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03/07/07
Minutes of the regular meeting of the Legislative Council held on Wednesday, March 7, 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, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Keith Jacobs, Patricia Llodra, Francis Pennarola. ABSENT: William Rodgers. ALSO PRESENT:  First Selectman H. Rosenthal, Financial Director B. Spragg, seven members of public, one member of press.

MINUTES. The minutes of the regular meeting of February 7, 2007 will be amended to add “In answer to a question from Mr. Jacobs about whether the Council can stop the town and school office project at Fairfield Hills, Mr. Rosenthal responded that the authorization was approved by a process that included the Board of Selectmen and ultimately a Town Meeting so that the Council alone can not stop it. He also said that the Selectmen were not willing to stop the project because they believe that it is in the town’s best interests to move forward and that if he runs for reelection, those that disagree can hold him accountable by not voting for him.” Also add on Page 5, Paragraph 3, “Mr. Borst asked, if the Board of Selectmen can modify the Fairfield Hills Master Plan to change the Town Hall location from Shelton House to Bridgeport Hall, why can’t the Fairfield Hills Master Plan be modified to include the three items in the CIP to be constructed at Fairfield Hills; i.e., the Senior Center, Park & Rec Center and the pool. They could they be funded out of the original bond issue. Mr. Rosenthal said it is the opinion of Robinson & Cole that it cannot be done.” Upon motion of Mr. Borst, the minutes of the regular meeting of February 7, 2007 were unanimously accepted as amended.

PUBLIC PARTICIPATION. Paul Lundquist, 128 Currituck Road, offered at the February 7 Legislative Council meeting to conduct research on a pro bono basis  to include a broad range of issues facing our town. He distributed information from the Harrison Group (Att A to original minutes). Mr. Holian said that this item would be placed on a future Legislative Council agenda.

COMMUNICATIONS. Mrs. Doyle reported on the status of the planning initiative. She, Mrs. Llodra, and John Kortze and Harry Waterbury from the Board of Finance met and prepared “Statement: ‘How does Newtown plan for, finance and build out consistent with the Plan of Conservation and Development” (Att B to original minutes). Mrs. Llodra said that we need a more refined idea of what the build out will look like. She said that this initiative will involve many others as we go along.

Mr. Holian said that Tax Collector Carol Mahoney asked that the cap for the Newtown Senior Tax Benefit be increased from $750,000 to $950,000. This was referred to the Ordinance Committee tonight along with the Fairfield Hills Authority Ordinance.

COMMITTEE REPORTS.

Education. Mrs. Llodra reported that the Board of Education proposed budget represents a 6.29% increase. Bids for the Middle School theater seats will be opened on March 16. There are now 30 students in the magnet school. The high school was advised that it is still on warning for the three standards but that the Committee appreciated their efforts to address this. October 1 is the next report time. Superintendent Pitkoff met with O&G concerning school use for municipal offices at Fairfield Hills.

Mrs. Llodra said that Newtown’s wealth ranking will change. This year it is 37th in the State and receives reimbursement at 32.86%. Next year our ranking will be 33rd and our reimbursement will drop to 31.43%, which is a difference of $500,000. She said that the governor’s proposed budget changes the present reimbursement spread from the current 20 to 80, with the wealthiest towns receiving 20 and the less wealthy towns up to 80. Newtown currently is at 32.86%. The change will be 15%  or to 65%. We would receive 31.43%. The bottom would be 15 rather than 20. This is a cost containment issue. The governor’s budget has a cap on school construction projects but the cap is not known.

Finance. Mr. Holian asked Mr. DiCandido if the Committee will meet prior to the Council’s public hearing on the budget on March 28, but Mr. DiCandido is not planning to hold a meeting before then.

FIRST SELECTMAN’S REPORT. Mr. Rosenthal distributed a press release “First Selectman Announces Fairfield Hills Recreational Use Working Group” (Att C to the original minutes). Peter D’Amico has offered to build a facility that would provide indoor recreational activities preferably at Fairfield Hills. Mr. D’Amico established a not for profit entity called Newtown Youth Academy. This could be a joint public-private effort. A preliminary meeting on the project was attended by representatives of the Fairfield Hills Authority, Parks and Recreation, the town attorney, O&G and Municipal Resource Acquisitions.  Mr. Rosenthal reported that an addition to the Senior Center was approved and covered by LOCIP funds of $300,000. Mr. Rosenthal answered many of the 81 questions presented to the Legislative Council and the Board of Selectmen will answer all or as many as they can. He noted that the reimbursement changes proposed by the governor are receiving a strong municipal reaction. He also noted that small digital tape recorders were ordered for meeting clerks.

UNFINISHED BUSINESS. None noted.

NEW BUSINESS.

TNT Partners LLC Business Incentive Application. Mr. Rosenthal noted that the Boards of Selectmen and Finance unanimously approved this application and that the Economic Development Commission (EDC) also gave a recommendation. Chet Hopper, EDC Chairman, said that this is exactly the type of business we want in Newtown and that it qualifies for the maximum tax relief for three years. He recommends that the Legislative Council consider giving the maximum allowable. Mr. Rosenthal noted that we are not giving back taxes; they already pay taxes on the land. In three years we would collect $148,000 instead of $257,000. Mike Bodetti, Telecommunications Expense Management, said that his company works for companies and takes billing information for the company ensuring that everything is accurate and allocates costs to the proper department in the company. His business now has 5,000 square feet at 15 Berkshire Road and will build a 25,000 square foot building in Curtis Office Park. Mr. Borst moved to approve the business incentive proposal of TNT Partners for their new building with a reduction of 45% of the increase in assessment for three years. Second by Mr. Brown and unanimously carried.

Ordinance authorizing the Legislative Council to increase the size of the Board of Assessment Appeals for any assessment year. Mr. Pennarola moved to adopt Ordinance authorizing the Legislative Council to increase the size of the Board of Assessment Appeals for any assessment year. Second by Mr. Borst and unanimously carried.

Ordinance 79 – Assessment Exemption for Volunteer Fire and Ambulance Personnel. Mr. Pennarola moved to adopt amended Ordinance 79 – Assessment Exemption for Volunteer Fire and Ambulance Personnel. Second by Mrs. Doyle and unanimously carried.

Newtown Pet Control Ordinance.  Mr. Pennarola said that the draft was changed to clarify that this ordinance will not override or appeal the Parks and Rec ordinance which does not allow pets in Town parks. This ordinance precludes pets in town buildings even on leashes unless they are there for a class or a show. Mr. Pennarola moved to adopt Newtown Pet Control Ordinance. Second by Mrs. Llodra. Mr. Rosenthal feels that it would be a mistake to ban pets on leashes. He proposed to do this when he was first in office but there was much opposition so he did not proceed. Mr. Pennarola said there were two public hearings and only one person spoke. Mr. Pennarola does feel that the Edmond Town Hall Board of Managers could authorize pets on leashes. He said this ordinance was requested by the Fairfield Hills Authority and was expanded upon.

Motion passed unanimously by roll call vote. YES (Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Keith Jacobs, Patricia Llodra, Francis Pennarola.)

Transfer.  Mr. Borst moved to transfer from Account 01570-2000 Contingency $32,433.00 to Various Salary Accounts $32,433.00. Second by Mr. Jacobs. Mr. Rosenthal explained that this transfer is necessary as the Town Hall Employees’ Union contract was ratified. Motion unanimously carried.

PUBLIC PARTICIPATION. Matt DeAngellis, 5 Cobblers Mill Road, was delighted to hear that the Town will take up Mr. D’Amico’s offer. He said that the Fairfield Hills Ordinance does not take into account public and private. He presented a petition signed by 165 electors requesting that the Legislative Council act upon a Resolution Moving the Adoption or Implementation of an Ordinance Public Act 05-33 of the January 2005 Session of the Connecticut General Assembly and Amend the July 6, 2005 Ordinance Entitled Establishing a Fairfield Hills Authority of the Town of Newtown.

Gary Davis, 23 Charter Ridge Road, asked that the Council consider the petition. This gives you an opportunity to have some oversight over this. Pleased to hear about a long range plan. He is glad the Board of Selectmen is answering the questions. He is pleased to hear that we are getting digital tape recorders.

ANNOUNCEMENTS.  Mr. Holian announced that there will be no meeting on March 21 and that the public hearing on the budget will be on March 28.

Mr. Rosenthal said that Iroquois Gas is asking to expand its pipe line parallel to the present line on Gelding Hill and Bennetts Bridge Roads to form a loop. Iroquois may have to move its right of way or buffer. They asked the Town for permission to survey town property and may ask residents for permission to survey their properties.
ADJOURNMENT. Upon motion of Mr. Brown, the meeting adjourned at  9:25 p.m.



Ann M. Mazur, Clerk