Simsbury, CT - Board of Selectmen Minutes

The Regular Meeting of the Board of Selectmen was held in the Main Meeting Room of the Simsbury Town Offices on March 26, 2007. In attendance: First Selectman Thomas Vincent; Board members: Joel Mandell, Moira Wertheimer, John Romano, John Hampton, and David Ryan. Others in attendance included; Brandon Robertson, Attorney Bob DeCrescenzo, Hiram Peck, and other interested parties.

Mr. Robertson said there will be a MetroHartford Alliance Seminar “Economic Development for Public Officials” on March 29^th. This will be held at the High School at 6:30 p.m. The public is also invited.

Mr. Robertson said Simsbury will be hosting a Community Forum on April 5^th at Eno Memorial Hall at 7:00 p.m. Speakers will include Colleen Palmer, Timothy Abbott, and Fred Carstensen.

Mr. Robertson said the Town will host Thomas Hennick, the Public Education Officer of the Freedom of Information Commission at Simsbury High School on April 10^th. Mr. Hennick will be presenting the requirements of the FOIA and answering questions.

Mr. Robertson said the Connecticut Town and City Manager’s Association will hold its annual meeting at the Simsbury Inn on June 8^th. This event consists of a seminar by the International County/City Manager’s Association and a social component.

Mr. Robertson said the Simsbury will host a program sponsored by the University of Connecticut Center for Continuing Studies. This is a program that was developed by Town Managers of Granby, Farmington, Avon and Simsbury.

Mr. Robertson said the Town offers qualified retirees the option of enrolling in a Medicare Supplement program once they reach age 65. The program is designed to supplement the Medicare program which provides primary coverage.

Mr. Robertson said the Town’s Voter Canvas Program is currently underway. There was an error on some of the canvas cards that were sent out. The Printing Company will fix the error with no cost to the Town.

Mr. Robertson said the Aquarion Water Company has expressed an interest in donating the property located at 6 Station Street to the Town. This is the site of the old Police Department. They ceased operation on this property in November of 2005. The Town Attorney is drafting a purchase and sale agreement for Board approval.

Mr. Robertson said the Library closed its doors on March 12^th and the move to the temporary site was underway. This has been a very complex project. Ms. Bullock and her staff have done an excellent job in coordinating and executing this move.

Mr. Robertson said Gerry Toner told him the Pro Shop at the Simsbury Farms Golf Course is now open and season passes are available. Also, summer program registration is currently underway. Anyone can register by going on the website: www.simsburyrec.com.

Mr. Robertson said the Planning Department continues to process applications for items large and small. Their activities have included the processing of the approval of the Riverview Banquet Facility. All approvals are now in place and they are awaiting the submission of the final plans for the building permit approval.

Attorney DeCrescenzo said the target date for the closing is April 1^st for the 424 acre track of land, three parcels. There have been $900,000 in D.E.P. grants awarded and the Trust for Public Land has raised 2.75 million dollars as well as the 8 million from the Town of Simsbury. The draft agreement is now checked. The Town bond sale will probably occur in about a week or so. The final documents will be ready for the Board’s review soon.

Robert Kalechman, 971 Hopmeadow Street doesn’t agree with the purchase of the Ethel Walker property. He feels the Town needs street lights, sidewalks, sewers, etc. and it is a waste of taxpayers’ money.

Joan Coe, 26 Whitcomb Drive said she has not received any answers to her previous questions. She felt the Board should have stopped the person yelling to stop her from speaking at the meeting at Eno Hall. She feels this is the time for professional management.

John Lucker, 88 Blue Ridge Drive spoke about an ordinance debated on to require developers to pay for studies for issues in development proposals that the land use commissions consider too complex or resource intensive for the Town to adequately address with Town resources. His comments are attached.

Diane Nash, 5 Merrywood said everyone said TPL and Keep the Woods couldn’t raise money for the Ethel Walker project, but they did. The people were collectively successful, which is an example of everyone working together.

After some questions Mr. Peck said he is trying to respond to the FOI request as soon as possible. He is trying to get it done, but wants it done properly. He will complete his response within the next few days.

Mr. Peck said there are two major points. The Board had a letter of resolution and map on the issue of this zone change from R-40 to B-3 on property located at Hoffman Auto Park at 28-44 Albany Turnpike and Markie at 395 West Mountain Road. The Zoning Commission approved this resolution.

After some discussion Mr. Vincent made motion to approve the revised resolution subject to final revisions with the Town attorney to some wording. Mr. Ryan seconded the motion. All were in favor and the motion passed.

The Board has a proposed agreement with Ethel Walker School for use of school property for community gardens. This allows members of the community to reserve a plot for their use during the growing season.

Mr. Mandell made motion to approve the First Selectmen to execute this agreement with the words “non-revolving party” being changed to “non-revoking party.” Also, the fourth bullet would read “this agreement is a non-exclusive license revocable at any time by either party upon written notice to the non-revoking party.” Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell read the following resolution: “RESOLVED, that Thomas E. Vincent of the TOWN OF SIMSBURY be and hereby authorized to execute on behalf of the TOWN OF SIMSBURY a Grant Agreement and Conservation and Public Recreation Easement and Agreement under the Open Space and Watershed Land Acquisition Program with the State of Connecticut for financial assistance to acquire permanent interest in land known as ETHEL WALKER SCHOOL OPEN SPACE, OSWA -297 and to manage said land as open space land pursuant to Section 7-131d of the Connecticut General Statutes. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the tax refunds in the amount of $4,729.32 for the period covering March 7 - 21, 2007 as submitted by the Tax Collector. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to set the date of April 23, 2007 for a Public Hearing pursuant to Section 404 of the Town Charter to add a new Section entitled A 106-47 to Section A 106 of the Town Code of Ordinances entitled “Personnel Rules & Regulations.” This would be held at 7:00 p.m. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Robertson spoke about this issue. This is about the Simsbury Fire District’s payment to the Town. He said we have found that our Dispatch Center can handle the call volume related to emergency medical dispatch services internally. Therefore, the Town has informed the District that it is their intent to terminate the agreement effective June 30, 2007.

The Town has agreed to a revised formula with the District that accurately reflects the value of the services that the Town provides. Beginning with the fiscal year 2008, we propose that the Town bill the District the value of 1.55% of their tax levy. This would equate to revenue of $39,864 for the fiscal year 2008.

Mr. Hampton made motion to approve the First Selectman to execute a letter of agreement with the Fire District as presented. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Vincent said the Firm of Updike, Kelly and Spellacy, P.C. has kept the same rate for services since 1998. They are now asking that the $85,000 annual retainer fee be increased to $100,000 and their hourly rate for off-retainer fees be increased from $200 to $250 per hour.

Mr. Mandell made motion to approve the increase of the retainer to $100,000 and off-retainer fee to $250 per hour beginning on April 1, 2007. Ms. Wertheimer seconded the motion. After some discussion, five were in favor and one was opposed.

Ms. Wertheimer made motion to approve the agreement between Metropolitan District Commission and the Town of Simsbury as presented. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Vincent will check with Mr. Sawitzke about a September date being used for the collection. There was also some discussion on propane tanks. Mr. Mandell would like 20 lb propane tanks included, but with a fee not to exceed $10.

Ms. Wertheimer made a motion to approve the Fair Housing Policy Statement as printed in the packets. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to adopt the following Fair Housing Resolution: “Whereas, All American citizens are afforded a right to full and equal housing opportunities in the neighborhood of their choice; and

Whereas, State and Federal Fair Housing laws require that all individuals, regardless of race, color, religion, sex, nation origin, ancestry, marital status, age, mental or physical disability, lawful source of income, sexual orientation, familial status, be given equal access to rental and home-ownership opportunities, and be allowed to make free choices regarding housing location; and

Whereas, the Town of Simsbury is committed to upholding these laws, and realizes that these laws must be supplemented by an Affirmative Statement publicly endorsing the right of all people to full and equal housing opportunities in the neighborhood of their choice.

NOW THEREFORE, BE IT RESOLVED, that the Town of Simsbury hereby endorses a Fair Housing Policy to ensure equal opportunity for all persons to rent, purchase and obtain financing and adequate housing of their choice on a non-discriminatory basis: and BE IT FURTHER RESOLVED, That the First Selectman of the Town of Simsbury of his/her designated representative is responsible for responding to and assisting any person who alleges to be the victim of an illegal discriminatory housing practices in the Town of Simsbury.

Mr. Mandell made motion to reappoint Patricia Carbone to the Tourism Committee as a full member. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to reappoint Thomas Sharpless to the Conservation Commission as an alternate member. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to accept the resignation Colleen M. Yates from the Simsbury Housing Authority. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to accept the resignation of Linda Kennedy from the Design Review Board. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to appoint Charles Stephenson as a full member of the Design Review Board. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Hampton said he attended the Friends of the Town Farm Dairy annual meeting last week. This was a celebration of another great year for preserving one of the great farms.

Mr. Ryan made motion to adjourn to executive session pursuant to C.G.S. 1-200 (D) and 1-200 (8) at 8:45 p.m. Mr. Hampton seconded the motion. The purpose of the executive session was to discuss the acquisition of property owned by the Ethel Walker School and to discuss a pending claim concerning Joseph Jurczak. The Executive Session was adjourned at 9:20 a.m. by unanimous approval.