Minutes of the regular meeting of the Legislative Council held on Wednesday, September 3, 2008 in the Meeting Room, C. H. Library, 25 Main Street, Newtown, CT. Chairman Will 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 (8:17), Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray (8:30). ALSO PRESENT: First Selectman Joseph Borst, Director of Land Use George Benson, Planning & Zoning Chairman Lilla Dean, Director of Public Works Fred Hurley, two members of public, two members of press.
VOTER PARTICIPATION. Barbara O’Connor, 36 Littlebrook Lane, suggests bigger and better fines for people with false alarms rather than the possibility of not responding after a certain number of false alarms.
MINUTES. Upon motion of Mr. Capeci, the minutes of August 6, 2008 were unanimously accepted as presented with Mr. Rodgers abstaining as he was not present at that meeting.
COMMUNICATIONS. Mr. Rodgers received a communication from the Board of Directors of Newtown Housing for the Elderly offering their services in the performance of the study for the Incentive House Zone grant application. Also Frank DeLucia, Director of the Board, suggested that the Board of Selectmen appoint a task force to address the issue of how to keep seniors from leaving Newtown. He suggested a Homestead exemption or a tax cap. A Circuit Breaker program has been established which provides tax relief for seniors. Mr. Rodgers will review with Mr. DeLucia what programs Newtown offers for seniors. Mr. Borst has asked Financial Director Bob Tait and Tax Collector Carol Mahoney to revise existing tax breaks for seniors or to look at other tax relief. Mr. Rodgers noted that any revisions to existing programs should
be referred to the Legislative Council Ordinance Committee.
Mr. Rodgers received a letter from Schools Superintendent Dr. Janet Robinson dated August 29, 2008 stating that the Board of Education is requesting a special appropriation of $6,045,454 as a consequence of the actual bids received for the High School expansion project. He noted that the Board of Finance received this communication with a request to include this action on its next agenda.
COMMITTEE REPORTS
Ordinance. Mr. Pennarola reported that the Ordinance Committee met this evening. He said it was the consensus of the Committee that the Alarm Ordinance and the amendment presented by Councilmen Lyddy and Davis which addressed suspension be adopted. A proposed Noise Ordinance will be referred to the DEP as we would have to meet their standards. A public hearing is planned in the next four to six weeks for a Fire Lane Ordinance.
Education. Mrs. Llodra reported that the Middle School steam pipe project is on time and on budget. Also the Board of Education explored bringing in portable classrooms to the High School. There is now one quad (four classrooms). Two more quads may be added for a total of twelve classrooms to be used while the addition is being completed. This will result in the loss of 60 parking spaces.
Ad Hoc Communications. Mrs. Llodra reported that the Committee will meet on September 10 at 7:00 p.m. at the High School and that Mr. Borst will attend. The status of the hardware and the software that is available to us and the use of Channel 17 will be discussed then.
FIRST SELECTMAN’S REPORT. Mr. Borst noted that an amended resolution for a special appropriation for the High School expansion project was sent to the Board of Finance and the Board of Education. He will confer further with Robinson and Cole to clarify the wording. If the total of $44,871,454 does not pass, we will not lose the $38,826,000 which was already approved. He said that the Registrars prefer the date of October 7 for a referendum. Mr. Rodgers feels that by seeking additional funding for this project we have almost a moral obligation to do everything that was already approved. He would like the resolution to make that promise and not allow the Board of Education to have the ability to do less. Mr. Tait will provide a budget for distribution to the Council.
Mr. Borst reported that the bids for Bridgeport Hall came in under budget so that we will be able to put a new roof on the building as well.
Iroquois Gas Transmission Systems notified Mr. Borst of vandalism on the pipe line in Sandy Hook. ATV’s were on the property and a payloader on the property was used to destroy a tree. Mr. Borst suggested that Iroquois file a report with the Police Department to be on record. Iroquois will employ a security person on site. Mr. Borst suggested that the Police Department issue a Code Red alert to residents.
Westport Resources made a presentation to the Board of Selectmen requesting permission to expend 5% of the equity portfolio to trade in select commodities.
The Board of Selectmen requested that AT&T do not install any more of the V-RAD boxes until a review is done of where the boxes are now and where AT&T plans to install more. Mr. Borst would like to see a test report on the batteries that are used.
Mr. Borst reported that a meeting was held today with Town officials and representatives from the State Department of Health and the State EPA regarding hazardous materials at Fairfield Hills. He reported that the State cannot find all of the reports that we filed with them. Mr. Hurley initiated the meeting to establish better lines of communication with the State. He said that the State lead person had left the job and that documents were not turned over to his replacement.
Mrs. Llodra asked Mr. Borst if the Town is participating with the Board of Education in the East River Energy Consortium to lock in fuel prices. Mr. Hurley responded that the Town did also join.
UNFINISHED BUSINESS. ~
Discussion concerning budget and Capital Improvement Plan processes. This item will be carried forward to when all Legislative Council members are present but Mr. Rodgers wanted to call particular attention to his report of his meeting with Mr. Tait. Mr. Rodgers and Financial Director Bob Tait met. Mr. Tait will submit the Capital Improvement Plan (CIP) to the Legislative Council by November 30 so that the Council can act on the CIP in January 2009. LOCIP funds will be included in the CIP as a goal. Contingency and Capital and Non-Recurring will be separate accounts. The budget books for the Town side of the operational budget will be distributed to the Legislative Council when the Board of Education books are distributed. The Town books were distributed later in the process in the past. Departments will
submit standardized budget forms on line. An attempt will be made to post the information on line for Town officials. A summary of capital items will be in the Selectmen’s budget. Since the Legislative Mr. Tait will provide the Legislative Council with updates from the Board of Selectmen during the process.
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 had requested that this item be carried forward to the September 18 meeting.
NEW BUSINESS
Discussion and Possible Action: Alarm Systems Ordinance. Mr. Pennarola moved that we adopt the Fire Alarm Ordinance as circulated on August 18, 2008 which includes the revisions suggested by Councilmen Lyddy and Davis. (Attachment A to original minutes) Second by Mr. Capeci. Mr. Pennarola noted that the amendment addressed the issue of suspension and non-response by giving the offender the opportunity to reform his conduct. Chief Kehoe did not have any negative response to the amendment. Motion unanimously carried.
Discussion and Possible Action: Resolved: That the Legislative Council of the Town of Newtown adopts a resolution which (1) authorizes submission of the grant application under the Housing for Economic Growth Program referenced in Section 8-13(m-x) of CGS; and (2) identifies, First Selectman Joseph Borst, as an individual authorized to sign the grant application and administer the grant. Mr. Pennarola moved that the Legislative Council of the Town of Newtown adopt a resolution which (1) authorizes submission of the grant application under the Housing for Economic Growth Program referenced in Section 8-13(m-x) of CGS; and (2) identifies, First Selectman Joseph Borst, as an individual authorized to sign the grant application and administer the grant. Second by Ms. Brookes.
Planning and Zoning Chairman Lilla Dean said that the original plan identified three properties for study but that the Board of Selectmen felt otherwise so that the plan was revised and does not include these properties. the Board of Finance endorsed applying for the grant on August 28 and the Board of Selectmen endorsed applying for the grant on September 2. Ms. Dean said that there are no strings attached and that this would create a floating zone (Attachment B to original minutes).
At this time Mr. Davis joined the meeting.
Ms. Dean said that the grant money would be for consulting fees. Mr. Benson noted that we already have affordable housing regulations and that the study is to give us an overplan for affordable housing. The Town will set the scope. Ms. Dean noted that this is a good faith effort in view of the mandate from the State for affordable housing in each municipality. Ms. Dean said that P&Z met with all the Town boards involved and that all were in favor of this. She said that we do not know if it will be legal to make the trailer parks into an overlay zone for affordable housing.
Motion unanimously carried.
Discussion and Possible Action: Year end Transfers, Year end Re-appropriations and Encumbrances. Mr. Rodgers advised that Schedule B, Year end Re-appropriations was tabled by the Board of Finance. Mr. Pennarola moved that we approve the list from the Financial Director as noted on Schedules A and C and as described in his memo of August 28, 2008, Fiscal Year End Transfers and Fiscal Year End Encumbrances. (Attachment C to original minutes). Second by Mr. Capeci.
Mr. Tait explained that the transfers are as usual for year end. Schedule B Year end Re-appropriations were in the past included in encumbrances but we are now only encumbering commitments on real purchase orders. Re-appropriations are items that were approved in the budget but not purchased during the fiscal year. Mr. Tait noted that the Departments must obtain his permission to carry these items forward and in the past they were just encumbered. The re-appropriations do not have a commitment with a vendor. Mr. Tait noted that he cancelled some purchase orders and did not carry them forward after consulting with the department heads.
At this time Ms. Murray joined the meeting.
Motion unanimously carried.
VOTER PARTICIPATION. None noted.
ANNOUNCEMENTS. Mr. Davis inquired when and how the information concerning the Fairfield Hills Authority Ordinance should be distributed to the Legislative Council members. Mr. Rodgers said that the information should be provided to the clerk and should include the justification for the request not language which the Ordinance Committee usually develops.
POSSIBLE EXECUTIVE SESSION ~(LEGAL MATTERS, LAND PURCHASES, EMPLOYEE MATTERS). Upon motion of Mr. Capeci, executive session was entered at 8:43 p.m. to discuss a legal matter and to invite the clerk to attend. Executive session was exited at 8:47 p.m.
Mr. Pennarola moved to authorize the Town of Newtown to institute legal action against John Farrell relating to conditions at 5 Tower Road. Second by Mr. Capeci and unanimously carried.
ADJOURNMENT. Having no further business, the meeting adjourned at 9:49 p.m.
Ann M. Mazur, Clerk
| 
