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, July 7, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:30 pm.
PRESENT: George Ferguson III, Kevin Fitzgerald, Chris LaRocque, Richard Woycik, Benjamin Spragg, James Belden, Gary Davis, Daniel Amaral, Jan Andras, Mary Ann Jacob, and Chairman Jeffrey Capeci
ABSENT: John Aurelia, Sr.
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Technology and GIS Director Scott Sharlow and 3 members of the press.
VOTER PARTICIPATION: none
APPROVAL of the MINUTES of the regular meeting June 2, 2010, the hearing June 2, 2010, and the regular meeting June 9, 2010:
Mrs. Jacob moved to approve the minutes of the regular meeting June 2, 2010. Mr. Amaral seconded.
After a brief conversation as to whether the dollar amount stated in the First Selectman’s report, page 2, Water, second sentence, Mr. Davis suggested that the entire second sentence be struck. Chairman Capeci noted that he had a few minor corrections which he would provide.
Mr. Davis moved to strike the second sentence. Mr. Ferguson second the motion to amend and the vote was unanimous.
Chairman Capeci called the original motion to approve the minutes of the June 2, 2010 meeting as amended and the motion was unanimously carried.
Mrs. Jacob made the motion to approve the minutes of the hearing held June 2, 2010 as amended. Mr. Woycik seconded and the motion was unanimously approved. Chairman Capeci amended the minutes asking that the title Chairman be added in front of George Ferguson’s name as he officiated the hearing and is Chairman of the Ordinance Committee.
Chairman Capeci tabled the May 19, 2010 minutes.
Mrs. Jacob moved to accept the minutes of the Special Meeting June 9, 2010. Mr. Ferguson seconded and the motion was unanimously carried.
COMMUNICATIONS:
Chairman Capeci reminded the Council that they were was asked by Tax Collector Carol Mahoney to authorize a resolution regarding tax liens. He added that he had asked that she not sell any without coming before the Council first. According to the chairman, he was informed that she had had sold 2 liens to Tower Capital and received face value for them – one was $442,362 and the other was $183,647. He noted that the monies from these sold liens goes into the General Fund.
Mr. Spragg emphasized that the money received from these liens was 2009-2010 revenue and noted that its’ estimated that 99% of the money from these liens is usually collected.
Chairman Capeci informed the Council that he had received a correspondence from Board of Finance Chairman John Kortze regarding the Board’s motion to recommend to the Council a resolution pertaining to the Board of Education End of Year Surplus. (See May 28, 2010 and June 30, 2010 letters from BoF Chairman Kortze attached to these minutes)
Mr. Tait and Mrs. Llodra emphasized that the resolution was only a recommendation of the Board of Finance.
COMMITTEE REPORTS:
Ordinance Committee – Chairman Ferguson reported that the Ordinance Committee had not met since the last meeting and had cancelled their last meeting due to scheduling conflicts. He noted that they would meet within the next two weeks. OC Chairman Ferguson added that he is recommending that the review of the purchasing authority that the Ordinance Committee was going to take up be done by the full Council.
Education Committee – Chairman LaRocque informed the Council that the Education Committee met on June 16, 2010 and elected Mr. Fitzgerald as recording secretary (the position formerly held by EC Chairman LaRocque). He said that had a good conversation and the committee believes that would help bring them into next year with the Board of Education. EC Chairman LaRocque noted that the committee discussed how to best help the Board of Ed with executing the budget.
Finance Committee – Chairman Spragg reported that the Finance Committee met on June 22, 2010 and took up several topics.
- Fairfield Hills Negative Leases – He informed the Council that the committee reviewed a Danbury Ordinance for the Tarrywile property and reviewed a possible amendment to the FHH ordinance. FC Chairman Spragg added that a final report and recommendation will be coming soon to the Legislative Council.
- CIP Recommendations – The FC Chairman told the Council that the committee reviewed the comments from the Board of Finance and the school system. He added that they will be reviewing the Board of Selectmen’s recommendations at their next meeting.
- Biennial Review of the Capital Improvement Plan (CIP) – FC Chairman Spragg reported that the biennial preparation of the CIP was discussed and further information is currently being researched.
- Social Services Conditional Appropriation – The FC Chairman explained that the First Selectman and the Finance Director advised the committee that the Social Services Conditional Appropriation has been implemented for the Fiscal Year 2010-2011.
- Items for Council’s Next Agenda - FC Chairman Spragg said the Finance Committee had two requests for items to be placed on the next regular agenda of the Legislative Council.
- The Fairfield Hills Authority semiannual report as to its progress in carrying out the provisions of the Master Plan (per the Fairfield Hills Ordinance).
- The reconciliation of the Board of Education’s 2010-2011 Budget. According to the FC Chairman, when the Legislative Council recommended $200,000 be added back to the request, the Superintendent of Schools stated there was still a $550,000 gap between the savings and the original $2,500,000 reduction to their request.
Administration Committee – Chairman Davis reported that the committee met on June 23, 2010 and that evening prior to the Council’s meeting looking at 5 areas.
- ID Budget areas to delve into in next couple of months.
- Communications Task Force to look at Town website to update it. He noted the web site was a great step forward and commended Mrs. Llodra.
- Solicit the Long Range Planning information from the various departments.
- Review of Council Regulations.
- Enhanced Grant Writing – take better advantage of grants for the Community.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra told the Council she had several items to share with them.
- Volume of Park and Recreation Activity – The First Selectman addressed a concern raised by Mr. Amaral at the last meeting regarding a surge in the recent park and recreation vehicles activity and the effected the Overtime account. She explained that the surge was due to several things that occurred at once: a soccer tournament, the pools were opened that weekend and there was a problem with the irrigation at Liberty Field. According to Mrs. Llodra, these events are what caused the increase in traffic on Philo Curtis Road by Park and Recreation vehicles.
- Update of Town Web Site – Mrs. Llodra addressed the effort of the committee that was updating the Town web site. She added that the Town was one of the first to go online with Virtual Town Hall and she noted that they would continue to use that template.
- Fund Balance – the First Selectman reminded the Council of the $2 million they used from the Fund Balance for the 2009-2010 Budget. Mrs. Llodra noted that it is always hoped that all resources will be used to keep the level of the Fund Balance, but she noted that it appears the Town has exhausted the money in the Fund Balance. In addition, Mrs. Llodra remarked that there isn’t any surplus on the Town side to restore the balance.
- Guiding the Insurance Consultant – Mrs. Llodra told the Council that the Ordinance Committee will guide the Insurance Consultant. She added that the committee needs to define the roll of the consultant and the code written.
- United Water – According to Mrs. Llodra, they had a very important meeting to insure that United Water was being as forthcoming as they needed to be regarding their intent, their actions and the Town’s water supply. She noted that the question remains “what is the benefit to the community?” Mrs. Llodra said she believed the next meeting is on July 12, 2010 and said there is a big hearing scheduled for July 29, 2010. The First Selectman added that there are two main points of the hearing: 1) describe and debate what the project is; and 2) discuss the rates.
- School Projects – Mrs. Llodra indicated that according to Bureau Chief of School Facilities, David Wedge, all school projects have to go through a certain level of activity – they must go out with an estimated dollar amount to bid. She added that the school was apprehensive to assign a dollar amount before obtaining any bids. The First Selectman noted that former First Selectman, Herb Rosenthal, asked to use a different process: 1) a project can be assigned a temporary dollar amount by the school facilities; and 2) once project is done school facilities obtains the final number and gets back to the state school facilities. The problem with this concept Mrs. Llodra explained are in two pieces: 1) it delays the reimbursement process by getting into the bonding schedule; and 2) there is a risk that
the Town might end up paying entirely for advance work for a project even if the project doesn’t go forward. Mr. Spragg noted that he believes the delay is strictly on the architect’s fee – not the project, and he noted that as far as the reimbursement is concerned - if the dollar amount is given to the architect than the project has passed. Mrs. Llodra indicated that it is important that both sides of the story be known.
- Town of Newtown CIP Forms– Mrs. Llodra handed out a copy of the Town of Newtown Department CIP Detail Worksheet, project description forms, and Project Status Summary Report to the entire Council. According to the First Selectman, the CIP worksheet guides department heads in process defining what the project is and would be the usual cover sheet no matter what the project is. She noted that the Project Status Summary Report would provide a record of all proposals in the pipeline. The First Selectman added that there will be a Capital Project Status Report for each project, as well. .
UNFINISHED BUSINESS: none
NEW BUSINESS:
Discussion and possible action on presentation(s) by the First Selectman and Superintendent of Schools on the status of efforts to combine school and town functions –According to Mr. Sharlow, since September 2009 there has been a subcommittee of the Technology Committee from the various Town departments involved in reviewing permit and work order software solutions for the Town. He noted that this group looked for a software company that would help improve the Town’s efficiency with work orders (DPW, Parks & Recreation), permit flow and data storage (Land Use, Building, Health and Fire Departments) while incorporating these applications in GIS map applications. Mr. Sharlow stated that the committee determined that online based systems would be best.
Mr. Sharlow noted that over 10 systems were demonstrated by vendors and in June 2009 the committee recommended the Town enter a software relationship with ProGeos, LLC. He added that in August 2009 the committee already realized the product was not meeting expectations, but ProGeos continued reassure the Town with implementation of online GIS and Request Modules. According to Mr. Sharlow, the Town ultimately severed their relationship with ProGeos in May 2010 after continued failure on the part of Software Company to meet expectations.
Mr. Sharlow noted that the main goal of the project is to streamline the permit and work order process and provide better accounting for time and materials. He added that the Town remains committed to meeting the original goals and is redoubling its efforts with the guidance of the Legislative Council. According to Mr. Sharlow, the committee has already started the process and Munis has already provided a demonstration of their software solution. He added that the Interim Report of the Council Ad Hoc Facilities from November 2009 was not available during the selection process, but not that the document outlines additional requires and can now be incorporated in the final system.
Mr. Sharlow noted that at the moment they don’t have the authority to tell the Board of Education anything. He expressed his concerns questioned how to assign employees overtime if they don’t have a shared payroll system. He suggests that the Council set out to include the Board of Education in this process and says its’ important for the Council to take up that recommendation. In addition, Mr. Sharlow said there is no central purchasing agent – no centralized P.O.s, making it hard to define whose items are whose.
Mr. Woycik noted that a consolidated system of financial management would be the most efficient. Mr. Sharlow agreed and said that that type of system would allow workers to think on their own. He used the example that workers filling pot holes on street discover that the street nearby needs pot holes filled and sets to the task saving set up and travel time while the trucks are out.
Mr. Sharlow concluded that he looks forward to working with the Town Administration and the Board of Education to accomplish the recommendations of the Council.
The Council and First Selectman were discouraged that neither the Superintendent nor anyone else representing the schools showed up at the meeting, but they remain hopeful that efforts to consolidation resources will ultimately be supported by the school system.
Mr. Sharlow noted that the following would be necessary to consolidate: 1) the financial packages would have to be changes; 2) purchasing would have to be changed; and 3) training on employees side to streamline work flow.
Mr. Davis noted that they are lacking the formation of an official consolidation task force which would be an appointed group that represents the entire town.
Mrs. Llodra stated that to develop one financial system she would like the chance to work with Dr. Robinson and Ron Bienkowski before establishing a consolidation task force. She added that if they’re going to make collaborative effort it must start with a personal conversation.
Discussion and possible action on A Resolution on Efforts to Consolidate Town and Education Administrative and Financial Functions – Mrs. Jacobs moved to adopt the following resolution, “Resolved, the Newtown Legislative council, consistent with its stated goals and previous actions, joins the Board of Finance in urging the First Selectman and the Superintendent of Schools to work collaboratively to investigate consolidation efforts of town and education accounting functions. Mr. Woycik seconded.
Mrs. Jacobs reminded the Council that this resolution is about consolidating people.
Mr. Davis offered his friendly amendment to the motion adding “administrative and operation functions” along with accounting functions at the end of the resolution.
Mr. Ferguson expressed his concern that the resolution was too broad with the additional wording.
Mrs. Llodra emphasized that this was a huge long-term goal.
Mr. Fitzgerald noted that the Board of education had not yet come to the table in the effort of consolidation. He suggested that the Council does what it can to encourage them to do so.
Mr. Spragg questioned what the difference is between this resolution and the resolution Mr. Woycik and the Public Works Committee recommended. Chairman Capeci said that this resolution is broader.
Mr. Davis suggested holding off on adopting the resolution until the next meeting so the Chairman has time to talk to the Chairman of the Board of Education about the resolution.
Mr. Capeci called the vote to include Mr. Davis’ friendly amendment.
Subsequently, the resolution was passed 9-2 as amended. Mr. Ferguson and Mr. Spragg voted against the motion.
Discussion and possible action on Charge to the Administration Committee regarding consolidation of Town and School functions – Mrs. Jacob moved to Charge the Administration Committee to work with the First Selectman to facilitate consolidation efforts of town and education functions. Mr. Woycik seconded.
Mrs. Jacob told fellow members of the Council that this motion was consistent with the administration’s Charge to date to facilitate consolidation efforts.
Chairman Capeci added that the Council would be offering their services in a subordinate roll.
Mr. Spragg questioned the referral process.
Mrs. Llodra emphasized that this is huge and she won’t report to committee of the Council but to the Council itself.
At the suggestion of Chairman Capeci, Mrs. Jacob withdrew her motion and Mr. Woycik withdrew his second.
Discussion and possible action on Charge to the Education Committee regarding consolidation of Town and school functions – Chairman Capeci tabled the discussion and action on this charge.
Discussion on Appointment of a Charter Revision Commission – Mrs. Jacob moved the following “Be it resolved that pursuant to Section 7-188 of the Connecticut General Statutes, the Newtown Legislative Council shall establish and charge a Charter Revision Commission to explore amendments to the Charter of the Town of Newtown.” Mr. Woycik seconded.
Chairman Capeci said he wanted the motion for discussion purposes only. He informed the Council that he wants to appoint two new committees: the Charter Appointments Committee (Mr. Belden, Mrs. Jacob, Mr. LaRocque and Mr. Woycik) and the Charter Change Committee (Mr. Fitzgerald, Mr. Spragg, Ms. Andras, and Mr. Amaral. He said the committees would be short term committees and noted that the committees would meet before the end of the
Evenings’ meeting and discuss who would be their Chairman.
As a point of order, Mrs. Jacob’s withdrew her motion and Mr. Woycik withdrew his second.
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Discussion and possible action on Transfers: Transfer from account 01500-1003 Payroll to account 01500-1004 Overtime the amount of $4,000 - a Year End Transfer to cover wind/storm related overtime and transfer from account 01270-2001 Medical Benefits to account 01260-2011 Services & Supplies the amount of $3,000 for funds needed for pension analysis –
Mr. Spragg noted that there were actually six transfers for fiscal year 2009-2010, after reviewing the information that had been received. Mr. Spragg moved the following six transfers:
Transfer from account 01500-1003 Payroll the amount of $4,000 to account 01500-1004 Overtime (a year End Transfer to cover wind/storm related overtime)
Transfer from account 01270-2001 Medical Benefits the amount of $3,000 to account 01260-2011 Services & Supplies (for funds needed for pension analysis).
Transfer from account 01570-2000 Contingency Fund the amount of $25,000 to account 01500-3050 Repairs (repairs account needs additional monies due to aging equipment.
Transfer from account 01515-4025 Contractual Services the amount of $3,500 to account 01515-1003 Overtime (support of Household Hazardous Waste Day and additional requirements for e-recycling.
Transfer from account 01570-2000 Contingency Fund the amount of $80,000 to account 01500-4064 Cont. Overlays the amount of $73,000 (Reimbursement of funds promised by Board of Selectmen to pave Meadow Brook Road and apportion of Hattertown Road) and to account 01500-5081 Capital Road Improvement (approved changes by Town Engineer created additional cost on capital Bridge Project).
Transfer from account 01310-1005 Police Overtime the amount of $8,500 to account 01340-1001 Salaries (to cover shortfall in Canine facility salaries).
Mrs. Jacob second the motion.
After a brief discussion regarding the transfers not listed on the evening’s agenda, Mr. Spragg asked to amend his motion to include only the two transfers listed on the agenda.
The amended motion was as follows: Mr. Spragg moved to transfer from account 01500-1003 Payroll the amount of $4,000 to account 01500-1004 Overtime (a year End Transfer to cover wind/storm related overtime); and to transfer from account 01270-2001 Medical Benefits the amount of $3,000 to account 01260-2011 Services & Supplies (for funds needed for pension analysis). Mrs. Jacob seconded and the amended motion was unanimously approved.
POSSIBLE EXECUTIVE SESSION: Discussion of possible legal action against a residential property owner for zoning regulation violations – Mrs. Jacobs made the motion to go intro executive session at 10:21 pm to discuss possible legal action against a residential property owner for zoning regulation violations and invited the First Selectman to attend. Mr. Ferguson seconded and the motion was unanimously carried.
At this time the clerk left the meeting.
At 10:32 pm, Executive Session closed; the clerk returned; and Chairman Capeci reopened the regular meeting.
ACTION ON BUSINESS DISCUSSED IN EXECUTIVE SESSION: Legal action against residential property owner for zoning regulation violations – Mrs. Jacob moved to authorize the Town of Newtown to commence legal action against the owners of 3 Cherry Street, Sandy Hook, for Zoning Violations detailed in memorandum to First Selectman Llodra from Zoning Enforcement Officer Gary Franette dated June 16, 2010. Mr. Belden seconded and motion was unanimously approved.
VOTER PARTICIPATION: none
ANNOUNCEMENTS:
ADJOURNMENT:
Mr. Woycik moved to adjourn the meeting at 10:32 pm. Mr. Belden seconded and the motion was unanimously approved.
Ted Swigart, Clerk
* Minutes are not finalized until approved at the next regularly scheduled meeting.
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