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, Moira Wertheimer, John Romano, Joel Mandell, John Hampton, and David Ryan. Others in attendance included: Brandon Robertson; Attorney Bob DeCrescenzo, Representative Linda Schofield, Hiram Peck, Police Chief Ingvertsen, John Loomis, and other interested parties.

Mr. Vincent noted that the Hartford Courant incorrectly printed the Planning Commission meeting date as tonight instead of September 11th. The meeting will be held at the High School.

Mr. Vincent said there is a Public Hearing before the Regular Meeting. This is pursuant to Section 404 of the Town Charter, to receive public comment concerning a proposed amendment to Chapter 85 of the Code of Ordinances entitled Fees.

Attorney DeCrescenzo said this is the second Public Hearing on this proposed ordinance. The last proposal was given to the Land Use Commissions for their input. More changes were made to the original proposal. Therefore, the last Public Hearing was closed and this new Public Hearing is being held.

Attorney DeCrescenzo said the definition section (a) now states "For purposes of this Section, "Large and Complex Project" shall mean a land development project which has cumulatively, proposed new construction of 100,000 square feet of gross building area or more and/or proposed new parking area of two hundred (200) parking spaces or more." Attorney DeCrescenzo said this was pulled from the State Statutes. This is a definition used by the State Traffic Commission. This change allows the Town to retain a technical consultant.

Attorney DeCrescenzo said the other changes have to do with notices to the applicants and the additional fees for the applicants. He feels this is now to the point where it can be acted upon.

Mr. Loomis, 500 Firetown Road, Chairman of the Planning Commission, said the Commission has voted in favor of the prior proposal. There is also no objection to this revised proposal.

There was no one else wishing to speak at the Public Hearing. Ms. Wertheimer made motion to close the Public Hearing at 7:07 p.m. Mr. Romano seconded the motion. All were in favor and the motion passed.

Attorney DeCrescenzo spoke about the action concerning Case #2007-064 currently pending before the Freedom of Information Commission. He said this is concerning the FOI complaint by Chuck Ward. The Board was given a copy of the proposed Settlement Agreement as attached.

Attorney DeCrescenzo said there was a hearing before the hearing officer about this case. Mr. Ward and Attorney DeCrescenzo opened up a dialogue after the hearing. Simsbury has a very good record with FOI compliance. Mr. Ward, Attorney DeCrescenzo and Brandon Robertson worked together on these eight points for a settlement. Attorney DeCrescenzo will sign, if approved, for the Town. If this is not signed, the hearing officer will recommend a decision and go before the full Commission.

Mr. Mandell noted the Mr. Ward had told the Board that he didn't want anything done without him being here, and he is not here tonight. Attorney DeCrescenzo said he corresponded with Mr. Ward today and Mr. Ward said he was fine with this agreement. He does have a copy of the e-mail of correspondence.

"7. The Respondent Town understands and acknowledges that the Complainant will engage in a 6-month review to make sure that the above policies have been adopted and are being properly implemented at Complainant expense, if any."

Mr. Mandell made motion to authorize the Town Attorney to execute the Settlement Agreement, Docket # FIC 2007-064, with the edit of the Board, between the Town and Mr. Ward. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Vincent said there was an emergency meeting with in the Town of Avon, with Simsbury, Farmington, Avon, and West Hartford personnel in attendance. Also, there were representatives of the State Police and Department of Motor Vehicles. The Governor will also be having a meeting on Wednesday with the State Traffic Commission to discuss a traffic ban on thru trucks on Rte. 44 and to review applicable law to restrict and/or control traffic on that section of Rte. 44, and to have the Department of Motor Vehicle Commissioner to employ the inspections of truck traffic.

Chief Ingvertsen said he was at the meeting this morning to discuss this trucking issue and what was going to occur on Rte. 44 for the next few days. There are inspectors at the bottom of Rte. 44 who are inspecting trucks and also obtaining data on how many trucks travel that route. There will also be a meeting held tomorrow with the State Police Commissioner to discuss this issue further. There will also be another meeting on Wednesday afternoon.

Representative Schofield said the State would like to work together towards a solution on this issue. There are many concerns about banning certain trucks and inspections. There needs to be a "real fix" for this problem to stop. She is not sure of the safety of the alternatives. She feels that run-away ramps would be a great asset, but this could take years.

Bill Walsh, 73 Wolcott Road, was upset about a comment made in a June Board meeting. He was not present at the meeting, but felt he was owed an apology for comments made about him.

Steve Mitchell, 432 Hopmeadow Street, feels that it is not the road that creates the problem on Rte. 44, it's the trucking companies. He said Connecticut is the most lax state in terms of open trucking inspection stations.

Mr. Mitchell asked who was in charge of the rails-to-trails maintenance. He was in Burlington, Vermont and their rail-to-trails are very well maintained. Mr. Vincent said it is each Town's responsibility to maintain their section. There is $25,000 being put away to maintain the trails in Simsbury.

Mr. Mandell said that his comments about Mr. Walsh were in no offense to anyone. He said his speaking started with "with all do respect to Bill Walsh..." He did give Mr. Walsh an apology for his comments at that meeting and is supportive of the Town Farm Dairy. Mr. Walsh accepted his apology.

Mr. Ryan said Congressman Murphy, Chairman of Open Space Caucus will be here Saturday, September 15th at noon in the Longview Drive area. Also, Wayne David from the British Parliament will be there to talk about open space initiatives.

Mr. Ryan also noted that the House appropriations bill doesn't include the $150,000 grant for the Simsbury Library. He asked everyone to contact their Senators to push this along.

Ms. Wertheimer made motion to approve the tax refunds in the amount of $10,720.09 for the period covering August 8, 2007 - September 5, 2007. Mr. Romano seconded the motion. All were in favor and the motion passed.

b) Review, discuss and possibly adopt an amended resolution as required by the Department of Economic and Community Development for participation in the Small Cities Program

Mr. Mandell made motion to adopt the Certified Resolution of the Governing Body as presented with waiving of the reading. Mr. Ryan seconded the motion. All were in favor and the motion passed (Attachment A).

Ms. Wertheimer made motion to approve the amendment to Chapter 85 of the Town Code of Ordinances entitled "Fees" as presented earlier in the Public Hearing. Mr. Mandell seconded the motion. After some discussion, five were in favor with one against and the motion passed.

Mr. Peck said the Plan of Development District is in the process of their review. There will be a Public Hearing with the Zoning Commission on September 24th at 7 p.m. at Eno Hall. The Planning Commission will also be meeting tomorrow meeting at the High School to receive public comment. These meetings will be incorporated to the Plan of Development District's records.

d) Review, discuss and possibly approve a resolution authorizing participation in a Stormwater Authority Pilot Program authorized by Public Act No. 07-154

Mr. Vincent said this program may become available to the Town. The form needs to be filled out by September 15th. This is only an approval to move forward with the application.

Mr. Mandell made motion to adopt the Preferred Certified Resolution, on page 3 of the handout, with a waiving of the reading. Mr. Ryan seconded the motion. All were in favor and the motion passed. The approved resolution is as follows:

BE IT RESOLVED THAT it is in the best interests of the Town of Simsbury to enter into contracts with the State of Connecticut Department of Environmental Protection.

In furtherance of this resolution, Thomas E. Vincent, First Selectman is duly authorized to enter into and sign said contracts on behalf of the Town of Simsbury. Thomas E. Vincent, First Selectman is further authorized to provide such additional information and execute such other documents as may be required by the State in Connecticut with said contracts and to execute any amendments, recisions, and revisions thereto.

Ms. Wertheimer noted that there will be a ceremony from 2-5 on September 23rd marking the preservation of Phase I of the 300 + acres as now called Ethel Walker Woods of Simsbury. Everyone is invited to attend.

Mr. Mandell made motion to waive fees for room rentals fees only to the Simsbury Theater Guild at Eno Memorial Hall for the Patrons Party and Rehearsals. This would be approximately $1,260.00. Mr. Hampton seconded the motion. After some discussion, all were in favor and the motion passed.

Mr. Mandell said the Personnel Committee met tonight and has upgraded the A-0 grade for the Animal Control Officer to A-1. This would also be an increase in salary. The changes in the description are in bold.

Mr. Romano made motion to approve the amended job description for the position of Animal Control Officer to A-1. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Mandell said this is a grade T-7 position. The description has been updated from 1983. Mr. Mandell made motion to approve the amended job description for the position of Assessor's Aide, Grade T-7. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Mandell made motion to adopt the Administrative Secretary II, grade T-7 for the Engineering Department. The Clerk part-time T4 position will be deleted. This is a complete change in job description. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Romano said there will be a "picnic in the park" with the Aging & Disability Commission on September 22 at St. Catherine's Church Russell Hall. He apologized that it is on a Jewish holiday, but that was the only time they could have it.

Mr. Mandell said there was a great article on the Metro Hartford Alliance partnerships and initiatives in the New England Real Estate Journal in the August 17th edition.

Mr. Romano made motion to authorize us of Town property for David Vidal Road Race Sunday, October 7, from 8 - 12. Mr. Ryan seconded the motion. All were in favor and the motion passed.

a) Mr. Mandell made motion to accept the resignation of Janice B. Gyngell from the Recycling Committee effective September 1, 2007. Mr. Ryan seconded the motion. All were in favor and the motion passed.

b) Ms. Wertheimer made motion, with regret, to accept the resignation of John D. Ritson from the Simsbury Farms Complex Committee effective August 10, 2007. Mr. Mandell seconded the motion. All were in favor and the motion passed.

c) Mr. Mandell made motion to appoint Ronald T. Patterson as a full time member to the Simsbury Farms Complex Committee with a term ending December 3, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

d) Mr. Mandell made motion to appoint Rita W. Bond as an alternate to the Design Review Board with a term ending December 3, 2007. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Romano made motion to approve the Regular Meeting Minutes of August 13, 2007. Mr. Ryan seconded the motion. All were in favor with Ms. Wertheimer abstaining.