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01/17/07
Minutes of the regular meeting of the Legislative Council held on Wednesday, January 17, 2007 in the Meeting Room of the C. H. Booth Library, 25 Main Street, CT. Vice-Chairman Holian called the meeting to order at 7:30 p.m.

PRESENT: Timothy Holian, Joseph Borst, Daniel Amaral, David Brown, Jeffrey Capeci, Joseph DiCandido, Stacie Doyle, Keith Jacobs, Michael Iassogna, Patricia Llodra, Francis Pennarola. ABSENT: William Rodgers. ALSO PRESENT:  First Selectman Herbert Rosenthal, Financial Director Benjamin Spragg, Schools Superintendent Dr. Evan Pitkoff, Schools Assistant Superintendent Alice Jackson, Schools Director of Business Ronald Bienkowski members of the Boards of Education and Finance, approximately nineteen members of public, one member of press.

PUBLIC PARTICIPATION. Gary Davis, 23 Charter Ridge Drive, suggests that the $7 million in the Capital Improvement Plan (CIP) for two projects for Fairfield Hills be moved over for other projects such as repairs in the schools. Also  where did the $21 million to be bonded for Fairfield Hills go and is this the direction we want to go; is this how we want our money spent? He recommends that the money for the recreation center, community center, senior center, pool and ballfield lights be moved out of the CIP and to Fairfield Hills money. The Fairfield Hills Authority should stop spending money until we are satisfied with the Town Hall project.

Po Murray, 38 Charter Ridge Drive, said that five of the six Board of Finance members said that a new Town Hall is not a priority in view of other needs. The Master Plan buildings and the Town Hall project should go through the CIP process so that the voters can decide.

Ruby Johnson, Chestnut Hill Road, said that the CIP contains $3.11 million for the Commerce Road technology park. Should the Town act as a developer or fully support the free enterprise system? Should the Town act in competition with the private sector? How will we get the $3.11 million back and how quickly? Economic development did not result in lower taxes in a study by the Vermont League of Citizens and by the town of Ridgefield. We should have gone with Becker and Becker if we wanted economic development at Fairfield Hills. The First Selectman has immense authority over Fairfield Hills. We should not spend any money for Bridgeport Hall as a Town Hall. One alternative is to renovate Bridgeport Hall, then have the developer lease it back to the Town but we own the building. She asked the Board of Finance to do a five year return of investment plan for Fairfield Hills and the technology park but they declined. She asks the Legislative Council Finance Committee to look at this. We appropriated the money so we can un-appropriate it.

MINUTES. The minutes of the regular meeting of November 15, 2006 will be amended to note under executive session to delete Mr. Brown as the second. Upon motion of Mr. Borst, the minutes of the regular meeting of November 15, 2006 were unanimously accepted as amended.
The minutes of the special meeting of December 13, 2006 will be amended under Presentation by Board of Finance, delete “and turfing the field” and insert “with turfing of the High School field.” Upon motion of Mr. Borst, the minutes of the special meeting of December 13, 2006 were unanimously accepted as amended.

COMMUNICATIONS. None noted.

COMMITTEE REPORTS.

Education.  Mrs. Llodra reported that the new modular building will be delivered to the high school on Friday. The lease with option to purchase amount will change as the amount was originally based on a used modular and this is a new one. Also the increase in the number of participants at the Danbury magnet school will be at the kindergarten level.

Ordinance. Mr. Pennarola reported that the Committee met tonight and will go to public hearing with three ordinances: a new ordinance permitting the Legislative Council to increase the number of members of the Board of Assessment Appeals during assessment years; a recalculation of the tax abatement for volunteers; and pet ordinance part two.

Finance.  No report.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that the Town had a very successful review with Moody’s who will consider increasing our rating from AA2 to AA1. They noted a positive outlook if we continue to act in a fiscally prudent manner. We do need language in the Charter to allow us to manage our surplus. Moody’s likes the 10% bond service cap and the capital reserve fund and its policies. One negative concern of Moody’s with many municipalities including Newtown is the unfunded liability of retiring medical benefits, which concerns mostly the teachers.

Mr. Brown asked the status of the long range planning for a population of 40,000 in Newtown. Mr. Rosenthal said that the Board of Selectmen will take this up and will discuss with the various safety officials.

UNFINISHED BUSINESS. None noted.

NEW BUSINESS.

Capital Improvement Plan (CIP).

Mr. Holian said that the Legislative Council may accept the plan in total, reject or reduce any item or reduce an item in priority. If the Legislative Council takes action, it must be within sixty days of receipt or by February 19, 2007.  Any new increase or reduction must be referred back to the Board of Finance. Mr. Holian said that the Board of Selectmen would like the approved CIP before their budget hearings next week. Mr. Rosenthal said that if the budget is not completed next week, it will be finalized by the Board of Selectmen on February 5 and that the budget must go to the Board of Finance by February 14.

Mr. Borst moved that the Board of Finance 2007-2008 through 2111-2112 Capital Improvement Plan be approved. Second by Mr. DiCandido. Mr. Borst asked about the possibility of moving the recreation center, community center, senior center and pool design to the Fairfield Hills bond issue as suggested by Mr. Davis. Mr. Rosenthal said he consulted with our bond counsel and town attorney and that their opinion was that these items were not authorized as part of this and that funds would have to be appropriated to go forward. He said that the Board of Selectmen would stop the spending of the $6 million not yet bonded for if so directed by the Legislative Council but it would be at some expense. The other $15 million already bonded cannot be redirected under state statutes.

Mr. Holian called a recess at 9:10 p.m. The meeting reconvened at 9:20 p.m.

Mr. Rosenthal said that the current CIP lists a senior center and recreation center. The Parks and Recreation Commission and the Commission on Aging are meeting to discuss the feasibility of a shared building which could cost less than two buildings.

Mr. Iassogna questioned whether the debt service for one year is for another year’s items.

Mr. Holian said that the CIP is an ever evolving document, a wish list that categorizes and prioritizes the wants and needs of the town. He noted that all items requested except for those with the lowest priorities are included.

Mr. Brown noted that we are not appropriating any funds for any of these projects. They have to go through the process and the public will have a say.

Mr. Borst suggested reducing the open space amount of $2 million in each of the last two years to $1 million each year. Mr. Kortze asked to what end and suggested that the Legislative Council revisit why they put this in there in the first place.

Mr. Brown moved the question. Mrs. Llodra wished clarification on the technology park. Mr. Brown withdrew his motion.

Mr. DiCandido said that this is a plan for what the Town wants for the next five years.

Mr. Rosenthal discussed the technology park. He said that the State gave us the land with the proviso that we develop a technology park. The Economic Development Commission decided to follow the Bethel model. EDC was appointed as the town’s economic development agency for the park by the Legislative Council. He said that 9-10 lots are planned. The lots would be sold and the money used to develop the infrastructure. Mr. Kortze said that Mrs. Johnson’s statement that the Board of Finance declined to do a five year return on investment plan for the park is incorrect and that the Board of Finance said they would do a return of investment plan for each project when its time comes.

Mr. Pennarola moved the question. Second by Mr. Brown and unanimously carried.

Motion carried. 9 YES (Timothy Holian, Daniel Amaral, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Patricia Llodra, Francis Pennarola). 2 NO (Joseph Borst, Keith Jacobs.)

PUBLIC PARTICIPATION.  Ruby Johnson, Chestnut Hill Road, said that the debate over the Town Hall has not abated and that Bridgeport Hall is not a popular choice. She said that something should be done with either Kendro or Edmond Town Hall, or Kendro should become the Middle School and the Middle School the Town Hall.

Po Murray, 38 Charter Ridge Drive, said that under the Board of Finance guidelines, the Legislative Council and the Board of Finance can review and make changes. She is very frustrated because she said not taking out Fairfield Hills is not the way to move forward. She said that no one she spoke with is in favor of a Town Hall. She said that the Middle School should become the Town Hall and a new Middle School should be built. She said there is no long term strategic planning group as had been discussed. She is not convinced that we cannot use the bond money for non-town uses. Think about how we are going to go forward with Fairfield Hills. How does economic development there offset our tax base? She said that the Board of Selectmen and Fairfield Hills Authority should not have the full authority.

David Galassi, 151 Huntingtown Road, said that First Selectman Rosenthal said that a vote in favor of the budget was a vote for the debt service and the Town Hall. If the budget is voted down again, we need to look at the Boards of Selectmen and Education and the CIP. He said it seems that town leadership has totally failed the people because the only thing on the table now at Fairfield Hills is a Town Hall.

Desiree Galassi, 151 Huntingtown Road, said that when told we can use this money to better our schools, we said to do this.

Bob Black, 9 Elana Lane, attended many meetings and did not hear one person say we need a new Town Hall. He said that Mr. Spragg said it would be difficult to re-appropriate this money but we should take a look at that. We should take care of the Middle School before a Town Hall.

Gary Davis, 23 Charter Ridge Road, said it is clear that not everyone can tune out Fairfield Hills. He said that the CIP is a good document that we can change but we cannot do this at Fairfield Hills. Take the same amount of detail that we take with other town projects. People need to know where we are going step by step.

Mr. Kortze noted that Moody’s reviewed our CIP and gave us a more positive review than last time. He said that Moody’s said that our inability to manage our fund balance is a credit weakness. We need to get a better handle on growth.

ANNOUNCEMENTS. Mr. Jacobs asked that the Town Hall issue be put on the Legislative Council agenda in response to the overwhelming opinion of the public.

ADJOURNMENT. Upon motion of Mr. Brown, the meeting adjourned at  10:35 p.m.



Ann M. Mazur, Clerk