Minutes of the regular meeting of the Legislative Council held on Wednesday, June 6, 2007 in the Meeting Room in the C. H. Booth Library, 25 Main Street, Newtown, CT. Chairman Rodgers called the meeting to order at 7:30 p.m.
PRESENT: William Rodgers, Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Keith Jacobs, Patricia Llodra, Francis Pennarola. ALSO PRESENT: First Selectman Herbert Rosenthal, Schools Superintendent Dr. Evan Pitkoff, Schools Business Director Ronald Bienkowski, Chairman of Board of Education Elaine McClure and member Paul Mangiafico, Registrar of Voters LeReine Frampton, Architectural Glass Contractors owner David Tofinchio, one member of public.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of April 18, 2007 were unanimously accepted as presented. Upon motion of Mr. Borst, the minutes of the special meeting of April 25, 2007 were unanimously accepted as presented. The minutes of the special meeting of May 9, 2007 will be amended to change the time that the meeting reconvened. Upon motion of Mr. Borst, the minutes of May 9, 2007 were unanimously accepted as amended. The minutes of the special meeting of May 23, 2007 will be amended to note that Financial Director Ben Spragg was present; debt service for Town Hall should be $436,000; Special needs students had group sessions; page 2, delete “Edmond Town Hall cannot be used;” also, 2003 referendum was non-binding; delete reference to statute referral on referenda. Upon
motion of Mr. Borst, the minutes of the special meeting of May 23, 2007 were unanimously accepted as amended.
PUBLIC PARTICIPATION. Gary Davis, Charter Ridge Drive, asked that the Legislative Council take action to move the High School project forward. He asked when the petition to amend the Fairfield Hills ordinance might be returned from the town attorney to which Mr. Rodgers replied soon.
LeReine Frampton, Registrar of voters, will submit a written request to the Legislative Council that the Ordinance Committee create an ordinance concerning signs at the polling places.
Paul Lundquist, 128 Currituck Road, said he would like to present a general idea for a general survey to the Council. He hopes to be ready to start field work by June 18. Mr. Rodgers said as he was not at the February 7 Legislative Council meeting he did not hear Mr. Lundquist’s presentation. He will contact Mr. Lundquist. Mr. Lundquist offered an email dialog with the Council members.
COMMUNICATIONS. None noted.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal attended a press conference in Hartford on Monday primarily as the President of Connecticut Conference of Municipalities because of three concerns: 1) the continued unfunded mandate for cancer and hypertension; 2) a proposed bill to make it mandatory for municipalities to join a group health plan and 3) the governor’s proposed 3% property tax cap.
UNFINISHED BUSINESS.
Discussion and possible action on Business Incentive Program Application of Architectural Glass Industries, LLC. Mr. Rosenthal noted that the Economic Development Commission and the Board of Selectmen supported this application and recommended a 25% reduction in the increase in the assessment for three years and a 1.2% multiplier for personal property. Mr. Tofinchio said that his business should bring in 2-3 more jobs in the future. He now has ten employees and the building could hold twenty. He said that he has been unable to fill some orders because of lack of space where he is now. Among the company’s products are glass shower doors and safety glass; he said there are only two other businesses in the state that do this work. Mr. Brown moved to approve the business incentive program application of
Architectural Glass Contractors, LLC/Atlantic Investment Group LLC with a 25% reduction in the increase in the assessment for three years and a 1.2% multiplier for personal property. Second by Mr. DiCandido and unanimously carried.
NEW BUSINESS.
Discussion and possible action on 3 requests from the BOE concerning the h.s. addition, to wit: "(1) appoint the Public Building and Site Commission as the building committee for the subject project; (2) authorize the preparation of schematic drawings and specifications; and (3) authorize the filing of the grant application ED049 with the State Department of Education". Mr. Borst moved to appoint the Public Building and Site Commission as the building committee for the subject project, authorize the preparation of schematic drawings and specifications; and authorize the filing of the grant application ED049 with the State Department of Education. Second by Mrs. Llodra. Mr. Bienkowski said that the State School Facilities Unit (SFU) requires this information by June 30, and additionally
requires approval of the specs by the Board of Education (already approved) and approval of funding in the future. Our reimbursement rate for next year will be 31.43%. Construction should begin July, 2008 with completion by September, 2010.
Mr. DiCandido asked the Board of Education provide him with an answer to his request that the Board of Education look into a twelve month school year. Dr. Pitkoff said that Mr. DiCandido had received an oral response. Mr. Rodgers would like to see communication between the Board of Education and Mr. DiCandido on this matter. Paul Mangiafico, Board of Education member, said that Mr. DiCandido’s request deserves an answer but does not understand the context, i.e. the connection between his request and the above items concerning the High School. He said we must move forward with this project.
Special town meeting concerning the High School project.
Mr. Holian moved to authorize and direct the board of Selectmen to call a special Town
Meeting to consider and act upon the resolution entitled "Resolution Providing For A Special Appropriation In The Amount Of $2,750,000 For Architectural And Engineering Services For The Design Of Additions And Renovations At Newtown High School And Authorizing The Issuance Of $2,750,000 Bonds Of The Town To Meet Said Special Appropriation And Pending
The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose", said special appropriation was requested in a letter dated April 11, 2007 from Evan Pitkoff, Ed.D./, Superintendent of Schools in accordance with Chapter 6, Section 6-30 (a) & (b) of the Town Charter, a copy of which is attached hereto. Second by Mr. Borst. Mr. Rosenthal noted that the Board of Finance had passed the resolution. Mr. Bienkowski said that this is part of the process required by SFU. It will take several months to do the design and then go to SFU for their endorsement of the project. The bids should be received in April or May. Mr. Rodgers said he would prefer that this project not be presented for approval during the budget season.
Mr. Rosenthal said that the town attorney told him that the State Statute says that the town builds schools and that the First Selectman with the approval of the Board of Selectmen should sign the architect’s contract, which he did. Mr. Bienkowski and Dr. Pitkoff said that the architect will design to $41 million.
Motion unanimously carried by roll call vote. YES (William Rodgers, Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Keith Jacobs, Patricia Llodra, Francis Pennarola.)
Discussion and possible action on proposal of David Brown for Irrevocable Trust benefiting Newtown. Mr. Brown moved that the Legislative Council request the Financial Director (of the Town of Newtown) to take whatever steps are necessary (to include first investigating with counsel and appropriate bodies and reporting back to the Legislative Council) to establish an irrevocable trust fund for the benefit for the Town of Newtown. Said trust fund to be allowed to receive and invest funds that may, from time-to-time, be presented for inclusion in such trust fund, according to the rules, regulations and laws pertaining to such funds. That 80% of the annual income generated by the trust be returned to the general fund of the Town of Newtown with the remaining 20% being retained by the trust for investment. Second
by Mr. Borst.
Mr. Brown said that this would give the town a tool to use. This is a step to looking to the long range future. He proposed creating the trust with 1/10 of 1% of the budget now being proposed. He said that the income should far exceed contributions within forty years or so and should be self-funding after about twenty years. He said that perhaps a line item could be included in the budget for the trust fund. Questions from the Council included whether this could be handled as a corporation, whether this should be referred to the town attorney and/or Board of Finance and would the line item survive in the budget. Mr. Rosenthal said the line item probably would not survive in the budget process and that the Capital Reserve Fund is for that purpose. Mr. Brown noted that the Capital Reserve Fund can be drawn on at any time
but that such a trust could not be drawn on.
Motion unanimously carried.
Transfer.
Mr. Holian moved to transfer from Account 01570-2000 Contingency $18,000 to Account 01180-1005 Referenda $18,000 (to cover cost of second and third budget referenda). Second by Mr. Capeci and unanimously carried.
Set the salary of the First Selectman. Mr. Borst moved that the First Selectman’s salary remain at the 2006-2007 rate of $94,042 with no increase. There was no second to the motion.
Mr. Iassogna moved that the First Selectman’s salary be increased by 2.9% to $96,769 for the period December 2007 through June 2008. Second by Mr. DiCandido.
Mr. Amaral moved to amend the motion to an increase in the First Selectman’s salary of 3.5% or to $97,333 for the period December 2007 through June 2008. Second by Mr. Holian. Motion failed 3-9 by roll call vote YES(Amaral, Jacobs, Pennarola). NO (Borst, Brown, Capeci, DiCandido, Doyle, Holian, Iassogna, Llodra and Rodgers).
Main motion passed 11-1 by roll call vote YES(Amaral, Borst, Brown, Capeci, DiCandido, Doyle, Holian, Iassogna, Llodra, Pennarola, Rodgers). NO (Jacobs).
Mr. Brown moved that the First Selectman’s salary be increased by 2.9% to $99,500 for the period December 2008 through December 2009. Second by Mrs. Llodra. Motion passed 10-2 by roll call vote. YES (Amaral, Borst, Brown, Capeci, DiCandido, Doyle, Holian, Iassogna, Llodra, Pennarola). NO (Jacobs, Rodgers).
Set the salary for the Town Clerk. Mr. Holian moved to increase the salary of the Town Clerk by 2.9% for the period December 1, 2007 through December 1, 2008. There was no second to the motion.
Mr. DiCandido moved that there be no increase in the Town Clerk’s salary for the period December 1, 2007 through December 1, 2008. Second by Mrs. Doyle. Motion carried 11-1 by roll call vote YES (William Rodgers, Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Joseph DiCandido, Stacie Doyle, Michael Iassogna, Patricia Llodra, Francis Pennarola.) NO (Keith Jacobs).
Set the mill rate. Mr. Holian moved to set the mill rate at 28.1 mills. Second by Mr. Borst and unanimously carried.
PUBLIC PARTICIPATION. Paul Mangiafico, 15 Kent Road, commends the Legislative Council for their actions in setting the salaries of the First Selectman and the Town Clerk. He said that some of the Board of Education members do look at what the Town does with salaries. He also commends the Council for approving the business incentive application of Glass Contractors. We should negotiate fixed costs. I hope you stand up and do something about this. I will forward Mr. DiCandido’s information to the Board of Education.
Mr. Rosenthal said that teachers and others have told him that if the High School went back to the schedule they used to have this would alleviate some issues such as overcrowding. He asked that the Board of Education review this.
ANNOUNCEMENTS. Mr. Rodgers said that the June 20 social function will be rescheduled but there will probably be a Legislative Council meeting that night.
EXECUTIVE SESSION TO DISCUSS LEGAL MATTERS. Mr. Borst moved to enter executive session at 10:15 p.m. to discuss legal matters. Second by Mr. Brown and unanimously carried. Executive session was exited at 10:24 p.m.
Mr. Holian moved that the Town of Newtown take whatever action is necessary to defend the Town of Newtown Planning and Zoning Commission in the matter of Dauti Construction LLC. Second by Mr. Borst and unanimously carried.
Mr. Holian moved that the Town of Newtown Zoning Enforcement Officer be authorized to commence litigation to enforce the Cease and Desist Order against David Rizzardi. Second by Mr. Capeci and unanimously carried.
ADJOURNMENT. The meeting adjourned at 10:32 p.m.
Ann M. Mazur, Clerk
| 
