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, Dec. 16, 2009. Chairman Jeffrey Capeci called the meeting 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, Benjamin Spragg, Daniel Amaral, James Belden and Jeffrey Capeci
ABSENT: none
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Town Attorney David Grogins, Deputy Director of Planning and Land Use Rob Sibley, 5 members of the public and one members of the press.
PUBLIC PARTICIPATION: Bruce Walczak, 12 Glover Avenue, expressed his concern to the council regarding their consideration and possible approval of a refunding bond for $3.5 million which he claimed was never approved by the voters, nor had it gone through the CIP process. To help the council deliberate, Mr. Walczak walked the council, and others attending the meeting, through a brief history citing several dates and figures. At the suggestion of Mr. Woycik, Mr. Walczak provided a copy of his 3-page statement for the council members to review at their leisure.
Karen Pierce, 10 Chestnut Hill Road, Sandy Hook, a member of the Edmond Town Hall (ETH) Board of Managers, made some suggestions on how the town could save money. She suggested that if there was any intention of renovating ETH that it would less expensive to do while the offices were empty and noted that there is funding available to take the burden off of tax payers. She suggested council members use the www.foundation center.org search engine. For historic restoration funds, Mrs. Pierce noted that the town could receive 50% in matching grant aide up to $200,000 as well as a tax credit of 25%.
COMMUNICATIONS: Chairman Capeci said he had two specific communications for the council. The first was regarding FOI and emails. He said there were several courses available to council members via the Connecticut Council of Municipalities one such FOI course would take place on Feb. 6, 2010 at the Russell Library in Middletown. In addition the chairman stated that Attorney Groggins would be willing to do a one hour presentation, tentatively scheduled for Jan. 20, 2010. Finally, Chairman Capeci told the council that Town Clerk Debbie Aurelia would bring members of the state in to talk on Jan. 11, 2010 at 7pm.
The second communication was from Mr. Tait, director of finance, who said that Moody’s had just downgraded Redding’s rating, noting the challenges Redding’s had using their fund balance in regards to their economy and changes to the grand list. Mr. Tait added that the policies “we have” should ward against this from happening in Newtown.
In an additional communication, Mr. Spragg expressed his concern that the budget report the council received, which goes through November 2009, indicates that the town has collected merely half its revenues and said he would like a yearend projection. Mr. Tait said the Board of Finance was currently in the process of a yearend analysis; and, at the suggestion of Chairman Capeci, indicated he would provide a copy of the analysis to the council by the Friday prior to the next Legislative Council meeting in January.
APPROVAL OF THE MINUTES of Nov. 18, 2009 and Dec. 2, 2009: Mr. Ferguson moved that the council approve the minutes of the meeting Nov. 18, 2009 as corrected. Mr. Belden seconded and the motion was unanimously approved.
Mr. Davis recommended the following correction:
- Under COMMUNICATIONS – 4th paragraph, 1st sentence should read, “Furthermore Mr. Pennarola informed the council that Chairman Rodgers had sent a letter to the Board of Education supporting the teacher’s contract.”
Chairman Capeci recommended the following corrections:
- On page 2 under Discussion of CIP, budget and other legislative functions – the 3rd sentence should read, “. . .Ms. Murray made a motion the CIP recommendations be considered by the new council . . .”
- In the motion by Ms. Murray – top of page 3 – should read, “Ms. Murray moved that the council pass the CIP recommendations to the town.
- Under Ad-Hoc Facilities Subcommittee, page 3, the 2nd sentence should read “Mrs. Brookes noted that many of the other subcommittees aren’t as active because they lack the guidance.”
Mrs. Jacob moved that the council approve the minutes of meeting Dec. 2, 2009 as corrected. Mr. Woycik seconded and the motion was unanimously carried.
CORRECTIONS: Mr. Davis requested amending the Dec. 2 2009 minutes to include a statement from which he read.~ Mr. Ferguson suggested~the clerk formulate the statement using record transcripts rather than Mr. Davis' statement. The transcript of Mr. Davis’ statement is as follows: “I recognize that Mary Ann is going to win this vote, so I’m going to withdraw my nomination so we can have a unanimous vote behind her just for the spirit of collaboration. I think it’s been the majority’s decision to break past council’s practice. I’m
going to respect that in the spirit of showing collaboration as a council so we can all work together in a united fashion.”
In addition Mr. Davis noted three other corrections:
- Page 1 -under Election of Vice-Chairman - last sentence- the word “withdraw” should be withdrawal.
- Page 2 – the 3rd paragraph – the 1st sentence – the word, “should”, should be added to the sentence, “. . . whether public works should expand its scope. . .”
- Page 3 – UNFINISHED BUSINESS – under Discussion of CIP, budget and other legislative functions – the 2nd sentence – it was Mrs. Jacob who made the motion that the CIP ordinance be given to the new Finance Subcommittee not Ms. Andras.
Finally, Mrs. Jacob noted for the record that her name was Jacob, not Jacobs with an “s.”
FIRST SELECTMAN’S REPORT: Mrs. Llodra told council members she had 5 items.
- According to the first selectman, the state is struggling with its own deficit. Mrs. Llodra noted that the governor had proposed an $84 million mid-year cut in state aid in an effort to reduce the debt, but the governor’s panel rejected the proposed cut by a vote of 10-2 and in turn endorsed comprehensive mandates relief package. She handed out a copy of a release sent to CCM member mayors, first selectman and town/ city managers from Kevin Maloney at CCM. Mrs. Llodra noted that the towns can’t bear the brunt of the state’s shortfall. According to the first selectman there will be no further action until the legislature reconvenes in February, and stressed that it’s really important “we” stay on top of it.
- Mrs. Llodra told council members that the Army is no longer interested in Newtown and passed out a copy of a letter sent by former First Selectman Joe Borst to Gary Puryear, Base Transition Coordinator, 99th Regional Support Command in Devens, MA. Mrs. Llodra noted Mr. Borst had stayed on an extra week to insure the matter was resolved. She emphasized the last paragraph of Mr. Borst’s letter which stated the town “considers the project covering the acquisition of real property in Newtown by the U.S. Government for the construction of an Armed Forces Reserve Center CLOSED.”
- The first selectman urged the council to stay alert with the ongoing interaction with the railroad and encouraged council members to go to the hearings. Mrs. Llodra noted that as of Jan. 13, 2010, the hearing is closed unless an extension is granted. She added that a decision must be rendered by the Wetlands Commission by January 2010.
- According to Mrs. Llodra, the Board of Selectman will be working on the CIP Dec. 21, 2009 and again on January 4, 2010.
NEW BUSINESS:
The acceptance of a gift to the Town of Newtown of a conservation easement on an approximately 10 acre parcel of land on the north side of Pond Brook Road owned by Arthur C. and Sandra DeGraff – Mr. Ferguson moved to accept the gift of a conservation easement on an approximately 10 acre parcel of land on the north side of Pond Brook Road owned by Arthur C. DeGraff, Jr. and Sandra K. DeGraff as seen on property survey from CCA dated Dec. 4, 2009 account number 96877. Mr. Spragg seconded and after a brief discussion with Attorney Grogins, Mr. Sibley, and the DeGraff’s attorney, Robert Hall, the motion was unanimously carried in a roll call vote.
According to Attorney Hall, the purpose of the gift as a conservation easement removes it from any future development. Although it does not open it up to the town for public use, he noted that it removes it as a building lot. In combination with lot they similarly made a conservation easement two years ago, the land is considered a managed forest.
Purchasing Ordinance #90 Revisions – Chairman Capeci read a memo from Mr. Grogins dated Dec. 11, 2009, requesting change in Section 90-4 of the Ordinance which would allow the town to reject a bid that is considered not in the best interest of the Town and the Town would not have to reject all the bids. It was also recommended that the council raise the limit (presently $10,000) on when purchases have to go to bidding. Mr. Tait would check with other purchasing authorities and make a recommendation.
After a brief discussion with Attorney Grogins and the first selectman on a whether to make revisions to the Purchasing Ordinance, council members questioned whether or not it was indeed an ordinance or town code.
The question was raised after it was revealed that the town ordinances and codes, which were initially separate when in binders, were merged together when put on the town website by an outside organizational service for municipalities.
Chairman Capeci charged the Ordinance Committee with deciding whether or not it becomes an ordinance and suggested that the council take up the matter after committee membership has been assigned.
The meeting reopened at 9:05 pm.
Committee Assignments – Finance Committee – Ms. Andras, Mr. Fitzgerald, Mr. LaRocque, Mr. Davis, and Mr. Amaral with Mr. Spragg as chairman; Ordinance Committee – Mr. Aurelia, Mrs. Jacob, Mr. Woycik, Mr. Belden, and Mr. Capeci with Mr. Ferguson as chairman; Administration Subcommittee – Ms. Andras, Mr. Ferguson and Mr. Spragg with Mr. Davis as chairman; Education Subcommittee – Mr. Ferguson, Mr. Fitzgerald and Mr. LaRocque and Mrs. Jacob as chairman; Public Safety Subcommittee – Mrs. Jacob, Mr. Davis and Mr. Amaral with Mr. Aurelia as chairman; and Public Works/Recreation Subcommittee – Mr. LaRocque, Mr. Amaral and Mr. Belden with Mr. Woycik as chairman.
Ms. Andras moved to send the Purchasing Ordinance to the Ordinance Committee including the recommended changes. Mr. Aurelia seconded the motion and the motion was unanimously approved.
Chairman Capeci told commissioners that he was asked by Fran Pennarola, the previous Ordinance Committee chairman to deliver a packet of information concerning the committee the new chairman.
To consider and act upon the resolution entitled “Resolution with Respect to the Authorization, Issuance and sale of not Exceeding $3,500,000 Town Of Newtown General Obligation Refunding Bonds.” – tabled
To authorize and direct the Board of Selectman to call a special town meeting to consider and act upon the resolution entitled “Resolution with Respect To the Authorization, Issuance and Sale of not exceeding $3,500,000 Town Of Newtown General Obligation Refunding Bonds.” – tabled
Goals of the Legislative Council 2009-2011 – Chairman Capeci told the council that he had taken their suggestion for goals and put them together into one document without leaving anything important out.
The following is a list of the goals of the Legislative Council 2009-2011 as approved by the council together with the motions:
Long Range Planning Support, collaborate and encourage implementation by appropriate town entities for long range planning inclusive of the Master Plan for Fairfield Hills to ensure development is done in the broader context of all needs of the Town of Newtown.
Mrs. Jacob moved to approve the Long Range Planning goal as amended. Mr. Davis seconded and after a lengthily discussion and several amendments regarding exact wording, the motion was unanimously approved.
Council members and the first selectman discussed the wording of the Long Range Planning goal probably the longest of all the goals. The council amended it several times, before Chairman Capeci ultimately asked the board to move on and approve the exact wording after they had sorted out and voted on the other goals.
Capital Expenditures: CIP process recommendations for improvements shall be vetted through the Finance Subcommittee and the guidance of the Board of Finance then acted upon by the council to ensure capital expenditures are carefully planned and prioritized taking into account all town and school system needs. Ordinances and regulations shall be updated to reflect the approved process.
Limit capital expenditures to those items that are essential to the needs of the town and prudent based upon current financial environment.
Council members agreed to move the Capital Expenditures goal forward unchanged.
Budgeting: Sound, fiscally responsible budgets that are understandable and acceptable to the taxpayer shall be presented at referendum. Budgets and the budgeting process shall be transparent to the taxpayer. In an effort to reduce the burden of property taxes, the council shall play an active role petitioning our state legislators to eliminate unfunded mandates and to seek alternate, less burdensome tax policies.
Following a brief discussion, the council agreed to move the Budgeting goal forward.
Economic Development: Responsible, focused economic development shall be encouraged that is: complementary to our municipal plans, aimed at broadening our tax base and increasing revenues without burdening scarce municipal resources.
After a short discussion, council members agreed to move the Economic Development goal forward as is.
Operating Practices: Facilitate the continuation of the work of ad hoc facilities committee with the goal of reducing the cost of service delivery by eliminating redundancies between town and school departments through better communication and collaboration. Regionalization shall also be considered as a cost reduction tool by enabling the distribution of provisioning costs across municipalities.
Mrs. Jacob made the motion to recommend the removal of the entire section relating to Operating Practices. Mr. Fitzgerald seconded the motion and after a brief but divided discussion. In a show of hands 6 to 6, the motion was declared “voted down” by the chairman.
Having no further changes, the Operating Practices goal was moved forward unchanged per the chairman’s recommendation.
Communications: The Administration subcommittee shall continue Improved Communications subcommittee work of the last council should be continued such that policies and procedures are in place for the recording and distribution of council and other municipal board meetings such that the taxpayer is informed of the workings of the town government.
Mr. Davis moved to amend the Communications goal adding “Administration subcommittee shall continue to the first sentence and changing “Legislative Council” to “town government” in the last sentence. Mr. Ferguson seconded and the motion was unanimously approved.
Charter Revision: After a brief discussion, Mr. Ferguson moved to strike Charter Revision from the council’s list of goals. Mrs. Jacob seconded and the motion was unanimously carried.
After revisiting and voting on the Long Range Planning goal, Mr. Davis moved that as amended, the goals of the council for 2009-2011 be adopted. Mr. Woycik seconded and the motion was unanimously approved.
UNFINISHED BUSINESS:
Discussion of CIP, budget and other legislative functions- Mrs. Jacob moved the CIP proposed recommendations forwarded by the last council be given to the Finance Committee. Davis seconded and the motion was unanimously carried.
Ad-Hoc Facilities Subcommittee – Mrs. Jacob moved that the Ad-Hoc Facilities Subcommittee recommendations be given to the Public Works/Recreation Subcommittee. Mr. Belden seconded and the motion was approved by a vote of 11-1 with Mr. Aurelia voting against the motion.
PUBLIC PARTICIPATION:
Karen Pierce, 10 Chestnut Hill Road, Sandy Hook, expressed her concerns about raising the amount of the bidding and she question whether that would cause concerns with local contractors.
ANNOUNCEMENTS:
Mr. Aurelia suggested that the council get a gavel and asked that the microphones need to be turned on so he could hear everything that was being said.
Mrs. Llodra told Mr. Aurelia that she understands the frustration regarding the microphones, but indicated that there needs to be training before the master switch can be turned on.
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS: none
ADJOURNMENT: Having no further business, the meeting was adjourned at 10:15 pm.
Ted Swigart, Clerk
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