Simsbury, CT - Board of Selectmen Meeting

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, Attorney Bob DeCrescenzo, Hiram Peck, Attorney Bruce Barth, and other interested parties.

Mr. Vincent said the Simsbury Music Festival will be held May 1st, 8th, 15th, 22nd and 29th. He introduced Mr. Correia who spoke about the 5th year of the Music Festival. He said Eric Dudley will be the Composer in Residence on May 15 and May 22nd. Mr. Correia introduced Scott Hill and Carlos Boltes who played for the audience, which everyone enjoyed.

Mr. Barth made a presentation on GASB 43/45. He said these are new governmental accounting rules that take affect July 1st. GASB 45 provides that a Town must account for all it's retiree health liabilities or post employee benefits on or after July 1, 2007. They have to be accounted for on an unfunded or funded basis. Unfunded means you are only allowed to use an interest rate that is equivalent to the rate that the Town earns on its general funds which is about 3-4%. A funded basis means you need to create trusts to allow a higher discount rate which is about 6-8%. This would lower the liabilities.

Ms. Coe, 26 Whitcomb Drive asked where the 6-8% interest rate came from. Mr. Barth said this would be done prudently through a number of years. It would be a long term investment. Ms. Wertheimer said the Director of Finance will be the Director of the Trust and he is limited by the Connecticut General Statutes as to where to invest the funds.

After no further questions, Ms. Wertheimer made motion to close the Public Hearing at 7:08 p.m. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Rich Martinik, 5 Main Street Extension asked why a Public Hearing would be held 10 minutes before a decision is made on an issue. He also spoke about tax relief for the elderly. He is trying to figure out why they give earned tax credit to people who don't work, but are reluctant to give people who work all their lives tax relief. Mr. Martinik also asked who he would sue if he was injured on the Ethel Walker property if the deal goes through.

Marge Koslowski, 9 ½ East Tomstead asked why it is necessary to change the title of Senior Center Director to Coordinator. She feels that if it is changed they will not get a truly qualified person to apply for the position. She doesn't want the change in name to take place.

Joan Coe, 26 Whitcomb Drive said the Board has still not responded to her questions after every meeting. The Town finally did respond to her FOI request with a 395 page document full of "garbage."

Ms. Coe once again spoke about the Yackemore deficiency and the Zoning and Building code violations on 499 Hopmeadow Street. She asked about Konover management and Eno Farms affordable housing.

John Loomis, 500 Firetown Road, who is also the Chairman of the Planning Commission feels that a specialist should be used for certain planning and development issues. These people would make good decisions for the Town. He feels the ordinance should be passed.

Josh Singer, 32 Chestnut Hill Road said his Eagle Project is to remap the placement of American flags for the Memorial Day parade on Rt. 10, while making new flag holders of his design and PVC materials.

Mr. Singer feels this project will benefit the Town as about 40 flag systems have eroded. He has presented his plans to Rich Sawitzke, Town Engineer, who said he would help Mr. Singer. He feels this project will cost approximately $300 and is asking the Town to donate this money.

Mr.Mandell made motion to approve the request for the new flags and holders as presented by Mr. Singer with the provision that if the American Legion Post 84 will take on this expense the Town wouldn't have to. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Ryan made motion to approve the tax refunds in the amount of $366.11 for the period covering April 4 - 18, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the amendment to the Town Ordinance, as described, for the purpose of establishing a Retiree Health Care Trust. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to adopt the Retirement Health Care Trust with the Director of Finance becoming the Trustee of the Plan and the Board of Finance becoming the Administrator. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Vincent said this is a request to amend an agreement entitled "Cooperation Agreement, Housing for the Elderly between the Housing Authority of the Town of Simsbury and the Town of Simsbury, Simsbury Fire District and Simsbury Sewer Commission." This would reduce the annual PILOT payment to the Town from 10 to 8%.

Mr. Joseph Loewy, Business Manager for the Housing Authority said this agreement has been in place since 1973. They projected for the fiscal year of July 1, 2007 through June 30, 2008 the 1% reduction would result in about a 5,800 - 5,900 reduction. This money would be put back into capital improvements or replacements and maintenance.

Mr. Mandell made motion to authorize reduction in percentage in the PILOT agreement dated September 10, 1973, from 10% to 8%. Mr. Ryan seconded the motion. All were in favor and the motion passed.

"RESOLVED, that pursuant to Section 910 of the Charter, the Board of Selectmen calls the Annual Town Meeting for consideration of the budget to be held on the First Tuesday of May, May 1, 2007 at 7:30 p.m. in the Simsbury High School Auditorium, 34 Farms Village Road.

(b) FURTHER RESOLVED, that pursuant to Section 506 of the Charter, the Annual Town Budget shall be submitted to the voters in the manner provided by Said Section on May 15, 2007 between the hours of 6:00 a.m. and 8:00 p.m.

Attorney DeCrescenzo said there is a Statute that specifically authorizes Joint Public Hearings. This is voluntary for all Boards. There is no decision making at the Hearing.

Ms. Wertheimer made motion to set the date for the Public Hearing for May 14, 2007 at 7:00 p.m. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to set the date for Chapter 85 of the Town Code of Ordinance entitled "Fees" for May 14, 2007 at 7:00 p.m. Mr. Romano seconded the motion. All were in favor and the motion passed.

Attorney DeCrescenzo said he sent the nearly final draft for the acquisition of the Ethel Walker Land to the Board. He said there are three different parcels of land - a 283 parcel in the back, 90 acres for a cost of one million dollars, and a 50 acre parcel in the front. The TPL will sell this parcel for $1 to the Town after receipt of ownership.

Attorney DeCrescenzo said they have investigated title and the environmental conditions of the property and all parties are in agreement with the conditions. He feels the Town is ready to close if the resolution is approved. Closing would be within a week or two.

Ms. Wertheimer read a letter from the TPL to the Open Space Committee: "Dear Moira, on behalf of the Simsbury Land Trust I would like congratulate the Keep the Woods volunteers, Trust for Public Land and the Simsbury Board of Selectmen for their leadership in acquiring permanent protection and public access on a major portion of the Ethel Walker School. Now,and for many years to come, the community will benefit from this preservation of open space and

wildlife habitat and from the protection of a critical public water supply aquifer. This is a major accomplishment for the Town and the Trust for Public Land. It is a lifetime achievement for the many individuals at Keep the Woods who put so much of their time, money and effort into the project. The Simsbury Land Trust applauds the efforts of these leadership organizations and the residents of Simsbury who made this preservation hope a reality. Very truly yours, Richard A. Dean, President of the Simsbury Land Trust."

Mr. Mandell read the following resolution: "WHEREAS, on August 28, 2006, the Simsbury Board of Selectmen voted to acquire an interest in a 424 +/- acre tract of land from the Ethel Walker School in separate parcels of land: (1) a 283 +/- acre parcel in fee simple estate; (2) an option to purchase a 90 +/- acre parcel; (3) a conservation restriction on a 50 acre parcel; and (4) three ancillary parcels located at 42 Longview Drive, 186 Stratton Brook Road and a parcel on the south side of Stratton Brook Road in fee simple estate ("the Ancillary Parcels"); and

WHEREAS, on August 31, 2006, the Simsbury Board of Finance approved: (a) a $7 million dollar appropriation to fund the acquisitions of the 283 +/- acre parcel and the Ancillary Parcels, subject to referendum approval; and (b) a $1 million appropriation to fund the acquisition of an option on the 90 +/- acre parcel, both approvals being subject to approval of the acquisition contracts by the Board of Selectmen; and

WHEREAS, on September 5, 2006 the Simsbury Planning Commission issued its Report pursuant to General Statutes Section 8-24 approving the acquisition of the three interests in the parcels comprising the 424 +/- acre tract and the Ancillary Parcels; and

WHEREAS, on September 5, 2006 the Board of Selectmen (a) scheduled a Special Town Meeting for October 17, 2006; and (b) scheduled a Referendum for November 7, 2006 to consider and act on the two appropriations approved by the Board of Finance; and

WHEREAS, on October 17, 2006, the Simsbury Special Town Meeting considered and discussed the acquisition and the appropriation to acquire the 283 +/- acre parcel and the Ancillary Parcels for $7 million before adjourning to the November 7, 2006 Automatic Referendum as required by the Simsbury Town Charter, and

WHEREAS, on October 17, 2006, the Simsbury Special Town Meeting considered and approved the appropriation of $1 million for the purchase of an option on the 90 +/- acre tract of land; and

WHEREAS, the Town and the Trust for Public Land ("TPL") have agreed that TPL will contribute $2.75 million of its private funds toward the purchase of a conservation restriction over the 50 +/- acre parcel of the 424 +/- acre tract of land; and

WHEREAS, the Town and TPL have agreed that TPL will use its $2.75 million in funds to acquire a Conservation Restriction over the 50 +/_ acre portion of the 424 acre tract immediately adjacent to Bushy Hill Road; and

WHEREAS, prior to the closing on the acquisition of The Ethel Walker School land, the Simsbury Board of Selectmen is required to: (a) approve all contracts and related acquisition documents necessary to complete the transaction; and (b) authorize their execution by the First Selectman.

A. The Simsbury Board of Selectmen approves the following contracts and related acquisition documents, including exhibits to the documents, and that the First Selectman, THOMAS E. VINCENT, of the TOWN OF SIMSBURY be and is hereby authorized to execute on behalf of the TOWN OF SIMSBURY the contracts and related accusation documents, in a form to be approved by the Town Attorney prior to execution:

1. Purchase and Sale Agreement between the Town of Simsbury and the Trust for Public Land entitled,"Agreement for Sale and Purchase of Real Estate", for the 283 +/- acre parcel and Ancillary Parcels to be acquired in fee simple estate for $7 million; and

2. Purchase and Sale Agreement between the Town of Simsbury and The Ethel Walker School entitled," Agreement for Sale and Purchase of Real Estate", for the 90 +/- acre parcel to be acquired in fee simple estate under an option to purchase for $4.1 million with a $1 million deposit; and

3. Purchase and Sale Agreement between the Town of Simsbury and the Trust for Public Land entitled, "Agreement for Sale and Purchase of Real Estate", for the 50+/- acre parcel to be acquired as a Conservation Restriction for $1.00; and

4. Conservation Restriction from the Town of Simsbury to the Trust for Public Land in favor of the Trust for Public Land for the 283 +/- acre parcel to be held in escrow pursuant to the contract

5. Easement Agreement between the Town of Simsbury and the Ethel Walker School in favor of the Ethel Walker School for the 283 +/- acre parcel and the 90 +/- acre parcel; and

6. Conservation Restriction form the Town of Simsbury to the State of Connecticut in favor of the State of Connecticut for the 283 +/- acre parcel and the 90 +/- acre parcel.

B. The Town of Simsbury accepts dedication of the temporary Conservation Restriction from The Ethel Walker School to the Town of Simsbury in favor of the Town of Simsbury over the 90 +/- acre option parcel.

Kevin Kowalski, Civil Preparedness Director said the fire danger is high even with all the rain we had. He said the Town had a three part emergency as heavy rain spread through the Town. There were several flooded basements, Riverside Road was closed and they had to rescue a resident from their car.

They went door to door to try to evacuate people in danger and terminated power, for safety, on Drake Hill Road. They had a great coordinated effort with CL&P throughout the storm.

Mr. Kowalski said all emergency systems worked as planned. FEMA will be in Town tomorrow to review the damage. He thanked everyone for their help throughout the storm.

Mr. Vincent thanked Mr. Kowalski and the volunteers along with all of the Town Departments for their help. They always step up to the plate during critical times for a well coordinated effort.

Mr. Mandell said this was brought to the Board before, after the Committee and Mr. Robertson worked on revising it. This has now been approved by the superintendent and the Sub-Committee.

Mr. Mandell made motion to adopt the job description entitled "Administrative Secretary 1 - Water Pollution Control Facility - Grade T6." Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell said the Sub-Committee did take a second action. They did not initiate the change in this title. This came from the Social Services Director. He would now like to table this after hearing public comments. The duties are not being changed and this is not to degrade anyone.

Mr. Vincent said the only change in the Agreement is the name change. After some discussion Mr. Mandell made motion to table this item as it was just received tonight. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the dates of the Talcott Mountain Music Festival. The dates are July 3rd, 4th, 13th, 20th, and 27th. Ms. Wertheimer seconded the motion. Mr. Hampton asked if the agreement was completed. Mr. Vincent said it is almost finished. All were in favor and the motion passed.

a) Mr. Mandell made motion to appoint Terry Boulton of the Tourism Committee as a full member. Mr. Ryan seconded the motion. All were in favor and the motion passed.

b) Mr. Mandell made motion to accept the resignation of Greg Piecuch from the Planning Commission. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

c) Mr. Mandell made motion to accept the resignation of Constantine Caldeira from the Historic District Commission. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Hampton said the Sub- Committee is sponsoring a forum called Simsbury 911. This is a public safety panel that will answer questions and give directions to residents on how to handle emergency situations. This forum will be held on Thursday, May 3rd at Eno Hall at 6:30 p.m.

Mr. Ryan made motion to adjourn to executive session at 8:40 p.m. pursuant to C.G.S. 1-200 (9) to discuss the status of pending litigation concerning the Eno Farms Cooperative Association. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.