George T. Ferguson, Chair 
John Aurelia, Sr. 
James S. Belden 
Jeffrey A. Capeci 
Mary Ann Jacob  
Richard Woycik 
  
3 Primrose Lane  
Newtown, CT. 06470 
Tel. (203) 270-4210 
 
 
 
 
Legislative Council Ordinance Committee 
Minutes (Draft) and Motions for Meeting of January 11, 2010  
Regular Meeting 
January 11, 2010 6:00 p.m. 
Newtown Municipal Center, 3 Primrose Street, Newtown, CT 
 
 
Committee Members  Present:  James Belden, Jeff Capeci,  George Ferguson (Chair), Mary Ann Jacob 
 
Committee Members Absent:    John Aurelia Sr., Richard Woycik 
 
Also present:                                David Grogins, Town Attorney;   
                                                      John Voket, Associate Editor, Newtown Bee 
 
The meeting was called to order at 6:07 p.m. 
 
Public Participation 
  
There were no members of the public present 
 
Review and Approval of Minutes  
 
        The minutes of the meeting of December 21, 2009 were approved unanimously as amended.   Mary Ann Jacob moved to approved the minutes of December 21, 2009.   James Belden seconded.  Discussion included suggestions by Mr. Capeci to change the wording to reflect that “the Council” not “the Chair” charged the Ordinance Committee to review Regulation 4, and also to change the tense of a word.  With those changes, the motion was approved unanimously. 
 
Discussion Regarding Modifications To Regulation 4, Chapter 90, Newtown Code Book, Regarding Town Of Newtown Purchasing And Bidding Procedures 
 
The Committee continued its discussion of three proposed changes to Regulation 4, Chapter 90 of the Newtown Code Book.  Changes to sections 90-3 and 90 -4 had previously been proposed.  The specific changes to be discussed included: 
 
- Changing the dollar threshold upon which the purchasing authority could act from $10,000 to another amount. (Section 90-3, Section 90-4)
 
- Striking the following wording from section 90-4:  “provided that such a waiver is approved by the purchasing authority, which shall set forth its reasons in its minutes.”
 
- Changing the following in Section 90-4 From:  “Nothing herein shall limit the right of the purchasing authority to reject all bids or proposals if it deems it to be in the best interest of the Town.”  To:  “Nothing herein shall limit the right of the purchasing authority to reject any or all bids or proposals if it deems it to be in the best interest of the Town.”  
 
 
 
Mary Ann Jacob moved that we strike out the language “provide that such a waiver is approved by the purchasing authority, which shall set forth its reasons in its minutes.” With the understanding that the member of this committee recognize the need for checks and balances and will address that issue when the entire purchasing regulation is revisited by this committee.  Motion seconded by James Belden.  Mr. Capeci pointed out that we also wanted to change Section 90-4 to include the words “any or” so that the sentence now reads: “Nothing herein shall limit the right of the purchasing authority to reject any or all bids or proposals if it deems it to be in the best interest of the Town.”  With that change the motion was approved unanimously. 
 
The Committee discussed and wants it to be known that it is viewing its actions as a first bite of the apple with an expectation that it will, with participation of the purchasing authority, undertake a more thorough biennial review of the purchasing regulation as called for by the Charter of the Town of Newtown. 
 
Preliminary Discussion Regarding Status of Newtown Code Book  
 
There was a short discussion of the preliminary efforts to explore the possibility of updating the Newtown Code Book in its online and printed versions. Town Attorney Grogins indicated an interest in participating in the dialogue around this effort.   Attorney Grogins provided insights on Ordinances and Regulations and what he felt should and should not be in a Code Book.  It was noted that the Town Clerk is in the process of planning an evening meeting with General Code, the Company that produced the Code Book revision and hosts it online through its service ECode360. 
 
Possible Recommendations Of Actions To Brought Before The Newtown Legislative Council 
 
        It was determined that George Ferguson as Chair would bring forth a recommendation and motion for the full Legislative Councils’ review at their January 20, 2010 meeting. 
  
Public Participation - none 
 
New Business    - none 
 
        Motion to adjourn made by James Belden.  Vote to adjourn unanimous. 
 
 
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