Simsbury, CT - Board of Selectman Minutes

The regular meeting of the Board of Selectmen was called to order at 7:34 P.M. in the Main Meeting Room of the Simsbury Town Offices. Present were First Selectman Thomas Vincent, Board Members William Garrity, Madeleine Gilkey, Anita Mielert and John Romano. Assistant to the First Selectman Brandon Robertson and other interested parties were also present.

First Selectman Vincent asked that the following items be added to the agenda and that the order of a number of the items on the agenda be changed. The changes and additions are as follows:

Request to add item d under section 5 for the reappointment of Melvin Cote to the Simsbury Housing Authority

Mr. Garrity made a motion, second by Ms. Gilkey and passed unanimously to add the reappointment of Melvin Cote to the Simsbury Housing Authority to the agenda.

Request to consider agenda item 6c after the proclamation of the National Red Ribbon Ceremony

Mr. Garrity made a motion, second by Ms. Gilkey and passed unanimously to consider item 6c after the National Red Ribbon Ceremony Proclamation.

Request for a presentation by Sarah Floroski of the Simsbury Main Street Partnership to follow the presentation by the Historical Society

Ms. Gilkey made a motion, second by Mr. Garrity and passed unanimously to add the presentation by the Simsbury Main Street Partnership to the agenda.

Request to add an agenda item to approve the designation of the Boundless Playground at the Simsbury Meadows as Rotary Park, a Boundless Playground, and to authorize the First Selectman to submit a Site Plan Approval Application to the Zoning Commission for the approval of a sign

Mr. Garrity made a motion, second by Ms. Gilkey and passed unanimously to add this item to the agenda.

Mr. Vincent noted that Deputy First Selectman, Joel Mandell, was not able to attend the meeting. Mr. Vincent stated that Mr. Mandell had submitted a memorandum dated October 16^th regarding the meeting. Mr. Vincent requested that Mr. Mandells letter be made an addenda to the minutes (Addendum 1).

Board of Selectmen

October 16, 2002

RESPONSE TO PUBLIC AUDIENCE

First Selectman Vincent responded to comments made by Ms. Joan Coe during the public audience portion of the Board of Selectmen meeting held on September 23^rd. Mr. Vincent stated that a number of vehicles in the Highway Department do have air conditioning. Some vehicles do not have air conditioning due to purchase price considerations and the cost of on-going maintenance. The Town Engineer/Director of Capital Projects and the Building Official are working to resolve the boiler permit issue. The State of Connecticut has inspected the boiler and approved of its operation. Additionally, the boiler has been added to the Towns Statement of Values for insurance coverage. Dumping behind Andys Market Plaza has been addressed. Signs have been installed. Mr. Vincent noted that the Human Resources Director has conducted herself in a highly professional manner while discharging her duties. At the September 23^rd meeting, Ms. Coe raised concerns regarding the practice of allowing members of boards and commissions that were not present at meetings to vote on the minutes of those meetings. Mr. Vincent noted that the Town Attorney has written an opinion on the issue and that the opinion was sent to the chairpersons of all of the Towns boards and commissions.

Simsbury resident, Helen Peterson, expressed concerns regarding agenda item number four. Ms. Peterson stated that this property was acquired through the Towns open space program. Ms. Peterson stated that it was intended that this property would be used as a green pocket in Tariffville. Ms. Peterson noted that there were discussions concerning the establishment of parking at the site at the time the purchase was under consideration. Ms. Peterson would like to know the following: Whose idea was it to issue a request for proposals for the property? Why was it considered in that manner? Why was the Open Space Committee not informed or included in the decision? Mr. Vincent stated that those questions would be addressed during the relevant portion of the meeting. Mr. Vincent stated that Ms. Peterson would be allowed to pose those questions and ask additional questions at that time.

Simsbury resident, Joan Coe, noted that the Freedom of Information Commission has recently issued a ruling that the Town of Simsbury must release a personnel and organization review, performed by an outside consultant; Ms. Coe recommended a Town Manager; Ms. Coe urged the Board not to approve the sale of the property at 31 Main Street in Tariffville and reviewed her reasons for this recommendation; stated that the recent editorial in the Hartford Courant concerning environmental conditions in the Town Offices is inconsistent with the findings in the recent environmental report; noted that Workers Compensation is only afforded to one employee and stated that a board

Board of Selectmen

October 16, 2002

certified physician has concluded that the environment in the Police Department is harmful; Ms. Coe noted the issue regarding alcohol at the Simsbury Farms Complex; Ms. Coe noted that the Paines Inc., is in violation of the Eno Trust; Retirement contributions in both the BOE and the Town are lower because of lower investment income; Ms. Coe noted that the self-insurance fund has not been out to bid in five years and that an RFP should be issued.

Board of Selectmen member, Anita Mielert, addressed the public regarding the recent decision of the Freedom of Information Commission ordering disclosure of the organization and staffing and review. Ms. Mielert expressed her concern that the fact that the report was not released hindered her ability to make informed decisions as an elected official. Ms. Mielert noted that Town has incurred significant attorneys fees in regards to this claim and may incur additional expenses if the First Selectman appeals the decision of the Freedom of Commission to the Superior Court.

STATE OF THE TOWN

Mr. Vincent requested that Assistant to the First Selectman, Brandon Robertson, report on the State of the Town. Mr. Robertson provided a number of updated concerning various activities in the Town: the Wastewater Treatment Plant Expansion Project is progressing according to schedule and an application for grants and loans through the Clean Water Fund has been submitted to the State for consideration; the High School renovation and expansion project is progressing according to schedule and the Public Building Committee will hold a special meeting shortly; the Eno Memorial Hall air conditioning project will be advertised shortly and responses to the request for proposals will be due no later than October 30, 2002; the Town Clerk requested that a number of dates concerning the upcoming election be announced; Mr. Robertson noted that the asphalt on Crane Place will be re-graded and re-paved the week of October 21^st; leaf collection will begin shortly; Simsbury Public Library made the list as one of the Nations top 100 public libraries. Simsbury Public Library was ranked 9^th out of 1,700 libraries and 42^nd out of all 9,000 public libraries in the country; Applications are being accepted for various positions and those interested parties can contact the Towns Director of Human Resources for more information.

PROCLAMATION FOR NATIONAL RED RIBBON CELEBRATION

Mr. Vincent requested that selectman John Romano read the resolution declaring the week of October 21^st as National Red Ribbon Celebration Week (Addendum 2). Mr. Vincent made a motion to approve the resolution as read by Mr. Romano. Ms. Gilkey moved that the resolution be approved and Mr. Garrity seconded the motion. All were in favor.

Board of Selectmen

October 16, 2002

PRESENTATION BY THE SIMSBURY HISTORICAL SOCIETY AND REQUEST TO UTILIZE TOWN PROPERTY FOR AN EVENT TO BE HELD ON MEMORIAL DAY WEEKEND 2003

Dawn Bobryk, representing the Simsbury Historical Society, presented a proposal in conjunction with a representative of the Simsbury Public Library. The Historical Society is sponsoring a revolutionary war re-enactment that will take place over Memorial Day Weekend in 2003. The event will be entitled Simsbury Muster. Ms. Bobryk noted that the main encampment will be at the Phelps Museum. Ms. Bobryk, noted that the Historical Society requests the use of the Town property located at Simsbury meadows for various marching exercises. In addition, Ms. Bobryk noted that the Simsbury Public Library will be hosting programs that compliment the event. Ms. Bobryk stated that there will be an opportunity for donations and that there will be no charge for the event.

Ms. Mielert made a motion to grant permission to the Historical Society for the use of the Simsbury Meadows for the above purpose for May 24^th and 25^th, 2003. This motion was seconded by Ms.Gilkey and all were in favor.

PRESENTATION BY SARAH FLOROSKI, EXECUTIVE DIRECTOR OF THE SIMSBURY MAINSTREET PARTNERSHIP

Ms. Sarah Floroski, Executive Director of the Simsbury Mainstreet Partnership, informed the Board of Selectmen about the Downtown Universal Main Street Certificate Program. Ms. Floroski stated that these certificates will be available at a variety of downtown merchants. Ms. Floroski stated that Main Street is beginning to sign merchants up for the program. Ms. Floroski stated that she is working to have the program in place prior to Thanksgiving.

REVIEW AND POSSIBLE APPROVE THE DESIGNATION FO THE BOUNDLESS PLAYGROUND AT THE SIMSBURY MEADOWS AS ROTARY PARK, A BOUNDLESS PLAYGROUND, AND ATHORIZE THE FIRST SELECTMAN TO SUBMIT A SITE PLAN APPROVAL APPLICATION TO THE ZONING COMMISSION FOR THE APPROVAL OF THE SIGN

Mr. Vincent noted that Town Engineer/Director of Capital Projects is available to answer questions regarding this issue. Mr. Vincent noted that the sign has been approved by the Design Review Board. Mr. Vincent requested a motion designating the Boundless Playground located at Simsbury Meadows as Rotary Park, a Boundless Playground, and authorizing the First Selectman to submit a Site Plan Approval Application to the Zoning Commission for approval of the sign as depicted on the drawing distributed at the start of the meeting. Mr. Romano moved the motion and Ms. Gilkey seconded the motion. Ms.

Board of Selectmen

October 16, 2002

Mielert noted that the project is coming along wonderfully. All members of the board were in favor of the motion and it was passed unanimously. Mr. Vincent thanked the members of the Rotary Club, on behalf of the Board of Selectmen , for all of the work that had gone into the project. Mr. Vincent noted that the grand opening of the park will be on October 19^th and that all are invited.

REVIEW AND ACT ON CORRESPONDENCE FROM THE TAX COLLECTOR REGARDING TAX REFUNDS

Mr. Vincent requested a motion to approve the tax refunds as outlined in a memo from the Tax Collector. Mr. Vincent noted that the total amount of the tax refunds is $4,701.05. Madeleine Gilkey made a motion for acceptance and Mr. Romano seconded the motion. All were in favor.

REVIEW AND POSSIBLY ACT ON A REQUEST FROM THE DIRECTOR OF CULTURE PARKS AND RECREATION TO INCREASE FEES CHARGED AT THE SIMSBURY FARMS ICE RINK FOR THE FY 02-03 SEASON

Mr. Vincent requested a motion approving the proposed fee increases at the Simsbury Farms Ice Rink as outlined in a memo from the Director of Culture, Parks and Recreation. Mr. Garrity made a motion, seconded by Ms. Gilkey to accept the fee increases as proposed. All were in favor. Ms. Gilkey noted that the increase is nominal. Mr. Romano asked how many non-residents utilize the rink. Mr. Vincent noted that approximately 75% of those utilizing the rink are residents.

REVIEW AND POSSIBLY AUTHORIZE THE FIRST SELECTMAN TO EXECUTE A LEASE AGREEMENT WITH MARTY E. PUSHKAREWICZ, d/b/a SPECIAL EVENTS FOOD SERVICE, FOR THE RESTAURANT AT THE SIMSBURY FARMS GOLF COURSE

Mr. Vincent noted that Mr. Pushkarewicz was chosen as the operator of the restaurant after a request for proposals was issued. Mr. Vincent noted that Mr. Pushkarewicz was the only respondent to the RFP and that the Director of Culture, Parks and Recreation, the Culture, Parks and Recreation Commission and the Simsbury Farms Complex Committee have reviewed the proposal and recommended its adoption. Mr. Vincent noted that Attorney DeCrescenzo has also reviewed the agreement. Mr. Vincent requested a motion authorizing the First Selectman to execute the agreement for the operation of the

Board of Selectmen

October 16, 2002

Restaurant at the Simsbury Farms Complex with Marty Pushkarewicz doing business as Special Events Food Service. Ms. Gilkey made the motion and Mr. Garrity seconded the motion.

Ms. Mielert suggested that the Town Attorney review section seven of the agreement. Ms. Mielert noted that it is her understanding that the proceeds from vending machines must be submitted to the Services for the Blind per the State Legislature. Mr. Vincent noted that the vending machine is only used to keep beverages cold and that beverages are sold over the counter. Mr. Romano suggested that the Board of Selectmen review all changes in service at the Simsbury Farms Restaurant prior to approval by the First Selectman. Mr. Romano reviewed section 5 b of the agreement and posed questions concerning the length of the season. Ms. Mielert reviewed section 5 b and noted that it is difficult to determine gross receipts in a cash business. Ms. Mielert stated that she would prefer a higher rent and no percentage contribution. Mr. Garrity suggested that the agreement be approved and that any necessary adjustments can be made at the expiration of the lease term. All were in favor of the resolution authorizing the First Selectman to execute this agreement.

REVIEW AND POSSIBLY AUTHORIZE THE FIRST SELECTMAN TO EXECUTE AN AGREEMENT WITH FARMINGTON VALLEY ARC, INC.

The First Selectman noted that members of the Board of Selectmen received a copy of a proposed agreement with Farmington Valley Arc, Inc., in their packets as well as an opinion from the Town Attorney. Mr. Vincent discussed the purpose of the agreement. Mr. Vincent requested a motion authorizing the First Selectman to enter into this agreement. Mr. Garrity made the motion. Mr. Romano seconded the motion. All were in favor.

REVIEW AND POSSIBLY AUTHORIZE THE FIRST SELECTMAN TO SUBMIT AN APPLICATION AND EXECUTE A CONTRACT WITH THE CONNECTICUT STATE LIBRARY FOR AN HISTORIC PRESERVATION GRANT

Mr. Vincent stated that the purpose of this agenda item is to authorize the First Selectman to submit an application and execute an assistance agreement with the Connecticut State Library for an Historic Preservation Grant. Mr. Vincent stated that the Town will apply for grant funds in the amount of $5,000 under the program. The funds will be leveraged with $2,332 in the current year operating budget and will be used to assist in the restoration of land records in the Town Clerks Office. Mr. Romano read a resolution

Board of Selectmen

October 16, 2002

that would authorize the First Selectman to submit an application and execute an assistance agreement with the Connecticut State Library for this grant funding (Addendum 3). Mr. Garrity seconded the motion all were in favor.

PLANNING AND CONSERVATION

REVIEW AND POSSIBLY REFER A PROPOSAL TO PURCHASE TOWN OWNED PROPERTY TO THE PLANNING COMMISSION FOR AN 8-24 REFERRAL

Mr. Vincent noted that the purpose of this item is to review and possibly refer a proposed sale of property currently owned by the Town to the Planning Commission for an 8-24 review. Mr. Vincent noted that a request for proposals for this property, located at 31 Main Street in Tariffville, was advertised in the newspaper and one response to the request was received. Mr. Vincent noted that the Planning Commission should complete its review prior to the execution of a purchase/sale agreement. Mr. Vincent requested a motion referring this proposed sale to the Planning Commission for an 8-24 review. Ms. Gilkey made the motion and Mr. Garrity seconded the motion.

Mr. Vincent introduced Town Engineer/Director of Capital Projects, Richard Sawitzke. Mr. Sawitzke noted that the property is approximately 1.04 acres. Mr. Sawitzke noted that the Request for Proposals was for .89 of the 1.04 acres. Mr. Sawitzke noted that .15 acres would be used for a park. Ms. Gilkey asked about the number of parking spaces on the site. Mr. Sawitzke stated that the response in the RFQ indicates 33 spaces.

Ms. Mielert noted that she was involved in the purchase and sale agreement whereby the Town purchased the property. Ms. Mielert noted that the purpose of the purchase was to provide additional parking and to provide relief from the dense settlement of the village. Ms. Mielert asked why this is being done so soon after purchasing the property. Additionally, Ms. Mielert asked why the direction of the Open Space Committee was not sought. Ms. Mielert noted that the Open Space Committee was instrumental in this purchase. Ms. Mielert noted that this is a prominent street corner. Ms. Mielert noted that .15 acres is small for a park. Ms. Mielert also asked if the residents of Tariffville had been consulted.

Ms. Gilkey noted that her understanding of the Open Space Committee is that the Committee is advisory and offers opinions concerning the purchase of property and not the sale of property. Ms. Gilkey noted that the sale of this parcel will add to the Towns tax base. Ms. Gilkey stated that she is in favor of economic development and that she believes that this proposal will provide green space, additional parking and tax revenue. Ms. Mielert requested the amount of tax income that the Town would realize from the

Board of Selectmen

October 16, 2002

property. Ms. Vincent stated that the income from the property for the Town would be approximately between $19,000-$24,000. Ms. Mielert noted that the citizens of Tariffville should be consulted. Mr. Vincent noted that a referral is sought this evening.

Mr. Garrity noted that the Board of Selectmen will consider this issue again prior to the execution of the agreement. Ms. Mielert suggested that the motion be amended for a referral to the Open Space Committee. Mr. Garrity noted that he spoke with the Finance Director and that he was informed that no bonded funds were used to purchase the property. Ms. Mielert asked where the funds from the sale would be deposited. A brief discussion was held concerning the use of the funds from the sale of this property and the origin of the funds used by the Town to purchase the property originally. Mr. Vincent noted that the proceeds from the sale could be deposited in the General Fund or the Open Space Fund. Ms. Mielert noted that if the proceeds from this sale are returned to the General Fund and not the Open Space Fund, she believes that the Town will be reducing the net inventory of open space and reducing the ability of the Town to replenish that inventory. Mr. Sawitzke reviewed possible options for the proceeds from the sale of the property.

Mr. Vincent recognized Simsbury resident, Helen Peterson. Ms. Peterson noted that the Trust for Public Land is currently reviewing the inventory of Town owned land. Ms. Peterson noted that the open Space Committee does not only acquire land but also reviews the potential sale of Town owned land. Ms. Peterson suggested that the Trust for Public Land should evaluate this property in the same manner that they are currently evaluating other Town properties. Ms. Peterson stated that she was not necessarily representing the Open Space Committee but that several members of the Committee had asked her to express her views concerning this matter to the Board of Selectmen.

Mr. Vincent re-stated the original motion referring the proposal to the Planning Commission for an 8-24 review. Four members of the Board of Selectmen present were in favor of the motion and Ms. Mielert was opposed. Ms. Mielert stated that she believed that the referral is premature.

RESIGNATIONS AND APPOINTMENTS

Resignation of Cynthia Carey from the Planning Commission

Mr. Vincent requested a motion accepting the resignation of Cynthia Carey from the Planning Commission. Ms. Gilkey made the motion and Ms. Mielert seconded the motion noting her regret at Ms. Careys resignation.

Board of Selectmen

October 16, 2002

Resignation of Esther Bartlett from the Aging and Disability Commission

Mr. Vincent requested a motion accepting the resignation of Esther Bartless from the Aging and Disability Commission. Mr. Romano made the motion and Mr. Garrity seconded the motion. The motion was passed unanimously.

Resignation of John Bosko from the Insurance Committee

Mr. Vincent requested a motion accepting the resignation of John Bosko from the Insurance Commission. Mr. Garrity moved the motion and Ms. Gilkey seconded the motion. All were in favor.

Re Appointment of Melvin Cote to the Simsbury Housing Authority

Mr. Vincent requested a motion to reappoint Melvin Cote to the Simsbury Housing Authority. Ms. Gilkey made a motion and Mr. Romano seconded the motion. All were in favor.

REVIEW AND ACT ON A REQUEST BY THE SIMSBURY COMMUNITY TELEVISION, INC., TO USE ENO MEMORIAL HALL FOR ITS ANNUAL HOLIDAY POTLUCK DINNER

Mr. Vincent requested a motion approving the use of Eno Memorial Hall for the Simsbury Community Television for this annual Holiday Potluck Dinner. Mr. Garrity made a motion and Ms. Gilkey seconded the motion. The motion was passed unanimously.

REVIEW AND ACT ON REQUEST BY SIMSBURY COMMUNITY TELEVISION, INC., TO SERVE ALCOHOL AT ITS ANNUAL HOLIDAY POTLUCK DINNER

Mr. Vincent requested a motion authorizing the consumption of alcohol at the SCTV Holiday Potluck Dinner to be held at Eno Memorial Hall. Mr. Garrity Moved the motion and Ms. Gilkey seconded the motion. All were in favor.

Board of Selectmen

October 16, 2002

REVIEW AND ACT ON A REQUEST BY THE SIMSBURY HISTORICAL SOCIETY TO USE THE HENRY JAMES JUNIOR SCHOOL FOR AN ANTIQUE SHOW

Mr. Vincent requested a motion authorizing the Simsbury Historical Society to use Henry James Junior High School for an Antiques Show. Ms. Gilkey moved the motion. Mr. Romano seconded the motion and the motion was passed unanimously.

SUB-COMMITTEE REPORTS

Mr. Vincent asked if there are any reports of the liaisons to the Sub-Committees. No reports were made.

Mr. Vincent requested reports from members of the Board of Selectmen who serve as liaisons to the elected and appointed boards and commissions. No reports were made.

Mr. Vincent, First Selectman, moved that the meeting be adjourned at 9:36 p.m. Mr. Garrity made a motion to adjourn the meeting. Mr. Romano seconded the motion. All were in favor.