Simsbury, CT - Board of Selectman Minutes

The Regular Meeting of the Board of Selectmen was called to order at 7:31 P.M. in the Main Meeting Room of the Simsbury Town Offices. Present were First Selectman Thomas Vincent, Board Members, Deputy First Selectman Joel Mandell, William Garrity, Madeleine Gilkey, Anita Mielert and John Romano. The Assistant to the First Selectman, Brandon Robertson, and other interested parties were also present.

First Selectman Vincent gave a special welcome to Troop 76 and Diane Bailey, Merit Badge Councilor for the Citizenship in the Community Merit Badge. Ms. Bailey announced that Troop 76 is finishing their badge requirements by learning about the government and their community and how to be a good citizen. Ms. Bailey then introduced the members of Troop 76.

First Selectman Vincent responded to comments made during the Public Audience Portion of the Board of Selectmen meeting held on October 16, 2002. Mr. Vincent noted the Town is addressing recommendations contained in the Turner Report and the EQM Report. Mr. Vincent noted that four of the six recommendations in the EQM Report have been addressed and that many of the recommendations in the Turner Report will be addressed as well. Mr. Vincent noted that a meeting is held each week to review progress in this area.

Mr. Vincent noted concerns about the Swords Report and the possible sale of the property located at 31 Main Street in Tariffville were noted at the prior Board of Selectmen meeting. Mr. Vincent stated that Town Attorney, Robert DeCrescenzo, and Town Engineer/Director of Capital Projects, Richard Sawitzke, were present to address these concerns.

Mr. Vincent introduced Attorney DeCrescenzo. Attorney DeCrescenzo clarified the scope of the exemption under the Freedom of Information Act as it pertains to the Swords Report. Attorney DeCrescenzo stated that the Swords Report is a personnel report and that the interim version of the report was issued on January 1, 2002. On February 6, 2002, various citizens requested a copy of the report. Attorney DeCrescenzo noted that he was asked to determine if the January 1, 2002 Report was exempt under the FOIA. Attorney DeCrescenzo stated that it was his firms opinion that the January 1, 2002 version of the report was not a public document. Attorney DeCrescenzo noted that two letters were issued concerning the status of the report. Attorney DeCrescenzo noted that in those letters, he noted that if the report had been given to a member(s) of the Board of Selectmen it would no longer be subject to exemption. Attorney DeCrescenzo also noted that the cost for his professional services rendered on this case were included under the monthly retainer. Attorney DeCrescenzo noted that the hearing officer assigned to this case did order the disclosure of the document.

Attorney DeCrescenzo noted that the advice of his firm was sought prior to the initiation of the process leading to the potential sale of the property located at 31 Main Street in Tariffville. Attorney DeCrescenzo reviewed the scope of his initial review of the proposed sale of the property and noted that there were no Charter implications.

Mr. Vincent introduced Town Engineer/Director of Capital Projects, Richard Sawitzke, to further review the proposed sale. Ms. Mielert raised a point of order concerning this discussion. Mr. Sawitzke reviewed the location of the property and reviewed the process followed to date. Mr. Sawitzke reviewed the requirements of the request for proposals document. Mr. Sawitzke noted that it was proposed that .15 acres of the parcel would be used for a park. Mr. Sawitzke noted the potential terms of a buy/sell agreement with the developer. Ms. Mielert raised a point of order concerning the discussion. Mr. Vincent noted that questions concerning the potential sale of the property were raised during the public audience portion of the last Board of Selectmen Meeting.

Mr. Vincent addressed Ms. Coes comment about the self-insurance fund. Mr. Vincent noted that Mr. Lindberg of Lindberg and Ripple recently attended a meeting of the Board of Finance. Mr. Vincent noted that Mr. Lindberg stated that a study is done each year concerning insurance rates to ensure that the Town is receiving the most competitive rate possible.

Mr. Vincent recognized Ms. Joan Coe. Ms. Coe noted that the discussions with the Town Attorney and Mr. Sawitzke appeared to be out of order. Ms. Coe noted that she would check with the Freedom of Information Commission to determine if the discussion was out of order. Ms. Coe noted the recent release of the Personnel Report. Ms. Coe noted the findings in the Personnel Report. Ms. Coe noted that the Report is available for the publics review. Ms. Coe reviewed the environmental status of the Town Hall. Ms. Coe raised concerns regarding the lack of a building permit for the replacement roof. Ms. Coe noted that permits have not been received for the boiler or the addition. Ms. Coe raised concerns regarding a parent teacher survey. Ms. Coe noted that an intent to sue has recently been filed resulting from an incident at a school. Ms. Coe reviewed concerns about the proposed sale of 31 Main Street in Tariffville. Ms. Coe reviewed concerns regarding a recent shooting incident in Simsbury. Ms. Coe requested permission to read two more paragraphs at the end of the meeting. Mr. Vincent granted Ms. Coe permission to complete her comments at the end of the meeting.

Ms. Mielert reviewed her concerns regarding the First Selectmans failure to comply with the Freedom of Information Act. Ms. Mielert noted the recent decision of the Freedom of Information Commission and outlined the implications of the decision for the Towns residents. Ms. Mielert noted that she requested a copy of the report upon the decision of the Freedom of Information Commission. Ms. Mielert noted that her request was denied because Mr. Vincent was considering an appeal. Mr. Vincent noted that the report was subsequently released. Ms. Mielert reviewed the findings in the report.

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 refund is $2,058.27. William Garrity made a motion, seconded by Mr. Romano, to approve the tax refunds as presented. All were in favor.

Mr. Vincent noted that according to the terms of the License Agreement entered into by the Town and the Rotary Club of Simsbury/Granby, the playground would be accepted by the Town upon inspection and proper certification. Mr. Vincent requested a motion authorizing the First Selectman to accept the Rotary Park, a Boundless Playground, located at Simsbury Meadows as required by the license agreement between the Town of Simsbury and the Simsbury-Granby Rotary Club. Mr. Mandell moved the acceptance of the playground seconded by Ms. Gilkey.

Mr. Sawitzke stated that with this action, the Simsbury-Granby Rotary Club is being released from further responsibility for the playground. All were in favor of the acceptance of the playground. Mr. Sawitzke noted his pleasure at working with the Rotary Club on this project. Ms. Gilkey noted the quality of the facility. Mr. Mandell noted the quality of the facility as well.

Mr. Vincent requested a motion authorizing the First Selectman to execute a mutual use agreement with the Simsbury Fire District, Inc., for property located at Weatogue Park. Mr. Romano moved the motion and Ms. Gilkey seconded the motion. Mr. Mandell reviewed paragraph four of the agreement. Mr. Mandell noted his concern over the use of the athletic field for parking. Mr. Garrity requested that Mr. Toner provide some background concerning this item.

Mr. Toner noted that when the Weatogue Field was reconstructed, a portion did overlap on the Fire District Property. Mr. Toner noted that when the field was reconstructed, the Fire District did want to retain rights to use the field should they host fund raising activities. Mr. Toner noted that the Parks and Recreation Commission discussed the possibility along with the Pop Warner Football Organization. Mr. Toner noted that the Commission felt that it was a reasonable concession. Mr. Toner also noted that the Pop Warner Football Organization also agreed with the Fire Districts use of the field.

Mr. Romano raised additional concerns about the drawing attached to the agreement with the Fire District Inc. Ms. Mielert requested clarification concerning the correspondence between the proposed agreement and the map. Mr. Mandell noted that the juxtaposition of the agreement and the corresponding map is confusing. Mr. Kowalski of the Fire District, Inc., reviewed the map and the need for the completion of the agreement.

Mr. Mandell noted his agreement with the concept and requested that the document and the map be clarified. Mr. Sawitzke reviewed the map and potential revisions that may clarify the agreement. The Board of Selectmen agreed to defer the approval of this agreement pending clarification.

The MS Walk is requesting the usage of Town property on April 6, 2003. Mr. Vincent requested a motion authorizing the use of the property subject to the approval of the Public Gathering Permit Process. Mr. Garrity made a motion authorizing the use of Town property for this event. Mr. Mandell seconded the motion. All were in favor.

Mr. Mandell noted that the Personnel Sub-Committee met earlier in the evening. Mr. Mandell noted that the Personnel Sub-Committee approved a re-draft of the Process Control Operator Job Description. Mr. Mandell noted that the Personnel Sub-Committee approved the job description unanimously. Mr. Mandell made a motion that the Board of Selectmen approve the job description as presented. Mr. Garrity seconded the motion and all were in favor.

Mr. Mandell also noted that the Personnel Sub-Committee approved a recommendation concerning the salary ranges and general wage increases of non-bargaining unit employees for the current fiscal year. Mr. Mandell noted the recommendation in two parts. Mr. Mandell noted that the Personnel Sub-Committee recommends that the salary range for the top range of employees be increased by 4% but that the entry-level range would remain as it is currently. Mr. Mandell noted that this will have the affect of widening the range. Mr. Mandell made a motion to increase by 4% the top range of the salary schedule for non-bargaining unit employees for FY 2002-03 retroactive to July 1, 2002. Mr. Garrity seconded this motion. All were in favor.

Mr. Mandell also noted that the Personnel Sub-Committee unanimously recommends the 3% general wage increase for non-bargaining unit employees for FY 2002-03 retroactive to July 1, 2002. Mr. Mandell made a motion requesting that the Board of Selectmen increase the general wage increase as outlined above. Mr. Garrity seconded the motion. All were in favor.

Mr. Vincent requested a motion approving the minutes of the Board of Selectmen meeting held on October 16^th. Mr. Vincent noted that the meeting was adjourned at 9:36 p.m. and not 9:25 p.m. as noted in the draft minutes. Mr. Mandell made a motion to approve the October 16, 2002 minutes and Mr. Garrity seconded the motion. Mr. Mandell abstained. All other members of the Board of Selectmen voted in favor of the motion.