BOROUGH OF NEWTOWN
NEWTOWN, CONNECTICUT
Minutes of the meeting of the Borough of Newtown Board of Burgesses on Tuesday, February 10, 2009 at Town Hall South, Newtown. Warden James Gaston called the meeting to order at 8:00 p.m.
Present: Warden James Gaston, Second Senior Burgess Jay Maher, Zoning Officer Jean
St. Jean, Treasurer and Burgess Marie Walker, Tax Collector Jodie Enriquez,
Burgess Betsy Kenyon, Burgess Anthony Baiad, Clerk and Burgess Darlene
Spencer
Absent: Senior Burgess Joan Crick
Burgess Walker made a motion to accept the January 13, 2009 meeting minutes, seconded by Burgess Baiad and unanimously approved.
Public Participation: Emily Floros of 32 Queen Street stated that she runs with her dog on Queen Street and Main Street sidewalks. On a recent run she fell several times because the sidewalks were not sufficiently cleared of snow and ice and was forced to run on the street which defeats the purpose of having sidewalks. She realizes that this winter has been a difficult one with many snow storms, but wondered if anything could be done.
Warden Gaston stated that after a snow storm he personally clears the snow on both sides of Main Street, but that he was away during the most recent storm.
Lisa Floros of 32 Queen Street asked what legal responsibility homeowners have regarding the clearing of the sidewalk in front of their residence and who enforces it. She has asked the police about it and they informed her that they have nothing to do with enforcing it. She further stated that 8 Main Street and the doctors’ office on the corner of Queen Street and Big Y’s entrance never clear their sidewalks.
Warden Gaston noted that the Town’s Sidewalk Ordinance puts the legal responsibility on the property owner to clear the sidewalk. The State Statute places it on the town or municipality. He explained that if the Borough had an ordinance and the Town had an ordinance, then the Borough Ordinance would take precedence. In this case, the Borough does not have an ordinance, therefore, the Town’s ordinance is upheld. He stated that the Town could send out their public works employees to remove the snow and charge the homeowner or the Town could send the homeowner a violation. Warden Gaston noted that there is a Youth & Family Services Job Bank Blizzard Brigade. This is a program whereby home and business owners can acquire
assistance in clearing snow through Newtown Youth and Family Services. Discussion followed.
Lisa Floros said that on November 3rd the Selectmen approved a decision to install sidewalks on the east side of Queen Street. She was later informed that they changed their decision and want to install the sidewalks on the west side. She met with Town and Borough Engineer Ron Bolmer who said that he would not commit to a specific side because the Town wants the west side and the Borough wants the east.
Warden Gaston stated that this matter was discussed at the January meeting. The Board of Burgesses believes that the Queen Street sidewalk should be installed on the east side for many reasons, but the final decision rests with the Town. He reported that the Board of Selectmen favor the west side and it will be installed on the west side since they are paying for it. Warden Gaston said that he has discussed it with Borough Engineer Ron Bolmer. Additionally, a five member committee has been appointed. The committee members will be contacted within the next few weeks to set up a date to walk Queen Street and discuss a plan.
Jim Boyle of 5 Meadow Road expressed concern about the raised crosswalk which was removed from Glover Avenue. His daughter meets a school bus there and since the removal of the speed bump it has become more dangerous and very difficult to cross. He also mentioned the difficulty crossing Main Street at the flagpole.
Warden Gaston stated that the raised crosswalk will probably be reinstalled when the threat of bad weather has passed. He noted that the State DOT would have to approve the installation of a raised crosswalk on a State Road which he feels is very unlikely. It was suggested that an unmanned police car be placed on Glover Avenue and on Main Street as a speeding deterent. Discussion followed.
Margaret O’Neill Murphy of 8 Meadow Road commended Warden Gaston for clearing the Main Street sidewalks, however, due to the number of storms and the snow melting and refreezing, the sidewalks are in deplorable condition. She mentioned that she is representing several residents that regularly use the Borough sidewalks, but couldn’t attend the meeting. They would like the Borough to enforce the ordinance. She mentioned that she broke her ankle once when she slipped on ice on a Borough sidewalk and doesn’t want it to happen to anyone else. Ms. Murphy stated that the Police told her that it is not an enforceable ordinance.
Warden Gaston stated that the ordinance is enforceable. He further stated that he will send a letter to the First Selectman addressing this matter.
Warden’s Report: Warden Gaston reported that he received a copy of an email that was sent to Sue Marcinek, Executive Assistant to the First Selectman, from Town Engineer Ron Bolmer regarding a request that Mr. Bolmer received concerning the installation of a sidewalk from the intersection of Rt. 25 and Rt. 302 to #7 South Main Street. He was asked by Sue Marcinek to comment on it and respond to First Selectman Joe Borst. Warden Gaston led discussion about the possibility of a sidewalk in that area. Positive feedback was received from the Burgesses and it was suggested that the sidewalk continue to Meadow Road. Warden Gaston will send a letter to First Selectman Borst.
Tax Collector's Report: Tax Collector Enriquez reported the following for the month of February: Total Taxes Due for the List of 2008: $165,083.29. Current Taxes $160,262.47; Back Taxes $2,770.55; Interest $1,603.34; Lien Fees $336.00; Return of Overpayments ($1,543.99). Total Submitted to Treasurer to Date $161,500.00. Current Taxes Collected 96.1%.
Burgess Walker made a motion to accept the Tax Collector’s Report, seconded by Burgess Spencer and unanimously approved.
Treasurer’s Report: Treasurer Walker reported the following: A deposit of $500.00 was made from Tax Collector Enriquez for a total of $161,500.00 as of January 19, 2009. A transfer of $5,000.00 was made on February 10, 2009 to cover this month’s invoicing making a total of $261,995.87 in the NSBMM Account. Capital Reserve is $1,880.20 as of January 30, 2009.
Burgess Kenyon made a motion to accept the Treasurer’s Report, seconded by Burgess Spencer and unanimously approved.
Zoning Officer’s Report: Zoning Officer St. Jean reported that if the raised crosswalk is reinstalled on Glover Avenue, equipment will be set up to track traffic usage. Discussion was held concerning the Police Commission installing “slow down” signs in the Historic District. Zoning Officer St. Jean updated the Burgesses regarding the curb cut management study committee. The engineering firm of Fitzgerald and Halliday has been selected to help. Wachovia Bank is coming before the Borough Zoning Commission Wednesday night to present a slight modification to their design and discuss signage. Zoning Officer St. Jean gave an update regarding the recent Borough court case in which a judgment was issued. Discussion followed. Updates
were given regarding Lexington Gardens and Gas Stop.
Historic District: Burgess Kenyon reported that the Historic District expansion project was voted in at the last meeting. The Ordinance has been published in The Newtown Bee and will go into effect on March 1, 2009. It will then be recorded with the Town Clerk. She will distribute the updated Historic District Expansion booklets at the next meeting.
The Historic District Commission granted approval of the application submitted by the Roberto estate concerning the possible raising of the house located to the north of the Newtown Ambulance Association. The Ambulance Association is interested in purchasing the property as long as they have the option to demolish it, if needed, for expansion purposes. Burgess Kenyon explained that the Historic District does not have the authority to stop demolition plans, but they could slow the process down. The Commission was advised by Borough Historian Dan Cruson that the house has no historic significance other than some of the timbers used to build the house were taken from a one room school house that once stood on the monument property. She further noted that Mr. Cruson thought that if
the house is demolished, some of that wood could be salvaged.
Sidewalks: Burgess Maher expressed concern for the Borough residents in attendance and the current state of the sidewalks. He asked the Burgesses if it would be advisable to contract out the clearing of the sidewalks with a budget figure of $5,000 to $6,000 annually. Discussion followed. There was also discussion about hiring teens through the Youth & Family Services Job Bank Blizzard Brigade.
Zoning Officer St. Jean suggested putting an article in The Newtown Bee reminding residents that they must remove the snow and ice from their sidewalks.
Warden Gaston will contact the First Selectman and then proceed from there.
Streets & Parks: Nothing new to report
Election: Burgess Maher suggested that the people who are up for re-election attend future nominating meetings. Discussion followed.
Clerk Spencer noted that she will be meeting with the Registrar of Voters to prepare the ballot for the election in May.
Old Business: Warden Gaston distributed copies of the Borough of Newtown’s Audited Financial Statements with Report of Independent Certified Public Accountants Year Ended June 30, 2008 which were completed by Borough Auditor, Glenn Nanavaty of Nanavaty, Nanavaty & Davenport. A copy has been filed with the State Office of Policy and Management. A copy will be on file with the Borough Clerk and one will be filed with the Town Clerk. Warden Gaston noted that Glenn Nanavaty affirmed that the Borough is in sound financial condition.
New Business: Discussion as held regarding the appointment of a Borough Auditor for the 2008-09 fiscal year-end.
Burgess Spencer made a motion to reappoint Glenn Nanavaty of Nanavaty, Nanavaty & Davenport for auditor year-end June 30, 2009, seconded by Burgess Walker and unanimously approved.
Public Participation: none
The next regular meeting of the Borough of Newtown Board of Burgesses will be held on Tuesday, March 10, 2009 at 7:30 p.m. in the Borough Office at Town Hall South.
There being no further business, Burgess Walker made a motion to adjourn the meeting at 9:12 p.m., seconded by Burgess Kenyon and unanimously approved.
Respectfully Submitted,
Darlene M. Spencer
Borough Clerk
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