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 Chr – Barrie 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.
