00p.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, sixteen member of the public, one member of the press.
VOTER COMMENTS:
Ruby Johnson of 16 Chestnut Hill Road Newtown, CT. addressed the Board regarding three issues, the efforts set forth to accommodate hearing impaired individuals, the Fairfield Hills Parking Lot lease and stated that the Town is able to borrow at a lower interest rate than an individual also that there is $10 million left in the Bond issue. Lastly, addressed the most recent Fairfield Hills Authority meeting when a golf course and condos were asked to be looked into for the Fairfield Hills site, the Fairfield Hills Authority denied the requests.
Ms. Johnson also addressed two New York Times articles, “Administration Proposes Rules to Expand Access for the Disabled” (Attachment A) and “Old Farming Habits Leave Uzbekistan a Legacy of Salt” (Attachment B).
LeReine Frampton of 6 Pebble Road, Newtown addressed the Board in response to Ms. Johnson’s comments on the request made of the Fairfield Hills Authority for the golf course. Ms. Frampton stated that the golf course was looked into; consequently there would have been no room.
Mr. Roznicki of 169 Hanover Road Newtown, CT. stated that the financing for the demolition of Greenwich Hall should be approved to commence a permanent parking lot for the Newtown Youth Academy and read from a handout he submitted to the Board regarding differing financial outcomes for the project (Attachment C).
Mr. Douglas Brennan of 8 Antler Pine Road Sandy Hook, CT. addressed the Board regarding statements made by Mr. Roznicki about the interest rates for the Town, he believes that they are actually lower than what Mr. Roznicki had sited from his handout. Mr. Brennan went on to say the he believes that short term and temporary solutions do not fit the standards for the (Fairfield Hills) Campus and entering into a long term lease with escalations and flaws would be foolish for the Town.
Mr. Fran Pennarola of 17 Webster Place Newtown, CT. addressed the Board representing Mr. Peter D’Amico stated that as he understands it, the Town would have no prepayment penalty and the scheduled opening date for the Newtown Youth Academy is set for November 1, 2008. Mr. Pennarola recommended to the Board that the Town provide the parking as soon as possible as the project is a substantial investment to the Town, as the indoor Track will be used by the High School sports groups and Town residents.
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Mr. Gary Davis of 23 Charter Ridge Drive Sandy Hook, CT. addressed the Board regarding the permanent parking and the demolition of Greenwich Hall. Mr. Davis stated that he would like to see consistent reporting done on the Fairfield Hills projects making the following transparent, the funds left, grants the Town has applied for and denied as well as the grants applied for and received.
COMMUNICATIONS:
Lake Zoar
First Selectman addressed the Board regarding two letters received from Mr. Steve Jaroszewski of the Lake Zoar Authority (Attachment D) dated Monday June 9 and Tuesday June 10, 2008 (Attachment E). Selectman Mangifico asked what the question was exactly before the Board regarding the Lake Zoar Authority and Leaps of Faith issue. First Selectman Borst responded that the Lake Zoar Authority wants to charge their increasing fees onto the participants of the Leaps of Faith program.
A Lake Zoar Authority representative and resident of Oxford, CT. stated that what they are asking of the Newtown Board of Selectman is a letter of acknowledgement stating that the Town belongs to the Lake Zoar Authority, and as far as the fees being asked of the Leaps of Faith group, the fees are representative of the increasing costs of everything else. The fees are the Authority’s operational costs.
To clarify, Selectman Mangiafico stated that, essentially what the Authority wants is the Board to say that the Town will support Leaps of Faith by paying (in its entirety) the cost increase being assessed by the Lake Zoar Authority.
First Selectman Borst stated that no decisions will be made during this meeting, the Board will wait for David Grogins report.
Year End Budget Report from Finance
Selectman Mangiafico stated that the Year End Report (as submitted currently) is only through May 2008 and pointed out that on page 17, the available budget reads $14 million. Mr. Mangiafico stated that previously the average available monthly budget was $7 million and asked if this would indicate a $7 million surplus at year end. Selectman Mangiafico went on to state that it is not clear what was spent in the month of May, the report does not clarify current month expenditures.
First Selectman Borst stated that the Budget should be more transparent than it is and that he would speak with Financial Director Bob Tait.
Selectman Rosenthal added that the Board of Finance has their own format and this is the way it has always been done and explained that, in the past to figure out the current month end, you must look at the prior month. Mr. Rosenthal stated that any surplus may be used to decrease taxes for the following year (a current surplus would lower the 2008 Grand List taxes payable July 2009), the excess funds in department accounts may be encumbered or in some cases carried over or become part of year end surplus.
First Selectman Borst addressed the Reappointment of Martin Gersten of 90 Birch Hill Road Newtown, CT. to the Board of Finance. Mr. Gersten was appointed to fill the remaining time for Mr. John Torok’s term ending 2009 and there would be no problem
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with this reappointment. Mr. Borst stated that Town Attorney David Grogins and Town Clerk Debbie Aurelia came to the same conclusion.
Mr. Borst also addressed a recent discovery along Lake Zoar by Land Use employee Rob Sibley, sixteen wetland violations (such as expanded docks and beach fronts) which are consequently causing distress to the ecosystem.
This matter is to be addressed by the Conservation Department.
ACCEPTANCE OF MINUTES:
Minutes of June 2, 2008
Selectman Mangiafico moved to accept the minutes of Monday June 2, 2008 as submitted. Selectman Rosenthal seconded motion. All were in favor.
UNFINISHED BUSINESS:
1. Clerk of the Works
First Selectman Borst addressed that Board regarding the Clerk of the Works job description as recently drafted June 2, 2008 (Attachment F) which includes the changes as recommended by Selectman Rosenthal.
Selectman Mangiafico moved to accept and approve the Clerk of the Works for Public Building Projects job description draft dated June 2, 2008. Selectman Rosenthal seconded motion. All were in favor.
First Selectman Borst stated that he will address where the funding is to come from, Mr. Borst went on to discuss a memorandum received from Director of Business, Ron Bienkowski relating to the Clerk of the Works (Attachment G) in which he states that Morganti has allowed for $134, 000 to fund a similar position for the High School Expansion Project. Selectman Rosenthal stated that the Public Building and Site Commission seems to believe the same person can cover the High School project and the Town & School offices then some Town funds should be involved to pay part of the cost.
First Selectman Borst is to speak with Mr. Ron Bienkowski, Director of Business on funding.
NEW BUSINESS:
First Selectman Borst addressed the agreement signed with CL&P on May 21, 2008 regarding Energy Saving recommendations. To review, if the Town enlists all recommended strategies for Energy Savings, CL&P will give the Town $63,427. If only half of strategies are enlisted, CL&P is to give the Town half of the previously mentioned funds.
First Selectman Borst also stated that information as requested by Ruby Johnson on the Newtown Water & Sewer Authority will be mailed to her.
1. Fairfield Hills
Parking Lot Lease and Bridgeport Hall
Selectman Mangiafico gave the Board an update regarding the electrical status with CL&P at Fairfield Hills as he is working on with Public Works Director Fred Hurley.
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Selectman Mangiafico reviewed the issue, stating there was a problem with the trenches to lay the electrical lines at Fairfield Hills. CL&P informed the Town that the lines would have to be laid in concrete thus costing the Town an additional $800,000 not originally planned for.
Selectman Mangiafico and Mr. Hurley met with Senior Engineer of CL&P to discuss the concerns that led CL&P to the issue of laying the lines in concrete.
CL&P representatives explained that the Town was originally unable to tell CL&P exactly what electrical loads (wire sizes and loops) would be needed to bring underground power to buildings. Mr. Mangiafico went on to explain that they reviewed an old load and use chart and CL&P concluded that if the Town were to remain under 3 Megs., the trenches could be backfilled with sand and this would be adequate.
2. Driveway Bond Releases
Selectman Rosenthal moved to release the Driveway Bond for Gary Platt LLC of 181 Skyview Drive Southbury, CT. on 42 Hoseye Coach Road Newtown, CT., identified by Map 46, Block 4, Lot 105.94 for $1000.00 originally posted 7/17/07. (Attachment H) Selectman Mangiafico seconded motion. All were in favor.
3. Appointments
Selectman Rosenthal moved to approve the appointments of the following members;
Pam Buchler (D) of 39 Eden Hill Road Newtown, CT. for the Clean Energy Task Force (Attachment I), The following eight members as recommended by the Lake Lillinonah Authority for Lake Lillinonah Marine Patrol Officers – Tony Augustine, Kevin A. Brooks, John G. Puglisi, Christopher Rosado, Kevin J Seeley, Douglas N. Vane, Jameson A. Zaloski and Patrick C. Seeley. Selectman Mangiafico seconded for discussion stating that in Lake Lillinonah Authority’s recommendation letter, they should not have included the appointee’s Social Security Numbers as the paperwork is available for public viewing.
All were in favor.
Reappointments
Selectman Rosenthal moved the reappointments of the following Fairfield Hills Authority members, Andrew Willie (R) of 51 Butterfield Road Newtown, CT. and Walter Motyka (R) of 5 Kent Road Newtown, CT. whose terms are set to expire 7/31/11. Selectman Mangiafico seconded motion. All were in favor.
Selectman Rosenthal moved that LeReine Frampton of 6 Pebble Road Newtown, CT. be added as a permanent member to the Commission on Aging and Ross Carley of 66 Currituck Road Newtown, CT. as an alternate member. Selectman Mangiafico seconded motion. All were in favor.
4. June 2008 Tax Refunds
Selectman Rosenthal moved to approve the June 2008 Tax Refunds in the amount $10,370.41. (Attachment J) Selectman Mangiafico seconded motion. All were in favor.
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5. ADA Requirements for hearing and vision
First Selectman Borst addressed the Board regarding the American’s with Disabilities Act (ADA) and a letter from town resident Ruby Johnson (Attachment K) stating that it is the Town’s responsibility to provide the required assistance for disabled residents.
Ms. Johnson suggested to the Board that they make use of personnel to aid in outfitting Town facilities with assisted listening devices.
Selectman Mangiafico added that an ADA Committee should be formed and M. Johnson should be the Chair, as she is so knowledgeable on the issue.
Selectman Rosenthal stated that an ADA Committee was started during Bob Casella’s term, it just needs to be reactivated.
First Selectman Borst stated that he would look into the formation of an ADA Committee.
6. Fairfield Hills Leases
Mr. Don Studley of 49 Hundred Acres Drive Newtown, CT. addressed the Board with plans of the parking at the Newtown Youth Academy facility on the Fairfield Hills campus and presented to the Board a packet outlining the NYA Lease revisions (Attachment L).
Mr. Studley stated that the Fairfield Hills Authority has approved a Lease amendment and are now looking to the Board of Selectman to also give their approval.
Town Attorney, David Grogins addressed the lease issue for clarification. Mr. Grogins stated that the Town is not leasing back the parking lot from Mr. D’Amico; the Town is required to provide parking. Mr. Grogins went on to explain that the Town has enough funds to provide the temporary parking and if Mr. D’Amico prefers something better he will need to pay for it initially and the Town will reimburse him the costs. Mr. Grogins clarified that he did not propose the D’Amico parking plan and that he has been in contact with Robinson & Cole as well as the current and previous Financial Directors on the issue, they are okay with this as an operational expense.
He added that Town Auditor, Mr. Santifanti sees the project as a long term capital expenditure, which would require a special appropriation which would then require a Town Meeting, so that he will have to clarify this with him.
Mr. Grogins added that depending on what the Board decides there could be a different process required and that time is an important issue with the project as it has to be completed by November 1, 2008.
Selectman Rosenthal added that he would be in agreement with Selectman Mangiafico in that he would support the Town taking out a loan for the permanent parking project to pay it off with in two years if not sooner, as there would be no prepayment penalties associated. Mr. Grogins confirmed that there would be no prepayment penalty, this language would be added as an attachment to the Paragraph 1 A.2.
Selectman Rosenthal moved to approve amended Paragraph 1 A.2 (Attachment M).
Selectman Mangiafico seconded. All were in favor.
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7. RESOLVED
Selectman Rosenthal moved the following resolution stating that, Joseph E. Borst, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant. Selectman Mangiafico seconded. All were in favor.
8. Traffic Engineering Study – Queen Street
Tabled until next meeting, July 7, 2008.
9. Legal Matters
Selectman Rosenthal moved to authorize the Town to defend in the case of Mark Korotash vs. the Town of Newtown. Selectman Mangiafico seconded motion. All were in favor.
ADJOURNMENT:
Having no further business, Selectman Mangiafico moved to adjourn the regular meeting of the Board of Selectman at 7:00p.m. Selectman Rosenthal seconded motion. All were in favor.
Respectfully submitted, Cayenne Spremullo, Clerk
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