Board of Selectmen Special Meeting and Public Hearing 12/10/2012

DRAFT

TOWN OF SIMSBURY – BOARD OF SELECTMEN

PUBLIC HEARING MINUTES – DECEMBER 10, 2012

CALL TO ORDER

The Public Hearing of the Town of Simsbury was called to order at 7:10 p.m. in the Main Meeting Room of the Simsbury Town Offices.  Present were: First Selectman Mary Glassman; Board members Sean Askham, Lisa Heavner, John Hampton, Moira Wertheimer and Nancy Haase.  Others in attendance included Tom Cooke, Chuck Howard, Tom Roy, Colleen O’Connor, Attorney Robert DeCrescenzo and other interested parties.

Ms. Glassman said a public hearing is not required, but the Board feels it is important to hear from the public on this item.

PLEDGE OF ALLEGIANCE

Everyone stood for the Pledge of Allegiance.

PUBLIC HEARING

Attorney DeCrescenzo said, on January 30, 2012, the Town received a letter from Attorney Charles Howard on behalf of the Simsbury Land Trust, outlining a proposal from them to obtain a conservation easement on Simsbury farm land totally 50.3 acres of farm land.

Attorney DeCrescenzo said the first parcel is the 10.6 acre George Hall Farm and the other parcel is the 39.7 acres of Town owned Pharos Farm.  The plan depends on the Towns’ willingness to sell Pharos Farm for the fair market value, estimated at $480,000.00.   He said the proposal will allow the Simsbury Land Trust to obtain an agricultural conservation easement over both farms.  The Town would have to sell Pharos Farm to Mr. Hall who would in-turn sell a conservation easement over both farm properties to the Land Trust.  This would make both farms protected permanently under a farmland conservation easement.   The Town is not eligible to receive a grant for these properties.  Attorney DeCrescenzo has outlined his review in a letter to the Board, dated October 26, 2012.  This plan has also been reviewed by the Open Space Committee and Planning Commission under 8-24.

Attorney DeCrescenzo stressed that this is just the start of this process.  This is to give the Board input on this transaction.  This is a very complicated transaction. 

Mr. Howard, President of the Simsbury Land Trust, explained the background of this deal, what the deal is, and why it should be considered.  Mr. Howard said they need both Pharos Farm and Hall Farm parcels to apply for this Federal Grant program.  Mr. Hall has been farming on Pharos Farm for 40+ years.   There were many conversations on how to preserve these properties. 

Mr. Howard said Mr. Hall would allow a one acre building lot on Pharos Farm for farming purposes.  The Town would receive $480,000 to preserve two farms.  This is just a start to a complicated process.

Ms. Glassman said there have been many meetings on this issue.  This is just an information meeting as the Board still needs to review the Town’s separate appraisal.

Louis George, representing Mr. Hall, commended the Land Trust in putting the plan together.  He feels this benefits everyone in the Town of Simsbury.  He said Mr. Hall and his family are very interested in this transaction and they would be great keepers of the property as they have been for many years.  They are asking the Board for a favorable disposition.

Dave Moelling, 32 Hickory Hill, said he heard that the Board has waived competitive bidding for this property.  He asked if by having a competitive bid, it would interfere with the Simsbury Land Trust/Hall proposal.  He said it is never a good business idea to waive rules.  

Ms. Glassman said the Board did consider that years ago, but the attorney said the Land Trust would not be able to go after the grant funding if someone else won the bidding.

Joan Coe, 26 Whitcomb Drive, is concerned about not having a bidding process.  She also asked about the study on the Pharos Farm land.  This land could be used for other purposes instead of just farming.  She wants to know what will happen to the farms when the farmers get too old and can’t farm it anymore.  She also asked about pesticides in the soil and drinking water and asked about an environmental study.  She feels the Board shouldn’t rush to make this decision.

Susan Masino, 41 Madison said she supports this transaction.  She feels this would be a good value to the Town and a unique opportunity.  The Hall Farm grows healthy foods and has a deep knowledge of the property.  She feels it would be foolish to pass up this opportunity.

Natalie Vasa, 32 Hickory Hill, asked what the difference was between owning and leasing the property.  She asked what an agricultural conservation easement is.  Would the public be able to walk on that property?  She feels the Town is jumping through hoops and maybe this doesn’t need to be done.

Kevin Gray, 90 Terry’s Plain said there is no Mr. Pharos.  He said Terry’s Plain had the first farm back in 1640 and the Halls have farmed there for112 years.  He supports this purchase to preserve a historical place and irreplaceable farmland.  Plus the Town gets $480,000.00.

Holly Beum, 11 Hallview Drive said she gets a beautiful view of one of the Hall farms.  At first, she didn’t understand this purchase, but she went back to Ohio, where she used to live, and found that there were no more farms there.  She said Mr. Hall produces some food the residents eat.  She feels the bidding process would be worse for the Town; maybe we would get more money, but we would not be able to get this grant.  She feels we need to preserve this property for our children.  She feels there are a lot of young people interested in becoming farmers also.

Don Tuller, 261 Farms Village Road, said he is in favor of this purchase process.  He said this is a moment for our Town and he encourages everyone to vote in favor of it.  He feels this is a positive transaction for everyone.

Helen Peterson, 21 Longview Drive, said the Open Space Committee did have a discussion on this project and they approved it.  She said this is vibrant, open space and she is hoping for success in open space preservation. 

Philip Dunlop, West Hartford, said he is a geo-chemist and he doesn’t think there are any residual pesticides on this property.  He feels that farming is best for this property.

Lauri Bertram, 27 Quarry Road owns property abutting Pharos Farm and she also supports this purchase.  She said she’d like to help to preserve and maintain this property as she is concerned about the future of the farm.

Julie Meyer, 3 Eastview Drive, said she usually opposes presentations.  However, she is in favor of this purchase as she feels this is right for the Town.

Jackie Griswold, said she looks at this farm field out her window every day and she supports this preservation.  She said this is a very unique property and should be preserved.  She asked if the two properties are forever combined to one piece of land that can’t be sold separately in the future.   She also asked about a building being built on the property. 

Ms. Glassman said the building issue has no specifics yet.  She said this will preserve this property forever. 

Mr. Howard said the agricultural conservation easement would be on both parcels, it doesn’t merge the parcels together.   

Joyce Howard, 116 Terry’s Plain Road, said the goal in tourism is to support agriculture.  She feels this is a great opportunity and will bring up this issue at the next Tourism meeting.

Judy Schafer submitted a letter from Diane Nash, who couldn’t attend this meeting.  She said there is great value to organic farming; the farms could feed the population of Simsbury in case of a major catastrophe.  

Ms. Glassman said the Board appreciates all of the comments and thanked everyone for attending.

Attorney DeCrescenzo said the Town’s threshold wouldn’t meet requirements and the Town is not eligible as a recipient of this program.  The grant needs to be from a private individual who needs to be grant eligible.  Ms. Glassman noted that the Town is receiving revenue in this deal.

Mr. Howard said the conservation easement gives different ownership rights.  This is a legally binding restriction, placed on the land records that would be subject to enforcement in court to use this property for agricultural purposes.  The Land Trust would be responsible for monitoring that.  This would take off from the bundle of rights, forever, the ability to develop either of the two parcels so they would remain agricultural properties.

Attorney DeCrescenzo said after closing the public hearing the Board would deliberate on the draft resolution and then send questions and suggested conditions.  There is still a lot of work to be done on this.  Attorney DeCrescenzo feels the Simsbury Land Trust would be good stewards of the property.

ADJOURN

Mr. Askham made a motion to adjourn the Public Hearing at 8:10 p.m.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

Respectfully submitted,

Kathi Radocchio

Clerk