TOWN OF SIMSBURY
BOARD OF SELECTMEN
JANUARY 13, 2003
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 on January 13, 2003. Present were the First Selectman Thomas Vincent, Board Members Joel Mandell, John Romano, Anita Mielert, Madeleine Gilkey and William Garrity. The Assistant to the First Selectman Brandon Robertson and other interested parties were also present.
Mr. Vincent advised the board that attorneys from Robinson and Cole would be there to brief the Board of Selectmen on a legal matter during executive session and would require one half hour of time before 9 p.m. Therefore, Mr. Vincent requested possibly adjourning the regular meeting in time to meet them.
PUBLIC AUDIENCE
Mr. Vincent asked if there was any member of the public who would like to address the Board of Selectmen.
Simsbury resident Joan Coe, voiced concerns over mold contamination throughout the town building. Ms. Coe is concerned for town employees working in a mold contaminated building that cannot be remedied. She is concerned over tax dollars for renovations to restaurant at the Simsbury Farms Golf Course. The restaurant is closed and she feels having alcohol at the Farms is a problem. Ms. Coe said the Farms is losing money and the Director has not formulated a plan to increase revenues on the golf course to pay for the facility. Ms. Coe wants to know why all those towns with property owned by Colbro Corporation involved with the suit against Meadowood Project cannot contribute to Simsbury's defense against the Meadowood project and Riverbend Associates. She thinks contaminated land should not be used
for housing. Ms. Coe discussed the Eno Farms affordable housing complex losing money. She is concerned that the Corporation for Independent Living will not meet their financial responsibilities and tax payers may have to foot the bill to the state. Ms. Coe comments on the Board of Education need for more money, she notes the school population has not grown as much as the consultant reported. Ms. Coe wants to know why the increases in budgets can't be aligned to the grand list.
Mr. Richard Martinik, 5 Main Street Extension, Tariffville spoke about parking problems in Tariffville. He noted his strong concerns for people parking on the sidewalk and on the wrong side of the street.
Mr. Mandell, Board of Selectman, acknowledged First Selectman Thomas Vincent was mentioned in the Hartford Courant to be honored at the American Legion Baseball dinner on January 24th at the Radisson Hotel with a contributory award.
STATE OF THE TOWN
Mr. Vincent requested that Assistant to the First Selectman, Brandon Robertson report on the State of the Town. Mr. Robertson updated the Board on the following:
Earthtech, the design engineers for the waste water treatment plant expansion project have submitted 30% preliminary design drawings to the Connecticut Department of Environmental Protection as required. An engineering review with suggestions from various design professionals includes reviewing drawings for operational efficiencies with minimal costs.The primary consultant on the project Earthtech is currently reviewing the approximate 1 million dollars in collective recommendations. Mr. Robertson notes that the funds for the designs of the waste water treatment plant project have not been approved by the statebond commission. Mr. Robertson noted the highway department has spent 80% of the current year operating budget for overtime costs incurred due to the winter weather. The director of public works would like to thank residents for not parking along sides of streets when foul weather is expected. The director also asks
Minutes
Board of Selectmen
January 13, 2003
Page 2
that residents not push snow from driveways and sidewalks back into the streets and if snow is expected on days of refuse collection please try and place the refuse containers out the next morning for pick up. Paine's for example does not start residential pick up until 7 a.m. This will help reduce the number of receptacles being knocked over by plows. Also the director recommends shoveling out a spot for your trash next to your driveway.
The director of Human Resources, Mary Miller asked Mr. Robertson to report on the three new hires since December first. Keven Lamb is a new truck driver for the Public Works department. Laurie Foster is part time library circulation assistant and Barbara Ostrowski is a page in the library technical services area. Also applications are being accepted for a Commission Secretary position and a Water Pollution Process Control Operator position. A conditional offer of employment has been made for the Water Pollution Control Facility Plant Mechanic. And interviews have been held for a part time custodial position.
Mr. Robertson noted that the golf course superintendent of Simsbury Farms, Hank Suchinski has announced his retirement after 32 years on the job. There will be a retirement party for Mr. Suchinski on January 31, 2003 at the Simsbury Farms Restaurant with tickets available for $20.00 at Apple Barn administrative and recreational offices and at the First Selectman's office at Town Hall.
Mr. Robertson noted that the Simsbury Library in cooperation with the Historical Society, the First Church of Christ, Simsbury Arts Council, and Simsbury High School will be celebrating Black History Month in February with a plaque designed by Simsbury High School History Students to be dedicated at the library to commemorate Dr. Martin Luther King's visits to Simsbury in the summers of 1944 and 1947. Additional events will include a performance by the gospel choir of First Cathedral at the First Church of Christ in Bloomfield, on Sunday February 2nd at 3 p.m., and various other lectures and discussion groups will be held throughout the month.
Chief Ingvertsen requested Mr. Robertson to note that applications are now being accepted for the third citizens police academy, beginning February 6th. Applications can be obtained on the town's web site or by calling Officer Kritz at 658-3131.
FINANCE
REVIEW AND ACT ON CORRESPONDENCE FROM TAX COLLECTOR REGARDING TAX REFUNDS
Mr. Vincent requested a motion to approve the tax refunds, as outlined in a memo from the tax collector, Kathleen Hayes, in the amount of $54,800.11. Mr. Garrity made a motion and Ms. Gilkey seconded the motion with all in favor.
REVIEW AND POSSIBLY ACT ON CORRESPONDENCE FROM THE FINANCE DIRECTOR AUTHORIZING THE ESTABLISHMENT OF THE "ENO MEMORIAL HALL" SPECIAL REVENUE FUND
Mr. Vincent requested an open discussion about the "Eno Memorial Hall" special revenue fund and noted that no funds would be spent until the Board of Selectmen and the Board of Finance agree on the guidelines. Mr. Kevin Kane, Finance Director, was available for questions. Mr. Mandell looked at the projection of dollars and remarked on the grant received from the state for the air conditioning of the Hall. Mr. Mandell thought guidelines for use need to be established. Mr. Mandell asked if we should use capital money now versus borrowing at a higher rate. Mr. Mandell does not think we should preserve the money but should spend the funds on the building now. Mr. Romano agreed with Mr. Mandell. He would like to see the money spent now and would like to see a schedule
of how the money would be spent. Ms. Mielert is not in favor of spending the principal of the fund now. Ms. Mielert looked at the list of improvements for Eno Memorial Hall from Mr. Wrabel, Public Works Director, and thinks nothing on the list is of an emergency nature. Ms. Mielert asked Mr. Kane how much we receive per year from the fund. Ms. Mielert
Minutes
Board of Selectmen
January 13, 2003
Page 3
gave brief history of the fund and noted she is in favor of slowly spending the money and allowing the money to accrue with idea of maybe someday hiring a janitor for the building. Ms. Gilkey clarified the refurbishing of the front balustrades and drainage needs to be done. She asked Mr. Kane what is currently available in the fund. Mr. Kane noted the amount in the fund. Ms.Gilkey would like to see the bulk of the principal left in tact and preserved and hopefully accumulate with use only in a critical situation.
Mr. Garrity would not vote for spending the money now. He advised letting principal gain interest and using the interest to pay for improvements in the future. Mr. Garrity noted many of the projects on list for improvements are capital improvement projects that should fit into our budget without having to touch the fund. Ms. Mielert noted the auditorium lighting was mentioned on the improvement list. Ms. Mielert confirmed she is unaware of the wiring situation with the lighting but noted never hearing complaints about lighting , rather multiple complaints have been heard about the sound system in the auditorium.
REVIEW AND POSSIBLY APPROVE A BUDGET WORKSHOP MEETING SCHEDULE
Mr. Vincent requested a motion to approve the Budget Workshop Schedule with one change for the February 5th meeting to be moved back from 6 p.m. to 6:30 p.m. Mr. Romano made a motion and Mr. Garrity seconded the motion. All were in favor. (Addendum 1)
SOCIAL SERVICES
REVIEW, POSSIBLY ACCEPT AND DESIGNATE A PROPOSED DONATION OF $3,722.36 TO BE USED TO SUPPORT THE DEPARTMENT OF SOCIAL SERVICES FOOD CLOSET AND CHEESE DAY PROGRAMS
Mr. Vincent requested a motion to accept and designate the proposed donation of $3,722.36 to support the Department of Social Services Food Closet and Cheese Day Programs. The gift was donated by the Simsbury Stop and Shop. Mr. Mandell made a motion and Ms. Gilkey seconded the motion. All were in favor.
REVIEW AND POSSIBLY APPROVE LEASE AGREEMENTS AND AMOUNTS FOR TOWN RENTAL PROPERTIES LOCATED AT 69 WOLCOTT ROAD AND 15 SUGAR LOAF CUT
Mr. Vincent requested a motion to accept the new lease agreements for 69 Wolcott Road and 15 Sugar Loaf Cut. Ms. Gilkey made a motion and Mr. Romano seconded the motion. Ms. Mielert noted as chairman of the Welfare Sub-Committee, the first two leases were not looked at by the committee. Ms. Mielert questioned why only the husband resident of one of the leases is listed and not the wife at all. She questioned if the wife would have any rights. Ms. Mielert noted the committee thought of setting rents based on our municipal fiscal year. Ms. Mielert said the lease runs to December 31 and should it be changed to reflect June 30th to coincide with fiscal year. Mr. Vincent said other rental properties do not have lease dates coinciding with fiscal year. Mr. Mandell noted you need
to take each lease as it comes. Ms. Mielert has concerns about having to meet monthly to handle lease dates and amounts. Ms. Gilkey agreed with Mr. Mandell's point of dealing with each lease as it comes up since you can't control when the tenants on the lease may come and go. Ms. Gilkey said this doesn't happen often and if it does the Welfare sub-committee will just have to meet about it. Ms. Mielert simply does not want to lose track of the rents as in the past and wants to manage the properties properly. Mr. Vincent noted many of the properties did not have leases when he took office, but now most have leases. Mr. Garrity does not think the town should own any rental properties. Mr. Mandell asked what is the term for the lease. Mr. Vincent noted that the term of the leases would be February 1 through January 31.
Minutes
Board of Selectmen
January 13, 2003
Page 4
REVIEW AND POSSIBLY APPROVE THE LEASES AND LEASE AMOUNTS FOR PROPERTY LOCATED AT 73 WOLCOTT ROAD.
Mr. Vincent requested a motion to approve the leases and lease amounts for the property located at 73 Wolcott Road. Mr. Garrity made a motion and Ms. Mielert seconded the motion. All were in favor.
Mr. Mandell commends the Welfare Sub Committee for their efforts with the leases. Ms. Mielert noted that the lease amounts are $500.00 monthly for the dwelling and $100.00 for the farm with 50% of the gross income dedicated to the social workers contingency fund and the other 50% going to the rental property's maintenance.
PLANNING AND CONSERVATION
REVIEW AND POSSIBLY APPROVE PROPOSED INCREASE IN THE BLENDED HOURLY RATE FOR LEGAL SERVICES RENDERED BY ROBINSON AND COLE
Mr. Vincent requested a motion to approve the proposed increase in the blended hourly rate for the legal services rendered by Robinson and Cole in the Meadowood litigation. Mr. Mandell made a motion and Ms. Mielert seconded the motion. Mr. Garrity does not think that every year people deserve an increase. Ms. Gilkey asked if we could defer the vote on this until after executive session. Mr. Vincent said we have a motion on the table and suggested we move along. Mr. Mandell said a discussion concerning this matter is not appropriate for executive session. Mr. Mandell thinks Robinson and Cole has worked with a fair blended rate over the years and thinks they are a talented team providing us with value. Mr. Romano feels they have done a great job but the 4.8%
rate could be negotiated. Mr. Vincent noted the hard work and professionalism of the firm along with doing some things for the town for free and supports the increase. Ms. Mielert supports the increase and the professionalism of the firm also noting some forgiveness of funds by the firm in the past. Mr. Vincent, Mr. Mandell, Ms. Mielert and Ms. Gilkey were all in favor of the increase in blended hourly rate for Robinson and Cole. Mr. Garrity and Mr. Romano were opposed.
ENGINEERING
REVIEW AND ADVISE CONCERNING THE TIME, DATE, AND LOCATION FOR THE PUBLIC INFORMATION MEETING TO DISCUSS PLANS FOR A WATER MAIN EXTENSION PROJECT ON CARDINAL LANE AND FOR A PRELIMINARY DESIGN INFORMATION MEETING FOR A ROAD AND SIDEWALK PROJECT ON CENTER AND CHURCH STREETS.
Mr. Vincent said this is not something needing a vote. Mr. Garrity advised the First Selectman that he skipped item 3b under Planning and Conservation on the agenda. Mr. Vincent went back to the item.
PLANNING AND CONSERVATION ( continued)
REVIEW AND POSSIBLY REFER A REQUEST FOR THE DONATION OF A PARCEL OF PROPERTY IN LIEU OF TAXES TO THE PLANNING COMMISSION
Mr. Vincent requests a motion to accept the donation of a parcel of property in lieu of $1,191.10 in taxes from the former resident, Vera Okenquist. Ms. Mielert made a motion and gave brief history of Vera Okenquist and her husband and Mr. Garrity seconded the motion. Mr. Sawitzke, town engineer, described location of the property with the aid of a map of the area. All were in favor.
Minutes
Board of Selectmen
January 13, 2003
Page 5
ENGINEERING
Mr. Vincent again noted the time, date and location for the information meetings. Ms. Mielert suggested changing the location of the Center and Church street sidewalk project hearings to Tariffville school. No vote is needed for this item.
RECREATION
REVIEW AND POSSIBLY APPROVE REVISED SIMSBURY FARMS FACILITY AND SUMMER PROGRAM FEES FOR 2003
Mr. Vincent requested a motion to approve the revised fee increases from the Director of Culture, Parks, and Recreation. Mr. Garrity made a motion and Mr. Romano seconded the motion. Mr. Mandell does not agree with the adult maximum 80 rounds golf fee increase. Mr. Mandell noted a lot of money is received in advance with the purchase of season passes. Mr. Mandell feels if a season pass is purchased there should be unlimited use and no maximum rounds. Mr. Mandell would like to make an amendment to the motion concerning the fee increases. Mr. Romano would like to hear from Gerry Toner of the Parks and Recreation Department. Mr. Romano asked Mr. Toner the intent of establishing the adult maximum and the adult unlimited. Mr. Toner explains the fee schedule. Mr. Garrity said both the Simsbury Farms Complex Committee and the Parks and Recreation Department looked at this and decided to try this for one year and see if they can track it. Mr. Garrity thinks Mr. Mandell may be
right but they are looking at ways to bring in more revenue and so far the town has been very fair in their golf rates. Mr. Garrity said this is still a great deal. Ms. Gilkey asked what is the senior age and noted the majority of people play 80 rounds or less based on tracking. Ms. Gilkey asked if they tracked to 80 and could charge after that per round. Mr. Toner said that is an option for those not taking the unlimited pass and the option is available. There was no second to Mr. Mandell's amendment to the motion. Mr. Mandell opposed the original motion and all other members of the Board of Selectmen were in favor.
CORRESPONDENCE
REVIEW AND POSSIBLY APPROVE THE USE OF TOWN PROPERTY FOR AN EVENT ON JUNE 1, 2003 SPONSORED BY THE HARTFORD MARATHON FOUNDATION, INC.
Mr. Vincent requested a motion to approve the use of town property for an event on June 1, 2003, sponsored by the Hartford Marathon Foundation, Inc. Ms. Mielert made a motion and Ms. Gilkey seconded the motion. All were in favor.
APPROVAL OF THE MINUTES
REVIEW AND APPROVE THE MINUTES OF THE DECEMBER 9, 2002 BOARD OF SELECTMEN MEETING
Ms. Mielert asked to move for the approval of the meeting minutes from December 9, 2002. Ms. Mielert made a motion, Mr. Garrity seconded the motion. All were in favor.
Minutes
Board of Selectmen
January 13, 2003
Page 6
ADJOURNMENT
Mr. Vincent requested a motion to adjourn to Executive Session at 8:35 p.m. Mr. Romano made a motion and Mr. Garrity seconded the motion. All were in favor and the meeting was adjourned into Executive Session for the purposes of discussing pending claims and settlements.
COMMENTS
Following the motion to adjourn into Executive Session, Attorney Dwight Merriam of the law firm, Robinson and Cole asked to go back to discussion about the blended hourly rate for Robinson and Cole. Mr. Merriam discussed with his partner Brian Smith, the blended hourly rate. Mr. Merriam said our blended rate is one of the lowest and the increase is also one of the lowest. Mr. Merriam lives in Simsbury and is aware of what is going on in the town. Mr. Merriam proposed a deferment of increase in the blended hourly rate until July 1. Mr. Merriam notes they will continue to aggressively defend the town. The Board of Selectmen thanked Mr. Merriam and adjourned into Executive Session.
EXECUTIVE SESSION
The following members of the Board of Selectmen were present for the Executive Session: Thomas E. Vincent, First Selectman, Joel Mandell, Deputy First Selectman, Anita Mielert, Madeleine Gilkey, John Romano and William Garrity. Attorneys Dwight Merriam and Brian Smith were also present. Attorney Robert DeCrescenzo and Assistant to the First Selectman, Brandon Robertson, were also present. Attorneys Merriam and Smith exited executive session at 9:07 p.m. At 9:45 p.m., William Garrity made a motion to adjourn the executive session. This motion was seconded by Joel Mandell and all were in favor.
At 9:46 p.m. Joel Mandell made the following motion:
The Board of Selectmen hereby authorizes the law firm of Robinson & Cole to appeal the recent decisions of the Superior Court, Judicial District of New Britain, in the cases of River Bend Associates, Inc., et al., versus the Zoning and Planning Commissions of the Town of Simsbury, pursuant to Section 806 of the Town Charter.
William Garrity seconded this motion and all were in favor. The meeting was adjourned at 9:47 p.m.
____________________
Respectfully Submitted
(Addendum 1)
| 
