The Board of Selectmen held a regular meeting on Monday, December 1, 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, Superintendent of Schools Dr. Janet Robinson, Chair of the Energy Task Force Dan Holmes, nine members of the public and one member of the press.
VOTER COMMENTS:
Barbara O’Connor, Little Brook Lane, Sandy Hook: Stated we are officially in a recession, everyone needs to tighten their belts, including the unions that work for the Town of Newtown. Ms. O’Connor thinks the plows were out to early.
Ruby Johnson, 16 Chestnut Hill, Sandy Hook: Stated she hopes for a good dialog between the Board of Selectmen and the Board of Education, everyone has to learn to work together. The idea of sidewalks in town is a big issue, where do we put safety first? Ms. Johnson believes the decision was made out of context, the context of where sidewalks go in town for safety. Ms. Johnson believes things have gone amiss at Fairfield Hills. TRC, Russell Bartley and O & G are responsible, they failed the town. They should’ve known the protocol that they needed to follow.
George Ferguson, 49 Taunton Hill Road, Newtown commended Dr. Robinson for the work that she has done and for hiring the principal at the High School. Also for beginning the effort for the strategic plans that will greatly improve the educational outcome. There is a positive morale evident at the high school.
Dennis Bloom, 25 Philo Curtis Road, Sandy Hook has worked with both Morganti and O& G. Mr. Bloom believes Morganti has let the school board down. When they were awarded the bid they should’ve had someone go to the First Selectman and walk him through the process. There are people in town that are dead set against putting the town hall at Fairfield Hills. All they are doing is writing letters to the state of Connecticut causing trouble. They are costing the town more money by putting this job off. It was voted on, let’s get it done.
Selectman Rosenthal spoke to Ruby Johnson stating that it is his understanding that the Department of Health and the Department of Environmental Protection have not found the town to have done anything in violation. There have been people that have alleged violations but the only thing that has resulted is that the town has had to supply reports that would not be otherwise required unless there was an investigation. There was nothing missed or overlooked. Fred Hurley has letters from the Department of Environmental Protection and the Department of Health that say the town has done things properly. To make allegations about companies like O & G and Russell Bartley is damaging to their reputations. Selectman Rosenthal stated Ms. Johnson is entitled to her opinion but hopes that everyone
realizes it’s just that, an opinion.
Selectman Mangiafico stated the public participation process is not very good. Most people speak, the Board listens and normally do not respond. Selectman Mangiafico recently suggested that something be done to change that, giving enough time to address comments made by the public. Selectman Mangiafico explained to Ms. Johnson that the sidewalk decision was not made in haste or out of context. First Selectman Borst stated that the original study done by the traffic commission recommended sidewalks on the west side of Queen Street.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the amended minutes of 11/17/08. Seconded by Selectman Mangiafico. All were in favor. Selectman Rosenthal noted that at the end of the minutes of 11/17/08 Selectman Mangiafico stated his opposition to the Parks & Recreation contract. Selectman Rosenthal wanted it noted that he is in agreement with most of the comments Selectman Mangiafico made about the manner in which the contract was negotiated but he voted for the contract because he was concerned there would be a worse result if it ended up in arbitration.
COMMUNICATIONS – SELECTMAN, ETC.
Selectman Mangiafico asked First Selectman Borst about the telecommunication tower letter he received. This letter allows sixty days for the Town to offer comments or hold public hearings. First Selectman Borst responded it was sent to Land Use. Selectman Rosenthal stated that while he was in office this was always handled by the zoning commission. Usually a hearing was held for a new tower. Selectman Mangiafico stated that this has to be moved on if there are going to be public hearings because there is less than a month left.
First Selectman Borst noted he received a letter from the Department of Economic Community Development indicating they received our request for forgiveness on the $45,000 loan. The request is being passed along to the commission for recommendation. Selectman Rosenthal said there was a statute passed a couple of years ago that said those script loans were all going to be forgiven. It didn’t indicate municipalities had to take action. The loan itself is supposed to be forgiven.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Selectman Mangiafico expressed confusion over Bridgeport Hall stating that previous meetings indicated that things were moving along with Bridgeport Hall but a recent article in the News Times said differently. Is the work at Bridgeport Hall proceeding on the inside or not? First Selectman Borst answered that a letter was received d by the Department of Environmental Protection saying work could proceed but then people raised questions and the work needed to stop. Selectman Mangiafico inquired as to what issues remain, who is spearheading the work that needs to be done to provide the state authorities with
the information and documentation that is required, who bears that responsibility and who has the checklist? First Selectman Borst answered that Fred Hurley has a checklist, R.W. Bartley and TRC are two of the responsible parties. First Selectman Borst reported the estimated move in date to Bridgeport Hall to be September 2009. Selectman Rosenthal pointed out that Fred Hurley is busy with a lot of things and the Department of Health and the Department of Environmental Protection sometimes respond differently when approached by the Chief Executive Officer. It seems most issues were resolved and letters don’t seem to say the town has done anything wrong. First Selectman Borst reported on a letter from Phil Clark complaining on the parking issue at the Newtown Youth Academy. Thirty three additional parking spaces were supposed to be available and they are not.
2. Bateson Update: First Selectman spoke of the motion, made on November 3, 2008, to cancel the temporary certificate of occupancy and forfeit the driveway bond. First Selectman Borst requested this motion be rescinded per section 25 of Roberts Rules of Order for the following reasons: we are in violation of the state building code. A temporary certificate of occupancy cannot be revoked or time limited according to the state. The building official for the town says there is nothing wrong with the paperwork and he cannot revoke the temporary certificate of occupancy. First Selectman Borst made a motion to rescind the
vote of November 3, 2008 relative to the temporary certificate of occupancy. Selectman Mangiafico seconded for discussion. Selectman Mangiafico stated the house has been under constructions since 2001. Have instructions been given to the building department not to issue temporary certificates of occupancies without an ending date? First Selectman Borst responded that is against the state building code. Selectman Mangiafico inquired as to the status of the house now, when will it be finished? First Selectman Borst answered it would be complete next year. Selectman Mangiafico continued to question the state of the house, what percentage of completion is the house? What percentage of taxes are they paying? First Selectman Borst stated he thinks the Board should be more compassionate about this. He stated that driveway bonds were initially started to protect the town because if the homeowner didn’t do the
driveway apron then the town would use the bond money to do the apron. Selectman Rosenthal disagreed saying that the purpose was to have the homeowner put in the apron, not the town. Selectman Mangiafico asked if the driveway bond has been rescinded, has another bond been posted? First Selectman Borst answered that the Bateson’s are looking for an extension. Selectman Mangiafico noted that the Board denied the extension request. Selectman Mangiafico asked when the town will have the money for the driveway bond and what is the procedure if the house is under construction without a driveway bond? Ron Bolmer, Town Engineer explained that a driveway bond is required to get a building permit. Mr. Bolmer stated he would not sign off on a permanent certificate of occupancy without another driveway bond being posted or having the apron paved. The ordinance states that when the driveway bond expires they are required to fill out another
application and post another bond. Selectman Rosenthal stated they are in violation of the ordinance. Selectman Mangiafico stated that because the extension of the driveway bond was denied, the Bateson’s need to be notified that they will have to post another bond. First Selectman reiterated that he wanted to rescind the motion to revoke the temporary certificate of occupancy. Selectman Rosenthal seconded. Selectman Rosenthal questioned if Town Attorney David Grogins has looked into this matter. First Selectman suggested moving on this motion contingent upon the review of the Town Attorney. Selectman Rosenthal withdrew his second, having understood that this was reviewed by the Town Attorney.
NEW BUSINESS:
Discussion and possible action:
1. Road Acceptance, Turnberry Lane,“Curtis Corporate Park” Subdivison:
Selectman Rosenthal moved the acceptance of Turnberry Lane. Seconded by Selectman Mangiafico. All in favor. Selectman Rosenthal added that motion included a maintenance bond to be set at $33,500.00 to be held by the Town for a period of one year as recommended by the Town Engineer. All in favor.
2. Maintenance Bond Release, Road & Drainage Work Agreement,
Poverty Hollow Road, “Wentworth Estates” Subdivision:
Selectman Rosenthal moved to approve the maintenance bond release in the amount of $3,400.00 for Poverty Hollow Road, “Wentworth Estates” Subdivision.
Selectman Mangiafico seconded. All in favor.
3. Power Purchase Agreement, Clean Energy Task Force:
Dan Holmes explained the purchase of clean energy. Typically the Town would purchase electricity at a fixed cost going out ten, fifteen or twenty years without any initial out of pocket cost. After that time the purchase of the system can be negotiated. A drawback of solar power is it’s expensive to get in to. State funding, sponsored by the CT Clean Energy Fund, is drying up quickly. Reed Intermediate School has been chosen as the site for the earned solar panels as it has a new roof with just about perfect solar orientation. Mr. Holmes would like to see the Town engage in a solar power purchase agreement. A site and a provider need to be located. The Town
would not be locked into the provider. Mr. Holmes suggested supplying the Board of Selectman with the application and the names of three different companies the Clean Energy Task Force would recommend. Selectman Mangiafico stated he thinks this sounds like a good program. Selectman Rosenthal questioned if this would be a good deal with or without grants. He stated that the Town has not purchased solar power in the past because the payback was so long. The Newtown Youth Academy did purchase solar power because they did it through their for not for profit company, which was eligible for tax credits, making the payback much shorter.
4. Janet Robinson, Ph.D., report on State of the Schools: Dr. Robinson reported on the state of the schools in Newtown. A strategic planning process has been started. A new mission has been framed: “The mission of the Newtown Public Schools, a partnership of schools, families, educators and community, is to inspire each student to excel in attaining and applying the knowledge, skills and attributes that lead to personal success while becoming a contributing member of the dynamic global community. We accomplish this by creating an unparalleled learning environment characterized by high expectations, following instruction, continuous improvement and civic responsibility.” Three
objectives and five strategies have been developed. Each strategies are being developed by an action team, consisting of at least twelve people. An action plan will be developed and be brought back to the strategic planning committee in the spring. CMT results were discussed. The goal is to have student performance be the top of the district reference group. There are thirty-three students that represent fourteen countries in the Newtown school system. Selectman Mangiafico thanked Dr. Robinson for presenting to the Board, pointing out that the school system is focusing into important issues under Dr. Robinson’s leadership. Selectman Mangiafico commended Dr. Robinson on setting specific goals. .
5. Hiring of the Clerk of the Works: First Selectman Borst moved to appoint Mr. William Knight as the Town Project Representative/Clerk of the Works for the Town Hall, Bridgeport Hall and subsequently the High School. Selectman Rosenthal seconded for the purpose of discussion. How will he be paid and how much? Bob Mitchell of the Public Building & Site Commission stated Mr. Knight will be paid $27 an hour, part time, not to work more than 40 hours without approval, coming to just slightly over $56,000 a year. Mr. Mitchell stated that 80% of salary is a line item in the school budget. Mr. Knight will not be a Town employee. First Selectman Borst moved to appoint William
Knight as the Town Project Representative on the High School as well as Bridgeport Hall. 80% of his rate of pay ($27/hr.) will be paid through the High School. Selectman Rosenthal seconded. All in favor.
6. Approval of Board of Selectman 2009 meeting dates: Selectman Rosenthal moved to approve the Board of Selectman 2009 meeting date calendar. Seconded by Selectman Mangiafico. All in favor.
7. Capitol Improvement Plan: $8,000,000 is in the CIP for open space 2010- 2014. Robert Tait, Finance Director explained the $8,000,000 would be appropriated all at once, but bonded over the years. Priorities were changed, changing open space to priority number 3. Sandy Hook streetscape was changed to priority number 5. (See attachment A.) First Selectman Borst moved to change open space to priority number three. Selectman Rosenthal seconded. All in favor. Police radios have been tabled until the next meeting. Police Chief Kehoe and Communication Director Maureen Will are requested
to be there.
8. Newtown Youth Academy: First Selectman Borst moved to add Newtown Youth Academy to the agenda. Selectman Rosenthal seconded. All in favor. Selectman Rosenthal moved to approve Newtown Youth Academy’s request for a mortgage in the amount of $250,000.00 to Newtown Savings Bank. First Selectman Borst seconded. All in favor.
9. Base Realignment and Closure: First Selectman Borst moved to add discussion of BRAC proposal to agenda. Selectman Rosenthal seconded. All in favor. First Selectman Borst stated Gary Puryear indicated he wants to come back to discuss the BRAC proposal further. Conservation does not want to pursue this. First Selectman Borst is motivated to have a second meeting due to the economic situation. Mr. Puryear has said the Army would build a road and deed the property to the town so the road would belong to the town. The cost of the property is a one time thing. First Selectman Borst reported
that eminent domain action could be taken against the town, according to David Grogins, Town Attorney. Selectman Rosenthal stated again that the military had said they won’t go where they are not wanted. First Selectman Borst suggested holding a special Board of Selectman meeting with committees and the army. Selectman Rosenthal and Selectman Mangiafico agreed, saying the army needed to be prepared to tell what benefits they have for a town like Newtown and any discussions cannot be site specific.
10. ATMI: Selectman Rosenthal requested discussion on ATMI, pointing out that the Board of Selectman, as per the local incentive program, are supposed to be part of the process. Selectman Rosenthal expressed frustration over not knowing anything about this. Selectman Mangiafico stated the agenda for the Legislative Council for Dec. 3 includes discussion and possible action on ATMI and yet ATMI is not on the Board of Selectman agenda. First Selectman Borst explained that ATMI requested things be kept confidential and the plan was to discuss it under executive session. ATMI has been looking for a location for nine months
and have narrowed the search to several sites, one in Brookfield, CT, one in Newtown and one in New York State. Selectman Mangiafico stated he thinks pursuing ATMI is a good idea and he thinks this is the kind of business we want to promote in this town. First Selectman Borst explained that the maximum incentive program that the state allows the town to offer was offered to ATMI. There was discussion about Edmond Road and the possibility of it being improved should ATMI relocate in town. Selectman Mangiafico stated that ATMI should be aggressively pursued. Selectman Rosenthal agreed. The Legislative Council is the only board that can give tax abatements. Selectman Rosenthal moved to add ATMI to the agenda. First Selectman Borst seconded. All in favor. Selectman Mangiafico moved that the First Selectman take all measures necessary to do whatever is required to aggressively and positively pursue this company moving into
this town and act in accordance with any other boards as necessary. Selectman Rosenthal added that the Board supports the offering of the tax abatement as allowed under the statute. All in favor. Jeff Capeci, of the Legislative Council announced that ATMI is not on the Council agenda for Dec. 3, 2008. He stated it was taken up on November 5, 2008 under executive session.
11. First Selectman Borst moved to enter executive session to discuss legal matters. Seconded by Selectman Rosenthal. All were in favor. Meeting entered executive session at 10:20PM and returned to open session at 10:30PM with the following action being taken: First Selectman Borst moved to approve the Public Works one year extension of the current contract which expires on June 30, 2009. The terms of the 4th year of the agreement will automatically roll over through June 30, 2010. Motion unanimously accepted.
Selectman Rosenthal moved to authorize First Selectman Borst present to the Legislative Council a request to defend the Town of Newtown in a suit brought by Newtown Main, LLC against planning and zoning. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 10:30 PM.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Attachment A: CIP
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