THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Tuesday, February 17, 2009 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT.
First Selectman Borst called the meeting to order at 7:00 p.m. and moved to go into executive session. Invited to attend were Chris Kelsey, Tax Assessor and Ron Bolmer, Town Engineer. The meeting returned to regular session at 7:45 p.m. with no motion taken. Attorney Grogins will prepare and send a letter to the Batesons relative to the driveway bond and property assessment.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal.
ALSO PRESENT: Public Works Director Fred Hurley, Town Engineer Ron Bolmer, Town Attorney David Grogins, Fran Pennarola, two members of the public and two members of the press.
VOTER COMMENTS:
Barbara O'Connor, 36 Little Brook Lane, Newtown is disheartened that Hawley Construction and Danbury Hospital backed out of the project at Fairfield Hills and wondered if the bad publicity had an effect on their decision. First Selectman Borst suggested Ms. O'Connor speak with Bob Geckle because he is on the Board of Trustees at the Hospital. First Selectman Borst stated the lease was signed within two weeks of coming into office and Danbury Hospital was planning to sublease the second floor to doctors but couldn't get enough doctors to go along with the idea.
Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook thanked the Board for their tolerance of her hearing impairment. Ms. Johnson stated she is concerned about the Towns democracy and asked the Board to consider the way the meetings are run, suggesting an additional thirty minutes for public participation once a month, where the Selectman could answer questions. Ms. Johnson believes Newtown has failed to act democratically, stating changes were made to plans at Fairfield Hills without asking the voters. Ms. Johnson feels "deliberative democracy is unknown in Newtown." Selectman Rosenthal responded to Ms. Johnson by telling her he takes her attacks personally and believes people listening to her misinformation filed frivolous complaints costing the town a lot of money. Selectman Rosenthal noted that Ms.
Johnson is entitled to her opinions but will not just sit and listen anymore.
First Selectman added an item to the agenda: ATMI. In a prior meeting the Selectmen passed an approval to abate the real estate taxes pursuant to the CT general statute section 12-65(b) and the personal property taxes pursuant to section 12-65(h) for a period of seven years. The perspective occupant is asking the rates be at 100%, property taxes would also apply to office furniture. This will be presented to the Legislative Council tomorrow. Selectman Mangiafico moved to add this item to the agenda. Selectman Rosenthal seconded. All in favor.
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to accept the minutes of 02/02/09 and 02/06/09. Selectman Rosenthal seconded. All in favor.
COMMUNICATIONS – SELECTMAN, ETC.
United States Postal Service: First Selectman Borst reported that there will be a Public Hearing prior to the next Board of Selectmen meeting, March 2, 2009 at 7:00 p.m. This will be an informational meeting for the Post Office to explain to the public the policies and procedures that need to be followed in order to open a new Post Office in Hawleyville.
VRAD: First Selectman Borst reported that Chip Hungerford and Michael Lombardi, from AT&T will be meeting with him in his office tomorrow. Selectman Mangiafico stated that he had spoken with them also and referred them back to First Selectman Borst.
Army: First Selectman Borst reported he had received a call on 02/1/309 from Frank Rowe of Senator Lieberman's office in regards to BRAC needs, the Army. Mr. Rowe wants a meeting with Senator Lieberman's office, Senator Chris Dodd's office and Congressman Chris Murphy's office. They are aware the the high meadow/east meadow are not available. Land Use Director George Benson and Director of Community Development Elizabeth Stocker will also be present at the meeting. First Selectman Borst explained that the three offices can address BRAC needs because they have seen the package that went out and they want to become educated as to the status at this point. Selectman Rosenthal stated that the letter sent to the Senators and Congressman was very confusing.
Lyme's Task Force: First Selectman Borst reported that Dr. Grossman and Dr. Kotch have indicated they would be willing to serve on the task force. Once the finance budget meetings are completed First Selectman Borst can focus on the task force.
High School Expansion: First Selectman Borst stated that the rebid process is ongoing. The Board of Education is seeking funds from the Legislative Council for the portable classrooms. The DOT will be in town on February 24th to discuss Exit 10 and Edmonds Road. This will be an informational meeting with Ron Bolmer and Dave Bratz in attendance.
Tech Park: No changes reported.
Hattertown Road fence/sight line: First Selectman Borst reported that the homeowner would like the fence moved into a curve configuration to the neighbors’ driveway. Ron Bolmer doesn't think that is an adequate solution. David Grogins suggested to Paul Pollock that the homeowner hire a design engineer to figure a way to move the fence away from the street. Selectman Mangiafico stated again that this is a serious safety issue that has to be dealt with now even if that means removing the fence now and working out the details later. David Grogins stated that the town has the option to go to court for a mandatory injunction to move the fence and also stated that everything has been done in an attempt to work with the homeowner. There is no adverse position on town property. The fence is
illegal. Selectman Rosenthal stated that the neighbor should be required to lower the pillars that are too high; both safety issues should be dealt with. Selectman Mangiafico moved the Hattertown Road fence line of sight issue be resolved with a letter from the Town Attorney to Renate Adler (fence) and Tom Sharpe (stone columns). Attorney Grogins explained it could take up to a month to get a mandatory injunction to remove the fence. There was further discussion on the process of the fence removal. -Selectman Mangiafico continued the motion by authorizing a letter to be sent to Renate Adler stating the fence must be removed within twenty-one days or the town will remove it. Concurrent action to secure a court order to allow the town to go on the property to remove the fence will be taken. Selectman Rosenthal seconded. All in favor.
Improved Selectmen Communications: Selectman Mangiafico read a letter he wrote to First Selectman Borst on November 22, 2008 (Att. A) requesting informal meetings be held, separate from regularly scheduled Board of Selectmen meetings, where the public can have open discussions with the Selectmen. First Selectman Borst responded that he is not opposed to having these meetings and asked Selectman Mangiafico to help with the scheduling of the meetings. Selectman Mangiafico replied there was nothing to be done to prepare for the meetings. Selectman Rosenthal stated he would attend and noted that there would be no need for minutes to be taken at these meetings as there will be no motions taken. An agenda for discussion would need to be posted. Selectman Mangiafico moved the Board of Selectmen
direct the First Selectman to initiate and hold "enhanced communication special discussion meetings" between the Board of Selectmen and the public as generally outlined in the letter of 11/22/08 from Selectman Mangiafico to First Selectman Borst to be held as needed but in no event less than once every four months. The first of these meetings to be held on or before 04/30/09. Selectman Rosenthal seconded. All in favor.
Queen Street Sidewalks: Jim Gaston will be establishing a committee to work with the Town Engineer on the west side sidewalks.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Fred Hurley reported the environmental cleanup is moving forward in Bridgeport Hall. A report is being worked on now to determine how to characterize some of the results at Greenwich Hall. There is one result of 1.01; it may be characterized as 1, which would determine if any action needs to be taken. This is close to being resolved. The tunnels are coming out. The gas project should be restarted at the end of March with an April 1 start date. There have been no unanticipated cost issues with the tunnel removal. At this point updates on Bridgeport Hall will be coming from O & G and Bill Knight, the Town
Project Representative. The engineer for the fire suppression system at Bridgeport Hall feels there should be a booster pump for that fire suppression system. There are technical issues that need to be resolved. There is an idea to have a booster pump station for the campus to get the overall pressure up so it can overcome the issue of fire suppression at other buildings. There needs to be more study on this item and possibly something to be included on a grant application. Mr. Hurley recommends an emergency generator for Bridgeport Hall. Attorney Grogins stated that the end result of the investigation from the Department of Public Health and the Department of Environmental Protection is that the town did nothing wrong, that some reports may have been misplaced by the state or not filed exactly on time and that the town wasted thousands of dollars and lost months off the projects at Fairfield Hills as a result of a letter from a resident to the
Department of Environmental Protection saying the town was doing something wrong. Attorney Grogins stated the money lost may exceed $100,000. Selectman Rosenthal stated that the allegations were made by people who did not want the Fairfield Hills project and used this as a way to delay the project. These people put their own self interest ahead of the good of the town without cause. Mr. Hurley reported that grants will still be pursued for the infrastructure at Fairfield Hills.
NEW BUSINESS:
Discussion and possible action:
1. First Light Land Management Agreement: Attorney Grogins reported he has been attending the First Light Meetings. The land management agreement gives the towns the jurisdiction to regulate what the property owners can do i.e. docks, gazebos. The project boundary for Lake Candlewood is the 440 elevation line, Lake Lillinonah the 220 elevation line and Lake Zoar the 110 elevation line. As of July 1, 2008 anything that exists is grandfathered in. Residents have to register within a year in order to keep what they have without paying licensing fees. The agreement starts upon the agreement with FERC (Federal Energy Regulatory Commission). Attorney Grogins stated he believes this is a good agreement. Selectman Rosenthal stated he
has attended many meetings and it appears all the issues have been addressed. Selectman Rosenthal moved to approve the Town of Newtown First Light agreement. Selectman Mangiafico seconded. All in favor.
2. Driveway Bond Releases/Extensions:
Selectman Rosenthal moved to approve the six month extension for the driveway bond for Merita & Sedali Sedaliu, 8 Tilson Lane, M38, B9, L49. Selectman Mangiafico seconded. All in favor.
2. February Tax Refunds No. 12: Selectman Rosenthal moved the February Tax Refunds No. 12 in the amount of $13,839.59. Selectman Mangiafico seconded. All in favor.
4. Appointments/Reappointments: Selectman Mangiafico moved to authorize the First Selectman to appoint Mary Liscinsky, 58 Eden Hill Rd. as an alternate to the Planning & Zoning Commission and to reappoint Ross Carley, 66 Currituck Rd. to the Lake Lillinonah Authority. Selectman Rosenthal seconded. All in favor. Selectman Rosenthal pointed out that the Planning and Zoning term has been vacant since the last election. An unexpired term can only be held until the next Election Day.
5. McLendon – transfer of property: Attorney Grogins reported that the Town was working on obtaining property from a gentleman who lives in England who has since passed away. An estate needs to be established by the town solely for the purposes of transferring the property. The approximate cost of opening an estate is $1,000-$1,500. The taxes will be forgiven in exchange for the property. Selectman Mangiafico moved to authorize the Town Attorney to take necessary actions to set up an estate to accept the transfer of the McLendon property to the Town of Newtown and fund the necessary activity up to $2,500. Selectman Rosenthal seconded. All in favor.
Selectman Rosenthal requested copies of a Connecticut Conferences of Municipalities memo regarding what the towns get for their dues be sent to the members of the Legislative Council and the Board of Finance.
First Selectman Borst moved to enter executive session. Invited to attend were Fran Pennarola and Fred Hurley and David Grogins. Seconded by Selectman Rosenthal. All in favor. Executive session was entered at 9:23 p.m. and returned to regular session at 9:50 with no motion taken.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 9:51 p.m.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Att. A: 11/22/08 letter. From Selectman Mangiafico
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