The Board of Selectman held a regular meeting on Monday July 21, 2008 in the Meeting Room at the C. H. Booth Library, Main Street Newtown, Ct. 06470. First Selectman Borst called the meeting to order at 7:30 p.m.
PRESENT: First Selectman Borst, Selectman Rosenthal, Selectman Mangiafico.
ALSO PRESENT: Financial Director Robert Tait, Town Engineer Ron Bolmer, George Benson, Director of Land Use Agency, Chairman of the Planning and Zoning Commission Lilla Dean and member Jane Brymer, twenty members of public, one member of press.
VOTER COMMENTS: Ruby Johnson, 16 Chestnut Hill Road, asked how the prevailing rate that Parks and Recreation will charge at Fairfield Hills will be paid for – will Parks and Recreation put the money in their budget or will parents pay through registration. Private developers are making a profit at Fairfield Hills. The Newtown Youth Academy is guaranteed $1,200 per year because the Town has committed to schedule 1,200 hours there. Also Newtown Savings Bank stands to profit because the Town signed a lease at a reduced interest rate. Hawley was to pay half of its fees up front but asked for an extension. If the affordable housing that P&Z is asking for at Fairfield Hills can be used by employees, maybe we should consider this.
Ed Marks, Chairman of the Parks and Recreation Commission, stated that Mrs. Johnson was inaccurate.
John Aurelia, 83 Castle Hill Road, asked when the four season sunroom will be completed at the Senior Center. It was to be completed with the addition but it was not. Mr. Borst will check with Public Works Director Fred Hurley who is working on this project.
COMMUNICATIONS
Selectman Borst noted that Selectman Mangiafico had expressed concerns about the large boxes that AT&T is installing on phone poles in Town. Some are blocking sight lines and some are over sidewalks. Selectman Borst noted that the Town has the right to appeal or approve these boxes. Selectman Rosenthal noted that the State Department of Public Utilities has ruled that the utilities must have the approval of both the property owners and the municipality to place the boxes. Town Engineer Bolmer noted that Public Works receives these requests to place the boxes and forwards them to Selectman Borst. Mr. Bolmer said that the Town must appeal placement of the boxes within a certain number of days. Selectman Mangiafico said that he has received complaints about these boxes, which are presently located at Queen Street and
Church Hill Road, in front of My Place and across from the Middle School. He would like the opinion of the Town Attorney as to our legal rights and do the utilities need our approval. He said that the boxes are the size of refrigerators and that they are in easements. Selectman Borst will consult the Town Attorney. Selectman Rosenthal would like AT&T to attend a Board of Selectmen’s meeting to explain why they are placing the boxes and why they have chosen these locations. Selectman Mangiafico noted that there have been problems with these boxes exploding. Selectman Borst will send a letter to the utilities stating that Newtown does not approve of this.
ACCEPTANCE OF MINUTES: The minutes of the regular meeting of July 7, 2008 will be amended to delete the paragraph under “CL&P Report” and insert “Selectman Mangiafico informed the Board that after some research, meetings and revisions the newly updated FFHA electrical load projection compilation was completed. The new projections show markedly reduced loads from the 2006 projections. The new projections appear to be well below the 3 Mw level and a further meeting with CL&P is being planned to finalize the plan for trench containment. It is anticipated that we will be able to eliminate the $800,000 bill for concrete containment.” Under New Business “area’s” should be “areas.” Tilson Woods, second paragraph “After discussion” should
precede “Selectman Mangiafico.” Also Town Attorney Dave Grogins requested that the new streets be included in the Town “road system” not “road records.” Selectman Mangiafico moved to accept the July 7, 2008 minutes as amended, second by Selectman Borst. Selectman Rosenthal abstained as he was not in attendance at that meeting. Motion carried.
UNFINISHED BUSINESS
Discussion and possible action: Affordable housing – P & Z Incentive Housing Zone Study Grant.
Lilla Dean, 14 Old Hawleyville Road, Chairman of the Planning and Zoning Commission (P&Z), had previously distributed a revised “Town of Newtown Incentive House Zone Study Grant Project Plan.” She explained that P&Z wished to apply for a grant to study feasible locations for affordable housing in Newtown. The application will focus on the eight houses at Fairfield Hills and two other areas in Town that are on State roads. P&Z is requesting that the Board of Selectmen approve asking the Legislative Council for approval to apply for this grant. Selectman Rosenthal moved that the Town of Newtown Board of Selectmen recommend to the Legislative Council that the Town apply for the Town of Newtown Incentive Housing Zone Study Grant. Second by Selectman Borst. Selectman Rosenthal noted that
the Town does need more diversity of housing opportunities. He is concerned about including Fairfield Hills property because the public was very much opposed to housing when the Fairfield Hills Master Plan was being formulated. He said that the Board of Selectmen did recommend to P&Z that they look at the eight houses at Fairfield Hills for housing if any feasible plan was brought forward but P&Z eliminated that from the Plan. He said that if the Fairfield Hills housing is for Town employees and would be affordable he might change his mind. He is glad that the five duplexes are not included. Mrs. Dean said there would be no strings attached in applying for funds for this study. Selectman Rosenthal asked if we would need a housing authority if the Town rents the houses. Mrs. Dean noted that we would not sell them and that the State had said that long leases would be fine. Selectman Mangiafico asked for the definition of affordable housing. Mrs. Dean said either 80% of the
median income or 80% of the median price of homes. The median price in Newtown is $400,000 so 80% would be $320,000. Mrs. Dean noted that the State has issues with septic systems and sewers. But she noted that if the Town does not take the State mandate seriously, we could be forced to accept a developer’s affordable housing where we do not want it. Selectman Mangiafico suggests that there are financial considerations not sewer or septic issues. He said that housing on the Fairfield Hills campus was not intended when the Town purchased the property and also that Paul Lundquist’s study indicated that people were not in favor of housing at Fairfield Hills. He is not in favor of housing at Fairfield Hills. Mrs. Dean said that this is adaptive reuse and that 80% of the people said that we should consider adaptive reuse. Selectman Rosenthal noted that the Board of Selectman still would control the Master Plan without the approval of P&Z. He said that he is inclined to
support the grant with the eight houses as long as it is clear that it does not mean that we will be doing this. Mrs. Dean said that this planning and is not binding in any way. Selectman Mangiafico asked Mrs. Dean if she felt that she could go forward without any reference to Fairfield Hills. Mrs. Dean does not feel that we would be able to compete with the other 169 municipalities without a specific idea and feels that this is a stronger application with the eight houses. Selectman Mangiafico said that he cannot support this with Fairfield Hills as a specific focus of the request. Mrs. Dean said that this is adaptive reuse. Selectman Rosenthal would like the application be more narrowly defined and does not want this to limit us to the eight dwelling units at Fairfield Hills. He feels that the focus of the request is greater on the eight units than on the rest of the Town.
George Benson, Land Use Director, said that this is an application for a grant to get money and to answer questions that the Town has. He said that Fairfield Hills is a focus because it has water, sewer and a main road so that Fairfield Hills fits into what the State is looking for in this grant. He said we are trying to look at the whole Town. Selectman Mangiafico feels that we would be taking a strategic step towards making Fairfield Hills into housing. Mr. Benson said that P&Z would come back to the Board of Selectmen before final submission to the State if the Legislative Council approves the application. The Board of Selectmen agreed to review the matter after the Board of Finance and Legislative Council make their recommendations. Mr. Borst said that he has been in favor of this application all along.
Vote on motion: YES (Borst, Rosenthal). NO (Mangiafico). Motion carried.
NEW BUSINESS:
Discussion and possible action~~
DRIVEWAY BOND RELEASES
HERDE CONSTRUCTION,
145 HUNTINGTOWN ROAD, Map 35, Block 7, Lot 25.07 $1,000 posted: 05/02/07
HERDE CONSTRUCTION,
143 HUNTINGTOWN ROAD, Map 35, Block 7, Lot 25.05 $1,000 posted: 05/02/07
MICHAEL KING, SWEET MEADOW ROAD, Map 14, Block 8, Lot 42 $4,900 posted: 03/06/08
Road Bond Reduction. Selectman Rosenthal moved to approve reduction in the road bond for Fallen Leaf Road, Harvest Hill subdivision from $270,000 to $84,000. Second by Selectman Mangiafico and unanimously carried.
Tax Refunds Selectman Mangiafico moved to approve tax refund #1 dated July, 2008 in the amount of $6,182.34. Second by Selectman Rosenthal and unanimously carried.
Appointments/Reappointments Selectman Mangiafico moved to appoint Michelle Rosenthal to the Library Board of Trustees term July 1, 2008 through July 1, 2011. Second by Selectman Borst. YES (Borst, Mangiafico). Selectman Rosenthal recused himself. Motion carried.
Board of Managers – changing trustee of Mary Hawley Trust Edmond Town Hall Board of Manager member Sandra Motyka had previously sent the Board of Selectmen a letter stating that the Edmond Town Hall Board of Managers had voted to change the trustee for the Mary Hawley Trust Fund from Bank of America to Union Savings Bank. Selectman Mangiafico moved to recommend that the trustee for the Mary Hawley Trust Fund be Union Savings Bank. Second by Selectman Rosenthal for discussion. Selectman Rosenthal agreed that the returns with Bank of America were poor. He asked if the Edmond Town Hall Board of Managers had held discussions about changing the trustee with the Library Board of Trustees and the Board of Education for the Hawley Fund, who are the other parties in the Mary Hawley Trust Fund. Mrs. Motyka
said that there had been informal discussions with the Library but not the Board of Education. She said that the Board of Managers had reviewed the trustee matter as one entity. Selectman Rosenthal said that we should be more organized and that the Town got a better deal with the Bank of America by making them co-mingle the trust funds. Mrs. Motyka said that our fees were based on the $1 million that the Board of Managers have not on the other trusts.
Jay Gill, Chairman of the Edmond Town Hall Board of Managers, noted that the interest on the trust fund was only going to be only $41,000 on $1 million and has been declining for the past several years. Mrs. Motyka noted that David Brown, CPA, had figured that the Board of Managers could get a much better return by changing one fixed item into an equity item.
Peter Marshall, Library Board of Trustees member, said that the Library is in the same process because the Library is also dissatisfied with the Bank of America. He said that the Bank of America said that they believe that they cannot return all income but must reserve some for the future. The Library Board of Trustees sent out five Requests for Proposals and plans to interview. He said that the Bank of America defends everything that they have done and they said that the Library does not have the right to change trustees and thus did not respond to the RFP. He believes that Bank of America will challenge this proposal to change the trustee.
Mr. Gill noted that there is a new law under which some trust funds will be taxed. Mrs. Motyka said that we cannot get answers from the Bank of America and they did not know if the Board of Managers’ trust fund will be taxed.
Mr. Mangiafico agrees that the returns with the Bank of America have not been satisfactory. He said that discussions concerning the trustee should be done on a united basis with the other trusts. Mr. Rosenthal feels that before one trust leaves, there should be some coordination with the other trusts. Mrs. Motyka and Mr. Gill said that Bank of America was not aware of the other trusts and that they have done much work on their own.
Jim Juliano, Hundred Acres Road, is a member of the Edmond Town Hall Board of Managers. He said that Bank of America does not give reports unless we ask for them and then the reports are such that no one could understand them. We are not happy with the Bank of America.
Mrs. Motyka feels that the Town Hall Board of Managers should move forward as they have done much work on their own. She requested that a decision be made within three months concerning the trustee. Mr. Borst requested that the Board of Managers get together wit the Library and Hawley and report back to the Board of Selectmen. Mr. Gill noted that the banks that the Board of Managers interviewed stated that the trusts would be treated as one no matter how many trusts were involved.
Mr. Tait will gather information on the Hawley Trust and would attend a meeting of the trusts.
Sandy Hook Center Streetscape.
Ray Ruzek, 17 Maltbie Road, said that the Sandy Hook Streetscape Project has stalled and requests that the Town move forward with the remainder of the project. He said that it will be good for Newtown to have Sandy Hook Center revitalized. He said that this ties into the Plan of Conservation and Development. Also he said that this would be good for Fairfield Hills. He said that the Town is making a strategic mistake because the Town is preoccupied with Fairfield Hills and we are forgetting that there are other things going on in the Town. He said that the Town should honor its commitment to Sandy Hook Center.
Selectman Rosenthal said that Phase I has been completed. He agrees that the project should be completed. Selectman Mangiafico concurs. Selectman Rosenthal said that HVCEO made Newtown one of three programs in the region with this project but that when transportation funds were cut by the Federal government, Newtown was cut from the program. He said that the water line could not be extended through the center of Sandy Hook because one property owner reneged on his agreement to let the Town cross through his right of way. He would support a line item in the Capital Improvement Program for this project. Selectman Mangiafico noted that the $1.25 million for Phase II has disappeared. He said that Director of Community Development Liz Stocker said that we are going to need to be creative concerning funding. He asked who are we
and what does creative mean? He suggested that Selectman Borst ask Ms. Stocker how we are going to make up the shortfall of $1.25 million that we are not getting from the DOT. Selectman Rosenthal agrees that Ms. Stocker should be consulted. Mr. Ruzek asked if there is money in the CIP. Selectman Borst said that the $750,000 in the CIP was for the grant but we did not get the grant.
Mike Burton, 107 Glen Road, supports Phase II. He said that the maintenance for Phase I has been let go; trees and shrubs need pruning, sidewalks need to be sealed and isn’t the Town responsible for the maintenance for Phase I? Selectman Rosenthal thought that this was part of the deal and that the Town should seal the sidewalks. He suggests that this be discussed with Ms. Stocker. Mr. Burton suggested that a line item be put in the budget for maintenance.
Vito Kala, 4 Riverside Road, said that the water line and sidewalks should all be done at once for Riverside, Glen and Washington. Selectman Rosenthal said that the Town had no plans for the water line once we could not get across to Sandy Hook School.
Mr. Borst will discuss the matter with Ms Stocker.
Homeland Security Grant Program/Public Safety Interoperable Communications Grant Program FY 2007. Selectman Rosenthal moved to apply for the Homeland Security Grant Program/Public Safety Interoperable Communications Grant Program FY 2007. Second by Selectman Mangiafico and unanimously carried.
Litchfield Hall Demolition Estimated Cost. Selectman Borst noted that $650,000 had been approved for the demolition of Litchfield Hall and design of the Community/Senior Center Building. However, Claris Construction estimates that this will cost $825,000. The Town will go out to bid for the project and O&G is preparing Requests for Proposals. The matter will be tabled.
Selectman Mangiafico questioned why we built an addition to the Senior Center and why are we considering spending more money for a sunroom for the Senior Center when the seniors will be moving to Fairfield Hills. Selectman Borst noted that the seniors agreed only to the design of the new building. Selectman Rosenthal said that the project had to be split into two projects because the bids came in too high. He said that the Children’s Adventure Center asked to have an area in back enclosed and this will be done when the sunroom is completed. He said that this is a multi-purpose building that will continue to be used by other town agencies even if the seniors leave; possibly the Children’s Adventure Center would expand. The addition is to buy time until the new building is built.
Legal matters (possible executive session). Upon motion of Mr. Rosenthal, executive session was entered at 9:55 p.m. to discuss legal matters and to invite Mr. Tait and the clerk to attend. Executive session was exited at 10:10 p.m.
Selectman Rosenthal moved to authorize the First Selectman to enter into a lawsuit with Carl Phillipi, 42 Swamp Road, associated with zoning violations. Second by Selectman Mangiafico and unanimously carried.
Selectman Rosenthal moved to authorize the First Selectman to enter into an agreement pursuant to the Town Attorney’s letter dated July 16, 2008 concerning condemnation and delinquent taxes for Unit 31, Meadowbrook Condominiums, 55 Sugar Street, if the First Selectman makes the determination that the amount of back taxes owned are appropriate to be waived as part of the cost of the removal of the unit. Second by Selectman Mangiafico and unanimously carried.
Selectman Rosenthal moved that the First Selectman be authorized to defend the Town of Newtown in the matter of Hattertown, LLC vs. the Town of Newtown Inland Wetlands Commission. Second by Selectman Mangiafico and unanimously carried.
Bonding package for special appropriation resolutions. Mr. Borst noted that Robinson & Cole said that according to the April 7 Board of Selectmen’s minutes, the Board did not introduce the resolution for the special appropriation for the high school and did not vote to send the resolution to town meeting and referendum. He proposed amending these minutes to reflect these actions. Selectman Rosenthal said that the introduction of the resolution did not take place because the resolution was not properly warned on the agenda. He said further that the Board of Selectmen did not vote on the amount because there was a possibility that the amount could change and would thus be voted on at a future meeting of the Board of Selectmen but that this vote never took place. Mr. Tait noted that the special appropriation
for this resolution had already been approved. Selectman Rosenthal noted that only the Board of Selectmen can incur debt but that the Town can appropriate money. Mr. Borst will consult with Robinson and Cole.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. Having no further business, the meeting adjourned at 10:10 p.m.
Ann M. Mazur, Clerk Pro Tem
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