Minutes from the Regular Meeting of the Legislative Council held in the meeting room of the C. H. Booth Library, 25 Main Street, Newtown, Connecticut, on Wednesday, September 2, 2009. Vice-Chairman Francis Pennarola called the meeting to order at 7:30 pm.
PRESENT: John Aurelia, Sr., Francis Pennarola, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Po Murray, Daniel Amaral, Jan Brookes, Jeffery Capeci, Paul Lundquist and Gary Davis
ABSENT: William Rodgers
ALSO PRESENT: First Selectman Joe Borst, Finance Director Bob Tait, Deputy Director of Planning and Land Use Rob Sibley, 4 members of the public and 2 members of the press.
PUBLIC PARTICIPATION:
Ruby Johnson suggested that the town use the capital improvement plan as a road map. The problem now is how we are conducting business, she added.
According to Mrs. Johnson, the original bond issue was based on several playing fields. The town voted for $20 million, but there are not going to be 7 playing fields.
“The capital improvement plan needs your attention,” she charged the council. “If you don’t do something about spending of money by people who don’t know what they’re doing, we’re going to be in big trouble.”
Gina Wolfman, 30 Obtuse Road, an environmental planning consultant with a background in environmental law, offered council members her professional opinion on the proposed noise ordinance.
According to Mrs. Wolfman, she moved to Hawleyville from Westchester County, NY, and joined HEAT.
She told commissioners she has worked on master plans, done a lot of impact analysis and has a solid background in wetlands.
She thanked the council for proposing a noise ordinance.
According to Mrs. Wolfman, her opinion is that the draft is a good start, but that it could be more comprehensive.
She offered to help the council with wording of the ordinance using her experience with noise ordinances that passed the DEP’s purview.
Mrs. Wolfman highlighted several goals:
- Enact something that affects current and future land use
- Need to address future uses
- Could be more comprehensive
- Thinks that the decibel numbers – 45 & 55 – were great but in regards to heavy machinery it is a good idea to define that equipment
Mr. Pennarola told Mrs. Wolfman that the council is not planning on taking action because the Economic Development Committee couldn’t be at the meeting that night.
Nothing is a done deal, he added. No matter what we pass we have to send it back to Department of Environmental Protection (DEP) for approval.
Mr. Pennarola noted that at the public hearing there were some concerns expressed that the council was being too restrictive with the ordinance.
Mr. Davis asked Mrs. Wolfman to please send comments and reference other towns. If the towns were already approved by the DEP, he told her help the council understand.
Mrs. Llodra asked Mrs. Wolfman to ID in the document what is hers and what has already been passed by the DEP.
According to Mrs. Llodra, the council used Ridgefield as a model knowing it was already passed by the DEP.
Even if it’s not approved by DEP, Mr. Lundquist believed the commission should still run it by them.
MINUTES of AUGUST 19, 2009:
Mr. Capeci moved to accept the minutes of the regular meeting, August 14, 2009, as corrected. Mr. Aurelia seconded and the motion was unanimously approved.
CORRECTIONS:
Under the first Public Participation, Mrs. Llodra noted that the gentleman who spoke was Alva Cramer, not Alan Kramer.
Under the first Public Participation, paragraph 3, negative aspect number 1, Mr. Capeci stated that Mr. Kramer said “I would promote my own personal agenda” not “It would promote one’s own personal agenda.”
COMMUNICATIONS: none
COMMITTEE REPORTS: Ordinance Committee – According to Mr. Pennarola, the Ordinance Committee is moving three ordinances to a public hearing in October.
1.) Technical change of language on Commission of Aging, so language is consistent with the charter.
2.) Set up a trust for other Post Employment Benefits which a large part is certain police retirement benefits
3.) Energy Task Force requested the council draft an ordinance
Public Works – Mr. Aurelia announced that a retaining wall is finally being put up at the Senior Center.
This is progress the seniors have been waiting for, he added.
Other Matters - Ms Murray said she would like to receive the agendas and minutes of all the subcommittees and is interested in any communications that go to the chairman.
In addition, Ms Murray made a request that the council receive the agenda to the regular meetings sooner. She says she finds it difficult and challenging to read up on all the material and wants more time.
Several other council members agreed indicating that they wanted to receive the agendas in a more timely fashion.
Mrs. Llodra asked if there were any other council members who wanted to receive the agendas and minutes of all the subcommittees.
The various chairman of the subcommittees said they would try to get that information out and the council agreed it was better to receive the information and delete it if you didn’t want it, than not to receive it.
FIRST SELECTMAN’S REPORT: Mr. Borst outlined the tentative schedule for the move into the new municipal office building located up at Fairfield Hills.
- Sept. 8 – the IT Department will move in from Newtown High School.
- Oct. 9 – the Municipal Offices from Kendro will be moving in. Offices will be closed for business starting at noon Thursday, Oct. 8, thru noon Tuesday, Oct. 13.
- Oct. 23 – Municipal Offices from Edmond Town Hall will be moving in. The offices will be closed starting at noon Thursday, Oct. 22, thru noon Monday, Oct. 26.
- Oct. 30 – Board of Education Offices from Kendro will move in. The offices will be closed starting at noon Thursday, Oct. 29, thru noon Monday, Nov. 2.
Mr. Borst discussed the town’s portfolio performance review furnished by Westport Resources MGMT., Inc.
According to Mr. Borst, back on June 30, 2008 the ending value of the portfolio was $25,290,337.89 and as of Sept. 1, 2009 the ending value was $25,025,303.08 making the town only short $265,034.81.
Mr. Tait added that the good news is they made up for the loss – over a $2 million gap from an 8% increase.
In regards to pensions, Mr. DiCandido emphasized that the town has a liability on the books. Indicating it should be $2 million more than that.
Mr. Davis said it was something the town was behind on anyway even without the 8%.
Mr. DiCandido said that the town can’t sustain these properly.
Mr. Tait indicated that the 8% is based on a longtime – 8 or 10 years.
Mrs. Llodra said it make sense if the council hears from the pension board.
Mr. Borst said the pension board has a meeting on Sept 21. 2009.
After a brief discussion, Mr. Davis suggested the pension board make a presentation to the Legislative Council.
UNFINISHED BUSINESS:
Discussion and possible action: Noise Control Ordinance – Mr. Pennarola suggested that the council defer any discussion or action on the ordinance for more information, changes, and insight, until the next meeting, Sept. 16, 2009.
Discussion of CIP, budget and other Legislative functions – carried forward to the next meeting.
Discussion and possible action: Financial Impact Statement – Mr. Capeci moved to accept the Financial Impact Statement as presented by Mr. Tait. Mr. Aurelia seconded. The motion was unanimously carried following a brief discussion.
Mr. Tait recently put together a Financial Impact Statement for Newtown. The statement would become a standardized form used for special appropriations. Since use of the statement is new, several council members expressed their concern that the form was refined enough to use and that there were no more changes to be made.
Mr. DiCandido asked if refinements to the statement would be made as it gets used. Mr. Tait said yes.
In response to whether or not the proposed statement was already being used, Mr. Tait indicated that he had no choice for when you submit special appropriations you have to submit Financial Impact Statements.
Ms. Murray recommended that after the CIP process, Mr. Tait should review it to see if it was helpful.
Mr. Davis thanked Mr. Tait with providing a new way of assessing the process.
NEW BUSINESS:
Discussion and possible action: Zoning Enforcement Ordinance – Mr. Sibley told the council that the ordinance was a tool to be utilized by the land use agency for enforcing its regulations.
Prior to the ordinance there has been a lengthily notification process for violators of land use codes – verbal notification of a violation, written notice of the violation, cease and desist or final court action.
Recently, a state statute was passed for a municipality to have a fine process for violators in town, Mr. Sibley noted.
The process limits the amount of fines but puts a place holder down, he added. It would save the time and energy of the staff and expedite the process of legal action.
According to Mr. Sibley, the fine process would be similar to the tickets police issue and the infractions would be handed out by a land use officer or any other officer.
If the ticket is contested, he noted that a hearing officer would be placed by the Board of Selectmen. The individual contesting the ticket would have 10-day notice for the hearing and then court action.
After some discussion as to whether to entertain a motion, Mr. Pennarola said that further discussion and action on the ordinance would be carried forward to the next meeting.
Transfers 2009-2010 -
From 01570-2000, Contingency Fund,~$92,059.80 to 01890-0000, Transfer Out – Cap Project,~$92,059.80 – Mr. Capeci moved to transfer from account 01570-2000, Contingency Fund, the amount of $92,059.80 to account 01890-0000, Transfer Out – Cap Project the amount of $92,059.80. Mrs. Llodra seconded. The motion was unanimously approved after a brief discussion.
The reason outlined on the transfer request by Mr. Tait indicates that the transfer is for the new municipal building to furnish and install new technology equipment for television broadcast of Town meetings. O&G has provided three bids from selected technology contractors. The work is out of scope of the present new municipal building.
According to Mrs. Llodra, the $92, 059.80 is for all the telecommunications, the hearing impaired loop and some construction.
Mrs. Murray asked if Mr. Tait anticipated any other items from the new town hall coming through as change orders and Mr. Tait said they have shut down the process.
Several council members questioned the bidding process and Mrs. Llodra indicated the communications subcommittee had selected the bidder based on how confident they were that the company could provide the equipment, design the system and install it.
From 01570-2000, Contingency Fund,~$98,731.00 to 01310-1003, Sworn Personnel,~$98,731.00 – Mr. Capeci moved to transfer from account 01570-2000, Contingency Fund, the amount of $98,731.00 to account 01310-1003, Sworn Personnel, the amount of $98,731.00. Mrs. Llodra seconded and following a brief discussion the motion was unanimously approved.
The reason outlined on the transfer request by Mr. Tait indicates the transfer is for the new police contract settled after the budget process. The contract included a 3% increase in wages for the fiscal year 2008-2009 that was not included in the 2009-2010 Budget for police sworn personnel. The wage increase for 2009-2010 = 0%. The amount approved in the 2009-2010 budget = $2,877,339. The amount required = $2,976,070.
From 02680-2000, Contingency Fund,~$12,000.00 to 01260-2001, Town & Police Plan,~$12,000.00 – Mr. Capeci moved to transfer from account 02680-2000, Contingency Fund, the amount of $12,000 to account 01260-2001, Town & Police Plan, the amount of $12,000. Mrs. Llodra seconded. The motion was unanimously carried following a brief discussion.
The reason outlined on the transfer request by Mr. Tait states that during the budget process $12,000 was not included in the pension contribution because it was thought that the health district contributed that amount. According to Mr. Tait, he misread the budget information provided by the health district and states that actually the amount was listed as an item paid by the Town.
Following the vote, Ms. Murray asked how much was left in the contingency fund and Mr. Tait replied $252, 000.00.
Mrs. Llodra asked if there were any other charges on the contingency fund and Mr. Tait said none.
Mrs. Murray asked if there was a number in the budget for contingencies, and Mr. Tait said the number changes each year.
Special Appropriations -
Special Appropriation to be financed by funds in capital & non recurring (Fund #44): Engine 441 Replacement – Sandy Hook $566,000.00 – Mr. Capeci moved to appropriate from funds in capital & non-recurring (Fund #44): Engine 441 Replacement – Sandy Hook, the amount of $566,000.00. Mrs. Llodra seconded and after a brief discussion the motion was unanimously approved.
The reasons outlined on the Financial Impact Statement by Mr. Tait indicates that the 2009-2010 CIP proposed that this piece of equipment be financed out of the capital & non-recurring fund. The fund currently has a balance of $786,460 for capital expenditures. According to Mr. Tait, the town has been spending between $8,000 and $10,000 in repairs each year for this piece of equipment.
Before voting on the matter, Mr. DiCandido asked why Sandy Hook can’t “squeeze” out another year using Engine 441.
According to Mike Burton of the Board of Fire Commissioners, both trucks - Engine 441 (Sandy Hook) and Pumper Truck 221 (Dodgingtown) – have been put off for two years already. He noted that it is getting to be expensive. Engine 441 was purchased in 1982 and refurbished in 1995, the body compartments are undersized, and the motor is underpowered.
Mr. Burton stated that the truck should be replaced this year to avoid the new emissions standards that will take effect in 2010 and will add $20,000 plus to the price as well as increase maintenance costs.
Resolution -
Resolution providing for a special appropriation in the amount of $2,419,000 for various public improvements for the fiscal year 2009-2010 and authorizing the issuance of $2,419,000 bonds of the Town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose ~Police Radio Enhancements~~$494,000.00, Renovate Treadwell Pool~$405,000.00, P&R Maintenance Facility – Interior Renovations~$350,000.00, Dickinson Park – Infrastructure Renovations~$620,000.00, and Pumper Truck 221 Replacement – Dodgingtown $550,000.00 -
Mr. Capeci moved to adopt the resolution providing for a special appropriation in the amount of $2,419,000 for various public improvements for the fiscal year 2009-2010 and authorizing the issuance of $2,419,000 bonds of the Town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose Police Radio Enhancements $494,000.00, Renovate Treadwell Pool $405,000.00, P&R Maintenance Facility – Interior Renovations $350,000.00, Dickinson Park – Infrastructure Renovations~$620,000.00, and Pumper Truck 221 Replacement – Dodgingtown $550,000.00. Mrs. Llodra seconded the motion and after a spirited discussion the motion was passed. Voting in favor of the motion to adopt the resolution were Mr. Pennarola, Mr. Hemingway, Mrs. Llodra, Ms. Murray, Mr. Amaral,
Mrs. Brookes, Mr. Capeci, Mr. Lundquist and Mr. Davis. Mr. Aurelia opposed the motion and Mr. DiCandido abstained because he disagreed with the funding method.
Prior to voting on the motion, the council had a spirited discussion concerning the special appropriations.
Mr. DiCandido expressed his concern about the type of bonding the town was using, focusing particularly on the 10 year and 20 year bond time frames.
Ms. Murray indicated that she had difficulty approving the $405,000 for the renovations to Treadwell Pool without having some hard numbers.
Mrs. Llodra said that the council already discussed the matter at great length and that it was already in the CIP. Mr. Pennarola said he didn’t think they should be micro managing the process and noted that the legislative council had an understanding of what’s being done and approved the CIP.
Ms. Murray said they were always told 5 year CIP was the plan and that each project would come to the council.
Mr. Tait told council members that the bond figures are estimated figures and that the numbers could be less. Mr. Davis stated that the council would have the ability to call people in and ask more questions.
Mr. Tait added that the town would have an agreement that those projects can’t start as well.
Mr. Davis concluded that the town still has the opportunity to reduce the cost of the bond.
Mr. Capeci noted that Mr. Tait would only bond what is necessary and will only bond up to that amount.
Ms. Murray indicated that if someone asks her about this, she wants to be able to answer them.
Mr. Davis stated that the council should discuss redefining the CIP process.
Mr. Aurelia said that some of the CIP requests looked like they were written on a napkin and expressed his concern that the town was spending over a million dollars on a 10,000 square foot building without looking at the actual costs.
Ms Murray asked Mr. Tait why the special appropriations were grouped together and the finance director said it was a matter of convenience and that the reason for the grouping was this was the rest of the projects.
PUBLIC PARTICIPATION: none
ANNOUNCEMENTS: none
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS: none
ADJOURNMENT: Having no further items on the agenda, Mr. Pennarola asked for a motion to adjourn.
Mrs. Llodra moved to adjourn the meeting at 9:34 pm. Mr. Hemmingway seconded and the motion was unanimously approved.
Ted Swigart, Clerk
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