Minutes of the regular meeting of the Legislative Council held on Wednesday, August 6, 2008 in the Senior Center, 14 Riverside Road, Sandy Hook, 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, Deputy Director of Land Use Rob Sibley, Chief of Police Michael Kehoe, Director of Public Works Fred Hurley, Town Attorney David Grogins, seven members of public, one member of press.
VOTER PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, said that promises were made as to how the $21 million bond issue was to be spent but that the Selectmen decided to spend the money as they wished though the voters turned down the Master Plan. Does the Board of Selectmen or the First Selectman have the right to spend the money without asking the public? There are no checks and balances and no fiscal accountability.
Paul Gehrett, 34 Poverty Hollow Road, suggested placing a stop sign at Flat Swamp and Poverty Hollow Roads to control speeding.
MINUTES. The minutes of July 2, 2008 will be amended to delete “ it is a violation of State law for the Town and the Board of Education to have one employee in charge of maintenance”. Mrs. Llodra noted that the Town cannot tell the Board of Education how to maintain but that this is not a violation of state law. Mr. Borst noted that if the Town and the Board of Education have an agreement, that is not against state law. Upon motion of Mrs. Murray, the minutes of July 2, 2008 were unanimously accepted as amended.
COMMUNICATIONS. Mrs. Murray received an inquiry from a constituent who received a notice of a zoning violation asking which Town department he should contact; she was advised that he should contact the Zoning Enforcement Officer in the Land Use Department.
Mr. Pennarola received communications from Mr. Walczak concerning the proposed Traffic Calming Ordinance.
COMMITTEE REPORTS
Education. Mrs. Llodra reported that the review of the High School bids by Morganti should be completed in two weeks.
Communications. Mrs. Llodra reported that the Committee is working to advance an initiative to use Channel 17 and the internet to allow the public who do not attend meetings to have audio and visual access to information from those meetings. The Committee held a meeting today with First Selectman Borst, GIS Coordinator Scott Sharlow and two Board of Education representatives to develop two sites for public broadcast, Newtown High School and the new Town Hall. She asked will the new Town Hall have the necessary infrastructure and noted that no viable discussions have been held yet concerning this. Mr. Borst said that he told O&G what the requirements are and that O&G will meet with Tai Soo Kim to let them know what the audio and visual requirements are. Mr. Borst noted that the ADA advised that
the Town must meet the ADA law for audio and visual requirements. Mrs. Llodra noted that it is not the intent of the Committee to delay the project. They are prepared to take action if necessary but not to be a part of delaying the project.
Mr. Borst noted that Morganti reported that the High School bids came in $3.9 million over bid and asked Mrs. Llodra if that is true. Mrs. Llodra responded that this is premature until an analysis is completed as there were several bids for the various trades. She said that for example, one bid came in over budget but another came in under budget.
FIRST SELECTMAN’S REPORT. Mr. Borst distributed a communication from the Public Works Department “Why And How We Sweep The Streets!” (Attachment A to original minutes). Mr. Borst noted that the Town received a $200,000 grant from the EPA for cleanup of asbestos and lead at Fairfield Hills. He said that this could trigger our getting additional funds.
Mr. Borst noted that the Board of Selectmen tabled acting on the resolution for the High School project until a final figure is received from Morganti. The resolution for $1 million for the Community/Senior Center was tabled but will be on the next agenda. Mr. Borst said that an estimate was received from Peter D’Amico of $825,000 to demolish Litchfield Hall and that we are going out to bid for this. He said that per the resolution we can use more than $400,000 for demolition. Mr. Borst said that the Board of Selectmen will make the decision as to what the $200,000 grant will be used for and that the Fairfield Hills Authority will make a recommendation to the Board of Selectmen as to what buildings will be involved. Mr. Aurelia asked why Mr. D’Amico was asked to submit an estimate for demolition as he is
not a demolition contractor; Mr. Borst said that Claris Construction submitted the bid. Mr. Aurelia asked if we have contingency plans if the Litchfield Hall demolition bids come in high, to which Mr. Borst replied no. Mr. DiCandido noted that there is a cost to the Town as long as Litchfield Hall remains standing. Mr. Davis asked Mr. Borst what is the status of the Strategic Long Range Committee; Mr. Borst said that no further action is planned by the Board of Selectmen. Mr. Davis asked when the Board of Selectmen will act on Planimetrics report; Mr. Borst said that he will ask the Board of Selectmen. Mrs. Llodra is a member of the Build Out Committee and understands that the Build Out Committee’s final report is on the Board of Selectmen’s August 18 agenda to which Mr. Borst agreed.
UNFINISHED BUSINESS. ~
Discussion concerning budget and Capital Improvement Plan processes. Mr. Rodgers and Financial Director Bob Tait will plan to meet concerning the budget process prior to the next Legislative Council meeting. This item will be tabled. Mr. Davis asked that the next agenda include the item “Discussion concerning creating a timeline and a schedule concerning the budget and Capital Improvement Plan.”
Discussion concerning expenses for maintenance of municipal and school facilities. Mr. Amaral had no report. This item will be carried forward.
Discussion concerning the Fairfield Hills Authority Ordinance. Mrs. Murray distributed “Recommendation for the Legislative Council Ordinance Subcommittee to Review the Fairfield Hills Authority Ordinance” (Attachment B to original minutes). Mrs. Llodra asked to see in writing Mrs. Murray’s proposals for each item in the Ordinance that she would like to have the Ordinance Committee reconsider. Mr. Pennarola and others agreed. Mrs. Murray agreed to rewrite her request to include her recommendations and to email her revised report to the Legislative Council members. This item will be carried forward.
NEW BUSINESS
Discussion and Possible Action: Alarm Systems Ordinance. Mr. Aurelia moved to accept the revised Alarm Systems Ordinance. Second by Mrs. Llodra for discussion. Chief Kehoe noted that the ordinance says “may” not respond to a repeat offender. He noted that several avenues are pursued before suspension would be considered, such as letters, meetings, visits by officers, fines and education. He noted that responding to repeat false alarms can use thousands of hours of manpower each year and he feels that the threat that the Department may not respond may be sufficient for these repeat offenders. Mr. Lyddy would not want to be in a situation where an officer would not respond in the event that for that one time there was a real need. Mrs. Brookes feels that it is fair to
suspend responding if the person is not paying the fine and has been warned.
Mr. Lyddy moved to strike Section 203-10 in its entirety. Second by Mrs. Llodra for discussion. Suggestions were made to pursue different sanctions, to suspend commercial only (not residential), to place a lien on the home or business of the offender, and to revoke the offender’s alarm registration. Chief Kehoe noted that some offenders are not registered. He noted that suspending response refers to ten or more offenses. He said that infractions and citations can be issued but that these can be ignored. Mr. Pennarola is not aware of any state statute that would allow a lien to be placed because of an alarm infraction. Chief Kehoe said that another consideration could be to place this at the Police Commission level and have the offender attend a meeting of the Police Commission. Attorney
Grogins suggested considering a pre-suspension hearing process. He said that a lien could possibly be placed through a court judgment. Mr. Lyddy withdrew his motion and Mrs. Llodra withdrew her second.
Mr. Davis moved that prior to any possible suspension a hearing would be held before the Police Commission to determine if the lack of response is sufficient and if the offense is so chronic that response should be suspended. Mr. Pennarola noted that such a motion does not address a procedure for hearings and times. He suggested that he, Mr. Davis and Mr. Lyddy work out an appropriate amendment to the ordinance. Mr. Hemingway moved to continue the matter to the next meeting. Second by Mr. Davis and unanimously carried.
Discussion and Possible Action: Traffic Calming Ordinance 295-27. Mrs. Llodra moved to accept Traffic Calming Ordinance 295-27 as proposed. Second by Mrs. Brookes for discussion. Chief Kehoe feels that Mr. Gaston’s amendment that was introduced in the public hearing concerning the issue of diversion of traffic to other areas would be addressed by the guidelines that will be established by the Police Commission. Mr. Davis moved to amend the motion and to add a new Section “F” as follows: If the Police Commission determines that traffic calming measure has diverted traffic onto other surrounding roadways it shall re-evaluate the efficacy of the traffic calming measure with the diversionary results and consider maintenance of said measure,
removal of said measure, and/or other alternative measures less likely to divert motor vehicle traffic. Second by Mrs. Murray. Motion failed 4-6 by roll call vote. YES 4 (Davis, Murray, Brookes, Pennarola). NO 6 (Aurelia, Lyddy, Hemingway, Llodra, Amaral, Capeci). Mr. DiCandido abstained.
Mr. Davis felt that the Police Commission could report back to the Legislative Council in six months rather than one year concerning implementation of the ordinance. Chief Kehoe has no problem with a six months’ review. He noted that he would need expert guidance from a certified traffic engineer. He said that perhaps HVCEO could assist also. Mr. Davis moved to amend the main motion to add that within six months of the effective date of the ordinance that the implementing authority provide a report and every six months after that until the guidelines are in place. Second by Mrs. Murray and unanimously carried.
Main motion as amended passed 10-1 by roll call vote YES 10 (Aurelia, Lyddy, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Capeci, Pennarola). NO 1 (DiCandido).
VOTER PARTICIPATION. Ruby Johnson, 16 Chestnut Hill Road, said that the Charter requires the public to approve the lease or sale of land. She said that in 2007 a law was passed that a public hearing is needed for leases. She noted that Hawley received an extension to pay their up front money. She said there is mercury present in Woodbury Hall. Look at the history of what has happened and re-arrange the language.
ANNOUNCEMENTS. None noted.
Mr. Pennarola declared a five minute recess at 9:55 p.m. The meeting reconvened at 10:00 p.m.
POSSIBLE EXECUTIVE SESSION ~(LEGAL MATTERS, LAND PURCHASES, EMPLOYEE MATTERS). Upon motion made, seconded and unanimously carried, executive session was entered at 10:00 p.m. to discuss legal matters and to invite Attorney Grogins, Mr. Sibley and the clerk to attend. Executive session was exited at 10:32 p.m.
Mr. Capeci moved to authorize the Zoning Enforcement Officer to take legal action against Karl Philippi, 42 Swamp Road for zoning violations which he refuses to clean up. Second by Mrs. Llodra and unanimously carried.
Mr. Capeci moved to authorize the Zoning Enforcement Officer and the Health District to bring action against John and Maria Gureckis, 30 Tomahawk Trail for zoning and health violations. Second by Mr. Lyddy and unanimously carried.
NEW BUSINESS
Discussion and Possible Action: Possible transfer from Open Space Funds for legal purposes. Mrs. Llodra moved to authorize the Town of Newtown and its Counsel to settle the lawsuit and the eminent domain matter involving the Matthews and Tallman families by paying $50,000 to the Matthews family and $314,000 to Jude Tallman and that the additional funding required to implement the settlement be allocated from the Open Space Funds. Second by Mr. Aurelia and unanimously carried.
ADJOURNMENT. Having no further business, the meeting adjourned at 10:35 p.m.
Ann M. Mazur, Clerk
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