Simsbury, CT - Board of Selectmen Minutes

TOWN OF SIMSBURY

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

The Regular Meeting of the Board of Selectmen was held in the Eno Memorial Hall Auditorium on March 12, 2007. In attendance: First Selectman Thomas Vincent; Board members Joel Mandell, Moira Wertheimer, John Romano, John Hampton and David Ryan. Others in attendance included: Attorney Bob DeCrescenzo, Kevin Kane, Paul Henault, Hiram Peck, David Gardner, and Nicholas Mason, and other interested parties.

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

Mr. Vincent said the first order of business was to hold a Public Hearing pursuant to Section 404 of the Town Charter. Public comment will be received concerning the proposed ordinance entitled: “Tax Credit Program for Elderly and Totally Disabled Homeowners.”

Mr. Mandell read the following Notice of Public Hearing: “ Pursuant to Section 404 of the Town Charter, notice is hereby given that two public hearings will be held on March 12, 2007 beginning at 7:00 p.m. in the Eno Hall Auditorium. The Board of Selectmen will receive public comment concerning the following: 1) Proposed ordinance entitled “Tax Credit Program for Elderly and Totally Disabled Homeowners”; and 2) Proposed ordinance entitled “Reimbursement for Unusual Expenses for Land Use Applications.” Copies of the proposed ordinances are on file in the Town Clerk’s Office and at www.simsbury-ct.org. Thomas E. Vincent, First Selectman.”

Mr. Vincent said the first public hearing is entitled “Tax Credit Program for Elderly and Totally Disabled Homeowners.” The Board of Selectmen referred this item to the Board of Finance for review and recommendations as required by the Statutes governing this process.

Mr. Vincent said the Board has three options in respect to this proposed ordinance: 1) to approve the ordinance in its current format, which will make it effective 21 days after it is published; 2) no action taken; and 3) the Board can review and make recommendations to the Board of Finance concerning the form of the ordinance they referred to this Board.

Mr. Vincent said the Board of Selectmen can only act on the ordinance as referred by the Board of Finance.

Mr. Mandell opened the Public Hearing at 7:07 p.m. Ms. Wertheimer seconded the motion. Mr. Vincent introduced Attorney DeCrescenzo.

Attorney DeCrescenzo said the authority to adopt this ordinance is found in the General Statutes 12-129n, which authorizes municipalities to provide by ordinance a property tax relief program for homeowners 65 or older and permanently and totally disabled. The local approval process is set out in the Statute. It requires for a local plan of tax relief the executive authority appoint a committee to study and investigate such property tax relief. Based on the study, a report must be given to the Board of Finance. The report must include at least a fiscal effect of the proposed plan on property tax revenue. It must also include recommendations with respect to the form and extent of the proposed plan.

Attorney DeCrescenzo said the report must be given to the Board of Finance within 60 days of the appointment date of the committee. This deadline has been met. The Board of Finance considers the report and then make a recommendation to the Board of Selectmen for a specific program.

Attorney DeCrescenzo said the Board of Selectmen can only act on the recommendation as presented to it by the Board of Finance. He said if the Board of Selectmen contemplated any changes to the presentation, they would have to go back to the Board of Finance.

Mr. Henault, Chairman of Board of Finance, thanked everyone who worked on this project. He also thanked the public for their attendance tonight.

Mr. Henault said on November 21, 2006 the Board of Finance received the proposal from the Tax Relief Committee. On December 19, 2006 the Board of Finance discussed the proposal. On January 16, 2007 there was Public Audience regarding the program. They then put together some recommendations. On February 13, 2007 they unanimously voted to move the proposal to the Board of Selectmen.

Mr. Henault said there were some changes made to the existing Town program. This program has been in place since about 1991. There were some improvements made to the older program. The maximum income limits were raised for married and single by at least 20%. Single income was raised from $14,401 to $19,400 and married from $28,800 to $35,300.

Mr. Henault said the homeowner income went from $40,301 to $45,300, which means the current town credit, which is zero, will now be $500.00.

Mr. Henault gave some examples of Canton and Avon tax relief programs, which would both be less than Simsbury. Mr. Henault said they would like this program to take effect on July 1, 2007, with the application deadline of May 15, 2007.

Mr. Henault said this proposal would have benefit increase ranges from $100 to $500; increased income limits to $45,300 (limits adjusted annually); same income limits for married and single; benefit tax credit figured directly from income; about 100% more in total tax credits; and it begins with the next tax bill.

Mr. Henault said the Board of Finance feels this is a good balance for everyone.

Robert DeSmith, 29 Madison Lane asked that written statements be included with the minutes of this meeting. His statement is attached. He feels the recommendations made by the Senior Tax Relief Committee were totally modified by the Board of Finance as presented to the Board of Selectmen. These are not the recommendations of the Committee.

Mr. DeSmith feels that the State Statute sub-paragraph (b) of this provision is not being followed properly. He does understand that there are limits on how much Towns can support senior tax relief. He feels Simsbury can do better and feels this issue should be referred back to a new Committee. He feels the Board of Selectmen should assess their priorities and in light of the projected changes in revenue collection provide the Committee with guidelines to follow with regard to maximum percentage of the Town budget that they would approve relative to any Senior Tax relief proposal.

John Farrell, 1 High Gate Lane, said he objects to the plan because of the income limits. He feels the income limits should be raised to make it realistic.

Dick Dodd, 12 Lewis Street in Tariffville asked how many people knew that there was already a State program for Seniors. He said no one was ever told this before – it is a shock to everyone. He also asked what income means – gross or net.

Mr. Gardner said this adjusted gross income plus taxable social security is income. Social Security is not counted twice. The income is dictated by State Statute.

Roger Urkovich, 47 Canton Road, said he has been a taxpayer for 44 years. He feels the seniors are outraged and angry as the income limits are way below standards. He feels the Board needs to do something about it.

Mr. Urkovich said he has heard that seniors might organize to create Seniors of Simsbury, Inc. to address the needs of seniors. He feels there are not enough benefits for seniors. He urged the Board of Selectmen and Board of Finance to reject this proposal as the Committee didn’t recommended.

Ken Jackson held up a poster and wants his taxes reduced or frozen. He has gone to School budget meetings and people have told him to move if he can’t afford to live here. He said if he sells his house, with four bedrooms, the Town would lose $25,000. If 100 citizens leave it would cost the Town $2,500,000.

Mr. Jackson said if he were to lose his house his wife wouldn’t be able to afford to live there. His social security would be taken away and his pension would be lost.

Mr. Jackson said he is very disappointed with this new proposal. He feels the soccer moms (families with kids) rule this Town. The say they are willing to pay more taxes for better schools and programs. The seniors want relief as they have paid taxes for a long time and they want it now.

Pat Sotis, Shingle Mill Road, said median income a few years ago was $75,000. Seniors are assisting in raising their grandchildren. The cost of gas, oil, electricity and medical expenses have skyrocketed. How do we expect seniors to live on a $20,000 Social Security. They are being forced out of this Town and State. This proposal is a drop in the bucket. Where can $500 be spent? She feels freezing taxes for seniors would be a good proposal.

Guy McDonough, 1 Cardinal Road, said he served on the Committee and they put their heart and soul in the proposal to help seniors. They tried for balance, and feel this proposal is better than nothing. Yes, it is not ideal, but it is feasible. He said the Town is trying and hopefully they can do better next year. If the proposal is killed, where do we then start from.

Richard Martinik, 5 Main Street Ext., Tariffville, said he feels there should be a freeze on property taxes at the age of retirement. His comments are attached.

John Sorich, 23 Redstone Drive, said seniors are the builders of the community, in which they live and enjoy their lives. He has contributed a lot to the Town and government. He said they are not taxes on gross income, but adjusted income.

Mr. Sorich wants to stay in his home. He feels the High School was renovated unnecessarily. He would like seniors to have a meaningful break now as they deserve it.

Noris Christensen, Shingle Mill Road, said he was also on the Tax Relief Review Committee. He said the Committee worked on this issue for two months and researched it well. He feels seniors do need tax relief.

Mr. Christensen said the Board of Finance sliced the Committee proposal to 1/3 of what they wanted. He feels this proposal should be supported and next year maybe more can be done.

Michael Rinaldi, Pinnacle Mountain Road said he doesn’t need senior tax relief. The seniors need substantial tax relief . Waterbury has fixed taxes and Simsbury should take action to fix taxes also. He feels these figures are insulting.

Mr. Rinaldi said the seniors have supported the school system for years and it is now their turn to get help. He feels the seniors should form their own Tax Committee to block everything the Board brings to them.

Brian Downs, 20 Deepwood Road apologized for being the reason for making taxes so high. He understands the hardships of seniors. He is a student at Simsbury High School and knows where the tax money has gone. The school is a wonderful place that cultivates young minds to do better for the community. He thanked the seniors for helping him and other students and for their sacrifices.

Ashley Lane, 135 Old Farms Road said he is not a senior. He feels this proposal is a fraction of what was presented by the Committee. The seniors are burdened with a disproportionate tax burden.

Mr. Lane feels the Board of Selectmen should reject the proposal and send it back to the Board of Finance with recommendations that they restore the points as recommended by the Senior Tax Relief Committee. He also agrees with Mr. DeSmith about the Board of Finance has exceeded with its authority by changing the recommendations.

Lucy Temperelli, 18 Wescott Road said senior taxes should be frozen. The new families with children moving in should pay more taxes.

Sue Brothbank, 7 Kay Circle said she noticed that the residency requirements were changed. One year is too little, five years is too little. It should be 25 years.

Arthur Baron, Crest View Road, Tariffville said the Board should reject this proposal unanimously.

Joan Coe, 26 Whitcomb Drive said taxes are high for everyone. We must tax and spend as a public policy. The State needs to look at curving spending. This Board should lobby for tax reduction with the Legislature. They have a five step program.

After asking if anyone else wished to speak, Mr. Mandell made motion to close the Public Hearing. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Romano made motion to open the Second Public Hearing pursuant to Section 404 of the Town Charter for the proposed Ordinance entitled “Reimbursement for Unusual Expenses for Land Use Applications” at 8:15 p.m. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Attorney DeCrescenzo said they have been asked to review the proposed ordinance entitled “Reimbursement for Unusual Expenses for Land use Applications”. He said General Statutes 8-1c permits Land Use Commissions to establish a schedule of reasonable fees for the processing of applications by municipal Zoning Commissions, Planning Commissions, Zoning Board of Appeals, and Inland Wetlands Commission.

Attorney DeCrescenzo said court determined fees schedules are allowed as long as they are reasonable and directly related to costs incurred for land use applications. There are some concerns about the ordinance as presented. There are approximately 30 communities that have such ordinances.

Mr. Peck made a presentation of the proposed ordinance. He said they are trying to provide for an objective for a peer review of an applications expert consultants. It would also lesson the burden on the average tax payer for the cost of the application processing.

Mr. Peck said there are other Towns that have an ordinance similar to this one.

Joan Coe, 26 Whitcomb Drive feels that the applicant should pay for the review. She feels the fees are low and should be increased.

Bruce Elliott, 21 Lincoln Lane said he supports this proposal. His comments are attached. He feels the Town staff can represent a certain level of capacity to properly evaluate proposals, but there are occasions where they need more expert help.

Mr. Elliott urged the board to vote to adopt this new ordinance on behalf of himself, the SHARE Steering Committee, and his friends.

Alan Needham, 2 Basswood Lane, said he is speaking for Save our Simsbury.org, and supports the proposed ordinance. He feels the developers should pay for a consultant. He feels the public should be able to ask questions of the consultant. Mr. Peck should be the gatekeeper. He said this is a balanced and fair ordinance.

John Loomis, 500 Firetown Road said he is the Chairman of the Planning Commission

and they have access to the professional staff of the Town. Ordinarily that is sufficient, but with large, complex applications they will need further specialist help. Therefore, he supports this ordinance.

Sue Bednarczyk, a member of the Planning Commission, said they had a land use attorney a long time ago and their own budget line items. They could also hire any consultant they needed. She feels a level playing field is also needed now. She feels this ordinance is a start, but this issue needs to be looked into further.

With no one else wishing to speak at the Public Hearing, Ms. Wertheimer made motion to adjourn the Public Hearing at 8:35 p.m. Mr. Mandell seconded the motion. All were in favor and the motion passed.

PUBLIC AUDIENCE - REGULAR MEETING

Joan Coe, 26 Whitcomb Drive said once again she has not received answers to her questions from the last Board meeting. She spoke about the Hartford Advocate article of March 1-7, 2007 about the many lawsuits alleging misconduct for all parties at the Eno Farms Affordable Housing Complex.

Ms. Coe also spoke about several articles published stating 540 Hopmeadow Street was rebuilt after a fire damaged the entire building is going to house the Simsbury Library during their remodeling process.

Ms. Coe spoke about her feeling that the Town website is not serving the community by having minutes not posted in a timely manner.

Ms. Coe once again would urge this Board to deny the Chamber of Commerce’s application for a permit to sell alcohol at Septemberfest. She also spoke about the Meadowwood project. All of her comments are attached and can also be read on Simsbury.com/forum.

Mr. Hampton made motion to approve the tax refunds in the amount of $1,256.53 for the period covering February 21 - March 7, 2007. Mr. Ryan seconded the motion. All were in favor and the motion passed.

b) Proposed Ordinance

Ms. Wertheimer made motion to accept the Board of Finance recommendations on the proposed ordinance entitled “Tax Credit Program for Elderly and Totally Disabled Homeowners.” Mr. Mandell seconded the motion.

Ms. Wertheimer thanked everyone for the help with this issue. This is a priority to the Town. The Board is trying to balance all of the priorities of the Town. She feels this is the fiscal and responsible way to look at this program. This is a starting point for this program and should be looked in to again in the future. She will support the recommendation.

Mr. Romano thanked everyone who was involved with this process. He is disappointed with the final proposal. He would like this to go back to the Board of Finance and have a special meeting to look at this discussion further. He wants more given back to the seniors. However, we need to have something now.

Mr. Mandell said he found it interesting that people weren’t aware of the program that is in place now. He said the Board needs to make the public more aware of the State and Town programs in place. He will reluctantly vote in favor of this ordinance as he wants to have something done now and doesn’t want this issue killed.

Mr. Hampton said he agrees with Mr. Romano. He asked that the Board of Finance reconsider the recommendations as they are not meaningful enough. He feels that the Committee had made reasonable recommendations.

Mr. Ryan said he is disappointed in the level of tax relief being proposed. He is afraid to risk everything done this year so far. He will support this motion, but would like more analysis done.

Mr. Vincent thanked everyone who worked on this proposal. He said there is a 60 day deadline to do something. He said there is a tough balancing act to run a Town. The

Town needs to do more to help the community. He will support this proposal and will move forward in a positive manner in form of tax relief.

There were four in favor of the proposal and two against. Therefore, the motion passed.

PLANNING & LAND USE

Mr. Mandell made motion to adopt the proposed ordinance entitled “Reimbursement for Unusual Expenses for Land Use Applications.” Ms. Wertheimer seconded the motion.

Mr. Ryan said he was opposed as it provides a blank check for the Town to ask for more help. This ordinance is open ended and non-specific and provides too much discretion in Land use and will get us into legal trouble. Also, the EDC is against this proposal.

Mr. Hampton said he is in favor of this ordinance as it is healthy for the Town.

Mr. Mandell is unclear about ordinance. It is his understanding that this ordinance will not stand the rigors of the General Statutes or the CT Supreme Court. He would like this ordinance to go back to the drawing board for further discussion. He agrees with the concept, but it needs the correct language.

Mr. Peck and Attorney DeCrescenzo said they would be happy to meet to discuss this further. Attorney DeCrescenzo said this could be tabled for two weeks to let them discuss this further.

Mr. Romano said he is in favor of tabling this issue for language changes.

Ms. Wertheimer said she would like to table this issue tonight.

Mr. Vincent said he would also support the tabling of this issue.

Mr. Mandell made motion to table this issue. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made a motion to adopt the following resolution: BE IT RESOLVED, that the First Selectman, Thomas E. Vincent, is authorized to enter into an agreement on behalf of the Town of Simsbury with the Department of Transportation of the State of Connecticut for the Elderly and Disabled Demand Responsive Transportation Expanded Program, and to affix the Town Seal thereon.”

Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

a) Farmington Valley Trails Council

Mr. Hampton made motion to permit the Farmington Valley Trails Council to utilize Town property for an event scheduled on June 2, 2007 as requested. Mr. Ryan seconded the motion. All were in favor and the motion passed.

b) Simsbury Chamber of Commerce

Mr. Ryan made motion to permit the Simsbury Chamber of Commerce to utilize Town property for the annual Septemberfest event and to approve the serving of alcoholic beverages as presented. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Hampton said the Tourism Committee held a film forum on February 28, 2007. He said this was a great session.

Mr. Hampton said the Simsbury Farms Complex Committee met last week discussing creative ways to increase revenues.

Mr. Hampton said there are people working on a memorial to Martin Luther King with a Martin Luther King in Simsbury Committee.

Mr. Mandell said Memorial Day will be here before we know it and the Parade Committee is working on the parades.

SUB-COMMITTEE REPORTS

Mr. Hampton said Public Safety will meet March 15^th at 7 am in Town Hall.

Mr. Mandell said the Personnel Sub-Committee is in process of a step 4 grievance hearing which will hopefully conclude tomorrow evening.

RESIGNATIONS AND APPOINTMENTS

Mr. Mandell made motion to accept the resignation of Sharon Craig from the Economic Development Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to accept the resignation of Christine Sovik form the Culture, Parks and Recreation Commission. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to re-appoint Rev. Melvyn W. Kawakami to the Simsbury Housing Authority. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to re-appoint Melvin Cote to the Simsbury Housing Authority. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to appoint Sally Rieger, Joan Allen, and Marjorie Winters to the Wild and Scenic River Study Committee. Mr. Mandell seconded the motion. All were in favor and the motion passed.

APPROVAL OF MINUTES

There are no minutes to approve at this time.

Mr. Ryan made motion to adjourn at 9:30 p.m. Mr. Romano seconded the motion. All were in favor and the motion passed.

Respectfully submitted,