Board of Selectmen's Minutes - October 19, 2006

Board of Selectmen’s Meeting
October 19, 2006

Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectman Richard Miller; Town Administrator Tom Landry; Administrative Assistant Judy DeVito; Town Engineer John Conte; David Muller; Sunil Ippagunta; James Maggio; Lucy Bowden; Patricia Hiefetz; Richard Wolf; Allen Swerdlowe; Debbie Dyson; residents and press.

This meeting was recorded and video taped and the tapes are available in the Selectmen’s office and the Building Department, respectively, for further reference.

Mr. Bliss called the meeting to order at 7:34pm.

Pledge of Allegiance; Benjamin Muller, Julia Muller and Michaela Dyson lead us in the Pledge of Allegiance.

Presentation of a plaque and proclamation to the Town and the Weston Volunteer Fire Department from the parish council in St. Tammany Parish, Louisiana. David Muller, Dawn Egan and Martin Strasmore made a presentation to the Town and the Weston Volunteer Fire Department. Mr. Muller read a proclamation resolution to express gratitude and appreciation to the Weston, CT “Town to Town Partnership” for their commitment and contributions to the people of Lacombe, Louisiana in the aftermath of hurricane Katrina.

David Muller presented a plaque to the Weston Volunteer Fire Department. Mr. Muller read a plaque from St. Tammany Fire District III and Parish Council Certificate of Recognition and Appreciation to the Weston Select Committee on Town to Town Partnership and the citizens.

He said the committee received lots of donations from the residents of the Town and ended up with $1,400 balance. They discussed with the parish government what the best expenditure would be to really make an impact. There is a 75 year old woman severely handicap, whose house was pretty much destroyed but is still living in it. Her 50 year old son is paralyzed from the waist down and was taken away from her about a year ago and is living in a hospital. They have not been able to see each other since the hurricane.
FEMA has three times sent the wrong trailer.

With the remaining funds they would like to provide storage for her possessions that survived the hurricane and buy beds and some appliances for her. It is through an organization there called the Lacombe Heritage Center which is trying to preserve the history of what was left of Lacombe for the future.

Request for driveway variance Sunil & Uma Ippagunta Martin Road. Mr. Major recused himself. Mr. Ippagunta explained where they wanted the driveway to go. He said according to his Zoning permit he needs to come out on Martin Road from a section that is currently not developed. If his variance is approved it will come out on a section of Martin Road that is already developed. Also approving the application would avoid cutting down trees and leveling a knoll that currently blocks direct rain water drainage from the cliff into the Saugatuck River. Mr. Miller asked how close they were to the adjacent driveway. Mr. Ippagunta said it was right next to it.

John Conte said he reviewed the application for the variance and did not have a problem with it. He said what was originally issued for a permit was to follow our setbacks which calls for 25 feet the first 25 feet in. There was a lot of work required to get through the unimproved section. He said the knoll area acts as a buffer to neighbors. The variance pretty much follows all of the driveway ordinance regulations until it gets into the first 25 feet which will come down to about 6 feet at one point.

Lucy Bowden said she wanted to reiterate her concern for the public access going down to the river. At this point there is no parking. Also the levels have been changed so you have to walk down in a gully and then scramble up. She said if Mr. Ippagunta is coming out in that area maybe the Town could think ahead and put a parking spot there.

Jim Maggio said Mr. Bliss is of the impression the cost are going to be borne by the developer and Mr. Ippagunta feels that somehow they will be borne by the Town. He said he was not sure that either of them were in a position to have a legal opinion. Mr. Maggio said he had a letter from September 6, 2005 addressed to the Weston P&Z Commission and the letter was sent by Mrs. Leslie Powell, who is the neighbor on the other side of the Town owned property that Mr. Ippagunta abuts. According to her comments, the portion of Martin Road that is being improved joined up to the common driveway for Mr. Ippagunta’s lot and Mr. Gary’s lots there is an understanding already that there is a common driveway. The common driveway is allowing a substantial amount of Town owned open space (he believes it’s a road not open space) to remain forested and undisturbed to the benefit of himself, the surrounding neighbors and the other residences of the immediate area.

He said as Mrs. Bowden pointed out as a result of development by Mr. Gary in that area, he had copied Mr. Bliss and the other Selectmen in an FOI request for permits on that particular area. He read from the letter again which said, the use of the common driveway by these lots was agreed by the Martins, the Ippagunta’s, Mr. Gary and myself, the four landowner most immediately affected. He said apparently there was some sort of agreement already even while the application was being presented with the driveway in one particular location. There had already been an agreement among parties that that driveway would never exist. The common driveway was key feature in the plan development that caused him to drop opposition to the conversion of the access way to a Town Road. It would be a big issue for me if the common driveway element of the plan was rejected.

Mr. Maggio said based on his conversation with Mr. Bliss that he was not so necessarily concerned that there was parking provided in that area. He said he was not sure that that represents the interest of the entire public. He asked that they consider that in any decision that they make tonight. He said Mr. Major has recused himself tonight and in the past Mr. Miller has recused himself from such issues because Larry Weisman the attorney has been used jointly by himself and the Powell’s. He said Mr. Bliss stated in the newspaper that P&Z issues were not necessarily rightfully discussed by the Selectman.

Mr. Maggio said in one of the first meeting that Mr. Major attended as a Selectman he raised a question as to why the Selectmen would be involved in such decisions. If both Mr. Miller and Mr. Major recused them tonight that Mr. Bliss had said that land use is not a decision for the Selectmen necessarily. He said that probably Zoning Board of Appeals where they have a group of seven individuals you probably would find enough people who would not recuse themselves so you would get a reason review of this. He said he has no objections to Mr. Ippagunta’s request however the way the land has been developed and the way the road was cut without permit or bonding by Mr. Gary presented a transecting of the hill that was there. Before you could walk gradually and gracefully towards the river there is now a very small section that actually directs people closer to the Powell property right against there stone wall. He said essentially what has happened is you have inhabited the access by the general public. It has not been eliminated completely but it has been reduced from what it was before. He said the general public’s interest needs to be addressed.

Mr. Bliss said with regard to the decision making power for driveway variances, he also questioned that when he was first elected to the Board of Selectmen. That is the way the responsibilities are currently assigned.

Mr. Bliss asked Mr. Ippagunta if there was the opportunity to put a parking space as suggested. Mr. Ippagunta said yes. There was much discussion about the parking space issue.

Mr. Powell said the comment about making this a common driveway the agreement was if they could get P&Z approval that is what they would do. He said they did not get P&Z approval so they are not doing that. He resents the implication that they were trying to do anything underhanded that they were not. Mr. Powell said the plan is fine with him.

Mr. Conte said that P&Z had gone through a lot of time and effort to get the subdivision approved to meet all the standards of the Town of Weston for the emergency accessway. If you propose parking on that accessway you would probably have to go back to P&Z and renegotiate the plan.

Mr. Miller said based on the plan in front of them it was not a communal driveway. Mr. Conte said that was correct.

Mrs. Heifetz said that she wanted it on the record that this is Town property. After giving the history she said there was no question that this land was not part of the neighbor’s property it is Town owned and we should protect it.

Mr. Miller made a motion that we approve a variance for Mr. and Mrs. Ippagunta to have a driveway which enters into Martin Road as proposed on SE1 drawing, job number 0749B-1, date February 17, 2005 prepared by McChord Engineering Associates, Inc. Mr. Bliss seconded and the motion passed Mr. Bliss, Mr. Miller yes, Mr. Major recused.

Discussion/decision regarding appointments to the Cemetery Committee: Mr. Bliss said that we are establishing a new committee since the previous term on the committee had expired on June 30, 2006. They interviewed the new applicants.

Debbie Dyson said that she is a resident of Upper Parish Drive and the cemetery would be at the end of her street. She has lived here for three 3years and is a mother of two. She was interested in being on the committee because the site was at the end of her street and abuts her property. She had noticed there was digging machinery and they had not been notified and if the Town does proceed it was important that the residents have input. Mr. Major said he was very pleased that a resident of the street was interesting on being on the Committee. She could become the eyes and eyes for us. He just wanted to be sure she was not coming on with a preconceived notion that she was going to do everything you could do to prevent it from happening. He said there are better, other routes to do it. She said absolutely not.

Allen Swerdlowe said he has lived in Town for about 12 years and has two children in the Weston School system. He is a licensed and registered architect both in New York and Connecticut and has been practicing architecture for the last 20 years. Prior to that he was a practicing artist and has a master’s degree in both architecture and fine arts. He has taught at Pratt Institute and other Institutions for about 15 years and is currently teaching, lectured at Columbia University and elsewhere and is working on the World Trade Center site. Mr. Bliss asked why he wanted to be on the Cemetery Committee. Mr. Swerdlowe said every piece of public land in every Town should be treated with care whether it is a school system or cemetery. A cemetery is not just a place to bury people but it is also a public place, a place of repose, it is something that we can make our Town proud with. If he elected to serve on the committee he will do his research and will learn something about cemeteries.

Richard Wolf said he would like to be on the Cemetery Committee because he likes the idea of the Town creating its own cemetery. He like the idea of looking into a traditional New England setting for the cemetery for the Town and all the design issues and requirements and restrains that go along with it. He felt it would be an interesting challenge to study the issues and to see if it is possible and makes sense both financially and ecologically in a design manner to create a cemetery in Town.

Mr. Major made a motion to establish a six member Select Cemetery Committee with the same criteria as previously set with a term to expire June 30, 2008. Mr. Miller seconded and the motion passed unanimously.

Mr. Major made a motion to appoint Alan Aronow; Pamela Bochinski; Betsy Peyreigne; Debbie Dyson; Allen Swerdlowe and Richard Wolf to the Select Cemetery Committee. Mr. Miller seconded and the motion passed unanimously. After some discussion about who would chair the committee it was decided that Pamela Bochinski would chair the Committee through the 8-24 process.

Mr. Major made a motion to appoint Pamela Bochinski as temporary chairman of the Cemetery Committee. Mr. Miller seconded and the motion passed unanimously.

Discussion/decision regarding changes to the Town of Weston Policy for Gifts to Town. Mr. Bliss said that we have lowered the threshold for the Board of Finance from $100,000 to $50,000 and gifts between $25,000 and $50,000 are to be forwarded to the Board of Finance for information purposes.

Mr. Major asked what precipitated this change. Mr. Landry said that the Board of Finance had been taken aback that the Board of Selectmen had placed them in the position of having to vote to accept a gift. They first said to take them out of the loop entirely then they thought about it and thought it was a good idea and good idea at a lower threshold. They have also asked the Board of Education to look at there gift policy as well and have them reflect these limits.

Mr. Major made a motion to accept the modified Town of Weston, Policy for Gifts to Town dated 10/13/2006 as submitted. Mr. Miller seconded and the motion passed unanimously.

Request for property tax refunds:
Daimler Chrysler $1,481.91
VW Credit $354.87
DCFS $448.56
Honda Financial Service $301.89
Chase Auto Finance $289.15
Saab Leasing Co. $282.46
David DeLeo $74.87
Diane Slovak $61.43
Jonathan Byron $18.95
Total $3,314.09
Mr. Miller made a motion to approve property tax refunds in the amount of $3,314.09 as listed. Mr. Major seconded and the motion passed unanimously.

Discussion/approval of the Board of Selectmen’s minutes of September 21, 2006 and October 5, 2006. Mr. Miller made a motion to approve the minutes of the September 21, 2006 minutes as amended. Page 4 from to to too. Mr. Major seconded and the motion passed unanimously.

Mr. Major made a motion to approve the minutes of October 5, 2006 as amended. The date at the top of the minutes should be changed from October 7, 2006 to October 5, 2006. Mr. Miller seconded and the motion passed unanimously.

Any other business to come properly before the meeting: None

Executive Session-Litigation At 8:33pm Mr. Miller made a motion to enter into executive session. Mr. Major seconded and the motion passed unanimously.

ATTENDANCE: The meeting was convened at 8:35pm in the First Selectman’s office by Chairman Bliss to consider a settlement agreement in the Noveck lawsuit. In attendance were Selectman Mr. Miller and Town Administrator Landry. Mr. Major was not present as he had recused himself from the matter due to a potential conflict. No votes were taken.

ADJOURNMENT: At 9:10 pm a motion (Mr. Miller, Mr. Bliss second) to adjourn executive session and reenter open session passed, Mr. Bliss, Mr. Miller yes, Mr. Major recused.. At 9:11 pm a motion (Mr. Miller, Mr. Bliss second) to adjourn the meeting passed, Mr. Bliss, Mr. Miller yes, Mr. Major absent.

Respectfully submitted
Judy M. DeVito
Administrative Assistant
Approved 11/02/06