On Tuesday, December 9, Newtown’s Borough Board of Burgesses held a regular meeting to discuss several items, the most important being the burgesses’ coverage under the town’s insurance policy.

A brief discussion of the possible ban on door-to-door solicitation kicked the meeting off.

Jay Maher, warden, said, “We thought it might be prudent if we went to the town and worked with the town to create this ordinance.” Maher said that he had a letter drafted to Newtown’s new chair of Legislative Council, Laura Miller.

The letter, in part, said, “The Board of Burgess[es] … heard some testimony from Borough residents and discussed possible modifications of the comparable Borough ordinance … A modified ordinance would be most effective if it were town-wide, the Board of Burgesses decided to defer any action until the town Legislative Council had a full opportunity to consider the issue.”

Maher asked the LC to consider this letter a “formal request” for a ban on solicitation. Maher asked if the board was okay with forwarding that letter, and everyone agreed.

Senior Burgess Chris Gardner, who is also vice chair of Legislative Council, informed the group that the LC will not be seating committee members until next week, so it may be a little while before any further action is taken.

Burgess Jim Gaston said, “The Borough may have different interests than the town … so we still may want to have our own ordinance along with the town’s.” Gaston also clarified that ordinance violations are not arrestable offenses; they are civil violations with a $100 fine each time it happens.

Burgess Peter Schwarz said, “There remains a problem with a lack of civil enforcement authority in town.” Schwarz said “hopefully” the next round of initiatives will fix that.

Gaston also asked who would enforce this possible solicitation ban in town and joked that the warden or senior burgess could be enforcers. Gardner and Maher smiled, and the conversation ended.

Insurance Policy Debate

The burgesses have discussed the Borough’s coverage under the town’s insurance policy for several months now. Maher’s first comment about this issue was, “This seems to be growing, and growing, and growing every single day.”

Gaston said, “This is nonsense. This is absolutely nonsense because first of all it doesn’t address the insurance issue ... all we’re asking is to have our insurance paid for like it has been, and we’re included in the policy like we have in the past.”

Gaston gestured to the draft of a new policy and said it “gives us nothing.” He continued, saying the person who drafted it does not “know much about how the Borough works or the 200-year history.” He noted the Borough and the town have a “symbiotic relationship,” and that the charter can help solve this issue. Gaston suggested having a meeting with First Selectman Bruce Walczak, Finance Director Glenys Salas, and a few members of the Board of Burgesses to discuss this in person.

Maher said, “May I ask you a simple question?” To which Gaston said, “Sure.”

“Does the Borough own the sidewalks,” Maher asked.

“Good question … I would say who owns and who controls it are two different issues,” Gaston replied. A brief discussion of different sidewalks and differentiating between town and state right of ways ensued.

Maher redirected back to the policy at hand, noting that the Borough is looking for four key components of insurance: workman’s compensation, bonding for the treasurer and tax collector, public officials’ liability insurance, and general liability insurance.

As sidewalks pose an issue for liability for the Borough and the town, Maher decided to reexamine the Borough’s charter and read a piece out loud to the group, “Warden and burgesses shall have control of all sidewalks and crosswalks in the streets of the Borough.”

After reading this to the group, Maher asked Gaston, “Do you think you’re ready to relinquish control of the sidewalks?”

“No,” Gaston said, “But why do we have to?” Gaston then talked about which roads belong to the state or the town, which divides liability between state, town, and the Borough.

“The sidewalks need to be insured, whether it’s the town or the Borough, they need to be insured,” Gaston said. He insisted that whoever is writing the draft policy just needs to “look at the charter.”

Gardner said that he thinks the group needs to have a “sit-down” with Walczak, “who happens to be a Borough resident.” Several burgesses acknowledged that it must be cheaper to insure through the town rather than the Borough seeking its own policy.

After acknowledging this issue, the burgesses decided to table the discussion and try to schedule a meeting with Walczak and others to hopefully settle it quickly.

Other Borough News

Maher informed the group that the Church Hill Road and Queen Street sidewalk project has been completed. He also let them know that Police Chief David Kullgren is working on a draft report for Safe Streets 4 All and hopes to present that soon.

Continued discussion of 69 Main Street also took place, and Burgess Sarah Phillips, who also serves on the Borough Historic District Commission, said the couple who own the house are “eager to comply.” The historic district has approved their application, though building inspection still needs to be completed.

A cease and desist on the property will be issued soon as no permits have been pulled for that residence at all.

Phillips also asked if the group planned to do anything about the “light-up truck” that has been spotted on Main Street. She said that it advertises several businesses and is “very bright” and plays “loud music.” She has seen it parked along Main Street and in front of the Meeting House, which all burgesses agreed may cause further distractions.

The group decided to do more research on the truck and who it belongs to, and will continue discussion once that information is presented.

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Reporter Sam Cross can be reached at sam@thebee.com.