Minutes of the Special Meeting of the Legislative Council
Held in the Newtown Middle School Auditorium,
11 Queen Street, Newtown, Connecticut
Wednesday, February 9, 2011
* Minutes are not finalized until approved at the next regularly scheduled meeting.
Chairman Jeff Capeci called the meeting to order at 7:33 pm.
PRESENT: George Ferguson, Ben Spragg, Jan Andras, Dan Amaral, Gary Davis, Jim Belden, Rich Woycik, Kevin Fitzgerald, Bob Merola, Kathy Fetchick, Mary Ann Jacob, and Chairman Jeff Capeci
ABSENT: none
ALSO PRESENT: First Selectman Patricia Llodra, 2 members of the press, Charter Revision Commission members Joe Golden, Carey Schierloh and Eric Paradis and 8 members of the public
VOTER PARTICIPATION:
Lereine Frampton, 6 Pebble Road, supported the charter revision for the question on ballot and made two points. First, she noted that the last time the town had an issue because there were so many changes and they wanted an explanatory text that they could not have because an explanatory text has to be available to every voter. Mrs. Frampton noted that if they have an explanation it must be available with any absentee ballots. Second, she noted after failed referenda there isn’t enough time for the Town Clerk’s office to mail absentee ballots. She added that since there seems there will be more than 3 weeks before the referendum it will allow for mail-in-absentee ballots. This will help increase voter turnout.
Chairman Capeci asked Town Clerk Debbie Aurelia when they would mail out absentee ballots and when she would need information. Miss Aurelia noted that she could look into it when she knows the date. The Chairman indicated that they planned on setting the date that evening.
UNFINISHED BUSINESS:
Discussion and possible action on: Charter Revision Commission Draft Report -
Mrs. Jacob made a motion to endorse the Charter changes proposed by the Charter Revision Commission in their draft report received by the office of the Town Clerk of the Town of Newtown December 15, 2010. Mr. Spragg seconded
Mrs. Jacob commended members of the Charter Revision Commission (CRC) for doing a thorough and complete job investigating the three questions the Council gave them to review. She added that if the Council makes a decision that evening to move it forward and if it goes to referendum in April, voters can give Council members what they need to make a decision.
Mr. Fitzgerald stated that he does not support the motion. He indicated that he appreciates the work done by CRC but thinks it misses the mark. He believes the need for the commission came up because of the issue of Education versus Town funding and that it doesn’t allow for anyone looking for funding either way.
Ms. Fetchick asked if the CRC could speak to the issue of bifurcation and what they found in their investigation with other Towns.
CRC member Joe Golden explained that the Towns he spoke to - off the record - gave all kinds of reasons why Mr. Golden noted that New Milford does bifurcate and reportedly there is typically a lack of trust regarding the integrity of the school budget; so if the budget is bifurcated, and the education side is turned down, than no action can be taken on the town side. Mr. Golden added that there are other problems with bifurcation. An example, he noted would be that in Newtown the plowing of school parking lots is on performed by the town If the budget is bifurcated, collaboration like this would be discouraged. Mr. Golden explained that bifurcated budgets passed easily in high per capita income towns like Simsbury. He noted that they actually have three distinct parts – the Town
side, Education side and Capitol Improvement (i.e. sewer and water).
CRC member Carrie Schierloh noted that in Watertown the town side of the budget passed and school side didn’t. She added that the budget went to referendum four times before it passed and the town was in danger of losing state funds if the education budget was cut any further. She didn't want to put Newtown in that type of situation..
CRC member Eric Paradis said he talked to school officials who asked, do you want to tie the hands of the legislative body by bifurcating the budget? He voiced two options regarding bifurcation – one, you ignore the role of the voters who passed one side of the budget and you go in and change that side, and he doesn’t like that; and two, if you don’t change the budget, the only other option is you cut services and tie the hands of legislators.
Mr. Davis told the Council that he appreciates the work of the CRC, but hoped that they would have looked at the issue of bifurcation and allowed the community to take a vote on that. He added that he accepts the wisdom of the CRC not to go that way and hopes that it compels the Town and Education to work together. Furthermore, Mr. Davis complemented the First Selectman on the job she has done in that area. He noted that the area he does disagree with is the proposed advisory questions themselves and recommended they provide more detail. He said he sees CRC’s recommendation as too simplistic and suggested that they need more definition if they approve it. As a solution, he indicated he wished to offer an amendment to the motion.
Before Mr. Davis could make a motion, Chairman Capeci reminded Mr. Davis and the Council that the Town Attorney had noted that such advisory questions such as those he suggests are not allowed without a bifurcated budget.
Mrs. Frampton agreed indicating that she had spoken to the head attorney, Ted Bromley, in the Secretary of State’s office and without bifurcation advisory questions must pertain to the whole budget.
Mr. Davis recalled it being done in the 80’s and Mrs. Frampton noted that it was done illegally.
Mr. Merola noted that when the question was asked whether voter participation was increased if bifurcation was used the answer was no. He added that if bifurcation increased voter participation by 10 percent than it should be used. Mr. Merola said he was in favor of the motion.
Mr. Ferguson reiterated that the Council had gone through months of deliberations for the last budget season. He noted that he browsed the minutes of the Legislative Council meetings held during the entire season and the word “bifurcation” was not mentioned while the both members and the public who spoke mentioned the term “advisory questions” a multitude of times. Charter Revision was brought forth by the Legislative Council. Mr. Ferguson thanked the Council for bringing it up and the CRC for researching it. He added that it was in CRC’s opinion that bifurcation would not be beneficial to the Town.
Mr. Fitzgerald said that he believed the constituents he heard from did not know the word “bifurcate” and when they mentioned “advisory questions” in their spoken or emailed testimony, he believes they meant bifurcation.
Mrs. Jacob told the Council that at first she thought bifurcation was the answer, but not now. CRC’s study shows education suffers when a budget is bifurcated. She added that she was not comfortable putting education in that position.
Ms. Fetchick echoed the comments of Mrs. Jacob and Mr. Ferguson and commended the research the CRC did. She noted that having been on the Board of Education the big debate was what “No” meant. Was the budget too high or was it too low.
Mr. Belden echoed what was said and thanked the CRC. He indicated that he came in not knowing how to vote. Mr. Belden noted that he thinks Mrs. Llodra has done a good job bringing the Town and Education together. Mr. Belden said he echoes what Mr. Davis said as to whether this question goes far enough. He explained that one issue he had was knowing the meaning ”No”, indicating that a lot of No votes were cast because there was a tax increase period.
Mrs. Llodra told the Council that she shared the CRC’s thoughts on bifurcation. She noted that she truly believes Newtown has core values they all share – education and the Town. The First Selectman stated that she doesn’t support anything that divides the community and added that she thinks a bifurcated budget forces a division.
Mr. Spragg reminded the Council that the motion doesn’t include bifurcation.
Chairman Capeci added that if the Council wants bifurcation it could send a recommendation back to the CRC advising it to reconsider it.
Mr. Spragg told the Council he doesn’t support bifurcation because it’s divisive to the Town and added that he supports the motion. He noted that this is a good change to the charter.
Mr. Merola stated that you can look at the budgets for last year and know what “No” meant. He noted that if one look at last year’s budget the Town’s was flat and the Board of Education’s was up. He added that the Council needs to take a holistic view.
Chairman Capeci passed the gavel and commended and thanked the CRC for its time and devotion. He told the Council that this change will provide some insight and with it the Council will be able to make a failed referendum more passable after the first try.
Mr. Woycik told fellow Council members that based on some of the concerns voiced by Mrs. Frampton and others he cautions them to be aware of unintended consequences.
Mr. Fitzgerald suggested that if the charter is to be changed, it should be done once the right way. He indicated that the worst case scenario discussed was the inability to take funding from one side to another. The council has that ability today and certainly can do that in a bifurcated environment. He noted that bifurcation would tell the Council exactly how to act and it makes very clear what the voters want. Mr. Fitzgerald added that it is for that reason he can’t support the motion.
Mrs. Jacob corrected Mr. Fitzgerald telling him that if one side of the budget fails you increase that budget at the expense of the other if it’s bifurcated - your only choice is to raise taxes. She added that with the current recommendation you can still take from one side to give to the other. As a final point, Ms. Jacob noted that the education voters are the voters who pass the budget, and she added the Council’s goal is to pass the budget.
Mr. Davis asked if the motion says the council “accepts” the report rather than “endorses” it would it still allow the Council to move the changes to referendum.
Chairman Capeci indicated that he didn’t think changing the adjective would be a problem, and he asked Mrs. Jacob if she accepted the friendly amendment to her original motion. Mrs. Jacob accepted.
The final motion with Mr. Davis’ a friendly amendment read as follows: Mrs. Jacob moved to accept the Charter changes proposed by the Charter Revision Commission in their draft report received by the office of the Town Clerk of the Town of Newtown December 15, 2010. Mr. Spragg seconded.
The motion was approved 11-1 in a roll call vote. Mr. Fitzgerald voted against the motion.
Mrs. Jacob moved that the charter changes approved by the Legislative Council in the previous motion be presented to the electorate in a referendum to be held Tuesday, March 29, 2011. Should charter changes be endorsed at said referendum, and per state statutes, charter changes will be effective Tuesday, April 5, 2011 at 12:01 am. Mrs. Fetchick seconded and the motion was unanimously approved in a roll call vote.
NEW BUSINESS:
Discussion and possible action on:
FROM |
To |
Amount |
Reason |
01570-2000 CONTINGENCY FUND |
Various salary/benefit accounts |
$23,408 |
Town Hall Employee contractual 1.5% wage increase and increased Life insurance Benefit. |
Mr. Spragg moved to approve the transfer of $23,408 from account 01570-2000, Contingency Fund, to various salary/ benefit accounts. Mrs. Jacob seconded the motion.
Mr. Spragg noted that the reason for the transfer was for Town Hall employee contractual 1.5% wage increase and increased Life Insurance Benefit.
The First Selectman told the Council that the new health plan was just two ticks below the old health plan. She noted that it would save the Town 5% so the premium would cost 5% less. Mrs. Llodra added that the office visit went from $15 to $30 and the maximum prescriptions went from $1,000 to $2,000.
The motion was approved unanimously in a roll call vote.
VOTER PARTICIPATION:
Mrs. Frampton asked if the Council meant to set hours of the referendum in their original motion.
Mr. Fergusson moved to set the time of the referendum from 6 am to 8 pm. Mr. Belden seconded. The motion was unanimously approved.
ADJOURNMENT:
Mr. Spragg moved to adjourn at 8:45 pm. Mr. Davis seconded and the motion was unanimously carried.
Ted Swigart, Clerk
Motions from the Special Meeting of the Legislative Council
Held in the Newtown Middle School Auditorium,
11 Queen Street, Newtown, Connecticut
Wednesday, February 9, 2011
* Minutes are not finalized until approved at the next regularly scheduled meeting.
Chairman Jeffrey Capeci called the meeting to order at 7:33 pm.
PRESENT: George Ferguson, Ben Spragg, Jan Andras, Dan Amaral, Gary Davis, Jim Belden, Rich Woycik, Kevin Fitzgerald, Bob Merola, Kathy Fetchick, Mary Ann Jacob, and Chairman Jeff Capeci
ABSENT: none
ALSO PRESENT: First Selectman Patricia Llodra, 2 members of the press, and 11 members of the public
UNFINISHED BUSINESS:
Ms. Jacob made a motion to accept the Charter changes proposed by the Charter Revision Commission in their draft report received by the office of the Town Clerk of the Town of Newtown December 15, 2010. Mr. Spragg seconded and the motion was approved 11-1 in a roll call vote. Mr. Fitzgerald voted against the motion.
Ms. Jacob moved that the Charter changes approved by the Legislative Council in the previous motion be presented to the electorate in a referendum to be held Tuesday, March 29, 2011. Should Charter changes be endorsed at said referendum, and per state statutes, Charter changes will be effective Tuesday, April 5, 2011 at 12:01 am. Mrs. Fetchick seconded and the motion was unanimously approved in a roll call vote.
NEW BUSINESS:
Discussion and possible action on: Transfers
Mr. Spragg made the motion to approve the transfer of $23,408 from account 01570-2000, Contingency Fund, to various salary/ benefit accounts. Ms. Jacob seconded the motion.
The motion was approved unanimously in a roll call vote.
Mr. Ferguson moved the motion to set the time of the referendum from 6 am to 8 pm. Mr. Belden seconded. The motion was unanimously approved.
ADJOURNMENT:
Mr. Spragg moved to adjourn at 8:45 pm. Mr. Davis seconded and the motion was unanimously carried.
Ted Swigart, Clerk
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