THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, September 21, 2009 at the C.H. Booth Library on Main Street, Newtown. First Selectman Borst called the meeting to order at 7:35pm.
PRESENT: First Selectman Joseph E. 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, twelve members of the public and one member of the press
VOTER PARTICIPATION: Ruby Johnson, 16 Chestnut Hill Road, Newtown noted that the town should be cautious that allowing a scenic road ordinance to go through to stop a development could put the town in the position of a lawsuit. She also stated that the most important thing in the community is safety but the police and fire are put out to the fifth year in the CIP. Ms. Johnson suggested the town didn’t do any favors to Woodbury Hall by encouraging them to come to Fairfield Hills, saying they may have had their business up and running if they had gone elsewhere. Finally, she requested the Board of Selectman meet with the candidates for First Selectman to share their expertise and pass on their wisdom.
Marianne Brown, 4 Sherman Street, Sandy Hook stated she attended the meeting in support of the scenic road application for Sherman Street and introduced the neighbors that were there to show their support: Pam Davis, Rich Boritz and Jack Kitterman.
Rich Boritz, 30 Still Hill Road, Sandy Hook stated that Sherman Street is beautiful in the sense that it is quiet, it has a lot of wildlife and he is concerned about the views and the nature of the road and how it might change with a very dense development. His reason for supporting the scenic road designation is because he would like to maintain the character the road has been known for and he’d hate to see that lost forever as it would be should a development come through.
Pam Davis, 25 Sherman Street, Sandy Hook said that Sherman Street is one of the last untouched places in Newtown. You step back in time 200 years, the houses are all 1700’s, there are stone walls, pastures, ponds; it is pristine, beautiful and breathtaking. Sherman Street is a gem for the whole town.
ACCEPTANCE OF THE MINUTES: Selectman Mangiafico moved to accept the minutes of September 8, 2009 with the following correction: Page 3, item 3 under executive session, add that Rob Sibley was invited to attend “for the purpose of property purchase only”. Selectman Rosenthal seconded. The minutes of September 8, 2009 were unanimously accepted as corrected.
COMMUNICATIONS: First Selectman Borst reported that the Bond Commission is granting Newtown $100,000 towards the development of the Animal Control Facility at Fairfield Hills. Selectman Rosenthal asked if the town reapplied for this grant. First Selectman Borst answered he didn’t know. A notice of violation has been received by the DEP for the Housatonic Railroad saying they will be subject to $25,000 a day fines unless they respond by the date required. Dr. Robinson sent a letter of concern regarding the lack of sufficient storage at the Newtown Municipal Center. Mr. Hurley stated that although the basement is climate controlled he wouldn’t recommend long term storage as it is below grade and is susceptible to moisture. The designers did make an allowance for a certain number of
filing cabinets in the plans but they won’t know for sure until the move how much more space is required. Also noted was that the schools can be used for storage and that other towns also use off sight storage. First Selectman Borst reported that the offices in the Kendro building will be moving all at once on October 30. The Edmond Town Hall offices will move on October 22nd and October 23rd.
OLD BUSINESS;
Discussion and possible action:
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Releases/Extension: -Selectman Rosenthal moved the release of the following driveway bonds in the amount of $1,000 each: Scott Brier, 104 Head O’ Meadow Road, M15, B7, L93 and Rooster Ridge Assoc., LLC, M7, B3, L2a. Selectman Mangiafico seconded. All in favor.
Selectman Rosenthal moved the extension of driveway bond: Shawn S. McLoughlin, Great Hill Road, M7, B8, L95. First Selectman Borst seconded. Motion passed 2-1 (YES: ROSENTHAL, BORST. NO: MANGIAFICO).
Selectman Rosenthal moved the extension of driveway bond: Guy & Elizabeth Monteiro, 36 Taunton Lake Road, M6, B15, L48. Selectman Mangiafico seconded. All in favor.
Mr. George Trudell of GLT Residential, LLC explained to the board that he did receive the registered letter but he inadvertently missed the extension. He’s been living in town for 41 years, building here for 25 years and explained the process involved in this particular driveway. The work was done in a timely fashion, the paperwork extension was missed. Selectman Rosenthal moved to reconsider the earlier action of forfeiting the driveway bond (Quail Hollow Lane, M44,B5,L15). Selectman Mangiafico seconded. All in favor. Selectman Rosenthal moved to release the above driveway bond in the amount of $1,000. First Selectman Borst seconded. All in favor.
2. Road Work Acceptance, Hoseye Coach Road, Rollingwood, Section 9
Subdivision: Selectman Rosenthal moved the bond be reduced from $530,000 to $118,000 which represents a 20% maintenance bond. Selectman Mangiafico seconded. All in favor.
3. Appointments/Reappointments: Selectman Rosenthal moved the appointment of
Nancy Reidy (R), 35 Huntingtown Road, to the Cyrenius H. Booth Library, Board of Trustees for a term to end 07/01/12. Seconded by Selectman Mangiafico. All in favor. Selectman Mangiafico moved the appointments of Suzanne Copp (R), 10 Trout Brook Circle to the Board of Ethics for a term to end 01/06/10 and Ronald Wilcox (R), 12 Cedarhurst Trail, Sandy Hook as an alternate member of the Board of Ethics for a term to end 01/06/12. Selectman Rosenthal seconded. All in favor.
4. Establish auction date and location Stone Gate Drive property: (Att. A) Setting a date for an auction is up to the First Selectmen, not the Board of Selectmen. The Selectmen only have to approve a public auction. Selectman Rosenthal moved that per section 7-90(f) of the Charter that the First Selectman be authorized to conduct the sale with regard to the document dated September 21, 2009 land owned by the Town of Newtown consisting of the northerly, abandoned portion of Stone Gate Drive be by auction. Selectman Mangiafico seconded. All in favor.
5. Woodbury Hall contingency extension: Selectman Rosenthal moved to extend contingency date on Woodbury Hall to November 2, 2009. Selectman Mangiafico seconded. All in favor.
6. Scenic Road Application – Sherman Street: Selectman Rosenthal moved to forward to the Legislative Council as provided in the scenic road ordinance. Selectman Mangiafico seconded. All in favor.
7. Tax Refunds, September 2009 Refund #3: Selectman Mangiafico moved the September 2009 tax refunds #3 in the amount of $31,507.56. Selectman Rosenthal seconded. All in favor.
8. Stimulus Funding Resolution: Selectman Mangiafico moved the resolution: RESOLVED, that Joseph E. Borst, First Selectman, be, and hereby authorized to sign the agreement entitled: “Agreement between the State of Connecticut and the Town of Newtown for the Construction, Inspection and Maintenance of the Resurfacing of Castle Hill Road and Castle Meadow Road utilizing Federal Funds under the American Recovery and Reinvestment Act of 2009 Public Law 111-5 (hereinafter (“Act”)”. Adopted by the Board of Selectmen of the Town of Newtown, Connecticut this 21st day of September, 2009. Selectman Rosenthal seconded. All in favor. Mr. Hurley noted that the town has to follow design standards with a
project of this magnitude.
9. Employee Handbook: Attorney Grogins explained that the handbook was turned over to Attorney Courtney George who would like to make some modifications. Selectman Rosenthal moved to table the issue of the employee handbook until the next meeting. Selectman Mangiafico wants to see the old handbook with changes showing. Selectman Mangiafico seconded. All in favor.
10. Executive Session: Selectman Borst moved to enter executive session for purposes of discussing legal matters, pending litigation and personnel matters. Invited to attend were Fred Hurley, Bob Tait and Bob Geckle to stay for portions that pertained to them only. Selectman Rosenthal seconded. All in favor. Executive session was entered at 8:35pm and returned to regular session at 9:40pm with the following motion:
Selectman Rosenthal moved to authorize the First Selectman to instruct the Town
Attorney to file an appearance on behalf of the Town of Newtown in the matter of
Newtown Pools, LLC vs. Mark Errico and to defend the town’s interest in the matter. Selectman Mangiafico seconded. All in favor.
ANNOUNCEMENTS: none
ADJOURNMENT: Having no further business the Board of Selectman adjourned their regular meeting at 9:45pm
Respectfully submitted,
______________________
Susan Marcinek, Clerk
Att. A: Stone Gate Drive proposed motion
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