BOARD OF FINANCE

SPECIAL MEETING

FEBRUARY 3, 2015

DRAFT

Attendance:  Chairman John Grabowski, Sharon Huxley, Sally Huyser, John Ford IV, Robert Brinton Jr.

Absent:  Chip Spear

Visitors:  First Selectwoman Derrylyn Gorski, Hiram Peck, Isabel Kearns, Robert McSherry, Michael Barrista, Rod White, Kim Brinton, Selectman Donald Shea, Selectwoman Aileen Magda

Chairman Grabowski called the meeting of the Board of Finance to order at 7:08 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall. 

APPROVAL OF MINUTES

Chairman Grabowski called for approval of the minutes of January 20, 2015.  The motion of approval was moved by John Ford IV and seconded by Sharon Huxley.  Sharon moved to amend the minutes regarding the details of the Town Clerk’s Preservation Account.  Town Clerk Nancy McCarthy reported that a portion of the revenue received into the Historic Preservation Fund under Public Act 00-146 can be used for community investment, i.e. book shelves or special equipment at Town Hall. The amended minutes were then accepted on a vote of 4 yes votes and 1 abstention that of Robert Brinton Jr. 

Chairman Grabowski called for approval of the minutes of December 9, 2014.  The motion of approval was moved by John Ford IV and seconded by Sharon Huxley.  Sharon then amended the minutes by adding that Sandra Wellwood had distributed to the Board of Finance a separate document containing information on internal controls for the Town.  The amended minutes were then accepted on a unanimous vote.

FIRE DEPARTMENT

Chief Robert McSherry presented the Bethany Volunteer Fire Department budget.  There is a $5,650 increase over the last year’s recommended budget being requested.  The operating budget remained flat, however the increase in the request is for a computer back up system.  He then reviewed with the Board the Capital Expenditure requests of the department.  The communication system request for radio equipment was discussed.  The proposal is for $1,850,000.  This is only an estimate as location of antennas and other information will be needed to give an accurate total cost.  The second request is for replacement of engine 83 for a cost of $575,000 and the third request is for tires on four apparatus per NFPA regulations for $11,000.  Their total request for Capital Expenditures is $2,436,000.  Robert explained that the fire truck would take one year to build. 

LAND USE BUDGET

Kim Brinton, Chairman of the Planning and Zoning Commission presented a proposal to the Board of Finance of $21,000 to update the Zoning Regulations. Hiram Peck, Land Use Consultant spoke to the Board about the need for these revisions.  The expenditure could be spread over two years as it will take at least fourteen months to complete.  The Commission would also like to increase Hiram’s salary from $1,000 per month to $1,200 per month.  Hiram would like to modify the Sub-division Regulations after the Zoning Regulations have been completed. 

Isabel Kearns briefed the Board on the Land Use operating budget.  There was no significant change from last year.

FIRE MARSHAL

Rod White went over the budget of the Fire Marshal/Emergency Management.  Rod attached a letter explaining to the Board slight modifications to his budget.  In his five year plan he is requesting a replacement vehicle for the one he is presently using.  His present vehicle is a used police cruiser with 100,000 miles on it.  Rod is also requesting funding for compensation for his Deputy Fire Marshal in the event of his absence or when his assistance is required.  He would also like to have funding for the CERT for training, equipment since the State/Federal funding has dropped off and without this, the Team will cease to exist.

SCHEDULE FOR NEXT MEETING

The Board of Finance scheduled Conservation Commission, Library, Health and Park and Recreation for the February 10, 2015 meeting.

ADJOURNMENT

Adjournment was called at 9:15 p.m. after a motion was moved by Sally Huyser and seconded by John Ford IV.  The vote taken was unanimous.

                                                                                                                Respectfully submitted,

                                                                                                                June G. Riley

                                                                                                                Clerk, Board of Finance

 

 

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BOARD OF FINANCE

SPECIAL MEETING

JANUARY 20, 2015

Page 1 of 2

 

 

DRAFT

Attendance:  Chairman John Grabowski, Sally Huyser, John Ford IV, Robert Brinton Jr., Sharon Huxley, Chip Spear

Visitors:  Mario Panogrosso, First Selectwoman Derrylyn Gorski, Nancy McCarthy, Francis Doba

Chairman Grabowski called the meeting to order at 7:11 p.m.  The meeting was held in the Conference Room of the Bethany Town Hall. 

APPROVAL OF MINUTES

Chairman Grabowski called for a motion of approval for the minutes of April 18, 2014.  The motion of approval was moved by Robert Brinton Jr. and seconded by Sally Huyser.  The minutes were approved on a unanimous vote. 

Chairman Grabowski called for a motion of approval for the minutes of April 9, 2014.  The motion was moved by Sharon Huxley and seconded by John Ford IV.  The minutes were approved on a unanimous vote.

Chairman Grabowski called for a motion of approval for the minutes of the meeting of October 15, 2014.  The motion of approval was moved by Sharon Huxley and seconded by Robert Brinton Jr.  The vote taken was unanimous.

The motion to approve the minutes of the meeting of November 11, 2014 was moved by Robert Brinton Jr. and seconded by Sharon Huxley.  The vote taken was unanimous.

The Chairman called for a motion of approval for the meeting of November 19, 2014.  The motion was moved by Robert Brinton Jr and seconded by John Ford IV.  The vote taken for approval was unanimous. 

Chairman Grabowski called for a motion to approve the minutes of the meeting of January 13, 2015.  The motion of approval was moved by Sally Huyser and seconded by Robert Brinton Jr. to approve the minutes as written.  The vote taken was unanimous.

BUDGET 2015-16

The Board discussed in detail the dates for the Budget Hearing.  Since Chairman Grabowski will be away April 20, 2015 he would like to move the hearing to April 13, 2015 if this is acceptable by law.

Kim Brinton would like to present her budget requesting an increase to update the regulations.  This would require additional monies for the services of Hiram Peck to do this. 

The Board then scheduled January 27, 2015 for Land Use, Fire Department, and Public Works if they are ready.  February 3, 2015 would be for Health, Public Safety and Registrar of Voters.  On February 10, 2015 the Board would like to see Library and Park and Recreation.  All schedules are tentative depending on the availability of the department heads to present these budgets.    

ASSESSOR’S BUDGET

Mario Panogrosso, Assessor was present to go over his budget with the Board of Finance.  He was able to reduce his budget by 2% or $258 less than last year.

TOWN CLERK’S BUDGET

Nancy McCarthy, Town Clerk presented her budget.  Nancy was able to keep her budget flat.  Discussion took place regarding the Historic Preservation Grant and the progress that has been made in the preservation of old land records from this grant. 

QUICK BOOKS

Quick Books set up is not complete.  Accounts Payable is still being handled to the IFIPS program with IMG.

ADJOURNMENT

Adjournment was called at 8:10 after a motion was moved by Sally Huyser and seconded by John Ford IV.  The vote taken was unanimous.

                                                                                                Respectfully submitted,

                                                                                                June G. Riley, Clerk Board of Finance

                                                                                                                               

 

BOARD OF FINANCE

DECEMBER 9, 2014

Page 1 of 8

DRAFT

Attendance:  Chairman John Grabowski, Sharon Huxley, John Ford IV, Robert Brinton Jr., Chip Spear, Sally Huyser, First Selectwoman Gorski

Visitors:  Sandra Welwood, Michael Battista

Chairman Grabowski called the meeting to order at 7:05 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall. 

CHAIRMAN’S REPORT

Chairman Grabowski gave the Board of Finance members an update on the recent Amity Finance Committee meeting.  The Committee went over the final audit for Amity.  The Amity Finance Committee discussed what could be done with the surplus.  It was determined that each town would receive a refund in proportion to their assessment.  Bethany will receive a refund of $12,559.

  Amity had a sewage problem which caused quite a bid of damage, however the damage will be covered by insurance.

 The first draft of the Amity budget for fiscal year 2015-16 will be available on January 5, 2015 for the first presentation.  The Superintendent would be willing to come to a Board of Finance meeting to discuss details of this budget before the formal presentation.  Following discussion it was determined that they would wait until the regular presentation. 

TOWN AUDIT PRESENTATION FISCAL YEAR 2014-15

Sandra Welwood, auditor for the 2014-15 fiscal year budget gave a presentation to the Board on the final draft of the Town Audit.  Sandra thanked Michael Battista for the year end work given to her and Dan her partner which made the audit go well.  Sandra commented on the healthy fund balance of the Town of Bethany all due to good money management.  She went over the entire report allowing for questions and comments from Board members.   She recommended working on improvement of internal controls for both the Town side of the budget small accounts, and the Board of Education especially the Student Activity Fund.   At the completion of the presentation Chip Spear moved to accept the audit based on the discussion and changes made.  Sharon Huxley seconded the motion.  The vote taken was unanimous.

FIRST SELECTWOMAN GORSKI

First Selectwoman Gorski read into the minutes the Connecticut State Police Investigation Report in response to the complaint to them by the Town Treasurer Lisa Amadeo.  The report is as follows:

Investigating Officer: TRP Shawn R. Sequeira

Date and Time of Investigation:

On 08/19/14 at approximately 0900 hours.

 

Crime:

Suspicious Incident

Incident Location:

The Town of Bethany, Town Hall, 40 Peck Road, Bethany, CT 06524.

Complainant/Witness:

Lisa P. Amadeo, Treasurer for the Town of Bethany, 25 Amadeo Drive, Bethany, CT 06524

Summary:

By letter to Attorney General George Jepsen dated 08/06/14, Town of Bethany Treasurer Lisa P. Amadeo alleged that nearly $200,000 of unauthorized transfers had been made from a Town of Bethany municipal account at Webster Bank over the past several months, and the investigation was subsequently assigned to the Central District Major Crime Squad.  The Town of Bethany resident Trooper Dave Merriam #1227 was notified and assisted with this investigation.  Special Agent Matthew Phillips and Special Agent William Ready of the Federal Bureau of Investigation (FBI), 600 State St., New Haven, CT and Supervisory Inspector Timothy Reardon of G.A. #23, 235 Church St., New Haven, CT were notified as well.

Action Taken:

On or about Thursday, 08/21/14, Sgt Seth Mancini #0284 and Det. Jeffrey Morgan #0945 met directly with, interviewed, and subsequently received a verbal statement from the complainant/witness Lisa P. Amadeo, Treasurer for the Town of Bethany and Bethany Selectman Aileen Magda.  The interview took place at the Connecticut State Police Troop I interview room, located at 631 Amity Rd., Bethany, CT.  During the interview Amadeo reported that she is the Town of Bethany treasurer and was unaware of two transfers from the town bank account to an unknown account.  Amadeo believed that she was the only person that was supposed to have access to the town accounts and she had no information about these transactions. She requested for the state police to look into this matter.  Amadeo submitted an account detail for account XXXXXX identifying the unknown transactions.  Amadeo was requested to provide any further additional documentation as well as a list of town of Bethany’s accounts and authorize users, and then to return to provide additional information.

On 09/02/14 at approximately 1300 hours, Sgt. Seth Mancini, Det. Jeffrey Morgan, and I met directly with, interviewed, and subsequently received another verbal statement from Amadeo.  The interview took place at the Connecticut State Police Troop I interview room, located at 631 Amity Rd., Bethany, CT.  During the interview Amadeo reported that she is the Treasurer for the Town of Bethany and that on 08/06/14 she discovered an approximately $50,000 transfer from the Treasurer’s account to a different and unknown account at Webster Bank on 12/10/13,and another transfer of approximately $115,000 between the same accounts on 06/09/14. She reported that she was not aware of and did not authorize these transactions.  Amadeo reported that she should have access to all accounts as the treasurer for the town.  She further reported that she did not have access to several Bethany accounts at Webster Bank with account numbers XXXXXXXX and XXXXXXXX.  Amadeo stated that she was copied on an email conversation between the Town of Bethany First Selectman Derrylyn Gorski and Izabet Rodriguez of Webster Bank.  In this conversation, Ms. Rodriguez asked First Selectman Gorski for permission to add Amadeo to the list of authorized users for these three accounts listed above.  Gorski responded to Rodriguez that “I do not authorize Webster Bank to provide this information. Lisa Amadeo should stop putting Webster Bank in the middle and wasting your time.  Mrs. Amadeo may ask me directly for this information.”  Amadeo explained again that she believed that she should have access to all Town of Bethany accounts and stated that Gorski was wrong for not approving her access.  Amadeo was unable to provide any documentation or legal justification for this claim.  Although Amadeo still did not have access to the particulars of the unknown transfers, she stated that she believed that the approximately $165,000 may have been associated with a STEAP grant project at Bethany airport, and was likely not stolen.  Amadeo then provided two copies of checks made out to cash from the Town of Bethany’s Webster account. Both signed by Gorski, for the amounts of $1359.01 and $1549.08. She explained that she was unaware of these transactions as well and requested for the CDMCS to look into this matter.

On 09/03/14 at approximately 1330 hours, Sgt. Seth Mancini, TFC Dave Merriam and I met directly with, interviewed, and subsequently received a verbal statement from First Selectman Derrylyn Gorski.  The interview took place at the Resident Trooper’s Office located on the second floor of the Bethany Town Hall, 40 Peck Road, Bethany, CT.  During the interview Gorski explained that the questioned transfers were associated with a STEAP grant project at Bethany Airport that was being overseen by the Department of Social Services.  She explained that Amadeo, Magda and some others in the town government were not in favor of the project, but it had been properly approved by the town government for Fiscal Year 2013, and she provided us with a copy of the grant as well as the Resolution authorizing her to conduct business contractor’s on said project on behalf of the Town of Bethany.  Additionally, when asked if she had authorized any other transactions that the Treasurer might not know about, she volunteered that due to a payroll glitch several weeks proior, it had been necessary to pay several employees directly from the main account.  The dates and amounts she remembered were generally in agreement with the second set of questioned transactions Amadeo had raised.  Gorski provided us with copies of the Town of Bethany’s Webster Bank statements and other general ledger/invoices regarding these additional questioned supporting the claim that the payments were in fact made to the specified employees.  Gorski further stated that the Town of Bethany is not missing any funds and in her capacity as a selectman she has the authority to deny Amadeo access to certain town accounts.  She explained that there was a history of political discontent between parties and she believed that these allegations stemmed from members of the opposition party not agreeing with decisions that had been made in the past.

On 09/26/14 at approximately 1100 hours, Sgt Seth Mancini and I met directly Special Agent William Ready at the FBI, 600 State St., New Haven, CT to discuss this suspicious incident.  We briefed S/A Ready and notified him of our findings.  S/A Ready advised that he had been made aware of these allegations previously, and he agreed with our assessment that there did not appear to be any criminal activity.  He indicated that he did not intend to pursue the matter further and it would be closed.

On 11/24/14 at approximately 1100 hours, I contacted Department of Social Services Associate Accounts Examiner with Quality Insurance, John Jakubowski.  Jakubowski reported that he conducted an audit on the Town of Bethany’s STEAP Airport Grant for the two transfers in question.  As a result of his investigation he concluded that all of the money in question was accounted for.  Jakubowski reported that he initially froze the account, but had since ordered the account to be unfrozen as he had completed his audit.  He understood that this matter was brought forth by the Town of Bethany Treasurer who was having a disagreement with the First Selectman.  Jaskubowski finally reported that a third signature (Board of Finance Director for the Town of Bethany) had been added to the STEAP grant account as an authorized user in attempt to clear up any anticipated future discrepancies.  Jakubowski considered this matter closed.

Conclusion:

Based on my investigation, including but not limited to statements from the complainant and witnesses, the results of the audit conducted by the Department of Social Services, and a review of the financial documentation submitted by the witnesses, I conclude that all of the funds alleged to have been stolen were properly accounted for, and there was no criminal aspect to this case.

Victim Contacted:

On 11/24/14, I spoke with Amadeo by telephone and advised her of the status of this case.

Attachments:

August 6, 2014 letter to Attorney General Jepsen

Timeline prepared by Amadeo

Town of Bethany Webster Bank statements and other financial documentation

Email from Gorski to Webster Bank

Town of Bethany resolution dated April 8, 2013

 

Case Status:

The status of this case is closed, no criminal aspect.

 

Investigating Officer: TRP Shawn R. Sequeira

Date and Time of Investigation:

On 08/19/14 at approximately 0900 hours.

Crime:

Suspicious Incident

Incident Location:

The Town of Bethany, Town Hall, 40 Peck Road, Bethany, CT 06524.

Complainant/Witness:

Lisa P. Amadeo, Treasurer for the Town of Bethany, 25 Amadeo Drive, Bethany, CT 06524

 

Summary:

By letter to Attorney General George Jepsen dated 08/06/14, Town of Bethany Treasurer Lisa P. Amadeo alleged that nearly $200,000 of unauthorized transfers had been made from a Town of Bethany municipal account at Webster Bank over the past several months, and the investigation was subsequently assigned to the Central District Major Crime Squad.  The Town of Bethany resident Trooper Dave Merriam #1227 was notified and assisted with this investigation.  Special Agent Matthew Phillips and Special Agent William Ready of the Federal Bureau of Investigation (FBI), 600 State St., New Haven, CT and Supervisory Inspector Timothy Reardon of G.A. #23, 235 Church St., New Haven, CT were notified as well.

Action Taken:

On or about Thursday, 08/21/14, Sgt Seth Mancini #0284 and Det. Jeffrey Morgan #0945 met directly with, interviewed, and subsequently received a verbal statement from the complainant/witness Lisa P. Amadeo, Treasurer for the Town of Bethany and Bethany Selectman Aileen Magda.  The interview took place at the Connecticut State Police Troop I interview room, located at 631 Amity Rd., Bethany, CT.  During the interview Amadeo reported that she is the Town of Bethany treasurer and was unaware of two transfers from the town bank account to an unknown account.  Amadeo believed that she was the only person that was supposed to have access to the town accounts and she had no information about these transactions. She requested for the state police to look into this matter.  Amadeo submitted an account detail for account XXXXXX identifying the unknown transactions.  Amadeo was requested to provide any further additional documentation as well as a list of town of Bethany’s accounts and authorize users, and then to return to provide additional information.

On 09/02/14 at approximately 1300 hours, Sgt. Seth Mancini, Det. Jeffrey Morgan, and I met directly with, interviewed, and subsequently received another verbal statement from Amadeo.  The interview took place at the Connecticut State Police Troop I interview room, located at 631 Amity Rd., Bethany, CT.  During the interview Amadeo reported that she is the Treasurer for the Town of Bethany and that on 08/06/14 she discovered an approximately $50,000 transfer from the Treasurer’s account to a different and unknown account at Webster Bank on 12/10/13,and another transfer of approximately $115,000 between the same accounts on 06/09/14. She reported that she was not aware of and did not authorize these transactions.  Amadeo reported that she should have access to all accounts as the treasurer for the town.  She further reported that she did not have access to several Bethany accounts at Webster Bank with account numbers XXXXXXXX and XXXXXXXX.  Amadeo stated that she was copied on an email conversation between the Town of Bethany First Selectman Derrylyn Gorski and Izabet Rodriguez of Webster Bank.  In this conversation, Ms. Rodriguez asked First Selectman Gorski for permission to add Amadeo to the list of authorized users for these three accounts listed above.  Gorski responded to Rodriguez that “I do not authorize Webster Bank to provide this information. Lisa Amadeo should stop putting Webster Bank in the middle and wasting your time.  Mrs. Amadeo may ask me directly for this information.”  Amadeo explained again that she believed that she should have access to all Town of Bethany accounts and stated that Gorski was wrong for not approving her access.  Amadeo was unable to provide any documentation or legal justification for this claim.  Although Amadeo still did not have access to the particulars of the unknown transfers, she stated that she believed that the approximately $165,000 may have been associated with a STEAP grant project at Bethany airport, and was likely not stolen.  Amadeo then provided two copies of checks made out to cash from the Town of Bethany’s Webster account. Both signed by Gorski, for the amounts of $1359.01 and $1549.08. She explained that she was unaware of these transactions as well and requested for the CDMCS to look into this matter.

On 09/03/14 at approximately 1330 hours, Sgt. Seth Mancini, TFC Dave Merriam and I met directly with, interviewed, and subsequently received a verbal statement from First Selectman Derrylyn Gorski.  The interview took place at the Resident Trooper’s Office located on the second floor of the Bethany Town Hall, 40 Peck Road, Bethany, CT.  During the interview Gorski explained that the questioned transfers were associated with a STEAP grant project at Bethany Airport that was being overseen by the Department of Social Services.  She explained that Amadeo, Magda and some others in the town government were not in favor of the project, but it had been properly approved by the town government for Fiscal Year 2013, and she provided us with a copy of the grant as well as the Resolution authorizing her to conduct business contractor’s on said project on behalf of the Town of Bethany.  Additionally, when asked if she had authorized any other transactions that the Treasurer might not know about, she volunteered that due to a payroll glitch several weeks proior, it had been necessary to pay several employees directly from the main account.  The dates and amounts she remembered were generally in agreement with the second set of questioned transactions Amadeo had raised.  Gorski provided us with copies of the Town of Bethany’s Webster Bank statements and other general ledger/invoices regarding these additional questioned supporting the claim that the payments were in fact made to the specified employees.  Gorski further stated that the Town of Bethany is not missing any funds and in her capacity as a selectman she has the authority to deny Amadeo access to certain town accounts.  She explained that there was a history of political discontent between parties and she believed that these allegations stemmed from members of the opposition party not agreeing with decisions that had been made in the past.

On 09/26/14 at approximately 1100 hours, Sgt Seth Mancini and I met directly Special Agent William Ready at the FBI, 600 State St., New Haven, CT to discuss this suspicious incident.  We briefed S/A Ready and notified him of our findings.  S/A Ready advised that he had been made aware of these allegations previously, and he agreed with our assessment that there did not appear to be any criminal activity.  He indicated that he did not intend to pursue the matter further and it would be closed.

On 11/24/14 at approximately 1100 hours, I contacted Department of Social Services Associate Accounts Examiner with Quality Insurance, John Jakubowski.  Jakubowski reported that he conducted an audit on the Town of Bethany’s STEAP Airport Grant for the two transfers in question.  As a result of his investigation he concluded that all of the money in question was accounted for.  Jakubowski reported that he initially froze the account, but had since ordered the account to be unfrozen as he had completed his audit.  He understood that this matter was brought forth by the Town of Bethany Treasurer who was having a disagreement with the First Selectman.  Jaskubowski finally reported that a third signature (Board of Finance Director for the Town of Bethany) had been added to the STEAP grant account as an authorized user in attempt to clear up any anticipated future discrepancies.  Jakubowski considered this matter closed.

 

 

Conclusion:

Based on my investigation, including but not limited to statements from the complainant and witnesses, the results of the audit conducted by the Department of Social Services, and a review of the financial documentation submitted by the witnesses, I conclude that all of the funds alleged to have been stolen were properly accounted for, and there was no criminal aspect to this case.

Victim Contacted:

On 11/24/14, I spoke with Amadeo by telephone and advised her of the status of this case.

Attachments:

August 6, 2014 letter to Attorney General Jepsen

Timeline prepared by Amadeo

Town of Bethany Webster Bank statements and other financial documentation

Email from Gorski to Webster Bank

Town of Bethany resolution dated April 8, 2013

 

Case Status:

The status of this case is closed, no criminal aspect.

AIRPORT HANGAR PROJECT

The Board members discussed the removal of the contaminated soil at the Airport Hangar project.  First Selectwoman Gorski detailed the progress of the project.  The contaminated soil removal is complete.  The hole will be filled with clean soil.  The contaminated soil can either be moved to the old Recycling area and covered or left where it is and covered to be moved at a later date.  The cost to complete without disposal is under $20,000.  John Ford IV asked if any of the cost could be taken from the grant money.  It cannot as the problem was caused several years ago from the old Town Garage fuel tank.  Following discussion the motion to taken up to $20,000 from the Contingency Fund to pay for contaminated soil excavation was moved by Chip Spear and seconded by John Ford IV.  The vote taken was unanimous. 

CALENDAR FOR BUDGET PREPARATION

Board members discussed the schedule for special meeting for budget preparation.  It was unanimously decided to meet every Tuesday until the budget was complete

 

 

 

ADJOURNMENT

Adjournment was called at 8:55 p.m. after a motion was moved by Chip Spear and seconded by Sally Huyser.  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, JANUARY 7, 2015                                                Page 1 of 9

The regular meeting of the Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Michael Sullivan, Vice Chairman

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member

 

The following Commission Member was absent:

            Douglas Goldner, Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Counsel

 

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve the minutes of the   December 3, 2014, Regular Meeting with the following amendments:

·         Page 2, Under Zoning Enforcement Officers Report and Appropriate Commission Action, 33 Old Amity Road – Reads “Has concrete business I spoke with QVHD engineered has not produced what is needed should have next week”, Change to “Has concrete business and I spoke with QVHD and the applicant’s engineer has not produced what is needed should have next week.”

·         Page 4, Under 90 Pole Hill Road, Third paragraph, Third Sentence – Reads “Ms. Unger then continued with a review of the packet submitted dated”, Change to “Ms. Unger then continued with a review of the packet submitted dated November 3, 2014”.

·         Page 4, Last Paragraph – Reads “Julia Shiang of 204 Falls Road”, Change to “Judith Shlang of 204 Falls Road”.

Voting for:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

Unanimous approval.

 

 

 

 

 

 

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for December 2014, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $105.00 for recording services rendered at the public hearings held on December 3, 2014, (Proposed amendments and 90 Pole Hill Road) by Anne Sohon.

      Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

      Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearings held on January 7, 2015, (90 Pole Hill Road and 378 Bethmour Road) by John McLeod.

      Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

      Unanimous approval.

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Isabel Kearns, ZEO, to Mark D’Andrea of 860 Carrington Road, dated   December 11, 2014, Re:  Release of Notice of Cease & Desist Order dated July 1, 2013.

2.      Copy of Legal Notice from Town of Beacon Falls, published December 11 and 15, 2014, Re:  Modification to site plan for property located at Skokorat Road, known as Chatfield Farms.

3.      Email from Eugene Livshits of South Central Regional Council of Governments, dated December 4, 2014, Re:  Town of Woodbridge, Plan of Conservation and Development Update.

 

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Regional Planning Commission’s Annual Dinner, Thursday, January 8, 2015.

2.      The Connecticut Landscape Architect, Fall 2014.

 

 

 

 

 

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

• Letter regarding Chatfield Farms modification to site plan in correspondence, submitted December 8, 2014, will not have an effect on Bethany.
• 33 Old Amity Road – Cease and Desist for outside storage and non-permitted business operation.  Waiting for response from State of CT.  Property owner has been in contact with Town Attorney Kevin McSherry.
• 770 Amity Road (Lock, Stock & Barrel) – Archway placed over sign encroaching in the State right-of-way.  Will wait a month to send letter to property owner.
• Amity 63 Shopping Center – Will be sending letter regarding flashing lights in windows of convenience store.
• Submitted report on building permits for December, 2014.
• 63 Sargent Drive – Discussed landscaping buffer not being completed due to drainage easement as stated by property owner.  The Commission would like the ZEO to send letter to property owner requesting landscaping buffer be planted.
• Hiram Peck, Planning Consultant, submitted email dated December 20, 2014, Re:  Recommended Budget Numbers to re-write Zoning Regulations.  The ZEO needs Commission’s vote to add to the budget.  The Commission discussed and then took the following action:

o   It was moved by Gugliotti and seconded by Sullivan to accept and support the proposal of Hiram Peck, Planning Consultant, to amend the Zoning Regulations to include a regulation on Low Impact Development to coordinate with MS4 requirements for $1,000.00.

            Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

            Unanimous approval.

o   It was moved by Calhoun and seconded by Gugliotti to accept and support the proposal of Hiram Peck, Planning Consultant, to increase his month based fee to $1,200.00 based upon the same 10 hour per month average.

            Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

            Unanimous approval.

o   It was moved by Sullivan and seconded by Gugliotti to accept and support the proposal of Hiram Peck, Planning Consultant, for the expenditure of $21,000.00 for the overall rewriting of the Zoning Regulations, in conjunction with Hiram Peck’s proposal submitted to the Zoning Enforcement Officer.

                  Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

                  Unanimous approval.

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan Approval to locate the Community Garden and for a C.G.S. Section 8-24 Review for the Community Garden

 

At 7:31 p.m., Chair Brinton called to order the continuation of the public hearing and read the notice for the continuation of the public hearing.  Roll call was taken.

 

Isabel Kearns, Zoning Enforcement Officer, stated that the Inland Wetlands Commission has not acted on the application for 90 Pole Hill Road to date.

 

The applicant submitted consent to extension of time for 35 days to continue the public hearing, dated January 6, 2015.  It was moved by Sullivan and seconded by Gugliotti to grant the continuation of the public hearing to the next regular meeting on February 4, 2015.

Unanimous approval.

 

 

·         378 Bethmour Road, Application #2014-038 and Application #2014-039 submitted by Donald Parrott for a Special Exception for one rear lot and a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection –

 

At 7:36 p.m., Chair Brinton called to order the public hearing and read the legal notice for the public hearing on the subject applications.  Chair Brinton then reviewed the contents of the application files.

 

Present to speak on behalf of this application was John Paul Garcia, L.S./P.E. representing the applicant.  Mr. Garcia noted the following:

·         Requesting entire previous record, which was approved on 7/2/14 and modified on 10/1/14,

be incorporated into this public hearing record.

·         Missed the date to file the mylar on previous approval.

·         Would also request waiver of fees but are willing to pay for the legal notice and public hearing recording fees.

 

Commission members discussed briefly with Town Attorney.

 

At 7:55 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

Unanimous approval.

 

 

NEW BUSINESS

 

No new business.

 

OLD BUSINESS

 

1.      742 Amity Road, Application #2014-031 submitted by Grant Barone for a Site Plan Modification and additional outdoor dining on a limited basis –

 

The Zoning Enforcement Officer stated that Quinnipiack Valley Health District has not approved the application to date.

 

The applicant submitted consent to extension of time, dated January 5, 2015, for 35 days to act on subject application.

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, February 4, 2015.  Tabled.

 

 

2.      Proposed amendments to the following Sections of the Zoning Regulations:

a.      Section 1.1 – General Rules; Section 1.2 – Definitions; Section 3.4 – Schedule of Height, Area & Yard Requirements; Section 4 – Residential Zones, Uses and Regulations – Various Subsections; Add New Section 5.2.B.9. – Public Assembly and add Appendix 10 – Digital Mapping Data Submission Requirements.  

      Proposed amendments to the Subdivision Regulations:

b.      Under Section 11 – General Regulations - Section 11.5b)2) and Section 11.5c)3) and add Appendix B – Digital Mapping Data Submission Requirements.

 

Public hearing closed on December 3, 2014.

 

Hiram Peck, Planning Consultant, submitted a revised draft and Commission members reviewed.

 

Discussion took place regarding the following:

·         Discussed requests from Bethany Volunteer Fire Department in a letter submitted January 7, 2015, from Michael Katzmark, Water Source Officer.

·         Discussed clear marking of house numbers which should become a Town ordinance.

·         Discussed bonding regarding construction of roads, drainage and fire suppression systems.

·         More revisions were made to draft which Hiram will revise and submit for the next regular meeting on February 4, 2015.

Tabled.

 

 

3.      90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan approval to locate the Community Garden on the Southside of park –  Public hearing continued to the next regular meeting scheduled on February 4, 2015.  Tabled.

 

4.      378 Bethmour Road, Application #2014-038 submitted by Donald Parrott for a Special Exception for one rear lot -

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application 2014-038:

 

Whereas, Donald Parrott and Lisa Miles, owners of the property, applied to the Bethany Planning and Zoning Commission for a Special Exception Rear Lot (#2014-038) to be held together with a Two-lot Resubdivision (#2014-039) for property located at 378 Bethmour Road on December 3, 2014;

 

Whereas, Donald Parrott authorized John Paul Garcia to act on his behalf in a letter to the Planning and Zoning Commission dated December 31, 2014;

 

Whereas, the Commission opened the public hearing for the Special Exception Rear Lot and the Two-lot Resubdivision of 378 Bethmour Road on January 7, 2015, and closed it at the conclusion of testimony that same evening;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

1)                  The parcel consists of 5.635 acres and is located in the R-65 Zone.

2)                  The parcel is not located in a public water supply watershed area.

3)                  The Planning and Zoning Commission received a letter dated June 25, 2014, from Lynn fox and Leslie Balch of Quinnipiack Valley Health District stating that both lots contain existing dwellings with existing private subsurface sewage disposal systems. Detected soil conditions in areas designated for eventual replacement of each subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed.

4)                  The Planning and Zoning Commission received a letter dated June 27, 2014, from the Inland Wetlands Commission in which they state the activity will have no adverse impact on any wetlands or watercourses; therefore, no Inland Wetlands permit is required.

5)                  Roderick White, Fire Marshal, signed off on the back of the application form on    June 24, 2014 indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany (Section 10) effective to July 16, 2007, and the Zoning Regulations of the Town of Bethany (Section 4.4H), effective to August 15, 2014, Application #2014-038 for a Special Exception Rear Lot which is approved (in conjunction with the Two-Lot Resubdivision of        378 Bethmour Road), as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a)      “Resubdivision Map”, dated April 8, 2014, revised to June 10, 2014, Drawing        No. C-1.

b)      “Site Development Plan”, dated April 8, 2014, revised to June 10, 2014, Drawing No. C-2.

 Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

 Unanimous approval.

 

5.      378 Bethmour Road, Application #2014-039 submitted by Donald Parrott for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection –

 

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application 2014-039:

 

Requested Waivers:

 

1)      Waiver of Open Space.  The application reflects that a waiver of open space has been requested under Section 11.4 of the Town of Bethany Subdivision Regulations.  As the property is already developed, there is no opportunity to obtain any open space.  The Conservation Commission submitted a letter which was received on June 20, 2014 in which he states that they have no objection to its approval, including a waiver of the open space. The request for a waiver of open space is hereby granted.

2)      Waiver of Fire Suppression Water Source:  The application reflects that a waiver of the fire suppression water source has been requested under Section 11.5 of the Town of Bethany Zoning Regulations. 

 

Whereas, Donald Parrott and Lisa Miles, owners of the property, applied to the Bethany Planning and Zoning Commission on December 3, 2014, for a Two-lot Resubdivision of         378 Bethmour Road (#2014-039) to be held in conjunction with a Special Exception Rear Lot (#2014-038);

 

Whereas, Donald Parrott authorized John Paul Garcia to act on his behalf in a letter to the Planning & Zoning Commission dated December 31, 2014;

 

Whereas, the Commission opened the public hearing for this Two-lot Resubdivision and the Special Exception Rear Lot of 378 Bethmour Road on January 7, 2015, and closed it at the conclusion of testimony that same evening;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

 

1)      The parcel consists of 5.635 acres and is located in the R-65 Zone.

2)      The parcel is not located in a public water supply watershed area.

3)      The Planning and Zoning Commission received a letter dated June 25, 2014 from Lynn fox and Leslie Balch of Quinnipiack Valley Health District stating that both lots contain existing dwellings with existing private subsurface sewage disposal systems. Detected soil conditions in areas designated for eventual replacement of each subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed.

4)      The Planning and Zoning Commission received a letter dated June 27, 2014, from the Inland Wetlands Commission in which they state the activity will have no adverse impact on any wetlands or watercourses; therefore, no Inland Wetlands Permit is required.

5)      Roderick White, Fire Marshal, signed off on the back of the application on June 24, 2014 indicating his approval.

6)      The Planning and Zoning Commission received an undated letter which was submitted on June 20, 2014, from Bruce Loomis, Chair of the Conservation Commission, in which he states that they have no objection to its approval, including a waiver of the open space.

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, effective July 16, 2007, Application #2014-039 for a Two-Lot Resubdivision of 378 Bethmour Road which is located in the R-65 Zone, is approved, as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a)      “Resubdivision Map”, dated April 8, 2014, revised to June 10, 2014, Drawing        No. C-1.

b)      “Site Development Plan”, dated April 8, 2014, revised to June 10, 2014, Drawing No. C-2.

 

And with the following modifications:

1)     The following sentence to be added to the mylar, “The driveway construction not be required prior to the filing of the mylar unless or until Lot 2 transfers to a new owner and there is some arrangement in place with the present owner of Lot 1 that the new owner can continue to use the same driveway”.

2)     All iron pins shall be placed as shown on the resubdivision plan prior to the filing of a mylar.

 Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

 Unanimous approval.

 

 

Waiver of Fees for two applications for 378 Bethmour Road

Commission discussed waiving the fees with the exception of the public hearing legal notice cost and recording service for the public hearing cost.  The ZEO will compute and report back at next meeting in February.

It was moved by Sullivan and seconded by Gugliotti to table the discussion on the waiver of fees on Application #2014-038 and #2014-039.  Unanimous approval.

 

 

6.      Discussion regarding directional signage – The ZEO stated the current Zoning Regulations do not allow for directional signage.  The State does not have a problem with the sign as long as not placed in State right-of-way.  The Commission is considering revising this in the Zoning Regulations.

 

 

7.      Discussion regarding the rewriting of the current Zoning Regulations – See Correspondence section.  Tabled.

 

 

  

 

8.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property -

 

The ZEO stated the two businesses are operating from the same property and this is not permitted under the current Zoning Regulations.  The ZEO will send a letter to the property owner regarding this violation and report back to the Commission at the next regular meeting in February.  Tabled.

 

 

9.      Continue discussion on Village Districts – Hiram Peck mentioned this can be discussed in the re-writing of the Zoning Regulations.

 

 

10.  Executive Session – Matters in litigation –  Tabled.

 

 

11.  Executive Session – Personnel matters – Tabled.

 

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Gugliotti to adjourn the regular meeting at 9:20 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning & Zoning Comm.