Minutes of the regular meeting of the Legislative Council held on Wednesday, March 19, 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, members of the Boards of Finance and Education, Superintendent of Schools Dr. Janet Robinson, Parks & Recreation Commission Chairman Ed Marks, approximately seventy members of public, two members of press.
MINUTES.
Ms. Murray feels that the minutes are incomplete because they do not reflect more discussion and questions and answers between Legislative Council members and with the public. Mr. Rodgers stated that the minutes are a summary of what transpired and not a transcript. Ms. Murray requested additional time to review the tapes of the meetings of January 16, February 6, February 20 and March 5, 2008. After discussion, the minutes of the regular meeting of January 16, 2008 will be amended to note the comments of Mr. Davis and Ms. Murray. Upon motion of Mr. Davis, the minutes were unanimously accepted as amended. Upon motion of Mr. Capeci, the minutes of the regular meeting of February 6, 2008 were unanimously accepted as presented. Upon motion of Mr. Pennarola, the minutes of the regular meeting of February 20, 2008 were
accepted with Mr. Davis and Ms. Murray opposed. Mr. Pennarola moved to approve the minutes of the regular meeting of March 5, 2008, second by Mr. Capeci. Ms. Murray requested more time to review the tape of the meeting. Mr. Pennarola withdrew his motion and Mr. Capeci withdrew his second. The minutes of March 5, 2008 will be tabled until the next meeting.
Mr. Rodgers announced that no action will be taken tonight by the Legislative Council concerning the special appropriation for the High School expansion project. The Board of Selectmen voted 2-1 against the special appropriation. Mr. Rodgers conferred with the Town Attorney today who advised that the special appropriation is dead. The Legislative Council will wait for a recommendation from the Board of Finance. The Legislative Council decided to unanimously support the High School expansion project and also voted to include the project in the Capital Improvement Plan (CIP) in the stated amount. He believes that the Board of Education officials are taking steps in the way that they want to proceed.
PUBLIC PARTICIPATION.
Ruby Johnson, 16 Chestnut Hill Road, distributed information concerning Fairfield Hills expenses (Attachment A to original minutes). She said that when she was on the Legislative Council the minutes were recorded and distributed. She is against the $100,000 appropriation. Supposed to be $600,000 for design and $400,000 for demolition; $398,175 was spent on demolition already out of $7 million. Total cost of the ballfield was $692,336. Amend the resolution and make it more specific.
Sarah Beier, 7 Yogananda Street, was extremely dismayed that Ms. Murray and Mr. Davis voted to remove open space from the CIP and noted that we have two Legislative Council members who are not interested in preserving open space. She was unhappy with the motion to decrease spending for the Recreation/Senior Center but that was also defeated. She has an issue with so many private emails going around; people take these as gospel and they fuel the flames and make the town more divided. She wanted to know if an email from Ms. Murray was as a Legislative Council member, IPN member or citizen. Feels it is inappropriate to sent to a certain group. She feels that there should be a policy concerning this. She is disappointed that the Board of Education did not make a presentation to the Board of Selectmen concerning the
High School expansion. At the Board of Selectmen’s meeting there was not a representative of the school board; she said that the school board was not notified. She said that people should get information from sources other than email or the papers.
Michael Sussman, 61 Mile Hill Road South, asked how the public can vote on regulations. Mr. Rodgers noted that there is a charter revision process for this.
Bob Murray, 19 Farm Meadow Road, is chairman of the IPN and a resident. He said that a delay in the High School expansion project may jeopardize state funding. He said that Selectmen Rosenthal and Mangiafico do not support the High School expansion but that a new Town Hall is important to them and that they disregarded the wishes of the voters. Mr. Mangiafico had said he would review Fairfield Hills projects. Let the people decide
Bob Merola, 22 Ashford Lane, distributed “NHS enrollment analysis (as of March 2008-RAM)” (Attachment B to original minutes). He is vehemently opposed to the High School expansion as proposed. If we build to peak we build to excess. He spoke to an assistant director of NEASC who said that if a school is on probation or warning you do not lose accreditation. Overcrowding is the open piece from the NEASC report which focused on academics but there is nothing about athletics in the report. He noted in his information that the numbers are high all the way out. He noted that on February 6 the Board of Education presented to the Legislative Council statistics on housing starts in Newtown that do not agree with the figures he obtained from the Town of Newtown Building Department. The figures do not justify
expansion.
Maya Horvath, 250 South Main Street, invited people to go on a tour of the High School with her son, who has lunch at 9:00 a.m.
David Gallassie, 151 Huntingtown Road, thanks Ms. Murray and others who communicate by email. He feels that this provides a valuable flow of information. His two sons are in classes that total over 500 students. Think about what your house would be worth in Bethel who is on probation.
Jeff Madej, 16 Equestrian Ridge Road, said that the PTA at Head o’Meadow supported moving forward with the High School expansion.
Merritt Saunders, 2 Pumpkin Lane, said that education is the crown jewel of the community. He heard people laughing about our accommodations. Let the voters decide on this.
Deborah Leidlein, 29 Littlebrook Lane, supports the High School expansion project as is because of the NEASC report. Her children have lunch at 8:45 a.m. They cannot use the Library because there is not enough space to accommodate all of the children. Her oldest will graduate from an accredited High School but that might not be true of her other children. Let the voters decide.
Lisa Shambelan, 16 Cemetery Road, supports the High School expansion. She said to look at capacity vs. usability. Some classes are held in improper settings. If we delay it will be a lot more expensive for a smaller school.
Laurie Borst, 8 Beechwood Drive, said that the Selectmen usurped the power of the voters. This issue was discussed at length and the project was scaled back. She was the education reporter for The Bee. She said you would not want to be in the halls of the High School when the bell rings. We will lose accreditation if we do not address this issue. Space is a problem.
Michelle Hankin, 16 Greenleaf Farms Road, asked the Legislative Council to advocate and work with the Board of Selectmen to resolve this and not get it derailed.
Larry Hart, 10 Equestrian Ridge Road, supports the high school expansion and said that we are her to demand that this be put on the ballot.
Bruce Walczak, 12 Glover Avenue, said to look at Paul Lundquist’s survey of the Town including the percentage who trust their government to do the right thing and that people in Newtown don’t understand how their government works. He said that the Legislative Council has the ability and perhaps the obligation to explain to the voters how the process works.
Chris Fallon, 6 Hall Lane, is in favor of moving forward with the High School expansion.
Gianine Crowell, 26 Canterbury Lane, asked why don’t the three Boards get together so that the Board of Education could make the same presentation to all of them Why didn’t Selectmen Rosenthal and Mangiafico postpone their motion if they were not informed.
Leon Heller, 16 Diamond Drive, said stop repeating history in government. We do not make our schools large enough. It is mandatory that the people are heard.
Joan Piscatelli, Butternut Ridge, is a co-president of the High School PTA. She is in support of the High School expansion and said that many options were considered.
Martha Decker, 46 Cobblers Mill Road, thanks the Legislative Council for its support of the High School expansion. She challenges the Boards to get together and work this out.
Mr. Rodgers noted that such plans are in the works. He noted that the Board of Selectmen does not get the opportunity to vote on the Board of Education side of the CIP as the Legislative Council does. The Legislative Council took actions on the CIP to send a message by turning down requests in the CIP because people were not working together. He is confident that the Board of Education will take steps to get the special appropriation underway and not lose any time. He noted that the Legislative Council must act after the Board of Finance. The Board of Selectmen can act first, second or third in the process. This process is going to go forward.
Donna Montiflore-Randall, Sandy Hook, said that the officials only had to pick up the phone to get information and she understands that this was not done. Mr. Mangiafico knows the questions and the answers. She invites anyone to visit the High School for an entire day. The kids need the proper equipment.
Lisa Schwartz, 7 Merlins Lane, is acting Chairman of the Board of Education. She was not present at the meeting of the Board of Selectmen because she did not know that the project was on the docket. Her understanding was that the resolution was to flow from the Board of Finance to the Legislative Council to be put on referendum ballot by the Board of Selectmen. She does not understand why this happened. She takes exception to the idea that the Board of Education was derelict or irresponsible. She welcomes the opportunity to speak to the issues presented by Mr. Rosenthal. Questions about enrollment have persisted for years and we welcome discussion. She welcomes the opportunity to address the Financial Impact Statement. Take whatever action possible to allow for a reconsideration.
LeReine Frampton, 6 Pebble Road, is a Registrar of Voters. She said that 90% of the residents vote in a presidential election but only 30-40% in a local election. You have more voice in a location election. Please vote.
Dr. Janet Robinson, Superintendent of Schools, said that concerning the number of students and the square footage proposed for the High School expansion, children move in spaces and there is a usability issue. We are overcrowded. She distributed “High School Capacity built to highest project PROWDA enrollment number” (Attachment C to original minutes). We are presently at 107.4% of capacity; 85% is recommended. Even with the new space will do not fall below 85%. Everyone moves and does not stay in one space.
Mr. Rodgers declared a five minute recess at 9:17 p.m. The meeting reconvened at 9:22 p.m.
COMMUNICATIONS. Mr. Rodgers advised Mr. Davis that Mr. Geckle’s response to Mr. Davis’ request to Mr. Geckle and First Selectman Borst for more information was that he had provided all the information that he had. Mr. Rodgers also noted as a teaching point to Mr. Davis and Ms. Murray that when citizens become members of the Legislative Council they lose some rights and it is essential that matters go through the Chair not directly to other Boards and officials. Officials of other Boards and agencies have inquire of Mr. Rodgers if members who have contacted them directly are representing the Legislative Council, and if Mr. Rodgers plans to take up the matters noted in the communications with the Legislative Council. He again asked that members go through the Chair or “cc” him. Mr. Davis
agreed to go through the Chair. Ms. Murray asked if Board of Finance Chairman John Kortze had not responded to a request of hers because she had not gone through Mr. Rodgers; Mr. Rodgers felt Mr. Kortze’s lack of response was in large part because her choice of media between public officials results in matters going on outside of the public eye. --Discussions in a public forum are more appropriate. Mr. Rodgers feels that the Legislative Council is spending a staggering amount of time on emails, or at least he is.
COMMITTEE REPORTS.
Mr. Rodgers noted that the subcommittees are to present to the Finance Committee of the Legislative Council and that these meetings will be posted as there will be a quorum of the Legislative Council in attendance.
Public Safety Subcommittee. Mr. Hemingway reported that the Committee met tonight and will have one more meeting.
Education Subcommittee. Mrs. Llodra reported that the Committee met twice and plans one more meeting on Monday.
Administration Subcommittee. Mr. Capeci noted that the Committee met last night and will meet one more time.
Ordinance. Mr. Pennarola reported that a public hearing will be held on Wednesday, April 2, 2008 at 7:00 p.m. before the Legislative Council meeting at 7:30 p.m. that night on the Water and Sewer Authority’s request to increase the water rates.
Finance. No report.
Public Works. Met last week and is ready to present to the Finance Committee.
Ad Hoc Committee on Outreach (Communications Subcommittee). Mrs. Llodra reported that the Committee’s goal is a live transmission of Legislative Council meetings if desired by the Council and that the Committee is working with the Technology Club at the High School to air the meetings on Channel 17. Mr. Rodgers instructed the Committee to request that the Technology Club draft a proposal as to what is needed for such an initiative. Mrs. Llodra said that the Legislative Council’s public hearing next Wednesday will be taped for Channel 17 unless a live transmission can be arranged. She hopes that the meeting room at the new Town Hall will have digitalized capabilities. Mr. Aurelia suggested that Legislative Council agendas be posted on Channel 17; Mrs. Llodra will check on this.
FIRST SELECTMAN’S REPORT. Mr. Borst reported that Public Works Director Fred Hurley and Town Engineer Ron Bolmer attended the Board of Selectmen’s meeting last Monday to present information pertaining to Town acceptance of roads at Fairfield Hills. The drainage report will be hand carried to the STC on Friday and we will be on the STC agenda on April 17.
HART is working to increase bus service from Waterbury to Danbury to Bridgeport.
Iroquois Gas offered to donate ten acres near Morgan Pond to the Town; Mr. Borst said that the property has a market value of $200,000. He said that the Town Attorney is reviewing the matter.
Mr. Borst said that his sole aim in putting the High School resolution on the Board of Selectmen’s agenda last Monday is the awareness of the April 22 referendum date. He said that the Registrar’s Office advised him that the timeline is very tight. He noted that Charter Section 6.30(b) states that a special appropriation can be initiated by the Board of Selectmen, a Town department head or the Legislative Council. He said he went out of sequence to expedite the matter and that there are no procedures in the Charter for the process. Mr. Rodgers noted except that the Legislative Council must act after the Board of Finance. He apologized for any inconvenience. Mr. Rodgers said that 6.30(b) talks of initiating a special appropriation. The High School request was initiated by the Board of Education to the Board of
Finance. He does not know that this could be invoked here. He noted that the Board of Selectmen is last in the process of approving an appropriation because they are directed to call a Town Meeting.
Mr. Rodgers said that a meeting concerning the High School project will be called by Dr. Robinson and will also be attended by himself, Mrs. McClure, Mr. Kortze and Mr. Mangiafico. The purpose of the meeting will be to discuss things in a collaborative way.
Mr. Amaral advised Mr. Borst that Alberts Hill Road is still closed. Mr. Borst said that placing the pipe must be coordinated with First Light.
Mr. Pennarola asked what amount Iroquois is asking for the easement property. Mr. Borst said it is about $20,000 to $30,000, significantly less than the $200,000 market value.
Mrs. Murray asked Mr. Borst that in view of confusion in the Charter about under whose purview the process of capital projects is, do we need a legal opinion. Mr. Borst noted that the Legislative Council has the final say and they instruct the Board of Selectmen to set a Town Meeting and the Board of Selectmen can go directly to a referendum. Mr. Rodgers noted that as he stated earlier in the meeting, he spoke with the Town Attorney and asked him if there was impropriety with the Board of Selectmen acting as they did; Mr. Grogins said no. Mr. Rodgers again stated that the Charter says that the Legislative Council must act after the Board of Finance but that the Charter is silent, perhaps deliberately, about when the Board of Selectmen acts. Mr. Davis said it is more traditional for the Board of Finance and the Legislative
Council to act to direct the Board of Selectmen to call a Town Meeting. Mr. Rodgers noted that the Board of Selectmen has exclusive authority to incur Town indebtedness, i.e., bonding. Mr. Davis asked if the Board of Selectmen could refuse to call a Town Meeting if directed after approval by the Board of Finance and Legislative Council. Mr. Rodgers does not know if the Board of Selectmen can refuse to schedule but they can refuse to bond. He said the quickest process would be to initiate a new special appropriation. Mrs. Llodra asked if the Board of Selectmen has an obligation to act on a bonding resolution that incurs indebtedness. Mr. Rodgers does not know that the Board of Selectmen can refuse. Ms. Murray asked why the Board of Finance did not act on March 10 to a request to have the $38 million appropriation added to that agenda. Mr. Rodgers said that he had noted at the last Legislative Council meeting that March 10 was a special meeting of the Board of Finance and it
could not be added. Mr. Borst noted that the actual resolution was not received in time to be put on the Board of Finance’s agenda. Mr. Rodgers noted that the Legislative Council can act if the Board of Finance does not act within thirty days but that this was dead before that. Mr. Hemingway asked why the meeting that is planned is all Chairmen except Mr. Mangiafico; Mr. Rodgers said that the meeting is to address Mr. Mangiafico’s concerns.
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 who will hold a public hearing on April 2 at 7:00 p.m., prior to the Legislative Council meeting.
Presentation by Paul Lundquist of Survey Results. Mr. Lundquist distributed “2007 Survey of The Way Things are in Newtown, Comprehensive Survey of Newtown Residents Summary of Key Findings” dated March, 2008 (Attachment E to original minutes. He noted that under Overall Priority of Future Initiatives for Newtown the top item is “Commercial development at Fairfield Hills and other suitable town-owned land.” Also under “Communicating a Clear Vision for Newtown” the most urgent problem is “Town government’s ability to develop a clear vision for the future.” The most urgent school overcrowding issue is “Large class size/over-crowding at the high school.” He also noted that “Most are Generally in Favor of High School Expansion.” Also the
results indicated “Perceived Quality of Education is Good, Quality of Infrastructure is Not.” Also “Little Enthusiasm for Town an BOE Offices at FFH” “Because There is Relatively Little Direct Benefit to Residents.” “Top Preferred Uses for FFH: Recreation and Land-Banking.” Also “Commercial Development As Solution to Increased Taxes.” “Tax Income for the Town is Primary Reason Want More Development.” “Residents Seek Greater Clarity on Benefits of Commercial Development." “Residents Hope Town Leaders have Comprehensive Understanding of Potential Impact of Commercial and Residential Development Projects.” “Appeal of Special Types of Potential Commercial Development.” “Feelings About Potential Impact of Commercial Development on Pootatuck Watershed.” “The Town Budget Vote, 2007”. Also why people voted in favor of or against the budget or why they did not
vote.
Mr. Rodgers proposed a “Health and Human Services Committee” for future consideration.
COMMUNICATIONS. Mr. Rodgers noted that the State is attempting to reclaim reimbursement made to the town of Portland for a school expansion project that the town overbuilt because enrollment figures did not rise to the projected figures. He feels that this was on the mind of the Board of Selectmen.
Mr. Rodgers distributed “Newtown Public Schools, Newtown, Connecticut, Total Operating Costs, Impact Estimate in 2008-09 Dollars Incremental TOTAL Operating Costs – Additions & Renovations to High School” (Attachment E to original minutes).
NEW BUSINESS.
Resolution Appropriating $1,000,000 For Architectural And Engineering Services For The Planning And Design Of A Park and Recreation Community Center/Senior Center And Authorizing The Issuance Of $1,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose.
Mr. Pennarola moved Resolution Appropriating $1,000,000 For Architectural And Engineering Services For The Planning And Design Of A Park and Recreation Community Center/Senior Center And Authorizing The Issuance Of $1,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose. He also moved to waive the reading of the entire resolution. Second by Mr. Capeci. Mr. Pennarola noted that while it is not in the body of the resolution, it is his expectation that $600,000 will be for architectural fees and $400,000 for demolition. Mr. Rodgers noted that “demolition of buildings” was substituted for “demolition of Litchfield Hall” by the Board of Selectmen. Mr. Aurelia said that he understands that the $600,000 for
architectural fees is about 10% of the total cost which is the same percentage as the architectural fees for the High School project. Ms. Murray said that her intent in moving to reduce the amount to $100,000 was to use a small amount to initiate a schematic design because we have not vetted project as we did the High School. Mr. Davis asked why are we doing this now? Mr. Rodgers said that it is the hope of the Board of Finance that since there are several items on the referendum to appeal to votes, hopefully this will stop the cycle of the defeat of the first operating budget. As to whether there is money in the original bonding resolution for demolition, Mr. Rodgers feels that part of what Mr. Rosenthal and Mr. Geckle were thinking was that state grant monies would be available. Ms. Murray feels that this resolution should not be acted on before the High School is addressed and can lease money be used for this? Mr. Rodgers said that the lease money is not available for
demolition but for infrastructure loop improvements. Mr. Davis and Ms. Murray feel that more specific numbers are needed. Mr. DiCandido would like to see separation of costs; he is in favor of the resolution but agrees that it should not be voted on before the High School resolution. Mr. Rodgers reminded that we did not stall the High School resolution. Also we took this item off the CIP and told the parties to work together, which they have done. Mrs. Llodra said that not acting would smack of duplicity.
Mr. Davis moved to amend the motion to delete after and demolition “ of buildings” and to insert “of Litchfield Hall”. Second by Mr. Aurelia. Mr. Rodgers noted that two buildings must be demolished to build the Recreation Community Center/Senior Center and the change was made so that both buildings might be demolished if funds permit. Ms. Murray said it is a problem that two projects are lumped together as one. After more discussion, Mr. Davis withdrew his amendment and Mr. Aurelia withdrew his second.
Roll call on the main motion: 11 YES (Pennarola, Amaral, Aurelia, Brookes, Capeci, Davis, DiCandido, Hemingway, Llodra, Lyddy, Rodgers) 1 NO (Murray).
TRANSFER.
Mr. Pennarola moved to transfer from Account 01570-2001 Contingency $75,000, to Account 01510-1003 Winter Overtime $40,000 and to Account 01510-2032 Winter Salt $35,000. Second by Mrs. Llodra. Motion passed by voice vote, 11 to 1 (Mr. Amaral opposed).
The Board of Education, in accordance with the Town of Newtown’s Charter Section (6-30), a), b) and c), request a special appropriation of $38,826,000 for the construction of Newtown High School’s expansion and renovation project. This amount, as determined by the Board of Finance, is included in the currently approved CIP for the Town for the 2008-2010 fiscal year and should come from bonding.
No action will be taken on this matter tonight.
Mr. Davis moved that the Legislative Council communicate with the other Boards the Legislative Council’s support of the High School expansion as currently in the CIP and that we urge the Boards of Selectmen, Education and Finance to work together on this matter. Second by Ms. Murray. Mr. Rodgers feels that this is unnecessary and would set a dangerous precedent. Mrs. Llodra noted that two recent events compelled groups to work together. Mr. Rodgers noted that the Legislative Council cannot add action items to an agenda but that this item will be placed on an agenda for discussion and possible action.
PUBLIC PARTICIPATION.
Sarah Beier, 7 Yogananda Street, hopes that in the future questions and concerns raised by people are directed to the appropriate authorities.
LeReine Frampton, 6 Pebble Road, said “thanks.”
Paul Lundquist said there is broad support for the High School expansion but not in the context of a $106 million budget.
ANNOUNCEMENTS. Mr. Rodgers reminded that the Legislative Council’s public hearing on the proposed budget will be next Wednesday, March 26, at 7:30 p.m. in the Middle School Auditorium.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 12:15 a.m.
Ann M. Mazur, Clerk
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