BOROUGH OF NEWTOWN
NEWTOWN, CONNECTICUT
Minutes of the meeting of the Borough of Newtown Board of Burgesses on Tuesday, April 13, 2010 at Town Hall South, Newtown. Warden Gaston called the meeting to order at 7:48 p.m.
Present: Warden James Gaston, Senior Burgess Crick, Zoning Officer Jean St. Jean,
Tax Collector Jodie Enriquez, Burgess Betsy Kenyon, Clerk and Burgess Darlene
Spencer, Treasurer and Burgess Marie Walker (8:12)
Absent: Second Senior Burgess, Jay Maher, Burgess Anthony Baiad
Senior Burgess Crick made a motion to accept the March 9, 2010 meeting minutes, seconded by Burgess Kenyon and unanimously approved.
CORRECTION TO MARCH 9, 2010 MEETING MINUTES: The following persons should have been listed under Present: Burgess Anthony Baiad (8:15) and Warden James Gaston (8:20).
Public Participation: James Lee of 4 Diamond Drive asked the Burgesses if there are any regulations regarding the parking of a school bus in a residential neighborhood. His neighbor used to park a school bus at his house once in a while, now there are two school buses there every night and on weekends. The houses in the neighborhood are on approximately one-half acre lots and the school bus is very visible from his house and his neighbors.
Warden Gaston referred the matter to Zoning Officer St. Jean who stated that the Borough does not have any special regulations with regard to the parking of school buses in the Borough. The Borough follows the Town’s policy in which school bus drivers are allowed to park their buses at their home. She said she spoke to Borough Attorney, Don Mitchell, about the problem and it was decided that it will be addressed at the Borough Zoning Commission meeting in May.
Warden Gaston told Mr. Lee that he and his neighbors may want to attend the Borough Zoning Commission meeting in May to explain the situation.
Bob Craybas of 26 Diamond Drive also expressed concern about the school bus parked in his neighborhood on a consistent basis. He said that if the school bus were parked there once in a while or at lunch time that would be alright, but it is there everyday and now there are two of them. Mr. Craybas submitted photos to Zoning Officer St. Jean.
Francois DeBrantes of 13 Sugar Street said that he would like clarification of the minutes relative to the Borough Land Trust and the proposed new fire house. He further added that The Newtown Bee stated that the application to build a fire house across the street from him specified that the plan had been provisionally seeded by the Borough Land Trust. Mr. DeBrantes asked if that was true.
Warden Gaston said that the Borough of Newtown Land Trust, Inc. is a nonprofit entity and is not related to the Borough Board of Burgesses. It was set up for the preservation of wetlands, etc. and holds three different areas of property; (1) behind Newtown Savings Bank, (2) near the Big Y, (3) an area off Rt. 302. Warden Gaston stated that a few years ago there was discussion about building a Section 8 affordable housing complex on the property off Rt. 302, but because the land trust was in effect it couldn’t happen.
Mr. DeBrantes asked if the Borough had any decision-making powers concerning the new fire house.
Warden Gaston said no except for zoning.
Mr. DeBrantes asked if he could get some clarification as to the discussions t hat occurred when the request was made to build a new fire house.
Warden Gaston stated that the request wasn’t made to the Borough Board of Burgesses. It was made with respect to the Borough Land Trust. He assured Mr. DeBrantes that nothing has been seeded.
Zoning Officer St. Jean said that the fire department has not come in with any application as of yet. They did come in for a variance to allow a setback from Rt. 302 and that was denied. The property is residential and governmental buildings are allowed on residential property as a use and they have to follow the wetlands regulations.
Warden Gaston added that the fire department has to get funding as well. Discussion was held regarding the Town’s CIP and the lack of funding.
George Schmidt of 12 Old Castle Drive stated that he is the spokesman for many in attendance regarding the Borough’s proposed budget for 2010-11. Mr. Schmidt distributed copies of a budget proposal with supporting documentation that he asked the Burgesses to consider adopting. He explained that the first page contained the Borough’s budgets in abbreviated form for the past two years, the current budget, the proposed budget from last month’s meeting, and the “public” proposal regarding the revenue side only. He added that their focus tonight is on the revenue side with no changes to the expense side, but that it doesn’t mean that they are in total agreement with it. He compared the Borough’s proposal of a
tax mill rate of 0.61, raising approximately $165,000.00 of tax revenue, and taking $25,000.00 from the reserve to balance the budget to their proposal of a tax mill rate of 0.30, raising approximately $81,000.00 in revenue, and taking $108,000.00 to $110,000.00 from the reserve. Mr. Schmidt said that if their proposal is adopted and the year progresses as expected, that would leave the reserve at the end of the fiscal year of $32,000.00. This would be done to reduce the tax burden on Borough residents during a difficult economic time. He researched the financial reports and, in particular, the reserve fund for most of the Borough’s in Connecticut for the past four years and created a comparison sheet. Their concern is that the Borough’s current and past years’ level of reserve is excessively high. Mr. Schmidt said that the next chart shows the number of months that normal operations could continue with no future revenue collection
and it shows the Borough with well over a year’s worth. He asked that the Burgesses halve the proposed mill rate to provide tax relief to its citizens and that the relief would not change the expense side of the budget. It would reduce the reserve account to approximately seven month of cash on hand which they feel is acceptable.
Warden Gaston thanked Mr. Schmidt for all his research, but stated that he wasn’t sure Mr. Schmidt had all the correct information. He added that the Borough’s current mill rate of 0.58 was the lowest mill rate that he could find in the past 20 years. The Borough’s mill rate (2008-09) of 0.61 was the second lowest mill rate in the past 20 years. He said that the mill rate that will be proposed tonight will be 0.61. The actual cash on hand for the Borough of Newtown is not $309,000.00. The actual cash on hand that the Borough had before it decided to use approximately $42,000.00 for the budget was approximately $236,000.00. What Mr. Schmidt added to the $236,000.00 was the special revenue fund of $70,000.00 which the
Borough cannot spend except for specific purposes. Most of that money has been coming from LOCIP over the years. It has been saved and has accumulated. It can be used for only very limited purposes such as the installation of a sidewalk or a structure, etc. If it is spent, the State may reimburse us, but he indicated that the State is probably not reimbursing anyone right now. The money cannot be used for maintenance or repairs. The Borough really has $236,808.00 less about $42,000.00 which leaves us approximately $190,000.00. That reserve figure is close to the 88% indicated on the chart for Danielson and Stonington. As far as this past year’s budget, there will not be much left as we are already borrowing from one line item to cover another. In addition, Warden Gaston indicated that he will be proposing that the Borough use $25,000.00 out of the $190,000.00 which will bring the figure to $170,000.00 to support next
fiscal year’s budget. This is a low figure given the fact that the CPA/Auditor indicated that the Borough should maintain approximately $200,000.00 in reserve. He noted that if there was an emergency or some kind of situation, the Borough cannot bond. The Borough’s reserve is its emergency fund and to deplete it considerably would not be acting responsibly. In addition the Borough could experience legal fees of more than $170,000.00 very quickly.
Mr. Schmidt said that there are no records of substantial legal expenses imposed on any Borough in the State in the last four years.
Warden Gaston gave an example of a legal situation that might occur with an expense of $100,000.00 and that this is the type of circumstance that he and the Burgesses are responsible for. He further stated that the Borough is going to dip below the recommended reserve figure and provide a record low mill rate to its residents. The reserve will be less than what is indicated on the chart for Danielson, Stonington, and maybe even Litchfield.
Warden’s Report: Warden Gaston read a letter he received from Marion Thompson, Chairman of the Public Affairs Committee of the Newtown Woman’s Club. In it the Newtown Woman’s Club asked permission to display American flags at the Solders’ and Sailors’ Monument from Memorial Day until Flag Day as was done last year. They further mentioned that last year’s flag display raised $500.00 for Operation Oasis.
Warden Gaston and the Burgesses applaud the Newtown Woman’s Club efforts to help Operation Oasis and their display was beautiful.
Betsy Kenyon made a motion to honor the request from the Newtown Woman’s Club as stated, seconded by Senior Burgess Crick and unanimously approved.
Tree Warden: Tree Warden, Rob McCulloch, distributed copies of the notice that will appear in The Newtown Bee requesting bids for the pruning of trees along Main Street. Discussion followed. He also informed the Burgesses that requests for tree maintenance/removal have been coming in, but that the Town does not have the money for tree work until July.
Tax Collector's Report: Tax Collector Enriquez reported the following for the month of April: Total Taxes Due for the List of 2008: $159,253.03. Current Taxes $164,951.54; Back Taxes $1,631.93; Interest $1.057.81; Lien Fees $192.00; Return of Overpayments ($11,653.91). Total Submitted to Treasurer to Date $154,000.00. Current Taxes Collected 96.3%.
Burgess Kenyon made a motion to accept the Tax Collector’s Report, seconded by Burgess Spencer and unanimously approved.
Treasurer’s Report: Treasurer Walker reported the following: A transfer of $500.00 from Tax Collector Enriquez was made making a total of $154,000.00 as of April 12, 2010. A transfer of $4,000.00 was made on April 13, 2010 to cover this month’s invoicing leaving a total in the NSBMM Account of $235,981.08 as of April 13, 2010. Capital Reserve is $1,890.03 as of March 31, 2010.
Burgess Spencer made a motion to accept the Treasurer’s Report, seconded by Burgess Kenyon and unanimously approved.
Zoning Officer’s Report: Zoning Officer St. Jean reported that she met with Dr. Beck and his architect concerning his building at 12 Queen Street. Dr. Beck is planning to take it down and rebuild. He is an orthodontist and his property is in the business zone. Discussion followed. Zoning Officer St. Jean updated the Board regarding Toro Restaurant and Lexington Gardens.
Historic District: Burgess Kenyon reported that the Historic District Commission will hold a public hearing on April 15th at 7:30 p.m. in the Borough office. Two applications will be heard; (1) 59 Main Street -minor renovations and (2) Newtown Savings Bank –minor renovations. Burgess Kenyon is waiting to hear from Burgess Maher regarding the State DOT and the installation of the Borough signs.
Burgess Kenyon made a motion to reappoint Ellen Whelan to a five year term as a member of the Borough of Newtown Historic District Commission retroactive from July 2009 to July 2014, seconded by Burgess Spencer and unanimously approved.
Sidewalks: Warden Gaston led discussion regarding the installation of sidewalks on Queen Street. He stated that while the Town works to solve the safety issues associated with the triangle at Queen Street and Glover Avenue, the Borough could work toward a plan to install sidewalks on the east side. Zoning Officer St. Jean noted that the Phillips’ house is extremely close to the road. Discussion was held concerning that problem and the large trees. She further stated that George Benson is currently working on a grant for sidewalks. Warden Gaston also mentioned that when there is enough money in the special reserve account, the Borough needs to connect the sidewalk at Church Hill Road with Main Street.
Streets & Parks: Nothing to report in Burgess Maher’s absence.
Old Business: none
New Business: none
Budget: Warden Gaston stated that a few figures were adjusted since the last revision. He further stated that he would like to keep the mill rate at 0.61 mills which is the second lowest mill rate in 20 years and the Burgesses agreed. Each line item was reviewed and discussed as well as the revenue figures. Zoning Officer St. Jean stated that building revenue has slowed down considerably in the Borough. It will be difficult to raise money next year if it continues at this rate.
Burgess Spencer made a motion to accept the proposed budget for the 2010-11 fiscal year for presentation to the property owners and/or electors of the Borough of Newtown, seconded by Burgess Kenyon.
Public Participation: None
A special meeting of the property owners and/or electors of the Borough of Newtown will be held on Tuesday, May 11, 2010 at 7:30 p.m. The regular meeting of the Borough of Newtown Board of Burgesses will follow immediately. Both meetings will be held in the Borough Office at Town Hall South.
There being no further business, Burgess Kenyon made a motion to adjourn the meeting at 8:40 p.m., seconded by Burgess Walker and unanimously approved.
Respectfully Submitted,
Darlene M. Spencer
Borough Clerk
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