The Legislative Council held a regular meeting on Wednesday, June 15, 2005 in the Meeting 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. Brown, J. Shpunt, F. Pennarola, J. Hemingway, D. Amaral, J. DiCandido, M. Iassogna, J. Borst, R. Recht, P. Baiad.
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ALSO PRESENT: First Selectman H. Rosenthal, Financial Director B. Spragg, Board of Education Members P. Mangiafico and T. Gissen, Chairman of Fairfield Hills Ad Hoc Committee J. Reed, two members of public, one member of press.
PUBLIC PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, came to speak on behalf the Charter. State officials said they passed the Public Act allowing the Fairfield Hills Authority because the town elected officials wanted it. She said that the Council represents the people in their districts. A town meeting is needed to sell or lease land. We have a process to change the Charter. Think about the enduring nature of a constitution. Doug Brennan, 8 Antler Pine Road, shares Mrs. Johnson’s concerns. Section 750 of the Charter says you cannot pass an ordinance that is inconsistent with the Charter. What was passed is a special act not under the guise of a special act. The State did not enter into an agreement with the Legislative Council. I believe that you would be opening a can of worms and
you could severely depress the value of the land by putting a cloud over the land. An ordinance may be passed this year and next year there may be a different ordinance. Something that has the gravity of the development of a parcel of land such as this is not appropriate for an ordinance but is appropriate for a town meeting.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of May 4, 2005 were unanimously accepted as presented.
COMMUNICATIONS. The Tercentennial Calendar of Events was distributed, including the Rooster Rally and street fair June 18.
Paintings by Mae Schmidle are displayed in the Library.
Mr. Rodgers noted that the Board of Education budget shortfall of $400,000 was offset by $300,000 in unanticipated revenues and $100,000 from the Board of Education budget.
Mr. Mangiafico will discuss the nurses’ contract in executive session. Mr. Rodgers noted that this is clearly not a binding precedent for the Board of Education.
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COMMITTEE REPORTS.
Education. Mr. Borst first noted he had a letter from the Connecticut Siting Council granting Omnipoint LLC a certification of environmental compliance for the tower on Edmond Road. Mr. Borst said that the bids for the Hawley School HVAC project will go out on July 8 and will be due on August 23. Work will begin on December 26; estimated cost is $4,493,000. Public Building and Site Committee (PBSC) recommended an overall architectural review for the Middle School cafeteria and auditorium renovations. Fletcher Thompson will be paid $20,000 for this study. Estimated cost for the project is $4,120,000. The Board of Ed recommended to the Board of Selectmen to hire Brennan Construction to complete the water line to Middle Gate at a cost of $89,232.50; total cost is estimated to be $219,233 which is much lower than the
$500,000 that was authorized. Blue & Gold are requesting to improve the High School stadium (Attachment A). Bleachers will be expanded, restrooms will be added. A trail will be removed from the back field and a pagoda build to store equipment. The estimated cost of $1 million will be raised by Blue & Gold. Mr. Rosenthal noted that the recommendation from the Board of Education goes to the purchasing authority not the Board of Selectmen. He also said that the Middle School renovations were not part of the Capital Improvement Plan and that Dr. Pitkoff said that the study would not be done. Mr. Borst said there is now money for the study.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported on legislation that had been passed. The conveyance tax increase from $1.10 to $2.50 per $1,000 has yet to be signed by Governor Rell. The two properties on Commerce Road that the State gave to the town for a tech park will be combined; the amount of open space will remain the same. The Farmland Preservation Act grants are for open space, farmland preservation, brownfields cleanup and affordable housing. There will be a $30 increase in the charge to file real estate documents effective July 1. Mr. Borst noted that the Middle School HVAC project was part of the CIP but was put on hold in February; funds were transferred back after that and Mr. Bienkowski recommended the study.
NEW BUSINESS
Proposed Fairfield Hills authority ordinance. Mr. Pennarola explained that Public Act 05-33 passed on May 17 allows municipalities to establish a Municipal Development Agency. The Ordinance Committee met on May 25 and drafted an ordinance (Attachment B) which was modified by the First Selectman (Attachment C). The Fairfield Hills Authority would implement the Fairfield Hills Master Plan. Any changes to the Plan would have to be approved by Planning and Zoning after a public hearing. Mr. Rodgers noted that the town attorney reviewed the draft. This draft adheres to state statutes and to the charter. Mr. Rodgers also noted that the elected officials represent their constituents. The higher officials who were consulted probably assumed that the elected officials were acting on behalf of their constituents.
Dr. Reed said that the Ad Hoc Committee unanimously felt that it was in the best interest of the town to establish an entity to administer the responsibilities of the day to day operations of Fairfield Hills whose sole reason for existence is their interest in Fairfield Hills. Mr. Rosenthal said that the Board of Selectmen gave the Ad Hoc Committee the charge to think about the best way to manage the property.
The original draft was revised to add dates and as indicated in italics to make the Authority function similarly to the WPCA. Mr. Rodgers suggested adding “by those bodies” after “as deemed appropriate.”
Mr. Borst is opposed to the fact that the Legislative Council does not have input in the selection of the authority. If the Board of Selectmen selects the people, he said that two people are making the selections. Mr. Rosenthal noted that the present Board of Selectmen has functioned with all three participating actively for the last eight years.
A public hearing will be held on July 6, 2005 prior to the regular Legislative Council meeting. Mr. Pennarola said that the Ordinance Committee recommends that the Legislative Council adopt the proposed ordinance as modified.
Year-end Transfers 2004-2005.
Mr. Holian moved that the Financial Director is authorized to make any nominal transfers that might be required to close out fiscal year 2004-2005. Second by Mr. Borst.
Mr. Spragg explained that the Health Insurance Account will need a transfer of $50,000 to $60,000 and he considers this to be nominal. Mr. Rosenthal said that the reason that this transfer is needed is because the Board of Finance cut $50,000 from the budget despite the insurance quotes that were higher. The rates did not change. Motion unanimously carried.
Mr. Holian moved to transfer From Account 01500-4064 Overlay $52,000, From Account 01510-2033 Chains & Blades $ 6,000,from Account 01510-1003 Winter Overtime $ 5,500, To Account 01500-2016 Equipment Fuel $63,500. Second by Mr. Pennarola and unanimously carried.
PUBLIC PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, suggests that the Legislative Council talk to Planning and Zoning. She feels that P&Z feels that they have very little power to change or oversee. She said that in 2003 the First Selectman made a campaign pledge that the people could vote. The voters turned down the master plan. She said that Hong Kong dedicated 50% of its land to parks and nature preserves and was cited as one of the best cities for business
Mr. Rosenthal noted that the Board of Selectmen committed to let the people vote in 2001. The voter turnout was quite low. In the last campaign the Board of Selectmen all indicated that they would not have another vote. A public opinion survey was conducted and the plan was then modified.
Mr. Rodgers said that there was comment that two years ago the Board of Selectmen tried to run a special act through without the knowledge of the Legislative Council but that two Council members were present and thus knew about the matter.
EXECUTIVE SESSION. Mr. Borst moved to enter executive session at 9:02 p.m. to discuss contract negotiations and to invite Mr. Spragg, Mr. Mangiafico and Mr. Gissen to attend, second by Mr. Holian and unanimously carried.
At this time the clerk left the meeting.
Ann M. Mazur, Clerk
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