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05/07/08
Minutes of the regular meeting of the Legislative Council held on Wednesday, May 7, 2008 in the Meeting Room of the C. H. Booth Library, 25 Main Street, Newtown, CT. Vice-Chairman Pennarola called the meeting to order at 7:30 p.m.

PRESENT: Francis Pennarola, Daniel Amaral, John Aurelia, Jan Brookes, Jeffrey Capeci, Gary Davis, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray. ABSENT: William Rodgers. ALSO PRESENT:  First Selectman Joseph Borst, Selectman Paul Mangiafico, Financial Director Ben Spragg, Town Clerk Debbie Aurelia, four members of public, three members of press.

Mr. Pennarola noted that the item of setting the mill rate would be referred to the Board of Finance. The State has not adopted a budget yet and if they adopt the budget agreed on last year, we will lose $400,000 in income. By the next time we meet we will act with or without a recommendation from the Board of Finance. Mr. Pennarola also noted that the item “Presentation by the Ad Hoc Long Range Strategic Planning Committee” is tabled until the presentation is first made to the Board of Selectmen.

VOTER PARTICIPATION. None noted.

MINUTES of March 5, 2008, March 19, 2008, March 26, 2008 and April 2, 2008 will be tabled.
COMMUNICATIONS. Mr. Davis received a communication from Kathy Geckle concerning the traffic calming ordinance.

COMMITTEE REPORTS

Ordinance. Ordinance Committee met tonight and discussed with Police Chief Kehoe ordinances concerning alarms, traffic calming and fire lanes. No action was taken. We will continue to investigate these and bring them to public hearing when they are finalized.

Education. Mrs. Llodra distributed “NEWTOWN BOARD OF EDUCATION 2008-09 Budget Adjustments” listing where the Board of Education will make cuts to total the $900,000 that was approved at referendum (Attachment A to original minutes).

FIRST SELECTMAN’S REPORT. Mr. Borst reported that Alberts Hill Road is now open. He noted that a meeting will be held tomorrow concerning the infrastructure loop at Fairfield Hills. On Friday a meeting will be held with Peter D’Amico for the purpose of the Fairfield Hills Authority exploring Mr. D’Amico’s offer to take down Greenwich and Litchfield Halls with a mortgage for the Town for fifteen years. It must be determined if this would be economically feasible. This would be to take of the parking. We are also working to get a $1 million grant from the EPA. We are also working on whether we will be reimbursed $276,000 for Fairfield Hills. Mr. Pennarola noted that the arrangement with Mr. D’Amico would be more akin to rent than to a mortgage.



NEW BUSINESS.

Discussion and Possible Action: Acceptance of the 2006-2007 audit. Mrs. Murray moved to accept the audit report for the Town for 2007-2008. Second by Mr. DiCandido and unanimously carried.
Discussion and Possible Action: The appointment of Kostin, Ruffkess & Co to perform the audit for 2007-2008. Mr. DiCandido moved to appoint Kostin, Ruffkess and Company as the auditors for the year 2008-2009. Second by Mr. Hemingway and unanimously carried.

Discussion and Possible Action: Creation of Tax Suspense List. Creation of a tax suspense list. ~Mrs. Murray moved to accept the Tax Collector’s suspense list as indicated in her memo dated May 2, 2008, with 216 Personal Property Accounts totaling $46,483.71,12 Real Estate Accounts totaling $63,215.94  and 614 Motor Vehicle Accounts totaling $90,800.38 for a grand total of 842 Suspense Accounts totaling $200,500.03. Second by Mr. Capeci and unanimously carried.

Discussion and Possible Action: Set the salary of the Town Clerk for the period December 1, 2008 through December 1, 2009. Mrs. Llodra moved to set the salary of the Town Clerk for the period December 1, 2008 through November 30, 2009 at $65,710.00. Second by Mrs. Brookes and unanimously carried.

Discussion and Possible Action: Set the mill rate. This item will be referred to the Board of Finance as noted above.

Presentation by the Ad Hoc Long Range Strategic Planning Committee. This item is tabled as noted above.

VOTER PARTICIPATION.  Mrs. Aurelia said thank you and noted that she went to school for two years to receive certification as a town clerk and is continuing classes to obtain the~ next level.

ANNOUNCEMENTS. Mr. Davis asked that an item be placed on the next agenda the idea of taking a look at the maintenance for municipal and school facilities. Also an item to take a look at the budget and CIP process.

UNFINISHED BUSINESS.

Transfer. There was no motion to transfer from Account 01570-2001 Contingency $30,000 to Account 01105-2013 Capital and Non-Recurring $30,000. This is to fund the buy in for the Alliance for Sensible Air Space Planning. Mr. Borst distributed “Alliance for Sensible Airspace Planning – Cost Allocation” (Attachment C to original minutes) and article “FAA flight plan foes promise ugly fight” (Attachment D to original minutes). Rudy Marconi will be invited to the next meeting. Mr. Pennarola said that at the request of some members of the Council, the appropriate FAA personnel will be invited also.

EXECUTIVE SESSION.  Upon motion made, seconded and unanimously carried, executive session was entered at 8:50 p.m. to discuss a personnel matter and Mr. Spragg, Mr. Tait  and the clerk were invited to attend. Executive session was exited at 9:00 p.m.

Mr. DiCandido moved to authorize the First Selectman with the approval of the Board of Selectmen and the Legislative Council to appoint Robert Tait as the Financial Director effective May 12, 2008. Second by Mr. Aurelia  and unanimously carried.

EXECUTIVE SESSION. Upon motion made, seconded and unanimously carried, executive session was entered at 9:04 p.m. to discuss legal matters. Executive session was exited at 9:10 p.m.

Mr. Capeci moved to authorize Cohen and Wolf to pursue and defend the Town of Newtown in three (3) tax revaluation lawsuits against: 1) Harvey Hubbell Plastics, 14 Prospect Drive , 2) Rountas Spiro, 43 South Main Street , Newtown , CT.,~and 3) Samonewt LLC, Black Rock Turnpike, Stratford, CT. Second by Mrs. Llodra and unanimously carried.
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Mrs. Llodra~ moved to authorize Cohen and Wolf to pursue and defend the Town of Newtown in a tax revaluation lawsuit against~ Newtown Senior Living, LLC (The Homesteads). Second by Mr. Capeci and unanimously carried.

ADJOURNMENT.     The meeting adjourned at 9:15 p.m.



Ann M. Mazur, Clerk