Minutes of the special meeting of the Legislative Council held on Thursday, June 5, 2008 in the Senior Center, 14 Riverside Road, Sandy Hook, 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, Financial Director Robert Tait, Schools Director of Business Ron Bienkowski, Representative Julia Wasserman, Fairfield Hills Authority chairman Bob Geckle, seven members of public, one member of press.
VOTER PARTICIPATION. Mr. Rodgers reviewed the agenda items that the public may comment on.
Representative Wasserman asked how she could address an item that is not on the agenda. Mr. Rodgers said that he would accept her report under “Communications.”
LeReine Frampton, 6 Pebble Road, approves of this location. She said there is controversy about the amount of money being spent for Fairfield Hills. She said that the bonding was approved in 2001 so estimates are seven years old. We did not finalize buying Fairfield Hills until 2004, so we could not do anything for three years. The buildings at Fairfield Hills are falling apart. Move forward. If the Town Hall and Mr. D’Amico’s building are finished people may be encouraged to move in.
Ron Bienkowski, 119 Berkshire Road, is the Schools Director of Business. He urged the Legislative Council to approve the bonding resolution that includes the Middle School steam pipe and have a town meeting in June so that we can have the contracts signed by July 11. We would like to finish by November 20 to avoid the heating season because we would have to install temporary heat after that date.
COMMUNICATIONS.
Representative Wasserman said that she wished to discuss the issue of protocol. She said that four state agencies had complained to her office about town officials going directly to them rather than going through the proper channels of the Town Commissions and the State Representatives or Senators. She said that this type of process is not appropriate unless a personal matter is involved. It is expected and necessary that town matters should go from Town agencies to her then to her counterparts.
NEW BUSINESS.
Presentation by Town Attorney David Grogins concerning legal matters. Attorney Grogins said that there is some confusion concerning Mr. D’Amico’s proposal to demolish Greenwich Hall and install permanent parking and whether this is subject to prevailing wage requirements. He said that on May 8 he spoke to Department of Labor representative Mr. Smith who suggested that the parking, demolition and asbestos removal were not subject to prevailing wage. As far as whether construction and site work would be subject to prevailing wage, Mr. Smith suggested that Attorney Grogins write to the State. Mr. Grogins drafted a letter but has not sent it because the proposal is not complete. An additional employee of the State confirmed to Mr. Grogins that prevailing was is not required for the
demolition.
Mr. Rodgers noted that Ms. Murray sent a letter to the State in which in the first sentence she identified herself as a member of the Legislative Council of the Town of Newtown. He said that this is just the type of thing that Representative Wasserman referred to. He said to Ms. Murray that she cannot communicate with a third party and identify your actions as a member of the Legislative Council. He said that this type of action is disrespectful of the process. This also resulted in unnecessary work by Attorney Grogins and also resulted in an expense to the Town in that it was paid for out of Attorney Grogins retainer.
Mr. Rodgers received a letter on May 27 from Ms. Murray and Mr. Davis addressed to the Public Building and Site Commission. However, he was not in the office on that date to receive the letter which questioned whether it was cost effective to proceed with the Town Hall on the Fairfield Hills campus. Mr. Rodgers noted that Public Building does not have the power to opine on the project.
Mr. Rodgers said that as a result of actions such as these, town officials have indicated to him that they feel that letters from all Legislative Council members are in jeopardy.
Mr. DiCandido asked Ms. Murray what was the purpose of the letter to the State. Ms. Murray replied that several constituents expressed concerns about whether or not the town should be following the state law on prevailing wages. She said that she sent a letter to Attorney Grogins and Phil Clark of Claris Construction concerning demolition and parking. She said that her constituents advised her to contact Mr. Smith who advised her to write a letter to the state to seek clarification on the ruling.
Mr. Rodgers asked her why not discuss this with the Legislative Council? Mr. DiCandido said it looked as though Ms. Murray was creating a problem deliberately. Ms. Llodra said that as a body we have a lot of authority but when we become fractured and we do not trust each other it is unhealthy. We represent all of the voters in Town. We can’t have this back room stuff. Ms. Murray asked to be given written guidelines on what is appropriate. Mr. Rodgers noted that these were made perfectly clear as noted in three sets of Legislative Council minutes and that he is shocked by these events. He said that this is like whistle blowing on the Town when there were so many other ways to handle this.
Representative Wasserman said doesn’t the Legislative Council have a set of rules to guide behavior. Mr. Rodgers said that the Legislative Council does have bylaws but that this point may not be in there because it is so fundamental. He noted that the bylaws could be modified to contain this.
COMMITTEE REPORTS.
Ordinance. Mr. Pennarola reported that the Committee met tonight and discussed a traffic calming ordinance. Discussion about this and a noise ordinance will be held at the next meeting of the Ordinance Committee to be held before the Legislative Council meeting on June 18.
FIRST SELECTMAN’S REPORT. Mr. Borst noted that the Board of Selectmen concluded that Town officials must follow protocol concerning communications with the State. He said that the Fairfield Hills Authority is finalizing a resolution concerning the parking plan for the Newtown Youth Academy that the Authority will submit to the Board of Selectmen. The Town received a $300,000 STEAP grant for landscaping at Fairfield Hills. The drainage report was accepted by the STC so that the Bureau of School Facilities signed off on EDC049. BSF notified us that all school facilities must have a radon system and Fuss & O’Neil is designing one for the proposed Town Hall. BSF also requires an updated environmental impact study which Russell Bartley will complete. O&G expects to go out to bid July 1 with
occupancy April 2009. Mr. Borst reported that Monday morning Public Building and Site Commission will meet to review the O&G bids and specs for Bridgeport Hall and they will make a recommendation to the Board of Selectmen.
Mr. Borst noted that Liz Stocker will spend more time assisting the Fairfield Hills Authority to develop commercial and marketing strategies for Fairfield Hills. He noted that all of the right infrastructure is in place to bring in the wiring to enable telecommunications.
Council members inquired about the report by Mr. Brennan – who authorized him to prepare the report and who received copies of the report? Mr. Borst said that in January he asked Mr. Brennan to prepare a report on Bridgeport Hall. He held onto it until after the budget and the High School had passed. He then distributed copies to Mr. Geckle, Mr. Rodgers, Mr. Mangiafico and Mr. Rosenthal. Mr. Lyddy asked what is the next step after this appraisal of Fairfield Hills and what did the report tell us? Mr. Hemingway asked is this an observation of what it will cost to do the building and has Mr. Borst answered Mr. Brennan’s questions? Mr. Borst said that he does not see a need to come up with answers because we will get answers when we go out to bid. Mr. DiCandido asked what is Mr. Brennan’s role and who
answers his questions? Mr. Borst said that the report is Mr. Brennan’s view. Mr. Hemingway asked to what end did he do this report? Mrs. Llodra is concerned with fairness when conclusions are drawn that are beyond someone’s scope and that some assertions in the report are upsetting and defaming. She thinks that Mr. Brennan should be subject to public scrutiny. Mr. Rodgers noted that the majority of the Board of Selectmen had previously voted to proceed with Fairfield Hills and the Master Plan.
NEW BUSINESS
Discussion of creation of a task force for oversight of Fairfield Hills and Role of the Fairfield Hills Authority. Mr. Geckle discussed the role of the Fairfield Hills Authority (FHA). He said that there are eight members appointed by the First Selectman with the approval of the Board of Selectmen. They manage the properties not designated for use of the Town of Newtown. The Town retains direct responsibility for municipal offices, not the FHA. This is in accordance with the Master Plan. The Authority does not set policy. All actions of the Authority are subject to the approval of the Board of Selectmen. The previous administration asked the FHA to be the communications vehicle for everything that is happening on the Fairfield Hills campus and we have continued to do this under the current administration. The FHA
sees the municipal office building as a key component to complete the Master Plan and to encourage people to invest in Fairfield Hills. He said that lost some leases because of a lack of commitment.
Mr. Geckle said that Planning and Zoning approved a temporary parking plan for the Newtown Youth Academy. We have the money to do this. Mr. D’Amico has proposed to demolish Greenwich and do permanent parking. The FHA has a recommendation concerning this matter that we are bringing to the Board of Selectmen. Mr. Brennan prepared a report of his findings, but we hired O&G, Tai Soo Kim and Stantec, experienced engineers.
Mr. Rodgers asked if the FHA has come back for more money in any way to any Town entity, to which Mr. Geckle replied no. Mr. Rodgers asked if that would call for the situation to change immediately if Mr. D’Amico’s proposal is accepted. Mr. Geckle said that if this is agreed to, it will not require an appropriation this fiscal year. It will come out of Fairfield Hills operating capital. Mr. Davis said that with permanent parking and Greenwich Hall coming down with current funds we do not have enough money for the Town Hall and permanent parking and would it not be more cost effective to do permanent parking? Mr. Geckle said that the Town Hall is an important element in trying to develop that property. Mr. Davis said that he suggested a task force because there are questions out there and we need to make sure
that when people come back for more money we are doing the right thing. He said that a task force should look at whether it would be better to take down the buildings and do permanent parking. He would like the Legislative Council to become more engaged now. Mr. Rodgers asked why not a task force for the Board of Education; why single out this group? He said that a Legislative Council committee would be advisory as the Legislative Council does not have the authority to do this. Mrs. Llodra feels that it would be appropriate for Mr. Davis to bring this to the Board of Selectmen. Ms. Murray said that her constituents are asking for oversight from this body of government for what is happening at Fairfield Hills. She said that the Master Plan has changed significantly since 2005 and we need to provide some financial oversight. Mrs. Llodra said that we should go to the Board of Selectmen if we are not satisfied because they have oversight. She said that we cannot continue to get stuck
on this discussion. Mr. Aurelia said that Ms. Murray should go on her own and that another committee would stall the project. Mr. DiCandido said that the authority resides with the Board of Selectmen and that a task force should come from them.
Mr. Rodgers noted that the item “Discussion and Possible Action concerning creation of a task force to provide oversight for Fairfield Hills” will be on the next agenda.
RESOLVED: That the Board of Selectmen be authorized and directed to call a Special Town Meeting to consider and take action upon the resolution entitled “Resolution Appropriating $3,150,000 For Various Public Improvements And Authorizing The Issuance Of $3,150,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose.” Mr. Pennarola moved that the Board of Selectmen be authorized and directed to call a Special Town Meeting to consider and take action upon the resolution entitled “Resolution Appropriating $3,150,000 For Various Public Improvements And Authorizing The Issuance Of $3,150,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings
For Such Purpose,” and to waive the reading of the entire resolution. Second by Mrs. Llodra.
Mrs. Murray moved to amend the motion and moved to vote separately on the individual items. Second by Mr. Aurelia. Motion to amend failed 5-7 by roll call vote. YES 5 (Aurelia, DiCandido, Davis, Murray, Amaral). NO 7 (Lyddy, Pennarola, Hemingway, Llodra, Brookes, Capeci, Rodgers).
Main motion passed 11-1 by roll call vote. YES 11 (DiCandido, Lyddy, Pennarola, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Capeci, Rodgers). NO 1 (Aurelia).
RESOLVED: To consider and act upon the resolution entitled “Resolution Appropriating $500,000 For Various Public Improvements And Authorizing The Issuance Of $500,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose,” Mr. Pennarola moved to approve the resolution entitled “Resolution Appropriating $500,000 For Various Public Improvements And Authorizing The Issuance Of $500,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose,” and to waive the reading of the entire resolution. Second by Mrs. Llodra. Motion passed 8-4 by roll call vote. YES 8 (DiCandido, Lyddy, Pennarola, Hemingway, Llodra, Brookes, Capeci,
Rodgers). NO 4 (Aurelia, Davis, Murray, Amaral).
Request by Parks and Recreation Commission for $25,000.00 from the Surcharge Account to replace the backstop at the Treadwell Park multi-purpose field. Mr. Pennarola moved to appropriate out of the Reserve for Capital and Non-Recurring Account $25,000 of Parks and Recreation Surcharge funds to replace the backstop at the Treadwell Park multi-purpose field. Second by Mr. Capeci. Mr. Marks stated that this money will replace funds in the Parks and Recreation operating budget. Mr. Tait said that he will create a separate Non-Recurring fund for Parks and Recreation. Motion unanimously carried.
Discussion and Possible Action: (Police) Account #0020116 Increase Revenue $30,000.00 and Account #001315-1008 Increase Private Duty $30,000.00. Mr. Pennarola moved to increase Account #0020116 Revenue $30,000 and to increase Account #001315-1008 Private Duty $30,000. Second by Mr. Capeci. Mr. Tait noted that this is a wash and will not affect the budget. However, he noted that the amount is now up to $70,000. Mr. Tait will recommend in the future that this item be taken out of the budget because it is a wash. The item is tabled and Mr. Tait will return with a new transfer request.
Discussion concerning budget and Capital Improvement Plan processes. This item is tabled and Mr. Rodgers will provide information on these topics for discussion.
Discussion concerning expenses for maintenance of municipal and school facilities. Mr. Amaral suggested hiring one employee to handle matters such as HVAC, plumbing and electrical. Mr. Rodgers asked Mr. Borst to research when the idea of consolidating maintenance was last investigated and what was the conclusion; he also asked Mrs. Llodra to inquire of Board of Education officials.
Discussion concerning activities of Legislative Council subcommittees. This item will be tabled.
VOTER PARTICIPATION. Mike Snyder, 8 Megans Circle, noted a report from 1992-1994 concerning a plan for reuse of Fairfield Hills which recommended a twenty-four hour presence at Fairfield Hills. He said that a Town Hall would bring life up there and would bring back leases that we lost with negativity. He said that decisions have been made and it is time to stop the bickering about a Town Hall.
Representative Wasserman asked why is long range planning under a bonding issue and not under operational? She also said that most of the information being sought is out there. She noted that there is an appropriate way of asking questions. She said that the State Legislature stopped the use of task forces this year because they are of little use. There is statutory authority for the Fairfield Hills Authority. Talk to the Board of Selectmen as a Legislative Council not as individual members. She said that she has heard from the State that they have given Newtown a pearl in Fairfield Hills and they can’t make up their minds.
ANNOUNCEMENTS. None noted.
ADJOURNMENT. The meeting adjourned at 9:50 p.m.
Ann M. Mazur, Clerk
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