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11/05/08
Minutes of the regular meeting of the Legislative Council held on Wednesday, November 5, 2008 in the Meeting Room of the C. H. Booth Library, 25 Main Street, Newtown, CT. Vice-Chairman Pennarola called the meeting to order at 7:30 p.m.

PRESENT: Francis Pennarola, Daniel Amaral, John Aurelia, Jeffrey Capeci, Gary Davis, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray. ABSENT: William Rodgers, Jan Brookes. ALSO PRESENT:  First Selectman Joseph Borst, Director of Community Development Elizabeth Stocker, Economic Development Commission member Robert Rau, Conservation Commission Chairman Joseph Hovious, Joan Piscitelli and Beth Agen, Co-Chairs of the Newtown Prevention Council, two members of public.

VOTER PARTICIPATION. None noted.

MINUTES. Upon motion of Mr. Capeci, the minutes of October 1, 2008 were unanimously accepted as presented.

COMMUNICATIONS. Mr. Pennarola congratulated Mr. Lyddy upon his election and Mr. Rodgers for the good fight.

Mr. Davis was a “cc” on a letter from a constituent to the State DEP as a follow up to the letter from the Town on environmental and health matters at Fairfield Hills. He is not aware that there has been a response from the DEP.

COMMITTEE REPORTS

Ordinance. Mr. Pennarola reported that the Ordinance Committee will meet immediately prior to the next Legislative Council meeting.

Communications. Mrs. Llodra reported that the Communications Committee had a meeting with a consultant from HV Communications and representatives from the Town I.T. Department to discuss the hardware that is needed so that the conference room in the new Town Hall is properly equipped to transmit meetings. She said that the revised bid documents include some of this equipment.

Finance. Mr. DiCandido had no report.

Discussion concerning expenses for maintenance of municipal and school facilities Mr. Amaral asked Mr. Borst to provide him with wages for school and town maintenance employees.

Discussion concerning budget and Capital Improvement Plan processes. Mr. Davis noted that this item has been on the agenda for some time. He wonders if the process is backward as the Boards of Education and Finance go through the budget and then the Legislative Council is asked to make a policy decision. Should the Legislative Council make a policy decision going forward first for the CIP and the budget process so that when it comes back to us they understand the parameters that the Legislative Council wants to see. Mr. DiCandido said that the Board of Finance took over what the Legislative Council Finance Committee used to do and would this be a duplication of efforts.

FIRST SELECTMAN’S REPORT. Mr. Borst noted that on September 19 the State requested data on 19 items concerning Fairfield Hills. He said that a state employee left and did not inform his successor about where Newtown’s reports were. All reports have been delivered or accounted for. He said that Bridgeport Hall has been given the go ahead for construction. He noted that the Board of Selectmen voted 2-1 not to replace the roof but it will be repaired. Mrs. Llodra asked Mr. Borst if he had been advised of the letter that the resident sent to the State or was he given a copy before it went to the State and he replied that he had not been.  Mr. Borst noted that there are seven alternates to the Town Hall bid that the Town must make a decision on.

Mr. Borst said that the Army Corp of Engineers had indicated earlier in the year that they wanted to create a facility at Fairfield Hills, or BRAC (Base Realignment and Closure). (See Attachment A to original minutes). He said that the Army Reserve would like to relocate other State facilities to Newtown. He said that a meeting was held with the Army on October 30. The Army said that the property needs to be adjacent to the existing Connecticut National Guard facility. Mr. Borst said that three properties were identified: the high meadow, the tech park and the horse guard property. The Army will not consider the tech park because it is not adjacent to the National Guard facility. A bridge would be needed over the stream. He noted that the only money that would be coming to the Town would be the purchase price which the has been estimated to be $35-55 million. He said there would be a staff of 20 with up to 350 Army reserve and 220 National Guard personnel. This would be a training facility. Mr. Borst said that town Attorney David Grogins  said that the property could be acquired by eminent domain. Mr. Lyddy suggested that Mr. Borst  contact Middletown as there is a similar facility there. Mr. Borst noted that Selectman Rosenthal and Fairfield Hills Authority Chairman Geckle are not in favor of the Army’s proposal. Mr. Borst said that the timeline for completion of the project is September, 2011 and that it would go out to bid in August, 2010. Mr. Borst suggested a town meeting with the Army personnel. Mr. Davis questioned if there would be any long term economic benefits. Mrs. Llodra suggested that Mr. Borst contact the chief elected official in Middletown as there is a similar facility being built there.

Joe Hovious, 3 Leopard Drive, Chairman of the Conservation Commission, noted that part of this area is the Pootatuck sole source aquifer. He said that the Department of Defense has a history of being one of the largest ground water contaminators in the country.

UNFINISHED BUSINESS.

Discussion concerning budget and Capital Improvement Plan processes will be carried forward.

Discussion concerning expenses for maintenance of municipal and school facilities will be tabled.

NEW BUSINESS.

Presentation by Newtown Prevention Council concerning decreasing the drinking age to eighteen. Joan Piscitelli said that some private college presidents are advocating lowering the drinking age to 18 and the Newtown Prevention Council does not support this. Beth Agen distributed the Prevention Council’s position statement on this matter (Attachment B to original minutes). They presented a statement prepared by the Prevention Council that they urged the members of the Legislative Council to support and to call Newtown Youth and Family Services to offer their support. Ms. Agen noted that 63 towns in Connecticut are addressing underage drinking. Mrs. Llodra said that the Connecticut Association of Schools does not support reducing the drinking age. Mr. Pennarola declared a recess at 8:35 p.m. in order that Legislative Council members who wished to could sign the statement presented by the Prevention Council. The meeting reconvened at 8:40 p.m.

Presentation, Discussion and Possible Action regarding embracing conceptually expanding Town's Business Incentive Plan to maximum permitted under State Statute. Robert Rau of the Economic Development Commission noted that Pitney Bowes plans to leave Newtown. He said that a company has proposed investing $20 million for a new headquarters and laboratory facility on that property. The company would have substantial personal property and would employee 180 people. He said that the Town Business Incentive Plan is not competitive with what is being offered to this company by others in and out of Connecticut. He said that the State of Connecticut has an incentive plan that offers tax abatement in excess of what Newtown has approved. He said that the EDC is asking the Legislative Council to approve in principal that such a plan be considered. The EDC would come back to the Legislative Council for approval of the exact plan. Mr. Rau said that under Section 12.65 h of the Connecticut Statutes a municipality may authorize by affirmative vote of its legislative body to agree to a plan that could provide abatement of 100% of the increase in the personal property assessment for seven years. Mr. Pennarola moved to authorize the Economic Development Commission to propose an amendment to the current Business Incentive Plan to be able to offer the maximum that the State Statute permits to a business that would locate in Newtown. Second by Mr. DiCandido and unanimously carried.

Discussion and Possible Action: Capital Improvement Plan will be carried forward.

Discussion and Possible Action: General Fund, Unreserved Fund Balance Policy and Debt Management Policy will be carried forward.

Discussion and Possible Action: Schedule of 2009 meeting dates will be tabled.

VOTER PARTICIPATION.  None noted.

ANNOUNCEMENTS. None noted.

EXECUTIVE SESSION.  None.

ADJOURNMENT.     The meeting adjourned at 8:59 p.m.




Ann M. Mazur, Clerk