BOROUGH OF NEWTOWN
NEWTOWN, CONNECTICUT
Minutes of the meeting of the Borough of Newtown Board of Burgesses on Tuesday, February 9, 2010 at Town Hall South, Newtown. Warden James Gaston called the meeting to order at 7:35 p.m.
Present: Warden James Gaston, Senior Burgess Joan Crick, Zoning Officer Jean St. Jean,
Treasurer and Burgess Marie Walker, Burgess Betsy Kenyon, Burgess Anthony
Baiad, Clerk and Burgess Darlene Spencer
Absent: Second Senior Burgess Jay Maher and Tax Collector Jodie Enriquez
Burgess Walker made a motion to accept the January 12, 2010 meeting minutes, seconded by Burgess Baiad and unanimously approved.
Public Participation: George Schmidt of 12 Old Castle Drive stated that he sent an email to Warden Gaston outlining a proposal for the Board of Burgesses to consider. Warden Gaston indicated that he did not receive the email. Mr. Schmidt distributed copies of his email to the Board and proceeded to explain his proposal. He said that the Board of Burgesses has the authority to move money between funds and make amendments that exceed the amount of an approved budget. He believes that this authority doesn’t constrain spending and makes the budget mute. With no desire to change the Borough Charter, he asked if the Board would consider requiring public notice if the Burgesses decided to make an amendment greater than
$10,000.00. He further feels that this resolution would not be an administrative burden, as many of the routine adjustments between line items that the Borough makes, would likely fall below the $10,000.00 required for notification. He asked if the Burgesses would be willing to consider the proposal.
Warden Gaston said that he would have to review the email and consult the Borough Charter and State Statutes.
Burgess Kenyon stated that Borough Auditor Glenn Nanavaty might also like to review the implications of the proposal.
Borough Tree Warden, Rob McCulloch, speaking as a member of the Newtown Hook and Ladder Company #1, asked if the Burgesses would consider supporting the fire department’s plans to build a new fire house in the Borough with a letter of endorsement. Discussion followed.
Zoning Officer St. Jean gave a brief update regarding the fire department’s plans for a new fire house. She indicated that their plans have changed in that the building will now have a 50 ft. setback and wetlands should not be an issue. They will be going before the Borough Zoning Commission and the Planning Commission for their comments. A letter from the Police Commission will be needed to address traffic issues. The fire department will have a remote to control the traffic light at the intersection of Rt. 25 and Rt. 302.
Warden Gaston said that he isn’t sure whether one board can endorse another board, however, individuals may do so. Discussion followed.
Zoning Officer St. Jean stated that the Newtown Hook & Ladder Company #1 is in dire need of a new fire house as it is just a matter of time before the current one falls down.
Warden’s Report: No report
Tree Warden: Tree Warden, Rob McCulloch, reported that last month he met with Mr. & Mrs. Klein of Budd Drive concerning a problem tree on The Boulevard. He is referring the tree to CL&P because it is close to electrical wires. He indicated that the Main Street tree pruning project will be ready to be sent out to bid by the end of the month. He asked if the Burgesses were still interested in conducting the project in two phases.
The Burgesses agreed that the project should be done in two phases and that the phases should be bid on separately.
Tax Collector's Report: There was no report in Tax Collector Enriquez’s absence.
Treasurer’s Report: Treasurer Walker reported the following: A deposit of $500.00 was made from Tax Collector Enriquez making a total of $153,500.00 as of January 20, 2010. A transfer of $3,000.00 was made to cover this month’s invoicing leaving a total of $257,130.70 as of February 9, 2010. Capital Reserve is $1,888.66 as of January 31, 2010.
Burgess Spencer made a motion to accept the Treasurer’s Report, seconded by Burgess Baiad and unanimously approved.
Zoning Officer’s Report: Zoning Officer St. Jean said that the plans for the interior of the second story of Toro Restaurant are in and that construction should begin shortly. She explained that she is working with the Town Clerk’s office to make sure that the codes are correct for the Borough’s Charter, Ordinances, and Zoning Regulations. Discussion followed. Zoning Officer St. Jean mentioned that she, Director of Planning & Land Use, George Benson, and Chief Building Officer, John Poeltl, viewed the buckling and cracking of the asphalt in the parking lot at St. Rose Church. Although it is the old asphalt that has the problems, she will be contacting the company that recently installed the new asphalt as it may have contributed to it.
Zoning Officer St. Jean said that the traffic light at My Place has been finalized. Also, a bond is in place for more plantings and anything else that may be needed to finalize the parking area where Caraluzzi Market and Ace Hardware are located. Some discussion was held regarding the house next to the Ice Cream Shop. Discussion was also held regarding possible new construction in the Borough.
Historic District: Burgess Kenyon reported that there have been no new applications. She said that Burgess Maher was contacted by the State of Connecticut DOT who indicated that all of the paperwork is in order for the Borough signs and that we should be hearing from them soon. As soon as we receive approval, the signs will be installed.
Sidewalks: There was no report in Burgess Maher’s absence.
Streets & Parks: no report
Old Business: none
New Business: Warden Gaston led discussion regarding the IRS and their request that all small municipalities from Maine to New Jersey change their employee tax reporting from 1099s to W-2s. Borough Auditor Glenn Nanavaty has indicated that the IRS considers elected officials, and people who work for the town, Borough “employees” who must now have withholding taken out and be issued W-2s. However, Warden Gaston has learned that the town continues to give its auxiliary clerks, who are not employees of the town, 1099s. Therefore, based on what the town is doing, the Burgesses should consider treating the Borough’s auxiliary clerk in the same manner. Further, Warden Gaston indicated that a decision has to be made as to whether the elected officials
will be paid monthly or quarterly. He noted that it has been recommended by the Borough Auditor, that quarterly payments be made as they create less administrative work. In this regard, Warden Gaston proposed that the Burgesses look into a payroll service, particularly if it wants to engage in a monthly payment system. Discussion was held regarding the efficiency of a payroll service, cost, etc. It was decided that Warden Gaston will look into the option of hiring a payroll service. It was further agreed that the Borough’s auxiliary clerk will be paid monthly and receive a 1099 as an independent contractor in accordance with what the town does. Warden Gaston stated that once it is determined how the Borough will pay the elected officials, he will file the appropriate waiver with the State of Connecticut as to monthly or quarterly payments.
Warden Gaston explained that, according to the Borough Auditor, the Borough can either create a payroll tax expense line item in the budget or make a special appropriation each time the Borough needs to pay an “employee(s)”. This new budget line item will be funded by the contingency line item. Discussion followed.
Senior Burgess Crick made a motion to create a new line item in the budget for Payroll Tax Expense, seconded by Burgess Kenyon and unanimously approved.
Burgess Baiad made a motion to transfer $2,500.00 from Contingency into Payroll Tax Expense, seconded by Burgess Kenyon and unanimously approved.
Burgess Spencer made a motion to reappoint Senior Burgess Crick as the Borough of Newtown representative to the Board of Health for three years retroactive from June 2009 to June 2012, seconded by Burgess Baiad and unanimously approved.
Burgess Kenyon made a motion to appoint Glenn Nanavaty as Borough Auditor for the fiscal year end June 2009-10, seconded by Burgess Walker and unanimously approved.
Budget: A work session followed.
Public Participation: None
The next regular meeting of the Borough of Newtown Board of Burgesses will be held on Tuesday, March 9, 2010 at 7:30 p.m. in the Borough Office at Town Hall South.
There being no further business, Burgess Kenyon made a motion to adjourn the meeting at 8:30 p.m., seconded by Burgess Baiad and unanimously approved.
Respectfully Submitted,
Darlene M. Spencer, Borough Clerk
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