1. Convene Meeting: Chairman J. Van Hise convened the meeting at 7:30 p.m. and established a quorum of members: Jon Van Hise, Chairman; Will Conner, Vice Chairman; Art Kerley, Secretary; Regular Members Ronald Baiad and Patrick Conlon; Alternate Dave Frankel. Also present: Ralph Tedesco, Director of Public Works. Arriving at 8:00 p.m. was Town Attorney, N. Marcus.

Absent: Alternates Dave Albanese and J. Emond.

2. Review Minutes of Previous Meetings: Commissioners reviewed the following Minutes:

· 2/4/10: A motion was made by W. Conner to accept the Minutes of February 4, 2010, as presented. The motion was seconded by A. Kerley and carried unanimously.

3. Applications Pending There were none at this meeting.

4. Old Business: There was none at this meeting.

A motion was made by W. Conner to amend the agenda to go to item 7: Correspondence and Bills. Motion seconded by D. Frankel and carried unanimously.

7. Review Correspondence & Bills: The Commission reviewed all correspondence:

a. Minutes of Other Boards & Commissions: No action taken.

· Zoning Commission: 2/11/10

· Inland Wetlands Commission: 2/8/10

b. Other Correspondence:

· Proposed Zoning Regulation Changes: Flood Plain: The Commission received correspondence from W. Schappert, Zoning Enforcement Officer., responding to this Commission’s previous request for more information concerning the proposed regulation changes in the Flood Plain. Chairman Van Hise had also received a copy of the DEP’s letter, forwarded by Mr. Schappert, who indicated that these changes have been incorporated into the newly proposed Zoning Regulations. K. Daniels also gave J. Van Hise the proposed revisions to the Zoning Regulations (44 pages in length) to align them with the new DEP regulations. He offered them for review for the Commissioners. The Zoning Commission asks for a reply by March 11, 2010. A motion was made by W. Conner to send correspondence to the Zoning Commission stating that the Planning Commission has looked at the proposed changes to the flood plain regulations, and has no objections to those changes. The Commission thanks both Mr. Schappert and Ms. Daniel for providing more details so that this Commission could fully understand these changes. P. Conlon seconded this motion which carried unanimously.

· Newly Appointed Town Attorneys: Chairman Van Hise also referred to a memo he had received from First Selectman W. Davidson to Commission/Board Chairmen. He noted that S. Parker, Chairman of the Zoning Commission, is listed as Chairman of ZBA, while M. Flynn, Chairman of ZBA, is listed as Chairman of the Zoning Commission.

Chairman Van Hise also noted that he had attended a meeting on Tuesday, February 9^th, with the First Selectmen, to introduce Commission/Board Chairmen to the new Town Attorneys: Attorneys Groggins and Marcus. The Land Use Chairmen and Enforcement Officers had an opportunity to learn from the new Town Attorneys the status of open cases in Town and the bearing upon the need for recusal. Those items that were pending with former Town Attorney F. Collins will remain with Mr. Collins. In the future the new Town Attorneys do not intend to take on any new Land Use cases (privately) so conflicts of interest with Town matters will be avoided. Their objective is to keep the Commissions out of court to avoid increasing legal fees. Commission correspondence with these Attorneys will be handled as follows: the Chairman is the empowered entity for each Commission. In his absence, one other officer will be asked to fill in. The Enforcement Officers will also be empowered to seek counsel when/if the need arises.

· The Quarterlt Newsletter was received from the Planning and Zoning agencies.

· HVCEO Regional Plan has been received and Chairman Van Hise promised to review it and report back to the Commission, and make it available for anyone who wants to read through it.

A motion was made by W. Conner, seconded by R. Baiad, to return to the regular agenda and go to the Public Hearing, item 5. Motion carried unanimously.

5. Public Hearing: 7:45 p.m. (Continuation):

a. 5 Obtuse Hill Road #201000000: 2-lot Subdivision (public hearing close date March 10, 2010)

A. Adams, Registered Landscape Architect, CCA. Rev. George O’Neill from St. Joseph’s church also present in the audience. The certified mailing receipts were submitted. Since the last meeting, correspondence was received from the Water Source committee and the Town Engineer, R. Tedesco. The Commission clarified that the Water Source Review Committee had confused this proposal with the original Christian Lane subdivision Hillcrest Woods. Their requirements does not apply to this two-lot subdivision. D. Frankel, who had been doing the checklist, noted a discrepancy in bonding figures, which were clarified to be $616.00 for pins and monuments. Ms. Adams asked if the applicant installs the pins and monuments right away, could they forego the bonding. Chairman Van Hise said that the bonding is usually done at the time the map is filed, so if the pins and monuments have been installed, to inform the Commission at that time. The only issue at hand was Mr. Tedesco’s request for details on roof and footing drains. No members of the public were present, so there were no comments pro or con. A motion was made by A. Kerley, seconded by D. Frankel to close the pubic hearing. Motion carried unanimously. Since the Commission felt there was no matter to deliberate, nor any outstanding documentation to be submitted, a motion was made by W. Conner to approve the application for 5 Obtuse Hill Road, #20100000: 2-lot subdivision with the stipulation in conjunction with the excavation permit that the brush is cleared along the site line of Christian Lane to the required 300 feet, and that the bond in the amount of $616.00 for pins and monuments be posted at the time of map filing. This motion was seconded by A. Kerley and carried unanimously.

a motion was made by to approve 5 Obtuse Hill Road, #20100000: 2-lot subdivision” bonding and clearing of brush on Christian Lane to improve site lines

W. Conner: motion to approve the application w/stip in conjunction w/excav permit that the brush is cleared along the site line of Christian Lane to required 300 feet of site line, and that the bond in the amount of $616.00 for p & m be posted at the time of filing. Motion seconded by A. Kerley and carried unanimously.

A motion was made by W. Conner, seconded by D. Frankel, to take a brief recess at 7:55 p.m. Motion carried unanimously.

A motion to resume the meeting at 8:00 p.m. was made by W. Conner, seconded by R. Baiad, and carried unanimously.

6. New Business:

a. Recreational Facilities Improvement Project: 8-24 Referral.

Present was Town Attorney N. Marcus of Cohen and Wolf, P.C. (to discuss the Statutory requirements of an 8-24 Referral). Town Attorney Marcus presented the Commissioners with a copy of Section 8-24 of the State Statutes and outlined this Commission’s role and responsibilities in relation to this statute. The statute was read in its entirety by Attorney Marcus, who interjected clarification throughout. A key factor is that the Commission has 35 days to file its report, with the date of receipt being the day it was received in the Land Use Office. The Commission also has the option of not responding at all, at which time when the 35 day mark is reached, their “non-decision” will be considered an approval. The Commission needs 3 positive votes, a majority of the Commission, for a valid vote. Chairman Van Hise said that the referral letter (pertaining to the bonding items listed below) was not stamped as received by the Land Use Office. Therefore, tonight is considered the date of receipt. Chairman Van Hise also noted that per his review of any of the Selectmen’s agendas and minutes this year, there is no indication of any 8-24 Referral being sent to this Commission on this matter. Since the memo the Commission received is from First Selectman Davidson, Chairman Van Hise wanted to be sure this 8-24 referral comes from the entire Board of Selectmen. Attorney Marcus said that First Selectmen Davidson is transmitting this proposal which was passed 2-1 by the Board of Selectmen.

Next, the Commission discussed the proposed referendum item of $10,000.000 in bonding for Road Improvements. Town Engineer R. Tedesco addressed any questions of the Commission, adding that this is just “an expansion of the normal paving process that’s done every year.” They plan to rehabilitate 10-12 miles per year. Mr. Tedesco also explained two different processes they will be using including reclamation and micropaving. No widening of any roads is proposed at this time.

The Commission then addressed the matter which needed their 8-24 Referral:

-Letter dated 2/16/10 from First Selectmen Davidson stating that:

At a special meeting on February 10, 2010, the Board of Selectmen passed by majority vote a Resolution requesting approval of a $5,300,000 appropriation for the planning, design, renovation, construction, improvement, acquisition and equipping of recreational facilities in the Town, comprised of renovations of and improvements to Cadigan Park, the Town beach on Candlewood Lake Road, and Kids’ Kingdom on Pocono Road.

The Board of Finance voted unanimously to approve the Recreational Facilities Improvement Project at their regular meeting on February 10, 2010.

This project is being referred to the Planning Commission pursuant to Section 8-24 of the General Statutes of Connecticut.

This proposal was presented by D. DiPinto, Director of Parks and Recreation, Town of Brookfield, and Rod Cameron, Landscape Architect and Certified Planner, Carroccio-Covill & Associates. Commission questions and comments were fielded by Mr. DiPinto and Mr. Cameron, as well as the Town Attorney and First Selectman Davidson, who had arrived during the discussion. The original package presented to the Commission was in the amount of $4,800,000, but D. DiPinto, Director of Parks and Recreation, presented a revised list of proposals that includes and additional $500,000 for improvements to Kids Kingdom. He then outlined the proposed changes for Cadigan Field, the Town Beach and Kids Kingdom, including upgrades to the fields at Cadigan, with one natural turf and one artificial turf field proposed; renovations to parking and accessways, a Lake House replacing the existing restrooms/changing rooms/first aid and administrative facilities at the Town Beach; drainage upgrades and relocation the sea wall and doubling the size of the sand area at the beach. The safety concerns for the present facility at Kids Kingdom were addressed, and the need for a new playground facility was outlined by Mr. DiPinto. Mr. DiPinto emphasized that these proposed changes are designed to meet the needs of the Town for the present, as well as for the next thirty years.

The Commissioners had a number of questions and concerns, specifically to the proposed Lake House. Mr. DiPinto believed that this redesign, which allows year-round access and the option of renting the 2^nd floor to accommodate events for 90-100 people, could generate revenue for the town, as the Cadigan Pavillion does now. First Selectman Davidson outlined the Town’s financial condition, and the Commission agreed that the time is favorable for construction projects, given the lower cost of supplies and labor.

Bonding of the road improvements and these recreational improvements will be listed separately on the proposed Referendum in April.

More details will be presented at a meeting on Monday, February 22^nd.

A motion was made by A. Kerley, seconded by W. Conner, to move the Resolution.* The motion carried unanimously.

*RESOLVED, that the Planning Commission of the Town of Brookfield approves the following project pursuant to Section 8-24 of the General Statutes of Connecticut:

The planning, design, renovations, construction, improvement, acquisition and equipping of recreational facilities in the Town, comprised of renovations of and improvements to Cadigan Park, the Town beach on Candlewood Lake Road and Kid’s Kingdom on Pocono Road.

8. Informal Discussion: There was none at this meeting.

9. Tabled Items There were none at this meeting.

10. Adjourn: A motion to adjourn at 9: 45 p.m. was made by W. Conner, seconded by P. Conlon, and carried unanimously.