Minutes of the regular meeting of the Legislative Council held on Wednesday, February 6, 2008 in the Meeting 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, 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, Financial Director Benjamin Spragg, Attorney Monte Frank, Deputy Director of Land Use for Conservation Rob Sibley, Conservation Commission Chairman Joe Hovious, Superintendent of Schools Dr. Janet Robinson, Assistant Superintendent Linda Gejda, High School Principal Charles Dumais, Registrar of Voters LeReine Frampton, members of the Boards of Education and Finance, approximately twelve members of public, one member of press.
MINUTES. The minutes of the regular meeting of January 16, 2008 will be tabled until Fairfield Hills Authority chairman Robert Geckle can review the proposed changes that refer to his presentation at that meeting.
PUBLIC PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, noted that the Library has installed an assisted hearing device system. She does not support purchase of the property at 300 Berkshire Road; according to the Tax Assessor it is only valued at $70,880. Regarding the CIP and the two lots on Commerce Road that were purchased to be part of the 38 acres acquired from the State, the Town should find another way to access the property. Regarding the lights for the baseball field at Fairfield Hills which is in the CIP, she believes that the Fairfield Hills Authority should pay for this field.
Mr. Rodgers noted that the discussion by Paul Lundquist of the results of his survey will be on the next agenda. Also the presentation by the Long Range Planning Committee will be held after the Committee addresses the Board of Selectmen. Mr. Rodgers noted that concerning the item communication with the public via the Town website a committee to examine communications in general will be established tonight.
COMMUNICATIONS.
The Chief of Police requested that the Alarm Ordinance be updated. This will be referred to the Ordinance Committee.
The proposed new Charter was published in The Bee. A referendum on the Charter changes will be held with the budget referendum.
The Legislative Council was invited to have two representatives participate in a search committee for Mr. Spragg’s replacement. Mr. DiCandido and Mr. Hemingway volunteered.
Mr. Amaral read a letter from a taxpayer who is concerned with taxes increasing and who suggested freezing spending. The letter was also sent to The Bee. Mr. Rodgers noted that if a Council member receives a letter that is also published in The Bee, the other Council members can read it in the paper rather than having it read during a Council meeting.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Borst signed the lease for Hawley Realty at Fairfield Hills. He noted that the administrative side of the proposed budget was reduced from $42,928,932 to $40,027,888. This represents a 8.2% increase including total debt service which is 3.95% of the budget. The actual increase is 4.25% without the debt service. He said that concerning the grand list: real estate net assessment is $3,564,861,912, elderly housing net assessment is $51,561,312, motor vehicle net assessment is $219,243,037, personal property net assessment is $83,682,835 for a total net assessment of $3,919,349,096. Mr. Spragg said that motor vehicle and personal property have been relatively flat and a combination of commercial, real estate and condos are up 30-35%. He said that there is a 32% increase in the
grand list. Mr. Spragg noted that this is a reval year, also that organic growth cannot be measured.
NEW BUSINESS.
Mr. Rodgers noted that the Legislative Council has adopted a new policy that the public can ask a single question of a presenter after the Legislative Council has asked questions, with the consent of the presenter. Mr. Sibley and the Board of Education agreed to take questions.
Purchase of property at 300 Berkshire Road by the Town of Newtown (Loveland property). Mr. Sibley provided a handout on the property (Attachment A to original minutes). He noted that the property is 12.238 acres along the Halfway River on Route 34. The site acquisition has been approved by the Conservation Commission, the Board of Selectmen and Planning and Zoning. The Halfway River is a Class A river with a wild trout population. A grant under the Housatonic River Restoration Project has been applied for for this property. Mr. Sibley is requesting approval for the Town of Newtown to purchase the property for $305,000.00 if the grant application is denied. The Trust for Public Land will purchase the property and hold it for the Town until either the grant application is approved or the Town pays for the property.
Mr. Hovious said that the Town has another piece of open space across the street just north of this parcel. Mr. Sibley said that of the $12 million was set aside for open space, $8 million was spent, $2 million will be funded in the CIP after 2010 and $1.5 million is available through 2010. The Trust for Public Land will receive $50,000 for holding and financing this purchase for the Town. Mr. Pennarola moved that the Town of Newtown be authorized to purchase from the Trust for Public Land the Loveland property as described in the handout provided by Mr. Sibley as 12.238 acres on Route 34 at 300 Berkshire Road for $305,000.00. Second by Mrs. Llodra and unanimously carried.
UNFINISHED BUSINESS.
Committee Assignments. Mr. Rodgers distributed the Committee assignments (Attachment B to these minutes). He noted that this is more than 90% reflective of the members’ preferences. He declared a ten minute recess at 8:40 p.m. and requested that the Committees elect a chairman. The meeting reconvened at 8:51 p.m. Chairmen are as follows: Ordinance – Mr. Pennarola, Finance – Mr. DiCandido, Public Safety – Mr. Hemingway, Administration – Mr. Capeci, Education – Mrs. Llodra and Public Works – Mr. Aurelia. Mr. Rodgers noted that the minor committees of Public Safety, Administration, Education and Public Works were essentially in limbo after the creation of the Board of Finance. He suggested that since half of the Legislative Council members are new members, that these
Committees on a trial basis review the line items on the Town side of the budget that fall under their purview as they had done before the Board of Finance existed. The Committees would then make a recommendation to the full Legislative Council. He feels strongly that these reviews should be done after the budget has come from the Board of Finance and not before because the Board of Finance has a different perspective on the budget process than the Legislative Council.
Mr. Rodgers established a Public Communications and Relations Committee which will be comprised of Mr. Davis, Mr. Lyddy and Mrs. Llodra.
Mr. Rodgers added under Communications a report by Registrar of Voters LeReine Frampton on the move of polling place 3-2. She said that the polling place was moved from Middle Gate School to the Edmond Town Hall gym. All those registered voters were called or mailed a card. She said that no one reported to the Moderator that they did not know that the polling place was moved. Signs were placed at Middle Gate. She contacted the officials at Middle Gate School who reported there were no problems.
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 item was referred to the Ordinance Committee. The Alarm Ordinance was also referred to the Ordinance Committee tonight.
NEW BUSINESS.
Discussion of the Capital Improvement Plan (CIP) regulations. Mr. Kortze distributed the CIP regulation written by the Board of Finance on September 6, 2002 and adopted by the Legislative Council on September 18, 2002. He said that the CIP is a five year plan and is a working document. He said that the Board of Finance figures out how to pay for items and that the Legislative Council is concerned with the politics and the will of the people. He said that the Boards of Selectmen and Education submit their prioritized requests to the Board of Finance ho then prioritizes all of the items. There was a delay this year in the Board of Finance submitting the CIP to the Legislative Council because of a change in administration and a new Board of Selectmen. Mr. Kortze said that the Capital and Non-Recurring Account is 5% of
the budget and the goal of the Board of Finance is to keep the Debt Service under 10%. He said that these guidelines are from the Town’s bankers and Moody’s who consider these to be prudent numbers. Mr. Gaston noted that the Board of Finance has discussed 8% and that the average of 10% is getting away from what we originally planned. Mr. Kortze said that the present CIP includes all requests from the Boards of Selectmen and Education, except for the Community/Recreation Center, which the Board of Selectmen took out.
Mr. Rodgers noted that the Legislative Council will not take action on the CIP tonight because there are agencies who wish to talk to the CIP. Mr. Kortze said that the Board of Selectmen recommended moving the Sandy Hook fire engine for $530,000 back a year, moving the animal shelter back in and removing the Park and Recreation center until further notice. He said this would probably only result in a difference of $20,000 in what the Board of Finance approved last week.
Mr. Kortze said that the Board of Finance included a graph showing 5.25% for growth of the budget to acknowledge the current economic clime and that this should not be interpreted as the amount that the budgets of the Boards of Selectmen and Education should go up. He said that the 5.25% is a blended rate of a number of different factors.
Mr. Rodgers declared a 3-5 minute recess at 10:05 p.m. The meeting reconvened at 10:10 p.m.
Presentation by the Board of Education concerning the CIP. Dr. Robinson discussed “Newtown High School Addition February 6, 2008 presentation for the Newtown Legislative Council” (Attachment C to original minutes). She noted that there are now1740 students. She said that NEASC has placed the High School on warning because of insufficient facilities and overcrowding. Currently there is inadequate space for classes, the cafeteria is too small and some classes are held in inappropriate settings. In June 2009 402 seniors will graduate and 505 freshman will enter; there will also be a fifth grade bubble. The State will require that students take and pass 24 credits in 2011 (20 credits now required). She noted that 2022 is the number that the State is authorizing for a reimbursement rate. She said there is a
new law beginning this July 1 that students who are suspended may not be suspended outside school unless for a serious infraction. She said that a usability rate of 85% is considered optimal by NEASC standards. Mr. Dumais said that if we add 100 students with the current 20 credit requirement, room utilization would go up to 96% from 89% now. Class sizes would increase for anything over 100%.
Lillian Bittman, Board of Ed member, said that with the new 24 credit mandate come more testing requirements. She said that 10% of residents responded to the Town wide survey, and 70% of those were in favor of a High School addition.
Mr. Rodgers noted that there was 100% among the Legislative Council for a significant High School addition.
Dr. Robinson reported that if the referendum does not pass, the $2.5 million in architect’s fees would be lost. She said the referendum needs to be in the spring.
Mr. Rodgers said that perhaps further conversation could be held at a special meeting of the Legislative Council. He asked the Council members to ask questions of the Board of Education to be answered by them at a later date.
Mrs. Llodra noted that Dr. George Coleman, Deputy Commission of Education, will present Requests for School Reform on February 14 at 6:30 p.m. at Newtown High School.
PUBLIC PARTICIPATION. Bob Merola, 13 Ashford Lane, is opposed to the High School addition as articulated. He said we do need more space. He spoke with an associate director at NEASC who said there are now about 130 schools on warning who are still accredited; it takes 2-3 years to come off warning and could go on probation. There are five Connecticut schools on probation now who are still accredited. He suggested using a virtual high school. He said we will have excess if we build to peak. He said 80% of the NEASC items are done; nothing in the report relates to athletics. Put some of the money for the High School into Middle School or Hawley.
ANNOUNCEMENTS. None noted.
EXECUTIVE SESSION. Mr. Pennarola moved to enter executive session at 10:53 p.m. to discuss a legal matter and to invite Mr. Spragg, Attorney Monte Frank and the clerk to attend. Second by Mr. DiCandido and unanimously carried. Meeting left executive session at 11:30 p.m.
Mr. Pennarola moved to authorize the Board of Selectmen to settle the comprehensive litigation in Waterbury in exchange for approved settlement documents and to approve a special appropriation of $150,000 to settle the matter, funds to be expended from the Reserve for Capital and Non-Recurring Account. Second by Mrs. Llodra and unanimously carried.
ADJOURNMENT. The meeting adjourned at 11:35 p.m.
Ann M. Mazur, Clerk
Legislative Council
Feb 6, 2008 “C”
Committee Assignments
Public Safety Public Works
Amaral D Pennarola D
Capeci R Aurelia R **
Lyddy D Davis I
Hemingway D **
Administration Ordinance
Pennarola D Pennarola D **
DiCandido R Aurelia R
Capeci R ** Davis I
Brookes D Llodra R
Hemingway D
Brookes D
(Rodgers R) Ex Officio
Education Finance
Brookes D DiCandido R **
Lyddy D Amaral D
Llodra R ** Capeci R
Murray I Murray I
Lyddy D
** Denotes Chairman
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