THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, February 2, 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, Town Engineer Ron Bolmer, Public Works Director Fred Hurley and Chief Building Inspector John Poeltl, twenty-five members of the public and one member of the press.
VOTER COMMENTS:
Barbara O’Connor, 36 Little Brook Lane, Sandy Hook has heard that three unions within town refuse to consider pay freezes or renegotiating their contracts. Ms. O’Connor’s opinion is that there should be layoffs within those unions, as other towns and cities are doing.
Jan Brookes, 38 Hundred Acres Road, Newtown stated she is a member of the Legislative Council but is speaking as a tax payer about the Army’s eminent purchase of 13 acres in Fairfield Hills. Ms. Brookes respectfully requested that the Board of Selectmen not point fingers or argue about who is responsible. Create a plan, when will there be a meeting, who will be part of the response to the Army? The Army needs to know that a significant percentage of people in Town do not want them on that property.
Sherry Bermingham, 42 Main Street, Newtown stated she represented several other people that could not make it to the meeting. When the Town agreed to purchase Fairfield Hills people didn’t envision the Army. They didn’t want track housing or big houses. The Town has a prison and a horse guard. The Town has done its part. There are a lot of people that will be very upset if the Army comes to Newtown.
Bob Geckle, 35 Queen Street spoke as a member of the Fairfield Hills Authority relative to the Army moving to Fairfield Hills. Fairfield Hills Authority is the implementer of the Master Plan of Fairfield Hills. Fairfield Hills is a single parcel of land, not to be sold off in pieces. Land use is by lease only. A very small portion of land was set aside for commercial use to be leased. Fairfield Hills was designated for municipal purposes, active and passive recreation; there are ball fields and walking trails. The concept through the master plan was land banking for future generations to make decision about. High Meadow is considered the prime property on the campus and was specifically set aside in the master plan as being land banked.
Douglas Brennan, 8 Antler Pine Road, Newtown stated some residents don’t look at the possibility of the Army moving to town negatively. The military has very high standards for their participation in their development of the community they enter. The Town should be prepared with negotiating strategy. There are infrastructure benefits, community benefits, there are benefits to local business. Mr. Brennan suggested the Selectmen form a negotiating group and find out what the intentions of the Army are and what can be obtained for the Town.
Lucy Sullivan, 51 Main Street, Newtown thinks the subject of the Army needs to stay wide open and be discussed. The precious place cannot be brought back once it is built on. Any fast and hasty decision is unwise. There are a lot more opinions out there than what is being heard tonight.
UNFINISHED BUSINESS:
Army: Selectman Rosenthal moved the following resolution:
Resolved that: the Newtown Board of Selectmen respectfully, but strongly and categorically rejects the request from the Department of the Army to purchase town-owned land, most particularly 13 acres in the "high meadow/east meadow", to construct an Armed Forces Reserve Center. There are many reasons for our action, some of them are as follows: such a sale would violate Planning and Zoning Regulations for this zone which require a minimum lot size of 150 acres thus prohibiting subdivision and sale; prior to town purchase of the parcel in which the site is located, the voters and town officials made it very clear on numerous occasions that once purchased the town would not sell any of this land; the Master Plan of Redevelopment for the parcel that was approved by the Board of
Selectmen and Planning and Zoning Commission and endorsed by the Legislative Council, considered the "high meadow' the most prime area of the parcel and land banked it for possible future school, municipal and other beneficial development and open space, it is also used for passive recreation trails; additionally, the "high meadow" is one of the most scenic and valuable pieces of real estate in town and is visible from many locations in Newtown.
Be it further resolved that: the Selectmen instruct the First Selectman to immediately convey this response to the Army's undated letter from Colonel Keith Landry (received January 26, 2009) and attach a copy of this resolution.
Be it also resolved that: the Selectmen request the support of Senator Dodd, Senator Lieberman and Congressman Murphy and instruct the First Selectman to contact them to enlist their assistance and send them a copy of this resolution and all correspondence.
Seconded by Selectman Mangiafico.
Selectman Rosenthal stated he had meetings with the Army three years ago. At that time there was no benefit to the town. There will be 500-1000 reservists training on weekends; most of them come, do their training and leave, they don't stay in town to shop or go to restaurants. There are no tax benefits associated with the Army coming to town. The letter from the Army states "your timely response will enable us to proceed with the project to meet the statute or to cancel it and cancel related closures of other Army Reserve and National Guard facilities in Connecticut." With the support of our Senator and Congressman, the town can respond forcefully to head this off. Also, the parcel in question is part of the Aquifer Protection Zone. Maintenance facilities are not
allowed in Aquifer Protection Zones.
Selectman Mangiafico noted there is a miscommunication between the Town of Newtown and the Department of Defense (Army Corp of Engineers). The letter from Colonel Landry states the high meadow site was an offered site, although, as discussed in public session, this site was never offered to the Army. There is also an attachment to the letter that states, under community concerns, "there were no formal expressions from the community." This is untrue, the Board of Selectmen had said, in public discussions that they were not interested in the Army being at the Fairfield Hills campus and a letter was sent to the Army explaining that the Town was not interested in having the Army at high meadow. Selectman Mangiafico agrees with the resolution proposed by Selectman Rosenthal and stated First
Selectman Borst needs to be explicitly clear in the answer to the Army.
First Selectman Borst explained that a week or two after taking office Mr. Redlinger from the Army Corp of Engineers came into the office looking for maps of the Fairfield Hills area. First Selectman Borst directed him to the Land Use Agency and to the GIS department. Nothing more was heard until the proposal in October 2008. A meeting was set up at that time with the Army, First Selectman Borst, Director of Community Development Elizabeth Stocker and Director of Land Use George Benson. First Selectman Borst told the Army at that time that the high meadow/east meadow was unavailable, explaining that the land is a single parcel not to be subdivided. The Army property had to be adjacent to another facility, namely the horse guard. The only other adjacent property is the Tech Park. The letter sent to the Army included articles and letters to the editor from the Newtown Bee and stated that the response from the citizens had been rather negative. The Army has said they have no
interest in using eminent domain to acquire property. First Selectman Borst feels that the economy is getting worse and the Fairfield Hills redevelopment isn't moving quickly. The Army is interested in spending $35-$55 million on the construction of the facility. There will be no tax benefits but there will be jobs such as lawn and building maintenance. The letter stated the reserve center will be a "campus like facility for army reserve and army national guard citizen soldiers to attend classroom sessions." There will be no chemical training. A maintenance facility would service vehicles no larger than a Humvee. First Selectman Borst believes, given the economic situation, that the town should at least take the opportunity to look at.
Selectman Rosenthal (YES), Selectman Mangiafico (YES), First Selectman Borst (NO).
First Selectman Borst told the Board he would get them copies of the letter that is sent to the Army Corp of Engineers.
Selectman Rosenthal moved to enter executive session for the purpose of personnel matters and union negotiations. Invited to stay were John Poeltl for only the portion that pertained to him and Karen Pratt-Szilagyi, Arlene Miles and Joe Tani for only the portion that pertained to them. Executive session was entered at 8:05pm and returned to regular session at 8:25pm with no motion taken.
NEW BUSINESS:
First Selectman Borst noted that Budget Deliberations is last on the agenda, however one item would be moved up so the members didn't have to wait until the end of the meeting.
Budget 2009/2010
230 Town Hall Board of Managers
Jay Gill and Sandy Motyka were present.
Selectman Rosenthal moved Account 230 Town Hall Board of Managers in the amount of $190,000. Seconded by First Selectman Borst.
Ms. Motyka explained that $190,000 covers heat, electricity and one half of the staff in the building. Raises have not been given in two years and there has been a reduction in staff hours. All in favor. Selectman Rosenthal noted that once the town offices move to Fairfield Hills the Town Hall will generate revenue with other organizations in the building.
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to accept the minutes of 1/20/09, 1/21/09, two meetings of 1/22/09, 1/27/09 and 1/28/09 with the following correction noted: the meeting of 1/22/09, Special Meeting, page 3, 6th paragraph, forth line should read "$38.8 million based on what they read; material changes to that will not be supported". The word material is missing in the original minutes. Amended minutes of the above meetings were unanimously carried.
COMMUNICATIONS – SELECTMAN, ETC.
Discussion of topics tabled from previous meetings:
1. Grant Update: First Selectman Borst noted the grant list includes Newtown Tech Park, Nunnawauk Meadows, Fairfield Hills parking and streetscape, Fairfield Hills asbestos removal, mothballing project and infrastructure. Kevin's Community Center has no update. Selectman Mangiafico noted the Tech Park has been reduced by $50,000. First Selectman Borst stated that Governors executive order indicates the state wants to preserve as much agricultural property as possible. The Department of Economic and Community Development decided to review the STEAP grant which was originally for $500,000. There was a meeting on January 15, 2009 in Hartford with representatives from the Office of Policy Management and the Department of Agriculture. There is
interest in swapping a 4 to 1 acreage on other agricultural property in town for each acre of the Tech Park, established as agriculture in perpetuity. The agricultural land in the Tech Park can be used for the development of the park. There will be another meeting in a month or so. Selectman Rosenthal questioned the authority of the state to rescind a grant that was previously given. The suggestion is to get the land from open space. The Town has not agreed to anything and may have to get the Town Attorney and the State Representatives and Senator involved. Selectman Mangiafico read from Elizabeth Stockers report “the DECD is reluctant to allow any further draw downs on the grant at this
time.” The preservation of the Deep Brook and the development of the Tech Park have not been resolved between the Economic Development Commission and Conservation. First Selectman Borst said the state was suggesting moving the grant money of $250,000 to Fairfield Hills meaning the town would need to find other ways of developing the Tech Park.
Selectman Mangiafico also questioned what right Hartford has to rescind a grant.
2. Bateson Property: Selectman Mangiafico inquired as to the revaluation of the property. First Selectman Borst replied that the property is now valued at 100% of its market value. A letter was sent to the Bateson’s last week. Bob Tait stated that the change in the valuation is from the date it was assessed and it is prorated.
A new driveway bond should be posted once the previous one has expired.
3. ATMI: Selectman Mangiafico stated he was surprised the CFO from ATMI hasn’t
yet returned a phone call to First Selectman Borst. First Selectman Borst replied that
he had left the message on Friday, today is only Monday.
4. Open Session with Residents: Selectman Mangiafico inquired as to First Selectman Borsts feelings on holding informal meetings with residents where they can speak their minds and get responses from the Selectmen. First Selectman Borst asked Selectman Rosenthal if he had ever held these types of meetings. Selectman Rosenthal answered that he had but not many people came. First
Selectman Borst
stated he is not opposed to the idea and suggested Selectman Mangiafico coordinate
it with his assistant to set it up because he doesn’t have time to put it together at
this time. Selectman Mangiafico stated he will publish his letter in the Newtown
Bee.
5. Hattertown Rd/fence: First Selectman Borst reported that he had spoken with Town Attorney David Grogins and he is waiting for a response from Attorney Pollack. Selectman Mangiafico stated this is a serious safety issue that needs to be addressed immediately.
6. AT&T VRAD: First Selectman Borst spoke with Michael Lombardi, area manager for AT&T, and told him that the Town’s position was to move the VRAD box on Queen Street across the street in front of the AT&T building. Mr. Lombardi will submit a project proposal. Selectman Mangiafico suggested denying any further VRAD requests until AT&T moves the box on Queen Street.
Selectman Mangiafico moved to deny permission to AT&T to install a VRAD
box on Turnberry Lane. The reason for the denial is that AT&T has not
committed to remove the box on Queen Street. Selectman Rosenthal seconded
for discussion. Selectman Rosenthal agrees that AT&T has been very dilatory in
their response to the Queen Street box but is concerned that denying the
Turnberry VRAD box will impact the businesses in the area. Selectman
Mangiafico rescinded his prior motion. Selectman Rosenthal withdrew his second.
Selectman Rosenthal suggested not approving the Turnberry Lane VRAD box
unless there is a response regarding Queen Street, but not deny the request until
the meeting of 2/17/09. This needs to be communicated to AT&T.
UNFINISHED BUSINESS:
Discussion and possible action:
Fairfield Hills Update:
Fred Hurley reported that Russell Bartley sent an overview to the Department of Public Health and to the Department of Environmental Protection stating that work would recommence this week. Each department responded affirmatively. Wednesday morning work will start on Bridgeport Hall. There are four levels of testing procedure: 1.) no type of hazard, 2.) no asbestos but some form of hazard, 3.) if there is asbestos less than 1% and 4.) if there is asbestos over 1%. Nothing will happen at Greenwich Hall until the end of the week, beginning of next week. The roadways servicing Newtown Youth Academy are a shared responsibility. The Greenwich Hall contractor has the responsibility for the area leading up to the Youth
Academy. Below Greenwich Hall become Town roads and town responsibility. Selectman Rosenthal spoke with Jeff Cugno last week who reported the target date for moving to Bridgeport Hall is still September.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Releases/Extensions:
Selectman Rosenthal moved to accept the release two driveway bonds: Fred Pesavento, Boggs Hill Rd., M15, B5, L2.1 and Dennis Hays, 40 Great Hill Rd, M6, B24, L1 in the amount of $1,000 each. Selectman Mangiafico seconded. All in favor.
2. Transfer Account 01570-2000 Contingency $10,000 to Account 01680-0000
Newtown Cultural Arts Commission: Cultural Arts Commission member Martin
Blanco requested a transfer to fund a one day film festival in Newtown at the Edmond
Town Hall. The event will include a series of events including a film, ‘Dyslexia, The
Movie”, by Harvey Hubbell V. This can provide opportunities for Newtown in the
future. First Selectman Borst moved the transfer from account 01570-2000
Contingency to account 01680-0000 Newtown Cultural Arts Commission. Selectman
Mangiafico seconded. All in favor.
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. February Tax Refunds No. 11: First Selectman Borst moved the February Tax Refunds No. 11 in the amount of $14,290.25. Selectman Rosenthal seconded. All in favor.
4. Appointments/Reappointments: Selectman Rosenthal moved to authorize the First Selectman to appoint Martha LaMarche, 161 Taunton Hill Rd. and Wes Thompson, P.O Box 189 to the Economic Development Commission and appoint James Bernardi, 73 Hattertown Rd. to the Commission on Aging; Michael T. Paes, Esq., 5 Teachers Ridge Rd. to the Charter Advisory Council; Andrew Comcowich, 112 Haley Lane as a Justice of the Peace and George Schmidt to the Lake Zoar Authority. Selectman Mangiafico seconded. All in favor.
5. Community Center Design Project: Parks and Recreation member Ed Marks requested the Board of Selectman to authorize the First Selectman to sign the Ames & Whitaker contract. Selectman Rosenthal moved to authorize the First Selectman to sign the standard form of preliminary agreement between owner and design-builder as long as they have been reviewed by the Town Attorney. Selectman Mangiafico seconded. All in favor.
6. Sandy Hook Streetscape funding: Selectman Rosenthal stated that about $150,000 for this project came from the town fund; there was $500,000 in grants. It was understood that the sidewalks would need to be maintained. Maintenance should be part of the Public Works budget. Selectman Mangiafico moved the maintenance of the Sandy Hook Streetscape be part of the Public Works Department budget. Selectman Borst seconded. All in favor.
First Selectman Borst mentioned that there are three doors at the Town Hall that have to have automatic door openers as per the Americans With Disabilities Act. The quote received was $6,843 with an additional $500-$600 for the doors to be put in and wired. The First Selectman has to sign a statement certifying the project is eligible for LoCIP funds.
Budget 2009/2010
140 Tax Collector
Selectman Rosenthal moved the bottom account 140 Tax Collector line of $190,989 by decreasing line 01140-1001 Tax Collector by $2,510. First Selectman Borst seconded. All in favor.
160 Probate
Selectman Rosenthal moved account 160 Probate in the amount of $4,050. First Selectman Borst seconded. All in favor.
200 Finance
Selectman Rosenthal moved account 200 Finance in the amount of $329,743. Selectman Mangiafico seconded. All in favor.
240 Social Security
Selectman Rosenthal moved account 240 Social Security in the amount of $880,640. Bob Tait explained that there is a reduction in line 01240 2002 of $21, 405. Selectman Rosenthal moved AMENDED account 240 Social Security in the amount of $859,235. Selectman Mangiafico seconded. All in favor.
MAIN MOTION WAS AMENDED (859,235) UNANIMOUSLY CARRIED.
260 Pension
Selectman Rosenthal moved account 260 Pension in the amount of $558,765. First Selectman Borst seconded. All in favor.
270 Employee Benefits
First Selectman Borst moved to AMEND account 270 Employee Benefits by decreasing line 01270 2001 Employee Benefits by $50,000. Selectman Rosenthal seconded. All in favor.
MAIN MOTION WAS AMENDED (3,083,750) UNANIMOUSLY CARRIED.
280 Professional Organizations
Selectman Rosenthal moved account 280 Professional Organizations in the amount of $35,312. First Selectman Borst seconded. All in favor.
350 Insurance
Selectman Rosenthal moved account 350 Insurance in the amount of $931,000. Selectman Mangiafico seconded. First Selectman Borst AMENDED account 350 Insurance by reducing line 01350 4002 Uninsured Losses by $10,000. Selectman Mangiafico seconded. All in favor.
MAIN MOTION WAS AMENDED ($921,000) UNANIMOUSLY CARRIED.
600 Legislative Council
Selectman Rosenthal moved account 600 Legislative Council in the amount of $46,511. First Selectman Borst seconded. Selectman Mangiafico moved to AMEND account 600 Legislative Council by reducing line 01660-4001 Audit by $1,000 and line 01660-4060 Legal Services by $2,000. First Selectman Borst seconded. All in favor.
MAIN MOTION WAS AMENDED ($43,511) UNANIMOUSLY CARRIED.
730 Hattertown Historical District
Selectman Mangiafico moved account 730 Hattertown Historical District in the amount of $500. All in favor. (Selectman Rosenthal abstained from voting as his wife is a member).
750 Local Housing Partnership
First Selectman Borst moved to AMEND account 750 by reducing the amount by $100 to zero. Selectman Rosenthal seconded. All in favor.
420 Veterans Guidance
Selectman Rosenthal moved account 420 Veterans Guidance in the amount of $250. First Selectman Borst seconded. All in favor.
570 Contingency
Selectman Rosenthal moved account 570 Contingency in the amount of $500,000. First Selectman Borst seconded. All in favor.
825 Debt Service
Bob Tait reported that line 01580 2002 Interest will be reduced by $82,631. Selectman Mangiafico moved AMENDED account 825 Debt Service in the amount of $10,559,974. Selectman Rosenthal seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, The Board of Selectmen adjourned the regular meeting at
11:05 PM.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
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