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, Moira Wertheimer, John Romano, John Hampton and David Ryan. Others in attendance included: Brandon Robertson, Hiram Peck, Richard Sawitzke and other interested parties.

Mr. Gaskill, representing SaveOurSimsbury.org, read a letter about Konover Development and the big-box store at the CL&P land on Hopmeadow Street as attached. He said a lot of concern was expressed by citizens of Simsbury about this proposed big-box store.

Mr. Gaskill said Konover responded by expanding its initial concept by surrounding the big-box with 329,000 square feet of residential housing. Konover recently filed an application for River Oaks, which proposes almost one million square foot building on 60 acres of land.

Mr. Gaskill said Dover Kohl was retained by the Town to visit the site and comment on land use planning. SaveOurSimsbury .org has begun conducting studies to assess the risks associated with this proposed development. They are committed to providing professional unbiased experts to study the economic, traffic, environmental, historic preservation and character issues presented by the River Oaks application and they will share the results of the research with the Town.

Joan Coe, 26 Whitcomb Drive, said she still hasn't received any answers from all of her questions. She said there are 22 buildings that do not have a certificate of occupancy in Town which is a violation of state building codes.

Ms. Coe feels there are now three people who are running for First Selectman and she feels they have not done anything to insure public safety is one of the most important issues of public service. She doesn't feel the candidates qualify for this position. She wanted to know which candidate would state that they would immediately convene a Charter Revision Commission to change the Charter to a Town Manager form of government.

Ms. Coe said the Building Inspector is issuing permits, but it should be the Building Official according to Section R1053.1 they should issued by the Building Official. She doesn't think the Building Inspector is certified.

Ms. Coe announced a meeting between Planning and Zoning and Conservation Commissions is scheduled at Simsbury High School at 7:00 p.m. to possibly decide on the litigation on Meadow Wood.

Mr. Untermyer, President of the Farmington River Watershed Association, Board of Directors spoke about concerns about pollution in the Farmington River and its tributaries. He congratulated the Board on entering into an Emergency Watershed Protection Measures Agreement with the NRCS.

Mr. Mandell made motion to add item d) under Finance for transferring funds and g) under Miscellaneous for an event on August 18th. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Romano gave the Board a letter suggesting that the land use commissions consider a moratorium on any and all development until the Board can complete the charrettes recommended by Dover-Kohl for both the Center, North and South sides of town. His comments are attached.

Mr. Romano said that the Simsbury Revenue Resources Committee will be exploring the Senior Center and they will also look into other capital projects. The Committee members are Kirsten Greenbull, Noreen Kuziack, Paul Fitzpatrick, Sue Benarcyk, and Mr. Romano. He will also be speaking to other people who are interested in being on the Committee.

Mr. Mandell said that Jan Madrak from the Children's Department at the Simsbury Public Library received the Faith Headkin Award. Unfortunately, she will be retiring this year and will be greatly missed.

Ms. Wertheimer thanked Mr. Mandell, the American Legion, and the Veterans of Foreign Wars for great Memorial Day Parades. Mr. Mandell noted that the planning for the parades starts in November.

Mr. Mandell made motion to approve the tax refunds in the amount of $1,368.05 for the period covering May 9- June 6, 2007. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Romano gave the Board a recommendation from the Welfare Sub-Committee that there be no increases in rental charges to the Town owned rental properties for the Fiscal Year 2008.

The Welfare Sub-Committee vote on this recommendation was unanimous. Mr. Mandell read the HUD guidelines, suggested market and current rental payment on these properties on Old Farms Road, Sugar Loaf Cut, and Wolcott Road.

Mr. Vincent asked the Board to approve a Public Hearing date to receive public comment concerning a proposed amendment to Article V of the Tax Code of Ordinances entitled "Ordinance Providing Tax Abatements for Volunteer Fire Fighters and Ambulance Personnel" as attached.

Mr. Mandell made motion to transfer $7,000 from Residential Property Fund Reserves to 202-44240, Building Maintenance Residential Rental Account for overages at 69 and 71 Wolcott Road rental units. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Peck spoke about the fees for outside consultants for large and/or complex projects. He and the Town attorney have been working on the language for this amended recommendation. Mr. Peck said they are asking for input from all Land Use Commissions. The revised amendment of Chapter 85 of the Simsbury Code of Ordinances "Fees" is attached. This is a very delicate balance for all of the Commissions in this process.

Mr. Peck also spoke about the Plan of Development. He said there is a draft that will be sent to the Capital Region Council of Government. They are scheduling a Public Hearing on September 19, 2007 at the High School Auditorium.

Mr. Peck said there was an application received for River Oaks on June 5, 2007. They also received a plan of development proposal and traffic report. The official date of receipt of this document will be the next Zoning Commissions meeting on June 18. Mr. Peck went through the schedule of all meetings and Public Hearings. The Zoning Commission has to make a decision after the process which will probably be sometime in December. Mr. Mandell noted that the Commission should take notice of vacation time and holidays.

Mr. Romano made motion to authorize the First Selectman to execute a boundary line agreement for property located at 21 Stratton Brook Road. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Sawitzke said the firm of Clough Harbour & Associates, LLP was selected to develop a final scope of work and a professional fee for preparing the study on the airport to be submitted to the State of Connecticut and the FAA for their approval.

Mr. Ryan made motion to authorize staff to enter into negotiations with Clough Harbour & Associates, LLP to develop a final scope of work and a professional fee for preparing the Simsbury Airport Study. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Robertson said the Town would have to purchase licenses and an exchange server for about $2000 to provide elected and appointed officials with e-mail. This would be a log in service into an official site. Mr. Vincent said this is the first step to moving forward on this public audience issue. More information is needed before the approval.

Mr. Robertson noted that on page 7 under GENERAL (a) the first line will be deleted. Mr. Hampton made motion to authorize the First Selectman to execute an agreement with Fiddlers LLC for a Visitor's Center as amended. Ms. Wertheimer asked that the Greater Hartford Arts Council be added on page 2 under Miscellaneous #7. Mr. Mandell seconded the motion. All were in favor and the motion passed.

Mr. Mandell read the following resolution: " WHEREAS, Federal monies are available under the Connecticut Small Cities Community Development Block Grant Program, administered by the State of Connecticut, Department of Economic and Community Development pursuant to Public Law 93-383, as amended; and

WHEREAS, pursuant to Chapter 127c and Part VI of Chapter 130 of the Connecticut General Statutes, the Commissioner of Economic and Community Development is authorized to disburse such Federal monies to local municipalities; and,

WHEREAS, it is desirable and in the public interest that the Town of Simsbury make application to the State for $775,000 in order to undertake a Small Cities Community Development Program and to execute an Assistance Agreement therefore, should one be offered.

2. That the filing of an application by the Town of Simsbury in an amount not to exceed $775,000 is hereby approved, and that the First Selectman is hereby authorized and directed to file such application with the Commissioner of the Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required by the Commissioner, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an Agreement is offered, to execute any amendments, recessions, and revisions thereto, to implement project activities, if approved, and to act as the authorized representative of the Town of Simsbury."

Mr. Mandell read the FAIR HOUSING POLICY STATEMENT - "It is both the policy and strong commitment of the Town of Simsbury to promote Fair Housing opportunities in all its programs and housing development activities and to take affirmative action through education and implementation to ensure equal housing opportunities for all persons and families.

The Town of Simsbury will take affirmative action to ensure that all tenants, applicants, and residents are treated fairly without regard to their race, color, religion, sex, sexual orientation, martial statues, national origin, ancestry, learning disability, mental or physical disability, including but not limited to blindness, age, individuals with children, or lawful source of income.

It is the policy of the Town of Simsbury that all Housing related personnel be trained and educated in the principles of the Fair Housing and Equal Opportunity so that Equal Housing Opportunity may be available to all qualified applicants.

This Fair Housing Officer Mickey LecoursBeck or his/her designated representative is responsible for the enforcement and implementation of the Fair Housing Regulations/plan and the enforcement of this policy. The Fair Housing Officer may be reached at 860-658-3283.

Complaint(s) pertaining to discrimination in any program funded by this Town of Simsbury may be filed with the Fair Housing Officer. The Town's Grievance Procedure will be utilized in this case(s).

Mr. Mandell read the following: "Compliance with Title VI of the Civil Rights Act of 1964. The Town of Simsbury does not discriminate in the provision of services, the administration of its programs, or contractual agreements. The Town of Simsbury seeks to fully carry out its responsibilities under Title VI Regulations.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the grounds of race, color, or national origin in programs and activities receiving Federal financial assistance. Title VI provides that no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program covered by the Regulations.

This policy is effectuated through the methods of administration outlined in the Town's Fair Housing Plan and is fully implemented to ensure compliance by the Town, as the recipient, and by sub-recipients. The cooperation of all Town personnel is required."

Ms. Wertheimer made motion to accept the donation by the Simsbury Chamber of Commerce for electrical services, pursuant to Town ordinance. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to approve Jim Vicevich and the MUSIC for a CHANGE event to be held on Saturday, August 18, 2007 from 3-8 pm. at the Performing Arts Center at Simsbury Meadows. Mr. Romano seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve Evan W. Woollacott as a full time member of the Historic District Commission for a term to expire January 1, 2012. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Hampton made motion to appoint Derek Peterson as a full time member of the Economic Development Committee for a term to expire January 2010. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Ms. Wertheimer made motion to approve the minutes of the Regular Meeting of May 14, 2007 after corrections. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Present in Executive Session were the Board of Selectmen, Brandon Robertson, Director of Administrative Services and Brian Smith Esq. of Robinson and Cole. The executive session was adjourned at 9:15 p.m. No action was taken. The meeting was subsequently adjourned by unanimous consent.