THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, May 17, 2010 in the Council Chambers, 3 Primrose Street, Newtown, CT. First Selectman Llodra called the meeting to order at 7:30 p.m.
PRESENT: First Selectman E. Patricia Llodra, Selectman William F.L. Rodgers and Selectman William F. Furrier.
ALSO PRESENT: Finance Director Robert Tait, eight members of the public and one member of the press.
VOTER COMMENTS: Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook said that there is disagreement on philosophy regarding Fairfield Hills. One view is that the proper role of government, in a small town like Newtown is to buy land, and encourage businesses to move in. Another philosophy is for government to step back and let the free enterprise system create businesses, buy the land and make their own parking. Land purchased by the town should be used for town purposes. She asked the board to help the newly appointed master plan review committee understand that the two philosophical positions separate us.
Bob Sabin, 9 Knolllwood Drive, thanked First Selectman Llodra for answering his questions from a letter earlier this year. He encouraged the board to appoint individuals from all three parties as well as unaffiliated voters to the Fairfield Hills Master Plan Review Committee. It’s a good time to put to rest a lot of the misgivings people have had over the last several years. He encouraged the board to look carefully at the applicants so the town can feel comfortable knowing the board is willing to have people represent them with all points of view. Hopefully the board will be comfortable enough to put up the master plan for referendum and the town will support it.
ACCEPTANCE OF MINUTES: -Selectman Rodgers moved to accept the minutes of May 3, 2010 as presented. Selectman Furrier seconded. Selectman Rodgers noted that under “Present” Selectman should be plural to give both Mr. Rodgers and Mr. Furrier the status. First Selectman Llodra stated that George Schmidt was identified, in item #3, Unfinished Business, as a candidate for the Fairfield Hills Master Plan Review Committee when in fact his interest is in the Board of Ethics. First Selectman Llodra clarified that there was a question at the last meeting on the resignation of Chris Berchem, an unaffiliated voter, from the Sustainable Energy Commission. Town Attorney David Grogins verified that the position is available only to an unaffiliated voter. Selectman
Rodgers also noted that the motion below Unfinished Business should include “All in favor” following Selectman Furriers second. Section 13, page 4, an ‘s’ should be added to Selectman Rodgers name. The minutes, as amended, were unanimously approved.
COMMUNICATIONS: First Selectman Llodra stated that the town is obligated to provide $38,000 of in kind services for the EPA clean up grant. The grant was applied for and granted in 2008 with a two year window and must be completed by August 2010. Mrs. Llodra said they made a commitment to talk about the degree to which public works or public money is used to continue any projects that have been done at Fairfield Hills. This grant has already been approved and is being executed now. (Att. A) Selectman Rodgers pointed out that $17,000 of the matching total is categorized as services of the Town’s Director of Economic and Community Development for project management and services that the Director of Economic and Community Development and other town personnel for conducting
public meetings and providing continuing public information and coordination. They are being very generous as to what constitutes in kind expenses. Mr. Llodra pointed out the abatement work has to be done regardless and we are fortunate the work is being funded to the extent it is by an EPA grant. The work is not being done in anticipation of the buildings being leased; there is nothing suspicious in the implementation of this grant. Mrs. Llodra said that a total of $9,540 of in kind services will be to improve the center green (Att. B). It is important to do the work, it validates and values the work the Rotary has already done and it takes an unsafe condition and makes it as safe as possible. The highway department will grade the roads; the material will be paid through the Fairfield Hills Authority. Selectman Furrier asked if this kind of information has been provided in the past. Selectman Rodgers stated that information has been
requested in the past and Fred Hurley has provided details of in kind services. Mr. Furrier is in favor of receiving the information beforehand. Mr. Rodgers confirmed that detailed information has been provided before work was undertaken at junctures in the past.
UNFINISHED BUSINESS:
Discussion and possible action:
1. The U.S. Mayors Climate Protection Agreement: Dan Holmes, 6 Farmery Road, Sandy Hook, detailed the twelve step process for lowering carbon controls in town (Att. C). There are roughly 1,000 municipalities in the country that have signed up for this agreement that the Sierra Club formed. Most of the steps are already being followed currently. It is not a binding agreement and it doesn't cost the town anything to enact the agreement. Many of the things the Sustainable Energy Commission is looking to enact will save the town money. First Selectman Llodra asked how we are doing as a town in accruing credits toward more solar panels. Mr. Holmes said it needs to be addressed as a community as much as possible, enrollments are still lacking, although there were forty more
sign ups on Earth Day. Selectman Rodgers moved to authorize the First Selectman to sign the document on behalf of Newtown endorsing the U.S. Mayors Climate Protection Agreement. First Selectman Llodra seconded. Selectman Furrier does not support the agreement because the document is about the Board of Selectmen speaking on behalf of every resident in Newtown to urge the United States Congress to take legislative action. He said these measures are very costly; it's become a very political issue. He doesn't believe it is the role of the Board of Selectman to speak on behalf of the town in urging Congress to take this kind of national action. Selectman Rodgers said that he is uncomfortable with such things that are not binding and he would rather reserve the town speaking to higher government for more specific and more directly related town issues. However, what sets this agreement apart is section C that says "we will strive to
meet or exceed (the) protocol targets for reducing global warming pollution by taking action" such as these. He doesn't believe the term "we urge" can be construed as an urging of the citizens of Newtown; we are a representative government, this is an agreement going to the Conference of Mayors, coming from the Chief Executive of the town. Mr. Rodgers said the wording of this agreement is such that he would be willing to support it. First Selectman Llodra said the twelve items are consistent with initiatives that are already in place. If this was a document that profiled actions that were inconsistent with our community values, Mrs. Llodra would not have promoted it. It is fair and representative of the core value that have been evidenced within our community and consistent with government actions over the last couple of years. Selectman Furrier said that part B "we urge the U.S. Congress to pass" legislation is
legislation that forces individuals to behave in ways they haven't chosen up to that point. It is not the purview of the Board of Selectman to urge the federal government to take that kind of legislative action. First Selectman Llodra noted she supports the agreement because she is committed to the twelve action steps identified and thinks Newtown takes the environment seriously and have committed to actions consistent with those in the agreement. Mr. Rodgers said he is not sure a case can be made that we are requesting something that is going to be a cost to people. The document is very broad. The motion passed 2-1: (YES: Llodra, Rodgers) (NO: Furrier)
2. Senior Center Fees: item will be continued to be carried as a reminder that this is work that has to be done. Not discussed.
3. Legislative Council Ad Hoc Facilities Committee request to the BOS & BOE
item will be combined with item #1 under new business and will be deferred until June 7.
4. Policy, Vending Permits: First Selectman Llodra said that once the board has reviewed and agreed upon the vending permit policy it will be sent to the Town Attorney and the Police Chief for their input. Discussion was had about the Labor Day Parade vendors and whether or not the repeat vendors should be grandfathered. Selectman Rodgers suggested not making that decision on that topic at this juncture but would like to refer the policy to the Town Attorney and the Police Chief. First Selectman Llodra said to be fair to the concept everyone has to participate in the same level of scrutiny to meet the standards we are establishing. The Vending Permit Policy will be sent to David Grogins and Chief Kehoe.
Selectman Rodgers moved to add as item #9 under New Business, discussion and possible action on insurance for farmers market activity. Selectman Furrier seconded. All in favor.
NEW BUSINESS:
Discussion and possible action:
1. Facilities Assessment: This item will be combined with item #3, Unfinished Business and be addressed at the June 7 meeting.
2. Appointments: Fairfield Hills Master Plan Review Committee: There was discussion on the size, composition and process items for the Fairfield Hills Master Plan Review Committee (Att. D) It was agreed nine members would be a good number for the committee. Selectman Rodgers clarified that although alternate members would participate in discussions but not have a vote. Alternates would be first considered to fill a full member position should a member vacate that position. First Selectman Llodra stressed the importance of having a group that can work together. Mr. Rodgers stated there are no gross inequities between the three political parties and unaffiliated voters; it is a well balanced group. Selectman Furrier moved to accept the First Selectman’s
recommendations of nine candidates (Michael Floros, Paul Lundquist, Robert Mauer, Michael Mossbarger, Ben Roberts, Nancy Roznicki, Gary Steele, Alan Shepard and Deborra Zukowski) to the Fairfield Hills Master Plan Review Committee. Selectman Rodgers seconded. All in favor. First Selectman Llodra presented two alternates. Selectman Rodgers put forth Mark Alexander for consideration as an alternate position. Selectman Furrier voiced a positive opinion of Steven zVon. First Selectman Llodra did not consider Mark Alexander because he is just coming off service on the Tick Borne Action Committee, which is a substantial group that is going to have a body of recommendations likely to be very influential in the community. Mrs. Llodra reaffirmed her alternate recommendation of Steven zVon and Dennis Kyle. Selectman Furrier moved the recommendation of Steven zVon as an alternate on the Fairfield Hills Master Plan Review Committee. First Selectman Llodra seconded. Motion passed 2-1
(YES: Llodra, Furrier), (NO: Rodgers) Selectman Furrier moved the recommendation of Dennis Kyle as an alternate on the Fairfield Hills Master Plan Review Committee. First Selectman Llodra seconded. Motion passed 2-1 (YES: Llodra, Furrier), (NO: Rodgers) Selectman Rodgers moved to consider Mark Alexander as an alternate. Motion was not seconded. An end time of December will be established for the committee. The board will meet with the newly formed committee on June 7 at 7:00 p.m. to deliver the charge Selectman Rodgers moved to designate Mark Alexander as first alternate should one of the chosen alternates decide not to serve. Selectman Furrier seconded saying this doesn’t deviate from the original composition of nine members and two alternates, it merely designates him first back up in the event one of the alternates chooses not to participate. First Selectman Llodra doesn’t
want to get into a rank ordering of the persons not included, if there are concerns once the members are notified then the board can reconvene or have a special meeting at that point. Mr. Rodgers proposed if one alternate declines the position then the group composition would be nine members, one alternate; if both declined the group would be nine members, no alternates. Selectman Rodgers withdrew his motion and moved that in the event either, or both, alternates decline to serve that the board not substitute another alternate. Selectman Furrier stated if people need to resign for personal reason there would be a shrinking committee and agrees that the committee should be there from the beginning to the end. Selectman Rodgers withdrew the present motion and moved the initial motion that Mark Alexander be designated as a person to serve as an alternate should one of the selected alternates not agree to accept the appointment. Selectman
Furrier seconded and asked if this motion includes the period between now and June 7. Selectman Rodgers confirmed that is the case. All in favor. Board of Ethics: First Selectman Llodra announced this appointment will be acted on during the June 7 and apologized for the delay. Municipal Agent for the Elderly: Selectman Rodgers moved the appointment of Ann Piccini as the Municipal Agent for the Elderly for a term to expire 07/01/11. Selectman Furrier seconded. All in favor.
3. Resolution: Selectman Rodgers moved the Town of Newtown be authorized to enter into an agreement with the State of Connecticut, Department of Public Safety; for use of the 911 database in order to update the Code Red system. Selectman Furrier seconded. All in favor. Selectman Rodgers moved that E. Patricia Llodra, as First Selectman, be authorized to sign all documents in connection with agreements referred to herein and that is necessary to carry out the first resolution. Selectman Furrier seconded.
4. Resolution: Mr. Tait explained this is an accounting process where the original appropriation amount is reduced by the amount the was not expended. (Att. E). First Selectman Llodra stated that closing out these projects on the books does not mean that there is money that has been appropriated that hasn’t been spent; the only amount bonded was what was needed to be spent for the project. The projects are completed, the bonds are closed. Selectman Rodgers moved the resolution entitled “Resolution With Respect To The Close-Out of Various Capital Projects And Reducing The Appropriations And Authorized And Unissued Amounts For Such Projects”, a copy of which is attached hereto, (Att. F). Selectman Furrier seconded. All in favor.
5. Set Date and Time of Special Town Meeting: Selectman Rodgers moved that a Special Town Meeting be held in the Council Chambers of the Newtown Municipal Center on June 7, 2010 at 6:50 p.m. for the purpose of acting on the resolution with respect to the close out of various town projects. Selectman Furrier seconded. All in favor.
6. Letter of Memorandum Regarding Medical Insurance: First Selectman Llodra presented a memorandum relative to the conditions and expectations related to the development of a medical self insurance fund for the Newtown Board of Education and the Town of Newtown. The items outlined in the memo have been developed and agreed to by the Town Financial Director, Mr. Robert Tait, and the Board of Education Business Manager, Ms. Diane Raymo. (Att. G & H) First Selectman Llodra noted that self insured plans were abandoned in the past because of concerns of fund management. Selectman Rodgers suggested we be diligent about constantly checking the market place. Mr. Tait said they will test the waters on third party administration fees, looking for competitive fees to reduce costs. Selectman Rodgers moved to accept the letter of memorandum and moved the request for the development of an ordinance be forward to the Legislative Council with the suggestion that Town Attorney David Grogins
produce an initial draft. Selectman Furrier seconded. All in favor.
7. Road and Drainage Agreement: Selectman Furrier moved the Road Work Acceptance, Road & Drainage Work Agreement, Cold Spring Road, “Plaza South”, T. P. Properties and to reduce the bond from $31,000 to $6,200 which represents a 20% maintenance bond to be held for one year. Selectman Rodgers seconded. All in favor.
8. Maintenance Bond Release: Selectman Furrier moved to release the maintenance bond for road and drainage work for Castle Meadow Road, Samuel Newman Subdivision in the amount of $13,000. First Selectman Llodra seconded. Motion passed, YES: Llodra, Furrier ABSTAINED: Rodgers due to a professional connection in the distant past.
9. Farmers Market Insurance: First Selectman Llodra explained that the Farmers Market has been located in Sandy Hook for many years and there is now an interest to go into an area with more traffic. To hold the farmers market on town property a certificate of insurance is required, which is a costly per day fee. Mr. Tait spoke with the town insurance broker about the risk of having the market on the towns liability policy. There is a risk, although low. The general consensus of the board is to allow this for now, at least for one.
ANNOUNCEMENTS: First Selectman Llodra stated the last date to submit a letter of interest on the vacancy on the Fairfield Hills Authority is June 21, with an anticipation of an appointment to be made at the first meeting of July. The vacancy is open to a republican or an unaffiliated voter. Randy Grabowsi has resigned from the Conservation Commission because of work commitments. June 21 will be the last day to apply for that vacancy that is open to a republican or an unaffiliated voter.
VOTER COMMENT: Ruby Johnson, 16 Chestnut Hill Road, Sandy Hook thanked the board for all that was done tonight. She asked the board to help the newly formed Fairfield Hills Master Plan Review Committee with long range planning by contacting the Legislative Council. First Selectman Llodra responded that the work of the Fairfield Hills Master Plan Review Committee and the Plan of Conservation and Development have to be integrated in a meaningful way.
First Selectman Llodra announced the board would move into a non-meeting for the purpose of discussing a collective bargaining agreement.
ADJOURNMENT: Having no further business, the Board of Selectmen adjourned their regular meeting at 10:00 p.m.
Respectfully Submitted,
____________________________
Susan Marcinek, Clerk
Att. A: EPA Grant information
Att. B: Detail of in kind services at Fairfield Hills
Att. C: The U.S. Mayors Climate Protection Agreement
Att. D: Fairfield Hills Master Plan Review Committee document
Att. E: Capital Project report
Att. F: Close out of Various Capital Projects Resolution
Att. G: Letter of Memorandum Regarding Medical Self Insurance
Att. H: Calculation of the Estimated Contribution to a Self Insured Medical Benefit Plan
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