Simsbury, CT - Board of Selectmen Minutes

BOARD OF SELECTMEN

1. CALL TO ORDER

The regular meeting of the Board of Selectmen was called to order at 7:30 P.M. in the Main Meeting Room of the Simsbury Town Offices. Present were First Selectman Thomas Vincent, Board Members Joel Mandell, Madeleine Gilkey, William Garrity, John Romano and Anita Mielert, Assistant to the First Selectman Brandon Robertson, Town Engineer Richard Sawitzke, Director of Culture Parks & Recreation Gerard Toner and other interested parties.

2. AMENDMENTS TO AGENDA

Mr. Garrity made a motion seconded by Mr. Mandell and passed unanimously to consider item f under 2. FINANCE before item e.

Mr. Mandell made a motion seconded by Ms. Gilkey and passed unanimously to add correspondence from the Simsbury Rotary Club to the agenda as item d under 3. RECREATION.

Mr. Garrity made a motion seconded by Mr. Mandell and passed unanimously to add the resignation of Kathleen Day from the Economic Development Commission as item c under 6. RESIGNATIONS AND APPOINTMENTS, and to change item c to item d, and item d to item e.

3. RESPONSE TO PUBLIC AUDIENCE OF February 25, 2002

First Selectman Vincent responded to concerns addressed by Ms. Coe at the February 25, 2002 meeting stating that he has met with Lisa Boyle of Cummings & Lockwood to address the issues concerning ENO Farms low-income housing; that the sawhorses in the parking lot prevent idling vehicles from parking in front of the vent located on the side of building and that funds have been allocated in the 2002/2003 Operating Budget to address this issue; that the Life Guard position at Town Forest was eliminated three years ago and no funds are available to reinstate this position; and that concerns regarding the Board of Education Operating Budget should be addressed to Dr. Joseph Townsley.

4. PUBLIC AUDIENCE

Joan Coe, 26 Whitcomb Drive, read a written statement regarding her concerns about the variance granted by the Zoning Board of Appeals for 10 Winslow Place; the use of the gravel parking area on Nod Road as a temporary staging and storage area for Mohawk Northeast; the boilers in Town Hall; the High School expansion/renovation; and class sizes.

Board of Selectmen

Lawrence Boardman, 22 Adams Road, expressed his thanks to Director of Community Planning and Design William Voelker, Town Engineer Richard Sawitzke and the offices of the Assessor and of the Town Clerk for their cooperation in bringing a request to remove the "future road access" note on the "Plan of re-subdivision, land owned by William W. Berman, Trustee."

5. STATE OF THE TOWN

Assistant to the First Selectman Brandon Robertson reviewed the State of the Town highlighting Budget Updates for Town Government and the Board of Education, the April 1, 2002 budget workshop of the Board of Finance, the Board of Finance Public Hearing scheduled for April 2, 2003, the Annual Town Meeting scheduled for May 7, 2002 pending approval of the Board of Selectmen, and the Referendum scheduled for May 21, 2002; Recreation; Public Works; Social Services; Police Department activities; Engineering; and upcoming Library events.

6. CORRESPONDENCE

a. Review and act on request to utilize Town property for the St. Mary Spring Carnival

Mr. Sawitzke reviewed the request for the use of Simsbury Meadows on Iron Horse Boulevard for the 2002 St. Mary Spring Carnival stating the event is to be held on the gravel parking area, some grassy areas surrounding the parking lots and grassy areas near the red barn. In response to Mr. Garrity's question and Mr. Mandell's concerns, Mr. Sawitzke said there would be a Public Gathering Permit meeting to work out traffic, parking, safety, etc.

After discussion Mr. Garrity made a motion, seconded by Mr. Romano and passed unanimously to approve the request to utilize Town property for the St. Mary Spring Carnival during the period of May 21, through May 25, 2002.

b. Review and act on request by Farmington Valley Trails Council to utilize land owned by the Town for an upcoming event.

Mr. Adolph Fusco, Vice President Farmington Valley Trails Council reviewed the Council's request to hold its primary annual fund-raising event, Trails-in-Motion, at the Iron Horse Boulevard parking lot. Mr. Fusco said they estimate there will be 100 to 200 participants; that bicyclists will ride predetermined routes; skaters,

Board of Selectmen

runners and walkers will stay on the Trail; a tent will serve as shelter; and starting times will be staggered. In response to Mr. Romano's questions, Mr. Fusco said that the event is scheduled for October 5th, and Mr. Vincent said the event would be subject to a Public Gathering Permit. Ms. Mielert thanked the Council for the advocacy and support of the Trail and efforts to increase public use of the Trail.

After discussion, Ms. Gilkey made a motion, seconded by Mr. Mandell and passed unanimously to approve the request of the Farmington Valley Trails Council to utilize land owned by the Town for their annual fund-raising event on October 5, 2002.

a. Review and act on correspondence from the Tax Collector regarding tax refunds

Mr. Garrity made a motion, seconded by Ms. Gilkey and passed, with Ms. Mielert abstaining, to approve the tax refunds in the amount of $2,883.13 for the period of March 1, 2002 to March 25, 2002 per memorandum to the Board of Selectmen from the Tax Collector dated March 19, 2002.

b. Review and act on correspondence from the Police Chief & Finance Director regarding a request for a supplemental appropriation

First Selectman Vincent said that the request to replace soft-body armor had been discussed at the February 11, 2002 meeting and referred to Finance Director Kevin Kane for review. Mr. Kane recommended that the replacement of soft body armor be funded by a supplemental appropriation from Reserves pursuant to Section 908 (a) of the Charter in the amount of $20,900.

Mr. Mandell made a motion, seconded by Mr. Garrity to fund the replacement of soft body armor by a supplemental appropriation from Reserves pursuant to Section 908 (a) of the Charter in the amount of $20,900.

In response to Mr. Garrity's question, Mr. Vincent said that the price to the Town after the partial refund from the State Grant would be $10,000.

Mr. Mandell and Ms. Mielert spoke in support of the transfer and the "wisdom" of pursuing grants. After discussion the motion passed unanimously.

Board of Selectmen

c. Review, discuss and act on the establishment of a Special Revenue Fund to account for a $150,000 grant from the State

First Selectman Vincent informed the Board that the Town had received a grant in the amount of $150,000 to fund a study for the future development of Simsbury Meadows and the balance used for the acquisition and installation of the band shell, and that Finance Director Kane advised that a Special Revenue Fund should be established to account for these funds.

Mr. Mandell made a motion seconded by Ms. Gilkey to establish the Simsbury Meadow Band Shell Fund.

In response to Ms. Mielert's questions, Mr. Sawitzke said the landscape architects are Ferrero Hixon Associates. Mr. Vincent said that the entire project, not only the band shell, is being taken into consideration.

After discussion, the motion passed unanimously.

d. Review and approve legal language for Fiscal Year 02-03 proposed Capital Projects

Mr. Vincent introduced the following resolution, which was seconded by Mr. Mandell. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $43,178,567 for design and construction of additions and alterations to Simsbury High School so that the school will accommodate approximately 1,700 students, including the addition of approximately 100,000 square feet for instructional space, a media center, art rooms, science laboratories, physical education facilities and cafeteria expansion, together with certain renovations to existing facilities and that the Town issue bonds or notes and temporary notes in an amount not to exceed $43,178,567 to finance the appropriation.

The resolution was approved unanimously.

Mr. Vincent introduced the following resolution, which was seconded by Ms. Gilkey. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $26,840,083 for expansion and improvements to the sewer treatment plant to increase capacity from an average annual daily flow of 2.85 mgd to an average annual daily flow of 3.84 mgd and to make a variety of additional improvements; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $26,840,083 to finance the appropriation.

Board of Selectmen

The resolution was approved unanimously.

Mr. Mandell introduced the following resolution, which was seconded by Mr. Garrity. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $1,000,000 for the purchase of development rights and acquisition of land for open space and municipal purposes as determined by the Board of Selectmen after approval by the Board of Finance and the Planning Commission pursuant to C.G.S. Section 8-24; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $1,000,000 to finance the appropriation and that the term of the bonds or notes not exceed ten years.

In response to Ms. Mielert's question, Mr. Vincent said that the Board of Finance had approved the language as written in the resolution. Ms. Mielert stated her concern that the Board of Selectmen and the Board of Finance work together to "hammer out the details."

After discussion the resolution was approved unanimously.

Mr. Mandell introduced the following resolution, which was seconded by Ms. Gilkey. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $500,000 for infrastructure improvements needed for the completion of economic development projects, including roads and road improvements, sewers, drainage, and traffic control devices or signals. The infrastructure improvements shall be determined by the Board of Selectmen after approval by the Board of Finance and the Planning Commission pursuant to C.G.S. Section 8-24 and any sewers shall be approved by the Water Pollution Control Authority after a public hearing pursuant to C.G.S. 7-247a; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $500,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved unanimously.

Mr. Romano introduced the following resolution, which was seconded by Mr. Mandell. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $135,000 for replacement and/or expansion of computer network servers for the Simsbury school system, to the extent of available funds; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $135,000 to finance the appropriation and that the term of the bonds or notes not exceed ten years.

Board of Selectmen

The resolution was approved unanimously.

Mr. Romano introduced the following resolution, which was seconded by Mr. Garrity. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $340,000 for the addition of three modular classrooms at Simsbury High School and two modular classrooms at Tootin' Hills School, to the extent of available funds; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $340,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved unanimously.

Ms. Mielert introduced the following resolution, which was seconded by Mr. Romano. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $250,000 for flooring replacement at various locations within six of the Town's schools (the elementary schools and middle school), to the extent of available funds, including asbestos floor tile removal, tile and/or carpet replacement and stair tread replacement; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $250,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved unanimously.

Ms. Mielert introduced the following resolution, which was seconded by Ms. Gilkey. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $220,000 for window replacement, door replacement and new window treatments in sections of the Town's five elementary schools, to the extent of available funds; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $220,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved unanimously.

Ms. Gilkey introduced the following resolution, which was seconded by Mr. Garrity. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $230,000 from the Sewer Assessment Fund for the design and construction of sanitary sewers, including the installation of sanitary sewer mains and related laterals and appurtenances and the rehabilitation of existing sewer lines. The sewers to be constructed shall be determined by the Water Pollution Control Authority after a public hearing pursuant to C.G.S. 7-247a and approval by the Planning Commission pursuant to C.G.S. Section 8-24.

Board of Selectmen

The resolution was approved unanimously.

Ms. Gilkey introduced the following resolution, which was seconded by Ms. Mielert. RESOLVED, that the Board of Selectmen recommends that the Town of Simsbury appropriate $200,000 for improvements to various town parks including Town Forest Park, Tariffville Park, West Mountain Park, Weatogue Park, Memorial Park and Simsbury Meadows, to the extent of available funds; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $200,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved unanimously.

f. Set date, hour and place of Annual Town Meeting pursuant to Section 502 of the Town Charter (Tuesday, May 7, 2002 at 7:30 P.M. in Simsbury High School Auditorium)

Mr. Garrity introduced the following resolution, which was seconded by Ms. Mielert. RESOLVED, that pursuant to Section 909 of the Charter, the Board of Selectmen calls the Annual Town Meeting for consideration of the budget to be held on the first Tuesday of May, May 7, 2002 at 7:30 P.M. in the Simsbury High School Auditorium, 34 Farms Village Road.

The resolution was approved unanimously.

e. Review and approve Legal Notice for Special Town Meeting

Mr. Mandell introduced the following resolution, which was seconded by Ms. Gilkey. RESOLVED, that pursuant to Section 509 of the Charter, the Board of Selectmen calls a Special Town Meeting for Tuesday, May 7, 2002 immediately following the Annual Budget Meeting scheduled for 7:30 P.M. in the Simsbury High School Auditorium, 34 Farms Village Road, to consider and act upon resolutions as outlined in the Notice of Special Town Meeting, which is attached to these Minutes as Appendix "A", which notice is hereby approved.

The resolution was approved unanimously.

g. Set date, hour and place of Automatic Referendum on Annual Town Budget and Capital Projects pursuant to Section 506 of the Town charter (Tuesday, May 21, 2002 6 A.M. - 8 P.M. Henry James Middle School)

Board of Selectmen

Mr. Romano introduced the following resolution, which was seconded by Ms. Mielert. FURTHER RESOLVED,

(a) That pursuant to Section 506 of the Charter the resolution under items 1 and 2 of the Notice of Special Town Meeting, regarding appropriations and bond and note authorizations for design and construction of additions and alterations to Simsbury Highs School and expansion and improvements to the sewer treatment plant shall be submitted to the voters in the manner provided by said Section on May 21, 2002, between the hours of 6:00 A.M. and 8:00 P.M.

(b) The resolutions shall be placed upon the voting machines or paper ballots under the following headings:

"SHALL THE TOWN OF SIMSBURY APPROPRIATE $43,178,567 FOR DESIGN AND CONSTRUCTION OF ADDITIONS AND ALTERATIONS TO SIMSBURY HIGH SCHOOL AND AUTHORIZE BONDS AND NOTES IN THE SAME AMOUNT TO FINANCE SAID APPROPRIATION?"

"SHALL THE TOWN OF SIMSBURY APPROPRIATE $26,840,083 FOR EXPANSION AND IMPROVEMENTS TO THE SEWER TREATMENT PLANT AND AUTHORIZE BONDS AND NOTES IN THE SAME AMOUNT TO FINANCE SAID APPROPRIATION?"

Voters approving any said resolution will vote "Yes" and those opposing any said resolution shall vote "No".

Electors and people qualified to vote in town meetings who are not electors will vote at:

Henry James Memorial Junior High School Gymnasium

155 Firetown Road, Simsbury, Connecticut.

Absentee ballots will be available from the Town Clerk's office.

The resolution was approved unanimously.

Board of Selectmen

a. Review and act on proposed fee schedule for Simsbury Farms Golf Course

In response to Mr. Romano's question, Mr. Toner said that as a part of the process for establishing fees, a survey is taken regarding fees of ten area courses both municipal and privately owned public courses, and that the fees are in line and competitive with other courses in the area.

Mr. Mandell made a motion, seconded by Ms. Gilkey and passed unanimously to approve the fee schedule for Simsbury Farms Golf Course.

b. Review and act on recreation fees

Mr. Mandell made a motion, seconded by Ms. Gilkey and passed unanimously to approve the annual recreation fees.

c. Review and act on proposed resolution regarding proposed agreement between Simsbury-Granby Rotary Club and the Town for the construction and subsequent conveyance of a boundless playground

Mr. Sawitkze said that the playground is a handicapped accessible facility similar to the one at Simsbury Farms and that it will be located on a portion of the Simsbury Meadows property.

In response to the Board's concerns regarding location and safety, Mr. Sawitzke said the plan would have to go to the Zoning Commission for Site Plan Modification Approval and possibly to the Conservation Commission/Inland Wetlands Agency.

Mr. Romano and Ms. Mielert said they would like to review the site plan.

Mr. Mandell introduced the following resolution (second paragraph amended as indicated in bold type), which was seconded by Mr. Romano.

WHEREAS, The Rotary Club of Simsbury-Granby has secured partial funding for the construction of a Boundless Playground and that additional fund raising activities are currently underway; and

Board of Selectmen

WHEREAS, It is proposed that this Boundless Playground will be located at Simsbury Meadows "The Site" in accordance with a site plan to be submitted to the Board of Selectmen and approved by the appropriate land-use boards and commissions; and

WHEREAS, The Town of Simsbury supports the goals of the Boundless Playground Grant Program and the efforts of the Rotary Club of Simsbury-Granby and will provide the Rotary Club of Simsbury-Granby with assistance in the preparation of the site for construction; and

WHEREAS, Upon the completion of the required site-work, and with the approval of the appropriate Town Staff, Boards and Commissions, and the execution of the agreement resulting from this resolution, the Rotary Club of Simsbury-Granby will enter Town property with the purpose of constructing the Boundless Playground; and

WHEREAS, Upon the completion and proper inspection of the Boundless Playground, the Rotary Club of Simsbury-Granby will convey the completed Boundless Playground, which meets all requirements of the Town, as certified by the appropriate Town Staff, to the Town of Simsbury and that, upon acceptance the Town will become responsible for the ongoing maintenance of the playground

NOW THEREFORE BE IT RESOLVED, this 25th day of March, 2002 that the Board of Selectmen hereby authorizes the First Selectman, Thomas E. Vincent, to enter into the necessary agreement with the Rotary Club of Simsbury-Granby to allow the Town to assist with the preparation of the site for the construction of the Boundless Playground and, upon completion as certified by appropriate Town Staff, to allow for the acceptance of the playground.

The resolution was approved unanimously.

First Selectman Vincent thanked Christopher Drew and K. Prasad Menon for their efforts on behalf of the project.

d. Review and act on request from the Simsbury-Granby Rotary Club to use Town Property for the River Run scheduled for April 28, 2002

Mr. Mandell made a motion, seconded by Ms. Gilkey and passed unanimously to approve the request from the Simsbury-Granby Rotary Club to use Town Property for the River Run scheduled for April 28, 2002.

Board of Selectmen

a. Review and act on correspondence from the Town Engineer requesting that a contractor involved in a State project be permitted to utilize the gravel parking area on Nod Road as a temporary staging and storage area

In response to Mr. Mandell's question, Mr. Sawitzke said that this request will go to the Wetlands Agency for a permit to govern actual use and the use will be temporary not to exceed 18 months. In response to Mr. Romano's question, Mr. Sawitzke said that no spillage was expected and other aspects would be monitored by the DOT and DEP.

Ms. Mielert made a motion, seconded by Ms. Gilkey and passed unanimously to approve the request for Mohawk Northeast to use the gravel parking area on Nod Road as a temporary staging and storage area.

b. Review and act on correspondence from the Town Engineer requesting that a contract exceeding $5,000 be awarded to a contractor that did not submit the lowest bid

Ms. Mielert made a motion, seconded by Mr. Mandell to approve the request to award the contract for Project 128-133, Greenway crossing of Route 315 be awarded to Airway Electric.

Mr. Sawitzke recommended that the contract be awarded to Airway Electric, even though their bid was seven dollars over the only other bid, which was received from Gagnon, Inc. because of the proximity of the company to the project and the firm's involvement and familiarity with the signals in Simsbury.

The motion passed with Mr. Garrity abstaining.

c. Review, and possibly refer to Planning Commission according to CGS Sec. 8-24, correspondence from the Town Engineer requesting that the "future road access" note on a parcel located on Adams Road be removed

Mr. Romano made a motion, seconded by Ms. Gilkey to refer the request that the "future road access" note be removed from the plan of town-owned land located on Adams Road.

Board of Selectmen

In response to Mr. Mandell's question, Mr. Sawitzke said that the request is only to eliminate the designation on the original sub-division map, which stated "future road access," and not to be construed as "abandonment."

Review and act on recommended appointment to the position of Assistant Registrar of Vital Statistics in the Town Clerk's Office

Mr. Garrity made a motion, seconded by Ms. Gilkey and passed unanimously to approve Anita Schwager's appointment to the position of Assistant Registrar of Vital Statistics.

11. RESIGNATIONS AND APPOINTMENTS

a. Resignation of Steven Ossias from the Design Review Board

Mr. Garrity made a motion, seconded by Mr. Romano and passed unanimously to accept the resignation of Steven Ossias from the Design Review Board.

b. Resignation of Vincent Kraft from the Board of Ethics effective April 30th

Mr. Garrity made a motion, seconded by Ms. Gilkey and passed unanimously to accept the resignation of Vincent Kraft from the Board of Ethics effective April 30th.

c. Resignation of Kathleen Day from the Economic Development Commission

Mr. Garrity made a motion, seconded by Mr. Romano and passed unanimously to accept the resignation of Kathleen Day from the Economic Development Commission.

d. Re-appointment of Heidi Meissner to the Recycling Committee

Mr. Romano made a motion, seconded by Mr. Garrity and passed unanimously to approve the re-appointment of Heidi Meissner to the Recycling Committee.

e. Appointment of Scott Barnett to the Economic Development Commission to fill the Kathleen Day vacancy

Board of Selectmen

Ms. Gilkey made a motion, seconded by Mr. Garrity and passed unanimously to approve the appointment of Scott Barnett to the Economic Development Commission.

12. SUB-COMMITTEE REPORTS

Public Safety - Mr. Garrity reported that the Public Safety Committee would be holding a disaster preparedness tabletop exercise on March 28th.

13. MISCELLANEOUS

Review guidelines for Hometown Hero Program

First Selectman Vincent reviewed the timetable for the program stating that nominations would be accepted by the Office of the First Selectman from March 25 through April 25, 2002; that the Selection Committee would vote on the nominations and the presentation would be made at the Board of Selectmen's meeting on May 13, 2002.

14. APPROVAL OF MINUTES

Ms. Mielert made a motion to approve the minutes of the February 25, 2002 regular meeting with the following correction: page 3, VII. Planning and Conservation - Connecticut Historical Society should read Connecticut Historical Commission. The motion was seconded by Mr. Mandell and passed with Mr. Garrity abstaining.

Mr. Garrity made a motion, seconded by Mr. Mandell and passed unanimously to approve the minutes of the Budget Workshop Meeting of February 26, 2002.

15. ADJOURNMENT TO EXECUTIVE SESSION

Mr. Garrity made a motion, seconded by Ms. Mielert and passed unanimously to adjourn to executive session at 9:00 P.M. to discuss matters of pending litigation.

All of the members of the Board of Selectmen were present at the Executive Session. Town Attorney, Robert DeCrescenzo and Assistant to the First Selectman, Brandon Robertson, were also in attendance.

Thomas Vincent made a motion to adjourn the Executive Session at 9:27 p.m. The motion passed unanimously.

Deputy First Selectman, Joel Mandell, made a motion to authorize the First Selectman to execute the Stipulation of Judgment with the Wadsworth Atheneum Museum of Art and the Abigail Phelps Chapter of the Daughters of the American Revolution, Inc. as presented by Counsel. William Garrity seconded this motion. The motion passed unanimously.

Anita Mielert made a motion authorizing the First Selectman to sign the term sheet with the Town of Granby, which outlines the understandings of the Towns of Simsbury and Granby concerning the proposed improvements to Simsbury’s Waste Water Treatment Plant. William Garrity seconded this motion. The motion passed unanimously.

Anita Mielert made a motion to adjourn the meeting at 9:30 p.m. The motion was passed unanimously.

Respectfully submitted,

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