THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, November 15, 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: Deputy Director of Planning and Land Use Rob Sibley, fourteen members of the public and two members of the press.
VOTER COMMENTS: Robin Fitzgerald, 24 Old Farm Hill Road said she is outraged by the double standard with which the Board of Selectmen considers the meaning of fiscal responsibility. She spoke about the implementation of full day kindergarten, Fairfield Hills and Kevin’s Community Center (att. A).
Karen Pierce, 10 Chestnut Hill Road, Sandy Hook has concerns regarding the First Selectwoman taking a stand on the Board of Education and the kindergarten issue. She feels the Board of Finance taking a stand on this put us on a slipper slope in relationships between boards and their jurisdiction. The community should decide if they want their ballot bifurcated. The voter turn out isn’t higher because people don’t think their vote matters; they think that decisions that are made and committees and boards are already predetermined.
Ruby Johnson, 16 Chestnut Hill, Sandy Hook said that the First Selectman presented her proposal for the reuse of the duplexes to the Fairfield Hills Master Plan Review Committee. The CIP includes $350,000 infrastructure for Fairfield Hills. Kevin’s Community Center is no longer just taking Newtown residents; the taxpayers of Newtown will be putting up the infrastructure to help anyone in the state that wants to come to Kevin’s Community Center. We need to know what the state required of Newtown when giving the grant. The ambulance has asked for space at Fairfield Hills and the Police Commission says they need to be highly visible if at Fairfield Hills. The Fairfield Hills Master Plan Review Committee is doing a lot of detailed studies. Shouldn’t the school and
municipal space needs study be done simultaneously?
Bob Eckenrode, 7 Wildcat Road is the president of the Newtown Forest Association and is happy a presentation will be made on open space. The Newtown Forest Association is the largest private property and land owner and is proud to take care of the natural resources. Conservation has been very supportive. They are involved in regional efforts that have impacts throughout Fairfield County. He supports initiatives where we can all work together as a group to have a greater positive impact on our natural world around us.
ACCEPTANCE OF MINUTES: Selectman Furrier moved to accept the minutes of November 1, 2010. Mr. Rodgers seconded for discussion saying the last sentence on page one should indicate his mistake was in what item #8 was. The sentence should read “Mr. Rodgers realized he was mistaken in thinking he needed to recuse himself because he mistook which item comprised item #8.” The minutes as corrected were accepted unanimously.
COMMUNICATIONS: Mr. Furrier submitted his views on a proposal considering housing reuse in the FFH Master Plan (att. B). He requested the need to examine housing reuse at Fairfield Hills and all its consequences be added to an upcoming meeting agenda. Mr. Rodgers stated himself and the First Selectman have been reluctant to speak about the housing proposals out of respect for the master plan review process. However he felt compelled to speak at this juncture saying the town purchased Fairfield Hills so it wouldn’t be developed. The realtor, when retained, was warned there was a master plan that did not allow housing at present; that the master plan was under review. The Board of Selectmen recognized thoughts and possibilities were being collected so that the review
committee could review with both the practical and the theoretical in mind. He said we are not at the stage where a decision about housing should be made in regards to one proposal on the table. Housing in the middle of a mixed use development makes no sense. Mr. Rodgers stated it is untrue that the Fairfield Hills Authority, by being outside the charter, renders Fairfield Hills decisions outside the public scope. The Fairfield Hills Authority administers the master plan; the plan is currently under review in a public process. Mr. Furrier said that the ultimate power over Fairfield Hills is the Board of Selectmen. If housing were to be permitted in the master plan it would be beyond the control of the authority and within the control of the Board of Selectmen. First Selectman Llodra has been resistant that the Board of Selectmen, as a board, should weigh in on the housing question. It is a disservice to the review committee to weigh
in, as a board, on Economic Development and housing at Fairfield Hills. Any formal action that directs the Fairfield Hills Review Committee doesn’t allow them the space and time they need to make a fair assessment. Until the work of the Fairfield Hills Master Plan Review Committee is done any comments reflect the personal opinion of members of the Board of Selectmen and not of the board itself. First Selectman Llodra presented information on the state Department of Transportation Designation of Scenic Road for state roads. At a previous meeting the approval of the use of Public Works personnel was discussed relative to the paving of a portion of the Dodgingtown Firehouse driveway. The fire department has come up with resources to buy additional materials to pave a larger area and will need the personnel for two days instead of one. A letter from the First Selectman was sent to the Lakeview Terrace area residents saying the town would
participate in the upgrading of those roads in a shared relationship. (Att. C)
FINANCE DIRECTOR REPORT: First Selectman Llodra said that medical insurance fund looks like it will be in good shape based on the first quarter experience.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Town of Newtown Employee Handbook, Non-Union: No action, item with the town attorney.
2. Use of Municipal Space: No action, item with the town attorney.
3. Implementation Plan – Plan of Conservation and Development: This item is carried as a reminder there is a commitment to this.
4. Space Needs Planning Document: Mr. Rodgers said that the First Selectman was not passing judgment on the merits of a full day kindergarten program or the merits of school determinations or uses in the letter to the Board of Education (att. D) First Selectman Llodra stated the reason the school facilities group is meeting first before the town facilities group is because town will be accepting the results of the school facilities assessment as a starting point. Repurposing of a school facility will not be considered unless it is the recommendation of that group. She confirmed that she has heard from the public that there is a need for coordinated town wide planning. We are doing the best we can with limited resources and time trying to impose a plan to structure the whole
municipality as we look at the diverse facilities. First Selectman Llodra explained that the town received a $500,000 grant to establish Kevin’s Community Center within Newtown Hall. In February 2009 Danbury Hospital decided not to come to Newtown. In May 2009 Fairfield Hills Authority passed a motion that supported modifying the state grant identifying a duplex for KCC rather than Newtown Hall. In June 2009, the Board of Selectman passed the same motion. In September 2009 the state issued a modified grant removing Newtown Hall from the language of the offer. The money cannot be transferred to another location; it is specific to Fairfield Hills. The grant was never intended to bring infrastructure to the area; it was intended to provide the infrastructure for the building. The grant specifies the understanding that Kevin’s Community Center will continue to provide the service of a free medical clinic for a period of ten years. If that should not happen after five years the
town is responsible to pay back 50% of the grant. If Kevin’s Community Center should cease to exist another medical clinic of similar service could take that space and no payback would be required. The clock starts once the grant is executed. The service area of Kevin’s Community parallels our health district, serving Newtown, Bridgewater and Roxbury. First Selectman Llodra said the Fairfield Hills Authority would prefer to complete the loop around the Municipal Center area in the first year of the CIP. The Board of Selectmen chose to invest in the infrastructure to the duplex area because it makes that area more viable. Mr. Furrier said the community has an issue with perception in regards to the letter on space needs to Bill Hart and also with the infrastructure at Fairfield Hills. He took the letter to mean something specifically knowing there is a push to study the idea of closing a school; there was a predetermined
conclusion that we are going to close a school. He perceived the letter to be telling the Board of Education not to consider a full day program until we decide about a school closing and how they should run their programs. First Selectman Llodra said she believes every single option should be put on the table and trusts the community to make the best decision that will serve the greatest good of this community. Mr. Furrier said certain individuals have expressed concern to him about spending money on infrastructure solely for Kevin’s Community Center. He thinks we could do a better job on explaining the return on investment. Mr. Rodgers stated that unfortunately, it was virtually impossible for the letter, with a process point, to not be interpreted as a substantive statement on kindergarten and school closure. He stated he is not in favor of an aggressive program expansion in the current environment saying even that is a separate statement
from the process.
NEW BUSINESS:
Discussion and possible action:
1. Open Space presentation by Rob Sibley: Mr. Sibley presented a slide show detailing Newtown’s Open Space program (att. E). Progress is being made in identifying parcels that help to link greenways to have continuous flow of open space. Parks & Recreation is considering the pocket park system, a system of passive recreation with the opportunity to enjoy the scenic beauty of the town. The public will have access to open space parcels via the municipal website once the website is updated and up and running. Mr. Rodgers suggested that some sort of top down direction from the Board of Selectmen might be helpful to the various entities who are working on open space acquisitions. Open space is sometimes thought of as a luxury; we need to be mindful of that if we don’t want to stall during a tough environment. He would like it to be placed on a future agenda for consideration.
2. Reappointments: First Selectman Llodra noted there was a mistake in the record at the last reappointment of Anne Peters. Her term does not expire in January 2011, it expires in January 2012. Mr. Rodgers moved to correct the record to reflect the correct term of Anne Peters of the Inland Wetlands Commission to expire January 7, 2012 and to authorize the First Selectman to communicate the correction to Ms. Peters. Mr. Furrier seconded. All in favor. Selectman Furrier moved the reappointment of Sharon Salling to the Inland Wetlands Commission for a term to expire January 7, 2015. Mr. Rodgers seconded. All in favor.
3. Tax Refunds: Mr. Rodgers moved the November tax refund No. 7 in the amount of $5,348.28. Mr. Furrier seconded. All in favor.
4. Driveway Bond Extension: Mr. Rodgers moved the extension of the driveway bond for Guy & Elizabeth Monteiro for an additional six months, to expire April 2011. Mr. Furrier seconded. Mr. Rodgers suggested, with no direct relation to this particular driveway bond extension request, coming up with recommended language to have a modest consequence for multiple extensions, such as an additional application fee. All in favor.
5. Road Acceptance, Boulder Creek Road, “Boulder Creek” Subdivision: Mr. Rodgers recused himself from action and discussion because he has represented Kenneth Petrucci in the past. Mrs. Llodra explained there was a subdivision bond posted. The work has been completed but there is a certain amount of open space that includes back taxes. There are taxes owed on the road that need to be withheld. Mr. Furrier moved to accept Boulder Creek Road into the Newtown Highway System. First Selectman Llodra seconded. Motion passed: Furrier, Llodra. Rodgers recused himself. Mr. Furrier moved to hold 10% of the Boulder Creek subdivision bond in the amount of $24,000 for one year. First Selectman Llodra seconded. Motion passed: Furrier, Llodra. Rodgers recused himself. Mr. Furrier moved to withhold taxes in the amount $3,854.49 from the amount of bond money intended to be released for the purpose of paying outstanding taxes on the road and refund the remaining 90% of the released
bond total in the amount $213,145.51 to Kenneth Petrucci. First Selectman Llodra seconded. Motion passed: Furrier, Llodra. Rodgers recused himself.
6. Transfer from Contingency to Legal Services, other, $100,000: First Selectman Llodra stated it has been a hefty year in terms of legal fees. One example is the ongoing issue with United Water and the planned extension of the water line from Newtown to Brookfield. Private counsel needed to be secured because the legal counsel for Newtown is the same as the legal counsel for Brookfield. There are also three union contracts negotiations taking place now, two more to begin shortly. There is also some ongoing tax litigation. Mr. Furrier moved the transfer of $100,000 from account 01570-2000 Contingency to 01100-4063 Legal Services, other. Mr. Rodgers seconded. All in favor.
7. Eichlers Cover Letter: First Selectman Llodra shared a letter to the patrons of Eichlers Cove assuring them that we value their patronage and there is a plan in place to meet their needs. She would like the Selectmen to review it and give feedback as soon as possible.
VOTER COMMENT: Dr. Marjorie Cramer, 38 Huntingtown Road thanked Mr. Sibley for his hard work and is happy to hear the comments of the Selectmen. She said with development you have forest fragmentation and although greenways are wonderful, corridors are important also. Conservation has been working on forest management
Mary Wilson, 12 Whipporwill Hill Road thanked Mr. Sibley for his thorough presentation. We have a responsibility to maintain our open spaces and she is concerned with the forested areas.
Carla Kron, 4 Clapboard Ridge Road spoke on space needs. First Selectman Llodra said if the group decides a school will be closed then the repurposing of that is important for the town facilities space needs. Ms. Kron asked what the town wants to look like in fifteen years, what the population be and what will the make up be. There’s a need for community colleges, the ability to take classes within town is a service to the community. She also believes there is a need for theater and entertainment saying there is no place in the area that provides an adequate facility to put on theater productions. Does everything need to be looked at as a cost? Maybe we should look at paybacks. She also thinks housing at Fairfield Hills zoned for 55 and over is a great
idea.
Robin Fitzgerald, 24 Old Farm Hill Road needed more clarification on full day kindergarten. First Selectman Llodra said that all the options for the school or town facilities should be available for discussion. Ultimately, the options should be available, whether through recommendations or budget planning, at the same time, not with one excluding other considerations. Mrs. Fitzgerald hopes public participation will be heard before any decisions are made. First Selectman reiterated the information of the Kevin’s Community Center grant. Ms. Fitzgerald asked that public meetings be held at a time when people can attend. First Selectman Llodra stated that Public Works will be used to do the trenching at Kevin’s Community Center and also to complete the Sandy Hook water
main to keep the cost down. The days of the work will be tracked. Ms. Fitzgerald said it is not fair that the Fairfield Hills Authority works outside of the charter without going through the process. First Selectman Llodra said that there is a commitment to let the process work after the review is done.
8. Executive Session: Potential Open Space properties: Mr. Rodgers moved to enter executive session for the purpose of discussing potential open space properties. Selectman Furrier seconded. Rob Sibley was invited to attend. Executive session was entered at 10:15pm and returned to regular session at 10:25pm with no motion taken.
ANNOUNCEMENTS: none.
ADJOURNMENT: Having no further business, the Board of Selectmen adjourned their regular meeting at
10:25 p.m.
Respectfully Submitted,
____________________________
Susan Marcinek, Clerk
Att. A: Robin Fitzgerald memo dated 11-15-10
Att. B: Bill Furrier memo dated 11-15-10
Att. C: Letter to Lakeview Terrace dated 11-5-10
Att. D: memo from Pat Llodra to Bill Hart dated 10-18-10
Att. E: Newtown Open Space presentation
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