Simsbury, CT - Board of Selectmen Meeting - March 24, 2008

REGULAR MEETING MINUTES

The Regular Meeting of the Board of Selectmen was called to order at 7:00 p.m. 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: Town Engineer Richard Sawitzke, David Ryan and other interested parties.

Jewel Gutman, 8 Daniel Lane and a Board member of the Simsbury Main Street Partnership, introduced Mr. Vinod Gadhia.

Vinod Gadhia, 24 Tim Clark Circle, stated that he has been a resident of Simsbury for 27 years and that he is a financial advisor with Edward Jones, a partnership whose philosophy is to "bring Wall Street to Main Street". This approach involves a financial advisor who lives in the community opening an office, giving clients personalized attention, and providing a full range of investment services. Ms. Glassman wished Mr. Gadhia well in his business.

Candace Fitzpatrick, 121 Great Pond Road, addressed the Board relative to their consideration of the charrette process. A former Selectman herself and a current member of the Board of Finance, she currently works with the UCONN Department of Public Policy managing public policy research projects. She expressed her concerns regarding the proposed charette process, primarily in that the citizen input has an inherent bias without a random sampling of the population, small groups are weakly representative of a larger population, and a cost benefit analysis is really needed in order to determine if the expense of the charrette process results in measurable benefits to a town, such as new regulations, improvement in the percentage of zoning application approvals, a decrease in lawsuits by developers or a measurable increase in the community's tax base. As a researcher, she felt that there are less expensive ways to scientifically answer the question of what our citizens' vision is for how our Town should look. She also felt that the cost benefit questions regarding the charrette process should be answered before entering committing to this kind of public expenditure.

Ms. Glassman stated that the cost of the charrette process is not known at this time and agreed that Ms. Fitzpatrick's points regarding citizen input are valid and thanked her for her input.

1. Receive public input on U.S. Postal Service plans to relocate office located at 932 Hopmeadow Street and possibly take action regarding same.

James Hickey, Real Estate Specialist with the United States Postal Service, Maureen Polech-Marion, Communications Programs Specialist with the United States Postal Service, and Neil Cunningham, Simsbury Postmaster, addressed the Board relative to the Postal Service's plans to relocate the carrier function that is currently housed on Hopmeadow Street to an annex in the Town of Avon. Stephanie Podewell, a representative of Congressman Murphy's office, was also in the audience to observe the presentation.

Mr. Hickey outlined the Post Office's intention to relocate the carrier function of the Simsbury Post Office to Avon as well as the retail function to another location in Simsbury, hopefully also on Hopmeadow Street. He indicated that the timeframe for the Post Office's consideration of the project is:

a) A 15-day waiting period after this public hearing so as to solicit additional comments from the public, followed by notification to the Town of the Post Office's decision as to how they would like to proceed;

b) An additional 30-day waiting period before the Post Office advertises for sites. Once the advertisement closes, the Town would then be notified of the sites that had been offered and any sites that were turned down by the Post Office as unacceptable;

c) Another 60-day waiting period in order to notify State agencies.

d) Another 30-day waiting period before proceeding with any plans.

Although the Post Office's intended timeframe is to accomplish the move as soon as possible, Mr. Hickey noted that the consolidation is tied to Avon.

Ms. Polech-Marion stated that the carrier function involves the more vehicular and back room sorting operations, whereas the retail functions are the current front desk operations (stamp sales, post office boxes, taking in packages, etc.) The Board questioned Mr. Hickey extensively and Ms. Glassman summarized their concerns as follows:

" The importance of maintaining a facility in downtown.

" Consideration of consolidating the carrier functions within the four existing Simsbury post offices as a means of promoting efficiency vs. consolidating the carrier functions with the Town of Avon.

" Better assurance that future growth of the Town (especially in view of the Meadowood development which will introduce approximately 300 new homes) was properly taken into account in the Post Office's projections that Simsbury only requires a 1,500 square foot retail facility, while Avon, which has a smaller population, requires a 2,000 square foot facility.

" Assuring that services to the Town's residents are not compromised in any way with respect to a 1,500 square foot facility.

Mr. Hampton asked if there are any plans to address the inadequate space at the Tariffville Post Office. Mr. Hickey replied that it is currently being looked at, but plans have not yet been approved.

Anita Mielert, 57 East Weatogue Street, speaking of behalf of the Main Street Partnership, reiterated the importance that any relocation of the retail function remain within the downtown area, as a post office is an integral component of a town's downtown area. She also stressed the importance that new location be close to other businesses and easily accessible by foot traffic.

Mr. Hickey stated that any written comments from the public should be addressed to:

United States Post Office

Attention: Paul Senk or James Hickey

6 Griffin Road North

Windsor, CT 06006-0300

Mr. Hogan suggested that the Town website be updated with this contact information. Ms. Glassman indicated that any written comments that may be received at Town Hall will be forwarded as well.

Ms. Glassman also acknowledged written public comment that had been received from Gary Half, a member of Landscape Architects, who indicated that he uses both the Simsbury and Avon postal facilities and was concerned about having to travel considerably further to do business at either post office. Written comment was also received from Michael Maliszewski, who suggested that the Post Office consider a new larger, more functional building in the center of Simsbury and that any new facility be named for Simsbury resident, Sergeant Felix Delgreco, who was killed in Iraq in April 2004. Mr. Hickey indicated that any such naming request needs to go through Congressman Murphy's office.

Catherine Welch, a Post Office employee, stated that moving the 16 Simsbury routes to Avon will be too much, that there will not be enough room and delivering packages from Avon to northern Simsbury makes no sense. Postmaster Cunningham acknowledged that were the function to move to Avon today, it would be a tight fit, but future initiatives and less routes will allow it to fit.

2. Receive presentation and possibly take action regarding the Smart Power 20% by 2010 Program.

Mr. Hampton indicated that Simsbury has tremendous opportunities to embrace clean energy and alternative sources of energy as reliance on fossil fuels and gas prices increase. It was his hope that tonight the Town will embrace the "20% by 2010" program as put forward by Smart Power. He stated that many towns have already signed on and that Simsbury is falling behind in terms of keeping up with environmentally friendly practices.

Charlie Moret, Managing Director of Connecticut Innovations who administers the Clean Energy Fund, stated that 70 communities have participated in the program and that the State of Connecticut has been one of the forerunning states for clean energy and there is a strong statewide commitment to clean energy. Also, Simsbury has about 170 residents who have committed to clean energy. He noted that, should the Town participate in the program, it would be eligible to obtain a solar PVC system for any building in town as well as both teacher and resident training.

Ms. Glassman confirmed that additional grant money will be available in the future since current funding is 100% subscribed. Mr. Hensley asked about the cost commitment to the Town should it decide to participate and was told that the three ways in which the Town could support clean energy are: 1) sign up for clean energy options for one or more Town buildings; 2) purchase Renewable Energy Certificates, which are tradable commodities, and 3) through its own systems. Ms. Glassman stated that there would be no immediate cost associated with any action taken this evening, but that staff would have to be directed to research various options that would need to be budgeted in the future. Ms. Wertheimer noted that the cost for the initial year (2008) for buying certificates would range from approximately $1,500 to $3,600.

Mr. Hampton stated that he was very excited about the educational component of the program. Ms. Wertheimer stated that she would welcome a future discussion around actual energy conservation. Mr. Moret indicated that one of the suggestions that will be made as part of the program will be for the Town to join the EPA's Community Energy Challenge, which is a no cost option to reduce all energy consumption by 10%. Nine communities are currently participating. Mr. Hensley stated that information on the program should be added to the Town website.

Mr. Hampton made a motion that the Board of Selectmen commit the Town of Simsbury to the "20% by 2010" campaign in which by the year 2010 municipal facilities will purchase 20% of any energy needs from clean resources. Ms. Wertheimer seconded the motion and it passed unanimously.

Mr. Long introduced the following resolution into the record:

WHEREAS, the Simsbury Board of Selectmen promotes conservation and the study of the use of renewable energy sources; and

WHEREAS, the Connecticut Legislature has mandated the creation of a clean energy option for consumers who will be able to sign up for clean energy on their electric bill; and

NOW THEREFORE BE IT RESOLVED, that the Board of Selectmen, with a commitment to the health of its citizens, commits the Town of Simsbury to the 20% by 2010 campaign where, by the year 2010, the municipal facilities will purchase 20% of energy needs from clean energy sources and that Town staff will investigate options for meeting that goal and beginning the purchases as soon as possible, including purchasing REC's (Renewable Energy Certificates), local clean energy installations and possibly state and federal funding opportunities; and

BE IT FURTHER RESOLVED, that the Town Staff explore the Connecticut Clean Energy Communities Program that provides qualified cities and towns with clean energy systems, free of charge, by meeting certain requirements.

BE IT FURTHER RESOLVED, that the Board of Selectmen commits to the allocation, to the extent reasonably feasible, of 100% of any electricity savings to additional Town purchases of clean energy and that the Department of Engineering will oversee the research and implementation of the 20% by 2010 campaign and will produce a progress report by July 1, 2008 to the Board of Selectmen documenting the timeline and potential cost savings of the campaign.

BE IT FURTHER RESOLVED, that the Board of Selectmen encourages residents and businesses to choose the clean energy option on their electricity bill when it becomes available, and will declare a Clean Energy Day in the spring to announce the Town's commitment to 20% by 2010 and raise awareness of the clean energy option.

The above amendments to the proposed resolution were accepted by both Mr. Hampton and Ms Wertheimer and the motion carried unanimously.

Mr. Hampton stated that he would like to move forward with the task force as soon as possible to oversee the next steps and welcomed public input and participation on the task force; Ms. Glassman agreed.

3. Receive presentation from Town staff regarding energy efficiency measures implemented in Town buildings and discuss plans for the review and possible implementation of "Green Initiatives" including planning for a Green Summit.

Ms. Glassman stated that no action was required from the Board, but just needed to endorse Town staff pursuing these options..

Town Engineer Richard Sawitzke stated that , for the last 10 years, the Town has participated in the Connecticut Energy Efficiency Fund, which advocates reducing power usage. He noted that, even with various expansions and renovations, the Town has realized savings of 20%-30% and has received incentive awards totaling $339,341 over the last several years. The Town has also participated in the Demand Reduction Program, in which electric load is shed. This practice has resulted in substantial credits, such as at the Waste Water Treatment Plant, where it totals $3,000 per month. Also, solar panels are being considered for the Tariffville School project.

4. Presentation and discussion regarding municipal application of "Light Emitting Diode" technology.

Mr. Sawitzke stated that, although much more costly initially, LED lights use much less power than regular incandescent lighting and that, in conjunction with the State of Connecticut, all the traffic signal bulbs on Route 10 have been replaced with LED's. Due to their expense, Mr. Sawitzke stated that they make more sense if incorporated into new capital projects or selective replacements. Ms. Glassman suggested that they be considered for some of the projects at Eno in order to save money. Mr. Hensley noted that they were used in the high school scoreboard and have not needed replacement yet.

Mr. Hampton stated that he hopes that the task force will produce an Environmental Summit of all the different boards and commissions that have purview over environmental issues to serve as a community watchdog. Ms. Glassman suggested that the summit could also be coordinated with the Clean Energy Day that is part of the "20% by 2010" program.

5. Receive recommendation regarding consultant selection for a Manager of the Performing Arts Center located at the Simsbury Meadows.

Ms. Glassman stated that the task force that looked at professionalizing the Simsbury Meadows facility reviewed various proposals that were submitted relative to providing managerial services.

After reviewing the five proposals that were received, the recommendation was made that the Town negotiate a contract with Keith Distel. The key components of the contract would be for Mr. Distel to retain three mid-sized events, put together a marketing plan and self-sustained fund, and to compose a long term plan.

Dave Ryan, who headed the task force, stated that it was determined that there was a need to have someone supervise the facility for the 2008 season. The Board will be in place next year and will be able to do a more thorough job and the intent of the RFP was to solicit a proposal that would have incentive clauses for retaining the three events as well as compensating for managerial tasks, reporting back on profit and loss and marketing efforts.

Mr. Long noted that what is being sought is authorization to negotiate a contract so as bring the proposal more in line with the task force's recommendations relative to engaging a person for the current year only with no commitments relative to future years. Ms. Glassman concurred and indicated that the Board would be relied upon to determine what happens going forward.

Mr. Long made a motion to authorize the First Selectman to negotiate the contract with Keith Distel, in accordance with the recommendation of the task force, and, if not possible, to also authorize her to approach others on the list provided by Gerard Toner so as to get a person on board for this year. Mr. Hampton seconded the motion and it passed unanimously.

Mr. Hogan asked if the intent was to give Ms. Glassman free reign to negotiate any kind of contract on behalf of the Town. Ms. Glassman responded that, if she is able to negotiate the Board's concerns relative to getting the proposal to be more in line with the task force's intentions, then she would go forward. However, she wanted the Board of Selectmen to be comfortable with any arrangement and, if anything were to change substantially, then she would bring the issues back to the Board for discussion.

6. Review, discuss and possibly take action concerning "Resolution on Proposed Open Space Designated in Conjunction with the Meadowood Planned Residential Community".

Ms. Glassman noted that a letter had just been received late this afternoon from GZA GeoEnvironmental, Inc. stating that the Meadowood property could be used as playing fields and open space, but that additional testing would be needed to determine if farming would be appropriate. Mr. Hogan noted that there is a great deal of interest as to how this land will be used, but in voting on this resolution this evening, the Board is not committing to any particular use.

Mr. Long noted that the GZA recommendations are based on very limited testing that consisted of six samples taken at relatively low levels of depth. He also questioned language contained in the Resolution as to whether the Board of Selectmen "may" or "must" refer the purchase of the other parcel to referendum and was told that Town Counsel has advised that the correct term is "may refer". Additionally, he questioned the reference to the purchase being subject to a "positive recommendation of the Board of Selectmen and Board of Finance". Ms. Glassman stated that the Board voting to move the purchase forward to Town Meeting would constitute a positive recommendation. Mr. Long stated that he would support the motion to accept the donation of the 90 acres if the word "positive" were removed from the Resolution.

Mr. Long made a motion to accept the "Resolution on Proposed Open Space Designated in Conjunction with the Meadowood Planned Residential Community" dated January 14, 2008 with the condition that the word "positive" be striken from the first sentence in the fifth paragraph. Mr. Hogan seconded the motion and it carried unanimously.

7. Review, discuss and possibly take action regarding FY 09 Capital Projects and Operating Budget.

a. Action on capital budget items for 2008-2009 fiscal year - including receipt of referral from the Planning Commission.

Mr. Hogan introduced the following resolution, which was seconded by Mr. Hampton:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Laurel Hill/Gertsen land acquisition of approximately 50 acres located along the Talcott Mountain ridgeline for open space, recreation and other municipal purposes; and (2) recommends that the Town of Simsbury appropriate $720,000 for the project; that the Town authorize the issue of bonds or notes and temporary notes in an amount not to exceed $720,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Mr. Long stated that Simsbury's schools and buildings, like Eno Hall, all need maintenance and upkeep and the Town has acres of land with no stewardship program, which involves a costly annual expense. He felt that it is important for the Town to care for what it has, while, at the same time, the citizens are clamoring for tax relief. In view of these factors, he felt strongly that the next resolution should not go forward. Ms. Glassman agreed that the Town is being faced with some serious choices and that it is important to make the public aware of the associated costs, noting that Moody's is currently looking at the Town's bond rating and increasing debt load that is due to previous purchases.

Mr. Long questioned as to whether it is in "the best interests of the Town" to move a project on to referendum, but recommend that they not support it. Mr. Hensley agreed with Mr. Long's observations, but thought that, when land is a limited resource, the Board has the same responsibility to protect open space and that they must take action when the opportunity presents itself. Mr. Long agreed, but added that the Town cannot do everything.

Ms. Glassman stated that the issue is one of timing vs. resources and that the choice must be conveyed to the voters so that they will know that the commitment to buy the land will result in an increase in their taxes or that certain other projects may fall off as a result; given those details, they may decide that the parcel is not affordable. She said that she was comfortable forwarding the choice on to the residents.

Ms. Wertheimer thought that it was important to convey the effects of the purchase to the public and to let them decide and that it would be important that the Board of Selectmen presentation at the Town Meeing incorporate this information.

M r. Hogan introduced the following resolution, which was seconded by Mr. Hampton:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Acquisition of approximately 77 acres of land bounded by Firetown Road and Holcomb Road and located on both sides of Barndoor Hills Road, subject to certain conservation restrictions as to the use of the land, as provided in certain Settlement Agreements approved or to be approved by the Board of Selectmen; and (2) recommends that the Town of Simsbury appropriate $2,750,000 for the project; that the Town authorize the issue of bonds or notes and temporary notes in an amount not to exceed $2,750,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved by 5 votes in favor and 1 vote opposed (Mr. Long).

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Mr. Long introduced the following resolution, which was seconded by Mr. Hogan:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Design and construction of streetscape improvements at the Rts. 10/167/Drake Hill Road intersection associated with certain State DOT Projects, including traffic flow improvements, center area improvements, turning lane reconfiguration, traffic signal modernization, pedestrian access and safety improvements through construction of sidewalks, curbs, crosswalks and traffic calming treatments, lighting, plantings, landscaping and completion of the Greenway trail; and (2) recommends that the Town of Simsbury appropriate $325,000 for the project; that the Town authorize the issue of bonds or notes and temporary notes in an amount not to exceed $325,000 to finance the appropriation; and that the term of the bonds or notes not exceed ten years.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Ms. Glassman introduced the following resolution, which was seconded by Ms. Wertheimer:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Improvements to Eno Hall, including safety, code, accessibility and preservation improvements such as installation of a fire suppression system, front entry walks and surrounding feature improvements, architectural code construction, handicap access improvements and repairing and repainting of clock tower and columns; and (2) recommends that the Town of Simsbury appropriate $1,000,000 for the project; that the appropriation be funded $200,000 from the Eno Memorial Fund, State or federal grants and the remainder from General Fund Reserves.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Mr. Hogan recused himself due to the appearance of a conflict of interest and left the room at this time.

Mr. Hampton introduced the following resolution, which was seconded by Mr. Hensley:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Water main extensions and fire hydrant service for fire protection into portions of Whitcomb Drive, The Glade, The Butterchurn, Wyngate or, after referral to the Planning Commission for a report pursuant to Section 8-24 of the General Statutes, other equivalent areas; and (2) recommends that the Town of Simsbury appropriate $170,000 from General Fund Reserves for the project.

The resolution was approved by 5 votes in favor and 1 abstention (Mr. Hogan).

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Mr. Hogan rejoined the meeting at this time.

Mr. Hensley introduced the following resolution, which was seconded by Mr. Long:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was included in the Town's Capital Improvement Plan for the ensuing year: Sewer main extensions on Cornfield Road, High Hill Circle, portions of Bushy Hill Road near Joseph Drive or, after referral to the Planning Commission for a report pursuant to Section 8-24 of the General Statutes, other equivalent areas; and (2) recommends that the Town of Simsbury appropriate $260,000 from the Sewer Assessment Fund for the project.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Ms. Wertheimer introduced the following resolution, which was seconded by Mr. Long:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Design and reconstruction of the South Pump Station, including rewiring and repiping, replacement of existing pumps with three dry pit submersible pumps, replacement of motor controls, construction of a hatch between levels for equipment removal, replacement or refurbishment of railings, replacement of access hatch on the wetwell, installation of a flow meter and necessary connections to computer system; and (2) recommends that the Town of Simsbury appropriate $450,000 from the Sewer Use Fund for the project.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Mr. Hogan introduced the following resolution, which was seconded by Mr. Hensley:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was not included in the Town's Capital Improvement Plan for the ensuing year but the need to fund the project is in the best interests of the Town: Replacement of the roof on the original section of Tootin' Hills School and the roof on modular classrooms; and (2) recommends that the Town of Simsbury appropriate $1,257,500 for the project from any available State grants and the remainder from General Fund Reserves.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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Mr. Long introduced the following resolution, which was seconded by Mr. Hensley:

RESOLVED, that the Board of Selectmen hereby (1) approves the following project, which was included in the Town's Capital Improvement Plan for the ensuing year: Replacement of boilers and controls at Tariffville School and Henry James Memorial School and; (2) recommends that the Town of Simsbury appropriate $700,000 from General Fund Reserves for the project.

The resolution was approved by 6 votes in favor and 0 votes opposed.

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b. Set date, time and place for Annual Budget Meeting

Ms. Glassman introduced the following resolution, which was seconded by Mr. Hampton:

RESOLVED, that pursuant to Section 910 of the Charter, the Board of Selectmen calls the Annual Town Meeting for consideration of the budget to be held on the first Tuesday of May, May 6, 2008 at 7:30 P.M. in the Simsbury High School Auditorium, 34 Farms Village Road.

The resolution was approved by 6 votes in favor and 0 votes opposed.

c. Set date, time and place for Special Town Meeting following Annual Budget Meeting

Mr. Hampton introduced the following resolution, which was seconded by Ms. Wertheimer:

RESOLVED, that pursuant to Section 509 of the Charter, the Board of Selectmen calls a Special Town Meeting for Tuesday, May 6, 2008 immediately following the Annual Town Meeting for consideration of the budget scheduled for 7:30 P.M. in the Simsbury High School Auditorium, 34 Farms Village Road to consider and act upon resolutions as outlined in the Notice of Special Town Meeting, which is attached to these Minutes as Appendix "A", which notice is hereby approved.

The resolution was approved by 6 votes in favor and 0 votes opposed.

d. Set date, time and place for Referendum and approve notice for Special Town Meeting and Referendum.

Mr. Hogan introduced the following resolution, which was seconded by Mr. Hampton:

(a) that pursuant to Section 506 of the Charter the resolution under item 2 of the Notice of Special Town Meeting, regarding an appropriation and bond and note authorization for acquisition of approximately 77 acres of land bounded by Firetown Road and Holcomb Road and located on both sides of Barndoor Hills Road, subject to certain conservation restrictions as to the use of the land, as provided in certain Settlement Agreements approved or to be approved by the Board of Selectmen shall be submitted to the voters in the manner provided by said Section on May 20, 2008, between the hours of 6:00 A.M. and 8:00 P.M.

(b) The resolution shall be placed upon the voting machines or paper ballots under the following heading:

"SHALL THE TOWN OF SIMSBURY APPROPRIATE $2,750,000 FOR ACQUISITION OF 77 ACRES OF LAND NEAR FIRETOWN, HOLCOMB AND BARNDOOR HILLS ROADS AND AUTHORIZE BONDS AND NOTES IN THE SAME AMOUNT TO FINANCE SAID APPROPRIATION?"

Voters approving said resolution will vote "Yes" and those opposing said resolution shall vote "No".

Electors and persons qualified to vote in town meetings who are not electors will vote at the following polling place:

Henry James Memorial Junior High School Gymnasium

155 Firetown Road, Simsbury, Connecticut

Absentee ballots will be available from the Town Clerk's office.

The resolution was approved 5 votes in favor and 1 vote opposed (Mr. Long).

8. Review, discuss and possibly take action regarding tax refunds as recommended by the Tax Collector.

Mr. Hogan made a motion to adopt tax refunds in the amount of $2,485.68. Ms. Wertheimer seconded the motion and it passed unanimously.

SUB COMMITTEE REPORTS

Mr. Long stated that the Personnel Subcommittee was prepared to take action on the claim made by the former First Selectman for payment of accrued but unused vacation time at the time of separation. However, upon receiving communication from counsel representing the former First Selectman more formalizing the claim that he has made, the Subcommittee decided that it would be best to report the claim back before the entire Board and refer the matter to Town Counsel.

Mr. Hensley was concerned that more expense would be incurred, but Ms. Glassman stated that it would be covered under the Town's retainer. Mr. Hogan asked about the scope of services that would be expected from Town Counsel and Mr. Long stated that he would like a response to the letter. Mr. Hogan stated that he would like a recommendation from Town Counsel as to how to proceed. Ms. Glassman stated that she was looking forward to policies being put in place by the Personnel Subcommittee that will protect the Town.

Mr. Hampton stated that the Public Safety Sub-Committee adopted the following Mission Statement at its last meeting:

The mission of the Simsbury Board of Selectmen Public Safety Sub-Committee is to facilitate the coordination and collaboration efforts of all town public safety officials, departments, the Local Emergency Planning Committee (LEPC) , and ancillary agencies to insure and preserve public safety within our community through emergency preparedness.

a. Board of Assessment Appeals

Mr. Hogan made a motion to appoint Mr. Hampton as liaison to the Board of Assessment Appeals to replace Mr. Long, who has advised that he can no longer serve in that capacity. Mr. Hensley seconded the motion and it passed unanimously.

Mr. Hampton reported that the Library is on target to open in mid-April and the opening is June 8th. Hopefully, there will be a tour for the Board of Selectmen prior to that.

Mr. Hogan noted that the temporary site of the Library is now closed and Ms. Wertheimer added that people who currently have checked out materials should hold on to them until mid-April and should not return them to either the temporary library or the library under renovations until then.

MISCELLANEOUS COMMUNICATIONS

a. 2008 "Ability Awareness Awards"

Ms. Glassman acknowledged an announcement regarding the acceptance of nominations for 2008 "Ability Awareness Awards". Mr. Hogan stated that he is the liaison to the Aging and Disability Commission and that they are seeking nominations for an award that they give out to residents who have contributed to the advancement of persons with disabilities or are themselves disabled and have contributed to the lives of others and that the actions must relate specifically to a person with a disability who resides in the Town of Simsbury. There is a form for anyone wishing to nominate someone on the Town website, which needs to be turned into the Social Services Department no later than March 28, 2008 by 4:30 p.m.

b. Simsbury Woman's Club Annual Arts and Crafts Festival

Ms. Wertheimer made a motion to approve a request by the Simsbury Woman's Club for use of Town property for the Annual Arts and Crafts Festival on September 13 and 14, 2008. Mr. Hensley seconded the motion and it passed unanimously.

c. 2009 Neighborhood Assistance Act Applications

Ms. Glassman acknowledged an announcement regarding the 2009 Neighborhood Assistance Act applications. She indicated that application ideas are being solicited and information will be sent out to nonprofit organizations. Mr. Hampton noted that there are opportunities for energy conservation programs under this grant.

d. Adoption of "Non-Discrimination" Language

Ms. Wertheimer introduced the following resolution, which was seconded by Mr. Hampton:

RESOLVED, that the Town of Simsbury hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Conn. Gen. Stat. §4a-60(a)(1) and §4a-60a(a)(1), as amended in the State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142, as those statutes may be amended from time to time.

The resolution was approved by 6 votes in favor and 0 votes opposed.

Mr. Long made a motion to approve the minutes of the March 10, 2008 Regular Meeting and Mr. Hampton seconded the motion.

Mr. Hensley noted a typographical error in the last sentence of the first paragraph under Public Audience. Ms. Wertheimer asked that the word "residents to vote no" be changed to "the Board of Selectmen to vote no" in the second paragraph of page 2 for clarification. She also thought that the word "political" should be changed to "critical" for clarity in the same paragraph. Mr. Hampton noted that the address of Rep. Schofield should be corrected to be 3 Ryan Circle on page 2. The clerk was asked to identify who cast the "nay" votes in motions on pages 4 and 7.

The motion to approve the minutes as amended passed 5-0 (Mr. Hogan abstained).

Mr. Hensley made a motion to adjourn to Executive Session to discuss the Hoskins Crossing tax appeal and, pursuant to C.G.S. 1-200 (6) (b) (e) and 1-210 (b) (4), to discuss strategy and negotiations with respect to a pending claim. Mr. Long seconded the motion and it passed unanimously.

The Board adjourned to Executive Session at 9:42 p.m. Mr. Long excused himself at that time. The meeting reconvened at 10:10 p.m. No action was taken.

Ms. Wertheimer made a motion to adjourn the meeting at 10:10 p.m. Mr. Hampton seconded the motion and it passed 5-0.

Respectfully submitted,

Mary A. Glassman, First Selectman