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Board of Selectmen Meeting - March 10, 2008 - Amended Minutes
TOWN OF SIMSBURY
BOARD OF SELECTMEN
AMENDED REGULAR MEETING MINUTES
MARCH 10, 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, and Michael Long.  Others in attendance included: Brandon Robertson, David Ryan, John Loomis, Ed LaMontagne, and other interested parties.

CALL TO ORDER

Ms. Glassman called the meeting to order at 7:00 p.m.

PUBLIC AUDIENCE

Robert Kalechman, 971 Hopmeadow Street, thanked the Board for allowing him to address them.  He said he is concerned about the platform everyone ran on in the last election.  This Board is now giving out money every time they meet.  He is concerned about the grant in the amount of $125,000 for the Airport Study.  He said the Board also gave money for the Music Festival.  He said the Board said they were committed to lowering taxes and yet the budget has gone up as the Board keeps spending and spending.   He feels the Board goes from mistake from mistake to mistake.

Ms. Glassman said the airport study was approved in August 2007 and the Town's participation in that is $1,500.  This issue will be discussed later in the agenda.

Nancy Miller, newly elected Chairwoman of Simsbury Citizens First, said they support the charrette initiative as proposed by the First Selectman.  She feels the charrette process would help the Zoning Commission bridge the gap between what is recommended in the plan and the writing of the mixed use zoning regulations along with their adoption.    This would be form based zoning.  There would be consultants to help with the new zoning regulations.

Ms. Miller said the cost of the charrette is unknown, but possible grants and private source money may offset the cost.  She said the cost in terms of not doing this process should also be looked at.  This process will be a first positive step.  

Jill Patterson spoke about clean energy.  There are enough people in Town who signed up for the clean energy 20% by 2010 program and if the Town signs up there will be a free solar panel for a Town building.  It's a very easy program.  

Helen Peterson, 20 Longview Drive, said she also supports the charrette said the citizens have spoken many times about the issues of preservation of the valuable resources.  She feels the charrette would be very important for the preservation of Simsbury.  She feels if this is not done there will be a disconnect with the Board and the community. "We can afford a charrette, but
we cannot afford mistakes."

Rich Correia, President of Main Street Partnership introduced Jerry Paster and Jane Porterfield, who now have four business locations.  They are the owners of Educational Play Care.  

Mr. Paster said their business is child care and school age services for about 185 kids in Simsbury.  This is the first building they own as the other three properties are leased.  They spent a lot of time and money on fixing up this building for the Town. They hope to make Simsbury proud.

State Representative Linda Schofield, 3 Ryan Circle, spoke about "Litter Lugging Day" which will be held on April 12th from 9-11am. Everyone is invited to come to Town Hall to help clean-up the streets of Simsbury.  She also invited all clubs to join this event.

Ms. Schofield said that Mike Paine is volunteering to take away all of the trash. They will recycle materials as well.  Gloves, vests and bags will be provided as well as refreshments.  Ms. Schofield would also like recycling bins put up at parks and other public places.

Sue Bednarcyk said she also supports the charrette as this is a healthy planning process.  This will help to educate the public on long term growth and preservation in Town.

Joan Coe, 26 Whitcomb Drive, said she still hasn't received any answers from any of her questions.  She feels this is the time for a Town Manager form of government and wants this issue put on an agenda soon.

Ms. Coe said there has been a final decision from the FOI Commission on FIC 2007-447.  This 26 page document is in favor of the complaintive.  

She asked the residents to vote no on the transfer of funds for the airport study for $125,000.
Ms. Coe said, at the last meeting, there was a lot of discussion about the charrette being denied and she feels this is politically smart for the growth of Simsbury.

Ms. Coe said that on March 11th there will be a Public Hearing on capital expenditures at Simsbury High School.  The Meadowood Land Purchase is agenda item.  She feels this acquisition should be approved by the voters.

Ms. Coe said feels the disaster relief policy should be clarified and should fall under Home Land Security not Board of Education.  All of her comments can be read on Simsbury.com/forum.

Hometown Hero Award

Ms. Glassman asked everyone to submit their nominations for this award to her by April 15th.  She gave the Board a list of criteria to meet.

1) Review, discuss and possibly authorize the Town's participation in "The Farmington River Watershed Conservation Compact"

Eric Hammerling from the Farmington River Watershed said this participation is voluntary with no cost to the Town.  This "Compact" recognizes that Simsbury is part of the Watershed.  Mr. Hensley recused himself.

Mr. Hammerling said there are 23 Towns in the Watershed.  There are three pieces to the compact:
1) It asks the Town to recognize the importance of the Farmington River and its Watershed in enhancing water resources, water quality and integrity of stream and groundwater flows for the fauna that depends on it;
2) Supports the efforts to link and maintain habitats and natural landscapes throughout the Watershed; and
3) Work to ensure the long-term health and vitality of the Watershed and enhance social and economic vitality of the Watershed.

Mr. Hammerling noted that the Atlantic Salmon stocking workshop is being held on April 12th at the Library Annex.  Also, April 22nd is Earth Day and they will be holding a Shred-a-thon at Avon Old Village Shops.  On April 26th the new Riverview Banquet Facility is holding a benefit for the Farmington River Watershed Association, the Farmington Valley Trails Council and the East Coast Greenway to support different organizations.

After some discussion, Mr. Hampton made motion to authorize the Town of Simsbury to participate in the Farmington River Watershed Conservation Compact as presented.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

Mr. Hensley rejoined the Board.

2) Review, discuss and possibly schedule a Public Hearing pursuant to Section 404 of the Town Charter to receive public comment regarding a proposed amendment to Chapter 5 of the Town Code of Ordinances entitled "Aging and Disability Commission"

Mr. LaMontagne said the Board has a proposed ordinance change.  This is to define the members of the Aging and Disability Commission.  The Town Attorney read and changed the language,
which did not include the specific requirements the Commission had requested.  The Commission would like their draft proposal approved.  It is the intent of the Commission to include citizens with knowledge and experience related to issues of seniors and persons with disabilities.  

Ms. Glassman said the Board would like a compromise and adopt, as their mission, to seek out correct members for this Commission.      

After discussion, Mr. Long made motion to adopt the language that was offered by the Town Attorney, about the "Aging and Disability Commission", as a policy of the Board of Selectmen going forward.  Mr. Hensley seconded the motion.  Four were in favor with Mr. Hampton voting against.  Therefore, the motion passed.

3) Receive a presentation regarding the Smart Power 20% by 2010 Clean Energy Campaign and possibly take action regarding same.

Mr. Hampton made motion to table the Smart Power 20% by 2010 Clean Energy Campaign until the next Board of Selectmen meeting.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

Ms. Glassman said Recycling Committee has been asked to put this issue on their agenda, but they tabled it.  The Board should report back to the Recycling Committee when the issue is discussed further.  Another Committee might need to be formed.

4) Simsbury Performing Arts Center Task Force recommendation for Organization and Management

Mr. Long made motion to create a Simsbury Performing Arts Center Board, consisting of seven members, to be appointed to terms expiring December 7, 2009, to set policies and annual objectives, plan future growth, motivate the management to meet the objectives and to report annual on performance.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

5) Review, discuss and possibly authorize a transfer from reserves pursuant to Section 909 (a) of the Town Charter, in the amount of $125,000 for the purpose of funding the following study: "Simsbury Airport Study FAA-(AIP) Project No. 3-09-0019-01-200.

Ms. Glassman noted that this is to create the fund to appropriate the funding for the FAA grant.  The Town would only pay $1,563.

Mr. Long said that he serves on the Board of Directors of Bradley International  Airport, but he does not feel voting on this issue is a conflict of interest, as this is just to approve a Simsbury Airport study at this time.  

Ms. Wertheimer made motion to authorize a transfer from reserves pursuant to Section 909(a) of the Town Charter, in the amount of $125,000.00 for the purpose of funding the "Simsbury Airport Study FAA-(AIP) Project No. 3-09-0019-01-200."  Also, recommending to the Board of Finance to approve the transfer.  Mr. Hensley seconded the motion.  All were in favor and the motion passed.

6) Review, discuss and possibly refer FY09 Capital Project as approved by the Board of Selectmen to the Planning Commission pursuant to C.G.S. 8-24.

Mr. Hampton made motion to refer the following FY09 Capital Project items, as approved by the Board of Selectmen, to the Planning Commission pursuant to C.G.S. 8-24: Laurel Hill/Gersten Land Purchase; Firetown/Barndoor Land Purchase; Streetscape Route 10/167 Project; Eno Hall Improvements; Water Extensions; Sewer Extensions; and Rehabilitation of South Pump Station.  Mr. Hensley seconded the motion.  All were in favor and the motion passed.

Ms. Glassman noted the Public Hearing will be held Tuesday, March 11, 2008 at 7:30 at the High School.

7) Review, discuss and possibly take action with respect to the pending Meadowood Proposal:
a) Review result of C.G.S. 8-24 referral to the Planning Commission
b) Review, discuss and possibly adopt "Resolution on Proposed Open Space designated in conjunction with the Meadowood Planned Residential Community"

Ms. Glassman said the Board received the resolutions back from the Planning Commission.  She noted they were waiting for the report from GZA Associations about the study of the soil samples of the parcel.  That report just came in and the Board was given a copy in their packet.

Mr. Peck said the GZA report looked at arsenic and Chlordane.  They were both acceptable results for open space use.  Therefore, if the parcel is to be used for anything other than open space, more testing should be performed.  

Ms. Glassman said this issue would be discussed further at the March 24th meeting.  Then they would have to send this item to Referendum along with the other projects approved at tomorrow nights meeting.

8) Review, discuss and possibly authorize the First Selectman to execute a "Conservation Program Contract" with the USDA for a Wildlife Habitat Incentives Program (WHIP) Grant

Ms. Glassman said the Town applied for a grant for species along the Baker Property.  

After some discussion, Mr. Hampton made motion to authorize the First Selectman to execute a "Conservation Program Contract" with the USDA for a Wildlife Habitat Incentives Program (WHIP) Grant.  Mr. Long seconded the motion.  All were in favor and the motion passed.

Ms. Glassman said Mr. Peck will get back to the Board on what exactly is being approved with this grant money.

9) Review, discuss and possibly approve tax refunds in the amount of $19,717.69 as requested by the Tax Collector.

Ms. Wertheimer made motion to approve tax refunds in the amount of $19,717.69 for the period covering February 13 - March 5, 2008.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

10) Sub-Committee Reports

Receive report from Board of Selectmen Sub-Committee to review responses to Legal Services Requests for Proposals and possibly take the following action:

a) Approval of Special Meeting Minutes from February 8 and January 25, 2008

Mr. Hampton made motion to approve the Special Meeting Minutes from the Sub-Committee to review responses to legal services from February 8 and January 25, 2008.  Ms. Glassman seconded the motion.  Ms. Glassman and Mr. Hampton approved the minutes as no one else from the Board was in attendance.
b) Possibly take action regarding appointment of Town Attorney pursuant to Section 806 of the Town Charter

Mr. Hampton made motion to approve the appointment of Updike, Kelly and Spellacy, P.C. as the Town Attorney for the Town of Simsbury.  Ms. Glassman seconded the motion.  All were in favor and the motion passed.

c) Possibly take action regarding appointment of Labor Counsel pursuant to Section 806 of the Town Charter

Mr .Hampton made motion to approve the appointment of Siegel, O'Connor, O'Donnell and Beck, P.C. as Labor Counsel.  Ms. Glassman seconded the motion.  Four were in favor with Ms. Wertheimer against.  Therefore, the motion passed.

d) Public Safety

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

e) Finance

No report at this time.

f) Welfare

No report at this time.

g) Personnel

Mr. Long said there will be a Personnel Sub-Committee meeting on March 18th at 6 p.m.

11) LIAISON REPORTS

Mr. Hampton thanked the Farmington Valley Trails Council and East Coast Greenway and all the other groups who made the symposium possible last Thursday.  There were great discussions and presentations.

12) MISCELLANEOUS/ COMMUNICATIONS

a) Receive notice of "Litter Lugging Day" sponsored by Rep. Linda Schofield to be held on April 12, 2008 between 9:00 and 11:00 a.m.

Ms. Glassman said Representative Schofield already spoke on this issue.

b) Review, discuss and possibly approve request to utilize Town property for an event to be held on April 27, 2008 entitled "Simsbury/Granby Rotary Club River Road Race.

Ms. Wertheimer made motion to approve the request to utilize Town property for an event to be held on April 27, 2008 entitled Simsbury/Granby Rotary Club River Road Race.  Mr. Hensley seconded the motion.  All were in favor and the motion passed.

c) Review, discuss and possibly authorize Simsbury Flying Club to utilize Town property for parking for an event to be held on September 21, 2008.

Mr. Long made motion to authorize Simsbury Flying Club to utilize Town property for parking for an event to be held on September 21, 2008.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

Ms. Glassman noted that the $5 charge will be split between the Boy Scouts and Flying Club.

d) Receive proposed "Simsbury Recycles" decal intended for trash bins in Town parks

The Board was given a copy of the symbol to be used on the trash bins.

13) APPOINTMENTS AND RESIGNATIONS

a) Accept the resignation of Jon Barney as a full member of the Economic Development Commission.

Mr. Long made motion to accept the resignation of Jon Barney as a full member of the Economic Development Commission. Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

b) Appoint Alan C. Needham as a full member of the Economic Development Commission filling the vacancy left by Jon Barney with a term to expire January 1, 2014.

Mr. Hensley made motion to appoint Alan C. Needham as a full member of the Economic Development Commission filling a vacancy with a term to expire January 1, 2014.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

c) Appoint John Ritson as a full member of the Culture, Parks and Recreation Commission with a term to expire on January 1, 2014.

Mr. Hensley made motion to appoint John Ritson as a full member of the Culture, Parks and Recreation Commission with a term to expire on January 1, 2014.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

14)  APPROVAL OF MINUTES

a) Review, discuss and possibly approve the Minutes of the Regular Meeting of February 25, 2008

Mr. Hampton made motion to approve the minutes of the Regular Meeting of February 25, 2008 with correction.  Ms. Wertheimer seconded the motion.  All were in favor, with Mr. Long abstaining, and the motion passed.

15) ADJOURN TO EXECUTIVE SESSION

a) Pursuant to C.G.S. 1-200 (8) to discuss Joseph G. Jurczak vs. Town of Simsbury claim pending before the State of Connecticut Worker's Compensation Commission  
b) Pursuant to 1-200 (c) to discuss strategy and negotiations with respect to collective bargaining  

Mr. Hensley made motion to adjourn to Executive Session at 9:15 p.m. pursuant to C.G.S. 1-200 (8) to discuss Joseph G. Jurczak vs. Town of Simsbury claim pending before the State of Connecticut Worker's Compensation Commission and pursuant to 1-200 (c) to discuss strategy and negotiations with respect to collective bargaining.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

Respectfully submitted,


Mary A. Glassman, First Selectman


06070 - Simsbury
06081 - Tariffville
933 Hopmeadow Street, Simsbury, CT 06070 Phone: (860) 658-3200 Fax: (860) 658-3206
Hours: Mon. 8:30 - 7:00; Tues. - Fri. 8:30 - 4:30
06092 - West Simsbury
06089 - Weatogue