These minutes are for informational purposes only. For official minutes contact either the Town Clerk's office or the First Selectman's office.

Regular Meeting

July 24, 2000

CALL TO ORDER

The meeting was called to order at 7:32 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: Laurie Whitten, Conservation Officer, Richard Sawitzke, Town Engineer, Robert DeCrescenzo, Town Attorney, and other interested parties.

PUBLIC AUDIENCE

Pam Katz, 8 Gretel Lane, encouraged the BOS to move forward with the demo project for improving the streetscape of town center.

Huguet Pameijer stated that she sent a letter to the First Selectman in May requesting that a committee be formed to create a noise ordinance. She stated that the letter she received from Ms. Mielert was not responsive and she has been suffering from the effect of noisy neighbors for the past 2 years. Ms. Pameijer stated that she has worked with the Simsbury Police Department and the Animal Control Officer, but the Police Department needs a noise ordinance in order to write tickets. She urged the BOS to step into line with other communities and check the feasibility of a noise ordinance in Simsbury. Ms. Pameijer submitted a copy of West Hartford's noise ordinance (Addendum 1).

Don Ziegler, 47 Fox Den Road, questioned the letter sent to the Fire District on June 17th which was signed by Ms. Gilkey, Mr. Vincent, Mr. Romano and Mr. Mandell stating that they support the sale of the water company to the Fire District. He noted that the BOS voted in opposition of supporting the Fire District in this matter and he questioned what purpose this letter serves. Mr. Ziegler pointed out that Mr. Vincent and Mr. Mandell voted with the majority of the BOS on this issue and he questioned their current position. He questioned whether the BOS is aware that the Fire District has already spent $80,000 of taxpayer money on this matter.

Mr. Mandell requested that Mr. Ziegler submit his request for a response in writing.

Tom Horan, Hopmeadow Street, stated that he supports the streetscape project and he encouraged the BOS to move forward with the project.

Joan Coe, 26 Whitcomb Drive, expressed her objection to the one line responses she is receiving to her questions raised during BOS meetings. She encouraged the BOS to request that Ms. Mielert answer the public's questions during Public Audience. Ms. Coe stated that the new chairs in the Main Meeting Room cost $550 each, for a total of $5,500, and were purchased in Canton. She questioned why other Ford dealerships were not included in the bid process for the purchase of an Explorer XLT for the Public Works Director. Ms. Coe noted that Robert Campbell won a settlement from the Town and was paid $10,000 by the Town with an undisclosed amount paid by the insurance carrier. She stated that Riverbend Associates won their FOI complaint regarding an illegal Executive Session and she questioned whether the additional information has been included in the minutes. Ms. Coe noted that Ms. Mielert has eliminated newspapers at the entrance to Town Hall and she questioned whether the public's participation in donating used eyeglasses and food has also been eliminated. She questioned why there has been no answer on the assumptions for the appraisal of the 3 Iron Horse Boulevard parcels. Ms. Coe questioned why the public has not been told that the 2 parcels being considered for the new high school are contaminated, noting that the Griffin land proposal was denied due to contamination. She suggested that there is no location for a new high school.

Ferg Jansen, 12 Echo Lane, expressed his support of the streetscape project. He noted that Simsbury has the last walking town center in the area and he urged the BOS to move forward now before the DOT decides to widen Hopmeadow Street.

Roxanne Roth Davis, owner of Say Cheese stated her support for the streetscape project and noted that nothing negative could come from this project.

Jerry Lintner, 5 Simscroft Place, Director of the Simsbury Main Street Partnership, spoke on behalf of the membership thanking those involved for their work and support of the streetscape project. He noted the previous plans for town center which were completed and the surveys which have been done which have all reached the same conclusions. He thanked the BOS for moving ahead with this project.

Joyce Howard, 116 Terry's Plain Road, Co-Chair of the Tourism Committee, stated that the Tourism Committee supports the streetscape project. She stated that during Septemberfest the Tourism Committee does a survey and residents and visitors always comment on the town center because many towns have lost their town centers. She noted that Simsbury is fortunate to have the Historical Society and historical buildings in town center.

Charlie Stephenson, 65 East Weatogue Street, stated that the Town is at a moment in which they can take a step forward for the future of Hopmeadow Street. He stated that he looks forward to the support of the BOS on the streetscape project.

John Lavery, 298 Hopmeadow Street, stated that nothing could be against the streetscape improvements. He noted that businesses in town want people to enjoy coming to downtown.

PLANNING AND CONSERVATION

a. Possible Violation of Conservation Restriction - Cobtail Way

Ms. Mielert reviewed the map of the site and distributed Ms. Whitten's photographs of the site. Ms. Whitten stated that recently the homeowners at 17 Cobtail Way cut down 4 trees: 1 existing pine tree and 3 maple trees which were required side yard plantings. She stated that she did not witness these trees as being sick. Ms. Whitten noted that Mr. Palmer, President of the Homeowner's Association, is requesting that these trees be replaced. She pointed out that the covenant for this subdivision states that tree replacement must be acted upon through the BOS. Ms. Whitten stated that the maple trees were 6-10 inches in diameter and the pine tree was at least 70 feet tall.

Mr. Garrity noted that in the past another resident in this subdivision was required to replace trees and if the restrictions exist they need to be enforced in order to preserve the ridgeline.

Mr. Mandell pointed out that the documents are ambiguous and this is a conservation/planning issue. He questioned whether the BOS adopted these documents. Mr. DeCrescenzo stated that it appears that the document was part of the approval by the Planning Commission. He noted that it is up to the BOS as to whether they want to exercise the rights outlined in the document. Mr. DeCrescenzo stated that he does not know if the BOS accepted the dedication of the easement. Mr. Mandell expressed his disappointment that the Town's pursuit of this matter places the burden of the cost on the Town.

Mr. Mandell moved to authorize the Conservation Officer to notify the homeowner of 17 Cobtail Way that they are in violation of the easement and covenant and their restrictions on the property. The motion was seconded by Mr. Garrity.

Mr. Mandell noted that if the homeowner doesn't cooperate the next step will be to file suit. Mr. Romano questioned what size trees they will require as replacements . Mr. DeCrescenzo suggested that the Conservation Officer look at past practice for tree replacement. Ms. Mielert stated that this involves a policy issue of maintaining ridgeline. Mr. Vincent requested that the Conservation Officer verify that the cuttings are over 4 inches and the 100 foot radius.

The vote was unanimous. The motion carried.

Mr. Mandell moved to amend the agenda and address item 5a, Presentation on Streetscape Improvements at Hopmeadow Street. The motion was seconded by Mr. Romano and carried unanimously.

PUBLIC WORKS

a. Presentation on Streetscape Improvements at Hopmeadow Street

Dean Johnson, Johnson Land Design, noted the gateways into town center to the north and south on Hopmeadow Street. He stated that the plan includes sidewalks, tree plantings, carriage type lighting, and landscaping to reduce the views to large parking areas. He stated that Phase I will include the area between Phelps Lane and Pent Road on the east side of Hopmeadow Street, and the area between ABC house and Town Hall on the west side of Hopmeadow Street. Mr. Johnson noted what items will be addressed in the first phase of the project: brick sidewalks, benches, plantings in front of Andy's plaza, a low hedge in front of the Simsbury Town Shops, foundation bases and conduit for new lighting, and painting the DOT span poles, walking lights, and control boxes the same color as the lights. Ms. Mielert noted that granite curbing and textured pedestrian crosswalks will be included in the West Street/Hopmeadow Street DOT project.

Mr. Mandell questioned whether the committee considered uniform historic signage to point out places such as the library, Town Hall and parking areas. Mr. Johnson stated that a historical format utilizing the town seal is a possibility. He noted that the lighting fixtures will accommodate signs for points of interest.

In response to Mr. Romano, Mr. Johnson stated that they will use flat top brick for the sidewalks which have a tiny chamfer on the edge. He stated that good quality bricks require less maintenance.

Ms. Gilkey questioned the number of lighting fixtures. Mr. Johnson stated that Phase I will include 18 light fixtures and the overall project will include approximately 70-75 fixtures. Mr. Garrity questioned the status of the project. Mr. Sawitzke stated that they have received bids and will be awarding the project to a vendor shortly so that the project can begin this summer. He stated that the bid is within their $230,000 price range and the funding is available. Ms. Gilkey questioned whether they plan to sell bricks to raise money. Ms. Mielert suggested that they accept donations for bricks, lampposts, benches and plantings, which can include dedication plaques and will create ownership of the streetscape.

PLANNING AND CONSERVATION

b. Iron Horse Boulevard - Proposed Use Restrictions

Ms. Mielert read the bonding language for the funds which will be used for this purchase. Mr. Garrity stated that he does not want to hamper the future use of this land and the current BOS doesn't know what may be needed in the future. He pointed out that the decision on the use of these parcels will always come back to the BOS and land use boards. Ms. Mielert noted the suggestions of the Open Space Committee (Addendum 2).

Mr. Mandell moved to adopt the use restrictions for the Iron Horse Boulevard properties as set forth from the Open Space Committee, through the First Selectman. The motion was seconded by Mr. Romano.

Mr. Vincent recused himself from the discussion and vote.

Mr. Mandell stated that he doesn't support encumbering the land because it is too difficult to change in the future. He stated that he agrees with the restrictions, but they can be accomplished without encumbering the land. Ms. Mielert suggested that the BOS accept the suggestions as a policy statement and not as restrictions on the land. Ms. Gilkey noted that the Plan of Development incorporates these suggestions and she agreed that needs may change with time and it would be difficult make a change once the land is encumbered. Mr. Romano stated that he does not favor restrictions on the land.

Mr. Mandell withdrew his motion. Mr. Romano withdrew his second.

Mr. Mandell moved to adopt, as a matter of policy, the use restrictions presented to the BOS in a memo dated July 20, 2000 with the last paragraph to apply to the entire parcel and with paragraph 5 being amended. The motion was seconded by Mr. Romano and carried unanimously.

PUBLIC WORKS

b. Request by Udolf Enterprises to Grant Sewer Easement on Town Owned Property

Mr. DeCrescenzo outlined the history of the request and reviewed the agreement (Addendum 3). He expressed his view that it is in the best interest of the Town to grant the easement, subject to the conditions. He noted that, based on the appraisal, the easement is valued at $500. Mr. DeCrescenzo stated that he made a blind inquiry to the Attorney General's office regarding the fact that this property is held by the Town as open space. He stated that he is waiting to hear if the Attorney General's office will issue a "no action letter". He recommended that the BOS accept this request subject to the Attorney General's approval.

Mr. Sawitzke explained the situation with this very old sewer system and noted that there is the possibility of contamination if the pump station breaks down.

Mr. Mandell moved to grant the sewer easement, as set forth in the letter dated June 27, 2000, as it conforms to the recommendations of the Town Attorney. The motion was seconded by Ms. Gilkey and carried unanimously.

RECREATION

a. Authorize Execution of Agreement Between Town of Simsbury and Bostwick & Hopper Architects, LLC for Full Architectural and Engineering Services for the Additions and Alterations to the Existing Clubhouse Located at Simsbury Farms

Mr. Romano moved to authorize the execution of an agreement between the Town of Simsbury and Bostwick & Hopper Architects, LLC for full architectural and engineering services for the additions and alterations to the existing clubhouse located at Simsbury Farms, incorporating the suggestions supplied by the Town Attorney in his document dated July 17, 2000 (Addendum 4). The motion was seconded by Mr. Mandell.

Mr. Vincent stated that Section 3.2.1 should include the fact that there will be weekly meetings regarding the project. He also noted that Section 5.2.1 should include a figure of $730,000.

Mr. Romano amended his motion to include the changes to Section 3.2.1 and Section 5.2.1, as recommended by Mr. Vincent. Mr. Mandell amended his second. The vote was unanimous. The motion passed.

APPOINTMENTS AND RESIGNATIONS

a. Reappointment of Doris Farmer to Housing Authority for Term to Expire April 2005

Mr. Mandell moved to reappoint Doris Farmer to the Housing Authority for a term to expire in April 2005. The motion was seconded by Ms. Gilkey and carried unanimously.

SUBCOMMITTEE REPORTS

a. Public Safety
Mr. Garrity reported that the increased traffic on Blue Ridge and David Drive was discussed at the last Public Safety Subcommittee meeting. He stated that they will increase law enforcement in that area and take additional speeding counts. Mr. Garrity noted that they will notify companies in the area not to use this neighborhood as a shortcut, and the next step will be to involve the neighborhood in addressing this issue.

b. Finance: No report.

c. Welfare: No report.

d. Personnel: No report.

LIAISON REPORTS

None.

CORRESPONDENCE

Mr. Vincent reported that the Simsbury American Legion Baseball Team has qualified for the State tournament and has won 15 of their last 17 games.

APPROVAL OF MINUTES

a. December 13, 1999 Regular Meeting (Revised)

Ms. Mielert stated that these changes are a result of the FOI decision. She recommended two additional changes.

Mr. Garrity moved to approve the December 13, 1999 Regular Meeting minutes, as amended. The motion was seconded by Mr. Mandell and carried unanimously.

b. July 10, 2000 Regular Meeting

Mr. Mandell moved to approve the July 10, 2000 Regular Meeting minutes, as amended. The motion was seconded by Mr. Garrity and carried unanimously.

EXECUTIVE SESSION

Mr. Mandell moved to enter Executive Session, to include the Town Attorney and Mr. Sawitzke, at 9:34 p.m. The motion was seconded by Ms. Gilkey and carried unanimously.