TOWN OF SIMSBURY
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
SEPTEMBER 13, 2004
CALL TO ORDER
The Regular Meeting of the Board of Selectmen for September 13, 2004 was held in the Main Meeting Room of 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 the First Selectman, and other interested parties.
Mr. Vincent called the meeting to order at 7:05 p.m.
PUBLIC AUDIENCE
Mr. Vincent welcomed everyone. He said if anyone wants to speak on the Planning and Land Use item number 3, about the Farmington Valley Greenway, now is the time to do so. Mr. Vincent said one of the papers had the time of the meeting wrong and he will allow people who come to the meeting at 7:30 to speak also.
Mr. Romano said he felt there is a misunderstanding as to the position of the Board of Selectmen. There has been a misunderstanding as to where the Board’s support lies with regards to the Rails-to-Trails design. Mr. Romano said he was involved with the two votes that were taken in the past. Both times this project was approved. There were not many alternatives at that time, one from Stratton Brook to Bushey Hill and the other one along the rail-bed, which was approved in 2002. Mr. Romano said the delays that have occurred have not been the responsibility of the Selectmen. It has just taken a long time for the design to take place and the funding to go through.
Mr. Romano said in June they were invited to go to the Hazelmeadow area to look at another option. The spot was a trail parallel to the exiting rail trails, which is alongside the river. He found it to be a most esthetically pleasing location as opposed to the main rail. The position was it would be an alternative that would better suit all of the users of the trail as opposed to just down the right-of-way, if it was feasible to do. That was the discussion at the meetings held in July, the meetings between the residents and rails-to-trails people, and what could be done to make this a better trail for those that use it.
Mr. Romano said that access to the Farmington River is something that we should be proud to have. The concern is that the Board is not interested in having any delays or costs, but would like to do what is best for everyone.
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Mr. Romano said the Courant wrote, “No back peddling on bike way.” The last paragraph states “Selectmen who want to explore alternative trail routes should place the public good over the interest of few complainers who’s real agenda appears to remain protected from the rest of the world.” Everyone’s opinion is their own. Everyone is a taxpayer and has the right to speak. As elected officials we will listen to everyone and try to do what’s in the best interest for everyone.
Mr. Romano also said there was a recent article on “Vote Set on Bike Path” which said the Board has twice approved the project, most recently in 2000, but since then securing funding and design work on the uncompleted portion of the trail in Simsbury and neighboring towns has delayed the project. That is the reason for the delay. It also said, complicating matters three Selectmen in June said the Town had an obligation to consider alternative routes suggested by the Hazelmeadow residents. Mr. Romano said it is the Board’s obligation and that’s why we went down there on different occasions to look at the alternatives. Mr. Romano said he asked for information from the Town as to what would be the additional costs, is it feasible, what about time delays, so that they can make a
serious consideration on this project.
Mr. Romano read from a letter he received “aesthetically the eastward deviation is eminently superior to a trail along the original R-O-W due to the view of the river and it’s attendant activities.” This was receive from the Executive Director of the Farmington Canal Rail to Trails Association. The Board has an important job tonight to make a decision and he wishes they had more information on this because they are trying to do what’s in the best interest of all.
Ms. Gilkey wanted to clarify that Rich Sawitzke and other members of the Rails to Trail Committee clearly stated that we are not getting access to the river. There will be no ramps or anything to get to the river. That route is viewing the river only.
Gerald Ledger, 89 Bushey Hill Road, Granby said he has a dream to ride on the rail from Granby to New Haven, the Farmington Valley Trail. He wants his dream to come true.
Carl Eisenmann, 34 Lincoln Lane, Simsbury, a resident for 47 years, said he is an avid rider of the bike trail. He understands that differences in a neighborhood can have an impact, negative or positive change. He feels we must proceed with all deliberate speed to follow the rail-bed and not to pursue any alternatives. He understood that the Town Engineer said if the rail-bed is followed, it could be completed in one mile per day. The other alternatives would be expensive and cause delays. There shouldn’t be any more delays as someone could get killed on Hopmeadow Street at any time. This has been going on for over 10 years now, and it shouldn’t be delayed any further.
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Mr. Eisenmann said Hazelmeadow owners do not own the rail-bed anymore than they own Hopmeadow Street. This is a government owned right-of-way and should be used for transportation. He told the Board they had to do what’s right for everyone in the Town of Simsbury.
Steve Noble, 15 Fairchild Road, said this has been going on for too many years now. This will be an asset to the community. He said that according to the engineering firm that put together the plan for this last section, the cost will be $579,000 using the railroad right-of-way. The Government picks up 80% and Simsbury picks-up the rest. However for us it will be free as we have been provided a State grant for $132,000, which would be more than enough to cover this section.
Mr. Noble said it has been mentioned that we need to consider the wants and needs of all citizens. The Farmington Valley Trails Council had a booth at the September Fest and he made a petition saying, “ We the undersigned urge the Simsbury Board of Selectmen, and Conn. DOT to move forward promptly to complete the Farmington Valley Greenway using the easement granted by Ensign-Bickford and the State owned right-of-way.” During the short period of September Fest, 1,428 were obtained; 943 are Simsbury residents.
Kathy Godiksen, 7 Nutmeg Court said she is a co-owner of 26 acres that makes up the Hazelmeadow II Homeowner’s Association. Since 1998 she has attended several meetings on this project and has written many letters to the Town with her questions and concerns. She has never received any answers. She feels the Board has an obligation to deal with their legitimate
concerns which include the following: loss of privacy, loss of security, opportunities for vandalism, unwanted public parking on their private roads, lack of monitoring of who may be on the trail at night, an the inability of the Town to shield their properties from public intrusion because of the existence and location of Mather’s Crossing, the increased liability, and the property values.
Ms. Godiksen feels that they are caught in a loop-hole. In reality, when the rail is converted to a bike path, it becomes a linear park. This change of use will have a significant impact on them as homeowners. She asked if since the rail-bed through Ensign-Bickford cannot be utilized, is there a formal written agreement with Dyno-Noble that their property can be used to link the two sections if brought through Hazelmeadow. She also asked about the cost for that section.
Greg Gordon, 110 Latimer Lane said he has been a resident for 40 years and a business owner for 20+ years. He uses the trail just about every morning. When he sees something wrong there he notifies the Park Department and they immediately repair the problem. He very rarely sees any trash. He would love to see the trail extended in to the Town. He feels this would be an asset to his property.
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SEPTEMBER 13, 2004
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Lee Wilder said she is a resident within Hazelmeadow. She said this is a difficult topic to discuss because she lives in Hazelmeadow. They provided alternatives, such as the water.
She said there was an article in the Hartford Courant recently addressing access to waterways and how this is public right-of-way that is drying up. This alternative would provide access to the waterway.
Ms. Wilder said she was at meetings where Rich Sawitzke said not that much more time would be required to look into this alternative and not that much more expense. The enthusiasm when located on the water is much greater than just a flat paved surface that is closed in. She would like the water route to be selected.
Joanne Niland, 8 Horseshoe Circle, said she would like to encourage the Board of Selectmen to do whatever it takes to complete this segment of the trail. Her family uses it regularly. She feels it is the Board’s responsibility to all of the citizens in Town and the region to benefit everyone. She would like this project to be completed.
Richard Smith, 13 Nutmeg Court said he submitted a request from the citizens of Hazelmeadow. Of the people he met with, they said they would rather have it on the railroad right-of-way instead of the waterfront. The people along the waterfront feel they are being jumped on just to get it moved from one place to another.
Mr. Smith said the Town had drawings made up since 1999, that he presented to the Board, showing what could be done to protect property values and the crossing at Mather’s Crossing. He had an open house, at his house, and invited the entire community in to discuss the pros and cons of this project. There was some very good feedback after seeing these plans.
Carolyn Erickson, 3 Hazelmeadow Place, said she has looked at the trail-bed. A majority of homes do not abut the trail. The problems that they foresee, by moving it to the water, aren’t going to eliminate any of the those problems. She would like to see it go forward and feels that all Hazelmeadow owners are not against the trail.
Jerry Litner, 5 Simscroft Place, said that the Board has bent over backwards to look at all alternatives. This has been going on for over a decade and a decision needs to be made now. People from all over come to the bridge to look for the trail. He hopes the Board approves the plan as presented.
Ed Kendall, 18 Hazelmeadow Place, said the reality is that this project would not start within the next couple of weeks. The final design plan has not been submitted to the D.O.T. and following that it has to go to the D.E.P. for a permit. The D.E.P. is six months to a year backed-up. In all reality there wouldn’t be a shovel in the ground for at least a year. The Attorney General’s office
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still hasn’t come up with the answer of who owns the property. He said there would probably be another soil test required after the permit.
Mr. Kendall said there is also a sewer easement along the river that could be used for a bike path. He said the quality of life in Hazelmeadow should mean as much as everyone else’s does.
Don Moore, 40 Hazelmeadow Place said this is the only region in the United States that splits a neighborhood in half because of a bike trail, not just geographically, but emotionally. The suggestion made to run the trail along the river only affects three homes compared to thirty homes along the proposed path. The majority of residents of Hazelmeadow I and II are opposed to this path. The property values along this area are going to be depreciated, about 20% of the current values. Will property taxes be lowered because of that?
Mr. Moore feels the riverbed is a better route. He’d give up his home for another if this trail goes within 50 feet of his home. He thanked the Board for their time and efforts.
Todd Collin, Weatogue, said one of his fondest memories was riding his bike to Town. He makes an annual trip to Cape Cod with the Boy Scout troop to ride the 25 mile rail trail. Wouldn’t it be nice to do it here instead? The segment going into Simsbury needs to be done now.
Holly Baum, 11 Hall View Drive, brought her 5-1/2 year old son Eric, and said a lot of this is about our children. She is very concerned about the national epidemic of obesity and feels biking is a great exercise. This project should be completed.
Mary Cunnigy, 3 Old Oak Drive, said she and her husband have lived here for 38 years. They were thrilled 10 years ago, when this project was approved, that their tour would be complete.
They don’t want to wait another 10 years. They want it started now. If there are any other issues the Board should address them.
Jessie and Ruth Case, are both 85 years old and would like to be on the trail now.
Gordon McKennerney, is in favor of completing the last mile of the trail where it has already been approved. The river is prone to flooding and would need repairs. He said there in another right-of-way in Town that pre-dates Hazelmeadow II, the 60 ft. wide abandoned rail-trail running through the Hazelmeadow development. This right-of-way was included in the plans by professional engineers for use as a bike path. This path would benefit a large number of citizens and businesses not only in Simsbury, but all of western Conn. This is another form of progress.
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Mr. McKennereny said at the July meeting, many folks were heard. Unfortunately, there is sometimes a price to be paid for progress. He said there has been some fear, uncertainty and doubt. He is looking forward to using his motor vehicle a little less. He is asking for a vote, for the final time, not to spend one more dollar or one more day, please get it done.
Carol Cruise, 41Drummond Road said she used to live in Hazelmeadow when the trains came through. Everyone knew the rails were there, there wasn’t a safety issue. The people there now shouldn’t assume that the piece of land in their yard would be their yard. The title search has been done. It has always been a railroad and this shouldn’t be a surprise. This would enhance the quality of life. This plan should move forward as it has been thoughtfully planned.
Deborah Spillane, 9 Mather’s Crossing, said she was here to request that the Board reconsider the present plans for the bike trail. She said she had presented four other plans that she feels are viable and wants them looked in to. It might take a little bit longer, but feels it would be for the betterment of everyone concerned as well as a community as a whole. She asked that it not be rushed just to get it done. She feels overwhelmed at these meetings. She is 20 ft. away from this trail.
Ms. Spillane said she bought her house after being told by the Town that there was nothing to worry about, the trail would not go through. She had a new study stating the rail trail on a rail-bed is the most in sales in decrease of anything else can do to a home. There are alternate routes to be looked in to.
Steve Mitchell, 11 Hop Hollow, said he is a business owner of 384-436 Hopmeadow Street. He is overwhelmed by the generosity of the booth at the September Fest. It is amazing of how many people in Town want to get this done. His motivation is that he doesn’t want anyone to be hit by a car while crossing Hopmeadow as he was hit on a road very similar. It is up to the Board to do the right thing.
Sarah Roth of Mather’s Crossing said they have a danger also as the entrance and exit of their road is going to bisect the trail. She thinks this is an accident waiting to happen.
Diane Green, 10 Ridge Road, is a new resident of Simsbury and lends her support to the Selectmen. The qualities of this Town are important to her and her family. No matter where we put progress there is always pain and suffering. She hasn’t heard anyone say they don’t want the bike trail. Not everyone wants it in their backyard and she understands that, but the Town needs to look at the bigger picture for the whole of the Town. No matter what decision is made there will be people who won’t agree.
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Mr. Vincent said he would allow an extra comment from people who spoke before, but only for one minute.
Lee Wilder said it’s not going to be possible to have a dialogue, but the different comments made here tonight have made her head swim. To those who are in opposition to the proposed rail-bed, they obtained documentation for that. They have addressed legitimate requests as homeowners.
She said the letter from the Executive Director of the Rails-to-Trails endorses the waterway location. Hazelmeadow is in a flood plain zone and the Core of Engineers has addressed them.
Marilyn Katz said she moved here from West Hartford 7 years ago. She said she walked her dogs at 11 p.m. and there were several undesirable people out walking there. She decided to move to Simsbury. She was never told that the house was going to be part of Rails-to-Trails. She used to ride her bike in West Hartford and she is still here.
A women said while she was riding her bike along the path in Avon and Farmington there were neighborhoods in condos that put in access roads to the bike trail. There are people who feel it is desirable to be in a bike path. There wasn’t as much traffic back then as there is now.
A man said there is an option of a jug handle off the rail line, but the rail-bed is the flattest, straightest, most direct route, and that’s the road people will seek out.
Joan Coe, said Ralph Harnet will be President of Ensign-Bickford until October 1st and Mike Long will be interim President until the position is filled. Could all these changes reflect the closing of the company and the loss of tax revenues? Her questions go unanswered.
Ms. Coe said most of the stores in Simsmore Square do not have Certificates of Occupancy. Is this a public safety issue?
Ms. Coe said tax abatements have been given away to several businesses in Town who have improved their property. Several thousands of dollars have been reduced in revenues to Town in a three year period.
She said there was a notice on CPTV that Social Services was giving a $100 WalMart certificate to needy families for back to school clothing. However, it appears there is no restriction on it’s use.
Ms. Coe said the Human Resource Director was given severance pay which consisted of her salary from July 30- Dec. 31st, all insurance, vacation time, etc. and any increase in salary prior to Dec. 31st.
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Mr. Mandell made motion, Ms. Gilkey seconded to move agenda Item 3 to number 1. All were in favor and the motion passed.
PLANNING AND LAND USE
Mr. Vincent said Mr. Sawitzke was there to answer any questions under Planning and Land Use.
He said this is an item to review and possibly approve a motion to proceed to final design for Section SI-5 of the Farmington Valley Greenway, Project No. 128-128, as presented at a Public Hearing on July 27, 2004.
Mr. Hampton made motion authorizing the staff to proceed to final design. Ms. Gilkey seconded the motion.
Mr. Hampton thanked everyone who talked about this very important issue. None of the decisions made are no-brainers. He feels it is important to move forward with this project even after looking at possible alternatives. This will enhance the quality of life for the entire community. He assured the community that the Board would do everything they can to make this project a positive part of their lives.
Ms. Gilkey said it’s been made quite clear to the Board that we cannot afford to loose this funding. In order for this to go through it has to been in conjunction with the plan that the State has put on the table. She said she would vote for this plan as she doesn’t want it delayed and doesn’t want to have to spend more money than necessary.
Mr. Garrity said he has always been in favor of the trail. People will always be upset if they purchased a house by a right-of-way. All alternatives went by someone else’s house and they didn’t buy property along a right-of-way. He feels the Board needs to be consistent and they will do their best to shield property so it won’t have such a large impact, however, it is a right-of-way.
Mr. Romano said he appreciates everyone being here and their comments. He supported the people of Hazelmeadow as they needed to get answers for alternatives. He voted twice for this project and will vote for it again. He agrees that we can’t afford to loose the funding. Hopefully this will be done quickly.
Mr. Mandell said he would vote in favor of the trail. He has always kept an open mind when discussing the trail. He wants it done right and feels this plan is the right plan even after reading every piece of information he has received. The Board will work with the homeowner’s along the trail and give them every bit of privacy we possibly can, we will not spare anything.
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Mr. Vincent thanked everyone for the opinions and their privacy. There is one approved trail that is ready for final design. There is also money available for buffering and fencing to help isolate the trail from abutting homeowners. He will also vote in favor of the trail as presented.
All were in favor of the motion to approved final design of the trail as presented.
Mr. Mandell read the announcement from the Simsbury Women’s Club who will be holding its 35th annual Arts and Crafts Festival on September 18 and 19 from 10-5, rain or shine.
FINANCE
Mr. Mandell made motion to approve the tax refunds in the amount of $24,974.34. Ms. Gilkey seconded the motion. All were in favor and the motion passed.
Mr. Vincent said there was a bond authorization of $500,000 which was approved at a Special Town meeting in 2002 to provide qualified businesses with reimbursements for info-structure improvements. There is a request for reimbursement for $56,150.00 from Holloways, LLC for the cost of a 30-inch pipe to a 54-inch pipe. This pipe should be used to properly accommodate future development on the property located west of Hopmeadow Street.
Ms. Gilkey made motion to approve the request as outlined. Mr. Mandell seconded. All were in favor and the motion passed.
Mr. Vincent said there is a request for tax abatement for property located on 141 West Street pursuant to the resolution approved by the Board regarding establishment of a Tax Abatement Program. This application falls under the base abatement for the new construction program, if approved, provides a tax benefit of 40% in the first year, 30% in the second year and 20% in the third year. The total abatement value for this first year of this program is $2,201.00.
Mr. Mandell made motion to approve the abatement as submitted. Mr. Garrity seconded the motion. All were in favor and the motion passed.
LEGISLATIVE
Mr. Vincent said he and Brandon spoke to Bob Decresenzo today and the draft ordinance has to be changed a little. Therefore, he would like this item tabled until the next meeting.
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SOCIAL SERVICES
Mr. Vincent this is to review and possibly authorize the First Selectman to enter into an operating assistance agreement with the Hartford Transit District for funding assistance for the 2003-04 dial-a-ride program. The amount of assistance received would be $3,476.00.
Mr. Mandell made motion to authorize the First Selectman to enter into the Operating Assistance Agreement. Mr. Garrity seconded the motion. All were in favor and the motion passed.
PERSONNEL
Mr. Vincent said the Personnel Sub-Committee was unable to meet tonight due to a scheduling conflict. This item will be moved to the next meeting.
CORRESPONDENCE
Mr. Vincent said there was a request to use Town property for the Farmington Valley Music Foundation’s Stuart Hall Fall Music Festival. Mr. Romano made motion to approve this property subject to the acquisition of a public gathering permit. Mr. Garrity seconded the motion. All were in favor and the motion passed.
Mr. Garrity made motion to approve the Fire District’s request to use Town property for the Antique Fire Apparatus Show on October 2, 2004. Ms. Gilkey seconded the motion. All were in favor and the motion passed.
Mr. Vincent said he received a request from D.A.R. to use Eno Memorial Hall for their fund-raiser. The D.A.R. would like approval to serve alcohol subject to local and State approvals.
Mr. Mandell made motion to approve the request of the Abigail Phelps Chapter of D.A.R. to use Eno Memorial Hall for their fund raiser on November 13, 2004 and waive rental fees, but not custodial fees. Ms. Gilkey seconded the motion. After some discussion, all were in favor and the motion passed.
Mr. Vincent said he received a request from HARC to use Iron Horse Blvd. on May 15, 2005 for an event. Mr. Garrity made motion to approve the request subject to the acquisition of a public gathering permit. Mr. Garrity seconded the motion. All were in favor and the motion passed.
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RESIGNATIONS AND APPOINTMENTS
Mr. Mandell made motion to approve the resignation of David Ryan from the Economic Development Commission. Mr. Romano seconded the motion. All were in favor and the motion passed.
Mr. Garrity made motion to approve Sarah Gilbert, Dana Katz, and Julie Reed to the Youth Services Bureau Advisory Board. Ms. Gilkey seconded the motion. All were in favor and the motion passed.
Mr. Mandell made motion to approve the appointment of Mark Deming to the Economic Development Commission. Mr. Hampton seconded the motion. All were in favor and the motion passed.
Ms. Gilkey made motion to appoint Nathan D. Woodberry to the Recycling Committee. Mr. Romano seconded the motion. All were in favor and the motion passed.
SUB-COMMITTEE REPORTS
There were no reports at this time.
LIAISON REPORTS
Mr. Hampton said the Tarrifville Village Association had their second annual festival on August 28th and it was a huge success. He congratulated them and encouraged everyone to get involved.
Mr. Hampton also wanted to congratulate the Chamber of Commerce for the great job on September Fest. It was a great weekend, which gets better every year.
APPROVAL OF MINUTES
Mr. Mandell made motion to approve the regular minutes of August 9, 2004. Ms. Gilkey seconded the motion. All were in favor and the motion passed.
Ms. Gilkey made motion to approve the minutes of the special meeting on August 24, 2004. Mr. Mandell seconded. Mr. Hampton and Mr. Vincent could not vote as they were not at the meeting. Everyone else was in favor and the motion passed.
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Mr. Vincent gave Ms. Coe another opportunity to speak.
Ms. Coe said another employee was paid severance pay plus insurance with the citizen’s money.
She said on September 14, 2004, the public will be asked to spend 1.9 million dollars for a track and field at the High School. She will not be able to attend this meeting, but would vote no on this project. She feels this project should be reviewed again before voting. The time for this meeting will be at 7 pm not 7:30 pm.
Ms. Coe said the Simsbury Farms revenue budget has a loss of about $100,000 from the golf course revenues. She doesn’t understand why they are allowed to run a deficit.
She also asked about signs along the road receiving permits to post them.
She will post her comments on Simsbury.com.forum.
Jerry Litner asked the Board to step up during public audience because of the behavior and personal attacks. The Board tries to be too much of a “good guy”. He feels it is disrespectful to allow people to talk to the Board in that way. He asked that they look at the Charter to figure out how to handle this problem.
ADJOURNMENT
Mr. Mandell made motion to adjourn at 8:42 p.m. Ms. Gilkey seconded. All were in favor and the motion passed.
Respectfully submitted,
Kathi Radocchio
Clerk
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