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08/02/06
Minutes of the regular meeting of the Legislative Council held on Wednesday, August 2, 2006 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. Amaral, J. Borst, D. Brown, J. Capeci, J. DiCandido, S. Doyle,  P. Llodra, F. Pennarola. ABSENT: W. Rodgers, M. Iassogna, K. Jacobs. ALSO PRESENT:  First Selectman H. Rosenthal, Chairman of the Economic Development Commission C. Hopper and members J. Hemingway and K. Danziger Board Education member P. Mangiafico, one member of press.

MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of July 5, 2006 were unanimously accepted as presented.

PUBLIC PARTICIPATION. None noted.

COMMUNICATIONS. Mr. Holian reported that Mr. Rodgers will be reporting to Iraq for duty one month early and that his tour will be extended from six to seven months.

Mr. Holian reported that Mr. Capeci will be the Legislative Council’s representative at the teachers’ contract negotiations.

Mr. Holian invited Mr. Geckle, Chairman of the Fairfield Hills Authority, to attend the Legislative Council’s August 17 meeting to present an update on progress to date.

COMMITTEE REPORTS.

Ordinance. No report.
Education. No report.
Finance. No report.

Teachers’ contract negotiations. Mr. Capeci said that he is bound to secrecy and feels he cannot comment on the negotiations in executive session. Mr. Rosenthal said that this depends on the ground rules. Mr. Capeci will investigate this.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal had no report. Mr. Brown asked Mr. Rosenthal if there had been any progress on the fire department move. Mr. Rosenthal said that meetings were held with Scudder Smith, the Ambulance Association, Hook and Ladder and a representative of the Board of Fire Commissioners. He said that Mr. Smith offered the Town land on Sugar Street behind Town Hall South. Hook and Ladder and Ambulance were looking to put new buildings for each on the property but the wetlands on the property do not seem to allow the combined building. Mr. Rosenthal said that Hook and Ladder was supposed to talk to structural people about a building and that Ambulance probably would want the property if Hook and Ladder did not want it. Mr. Pennarola is on the Ambulance Board of Trustees and said they are looking into possibly expanding their present building.

UNFINISHED BUSINESS. None noted.

NEW BUSINESS

Transfer FROM Account 01570-2000 Contingency $206,680.00 TO Account 01310-1003 Police Payroll $188,429.00 TO Account 01550-1004 Parks & Rec Maint. $18,251.00. Mr. Borst moved to transfer FROM Account 01570-2000 Contingency $206,680.00 TO Account 01310-1003 Police Payroll $188,429.00 TO Account 01550-1004 Parks & Rec Maint. $18,251.00. Second by Mr. Brown. Mr. Rosenthal explained that this transfer is to fund the accounts after new contracts were negotiated.  Motion unanimously carried.

Designation of Economic Development Commission as development agency for Tech Park. Mr. Rosenthal distributed a letter from Economic Development Commission (EDC) Chairman Hooper (Att. A). He explained that the options for creating a municipal development authority are: to designate the EDC as the development agency, to form a redevelopment agency or to create a non-profit agency. Mr. Borst moved to give the Economic Development Commission the authority to act as the development agency for the Tech. Park. Second by Mrs. Llodra.  Mr. Rosenthal explained that this had been approved unanimously by the Board of Selectmen. He said that the EDC would develop a municipal development plan and present it to the Legislative Council for approval. He said that EDC would have to get the approval of the Board of Selectmen for any leases or sales. Mr. Hopper said that the EDC wants the Board of Selectmen involved in the sale, lease or use of the property. He said that the only purpose of the development authority would be to develop, marked sell or lease the lots. EDC does not want anyone buying for speculation. There will be covenants that construction must begin in a certain number of months. EDC will also look at established companies who wish to expand. If the Legislative Council approves a development plan the EDC would have authority under the statutes to sell or lease lots without going to the Legislative Council or town meeting. Mr. Hopper said that the proposed road would go between TUV Rhineland and the day care center and they each would be given property in the back. There will 9-11 lots of 2-4 acres each. The lots should be for sale by next year.

Motion unanimously carried.

Purchase Of A Triple Combination Fire Pumper Truck And Authorizing The Issuance of $460,000 Bonds.

Mr. Brown moved to waive the reading of the entire resolution, second by Mr. Pennarola and unanimously carried.

Mr. Borst moved to authorize and direct the Board of Selectmen to call a special town meeting to consider and act upon the resolution entitled "Resolution Appropriating $460,000 For The Purchase Of A Triple Combination Fire Pumper Truck And Authorizing The Issuance of $460,000 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 and unanimously carried.

Acceptance of donation of open space along the Pootatuck River by Toll Brothers. Mr. Rosenthal explained that the Planning & Zoning Commission approved this donation of 15.29 acres with access from Oakview Road. Trout Unlimited and Pootatuck Fish & Game are in favor of the acquisition of this property. Mr. Borst moved that the Legislative Council accept the donation of open space along the Pootatuck River by Toll Brothers as indicated in a certain deed entitled “Warranty Deed – Open Space” dated Mau 25. 2006 prepared by Attorney Robert Hall. Second by Mr. Brown and unanimously carried. (Att. B).

PUBLIC PARTICIPATION.  None noted.

Discussion of proposed acquisition of open space (possible executive session).
Legal Matters (possible executive session) Mr. Borst moved to enter executive session at 8:25 p.m. to discuss proposed acquisition of open space and legal matters. Second by Mrs. Llodra and unanimously carried. At this time the clerk left the meeting.




Ann M. Mazur, Clerk

































Addendum to minutes of the Legislative Council regular meeting of August 2, 2006:

Executive session was exited at 8:45 p.m. Mr. Borst moved, seconded by Mr. Brown that the Board of Selectman be authorized to proceed as necessary~in the matters of Zoning Enforcement Officer v. Mr. & Mrs. Charles Hood, Dauti Construction v. Town of Newtown Water & Sewer Authority, Kevin & Robin Fitzgerald v. Newtown P & Z et. al., Jack Samowitz v. Newtown P&Z, and Tannenbaum & Mills v. Newtown ZBA....Motion carried unanimously.
Adjournment. The meeting adjourned at 8:50 p.m.

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