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09-16-09 Motions
MOTIONS from the Regular Meeting of the Legislative Council held in the meeting room of the C. H. Booth Library, 25 Main Street, Newtown, Connecticut, on Wednesday, September 16, 2009. Chairman William Rodgers called the meeting to order at 7:30 pm.

PRESENT:  John Aurelia, Sr., Francis Pennarola, Joseph DiCandido, Joseph Hemingway, Patricia Llodra, Po Murray, Daniel Amaral, Jan Brookes, Gary Davis and Chairman William Rodgers
ABSENT:  Jeffery Capeci
ALSO PRESENT: First Selectman Joe Borst, Finance Director Bob Tait, Land Use Agency Director George Benson, 8 members of the public and 2 members of the press.

MOTIONS APPROVED:

APPROVAL OF THE MINUTES of September 2, 2009:
Mr. DiCandido moved to accept the minutes of the regular meeting, September 2, 2009, as corrected. Mrs. Brookes seconded and the motion was approved. Chairman Rodgers abstained not having been in attendance for the meeting.
CORRECTIONS-
Page 5, under Resolution, Mr. Aurelia indicated that he did not oppose the motion to approve the Resolution but rather abstained because he wasn’t satisfied with the answer he got in the heated debate. Mr. DiCandido indicated that he did not abstain from the motion to approve the resolution but indicated he was opposed to the resolution because he was concerned with the types of items being bonded. He was concerned with bonding that would not even come close to the life expectancy of the bond. Mr. Rodgers reminded council members that in the future the only grounds to abstain from a vote, is if there is a conflict of interest.

As a matter of clarification, Chairman Rodgers and Mr. DiCandido agreed that on Page 3, top of the page end of the first sentence, after $265,000 add “back to July 1, 2008.”  

Regarding the minutes to the August 5, 2009 meeting which have yet to be approved, Chairman Rodgers asked that the minutes be put on the agenda for the council’s next meeting October 7, 2009.


Discussion and possible action:  Zoning Enforcement Ordinance-
Mr. Pennarola moved to adopt the Land Use Citations Ordinance, Part 5, Chapter 560 of the Newtown Code, that was published in the newspaper with amendments. Mrs. Llodra seconded and the motion was unanimously approved after a brief discussion.

Mr. Pennarola asked that the motion be amended to include the following additional wording (in italics underlined) to section 560-3. Fines of the Land Use Citations Ordinance (Part 5, Chapter 560):  “The fine for each such citation shall be determined by written fee schedules established by the Land Use Agency, not to exceed $1,000 (one thousand dollars) per day for each Inland Wetland and Watercourses violation and not to exceed $150 (one hundred and fifty dollars) per day for Zoning, payable to the Town of Newtown.”






NEW BUSINESS:

Discussion and possible action: Transfers -
From account 01100-1002 Secretary, Assistant $9,420 and account 01490-1002, Administration $7,239 to account 01100-4063, Legal Services-Other $9,420 and account 01490-4061, Legal Services $7,239  – Mr. Pennarola moved to transfer from account 01100-1002 Secretary, Assistant $9,420 and account 01490-1002, Administration $7,239 to account 01100-4063, Legal Services-Other $9,420 and account 01490-4061, Legal Services $7,239. Mrs. Llodra seconded and the motion was unanimously carried.


From account 01320-4002 F/F Incentive Plan $7,864 to account 01320-2020 Utilities $2,573, account 01320-2028 Hydrants $4,244 and account 01330-4001 Physicals $,1047 –M r. Pennarola moved to transfer from account 01320-4002 F/F Incentive Plan $7,864 to account 01320-2020 Utilities $2,573, account 01320-2028 Hydrants $4,244 and account 01330-4001 Physicals $1,047. Mr. Hemingway seconded and the motion was unanimously approved.

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Mr. Davis moved to adjourn the meeting at 9 pm. Mr. Lundquist seconded and the motion was unanimously carried.




Ted Swigart, Clerk