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05-20-09
Minutes from the regular meeting of the Legislative Council held on Wednesday, May 20, 2009, in the meeting room of the C.H. Booth Library, 25 Main Street, Newtown.  Chairman Rodgers called the meeting to order at 7:30 p.m.
Present: John Torok, Gary Davis, Jan Brooks, Francis Pennarola, William Rodgers, Jeff Capeci, Po Murray, Daniel Amaral, Joseph Hemingway, Patricia Llodra
Absent: John Aurelia, Joseph DiCandido
Also Present:  Finance Director Robert Tait, five members of the public and one member of the press.
Public Participation - None
Mr. Capeci moved to accept the minutes of the May 6, 2009 meeting as presented.  Mr. Amaral seconded, motion unanimously accepted.
Communications – Mr. Rodgers and Mr. Pennarola received a memo from General Code who is the publisher of the town code book.  An update on the code book is moving forward.  
Ms. Murry took a call from a resident who is concerned about the Railroad Transfer station in Hawleyville.  They were inquiring if it would be on a future Legislative Council agenda.  Mr. Rodgers is not aware of any town property or town rights existing other than normal zoning regulations.  This area may be pre-empted.  Mr. Pennarola said that Mr. Benson met with DEP today discussing this and that Inland wetland may have some jurisdiction.    
Committee Reports
Ordinance –Mr. Pennarola reported that the Ordinance committee met with Pat Barczak to discuss the proposed amendment to the Parks and Recreation ordinance. Land Use Agency Director George Benson brought forward a suggested ordinance to allow them to issue citations for zoning and wetlands ordinance in addition to the ability to take them to court.  The GIS amendment to the road ordinance has been approved by the committee.  The suggestion is to have them all for a public hearing at the same time.  
Communications– Ms. Llodra reported that a donation would be made from the Legislative Council to the high school tech club of $500 with the intended purpose of that money to be used for the purchase of new equipment.  This donation is a thank you for their service they provided during the budget.  They are in the processes of vetting out the technology list and design for the council chambers.  Bidding documents will be development for a formal response to get a better handle on cost.  

Maintenance – Mr. Amaral reported that the committee met with Director of Public Works, Fred Hurley.  He feels there is not a duplication of services but feels that Public Works is spending a lot of time at FFH.  There is another meeting with Mario Demarco from FFH to see what she has to say.  Ms. Llodra asked Mr. Hurley what direction he sees the department going.  His response was information technology.  This will allow the ability to track information such as people and material and get a better handle on workflow.  Mr. Rodgers questioned if there was willingness between departments to purchase joint activities.  Ms. Brooks replied to Mr. Rodgers that there has been preliminary investigation into joint purchases with minimal success.  Park & Rec and the Highway Departments are looking into tracking hardware that track purchases and track their work in more effective way.   Mr. Torok said that they are careful not to duplicate their equipment. They work together and exchange equipment as needed.  Mr. Tait articulated that when the move is made to the new building, there will be a requisition program that will produce one purchase order.  If one person puts in a requisition for 3 boxes of paper and another person puts one in for 2 boxes, one purchase order will be produced for the 2 requests.  Ms. Llodra said that in one of the agencies discussions it was suggested that the town move forward to a purchasing agent.  The time for each of the departments to research the best opportunities and cost are limited by time and personnel.
First selectman’s report – None
UNFINISHED BUSINESS
Letter to state re unfunded mandate – Mr. Davis has been working on a letter to the state about unfunded mandates.  The council made changes and asked that once Mr. Davis makes the changes, e-mail the document to Mr. Rodgers who will then sign it and send it out.  
NEW BUSINESS
Update on guidelines-traffic calming – Tabled
Set the mill rate – The resulting mill rate based on 2009/2010 budget is 23.43.  Mr. Tait reminds that the state budget has not been completed.  The revenue from the state depends on the state budget which offsets the ESC grant.    
Mr. Pennarola motioned to establish the 2009/2010 budget 23.43 mill rate and to authorize the Finance Director to make any minor adjustments.  Ms. Murray seconded, motion unanimously seconded.
Public Participation
Ann Marie Mitchel, 17 Butterfield Road, would like to encourage the Legislative Council to get informed.  She has and application for permit from the Housatonic Railroad to DEP.  The concern is the traffic, the neighborhood, and that the center district will never be developed as well as concern for the fire department which shares a driveway. George Benson and the selectman are on this.  

Cathy Winkler, 149 Currituck Road, concern is encroachment of the wetlands.  The railroad track is moving 20 to 30 feet in to the wetlands.  They are proposing to increase volume and operate 24/7 as well as constructing a building much larger than the lumber yard.  Mr. Rodger informed her that there is a noise ordinance that has been sent to DEP.  Getting the comments back from them and putting it in place which would help.  Jan Brooks asked if it is her feeling that the Housatonic railroad has already started to fill the wet lands and she replied that is was.  
Announcements – none
Having no further business meeting was adjourned at 8:21pm
Arlene Miles, Clerk