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May 4, 2005
The Legislative Council held a regular meeting on Wednesday, May 4, 2005 in the Multi-Purpose Building, 14 Riverside Road, Sandy Hook, CT. Vice-Chairman Holian called the meeting to order at 7:30 p.m.
PRESENT: T. Holian, D. Brown, J. Shpunt, F. Pennarola, J. Hemingway, D. Amaral, J. DiCandido, M. Iassogna, J. Borst. ABSENT: W. Rodgers, R. Recht, P. Baiad.
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ALSO PRESENT: First Selectman H. Rosenthal, Financial Director B. Spragg, Board of Education Member P. Mangiafico, Town Attorney D. Grogins (8:30), Attorney Monte Frank (8:30), one member of press.
PUBLIC PARTICIPATION. None noted.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of April 20, 2005 were unanimously accepted as presented.
COMMUNICATIONS. A letter was received from the Tercentennial Commission (A). Director of Community Development Liz Stocker sent a page from the New England Real Estate Journal concerning economic development in Newtown (B).
COMMITTEE REPORTS. None noted.
FIRST SELECTMANS REPORT. Mr. Rosenthal reported on pending legislation. House bill #6393 An Act for Community Preservation and Investment would allow municipalities to impose .25  1.0% tax on buyers of property to be used for open space, recreation and access to public and town water, brownfields remediation and affordable housing. House bill #6841 An Act Concerning Real Estate Conveyance Tax would extend the tax for two years with a .25% option for municipalities. Mr. Rosenthal said that we have $300,000 in next years budget assuming the tax remains next year. Senate bill #00096 from the FOI Commission would require that executive sessions of all public agencies be recorded and the tapes preserved. Also agendas would have to be filed with the Secretary of State twenty-four hours in advance of a meeting.
Mr. Rosenthal reported that all five of the houses on Mile Hill South sold for a total of $1,628,000.
Mr. Borst inquired about the status of the oil spill. Mr. Rosenthal said that the extent of the spill in and under the school did not extend some areas of concern. He said that Attorney Grogins is negotiating with the EPA to possibly have the Town pay a small fine if the Town does additional remediation for Deep Brook. The Town is working with Trout Unlimited who wrote a favorable letter to the EPA about the Towns efforts.
NEW BUSINESS
Salaries of the First Selectman and Town Clerk. Mr. Borst moved to increase the salary of the Town Clerk from $57,263 to $59,267 for the period December 1, 2005 through November 30, 2006. Second by Mr. Hemingway and unanimously carried.
Mr. Rosenthal distributed information comparing the salaries of various public officials to that of the first selectman). Mr. Borst moved to set the salary of the First Selectman for the fiscal year 2005-2006 $90,862 commencing on December 1, 2005 and for the fiscal year 2006-2007 $94,042 commencing on December 1, 2006. Second by Mr. Pennarola. Mr. Brown said that approving a 3.5% increase will make future negotiations difficult. Mr. DiCandido said that fringe benefits should be focused on in negotiations. Mr. Iassogna said that we can adjust the first selectmans salary to the market value. Motion unanimously carried.
Mill Rate. Mr. Spragg distributed BeeBudget Summary 2005-06BOF (D). Mr. Borst moved to set the mill rate for fiscal year 2005-2006 at 26.1 mills. Second by Mr. Pennarola. There was discussion about whether the Legislative Council could set a higher or lower mill rate and why and what would happen if the Council did not set the mill rate. Mr. Pennarola moved the question, second by Mr. Hemingway and unanimously carried. Vote on main motion to set the mill rate unanimously carried.
Tax Suspense List. Mr. Borst moved to transfer 250 personal property accounts totaling $77,273.40, 7 real estate accounts totaling $63,021.90 and 790 motor vehicle accounts totaling $131,825.23 for a total of $272,120.53 to the Tax Suspense Account as indicated in the May 2, 2005 memo from Tax Collector Carol Mahoney. Second by Mr. Shpunt and unanimously
carried.
Senior Benefit Tax Cap. Mr. Borst moved to increase the senior benefit tax cap to $750,000. Second by Mr. Shpunt. The current cap is $650,000. Some members of the Council were concerned that this might not be enough of an increase to accommodate all who are eligible for the benefit. Mr. Holian and Mr. Spragg said that Mrs. Mahoney had assured them  that $750,000 would be sufficient for all who
applied by the May 15, 2005 deadline. Motion unanimously carried.
PUBLIC PARTICIPATION. None noted.
EXECUTIVE SESSION. Mr. Borst moved to enter executive session at 8:22 p.m. to discuss legal matters and to invite Mr. Spragg, Mr. Grogins and Mr. Frank to attend, second by Mr. Brown and unanimously carried.
Executive session was exited at 9:32 p.m.
Mr. Borst moved to authorize the First Selectman to prosecute the Town of Newtowns interests in the case of Robert Hall vs. the Town of Newtown. Second by Mr. Brown and unanimously carried.
Mr. Borst moved that the Town of Newtown via the Board of Selectmen acquire by negotiated transaction or eminent domain the Eichler Cove property. Second by Mr. Pennarola and unanimously carried.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. Upon motion of Mr. Pennarola, the meeting adjourned at 9:45 p.m.
Ann M. Mazur, Clerk