THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, December 20, 2010 in the Council Chambers,
3 Primrose Street, Newtown. First Selectman Llodra called the meeting to order at 7:05 p.m.
PRESENT: First Selectman E. Patricia Llodra, Selectman William F.L. Rodgers and Selectman William F. Furrier.
ALSO PRESENT: Finance Director Robert Tait, one member of the public, four members of the press and the following members of the Fairfield Hills Master Plan Review Committee: Michael Floros, Ben Roberts, Bob Maurer, Mike Mossbarger, Deborra Zukowski, Nancy Roznicki and Gary Steele.
VOTER COMMENTS: None.
ACCEPTANCE OF MINUTES: First Selectman Llodra stated the amount voted on at the meeting of November 15, 2010 was incorrect because there was a previous action taken by the Board of Selectman to release a portion of the bond. Selectman Furrier moved to correct the November 15, 2010 motion under #5, New Business for Road Acceptance, Boulder Creed Road, and to amend the amount of the subdivision bond released to the amount of $74,145.51 from the noted original amount of $213,145.51. First Selectman Llodra seconded. Selectman Rodgers abstained. Motion passed. Selectman Furrier moved to accept the corrected minutes of November 15, 2010. First Selectman Llodra seconded. All in favor. (Selectman Rodgers accepted all but #5, of which he abstained.)
Selectman Furrier moved to accept the minutes of December 6, 2010. First Selectman Llodra seconded. All in favor.
COMMUNICATIONS: First Selectman Llodra supplied the board with a letter she received in response to a letter sent out to Eichlers Cove patrons. A letter sent to Maureen Will from the State of CT affirming the receipt of a grant and the distribution of money related to the development of the regional dispatch center was also shared. A letter written by Will that represented his presence at a probate issue was mentioned. Lastly, a packet of information (Att. A-F) including a State of the State/State of the Town report, Town of Newtown Historical Actuals Comparison Report, Tax Collector Report, memo to Jon Chew, HVCEO, the CCM 2011 State Legislative Program and the HVCEO Legislative Agenda was shared with the board. Selectman Rodgers suggested, with the Probate consolidation, a solution
so that the town will continue to get information on estates, whether they are solvent or not solvent.
FINANCE DIRECTOR REPORT: A small guide to the financial statement was emailed today.
ADD TO AGENDA: Selectman Rodgers moved to add a driveway bond release under New Business. Selectman Furrier seconded. All in favor.
UNFINISHED BUSINESS:
Discussion and possible action:
1. Use of Municipal Space: A review of this policy is being done by Cohen & Wolf with corrections and suggestions. More time is needed on the insurance issues. First Selectman Llodra asked the board to look over the draft and return to the next meeting with comments for possible action.
2. Implementation Plan – Plan of Conservation and Development: The Legislative Council is going to be reviewing the recommendations of the Administrative subcommittee.
NEW BUSINESS:
Discussion and possible action:
1. General Discussion with the Fairfield Hills Master Plan Review Committee: Mr. Floros stated the subcommittees are broken into three research areas: demographics, infrastructure and public process. The other groups are geared toward educational, municipal, commercial, residential and quality of life uses such as recreation, open space and social services. He anticipates the committee has at least three more months of work. Mr. Roberts said he is most involved in public participation and is waiting for a series of information that would be a briefing. Rosa Zubizarretta of Diapraxis is a facilitator who has assisted in the microcosm council. The approach will be a weekend long process with twelve randomly selected residents. The process is designed to work with
highly divergent points of view. How conclusions were drawn will be used for larger community wide conversations. This should generate energy and build consensus. The twelve people will be asked questions so the committee will know that a diverse group will be brought in. Selectman Rodgers suggested the microcosm council should evaluate the current master plan. Mr. Furrier stated it costs money to renovate the buildings and commercial development will not reduce taxes. Mr. Maurer is a member of the commercial development subcommittee. They have spoken with Mr. Rosenthal, Mr. Geckle, Mr. Hurley and Mr. Benson who agreed they didn’t get much out of the developer in the beginning. Town employees are not developers. Hiring Mr. Struna was a step in the right direction. Some items being looked at by this subcommittee are: the leasing structure or lease with an option to buy, consider selling the buildings,
come up with more inventive ways to work with builders, Planning and Zoning should be more flexible as they are in design districts, Fairfield Hills Authority should be allowed more decision making and housing should be considered. Ms. Zukowski pointed out that there are three different level of completion of the subcommittee work: the subcommittees talked amongst themselves, there was discussion at the full committee level and lastly the subcommittee has talked amongst themselves and there has been a formal vote. What is being said tonight is the raw input from the subcommittees and not necessarily the views of the entire Review Committee. Mr. Maurer is also part of the housing subcommittee. The subcommittee has spoken with residents and people on various committees. The original plan called for housing, it was taken out with the 2005 committee. One developer said that housing is necessary in order for a commercial aspect to
survive. Apartment housing is smart growth. It eliminates sprawl, saves open space, and the residents will patronize local business creating new jobs. Some diversified housing may be a good idea. First Selectman Llodra said that the ordinance that controls the development of the master plan dictates that there is a review of that plan every five years to address changing circumstances. Mr. Steele stated we cannot see the future, only today and what the reasonable projection may be. Mr. Mossbarger said this is all preliminary. Mr. Rodgers stated several deals were extraordinarily close to fruition. He would like the public process to address getting folks to agree that if there is a process that is acceptable to them, the outcome is therefore automatically acceptable to them. He disagreed that housing is necessary for the commercial aspect to survive; for retail aspect perhaps but for the commercial uses that were
envisioned, not so much. Ms. Roznicki said that Mr. DeLucia, of Nunnawauk Meadows, presented to the Review Committee. First Selectman Llodra noted that she believes Mr. DeLucia was asking the Review Committee to consider that there might be a different way of using available land to bank for the expansion of Nunnawauk Meadows, as land they have is not prime for expansion. Ms. Zukowski said that many of the concepts or uses for Fairfield Hills have a one and one correspondence with respect to population. Recreation and education depend on population. Planimetrics is based on a fairly static model of numbers on the acres per zoning, essentially giving the number of houses assumed at full build out. Families are shrinking, the senior population is growing. Currently roughly 25% of non-senior people are school age children. There is much going on with the quality of life: recreation, open space, cultural arts, social services and
community events such as the farmers market and Relay for Life. They are talking with Parks & Recreation in terms of use and availability of fields and asking commissions why they want to be at Fairfield Hills. How much would it cost to put a field in, to operate the field? First Selectman Llodra stated there is a financial impact to every decision that is made. First Selectman Llodra said that the question ‘why Fairfield Hills?’ has to be asked for every theme that is being raised. Ms. Roznicki said that a central location is ideal for secondary education; the elementary schools should remain in neighborhoods. By 2030 sixty acres at Fairfield Hills will be needed for an educational facility.
2. Appointments/Reappointments: Selectman Rodgers moved the reappointments of individuals on various boards as noted on Board of Selectman memo dated December 20, 2010 (Att. G) starting with the Economic Development Commission and listing nine different committees or offices and fifteen individuals re-appointed, one to two different positions, in accordance to the terms noted. Selectman Furrier seconded. All in favor. Selectman Furrier moved the appointment of Edward Kelleher to the position of the Land Use Citation Hearing Officer. Selectman Rodgers seconded. All in favor. First Selectman Llodra noted there are two alternate positions on the Commission on Aging, in January there will be an additional opening on the Commission on Aging. There will
be openings on the Economic Development Commission due to term limits and there continues to be an opening on the Lake Lillinonah Authority, Hattertown Historic District, Sustainable Energy and the Building Appeals Board.
3. Pension Review/Update: First Selectman Llodra said that the rate of return has been 8% for some time but is not performing at the 8% level. The wage assumption was changed from 6% to 5% some years ago. The pension committee recommends that the rate of return be changed to 7.75% for 2012 and lower the rate assumption to 4%. Selectman Rodgers moved to lower the rate of return assumption from 8% to 7.75%. Selectman Furrier seconded. All in favor. Selectman Furrier moved to lower the wage assumption from 5% to 4%. Selectman Rodgers seconded. All in favor.
4. Abatement of open space taxes for Boulder Creek, LLC: Selectman Furrier moved to abate the excess tax bill to Boulder Creek in the amount of $85,239.83 for open space. First Selectman Llodra seconded. Selectman Rodgers recused himself. Motion passed. Selectman Furrier moved to withdraw his motion. First Selectman Llodra seconded. Selectman Rodgers recused himself. Motion to withdraw passed. Selectman Furrier moved to abate the excess taxes billed to Boulder Creek for open space in the amount of $9,914.93. First Selectman Llodra seconded. Selectman Rodgers recused himself. Motion passed.
5. Resolution: A RESOLUTION AMENDING A RESOLUTION APPROPRIATING $1,000,000 FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PLANNING AND DESIGN OF A PARK AND RECREATION COMMUNITY CENTER/SENIOR CENTER AND AUTHORIZING THE ISSUANCE OF $1,000,000 BONDS OF THE TOWN TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE
(The purpose of the resolution is to increase the total appropriation and bond authorization by $425,000 from $1,000,000 to $1,425,000. The additional $425,000 is appropriated for additional work, including but not limited to, asbestos abatement and demolition.):
Mr. Tait handed out the Community Center/Demo Project Summary (Att. H), a project timeline (Att. I) and Task Order #4 (Att. J). Mr. Hurley stated the demolition was left for O&G to oversee; there was not a project owner. Hazardous material was found at Yale and around lintels around 226 windows at Litchfield Hall. Standard testing and survey work was done; these items were not picked up because there was not severe destructive testing done. There were no surprises at Fairfield, the mirror building to Litchfield. However, the state had abated Fairfield for reuse. Three reasons to move forward are that there is an ongoing enhanced liability issue, the pricing has been negotiated down for the abatement work and we can lose the contractor and pricing if we wait too
long. Mr. Tait confirmed that there is money left on the contract with AAIS, the firm that has been contracted to do the remaining abatement at Litchfield Hall. Mr. Hurley explained that no one individual was in charge of the whole project, multiple commissions were involved, everyone had a piece of it but the elements were not pulled together. He said that the soft costs are pulled back on projects; each building is unique and perhaps more money has to be spent up front to do extra testing, that isn’t necessarily required by industry standard. Mr. Hurley clarified that Bartely is the licensed environmental professional, TRC does the testing and the lab work and O&G puts the contract and the specifications together. First Selectman Llodra noted there was interest in having this resolution go to a town meeting. Our charter requires that the Legislative Council decide on special appropriation questions that are less than $500,000; a town
meeting does not have legal standing on that question. She recognizes that there is a heightened interest in our community about Fairfield Hills. There was not any intent to hold off on this discussion until facing the holiday; the issue was originally discussed in August. First Selectman Llodra is not adverse to delaying action on this item until the next meeting so that persons in the community interested in sharing their thoughts on this question can schedule time to attend the next meeting. She wants the board to allow AAIS to proceed with the abatement work to be paid out of the original bond. Mr. Merola, who was present as a member of the public, clarified that the Legislative Council voted on two separate motions: one to approve the resolution and one to go to a town meeting, if legal. Selectman Rodgers is not adverse to delaying action but not because he is conceding any validity to this being deliberately pushed through under the
holidays. Selectman Furrier said that anyone expecting a town meeting would like the opportunity to speak their mind. Selectman Rodgers moved to carry the resolution forward until January 3, 2011. Selectman Furrier seconded. All in favor. First Selectman Llodra informed the board that she would authorize the work to proceed. Selectman Furrier asked Mr. Hurley if AAIS was at any time not on the state approved bidders list. Mr. Hurley said that fifteen years ago there was an issue with a member of the firm; the individual was required to leave the firm. AAIS was certified by the state and has since been recertified a second time and is currently a qualified bidder for the state for the second time since that incident. Mr. Hurley said that the delay of vetting this project from August until now was due to the need to get the cost down and negotiating with the contractors; it took a long time to get through that process and
the cost savings arrived at is important.
6. Driveway Bond Release: Selectman Rodgers moved the release of driveway bond in the amount of $1,000 for Lynn Woycik, Bari Drive, M30, B17, L8. Selectman Furrier seconded. All in favor.
VOTER COMMENT: none
ANNOUNCEMENTS: The Economic Development will be invited to the meeting of January 18 at 7:00pm to report on the business survey.
ADJOURNMENT: Having no further business, the Board of Selectmen adjourned their regular meeting at
9:37 p.m.
Respectfully Submitted,
____________________________
Susan Marcinek, Clerk
Att. A: State of the State/State of the Town
Att. B: TON Historical Actuals Comparison Report
Att. C: Tax Collection Comparisons
Att. D: Memo from P. Llodra to Jon Chew, HVCEO
Att. E: CCM 2011 State Legislative Program
Att. F: HVCEO Legislative Agenda, 2011 Season
Att. G: Dec. 20, 2010 Appointments
Att. H: Community Center/Demo Project Summary
Att. I: Time Line for Litchfield Hall
Att. J: Task Order No. 4
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