Minutes from the Regular Meeting of the Legislative Council held in the Municipal Board Room in the Newtown Municipal Center, 3 Primrose Street, Newtown, Connecticut, on Wednesday, December 2, 2009. Debbie Aurelia, Town Clerk and temporary chairman, called the meeting of the new council to order at 7:30 pm.
PRESENT: Jan Andras, George Ferguson III, John Aurelia Sr., Kevin Fitzgerald, Chris LaRocque, Richard Woycik, Mary Ann Jacob, Gary Davis, Jeffrey Capeci, Benjamin Spragg, Daniel Amaral and James Belden
ABSENT: none
ALSO PRESENT: First Selectman Patricia Llodra, Town Clerk Debbie Aurelia, 7 members of the public and 2 members of the press.
ELECTION OF CHAIRMAN: Mr. Davis nominated Mr. Capeci as chairman. Mr. Aurelia seconded and the vote was unanimous.
After being elected chairman, Mr. Capeci took the place of the Ms. Aurelia to chair the rest of the evenings meeting.
ELECTION OF THE VICE-CHAIRMAN: Chairman Capeci opened the floor to nominations for the position of vice-chairman.
Mr. Aurelia nominated Mrs. Jacobs for vice-chairman and Mr. Spragg seconded the nomination.
Mr. Fitzgerald nominated Mr. Davis for the position of vice-chairman. The motion was seconded with Mr. Davis withdrawing his motion to have a unanimous vote behind Mrs. Jacobs for the spirit of collaboration so the council could vote together in a unified fashion.
Mr. Amaral nominated Mr. Spragg for the position of vice-chairman. Before the motion was seconded Mr. Spragg respectfully asked to withdraw his nomination.
Following the withdraw from nomination by Mr. Davis and Mr. Spragg, Chairman Capeci asked for a vote on the nomination of Mrs. Jacobs for vice-chairman. The vote was unanimous.
APPOINTMENT OF CLERK TO THE LEGISLATIVE COUNCIL: Mr. Davis nominated Mr. Swigart as clerk. The nomination was seconded and the vote was unanimous.
PUBLIC PARTICIPATION: none
APPROVAL OF THE MINUTES of November 18, 2009: Chairman Capeci asked that the minutes from the council’s regular meeting on November 18, 2009 be tabled until everyone on the new council has a chance to receive and review them.
COMMUNICATIONS:
According to Chairman Capeci, there was an email sent to everyone on old council and probably even the new council received, regarding the minutes and an item about the CIP. According to the email, Fran Pennarola said the council would receive the CIP in December. John Kortze, Chair of Board of Finance said he expected his board to receive the CIPs from the Board of Selectman and Board of Education in early January, so the council would receive them sometime after that.
Chairman Capeci informed the council he had an item from Fran Pennarola who was Chairman of Ordinance committee. The previous council adopted a noise ordinance. It was sent to DEP for approval. The DEP approved it. There was notice in the Bee Nov. 20, 2009 and it shall take effect around Dec 11, 2009.
COMMITTEE REPORTS:
Ad Hoc Communications Subcommittee - Mr. Davis told the council the communications subcommittee is scheduled to meet Dec. 18. According to Mr. Davis, he and Mrs. Llodra attended a meeting with Assistant Superintendent Linda Gejda and members of the Board of Education to talk about policy and how we will administer content on Channel 17 as the town try to expand the use of that channel around the town government.
Chairman Capeci told council members that he will put the committees back together again along with the other standing committees of the Legislative Council – Finance, Ordinance, Administration, Education, Public Safety, Public Works, and Recreation. He stressed that everyone has to be on one of the major committees – Finance or Ordinance and then the council will be dispersed among the other four. He said he would like to make those assignments at the next council meeting, December 16, 2009. Chairman Capeci asked that council members to have their preferences for what committees they wish to serve on by next Wednesday, Dec. 9, 2009. He will also include with communications subcommittee he will also consider people for the Ad Hoc Facilities Subcommittee.
Mr. Davis questioned whether to create another Ad Hoc Facilities Subcommittee should be created or whether public works expand its scope to include this type of work for now as an existing standing committee. He said he prefers to let an existing standing committee handle it as opposed to waiting to establish another Ad Hoc Facilities Subcommittee.
Chairman Capeci indicated he would like to establish the committees first and then allow the committees to decide what they would like to do before establishing another committee.
FIRST SELECTMAN’S REPORT: Mrs. Llodra told council members it has been a terrific exhausting first two days. The First Selectman added that the office was energizing and compelling.
According to Mrs. Llodra she had 5 items to report regarding some questions constituents often ask.
Prison – There has been talk on state level to reduce size or close some prisons. Mrs. Llodra said Warden Semple assured Newtown that Garner is not on the radar at all. She stressed that it’s the prison in Cheshire not Garner.
The Army – Mrs. Llodra highlighted information she received from Congressman Murphy’s office through State Rep. Chris Liddy regarding a recent Legal Notice in the Danbury News Times. The legal notice was posted by the U.S. Army Reserve Center indicating their proposal “to acquire approximately X acres of land for construction and operation of a US Army Reserve Center (USAR) in XXXXX County, State.” Mrs. Llodra said she was told by Rep. Liddy that it has nothing to do with Newtown. She was informed that the army is looking at Danbury, New Milford, Oxford, Southbury and Waterbury.
Railroad – According to Mrs. Llodra, the Inland Wetland Commission (IWC) of Newtown is holding a hearing on Dec. 9, 2009. If the railroad does not appear on Dec. 9 they have two weeks until Dec. 23, 2009, to offer support testimony. She added that the matter has to be resolved on the Dec. 23. The First Selectman reminded the council that the issue regarding the railroad and the wetlands has not gone away. She told the council that the town has the authority per the State to regulate wetlands activity and that permit process has to be complete with IWC. Mrs. Llodra noted that land use has done a good job and said there is no evidence the railroad has continued to fill wetlands. However, she said the question was how much they have filled.
Important Budget Schedule – Mrs. Llodra handed out a draft of the budget schedule to council members and told them the Board of Finance will really develop the calendar and dates are on the draft are approximate. She told them Director of Finance Bob Tait asks that when the municipal budget is prepared, it not be distributed at a council meeting, but he would rather have a professional development session on it first and hand the budget out at that time.
CIP Process – According to Mrs. Llodra, the Board of Finance has determined that they will return the CIP request to both the Board of Education side and the Town side for review, and then resubmission to the Board of Finance by January 11. She added that there are three Board of Selectman meetings between now and Jan. 11 - Dec. 7, Dec. 21, and Jan. 4. Mrs. Llodra added that it was the Board of Selectman’s intent is to grapple with the CIP primarily on Dec. 21 with action to be taken likely on Jan. 4.
UNFINISHED BUSINESS:
Discussion of CIP, budget and other legislative functions- According to Chairman Capeci, the Finance Sub-Committee asked that the CIP ordinance be forwarded on to the new council.
Ms. Andras made the motion that the CIP ordinance be given to the new Finance Sub-Committee and the motion was seconded. After a lengthily discussion on whether or not the CIP ordinance should be given to the new Finance Subcommittee and how outdated the original ordinance was Chairman Capeci asked that the motion be withdrawn. Ms. Andras withdrew her motion and Mr. Woycik withdrew his second to the motion.
Ad-Hoc Facilities Subcommittee – Chairman Capeci began by telling council members what a good job the Ad-Hoc Facilities Subcommittee had done – commending former subcommittee and council members Paul Lundquist, Jan Brookes and Mrs. Llodra for their recommendations.
After a spirited discussion as to the pros and cons of establishing another Ad-Hoc Facilities Subcommittee or dispersing its tasks among the various committees, Chairman Capeci asked that the facilities subcommittee item be carried over to the next agenda.
NEW BUSINESS: none
PUBLIC PARTICIPATION: Barbara O’Connor, 36 Little Brook Lane, said she had a complaint about the temperatures in the meeting rooms. She offered a sound cost saving suggestion to the council – keep the temperatures in the rooms cooler in the winter and warmer in the summer.
ANNOUNCEMENTS: First, Chairman Capeci informed council members that he would be doing as much electronically as possible. Second, he said he would like to discuss with the town attorney about the council having separate email accounts. Third, the chairman said he would like to have agendas out to the council the Friday before the meeting and asked that if anyone had anything for the agenda to let him know ahead of that.
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS: none
ADJOURNMENT: Having no further business, the meeting was adjourned at 8:48 pm.
Ted Swigart, Clerk
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