MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF MONDAY, MARCH 11, 2019                                        Page 1 of 4

The regular meeting of the Zoning Board of Appeals was called to order at 7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

Roll call was taken.

 

The following Board Members were present:

            Thomas Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, Member

            Mark Stricker, Member

April Stirling, Alternate Member, seated as a voting member

Rob Huxley, Alternate Member, seated as a voting member

 

The following Board Members were absent:

            Thomas Magda, Chairman

            Nick Poulmas, Member

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

MINUTES

 

It was moved by Huxley and seconded by Foley to approve, as submitted, the minutes of the January 14, 2019, Regular Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

BILL

 

It was moved by Huxley and seconded by Foley to approve the payment of a bill for $125.00, dated March 11, 2019, from Donna Cahill for recording services for the public hearing continuation (41 Green Hill Road).

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

PUBLIC HEARING CONTINUATION – 41 GREEN HILL ROAD

 

At 7:11 p.m., Acting-Chairman Mabry opened the public hearing continuation in regard to the application submitted by Peter Kaminski and Julianne Stach for a Zoning Appeal of improper interpretation of the Bethany Zoning Regulations, Section 4.2 regarding a Cease and Desist Order, dated November 15, 2018, for outside storage.

              

Roll call was taken.  Acting-Chairman Mabry read the notice for the public hearing continuation that was submitted to the Town Clerk.

 

 

 

                                                         

Present to speak on behalf of this application were Attorney Thomas Lynch, office located in Milford, Connecticut, representing the applicants and owners of record, Peter Kaminski and Julianne Stach, who were also present.

 

Acting-Chairman Mabry noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 2A – A memo from Lidia Butzky of 33 Green Hill Road, dated March 5, 2019, Re:  41 Green Hill Road.

2)      Exhibit 2B – A memo from Chuck Doerrler of 56 Green Hill Road, dated March 10, 2019, Re:  Concurs with statement written by Jack Ellison to Isabel Kearns, dated January 30, 2019, pertaining to 41 Green Hill Road.

3)      Exhibit 2C – An email from Chuck Doerrler of 56 Green Hill Road and from Jack Ellison of 55 Green Hill Road, dated January 31, 2019, Re:  General description of discussions with Mr. Kaminski of 41 Green Hill Road.

4)      Exhibit 2D – Submitted by Town Attorney McSherry, an email from Attorney Thomas Lynch to Attorney Kevin McSherry, dated March 11, 2019, Re:  List of items to resolve tree trunk issue located at 41 Green Hill Road.

5)      Exhibit 2E – Submitted by Town Attorney McSherry, a hand-drawn map prepared by Peter Kaminski of 41 Green Hill Road, showing location of stacked wood and screening that will be planted in Spring 2019.

6)      Exhibit 2F – Submitted by Attorney Thomas, seven colored photographs taken by the Farrell’s of 49 Green Hill Road, of the subject property located at 41 Green Hill Road, showing piles of wood and tree trunks.

7)      Exhibit 2G – Submitted by Attorney Thomas, two colored photographs from the Town of Bethany GIS website, showing Green Hill Road.

 

Attorney Lynch noted the following on behalf of the applicants:

·         Submitted an email (Exhibit 2D) that will cover all the issues.

·         Submitted a map and discussed the map and the proposed foliage barrier.

·         Mr. Kaminski has installed a professional wood pile cover.

 

Some items noted by the Board Members were:

·         40 tree trunks already previously delivered.  Proposing 12 trunks in future delivery.

·         There will be no further deliveries until after December 2020.

·         If use a smaller truck for deliveries, possibly less neighborhood disturbance.

·         What type of screening will be used?  Mr. Kaminski mentioned bamboo.  It was mentioned that arborvitaes are usually used for screening.

 

Acting-Chairman Mabry asked if anyone from the public would like to speak to have the Cease and Desist Order reversed or modified.  There were no comments.

 

Also present to speak was Attorney Dominick Thomas, Derby, Connecticut, representing some of the neighbors.  Some items noted by Attorney Thomas were:

·         Submitted Exhibit 2F and reviewed.

·         Submitted Exhibit 2G and reviewed.

·         Mentioned stacking wood behind house.  Mr. Kaminski mentioned leaching fields are located there.

 

 

 

Acting-Chairman Mabry asked if anyone from the public would like to have the order sustained as is.  The following residents spoke:

·         Christina Ellison of 55 Green Hill Road

·         Jack Ellison of 55 Green Hill Road

·         Dennis Stephens of 18 Green Hill Road

·         Diane Farrell of 49 Green Hill Road

·         Tim Ahearn of 8 Green Hill Road

·         Ron Farrell of 49 Green Hill Road

 

At 8:32 p.m., it was moved by Huxley and seconded by Foley to take a five minute recess.

 

At 8:42 p.m., the hearing reconvened.

 

Attorney Lynch stated he can supply the septic layout information.

 

Attorney McSherry recommended the Board close the public hearing and that the septic information can be submitted through him.

 

At 8:43 p.m., it was moved by Huxley and seconded by Stricker to close the public hearing on the subject application. 

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

The Board then discussed having a special meeting to continue discussion on this Zoning Appeal for 41 Green Hill Road.  It was moved by Mabry and seconded by Huxley to schedule a Special Meeting on Wednesday, March 20, 2019 at 7:00 p.m. in the Commission Meeting Room to come to a consensus and then make the final decision/vote at the next regular meeting on Monday, April 8, 2019.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Huxley seconded by Stricker to adjourn the regular meeting at 8:49 p.m.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals

BOARD OF FINANCE

MARCH 12, 2019

Page 1 of 3

DRAFT

Attendance:  Katie Erickson, Sharon Huxley, Sally Huyser, John Ford IV, Betsy Thornquist

Visitors:  First Selectwoman Derrylyn Gorski, Selectman Clark Hurlburt, Paula Cofrancesco, Fran Doba, Alan Green, Lars Demander, Sheila Lane

The regular meeting of the Board of Finance was called to order at 7:10 p.m. by Temporary Chairman John Ford IV.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall. 

APPROVAL OF MINUTES

Temporary Chairman Ford called for a motion to approve the minutes of the meeting of March 5, 2019 special meeting.  The motion of approval was moved by Sharon Huxley and seconded by Sally Huyser.  Katie Erickson moved to amend the minutes by adding the following:

Chief Cogill asked that the Board of Finance find funding in some way to ensure long term sustainability of the Bethany Ambulance Corp by funding $40,000 annually.  If approved this would be designated in a special account to be spent on daytime staffing only.  

The vote taken for approval as amended was four yes votes and one abstention that of Bethany Thornquist as she was not present at that meeting,

PUBLIC WORKS BUDGET

Public Works director Alan Green presented the budget for the Highway Department.  He had compiled a list of roads that need major work on them.  He had a list of newly re-constricted roads that will be chip sealed.  He has budgeted $650,000 for major road repair in his operating budget for fiscal year 2019-20.  He spoke to the Board of Finance about bonding for more extensive repair that is needed.  Board members questioned whether it would be an advantage to hire more than one contractor for major road repair. More roads could be completed in a shorter span of time, especially if the money was available from bonding.  Alan indicated that he would look into it.

 Sharon Huxley opened discussion on the budget for tree removal.  In the past the expense has been budgeted and charged to the Contracted Services account.  Some years this money has not been used completely for tree work, but instead  for other expenses. Eversource has removed trees that were in line with the electrical service wires. The money saved was then used for other expenses.   She would like a better accountability on how much has been spent to date of the money appropriated. 

Betsy Thornquist would like to know when road materials have been used for other appropriations, where they were moved to?

 Katie Erickson would like to get an assessment on trees left to be taken down.  Alan indicated that this might be hard to do but he would try.

 Sharon Huxley would like to see appropriation for tree removal put into Contingency.  She would feel better about it. There would be more control of the expenditure by the Board of Finance. 

 Betsy Thornquist felt that $50,000 should be put into Contracted Services and $100,000 put into Contingency.  Alan commented how helpful Eversource has been to the Town during the recent storms and had saved the Town money. 

 

 

CAPITAL EXPENDITURES

Alan is requesting $80,000 to be appropriated as a Capital Expenditure for a boom truck to help in day to day small limb removal.  In the next three years two of the plow trucks will have to be replaced 

The repaving of the Elementary School and Town Hall parking areas were briefly discussed. 

IT BUDGET

Fran Doba explained to the Board of Finance recent upgrades and changes that have taken place to our computer network and telephone service.  At this time she does not have a completed budget.  Sharon Huxley asked if the support for the GIS system was included in this budget.  Fran will verify that before the budget is final. 

FIRST SELECTWOMAN’S REPORT

First Selectwoman Derrylyn Gorski attended the Public Hearing in Hartford last week regarding School Regionalization, as being recommended by the new session of the State of Connecticut Legislature.  First Selectwoman Gorski talked to George Logan our State Senator and House Representative Lezlye Zupkus regarding this proposed change.  Since the teacher salaries are not the same in each Town because of Union Contracts, this could cause an increase in the education budgets of some towns.  The benefit of regionalization could be sharing of special education resources which could be a savings to school budgets.

Paula Cofrancesco Bethany’s Board of Education member to the Amity Board of Education, indicated that their board would be taking a pro-active position.  Much more information will be needed before a change like this is made. 

FINANCE DIRECTOR’S REPORT

Sheila distributed several financial reports for the Board to look over. 

AGENDA FOR MEETING OF MARCH 9, 2019

The Board will continue to finalize the budget next week.  The Board of Finance requested that Sheila provide them with last year’s year to date report, as well as the present year today report. 

OTHER

Katie Erickson reported that she will begin workshops on developing system controls after the budget has been completed.

ADJOURNMENT

Adjournment was called at 9:15 p.m. after a motion was moved by Betsy Thornquist and seconded by Katie Erickson.  The vote take was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley 

                                                                                                Clerk, Board of Finance

  

 

Bethany Conservation Commission

February 28, 2019

Approved Minutes

 

1. The meeting was called to order at 8:07 by Bruce Loomis.  Also, in attendance were Brian Eitzer, Cathy Rives and Patsy Winer. Matthew Popp was absent.
2. Bruce moved to review the minutes of the Jan.10 meeting, Cathy seconded.  It was noted that we still need to review the Nov. 2018 meeting minutes.  After review Cathy moved to accept the January 10^th minutes as written and Bruce seconded.  The motion passed.
3. There were no bills.  The correspondence consisted of an issue of “Connecticut Wildlife”, and a letter from Aquarion seeking nominees for their Environmental Champions Award.  The discussion of those nominations was tabled until the March meeting.
4. The Commission entered an executive session at 8:19 to discuss the Conservationist of the Year Award.  The session ended at 8:26.
5. Bruce noted that he submitted the budget request for the next year in the amount of $750.
6. The remainder of the meeting was spent working on the Bethany Open Space Inventory.
7. Patsy moved to adjourn at 9:15 and Cathy seconded.

 

Respectfully submitted,

 

Brian Eitzer

Secretary pro-tempore

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 6, 2019                                      Page 1 of 7

The regular meeting of the Planning and Zoning Commission was called to order at  

7:06  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, Chair

            Michael Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

Brad Buchta, Alternate Member, seated as a voting member

Carol Lambiase, Alternate Member, seated as a voting member

Eric McDonald, Alternate Member, seated as a voting member

 

The following Commission Members were excused:

            Bob Harrison, Member

            Alex Hutchinson, Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

   

 

APPROVAL OF MINUTES              

    

1.      It was moved by Buchta and seconded by Calhoun to approve the minutes, as submitted, of the February 6, 2019, Regular Meeting.

Brinton recused herself.

Voting for:  Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by McDonald to approve the minutes, as submitted, of the February 23, 2019, Special Meeting/Site Visit/Hearing Continuation.

Buchta recused himself.

Voting for:  Brinton, Calhoun, Shea, McDonald, Lambiase.

Unanimous approval.

 

   

BILLS

 

1.      It was moved by Calhoun and seconded by Lambiase to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for February 2019, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

 

 

 

 

 

 

2.      It was moved by Calhoun and seconded by Buchta to approve the payment of a bill for $110.00 to Connecticut Federation of Planning and Zoning Agencies for membership dues through March 31, 2020.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

3.      It was moved by Buchta and seconded by Shea to approve the payment of a bill for $125.00, dated February 6, 2019, from Donna Cahill for recording services for the public hearing (32 Hatfield Hill Road).

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1)      Memo from Anthony Vallillo of 788 Amity Road, dated February 21, 2019, revised March 6, 2019, Re:  Requesting a five-year extension of Resubdivision Approval and Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit approved on May 7, 2014.

2)      Letter from Isabel Kearns, ZEO, to Mr. Mrs. Daniel Levine of 43 Luke Hill Road, dated February 11, 2019, Re:  Notice of Violation for discarded debris and construction materials located at 43 Luke Hill Road

3)      Email from Kevin McSherry, Town Attorney to Matt Micros, Connecticut Football Club, 667 Amity Road, dated February 11, 2019, Re:  Items to be addressed for 667 Amity Road with attached draft of response from Robert Sherwood, Landscape Architect, on comments from Attorney McSherry.

 

 

PUBLIC HEARING CONTINUATION

 

·         32 Hatfield Hill Road, Application #2018-026 submitted by Montanna Sage Equine LLC for  a Special Exception Permit to utilize existing indoor riding arena and horse stalls/barn –

 

At 7:15 p.m., Chair Brinton called the public hearing continuation to order.   Roll call was taken.  Chair Brinton read the notice for the public hearing continuation.

 

Commission members visited the site on February 23, 2019.  Commission members stated that they were impressed with the work that had been completed at the location. 

 

Present to speak on behalf of this application was Montanna Lambrecht, applicant.            Ms. Lambrecht had no comments.

 

Chair Brinton asked if anyone from the public would like to speak in favor or opposition of the application.  There were no comments.

 

 

 

 

 

 

 

At 7:19 p.m., it was moved by Calhoun and seconded by Shea to close the public hearing on the subject application.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

NEW BUSINESS

 

1)      788 Amity Road, Anthony Vallillo,  Received email dated February 21, 2019, revised to March 6, 2019, requesting five-year extension of Four-lot Resubdivision Approval and Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit approved on May 7, 2014.

 

Present for this discussion was Anthony Vallillo, owner of record.  Mr. Vallillo submitted a letter dated March 6, 2019, requesting a 5-year extension of the four-lot subdivision located at 788 Amity Road.

 

Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Lambiase to grant the approval of the following motion:

 

Whereas, the Planning and Zoning Commission approved a 4-lot resubdivision of Jonia Court (applicant Anthony Vallillo) at 788 Amity Road on May 7, 2014 (Application #2013-028);

 

Whereas, the Planning and Zoning Commission received a letter dated March 6, 2019, from Anthony Vallillo in which he requests a five-year extension of the above-referenced resubdivision.  He has no immediate plans to develop the subject subdivision; however, there is a possibility he will proceed with development in accordance with the current permit within the next five years.

 

Now Therefore Be It Resolved, the Planning and Zoning Commission grants the request for a five-year extension of Application #2013-028 for Anthony Vallillo for a 4-lot resubdivision located at 788 Amity Road to commence on May 7, 2019, and expire at May 7, 2024.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OLD BUSINESS

 

1.      32 Hatfield Hill Road, Application #2018-026 submitted by Montanna Sage Equine LLC for a Special Exception Permit for a riding arena and boarding stable –

 

Hearing closed this evening.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded Lambiase to approve the following resolution for Application #2018-026:

 

Whereas, John Ciola, owner of 32 Hatfield Hill Road,  signed off on the application authorizing Montanna Lambrecht to act on his behalf to obtain a Special Exception Permit for a boarding stable for 12 horses and an indoor riding arena located at 32 Hatfield Hill Road;

 

Whereas, Montanna Sage Equine, LLC applied for a Special Exception Permit for a boarding stable for 12 horses and an indoor riding arena located at 32 Hatfield Hill Road on December 5, 2018;

 

Whereas, the Commission opened a public hearing on this application on February 6, 2019, held a Site Visit/Special Meeting/Hearing Continuation on February 23, 2019, and recessed the hearing to March 6, 2019.  Said hearing was closed at the conclusion of testimony on that same evening;

 

Whereas, the Commission at its regular meeting also held on March 6, 2019, considered the maps, testimony and other pertinent application information relating to a request for a Special Exception Permit for a boarding stable for 12 horses and an indoor riding arena located at    32 Hatfield Hill Road;

 

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

 

1)                  Lynn Fox, Quinnipiack Valley Health Department Representative, signed off on the back of the application form on December 4, 2018.  She stated, “Approval to utilize existing structures for previous use.”

2)                  The Planning and Zoning Commission received correspondence from Ronald Walters of the South Central Connecticut Regional Water Authority dated December 6, 2018, stating that “Waste storage should conform to Section         19-13-B21(b) and 19-13-B32(e) of the Public Health Code of the State of Connecticut.  Garbage and Refuse 19-13-B21 (b) states, In populous districts stable manure shall be kept in a covered water-tight pit or chamber and shall be removed at least once a week during the period from May first to October first

and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to director of health.  Sanitation of Watersheds   19-13-B32 (e) states, No stable, pigpen, chicken house or other structure where

 

 

 

 

 

 

 

the excrement of animals or fowls is allowed to accumulate shall be located within one hundred feet of the high water mark of a reservoir or within fifty feet of the high water mark of any watercourse as above mentioned, and no such structure shall be located on any watershed unless provision is made in a manner acceptable to the commissioner of health for preventing manure or other polluting materials from flowing or being washed into such waters.

3)                  Rod White, Fire Marshal, signed off on the back of the application form on December 4, 2018, indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.E. of the Zoning Regulations of the Town of Bethany, effective December 1, 2017, Application #2018-026 submitted by Montanna Lambrecht, the Commission hereby approves the Special Exception Permit for operating a boarding stable for 12 horses and an indoor riding arena located at 32 Hatfield Hill Road, located in the R-130 Zone based on the site plan submitted January 2, 2019, which was included in the application materials;

 

And with the following conditions:

 

1)      The maximum number of horses on this property shall be 12.

2)      No additional outdoor lighting shall be installed.

3)      Riding lessons are limited to the riding arena.

4)      There shall be no competitions or shows.

5)      There shall be no stockpiling of manure.  Manure shall be kept in a covered water-tight pit or chamber and shall be removed at least once a week during the period from May 1^st to October 1^st and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to director of health.

Brinton recused herself.

Voting for:  Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

2.      667 Amity Road, CFC Park, Status Update –

 

No one was present to speak on behalf of CFC. 

 

The Commission received a memo received March 6, 2019, from C&J Pump & Filtration, L.L.C. of Bethany, CT, Re:  Well permit pulled with QVHD.

 

Commission members discussed with Hiram Peck, Planning Consultant and noted the following:

o   CFC not addressing the information that the Commission has requested.

o   Mr. Peck will prepare a letter of items that have not been responded to.

o   Have CFC attend next meeting to update Commission.

Tabled.

 

 

 

 

 

 

 

3.      Continue discussion regarding draft Zoning Regulations – Schedule a Special Meeting.

 

The Commission scheduled a Special Meeting for Wednesday, March 13, 2019, at 7:00 p.m. to continue review of draft zoning regulations.

 

 

It was moved by Calhoun and seconded by Buchta to add to the agenda for March 6, 2019, discussion regarding Green Haven/Rocky Corner Development.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

Hiram Peck, Planning Consultant, noted the following items regarding Green Haven/Rocky Corner:

o   Rocky Corner working with the Land Trust on Open Space Requirements.

o   State requiring Rocking Corner to post bond on the entire project.  Town should possibly reconsider bonding requirement.

o   Requirements from Regional Water Authority to set up separate water system.

o   Put bonding on agenda for next regular meeting on April 3, 2019.

Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, submitted the following:

·         Building Permits, dated February 5, 2019 to February 27, 2019.

·         Site Inspections dated February 4, 2019, to February 28, 2019.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by McDonald to adjourn the regular meeting at 7:56 p.m.

Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

 

 

 

 

January 23, 2017 Board of Selectmen

BOARD OF SELECTMEN

JANUARY 28, 2019

Page 1 of 4

DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt

Visitors:  Nancy McCarthy, Attorney Kevin McSherry

The Board of Selectmen meeting was called to order at 7:35 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  The meeting opened with the Pledge of Allegiance.

APPROVAL OF MINTES

First Selectwoman Gorski called for approval of the minutes of January 11, 2019.  The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous.

NON-PERMITTED TYING INTO THE TOWN’S DRAINAGE SYSTEM

The request of Castleberry Construction to tie in drainage from 374 Bethmour Road to the Town drainage was tabled because the engineer was unable to attend this meeting.

TAX REFUNDS

Selectman Shea moved to refund to A M Fluid Equipment, Inc the sum of $120.48, to JP Morgan Chase Bank the sum of $428.04, to Laurie Janul the sum of $383.58, to Mary Ellen Unger the sum of $35.32 and to Susan Schilpp the sum of $104.06 all for overpayment of taxes.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.

CARRINGTON CEMETERY DEEDS

Cemetery deeds were signed by the Selectmen for George and Bette Quinn and Edward and Jeananne Rostowsky.  Attorney McSherry and June Riley witnessed the signatures.   Town Clerk Nancy McCarthy was present for the processing of these deeds. 

ICE STORM UPDATE

First Selectwoman Gorski updated the Board of Selectmen on the recent ice storm damages.  At the height of the storm 96.7% of the Town was without power.  This was due to the extreme cold and broken and falling trees and branches. Most of the power was restored within a two day period.  Eversource will again be back in Town to do another round of tree trimming around power lines.  First Selectwoman Gorski was at the Emergency Center at the Fire House during the storm, meeting with telephone and power company representatives. 

 

 

 

 

FEDERAL WORKER TAX DEFERMENT

model language to assist municipalities In Establishing a PROPERTY TAX DEFERMENT program FOR CERTAIN FEDERAL WORKERS

 In response to the passage of HB 5765, which (1) allows towns and cities to establish a tax-deferment program for those federal employees’ real and personal property or motor vehicle taxes (2) establishes a loan program for certain federal employees impacted by the federal government shutdown, and (3) allows those federal employees’ to receive unemployment compensation benefits, CCM in consultation with legal counsel has drafted model language to assist municipalities that may choose to enact a property tax deferment program.

 The model language was developed through the collaborative efforts of CCM members, staff and outside counsel for your municipality’s consideration.  CCM recommends that any municipality choosing to enact this program consult with their municipal attorney before proceeding and enacting a Tax Deferment Program to assist Federal Employees affected by the Government shutdown beginning December 22, 2018.  

 The Federal Government Shutdown is now the longest in United States history.  These provisions will only last the duration of the shutdown and participation by cities and towns to allow for deferment of these taxes is voluntary.

Model Program: Tax Deferment Program to Assist Federal Employees

Model programs are developed through the collaborative efforts of CCM members, staff and outside counsel for a municipality’s consideration.  CCM recommends that a municipality consult with their municipal attorney before proceeding and enacting a Tax Deferment Program to assist Federal Employees affected by the Government shutdown beginning December 22, 2018.

Municipal Program to defer the payment of taxes on real property, personal property or motor vehicles, or water or sewer rates, charges or assessments, owed by Federal Employees affected by the Federal Government Shutdown that began December 22, 2018.

 

I.                   PURPOSE

 

To implement the Municipal Tax Deferment Program (House Bill 5765, Section 7) approved by the Connecticut General Assembly and signed by Governor Ned Lamont on January 22, 2019.

II.                DEFINITIONS

 

1.      "Affected Employee" means a federal employee who, during the shutdown, is (A) a resident of this state, and (B) required to work as a federal employee without pay or furloughed as a federal employee without pay;

2.      "Shutdown" means the federal fiscal year 2019 partial government shutdown that began on December 22, 2018.

3.      “Tax” for purposes of this Program shall include the following:  taxes on real property, personal property or motor vehicles, and water or sewer rates, charges or assessments.

Following discussion the following resolution was moved by Selectman Hurlburt.

III.             TAX DEFERMENT PROGRAM

 

a)      The Town/City of  Bethany  has approved a deferment program and shall not charge or collect interest on any Tax or part thereof that is payable by an Affected Employee and which became due during the period when such individual was an Affected Employee.

b)      Eligibility for the Deferment Program shall be determined by the town/city.  Evidence of eligibility may include such proof as a paystub or bank statement, a federal employee identification card, the federal tax identification number of the employee's employer and a sworn affidavit from such employee indicating that such employee (i) is currently a federal employee residing in the town/city and (ii) is required to work as a federal employee without pay or furloughed as a federal employee without pay..

c)      The Town of Bethany may require individuals to recertify eligibility on a periodic basis of not less than thirty days.

d)     Each Tax deferred under the program, shall be due and payable without interest or penalty not later than sixty days after the date on which an individual is no longer an Affected Employee.

e)      Upon the expiration of the deferred due date set forth in subsection (d), any Tax or portion thereof which remains unpaid shall include all interest and penalties otherwise provided by law calculated retroactively to the original due date for payment of the Tax or any portion thereof that was deferred

f)       All provisions of the general statutes relating to continuing, recording and releasing property tax liens and the priority in collection of taxes, rates, charges and assessments shall remain applicable to any deferred Tax or portion thereof.

g)      Nothing in this program shall affect lien rights, interest or penalties on, or collection of, any Tax due before December 22, 2018, or sixty days after the date on which an individual is no longer an Affected Employee.

Selectman Shea seconded the resolution.  The vote taken was unanimous.

OTHER MATTERS PROPER TO COME BEFORE THE MEETING

First Selectman Don Shea expressed his concern about the use and modification of the Town Seal for a mail sent out by the Clean Energy Task Force.

ADJOURNMENT

Adjournment was called at 8:10 p.m. after a motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The vote taken was unanimous.

                                                                   Respectfully submitted,

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen