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 16, 2009. Chairman William Rodgers 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, Gary Davis and Chairman William Rodgers
ABSENT: Jeffery Capeci
ALSO PRESENT: First Selectman Joe Borst, Finance Director Bob Tait, Land Use Agency Director George Benson, 8 members of the public and 2 members of the press.
PUBLIC PARTICIPATION: NONE
APPROVAL OF THE MINUTES of September 2, 2009: Mr. DiCandido moved to accept the minutes of the regular meeting, September 2, 2009, as corrected. Mrs. Brookes seconded and the motion was approved. Chairman Rodgers abstained not having been in attendance for the meeting.
Corrections- Page 5, under Resolution, Mr. Aurelia indicated that he did not oppose the motion to approve the Resolution but rather abstained because he wasn’t satisfied with the answer he got in the heated debate. Mr. DiCandido indicated that he did not abstain from the motion to approve the resolution but indicated he was opposed to the resolution because he was concerned with the types of items being bonded. He was concerned with bonding that would not even come close to the life expectancy of the bond.
Mr. Rodgers reminded council members that in the future the only grounds to abstain from a vote, is if there is a conflict of interest.
As a matter of clarification, Chairman Rodgers and Mr. DiCandido agreed that on Page 3, top of the page, first sentence, after $265,000 added “back to July 1, 2008.”
Regarding the minutes to the August 5, 2009 meeting which have yet to be approved, Chairman Rodgers asked that the minutes be put on the agenda for the council’s next meeting October 7, 2009.
COMMUNICATIONS: Chairman Rodgers told the council that he received a letter from June from Board of Education indicating that the superintendent asked if she could be on the agenda for one of the council’s meetings in October to discuss the state of the school as she did last year. The chairman said he told her that any meeting in October would be fine for that purpose.
COMMITTEE REPORTS: Education Committee- Ms. Murray told the board that there has been an increase in volume of people using the library due to the economic downturn. She wanted to thank them for sending that information to the council and indicated that it was very informative.
Ordinance Committee- Mr. Pennarola informed the council that there were four ordinances scheduled to go a public hearing on October 7, 2009.
1) Sustainable energy ordinance
2) Retiree medical ordinance
3) Commission on Aging ordinance – make their fund language consistent with what auditors said
4) Park and Recreation ordinance – make the language consistent with what auditors said.
In addition, Mr. Pennarola indicated that the Ordinance Committee as sent materials regarding a proposed Sex Offenders Ordinance by the Board of Police Commissioners. He noted that it was his intention to invite Police Chief Michael Kehoe to a meeting – likely the second meeting in October - to express why Newtown needs such an ordinance.
ADHOC Committee- Mr. Lundquist said the committee had a series of meetings with Mr. Tait, the Board of Education, the Parks and Recreation the Department of Public Works and are at the point where they need to assemble what they have and get to the point of reporting.
Finance Subcommittee- Mr. DiCandido told the commission he will try set up another meeting once he hears from all the other members.
FIRST SELECTMAN’S REPORT: Mr. Borst indicated that the Board of Selectmen completed their study and analysis of the CIP and will hold a meeting with the Board of Finance on Thursday, September 24, 2009.
The First Selectman produced a list of all the projects Mr. Tait put together and the progress. Some of those were as follows: the baseball field lights at Fairfield Hills are done, the police building and design project was cancelled, park and Recreation maintenance facility received a new roof last year and is receiving interior renovations this year, the Tilson Soccer Field is completed, the new animal shelter is still in the works, Middle School steam pipe was completed, work has begun on the removal of the Senior Center from the Park and Recreation facility, Newtown High School additions are in the works, the town hall is supposed to be completed by September 30, the modular classrooms are installed, and the Greenwich Hall demolition of parking has been completed.
According to Mr. Borst, the town did receive their first economic stimulus package for the construction on Castle Hill Road and Old Castle Hill Road. The town submitted a request for $634, 997 which was granted, but after the state takes off what they have to the town will receive $585, 991.
Mr. Aurelia indicated that on Aug. 10, 2009, the Commission on Aging was informed that the site wasn’t big enough for the Senior Center and a community center. In interest of getting a community center for the town, the seniors said they will wait and backed out.
According to Mr. Borst, the original concept was to have a building that combined the Community Center and the Senior Center and a separate building for a pool, but because of the ground situation with the slopes and elevations, they were told they could only have one building for the Community Center and a Senior Center and drop the pool or you could have the senior center and a pool or a Community Center and a pool.
According to Ms. Murray, $1 million was appropriated and it included money for a design phase for the senior center. She questioned whether or not it was a problem if the senior center was listed on the Bond Appropriation.
Mr. Tait indicated that it did not have to be everything on the bond appropriated and Chairman Rodgers noted it was only a problem if something wasn’t listed on the bond appropriation.
UNFINISHED BUSINESS: Discussion and possible action: Noise Control Ordinance – Mr. Pennarola, as a point of reference, indicated that the discussion at last council meeting regarding the ordinance had to do with definition of non-residential zones. For the purpose of discussing the ordinance, he moved that the council adopted the Newtown Noise Control Ordinance Chapter 262 of the Newtown Code. Mr. Hemingway seconded the motion.
Mr. Pennarola indicated that if the Council convinced that some of the changes that Gina Wolfman had made warrant some consideration, that it would be alright with the committee.
He indicated that he sent a member of the state some of the changes to see if they passed muster. The official said he would look, but Mr. Pennarola said he has not heard back from him yet.
Mr. Pennarola indicated that the council had a couple of choices:
1) Not approve anything, meaning the council rewrites ordinance republish it, hold another public hearing and possibly run it by the DEP
2) Adopted the Ordinance as its been published
3) Approve the ordinance with the changes, send it to the DEP, and if the DEP doesn’t approve it that the next council will have to revisit it.
A public hearing is scheduled for October 7, but Mr. Pennarola indicated there were four other ordinances scheduled for that evening.
The Council did not indicate whether the ordinance would be at the hearing.
Chairman Rodgers suggested that if they had changes that the council votes to send them to the state for approval, and then take action on the ordinance. The council agreed.
After a brief discussion with Ms. Wolfman about her proposed changes and recommendations to the ordinance, the chairman thanked her for all her work.
Chairman Rodgers took a show of hands of the council to see if they wanted to proceed with the proposed ordinance without changes with only one council member, Mr. DiCandido, in favor of proceeding. Since Mr. DiCandido was the only one in favor of proceeding, the chairman directed that the ordinance committee take the Noise Control Ordinance back, wait for the answer from the state and then bring it before to the council.
Discussion and possible action: Zoning Enforcement Ordinance- Mr. Pennarola moved to adopt the Land Use Citations Ordinance Part 5, Chapter 560, of the Newtown Code that was published in the newspaper with amendments. Mrs. Llodra seconded and the motion was unanimously approved after a brief discussion.
Chairman Rodgers was concerned that if the town wants to impose a fine that the fee schedule is created for the violator and that would lead to a complaint.
According to Mr. Benson, the fines cannot exceed the number of $150 by the state. Every regulation would have a fine next to it. He noted that the fee schedule would be in the land use office not in the regulations. “It’s a deterrent,” he told the council.
Mr. Pennarola asked that the motion be amended to include the following additional wording (in italics underlined) to section 560-3. Fines of the Land Use Citations Ordinance (Part 5, Chapter 560): “The fine for each such citation shall be determined by written fee schedules established by the Land Use Agency, not to exceed $1,000 (one thousand dollars) per day for each Inland Wetland and Watercourses violation and not to exceed $150 (one hundred and fifty dollars) per day for Zoning, payable to the Town of Newtown.”
Discussion of CIP, budget and other legislative functions- According to Mr. Davis, they had a good discussion about the CIP and where they left it was that Mr. DiCandido was going to meet with Finance sub-committee.
Mr. DiCandido noted that he was not certain exactly what disagreement there is with the current CIP the way it’s presented.
Ms Murray indicated that she recommends a few changes. One suggestion she had would be that the Legislative Council receive quarterly updates on capital projects approved She told her fellow council members that she could send them a list of changes she recommends.
Mr. Davis noted that anybody who has interest in this should send their suggestions to Mr. DiCandido. Then, he added, the subcommittee can meet, air it out and comeback with a recommendation to change anything that needs to be changed.
According to Chairman Rodgers, there is a sentence that states that “the Finance Director shall maintain a five-year CIP in accordance with the regulations of the [Legislative] Council and shall submit an updated version of such plan to Board of Finance and the Legislative Council no later than the 15 of January of even numbered years.”
He pointed out that that the restriction states that neither side gets it first.
Chairman Rodgers indicated that he had a major concern about somehow making the council a body that presents to the board of finance with recommendations given its role as the ultimate last acting body. His opinion is that Board of Finance, “being an apolitical body,” should take the first swipe at it and the council “not coloring their opinion.”
Mr. DiCandido indicated that he would like to discuss the CIP now and what they can do to make it better, but does not want to see it get into the political arena.
Mrs. Llodra process -questioned that when the recommendations go to the Finance Committee for their review before it comes back here will all of us see what those recommendations are so we can also provide some reaction on those before the committee discusses them.
Mr. DiCandido suggests the council waits until after the finance committees meeting.
Chairman agreed and suggested that the council let the committee do its work.
Ms. Murray questioned whether the CIP was an ordinance.
Chairman Rodgers replied that it was and that it was actually referred to in the text of the ordinance as a regulation, but it is in fact an ordinance.
NEW BUSINESS: Discussion and possible action: Scenic Road Application - Chairman Rodgers indicated that there would be no action taken that evening on the Scenic Road application as the Board of Selectman had acted on it yet.
According to the Chairman, the council has 45-days from when the Board of Selectman takes action on it and it’s on the agenda for the next meeting.
He told those in attendance that the application was for Sherman Street and encouraged all the council members to visit it.
Chairman Rodgers said that when the Board of Selectman takes action, he would like to move on it quickly, but subsequently told the council that they have to proceed cautiously, fairly and objectively.
Discussion and possible action: Transfers - From account 01100-1002 Secretary, Assistant $9,420 and account 01490-1002, Administration $7,239 to account 01100-4063, Legal Services-Other $9,420 and account 01490-4061, Legal Services $7,239 – Mr. Pennarola moved to transfer from account 01100-1002 Secretary, Assistant $9,420 and account 01490-1002, Administration $7,239 to account 01100-4063, Legal Services-Other $9,420 and account 01490-4061, Legal Services $7,239. Mrs. Llodra seconded and the motion was unanimously carried.
According to Mr. Tait, the transfers are from 2008/2009 and are the very last transfers. He told the council that the reason for the transfers was that the town went over in legal in the selectman’s account because of the personnel issues and went over in legal services in land use because of the railroad. The town had money available in administration because an open position which was not funded yet.
From account 01320-4002 F/F Incentive Plan $7,864 to account 01320-2020 Utilities $2,573, account 01320-2028 Hydrants $4,244 and account 01330-4001 Physicals $,1047 –M r. Pennarola moved to transfer from account 01320-4002 F/F Incentive Plan $7,864 to account 01320-2020 Utilities $2,573, account 01320-2028 Hydrants $4,244 and account 01330-4001 Physicals $1,047. Mr. Hemingway seconded and the motion was unanimously approved.
Mr. Tait told the council that this was from last fiscal year. He informed them that the reason for the transfer was that the utilities and hydrants were under-budgeted and the price for each physical went up this year. Mr. Tait noted that the reason the town has money in the fire fighter incentive plan is because it’s a small pension plan for the firefighters and Newtown is paying a past service cost that finished in the middle of the year which wasn’t accounted for when the town budgeted. This year the town dramatically reduced the pension amount because past services were owed, he concluded.
PUBLIC PARTICIPATION: Guy Howard, 4 Main Street, expressed his concerns regarding the town code and the CIP process.
He told members of the council that he had a question concerning the town code.
Mr. Howard said he spoke to the Town Clerk Debbie Aurelia who told him the code was up to date except for a few items. He asked whether it was indeed just a few items.
Chairman Rodgers noted that the town clerk receives an electronic copy, which he believed to be up to date
Regarding the CIP process, Mr. Howard encouraged the council to pursue and discuss the process. He indicated that if after discussing the process it was decided that there would be no changes than that would be fine. He added that he would like to see the council to get more broadly involved and that they are comfortable with what they have, and not leave it all up to the Board of Finance.
Howard Winkler, Currituck Road, expressed his concerns about the noise ordinance.
In reference to the exclusion, he noted that the ordinance defines time in the clock of day, but not in the calendar. Indicating that the ordinance will regulate the time of day an individual will be exempt from these noise regulations, but never put a time limit to how long they can go on in terms of days.
Mr. Winkler questioned that “when something is exempt and you have warning devices such as OSHA or other federally regulated devices” are there alternatives. “In the case where this is in violation and it is an ongoing process, can we look into enforcement of some other method? Other than the warning horn, could it be done with a flag man instead if it is in violation of the noise ordinance?”
Mr. Winkler went on to say that 45 decibels mentioned in the ordinance is not practical and noted that the noise in the meeting is louder than 45 decibels and suggests that the council discuss what a reasonable noise level is.
ANNOUNCEMENTS: none
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS: none
ADJOURNMENT: Having no further business, Chairman Rodgers asked for a motion to adjourn.
Mr. Davis moved to adjourn the meeting at 9 pm. Mr. Lundquist seconded and the motion was unanimously carried.
Ted Swigart, Clerk
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