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11-17-10
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Last Updated: 2011/2/25
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, November 17, 2010

Chairman Jeff Capeci called the meeting to order at 7:34 pm.

PRESENT:  Robert Merola, Jan Andras, Jeff Capeci, Mary Ann Jacob, Dan Amaral, Kathy Fetchick, George Ferguson, Richard Woycik, James Belden, and Kevin Fitzgerald

ABSENT: Ben Spragg and Gary Davis

ALSO PRESENT:  Finance Director Bob Tait, First Selectman Patricia Llodra, Board of Finance Chairman John Kortze, two members of the press and two members of the public.

PUBLIC PARTICIPATION – none

APPROVAL of the MINUTES of the regular meeting of October 20, 2010:
Mrs. Jacob made a motion to approve the minutes of the regular meeting of October 20, 2010, as corrected.  Mr. Ferguson seconded and the motion was carried.

Corrections: Page 3, 4th paragraph – Mrs. Jacob questioned whether the following paragraph in the minutes properly paraphrased what Mr. Ferguson had said. “Mr. Ferguson assumed that the issues about the school day at the Reed School have been resolved.  A consultant has been called in to assist in the transition.” Mrs. Jacob asked Mr. Ferguson if that is what he meant. According to Mr. Ferguson and Mrs. Jacob, he asked about the issues regarding the school day at the Reed School and wanted to know if they had been resolved.

Mrs. Jacob indicted that her name was misspelled with an “s” at the bottom of page 4 and top of page 5; and, she asked that they be corrected.

COMMUNICATIONS
Chairman Capeci indicated he had several communications for the Council.

The first was the Budget Timetable presented by the First Selectman which he said they would discuss further when they talk about the meeting calendar for next year.

Second, the Chairman said he is trying to get John Reed to a Council meeting to talk about Fairfield Hills, the authority and their budgetary constraints and their biannual meeting. He planned on coming to the Council meeting on December 1, 2010, but said he had to be in outpatient surgery that day. Chairman Capeci said he believes everyone got a copy of his presentation and the Chairman asked that if anyone has any question he will try to get answers for them before the December 1 meeting.

Third, Chairman Capeci said he received two letters yesterday –one to the Board of Selectman and the other to the Charter Revision Commission (CRC) signed by Mr. Davis, Mr. Fitzgerald and Mr. Belden. As the Chairman of the Legislative Council, he reprimanded the members for signing their names as members of the Council with their respective districts. The Chairman reminded them that when they aren’t sitting at the table they are nothing more than residents. Chairman Capeci felt that they could unduly influence the CRC as the Commission deliberates on the results that would ultimately come back to the Council. He added that it was inappropriate for them to insert themselves into the process at this time. The Chairman noted that he would electronically submit his comments to the letters as well as a copy of the two letters to be attached to the minutes.

COMMITTEE REPORTS:
Ordinance Committee - Mr. Ferguson reported that the Ordinance Committee has been working on four ordinances with one in the pipeline. The Chair indicated that the fire insurance ordinance is ready to go to a public hearing. He noted that the self-insurance ordinance was sent out for comment to the key players – school system administration, Board of Selectman, Business office and the Finance Director. Mr. Ferguson added that the committee will look at the options and is accepting comments. According to the Chair, they are working on the ordinance to protect the children and will be talking with Land-Use to extend building regulations to those of the parks. Finally, Mr. Ferguson noted that he will be adding the referral from Ben Spragg and the Finance Committee regarding the Fairfield Hills lease.

Public Safety Committee - Mr. Merola reported that Inland Wetland closed the public hearing on Hook and Ladder. He added that they are asking land tech to review the final application and should come to a decision in the next 45 days.

Education Committee - Ms. Fetchick reported that the Education Committee has not had a met since the last Council meeting, but there is a meeting scheduled for the November 29. She explained that the Reed School has almost 900 students and issued a “Cycle Day 6”. Ms. Fetchick explained the day has an organized assembly for 76 minutes and then the rest of the time is left up to the teacher for that day. She said the parents questioned that because for example children in the same grade had different reading times depending on what group they were in. Ms. Fetchick noted that the process started in September with three different forums to explain the schedule. She explained that many of the parents were still upset as to what was going on at Reed and that there was no resolution yet. Ms. Fetchick told the Council she has letters signed by residents requesting to try and change what is going on at Reed School. She added that the parents are requesting equitable instruction time.
        
Mr. Woycik asked if assistant principal was responsible for the curriculum and Ms. Fetchick replied that that was the traditional roll of the assistant superintendent.

NEW BUSINESS:
Discussion and possible action on: 2011-2012 to 2015-2016 Capital Improvement Plan Presentation by John Kortze -
Mr. Kortze began by thanking Mr. Tait for assisting them with the CIP by making a number of suggestions long the way. He told the Council that what they have is the 2011-2012 to 2015-2016 Capital Improvement Plan for the five years. Mr. Kortze noted that last year they had asked for more time because of all the new faces on the Council, Board of Ed and board of Selectmen. He explained that there has not been lot of changes and that the CIP for Board of Education is virtually identical. Mr. Kortze noted that the Board of Selectman’s CIP is similar to last year and that they are continuing their commitment to Hook and Ladder and they are endorsing the Sandy Hook Streetscape.

Mr. Kortze requested that the Council try to understand when appropriations come to it. He suggested they lay out when it will happen and how. Mr. Kortze said that the Town talks lot about plans and he suggested that the CIP be thought of as more of blue print.

He urged the Council to endorse the Board of Selectmen trying to put money into the CIP now and moving forward to decrease reliance on bonding.
Mr. Kortze indicated that the CIP was unanimously endorsed by the Board of Finance.
Mrs. Jacob made a motion to move the CIP as presented by M. Kortze for review by the Board of Finance and back to the Legislative Council. Mr. Fitzgerald seconded and the motion was unanimously approved..


FIRST SELECTMAN’S REPORT:
Mrs. Llodra announced the town was successful in securing a small $5000 Energy and Efficiency Grant for Edmond Town Hall. She noted that it was part of the historical preservation initiative of the State of Connecticut.

Second the First Selectman told the Council that the Road Plan is to determine priorities for road care. She said the crew assessed every mile of every road and have a document prepared. Mrs. Llodra explained that the next step is for engineers’ action chiefs to support it from district to district. She noted that they should end up with list of roads that should be in the budget plan for this year.

As a side note, Mrs. Llodra turned the Council’s attention to the Administration Committee. She stressed that they should not lose track of that effort for the Planning of Conservation and Development (POCD).

Third, Mrs. Llodra highlighted the history of Kevin’s Community Center (KCC) since 2001. She noted that the center’s mission is to provide free medical care to qualified community members. According to the First Selectman,

The Town received a grant of $500,000 in 2008 for KCC to establish its clinic in Newtown Hall at FHH aligned with Danbury Hospital as the main tenant. However, in February 2009 Danbury Hospital’s initiative ceased.

Mrs. Llodra told the Council that they face two issues. First, the unexecuted grant makes the grant increasingly vulnerable; and, second, they have an unfulfilled promise to Kevin’s Community Center. She noted that if the $500,000 isn’t sufficient to retrofit the building they need to tell the state. Mrs. Llodra added that if they don’t get the money it’s a lost advantage for the town because it’ the Town’s facility. The First Selectman informed the Council that the total costs come to $460,000, but said that cost does not include the cost of an elevator which would be an additional $100,000.

Mr. Belden noted that KCC is a great asset to the community, but he cautioned that the Town needs to be careful not to be putting things up piece meal in the FHH duplexes which might be opportunities to put other organizations.
Mr. Fitzgerald said he thinks it’s a great concept and commends the First Selectman for her support. However, he expressed his concerns that it is a financial impact to the tax payers.

As an FYI, Mrs. Llodra reminded Council members that they had asked the Board of Education and the Board of Selectman to collaborate practices. She reported that she and Mr. Tait met with Superintendent Janet Robinson a couple of times to come up with language for RFP. She said their responses are scheduled to be back before the Council on January 1.
  
NEW BUSINESS (continued):
Discussion and possible action on: 2011 Legislative Council Meeting Calendar-
Mrs. Jacob made the motion to accept the 2011 Legislative Council meeting calendar as presented and corrected. Mr. Ferguson seconded and the motion was approved unanimously.
Mrs. Jacobs noted the correction of three dates 2/11/10 should be 2/11/11, 3/18/10 should be 3/18/11 and 4/15/10 should be 4/15/11.

Discussion and possible action on: 2011 – 2014 School Administrators Contract -
Ms. Fetchick moved to refer the Administrators’ Contract to the Finance Committee. Mr. Fitzgerald seconded.

Chairman Capeci noted the Council has a 30-day window to act on it.

Mr. Ferguson commended the Board of Education for getting it to the Council in very timely fashion and said he applauds whoever is helping in this process.

(Motion was voted on and approved at the end of the meeting.)

Discussion and possible action on: First Selectman’s letter to the Board of Education Chair on town wide space needs review –

Ms. Fetchick moved to adoption the following resolution: Resolved that the Legislative Council supports the completion of both the School and Town Space Needs Assessment in order to determine the best use of the space for the Town as a whole. Mrs. Jacob seconded the motion.

Ms. Fetchick told the council they put a lot of research into studies looking at population and school enrollment. She added that the question is given those numbers, how can we best use the spaces for the Town.

Mr. Belden said this largely emanates from the kindergarten issue. He warned fellow Council members that they need to be careful they don’t plan needs around space but rather plan space around needs.

Mrs. Jacob agrees space needs study needs to be done, but believes it’s more about implementation.

Chairman Capeci offered a friendly amendment to be added to the end of Ms. Fetchick’s motion. The amendment would be s follows “. . . prior to implementation of programs requiring expenditure of additional space.”

Mr. Fitzgerald indicted he would rather have more time to revise the wording of the motion before he votes on it.

After a brief discussion, the Chairman called members of the Council to vote on the original motion after withdrawing his amendment.

The motion was approved 9-1. Mr. Fitzgerald voted against the motion.

Green House Update - Mrs. Llodra reported that in the lat discussion they had regarding the greenhouse there was concern expressed about the costs coming in. She noted that Bob Mitchell determined he wanted approval of Mr. Tait and her. The First Selectman said they advised rebidding and changing the barrel-shaped roof to a traditional one. Mrs. Llodra said the new bids came in between $85,000 and $220,000. She anticipates the total cost will be $220,000.

Letter to Board of Selectman regarding Space Needs – Regarding space needs, Mrs. Llodra said she urged the Board of Selectmen to enter into lease agreements until it has the support of the public. She asked to discuss the letter with Mr. Belden, Mr. Fitzgerald and Mr. Davis.

Mr. Fitzgerald asked if he could bring in his lap top to review all their communications electronically rather than printing them all up. Chairman Capeci indicted that would be fine.

Mrs. Llodra noted that there was still a motion on the table regarding the Administrators’ Contract. Chairman Capeci promptly called for a vote on motion. The motion to refer the Administrators’ Contract to the Finance Committee was unanimously carried.

VOTER PARTICIPATION: none

ANNOUNCEMENTS:
Chairman Capeci announced that Public Building and Site was doing work on the Middle School roof. He said he wants a liaison for vetting of architect proposals and asked Mr. Spragg to do that.

ADJOURNMENT:
Mr. Ferguson made the motion to adjourn at 9:45 pm. Mr. Fitzgerald seconded and the motion was unanimously approved.
        


Ted Swigart, Clerk