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06-17-09
Minutes from the regular meeting of the Legislative Council held on Wednesday, June 17, 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: Gary Davis, Jan Brooks, Francis Pennarola, William Rodgers, Jeff Capeci, Po Murray, Daniel Amaral, Joseph Hemingway, Patricia Llodra, John Aurelia
Absent: Joseph DiCandido, John Torok
Also Present:  Finance Director Robert Tait, First Selectman Joseph Borst, six members of the public and one member of the press.
Public Participation – Lauren Frampton, Registrar, is upset with the in equity to the town employees.  When the budget was being proposed, it was proposed to the town employees that any non contractual employees would not be receiving an increase.  Last night the BOE gave none contractual employees 1.5% increases to already high paying position. There needs to be some kinds of equality.  When the New Town Hall is complete, we will all be on the building and this could affect moral.
Mr. Capeci moved to accept the minutes of the May 20, 2009 Meeting as presented, Ms. Llodra seconded.  Mr. Davis noted a typo in the second paragraph of Communications.  Ms. Murry should be Ms. Murray.  With that change, motion unanimously accepted.
COMMUNICATIONS – Mr. Torok has submitted his resignation from the council.  
Ms. Llodra reported that the Council has contributed $500 for the high school tech club and a letter was read thanking the Council from Janet Robinson.
A letter from the Chairman of the Commission on Aging has been received regarding changes in the Commission on Aging ordinance.  This letter has been referred to Mr. Pennarola
COMMETTEE REPORTS – Ms. Llodra reported that she has the final reconciliation of the BOE budget.  This is a report completed by her, not the BOE.  This report consists of general bullet points about the budget process.  
Mr. Amaral reported that they had a meeting with Maria DeMarco and Robert Geckle regarding FFH.  They gave them insight as to how much money they are spending.  Ms. DeMarco does not mark up invoices so the town is getting a good deal.  Ms. DeMarco will be handling the move to the New Town Hall.  The Fairfield Hills Authority oversees Ms. DeMarco.  Ms. Llodra questioned Mr. Geckle if the contract was going to be rebid since their contract had been in play for 5 years and it is his intent.  
FIRST SELECTMAN’S REPORT – The hearing committee which consists of Mr. Rosenthal and Mr. Mangefeco have decided to give Carolee Mason her job back with stipulation.  This is a modification of Mr. Borst’s decision and not part of a settlement.
They are talking with DEP to possibly locate the Dingle Brook Cell Tower in open space instead of a residential area.
Judge of Probate in the State of Connecticut will reduce from 117 courts to a max of 50.  Mr. Borst has been working with Margo Hall to have Newtown as one of the center courts with Brookfield and Bethel.  
Housatonic Railroad would like to increase the transit station in Hawleyville.  They have a petition in to DEP to allow them to increase to 2000 tons of demolition a day.  Mr. Benson, Director of Land Use, and Mr. Borst have looked at the facility and believe it is on wet lands.  Mr. Sibley was there yesterday and he believes that it is on the wetlands so the town may be able to issue a sees and desist.  
From CCM - there is a law that owners of foreclosed property are to register with the town.  The law goes into effect October 1, 2009.  
At the last BOS meeting, there was a second request from DOT to have sidewalk at Exist 11.  The town engineer has been requested to send a letter stating the town’s interest.
Tech Park – there is a $500,000 grant to develop the Tech Park.  The Tech Park is not ready for construction at this time.  Instead of losing this money, they went to the state and asked to have the balance of the money, $250,000, transferred to FFH, which was approved.
A friend of Paul Mangefico’s donated a drill press to the Highway Department.  This gentleman refurbished the entire thing.  A letter went to him thanking him for the donation.
UNFINISHED BUSINESS
Update on Guidelines-Traffic calming - Tabled
NEW BUSINESS
Presentation of the Sustainable Energy Commission as proposed by the Ad Hock Clean Energy Task Force.  Dan Holmes from the Clean Energy Task force presented.  Presentation attached.
Mr. Hemingway questioned what the procedure is should they wanted to good forward.  Mr. Rodgers replied that it would be turned over to the ordinance committee rather than a charter revision.  Mr. Borst stated that going from Ad Hoc status to a commission does strengthen their position to obtain grants as well as potentially more access to the town staff.  
Mr. Pennarola moved to adopt the resolution with respect to the authorization, issuance and sale of not exceeding $20,000,000 Town of Newtown General obligation refunding bonds which shall be effective until June 30, 2010, Ms. Llodra seconded. ~~~The money that will be saved will be going to debt services. ~Mr. Davis questioned that this is only to refund existing bonds and not additional bonding. ~Mr. Tait confirmed. ~Motion passed unanimously. ~

Mr. Pennarola moved to Transfer of $16,819.74 from account 01570 2000 Contingency to two separate account. ~$10,012.98 to account 01180 1005 Referendum and $6,806.76 to account 01180-1007 election workers. ~Mr. Capeci seconded, motion unanimously accepted.

Mr. Pennarola moved to transfer the sum of $450 from account 01570-2000 Contingency to N.W. Safety. ~Mr. Aurelia seconded, motion unanimously seconded.

Mr. Pennarola moved to transfer the sum of $25,000 from 01570-2000 Contingency to 01240-2001 Unemployment. ~~Mr. Davis seconded, motion unanimously accepted.

Discussion of CIP budget and other Legislative functions per Mr. Davis’s request. – Mr. Tait has improved the forms used by the different departments to submit the CIP.  It is easier to use and makes it uniform for the people filling it out.  It is Mr. Davis understanding that the BOE goes out years.    A proposed bond schedule can be done using 10 years.  
The Legislative Council is the fiscal authority for the town, however, doesn’t get involved until the back end of the process.  Why doesn’t the presentation start at the Council level and they determine the actual priority.  Mr. Davis suggested having presentations being made to both the Board of Finance and the Legislative Council.  This will allow the Council to determine the priority and give direction to the Board of Finance.  This is an additional step to for guidance.
Public Participation – None
Announcements – None
Mr. Capeci motioned to go into executive session for legal matters at 9:37 PM. ~Jan Brooks seconded. ~Motion unanimously seconded. ~Executive session ended at 9:55 PM.

Mr. Pennarola moved to authorize an appeal in the case of Dauti vs WSA with the WSA to pay for the appeal out of their own funds. ~Mr. Llodra seconded, motion unanimously accepted.

Mr. Pennarola moved to approve the appeal of Dauti case by Planning and Zoning. ~Ms. Llodra seconded, motion unanimously accepted.
Mr. Pennarola moved to appear and defend the Tollman Case mindful of limited roll needed for council

Having no further business, Ms. Brooks motioned adjourn meeting at 10:00 PM, Mr. Davis seconded and the motion was unanimously accepted.

Arlene Miles, Clerk Pro Tem