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December 1, 2004
The Legislative Council  held a regular meeting on Wednesday, December 1, 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, R. Recht, F. Pennarola, J. Hemingway and M. Iassogna. ABSENT: P. Baiad, J. Shpunt. ALSO PRESENT:  Financial Director B. Spragg,  Board of Education Chairman E. McClure and members A. Buzzi, D. Nanavaty and P. Mangiafico, Board of Finance Chairman J. Kortze and one member of press.
PUBLIC PARTICIPATION.  David Nanavaty, 28 Currituck Road, spoke as a former chairman of the Board of Ethics. He understands that it was suggested that the Charter Review Committee look at the complaint procedure of the Board of Ethics with regard to not making a charge public unless it was found to have merit. He believes that the Board of Ethics has its own rule making ability and could address these concerns. He suggests that a Charter Review Committee talk to the Board of Ethics about this concern. He said that hearings are held in closed session but the actions are made public.

MINUTES. Mr. Borst moved to accept the minutes of  November 17, 2004.  Second by Mr. Holian and unanimously accepted as presented.

COMMUNICATIONS.  Mr. Rodgers reported that Moody’s declined to upgrade the town’s bond rating. Mr. Spragg explained that Moody’s review was positive. They like the capital and non-recurring fund, we have strong tax collecting, the grand list is growing, the debt now is manageable,  the Board of Finance and Legislative Council are forward thinking and we conservatively budget our revenues. The only negative item is our charter prohibition on designation of fund balance. He feels that we can get an AA1 rating if we take care of the fund balance.

Mr. Pennarola received a message from Mr. Zaretsky (sp) that he is opposed to the proposed noise ordinance. Other members of the Council received the same message from Mr. Zaretsky.

Mr. Rodgers will write a letter to the state legislature supporting their proposal  concerning pocket bikes

COMMITTEE REPORTS.

Ordinance. No report.

Education. No report.
Finance will meet next week.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal was not present.

OLD BUSINESS

Establishing a charter review committee. Mr. Rodgers said that there was a consensus at the last meeting to establish a Charter Review Committee. There is a consensus that he solicit applicants for a Charter Review Committee; he will solicit until January 31.

Capital Improvement Plan (CIP) for FY 2004-2005 through 2008-2009 will be carried forward to the meeting of December 15. The Finance Committee will meet on December 8 and will provide a recommendation to the Council on December 15.

Bridle Association/Conservation Easement will continue to be carried forward on the agenda.

PUBLIC PARTICIPATION.  Paul Mangiafico, 15 Kent Road asked Mr. Spragg about ratings, bond issuances and bonus points.
EXECUTIVE SESSION. Mr. Holian moved to enter executive session at 7:55 p.m. to discuss the status of the administrators’ contact and to invite Mr. Spragg,  Mrs. McClure, Mr. Buzzi,  Mr. Nanavaty, Mr. Mangiafico, Mr. Kortze and the clerk to attend . Second by Mr. DiCandido and unanimously carried.

Executive session was exited at 9:25 p.m.

ANNOUNCEMENTS. None noted.

ADJOURNMENT.  Upon motion of  Mr. Borst, the meeting adjourned at 9:21 p.m.



Ann M. Mazur, Clerk