Minutes from the Regular Meeting of the Legislative Council held in the meeting room of the C. H. Booth Library, 25 Main Street, Newtown, Connecticut, on Wednesday, August 19, 2009. Chairman Will Rodgers called the meeting to order at 7:30 pm.
Present: John Aurelia, Sr., Francis Pennarola, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Po Murray, Daniel Amaral, Jan Brookes, Jeffery Capeci, Paul Lundquist and William Rodgers.
Absent: Gary Davis
Also Present: Finance Director Bob Tait, Director of Public Works Fred Hurley 4 members of the public and 1 members of the press.
PUBLIC PARTICIPATION: Alan Kramer, 5 Partridge Lane, questioned whether a member of the Legislative Council should be permitted to participate in business meetings of the Board of Finance and the Board of Selectman in regard to the CIP discussions.
Mr. Kramer began by thanking the council for their service to the town and said it was a very positive proposal which would allow members of the Legislative Council to be more informed of the decisions of the two other boards.
According to Mr. Kramer, the negative aspects are as follows:
1) It would promote one’s own personal agenda – for example posing questions not to cut the school budget.
2) It was the notion that this was only going to be questions. Where in business meetings, questions elicit a response and would generate a discussion.
Mr. Kramer also reminded those at the meeting that a member of the Legislative Council is a duly elected officer of the town which they hold by virtue of the office and position or “ex-officio” as per Robert’s Rules of Order.
Furthermore, he says that the town’s Charter says that no member of the Legislative Council shall hold or be appointed to any other office, board or commission of the town – therefore serving as an “ex-officio” member on another board in town would be a violation in the charter.
As an example, Mr. Kramer addressed Section 3-01 of the Charter, the Board of Selectmen, which states that during his or her term of office, no member shall be appointed to any other office.
In conclusion, he emphasized that the Charter is clear that an “ex-officio” member is the same as any other member.
Before continuing, Mr. Rodgers took a show of hands as to how many council members were planning on attending the Land Use meeting. Six members showed their hands and the Chairman asked that everyone keep their responses brief and to the point.
MINUTES of August 5, 2009: Mrs. Brookes made the motion to approve the changes as discussed to the minutes of the regular meeting August 5, 2009. Mr. Aurelia seconded. Mr. Rodgers and Mr. DiCandido abstained and Mr. Aurelia, Mr. Pennarola, Mr. Hemingway, Mrs. Llodra, Ms. Murray, Mr. Amaral, Mrs. Brookes, Mr. Capeci, and Mr. Lundquist voted in favor of the motion.
(Copy of the Aug. 5, 2009 minutes are attached with changes noted in “red”)
COMMUNICATIONS: none
COMMITTEE REPORTS: none
FIRST SELECTMAN”S REPORT: none
UNFINISHED BUSINESS:
Discussion and possible action on Noise Control Ordinance – Chairman Rodgers indicated that there would be no action taken on the ordinance at this time.
Discussion and possible action: Transfer from Account 01500-4061 Contractual Drainage the amount of $37,500 to account 01500-2016 Equipment Fuel. Mr. Pennarola made the motion to transfer from account 01500-4061, Contractual Drainage, the amount of $37,500 to account 01500-2016, Equipment Fuel. Mrs. Llodra seconded the motion and after a brief discussion with Mr. Hurley, the motion was unanimously approved.
Ms. Murray addressed the spread sheet she had sent to Mr. Hurley and raised the question as to which projects will be completed for ‘08/’09, which projects were in the bidding processed, which projects will be in the design phase and which will be next fiscal year.
She told Mr. Hurley that she noticed there was Contractual drainage amount being transferred to equipment fuel she want to know if public works would be able to complete the ones planned for ’08/’09.
Mr. Hurley indicated they would be able to complete those projects.
Ms. Murray then asked where the money was coming from and Mr. Hurley stated that there were three roads listed under that line item – Eden Hill, High Barlow and Farrell Road. In the closeout at end of year, he said they did two things: re-appropriated money Eden Hill and High Barlow that is now being taken care of in re-appropriations; and Farrell Road was completed -did some additional work had some money in this line item at the end of the year.
Ms. Murray asked what the original projected amount was and Mr. Hurley told her $130,000.
Mr. Hurley said that this happens every year to Public Works. He added that they have no control over the fuel bill because it changes throughout the 12 months of the budget.
Discussion and possible action: Transfer from account 01500-1003 Payroll the amount of $3,500 to account 01500-2018 Street Electric – Mr. Pennarola moved to transfer from account 01500-1003, Payroll, the amount of $3,500 to account 01500-2018, Street Electric. Mr. Capeci seconded and the motion was unanimously carried.
Discussion and possible action: Transfer from account 01500-4060 Winter Contractual the amount of $1,532 to account 01500-1003 Winter overtime – Mr. Pennarola made the motion to transfer from account 01500-4060, Winter Contractual, the amount of $1,532 to account 01500-1003, Winter overtime. Mrs. Llodra seconded the motion was unanimously approved.
Discussion and possible action: Financial Impact Statement- Mr. Tait handed out a copy of a proposed Financial Impact Statement as mentioned in 6-100 of the Town Charter.
According to Mr. Tait, anytime a department head requests special appropriations a Financial Impact Statement should be drawn up.
It’s a spread sheet and allows spaces for details, he added. It’s made to be simple.
Mr. Tait said he welcomes any comments for the next meeting.
Chairman Rodgers said it “looked like a wonderful document” and that “it was a good first step.”
Discussion of CIP, budget and other Legislative functions- According to Mr. Tait, he went to the Board of Selectman meeting and obtained a copy of the Fairfield Hills Authority CIP. He briefly described the handout and said he welcomed any comments at the next meeting.
Mr. Tait noted that this was just a plan.
NEW BUSINESS:
Discussion and possible action: Transfer from account 01580-2002 Interest the amount of $134,999.54 to account 01580-2001 Principal – Chairman Rodgers conferred with Mr. Tait and announced that this particular transfer does not need to be on the agenda. Mr. Tait indicated that it only goes to the Board of Finance.
PUBLIC PARTICIPATION: none
ANNOUNCEMENTS: none
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS: no executive session
With no further business, Chairman Rodgers asked for a motion to adjourn.
Mr. Pennarola moved to adjourn the meeting at 7:56 pm. Mrs. Llodra seconded and the motion was unanimously carried.
Ted Swigart, Clerk
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