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04/02/08
Minutes of the regular meeting of the Legislative Council held on Wednesday, April 2, 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 (7:55), 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, C. H. Booth Library President Judge William Lavery and Treasurer Peter Marshall, Police Chief Michael Kehoe,  Public Works Director Fred Hurley, Parks & Recreation Commission Chairman Ed Marks, Superintendent of Schools Dr. Janet Robinson, approximately seventy-five  members of public, three members of press.

VOTER PARTICIPATION.

Judge William Lavery, President of the C. H. Booth Library, requested that the Legislative Council accept the recommendations of the Board of Selectmen and the Board of Finance concerning the Library budget. The Board of Selectmen cut $14,000 from the Library’s request. The Library would like to increase the hours of its technical librarian from ten to twenty per week. Also the Library is losing trust fund income because the Bank of American is redistributing the income.

Ruby Johnson, 16 Chestnut Hill Road, said that this resolution is for a Senior Center/Recreation Center and why aren’t we doing this like the school resolution. Mr. Rodgers noted that this resolution is not on the agenda and was already passed by the Legislative Council. Mrs. Johnson said if you can find $300,000 for lights at the ball field at Fairfield Hills, why can’t you find $300,000 for computers for the schools.

Richard Serbagi, 15 West Street, is a musician who does benefit concerts for the school systems for the Friends of Music. He said that the High School stage is in deplorable condition. The students have to set up for each session and the Board of Ed and architects should rethink their plans.

Ben Roberts, 19 Farrell Road, asked why the $97,000 for technology for Bridgeport Hall was in the operating budget rather than in the bond appropriation. We should look for other sources of funding, such as the $1.5 million  proceeds of the sale of houses at Fairfield Hills. No more money should be given to Fairfield Hills until we have an accounting of what has been spent and what is needed.

Mary Ann Jacob, 65 Mohawk Trail, is President of Sandy Hook PTA and tonight is representing Sandy Hook, the Middle School and the High School. She said that enrollment projections and usability are not the same thing. We are now over 100% capacity and 85% is desired. We urge you to pass on this project to the Board of Selectmen as is.

Debbie Leidlein, 29 Littlebrook Lane, feels that the technology budget is very important; without the improvements, we may lose teachers and have larger class sizes. Also property values will go down without the expansion. She is concerned with children’s safety.

Heidi Brisson, 4 Hemlock Trail, said we are at the eleventh hour. Move the expansion forward and let the taxpayers speak.

Carol Brown, 48 Marlin Road, is in favor of the High School expansion. Our reputation is at stake.

MINUTES of March 5, 2008, March 19, 2008 and March 26, 2008 will be tabled until the next meeting.

COMMUNICATIONS. Mr. Rodgers asked thanked the speakers for keeping their comments short. He noted that the Legislative Council could not move the meeting location because the public hearing had been noticed in The Bee as being in the Library. He does not expect that the High School project is in jeopardy with this body.

Mr. Rodgers received an Impact Statement for the $1,000,000 appropriation for design of a Parks and Recreation Center/Senior Center and demolition of buildings from the Director of Parks and Recreation (Attachment A to original minutes). Ms. Brookes distributed “1000 Friends’ Citizen Activist Summit on the Property Tax and Smart Growth April 5, 2008; 11 AM to 4 PM at Bridgeport City Hall” (Attachment B to original minutes). The Legislative Council members received a CCM Bulletin “Connecticut Housing Fairs” (Attachment C to original minutes) as well as the Pootatuck Watershed Association Newsletter. Mr. Davis noted that he received several emails in support of the High School expansion.

COMMITTEE REPORTS

Ordinance  will report under “Unfinished Business” and Finance will report under “New Business.

FIRST SELECTMAN’S REPORT. Mr. Borst noted that Alberts Hill Road is not yet open because it must be paved and have guardrails installed. The pipe has been installed by First Light. The State Legislature Finance Board approved extending the real estate conveyance tax another two years. We received a $300,000 STEAP Grant from the State for Fairfield Hills infrastructure. Mr. Borst said that the Town Clerk will be the only person who will post agendas and minutes to the Town website. The Strategic Long Planning Committee will report to the Legislative Council in April. Mr. Davis inquired about the $97,000 in the budget for technology for the new town hall. Mr. Rodgers said this will be discussed under the budget discussions.






UNFINISHED BUSINESS.



Ordinance Committee. Mr. Pennarola reported that the Ordinance Committee of the Legislative Council conducted a public hearing on proposed water rate increases tonight at 7:00 p.m.

Discussion and Possible Action: 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.

Mr. Pennarola moved that the Legislative Council increase the water rates to be charged by the Water and Sewer Authority as follows: Effective as of January 1, 2008: 1. For Nunnawauk Meadows:  by $.66 to $2.66 per thousand gallons, 2. For all other users: by $1.18 to $4.90 per thousand gallons. B. Effective as of July 1, 2008: 1. For Nunnawauk Meadows:  by $.67 to $3.33 per thousand gallons. 2. For all other users: by $1.20 to $6.10 per thousand gallons. Effective as of January 1, 2008, an increase in the Fire Protection rate by 25% and the Service charge by 100%.  Second by Ms. Brookes and unanimously carried.

NEW BUSINESS.

Discussion and Possible Action: To authorize and direct the Board of Selectmen to call a Special Town Meeting to consider and act upon the resolution entitled “Resolution Providing For A Special Appropriation In The Amount Of $38,826,000 For The Planning And Construction Of Additions And Renovations At Newtown High School And Authorizing The Issuance Of $38,826,000 Bonds Of The Town To Meet Said Special Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”,  said special appropriation was requested in a letter dated March 26, 2008 from Janet M. Robinson, Ph.D., Superintendent of Schools in accordance with Chapter 6, Section 6-30 (a)(b) & (c) of the Town Charter, a copy of which is attached hereto.

Mr. Pennarola moved to waive the reading of the entire resolution, second by Mrs. Llodra and unanimously carried. Mr. Pennarola moved to authorize and direct the Board of Selectmen to call a Special Town Meeting to consider and act upon the resolution entitled “Resolution Providing For A Special Appropriation In The Amount Of $38,826,000 For The Planning And Construction Of Additions And Renovations At Newtown High School And Authorizing The Issuance Of $38,826,000 Bonds Of The Town To Meet Said Special Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose.” Second by Mrs. Llodra.

Motion passed by roll call vote. YES 9 (Lyddy, Pennarola, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Capeci). NO 3 (Aurelia, DiCandido, Rodgers).

Mr. Rodgers declared a recess at 8:40 p.m. The meeting reconvened at 8:50 p.m.



Discussion and Possible Action: Town of Newtown Proposed budget for FY 2008-2009.

Mr. Rodgers noted that tonight should for decisions not fact finding but he noted that some department heads are present to answer questions.

Finance Committee. Mr. DiCandido reported that the Administration, Education, Public Safety and Public Works Subcommittees had recommended to the Finance Committee last night that the budget presented by the Board of Finance be approved by the Legislative Council. Public Safety had noted that if a cut had to be made, $20,000 could be removed from the Police Department budget for an LED speed display  and funded the following year. The Finance Committee then deliberated and Mr. DiCandido noted that the recommendation from the Finance Committee to the Legislative Council is that the Board of Selectmen’s budget be reduced by $441,000, from $39,433,400 to $38,992,400 with the cuts to be made at the discretion of the Board of Selectmen, and that the Board of Education’s budget be approved as presented by the Board of Finance for a total of $66,031,044. These actions were taken by a 4-1 vote.

Mr. DiCandido moved to accept the Board of Education budget as presented by the Board of Finance on March 5, 2008, total $66,031,044.  Second by Mrs. Llodra and unanimously carried by voice vote.

Mr. DiCandido moved to reduce the Board of Selectmen’s proposed budget by $441,000, from $39,433,400 to $38,992,400 with line items to be reduced at the discretion of the Board of Selectmen. Second by Mr. Capeci.

Ms. Murray moved to amend the motion and to reduce the Board of Selectmen’s proposed budget by $136,219 for Fairfield Hills Authority, $97,000 for technology for the new Town Hall, $100,000 for Police Department and $177,000 for Highway for overlay and drainage, for a total of $510,219. There was no second. Motion failed.

Main Motion failed by roll call vote YES 2 (DiCandido, Amaral). NO 10 (Aurelia, Lyddy, Pennarola, Davis, Hemingway, Llodra, Murray, Brookes, Capeci, Rodgers).

Mr. Pennarola moved to accept the proposed budget submitted by the Board of Finance totaling $39,433,400. Second by Mr. Hemingway. Motion passed by voice vote YES 10 (Aurelia, Lyddy, Pennarola, Davis, Hemingway, Llodra, Murray, Brookes, Capeci, Rodgers). NO 2 (DiCandido, Amaral).

Mr. Pennarola moved total Board of Selectmen budget of $39,433,400, total Board of Education budget of $66,031,044 for a total of $105,464,444, Board of Selectmen Revenue of $11,878,459, Board of Education Revenue of $4,667,129 for a Total of $105,464,444 and a proposed mill rate of 23.2 mills. Also move that the Financial Director be authorized to make any mathematical corrections that might be required in the appropriations and revenue and report back to the Legislative Council. Second by Mrs. Llodra and unanimously carried.

Transfer.

Mr. Pennarola moved to transfer from Account 01570-2001 Contingency $30,000 to Account 01105-2013 Capital and Non-Recurring $30,000. Second by Mr. Aurelia. This is to fund the buy in for the Alliance for Sensible Air Space Planning. Mr. Rodgers noted that Selectmen Rosenthal and Mangiafico had said that Mr. Rodgers’ memory of the Board of Selectmen’s meeting that authorized this expenditure authorized the full amount of about $74,000 and asked Mr. Borst to review this. Mr. Rodgers tabled action on the transfer.

MINUTES . Upon motion of Mr. Aurelia, the minutes of March 19, 2008 will have added before the resolution concerning the Parks and Recreation/Senior Center “To Authorize and Direct the Board of Selectmen to Call a Special Town Meeting to Consider and Act Upon a Resolution Entitled.” The remainder of these minutes will be considered at the next meeting.


PUBLIC PARTICIPATION.  LeReine Frampton, Registrar of Voters, said that we need voter confidence and that the voters feel there is waste. We need a unified front.

Pat Barczak, 21 Grand Place, said that we need to get together and move forward.

Elaine McClure, Chairman of the Board of Education, supports the High School addition. She said that the only reductions could be made in the bid alternates and that of the four bid alternate, the only one that would make an impact financially by its removal would be the field. Mr. Rodgers feels that with value engineering cuts could be made without eliminating bid alternates.

Ed Marks, Chairman of Parks and Recreation Commission, feels that the renovation for the High School is a good plan. He thanks the Legislative Council for passing on the budget.

ANNOUNCEMENTS. None noted.

EXECUTIVE SESSION.  None noted.

ADJOURNMENT.     The meeting adjourned at 10:10 p.m.



Ann M. Mazur, Clerk