Town of Newtown, CT Archive

12-15-10

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, December 15, 2010

Chairman Jeffrey Capeci called the meeting to order at 7:46 pm.

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

ABSENT: James Belden

ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, Public Works Director Fred Hurley and Board of Finance Chairman John Kortze, Town Clerk Debbie Aurelia, two members of the press and 3 members of the public.

VOTER PARTICIPATION:

Mr. Kortze brought two items to the attention of the Council – one was regarding an agenda item and the other regarding communications.

First, the Chairman indicated that the Town was in its second year with the auditor, addressed the Town side and raised questions regarding the Board of Education (BOE) side. He stressed that the Board of Finance (BOF) has been very vocal on the issues of transfers and noted that the BOE passed a motion and didn’t really change the policy, but changed the way they did things.

Mr. Kortze suggested that this raised two concerns: 1.) The Audit report refers to last year’s budget and specifically states the BOE is in violation of their own statute in their policy. 2.) Serious issue of transparency of waiting until the end of the year to do transfers.

He said the BOE voted on September 7 but raised the question as to where they based their decision on since there are no minutes from the BOE Finance Committee meetings nor were the minutes warned. According to Mr. Kortze, in the BOE meeting September 7, 2010 under New Business Transfers, Lillian Bittman moved that as proposed by the BOE Finance Committee last fall and subsequently used during most of FY 2009-2010, that the Newtown BOE officially move to an encumbrance financial reporting system, employing transfers only in the event of error or correction, giving BOE financial statements more clarity, accessibility, and easy-to-understand year-to-year accountability. Mr. Gaines seconded and the motion passed 5-2.

Mr. Kortze told the Council that subsequent to that BOF passed a resolution asking the BOE to reverse its decision. He noted that that BOF will meet with the auditor in early January. He added that he handed the statute to the Chairman of the BOE sometime ago.

The BOF Chairman reported that he had recently had a conversation with the auditor and Mr. Tait. He noted that a ramification of management letter was drafted and added that it is the Auditor’s opinion that it is in violation of the statute and if nothing is done it will rise to a letter of finding.

Second, Mr. Kortze noted that there are communications going around referring to FOI and the definition of what a meeting is. He suggested that the various Boards, Commissions and Committees should even be careful what is discussed in emails as it could be construed as a meeting.

APPROVAL of the MINUTES of the regular meeting December 1, 2010

Mr. Spragg moved to approve the minutes of the regular meeting December 1, 2010 as corrected. Mrs. Jacob seconded and the motion was carried. Mr. Merola abstained as he was not present at the December 1 meeting.

Corrections/ Amendments: Chairman Capeci offered the following corrections on Page 2:

Page 2, under Communications, 2^nd paragraph, end of the second to last sentence should read “. . . drifts beyond the property borders” not “. . . drifts beyond the public boarders.”

Page 2, under Communications, 2^nd paragraph, end of the last sentence should read “. . . indicated that the Council would have a roll revising ordinances, if necessary.”

Page 2, under Finance Committee, end of sentence – add the “word” Plan after “Capitol Improvement”

Mr. Davis indicated that he believed that following any corrections the minutes could be modified and posted to reflect the changes. Chairman Capeci asked the clerk to follow up on the matter and get back to him at the next meeting.

COMMUNICATIONS:

Chairman Capeci reported that Mr. Ferguson had stepped down as Chair of the Ordinance Committee. He thanked Mr. Ferguson for all his work and noted that since the former Chair was remaining on the committee he looked forward to working with him in the future.

COMMITTEE REPORTS:

As the Finance Committee was the only one with a report, Chairman Capeci suggested Mr. Spragg give his report when they move on “the Resolution Amending A Resolution” that evening.

FIRST SELECTMAN’S REPORT:

Mrs. Llodra reported that the final DPUC hearing on extending the water line from Newtown to Green Ridge was held that day. She said they arrived at the meeting at 10 am and said she left the hearing at 6:50 pm when the DPUC decided to take a break before starting the public session.

The First Selectman said they had heard very compelling testimony from three different views. She told the Council that she did not discount the importance of the Green Ridge residents need for drinkable water, but rather she was looking for assurances Newtown’s water will not be compromised in doing so.

Mrs. Llodra informed the Council that even if Green Ridge residents were granted use of the water, the project would take 22 months and added that in the meantime they still have water that’s undrinkable.

According to Mrs. Llodra, they will know the DPUC’s decision in a month or so.

The First Selectman passed out an information sheet to Council members summarizing the various important matters she has been discussing.

State of the State – Mrs. Llodra indicated there is a $3.5 million budget gap each year for the next three years with a total of $10 million on the books now. She added that the employment is nearly insolvent. According to the First Selectman, Governor-Elect Dan Malloy states his intention to hold ECS at its current level. In addition, Mrs. Llodra indicated that the general conversation is that municipalities should be prepared to accept a 15% reduction in State revenue.

State of the Town – Mrs. Llodra reported that tax collections are at or above last year’s level and noted that the Grand List is up a bit. In addition, she indicated that fees collected for building permits are up year over year, by month and that the Town Clerk fees are up over the prior year. Furthermore, the First Selectman told the Council that the revenue accounts that may exceed budget estimates will be partially offset by interest on investments coming under budget; and she added that overall it appears that for this fiscal year, revenues will cover expenditures as budgeted

Newtown Municipal Center Generator – The First Selectman said she completed the challenge to secure a generator for the Municipal Center and that it was installed and was now online. She briefed the Council on the history of the generator explaining that Bill Halstead had secured a $7800 grant for the generator a month ago but the amount was insufficient to cover the costs. Mrs. Llodra explained that Mr. Halstead worked with the BOE Plumber and Electrician as well as Parks and Recreation to do the excavating and was able to complete the project with the grant. She hailed the collaboration between municipal and BOE employees for completing the project successfully.

Following the First Selectman’s report, Chairman Capeci suggested the Council skip over the Unfinished Business for the time being and hear the report on the Town’s new website by Miss Aurelia.

NEW BUSINESS:

Report by Debbie Aurelia, Town Clerk on New Newtown Website – The Town clerk lowered a screen allowing her to present the new Website’s design for all to see.

In her presentation, Miss Aurelia showed Council member how to navigate the website and highlighted all the benefits which included a calendar and alert bar at the top for such things as road closures. She indicated that some of the pluses of the new website design were as follows:

Faster link navigation
Existing content will transfer over to new website
Integration of EBC with potential of integrating school website
Town notices
A community portal which will have links to other websites
Introduction of video streaming
Ability to search to find content in website
Much more user friendly
Access to agenda and meetings
“Code Red” emergency link

Miss Aurelia fielded several questions regarding such concerns as keeping the month at a glance and a link to the BOE website with possible integration of their website.

The Town Clerk used the City of Meriden’s website to give Council members an idea of what Newtown’s new website would look like. She recommended that all Council members download “Silverlight” in order to use Meriden’s website.

Mrs. Llodra noted that clerks will record the times of each agenda item allowing visitors of the site to go to specific points in the audio/video recording of the meeting.

UNFINISHED BUSINESS:

Discussion and possible action on: Creation of a Self-Funded Health Insurance Fund and Committee Ordinance – Mrs. Jacob moved the creation of a Self-Funded Health Insurance and Committee Ordinance to Public Hearing. Mr. Merola seconded and was unanimously approved following a brief discussion.

Mrs. Jacob explained that the purpose is to make sure the self-funded insurance fund is properly maintained and used in a proper way. She noted that the Committee will look at the expense level; the terms and appointments of Committee members; and decide what would happen if the fund was terminated by either party and if money left over would pay future claims

Chairman Capeci said it was a collaborative effort and that they went through Legal Council and got a simpler final product from the beginning.

Mrs. Llodra and Mr. Tait clarified Mrs. Jacob’s point that if the fund is dissolved by either party the remainder will pay off claims for 90 days and whatever is left will go into the General Fund’s revenue.

Ms. Fetchick noted that she had not seen any mention of quorum.

Mrs. Jacob indicated that according to Robert’s Rules if it’s not stated it reverts to Robert’s Rules.

Discussion and possible action on: Chapter 229 Fire Lanes Ordinance Amendment – Mrs. Jacob made a motion to move Chapter 229 Fire Lanes Ordinance to Public Hearing. Mr. Woycik seconded and the motion was unanimously carried.

Mrs. Jacob indicated that the Fire Lanes Ordinance passed by the previous Council wasn’t warned correctly in the paper. She also noted that some typographically errors were cleaned up as well.

Discussion and possible action on: 2011 – 2014 School Administrators Contract –

Mr. Spragg reported that the Finance Committee met at 7 pm down the hall from the Municipal Board Room that evening. He explained that the School Administrators Contract is a three-year contract proposing the following wage increases each year: 2011-2012 a 0% increase, 2012-2013 a 2% increase, and 2013-2014 a 2.5% increase. Mr. Spragg noted that compensation increases by 2% the second year and the benefits change slightly in the third year with the administrators picking up more of the cost. In addition, he told the Council that administrators will get an additional $2,000 for doctorates.

According to Mr. Spragg, the Finance Committee debated the merits of the mediated agreement and voted 5-1 in favor of rejecting the proposed contract.

Mr. Spragg moved the proposed 2011 – 2014 School Administrators Contract be rejected by the Legislative Council. Mr. Amaral seconded.

Mr. Spragg indicated that they rejected the proposed contract primarily due to the stale economy.

Mr. Woycik expressed his belief that the overriding concern was due to the term of the contract and the award. He suggested a better contract that of Danbury High School which according to an article in Danbury News Times proposed a 0% increase the first year, a 2.25% increase the second year and a “wage re-opener” the third year.

Chairman Capeci recommended the matter be tabled until the Council goes through the remainder of the agenda, noting that the level of detail the Council might need to go into is not meant for a public meeting. He added that he wants to know why two members of the BOE voted against it.

Mrs. Jacob stated that she believed that the increase is a conservative. She added that if one did the math a 2% is about a $40,000 total increase and said she didn’t think she could support the motion to reject the proposed contract. Mrs. Jacobs concluded by stating if you want students to excel you need strong leadership and said it’s in line with other contracts.

Mr. Fitzgerald said he supports the Finance Committees recommendation to reject the proposed contract and he suggested the BOE come in with more conservative numbers and indicated he was uncomfortable with going into the third year being locked in to a 2.5% increase. Mr. Fitzgerald said he doesn’t expect a different budget season.

Mr. Merola expressed his concern about concentrating on funding two years ahead especially with what’s going on and no advance in the economy. He indicated that he would prefer the Town go to an annual contract, particularly in hard times, with a possibility to re-open.

Mr. Davis said he was the loan Finance Committee member who opposed the recommendation. He noted that the economy could be great and 2% would be a steal. He suggested that by leaving the contract open-ended, the Town is opening itself up to a risk. He also said that the Council is changing the rules at the end. Mr. Davis indicated that to start saying multi-year contract doesn’t make sense after its negotiated is wrong. He concluded by stating that he thinks the Council should approve the proposed contract.

Mr. Spragg made a motion to table. Mr. Ferguson seconded and the motion to table was unanimously approved.

NEW BUSINESS (continued)

Discussion and possible action on: Resolution: A RESOLUTION AMENDING A RESOLUTION APPROPRIATING $1,000,000 FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PLANNING AND DESIGN OF A PARK AND RECREATION COMMUNITY CENTER/SENIOR CENTER AND AUTHORIZING THE ISSUANCE OF $1,000,000 BONDS OF THE TOWN TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE – Mr. Spragg moved a Resolution: a resolution amending a resolution appropriating $1,000,000 for architectural and engineering services for the planning and design of a park and recreation community center/senior center and authorizing the issuance of $1,000,000 bonds of the town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose. Mrs. Jacob seconded.

Mr. Spragg indicated that the intent is to amend the resolution to $1,425,000 by adding a special appropriation of $425,000 to the original resolution of $1 million.

Mr. Hurley explained that the $425,000 was to clean up the asbestos that was discovered in weather proofing material in 226 window sills of Litchfield Hall. According to the Public Works Director, that amount would be in addition to the $1 million already approved - $600,000 for design work and $400,000 for the demolition.

Chairman Capeci asked for a straw poll of the motion for resolution. 4 supported the resolution.

Mr. Spragg said he doesn’t believe sending the resolution to Town meeting is legal.

Chairman Capeci indicated that he had spoken to Town Attorney Dave Groggins who felt the Council could send it to a Town meeting.

Mr. Hurley indicated that the pricing for this will not get better and stressed that the time was righ.

Mr. Davis said he would support the resolution only if it’s taken to a public hearing.

Mr. Capeci said they will have to get a legal opinion on it.

Mr. Fitzgerald says he supports the Town Meeting concept and indicated that the building must come down.

Mr. Spragg noted that he understands the Council needs something that enables it in the Town’s charter to have a Town meeting.

Mr. Woycik suggested that the Council get a legal opinion as to whether suggestion to go to a Town meeting is appropriate. He added that he doesn’t want to vote until Council members have all the facts.

Ms. Fetchick stated that the demolition project has to be done because it’s a safety issue.

Mr. Capeci suggested an amendment to the resolution was in order so that the Council could vote on the matter and somehow obtain the legal opinion regarding the town meeting.

After listening to what Council members were suggesting, Mr. Gaston assisted the Council by wording an amendment to the resolution amending a resolution and offering it to Mr. Ferguson to move.

Mr. Ferguson moved to pass the Resolution subject to the legality of a Town meeting, authorizing and directing the Board of Selectmen to call the resulting Town meeting, and said passage of the resolution at the Town meeting also if the Town meeting is deemed legal by the Town Attorney then the passage of the Resolution here is final and binding. Mr. Davis seconded the amendment to the Resolution Amending a Resolution.

Chairman Capeci called for a roll call vote on the amendment which passed 8-3. Mr. Woycik, Mr. Spragg and Mr. Merola voted against.

Chairman Capeci called for a roll call vote on the Resolution Amending a Resolution. The Resolution Amending a Resolution passed 10-1. Mr. Spragg voted against.

At this point 11:10 pm, Chairman Capeci called for a brief recess.

Chairman Capeci re-opened the meeting at 11:18 pm. He said he noticed missing language and called\for a motion to rescind the original motion.

Mr. Ferguson moved to rescind the original motion. Mr. Woycik seconded and the motion to rescind was unanimously approved.

Mr. Spragg moved a Resolution: Titled a Resolution Amending A Resolution appropriating $1,000,000 for architectural and engineering services for the planning and design of a park and recreation community center/senior center and authorizing the issuance of $1,000,000 bonds of the town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose. Mrs. Jacob seconded and the motion was unanimously approved in roll call vote.

Mrs. Jacob moved to pass A Resolution authorizing and directing the Board of Selectmen to call a Special Town meeting subject to the legality of a Town meeting to consider and take action upon the resolution entitled “Resolution Amending A Resolution appropriating $1,000,000 for architectural and engineering services for the planning and design of a park and recreation community center/senior center and authorizing the issuance of $1,000,000 bonds of the town to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose.” Ms. Fetchick seconded and the motion was passed 8-3 in a roll call vote. Mr. Merola, Mr. Spragg and Mr. Woycik voted against.

Discussion and possible action on: Newtown Comprehensive Annual Fiscal Report for Year Ending June 30, 2010 – Mrs. Jacob made a motion to approve the Newtown Comprehensive Annual Fiscal Report for Year Ending June 30, 2010. Mr. Ferguson seconded and the motion was unanimously carried.

Discussion and possible action on: Transfers

FROM	To	Amount	Reason
01570-2000 CONTINGENCY	01100-4063 Tick Borne Disease Action Committee	$1,000	Completion of the body of work.
01570-2000 CONTINGENCY	Technology Maintenance	$2025	Maintenance

Mr. Spragg made a motion to transfer from account 01570-2000, Contingency, to account 01100-4063, Tick Borne Disease, the sum of $1000. Ms. Fetchick seconded and the motion was unanimously approved.

Mr. Spragg moved to transfer from account 01570-2000, Contingency, to Technology Maintenance the sum of $2,025. Mr. Merola seconded and the motion carried unanimously.

VOTER PARTICIPATION:

Carla Kron, 4 Clapboard Ridge Road, express her concern about the Legislative Council’s proposed motion to reject the School Administrator’s Contract. She agreed that there is a broken down process, but suggested that what the Council was going to do will do a lot of damage. Ms. Kron noted that there was a lot of trust involved in the process leading to the proposed contract. She recommended the Council approve the contract and start fixing the process afterwards as a solution for the future.

ANNOUNCEMENTS: none

At 11:45, Chairman Capeci called for a recess before calling the vote on the 2011 – 2014 School administrator’s Contract.

At this time the clerk left the meeting.

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

Supplemental Minutes taken during the final phase of the Legislative Council meeting on Wednesday December 15, 2010.

Motion and Second:

Mr. Benjamin Spragg made a motion to reject the Town of Newtown’s School Administrators’s Contract Proposed. The motion was seconded by Dan Amaral.

Mr. Spragg speaking to the motion:

Mr. Spragg, elaborating on his motion, reported that the Legislative Council Finance Committee, had been charged by the full Council with reviewing, analyzing and making a recommendation to the Council on the proposed School Administrators contract.

Mr. Spragg reported that the Finance Committee had discussed the contract at their meeting immediately preceding the full Council meeting. (See minutes)

The Committee voted by 5 to 1 to reject the contract and to recommend the same to the full Council. Mr Davis was the sole vote against the motion to reject.

The Committee expressed a number of concerns including:

Automatic raises of 2 % and 2.5% in years two and three

Some felt that 2.5% was not appropriate in this climate

Strong consensus that being locked into numbers in present economic climate was not prudent

Felt it would be better to have language enabling the contract to be opened in years two and especially three.

Prognosis on revenue side suggests the State will not be able to help and taxpayers cannot afford the increase. (State economic crisis, foreclosures, shadow real estate inventory, unemployment, consumer sentiment, credit, business formations, building permits, bankruptcies, velocity of money, etc.)

Salaries of some Administrators (3 new Principals) will go up this year notwithstanding the 0% increase because they were new hires that were hired below the minimum and are contractually entitled to automatic increases. Others will get an increase of $2,000 per annum as a result of the new language related to Administrators with Ph.D.’s

Following the conversation members of the Council had an opportunity to speak:

Chairman Capeci expressed concern that the term “Just Cause” was inserted into the contract but without defining what this means or doesn’t mean.

Ms. Fetchik said we really don’t have a choice - they will just be spending more money.

Mr. Capeci said he didn’t see a see a huge prospect for gain by rejecting the contract.

Ms. Fetchik said that not taking any action is an option. Expressed a concern that the contract allowed for vacations to be taken during the school year, expands holidays, and inserted language about “just cause” without defining what this means. Furthermore she indicated that in her experience that even when the school board has suggested that something, like health care, is going to represent a savings, it has wound up costing more.

Mr. Amaral said that we need to reject it in order to send the message that this is too much - have to show some responsibility - we need good teachers and Administrators - but financial implications - money is not going to come from the State. Going to pass it on to the taxpayer. No message ... then they will continue to do just what they are doing.

Kevin Fitzgeradk said that the agreement is very good. There is no opportunity to financially gain from arbitration. Its a good agreement for today, but may not be in two years but because there is no guarantee of gain, felt I couldn’t support rejecting it.

Gary Davis expressed his desire to pass the budget but strongly endorses the concept of the Councils exploring and passing a resolution and or expanding regulations to better define the process of how these contracts are negotiated so that it strengthens and involves the role of the Council as the Town’s fiscal authority.

George Ferguson praised the Administrators as important community leaders. He said he thought the system is broken. Given the current economic circumstances and a better system, he thought our educational leaders voices would be heard and a better outcome would result. The State, under one party rule for thirty years, has made a mess of many of our systems and especially their one size fits all approach to education. The Connecticut Freedom of Information Act has exempted collective bargaining from open government, making labor negotiations secretive and mysterious. Labor laws put in place years ago have had unintended consequences. Presumably In the interest of fairness, after eliminating educators right to strike, legislators built a system that leads to ever increasing costs with no connection to individual performance.