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, John Romano, Joel Mandell, John Hampton and David Ryan. Others in attendance included Brandon Robertson, Attorney Bob DeCrescenzo, Hiram Peck, John Loomis, and other interested parties.

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

Mr. Mandell read the following motion:

Leukemia, Lymphoma & Myeloma Awareness Month

WHEREAS, blood cancers currently afflict more than 823,000 Americans with an estimated 135,520 new cases diagnosed each year, and

WHEREAS, leukemia, lymphoma and myeloma will kill an estimated 52,310 people in the United States this year, and

WHEREAS, The Leukemia & Lymphoma Society, through voluntary contributions, is dedicated to finding cures for these diseases through research efforts and the support for those that suffer from them, and

WHEREAS, The Leukemia & Lymphoma Society maintains two offices in the State of Connecticut to support patients with these diseases and their family members, and

WHEREAS, the Town of Simsbury is similarly committed to the eradication of these diseases and supports the treatment of its citizens that suffer from them, and

WHEREAS, the Town of Simsbury encourages private efforts to enhance research funding and education programs that address these diseases,

NOW, THEREFORE, BE IT RESOLVED, that the Town of Simsbury joins with The Leukemia & Lymphoma Society in designating the month of September 2007 as Leukemia, Lymphoma & Myeloma Awareness Month to enhance the understanding of blood related cancers and to encourage participation in voluntary activities to support education programs and the funding of research programs to find a cure for them.

Thomas E. Vincent, First Selectman

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

Robert Kalechman, 971 Hopmeadow Street said there was an article in the Simsbury Post last Friday that he felt was untruthful.

Mr. Kalechman questioned why taxpayers have to pay for an airport study. If the airport deal goes through, he feels this would also burden the taxpayers.

Mr. Kalechman spoke about the Aquarion Water Company trying to receive another rate increase. He said there is a public hearing set for Monday, August 27, 2007 at 6:30 p.m. at the Senior Center Auditorium, Eno Memorial Hall, 754 Hopmeadow Street, Simsbury. The DPUC will be running this meeting.

Mr. Kalechman said he feels the Town should have completed the contract with Metropolitan District instead of Aquarion Water Company.

Chuck Ward, 81 Blue Ridge Drive, feels the airport does need a feasibility study.

Mr. Ward said he would like the discussion on Executive Session C.G.S. 1-200 (9) concerning Case #2007-064 to be held in open session as it deals with his settlement with the Town. He would like a sincere open discussion and to resolve this issue in public.

John Loomis, 500 Firetown Road, Chairman of the Planning Commission, asked about the item concerning the Public Hearing on the amendment of Chapter 85 of the Town Code of Ordinances entitled "Fees." He would like to know if another Public Hearing will be held on this issue.

Mr. Vincent said this item is a continuation of the May 14th Public Hearing. Mr. Vincent said there will most likely be another Public Hearing in September.

Joan Coe, 26 Whitcomb Drive, feels the First Selectman should not be re-elected. She feels there is a need for a Town Manager, not a First Selectman.

Ms. Coe spoke about Eno Farms, Ethel Walker, and Town Farm Dairy again. She also spoke about violations she feels are on different properties. She feels the Town is a risk because of these building violations.

Ms. Coe said Henry Miga, the part-time Building Official is taking a "fast-track" approach by allowing the Building Inspector to give out permits. She gave the Board a page from the International Residential Code book, R105.3.1, as attached, for their review.

Ms. Coe noted that Mr. Hampton was stopped for speeding. Mr. Hampton acknowledged this and apologized for this.

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

Mr. Mandell said that on August 1st - 4th Simsbury Summer Theater for Youth held their 38th production of 42nd Street at the Westminister School. It was just fantastic. Joe Campolieta is giving youth a chance to perform and have this great experience. Congratulations to them.

Mr. Mandell also noted the great experience in usage of the Performing Arts Center again this year. This past Wednesday, there was an estimated 5,000 people at the performance. He said there are two more concerts there: August 18th and August 24th. He thanked the First Selectman for working with the producers to accomplish this great experience.

a) Review, discuss, and possibly approve Tax Refunds as requested by the Tax Collector

Mr. Romano made motion to approve the tax refunds for $23,962.55 for the period covering July 18, 2007 - August 8, 2007. Mr. Mandell seconded the motion. All were in favor and the motion passed.

b) Review, discuss and possibly approve modification to the 06/07 Budget Transfers originally approved on July 17, 2007

Mr. Mandell made motion to approve the new budget transfer for $36,363, instead of $47,716 as approved by both the Finance and Board of Selectmen on July 17th. The $11,353 remaining will go into the general fund. Mr. Hampton seconded the motion. All were in favor and the motion passed.

c) Review, discuss and possibly take action concerning Aquarion Water Company request for rate increase.

Attorney DeCrescenzo represented the Town and applied for party status the last time this rate proceeding took place in 2004. Aquarion was denied that increase request. Attorney DeCrescenzo said this is the third proceeding, Docket No. 07-05-19. Information can be read on the State of Connecticut website under the active data base pull down menu under water.

Attorney DeCrescenzo said on June 15, 2007 the DPUC filed an application to increase rates. While the overall increase is 27.86, the Simsbury increase would be 48.56. This would rate the average quarterly bill from $48.56 to $72.67.

Attorney DeCrescenzo said there is a Public Hearing at Eno Hall on August 27, 2007. After further discussion, Mr. Ryan made motion to authorize the Attorney DeCrescenzo to file party status in the case with Aquarion Water Company. Mr. Mandell seconded the motion. All were in favor and the motion passed.

PLANNING AND LAND USE

a) Discussion concerning proposed amendment to Chapter 85 of the Simsbury Code of Ordinances entitled "Fees."

Attorney DeCrescenzo said he and Hiram Peck worked on the definition of "Large and Complex" projects further. They used the language of the State Traffic Commissioner. Attorney DeCrescenzo would like to close the Public Hearing of May 14, 2007 and hold another Public Hearing in September on this issue.

Mr. Mandell made motion to close the Public Hearing of May 14, 2007 concerning amendment to Chapter 85 of the Simsbury Code of Ordinances entitled "Fees." Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to set a new Public Hearing to discuss the amendment to Chapter 85 of the Simsbury Code of Ordinances entitled "Fees" for September 10, 2007 at 7:00 p.m. in the Main Meeting Room. Mr. Hampton seconded the motion. All were in favor and the motion passed.

b) Review, discuss and possibly authorize First Selectman to execute a Grant Agreement with the U.S. Department of Transportation Federal Aviation Administration for a grant to perform an analysis of the potential municipal purchase of the Simsbury Tri-Town Airport.

Mr. Mandell made the following motion:

WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 13, 2007, for a grant of Federal funds for a project at or associated with the Simsbury Tri-Town Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part of hereof; and

WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following:

Airport master plan; analysis of municipal purchase of airport all as more particularly shown in the project application.

NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Title 49, United States Code, herein called Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing this Project, 95 percent of such costs. Mr. Ryan seconded the motion. Mr. Vincent noted that the Federal government would pay $118,000; the State would pay $4,687, and the Town would pay $1,563 for the study. All were in favor and the motion passed.

a) Review, discuss and possibly approve a proposal to provide Town e-mail accounts to elected officials

After some discussion, Mr. Mandell made motion to authorized the Town staff to move forward with information on the e-mail program. Mr. Hampton seconded the motion. All were in favor and the motion passed.

There were no Liaison reports at this time.

SUB-COMMITTEE REPORTS

Mr. Hampton said there will be a Public Safety meeting on September 20th at 7:00a.m. in the Main Meeting Room.

No report at this time.

Mr. Mandell said the next regular meeting will be held on September 10, 2007.

Mr. Ryan made motion to approve the regular minutes of July 23, 2007. Mr. Hampton seconded the motion. All were in favor and the motion passed. Mr. Mandell abstained as he was absent.

ADJOURNMENT INTO EXECUTIVE SESSION

Mr. Mandell made motion to adjourn to Executive Session pursuant to C.G.S. 1-200 (9) concerning Case #2007-064 currently pending before the Freedom of Information Commission and C.G.S. 1-200 (6)(A) to discuss the possible appointment of a public official. Mr. Romano seconded the motion. All were in favor and the motion passed.

The Board of Selectmen and Brandon Robertson, Director of Administrative Services, were present in Executive Session. Case #2007-064 pending before the Freedom of Information Commission was not discussed.

ADJOURN FROM EXECUTIVE SESSION

Following executive session, Mr. Hampton made a motion to appoint Henry Miga to the position of Building Official for the Town of Simsbury pursuant to Section 804 of the Town Charter. All were in favor and the motion passed unanimously.

The meeting was subsequently adjourned.

Respectfully submitted,