Legislative Council

LEGISLATIVE COUNCIL REGULAR MEETING COUNCIL CHAMBERS, 3 PRIMROSE STREET, NEWTOWN, CT AUGUST 7, 2024 MINUTES PRESENT: Keith Alexander, Jordana Bloom, Laura Miller, John Zachos, Jill Soderholm, Jennifer Nicoletti, Heather Dean, Derek Pisani, Ben Ruben, Chris Gardner (joining remotely) NOT PRESENT: Eric Paradis, Tom Long ALSO PRESENT: First Selectman Jeff Capeci, Finance Director Glenys Salas, members of the public CALL TO ORDER: Keith Alexander called the meeting to order noting there was no video operator or microphones available for the meeting - and that Chris Gardner was attending remotely by phone - before leading the Pledge of Allegiance at 7:35pm VOTER COMMENTS: David Ackert, 6 Cider Mill Road reiterated points made in an email to the council - which is attached below. He is seeking transparency around the process of disposing of town owned property. MINUTES: Motion by: Jordana Bloom to accept the minutes from the Regular Meeting of June 26, 2024; 2nd by Ben Ruben - All in favor COMMUNICATIONS: See attached COMMITTEE REPORTS: Mr. Gardner related by phone that he went to a budget committee meeting July 8 with the Board of Finance, which wants to estab a working group with finance board, Board of Education and council members to serve as a sounding board and gather information regarding the 2025-26 budget development process with the goal of helping facilitate a more transparent & collaborative budget development process. Mr. Gardner said the hope is for all parties involved to work better together in anticipation of a difficult budget year. The panel will need one more council member. Mr. Alexander expressed a concern that such a group may get in the way of work to be done. Mr. Gardner replied that there is no intention of trying to micromanage the process but to research and share ideas on how to deal with anticipated financial challenges. The meetings would start by late September. Ms. Bloom expressed concern over the number of council and external meetings council officials are already attending. Ms. Miller believes such a panel may be a good idea with a new Superintendent coming on board. Mr. Capeci said he doesn't want finance board and work group to get ahead of the process. He will meet with organizers and decide what might be prioritized and which can wait. The first selectman will work with them, but will only be able to provide information available from departments ahead of their deadline for '25-'26 budget proposals. Ms. Miller shared that the Recycling Committee met earlier that evening and witnessed a rigorous presentation from the HRRA (Housatonic Regional Resource Authority). She said it will be linked to the municipal website providing details on various programs available to the Newtown Transfer Station. The committee will need to make recommendations. Newtown is in its 2nd year of a pilot program involving orange bag waste disposal & food scrap recycling. A decision will need to be reached on to whether to keep one or both active. Ms. Nicoletti expressed thanks for a presentation on Title 9 FIRST SELECTMAN'S REPORT: Mr. Capeci reported the Board of Selectmen voted in favor of Reservoir Road to be discontinued, and detailed meeting discussion. He noted that the Newtown Pension Committee is seeking authorization to allow qualified employees to transact withdrawal of funds from their retirement plans. The process was approved by selectmen and would impact both Town and BOE staff. Mr. Capeci said an interested party wants to purchase the site an property at 3 Main Street - the former Newtown Police headquarters. He believes the prior selectmen voted to approve the site for sale. He will confirm and report back at a future council meeting. The first selectman's office and finance director have received multiple FOI requests. Staff is compiling data that will be sent to the Town Attorney to redact private / privileged information. Fulfillment is expected to take time, and there is a provision to charge the requestor under a state stipulated guideline. Mr. capeci is hoping Ord. 179 on soliciting can be updated to incorporate door-to-door canvassing - particularly for services instead of products. The first selectman received a report from the Tax Assessor's Office which discovered over 4,000 local license plates that are not in the Grand List. A process will be developed and letters will go out to potentially offending taxpayers / vehicle owners. Prior to that, there are plans to cross reference those license plates with various data sources available to that vendor. On a query from Mr. Alexander regarding pension withdrawals, Mr. Capeci noted that a lot of municipalities are allowing workers over 59.5 years old to take funds from their retirement plans. It is considered an additional benefit, and does not incur extra expense to the municipality. Ms. Salas clarified that the benefit is only available to those participating in Newtown's 401k plan - not in the more recent defined benefit plan. FINANCE DIRECTOR’S REPORT: Ms. Salas said she clarified details about use of ARPA funds for the Hawley School HVAC project with the US. Dept. of the Treasury; reported that the Town's changeover to ADP for payroll processing and management is progressing with employee enrollment commencing on August 8. She reported a smaller than previously forecasted employee self-insured medical benefits plan deficit. The Employee Medical Insurance Board plans to meet August 12 to facilitate a plan to tackle the $1.7 million deficit and planned 2025 rate increases. Once the plan is done, it will be presented to selectmen, the finance board, and council. On the query from Mr. Pisani, about options to convert back to a commercial benefit carrier, Ms. Salas replied there was no current benefit savings from separating from the current self-insured medical benefits plan, and that current labor contracts prohibit changing plans, co-pays or deductibles. The cost of the plan may be higher than private marketplace because of negotiated low deductibles with no latitude to make changes. After further discussion around queries from Ms. Miller and Mr. Ruben, Ms. Salas confirmed a spike in claims this year were "one-offs," and that the plan should experience a flattening of costs. However, there are uncontrollable industry drivers including prescription and other medical services that are at play in relation to cost increases as well. Ms. Salas then presented a budget report update attached below. She reviewed details about a number of department budgets - stating her office is anticipating a strong close to the 2024 budget cycle with a tax collection rate of 99.6%, and a very preliminary forecasted $300,000 surplus. Ms. Miller asked about savings opportunities that might be developed through refinancing certain bonds - and Ms. Salas replied that her office is taking a wait and see approach related to federal interest rate movement. UNFINISHED BUSINESS: Initiate process for Ordinance Committee to review Charter language for Chapter 8, Section 10, “Disposition of Real Property” for clarity. Some discussion centered around whether an ordinance overhaul is preferred versus a possible Charter revision. Mr. Capeci offered that ordinances are easier to adjust than Charter language. Mr. Alexander clarified that the Town could do both if desired. - Jordana Bloom moved to refer the above matter to the LC Ordinance Committee, 2nd: Laura Miller - All in favor Ms. Salas took a few minutes to explain a request to transfer surplus capital funds to Lawn Care Maintenance. She stated the underbudgeting occurred because of the lack of sufficient information during the budget process. Mr. Capeci added that 2024 is the first year of a new lawn maintenance contract since before the COVID pandemic. NEW BUSINESS: Authorize FY2025 Budget Transfer to Consolidate Fringe Benefits Accounts. Ms. Salas clarified that the Town is consolidating various benefit lines from various departments to one centralized department that will offer numerous benefits and greater tranparacy. - Heather Dean moved to authorize the above transfer, 2nd: John Zachos - All in favor Accept CIP timeline for 2026-2035 - Jordana Bloom moved to accept the CIP timeline, 2nd: John Zachos - All in favor VOTER COMMENT: Carrie Cronin of Black Walnut Drive, who also filed written correspondence below, reiterated her concern that a particular current council member appeared to be advocating for the Moms For Liberty special interest group regarding an effort to block Title 9 participation, and the council member's alleged support for book banning. Judith Neary of Mt. Nebo Road encouraged pursuit of changes to the soliciting regulations stating a recent vendor knocking on her door at 8:40 pm. She suggested an increase in the $9 permit fee be raised, stating the last increase was 18 years ago. She also called for the Newtown Police Dept. to be involved in vetting permit applicants. Mr. Ackert returned offering his opinion on the first selectman's report regarding the discontinuation of Reservoir Road; stating the Town needs council approval to dispose of the 3 Main Street property; and requesting the Town consider sending late notices on uncollected car taxes after an issue getting one of his nu,erous vehicles registered at the State DMV. ANNOUNCEMENTS: NONE Motion to adjourn at 8:54 pm was made by: Heather Dean; 2nd: Derek Pisani - All in favor: Respectfully submitted: John Voket - Temporary Clerk ATTACHMENTS: ---------- Forwarded message --------- From: Jeff Capeci <jeff.capeci@newtown-ct.gov> Date: Wed, Aug 7, 2024 at 8:56 PM Subject: First Selectman Report Reservoir Road was discontinued by the Board of Selectmen at July 15th meeting after receiving a positive referral from the Planning and Zoning Commission. The meeting was held in the Community Center. The vote was taken after 2+ hours of public participation. It now goes to the BZC. The pension committee requested the Board of Selectmen allow current employees to withdraw funds from their 401A/457B retirement plans once they reach retirement age. This is an option available to many private sector employees and many municipalities have started adopting similar measures. This was approved by the Board of Selectmen last month and Mission Square is implementing the changes which will take effect by the end of the month. It impacts both Town and School employees who participate in those plans. Parties interested in purchasing 3 Main Street, the old police station, have come to my office. Because the appraisal came in at > $1.5M, it will need to go to referendum. Per chapter 8 of the charter, The Board of Selectmen must propose the sale so I will start that process at next week's Board of Selectmen meeting with the goal of getting the sale on the November election ballot. The Town has received several FOIA requests, the most recent an accounting of all legal expenditures surrounding 6 Commerce Drive, 3 Main St, Land Use Real Property, Inland/Wetlands, P&Z, etc. My office has spent close to a week pulling the invoices and we have sent them to the Town Attorney to redact and confidential information that they may contain. Because of the expense being incurred in compiling the information, I plan to charge the requestor the maximum amount allowed by state statute. Chapter 179 Ordinance on Peddling/Soliciting/Hawking - Needs to be updated. It does talk reference sales CRT - The company has captured 4,053 plates not on the 2023GL and 321 of those plates have been captured at least two times Capital Tax Recovery is starting to process vehicles this week with 1 st letters of correspondence. They will give me a template to approve before they sent out any letters. It takes time to gather the data needed to process the vehicles and confirm they are regularly present in Newtown. Once they sent out the letters and have some statistics, they will provide a report on a monthly basis. Before the first time we add on any of these vehicles, we will have to send the file to Quality Data Service for testing. This should not be an issue since QDS has worked with Capital Tax Recovery before. ##### From: Keith Alexander <lc.alexanderk@gmail.com> Date: Tue, Aug 6, 2024 at 10:55 PM Subject: FW: Appointment of Superintendent of Schools Hello Council Members, Last week, the BOE Chair sent along this message regarding the newly appointed Superintendent. --Keith BCC: LC From: Plante, Alison <plantea_boe@newtown.k12.ct.us> Sent: Tuesday, July 30, 2024 10:45 AM To: James <jamesgastonboardoffinance@gmail.com>; Keith Alexander <lc.alexanderk@gmail.com>; Michelle Embree Ku <michelleku.newtown@gmail.com>; dancruson.newtown@gmail.com; jeff.capeci@newtown-ct.gov Subject: Fwd: Appointment of Superintendent of Schools Good morning, Thanks very much to all of you for attending our appointment last night. I wanted to pass along the below communication that went to all parents and staff in the district. Keith and Jim, would you mind sending this along to your board members, as well? With CIP and the budget right around the corner, I’m looking forward to continued partnership and collaboration across our teams. Thanks again, Alison ---------- Forwarded message --------- From: Newtown Board of Education <JuneK@newtown.k12.ct.us> Date: Tue, Jul 30, 2024 at 9:12 AM Subject: Appointment of Superintendent of Schools To: <plantea_boe@newtown.k12.ct.us> July 30, 2024 Dear Parents and Staff, The Newtown Board of Education is pleased to announce that it has appointed Ms. Anne H. Uberti as the new Superintendent of Newtown Public Schools, effective August 5, 2024. The Board made this appointment at a special meeting on July 29, 2024. Ms. Uberti has served as Assistant Superintendent of Newtown Public Schools since 2019 and previously, served as Principal of Reed Intermediate School for six years. Most recently as Assistant Superintendent, Ms. Uberti drove the selection and implementation of the District’s new K-5 reading curriculum that is aligned with research-based best practices in reading instruction, and designed and implemented the Kindergarten Readiness pilot program for this coming school year in response to the state-wide change in kindergarten start age. She was also responsible for oversight of curriculum, instruction, and professional development across the District. Ms. Uberti has been a champion of using data to understand student progress, identify gaps, and design interventions to move student achievement forward. Before coming to Newtown, she served as a principal in Thomaston, and she began her educational career as an elementary classroom teacher in Middlebury, Naugatuck, and Woodbury. Ms. Uberti’s selection concludes a competitive search for the position that began in April. The Board would like to thank the 300+ members of the Newtown Public Schools community who responded to our survey in May. The input from this survey contributed to a Leadership Profile that the Board reviewed in detail, which helped guide our search process. The Board would also like to thank Interim Superintendent Dr. JeanAnn Paddyfote, who will remain with the District for a period of time to assist with the transition. A search process will begin imminently to identify a new Assistant Superintendent. Ms. Uberti is a proven leader with impressive qualifications, deep institutional knowledge, and a strong commitment to Newtown. The Board looks forward to working with her in this new capacity, partnering together to ensure our schools are thriving educational communities for our students and staff. - The Newtown Board of Education Alison Plante, Chair John Vouros, Vice Chair Christopher Gilson  Brian Leonardi Doria Linnetz Shannon Tomai ##### From: Keith Alexander <lc.alexanderk@gmail.com> Date: Tue, Aug 6, 2024 at 11:47 PM Subject: FW: response to Charter language question from 6/26/24 To: Arlene Miles <arlene.miles@newtown-ct.gov> Hello Council Members, I hope you all got a chance to read the legal counsel response that I had sent out just before our last meeting. In case it was misplaced, here it is a few hours earlier for this meeting. --Keith BCC: LC From: Keith Alexander <lc.alexanderk@gmail.com> Sent: Wednesday, June 26, 2024 3:09 PM To: 'Arlene Miles' <arlene.miles@newtown-ct.gov> Cc: 'Jeff Capeci' <jeff.capeci@newtown-ct.gov>; 'Glenys Salas' <glenys.salas@newtown-ct.gov> Subject: RE: LC Agenda Hello Council Members, The item: Initiate process for Ordinance Committee to review Charter language for Chapter 8, Section 10, “Disposition of Real Property” for clarity is on our agenda again tonight. Here is the response that I got from our legal counsel. “ With respect to the Acquisition and Disposition of town property, as those terms are defined in the Charter, there is a specific Charter provision that applies to ordinances. Section 8-01(b) reads in relevant part as follows: “Detailed processes or procedures for the Acquisition and Disposition of Real Property shall be provided for in Town ordinances. If such ordinances are not available, the Legislative Council shall initiate the  creation of such ordinances within 60 days of the effective date of this Charter. Such ordinances shall be consistent with requirements provided in Sections 8-05 and 8-10.” Therefore, the Charter itself permits the drafting of an ordinance to detail the processes and procedures related to the disposition of town property. Note that the ordinance cannot be inconsistent with the Charter. I note for your reference that the Legislative Council has adopted an ordinance pursuant to Section 8 of the Charter dealing with processes and procedures related to leasing. It is located at Chapter 456 of the code of ordinances and I attach a copy to this e-mail. Also, I provided a letter in response to various questions from Selectman Ku in May and I wanted to make sure you were aware of it as it deals with some of these issues. I attach a copy of that letter for your review. Therefore, in short, yes, the LC can adopt an ordinance that details processes and procedures related to acquisition and disposition of town property. But there are limits on what that ordinance can do. An ordinance cannot override or amend the Charter and must be consistent with it. Therefore, when you look at the ordinance on leasing you will see that the LC outlined certain processes. However, hypothetically, the LC could not, for example, pass an ordinance stating that you do not need to go to referendum for property valued over $1.5 million as that would be inconsistent with the Charter. ” --Keith CC: First Selectman, Finance Director BCC: LC ATTACHMENTS ARE BELOW XXXXXXX From: Keith Alexander <lc.alexanderk@gmail.com> Date: Tue, Aug 6, 2024 at 11:52 PM Subject: RE: FOIA Requests To: dave daveackert.com <dave@daveackert.com> Cc: Arlene Miles <arlene.miles@newtown-ct.gov> Hi Dave, The suggestion of an Ordinance to clarify the Newtown Charter Chapter 8, Section 10, “Disposition of Real Property” for clarity will continue to be discussed the our Legislative Council meetings. As our deliberations continue, we will keep your thoughts in mind. Your submission will be added to the correspondence of the next Legislative Council meeting. --Keith CC: LC Clerk BCC: LC -- Respectfully, Keith Alexander Chair, Newtown Legislative Council From: dave daveackert.com <dave@daveackert.com> Sent: Tuesday, July 30, 2024 2:36 PM To: Keith Alexander <lc.alexanderk@gmail.com>; jordana bloom <jordanabloom.newtown@gmail.com> Subject: FW: FOIA Requests Hello. On March 24, 2024, on behalf of the Newtown Conservation Coalition, I made two requests of the First Selectman’s office under the Freedom of Information Act. 1. I requested to see any/all taxpayer-funded legal opinions on the process that the town followed historically with regard to its attempts to dispose of the taxpayer-owned property at 6 Commerce Rd.; and any/all legal opinions regarding the process it planned to use going forward (FYI/FWIW, Legislative Council member Chris Gardner also asked the First Selectman to see a detailed attorney-approved, forward-looking process at a subsequent LC meeting, because as the First Selectman admitted/acknowledged, the process outlined in the Charter is ambiguous at best. The First Selectman agreed to produce a detailed process document for the next LC meeting, but that never happened). 2. I requested to see a copy of the taxpayer-funded appraisal on 6 Commerce that the First Selectman commissioned earlier in the year. On April 4th, the First Selectman denied both requests, citing ‘privilege’ on A, and on B, saying that he wasn’t happy with the appraisal and should be able to get it revised and share a copy by the end of April. Four months later, and we still haven’t seen it. At the end of April, I filed a complaint with the Freedom of Information Commission in Hartford over these denials. In the months that have followed, the 1st Selectman has continued to stall, wracking up legal bills that have significantly exceeded budget, instead of simply providing the transparency that both the law and common decency require. A hearing in Hartford has finally been scheduled for September, and the legal bills will continue to mount. Please know that as a result of the 1st Selectman’s foot dragging delay tactics, and concern for how taxpayer funds are being spent, I have submitted the two new FOI requests below to the Finance Director. I share this with hope that you can successfully encourage or otherwise cause the 1st Selectman to be transparent with how taxpayer funds and taxpayer funded resources are being spent with regard to tax-payer owned property and development activities, instead of continuing to drive up the town’s legal expenses unnecessarily. Also, with specific regards to the need for an ordinance to clarify the process and the order with which the steps listed in Chapter 8-10 must be taken, I urge you to consider what is happening here with the 1st Selectman’s refusal to share the appraisal on tax-payer owned property after 4 or 5 months (so far), and prioritize the ordinance committee’s work accordingly. What is he hiding? What game is he playing that would be worth wasting money we don’t have on more legal fees, instead of being transparent with the public? Any clarifying/corrective ordinance should consider and account for the possibility that we have a 1st Selectman who cannot be trusted. For example, currently, 8-10 requires any property with a value of $1.5M+ to go to referendum. Why does there need to be such a high threshold, or any $$ threshold at all. If it’s town-owned property, let the town decide. And when considering the order of the steps…please keep in mind that the public should have the first right of refusal when the decision to dispose of town property has been approved by our representative government….and that should occur before outside developers have been engaged. Sincerely, Dave Ackert 6 Cider Mill Rd. Sandy Hook, CT 06482 Hello Glenys. I hope this note finds you well. I'm writing on behalf of the Newtown Conservation Coalition with two requests under the FOIA please. There is no way to copy anyone on this request here on the town website, but I will be sending a copy to the Board of Selectmen, the Legislative Council and to the Board of Finance. First, we would like to see the details around any/all payments made for and/all appraisals performed on town-owned properties over the past 12 months. Details should including but are not limited to vendor name(s), copies of invoices/bills, property identification, requisitioner name, approver name, date of requisition, work/purchase orders, work product/results/reports, please. Next, we would like to see the details around any/all payments made for legal services over the past 12 months related in any way to town owned real property, the land use department, P&Z Commission, Economic Development Commission, Inland Wetlands Commission, Conservation Commission, and/all freedom of information requests or complaints, ordinances, the town charter, 6 Commerce Road, 20 and 60 Castle Hill Road, and Reservoir Road. Details should include but are not limited to attorney name(s), a break out of hours and rates for each engagement/project/town department/account, copies of invoices/bills, requisitioner name, approver name, dates (requisition, completion, payment, etc.), please. Thank you in advance for your help. I know you are very busy and really appreciate it. Dave Ackert 6 Cider Mill Rd. Sandy Hook, CT 06482 #####  JASON A. BUCHSBAUM, ESQ. IPC.I F Please RePIY to: Danbury e-mail: ibuchsbaum@cohenandwolf.com AT'I'ORNEYS AT LAW May 14,2024 Via E-mail (to i eff. caneci@newtown'ct. sovl A. Jeffrey Capeci First Selectman 3 Primrose Street Newtown, CT 06470 Re: Churter Requirements for Disposition of Real Property Jeff: You have asked that I review and respond to certain questions presented to you in a letter from Selectman Michelle Embree Ku dated May 6,2024 concerning Town Charter requirements for the Disposition of Real Property. Below is a summary that responds to each of the questions raised. The original questions appear in bold, with my responses below each. Please let me know if I can provide any additional information. 1. Our Charter indicates specific requirements for the disposition of properfy. Specifically, 8-10(a) indicates that "The First Selectman, with the approval of the Board of Selectmen and the Legislative Council by a majority vote of its membership, may propose the Disposition of Real Property.'o a. Is the First Selectman precluded from discussing the possibility of selling the property with developers if S-10(a) has not occurred? Response: No, the First Selectman is not precluded from discussing the possibility of selling town properly prior to the occurrence of the actions contemplated by 8-10(a) of the Charter. Any discussions would be conditioned on the occurrence of various Charter requirements. Given the nature of real estate transactions, it is possible that discussions may occur prior to a First Selectman determining that they want to propose a disposition of property to the Board of Selectmen and Legislative Council. b. Is the First Selectman precluded from obtaining an appraisal for a town-owned property ifS-10(a) has not occurred? Response: No, the First Selectman is not precluded from obtaining an appraisal of Town owned property prior to the occurrence of the actions contemplated by 8-10(a) of the Charter. The Charter sets out certain requirements once a proposal to dispose of town property occurs, but there may be other work required or desired before such a proposal, and an appraisal could be a component that helps inform whether a First Selectman wants to propose the disposition of property in the first place. ll15 BRoAD STREET 158 DEER Hrr-l AvBNUB 320 Posr Roen WBsr PO. Box I82l DANBURX CT 06810 WEsrPoRr. CT 06880 BRIDGEPoRT, CT 0660I-I82I TeL: (203) 7922771 Tnr: (203) 222-1034 TEL: (203) 368-021 I Eqx: (203) 791-8149 FAx: (203) 227-1373 Etx: (203) 39.19901 cO.;JEN wL# May 14,2024 Page Two Has step S-10(a) been fulfilled for any of the following properties: 3 Main Street' c 28A Glen Rd, 6 Commerce Rd? Response: - 3 Main Street o Yes. The Board of Selectmen voted on August 16,202I and the Legislative Council voted on Septemb er 1,2021to initiate the process under Section 8-10(a) of the Charter. 28A Glen Road. o This property was obtained by the Town due to the nonpayment of taxes, and 8-10(b) therefore falls under Section 8-10(b) of the Chafter, not 8-10(a)' Section be sold unless the provides that property "acquired for-non-payment of taxes shall said Legislative Council by a majority of at least six (6) affirmative votes to retain property." Also, the Charter in effect atthattime the Town acquired this property had similar language requiring a vote of the Legislative Council if the Council such a vote wanted to retain the property for town purposes, and further required that retain the occur within 90 days. I am not aware of the occurrence of any votes to property. 6 Commerce Road: and many o The Town acquired 6 Commerce Road from the State almost 20 years ago years prior to the implementation of Section S-10(a)' The property also includes a the Town deed restriction that it is to be used for economic development and over the acquired it for that purpose. The Town has engaged in numerous activities technical last 20 years in attempting to market and sell the property. Therefore, the has likely decision on whether the pioperty should be'opropose[d] for disposition" given the already been made. Regardiess, going forward, it is my fecommendation years, that if the many years that have passed and various Charter changes over the of the Town determines it wants to sell this property at this time, it follow each requirements set forth in Chapter 8 of the Charter' co.HlEN WOLF' Ilrc.I }i4ay 14,2024 Page Three 2. The charter, chapter s-10(c) indicates that "After the proposal to dispose of Real Property is made the Town shall: Have all properties affected in the proposed Disposition appraised by their values both an appraiser licensed or certified by the State of Connecticut to ascertain before and after the transaction." Does this mean that: o'after a second appraisal a. Does this mean that if an appraisal is done prior to step 8-10(a), the proposal to dispose of Real Property is made'o is necessary? and market conditions' If Response: The answer to this question will depend on the circumstances be needed' If an appraisal is more an appraisal is dated and many years old, a new appraisal would This question would need to recent, it may not be, or the appraiser could simpiyprovide an update. be answered case by case a.p"nOing on the circumstan"", p..t.ttted with any particular proposal to dispose of propertY. and the Legislative b. Does this mean that the process intends for the Board of Selectmen appraised value (and Council to approve the disposition of property before knowing the whether the sale would require a referendum)? the Board of Selectmen and Response: The process allows, but does not prohibit as outlined above, of property under 8- Legislative Council to approve the general concept of proposing the disposition 10(a) without knowing the value. Howevet, both bodies would know the value at the time the more property. Depending on the formal determination is made under Section S-10(d) to actually sell the referendum under 8-10(e)' once value of the appraisal, that determination may require approval at 8-10(e), the First selectman then the Legislative council votes to sell the property under Section a specific transaction' If it is a has the authority to determine the method of sale and to negotiate private sale, the ultimate contract of sale must be approvod by the Board of Selectmen and at least 8 members of the Legislative Council. May 14,2024 Page Four 8 of our 3. Does the disposition of 2 Buttonshop Rd fatt under the requirements in Chapter charter? And will further action by the Bos and LC be required? is Response: No, 2 Buttonshop Road does not fall under Chapter 8 of the Charter. 2 Buttonshop an privately owned property over which the Town has tax liens. The Legislative Council approved assignment of those tax liens subject to certain conditions last year. please let me know if you have any further questions or if I can provide any additional information concerning any of the foregoing. Very truly yours, JAB:kmr 6/20/24, 2:34 PM Town of Newtown, CT Property, Acquisition and Disposition of Town of Newtown, CT Thursday, June 20, 2024 Chapter 456. Property, Acquisition and Disposition of [HISTORY: Adopted by the Legislative Council of the Town of Newtown 11-1-2017.[1] Amendments noted where applicable.] [1] Editor's Note: This ordinance replaced former Ch. 456, Property, Sale of, adopted 3-10-1945 STM (Res. No. 3), as amended, which was largely superseded by Chapter 8 of the Charter. § 456-1. Purpose. The purpose of this chapter is to supplement Chapter 8 of the Newtown Charter as provided for in Section 8-01(b) thereof, as to all processes and procedures for the acquisition and/or disposition of real property, and those properties or leases excluded from the term "real property" in Section 8-01(a)(1) of the Charter. § 456-2. Definitions. As used in this chapter, the terms "real property," "acquisition," and "disposition" shall have the meanings defined in the Charter, Section 8-01, General Provisions. § 456-3. Acquisition of real property. A. If the acquisition of real property is a result of nonpayment of taxes and gifts: (1) The property shall be sold, unless the Board of Selectman identifies a specific use for the real property or gift and so informs the Legislative Council. (2) If the Board of Selectman identifies a proposal for an alternate use of property, the Legislative Council shall vote on the proposal within 60 days from the date the proposal is presented to it. § 456-4. Leasing of real property. A. All leases shall be negotiated by the First Selectman, with the final, written version subject to approval by the Board of Selectmen. The proposed lease shall be executed by the First Selectman and the tenant or the landlord, as the case may be, conditioned on the actions set forth below in Subsections C and D. B. Before negotiations commence, the First Selectman shall obtain a written opinion by a licensed real estate appraiser of the fair market rent for the real property in question for the proposed term and a financial impact statement from the Finance Director. Where the term of the proposed lease and all options to renew are for five years or less, whether or not to obtain an opinion of fair market rent shall be up to the discretion of the First Selectman. C. If the Board of Selectmen votes to approve the proposed lease, and it conforms with all planning and zoning regulations, an outline of the lease, including, without limitation, the rent and term, and all options, shall be forwarded to the Legislative Council for a public hearing to be scheduled https://ecode360.com/print/NE0077?guid=9873917 1/2 6/20/24, 2:34 PM Town of Newtown, CT Property, Acquisition and Disposition of pursuant to Section 7-163e of the Connecticut General Statutes. The lease shall not be executed prior to said public hearing. D. Following the hearing set forth in Subsection C, a majority vote of the Legislative Council to enter into the proposed lease is required if the term of the proposed lease, including all options to renew, is for more than five years. E. The power to enter into leases of space in the Edmond Town Hall is governed by Special Act 98 of the 1931 Session of the Connecticut General Assembly. § 456-5. Procedure for determining property value for exemption from procedures; approval. A. Transferred property valued less than $20,000 is exempt from procedures outlined in Sections 8-05 and 8-10 of the Charter; therefore, the following procedures shall be followed in determining the property value, through a review and approval of A-2 surveys and property value assessments by the Land Use Agency: (1) If the transfer of land between two properties is equal, then the determination of the transferred property value shall be zero. (2) If the transfer of land between two properties is not equal, the value of the land shall be determined by the net increase or decrease in the assessment of the property. (3) If the acquisition or disposition of property involves the transfer of a parcel, the property value shall be determined by the assessed value of the property on the most recent Grand List. B. The First Selectman shall have the final approval of transferred property valued less than $20,000 and leaseholds under five years in duration. https://ecode360.com/print/NE0077?guid=9873917 2/2  Status of the Fund Balance LY FUND BALANCE $ 18,264,719 REVENUES $ 131,184,514 EXPENSES & ENCUMBRANCES $ (46,958,732) EDUCATION $ (85,069,651) NET INCOME (LOSS) $ (843,869) NY ASSIGNED $ (1,130,000) CY UNASSIGNED FUND BALANCE $ 16,290,850 CY BUDGET $ 132,595,791 CY UNASSIGNED FUND % 12.29% Anticipated YE Fund Balance LY FUND BALANCE $ 18,264,719 REVENUES $ (258,158) EXPENSES & ENCUMBRANCES $ 205,610 LY ASSIGNED $ (1,500,680) NET INCOME (LOSS) $ (1,553,228) NY ASSIGNED $ (1,130,000) CY UNASSIGNED FUND BALANCE $ 15,581,491 CY BUDGET $ 132,595,791 CY UNASSIGNED FUND % 11.75% Cash Position As of 6/30/24 (reconciled) $ 9,256,476  PERCENT REMAINING 0.00% GENERAL FUND YEAR ENDING 6/30/2024 TODAY 8/7/2024 FY2023 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 Account Function Available/ % Available/ Type # Function Description Dept # Dept Description Actuals Approved Transfers Budget Encumbrances Actuals Remaining Remaining Notes Expense 11 GENERAL GOVERNMENT 100 SELECTMEN 442,071 469,444 (107) 469,337 5,750 533,575 (69,988) (14.91%) • Selectmen - Legal feeshave exeeded budget by. The last of the bills were submitted 105 SELECTMEN - OTHER 167,557 165,100 277 165,377 3,250 138,166 23,962 14.49% this week. Savings from postage will partially offset the legal fees costs. 108 HUMAN RESOURCES 126,531 137,133 10,521 147,654 0 145,219 2,435 1.65% 110 SOCIAL SERVICES 342,194 348,968 1,481 350,449 136 343,444 6,869 1.96% 140 TAX COLLECTOR 394,428 417,783 3,014 420,797 0 407,076 13,721 3.26% 150 PURCHASING 75,298 84,002 699 84,701 0 83,525 1,176 1.39% 170 TOWN CLERK 313,567 324,335 1,839 326,174 150 305,841 20,183 6.19% 180 REGISTRARS 167,472 191,930 4,220 196,150 250 200,309 (4,409) (2.25%) • Registrars: Over budget due to early voting & double referendum 190 TAX ASSESSOR 349,837 357,148 1,211 358,359 3,000 343,456 11,903 3.32% 200 FINANCE 774,158 584,982 28,663 613,645 0 617,022 (3,377) (0.55%) • Finance: Anticipated to be over budget due to retirements. Covered by savings elsewhere 205 TECHNOLOGY 827,528 797,818 10,816 808,634 2,212 783,824 22,599 2.79% 240 UNEMPLOYMENT 4,137 5,000 0 5,000 0 1,259 3,741 74.82% 255 PROBATE COURT 8,581 9,001 0 9,001 0 9,825 (824) (9.16%) Final amount exceeded estimates 270 OPEB CONTRI 184,113 189,160 2,525 191,685 0 191,685 0 0.00% 280 PROF ORG 40,424 41,756 0 41,756 0 41,506 250 0.60% 350 INSURANCE 1,123,325 1,120,000 26,000 1,146,000 1,156 1,134,030 10,814 0.94% 600 LEGISLATIVE COUNCIL 47,000 47,940 14,000 61,940 0 61,727 213 0.34% 730 DISTRICT CONTRI 1,950 5,000 0 5,000 0 0 5,000 100.00% Freeze activity on this account through the end of the year. Estimated savings is $5,000 740 ECONOMIC & COMM 107,846 143,036 44,972 188,008 20,386 126,425 41,198 21.91% 750 GRANTS ADMIN 27,039 29,523 (203) 29,320 0 28,559 761 2.60% 755 SUST ENERGY COMM 0 300 0 300 0 93 207 69.02% 870 FAIRFIELD HILLS AUTH 40,000 40,000 151 40,151 0 40,151 0 0.00% GENERAL GOVERNMENT Total 5,565,057 5,509,359 150,080 5,659,439 36,288 5,536,716 86,434 1.53% • Communications: Despite several line items exceeding budgeted amounts, new 12 PUBLIC SAFETY 300 COMMUNICATIONS equipment still underwarranty saved significant funds under the repair line. 1,192,756 1,272,825 3,260 1,276,085 227 1,253,765 22,093 1.73% 310 POLICE 7,398,713 7,871,705 77,426 7,949,131 78,422 7,848,576 22,133 0.28% • Fire Department: Forecasted to be over by $5000 due to response incentive program 320 FIRE 1,481,477 1,454,579 17,162 1,471,741 6,843 1,451,668 13,229 0.90% and truck repairs. o far, the department is still under budget. 330 EMERGENCY MGT 38,420 40,090 0 40,090 0 36,338 3,752 9.36% 340 ANIMAL CONTROL 170,049 181,826 898 182,724 0 182,620 104 0.06% 360 LAKE AUTHORITIES 64,892 73,117 0 73,117 0 73,117 0 0.00% 426 NW SAFETY COMM 11,489 11,590 0 11,590 0 11,489 101 0.87% 432 EMERG MEDICAL SVS. 270,000 270,000 0 270,000 0 270,000 0 0.00% 437 NW CT EMS COUNCIL 0 250 0 250 0 0 250 100.00% 460 BUILDING OFFICIAL 436,917 430,941 2,455 433,396 0 430,530 2,866 0.66% PUBLIC SAFETY Total 11,064,713 11,606,923 101,201 11,708,124 85,493 11,558,103 64,528 0.55% 13 PUBLIC WORKS 500 HIGHWAY 8,393,010 8,988,418 136,752 9,125,170 92,389 8,939,287 93,494 1.02% • Public Works: Some good news to report on DPW. Savings on solar installations and 510 WINTER MAINT 714,779 718,430 (63,800) 654,630 5,232 657,479 (8,081) (1.23%) general reductions in electricity supply will result in savings of $165,000 for the year. 515 TRANSFER STA 1,785,241 1,877,028 62,965 1,939,993 0 1,888,977 51,016 2.63% These savings will offset cost pressures elsewhere and ease the impact of revenue 650 PUBLIC BLDG MAINT 826,565 1,164,521 (18,157) 1,146,364 33,664 862,263 250,437 21.85% shortfalls. PUBLIC WORKS Total 11,719,596 12,748,397 117,760 12,866,157 131,286 12,348,006 386,865 3.01% 14 HEALTH & WELFARE 220 SENIOR SERVICES 334,096 362,137 456 362,593 188 359,863 2,542 0.70% 370 HEALTH DISTRICT 427,670 454,898 3,031 457,929 0 450,410 7,519 1.64% 410 CHILDREN'S ADVENT CTR 149,456 147,861 3,235 151,096 0 162,633 (11,537) (7.64%) • Retirement contributions have exceed estimates 415 OUTSIDE AGENCIES 79,945 113,645 0 113,645 0 113,395 250 0.22% Page 1  PERCENT REMAINING 0.00% GENERAL FUND YEAR ENDING 6/30/2024 TODAY 8/7/2024 FY2023 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 Account Function Available/ % Available/ Type # Function Description Dept # Dept Description Actuals Approved Transfers Budget Encumbrances Actuals Remaining Remaining Notes 433 YOUTH & FAMILY SVS 303,447 305,467 1,011 306,478 0 306,191 287 0.09% 442 NEWTOWN PARADE COMM 1,585 1,600 0 1,600 0 0 1,600 100.00% 444 NW CONSERV DISTRICT 0 1,040 0 1,040 0 1,040 0 0.00% 670 LIBRARY 1,408,822 1,327,231 0 1,327,231 0 1,328,476 (1,245) (0.09%) • Retirement contributions have exceed estimates HEALTH & WELFARE Total 2,705,020 2,713,879 7,733 2,721,612 188 2,722,008 (584) (0.02%) 15 LAND USE 490 LAND USE 727,195 757,579 (785) 756,794 90 683,296 73,408 9.70% LAND USE Total 727,195 757,579 (785) 756,794 90 683,296 73,408 9.70% 16 PARKS & RECREATION 550 PARKS & RECR 2,524,487 2,669,753 45,063 2,714,816 85,234 2,632,529 (2,948) (0.11%) • Finance will review outstanding encumbrances for savings. PARKS & RECREATION Total 2,524,487 2,669,753 45,063 2,714,816 85,234 2,632,529 (2,948) (0.11%) 18 DEBT SERVICE 580 DEBT SERVICE 9,611,232 9,799,232 0 9,799,232 0 9,669,192 130,040 1.33% • Debt Service: General Fund will enjoy total savings of $134,000 to offset cost DEBT SERVICE Total 9,611,232 9,799,232 0 9,799,232 0 9,669,192 130,040 1.33% pressures elsewhere and ease the impact of revenue shortfalls. 24 CONTINGENCY 570 CONTINGENCY 0 115,000 (115,000) 0 0 0 0 CONTINGENCY Total 0 115,000 (115,000) 0 0 0 0 25 OTHER FINANCING USES 230 TH BOARD OF MGRS 196,879 209,688 1,530 211,218 0 211,217 1 0.00% 860 CAPITAL & NONRECUR 2,717,000 1,300,180 0 1,300,180 0 1,300,180 0 0.00% 890 TRANSFER OUT 259,490 96,150 (94,605) 1,545 0 0 1,545 100.00% OTHER FINANCING USES Total 3,173,369 1,606,018 (93,075) 1,512,943 0 1,511,397 1,546 0.10% Expense Total 47,090,670 47,526,140 212,977 47,739,117 338,579 46,661,249 739,288 1.55% • Property Taxes: Shortfall of $1.1 million. Liean assignments will bring another $100,000 prior to final close out of FY24. Collection rate of 99.06% for real estate taxes 01 PROPERTY TAXES vs 99.3% estimated. Supplemental motor vehicle collection is also weak due to the Revenue 115,851,960 118,451,860 0 118,451,860 0 117,362,935 (1,088,925) (0.92%) lower mil rate. • Intergovernmental: Surplus of $695,136. The state came in over and above budgeted 02 INTERGOVERNMENTAL 8,430,429 7,965,631 0 7,965,631 0 8,660,767 695,136 8.73% estimates for educational subsidy in FY2024. • Charges for Services: Shortfall of $115,684. Building activity and real estate sales have 03 CHARGES FOR SERVICES slowed considerably in the past year, accounting for most of the loss 2,399,432 2,417,620 20,000 2,437,620 0 2,321,942 (115,678) (4.75%) • Investment Income: Surplus of $586,271. Investment returns remain strong in an era 04 INVESTMENT INCOME 1,833,897 1,750,000 23,398 1,773,398 0 2,359,669 586,271 33.06% of Fed Rates above 4%. 05 OTHER 474,909 240,000 0 240,000 0 171,682 (68,318) (28.47%) • Other receipts have been lighter than anticipated 06 OTHER FINANCING SOURCES 450,000 250,000 0 250,000 0 308,383 58,383 23.35% Revenue Total Excluding Fund Balance 129,440,627 131,075,111 43,398 131,118,509 0 131,185,379 66,870 31% 09 USE OF FUND BALANCE 0 1,500,680 0 1,500,680 0 0 (1,500,680) (100.00%) Revenue Total 129,440,627 132,575,791 43,398 132,619,189 0 131,184,514 (1,434,675) (1.08%) Page 2