THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, June 15, 2009 in the meeting room at the C.H. Booth Library, Main Street, Newtown, CT.
CALL TO ORDER: First Selectman Borst called the regular 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, Land Use Director George Benson, Deputy Land Use Director Rob Sibley, eight members of the public and one member of the press.
VOTER COMMENTS: Ruby Johnson, 16 Chestnut Hill Rd., Sandy Hook would like a Capital Improvement Plan based on a long term strategic plan or the thirty year Planimetric report. She compared Newtown to Trumbull (Att. A). Ms. Johnson asked if O&G knew the history of Bridgeport Hall, why didn’t they know about the water? She would like the change orders for Bridgeport Hall made public. The town should know the cost of abatement and renovations for the duplex that Kevin’s Community Center is interested in. She spoke of false hope of economic development.
Bob Merola, 22 Ashford Lane, Newtown spoke of the Planimetric report saying you have to look at the assumptions and the actuals. If the assumptions are not valid the conclusions may not be valid. New home construction is down, student population is down. You cannot assume a new high school will be needed in thirty years based on the Planimetrics report. The largest growing demographics in town are seniors.
Pat Llodra, 90 Riverside Road, Sandy Hook stated the Planimetrics study was the initiative of the Board of Selectmen and does not challenge the assumptions used to draw conclusions because at the time the assumptions were valid. It is worthwhile going back to the report to consider, given new conditions, what is the town going to look like in build out conditions. It is important to update the information.
Elizabeth Lincoln, 34 Echo Valley Road, Newtown attended the CT Siting Council meeting and said that Woodbury and Washington CT are also having issues with towers. She thinks there needs to be a community organization to put pressure on the Siting Council. AT&T and communications are abusing the land. There should be a cease and desist. There are enough rights of way, it is not fair to infringe on neighborhoods. The federal government is not working in the best interest of the people.
Selectman Rosenthal noted that the concern needs to be directed to the State Legislature because the Siting Council was created by the state.
First Selectman Borst reported that a VRAD box has been placed in front of the AT&T building. The box across from the Middle School is still there.
Ann Marie Mitchell, 17 Butterfield Road announced that the Hawleyville Environmental Advocacy Team (HEAT) has a website available to the public: www.dontwastehawleyville.com.
Selectman Borst announced the state and town has the opportunity to contest the Housatonic Railroad bid to expand.
An employee of AWD came into the First Selectman’s office to say they will be doing something about the many dumpsters that are on their property.
ACCEPTANCE OF MINUTES: Selectman Rosenthal moved to accept the minutes of 06/01/09. Selectman Mangiafico seconded. All in favor.
COMMUNICATIONS:
1. CIP calendar: First Selectman Borst presented the CIP calendar to the Board. (Att. B). The department heads will need to get their schedules in by July 19th.
2. Police Union: The Police Union has covered Office Seabrook's pension contributions for the time he was serving with the military in Iraq.
3. Tick Borne Disease Action Committee: There are now 30 names on the list. It was agreed by the Selectman that the committee should be made up of residents of Newtown. The committee can invite people from other towns to come to talk about the issues.
4. Batchelder: As of 2/17/08 the balance owed on the loan is $54,860. The DECD is sitting on a request to forgive the loan. Selectman Rosenthal stated that the State Legislature passed an act to forgive all SCRIF loans.
5. Tech Park: The Office of Policy Management has sent a letter approving the request to move the $500,000 grant from the Tech Park to Fairfield Hills to be applied to utility installation, tunnel removal, parking lot installations and streetscape improvements. $250,000 has already been spent on the Tech Park, the balance will be transferred to Fairfield Hills.
6. Vendor Permits: First Selectman Borst asked the advice of the Selectman on the matter of a request for a vendor permit. An electrical company wants approval to go door-to-door with the offer to change the batteries in residents smoke detectors free of charge. First Selectman Borst is not comfortable with this; Selectman Rosenthal stated there is a statute that allows this and the permits are in the First Selectman’s office.
Mr. Borst announced the Edmond Town Hall Board of Managers has invited the Selectmen to a meeting scheduled for June 30th to discuss practical issues that need to be addressed relative to the town offices moving from the Edmond Town Hall.
7. Siting Council: The CT Siting Council sent a letter to the First Selectman stating the Council will “carefully consider all the facts of the record…the applicant, parties and intervenors in the proceeding; and members of the public who submit written statements to the Council.”
OLD BUSINESS:
Discussion and possible action
1. Sidewalk Proposal, I84 Exit 11 and Route 34: Mr. Bolmer said the State wants to know if the town is still interested in the sidewalk system from the high school to Toddy Hill Road, approximately 1700 feet. The town would be responsible for 20% of the cost. Selectman Rosenthal suggested contacting the Board of Education or the High School administration to see if this is something they would support. He believes it would improve the safety of the students. The care of the sidewalks depends on the ordinance. The Board of Selectmen is unanimously formally interested in this proposal.
Items added to agenda: Selectman Rosenthal moved to add the following items to the agenda: Recreational Trails Grant; discussion on the Housatonic Railroad; Public Works Drill Press. Selectman Mangiafico seconded. All in favor.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Release/Extension: Selectman Rosenthal moved to extend the driveway bond for Square D Custom Homes, 25 Hoseye Coach Road, M13, B1,
L1.05, the bond will now come due on November 30, 2009. First Selectman Borst seconded. All in favor. First Selectman Borst moved the driveway bond release
for Porco Construction, Sugar Loaf Road, M45, B3, L14 in the amount of $2,000.
Selectman Rosenthal seconded. All in favor. Selectman Mangiafico moved the
driveway bond release for Margaret Pearson, Elm Drive, M30, B9, L29 in the
amount of $1,000. Selectman Rosenthal seconded for discussion. Mrs. Pearson
explained that she didn't realize she could request an extension and stated she
never received the letter saying the driveway bond had expired. Mr. Bolmer
reported the driveway apron has been complete for some time and recommended release. All in favor.
2. Recreational Trails Grant: Selectman Rosenthal resolved that the First
Selectman is empowered and authorized to execute and deliver in the name and
on behalf of this Town of Newtown a certain contract with the State of
Connecticut, Department of Environmental Protection for a grant with the
Recreational Trails Grant Program to install trails at Fairfield Hills. Selectman
Mangiafico seconded. All in favor.
3. Drill Press: Mr. Hurley reported that John Golden is donating a drill press that
has been completely overhauled and is virtually brand new. This will replace a
drill press that was removed from the budget last year. First Selectman Borst
moved authorization to write a letter of thanks and appreciation to Mr. Golden to
formally accept the gift of a drill press. Selectman Rosenthal seconded. All in
favor.
Mr. Hurley reported that under the stimulus package the town is in the process of receiving $103,000 in block grant monies for energy conservation. The idea is to beef up the community energy fund project at the Reed Intermediate School. The Clean Energy Task Force has not made a recommendation yet.
4. Appointments/Reappointments: none
5. Newtown Youth Academy Refinance: First Selectman Borst read a resolution
(Att. C) regarding the Newtown Youth Academy refinance. Selectman Rosenthal moved the resolution. First Selectman Borst seconded. Selectman Rosenthal stated the Town Attorney, at a prior meeting, recommended the Board not modify the lease, the provision will still be in the lease, the enforcement of it will be waived. Selectman Rosenthal noted that this waiver has nothing to do with parking or Greenwich Hall; it is Mr. D'Amico refinancing money he has already put into the building. Selectman Mangiafico pointed out the town is not at risk and this refinance is guaranteed by the Department of Agriculture. All in favor.
6. Pension: First Selectman Borst read two letters, one from Tom Murtha of the Pension Committee stating the pension committee does not think an additional contribution to the pension trust fund is required at this time. The second letter was from John Kortze of the Board of Finance which included a list of questions on the pension. Selectman Rosenthal stated that during the budget process he did not want to reduce other line items that had already been reduced to make an additional contribution of $250,000 to the pension plan effective July 1st. If there was urgency it could be done by a special appropriation. He felt there was no evidence from the pension committee or the actuary that there needed to be an additional contribution. Selectman
Mangiafico agreed. Selectman Rosenthal said the pension value has come back significantly, increasing almost $3,000,000 since the end of March. Selectman Mangiafico stated after the budget deliberations there was a meeting with the pension committee, the actuary and some Board of Finance members where there was comprehensive discussion on the pension. He feels our investment advisors have a remarkable track record, beating almost every market index significantly. He would like to receive a comprehensive, full blown white paper, from the investment experts, within the next three of four months, showing where we stand with all the assumptions, the distribution levels, what the fund levels are and if there are any recommendations to change them. Selectman Rosenthal addressed the questions saying some answers to the questions are in the Comprehensive Annual Financial Report (audit report), such as the question on the annual fees. The investment
consultants are paid on a fee only basis, no commission and the fees are 54 basis points, slightly higher than ½ percent. The amount of the fees are listed in the audit report. He addressed a question about “conflict checks”, not understanding the question. The Code of Ethics places the responsibility for avoiding conflicts of interest, or the appearance thereof, on the elected or appointed official. He stated he has had a long standing relationship with Westport Resources, which is known to the pension committee, the Board of Finance and the prior Board of Selectmen. Selectman Rosenthal stated he has never participated in the hiring of Westport Resources; he is not an employee and does not participate in their profits, nor has he received any compensation of any kind for the Town of Newtown account, but has recommended them to companies, municipalities and individuals. He is compensated if the recommended party does
business with Westport Resources. This is public record on file in the Town Clerks Office. He is not aware of anyone from the pension committee that has a relationship with Westport Resources or TR Paul. Selectman Rosenthal’s relationship is only on accounts he brings to them, not to accounts they have obtained on their own. Selectman Mangiafico commented that if anybody thinks there is a conflict of interest they should speak up.
7. Transfers: Selectman Rosenthal approved the transfers of:
$10,000 from Payroll, 01500-1003 to Regular Overtime, 01500-1004
$1,000 from TS Contractual, 01515-4025 to TS Overtime, 01515-1003
$4,000 from Line Painting, 01500-5080 to Street Electric, 01500-2018
$3,300 from Capital Equipment, 01500-5080 to Repairs, 01500-3050
Selectman Mangiafico seconded. All in favor.
Mr. Hurley explained that a few years ago the town decided not to contract out
the street sweeping, because the contractor doubled in price. The public works employees do this job during regular hours in addition to overtime. There is a reduction in cost of $35,000-$40,000 in having the public works employees sweep the streets.
Selectman Mangiafico moved to add the below transfer to the agenda:
$1,000 from Civilian Personnel, 01310-1006 to Sworn Personnel, 01310-1003
$7,000 from PD Overtime Grant, 01310-1008 to Sworn Personnel, 01310-1003
Selectman Rosenthal seconded. All in favor.
First Selectman Borst moved the above transfers. Selectman Mangiafico
seconded. All in favor.
Executive Session: Selectman Rosenthal moved to enter executive session for purpose of property foreclosure, lawsuits and open space. Invited to attend were Fred Hurley, George Benson and Rob Sibley. Executive Session was entered into at 9:40pm and returned to regular session at 10:30pm with the following motions:
Selectman Rosenthal moved that the Board of Selectmen authorize the Water and Sewer Authority to appeal the Superior Court decision in the Dauti appeal of their action. The cost of the appeal to be paid by the Water and Sewer Authority. Seconded by Selectman Mangiafico. All in favor.
Selectman Rosenthal moved that the Board of Selectmen authorize the Town to initiate an appeal of the Superior Court decision in the Dauti appeal of the Planning & Zoning Commission denial of their application. Seconded by Selectman Mangiafico. All in favor.
Selectman Rosenthal moved the First Selectman authorize the Town Attorney to defend the Town in the foreclosure procedure brought by the Newtown Savings Bank against Jude & Rebecca Tallman. Seconded by Selectman Mangiafico. All in favor.
Selectman Rosenthal moved to approve the purchase of the Darby-Chisel-Brockway Property 09-03 at Wilderness West Road (7.98) acres, as open space for the Town at a cost of $50,000 and closing costs. Seconded by Selectman Mangiafico. All in favor.
No action was taken on Housatonic Railroad.
ANNOUNCEMENTS: none
ADJOURNMENT:
Having no further business, the Board of Selectman adjourned their regular meeting at
10:33 p.m.
Respectfully Submitted,
________________________
Susan Marcinek, Clerk
Att. A: R. Johnson hand out
Att. B: CIP calendar
Att. C: Newtown Youth Academy resolution
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