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. Present were: First Selectman Thomas Vincent; Board members Joel Mandell, John Romano, Moira Wertheimer, David Ryan, and John Hampton. Others in attendance included Attorney Bob DeCrescenzo, Hiram Peck, Paul Henault, Mickey Lecours-Beck, Richard Sawitzke, Sarah Floroski, Chief Ingvertsen, Ed LaMontagne, and other interested parties.

Mr. Vincent announced that Kevin Kane, the Director of Finance and Town Treasurer received a certificate of achievement from the Connecticut Finance Officer Association for excellence in financial reporting. He has received this certificate for the past three years now.

Mr. Mandell, from the American Legion Tomalonis-Hall Post 84, along with Ben Walker, Len Lanza, Bob Gauthier, Dick Dart and Leslie Case, presented the Simsbury Police Department a check for $20,000 to purchase new defibrillators. Mr. Case said this money came from the sale of the hall after investing it.

Chief Ingvertsen accepted the check, saying that in 1999 Jack Bannon from "Heart Starters" donated defibrillators. This check will now allow them to purchase 8-9 new defibrillators for their cruisers. The defibrillators they have are now outdated and cannot be upgraded due to new regulations. The new defibrillators will be able to be upgraded when regulations change. This donation is greatly appreciated.

Mr. Case also presented Josh Singer with a check for $350 for an Eagle Scout project to repair the flag holders, which he presented to the Board on April 23.

Mr. Mandell noted that the Memorial Day Parade is ready to go thanks to VFW Post 1926 and American Legion Post 84. The Tariffville parade will start at 9 am and the Simsbury parade will start at 1:30 p.m. on Monday, May 28, 2007. He hopes that everyone stays for the ceremonies after each parade.

Mr. LaMontagne, Chairman of Aging & Disability Commission thanked the Commission for the assistance with the award process and also McLean who is sponsoring this award. Mr. LaMontagne said it is part of the Commission's plan of action to recognize citizens who made a difference in the lives of seniors and persons with disabilities.

The Ability Awareness Award was presented to Peg Bergethon. She is the founding member of FAVARH and member of the Commission since 1973. She organizes the picnic in the park program as well.

Mr. Romano opened the Public Hearing on "Joint Public Hearing" Section 404 of the Town Charter at 7:13 p.m. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Attorney DeCrescenzo said this ordinance authorizes many agencies, such as Planning Commission, Zoning Commission, Inland Wetlands and Conservation, Zoning Board of Appeals, and Board of Selectmen to hold a joint public hearing. Each agency is responsible for their own notices of the public hearing. The ordinance requires each agency to vote separately within their own agencies. This ordinance makes it clear that multiple agencies can hold a single public hearing as long as the ordinance is followed.

Ms. Wertheimer made motion to close the Public Hearing at 7:15 p.m. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Romano made motion to open the Public Hearing on Chapter 85 of the Town Code of Ordinances entitled "Fees" at 7:16 p.m. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Attorney DeCrescenzo said he received comments about the draft ordinance, which he has summarized for the Board. The proposed ordinance is to allow for land use agencies to assess supplemental fees for large and complex applications. The fee would be paid by the applicant.

Attorney DeCrescenzo said there were comments about the applicant being included in the proposed fee structure. The process would allow the Town staff would recommend the fee to the agency and they would propose the fee to the Board of Selectmen to approve or disapprove.

Attorney DeCrescenzo suggested a revision to the proposed ordinance which would be added to the end of paragraph (b) "prior to the submission of the proposed fee to the Board of Selectmen, the Land Use Agencies or Land Use Agency shall give notice of the proposed fee to the applicant and provide the applicant with an opportunity to comment on the scope and amount of the proposed fee."

Attorney DeCrescenzo also noted that a definition establishing a fixed standard for "large and complex" projects could be inserted into the draft ordinance based on the size of the project site, expressed in acres, the projected dollar value of the completed project or potential impact on public facilities such as schools and road systems.

Attorney DeCrescenzo also said that the following language could be added to the end of paragraph (a) "The requested technical assistance shall directly pertain to the statutory jurisdiction of the Land Use Agencies or Land Use Agency requesting the supplemental fee. The requested supplemental fee shall be limited to the documented actual cost of retained technical consultants."

Attorney DeCrescenzo said that there were some complaints that the supplemental fees could be too high. This is a policy choice for the Board of Selectmen. He said language to provide a scale for increases could be added. One of his proposals is (a) for fees of $10,000 or less, 1.50%; (b) for fees of between $10,001 and $25,000, 125%; (c)for fees in excess of $25,001, 110%.

Attorney DeCrescenzo said that another suggestion was that the ordinance should require the Town to share the costs of the supplemental experts. He said this proposed change is a policy choice of the Board of Selectmen.

Attorney DeCrescenzo said there are not a lot of litigations on these types of ordinances. They are trying to implement something fair, reasonable, and objective.

John Loomis, 500 Firetown Road, Chairman of the Planning Commission asked the Board to consider this proposed ordinance. He feels this is good decision making.

becomes very important as there are fewer parcels available in Town. The Commissions need resources to make good decisions for the Town. He also feels it is a good idea for the developers to pay the fee.

Tom Rechen, a member of the EDC said they are opposed to this ordinance. They feel it is a mistake to set long term policy based on 1-2 anticipated applications. He said the EDC fees this ordinance places another hurdle in the process and discourages developers. Other Towns offer amenities to developers for competitive balance.

Sue Bednarcyk, member of the Planning Commission said this ordinance just formalizes agreements and helps the members of the Commissions. She feels this ordinance is a good idea.

Tom Pedrotty, President of Ensign-Bickford Realty, said this ordinance adds significant development costs to the projects and it should be rejected. He feels the current Commissions of the Town are more than adequate to handle these applications. He urged the Board to reject the ordinance.

Joan Coe, 26 Whitcomb Drive, endorses this ordinance as a tool the Town needs. She feels the cost should be paid by the applicant. Land Use Commissions can't work without special expertise for them to decide projects.

After no further comments by the audience, and discussion by the Board, Mr. Ryan made motion to leave the Public Hearing open. Ms. Wertheimer seconded the motion. Five were in favor and one was against. Therefore, the motion passed.

Amanda Thorne and Chelsea Campbell from Simsbury High School gave a petition for a resolution for the Town of Simsbury to apologize and acknowledge for it' role in slavery. They collected almost 600 signatures.

Mark Orenstein, 82 Old Meadow Pine Road, said he has been to a number of Land Use and SHARE meetings in the past year or so and has concerns about fiscal impacts analysis on the Town. They should consider the ordinance and have economic impact studies done when making decisions on projects.

Sarah Floroski of the Simsbury Main Street Partnership, invited the residents to a Preserve America Gala on June 1, 2007 at the Simsbury Inn. They are celebrating the designation as a Preserve America Community and they are also kicking off Heritage Tourism Campaign. Bob

Chuck Ward, 81 Blue Ridge Drive spoke about his freedom of information request. His comments are attached. He feels the Board of Selectmen have the power to change the perception of them. He will be pressing forward with the inconsistencies he found in his request.

Joan Coe, 26 Whitcomb Drive said the Board has not responded to her comments. She spoke again about inspections not being done and CO's not being issued.

She felt that at the May 1st budget meeting Mike Long acted more like a "King" than a moderator. She feels everyone should vote no on the budget. There needs to be another candidate for moderator.

Ms. Coe gave the Board a letter from the State Building Inspector, stating "approximately 22 buildings owned by Mr. Yackemore do not have the appropriate certificates of occupancy" as attached.

Ms. Coe urged the Board to demand a designation of communications on all Board of Selectmen agendas. She wants an open, professional government. Ms. Coe feels it is time for an independent slate of candidates for Town Manager, not First Selectman.

Ms. Coe gave a picture of a business breakfast, given at taxpayers expense, hosted by the EDC with Metro Hartford Alliance at Hopmeadow Country Club.

Ms. Wertheimer noted that the letter given to the Board on certificates of occupancy is dated 2004. This administration does not condone this problem and it will be looked in to further.

Ms. Wertheimer made motion to approve tax refunds in the amount of $1,292.88 for the period covering April 18, 2007 - May 9, 2007. Mr. Hampton seconded the motion. All were in favor

Mr. Mandell made motion to authorize the First Selectman to execute a contract for the reappraisal of all real estate for the October 1, 2007 grand list, subject to approval of the Town Attorney. The contract will be with PBS Systems LLC. Mr. Hampton seconded the motion.

Mr. Romano said there is a private Simsbury Revenue Resource Committee set up which will look at desirable projects for the Town to look into. This is a group of volunteers who are looking for different ways to obtain money for projects for the Town. His presentation is attached.

The project this Committee would investigate further is a Senior Center. They would like to mix seniors with pre-school children with shared computer rooms and other shared areas.

This private Committee will be looking in to different types of funding for this project, and building plan. They will be adding to the capital plan as needed.

Mr. Mandell made motion to approve the proposed ordinance entitled "Joint Public Hearings." Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Vincent said this proposed amendment to Chapter 85 of the Town Code of Ordinances entitled "fees" needs more work for it to be a fair process. This was tabled.

Mr. Sawitzke updated the Board on capital projects. He said the Waste Water Treatment Plant is 98% complete. The Simsbury Public Library had a ground breaking ceremony and is 11% complete. The Simsbury High School has final paperwork to be done. The generator installation is to be done this summer.

Mr. Sawitzke said the bids for the Simsbury Auditorium project were received today. The Public Building Committee is doing an analysis tonight. The Farmington Valley Greenway, SI-5 is about 28% complete with final paving tomorrow. They expect the State to give authorization for construction for the trails.

Mr. Sawitzke said the Oak Park Architects were selected to do the Tariffville School design work. Now they are on the design development phase of this project.

Mr. Sawitzke said Eno Memorial Hall is being updated to code. The paving program has been started. However, paving material has gone up 120% so they have to look at alternatives to paving.

Mr. Mandell said the Personnel Sub-Committee held a special meeting on May 7, 2007 to further discuss the title change of Senior Center Director to Senior Center Coordinator. At that meeting they held a Public Audience. There were four comments on the change. The Sub-Committee said the current director has resigned and they wanted the title change now before hiring someone to fill the position.

Mr. Mandell said there is not change in the job description or classification whatsoever. Ms. LeCours-Beck feels this change is in the best interest of the Social Services Department and the title best reflects the duties set forth in the description.

After discussion, Mr. Mandell made motion to change the designation of the position title from Senior Center Director to Senior Center Coordinator, A-3. Mr. Wertheimer seconded the motion. The vote was 4 to 2. The motion therefore passed.

Mr. Mandell made motion to appoint Darren P. Cunningham as a full time member of the Planning Commission for a term to expire in 2007. Mr. Ryan seconded the motion. All were in favor and the motion passed.

a) Mr. Hampton made motion to approve the request of the Simsbury Woman's Club to use the center parking lot on Iron Horse Blvd. for the 38th Annual Arts and Festival on September 15 and 16, 2007 as presented. Mr. Ryan seconded the motion. All were in favor and the motion passed.

b) Mr. Ryan made motion to accept the gift of a bench and a commemorative plaque from the Greater Hartford Association for Retarded Citizens as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

c) Mr. Ryan made motion to accept the gift to the Library from the Friends of the Library in the amount of $97,000 to procure three bay windows at the south elevation of the Library as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

d) Ms. Wertheimer made motion to approve the First Selectman to sign a Signatory Authorizing Resolution for a Connecticut Commission on Culture & Tourism Grant for $30,000 as partial matching funds for a Federal Grant. Mr. Ryan seconded the motion. All were in favor and the motion passed.

e) Mr. Mandell made motion to utilize Town property for a benefit concert for "Dollars for Darfur" sponsored by concerned Simsbury High School students to be held on June 1, 2007 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

f) Mr. Mandell made motion to approve the utilization of Town property for a performance by the Hartford Symphony-ABBA to be held on July 25, 2007 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

g) Ms. Wertheimer made motion to approve the utilization of Town property for a concert by the Simsbury Community Bank to be performed on August 1, 2007 as presented. Mr. Mandell seconded the motion. All were in favor and the motion passed.

h) Mr. Mandell made motion to approve the utilization of Town property for a concert by Alison Krauss/Premier Concerts to be performed on August 8, 2007 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

I) Mr. Romano made motion to approve the utilization of Town property for a concert performed by Kansas to be held on August 24, 2007 as presented. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to approve the April 23, 2007 minutes with a correction. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to adjourn at 9:10 p.m. to Executive Session pursuant to C.G.S. Section 1-200 (6)(B) pending claims, Simsbury High School Renovation Project and CRRA - Paine's, Inc. Mr. Hampton seconded the motion. All were in favor and the motion passed.

RESOLUTION: To approve and authorize the First Selectman to execute the Settlement Agreement, General Release and Confidentiality Agreement between the Town of Simsbury and Fletcher Thompson, Inc.