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Minutes 11-16-09
Attachments:
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Size: 507K
Last Updated: 2009/11/19

THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN

The Board of Selectmen held a regular meeting on Monday, November 16, 2009 at the Newtown Municipal Center, 3 Primrose 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, ten members of the public and one member of the press

VOTER PARTICIPATION:  Barbara O’Connor, 36 Little Brook Lane asked why the speed bumps are being installed on Queen Street and Glover Avenue when snowplow season is coming up.  Mr. Hurley replied that they will only be down long enough for the Police Commission to get traffic studies for that area and then they are coming up.  Mrs. O’Connor wished the Board well.
George Trudell, 9 Arthurs Court thanked the Board for their service, saying they did a great job.
Robert Geckle, 35 Queen Street thanked the Board for their service; all should be commended for what they’ve done for the Town and the time they’ve put in.


ACCEPTANCE OF THE MINUTES: Selectman Mangiafico moved to accept the minutes of November 2, 2009.  Selectman Rosenthal seconded.  All in favor.

COMMUNICATIONS:  First Selectman Borst noted there is a public information meeting on the replacement of the bridge on Walnut Tree Hill Road on Wednesday, November 18, 2009 at 7:00 p.m. at the Newtown High School, 12 Berkshire Road, Sandy Hook.

Mr. Hurley spoke about the light posts at the Newtown Municipal Center saying that by rotating the plates we can bolt a new lamppost there.  Keeping the luminaries and replacing the poles still runs into a lot of money.  There is a possibility to mothball the lamps to use at other projects in town.  Over a two year period all the lampposts could be replaced.  The cost of changing the entire lamppost is $3,500 a unit.  Mr. Hurley suggests not switching lampposts with the Reed School because they are not the same.  

OLD BUSINESS;
Discussion and possible action:
1.      Senior Center Room fees:  First Selectman Borst suggested increasing the room fees from $15 to $40.  Selectman Rosenthal stated there has to be some logic to the fee structure and said that the fee hadn’t increased for his entire term, at least twelve years.  Selectman Mangiafico would like to see recommendations from the Senior Center.  Mr. Hurley stated that there is no additional cost to the town for meetings.  Selectman Rosenthal moved to table this item.  Selectman Mangiafico seconded.  All in favor.
2.      Grant Update:    (Att. A) Selectman Mangiafico questioned the Batcheldor loan.  Atty. Grogins stated there is a long history with this and the loan will ultimately be forgiven.  Selectman Rosenthal stated the loan was given from the DEP to help develop a remedial plan for the property.  If the property generated taxes the loan would be forgiven.  The cost to clean the property exceeds the value of the property.

NEW BUSINESS:  
Discussion and possible action:
1.  Driveway Bond Releases/Extension:  -Selectman Rosenthal moved the release of the                  driveway bond for Iroquois Gas Transmission System, Canterbury Road, M53, B2, L201 in the amount of $1,000.  Selectman Mangiafico seconded.  All in favor.
  2.  Maintenance Bond Release:  Wentworth Drive “Wentworth Estates” Subdivision:              Selectman Mangiafico moved the release of the $16,000.00 maintenance bond as recommended by the Town Engineer.  Selectman Rosenthal seconded.  All in favor.
  3.   Road Acceptance:  Quail Hollow Lane, Quail Hollow Subdivision:  Selectman Rosenthal moved the acceptance of Quail Hollow Lane into the Newtown Highway System as recommended by the Town Engineer with a maintenance bond of $28,600.00 to be held for one year.  Selectman Mangiafico seconded.  All in favor.
4.   Appointments/Reappointments:  none
5.      Recommendations for Animal Control Facility policy:  Selectman Rosenthal recommended a modification to the volunteer portion of the policy (Att. B).  He said that policy and procedures should be approved by the Board of Selectmen and this was not approved prior to the First Selectman signing the policy in October 2009.  Under the Charter the Selectmen make the resolutions and regulations and set policy and the First Selectman implements policy.  First Selectman Borst replied that it was his understanding that the the First Selectman does provide policy and procedures and approval of the Board is not required.  Selectman Rosenthal said that volunteers interacting with animals have been required to be part of an organization that carries insurance.  Selectman Rosenthal moved the adoption of the policy and procedure for adopting animals as dated October 30, 2009.  Selectman Mangiafico seconded.  All in favor.  Selectman Rosenthal moved to approve the policy and procedure Newtown Animal Control Facility contingent upon the information relative to the involvement of individuals handling animals vs. those there to do maintenance work; that the appropriate changes be consistent with that.  Selectman Mangiafico seconded.  All in favor.
6.      Tax Refunds #6, November 2009:  Selectman Mangiafico moved the November 2009 Tax Refunds #6 in the amount of $20,549.50.  Selectman Rosenthal seconded.  All in favor.
7.      Transfer $30,000 – From 01570-2000 Contingency To 01890-0000 Transfer out – Cap  Project:  Selectman Mangiafico feels this project should be bid prior to the transfer to avoid signaling the amount of money the town is willing to spend.  Mr. Tait stated that approval of the transfer signals we are willing to do the work.  Mr. Juliano, of the Town Hall Board of Managers stated that if the work isn’t done by early December it would have to wait until Spring due to the weather.  Selectman Rosenthal moved to authorize the Board of Town Hall Managers to solicit bids for the purpose of repointing masonry work on the south side of Edmond Town Hall.   Selectman Mangiafico seconded.  All in favor.
8.      Approval of 2010 Calendar:  Selectman Rosenthal approved the Board of Selectmen meeting calendar for 2010.  Selectman Mangiafico seconded.  All in favor.
     
ANNOUNCEMENTS:  Mr. Merola asked that the Selectmen consider grandfathering the cost of the Newtown Senior Center meeting room for the Garden Club in appreciation for what they have done on the islands around town.  



9.      Executive Session:  Potential Litigation:  Selectman Mangiafico moved to enter
Session to discuss potential litigation and to invite Bob Tait, Fred Hurley, Dave Grogins, Bob Geckle and Selectwoman-elect Pat Llodra to stay for portions that pertained to them.  Selectman Rosenthal seconded.  All in favor. Executive Session was entered at 9:00pm and returned to regular session at 9:40pm with the following motions:

Selectman Rosenthal moved to settle the claim between Purdy Station Estates, Michael Burton Builders, Inc. and the Town of Newtown by abating taxes from 1997 forward.  Selectman Mangiafico seconded.  All in favor.

Selectman Rosenthal moved that the First Selectman authorize the Town Attorney to defend the Town of Newtown in the following legal action:
a.      William H. Joyce, 12 Shepard Hill Rd., Newtown vs. the Inland Wetlands Commission and Commissioner of the Department of Environmental Protection, Newtown, CT
b.      Mary Liscinsky, 58 Eden Hill Rd., Newtown vs. the Planning and Zoning Commission and the Town of Newtown, CT
c.      Total Valuation Services, LLC, 121 Mattatuck Heights Rd., Waterbury, CT vs. The Town of Newtown, CT.
Seconded by Selectan Mangiafico.  All in favor.


ADJOURNMENT:  Having no further business the Board of Selectman adjourned their regular meeting at 9:45pm

     Respectfully submitted,


    ______________________
    Susan Marcinek, Clerk

    Att. A:  Grant Update
    Att. B:  Animal Control Volunteer Requirements modification per Selectman Rosenthal
    Att. C:  Policy & Procedure – Adoption and Volunteers