Minutes of the Hearing of the Legislative Council
Held in the Board Room in the Newtown Municipal Center,
3 Primrose Street, Newtown, Connecticut
Wednesday, January 26, 2011
* Minutes are not finalized until approved at the next regularly scheduled meeting.
Chairman Jeff Capeci opened the hearing at 7:01 pm.
PRESENT: George Ferguson, Ben Spragg, Dan Amaral, Gary Davis, Rich Woycik, Kevin Fitzgerald, Bob Merola, Kathy Fetchick, Mary Ann Jacob, and Chairman Jeff Capeci
ABSENT: Jan Andras and Jim Belden
ALSO PRESENT: First Selectman Patricia Llodra, Town Attorney David Grogins, and two members of the press.
Upon opening the hearing, Chairman Capeci read the following: Notice is hereby given that the Legislative Council of the Town of Newtown will hold a public hearing on Wednesday, January 19, 2011 at 7:00 P.M. in the Board Room in the Newtown Municipal Center, 3 Primrose Street, Newtown, Connecticut, to hear comments upon the draft report of the Charter Revision Commission. The amendments proposed by the Charter Revision Commission in its draft report are:
6-14 of the Town Charter entitled ANNUAL BUDGET REFERENDUM
“The proposed Town budget shall be submitted for adoption at the Annual Budget Referendum to be held on the fourth Tuesday of April between the hours of 6:00 A.M. and 8:00 P.M. Notice of the Annual Budget Referendum and the proposed budget, together with the mil rate estimated to be necessary to fund the proposed budget, shall be filed by the Legislative Council with the Town Clerk and published in a newspaper having a substantial circulation in the Town at least five (5) days prior to the Annual Budget Referendum”
The Chairman announced that the following section in the Charter was to be removed:
“At the Annual Budget Referendum, the proposed budget shall be approved as a whole by a majority of those voting who are lawfully entitled to vote or rejected as a whole by a majority of those voting who are lawfully entitled to vote. The question on the budget shall be as follows:
Shall the sum of $ ______________ be appropriated as the annual Town budget for the fiscal year?”
Chairman Capeci indicated that the section removed was to be replaced by:
“At the Annual Budget Referendum, the proposed budget shall be approved as a whole by a majority of those voting who are lawfully entitled to vote, or rejected as a whole by a majority of those voting who are lawfully entitled to vote, provided, however, if rejected, voters shall indicate whether the Budget is being rejected as “too low” or “too high”. The question and responses on the ballot shall be as follows:
Shall the sum of $ be appropriated as the annual Town Budget for the fiscal year?
- Yes
- No, Too High
- No, Too Low
Voters shall be required to vote one item only. For the purposes of determining whether or not the annual town budget has been rejected, all no votes (items b and c) shall be added together. Items b and c shall be advisory only and shall not be binding on the budget making authority.”
In addition, the Chairman read to following from Section 7-191(b) of the CT general statutes which he emailed out to the Council on Tuesday:
~“The commission shall submit its draft report, including the proposed charter, charter amendments or home rule ordinance amendments, to the clerk of the municipality, who shall transmit such report to the appointing authority. The appointing authority shall hold at least one public hearing on the draft report and shall hold its last hearing not later than forty-five days after the submission of the draft report to such clerk.
Not later than fifteen days after its last hearing, the appointing authority shall make recommendations to the commission for such changes in the draft report as it deems desirable.”
Chairman Capeci noted that the forty-five day window the Council has to hold a public hearing closes on January 29.~ He further indicated that the hearing was noticed in The Bee on January 16.~ According to the Chairman, there was no other way to notice and hold another public hearing within the forty-five day window without~the risk of another snow cancellation.~He added that it was for this reason that the public hearing had to be held; and told the Council that if not, the charter revision process stops and Council members would lose the opportunity to offer the citizens of Newtown a chance to change the way budget referenda are held.
The Chairman told Council members that they would not be acting on the Charter Revision that evening, but would do so at their regular meeting in February. He further explained that the public will have another chance to speak at that time.
Having no members of the public present to be heard, Chairman Capeci closed the hearing at 7:07 pm.
Ted Swigart, Clerk
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