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10-28-10 Amended
AMENDED MINUTES

The Board of Finance held a regular meeting on Thursday, October 28, 2010 in the Council Chamber of the Newtown Municipal Center, 3 Primrose Street, Newtown, CT.  John Kortze called the meeting to order at 7:40pm.

PRESENT:  John Kortze, James Gaston, Joseph Kearney and Harry Waterbury and Michael Portnoy.

ABSENT:  Martin Gersten

ALSO PRESENT: First Selectman E. Patricia Llodra, Finance Director Robert Tait, four members of the public and one member of the press.  Dr. Janet Robinson and Board of Education member Andrew Buzzi arrived at 8:15pm.

VOTER COMMENTS:  none.

COMMUNICATIONS:  Mr. Kortze submitted an email containing Sec. 10-222 from Mr. Walczak (Att. A).  A letter from the High School PTSA officers relative to delays at with the high school addition was submitted for the record (Att. B).  First Selectman Llodra reported there was a meeting with Bill Hart, Chip Dumais, Dr. Janet Robinson, Bill Knight and a representative from Morganti to problem solve why we are running into these delays and to find out a reasonable date to open the school addition.  A target date is December 2 understanding the school needs a two week lead time to pack for the move.  

MINUTES:  Mr. Gaston moved to approve the amended minutes of September 13, 2010.  Mr. Waterbury seconded.  All in favor.  Mr. Waterbury moved to approve the minutes of October 14, 2010.  Mr. Portnoy seconded.  All in favor.  Mr. Gaston requested an amendment to the joint meeting minutes of October 6, 2010 with Dr. Chung, such that in place of the statement "Mr. Gaston noticed in the study for the birth rate of women ages 15-44 that only a population of whites and Hispanics was used and he questioned why Dr. Chung thinks it will only be this way".  Mr. Gaston actually stated "in the study of the birth rate of women ages 15-44 that only a population of non-Hispanic white women was used and he questioned why Dr. Chung thinks only non-Hispanic white women will be living in Newtown for the next ten to twenty years, particularly with the faster growing Hispanic, African-American and Asian populations."  Also Mr. Gaston requested to amend the joint meeting minutes of October 6, 2010, to reflect in response to his question on pages 3 and 4 that "Dr. Chung indicated he could not give any probabilities of outcome."~ The provision in the minutes goes on to state "He added that if Dr. Chung could give some, the number would be greater than what's present".~ This should be struck as was neither stated nor accurate~(Att. C).

FIRST SELECTMAN REPORT:  Comparing month to month in 2008 there were 166 building permits issued for a total value of $12,000,000+, $7,000,000 of that was associated with the Municipal Center project.  In 2009, 132 building permits were issued for a total value of $2,000,000+. In 2010, 137 permits were issued for a total value of $3,000,000+.  The First Selectman met with Mr. Tait, Dr. Robinson and Ron Bienkowski regarding language for an RFP on the issues of collaboration.  We are in the final stages of the medical benefits fund ordinance for an organization to oversee the employee medical self insurance fund, similar to the Pension Committee.  The Selectmen will be the trustees of the fund.  The appointed committee will be the bridge between the advisors and the agent (the Board of Selectmen and the Board of Education).  First Selectman Llodra noted that at the last meeting street sweeping was said to have been done all on overtime.  The street sweeping was actually done every day during regular working hours in order to complete the work by August.  However, overtime was required for a total of $16,000.  If the service was contracted out it would’ve cost $24,000.  Other overtime issues included two or three hour minimums:  building calls are a two hour minimum, road issues are a three hour minimum.  The Sandy Hook waterline engineering bids will be closed out and awarded in the spring.  

FINANCE DIRECTOR REPORT:  Twelve RFQ’s were received on the Middle School roof.  Public Building and Site will narrow that down to four or five, have a walk through and then choose.  Mr. Kearney thought we were going to request bids that would build the roof in accordance with state reimbursable specifications or bids that would not necessarily follow that; conforming and non-conforming.  First Selectman Llodra said it is important to have a conversation with Public Building and Site before the architect is chosen so that there is an understanding of what we are looking for.  Mr. Tait said that tax collections are good with 53.5% total collections.  Town Clerk conveyance and building permits are up.  Mr. Tait presented a detailed report on the Fairfield Hills budget (Att. D).

UNFINISHED BUSINESS:
1.   Newtown Board of Education Monthly Financial Report, Sept. 30, 2010: (Att. E).  Item discussed under New Business #2.
  • State Statute 10-222 relating to Board of Education Transfers:  Item discussed under New Business #2
3.   Resolution:  Mr. Portnoy moved to table the resolution entitled:  RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN THE AMOUNT OF $1,500,000 FOR THE PLANNING,  DESIGN AND CONSTRUCTION OF THE NEWTOWN HOOK AND LADDER FIRE HOUSE AS AUTHORIZED IN THE CAPITAL IMPROVEMENT PROGRAM (2010-2011 TO 2014-2015, INCLUSIVE) AND AUTHORIZING THE ISSUANCE OF $1,500,000 BONDS OF THE TOWN TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.  Mr. Waterbury seconded.  Mr. Gaston recused himself because although he doesn’t believe there is a conflict of interest he wants to avoid the perception of a conflict of interest.  Motion passed (Kearney, Kortze, Waterbury, Portnoy)
4.   Capital Improvement Plan:  (Att. F) First Selectman Llodra explained that there is no number for the Dickinson Park bath house/concession stand saying the project is complicated due to the two types of spray grounds.  She suggests using Capital Non-Recurring for the tanker.  

NEW BUSINESS:
Discussion and possible action:
1.  Sustainable Energy discussion on collaboration:  Dan Holmes, Chairman of the Sustainable Energy Commission was present to reach out to various boards in commissions to collaborate.  There are planning opportunities right now as there is not much money at the state level.  Money that is budgeted at the town level will pay us back in the future.  Mr. Holmes said he spoke with Bob Mitchell of the Public Building and Site Commission and was told that one or several Sustainable Energy members can be on the selection committee for the architect of the Middle School roof project.  The construction firm is required to have renewables as part of their portfolio.  Mr. Kortze said specifics and Newtown based examples would be helpful.
2.  State of the School Address – Dr. Robinson:  Dr. Robinson and Andrew Buzzi presented the State of the School Address (Att. G thru Att. L).  Mr. Gaston asked if the upcoming budget will effectuate the goals and objectives presented.  Dr. Robinson confirmed it would.  He also asked if there is research on the surrounding towns that currently have full day kindergarten.  Dr. Robinson stated that Linda Gejda, the Assistant Superintendent started researching this last year and is updating the DRG’s.  Dr. Robinson will forward the report to the Board of Finance when complete.  Mr. Kearney asked if Dr. Chung’s projections were reflective in the goals and objections for this year. Dr. Robinson said it isn’t as reflective as it will be once they start to do the budget.  Mr. Portnoy asked about the achievement plan saying that it was probably twenty years ago when he encountered the problem of every school having a different curriculum.  He applauded Dr. Robinson for addressing the problem.  He also asked when the professional communities get together.  Dr. Robinson said that one school does it before school; a couple of schools have given up their monthly faculty meetings and do it during that time.  Mr. Portnoy said he thinks full day kindergarten will pass the test of educational efficacy.  With the current configuration of schools there will be plenty of room; the cost will be of interest.  Mr. Waterbury asked about the next steps of the strategic plan CIP.  Dr. Robinson said that there has been a lot of progress during the last year with the CIP.  They want to match up what was originally written as a ten year plan to what is being done now with a five year process.  Dr. Robinson will gather information, detail on students coming in and students leaving the schools.  Mr. Gaston suggested finding out if people are moving into homes that were already occupied or empty.  First Selectman Llodra said it matters whether the students coming into the system from private in state schools, or out of state schools, are because of economic issues, a school choice or because the family has moved into town.  Mr. Kearney asked if the data collection includes special needs students.  Dr. Robinson said that is not included but can be integrated.  Mr. Portnoy suggested a net of ins and outs at different levels at the different categories.  Mr. Kortze asked for the class size guidelines.  Dr. Robinson said the board normally votes on the policy and the guidelines or regulations are created in house.  She confirmed the research on full day kindergarten has been done.  Mr. Kortze asked if there are grades that take class room time out for professional development.  Dr. Robinson said that Reed School was using time on day six; other schools are not using instructional time.  Mr. Kortze noted there is an instructional issue if the teachers are out of the classrooms and a cost issue from having substitute teachers come in.  Dr. Robinson explained the third grade teachers met for grammar professional development during classroom time.  If this was done during the summer it would’ve cost more than paying a substitute teacher during the school year.  Ms. Gejda maps out the workshops.  Mr. Kortze said clarification would be helpful for the people who believe teachers are out of the class often.  Mr. Buzzi said there was a lot of community concern expressed at the last Board of Education meeting and they will be looking into the issue.  Dr. Robinson said it was fortunate parents spoke up early in the school year with concerns about day six so it can be changed.  Mr. Kortze would like to see the kindergarten survey.  He asked Dr. Robinson about how she feels about transfers.  Mr. Buzzi said the board is trying to make sure the monthly financial report is as clear and concise as possible for everyone to be able to read and understand saying transfers and encumbrances are two different accounting issues.  Mr. Kortze said the statute is very clear on transfers, stating transfers need to be presented.  A letter from Kostin, Ruffkes & Company, LLC was presented (Att. M).  He asked when the Board of Education will take up reverting to the old practice, which is the current policy, of reporting on transfers which will allow substantially more clarity.  Dr. Robinson stated that about a year ago the Board of Education decided they did not want to do transfers, they wanted to let it ride so they could monitor it; it was only recently that it was put forward as a formal motion to change that part of the policy that would say they would not be doing interim transfers until the end of the year.  Mr. Kortze said that the policy clearly states and employs the Superintendent to make emergency transfers but they must, in the event they can’t be presented in timely basis, be presented at the subsequent meeting.  Mr. Kearney said there should be guidelines within the policy that address when and under what conditions the transfers are made.  Mr. Kortze stated the statute trumps policy; Mr. Buzzi said they will absolutely follow the statute and will look into the transfer issue.  Mr. Waterbury asked if there was a penalty for not following a statute.  Mr. Gaston said there is no penalty unless it is written into the law.  Dr. Robinson confirmed everything we’ve done, as far as NEASC, has been in compliance, except the high school.  A final determination will be made in January with an expectation that the warning status will be lifted.  The education technology department has joined the secretary union.  The contract is going to be negotiated.  There will be a letter to Dr. Robinson from the athletic director quantifying excess expenses from busing teams to other locations during the high school renovations.  The Board of Education needs to discuss the possibility of making a claim.  First Selectman Llodra confirmed it is a town contract.  Mr. Kearney said there should be a very common clause in the contract spelling out liquidated damages to avoid this type of situation.  He strongly urged the board to consider a resolution that mandates a clause with the understanding it has to be implemented by the Board of Selectmen at their discretion.  The high school greenhouse project has been rebid; the bids are considerably lower, ranging from $90,000 to $120,000.  First Selectman Llodra stated that is the base price but there are items that will need to be added on.  Mr. Kortze said there has to be consistent clarity regarding the scheduling of day six and enrollment at Reed.  First Selectman Llodra said, in regards to full day kindergarten, that it is very important that we not pre-empt options that we might have for use of municipal facilities at the very time we might be experiencing an enrollment decline and have not done the space needs studies (Att. O).  Mr. Kortze said it is his understanding that it is the First Selectman’s perspective is to get together a game plan that involves space needs and use and how the future may change and the space may be used.  The Board of Education has convened a group that includes some people on the Legislative Council to look at the schools space needs.  Even more encompassing is the town and the school as a whole.

Mr. Kearney moved the resolution requesting that the Selectmen require that the chosen architect for the design of the Middle School roof prepare bid specifications which will allow for the submission and consideration of bids which do not necessarily conform to state reimbursable guidelines, but are consistent with sound engineering and construction.  Mr. Gaston seconded for discussion saying it doesn’t preclude them from getting bids that does take into consideration the state reimbursement as well; we want them to look at both.  

Mr. Kearney withdrew the motion.

Mr. Gaston moved to add the resolution concerning the Middle School roof.  Mr. Waterbury seconded.  Motion passed:  YES:  Kearney, Gaston, Kortze, Waterbury.  NO:  Portnoy.

Mr. Kearney moved the resolution requesting that the Selectmen require that the chosen architect for the design of the Middle School roof prepare bid specification which shall also allow for the submission and consideration of bids which do not necessarily conform to state reimbursable guideline, but are consistent with sound engineering and construction.  Mr. Gaston seconded.  Motion passed:  YES:  Kearney, Gaston, Kortze, Waterbury.  NO:  Portnoy.

Mr. Kearney noted that at some point there should be a resolution that when we pay for plans we should own the plans.  

    3.  Discussion on bifurcation:  Mr. Kortze suggested board members attend a charter review meeting and speak for themselves, not for the board.  Mr. Kearney said the board should be able to weigh in if it affects the finances of the town; the evidence should be overwhelming that bifurcation is a good thing to do.  We shouldn’t take a risk; the bond rating will be affected.  His position is that there has to be a lot more information from other towns that deal with bifurcation; there is not nearly enough information at this point to overturn the current town budgeting process.  Mr. Gaston agrees there needs to be more information and research.  He said he believes bifurcation fared very poorly for the education side with the education budget voted down repeatedly in other towns.  He is concerned that bifurcation can be damaging to either side.  It can cause divisiveness between the town side and the education side that doesn’t help foster collaboration.  Mr. Waterbury said that the board looks at it from a financial standpoint.  A lot of the discussion from last year was not a financial discussion; it was the education supporters feeling that they weren’t getting the right amount of money.  Mr. Portnoy pointed out that there are only seven or eight towns in CT with a better bond rating than Newtown.  Mr. Kearney said you don’t base a conclusion on one variable.

ANNOUNCEMENTS:  none.

ADJOURNMENT:
Having no further business the Board of Finance adjourned their regular meeting at 10:20 p.m.


_______________________________
Susan Marcinek, Clerk

Att. A:  B. Walzcak email re:  Sec. 10-222                                                              
Att. B:  NHS PTSA letter re:  high school addition construction delays
Att. C:  J. Gaston email, Oct. 9, 2010 re:  Oct. 6, 2010 LC/BOF/BOS joint meeting with Dr. Chung
Att. D:  Fairfield Hills Financial Report dated 10/28/10
Att. E:  Board of Education Monthly Financial Report, Sept. 30, 2010
Att. F:  Town of Newtown 2011-2016 CIP
Att. G:  State of the Schools overview
Att. H:  Board of Education 2010-2011 Goals and Objectives
Att. I:   Newtown Public Schools Enrollment Report, Oct. 1, 2010
Att. J:   Newtown Public Schools Enrollment Changes
Att. K:  Early Release Day Report, Oct. 19, 2010
Att. L:  Class of 2010 Acceptances and Matriculation
Att. M:  Kostin & Ruffkess & Co., LLC letter re:  State Statute 10-222
Att. O:  Memo from First Selectman to Board of Education Chair re:  Goals & Space Needs