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

Regular Meeting

August 14, 2000

I. CALL TO ORDER

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: Richard Sawitzke, Town Engineer, Susan Bullock, Library Director, Leonard Tolisano, Senior Planner and other interested parties.

II. STATE OF CONNECTICUT PROCLAMATION - A DAY TO COMMEMORATE THE END OF WORLD WAR II

Ms. Mielert read the Proclamation (Addendum 1).

III. PUBLIC AUDIENCE

Joan Coe, 26 Whitcomb Drive, requested that Ms. Mielert provide answers during Public Audience. She questioned expenditures by Ms. Mielert for the redecoration of her office, a tea set and a microwave. Ms. Coe also questioned reimbursed expenses for particular trips to West Hartford, Hartford and Guilford. She questioned why the new chairs in the Main Meeting Room are not leather, as ordered. Ms. Coe addressed her concerns with the proposed site for the new high school. She pointed out that these parcels would generate $20 million in taxes if they were fully developed.

Ms. Coe questioned how the Conservation Commission could approve the purchase of the three Iron Horse Boulevard parcels prior to receiving the letter from the environmental consultant. She questioned why the Farmington Valley Watershed Association was not contacted regarding this site. Ms. Coe noted that the pipe on Mr. Girard's property needs remediation immediately. She questioned the effect athletic fields would have on the environment and the river. She questioned how this purchase could be approved when Meadowood was denied. Ms. Coe requested that Ms. Mielert copy all of the BOS members on her answers to Public Audience.

Elise Sirman, 111 Westledge Road, stated that this is local government and the use of a podium makes some people nervous and is stifling the public's ability to speak. She noted that the BOS is here to listen to citizens and shouldn't be concerned with SCTV. Ms. Sirman stated that the people of Simsbury should receive answers during Public Audience and she questioned who Ms. Mielert is speaking for in her written responses. She stated that tax dollars should not have been spent on a tea set.

Ron Eisen, 2 Sunset Hill Road, stated that he is interested in the responses to Ms. Coe's questions. He requested that the First Selectman answer the audience's questions for the town of Simsbury and not send answers by mail.

Bill Gardner, 53 High Ridge Road, noted that the proposal for a new high school has significant tax consequences and he expressed his concern that authorizing the purchase of the land begins the process for the construction of a new high school. He discussed his concerns with changes made by the First Selectman and stated that those who take the time to attend the BOS meetings deserve prompt answers. He requested that the BOS revise this procedure and return to the procedure of oral answers.

Dobb O'Brien, 484 Firetown Road, questioned why the BOE will apply to the State before they have learned the pros and cons of a new high school. He stated that a $65 million decision is for the voters to make, not the BOE. Mr. O'Brien suggested that a debate on a new high school versus remodeling the existing high school should be held now, not after the State approves the use of tobacco land. He questioned the secrecy that was maintained during the site selection process. He noted that the Town can purchase the property by eminent domain. Mr. O'Brien suggested that a BOS vote for the application to go forward sends a message that they support a new high school, not a remodeled high school.

Steve Ruded, 3 Lawton Drive, stated that he is opposed to appointing legal counsel and filing an application with the State regarding a new high school. He suggested that filing an application starts the approval process, without a mandate from the voters. Mr. Ruded stated that speed should not be an issue and the Town must take the time to inform the public and consider the public's input on this project.

Sue Bednarcyk, 118 East Weatogue Street, read the First Amendment of the Constitution. She stated that it is unnerving to have to speak at a podium and she reminded the BOS that Simsbury has free government.

Jim Gazzola, Briarwood Drive, stated that during the Meadowood application the commissions and consultants did a good job with research regarding the project. He expressed his concern that an application from the Town, for a new high school, would create a built-in conflict of interest for these commissions. He noted that the developers of Meadowood will be watching how the Town proceeds on the matter of constructing a new high school.

IV. STATE OF THE TOWN - FIRST SELECTMAN

Ms. Mielert provided an update on the West Nile Virus. She briefly discussed the celebration of Gifford Pinchot Day in Simsbury. She stated that Septemberfest will be held September 8-10. Ms. Mielert stated that she, Mr. Voelker and Dick Stoltz have made 7 visits to local companies in an outreach effort by the Town. She stated that the Simsbury Police Department received a $1,000 donation from CL&P to enhance the bike patrol on the Greenway. She noted that the Simsbury Commons substation will be staffed every Wednesday afternoon.

Ms. Mielert noted the renovation work that as been completed at Eno Hall. She stated that the Friends of the Simsbury Library will hold their book sale September 8-10. Ms. Mielert stated that there are currently job openings for a part-time reference librarian and a full-time dispatcher.

Mr. Mandell noted the outstanding article and photograph in the New York Times regarding the Bridge of Flowers.

Mr. Vincent reported that Simsbury's Babe Ruth team won the State of Connecticut championship in a 1-0 win over Greenwich.

Ms. Gilkey requested that the next BOS meeting agenda include discussion of a new format for Public Audience during BOS meetings. She stated that she will submit her request in writing.

V. HIGH SCHOOL - PROPOSED CONSTRUCTION PROJECT

a. Presentation - Selected Site for Proposed New High School

Ms. Mielert discussed the process for this project. She stated that submitting an application to the State does not commit the Town to the project and discussion of land acquisition does not commit the Town to the purchase of the land.

Rich Hogan, BOE, stated that the BOE considered the option of renovating the existing high school versus constructing a new high school and voted unanimously that constructing a new high school is the best way to go forward. Mr. Hogan explained that the Site Selection Subcommittee looked for a site in secret at the request of Town Counsel. He noted that the subcommittee looked at 11 sites and tonight they will discuss the chosen site.

John O'Neil, BOE, Chairman of the Site Selection Subcommittee, named the members on the subcommittee. He discussed the process which was followed to choose the site and the State requirements which needed to be considered.

Dick Ostop, Chairman of the Public Building Committee, presented an overview of the factors that went into the site selection. He pointed out that they require a building which is 325,000 square feet to accommodate the anticipated enrollment. He explained that this would require 50 acres of land and the subcommittee preferred a site with 80-100 acres.

Mr. Sawitzke noted that the need for 70-100 acres reduced the number of eligible sites for the high school. He reviewed the 11 sites which were considered and explained the reasons why sites were eliminated from consideration. Mr. Sawitzke stated that the selected site is a grouping of properties west of Hopmeadow Street, north of the International Skating Center. He noted that there are five property owners, of which the Town is one. Mr. Sawitzke reviewed the land conditions at the site and the consideration of the placement of the building on the site. He noted that the upper portion of the property lays out well.

Bill Yokum, Landscape Architect, reviewed the site plan and the campus design on the proposed site. He discussed the entrance to the building and maintaining the agricultural look by having athletic fields at the entrance. Mr. Yokum stated that the location of the high school on the higher portion of the site will provide views from the school. He reviewed the circulation for cars and buses and the parking situation. He noted the locations of the athletic fields and pointed out that the fields can be rotated each year in order to rest fields. Mr. Yokum stated that the stadium would be located in a natural bowl and he noted the location for a tennis court complex with 12 courts.

Mr. Sawitzke stated that all of the sites had negatives and there were two negatives on this site: (1) the site is not centrally located, and (2) there is agricultural property on the site. He stated that the Phase 1 review of the site demonstrated that the soils would need to be removed under the building and the soils would need to be encapsulated under the parking and fields. Mr. Sawitzke stated that the positive side of the site is that it requires limited clearing, there are limited residential impacts, and the terrain lends itself to an interesting design.

Mr. Hogan stated that a lot of time, effort and thought went into the choice of a parcel for the new high school. He stated that the BOE and the Public Building Committee unanimously believe that this is the best site for the high school.

Ms. Mielert distributed an approximate timetable for a decision on this project and explained why a November referendum would be impossible. Mr. Hogan stated that, at the request of the BOF, the BOE is following 2 paths and have architects working on both a modernization of the existing high school and the construction of new high school. He stated that the BOE will present costs and State reimbursement information for both options. Mr. Hogan stated that when the BOE has the final numbers they will present the modernization plan to the public for discussion. He stated that they presented the preferred site tonight in order to move the process forward and submit the application to the State.

Mr. O'Neil stated that there will be presentations to the BOE and the BOS with two plans. He noted that the BOE will hold focus groups and Public Hearings. Mr. Ostop stated that they expect to have preliminary numbers at the Public Building Committee meeting in September, but they have to get the application on the books with the State in order to receive reimbursement. Mr. Hogan stated that the Public Building Committee vote enabled the proposal to be sent to the State by the BOE. He suggested that the BOS, BOE and BOF hold a joint meeting regarding the high school in September.

b. Appointment of Temporary Legal Counsel Pursuant to Simsbury Town Charter Section 806, For Land Acquisition Purposes Related to Proposed High School Project

Ms. Mielert stated that the Town's current legal counsel and Robinson & Cole cannot be used on this matter due to a conflict of interest based on Griffin Land. She noted that David Losee, Halloran & Sage, is representing some of the residents of Hazelmeadow in their suit regarding the Greenway. Ms. Mielert suggested that Sorokin, Gross & Hyde be chosen as legal counsel on the matter of land acquisition related to the proposed new high school. She explained that Robinson & Cole, Halloran & Sage, and Sorokin, Gross & Hyde were the 3 law firms interviewed by the BOS in the selection of representation for the Meadowood application.

Mr. Sawitzke stated that in order to enter legally binding buy/sell agreements the Town needs legal counsel, and this is necessary in order to do the preparatory work. Ms. Gilkey questioned whether there is an estimate of the number of hours the law firm will spend on this proposal. Mr. Sawitzke stated that the Town has no experience with an acquisition of this size. He noted that staff will provide the basic information, but they need legal counsel to prepare the legal documents.

Mr. Mandell expressed his concern with the term "negotiate" in the letter from Sorokin, Gross & Hyde (Addendum 2). He stated that the law firm should not be the ones negotiating the price of the land. He suggested that Town officials try to speak to the landowner directly and have counsel involved when they are near a purchase agreement to negotiate terms and provide access to the land.

Ms. Gilkey questioned whether the legal fees for the acquisition have been included in the cost estimate for the proposed new high school. Mr. Ostop stated that legal fees are not included, but will be eligible for some reimbursement from the State.

Mr. Mandell moved that the BOS authorize retaining the law firm of Sorokin, Gross & Hyde to assist Town staff in the legal process for the purchase of land designated by the Public Building Committee and the BOE as the primary site for the new high school. The motion was seconded by Ms. Gilkey.

Mr. Vincent stated that the sequence of events are unclear. He noted that on January 24th, Dr. Townsley stated that the BOE will submit an application to the State in two weeks. Mr. Vincent pointed out that when the BOS approved the contract with Friar Associates, on May 22nd, they included language stating that the work must be done in time to present the project at a November referendum. He requested more clarity on the sequence of events from the Town Attorney and expressed his concern with hiring legal counsel to move forward in one direction before everything is in place.

Ms. Mielert noted that the existing Town Attorney can assist with legal matters regarding the modernization plan. Mr. Vincent questioned how the dates on the timetable were determined. Ms. Mielert stated that the dates are approximate, but the sequence is correct. She stated that it is difficult to proceed on a dual track without legal counsel.

Ms. Gilkey stated that she would prefer a spring referendum date instead of January.

The vote was 4 to 1, with Mr. Vincent voting nay. The motion carried.

The meeting recessed at 10:00 p.m. and reconvened at 10:10 p.m.

VI. FINANCE

a. Authorization to Establish "Town Clerk Preservation of Historic Documents Fund" Special Revenue Fund

Ms. Gilkey moved that, in accordance with Public Act No. 00-146, the Board of Selectmen and the Board of Finance establish the "Town Clerk Preservation of Historic Documents Fund" Special Revenue Fund. The motion was seconded by Mr. Mandell and carried unanimously.

b. State Library Construction Grant

i. Acceptance of application as forwarded by Library Board of Directors

Ms. Bullock distributed a tentative timetable and reviewed the dates. She stated that the construction grant application must be submitted by September 1st. She noted that on November 27th the State Library approves the grants. Ms. Bullock explained that the State Bond Commission is backed up one year and there are 10 projects waiting to be done. She stated that if the Town receives a grant they can request extensions, but at some point they have to do the project.

Mr. Garrity moved to accept the application as forwarded by the Library Board of Directors for a State Public Library Construction Grant requesting $500,000, or the maximum amount available, for the additions and renovations of the Simsbury Public Library. The motion was seconded by Mr. Mandell and carried unanimously.

ii. Authorize and direct First Selectman to file an application with the Connecticut State Public Library for a Construction Grant in an amount not to exceed $500,000 for the additions and renovations to Simsbury Public Library

Mr. Garrity moved that the First Selectman is authorized and directed to file an application on forms prescribed by the Connecticut State Library, for a State Public Library Construction Grant in an amount of $500,000, or the maximum amount available, for the additions and renovations to Simsbury Public Library. The motion was seconded by Mr. Mandell and carried unanimously.

iii. Resolution that the Town of Simsbury is requesting a $500,000 State Public Library Construction Grant for the Simsbury Public Library in support of an addition and renovations and that the Town of Simsbury intends to initiate this project within eighteen (18) months of the State Bond Commission approval of the State Grant

Mr. Garrity moved that the Town of Simsbury is requesting a $500,000 State Public Library Construction Grant for the Simsbury Public Library in support of an addition and renovations and that the Town of Simsbury intends to initiate this project within eighteen (18) months of State Bond Commission approval of the state grant. The motion was seconded by Mr. Mandell.

Ms. Gilkey expressed her concern with the 18 month commitment. Ms. Mielert stated that they need to show good faith toward the project. Ms. Gilkey stated that she wants the Town to apply for the grant, but she does not necessarily endorse the project.

The vote was unanimous. The motion carried.

VII. PLANNING AND CONSERVATION

a. Authorize Acceptance of Two (2) Connecticut Historic Commission Grants

i. Boy Scout Hall - $13,900

ii. Design Manual - $15,000

Mr. Tolisano stated that the Town has been awarded two grants by the Connecticut Historical Commission. He stated that one grant will provide interior handicapped access at Boy Scout Hall and the other grant is for the revision of the 1994 Design Guidelines prepared by the Design Review Board.

Mr. Mandell moved to accept the Connecticut Historical Commission grant in the amount of $13,900 for Boy Scout Hall, known as Simsbury Town House. The motion was seconded by Ms. Gilkey and carried unanimously.

Mr. Mandell moved to accept the Connecticut Historical Commission grant in the amount of $15,000 from Connecticut's Certified Local Government Grant-in-Aid program. The motion was seconded by Mr. Garrity and carried unanimously.

VIII. RECREATION

a. Request of Theatre Guild of Simsbury, Ltd. for (1) Permission to Serve Champagne at Annual Patron's Party at Eno Memorial Hall on November 10, 2000; and (2) Waiver of Eno Memorial Hall Rental Fees for Annual Patron Party on November 10, 2000

Mr. Garrity moved to grant permission to the Theatre Guild of Simsbury, Ltd. to serve champagne at their Annual Patron's Party at Eno Memorial Hall on November 10, 2000. The motion was seconded by Mr. Mandell and carried unanimously.

Mr. Mandell moved to waive the rental fee for the Theatre Guild of Simsbury, Ltd. Annual Patron Party on November 10, 2000 at Eno Memorial Hall. The motion was seconded by Ms. Gilkey.

Mr. Romano stated that he does not support waiving fees at anytime. Mr. Mandell noted that this is a volunteer organization which services the community and their costs for productions have been increasing. Ms. Mielert noted that the Theatre Guild is still responsible for the custodial fees.

The vote was unanimous. The motion carried.

IX. SUBCOMMITTEE REPORTS

a. Public Safety: No report.

b. Finance: No report.

c. Welfare: No report.

d. Personnel: No report.

X. LIAISON REPORTS

None.

XI. APPROVAL OF MINUTES

a. July 24, 2000 Regular Meeting

Mr. Mandell moved to approve the minutes of the July 24, 2000 Regular Meeting. The motion was seconded by Mr. Vincent.

Mr. Vincent stated that Mr. Guglielmetti, owner of the Furniture Emporium, has been a Simsbury resident for 26 years and has been involved with the Boy Scouts and Little League Challenger for 20 years. The vote was unanimous. The motion carried.

XII. EXECUTIVE SESSION

a. Pending Litigation

Mr. Romano moved to enter Executive Session at 10:38 p.m. The motion was seconded by Mr. Garrity and carried unanimously. Executive Session included Paul Fetherston, Assistant to the First Selectman.

Mr. Mandell moved to reconvene in Regular Session at 10:55PM. The motion was seconded by Mr. Romano and carried unanimously.

Mr. Romano moved to accept the proposed Settlement Agreement and Mutual Release in the matter of Nagy v. Town of Simsbury (CV-96-0561545) wherein the Town will issue a tax credit of $1,365.43 to Nagy for the overpayment of real property taxes for the Property on the Grand Lists of October 1, 1996 and October 1, 1997. The assessment of $222,020 was used to compute the credit due to Nagy. The motion was seconded by Mr. Garrity and carried unanimously.

Mr. Mandell moved to authorize the Town Attorney to sell three (3) Belden Forest Court condominiums that the Town obtained title to from foreclosure at an absolute auction. The motion was seconded by Mr. Garrity and carried unanimously.

Mr. Mandell moved to authorize the First Selectman to write a letter to the State and Northeast Utilities on behalf of the Board of Selectmen indicating that the Town is not interested in acquisition of land currently owned by Northeast Utilities on Route

10. The motion was seconded by Mr. Garrity and carried unanimously.

XIII. ADJOURNMENT

Mr. Mandell moved to adjourn the meeting at 10:57 p.m. The motion was seconded by Ms. Gilkey and carried unanimously.