Friday, November 20, 2009

BOARD OF FINANCE
NOVEMBER 10, 2009
Page 1 of 2

Attendance: Chairman Janet Brunwin, Robert Brinton Jr. , Steven Squinto, Sally Huyser, John Grabowski, Chip Spear, First Selectwoman Derrylyn Gorski
Visitors: Randy Raddatz, Richard Van Horn
Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the previous meeting. Motion seconded by Squinto. Chairman Brunwin amended the minutes regarding the Amity surplus as follows: It is estimated that after the audit is complete there will be a surplus of $52,000 for fiscal year 2008-09 returned to Bethany. The Finance Review Committee has met and developed a Management Letter at their first meeting to address the auditor’s letter. The vote was called. The vote was unanimous for acceptance as amended.

PINE BROOK CROSSING APPROPRIATION AT SPECIAL TOWN MEETING
Randy Raddatz and Richard Van Horn were present to discuss the issue raised at the recent special Town Meeting by them, regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry had explained to the Selectmen at their last meet that under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair. First Selectwoman Gorski will further discuss this with Attorney McSherry.

CHAIRMAN’S REPORT
Chairman Brunwin reports that she attended the Amity Financial Meeting. The October 1, 2009 enrollment number will be used to set each town’s percentages of budget for fiscal year 2010-11. Bethany’s percentage will be down from 21.259% to 21.117%. It is estimated at this time that Amity’s total budget will increase by 4.8%.

Amity has received $100,000 in an insurance settlement for the embezzlement case.

Amity Superintendent, John Brady has signed a three year contract. There will be no increase the first year of the contract, a 5% increase in salary the second year of the contract, and a 6% increase the third year.

The auditors have indicated that money will need to be moved from under-expended line items to over-expended line item when the books are closed. They are recommending better fiscal control. Reporting of Capital Expenditure accounts and their expenditures should be reviewed more frequently.

Chairman Brunwin is looking into cost of bonding for major road repairs. To estimate cost of bonding she will consult with Bill Lindsley of IBIC.

FIRST SELECTWOMAN DERRYLYN GORSKI
First Selectwoman Gorski reported that the Facilities Committee has had a meeting and they are co-ordinating a future Capital Expenditures list for all Town buildings. They are seeking quotes for the replacement of windows for Town Hall, to be paid for with the $41,117 Energy Conservation Grant.

The tentative plan is to hold a Special Town December 7, 2009 to present the Airport Hanger project to the Town for discussion.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Huyser and seconded by Spear. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
MONDAY, NOVEMBER 23, 2009
7:30 P.M.
CONFERENCE ROOM, BETHANY TOWN HALL


AGENDA

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. APPROVAL OF MINUTES

A. NOVEMBER 9, 2009
B. NOVEMBER 12, 2009

4. OLD BUSINESS

A. WINDOWS FOR TOWN HALL
B. UPDATE ON PAVILION


5. NEW BUSINESS
A. RESOLUTION FOR PENSION PLAN
B. TAX COLLECTOR CONTRACT – CORRECT MUNICIPAL TAX RECOVERY LLC
C. SET DATE FOR TOWN MEETING

6. CORRESPONDENCE

7. ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING

8. ADJOURNMENT
BOARD OF SELECTMEN
NOVEMBER 9, 2009
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist

Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry

First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.

MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.

VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.

AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.

EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.


OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.

ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
BOARD OF SELECTMEN
SPECIAL MEETING
NOVEMBER 12, 2009
Page 1 of 1

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Dawn Brinton, Jeff Haney, Vincent Sinopoli, Attorney Kevin McSherry
First Selectwoman Gorski called the special meeting to order at 3:05 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

REVIEW AND NEGOTIATION OF PAVILLION PLAN REVISIONS
Discussion was opened regarding options and alternatives to the bid submitted, for the Veteran’s Memorial Park Pavilion, by Sinopoli Construction. The first option of change could be to substitute pressure treated wood instead of steel for the railings. This would lower cost by $9,000. Eliminating bathroom and electrical fixtures at this time would reduce expenditures. Rough plumbing would be completed. However not completed with fixtures. Reducing the number of bathrooms would also be a cost savings. Painting of the bathrooms and block fill could be completed at a later date. The subject of a 100 amp service or a 200 amp service was also discussed. The inside doors could be eliminated until finish work is completed. Construction sequence and costs could be arranged as project is started according to weather.

EXECUTIVE SESSION TO DISCUSS PAVILION CONTRACT AND POTENTIAL REVISIONS TO THE BID PROPOSAL
At 4:10 p.m. Selectman Shea moved to go into executive session to discuss Pavilion Contract and Potential Revisions to the Bid Proposal. Selectman Thornquist seconded the motion. At 4:30 p.m. Selectman Thornquist moved to exit the executive session. Selectman Shea seconded the motion. The vote was called. The motion received a unanimous vote.

No vote eminated from this session.

ADJOURNMENT
The meeting was adjourned at4:31 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Administrative Assistant
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, NOVEMBER 4, 2009 Page 1 of 5

The regular meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:37 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member, seated as a voting member as needed.

The following Commission members were absent or excused:
Donald Shea Jr., Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant


It was moved by Shurtleff and seconded by Spear to move to the items of New Business.
Unanimous approval.


NEW BUSINESS

1. 5 Amity Road – Country Companions Veterinary Services, Application #2009-029 submitted by Bill Ciola/Kimberly McClure Brinton for a Change of Use to conduct behavior classes/counseling and large animal work area - The Commission formally received the application. Present to speak on behalf of the application was Bill Ciola, owner of record and Kimberly McClure Brinton, applicant.

Mrs. Brinton reviewed the proposed project noting:
· She will be conducting behavior classes inside for small and large animals in the north end of the building.

In discussion, Commission members noted:
· The applicant received signoffs from QVHD and Fire Marshal.
· Any replacement of lamp posts with larger ones, the Commission would like full cut off lighting.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.


It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-029 for property located at 5 Amity Road:

Whereas, William Ciola applied on November 4, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;

Whereas, the Commission, at its regular meeting of November 4, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:
1) Paul Fernald of the Quinnipiack Valley Health District, signed off on the back of the application form on October 26, 2009, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on October 29, 2009, indicating his approval.
3) Ronald Walters of the Regional Water Authority submitted an email dated November 3, 2009, stating that he has no comments on this application.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road (Application #2009-029), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) If any exterior light fixtures are replaced, they shall be full cut off lighting.
Unanimous approval.

OLD BUSINESS

1. 26 and 46 Mesa Drive, Application #2009-026 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Permit for Two (2) Rear Lots – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site


visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission
scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.

2. 26 and 46 Mesa Drive, Application #2009-027 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Thirteen Lot Subdivision – Woodward Estates – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.

3. 26 and 46 Mesa Drive, Application #2009-028 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Spear to approve, as submitted, the minutes of the October 7, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Rabinowitz,
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from SCC Regional Water Authority to Isabel Kearns, ZEO, dated November 3, 2009, Re: Review of Application #2009-009, 5 Amity Road, change of use.


2. Letter from Quinnipiack Valley Health District, dated January 29, 2008, Re: Review of plans for Woodward Estates, Mesa Drive, Creation of a thirteen lot subdivision.
3. Memo from Hiram Peck, Planning Consultant, revised to October 31, 2009, Review of Woodward Estates, Mesa Drive, 13-lot subdivision.
4. Email from Eugene Livshits, SCRCOG, dated October 20, 2009, Re: Town of Hamden proposed amendments to their Zoning Regulations and Zoning Map. Chairman Huxley stated the Town of Hamden is using the Village District Regulations to identify and preserve all of their smaller villages in the Town of Hamden and to maintain their character.


PUBLICATION AND WORKSHOPS

1. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
2. Connecticut Technology Transfer, Fall 2009.


BILLS

1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for October 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


OTHER BUSINESS

Hiram Peck, Planning Consultant, reported on the outcome of attending the public hearing at the Beacon Falls Town Hall pertaining to Chatfield Farms. Mr. Peck stated that he spoke to the Beacon Falls Planning and Zoning Commission about not being noticed for the Chatfield Farms public hearing and that the Town of Bethany would like to be notified in the future as required.


ZONING ENFORCEMENT OFFICER’S REPORT

There was no report from ZEO.


OLD BUSINESS (continued)

4. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.





5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Hiram Peck, Planning Consultant, submitted a draft regulation dated October 30, 2009, and discussed with Commission. Mr. Peck asked Commission members to review and decide if the Commission would like to go further. Chairman Huxley asked the Clerk to send the draft regulation to the Conservation Commission and ask them to participate in the review. Chairman Huxley asked Karen Walton, Assistant ZEO, to research if there are any building codes provisions that would cover solar wind energy systems. Tabled.

6. Town Plan Revision – Discussion and possible action – A revised draft of the Town Plan was distributed to all Commission Members. Commission members discussed and suggestions were submitted by Commission Members and Staff. Hiram Peck, Planning Consultant will add in pictures and maps to the draft Town Plan. Melissa Spear, will revise town plan with comments received and resend to Commission. Tabled.

7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.

8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – A Town Meeting was held on November 3, 2009, and the ordinance passed.

10. Update on Halter Estates – Tabled.



It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
NOVEMBER 9, 2009
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist

Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry

First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.

MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.

VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.

AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.

EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.


OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.

ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen

Tuesday, November 10, 2009

SPECIAL TOWN MEETING
Pinebrook Crossing - Repairs
Carmel Road - Emergency repairs
Peddling & Soliciting – Increase in fees
Land Use Violations – Fines & Hearing Procedure

November 3, 2009


First Selectwoman Gorski called the Special Town Meeting to order at 7:05
p.m. There were approximately 160 in attendance. The meeting began with everyone standing for the Pledge of Allegiance.

The First Selectwoman called for nominations from the floor for a moderator. There was a motion by Steven Thornquist, duly seconded to nominate Bill Blake. There were no further nominations.

Moderator Blake read the legal notice for the meeting.

Item (1) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $45,000.00 for additional costs to be incurred for the repair of the bridge located on Pinebrook Crossing.

Moderator Blake called on Highway Foreman, Alan Green to speak about the repairs that have been made to the bridge.

Alan Green, Highway Forman stated that there were unforeseen issues with replacing the bridge at Pine Brook Crossing. It was necessary to divert water after heavy rains and guard rails were installed.

Richard Van Horn – 86 Crestwood Road - Have you already spent the additional $45,000? Yes. Any expenditure over $20,000 has to come to the town for approval first before it is spent.

Town Counsel Kevin McSherry - If the money spent is within the appropriated budget it is allowed to be spent.

Russell von Beren – 134 Wooding Hill Rd - What was the original estimate for the bridge repair? $170,000.

Randall Raddatz - 22 Bethridge Rd – I believe on December 27, 2007 there was a special town meeting to approve in advance $150,000. The meeting was held then in order to get 2007 pricing. We approved in advance as statute requires. The resolution should state – to approve additional costs that have been incurred instead of to be incurred.

Van Horn – Obviously we have overspent the budget without prior approval.

A motion to move the resolution to a vote was moved and duly seconded. Overwhelming yeas.

Item (2) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $30,000.00 for emergency repairs to Carmel Road.

von Beren – What repairs?

Highway Foreman Green – We will be replacing a head wall. The rain in recent years has washed out the wall.

Richard Photos – 45 Carmel Rd - Will the drain pipes on my side be repaired, as well? It is like an ice skating rink. Yes.

Bernice Mozealous – 44 Carmel Rd - Are you fixing the curb? The water drains and the curbing would help this problem.

Highway Foreman Green – Possibly, yes.

There were no further questions. A motion to move the resolution to a vote was made and duly seconded. Overwhelming yeas.

Item (3) on the call: To amend Chapter 157, Peddling and Soliciting to Increase the Fees charge for registration from $2.00 per year to $50.00 per month for Non-Residents and $25.00 per month for residents, (veterans, school age children, local civic organizations and persons or their campaigns running for elected offices are exempt).

Steven Press, Jr. - 280 Downs Rd – would like to propose an amendment to the resolution to remove the exemption for politicians so that they will also pay the fee. It will serve as a reminder of the burden of their fellow tax payers.

Town Counsel stated that it may not be legal to charge candidates who campaign.

S. Press, Jr. - Candidates and politicians should pay the fees as well. Counsel has said there may be a legal issue.

There was a motion made and duly seconded to amend the resolution.

Derrylyn Gorski, First Selectwoman – I believe state statute exempts from charging local candidates running for office. A vendor is a for profit entity.

Betsey Thornqist – 25 Oak Ridge Dr – If the resolution turns out to be illegal, will it invalidate the entire resolution?

Atty McSherry – It will invalidate that portion. It would be seriously challenged by the First Amendment rights and American Civil Liberties Union across the country. We have a right to go politicing and I do not believe the amendment to the resolution would be legal.

Art Slicer – 70 Lacey Rd – The candidates from out of state or national we would be justified in charging but not our local candidates.

Larry Corrone 35 Russell Rd – Politicians should be reminded of how bad taxes are.

Jim Foley – 41 Pleasant Dr – Politicians are giving to the town and should not be charged for campaigning. That’s the right to free speech. It would be silly for the town to get in the middle of it.

S. Press, Jr. – If it can’t pass with the amendment then delete the entire resolution.

Moderator Blake asked for a motion to remove the exemption for persons and/or their campaigns running for political office. The voice vote taken was - overwhelming nays.

Thomas DeFillippo – 739 Carrington Rd – made a motion for a hand vote, duly seconded by L. Corrone. In favor of amending the resolution – 36; Against – 64. The original resolution stands.

First Selectwoman Gorski – The Town Clerk approached the Board of Selectmen asking about raising the fees for vendors. There has been an increase in the last few years in persons inquiring about obtaining a vendors/peddling & soliciting permit. The fee has been $2.00 since 1971. Prospect’s vending ordinance is $5.00 per day for resident and $50 per day for nonresident. The fees in surrounding towns range from $10 a month to $450 a year. The fee is higher for non residents because residents are already taxpayers in the town. A non-resident has equipment and vehicles that are taxed in another town. The job of the Board of Selectmen is to give support to the local Bethany businesses and that is why there was a decision to raise the vending fees. That is the history of this particular resolution.

Bruce Hescock - 160 Humiston Dr - How would this affect the farmer’s market and Lion’ s
Club Tag Sales? Would the vendors themselves have to pay the fee?

First Selectwoman Gorski - Civic organizations are exempt, as well as farmer’s markets.
Farmer’s markets are exempt by state statute.

Russell Arpaia- Woodbridge – There are many businesses in town that lease and do not own property. I operate in Woodbridge where the annual fee is $75 and in Orange where the annual fee is $25. The fee in New Haven is $200 a year. To make it $600 a year is not fair. The State Police had me shut down the other day because I was selling breakfast sandwiches before 9:00 a.m. The health department said my food truck is the nicest they have seen. I do not think this proposed ordinance is fair and I believe it is written for me. I ask that the residents of Bethany defeat this ordinance.

von Beren – There must be some justification rather than to go from $2.00 to $600. What do we have to do besides issue the permit? What other cost does the Town of Bethany have?

First Selectwoman Gorski stated again that the fee is not $600 a year but $50 a month.

Press, Jr. – Government states as a market regulator that the town cannot discriminate against nonresident for residents.

Town Counsel McSherry – Not applicable to apply inter-commerce issues to things that fall directly in the guise of the Bethany Code of ordinances and always has. The $2.00 structure has always been in place with local exemptions. Increasing the fees is to cover some of the costs that are incurred on a regular basis by the Town Clerk’s Office.

Foley – I have a small business. I do my business from my home which requires no support from the town, no one comes to visit my house and yet I pay extra taxes for the privilege to do so as does every business man sitting here tonight. We have the right as businessmen to ask that other people doing business in our town that pay no taxes start paying their share.

L.Corrone – taxes are getting out of hand. Maybe taxes should be reduced.

B. Thornquist – I would just ask that we keep the conversation non personal and to the issue at hand.

Thomas Hunt – 809 Carrington Rd – I own a business in town. I agree that taxes are high enough regardless of whether you own a business or not. I don’t believe that there should be any fee for residents.

Salvatore LaPaglia – 648 Amity Rd – There is not a problem with paying a fee. It is just the amount of the fee. Others towns are charging $150. $600 doesn’t make sense.

Sharon Huxley – 340 Old Mill Rd – Who pays for the QVHD inspections?

Arpaia - The vendors pay for their own inspection. The fee is totally separate.

Town Counsel McSherry - That is correct but the Town hires QVHD to be its health department. We pay them to issue your license although you pay the fee to them. They get paid from us and from you.

Dave Forman – Tax Collector -329 Downs Rd – Many businesses in town pay personal taxes. What would you consider a fair fee?

Arpaia - $100 or $150.

Forman – In comparison with what businesses in Bethany pay, $100 - $150 would not be out of line.

The question was asked as to whether the amount was for non residents, residents or both? That also raises the issue that the monthly fee be 1/12 of that.

S. Thornquist – For clarification, you are making someone coming in for a month to sell ice cream for $50, pay the yearly fee of $150. If you want to make it so that someone who does temporary business in town pays a lesser fee than someone who does permanent business in town then you need to make it a monthly, weekly or daily fee.

David Jackson -171 Miller Rd – The resolution needs to be broken down because there is more than one issue.

William Sawdon -164 Hilldale Rd – Modify amendment to $10.00 a month and $120 a year regardless of resident or nonresident.

There was a motion made to accept the amendment to the resolution by David Forman, duly seconded by Donald Shea.

Art Slicer – 70 Lacey Rd – This is an ill-conceived idea. I think it should be tabled for further discussion and clarification. This is not the place to decide the fee. A motion was made to table the resolution by Arthur Slicer, duly seconded.

S. Thornquist – This is not a particularly complex issue. I think we have heard some strong opinions about this issue. This is exactly what the town meeting is supposed to do. Get the opinions of those present and come to a decision.

The Moderator called a motion to table the resolution. Overwhelming nays.

A motion was made, and duly seconded to amend the resolution to change the monthly fee to $10 and the annual fee to $120. Overwhelming yeas.

Rosemary DeFillippo – 739 Carrington Rd - We need to address the $500 penalty fee. Change the penalty to $10 for first offense and $120 for second offense.

There was a motion duly seconded to move the amendment to the resolution to a vote.

Brian Eitzer – 11Carriage Dr – If the penalty is the same as the cost no one will want to pay but will wait to see if they get caught. Penalties are made for a reason.

Slicer – We should charge $1,000 if they break the law but $500 is a reasonable amount.

Pat MacGregor - 65 Anthony Ct – There is a valid reason to follow the rules and do things right up front. $500 is a reasonable penalty.

Foley – The concept of a penalty is the result of violating a rule. I think that the penalty encourages people to obey the laws. The penalty clause as it stands should remain.

A motion to amend the penalty clause from $500 to $10 first offense and $120 second offense was called. The amendment does not carry. Overwhelming nays.

A motion to call the amended resolution of $10 per month and $120 per year for the Peddling and Soliciting Fee was made. Overwhelming yeas.

Item (4) on the call: To amend Chapter 129 of the Code of the Town of Bethany to add an Ordinance Establishing Fines for Land Use Violations and an Ordinance Establishing A Hearing Procedure For Land Use Violations.

A motion was made and duly seconded to dispense with reading of the resolution.

Sharon Huxley, Planning & Zoning Chairman – Gave a brief overview of the amended Land Use ordinance. If someone violates a rule unknowingly, than everything is done to settle the matter in an amicable fashion. Once a complaint is made, there will first be a call from the ZEO - an inquiry. You may get a first notice of a violation followed by a second a month later. After a period of time, if nothing is happening, and it is becoming reasonably certain that further steps must be taken, the ZEO will file a cease and desist. At that point, the violator has 30 days to appeal to the Zoning Board of Appeals. It is at this point that we sometimes run into problems. The next level of action that we have, unfortunately, is an injunction to take someone to court. We do not want to do that. It is expensive for all parties. We are only talking about serious violations that have gone on for years. It sometimes does not get resolved until someone is getting ready to sell their land. We would like for everyone to be aware and abide by the same rules as their neighbors and everyone else who pays taxes.

Pat MacGregor - Inland Wetlands Chairman - We want to be able to resolve these issues at the town level without undue cost to the taxpayers or legal expense to the town. These issues need to be addressed locally. In general, residents follow the regulations.

Hiram Peck -Town Planner – There are two parts to the ordinance. The first is to establish the fines and show how those fines would work. The second part is the ordinance establishing a hearing. This ordinance would probably be the 5th, 6th or 7th step in a long process. This is an intermediate process between the normal zoning enforcement process and going to court. It was designed to be user friendly. A number of other towns in the area have done the same thing and it has worked extremely well.

Marcel Languerand - 173 Carrington Rd – Do the same rules apply to all? If a violation is picked up on one road and the same thing is happening on another road. How does that work?

S. Huxley – We don’t go looking for things that are wrong. It is always on a complaint basis.

Kristine Sullivan - 783 Amity Rd – When the letter is sent out it will site the regulation that is being violated and provision of the ordinance. A person would know and be able to get the information. They will be aware of what is happening. When the enforcement officer is writing their letter they will be including all the appropriate language. The people will know what their rights are and what the responsibilities and consequences are of doing what is not correct.

S. Huxley - Currently there are eight residential violations that are large issues and 4 violations in the business & industry zones. These fines are since 2004.

P. MacGregor - We have seen a level of frustration from residents and business owners in town in the past several years where you try to resolve an informal cease & desist process or you go to court. This ordinance will help to give us another set of tools to resolve things.

Jack Ellison - 55 Green Hill Rd – This is not a clean up attempt or punitive measure. It is not between the town and the person that is violating this regulation. It is also to protect land holders that may have a violation impinging upon their land.

Randy Raddatz – 22 Bethridge Rd – Each day that a violation continues shall be deemed a separate offense? Does this mean that the fine accrues from the day the violation occurs? Question 2 - Is the anticipatory potential noise ordinance in this or separate?

Town Counsel McSherry - There is no fine until a citation is issued and then it can accrue. Question 2 – It will be a separate and distinct ordinance.

Sue Ryker – 2 Clay Rd – The town is taking too much control.

S. Huxley - Some complaints are totally baseless. An investigation will take place before any fines are issued.

P. MacGregor – The process of investigating a complaint is the same as what it is right now. That is not changing. The amended ordinance is not adding any new rules about what we can or can’t do in our town or on our property. It is providing tools to better be able to resolve these issues.

S. Thornquist – The goal of the resolution is not to hit people with fines but address them before they get to a fine. The resolution states that if after years of investigation no compliance is made, then maybe you will get a fine.

Bill Grieger - 185 Fairwood Rd – I have a small farm and it has taken me years to make my property the way it is. Why do we need this fine instead of checking with our neighbors if there is a problem. I have been to Inland Wetlands five times in order to make my place nice. This town is supposed to be rural.

Jack Ellison - 55 Green Hill Rd - Is a violation being broken and if so we are asking those being impacted to come and talk at the town level. Right now we have the ability to issue a citation, then take someone to court. The court expense is tens of thousands of dollars. The tax payers are the ones who will pay that. Right now the neighbors who are being impacted have no way to bring the situation to a resolution.

Janet Finneran - 648 Carrington Rd – Are the procedures that you describe written down anywhere?

S. Huxley – They are in the enforcement section of the regulations.

Warren Buchter – 181 Beacon Rd – I have to say that this whole issue probably applies to me more than anyone else. There have been issues going on for twelve years in my neighborhood. I’ve been dealing with it for seven years. I’ve gone to the town Zoning Department, Zoning Enforcement, First Selectman’s office, Town Counsel, D.E.P. and QVHD, who has been very helpful in resolving some of these issues. Repeatedly I am told that the violations are not enforceable. There is no provision in the ordinance to enforce noncompliance. I strongly urge that everyone vote in favor of this resolution tonight.

S. Press, Jr. - What if a citizen prefers to take the town to court as opposed to dealing with the town? Is that still an option?

Town Counsel McSherry – The Zoning Enforcement Officer issues you a cease & desist order. You have a right to appeal it to the ZBA. You need to exhaust your administrative appeal to the ZBA. If the ZBA files against you, you can take their decision to court within fifteen days of the notice being placed in the newspaper. You can appeal and at that point everything stays. Nothing happens then until the court deals with it and there’s a conclusion to that decision. Once there is a conclusion, the court can then implement its own orders or it comes back to where we started with the ZBA which may be several years down the road. At that point the fine could be issued by the issuing authority but you would have your day in court. Once the fine is issued you could again appeal the decision to the hearing officer and there would be more time spent in court.

There was a motion made by Steven Thornquist and duly seconded bo vote by written ballot.

J. Foley – We are all concerned residents of the Town of Bethany. Why can’t we stand up and have our vote counted?

S. Thornquist - I have a right to vote and I have a right for that vote to be kept secret as we do on election day. There are neighbors here that may have issues with other neighbors and it would not be fair to force them to vote in public.

The vote was taken by written ballot – In favor of amending the Land Use ordinance - yeas – 70; nays – 55. Passed.

A motion was made and duly seconded to adjourn the meeting. The meeting was adjourned at 9:40 p.m.

Respectfully submitted,



Nancy A. McCarthy, CMC
Town Clerk
Bethany Conservation Commission

November 5, 2009


The meeting was called to order at 8:06 PM by chairman Ken Martin. Also present were Brian Eitzer and Bruce Loomis.

The minutes of the October 8, 2009 meeting were read. Brian moved to accept as presented and Ken seconded – motion passed.

Ken handed out and reviewed the CACIWC newsletter “The Habitat”. There is an article about a new organization “Walk the Path to Health and Happiness.” They are looking at mapping trails state wide. Ken noted that Bethany town trails are not well established and documented. There are many trail easements that have never been developed. Ken suggested the issue should be looked at further at a later meeting

There is also an article about the Supreme Court upholding an IWC denial for lack of required elements in the submitted plan.

The James Woodward subdivision will be taken up by P&Z at their first meeting in December. Their sight walk will be held sometime after the meeting has been held. CC will mention to P&Z steps in the trail easement on the south side lower trail as verbally committed to by the engineer during a site walk with the Conservation Commission on an earlier submission of the plans. Without the steps the trail will be steep and difficult to navigate, requiring a great deal of work to establish a usable trail.

Also of concern to the CC is “maintenance drive” running from lower cul de sac almost to upper cul de sac which town will have to maintain in order to keep required access to “wet meadow” drainage area (see lots 4&5). The drive goes through lot 4 and the trail easement and onto lot 5 where the drainage area is located. The plan appears to call for a very large amount of cut & fill to regrade for lots and roads – especially the lower cul de sac. The open space does not abut the wetlands on the North side and CC would like to see it do so. As it is drawn there is a narrow strip currently shown as part of lot 13 between the wetland and the open space area. CC would like to see this strip eliminated. CC did not see the open space calculation on the plans so CC was not sure if the 20% open space requirement is being met.


Ken, Brian and Bruce will attend the CACIW annual meeting and seminars November 14, 2009.

Brian moved to adjourn and Ken seconded – meeting adjourned at 8:50 PM.



Respectfully submitted,



Bruce Loomis
Secretary Pro-tempore

Tuesday, November 3, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, OCTOBER 26, 2009 Page 1 of 3



The regular meeting of the Inland Wetlands Commission was called to order at 7:40 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following members of the Commission were present:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Alternate Member, seated as a voting member.
Brian Smith, Alternate Member, seated as a voting member.

The following members of the Commission were absent or excused:
Jack Ellison, Member
John Kane, Member
Jon Painter, Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer


APPROVAL OF MINUTES

1. It was moved by Breslin and seconded by Sullivan to approve, as submitted, the minutes of September 28, 2009, Regular Meeting.
Voting for: McGregor, Breslin, Sullivan, Smith.
Unanimous approval.

2. It was moved by Sullivan and seconded by Breslin to approve, as submitted, the minutes of October 13, 2009, Special Meeting.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Roman Mrozinski, Southwest Conservation District, dated October 1, 2009, Re: Recommendations for 71 Mesa Drive, placement of rip rap along edge of pond.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Stormwater Management Workshop, November 4, 2009.
2. Connecticut Association of Conservation & Inland Wetlands Commissions, 32nd Annual Meeting and Environmental Conference, November 14, 2009.
3. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
4. Soil and Water, Southwest Conservation District Newsletter, Fall 2009.
5. The Habitat, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Summer 2009.
6. College of Agriculture and Natural Resources, Journal, Summer/Fall 2009.


NEW BUSINESS

5 Hatfield Hill Road, Application #1133 submitted by Elizabeth Garcia for an Inland Wetlands Permit for a residential site development –

The Commission formally received the application. Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., owner of record.

Mr. Garcia reviewed the proposed project noting:
· The septic system has been approved and installed.
· Originally received an approval for a residential site development on June 21, 2004, and the permit expired on June 21, 2009.

In discussion, Commission members noted:
· Installation of wetlands conservation area signs.
· Conditions of the previous approval included a conservation easement, a fence along the buffer line, no livestock on the property and no hot tubs.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 23, 2009. Tabled.


OLD BUSINESS

4 Hilldale Road, Application #1132 submitted by Anthony Hebert for the construction of a deck and shed –

Present to speak on behalf of the application was Anthony Hebert, applicant and owner of record.

In discussion, Commission members noted:
· The proposed activity is no where near the wetlands.
· The applicant will be storing bicycles and lawn furniture in the shed.
· The shed will be placed on crushed stone.

The Commission proceeded to deliberate. It was moved by Smith and seconded by Breslin to approve Application #1132 as submitted by Anthony Hebert for an Inland Wetlands Permit to construct a deck and a shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, submitted September 28, 2009, and also this approval includes the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.








Proposed revision of the “Town of Bethany Inland Wetlands and Watercourses Regulations” – The public hearing was closed on September 28, 2009. Commission members reviewed the final draft of the revised regulations and then proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve the adoption, effective November 1, 2009, of the revised “Town of Bethany Inland Wetlands and Watercourses Regulations”. The purpose of adopting the revised regulations being that they will bring the regulations in conformance with the statutory changes. They will provide means of notice to residence of town to allow people to have a better idea of when applications are appearing before the Commission and they will provide us with a fee schedule that will allow us to hire experts needed with no cost impact on Town citizens. The adoption of these regulations will allow for improved protection of the wetlands, watercourses and water quality of the public water supply.
Unanimous approval.

WETLANDS ENFORCEMENT OFFICER’S REPORT

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 11 Glenwood Court No IWC Action Required
2) 34 Ridgewood Road IWC Action Required

The following sites were inspected for permit compliance during construction:
1) 48 Clay Road E/C Good
2) 228 Falls Road Re-Inspection Required

The following complaints were investigated:
1) 33 Deerfield Lane No IWC Action Required


It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 8:36 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission