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8-18-10 Ordinance Committee
George T. Ferguson, Chair
James S. Belden
Jeffrey A. Capeci
Mary Ann Jacob
Richard Woycik

Legislative Council Ordinance Committee
Minutes (Draft) and Motions for Meeting of August 18, 2010
Newtown Municipal Center, 3 Primrose Street, Newtown, CT


Committee Members  Present:      James Belden, George Ferguson, Mary Ann Jacob
        Jeff Capeci, Richard Woycik

The meeting was called to order at 6:34 p.m.

Public Participation
There were no members of the public present

Review and Approval of Minutes

Mr. Woycik moved to approved the minutes of July 21, 2010 as amended to correct the date .  Ms. Jacob seconded the motion.  

Rich Woycik, Ms. Jacob and Mr. Ferguson voted in the affirmative.  Mr. Capeci abstained as he was not in attendance on July 21, 2010.

Discussion and possible action the following Ordinances:

An Ordinance to Protect Children –  Ms. Jacob distributed a map identifying the proposed the locations in Town where the Ordinance would apply.  This map was prepared by the Newtown IT department at the request of Chief of Police Michael Kehoe. The locations include Newtown Schools and Parks.  The Committee explored the idea of whether the Ordinance should call out the properties by reference to a map, by identifying them by name in the Ordinance or by some broader description like all schools, all parks etc.

Mr. Belden arrived at 6:43 p.m.

Ms. Jacob indicated that she would meet with Chief Kehoe to seek some additional clarification about the proposed Ordinance.  There is some information suggesting that the Ordinance might be duplicative of existing State Statutes and that the Ordinances provisions are already fully enforceable under State Statute.


Fire Lane Ordinance – Mr. Capeci reported that the proposed Ordinance is being forwarded to Town Attorney Grogins for a legal review with the hope that same will be completed before we next meet.

Health Insurance Board or Trust Ordinance – Mr. Capeci spoke to the first draft of the Health Insurance Trust Ordinance that he drafted.  He indicated that the research Mr. Ferguson sought and received from the Connecticut Council of Municipalities served as a basis for many of the Ordinances provisions.  The Committee reviewed the Ordinance with some discussion around how the Ordinance will need to be tailored to the procedures for implementing this program.  We discussed the concepts of self funding of insurance and self insurance. It was agreed that the Board of Education and the Board of Selectman should each be involved in the selection of the members of the Commission to be created through this Ordinance.  The Board of Selectman will serve as the Trustees for fiduciary, contractual and administrative purposes as consistent with the Town Charter.  The Ordinance Committee agreed that the new Board or Commission providing guidance and oversight should consist of 7 members, 4 members recommended by the Board of Education and 3 members recommended by the Board of Selectman.  In the draft Ordinances Section 8-c the word losses is to be replaced with the word claims.  

We discussed the possibility incorporating a reference to the Town’s investment policy so that any funds held in the account for administering this program would be “subject to the provisions of the Town’s Investment Policy.”  It was agreed that Mr. Capeci would send the draft Ordinance to Bob Tait for his review and thereafter to the Board of Finance for a review of the operational and financial provisions of the draft.   

There was also discussion of flowcharting the Ordinance to make sure it is in sync with anticipated procedure.   Once we are clearer on the Ordinance we will seek the input of the other Boards and their outside experts.

Acquisition of Conservation Easements for Open Space though abatement of taxes – Mr. Ferguson distributed a flow chart of the proposed Ordinance that had been prepared in conjunction with the Ordinance but had not been forwarded to the Committee.  In addition he brought a copy of the enabling State Statute.  Mr. Ferguson said that he has spoken with Members of the Conservation Commission and Mr. Capeci about the Commission’s presenting to the Ordinance Committee and or Council and that they are scheduled to present on September 1, 2010 to the full Council.   

Discussion of the process for undertaking a Charter mandated bi-annual review of  Regulation 4, Chapter 90, Newtown Code Book, regarding Town of Newtown Purchasing and Bidding Procedures (Updates on actions)  Mr. Ferguson reminded the Committee that at the last Council meeting he had recommended that the full Legislative Council undertake and be involved in this process.  Mr. Ferguson had earlier agreed to discuss this further with Council Chair Capeci and it this was briefly discussed  and the Council Chair asked that it remain with the Ordinance Committee at this time.

No  recommendations of actions were made to be brought before the Newtown Legislative Council and or the public

There are presently four Ordinances in process.  

Discussion of Future Meeting Dates
The members agreed that the next meeting of the Ordinance Committee will take place on September 15, 2010 at 6:30 p.m.  as the Chair and another member are slated to attend the Administration Committee on September 1, 2010.

Public Participation
No members of the public were present.

New Business

There was not new business brought before the Committee at this time.

Conclusion

Richard Woycik moved to adjourn.  Jeff Capeci seconded.  Vote unanimous. Meeting adjourned at 7:27 pm.