Minutes of the regular meeting of the Legislative Council held on Wednesday, April 5, 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, 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, approximately twenty-nine members of public, one member of press.
PUBLIC PARTICIPATION. Michelle Hankin, 48 Mt. Pleasant Road, asked the Legislative Council to restore the $250,000 cut from the Board of Education budget by the Board of Finance.
Sarah Beier, 7 Yogananda Street, asked that funds be returned to the Board of Selectmen and the Board of Education if they granted by the State Legislature in June. The proposed Charter Revision Commission candidates are not putting our best foot forward. We need a balanced committee.
Bob Merola, 22 Ashford Lane, said that the budget is too high and is unacceptable for those on a fixed income. He thinks it should be cut significantly. Also, he said that the last speaker at the public hearing did not receive any applause as the other speakers did and he thinks everyone should be treated fairly.
Elaine McClure, 32 Ashford Lane, Chairman of the Board of Education, said that this is a special budget. The High School keeps expanding and a portable will be set up for four classrooms and 3 ½ new teachers will be hired. We are practically in crisis at the High School concerning space. This is the first year for the magnet school. She heard that there may be a major motion tonight to decrease the budget by money that we do not yet have from the Appropriations Committee. Please do not cut funds that we do not have. Pass on the Board of Finance’s recommendations.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of March 15, 2006 were unanimously accepted as presented.
COMMUNICATIONS. Mr. Rosenthal reported that the Newtown Parent Connection is having a fund raiser, the Rooster Review, on April 29 at 7:30 p.m. at Rock Ridge Country Club.
COMMITTEE REPORTS.
Education. Mrs. Llodra said that the State will accept a higher enrollment number as a projection figure to calculate the state reimbursement rate.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal said that the Board of Selectmen is recommending that we form a large committee to review the plans of the Town to develop a long range plan. He also said that Appropriations Committee is proposing an energy grant on a per pupil basis and that $339,000 is proposed for Newtown. Also proposed is to increase the cap amount of the Excess Cost Grant for special education students by 28%.
NEW BUSINESS.
Appointment of the auditor for fiscal year 2005-2006. Mr. Holian moved to appoint Kostin Ruffkess and Company as the Town of Newtown auditors for the fiscal year 2005-2006, second by Mr. Brown and unanimously carried.
Ordinances to split the Conservation Commission into the Inland Wetlands Commission and Conservation Commission. Mr. Pennarola reported that a public hearing was held prior to this meeting for proposed amendments to Ordinance 38, Ordinance Establishing the Inland Wetlands Commission and Authorization to Promulgate and Administer Wetlands Regulations, Effectuate the Purposes and Polices of Sections 22A-36 to 22A-45A Inclusive of the Connecticut General Statutes and to Carry out Such Activities as are from Time to Time Designated for the Inland Wetlands Commission, Ordinance 62, An Ordinance to Regulate Forest Practices, Ordinance 65, Ordinance Conservation Commission and Ordinance Aquifer Protection Agency. He received a communication from Shirley Ferris asking that under Ordinance 65,
Conservation Commission (d) “Commissioner of Agriculture and Natural Resources” should be changed to “Commissioner of Agriculture.” She also asked that under Section X, Exceptions add “7. Routine Maintenance of pasture and croplands in order to control invasive and noxious trees, scrubs and weeds.” Mr. Pennarola had discussed this exception with Sally O’Neil, Chairman of the Conservation Commission, who felt that this exception would warrant discussion in the future. Also in the Aquifer Protection Ordinance, paragraph 3, “may” will be changed to “should.” Mr. Pennarola moved to adopt proposed amendments to Ordinance 38, Ordinance Establishing the Inland Wetlands Commission and Authorization to Promulgate and Administer Wetlands Regulations, Effectuate the Purposes and Polices of Sections 22A-36 to 22A-45A Inclusive of the Connecticut General Statutes and to Carry out Such Activities as are from Time to Time
Designated for the Inland Wetlands Commission, Ordinance 62, An Ordinance to Regulate Forest Practices, Ordinance 65, Ordinance Conservation Commission and Ordinance Aquifer Protection Agency. Second by Mr. Borst and unanimously carried.
Finance Committee. Mr. DiCandido reported that the Finance Committee met on April 3 and voted to accept the budget as presented by the Board of Finance with the recommendation that $40,000 for apparatus driver be eliminated and that $40,000 be added to Account 01320-5080 Capital Equipment. Also the Finance Committee recommended that the Board of Selectmen’s budget be reduced by $100,000 due to favorable insurance rate changes and that the Board of Education budget be reduced by $176,000 due to favorable insurance rate changes. Mr. Rosenthal said that the Board of Selectmen could make the $40,000 transfer. Mr. DiCandido moved to accept the budget as presented by the Board of Finance with further adjustments to reduce the Board of Selectmen’s budget by $100,000 and to reduce the Board of Education
budget by $176,000. Second by Mr. Brown for discussion.
Mr. Rodgers reported that the Board of Finance had some additional information and asked Mr. Kortze to present this information. Mr. Kortze said that any additional savings realized between the time that the Board of Finance acts on the budget and when the Legislative Council takes up the budget are usually presented for consideration. The Board of Finance recommended that the Legislative Council consider additional revenues. He said that if the Council leaves the budget as is it will go to the taxpayers will a higher level of taxation and the money will not be available to the town for one to two years. Or the Council could reduce the budget for a less amount of taxation. He said that the Board of Finance does not recommend using any additional money from the Reserve Fund for use as revenue. Mr. Rodgers asked for
comments from members of the Board of Finance. Mr. Gaston said that we should determine the probability rather than the possibility of what we may receive. He has serious trepidations about funding something from the surplus.
Mr. Rodgers said that the Board of Selectmen is OK with the Board of Finance’s recommendations and if these revenues were not received there would be a positive action from this Legislative Council. Mrs. Llodra said that the Board of Education should have a fair and firm figure. She said it was the consensus of the Education Subcommittee that the budget as recommended by the Board of Finance be approved.
Mr. Pennarola asked what the Board of Education would use the additional revenues for? Mr. Buzzi said that the Board of Ed would use the money responsibly and always tries to return money to the Town. He said some of the money would probably be used for oil. Mrs. McClure said that this would be special money and the Board of Education would return to the Town what is not needed. Paul Mangiafico, Kent Road, is a member of the Board of Education, doe not believe that money should be spent just because it was appropriated. If a windfall should occur, he would give very serious consideration to returning the money to the town if it was note needed. David Nanavaty, Board of Ed member, said we are responsible and would not spend excess money.
Mr. Holian moved to amend the motion and moved to reduce the increase to the Board of Education budget by an additional $284,000 beyond that reduction recommended by the Board of Finance, to adjust for projected increases in revenue of at least the same amount. THIS MOTION IS MADE WITH THE UNDERSTANDING THAT IF ADDITIONAL STATE REVENUES DO NOT MATERIALIZE IN THE EXPECTED AMOUNT, the Board of Finance anticipates favorably recommending a transfer from the Capital Reserve and General Fund to offset this reduction and this Council will support such a recommendation. Second by Mr. DiCandido for discussion.
At 8:51 p.m. Mr. Rodgers called a three minute recess. The meeting reconvened at 9:10 p.m.
Mr. Holian withdrew his amendment and Mr. DiCandido withdrew his second.
There was a roll call vote on the main motion to accept the budget as presented by the Board of Finance with further adjustments to reduce the Board of Selectmen’s budget by $100,000 and to reduce the Board of Education budget by $176,000.
YES (W. Rodgers, T. Holian, D. Amaral, D. Brown, J. Capeci, J. DiCandido, S. Doyle, M. Iassogna, P. Llodra, F. Pennarola.) NO (J. Borst, K. Jacobs). Motion carried.
Mr. Rodgers asked if the Board of Education would return to the Town the same amount of any extra revenue that they might receive. This would reduce the budget increase by 1/10 of a mill. Mrs. McClure said that the Board would have to have a meeting to discuss this and at Mr. Rodgers’ request would put this on next week’s agenda. Mr. Rodgers said that the Legislative Council would schedule a special meeting next Wednesday April 12 which will be cancelled if the Board of Education does not act on this matter. Mr. Mangiafico said that as a taxpayer he is very uncomfortable setting up a budget when we do not know what will happen. Mr. Rodgers said we routinely deal with the State budget being six weeks out of whack with our budget. Mr. Rosenthal said that our revenue is all anticipated revenue. Mr.
Holian moved to increase the Board of Selectmen revenue side by $30,000 for a bottom line of $11,379,569, second by Mr. Pennarola and unanimously carried. Mr. Holian moved that the Financial Director be authorized to make any mathematical corrections that might be required in the appropriations and revenue and report back to the Legislative Council, second by Mr. Brown and unanimously carried.
Elderly tax relief cap. Mr. Holian moved to increase the dollar cap for elderly tax relief by $50,000 per ordinance 45-A. Second by Mr. Brown and unanimously carried.
UNFINISHED BUSINESS
Charter Charge Committee will not be acted on tonight.
Charter Selection Committee. Mr. Borst explained the work that the Committee has done. The Committee received 21 applications. On February 8 and February 13 17 people were interviewed, 5 Democrats, 6 Republicans and 6 unaffiliated (4 candidates had withdrawn). The Committee selected 2 Democrats, 2 Republicans 5 unaffiliated and three alternates, 1 Democrat and 2 Republicans. A special meeting was held on March 8 to re-evaluate the candidates. On March 27 the Committee voted to stay with the list. No resumes were requested though some did submit resumes. The candidates were asked the eight questions asked of the previous Charter Revision candidates.
PUBLIC PARTICIPATION. Sarah Beier, 8 Yogananda Street, noted that three of the four members of the Charter Selection Committee were present at the first meeting of the Committee.
EXECUTIVE SESSION. Mr. Borst moved to enter executive session at 10:03 p.m. to discuss a legal matter and possible acquisition of property, second by Mrs. Llodra and unanimously carried. Executive session was exited at 10:23 p.m.
Mr. Borst moved to authorize the Town of Newtown to foreclose on 35 Lakeview Terrace, second by Mrs. Llodra and unanimously carried.
Mr. Borst moved to authorize the Board of Selectmen to acquire the Reynolds property of 29 + acres on Shepard Hill and Sugar Hill Roads. Second by Mrs. Llodra. YES (W. Rodgers, T. Holian, D. Amaral, J. Borst, D. Brown, J. Capeci, J. DiCandido, S. Doyle, M. Iassogna, K. Jacobs, P. Llodra, F. Pennarola.) NO (J. DiCandido). Motion carried.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. The meeting adjourned at 10:35 p.m.
Ann M. Mazur, Clerk
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