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09-15-10
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, September 15, 2010

Chairman Jeffrey Capeci called the meeting to order at 7:30 pm.

PRESENT:  George Ferguson III, Ben Spragg, James Belden, Dan Amaral, Jan Andras, Gary Davis, Rich Woycik, Kevin Fitzgerald, Bob Merola, Mary Ann Jacob, and Chairman Jeff Capeci

ABSENT: none

ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, and Monica Duhancik from the Town Clerk’s Office


NEW BUSINESS:

Discussion and possible action on: Fill District 2 council seat vacated by Chris LaRocque –
Mr. Spragg moved to nominate Kathryn Fetchick to fill the seat on the Council following the resignation of Chris LaRocque. Mr. Merola seconded.

        According to Mr. Spragg, Mrs. Fetchick has attended many meetings of the Legislative Council and served the past three years on the Board of Education. He said it was his pleasure to nominate her.
Republicans unanimously approved the motion.

        Following the vote and being sworn in by Ms. Duhancik, Chairman Capeci asked Mrs. Fetchick to take her seat with the rest of the Council.

        The Chairman informed fellow members of the Council that several candidates came forward for the position. He explained that he chose Mrs. Fetchick because of her experience, knowledge of the school system, and great diligence in research and data gathering. He noted that she is coming onto the Council as concerned resident with the support of many voters.


VOTER PARTICIPATION: none



APPROVAL of the MINUTES of the regular meeting September 1, 2010:

Mrs. Jacob moved to approve the minutes of the regular meeting September 1, 2010 as corrected. Mr. Woycik seconded and the motion was carried. Mrs. Fetchick abstained as she was not present at the meeting.

Corrections:
Page 4, 5th Paragraph, third sentence, Mrs. Jacob believed that what was meant by Mrs. Llodra was that the Council was not being asked to take action but there will be impact statements when the Council takes action.
Page 8, under Public Participation, Mrs. Jacob suggested that Barbara O’Connor was astounded by the $400,000 cost of the greenhouse and not by her question about the greenhouse for $400,000.
Page 1, under Communications, 2nd Paragraph, 1st sentence, Mr. Davis suggested removing the word “and” and replacing it with the word “who”. The sentence should read “. . . William Hart, Jr., who is considering convening a group. . .”,  and not, “. . . William Hart Jr., and is considering convening a group . . .”
Page 1, under Communications, 2nd Paragraph, last sentence, Mr. Davis questioned the end of the sentence “. . . and suggests a meeting be held sooner.”
Page 2, under Committee Reports, Administration Committee, 4th paragraph, 1st sentence, Mr. Davis suggests the sentence read, “Mr. Davis told the Council that the Committee was considering Mrs. Llodra’s suggestion that the Town undertake a Town Facilities Study.”
Page 8, under Announcements, 2nd sentence, Mr. Davis believes the sentence should be replaced with, “He suggested the committee meet after the meeting to reorganize.’
Chairman Capeci suggested pg 6, very bottom, last sentence, should read “The motion carried unanimously as amended.”  


COMMUNICATIONS:

        Chairman Capeci announced that he invited the Board of Finance to a join the Legislative Council on Oct. 6 for a presentation by Dr. Chung on his Enrollment Study. He asked that Council members to have their questions ready by Oct 1, 2010.

        The Chairman reported that Dr. Reed would be making his report regarding the execution of the FHH Master Plan at the Council’s meeting on Nov. 3, 2010.

        Chairman Capeci told the Council that Board of Education Chairman Bill Hart wants three people to work with him on a committee whose task will be to work on Dr. Chung’s report. He explained that Mr. Hart plans on seating the Committee on Oct. 13, 2010. The Chairman added there might be an interim report as well as a final report sometime in the spring.

        Mr. Woycik asked if the full Board of Education would attend and Chairman Capeci responded that the Board was not invited officially as a whole, but was welcome to attend. Mrs. Fetchick added that the full Board was aware of the meeting.
        
        M. Spragg asked what the committee was and Chairman Capeci responded that they would look at the report to see if a lot of change was required regarding the facilities. The Chairman added that they would examine such questions such as, “If the school buildings became vacant could they be used by the Town.”
        
        Mrs. Llodra noted that the school Enrollment Study has generated interest by Mr. Hart to look at school use. She believes the use and reuse lies underneath the “umbrella” of the larger look at municipal facilities.


COMMITTEE REPORTS:

Finance Committee – Chairman Spragg reported that the Finance Committee has a meeting scheduled Thursday, Sept. 23, 2010 at 7pm in the Mary Hawley Room on Main Street.

Ordinance Committee – Chair Ferguson reported that the ordinance committee would be meeting the following day, September 16, 2010, at 7:30 in the Municipal Center.

Chairman Capeci reported that since Mrs. Fetchick was filling the seat of Mr. LaRocque she would also be taking up his assignments on the various committees he served on.


FIRST SELECTMAN’S REPORT:

        Mrs. Llodra reported that she had a couple number of items for the Council.
United Water – The First Selectman reported that there was nothing substantive, relative to United Water. She added that there is a hearing scheduled Oct. 6, 2010. Mrs. Llodra said she hopes hearing will be postponed to allow Brookfield and Newtown time to find a resolution clarifying a plan for Brookfield.
        Mrs. Llodra indicated that she hopes to be having a meeting with Mr. Davis, the First Selectman of Brookfield sometime soon. She noted that she will know after the meeting with Mr. Davis if the hearing with DPUC will be delayed.
Small Cities Grant – Mrs. Llodra reported that Newtown had secured a Small Cities Grant for $546,000 to renovate and improve the handicapped access at Nunnawauk Meadows.
Communications Committee – Mrs. Llodra reported that the committee has been working on making sure the various Boards and Committees are given the full opportunity to telecast meetings. She added that the committee is in the process of engaging two adults to serve as providers on an hourly basis running the Communications Center.
        The First Selectman told the Council she had a conversation with Dr. Robinson and Lillian Bittman to clarify the policy of Board of Education. She added that Board really needs to act on to document clarifying the role of the Town and the school regarding use of Channel 17. Mrs. Llodra believes it will be resolved without difficulty.

        Mrs. Jacob asked if Newtown and Brookfield were starting to work in a more partner-like manner. Mrs. Llodra indicated that Newtown is in support of Brookfield finding a solution locally, but noted that Newtown has an obligation morally as they were involved jointly with Brookfield regarding the Green Ridge Subdivision. She noted that five of the homes in the subdivision are located in Newtown and the rest are in Brookfield.


NEW BUSINESS (continued):

Discussion and possible action on: Report by Herb Rosenthal: Newtown Animal Control Facility at Fairfield Hills –
        According to former First Selectman Herb Rosenthal, he volunteered to help Canine Advocates move the plans along together with the help of Public Work Director Fred Hurley. He explained that Mr. Hurley worked on getting the RFPs for the project.
        


        Mr. Rosenthal indicated that although their original architect, Jarrod Crooks had gone on to work for another company. According to Mr. Rosenthal, Mr. Crooks indicated he would still do work for them pro bono, but he could not help them as much.

        To better convey the plans, Mr. Hurley passed out floor plans of the proposed Newtown Animal Control facility and Mr. Rosenthal referenced a site map. Mr. Rosenthal indicated that the size of the proposed facility will be 4,350 square feet with 20 runs. He noted that although they can house dogs they are not legally allowed to have cats.

        Mr. Belden thanked Mr. Rosenthal and Mr. Hurley for coming and asked if the 20 runs met the projections for the need. Mr. Rosenthal indicated that there have been few occurrences that the current facility has been at full capacity. They have not been overwhelmed, but they need more space available for dogs.

        Mr. Hurley added that the operational part of the facility keeps the use of the facility down.

        According to Mr. Rosenthal, there are a few reasons the site for the new facility was selected:
  • Access to sewer and water
  • Isolation – new facility is not close to any homes
  • And, there is good access to the proposed facility and the Federal dog facility is nearby.
        Mr. Woycik questioned why an area was designed in the plans for the feline population if they are currently not authorized and Mr. Rosenthal responded that originally the Town didn’t know a separate ordinance was needed for cats. Mr. Capeci suggested that the Council develop a separate Cat Ordinance.

        Mr. Rosenthal explained that an interior training area was necessary so that trainers could work with dogs to make them more able to be adopted. In addition, people coming to select an animal for adoption could be out of the weather when doing so.

        Mr. Hurley noted that the current facility doesn’t have anything under a roof – only outside.   

        Mr. Ferguson asked if there was a needs assessment regarding the inadequacy of the current facility. Mr. Rosenthal responded that the facility was already approved at a Town meeting and added that the current facility is extremely inadequate. He added that the facility was built in the 1970’s.

        Mr. Ferguson queried what the cost might be to operate the facility. Mr. Rosenthal indicated that the roll of Canine Advocates is to supply volunteers, and the operation of the facility is under the guidance First Selectman and Animal Control with matters regarding the law being handled by the Police Department.

        Mrs. Fetchick asked if there was a timeline for the whole process. Mr. Hurley said they started the RFP this summer. He indicated that the RFP came back a number of weeks ago and the dollar figures came back much higher for their services than were factored in. Mr. Hurley believes they did not factor in the pro bono work being done by the original architect.

        According to Mr. Hurley, the following items are need:
  • Title to the Property for the permitting process,
  • Permitting Started
  • Plans Drawn Up

        Mr. Hurley told the Council he would like to get the plans nailed down this winter and see construction started next spring. He added that “the sooner the better” because the “current facility is terribly inefficient.”

          Mr. Rosenthal added that a construction manager is needed to develop a site plan, but to develop a site plan the Town needs to show ownership. He added that if Russell Bartley feels the site is safe the Town should accept that it is, noting that Mr. Bartley is very conservative.

        Mrs. Llodra indicated that the Town is still getting clarity on the site regarding a small mercury spill. She added that the Dog Park and orientation of the facility on that property are important, but the Town can’t site this until they have the land.

        Regarding assessing the risk, Mr. Belden indicated that all the structures are gone; all causes of contaminants have been removed or remediated on site; and ground water testing hasn’t revealed any contaminates any more than anywhere else in Town. He added that the 4th round of testing will show the Town and should be done by the end of next month.

Discussion and possible action on: 2009-2010 Year End Transfers –
Mr. Spragg moved to approve the 2009/2010 year end transfers of approximately $300,000 as described in the notice of the Finance Director dated August 28, 2010. Mr. Ferguson seconded and after a brief discussion the motion was unanimously approved. (List of Transfers attached to minutes.)

        According to Mr. Spragg the transfers are what you would you find at the yearend for the most part. He noted that the two areas that bring up the amount to a larger threshold:
  • Debt Service for $100,000 which was a clerical adjustment – no discussion needed
  • Legal Services for the selectmen and land use which were originally budgeted for $140,000 but close to $350,000 will have been spent.
        Mr. Spragg asked that brief comment be made to summarize for the year what type of legal expenses these transfers involve.

        According to Mrs. Llodra there were four significant legal involvements  
  • United Water – which was unanticipated
  • Ongoing litigation with Housatonic Railroad and Newtown Transload
  • Dauti Project for Condo’s on Church Hill Road
  • Significant litigation regarding a land use issue
        Mrs. Llodra noted that these are four items that continue to draw down legal account. She added that the Town is trying to avoid the courtroom.

        Mr. Spragg asked if the Council could have the yearend transfers sooner.

        Mrs. Llodra noted that most of the transfer amount reflects bills that came in the very end of June, July and August, noting that they are all draws from the previous fiscal year. She added that it’s “part of the closing of the books process.”

        Mr. Spragg noted that there are some that can come sooner such as the referendum. Mrs. Llodra and Mr. Tait agreed and said they will make an effort to reduce the amount.


        Mrs. Llodra said that part of the problem is the people servicing these invoices – they need to get them in sooner.

        Mrs. Jacob noted that in regards to the legal piece she felt the First Selectman did keep the Legislative Council informed and noted that Council members even passed a resolution regarding United Water and knew that they were dipping into legal fees that weren’t on the referendum.

        Mr. Davis suggests that the First selectman and Finance Director find a way to give indication of the magnitude of the costs. E noted that he doesn’t think it’s unreasonable to speak to law firms and ask them, “Where will we stand at the end of the fiscal year?”

        Mrs. Llodra noted that the challenge is putting a dollar figure on that and how long an attorney will be sitting in that room. She added that they will try to keep the Council as informed as possible regarding legal fees.

VOTER PARTICIPATION: none
           
ANNOUNCEMENTS:  none
     

EXECUTIVE SESSION:

Discussion and possible action on: Executive Session to discuss potential litigation relative to Newtown Youth Academy:
Mrs. Jacob moved to enter into executive session at 8:50 pm to discuss potential litigation relative to Newtown Youth Academy and invited the First Selectman to join the Council. Mr. Spragg seconded and the motion was carried unanimously.

At this time, the clerk left the meeting.




Ted Swigart, Clerk                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 * Minutes are not finalized until approved at the next regularly scheduled meeting.