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09-07-10
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Last Updated: 2010/9/9
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN

The Board of Selectmen held a regular meeting on Tuesday, September 7, 2010 in the Council Chambers, 3 Primrose Street, Newtown.  First Selectman Llodra called the meeting to order at 7:30 p.m.

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, Public Works Director Fred Hurley, Deputy Director of Land Use Rob Sibley, Parks & Recreation Director Amy Mangold, members of the Parks and Recreation Commission, members of the Economic Development Commission, twenty-five members of the public and two members of the press.

CHANGE IN THE ORDER OF AGENDA ITEMS:  Selectman Furrier moved to switch item #7 and item #4 under New Business.  Selectman Rodgers seconded and added that this only needs to be stated, not voted upon.  All in favor.

VOTER COMMENTS:  Carol Marchetti of Eichlers Cove said she was concerned that she needed to wait until October to know where she stood with her contract and is concerned about boaters not being grandfathered in.  She said her day begins at 7a.m. and ends at 10p.m., she is the security, questions everyone that comes onto the property and walks the docks a couple of times a day and knows all the customers.  She asked the Selectmen to consider the faithful customers who are willing to pay that additional premium.
Jeff Martinek, Scenic Hill Lane, Monroe has been at the marina for fourteen years and thinks it would be unwise to let Carol Marchetti go.  There are safety issues, someone needs to man the facility, someone that knows boating and safety, not just an automated system.  A marina is not a boat slip, a park or a parking lot, it’s a community of people.  Think about the long term goal.
Frank Iaccarino, 252 Cook Hill Road, Wallingford, has been coming to Eichlers Cove over 35 years.  He had a problem inside the boat that the Marchetti’s took care of; you won’t get that with a security gate and cameras.  
Paul Balsano, 296 Fan Hill Road, Monroe has been coming to Eichlers Cove since the 1980’s, his kids grew up there and feels lucky to have Carol and Bill Marchetti watching out for him all the time.  He was never grandfathered in and has paid increases over the years.  The improvements have been great.  Current customers have brought business into the marina and promoted it.  He asked the Selectman to consider grandfathering in those that have supported the marina in the past.
Fred Porrello, 61 Red Hill Road, Branford lives four minutes from the ocean but chooses to come to Eichlers Cove.  If anything happens at the marina everyone chips in to help, Carol’s family all helps.  The marina is a family, a group and he would like to keep it that way.
Ed Giovannini, Jr. 105 Coventry Lane, Trumbull grew up on Eichlers Cove.  He said when looking at this as a budget item a lot of the details are missed.  Carol Marchetti was able to identify someone involved in an issue because of her knowledge of the lake and its boaters.  A security guard wouldn’t have been able to prevent the incident or identify the person.  The sense of community is more than a line item on a budget.  It would be wrong to not let the long time people of Eichlers Cove continue on with grandfathered slips.  It would be a mistake to not have the Marchetti’s continue on and it would be mistake to not allow out of town boaters.
Eric DaSilva, 1 Pinnacle Drive, Newtown said it may be premature to decide tonight on the management of the marina.  He asked about the liability if the Town took over the management Eichlers Cove.  Instituting a gate and cameras is not an adequate way to secure the property and he feels the property will become a target for vandalism.  
Audrey Locorotondo, 3 Melody Lane, Newtown has been at Eichlers Cove for five years.  Her family uses the lake and the picnic area.  She allows her 19 year old son to take the boat out feeling confident that Carol is there.  Carol was one of the deciding factors when joining the marina because she walked them around, explained everything.  How are you going to increase the Newtown membership with a gate?

ACCEPTANCE OF MINUTES:  Selectman Furrier moved to approve the minutes of the Board of Selectman meeting of August 16, 2010 as presented.  Selectman Rodgers seconded.  All in favor.  

COMMUNICATIONS:  First Selectman Llodra said that the Board of Education Chairman Bill Hart asked the board to participate in a study for review of Dr. Chung’s report on school enrollment.  Representatives from the Board of Education, Board of Selectmen, Legislative Council and the Board of Finance will be included in the group.  Mr. Furrier said he would like to participate.  First Selectman Llodra said it is time for a town wide municipal facility study.  There will be many layers and an opportunity for each board member to participate.  Mr. Tait detailed the visit to Standard & Poors rating agency.  $10,000,000 worth of bonds will be refunded on 9/16/10 for a $600,000 savings in interest payments.  The higher the rating the lower the interest rate. Newtown received a rating of AA+ with a stable outlook.  The financial management assessment score of strong is the highest score given.  The savings from the refunding will be applied to next year.  First Selectman noted she has received emails regarding Eichlers Cove and the Tick Borne Diseases Action Committee.

UNFINISHED BUSINESS:    
Discussion and possible action:
1.  Parks & Recreation, Eichlers Cove Report:  Vincent Yanni, Jan Brookes, Maureen Crick Owen, Ed Marks and Amy Mangold were present.  It was agreed there has to be more discussion on grandfathering current slip owners.  Mr. Marks said they wanted to encourage greater use by Newtown residents without excluding people who are out of town.  Mr. Rodgers would like to see a roster of members and their longevity.  The cost of security was discussed; the figure was estimated using New Milford’s numbers.  The survey showed that flush toilets and shower facilities scored higher than 24 hour access to the boats.  First Selectman Llodra asked about the use of a security system and the cameras in conjunction with an onsite person.  Mr. Yanni said that there was limited discussion because they were unsure of liability as well as the possibility of having to bid an outside contractor position.  Mr. Marks said an assessment has not been done on the house on the property.  First Selectman Llodra asked if any conversations had taken place with the Chief of Police regarding the readiness of the police department to be responsive to that area.  Selectman Furrier pointed out that the police are not in the center of town, they are mobile and all over town.  Mr. Rodgers asked if there were compromises that could be made, maybe the present management can shift, in a phased manner, to non-residential management, with an agreed upon deadline.  First Selectman Llodra thinks vision is well crafted; it represents what will end up being the best possible service that can be provided to those that use Eichlers Cove but has a problem with the transition.  All attributes of grandfathering have to be explored.  Mr. Rodgers suggested a series of meetings between the committee and the present management; he would like to see a mutually acceptable resolution.  He suggested the desires of both parties be identified as to what is presently in the scope of the contract.  First Selectman Llodra is looking for incremental change toward the direction that we want to move in; she believes the direction is the right direction; the challenge is to get from where we are to that outcome.  Selectman Furrier said that the board needs to be equal in the way we approach long term planning so it applies to all residents of Newtown; he thinks this plan does address that by opening up the facility, enlarging it and making it easier to access.  First Selectman Llodra said this will be continued at the first Selectmen meeting in October, notifying Carol Marchetti, who was in attendance, that there are no promises as to the outcome of this discussion.   
2.  Implementation Plan - Plan of Conservation and Development:  No action taken.
3.  Policy on Surveillance Cameras:  First Selectman Llodra asked for an effective date of Nov. 1 because the person responsible for the oversight of the system will need to be trained.  After discussion on the wording of the policy Selectman Rodgers agreed to make recommendations at the next meeting.  No action taken on this item.
4.  Use of Municipal Space:  First Selectman Llodra asked the board to take a look at the draft policy with a plan for action at the next meeting.

NEW BUSINESS:
Discussion and possible action:
1.  Request of Dodgingtown Fire Department:  Mr. Bolmer explained that due to new fire apparatus and new standards an addition was required to the existing fire department.  He said that under the private road policy the fire department would pay for half the paving.  First Selectman Llodra said it would not be appropriate to pave the driveway under that policy.  She said it is not unusual for the town to help the fire departments.  Mr. Tait confirmed the money could come from the highway budget.  Selectman Furrier moved to authorize the expenditure of up to $4,500 from account 01500-2033 Patching Materials for the purpose of purchasing materials for the paving of area number one of the Dodgingtown Fire Department.  Selectman Rodgers seconded.  All in favor.  A highway crew will be used for the paving.
2.  Driveway Bond:  Selectman Rodgers moved to extend the driveway bond for Gordon Anderson, Butternut Ridge for six months.  Selectman Furrier seconded.  All in favor.
3.  Economic Development Commission – Newtown Business Survey:  Don Sharp and Margaret Oliger of the Economic Development Commission presented the survey that will be online September 15, asking the board to sponsor the postcard mailing to 1700+ businesses in town.  The survey will let the EDC know what businesses think should be done in town and what they need from the town and the EDC specifically.  The town is paying for the mailing.  Selectman Rodgers suggested the wording "The Board of Selectmen supports this effort and the Town sponsors this mailing."  Selectman Furrier moved that the Board of Selectmen resolve to support the Economic Development Commissions town wide business survey 2010.  Selectman Rodgers seconded.  All in favor.
4.  CIP:  (Att. A & Att. B) Public Works - Mr. Hurley explained that the change of the priority of bridge work was the recommendation of the town engineer.  There is one bridge per year until year five when there are three bridges.  Fairfield Hills - Mr. Motyka and Dr. Reed were present.  Mr. Motyka believes the highest priority is to provide utilities to encourage businesses to come in.  First Selectman Llodra said there is no evidence that there is an interest in economic development on the campus.  She said there is an opportunity immediately in front of us in Kevin's Community Center.  Mr. Motyka said we are giving up some of the income stream that the plan always counted on.  First Selectman Llodra said there is not enough money to do the infrastructure in the duplex area and to bury the lines in the loop.  Public Safety - Mr. Cragin and Mr. Burton were present.  First Selectman said that one possibility is to replace the equipment with a combined strategy of bonding and the use of capital non-recurring.  Mr. Tait said you can plan an item five years ahead of time and put $100,000 each year into the budget for that specific item.  This is viewed favorably by bonding agencies because they prefer to see municipalities partially fund capital items with cash rather than bonding over twenty years; it is good practice.  Sandy Hook Streetscape – the $200,000 annual amount will be extended to year five.  Parks & Recreation - Amy Mangold was present to discuss the cost of the spray ground, playground and bath house.  Land Use – Rob Sibley was present to request $1,000,000 for open space.  Selectman Rodgers moved to adopt the CIP the two page document draft that the First Selectman has labeled “my recommendations” to include copying the prioritization of the prior year.  Selectman Furrier seconded.  All in favor.
5.  State of CT Dept. of Emergency Mgmt. & Homeland Security resolution:  Selectman Rodgers moved to resolve that E. Patricia Llodra, as First Selectman of the Town of Newtown, is authorized and directed to execute and deliver any and all documents on behalf of the Board of Selectmen and do and perform all acts and things which she deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to , executing and delivering all agreements and documents contemplated by such documents.  Selectman Furrier seconded.  All in favor.
6.  Consulting Agreement – Regionalization Study:  Selectman Rodgers moved that the First Selectman be authorized to enter into the contract dated September 1, 2010 between George J. Pohorilak and various other parties to include the Town of Newtown.  Selectman Furrier seconded.  All in favor.
7.  Hazard Mitigation FEMA grant resolution:  Mr. Sibley explained it is necessary for any municipality to have in place a hazard mitigation plan in order to apply for grants associated with planning and emergency response.  Selectman Rodgers moved that Pat Llodra, the First Selectman of the Town of Newtown be empowered and authorized to execute and deliver in the name and on behalf of this Town of Newtown for the Hazard Mitigation Assistance Grant, certifies the town funding resources associated with the town portion of the grant exist.  Selectman Furrier seconded.  All in favor.
8.  2009-2010 Year End Transfers:  Selectman Rodgers moved to approve 2009-2010 year end transfer precisely as detailed in a memo from Robert Tait dated August 28, 2010 and sent to members of the boards of Selectmen and Finance and members of the legislative council.  Selectman Furrier seconded.  All in favor.
9.  Appointments:  First Selectman Llodra noted that there is an open position available on the Economic Development Commission.  October 4 is the last day for interested parties to apply, with an appointment date of Oct. 18. In addition there is a democrat/unaffiliated vacancy on the Economic development Commission, the final date for applications is September 13 with an appointment date of September 20.  There are long term vacancies on two boards, one republican/unaffiliated vacancy on the Hattertown Historic District and one open alternate position.  There is an unaffiliated vacancy on the Sustainable Energy Commission and one open position.
10. Tax Refunds:  Selectman Furrier moved September refund #3 in the amount of $29,650.47.  First Selectman Llodra seconded.  Selectman Rodgers recused himself.  Motion passed.
VOTER COMMENT:  none

11. Executive Session:  Selectman Rodgers moved to enter executive session for the purpose of litigation relative to Newtown Youth Academy.  Nobody was invited to attend.  Selectman Furrier seconded.  All in favor.  Executive session was entered into at 11:20pm and returned to regular session at 11:40 a.m. with the following motion:  Selectman Rodgers moved to approve the stipulated agreement related to Newtown Youth Academy litigation as presented by E. Patricia Llodra to the Board of Selectmen on September 7, 2010.

ANNOUNCEMENTS:  none.
ADJOURNMENT:  Having no further business, the Board of Selectmen adjourned their regular meeting at 11:41p.m.and entered into a non-meeting for the purpose of discussing negotiations.

Respectfully Submitted,                                                         

____________________________
Susan Marcinek, Clerk

Att. A:  First Selectman CIP recommendations
Att. B:  CIP
Att. C:  2009-2010 Year End Transfers