Approved Minutes of the Regular Meeting of the Legislative Council
Held in the Municipal Board Room, 3 Primrose Street, Newtown, Connecticut
Wednesday, March 17, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:34 pm.
PRESENT:
Jan Andras, George Ferguson III, John Aurelia Sr., Kevin Fitzgerald, Chris LaRocque, Richard Woycik, Benjamin Spragg, James Belden, Gary Davis, Daniel Amaral and Jeffrey Capeci.
ABSENT:
Mary Ann Jacob
ALSO PRESENT:
First Selectman Patricia Llodra, Finance Director Bob Tait, Land Use Deputy Director Rob Sibley, 2 members of the press and 27 members of the public.
VOTER PARTICIPATION:
Michael Burton, 107 Glen Road, Sandy Hook – spoke on behalf of the 15 other individuals who came with him to the meeting to support putting the Sandy Hook Streetscape and Waterline onto the CIP (Capital Improvement Plan). He told the council that putting the waterline in would spur development and that the streetscape would keep things going.
Ray Ruzek, 17 Maltbie Road, Sandy Hook – gave the council some insight into some of the positive development the sidewalks, streetscape and waterline would bring in. According to Mr. Ruzek, he was planning to build an 8,000 square foot structure and would like to use the streetscape similar to that which is planned on his own property. He also noted that he owns property across from the former Sandy Hook Garage and told the council that the garage can’t be sold because there isn’t any water. Furthermore, he said if the waterline was put in the garage could be sold and the town would collect $170,000 in back taxes. Mr. Ruzek noted that Vito the owner of Villa Restaurant plans to build 20,000 square feet on that property and also thinks the streetscape will help the appearance of the businesses. He
concluded stating that Sandy Hook is one of the busiest areas of the town and by doing sidewalks, streetscape and the waterline would realize what was put on paper in the 1990’s.
Mike Kerler, 8 Sweet Briar Lane, Sandy Hook - owner of Sandy Hook Wine & Liquor, told the council he supported improvements in Sandy Hook. He told the council that the sidewalks give customers the idea that they can walk to the stores and noted that property and store owners have taken it to the next level and organized community events. Mr. Curler told the council that there’s a lot of work they would like to do down there.
Bryan Atherton, 7 Black Walnut Drive - informed the council that he has been a resident since the 1980’s and when he first there he was embarrassed to say he was from Sandy Hook, but now he’s proud to say he has a business in town. Mr. Atherton told the council that the town benefits because there are a lot of individuals who own businesses in sandy Hook who are from out of town. He noted that the streetscape helps attract tenants and concluded by urging the council to accelerate the improvements.
Rob Manna, 100 Glen Road, Sandy Hook – urged the council to consider the Board of Fire Commissioners request and fully fund the $1.5 million for the Hook and Ladder firehouse. He concluded by stating that the fire department provides safety for the town and asked them to provide safety for the fire department.
Bob Rau, 12 Lake Road, Sandy Hook, chairman of the Economic Development Commission – thanked the council for their time and urged them to consider the waterline and streetscape indicating that the investment would more than pay back the money expended.
Ben Roberts, 19 Ferrell Road, Sandy Hook, also a tenant on Riverside Road – asked the town to find a way to make the streetscape and waterline happen. He noted that with the $1.5 million in bonding and getting $175,000 in back taxes was a huge “net positive.”
Joe Tartaglia, 105 Church Hill Road – the streetscape is what drew him to the area.
APPROVAL OF THE MINUTES of March 3, 2010:
Mr. Ferguson request that minutes be tabled as there were a number of items and details that needed to be tended to.
Mr. Spragg noted one significant item that need to be corrected on page 2, second paragraph, under the Finance Committee report should read, “. . . the committee also finalized preliminary recommendations on the Capital Improvement Regulation . . .”
COMMUNICATIONS:
Chairman Capeci said he hopes everyone is getting the emails in regards to the budget as the council gets closer to deliberations.
Mr. Aurelia reported that he had receive an email from Chairman of the Public Safety Commission Bill Halstead urging the council to support the extension of the water main in Sandy Hook noting that more fire hydrants could be added and he system would loops back to the school and center of town which would help increase the water pressure.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra reported that she had two items for the council. The first item was a document she handed out from Liz Stocker listing the grants since 1995. She told the council that the source of funding for grants has been depleted but hoped there would be a return to having more funding. The second item she said was that the Board of Finance approved the charge to establish a Fairfield Hills Master Plan Review Committee. Mrs. Llodra noted they were going to look at the composition of the committee including the number of members on the committee and where they are from. She extended an invitation to anyone interesting in serving on the committee to contact the First Selectman’s office.
Mr. Tait handed out a worksheet explaining the 3% mill increase vs. a 1.5% budget increase in the Board of Finance’s recommended budget for 2010-2011.
According to Mr. Tait, the budget revenues amount of change was $1,542,900 or 3.26% from 2009-2010 Amended Budget of $102,910,715 to 2010-2011 Board of Finance Recommended Budget of $104,453, 615. He noted that budget expenditures amount of change was $1,542,900 or 1.50% from 2009-2010 Amended Budget of $102,910,715 to $104,453,615. Mr. Tait also noted that the current year taxes increased $2,905,105 or 3.26%. He reported that those who pay for increase in taxes new assessments (increase in Grand List) $227,894 or .26% increase and existing assessments (current tax payers) $2,677,211 or 3% increase, hence 3% increase in mill rate. Mr. Tait noted that if there were no new assessments mill rate would increase 3.26%.
Mr. Spragg noted that in the line item under Selectman’s legal other account and land use account was overdrawn and asked the first selectman why. Mrs. Llodra indicated that they had looked at the funding of account since 2006 and with the exception of the year 2007/2008 – legal services for each year were more than the funding of the account. According to the first selectman, they did a review of all legal services other and found they were all pretty standard events. In the land use legal services account, Mrs. Llodra stated that there is a significant contribution from that account related to the Housatonic Valley Railroad which explains the draw in that account.
Mr. Fitzgerald asked a Mr. Tait to explain the fund balance and use of it this year compared to last year. Mr. Tait noted that anytime one uses fund balance they are basically budgeting deficit. It is the accumulative savings since the beginning of annual surpluses and deficits. He explained that in the past they used the charter to fund balance, but they changed that last year. Mr. Tait said that last year they budgeted 2.6% and used $800,000. He said they didn’t use the whole 2.6% because project at high school was delayed. Mr. Tait added that this year they budgeted $ 2 million annually and they are going to use $2 million. He further explained that budget expenditures are directly funded by the balance revenue. The finance director noted that they are right now within the fund
balance policy - last year was at 7.5%, this year a little over 6% and in a year or so 5.8%.
Mr. Davis thanked the Board of Selectman for the charge it put together with a plan to put this forward to broad range group individuals. Mrs. Llodra indicated selectmen began this past Monday. She noted their decision was not politically oriented, but instead they looked at the skills, attributes, etc. of each individual. Mrs. Llodra noted the board is at the beginning stages of that.
Mr. Davis also thanked Mr. Tait for his information and asked if he could get more information as to how mill rate is impacted and if the town lowers or increases the budget. Mr. Tait said he will produce a chart. He noted that 1/10 of a mill is $380,000.
Mr. LaRocque asked the first selectman when a review committee would be up and running if everything went perfectly. Mrs. Llodra said certainly by the beginning of May is her intent and indicated that the Board of Selectman has a meeting April 6, 2010. She said the board will look at the quality of attributes of the persons and move to the naming. She noted that they have eight individuals who have submitted their resumes.
COMMITTEE REPORTS:
Administration Committee –
Mr. Davis reported that the committee met that evening and reviewed the budget and they will again March 31, 2010 to discuss deliberations.
Finance Committee –
Mr. Spragg reported that the Finance Committee met last month to discuss CIP. He said the Finance Committee met with representatives from the fire commission, Hook and Ladder, Sandy Hook business representatives, the first selectman as well as several council committee chairmen and came up with a recommendation. Mr. Spragg said they also discussed a charge that was given to them on recommendation for a letter to the state senator and representatives regarding the sun setting legislation and for the conveyance taxes and for raising lower revenues.
Mr. Spragg said the Finance Committee unanimously recommends the council adopt the letter and that the chairman sees that the letter is sent to Senator McKinney, Representative Hovey and Representative Lyddy. He had copies of the letter distributed to the council and had Mr. LaRocque read the letter into the record.
Mr. Spragg stated that legislation is being taken up at the general assembly right now and urged the chairman that the council moves on the issue right away.
Mr. Capeci indicated that he would have liked more time to review and discuss the content of the letter, but would entertain a motion to send a letter if that is the will of the council.
Mr. Woycik made a motion to send to Senator McKinney and~Representatives Hovey and Lyddy the letter~of support for bills extending the conveyance tax increase and enable additional local taxation as presented by the Finance Committee.~ Mr. Belden seconded and the motion was carried 9-2 with Chairman Capeci and Mr. Aurelia in opposition.
Mr. Spragg noted that the Finance Committee’s next meeting will be April 6, 2010 when they will take up the budget. He asked that council committee chairmen to get their recommendations for their parts of the budget to the Finance Committee by March 30, 2010.
Education Committee –
Mr. LaRocque said that as of yet the committee had no updates on the Middle School roof designs or the green house. He also noted that they tabled the excess cost grant because the motion failed to be discussed last night. Mr. LaRocque told the council that the commission discussed the $480,000 in frozen dollars and said it appears $200,000 has already been spent. He noted that their next meeting will be March 23, 2010 in the Mary Hawley Room of the old town hall and said the Education Committee will meet again March 29, 2010 to discuss recommendations.
Mr. Spragg noted that the report indicated approximately $500,000 in frozen funds to cover the states excess cost grant came in lower than anticipated. He recommended this be sent to the Board of Finance and indicated that the money can be used to reduce the tax burden in the next budget.
Chairman Capeci said they can’t refer it to the Board of Finance, but said he will have a discussion with the Chairman of the Board of Finance.
Mr. Davis indicated he would like to see updated information by the time the finance committee deliberates April 6, 2010. He noted that having the most up to date information will help with what is brought to the council.
In regards to the “frozen $480,000”, Mr. Woycik told the council he has been attending all the Board of Education meetings and informed the council that the money is being spent. He emphasized that the money is not frozen and there is not $480,000.
Public Safety Committee –
Mr. Aurelia reported that the committee met March 10, 2010 and the meeting was very informative and recommended anyone who wishes can go to the town’s web site and view the minutes. He also told the council that he attended a meeting with Mrs. Llodra, Scott Semple from Garner Correctional and Police Chief Michael Kehoe at Nunnawauk Meadows to reassure the residents there were emergency plan s in place in the event of an escape. Mr. Aurelia said the meeting last for about an hour.
In an effort to allow Mr. Sibley to get home to spend time with his family, Chairman Capeci moved New Business up from after Unfinished Business.
NEW BUSINESS:
Discussion and possible action on proposed changes by Land Use Agency to Flood Plane Ordinance –
Mr. Sibley versed the council on the back ground of the Flood Plane Ordinance and indicated that it has remained unchanged since the 1960’s until the wake of Hurricane Katrina. He told the council that the federal government originally required local authorities to adopt ordinances with their municipalities and said the plan was administered through FEMA and FERM mapping Flood Planes. Mr. Sibley noted that since Katrina there has been a national change to modify the maps and the news maps were to be adopted in 2003. Mr. Sibley said a Community Rating System was established to recognize municipalities who participated in programs that reduce flooding and helps reduce insurances that are required by law. He noted that FIRM maps were made by insurance companies and the Army Corps of Engineers of flood
ways and planes for periods of time such as 100 year and 500 year; and said the cumbersome system that recognized the potential of where flooding might happen.
According to Mr. Sibley, the land use agency is looking at language changes and adoption of the maps. He noted that the State already made changes to the languages in ordinance which are already supported by the DEP. The deputy director said it is the land use agency’s recommendations are a culmination of the review by the DEP and by the Feds to the town us and the changes that are necessary to meet the new changes in CRF 44.5. Mr. Sibley went on to say the current code book numbers in Newtown are not reflected. The town will have to have a final document with the correct numbers within the timeline given.
Mr. Sibley stated the only real changes for New England are costal because the data says the sea levels are rising. He noted that the state didn’t act by county so the Feds said we were too complicated and as a result the state didn’t change the maps. Mr. Sibley said the State was given a six month period. Since they recognize the end of December, the state has until June 18, 2010 or they freeze all federal funding in municipalities.
Mr. Spragg said he would like to know if any financial impact to the town or residents in changing the ordinance.
Mr. Sibley said that part of the ordinance was broadened to include mobile homes that are stationary - basically manufactured homes - because of Katrina issues.
Mr. Spragg moved to refer the proposed changes by the Land Use Agency to the Flood Plane Ordinance 5B to the Ordinance Committee. Mr. Davis second and motion was unanimously carried.
UNFINISHED BUSINESS:
Special Budget Meeting scheduled for April 14, 2010 –
Chairman Capeci told members of the council that the next two sessions of the Legislative Council would be held at 7pm in the Lecture Hall at the Newtown High School: the Public Hearing Thursday, March 25, 2010, and the deliberative meeting Wednesday, April 7, 2010. He noted that an additional deliberative meeting will be held on Wednesday, April 14, for deliberations if necessary.
Objectives of the Administration Committee –
Mr. Davis referred fellow council members to the copy of the recommendations from the Administration Committee during its stay on the council.
Mr. Davis moved that the council charge the Administration Committee with moving forward with the five objectives circulated with the agenda for the March 17 meeting. The areas, in which the committee would focus, are: Budget Review, Communications, Long-Range Planning, Review Council Regulations and Enhanced Grant Writing. Mr. Aurelia seconded and the motion was unanimously approved.
2010 – 2014 Capital Improvement Plan (CIP) –
Mr. Spragg told the council that the Finance Committee had two recommendations regarding the CIP.
In regards to Recommendation #1, Mr. Spragg moved the council return the Capital Improvement Plan to the Board of Finance to undertake the following:
- Expedite the bidding process for the year-one projects to make sure the projects are not taking more of the Town’s resources than are needed: and review the High School project for the surplus available from the variance between what was approved and the bid award to determine if there are any more capital funds available.
As a result of the biding process and reviews there will be funds available for reallocation while staying under the 10% cap. The Board of Finance should look again at moving needed projects up in the plan with any funds that become available per the above.
- Reflect the school building grant for the Middle School Roof in the CIP project listing. (Gross cost less school building grant) and change Year 1 to reflect the $1,000,000 proposed for the Capital Road Program.
- Move these projects into Year 1 of the plan: Sandy Hook Streetscape at $200,000 and Sandy Hook Water Main at $450,000.
- In Years 2 and 3, add Hook & Ladder Building at $500,000 each year (for a total of $1,500,000 which includes $500,000 in Year 1) and Sandy Hook Streetscape at $200,000 each year.
- In Years 4 and 5, add Sandy Hook Streetscape at $200,000 each year.
- Move underground electrical project at Fairfield Hills out of years 1 and 3, placing it in years 4 and 5. This will free up additional funds in years 1 and 3.
Ms. Andras seconded and the motion was unanimously carried following a short discussion.
Mrs. Llodra reminded council members she had promised to do more research on the “temporary” utility poles up at Fairfield Hills at the council meeting March 3, and recently she worked with AT&T and CL&P researching the definition of “temporary”. She noted that the individuals from AT&T, who installed the poles, indicated the poles are temporary but are not unsafe. According to Mrs. Llodra AT&T told her they would fix the poles that were leaning. She noted that CL&P indicated the existing string of wires were insufficient to carry load if more users were added, but said they were sufficient for the time being.
Speaking on behalf of the Board of Selectmen, the first selectman said they were comfortable with the options to reorder the priority of burying the utility lines.
Mr. Woycik asked the first selectman if anything changed regarding Fairfield Hills would she come back to the council to change the CIP. Mrs. Llodra said yes as long as the project doesn’t disappear from the plan and the council welcomes the return to the plan.
Mr. Amaral noted that before going with that half million he would like to have plans with the amounts. Mrs. Spragg said Mr. Amaral was correct and noted that the funding decisions would be made annually.
Mr. Davis the council needs to be diligent once the plan is approved and insure costs coming before them are accurate.
Mr. Spragg said the committee is recommending the town return to the CIP and move some more projects up in the plan.
In regards to Recommendation #2, Mr. Spragg moved that the council charge the Finance Committee with investigating whether the town should move to preparation of the CIP bi-annually. Mr. Davis seconded and the motion was unanimously approved following a brief discussion.
According to Mr. Spragg, the town always did bi-annual recommendations and noted 9 years ago the Board of Finance was established to look at it annually.
Mr. LaRocque added that a lot of this was about the process standpoint and efficiency.
ANNOUNCEMENTS: none
VOTER PARTICIPATION:
Mr. Burton thanked the council for their consideration and thanked the district representatives and Mrs. Llodra. In turn, Chairman Capeci thanked Mr. Burton for his participation.
Mr. Roberts also thanked the council for their time and consideration.
ADJOURNMENT:
Having no further business, Mr. Woycik moved to adjourn at 9:18 pm. Mr. LaRocque seconded and the motion was unanimously carried.
Ted Swigart, Clerk
(Note: These minutes were approved by the Legislative Council at their meeting Wednesday, April 7, 2010)
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