nUTES - New Milford

nUTES OF THE REGULAR MEETING

NEW MILFORD TOWN COUNCIL

Monday, Sept. 28 / Wednesday, Sept. 30, 1998

Vice Chairman Peter Henderson called to order the Regular Meeting of the New MilfordTowrT,CouncilaarrMopday, September 28, 1998 at 7:02 p.m. in the E. Paul Martin RoomwithLqq n memb - bis Clark Chapin, John Lillis, Raymond O'Brien, Thomas Pilla, SheldonPruss, Lynn Urnbarger, and Frank Wargo present. Robert Coppola entered the meeting veryearly in Public Participation. Also present were a group of Boy Scouts from Troop No. 432with their leaders, Town Attorney Thomas Beecher, Director of Finance RaymondJankowski, many interested citizens, and members of the press.

SPECIAL GUESTS

Members of the Boy Scouts of America, Troop 432, New Milford, CT, Chartered by theVeterans of Foreign Wars Post 1672, as follows: David Almonte, Brian Austin, Allen Avery,Justin Baine, Matt Barringer, Jamie Bull, Sean Clery, Kevin Deitz, Joey Esch, Mark Gillen,Jeff Griffiths, Erik Gundel, Reed Hansen, Sean Heslin, Jared Lawrence, Brandon Lee, JonMero, Robert Poprocki, Justin Reynolds, Brent Squires, Regen Szendy, Dan Torres, AdamVander Schaaf. Scout leaders of the troop in attendance were: Cefn Griffiths, Chet Austin,Leslie, Clery, Kevin Heslin, Bob Lawrence, Dave Almonte, Claudia Avery. These Scouts areworking on the requirements for the Citizenship in the Community merit badge. This is amerit badge required for attaining the rank of Eagle Scout. The troop members and theirleaders were welcomed by Vice Chairman Henderson.

PUBLIC PARTICIPATION

Assistant Scout Master for Troop 432, Cefn Griffiths thanked the Council for the invitationand allowing the troop to attend, explained some of the other work the Scouts were doingto earn this badge, and concluded that the ultimate goal for all the work is to help eachScout become an ideal citizen of his community.

Sand Pit Road

Kevin Ireton asked the Town Council to designate Sand Pit Road a scenic road, even

though questions have been raised if it meets the length requirement. He asked fordesignation because Sand Pit Road meets the spirit of the ordinance, the residents want it tobe so designated, and it is an irreplaceable resource.

Additions to Agenda

George Doring requested first that three items be added to the agenda, but laterchanged this to two: (1) consideration of an ordinance to control late night and weekendoperation of heavy equipment (contractors' equipment specifically), which request arises outof citizen complaints this summer and from the conviction that an ordinance is a bettermeans of enforcement than the expensive Zoning injunction route; (2) consideration ofauthorizing an Assistant Zoning Enforcement Officer, based on the greater efficiency and thegreater amount of work accomplished when there was another person in the office on atemporary basis. The third (3) item was requesting that a committee be established to setup guidelines and procedures for spending the settlement payments from WasteManagement, arising from the settlement of the landfill height case. Mayor Peitler has said

Town Council Regular Meeting - Monday, Sept. 28 /Wednesday, Sept. 30, 1998 - page 1 of 17

he is going to set up such a committee. Mr. Henderson introduced Mr. Doring to those inattendance as the Chairman of the Zoning Commission who just successfully completed a20 -year battle with Waste Management. He received a round of applause.

A number of citizens spoke in opposition to the power - generating plant proposed to be builtby Sempra Energy Resources:

The Proposed Sempra Power PlantLiba Furhman, Chairman of Power Alert, a subcommittee of the Grass Roots Coalition:1) spoke of the need for the community to protect its water, environment, resources, allof which Power Alert believes will be affected by the proposal, (2) asked that acommittee be formed composed of Town Officials and interested citizens to work withthe consultants that the Town will be hiring; (3) requested Power Alert's placement onthe agenda of the next meeting or of a special meeting; and (4) listed specific concernsabout this proposal, such as air quality, emissions, ozone, each individual's health, use ofwater and backup supply of water, and the adequacy of dispersion models to model thelocation of this plant "against the mountain ".

Mr. Henderson said, and later Mayor Peitler confirmed, that the Mayor planned to call aSpecial Meeting for Power Alert to share its information. It would be helpful ifinformation were given to the Council members so they had ample time to review itbefore that meeting.

Michelle Marquis said she had researched local law and that the Town did not need torely on state or federal laws. She promised more details at the Special Meeting.

Mr. Lifschultz said that New Milford does not need, does not want, and will not have

Sempra. The smokestacks will be emitting deleterious fumes 24 hours a day, 7 days aweek. He asked the Council to propose to Sempra that they agree that (1) if theemissions from these smokestacks exceed a specified amount of pollutants, Sempra isfined $5 million a day, and ( 2) if environmental studies show an excess of cancer,asthma, and other pulmonary problems, based on before - and -after studies, they willabandon the plant.

Ryan Marquis spoke for the younger community who is also just as aware and just asconcerned as older members of the community about the pollutants that might be beingput into their lives. Although comprising the younger community now, they are the onesthat are going to be stuck with the problem later on.

Steve Paduano did not agree with people of New Milford and of the surrounding townswho believe that this amount of noxious gases is not going to affect us. He asked: Whatis going to happen to our neighbors? Is this plant from a business point of view really,really necessary? Do you think we are going to get cheaper electric rates? There cannotbe minimal effect from 500 tons of noxious fumes.

C. Merritt asked the Council members to be skeptical when they listened to the Semprapresentation. By direct phone calls she learned that the Sempra plant being built inBoulder City, Nevada, is 12 miles from residences, in desert flat land -- -far different


topography from New Milford's. New Milford does need industry, but there must be alot of light industry that would love to move into New Milford.

Claire Lewis said that Connecticut is one of 22 states that must reduce nitrogen oxideemission by 20 +% because we do not meet the EPA guidelines for clean air set up toprotect public health. Each state may chose its route to reducing emissions. The easiestroute for Connecticut is to control emissions of electric power plants. The proposedplant will not replace a coal- or oil -fired plant; it will be an additional source. There arefar too many power plants being proposed for Connecticut and New Milford is aninappropriate site.

Ruth Malins, representing the Housatonic Valley Association, distributed the reportCombined Cycle Power Generation and Sempra Energy: A Review of the General andSpecific Issues ..." She read the Overview section, which reviewed such items as the

deregulation of the electric utility industry in Connecticut via Public Act 98 -28; thepurchase of 145 acres on the west side of Route 7 by Sempra; the rating of mostefficient and least polluting in terms of air emissions of the combined cycle powertechnology; the opposition by Power Alert centering on the fact that this plant is anadditional source, not a replacement. The Overview concludes with tworecommendations: (1) that the Town "hire an independent consultant to conduct an

objective review of this proposal" and (2) that the Town "appoint a citizens' advisorycommittee to oversee the review" (membership representing a broad spectrum of the

community including "Sempra's most vocal critics and supporters ".)

Mary Ellen Novak's concerns were the influence on the water supply, air quality, theplaying fields in the immediate area of the plant, the height of the smokestacks in termsof people "over the ridge "; the noise; the river and the life forms in it; the aesthetics ofthe smokestacks. She asked the Town Council to consider all the ramifications carefully.

Susan Sheehy asked if it is worth it - - -for $20 million dollars, for $30 million dollars. Sheasked for a show of hands of all those opposed to the proposal.

Don Deitz, from his experience, explained the basic functioning of this type of powerplant. He mentioned that Sempra would probably be allowed not to meet federalemissions regulations on start -up and that Sempra was trying to get this plant permittedin 1998. His understanding is that in 1999 Phase 4 goes into effect which requirescleaner emissions. As to jobs, he estimated it would require two to five people tooperate the plant.

Lynne Mayer asked why any of us, or our families, should be experimented upon. Thereis no track record for this technology here. We were told in the past of the clean -nessand safety of nuclear energy. Her husband was convinced in the 60s by well- meaningpeople, knowledgeable people to produce a documentary film on the safety of atomicenergy plants. The film focused on the Indian Point plant. She concluded that sometowns have to do almost anything to get income, but New Milford is not destitute.

Mary Jane Peterson said she was begging the Town Council to hear the concerns of theNew Milford residents who over the last 15 years have been coming out in ever -

increasing numbers to voice objection to projects that will have a profound effect on the


quality of the environment and life in this town. Elected officials in New Milford owe

nothing to an out -of -state energy consortium and everything to the people of NewMilford who breath the air and drink the water. Discourage smokestack industry andencourage certain industries, such as those that are tourist - attractive. Economic growthneeds to be consistent with the PoCD and regulations need to be set to discouragesmokestack industries and irresponsible development.

Burt Areinoff said he is a newcomer to New Milford but he has the same concerns aslong- timers. He asked if the Council as the citizens' elected representatives reallyrepresent the citizens. The citizens demand that the Council represent them.

Norm Olson, of Candlewood Isle, New Fairfield, said New Milford is his backyard and hedoes not want to see the Lake or the area defaced by something like this plant.

Jeannette Greco said she did not want this plant and would not have moved to NewMilford, as she did just recently, had she known about it. They have a family -runbusiness they were going to bring to New Milford.

Ed Witken of Bridgewater urged that this proposal be used as an opportunity toimplement programs of conservation and responsibility in the use of electrical energy. Insome ways we have all asked for these power plants by being energy gluttons.

John Farrell said accepting this proposal would be selling out his children and thesechildren [Boy Scouts] for short -term goals. New Milford does not need the largest powerplant in the Northeast. In the long -term it is everyone's health that is the concern. Thisproposal is not worth it in terms of tax dollars.

Robert Bigham said he had spent the last almost 26 years teaching the youth of NewMilford, trying to educate them and to work through volunteer groups to help thembecome physically healthy. We should be encouraging business in this Town that makeslife better, not that makes life worse. There is not one kid sitting here or that he hasever met that is worth all the money Sempra can give New Milford.

Debbie Slatcher identified the issues as quality of life, environment, and air quality andurged the Town Council to put aside time for a study. Everything sounds great but weall know that there are a lot of things that Sempra doesn't tell us. She asked the Councilto be prudent, thinking about this proposal long and hard. She said she had informationto submit to the Council.

Rich Beobide asked that the elected officials represent the people, consider what kind ofTown we want to be, not let people from outside run us over, and not to consider 25

jobs as the answer to the question.

Alan Stalvey said this is one of the friendliest places he has ever lived and he chose NewMilford over surrounding towns because of the history of the Town and the people in theTown. He said he is in favor of keeping the Town as a wonderful, scenic ruralcommunity. It can be a booming town, but with the right kind of jobs. Had the plantbeen in New Milford, he would probably have chosen to live somewhere else.


Several asked that the Sempra proposal be considered, or at least "given a chance ".

Eric Sivertsen, Executive Director of the Connecticut Construction Labor ManagementCouncil, called for a fair and rational process in arriving at a decision based on facts andexpert, independent analysis. He emphasized: Sempra's willingness to fund an independentanalysis of the environmental impact of the proposed plant and the economic windfall theplant would be in terms of 200 jobs during the construction period (2 -3 years), maintenancejobs later, and tax revenue.

Paul Nicholas urged giving the proposal a fair chance because it can create jobs.Candlewood Lake is dying because of overdevelopment not because of power plants orNestles. Light industry will not come in because of Route 7; New Milford cannot afford tobecome a bedroom town for other communities. We cannot live on residents' taxes alone.He asked what the pollution factor was for several hours every morning down Route 7.

Public Participation closed at 8:31 p.m. Mr. Henderson turned the Chair over to the Mayor,who had just entered the meeting at the close of Public Participation.

Request by Mr. O'BrienMr. O'Brien said that, regardless of the Town government's desire and willingness torepresent people's concerns, first and foremost members of the boards and commissionsthat act on the Sempra proposal need to know and to uphold the law.

We need to know, and the people need to know, what role the Town of NewMilford can play and how to play that role best to reflect our constituency.What can the Town Council do? What can Zoning do? What can Inland Wetlandsdo?

We should know rather soon what the Town and what the Town Council can do

to represent the Town in local, state, and federal administrative hearings. A veryimportant part is knowing what type of information to prepare for each hearing.

Mr. O'Brien emphasized the need to have this information as soon as possible. The Townneeds to be prepared at the beginning of the process by being fully aware of all the ways itcan participate in the numerous approval processes. While the Town's participation is inprogress, it needs to be aware of all the guidelines and regulations that must be followed sothat at the end - - -say in the case of an appeal - - -the Town does not lose because of failure todot every i and cross every t ". People have come and spoken out against projects, butthree that were stopped in the immediate past were stopped by the Town's gettingtechnical studies. The applications were withdrawn. Mr. Lillis supported this request.

Special Report / Consultant

Town Attorney said that his firm has the capability of preparing such a report. MayorPeitler said that the consultant would be hired this week. He also said a date would be set

for a Special Meeting and his office would communicate with Power Alert. The SitingCouncil will be urged to hold Public Hearings in New Milford which will provide furtheropportunity for public input. Mr. Lillis asked Town Attorney if by the time of the SpecialMeeting the Council could have at least an outline of the process or, if possible, the


complete report. He also suggested that as soon as possible the consultant should meetwith the Town Council.

MINUTES:

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that the TownCouncil approve as submitted the Minutes of Regular Meeting of September 14,1998. The motion passed unanimously (9 -0).

A motion was made by Mr. Wargo and seconded by Mr. Pruss that the Town Councilvote to suspend its rules to add to the Agenda consideration of the following twoItems: (a) request for a noise control ordinance; and (b) request for consideration ofre- establishing the position of Assistant ZEO.

Mr. O'Brien said he would oppose the motion: the Town Attorney has been reviewing thenoise regulations which are voluminous and it would be preferable for the Mayor to take thispersonnel issue to the Personnel Committee. Mr. Wargo again questioned the interpretationof the Town Council rule about written requests for items to be placed on the agenda, suchas made by Mr. Doring. He noted that the verb used is "shall" which does not seem toindicate discretion.

The motion passed 7 -2. (NO: Mr. Henderson, Mr. O'Brien)

The meeting was in recess from 8:48 - 9:05 p.m.

During the recess, Sempra representatives distributed to the Mayor, the Town Attorney, andto the place at the table of each Town Council member the following three reports. Allthree have the main title of "New Milford Power Plant" and indicate they were prepared byBlack & Veatch: Traffic Impact Assessment, August 1998; Facility Noise Assessment,September 1998; Ecological Assessment, September 1998.

TAX REFUNDS:

A motion was made by Mr. Pilla and seconded by Mr. Pruss that the Town Councilapprove tax refunds in the total amount of $3,693.62 as requested in the 3 -pagememo, dated September, 1998, from the Tax Collector and Tax Assessor, andindividually recorded as follows:

Page One Dennis Applegate, $68.75; American Honda Finance, $151.42; CinemaLeasing, Inc, $15.50; Jerry English, $6.63; G.M.A.C., $115.58; Walter Groncki,16.68; Kenneth Gill, $5.50; Herbert Hagner, $13.61; Ralph Howard, $11.56;John T. Terlaga, $34.92; David Strass, $196.08; John Wilson, $8.27; MyrnaWorthington, Estate, 143.65.Page Total = $ 788.151

Page Two B. Aronson, $19.27; Automotive Rentals, Inc., $262.81; AutomotiveRentals, Inc., $82.28; Brandon Blynn, $142.87; Terri Castro, $98.33; Giovanni &M. Campanile, $11.83; Gary Demuth, $17.38; Kenneth Evans, $43.48; GeorgeFelix, $9.72; Sandra Finnerty, $104.03; Anne Fratepietro, $14.72; G.M.A.C.,308.22; Mike Garcia, $10.70; Roger Garren, $35.50; Howard M. Hammer,21.33; Carolyn Harsh, $21.65; Hans Henderson, $11.15; Terri A. Hull, $28.21;Charles Lovett, $10.35; Brenna Monaghan, $27.16; Sharon Pellegrini, $99.74;


Thomas Pelliciari, $18.69; Sharon Phillips, $27.05; Charles Rener, $21.25; MarcielRobles, $5.73; Richard Seiler, $26.28; John 0. Smith, $6.33; Robert Tobin,55.89; Volvo Car Fin. Co., $112.23; Glen & Jeanne Wright, $20.58. [Page Total1,674.761

Page Three John Bradski, $34.12; Giuseppe DeSantis, $284.27; Daniel Farley,67.48; Sohail Hussaini, 23.53; Reddy Manohari, 30.93; Fr. & Donna Nichols,

71.59; Michael Pambianchi, 78.66; Evelyn Smith, $40.05; U. B. Vehicle Lease,139.48; U. B. Vehicle Lease, $215.87; U. B. Vehicle Lease, $207.17; CharlesWilson, $37.56.

Page Total = $1,230.71

The motion passed unanimously

SEMPRA ENERGY RESOURCES PRESENTATION

Mr. William B. Keller, P.E., Vice President, Project Development and Operations for SempraEnergy Resources, made the presentation. Sempra is a Fortune 500 energy resourcescompany with eight subsidiary companies. In April of 1998 Connecticut enacted a law thatwill allow Connecticut citizens to chose their electric provider as of a specified date in thenear future. Sempra believes that with deregulation there will be replacement of old energyplants with clean and efficient gas -fired plants. At this time there are over 30 plantsproposed in the Northeast. The property in New Milford was purchased exactly two monthsago. The location meets the two requirements of proximity to a supply of natural gas and toan electrical power transmission line.

The State of Connecticut takes the positive approach of asking applicants to come into thecommunity, meet with community members and present technical material in advance offormal application. Sempra has presented a good deal of material in meetings already held inNew Milford, listened to the concerns of the citizens, and made some revisions to the plansto meet these concerns. These community meetings are required by the Siting Council.Another reason for tonight's presentation, in addition to the Siting Council's requirements, isto offer to provide $50,000 to the Town to support an independent, third -party review ofthe project.

Mr. Keller showed an artist's rendering of what the proposed plant will look like. There willbe two 213 -foot tall smokestacks, designed in accordance with DEP recommendationsheight determined by application of criteria to a formula). Using a schematic of a CombinedCycle Power Plant Operation, he explained how the plant will work, noting that the plant willfire natural gas only. He showed computer - generated pictures of what the property wouldlook like from Route 7, from the bleachers at the ball field at Nestles, and from CanterburySchool. There will be no black plume over New Milford, for the reality is that a combinedcycle plant has clear, odorless exhaust. This will be one of the cleanest power plants in thecountry, with low emission equipment, clean -up equipment on the "back- end ", and will meet

and comply with DEP requirements.

The Town Council asked questions about the approval process. Approval of some typemust be obtained from U.S. EPA, U.S. Department of Energy, U.S. Fish and Wildlife Service,Federal Energy Regulator Council, Federal Aviation Commission, Connecticut DEP,Connecticut Siting Council, New Milford Inland Wetlands Commission, and New Milford


Zoning Commission. Application will go to the Connecticut DEP on October 15 who willsend the application on to the EPA and U.S. Fish and Wildlife; to New Milford InlandWetlands on November 2; to New Milford Zoning on November 9; and to the ConnecticutSiting Council on November 30. Sempra will follow the normal process with DEP and is notaware of any "fast track" provision at DEP, estimating about seven months. It can take upto twelve months to get approval. Mr. O'Brien asked that copies of all Sempra'sapplications to the state be given to the Mayor and also be placed in the Town library at thesame time they are submitted to the state.

Mr. Keller distributed a summary of the results of the studies conducted by Sempra Energyconsultants that pertain to traffic, noise, environmental conditions and wetlands. Thefollowing conclusions are quoted from the summary sheet ( "Sempra Energy Power PlantReports Summary at a Glance "):

Traffic Analysis analysis found that the plant will not create anymajor traffic impact"

Wetlands and Protected findings indicate that no protected speciesSpecies Assessment impacts will occur."

Noise Assessment found that the power plant's noise will bemasked by traffic noise during the daytime.At night it will be faintly audible at thenearest residences along Route 7, and alongCandlewood Lake Road. This noise could be

compared to the sound emitted from thecooling fan of a personal computer."

Environmental Laboratory soil samples did not detectAssessments hydrocarbons or leaks from the tanks but it

was recommended that these tanks be

removed from the property. The groundwaternear the entrance contained elevated levels of

dichloro benzene. The source was probablythe septic tank discovered in the area.... Noevidence of buried vehicles or tires was

found."

Mr. Keller distributed: "Preliminary Air Emissions Results, Populated Areas in and AroundNew Milford ", a single page which listed for seven different locations in the Town of NewMilford the EPA standards for healthy air quality; estimated the levels of oxides of nitrogen,particulate matter less than 10 microns, sulfur dioxide, and carbon monoxide existing therenow; added how much of each substance the plant would contribute (all measures inmicrograms per cubic meter) and calculated the percent of change. In two weeks the airquality assessment report will be available for Sempra's air quality study and analysis. Mr.Lillis asked what the "5.4% [of the emissions] containing carbon dioxide and small amountof carbon monoxide (CO), oxides of nitrogen (NOx), organic compounds, sulfur dioxideS02) and microscopic particulate matter" [quoting from Sempra's "New Milford PowerPlant Questions & Answers "] would amount to in terms of tons. Mr. Keller said the

upcoming air quality assessment would have detailed information. Mr. Wargo asked if theBradley Model took into consideration the organic matter from Nestles, which creates the


smells townspeople are familiar with, and any interaction that might occur with the plantemissions.

Regarding water, Mr. Keller said that Sempra had listened to the community's concernsabout taking water from the Housatonic and will get 100% of the needed water from theUnited Water Company. The type of plant has been changed to reduce water usage from7,000 gallons per minute to 200 gallons per minute. There are two options in regard todischarged water: discharging 100 gallons per minute into the Housatonic River orextending the sewer line and discharging into the sewer. Sempra needs to go to the SewerCommission, he said. Mr. Wargo asked if there were any reason why the water could notbe taken from the river; his concern would be to preserve the aquifer for use as drinkingwater. Mr. Keller said the company would need a permit. Mr. Wargo said there areconcerns about discharging 140 degree water into the Housatonic River. He asked why thecompany could not build a containment pond as a cooling area for discharge instead ofdischarge going directly into the river.

Mr. O'Brien asked Mr. Keller if Sempra would consider waiving automatic implementation ofthe timelines for action by the local commissions (Wetlands, Zoning) so the Town can getthe widest possible input into the process. Mr. Keller said that the problem in doing that isthat the state wants to see the Wetlands Commission evaluation and wants to be assuredthe application has gone through Zoning. The Siting Council wants the applicant to havecomplied with local regulations.

In conclusion, Mr. Keller said that Sempra is proud of its facility design and is lookingforward to an independent review, on the Town's behalf, of this project. This project willyield $38 million in taxes over twenty years. It will provide construction jobs for severalyears, but not a large number of permanent jobs. There is the possibility of location of alight industrial park or office complex "on the 13 acres behind us ". He said he was seeking

the Town Council's support for a fair and reasonable review process and again offered the50,000 as the funding for an independent review of the project for the Town. Mr. O'Briensuggested Sempra could deliver a check to the Mayor for this amount made out to theLandfill Royalty Fund. All expenditures made from this Fund must be for environmentalpurposes. The Town could accept this donation and then decide how it can be best used.

Mr. Lillis pointed out that such a donation would have to be accepted by the Council onbehalf of the Town and he would not vote to accept this money. Funding the investigationof the project is an obligation that the Town has to bear. There can be no question of bias.

Requests That the Special Meeting be scheduled so that the air quality assessment reportis available; that the Council receive copies of the approved plant application that Semprasubmitted in Nevada.


SPECIAL TOWN MEETING: FORT HILL ROAD PROPERTY (STILL MEADOW)

Please see Minutes, September 14, 1998, pp. 1, 7)

A motion was made by Mr. Pruss and seconded by Mr. Wargo that the Town Councilsend to Special Town Meeting on October 8, 1998, to be held at the High School


Auditorium at 8:00 p.m. (EDT) the resolution entitled "Resolution Appropriating2,125,000 for the Purchase of 19.089 Acres of Real Property (Located on Fort HillRoad) for Town Purposes and Authorizing the Issue of $2,125,000 Bonds of theTown to Meet Said Appropriation and Pending the Issuance Thereof the Making ofTemporary Borrowings Therefor ", noting that the Board of Finance and the PlanningCommission have unanimously endorsed this resolution.

Attorney Frances Collins is reviewing the contract. There was discussion concerningwhether or not the Town should have its own environmental assessment rather than relyingon the one performed by New Milford Savings Bank. The time constraints were pointed out.Mayor Peitler said that the environmental assessment did not show any real issues. Mr.Wargo's concern was that what he thought was agreed upon in Executive Session was notpart of the contract: an easement providing access to Route 7.

Mr. Lillis reviewed the reasons for the purchase and then asked what the projections werefor the impact on the Town of New Milford of this property if it were developed. The Chairsuggested that the motion under discussion was setting a date for Town Meeting. Mr.O'Brien said there was a motion at the meeting of Sept. 14, 1998, (p. 7) that authorized theMayor to pursue the project, to engage alternate Town Attorney if necessary, and toschedule and warn a Special Town Meeting for consideration of this item. That motion waspassed unanimously and the motion on the floor is to execute that motion by voting only onthe Town Meeting date.

At 10:40 p.m., Mr. Henderson moved and Mr. Pruss seconded a motion to extendthe meeting to 11:00 p.m. The motion to extend the meeting passed unanimously.

As Parliamentarian, Mr. O'Brien supported the Chair's limiting discussion to the setting of a

Special Town Meeting date.

A motion to amend the Special Town Meeting motion was made by Mr. Wargo andseconded by Mr. Pruss that when the Town negotiates the contract on this propertyan easement be obtained giving passage to the Town Road on the southern end ofthis property proposed for purchase (the road which is behind the Burger Kingrestaurant) in order to provide access to Route 7 from that portion of the property.

There was discussion whether or not this was an appropriate amendment. Mr. Pillasuggested that the parcel is not landlocked and access onto a 4 -lane Route 7 might be verydifficult. There is other access to Route 7 and, at this point, time is of the essence. Thisproperty is a good acquisition for the Town and the Town does not have six months ofleeway for a study. The whole site was looked at 2-1/2 years ago. The Mayor said hewould try to negotiate the easement into the contract.

The motion to amend failed 2 -7. (YES: Mr. Pruss, Mr. Wargo)The main motion passed 8-0-1. (ABSTAIN: Mr. Lillis)

The full text of the resolution endorsed and forwarded to Town Meeting is appended to the end ofthese Minutes. Note for Record: Town Council members had received the Minutes of the Board of

Finance Special Meeting, Sept. 23, 1998, showing the motion unanimously approving the abovebonding resolution. Also received was the letter of Sept. 22, 1998 from the Gerard J. Monaghan,


Chairman, stating that the Planning Commission at its September 17, 1998 meeting "voted torecommend to a Town Meeting that the Town acquire the parcel located on the corner of Fort HillRoad #1 and Fort Hill Road #2, consisting of 19.089 acres ..."

By unanimous consent at 10:55 p.m. the Town Council recessed the meeting to bereconvened at 7:30 p.m., Wednesday, September 30, 1998, in the E. Paul Martin MeetingRoom, if available.

The meeting was reconvened by Mayor Arthur J. Peitler at 7:45 p.m. on Wednesday,September 30, 1998, in the E. Paul Martin Meeting Room with Peter Henderson, John Lillis,Raymond O'Brien, Thomas Pilla, Lynne Umbarger, and Frank Wargo present. RobertCoppola entered the meeting at 8:35 p.m. as indicated below. Also present were TownAttorney Thomas Beecher, Director of Finance Raymond Jankowski, interested citizens, andmembers of the press.

INSURANCE CONTRACT: GENERAL LIABILITY

In the Executive Review of its report to the Town, The Litchfield Insurance Group, theTown's agent of record, recommended continuing with Gulf Insurance because it hasprovided the best coverage at the lowest premiums for the last two years, premiums willremain the same for next year (even though the Town has a 127 % loss ratio over the last

five years), and Gulf is defending against a potentially expensive police department fatalityclaim. The increase in property premium is due to adding contents coverage for the TeenCenter and Berkshire Condo and adding building coverage for the Radio Shed (Geiger Road),Gatehouse (Lynn Deming), and the Pavilion at E. Williamson Park. The umbrella policycoverage has been increased to $10 million, also at the recommendation of the agent, andoffers very comprehensive coverage for almost every type of liability the Town carrieswhereas most carriers write the umbrella only for general liability.

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that the TownCouncil does in fact recommend continuation of the Town's insurance contract withGulf Insurance, as outlined, with the increase in umbrella liability as stated. The

motion passed 5 -0 -1. (ABSTAIN: Mrs. Umbarger)

FILM COMMISSION

Mr. Frank Weller, Chairman, reported on the Film Commission's activities since itsformation, as requested by the Town Council when the Commission was appointed as aTown Council ad hoc group on December 8, 1997. The 1 -page activity summary listed theCommission's initiatives, which include

developing relationships with film makers and allied groups to raise awarenessabout New Milford and attract projects into the area;

cataloguing different vistas within New Milford through all four season,developing a web site and production guide as sources of information to filmmakers;

making connections with town agencies to help film makers work within townregulations;


exploring and developing community projects which educate, entertain and buildcommunity, e.g., film premieres, film festivals, and director presentations.

Mr. Weller expanded upon these individual initiatives to show how they fit into theCommission's basic mission "to encourage economic growth and development by attractingrevenue - producing films and commercial projects to New Milford" (per its MissionStatement). The Commission guided a production in July which was shot at 11 differentNew Milford locations. Mr. Weller said that, about this shooting on private or businessproperty, everyone had been very receptive, the experience had been good, and peopleseemed to enjoy the experience. The self- esteem and pride residents feel in seeing someportion of their town in a film is an intangible, but real, benefit of the Commission's work.New Milford is now under consideration for a major motion picture, scheduled by WarnerBrothers to be shot in Connecticut. New Milford had a booth at the trade show at the JavitsCenter in New York, "Show Business East ".

Mr. Weller pointed out that for every $1 of film cost there are between $2 and $3 spent forsupport services (catering and livery for instance). In addition to the diversity of views,buildings, history New Milford has, film makers need also to be aware that New Milford canprovide the necessary support services.

The Film Commission, as a permanent commission, would probably propose a budget of3,000 to $5,000, mostly for showing at trade shows. The Town's web page can be usedand the Commission functions on volunteer labor. Income generation is possible throughcharging for ads in the Production Guide, charging for use of the Green or overtime of thePolice Department, and donations are a possibility (and have been received before). Inregard to the Chamber of Commerce, Mr. Weller said the Film Commission had used at thetrade show the Chamber's new brochure, had tried not to retake pictures the Chamberalready has taken, but has not asked the Chamber for financial support, feeling their work ismore an economic development activity.

The Town Council requested the Town Attorney to prepare the ordinance necessary for theFilm Commission to be a permanent commission. It was specifically requested that theordinance have a "sunset clause" which would call for review of whether or not to continue

with this Commission after a designated period (5 years was suggested).

Mr. Coppola joined the meeting early in Mr. Stalter's presentation.

MUSEUM OF CONTEMPORARY IMPRESSIONISM:

Please see Minutes, October 27, 1997, pp. 3 -4) Mr. Richard Stalter, President, Museumfor Contemporary Impressionism, and Mr. Roger Pratt, architect, were present to present anupdate. Mr. Stalter said there have now been about 1 -1 /2 years of activity: some very,very encouraging and some disappointing. An itemized list of funds raised had beenprovided to Council members, to a total of $76,350, along with a detailed cost estimate forbuilding renovation. Mr. Pratt's letter of September 23, 1998 to Mayor Peitler stated thatthe total estimated cost, including architect's fees and a 10% contingency fee, is1,019,875. Also included in the Council packets, was page 4 of the Museum /Town leasewhich calls for the Museum to have raised a minimum of $200,000 in cash or committed

funds by March 1, 1999.


The Buy -A -Brick campaign has been successfully and indicates a great deal of local interestin the project. The response from the large foundations has been disappointing. Severalhave dramatically changed their funding emphasis: one moving completely away fromfunding renovations to funding only already established institutions, and another nowconcentrating its support only on performance areas. There are still foundations that willgive small grants but only if they see there is some guarantee of the project going forward.Individual donors likewise want to see evidence that this is a healthy project with othersupport. Small foundations are limited in the amount they can give and their support willnot inspire major foundations.

Mr. Stalter said that a question that is asked is how does the Town of New Milford itselffeel about the Museum. Is the Town willing to invest money? Mr. Pilla asked if leasing thebuilding on a long -term basis under a flexible lease was not evidence of support. Mr. Staltersaid that additional support from the Town would be attractive to individual donors,particular to local donors. The $200,000 is achievable through local donors, he believes,but some person or entity has to be the first to make an ongoing monetary commitment tothis project.

Mayor Peitler said he did not believe when the lease was negotiated anyone contemplatedthe Town donating toward the $200,000. Mr. Stalter mentioned that the Town hadrecently arrived at a settlement with Waste Management, and pointed out the value of themuseum in educational terms. The whole northwest corner of Connecticut has no artmuseum. A small pledge on a yearly basis could be viewed almost as an asset serving ascollateral for a bank loan. Once the building is renovated, regardless of what happens, theTown has a renovated, handicapped accessible building.

Mr. Coppola said he supported the project personally, had supported the lease, but wouldhave a very difficult time voting to apply Town funds toward Museum support. He did notbelieve the Council's intent at any time was to use public money to help establish themuseum. Mr. O'Brien said that for his purposes the Town of New Milford tax base is notgoing to serve as the "ice breaker" which is being sought. Town funding is not presentlyavailable and will not be available within whatever timeframe it takes to meet that firstthreshold. Mr. O'Brien suggested that toward the end of the fund - raising activity if a fewthousand dollars were needed he might be willing to consider such a request then. Mr. Pillasaid he would not be opposed to being a little flexible with the March 1, 1999 date. TownAttorney cautioned against any perception of orally modifying the contract; he would notwant anyone to leave with the idea the contract had been modified. Mr. Henderson saidthat the Town could not provide seed money. Mr. Lillis said his mind or his opinion is notclosed as to money from the Town, but he would advise the Museum Board to continuewith fund raising.

Mr. Sherman briefly explained a project which is underway to create the Firehouse Court,which would be first floor retail space and second floor residential apartments planned to beaesthetically in combination with the museum. This project and the museum could bringChurch Street to the level of Bank Street he suggested.



SUPPLEMENTAL APPROPRIATION: A NEW ENGLAND NEW YEAR

A motion was made by Mr. O'Brien and seconded by Mr. Coppola that the TownCouncil approve, and recommend the Board of Finance approve, a supplementalappropriation of $15,000, as requested, to an account to be determined by theDirector of Finance, with funds coming from an account to be determined by theDirector of Finance or the Board of Finance, to cover start -up expenses for the next ANew England New Year. The motion passed unanimously (7 -0).

AFFORDABLE HOUSING:

For background please see Minutes, April 14, 1997, pp. 6, 7, 8) Mr. Coppola reported, asChairman of New Milford Affordable Housing, that with the Small Cities Grant money fivecondominium units have been purchased. There are placements in three of them; directtalks going on regarding the fourth; and information being check on the fifth. The goal is forthe other two units to be occupied by November 1. Thirty thousand dollars of grant moneyhad to be turned back because it was not sufficient to buy another unit.

There were eleven applicants on the initial list, but applications can still be obtained from PatPurdy and filed because people may change their mind, no longer qualify incomewise, or payoff their unit within a year. As the money is returned from these units, it will be "recycled"to purchase another unit. Mr. Coppola said he was at this time acting as the manager to besure that every occupant fully understands the program and every unit is in good condition.

COMMITTEE FOR PENSIONS FOR EMERGENCY SERVICE PERSONNEL

The term of the Volunteer Personnel Benefits Committee, as a special committee of theTown Council, expired August 13, 1997 (please see Minutes, May 12, 1997; committeeoriginally appointed and charged, May 13, 1996, p. 8) Mayor Peitler said he would like theTown Pension Committee (which includes Guy Petersen, Charles Barlow, Brian Arnold, andTom Pilla) to complete the work that the Volunteer Personnel Benefits Committee hadalmost carried to completion.

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that it is thesense of the Town Council that the unfinished but well started work -- -with thefoundation work well established - - -of the Volunteer Personnel Benefits Committee beundertaken and completed by the end of this calendar year by the existing PensionCommittee. The motion passed unanimously.

AQUIFER PROTECTION COMMITTEE

Please see Minutes 7- 27 -98, pp. 3 -4). Mr. Lillis reported that the former Committee hadprepared a final report which was reviewed by then Town Attorney and sent to Planning andZoning. Mr. Lillis offered to serve on the present committee. Only the final steps need tobe completed and, if the committee is reappointed shortly, the work could be accomplishedby the end of this year. He recommended that the committee include members from theTown Council, Planning, Zoning, Wetlands, and Kevin Moran from the Water Company. Mr.O'Brien asked that membership rules provide for some direct citizen participation, for


instance, from HVA, if someone is willing to serve, in order to allow the committee to obtainas much input and expertise as possible.

Mr. O'Brien also volunteered to serve and asked that the committee be in touch with DEP todetermine if DEP has updated their plan for aquifer protection.

REQUEST FOR NOISE ORDINANCE:

Discussion revealed that what was being requested was an "hours of operation for heavyequipment" ordinance which could be enforced by the Police Department. This matter wasreferred to Town Attorney with two requests: (1) that provision for special circumstancesbe included and (2) that Town Attorney check if there is a body of regulations already inforce covering this situation and if these are regulations which the Town can enforce. For

some sections of DEP regulations, DEP says it is the only one who can enforce.

ASSISTANT ZONING ENFORCEMENT OFFICER

Mr. Doring was asked to meet with Mayor Peitler and talk about this position and togetherwork out a response to this request.

SPECIAL TOWN MEETING: LAND ON FORT HILL

The following letter was received and read into the record by Town Attorney. It was notedon Monday (p. 10 of these Minutes) that the Town Council action was based on theMinutes of the meeting.

September 24, 1998

TO: The Town Council and

the Legal Voters of the Town of New Milford

At a Special Meeting of the Board of Finance held September 23, 1998, the Boardvoted unanimously to:

Approve the resolution appropriating $2,125,000.00 for the purchase of 19.089acres of real property (located on Fort Hill Road) for town purposes and authorizingthe issue of $2,125,000.00 bonds of the town to meet said appropriation andpending the issuance thereof the making of temporary borrowings therefor.

Very truly yours,

s/ Duane Davin

Chairman, Board of Finance


A motion was made by Mr. Henderson and seconded by Mr. Lillis that the meetingadjourn. The motion passed unanimously at 10:23 P.M.

Minutes Taken and Prepared by: Approved:

an . Hobur Arthur J. Peitler, Mayorg

Appended:

RESOLUTION APPROPRIATING $2,125,000 FOR THE PURCHASE OF19.089 ACRES OF REAL PROPERTY (LOCATED ON FORT HILL ROAD)

FOR TOWN PURPOSES AND AUTHORIZING THE ISSUEOF $2,125,000 BONDS OF THE TOWN TO MEET SAID

APPROPRIATION AND PENDING THE ISSUANCE THEREOFTHE MAKING OF TEMPORARY BORROWINGS THEREFOR

Section 1. The sum of $2,125,000 is appropriated for the acquisition of approximately19.089 acres of real property located in the Town of New Milford, consisting of parcels "1 " and "2"

as follows: Parcel 1 is commonly known as 73 Fort Hill Road, being the land described in Volume286, Page 281 of the New Milford Land Records and consisting of approximately one - quarter acre;Parcel 2 is designated as Parcel 2 containing 18.656 acres on a map entitled "Proposed Lot LineRevision Newmil Asset Company Route 7 & Fort Hill Road New Milford, Connecticut Scale 1 " = 100'

May 27, 1996 ", by Linwood R. Gee, L.L.S., Map No. 1860R on file in the New Milford Town Clerk'soffice, and including surveying, environmental studies, title search, appraisal, title insurance, closingcosts, legal fees, administrative printing and financing costs related thereto. Said appropriation shallbe in addition to all other appropriations for said purpose. Such land shall be used for town purposesas determined from time to time by the Town Council. The Mayor is authorized to execute apurchase contract and to do all things necessary or appropriate to consummate said purchase.

Section 2. To meet said appropriate $2,125,000 bonds of the Town or so much thereof asshall be necessary for such purpose, shall be issued, maturing not later than the twentieth year aftertheir date. Said bonds may be issued in one or more series as determined by the Mayor and theamount of bonds of each series to be issued shall be fixed by the Mayor and Director of Finance,provided that the total amount of bonds to be issued shall not be less than an amount which willprovide funds sufficient with other funds available for such purpose to pay the principal of and theinterest on all temporary borrowings in anticipation of the receipt of the proceeds of said bondsoutstanding at the time of the issuance thereof, and to pay for the administrative, printing and legalcosts of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiplethereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf ofthe Town by the facsimile or manual signatures of the Mayor and the Director of Finance, bear theTown seal or a facsimile thereof, be certified by a bank or trust company designated by the Mayor,which bank or trust company may be designated the registrar and transfer agent, be payable at abank or trust company designated by the Mayor, and be approved as to their legality by Murtha,Cullina, Richter and Pinney LLP, of Hartford. They shall bear such rate or rates of interest as shall bedetermined by the Mayor. The bonds shall be general obligations of the Town and each of the bondsshall recite that every requirement of law relating to its issue has been duly complied with, that suchbond is within every debt and other limit prescribed by law, and that the full faith and credit of theTown are pledged to the payment of the principal thereof and interest thereon. The aggregateprincipal amount of bonds to be issued, the annual installments of principal, redemption provisions, ifany, the date, time of issue and sale and other terms, details and particulars of such bonds shall bedetermined by the Mayor and Director of Finance in accordance with the General Statutes of the


State of Connecticut, as amended. In connection with the issuance of any bonds or notes authorizedherein, the Town may exercise any power delegated to municipalities pursuant to Section 7 -370b,including the authority to enter into agreements moderating interest rate fluctuation, provided anysuch agreement or exercise of authority shall be approved by the Town Council.

Section 3. Said bonds shall be sold by the Mayor in a competitive offering or by negotiation,in the Mayor's discretion. If sold in a competitive offering, the bonds shall be sold upon sealedproposals at not less than par and accrued interest on the basis of the lowest net or true interest cost

to the Town. A notice of sale or a summary thereof describing the bonds and setting forth the termsand conditions of the sale shall be published at least five days in advance of the sale in a recognizedpublication carrying municipal bond notices and devoted primarily to financial news and the subject ofstate and municipal bonds. If the bonds are sold by negotiation, provisions of the purchaseagreement shall be subject to the approval of the Town Council.

Section 4. The Director of Finance is authorized to make temporary borrowings in anticipationof the receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by theMayor and the Director of Finance, have the seal of the Town affixed, be payable at a bank or trustcompany designated by the Mayor, be approved as to their legality by Murtha, Cullina, Richter andPinney LLP, of Hartford, and be certified by a bank or trust company designated by the Mayorpursuant to Section 7 -373 of the General Statutes of Connecticut, as amended. They shall be issuedwith maturity dates which comply with the provisions of the General Statutes governing the issuanceof such notes, as the same may be amended from time to time. The notes shall be generalobligations of the Town and each of the notes shall recite that every requirement of law relating to itsissue has been duly complied with, that such note is within every debt and other limit prescribed bylaw, and that the full faith and credit of the Town are pledged to the payment of the principal thereofand the interest thereon. The net interest cost on such notes, including renewals thereof, and theexpense of preparing, issuing and marketing them, to the extent paid from the proceeds of suchrenewals or said bonds, shall be included as a cost of the project. Upon the sale of the bonds, theproceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal ofand the interest on any such notes then outstanding or shall be deposited with a bank or trustcompany in trust for such purpose.

Section 5. Resolution of Official Intent to Reimburse Expenditures with Borrowings. TheTown (the "Issuer ") hereby expresses its official intent pursuant to Section 1 . 150 -2 of the FederalIncome Tax Regulations, Title 26 (the "Regulations "), to reimburse expenditures paid sixty days priorto and after the date of passage of this resolution in the maximum amount and for the capital projectsdefined in Section 1 with the proceeds of bonds, notes, or other obligations ( "Bonds ") authorized to

be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18months after the later of the date of the expenditure or the substantial completion of the Project, orsuch later date the Regulations may authorize. The Issuer hereby certifies that the intention toreimburse as expressed herein is based upon its reasonable expectations as of this date. The Directorof Finance or his designee is authorized to pay project expenses in accordance herewith pending theissuance of reimbursement bonds, and to amend this declaration.

Section 6. The Mayor and the Director of Finance are hereby authorized, on behalf of theTown, to enter into agreements or otherwise covenant for the benefit of bondholders to provideinformation on an annual or other periodic basis to nationally recognized municipal securitiesinformation repositories or state based information repositories (the "Repositories ") and to providenotices to the Repositories of material events as enumerated in Securities and Exchange CommissionExchange Act Rule 15c2 -12, as amended, as may be necessary, appropriate or desirable to effect thesale of the bonds and notes authorized by this resolution. Any agreements or representations toprovide information to Repositories made prior hereto are hereby confirmed, ratified and approved.


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