Minutes of the Regular Meeting of the Legislative Council
Held in the Board Room in the Newtown Municipal Center,
3 Primrose Street, Newtown, Connecticut
Wednesday, May 5, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:30 pm.
PRESENT: George Ferguson III, John Aurelia Sr., Chris LaRocque, Richard Woycik, Benjamin Spragg, James Belden, Gary Davis, Daniel Amaral, Jan Andras, Kevin Fitzgerald, Mary Ann Jacob, and Chairman Jeffrey Capeci
ABSENT: none
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, 2 members of the press and one member of the public.
VOTER PARTICIPATION: none
APPROVAL of the MINUTES of March 25, 2010, Public Hearing, and the Special Meetings of April 25, April 14, April 21, and April 29, 2010: (***Corrections to the 4 sets of minutes listed on pgs. 4 & 5.***)
Mrs. Jacob moved to accept the minutes of the Public Hearing, Thursday, March 25, 2010, as corrected. Mr. LaRocque seconded and the motion was approved. Mr. Davis abstained as he was not present at the hearing.
Mr. Ferguson made the motion to accept the minutes of the Special Meeting, Wednesday, April 14, 2010, as corrected. Mr. Fitzgerald seconded and the motion was carried. Mrs. Jacob abstained as she was not present at the Special Meeting.
Mr. Ferguson moved to accept the minutes of the Special Meeting, Wednesday, April 21, 2010, as corrected. Mr. Woycik seconded and the motion was approved. Mrs. Jacob abstained as she was not present at
the Special Meeting.
Mrs. Jacob made the motion to accept the minutes of the Special Meeting, Thursday, April 29, 2010, as corrected. Mr. Amaral seconded and the motion was approved. Mr. Woycik abstained as he was not present at the Special Meeting.
COMMUNICATIONS: none
COMMITTEE REPORTS:
Ordinance Committee – Mr. Ferguson reported that the Ordinance Committee had posted Revised Flood Ordinance in The Bee with a Public Hearing scheduled for Wednesday, May 19, 2010. He added that the Council will be asked to take action on the ordinance at that time.
Mr. Ferguson also reported that the committee moved to public notice the Revised Design Advisory Board notice. He said the Board will be comprised of 3 members and 2 alternates with quorum size of 2. Mr. Ferguson noted that the hearing should be on Wednesday, June 2, 2010.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra reported on six items to the Council.
The level of Building Permits – According to the First Selectman, for the last three months building permits have been up in comparison to the previous year for the same month. She said the difference between April 2010 and April 2009 is about $1,000.
Referral by Board of Selectman for Legislative Council to adopt an ordinance allowing abatement of property taxes on individually owned open space in exchange for transfer of development or other rights to the town – the First Selectman indicated this would protect the town from development in some desirable areas without an outlay of cash but there would be an abatement of taxes so there is a financial obligation. She added that a local ordinance would be required. Mrs. Llodra noted that the Board of Selectman referred it to the Council recommending members consider it favorably. The proposal that the Town adopt an ordinance was made by the Conservation Commission.
Issue of Bond Rating – Mrs. Llodra reported that Moody’s has recalibrated Newtown’s rating to AA1. She added that there were three key items within the Town’s control that helped bring this about: Debt Policy, Fund Balance Policy and the CIP.
Mr. Tait handed out a General Fund, Fund Balance Analysis Sheet to the Council to help him address both the planned use of the General Fund, Fund Balance, and using more Fund Balance in 2010-2011.
Self Funding Insurance Plan – The First Selectman said the Town has the final quotation. She noted the Town is now locked in by contract and moving funding of insurance to self-funding.
Pay For Play Concept – Mrs. Llodra passed out a color chart addressing the “Pay-For-Play Concept”. She explained that the funds generated at the school site, where people pay to participate in various activities, would go into a specific part of the general fund. Mrs. Llodra stressed that the reason the monies go into the General Fund is because it is this fund that pays all the bills.
Clarification of Statement – Mrs. Llodra said she wanted to add some clarification to a statement she had made at the Council’s Special Meeting on April 29, 2010, regarding the additional reductions. She indicated that it had been misinterpreted by some. The First Selectman explained that when she said she can manage it, it was not to indicate that it is not difficult and challenging. She said it is difficult and challenging but said she and the Board of Selectman perceive this to be their responsibility.
UNFINISHED BUSINESS:
Discussion and possible action: A Resolution With Respect To The Close-Out of Various Capital Projects and Reducing the Appropriations and Authorized and Unissued Amounts for Such Projects –
Chairman Capeci called for a motion.
Mr. Spragg made the motion to accept the resolution with respect to the close-out of various capital projects and reducing the appropriations and authorized and unissued amounts for such projects. WHEREAS, certain of the projects and purposes set forth on Schedule A attached hereto (collectively, the “Projects”), are complete or are no longer intended to be completed and the Town of Newtown (the “Town”) desires to close-out such projects; and WHEREAS, the Town desires to reduce the remaining appropriations and authorized and unissued bond amounts which will not be needed for the Projects; NOW THEREFORE BE IT RESOLVED THAT: RESOLVED: The appropriations and authorized and unissued bond amounts for the Projects are hereby reduced in accordance with Schedule
A. The aggregate amount of such reductions in Schedule A totals $505,000.
Schedule A:
The remaining $10,000 appropriation and authorized and unissued balance of the $300,000 appropriation and bond authorization for the acquisition and construction of baseball field lights for one adult/youth field to be built on the Fairfield Hills Campus by a resolution entitled, “Resolution Appropriating $500,000 For Various Public Improvements And Authorizing The Issuance Of $500,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Legislative Council on June 5, 2008.
The remaining $200,000 appropriation and authorized and unissued balance of the $200,000 appropriation and bond authorization for the study and design and related architectural and engineering costs for improvements and renovations to the Town of Newtown police building by a resolution entitled, “Resolution Appropriating $500,000 For Various Public Improvements And Authorizing The Issuance Of $500,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Legislative Council on June 5, 2008.
The remaining $5,000 appropriation and authorized and unissued balance of the $725,000 appropriation and bond authorization for the installation of an artificial turf field system at Tilson Soccer field by a resolution entitled, “Resolution Appropriating $3,150,000 For Various Public Improvements And Authorizing The Issuance Of $3,150,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted at a Special Town Meeting on June 18, 2008.
The remaining $290,000 appropriation and authorized and unissued balance of the $850,000 appropriation and bond authorization for repairs and improvements to the Newtown Middle School to repair steam leaks by a resolution entitled, “Resolution Appropriating $3,150,000 For Various Public Improvements And Authorizing The Issuance Of $3,150,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted at a Special Town Meeting on June 18, 2008.
Mr. Spragg also moved to authorize and direct the Board of Selectmen to call a Special Town Meeting to consider and act upon the resolution entitled “Resolution With Respect To the Close-Out Of Various Capital Projects And Reducing The Appropriations And Authorized And Unissued Amounts For Such Projects.
Ms. Andras seconded and the motion was unanimously approved in a roll call vote.
Discussion and possible action on: The Transfer of Uncollectable Motor Vehicle Tax Accounts, Personal Property and Real Estate Accounts to the Suspense Tax List –
Mr. Spragg moved the transfer of uncollectable motor vehicle tax accounts, personal property and real estate accounts to the Suspense Tax list totaling $212,510.29. Mr. Fitzgerald seconded and the motion was unanimously carried.
VOTER PARTICIPATION:
Carla Kron, 4 Clapboard Ridge Road, suggested it would be nice if enough handouts were provided so that members of the public could follow along, too. She addressed to Pay-For-Play Concept and said she thinks the minutes from meeting from 2004 be pulled regarding a $300,000 increase to the Board of Education.
Addressing the First Selectman, Ms. Kron said that everyone knows the Town, as a whole, is one system, but said many are concerned there is not enough in the education budget. She added that many believe the revenues show up on the Town side and expenses show up on the school side.
EXECUTIVE SESSION:
Mrs. Jacob moved to go into Executive Session to discuss negotiations regarding a tax conflict issue at 8:50 pm. and invited Mrs. Llodra and Mr. Tait to attend. Mr. Belden seconded and the motion was unanimously approved.
At this time, the clerk left the meeting.
ADJOURNMENT:
Promptly after coming out of executive session, Mr. Davis moved to adjourn the meeting at 9 pm. Mr. Woycik seconded and the motion was unanimously approved.
*** Corrections to Minutes ***
Minutes of March 25, 2010 –
Mary Ann Jacob was present at the meeting, so her name needs to be added to the minutes.
Minutes of April 14, 2010 –
Chairman Capeci offered the following corrections:
Page 1, under UNFINISHED BUSINESS: Discussion and Possible Action: Budget Advisory Questions, the word “can” was omitted from the motion. The motion should read, “Having received the opinion dated April 12, 2010 from the Town Attorney that absent a specific charter provision or statutory authority, ’Advisory Questions’ are not permitted under the Budget Referendum ballot; Mr. Spragg moved that the Legislative Council cannot permit ‘Advisory Questions’ on the Budget Referendum ballot. Mr. Aurelia seconded the motion.
Page 2, 4th Paragraph, 4th sentence does not make sense. The sentence should read, “The Town Attorney noted that he isn’t saying it can’t be done, he just does not believe it can be done legally.”
Page 3, 2nd Paragraph, the motion should read, “Having received the opinion dated April 12, 2010 from the Town Attorney that absent a specific charter provision or statutory authority, ’Advisory Questions’ are not permitted under the Budget Referendum ballot and given that the 45-day deadline has passed, the Legislative Council cannot permit ‘Advisory Questions’ on the Budget Referendum ballot. Mr. Aurelia seconded the motion.”
Mr. Davis noted the following corrections:
Page 4, 1st Paragraph, the motion should read, “Mr. Davis made the motion that the Legislative Council is open to the concept of Advisory Questions on the Budget Referendum ballot if legal issues present can be addressed. Mr. Belden seconded the motion.”
Minutes of April 21, 2010 –
Chairman Capeci suggested the following corrections:
Page 2, 5th Paragraph, should be re-stated. The paragraph should read, “Mr. Grogins stated that he stood by his opinion regarding the appropriateness of advisory referendum. He added that the discussion at the last meeting got sidetracked on the idea of whether the Town could use a local question. He noted that after reviewing the time limitations regarding a local question following the meeting last week, he called Theodore Bromley, Staff Attorney for Secretary of States’ office. The Town Attorney said that Mr. Bromley confirmed that the provision with regards to the 45-day rule applies to referendum when they are attached to an election ballot. He noted that the definition of election ballot, contained under 9-1 of the General Statutes, does not include a budget referendum. The Town Attorney apologized for giving an opinion off the top of his head and re-emphasized that the 45-day rule would not apply to local questions on the budget referendum. In regards to a question posed by
Chairman Capeci, Mr. Grogins added that Section 7-344 does not apply to a Town with a Charter with regards to questions of the budget procedure.”
Page 2, last sentence, should read, “Having no further voters who wished to speak, the Chairman called for a vote.”
Minutes of April 29, 2010 –
Page 3, under Discussion with Board of Selectman, Board of Education and Board of Finance Concerning 2010 Town of Newtown Budget, the following corrections were noted:
1st Paragraph, 1st Bullet Point, remove typo “A.I.” should read, “$125,000 from the insurance in savings from what was budgeted.”
2nd Paragraph, 2nd Sentence, the word “or” should be “for”, the sentence should read, “He noted that the discussion was to use $200,000 of the proceeds for Debit Service.”
Page 5, under UNFINISHED BUSINESS: Discussion and possible Action: 2010 Town of Newtown, the following corrections:
Add the word “Budget” after “Town of Newtown” in the header.
Paragraph 3, 2nd Sentence replace the word “everyone” with “every reduction”. The sentence should read, “Mrs. Llodra noted that every reduction has an impact and ‘we will find a way to meet the challenge.’”
Page 7, 2nd Paragraph, expand paragraph to include of what Mrs. Jacobs stated. The expanded paragraph should read, “Mrs. Jacob thanked everyone for writing and said that many wanted an advisory question. She said she tried to respond to everyone. Mrs. Jacob said a lot of emails and speakers that evening talked about knowing what the public thinks versus not knowing it. She added that many people want advisory questions so the Legislative Council knows what the public thinks and they say that the Council wouldn’t know what the public wants without it. Yet, she noted. Those same people got up that evening and said they know what the public meant when they voted the budget down. She said she finds this is a little contradictory. Mrs. Jacob explained that this vote was a very low “No” vote. She said she didn’t think the Council needs to take out the amount of money Mr. Davis suggests but does think they should take out what Mrs. Llodra proposed.”
Page 7, 6th Paragraph, 2nd sentence remove the words “be doing to” and from the 3rd sentence remove the words “nominal increase” and replace with word “decrease”.
Page 8, 2nd to last Paragraph, it was suggested to re-phrase Mrs. Jacob’s statement. The re-phrased statement should read, “First, Mrs. Jacob stated that looking at the Highway Department’s request and noted they inputted $2 million into the Capital Road Improvement and $896,000 into capital bridge work. She said it was her understanding that the $896,000 request was reduced to about $450,000 and put into Capital Road Improvement Plan; and, then, the Capital Road Improvement Plan was reduced from $2 million to $1 million. She said she didn’t agree with Mr. Davis’ assessment that that money was taken out. Regarding the main motion, Mrs. Jacob said she is happy to see a $435,000 restoration to education budget and to see the original proposed cut down from $2.5
million. She also said believes that the reduction of the taxes from 2.9% to 2.45% is win-win for everybody.”
Ted Swigart, Clerk
* Minutes are not finalized until approved at the next regularly scheduled meeting.
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