Minutes of the regular meeting of the Legislative Council held on Wednesday, May 21, 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 Robert Tait, Land Use Director George Benson, Weston First Selectman Woody Bliss, Iroquois Gas Transmission System representatives Ruth Parkins and Tim Barns, two members of public, two members of press.
Mr. Rodgers reviewed the agenda items and noted that the Ad Hoc Long Range Strategic Planning Committee will make a presentation at a future meeting.
VOTER PARTICIPATION. None noted.
NEW BUSINESS
Lawsuit against the Federal Aviation Administration for their redesign of commercial airspace over Fairfield County to the New York airports. Weston First Selectman Woody Bliss is also Vice-Chairman of the Alliance for Sensible Air Space Planning. He said that the FAA has decided to change air traffic routes. The LaGuardia route would converge over this area including over Newtown. There will be a total of 150-600 flights per day over this area. The altitudes will be significantly lower than they are today and the number of planes will increase. Vertical separations between planes may also change. There are now eight towns in Connecticut and twelve in New York working on this. He said that this is a quality of life issue. Military air space along the coast was opened up during Thanksgiving and Christmas to
allow more flight space. Mr. Bliss said that the Alliance would like the FAA to look at options such as keeping this air space open, increasing landing fees, adding more terminals and gates and upgrading their technology.~ This could be a 10-20 year project. The alliance has raised $1 million. There are twelve county law suits against the FAA to stop this re-design. He noted that this was passed by the Newtown Board of Selectmen.
Mr. DiCandido asked if it is known if there will be a negative impact and if so, what the impact will be on Newtown. Is it safety? Mr. Bliss feels that this is a safety and quality of life issue. He said that people are already noticing more noise. He said that most towns in central Fairfield and in Westchester Counties will be affected. He said that holding patterns will put us all on equal par. Mr. Bliss said that the FAA is not looking at future increases in air traffic volume in this decision.
Mr. Bliss said that the Alliance must file its brief by July 31. The GAO study will be released to Congress on July 31 and to the public on August 31. The FAA has 90 days to respond to the GAO report and the Alliance has 30 days to respond to the FAA. The total cost to Newtown would be $72,727, with $30,000 due now. This does not include the cost of an appeal if there is one. The cost for the lawsuit is 50% based on population and 50% based on equal share. Costs involved are legal, lobbying (company is Timmons) and grass roots. Newtown would not be obligated to be a partner in a appeal. Mr. Bliss said that the FAA plans this re-design plan for other areas of the country if this works. Mr. Bliss said that the State of Connecticut is putting up a lawsuit based on environmental issues, not based on quality of life and other
issues. The Alliance has not received any money from the State. Mr. Bliss feels that the only positive result from this re-design would be a 3% decrease in delays at airports. He feels that this would have a definite negative effect on the quality of life. There would be a trickle down effect on the altitude of all planes.
Mr. Rodgers noted that there is a free rider issue if Newtown joins and other towns do not join. He also noted that an appeal would be fact based, such as a land use appeal would be and he asked Mr. Bliss if there is a history of such appeals. Mr. Bliss said that this lawsuit would be unprecedented so that there is no history. Mr. Rodgers asked if we would have a vote on a decision to appeal; Mr. Bliss said that the broader committee of the Alliance comprised of all elected officials would vote and thus Mr. Borst would have a vote.
UNFINISHED BUSINESS.
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 Mrs. Llodra. This is to fund the buy in for the Alliance for Sensible Air Space Planning. Motion failed 4-7 by roll call vote.
YES 4 (Pennarola, Llodra, Brookes, Rodgers). NO 7 (Aurelia, DiCandido, Lyddy, Davis, Murray, Amaral, Capeci).
NEW BUSINESS.
Acceptance of the donation by Iroquois Gas Transmission System to the Town of Newtown of a conservation easement on Kale Davis Road, Sandy Hook, CT. (Attachments A,B,C to original minutes). Ruth Parkins, Public Affairs Manager for Iroquois Gas Transmission System said that Iroquois is proposing a 1.6 mile pipeline loop, .27 miles of which is on Town of Newtown open space. Hattertown Road property, which is not a part of this proposal, will be used as payment in lieu of cash. The Conservation Commission requested a pedestrian easement off Kale Davis Road. Metes and bounds for both easements will be twenty feet wide. The easement will be along the driveway of an existing house on Kale Davis Road. Land Use Director George Benson said that the Land Use Commissions and staff had reviewed and agreed to the
easements proposed. He noted that there is a four acre parcel by Hattertown Pond that the Town would like to acquire in the future for pond preservation. Ms. Parkins said that the Army Corp of Engineers and the DEP wants all of the wetlands preserved and this will be done by deeding the parcel to the Town of Newtown. The easement will be over fourteen acres.
Mr. Pennarola moved that the Town of Newtown accept a twenty foot easement for a walking path pursuant to the easement agreement that was provided tonight and including the exhibit “Property Survey Prepared for Iroquois Gas Transmission System, L.P., Kale Davis Road, Town of Newtown, Fairfield County, CT” dated May 19, 2008 prepared by Paul A. Hiro, P.C.. Second by Mrs. Murray and unanimously carried.
Mr. Pennarola moved that the Town of Newtown accept from Iroquois Gas Transmission system, L.P. a conservation easement which contains 18.37 acres except Parcels A, B and C as noted on a certain map entitled “IGTS Conservation Easement” dated May 7, 2007 and the easement to which it is attached. Second by Mrs. Llodra and unanimously carried.
UNFINISHED BUSINESS.
Set the mill rate. Mr. Tait distributed “Town of Newtown Budget Summary Fiscal Year 2008/2009 with Prior Year Comparison (Attachment D to original minutes). He noted that there would be a change in the mill rate concerning the conveyance tax from .15% to .11% (1/10 of a mill) only if the enhanced conveyance tax does not go through; he believes that the tax should be extended at a special session of the Legislature in June. Mr. Pennarola moved to set the mill rate at 23.2 mills on the Grand List of October 1, 2007 in order to meet the amount to be raised by taxation as set forth in the adopted budget for 2008-2009. Second by Mr. DiCandido and unanimously carried.
Possible presentation by the Ad Hoc Long Range Strategic Planning Committee. Tabled as noted above.
Request from the Borough of Newtown re an Eminent Domain Ordinance. Mr. Borst noted that the Board of Selectmen referred this proposal to the Town Attorney for review. Mr. Rodgers referred this to the Ordinance Committee with the understanding that no action will be taken until the Town Attorney weighs in pursuant to the First Selectman.
COMMUNICATIONS. Mr. Hemingway will be asked to appoint a member of the Public Safety Committee to serve on the Airspace Planning Committee.
Resident Lisa Floros wrote concerning the proposed Traffic Calming Ordinance. Mr. Pennarola reported that the Ordinance Committee met with Police Chief Kehoe concerning this and other ordinances. The Ordinance Committee will continue to discuss this and will invite the Public Works Director and Mrs. Floros to attend a meeting and will look to move this forward.
The next regular meeting of the Legislative Council scheduled for Wednesday, June 4, 2008 will be cancelled and a special meeting will be held on Thursday, June 5, 2008 at a place to be determined.
COMMITTEE REPORTS. None noted.
Mr. Rodgers declared a recess at 9:07 p.m. The meeting reconvened at 9:10 p.m.
FIRST SELECTMAN’S REPORT. Mr. Borst noted that the Clerk of the Works job description will be revised. Mr. Borst reported that the Town will look into the matter that the Town did not advise the DEP that it had joined the Lake Zoar Authority. Mr. Borst noted that the proposed Eminent Domain Ordinance submitted by the Borough was referred to the Town Attorney. The Clean Energy Task Force presented a report to the Board of Selectmen; the Town is eligible to receive solar panels if a certain number of residents participate with its provider.
Mr. Borst reported on the status of the infrastructure loop at Fairfield Hills as approved by the Board of Selectmen as noted in Town Attorney David Grogin’s memo to the Chairman of the Fairfield Hills Authority(Attachment E to original minutes). RFP’s will be obtained for: temporary propane tanks for NYA, Newtown, Hall, Bridgeport Hall; for excavation for underground gas line; for sealing off tunnels for utilities; for authorization for temporary propane; for temporary electric poles; for demolition and design for the Parks & Recreation Building. Also approved exploring further need for encasing electric lines underground in concrete and method to get power to Newtown Hall. Also approved using poles for electricity, for Public Works to spend up to $200,000 for Newtown Hall parking lot; approved complete
Newtown Hall parking lot using Town personnel. Also concerning parking at Newtown Youth Academy, Peter D’Amico has offered to demolish Greenwich and Litchfield Halls and do permanent parking vs. the Town using temporary parking using grants. Mr. Borst said that Mr. D’Amico’s offer was not accepted at this time but that it was not refused. Mr. Pennarola said that discussions with Mr. D’Amico are active and ongoing. Mr. D’Amico’s proposal is for $6 million, $3.5 million is cost and $3 million is financing. Fairfield Hills Authority member Don Studley was authorized by the Board of Selectmen to complete a funds available analysis.
Mr. Borst reported that he entered into a program with CL&P to provide a study in efficiency in lighting at Bridgeport Hall. If the Town goes along with the provisos of the study, it will receive $63,427 from CL&P. Mr. Borst said that this would save the town 1,837,780 kilowatt hours.
Mr. Davis said that there is $10.69 million left in the bond issue and hopes that the Fairfield Hills Authority is looking into using this money so that Mr. D’Amico can go forward. Mr. Rodgers said it is his understanding that the issue is not whether Fairfield Hills Authority will redirect the money to permanent parking but rather that there is a sensitivity to pay as you go and that the Authority is concerned that there is not enough money to pay for parking and gas delivery for the Newtown Youth Academy. Also he believes that the Authority will try to get more money in the expected energy stream.
Mrs. Murray is looking for a list of the items that Attorney Grogins approved from Mr. Borst. Also where will money for temporary parking come from? Mr. Borst said that any work done by Public Works will be billed by them to Fairfield Hills Authority. Mr. Rodgers said he does not believe that the Fairfield Hills Authority is anticipating a bill from Public Works. Mr. Rodgers suggested to Mrs. Murray that Mr. Geckle would be a better contact for this information.
Mr. Rodgers asked Mr. Borst if the Board of Selectmen authorized the agreement with CL&P or did he act on his own. Mr. Borst said that he acted on his own to save the Town money.
MINUTES. Mr. Rodgers said that the minutes are a summary not a transcript. Also he has a legal concern that if the minutes are to be verbatim and some information is missing it could present a problem. He noted that when an agency imposes conditions upon itself others can come to rely on them in the future. He said that the burden is on the public to participate as the agendas list items to be discussed and the minutes are a summary of the proceedings. He would like for the minutes to remain a summary.
Minutes of March 5, 2008. The vote on open space was previously corrected.
Mrs. Murray withdrew all of her proposed changes to the minutes.
Mr. Pennarola moved to accept the minutes of the regular meeting of March 5, 2008 as amended. Second by Mrs. Lllodra and unanimously carried.
The minutes of the regular meeting of March 19, 2008 will be amended to note on page 7 Mr. Lyddy not Mr. Rodgers; on page 8 note that Mr. Rodgers asked Mr. Pennarola if the motion concerning the $1 million appropriation for the Parks and Recreation/Senior Center included “to authorize and direct the Board of Selectmen to call a town meeting”, to which Mr. Pennarola said that it had. Mr. Pennarola moved to accept the minutes of the regular meeting of March 19, 2008 as presented. Second by Ms. Brookes. Mr. Rodgers moved to amend to note Mrs. Murray’s position on the minutes by adding “with town department heads, and the public. Ms. Brookes asked why it was important for Ms. Murray that the format of the meeting minutes be changed. Ms. Murray responded that she believes that it is
important in the spirit of transparency for the public to be able to read why and how LC members make decisions on issues. The minutes of other boards are inconsistent with our new way of documenting our minutes. Discussions of four and a half hour meetings are not reflected in the minutes and the minutes are very subjective.” Minutes unanimously accepted as amended.
Mr. Pennarola moved to accept the minutes of the March 26, 2008 public hearing as presented, second by Mr. Aurelia and unanimously carried.
Mr. Capeci noted that he was not at the public hearing on April 2, 2008. Mr. Pennarola moved to accept the minutes of the meeting of April 2, 2008 as amended. Second by Mrs. Llodra and unanimously passed.
Minutes of the regular meeting of May 7, 2008 will be amended to note that Mr. Amaral left prior to executive session and that Mr. DiCandido abstained from the vote on the Homesteads. Mr. Capeci moved to accept the minutes of May 7, 2008 as amended, second by Mrs. Llodra and unanimously carried.
VOTER PARTICIPATION. None noted.
ANNOUNCEMENTS.
Mr. Davis requested that the following three items be placed on an agenda for discussion: 1) Appoint a task force to keep tabs on what is happening at Fairfield Hills and work more closely with the Board of Selectmen and Fairfield Hills Authority; 2) Budget process – how can people have more input. Mr. Rodgers suggested reviewing the Legislative Council budget process first and then the entire budget process, to which Mr. Davis agreed. 3) How do the Legislative Council subcommittees take on other activities and what should they be?
Mr. Amaral requested that the item of hiring a Town maintenance superintendent to take over the town and school buildings be added to an agenda.
Mr. Rodgers will not be present for the June 5 meeting.
EXECUTIVE SESSION. Mr. Capeci moved to enter executive session at 10:03 p.m. to discuss legal matters, second by Mr. DiCandido and unanimously carried. Mr. Amaral recused himself and left the meeting. Executive session was exited at 10:07 p.m.
Mr. Pennarola moved to authorize the Town of Newtown to take actions to defend itself in the matters of the following tax appeals: (A) Joseph Lempel and Clare Lempel, 15 Old Green Road,(B) SPX Corporation – 31 Pecks Lane, (C) Daniel J. Amaral, 3 and 16 Borough Lane, (D) Carol A. Amaral – 14 Country Club Road, and (E) Pinecrest Estates – Alberts Hill Road. Second by Mrs. Llodra and unanimously carried.
ADJOURNMENT. The meeting adjourned at 10:10 p.m.
Ann M. Mazur, Clerk
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