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12-9-08 Special Meeting

1

Conservation Commission
APPROVED MINUTES
Special Meeting
December 9, 2008, 6:00 p.m.
31 Pecks Lane, Newtown, Connecticut

Commissioners Present: Hovious, Ferguson, Cramer, Wright (via telephone), Kaley and Wilson
Staff Present: Rob Sibley, Deputy Director, Tammy Hazen, Clerk
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Executive Session opened at 5:30 p.m. and adjourned at 5:59 p.m.

The public meeting was called to order at 6:10 p.m.

I.      Public Participation:  Several members of the public were present to discuss Deer Management/Lyme Disease or the Vona application.  Commissioner Ferguson motioned to move subject matter on the Vona Subdivision to first on the agenda and that place Deer Management be placed second on the agenda.  Commissioner Cramer seconded the motion.  Motion carried unanimously.

II.     Approval of Minutes: Commissioner Ferguson motioned to approve the minutes of October 28, 2008.  Commissioner Wright seconded the motion.  Minutes were discussed and approved as amended.  Commissioner Wright motioned to approve the minutes of November 25, 2008.  Commissioner Ferguson seconded the motion. Minutes were discussed and approved as amended.  Commissioner Wright asked that the minutes are typed using a larger font.  

  III.  Old Business – Progress Reports and Updates.

1.      Open Space Purchase Discussion and Resolution as Appropriate No update.
2.      Open Space at Commerce Road Update.

Commissioner Ferguson noted that the Economic Development Commission (EDC) asked for feedback from the Commission about the possible use of open space for either agricultural economic development or the construction of solar collection devices.  The commissioners had lengthy discussions regarding these two items.

Regarding solar devices on the open space portion of the property:  Commission Cramer motioned that the Conservation Commission do not agree to put solar collection devices on the open space conveyed by the state.  Seconded by Commissioner Kaley.  Motion carried unanimously.

Regarding Agricultural use:  Commissioner Ferguson motioned that the Conservation Commission indicate to the EDC that it would consider the possibility of utilizing limited and appropriate land designated as open space for agricultural use, in combination with the agricultural use of the EDC land and with the understanding that this would preclude the construction of nonagricultural buildings on the EDC property.  Mary Wilson seconded the motion.  There was a lengthy discussion.  Nays: Commissioners Wright, Cramer and Hovious; Ayes:  Commissioners Kaley, Wilson and Ferguson.  The motion does not carry.

3.      Status of Iroquois Property Transfer - No update.

4.      Kotch question of CT General Statute 12-107 and Danbury Tax abatement program. No update.

5.      Vona Subdivision.

Brian and Terry Hennessey, 37 Eden Hill Road, were present and stated that they currently enjoy the parcel of land for hiking and horseback and are concerned about continuing access through the property to link with other open space.  They also asked if access from Eden Hill Road via an existing carriage road would be possible.  It was also noted that the areas designated as open space on the Vona plans contain slopes and is rocky and wet.

Carol Bussi, 143 Hattertown Road, described the area as having a deep culvert and is rocky and inaccessible by foot or horseback.  Dee Davis, 42 Orchard Hill Road, was also present to discuss concerns for access.  Terry Lennon, 11 Aunt Park Lane, asked if it was possible to offer the Vona’s a decreased percentage of open space in lieu of better quality portion for open space.  

Commissioner Hovious and Mr. Sibley suggested the interested parties mark a copy of the map with their preferences and write a list of criteria to suggest a working solution.  Commissioner Hovious suggested they attend the Planning & Zoning hearings as well.  Commissioner Cramer and Wright are willing to create a subcommittee to compile information on this subject.

6.      Hunting on Open Space Lands.

Mr. Sibley noted that a list of parameters for a deer ad hoc committee was sent to the First Selectman.  Commissioner Hovious met with the First Selectman to discuss the Commission’s role in this matter, which is not yet defined.

Dave Shugarts, 19 Wendover Road, (a member of the Newtown Lyme Disease Task Force and liaison to the Fairfield County Municipal Deer Management Alliance) was present to read his statement that was submitted to the Commission.  The statement will be available in the Land Use Agency.  He also submitted information on deer management.  Commissioner Cramer stated her disagreements with some of Mr. Shugarts statements.  

Commissioner Hovious Mr. Shugarts what kind of groups do controlled hunting.  Mr. Shugarts stated that there are groups that charge for services and others that are volunteers that will bow hunt at no cost.  He mentioned a group out of Oxford called White Tail Solutions that are being used by Brookfield.  Commissioner Ferguson asked what the difference is in their methodology.  Mr. Shugarts noted the groups that are paid use non-lethal methods such as the application of tick-a-cide or contraceptives on the deer or a more humane way to kill is to have the deer tranquilized and then killed.


Commissioner Wilson asked how many deer Mr. Shugarts would anticipate culling.  Mr. Shugart stated that there’s no way to measure at this time.  

Dave Stout, 9 Grand Place, stated that he is a bow hunter and made statements regarding the safety of bow hunting and noted that other than human (hunter or vehicle), the only other predators left in Connecticut are the Bobcat, Cougar and Wildcat.  

Commissioner Hovious asked how many deer are currently harvested in Newtown.  Mr. Sibley stated that the 2006 DEP statistics show 396 deer for that year.  Mr. Stout stated that the 2007 DEP statistics record shows the following: Archery (116), Shotgun/ Rifle (132), Land owner (6), Muzzle loader (13), Crop kills (13), Road kill (21), and other (3).

Maggie Shaw, RN and member of the Newtown Lyme Disease Task Force shared her concerns over the increasing rate of tick borne diseases.  She noted experts in the state that are working on this problem and feels that as the deer populations rise, diseases increase.

Commissioner Cramer stated that there are several other viewpoints and information that can be obtained before deer culling is considered.

Dee Davis was present to note her opposition of hunting on open space.

Commissioner Ferguson asked methodology is used to determine deer density.  Mr. Shugart stated that the DEP has performed fly overs in Fairfield County, and that deer density is between 40 to 60 deer per square mile.

Russ Cornelius, with Brookfield Lyme Task Force, 36 Marlin Drive, stated that Howard Kilpatrick from the DEP does the fly-overs using a helicopter to check for deer density.  He noted that Newtown is in Zone 11 which is designated as unlimited hunting.

Commissioner Hovious stated that some of the open space parcels have deed restrictions and that everyone concerned should be specific as to what parcels are being considered.

7.      CC Leadership for 2009.  Item tabled.
        
IV.     New Business

Commissioner Ferguson motioned to add two items to the agenda (First Light agreement and 490).  Commissioner Cramer seconded the motion.  Motion carried unanimously.

1.      First Light Draft of “Shore Line Management Plan” Agreement.  First Light was required by FERC to create a shoreline management plan for towns surrounding Lake Zoar, Candlewood Lake and Lake Lillinonah in order to help enforce a shoreline management program.  The Commissioners were asked to review the agreement and forward any comments to Mr. Sibley.  

2.      490.  Mr. Sibley discussed information he received from a meeting with the Director of Finance regarding the three portions of the 490 plan.  The Town has adopted the Forestry and Agricultural aspects of the plan.  They discussed the open space portion of the program and how it would benefit future preservation of open space.

Commissioner Cramer motioned to adjourned at 9:30pm. Seconded by Commissioner Wilson.  Motion carried unanimously.