BOROUGH OF NEWTOWN
NEWTOWN, CONNECTICUT
Minutes of the meeting of the Borough of Newtown Board of Burgesses on Tuesday, August 11, 2009 at Town Hall South, Newtown. Warden James Gaston called the meeting to order at 7:30 p.m.
Present: Warden James Gaston, Senior Burgess Joan Crick, Second Senior Burgess Jay
Maher, Zoning Officer Jean St. Jean, Burgess Betsy Kenyon, Burgess Anthony
Baiad, Clerk and Burgess Darlene Spencer, Tax Collector Jodie Enriquez (7:36),
Treasurer and Burgess Marie Walker (8:08)
Absent: None
Senior Burgess Crick made a motion to accept the June 9, 2009 meeting minutes, seconded by Burgess Spencer and unanimously approved.
Senior Burgess Crick made a motion to accept the July 14, 2009 meeting minutes, seconded by Burgess Spencer and unanimously approved.
Farmers’ Market Ordinance: Warden Gaston stated that a copy of the proposed Farmers’ Markets, Art Shows, and Antique Shows Ordinance was posted in The Newtown Bee. The reason for the implementation of this ordinance is to permit season outdoor farmers’ markets, art shows, and antique shows on Town of Newtown owned property, subject to permit. A provision for a farmers’ market is not contained within the Borough or Town Zoning Regulations. It is contained within the Sandy Hook Design District. A farmers’ market cannot be held on the property of an existing business because zoning regulations prohibit a mixed entity use. He explained that if it were not for the regulation, every business in the
Borough would be able to have another business entity on their property such as a carnival, flea market, furniture truckload sale, etc. The Borough would like to find an area where the farmers’ market can be held that doesn’t violate zoning regulations. He further stated that the Burgesses discussed it, consulted with Borough Counsel, and an ordinance was created whereby the farmers’ market could be held on public property. Warden Gaston read the proposed Borough of Newtown Farmers’ Markets, Art Shows & Antique Shows Ordinance. He said that the Burgesses discussed the possibility of holding it in the lower parking lot behind the Edmond Town Hall where there is sufficient parking and space for vendors. Further, many of the offices in the Edmond Town Hall will be moving out and perhaps the building and grounds could become an art and cultural center. If the ordinance is passed, it will become effective within 14 days and
will enable the Edmond Town Hall Board of Managers to have the farmers’ market on their property. Warden Gaston stressed that this ordinance is intended to be helpful, positive, and constructive.
Mary Fellows, 120 Walnut Tree Hill Road, Sandy Hook, said that she has been the Market Master of the Sandy Hook Farmers’ Market for the past seven years. She is also a member of the Edmond Town Hall Board of Managers. She gave a brief history of the farmers’ market and that it has grown considerably over the years. It has been held on the property of St. John’s Episcopal Church in Sandy Hook. She explained that an opportunity arose to bring the farmers’ market to the center of town. She met with Zoning Officer St. Jean about the possibility of holding the farmers’ market on the property of Lexington Gardens and was told that it wasn’t allowed because it is a mixed use of the property. She stated that
Brett from Lexington Gardens indicated to her that he had talked to Zoning Officer St. Jean and that the farmers’ market could be held at Lexington Gardens as long as it was on the grass and not in the driveway. She explained that signs and advertising were ordered and that it wasn’t until the end of the first three weeks that she was informed that the farmers’ market couldn’t be held at Lexington Gardens. Ms. Fellows said that the move to Lexington Gardens was a great opportunity to be more centrally located for their customers. She feels that the Edmond Town Hall is not a suitable location, explaining that it is off the beaten path and that the vendors do not want to be off Rt. 25.
Zoning Officer St. Jean stated that when the parties involved with the idea of having the farmers’ market on the grounds of Lexington Gardens came in, she told them that it wasn’t allowed and that it could be presented to the Borough Zoning Commission for a possible amendment. It is not allowed in the Town either except within the Sandy Hook Design District. She further stated that the manager of Lexington Gardens was aware of it. Zoning Officer St. Jean said that while she was away on vacation, the farmers’ market moved from St. John’s Church to Lexington Gardens. There was no amendment filed with the Borough Zoning Commission. When she returned from vacation she met with the owner of Lexington Gardens indicating that
having the farmers’ market on their property was against zoning regulations. Subsequently, she has had meetings with the Borough Zoning Commission and the Burgesses about the possibility of having the Farmers’ Market on town property, particularly the Edmond Town Hall since there are many people interested in having art and antique shows there. There wouldn’t be a traffic problem, there is plenty of parking with room for larger vehicles and tents, signs could be put up, and it is a highly visible community area.
Kim Mitchell, Mitchell Farm in Southbury, said that he realizes that the Borough has to have some controls in place as to the number of vendors and what type of products they are selling. He has had a permit for 23 years. He suggested that the vendors carry insurance and that signs should be limited to two 2’ x 3’ sandwich board type signs during the season.
Senior Burgess Crick asked why the Edmond Town Hall parking lot would be an unfit location. Mr. Mitchell said that the asphalt can get extremely hot and the tents trap the heat which isn’t good for the produce.
Rose Garvey of Roxbury stated that St. John’s Church has an area beyond the parking lot, near the shade where the ground is covered with wood chips and it is still fairly hot for the farmers and the customers. Also, the wood chips make it hard for wheelchairs to maneuver. She mentioned that the Southbury farmers’ market is on pavement and it is very hot. She feels that shade is important.
Dennis Corson, 33 Cricket Trail, Sandy Hook, dropped out of the farmers’ market when they went back to St. John’s Church because there wasn’t a lot of turn around at that location. He feels that the market should be held in the morning and on a level area. The area behind the Town Hall is sloped. He asked if there were any grassy public areas in the Borough.
Trinity Church and St. Rose Church were mentioned as possible sites as long as they don’t fall into the “mixed use” regulation. Ms. Fellows said that St. Rose Church was interested at one time, but they went with St. John’s Church because the archdiocese of the Episcopal Church puts the farmers’ market on their liability policy.
Warden Gaston asked, assuming that they use the Edmond Town Hall property, if there was a way that the Borough could make it cooler for the vendors by planting some trees. Discussion followed and it was mentioned that perhaps the farmers’ market could be held in the morning when it is cooler. Ms. Fellows said that a study was conducted that determined that afternoons were more well attended. Mr. Mitchell asked if Ram’s Pasture could be used. It was noted there is no parking at that location. Warden Gaston asked if they might be interested in the back parking lot at Trinity Church. Ms. Fellows said that it is a community market and wondered why it can’t somehow be held at Lexington Gardens. Warden Gaston said
that it would be illegal. Further discussion was held concerning Trinity Church, St. Rose Church and the Congregational Church. Warden Gaston asked Ms. Fellows if she would be interested in asking St. Rose Church if they were interested in hosting the farmers’ market and the Borough would do the research to make sure it is allowable under zoning regulations. Ms. Fellows agreed.
Discussion was held regarding signs. Warden Gaston said that a sign could only be put in front of the place where the farmers’ market is being held.
Wes Thompson, member of the Town’s Economic Development Commission, said that he submitted a request to the USDA for money for signage for the Sandy Hook Farmers’ Market. He has met with the vendors and they are very successful if held consistently in the same location. He commended the Borough for trying to find them a place within the center of town. The vendors like Lexington Gardens because of the visibility which they don’t think they will get at the Edmond Town Hall. The vendors would also like more signage such as wine trail signs. He further stated that Jim Shortt of Shortt’s Farm and Garden Center had to pay for his own sign on the interstate, but cannot have another sign in town for people to find his
business. Mr. Thompson expressed an interest in volunteering to assist in the search for a suitable location for the farmers’ market. He thinks that the ordinance should be passed as it is a step in the right direction because agriculture is critical to the vitality of the Town.
Jennifer Alicott, 12 Crestwood Drive, Sandy Hook, stated that there is a farmers’ market in another town where a young man stands by the side of the road with a sign to attract people to the market. It is held on Saturday mornings on an asphalt surface. She believes that the farmers’ market should be held on weekends.
Ms. Fellows said that she picked Tuesdays because it doesn’t interfere with Bethel’s held on Saturdays and Southbury’s held on Thursdays.
Mr. Corson addressed a paragraph in the ordinance that mentions “farm products”. He sells baked goods prepared in a licensed kitchen and would like the language changed.
Ms. Fellows explained that not all the vendors are farmers. The products offered range from homemade soap to baked goods to produce and more.
Zoning Officer St. Jean said that once the farmers’ market is established at a certain location, people will come. She mentioned that Main Street on Halloween night started out small and has grown to 3,200 trick-or-treaters. Senior Burgess Crick urged Ms. Fellows to give the Edmond Town Hall consideration.
Joseph Borst, 10 Beechwood Drive, Sandy Hook, questioned the mixed use zoning regulation.
Warden Gaston explained that the farmers’ market is an individual use and Lexington Gardens is an individual use. You cannot have mixed use entities operating on the same property.
Ms. Fellows questioned Lexington Gardens’ new sign which states “The Villages at Lexington Gardens” and whether that indicates a potential to have the farmers’ market there. Zoning Officer St. Jean said that Lexington Gardens is planning to develop their property.
Senior Burgess Crick made a motion to pass the Borough of Newtown Farmers’ Markets, Art Shows, and Antique Shows Ordinance as presented and subject to the following revisions: “Subject: A) Outdoor Farmers’ Markets” to read “Seasonal Outdoor Farmers’ Markets may be permitted on Town of Newtown owned property, subject to permit approval by the Borough of Newtown, on a temporary basis as a common marketplace for the sale of locally grown fresh produce, farm products, artisan foods, and the like. No permanent structure may be constructed regarding said markets.”; “Permits” to read “Prior to the opening of the Market or Show the applicant shall complete a permit provided by the Borough of Newtown. Said
application shall include the period(s) of time and time of day requested, the number of vendors anticipated, a general description of the subject to be displayed and/or sold, the permit fee, if any, to be paid. Said fee shall conform to the statutory limits permitted by law. Said application may also include inquiry whether traffic control and/or private police duty is required. Said application may also include provisions, limitations and restrictions deemed reasonably necessary to the orderly operation of the Market or Show. Said permit may be submitted to the Borough Zoning Enforcement Officer, Clerk of the Borough, or Warden of the Borough. Approval and rejection of an applicant’s permit shall be made by the Warden of the Borough, and if the Warden is unavailable, by the Borough Zoning Enforcement Officer. Applicants may be required to provide proof of liability insurance as part of the permit process.”; and the addition of “Signage” to read “Sandwich board signage
shall be permitted upon approval of the Borough of Newtown by permit. A maximum of two signs during the season.” This motion was seconded by Burgess Baiad and unanimously approved.
Warden’s Report: Warden Gaston received a number of letters from senior citizens concerning the Sandy Hook Farmers’ Market. He said that they were very nice and basically asked the Borough to do something about keeping the market in the Borough.
With respect to the request for financial information by George Schmidt et al, the information was contained in the 2007-08 annual report. The 2008-09 annual report has not been completed, however, Treasurer Walker had completed her report. A copy of the Borough of Newtown’s Treasurer’s Report Fiscal Year Ended June 30, 2009 and pertinent portions of the 2007-08 annual report were given to Mr. Schmidt.
Warden Gaston reported that a note was received from Scudder Smith thanking the Burgesses for exempting The Pleasance from the Borough tax this year because of its significant contribution to the residents of the Borough.
Tree Warden: Rob McCulloch thanked the Burgesses for his appointment. He explained that as emails came in, he assigned work order numbers, and investigated the concerns. He reported the following: Fadus residence at 57 West Street - 1 Silver Maple and 1 Sugar Maple – not within the Town’s easements or right of way; 12 Queen Street, limbs hanging over sidewalk - recommended Town of Newtown Tree Crew trim back limbs within a week – issue resolved; Ratcliff residence at 5/7 Knollwood Drive, 1 multi leader Red Maple - tree is within easements and right of way, but is in perfect health.
Trees that should be scheduled to be trimmed or removed as follows: (1) Silver Maple at 3 Glover Avenue – hollow leader should be removed; (2) Norway Maple at 17 Glover Avenue is in distress with visible dead limbs - should be removed; (3) Sugar Maple at 49 Main Street is in distress with half of the tree dead - should be removed.
Discussion followed concerning tree on Main Street that should be removed. Warden Gaston asked Rob to find out if the State or the Town will take it down. Rob said he will present a report every month. Warden Gaston asked Rob to get the test strips concerning the Main Street trees from former Borough Tree Warden, John Mead.
Tax Collector's Report: Tax Collector Enriquez reported the following for the fiscal year end June 2009: Total Taxes Due for the List of 2008: $165,078.71. Current Taxes $162,458.39; Back Taxes $3,001.49; Interest $1,975.33; Lien Fees $618.50; Return of Overpayments ($1,725.30). Total Submitted to Treasurer to Date $166,328.41. Current Taxes Collected 97.4%.
Tax Collector Enriquez reported the following for the month of July: Total Taxes Due for the List of 2008: $159,419.40. Current Taxes $30,901.97; Back Taxes $0.00; Interest $0.00; Lien Fees $0.00; Return of Overpayments ($36.78). Total Submitted to Treasurer to Date $0.00. Current Taxes Collected 19.4%.
Tax Collector Enriquez reported the following for the month of August: Total Taxes Due for the List of 2008: $159,409.74. Current Taxes $151,586.92; Back Taxes $1,162.92; Interest $238.50; Lien Fees $48.00; Return of Overpayments ($11,478.74). Total Submitted to Treasurer to Date $30,000.00. Current Taxes Collected 87.9%.
Burgess Baiad made a motion to accept the Tax Collector’s Report for the fiscal year end June 2009, seconded by Burgess Spencer and unanimously approved.
Burgess Spencer made a motion to accept the Tax Collector’s Report for July, seconded by Burgess Walker and unanimously approved.
Burgess Kenyon made a motion to accept the Tax Collector’s Report for August, seconded by Burgess Spencer and unanimously approved.
Treasurer’s Report: Treasurer Walker reported the following for the month of July: A deposit of $328.41 was made from Tax Collector Enriquez for a total of $166,308.41 to date. Also, depositing $3,389.50 from Zoning Officer St. Jean leaving a total of $235,080.65 in the NSBMM Account at the end of fiscal year 2008-09. A transfer of $48,000.00 was made to cover this month’s invoicing leaving a total of $187,080.65 in the NSBMM Account as of July 14, 2009. Capital Reserve is $1,883.66 as of June 30, 2009.
Treasurer Walker distributed copies of the Treasurer’s Report for Fiscal Year Ended June 30, 2009. She explained each page in detail and discussion followed. It was decided that approval of the report would be tabled until the meeting in September.
Treasurer Walker reported the following for the month of August: A deposit of $30,000.00 was made from Tax Collector Enriquez. A transfer of $7,000.00 was made to cover this month’s invoicing leaving a total of $210,080.65 in the NSBMM Account as of August 11, 2009. Capital Reserve is $1,884.42 as of July 31, 2009.
Burgess Walker made a motion to transfer $37.50 from Contingency to Consulting, seconded by Senior Burgess Crick and unanimously approved.
Burgess Spencer made a motion to accept the Treasurer’s Report for July, seconded by Burgess Kenyon and unanimously approved.
Burgess Kenyon made a motion to accept the Treasurer’s Report for August, seconded by Burgess Spencer and unanimously approved.
Zoning Officer’s Report: Zoning Officer St. Jean updated the Burgesses regarding Mr. Rizzardi. Gas Stop representatives asked for an extension and the Borough Zoning Commission granted them two years, however, since then the State Statute now indicates that any approval from 2008-09 is granted six years. Mr. Weihl’s proposed project at the corner of The Boulevard and Church Hill Road will be discussed at the Borough Zoning Commission meeting tomorrow night. Lexington Gardens has filed a complaint and will be coming before the BZC regarding the large amount of nursery items that Caraluzzi’s Market and the Big Y have displayed in front of their stores. Discussions will be held as to where and how much can be displayed. Zoning Officer St. Jean
reported presenting a C of O to the Ace Hardware Store located next to Caraluzzi’s Market. The store will have a “soft” opening in two to three weeks and a grand opening in October. There is one more store front available next to Caraluzzi’s. Discussion was held concerning tag sale signs and Zoning Officer St. Jean reminded the Burgesses to remove tag sale signs that are not posted in front of the tag sale site.
Historic District: Burgess Kenyon reported that she and Chairperson, Stephanie Gaston, are suspending work on the historic district signage until the fall.
Sidewalks: Burgess Maher led discussion regarding the proposed Streetscape Sidewalk Project 2009 which involves the repair of sidewalk from 58 to 62 Main Street. The proposal exceeds the budgeted line item by $5,400.00. Discussion followed. Burgess Maher urged the Burgesses to consider the entire proposal. To repair the sidewalk in front of only two properties is only half of what was repaired last year.
Senior Burgess Crick asked if the Burgesses could make a special appropriation. Further discussion followed.
Warden Gaston asked about the resetting of the sidewalk in front of the Rohmer’s residence at 27 Main Street. Discussion followed.
Senior Burgess Crick made a motion to approve the proposed Sidewalk Project 2009 with $20,000.00 from the budget line item plus $5,400.00 from a special appropriation, seconded by Burgess Kenyon and unanimously approved.
Burgess Kenyon made a motion to approve the resetting of slate sidewalk in front of 27 Main Street for safety reasons with a special appropriation of $5,000.00, seconded by Burgess Baiad and unanimously approved.
Streets & Parks: Burgess Maher said that he is pleased that the Borough has a new Tree Warden. The Burgesses agreed.
Old Business: Burgess Kenyon stated that Rob Connor tediously weed-whacked around the flags that the Newtown Woman’s Club had placed in the grass on the monument island. The members of the club were supposed to remove them so that Rob could mow. Burgess Kenyon said that if the club chooses to display the flags next year, we will have to address the situation.
Warden Gaston mentioned that the flags on Main Street look great and they will be in place until September 11th and then every year from Memorial Day until September 11th.
New Business: Warden Gaston was contacted by Kevin’s Community Center with a request to hang a 22’ x 4’ banner across Queen Street in front of the Middle School from August 30th to September 14th to advertise their September 12th fund raiser, “Mozart, Merlot and Mums”.
Burgess Kenyon made a motion to approve the hanging of the banner by Kevin’s Community Center from August 30th to September 14th and the waiving of the fee, seconded by Burgess Kenyon and unanimously approved.
Public Participation: none
The Annual Meeting of the Borough of Newtown Board of Burgesses will be held on Tuesday, September 8, 2009 at 7:30 p.m. followed by the regular meeting of the Borough of Newtown Board of Burgesses. The meetings will be held in the Borough Officer at Town Hall South.
There being no further business, Burgess Spencer made a motion to adjourn the meeting at 9:57 p.m., seconded by Burgess Maher and unanimously approved.
Respectfully Submitted,
Darlene M. Spencer
Borough Clerk
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