Minutes of the Regular Meeting of the Legislative Council
Held in the Board Room in the Newtown Municipal Center,
3 Primrose Street, Newtown, Connecticut
Wednesday, June 2, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:35 pm.
PRESENT: George Ferguson III, John Aurelia Sr., Chris LaRocque, Richard Woycik, Benjamin Spragg, James Belden, Gary Davis, Daniel Amaral, Jan Andras, Mary Ann Jacob, and Chairman Jeffrey Capeci
ABSENT: Kevin Fitzgerald
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Board of Education member William Hart, Newtown Public Schools Director of Facilities Gino Faiella, Director 4 members of the public and 3 members of the press.
VOTER PARTICIPATION: none
APPROVAL of the MINUTES of the meetings of May 19, 2010: After a brief discussion the Council agreed that the minutes from the May 19, 2010 meeting be tabled until the next meeting.
COMMUNICATIONS: none
COMMITTEE REPORTS:
Ordinance Committee – Mr. Ferguson reported that the Ordinance Committee met prior to the Council’s meeting that evening and made a motion recommending that the Council adopt the Design Advisory Board Ordinance as amended. He said the Board will be comprised of 3 members and 2 alternates with quorum size of 2. Mr. Ferguson noted that the hearing should be on Wednesday, June 2, 2010. In addition, he said the committee discussed the Flood Ordinance and met with Police Chief Michael Kehoe to discuss the proposed Sexual Offender Ordinance.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra told the Council she had a few items to share with them.
CIP – According to First Selectman, when developing the CIP between the Board of Finance and the Legislative Council adjustments were made in hopes that quotes would come in with some margins and that the projects would go out to bid as soon as possible.
Mrs. Llodra noted that there were two projects which carried over from the CIP:
- The demolition of Litchfield Hall and the Yale Labs next to NYA ($612,000) along with the removal of a large pile of dirt. The project was rebid and awarded to Cherry Hill Construction for $58,000 less.
- The Roof Project on the Trades Lanes Maintenance Building ($608,000) which would be done in three phases: the Roof, Interior I and Interior II. The project was awarded for $1,000 less than anticipated.
Chairman Capeci questioned whether the pile of dirt was valuable and the town could sell it, and Mrs. Llodra informed him that she had spoken to Director of Public Works Fred Hurley who said they had already used all the valuable material.
Federal Stimulus Money - Mrs. Llodra reported that the town will be receiving $625,000 for road work through Federal Stimulus program for Castle Hill and Castle Meadow. She noted that the actual amount the Town will receive is $585,000 because the state takes the rest as a pass through fee. According to the First Selectman, the actual cost will be $542,000 but the town doesn’t get the difference. She added that the extra will help if there are change orders.
Water – The First Selectman announced that the Old Mill Dam in CIP is completely specked out and all signed off on and it will go out to bid soon. She noted that there is still $450 left in CIP.
Streetscape – Mrs. Llodra reported that the streetscape in Sandy Hook Center on the corner of Washington Avenue and Riverside Road is still going through the permitting process. She said she was assured by developers that the approach is workable.
Newtown Hook and Ladder – the First Selectman said she had a conversation with Rob Manna and said they are continuing to move forward. They have the sewer plan and the traffic plan and the next step is to go through the Borough Planning and Zoning.
Permit Activity – Mrs. Llodra reported that for the third month in a row there has been an “up-tick” in the permits granted. The difference in the value of the permits is $53,724. She added that she hopes this is an indication that things have stabilized in the local economy.
Insurance Consultant - the First Selectman said the Town has completed the process and selected Lindberg and Ripple as their insurance consultant. She added that they will start July 1, 2010.
UNFINISHED BUSINESS:
Discussion and possible action on amendments to an ordinance entitled “Design Advisory Board”, Chapter 27 Newtown Code -
Mr. Ferguson moved that the Legislative Council adopted the Design Advisory Board Ordinance Chapter 27 of the Newtown Code. Mr. Belden seconded and after a brief explanation of the changes to the ordinance the motion was unanimously approved.
Mr. Ferguson said the changes were to the constitution of the board from three members to three members and two alternates with a quorum of two.
Chairman Capeci told all those in attendance that Lilla Dean, Chairman of the Planning and Zoning Commission, spoke at the hearing earlier that evening and said “this was a perfect solution” by having more members to call upon.
NEW BUSINESS:
Discussion and possible action on: Proposed Ordinance on an option to abate taxes on open space in exchange for transfer of development rights to municipality -
Mr. Ferguson made the motion to move the proposed ordinance on an option to abate taxes on open space in exchange for transfer of development rights to municipality to the Ordinance Committee for discussion. Mr. Woycik seconded and following a lengthily discussion the motion was unanimously carried.
According to Mr. Ferguson, the proposed ordinance came as recommendation from the Board of Selectman, but he has not seen it yet.
Chairman Capeci the Board of Selectman unanimously referred it to the Legislative Council on May 3, 2010. He added that Conservation Commission Chairman Joe Hovious discussed the merits of the ordinance as well.
Mr. Spragg said he would like to have people come and discuss such proposals rather than send letters. He said it appears to be a good ordinance, but he doesn’t know much about it.
Mr. Aurelia reminded the Council that the proposed ordinance was published in the paper and went through a public hearing. He noted that it should go before the Council’s Ordinance Committee.
Mr. Capeci agreed with Mr. Aurelia and reminded commissioners that typically questions are asked at the Ordinance Committee level.
Mrs. Llodra told members of the Council that the Board of Selectman passed the concept to the Legislative Council with the idea the concept would be forwarded to the Ordinance Committee.
Mr. Davis agreed with Mr. Sprague and said better information is needed as things come in. He suggests a document be submitted about the path and background of the proposed ordinance.
Mr. Aurelia agreed with Mr. Spragg’s idea and said that a presentation could be brought forward after the Ordinance Committee has refined it. He added that the Flood Plain Ordinance was 18-pages and could have had a summary. Mr. Aurelia stressed that its best to have the questions addressed after it has been massaged by the Ordinance Committee.
Chairman Capeci said he will discuss the matter with the Chairman of the Ordinance Committee.
Mr. Woycik agreed and said that basically Mr. Spragg is asking for an executive summary about what has been done which highlights the main points.
Discussion and possible action on: Proposed Ordinance Fire Lane -
Mr. Ferguson made the motion to move the Fire Lane Ordinance to the Ordinance Committee for discussion. Mr. Aurelia seconded and the motion was unanimously approved.
Discussion and possible action on: A Resolution Entitled “Resolution Providing For A Special Appropriation In The Amount Of $4,257,690 For Roof Replacement At Newtown Middle School And Authorizing The Issuance Of $4,257,690 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose -
Ms. Andras moved to adopt a Resolution Providing For a Special Appropriation in the Amount of $4,257,690 for Roof Replacement at Newtown Middle School and Authorizing the Issuance of $4,257,690 Bonds of the Town to Meet said Appropriation and Pending the Issuance thereof the Making of Temporary Borrowings For Such Purpose. Mr. Ferguson seconded and following a fifty-minute discussion the motion was unanimously approved in a roll call vote.
According to Mr. Hart, part of the process is getting the State reimbursement and the Town must authorize them to take it to the State. He noted that it’s a lengthily process and would like to get it going. Mr. Hart Stressed that the Middle School roof is bad - there are lots of leaks and it is a potential health hazard. In summary, he told the Council that they need to get it to the State to get it back to get it out to bid to get it done.
Mrs. Jacob expressed her concern about approving the money before it goes out to bid.
Mr. Faiella noted that it can’t go out to bid with prior written approval.
Mrs. Llodra told the Council that the entire amount goes forward before going out to bid. She added that the State Bureau of School Facilities says this is the process and approval is need by the Bureau going out to bid. Mrs. Llodra stressed that the steps are very clear that the Bureau wants schools to follow.
The First Selectman explained that the Board of Education was asked to do a study of the low, medium and high end bids for the project and they selected the best project. According to Mrs. Llodra the Board of Education selected the high end because the low end didn’t meet the requirements of the grant.
Mr. Hart added that if the State didn’t approve their request the Board of education would go back and probably select the lower bid.
Mr. Faiella the number for the project is from Leech a professional estimator.
Mrs. Llodra said that the Town would only appropriate what they need.
Mr. Woycik asked if there was a specific time line in order to be awarded State subsidy for the roof.
Mr. Hart explained that when the CIP was approved in January they went out to get and engineering study and then had to go to the Board of Finance and the Board of Education.
Mr. Tait noted that the approved schematics form ED-049 has to be approved before you bid and three resolutions must accompany it - Authorize Board of Education, Establish Public Site Committee, and Site Schematics. He added that there are a lot of deadlines and if the Town misses the deadline they will have to wait and get it a year later.
Mr. Spragg told the Council he doesn’t think they should act until they get the Leech report and a financial impact statement. He added that he thinks the resolution should be tabled until the Legislative Council’s Special Meeting the following week when the Council has all the information.
Mr. Faiella told the Council that the entire project will take three or four months.
Mrs. Llodra informed Council members that if the State bonding isn’t done by the June 30, 2010 deadline than the project doesn’t get into that fiscal year.
Based on a 30% reimbursement - $1.3 million for the project, Mr. Spragg surmised if the Town doesn’t make the deadline they will have to come up with $1.3 million.
Mrs. Llodra emphasized that they need to get the work started while the children aren’t in school. She stressed that the end game is to get the work done before bad weather sets in adding that the freeze and thaw will cause the roof to leak and clearly it is a health issue.
According to Mr. Faiella, the architectural firm has a project manager that is in their bid and he noted that the roof should last 20 years.
In regards to any hidden costs, Mr. Amaral question if there might be asbestos in the roof, and Mr. Faiella reassured him that the roof was cored and no asbestos was found.
In compliance with state requirements as described by Mr. Tait, the Council approved the following to accompany the resolution.
Mrs. Jacob moved that the Newtown Legislative Council authorizes the Newtown Board of Education to apply to the Commissioner of Education and to accept or reject a grant for roof replacement at the Newtown Middle School. Mr. Aurelia seconded and the motion was unanimously carried.
Mrs. Jacob moved that the Public Building and Site Commission is hereby established as the building committee with regard to the Newtown Middle School roof replacement project. Mr. Belden seconded and the motion was unanimously approved.
Mrs. Jacob moved that the Newtown Legislative Council hereby authorizes at least the preparation of schematic drawings and outline specifications for the Newtown Middle School roof replacement project. Mr. Woycik seconded and the motion was unanimously carried.
Ms. Andras moved to authorize and direct the Board of Selectman to call a Special Town Meeting to consider and act upon the resolution entitled “Resolution Providing For A Special Appropriation In the Amount of $4,257,690 For Roof Replacement At the Newtown Middle School And Authorizing the Issuance of $4,257,690 Bonds of the Town to Meet said Appropriation and Pending the Issuance thereof the Making of Temporary Borrowings For Such Purpose”. Mr. Belden seconded and the motion was unanimously approved.
Discussion and possible action on: Possible litigation Town of Newtown vs. United Water Company -
Mrs. Jacob moved to authorize the Town to seek Intervention Status in the possible litigation of Newtown vs. United Water Company. Mr. Belden seconded and following a twenty minute discussion the motion was unanimously approved.
Mrs. Llodra told the Council she did not know if the Town will be required to take intervention status. She informed them that the controversy surrounds United Water taking water to Brookfield from the Town’s sole source aquifer. According to the First Selectman, United water has not been forthcoming about their intentions.
She added that there have been several meetings. Mrs. Llodra explained that the Town has engaged full involvement with State Representative Chris Liddy who called DPH and DPUC. She noted that after meetings with all those agencies what was revealed was that United Water was not forthcoming – so much so the state halted the project.
According to Mr. Belden, the Water Utility Council is made up of water companies that reports to DPUC; and decides where the water goes and must notify every stake holder. This he said wasn’t done. He believes that the United Water may be able to take water out based on erroneous information and says he feels the water from the aquifer may be more than they propose effecting Newtown’s future growth.
Mrs. Llodra said the Town is looking for the Legislative Council’s support so it can come to the Council for more specific support in the near future.
Mr. Ferguson said he would support the motion and told Council members that according to the World Future Society water will be the oil of the 21st Century. He question whether the aquifer might collapse when empty causing it to no longer provide water. Mr. Ferguson also noted that litigation and other actions may be required when dealing with a multi-national corporation.
Mrs. Llodra reminded the Council that even though Newtown sits on the water they don’t own it and she indicated that DPUC has the right to determine where the water goes
Discussion and possible action on: A Letter to DEP Commissioner, Amy Marella affirming council support for letter written by former chairman, William Rodgers dated October 8, 2009 –
Mrs. Jacob made the motion to authorize the Legislative Council Chairman Jeffrey Capeci to send a letter regarding the Housatonic Railroad to DEP Commissioner, Amy Marella, affirming the Legislative Council support for the letter written by former Legislative Council Chairman Will Rodgers dated October 8, 2009. Mr. Woycik seconded and the motion was unanimously approved following a brief discussion.
VOTER PARTICIPATION: none
ANNOUNCEMENTS:
Chairman Capeci said he had two announcements.
The Chairman said the first was the issue regarding the alleged conflict of interest of Mrs. Jacob sitting on the Council’s Education Committee while working as a clerk in the school library. According to Chairman Capeci, he asked Town Attorney David Grogins about the matter and Mr. Grogins said he felt there was no conflict of interest because her position did not give her line item control. The chairman went on to summarize a letter he received from the Town Attorney. “While there isn’t a conflict of interest, he believes Ms. Jacob’s effectiveness on the Education Committee may be jeopardized.”
Much to the dismay of fellow Council members, the Chairman announced that Mrs. Jacob would step down from the Legislative Council’s Education Committee. On a lighter note, he added that he hopes to make another announcement soon as to her replacement.
Second, Chairman Capeci announced that the Council needs to hold a Special Meeting one-week from that evening, hopefully to set a Mill Rate
The Council agreed to Wednesday, June 9, 2010 at 7:30pm.
Mr. Ferguson expressed his dismay in Mrs. Jacob leaving the Education Committee and said he thought of stepping down as well when he heard the news but knows he must continue. He cautioned fellow Council members that they all need to be careful not to let conflicts of interest get in the way.
EXECUTIVE SESSION: none
ADJOURNMENT:
Mr. Woycik moved to adjourn the meeting at 10:03 pm. Mr. Belden seconded and the motion was unanimously approved.
Ted Swigart, Clerk
* Minutes are not finalized until approved at the next regularly scheduled meeting.
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