Minutes of the Regular Meeting of the Legislative Council
Held in the Board Room in the Newtown Municipal Center,
3 Primrose Street, Newtown, Connecticut
Wednesday, August 3, 2011
* These are draft minutes and as such are subject to correction by the Legislative Council at the next regular meeting. All corrections will be determined in minutes of the meeting which they were corrected.
Chairman Jeff Capeci called the meeting to order at 7:38 pm.
PRESENT: Jim Belden, Jan Andras, Gary Davis, Kevin Fitzgerald, Bob Merola, Kathy Fetchick, Mary Ann Jacob, and Chairman Jeff Capeci
ABSENT: Ben Spragg, Dan Amaral, George Ferguson and Rich Woycik
ALSO PRESENT: First Selectman Patricia Llodra, Finance Director Bob Tait, 3 members of the press and 2 members of the public.
VOTER PARTICIPATION: none
MINUTES: Regular Meeting of July 6, 2011 –
Ms. Jacob moved to accept the minutes from the regular meeting, July 6, 2011. Mr. Merola seconded and the motion unanimously carried.
COMMUNICATIONS:
Chairman Capeci noted that he had distributed several items with the agenda and asked that if anyone had any feedback on them to let him know.
The Chairman also read into the minutes the letter of resignation from Council member Rich Woycik and asked that it be attached to the minutes.
COMMITTEE REPORTS:
Ms. Fetchick reported that the Finance & Administration Committee had a quick meeting and elected Mr. Spragg as Chair and herself as Vice-Chair. She indicated that they had a discussion around the Debt Cap Policy and recommended that the development of the policy be referred to the Board of Finance. Ms. Fetchick added that they also had a discussion around how to reduce taxes in the town.
FIRST SELECTMAN’S REPORT:
Ms. Llodra told the Council she had a couple of items for them.
Water Provider for Green Ridge – The First Selectman reported that the hearings were now closed and that the Department of Public Utility Control (DPUC), now known as Public Utilities Regulatory Authority (PURA), had completed its review last Monday. She told the Council that it is anticipated that PURA will come to an understanding of what direction to take. Mrs. Llodra added that Newtown’s roll in the discussion is now done.
Sale of Portables – Mrs. Llodra indicated that the sales agreement for the portables the Town owned has been completed and they were sold to East Haven. She noted that they will be removed no later than October 1, 2011.
Animal Control Facility – The First Selectman announced that the Groundbreaking for the new Animal Control Facility will be held next Wednesday at 9 am at the facility’s location at the other end of Trades Lane.
Projects – High School - Mrs. Llodra reported that they have a punch list for the high school. She added that it has been a very laborious project. Middle School Roof – The First Selectman noted that the Roof Project was going very well and was about 40% done. She added that the weather has been very kind to them. Mrs. Llodra indicated she is concerned about the cost and will be coming back to the Council with updates about that. She said that they are pushing to have the project done by the opening of the school.
Bogg’s Hill Culvert - Mrs. Llodra told the Council that when the project starts they will have to close the intersection for about 30 days.. She added that they are still waiting for the culvert to come in. The First Selectman said they wanted to do it before school starts but indicated that was not going to happen. Hanover Road – The First Selectman reported that the project will start soon. She said that they will be reducing the profile of the road and she indicated it is scheduled to begin early next week. Sandy Hook Waterline Extension – Mrs. Llodra said the project is going well and indicated that they have started on River Road now. Fiber Optic Cable – The First Selectman reported that they will be laying the fiber optic cable between the
Maintenance house, Engineers house, and the Municipal Center. She noted that the Engineers house will be used as the staging house for the security of the campus and will later become the Police Substation.
Tour of Garner Correctional Facility - Mrs. Llodra announced that Garner will be holding its annual tour of the facility December 14, 2011 at 10 am. She added that the tour is open to members of the various boards of government in Newtown.
List of Questions – The First Selectman handed out copies of questions posed by Bill Furrier for the Town attorney that were reportedly triggered by the actions of the Council.
Finally Mrs. Llodra stated that she noticed on the agenda that they were intending on setting the First Selectman’s salary so she brought with her a copy of the history of the salary increases and the dates.
UNFINISHED BUSINESS:
Discussion and possible action on: A policy for reducing debt cap to 9%-
Ms. Fetchick moved to refer the policy for reducing the debt cap to 9% to the Board of Finance. Mr. Merola seconded and the motion was unanimously approved following a very brief discussion.
According to Ms. Fetchick, the Finance Administration Committee felt that the details of the policy should be developed by the Board of Finance and recommended to the Council
NEW BUSINESS:
Discussion and possible action on: A Resolution: RESOLVED: The resolution entitled “Resolution Providing for a Special Appropriation in the Amount of $238,000 for Culvert Replacement On Boggs Hill Road And Authorizing the Issuance of $238,000 Bonds Of the Town To Meet Said Appropriation And Pending the Issuance Thereof The making of Temporary Borrowings For Such Purpose”, a copy of which is attached hereto, is hereby adopted and recommended to the Legislative Council for consideration and action, said special appropriation was requested in a letter dated July 8, 2011 from Frederick W. Hurley, Jr., Public Works Director, a copy of which is attached hereto, in accordance with Chapter 6, Section 6-30 (a), (b), & (c) of the Town Charter –
Ms. Jacob made a motion to adopt the following resolution: RESOLVED: The resolution entitled “Resolution Providing for a Special Appropriation in the Amount of $238,000 for Culvert Replacement On Boggs Hill Road And Authorizing the Issuance of $238,000 Bonds Of the Town To Meet Said Appropriation And Pending the Issuance Thereof The making of Temporary Borrowings For Such Purpose”, a copy of which is attached hereto, is hereby adopted and recommended to the Legislative Council for consideration and action, said special appropriation was requested in a letter dated July 8, 2011 from Frederick W. Hurley, Jr., Public Works Director, a copy of which is attached hereto, in accordance with Chapter 6, Section 6-30 (a), (b), & (c) of the Town Charter. Ms. Fetchick
seconded.
According to Mrs. Llodra, the $238,000 was initially for bridge repair. She indicated that the amount was already built into what they expected to bond.
Mrs. Llodra explained that the Town was looking at every culvert of this design. She noted that this type of culvert was approximately 20 years old and subject to metal fatigue. The First Selectman stated that the new ones are made of concrete and not subject to this problem.
Mr. Belden added that the engineering standards have changed over time and indicated that the metal fatigues from the erosive force of the water going into an undersized culvert.
The resolution was unanimously approved in a roll call vote.
Discussion and possible action on: Set the First Selectman salary for 2012-2013 –
Ms. Jacob moved to keep the First Selectman’s salary unchanged. Ms. Fetchick seconded.
Ms. Jacob explained that per the Charter the Council sets the salary on every odd numbered year during the budget process and the salary would go into effect that December 1. She added that the Town Attorney stated that because this was over looked this budget process, the Council can’t adjust the salary now so that is why it will remain the same.
Chairman Capeci noted that the last time the First Selectman’s salary was acted upon was in 2007.
Council members agreed that the First Selectman’s salary was low and had possibly fallen out of line with other communities.
The First Selectman handed out a copy of the history of the salary increases to the Council. She suggested that if her salary had been increased she would likely not have accepted that increase, but suggested that now was a good time for the Council to start inquiring around. Mrs. Llodra suggested the Council take the time to think where the salary should be pitched with others in the community.
Ms. Jacob suggested they make a motion in the next meeting to have the Municipal Operations Committee look at it.
Chairman Capeci indicated that he thought they could do it that evening.
Mr. Davis suggested that they have the Finance & Administration Committee look at it, too; and the Chairman agreed indicated that they would actually be the ones to review it.
Chairman Capeci asked that the original motion and second be withdrawn.
Ms. Jacob withdrew her motion and Ms. Fetchick withdrew her second.
Subsequently, Ms. Jacob moved to ask the Finance & Administration Committee to review all administrative salaries including those in surrounding towns for the salary of the First Selectman and get back to the Council. Ms. Andras seconded and following a brief discussion the motion was unanimously approved.
Mr. Fitzgerald suggested that it wasn’t so much about what others were getting paid, it’s about what’s different about running the Town today.
Discussion and possible action on: Public Works Yearend re-appropriations of approximately $142,000 from various 2010-accounts to the same 2011-2012 accounts –
Mrs. Jacob moved to transfer $5,000 from account 01320-2020 Utilities, $2,000 from account 01320-2022 Radio & Pager Service, $3,000 from account 01320-3051 Truck Maintenance, and $10,000 from account 01320-4001 F/F Physicals TO account 01320-2035 Fire Fighter Supplies the amount of $12.000, account 01320-4002 F/F Incentive Plan the amount of $6,000, and account 01320-3050 Equipment Repairs the amount of $2,000. Ms. Andras seconded and the motion unanimously carried.
Ms. Jacob moved to re-appropriate the following request by Public Works: from account 01500-4061 Contractual Drainage (2010-2011) the amount of $23,350 be carried forward to account 090500-4061 Contractual Drainage (2011-2012) ; from account 01500-5081 Capital Road (2010-2011) the amount of $100,000 be carried forward to account 09500-5081 Capital Road (2011-2012); and from account 01650-4060 Building Contractual (2010-2011) the amount of $18,500 be carried forward to account 09650-4060 Building Contractual (2011-2012). Ms. Fetchick seconded and the motion was unanimously approved.
Mrs. Llodra noted that the Contractual Drainage was for Newbury Road, Capital Road was for Brushy Hill, and Building Contractual is for the fiber optic.
According to the Chairman, the monies in these re-appropriations, and the subsequent re-appropriations, were not expended and need to be expended this year.
Discussion and possible action on: Police Yearend re-appropriations of $7500 from 2010 Professional Services to the same 2011-2012 Professional Services account –
Ms. Jacob moved to re-appropriate the following request by the Police Department: from account 01310-2035 Professional Services (2010-2011) the amount of $7,500 to account 09310-2035 Professional Services (2011-2012). Mr. Belden seconded and the motion unanimously carried.
OTHER BUSINESS:
Ms. Fetchick expressed her concern regarding the the transportation bids the Board of Education is now going through and suggested that the Owner/Operators were not being treated fairly in the process. Ms. Fetchick suggested that the bidding process is not taking into account all the other – often free – services the owner/operator bus drivers provide to the community, in addition to being part of the emergency response team. She also indicated how important having the owner/operator bus drivers is to the residents. Ms. Fetchick suggested that the school administration never talks about the benefits of having the owner/operators - only about getting rid of them. She also stated that it really bothers her, what the school superintendent has said privately and in public, and
feels the administration isn’t being fair to the owner/operators.
To find a solution to the problem, Ms. Fetchick requested that the Council have a special meeting on the matter.
Mr. Fitzgerald stated that he shared Ms. Fetchick’s concerns and signed a petition himself. He asked his fellow Council members how they could put a value behind what they have now.
Ms. Jacob suggested that Mr. Fitzgerald’s point speaks to the fairness issue. She noted that when they have an incumbent that provides services they like in town they give them the opportunity to come back with new numbers. She questioned how they can provide a fair bidding process to all the owner/operators so they can come back with competitive numbers. Ms. Jacob said she would support Ms. Fetchick’s suggestion.
Mr. Davis stated that he personally doesn’t have a problem with bringing people in to talk about it. He noted that the critical issue is that most of the process is to reduce costs, but there is the concern to save the owner/operators so when the budget comes around they will have to find the money from somewhere else. Mr. Davis said he thinks the owner/operators are wonderful people, but suggests that if they Council made a determination, it puts the “squeeze” on the Board of Education. He suggested that if the Council can come up with something to help the Board of Education that would be better.
Mr. Merola questioned whether the Council would be putting the “squeeze” on the Board of Education. He suggested they bring to light the tangible things the owner/operators do for the Town; and suggests that just as they are going to do research on the salary for the First Selectman, they can do research on this.
Mr. Davis urged the Council to have everything in place by the August 20 when the Board of Education is having an open house.
Chairman Capeci suggested they have a meeting next Wednesday.
Mr. Davis suggested that they invite the individual members of the Board of Education to the meeting rather than as a Board.
VOTER PARTICIPATION:
Ed Shanley, 7 Little Brook Lane, suggested that they have something really great in the town to bring their kids to school. He added that if he has to pay higher taxes for that then he will.
ANNOUNCEMENTS: none
ADJOURNMENT: The meeting was adjourned at 9:13 pm.
Ted Swigart, Clerk
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