THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, July 6, 2009 at the C.H. Booth Library on Main Street, Newtown. First Selectman Borst called the meeting to order at 7:30pm.
PRESENT: First Selectman Joseph E. 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, Town Attorney David Grogins (8pm), eleven members of the public and two members of the press.
VOTER PARTICIPATION: Barbara O’Connor, 36 Little Brook Lane asked why the street sweepers are working on Saturdays for overtime. Mr. Hurley explained that about three years ago the town switched from contract sweepers to the town sweepers because the contract sweepers had doubled their price and were not finishing the job until September. They found it cheaper to run two shifts a day, regular day shifts and overtime on Saturday. Limiting them to regular hours would not get the job done until well into the fall. The EPA and DEP want the road sand off the road as quickly as possible. It sometimes takes three or four passes, depending on how much sand is on the road. Ms. O’Connor requested that the curb areas around the traffic islands at Queen Street and Glover and also
Orchard Hill Road, off of Rte. 25, be swept.
Anne Marie Mitchell, Butterfield Road asked if there was any further need, under the Clean Water Act, to continue sweeping the streets. Mr. Hurley said they try to get it done by July and that the catch basins cleaning are done primarily through contractors.
ACCEPTANCE OF THE MINUTES: Selectman Rosenthal moved to accept the minutes of June 15, 2009. Selectman Mangiafico seconded. All in favor.
COMMUNICATIONS: First Selectman Borst announced the next Improved Selectmen Communication meeting would be held on July 29th at 7:30 pm in the Senior Center.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Release/Extension: Selectman Mangiafico moved the following driveway bond releases, in the amount of $1,000 each: Merita & Sedali Sedaliu, Tilson Lane, M38,B9, L49, Richard Gracy Builders, LLC, Hoseye Coach Rd., M46, B4, L98 and Curnan Construction, Inc., Rooster Ridge, M7, B3, L7A.4. Selectman Rosenthal seconded for discussion and asked if all the bonds, which exceeded the eighteen months, were granted extensions. Mr. Bolmer stated the Tilson Lane did have an extension and was unsure of the other two. Mr. Mangiafico asked why money would be returned if the bond was expired. Selectman Rosenthal moved to amend the motion to refund the Sedali Sedaliu, Tilson Lane bond because it was extended and to consider the other two, if they’ve been extended, at
the next meeting. First Selectman Borst seconded. All in favor. First Selectman Borst moved to vote on the main motion as amended: Merita & Sedaliu, Tilson Lane driveway bond release is approved; Richard Gracy Builders and Curnan Construction are being held until the next meeting. All in favor.
2. Appointments & Reappointments: Selectman Mangiafico moved to reappoint Robert Geckle(R) and Michael Holmes(D) to the Fairfield Hills Authority for a term to expire 07/31/12. Selectman Rosenthal seconded. All in favor.
3. Probate Court Consolidation: Judge Margot Hall reported that the next meting on the topic is
July 8, 2009. Members from the probate assembly will vote to recommend area towns consolidate with Newtown. Attorney Hall reported that the commission is supposed to look at the Towns; therefore it is important that the Board of Selectmen express what the Town wants. Selectman Borst moved that the Board of Selectmen take the position to ask the Probate Administrator to set up the consolidation of the probate courts as Newtown, Brookfield and Bethel with the possible option of Newtown, Brookfield, Bethel and Redding. Selectman Mangiafico seconded. All in favor.
4. Stonegate Drive mandatory referral: Attorney Hall stated that the end of Stonegate Drive, currently a Town Road, borders Bill and Sally O’Neil’s property. A 400 foot extension of the road was created during a subdivision. The request is to discontinue the end of the road and sell it to the O’Neil’s. In April, Planning and Zoning voted to approve the mandatory referral request. (Att. A.). Selectman Rosenthal moved the First Selectman approve the discontinuance of the last 145 +/- feet extension of Stonegate Drive as a public highway. Selectman Mangiafico seconded. All in favor.
5. Transfer: Selectman Rosenthal moved the transfer of $37,500 from 01500-4061, Contractual Drainage, $37,500 to 01500-2016, Equipment Fuel for discussion. Selectman Rosenthal questioned why the transfer is taking place now for 2008-2009 budget year, saying it should’ve been encumbered. Mr. Tait stated that the town still receives invoices from the prior year budget. Further investigation showed that, by the Charter, the Board of Finance shall have the power to transfer, without limitation, the unexpended and unencumbered balances of any appropriation with the approval of the Legislative Council. Selectman Rosenthal moved to table the transfer pending further clarification from the town auditors. Selectman Mangiafico seconded. All in favor.
OLD BUISNESS
Discussion & possible action:
1. Housatonic Railroad: This item to be covered under executive session
Bob Geckle reported that he made a presentation to the Legislative Council. He stated the grant money and bonding money will be expended by the time the Municipal Office Building is complete. Greenwich Hall demolition is well underway. There is a $1,000,000 bond approved for design work on the Parks & Recreation/Senior Center. The entire backside of the campus should be completed by December, with Litchfield Hall gone. Incremental costs associated with citizen inquiries relative to remediation and prevailing wage total $662,217.
Selectmen Rosenthal moved to enter executive session to discuss land use litigation, pending claims and issues with regard possible legislation regarding Housatonic Railroad. Invited to attend were the Town Attorney, Mr. Hurley, Mr. Benson and Mr. Geckle to attend only for portions that pertain to them. Selectman Mangiafico seconded. The meeting entered executive session at 8:28pm and returned to open session at 9:40pm with the following motions:
Selectman Rosenthal moved the Board of Selectman resolve to oppose the approval by the Connecticut Department of Environmental Protection (CTDEP) of Application #200901096, the proposed expansion of a solid waste facility located at 30 Hawleyville Road in Newtown, CT. Seconded by Selectman Mangiafico. All in favor.
Selectman Rosenthal moved to authorize the Town Attorney to take the legal action necessary to stop the expansion and intensification of a non-conforming use by the Housatonic Railroad at their property on Route 25 in Hawleyville, 30 Hawleyville Road and to notify the Railroad of our opposition. Selectman Mangiafico seconded. All in favor.
Selectman Rosenthal moved to approve the appropriation of funds for litigation against Barbara and Gary Gaydosh for Zoning violations located at 90A Huntingtown Road, Newtown, CT. Selectman Mangiafico seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT: Having no further business the Board of Selectman adjourned their regular meeting at 9:40pm
Respectfully submitted,
________________________
Susan Marcinek, Clerk
Att. A: Stonegate Drive
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