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933 Hopmeadow Street,
Simsbury, CT 06070

PH: (860) 658-3200
FAX: (860) 658-3206

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Board of Selectmen Minutes 05/12/2008
TOWN OF SIMSBURY
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
MAY 12, 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, Michael Long and Richard Hogan.  Others in attendance included Brandon Robertson, Richard Sawitzke, Hiram Peck, Rich Correa, John Loomis, Emil Dahlquist and other interested parties.  

CALL TO ORDER

Ms. Glassman called the meeting to order at 7:05 p.m.

Presentation of a rebate check to the Town by CL&P for energy conservation at the Simsbury Public Library

Ms. Glassman introduced Sue Bullock from the Library Board and Walt Szymanski from CL&P who will present a rebate check.  Mr. Szymanski, the Account Executive from CL & P for the Town of Simsbury presented the Town an incentive check for energy efficient equipment that was installed at the new Library.  The check is in the amount of $44,873.00.  Mr. Szymanski       said there were three areas covered under this agreement including lighting, pump motors and controls for the hot water system and the roof-top air conditioning system.  Ms. Bullock was presented with the check and she gave it to the First Selectman.

Presentation of Aging Services Award by the Aging and Disability Commission

Mr. Hogan, the Liaison of the Commission, introduced Ed LaMontagne, the Chairman of the Commission.  Mr. Hogan said the Commission is a great group of volunteers.

Mr. LaMontagne said the Commission gives a Citizen Service Award to a great volunteer who has gone above and beyond to help improve the lives of persons with disabilities and seniors in the Town.   The program started in 2003.  Mr. LaMontagne introduced Lynn Veith, who is the Chairman of the Citizen Service Award Sub-Committee.

Ms. Veith thanked her members of the Committee.  The Award goes to Max Horton, who has provided many years of wonderful volunteers.  He teaches adults who have learning disabilities to read.  He also volunteers for Meals-on-Wheels.  Mr. Horton also teaches on computers and helps seniors with their taxes.  He is also a member of the Camera Club and is a past treasurer of the Hopbrook Tennis Club.  Ms. Veith said Max is a humble man respected by all.  Therefore, he is awarded the Arlene M. Bidwell Award.

Mr. Horton thanked Fred & Jean Striefler and the Aging & Disabilities Commission.  He said he feels doubly rewarded as he does things for people that matter in their lives.  Mr. Hogan also gave Mr. Horton a pin with the Symbol of the Town on it.

PUBLIC AUDIENCE

David Richman, 1 Saddle Ridge Drive, spoke about the cost of the Charrette process.  He feels the process could work for some towns, but this Town has the tools, people, plan of development and Chamber of Commerce outlines to come up with an approved mixed use zone for the north and south parts of Town on their own.  

Mr. Richman said he feels spending a lot of money on a Charrette process is totally unjust and unwarranted.  He feels if people want it they should be able to vote on it.

Mr. Richman asked that the Board consider asking the Zoning and Planning Boards to draft a mixed use zone that all can agree upon.  

Mr. Richman said he feels the Town should also come up with an ordinance for all homeowners who rake leaves and debris on the streets after street sweeping has occurred.  He feels the residents should be told when sweeping of their street will be done.  He feels it has become very dangerous for bikers to ride on the side of the road where debris has been placed after sweeping.  Mr. Richman's comments are attached.

Sue Bednarcyk said land use planning should be embraced.  She is in favor of the Charrette as it is an investment for the Town of Simsbury.

John Schaefer, 16 Lostbrook Road, said the Charrette has become a negative sound bite.  He feels that the Town needs an outside expert to prepare the correct zoning regulations.   

Mr. Schaefer said the Charrette will be expensive, but hiring a professional will be cost effective in the long run.  His comments are attached.

Robert Kalechman, 971 Hopmeadow Street, spoke about becoming 65 and the third item on the agenda.  He said that the Statute Sec. 8-115a(c) is very important and everyone should read it.  He said people who are 65 should not be put in a place with 55 year old people.  He feels this application should be rejected.  He doesn't want to give control to the State or National government.

Mr. Kalechman also feels the people should vote no on the Charrette as voters don't want big development, even though the Board keeps pushing it.

Joe Loewy, the Administrator of the Simsbury Housing Authority, wanted to clarify some remarks.  He said they are requesting that the First Selectman be authorized to approve the submission by the Simsbury Housing Authority to the Commissioner of Economic and
Community Development on behalf of the Owen Murphy Apartments only.  This is an elderly and disabled housing project, who report to the State under Sec. 8-115, which commits that if they have vacancies, that an application can be made for a period of up to one year to accept applications from residents 55 and over instead of age 65 and up.  

Mr. Loewy said the Housing Authority has no people on their waiting list, but has four vacancies.  Regulation 115a asks that the First Selectman approves the submission of an application, after proving that they have done everything to fill these vacancies.  This application still needs to be approved by the Department of Economic and Community Development after the submission.  Ms. Glassman said this would be discussed further on agenda number 3.

Susan Masino, 41 Madison Lane, said that Farmington River is up for a Wild & Scenic Designation along with the Eight Mile River.  

Ms. Masino said she appreciated the "Green Summit" group meeting and feels this is a first step in becoming environmentally responsible.  She also said the Egg Stock will be held on June 7th at Flamig Farm from 12 -5 p.m.  This is a great family event.  

Ms. Masino said she also supports the Charrette process and feels it is the best practice in Town planning and practices.  She also supports the May 20th referendum on the triangle and the Gersten property Town Meeting.

John Lucker, 88 Blue Ridge Dr., a member of the S.H.A.R.E. Steering Committee, said they are concerned with responsible development in Town.  He said on April 21st the Zoning Commission voted to deny the application by Konover Development Corp. for a planned development PDD.  He thanked the residents who attended the meeting and sent in letters.  

Mr. Lucker said mixed use development may be appropriate in certain parts of Town to enhance the overall character of Simsbury if built in harmony with other areas.  A one size fits all PDD is not fit for the Town.    

Mr. Lucker feels that residents need to be active in the process of a Charrette and approves the process.  He feels that grants and private donations should be looked into to help with the cost of a Charrette.

Joan Coe, 26 Whitcomb Drive, spoke about the former First Selectman's vacation pay and feels a Town Manager is needed now.  She asked the Board to convene a Charter Review Commission now and for the Board to think about the promises they made to residents before becoming elected.

Ms. Coe said the Town should stop spending time and money on the Airport study as it isn't worth keeping.  

Ms. Coe feels street sweeping was too early and it is a problem now as people are cleaning their properties now.  

Ms. Coe would like everyone to vote yes on the $2.7 million dollar Open Space Acquisition on Barndoor Hill/Firetown Road.
All of Ms. Coe's comments can be read on Simsbury.com/forum.

Donna Caldeira, 2 East Weatogue Street, said she was hit by a biker while walking on Iron Horse Blvd., which was purely accidental.  Luckily she wasn't hurt.  However, this does cause concern as another person was hit by a biker as well and they got hurt.  Ms. Glassman said this will be researched further.

Greg Silling, 6 Roswell Road, said he attended the budget meeting last week and he spoke of lean government.  He feels green is lean and Simsbury needs to become a lean community and stop the lack of communication between government and citizens.

Mark Greenberg, owner of the CL&P property in the southern end of town, said he has been talking to everyone about a fresh approach on his property and his willingness to compromise.  He does support the Charrette process.  He pledges that the Town will be proud of what is done on his property.

Dr. Anthony Giorgio, principal of Keystone Properties said he spent a great deal of time in the plan of development of his property.  He has attempted to reconcile the vision of his property and the concept of mixed use development; size and scale vision of Town and neighborhood free standing residential property; and feels the Town really needs a PDD.  He is still waiting for a process to proceed with his property plans.  He will cooperate to make the process work.  

Rich Correa, President of the Simsbury Main Street Partnership, said there will be a Bridal Show on June 1st at the Riverview.  

Mr. Correa also gave the Board brochures on the Simsbury Chamber Music Festival events.

Mr. Correa also said the Board of the Main Street Partnership supports the Charrette process as it supports the tax base and business retention and recruitment.  

1. Report regarding Green Summit held on April 22, 2008 and discussion of next steps.

Mr. Hampton said this was this first summit, hosted by Ethel Walker School, and over 70 people attended.  They discussed future opportunities and great ideas were shared.  They discussed "clean" products that can be used in cars and irrigation of properties.

Mr. Hampton said they are putting together a Task Force for the 20% by 2010 program and volunteers are welcome.  They will be looking for funding opportunities.  

Mr. Hampton said they will continue the dialog with "Giffords Green Conversation" on May 28th.  Mike Paine will discuss recycling.  The meeting will be held at 88 Hopmeadow Street.  The next meeting will be June 4th regarding sycamore trees and will be held at the Simsbury Library Community Room from 4-6 pm.  

2.  Review, discuss and possibly adopt a motion to proceed with the Charrette and schedule a Special Meeting to prepare a Request for Proposals.

Mr. Hampton made motion to support proceeding with the Charrette and to schedule meetings to prepare for RFP's for all three parts of Town as listed on the agenda.  Ms. Glassman seconded the motion.  After further discussion, Mr. Hampton withdrew his motion.

Mr. Hensley feels this is a very sensitive project.  He is just unsure the Town needs a full blown Charrette.  He would like to look into the cost of a full Charrette or a specific area Charrette options.  

Mr. Hogan said he is also frustrated and would like to explore the process so there could be a way to achieve a consensus in the community.  

After further discussion, Mr. Long made motion: "Resolved, the Board of Selectmen approves, in principle, the concept of a planning Charrette for the Town of Simsbury.  A Special Meeting will be convened for the purpose of developing a Request for Proposals for independent professional assistance in preparing for and conducting a Charrette."  Mr. Hogan seconded the motion.  All were in favor and the motion passed.

3.  Review, discuss and possibly authorize the First Selectman to approve an application by the Simsbury Housing Authority to the Commissioner of the Dept. of Economic and Community Development pursuant to Sec. 8-115a(c) to permit the Housing Authority to admit prospective residents 55 or over to the Owen L. Murphy Apartments.

Mr. Long recused himself.

Ms. Glassman said the request from the Housing Authority to offer housing to individuals who are 55 and older to the Owen L. Murphy Apartments went to the Aging and Disabilities Commission and they voted to approve this request.  There are now four vacancies that they are unable to fill.  They will need to fulfill certain obligations before filing the application.

Mr. Hampton made motion: "Resolved, the Board of Selectmen hereby authorizes the First Selectman to approve an application to be submitted to the Commissioner of Economic and Community Development pursuant to C.G. S. 8-115a (c) requesting that the minimum age for consideration of applicants at the Owen L. Murphy Apartments be changed to age 55 and older, subject to the receipt of the supporting documentation from the Housing Authority as required by the above reference statute." Mr. Hogan seconded the motion.  All were in favor and the motion passed.

Mr. Long rejoined the meeting.

4.  Update regarding the status of the FY09 proposed Operating Budget and Capital Projects to include presentation on the proposed acquisition of property at Barndoor Hills/Firetown Road to be considered by Referendum schedule for May 20, 2008.

Mr. Sawitzke spoke about acquiring 77 acres of open space property.  It is prime farmland and a scenic piece of property.  He feels there are State grants possible for this acquisition.  The property was approved by the Planning Commission.  Mr. Sawitzke went through a slide program.

Mr. Peck spoke about the soil issues and the structures.  He said the structures might need some renovations if the public was entering them on a regular basis, but they are structurally sound otherwise.

Mr. Long spoke about the soil samples on the property.  He said the overall mood of the Town is care and concern on money issues.  There are a lot of other projects that need to be completed in Town.  He urged people to attend the Town meeting on May 20th to discuss this further.  
 
Ms. Wertheimer made motion to amend the agenda to discuss the Bicycle/Pedestrian Pathway Agreement at this point.

Mr. Sawitzke said this agreement is the final piece to the trailway.  There are $165,000 in funds available.  They will start the bidding process in June with construction beginning sometime late summer or early fall.  

After further discussion, Mr. Long made motion: "Resolved, that Mary A. Glassman, First Selectman, be and hereby is, authorized to sign the agreement entitled "Agreement Between the State of Connecticut and the Town of Simsbury for the Construction, Inspection, and Maintenance of a Bicycle/Pedestrian Facility Utilizing Federal Funds Under the Enhancement Component of the Surface Transportation Program" and a certification indicating the council adopts as its policy to support the nondiscrimination agreements and warranties required under the Connecticut General Statutes."  Mr. Hogan seconded the motion.  All were in favor and the motion passed.

5.  Review, discuss and possibly take action concerning a proposed Conservation Easement located at the Hoffman property.

Ms. Glassman recused herself.

Mr. Peck said in March 2007 the Zoning Commission approved an additional development at the Hoffman Auto Park to include a Toyota Dealership, Honda Dealership, Nissan Dealership, Best Buy Store and Munson's Chocolate Store.  This was never filed in the land records.  The Town Attorney worked with the applicant to obtain this declaration, with one modification added to it as attached.

After some discussion, Mr. Hogan made motion to approve the Declaration of Grant of Conservation Restriction in Favor of the Town of Simsbury from Hoffman Enterprises Limited Partnership, Phyllis Hoffman, Trustee, dated April 25, 2008, as has been presented to the Zoning Commission and which has been modified and also approved by the Zoning Commission.   Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.

Ms. Glassman rejoined the meeting.

6.  RESIGNATIONS AND APPOINTMENTS

a) Review, discuss and possibly accept the resignation of William Gardner from the Board of Assessment Appeals.

Mr. Hogan made motion to accept the resignation of William Gardner from the Board of Assessment Appeals.  Ms. Wertheimer seconded the motion.  All were in favor and the motion passed.
b) Review, discuss and possibly appoint Brendan Walsh to the Police Commission.

Mr. Long made motion to appoint Brendan Walsh to the Police Commission.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

c) Update on Performing Arts Center Board/possible appointment.

Mr. Hensley made motion to approve the following members of the Performing Arts Center Board:  Janet Gorman, Greg Piecuch, Ryan Mihalik, Leo Collins, Dave Ryan, Kevin Mason and Adam Sharaf, with Dave Ryan becoming Chairman.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

7.  LIAISON REPORTS

a) Update on Simsbury Gateway Signage

Mr. Hensley said there is a Task Force of diverse members who are looking at the signage through Town.  They are trying to look at replacement or relocation of the signs.  This will eliminate unnecessary signs in Town.  They have a six month window to work with.  The next meeting is May 30th at 10 a.m.

b) Recycling Committee

Ms. Wertheimer said the Committee is looking at the 20% by 2010 program.  Ms. Glassman said their suggestions are ongoing.

8.  SUB-COMMITTEE REPORTS AND POSSIBLE ACTION

a) Personnel
Mr. Long said at the March 18th meeting, the Committee unanimously proposed amendments to the rules and regulations.  Ms. Glassman recused herself.  

Mr. Long made motion: "Resolved, the Board of Selectmen hereby adopts the recommendations of the Personnel Sub-Committee concerning the benefits for the position of First Selectman and the approval process for First Selectman vacation carry-over and approval of expenses which is as follows:

"The First Selectman will be eligible for vacation carry-over in accordance with Article 9.10 (c) as amended.   Furthermore, the benefits for the position of First Selectman will be the same as
those provided generally for Department Heads with the exception of vacation allowance which will be four weeks upon employment.  Specifically discontinued are: driveway snow-plowing by the Town crews at no cost (except in the event of a weather emergency), use of a Town owned vehicle and "gas card" access to Town fueling facilities.  Reimbursement for expenses shall be allowed to the same extent as allowed for Department Heads.  Approvals for such reimbursement must be granted by the Town Treasurer".  Mr. Hogan seconded the motion.  All were in favor and the motion passed.  Ms. Glassman rejoined the meeting.

b) Public Safety
Mr. Hampton said the next meeting will be held on May 15th at 7 a.m. downstairs.

c) Finance
No report at this time.

d) Welfare
No report at this time.

9.  MISCELLANEOUS

a) Announcement regarding availability of Free Bed Funds through St. Francis and Hartford Hospitals.

Ms. Glassman said the Board received a letter announcing the availability of three free bed funds, at two hospitals, available to Simsbury residents. She has asked the Social Service Director and McLean to help get information out to the public about this.  The application will also be available on the Town website.

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

Mr. Long made motion: "Resolved, the Board of Selectmen hereby approves tax refunds as reviewed and recommended by the Tax Collector in the amount of $1,458.91 as outlined in a memo of May 7, 2008.  Mr. Hampton seconded the motion. All were in favor and the motion passed.

10.  MINUTES

a) Review, discuss and possibly approve the Regular Meeting Minutes of April 14, 2008.

Mr. Hogan made motion to approve the Regular Meeting Minutes of April 14, 2008 with two corrections.  Mr. Hensley seconded the motion.  All were in favor and the motion passed.

b) Review, discuss and possibly approve the Special Meeting Minutes of April 21, 2008.
Ms. Wertheimer made motion to approve the Special Meeting Minutes of April 21, 2008 as proposed.  Mr. Long seconded the motion.  All were in favor and the motion passed.

c) Review, discuss and possibly approve the Special Meeting Minutes of May 2, 2008.
Mr. Hampton made motion to approve the Special Meeting Minutes of May 2, 2008 as proposed.  Mr. Long seconded the motion.  All were in favor, with Ms. Glassman and Mr. Hogan abstaining, and the motion passed.

11.  ADJOURN TO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:

a) Pursuant to C.G.S. 1-200 (9) Robert Wise vs. Town of Simsbury
b) Pursuant to C.G.S. 1-200 (8) Recovery of back rent due from former tenant Cindy Cotto
c) Pursuant to C.G.S. 1-200 (D) Possible acquisition of property located at 6 Station Street by the Town of Simsbury

Mr. Long made motion, at 10:00 p.m. to adjourn to Executive Session pursuant to the following:

C.G.S. 1-200 (9) Robert Wise vs. Town of Simsbury
C.G.S. 1-200 (8) Recovery of back rent due from former tenant Cindy Cotto
C.G.S. 1-200 (D) Possible acquisition of property located at 6 Station Street by the Town of Simsbury.  Mr. Hampton seconded the motion.  All were in favor and the motion passed.

Respectfully submitted,

Mary A. Glassman, First Selectman


 
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