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Minutes 4-20-09

THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN

The Board of Selectmen held a regular meeting on Monday, April 20, 2009 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT.  First Selectman Borst called the meeting to order at 7:35 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 Engineer Ron Bolmer, Town Attorney David Grogins, Superintendent of Schools Dr. Janet Robinson, Board of Education member Kathryn Fetchick, six members of the public and one member of the press.

VOTER COMMENTS:  
David Shugarts, 19 Wendover Road, Newtown stated it has been six months since the Board first heard about a plan to form an “Action Committee for Tick Borne Disease Prevention & Deer Population” and no committee has been named.  Mr. Shugarts noted that he has been researching the topic and studying non-lethal deer control notions as well as various types of lethal control.  He spoke about deer overpopulation and cases of Lyme Disease as well as deer population density.  (Att. A).
Wendy Olson, 9 Winter Ridge Road, Sandy Hook spoke on behalf of herself and the eight member Hawley PTA Executive Board in support of the purchase of the property adjacent to Hawley School, 27 Church Hill Road.  It would provide for the redesign of the driveway providing a safer exit and entrance to the school, additional parking for visitors and provide for space for future expansion possibly with a first floor cafeteria with handicap access.
Mary Liscinsky, 58 Eden Hill Road, Newtown spoke in support of the town departments due diligence in regards to town planning and encouraged the Board to support them too.
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ACCEPTANCE OF MINUTES:   Selectman Rosenthal moved to accept the minutes of 04/06/09.  Selectman Mangiafico seconded. All in favor.

     
COMMUNICATIONS – SELECTMAN, ETC.
1.  Fairfield Hills Update:  Fred Hurley reported asbestos was found in water pipes and in the green area between Woodbury Hall and Newtown Hall that is   being abated and taken care of.  The easement map has been updated to include the electrical lateral easements into the town hall.  There is another map that anticipates the easements needed for the gas company going into the Youth Academy.  The sidewalk and curb bid is coming in on April 27.  Mr. Hurley explained the water pressure in different buildings saying each building has different pressure requirements.  The highest pressure is at the bottom of Trades Lane, at 67 PSI.  It is cheaper, from an operational standpoint to go with diesel to support the fire pump and a separate emergency generator to support the building.  The pump, with all components and the engineering would be approximately $200,000.

2.  Status of Personnel Hearing Procedure:  First Selectman Borst reported that the hearing is scheduled for May 4, providing all lawyers are in agreement based on their schedules.  The meeting will include the Board of Selectmen, a representative from the Town Attorney office and a court stenographer.  The hearing will be open to the public, as requested by Carolee Mason.  The audience will not speak or comment and must remain quiet as in a court session.  This will be explained prior to the hearing also.  First Selectman Borst will make opening remarks and it will then be turned over to the attorneys.  Attorney Grogins said he believed Fred Dorsey will make the presentation with a Cohen & Wolf attorney will be the advisor to the Board of Selectmen.  

3.  Senior Center:  First Selectman Borst reported that Debbie Mikelic has been hired to fill the Senior Center Assistant position that was left vacant when the previous assistant left to take another job.  



4.  Toddy Hill Sidewalk:  the state has asked if the town is still interested in having a sidewalk on Rte. 34 to Toddy Hill Road when the exit 11 area is reconstructed.  Selectman Rosenthal said that he spoke with the principal of the high school during his administration and asked Dr. Robinson if the Board of Education would be interested.  Dr. Robinson said she would speak with the principal and get back to the Selectmen.  Selectmen Rosenthal said there was an indication that the state or federal government would pay for the portion of sidewalk that is within their design area, town area would be town cost.  Dr. Robinson acknowledged it's a high traffic area and kids do walk.

5.  VRAD Boxes:  First Selectmen Borst reported that AT&T has agreed to move the VRAD box on Queen Street across the street and would like to have the other VRAD box installations approved.  The Selectmen agreed to approve the other boxes once a letter is received from AT&T indicating when the Queen Street box will be moved.

6.  Lyme Disease Task Force:  First Selectmen Borst has made a list of all the people who have expressed an interest in being on the committee.  He will come up with a charge for the task force.  Selectman Mangiafico believes the committee should be nine or eleven members, large enough to cover a cross section of people who have an interest.  All parties will be interviewed.

7.  High School bonding:  The Selectmen approved the high school resolution but not the bonding of the money.  Selectmen Rosenthal stated the Board did not approve the debt and he won't agree until it's appropriate for the project to go forward.  The Public Building & Site Committee has not yet approved the bids.  Attorney Grogins explained there are two phases, the design and the construction, when Morganti presents the certification everyone will be in the position to move forward and the debt can be approved.  It would be appropriate to authorize what is said to be the cost.   Dr.  Robinson reported she would know by tomorrow how much below the $38,000,000 the bids came in at.  Attorney Grogins will get a resolution with the dollar amount.

8.  Pension Committee:  First Selectman Borst reported that the Pension meeting will be held on May 4, 7:00 p.m. in the library.

UNFINISHED BUSINESS:
Discussion and possible action:  none.


NEW BUSINESS:   
Discussion and possible action:

1.   27 Church Hill Road:  First Selectman Borst stated the property needs to be appraised.  Selectman Rosenthal suggested getting an environmental analysis done.  This property is zoned for professional.  First Selectman Borst will find out from the Borough Zoning if a school is permitted in a professional zone.  First Selectman Borst reported he spoke with John Kortze who said there will need to be a special appropriation to accommodate the cost.  Selectman Mangiafico believes this should be pursued and asked what the long term prognosis is for Hawley.  Dr. Robinson stated no other schools have space to add on to absorb Hawley students should it ever close and there are over 400 students.  Ms. Fetchick stated the Planimetrics report doesn't show a lot of growth at Hawley.  Selectman Rosenthal moved to authorize the First Selectman to seek an appraisal and a Phase One environmental study for 27 Church Hill Road.  Seconded by Selectman Mangiafico.  All in favor.

2.      Appointments/Reappointments:  -Selectman Rosenthal moved to authorize the First Selectman to reappoint Peter Samoskevich, 9 Lantern Drive, Newtown, to the Public Building & Site Commission for a term to end 01/06/13.  Selectman Mangiafico seconded.   All in favor.

3.   Driveway Bonds (Release & Extension):  none.

4.   CL&P Easement Fairfield Hills:  Selectman Rosenthal moved to authorize the First Selectman to execute and deliver an easement to include CL&P and Yankee Gas.  Selectman Mangiafico seconded.  All in  favor.

5.   Sidewalk Proposal, South Main Street:  Ron Bolmer reported a sidewalk extended from Glover Avenue to Elizabeth Street would cost approximately $45,000.  Selectman Mangiafico believes this should be passed by.  Selectman Rosenthal would be in favor but only after completing the sidewalks that the town already committed to.

6.   April 2009 Tax Refunds No. 14:  Selectman Mangiafico moved the April 2009 Tax Refunds No. 14 in the amount of $18,108.93.  Selectman Rosenthal seconded.  All in favor.

7.   Executive Session:  Selectman Rosenthal moved to enter executive session to discuss litigation and labor negotiations.  Invited to stay, for the portions pertaining to them were Town Attorney David Grogins, Public Works Director Fred Hurley, Town Engineer Ron Bolmer and Finance Director Bob Tait.  Selectman Mangiafico seconded.  All in favor.  Executive session was entered into at 9:03 p.m and returned to regular session at 10:15 p.m. with the following motions:

Selectman Rosenthal moved to authorize the First Selectman to engage Frederick P. Clarke to review the traffic situation at 198 & 206 Hattertown Road.  Selectman Mangiafico seconded.  All in favor.

Selectman Rosenthal moved to authorize the First Selectman to authorize the Town Attorney to defend the Town in the matter of Mary Liscinsky vs. Planning and Zoning Commission of the Town of Newtown, Nick & Gino Vona Mason Contractors and WF Bros., LLC a/k/a WF, LLC.-  Seconded by Selectman Mangiafico.  Motion unanimously carried.


Selectman Rosenthal authorized the First Selectman Borst to sign the Memorandum of Understanding for the Town of Newtown and Town Hall Employees Union,  the Town of Newtown and the Parks & Recreation Union, the Emergency Telecommunicator and Police Clerical Union and the Town of Newtown and the Public Works Union contracts.  Seconded by First Selectman Borst.  Motion passed 2-1 YES:  Borst, Rosenthal, NO:  Mangiafico.

The Police Union contract was tabled.

ANNOUNCEMENTS:  none

ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at 10:20 p.m.

Respectfully Submitted,                                                         

___________________
Susan Marcinek, Clerk

Att. A:  Dave Shugarts memo