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 21, 2010
In lieu the Chairman’s absence, Vice-Chairman Mary Ann Jacob called the meeting to order at 7:33 pm.
PRESENT: John Aurelia, Sr., George Ferguson III, Kevin Fitzgerald, Chris LaRocque, Benjamin Spragg, James Belden, Daniel Amaral, Jan Andras, and Mary Ann Jacob
ABSENT: Gary Davis, Richard Woycik and Chairman Jeffrey Capeci
ALSO PRESENT: First Selectman Patricia Llodra and Finance Director Bob Tait
VOTER PARTICIPATION: none
APPROVAL of the MINUTES of the regular meetings May 19, 2010 and July 7, 2010:
Mr. Ferguson moved to approve the minutes of the regular meeting May 19, 2010 as amended and corrected. Mr. Fitzgerald seconded and the motion was unanimously approved.
Correction:
Mr. Ferguson asked that when he is referred to as Chairman of the Ordinance Committee that it be done so in the gender neutral title, Chair of the Ordinance Committee.
Mr. Ferguson moved to accept the minutes of the regular meeting July 7, 2010 as corrected. Mr. LaRocque seconded and the motion was unanimously carried.
Corrections:
Under First Selectman’s report, Ms. Andras wished that it be indicated that the Town will still continue to use the same vendor for the website and that they were the first town to go online with the basic template and now they have enhanced that.
Mrs. Jacob wanted it noted on page 4 that only the First Selectman and her representative were in attendance at the meeting of the Legislative Council on July 7, 2010. She also indicated that her last name was erroneously spelled with an “s” three times in the minutes and asked that the misspellings be corrected.
Mrs. Jacob also asked that the Charter Charge Committee was “Charge Committee, and not “Change Committee” as indicated in the minutes on page 5.
Page 3, #5 United Water under the First Selectman’s Report, Mr. Belden asked that it read as follows adding the words in italics 1) describe and debate what the project is and any concerns the Town may have and 2) discuss the rates.
COMMUNICATIONS:
Mrs. Jacob said she a few communications for the Council.
First, the vice-chairman read a two-part letter from Board of Finance Chairman John Kortze to Chairman Capeci dated July 19, 2010. She asked that both parts – two separate motions - be attached to the minutes as a matter of public record. The motions were made at the Board of Finance meeting July 12, 2010.
Part I of the letter read as follows: “Mr. Gaston moved to adopt the Town of Newtown Investment Policy to include language stating that in the event of any conflict or inconsistency between provision of this policy and the laws of the State of Connecticut the provisions of the law of the State of Connecticut shall be paramount and prevail and to recommend the Legislative Council adopt it as a town. The motion unanimously passed.”
Part II of the letter, which Mrs. Jacob noted could only be discussed as it was not noticed on the evenings agenda, read as follows: “Mr. Gaston moved to adopt the Project Status Summary Report as a practice and recommend to the Legislative Council that the Town as a whole adopts this practice and allow the Town Finance Director to make clerical adjustments. The motion unanimously passed.”
Second, Mrs. Jacob noted that the Board of education has begun discussions regarding contract negotiations with the administrator’s Union. She added that Chairman Capeci had asked Mr. Woycik to represent the Council on the committee. She asked that since Mr. Woycik is not present to put it off until the next meeting confirming his appointment.
Third, The Vice-Chairman asked that the Newtown Board of Education Budget Reductions 2010-2011 be made a part of the minutes and attached to the minutes when posted. Mrs. Jacob noted it’s not noticed but can be discussed.
Fourth, the Vice-Chairman said that she had received a communication from the First Selectman to hold a non-meeting after the Council’s meeting that evening to discuss negotiation strategies.
COMMITTEE REPORTS:
Ordinance Committee – Chair Ferguson reported that the Ordinance Committee had met that evening and noted that there were reviewing four ordinances – Sexual Offenders Ordinance, Fire Lane Ordinance, Trust Ordinance and the Conservation Easement. According to Mr. Ferguson, the updates to the 4 ordinances were as follows:
- Sexual Offenders Ordinance – the Ordinance Committee needs to go over some questions with the Chief of Police
- Fire Lane Ordinance - Mr. Woycik made a number of additions to the ordinance and asked to seek legal review of one section in question
- Trust Ordinance – Council Chairman Capeci and he were taking a look at it.
- Conservation Easement – He noted that they will bring someone from the Commission or staff in to review ordinance and what the Ordinance Committee has learned.
Chair Ferguson reported that the Ordinance Committee will have another meeting on August 18, 2010.
Mr. Spragg informed the Council that it was his belief, as far as procedure, that when the Ordinance Committee is ready to go to a public hearing with an ordinance that they bring it before the entire Legislative Council for a vote and then to Public Hearing, rather than going directly to the Public Hearing. He believes it should not go directly from a committee of the Council to a public hearing. Mr. Spragg added that this would be informative for members of the Council not on the Ordinance Committee.
Mr. Ferguson noted that he was following the procedure of the Ordinance Chair before him, but noted that Mr. Spragg’s suggestion was logical.
Following a spirited discussion, Mrs. Jacob concluded that if a change in the process needs to be acted on it will go on the next agenda.
Education Committee – Chairman LaRocque reported that no formal action had been taken since their last report, but he noted he had received a response from Board of Education Chairman Elaine Bittman regarding the committee’s formal letter indicating they wanted to support the Board of Ed as much as possible. According to Mr. LaRocque and she said she would formally submit her recommendation about the process in the next couple of weeks.
Mr. Spragg said he was looking for reconciliation regarding the budget when the superintendent was at the Council’s special meeting. He added that he would have liked to have seen a more narrative report than what was given.
Finance Committee – Chairman Spragg indicated that there was no report.
Public Safety Committee – Chairman Aurelia reported that the sun room at the senior center was almost finished. He noted it had been in the works since 2005. Mr. Aurelia thanked Fred Hurley and Mrs. Aurelia for all their help and support.
Temporary Charter Appointments Committee – Chairman Belden reported that they placed notice in The Bee and Patch on Friday seeking letters and resumes of persons interested in serving on Charter Review Commission with a deadline of July 30, 2010. He said the committee wants to meet sometime before July 30, 2010 to decide who will interview the candidates.
Charter Charge Committee – Chairman Andras they met and discussed the last two Charter revisions and they should be finished in plenty of time.
Mrs. Jacob informed the Council that she was going to put off the First Selectman’s Report until Mrs. Llodra arrived at the meeting. She noted that Mrs. Llodra had hoped to be at the meeting by 8:15pm.
UNFINISHED BUSINESS: none
NEW BUSINESS:
Discussion and possible action on: A Resolution with Respect to the Authorization, Issuance and Sale of Not Exceeding $10,000,000 Town of Newtown General Obligation Bonds –
Mr. Spragg moved the Legislative Council adopt, as introduced, the Resolution with Respect to the Authorization, Issuance and Sale of Not Exceeding $10,000,000 Town of Newtown General Obligation Bonds. Mr. LaRocque seconded and following a brief line of questions the motion was approved unanimously in a roll call vote.
Mr. Spragg asked several questions. First he asked Mr. Tait what his thoughts were behind the resolution and why $10 million? Mr. Tait responded that it was because of the times and the fact the economy was starting to sputter another opportunity has come up for refunding bonds. Mr. Tait added that upon speaking with the Town’s financial advisor he discovered there was approximately $8 million in bonds that were eligible to be refunded.
Mr. Spragg asked what the savings would be for refunding now. Mr. Tait indicated that the savings to the Town would be approximately $309,000.
Finally, Mr. Spragg asked if those saving were for one year. Mr. Tait replied yes.
Mr. Ferguson asked what the fees were to do this. Mr. Tait responded that the cost of issuance was $75,000 and the underwriters discount was $59,000 for a fees total of $134,000. Once again, he noted that the net savings was $309,000..
Vice-Chairman Jacob thanked Mr. Tait and said they all appreciated his continued diligence to save the Town money.
Discussion and possible action on: Approval of Draft Investment Policy –
Mr. Spragg moved to refer the Investment Policy to Finance Committee. Mr. Belden second and the motion was unanimously carried.
Mr. Tait said he would send amended copy of the Investment Policy draft to the full council.
Discussion and possible action on Transfers: From account 01515-4025 Contractual Services to account 01500-1003 the amount of $3,500 for Hazardous waste Day and e-Recycling; from account 01500-2000 Contingency to accounts 01500-4064 the amount of $73,000 for Meadowbrook & Hattertown Roads and 01500-5081 Capital Road Improvement the amount of $7,000 for additional costs on Capital Bridge Project; from account 01310-1005 Police Overtime to account 01340-1001 Salaries the amount $8,500 for Canine (facility) Salary Shortfall; and from account 01570-200 Contingency to account 01500-3050 Repairs the amount of $25,000 to replace aging equipment –
Mr. Spragg moved to transfer $3,500 from account 01515-4025 Contractual Services to account 01500-1003 Overtime for Hazardous Waste Day and e-Recycling. Ms. Andras seconded and the motion was unanimously approved.
Mr. Tait said the e-Recycling is a new program and is a one-time cost.
Mr. Spragg made the motion to transfer from account 01500-2000 Contingency to account 01500-4064 Highway Overlays the amount of $73,000 for Meadowbrook & Hattertown Roads and account 01500-5081 Capital Road Improvement the amount of $7,000 for additional costs on Capital Bridge Project for a total of $80,000. Ms. Andras seconded and the motion was unanimously carried.
Mr. Spragg moved to transfer from account 01310-1005 Police Overtime to account 01340-1001 Salaries the amount $8,500 for Canine Salary Shortfall. Mr. Belden seconded and the motion was unanimously approved.
Mr. Spragg made the motion to transfer from account 01570-200 Contingency to account 01500-3050 Repairs the amount of $25,000 to replace aging equipment. Mr. LaRocque seconded and the motion was unanimously carried.
Mr. Tait indicated the account is used to repair all fleet vehicles in Town including police vehicles. He added that there have been a lot of repairs to police vehicles this year.
Mrs. Llodra noted that the amount needed annually was very hard to predict.
Mr. Ferguson said it was logical to hold onto equipment longer.
FIRST SELECTMAN’S REPORT:
Mrs. Llodra indicated first that a non-meeting discussion would be held after the meeting,
Vice-Chairman Jacob asked the First Selectman if she could speak to a question Mr. Belden raised concerning United Water.
Mrs. Llodra updated the Council on the progress with United Water. She informed them that there was going to a DPUC Hearing held in the Board Room of the Municipal Center on July 29, 2010. Mrs. Llodra noted that the first part of the hearing from 10 am -4 pm would involve a full discussion of the project; there would be a break from 4-6 pm for dinner; and the second part of the hearing from 6-8pm would be open for public comment.
Mrs. Llodra told the Council that the meeting was being held in Newtown because of the level of concern locally about the project. She explained that the granting of the permit was under the control of DPUC and because of Newtown’s request to stop the project DPUC has slowed the process down.
The First Selectman explained that after the hearing, DPUC will take the findings back to Hartford and discuss them with DEP and DPH. The Commissioner will then make a decision.
Mrs. Llodra explained that the “Grand Plan” of DPUC, DEP and DHP is to have interconnected water systems throughout the state. She warned that the Town needs to be aware that this is the large plan and Town officials need to stay on top of it.
The First Selectman noted that the Town may sit on the aquifer but it doesn’t own it.
Mr. Ferguson expressed his concern that the whole process was out of the Town’s control.
Mr. Belden suggested that it wasn’t entirely out of their control, noting the Town of Washington’s victory against the City of Waterbury to have more water released from the reservoir into the Shepaug River. He noted that at the end of the day there is a lot to be said and the question remains how much water will be shipped out. Mr. Belden said water from the aquifer will likely be going to Green Ridge in Brookfield, but he questions where it will go from there.
VOTER PARTICIPATION: none
ANNOUNCEMENTS: none
ADJOURNMENT:
Mr. LaRocque moved to adjourn the meeting at 8:40 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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