THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, December 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, Town Attorney David Grogins, Superintendent of Schools Dr. Janet Robinson, Board of Education Chair Elaine McClure, Board of Education member Kathy Fetchick, Board of Education Director of Business Ron Bienkowski, ninety members of the public and two members of the press.
First Selectman Borst opened the meeting by announcing that this is the last Board of Selectmen meeting for this year and wished everybody happy holidays. Next, First Selectman Borst announced that Laura Simon of the Humane Society would not be making a presentation because the Board felt it was more important to get the Lyme Disease Tick Force Committee established and then she could present to them.
VOTER COMMENTS:
Lynn Printy, 135 Boggs Hill Road, Newtown, believes based on the 10/20/08 Board of Selectmen meeting minutes the majority of the community has been biased with their views on the formation of the deer study group. Ms. Printy has concerns about having Mr. Shugarts chair the committee because he said it’s time to act and not study. This subject should be backed by the most recent scientific study and not by what other communities are doing. There has been no public announcement of possible culling, leaving confusion between hunting and culling. From the 10/20/08 meeting minutes it looks as though there has been no action into looking into getting help from the Humane Society or some other animal advocacy group. The committee needs to be open to ideas to do what is best for the people of Newtown. (Show of hands indicated approximately thirty-five people in agreement.)
Deana Davis, 42 Orchard Hill Road, Newtown is not against hunting but believes hunting in open space is horrible and dangerous and allowing it is asking for trouble. (Show of hands showed approximately twenty-five people in agreement.)
First Selectman Borst noted that some open space was sold to the town with the condition that hunting is not allowed.
Mark Alexander, 69 Aunt Park Lane, Newtown: This is a controversial issue, it is important that there not be a rush to judgment. Deer culling to deal with Lyme disease has never been proven to work anywhere outside certain island communities. Referring to the 10/20/08 minutes, Mr. Alexander stated that the 70% increase in Lyme Disease is misleading because it’s based on a change in methodology in the way the Public Health Department tracks its information. Lyme disease is a problem but it is not a growing problem. The town should see if there is a solution that will work before pursuing something that most of the town is strongly against. (show of hands indicated approximately thirty people in agreement.)
Steve Sundell, 12 Winter Ridge Road, Newtown is in favor of culling. He has had Lyme disease this year from a tick in his yard. The property damage from deer is extensive. Mr. Sundell believes deer are a problem because they are overpopulated and are eating everything. (Show of hands indicated approximately 20 people in agreement).
Bob Eckenrode, 7 Wildcat Road, Newtown stated that the Newtown Forest Associations policy is not to hunt on any of the land trust preserve properties. The under story of most of the forests around here have been destroyed by deer. When that happens birds and ground animals lose their food source and habitats resulting in invasive species that deer won’t browse. This is causing an invasive species problem. The Newtown Forest Association realizes limiting a deer population can help maintain a healthy balance between the deer and the lands ability to support them. Newtown Forest Association believes hunting and culling should be a last result and is not prepared to endorse it. (Show of hands indicated approximately 20 people in agreement.)
Michael O’Connell, Goshen, CT, state representative for Hunters for the Hungry. Hunting is controversial but necessary. It improves the forest, provides food and is a way to keep nature in balance. (show of hands indicated approximately sixteen people in agreement.)
Chaz Catania, 19 Islandview Drive, Sherman, CT is the assistant deer warden in the Town of Redding. Mr. Catania spoke of the issues in Redding being similar to Newtown: deforestation, high rate of Lyme disease and car-deer collision. Redding is now bow hunting on 1200 acres of town owned property. All properties with the exception of one are open to hiking and horseback riding. There have been near zero complaints and no safety problems. Deer culling can be done safely and in a quiet way. Mr. Catania encouraged public to keep an open mind.
Selectman Rosenthal stated he believed the public participation should be limited to residents of Newtown.
Marjorie Cramer, 38 Huntingtown Road, Newtown stated she is appalled by the way the Town has handled this. Dr. Cramer does not agree that someone who wants to have a cull without any further discussion should be appointed to the committee. Dr. Cramer is in favor of a committee that studied issue with input from both sides. It’s time that things be done in a transparent, democratically appropriate way.
Lorrie Silber, 61 Riverside Road, Sandy Hook asked representatives of the town to select task force members that are tax payers in town, homeowners. Homes that are bordered by open space are valued higher. Changing the designation of open space changes it forever.
Lou Reda, 17 Tamarack Road, Newtown has been in town over thirty years and has noticed the deer population is up, other wildlife is down substantially. There are no nesting birds because the deer are eating the trees. There is nothing below a certain level. Hunters should have the same rights as horse owners. If horse riders can ride on public property, hunters should be able to chase game on public property. Mr. Reda doesn’t believe Lyme disease will be cured by killing animals. There are too many deer in the town. Mr. Reda spoke of Cherry Grove farm and the deer problem there.
First Selectman Borst closed voter participation saying that there is no proposal at this time to cull deer. Nothing will be done until a committee has been formed and necessary research and education is completed. They will then come to the First Selectmen with a recommendation. At that time, in all probability, it will go to a Town Meeting where all taxpayers and voter will have a chance to vote.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the minutes of 12/01/08. Seconded by Selectman Mangiafico. All were in favor.
COMMUNICATIONS – SELECTMAN, ETC.
First Selectman Borst informed the Board that the Lake Zoar Authority has reached an agreement with Leaps of Faith. Leaps of Faith will continue their events with no charge for patrols.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Fred Hurley reported there were several meetings over the last week and a half with the Department of Public Health. They are going to look at the process of testing asbestos. The Town is coordinating between the Newtown Youth Academy, Bridgeport Hall and tunnel removals projects to keep everyone working together. There is still some work that can be done on Bridgeport Hall while waiting for the environmental issues to be cleared. The gas line installation will not start until after the new year. All tunnel work will be completed prior to installing the gas line. The delay is not causing
a problem at the Youth Academy as they have heat and Bridgeport Hall has temporary heat. A temporary road has been established on the east side of Greenwich, allowing access to the Youth Academy from both sides.
Town Attorney David Grogins reported on a meeting that was held today in Hartford. State Representative Julia Wasserman and Senator John McKinney met with the Department of Health Deputy Commissioner and many of the people in the asbestos abatement division. The main issue is with regard to the demolition of Greenwich House. The Town had asbestos tested with negative results (below 1% by weight of the material that was being removed) allowing it to be disposed of as standard demolition material. More testing was done with inconsistent results. The issue was studied extensively by our environmental consultants. The methodology used is fine in regards to high levels of concentration asbestos but is flawed with regard to the low levels that are in the buildings which are down at the 1% level.
The State was asked to look at a more accurate method of testing. When the more accurate tests are used the results are below the 1% level required before it has to be handled as hazardous waste. The state has agreed to retest everything. The town consultants are of the belief that enhanced testing will confirm the results the town has that the material is not hazardous.
Selectman Mangiafico asked if the Town is prevented from working on Bridgeport Hall. Mr. Hurley confirmed work cannot be done in opening walls or the ceiling. First Selectman Borst reported the latest letter from O & G says the move in date will be 4-6 weeks after the original move in date of June 8, 2009. Selectman Rosenthal spoke about the extra cost of renting the Kendro building while Bridgeport Hall is delayed.
Queen Street VRAD box: AT&T wants to move the sidewalk near the VRAD box located on Queen Street. First Selectman Borst stated he is opposed to that idea and offered to write a letter to AT&T informing them that the box needs to be moved across the street as previously suggested. Selectmen Rosenthal and Mangiafico agreed.
NEW BUSINESS:
Discussion and possible action:
1. Legal Matters: moved to the bottom of agenda.
2. Janet Robinson, Ph.D, Elaine McClure & Ron Bienkowski addressed the high school rebid process. Dr. Robinson stated that the Board of Selectman need to authorize the expenditure of the funds in order to go back out to bid. There are two quotes: Morganti at $15,000 for consumable items necessary for the rebid. Fletcher Thompson at $184,500 plus and additional $10,000 for reimbursable expenses, quality and printing costs. Ron Bienkowski stated that there is a $355,000 balance in the design phase. Selectman Mangiafico stated having increased alternates is a good idea. Will the Board of Education strip alternates from the project if the bids come in high? Are any of the alternates necessary for the expansion of the high school? Elaine McClure stated the
alternates would be looked at individually. Ron Bienkowski stated that a contingency will be available to address alternates as they get through the project. There was discussion on the driveway and the exit 11 reconstruction. The value of the alternates is $3.4 million. Selectman Rosenthal is concerned that items will be taken out and the public will be asked to approve more money later on. Selectman Rosenthal wants conviction from the Board of Education that we are getting the project down and Fletcher Thompson and Morganti believe they will be at $38.8 million for everything that they are going to do, whether they are alternates or the base bid. Selectman Rosenthal is concerned that Fletcher Thompson and Morganti were poor on their estimating and the bids came in $6,000,000 over. We now have to pay Fletcher Thompson for redesign work. Selectman Mangiafico noted the school is already into losing the second year on this project.
If these bids come in high it will add an additional year. Selectman Mangiafico moved that the Board of Selectman approve the changes that are recommended in the Superintendents letter of December 11, 2008 and the attachments in the amount of $209,000 to be expended toward the architectural firm and the construction manager.(Attachment A) Seconded by First Selectman Borst. Motion to include authorizing the First Selectman to sign modifications of the contracts. First Selectman Borst, Selectman Mangiafico (2 YES), Selectman Rosenthal (1 NO). Selectman Rosenthal agrees the project must move forward but does not agree with the amount of money.
3. Police Radios: Chief Kehoe explained the goal is to move to a digital system, extend the life of the system and have emergency management on the same digital frequency. Maureen Will noted there are two additional radio frequencies that fire, EMS, Public Works and Board of Education can share in the event there are two or three different situations at the same time. Selectman Rosenthal questioned the cost, stating that the cost is much higher than anticipated. Chief Kehoe stated that the today’s cost is a worse case scenario that won’t go any higher and will most likely be much less. Maureen Will stated the equipment she requested in the budget is for the infrastructure now, the analog that is now going digital needs replacement. Selectman Mangiafico asked who
Motorola competes with. Chief Kehoe answered that the system was originally designed and tested by Motorola. Motorola is the standard for the industry. Some prices are state bid prices that cannot be exceeded. First Selectman Borst moved that in accordance with memo dated 12/1/08 the amount of $775,000 for police and emergency communications equipment be approved. All in favor. (Attachment B).
4. Laura Simon, Humane Society: tabled. To address Tick Borne Disease & Deer Action Task force at a later date.
5. December 2008 Tax Refunds No. 9: Selectman Rosenthal moved to authorize December 2008 Tax Refunds No. 9 in the amount of $7,511.38. Selectman Mangiafico seconded. All in favor.
6. Proposed Senior Tax Relief Revision: Finance Director Bob Tait reported the senior tax relief revision has gone to the Legislative Council to be submitted to the ordinance committee.
7. Re-appointment: Marjorie Cramer, Conservation Commission, 12/31/08-12/31/12: Selectman Rosenthal moved the reappointment of Marjorie Cramer to the Conservation Commission for a term to expire on January 31, 2012. Selectman Mangiafico seconded. All in favor.
8. Establishment of Tick Borne Disease & Action Task Force: First Selectman stated he had asked David Shugarts to serve as an acting Chair until the committee is formed and a Chair and members can be named. The Director of the Health Department has recommended members and the First Selectman has received letters from people interested in serving. First Selectman Borst suggested once the committee is formed they revise the mission statement. Selectman Mangiafico stated that the tick borne disease issue is important enough to form a task force to look at all the facts. This is not an “us vs. them” issue, not a Lyme disease vs. deer issue. A committee needs to have members that are objective people that will listen to the facts, ask the right questions and come
up with a rational, logical conclusion. Selectman Rosenthal stated that the word action was put in the title of the committee, instead of the word study because often times there is a study group and nothing ever happens at the end of the study. David Shugarts noted that the plan that was submitted had three parts: 1.) education 2.) prevention 3.) deer management. Dr. Cramer said that “management” implies deer need to be managed. Jennifer Ingrao, 27 Bears Hill Road, Newtown asked if there is a time line for the task force. Monica Roberto, 69 Aunt Park Rd., Newtown asked what the process is to choosing who is on the committee. Susan Kokaska, 9 White Oak Farm, Newtown inquired as to the criteria to be on the task force. Selectman Rosenthal stated the committee would be fair and balanced. David Shugarts was appointed by the First Selectman to represent Newtown to the Fairfield County Alliance. First
Selectman Borst stated that anybody interested in being on the task force should submit a letter or an application to the First Selectman’s office
1. Legal matters/ real estate/ lawsuit (possible executive session):
Selectman Rosenthal moved to enter executive session for the purposes of discussing legal matters including purchase of property, personnel matters, labor negotiations. Invited to attend were Town Engineer Ron Bolmer, Conservation Official Rob Sibley, Conservatation Commission member George Ferguson, Town Attorney David Grogins and Finace Director Bob Tait for those portions of the meeting that apply to them. All in favor. Executive session was entered at 9:42PM and returned to regular session at 10:45PM. Selectman Mangiafico made a motion to rescind the motion to cancel the temporary certificate of occupancy contained in the minutes of the Board of Selectmen meeting dated 11/3/08. Selectman Rosenthal seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 10:50PM.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Attachment A: Ltr dated 12/11/08 from Dr. Robinson
Attachment B: CIP radio project memo
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