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07/02/08
Minutes of the regular meeting of the Legislative Council held on Wednesday, July 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, Jan Brookes, Jeffrey Capeci, Gary Davis, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray. ABSENT: John Aurelia.  ALSO PRESENT:  First Selectman Joseph Borst, School Superintendent Dr. Janet Robinson, four members of public, one member of press.

VOTER PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, compared figures for Fairfield Hills costs from O&G and Doug Brennan, a civil engineer. She noted that Mr. Brennan’s figures totaled $3.6 million more than O&G’s.  She asked that the Legislative Council look at the Capital Improvement Plan critically at the next review. She said that the lease with Hawley Partners calls for $600,000 in two installments due July 1 to the Town but that Hawley has asked for an extension. She said that Stearns and Wills was hired by the Water and Sewer Authority to report on the water and sewer requirements at Fairfield Hills. She said that they concluded that there is groundwater leaking into the line going into Bridgeport Hall and that those sewer lines should not be used in their current condition. We should look at avoiding entering into assumptions that we do not have the money for.

MINUTES. The minutes of the regular meeting of June 18, 2008 will be amended on page two to note that both the Town and the Board of Education participated in discussions concerning one maintenance agency. Upon motion of Mr. Capeci, the minutes of the regular meeting of June 18, 2008 were unanimously accepted as amended.

COMMUNICATIONS.

Mr. Rodgers reminded that the Fairfield Hills Authority had indicated before going into the amendment to Mr. D’Amico’s lease agreement that they had funds to pay for temporary parking that was proposed and that the approval was only for temporary parking.

Mr. Rodgers noted that O&G was asked twice if the roof on Bridgeport Hall needed to be replaced and that they had responded twice that it did not. Thus the roof replacement is a bid alternative. He also noted that the infrastructure loop cost of $2.5 million in Mr. Brennan’s report is not only for delivery to Bridgeport Hall as he noted but is the cost of the loop serving the entire campus.

Mrs. Llodra reported that four qualified bids were received for the Middle School steam pipe replacement and all are within budget. She said that there is much interest in the High School bids which will be opened on July 22. Mr. Borst noted that the Purchasing Authority was not aware that the steam pipe bids had been opened.

COMMITTEE REPORTS

Ordinance met tonight to discuss ordinances for traffic calming, fire lanes, noise and alarms. The Alarm Systems Ordinance and Traffic Calming Ordinance will go to public hearing on August 6 prior to the Legislative Council meeting that night.

Charter Communications dropped its plan to include Newtown in an information gathering program. Mr. Lyddy is applauded for his efforts.

FIRST SELECTMAN’S REPORT.

Mr. Borst reported that the Board of Selectmen approved an addendum to the Newtown Youth Academy lease on June 27 and that we are working with Newtown Savings Bank for a reduction on the loan interest rate.

Mr. Borst reported that he, Public Works Director Fred Hurley and Director of Community Development Liz Stocker met with the  State Department of Economic Development ( (DECD) who indicated that the Tech Park set up is problematic as far as getting support from the State because the State is pushing for agricultural land. He said that the  DECD suggests moving the $300,000 grant money available for the Tech Park to Fairfield Hills.

Mr. Borst distributed a report from Representative Wasserman “Summary: 2008 Acts Affecting Municipalities” (Attachment A to original minutes).

Mr. Borst said that it is the opinion of Town Attorney David Grogins that a public hearing is not required for changes to leases.

Mr. Amaral said that he has received calls from constituents asking why street sweeping is being done at night and he questions the costs. Mr. Borst said that the Town is now doing the sweeping rather than contracting it out. Mr. Tait will prepare a report on costs to the Town  compared to contracting the work out.

Mr. Davis questioned the statement in a letter about the Fairfield Hills parking that where a private developer is doing the demolition parking is not for public use. Mr. Borst said that this is not correct and that Fairfield Hills parking is all shared parking.

Mr. Borst will check on the status of submission to the Building Department of the plans for the Town Hall project.

UNFINISHED BUSINESS.

Discussion concerning budget and Capital Improvement Plan processes. The CIP regulation in the code book is outdated. This item will be tabled until the correct regulation is obtained.

Discussion concerning expenses for maintenance of municipal and school facilities. Mr. Borst distributed information from Town Attorney David Grogins stating  the opinion that it is a violation of State law for the Town and the Board of Education to have one employee in charge of maintenance (Attachment B to original minutes). Mrs. Llodra noted that some municipalities in Connecticut have a shared responsibility for maintenance and custodial responsibilities by agreement. Dr. Robinson said that the Board of Education would be happy to cooperate in a study but that if they are to be the lead it would not be a top priority. After discussion, it was decided that Mr. Borst will identify a Town salaried person to be the lead and that Mr. Amaral  will be the Legislative Council representative. Economies of scale will be the main focus.

Mr. Tait will prepare a zero based budget for maintenance. Mrs. Llodra noted that this would not acknowledge non-payment of services, such as the Town plowing of parking lots. Mr. Tait said that he will be looking at everything in maintenance.

This item will be carried forward.

NEW BUSINESS.

Possible presentation by Lyme Disease Task Force. This will be tabled.

Discussion concerning the Fairfield Hills Authority Ordinance.

Ms. Murray is not sure that we are being responsive to the citizens with the manner in which this Ordinance is structured. She requested that the Legislative Council Ordinance Committee review this Ordinance. She will submit her requested changes in writing.

Discussion concerning possible creation of a Legislative Council Health and Human Services Subcommittee.

Mr. Lyddy feels that some of the members of the Legislative Council subcommittees were not well informed about the organizations that the Town funds. Mr. Rodgers inquired as to whether a properly charged Administration Committee could take care of this. As Chairman of the Administration Committee, Mr. Capeci said that perhaps we could begin working with these organizations earlier and in more detail than we did this year. Mr. Davis suggested an ad hoc committee to report to the Administration Committee. Ms. Brookes suggested starting the process earlier and she said that the Administration Committee’s charge may be larger than that of the other Committees. Mrs. Llodra feels that these groups should work with a Town agency. Mr. Hemingway feels that an ad hoc committee could get a better understanding of what these groups do. Mr. Rodgers noted that the Health District should have liaison with these groups. Ms. Murray asked if Mr. Rodgers is going to create guidelines for the subcommittees. Mr. Rodgers does plan to do this and noted that this is more appropriate to discuss under budget and CIP processes. Mr. Borst noted that much of this work is being done by volunteers not by Town employees.

Mr. Lyddy said that the purpose of such a committee would be to have more direct communication with the services that we are funding and to be more informed about issues in Town. He suggested either an ad hoc or a standing committee to address things not currently being addressed and provide checks and balances. Mr. Davis suggested that a small group do outreach for the Legislative Council and report back to the Council. Mr. Rodgers said that this sounds like we are going out of our charge if it concerns groups that we are not funding. He said that all of the committees should reach out to the groups under their purview. He suggested increasing the committees’ charge and meeting in advance of the budget process with those entities that the committees will be reviewing.

Mr. Tait suggested that when the Departments submit their budget requests, they be asked to include a page with information about the programs that they fund. Mr. Rodgers suggested starting with these documents before automatically meeting with these groups. He said that members of the Legislative Council can meet with these groups as individuals at any time but not as representing the Legislative Council. Mr. Tait will provide examples of these documents.

Mr. Rodgers asked Mr. Tait that the Legislative Council receive budget books at the same time that the Board of Selectmen receive theirs, not after the Board of Selectmen have finalized their budgets. He and Mr. Tait will work on providing standardized budget information including information about the agencies that the Town funds to see if this works before committing to separate meetings with the other agencies.

VOTER PARTICIPATION.  

Ruby Johnson, 16 Chestnut Hill Road, said that Mr. Lyddy is showing sensitivity that has been lacking. She said that the Fairfield Hills Authority is out of money but they are going ahead with the Town Hall and they should have thought of the parking situation a year ago. They should have used their money instead of using it for Bridgeport Hall. They should have demolished Greenwich Hall and done permanent parking and then should have come back and asked the Town to appropriate money for the Town Hall.

Sarah Beier, 7 Yogananda Street, asked when the Town Hall plans were given to Mr. Mulholland to deliver to the Building Department. She said we will bring this up at the Board of Selectmen’s meeting on Monday. She is angry about personal agendas of elected officials.

ANNOUNCEMENTS.

Mr. Rodgers asked Mr. Borst if there was a concern that the Legislative Council had not directed and authorized the Board of Selectmen to call a special town meeting for the $1 million appropriation for the Community Center building. Mr. Borst said that there was not a concern.

EXECUTIVE SESSION.  None noted.

ADJOURNMENT.     The meeting adjourned at 9:20 p.m.



Ann M. Mazur, Clerk