Minutes of the regular meeting of the Legislative Council held on Wednesday, March 5, 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 Magnificent, members of the Boards of Finance and Education, Financial Director Ben Spragg, Canine Advocates President Virginia Jess, Police Captain Joe Rios, Police Commissioner Brian Budd, Public Works Director Fred Hurley, Fire Marshal Bill Halstead, Chairman of the Board of Fire Commissioners Kevin Cragin, Parks & Recreation Commission Chairman Ed Marks and Director of Parks and Recreation Barbara Kasbarian, Superintendent of Schools Dr. Janet Robinson, Assistant Superintendent Dr. Linda Gejda, High School Principal Chip Dumais, six members of
public, two members of press.
MINUTES. The minutes of the regular meetings of January 16, 2008, February 6, 2008 and February 20, 2008 will be tabled until the next meeting.
Mr. Rodgers announced that concerns apparently relayed to parents that the High School project might be in jeopardy if the Parks & Recreation/Senior Center goes forward were unfounded. Due to the maneuverings of the Board of Finance, including this project in the Capital Improvement Plan (CIP) will not trigger the need for the reductions in the CIP. The only thing that may lead to a reduction in the CIP is if the construction costs for the building are added to the CIP now; then something else would have to be reduced or deleted. He said that no one is targeting the High School project and that a majority of the Legislative Council is in favor of the High School project.
COMMUNICATIONS.
Mr. Rodgers received an email stating that the writer felt that the High School project was more important than the Senior Center Building and that the seniors can wait but education cannot. Also stated spend money on computers, not just to have the seniors hang around. Also that the seniors have too much time on their hands. Make the senior center a separate vote and it will be voted down. Mr. Rodgers said that this is what Town officials had hoped would not happen by our actions to date. When the Board of Finance took action to fund the $1 million appropriation without requiring CIP reductions and when they and the Board of Education support holding a vote on the High School expansion with the budget referendum, we are attempting the opposite. There would be something that everyone can vote on and everyone can support.
The building is also for Parks and Recreation who help children as well as adults.
Mr. Rodgers reported that the Board of Finance made adjustments to projected revenues for next year, and reduced the proposed Board of Selectmen’s budget by $600,000 and the proposed Board of Education budget by $900,000. The overall budget increase would be 5.1%, 1.2% would be debt service and 3.9% operational budget.
Mr. Rodgers advised that the Boards of Finance and Education voted to hold the High School expansion vote with the budget referendum.
Mr. Davis received a communication from a resident asking to keep in mind that some people are on low and fixed incomes and keep their plight in mind.
Mr. Rodgers noted that the Board of Finance did not act on the resolution for the $1 million appropriation for the Parks & Recreation/Senior Center building that is the addendum to the Legislative Council’s agenda tonight because the last Board of Finance meeting was a special meeting.
PUBLIC PARTICIPATION. Virginia Jess, Apple blossom Lane, President of Canine Advocates, said that the Animal Shelter is in very bad shape and will not last another winter. She thanked the Boards of Selectmen and Finance for moving the funding up in the CIP. Please leave the money in the CIP.
COMMITTEE REPORTS.
Public Safety Subcommittee. Mr. Hemingway reported that the Committee will meet on March 20 at 6:00 in the Edmond Town Hall.
Education Subcommittee. Mrs. Llodra reported that meetings will be held on March 6, March 10 and March 20 in Edmond Town Hall.
Ad Hoc Committee on Outreach. Mrs. Llodra reported that the Committee met and discussed among other items utilizing Channel 17 and will report back to the Council on this.
Administration Subcommittee. Mr. Capeci noted that meetings are planned for March 10 and March 18 at 7:30 in Edmond Town Hall.
Mr. Rodgers noted that it would behoove the Town Department Heads whose budgets are under the purview of the Subcommittees to meet the Chairs of the Subcommittees.
FIRST SELECTMAN’S REPORT. Mr. Borst noted that the Board of Selectmen appointed John Poetl as the Chief Building Official. He said that the Board of Selectmen discussed the request of the Public Building and Site Commission to hire a Clerk of the Works for the High School and Bridgeport Hall projects and that they asked for a more definitive charge. Mr. Borst said that the STC is waiting for a drainage report for the Bridgeport Hall project and that Representative Hovey had a notwithstanding clause added to help get this project through. We received a public transportation grant which will be turned over to HART. The Board of Selectmen approved a $1 million appropriation for the Parks & Recreation/Senior Center building, $600,000 for planning and design and $400,000 for demolition. Connecticut Innovations
President Peter Longo asked Mr. Borst to look into Fairfield Hills as a nanotechnology research site. Mr. Borst feels that this would be ideal for Fairfield Hills. Mr. Borst said that the Board of Ed demonstrated Smart Boards at their meeting last night. Mr. Lyddy requested numbers concerning the HART grant. Mr. Capeci asked if O&G offers the same services as a clerk of the works and when have we employed them. Mr. Borst said we did this in the 70’s. Mr. Rodgers noted that the recent Library expansion project employed a clerk of the works also. Mr. Rodgers advised that Representative Hove ‘s notwithstanding paragraph was notwithstanding the traffic study we could go ahead but we are still waiting for the drainage report for the traffic study. Ms. Murray asked Mr. Borst would you use more than the $21,000 for the drainage; Mr. Borst said that a value did not come before the Board of Selectmen. Mr. Davis asked if all the Fairfield Hills money had been bonded. Mr.
Spragg said this is correct.
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 item was referred to the Ordinance Committee.
NEW BUSINESS.
Discussion of the Capital Improvement Plan (CIP)
Captain Joe Rios asked that the $200,000 be kept in the CIP for building improvements and renovations for the Police Department. The Department needs more space and parking is not adequate. We would like to move forward and project for the next twenty-five years, either with expanding our existing space or moving to Fairfield Hills. Police Commissioner Budd said that an architect is conducting a space needs study and a report will be presented to the Legislative Council by the Police Commission. The study will consider Fairfield Hills if there is viable space there for the Department.
Captain Rios said that the other CIP request is for a radio communications system enhancement. Our system is currently analog and we will be required to converted to digital which is what the State police now use. Fire Marshal Halstead said that there are no Homeland Security grants available now as far as he knows. Commissioner Budd said that when more and more agencies switch to digital, analog parts will either not be available or will be expensive.
Public Works Director Fred Hurley said that there is $2 million in the CIP for roads and bridges. It will take ten years to complete the bridge work. The grader that will be removed from the CIP and will instead come out of the budget. Mr. Hurley said that there is 40% more to be completed in the road work program which will take another ten years. He said that much of the work in the CIP is outsourced so that manpower and capital are not directly related.
Kevin Cragin, Chairman of the Board of Fire Commissioners, asked that the request for a fire truck remain in the CIP. We are planning to replace two trucks in the budget next year. Mr. Borst said that property on Route 302 is being looked at to move Hook and Ladder to. Mr. Spragg said that there is $25,000 for a study this fiscal year for the fire house.
Ed Marks, Chairman of Parks and Recreation Commission, said that Parks & Recreation (P&R) was asked at the last Legislative Council meeting to revisit a combined building with the seniors. P&R met again with the Commission on Aging and the seniors; the Commission on Aging voted to move forward with a joint venture with P&R. The Board of Selectmen approved a $1 million appropriation for $600,000 for design and planning and $400,000 for demolition of buildings. Mr. Marks said that a request for the facility will not be made in this fiscal year. We are requesting that the $3.1 million and $3.1 million be put back in the CIP where they were for a future request for the building.
Board of Finance Chairman John Kortze said that it is normal to capitalize $200,000 for the police building design, also for the $300,000 for the Parks & Recreation/Senior Center because this is to add on to a capital item. The Board of Selectmen can better assess the costs when more funding is later requested for the projects. Mr. Kortze said that the debt service cap has been pushed up this year by the Parks & Recreation/Senior Center Building and will probably push it over the cap after this year unless there is reprioritization.
Mr. Marks explained that the original estimate for the recreation building was $5 million which became $6 million when combined with the Senior Center. We will not have a gym or pool because these will be available at the Newtown Youth Academy. The construction will be phased and the third phase will be a pool.
Mr. Marks said that Parks and Recreation’s immediate needs are for: lights at the Fairfield Hills baseball diamond; with these lights we may not need a second field; also a turf field at Tilson. Repair of the maintenance facility is in the same year as these two projects but if one has to be pushed out, this could be because repairs are done as needed.
Virginia Jess reported that there is a location at Fairfield Hills in mind for the animal shelter but that the Town does not have the deed, a process which Mr. Rodgers said often takes some time with the State.
Mr. Rodgers declared a five minute recess at 9:35. The meeting reconvened at 9:45 p.m.
Newtown Technology Park (Commerce Road). Mr. Rodgers distributed a memo from Land Use Director George Benson and Deputy Director Rob Sibley (Attachment A to original minutes) which Mr. Rodgers noted indicates a dispute between the Land Use agencies, including the Conservation Commission, and the Economic Development Commission (EDC) concerning configuration of the land and the number of lots that can be approved. Mr. Rodgers noted that Representative Wasserman is upset about the reconfiguration of the land and that she advised the press that if this goes through as envisioned she is of a mind to ask the State Legislature to take the land back. Mr. Rodgers said that given the fact that the groups are not of one mind and because of Representative Wasserman’s concerns, consideration should be given to removing
this from the CIP and requesting that these groups get together to resolve the issues before requesting funding for the project. A similar situation existed with Parks and Recreation and the Senior Center; that building was removed from the CIP until a joint venture was agreed upon by both. Mr. Borst noted that the Conservation Commission is concerned with the trout stream and that a hydrological report has not yet been completed. He does not disagree with Mr. Rodgers that this should be pulled from the CIP.
Board of Education. Dr. Robinson distributed “Board of Education Response to Legislative Council Questions”(Attachment B to original minutes). Also “HS Bid Award – Funding” (Attachment C to original minutes) and “Newtown High School Additions and Renovations Perspectives of Interim Administrators” (Attachment D to original minutes). She noted that NEASC recommends 85% usability; we are now at 90% and the expansion would bring us to 85%. The Planning Completion Test yesterday resulted in very few changes to be required of the architects. If the gym is included, we must bring varsity fields up to code.
Mr. Spragg reported that he was not made aware of the time frame. Mr. Rodgers asked if there will be bids before we go to the voters; Dr. Robinson said no. Mr. Spragg said that this would be a big change for us and that other communities have had a big problem with that system. There are bid alternates which Dr. Robinson said will be part of the figure that goes to the voters.
Mr. Spragg explained some items in the proposed budget. He said that concerning the Edmond Town Hall Board of Managers kitchen project in the CIP, they requested a budget of $790,000 which was reduced to $200,000 so it is not likely that the kitchen project will remain in the CIP. He said that debt service of $18,000 to remodel the kitchen is in the budget and that this $18,000 should be considered in the Board of Selectmen’s $600,000 cut. He also noted that Engine #441 was moved to 2009-10 and the animal shelter to 2008-09 by the Board of Finance. Also he noted that the Grader and Kitchen Project are out of the CIP.
Mr. Rodgers read each item in the proposed CIP (Attachment E to original minutes) and advised the Council members that as he noted each item, if no motion was made to make a change to that item, that this indicated acceptance of the item as noted in the CIP by the Legislative Council.
Mr. Pennarola moved to add to the 2008-09 CIP the sum of $1 million for planning and design of the Parks and Recreation/Senior Center Building and for demolition and that the money be raised by bonding. Second by Mrs. Llodra. Mr. Kortze noted that the Board of Finance added $12,912 to the debt service for this project.
Mrs. Murray moved to amend the motion to $100,000 for the purpose of the design phase of the Parks and Recreation/Senior Center Building. Second by Mr. Davis. After discussion, Mr. Hemingway moved the question. YES 1 (Murray). NO 11 (Rodgers, Pennarola, Amaral, Aurelia, Brookes, Capeci, Davis, DiCandido, Hemingway, Llodra, Lyddy,). MOTION FAILED.
Mr. Davis moved to add to the 2008-09 CIP the sum of $1 million for planning and design of the Parks and Recreation/Senior Center Building and for demolition and that the money be raised by bonding and for the development of a master plan for recreation at the discretion of Parks and Recreation. Second by Mr. DiCandido. After much discussion. Mr. Hemingway moved the question. 2 YES (Davis, Murray). 10 NO (Rodgers, Pennarola, Amaral, Aurelia, Brookes, Capeci, DiCandido, Hemingway, Llodra, Lyddy). MOTION FAILED.
Vote on the main motion was 11 YES (Rodgers, Pennarola, Amaral, Aurelia, Brookes, Capeci, Davis, DiCandido, Hemingway, Llodra, Lyddy). 1 NO (Murray). MOTION PASSED.
Mr. Pennarola moved to amend the CIP to delete the Technology Park items in years 2009-10, 2010-11 2011-12 and 2012-13. Second by Mrs. Llodra. Discussion followed. 10 YES (Rodgers, Pennarola, Amaral, Aurelia, Brookes, Capeci, Davis, DiCandido, Llodra, Murray). 2 NO (Hemingway, Lyddy). MOTION PASSED.
Mrs. Murray moved to delete Open Space from the CIP in years 2010-11, 2011-12 and 2012-13. Second by Mr. Lyddy. After discussion Mr. Hemingway moved the question. 2 YES (Murray, Davis). 10 NO (Rodgers, Pennarola, Amaral, Aurelia, Brookes, Capeci, DiCandido, Hemingway, Llodra, Lyddy). MOTION FAILED.
Charter Ballot Question Procedures. Mr. Pennarola moved to authorize the Town Attorney to prepare explanatory text for the Charter ballot questions. Second by Mr. Capeci and unanimously carried.
Mr. Kortze stated that the Board of Finance did not receive the High School expansion operational costs that were presented tonight. They received information that the cost was $650,000 and the cost presented tonight was $2,000,000.
PUBLIC PARTICIPATION. Ed Marks said that it should be explained to the voters that the High School expansion cost of $41 million that they will vote on includes the field as an alternate which means that it could be removed from the project.
ANNOUNCEMENTS. Mr. Rodgers asked Mr. Spragg how he feels about having the referendum before the bidding for the High School expansion. Mr. Spragg feels that this is like a financial sinkhole. He feels that we should have a known amount to vote on. Mr. Rodgers asked Mr. Gaston how the Board of Finance feels about this. Mr. Gaston would like to know the cost of a project in order to develop the budget. He said that the Board of Finance feels that this should be presented at the same time as the budget.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 12:05 a.m.
Ann M. Mazur, Clerk
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