AMENDED MINUTES
Board of Selectmen minutes of November 17, 2008
The Board of Selectmen held a regular meeting on Monday, November 17, 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, Land Use Agency Director George Benson, Town Attorney David Grogins, nine members of the public and three members of the press.
VOTER COMMENTS:
Barbara O’Connor, Little Brook Lane, Sandy Hook: Inquired about the Army wanting to build on the Fairfield Hills Campus. The article in the Bee indicated the Army is interested in a prime spot in Fairfield Hills. Is this the first the Town has heard of this? First Selectman Borst reported that in January, 2008 the Army Corps of Engineers expressed an interest in looking at plot plans for Fairfield Hills property, including the agricultural and horse guard property. First Selectman Borst referred them to Land Use and that was the last he heard from them until last month. First Selectman Borst reported the Army is interested in both Middletown and Newtown.
Ruby Johnson, 16 Chestnut Hill, Sandy Hook: Mrs. Johnson believes the Planimetrics report should be incorporated in the Capitol Improvement Plan. Mrs. Johnson spoke about the future need of more teachers, policemen and buildings when the Town is built out as in the Planimetrics study and urged the Board of Selectmen to consider in the Capitol Improvement Plan “where you’re going to put these things in the future and make it a thirty year plan.” Also, do not even consider base realignment because we are going to need all the land for our Town needs.
Dave Shugarts, 19 Wendover Road, Newtown: Thanked First Selectman Borst for inviting him to serve as the liaison from Newtown’s Deer/Tick-Borne Disease Action Group to the Fairfield County Municipal Deer Management Alliance. Mr. Shugarts stated the Group is still waiting word on what the next steps will be, who else will be named to the Newtown Action Group, who will chair the group, when we will meet and what the deadline for action will be. He strongly suggests that one of the three Selectman chair the Newtown’s Action Group. If that is not feasible, Mr. Shugarts would be glad to serve, so as to keep this effort in forward motion.
Maggie Shaw, 82 Eden Hill Road, Newtown: Stated she would be happy to work with Judy Blanchard, Health Advisor at the High School, on a curriculum. Ms. Shaw spoke of
A Time For Lyme curriculum that was spoken about at a Housatonic Valley Council of Elected Officials meeting.
Dottie Evans, 1 Reservoir Road, Newtown: Thinks High Meadow is a highly inappropriate place for an Army Reserve Center. This is a remote area with wide open spaces, green fields, full of nature and it’s accessible to residents. Many Newtown residents use this area. Why would we give the High Meadow away for a mere $7 million dollars? If we sell it off for military training it’s lost to Newtown residents forever.
Bob Merola, 22 Ashford Lane, Newtown: Applauded the Legislative Council and the Board of Finance for doing the Planimetrics report. Mr. Merola disagreed with Ruby Johnsons conclusions. Dr. Chung, the chief statistician in the Planimetrics report noted that the fastest and largest growing demographics are the seniors in town. It was also Dr. Chungs strong opinion that the student population would not go up. Mr. Merola stated that even though there are buildable lots there had only been seventeen homes built in Newtown through August of this year. The unofficial number of students at the High School is 1703. The Bothwell student projection for Sept. 2008 was 1794, that’s ninety students more than we have.
Michael Dylag, 8 Lovells Lane, Newtown: Inquired as to what the military presented at the meeting. What criteria will Town use? First Selectman Borst replied that there was an article with photos in the Newtown Bee. He stated the building looked like a regular middle school and would be used strictly for indoor training with classrooms. The only outdoor activity would be physical exercise. They also want a small maintenance facility to service nothing larger than a HUMV sized vehicle. First Selectman Borst stated he released this to the press because he wanted everyone to get involved and is pleased with the response so far. This is a Federal Legislation that has been passed that needs to be treated very carefully.
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to accept the minutes of 11/3/08. Seconded by Selectman Rosenthal. All were in favor.
COMMUNICATIONS – SELECTMAN, ETC.
Discussion of topics tabled from previous meetings:
1. Julia Wasserman has resigned from the Mary Hawley Society and from the Ad Hoc Strategic Planning Committee.
2. State of Connecticut Incentive Housing Grant: First Selectman Borst reported that George Benson, Director of Land Use Agency wanted the Board to be aware of a grant going forward for money to help with housing planning for the Town of Newtown.
3. Newtown Youth Academy financing request: This item is withdrawn from the agenda at the request of the Town Attorney as he hasn’t had time to review it yet.
4. Armed Forces Reserve Center: Selectman Rosenthal stated the military contacted him two years ago. There was nothing that appeared to be a benefit to Newtown, no tax revenue, no payment in lieu of taxes and no annual stipend. He told them “Thanks, but not thanks”. Military bases don’t have to comply with zoning, conservation, wetlands or any of the regulatory agencies. Selectman Rosenthal told the military that nothing in Fairfield Hills would be available to them. Selectman Rosenthal was dismayed when he read the letter from First Selecman to the military (Att. A) which was interpreted as an offer of the Tech Park property, which is environmentally sensitive. Selectman Rosenthal stated he believes
First Selectman Borst acted outside his authority to offer the Tech Park property without discussing it with the Selectmen. The Charter states the Board of Selectmen have the authority to begin the process of disposing of real property of the Town of Newtown. First Selectman Borst respectfully disagreed. Reading from the letter First Selectman Borst said the High Meadow property would be “an extremely hard sell” and continued “the only Town property that would almost meet your requirements would be property conveyed by the State to the Town of Newtown for commercial development and open space…currently labeled as Tech Park…” First Selectman Borst noted he did not think that was offering the sale of a piece of property at all. Selectman Mangiafico stated the Conservation Commission and the Economic Development Commission has been trying to come to an agreement to develop the Tech Park and, in his opinion, the letter
clearly offers the Tech Park. What is the next step? First Selectman Borst will wait for a response to the letter. If they are interested in further discussion there will be another meeting. Selectman Rosenthal is prepared to make a motion to instruct the First Selectman to send a letter saying the Town is not interested in selling either Fairfield Hills or the Tech Park property to build a military facility. There is no benefit to the Town and there’s no point in wasting their time on this. First Selectman Borst noted this was only a discussion item. Selectman Mangiafico isn’t prepared to turn them down because he hasn’t spoken with them. The Town Attorney, David Grogins will look into whether or not the Army has the right of Eminent Domain over municipal properties.
5. Bateson Update: As per a letter from the Office of the State Building Inspector the Town cannot pull a temporary certificate of occupancy. Selectman Rosenthal believes the building official can revoke a certificate of occupancy if it was issued in error or on the basis of incorrect information supplied or if it’s determined the building is in violation of any ordinance or regulation of provisions of the Code. Selectman Mangiafico asked what needs to be done to revoke a temporary certificate of occupancy and would like the Town Attorney’s opinion on this. Selectman Mangiafico made an official request to never give a temporary certificate of occupancy to a residence without an end date. What has to be done to get the property to 100% on
the tax roles? Selectman Rosenthal noted that the Board has already moved to revoke the temporary certificate of occupancy. If there are any violations the temporary certificate of occupancy should be revoked as voted on in the last Board of Selectmen meeting. Town Attorney, David Grogins will review this.
6. High School expansion: First Selectman Borst reported he met with Business Director Ron Bienkowski and told him when the redesign/rebid package is complete they need it to be sent to the Public Building & Site Committee for a technical review and then to the Selectman’s Office to be reviewed by the purchasing authority. They are anticipating going out to bid in March 2009, the bids returned in April 2009 and hopefully there would be a signed contract by June 2009 with anticipated occupancy in September 2010. They don’t want to wait too long to bid the project because they don’t want to get too far beyond the date that the LEED regulations may be implemented . They’ve pulled all the value engineering items out of the bid
package that amounts to $413,000. The alternates will remain the same. The driveway will be delayed until the State starts construction on the Exit 11 intersection. They are eliminating storage underneath the gym and the patio and the nurtury will be removed from plans. Selectman Mangiafico does not believe the Board of Selectman needs to do anything at this point and the “ball is in the Board of Educations court”. Kathy Fetchick noted that the items that First Selectman Borst spoke of are proposals and have not been voted on yet.
Additional Communications: First Selectman Borst reported on a meeting with the Selectmen of Southbury, Monroe and Oxford. AT&T has suggested moving the Queen Street utility pole six inches closer to the road so the VRAD box won’t overhang the sidewalk. First Selectman Borst instructed Ron Bolmer, Town Engineer to draft a letter to AT&T to move the VRAD box on Queen Street across the street where there is more room.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update:
A memo from Fred Hurley indicates there are no substantial changes from the previous report. First Selectman Borst reported Bridgeport Hall is under construction.
2. Children’s Adventure Center Resolution:
RESOLVED: That the First Selectman, Joseph E. Borst, is empowered to enter into or amend contractual instruments in the name and on behalf of the Town of Newtown, CT, with the Department of Social Services of the State of Connecticut for a Child Day Care program if such an agreement is offered and to have the corporate seal affixed to all documents required as a part of any offered agreement and RESOLVED: That Newtown, CT, hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes §4a-60 (a) (1) and §4a-60a (a) (1), as amended in State of Connecticut Public Act 07-245 and section 9 (a) (1) and 10 (a) (1) of Public Act 07-142, as those statutes may be
amended from time to time. Selectman Rosenthal moved to approve the Children’s Adventure Center Resolutions as presented. Seconded by Selectman Mangiafico. All in favor. (Att. B).
3. Queen Street Sidewalks: Selectman Mangiafico moved to reconsider the motion made at the November 3, 2008 Board of Selectmen meeting to approve design and installation of sidewalks on the East side of Queen Street . Selectman Rosenthal seconded the motion to reconsider. All in favor.
Selectman Mangiafico moved to amend the Queen Street Sidewalk motion of November 3, 2008. Selectman Mangiafico moved the Board of Selectmen approve design and installation of sidewalks on the West side of Queen Street to be constructed in various segments with the final plans being all of Queen Street turning on Wasserman Way and connecting to the Fairfield Hills Campus. Seconded by Selectman Rosenthal. All in favor.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Releases/Extensions:
Selectman Rosenthal moved to release two driveway bonds and to approve one driveway bond extension as outlined in Attachment C. All in favor.
2. Maintenance Bond Release:
Selectman Mangiafico moved to approve the maintenance bond release in the amount of $36,200.00 for Butternut Ridge, “Butternut Ridge” Subdivision.
Selectman Rosenthal seconded. All in favor.
3. Selectman Mangiafico moved to approve the maintenance bond release, road and drainage agreement, in the amount of $2,452.00 for Great Ring Road, “Belle Vista” Subdivision. All in favor.
4. Fire Suppression Tank Bond Release:
Selectman Mangiafico moved to release the $30,000 Fire Suppression Tank Bond,
Serene Way, “Re-subdivision Newtown Heights – Phase 1A” Subdivision. Seconded by Selectman Rosenthal. All in favor.
5. Appointments/Reappointments:
Selectman Rosenthal moved to approve the appointment of Joseph Whalen (R) of 172A Brushy Hill Road, Newtown, CT to the Public Building & Site Committee and to reappoint John T. Torok, Jr.(D), 17 Old Hawleyville Road, Newtown, CT to the Economic Development Commission. Selectman Mangiafico seconded. All in favor. (Attachment D).
6. November Tax Refunds:
Selectman Mangiafico moved to accept the Tax Refunds in the amount of $36.620.87. Seconded by Selectman Rosenthal. All in favor.
7. Resolution designating Newtown Savings Bank:
Resolution designating Newtown Savings Bank, qualified as a public depository under state law, as a depository in which the funds of the Town of Newtown may from time to tome be deposited. Selectman Rosenthal moved to accept the resolution as presented. Finance Director explained that the Town’s main banking will be moved from Bank of America to Newtown Savings account and eventually there will be no accounts with Bank of America. Motion seconded by Selectman Mangiafico. All in favor.
8. RESOLVED: That the Town of Newtown adopts 457 Deferred Compensation Plan and Roth IRA to be administered by ICMA Retirement Corporation (a non-profit corporation).
ALSO RESOLVED: That Joseph E. Borst, First Selectman is hereby authorized to enter in to an agreement and to undertake such acts as necessary to carry into effect the foregoing resolution. Selectman Rosenthal stated that he is a Corporator of Newtown Savings Bank but does not believe it creates a conflict of interest. Selectman Mangiafico moved to accept the resolutions as presented. Selectman Mangiafico questioned who would be covered under these plans. Finance Director Robert Tait explained that any employee is covered by a deferred compensation plan and that this option will offer more choice to employees. ICMA is a National Corporation out of Washington, DC that administers 457 Plans.
Selectman Rosenthal seconded. All in favor.
9. Selectman Mangiafico moved to enter executive session to discuss legal matters. Seconded by Selectman Rosenthal. All were in favor. Meeting entered executive session at 9:05PM and returned to open session at 9:35PM with the following action being taken: First Selectman Borst moved to approve the Parks and Recreation Contract dated July 1, 2008 to June 30, 2011. Selectman Rosenthal seconded. Borst, Rosenthal (YES), Mangiafico (NO). Selectman Mangiafico requested a written memo be inserted in the minutes. Attachment E & F.
Statement of Dissent on Parks & Recreation Proposed Contract Settlement:
I vote to reject the proposed subject settlement by our First Selectman and wish this statement to be included in the minutes so that my reason(s) are clearly on the record. This “negotiation” has been managed and directed in an extremely poor manner resulting in a proposal which is unacceptable on a multitude of levels. I extend good wishes to those who actually sat across the table from each other and did their best. They are not at any fault. The fault lies with the lack of strategy and zero consultation with the Board of Selectmen the result is as might be expected: unacceptable. My letter of November 9, 2008 to our First Selectman with a copy to the third member of the Board details the
unacceptability and failure(s) which lead me to reject this proposal.
Paul Mangiafico
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 9:45 PM.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Attachment A: Letter to Army
Attachment B: Children’s Adventure Center Resolutions
Attachment C: Driveway Bond Release/Extensions
Attachment D: Appointments/Reappointments
Attachment E: Memo from Paul Mangiafico
Attachment F: letter from Paul Mangiafico
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