Skip Navigation
This table is used for column layout.
09-01-10

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, September 1, 2010
        Chairman Jeffrey Capeci called the meeting to order at 7:32 pm.

PRESENT:  George Ferguson III, Benjamin Spragg, James Belden, Daniel Amaral, Jan Andras, Gary Davis, Richard Woycik, Kevin Fitzgerald, Robert Merola, Mary Ann Jacob, and Chairman Jeffrey Capeci

ABSENT: Chris LaRocque

ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Town Attorney David Groggins,  Director of Economic & Community Development Liz Stocker, President of R.W. Bartley & Associates Russell Bartley, 4 members of the public and 3 members of the press.

VOTER PARTICIPATION: none

APPROVAL of the MINUTES of the regular meetings August 18, 2010:

Mrs. Jacob moved to approve the minutes of the regular meeting August 18, 2010. Mr. Woycik seconded and the motion was approved. Mr. Fitzgerald abstained as he was not present at the meeting.

COMMUNICATIONS:

        Chairman Capeci announced he had discussions with Chairman of the Board of Finance John Kortze and invited Dr. Chung to present his enrollment report at a joint meeting of the Legislative Council and the Board of Finance at either the Council’s next meeting, September 15, or first meeting in October.

        Second, Chairman Capeci informed the Board that he had spoken with Board of Education Chairman William Hart, Jr., and is considering convening a group to study the Enrollment Report and to make recommendations for actions. According to the Chairman, the group would consist of members of the Board of Education, Board of Finance, Legislative Council and the other Boards in Town. He noted that they would come back and make recommendations based on the report sometime in The Spring. Mr. Capeci said he supports Mr. Hart’s effort, but thinks The Spring may be late if they had to make any budget changes and suggests a meeting be held sooner.
        
        Mr. Ferguson asked if there was a place where one could find a copy of Dr. Chung’s Enrollment Report. Chairman Capeci replied that it could be found on the school’s website.



COMMITTEE REPORTS:

Administration Committee – Chairman Gary Davis reported that the committee had met that day and was making good progress on the communications agenda to make regular recordings of the meetings. In informed Council members that the meeting that evening was being recorded as a test run and to make sure they spoke into their microphones.
Long Range Planning – Mr. Davis explained they had talked about Long Range Planning and discussed the actual roll of the Committee in that process.
He noted that they were fortunate to have the First Selectman at the meeting offering her input.
Mr. Davis told the Council that they came up with the idea that they need to take a more wholesome look at their facilities and what the facilities will need over the long term. He concluded noting that the Committee will continue its’ dialogue with Mrs. Llodra.

Finance Committee – Chairman Spragg reported that the Finance committee had not met, but hopes to meet next week and Mr. Spragg noted they will be looking at two items: 1) The Capital Improvement Plan recommendations and 2) The Biennial preparation of the Capital Improvement Plan. He noted that he invited Finance Chairman John Kortze to attend and hopes the committee will take action on a recommendation at the next meeting. Mr. Spragg noted that he looks forward to giving that recommendation to the full Council.  

FIRST SELECTMAN’S REPORT:

        Mrs. Llodra reported that she had a couple number of items for the Council.
Permits – The First Selectman reported that at the last meeting, Mr. Ferguson had asked her to give the Council a data comparison back to 2008 regarding the permits. She noted that the data was as follows: August 2008, 154 permits, $3.4 million; August 2009, 133 permits, 2.3 million; and August 2010, 154 permits, $3.5 million. Mrs. Llodra said this was an important marker and an indication of investment in the community in residential and commercial development. She added that this year the Town anticipates bring in revenue fees of $375,000
United Water – Mrs. Llodra reported that the Town went to the United Water hearing last week anticipating it would be the final hearing, but noted that mid-way through the hearing the Commissioner said they would need one more hearing date to review all of the information provided. She added that the next hearing would take place the first week in October. Lastly, the First Selectman informed the Council that the Town had submitted a copy of a letter of support from the State Attorney General Richard Bloomenthal and, subsequently, received letters from the Brookfield legislators, all encouraging DPUC to redo, rethink and pull back on the order.   
Commercial Development Update – The First Selectman told the Council Mr. Tait and herself had met with Liz Stocker to discuss the Community Development Update for August 2010. Mrs. Llodra said Ms. Stocker gave a very nice profile and said it was informative and pleasing to see the scope of the activity in Newtown.
CCM Legislative Update – Mrs. Llodra passed out a call to action alert she received from CCM regarding a memo issued by the Office of Policy and Management (OPM) asking all state department agencies to submit budget reduction options totaling 15% of their Fiscal Year (FY) 2012 current services budget request for the FY 2013 biennial budget. The memo urges officials to contact agency heads and tell them to avoid agency cut options that would be harmful to struggling towns and cities.
DRAFT of the Plan for Maintenance and Capital Improvement of Newtown Roads – The First Selectman handed out a DRAFT Public Works Director Fred Hurley gave her of a Plan for Maintenance and Capital Improvement of Newtown Roads. Mrs. Llodra told the Council that this plan is to establish a process that will hold “us” accountable as to what happens. She added that the plan was a work in progress. Mrs. Llodra noted that the road conditions can change unexpectedly due to weather conditions and defer what is expressed as a need for something into something more urgent.
Questions for Dr. Chung – Mrs. Llodra indicated that she supported the Chairman with his call to members of the Legislative Council members urging them to come up with questions for Dr. Chung prior to his presentation of the Enrollment Report.
        
Questions regarding First Selectman’s Report–
        Mr. Woycik asked if the increase in the level of activity prevalent in 2008 was increase or if the permit activity is skewed to one sector or another. Mrs. Llodra indicated the permits were mainly for improvements to existing facilities if it’s residential and some commercial, and said they were still at 6 or 8 permits in terms of new houses. She further noted that the increase was due to homeowners investing in their property.
        
        Mr. Merola noted the permits for single family homes were 8 this year through the end of July, 9 last year and 20 the year before.

        Mrs. Llodra noted that there are a number of very small developments in the pipeline - single family housing – which are likely to emerge in a month or so. Additionally, she noted that most of the builders are being cautious and building one to three homes at a time.
        
        Chairman Capeci commented on the Maintenance and Capital Road Improvement Plan indicating it was very helpful. He believed the plan was more transparent.

        Mrs. Llodra added that the intent is that when the Town is redoing the web site, the plan on it as well as bi-weekly alerts as to where road work is being done.

UNFINISHED BUSINESS:

Conservation Commission presentation on proposed tax abatement for open space ordinance –
        Chairman Capeci announced that the Council would not be addressing the matter that evening, but would address it after it comes back from the Conservation Commission.

        Mr. Ferguson noted that the commission wants to run some examples and tighten things up first.

        Chairman Capeci added that he wants a presentation made to the full council to understand the ordinance.

NEW BUSINESS:

Discussion and possible action on: A Resolution to accept the land transfer from the State of Connecticut to the Town of Newtown for the purpose of an animal control facility –

Mr. Belden made a motion the Council consider accepting the land transfer from the State of Connecticut to the Town of Newtown for the purpose of an animal control facility. Mr. Spragg seconded.

             Mr. Belden explained that the property was part of the Fairfield Hills waste water treatment plant which was decommissioned 5 or 6 years ago. He noted that Mr. Bartley, Ms. Stocker and Mr. Groggins were in attendance to discuss the matter. Mr. Belden said that the main purpose of the land would be for an animal control facility and a dog park. The property is broken up into two parcels a lower portion flood plain area and an upper portion.

              Ms. Stocker explained her main involvement pertains to the main transfer of land from the State to the Town. She said it was approved by the State Legislature in 2004 under Public Act 04-186 in Section 8. She noted that she had two maps - one map of the location of the property on the Fairfield Hills property and the other of the actual site that was done in conjunction with the Canine Advocates of Newtown. Ms. Stocker noted that Mr. Bartley’s services were needed to do an environmental study of the property. She added that the land was donated so a facility can be there.

        Mr. Groggins said it was critical an environmental study was done and to find out whether this qualified as an establishment. He noted Mr. Bartley indicated it did qualify as an establishment.

        Mr. Spragg asked Ms. Stocker if they recommended the Council accept the site. Mrs. Llodra said the Board of Selectman recommends it.  

        Mr. Groggins noted that there has to be an impact statement filed.

        According to Mrs. Llodra, even though charter doesn’t specify the Board of Finance has to take action relative to an impact statement connected to the gifting of the land prior to the Legislative Council. She said that is the process that is typically used. Mrs. Llodra indicated that even though the Council may not take action tonight the addition of the impact statement requirement.  Furthermore, the First Selectman noted that the Board of Finance will have to take it up and pass their recommendation or no recommendation to the Council depending on their interpretation of the information.

        Mr. Woycik said he knew about the animal control facility but didn’t know about the dog park.

           Mrs. Llodra said the creation of the dog park “Park and Bark” by Parks and Recreation hasn’t come before the Council yet. She noted that the discussion of the animal control facility is different from the dog park, and includes two dog runs.

            Chairman Capeci reminded the Council that the discussion that evening was only in regards to the land transfer He added that the experts were present that evening to help Council members decide whether they should or shouldn’t accept the land transfer.

           Mr. Ferguson reiterated Mr. Spragg’s question asking if this property is something the Council should accept.

          Ms. Stocker reminded the Council the transfer of the land is from the State to the Town and a grant was used to hire Mr. Bartley to do environmental.

          Mr. Bartley passed out information to the Council before giving his presentation regarding the environmental studies that were done. According to Mr. Bartley, company tested the environmental side to see whether it conforms to the property transfer act residential soil criteria.  He explained that the soil criteria’s based on quality that it could be in your back yard for 30 years. He noted that that looked at two main criteria: ground water criteria and surface water protection criteria.
        Mr. Bartley explained that the land was originally farm land before becoming a waste water treatment facility. As a treatment facility water was originally released onto an area on site
He told the Council that there were some areas on the site with oils, underground fuel tanks, and treatment chemicals for the water.
        Mr. Bartley used the maps and charts he passed out to describe the various tests that were done to test for any possible contamination since 2007. In all, 11 ground wells were dug; additional soil testing was done; 3 borings were made for fuel oil from underground storage tanks, and sediment samples from Deep Brook upstream and downstream of the site were compared.
  
        According to Mr. Bartley, none of the tests done in April 2010 were above the criteria if someone were to drink water. However in the latest round of tests in July 2010, he noted that they picked up the presence (0.02) of the pesticide, Dieldrin, which was slightly above criteria (0.01). In addition, Mr. Bartley noted that they were getting “some leakage” from sewage pipes on the FHH property onto the site, but he added that is a “separate issue.”  
        In summary, Mr. Bartley said there was some Dieldrin but it was probably a separate issue and he told the Council that in general the site was pretty clean.
        Mr. Bartley indicated that the problem with the property was when they dismantled the trickling filters Mercury from the seal was released but it was cleaned up. He said the question was whether a hazardous substance was released on the site or not. Mr. Bartley said his contention is that it was contained in the base so it was not a release. He added that when you file the question is whether you say there was release and its ok now or whether there was no release. Mr. Bartley said there are three choices:
  • There was never a release, file with state, and back it up with documentation
  • There was a release on the property but it was cleaned up to criteria and verified by an licensed by environmental expert or commissioner of environmental protection.
  • There was a release but it doesn’t require remediation
       Mr. Bartley suggested the Town file under option three.
        Mrs. Jacob noted that Mr. Bartley’s letter summarizes what he’s done and that he recommends it, but she said “you” can’t promise “we” won’t find anything else.
Mr. Bartley said he was surprised to find the Dieldrin but noted that anything of any significance would be found in the ground water.
        Mr. Ferguson indicated that the State has agreed that if there is any significant problem with Dieldrin the State will go forward and do any remediation.
        Mr. Ferguson added that the Council has time to look at additional data before they make their decision on this.
        Mr. Bartley noted that the fourth sampling will be in October.
     
Mrs. Jacob moved to table the resolution to accept the land until, at a minimum, the Council has an impact statement. Mr. Spragg seconded and the motion was unanimously carried.

        Mr. Davis suggested that before Council members do the transfer they get an update on the projects that are scheduled to be part of the property.

Discussion and possible action on: Memorandum of Understanding between the Newtown Legislative Council and the State Bureau of School Facilities with regard to the process used to seek school construction reimbursement –
Mrs. Jacob moved to accept the Memorandum of Understanding between the Newtown Legislative Council and State Bureau of School Facilities with regard to education construction reimbursement dated September 1, 2010. Mr. Ferguson seconded.

             As he was most familiar with the matter, Chairman Capeci passed the gavel to describe memorandum. According to Mr. Capeci, since he was the author, he put in a call to the Bureau of school facilities and updated the memorandum, but he said he’s still not completely satisfied with the memorandum.
            Mr. Capeci told the Council that the purpose of the memorandum is to know it’s attainable and can be read.
            Mr. Davis asked how quickly the process has to be done.
            Mr. Capeci replied that change has already occurred David Wedge, Bureau Chief of CT Bureau of School Facilities, is no longer there so he spoke with John Goldrick who indicated he was certainly open to signing it.
            After a brief discussion and several recommended changes to the memorandum, Mr. Capeci said he would look at the memorandum, clean it up and submit the draft to the Town Attorney. The First Selectman suggested they also talk to the Board of Education.

Mrs. Jacob made a motion to table the motion has until the Council gets feedback from the Attorney Groggins and the Board of Education.

Discussion and possible action on: Kostkin, Ruffkess & Company Fraud Affidavit for 2009 Annual Report –
Mr. Spragg moved to accept the Kostkin, Ruffkess Company Fraud Affidavit, for the 2009 Annual Report. Mr. Davis seconded

            Chairman Capeci read a copy of the letter from Kostkin, Ruffkess & Company.  
Based on discussion and inquiry with members of the Legislative Council the Chairman would provide the appropriate responses to the following questions:
  • Are you aware of any actual instances fraud in town?
  • Do you have any reason to suspect fraud maybe occurring in Town?
  • Have you receive any communications from employees, former employees, regulators, residents or others alleging fraud?
  • Have you seen any changes in employees or management behavior that would lead you to be concerned fraud may be occurring?
Chairman Capeci said he would then sign it on behalf of the Council.

Mr. Spragg moved to amend his motion to authorize the Chairman to complete the affidavit and submit it to the auditor. Mr. Davis seconded the amendment to the original motion for the purpose of discussion.

            Mr. Spragg said he’s very familiar with the form and signed it each year. Basically he says its asking, “Do you know anything we should know?”

            Mr. Davis in turn asked the Chairman if he was comfortable with it. Chairman Capeci said yes and Mr. Davis said if the Chairman was comfortable with it than so was he.

Mr. Ferguson suggested the chairman poll the council as to whether they are aware of any fraud. The Chairman agreed and polled the council asking them if they were aware of anything as described in the four questions. Each member of the Council present for the poll replied no.

           Following the poll, Chairman Capeci asked for a vote on the motion as amended.
The motion was unanimously as amended was unanimously carried.    


Discussion and possible action on: Transfer from 01570-2000 Contingency Fund to 01375-003 Tickbourne Disease Action Committee the amount of $1,250 to allow commission to complete their mission expected to finish in September –
Mr. Spragg made the motion to transfer $1,250 from 01570-2000 Contingency Fund to 01375-003 Tickbourne Disease Action Committee to allow the Committee to complete their mission expected to finish in September 2010. Mr. Ferguson seconded and after a brief discussion the motion was unanimously carried.

Mr. Spragg questioned the amount of money being used mainly for meeting minutes.

Mrs. Llodra indicated that action committee has worked very hard for a very long time but ran into extenuating circumstances to come to consensus on many of the contentious issues.
             According to the reason noted on the transfer, in the fiscal year 2009-2010 the committee was appropriated $5,000. $3,325 was spent with a balance of $1,675 which fell back into the general fund, fund balance. The mission of the Tick Bourne Disease Action Committee is expected to end around September 2010. The money requested is what the committee believes they will need until September mainly for meeting minutes.


        Chairman Capeci asked if there was any other new business to which Mrs. Jacob responded yes.

New Cost of Greenhouse at the High School –
        Mrs. Jacob said she wished to discuss the increase in cost of the greenhouse at the Newtown High School from the approved $75,000 to $400,000. She asked if the Council had any authority to ask what’s going on.

        When Public Building and Site received the request, Mrs. Llodra said the Chairman Bob Mitchell was unwilling to make that commitment unless he had further discussion with other officials.
She noted that when it first came to them it was $500,000 and both of them agreed that amount of money was too large to consider for a greenhouse. According to the First Selectman, the Board of Education did some re-scoping of project and narrowed it down to $400,000. Mrs. Llodra added that she and Mr. Mitchell are still reluctant to sign off on the project.
        Mrs. Jacob made three points before closing:

  • Extraordinary cost – understands the need of a green house, but the cost is huge
  • Knows it’s “legal” to use contingency, but doesn’t think use of contingency account is to spend it on something you didn’t intend to build in the first place
  • Can’t help but wonder who else is making money on this deal.  Why are they building something so expensive?
        According to Mrs. Jacob, the people who live down the road from her just recently had a two-story prefab colonial put in that didn’t cost that much.

        Mr. Woycik referred to Dr. Chung’s study which indicated that there would be a long term decline in the student population and question whether or not the greenhouse project could be downsized.

        

VOTER PARTICIPATION:
           
         Joe Hovious, 3 Leopard Drive, Chairman of the Conservation Commission, told Council members he has been watching the property clean up from a distance. He added that he thinks it should be preserved. Mr. Hovious said he thinks it’s consistent with plan of development that the Town preserves land along the streams. Mr. Horus commended Mr. Bartley on doing a good job addressing those present at the meeting. In closing, he posed to questions. First, he asked what would happen if the Town accepted the property from state and more contaminants are found later. He thinks Town should make sure state is still responsible.
Second, he suggests that although the pesticide, Dieldrin, is reportedly coming from off-site he thinks the sample was quite a ways from where the sewers are and asks the Town to look into it.

            Barbara O’Connor, 36 Little Brook Lane, was astounded by Mrs. Jacob’s question about this greenhouse for $400,000. She asked the Council to look into it and answer two questions: How many children are involved in this program?  And who’s making money on this deal?



ANNOUNCEMENTS:

            Chairman Capeci announced Mr. Merola will replace former Council member, John Aurelia, as Chairman of the Public Safety Committee. He hopes the committee will be reorganized, as well.
        
        
ADJOURNMENT:

Mr. Belden moved to adjourn the meeting at 10:03 pm. Mr. Fitzgerald seconded and the motion was unanimously approved.




Ted Swigart, Clerk                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 * Minutes are not finalized until approved at the next regularly scheduled meeting.