The Board of Selectmen held a regular meeting on Monday, September 23, 2002 at the C. H. Booth Library, Main Street, Newtown, CT. First Selectman Rosenthal called the meeting to order at 7:30 PM.
PRESENT: First Selectman Herbert Rosenthal, Selectman Joseph Bojnowski,
Selectman William Brimmer.
ALSO PRESENT: Finance Director Ben Spragg, Town Engineer Ronald Bolmer, Parks & Recreation Director Barbara Kasbarian, Asst. Director of Parks Carl Samuelson, Parks & Recreation Chairman Larry Haskell, Parks & Recreation Commission member Carlen Gaines, 30 members of public, one member of press
VOTER PARTICIPATION – Ms. Barbara O’Connor, 36 Little Brook Lane, stated that work was recently done on Huntingtown Road. Some of it was done by contractors and the rest was done by the Newtown Highway Department. She feels the Town “would have been better off having the entire thing done by outside people”.
Approximately 30 people were present to speak regarding proposed development of property on Boggs Hill Road by the Cambodian Buddhist Society.
Mr. Richard Coburn, 141 Boggs Hill Road, speaking as President of the Newtown Residential Preservation Society. They have major concerns in regard to environment, property values, traffic and noise in residential areas, and waiving land use regulations in order to permit spot zoning by placing non-residential properties into zones long designated as residential. An applicant has requested special exception – a waiver from conservation and zoning requirements. This proposed development would involve upwards of 100 cars, in addition to festivals attracting over 400 people at least 4 times per year. They feel this will destroy the quality of life as it exists today.
First Selectman Rosenthal stated that the Planning & Zoning Commission is charged by both State Statute and Town Charter with the authority to approve these applications. Comments should be directed to them. He advised those present that it could be helpful to their cause to have an attorney who is familiar with land use regulations. Unless those opposing an application present grounds for which Planning & Zoning can legitimately reject an application, an applicant who is denied can go to court and prevail. In the zoning regulations, religious organizations are allowed, by special exception, in residential zones. Almost every church in Newtown is in a residential zone.
Ms. Jeanette Coburn, 141 Boggs Hill Road - living in a rural setting is important to her. She lives within 500’ of this proposed development. Her driveway serves as a turnaround for members of the Buddhist Society. She feels elected members of this board should have some say in promoting the welfare of taxpayers.
Ms. Christina Kennedy, Mt. Nebo Road - visitors to the Buddhist Society property turn around in her driveway.
Ms. Betty Lincoln, 34 Echo Valley Road - the people whose interests are being infringed upon are taxpayers. Religious institutions are exempt from taxes and exempt from rules and regulations.
Mr. Bryan Clark, Boggs Hill Road – feels that the “festivals” will be more than 4 times per year. This will continue to grow.
Ms. Barbara Hayward, 60 Shepard Hill Road – the Society has 450 members. She is afraid it will get bigger. The taxpayers will have to absorb costs for services for people who are not even from Newtown.
Mr. Bob Cox, 153 Boggs Hill Road – when someone is planning this kind of a development, is there an office for them to go to for information about land available? The Buddhist Society has been looking for a site since 1993. Mr. Rosenthal answered that we do have a Community Development Office but to his knowledge, the Society did not contact that office that they were looking for property.
Mr. David Goodrich, 14 Ox Hill Road – asked how active can the First Selectman be in this issue? He is not complaining that Buddhists are coming into town, it is the amount of traffic being generated in a residential area. Mr. Rosenthal advised that the First Selectman is an ex-officio member of all boards and commissions but does not have a vote on any board other than the Board of Selectmen.
Ms. Michael Stirk, 14 Ox Hill Road, is opposed to the scale of the building, the volume of traffic and the volume of people. The newspaper makes those in opposition look bigoted and narrow minded. The scale of this project is not appropriate for that property and location.
Ms. Jeanette Coburn, 141 Boggs Hill Road, feels that elected officials should represent the people. “ This is not an issue you can back off on and totally disassociate yourselves from and turn over to Planning & Zoning. You need to take some position to assist us.”
Mr. Rosenthal advised again that by Charter and State Statute, certain responsibilities are charged to the Board of Selectmen and others to the Planning & Zoning Commission. Although, the Board of Selectmen are generally charged with the health and public safety of the community, they cannot usurp the authority of other boards and commissions who do have the authority to act. In this instance, the decision to approve or disapprove an application is with the Conservation Commission and Planning & Zoning Commission.
Mr. Jeff ______________, asked if the town could consider a land swap for property at Fairfield Hills?
COMMUNICATIONS: None
ACCEPTANCE OF MINUTES: Upon motion by Selectman Brimmer, the minutes of the September 10, 2002 meeting were unanimously accepted as presented.
UNFINISHED BUSINESS
Capital Improvement Plan
Parks & Recreation representatives were present to answer questions raised by Selectman Bojnowski regarding a proposal in the five year CIP for a maintenance facility and a recreation center.
Assistant Director of Parks Carl Samuelson prepared a spatial needs assessment. The existing maintenance facility located at Treadwell Park was designed more than 25 years ago to house three full time employees and store two trucks and two mowers. Today, we have nine full time maintenance employees, eight trucks and seven mowers.
Selectman Bojnowski stated that in reviewing the proposed Capital Improvement Plan, he personally feels that people are concerned about their property taxes. He feels that a new maintenance facility is probably long overdue but that this may not be the best time to move forward. Possibly it should be delayed a few years.
Parks & Recreation Commission Chairman Larry Haskell stated that 20 years ago, they only had six facilities to maintain, now they have 35 with more being added. Equipment is stored in all different locations. They need a location that is secure from vandalism and weather. This has already been put off for ten years. This is as important as any other project in the works.
Ms. Kasbarian stated that six years ago, they included funding in their budget for a garage. At that time, they were asked to remove the request and share a garage at Fairfield Hills with the Board of Education. Parks & Recreation only occupies one bay in that garage, which does not meet their needs. They are proposing a pre fabricated addition to the existing garage at Treadwell Park. A local architect is preparing a feasibility study and drawings. They do not see any existing building at Fairfield Hills that would be suitable for a maintenance building.
In the five year Capital Improvement Plan, the First Selectman had recommended putting money for design in the 2003/2004 budget with possible construction planned for the following fiscal year budget.
Mr. Bojnowski moved to approve First Selectman recommendation for maintenance facility and for recreation center in the Capital Improvement Plan. Motion seconded and unanimously carried.
Public Hearing – Application for TEA-21 Funds for Sandy Hook Streetscape
Selectman Brimmer moved to hold a public hearing on Monday, October 21, 2002 at 7:15 pm in the meeting room at the C. H. Booth Library, Main Street, Newtown, to discuss plans for streetscape improvements in the Sandy Hook business center and to discuss a proposed application for assistance under The Federal Transportation Enhancement Program. Motion seconded and unanimously carried.
Building Permit Fees
Selectman Brimmer moved to approve an increase in Building Permit Fees to $30.00 for the first $1,000 in construction costs and $10.00 for each additional $1,000.00. Motion seconded and unanimously carried.
NEW BUSINESS
ADDITION TO AGENDA
Selectman Brimmer moved to add three items to the agenda: Transfer – Assistant Town Clerk Salaries, Call of Annual Town Meeting and Offer to transfer Wiley Lane to Town. Motion seconded and unanimously carried.
Road Acceptance, Cobblers Mill Road, “Cobblers Ridge”, Resubdivision of Lot 33
Selectman Bojnowski moved to accept Cobblers Mill Road (extension), Resubdivision of Lot 33 into the Newtown Highway System and to reduce the bond to $21,600.00 which represents a 10% maintenance bond to be held by the Town for a period of one year. Motion seconded.
Town Engineer Ron Bolmer advised that there is some curb damage on the road. After some discussion it was decided to have Mr. Bolmer talk to developer about having the curbs repaired.
Selectman Brimmer moved to TABLE the motion until the next meeting. Motion seconded and unanimously carried.
Road Acceptance, Brandywine Lane, “Brandywine Estates”, Resubdivision of Lot 20
Selectman Brimmer moved to accept Brandywine Lane (extension) into the Newtown Highway System and to hold $11,000 as a maintenance bond for a period of one year. Motion seconded and unanimously carried.
Bond Reduction, Boulder Creek Road, “Boulder Creek” Subdivision
Selectman Bojnowski moved to reduce bond for Boulder Creek Road, “Boulder Creek” Subdivision from $240,000 to $101,000. Motion seconded and unanimously carried.
Bond Reduction, Quarry Ridge Road, “Quarry Ridge Estates” Subdivision
Selectman Brimmer moved to reduce bond for Quarry Ridge Road, “Quarry Ridge Estates” Subdivision from $260,200 to $98,000. Motion seconded and unanimously carried.
Bond Reduction, North Ridge Drive and Pond View Drive, “Newtown Hunt” Subdivision
Selectman Bojnowski moved to reduce bond for North Ridge Drive and Pond View Drive, “Newtown Hunt” Subdivision from $1,064,000 to $319,200. Motion seconded and unanimously carried.
Driveway Bond Releases/Extensions
Selectman Brimmer moved to release two (2) driveway bonds as outlined on Attachment A. Motion seconded and unanimously carried.
Selectman Bojnowski moved to release one subdivision (common driveway) bond as outlined on Attachment A. Motion seconded and unanimously carried.
Selectman Brimmer moved to approve six month extensions for two driveway bonds as outlined on Attachment A. Motion seconded and unanimously carried.
Contract, Parks & Recreation, Teamster Union Local 145
First Selectman Rosenthal advised that negotiations have been finalized with the Parks & Recreation maintenance personnel. Highlights are outlined on Attachment B. Money was put into Contingency for the purpose of settling this contract.
Selectman Brimmer moved to transfer FROM Account 01570-2000 Contingency $8,707.00 TO Account 01550-1004 Parks & Rec Maintenance Salaries $7,432.00 AND TO Account 01550-2034 Parks & Recreation Clothing $1,275.00. Motion seconded and unanimously carried.
Transfer – Assistant Town Clerks
First Selectman Rosenthal advised that last year, at the request of the Town Clerk, he met with the three Assistant Town Clerks. They indicated that their salaries were low in comparison with towns of similar size and wealth. An agreement was reached with the union and the three assistant clerks were given increases. This fiscal year’s budget had already been approved at that time and could not be adjusted so a transfer is now needed.
Selectman Bojnowski moved to transfer FROM Account 01570-2000 Contingency $6,000 to Account 01170-1002 Assistant Town Clerks Salaries $6,000. Motion seconded and unanimously carried.
Appointments
Selectman Brimmer moved to appoint (D) Robert D. Sibley, 95 Berkshire Road, Sandy Hook as a member of the Conservation Commission for a term of 9/24/02 to 1/6/04. Motion seconded and unanimously carried.
Mr. Rosenthal requested the approval of the appointment of Jack Rosenthal as Special Assistant to the First Selectman. The purpose of the appointment is to permit him to represent the First Selectman in an official capacity when the First Selectman is unable to attend meetings during the day and neither of the other Selectmen are available to represent the town in his place.
Selectman Bojnowski moved to approve appointment of Jack H. Rosenthal as Special Assistant to the First Selectman. Motion seconded and unanimously carried.
Tax Refunds
Selectman Brimmer moved to approve July 2002 Tax Refunds No. 2 in the amount of $30,326.74. Motion seconded and unanimously carried.
Transfer of Wiley Lane to the Town of Newtown
The residents of Wiley Lane have submitted a petition for a cost estimate to bring Wiley Lane up to standards to be accepted as a Town Road. It was agreed that Mr. Bolmer should look into this and come up with an estimate.
Call of Annual Town Meeting
Selectman Brimmer moved to hold the Annual Town Meeting on October 7, 2002 at 7:15 p.m. in the meeting room at the C. H. Booth Library, Main Street, Newtown to accept reports from Town Officers. Motion seconded and unanimously carried.
ANNOUNCEMENTS: Mr. Rosenthal announced that there will be an Open House Tour of the Fairfield Hills property on Saturday, October 5, 2002.
Having no further business, the meeting was adjourned at 9:30 p.m.
Jan Andras, Clerk
Attachment A: Driveway Bonds Releases/Extensions
Attachment B: Parks & Recreation Contract
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