Minutes of the regular meeting of the Legislative Council held on Wednesday, June 20, 2007 in the Board Room of 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 , Stacie Doyle, Keith Jacobs, Patricia Lllodra. ABSENT: Joseph DiCandido, Michael Iassogna, Francis Pennarola. ALSO PRESENT: First Selectman Herbert Rosenthal, Financial Director Benjamin Spragg, Schools Director of Business Ronald Bienkowski, one member of public, one member of press.
PUBLIC PARTICIPATION. None noted.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of June 6, 2007 were unanimously accepted as presented.
COMMUNICATIONS. A letter was received from the Board of Education concerning savings on medical insurance which will be discussed at the next Legislative Council meeting (Attachment A).
A letter was received from the Board of Education approving the Board’s proposed space in the new Town Hall and asking that three items be placed on the next Legislative Council agenda: (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. (See New Business) (Attachment B).
An opinion letter was received from Cohen & Wolf concerning the petition to amend the Fairfield Hills ordinance. It is the Town Attorney’s opinion that the Legislative Council should take no action on the petition. (Attachment C).
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal reported that a State budget may be introduced tomorrow. It is not known what revenues will we will be getting until the budget is presented. Mr. Jacobs asked if the Police Department plans to establish a traffic unit. Mr. Rosenthal believes that such a unit will be established. Mr. Borst asked if the Police have a motorcycle patrolman. Mr. Rosenthal said that the Department received a motorcycle with a one year lease as an award for one of its programs. An officer has been trained.
NEW BUSINESS.
Discussion and possible action on 3 requests from the BOE concerning the Town Hall Project, 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". Mrs. Llodra moved that the Legislative Council (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. Second by Mr. Borst. Mr. Rosenthal explained that the same action was taken for the High School project. This
will allow the State School Facilities Unit (SFU) to review the project and will allow the Board of Education to file for a grant for reimbursement for the Board of Education proportional share of the building and proportional share of the remediation. Motion unanimously carried.
UNFINISHED BUSINESS.
Discussion and possible action concerning Paul Lundquist’s offer to conduct a survey of the Town of Newtown. Mr. Lundquist explained that there will be an article in The Bee with a link to the online survey as well as a flyer in The Bee. Paper copies will be available at the Senior Center and the Library. Handouts will be available at Stop & Stop and Big Y. He said the answers will be balanced demographically. Mr. Rodgers is concerned that we will be getting a biased pool. Mr. Lundquist said that we need to cast a very wide net proactively. Mr. Holian asked what will draw people to the survey. Mr. Lundquist said we will appeal to their desire to be heard. Mr. Jacobs asked how to prevent multiple votes. Mr. Lundquist said that people probably would not go through such an extensive survey more than once,
partial surveys can be discounted and the computer submitting online surveys can be identified. Mrs. Llodra is concerned about reliability and validity. She feels the questions should not be open to interpretation. Mr. Lundquist said he will be using methodologies that are proven. Mr. Rosenthal said that if people are offered reasons why they voted yes or no, this could put ideas in their minds. Mr. Lundquist said the questions include an “other” category. He said that the survey will be according to APPOR standards. Mrs. Llodra said it is important to understand why the information is being solicited and some of the questions might not enable town officials to be informed enough to carry out long range planning. Mr. Rodgers said that the public has asked for better communications with town officials and is concerned that this survey might engender false expectations. He questioned some of the language. Mr. Lundquist welcomes the Legislative Council’s review of
the language and he also plans to ask the Board of Education to review it. Mr. Rodgers commended Mr. Lundquist for his offer and asked that the survey be sent to the Legislative Council and other town officials for their input. The item will be on the Legislative Council agenda throughout the summer.
Discussion and possible action on year end transfers as requested by the Financial Director or the First Selectman. Mr. Holian moved to transfer $15,000.00 from Account 01570-2000 Contingency to Account 01105-2013 Non-Recurring. Second by Mrs. Llodra. Mr. Rosenthal explained that this is to cover the build out report to the Legislative Council and the Board of Finance. Motion unanimously carried.
Mr. Holian moved to transfer $25,000.00 from Account 01570-2000 Contingency to Account 01105-2013 Non-Recurring. Second by Mrs. Llodra. Mr. Rosenthal explained that this is for engineering fees for a Hook & Ladder Fire House. Motion unanimously carried.
Mr. Holian moved to transfer $10,694.00 from Account 01570-2000 Contingency to Account 01105-2013 Non-Recurring. Second by Mr. Borst. Mr. Rosenthal explained that this is for environmental review of FFH former Wastewater Treatment Plant. Motion unanimously carried.
Mr. Holian moved to transfer $9,000.00 from Account 01570-2000 Contingency to Account 01180-1005 Referenda. Second by Mrs. Llodra. Mr. Capeci noted that the Legislative Council previously approved a transfer to fund the second and third referenda. Mr. Spragg explained that this transfer is to fund the fourth referendum. Motion unanimously carried.
Mr. Holian moved to transfer $36,000.00 from Account 01570-2000 Contingency, $20,000.00 to Account 01320-2020 Fire Department Utilities & Hose Repairs and $16,000.00 to Account 01320-2029 Fire Department Equipment Supplies. Second by Mr. Borst. Motion unanimously carried.
Mr. Holian moved to transfer $49,000.00 from Account 01570-2000 Contingency, $43,000.00 to Account 01510-4060 Tree Removal and $6,000.00 to Account 01515-4025 Landfill Contractual. Second by Mrs. Llodra. Mr. Rosenthal explained that this is for Public Works emergency work during and after the tornado event of 5/16/07. Motion unanimously carried.
Mr. Holian moved to transfer $40,000.00 from Account 01550-1005 Summer Program and $52,000.00 from Account 01570-2000 Contingency and $92,000.00 to Account 01550-5080 Capital. Second by Mr. Borst. Mr. Rosenthal explained that this is to complete the Eichler’s Cove replacement dock program. Motion unanimously carried.
Mr. Holian moved to transfer $1,000.00 from Account 01650-5080 Building Capital to Account
01650-4060 Building Contractual. Second by Mrs. Llodra. Mr. Rosenthal explained that this is to fund a Public Works emergency for AC failure at the E911 Center. Motion unanimously carried.
Possible Sale of Land
To authorize and direct the board of Selectmen to call a special Town Meeting to consider and act upon the resolution entitled “RESOLVED, that a parcel of land in the rear of Commerce Road and more particularly described as Parcel A on a certain map entitled "Site Plan Depicting Proposed Addition Assessor's Map 38, Block 1, Lot 18, 12 Commerce Road, Newtown, Connecticut, prepared for TUV Rheinland" dated March 21, 2007, scale 1" = 20' be conveyed by sealed bid to the highest responsible bidder who owns an abutting parcel which has access to Commerce Road. The parcel shall be sold for not less than $69,478. 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 “RESOLVED, that a parcel of land
in the rear of Commerce Road and more particularly described as Parcel A on a certain map entitled "Site Plan Depicting Proposed Addition Assessor's Map 38, Block 1, Lot 18, 12 Commerce Road, Newtown, Connecticut, prepared for TUV Rheinland" dated March 21, 2007, scale 1" = 20' be conveyed by sealed bid to the highest responsible bidder who owns an abutting parcel which has access to Commerce Road. The parcel shall be sold for not less than $69,478. Second by Mrs. Llodra. Mr. Rosenthal explained that TUV Rhineland needs more space for the testing that they perform. If they cannot purchase this parcel, they will have to leave Newtown. The parcel is .58 acres and is part of the property acquired from the State for the Technology Park. The Economic Development Commission is in favor of selling this parcel to TUV Rhineland. Mr. Rosenthal said that TUV’s license with the Town expires in August. Mr. Brown asked what will be done with the proceeds. Mr.
Spragg said they it is planned to deposit them in the Open Space Fund. Mr. Brown moved to amend the motion to further resolve that the proceeds be held by the Financial Director for deposit in an Irrevocable Trust Fund Benefiting Newtown. Second by Mr. Borst. Mr. Brown further amended that this is contingent upon this fund being established by December 31, 2007. If the fund is not established by December 31, 2007, the funds would revert to the existing Open Space Fund. Second by Mr. Borst. Amendment unanimously carried. Main motion as amended unanimously carried.
Appointment of additional members to Board of Assessment Appeals, as per Ordinance. Mr. Holian moved to appoint Derek McCleary of 24 Franklin Court and Shawn Ivan of Oakview Road as additional members of the Board of Assessment Appeals. Second by Mr. Brown and unanimously carried.
PUBLIC PARTICIPATION. None noted.
ANNOUNCEMENTS. Mr. Rodgers noted that the opinion letter from the Town Attorney concerning the petition to amend the Fairfield Hills Ordinance will be discussed at the next meeting under Communications. He stated that since the Town Attorney advised against taking action concerning the petition, he would consider such a motion to be out of order.
Mr. Lundquist’s survey proposal will also be on the next agenda.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 9:30 p.m.
Ann M. Mazur, Clerk
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