Simsbury, CT - BOS - July 12, 2004

The Regular Meeting of the Board of Selectmen for July 12, 2004 was held in the Main Meeting Room in the Simsbury Town Offices. Present were First Selectman, Thomas Vincent, Board Members, Madeleine Gilkey, John Romano, Joel Mandell, William Garrity, and John Hampton. Also present were Brandon Robertson, Assistant to First Selectman, and other interested parties.

Mr. Mandell made motion to move item number 6, Correspondence, to immediately follow after public audience. Ms. Gilkey seconded, all were in favor and the motion passed.

David Of 6 Tamarack Lane, Hazel Meadow, president of Hazel Meadow II Homeowner’s Association spoke of their concerns in the proposed use of the rail-bed for a bike path. They have investigated the properties history and found that Mr. Mather granted a right of way to the railroad company in the 1850's. The reversionary clause in the deed stated that upon termination of the railroad’s use of the property, this land would revert to his heir and assigns. Mr. Said that would then mean the Hazel Meadow II Homeowner’s Association, not the Town of Simsbury or State of Connecticut.

The Association feels the maneuverability for fire trucks is already restricted on their narrow roads. If a car is parked along the trail, the fire trucks would be unable to pass.

Deborah Spilane, Mathers Crossing and Lee Wilder handed out folders to the Board. Ms. Spilane asked for reconsideration of the bike trail along the railroad. They had pictures of homes in proximity to the trail, which shows how close homes would be from the trail. They had taken a pole and out of the 77 homes the majority do not want a trail going through Hazel Meadow. They are also worried about vandalism and would prefer the river as an alternative route.

After further discussion, they feel the right of way grants should be investigated further to see who the land belongs to now. They would also like the Simsbury Trail Association and Board of Selectmen to find a reasonable solution to this project. Ms. Gilkey asked about easements being needed. This should also be investigated. The Board feels this subject needs to be an agenda item.

Joan Coe, 26 Whitcomb Drive, feels the Republican Party of our Town has disenfranchised all the residents of the Town by selecting the members to serve on the Charter Revision Commission who have pledged not to place the Town Manager on a referendum. This in ineffective leadership and poor public policy. She feels all the Republicans should be voted out of office.

Ms. Coe spoke of the Chamber’s golf outing serving alcohol without a permit. She also spoke about the tent at the golf course not being a capital budget item, but in the operating budget.

She said the Board of Ethics is a “paper tiger” after she made allegations about the First Selectman asking an employee to take his car to the car wash. They said they made an investigation, but found no misconduct.

Ms. Coe spoke on the Eno Farms complex again. She said C.I.L. letter stated that there was notice of default termination of sub-lease on 7-1-04. She said the actions of the Association have placed the projects tax credits at risk. Ms. Coe said Webster Bank froze the project’s bank account. She asked what is being done to place the project into compliance.

Mr. Mandell said that on June 7, 2004, he attended the Connecticut Main Street Center Annual Meeting and Awards Presentation in Hartford. He said the Simsbury Main Street Partnership received four awards; most efficient fund raising; best retail event; outstanding volunteer was Anita Wheeler; and outstanding Board member of the year was Susan Arsenal. Congratulations to all.

Mr. Vincent said he received a request to use Town property and to waive the insurance requirement from the Tariffville Village Association for their Tariffville Village Festival, Saturday, August 28, 2004.

Mr. Mandell made motion to waive the insurance requirement for the Tariffville Village Festival on Saturday, August 28, 2004. Mr. Hampton seconded the motion.

Mr. Garrity feels the insurance requirement should not be waived again this year. It shouldn’t be the policy to waive insurance requirements. They gave the Association a break last year as they were just staring up, but it shouldn’t be a policy of the Town. It could cost the Town too much if something happens. He would vote no.

Mr. Hampton said he was in favor of waiving the insurance requirement as they Association is just starting. He feels at some point there should be a change in policy and maybe set a limit.

Mr. Mandell said Mr. Garrity raised a good point. He is also concerned about the liability. He would like to table this to get some insurance information and guidance on what to do.

After further discussion, Mr. Mandell made motion to table the subject of the Tariffville Village Festival insurance requirement to the next meeting. Mr. Romano seconded the motion. All were in favor and the motion was passed. Mr. Vincent will call the insurance company.

Mr. Garrity made motion to approve the tax refunds in the amount of $561.98 for the period covering June 14 - June 24, 2004. Mr. Romano seconded the motion. All were in favor and the motion passed.

Ms. Gilkey made motion to approve the Fiscal Year 2003/04 budget transfers totaling $358,723.00. Mr. Garrity seconded the motion. All were in favor and the motion passed.

Mr. Vincent said the report on implementation of Chapter 63 Article 2 of the Town Code of Ordinance entitled “Public Consumption”. The purpose of this ordinance was to provide a formal procedure for allowing consumption of alcohol in Town buildings. This would allow a “Bring Your Own Beverage” policy at the Simsbury Farms Restaurant and Patio. The modification would be to add the word “tent” after patio. The consensus of the Board was to support this.

Mr. Vincent said the second ordinance is Article 3, possession by minors on Chapter 63 of the Code. The memo addresses implementation of this ordinance. The Board approved the ordinance on January 26, 2004. This ordinance provides the Police Department with the ability

to issue infraction tickets to underage drinkers on private property. The ordinance also allows the Police Department to site those who host parties where underage drinking occurs. The ordinance has been used once since passing.

Mr. Vincent said the Welfare Sub-committee has met to discuss a recommendation concerning the proposal by the Friends of Town Farms Dairy. Mr. Romano reported said the Sub-Committee went over what was presented to them by Town Farm Dairy. It was their decision to go forward for the development of the Farm. The Sub-committee decided to give them a break on their rent for one year. They will need notification from the Board of Selectmen, which will then allow them to go forward to the State Attorney General’s Office on their proposal.

Mr. Garrity made motion for the following resolution: 1) Whereas, the Board is supportive of the element contained in the business plan and recommends that the non-profit proceed;

2) The Board will waive the fees charged Mr. Walsh under the dwelling lease agreement and the agricultural lease agreement for a period not to exceed one year, or such period to be mutually agreed with the Town; 3) The Town will provide a letter to the Non-profit that reflects this consensus, which will allow the Non-profit to proceed with the filings of a 501( c) (3) status.

Mr. Vincent said that the Director of Public Works has resigned. Mr. Garrity made motion to appoint the First Selectman as Acting Public Works Director. Ms. Gilkey seconded. All were in favor and the motion passed.

Ms. Gilkey made motion to accept the resignation of Jewel Gutman from the Board of Ethics. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to accept the resignation of Thomas Hammick from the Building Code Board of Appeals. Mr. Garrity seconded the motion. All were in favor and the motion passed.

Mr. Garrity made motion to accept the appointment of Jean MacKay to the Simsbury Housing Authority. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Hampton said the Simsbury Farms Complex Committee has the tent is up and it looks great. They would like to have a dedication ceremony at some point and will discuss it with the First Selectman for approval.

Mr. Garrity made motion to approve the June 14, 2004 minutes. Mr. Mandell said on page 2, starting with Mr. Mandell; this should read, “Mr. Mandell said the Library Board is very much in favor.......”. On page 4 under Sub-Committee Reports, Public Safety. Mr. Mandell wasn’t sure what this meant. The minutes were approve upon the checking of the tape.