The Board of Selectmen held a regular meeting on Monday, September 15, 2008 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT. First Selectman Borst called the meeting to order at 7:30 p.m.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal
ALSO PRESENT: Finance Director Robert Tait, Town Engineer Ron Bolmer, Public Works Director Fred Hurley, Land Use Agency Director George Benson, Registrar LeReine Frampton, Police Chief Michael Kehoe, Police Commission Member Carol Mattegat, Director of Communications Maureen Will, Director of Community Development Elizabeth Stocker, Chairman of the Economic Development Commission Chet Hopper, Director of Development of O&G Jeff Cugno, Assistant Vice President of O&G Brian Holmes, Town Attorney David Grogins, Brian Humes of Jacunski Humes Architects. Twelve members of the public and two members of the press.
VOTER COMMENTS: Bob Merola, 22 Ashford Lane, Newtown, CT 06470 read a letter he wrote to the Board of Selectman, Finance Board and the Legislative Council stating he is vehemently opposed to the High School expansion as proposed. He asked the board to consider denying the additional $6,000,000 requested to fund the expansion. He would like the project to be redesigned and re-scoped to actual requirements. Mr. Merola noted that over the last several school years the Newtown School population has consistently been less than Bothwell projections.
COMMUNICATIONS: Selectman Borst notified the Board he will be out of town on October 2nd. The Economic Development Commission is holding a Salute to Business reception and dinner on that date and Selectman Mangiafico and Selectman Rosenthal are welcome to attend. Also, Selectman Borst will be out of town on October 23rd when there will be another Economic Development event.
Selectman Borst noted he would be moving item #2 under Communications: O&G Bridgeport Hall Bids to item #1 under Unfinished Business.
Fairfield Hills Update: Mr. Hurley stated everything seems to be on schedule. Newtown Youth Academy is on schedule to open November 1, 2008.
Unfinished Business:
Discussion and possible action: O&G Bridgeport Hall Bids
Jeff Cugno, Director of Development at O&G reported that the municipal building bids came in within budget at the end of August. Brian Holmes, Vice President of O&G confirmed the project was on budget. The overall budget is $10.7 million dollars. An entire new roof was not part of the original project, repair of the roof was. Mr. Holmes thinks it would be wise to put a new roof on. Mr. Cugno confirmed the current roof does not leak and the material is strong. Mr. Rosenthal stated he was assured a year and a half ago the roof did not need to be replaced. Mr. Borst stated he feels a new roof should be put on to protect the investment of the taxpayers. Mr. Holmes reported new roofing will go on the flat roof areas, the area above the vault and the dormer areas for
ventilation. All the gutters and leaders will be replaced for proper drainage. Mr. Holmes reported about 10% of the roof will be replaced. In closing, Mr. Cugno stated in order to have a good project that is safe and sound the roof does not need to be replaced. Selectman Rosenthal moved to authorize O&G to proceed with expending 10.7 million dollars in accordance with the contract and delay decision on going forward with a new roof until after the Fairfield Hills infrastructure meeting on September 18. Seconded by Selectman Mangiafico. (YES: Rosenthal, Mangiafico NO: Borst). Anticipated move date would be June 2009.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the minutes of September 2, 2008. Seconded by Selectman Mangiafico. All in favor.
Unfinished Business
Discussion and possible action (cont.):
AT&T:
Harry Carey, Director of External Affairs for AT&T, addressed the Board about a series of questions received from the Selectman’s Office.
Mike Lombardi from AT&T responded that there are currently eight VRAD boxes installed in Newtown with plans to install another ten in 2008, with an additional fifteen for 2009.
Jim Barret, legal AT&T stated the Department of Public Utilities Control (DPUC) rejects request to have the VRAD boxes any higher on the poles and sited the following reasons: the manufacturer doesn’t support the height, there is stress to the pole, it is less safe for workman when the boxes are higher, it is more expensive to maintain and the box would be closer to other wires on the utility pole that other companies need to access. Selectman Rosenthal stated he is very unhappy with the boxes installed on Queen Street, across from the Middle School saying they are very unsightly and they overhang the sidewalks. Mr. Barrett says by ADA standards there must be a 36 inch open space clearance. They need to be mounted away from the road for technician safety and site line concerns.
AT&T gives the Town the opportunity to look at the potential locations. They also put shrubbery and bushes around boxes to keep it from looking unsightly. It was agreed that Fred Hurley, Director of Public Works would designate an employee to go to the sites with AT&T. Questions regarding the battery packs were addressed by saying all faulty batteries have been removed. There has been no in-house testing of current batteries because they are the same batteries that have been used for decades. They have working experience with them. The voltage of the VRAD box is no higher than the voltage in a house. The warning sticker on the outside of the box is to warn the technicians that will be working on the box, it is not for residents.
Dave Grogins, Town Attorney pointed out this is a highly regulated area. If AT&T is not able to obtain consent through notification and discussion then the decision will be made by the DPUC. The Town cannot block it.
Transfer from Account: 01100-1073 Town Hall Salary Adjustment to Account: Various, $44,248.00 Selectman Rosenthal moved to approve the $44,248.00 transfer. Selectman Mangiafico seconded. All if favor.
NEW BUSINESS:
Discussion and possible action:
Driveway bond extensions: Selectman Mangiafico moved to approve two driveway bond extensions as outlined in Attachment A. Seconded by Selectman Rosenthal. All in favor.
Appointment/Reappointment: The appointment of Bob Mitchell to the Public Building and Site Committee was tabled pending a response from Barbara O’Connor.
Road & Drainage Work Agreement: Walnut Tree Hill Rd. & Alberts Hill Road, Shultz Family Limited Partnership. Selectman Mangiafico moved to approve the Road and Drainage agreement for Walnut Tree Hill Rd. & Alberts Hill Road, Shultz Family Limited Partnership. Selectman Rosenthal seconded. All in favor.
September 2008 Tax Refunds No. 5. Selectman Rosenthal moved to accept the Tax Refunds in the amount of $30,137.90. Seconded by Selectman Mangiafico. All in favor.
Environmental Protection Agency Grant: Elizabeth Stocker explained this is an agenda item because it allows for public participation as sited in a legal notice that was posted.
Redesign of Stone Gate Drive Extension: Attorney Robert Hall represented William and Sally O’Neill in a request to make land into a driveway instead of a road. (Attachment B). Mr. Hall has consulted with George Benson, Director of Land Use and Ron Bolmer, Town Engineer. No action taken.
Hawley Trust (moved ahead of Capital Improvement Plan agenda item): Peter Marshall, 6 Sturges Road, Newtown, CT requested to change the trustee of the Mary Hawley Trust from Bank of America to JP Morgan Chase. Bob Tait, Finance Director indicated that the Hawley School Trust is also interested in changing to JP Morgan Chase. Selectman Rosenthal motioned to authorize the Library and Bob Tait (for the Hawley School Trust) to change their trustee from Bank of America to JP Morgan Chase. Seconded by First Selectman Borst. All in favor. Mr. Marshall stated the next step is to go to Probate Court. He asked for the assistance of the Town Attorney, David Grogins.
Capital Improvement Plan 2009-2010 to 2013-2014: Various department heads made CIP presentations to the Board including: Director of Public Works Fred Hurley, Chief of Police Michael Kehoe, along with Brian Humes of Jacunski Humes Architects LLC, Director of Communications Maureen Will, accompanied by Julie Riebold of Northeastern Communications, Economic Development Director Elizabeth Stocker, Parks and Recreation Commission member Ed Marks. No action taken.
Meeting entered executive session at 12:05 a.m. and returned to regular session at 12:50 a.m.
Selectman Mangiafico directed Gary Frenette to take legal action against Mr. John Neuhoff, d/b/a Lake Zoar Restoration, LLC, 63 Lakeview Terrace, Sandy Hook, CT 06482 as outlined in the letter of June 4, 2008. Selectman Rosenthal seconded. All in favor.
Having no further business the meeting was adjourned at 12:54 a.m.
Respectfully Submitted,
Susan Marcinek, Clerk
_______________________________
Joseph E. Borst, First Selectman
Attachment A: Driveway Bond Releases & Extensions
Attachment B: memorandum from Attorney Robert H. Hall, representing William & Sally O’Neill
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