The Legislative Council held a regular meeting on Wednesday, December 15, 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, P. Baiad, J. Shpunt, J. Borst, R. Recht, F. Pennarola, J. Hemingway. ABSENT: M. Iassogna. ALSO PRESENT: Financial Director B. Spragg, Board of Education Chairman E. McClure and member A. Buzzi Board of Finance Vice-Chairman J. Gaston, four members of public and one member of press.
PUBLIC PARTICIPATION. None noted.
MINUTES. Mr. Borst moved to accept the minutes of December 1, 2004. Second by Mr. DiCandido and unanimously accepted as presented.
COMMUNICATIONS. Mr. Rodgers wrote to the State Legislature concerning pocket bikes. Representative Wasserman told Mr. Rodgers that she was co-sponsoring a bill this session to bring pocket bikes under the auspices of the DMV.
Mr. Iassogna sent a letter that he would vote to approve the Board of Education Administrators Contract because it is for the financial good of the Town, though he is not completely satisfied with the contract. He hopes that we see the contracts sooner in the future. He would approve the CIP but is concerned that the High School expansion project is understated and the debt is close to our limit. He supports a charter review committee.
COMMITTEE REPORTS.
Ordinance. No report.
Education. No report.
Finance Mr. DiCandido reported that at its meeting last week, the Finance Committee reviewed the CIP. He and Mr. Iassogna questioned why the cost for the high school was not included. Mr. DiCandido said that John Kortze said the cost was not known and that any change to the CIP might have an adverse effect on our bond rating. Mr. DiCandido said that three Committee members voted to accept the CIP as presented. Mr. Brown dissented. Mr. DiCandido said that Mr. Brown wanted to include $300,000 for a fire house renovation or new construction and that he wanted to push back the purchase of a fire engine. Mr. Brown said that $300,000 would be for the design phase of a fire house. He suggested adding $3 million as a place holder for a new Hook and Ladder facility. He is concerned about the condition of the present
facility and the propriety of putting a new pumper in this facility.
OLD BUSINESS
Capital Improvement Plan (CIP) for FY 2004-2005 through 2008-2009. Mr. DiCandido moved to accept the Capital Improvement Plan as presented, second by Mr. Borst for discussion. Mr. Rosenthal said that items for the CIP should come from the Department that needs the item and then should be requested by the Board of Selectmen to be then sent to the Legislative Council. He said that adding to the CIP by the Legislative Council is outside of the function that the Legislative Council and Board of Finance adopted. The figure of $3.3 million is beyond any number that was presented to him by the Board of Fire Commissioners. The Board of Finance tried to obtain a figure from the Board of Education for the high school expansion and the Legislative Council added a number that they thought would fit within the
guidelines. He said that a structural engineer said there are concerns but no dangers with the present Hook and Ladder holding a truck. He said that this would be setting a bad precedent for the Legislative Council to set a number that is higher than one that ever came forward. He said that the estimate for structural improvements to Hook and Ladder is $800,000. Mr. Brown suggested postponing the purchase of the pumper for 1-2 years unless there are assurances that the structure is safe.
Dave Ober, Chief of Newtown Hook & Ladder, said that the Fire Department is looking into reburbishing Engine 11. This would add ten years of life and the gross weight would change marginally; a new vehicle would be about 36,000-39,000 lbs. Refurbishing this engine was removed three times from the budget. He said Hook and Ladder would prefer to move because the present location behind Edmond Town Hall is a hazard to pedestrians and auto traffic. The Department is looking at the Smith parcel behind Town Hall South.
Mr. Rosenthal does not think that this matter is in the Legislative Council’s purview. Mr. Rodgers thinks that anything proposed to be added or now in the CIP is within the Legislative Council’s purview.
Mr. Ober said that the Chairman of the Board of Fire Commissioners has left the matter to Hook and Ladder and the First Selectman to discuss. Hook and Ladder will not order a pumper that is too heavy.
Mike McCarthy, President of Newtown Hook & Ladder, said that an engineer is looking at the Smith property as well as the parcel next door to that parcel.
Motion to accept the CIP as presented was unanimously carried.
OLD BUSINESS
Establishing a charter review committee. Mr. Rodgers reported that The Bee will print a press release.
Bridle Association/Conservation Easement will be removed from the agenda until further notice.
PUBLIC PARTICIPATION. Mr. Ober invited the Legislative Council to visit Newtown Hook and Ladder.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that the Board of Selectmen will request an appropriation for an open space initiative. This is in the CIP.
Budgets have been submitted by most of the Departments.
The lease with Kendro should be finalized shortly to employees from Canaan House. Mr. Rosenthal is not sure that the move can be accomplished during the week between Christmas and New Year’s as planned. Martin Luther King weekend will be the goal.
EXECUTIVE SESSION. Mr. Holian moved to enter executive session at 8:20 p.m. to discuss the Board of Education administrators’ contact and to invite Mr. Spragg, Mrs. McClure, Mr. Buzzi, Mr. Gaston and the clerk to attend . Second by Mr. Borst and unanimously carried.
Executive session was exited at 9:25 p.m.
Mr. DiCandido moved to reject the Board of Education Administrators’ Contract as presented to the Legislative Council, second by Mr. Recht. Mr. DiCandido felt that the contract should not be approved. He said that none of the items listed in a memo from him which were concerns presented to him by the Legislative Council were not addressed. He said that the compensation package was overly generous. The input of the Legislative Council should be given prior to the beginning of negotiations. Mr. Holian appreciates Mr. DiCandido’s enthusiasm but said that if we reject the contract it will come back as the same contract since the last best offer on both sides was identical and he wants to save the Town money. Mr. Recht said that the difference between the previous contract and the amended contract is
so small. For someone with a $100,000 salary the savings will be $50 per year. Acceptance of this is not consistent with the way the Legislative Council voted the first time and is not consistent with the memo we produced with thirteen points. He spoke with people in his district and they supported rejection of the contract. Mr. Hemingway said we would spend more money to come back to the same contract. Mr. Pennarola said that rejection would be a meaningless act. He said the entire process through the last month has been worthwhile. Mrs. Baiad agrees with Mr. DiCandido in principle and would vote to reject if there was a chance we would not get this contract back. Mr. Amaral said all those costs would come back fixed. People are leaving town and we should keep them here. Mr. Brown hopes that the message is loud and clear that the Legislative Council is not afraid to do their job and vote no. He also called the question.
Motion failed by roll call vote YES (5) (DiCandido, Recht, Borst, Amaral, Shpunt). NO (6) (Pennarola, Baiad, Hemingway, Holian, Brown and Rodgers). A 2/3 vote would have been necessary per State Statute.
Mr. Holian moved to authorized the Town of Newtown to take whatever action is necessary to defend itself in the matter of Dana Nuzzo vs. the Town of Newtown Conservation Commission, second by Mr. Shpunt. Motion approved unanimously ( Mr. Rodgers abstained.)
ANNOUNCEMENTS. None noted.
ADJOURNMENT. Upon motion of Mr. Borst, the meeting adjourned at 9:55 p.m.
Ann M. Mazur, Clerk
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