TOWN OF SIMSBURY
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
FEBRUARY 12, 2007
The Regular Meeting of the Board of Selectmen was held in the Main Meeting Room of the Simsbury Town Offices. Present were: First Selectman Thomas Vincent; Board members Joel Mandell, Moira Wertheimer, John Romano, David Ryan and John Hampton. Others in attendance included Brandon Robertson, Richard Sawitzke, Gerry Toner, Bill Dryden, Joan Coe, Robert Kalechman and other interested parties.
CALL TO ORDER
Mr. Vincent called the meeting to order at 7:00p.m.
PUBLIC AUDIENCE
Mr. Kalechman, 971 Hopmeadow Street spoke about the remarks he read on Eno Hall this morning from Mr. Romano.
Mr. Kalechman said he asked if he could make comments on Resignations and Appointments. Mr. Vincent said he could speak about it now or during that time.
Mr. Kalechman said the Eno Hall air conditioning was voted on in September of 2002. He sent a letter to the Hartford Courant on September 18th. He asked when this project would be completed. He said the Board approved $85,000 for the air conditioning only. He said the Board of Finance changed the motion, that doesn’t confirm to Roberts Rules. There was a study asked for also. He said the seniors want this project should be completed by April 16, 2007. He doesn’t understand why the project is still being delayed.
Joan Coe, 26 Whitcomb Drive, said she feels she never gets answers to her questions from the Board of Selectmen. She asked that they review the budget process further. She feels things like the Main Street Partnership, Visitors Bureau and Youth Center, etc. should not be supported by taxpayers. She said Simsbury has one of the mil rates.
Ms. Coe asked why there will be a full time clerical position in the Building Department. She also wanted to know why the Planning Department needs a Land Use Enforcement Officer. These expenses could have unintended consequences.
Ms. Coe said the golf course and other venues should be self-sufficient.
Ms. Coe said the Board should review the options on the “Poor Farm”, Town Farm Dairy. The Attorney General did not give approval for the Friends of the Town Farm Dairy plan. She feels there should be a community garden on the land. This would be a direct benefit to the poor.
Ms. Coe said options should be looked at for this property.
Ms. Coe asked why the taxpayers are going to pay $25,000 for the Babe Ruth dugout that was damaged at Town Forest. She asked why the Land Trust is asking for $100,000 after the budget process. She feels this should be denied.
Ms. Coe gave the Board a picture of the garbage can at Simsbury Farms paddle courts that shows alcoholic beverages. She said it appears that there is an accessive use of alcohol at the property and feels the policy should be reviewed again. She feels that there should be agenda item to discuss alcoholic beverages on Town property.
Ms. Coe said all of her comments can be read on Simsbury.com forum.
WILLIAM WALSH PROPERTY - WOLCOTT ROAD
Mr. Robertson said this property concerns the use of 48 acres of Town property under lease to William Walsh which expires on January 31, 2008. Mr. Walsh pays $100/month of usage fees.
Mr. Robertson said the Friends of the Town Farms Dairy have become a 501 (3)©) non-profit organization and would like some direction of where to go with the property. He said the Town has a fiduciary responsibility to adhere to the deed restrictions.
Mr. Robertson said what they foresee is a development memo of understanding between the Town and the Friends that would help to structure the transition through the process as Mr. Walsh is turning over more and more of his operational responsibility to the Friends. He said there are a lot of options out there and they should all be looked at. All details need to be worked out including insurances.
Mr. Romano said the Welfare Sub-Committee visited the site. After reviewing Mr. Robertson’s document, he just learned that the Friends would be taking over the operations. He isn’t sure why Mr. Walsh wants this done now.
Mr. Robertson said he and Mr. Vincent spoke to Mr. Walsh on several occasions and they believe this is his wish. Roles and responsibilities are being shifted now. They need to put structure around everything to make sure everything is done correctly.
Mr. Dryden, President of the Friends of the Town Farm Dairy said they are talking about a working, self-sustaining dairy farm that conforms to the terms of the Eno Deed. They provide the milk program for the needy and farm employment.
Mr. Dryden said this also involves environmentally sound care and use of Town land. This also includes educational opportunities and historical preservation.. He feels this property is a jewel. He said a sole proprietor cannot provide the capital for this property.
Mr. Dryden said with the Friends of the Town Farm Dairy becoming a 501 (3)©) organization they can access funding. They are looking for an economic and feasible plan for this property.
Mr. Dryden said the Friends had fund raisers to take care of the administration part of the Farm and to make it work. He said there was a USDA grant received as well.
Mr. Dryden asked if the Board and Town wished to pursue the use of the property under this plan. This is what needs to be discussed.
Mr. Dryden said the operation is certified organic now and other land could also be certified in the future if the Town wants it to be. The Friends are just trying to help Mr. Walsh keep the property going. They have also hired a farm couple to run the operations.
Mr. Vincent said the lease with Mr. Walsh expires on February 1, 2008 so this issue needs to be discussed now to move it forward. The Friends are maintaining and improving the operations for Mr. Walsh at this time. Mr. Vincent said he would ask Mr. Walsh to come before the Board as well.
After further discussion, Ms. Wertheimer made motion to authorize the First Selectman to execute a letter, similar to the draft included in the 2/12/07 packets to the Board, to the Attorney General’s office and to have the Town staff work in the process as well. Mr. Romano seconded the motion.
Mr. Ryan said he spoke to Mr. Walsh as few months ago and he told him he reconstructed the barns and everything. Most of his effort was with his own money. He know realizes that he isn’t in a position to have any equity in his business. Therefore, he decided to move on now.
Mr. Ryan is a little concerned about having a non-profit organization to take over this property. There is a survival issue to think about. He loves the vision and would love to see it sustainable and workable. He does want the Eno Trust terms followed.
Mr. Vincent said that the Town Attorney decides how to read the trust with the Attorney General’s interpretation.
After further discussion, all were in favor and the motion passed.
FINANCE
a) Tax refunds
Mr. Mandell made motion to approve the tax refunds in the amount of $27,467.52 for the period covering January 17, 2007 - February 7, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
b) Simsbury Land Trust
Mr. Vincent said Dick Davis, President of the Simsbury Land Trust was here to ask for a grant in the amount of $100,000.
Mr. Davis said he was her to ask the Board to consider a grant in the amount of $100,000 to purchase 80 acres of land at the Masters School property. He showed the Board a map of the exact land they would like to purchase. This land purchase would include permanent trail rights across the remaining campus and a right of first refusal should the school decide to sell additional land in the future.
Mr. Romano said they should have asked for the money when they started in May, prior to the budget. Mr. Vincent said the money isn’t coming out the budget process, but would be done on the budget we are in right now. Ms. Wertheimer said the Open Space Committee was in favor of this purchase.
Mr. Mandell said a year ago there was some concerns about conflicts of interest. After some discussion, he sent a letter to the Board of Ethics on his behalf as he belongs to the Land Trust Commission. He was told that his membership in organizations does not represent a conflict of interest for discussion or voting purposes, as long as he is not an officer, member of the Board, or other governing function of this organizations. Mr. Mandell said he is not an officer and will vote on this issue.
After some discussion, Mr. Romano made motion to move the issue of the grant of $100,000 for the purchase of property at the Masters School to the Board of Finance. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
c) Greenway
Mr. Sawitzke said the bids came in higher than expected on the warning devices on Rte. 10. This means that there needs to be a First Supplemental Agreement for additional funds for the State.
Mr. Mandell read the following resolution: “ Resolved, that Thomas E. Vincent, First Selectman, be and hereby is, authorized to sign the agreement entitled “First Supplemental Agreement to the Original Agreement Dated April 27, 2005 Between the State of Connecticut and the Town of Simsbury for the Construction, Inspection and Maintenance of the Greenway Crossing of Route 10 Utilizing Federal Funds Under the Enhancement Component of the Surface Transportation Program.” ADOPTED BY THE FIRST SELECTMAN, OF THE TOWN OF SIMSBURY, CONNECTICUT, THIS 12TH DAY OF FEBRUARY 2007. “ Mr. Hampton seconded the motion. All were in favor and the motion passed.
d) Acceptance of Gift
Mr. Romano made motion to accept the gift of $4,103.00 from Stop and Shop, payable to the Social Services Department pursuant to Chapter 105 of the Code Ordinances of the Gift Policy. This donation would support the Food Closet and Cheese Day Program during the coming year. Mr. Ryan seconded the motion. All were in favor and the motion passed.
CULTURE, PARKS, AND RECREATION
Mr. Toner talked about the facility fees for the upcoming season at the Simsbury Farms Complex. The Culture, Parks and Recreation Commission and Simsbury Farms Complex Committee initiated the fee review and forwarded their recommendations to the Commission.
Mr. Toner said the feeling is to emphasize increase usage instead of higher fees. The are trying to keep the golf fees competitive. The pool fees are in line of where they have been.
Mr. Romano disagrees with no increases. There needs to be more revenue made. Mr. Ryan said he feels the rates are too low also.
Mr. Mandell said he feels the golf fees are good compared with other courses. The Town needs to be competitive.
Mr. Mandell made motion to accept the fees as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
MISCELLANEOUS
a) Professional Services Agreement
Attorney DeCrescenzo sent Mr. Robertson his comments on the draft contract for professional consulting services to prepare a Small Cities CDBG Grant application and administer the CBDG Grant, if awarded, between the Town and L. Wagner and Associates, Inc.
Mr. Robertson said Attorney DeCrescenzo stated that he feels the contract is sufficient for its intended purpose. However, he suggested addition contract language that makes it clear that the Town is not responsible for any fees under Article III of the Agreement if the grant is not awarded. Mr. Robertson said the grant paperwork just cannot be done in-house as there are too many requirements and severe consequences if something is missed.
After some discussion, Mr. Hampton made motion to approve the draft contract with L. Wagner and Associates, Inc. Mr. Ryan seconded the motion. All were in favor and the motion passed.
b) CCM Energy Purchasing Program
Mr. Robertson said in 1998 the electricity market was de-regulated. Now the Towns can obtain competitive bids for their supplies. He feels it is worth going to market to see how bids come back. He is very confident with going with CCM Energy as there is no obligation to the Town to sign a contract and there is nothing to loose.
Mr. Robertson said there is usually a 4 hour window of bid time to execute the electrical services contract. After some discussion Mr. Mandell made the following motion:
“BE IT RESOLVED, the Board of Selectmen hereby approves the cooperative purchasing of electricity through the CCM Energy Purchasing Program to take advantage of increase purchasing power of a collective purchasing group;
BE IT FURTHER RESOLVED, the First Selectman, in his sole discretion, is authorized to execute, on behalf of the Town, a retail electric supply agreement. Where practical, the First Selectman shall submit the agreement to the Board of Selectmen for review, however, if time does not permit such a review by the Board of Selectmen, the First Selectman is authorized to execute agreement, in which case the First Selectman shall provide the Board of Selectmen with a copy of the executed agreement and a report at the Board of Selectmen’s next regularly scheduled meeting;
BE IT FURTHER RESOLVED, any agreement executed pursuant to this resolution may be of duration of more than twelve months but shall not exceed sixty months.”
Mr. Hampton seconded the motion. All were in favor and the motion passed.
c) Library
Mr. Sawitzke said They went through different properties to see where space was available for the temporary office space for the Simsbury Library during their construction phases. The Library Board found customized space at 540 Hopmeadow Street. This agreement would be for 12 months, beginning March 1, 2007 with the ability to extend the time by up to two 3 month extensions, at the same price.
Mr. Ryan made motion to approve the lease for space at 540 Hopmeadow Street. Mr. Hampton seconded the motion. All were in favor and the motion passed.
d) Registrars of Voters
Ms. Wertheimer made motion to approve the request of the Registrars of Voters to change the First District Polling Place from Eno Memorial Hall to Henry James Memorial Junior High School, 155 Firetown Road. Mr. Mandell seconded the motion. All were in favor and the motion passed.
e) Simsbury Flying Club
Mr. Ryan made motion to approve the use of Town property by the Simsbury Flying Club on September 23, 2007 (rain date Sept. 30th) for the Annual Fly-in. Ms. Wertheimer seconded the motion. The parking fee is just a donation, not mandatory, that gets split between the Flying Club and Boy Scouts. Mr. Vincent will ask the Attorney General about the parking fee. All were in favor of the use of the property on that date and the motion passed.
SUB-COMMITTEE REPORTS
a) Public Safety - Mr. Hampton said the next meeting will be held on March 18th at 7 a.m. in the Main Meeting Room.
b) Finance - Mr. Vincent said the budget workshops have been completed. They will present the proposed budget to the Board of Finance on February 27th.
c) Welfare - nothing at this time
d) Personnel - Mr. Mandell said the Sub-Committee met tonight and they will present to the Board at the next meeting.
LIAISON REPORTS
Mr. Ryan said the EDC met last Thursday. The Metro Hartford Alliance is holding three events from now until June for Simsbury residents.
Mr. Hampton said the Tourism Commission is presenting a film forum on Feb. 28th from 7-9 pm at Eno Memorial Hall about tax benefits to Towns.
RESIGNATIONS & APPOINTMENTS
Aging & Disability Commission -
Mr. Mandell made motion to reappoint Gloria Knierim to the Aging & Disability Commission. Mr. Ryan seconded the motion. All were in favor and the motion passed.
Mr. Mandell made motion to reappoint Lynn Veith to the Aging & Disability Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Mr. Mandell made motion to reappoint Edward LaMontagne to the Aging & Disability Commission. Mr. Romano seconded the motion. All were in favor and the motion passed.
Mr. Mandell made motion to reappoint Mona Martinik to the Aging & Disability Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Board of Ethics -
Mr. Mandell made motion to reappoint Glenn Knierim to the Board of Ethics. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Building Code Board of Appeals -
Mr. Mandell made motion to reappoint Paul Holland to the Building Code Board of Appeals. Mr. Hampton seconded the motion. All were in favor and the motion passed.
Economic Development Commission -
Mr. Mandell made motion to reappoint Nancy Haase to the Economic Development Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Historic District Commission -
Mr. Mandell made motion to reappoint Constantine Caldeira to the Historic District Commission. Mr. Hampton seconded the motion. All were in favor and the motion passed.
Police Commission -
Mr. Mandell made motion to reappoint Carl Eisenmann to the Police Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Design Review Board -
Mr. Mandell made motion to reappoint Anthony Drapelick to the Design Review Board. Mr. Ryan seconded the motion. All were in favor and the motion passed.
Mr. Mandell made motion to reappoint John Carroll to the Design Review Board. Mr. Ryan seconded the motion. All were in favor and the motion passed.
Board of Ethics -
Mr. Mandell made motion to reappoint Kathleen Martin. Mr. Romano seconded the motion. All were in favor and the motion passed.
APPROVAL OF MINUTES
Mr. Hampton made motion to approve the minutes of January 22, 2007. Mr. Romano seconded the motion. After some corrections, all were in favor and the motion passed.
Mr. Romano made motion to approve the minutes of the Special Meeting of January 31, 2007. Mr. Ryan seconded the motion. After a correction, all were in favor and the motion passed with Mr. Vincent and Mr. Hampton abstaining.
ADJOURNMENT INTO EXECUTIVE SESSION
Mr. Mandell made motion to adjourn into executive session at 9:10 p.m pursuant to C.G.S. 1-200 (9); C.G.S. 1-200 (6); C.G.S. 1-200 (8). Ms. Wertheimer seconded the motion. All were in favor and the motion passed.
Present in Executive Session were the Board of Selectmen, Town Attorney, Robert DeCrescenzo and Brandon Robertson, Director of Administrative Services.
A motion was made to adjourn from Executive Session at 9:50 p.m. by Dave Ryan-seconded by Moira Wertheimer and unanimously approved.
Joel Mandell made a motion to authorize the Town Attorney to settle a pending claim with McLean pursuant to the terms as outlined in executive session (addenda 1). John Hampton seconded the motion and all were in favor.
Dave Ryan made a motion to adjourn the meeting at 9:52. All were in favor and the motion passed.
Respectfully submitted,
Thomas E. Vincent
Addenda 1
| 
