Board of Selectmen Eno Farms Sub-Committee Minutes of Special Meeting - June 28, 2013 - APPROVED

SIMSBURY BOARD OF SELECTMEN

ENO FARMS SUB-COMMITTEE

Minutes of Special Meeting

Friday, June 28, 2013 – 9:30 a.m.

Main Meeting Room – Simsbury Town Hall – 933 Hopmeadow Street

CALL TO ORDER

The meeting was called to order at 9:35 a.m. with Selectman Lisa Heavner present and Selectman Sean Askham participating by telephone.  Town Counsel Robert DeCrescenzo and Director of Administrative Services Thomas Cooke were in attendance.

PUBLIC AUDIENCE

Rafi Khan, 7 Tuller Circle.  Mr. Khan presented four documents to the Sub-Committee:  A letter from L. Stewart Bohan, Attorney-at-Law, to Robert M. DeCrescenzo, Esq. dated August 21, 2003; Minutes of Housing Partnership Meeting dated July 16, 1992; Resolution Regarding the Financing of Eno Farms, Simsbury, Connecticut, CHFA Development No. 91-021P by the Board of Directors of  the Connecticut Housing Authority adopted October 1, 1992; and Resolution Amending the Resolution Regarding the Financing of Eno Farms, Simsbury, Connecticut, CHFA Development No. 91-021P by the Board of Directors of  the Connecticut Housing Authority adopted December 17, 1992.

Mr. Khan asked the Sub-Committee to table any action prior to obtaining a title opinion letter updated the opinion letter provided by Attorney Bohan in 2003.  Mr. Khan reviewed the documents provided and stated that the documents demonstrated an intent to provide Eno Farms tenants with an ownership interest in the property.

Huguet Pameijer, 10 Highwood Road.  Ms. Pameijer stated that she spoke as a taxpayer of the Town of Simsbury and that in the late 1980s and early 1990s, Simsbury taxpayers agreed to proposed plans for Eno Farms because those plans included a home ownership element.  She stated that the Ground Lease governs the use of the property and she urged review of the title opinion provided by Attorney Bohan in 2003.  She stated that the litigation surrounding Eno Farms has gone on for too long and needs to be finally resolved.

John L. Giulietti, 20 Beverly Road, Vernon, CT 06066-6103.  Ms. Heavner asked Mr. Giulietti whether he was seeking to add the Town of Simsbury and its Board of Selectmen as defendants in a pending lawsuit.  Mr. Giulietti confirmed that he was seeking to add the Town and the Board of Selectmen as defendants.  Ms. Heavner asked Town Counsel Robert DeCrescenzo whether there was any reason Mr. Giulietti should not be permitted to speak.  Mr. DeCrescenzo confirmed that there was no concern as Town Counsel was present and non-residents are often provided with the courtesy of speaking at Public Audience.

Mr. Giulietti discussed the status of the legal action on appeal and offered to extend the Town additional time in order for the Town to have time to obtain a title opinion.  He also urged the Sub-Committee to table any action prior to receipt of a new title opinion.  He stated that plaintiffs were not seeking money damages; rather, they are seeking enforcement of the language in the pertinent documents which provide his clients with an ownership interest in their residences at Eno Farms.

Mr. Khan was provided with a second opportunity to speak.  He stated that when the 15-year tax credit expired, he and others believed that they would realize an ownership interest in their residences.  He stated that a legal opinion rendered by Judge Sater made clear that the Ground Lease was the controlling document.  He concluded that a fair reading of the controlling documents would demonstrate a legitimate ownership interest in the property.

Upon questioning from Messrs. Khan and Giulietti, Mr. DeCrescenzo stated that no formal decision would be rendered by the Sub-Committee at this meeting.

ACTION

Approval of Minutes from February 28, 2013

Mr. Askham moved approval of the February 28, 2013 minutes.  Ms. Heavner seconded the motion.  There were no changes to the draft minutes and the motion passed unanimously.

EXECUTIVE SESSION

II.   Review by Town Counsel of legal significance of May 22, 2013 correspondence from CHFA and May 29, 2013 correspondence from the Attorney General’s office with respect to Ground Lease, and review by Town Counsel of Defendants’ Motion to Cite-In Additional Parties filed in the case of CHFA – Small Properties, Inc. vs. Hussein Elazazy, et al., Docket No. HDD-CV-12-6036169-S

Mr. Askham made a motion to move into Executive Session for the purposes of (1) a review by Town Counsel of the legal significance of the May 22, 2013 correspondence from CHFA and the May 29, 2013 correspondence from the Attorney General’s office with respect to interpretation of the Ground Lease, and (2) review by Town Counsel of Defendants’ Motion to Cite-In Additional Parties filed in the case of CHFA – Small Properties, Inc. vs. Hussein Elazazy, et al., Docket No. HDD-CV-12-6036169-S.  Ms. Heavner seconded the motion and the motion passed.  The Sub-Committee went into executive session.  Mr. DeCrescenzo was present for the purposes of providing legal advice on these issues.  Mr. Cooke was present as the responsible administrator for the Town and for the purpose of providing relevant documentation to the Sub-Committee.

Mr. Askham moved to come out of Executive Session and Ms. Heavner seconded the motion.  The motion passed unanimously and the Sub-Committee came out of executive session at 10:50 a.m.

ADJOURN

Ms. Heavner moved to adjourn the meeting and Mr. Askham seconded the motion.  The motion passed unanimously and the Sub-Committee adjourned its meeting at 10:50 a.m.