THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, April 6, 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, Town Attorney David Grogins, approximately fifty members of the public, three members of the press and one member of the news.
VOTER COMMENTS:
Gene Rosen, 22 Riverside Road, Sandy Hook spoke in defense of Carolee Mason. He photographs the dogs and the cats for the Newtown Bee and watched Carolee week after week for the last two or three years. If the Town loses Carolee it will be a big loss.
Mildred Hawks is Carolee Mason's mother and has lived in Newtown for over thirty years. She stated that the town waited until Carolee went on vacation and came home to the end of her job. Mrs. Hawks told a story of a disoriented sheep. Carolee cared for the sheep because the owner didn't want it. She found a home for the sheep but first paid for a veterinarian to check the sheep before giving it to the new owner.
Karin Aurelia, Castle Hill Road, Newtown spoke on behalf of the door openers for the Senior Center. She stated the Senior Center is in dire need of the door openers. There are two doors at the Senior Center, neither one can be opened unless you are upright. This needs to be done as soon as possible.
Lori McLoughlin, The Boulevard, Newtown stated she adopted a dog and doesn't know what she would've done without Carolee Mason. She is a wonderful lady, one of the kindest people she's ever met.
Carlen Sturmer, 22 Old Green Road, Sandy Hook voiced concerns and questions about Carolee: why was Carolee Mason fired? Why was she not confronted with specific complaints about her job performance when she was put on administrative leave and given an opportunity to address and resolve them? Whose input was used to determine that Carolee had failed to perform her duties? Why would one organization have undo influence on a personnel matter? Why not go back to the days of a narrow definition of animal control, responding to wildlife calls with a shot gun? Who should be defining the mission of the animal control agency? There are three non profit animal welfare groups in Newtown, two deal with cats and dogs. The Animal Center and Spay and Neuter of Newtown are the two groups that step up
and help Carolee with the cats that she rescues. The other group is focused on dogs. There is not a homeless dog problem in Newtown but a real need to address homeless cats. By a show of hands there were approximately 40 people in support of Carolee Mason.
Sherry Paisley, 38 Walnut Tree Hill Rd., Sandy Hook supports Carolee Mason saying she has has dealt with Carolee with stray dogs and through her work with Yankee Golden Retriever Rescue. Mrs. Mason’s personality is perfect for the job making her able to deal equally with people and animals and is dedicated to doing so. She has been the best animal control officer Newtown has ever had and one of the best in the region. She respectfully requested the issue of her removal be revisited by the Selectmen.
Marion Thompson, 13 Chimney Swift Drive, Newtown is the president of Spay and Neuter and wished to reiterate what had been said. Spay and Neuter has had the same dealings with Carolee and she has been wonderful.
Mary Wilson, 12 Whippoorwill Hill, Newtown is a volunteer at the pound for nine years and has seen a number of animal control officers and believes Carolee is the best. The town can't afford to lose her. She has a gift for calming down stressed animals so they can get adopted appropriately. She hopes the town could accommodate Carolee by providing training or shifting responsibilities.
Monica Roberto, 69 Aunt Park Lane, Newtown spoke on behalf of the Animal Center stating under Carolees leadership hundreds of homeless dogs and cats have been helped and the community has become a safer place. Carolee has been a tireless and effective steward of the abandoned dogs and cats. The Animal Center is appreciative of the efforts Carolee took to find a place for cats at the pound and the work with various groups to help save as many homeless animals as possible. She respectfully requested the town reconsider the decision to terminate Mrs. Mason.
Amy Sullivan, 11 Cider Mill Road, Newtown spoke as a member of the Canine Advocates and expressed her deep sadness at the termination of Carolee Mason. Carolee has been a valuable asset to the animals in the pound as well as in the community. Her compassion for all creatures is inspiring. She has been committed and dedicated and did her job with integrity, passion and devotion. She was the heartbeat of the pound, a person with genuine good intentions. She went above and beyond her job description in supporting adoptions. She is a role model for the community. The town and the animals are losing an angel.
Barbara O'Connor, 36 Little Brook Lane, Newtown stated that she once had an opossum in her house in between the walls and ceilings. She set a Have a Heart trap, caught it and called Carolee. She was most cooperative and helpful with the situation. She doesn't only help dogs and cats.
Anthony Mason, 50 Deep Brook Road, Newtown spoke on behalf of his mother, Carolee Mason. Carolee loves her job and the animals. The whole family feels this loss. Carolee never gave up on the animals; she was always there and always fought. Supporters of Carolee will be setting up a website where the reasons for the firing will be posted.
Mary Liscinsky, 58 Eden Hill Road, Newtown is concerned with a recent Planning and Zoning decision regarding the Vona subdivision. She is concerned with where the town is going as far as connecting roads and utilizing property. All departments were in favor of a road going through; the Planning and Zoning was not in favor and instead deeded an access to the town for a future potential road, shifting the responsibility to the town. The town is better off with thru road. Ms. Liscinsky asked the Selectmen to support the departments and appeal the Planning and Zoning decision.
Donna DeLuca, Elm Drive, Newtown has known Carolee as an animal control officer and friend for twenty five years. Carolee has brought a care, a compassion, passion, love and enthusiasm to all of her job. She marvels at what Carolee has done both personally and professionally. She hopes the town will revisit the decision.
Selectman Mangiafico inquired about the process Carolee would have to follow to appeal for her job. First Selectman Borst stated that Carolee Mason has until April 15, 2009 to file a written appeal for her job. A Board of Selectmen hearing would then be held.
ACCEPTANCE OF MINUTES: Selectman Mangiafico moved to accept the minutes of 03/16/09 and 03/26/09. Selectman Rosenthal seconded. First Selectman Borst noted the minutes of 03/16/09 stated Selectman Rosenthal both moved and seconded the acceptance of the minutes of 02/17/09. Selectman Mangiafico seconded the acceptance of the minutes of 02/17/09. The acceptance of the amended minutes of 3/16/09 and the minutes of 3/26/09 were unanimously carried.
First Selectman Borst noted a resident that was reported as speaking during the Board of Selectman meeting of 06/02/08 said that he was not in attendance and he did not speak. Garen Khazadian of 14 Little Brook Lane, Newtown, would like the record to reflect he was not at the meeting of 06/02/08.
COMMUNICATIONS – SELECTMAN, ETC.
First Selectman Borst reported that Marilyn Place, the Director of the Senior Center would like to fill the position left vacant when the Assistant Director left to take a position in another town.
He also reported that house and property at 27 Church Hill Road is for sale. The First Selectman notified the Board of Education and this item will be discussed at their next meeting.
First Selectman Borst noted he received an email from the First Selectman of Town of Redding saying they will continue their four day work week energy conservation hours for the next fiscal year. There was a significant savings in kilowatt consumption.
First Selectman Borst reported that he received a letter from the State of Connecticut regarding the I-84 exit 11 ramp, asking if the town was interested in a sidewalk system from the high school to Toddy Hill Road. The town would be required to pay for a portion of the sidewalks. Selectman Rosenthal stated this was discussed in the past and believes it should be pursued.
First Selectman Borst reported that the Town will receive $634,000 in stimulus money to be used on Castle Hill, Castle Meadow and Queen Street. Mr. Hurley explained this is a reimbursement grant meaning the town performs the work and gets reimbursed by the State. Mr. Hurley anticipates receiving sign off by early summer. Selectman Rosenthal advised Mr. Hurley to communicate with United Water before the work is started on Queen Street because United Water has cut up Queen Street in the past after the town has paved it. Selectman Mangiafico agreed Mr. Hurley should ask for confirmation from the water or utility companies.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Fairfield Hills Update: Fred Hurley reported the main entrance has been reopened. There are two more major tunnel crossings to finish that should be done in next couple of weeks. The final tunnel work is near the main entrance of the Youth Academy. Within the next several weeks the east end of Greenwich Hall should be down and that would allow that main entrance to be opened without hindering access to the Youth Academy. The gas work can start in a couple of weeks but cannot be completed until the last tunnel is out. The Youth Academy has enough water pressure for the normal use of water. It is a gravity fed system, not a pressure based system. Mr. Hurley spoke about diesel pumps saying the diesel pump is
a motor pump; the diesel electric pump is a motor generator pump that is more expensive and requires additional engineering. Neither pump can run off natural gas. Full paving will not be done until the heavy construction and utilities are complete.
2. Grant Update: Director of Economic Development explained that a letter will need to be sent to the state to extend the $500,000 grant for the Tech Park. First Selectman Borst reported a $50,000 grant has been awarded to the Land Use Agency for Newtown IHZ Delineation and Regulation Preparation. (Att. A)
3. Army: First Selectman read a letter sent to Col. Keith Landry, District Commander, and U.S. Army on 3/30/09 reconfirming the non availability of Fairfield Hills property and the Tech Park property. (Att. B).
NEW BUSINESS:
Discussion and possible action:
7. EDC – Current status of Tech Park: Economic Development Commission Chair Bob Rau explained that a six lot plan would not support the infrastructure plan. The Philosophy of Responsible Growth states the number one priority for growth in the state shall be the redevelopment of existing infrastructure and not the use of agricultural space. It is the opinion of the Town
Attorney that the parcel can not be used for a road unless the State of Connecticut consents. The Conservation Commission and the Planning and Zoning approved the plan for a condominium style development that has a driveway going into the development rather than a roadway. The State needs to be notified so the EDC can apply for an extension. Selectman Mangiafico is happy the EDC and the Conservation Commission have settled this and is in favor of the proposal. Selectman Rosenthal is in favor of the proposal. First Selectman Borst moved to approve the Newtown Technology Park display #5, Commerce Road, Newtown CT. Motion carried unanimously. (Att. C).
First Selectman Borst moved to add to the agenda: to set the time of the
- Annual referendum. Seconded by Selectman Rosenthal. All in favor.
Time of Annual Referendum: Selectman Rosenthal moved to authorize the Town Clerk to post the appropriate notice for the annual budget referendum, Tuesday, April 28, 6 a.m. to 8 p.m. at the Newtown Middle School. Selectman Mangiafico seconded. All in favor.
1. Resolution for authority for Michaud property swap: Town Attorney Dave Grogins explained that in August of 2008 it was determined that a portion of the towns road was determined to be on the property owned by the Michaud’s. Mr. Grogins asked the Board to authorize the settlement by virtue of a property swap. The town will give the Michaud the sliver of land in front of their house and they will give the town the land where the road way is. First Selectman Borst authorized the land swap between the Town of Newtown and Mark R. & Katherine B. Michaud at 78 Narragansett Trail and Chipmunk Trail, map dated September 10, 2008. Selectman Mangiafico seconded. All in favor.
2. Appointments/Reappointments: -Selectman Rosenthal moved to authorize the First Selectman to appoint the following: Edward Bryan, 89 Riverside Rd, Sandy Hook to the Inland Wetland Commission for a term to end 01/07/13, Kathleen Furey, 1 Winding Brook Road, Newtown to the Fairfield Hills Authority to fill a vacant term to end 08/01/09 and Anna Wiedemann, 13 Clearview Drive, Sandy Hook to the Commission on Aging for a term to end 01/06/11. Selectman Mangiafico seconded. All in favor.
3. Driveway Bonds (Releases/Extensions): Selectman Rosenthal moved to authorize the six month extension for R. Mathison driveway bond, 3 Southbrook Drive, Map 30, Block 10, Lot 48.3. Selectman Mangiafico seconded. All in favor.
4. Dog Pound request for money for design: Director of Public Works, Fred Hurley explained he wanted the Board to know the town is now at the point where monies need to be expended for the technical and design work. Selectman Rosenthal moved to authorize the Public Works Director to spend up to $25,000 for the purpose of delineating the property and for what needs to be done to move the project along. Selectman Mangiafico seconded. All in favor.
5. Request for LoCIP funds: First Selectman Borst explained this request was to go to the Board of Finance to ask them to revise the CIP to call out a request for $10,650 for three door openers at the Edmond Town Hall and two door openers at the Senior Center. Selectman Rosenthal questioned the need to go to the Board of Finance saying these items are below the thresh hold of the CIP and also stating the First Selectman has to sign a LoCIP sheet certifying that the project is consistent with the towns capitol improvement plan.
6. Mary Hawley Society request for LoCIP funds: First Selectman Borst explained that $20,000 was needed to refurbish the floors in the Alexandria Room as well as updating the electric in the room. This project was included in the above conversation about the First Selectman signing off on the project being consistent with the capitol improvement plan. Finance Director Bob Tait will check with LoCIP.
8. Transfer from 01260 2002 Elected Officials to 01260 2011, $2,488: This item did not need to be on the agenda as it is an interdepartmental transfer.
9. AT&T request for Riverside Road (and Walnut Tree Hill Rd.) VRAD Box: The Board of Selectmen agree that no further boxes will be approved until the Queen Street VRAD box is moved. Town Attorney David Grogins has had contact with an AT&T attorney who believes the newly requested boxes should be addressed separately on their own merits. AT&T will go to the DPUC for resolution of the Queen Street VRAD box. Selectman Mangiafico suggested First Selectman Borst send a letter to somebody higher up in AT&T to try to get this resolved. Mr. George Ferguson suggested the town notify the DPUC also.
10. Permission for Lake Lillinonah Authority to place navigational buoys: Selectman Rosenthal moved to authorize the First Selectman to write a letter "On behalf of the Town of Newtown, I authorize Lake Lillinonah Authority to be empowered to approve and disapprove permits pertaining to the placement of navigational buoys." Selectman Mangiafico seconded. All in favor.
11. Possible Executive Session: Selectman Rosenthal moved to enter into executive session to discuss potential matters of litigation. Invited to attend were Public Works Director Fred Hurley and Town Attorney David Grogins. Executive session was entered into at 9:13 p.m. and returned to regular session at 9:35 p.m. with the following motions:
Selectman Rosenthal authorized the First Selectman to authorize the Town Attorney to file appearance and represent the Town in the matter of Town of Newtown adv. McKenzie, Malcolm. Selectman Mangiafico seconded. Motion unanimously carried.
Selectman Rosenthal authorized the First Selectman to authorize the Town Attorney to defend the Town of Newtown in the matter of Hattertown, LLC vs. Inland Wetlands Commission of the Town of Newtown and the Commissioner of Environmental Protection. Selectman Mangiafico seconded. Motion unanimously carried.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 9:40 p.m.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Att. A: Grant Update
Att. B: 3/30/09 letter to Army
Att. C: EDC memo
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