Minutes of the special meeting of the Legislative Council held on Wednesday, August 22, 2007 in the Senior Center, Riverside Road, Sandy Hook, CT. Chairman Rodgers called the meeting to order at 7:30 p.m.
PRESENT: William Rodgers, Timothy Holian, Daniel Amaral, Joseph Borst, David Brown, Jeffrey Capeci , Stacie Doyle, Keith Jacobs, Patricia Llodra, Francis Pennarola. ABSENT: Joseph DiCandido, Michael Iassogna,. ALSO PRESENT: First Selectman Herbert Rosenthal, Financial Director Benjamin Spragg, Board of Education Chairman Elaine McClure, members of the Charter Revision Committee, eight members of the public, James Gaston of the Board of Finance, two members of the press.
PUBLIC PARTICIPATION. Kathy Fetchick, 18 Clapboard Ridge Road, does not feel that the Town should give the Board of Education additional funds for insurance because the voters approved a certain amount.
Elaine McClure, 13 Ashford Lane, asked that the Legislative Council table the item of Year-Round Schooling until they receive information from the Board of Education who voted that in the long and short term this is not in the best interests of the Town.
Ben Roberts, 19 Farrell Road, said that no other school in the Northeast has year-round school, so why should Newtown. We have other more pressing issues than this.
COMMUNICATIONS. None noted.
COMMITTEE REPORTS. None noted.
FIRST SELECTMAN’S REPORT. Mr. Rosenthal had no report.
UNFINISHED BUSINESS.
Discussion and possible action concerning Paul Lundquist’s offer to conduct a survey of the residents of Newtown. This item will be tabled.
Discussion and possible action on BOE request for special appropriation concerning health insurance savings. Mrs. McClure said that the Board did not ask for a special appropriation but asked if the Town could do something for the Board of Education. Mr. Rodgers said that the only mechanism would have been a special appropriation. Mrs. McClure reported that the Board of Education is withdrawing this request.
Discussion and possible action concerning an irrevocable trust fund to benefit the Town of Newtown. Mr. Rosenthal did not bring to the Town meeting the matter of the proceeds from the land sale. The Town Attorney is of the opinion that such a trust can be established but not that Town funds can be placed into such an account. The Town Attorney will be contacted to determine if the Legislative Council needs to take any action.
NEW BUSINESS.
Year-round schooling. This item will be tabled until information is received from the Board of Education.
Report from Finance Committee concerning suggestions for Administrators’ Contract (possible executive session). This item will be tabled.
The possible enactment of an ordinance adopting a new codification of the Town of Newtown Charter, Special Acts and Ordinances. Mr. Pennarola moved the adoption of the codification ordinance which will serve as Chapter I of the Code of the Town of Newtown. Second by Mrs. Llodra. Mr. Brown asked: if Section 1-7 d should read “distributee”; Section 1-15 b. needs to have the Chapter and Section numbers added; Section 1-7 should read “Legislative” not “Town” council. Mr. Rodgers noted that this codification is not necessary to enforce the codes as this is a compilation of existing codes. Mr. Pennarola agreed to the changes suggested.
Motion unanimously carried.
The recommendations of the Charter Review Committee for changes to the Town’s Charter. Mr. Rodgers reported that the Legislative Council must act within fifteen days of tonight’s meeting or by September 6, 2007. The next regular meeting is September 5. He asked if any members of the Legislative Council wished to discuss the Charter Review Committee’s draft recommendations.
Mr. Brown presented a list of changes from his/him to his/her. He also noted: page 11, Section 3-30 a.7. name of Board of Finance should be changed to Finance Advisory Board. Mr. Cramer said that we have two finance advisory boards; the Legislative Council satisfies all general statutes requirements for a board of finance and the Financer Advisory Board will satisfy a limited number of the requirements. Mr. Brown further noted: page 17, we should have a section for the Inland Wetlands Commission; page 19, is there a problem if the chairman of the Finance Advisory Board signs checks if the First Selectman is not available; p. 19, Section 5-01 b 8, says that the Financial Director prepares a cost analysis of all contracts – does this include the Board of Education as other sections separate Town and Board of
Education. Mr. Spragg said that he assists but has little input. Perhaps “shall” could be changed to “may.” Also p. 20 5-10 a and 5-20 a says person filling vacancy shall fill vacancy only. Can they also then serve a full term. Eliminate “only.” P.21, 5-60, should the Civil Preparedness Director prepare reports – Mr. Rosenthal said we have not have a Civil Preparedness Director for several years and this should be stricken from the Charter.
Mr. Rodgers noted that the Legislative Council may not be able to introduce any items that were not considered by the Charter Review Committee.
Mr. Brown continued: p. 26, 6-14 a – could Advisory Questions be given its own section rather than limited to budget referenda? Mr. Rodgers asked concerning “advisable” by whom and under what circumstances. Mr. Brown asked if it is possible or necessary to establish and maintain an irrevocable trust fund in the charter.
Mrs. Llodra noted on p. 6 2-70, number of members of Board of Education – general statute 9-205 refers to changing the number of members and should be referenced rather than 9-206a. Mr. Cramer said that 205 is an ordinance and 206 a is a statute and that two attorneys on the Charter Review Committee said that 205 refers to removing all of the members of the Board in an election, even those whose terms have not expired.
Mr. Rodgers asked Mr. Cramer if Attorney Grogins reviewed the final document that the Legislative Council has tonight, but Mr. Cramer does not know.
Mrs. Llodra continued: p. 11, 3-30 para 3 asked what is meant by threshold costs; Mr. Rodgers said that is up to the Legislative Council to determine. Mrs. Llodra noted that existing language on p. 23, 6-11 b says that the Board of Education but not the Board of Selectmen is required to provide revenues as well as expenditures to the Finance Advisory Board. Also p. 25 6-13 b 2. existing language looks like the Finance Advisory Board or the Legislative Council can line item the Board of Education budget; p 32 7-40 d. existing language 80 people can petition town meetings; where did the 80 come from?
Mrs. Llodra also noted that the Charter Review Committee noted it was not changing language concerning the Public Building Committee but the language is modified. Mr. Howard commented that it was the Charter Review Committee’s understanding that Public Building was to be involved in each project so “all” was added for clarification. Mr. Rosenthal said that is a substantive change since the Charter did not say “all” but that the Public Building Committee would act on the request of the Board of Selectmen and Board of Education and that Public Building had given input saying that they wanted to be involved in projects of a certain size. Mr. Cramer said that the ordinance seemed to be at variance with the Charter so “all” was added for clarification. Mr. Rodgers asked Mr. Cramer if
the Charter Review Committee asked if this recommendation was for consistency or was the Committee invested in making this change; Mr. Cramer was not sure.
Mrs. Doyle asked for population numbers for the voting districts. Mrs. Frampton said that the new Districts 1 and 2 would have 8,000 each. Present District 1 has 5,300, District 2 has 5,500, District 3/1 has 2,000 and 3/2 under 2,000.
Mr. Rodgers referred to the Charter Review Committee’s report of July 2007 and charge numbers. Charge #8 to compress the budget process would make the process further in advance of the State’s budget which is probably not desirable. Also eliminating a public hearing and having a joint hearing with the Board of Finance and the Legislative Council may prejudice the Board of Finance as to what their role is. Also the wrong hearing would be eliminated. Charge #12 emergency appointments are not addressed. Charge #13 is not clear. Mr. Cramer said that #13 is in #8. Mr. Rodgers said that #27 is vague concerning managing year end transfers.
Mr. Rosenthal is concerned about moving the budget process up as it should be closer to when the State approves its budget. Also eliminate the earlier not the later public hearing. Mr. Rosenthal said that Mrs. Johnson was not correct in stating that the First Selectman is the Purchasing Authority. The Charter says that the Financial Director in conjunction with the First Selectman shall be the Purchasing Authority.
Mr. Rodgers noted that Mrs. Johnson’s statement the Charter Review Committees’ recommendations have never be lumped together for a vote but that they were always separate was not correct.
Mr. Rodgers asked the members of the Legislative Council to send him their proposals before the next meeting on September 5 as the Council must vote that night. Mr. Cramer asked that the Legislative Council provide him with language dealing with the surplus and advisory questions.
PUBLIC PARTICIPATION. James Gaston, Main Street, does not feel that the Board of Finance should be changed to the Finance Advisory Board because the Board of Finance is not advisory. Section 5-01-5 of the Charter says checks can be signed by the First Selectman or the Finance Advisory Board; 5-01-1 covers all books of the Town as adopted by the Board of Finance and approved by the Legislative Council. Section 6-11 says that the Board of Finance can add to the proposed budget but the Legislative Council cannot. Section 6-70 says that transfers under $50,000 require approval by the Board of Finance. Mr. Rodgers noted that Mr. Cramer had explained that the term was created to be consistent with the General Statutes and will be reviewed by the Town Attorney. Mr. Gaston is concerned that an advisory board may not have
government immunity. He said that there is no reason to touch the CIP. He agrees that the budget process should not be moved forward and that the other public hearing can be eliminated. Budget surplus language is important.
John Voket, The Bee, said that The Bee has reported on two Connecticut school systems that are on a twelve month (year round) schedule.
Mr. Cramer said that the Charter Review Committee felt that the Legislative Council not the Board of Finance should amend the CIP.
Mr. Rodgers asked Mr. Cramer to note on the charges how and why they acted on the charges.
Mr. Howard said that the issues of two legislative bodies is a difficult one.
ANNOUNCEMENTS. None noted.
EXECUTIVE SESSION. Mr. Brown moved to enter executive session at 9:05 p.m. to discuss legal matters, second by Mr. Capeci and unanimously carried. Executive session was exited at 9:15 p.m.
Mr. Capeci moved to authorize the Town of Newtown to take whatever action is necessary to defend itself in the matter of Newbrook LLC vs. the Inland Wetlands Commission of the Town of Newtown. Second by Mr. Brown and unanimously carried with Mr. Rodgers recusing himself.
Mr. Capeci moved to authorize the Town of Newtown Zoning Enforcement Officer to initiate legal action against 4 Berkshire Road for zoning violations (Wayne Britto, 4 Berkshire Road, Sharon Doherty, 3 Fir Tree Lane and Brian Britto, 13 Mistletoe Court, Southbury). Second by Mr. Jacobs and unanimously carried.
ADJOURNMENT. The meeting adjourned at 9:28 p.m.
Ann M. Mazur, Clerk
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