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12/13/06 Special Meeting
Minutes of the special meeting of the Legislative Council held on Wednesday, December 13, 2006 in the Senior Center, Riverside Road, Sandy Hook, CT. Vice-Chairman Holian called the meeting to order at 8:00 p.m.

PRESENT: T. Holian, D. Amaral, J. Borst, D. Brown, J. Capeci , J. DiCandido, S. Doyle, K. Jacobs, M. Iassogna, P. Llodra, F. Pennarola. ABSENT: W. Rodgers. ALSO PRESENT:  First Selectman H. Rosenthal, Financial Director B. Spragg, members of the Boards of Finance and Education, members of the Fairfield Hills Authority, Board of Ed Superintendent Dr. E. Pitkoff, Board of Ed Director of Business R. Bienkowski, approximately ten members of public, one member of press.

PUBLIC PARTICIPATION. Guy Howard, 4 Main Street, asked if Fairfield Hills is set in stone. What would be the penalty for delaying 30-60 days? He is looking for the Legislative Council and the Board of Finance to use good judgment in the best use of tax dollars.

Ruby Johnson, Chestnut Hill Road, asked that a charge be sent to the Charter Revision Commission to look at the Capital Improvement Plan (CIP) in the charter as it is only mentioned one time; ask them to look at this and try to resolve some of the situations that we have.

Dave Galossi, 151 Huntingtown Road, said that the town CEO needs to make a decision that is right for the town. Maybe we need a town planner for this.

Gary Davis, 20 Charter Ridge Drive, said we need a long term solution to the high school situation. Fairfield Hills money was approved five years ago and maybe we should take a breather with Fairfield Hills.

Po Murray, 38 Charter Ridge Drive, said she encouraged the Legislative Council to do this for a year and nothing was done. Create a long term plan tonight.

Laura Carminuccio,4 Galilee Way, asked what will happen to Edmond Town Hall? There is a kitchen planned. Will it be commercial?

Paul Mangiafico, 15 Kent Road, said we are in a dilemma with a tremendous amount of needs and limited money. He thinks the 10% cap is important.  He doubts that the voters would approve the $21 million for Fairfield Hills today. We should stop spending the money and look at what is important today. Do not make the same mistakes we made with the last expansion.

George Paak, 15 Oakview Road, said that educational curriculum content has not been addressed. Evaluate our priorities.

Bob Merola, 22 Ashford Lane, does not hear long range planning. In the spring he asked if the atrium at the high school could be used for expansion but did not receive an answer.  

COMMUNICATIONS. None noted.

COMMITTEE REPORTS.

Ordinance. No report.
Finance will report under New Business.
Education. No report.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that the town manager of Cheshire will attend the Board of Selectmen’s meeting on Wednesday, December 20 at 5:00 in the Library. He will discuss how Cheshire developed its long range strategic plan of development. He noted that the voters approved the Fairfield Hills expenditures at least three more times after 2001. He is not saying that a town hall is more important than another project. We are following a procedure that was set out. If the $8-10 million is postponed it will cost us more later. He feels that a town hall at Fairfield Hills will encourage more investment. The CIP is addressed in the charter as set forth by the Legislative Council. Concerning the Edmond Town Hall, he noted that the Board of Managers is elected. It is possible that some of the space used by town offices could be used for community functions.
  
UNFINISHED BUSINESS. None noted.

NEW BUSINESS.

Transfer        

Mr. Borst moved to transfer from Account 01570-2000 Contingency $8,400.00 to Account 01310-1004 Police Clerical $7,600.00 and to Account 01300-2034 E.Dispatch Uniforms $800.00. Second by Mr. Amaral and unanimously carried.

Presentation by and discussion with Board of Finance re High School addition and Capital Improvement Plan (CIP). John Kortze, Chairman of the Board of Finance said that everything given to the Board of Finance by the Boards of Education and Selectmen for inclusion in the CIP is there. The Board of Finance considered data such as the Bothwell numbers, state information, housing starts and permits and Mr. Kortze had a discussion with Representative Wasserman. They looked at revenues. He distributed options for the CIP. Attachment “A” assumes a 6% growth with $47.8 million for the high school. Attachment “B” would need more projects removed to bring the cap to below 10% and the high school is $47.8 million. Attachment “C” lists the high school as $39million and Hawley is moved out. This plan is below the 10% cap. Mr. Kortze feels that postponing a project will result in its costing more. He said the Board of Finance feels very strongly about the 10% cap. Board of Finance member Harry Waterbury said we have never exceeded 8%. Board of Finance Vice-Chairman Jim Gaston noted that “Municipality Profile 2005” indicates that the average debt ratio in the state is 7.7%. Mr. Kortze said that the Board of Finance will not recommend “A” because it is over the 10% cap. He said that “C” gets the most done in the soonest time. Mr. Gaston presented “Graph of New Home Builds” (D) showing the decrease in new homes in Newtown.  He also presented “New Build Estimates”(E). Council member Mike Iassogna asked if the $2 million not spent on Fairfield Hills yet could be put back and projects be taken out to bring the cap under 10%. Mr. Rosenthal said that the money from the sale of the lots in the tech park could be put against what we borrow. Council member Joe DiCandido said we cannot sustain public education as it is now going. Board of Finance member Mike Portnoy noted that the Bothwell mid figures were adjusted and now are the high figures. Council member Tim Holian would agree to using the new Bothwell high figures. Mr. Iassogna and Mr. Jacobs agree. Board of Ed member Tom Gissen would agree with the Bothwell high figures if they are not used as the last build out figures in case future expansion is needed. Council member Pat Llodra would agree with the Bothwell high figures if they include turfing the stadium. She would like to know the impact of  postponing Fairfield Hills expenditures. Mr. DiCandido would like to push some projects out to reduce spending. The Council agrees with the 10% cap. Council member Jeff Capeci would like to look at moving out unspent items and agrees with the new Bothwell high with turfing the field. Mr. Pennarola agrees with the Bothwell high. Mr. Kortze will prepare new numbers to present to the Council. He feels that unspent money will not have a great impact and would be about $2 million.

Teachers’ Contract. Mr. DiCandido noted that the Finance Committee met tonight and voted 5-1 in favor of the contract. It was noted that no action by the Legislative Council equals acceptance of the contract. There was no motion to object to the contract. No action was taken.

Mr. Brown asked if a member of the Board of Education would acknowledge that there was an error in the methodology of the November 27, 2006 report. Superintendent Pitkoff acknowledged this. He said that the first analysis was to highlight large differences in the medical savings and the figures should have gone back to the previous year. A new report dated December 12, 2006 replaced the November 27 report.

PUBLIC PARTICIPATION.  None noted.

ANNOUNCEMENTS. The meeting scheduled for December 20 will be cancelled.

EXECUTIVE SESSION Mr. Borst  moved to enter executive session at 10:50 p.m. to discuss  legal matters Seconded by Mr. Brown and unanimously carried.

Executive session was exited at 11:05 p.m.

Mr. Borst moved that the Town of Newtown take action necessary to defend itself in docket #306CV1877SRU in the matter of Matt DeAngellis vs. the Town of Newtown et al. Second by Mr. Capeci and unanimously carried.

Mr. Borst moved that the Town of Newtown take action necessary to defend itself in the matter of Christian and Judith Qualey vs. the Town of Newtown Planning and Zoning Commission and Monaco Properties Limited. Second by Mr. Pennarola and unanimously carried.

Mr. Borst moved that the Town of Newtown take action necessary to defend itself in the matter of Drew vs. the Town of Newtown Planning and Zoning Commission. Second by Mr. Amaral and unanimously carried.

ADJOURNMENT. The meeting adjourned at 11:15 p.m.



Ann M. Mazur, Clerk