The Legislative Council held a regular meeting on Wednesday, February 16, 2005 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, M. Iassogna, J. Borst, F. Pennarola, J. Hemingway. ABSENT: R. Recht..
ALSO PRESENT: First Selectman H. Rosenthal, Financial Director B. Spragg, Town Attorney D. Grogins, Board of Education Director of Business R. Bienkowski, C. Hopper and K. Danziger from the Economic Development Commission, and one member of press.
PUBLIC PARTICIPATION. None noted.
MINUTES. The minutes of February 2, 2005 to note that Mr. Iassogna and Mr. Rosenthal were present. Mr. Borst moved to accept the minutes of December 1, 2004. Second by Mr. DiCandido and unanimously accepted as presented.
COMMUNICATIONS. Mr. Rodgers, Mr. Rosenthal and Mr. Kortze attended a meeting of “Citizens for Newtown,” formerly “Save Our Schools.” Mr. Rodgers reported that the group plans to focus more on the entire town budget, not just the Board of Education budget.
The Fairfield Hills Ad Hoc Advisory Committee will recommend to the Board of Selectmen that the Board of Selectmen request the State legislature create an enabling ordinance to allow us to create a Fairfield Hills authority by ordinance. The Committee will provide the ordinance.
The Lake Zoar Policy and Procedure Manual was submitted to Mr. Rodgers.
The Legislative Council will plan to have a meeting at the Edmond Town Hall and tour the Hook and Ladder building before the meeting. Mr. Rosenthal met with the Chairman of the Board of Fire Commissioners to urge the Commission to put together a five year plan for the Capital Improvement Plan and design a facility as if they were going to pay for it.
Mr. Rodgers and Mr. Pennarola will review the proposed municipal code book this week.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that the governor’s proposed budget is a better starting point that in the last 8-9 years. Aid as is it has been with some increases and presents a better revenue picture.
NEW BUSINESS:
Business Incentive Plan from the Economic Development Commission. Mr. Hopper explained that this plan is in response to other towns in Connecticut, most of whom have some form of incentive plan. It would be available to any business that comes into Newtown or expands a business now in town that results in an increase in our tax base. The amount would be negotiated. There is a multiplier for personal property because personal property cannot be abated. Mr. Hopper will review the state statutes to see if someone who leases space would be eligible. Mr. Rosenthal said that the Legislative Council does not have to adopt the plan but it would help if they did. Mr. Grogins suggested looking at the Ridgefield ordinance which has a provision for personal property abatement of a large amount of property.
Acceptance of the audit report for the year ending June 30, 2004. Mr. DiCandido moved to accept the audit report as presented for the year ending June 30, 2004. Second by Mr. Shpunt and unanimously carried.
Appointment of auditor for the year ending June 30, 2005. Mr. DiCandido moved to appoint Kostin Ruffkess & Company LLC as the auditor for the year ending June 30, 2005. Second by Mr. Iassogna and unanimously carried.
Cost Cap Insurance for Fairfield Hills. The three options in the report from R. W. Bartley & Associates were discussed. Mr. Rosenthal explained that the town has environmental liability insurance for third party claims. The cost cap insurance would be for items in the ground such as pesticides. The Board of Selectmen voted not to purchase the insurance because they felt that this is a financial issue. The Board of Finance voted to purchase environmental insurance. Mr. Grogins said that the remedial action plan approved by the State must be completed by July, 2006. Mr. Holian moved that the Legislative Council recommend purchasing Option 3 cost cap insurance for the Town of Newtown for Fairfield Hills. Second by Mr. Hemingway and unanimously carried.
OLD BUSINESS
Establishing a charter review committee. This item will be revisited at the end of the budget season. There was little response from applicants at this time.
Request for Special Appropriations for Oil Spill at Reed Intermediate School.
Mr. Holian moved to adopt the following resolution and for the reasons set forth in the resolution to authorize the Financial Director to direct that a resolution be prepared for the special appropriation for the oil spill at the Reed Intermediate School. Second by Mr. Borst and unanimously carried.
“RESOLVED: the Town hereby expresses its official intent pursuant to Section 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of adoption of this Resolution from the net proceeds of the Bonds. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize. The Town hereby certifies that its intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. This Resolution is adopted solely for purposes of compliance with the Regulations and may not be used or relied on for any other
purpose” and move that the Board of Selectmen be authorized to call a town meeting.
Acquisition of open space parcels. Mr. Holian moved to waive the reading of the two resolutions, one for $2 million and one for $10 million. Second by Mr. Brown and unanimously carried.
Mr. Holian introduced and moved to authorize and direct the Board of Selectmen to call a special Town Meeting to consider and act upon the resolutions entitled “Resolution Appropriating $2,000,000 For The Acquisition Of Land In The Town of Newtown And Authorizing The Issuance Of $2,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”. Second by Mr. Shpunt. Mr. Iassogna the purchase of the cove but not Laurel Trail. Mr. Rosenthal said that this property abuts town open space and is scenic. Mr. Hovious said that the Open Space Task Force rated these two properties as #1 and #3 out of 8 or 9 parcels they looked at. Upon roll call vote the Ayes and Nays were as follows: AYES: W. Rodgers, T. Holian, D. Amaral,
D. Brown, J. DiCandido, P. Baiad, J. Shpunt, M. Iassogna, J. Borst, F. Pennarola, J. Hemingway. Councilman Rodgers thereupon declared the motion carried.
Mr. Holian introduced and moved to authorize and direct the Board of Selectmen to call a special Town Meeting to consider and act upon the resolutions entitled “Resolution Appropriating $10,000,000 For The Acquisition Of Open Space Land In The Town of Newtown And Authorizing The Issuance Of $10,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose” Second by Mr. Brown. Mr. Iassogna questioned the figures for housing and population. Mr. Rodgers noted that the rationale for purchasing has come under scrutiny of some of the Council members. Upon roll call vote the Ayes and Nays were as follows: AYES: W. Rodgers, T. Holian, D. Amaral, D. Brown, J. DiCandido, P. Baiad, J. Shpunt, M. Iassogna, J. Borst, F. Pennarola, J. Hemingway. Councilman Rodgers thereupon declared the motion carried.
Compliance with the Plan of Conservation and Development. Mr. Rodgers will attend the meeting on February 24.
Special Appropriation for Twenty-Seventh Payroll:
Mr. Holian moved to transfer from Account 002-0110 Town Clerk Conveyance Tax $327,430 and to Various Payroll Accounts $302,430 and to Account 01-0012 Social Security $ 25,000. Second by Mr. Borst. Mr. Rosenthal explained that the Board of Selectmen decided to fund these increases with current money from unanticipated conveyance taxes rather than put this item in next year’s budget. Motion unanimously carried.
Sales of five town-owned houses on Mile Hill South. Mr. Holian moved to sell the five houses on Mile Hill South Road owned by the Town of Newtown as described as Lot 1 (House/.66 acres); Lot 2 (house/.96 acres); Lot 3 (house/.90 acre); Lot 4 (house/1.24 acre); Lot 5 (house/2.54 acre), all more particularly shown on map entitled ‘PERIMETER SURVEY & SUBDIVISION MAP, STATE OF CONNECTICUT DEPARTMENT OF PUBLIC WORKS, A-N CONSULTING ENGINEERS, INC., 505 WILLARD AVENUE, NEWINGTON, CONNECTICUT, DATE 08-05-97, SCALE 1”= 100’, DRAWN BY R.K., APPROVED BY J.W.D. DRAWING NO. 3 OF 9, CAD NO. 1478-05, DWG, PROJECT NO. B1-A-335, ALSO KNOWN AS Town Clerk Map #7664, and to authorize that the proceeds be expended for the purpose of environmental remediation at the former Fairfield Hills property. The
sale of these properties to include deed restrictions to require that each property remain as single family residences with no subdivision of lots and to authorize the Board of Selectmen to call a town meeting. Second by Mr. Shpunt. Upon roll call vote the ayes and nays were as follows: AYES: T. Holian, D. Amaral, D. Brown, P. Baiad, J. Shpunt, M. Iassogna, J. Borst, F. Pennarola, J. Hemingway. NAYS: J. DiCandido, W. Rodgers. Councilman Rodgers thereupon declared the motion carried.
ANNOUNCEMENTS. Mr. Rodgers asked that Council members go through the First Selectman or him before asking for information from a town agency.
ADJOURNMENT. Upon motion of Mr. Borst, the meeting adjourned at 9:50p.m.
Ann M. Mazur, Clerk
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