Town of Newtown, CT 3 Primrose Street, Newtown, CT
January 17, 2012
The Economic Development Commission held a regular meeting on Tuesday, January 17, 2012 in meeting room 3 of the Municipal Center located at 3 Primrose Street, Newtown, CT 06470.
The meeting was called to order by Co - Chairman, Margaret Oliger at 7:01 pm.
Present: Co - Chairman, Margaret Oliger, Co – Chairman, Donald Sharpe, Secretary, Joe Humeston, Vice – Chairman, Walter Motyka, Joe Tarshis, Elana Bertram, Martin Gersten
Absent: Tom Murtha, Jean Leonard
Also Present: Elizabeth Stocker, Director of Economic and Community Development, Robert Rau, Ann Peters
Acceptance of Minutes:
Mr. Sharpe made a motion to accept the minutes of the December 20, 2011 meeting minutes as submitted. Mr. Humeston seconded the motion which carried unanimously.
Public Participation and Invited Guests:
Ann Peters, Chair of Inland Wetland Committee, attended the EDC meeting to discuss brownfields. Ms. Peters defined brownfields as any property that is abandoned or underutilized because of suspected or known contamination. Contamination includes soil, ground water, hazardous building materials, oil, solvents, metals, and waste materials.
The DEP, EPA, and DEEP all have lists of properties where clean – ups have occurred, contamination is known to be there, or contamination is suspected on the sites. No one list includes every contaminated property. Any property can be considered if it is abandoned or underutilized if there is suspected or known contamination.
Listing some of these properties on some of these sites could be considered good advertising for potential buyers who are looking to take advantage of grants, funding, and low interest loans. There is no obligation to list the properties.
There are obstacles for developers looking to utilize the properties. There are costs to clean – up contamination, it may be difficult to quantify the liability and costs up front, and if the developer is from out of state it is difficult to understand and maneuver through Connecticut’s environment laws. The Legislature and DEP is re-writing the laws and creating entry and exit points along with benchmarks which would add value to the property after each benchmark is passed. The proposal should arrive at the legislature within the next few weeks.
In terms of reporting, there is a spill reporting statute that requires a spill to be reported but not cleaned up. If there is historic contamination the property owner does not necessarily have to call the DEP unless there is a significant environmental hazard. The owner needs to start the process to clean – up but the timeliness of the clean – up depends on the level of contamination. If it is not reported the owner faces a significant fine. Oftentimes an LEP (licensed environmental professional) will evaluate a site and they are obligated to report any contamination to the property owner and client and potentially the DEP depending on the level of contamination.
The Property Transfer Act is when the buyer needs to be informed of a know condition and the process to clean up needs to be started. This has become a significant impediment to development and is very expensive. The DEP is planning to repeal this act and the properties that are currently in this process will be transitioned out.
The reporting of contamination happens at the state level to the DEP. In many towns the EDC often takes over the responsibility of brownfields however it can be very time consuming even though there are funds at the state or federal level to remediate the properties. The EDC may form a sub – committee to handle the brownfields.
Ms. Stocker stated that Newtown joined the Regional Brownfields Partnership and she is working with Arthur Bogen on the grant application for the Batchelder property to remediate the water contamination. Ms. Stocker also informed the commission that Newtown has 2 brownsfield grants and has 2 grants pending.
Mr. Gersten stated that the brownfields could potentially be assets to the town if they are going into tax foreclosure. Ms. Peters reminded the commission that it is competitive for the grants and sometimes poor municipalities are given preference over more well off municipalities like Newtown.
Mr. Sharpe asked about how many brownfield sites are in Newtown. Ms. Stocker replied there are about 30, 10 of the properties own taxes to the town. The town does not currently have enough resources to close on all 10 properties at this time.
Mr. Humeston summed up the steps that need to be taken to assess contaminated sites before entering the property into foreclosure. The first phase is filing with the DEP, evaluating the site, and getting reports on possibly contaminated locations on the property. The second phase is collecting samples of the possibly contaminated sites on the property and the third step is finding the boundaries of the contaminated parts of the property. After these three phases it will be easier to create budgets and apply for grants for remediation.
Mr. Gersten pointed out this may be a way to gain revenue for the town. Ms. Stocker stated that the grants currently held are for Phase 2 of the remediation process and for clean – up of the single family houses on the Fairfield Hills Campus. The state often wants to see outcomes from the original grants before granting more money.
Ms. Peters encouraged the Commission to speak to their legislators if they believe in the overhaul of the brownfields regulations. She encouraged the commission to speak to Graham Stevens, the Brownfield Coordinator for the DEP, or Macky McCleary, Deputy Commissioner of DEP, if they have any questions or concerns about the new regulations.
Ms. Peters also informed the commission that there will be a program about new liability relief for brownfields in Hartford on Wednesday, January 25 at 7:45 am. Breakfast will be served.
Ms. Peters prepared a binder of information for the commission containing the following information: websites about individual brownfield sites, websites about funding brownfields, two statutes about the right to go onto property and the brownfields redevelopment bills, materials about the proposed revision, and print outs about brownfield sites in Newtown.
Mr. Motyka questioned Ms. Stocker about storing the resources and information the commission has been gathering where the commission members can access it when they need it. Suggested sites were the EDC office at the Municipal Center or another room in the Municipal Room.
Ms. Bertram was curious if the town had looked into creating an LLC to take on these properties. Mr. Sharpe stated he wasn’t sure if they were ready for an LLC yet but they may need some more information about it. Ms. Bertram will be looking into the process of creating an LLC with some objectives or goals for the next meeting. Ms. Bertram will also be looking into some potential recommendations for the DEP about the regulations.
Roundtable Discussion – Ongoing Activities
Ms. Oliger asked for the commission members to discuss any information on ongoing activities.
FFH/SHOP
Mr. Humeston stated that the SHOP meeting was cancelled but rescheduled for a later date. He also stated he spoke with William McCarthy of American Wire and has put in a third call to set up an appointment about the subject property.
EDC Road Map
Mr. Motyka found the original EDC roadmap and will be using it as a basis to update it for current times.
Mr. Motyka also informed the commission about a letter he wrote on his own to Pat Llodra about leasing properties for $1 with a 60 – 90 year lease where the renters will put money into improving the property. The taxes would be based on the required improvements to the structure as whole. The client would have to improve the building as part of the lease agreement.
Newtown Day
Mr. Tarshis told the commission that the committees were beginning to take action and that he is meeting with each committee individually. They have collected $200 so far. Janet Robinson, Superintendent of Schools, is 100% behind the project and has offered all school parking lots for use. She stated it may be nice to have the clubs and organizations at the schools participate so the upcoming students can see what each club does during the school year. Mr. Tarshis also mentioned renting a bus for the day to make loops between all of the school parking lots. Mr. Tarshis is planning on sitting down with her marketing group and wants to spend a majority of the money on advertising.
Regional Development Efforts
Mr. Sharpe has a 12 page report to justify economic development in Newtown. There is a one page chart comparing Newtown to 8 other nearby towns. He also offered the Freedom of Information Act pamphlets to any commission member who wanted one.
Reports:
Director of Economic & Community Development – Report and Budget Update
Ms. Stocker informed the commission that there is active commercial activity going on in Newtown, both residential and commercial building permits are increasing. Her report is at the end of the minutes.
Mr. Sharpe made a motion to enter into an Executive Session at 8:30 pm about the sale or lease of town owned properties. The motion was seconded by Ms. Oliger. The motion was carried unanimously. Robert Rau and Elizabeth Stocker were invited to join in.
Mr. Gersten made a motion at 9:35 pm to come out of Executive Session. The motion was seconded by Mr. Motyka. The motion was carried unanimously.
Mr. Gersten made a motion at 9:36 pm to re-convene the regular meeting. The motion was seconded by Mr. Motyka. The motion was carried unanimously.
Mr. Sharpe motioned that in light of current market condition, the Economic Development Commission has decided to re-evaluate its marketing options for the Newtown Technical Park and suspend its permit appeals to state and federal agencies. The motion was seconded by Mr. Motyka. The motion carried unanimously.
Adjournment:
Mr. Motyka made a motion to adjourn the meeting at 9:43 pm. The motion was seconded by Mr. Humeston. The motion was carried unanimously.
The next regular meeting will occur on Tuesday, February 21, 2012 at 7:00 pm at the Newtown Municipal Center.
Submitted, Jessica Smith, clerk.
REPORT BY ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR
FOR ECONOMIC DEVELOPMENT COMMISSION
January 2012
1. Tech Park: The ACOE & DEEP permits are in process and written comments have been received. A meeting was held on January 5th in Hartford.
2. The Tech Park, Fairfield Hills, Batchelder continue to be advertised on Loop Net, Co Star & CERC Site Finder. I listed several privately owned commercial properties for the property owners and brokers who have asked to be listed on CERC Site Finder under the EDC.
3. EDC web site updates are ongoing. MaryJane is working on the Commission profiles. The new strategic plan, an enews archive utilizing Constant Contact, the sign pamphlets and the permitting road map will be added.
4. Commercial development activity - Several inquiries came in over the past month as follows:
• Resident interested in a start up operation seeking how-to guidance
• Local business seeking a new location – 10,000-15,000 sf for medical offices
• Axel Plastics seeking alternatives to 30 Pecks Lane
• Wind Enterprises/ Zephyr Lock LLC purchased the former Neumade building and business and will grow the business and will add jobs
• A former Newtown business that moved to Monroe inquired about moving back to Newtown and is interested in the Lexington Gardens site
• The propane gas company that inquired last month is still interested in the former Batchelder site
• An organic composting business is seeking a 2 acre commercial/industrial site to purchase and use for the business
• Interest in Eagle Hill Rehabilitation Center
• Inquiries for the 155,000 sf former Pitney Bowes facility on Edmond Road have been coming in
• The rock climbing business is still interested but has not closed on the Turnberry site – zoning was changed to allow.
• I met with a broker who has an interest in Fairfield Hills – a follow up is expected
• Interest in a Mt. Pleasant Road site for a small business –
5. Sandy Hook: A planning meeting was held. A RFP for design/construction will be advertised for the streetscape work.
6. Grants: A $400,000 STEAP grant for the infrastructure/streetscape work at Fairfield Hills was approved. The EPA clean up and assessment grant applications were submitted. EPA called to say that they will be offering a new grant for single properties that have a need for assessment and clean up. The next round of CT Brownfields grants are due in Hartford on Feb. 3rd. A plan for Batchelder is being explored. Funding for sidewalks along South
Main Street from Glover south to Mile Hill Road and then along Wasserman to Trades Lane was submitted to HVCEO under the Transportation enhancement program.
7. Budget: A request to increase the EDC’s consulting budget by $10,000 (to $40,000) has been submitted. Budget meetings will be proceeding this month (1/19 BOS).
8. The Western CT CEDS (WC CEDS) group meets on January 18th in Danbury. The NVC CEDS group meets on Thursday, January 19th in Shelton, I will attend both meetings.
9. The CT Office of Policy and Management will make a presentation to HVCEO on Thursday, February 9th on the draft 2013-2018 Conservation and Development Policies Plan for Connecticut. The draft C&D Plan is to be published by March 1, 2012 and will be followed by public hearings. The draft is online and may be accessed using this link: http://www.ct.gov/opm/lib/opm/igp/cdplan/2013/2013-2018_initial_draft.pdf
1/17/2012 Elizabeth Stocker 203-270-4271
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