THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting, followed by budget deliberations on Tuesday, January 20, 2009 in the meeting room at the Senior Center, 14 Riverside Road, Sandy Hook, CT. First Selectman Borst called the meeting to order at 8:13 p.m.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal.
ALSO PRESENT: Finance Director Robert Tait, Public Works Director Fred Hurley, various department heads, twenty-five members of the public and three member of the press.
VOTER COMMENTS:
Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook, commented that she thought Selectman Mangiafico’s idea of having an open communication meeting between the Board of Selectman and the public, where topics can be discussed freely, was a good idea. Ms. Johnson stated government would work better with a real system of check and balances. She stated the Legislative Council gave all the power to the Fairfield Hills Authority, abdicating their responsibility of checks and balances. The two party system is a problem. There is fierce competition and nothing gets done. She urged the Selectman to try to find a way to answer questions that are brought up at the Selectmen meetings.
Po Murray, 38 Charter Ridge Drive, Sandy Hook, commented that the Public Works budget was decreased by a significant amount depending on receiving infrastructure funds from the Obama fund. If those funds are not received how will the road improvements be addressed? Fairfield Hills Authority noted about $500,000 going to DeMarco Management. Ms. Murray assumes that Fred Hurley and the police department will be taking care of the roads at Fairfield Hills. Why is the budget the same when there are now additional roads?
ACCEPTANCE OF MINUTES: The minutes of the Board of Selectmen meeting of 01//5/09 were accepted after the following changes were made: First Selectman Borst noted that in the last meeting he spoke of the request a resident made to have a sidewalk installed “essentially…in front of the police station”. The area is actually south of the police station and across the street, on the east side of Rte. 25, south of Glover Ave. Selectman Rosenthal moved to accept the corrected minutes of 01/05/09. All were in favor.
COMMUNICATIONS – SELECTMAN, ETC. – none noted.
Added item: First Selectman Borst requested an addition to the agenda: Public Works transfer dated January 12, 2009 of $190,000 from Contingency to Acct. #01510 1003 Winter Overtime, $35,000, Acct. #01510 2032 Winter Salt, $125,000 and Acct. #01510 2031 Winter Sand, $30,000 to the agenda as New Business agenda item 1a. Selectman Mangiafico moved to add the item to the agenda. Selectman Rosenthal seconded. All in favor.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Fred Hurley reported there have been some
results from the Department of Environmental Protection and the
Department of Public Health. Final results are anticipated this week. The
methodology of testing asbestos has been agreed upon. The state lab is
testing the samples with the towns approved lab participating in the
testing. The results so far have been negative with one partial positive result coming back negative on a retest.
NEW BUSINESS:
Discussion and possible action:
1. Signature Resolution for Invasive Plant Grant: WHEREAS, the State of Connecticut, Department of Environmental Protection requires a signature resolution which designates the individuals authorized to execute documents on behalf of the Town of Newtown for funds administered under the following grant: WHEREAS, the assigned resolution establishes the individuals in the Town of Newtown with authority to execute documents and contracts under the following grant; NOW THEREFORE BE IT RESOLVED by the Board of Selectmen of the Town of Newtown that: the individual whos names, titles, and signatures appear below is/are hereby designated as Authorized Officials and are
authorized to execute for and on behalf of the Town of Newtown, a public entity established under the laws of the State of Connecticut, applications, contracts, and documents for the purpose of obtaining financial assistance under the grant dated December 4, 2008 and entitled: “Mile-a-Minute Vine Control in Newtown Open Space Areas adjacent Huntingtown Road.” First Selectman Borst moved to approve the above resolution. All in favor.
2. Glen Mountain Holding Company, LLC lease for Woodbury Hall: David Grogins, Town Attorney addressed the room stating this lease is a ground lease. The building is unusable at present, it needs to be gutted, has no heating, no electrical supply, there is mold and asbestos. The building is worthless, actually has a negative value. Completed, functional, new buildings may sell for $18 per square feet. This is not a functional building. The cost of renovations is in excess of $4,000,000. The tenant is required to conform to planning and zoning requirements. It is unknown if the tenant will apply for tax abatements. Any tenant is allowed to
apply for a reduction of taxes. The Town is not obligated to provide electricity or gas in the building. The Town is obligated to provide gas to the battery line, an imaginary line that goes around the perimeter of the building and is ten feet from the building. Public Act 0533 had the clear intent of allowing the Fairfield Hills Authority to lease property with the approval of the Board of Selectman without utilizing the provisions of the Charter under sections 7-90. It is a pure auction procedure. The Board of Selectman has the right to approve the lease of property at Fairfield Hills. The ordinance states the Fairfield Hills Authority can lease the property in the name of the Town. The lease is legally appropriate. The parking lot is common parking, not specific to Woodbury Hall. The Town will provide what parking is required by the zoning ordinance.
Bob Geckle of the Fairfield Hills Authority reported that Woodbury Hall
has been vacant for at least twelve years. Soil remediation was completed in 2006-2007. The building contains lead paint, asbestos and extensive mold due to water infiltration in the basement. It has no heat, no electric or utility source. There are water and sewer connections. One lease option is “as is where is” for $760,000, upside of $800,000. Another option is to leave the building as it is with no investment from the Town. A third option is to remedy the water infiltration, clean up the mold and mothball. Estimates are $250,000 to $300,000. Also, the Town can choose to remediate the mold, lead paint and asbestos and demolish the building at a price of $700, 000 - $750,000. Lastly, act as a developer and landlord and invest $3.8
million in building. The Fairfield Hills Authority has recommended to the Board of Selectman that the property be leased. The common area charges are $1.90 per square feet for 20,000 square feet for above grade levels and 95 cents per square feet for below grade level. The annual common charges on the building would be $47,500. The estimated tax revenue on the building will be $40,000-60,000 annually and up to $20,000 for personal property tax. Part of the master plan for Fairfield Hills was to develop common parking. The plan for Newtown Hall and Woodbury Hall is common parking of 180 spaces, 105 on the Newtown Hall side. A $300,000 STEAP grant has been awarded specifically for infrastructure, streetscape and lighting for Fairfield Hills campus. The common charges cover lawn maintenance, parking areas, sidewalk maintenance and common area lighting. The tenant is responsible for all taxes, insurance, interior management charges,
gas and electric. Glen Mountain Holding intends to spend up to $3.8 million on the building. That will cover site work, demolition, electric, heating ventilation, air conditioning, new doors, new windows and a new roof. Additionally there will be twenty eight jobs in year one growing to fifty one jobs in year five. The reason the lease price dropped from the original price is the rapid deterioration of the building because of the water infiltration. The building has a negative net worth. The lower level can only be entered with protective gear. $760,000 lease and $550,000 remediation will get Glen Mountain Holding a building fit for use. The infrastructure of Fairfield Hills includes gas and electric loops to serve the entire campus.
Elizabeth Stocker, Director of Community Development stated that Woodbury Hall being leased is a responsible growth project. The redevelopment of Fairfield Hills is a partnership with the State of CT and the Federal Government. The Town has received $750,000 in grants just for development. There have also been open space and recreation funds. $200,000 has been granted for the clean up of at least one building. The Town is on the right track with a program of redevelopment. Ms. Stocker is hopeful that this project will go through. The taxes will provide the town with annual income, which is something the Town is not seeing today.
Fred Hurley explained the parking is 180 spaces taking into consideration handicap parking. The direct costs are billed to the Fairfield Hills Authority. There is no direct expense to the Public Works Department. The water and sewer mains are usable and acceptable but shouldn’t be left for the next 20-30 years. Barring grant money the water and sewer authority would be assessed for the water and sewer cost.
Selectman Mangiafico stated he has grave concerns about the project. One question was regarding the parking spaces. Mr. Hurley reiterated that there are 180 spaces total for both buildings. Selectman Mangiafico noted this is a lease not a purchase as suggested by a speaker. It is not the Board of Selectmen’s right to decide about competition between businesses. Another tenant in Fairfield Hills is desperately needed.
Selectman Rosenthal expressed appreciation for Al Roznicki’s analysis. There was no value placed on the buildings during the purchase of Fairfield Hills from the State of Connecticut. Selectman Rosenthal expressed appreciation to the speakers and thanked Bruce Walczak for his questions but noted his absence during the Board meeting where Glen Holding was being addressed. Selectman Rosenthal expressed respect for the attorneys, both for the Town and for the tenant. Fairfield Hills Authority has always acted in the best interest of the Town. Bob Geckle stated that he is not aware of any plans for retail uses in Woodbury Hall. First Selectman inquired as to when the tenant would like to sign the lease. The tenant replied as soon as possible. First Selectman suggested
deferring a vote on this item at this time because there are several lease items that need to be resolved. David Grogins reported there are two issues that need to be resolved: one is the number of parking spaces and the second is the method of payment. This item will be discussed further at the January 27, 2009 Board of Selectman meeting.
1a. Public Works Transfer: First Selectman moved the transfer : Public Works transfer dated January 12, 2009 of $190,000 from Contingency to Acct. #01510 1003 Winter Overtime, $35,000, Acct. #01510 2032 Winter Salt, $125,000 and Acct. #01510 2031 Winter Sand, $30,000. Selectman Rosenthal seconded. All in favor. Fred Hurley explained the high price of salt and explained that most years they have not fully funded the winter maintenance account. While salt use has gone up, sand use has gone down dramatically because the nature of the treated salt has allowed the department to clear the roads without having to use all the sand. There are environmental issues with the use of sand.
3. Appointments: First Selectman Borst moved to approve the appointment of David Howard, 53 School House Hill Road, Newtown, CT to the Economic Development Commission, with a term to end January 6, 2012 and the appointment of Gary Fetzer, 18 Sugar Street, Newtown, CT as a Justice of the Peace, with a term to end January 5, 2013 and the appointment of Maureen Crick Owen, 16 Tamarack Road, Newtown, CT to the Parks & Recreation Commission with a term to end 01/06/11. Seconded by Selectman Mangiafico. All in favor. The appointment of Martha LaMarche, 161 Taunton Hill Road, Newtown, CT was tabled until the next meeting.
4. Reappointments: First Selectman Borst moved to accept the approval of the following reappointments:
Karen Aurelia, Commission on Aging, 01/06/09 – 01/06/12
Barbara Brimmer, Hattertown Historical District, 06/30/08 – 06/30/13
Dana Schubert, Pension Committee, 01/06/09 - 01/06/11
Sara Frampton, Deputy Registrars of Voters, 01/07/09 – 01/07/13
Norma Gray, Deputy Registrars of Voters, 01/07/09 – 01/07/13
Alan Shepard, Water & Sewer Authority, Borough, 01/06/09 - 01/06/13
Carl Zency, Water & Sewer Authority, Borough, 01/06/09 – 01/06/13
Martin Blanco, Cultural Arts Commission, 01/07/09 – 01/07/12
Donna Mangiafico, Cultural Arts Commission, 01/07/09 – 01/07/12
Linda Watson, Cultural Arts Commission, 01/07/09 – 01/07/12
Philip Kotch, Inland Wetlands Commission, 01/07/09 – 01/07/13
Selectman Mangiafio seconded. All in favor.
5. Road Acceptance: Turkey Hill Road: Selectman Rosenthal moved to accept Turkey Hill Road. All in favor.
6. Danbury purchase of transfer station: First Selectman Borst read from the resolution: RESOLVED: That it is in the public interest of the Municipality and the HRRA Region to support the City of Danbury’s exercise of Eminent Domain to take ownership of either or both parcels of real property on which the White Street transfer station is located, should the City of Danbury decide that is the best plan of action to do so. Selectman Rosenthal stated he believes this in the best interest of the region and for people who use the Newtown transfer station or have garbage picked up by a hauler. First Selectman Borst moved the above resolution for
acceptance. Seconded by Selectman Rosenthal. All in favor.
7. January 2009 Tax Refunds #10: First Selectman Borst moved to accept January 2009 Tax Refunds No. 10 in the amount of $6,982.95. Selectman Rosenthal seconded. All in favor.
8. STEAP Grant Resolution: Selectman Rosenthal moved the following resolution: WHEREAS, pursuant to Connecticut General Statutes, Section 4-66g, the Connecticut Department of Economic and Community Department is authorized to extend financial assistance for economic development projects; and WHEREAS, it is desirable and in the public interest that the Town of Newtown make an application to the State for $125,000 in order to undertake the Fairfield Hills Campus tunnel removal and utility installment project. NOW THEREFORE, BE IT RESOLVED by the Newtown Board of Selectmen: 1. That is cognizant of the conditions and prerequisites for the State Assistance
imposed by C.G.S. 4-66g. 2. That the filing of an application for State financial assistance by the Town of Newtown in an amount not to exceed $125,000 is hereby approved and that Joseph E. Borst, First Selectman is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute any amendments, decisions and revisions thereto, and to act as the authorized representative of the Town of Newtown, Connecticut. All in favor.
9. 2009/2010 Budget
Account 680 Newtown Cultural Arts Commission
Committee Chair Jennifer Johnston was present.
Selectman Rosenthal moved Account 680 Newtown Cultural Arts Commission in the amount of $7,000. First Selectman Borst moved to AMEND by decreasing line 01680-0000 by $3,500. Selectman Rosenthal seconded for discussion. Selectman Mangiafico reminded the audience of the difficult economic times and stated that any increases in the budget will be very difficult to justify. Ms. Johnston defended her request for an increase saying that a $2,000 budget isn’t enough to rent the Alexandria Room at the Town Hall or the theater for one show. Selectman Mangiafico moved to AMEND Account 680, Newtown Cultural Arts Commission in the amount of $2,000. Selectman Rosenthal seconded with an agreement to revisit this account at
the end of the budget. All in favor. MAIN MOTION AS AMENDED ($2,000) UNANIMOULSY CARRIED.
Account 100 Selectman
Selectman Rosenthal moved Account 100, Selectman in the amount of $388,428. First Selectman Borst seconded.
Selectman Mangiafico moved to AMEND by decreasing:
Line 0100-1002, Secretary, Assistant by $35,895 and
Line 0100-4063, Legal Services-other by $10,000. Selectman Rosenthal seconded. All in favor.
MAIN MOTION AS AMENDED ($342,533) UNANIMOUSLY CARRIED.
Account 105 Selectman Other
First Selectman Borst moved Account 105 in the amount of $312,285. Motion seconded.
Selectman Mangiafico moved to AMEND by decreasing:
line 01105 1002 Clerks by $2,100,
line 01105-2011 Office Supplies by $6,340,
line 01105-2024 Copiers by $6,811. Selectman Rosenthal seconded. All in favor.
MAIN MOTION AS AMENDED ($297,034) UNANIMOUSLY CARRIED.
Account 170 Town Clerk
Town Clerk Debbie Aurelia was present.
Selectman Rosenthal moved Account 170 Town Clerk in the amount of $250,751.
Selectman Mangiafico moved to AMEND by decreasing line 01170 2026 by $10,000. Selectman Rosenthal seconded. All in favor.
MAIN MOTION AS AMENDED ($240,751) UNANIMOUSLY CARRIED.
Account 180 Registrars
Registrar LeReine Frampton was present.
Selectman Rosenthal moved Account #180 Registrars in the amount of $149,834. Selectman Mangiafico seconded. Ms. Frampton explained that because the Probate Judge must retire this year there will need to be a special election held. Selectman Mangiafico moved to AMEND by decreasing:
Line 01180-1001 Registrars by $1,694
Line 01180-1002 Dep. Registrars/Clerk by $4,681
Line 01180 1003 Special Election by $20,000. Selectman Rosenthal seconded. All in favor.
MAIN MOTION AS AMENDED ($123,459) UNANIMOUSLY CARRIED.
Account 490 Land Use
Director of Land Use George Benson and Deputy Director Rob Sibley were present.
Selectman Mangiafico moved to AMEND Account #490 Land Use by decreasing:
Line #01490 1002 Administration by $19,000
Line #01490 2014 Dues, Subscription, Travel by $1,000
Line #01490 2026 Open Space Indexing by $4,400
Line #01490 4061 Legal Services by $15,000
Line 01490 5080 Capital by $2,600. First Selectman Borst seconded. All in favor.
MAIN MOTION AS AMENDED ($465,952) UNANIMOUSLY CARRIED.
Account 740 Economic Development
Elizabeth Stocker was present.
Selectman Rosenthal moved Account #740 Economic Development in the amount of $117,815. First Selectman Borst seconded. All in favor
Account 190 Tax Assessor
Tax Assessor Chris Kelsey was present.
Selectman Rosenthal moved Account #190 Tax Assessor in the amount of $236,162. Selectman Mangiafico seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 12:40am to be continued tomorrow, January 21, 2009 at the Senior Center, 7:30pm
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
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