Minutes of the regular meeting of the Legislative Council held on Wednesday, January 16, 2008 in the Meeting Room of the C. H. Booth Library, 14 Riverside Road, Sandy Hook, CT. Chairman Rodgers called the meeting to order at 7:30 p.m.
PRESENT: William Rodgers, Francis Pennarola, Daniel Amaral, John Aurelia, Jan Brookes, Jeffrey Capeci, Gary Davis, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray. ALSO PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, Town Attorney David Grogins, Fairfield Hills Authority Chairman Robert Geckle, Registrar of Voters LeReine Frampton
Mr. Rodgers noted that the Board of Finance did not act on the $1,000,000 resolution for the planning and design of a park and recreation community center/senior center so that the Legislative Council will not consider it tonight.
MINUTES. The minutes of the regular meeting of December 19, 2007 will be amended to add under First Selectman’s Report clarification that everything but Bridgeport Hall could be discussed and that Borst could address this. Upon motion of Mr. Capeci, the minutes of the regular meeting of December 19, 2007 were unanimously accepted as amended.
PUBLIC PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, distributed information concerning landbanking Fairfield Hills property for future municipal needs. She objects to the Fairfield Hills Authority receiving another penny until we have a completed financial report from them. She said that their goal is to have the Town act as a developer. She noted that $600,000 has been spent for demolition.
COMMUNICATIONS. Polling location change. Mr. Rodgers noted that a recent state statute gave the Registrars of Voters the power to change the polling locations as an administrative act. Mrs. Frampton explained that this statute became effective on October 1, 2007. She explained that the polling place was changed from Middle Gate School to the gym at Edmond Town Hall. She noted that Districts 3-a and 3-b are now 3-1 and 3-2. High school matter. Mr. Rodgers has heard that some question whether the Legislative Council philosophically embraces the high school project. He asked that any Legislative Council members who do not support a high school expansion in some significant manner to raise there hands. No Council members responded. The C. H. Booth Library sent information to the Council members.
Mr. Rodgers reported that Board of Finance Chairman John Kortze received correspondence from the Board of Education that they will apply for an emergency appropriation under Section 6-30 of the Charter concerning a steam leak at the Middle School that will cost $850,000. Mr. Borst reported that the leak has been fixed.
Mr. Rodgers reported that the Board of Selectmen’s budget deliberations will be held on January 22, 23 and 24 at the Senior Center at 7:30 p.m.
A packet was sent to the Legislative Council members from the Board of Education concerning the High School project.
Mr. Rodgers reported that at Mr. Davis’ request, presentations by Paul and Lundquist and the long range planning committee will be placed on a Legislative Council agenda.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Borst asked Town Attorney David Grogins to report on the leases at Fairfield Hills. Mr. Grogins said that the only currently active lease being pursued is with Hawley Realty for Newtown Hall. Half of the building would be leased to Danbury Hospital and the rest to Kevin’s Community Center. The lease should be completed in the next few days. Tenants for the duplexes have dropped out. The lease for Stratford Hall would go forward when the Danbury Hospital lease is completed. Mr. Grogins is working with the Fairfield Hills Authority in the negotiation of the leases. He will advise the First Selectman when the leases are negotiated to the Authority’s satisfaction and are legally in order for Mr. Borst to sign. Mr. Grogins prepared a draft template for the Fairfield
Hills Authority for leases which was used for the Newtown Youth Academy lease. The proposed tenants have requested some changes, but there are no re-negotiations of the letters of intent.
Mr. Hemingway asked Mr. Borst if a search committee has been established to look for a replacement for the Financial Director. Mr. Borst replied that Mr. Spragg said he will be available as needed and will stay part-time until the budget is approved. Mr. Amaral asked Mr. Borst if Alberts Hill Road is closed. Mr. Borst said that a culvert under the road collapsed and the road is open to local traffic only. Mrs. Murray asked that a cost estimate be prepared for the demolition of Litchfield Hall and Mr. Borst agreed. Mr. Aurelia said that seniors have circulated a petition that they do not want to be part of a combined building. Mrs. Brookes talked with Senior Center Director Mrs. Place and seniors at the Center who are 100% opposed to moving.
UNFINISHED BUSINESS.
Request by the Town of Newtown Water & Sewer Authority to increase the general water rates and water rates for Nunnawauk Meadows retroactive to January 1, 2008. This will be referred to the Ordinance Committee when the Committee is established.
NEW BUSINESS.
Newtown Cultural Arts Commission Gift Fund. Jennifer Johnson, Chairman of the Cultural Arts commission, said that the Commission would like this fund established in order to accept donations. Mr. Spragg recommends approval. Mr. Pennarola resolved that the Legislative Council adopt “NEWTOWN CULTURAL ARTS COMMISSION GIFT FUND – Any funds available to the Newtown Cultural Arts Commission from a specific contribution to the Newtown Cultural Arts Commission shall be placed in the custody of the Financial Director of the Town of Newtown and shall be kept by him in an account which shall be known as the “Newtown Cultural Arts Commission Gift Fund” and shall be separate and distinct from all other Town accounts. All disbursements from the Newtown Cultural Arts Commission Gift Fund account shall
be made on order of the majority approval of the Newtown Cultural Arts Commission in accordance with the donation or gift. The Newtown Cultural Arts Commission shall furnish an annual report with regard to such account and the account shall not be closed at the end of any fiscal year.” Second by Mr. Aurelia and unanimously carried.
Part Two presentation (finances) from the Fairfield Hills Authority. Mr. Geckle distributed “Fairfield Hills Authority Master Plan Execution Current Update – January 2008.” (Attachment A to original minutes). He explained that the Fairfield Hills Authority is responsible for all activities on the campus that do not involve public buildings. He noted that the Annual Operating Budget has been $498,000 to $598,000 under the Authority and was about $1 million annually under the State. He noted that demolition was $450,000 not $600,000 as reported by Mrs. Johnson. Mr. Geckle feels that some of the leases for the duplexes may be resurrected. Mr. Rodgers asked if the Authority is acting pursuant to the Fairfield Hills Master Plan, to which Mr. Geckle replied that it is.
Mr. Borst asked who is working on the grants; Mr. Geckle said that Mrs. Dent is and that she is working with Liz Stocker. Mr. Borst asked what was remediated at Woodbury Hall, to which Mr. Geckle said that soil needed to pass the test for pesticides was removed. At Bridgeport Hall we went down to the fittings and the foundation was waterproofed. There is not an estimate for personal property tax revenue. Mr. Capeci suggested that this could be coordinated with Danbury Hospital. Grants for the Board of Ed are spearheaded by Schools Director of Business Mr. Bienkowski and Mr. Cugno of Fletcher-Thompson. Mr. Borst said that the STC is looking for a traffic study and that the SFU will not approve the Board of Ed’s application until the STC approves it. Mrs. Murray asked what the difference is between the estimate
of the bond money expended and what was presented tonight, to which Mr. Geckle replied that this is the current estimate and the other estimate was six years old. Mr. Geckle does not anticipate any more changes to the Master Plan but noted that the Board of Ed may request changes.
Mr. Geckle said that one time lease payments are desired so that this money can be used for infrastructure, demolition and other items. He said that cost estimates to demo the buildings were done in 2000. Mrs. Murray asked if cost estimates can be done based on 2008 dollars; Mr. Geckle said we can but that the “A” items are removing Litchfield and Greenwich Halls. Mr. DiCandido asked if there is a cost to land bank; Mr. Geckle said there is a cost to maintain fields, to mothball buildings, provide security and repair deterioration. Mr. Capeci asked if the demolition of Litchfield Hall could be covered by Fairfield Hills Authority funds or funds from the State; Mr. Geckle said yes, the bond allows for demolition and other permitted uses.
Mr. Rodgers asked if Kevin’s Community Center is tied to Hawley or if that lease falls through would they still go into the same location. Mr. Geckle said that the $500,000 grant for Kevin’s would not be enough for a stand alone building for them. He said that Hawley will renovate the building for $2 million and will provide space in kind rent free for Kevins for the $500,000 grant for Kevin‘s which has to go to lease payments. Mrs. Llodra asked if the Authority will come back with demolition costs. Mr. Geckle will come back with costs for Litchfield and Greenwich Halls. Mrs. Murray asked about parking. Mr. Geckle said that Zone B is for Town Hall, Newtown Youth Academy and the playing fields. Phase II temporary parking will be used if Greenwich is still there and Phase I if Greenwich is gone. Zone A is
for reuse buildings. Danbury Hospital needs 75 spaces. Stratford and the duplexes will not have exclusive parking but their parking will also be available for other uses. Mr. Rodgers asked if the leases identify costs to reuse vs. knocking down the buildings; Mr. Geckle said they do not.
Mr. Spragg noted that the cost to demolish the fields was $375,000. Mr. Amaral asked if there will be any costs to the taxpayers for Fairfield Hills; Mr. Geckle said that this is not known. Mr. Davis asked if the Town would make more money if we allow the developers to take down the buildings; Mr. Geckle said no. Mr. Davis said that the cost of the Town Hall went from $6 million to $7.2 million to $10 million. He asked if money spent by Highway and Parks & Recreation are coming out of the Authority’s budget; Mr. Geckle said the money is coming out of their budgets. Mr. Davis thought that the $400,000 to take down Litchfield Hall would come out of the bond issue. Mr. Geckle said that the Town Hall is not under the Fairfield Hills Authority job description. Mr. Davis asked Mr. Borst to find out about the cost of
the Town Hall and about the temporary parking because Mr. Rosenthal had said that Greenwich would come down and the parking would not be used. Mr. Rodgers suggested that Mr. Davis contact Mr. Rosenthal. Mr. Rodgers remembered that Mr. Rosenthal said that money will be available, perhaps grant money. Mr. Grogins agrees. Mr. Rodgers said that Mr. Rosenthal said this was in the CIP for the following year so it makes sense to accelerate this. Mr. Borst said that in the 2008-2009 CIP there is $3.1 million for the community/recreation building and maybe this could come out of that money. Concerning lights for the ballfields, Mr. Geckle said that Parks & Recreation made the determination to take this out of their capital funds. Mrs. Murray asked if the $400,000 is the beginning of Phase III; Mr. Geckle said this is not specifically Phase III. Mr. Rodgers said there seems to be an implication that we are on a slippery slope. Mr. Davis said we seem to be at the end of the funds
and perhaps we should reassess the Master Plan. Mr. Geckle takes exception to the idea that there is no plan; we are not zigzagging and changing direction or course. Mr. Rodgers said we are not at the end of the first phase, that leases have already been waffling, and that doing this now may trigger more uncertainty than we have been dealing with. Mr. DiCandido said that if we re-evaluate the plan after five years time, does this mean we will continue to do this and at what point do you rely on the work of the committees? Are you not going to believe a plan because of a change of regime?
Mr. Rodgers suggested that the Board of Selectmen retract from the Board of Finance consideration of the proposed bonding resolution since we are now hearing that the Senior Center Director and the seniors are not in favor of the combined building. Mr. Geckle noted that the Fairfield Hills Authority is not the vehicle to communicate with concerning this matter.
Public participation protocol (Attachment B to original minutes). Mr. Davis moved that the Legislative Council adopt “Improved Public Communication (Attachment B to original minutes).” Second by Mr. Lyddy for discussion. Mr. Davis noted that the public should be allowed to applaud, etc. and to speak to any items of interest and ask questions of the Council and presenters.
Mr. Rodgers noted that at a CCM convention it was stated that municipalities should minimize their liability and that public dialog can be fraught with problems. Confrontations can lead to lawsuits. There are also notice problems because the whole idea of a public meeting is that the public has a right to know what is discussed so they can avail themselves of their rights. A discussion can advance farther than you have a right to advance; a discussion about a zoning matter should really occur at a Planning and Zoning meeting. Things can get out of hand and personal. False expectations can be created. Also applause can create an intimidating environment for those in the minority.
Mr. Hemingway noted that the public can ask a Legislative Council member to add something to an agenda. Mr. Davis clarified his motion to having a presenter, not the Legislative Council, respond. Mr. Rodgers said that this would be a presenter’s choice and he would informally ask a presenter if they would be willing to take questions from the audience. Mrs. Llodra said that public displays have a chilling effect on discourse. Mrs. Murray said she feels there is a level of frustration from the community and feels there should be some way to expand public participation because people do not feel that they are heard. Mrs. Brookes would be in favor of an open forum perhaps every fourth meeting. Mr. Aurelia suggested using the telephone for two way communications.
Mr. Davis withdrew his motion. Presentations before the Legislative Council would be open to the public to respond to the presenter at the discretion of the Chairman.
Communication with the public via the Town of Newtown website (Attachment C to original minutes). Mr. Davis moved that the Legislative Council adopt “Improved Public Communication. Second by Mr. Hemingway for discussion. Mr. Rodgers stated that members of the Legislative Council should not be perceived as speaking for the entire Council without the permission of the Legislative Council to third parties, including Town employees. Mr. Davis spoke to his motion. He suggested that the public be able to receive emails informing them of when the meeting agenda or minutes of the Council are posted on the website. He noted that Parks and Recreation and Planning and Zoning provide a similar service. Mrs. Mazur advised that the Town Clerk posts the minutes to the website, the meeting clerks
post the minutes and that the First Selectman’s office is in charge of the website. Scott Sharlow, head of the IT and GIS departments, told Mrs. Mazur that he was not sure if any additional funds would be required for this program. Mr. Pennarola suggested that notification be provided only for that which is now on the website with a note that this is not official, such as a disclaimer. Mrs. Llodra would like to explore this. Mr. Rodgers asked if the names of the people on such a registry could be public information and feels that we need to proceed more formally with this matter and work with Town officials. Mrs. Murray feels that there is much merit in Mr. Davis’ idea. Mr. Rodgers feels that the Ordinance Committee or a subcommittee could explore this. He said that perhaps people would feel it to be a disservice if they were not notified for some reason. Mr. DiCandido supports such a program.
Mr. Davis withdrew his motion. The matter will be referred to the Ordinance Committee or a subcommittee of the Legislative Council as a whole with a liaison with the office of the First Selectman to the employees. Mrs. Llodra suggested utilizing Channel 17 to better communicate with residents.
This item will be carried forward on the next agenda.
Committee assignments. Mr. Rodgers will coordinate the mailing of the assignments with the next agenda.
ANNOUNCEMENTS. Mr. Voket of the Bee reported to Mr. Rodgers that the grant for Kevin’s Community Center has been received. Mr. Rodgers noted that the Town officials are working with the State concerning the reimbursement to the Town for the Board of Education grant for the Town Hall and he noted that the reimbursement may increase from the $172,000 that has been discussed by the State. Mrs. Llodra said that usually that there are more negotiations in the process for reuse of buildings, such as this building.
PUBLIC PARTICIPATION. Sara Frampton, 6 Pebble Road, said that there is a way for people to submit comments to a website and suggested a disclaimer that the information has been received and will be considered but will not be responded to be taken into consideration.
Ruby Johnson 16 Chestnut Hill Road, wants to clarify that you are not talking about the Master Plan that was rejected in 2003. After that Public Act 05-33 allowed the creation of the ordinance for the Fairfield Hills Authority which took power away from the Legislative Council and gave it to them. She also discussed the history of the Multi-Purpose Building and its grant.
ADJOURNMENT. The meeting adjourned at 11:01 p.m.
Ann M. Mazur, Clerk
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