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

Board of Selectmen

Regular Meeting

June 12, 2000

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: Paul Fetherston, Assistant to the First Selectman, Robert M. DeCrescenzo and James Connor, Town Attorneys, and other interested parties.

Mr. Romano moved to open the Public Hearing regarding the proposed ordinance requiring reimbursement by abutting property owners of Town funds expended for the extension of water mains. The motion was seconded by Ms. Gilkey and carried unanimously.

PUBLIC HEARING ON PROPOSED ADOPTION OF AN ORDINANCE ENTITLED "ORDINANCE REQUIRING REIMBURSEMENT BY ABUTTING PROPERTY OWNERS OF TOWN FUNDS EXPENDED FOR THE EXTENSION OF WATER MAINS"

Bob Howard, 9 Cardinal Road, requested that Cardinal Drive be included on the water mains.

Barbara Howard, 9 Cardinal Road, stated that she polled her neighbors and they are interested in having the water mains extended down their street but want to know the cost.

Ms. Mielert closed the Public Hearing.

PUBLIC AUDIENCE

Joan Coe, 26 Whitcomb Drive, noted that the Town has purchased parcels along Iron Horse Boulevard for $1 million. She suggested that if Pharos Farm were used for athletic fields the Town would save money. She listed the market value of the Iron Horse Boulevard parcels, based on the Tax Assessor's records, and questioned whether the Town purchased over-valued land. Ms. Coe questioned reimbursements to Ms. Mielert, Lt. Mendela, Commissioner Eisenmann, Commissioner Cosgrove, and the cost for a convention the Finance Director attended.

Ms. Coe stated that the State has adopted a policy that no State Parks will allow alcohol and she suggested that the BOS review the Town's policy at their next meeting. Ms. Coe questioned why the dump doesn't have a permit from the State Department of Waste Management. She questioned when the dump was last inspected and what were the results. She questioned whether the Attorney General has confirmed that the landfill being located on Eno property complies with the Eno Trust.

Ms. Coe questioned whether the BOS will file a complaint with the Police Department regarding the students who illegally attended Simsbury schools. She noted the possibility for tax credits for historical homes and questioned whether this effects Ms. Mielert. Ms. Coe noted that the Recreation Department is accepting credit card payment for swim passes and she questioned whether this is a Town policy for all types of payments, such as taxes. She stated that Ms. Gilkey was the only member of the BOS, BOF, and BOE who filled out a Conflict of Interest form and she questioned why there has been a relaxed attitude regarding these forms.

Dan Crowley requested that the BOS vote on the Fire District's appeal to the Superior Court regarding the DPUC's award of the water company to a foreign entity. He noted the Town's purchase of the 3 Iron Horse Boulevard parcels and the fact that in 1996 the residents of the town voted 5 to 1 against invading the floodplain. Mr. Crowley suggested that these funds should be used to purchase the development rights of farms for preservation. He stated that a road could be built connecting Curtis Field and Pharos Farms and would provide a better solution for soccer and baseball activities.

John Loomis, 500 Firetown Road, stated that the Fire District's proposal is motivated by the best conservation and financial interests of the town. He questioned the indifference and hostility of some members of the BOS towards the Fire District and Kevin North. Mr. Loomis questioned what study the Town has done and what effort they have made to inform the residents and engage in a dialog with residents. He suggested that the presentation by the accountant appeared as an ambush. He stated that the Fire District has not been given due process, basic fairness and professional courtesy during this process. Mr. Loomis stated that to date the BOS's role has been disappointing and they are moving closer to loss of control and management of the water resources in Simsbury. He noted that it is not too late to engage the town on this issue.

Bob Howard, 9 Cardinal Road, stated that he and his wife water the flowers along Mall Way and Iron Horse Boulevard, for the Beautification Committee, and the stench in that area is unbearable during the summer.

Nat Kennedy, 18 Longview Drive, stated that he supports the Fire District's purchase of the water company and is opposed to the sale to a foreign company. He requested that the BOS support the challenge by the Fire District and not let this local resource go.

STATE OF THE TOWN - FIRST SELECTMAN

Ms. Mielert reviewed the Meadowood application process. She discussed personnel changes and available positions. She noted that June is dog license month. Ms. Mielert stated that the Simsbury Soccer Club made a large donation to the Simsbury Food Closet. She stated that the tax collection rate, as of May 31, 2000, was 98.9%. Ms. Mielert noted the community service activities of the Police Department and the Open Houses which were held. She listed the pool hours. Ms. Mielert stated that the Public Works Department is using a soil screener to create topsoil. She noted activities at the library, such as the adult summer reading program. She stated that on June 19th the BOS will hold a meeting, on behalf of the Connecticut DOT in conjunction with the Federal Government, to discuss the scope change in the Greenway.

ECONOMIC DEVELOPMENT

a. Talcott Mountain Music Festival Reminder - June 23, 30; July 7, 14 - Gates Open at 6:30 PM, Show Begins at 7:30PM

FINANCE

a. Request to Transfer Funds From Reserves for Legal Costs Associated With Meadowood Land Use Application Process

Mr. Mandell moved to authorize the transfer of $107,000 from Reserves to fund the Meadowood legal cost. The motion was seconded by Mr. Garrity.

Ms. Mielert read letters from Mr. Bradley, Chairman of the Zoning Commission, and Ms. Katz, Acting Chairman of the Planning Commission, regarding their agreement with the billing from Robinson & Cole. The vote was unanimous. The motion carried.

b. Fiscal Year 1999-2000 General Fund Budget Transfers

The board reviewed Mr. Kane's June 6, 2000 memos regarding General Fund and Special Revenue Fund budget transfers (Addendum 1 & 2).

Mr. Garrity moved to make the General Fund budget transfers in the amount of $351,808. The motion was seconded by Mr. Mandell.

Mr. Mandell questioned some of the transfers. Ms. Mielert noted that the $150,000 transfer to the CNR fund is a savings account for revaluation in 2002. She stated that Police Special Duty should break even later in the year. The vote was unanimous. The motion carried.

c. Special Revenue Funds 1999-2000 Budget Transfers

Mr. Mandell moved to transfer the items as set forth in Kevin Kane's June 6, 2000 memo regarding Special Revenue Funds. The motion was seconded by Mr. Romano and carried unanimously.

d. Request by International Skating Center of Connecticut to Consent of Mortgage of Leasehold Estate Pursuant to Section 7.8 of Ground Lease

Mr. Mandell moved to consent to the Mortgage of Leasehold Estate pursuant to Section 7.8 of the ISCC ground lease between the Town of Simsbury and the International Skating Center of Connecticut. The motion was seconded by Mr. Vincent.

Louis Green, Attorney for ISCC, stated that they have a mortgage commitment which was submitted to Town Counsel and the issues regarding lease provisions have been resolved. Mr. Connor discussed the lease with regard to the mortgage and recommended approval of the agreement.

The vote was unanimous. The motion carried.

e. Acceptance of Non-Monetary Donations of Improvements to the Apple Barn by the Simsbury Woman's Club and Simsbury Garden Club Pursuant to Section 100-3 of the Code of the Town of Simsbury Ms. Mielert noted the donation of two cabinets for the Apple Barn.

Mr. Mandell moved to accept, with thanks, the gift of the Simsbury Woman's Club and the Simsbury Garden Club pursuant to Section 100-3 of the Code of the Town of Simsbury. The motion was seconded by Mr. Vincent and carried unanimously.

f. Acceptance of Monetary Donation to the Town of Simsbury by Westminster School Pursuant to Section 100-2 of the Code of the Town of Simsbury

Mr. Romano moved to accept the monetary donation to the Town of Simsbury by Westminster School pursuant to Section 100-2 of the Code of the Town of Simsbury. The motion was seconded by Mr. Mandell and carried unanimously.

g. Authorize Establishment of the "Center Area/Streetscape Project" Special Revenue Fund

Mr. Mandell moved to authorize the establishment of the "Center Area/Streetscape Project" Special Revenue Fund. The motion was seconded by Mr. Garrity.

Mr. Romano requested information on how the funds will be spent. Ms. Mielert suggested that the BOS request a presentation when the Streetscape Advisory Committee is close to making a decision on the project. She stated that the gift may be used to enhance the use of the area near Westminster School. Mr. Vincent suggested that letting people know what funds may go towards might encourage contributions to the overall project.

The vote was unanimous. The motion carried.

PLANNING AND CONSERVATION

a. Review and Approval of 2000 Connecticut Neighborhood Assistance Act Proposals

Ms. Mielert noted that they have received 4 proposals and no one appeared at the Public Hearing.

Mr. Romano moved to approve the 2000 Connecticut Neighborhood Assistance Act Proposals. The motion was seconded by Ms. Gilkey and carried unanimously.

b. Authorize First Selectman to Execute Amendment to Retainer Agreement Between Town of Simsbury and Robinson & Cole for Litigation Involving Applications of River Bend Associates, Inc. and Griffin Land & Nurseries, Inc.

Ms. Mielert noted that the amendment will include the same conflict statement as was in the original proposal.

Mr. Mandell moved to authorize the extension of the Retainer Agreement with Robinson & Cole for litigation involving the applications of River Bend Associates, Inc. and Griffin Land & Nurseries, Inc. The motion was seconded by Ms. Gilkey and carried unanimously.

c. Update of the Aquifer Protection Map and Regulations - Request for Funds to Complete Study

Ms. Mielert stated that the southwest portion of town, near the ARCO location, was not included in the February 1999 study and she has requested that staff complete the study of this area.

PUBLIC SAFETY

a. Authorize First Selectman to Execute Regional Emergency Medical Services Communications System Agreement

Ms. Mielert stated that this is an annual agreement and the cost is based on a per capita number. She noted that they have budgeted for this item.

Mr. Mandell moved to authorize the First Selectman to execute the Regional Emergency Medical Services Communications System Agreement. The motion was seconded by Mr. Garrity and carried unanimously.

b. Request to Set Fee Schedule for Private Duty Billing Purposes

Ms. Mielert stated that the actual rate paid, including benefits, is $53.00 per hour and she suggested that they increase the rate each year based on the General Wage Increase.

Mr. Garrity moved to set a new Private Duty rate of $53.00 per hour. The motion was seconded by Mr. Mandell and carried unanimously.

Mr. Garrity moved to increase the Private Duty rate by 3.5% on July 1, 2000 to $54.86 per hour. The motion was seconded by Mr. Romano and carried unanimously.

PUBLIC WORKS

a. Review and Possible Adoption of an Ordinance Entitled "Ordinance Requiring Reimbursement by Abutting Property Owners of Town Funds Expended for the Extension of Water Mains"

Mr. Garrity moved to adopt an ordinance entitled "Ordinance Requiring Reimbursement by Abutting Property Owners of Town Funds Expended for the Extension of Water Mains". The motion was seconded by Mr. Mandell and carried unanimously.

b. Request by The Rob Branham Foundation to Use Town Owned Property on September 10, 2000 from 8AM to 11AM for Annual Road Race

Mr. Garrity moved to permit The Rob Branham Foundation to use Town owned property on September 10, 2000 from 8AM to 11AM for the Annual Road Race. The motion was seconded by Ms. Gilkey and carried unanimously.

SOCIAL SERVICES

a. Authorize First Selectman to Execute One (1) Year Extension of Dial-A-Ride Contractual Agreement Between Town of Simsbury and F.R. Tetro Enterprises for a Term to Expire June 30, 2001

Ms. Gilkey moved to authorize the First Selectman to execute a one year extension of the Dial-A-Ride contractual agreement between the Town of Simsbury and F.R. Tetro Enterprises for a term to expire on June 30, 2001. The motion was seconded by Mr. Romano.

Mr. Garrity suggested that the contract go out to bid next year in case another firm is interested in providing these services.

The vote was unanimous. The motion carried.

APPOINTMENTS AND RESIGNATIONS

a. Appointment of Sharry Smith to Tourism Committee for Term to Expire December 2001

Mr. Mandell moved to appoint Sharry Smith to the Tourism Committee for a term to expire in December 2001. The motion was seconded by Mr. Garrity and carried unanimously.

b. Appointment of Matthew Koch to Design Review Board (Alternate - Dragat Vacancy) for Term to Expire December 2001

Mr. Mandell moved to appoint Matthew Koch to the Design Review Board (Alternate - Dragat vacancy) for a term to expire in December 2001. The motion was seconded by Mr. Garrity and carried unanimously.

c. Appointment of Scott Barnett to Design Review Board (Alternate - Dahlquist Vacancy) for Term to Expire December 2001

Mr. Garrity moved to appoint Scott Barnett to the Design Review Board (Alternate - Dahlquist vacancy) for a term to expire in December 2001. The motion was seconded by Mr. Mandell and carried unanimously.

d. Appointment of Gerry Post to Simsbury Farms Complex Committee (Vincent Vacancy) for Term to Expire December 2001

Mr. Mandell moved to appoint Gerry Post to the Simsbury Farms Complex Committee (Vincent vacancy) for a term to expire in December 2001. The motion was seconded by Mr. Romano and carried unanimously.

SUBCOMMITTEE REPORTS

a. Public Safety: No report.

b. Finance: No report.

c. Welfare: No report.

d. Personnel

Mr. Mandell stated that the Personnel Subcommittee will discuss the Personnel Rules and Regulations at their next meeting. Ms. Mielert stated that she plans to present the proposed Personnel Rules and Regulations to the Department Heads on Friday for comment.

LIAISON REPORTS

Mr. Romano reported, on behalf of the Aging and Disability Commission, that there is a website which provides seniors and low income families with prescription drugs at a low cost or no charge. The website is needymeds.com and further information can be obtained through the Senior Center.

Mr. Mandell reported that Simsbury Farms hosted the Connecticut State High School Golf Championships. He commended those running the golf course facility on the magnificent condition of the golf course.

APPROVAL OF MINUTES

a. May 22, 2000 Regular Meeting

Mr. Romano moved to approve the minutes of the May 22, 2000 Regular Meeting. The motion was seconded by Ms. Gilkey and carried unanimously.

b. May 26, 2000 Special Meeting

Mr. Mandell moved to approve the minutes of the May 26, 2000 Special Meeting. The motion was seconded by Mr. Garrity and carried unanimously.

EXECUTIVE SESSION

a. Pending Litigation

Mr. Garrity moved to enter Executive Session at 9:14 p.m. to discuss pending litigation and to include Mr. DeCrescenzo. The motion was seconded by Ms. Gilkey and carried unanimously.