Simsbury, CT - Board of Selectmen Minutes

REGULAR MEETING 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, Attorney Bob DeCrescenzo, Richard Sawitzke, Hiram Peck, Ed LaMontagne, and other interested parties.

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

Presentation by Representative Linda Schofield

Representative Schofield told the audience that the Town will be receiving more money from the State. She said the Educational Grant was increased to $1,923,240 for the fiscal year 2007/8 and increased an additional $310,500 for the fiscal year 2008/9. Special Education also went up as the cap was eliminated. The estimate is an additional $55,000. The grant per pupil for Project Choice Students was estimated as an additional $48,000 based on 96 students. Representative Schofield also said the there was a slight decrease in public school transportation and other funding. The grand total for the fiscal year 2007/8 is $2,006,240.

Representative Schofield said the bond package has not been voted on yet. Simsbury is in the package for the Ethel Walker Land, Meadow Wood and Tariffville Green and Park improvements.

Representative Schofield said new grants available for regionalization efforts is $10 million in total. She said the incentive funding for Smart Growth Low Income Housing is available for $2,000-5,000 per home if the criteria is met.

Representative Schofield said legislation was passed for funding to require diesel school buses to be retrofitted to reduce fumes. She said there is also a study of property tax caps yet to be done.

After some discussion, the Board thanked Representatives Schofield and Herlihy for all their hard work in helping to get Towns more money.

Mr. Romano said he could give her some information on retrofitting buses that might be helpful.

Chuck Ward, 81 Blue Ridge Drive spoke about his FOI complaint with the State. He believes he will be found correct in his assessment that the Town records have not been accessible to the

public according to State law. Mr. Ward said he has spoken to Mr. Romano several times about his frustration with dealing with his request. He said they concur that the following needs to happen - he would like to settle his complaint with the Town by having the following adopted as guidelines and policies for the Town of Simsbury: 1) Orientation will be provided for Board members about Freedom of Information with a member of the State leading the orientation; 2) there should be a person designated to handle FOI requests at Town Hall; 3) Town Hall needs to follow State law as far as making Board and Commission minutes available; 4) all FOI requests shall be responded to in a timely manner by the State guidelines; 5) Town Hall needs to have e-mail addresses for all Board and Commission members through the Town computer system for all business related in their positions; 6) all Town Hall records shall be accessible in accordance with FOI law; 7) he will engage in a 6-month audit to make sure the above policies are adopted and are being properly followed. Separately, Mr. Ward would like the Town to admit they were wrong in handling his FOI request. He would also like each person who received his FOI request to respond that they have given him all that he has requested.

Mr. Ward said it is unfortunate that the FOI complaint had to happen because the Town does not have policies in place for these requests.

Joan Coe, 26 Whitcomb Drive, said she still has no answers to her concerns and feels her issues are ignored. She still wants a Town Manager form of government.

Ms. Coe feels the First Selectman is overpaid and the residents shouldn't vote for him again.

She also spoke about other unaffiliated Town staff and merit increases.

Ms. Coe said she felt the Planning and Zoning members were harassed by members of the Republican Party.

Ms. Coe said there are zoning violations at the Town Fair Dairy.

Ms. Coe said the Recreation Commission held a dinner and wants to know if taxpayers paid for this dinner. She wants to know the cost of the dinner meeting.

Ms. Coe said there are fourteen violations on the transfer station according to a February 2006 letter from the D.E.P. She wants to know what is being done about it.

Ms. Coe said the First Selectman has not received any reconciliation statements from any of the music festivals at Iron Horse Blvd. And she wants to know why.

Ms. Coe also wanted the latest on the Meadowood funding. She also wants to know why the Ethel Walker land agreement has not been finalized.

Ms. Coe said the Town is receiving applications for a Building Official. She said the Building Inspector is signing off on permits, but this should only be done by the Building Official.

All of Ms. Coe's comments can be read on Simsbury.com/forum.

Ms. Wertheimer made motion to approve tax refunds in the amount of $203.30 for the period covering June 20, 2007 - July 6, 2007. Mr. Hampton seconded the motion. All were in favor and the motion passed.

a) Chapter 85 "Fees"

Mr. Vincent noted that the Public Hearing was still open. Attorney DeCrescenzo feels the Board should not act on this proposed ordinance tonight. Hiram Peck had given the Board the concerns and comments from the Land Use Commissions as attached.

Mr. Mandell still feels that there needs to be more definition on what exactly is a large and/or complex project. Attorney DeCrescenzo said he and Mr. Peck should go over more ordinances from other Towns to see if there are any better definitions. The Board did like the Section (f) revision that "excess costs to be billed to the applicant shall not exceed 110%."

The Board thanked Mr. Peck and Attorney DeCrescenzo for all of their time and work on this issue.

Attorney DeCrescenzo gave the Board an outline of the law that applies to a proposal for a zoning moratorium in Simsbury. He said a moratorium proposal is subject to a public hearing after public notice. The evidence at the public hearing should include reports and testimony from planning experts to support the purpose of the moratorium. A moratorium does not apply to applications that have been filed prior to the effective date of the moratorium. The Board will leave this to the Zoning Commission. The Board thanked Attorney DeCrescenzo for his work on the issue of the moratorium.

Mr. Mandell said the Personnel Sub-Committee met on June 25, 2007 to discuss unaffiliated employees wages. They approved a general wage increase of 3.5% with a 2% merit increase. Also the employee health insurance costs will increase. He had given the Board a breakdown of all issues.

Mr. Mandell made motion to approve the 3.5% general wage increase for full time unaffiliated employees in classified service effective July 1, 2007; an increase up to 2% based on merit for full time employees, at the discretion of the First Selectman, not to be included in their base salary calculation; to increase health insurance cost sharing from 14% to 15% effective July 1, 2007. Ms. Wertheimer seconded the motion. After some discussion, five were in favor with one against. The motion passed.

Mr. Mandell made motion to approve a 3.5% increase to the Registrars of Voters. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve a crossing guard increase from $25.48/day to $26.37/day. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the Friendly Visitor Program Coordinator salary increase from $17.16/hr. to $17.76 per hour. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to approve the Reference Librarian's salary to be increased from $25.77/hr. to $26.67/hr. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Vincent recused himself. Mr. Mandell made motion to increase the First Selectman's salary by 3.5% with no merit increase. Mr. Ryan seconded the motion. After some discussion, three were in favor and two were against. The motion passed.

a) "Aging & Disability Commission"

Mr. LaMontagne spoke about the request for a revision to Chapter 3 of the Town Code of Ordinances entitled "Aging and Disabilities Commission." They would like a change in Section 3-2 of the Ordinance. They want more people with disabilities to be on the Commission.

After some discussion, some members of the Board feel that this would be restrictive. They need to be less constraining not more. There are a lot of people who want to get involved and no one should be pushed away. Other Board members supported the plan.

Mr. Vincent said they could not set a Public Hearing date as a letter is needed with correct language to grandfather existing members, etc. He will have the Town Attorney re-word this proposal.

b) Open Space and Watershed Land Acquisition Grant

Mr. Sawitzke said the application is under the State grant application. It involves a 50 acre parcel, called Laurel Hill in Tariffville. It has been on the plan of development for over 30 years.

After some discussion, Mr. Mandell made the following resolution as motion: "WHEREAS, the Town of Simsbury wishes to obtain financial assistance from the State of Connecticut. Now, therefore, be it resolved by the Board of Selectmen as follows:

1) That a request/petition for assistance be made to the Commissioner of the Department of Environmental Protection for an Open Space and Watershed Land Acquisition Grant for a municipal project known as Fee Simple Acquisition of the "Laurel Hill Property-Village of Tariffville."

2) That it is the intent of the municipality that, should its request/petition be selected for funding by the Commissioner of Environmental Protection and be provided funds allocated by the State Bond Commission, adequate funding be provided for assuring recreation forestry, and open space use of the property.

3) That the Chief Executive Officer is hereby authorized and directed to execute and file such request/petition, and to act as authorizing correspondent.

4) That the Chief Executive Officer is hereby authorized to enter into such agreements, contracts and execute all documents necessary for said grant with the State of Connecticut.

5) That the proposed acquisition and/or enhancement is in accordance with the Plan of Development of the Town of Simsbury, and that should said grant be made, said land will be retained in accordance with the provisions of Public Act 98-157 in perpetuity.

Adopted this 9th day of July 2007."

Mr. Ryan seconded the motion. All were in favor and the motion passed.

RESIGNATIONS AND APPOINTMENTS

Ms. Wertheimer made motion to remove 5c) from this section. Mr. Hampton seconded the motion. All were in favor and the motion passed.

a) Mr. Mandell made motion to accept the resignation of Holly Crowther from the Simsbury Farms Complex Committee effective immediately. Mr. Hampton seconded the motion. All were in favor and the motion passed.

b) Mr. Mandell made motion to accept the resignation of Mary Donna Lyons from the Simsbury Board of Education effective June 23, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

d) Mr. Mandell made motion to appoint Dennis J. Fallon as a full member of the Simsbury Farms Complex Committee with a term to expire December 3, 2007. Mr. Hampton seconded the motion. All were in favor and the motion passed.

e) Mr. Mandell made motion to appoint Michael T. Wade as a full member of the Simsbury Board of Education with a term to expire December 3, 2007. Mr. Ryan seconded the motion. All were in favor and the motion passed.

Mr. Mandell said Culture, Parks and Recreation has a pro-active website. He said the Howie Dickenman Basketball School will be running two sessions July 23-26 and July 30 - Aug. 2nd. He is the head basketball coach at Central Conn. State University. This will cost $95 per session and open to boys in grades 1-8. People can call 658-3836 for more information.

Mr. Mandell said at the last Zoning Commission meeting Gerry Toner and Attillio gave an informal presentation about Simsbury Farms and possibly obtaining a liquor license at the facility. No formal application has been made.

SUB-COMMITTEE REPORTS

a) Public Safety - Mr. Hampton said the next meeting is July 19th at 7 a.m.

b) Finance - nothing at this time.

c) Welfare - nothing at this time.

d) Personnel - nothing at this time.

Ms. Wertheimer made motion to approve the regular minutes of the June 25, 2007 meeting. Mr. Romano seconded the motion. After some corrections, all were in favor and the motion passed.

Mr. Vincent said there will be no Executive Session tonight.

Mr. Ryan made motion to adjourn at 9:10 p.m. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Respectfully submitted,