Late Tuesday, April 21, Governor Ned Lamont issued his 30th Executive Order — number 7CC — building on his efforts to encourage mitigation strategies that slow down transmission of the coronavirus.

Among the nine points covered in this latest order is clarification that appears to affirm the Newtown Legislative Council has the legal right during this extreme health emergency, to authorize not only the approval of the 2020-21 Town and School District budget requests, but the four capital bonding authorizations that voters would have been asked to endorse or reject had the annual budget referendum occurred next Tuesday as required by local Charter.

The Council previously authorized those four capital requests for the referendum ballot. One represents the opening phase of a project that will require bond authorizations over more than one budget cycle, while another requires its bonding to all be secured at once, despite the fact that the related project will be phased over several years.

According to Town Finance Director Robert Tait, a capital project tackling a costly and complex upgrade to the municipality’s emergency communications system has already been vetted, and its maximum cost has been set. While the project’s bonding will be sought over two fiscal cycles, the full amount, $7,541,933, will be bonded in its entirety if the council approves it by majority vote.

That vote could occur as early as the council’s first regular meeting on May 6, when allowances will be made through telephonic or other electronic means for voters to comment on various budget points, if desired. First Selectman Dan Rosenthal told his Board of Selectmen earlier this week that if no substantive public opposition develops, the council may act on the budgets and capital authorizations that evening.

Otherwise, the council may entertain further deliberations and possible actions in time to ratify the budgets and bonding authorizations at its second May meeting on the 20th. That would still provide the necessary time to print and distribute tax bills.

It should be noted that on Wednesday, April 22, the council is expected to decide whether it will endorse a 90-day extension to the due date for the first round of property tax payments, or authorize the Tax Collector to waive or fix a discounted interest rate on late property tax payments due July 1.

Among the capital bonding authorizations the council will consider is a request for $300,000 for the design phase of a long-awaited HVAC renovation for Hawley School. Provided that the design phase bonding is approved, in 2020 voters will be asked to endorse the remaining capital expenditure to complete its construction phase.

The currently approved capital improvement plan (CIP) earmarked for that second phase of the Hawley HVAC project is $3,962,000.

The council also authorized putting a recurring bonding request for capital road improvements on the ballot for $750,000. Over the past few years, this road maintenance program has seen a gradual shift away from bonding as the town slowly began increasing the Public Works operating budget by $250,000 each year.

The final capital request the council will entertain will be in the amount of $1,829,963 for required Fairfield Hills utility infrastructure improvements. While the town must show that full project authorization, it has already qualified for a grant that will offset exactly half the authorized cost of the project — $914,981.

So while the council must approve the full amount, taxpayers will only be responsible for debt service on half the amount being requested in the ballot authorization.

While a prior Executive Order satisfied Newtown’s Town and Bond Counsel that moving budget and capital bonding approvals from a referendum to a majority vote of the legislative council, the first selectman said yesterday’s addendum out of Hartford provides for a number of additional considerations that are not currently before the local legislative body.

Additional Order Points

Beside the municipal fiscal addendum in Tuesday’s Order 7CC the latest action also enacts the fallowing:

Clarification of time periods regarding suspension and modification of non-judicial tax sales pursuant to Executive Order No. 7S, Section 11: Clarifies the calculation of time frames to redeem certain interests in property after a municipality has sold the property to recoup unpaid taxes. Executive Order No. 7S extended those time frames.

Exclusion of federal stimulus payments in evaluating eligibility for state or local programs financed in whole or in part using state funds: Modifies state statutes to provide that individual stimulus payments under the federal CARES Act will not be counted as income or resources when determining eligibility for state benefits or services.

Alternative to physical presence in court for finding of irretrievable breakdown of marriage: Modifies state statutes requiring the physical presence in court of a party to a dissolution or legal separation prior to a finding that a marriage has broken down irretrievably to permit the court to accept not-in-person testimony from such parties sufficient to make such finding. However, this does not apply in any case where a restraining order or a protective order between the parties is in effect or an application for such an order is pending before the court.

Alternative to in-person waiver of right to file motion or petition for educational support: Modifies state statutes requiring a parent to be present in court for the court to make findings sufficient to accept the parent’s waiver of the right or file a motion or petition for educational support to provide that such a waiver may be accepted upon submission of proof deemed sufficient by the court that the parent fully understands the consequences of such a waiver. However, this does not apply in any case where a restraining order or a protective order between the parties is in effect or an application for such an order is pending before the court.

Alternative to physical appearance of petitioner regarding decree of dissolution after entry of decree of legal separation: Modifies state statutes requiring the presence of the party seeking a decree dissolving a marriage at the time of the entry of such decree and permits the court to make such entry without requiring the presence of the party. However, in any case where a restraining order or a protective order between the parties is in effect or an application for such an order is pending before the court, the presence of the party shall be required.

Alternative to in-court canvas prior to entrance of final agreement: Modifies state statutes requiring the court to inquire into the financial resources and actual needs of the spouses and their respective fitness to have physical custody or rights of visitation with any minor child prior to entry of a final order of dissolution or approval of a final agreement and permits the court to satisfy the inquiry requirement. However, this does not apply in any case in which a restraining order or a protective order between the parties is in effect or an application for such an order is pending before the court.

Alternative to physical presence when findings on the record required: Whenever applicable law requires the court to make a specific finding on the record in a proceeding, that requirement is satisfied if the court’s written judgement, order, or memorandum of decision includes such finding except in any case where a restraining order or protective order between the parties is in effect or an application for such an order is pending before the court.

Revised financial protections for people covered by insurance who receive out-of-network health care services during the public health emergency: Repeals Sections 2(a) and 2(b) of Executive Order No. 7U.