Monday, August 18, 2014


 SPECIAL TOWN MEETING

JULY 24, 2014

Town Budget

 

            First Selectwoman Derrylyn Gorski called the Special Town Meeting to order at 7:16 p.m.  There were approximately 30 in attendance.  The meeting began with the First Selectwoman asking everyone to stand for the Pledge of Allegiance.

 

            First Selectwoman Gorski asked for nominations from the floor for a Moderator.  There was a motion made by Jean Swanson, duly seconded to nominate Bill Blake.  There were no further nominations.  Moderator Blake welcomed everyone to the meeting. 

 

Item (1) 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.

 

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

 

John Paul Garcia, 190 Fairwood Rd - wanted to clarify what is to be acted on.  He stated that the resolutions should be accurate and that what is being read still does not match what was sent out.

 

There was no further discussion.  Unanimous.  Approved.

 

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  $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.

 

There was a motion made by John Paul Garcia, duly seconded by Melissa Spear to adopt the resolution. No discussion.  The Moderator called the motion.  Overwhelming yeas.  Approved.

 

 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  $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.

 

There was a motion made by Kristine Sullivan, duly seconded by Sharon Huxley to adopt the resolution. No discussion.  The Moderator called the motion called.  Overwhelming yeas.  Approved.

 

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  $20,000  by the Board of Selectmen for a fence and gate across the field and roadway in the rear of Bethany Town Hall.

 

There was a motion made by A. Magda, duly seconded M. Spear to adopt the resolution.

 

Garcia – where will the fence be put?  Resident Trooper Dave Merriam stated that the fence is to protect the field where there is an active playground.  It will start at back of town hall and run up to where the superintendent parks.  There will be a gate – 6’x6’ wood with access - closed during the day.  The Fire Dept. will have a key.  It will be gated up to the annex.  Homeland Security had concerns about safety.  Garcia – who will maintain it? – the town.

 

Allene Kelly, 208 Schaffer Rd – there are two large appropriations that we won’t have next year.  I propose that we table this until next year.  Kathleen Ross agreed.  If it is tabled it would have to be brought up at a S.T.M. or next Annual Town Meeting.

 

Sheila Wade, 150 Litchfield Tpke – If the town has decided to do this and it is a number one priority by Homeland Security why are we hesitating to do it?

 

Garcia – why not do something more secure?

 

Janet Finneran, 648 Carrington Rd – we are looking at the safety of the children but I agree with John Paul that it should be more secure.

 

A motion made, duly seconded to table.  Overwhelming nays. Not tabled.

 

Mary Shurtleff, 34 Virginia Rail  Dr – asked about design of the fence.  Merriam – it is a security fence that will block access to the school.  Chain link is overkill and not aesthetic.

 

Chip Spear, 38 Johnson Rd – Bd. of Finance – to clarify, the security is from cars going onto the lawn.

 

Kelley – I think we should defeat this and wait until next year.

 

There was no further discussion.  The Moderator called the resolution.  Unanimous approval.  Approved.

 

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  $10,000 for new doors and hardware at the Bethany Community School by the Board of Education.

 

There was a motion made by Garcia, duly seconded by Finneran to adopt the resolution.

 

No discussion.  Overwhelming yeas. Approved.

 

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 for the replacement of Annex III lighting and new ceiling at Bethany Community School by the Board of Education.

 

Withdrawn.  First Selectwoman Gorski stated that there was money left in the school budget so rather than use as a capitol item it was withdrawn by Superintendent Barile.

 

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 $10,000 for the replacement of playscape at the Bethany Community School by the Board of Education.

 

There was a motion made by Garcia, duly seconded by Pua Ford to adopt the resolution.

 

Kelley – felt it is not necessary – doesn’t get much use.  There are games that can be played at no expense and can teach team sports.

 

Spear – Playscape is used many times during the evenings and weekends when school is not in session. 

 

There was no further discussion.  Overwhelming yeas. Approved

 

Item (8) 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.

 

The motion was duly called and seconded.  No discussion.  Overwhelming yeas.  Approved.

 

Item (9) 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.

 

The motion was duly made and seconded.  No discussion.  Overwhelming yeas.  Approved.

 

 Item (10) 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.

 

The motion was duly made and seconded.  No discussion.  The Moderator called the motion.  Overwhelming yeas.  Approved.

 

Item (11) 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.

 

A motion was made by Aileen Magda, duly seconded by Don Shea to call the motion.  No comments.  Overwhelming yeas.  Approved.

 

Item (12) 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.

 

A motion was made and duly seconded to adopt the resolution.

 

Patsy Winer, 7 Carrington Rd – explain the function of the camera. 

 

Melissa Spear, 30 Amity Rd – can we share a camera with Woodbridge?

 

Merriam – pretty much all departments have them.  It searches for body heat to find victims.   You can’t really share because of the urgency when needed.

 

Sharon Huxley, 340 Old Mill Rd – Bd. of Finance – we were told that it is actually a reconditioned camera. 

 

There were no further comments.  The Moderator called the motion.  Overwhelming yeas.  Approved.

 

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 a website for the Town of Bethany by the Board of Selectmen.

 

A motion was made and duly seconded to move the resolution to a vote.

 

First Selectwoman Gorski stated that we need a new website. 

 

Finneran – will there be maintenance cost?  Yes.

 

Why necessary?  Gorski – current website was developed in 2005.  Each department will be able to post their own updated information.

 

There were no further comments.  The Moderator called the motion.  Overwhelming yeas.  Approved.

 

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 $25,000 to the Land Acquisition Fund by the Board of Selectmen.

 

Barrie Collins, 339 Brookwood Rd – Three-quarters of the budget is education and can’t do much about it. Putting money in the Land Acquisition Fund is a way to control how our town is developed.  There are large parcels of land totally unprotected.  We need money in Land Acquisition each year for when the opportunity arises.

 

Bruce Loomis, 11 Sabrina Dr – Conservation Comm ChrBarrie covered the importance of this very well.  Due to budgetary concerns the Land Acquisition Fund has suffered.  This is money invested in yourself and your town.

 

Jean Swanson, 352 Amity Rd – people talk about staying rural but then don’t vote for the money to be put in.

 

A motion was made and duly seconded to adopt the resolution.

 

There was no further discussion.  The Moderator called the motion.  Unanimous.  Approved.

 

Item (15) on call – RESOLVED:  that the Code of the Town of Bethany is hereby amended by revising Article I 9 (”Zoning-Related Applications”) of Chapter 129 as follows:

 

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:

 

Tabled -(Fees for outside consultants* as specified on the adopted fee schedule are to be assessed and administered as follows:

 

The Commission by majority vote may elect to retain outside, specialized consultants with expertise not possessed by its regular staff or consultants.  It may also retain such outside consultants in the case of a clear conflict of interest.

 

The Commission may select up to three consultants and ask them for proposals for projected costs for such items as reviewing and commenting on the application, preparing reports, attending public meetings and making presentations as needed with regard to a specific application.

 

The Commission will then vote to select the consultant based on the information submitted to it and the fit of the outside consultant’s skill with the tasks contained in the application.

 

Upon notification of being retained, the outside consultant shall then prepare and sign a letter of agreement with the Town of Bethany for the specified services.

 

1)      The applicant shall provide the fee in full to the Town in advance of any review work on the application.

2)      The outside consultant will then perform the services as contained in the agreement at the rate and for the amount specified in the agreement.

3)      The Commission may deny any application for which a fee or fees are due, as being incomplete. 

4)      Any part of the submitted fee which is not used in performance of the tasks as outlined in the letter of agreement shall be returned to the applicant within 30 days of the Commission’s action on the application.  The only exception is for the possibility of litigation which may require the outside consultant to spend more time and resources than as had been stated in the letter of agreement.

*Outside consultants are those specialized consultants who are not on the normal staff and normal consultant retainers.)

 

( ) The preceding section in bold parentheses and italics has been TABLED.

 

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 fifty 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 ($50)

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

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

 

J.       Earth removal:

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

2.      Special Exception permit with  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 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 by Garcia and duly seconded to adopt the resolution.

 

Michael Kaloyanides, 150 Litchfield Tpke – why are fees increasing? 

 

Kristine Sullivan, 783 Amity Rd - IWC – consultants are a big part of it.  Kaloyanides -Could this increase burden the applicants?  Sullivan - Trying to avoid the taxpayer from paying for the expert. If you go to court the commission should have an expert at their disposal. It allows the commission to have the ability to accept a reasonable fee.  I don’t agree with paying when application is filed.  In my opinion this is not workable within the time a commission has to work on it.  It is flawed and should not be adopted.

 

The Moderator stated that it does not look like a fee would be collected for an expert at time application is filed but later on in the process.

 

Garcia – regarding what Kris has said.  Idea is sound but it needs to be looked at closer.  Applicant needs to know that fee is to be supplied up front.  Item 4 - only exception is for possibility of litigation…  If applicant is going to court the money could be used to litigate against the applicant.  It behooves the town to do this but needs to be done up front before any work is done or if not done application deemed incomplete and money returned. 

 

Huxley – very concerned about process – actually never says when the applicant is going to pay; it only says the commission’s standard fees have to be paid.  Strongly suggest having the consultant’s fee paid for by the applicant but concerned about process. This process will not fit into the State statutory requirements for the time allowed for an application. I recommend that the first half not be passed until fixed to make the process more clear as to when an applicant must pay.   

 

Town Counsel McSherry – very strict process that needs to be followed.  With Wetlands applicants stay to the process or go to DEEP – they have a consultant but it generally does not hold up the applicant.  With Planning & Zoning if consultant holds up the process, commission could be faced with voting down an application that may have jeopardies attached to it in the courtroom.  If consultants fee not quite right, judge could find an argument.

 

Garcia – we should pre-qualify four or five consultants. McSherry – Planning &  Zoning Regulations are not helpful  for consulting issues. I recommend tabling the first section (Article I - through consultant retainers) up to A.  Zoning permit for approval of construction….

 

Sullivan – first paragraph needs to stay in.

 

Finneran – made a motion to amend and table first half and pass second half.

 

Motion to table first proposal.  Overwhelming yeas.  Approved.

 

Motion to divide the question.  Overwhelming yeas.  Approved.

 

Moderator - How to divide?  Keep in Article I – consultant retainers.)  Portions of the land use related applications revisions.

 

Motion made and seconded to approve the revisions.

 

Sullivan – putting a lot of extra cost on the average taxpayer.  I think Zoning permit fees, specifically by ZEO are too high. 

 

Overwhelming yeas.  #15 as divided passes.  Approved.

 

The Moderator then addressed the portion not considered.  Beginning with Fees for outside consultants and ending with …through consultant retainers.

 

Sullivan - hand back to commission for reconsideration of how it is phrased.

 

No one present from Planning & Zoning to comment. 

 

Garcia – can the commission amend it? McSherry - No - must go to STM.  For now if a consultant is needed, the Bd. of Selectmen must approve it.

 

Selectman Gorski stated that other items will be coming up for town meeting in the next few months and this can be added to the agenda.

 

The Moderator called the motion.  Unanimous to table the portion in parentheses and italics.  Approved.

 

There were no further comments.  The meeting adjourned at 8:35 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Nancy A. McCarthy, CMC

                                                                                                Town Clerk

 

8:35p.m.