Minutes of the regular meeting of the Legislative Council held on Wednesday, September 5, 2007 in the Meeting Room of the C. H. Booth Library, 25 Main Street, Newtown, CT. In the absence of Chairman Rodgers and Vice-Chairman Holian, Mr. Pennarola called the meeting to order at 7:30 p.m.
PRESENT: Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Stacie Doyle, Michael Iassogna, Keith Jacobs, Patricia Llodra, Francis Pennarola. ABSENT: William Rodgers, Timothy Holian, Joseph DiCandido. ALSO PRESENT: First Selectman Herbert Rosenthal, Financial Director Benjamin Spragg, Board of Education Chairman Elaine McClure and members Paul Mangiafico and Andrew Buzzi, Water and Sewer Authority Chairman Richard Zang and staff consultant Public Works Director Frederick Hurley, members of Charter Review Committee Joseph Hemingway and Guy Howard, member of Board of Finance James Gaston, eight members of public, one member of press.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meetings of July 25, 2007 and August 22, 2007 were unanimously accepted as presented.
Mr. Pennarola noted that the Charter Review Committee withdrew the final draft that it had submitted to the Legislative Council in order that the town attorney can complete his review. The final draft will then go back to the Legislative Council.
PUBLIC PARTICIPATION. None noted.
COMMUNICATIONS. Mr. Borst asked about Mr. Holian who has been in the hospital. Mr. Rosenthal said that he is scheduled to have surgery in the near future.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal received a letter from Thomas Harley of the State Bureau of Engineers of the DOT concerning the Route 84 Exit 11 interchange. The J ramps will be removed and new ramps installed. The DOT is reviewing the Pootatuck aquifer with the State Department of Health. A bypass area to the High School will be constructed. There will be a four foot shoulder on Route 34 for bicycles. The right of way at Route 34 and Toddy Hill Road is being reviewed by the State. The Federal government will pay 80% of the costs and the Town will pay 20%. There will be no truck rest area. The Town may acquire the land where the J ramps are now located. Vegetation will be left in place between the new ramps and residences.
The Board of Selectmen approved a lease upon recommendation of the Fairfield Hills Authority for a Newtown Youth Academy at Bridgeport and Litchfield Halls. The lease will be for 40 years with two 10 year renewals; the cost of the building will be $1.2 million with $600,000 credit for demolition of the building which Mr. D’Amico will do. If renegotiations are not successful the Town can purchase the facility for 2/3 of its fair market value. Application was made to Planning & Zoning for a modification to the Fairfield Hills Master Plan and also for a Parks and Recreation facility immediately adjacent to or connected to the sports facility. The Senior Center and/or cultural arts facility may be located there also. Phase II will be construction of a pool. Mr. D’Amico is donating $1 million of his
own funds for the facility and he will maintain the building
Mrs. Llodra inquired about Public Act 281. Mr. Rosenthal said that this Act is effective October 1, 2007 and states that before a town can lease or sell real property a public hearing must be held if the value is over $10,000. The Town Attorney is reviewing whether a public hearing is necessary if a town meeting is held. The legislative body in Newtown is the Legislative Council and the town meeting. The Fairfield Hills Authority Ordinance authorizes the Board of Selectmen to approve leases. Mr. Brown asked if there is an escalator over 40 years. Mr. Rosenthal said there is an escalator of 6%.
UNFINISHED BUSINESS.
Paul Lundquist’s offer to conduct a survey of the residents of Newtown. This item will be tabled.
An irrevocable trust fund to benefit the Town of Newtown. Mr. Rosenthal said that Attorney Grogins is still reviewing this matter.
Year-round schooling. Mrs. McClure noted that the Board of Education does not support such a proposal. Mr. Jacobs asked for clarification as to whether there are schools in the New England area on year-round schooling. Mrs. McClure noted that The Bee had reported that there are two school systems on a year round schedule. Bee reporter John Voket said there were two systems on a year round schedule as of May and he will forward the information to the chairman of the Legislative Council. This item will be carried forward.
The recommendations of the Charter Review Committee for changes to the Town’s Charter. As noted earlier, the Charter Review Committee withdrew the final draft that it had submitted to the Legislative Council in order that the town attorney can complete his review. The final draft will then go back to the Legislative Council. This item will be dropped from the agenda until the report is received by the Legislative Council. Mrs. Llodra asked for clarification of the time schedule. Mr. Rosenthal noted that the Charter Review Committee has until October 12 to submit a report to the Legislative Council. Mr. Pennarola noted that the Legislative Council has 30 days to schedule a public hearing after it receives the report and then has 15 days to report back to the Charter Review Committee
Report from Finance Committee concerning suggestions for Administrators’ Contract (possible executive session). Mr. Capeci reported that the Finance Committee met two times and discussion is in process. This item will be carried forward.
NEW BUSINESS.
Request by the Town of Newtown Water & Sewer Authority to increase the general water and sewer rates and sewer and water rates for Nunnawauk Meadows. Mr. Zang explained that the Water and Sewer Authority (WSA) can determine sewer rates on its own but that Ordinance #56-A states that the Legislative Council must set the water rates. Mr. Hurley discussed the proposed rate increases (Attachment A to the original minutes). He said that a revenue stream has been put in place and a billing system was set up two years ago. The communities that are served are critical, such as Nunnawauk Meadows and Garner Correctional Institute. Two primary wells were not working and have been repaired. The system is under the State Health Department. The renovation and remediation program that was begun has answered most questions.
The two pumps and resurveying have resulted in more capital being needed. The Sewer Authority advanced money to the water side. The State use is 83% and Town use is 17%. We plan to phase in capital recovery over three years. The WSA and USGS are doing an aquifer protection study. The rate increases proposed are in line with the rates of Aquarion and United Water. Mr. Pennarola noted that the Legislative Council will hold a hearing on the proposed water rates and the item will be carried forward.
Mr. Rosenthal noted that when the Town purchased Fairfield Hills it had to take over the water supply but the State did not give the Town any funds for this. The violations are a carry over from the State. Mr. Rosenthal said that the State did not object to rates that are in line with mainstream commercial rates.
Mr. Zang said that the increases would be done at three times, January 2008, July 2008 and July 2009.
Mr. Pennarola said that the Ordinance Committee will take up the matter and schedule a public hearing. Mr. Zang said that the WSA will hold a public hearing on the proposed new sewer rates and the Legislative Council will hold a hearing on the water rates.
PUBLIC PARTICIPATION. Linda Mangarano and Richard Kovacs, members of the Board of Directors of Nunnawauk Meadows, distributed information on the impact that the proposed rates would have on Nunnawauk Meadows (Attachment B to the original minutes).
ANNOUNCEMENTS. Mr. Rosenthal noted that Planning and Zoning will hold a public hearing on the proposed modification to the Fairfield Hills Master Plan on September 20.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 8:28 p.m.
Ann M. Mazur, Clerk
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