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, December 1, 2010
Chairman Jeffrey Capeci called the meeting to order at 7:34 pm.
PRESENT: George Ferguson III, Ben Spragg, James Belden, Dan Amaral, Jan Andras, Gary Davis, Rich Woycik, Kevin Fitzgerald, Kathryn Fetchick, Mary Ann Jacob, and Chairman Jeff Capeci
ABSENT: Bob Merola
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Land-Use Director George Benson, Public Works Director Fred Hurley, R.W. Bartley & Associates President Russell Bartley, two members of the press and one member of the public.
VOTER PARTICIPATION: none
APPROVAL of the MINUTES of the regular meeting November 17, 2010
Mrs. Jacob moved to approve the minutes of the regular meeting November 17, 2010 as corrected and amended. Mr. Ferguson seconded and the motion was carried.
Corrections/ Amendments:
Page 2, under Committee Reports, Education Committee last paragraph – Mr. Woycik believed that the paragraph didn’t capture the point he was making. He indicated that the reason he asked if the assistant principal was responsible for the curriculum was because the Board of Education hired a scheduling consultant to assist with the Cycle Day 6 issue. Mr. Woycik questioned why a consultant was hired if the Board of Education was already paying someone – the assistant principal – to do the work.
Page 2, under Committee Reports, Ordinance Committee, ordinance to protect the children – Mr. Ferguson indicated that the sentence should read, “According to the Chair, they are working on the ordinance to protect the children and will be talking to Land-Use regarding whether to extend these regulations to the Town’s open space properties.”
Page 3, 3rd paragraph, Mr. Ferguson and Mrs. Llodra indicated that it should be rephrased to read, “He urged the Council to endorse the Board of Selectmen using Capitol Non-Recurring Funds to decrease reliance on bonding.”
Page 3, under First Selectman’s Report, 2nd to last paragraph – Mr. Belden asked that “to put other organizations” be substituted with “to take a broader look at the development to the duplexes around Kevin’s Community Center.”
Page 2, first paragraph - Mr. Davis asked that since he was not present for the meeting he prepared a statement and asked that it be attached to the minutes offering his rebuttal to the letter the Chairman read during the meeting on November 17. (Mr. Davis’ letter is attached to the evening’s minutes.) Mr. Davis also suggested rewording the paragraph in the minutes. Chairman Capeci suggested that everything following his first sentence in the paragraph in question be stricken from the record as opposed to rewording it.
COMMUNICATIONS:
Chairman Capeci reported that he had three announcements for the Council.
First, the Chairman told the Council that he had a handout for them relating to procedures outside the Council. He explained that he devised the procedures because he believed there should be rules that apply to everyone equally. The Chairman added that while the administration committee is looking at the rules, it should use this as a starting point to put language like this into the rules of the Legislative Council.
Second, Chairman Capeci reported that he had received an email from a constituent regarding a noise issue in her neighborhood. He said she noted that the current Noise Ordinance and the previous amplifications ordinance were not sufficient enough. Chairman Capeci indicated that he had spoken to Police Chief Michael Kehoe regarding the matter. The Chairman added that the Chief felt he should be able to resolve the issue and any other issues regarding loud music, and so forth, and how it drifts beyond the public boarders. He told the Council he has complete faith in Chief Kehoe and indicated that the Council would have to take a roll revising the ordinances, if necessary
Third, Chairman Capeci informed the Council that he had read in the paper that Public Building and site put together a Committee which will review RFP’s coming in for the Middle School Roof. The Chairman added that he had asked Mr. Spragg to participate in that. He believes they will start looking into that next week.
COMMITTEE REPORTS:
Administration Committee – Chairman Davis reported that the Administration Committee had met that evening and discussed planning for Conservation and Development. He said they completed their recommendations and will be forwarding them to the First Selectman, the Council and Planning and Zoning.
Mrs. Llodra added that the Board of Selectmen wants commitment from the entire Legislative Council. She noted that she wants to add those recommendations together with their input to Planning and Zoning as a recommendation tool
Mr. Davis indicated that they had a checklist of strategies from Mr. Benson and he added that the best course of action is to recommend it to the Ordinance Committee.
Education Committee – Chairman Fetchick informed the Council that the Education Committee met on Monday to discuss the charge. She said the Committee agreed their charge should stay with the Board Education budget and invite the Superintendent Dr. Janet Robinson and Board of Education Chairman Bill Hart to attend.
Finance Committee – Chairman Spragg reported that the Finance Committee has two meetings scheduled for the month of December. December 15 at 7pm to discuss the school administrators’ contract; and December 16 at 7pm in the Mary Hawley Room of Edmond Town Hall to discuss Capitol Improvement.
Ordinance Committee – Chair Ferguson reported that the ordinance committee met and discussed the primary ordinance, the self fund insurance ordinance. He noted that it was currently under legal review and that they were looking to go to a public hearing with it the first week of January. He also indicated that the Fire Ordinance was ready and they were looking to have that at the same public hearing in January. The Chair informed the Council that the open space ordinance was tabled and that the child protective ordinance was still in the works.
FIRST SELECTMAN’S REPORT:
Web Site - Mrs. Llodra reported that the Web Site Committee is just about done with its work. She noted that they are embedding the capacity for video streaming and said she hopes to take the opportunity at the next Council meeting to show them what it will look like.
High School Addition - According to the First Selectman, she had hoped that they would have the C.O. for the High School addition that day, but there have been some compliance issues. She noted that they will be doing fire alarm testing the next day.
HVCEO (handout) – Mrs. Llodra passed out a handout concerning the Housatonic Valley Council of Elected Officials (HVCEO). She explained that the Legislative Council agenda will be shared with HVCEO.
The First Selectman informed the Council that HVCEO’s primary concern is to prevent cuts to revenue. She added that the timeliness of the state budget was a concern. HVCEO would like the State to adjust their budget timeline to be more in line with municipalities.
CCM (handout) – The First Selectman said that there were some crossovers regarding the State Legislation program of CCM (Connecticut Conference of Municipalities) and HVCEO. She noted that the primary difference was that HVCEO had more prevalent issues at the Town’s level where as CCM had more at the statewide level.
Public Act 10-111 – Mrs. Llodra said that a letter she wrote that was sent to State Rep John Chu who is working with HVCEO regarding 10-111 which focuses on theme that there is a significant unfunded mandate which will generate revenues for educational purposes. The First Selectman believes that there are many positive beneficial elements to 10-111, but stresses that if the public act is implemented it will cost $700,000 in Newtown alone. Mrs. Llodra indicated that she had spoken to Dr. Robinson who said she was in support of delaying implementation of 10-111.
Mr. Woycik suggested that HVCEO’s primary concern should be to cease and desist regarding unfunded mandates given the debt the entire state is in as well as the municipalities and other states. He stressed that there needs to be a relief from unfunded mandates.
The First Selectman agreed given the cost of 10-111. She added that the Town has three very affective legislators who could be the Town’s voice regarding unfunded mandates.
Chairman Capeci said he tried to get in contact with the Town’s state legislators to have a forum.
UNFINISHED BUSINESS:
Discussion and possible action on: A resolution to accept land transfer from the State of Connecticut to the Town of Newtown for the purpose of an animal control facility –
Mrs. Jacob moved to accept the land transfer from the State of Connecticut to the Town of Newtown for the purpose of an animal control facility. Mr. Belden seconded.
Mr. Bartley began by reminding the Council that that the last time he appeared before them they had two main concerns – the level contamination of the pesticide Dieldrin and he desire to obtain more information on the mercury spill.
According to Mr. Bartley, there was no evidence of Dieldrin in their last ground water sampling; however, they did find levels of hydrocarbons (i.e. oil) in the one well. To clarify the results of the testing, he handed out copies of his final report which included a site map.
Mr. Bartley said that it was their conclusion based on the latest test that the hydrocarbons came from another property and that the Town is not responsible for it. In addition, he noted that the levels of hydrocarbon contamination were acceptable.
Mr. Benson assured the Council it wouldn’t increase the liability to the Town by accepting the property.
Mr. Woycik asked if there was any testing of the water at Deep Brook; and, Mr. Bartley indicated that they had seen no difference when they tested the sediments both upstream and downstream.
Mr. Belden noted that the state tested the fish in deep Brook and found very little to no contamination of Dieldrin in the fish. However, he was quick to note that other pesticides were found in the fish.
Mrs. Jacob questioned whether the Town had an impact statement for the transfer referring to 6-100 of the Town Charter.
Mr. Tait said he was not sure, but indicated it was tied to the appropriation of the animal control facility.
Mrs. Llodra indicated that “appropriation” is the key word. She noted that when appropriation was done for the animal control facility that the persons managing that at the time did complete that impact statement in 2007.
Mr. Spragg noted that he didn’t think the Council needed an impact statement to take action on it that evening.
Mrs. Llodra noted that the last time the facility came before the Town it was an easement issue.
Mr. Hurley noted that the right to pass on and off the property has been established.
The motion was carried unanimously by roll call vote.
Chairman Capeci advised the Council that they would not be entertaining a Discussion and possible action on: 2011 – 2012 to 2015 – 2016 Capital Improvement Plan or the 2011 – 2014 School Administrators Contract as they were still with the Finance Committee pending review.
NEW BUSINESS:
Discussion and possible action on: Transfers from 01570-2000, Contingency Fund, to 01100-4063, Legal Services – Other, the amount of $100,000 for Legal Fees which continue to be a significant expense due to ongoing case load –
Mr. Spragg moved to transfer $100,000 from Contingency Fund account 01570-2000 to Legal Services 01100-4063 the amount of $100,000. Ms. Fetchick seconded.
Regarding the breakdown of details, Mr. Woycik asked the First Selectman as to what extent members of Legislative Council could inquire about the events in a public forum. Mrs. Llodra indicated that she preferred not the mention specific case names because some of the cases were still active.
Mr. Spragg asked what the balance would be in the Contingency Fund after the transfer and Mr. Tait replied “350 to 360 roughly.” Mr. Spragg asked if that would be sufficient and Mrs. Llodra responded that typically the Town wants $250,000 in contingency in case it’s a bad winter. She added that they are keeping a close watch on Contingency for that reason.
To further discuss the transfer in depth, Mr. Spragg made the motion that the Council add an Executive Session to their evening’s agenda. Mrs. Jacob seconded and the motion was passed 10-1. Mrs. Jacob opposed.
Before entering into executive session, Chairman Capeci called for a vote on the motion regarding the transfer of $100,000 which was still on the floor.
The motion to approve the transfer of $100,000 was unanimously approved.
VOTER PARTICIPATION: none
ANNOUNCEMENTS: Mt. Belden made announcement that the regarding the Stream Flow regulations. DEP is working at bringing back revised regulations in response to the concerns of the initial rejection back in October. According to Mr. Belden, the regulations may be considered Dec 5 or at the meeting the third week of December.
EXECUTIVE SESSION:
Mr. Woycik moved that the Council enter into executive session at 9:05 pm for the purpose of discussing the details of the transfer from the contingency fund as it regards to litigation when legal expenses occur. Mr. Amaral seconded and the motion was unanimously carried.
At this time the clerk left the meeting.
Ted Swigart, Clerk
* Minutes are not finalized until approved at the next regularly scheduled meeting.
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