THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, May 18, 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 to discuss a line of sight condition at 198-206 Hattertown Road. First Selectman Borst and Selectman Mangiafico were present. Invited to attend were Attorney David Grogins, Michael Galante of Frederick P. Clarke and Town Engineer Ron Bolmer. Selectman Rosenthal entered meeting at 7:28 p.m. The meeting returned to regular session at 7:36 p.m. with no action taken.
CALL TO ORDER: First Selectman Borst called the regular meeting to order at 7:40 p.m.
PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Selectman Herbert Rosenthal.
ALSO PRESENT: Finance Director Robert Tait, Town Engineer Ron Bolmer, Town Attorney David Grogins, ten members of the public and one member of the press.
VOTER COMMENTS: Ruby Johnson, 16 Chestnut Hill Rd., Sandy Hook, supplied a hand out for the board that showed four ways for different people to work together. (Att. A) Ms. Johnson plans to ask the Selectmen, at the next open communication meeting, what is it that makes them feel they can spend the money that is appropriated the way they want to. In appointing and reappointing, are the Selectmen creating a situation where you can work on common ground? Ms. Johnson hopes the whole story is told about the Glen Holding Mountain Company.
Selectman Rosenthal explained the original resolution to purchase Fairfield Hills, in June of 2001, indicated that the appropriation of $21,000,000 included building up to seven playing fields, demolishing buildings and renovating a building for town and school offices. The estimate to renovate a building in 2001 was $6,000,000 in hard construction costs. There was also money in the $21,000,000 for fees for architects and construction managers. These were estimates in 2001; the cost in 2009 is higher than in 2001. We were never limited in spending anything within the $21,000,000 except for two things: we were limited spending no more than $1,000,000 in the Edmond Town Hall and spending no more than $600,000 on construction of ball fields at Newtown High School and limited on spending no more than $1,400,000 in
total for playing fields at Fairfield Hills. The resolution also stated if we were going to exceed any of those amounts we could do it with a 2/3 vote of the Council and a 2/3 vote of the Board of Selectman. $800,000 was spent on ball fields at Newtown High School; this was done with a 2/3 vote of the Council and a 2/3 vote of the Selectmen. Let’s be clear on what the voters approved in 2001.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the minutes of 05/04/09. Selectman Mangiafico seconded. All in favor.
COMMUNICATIONS: Hawleyville Transfer Station: Selectman Borst reported that the Housatonic Railroad wants to enlarge their transfer station to handle construction and demolition waste in Hawleyville. They are anticipating about 2,000 tons and 80 trucks a day. The Land Use Director and Deputy, along with an attorney from Cohen & Wolf, attended a meeting on May 15 with Calin Tanovici, CTDEP. (Att. B). First Selectman Borst insists that a public meeting be held in Newtown. The Railroad is under the regulation of the Federal government. Selectman Borst will push for the road between the old post office and the lumber yard to be paved. Selectman Rosenthal stated he is disappointed at how Housatonic Railroad has conducted their business in recent years. First Selectman Borst read a
letter from Housatonic Railroad regarding the notice of permit application. (Att. C). Selectman Mangiafico noted the permit states the “proposed activity could potentially affect: wetlands, watercourse, ground waters, air or land.” He also said he was confused that Housatonic Railroad, in the executive summary, is seeking a volume reduction permit. Officially, the town has not responded to this. Selectman Rosenthal said the railroads do not have to obey land use regulations. First Selectman Borst will confer with George Benson.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bonds: Selectman Rosenthal moved the extension of two drive way bonds:
Academy Design & Construction, 61 Butterfield Rd., M25, B1, L22 and S.J. Greenwood, 15 Hemlock Rd., M36, B11, L42 and one drive way bond release in the amount of $1,000 to Charter Residential Development, Meridian Ridge Dr., M2, B9, L1.08. Selectman Mangiafico seconded. All in favor.
2. Clean Energy Task Force (Ad Hoc to Commission): Dan Holmes of the Clean Energy Task Force stated that the Ad Hoc task force has reached many of the goals they set out to achieve. He requested that the Ad Hoc become a full fledge commission to help the town seek further energy conservation, alternative energy installations and broaden the scope to bring in other knowledgeable people. Ted Kreinik spoke about the proposed organizational structure for Sustainable Energy Commission (Att. D). Mr. Kreinik researched, online, town by town, the different committees related to Clean Energy, sponsored by the towns. Selectman Rosenthal favors this idea considering what is going on around the country with energy and the costs associated with municipal budgets. Selectman
Mangiafico stated the energy presentation made to the Board of Selectmen was great and encouraged the task force to take their presentation to the Legislative Council. Selectman Rosenthal moved to recommend to the Legislative Council the creation of the Sustainable Energy Commission as proposed by the Ad Hoc Clean Energy Task Force (with the understanding the Energy Task Force will present to the Legislative Council). Selectman Mangiafico seconded. All in favor.
3. Town Hall Board of Managers request for change of trustee: Selectman Rosenthal agrees with the change but questioned whether or not the Board of Managers has the authority to change the trust saying it appears the Board of Managers already made the change. Attorney Grogins said the Board of Selectmen has the authority to change it. Selectman Mangiafico moved to initiate the change of trustee for the Board of Managers. Selectman Rosenthal seconded. All in favor. Selectman Rosenthal asked Attorney Grogins about the trust saying it states the existing Edmond Town Hall building needs to continue in the purpose for which it was originally constructed. This is open to interpretation. Would it be appropriate, before a new trustee takes over, to
ask what their legal interpretation of the trust? Attorney Grogins replied he didn’t think that needed to be done saying that the trust is for the towns benefit. We would have to go to the probate court to request an opinion.
4. Road Work Acceptance: Selectman Mangiafico moved the road work acceptance , road & drainage work agreement, Castle Meadow Road, Samuel Newman Subdivision and the bond reduction from $65,000 to $13,000. Selectman Rosenthal seconded. All in favor.
5. Appointments/Reappointments: Selectman Rosenthal moved the First Selectman to appoint Mary K. Kelley (D), 21 Bridge End Farm Lane to the Library Board of Trustees for a term to end on July 1, 2010. Seconded by Selectman Mangiafico. All in favor.
6. Glen Mountain Holding request for extension: Attorney Fran Pennarola explained that the company has a financial commitment from Newtown Savings Bank that will allow it to go forward with the project. There are some contingencies: the property is currently being appraised for an as completed structure. An evaluation of the tenant’s business model is also being done. Lastly, the appraisal and the business evaluation need to get shipped to the United States Department of Agriculture because they have offered to be a guarantor of the loan, fulfilling the same role as the Unites States small business administration. The business qualifies because Newtown is small and rural enough to be eligible for the industrial and commercial program. The process
will likely take four weeks. He is asking for an extension for the mortgage contingency until July 31st. The tenant is anxious to close and would like to start asbestos remediation. Selectman Mangiafico said the delays are being viewed by people as something being wrong and suggested an extension to August 31st to avoid another extension. Attorney Pennarola believes if an extension is granted for August 31st they would close before the contingency expired. Bob Geckle said that the Fairfield Hills Authority supports the request for an extension. First Selectman Borst moved to approve the request made by Glen Mountain Holding, LLC to extend the financing contingency, as contained in the lease, to August 31, 2009. Selectman Mangiafico seconded. All in favor.
7. Tax Refunds: Selectman Rosenthal moved the May 2009 Tax Refunds No. 15 in the amount of $15,150.66. Selectman Mangiafico seconded. All in favor.
Selectman Rosenthal moved to add Olmstead Water Supply Agreement to the agenda. Selectman Mangiafico seconded. All in favor.
8. Olmstead Water: Attorney Grogins explained under the agreement, Olmstead has agreed to reimburse the town for out of pocket expenses and pay all the delinquent taxes on the property. Attorney Grogins is requesting authorization to foreclose on the roads and acquire the property and transfer the parcel where the wells are located to Olmstead. Selectman Rosenthal moved to authorize the First Selectman, through the Town Attorney, to act on the foreclosure of the mentioned property and enter into an agreement with Olmstead Water Company. Selectman Mangiafico seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at
9:00 p.m.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Att. A: Ruby Johnson hand out
Att. B: G. Benson ltr. Re: Housatonic RR
Att. C: Housatonic RR ltr. & notice of permit application
Att. D: Sustainable Energy Commission proposed organizational structure
| 
