THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, January 5, 2009 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, Public Works Director Fred Hurley, twenty-two members of the public and one member of the press.
First Selectman Borst opened the meeting with an announcement that the Lyme Disease Tick Committee is not on the agenda and further explained that he has been out of the office sick. The committee will be delayed until after the budget deliberations. The Board of Selectman will conduct interviews.
VOTER COMMENTS:
Dennis Bloom, 25 Philo Curtis Road, Newtown, asked if there has been any contact with ATMI about moving to Newtown. If not, have you thought of putting one of the Selectman in charge of it? Mr. Bloom offered to help in any way he could stating that this is too big for Newtown not to go after. Selectman Borst replied that he has spoken with Mr. Carlson, CFO of ATMI. ATMI has submitted an application to the state for funding and are still doing their final evaluations, not deciding yet between Brookfield, Newtown and Albany.
Monica Roberto, 69 Aunt Park Road, Newtown, asked to have the minutes of the 12-15-08 meeting amended stating that Bob Eckenrode’s statement on Lyme disease wasn’t directly reflected in the minutes. First Selectman Borst stated that Roberts Rules of Orders say that only motions and votes on motions are required to be reported.
Ruby Johnson, 16 Chestnut Hill Road, Newtown, stated she has been patient as far as the Americans With Disabilities Act is concerned. Mrs. Johnson requested a microphone for the public to use because she cannot hear the public comments.
Dan Holmes, 6 Farmery Lane, Newtown, reported that a request for proposal was sent to alternative solar companies for the Reed School. A deadline of 1/5/09 was given, only one proposal was received, but two more are expected.
Mary Wilson, 12 Whipporwill Road, Newtown, asked about item #1 on the agenda, Signature Resolution for Invasion Plant Grant. First Selectman Borst stated that the item will be tabled because the Land Use Deputy Director is sick and couldn’t be at the meeting.
First Selectman Borst continued by saying item #2 on the agenda, Glen Mountain Holding Company, LLC lease for Woodbury Hall would also be tabled because the notice of the Public Hearing was not properly warned. The Public Hearing will be held prior to the Board of Selectman meeting on January 20, 2009 at 7pm at the Senior Center in Sandy Hook.
Dr. John Roumanis, Berkshire Veterinary Hospital, Sandy Hook, questioned why there was a confidentiality agreement between the Fairfield Hill Authority and a for profit business, as reported in the Newtown Bee. Dr. Roumanis questioned what demographics were used to determine this is in the Towns best interest and stated the proposed financial agreements appear ludicrous. Why is the Town subsidizing a veterinary hospital in Fairfield Hospital when he doesn't see a need for a hospital there? There are veterinary hospitals in town already. First Selectman Borst stated both he and Selectman Rosenthal have not heard of a confidentiality agreement. Dr. Roumanis referred to an article in the Newtown Bee, November 19, 2008. First Selectman Borst stated he had not seen the article and suggested Dr.
Roumanis attend the Public Hearing on January 20th.
Doug Brennan, 8 Antler Pine Road, Sandy Hook, stated that one year ago there was a lease that was ill prepared, missing key elements and was not fully ready to be proposed to the Selectmen; there were provisions that didn't protect the Town. Mr. Brennan asked that there be some external criteria for reviewing these leases. Does this benefit the tax payers? Is it structured to maximize the tax revenue? The town shouldn't take on added liabilities. Mr. Brennan stated that the Board of Selectmen took an oath to protect the interest of the Town and the taxpayers of Newtown, to uphold the law. The Town should not take any undo risk without an undo reward.
ACCEPTANCE OF MINUTES: The minutes of the Board of Selectmen meeting of 12/15/08 were accepted after the following changes were made: First Selectman Borst noted that in the last meeting, under executive session, the First Selectman was authorized to send a lawsuit brought against Planning & Zoning by Newtown Main, LLC to the Legislative Council for approval. Due to recent changes in the Charter it is no longer necessary to go to the Legislative Council for approval. This lawsuit will be referred to Town Attorney, David Grogins.
Selectman Mangiafico requested that the wording on page 4 be changed from increased "alternates" to increased "bid packages". Also, on page 5, $209,000 should be changed to $209,500. Selectman Mangiafico moved to accept the minutes of 12/15/08. Seconded by Selectman Rosenthal. All were in favor.
Selectman Mangiafico addressed the public by saying that there has been comments of a Town Meeting after the Tick Borne Task Force is formed. That has not been decided on and is not set in concrete. Selectman Mangiafico further explained that during a prior meeting First Selectman Borst did say, under the insistence of a resident, that most likely it would go to a Town meeting. Selectman Rosenthal added that there is nothing in the Charter that would allow the Board of Selectmen to call a Town Meeting but a Public Hearing could be held. Town Meetings are limited to two matters: the disposition of interest of real property and for special appropriations above $500,000. There is no provision in the Charter that would allow for a Town Meeting regarding the Task Force. An ordinance could be
recommended, the Legislative Council would need to adopt the ordinance, and the ordinance could be subject to a referendum if people didn't like the ordinance.
COMMUNICATIONS – SELECTMAN, ETC.
High School Expansion: First Selectman Borst addressed a memo from Selectman Mangiafico requesting a reexamination of the high school expansion, should we be going to a bid process at this time as opposed to relooking at the project? First Selectman Borst sent the memo to the Board of Finance Chair, John Kortze, Public Building & Site Commission Chair Robert Mitchell and Superintendent of Schools, Dr. Janet Robinson. Mr. Kortze and Mr. Mitchell both indicated they were in favor of another meeting. Dr. Robinson will be speaking with the Chair of the Board of Education. Selectman Mangiafico stated time is of the essence and doesn't think we should wait too long on this. Selectman Rosenthal agreed with Selectman Mangiafico stating that he is concerned that time and money will be wasted by
delaying this project by rebidding rather than redesigning. The architect and construction manager were not encouraging in the idea that the Town would save $6,000,000 by rebidding. Selectman Rosenthal is prepared to hold a meeting and invite the Board of Education, Chairs and co-chairs of the Public Building & Site Commission and the Board of Finance. First Selectman Borst will contact Dr. Robinson and/or Elaine McClure to set up a meeting. Selectman Rosenthal stated the meeting could be held early morning or late afternoon as to not interfere with the budget deliberations.
Tick Borne Disease Committee: First Selectman Borst stated this will be delayed until budget deliberations are completed by the Board of Selectmen.
Bateson driveway bond and property evaluation: The driveway bond has been withdrawn. The Town will install an apron on the driveway up to within one foot of their property. The Bateson’s will have to post a new bond prior to final paving to be returned upon completion and acceptance by the town.
ATMI: The paperwork has been sent to the state by ATMI. There is no change in the status.
Department of Defense request for acreage in Newtown: First Selectman Borst has not had a response from the Army since sending them clippings from the Newtown Bee which included letters to the Editor. First Selectman Borst stated he would contact them to see where they are at now.
Tech Park issues: First Selectman Borst, Elizabeth Stocker, Director of Economic & Community Development and Bob Rau will be going to Hartford this week to talk to people in the EDCD regarding the STEAP grant. It seems the state doesn't want to put any more money into the Tech Park. How can they withdraw on a STEAP grant when they've signed off on the money going into the project?
Fence Line/Site issue on Hattertown Road: Attorneys Grogins and Pollock have not yet met. Selectman Mangiafico noted that this is a safety issue and suggested First Selectman Borst contact the Town Attorney on this matter. There is a situation on the road that needs to be resolved.
Group Communications: Selectman Mangiafico suggested improving communications, face to face, with residents by having a meeting, with nothing else on the agenda, where the Selectmen can discuss items with the public that the public want to talk about. The suggested meeting would take place as circumstances warrant but not less than once every four months. First Selectman Borst stated he would try to have an answer for the next meeting.
Lake Zoar Authority: Steve Jaroszewski, Commissioner of the Lake Zoar Authority has resigned his position effective January 7, 2009. Barbara O'Connor has been notified of the vacancy.
Sidewalks: First Selectman Borst reported that he received an email from Ron Bolmer, Town Engineer, indicating that Pat Barkman would like a sidewalk installed from the intersection of Rte. 25 and Rte. 302, house #7 on South Main Street. This is essentially a sidewalk in front of the police station. Mr. Bolmer will look into this. This is something that will need to be discussed by the Board of Selectmen and the Borough.
Town initiatives: First Selectman Borst addressed an email from Selectman Mangiafico regarding initiatives taken in New Haven where the Mayor is looking to reduce man power to balance the budget. First Selectman Borst has asked Carole Ross, Human Resource Administrator, to contact the unions to make them aware there may be discussions relative to this in the near future. A response has not yet been received from the Board of Education. Dr. Robinson has contacted the union affiliations that the Board of Education has to inquire whether they would be interested in opening their contracts relative to wages. Selectman Mangiafico urged First Selectman Borst to instruct Carole Ross to speak with the labor attorney about opening town contracts so that the problem is treated similarly between the Town and the
Board of Education. Selectman Rosenthal stated that labor contracts that don’t have a reopener need to have an agreement on both sides to reopen.
Glen Mountain Holding, LLC: Selectman Rosenthal expressed frustration over the fact that there was a Public Hearing scheduled to be held prior to this Board of Selectmen meeting regarding the lease at Woodbury Hall. Selectman Rosenthal didn’t receive a copy of the lease or terms of the letter of intent. Two advertisements were posted in the News Times but neither Selectmen was aware of it. First Selectman Borst explained that the Public Hearing was arranged by Bob Geckle of the Fairfield Hills Authority. Selectman Rosenthal again stated that the item was put on the agenda without any backup information being provided to the Board of Selectmen. First Selectman Borst stated the lease is on the computer.
NEW BUSINESS:
Discussion and possible action:
1. Signature Resolution for Invasion Plant Grant: tabled.
2. Glen Mountain Holding Company, LLC lease for Woodbury Hall: tabled.
3. Driveway Bond Release: Selectman Rosenthal moved to accept the release of driveway bond: Charter Residential Development, 3 Meridian Ridge Dr., Map. 2, Block 9, Lot 1.14, inspected 12/9/08, bond of $1,000 posted 7/27/08. Seconded by Selectman Mangiafico. All in favor.
4. Reappointments: Selectman Rosenthal moved to accept the approval of the First Selectman’s appointments for the following:
George Ferguson, Conservation Commission 12/31/08-12/31/12
Thomas Dwyer, Commission on Aging, 01/06/09 - 01/06/12
Maryellen Lydem, Commission on Aging, 01/06/09 - 01/06/12
Tom Dinicola, Parks & Recreation Commission, 01/06/09 - 01/06/11
Tom Catalina, Public Building & Site Commission, 01/06/09 - 01/09/13
Joe Whelan, Public Building & Site Commission, 01/06/09 - 01/06/13
Ed Marks, Parks & Recreation Commission, 01/06/09 – 01/06/11
Selectman Mangiafico seconded. All in favor.
5. Transfer: Selectman Rosenthal moved to approve the transfer from 01100-1073 Town Hall Salary Adjustment to 01140-1002 Clerical Wages in the amount of $1,000. Seconded by Selectman Mangiafico for discussion. Selectman Mangiafico asked what the CCMC test is. Bob Tait, Finance Director answered that it is a state wide tax collector association test that is given by the association. Bob Tait explained the salary increase went into effect June 2008 but he is asking for the transfer now because he wasn’t aware the money wasn’t budgeted for prior. All in favor.
6. Transfer: Selectman Rosenthal moved to approve the transfer from 01100-1073 Contingency to 01432-0000 Paramedic Program in the amount of $35,000. Seconded by Selectman Mangiafico. All in favor.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Fred Hurley reported the Town’s environmental consultant is working with the state to come up a temporary procedure that is going to be used now for the testing of asbestos for plaster. The temporary and the long term process will be weight based. The Town would like approval to use a temporary procedure to get testing done because three things are impacted: 1.) Greenwich
Hall cannot come down until the plaster issue is resolved. 2.) There is an impact on Bridgeport Hall interior and 3.) tunnel work. The west end of Greenwich needs to come down in order for the town to open up the access to the Sports Academy. The Town will go back to the State Representatives if there is no answer from the Department of Environmental Protection and the Department of Public Health this week. The Department of Environmental Protection requested seven items. A letter of response was sent to the EPA on December 23, 2008. The Town submitted a stimulus package, under the Governors request, with various buildings to be torn down at Fairfield Hills, including Shelton, Litchfield and Greenwich. Also listed were infrastructure projects. The total submittal was broken down into six categories including town roads, roads that included state or federal participation, economic development projects, school projects, other building
projects and two solar projects. Gas is not going in until the tunnels are finished. One of the key places is the main entrance into the Sports Academy. Selectman Mangiafico expressed concerns with the Town project and delays. Selectman Mangiafico suggested a weekly meeting on the status of Bridgeport Hall. Selectman Rosenthal agreed that the First Selectman needs to be on top of this project. First Selectman Borst will talk with O & G and attempt to make the meetings they hold. Selectman Mangiafico stated this project has problems with big money involved. The Town needs to control this project and call weekly meetings. Fred Hurley stated that the one obstacle is the asbestos issue, it is holding up Bridgeport Hall and Greenwich. The level of scrutiny the town has been under nobody else has had to deal with. Because of the issues that were made to the State the Town had to respond in a level of detail that nobody
else has to and that has been a major problem with getting a sign off at the State level.
Selectman Rosenthal moved to go into executive session for the purpose of legal matters, real estate. Seconded by Selectman Mangiafico. All in favor. Bob Tait, Bob Mitchell and Jim Juliano, Fred Hurley and the clerk were invited to stay. Executive session was entered into at 8:50PM and returned to regular session at 9:30PM. Selectman Rosenthal moved to purchase the Mason property for $280,000. First Selectman Borst seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 9:33PM
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
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