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THESE MINUTES ARE SUBJECT TO APPROVAL BY BOARD OF SELECTMEN
The Board of Selectmen held a regular meeting on Monday, January 3, 2011 at the Newtown Municipal Center, 3 Primrose Street, Newtown. First Selectman Llodra called the meeting to order at 7:35pm.
PRESENT: First Selectman E. Patricia Llodra, Selectman William F.L. Rodgers, Selectman William F. Furrier.
ALSO PRESENT: Finance Director Robert Tait, five members of the public and three members of the press.
VOTER PARTICIPATION: Barbara O’Connor, Little Brook Lane questioned the increase of $425,000 saying she recalled a $750,000 appropriation under Herb Rosenthal’s administration for architectural and engineering services for the planning and design of a Parks and Recreation Community Center/Senior Center. First Selectman Llodra said many numbers were discussed in the process and there is currently $800,000 in the CIP, four years out, for the final drawings, including the construction drawings. There are three or four activities that take place in funding a project of this scale. Approximately $300,000 was spent on design purposes; the balance was spent to demolish Litchfield and Yale. Mr. Tait will elaborate on this further. Mr. Furrier stated the appropriation wasn’t actually approved until referendum.
Ruby Johnson, 16 Chestnut Hill Road said she attended a Planning and Zoning meeting where affordable housing was discussed; maybe this is something for the Board of Selectman to consider. P&Z paid a consultant; it would’ve been better for them to get input from various boards and commissions as to where we are headed as a town. There needs to be more work on getting the public involved. Ms. Johnson thinks there should be more communication with the public to help in understanding the expenses involved in the Community Center project. Is the $425,000 just for abatement? What happens if there is a surplus, will it be used for something else?
ACCEPTANCE OF THE MINUTES: Selectman Rodgers moved to accept the minutes of December 20, 2010 for discussion. Selectman Furrier seconded. Selectman Rodgers changed ‘suggested’ to ‘inquired’ on page 2, sentence nine. Also in the section regarding Mr. Maurer, Selectman Rodgers feels housing at Fairfield Hills would be a horrible idea, legally, in terms of people moving to the nuisance and becoming an impediment to mixed use. Mr. Maurer raised the interesting point, echoed by Selectman Rodgers, that there could be a value judgment, on behalf of the town, that we want to put some type of housing that is an independent basis to consider housing. If there is some need the town wanted to meet, it would override the concern that normally housing would be a
problem, because it would remain a problem to mixed use development, but it might be justified. Selectman Furrier added to his statement on page 2, sentence ten ‘that should be included in questions asked in the public poll’. First Selectman Llodra corrected page 3, section 3, Pension Review/Update, sentence 3, the word rate is corrected to the word wage. All in favor of the acceptance of the amended minutes of December 20, 2010.
COMMUNICATIONS: none.
FINANCE DIRECTOR REPORT: none.
OLD BUSINESS:
Discussion and possible action:
- Use of Municipal Space: A final draft was supplied to the Selectmen to be acted on at the next meeting.
- Implementation Plan – Plan of Conservation and Development: A draft was supplied to the Selectmen; it is on the Legislative Council agenda for 1/6/11. Selectman Rodgers commented that when looking at the subtitles of the various points and sections he doesn’t think this is so much to do with an implementation plan for the POCD as comments on the POCD itself; that is a distinction the Legislative Council should be made aware of.
Resolution: A RESOLUTION AMENDING A RESOLUTION APPROPRIATING $1,000,000 FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PLANNING AND DESIGN OF A PARK AND RECREATION COMMUNITY CENTER/SENIOR CENTER AND AUTHORIZING THE ISSUANCE OF $1,000,000 BONDS OF THE TOWN TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.
(The purpose of the resolution is to increase the total appropriation and bond authorization by $425,000 from $1,000,000 to $1,425,000. The additional $425,000 is appropriated for additional work, including but not limited to, asbestos abatement and demolition.)
Mr. Tait stated that funds left over from bonding cannot be used for any other purposes. Typically, we try not to over bond. If we do over bond the money is put into the debt service fund to offset future debt service. He went over the timeline for Architectural & Engineering Services for the Planning & Design of a Parks & Recreation Community Center/Senior Center (Att. A). TRC is responsible for project monitoring, the day to day demolition. Russell Bartley is the environmental consultant, as required by the State. Mr. Rodgers stated that most of the time line spoken about, pre-resolution, were actions involving the Capital Improvement Plan, a Plan that frequently changes through time. He noted because the public doesn’t know, it doesn’t mean it wasn’t
investigated and it isn’t part of the public record; all we can do is put it in the public record and hope that those interested will review and ask questions. Mr. Tait said that the Middle School roof project is going to be significantly less than expected so the effect of the extra $425,000 on bonding won’t be above and beyond any of the schedules done on the CIP. First Selectman Llodra said that the $425,000 will not be spent on only abatement. Monies remaining in the original appropriation will be used to continue the abatement work. All the money is used for the project in total. Selectman Rodgers moved to resolve to amend the prior resolution appropriating $1,000,000 for architectural and engineering services for the planning and design of a park and recreation community center/senior center and the authorizing of the issuance of $1,000,000 bonds of the town to meet said appropriation and pending the issuance thereof the making of
temporary borrowings for such purpose by specifically adding the additional sum of $425,000 pursuant to the written resolution (Att. B) and to waive the reading of the entire resolution. Selectman Furrier seconded for discussion. Mr. Furrier said the Legislative Council moved and directed the Board of Selectmen to call a Town Meeting if it is deemed legal by the Town Attorney and asked if the Town Attorney did find a Town Meeting would be illegal. First Selectman Llodra stated that the Town Attorney did find a Town Meeting would be illegal. We are not allowed, by charter, to move to a Town Meeting the responsibility of the Legislative Council as specified by charter. There is not a legal opinion, in writing, as the Town Attorney referred to the charter and analyzed the language of the charter. Mr. Furrier read from the charter When, in the opinion of the Legislative Council, a special or emergency appropriation requires a larger
expenditure of money than can reasonably be raised by taxation in a single year, the Legislative Council may provide or may recommend to a special Town Meeting a method of financing such expenditures over a period of years through the issuance of bonds or notes of the Town. Mr. Furrier said that he interprets that statement as saying that if the money is not in the budget and we need to bond money, it can be the decision of the Legislative Council to recommend a special Town Meeting for the purposes of approving expenditures that are included in the issuance of those bonds. Selectman Rodgers stated the sentence says the Legislative Council can recommend bonding but can’t say this must go to a Town Meeting. First Selectman Llodra said that many were interested in sending this question to a Town Meeting, there was never any intent to prevent this from going to a Town Meeting if it was legal, but it is not legal. Selectman Furrier stated another
avenue to take is to increase the amount of the resolution to above $500,000. If the resolution was tabled and a request was passed to the Legislative Council to increase the amount then it would be within their legal rights to call for a Town Meeting, if it is what they want. Selectman Furrier said it is clear that is what they want because they voted for it and the Board of Selectmen, members of the Board of Finance and members of the public want it also. First Selectman Llodra stated that we do not ask to borrow more money than we need. Mr. Tait said he has never seen an appropriation increased in any town just to get it over the limit; it doesn’t make sense. First Selectman Llodra said that this item will proceed with the confidence that what is being done is right, legal and has been discussed in depth at four meetings, there is no attempt to hide any information, and anything anybody wants to know is available. It is foolishness to borrow
more money than needed. Selectman Rodgers noted that the genesis of the additional money came from the discovery of additional materials that needed to be abated and remediated. He would hate to see this, something we are obligated to do, go to a town meeting and be turned down for reasons wholly unrelated to the particular issues at hand but just as a carryover of Fairfield Hills controversy. This is something that is appropriately resolved at this level. First Selectman Llodra said the issue is that this is affiliated with a project at Fairfield Hills; as a community we need to get past that. This property should not be treated differently as long as every project is handled with this degree of diligence and integrity. Mr. Furrier said that work at Fairfield Hills serves the master plan where work elsewhere serves the residents. Mr. Furrier said that there is a total reluctance to accept the fact that there is a large body of the public
that wishes this to be addressed. He said at a time when we are trying to build trust that something like this is not a very good thing. First Selectman Llodra stated there is a responsibility to address the needs of the entire town, not just portions of the town that exist through a different venue than Fairfield Hills. We have a responsibility to remove that building and that is a service to the community. Selectman Rodgers stated Fairfield Hills is a town asset, there are going to be expenditures associated with a town asset that are not unique to the particular town asset; there are categorical expenditures that happen every place. Motion passed 2-1 (YES: Llodra, Rodgers), (NO: Furrier).
NEW BUSINESS:
Discussion and possible action:
1. Appointments/Reappointments: Selectman Rodgers moved the re-appointment of Edward Marks to the Parks and Recreation Commission for a term to expire Jan. 6, 2013. Selectman Furrier seconded. All in favor. Selectman Furrier moved the re-appointment of Sarah Hemingway to the Sustainable Energy Commission for a term to expire Jan. 6, 2014. Selectman Rodgers seconded. All in favor. Selectman Rodgers moved the appointment of Richard Monkton to the Pension Committee for a term to expire Jan. 6, 2013. Selectman Furrier seconded. All in favor.
VOTER COMMENT: Ruby Johnson, 16 Chestnut Hill Road is pleased to hear Selectman Rodgers speak about housing at Fairfield Hills and the spill over. She stated the board is an unusual, magnificent board that go at each other, exchange views and speak to the public; she enjoys coming to the meetings and appreciates what the board does.
First Selectman Llodra stated the board would enter a non-meeting to discuss negotiations.
ANNOUNCEMENTS: none noted.
ADJOURNMENT: Having no further business the Board of Selectman adjourned their
regular meeting at 8:35pm
Respectfully submitted,
______________________________
Susan Marcinek, Clerk
Att. A: P&R Community Center/Senior Center timeline
Att. B: Resolution
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