Monday, August 18, 2014


ANNUAL TOWN MEETING & ANNUAL BUDGET MEETING

MAY 19, 2014

 

            The meeting was called to order at 7:15.  First Selectwoman Derrylyn Gorski was absent from the meeting.  Aileen Magda, Selectwoman called the meeting to order at 7:15 p.m.   There were approximately 80 in attendance.  Selectwoman Magda called for nominations from the floor for a Moderator.  A motion to nominate William Blake was made by F. Doba and duly seconded by S. Huyser.  There were no other nominations.

 

            Moderator Blake welcomed everyone to the meeting and announced that the town budget will be going to referendum as decided by the Board of Selectmen.  Items 1 – 19 will not be voted on tonight but will be voted at a S.T.M. after the referendum passes to approve the budget.  

 

Carol Goldberg, 5 No. Humiston Dr – explained that the Board of Selectmen voted to go to referendum.  If the budget passes a S.T.M. will be held to vote on the capitol items.  If it does not pass, it will go back to the Board of Finance for consideration.

 

John Grabowski, 182 Russell Rd - Chairman of Bd. of Finance – We removed the overall appropriation from discussion tonight.  The individual capitol items are normally discussed at this meeting but will be discussed at a S.T.M. after the budget passes.

 

Selectwoman Magda stated that they voted to go to referendum to give more townspeople a chance to vote.  Otherwise, just the people in this room tonight can vote on the budget.  We wanted to expand it to everyone in town.  Town Counsel McSherry stated that items can be removed from the call of the meeting if the Selectmen so wish.

 

Fran Doba, 980 Amity Rd – Ass’t. Tax Collector – what happens if the budget does not pass?  What happens if the tax bills have been printed and sent out?  Town Counsel McSherry stated that it would be based on last year’s budget – one bill based on the first part of the year. The second half is recalculated once you have an approved budget.   Another alternative would be to do a bond but didn’t recommend it.

 

Chris Pittenger, 98 Farm View Rd –Bd. of Ed member - Can capitol items be voted or disapproved at S.T.M?  Grabowski - The overall budget will not be up for debate but the individual capitol items will be?  Yes.

 

Item (1) on call – RESOLVED:   that the recommendations of the Board of Finance upon the Budget for fiscal year beginning July 1, 2014 amounting to $22,691,004  be, and hereby are accepted and approved.  Not voted.

 

Item (2) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $72,053 for the second of three payments of a lease purchase for a dump truck by the Board of Selectmen for the Highway Department.  Not voted.

 

Item (3) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $65,683 for the third of three payments of a lease purchase for a 5 yard dump truck  by the Board of Selectmen for the Highway Department.  Not voted.

 

 Item (4) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $46,678 for the third of three payments of a lease purchase for a back hoe by the Board of Selectmen for the Highway Department.  Not voted.

 

Item (5) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of   $67,000 for the purchase of a mason dump truck by the Board of Selectmen for the Highway Department. Not voted.

 

Item (6) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $20,000  by the Board of Selectmen for a fence and gate across the field and roadway in the rear of Bethany Town Hall. Not voted.

 

Item (7) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $13,365 for dog park fencing by the Board of Selectmen.  Not voted.

 

Item (8) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $10,000 for new doors and hardware at the Bethany Community School by the Board of Education.  Not voted.

 

Item (9) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $20,000 for the replacement of Annex III lighting and new ceiling at Bethany Community School by the Board of Education.  Not voted.

 

Item 10) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,000 for painting at the Bethany Community School by the Board of Education.  Not voted.

 

Item (11) on call - RESOLVED:  that the Selectmen be, and hereby are authorized  to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,000 for bullet resistant glass at the Bethany Community School by the Board of Education.

Not voted.

 

Item (12) on call - RESOLVED:  that  the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for the replacement of playscape at the Bethany Community School by the Board of Education.  Not voted.

 

Item (13) on call –  RESOLVED: that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for the second of two payments of a lease purchase for the replacement of school furniture for the Bethany Community School by the Board of Education.  Not voted.

 

Item (14) on call – RESOLVED:   that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $22,000 for the second of three payments of a lease purchase for security cameras for the Bethany Community School by the Board of Education.  Not voted.

 

 Item (15) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,500 for the second of three payments of a lease purchase for wireless infrastructure at the Bethany Community School by the Board of Education. Not voted.

 

Item (16) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $25,000 for rebuilding of pump on engine 81 by the Bethany Volunteer Fire Department.

Not voted.

 

Item (17) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $11,000 for the purchase of a thermo imaging camera by the Bethany Volunteer Fire Department.  Not voted.

 

 

Item (18) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for a website for the Town of Bethany by the Board of Selectmen.  Not voted.

 

Item (19) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $100,000 to the Land Acquisition Fund by the Board of Selectmen. Not voted.

 

Item (20) on call – RESOLVED:  that the Board of Finance be, and hereby are authorized to transfer up to $70,000 from unexpended line item accounts and the General Fund to the Public Works budget.  A motion was duly moved and seconded to move the resolution to a vote.

 

John Garcia, 190 Fairwood Rd – Bd. of Ed member – what are we talking about in over expended items?  That is a general statement.  Grabowski - $35,000 is for snow and ice removal; the other possible $35,000 is for contracted services – road repairs, tree removal and trimming - $7,000 for emergency tree removal 

 

Pittenger - What fraction is from unexpended line items and what fraction is from general fund?  Bob Brinton, 68 Knollwood Rd -Bd. of Finance member stated that that is unknown at this point.

 

 

Don Shea, 48 Deerfield La - Selectman – has Bd. of Finance been made aware of the overage or has it come up recently?  Why not ask for the money as needed or stop cutting the trees down. 

 

Grabowski – we knew for some time that it would be an issue.  In some cases it was necessary to do the cutting.

 

Alan Green, 583 Carrington Rd – Highway Foreman - many trees posed a threat to the general public.  I get phone calls daily.  Five years ago I asked for funds from the contingency and the Bd. of Finance asked how many trees.  We spent two weeks counting trees from Rte 63 to the Hamden town line was approximately 500 trees and then Rte. 63 to the west side were approximately another 500 - 1,000 trees in all.  Road work needed to be done, as well as some trees had to come down.

 

Magda – Anything over $5,000 has to go out to bid.  If it’s an emergency we have to take it down but this was week after week.  We should be able to look at the individual department budgets and see if there is an issue.  How is that being addressed?

 

Grabowski stated that the biggest challenge was the technology support system over the past few months.  We in fact needed to make our own spread sheets. When I first started the support system was solid. Now we need to look at another system because of lack of support through IMG; they have sold out and since, the service has gone down.  We are in the process of looking at different systems.  Some are very expensive.  Quick Books is being considered.  We would like to switch over by July 1.

 

Pat Stewart, 79 Meyers Rd – suggested that Trees Inc. has done a great job throughout the town, however, felt there should be more supervision.

 

There were no further comments.  Overwhelming yeas.  Approved.

 

The Moderator asked whether to dispense the reading of the resolutions.  A comment was made that what is being read by the Moderator is different from what was sent to the households.

 

Sharon Huxley, 340 Old Mill Rd – Bd. of Finance member stated that if there is a discrepancy in the wording we wouldn’t know given that what we have is different from what the Moderator is reading.

 

Garcia – if the resolutions are not read we do not know if the wording is correct.  My understanding is that some of the items in Resolution (22) are incorrect.

 

The vote taken to dispense reading the resolutions was overwhelming nays.  The resolutions will be read.

 

Item (21) on call -  RESOLVED:  that the Town Meeting of the Town of Bethany hereby approves the Board of Selectmen’s appointment of Alexandra Breslin, of 91 Sperry Road,  Bethany, Connecticut, as its member of the Regional Policy Board of the South Central Regional Water Authority for a three-year term beginning July 1, 2014 and expiring June 30, 2017.  A motion was duly moved and seconded to move the resolution to a vote.

 

The Moderator stated that the Bd. of Selectmen have made the appointment and the purpose of the resolution is to affirm it.

 

There were no comments. Unanimous.  Approved.

 

Item (22) on call –  Be it resolved that the Code of the Town of Bethany Building Construction Chapter 114 – 7C Fees be amended as proposed by Robert Walsh, building inspector, as follows:

a(a) Residential Mechanical Permits shall be $50.00 for the first thousand dollars of the job cost and increase $10 for every thousand dollars thereafter.

b(a) Residential Building permits shall be $50.00 for the first thousand dollars of job cost and increase $14.00 for every thousand dollars thereafter. * See amendment below.

c(a) Commercial Building & Mechanical permits shall be $50.00 for the first thousand dollars of job cost and increase $23.00 for every thousand dollars thereafter.  ** See amendment below.

d(b)Certificate of Occupancy fees shall increase to $40.00 for Residential work.

e(c) Certificate of occupancy fees shall increase to $60.00 for Commercial work. 

f(d) Certificate of Approval fees for Residential and Commercial shall be established at $25.00 (new).

 

All work that does not require a Certificate of Occupancy shall require a Certificate of Approval.

 

Robert Walsh, Building Official stated that (a) (a) should be amended to read  *Residential.

 

There was a motion made, duly seconded to amend the resolution.  Unanimous.  Approved.

 

Kristine Sullivan, 783 Amity Rd – IWC Vice chr – Commercial building permit is its own and should say **Commercial Building & Mechanical permits…(3rd a)

 

Bruce Loomis, 11 Sabrina Dr – Connservation Comm Chr – this was obviously poorly written and incorrectly numbered.  I would respectfully suggest that all motions and amendments be withdrawn, rewritten and resubmitted.

 

Alexsandra Breslin, 91 Sperry Rd – IWC Chr - asked that (a) (a) (a) be given separate letter categories to avoid confusion.  A motion was made and duly seconded to amend (Commercial Building and Mechanical) and separate the items in Resolution #22 to read a, b, c, d, e, f…

 

Sullivan – Commented that if already charging a fee - should not be another $25 for a Certificate of Approval.  (No vote taken on this comment)

 

All in favor as amended overwhelming yeas. Approved.  See bold print above.

 

Item (23) on call –Be it resolved that the Code of the Town of Bethany Chapter 184.9 A. (2) be amended to double the tax credit allowed for the schedule commencing on the grand list of October 1, 2013.  A motion was duly moved and seconded to approve the resolution.

 

Russell von Beren, 134 Wooding Hill Rd – what is it now and what is it going to be?  Magda - currently $35,000 and will be doubled to $70,000.

 

James Stirling, 20 Miller Rd- Amity BOE – in favor of increases.  Are there any other categories of residents?  No.

 

Matthew Kichar, 638 Bethmour Rd – We are falling behind other towns.  Senior citizens pay their taxes over the years and are being neglected.  Seniors tell me all the time I can’t afford to lease a new car. They’re driving a car 15 years old and they want to stay in Bethany.  I personally believe their choice of a car should be tax free. I would like to see it amended and going forward take care of our senior citizens.

 

Doba - what does it mean in lost revenue to the town and in tax increases to residents? 

 

Grabowski stated that it won’t affect the revenue but it will affect the mil rate.  It comes out to roughly $24 to the average taxpayer.

 

There were no further comments. Unanimous.  Approved.

 

Item (24) on call - ARTICLE I.          LAND USE-RELATED APPLICATIONS

§ 129-1.           Fee schedule established.

 

Pursuant to Section 8-1c of the Connecticut General Statutes, the following schedule of fees

shall pertain to the processing of applications by the Planning and Zoning Commission, the Zoning Board of Appeals, and the Inland Wetlands and Watercourses Commission, and the Zoning Enforcement Officer; and such fees shall be paid at the time the application is filed:

 

NOTE: Any non-ordinary specifically required consultant review fees, Engineering, Special Counsel and/or Planning or other similar special Consultant fees required by the Commission are in addition to these fees and must be paid prior to signing of mylar map, filing of map or ZEO issuance of permit as may be applicable.

 

A.        Zoning permit for zoning approval of construction:

1.         Residence or residential property:

a.         New construction:

            (1)By ZEO: One hundred twenty five dollars ($125)

            (2) By Commission: One hundred fifty dollars ($150)

b.         Addition:

(1)        By ZEO: Seventy five dollars ($75)

(2)        by Commission One hundred dollars ($100)

c.         Modification to existing, valid permit:

(1)        By ZEO: Fifty dollars ($50)

(2)        By Commission: One hundred dollars ($100)

d.         Site Plan Review:

(1)        By ZEO: One hundred seventy five dollars ($175)

(2)        By Commission: Two hundred dollars ($200)

 

2.         Business or business property:

a.         New construction:

(1)        By ZEO: Two hundred twenty five dollars ($225)

(2)        By Commission:  Two hundred fifty dollars ($250)

 

b.         Addition:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission:  One hundred fifty dollars ($150)

c.         Modification to existing, valid permit:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission: One hundred fifty dollars ($150)

d.         Site Plan Review:

(1)        By ZEO: Three hundred twenty five ($325)

(2)        By Commission: Three hundred fifty dollars ($350)

e.         Change of use:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission: One hundred fifty dollars ($150) 

 

B.        Special Exception permit, with required public hearing: Three hundred dollars *($350)

 

C.        Subdivision:

1.         Per lot fee for subdivision without public hearing:  Three hundred dollars ($300)

2.         Per lot fee for subdivision or re-subdivision with public hearing: Three hundred fifty         dollars ($350)

3.         Special Exception rear lot; application fee, with public hearing: Three hundred fifty           dollars ($350)

4.         Per lot fee for special exception rear lot: One hundred fifty dollars ($150)

5.         New road review fee, per 100 feet or any portion thereof: One hundred dollars ($100)

 

D.        Zoning change:

1.         Text change (each): Five hundred fifty dollars: ($550)

2.         Map change (each): Five hundred seventy five dollars: ($575)

 

E.         Home occupation, professional office, or roadside stand permit: Seventy five dollars         ($75)

F.         Certificate of Zoning Compliance:

1.         Residential: Fifty dollars ($50)

2.         Business: Seventy five dollars ($75)

 

G.        Sign Permit: Fifty dollars **($75)

H.        Temporary sign or other permit: ($50)

I.          Hearing petition: Three hundred fifty dollars ($350)

 

J.          Earth removal:

1.         Administrative permit: Three hundred dollars ($300)

2.         Special Exception permit, requires public hearing: Five hundred fifty dollars ($550)

K.        Flood Hazard Area permit: Two hundred fifty dollars ($250)

L.         Hearing fee, if not included above: Three hundred fifty dollars ($350)

M.        Zoning Board of Appeals applications with required public hearing: Three hundred fifty   dollars ($350)

 

N.        Inland Wetlands and Watercourses Commission applications

            (NOT ADDRESSED IN THIS DOCUMENT)

 

State of Connecticut Land Use Application Fee shall be in addition to the above stated fees. This fee shall be applied as required by the Connecticut General Statutes.

 

A motion was made and duly seconded to amend (B) from three hundred to *three hundred fifty and (G) from fifty to **seventy-five.  Unanimous. Approved.

 

Irma Nesson, 50 Oak Ridge Dr - how much has each item increased?   Isabel Kearns, ZEO - fees by commission $50 other fees $25.

 

Garcia – Item (1) should be clarified.  What are the fees?  Should it say as specified elsewhere?

 

Kevin McSherry, Town Counsel – the commission has the ability on a case by case basis to hire an engineer to do work and that applicant is required to pay that particular fee.

 

Sullivan – it states must be paid prior to filing of mylar but if there is no approval then no mylar signed.  I have issue with that paragraph.  It doesn’t explain the process, whether money should be given back to the applicant.  It needs more clarification. This paragraph does not say what it should say.   I make a motion to table this item. 

 

A motion was made and duly seconded to Table Resolution #24.  The vote taken was unanimous in favor.  Tabled.

 

Item (25) on call - Be it resolved: that the Town of Bethany shall pay to the Municipal Employees Retirement System the sum of $39,781.00 in order to complete the Town’s obligation to commence the pension for the public works employees effective July 1, 2005. In 2005, the Town of Bethany appropriated the sum of $82,769.00 and paid to MERS the sum of $51,000.00 upon acceptance into the MERS system on or about July 1, 2007. The remaining $31,769.00 was returned to the general fund awaiting the calculation from MERS for the initial two years from July 1, 2005 to June 30, 2007.  MERS has completed the calculation for the time period July 1, 2005 to June 30, 2007 and that calculation results in the payment of the aforementioned $39,781.00 of which $31,769.00 had been previously estimated to be the cost for the first two years of the pension plan.  A motion was made and duly seconded to approve the resolution.

 

There was a motion made and duly seconded in favor of the resolution. Unanimous.  Approved.

 

Item (26) on call - BE IT RESOLVED: that the Town of Bethany appropriate an amount not to exceed $131,062.00 for the one time premium payment for the purposes of selling MIRMA ‘s entire business portfolio to Safety National Insurance Company and thereby, eliminating any future assessments from MIRMA.  A motion was made and duly seconded to move the resolution to a vote.

 

Ruth Beardsley, 820 Litchfield Tpke – please explain.  Grabowski - It is an insurance company that has gone out.  It is an insurance cooperative that we were part of.  Janet Brunwin, 333 Downs Rd asked if it is coming from the general fund.  Yes.  Not part of operating budget.

 

There were no further comments.  Overwhelming yeas.  Approved.

 

Item (27) on call - RESOLVED:  that the (Board) of Selectmen be, and hereby are authorized and empowered to enter into agreements on behalf and in the name of the Town of Bethany with the Department of Transportation of the State of Connecticut for the expenditure of funds available to the Town of Bethany during the 2013-14 (2014-15) fiscal year for the maintenance, repair and the building of roads.  A motion was made and duly seconded to move the resolution.

 

Anna McDonnell, 5 Rowe Ct – Shouldn’t it be Board of Selectmen?  Esposito - should it be 2014-15 also.  Motion made to make two amendments.  Unanimous approval.

 

Item (28) on call - RESOLVED:  that the reports of the Town Officers, Boards and Commissions for the fiscal year ending June 30, 2013 as contained in the printed 2012-13 Annual Town Report be accepted and ordered filed.

 

No comments.  Unanimous.  Approved.

 

Item (29) on call – Other matters proper to come before the meeting. 

 

Richard Barnes, 534 Bethmour Rd - Why is the fee for residents and businesses different?  Residents $125, businesses $225.  People are struggling to make a few bucks.  Fees should be the same.  I also have a comment that people please speak up at the meeting so that everyone can hear.

 

Roger Hathaway, 350 Amity Rd – you are not availing people of the opportunity to express themselves.  We wanted to put the capitol items in but what we are here to discuss we can’t do at referendum.  Magda - it is to give people the opportunity to vote on the budget.

 

Pittenger  - Why have a referendum for the people who didn’t hear the dialogue?  This is our form of government.

 

Magda suggested a reverse 911call to get the word out.

 

Moderator Blake stated that June 2 is the date to be discussed for the referendum.  A motion was made and duly seconded to move the date to a vote.

 

Pittenger – concerned about the consequences if voted down. 

 

von Beren – More towns in the state are now going to referendum.  People ask why are taxes going up and other questions.  I am in favor of a referendum

 

B. Bachenheimer, 57 Ralph Rd – is there time for absentees?  Yes.

 

Chip Spear, 38 Johnson Rd – Bd. of Finance member – after discussion about dates stated that June 2 be used for logistical reasons. 

 

Breslin – Can this legislative body deny that?  McSherry - Once Selectmen move an item be removed from the call then it must go to referendum. 

 

Sullivan – “horrified by entire process”.  This used to be a town where everyone got together.  It has disintegrated.  I would like to see this town work for the good of the town and we are not.  I think the money for a referendum is wasteful and could be better spent.

 

Doba - what if every date is voted down?  McSherry - The Bd. of Selectmen will set the date.

 

Barnes - Sounds good to have a referendum but those who are not here have missed out on the discussion.

 

Thomas Hunt, 809 Carrington Rd – my opinion is it will not pass and we will run out of time before the tax bills are due to go out.

 

Nesson - If you care about the town then you will get to the town meeting and vote.

 

Loomis – not first time going to referendum.  Maybe we should change our form of government.  I am not in favor of that but it should be one way or the other.

 

Motion made and duly seconded to go to referendum on June 2.  Overwhelming yeas.  Approved.

 

John Grabowski, Chm Bd of Finance – stated that revenues increased by $50,000.  We voted to double the senior tax credit so the new mil rate is 34.8, a 4.5 % increase with an average of $370 per tax bill.

 

There were no further questions or comments.  A motion was made and duly seconded to adjourn the meeting.  The meeting adjourned at 9:20 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Nancy A. McCarthy, CMC

                                                                                    Bethany Town Clerk