The Legislative Council held a regular meeting on Wednesday, November 17, 2004 in the Conference Room of the C. H. Booth Library, 25 Main Street, Newtown, CT. Chairman Rodgers called the meeting to order at 7:30 p.m.
PRESENT: W. Rodgers, T. Holian, D. Amaral, D. Brown, J. DiCandido, J. Borst, J. Shpunt, P. Baiad, R. Recht, F. Pennarola, J. Hemingway and M. Iassogna.
ALSO PRESENT: First Selectman H. Rosenthal, Town Attorney D. Grogins, Board of Education chairman E. McClure and member P. Mangiafico, Board of Finance Chairman J. Kortze and one member of press.
PUBLIC PARTICIPATION. None noted.
OLD BUSINESS
Establishing a charter review committee. Attorney Grogins discussed the matters he felt a charter review committee should address. He said that with regard to lawsuits, section 3.30a3 of the charter gives the selectmen the authority subject to the approval of the Legislative Council, but section 3.30a4 gives the selectmen the authority to defend the town without council approval. The authority of the selectmen to bring lawsuits was given a check by having to go to the Legislative Council for approval after litigation. Mr. Grogins feels that a department should be able to defend its activities without the approval of the selectmen or the Legislative Council. The Town may want to have some control over the prosecution of a lawsuit over a certain amount. Section 3.30a6 says that the selectmen have the right to
grant easements to benefit that property but the selectmen should be able to grant easements to foster a particular project. The Board of Ethics should have some rule that a complaint should not be made public until adjudication finds that the complaint is valid. Why do we need a Public Building Committee? The Board of Selectmen could appoint an ad hoc committee for a project. The selectmen should also be able to appoint committees to assist them that would expire after the job is done. He said that Mr. Spragg does not feel it is necessary to go to three bidders on bond issues. Mr. Grogins does not feel that a second budget referendum is necessary. He said that the Board of Selectmen should have the authority to dispose of property rather than only public auction or private sale. He is not sure that the time periods in the budgetary process work well. He feels that Planning and Zoning should be able to accept easements and road widening strips without the consent of the town
attorney and without going to a town meeting. Mr. Rosenthal said that disposition of property is a cumbersome process; auction, sealed bid or private sale does not work for trying to negotiate a lease. He said the Mr. Spragg would like to negotiate rather than solicit bids when refinancing bonds because the process needs to move quickly. Mr. Rodgers asked how Mr. Grogins was used by the last charter review committee and how he envisions his role in a new charter review process. Mr. Grogins said that the last committee did not accept many of his recommendations. He does not see a conflict in having the town attorney represent the charter review committee. Mrs. Baiad moved that we establish a charter review committee. Second by Mr. Holian. There was uncertainty about whether the clock would begin for a charter review committee if this motion were passed. Mrs. Baiad withdrew her motion and Mr. Holian withdrew his second. Mr. Rodgers noted that at a prior meeting there was
a consensus among those present that a charter review committee should be established. The statutes will be reviewed to determine when the clock begins for such a committee. This item will be carried as Old Business.
NEW BUSINESS
Capital Improvement Plan (CIP) for FY 2004-2005 through 2008-2009. Mr. Kortze noted that the Board of Finance unanimously adopted the plan that was passed on to the Legislative Council. They eliminated only two items that the Board of Education requested that were not capital items, i.e., painting and light bulbs. The Board of Finance prioritized the list. Mr. Kortze addressed the page “Existing Net (Less Self Supporting Service and School Grants) Plus Proposed Annual Data Services.” He said this includes what we already encumbered and what we are doing about encumbrances. It reflects $2 million per year for the next five years for open space. It also reflects $10 million for the academy. The Board of Education listed this expense as “to be determined” but the Board of Finance inserted the
$10 million as a gauge. Mr. Kortze said that in a memo from Mr. Bienkowski to Dr. Pitkoff a figure of $27 for the academy was noted, but the Board of Finance has not seen this memo. $10 million = $1 million in debt service per year. In the years 2009 and 2009 on this chart the debt service would be beyond the 10% that is desirable. The Board of Finance is worried about this happening. Mr. Pennarola noted that the Legislative Council has to take action on the CIP by 60 days after its submission. The memo for the updated plan is dated October 12, 2004 but Mr. Rodgers feels that he received it recently. Mr. Rodgers will check with the Town Clerk as to the dates for action. The Legislative Council referred the CIP to the Finance Committee for a report at the December 15 meeting.
PUBLIC PARTICIPATION. Paul Mangiafico, 15 Kent Road is a member of the Board of Education. He replied to Mrs. Baiad’s question about what is meant by the term academy. He said he does not use the term academy. He said this is the high school expansion project. He said that the figure of $10 million needs to be looked at and it may be significantly higher.
MINUTES. Mr. Borst moved to accept the minutes of October 20, 2004. Second by Mr.
Holian. The minutes will be amended to note “these” not “those” on page 1. On Page 4 the sentence referring to 25% with reference to the administrators’ contract will be deleted an replaced with “with the projected escalation, to maintain the relationship of 15% cost to the total cost three years out, in the third year that number should be 25%, not 17%.” Mr. Iassogna noted that he was in Connecticut, not New Jersey, on that date. On page 3 concerning the five houses on Mile Hill South and affordable housing, it will be added that “it is suggested that this might be a suitable use for these houses.” The minutes were unanimously accepted as amended.
COMMUNICATIONS. The Tercentennial Committee has sent invitations to its ball. Mr. Rodgers added this letter to the minutes. Mrs. Wiedemann, the chair of the S.O.S. group, said that the Legislative Council is invited to its meeting on December 9 in the basement of the Meeting House.
Mr. Borst asked that the item pursuing or supporting the proposal of the state legislative concerning pocket bikes be added to the next agenda and that the Chairman of the Legislative Council could send a letter of support to the legislature.
COMMITTEE REPORTS.
Ordinance. Mr. Pennarola said that the Committee met on Monday concerning a noise ordinance. The ordinance will be distributed to the Police Department and other interested agencies before it is presented to the Legislative Council. He said that it would also have to be approved by the DEP.
Education. Mr. Borst said that the Board of Education wanted the Mile Hill South space in Fairfield Hills for a school, but that is open space per the Master Plan. The architect will reevaluate the existing facility to see if it could be used for 300 rather than 500 students.
Finance will report under “Status of Administrators’ Contract.”
FIRST SELECTMAN’S REPORT. Mr. Rosenthal said that the Board of Education should consider the area around Kent House or another structure on that site because he cannot change the Master Plan. He said that some of the demolition costs could be eligible for reimbursement. He said he did not make the statement that was attributed to him that remediation would take at least three years. He said the Master Plan was approved by the Board of Selectmen. Mr. Harrall of HMA is making the modifications to the plan. Mr. Rosenthal thinks that P&Z is having a public hearing on January 6. He said there is some misunderstanding about the function of the Fairfield Hills Ad Hoc Committee. He said this is an implementing not a planning body. A charter review committee could consider whether an authority should be created.
Disposition of five houses on Mile Hill Road South. This item will be removed from the agenda until Mr. Rosenthal has all of the information requested by the Legislative Council.
Mr. Holian moved to transfer from Account 01570-2000 Contingency $17,860 to Account 01105-2013 Non-Recurring $17,860 to pay for the general code book, second by Mr. Borst and unanimously carried.
Board of Education Administrators’ Contract. Mr. Rodgers and Mr. DiCandido were contacted by Mr. Buzzi who wants specific direction from this body on what should be pursued in negotiation. Mr. DiCandido sent a memo to Mr. Buzzi indicating what we did not like but not what we wanted to see. It is up to the Board of Ed to decide what to negotiate. Mr. Rodgers said that it was Mr. Buzzi’s understanding that Mr. Recht was a member of the negotiating team but Mr. Recht was an observer. Mr. Buzzi would like Mr. Recht to be a full member going forward with the binding arbitration. Mr. Rodgers understood from Mrs. McClure that Mr. Recht was to testify in the fact finding phase. The purpose of the memo was to state why the Legislative Council voted the contract down. Mr. DiCandido said that Mr. Buzzi said that
some issues could not be brought up because they were not part of the initial negotiations. The arbitrators must take all the evidence by December 7. Mr. Borst said that when he participated in the past he was always an observer as Mr. Recht was. He said it does not seem proper that a member of the Legislative Council should be a member of the negotiating team. Mr. Rodgers said that he is not sending a representative from the Legislative Council to be a member of the team.
PUBLIC PARTICIPATION. None noted.
DATES FOR 2005 MEETINGS. Mrs. Baiad moved to adopt the attached meeting schedule for 2005, second by Mr. Borst and unanimously carried.
EXECUTIVE SESSION. Mr. Borst moved to enter executive session at 9:05 p.m. to discuss the status of the administrators’ contact and legal issues and to invite Mrs. McClure, Mr. Mangiafico and Mr. Kortze to attend as members of their Boards. Second by Mr. DiCandido and unanimously carried.
Executive session was exited at 9:50 p.m. Mr. Holian moved that the Town of Newtown be authorized to defend itself in the matter of the Town of Newtown vs. Ralph Feola and Gary Feola, 115 Currituck Road, in the matter of illegal drainage discharge. Second by Mr. DiCandido and unanimously carried.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. Upon motion of Mrs. Baiad, the meeting adjourned at 10:05 p.m.
Ann M. Mazur, Clerk
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