Minutes of the regular meeting of the Legislative Council held on Wednesday, February 7, 2007 in the cafeteria of the Newtown Middle School, Queen Street., Newtown, CT. Vice-Chairman Holian called the meeting to order at 8:00 p.m.
PRESENT: Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Keith Jacobs, Michael Iassogna, Patricia Llodra, Francis Pennarola. ABSENT: William Rodgers. ALSO PRESENT: First Selectman H. Rosenthal, Financial Director Benjamin Spragg, approximately 400 members of public, two members of press.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of January 17, 2007 were unanimously accepted as presented.
Mr. Holian stated that the Legislative Council would not be taking a vote tonight concerning the Town Hall project.
PUBLIC PARTICIPATION.
Gary Davis, 23 Charter Ridge Drive, presented 81 questions from several organizations concerning Fairfield Hills. We should stop all the expenditures at Fairfield Hills until we have all the information on these projects. No where in the bond resolution from 2001 was a new town hall. He does not feel there is a majority interested in a new town hall. Is there a broader plan? Could some of the Fairfield Hills bond money be used for a recreation center? We may be able to accelerate some school projects – the Middle School is not scheduled for work until 2011. The Legislative Council should take a look at this.
Don Ramsey, 3 Prospect Drive, said we need money for the schools not a glamorous town hall. The Board of Education is working with all kinds of limitations.
Ruby Johnson, 16 Chestnut Hill Road, presented questions for the Legislative Council (attachment A to original minutes). She also said that $850,000 was provided for fields in the Fairfield Hills bond issue but one is being built for $523,000. Also a building designated as an administration building became the security building.
Po Murray, Charter Ridge Drive, said that many who attended the town meeting in 2001 came to vote for the Reed School rather than Fairfield Hills and had little knowledge about Fairfield Hills and there was not much discussion. The 2003 Master Plan was not approved. We do not want to go forward with a new town hall. The Middle School auditorium is an embarrassment. Stop the spending for Fairfield Hills. If you do not vote tonight, allow us to vote on a course correction.
Amy Dent, 10 Country Squire Road, is a member of the Fairfield Hills Authority. She said that the Fairfield Hills bond issue lists the town hall for the first project. She does not support an addition to the High School because the fields will be destroyed. It was originally planned that a building in Fairfield Hills would be used for a school for 400 students. She said there will not be a road built up to the bunkers.
Matt DeAngellis, 5 Cobblers Mill Road, asked the Legislative Council to postpone future construction at Fairfield Hills until questions are answered. He said we spent $1 million for a consultant to manage a $2.7million environmental project. He said that the management contract at Fairfield Hills has provisions that contradict the Charter. The vote on the Master Plan in 2003 failed. He said that Mr. Rosenthal said that the vote was binding and then that it was advisory. He said that advisory was not in the legal notices and this was binding. He said the other legislative body in town told the Board of Selectmen not to implement the Master Plan but they did anyway. This created a personal liability on those who spent it. You have a legal and moral obligation to stop everything and do this the right way. Our legal
representatives are at your disposal. If you don’t fix this you are part of it.
Dan Calandro, 4 Hearthstone Lane, said we should be looking at the value of our town and it is all about education. Give a group tax breaks to build a school at Fairfield Hills, perhaps a private one.
David Gallasi, 151 Huntingtown Road, said that the Board of Selectmen hired UConn to do a survey on the potential uses at Fairfield Hills. The people voted down the Master Plan as is. A new town hall is not part of the list of priorities. There was a referendum in August 2003 but there were no minutes from the Board of Selectmen on line from April 7 – July 7, 2003.
Mike Snyder, 8 Megans Circle, said stop throwing stones and get involved in the town.
Dan Holmes, 6 Farmery Lane, is in support of stopping funding at Fairfield Hills. There should be a more intelligent approach.
Scott Bowman, 10 Sweetbriar Lane, said we should look at the strategic value of what we want to do here.
Barbara Baron, 2 Orange Pippin Road, said we should have something at Fairfield Hills that serves all of us and not some of us.
Desiree Gallasi, 151 Huntingtown Road, said you should answer the 80 questions or you will do a huge disturbance to the town.
Mary Ann Jacob, 65 Mohawk Trail, said we need a plan. Figure out what we can afford. Do not drive out people on fixed incomes and think about the children.
Dick Zang, 2 Camelot Crest, is chairman of the Water and Sewer Authority (WSA), said there is no cost to the town for water and sewer service at Fairfield Hills except to the users. It is the WSA’s responsibility to improve the Fairfield Hills property without any cost to the town. If someone moves into a building there is only a user fee but if improvements are made there will be an assessment to be paid.
Bob Murray, 19 Farm Meadow, said that the trust with the town in the elected officials is wavering. Too much of what goes on in government is behind closed doors and is being orchestrated by the First Selectman’s office. Is there the ability under the bond resolution to reallocate money? He thinks the Board of Selectmen and a percentage of the Legislative Council can reallocate. Amend the resolution and get approval from the lender. He suggested that the Legislative Council publish the bond counsel’s opinion in The Bee. He said that the First Selectman said that if we do this someone can go to jail. We are not asking that someone go to jail, but asking for alternatives and options.
David Smith, 41 New Lebbon Road, said we elected you and we will not micromanage. Listen to the voice from the community.
Chris Spiro, 12 Grant Place, said that the Middle School auditorium is a disgrace. If the schools and the town hall are overcrowded, something should be done about the schools first.
Amy Schmidt, 61 Castle Hill Road, said that Newtown has no vision in leadership. We cannot attend every meeting and we rely on you. Do you think planning a new town hall if better for the future of Newtown? Children are the future of Newtown.
Alice Nash, 75 Marlin Road, was asked to pay for a seat in the Middle School. The High School portables had mold. The town cannot provide leadership for our children.
Robin Fitzgerald, Old Farm Hill Road, agrees with every point made tonight. You are public servants and we are the public. This crowd is not a minority. It is your responsibility to execute the will of the public.
Paul Mangiafico, Kent Road, said that at the Board of Education meetings he never heard one comment about the Board of Ed being dissatisfied with the offices at Pecks Lane. We may want a town hall but we certainly don’t need one. If you want these expenditures at Fairfield Hills stopped find a way to do it. The bigger problem is our elected officials do a very poor job of what needs to be done with this property and explaining it to the population. Halt the expenditures at Fairfield Hills especially the town hall.
Kim Shine, 4 Edgewood Drive, said she stopped attending meetings because no one was listening to her. Go to the Middle or High School and see if you have time to purchase lunch, eat it and find seating or sit on someone’s lap. At Hawley School, sit in a class where there is much perspiration but no hot water in the class to wash hands and they eat at their desks. Schools and children take priority over a town hall.
Paul Lundquist, 128 Currituck Road, would offer the services of his marketing firm pro bono to conduct a survey.
Mr. Holian announced a ten minute break at 9:50 p.m. The meeting reconvened at 10:07 p.m.
COMMUNICATIONS. None noted.
COMMITTEE REPORTS.
Ordinance. A public hearing was held at 7:00 tonight to discuss three ordinances: Ordinance authorizing the Legislative Council to increase the size of the Board of Assessment Appeals for any assessment year, Ordinance 79 – Assessment Exemption for Volunteer Fire and Ambulance Personnel and Newtown Pet Control Ordinance. In the interest of time, Mr. Pennarola suggested that discussion and possible action on these ordinance be deferred until the next meeting.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal stated that every time he asked Dr. Pitkoff and Mrs. McClure if the Board of Education wanted to be part of the new building they said yes. When he suggested a separate building for the Board of Education, Dr. Pitkoff said no. Mr. Rosenthal said that over the next twenty years, the net impact on the budget will total about $8 million. That amounts to ¼ of 1% of all projected spending for that period. The net impact is the total debt payments less the savings from not leasing space at Kendro or elsewhere. Mr. Rosenthal said that the Board of Finance and Council approved all Board of Education projects and a recreation center/senior center in the Capital Improvement Plan. Building town offices will not prevent these projects from going forward.
Moody’s Investor Services has reviewed all of our proposed spending and believes we are in sound financial shape. He still supports going forward. Mr. Rosenthal said that the Board of Finance approved every Board of Education request in the Capital Improvement Plan and that building town offices will not prevent this spending. Moody’s believes we are in sound shape. He still supports going forward.
UNFINISHED BUSINESS.
Discussion re: Municipal and Board of Education office space needs at Fairfield Hills.
Mr. Rosenthal introduced Dick Harrall of Harrall, Michalowski and Associates (HMA), the firm that developed the Fairfield Hills master plan and had previously provided the cost estimates for the 2001 Bonding Resolution. Mr. Harrall said that the process for Fairfield Hills was the most inclusive process he was involved in in 30 years. The issue of town offices predates the Fairfield Hills issue and was discussed for over 25 years. He said that the three pre-selected developers for Fairfield Hills had heavy emphasis on residential. Over 50 meetings were held. Forty-five groups were invited to participate. The plan as evolving is consistent with the plan. The town offices would also provide community activities with its location in the heart of the campus. The first playing field is located in the most expensive part of the
campus. Many fields can be located with less expense on other areas of the campus. There will be more open space on the campus than there is now.
Bob Geckle, 35 Queen Street, is the chairman of the Fairfield Hills Authority. He said that during the Fairfield Hills process, the authority held 26 public meetings, 3 community workshops, an open house tour, meetings with the Legislative Council and Board of Selectmen and 45 community groups. The Fairfield Hills Authority is charged with managing the property not designated as being used by the town of Newtown. They are not changing the Master Plan or making policy. Most of your comments tonight should be directed to the Board of Education.
Mr. Rosenthal discussed “Fund Allocation from FHH Bond Proceeds.” (Attachment B to original minutes). He said that much of the $800,000 for Bartley was for testing not for monitoring Fleet Environmental. We are going with a design build contract with O&G. Bond counsel Robinson & Cole’s opinion is that the resolution cannot be used for the construction of a senior or recreation center (Attachment C to original minutes). It is the opinion of Webster Bank that there may be tax arbitrage issues if the town does not spend the bond proceeds in an appropriate time period (Attachment D to original minutes). According to the zoning regulations concerning the Fairfield Hills Adaptive Reuse Zone (Attachment E to original minutes), a modification of the Master Plan is needed to use Bridgeport Hall for the
town hall and the Board of Selectmen will seek this modification from Planning & Zoning.
Mr. Rosenthal said that a large pond with a fountain and possibly ice skating will be created at the site of Shelton House to control flows of water.
Mr. Holian opened the meeting to discuss among the Legislative Council. Ms. Llodra asked if Planning and Zoning must have or may have a public hearing on the change to the Master Plan. Mr. Rosenthal said that Mr. O’Neil indicated that P&Z will have a hearing. Ms. Llodra asked Mr. Rosenthal what is the scope of authority of the Legislative Council regarding the Master Plan, which he will research.
Mr. Borst asked if the money from the bond resolution could be spent on other construction at Fairfield Hills. Mr. Rosenthal said it is the opinion of Robinson & Cole than it cannot.
Ms. Doyle asked what is the time period for spending the money. Mr. Spragg said two years, 10% within six months and certain percentages at twelve and eighteen months.
Mr. Jacobs asked if the process can be undone. Mr. Rosenthal does not feel that the Legislative Council acting alone can change the approval that went through a process. Only the Board of Selectmen can authorize incurring debt..
Mr. DiCandido said that we do have strategic plans that are comprehensive in the Fairfield Hills Master Plan and the Capital Improvement Plan. We should start the town hall now.
Ms. Llodra asked if this Legislative Council has the scope or authority to undo where we are now. Mr. Rosenthal said it is his opinion from conversations with the bond counsel and town attorney that we cannot.
Mr. Holian said that according to the Charter the Legislative Council has a limited scope of authority; we can push money around, enact ordinances, appoint the auditor and purchase property. He is concerned about how we are perceived by the lenders. We have the authority to fund one project over another.
Mr. Pennarola cannot find in the charter where we can undo a process. He feels a new town hall is needed. We should start anew for a recreation and senior center.
Mr. Capeci did research into changing the course and feels that doing so at this later time would have serious ramifications to the fiscal integrity of the town.
Mr. Brown said that we should continue to ask for a long range strategic plan. He has spent the last three years asking for the long range plans on public safety issues.
Ms. Llodra said an initiative should begin to look at the bigger issues after the town is build out and that a Planimetrics representative will be meeting with a small group of people. She said that there was a delay between 2001 and now. What we knew then is different from now. If the plan had been executed in two years we would not have had this conflict. There are legal, ethical and financial matters.
Mr. Jacobs said that priorities do change. Are we locked into those decisions? I believe that until every stone is turned we must consider if this is the best plan. We should not ignore those who came out tonight. In The Bee people did not support this issue. We have an obligation to the voters who spoke in favor of putting it all on a time line. Let the voters decide if they are willing to go through with these penalties.
Mr. Iassogna said that people are looking for a plan. We have a plan over five years that covers everything. He would say that schools are more important than a town hall but he has heard that a town hall would be an anchor for economic development at Fairfield Hills. The town hall should be in that section of Fairfield Hills for it to be successful.
Ms. Doyle feels that it does not mean disrespect to the those not in favor of a town hall if we do not act. We are in a very difficult position. Opinion letters say that we would be put a financial risk. We need a long range strategic plan.
Mr. Borst said that someone said we are in violation of state statutes. Mr. Rosenthal said that our attorney feels everything we did was proper. Mr. Borst said that the Master Plan said that Bridgeport Hall should be community property and Canaan House should be set aside for office space. Mr. Rosenthal said Canaan House is for private office space and will be demolished or downsized.
Mr. Jacobs said this is a plan that could change. It is a disrespect to those who came out.
Mr. Rosenthal said he would choose a recreation center or schools over a town hall if it was a choice of one or the other, however, we can do all three so we don’t have to make that choice..
Ms. Llodra said it is unwise to get so far ahead of people. You may have lost the fight.
Mr. Amaral said we are on our way. We cannot appropriate the money for the town hall to the schools.
Mr. Capeci said at this late stage he doesn’t think we have the option to change and thinks this is a communication issue.
Mr. Jacobs said that many of the voters’ questions have not been answered. Mr. Jacobs moved that the Legislative Council move that the First Selectman and the Board of Selectmen stop all plans at Fairfield Hills until further inventory and the public at this time approve it. Second by Mr. Borst.
Mr. Holian ruled that the motion is out of order because the item is on the agenda for discussion only and pursuant to the charter the Legislative Council is not given the authority to do anything.
NEW BUSINESS. None noted.
PUBLIC PARTICIPATION. David Smith, 41 New Lebbon Road, said there are two different things in the bond resolution, renovation of buildings and renovation of town offices. It is not about town hall vs. schools. Renovations for a recreation hall should be on the list and a new town hall should not. To fulfill the obligations of the bond issue there is something we can do to bring more people in town behind a call to make Fairfield Hills an economic boon to the town. Mr. Rosenthal said that is part of our objective for a senior center at Fairfield Hills in addition to what we are doing originally.
Ruby Johnson, 16 Chestnut Hill Road, said that the voters denied this Master Plan and the Board of Selectmen and the Legislative Council said we don’t care and shoved it down our throats.
Alan Clavette, 3 Fox Hollow Lane, said the Legislative Council is doing the right thing.
Michelle Hankin, 48 Mt. Pleasant Road, said make sure that everything has been uncovered. We should get an outside legal opinion. You are damaging irreparably the psyche of the town.
Martha Decker, 46 Cobblers Mill Road, said she can’t imagine that you can’t make a minor move from the town hall to a recreation center with an amendment.
Po Murray, 38 Charter Ridge Drive, said that in December 2005 she urged the Legislative Council to evaluate the town hall and they did not fully investigate this. Build a new school at Fairfield Hills rather than paying $40 million for a repair job.
Desiree Gallasi, 151 Huntingtown Road, said to move forward based on what we know now.
Merit Saunders, 2 Pumpkin Lane, said that turn out validates what others have been working on for some time. If just three selectmen hold the power in this town it is wrong. We do not know what our options are. There should be more transparency in the process.
Gary Davis, 23 Charter Ridge Road, said he would have liked to hear Phase 1,2,3,4,5. You said if you can’t figure it out, too bad.
Tracy Tenney, 48 Charter Ridge Drive, asked how did we get from we need town offices to we are building a town hall. Doesn’t Moody’s look at what we are doing? Cut your losses.
Frank McClusky, 10 New Lebbon Road, said the Legislative Council has to get their own opinion. How would a town hall promote economic development or be the draw?
Al Rozinsky, 169 Hanover Road, asked what if we don’t spend the money in two years. Mr. Spragg said we would have to pay interest and penalties with arbitrage. Mr. Rozinsky said it may be worth paying those penalties.
ANNOUNCEMENTS. None noted.
EXECUTIVE SESSION None noted.
ADJOURNMENT. Upon motion of Mr. Borst, the meeting adjourned at 12:30 a.m.
Ann M. Mazur, Clerk
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