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03-01-10
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN

The Board of Selectmen held a meeting on Monday, March 1, 2010 at the C. H. Booth Library, Main Street, Newtown, Connecticut.  First Selectman Llodra called the meeting to order at 7:30 pm.

PRESENT:  First Selectman E. Patricia Llodra, Selectman William F. L. Rogers, and Selectman William F. Furrier.

ALSO PRESENT:  Finance Director Robert Tait, 19 members of the public and one member of the press.

VOTER PARTICIPATION:  Barbara O’Connor of the Newtown Republican Town Committee stated that they work hard to ensure candidates for boards and commissions do not have a personal agenda and that it is explained that the positions are bound by State Statutes and the Town’s Charter and Ordinances.

LeReine Frampton of the Democratic Town Committee assured the Selectmen also that they are careful who they choose and make sure candidates do not have a personal agenda and have the time to dedicate to their position.

Bob Sabin thanked the Selectmen for their service and read a letter he submitted to the Board regarding Fairfield Hills.  He stated concerns over a lack of information available for residents and listed requests regarding expenses.  He said he appreciated the Board of Selectmen’s interest and openness to questions and comments.  

Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook, said in regards to the resignation of Don Studley from the Fairfield Hills Authority that the 3.5 million cost over run was not Mr. Studley’s fault and that the previous administration chose to spend money as they wished.  She asked that Brian White be chosen for his skills and not for his accounting experience.  Her hope is that the Selectmen request the Legislative Council to review the ordinance and take away some of the authoritarian power of the Selectmen so that it is put into the hands of the public.  She said that she supports the First Selectman’s efforts to rectify all of the problems she inherited.  

ACCEPTANCE OF MINUTES:  Selectmen Rodgers moved to accept the minutes of February 1, 2010 as presented.  Selectman Furrier seconded.  All if favor.

COMMUNICATIONS:  First Selectman Llodra noted a record of an $80,000 transfer to be sent to the Board of Finance for approval to be used for the purchase of salt and road repairs caused by a difficult winter.  She noted the winter maintenance costs have been $545,000 in overtime and materials.  The transfer will be taken from the Public Work’s road funds with intentions to transfer funds from Contingency back into Public Works so that the road work can be completed as promised.  

First Selectman Llodra also discussed the budget process and what is meant by “the bottom line”, explaining the difference between the approved budget and the amended budget.  When considering the budget (the percent of increase over the previous year) it is unclear what bottom line is used (the approved budget or amended budget).  She noted that point of clarification has not yet taken place.  

First Selectman Llodra also stated that the Board of Finance has asked that she collaborate with the Board of Education on a CIP proposal that takes into consideration both the Town side and Board of Education needs.

UNFINISHED BUSINESS:
Discussion and Possible Action:

  • Room Fees for Senior Center – Item tabled
  • Grant Report – Item tabled, will be heard on March 15
3.      Process for Appointment to Board of Commission – First Selectman Llodra explained the eight step process for appointments, i.e., (1) Identify the position as a vacancy or an open position; (2) Determine the eligibility criteria (open position – minority rep., vacancy – same party or unaffiliated); (3) Advertise the position via newspaper and/or alert to political parties; (4) Solicit interested parties to come forward through political process or directly; (5) Determine Board of Selectmen date of action on filling position; (6) Advertise final date for submission of letters of interest and resumes; (7) Post notice of action on Board of Selectmen agenda; and (8) Inform the Board of Selectmen of candidates; make recommendation for appointment.  An example given was the current vacancy for Planning & Zoning (an elected position) which is not eligible for any person other than the person who holds that particular party registration (in this instance, a Democrat).  She read from the Charter: “If an elected position becomes vacant, the Board of Selectmen has the obligation to fill the position with a person who holds the same party registration as the person who vacated the position.”  She noted avenues for consideration (1) Recommendation by the Democratic Town Committee, (2) Recommendation by the Republican Town Committee, (3) Recommendation by the Independent party, and (4) candidates can come forward directly to the Board of Selectmen or to the First Selectmen.  Candidates can also be recommended by members of a Commission or Board.  She also read from the Charter: “Subject to the limitations of previous sections the First Selectmen, with the approval of the Board of Selectmen, shall fill by appointment a vacancy and any other elected Town office within 60 days from within that Town office becomes vacant”. First Selectman Llodra noted that they will be acting upon the Lake Lillinonah Authority on March 15th and on the Planning & Zoning open position on April 1st.

NEW BUSINESS:
Discussion and possible action:

  • Road Work Acceptance, Road & Drainage Work Agreement, The Old Road
“Re-Subdivision, Lot 1, Paul Scudder Smith & Earl Wright Smith” - Selectman Furrier motioned to accept the Road Drainage Work Agreement, The Old Road, Re-Subdivision, Lot 1, Paul Scudder Smith & Earl Wright Smith.  Selectman Rodgers seconded.  All in favor.

  • Tax Refund No. 10 - Selectman Rodgers motioned to approve Tax Refund No. 10.  Selectman Furrier seconded.  All in favor.
  • Tax Refund No. 11 - Selectman Furrier motioned to approve Tax Refund No. 11.  Selectman Rodgers seconded.  All in favor.
  • Adoption of Other Post Employment Benefits (OPEB) Trust - Selectman Rodgers motioned to adopt of the OPEB Trust Agreement dated December 1, 2009.  Selectman Furrier seconded.  All in favor.  
  • Resolution to authorize the First Selectman to sign the notice of grant award for the EECBG (Energy Efficiency Community Block Grant) for Newtown from the Federal Government under the Energy Efficiency Stimulus Program.  Selectman Furrier motioned that the Newtown Board of Selectmen authorize the First Selectman to accept a grant in the amount of $102,573 under the OPM Municipal Energy Efficiency and Conservation Block Grant Program and further authorize the First Selectman to sign any and all appropriate documents required for the execution of this grant.  Selectmen Rodgers seconded the motion.  
Mr. Hurley explained this is part of the Stimulus Package and funds will be used for three projects; (1) Conversion of the Town’s fleet to natural gas over a five year period of time; (2) Install LED lighting for street lighting; and (3) Energy Performance Contractor Technical Assistance (professional help to put together an energy conservation project for the Town and a third party purchasing of energy and power to stabilize and reduce energy costs for the town).  It was noted that it will take approximately five years to convert the fleet to natural gas and that there are three major components (1) installation of a fueling station; (2) the conversion of existing vehicles and; (3) the purchase of new natural gas vehicles.  Selectman Furrier asked about the downside of this energy shift.  Mr. Hurley said there is no downside and the changes will reduce greenhouse gasses and emissions and that natural gas is easier to implement than other energy alternatives.  First Selectman Llodra asked for an update of the Request for Proposal on electricity providers.  Mr. Hurley said the Requests for Proposals are out to 19 companies and are due back on March 8th.  He anticipates a substantial reduction in electricity costs.

The board voted on the resolution.  All were in favor.

  • Resolution:  Town of Newtown application to the State for $100,000 in order to undertake the Newtown Animal Shelter Project and to execute an Assistance Agreement.
First Selectman Llodra explained the funds from this grant will replenish the money used by the Town for soils testing on land being offered by the State.  Once the land is certified free of contaminants there will be a formal transfer of the deed.  Preliminary soil tests look good and they expect good test results.  Selectman Rodgers motioned to approve the resolution.  Selectman Furrier seconded.  All in favor.

  • Appointments/Reappointments:  Inland Wetland; Conservation; EDC; Cultural Arts; Fairfield Hills Authority; Commission on Aging, Sustainable Energy, Board of Ethics
Selectman Furrier motioned to approve the appointment of William Halstead to the Director of Emergency Management.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Rodgers motioned to approve the appointment of Michele Germaine, MD to the Board of Ethics.  Motion seconded by Selectman Furrier.  All in favor.

Selectman Furrier motioned to approve the appointment of Desiree Galassi to the Sustainable Energy Commission.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Rodgers motioned to approve the appointment of Randy Grabowski to the Conservation Commission.  Motion seconded by Selectman Furrier.  All in favor.

Selectman Rodgers motioned to approve the appointment of Kristen Hammer to the Inland Wetlands Commission.  Motion seconded by Selectman Furrier.  All in favor.

Selectman Furrier motioned to approve the appointment of Kate Katcher to the Cultural Arts Commission.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Rodgers motioned to approve the appointment of Joseph Humeston to the Economic Development Commission.  Motion seconded by Selectman Furrier.  All in favor.

Selectman Furrier motioned to approve the appointment of Margaret Oliger to the Economic Development Commission.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Rodgers motioned to approve the moving of Barbara Wadleigh from an Alternate member to a full board member with the expiration date of 01/06/11 on the Commission on Aging.  Motion seconded by Selectman Furrier.  All in favor.

Selectman Furrier motioned to approve the moving of Norma Gray from a full board member to an alternate member with the expiration date of 07/07/11 on the Commission on Aging.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Furrier motioned to approve appointment of Joan Plouffe as an Alternate on the Commission on Aging.  Motion seconded by Selectman Rodgers.  All in favor.

Selectman Furrier motioned to approve appointment of Sarah Frampton as an Alternate on the Commission on Aging.  Motion seconded by Selectman Rodgers with discussion.  Selectman Rodgers asked for this appointment to be tabled since he has been contacted by members of the commission that he would like to investigate.  The First Selectman said she is reluctant to table any appointment and values anyone who is willing to work on the commissions, but noted her respect for process and accepts the tabling of this appointment.  Selectman Furrier said he concurs with tabling this vote.  First Selectman Llodra said that she holds Sarah Frampton in high regard and has respect for her skills and that this should not be a reflection on her, this is a respect for process.  The motion to table as on the floor.  Selectman Furrier seconded the motion.  All in favor.

Selectman Rodgers motioned to approve appointment of Brian White to the Fairfield Hills Authority.  Motion seconded by Selectman Furrier with discussion.  Selectman Furrier expressed his disappointment that they have not reached out into the community for a new face from a population that has not been represented.  He said that although this may not be the case today, there is still a perception that a few select people are controlling Fairfield Hills.  He felt the Board should go out of their way to extinguishing that image.  Selectman Rodgers responded by saying that he believes the impression created earlier was due to the statement that the Board as looking for someone with financial or accounting experience.  He said that Mr. White has not been active in politics for some time and that he is very fair and a very cut-to-the-chase kind of person.  He stated he will vote for the most qualified person for every position.  

Selectman Llodra said the role of the Fairfield Hills Authority is to execute the Master Plan.  She noted that each of the candidates have a great deal of acumen when managing financial resources, but there is a broader role to be considered and the other candidates’ skills don’t necessarily align with executing a plan that is already in place.  She felt Mr. White is the right person with the right skill.  She called to question those in favor of supporting Mr. White’s appointment.  First Selectman Llodra and Selectman Rodgers voted Yea.  Selectman Furrier voted no.  Mr. White was appointed.

  • Fairfield Hills Review Committee Charge – First Selectman Llodra discussed a draft document identifying the charge of this committee.  Selectman Furrier felt the Master Plan should be reviewed.  Selectman Llodra noted two concepts within the charge, (1) The Master Plan is a strategic plan for the use of Fairfield Hills to the benefit of the Newtown community, and (2) The Master Plan should be consistent with the POCD for the Town of Newtown.  She also noted two bullet points (1) solicit input and active participation from members of the public, from community boards and commissions, and from such Town of Newtown departments as determined appropriate by the committee; and (2) Provide forums for local discussion of key issues pertaining to the future use and development of the campus.  The charge further determines that the starting plan to be used is the Master Plan. There were also five themes voted on by the Town in 2001 to drive the development of the Master Plan at its origin; (1) The campus should contain a substantial open space component, inclusive of both active playing fields and open space; (2) One or more of the existing structures should be renovated and adapted for use as Town offices and possibly educational uses; (3) Selected structures within the entry plaza portion of the campus should be renovated for economic development such as small professional offices; (4) A core area of campus can be reserved for revenue-generating economic development activities compatible with other uses in the surrounding areas; and (5) All components should be provided within the context of the master plan that preserves the campus environment with the Town maintaining the overall control of the campus.
She stated this is the exact language on record of the town meeting on June 2001.  Selectman Rodgers complemented the First Selectman on crafting this out of historical underpinnings and agreed with Selectman Furrier that it is important to do a comprehensive review of the Master Plan.  Selectman Furrier questioned the difference between that and the bonding language.  The First Selectman noted that the bonding language and the language of the meeting are not the same thing.  The bond was identified to execute a specific purpose.  She also said that the language says that the committee will be called upon to provide input, advice, and direction to the Board of Selectmen related to the core themes.  

Selectman Rodgers agreed that this be adopted as a draft with the proviso that they would add a time frame for the committee.  Selectman Furrier agreed with the consent of the Board to add items.  First Selectman said that this is a starting point of a discussion and more instructive language can be added.  A more formal action will be taken when this is finalized.

  • Fairfield Hills Authority Right to Lease Proposal – Although there was no action to be taken at this time, there were some discussion regarding current request for proposals out for the right to lease at Fairfield Hills.  It was noted that the RFP bidders have been told that there is a Master Plan review.  This item will be carried forward.
VOTER COMMENTS
Barbara O’Connor complimented the First Selectman for doing a great job and thanked her for her explanations and clarity during meetings.  She stated concerns with the new open liberal plan for appointments to boards and commissions.  

Kevin Fitzgerald, 24 Old Farm Hill Road, noted a point of contention regarding the review committee document noting tax payers have never supported the master plan.  He said that despite the review process, the CIP calls for additional spending at Fairfield Hills.  The First Selectman said the items on the CIP includes items that need to be done, including buildings that have to come down and the project of putting the electricity underground.  She noted the CIP is reacting to circumstances that won’t go away no matter what happens.  She said the Board of Selectmen were careful not to put anything in the CIP for Fairfield Hills that signaled the Master Plan is going forward.

Sharon Pierce, 10 Chestnut Hill Road, Sandy Hook, said the review committee would be an opportunity for new voices to review the plan of Fairfield Hills and a full spectrum of representation would help pull the community together.  She shared concerns over the notification to the public of hearings and asked if there could be more time of notice.

Robin Fitzgerald, 24 Old Farm Hill Road, asked if the Town is borrowing funds over and above the $21 million for the Fairfield Hills work, or is it additional money that will be borrowed.  The First Selectman said the CIP funds are additional money and that the original funds are exhausted.  Anything in the CIP still goes through the budget process.

Douglas Brennan, 8 Antler Pine Road, stated that the $300,000 used to run temporary power lines was wasted and expects better use of his tax dollars.  He also said that documents regarding leasing should be done in a way that protects the Town’s interest.  He feels there should be more prudence and that people should be held accountable.  

Julia Wasserman commended the Board for doing an excellent job and stated that when Fairfield Hills was first talked about, the State had to be convinced that whatever was obtained by Newtown would benefit everyone who lived or worked in Newtown.  She said this theme should be incorporated as one of the principals in the charge.  She also feels that in the charge there should be some review of residential housing in Fairfield Hills.  

Po Murry thanked the Board for instituting due process for Fairfield Hills.  She feels there are needs in the community, i.e., a police station and fire facilities that should be included.  She asked if there will be plans for initiating a long term planning process.  She feels Fairfield Hills is still being treated as an island and that decisions of large amounts of money should have referendums.  She asked for clarification whether the lease agreements need approval from the Board of Selectmen as granted through the Fairfield Hills Authority ordinance.  The First Selectman discussed the POCD and how it relates to long term planning.  She believes there is an existing platform and process that would allow for more success.  Selectmen Rodgers read a portion of the Charter, Section 330.A.2.  He stated that leases at Fairfield Hills needs to abide by the same rules as any other lease in Town.

Mae Schmidle, Echo Valley, said that acquiring the land at Fairfield Hills has been one of the most incredible things that has ever happened in Newtown.  She asked if the Board would consider the name of the property to be changed to “Newtown Hills”.

Ruby Johnson discussed the electrical work at Fairfield Hills in regards to a study that was done on the sewer lines at Fairfield Hills.  The Sterns & Whalen report shows that they should be replaced and feels that when digging to put in the underground electrical system, the sewer lines should be replaced at the same time.  She also said that the POCD is usually ignored and gave the example that in the POCD there has been an item of a new school in Sandy Hook for years.  She said there should be more people involved with long term planning.

Donna Montaleoni, 4 Erin Lane, Sandy Hook, thanked Julia Wasserman for her vision, foresight, perseverance and hard work in the Town’s acquisition of Fairfield Hills.  She agreed that the property should be called Newtown Hills.  In regards to the suggestion for housing on the property, she feels it may put a strain on the educational system.  She also said that the cultural arts group discussed an amphitheater, a concert hall and an ice skating rink.  

The First Selectman said that she hopes all of these ideas are brought forth to the review committee.  

Mike Albert agrees that Fairfield Hills is a great site and that everyone should be involved.  He said if they decide to lease there should be a public survey done and that the lease options should be reviewed realistically.  

Chris McCartle, Bennetts Bridge Road, asked the Board to have the Town attorney provide a legal explanation for the evolution of the Fairfield Hills Authority and its relation to the Town Government and Charter.  

Jennifer Rodgers, 43 Flat Swamp Road from the Cultural Arts Commission asked if other candidates for the seat on their commission could be invited as auxiliary members.  She said that she thought one of the buildings in Fairfield Hills could be a Cultural Arts Center and have a space for non profit organizations to use for events and meetings.  She shared concerns over the current leasing options for Fairfield Hills and said it should be looked into.

Bob Sabin said he thought the Board all work well together and asked the First Selectman about the other to candidates for the Fairfield Hill Authority.  He noted that tension was created when the Master Plan was voted down by referendum and then approved by the Board.  He said that future items should be up for referendum.

Mr. Brennan said that he believes that any transfer of property is subject to a Town vote, referring to the Board of Selectmen voting on entering leases of Town property.  He felt that the Town cannot do anything by ordinance that was in conflict with the Town Charter.  The First Selectman said she will look into that.

Debra Zakoski, 14 Cornfield Ridge Road, explained that the description of a Strategic Plan (the vision and setting of guidelines) versus a Tactical Plan (which is shaped by the strategic plan and that is execute).  She asked that some of the language be cleared up.  The First Selectman said that the Fairfield Hills Authority has a responsibility to execute the Master Plan, but did not write the plan,

LeReine Frampton discussed the issues that not enough voters come out to vote.  She also had questions about the appointments.  The First Selectman gave her a list of appointments to date.  She also discussed the Commission on Aging and said that she helps the seniors by speaking for them and feels that they need someone to work hard and advocate for them.  

Selectman Furrier motioned to go into Executive Session at 10:35 pm.  Seconded by Selectman Rodgers.  All in favor.

  • Executive Session:  legal matters
Selectman Rodgers motioned to approve request to commence legal action against Donald Bryan, Zoning Violation.  Seconded by Selectman Furrier.  All in favor.

Selectman Rodgers motioned to approve request to commence legal action against Mr. & Mrs. Dan Holms, Zoning Violation.  Seconded by Selectman Furrier.  All in favor.