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1-11-10 Ordinance Subcmte
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.