BUSINESS BEFORE THE BOARD A. Tax Refund to William J. and Betsy G. Rosser in the amount of $447.42. FORTUNA/GERNHARDT Motion to issue a tax refund for overpayment to William J. and Betsy G. Rosser in the amount of $447.42 in accordance with the request of the Tax Collector. MOTION CARRIED UNANAMOUSLY
B. Discuss and act on selection of architect for renovation/construction of a new public safety facility at 36 Lynde Street. FORTUNA/GIEGERICH First Selectman Fortuna stated that Brian Humes of the firm Jacunski and Humes has done good work in preparing the space needs assessment as well as the schematic design drawings for the new facility. The Project’s
design build firm of Downes Construction, with the approval of the First Selectman, has negotiated a fee for the professional services of Jacunski and Humes to serve as the architect for the project. Funds for necessary architectural work to bring the project to referendum are available in the short term bonding passed at the March Town Meeting and Referendum for site acquisition and soft costs.
Motion to select the firm of Jacunski and Humes as architects for the public safety facility at 36 Lynde Street with the fee as negotiated. MOTION CARRIED UNANIMOUSLY
C. APPOINTMENTS 1. Economic Development. Term re-appointment David Cole. This is a 5-year term due to expire on 06/2018. FORTUNA/ GIEGERICH Motion to re-appoint David Cole to the Economic Development Commission for a 5-year term due to expire on 06/2018. MOTION CARRIED UNANIMOUSLY
. 2. Economic Development. Term re-appointment John DeCristoforo. This is a 5-year term due to expire on 06/2018. FORTUNA/GERNHARDT Motion to re-appoint John DeCristoforo to the Economic Development Commission for a 5-year term due to expire on 06/2018. MOTION CARRIED UNANIMOUSLY
3. Regional Mental Health Board. Term re-appointment Marston Ladd. This is a 2-year term due to expire on 06/2015. FORTUNA/GERNHARDT Motion to re-appoint Marston Ladd to the Regional Mental Health Board for a 2-year term due to expire on 06/2015. MOTION CARRIED UNANIMOUSLY
4. Water Pollution Control Authority. Alternate vacancy. This is a 2-year term due to expire on 12/2014. FORTUNA/ GIEGERICH Selectman Fortuna discussed the qualifications of Jason Becker, a local resident and attorney in solo private practice with prior
governmental experience as a staff member in the State Legislature. Motion to appoint Jason Becker to the WPCA Board as an alternate for a 2-year term due to expire on 12/2014. MOTION CARRIED UNANIMOUSLY
D. Enter into Executive Session regarding possible acquisition of land. Selectman Fortuna reported that there will be no Executive Session due to the unavailability of parties involved.
E. Addition of Item to Agenda: Change in Covenant and Restrictions on West Center Road (Max’s Place LLC) property FORTUNA/GIEGERICH Upon the request of Attorney David Royston, attorney for Max’s Place LLC, a motion was made to add the following item to the agenda:
To discuss and act on authorizing the First Selectman to sign an amendment to the covenants and restrictions on the West Center Road property regarding the size and location of the grocery story as approved at the January 16, 2013 Town Meeting subject to review of Town Counsel. MOTION CARRIED UNANIMOUSLY
GERNHARDT/GIEGERICH Motion to authorize First Selectman Carl Fortuna to sign an amendment to the covenants and restrictions on the West Center Road property regarding the size and location of the grocery story as approved at the January 16, 2013 Town Meeting subject to review of Town Counsel.
Attorney Royston outlined the changes that are being requested to the deed covenants and restrictions regarding the size and location of the development that were approved in a 2005 referendum that transferred the West Center Road property to Max’s Place LLC. The original restriction was that the grocery store to be built on the site was required to be in a specific location and remain as usage as a grocery store for 10 years. If the site ceased operation as a grocery store, the penalties would have also applied to the other buildings on site. Max’s Place LLC
is asking that those restrictions be amended so that the other buildings in the complex would not be forced to cease operations in the event that the grocery store closed before the expiration of the restriction that it be used solely as a grocery store. These changes have been approved by all appropriate land use boards as well as approved at a Town Meeting on January 16, 2013. The language will be reviewed and approved by Town Legal Counsel prior to submission to the First Selectman for his authorization. Attorney Royston also gave a brief update on the timeline and progress of the project.
MOTION CARRIED UNANIMOUSLY
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