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Minutes of the regular meeting of the Legislative Council held on Wednesday, January 21, 2009 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.
PRESENT: William Rodgers, Francis Pennarola, Patricia Llodra; John Torok, Po Murray, Gary Davis, Jan Brooks, John Aurelia, Joseph DiCandido, Daniel Amaral, Jeff Capeci, Joseph Hemingway
ABSENT: none
ALSO PRESENT –Deputy Director of Land Use, Rob Sibley, Tax Collector, Carol Mahoney, Director of Parks & Recreation Amy Mangold, Patrick Barczak of the Parks & Recreation Commission, School Superintendant Dr. Janet Robinson, 3 members of the public and one member of the press
VOTER PARTICIAPATION - None
MINUTES – Mr. Capeci moved to accept the minutes from the December 17, 2008 meeting as presented. Ms. Brooks seconded, motion unanimously accepted. Mr. Torok did not participate in the vote.
Mr. Pennarola moved to accept the minutes from the January 14, 2009 meeting as presented. Ms. Brooks seconded. Mr. Pennarola made a correction that John Torok was present at the meeting and the information in communications should state that the Democratic members of the Legislative Council had 30 days to pick a replacement and they unanimously choose John Torok. Mr. Capeci noted the motion to remove $1,000,000 from the open space acquisitions starting with the CIP plan 2010-2011 and each subsequent year did not list the members voting for and against. Yes 5(Aurelia, DiCandido, Murray, Amaral, Capeci) No 6 (Torok, Pennarola, Hemingway, Llodra, Brookes, Rodgers). Mr. Davis noted a typo on the second line of the Selectman’s report. Upon motion of Mr. Pennarola, the minutes of the January 14,
2009 were unanimously accepted as amended.
COMMUNICATIONS – The March 18th meeting will be in the Lecture Hall at the High School for broadcasting. The Board of Selectman called for a special meeting with the Board of Education and invited the Chairs and Vice Chairs of the Board of Finance and the Legislative Council to attend. Some of the member are concerned that it is unlikely that re-bid will achieve the fully required savings within the original bond issue of the high school addition. Therefore the Selectman would like to find out the intentions of the Board of Education. The meeting is tomorrow at 8:00AM in the Alexandria room at the Edmond Town Hall. Any member of the Legislative Council can attend the meeting as a member of the public.
COMMITTEE REPORTS – Ms. Llodra reported that the next Communications meeting is next Thursday the 29th. They have been joined by Carmella Amodeo who is an employee of the Board of Education and will assist on policy development.
FIRST SELECTMAN’S REPORT - None
UNFINISHED BUISNESS
Discussion concerning consolidating expenses maintenance of municipal and school facilities – Not addressed
Capital Improvement Plan as approved by the Board of Finance – Mr. DiCandido motioned to remove the Dickenson Infrastructure Renovation of $620,000 out of 2009-2010. Add or reinstate the Parks and Recreation maintenance facility $350,000 to 2009-2010 and add the Dickenson infrustucture renovation for $620,000 into 2010-2011 and reduce the Recreation Center from $4,000,000 to $3,380,000. Mr. Capeci seconded. Mr. Barczak explained that part of the $620,000 for the renovations was for the tennis courts. They are asking to keep $300,000 in 2009-2010 for a complete renovation of the tennis courts. The balance of $320,000 can remain in 2010-2011 for the balance of the renovations. At 8:00 PM, Mr. Rodgers called a 5 minute recess to discuss the Parks and Recreation
proposal. 8:05 PM, meeting called back to order. Mr. Rodgers reiterated that the Legislative Council doesn’t have the ability to add to the CIP without going back to the Board of Finance. They can reduce the infrastructure and in essence can move the remaining out to the following year. The $350,000 requested for maintenance facility would by definition have to be an addition. Ms. Llodra articulated the importance of the tennis court renovations. During the High School renovations, the courts at the school will not be available. It is important to keep the town employee’s safe and it is also important to provide a facility for the team to practice their sport.
Ms. Llodra motioned to sever the motion into 3 separate parts, Mr. Pennarola seconded. Motion unanimously accepted.
Mr. Davis motioned to add to the 2009-2010 CIP $350,000 to improve the Park & Recreation Maintenance facility, Mr. Capeci seconded. Motion passed 9-3 by roll call vote. YES 9 (Aurelia, Torok, Pennarola, Davis, Hemingway, Llodra, Amaral, Brookes, Capeci) NO 3 (DiCandido, Murray, Rodgers).
Mr. Davis motioned to remove $620,000 for the Dickenson Renovations from fiscal year 2009-2010 to 2010-2011. Ms. Murray seconded. Ms. Murray asked Mr. Barczak if he had to make a choice between preserving the tennis courts or repairing the maintenance facility, which would he prefer. Mr. Barczak said he is concerned about the tennis courts; however, the maintenance facility is in need of repair. If he had to choose, he would pick the maintenance facility. Ms. Llodra stated that this is a difficult decision; she doesn’t want to pit the employees over the students. Ms. Mangold articulated that this is not just for the High School; it is for the entire community.
Mr. Pennarola motioned to amend the motion on the floor to leave $300,000 in the Dickenson renovation in the year 2009-2010 and move $320,000 to 2010-2011. Ms. Llodra seconded. Motion unanimously accepted
Mr. Davis motioned to reduce the recreation center from $4,000,000 to $3,380,000, Ms. Murray seconded. Mr. DiCandido’s explanation of the motion is to keep the dollar amount, balance the equation. At this point $4,000,000 is a guesstimate as to what the actual project would cost. Mr. Pennarola moved to modify the original motion to reduce the amount from 4,000,000 to 3,680,000 Mr. Capeci seconded. Motion passed 10-1 with 1 pass by roll call vote. YES 10 (DiCandido, Torok, Pennarola, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Capeci) NO 1 (Rodgers) Pass 1 (Aurelia).Vote on motion as amended passed 10-1 with 1 pass by roll call vote. YES 10 (DiCandido, Torok, Pennarola, Davis, Hemingway, Llodra, Murray, Amaral, Brookes, Capeci) NO 1 (Rodgers) Pass 1 (Aurelia).
With no further changes to the CIP, Mr. Rodgers called for a vote of the CIP as amended. Unanimously accepted.
Debt Management Policy – not addressed
Request from the Board of Education for the Board, in accordance with the Town of Newtown’s Charter Section 6-30, a) & b), request a special appropriation of $550,000 for installation of modular classrooms at Newtown High School in the spring of 2009. – No action will be taken because there is no recommendation from the Board of Finance. Ms. Llodra explained that $550,000 has been identified for the cost of the installation of the Portables at the High School. Purchasing the portables may be a better investment. Ms. Llodra spoke with Mr. Kortze and the understanding is that the Board of Finance intends to support purchase and bonding of the purchase over leasing.
NEW BUSINESS
Deputy Director of Land Use Rob Sibley recommendation of the purchase of 76B Walnut Tree Hill Road for open space – Mr. Sibley presented an appraisal of the property in question. At this point the Selectman approved it as well as Planning and Zoning. This over looks the Pootatuck going into the Housatonic. It is one of the more spectacular pieces that has been presented to the Legislative Council. Ms. Llodra questioned where the town is with respect to achieving their open space goals of 21%. To achieve this goal, approximately 1000 acres are needed. Of that 500 acres have been identified. Mr. Pennarola motioned to authorize the Selectman on the behalf of the Town of Newtown to purchase the property at 76B Walnut Tree Hill Road, Map 42 Lot 15 Block 34 lot B
for the purchase price of $280,000, Ms. Llodra seconded – motion unanimously accepted.
An amendment to the Fire Lanes Ordinance, chapter 229 of the Newtown Code – Mr. Pennarola motioned to amend the chapter 229 of the Newtown code entitled “fire lanes” by substituting proposed language that was printed in the Newtown Bee and circulated to the members. Ms. Llodra seconded. This originated with the Police chief and written in conjunction with the Fire Marshals. Motion unanimously accepted.
An amendment to the elderly Tax Relieve Ordinance – Mr. Pennarola moved to amend chapter 370 article 1 in accordance with the amendment that was posted in the Newtown Bee. Mr. Capeci seconded. This proposed amendment consists of 4 parts. Since there was a public hearing anyway for the first two parts, proposed inclusion of the disabled in addition to the elderly it made sense to include the entire amendment. They do not have to and are not setting a precedent by holding a public hearing with regard to the 3rd and 4th parts which deal with the council’s ability to adjust without a public hearing the income level and the amount of the benefit. This is designed to add those people who are the totally disabled which is approx. 60 people, as well as increase the tax
credit available. Ms. Mahoney has seen a number of people come in and their incomes are between $60,000 and $65,000 and do not qualify for the relief. As the ordinance is currently written, proration would spread the $1.2 million over all the eligible tax payers. This is determined by income only, not assets as well. Mr. Rodgers has looked into the statues to see if there is a way around this but it is income based.
Motion unanimously accepted.
An ordinance entitled Newtown Noise Control Ordinance, chapter 262 of the Newtown code. – The committees purpose to have the hearing was to hear from the public. The intention is to look at it again before sending it on to the DEP. Once this has been accepted another Public Hearing will be held. Ms. Llodra questioned the exception of snow removal thinking that it was meant for town removal of snow. However, there are people who must leave their homes early and may need to operate a snow blower at 4am.
Having no further business, meeting was adjourned at 9:43 PM
Arlene Miles, Clerk
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