Minutes of the regular meeting of the Legislative Council held on Wednesday, September 17, 2008 in the Middle School Auditorium, Queen 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, Schools Superintendent Dr. Janet Robinson, Assistant Superintendent Linda Gejda, Director of Business Ron Bienkowski, Schools Director of Grounds and Maintenance Gino Faiello Board of Education Chairman Elaine McClure and members Kathy Fetchick and Lillian Bittman, Fletcher-Thompson representatives Joseph Costa and Matt Holst, Morganti representatives Ed Barrett and Arthur Lindley, approximately seventy-five members of public, two members of press.
VOTER PARTICIPATION.
Stacie Doyle, 16 Clapboard Ridge Road, asked that the Legislative Council authorize and direct the Board of Selectmen for the additional funds for the High School addition. Approval in April of the project warrants sending this back to the voters.
Heidi Brisson, 5 Hemlock Road, feels that the voters should decide on the $6 million additional fund request.
Lisa Shanbelan, 16 Cemetery Road, is speaking on behalf of the Head o’Meadow PTA members who want the $6 million appropriation to go to referendum.
Daniel Cormanik, 85 Great Ring Road, is speaking for the 66% who did not vote and for those who voted no. The project should be done incrementally. We are almost bankrupt.
Robert Melchionno, 4 Charter Ridge Drive, is not in favor of the additional $6 million. He doesn’t know how the Town can approve spending the money. The project should be bid out again. Spend the money for other capital projects.
Paul Lundquist, 48 Currituck Road, said we cannot separate out the project and the costs. Give the voters another pass at this.
Ruby Johnson, 16 Chestnut Hill Road, asked what are our priorities? Portables or a High School ready in 2009? Put it to a referendum.
Bob Merola, 22 Ashford Lane, distributed “NHS Enrollment Analysis (as of Sept 2008 – RAM)” (Attachment A to original minutes). He is distressed with the bid results. Redesign and rescope the High School. NEASC requirements did not include athletics. Gym and track are superfluous. He also distributed “SY 08-09 through SY 16-17” (Attachment B to original minutes). We are overbuilding at this point.
Desiree Gallassie, 151 Huntingtown Road, asked what will this cost not to move forward? She read a statement from the IPN who thanks the Boards for working over the last four years on this project and they thank the taxpayers. This is about how we want to deal with this project and the voters have the right to decide the project and have the opportunity to speak.
Mark DeWolf, 1 Misty Vale Road, said we should teach our children fiscal responsibility.
Pat Barczak, 21 Grand Place, discussed the price of some items in the High School project. Steel and oil have dropped. Also how does this project affect our CIP? The Community Center is not in the CIP, only the design of a building. Is there an adjustment to the CIP for this $6 million request; if not, he will not vote for it.
Mary Ann Jacob, 65 Mohawk Trail, feels this is the right project for the Town. We do not support this expense at any cost. Costs are not improved by rebidding. She said that the Board of Ed changed their CIP to accommodate these costs. Allow the voters to have the final word.
Guy Howard, 4 Main Street, said that the persons responsible for being over bid should be personally responsible. He commends the Board of Finance for having a spending cap. We need to prioritize what we spend our money on.
Wendy Olson, 9 Winter Ridge Road, speaks for the Sandy Hook PTA members; consider the sentiment of the voters and let them vote on this.
Tim Northrop, 47 Great Ring Road, is concerned with the ramifications of not proceeding with the current project. Other items are clouding the project, such as projections and class sizes. Sent it to the voters. Do not strip away the right of the citizens.
Carol Brown, 48 Marlin Road, is in favor of the project. Send it to the voters. Each house would have an increase of about $40 per year.
Mike Snyder, 8 Megan Circle, questioned the $40 figure for taxes. He said that due to possible change orders, the $6 million may be more or less.
Audrey Greenwood, 7 Susan Lane, is in favor of the project. She trusts the officials who vetted the project.
MINUTES. Upon motion of Mrs. Brookes, the minutes of September 3, 2008 were unanimously accepted as presented.
UNFINISHED BUSINESS.
Discussion concerning budget and Capital Improvement Plan processes will be tabled.
Discussion concerning expenses for maintenance of municipal and school facilities will be tabled.
Discussion concerning the Fairfield Hills Authority Ordinance will be tabled.
NEW BUSINESS
Presentation by Lyme Disease Task Force will be tabled.
High School Expansion Project.
Mr. Rodgers asked Board of Finance Chairman John Kortze to summarize the Board of Finance members’ rationale their vote on the High School project. Mr. Kortze said that the Board of Finance supported the project the first time around. They worked with the Board of Education to understand the impact of this and other projects. He said that the job of the Board of Finance is to make the numbers work. He said that the Board of Finance members who voted no felt that the building is too large and were concerned with cost escalations. The Board of Finance is also concerned because there is no Plan B. He said that the Board of Finance had asked for scalability options for three years. He said that now the project is beyond the Board of Finance. He said that all six Board of Finance members support the need for the project.
He said that the Board of Finance felt that many people supported certain items such as athletic fields. He said that the Board of Finance recommended that the High School and the budget referendums be held a the same time and there was a large turnout. He said that the Board of Finance asked the Boards of Education and Selectmen to help them move items around in the CIP. They asked if there could be some economies of scale so that some projects could be done sooner and also to look at escalation costs of pushing things out.
Superintendent Dr. Janet Robinson noted that the enrollment numbers in the High School drop about 40 per year during the year because of mid-year graduation. She said there is a new law stating that projects approved after January, 2009 must meet LEEDS certification.
Senator John McKinney explained that in 2007 the Legislature passed a green buildings law that applied to new school projects among other items. He said that Newtown does the process in reverse in that we go forward and then obtain approval and it is normal to obtain approval and then go forward. He said that the Office of Policy and Management (OPM) can grant waivers to the LEEDS certification if the costs outweigh the benefits of the law. He said, however, that regulations have not yet been approved for this process. He said that Newtown is now looking at complying with a law with no regulations and he feels that this is a strong argument for the Town to seek a waiver. He said that OPM does not know if an application for a waiver can be accepted at this time because there as the regulations have not been adopted. He feels that the Town needs to move forward to seek a waiver and that when the State approves the bond package you could seek notwithstanding language to exempt this
project. He said that a test argument is that the High School project has begun and that SFU approved the project without believing that the law applied because the silver LEEDS standards were not mentioned. He said that should the project stop and open up again this law may apply and you may not be eligible for a waiver.
Ms. Murray asked if there are grants available for this legislation or this an unfunded mandate. Mr. McKinney said that there are a number of grants for energy efficient technology but they are not designed for the LEED standards technically. He said that this law applies to State buildings but is silent as to school construction. He said that there is a 31.4% reimbursement for the silver LEEDS so that it is not an unfunded mandate. Mr. Borst noted that the gasline has been extended for this addition and would this add to our request for a waiver. Mr. McKinney thinks that it would. Mr. Rodgers asked if the cost of complying with this law would be gross.
Ed Barrett, Morganti Group, is the chief estimator for the project. He distributed and discussed “Newtown High School Addition – Construction Costs Only” (Attachment C to original minutes). He said that steel and oil price increases have had a huge impact on us. He noted that some bids were awarded to the second lowest bidders. He said that Morganti and Fletcher-Thompson did an extensive review of the building to minimize change orders. He said that the Public Building and Site Committee asked Morganti to be conservative. He discussed the items which comprise the additional $6 million. He noted that their estimators and economists recommended using a 6-8% escalation factor rate per year and that Public Building asked if this should be more. The State said that this range was in line.
He said that Morganti feels that rebidding is a risk. He said that to get bids out again would take three months, with 5-7 months added onto the project.
Joe Costa, Fletcher-Thompson, feels that the LEED certification costs would be about 10-15% for a building going from non LEED to LEED. Mr. Barrett said that Morganti would be guaranteeing the maximum price of the project.
Mr. Rodgers asked when did Morganti suspect that the costs would be over budget. Mr. Barrett said that after the project was out to bid. Mr. Rodgers asked if it is possible to accept some bids and rebid others to which Mr. Barrett said that it is but we would have to extend bids to do that and not all bidders were willing to extend them without additional cost. Mr. Lyddy asked if rebidding is a gamble, to which Mr. Barrett said yes. Mr. Lyddy said that LEED standards could cost 10-15% so essentially this is an unfunded mandate and when did the Board of Ed find out about this? Dr. Robinson said on Monday. Mr. Lyddy said that it is not fair to the voters that the Board of Education just found out about this. Mr. Rodgers noted that when legislation is passed, it is not incumbent that individuals be provided notice. He said
that the Board of Education and the trades should be tracking this. Mr. Rodgers noted that the estimated cost of compliance with the LEEDS certification is not known because we do not have regulations. Mr. Davis asked the time frame with rebidding. Mr. Morganti said three months to get back to this position if there is not a budget issues.
Mr. Costa said that scalability was not considered because we would have to designed two different buildings. Also this is a constricted site. He said that the GNP is 414 square feet and that the State feels that 400-450 is average for this region.
Bob Mitchell, Osborn Hill Road, is a member of the Public Building and Site Commission. He said that Public Building administers projects, reviews the design and provides value judgment. He said that there is very little to take out of the High School project. He said that the spike in prices was unavoidable and that prices are not going down. General condition and bonding costs have skyrocketed. He said that trade associations have indicated that the numbers will come in higher if we rebid. He said that some bidders may not be able to get money for their bonds. In response to a question from Mr. Rodgers, Mr. Mitchell noted that at the PB&S Commission meeting on August 19th, we voted unanimously that the project budget should be increased by the required $6 million to meet the ed spec, while we look to
save money through value management.~ Any saved money would be added to the contingency funds. ~We recommended that the additional costs be brought to referendum as required by the Charter.
Dr. Robinson distributed “Options for Dealing with the Overage in Bid Amounts for the Newtown High School Expansion Project” (Attachment D to original minutes). She said that the Board of Education recommends Option D – Seek Additional Appropriation. Mr. Bienkowski said that now there id $38 million available. Of that, $1 million would have to be deducted for fees to redesign; $4 million for LEEDS certification; contingency deduct $1.6 million; deductions for FF&E, technology, phone security; running track would have to be rebuilt if the field is not included. Remaining would be $28 million with 1/3 or 33,000 square feet would have to be taken out. Dr. Robinson said that there are not enough lab rooms. She said that we have to reply to NEASC by August 12 on the status of the project. She said that
portables have been put in the CIP. She said that this is really about the children. She asked that the project be put forward to the voters.
Mr. Rodgers declared a ten minute recess at 10:55 p.m. The meeting reconvened at 11:05 p.m.
Discussion and Possible Action: RESOLVED: To authorize and direct the Board of Selectmen to call a Special Town Meeting to consider and take action upon the resolution entitled “RESOLUTION AMENDING A RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN THE AMOUNT OF $38,826,000 FOR THE PLANNING AND CONSTRUCTION OF ADDITIONS AND RENOVATIONS AT NEWTOWN HIGH SCHOOL AND AUTHORIZING THE ISSUANCE OF $38,826,000 BONDS OF THE TOWN TO MEET SAID SPECIAL APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE”, a copy of which is attached hereto, said special appropriation was requested in a letter dated August 29, 2008 from Janet M. Robinson, Ph.D., Superintendent of Schools in accordance with Section 6-30 (a) & (b) of the Town Charter, a copy of which is attached hereto.
Mr. Pennarola moved to authorize and direct the Board of Selectmen to call a Special Town Meeting to consider and take action upon the resolution entitled “RESOLUTION AMENDING A RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN THE AMOUNT OF $38,826,000 FOR THE PLANNING AND CONSTRUCTION OF ADDITIONS AND RENOVATIONS AT NEWTOWN HIGH SCHOOL AND AUTHORIZING THE ISSUANCE OF $38,826,000 BONDS OF THE TOWN TO MEET SAID SPECIAL 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 for discussion. Mr. Pennarola feels that it is not right for twelve people or a majority of seven on the Legislative Council to decide this matter. He supports letting the voters decide the issue. Mr. Lyddy
said that we must invest in tomorrow’s work force and the Legislative Council should let the voters decide. Mrs. Brookes is concerned about some elements of the design but feels that the voters should decide. Mr. Hemingway said that the people should decide either way. He suggests a fifth option using the extra money to redesign. Mrs. Murray supports the project and does not want to deprive the people of the right to decide.
Mr. Capeci moved to amend the motion to insert before “generally consisting of” “specifically consisting of twenty general use classrooms, five science classrooms/laboratories, a new multi-purpose cafeteria and kitchen, installation of a new synthetic athletic field and all weather track, modifications to the existing concrete bleachers to provide accessibility to disabled spectators.” Second by Mrs. Llodra for discussion. Mr. Capeci accepted a friendly motion by Mr. Davis to add two culinary art classrooms, two child development classrooms and expansion and renovations to the existing gymnasium. Mr. Capeci feels that certain items should be part of the project. Mrs. Llodra feels that the project should go back to the community for a vote. Mr. Rodgers feels we are morally obligated to
include everything that was approved by the voters. His concern is for the field. Mrs. Llodra feels that the gym is critical and that this is cherry picking. Mr. Hemingway feels that the gym is intregral to this and without the gym and asked why not just replace “generally” with “specifically.” Mr. Rodgers said that the bond counsel felt that this was too restrictive and the bond counsel is concerned that they may not be able to certify to the underwriters and to the marketing of the bonds as to the scope of the work to be completed. Mr. Lyddy will not support this if the gym is eliminated.
Motion to amend failed 10-2. YES 2 (Capeci, Rodgers). NO 10 (Aurelia, DiCandido, Lyddy, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Pennarola).
Mr. Rodgers feels that the Board of Education has lost credibility. He said that they requested bonding before bidding to get the project done faster and without temporary classrooms. He said that NEASC said that there will be no damage to our accreditation because we are probably out of that situation by passing the original bonding resolution. He said that the Board of Education said that we could have portables or the High School addition; now it is portables and the High School addition. He said that officials and the contractors said that the project would come in under bid. He questions the expertise of those parties and the numbers. He said that the Board of Education cited the Portland case which involved the State denying reimbursement because of incorrect numbers; now there are five such cases out there.
He noted that the Board of Education had been asked to answer the questions from the Board of Finance that it had not yet answered, but this did not happen. He does not have faith in the prediction that we do not have time to rebid; the waiver from LEEDS certification may not be until January and with the LEED problem we may spend more money for less school. He feels that the Legislative Council should do its homework. He feels that it is the responsibility of the Legislative Council to make a decision and that the Legislative Council should not vote to approve the resolution merely to send it to the voters for their decision.
Main motion passed 9-3 by roll call vote. YES 9 (Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Lyddy, Capeci, Pennarola). NO 3 (Aurelia, DiCandido, Rodgers).
Discussion and Possible Action: Year end Re-appropriations. Mr. Pennarola moved to approve Fiscal Year End Re-appropriations Schedule B dated June 30, 2008 as presented by the Financial Director August 28, 2008. Second by Mr. Capeci and unanimously carried.
Discussion and Possible Action: To amend the 2008/2009 CIP as such: A request from the Edmond Town Hall Managers to add $90,000 to 2008/2009 CIP for capital improvements to the kitchen to be funded from LOCIP grants. This item is tabled until the next meeting.
Transfer of Funds~~~
FROM Account 44-600 ~Reserve for Capital and Non Recurring fund $5,000,000
TO~~~~~ Account 01-490 General Fund~ $5,000,000
Mr. Pennarola moved to transfer from Account 44-600 Reserve for Capital and Non-Recurring Fund $5,000,000 to Account 01-490 General Fund $5,000,000. Second by Mrs. Llodra and unanimously carried.
COMMUNICATIONS. It was noted that the Legislative Council members received several hundred emails concerning the High School expansion project.
COMMITTEE REPORTS.
Communications. Mrs. Llodra reported that the Committee is working to develop a High School site to enable us to use Chanel 17 for school and municipal events and activities. She said that we must also ensure that the new Town hall has the right infrastructure for the same purpose. She noted that the Committee is confronting a lack of expertise. Mr. Lyddy said that Stratford airs their Council meetings with the assistance of Cablevision. Mrs. Llodra noted that Charter is not known to be so cooperative. Mr. Davis said that this is our opportunity to move forward with better communications with the public.
FIRST SELECTMAN’S REPORT. Mr. Borst said that AT&T has installed eight V-RAD boxes this year with eight more planned for this year and ten for next year, but will not disclose their locations. He said that the Board of Selectmen discussed the CIP and that Mr. Tait had also discussed the CIP with department heads. Mr. Borst said that the Library Board of Trustees, Hawley School and the Cemetery Association want to change trustees for the Mary Hawley Trust Fund. He noted that the Edmond Town Hall Board of Managers is looking at Danbury Savings Bank but may reconsider if the other trusts go with J. P. Morgan Stanley. He noted that the bids for Bridgeport Hall came in on O&G’s budget; it is not known if there is sufficient bonding money left. An alternate is a new roof with four dormers; this could
bring the cost up from $10,728,486 to $11,232,577 which is a variance of $504,091. Mr. Borst has requested that $125,000 of grant money be transferred from the Technology Park to Fairfield Hills which would bring the variance in the roof cost down to $379,091. He said that the $200,000 EPA grant may be used for Woodbury, Litchfield Hall or Bridgeport Hall.
VOTER PARTICIPATION. LeReine Frampton, Registrar of voters, noted that a transfer for the referendum will be coming.
ANNOUNCEMENTS. None noted.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 12:30 a.m.
Ann M. Mazur, Clerk
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