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02-03-10 Minutes
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, February 3, 2010. Chairman Jeffrey Capeci called the meeting to order at 7:39 pm.
PRESENT: Jan Andras, George Ferguson III, John Aurelia Sr., Kevin Fitzgerald, Chris LaRocque, Richard Woycik, Mary Ann Jacob, Benjamin Spragg, Daniel Amaral, James Belden, Gary Davis and Jeffrey Capeci.
ABSENT:
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, 1 member of the press and two members of the public
PUBLIC PARTICIPATION: none

APPROVAL OF THE MINUTES of January 6, 2010, January 20, 2010: Mr. Ferguson moved to accept the minutes of January 20, 2010 as corrected. Mr. LaRocque seconded and the motion was carried. Chairman Capeci abstained as he was not present at the meeting.
Corrections: Page 1, under COMMITTEE REPORTS: Finance Committee, last sentence, Mr. Spragg noted that the end of the sentence should read “he request that the chairs of the sub-committees email him their recommendations by March 30, 2010, so they can submit their recommendations to the Finance Committee by April 6, 2010 .”
January 6, 2010, put period after the word “tabled” and strike everything after.  Page 2, under COMMITTEE REPORTS (continued): Public Works & Recreation Sub-Committee, end of the third sentence, replace “would lead to more efficiency” with “might ID areas of more efficiency.” Page 4, under Biennial Review of Purchasing Regulation No. 4, at the end of first sentence of the motion, add, “. . . to the ordinance committee.” So the final motion should read: “Mr. Ferguson moved to refer the Biennial Review of Purchasing Regulation to the Ordinance Committee. Mr. Aurelia seconded and the motion was unanimously carried.”
Mr. Spragg moved to accept the minutes of January 6, 2010. Mr. Ferguson second and the motion was approved. Davis abstained as he was not present at the meeting.

COMMUNICATIONS: Chairman Capeci reminded council members the FOI class that Clerk Debbie Aurelia is holding with FOI Commissioner will be held on March 11, 2010 in the Municipal Board Room. He asked that they please call the Town Clerks Office to RSVP if they were planning to attend. In addition, the chairman announced that he had two items from the Tax Collector Carol Mahoney: First, there is a request to increase the CAP for Newtown tax relief for seniors and the totally permanently disabled from $1.2 million to $1.225 million to complete the fiscal year commencing in July 1, 2010; and second, they are working on assignment of tax liens. Mr. Capeci noted that in past, the tax liens were typically given to vendor who collected 100%, but by putting it out to bid the Town is hoping to get more than 100%. He explained that they are able to collect more than 100% because they collect interest.
Finally, Chairman Capeci compiled a procedure for posting agenda and minutes for meetings together with Sue Marcinek from the first selectman’s office and Renee Wiemann in the town clerk’s office.
According to the chairman, the procedure is as follows:
1.) Chairman plans the meeting: a.)~Call Sue Marcinek in the First Selectman’s office at 203 270-4201 and reserve a meeting room. b.) Create an agenda containing any items for discussion and/or action. ~Distribute it via email to all Legislative Council Members.~ Carbon-copy Renee Wiemann renee.weimann@newtown-ct.gov and Debbie Aurelia debbie.aurelia@newtown-ct.gov in the Town Clerk’s office.~ Meeting agendas must be posted 24 hours in advance so give Renee at least an extra day.
2.) Hold the meeting: a.)~Take notes such that all motions are documented and adequate minutes can be compiled.
3.) If motions are made, distribute them to the full council and to Renee for posting within 48 of the meeting.
4.) Minutes should be identified as draft and must be posted within 7 days.~ Distribute them via email to the council Renee and Debbie.

COMMITTEE REPORTS:
Education Sub-Committee – Mrs. Jacob informed council members that the sub-committee met just before the council’s last meeting and they delegated who would go to what meetings. She reported that the Board of Education had their first deliberation meeting last night. According to Mrs. Jacob, “it was hotly attended with about two hours worth of speakers” and she said she would email a copy of the report from the first deliberations meeting to the council. She noted the Board of Education meets again tomorrow with final deliberations on Tuesday.
Mr. Fitzgerald, who attended the meeting for the sub-committee and furnished the report, indicated that last night’s deliberations went on until about 12:30 am.
Public Works & Recreation Sub-Committee – Mr. Woycik, chairman of the Public Works & Recreation Sub-Committee, reported that there meeting this evening was to clarify a position and formal recommendation that they had made in their last meeting and would address it under New Business that evening.
Administration Sub-Committee – Mr. Davis, chairman of the Administration Sub-Committee, reported that the committee met before the Council’s meeting that evening and tried to identify things the committee should tackle. He said he felt they had a “pretty good give-and-take,” and said that they plan to meet again March 3, 2010.
Mr. Davis concluded by saying the High School Tech Team will be trained tomorrow to learn how to use some of equipment in Municipal Board Room and said they will be ready to do their first meeting February 18.
Finance Committee - Mr. Spragg, Chairman of the Finance Committee, reported that the Finance Committee will meet again tomorrow night in the lower court room, Town Hall Main Street.
Public Safety Sub-Committee –Mr. Aurelia, chairman of the Public Safety Sub-Committee, said they met January 21, 2010 the meeting last for over two-hours with the police department and the meeting was put on the internet. Mr. Aurelia thanked their secretary, Mr. Davis, for a great job. He finished by stating that the sub-committee plans on meeting with the Fire Department and EMTs within the next week and a half.

FIRST SELECTMAN’S REPORT:
Mrs. Llodra informed council members that the Board of Selectmen finished its budget deliberations Monday evening. She reported that the amount of change for fiscal year 2009/2010 budget is a total of $301,278.
According to the first selectman, the board is asking for a budget that has a total of $301,278 more than the approved budget for fiscal year 2009/2010 which represents a .86% increase in funding or a less than 1% increase from the 2009/2010 fiscal budget. Mrs. Llodra said that budget was amended, so working off the new bottom line of the new budget for fiscal year 2009/2010, they are asking for an increase of $1,127,257 which represents an increase of 2.99% from the amended budget. She told the council that budget now goes to Board of Finance, Feb 8, 2010, with a letter transmittal and noted that the actual presentation of the budget will be after the hearing.
According to Mrs. Llodra, the Board of selectmen acted on all 64 budgets accounts with well more than 100 motions - a very long process, very grueling, very deliberative. She noted that every budget has been examined.
In addition, Mrs. Llodra encourage member of the council to continue communicating with state legislators and urged them get legislators to advocate for them and hold them accountable. To highlight her report, the first selectman handed out two documents one from COST – Council Of Small Towns – which list key issues that will have an effect on all municipalities; and a second from CCM which talks about actions taken now in Hartford and the impacts they have on municipal funding.

UNFINISHED BUSINESS:
Discussion and possible action regarding Public Works Subcommittee recommendations with regard to the Ad Hoc Facilities Report dated November 28, 2009 – Mr. Woycik moved that he Legislative Council Recommends the appropriate town entities consider the recommendation contained in the Interim Report of the Legislative Council Ad Hoc Facilities Committee dated November 18, 2009.  The recommendations are: 1.) Identify software applications/develop procedures to track maintenance work that is shared across departments. To be implemented in the 2009-2010 fiscal year. Responsibility: Board of Selectman, Superintendent of Schools. 2.) Implement the work tracking software in the Public Works Department. To be implemented in the 2009-2010 fiscal year. Responsibility: Board of Selectman. 3.) Implement the work tracking feature in the Parks & Recreation and the Board of Education Maintenance Departments. To be accomplished in the 2010-2011 fiscal year or sooner. Responsibility: Board of Selectman and the Board of Education. 4.) Complete study of whether consolidating the town-wide maintenance into one department would lead to greater efficiencies and cost savings, using hard data generated from technology programs that track cost of work. To be accomplished in the 2011-2012 fiscal year. Responsibility: Board of Selectman and Board of Education. Mr. LaRocque seconded and the motion was unanimously approved following a brief discussion.

At this time, Mr. Fitzgerald left the meeting after reminding Chairman Capeci he had to leave early.

NEW BUSINESS:
Discussion and possible action regarding the Special Appropriation of $45,000 from the Capitol and Non- Fund (Fund #44) for approximately 20% design cost of the Middle School Roof Project – Mrs. Jacob moved to authorize the special appropriation of $45,000 from the Capitol and Non-Recurring Fund (Fund #44) for approximately 20% design cost of the Middle School Roof Project. Mr. Spragg seconded and the motion was unanimously approved following a brief discussion and the addition of the subsequent amendment to the motion.
Mr. Tait reported that these funds represent approximately 20% of the schematic design fee which would enable the town to obtain a reasonable cost for the proposed Middle School Roof Replacement Project. He noted that these funds will be subsequently reimbursed to capital & non-recurring fund by the project.
Mr. Spragg said he was comfortable with moving it that evening but without having verified that the architect services have gone out for proposal, he indicated that he would like to amend the resolution.
Mr. Spragg moved to amend the resolution “that the design architect for the Middle School Roof Project shall be hired in accordance with Chapter 90 Section 90-11 Professional Services of the Purchasing Regulations. Mr. Woycik seconded and the amendment to the resolution was approved after a brief discussion and agreement that the amendment should be voted on separately.
Mr. Ferguson brought up his concerns that there might be some heating ventilation and air conditioning updates that might need to be done and that the architect take those into account before the roof is redone. Mr. Tait indicated that was discussed at recent sub-committee meeting and at the Board of Finance meeting it was also discussed and he noted that they did ask Gino if the project went on would it interfere with any subsequent air handling projects and he added that Gino said it would not.
Immediately prior to the approval of the amendment, Mr. Spragg asked that the amendment be voted on separately from motion for the original resolution so that it was distinctively out there and Mr. Tait knows to share with the school system that he’s not in a position to honor their draw downs on this $45,000 if they haven’t gone through the requested proposal procedure.

PUBLIC PARTICIPATION:  Barbara O’Connor, 36 Little Brook Lane, expressed her concerns about the Town “getting a days’ work for a days’ pay.” According to Mrs. O’Connor, there are many town employees who work very hard, but she indicated that there are some who definitely don’t – and they are all involved in unions. She added that she wishes there was something that could be done about it.

ANNOUNCEMENTS:
POSSIBLE EXECUTIVE SESSION AND POSSIBLE ACTION ON LEGAL MATTERS, LAND,
PURCHASES, EMPLOYEE MATTERS:  At 9:22 pm, Ms. Andras made the motion to go into executive session regarding property issues and invited the first selectman and director of finance to attend. Mr. Aurelia seconded and the motion was unanimously carried.

At this time, the clerk left the meeting for the duration of the executive session..

The meeting reopened at 9:40 pm.

Mrs. Jacob made the motion to approve the settlement agreement between the Town and the owners of 38 Lake View Terrace dated December 17, 2009. Mr. Spragg seconded the motion was approved 8-3 after a motion to table failed. Mr. Ferguson, Mr. Woycik and Mr. Aurelia voted against. Ms. Andras, Mr. Belden, Mr. LaRocque, Mrs. Jacob, Mr. Spragg, Mr. Amaral, Mr. Davis and Chairman Capeci voted in favor.

Mr. Woycik made the motion to table. Mr. Woycik seconded and the motion to table failed 3-8. Voting in favor were Mr. Ferguson, Mr. Woycik and Mr. Aurelia. Voting against the motion were Ms. Andras, Mr. Belden, Mr. LaRocque, Mrs. Jacob, Mr. Spragg, Mr. Amaral, Mr. Davis and Chairman Capeci.

ADJOURNMENT: Having no further business, Mr. LaRocque made the motion to adjourn at 9:50 pm. Mr. Belden seconded and the motion was unanimously carried.


Ted Swigart, Clerk