Tuesday, November 23, 2010

BOARD OF SELECTMEN
NOVEMBER 8, 2010
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Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
Absent: Selectman Steven Thornquist

Visitors: Kathleen Schurman, Attorney Kevin McSherry

First Selectwoman Gorski called the meeting to order at 8:05 p.m. The first order of business was check signing. 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 special meeting of October 22, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 25, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

First Selectwoman Gorski called for a motion of approval for the minutes of the special meeting of November 3, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

TAX REFUNDS
Selectman Shea moved to refund a total of $288.33 in tax refunds to the following for overpayment of taxes.

Jessica Ciola $ 25.00
Jessica Miller $ 11.22
Nissan Infiniti, LT $252.11

First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

AIRPORT COMMITTEE REPORT
The Airport Committee Report was tabled.

EXECUTIVE SESSION TO DISCUSS CONTRACTS, REAL ESTATE AND PERSONNEL ISSUE
At 8:20 p.m. Selectman Shea moved to go into executive session to discuss contracts, real estate and personnel issues. First Selectwoman Gorski seconded the motion. At 8:35 p.m. Selectman Shea moved to exit the executive session. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.



UNION CONTRACT
Selectman Shea moved the following resolution:

THAT, the Board of Selectmen of the Town of Bethany approve the Successor Agreement between the Town of Bethany and Local 1303 of Connecticut Council 4, AFSCME, AFL-CIO effective July 1, 2010 and expiring June 30 2015, and authorizing First Selectwoman Derrylyn Gorski to execute said agreement on behalf of the Town of Bethany. First Selectwoman Gorski seconded the resolution. The vote to accept was unanimous.

ADJOURNMENT
Adjournment was called at 8:40 p.m. after a motion was moved the Selectman Shea and seconded by First Selectwoman Gorski.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
BOARD OF FINANCE
NOVEMBER 9, 2010
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Attendance: Chairman Janet Brunwin, Sally Huyser, Chip Spear, Stephen Squinto, Robert Brinton Jr., John Grabowski, First Selectwoman Derrylyn Gorski, Tim Connellan

Chairman Brunwin called the meeting of the Board of Finance to order at 7:06 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion to approve the minutes of the special meeting of October 5, 2010. The motion was moved by Stephen Squinto and seconded by Chip Spear. The vote taken was unanimous.

Chairman Brunwin moved to approve the minutes of the special meeting of October 22, 2010. Robert Brinton seconded the motion and then moved to amend the minutes by adding the following:

(October 11, 2010)
RESOLVED, that the Board of Finance recommends that the Town of Bethany appropriate $2,085,000 for costs in connection with various road improvement work including milling and paving, catch basin replacement and drainage improvements and curbing, and for costs in connection with the financing of the project. The project is contemplated to include work on all or portions of the following roads, and such other roads as may be determined from time-to-time by the Board of Selectmen: Wooding Hill Road, Perkins Road, Hunters Trail, Crestwood Road, Falcon Lane, Miller Road, Schaffer Road, Clay Road, Knollwood Road, Bethmour Road #1, Bethmour Road #2, Valley Road, Tawney Road, Collins Road and Russell Road. The Board of Selectmen shall determine the scope and particulars of the project and may reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so modified or reduced. The appropriation may be spent for design, construction, materials, equipment, engineering, clerk of the works and other consultant fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing.
FURTHER RESOLVED, that the Board of Finance recommends that the Town of Bethany authorize the issue of $2,085,000 bonds or notes and temporary notes to finance said appropriation.
The vote was called. There were five yes votes. Stephen Squinto abstained as he was absent from that meeting.
The Chairman called for a motion to approve the minutes of the meeting of November 3, 2010. The motion was moved by Robert Brinton Jr. and seconded by Sally Huyser. The vote was called. There were five yes votes and one abstention that of Stephen Squinto as he was absent from that meeting.

ELEMENTARY SCHOOL REPORT – TIM CONNELLAN
Tim Connellan was present to give a financial report to the Board regarding the closing balance for fiscal year 2009-10 for the Elementary School. He also discussed the budget for 2010-11 and the manner in which special education was affecting it. Tim reported that a number of staff members are taking the medical insurance buy out of $2,000 as they have medical insurance coverage through a spouse. There should be a savings in the medical insurance account because of these buy outs. This could perhaps offset some of the excess cost of special education. Sally Huyser suggested that the Board of Education should look the cost of special education to see if there were other programs that could help reduce the cost.

CHAIRMAN’S REPORT
Chairman Brunwin reported on a meeting that she and First Selectwoman Gorski had attended at the office of Marian Company LLC our auditors. They addressed budgeting and the impact that reduced State Aid could have on the budgets of towns and cities in the State of Connecticut.

Chairman Brunwin attended the Amity Financial meeting. At this meeting they had indicated the enrollment figures as of October 1, 2010 show the number of Bethany students attending Amity has decreased again for the second year. This will again lower the percentage that Bethany will pay to the Regional system. They also reported that there will be a surplus for this fiscal year.

FIRST SELECTWOMAN GORSKI’S REPORT
First Selectwoman Gorski reported that there was only one bid from a fund raising company for the Airport Hanger. When First Selectwoman Gorski did a reference check the company had only written grants but never did fund raising. The bid was tabled at this time. The Committee is looking at the possibility of a local person with experience in this type of fund raising to guide the committee.

The Highway Department has started the road repair as approved at the recent Town Meeting. Falcon and Crestwood Roads are the first on the list for repair.

BUDGET REPORTS FISCAL YEAR 2010-11
The Board reviewed the financial reports for fiscal year 2010-11. No problem areas were noted at this time.

ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Chip Spear and seconded by Stephen Squinto. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, NOVEMBER 3, 2010 Page 1 of 5

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member, who arrived at 7:08 p.m.
Donald Shea Jr., Alternate Member, who arrived at 7:25 p.m.
Nellie Rabinowitz, Alternate Member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Marc Adelberg, Alternate Member

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


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


NEW BUSINESS

1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –

The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.

Mr. Crotta reviewed the proposed project noting:
That this application is to relocate the drainage easement.
That there is a potential buyer for this lot and the buyer would like the drainage easement relocated.

In discussion, Commission members noted:
The applicant is asking approval for the change of the contours and the drainage easement relocation, which would make this application a Site Plan Approval.
The applicant is moving the septic system and potentially the location of the house.
The applicant needs to submit a revised site plan showing the relocation of the septic and erosion and control measures.

The applicant needs to add wording on the deed as to the location change of the drainage easement from where it originally was approved and where it will be relocated.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.


2) 187 Beacon Road, Application #2010-020 submitted by Beth Gaetano AKA: Gaetano Family Farm for a Home Occupation Permit for the sale of chicken eggs and chickens at farm markets and online –

The Commission formally received the application. Present to speak on behalf of this application was Beth Gaetano, applicant and owner of record.

Mrs. Gaetano reviewed the proposed project noting:
She would like to be able to work from her house online.
That she sells her eggs at the Seymour Farmers Market and at her work place in Cheshire (farm).
A representative from the State of Connecticut visited her property to inspect the few chickens she has at her home for health reasons.

Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District was not able to submit a report at this time.

In discussion, Commission members noted:
The applicant will not be selling from her home. It will be an office only. (application modified)
The Commission will have to wait for the Quinnipiack Valley Health District approval.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.


3) Discussion regarding Outdoor Wood Burning Furnaces –

Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and if Bethany would consider banning this type of outdoor furnace.

Hiram Peck, Planning Consultant, stated there are a few area towns in court right now pertaining to whether these towns have the authority to ban the outdoor furnaces and he recommends that the Commission wait for the outcome of these court cases.

Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident sited in the email an address (Pleasant Drive) that has an outdoor furnace and Ms. Gorski would like the Commission to be aware of this inquiry.

Mr. Peck will gather more information for the next scheduled meeting on December 1, 2010. Tabled.


4) Discussion with Mike Okrent regarding Small Wind Energy Systems –

Mike Okrent, Chairman of the Clean Energy Task Force, inquired about the proposed Zoning Regulation amendment/addition pertaining to Section 5A – Permitting, Construction, operation, Maintenance and Abandonment of Small Wind Energy Systems, which the Commission held a public hearing and the public hearing was closed on March 3, 2010.

Chairman Huxley stated that there were concerns about the structures falling on other properties, light flicker, and noise and therefore, with the changing technology, the Commission decided to postpone making a decision.

Mr. Okrent asked the Commission if they would consider opening the issue back up again so that the Clean Energy Task Force can investigate into the potentials of the structures falling, noise issues and shadows.

The Commission told Mr. Okrent to proceed with the investigation and to return to the Commission with the information.


APPROVAL OF MINUTES

1. It was moved by Ford and seconded by Shea to approve, as submitted, the minutes of the October 6, 2010, Regular Meeting.
Voting for: Huxley, Ford, Shea
Unanimous approval.


GENERAL CORRESPONDENCE

1. Emails from Ulana Zinych of 87 Pleasant Drive, Isabel Kearns, ZEO and First Selectman Derry Gorski, Re: Outdoor Wood Burning Furnaces.
2. Letter from Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments regarding excluding development in areas where the slopes are in excess of 25% and a “minimum lot square” be added to the requirements for the creation of new lots.
Isabel Kearns, ZEO, stated the Inland Wetlands Commission is concerned with 83 Beacon Road (application for a one-lot resubdivision, which was withdrawn) regarding the lot shape and steep slopes. Hiram Peck, Planning Consultant, will put together materials regarding standards of other towns. Ms. Kearns stated the Inland Wetlands Commission would like to meet with the Planning and Zoning Commission to discuss these concerns. The Commission will schedule a joint meeting with the Inland Wetlands Commission after Mr. Peck obtains the information.
3. Letter from Isabel Kearns, ZEO, to Garrett Vorio owner of 415 Fairwood Road, Re: Notice of Zoning Violation, possible fencing business.
4. Email from SCRCOG, dated October 14, 2010, Re: Town Of Woodbridge Referral on proposed Zoning Amendment to Section 4 – Sign and Artificial Light (attached).
5. Letter from SCC Regional Planning Commission, to Town of Woodbridge, dated October 18, 2010, Re: RPC review of proposed Zoning Amendment to Section 4.
6. Email from SCRCOG, dated November 3, 2010, Re: Town of Prospect Referral on proposed Zoning Amendments - Section 4.13 – Floodplains and Flood Hazard Areas; Article 2.2 – Definitions; Article 15 - Zoning Board of Appeals; Section IV of the Subdivision Regulations (attached).
7. Email from SCRCOG, dated November 3, 2010, Re: Town of Cheshire Referral on proposed Zoning Amendments – Section 46 – Flood Plain Management Regulation (attached).
8. Letter from Transportation Committee, dated November 1, 2010, Re: Transportation Committee and Transportation Technical Committee Meeting, November 10, 2010.


PUBLICATIONS AND WORKSHOPS

1. Land Use Academy Basic Training, Saturday, November 20, 2010.
2. Transit Forum, Tuesday, October 26, 2010.
3. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2010.
4. Connecticut Technology Transfer, Fall 2010.
5. The Connecticut Landscape Architect, Fall 2010.


BILLS

1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for October 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:

Ms. Kearns stated the road paving and drainage improvements approved at the October 6, 2010, regular meeting, would only include curbing where the water needs to be directed into the catch basins or if there are any complaints of water runoff from the roads onto the resident’s property.

415 Fairwood Road (Vorio) – Ms. Kearns issued a Notice of Zoning Violation dated October 29, 2010, regarding the storing of fencing on the property and the possibility of the operation of a fencing business from this location.

Ms. Kearns distributed a brochure from the Connecticut Department of Public Health in regards to Child Daycare Screening assessment for Environmental Risk Safer Program.


OLD BUSINESS

1. Discuss increasing application fees – Tabled.

2. Bethany Volunteer Fire Department revised Water Source Specifications – Isabel Kearns, ZEO, spoke to Fire Department about the Water Source Specifications and the Fire Department will bring the information to the Officer’s Meeting next week. Tabled.

3. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.

4. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.

5. Update on Halter Estates – Tabled.


It was moved by Winer and seconded by Shurtleff to adjourn the regular meeting at 8:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk For the Commission

Monday, November 1, 2010

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 25, 2010 Page 1 of 6

The regular meeting of the Inland Wetlands Commission was called to order at 7:38 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:
Alexandra Breslin, Vice-Chairman, Acting as Chairman
Kristine Sullivan, Member
Brian Smith, Alternate Member, seated as a voting member

The following members of the Commission were absent or excused:
Patricia McGregor, Chairman
John Kane, Member
Jack Ellison, Member

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


ELECTION OF OFFICERS

The Commission tabled the vote for Vice Chairman for the term of July 2010 to June 2011 until the next scheduled regular meeting on Monday, November 22, 2010.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the September 27, 2010, Regular Meeting.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the October 12, 2010, Special Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated September 17, 2010, Re: Review of plans revised to August 17, 2010, pertaining to 83 Beacon Road, One-lot resubdivision.
2. Letter from Diversified Technology Consultants, dated October 25, 2010, Re: Review of revised plans dated October 12, 2010, for 141 Northrup Road, Residential Site Plan Review.
3. Report from Soil Resource Consultants, dated September 23, 2010, Re: 40 Munson Road, Wetland Delineation. (Application #1152 approved September 27, 2010.)



4. Letter from Connecticut Water Company, dated September 22, 2010, Re: Revised Connecticut Water Company Water Supply Plan identifies Bethany land that may be available for disposition.
5. Copy of letter to Planning and Zoning Commission from the Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments.
6. Letter from Connecticut Association of Conservation and Inland Wetlands Commission, Inc., dated October 1, 2010, Re: 2010-2011 CACIWC membership fees due and 33rd Annual Meeting and Environmental Conference, Saturday, November 13, 2010, at Mountain Ridge, Wallingford, CT.
7. Letter from State of Connecticut DEP, dated October 19, 2010, Re: Inland Wetlands Training DVD: An Introduction to Map Reading & Site Plan Review, included two DVDs.


PUBLICATIONS AND WORKSHOPS

1. 2010 Municipal Inland Wetland Commissioners Training Program: Segment 3.
2. “Soil and Water”, Southwest Conservation District Newsletter, Fall 2010.
3. “The Habitat”, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Fall 2010.
4. Connecticut Wildlife, September/October 2010.


BILLS

1. It was moved by Sullivan and seconded by Smith to approve the payment of $320.00, for professional services rendered by Soil Resource Consultants, David H. Lord, pertaining to 40 Munson Road, Delineation of Onsite Wetlands-Watercourses and Report.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve the payment of $150.00 for Membership Renewal for two Commissions - Sustaining (Inland Wetlands and Conservation Commission) for the period of July 1, 2010 to June 30, 2011, to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. Unanimous approval.


NEW BUSINESS

1. 429 Fairwood Road, Application #1157 submitted by EMG Properties, LLC for an IW Permit for the construction of a commercial building and parking area –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, William Grieger.

Mr. Garcia reviewed the proposed project noting:
· The applicant is proposing to construct a 9,000 square foot building.
· The drainage work will be minimal and will tie into the storm drainage that has already been installed.

In discussion, Commission members noted:
· That the Commission would like to schedule a site visit. The clerk will email Commission members for their availability to conduct the site visit.
· The Commission requested the project engineer stake out the proposed building, the edge of the parking lot, the edge of the grading and the pipe crossing the wetlands.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 22, 2010. Tabled.


OLD BUSINESS

1. 83 Beacon Road, Application #1154 submitted by Jack Moscato for an IW Permit for a One-lot Resubdivision –

Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S., representing the applicant, Jack Moscato, who was also present.

In discussion, Commission members noted:
This proposed project has a potential for a significant impact to the wetlands (large pond across Beacon Road).
That the house can possibly be shifted further upslope.
Their concern with the drainage ditch at the bottom of the driveway with handling the runoff.
That the drainage ditch at the bottom of the driveway only had 1 ½" of clearance and it was filled with silt.
That the applicant should withdraw the application, find another way to handle the runoff, and resubmit the application to the Inland Wetlands Commission.

Mr. Garcia submitted a letter of withdrawal, dated October 25, 2010.


2. 141 Northrop Road, Application #1155 submitted by Donald Charbonneau for an IW Permit for a residential site development –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Donald Charbonneau, who was also present.

In discussion, Commission members noted:
Revised plans, dated October 12, 2010, were submitted and reviewed by Mr. Garcia.
A letter from Diversified Technology Consultants, dated October 25, 2010, was received and one of the comments was to increase the pipe across the driveway from a 15” to an 18” or larger.

Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Breslin to approve Application #1155 submitted by Donald Charbonneau for an Inland Wetlands Permit to construct a residential site development located at 141 Northrop Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated August 3, 2010, revised to October 12, 2010, Drawing No. C-1.
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-2.
· “Typical Details, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-3.

and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant must comply with Item #1 of the letter from Diversified Technology Consultants, dated October 25, 2010, regarding increasing the pipe in driveway to an 18” pipe.
The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required at 50-foot intervals along the identified wetlands buffer lines.
The planting of ten to fifteen highbush blueberry plants in the wetlands area shown on the plan at the front of the lot encompassing 4,651 square feet.

The Commission’s decision was based on the exhibition of sound engineering principles as verified by our engineering firm. Unanimous approval.


3. 26 Pine Brook Crossing, Application #1156 submitted by Monique Gaudet for an IW Permit for a residential site development –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Monique Gaudet.

In discussion, Commission members noted:
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia.

Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1156 submitted by Monique Gaudet for an Inland Wetlands Permit to construct a residential site development located at 26 Pine Brook Crossing, in accordance with the submitted plan entitled, “Proposed Site Plan, Assessors Map 108, Parcel 8011, 26 Pine Brook Crossing, Bethany, CT”, dated August 23, 2010, revised to September 29, 2010, prepared by John Paul Garcia and Associates, Bethany, Connecticut and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
· An additional revised plan shall be submitted which will change where the description says “Conservation Easement” to “Inland Wetlands Conservation Area”.
· The legend to be changed to include the nomenclature for the 150’ Upland Review Area and the Inland Wetlands Conservation Area.
· Posting of a bond based on the submission of a bond estimate by the Project Engineer with review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
· When a final letter is submitted by the Quinnipiack Valley Health District, that a copy be submitted to the Agency for its files.
· The appropriate signage posted along the 50-foot Inland Wetlands Conservation Area.
· When the deed for the property is transferred, reference to the Inland Wetlands Conservation Area so that the property owner be noticed.

The Commission’s decision was based on what appears to be best engineering practices exhibited on the plan and if this plan is followed, there should be minimal or no disturbance to the wetlands. Unanimous approval.


ENFORCEMENT OFFICER’S REPORT

Executive Session with Town Attorney.

At 8:37 p.m., it was moved by Sullivan and seconded by Smith to enter into executive session on the matter of pending litigation and to invite Kevin McSherry, Town Counsel, Isabel Kearns, Inland Wetlands Enforcement Officer, Karen Walton, Assistant Inland Wetlands Enforcement Officer and Antonia Marek, Clerk for the Commission. Unanimous approval.

At 8:46 p.m., it was moved by Sullivan and seconded by Smith to enter out of executive session.
Unanimous approval.

It was moved by Sullivan and seconded by Smith that the Commission authorizes Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, at the site as documented by the report that the Inland Wetlands Commission has received from Rema Ecological Services, LLC, dated September 27, 2010.

226 Fairwood Road – The IWEO stated the owners originally received an IW permit for a two- bedroom rebuild and now they received a permit from QVHD for a three-bedroom house, which the house is not any bigger but are using new technology. The IWC filed the original permit on the Land Records for the two-bedroom house. The Commission advised that the owner modify the original permit to make it a three-bedroom house and then file the modified permit on the Land Records.

The IWEO mentioned the Town Meeting on November 4th pertaining to the increase in the Inland Wetlands Land Use Fees. The Commission would like to put together a fact sheet to handout at the Town Meeting.



It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:03 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission
BOARD OF FINANCE
BOARD OF SELECTMEN
SPECIAL MEETING
OCTOBER 22, 2010
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Attendance: Board of Finance
Chairman Janet Brunwin, Robert Brinton Jr., Chip Spear, Sally Huyser,

Attendance: Board of Selectmen
First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist joined the meeting at 6:20 p.m.

Visitors: Attorney Kevin McSherry

Chairman Brunwin and First Selectwoman Gorski called the meeting to order at 6:10 p.m. The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

A brief discussion took place between the Boards regarding the necessary resolutions to be passed.

Chairman Brunwin then moved the following resolution for the Board of Finance:

RESOLVED, that the Board of Finance recommends that the Town of Bethany issue its refunding bonds, in an amount not to exceed $6,500,000, the proceeds of which are to be appropriated: (1) to fund one or more escrows, the balance held in such escrows, together with the investment earnings thereon, to be applied by the Town to the payment in whole or in part, as to be determined by the First Selectman and the Treasurer, of the outstanding principal of and interest on the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 (consisting at original issue of $618,000 General Purpose Bonds and $4,417,000 School Bonds) and $3,845,000 General Obligation Bonds, Issue of 2006 (consisting at original issue of $3,845,000 General Purpose Bonds), including the payment of interest accrued on said outstanding bonds to the date of payment, and (2) to pay costs of issuance of the refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow agent fees, underwriters’ fees, net interest and other financing costs and other costs related to the payment of the outstanding bonds described above.
Chip Spear seconded the resolution as moved by Chairman Brunwin. Chairman Brunwin called for a vote. The vote taken was unanimous.
Selectman Donald Shea then moved the following resolution for the Board of Selectmen:
RESOLVED, that the Board of Selectmen recommends that the Town of Bethany appropriate $2,085,000 for costs in connection with various road improvement work including milling and paving, catch basin replacement and drainage improvements and curbing, and for costs in connection with the financing of the project. The project is contemplated to include work on all or portions of the following roads, and such other roads as may be determined from time-to-time by the Board of Selectmen: Wooding Hill Road, Perkins Road, Hunters Trail, Crestwood Road, Falcon Lane, Miller Road, Schaffer Road, Clay Road, Knollwood Road, Bethmour Road #1, Bethmour Road #2, Valley Road, Tawney Road, Collins Road and Russell Road. The Board of Selectmen shall determine the scope and particulars of the project and may reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so modified or reduced. The appropriation may be spent for design, construction, materials, equipment, engineering, clerk of the works and other consultant fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing.
FURTHER RESOLVED, that the Board of Selectmen recommends that the Town of Bethany authorize the issue of $2,085,000 bonds or notes and temporary notes to finance said appropriation.
FURTHER RESOLVED, that a special town meeting be held at Bethany Town Hall Gym, 40 Peck Road, in the Town of Bethany, on the fourth day, November, 2010 at 7:30 p.m. to consider and vote upon a resolution with respect to the above recommendations.
First Selectwoman Gorski seconded the resolution. First Selectwoman Gorski called for a vote. The vote taken was unanimous.
First Selectwoman Gorski called for a resolution authorizing the issuance of bonds.
The following resolution was moved by Selectman Shea and seconded by Selectman Thornquist:
RESOLUTION OF BOARD OF SELECTMEN AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,500,000 REFUNDING BONDS FOR PAYMENT IN WHOLE OR IN PART OF THE OUTSTANDING PRINCIPAL OF AND INTEREST ON THE TOWN OF BETHANY’S $5,035,000 GENERAL OBLIGATION REFUNDING BONDS, ISSUE OF 2003 AND $3,845,000 GENERAL OBLIGATION BONDS, ISSUE OF 2006, AND COSTS RELATED THERETO
RESOLVED,
(a) That the Town of Bethany issue its refunding bonds, in an amount not to exceed SIX MILLION FIVE HUNDRED THOUSAND DOLLARS ($6,500,000), the proceeds of which are hereby appropriated: (1) to fund one or more escrows, the balance held in such escrows, together with the investment earnings thereon, to be applied by the Town to the payment in whole or in part, as to be determined by the First Selectman and the Treasurer, of the outstanding principal of and interest on the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 (consisting at original issue of $618,000 General Purpose Bonds and $4,417,000 School Bonds) and $3,845,000 General Obligation Bonds, Issue of 2006 (consisting at original issue of $3,845,000 General Purpose Bonds), including the payment of interest accrued on said outstanding bonds to the date of payment, and (2) to pay costs of issuance of the refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow agent fees, underwriters’ fees, net interest and other financing costs and other costs related to the payment of the outstanding bonds described above. The refunding bonds shall be issued pursuant to Section 7-370c of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town. The Treasurer shall keep a record of the bonds and notes. The First Selectman and the Treasurer are authorized to determine the amount, date, interest rates, maturities, redemption provisions, form and other details of the bonds or notes; to designate a bank or trust company to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to designate the persons to sign such bonds or notes by their manual or facsimile signatures in the name or on behalf of the Town; to designate a law firm to approve the legality of the bonds or notes; to designate a financial advisor to the Town in connection with the sale of the bonds; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.
(b) That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that costs of the refunding may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the refunding. The First Selectman and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.
(c) That First Selectman and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds.
(d) That First Selectman and the Treasurer are authorized to take all other action which is necessary or desirable to enable the Town to effectuate the refunding of all or a portion of the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 and $3,845,000 General Obligation Bonds, Issue of 2006, and to issue refunding bonds authorized hereby for such purposes, including, but not limited to, the entrance into agreements on behalf of the Town with underwriters, trustees, escrow agents and others to facilitate the issuance of the refunding bonds, the escrow of the proceeds thereof and investment earnings thereon, and the payment of the outstanding bonds in while or in part.
(e) That the Board of Selectmen, the First Selectman, the Treasurer, the Board of Education, the Superintendent of Schools and other proper officers and officials of the Town are each authorized to execute and file all necessary applications, agreements and documents in order to obtain grants and to accept such grants, to the extent available, to defray all or any portion of principal and interest on or to pay issuance costs with respect to the refunding bonds authorized hereby.
(f) That the above authorization to issue refunding bonds shall lapse on June 30, 2011.
First Selectwoman Gorski called the vote. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called after a motion was moved by Chairman Brunwin for the Board of Finance and seconded by Chip Spear and by Selectman Shea and seconded by Selectman Thornquist for the Board of Selectmen. The motion was called. The vote taken was unanimous. The meeting adjourned at 6:25 p.m.

Respectfully submitted,

June G. Riley
Secretary
BOARD OF SELECTMEN
OCTOBER 25, 2010
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Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist

Visitors: Attorney Kevin McSherry, Chris Carroll reporter for Bethany Patch

First Selectwoman Gorski called the meeting to order at 7:37 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was to sign checks. First Selectwoman Gorski asked all present 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 September 20, 2010. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous for acceptance without change.

ADDITION TO AGENDA
First Selectwoman Gorski moved to add Signing of the Call of the Special Town Meeting to the agenda of this meeting. There was no objection to this addition.

SIGN CALL FOR NOVEMBER 4, 2010 SPECIAL TOWN MEETING
All Selectmen signed the call for the November 4, 2010 special Town Meeting.

APPOINTMENT OF FIRE POLICE
Appointment of Fire Police was tabled until the next meeting.

WAIVING OF FEE FOR USE OF LAKEVIEW LODGE
The family of Stephen Collins has requested waiving of the fees for use of the Lakeview Lodge for a memorial gathering to celebrate his life on November 21, 2010. The motion to waive the fee was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

Dr. Kimberly McClure Brinton requested an after the fact waiving of rental fee for the use of the Lakeview Lodge for a program she sponsored and was presented by the Department of Agriculture on “Raising back yard chickens.” Due to the popularity of this talk it had to be moved from her location on Amity Road. Since there was no fee for the program the Selectmen all agreed there would be no fee for use of the Lodge.

REQUEST FOR BID PROPOSAL
First Selectwoman Gorski announced that the Town received one bid from SGR Fund Raising to run a fund drive campaign, to raise funds for the building of the Airport Community Recreation Center Project. The only municipality on the reference list using SGR for a fund raiser was the town of New Fairfield. First Selectwoman Gorski will call them for a recommendation.
TAX REFUNDS
Selectman Thornquist moved to refund a total of $2,532.39 to Bryan Galik the sum of $68.77, to Donald Long the sum of $10.00, to Honda Lease the sum of $36.42, to Jeffrey Stoltman the sum of $6.67, to Margaret Maloney the sum of $12.65, to Nick DiGiorgi the sum of $381.84, to Richard Fox the sum of $424.96, to Akbar E. Dar for $42.76, to Brian Walker the sum of $211.70, to Bruce Loomis the sum of $27.55, to Cab East LLC the sum of $148.52, to Chuhua Wan the sum of $13.50, to Daimler Trust the sum of $304.56, to Deborah Kichar the sum of $17.91, to Edmond and Aileen Magda the sum of $26.45, to Elizabeth Thornquist the sum of $5.79, to Financial Service Vehicle Trust the sum of $78.44, to Franklyn Carrington the sum of $11.15, to James Clifford the sum of $23.53, to Joseph Cuccia the sum of $438.59, to Joyce Mosley the sum of $8.54, to Justin Robinson the sum of $3.89, to Kathleen Kirsch the sum of $3.41, to Laura Rondina the sum of $6.25, to Matthew Kichar the sum of $26.45, to Meghan A. Fitzsomons the sum of $2.12, to Melissa and Frederico Lopez the sum of $13.17, to Michael Stacy the sum of $115.36, to Nichiketa Bhatt the sum of $15.98, to Susan Cown the sum of $6.89, to Tracy Simpson the sum of $38.57 all for overpayment of taxes. Selectman Shea seconded the motion. The vote taken was unanimous.

ROAD BOND INFORMATION
First Selectwoman Gorski reported that Chris Martin of Webster Bank will be back to meet with the Board of Finance and Board of Selectmen regarding the bond issue before the upcoming special Town Meeting.

ADJOURNMENT
Adjournment was called at 7:55 after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen