Approved Minutes of the Regular Meeting of the Legislative Council
Held in the Municipal Board Room, 3 Primrose Street, Newtown, Connecticut
Wednesday, March 3, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:32 pm.
PRESENT:
Jan Andras, George Ferguson III, John Aurelia Sr., Kevin Fitzgerald, Chris LaRocque, Richard Woycik, Mary Ann Jacob, Benjamin Spragg, James Belden, Gary Davis, Daniel Amaral and Jeffrey Capeci.
ABSENT: None
ALSO PRESENT:
First Selectman Patricia Llodra, Finance Director Bob Tait, Superintendent of Schools Janet Robinson, Chairman of the Board of Education Lillian Bittman, Chairman of the Board of Finance John Kortze, one member of the press and 15 members of the public
VOTER PARTICIPATION:
Joanne Marcinek, 22 Honey Lane, asked the council to put the improvements to Honey Lane and Nutmeg Lane on a fast track for renovation. She submitted a petition with 52-signatures and photos to be attached to the minutes per Chairman Capeci.
Michael Burton, 107 Glen Road, member of the Board of Fire Commissioners, spoke in favor of the Sandy Hook Streetscape. He urged the council to move the plan forward to year one rather than plan for it in year four of the five-year CIP. Mr. Burton stressed that the streetscape has been pushed back every year over the last several years. He told commissioners that inaction has cost the town money.
Ray Rusek, 17 Maltbie Road, told commissioners that he has been involved in trying to get the Streetscape done since the 1990’s. He told commissioners that the streetscape is important for the character of the town and he added that the center of Sandy Hook is a major intersection and key area. The streetscape would help generate revenue by attracting businesses into the area. He concluded by stating that the entire project could be completed in 2-years.
APPROVAL OF THE MINUTES of February 17, 2010:
Ms. Andras moved to accept the minutes of February 17, 2010 as corrected. Mr. LaRocque seconded and the motion was unanimously carried.
CORRECTIONS:
Mr. Spragg offered the following correction page 2, first sentence replace “board’s” with “bond” and on page 3, under Transfer request, he asked that it be reflected in the minutes that he asked Mrs. Llodra what the method they used to select agencies for funding from the town and how they decide the funding levels and Mrs. Llodra replied that the selectman don’t have any applications.
Chairman Capeci suggested the following under Approval of minutes, corrections, 6th line, “Mr. Ferguson made the motion to table,” not Mr. Woycik; and page 3, under Transfer request, the spelling of Nickie Singer is with “ie”. not “y”.
Mr. Ferguson noted the following page 1, under Approval of minutes, corrections, 9th line, change “failing vote” to “failed vote”; page 2, under First Selectman’s Report, 2nd sentence, remove the word “to” and the period after $102,000; page 3, under Announcements, 2nd paragraph, add the word “said” after Mr. Capeci; and page 2, under the Committee Reports, Education, add the month to the meeting dates “March” 25 and “March” 30.
COMMUNICATIONS: none
COMMITTEE REPORTS:
Education Committee –
Mrs. Jacob, Education Committee Chairman, reported that at a recent Board of Finance meeting the Board of Finance presented a resolution asking the Board of Education to refund to the general fund $480,000 that they expected might be surplus because the excess cost grant was going to come in higher than had been anticipated. She noted that the motion was tabled in order for the Board of Education to assess that and added that the deficit will be somewhere around $69,000 to $150,000 instead.
Mrs. Jacob updated council members on the greenhouse issue at the school and the appropriateness of using bonding money it. She indicated that the Building and Grounds Committee had taken responsibility for the action and reported that in the original bonding they appropriated $30,000 to $50,000 to move the green house. She stated that the committee is currently in discussions with the contractor about whether he bears any responsibility for the green house falling apart when it was moved. Mrs. Jacob noted that Building and Site did authorize Fletcher Thomson to design a new greenhouse that is going to cost an additional $150,000 and said it was given to the Board of Education to approve and go out to bid.
In regards to the CIP, Mrs. Jacob indicated that the Board of Education is targeting all the new programs to meet strategic plan goals.
Finally, she reported that the RFQs came back from respondents for design of the Middle School roof, but they’re currently being reviewed.
Finance Committee
Mr. Spragg, Chairman of the Finance Committee, reported that the Finance Committee met February 18, 2010, and took up the issue of Fairfield Hills’ negative leases. He reported that the Committee is still gathering information.
According to Mr. Spragg, the Committee also finalized preliminary recommendations on the Capital Improvement Regulation, and said those recommendations are out to the Board of Education, the Board of Selectman and the Board of Finance for comment. Once the Finance Committee gets those comments back, Mr. Spragg said they will meet and get out a final recommendation to the Council.
In conclusion, Mr. Spragg reported that the Committee is still having discussions on the conveyance tax and other ways to lessen impact to the tax payers.
Administration Committee –
Mr. Davis, Administration Committee chairman, reported that the Committee met that evening and came to conclusion on objectives they would like to pursue as a committee and will submit them to the council next week. He told Council Members that the Committee is doing budget review at their next meeting March 17, and added that Mr. Spragg is putting forth ideas to better process how we fund not-for-profit organizations.
Mrs. Jacob asked if they would be looking into a way of linking email communications so members of the various boards and committees could receive all notices of meetings automatically. Mr. Davis said the town clerk has set up a similar system on the town website. Mrs. Jacobs wanted the record to show she had several constituents ask her about that.
Public Safety Committee
Mr. Aurelia, Chairman of the Public Safety Committee, said they are currently trying to arrange a CIP meeting with Hook and Ladder.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra informed council members that she only had two items for them. First, she reported that she had a legislative update from CCM noting that she received some interesting information regarding new proposals. According to the First Selectman, the Governor identified $45 million in unspecified cuts in municipal aid for next year. Second, Mrs. Llodra discussed communications. She indicated that the Town needed to improve its website and noted that the current template was outdated. To resolve the situation, Mrs. Llodra said they need to get a group together to look at new templates and added that she has identified three people for that group already.
UNFINISHED BUSINESS:
Discussion and Possible action on date for Budget Special Meeting scheduled for April 14, 2010
Chairman Capeci told council members that he hopes to have the Lecture Hall at the High School for the meeting on April 14, 2010.
NEW BUSINESS:
Discussion and possible action on 2010-2014 Capital Improvement Plan
Mrs. Llodra announced that Mr. Tait would be distributing town budget books and said she would like a couple of minutes after the meeting to go over how to locate information in that book.
Over the course of the next two hours, Council Members had the chance to hear presentations by Mr. Kortze and Ms. Bittman regarding the CIP and provided spirited feedback.
The main focus of the session regarded the proposed 5-year CIP and what year some of the projects would fall under. Key discussions focused on the Middle School Roof (year 1), Sandy Hook Streetscape (year 4), Hook & Ladder Fire House (years 1 & 2), Hawley School HVAC (years 2, 3 & 4) and the demolition of the vacant buildings (years 2 & 4) and the burial of the power lines at Fairfield Hills (year 1 & 3).
Although estimated costs were listed on the CIP, Council Members questioned what the exact costs would be and why some of the costs were so high such as the replacement of the Middle School roof.
Board of Finance Chairman
Mr. Kortze began by making a comment in regards to the idea of a freeze the board of education has currently. He noted that from the Board of Finance’s perspective, if there’s a need for the Board of Education to understand difference in funding it is certainly reasonable; but he added that conceptually to the Board of Finance the amount of funding the Board of Education gets - although important to them - is irrelevant to the concept. Mr. Kortze stated that the Board of Finance’s concept was whether or not – regardless of the number - to float the concept of whether that portion that was already encumbered on the Town side - $1.2 million plus an add back from refunding and savings of $800,000 - should be shared.
Mr. Kortze offered to come in a go over the entire CIP process with the new Council Members. He indicated that what the Council had in front of them – all the data on the CIP - was an amalgamation of what the Board of Education presented and the Board of Selectman has presented. He noted that it is for the next five years and stressed that the next year was going to be the most critical because the budget we’re working on will have a corresponding debt service to approve.
The Board of Finance tries to respect what the Board of Education has and what the Board of Selectman has from the top down. When we get to the cap we consider moving out or removing or whenever possible decreasing it to keep everything in the same realm. He emphasized that this year was different because Mrs. Llodra and Ms. Bittman got together and talked about the CIP on a number of occasions. Mr. Kortze noted that this actually made the Board of Finance’s job easier.
According to Mr. Kortze, there are a handful of projects for the town. The Board of Education has one major issue each and every year. This is consistent with staying just at or slightly below the 10% guideline.
He called the Council’s attention to the guideline instituted by the Board of Finance last year. He referred to the chart the Board came up with where the slope of the growth in the budget is their 10% line, with the two blocks below it representing the debt services already approved and the proposed service. Mr. Kortze stated that the slope of line is directly correlated with the budget and noted that last year the Board of Finance adopted policy where they would take an average for last four years plus what they think the current year would be to obtain the slope. So, he added the average for four years, plus the average of what they think the budget will be this year, which makes the slope this year just under 3%.
Referring to the draft of the CIP, Mr. Kortze called the Council’s attention to the bottom lines on each year - what was requested, and what the Board of Finance is proposing. He explained that the totals for year two of the five year plan were low because that is when the High School indebtedness comes on. The Finance Chairman noted that what is depicted on the draft of the CIP is consistent with a prudent average growth rate in budget.
Mr. Spragg said he would expect the 5-year CIP will be referred to the Council’s Finance Committee. He noted that the Committee can’t take it up until next month and said he believes the Board of Finance’s process starts in May. Furthermore, Mr. Spragg indicated that this 5-year plan may take 13-months to approve and he suggested that the Board of Finance consider a two-year plan instead.
Mr. Kortze responded by making a couple of points. He noted that this year took longer because of the issues at hand – the biggest were political, which he emphasized that the Board of Finance was not. According to Mr. Kortze, at his suggestion, they extended time to the Board of Education and to Board of Selectman – the Board of Education because of new Members and the Board of Selectman because of Fairfield Hills.
The first year in the 5-year plan, he noted, was most critical because of the dept service. Mr. Kortze explained that the first year is the most critical and added that the plan does change, but hasn’t changed a lot, the issues that are there don’t go away. The Finance Chairman noted that it’s not what the Board of Finance does – the priorities on the Town’s side have changed. Mr. Kortze reported that regulations call for the Board of Finance to get Board of Education by the end of the summer and the Town the month after that.
Mr. Spragg once again suggested that the Board of Finance take up the CIP every two years. He noted that if the Board of Education or the Board of Selectman feels changes are necessary they can come in. He added that the Council is in an awkward position. The budget is coming in soon and there are a number of things to look at.
Mr. Kortze stressed that from the Board’s perspective they wouldn’t like the idea of a CIP every two years. He told the Council that the Chairman of the Board of Education went out on a limb working with the First Selectman. He believes it’s a function of the times having a 5-year CIP.
Mr. Davis noted that Mr. Spragg’s idea had merit and wanted a chance for the Finance Committee to look at it. He had a question about the current process. He asked if the current process the Board of Finance is undertaking is a linear process where projects come in year five and work their way through the system or is it a process that is re-evaluated every year.
Mr. Kortze said the latter – re-evaluation every year. He indicated that five out of six of the Board of Finance thought the high school expansion was too big. Furthermore, he believes this is a capital spending plan and not a strategic plan.
Mr. Kortze noted that the middle school roof has been pushed out quite a bit now and is the number one priority. He noted that the Board of Finance makes recommendations and figures out how to pay for them.
Referring to the dollar amount to replace the Middle School roof, Mr. Amaral asked the Finance Chairman if that was the amount that was going to be spent or the amount of the bond. Mr. Kortze explained that the numbers were in their estimates to a certain extent and noted the town would not spend more than the resolution.
Board of Education Chairman
Ms. Bittman told council members the Board had created a sub-committee to address issues. One such task was to look at the Hawley Schools aged HVAC. According to Ms. Bittman, they split duct work into two phases to make it more manageable. The design phase in year 2 of the CIP is a new way of looking at HVAC.
She informed the Council that they are currently checking the facility from stem to stern.
Ms. Bittman recommended that at some point she would like the Council to hear from the Facilities Sub-committee.
Mr. LaRocque asked if Mr. Kortze felt confident that the estimates the Council had are the best numbers and that all the numbers were based on good solid background research. Mr. Kortze noted that at this stage the Town is at it’s the best they can do.
Mr. Woycik asked that if a bond for $1.5 million, the bid falls in that range, and the actual cost was $1.25 million, who would monitor what was done with the return of $250,000 to the town. Mr. Kortze noted that the town wouldn’t bond what they didn’t need. Mr. Tait agreed with Mr. Kortze. He noted they would be issuing a “de-authorization bond resolution” soon to let everyone know what hasn’t been spent.
At 8:40 pm, Chairman Capeci opened the floor to questions regarding the CIP.
Mrs. Jacob questioned the money for the Sandy Hook streetscape project.
Mrs. Llodra responded that the money would provide for items including the improved intersection, improved sidewalks, curbs, street lighting and landscaping on Washington Road East, Riverside Road South and Glen Road West. Phase 1 and Phase 2 are each $300,000. She noted that they did not find any place where they could put in $1,500.000 without kicking out something else.
Mrs. Llodra emphasized that the challenge was looking at the CIP and making a decision. How can you line up priorities?
Mr. Davis asked why the $325,000 for year 4 and the $300,000 for year 5 of the Sandy Hook Streetscape couldn’t be moved into year 1 and year 2. He indicated this would help generate revenue and added that the Town is in a situation with the economy where the investment would be good. Mr. Davis suggested that it be moved forward and switched with the Fairfield Hills project.
Mrs. Llodra responded indicating that scheduled in year 1 of the CIP is the first part of the second phase of the project at Fairfield Hills to bury the electric lines. She noted that the poles that were installed are temporary and assured Council Members that they’re not unsafe but the poles were not put in to be permanent.
The First Selectman told the Council that the original project was well in excess of $1 million and it was reduced to $650,000 over a two phase approach. According to Mrs. Llodra, Town workers will dig the trenches and lay the conduit and the rest of the cost is for the electric company.
In regards to the demolition of Danbury Hall scheduled in year 2 of the CIP, the First Selectman said the security cost is part of the vacant buildings. Mrs. Llodra added that the buildings are continuing to deteriorate. She added that the Town needs to take down six or seven empty buildings and Danbury Hall is the least expensive for demolition.
Mrs. Llodra agreed that the streetscape was important, but noted that everything is in competition with everything else for priority placement on the CIP and there must be clear cut criteria for how everything is spent.
Mr. Davis indicated that wooden poles can be seen all across town and Connecticut, and questioned why the wooden poles up at Fairfield Hills won’t last a few more years.
Mrs. Llodra indicated she will bring back information.
Mr. Ferguson said he recalled the project and that the poles were temporary and they were just stuck in the ground. He said he’s familiar with the urgency around some of the items but struggles with funding towards Fairfield Hills that tax payers can’t view. Mr. Ferguson noted that he doesn’t see the urgency there and believes that other things should be moved up in the 5-year plan.
Mrs. Llodra responded that the majority of the cost - in excess of $500,000 - is for security needed for the empty buildings, which she noted pushes out the cost to all the tax payers.
Mr. Fitzgerald noted that the temporary poles should last 10 years or more and indicated that he would like to wait for a review of Fairfield Hills to happen.
Mrs. Llodra says that the temporary poles have to come down whether the lines get buried or permanent poles are put up it doesn’t matter. She said she believed current poles have been up two and a half years.
Chairman Capeci asked if special appropriations if they are at a $500,000 threshold would they go to a public meeting. Mr. Tait, Mr. Kortze and Mrs. Llodra said yes, anything over $500,000.
Mr. Aurelia called council members attention to the Hook and Ladder addition to house the engine. He recognized that there was $500,000 in year 1 and $250,000 in year 2, but noted that after that he saw nothing else and remarked that the building is as old as Edmond Town Hall.
According to Mrs. Llodra, if the CIP survives in this form the Board of Selectman will have further conversations with Hook and Ladder. The First Selectman reminded the council that Hook and Ladder always intended to take out a mortgage. She noted that as the Town gets into year 3 of the CIP and circumstances have changed, the Town can look at things differently, she added.
Mr. Aurelia stated that he worried more about having a functional firehouse than burying utility lines. Mrs. Llodra indicated that the status of the firehouse is still unknown.
Mr. Fitzgerald asked if there was any thought given to Hawleyville Design District.
Mrs. Llodra replied that there was nothing in the CIP for Hawleyville Design District. She indicated that she was hoping to transfer the design in Sandy Hook and use it for Hawleyville.
Mr. Woycik noted that there was a certain amount of fluidity in the CIP. He noted that there are still some unresolved issues surrounding Hook and Ladder and asked if complications would arise with getting mortgage. Furthermore, he asked that as consequence if it does not move forward would it not be the opportunity to move those funds out.
Mrs. Llodra responded that if Sandy Hook is still not funded the money goes into account earmarked for Sandy Hook or the town realigns priorities and use it for something else.
Mr. Capeci questioned how Hook and Ladder was spending the $500,000 in year 1. He said he’s unclear on how money is being spent and asked if it is all for design and engineering.
Mrs. Llodra stated that she doesn’t know, and more of the details are coming forward. She told the council that there is a complete redesign with a person working pro bono and said the intention was to go back through the permitting process. The First Selectman added that an architectural drawing has not been completed.
Mr. Aurelia said he feels they will have all the information after their Committee’s meeting.
Mr. Ferguson stated that he’s been looking at what’s been submitted $500,000. He believes what has been submitted is woefully inadequate. Mr. Ferguson noted that they need a case for support and unless this gets improved within next few weeks it should be moved off for something that is “shovel ready.”
Mrs. Llodra suggested the council invite Mr. Manna and other representatives from Hook and Ladder to come in and share their project.
Mr. LaRocque said he agrees with Mr. Ferguson. He said that the town needs to talk about studies, offsetting the mill rate, bringing in tax revenue. He noted that bringing in economic development helps offset other areas. Mr. LaRocque questioned how she views work at Fairfield Hills.
Mrs. Llodra indicated that the reducing the vacant buildings reduces the cost overtime and is another way of looking at return on investment.
Hook and Ladder –
Mr. Burton, a member of the fire commission, explained that Hook and Ladder would use year 1 of the CIP funding strictly for constructing the building and said use of the funds depends on the land use process.
Mr. Capeci asked if Mr. Burton knew if Hook and Ladder intended on using all the money in year 1 and Mr. Burton responded that he didn’t know.
Ms. Andras asked Mr. Burton if Hook and Ladder ever got their share of the money years ago when the prison was built. Mr. Burton indicated he didn’t know.
Mr. Woycik asked Mr. Burton what the actual cost of the project would be. Mr. Burton noted that the request was for $1.5 million for the construction of the building.
Mr. Capeci added that what the Council sees here in year 1 and 2 of the 5-year CIP is roughly half of what Hook and Ladder is expecting from the Town.
Mrs. Llodra noted that the actual cost of the project is unknown until they have information from the architect and the project goes out to bid all numbers are a proximal.
Mr. Ferguson warned council members that once they commit $500,000 the Town is on the hook and said the council needs to understand what it is getting into. He assured those in attendance that he is “for” the project, but added that he is not sure it is “shovel ready” for the CIP.
Mrs. Llodra noted that once the town knows the readiness that will trigger conversation.
According to Mrs. Llodra, the board of selectman is committing to $750,000 they have no further out year commitment.
Mr. Ferguson asked how a mortgage was going to be obtained. Mrs. Llodra said it’s up to Hook and Ladder.
Mr. Fitzgerald asked that if the Town had a half million available what would be moved forward. Mrs. Llodra said it was a competition between the water main and the streetscape. She noted that the water main is a critical component and should be done before the streetscape.
Chairman Capeci stated that he wanted more information on the status of the temporary utility poles. He also noted that he wants Hook and Ladder to come address the board and that he also wants to hear from Liz Stocker, Ron Bolmer and Fred Hurley.
Mr. Davis believes that it would nice to have somebody come in from the Sandy Hook Streetscape.
Mr. Ferguson noted that the Council wants to see more specifics.
Board of Education Chairman
Ms. Bittman noted that she had a meeting with the First Selectman in September to look at everything. She stressed that the Town and the schools should not be in competition. Ms. Bittman noted it is just as important to her to have Sandy Hook Streetscape as it is to have things for the schools.
The Board of Education Chairman emphasized the Superintendent’s stance that the boilers at the Hawley School are old and if the oldest boiler goes the Town could have a crisis and might have to close the School until they get a new boiler. She added that that’s why it’s important to keep the funds where they are.
Ms. Bittman said the largest concern of Board is that they can’t lose sight of Hawley School. She relayed her concern to the Council that the Middle School roof is a crisis and that the leaks are unbelievable, but said she was “very excited about the low bid.”
Mr. Fitzgerald questioned the scenario at Hawley School and said that the risk is the same and the boilers could breakdown in year one. Ms. Bittman stated that the cost is somewhere between $30,000 and $60,000 to bring in a boiler and noted that closing the school when it breaks down is the risk.
Mr. Davis asked if the Board of Education is committed to the Middle School building for now. Ms. Bittman said yes.
Chairman Capeci expressed his concern that the availability of grants from the state in the future is uncertain and it would be wise to consider the funding without the grants.
In regards to the total cost of $4.6 million to replace the Middle School roof, Mr. Davis clarified that the Town was bonding $2.9 million and $1.7 million was coming from a grant.
Mr. Ferguson asked Ms. Bittman what a 4 plus million dollar roof looks like. He said it sounds like we could build a fire house for that amount of money and noted that the amount for the roof was a huge number. Chairman Capeci told Mr. Ferguson that he assumes the school Board did their diligence.
Ms. Bittman reminded the Council that it was a large roof and that a school building has certain regulations it must adhere to.
Mrs. Llodra wanted to clarify that the reason why the design phase for the Hawley School was moved from year 1 to year 2 was because it needed to be followed immediately by the $3 million phase 1 for the HVAC. She noted that could not take place in year 2, it had to take place in year 3.
Mr. Ferguson suggested that the purchasing authority should look for local content. Mrs. Llodra said that the Town is obligated to exercise the bid in a fair and open fashion.
Ms. Andras moved to refer the entire Capital Improvement Plan (CIP) to the Finance Committee with the pieces to the sub-committees. Mr. Belden seconded and the motion was unanimously approved.
ANNOUNCEMENTS:
Chairman Capeci welcomed Mr. Amaral back after his surgery.
Mr. Fitzgerald announced that Inlands Wetlands denied the application by Newtown Transload last week.
VOTER PARTICIPATION: none
POSSIBLE EXECUTIVE SESSION AND ACTION ON LEGAL MATTERS:
Mr. Aurelia moved to go into executive session to discuss legal matters at 10:58 pm and invited Mrs. Llodra and Mr. Tait to attend. Mr. Amaral seconded and the motion was unanimously carried.
At this time the clerk left the meeting.
After a lengthily discussion, executive session closed and the regular meeting was reopened.
Mrs. Jacob moved to authorize the Town of Newtown to commence legal action against Donald Bryant of 34 Brushy Hill Road for enforcement of zoning violations.~ The motion was seconded by Ms. Andras and passed unanimously.
Mrs. Jacob moved to authorize the Town of Newtown to commence legal action against~Daniel Holmes of 6 Farmery Lane for enforcement of zoning violations.~ The motion was seconded by Mr. Fitzgerald and passed.~ Ayes:~Chairman Capeci, Mr. Amaral, Mr. LaRocque, Mr. Fitzgerald, Ms. Andras, Mrs. Jacob, Mr. Davis, Mr. Spragg. Nay: Mr. Aurelia. Abstentions: Mr. Belden, Mr. Ferguson and~Mr. Woycik.
A motion to adjourn was made by Mr. Ferguson. Mr. Belden seconded and the motion passed unanimously at around 11:50PM.
~
Ted Swigart, Clerk
(Note: These minutes were approved by the Legislative Council at their meeting Wednesday, April 7, 2010)
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