Simsbury, CT - Selectmen Minutes

These minutes are for informational purposes only. For official minutes please contact the Town Clerk's Office.

The meeting was called to order at 7:30 p.m. Present were First Selectman Anita Mielert, Deputy First Selectman Joel Mandell, William Garrity, John Romano, Madeleine Gilkey and Thomas Vincent. Also present were: Paul Fetherston, Assistant to the First Selectman, Gerard Toner, Director of Culture, Parks and Recreation, and other interested parties.

Joan Coe, 26 Whitcomb Drive, expressed her concern that marijuana was growing on Town owned Pharos Farm. She questioned whether there have been any arrests and if the Town is responsible for the lack of oversight. She questioned whether the Town has actively pursued the money owed for the rental of the barn on the property and she questioned Ms. Mielert's plan for the property. Ms. Coe noted that a resident of Eno Farms was arrested and she questioned whether the HUD policy applies to the incident. She questioned what Ms. Mielert is doing to provide a safe environment at Eno Farms.

Ms. Coe stated that a previous Town employee was using the copier and computers in Town Hall and she questioned what the policy is regarding this type of use. Ms. Coe suggested that the land use process, for the review of athletic fields on Iron Horse Boulevard, was done with incomplete information. She stated that the Conservation Commission did not receive a full report prior to their vote and the Zoning Commission was told not to make a decision based on the Hartford Symphony, yet a few days later discussion regarding the symphony's use of the property is on the BOS agenda. She questioned whether there is a penalty for lying. Ms. Coe pointed out that Mr. Vincent's proposal for athletic fields at that site was defeated by the voters. She questioned how this floodplain property could be considered of equal value to CVS on Rt. 44. She questioned why no rest rooms have been included in the proposal and why there is not a pay to play proposal.

Ferg Jansen, 12 Echo Lane, stated that education, culture and arts are important to Simsbury and generating activity downtown is good for economic development. He stated that the land use boards made a good decision approving the use for athletic fields and other events. Mr. Jansen stated his support of SCTV.

Dick Wagner, 122 Old Farms Road, stated that the Talcott Mountain Music Festival provides economic development for the town and it is important to have music in the community. He stated that he will need to restrict the usage of the soccer field on his property due to economic reasons and the town needs athletic fields. Mr. Wagner addressed the Land Acquisition Ordinance and suggested that funds received be spent relatively quickly.

Chip Houlihan, 2 Somerset Lane, stated that the Talcott Mountain Music Festival has been a success and 60,000 people have attended. He reviewed the history of the festival and noted that CL&P property may not be available next year. Mr. Houlihan requested that the BOS approve the purchase of playing fields and allow the symphony to use the playing fields. He noted that the festival is supported by 150 volunteers, mostly from Simsbury.

Wayne Bursey, Ferry Lane, suggested that they have a lucky opportunity to discuss the Hartford Symphony's request to use property on Iron Horse Boulevard. He stated that the economic impact of the symphony has been extremely beneficial to businesses and is important to the town and the region.

Tom Horan, 1083 Hopmeadow Street, President of Main Street, encouraged the BOS to go forward with the playing fields and the symphony's request. He noted that these activities will create a reason to come downtown. Mr. Horan requested that the BOS do anything they can to encourage the DPUC to establish the requested funding for SCTV. He noted that many residents cannot attend meetings and they rely on SCTV for information on what is happening in Town.

Jerry Lintner, 5 Simscroft Place, President of SCTV, discussed the receipt of the DPUC's draft decision which could result in the closing of SCTV. He noted those towns in the franchise area and stated that the bulk of funding comes through the cable franchise. He stated that SCTV thought that the renewal of the franchise would increase the funding and allow SCTV to administer 3 channels. He reviewed the funding situation.

Ms. Mielert moved to add an agenda item to discuss the SCTV situation since a response is due to the DPUC in two weeks. The motion was seconded by Mr. Mandell and carried unanimously.

John Jepson, Up The Road, Hartford Symphony Board member, offered his knowledge during the discussion of the symphony's request to use Town owned property for the Talcott Mountain Music Festival.

Mike Paine, 72 Holcomb Street, stated that he supports the proposal to purchase land on Iron Horse Boulevard for cultural events and fields.

Philip Jaynes, 50 Firetown Road, Arts Exclusive and the Visitor's Center, stated that the Talcott Mountain Music Festival has become an icon for the town and requested that the BOS endorse the proposed fields as a permanent home for the festival.

Joyce Howard, 116 Terry's Plain Road, Co-Chairman of the Tourism Committee, suggested that the Hartford Symphony's request is a landmark opportunity similar to Simsbury Farms.

Jim Gazzola, 9 Briarwood Drive, expressed his concern with the proposed Land Acquisition Ordinance and the definition of agriculture which is included in the document. He noted that the Culbro land in north Simsbury is contaminated, yet is being considered for the location of a new high school. He stated that he is not confident that the Town can clean the contamination and they have only done a Phase I study. Mr. Gazzola noted that the Town did not have confidence in the

Meadowood application to accept their remediation plan, and he questioned how the Town's plan is different. He suggested that the Town is biased if they allow the purchase of the land for a high school. Mr. Gazzola stated that the current property owners should do studies before the Town considers acquisition.

Liz Banco, 5 Brian Circle, Co-Chairman of the Tourism Committee, stated that it is vitally important to keep the Talcott Mountain Music Festival in Simsbury. She stated that this is a golden opportunity and urged the BOS to support the symphony and invite them back on a permanent basis.

Ms. Mielert read her responses to the questions raised in Public Audience at the previous meeting.

PUBLIC HEARING - PROPOSED ADOPTION OF AN ORDINANCE ENTITLED "FUND FOR LAND ACQUISITION AND

Helen Peterson, 20 Long View Drive, discussed the history leading up to the proposed ordinance. She requested support for the ordinance and noted that funding iscritical to the program. She stated that the Town cannot begin the next step until an ordinance is in place.

Joan Coe, 26 Whitcomb Drive, stated that she supports the purchase of development rights for agricultural land, which could be used for development purposes, to preserve farming. She stated that she does not support the purchase of land for soccer fields or other things. Ms. Coe stated that this proposal is not appropriate for the purchase of land on Iron Horse Boulevard because it is not farmland. She suggested that an easement should be placed on land acquisitions so that the land is used for a specific charge. She pointed out that First Selectman Peggy Shanks stated that the land along Iron Horse Boulevard would not be developed.

Jim Gazzola, 9 Briarwood Drive, stated that the proposed program should be used for agricultural land and not for the land purchase which is proposed.

HIGH SCHOOL - PROPOSED CONSTRUCTION PROJECT

Ms. Mielert reviewed the revised timetable for the proposed high school project.

ECONOMIC DEVELOPMENT

a. Request by Talcott Mountain Music Festival for Permission to Use Town Owned Property on Iron Horse Boulevard for Talcott Mountain Music Festival 2001.

Mr. Mandell moved to approve the use of the Iron Horse Boulevard properties, being purchased by the Town, for a concert series by the Hartford Symphony for Summer 2001 as set forth in the letter dated September 19, 2000. The motion was seconded by Mr. Romano.

Ms. Gilkey questioned whether the use of the fields for the festival would effect the use of the fields for sports. Mr. Jepson stated that they anticipate no permanent items on the site and they prefer that the shell not be located on the field.

Mr. Mandell amended his motion to approve the use of the land on the east side of Iron Horse Boulevard for a concert series by the Hartford Symphony for Summer 2001 as set forth in the letter dated September 19, 2000. Mr. Romano amended his second. The vote was unanimous. The motion carried.

PLANNING AND CONSERVATION

a. Review and Possible Adoption of an Ordinance Entitled "Fund for Land Acquisition and Preservation"

Ms. Mielert pointed out that the ordinance does not cover the acquisition of land for school sites (Addendum 1).

Mr. Mandell moved to adopt the ordinance entitled "Fund for Land Acquisition and Preservation". The motion was seconded by Ms. Gilkey.

Mr. Mandell noted that the proposed ordinance has been reviewed by different groups. He suggested that the Open Space Committee include the Chairman of the Zoning Commission. The board discussed the makeup of the committee and amending the ordinance.

Mr. Mandell amended his motion to adopt the ordinance entitled "Fund for Land Acquisition and Preservation" with an amendment to the third section: "If so established by appropriate resolution, the Committee shall consist of the First Selectman, Chairman of the Planning Commission, Chairman of the Conservation Commission, Chairman of the Zoning Commission, or their designees, and one (1) other member to be appointed by the Board of Selectmen." Ms. Gilkey amended her second. The vote was unanimous. The motion carried.

a. Authorize First Selectman to Execute Agreement Between Town of Simsbury and Farmington Valley Association for Retarded & Handicapped (FAVARH) for Special Need Individuals

Mr. Garrity moved to authorize the First Selectman to execute an agreement between the Town of Simsbury and the Farmington Valley Association for Retarded & Handicapped (FAVARH) for Special Need Individuals. The motion was seconded by Ms. Gilkey.

Mr. Toner stated that this is the same contract as in previous years. He noted that FAVARH sends a report to the Town and there is a steady use of their services.

The vote was unanimous. The motion carried.

b. Review and Possible Adoption of Proposed Fee Schedule for Hourly Rental of Simsbury Farms Ice Facility

Mr. Romano moved to adopt the proposed fee schedule for the hourly rental of the Simsbury Farms Ice Facility. The motion was seconded by Mr. Mandell.

Ms. Mielert reviewed the proposed changes (Addendum 2). Mr. Vincent noted that the reduction in the resident non-prime time rate is an attempt to increase the usage of the facility at those times. Mr. Toner stated that the current users were contacted this summer and none have canceled due to the fee change. He noted that most facilities in the area have increased their rates.

The vote was unanimous. The motion carried.

Mr. Mandell moved to adopt the recommendation to keep the public skating fees the same. The motion was seconded by Mr. Garrity and carried unanimously.

APPOINTMENTS AND RESIGNATIONS

a. Resignation of Cynthia B. Carey from Recycling Committee Effective September 15, 2000

Mr. Mandell moved to accept the resignation of Cynthia B. Carey from the Recycling Committee, effective September 15, 2000. The motion was seconded by Ms.

Gilkey and carried unanimously.

b. Resignation of Reverend Rachel L.V. Bickford from Juvenile Review Board Effective August 16, 2000

c. Resignation of Courtney Desautell from Juvenile Review Board Effective August 16, 2000

Mr. Garrity moved to accept the resignations of Reverend Rachel L.V. Bickford and Courtney Desautell from the Juvenile Review Board, effective August 16, 2000. The motion was seconded by Mr. Romano and carried unanimously.

d. Appointment of Jeff Tompkins to Juvenile Review Board (Desautell Vacancy) for Term to Expire January 2001

e. Appointment of Reverend Melvyn W. Kawakami to Juvenile Review Board (Bickford Vacancy) for Term to Expire January 2001

Mr. Mandell moved to appoint Jeff Tompkins (Desautell vacancy) and Reverend Melvyn W. Kawakami (Bickford vacancy) to the Juvenile Review Board for a term to expire January 2001. The motion was seconded by Mr. Garrity and carried unanimously.

SUBCOMMITTEE REPORTS

a. Public Safety: No report.

b. Finance: No report.

c. Welfare: No report.

Mr. Mandell moved to adopt Draft XI as the Personnel Rules and Regulations of the Town of Simsbury. The motion was seconded by Mr. Garrity and carried

a. September 5, 2000 Notification of Certificate of Achievement for Excellence in Financial Reporting

Ms. Mielert noted that the Town received this award due to the financial reporting of Kevin Kane.

a. DPUC Draft Decision Regarding SCTV

Mr. Lintner reviewed the concerns regarding the adoption of the DPUC's draft decision as a final decision. He stated that on October 5th SCTV needs to provide a list of speakers for the DPUC's October 12th hearing and he urged BOS members to come and speak in support of SCTV. He suggested that the most important thing at this point is to have a large number of residents attend the hearing to voice their concerns.

a. September 11, 2000 Regular Meeting

Mr. Garrity moved to approve the minutes of the September 11, 2000 Regular Meeting. The motion was seconded by Mr. Mandell and carried unanimously.

Joan Coe, 26 Whitcomb Drive, questioned how the sewer smell would be handled at the proposed athletic fields and how the mosquito issue will be addressed. She stated that there are many unanswered questions regarding this property. Ms. Coe questioned the purchase price for Hall Farm and Flamig Farm. Ms. Coe noted that a former BOE employee, who has been charged with sexual assault and told not to contact anyone in the school department, has a Central School bus stop in front of his

Ms. Coe stated that the BOS and BOE now believe that a new high school is in the best interest of the town, yet no operating costs or escalating costs have been provided. She suggested that bizarre assumptions were used for the renovation plan so that it is setup to fail. She stated that with an estimated tax increase of 12%-15% due to a new high school, not including operating expenses, the property values in town will fall.

a. Possible Sale or Purchase of Real Estate (CGSA 1-200(6))

Mr. Mandell moved to enter Executive Session at 9:40 p.m. The motion was seconded by Mr. Garrity and carried unanimously.

The Executive Session, for the purpose of discussing Personnel Matters pursuant to Connecticut General Statutes Section 1-200(6), included the Board of Selectmen and Chief of Police Peter N. Ingvertsen.

Mr. Mandell moved to reconvene in Regular Session at 10:15PM. The motion was seconded by Mr. Romano and carried unanimously.

Mr. Garrity moved to accept the Supplemental Agreement to the Employment Agreement between the Town of Simsbury and IBPO Local No. 458 as it relates to Article 12, Subsections C(2) and C(3). The motion was seconded by Mr. Mandell and carried unanimously.

Mr. Romano moved to enter Executive Session at approximately 10:15PM. The motion was seconded by Mr. Mandell and carried unanimously.

The Executive Session, for the purpose of discussing the potential lease, purchase or sale of real estate pursuant to Connecticut General Statutes Section 1-200(6) included the Board of Selectmen and Senior Planner Len Tolisano.

The Board of Selectmen came out of Executive Session at approximately 10:30PM. No action was taken.

Mr. Mandell moved to adjourn the meeting at approximately 10:30PM. The motion was seconded by Ms. Gilkey and carried unanimously.