Simsbury, CT - Board of Selectmen Minutes

TOWN OF SIMSBURY

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

FEBRUARY 26, 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, John Hampton, and David Ryan. Others in attendance included Brandon Robertson, Hiram Peck and other interested parties.

Mr. Vincent called the meeting to order at 7:00p.m.

Ms. Wertheimer made a motion to add item 2a for reimbursement for unusual expenses for land use applications. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Bill Miller, 45 Blue Ridge Drive, said he is a member of SHARE. He said SHARE supports responsible development in Simsbury. He feels the Big Box development in Simsbury is irresponsible and would turn Rte.10 in to a four-lane highway. They gathered 2,210 signatures to cap the size of retail stores in Town to 40,000 square feet.

They have resubmitted their application to the Zoning Committee, after changing some wording.

Mr. Miller said that 80% of the people they approached understood the issue and were happy to sign. About 10% wanted Big Box with the other percentage just didn’t want to sign a petition.

Mr. Miller said Brad Mead summarized, at the last Planning Commission meeting, that there isn’t one resident opposed to size caps on retail stores. The question is what is going on here as there are some planning commissioners that are in favor of Big Box.

Mr. Miller said when Mike Goman of Konover Development approached the homeowners with his idea for a Big Box on Rte. 10 he indicated that Bill Voelker and the Town approached him. Mr. Miller said he then came to Town Hall to see what the process would be and obtained an initial draft of the Town plan and it included a special district on Konover’s property paving the way for Big Box development. He mobilized residents and the draft of the Town plan was changed to limit the size of retails stores in special districts. There was overwhelming support by the residents. Only a few Town officials were opposed of the cap. In December the votes were switched, without an explanation, and there was a deadlock.

Mr. Miller said Konover hired the Chairman of the Zoning Commission, Mike Bradley, to be it’s real estate agent for the property in question. This was kept hidden from public view. At the end of 2005, SHARE asked public officials to fill out the conflict of interest forms, the Zoning Chairman stated no conflicts. He said, finally in April of 2006, the Chairman admitted he was the real estate agent for Konover on this site. He then resigned after public uproar.

Mr. Miller said the Zoning Commission, in August 2006, submitted new zoning regulations creating a new type of zone which once again fitted Konover’s development purposes. He doesn’t understand why. The residents don’t want Big Box. After another uproar they shelved the plan.

Mr. Miller said SCTV started airing a Konover infomercial. He feels this is wrong. He said it was his understanding that Mr. Vincent’s reaction was that maybe SHARE could do some programming themselves. Mr. Miller said they don’t have that kind of money. Simsbury has an excellent school system and a charming Town and people don’t want Big Box. He asked that each Selectmen state their position on cap on size for developments on zoning regulations as residents want to know.

Jewel Gutman, 8 Daniel Lane, representing the Board of SCTV, said there has been a complaint filed objecting to the Konover infomercial on a development on Rte. 10. The Board feels that this particular information is the same information that is going to the Land Use Commission. They feel the public should hear the information as well.

Ms. Gutman said the Board of SCTV does understand that the people of SHARE feel they should have denied the opportunity to present this. However, they felt very strongly that this was public information. This was a very professional type of public information and they are willing to have debate about this issue on SCTV. They would like to televise a debate between the members of SHARE and the people interested in the development. She said the Board of SCTV is not taking a position on this matter, but it does feel that this is public information and the community should have it. She said there was no financial benefit to SCTV for this.

Mr. Vincent said there is a process for people to follow if they object to a show.

Gerry Lintner, 22 Masaco said SCTV is fulfilling their responsibility . He volunteers to do a 2 – ½ hours shows a month. The Board members of SCTV do have a very demanding job. There is a process to go through when complaining. Mr. Lintner said the charge of the public access station is that any resident brining anything to the station, unless pornographic and has no redeeming social value as a result of the pornography,

must be put on the station. These hard working volunteers shouldn’t have to take this stress and accusations that they have a conflict of interest.

Mr. Lintner said there was an article in the Hartford Courant from a Simsbury resident. He belief was that if you truly believe in a democracy and a participatory government you encourage free speech. This makes sure that every point of view gets represented. He respects all of the time the Board gives.

Mr. Lintner said a poor job was done, by the Board, on the “Keep the Woods” project. He feels not enough information was given on the issues. Residents should not be intimidated. He is asking for clarification of communications between Boards and residents. SCTV should be used to inform and educate everyone.

Robert Kalechman, 971 Hopmeadow Street showed a picture of Corporal Jason Dunham, who was given the Metal of honor for giving his life.

Mr. Kalechman said he wrote two letters, one for the Post and one was in the Simsbury Living. He said the Board was going to discuss the firm of Robinson & Cole and if they should be put on the payroll. He said Section 806 and Section 408 of the Charter were going to be discussed. He said maybe attorneys should be called in to see what is going on here.

Mr. Kalechman said there are two members of the Board of Education who support the Big Box. Don’t they have a conflict of interest? Mr. Kalechman said the people don’t want Big Box so it shouldn’t be allowed here. There is a Charter to be followed and this involves conflict of interest.

Mr. Kalechman asked the Board to keep the budget where it should be. Don’t just accept the 4% increase. There are expenses at the Board of Education that should be cut. Mr. Vincent explained that this Board does not oversee the Board of Education budget. If Mr. Kalechman has a complaint on their budget he needs to talk to the Superintendent.

Bruce Elliott, 21 Lincoln Lane said he was the one who filed the complaint with SCTV about the Konover promotional content. He feels it is inappropriate to show a 30 minutes commercial on SCTV. He feels the policies and procedures of SCTV state in 9 (a) that you cannot show commercial content. He feels this program was inappropriate.

Mr. Elliot said he does appreciate SCTV. However, he feels this show was objectionable. This only benefits Konover. Policies and procedures of SCTV should be followed. He is looking forward to hearing from the Board of Directors from SCTV on his complaint.

Joan Coe, 26 Whitcomb Drive said she still hasn’t received any answers to her previous questions to the Board.

Ms. Coe said on February 20, 2007 CHFA send a notice to renters at the Eno Farms Housing Complex stating “Due to a default that exists in the underlying mortgage, CHFA finds it necessary to step in and assert its rights to possession the control under the mortgage documents. CHFA is also commencing legal action against the owner of Eno Farms, Eno Farms Limited Partnership, Vancorp Property Management Services. Also terminating the management agreement between EFLP and Vancorp. Property Management Services, Ltd. CHFA has appointed Konover Residential Corporation as the new management company for Eno Farms. Eno Farms Cooperative Association has no legal right to demand that you pay rent to it. This letter also informs EFLP, Eno Farms Limited Partnership and Vancorp that it not longer is permitted to collect rents from you. If you have any questions regarding this letter, do not call the Town of Simsbury.”

Ms. Coe said that since the Town has the fiduciary responsibility under the Eno Trust and is responsible for the mortgage payments, what is the First Selectman doing to protect the taxpayers from payments of defaulted mortgage payments. What happens to the tax credits given to the investors in the equity fund? Where do the renters submit their re-certification document as required for the tax credit? She was told there would be an article in the Hartford Advocate Wednesday on this issue.

Ms. Coe said she recently received a three page e-mail attachment that alleged that Captain Sevetz from the Simsbury Police Department has had a pattern of conduct towards his wife and children that would put them in danger. There were allegations of him driving under the influence.

Ms. Coe said she spoke to Chief Ingvertson about this e-mail attachment and was told he called DCF and Attorney James Thomas to investigate the allegations. She asked the Chief to put the Captain on paid leave until this issue gets resolved. The day after she received a letter from the Captain’s attorney stating she would be sued for slander if she divulged information. She felt threatened by the Attorney’s letter. She did this to protect the family and Town. Ms. Coe said Captain Sevetz sued her for liable in 1989.

Ms. Coe said there have been other allegations of misconduct brought to the oversight Boards and Commissions. She feels no resident should be afraid of a lawsuit for this.

Ms. Coe spoke about the infomercial from Konover. She said Konover is not a non-profit organization. She feels SCTV should not have aired this commercial. She asked if it is a violation of their license. Are there conflicts of interest here?

Ms. Coe said after listening to the presentation from the Friends of the Town Farm Dairy she cannot believe that the Board embraced this project. She feels the Town is at risk for a huge liability. The Attorney General’s office has not signed off on this project. This is a bad decision based on good intentions. All of her comments will be posted on Simsbury.comforum.

Diane Nash, 5 Merrywood said there was plenty of debate, discussion and disclosure on the Ethel Walker issue. She said there was a great article in the Hartford Courant, which showed the great job done by a grassroots organization when they want something done. They work hard when they believe in something. This is a success story of the people of Simsbury. She thanked the Town government for all of their hard work on this project.

Mr. Mandell asked how the campaign to raise money for this project was going. Ms. Nash said they are down to about 200,000 and they will have all of the money by March 15^th.

Mr. Romano said that during the last budget phase, he brought up a thought about the privatization of the golf course. He gave the Board members a written review of different courses with pros and cons. It is his intent to provide the residents of Simsbury a very good golf course, good tax revenue, and is beneficial to the taxpayers. He would like to review this issue in the future. He would also like this information to be shared with Culture, Parks and Recreation and the Complex Committee.

Mr. Hampton made motion to approve the tax refunds in the amount of $1,558.48 for the period covering February 7, 2007 – February 21, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Proposed Ordinance – Public Hearing

Mr. Vincent said the Board of Selectmen had appointed a Committee to investigate possible recommendations to the Board of Finance for a Tax Credit Program. The Committee completed their investigation and presented their recommendations to the Board of Finance. The Board of Finance reviewed the recommendations and made adjustments. The Board has the new proposed Tax Credit Program for Elderly and Totally Disabled Homeowners. This program would be effected on the 2006 grand list which would impact the 7-1-07 bills.

Mr. Hampton made a motion to hold a Public Hearing on March 12, 2007 at 7 p.m., as required by the Charter, to consider this ordinance entitled “ Tax Credit Program for Elderly and totally Disabled Homeowners.” Ms. Wertheimer seconded the motion.

Mr. Romano said he feels March might be too soon to hold a Public Hearing. Many elderly people won’t come out in the winter. He would like to hear from everyone. Eh feels more people will come in April. He thanked the Board of Finance for looking at the packages submitted. He is a little disappointed in what has been brought forward.

Mr. Hampton said this is a fraction of what the proposal was and he is disappointed as well. He feels there needs to be more than one Public Hearing.

Mr. Vincent said if this gets delayed, it will not be affected on July 1, 2007. The purpose of the Public Hearing is to approve it as presented, don’t approve it, or send it back for change. If it is sent back for change, the process to get back to another Public Hearing and approvals will go past May 15^th, which is the deadline to submit forms.

After further discussion, all were in favor of the Public Hearing date of March 12, 2007 at 7 p.m. This should be posted on the website.

Mr. Romano made motion to approve the $20,000 gift from the American legion Tomalomis Hall Post 84, pursuant to the Gift Ordinance, to use for the purchase of defibrillation machines. Mr. Mandell seconded the motion. All were in favor and the motion passed. Mr. Mandell said the Post would like to make a formal presentation in the near future.

PLANNING & LAND USE

Mr. Vincent said the request for proposal was issued for Land Use Counsel pursuant to Section 806 of the Simsbury Town Charter. This is in respect to a proposal for Simsbury River Oaks which may be forthcoming.

Mr. Peck said he sent out requests for proposals and received seven responses. He would like to retain this firm as they have experience in planning and zoning issues and have a broad diversity of talent within the firm. He said he would try his best to minimize usage of this firm. There is no retainer.

Mr. Mandell made motion to approve the appointment of Robinson & Cole as special Counsel pursuant to Section 806 of the Simsbury Town Charter. Mr. Romano seconded the motion. All were in favor and the motion passed.

b) Ground License Agreement

Mr. Peck asked that the Selectmen adopt the ordinance for reimbursement for unusual expenses for land use applications. The expertise that is needed in some cases to analyze large and complex applications may go outside of Town staff expertise. This would allow a balance in terms of review for all applications. This will be used on an exceptional basis.

Mr. Mandell made motion to hold a Public Hearing on March 12, 2007 to discuss this issue. This would be item b of the Public Hearing. Mr. Romano seconded the motion.

Mr. Ryan noted that the EDC was against this proposal as they feel this would be a serious problem in encouraging economic development in Town. Mr. Peck said they will be a process for appeal as well. Mr. Mandell said other Commissions and Board need to be added in the language.

After further discussion, five were in favor and one was against.

Ground License for Pharos Farm

Mr. Robertson said the Town of Simsbury entered into a Ground License Agreement with George Hall in April 2002. This provided him with the ability to farm approximately 32 acres known as Pharos Farm. This agreement expired on March 31, 2006 and the First Selectman approved a continuation of the agreement on a year to year basis for 2005 and 2006.

Mr. Hall submitted the only proposal for the property at this time. Mr. Robertson said he is recommending that the agreement be approved by the Board. This agreement will expire in 2010.

Mr. Ryan made motion to appoint the First Selectman to execute the agreement with Mr. Hall with the additional paragraph, 13d. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell said the Personnel Sub-Committee updated job descriptions for the degree of experience needed. There are no new positions in their proposal.

Mr. Mandell made motion to approve the Water Pollution Control Process Control Operator revised job description to T-9 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the WPCF Plant Operator III position to T-8 as presented. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the WPCF Plant Operator II position - T-7 as presented. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the Heavy Equipment Operator/Operator II T-7 as presented. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the Plant Mechanic position T-7 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Public Servant Award

Mr. Mandell made motion to nominate, to the Chamber of Commerce, William Garrity for the 2007 Public Servant Award. Mr. Ryan seconded the motion. Everyone feels this is a great choice as he does a lot for the community. All were in favor and the motion passed.

RESIGNATIONS & APPOINTMENTS

Aging & Disability Commission

Mr. Mandell made motion to appoint Mary Ellen Long to the Aging & Disability Commission term ending January 1, 2011. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to reappoint Charlotte Steptoe, as a full member, to the Aging & Disability Commission with term ending January 1, 2011. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to reappoint Kathleen Fallon, as a full member, to the Aging & Disability Commission with term ending January 1, 2011. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to reappoint William Tyszka, as a full member, to the Board of Ethics with term ending January 1, 2011. Mr. Romano seconded the motion. All were in favor and the motion passed.

Economic Development Commission

Mr. Mandell made motion to reappoint, Charles Minor, as a full member, to the Economic Development Commission with term ending January 1, 2012. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Hampton said the Tourism Commission will be sponsoring a Forum on film in Simsbury on the 28^th at 7 p.m. at Eno.

Ms. Wertheimer said the Simsbury High School Chorus and the Simsbury Town-wide Chorus are being honored by performing at the National Music Educators National Conference in Hartford on March 10^th. Good luck to both of them.

SUB-COMMITTEE REPORTS

Public Safety – Mr. Hampton noted that there is a Public Safety meeting on March 15^th.

Finance – Nothing at this time.

Welfare – Nothing at this time.

Personnel – Nothing further at this time.

APPROVAL OF MINUTES

Mr. Ryan made motion to approve the minutes of the Budget Workshop on February 1, 2007. Mr. Romano recused himself . Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the minutes of the Regular meeting of February 12, 2007. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Romano made motion to adjourn at 8:30 p.m. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Respectfully submitted,