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01/04/06
Minutes of the regular meeting of the Legislative Council held on Wednesday, January 4, 2006 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. Amaral (7:40), J. Borst, D. Brown, J. Capeci, J. DiCandido, S. Doyle, M. Iassogna, K. Jacobs, P. Llodra, F. Pennarola. ALSO PRESENT:  First Selectman H. Rosenthal, Financial Director B. Spragg, Chairman of Board of Finance J. Kortze, Chairman of Board of Education E. McClure, one member of public, one member of press.

PUBLIC PARTICIPATION.  Ruby Johnson, 16 Chestnut Hill Road, asked that someone explain to the public what the $3 million in the Capital Improvement Plan (CIP) for a Commerce Road technology park is going to buy. Is the Town considering becoming a developer? She hesitates to support this. There is an item in the CIP to renovate the Police Department. She feels that the Police station does not have enough parking. She would hesitate to put money into a building that may be too small in the future. Are we going to put a school at Fairfield Hills for $25 million and not look down the road? She said that the Board of Finance should not make policy and when they set limits on money they make policy.

MINUTES. Upon motion of Mr. Borst, the minutes of the  regular meeting of  December 21, 2005 were unanimously accepted as presented.

COMMUNICATIONS. Mr. Rodgers received a solicitation from the Reed Intermediate School PTA to support a playspace at the school. He also reported that the General Code Book process in ongoing.

COMMITTEE REPORTS.

Ordinance. Mr. Pennarola was elected Chairman. The first meeting of the Committee will be held on Wednesday, January 11, 2006 at 7:00 p.m. in The Old Courtroom at Edmond Town Hall to discuss an ordinance concerning the division of the Conservation Commission into the Conservation and Inland Wetlands Commisions.

Finance. Mr. DiCandido was elected Chairman. The first meeting of the Committee will be held on Wednesday, January 11, 2006 at 7:00 p.m. in The Mary Hawley Room at Edmond Town Hall to discuss the CIP.

Education. Mrs. Llodra was elected Chairman. There has not been a meeting scheduled.

Public Safety. Mr. Brown was elected Chairman. There has not been a meeting scheduled.

Public Works. Mr. Capeci was elected Chairman. There has not been a meeting scheduled.

Administration. Mr. Amaral was elected Chairman. There has not been a meeting scheduled.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that last night the Board of Selectmen voted unanimously to recommend an ordinance to establish a Cultural Arts Commission. He said that in order to qualify for many state and federal grants, a municipality must have such a commission.

Mr. Rosenthal reported that the Secretary of State decided that the lever voting machines will remain in place for 2006.

Mr. Brown inquired about the status of the SMT application for tax abatement. Mr. Rosenthal reported that the Board of Finance has not met since the Legislative Council referred the matter back to them.

Mr. Rodgers asked about the status of the snow removal budget. Mr. Rosenthal replied that it is getting rapidly depleted due to the holiday storms.

NEW BUSINESS:

Capital Improvement Plan (CIP). Mr. Spragg presented an overview of the CIP. He said that all items were pushed out one year with the exception of those projects that have already received authorization. He said that this CIP is in compliance with Board of Finance and Legislative Council recommendations to keep within 10%.

In response to Mrs. Johnson’s question about the $3 in the CIP for the Commerce Road technology park, Mr. Rosenthal said that the Economic Development Commission (EDC) requested this for infrastructure, utilities a road and for marketing. He said that the EDC also recommended that the Town develop the infrastructure rather than a having a developer do this. We obtained a $500,000 grant to cover the engineering and design. The latest estimate is $3.4 million for the project which includes the $500,000 grant. He said that the State gave the Town this 37.5 acres plus 35 acres of open space with the condition that it be developed into a technology park.

Mr. Kortze said that the CIP was established in 1997-1998. Guidelines were later established to keep the Non-Recurring Fund at 5% and Debt Service at 10%. He said that Moody’s recommends that a town should have the ability to manage an undesignated fund balance. Mr. Kortze recommends that a Charter Review Commission consider this.

Mr. Kortze said that the Board of Education and Board of Selectmen prioritized the items in the CIP, not the Board of Finance. He feels that the Board of Finance should consider the amounts and not the items in the CIP. The Board of Finance unanimously approved the CIP.

Mrs. McClure said that the Board of Education has not yet voted on what action to take with a high school. Option C is being considered but may be a problem because the high school is within the Aquifer Protection District.

Mr. Rosenthal agrees with the Board of Finance that we should pursue only those options that we can afford and that are in the guidelines.

Mr. Kortze noted that the Board of Finance accepted the Hawley HVAC project as the #1 priority and that the Board of Education said this was a timing issue and that there would be a 2-3 year gap between the Hawley project and the high school project. But he said that the Board of Ed CIP listed the high school process to begin this year. The Hawley project is not in the CIP at present.

Mr. Rodgers feels that the Board of Finance should prioritize the CIP until a body is appointed to do this.

The CIP was referred to the Legislative Council’s Finance Committee.

Mr. Rodgers declared a recess at 9:25 p.m. The meeting reconvened at 9:34 p.m.

OLD BUSINESS

Appointing a Charter Review Commission and charge to the Commission.

Mr. Borst distributed to the Charter Review Commission Appointment Committee a form with questions that were asked during the interviews for the last Charter Review Commission.

Mr. Holian was appointed chairman of the Charter Charge Committee which will meet on Wednesday, July 11, 2006 at 6:00 p.m. in The Old Courtroom, Edmond Town Hall.

PUBLIC PARTICIPATION.  None noted.

EXECUTIVE SESSION. Mr. Holian moved to enter executive session at 9:50 p.m.  to discuss a legal matter and to invite Mr. Spragg to attend. Second by Mr. Brown and unanimously carried. Executive session was exited at 9:55 p.m.

Mr. Holian moved to authorize the Town of Newtown to pursue any and all actions necessary in the case of Tristen vs. the  Town of Newtown Second by Mr. Brown and unanimously carried.

ANNOUNCEMENTS. Mr. Rodgers will distribute the options that the Legislative Council has concerning the CIP before the next meeting.

ADJOURNEMENT. Upon motion of Mr. Holian, the meeting adjourned at 9:58 p.m.




Ann M. Mazur, Clerk