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

February 28, 2000

1. CALL TO ORDER

The meeting was called to order at 7:30 p.m. Present were First Selectman Anita Mielert, John Romano, Madeleine Gilkey and Thomas Vincent. Also present were: Gerard Toner, Director of Culture, Parks and Recreation, Bob DeCrescenzo, Town Attorney, and other interested parties.

2. PUBLIC AUDIENCE

Joan Coe, 26 Whitcomb Drive, noted that farming land in Simsbury could contain contaminants which could be extensive and could effect the community. She suggested that this land possibly cannot be remedied. She urged this administration not to place money above health. Ms. Coe stated that on March 8th the DEP will have a meeting on whether to allow Ensign Bickford to have open burning on Hopmeadow Street. She noted that this will effect air quality and she requested that a BOS representative attend this meeting.

Ms. Coe questioned how much funding is being allocated to the Main Street Partnership in the budget, and how many other non-profit organizations have been enriched by tax dollars. She discussed the vacancy situation at Eno Farms. She stated that that it appears that more poor people want to enter at the low end and she questioned why there are vacant units, noting that the Eno Trust places the Town in an administrative capacity to care for the poor.

Ms. Coe recommended that the new Police Chief make significant changes in the management of the Police Department. She questioned what enhancements Chief Shull received as part of his retirement.

Dan Crowley discussed the previous DPUC Public Hearing where Bridgeport Hydraulic was awarded watershed lands because no one spoke up against it. He suggested that the Village Water Company was derelict in not informing the people of their plans to sell the company. He urged the BOS to speak in favor of denial of Bridgeport Hydraulic and Village Water Company's application, before the DPUC, at tomorrow's Public Hearing.

Steve Mitchell, 42 Hopmeadow Street, President of the Teen Center, expressed his concern that the Town is not providing any funds to the Teen Center in their proposed budget (Addendum 1). He pointed out that they rely on the Town and state funds to stay open and the Teen Center is in jeopardy without Town funding.

John Loomis, 500 Firetown Road, stated that at the candidate's breakfast Ms. Mielert stated that the Town needs to further study and review the purchase of the Village Water Company. He questioned whether a study has been completed and whether there has been any meaningful dialog, on the part of the town, regarding this issue. Mr. Loomis questioned what would prevent Bridgeport Hydraulic from exporting water and raising rates. He suggested that the Fire District would be a much better owner for the Town and the townspeople.

Evan Woollacott, 128 Terry's Plain Road, stated that the DPUC is very interested in hearing from the public and from public officials. He stated that public officials can contact the DPUC head commissioner and be allowed to speak first at the Public Hearing.

Joe Sartorius, Wooster Road, stated that residents of Wooster Road paid for paving and the sewer system 5 years ago. He questioned why it has taken 5 years to create Wooster Road as an official town road.

Kathy Loomis, 500 Firetown Road, representing the North Simsbury Coalition, stated that the BOS needs to speak out regarding the purchase of the Village Water Company. She stated that the coalition supports the purchase of the water company by the Fire District because it makes sound financial and environmental sense. Ms. Loomis stated that the town should not lose control over this important natural resource and the sale of the water company effects everyone because we all draw water from the same source. She expressed her hope that the BOS will support the Fire District's proposal.

3. FINANCE

a. Resolution Authorizing First Selectman to Take All Actions Necessary to Sell Units 11, 12, 26, 27 and 40 Including Retaining the Services of a Real Estate Broker on Behalf of the Town and to Execute All Necessary Documents of Sale Including Deeds of Conveyance

Ms. Mielert explained that these units are condominiums at Belden Forest Court which were obtained due to foreclosure based on the tax arrears of HDK Residences Associates.

Mr. Romano resolved that WHEREAS, the Town of Simsbury has foreclosed for taxes on five (5) dwelling units known as Units 11, 12, 26, 27 and 40 previously owned by HDK Residences Associates at Belden Forest Court, 40 Firetown Road, Simsbury; and WHEREAS, as a result of the tax foreclosures, the Town is presently the owner and in possession of said Units 11, 12, 26, 27 and 40; and WHEREAS, the Town desires to sell said Units to recover its delinquent property taxes due and owing from HDK Residences Associates. NOW, THEREFORE, BE IT RESOLVED: That Anita L. Mielert as First Selectman is authorized by the Board of Selectmen to take all actions necessary to sell Units 11, 12, 26, 27 and 40 including retaining the services of a real estate broker on behalf of the Town and to execute all necessary documents of sale including deeds of conveyance. The resolution was seconded by Mr. Vincent and carried unanimously.

4. PUBLIC WORKS

a. Acceptance of Wooster Road

Ms. Mielert noted the memo from Mr. Sawitzke (Addendum 2).

Mr. Romano moved to accept Wooster Road as a public road. The motion was seconded by Ms. Gilkey and carried unanimously.

Ms. Mielert moved to amend the agenda and address Item 6a. The motion was seconded by Mr. Romano and carried unanimously.

5. RECREATION

a. Review of Proposed Skateboard Facility at Memorial Park and Possible 8-24 Referral of Same to Planning Commission

Mr. Toner stated that Gary Wilcox has been working with the Culture, Parks and Recreation Commission for the past 1 1/2 years on a location for a skateboard facility. He stated that there have been discussions with manufacturers and the Town Attorney and at the last Culture, Parks and Recreation Commission meeting there was a unanimous vote to endorse the site at Memorial Park.

Gary Wilcox noted the concern of merchants with skateboaders downtown and he suggested that the solution is to establish an area for youths to enjoy the sport. He noted the location at Memorial Park and stated that there will be 3 areas of increasing expertise within the facility. Mr. Wilcox pointed out that there is no increase in liability insurance because there is less injury from skateboarding than other sports. He stated that they plan to raise $35,000-$50,000. He noted that site preparation will be required at this site. Mr. Wilcox stated that the equipment would become the property of the Town and the program would be supervised by the Culture, Parks and Recreation Department. He noted that the hours of operation will be daylight hours, during good weather, when school is not in session. He stated that there will be a fee structure to offset the cost of supervision. Mr. Wilcox stated that a set of rules will be posted, a release form will need to be signed by the skaters, and helmets will be mandatory.

Ms. Gilkey questioned whether there would be any conflict with services being held in that area of the cemetery. Mr. Wilcox noted that this activity is consistent with the present use of the land and does not create a lot of noise. He suggested that, if necessary, they could close the facility if there is a funeral service nearby. Mr. Wilcox stated that the facility will be a fenced in area of 70 feet x 150 feet, with a grass buffer outside of the fence. He noted that they are working with the Main Street Partnership on fundraising for the facility.

Mr. Vincent moved to refer the proposal for a skateboard facility at Memorial Park to the Planning Commission. The motion was seconded by Mr. Romano and carried unanimously.

6. PUBLIC WORKS

a. Discussion Regarding DPUC Public Hearing on Proposed Sale of Village Water Company to BHC - Tuesday, February 29, 2000 at 7:00PM - Eno Memorial Hall

Mr. DeCrescenzo reviewed the application of BHC and Village Water Company to the DPUC. He noted that BHC has agreed to maintain a Simsbury office for 2 years. He stated that BHC will keep Village Water Company as a northern division company with its own rate structure and the northern division will be run by Mr. Loeffler. Mr. DeCrescenzo reviewed the benefits of the merger as outlined in the application.

Mr. Vincent questioned whether charges for repairs would be charged solely against the northern division.. Mr. DeCrescenzo stated that this appears to be the case. Tom Moore, Fire District Treasurer, pointed out that the water company could be moved to another division after 2 years.

Kevin North, President of the Fire District, suggested that there is no material difference between this application and the last application for which 3,200 citizens signed a petition disapproving the proposal. He listed the critical issues as (1) local control and accountability, (2) ability to control the destiny of this water and land asset, (3) and potential cost issues depending on whether the northern division is limited to Simsbury. He pointed out that these issues effect the Fire District and the taxpayers.

Mr. North stated that the Fire District took up the charge on behalf of the citizens of Simsbury and if the Town feels there should be an operation under a sewer and water authority that would be fine with the Fire District. He noted that the Fire District Board runs a $1.9 million business and they have engaged consultants to provide legal, engineering and operational information. Mr. North stated that the DPUC should deny this application and the Town or the Fire District should undertake a position to give the shareholders an equal outcome, and give the citizens the advantages of a local water company. He requested that the BOS pass a resolution for denial of the application and present it to the DPUC.

Mr. Romano read a letter to the DPUC from Mr. Mandell (Addendum 3).

Mr. North noted an October 26, 1999 letter from Ms. Glassman stating that the BOS is seeking a legal course to support the Fire District purchase. He stated that the Fire District has not seen any support from the Town's legal counsel. Mr. North stated that the Fire District has the financial wherewithal to purchase the water company, and the cash flow to address needed improvements. He noted that technological support is available from suppliers who can handle certain aspects of managing the water company. Mr. Moore suggested that costs will increase in 2 years because the purchase price of $6.5 million, which is currently returning 1.2% before payment to shareholders, doesn't make economic sense.

Mr. DeCrescenzo discussed the DPUC process and suggested that the BOS have the benefit of the responses from the Public Hearing before considering a resolution. Ms. Mielert addressed her list of concerns regarding this purchase (Addendum 4). She expressed her concern that a vote to oppose this proposal would mean an agreement for the Town to purchase the water company. Ms. Mielert stated her concern that a purchase by the Fire District would effect the Town's bond rating and bond capacity, noting that the Town has an unprecedented list of capital expenditures coming forward. She suggested that an additional $7 million bonded project will make a difference to Moody's since one reason the Town was not granted a Aaa rating was due to their long capital project list. Ms. Mielert noted that $162,000 in tax revenue would be lost to the Town if the Fire District purchased the water company.

Mr. Vincent questioned whether the Town would provide the financial backing for the Fire District to purchase the water company. Mr. DeCrescenzo stated that Connecticut law allows a district to issue bonds based on fees from revenues of assets being acquired. He stated that the assets of the district would be pledged against the loan and the Town would only be liable if the they took over the operation due to default. Mr. North stated that the Fire District has the authority to tax and there is more than enough cash flow from the Village Water Company to service the debt on the bonds. He pointed out that capital projects, such as the high school, do not have a revenue stream to offset the cost. Mr. Vincent questioned the cost increase for outside management and technical services for the water company. Mr. North stated that indications are that the operating costs would decrease by $100,000.

Mr. Romano asked what the next step would be if the DPUC denies this application? Mr. North stated that the Fire District would commence meetings with the Village Water Company to enter into a contract to purchase the water company under the same terms as this contract.

Mr. DeCrescenzo addressed the process the DPUC will follow after tomorrow's Public Hearing. He anticipated that the DPUC would make their decision by July.

Ms. Gilkey expressed her concern that lose of control of public water will impact interest in commercial development and therefore impact economic development. She pointed out that part of the attraction would be to offer good water at a low rate. Mr. North stated that the Village Water Company is the lowest cost Class A water utility in Connecticut. He stated that Simsbury enjoys the benefit of a very low water rate and the rate will be at risk if this transaction is approved. Mr. North expressed his concern that the promises in the application will not be kept over the long term and suggested that this is obviously a strategic investment on the part of BHC.

7. APPOINTMENTS AND RESIGNATIONS

a. Appointment of Peter N. Ingvertsen to Public Safety Subcommittee (Shull vacancy) for Term to Expire December 2001

Mr. Vincent moved to appoint Peter N. Ingvertsen to the Public Safety Subcommittee (Shull vacancy) for a term to expire in December 2001. The motion was seconded by Ms. Gilkey and carried unanimously.

8. SUBCOMMITTEE REPORTS

a. Public Safety: No report.

b. Finance: No report.

c. Welfare: No report.

d. Personnel: No report.

9. LIAISON REPORTS

None.

10. APPROVAL OF MINUTES

a. February 14, 2000 Regular Meeting

Ms. Gilkey moved to approve the minutes of the February 14, 2000 Regular Meeting. The motion was seconded by Mr. Vincent and carried unanimously.

b. February 15, 2000 Budget Workshop

Mr. Romano moved to approve the minutes of the February 15, 2000 Budget Workshop. The motion was seconded by Mr. Vincent and carried unanimously.

c. February 16, 2000 Budget Workshop

Ms. Gilkey moved to approve the minutes of the February 16, 2000 Budget Workshop. The motion was seconded by Mr. Vincent and carried unanimously.

d. February 17, 2000 Special Meeting

Mr. Vincent moved to approve the minutes of the February 17, 2000 Special Meeting. The motion was seconded by Mr. Romano and carried unanimously.

e. February 17, 2000 Budget Workshop

Ms. Gilkey moved to approve the minutes of the February 17, 2000 Budget Workshop. The motion was seconded by Mr. Vincent and carried unanimously.

11. EXECUTIVE SESSION

a. Proposed High School Site Selection

Mr. Vincent moved to enter Executive Session at 9:38 p.m., to include Mr. Sawitzke, Mr. DeCrescenzo, Mr. O'Neill, Ms. Wright and Dr. Townsley. The motion was seconded by Mr. Romano and carried unanimously.

The Board of Selectmen came out of Executive Session at approximately 11:00PM and took the following action.

Mr. Romano moved to purchase the Rice Property in Tariffville; to authorize the First Selectman to execute appropriate closing documents for said purchase; and refer the proposed purchase to the Planning Commission pursuant to Connecticut General Statutes Section 8-24. The motion was seconded by Ms. Gilkey and carried unanimously.

Mr. Romano moved to purchase development rights on the Hall property on Terry's Plain Road; to authorize the First Selectman to execute appropriate closing documents for said purchase; and to refer the proposed purchase to the Planning Commission pursuant to Connecticut General Statutes Section 8-24. The motion was seconded by Mr. Vincent and carried unanimously.

Mr. Romano moved to adjourn the meeting at approximately 11:06PM. The motion was seconded by Mr. Vincent and carried unanimously.

Approved May 8, 2000