THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, June 21, 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, Public Works Director Fred Hurley, three members of the public and two members of the press.
VOTER COMMENTS: none.
ACCEPTANCE OF MINUTES: Selectman Rodgers moved to approve the minutes of the Board of Selectman meeting of June 7, 2010 as presented. Selectman Furrier seconded. All in favor.
COMMUNICATIONS: First Selectman Llodra shared the town is the recipient of the 2010 CT Clean Fuel Program due to the excellent follow through of Tim Whelan of the highway department.
ITEMS ADDED TO AGENDA: Selectman Rodgers moved to add the referral of the Middle School roof replacement project to the Public Building and Site Commission as item #5. Selectman Furrier seconded. All in favor.
Selectman Furrier moved to add for consideration the wireless telecommunications proposal regarding the Meeting House as item #6. Selectman Rodgers seconded. All in favor.
Selectman Furrier moved to add action on the release of two driveway bonds as item #7. Selectman Rodgers seconded. All in favor.
Selectman Rodgers moved to set the date for a Special Town Meeting for June 28, 2010 at 7:00pm as item #8. Selectman Furrier seconded. All in favor.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Senior Center Fees: item will be continued to be carried as a reminder that this is work that has to be done.
2. Plan of Conservation and Development: First Selectman Llodra suggested inviting Land Use representatives to the Board of Selectmen meeting of July 19 so the board can start the review process. Following that will be the IT department and then go department by department.
3. Discussion on meeting with pension committee: First Selectman Llodra suggested the pension committee come to the Board of Selectman meeting of July19 to discuss the request made of the board: to modify the expected rate of return from 8% to 7.75%; to allow a redistribution of asset classes and to discuss interest in a RFP or RFQ to test the marketplace regarding which of the many advisors we should be using.
NEW BUSINESS:
Discussion and possible action:
1. Valley Council of Governments Brownfields Revolving Loan Fund: First Selectman Llodra explained that this grant will be used to continue the abatement of the duplex area at Fairfield Hills. Selectman Rodgers moved that the First Selectman be authorized and directed to execute and file an agreement with the Valley Council of Governments for financial assistance in an amount not to exceed $75,000 and that further actions pursuant thereto as may be required to effect the same in accordance with the resolution, the reading of which to be waived. (Att. A). Selectman Furrier seconded. All in favor.
2. Transfers: Mr. Hurley explained that $73,000, Contractual Overlays is for the two roads, Meadowbrook and Hattertown, that were paved, $7,000 in Capital Road Improvement is specific change orders approved by the Town Engineer on the Cold Spring Bridge. Meadowbrook is complete; the lower portion of Hattertown is in the process. Selectman Furrier moved to transfer $80,000 from 01570-2000, Contingency to 01500-4064, Contractual Overlays, $73,000 and to 01500-5081 Capital Road Improvement, $7,000. Selectman Rodgers seconded. All in favor. Mr. Hurley explained the second transfer involves transfer station overtime due to additional time required to set up the E-Recycling program and also to staff the hazardous waste day, which was fully staffed and held in Newtown.
The hazardous waste day will be an annual event. E-Recycling is now set up; we will not have additional needs. Selectman Rodgers moved the $3,500 transfer from 01515-4025 Contractual Services to 01515-1003 Overtime. Selectman Furrier seconded. All in favor.
3. Refer Animal Control Facility to Public Building and Site Commission: Selectman Rodgers moved to refer the Animal Control Facility to the Public Building and Site Commission for their view and management of the construction of the facility. Selectman Furrier seconded. All in favor.
4. Legislative Council Finance Committee CIP recommendations: First Selectman Llodra explained that the CIP Recommendations – Feb. 8, 2010 (Att. B) document is from the Legislative Council Finance Committee. The second document is the Review of CIP Recommendations – Feb. 8, 2010 (Att. C), authored by Jim Gaston of the Board of Finance. Selectman Furrier doesn’t think it is the responsibility of the Board of Selectman. First Selectman Llodra said it is a shared responsibility between the Board of Selectmen, the Board of Finance and the Legislative Council. It is confusing and not accurate to say that one body has all of the authority. Selectman Rodgers said that it would be accurate if the word “ultimate” was changed to “final” or
the word “fiscal” was changed to “budgetary”. First Selectman Llodra stated that she and the Finance Director are in the process of developing a documentary process for tracking capital projects. Referring to item #3 First Selectman Llodra said that Mr. Gaston believes having Legislative Council members participate with the Board of Selectmen and Board of Finance during CIP deliberations violates the separation of powers. Selectman Rodgers agrees with Mr. Gaston. Selectman Furrier agrees that separation of powers is the fundamental premise of American government. First Selectman Llodra agrees saying it is not appropriate for the way the government is structured to have members of the council participate with the other boards in CIP deliberations. Item #5 calls for the Finance Director to discuss plans for bonding with the LC before the Board of Finance. Selectman Furrier said that would require a Charter revision. Selectmen Rodgers said a revision would not be necessary
because the word is “shall” and not “must”. First Selectman Llodra noted that the LC is informed and engaged in the bonding. Item #6 suggests projects be bonded separately. Mr. Tait said it could be done, some projects won’t be brought to a Town Meeting. Selectman Rodgers thinks the language contains proposals already spoken to in charter revisions; regulation should not trump charter. First Selectman Llodra said she would share the thoughts with the LC Finance Committee. Selectman Rodgers suggested that recommendations not come from a committee of the council but from the full council. First Selectman Llodra noted that specific projects can be bonded, as opposed to collapsing projects into one.
5. Refer Middle School Roof Replacement Project to PBSC: Selectman Furrier moved to refer the Middle School roof replacement project to the Public Building and Site Commission for the planning and construction phases of the project. Selectman Rodgers seconded. All in favor. First Selectman Llodra noted that Gino Faiella will be the point person on that project.
6. Wireless Telecommunications proposal, Meeting House: First Selectman Llodra explained that MetroPCS would like to extend the agreement with the addition of one antenna. Selectman Furrier moved that pursuant to section 16 of the Prime Lease, the Board of Selectman approve proposed alteration and attached lease drawings. Selectman Rodgers seconded and disclosed that his best friend represents companies seeking to install wireless within churches but is not aware if he is involved in this. All in favor.
7. Driveway Bonds: Selectman Rodgers moved the release of driveway bond, M45, L3, L12 for Richard Lapati, 10 Johnny Appleseed Drive in the amount of $1,000. Selectman Furrier seconded. All in favor. Selectman Furrier moved the release of driveway bond, M20, B7, L40 for Kim Uniacke, 68 Parmalee Hill Road in the amount of $1,000. Selectman Rodgers seconded. All in favor.
8. Set Date for Special Town Meeting: First Selectman Llodra noted that the special Town Meeting was originally scheduled for tonight however the notice requirement was not met. The items on the agenda for the special Town Meeting deals with communications with respect to the special appropriation in the amount of $4,257,690 for the roof replacement at the Newtown Middle School; the second item is for the special appropriation for the Middle School roof. The third item is in respect to the close out of various capital projects; the fourth is to act on the resolution with respect to the close out of various capital projects. The final item is to transact any other business to come before the meeting. Selectman Furrier moved the date for the Special Town meeting as Monday, June
28, 2010, 7:00pm at the Municipal Center. Selectman Rodgers seconded. All in favor.
ANNOUNCEMENTS: First Selectman Llodra stated that there was a dispatcher resignation and we are now advertising to fill that position. Update on vacancies: June 21 is the last date of interest for the republican or unaffiliated position on the Fairfield Hills Authority and the republican or unaffiliated position on Conservation; those vacancies will be filled on July 6. July 6 is the last date of interest for the democrat or unaffiliated position on the Fairfield Hills Authority, a republican or unaffiliated position on Commission on Aging and a republican or unaffiliated position on the Economic Development Commission. There is a democrat or unaffiliated vacancy on the Conservation Commission. Two alternate positions on the Design Advisory Board have been approved by the Legislative
Council. The two positions should be filled by persons not of the same political party.
VOTER COMMENT: Robert Mitchell, Public Building and Site Commission Chair informed the board there is a conflict between the Charter and the Code in that the Charter has the Board of Selectmen recommend projects but the Code allows the Board of Selectmen or direct recommendation from the Board of Education. This will be discussed at the 6/22 meeting of the Public Building and Site Commission so they can make a recommendation to the town as to what is the most appropriate way to have projects recommended. First Selectman Llodra believes projects that are associated with municipal buildings or municipal land should come through the Board of Selectmen. Selectman Furrier said that in the past, in regards to school projects, they worked with the customer under the direction of the Board of
Education or Fred Hurley, with the Board of Selectmen as the ultimate authority. First Selectman Llodra said that Gino Faiella is the lead person on the school projects but the Board of Selectmen is responsible for municipal buildings and schools. Selectman Rodgers said these are town buildings and town assets, with the Board of Selectmen being ultimately responsible. He also said if there is a conflict between the Charter and Code that Charter trumps Code.
Joe Borst, 10 Beechwood Drive, Sandy Hook asked for permission to contact the Town Attorney regarding an item from his administration he would like to follow up on. First Selectman Llodra noted that she would contact the Town Attorney on the matter. Mr. Borst also questioned the wording of the executive session. First Selectman Llodra stated that the way it is posted on the agenda meets the requirements of FOI.
Executive Session: Land Use litigation, Sandy Hook: Selectman Rodgers moved to enter executive session for the purpose of land use litigation and discussion. Nobody was invited to attend. Selectman Furrier seconded. All in favor. Executive session was entered at 8:30pm and returned to regular session at 8:37pm with the following motion: Selectman Rodgers moved to approve legal action against 3 Cherry Street, Sandy Hook relative to Land Use matters. Selectman Furrier seconded. All in favor.
ADJOURNMENT: Having no further business, the Board of Selectmen adjourned their regular meeting at 8:45 p.m.
Respectfully Submitted,
____________________________
Susan Marcinek, Clerk
Att. A: Resolution: Valley Council of Governments
Att. B: CIP Recommendations – Feb. 8, 2010
Att. C: Review of CIP Recommendations – Feb. 8, 2010
| 
