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Minutes 10-5-09
THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN

The Board of Selectmen held a regular meeting on Monday, October 5, 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, Assessor Chris Kelsey and eight members of the public.  (Town Attorney David Grogins arrived at 8:25pm).

VOTER PARTICIPATION:  none

ACCEPTANCE OF THE MINUTES: Selectman Rosenthal moved to accept the minutes of September 21, 2009.  Selectman Mangiafico seconded.  All in favor.

COMMUNICATIONS:  First Selectman Borst reported that the Public Building and Site Commission is recommending the Community Center be put forward at $12,000,000 and not the $9,000,000 the Selectmen decided upon.  Selectman Rosenthal noted he respects the Commission but stated it was highly unusual for the Commission not to support what the Selectmen have passed on to the Board of Finance and the Council.  Selectman Mangiafico said he is also surprised with the decision and stated the Public Building & Site Commission does not have the responsibility or the authority to make the choices the Board of Selectmen have to make.  Unless new, compelling information is submitted he is not likely to change his mind.  Both Selectmen Rosenthal and Mangiafico are willing to look at it again.

Westport Resources is changing their clearing broker to Persian, a subsidiary of the Bank of New York, Melon.  There will be a pension committee meeting on Tuesday, October 20 prior to the next Board of Selectmen meeting.  Selectman Rosenthal said he thinks the actuary and the pension committee should consider reducing assumptions.  

The Town has received a $100,000 STEAP grant for the animal control facility.  Selectmen Rosenthal suggested Elizabeth Stocker look into this to make sure there aren’t strings attached.

First Selectman Borst visited the Military Museum in Danbury.  They are looking for larger quarters rather than renovating the building they are in now.  Mr. Borst recommended they talk to Bob Geckle of the Fairfield Hills Authority.

On October 2, 2009 there was a meeting with the Attorney General that included the First Selectman, George Benson, Rob Sibley and Robert Isner (EPA).  The Assistant Atty. General was also present and the Hawleyville Transfer Station was discussed.  There is an Inland Wetland meeting on October 14 to deal with the most recent application from the Housatonic Railroad and an amendment.  The Attorney Generals office is very supportive of the Town of Newtown.

The next Improved Selectmen Communication meeting will be on Tuesday, November 10 at 7:30pm at a location to be determined.

The Fourth American Warrior Day of Honor will be on November 7, 2009.  An aircraft is provided to fly selected WWII Veterans to Washington DC.

Nunnawauk Meadows Senior Housing Rehabilitation – The State Department of Economic and Community Development has extended the ending date of the grant from September 30, 2009 to December 31, 2009.


OLD BUSINESS;
Discussion and possible action:
1.      Review and approve employee handbook, non-union:  First Selectman Borst reported
that Courtney George, of Cohen & Wolf, suggests that all the memos and policies be reviewed, eliminating those that are no longer applicable and making the rest of the memos part of the employee handbook.  Selectman Rosenthal moved to table this item.  Selectman Mangiafico seconded.  All in favor.

NEW BUSINESS:  
Discussion and possible action:

  1.   Driveway Bond Releases/Extension:  Selectman Rosenthal moved the driveway bonds as outlined in attachment A.  Selectman Mangiafico seconded.   All in favor.

Selectman Mangiafico moved the Common Driveway Bond Release for GLT Residential, Quail Hollow Lane, M44, B5, L15.4 & 15.5 in the amount of $8,350.00.  Selectman Rosenthal seconded.  All in favor.  
2.  Maintenance Bond Release, Road & Drainage Work Agreement,
33 Church Hill Road & The Boulevard:  Selectman Rosenthal moved to release the subject maintenance bond in the amount of $4,400.00 as recommended by the Town Engineer.  Mr. Bolmer explained that bonds are reduced to a maintenance bond when the work is completed and is held for a year and then released.  The Selectmen adopted these agreements.  Selectman Mangiafico seconded.  All in favor.
3.  Appointments/Reappointments:  none.
4.  Transfer:  $10,000 from Contingency, 01570-2000 to Tick Borne Diseases Action
     Committee, 01375-0003:  Selectman Mangiafico moved the subject transfer.  Selectman
 Rosenthal noted this was an important matter but questioned how they came up with $10,000.  Selectman Mangiafico stated he attended their last meeting and it was mentioned that there will be speakers at future meetings.  Selectman Rosenthal is more inclined to give less and if they need more they can request it at the time.  Selectman Mangiafico modified the original motion of $10,000 to $5,000.  Selectman Rosenthal seconded.  All in favor.
5. Tax Refunds, October 2009 Refund #4:  Selectman Mangiafico moved the October 2009 tax refunds #4 in the amount of $17,515.42.  Selectman Rosenthal abstained because his automobile is on the list for an overpayment in tax.  YES (Borst, Mangiafico), Abstained (Rosenthal).
6.  Executive Session:  Selectman Borst moved to add potential litigations to the executive session.  Selectman Mangiafico seconded.  All in favor.  Selectman Rosenthal moved to enter executive session for purposes of discussing an assessment appeal and pending litigation. Invited to attend were Chris Kelsey, Fred Hurley, Bob Tait and Town Attorney David Grogins to stay for portions that pertained to them only.  Selectman Mangiafico seconded.  All in favor.  Executive session was entered at 8:20pm and returned to regular session at 9:05pm with no motion noted.       
      

ANNOUNCEMENTS:  none

ADJOURNMENT:  Having no further business the Board of Selectman adjourned their regular meeting at 9:10pm

     Respectfully submitted,


    ______________________
    Susan Marcinek, Clerk

    Att. A:  Driveway Bonds


BOARD OF SELECTMAN MEETING – Oct. 5, 2009                               ATT. A
 
DRIVEWAY BOND RELEASE
Maryann Rudolph, 165 Brushy Hill Road, M32, B4, L3                      $3,000 posted:  04/04/09
FLN Enterprises, LLC, Brushy Hill Road, M32, B3, L3                     $1,000 posted:  05/16/08
Charter Residential Dev., LLC, Meridean Ridge, M3, B1, L1.05        $2,300 posted:  02/19/09
GLT Residential, LLC, 7 Quail Hollow Lane, M44, B5, L15         $1,000 posted:  08/27/08   house not to be built
David French & Sons Builders, LLC, Fallen Leaf La., M19, B6, L1.2  $1,000 posted:  05/08/08  house not to be built
Raffie Aryeh, 3 Serene Way, M12, B5, L 12.15,                           $1,000 posted:  03/27/08 house not to be built


COMMON DRIVEWAY BOND RELEASE
GLT Residential, Quail Hollow Lane, M44, B5, L 15.4 & 15.5              $8,350 posted:  08/09/06