Simsbury, CT - Board of Selectmen Minutes - January 14, 2008

The Regular Meeting of the Board of Selectmen was held in the Main Meeting Room of the Simsbury Town Offices. Present were: First Selectman Mary Glassman; Board members Moira Wertheimer, Robert Hensley, John Hampton, Michael Long and Richard Hogan. Others in attendance included: Brandon Robertson, Attorney DeCrescenzo, Chris Kelley, Diane Ulman, Brian Smith from Robinson & Cole, Dave Gardner, Robert Kalechman, David Holden, Sue Bullock, Hiram Peck, Rich Correa and other interested parties.

Mr. Kalechman, 971 Hopmeadow Street congratulated the new Board of Selectmen on their appointments. He feels people are looking for change, but he feels changes shouldn't be made for the sake of change. He feels that the people should make the changes, not the Republican/Democratic Town Committees. Mr. Kalechman also feels there should be no conflict of interests in contract approvals.

Bill Dryden, 3 Litchfield Drive, President of the Town Farm Dairy, said in 2003 the Dairy became a 501C3 to achieve an environmentally sound, working Dairy Farm, which was to become a Community Farm.

Mr. Dryden said there has been a lot of fund-raising and working capital loans for this Farm so it could be self-sufficient. The operation is not quite there yet.

Mr. Dryden said in 2007 help arrived at the farm and they added to the milking herd. They also sold egg nog this holiday season. Mr. Walsh's lease ends on 1/31/08 and they are very grateful to him for helping them for so long.

Mr. Dryden said they will keep working hard for distribution expansion. They will have more fund raising and education at the Farm. He feels they are moving forward well with this project.

Rich Correa, President of the Simsbury Main Street Partnership gave the Board flyers about Miss Lisa, who is part of the Partnership, with her Montessori School. She can be reached at 670-2117 and her primary age group is for 2.7 to 6 year olds.

Ms. Wertheimer noted that in the Town Charter, Section 702, the Boards and Commissions need to be approved by tomorrow. Ms. Glassman will look in to this before the end of the meeting.

1) Pursuant to C.G.S. 10-153d (b), receive presentation, discuss and possibly take action regarding the following Collective Bargaining Agreements:

Ms. Glassman said that no action needs to be taken if the Board is comfortable with the agreements. Under State Law, the Board of Education has to file their contractual agreement with the Town Clerk and they have complied with that.

Mr. Kelley from the Board of Education said there are two contracts up for approval. The tentative agreement has been filed with the Town Clerk. There is now a 30 day period where the Board can review the contracts. If the Board chooses they will reject the contract and then there would be arbitration, within five days, about the specific areas that are of concern. Then Mr. Kelley went through the contract process.

Ms. Glassman said the priorities recommended by the Open Space Committee are Ethel Walker School, parcels B & C ; the Griffin Land Triangle; Gersten Laurel Hill, Tariffville; and Tulmeadow Farm Forest Land.

Ms. Glassman said the Open Space Committee is also recommending to the Board that the ordinance that allows the Town to create an open space fund be approved.

Ms.Glassman said the Open Space Committee recommended that proceeds from outstanding grants be deposited into that fund and be used for open space. There are two items still outstanding - one from the Hall Property and the Christensen property. Those grants have not yet been collected. They are trying to expedite the grant funds.

3) Receive presentation and review, discuss and possible authorize Meadowood settlement, including possible purchase of parcel for $2.7 million

Mr. Smith spoke about the Meadowood Settlement agreement. He said this is about 363 acres of land that is openly subject to four supreme court decisions. In 2004 the Town began discussions with River Bend and Griffin Land & Nurseries, Inc. to see if a settlement could be achieved. He said the River Bend & Griffin Land & Nurseries, Inc. settlement agreement needs to settle with three Land Use Commissions.

Mr. Smith said there were proposals made by Griffin Land and River Bend to develop the property in a compromise from the original proposal. The compromise is that Griffin Land and River Bend will agree to limit development to no more than 299 units and convey, to the Town, 77 acres of land for $2.7 million, and convey 90 acres as part of the sub-division process to be donated to the Town.

Mr. Smith said that before the Board tonight is whether to agree to the Open Space Purchase Acquisition terms that have been proposed. If it does agree it would then refer that to Planning Commission. The 90+ acres would also be referred to the Board of Finance for recommendation. This would be set for referendum in May. If everything cannot be completed before may, the next referendum would be in November. The price would then be $2.8 million.

Mr. Hampton said he wants to make sure that the property is pristine and protected. Mr. Long wants to see the appraised value of the property.

After some discussion, Mr. Hampton made motion to refer, under the resolution outlined by Brian Smith, the 70 acres and the 90 acres of the Meadowood proposed settlement to the Planning Commission for further review. Mr. Hogan seconded the motion. All were in favor and the motion passed.

Mr. Hensley made motion to seek permission from River Bend and Griffin Land & Nurseries, Inc. to have the donated land at Meadowoods tested by the Town. Ms. Wertheimer seconded the motion. After some discussion, all were in favor and the motion passed.

Ms. Glassman said the Fire Marshall said that Eno Memorial Hall has needed sprinklers and another number of improvements since 2004. The Fire Marshall is slowly limiting the use of the building because it doesn't have sprinklers. There is no money appropriated for these improvements in the capital budget. The price for the recommended improvements is $1,850,920. The Fire Marshall will address the concerns with the Board.

After further discussion, Mr. Hensley made motion to forward the Eno Memorial Hall capital needs to the Public Safety Sub-Committee for discussion, at their meeting this Thursday, and to obtain a menu of options and prices on this project. Mr. Long seconded the motion. All were in favor and the motion passed.

5) Review, discuss and possibly adopt a resolution accepting a grant from the Hartford Foundation for Public Giving and approve a supplemental appropriation pursuant to 908©) of the Town Charter regarding same

Ms. Bullock said they applied for a $135,675 grant, to be received over a three year period, for the Technology Learning Center. This would allow 20 people to be on computers at one time. There will also be a teaching program in the next year and more programs in the years to come. The overall goal of the Technology Learning Center is to have a place in Town where questions can be answered or referrals made.

Mr. Long made motion to accept the grant from the Hartford Foundation for Public Giving in the amount of $135,675. Mr. Hensley seconded the motion. All were in favor and the motion passed.

Mr. Hogan made motion to approve the supplemental Appropriation pursuant to 908 ©) of the Town Charter in year one, in year two, and in year three as presented. Mr. Hensley seconded the motion. All were in favor and the motion passed.

6) Presentation and update from Town Assessor regarding status of Revaluation Project and a review of Tax Relief Programs for the Elderly, Disabled and Veterans

Mr. Gardner said the revaluation is required by law every five years to equalize assessments compared to current market value. He said there is no re-inspection this year.

Mr. Hampton asked that information on help available to the elderly, disabled and Veterans be sent to residents. Mr. Gardner said there are State and Local programs available for residents. There are also programs for Veterans and Active Duty members. Ms. Glassman said that would be looked in to further.

Mr. Hampton made motion to adopt Policies and Procedures to govern the "Preserve America Marketing Grant Special Revenue Fund" as attached. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Mr. Long made motion to accept the $3,000 donation pursuant to the Town's gift policy, from Garrity Asphalt Reclaiming with gratitude. Ms. Wertheimer seconded the motion. All were in favor and the motion passed.

Ms. Glassman said the newly elected Boards and Commission forms are up to date, except for two. She is also in the process of sending out letters to Boards and Commissions who haven't updated their forms in the last two years. They are also doing an inquiry as to where the employee conflict of interest forms are. Most have not been updated since 2001.

Ms. Wertheimer asked about the Conflict of Interest forms from the First Selectman. She would like those items to go to the entire Board not just the Deputy First Selectman for review. After some discussion, Ms. Wertheimer was told that the Deputy First Selectman cannot make a decision without the other Board members.

10) Review, discuss and possibly approve "Non-Discrimination Certification Form" as required by Bond Counsel for Wastewater Treatment Plant Project

Ms. Wertheimer made motion to approve the "Non-Discrimination Certification Form" as required by the Bond Counsel for the Wastewater Treatment Plant Project. Mr. Hogan seconded the motion. All were in favor and the motion passed.

Mr. Hampton made motion to approve the tax refunds in the amount of $29,291.13 for the period covering December 5, 2007 - January 9, 2008. Mr. Hogan seconded the motion. All were in favor and the motion passed.

Mr. Long said the Economic Development Commission will submit their budget shortly. He asked who handles the Tax Abatement program and what their procedures are.

Mr. Hampton said that Public Safety will meet this Thursday night. They will be defining a Mission Statement and their priorities for the upcoming year. There will now be a special agenda item on Eno Memorial Hall.

d) Personnel - Review, discuss and possibly act on recommendations made by the Personnel Sub-Committee regarding items discussed at the meeting held on January 14, 2008 at 6 p.m.

Mr. Long said the committee has met twice. They have reviewed policies for vacation time for terminated and retired employees. There are policies and practices for this time. The former First Selectman has accrued vacation time due to him.

After some discussion Mr. Long made motion to approve that Thomas Vincent be paid 38.35 days of accrued vacation time, with the rest of his time still under consideration. Mr. Hensley seconded the motion. All were in favor and the motion passed.

Mr. Long said the Sub-Committee would also like to have a consultant review all policies and procedures on Personnel issues. Ms. Glassman said there are funds available for this.

Ms. Glassman said she would like one member from each party to be on the Sub-Committee. Mr. Hampton, Ms. Wertheimer and Mr. Long will help on this Sub-Committee.

Ms. Glassman said she is having meetings with performers and is looking in to how the Town does business with them. Mr. Hampton and Mr. Hensley along with Dave Ryan will work on this. Mr. Hogan said that Culture, Parks and Recreation would be interested on this Task Force.

a) Review, discuss and possibly appoint Patricia Howland to the Housing Authority, to fill the unexpired term of a vacancy created by the resignation of Colleen Yates.

Mr. Hampton made motion to approve the appointment of Patricia Howland to the Housing Authority to fill the unexpired term of a vacancy created by the resignation of Colleen Yates. Mr. Hogan seconded the motion. All were in favor and the motion passed.

a) Notice of public informational meeting at Simsbury High School Amphitheater regarding Simsbury Airport Study on Wednesday, January 16, 208 at 7 p.m.

Ms. Glassman said the Town received a check from CRA from the settlement. The check cannot be appropriated until the appeals process is complete.

Ms. Glassman said they are doing homework on the elected Boards and Commissions. She gave the Board an update of what was found in the Board's packet. Appointments should be made at the next Board meeting.

Mr. Long made motion to approve the minutes of the Special Board of Selectmen meeting of December 10, 2007. Mr. Hampton seconded the motion. All were in favor and the motion passed.

Mr. Hogan made motion for a short recess at 9:40 p.m. Mr. Hampton seconded the motion. All were in favor and the motion passed. The Board reconvened at 9:50 p.m.

Attorney DeCrescenzo spoke about the provision in Section 702 on the permanent Boards and Commissions. Both Sections 701 and 1101 have to be included, as if that doesn't occur by January 15th, all Boards and Commissions as currently constituted stay in place until the notice of successors are qualified.

Boards and Commissions as listed in Section 701 of the Town's Charter. Mr. Long seconded the motion. All were in favor and the motion passed.

Mr. Hampton made motion to adjourn to Executive Session to discuss pending claims and litigations at 10:05 p.m. Mr. Hogan seconded the motion. All were in favor and the motion passed.