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THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, December 7, 2009 at the Newtown Municipal Center, 3 Primrose Street, Newtown. First Selectman Llodra called the meeting to order at 7:30pm.
PRESENT: First Selectman E. Patricia Llodra, Selectman William F.L. Rodgers, Selectman William F. Furrier.
ALSO PRESENT: Finance Director Robert Tait, Town Engineer Ron Bolmer, Town Attorney David Grogins, Land Use Deputy Director Rob Sibley, fifteen members of the public and three members of the press.
Selectman Llodra explained that reorganization work that needed to be addressed:
Selectman Rodgers moved to appoint Sue Marcinek as the clerk for the Board of Selectmen. Selectman Furrier seconded. All in favor.
Selectman Furrier moved, as per the Charter, that Will Rodgers preside in the absence or the disability of Pat Llodra the First Selectman and who, as Town Agent, shall perform such other duties of an absent or disabled First Selectman as the board may designate by resolution or regulation. First Selectman Llodra seconded. Selectman Rodgers accepted the responsibility. All in favor.
VOTER PARTICIPATION: Ruby Johnson, 16 Chestnut Hill, Sandy Hook shared excerpts from Common Ground (Att. A) and spoke of the five common ground principles to working together emphasizing that added, new fresh minds help to achieve consensus. She urged the board not to stack committees when making appointments.
ACCEPTANCE OF THE MINUTES: First Selectman Llodra stated that the Board is prepared to act on the minutes of November 16, 2009, although they hold no responsibility because it was the meeting of the prior Board of Selectman. First Selectman Llodra explained that there is an effort to clarify the language as to what the expectations are of the volunteers at the Animal Control Facility. The policy is still being edited but there is no change in the substance, only in the language. Selectman Furrier moved to accept the minutes of November 16, 2009 as submitted and with the appendix from Mr. Rosenthal (Att. B) Selectman Rodgers seconded. Selectman Rodgers asked Mr. Joseph Borst to attest to the accuracy of the minutes. Mr. Borst did so, with a request to get
clarification, during the next Charter revision, to whether the First Selectman needs Board approval to establish policies and procedures. All in favor.
COMMUNICATIONS: First Selectman Llodra shared a draft of the budget timetable developed by Finance Director Bob Tait. The dates may be modified by the Board of Finance. Mr. Tait explained that the department heads were instructed to complete their budget packets by December 4. The Finance Director and the First Selectman will be sitting with department heads to review and adjust budgets throughout the month of December. The Board of Selectmen will establish budget dates to submit the budget on February 8, but no later than February 14, to the Board of Finance.
First Selectman Llodra asked the Selectmen to come in the office to receive information and to sign documents for Westport Resources as executors of the plan.
OLD BUSINESS;
Discussion and possible action:
- Senior Center Room fees: First Selectman Llodra stated the current fee at the Senior Center is $15 for non-government meeting groups. The building is used on weekends and nights. There is an impact as far as overheard and custodial care of the building. Is the fee appropriate, should the building be opened over the weekend and what process is used for persons to access the building, what kind of insurances are in place, is the Town being held harmless? The town policies on how municipal facilities are to be used need to be reviewed and discussed. Selectman Furrier wants to encourage use of the town owned facilities and said the cost should be reasonable for tax payers. Selectman Llodra said that reasonable access, use, cost and protections have to be in place. Selectman Rodgers
moved to table the item until the entire issue can be looked at. Seconded by Selectman Furrier. All in favor
- CIP: The Board will look at the CIP in detail at the December 21st meeting of the Board of Selectmen. Persons requested to be there are: Elizabeth Stocker for the Sandy Hook Streetscape project, the water main extension and the tech park; Bob Geckle for Fairfield Hills; Amy Mangold for the Community Center, Dickinson Playground and Treadwell Field; Chief Kehoe for the Police Communications Facility; Kevin Cragin for Hook & Ladder and the addition to the substation and Fred Hurley for roads and bridges. CIP conversation can be carried over to the meeting of January 4, 2010 but the board needs to be prepared to take action at that meeting (Jan. 4) to be able to forward the plan to the Board of Finance.
- Highland Plaza: Rob Sibley explained that that the site developer at Highland Plaza set aside 13 acres as a conservation easement to protect the wetlands and the natural resources associated with it. They have a gravel wetlands system; it is a natural process, a mimicking of wetlands. The owner of the property wants to donate space to use as a lab, for $10 per year to the town for use by the schools. UNH and Western have been contacted and the principal of the High School has walked the land. This is a secure, locked facility, there will be key fobs and there are bathroom facilities. There is a concrete pool, about 11 feet deep. The students will be studying the maintenance required for the system, but the onus is on the property owner to have the project working. Mr. Sibley asked the Board to consider this space to be accepted in the signing of the lease so the town can move forward with the donated space, with the hopes this will be an annual process. Selectman Rodgers
moved that the Board of Selectmen authorize the First Selectman to enter into a Revocable License Agreement with Highland HC, LLC pursuant to the details outlined by Mr. Sibley and the written materials which have been reviewed by Attorney Grogins. Selectman Furrier seconded. All in favor.
NEW BUSINESS:
Discussion and possible action:
1. Driveway Bond Releases/Extension: -Selectman Rodgers moved the release of the following driveway bonds in the amount of $1,000 each: Brause Realty, Inc., Queen Street, M27, B2, L17; Square D Custom Homes, LLC, Hattertown Rd., M13, B1, L1.05; S.J. Greenwood Builders, Hemlock Rd., M36, B11, L12 and $2,000 for Hawleyville Development, LLC, Barnabas Rd., M5, B14, L1 and. Selectman Furrier seconded. All in favor.
Selectman Furrier moved the release of the driveway bond for Academy Design & Construction, Valley Field Rd., S. M25, B1, L22 in the amount of $1,000 and Virginia D. Hutch, Valley Field Rd., S., M25, B1, L22 in the amount of $2,000. First Selectman Llodra seconded. Motion passed: 2 YES (Furrier, Llodra), Selectman Rodgers abstained due to appearance of propriety.
2. Children’s Adventure Center Resolution: The town contracts for the service for the Children’s Adventure Center program that is housed in the community center located in Sandy Hook. The resolution was previously signed by the last administration but needs to be updated with the new administration. Selectman Furrier resolved that Pat Llodra, the First Selectman of Newtown be empowered to enter into or amend contractual instruments in the name and on behalf of the Town of Newtown with the Department of Social Services of the State of Connecticut for a Child Day Care program if such an agreement is offered and to have the corporate seal affixed to all documents required as a part of any offered agreement. Selectman Rodgers seconded and asked who required this
resolution be redone. Mae Schmidle answered that the state requires it be redone. All in favor.
3 Appointments/Reappointments: First Selectman Llodra explained that there are three persons allowed to serve as alternates on the Planning and Zoning Commission and there are currently two. Rudy Pozek is an unaffiliated voter that has been recommended by the Democratic Party. Selectman Rodgers moved the appointment of Rudy Pozek, 105 Poverty Hollow Rd., as an alternate member of the Planning and Zoning Commission with a term to expire 12/01/11. Selectman Furrier seconded for discussion. Selectman Furrier stated there are people on the Independent Party that have expressed an interest in becoming board members and would like the opportunity to forward candidates for open spots. He suggested tabling this item until the IPN had that
opportunity. First Selectman spoke about process: The Town Clerks office notifies members whose terms are ending giving them the opportunity to become reappointed. When there are vacancies the First Selectman’s office notifies the representative of the political parties. The people who fill vacancies are controlled by the party of the person who had the seat previously. The Independent Party of Newtown will now also be contacted. The Parks & Recreation Commission has been expanded to a seven member commission. The Public Building & Site Commission opening was vacated by a Democrat. The Charter states it can be filled by a Democrat or an unaffiliated voter. Attorney Grogins stated there is a difference between vacancies that occur during a term and ones that occur in the natural course of events. The Charter needs to address the fact that there are now three parties in town. There is the issue of persons
promoted by one party but who are registered as another. Atty. Grogins stated that for the purpose of minority representation the party the person stood for at election is what is considered. Atty. Grogins stated the Board of Selectman appoints within the first 45 days of a vacancy, after that the commission can appoint. Selectman Rodgers pointed out the two of the requests for appointments have been open for more than 45 days. The motion to appoint Rudy Pozek was unanimously passed. Jan Brookes has been recommended by the Democratic Party to fill an opening on the Parks & Recreation Commission. Po Murray was also recommended, by the IPN, to fill that opening. The Parks & Recreation Commission can make that appointment or the Board of Selectman can make the appointment. Selectman Rodgers stated all parties should be notified about the Parks & Recreation opening. Selectman Furrier stated that just about every
vacant position should go to the IPN because they have had no representation on the boards. First Selectman Llodra stated the point of view has to be who is best qualified to fill the positions. Selectman Rodgers is more concerned with process than personalities. Input is needed by all sources. First Selectman Llodra stated the process will be to contact all three parties for any vacancies. This excludes those persons that indicate they want to continue and be reappointed. Mr. Walczak asked if opening will be advertised to the public so an unaffiliated voter could come forward without the recommendation of a party. First Selectman Llodra said that information on vacancies should be packaged and the three political parties should be invited to make a recommendation, as well as the board or commission and also the public to react if there is an interest that doesn’t come through a major party. Selectman Rodgers agreed with a caveat that
he has a reluctance to have appointees appoint further appointees. He would consider any party recommendation or anyone who comes to the Board of Selectmen directly. There needs to be clarity in the process so that everybody has equal access to the opportunity. There was no action taken on the Parks & Recreation Commission vacancy or the Public Building & Site Commission.
4. Tax Refunds #7, December 2009: Selectman Rodgers moved the December 2009 Tax Refunds #7 in the amount of $3,997.72. Furrier seconded. All in favor.
ANNOUNCEMENTS: none noted.
Executive Session: Land Purchase, Personnel Matter, Potential Litigation: Selectman Rodgers moved to enter Executive Session to discuss land purchase, personnel matters and potential litigation and to invite Attorney David Grogins, Attorney Monty Frank, Deputy Land Use Director Rob Sibley and Finance Director Bob Tait to stay for portions that pertained to them. Selectman Furrier seconded. All in favor. Executive Session was entered at 9:00pm and returned to regular session at 10:10pm with the following motions:
Selectman Rodgers moved to authorize the Town Attorney to enter into a settlement in case of Standard Demolition Services, Inc. vs. the Town of Newtown, Manaforte Brothers, Inc. and O&G Industries, Inc. in exchange for withdrawal of the award. Selectman Furrier seconded. Motion unanimously passed.
ANNOUNCEMENTS: none noted.
ADJOURNMENT: Having no further business the Board of Selectman adjourned their
regular meeting at 10:30pm
Respectfully submitted,
______________________
Susan Marcinek, Clerk
Att. A: Ruby Johnson handout
Att. B: Animal Control Volunteer Requirements Appendix
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