Meeting Minutes

Meeting date: 
Monday, June 25, 2012

TOWN OF SIMSBURY - BOARD OF SELECTMEN
REGULAR MEETING MINUTES -
JUNE 25, 2012

 

 

CALL TO ORDER

The Regular Meeting of the Board of Selectmen was called to order at 7:03 p.m. in the Main Meeting Room of the Simsbury Town Offices.  Present were: Deputy First Selectman John Hampton, Sean Askham, Lisa Heavner, Moira Wertheimer and Nancy Haase.  First Selectman Mary Glassman was absent.  Others in attendance included Tom Cooke, Attorney Robert DeCrescenzo and other interested parties.

PLEDGE OF ALLEGIANCE

Veteran’s led the Pledge of Allegiance.

PUBLIC AUDIENCE

Robert Kalechman, 791 Hopmeadow Street, asked for a point of order on the request of Veteran’s.  He asked that they be given all the time needed for their proposal.  He also asked to speak then, however the Board decided that he should just speak now.  They will be given enough time for their presentation.

Mr. Kalechman said he requested that flags be presented in the proper order.  He had the rules and regulations governing the flags.  He said it is very clear that the American flag must be clean and presented in a proper order.   He and Mr. Paine were both Marines and they will stand together on this issue.  He feels money is thrown around and money should also be given to the people handling the flags now, before they are torn.

Mr. Kalechman said there is a lot of publicity with candidates in the 5th District.  He feels a resolution should be passed that this Board doesn’t approve of what is going on with either candidate. 

Mr. Kalechman also spoke about monuments.  He feels the land given to the bike sculpture was wrongly given.  We should be building monuments for people who died in different wars for the Veterans. 

Joan Coe, 26 Whitcomb Drive, said the Charter Revision, as submitted, should be rejected.  She wants to see the Town Manager issue placed in the Charter.

Ms. Coe said staff put agendas in mailboxes about the ground lease agreement with Eno Trust and that is illegal.  She said there was a classified ad stating Eno Farms was for low and
moderate income people.  This is for low and very low income people. 


Ms. Coe said the tennis courts at Henry James, the High School and Tariffville School are in disrepair and very dangerous.  They need complete reconstruction.  She wants the Board of Finance to require the Board of Education and the Town to list all maintenance projects along with a schedule.

Huguet Pameijer, 10 Highwood, addressed the governing legal authority with Eno Farms.  She said there is some confusion as in December there was a change in status to low and very low income people.  She said tax credits are no longer valid, just a ground lease, which needs to be revised.  She would like the confusion on Eno Farms straightened out, there is input from the Attorney General also. 

Sarah Nielson, Main Street Partnership, thanked the Veterans who raised $2,500 to have the flagpole moved at Eno Hall.  The Partnership has done over $100,000 of grants for Eno Hall and have gotten $50,000 in private donations. 

Ms. Nielson said they will be celebrating the world-wide premier of a PBS documentary on a Simsbury native son on September 6th.  She showed everyone the poster.  It will be held at the Riverview.  It will benefit four non-profit organizations.

Ms. Nielson is asking for people to log on to facebook - Missionsmallbusiness.com to help four businesses that are applying for grants.  They each need 250 votes to go further in the grant process.

Mr. Hampton asked for a moment of silence for Dunny Barney, who was very respected, thoughtful and caring.  Our prayers go out to his family and friends.

FIRST SELECTMAN’S REPORT

There was no Selectman report tonight.

SELECTMEN ACTIONS

a) Authorize the Performing Arts Center Board to present four concerts as part of the Iron Horse Concert Series

Ms. Wertheimer made motion to authorize the Performing Arts Center Board to present four concerts as part of its Iron Horse Concert Series, provided (1) that the concerts present no financial risk of loss to the Town of Simsbury; and (2) that the Performing Arts Center Board is provided with documentation confirming the absence of a financial risk of loss to the Town.  Ms.
Haase seconded the motion.  All were in favor and the motion passed.


b) Approve the recommendation of the Performing Arts Center Board to allow Septemberfest to be held on September 7–9, 2012

Ms. Wertheimer made motion to approve the recommendation of the Performing Arts Center Board to allow the Septemberfest event to be held on September 7-9, 2012.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

c) Approve or reject (in whole or in part) the amendments to the Town Charter recommended by the Charter Revision Commission in its Final Report dated June 18, 2012

Ms. Heavner made motion to reject Section 617 on the Design Review Board and any related references thereof in the proposed revised Charter.  Ms. Haase seconded the motion.  After discussion, Ms. Heavner, Mr. Hampton and Ms. Haase were in favor of the rejection and Ms. Wertheimer and Mr. Askham were opposed, therefore the motion failed.

Ms. Heavner made motion to reject Section 808, the last paragraph only, on duties of the Board of Finance and any related references thereof in the proposed revised Charter.  Mr. Hampton seconded the motion.  After discussion, Ms. Heavner and Mr. Hampton were in favor of rejection and Ms. Haase, Ms. Wertheimer and Mr. Askham were opposed; therefore the motion failed.

Ms. Heavner made motion to reject Section 1008, and any related references, to amend the Charter every seven years instead of five.  Ms. Haase seconded the motion.  After discussion, Ms. Heavner and Mr. Hampton voted to reject Section 1008 and Ms. Haase, Ms. Wertheimer and Mr. Askham were opposed; therefore the motion failed.

Ms. Wertheimer made motion to accept the proposed final revised Charter, dated 6/18/12 in whole.  Ms. Haase seconded the motion.  After discussion, all five Board members voted in favor and therefore the motion passed.

Ms. Haase made motion to amend the agenda to set the date for the referendum on the Charter Revision.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

Ms. Wertheimer made motion to set the date of November 6, 2012 for the referendum on the proposed Charter dated 6/18/12.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

d) Accept receipt of a Police and Youth Grant in the amount of $9,116 which will be used to fund a “Bowling with Badges” youth program.  Chief Peter N. Ingvertsen will be named as the Town of Simsbury Official who is authorized to accept the Police and Youth Program OPM Grant #11JJ438082, dated May 3, 2012 on behalf of the Town of Simsbury.


Ms. Haase made motion to accept receipt of a Police and Youth Grant in the amount of $9,116, which will be used to fund a “Bowling with Badges” youth program.  Chief Peter N. Ingvertsen will be named as the Town of Simsbury Official who is authorized to accept the Police and Youth Program OPM Grant #11JJ438082, dated May 3, 2012 on behalf of the Town of Simsbury.  Mr. Askham seconded the motion.  All were in favor and the motion passed.

e) Accept the gift to the Town of Simsbury and approve the creation of a Simsbury Veteran’s Memorial at the Old Drake Hill Bridge Park from the American Legion Post 84 and the Veteran’s of Foreign Wars, Post 1926

Mr. Askham made motion to accept the gift to the Town of Simsbury and approve the creation of a Simsbury Veteran’s Memorial at the Old Drake Hill Bridge Part from the American Legion Post 84 and the Veteran’s of Foreign Wars, Post 1936.  This memorial intends to reflect the pride, honor, sacrifice and respect for the service of Simsbury men and women who served in America’s armed forces during periods of war and conflict.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

f) Accept two gifts, including (1) a gift in the amount of $2,500 for purchase and installation of a forty-foot flagpole to be located in the portico of Eno Memorial Hall; and (2) the restoration of two Eastman Johnson paintings bequeathed to the Town of Simsbury by Antionette Eno Wood, the restoration to be completed by David Kimball of Stagecoach Gallery at an estimated cost of $5,000.

Ms. Wertheimer made motion to accept two gifts, including (1) a gift in the amount of $2,500 for purchase and installation of a forty-foot flagpole to be located in the portico of Eno Memorial Hall; and (2) the restoration of two Eastman Johnson paintings bequeathed to the Town of Simsbury by Antionette Eno Wood, the restoration to be completed by David Kimball of Stagecoach Gallery at an estimated cost of $5,000.  Mr. Askham seconded the motion.  All were in favor and the motion passed.

g) Approval of Construction of a bridge at the Community Farm of Simsbury by Eagle Scout Ryan Carr

Ms. Haase made motion to approve the construction of a bridge at the Community Farm of Simsbury by Eagle Scout Ryan Carr.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

h) Authorize the First Selectman to execute, on behalf of the Town of Simsbury, a land Exchange Agreement with Dorset Crossing, LLC, and to take any other administrative actions necessary to conclude the exchange


Mr. Askham made motion to authorize the First Selectman to execute, on behalf of the Town of Simsbury, a Land Exchange Agreement with Dorset Crossing, LLC, and to take any other administrative actions necessary to conclude the exchange subject to conveying clear title.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.   

OTHER BUSINESS

There is no other business at this time.

APPOINTMENTS AND RESIGNATIONS

a) Accept the resignation of Mark Lubetkin as a regular member of the Simsbury Farms Complex Committee effective June 6, 2012

Ms. Haase made motion to accept the resignation of Mark Lubetkin as a regular member of the Simsbury Farms Complex Committee, with thanks, effective June 6, 2012.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

b) Accept the resignation of Timothy E. Ellsworth as a regular member of the Economic Development Commission effective June 20, 2012

Mr. Askham made motion to accept the resignation of Timothy E. Ellsworth as a regular member of the Economic Development Commission, with thanks, effective June 20, 2012.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

c) Approve the appointment of David Balboni as a regular member of the Economic Development Commission effective immediately

Ms. Haase made motion to approve the appointment of David Balboni as a regular member of the Economic Development Commission effective immediately.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

ACCEPTANCE OF MINUTES

a) Regular Meeting of May 30, 2012

Ms. Haase made motion to approve the minutes of the Regular Meeting of the Board of

Selectmen of May 30, 2012 with corrections on page 3 and 6.  Mr. Askham seconded the motion.  All were in favor and the motion passed.


b) Special Meeting of Board of Selectmen Eno Farms Ground Lease Sub-Committee on June 5, 2012 and June 11, 2012 (Selectman Askham and Heavner are the two representatives from the Board of Selectmen who were members of this Sub-Committee and will be approving the minutes)

Ms. Wertheimer made motion to table the acceptance of the Special Meeting of June 5th and 11th as this needs to be done at the Eno Farms Ground Lease Sub-Committee meeting.  Mr. Askham seconded the motion.  All were in favor and the motion passed.

SELECTMEN LIAISON AND SUB-COMMITTEE REPORTS

1.  Personnel - no report at this time.
2.  Finance - no report at this time.
3.  Welfare - no report at this time.
4.  Public Safety - no report at this time.
5.  Board of Education - Mr. Heavner said the Board of Ed announced the selection of Matthew Curtis as the new Superintendent for Simsbury.  He has already served as principal of Squardon Line Elementary School and was Director of Human Resources.  She said the Town is happy to have him back in Simsbury. 

Ms. Heavner said today marked the opening of the Well Served Tennis Academy, whose mission is to provide kids with autism the opportunity to learn tennis in a social environment.  The Camp opens with 23 campers and 30 volunteers.

Ms. Heavner thanked Huguet Pameijer and said Eno Farms provides families an opportunity to live in Simsbury and the development continues the commitment of the Town.  She said there were two sub-committee hearing to let residents voice their opinions.  The Sub-Committee asked Town staff to bring notice of the meetings to the mailboxes. .  The issue that will come before the Board of Selectmen will be the assignment of the ground lease from CHFA to a purchaser of CHFA’s interest.  The Sub-Committee did receive a letter from the Attorney General’s office and copies will be given to the other Board members. 

Attorney DeCrescenzo said there were eight documents that the Sub-Committee is requesting review of.  He also said the Town would require certain provisions within the assignment to address the Town’s obligations under the ground lease.  He wants to put CHFA on notice formerly that the Town will be requiring the assignment to include provisions for three areas in great detail.  He said he also received a letter from Mr. Ruttenberg’s attorney, which he gave the Sub-Committee and Board.  This is his agreement in principal. 

Attorney DeCrescenzo said he is looking for guidance from the Sub-Committee on how to respond to Mr. Ruttenberg’s attorney.   This is all progressing along.  Mr. Askham asked the

Board of Selectmen to help the Sub-Committee for guidance.

Attorney DeCrescenzo said the Board should at least read the Judge’s ruling and the Attorney General’s letter for further discussion. These letters will be sent to the Board.

Ms. Haase showed everyone the Farmer’s Market poster.  This is open every Thursday from 3-6 pm. 

6.  WPCA Liaison Report

Ms. Haase said there is not any update as far as the FCC information goes.   Attorneys are reviewing all information.

Mr. Askham encouraged everyone to support the Performing Arts Center again this year and attend events as this is a great treasure for the community.

Mr. Hampton said the Simsbury Farms Complex main building is open now and it looks great.  The opening ceremony was also great.

Ms. Heavner made motion to amend the agenda to add more time for Public Audience.  Mr. Askham seconded the motion.  All were in favor and the motion passed.

Ms. Coe said she is concerned that the PAD is over developing the Town.  The Land Use Boards need to make sure the future needs of the community are met.

Ms. Coe said the “Bike Friendly” community grows, everyone needs to know the rules of the road and they need to be observed.  She showed a picture of the bike sculpture.

Mr. Kalechman said he spoke to the Veterans who were here tonight and gave them the rules of the flag. 

Mr. Kalechman said the voters have not had enough time to read the revised Charter.  He feels this does not serve the public one bit. 

Mr. Kalechman wants more facts on the Dorset Crossing swap.  He said there is no appraisal of the land and feels that is very important to have.  What about the sub-station?

Huguet said she hears many concerns about budget issues, pension, and maintenance issues.  She said the Town needs money.  If properly run, Eno Farms should have generated a lot of income. 

This is a loss to the Town.

ADJOURN

Mr. Askham made motion to adjourn at 8:55 p.m.  Ms. Heavner seconded the motion.  All were in favor and the motion passed.

Respectfully submitted,

 

Mary A. Glassman
First Selectman