Minutes of the regular meeting of the Legislative Council held on Wednesday, November 21, 2007 in the Senior Center, 14 Riverside Road, Sandy Hook, 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, Francis Pennarola. ABSENT: Joseph DiCandido, Michael Iassogna, Keith Jacobs, Patricia Llodra.. ALSO PRESENT: First Selectman Herbert Rosenthal, Selectman William Brimmer, Financial Director Benjamin Spragg, Deputy Director of Land Use for Conservation Robert Sibley, members of the Charter Revision Commission, Conservation Commission chairman Joseph Hovious, Registrars of Voters Karin Aurelia and LeReine Frampton, six members of public, one member of press.
MINUTES. Upon motion of Mr. Borst, the minutes of the regular meeting of November 7, 2007 were unanimously accepted as presented.
PUBLIC PARTICIPATION. LeReine Frampton, 6 Pebble Road is a member of the Charter Revision Commission. She recommends that the Charter Revision changes go on the budget referendum in April.
Bob Hall, 5 Nettleton Avenue, said that the Board of Finance is afraid that they will be undermined by the way they are titled. Do not reduce the powers of the Finance Committee at all; reject that aspect of the Charter. Also he is not sure that Brook Heights is of particular value to the town and he does not see it as a threat to Pond Brook
Guy Howard, 4 Main Street, asked if the Board of Finance sees themselves as providing financial oversight concerning town organization. The Chairman of the Board of Finance told him that they do not have oversight at Fairfield Hills. He is concerned with participation only if they are asked. Mr. Rodgers asked Mr. Howard is this in general or referring to the issue of changing Board of Finance to Finance Advisory Board, to which Mr. Howard said to the Finance Advisory Board.
Gary Davis, 23 Charter Ridge Drive, commended the Charter Revision Commission. He thought that budget districts were formed because one section of town dominated the other. Regarding truncating the budget process, not everyone can attend the two public hearings and one hearing may result in a shorter budget process.
Paul Mangiafico, 15 Kent Road, said that concerning the Board of Education, it is hard to say what number would prevent partisanship. The Board was never partisan when he was a member. Six members brought a diverse view and there were many lengthy deliberations. One time when the Board was deadlocked significant value was brought to the deliberations. The Board of Finance does an excellent job and if there is even a hint that their powers would be reduced do not take that action.
Al Cramer, Partridge Lane, Chairman of the Charter Revision Commission, is concerned about functions of the Legislative Council and of the Board of Finance regarding provisions in the Charter. He said that Jim Gaston said that he wanted the Board of Finance be maintained as it is combined with administration and legislative authority and the name remain the same. The Charter says that the legislative body of the Town are the Legislative Council and the town meeting. All legislative authority should reside in the Legislative Council. There may be inconsistencies in Sections 6-90 (b) and (c) concerning approvals of the Legislative Council.
COMMUNICATIONS. Mr. Rodgers thanked the speakers during public participation for their valuable comments and their identification of what they knew firsthand and their disclaimers of what they did not.
Mr. Rodgers said that Po Murray had requested that the Legislative Council defer action on the Charter revisions tonight so that the new Council could take action. He had replied that the Charter Revision Commission requested that action be taken tonight, that it was this Council’s charge to the Charter Revision Commission, and there is a remedy in that the new Council can form another Charter Revision Commission
Mr. Rodgers welcomed Mr. Holian back. Mr. Rodgers congratulated those public officials who were elected and hopes that those not elected would consider returning to public service in the future.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal noted that the Legislative Council was always elected by district. He stated that the Board of Finance has had oversight over the expenditures of the Fairfield Hills Authority directly and indirectly though there may be some who feel they should have more oversight. He reported that a conference was held with Moody’s to pursue a AA1 rating but that Moody’s reaffirmed the Town’s AA2 rating with a positive outlook. Moody’s would rather wait another 6-12 months before considering an upgrade. They are concerned that a town takes multiple referenda to pass a budget. Moody’s wants to wait until the charter revision work is completed and to see if it include a policy to manage a surplus. They also want to see our actuarial report. Mr. Spragg
said that there is an implied subsidy to older retirees. He said that the Board of Finance will review this and recommend whether or not to fund this subsidy.
Mr. Rosenthal thanked the Legislative Council for the way they worked with him during his terms and said it had been a pleasure working with them.
NEW BUSINESS.
Possible Acquisition of Properties. Rob Sibley, Land Use Deputy Director for Conservation, made a presentation concerning four properties that the Town is considering acquiring. All have been approved by the Board of Selectmen and the Planning and Zoning Commission:
Grady property on Stone Bridge Trail (29 acres). The property connects to town open space. It will cost $800,000 over three years with a gift reimbursement for each installment
Feola property on Great Quarter Road (15 acres) is located at Eichler’s Cove and adjoins Forest Association open space. The cost is $125,000 Mr. Rosenthal said the road that was approved with the subdivision is very steep and difficult. Mr. Rosenthal said that purchase of this property would eliminate conflicts with the owner which the Town has had in the past.
Brook Heights on Pond Brook Road (24 acres) at a cost of $1,400,000 over three years. Mr. Sibley said that a neighbor will donate 30 acres if the Town purchases Brook Heights. The property connects to Town and Forest Association open space. Mr. Rosenthal noted that there is an old railroad right of way through this property and that the 30 acre donation would be comprised of 18 acres as a conservation easement and 12 acres as an outright gift. Mr. Hovious said that the Conservation Commission gave this property the highest rating as a desirable purchase. Mr. Rosenthal noted that the subdivision was never approved by Planning & Zoning and Inland Wetlands but was instead approved by the court and the DEP.
Southard property on Edge Lake Drive (40 acres) at a cost of $500,000. Mr. Sibley said that this property is along Lake Zoar and connects directly to Town, Forest Association and State open space. He said that owners of parcels between these properties verbally agreed to donate these properties to the Town. Mr. Rosenthal said that the Town has had a number of conflicts with the owner of the 40 acres and purchase of the properties would eliminate future conflicts.
Mr. Sibley said that there is a sunset on some of the charitable giving laws this year which would affect how people may donate their land.
Mr. Sibley noted that there would still be $1.3 million left in bonding for open space purchases. Mr. Rodgers emphasized the sunset of the charitable laws .
Mr. Pennarola moved to authorize the Selectmen to complete the purchase of the Grady property on Stone Bridge Trail at a purchase price of $800,000. Second by Mr. Borst and unanimously carried with Mr. Holian recusing himself.
Mr. Pennarola moved to authorize the Selectmen to complete the purchase of the Feola property on Great Quarter Road at a purchase price of $125,000. Second by Mr. Borst and unanimously carried.
Mr. Pennarola moved to authorize the Selectmen to complete the purchase of the Brook Heights property on Pond Brook Road at a purchase price of $1,400,000. Second by Mr. Borst and unanimously carried with Mr. Brown recusing himself.
Mr. Pennarola moved to authorize the Selectmen to complete the purchase of the Southard property on Edge Lake Drive at a purchase price of $500,000. Second by Mr. Borst and unanimously carried.
Mr. Borst asked if there was a problem with the Legislative Council members approving land purchases at the end of their terms. Mr. Rodgers and Mr. Pennarola noted that there is nothing concerning this in the Charter.
UNFINISHED BUSINESS.
The final report of the Charter Revision Commission. Mr. Holian moved acceptance or approval of those items with which the Legislative Council is in agreement with the Charter Revision Commission and rejection of those items with which the Legislative Council is not in agreement with the Charter Revision Commission. Second by Mr. Capeci.
Mr. Borst noted that the Legislative Council’s minutes of November 7, 2007 contained errors in listing sections of the Charter: 6-12 (b) should be 612 (a) and 7-80 (e) should be 7-80 (a). Mr. Rodgers asked Mr. Cramer if the Charter Revision Commission was confused or misled by these numbers or were you aware of what we were talking about because of your presence at our meeting? Mr. Cramer replied that he was not misled.
Mr. Borst feels that “all” should be included in Section 4-90 concerning the Public Building and Site Commission as recommended by the Charter Revision Commission. This recommendation was rejected by the Legislative Council He disagrees with the Legislative Council’s decision to accept the recommendation of the Charter Revision Commission to change the number of members of the Board of Education from six to seven.
Mr. Borst moved to amend the blanket motion by including “all” in Section 4-90 concerning the Public Building and Site Commission and by not recommending a seven member Board of Education. Second by Mr. Capeci. Mr. Rosenthal said that when the Public Building and Site Commission recommended changes to the ordinance, they did not want “all” included. He said that state statutes give power to legislative bodies to appoint committees for school projects and he does not feel that it is appropriate to add “all.” Mr. Borst said he is concerned with clarity. Mr. Rodgers said that he is concerned with appointed bodies not being in charge of their own jurisdiction but that elective bodies should have that level of control. He thinks that the elimination of “all” was
deliberate in the past. Vote on motion: YES (1) (Borst) NO (7) (Rodgers, Holian, Amaral, Doyle, Brown, Capeci, Pennarola). Motion failed.
Mrs. Doyle moved to amend the blanket motion to support the recommendation of the Charter Revision Commission to have two voting districts. Second by Mr. Capeci. Mrs. Doyle noted that people cannot vote for you unless you are in their district and there are really no districted related issues. Mr. Pennarola noted that election at large might have some merit. Mr. Rodgers thought that the original issue was logistics and polling places and there are administrative remedies for that. He campaigns a lot door to door and receives requests for other town departments involvement. He is loathe to spread himself that thin. Mr. Capeci agrees and feels that if we represent the whole town we will dilute our representation and focus. He feels that the three districts are working. Mrs. Doyle feels the concept of two districts is
worthy of sending to the voters. Vote on motion YES (2) (Doyle, Pennarola) NO (6) (Rodgers, Holian, Amaral, Brown, Capeci, Borst). Motion failed.
Main (blanket) motion was unanimously approved.
Mr. Pennarola inquired as to whether the Legislative Council must decide now how to send the package to the voters. Mr. Rodgers said it is his understanding that the recommendations were always sent as a package. Mr. Rosenthal said that this was not necessarily the case, sometimes the recommendations were presented as multiple questions. Mr. Rodgers feels that this matter will depend on the outcome of the petition process. Mr. Rosenthal said that the town attorney will review this.
Mr. Holian moved to submit this matter in the spring of 2008 in conjunction with the budget referendum. Second by Mrs. Doyle and unanimously carried.
PUBLIC PARTICIPATION. Guy Howard, 4 Main Street, distributed statutes concerning passing the recommendations on to the voters.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. The meeting adjourned at 9:40 p.m.
Ann M. Mazur, Clerk
| 
