Agenda
Board of Selectmen - Agenda - Jan 12, 2026
Jan 12, 2026
A public record published by the Town of Simsbury (simsbury-ct.gov). mySimsbury indexes it and makes it readable; it is not the official copy. View the original file.
1 2 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Authorize the Town Manager to Issue Tax Overpayment Refunds 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Sherry Clemens, Tax Collector 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports approving the refunds, the following motion is in order: Move, effective January 12, 2026, to approve the presented tax refunds in the amount of $6,017.45 and authorize Town Manager, Marc Nelson, to execute the tax refunds. 5. Summary of Submission: Tax refunds need to be issued from time to time for motor vehicles, real property, and personal property. Some of the most common reasons tax refunds need to be issued for motor vehicles include: sale of the vehicle; the vehicle is destroyed; the vehicle is donated; the owner has moved out of state; or, the owner has successfully appealed the taxes. Real estate refunds are typically due to the fact that during the sale or refinancing of a property, both a bank and an attorney’s office have paid taxes owed, resulting in an overpayment to the Town. Overpayments of personal property taxes are rare; often overpayments of personal property are due to a person or entity forgetting that they paid in full in July, then also sending the January installment. In a legal opinion from the Town Attorney dated May 22, 2001, he stated that C.G.S. §12- 129 “requires that all applications for tax refunds be referred to the Board (of Selectmen) for their consideration and action.” Once approved by the Board of Selectmen, the Town Manager will sign off on tax refund applications. As a reminder, the Tax Collector’s Office is responsible for collecting revenue for the Fire District pursuant to Special Act #264 of the Legislature in 1945. However, tax refunds for the Fire District are not under the jurisdiction of, nor approved by, the Board of Selectmen and are therefore not included in the requested tax refunds presented. 6. Financial Impact: The aggregate amount of all tax refunds as presented is $6,017.45. The attachment dated January 12, 2026 has a detailed listing of all requested tax refunds. 7. Description of Documents Included with Submission: a) Requested Tax Overpayment Refunds, dated January 12, 20263 BOS Refunds 1/12/26 BILL NUMBER TAX FIRE INTEREST TOTAL LEASING COMPANIES MOTOR VEHICLE NISSAN INFINITI LT LLC 2023-03-0064083 279.72$ 9.08$ -$ 288.80$ NISSAN INFINITI LT LLC 2023-03-0064080 424.69$ 13.77$ -$ 438.46$ NISSAN INFINITI LT LLC 2023-03-0064076 455.22$ 14.77$ -$ 469.99$ NISSAN INFINITI LT LLC 2023-03-0064063 455.22$ 14.77$ -$ 469.99$ NISSAN INFINITI LT LLC 2023-03-0064059 316.44$ 10.26$ -$ 326.70$ NISSAN INFINITI LT LLC 2023-03-0064051 360.36$ 11.70$ -$ 372.06$ NISSAN INFINITI LT LLC 2023-03-0064100 161.04$ 5.22$ -$ 166.26$ NISSAN INFINITI LT LLC 2023-03-0064092 435.07$ 14.11$ -$ 449.18$ NISSAN INFINITI LT LLC 2023-03-0064088 224.16$ 7.28$ -$ 231.44$ VW CREDIT LEASING LTD 2024-03-0070374 516.74$ -$ -$ 516.74$ VW CREDIT LEASING LTD 2024-03-0070335 1,031.25$ -$ -$ 1,031.25$ VW CREDIT LEASING LTD 2023-03-0070372 493.41$ 16.01$ -$ 509.42$ VW CREDIT LEASING LTD 2023-03-0070403 578.77$ 18.78$ -$ 597.55$ -$ -$ -$ LEASING TOTAL -$ -$ -$ 5,867.84$ -$ -$ MOTOR VEHICLE -$ -$ ANDERSON KEITH & JENNIFER 2024-03-0050485 117.73$ -$ -$ 117.73$ ANDERSON KEITH & JENNIFER 2024-03-0050481 130.17$ 130.17$ EGAN TRACI 2024-03-0055535 8.21$ -$ -$ 8.21$ MOTOR VEHICLE TOTAL PAUL GEORGE 2024-03-0064826 29.25$ -$ -$ 29.25$ 285.36$ -$ -$ -$ REAL ESTATE -$ -$ -$ -$ -$ -$ -$ -$ REAL ESTATE TOTAL -$ TAX FIRE INTEREST GRAND GRAND TOTALS 6,017.45$ 135.75$ -$ 6,153.20$4 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Accept a Donation from Garrity Asphalt Reclaiming, Inc. 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Kristen Formanek, Director of Community and Social Services 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports accepting the donation, the following motion is in order: Move, effective January 12, 2026, to accept a monetary donation, in the amount of $10,000.00, from Garrity Asphalt Reclaiming, Inc. for the purpose of supporting Simsbury Community and Social Services Department’s programs. 5. Summary of Submission: Garrity Asphalt Reclaiming, Inc. has provided a financial donation in the amount of $10,000 to the Community and Social Services Department. The donation will be used to provide financial support for the Department’s programs. Chapter 100 of our Code of Ordinances, “Gift Policy”, Section 100-2 “Monetary Donations” states that no donation of more than $1,500 may be accepted without Board of Selectmen approval. If the donation is accepted, I will direct staff to send a thank you letter to Garrity Asphalt Reclaiming. 6. Financial Impact: The $10,000 donation from Garrity Asphalt Reclaiming, Inc. will be used to provide support for Simsbury’s Social Services programs, including heating assistance, rental assistance, medical assistance, and other local programs. The funds would be deposited into a Social Services special revenue fund used for this purpose. 7. Description of Documents Included with Submission: None5 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Schedule a Public Hearing for Proposed Amendments to Town Code Chapter 141: Taxation Related to Exempting Horses and Ponies 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Francine Beland, Assessor 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports scheduling a public hearing for proposed amendments to Town Code Chapter 141, the following motion is in order: Move, effective January 12, 2026, to set a public hearing regarding proposed amendments to Town Code Chapter 141: Taxation for 6:00 P.M. on Monday, January 26, 2026. 5. Summary of Submission: In September, 2024, this proposed amendment was considered by the Board of Selectmen. Since then, the Assessor’s Office has been in touch with the Town Manager’s Office continuing to advocate for this exemption. As Town Manager I have communicated that with the Frist Selectman who agreed to add this to an early 2026 meeting. The General Statutes allows a municipality to exempt from property, taxation of horses or ponies of any value. Currently, the Assessor is only allowed to exempt horses or ponies that are specifically used for farming. Town staff does not have the expertise to accurately assess horses and has seen appeals to recent assessments since the 2024 proposed ordinance was not approved. 6. Financial Impact: The financial impact for exempting horses and ponies from property taxes is estimated at less than $20,000 based on the last declaration of property owners who filed and reported ownership of horses or ponies. 7. Description of Documents Included with Submission: a) Proposed Amendments to Town Code Chapter 141: Taxation6 CHAPTER 141 ARTICLE IX Municipal Option to Exempt Horses and Ponies from Property Taxes [Adopted MM-DD-YYYY ] § 141-33. Purpose. The purpose of this article is to provide an exemption from personal property taxation on any horse or pony commencing on October 1, 2026 and thereafter pursuant to § 12-81gg of the Connecticut General Statutes, notwithstanding the provisions of subdivision (68) of §12-81 and 12-91 as amended by Public Act 14-33.7 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Discuss a Recommendation from the Simsbury Housing Policy Advisory Committee (SHPAC) relating to development potential in certain Town-owned property 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager 4. Action Requested of the Board of Selectmen: We ask the Board to take up this recommendation preliminarily at this point, so that staff might gain some direction on this important issue from a policy perspective. If desired, the Town Manager can provide the Board with recommendations and a draft redlined version of a proposed amendment to the Town’s current policy within thirty days. 5. Summary of Submission: Recommendation #3 of the SHPAC report (pg. 11) states: “Offer strategic shorter-term property tax abatements to owners of rental properties to incentivize rent and income restrictions].” The SHPAC was comprised of members of the Board of Selectmen, Finance, and Education, Planning and Zoning Commissions, Economic Development Commission, Aging & Disability Commission, Diversity, Equity & Inclusion (DEI) Council, the First Selectman, and Town Manager, to review various strategies discussed in the interim report on affordable housing development strategies, proposed housing related tasks in the Plan of Conservation and Development (POCD) and Affordable Housing Plan (AHP), as well as, the findings of the DEI Council’s Housing Subcommittee. 6. Financial Impact: No immediate impact – the granting of an abatement, which might occur later, would have a fiscal impact, though not necessarily a negative one. 7. Description of Documents Included with Submission: a) SHPAC Final Report8 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Discuss Request from the Simsbury Volunteer Ambulance Association for a Capital Purchase 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager 4. Action Requested of the Board of Selectmen: No formal action requested. 5. Summary of Submission: Over the summer, the Simsbury Volunteer Ambulance Association (SVAA) approached the Town with a capital funding request for a new ambulance. The Town will be entering into the final year of our three-year Memorandum of Understanding (MOU) with SVAA to provide operating assistance; this will be for $160,000 on July 1st paid in quarterly installments. As Town Manager, I am asking for guidance and for the Board’s perspective on this important matter. The timing of this matter is important because we are currently in budget season and there are many competing interests. Because this request has a direct impact on community public safety, we are asking the Board to take the matter up for discussion now, rather than awaiting the delivery of the Town Manager’s upcoming budget in February. 6. Financial Impact: None 7. Description of Documents Included with Submission: a) MOU Between the Town of Simsbury and Simsbury Volunteer Ambulance Association, dated March 20, 20259 10 11 12 13 14 15 16 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Issue a Proclamation for America’s 250th Anniversary 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Kevin Beal, Selectman 4. Action Requested of the Board of Selectmen: The following motion is in order: Move, effective January 12, 2026, to issue a Proclamation in honor of the United States of America’s 250th Anniversary. 5. Summary of Submission: One of the actions requested by the 250th Committee is that the Town issues this proclamation. 6. Financial Impact: None 7. Description of Documents Included with Submission: a) Draft Proclamation17 Town of Simsbury Proclamation 2026 AS THE 250TH ANNIVERSARY OF THE UNITED STATES WHEREAS, the 250th anniversary of the signing of the Declaration of Independence and the formation of the United States of America will occur on July 4, 2026; and WHEREAS, Simsbury, founded in 1670, has contributed proudly and significantly to the history of our nation, and our state, for more than 356 years; and WHEREAS, in 2016 the United States Congress established by Joint Resolution the America 250 Commission to encourage observance of the 250 years of our nation’s existence; and WHEREAS, the Governor established Connecticut’s Semiquincentennial Commission with Executive Order 22-02, and the Commission has determined its mission and purpose is to develop, encourage, and execute an inclusive celebration, commemoration, and observance of the 250th anniversary of the Declaration of Independence through civic, cultural, and historical education events and programming; and WHEREAS, the Commission will enhance tourism, economic development, history, and civic education, historic preservation, and outdoor recreation within the state; and WHEREAS, America 250 | CT will engage Connecticut residents in all 169 municipalities through local 250th committees and affiliate organizations through its culmination in 2028; and WHEREAS, preserving, studying, and enjoying state history strengthens communities, builds pride, and forges bonds between Connecticut residents as we work together toward the goal of equality, and recognition of the unalienable rights of life, liberty, and the pursuit of happiness; and WHEREAS, it is appropriate that Simsbury engages fully with our past and looks toward a shared future that ensures our inalienable rights are guaranteed and protected in the Constitution; and WHEREAS, the Simsbury Board of Selectmen thus encourages its residents to engage in programs that will commemorate the history of our town, our state, and our nation; NOW, THEREFORE BE IT RESOLVED, I, Wendy Mackstutis, the First Selectman of the Town of Simsbury, on behalf of the Board of Selectmen and the people of Simsbury, hereby proclaim that Simsbury will embrace the commemorative activities leading up to and through July 11, 2026. IN WITNESS THEREOF, I hereunto place my signature and the great seal of the Town of Simsbury on this 12th day of January, 2026. _____________________________ Wendy Mackstutis, First Selectman Simsbury Board of Selectmen Steven Antonio, Deputy Kevin Beal Curtis Looney Mike Paine Diana Yeisley18 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Acknowledge Receipt of Resignations from the Board of Assessment Appeals and Board of Ethics 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Trish Munroe, Town Clerk 4. Action Requested of the Board of Selectmen: The following motions are in order: Move, retroactive to December 8, 2025, to acknowledge receipt of the resignation of Regina K. Pynn as a Regular Member of the Board of Assessment Appeals. Move, retroactive to December 15, 2025, to acknowledge receipt of the resignation of Paul W. Henault as a Regular Member of the Board of Ethics. 5. Summary of Submission: The Town Clerk has received the following resignations: Regina K. Pynn (D) as a Regular Member of the Board of Assessment Appeals effective December 8, 2025. Since Ms. Pynn is affiliated with the Democratic party, her replacement must be from the same political party. The appointee will serve until the term ends on December 6, 2027. Paul W. Henault (R) as a Regular Member of the Board of Ethics effective December 15, 2025. Since Mr. Henault is affiliated with the Republican party, his replacement must be from the same political party. The appointee will serve until the term ends on January 1, 2027. 6. Financial Impact: None 7. Description of Documents Included with Submission: a) Regina K. Pynn Resignation Letter, received December 8, 2025 b) Paul W. Henault Resignation Letter, received December 15, 202519 20 21 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Appointment and Reappointments to the Culture, Parks and Recreation Commission and Historic District Commission 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Trish Munroe, Town Clerk 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports the recommendations as presented, the following motions are in order: Move, retroactive to January 1, 2026, to reappoint: David Bush (R) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Kelly Kearney (R) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Tim Walczak (R) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Christine Boswell (D) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Lori Coppinger (D) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Eric Peterson (D) as a Regular Member of the Culture Parks & Recreation Commission with a 4-year term ending January 1, 2030. Ieke Scully (U) as an Alternate Member of the Historic District Commission with a 5-year term ending January 1, 2031. Move, retroactive to January 1, 2026, to appoint: Garrett Espeso (R) as a Regular Member of the Historic District Commission with a 5- year term ending January 1, 2031.22 5. Summary of Submission: In addition to the recommendations for reappointment from the Republican and Democratic Town Committees, the Town Clerk has received the following recommendation for appointment: Garrett Espeso (R) as a Regular Member of the Historic District Commission effective January 1, 2026. The appointee will serve a 5-year term ending January 1, 2031. 6. Financial Impact: None 7. Description of Documents Included with Submission: a) Garrett Espeso Volunteer Submission Form23 Simsbury, CT 933 Hopmeadow Street Phone: (860) 658-3200 Volunteer Form Good Government Starts with You Date Submitted: December 11, 2025 Name: Garrett J Espeso Home Address: Mailing Address: Phone Number(s): Email Address: Party Affiliation: R Current Occupation/Employer: The Hartford Narrative: 2 hours per week Board(s) / Committee(s): ___HISTORIC DISTRICT COMMISSION Page 1/124 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Appointments to the Zoning Commission and Planning Commission 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Trish Munroe, Town Clerk 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports the recommendations as presented, the following motion is in order: Move effective January 12, 2026, to appoint: Allen Bradford (D) as an Alternate Member of the Zoning Commission. Peter Harrison (D) as an Alternate Member of the Planning Commission. Don Colantonio (D) as an Alternate Member of the Planning Commission. 5. Summary of Submission: The Town Clerk has received from the Democratic Town Committee the following recommendations for appointment: Allen Bradford (D) as an Alternate Member of the Zoning Commission. The appointee will fill the vacancy created by the resignation of Josh Michelson (D) from this position effective September 10, 2025 and will serve until the term ends on December 6, 2027. Peter Harrison (D) as an Alternate Member of the Planning Commission. The appointee will fill the vacancy created by the resignation of Marcus Furze (D) from this position effective November 29, 2025 and will serve until the term ends on December 6, 2027. Don Colantonio (D) as an Alternate Member of the Planning Commission. The appointee will fill the vacancy created by the resignation of Nicholas Criscitelli (D) from this position effective November 29, 2025 and will serve until the term ends on December 6, 2027. 6. Financial Impact: None 7. Description of Documents Included with Submission: None25 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Appointments to the Hometown Heroes Selection Committee 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Wendy Mackstutis, First Selectman 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports the recommendations as presented, the following motions are in order: Move, retroactive to December 1, 2025, to reappoint: Sabrina Teixeira as a Regular Member of the Hometown Heroes Selection Committee with a 2-year term ending December 6, 2027. Move, retroactive to December 1, 2025, to appoint: Jay Willerup as a Regular Member of the Hometown Heroes Selection Committee with a 2-year term ending December 6, 2027. Amy Sheehan as a Regular Member of the Hometown Heroes Selection Committee with a 2-year term ending December 6, 2027. Jane McAlpine as a Regular Member of the Hometown Heroes Selection Committee with a 2-year term ending December 6, 2027. 5. Summary of Submission: Section 4 of the ‘Guidelines for the Hometown Hero Program’ details the membership composition of the Selection Committee: A member of the Historical Society (Jane McAlpine) A business leader (Amy Sheehan) A previous Hometown Hero (Jay Willerup) A Member of a veterans or service organization (Sabrina Teixeira) 6. Financial Impact: None 7. Description of Documents Included with Submission: a) Guidelines for the Hometown Hero Program26 933 HOPMEADOW STREET ~ SIMSBURY, CONNECTICUT 06070 1 Guidelines for the Hometown Hero Program Adopted by Board of Selectmen November 13, 1996 Amended February 23, 1998 Amended March 26, 2018 Amended March 25, 2024 Amended March 10, 2025 1. Background Information The Program was initiated in 1986 by Governor William O’Neill as part of the 350th Anniversary of the founding of Connecticut. Any municipality could designate residents as “Hometown Heroes” for any deed or service that made the community a better place in which to live. State certificates were presented to the 42 individuals and 4 organizations on May 12, 1986. The following year, First Selectwoman Margaret Shanks continued the program with certificates developed for Simsbury, naming 48 designates. It has been continued since, with Hometown Heroes recognized at a ceremony during the month of May as May 12th is the date of Simsbury’s birth. 2. Criteria for Selection A. A person(s) who is a resident, or who is active in the Simsbury community, or who lived in Simsbury. Groups may be considered under the same criteria. B. That the acts and services which are recognized have a significant benefit to the community; and that C. Individuals or groups that have been nominated for the Hometown Hero Award shall be duly considered with the following exception: A nominee may not: • Be a member of Town staff, • A sitting elected official, • Have benefited financially from his/her endeavors. An appointed member of a board or commission may be nominated provided their work being recognized for is for actions done outside the scope of their position. D. There will be no quotas or automatic selections by the Committee and the Committee shall use discretion to protect the special significance of the award when considering large numbers of nominees.27 3. The Selection Process A. Written nominations will be requested and received during a thirty (30) day period typically occurring in whole or part during the months of March and/or April. B. The Selection Committee shall review the names nominated for the Hometown Hero Award. The Committee shall make selection and approve the list of award recipients no later than two weeks prior to the scheduled ceremony. C. The Town Manager’s Office shall notify all award recipients of the time and place of the award ceremony. D. The Town Manager’s Office shall complete arrangements for the ceremony such as scheduling, publicity, and refreshments. E. The names of award recipients will be engraved on the Hometown Heroes plaque displayed in Town Hall. 4. The Selection Committee The Selection Committee shall be appointed by the Board of Selectmen on a biennial basis. The Selection Committee shall consist of the First Selectman, a Board of Selectmen member of the opposite party, a member of the Historical Society, a business leader, a previous hometown hero, and a member of a veterans or service organization, with the goal of non- partisanship in mind. The membership of the Committee shall be recommended by the First Selectman and the Town Manager to the Board of Selectmen. The Board of Selectmen is the appointing authority. Staff assistance to the Selection Committee shall include reasonable requests deemed necessary by the Committee.28 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 1 CALL TO ORDER1 2 Ms. Mackstutis, First Selectman, called the meeting to order at 6:00 p.m. in the Main Meeting3 Room of the Simsbury Town Offices. Present were Deputy First Selectman Steve Antonio;4 Board members Kevin Beal; Curtis Looney; Diana Yeisley and Mike Paine. Other in attendance5 included: Acting Town Manager Tom Fitzgerald; Town Engineer/Director of Public Works Tom6 Roy; Assist. Town Engineer Adam Kessler; Treasurer/Finance Director Amy Meriwether; Neil7 Sullivan from the Board of Education, and other interested parties.8 9 PLEDGE OF ALLEGIANCE10 11 Everyone stood for the Pledge of Allegiance.12 13 PUBLIC AUDIENCE (.55)14 15 • Email townmanager@simsbury-ct.gov by noon on Monday, December 15, 2025, to16 register to address the Board of Selectmen live through Zoom17 • Written comments can be emailed to townmanager@simsbury-ct.gov. Written comments18 will not be read into the record, but forwarded to all Selectmen via email19 20 Joan Coe, 26 Whitcomb Drive, said there was lack of transparency at the December 1, 2025,21 Board of Selectmen Meeting, which goes against First Amendment rights. She also spoke about22 the board of Selectmen having meetings before the actual posted meeting to decide how to vote23 on agenda items. Ms. Coe also spoke about the Simsbury Performing Arts project and the24 additional $388,000 they are asking for. This additional amount is going to referendum, and she25 wants everyone to vote no as she feels the PAC should be coming up with the extra money for26 the project.27 28 Lori Boyko said on December 15, 1791, the First Amendment was ratified in the Bill of Rights.29 She said this was specifically written to protect the rights of the people against the radical30 government should they want to shut down what the people want to say. She said she was very31 upset about the discussion the Board had on rules of decorum. The rules should be set for the32 public not the Board. She said the resolution of the Federal lawsuit is posted on the wall and33 should be attached to the Board’s rules of decorum. She feels the public has the right to say34 exactly what they want to say. The Board should do their job according to the Law. She feels35 the Board represents the people and shouldn’t be making rules for the people.36 37 CONSENT AGENDA (8:42)38 39 Ms. Mackstutis made a motion, effective December 15, 2025, to move item h) Authorize the40 Acting Town Manager to Issue Tax Overpayment Refunds under Selectmen Action and a)41 Acknowledge Receipt of a Resignation from the Planning Commission under Appointments and42 Recommendations to the Consent Agenda. Ms. Yeisley seconded the motion. All were in favor43 and the motion passed.44 4529 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 2 Ms. Mackstutis made a motion, effective December 15, 2025, to move up item i) Approve the46 Simsbury Board of Education Association Contract Renewals up to item b. Mr. Antonio47 seconded the motion. All were in favor and the motion passed.48 49 Mr. Antonio made a motion, effective December 15, 2025, to add an Executive Session to the50 Agenda. Mr. Beal seconded the motion. All were in favor and the motion passed.51 52 PRESENTATION (10:35)53 54 a) Website Update Presentation55 56 Mr. Fitzgerald went through the Town’s new website which is currently in a publicly available57 Beta form. He said everyone still has access to the old website at this time. There is a form with58 a link on the new website to fill out a form if something is wrong.59 60 He went through the new website and the features including the news and announcements. He61 said the staff is maintaining two websites right now until the final launch date is released. He62 showed everyone how to access the agendas and minutes of meetings. After going through more63 information, he said they hope to launch the final link in mid-January. After more discussion and64 suggestions on how to improve the website more, no motion was made at this time.65 66 FIRST SELECTMAN’S REPORT (44:39)67 68 Ms. Mackstutis, First Selectman, reviewed her First Selectman’s report.69 70 TOWN MANAGER’S REPORT (48:30)71 72 Mr. Fitzgerald, Acting Town Manager, reviewed the Town Manager’s report.73 74 SELECTMEN LIAISON AND SUB-COMMITTEE REPORTS (49:29)75 76 Mr. Beal said there was a Sustainability Meeting that he could not attend, but they said they set77 some goals for the year; set a date for the Sustainability Fair and discussed recycling and other78 topics.79 80 Mr. Looney said Culture, Parks and Recreation have a new member. He said there was a81 presentation at the meeting. Mr. Looney said Simsbury Celebrates was in the top five for82 number of people turning out for it. He said there was a report on Simsbury Golf and Simsbury83 Farms. They said it was a good season, and the owner of Cracker Barrel was taking over the84 restaurant there. They also agreed to their 2026 meeting schedule.85 86 Mr. Antonio said Simsbury Main Street Partnership supported and organized a Black Friday gift87 card event to support the local economy. They sold 432 gift cards. They will continue to develop88 Town-wide gift card programs for 2026.89 9030 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 3 Ms. Yeisley said there was a Public Safety meeting. “Stuff a Cruiser” is tomorrow and91 Wednesday at Tractor Supply from 3-7. She asked people to bring new, unwrapped toys. She92 said there will be cruisers, and Clifton will be there as well. It is always a good event. They93 approved their quarterly meeting calendar for 2026. They would like to send out some cold94 weather protocols and winter safety helpers.95 96 Ms. Yeisley said Simsbury Volunteer Ambulance received a grant for IV pumps. They will be97 holding an EMT class in January.98 99 Ms. Yeisley said the Police want to issue a public service announcement about not leaving100 presents in the car while shopping or just going around town and to not leave your key fobs in or101 near your cars.102 103 Ms. Yeisley said Public Safety wants to remind everyone that heating assistance is available104 through Eversource. There is also a free energy efficient home audit through the end of the year.105 106 Ms. Yeisley said Aging and Disabilities had their sensory Santa event and there were about 120107 in attendance.108 109 Ms. Yeisley said the Library meeting was tonight so she couldn’t attend.110 111 Ms. Yeisley said SMPAC is in negotiations with the Hartford Symphony and looking to increase112 their contract from five years. They are booking for 2026.113 114 Mr. Paine said he went to the Housing meeting and there was discussion on where they are and115 where they would like to be. They are also applying for a grant for some safety issues.116 117 Ms. Mackstutis noted that CRCOG is looking in to starting a regional Fair Rent Commission.118 Further information will be sent out when received.119 120 SELECTMEN ACTION121 122 a) Reclassify and Revise the Deputy Assessors Job Description (55:17))123 124 Ms. Meriwether said she had sent a request to the Town Manager about why they would like to125 upgrade the Deputy Assessor’s Job Description. She said the Deputy Assessor has completed126 classes to become a certified CT Municipal Assessor and now has the authority as an Assessor.127 Ms. Meriwether said they are proposing at 3A5 step 1, which would increase her pay by about128 $11,000. She noted that she will still be making less than the person who is not certified. This is129 also one of the recommendations from the audit assessment in 2024.130 131 Mr. Fitzgerald noted that they are asking for the $11,000, which is budgeted, and is to cover the132 difference from July 1, 2025. Next year the new salary would be included in the department133 budget.134 13531 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 4 After discussion, Mr. Antonio made a motion, effective December 15, 2025, to approve the136 proposed revisions to the Deputy Assessors Job Description as presented. Further move, to137 approve the reclassification of the Deputy Assessors position retroactive to July 1, 2025. Ms.138 Yeisley seconded the motion. All were in favor and the motion passed.139 140 b) Approve the Simsbury Education Association Contract Renewals (1:08:10)141 142 Mr. Sullivan said this is an element of the State Statute of Teacher Negotiations that says after a143 negotiation happens, the Union needs to ratify, then the Board of Ed needs to approve, and then144 the final step for teacher negotiations has to go to the Board of Selectmen. Mr. Sullivan145 explained that the State average for teacher contracts is 13.2%. He said their negotiation landed146 at 13.03%. He said it was a very interesting negotiation and our teachers top received 3.4% for147 year 1; a 3.4% for year 2; and a 3.5% in year three. He said this was a good negotiation and148 ratification and the Board of Education voted to approve it unanimously.149 150 Mr. Sullivan said the Board had three options:151 1. Ratify/approve the tentative agreement.152 2. Reject the tentative agreement, in which case the matter shall be referred to binding153 arbitration; or154 3. Take no action, in which case the tentative agreement package is considered ratified by155 the Town after the 30-day waiting period from the date of file.156 157 After discussion, the Board decided not to vote on this item therefore, the tentative agreement158 package is considered ratified by the Town after the 30-day waiting period from the date of file.159 160 Ms. Mackstutis asked to move item b) Simsbury Public Library Connecticut Humanities Quick161 Grant to the end of the Selectmen Action items without objection.162 163 c) Approve Supplemental Appropriation for Aquarion Water Company 2024 Water Main164 Replacement Project Paving Contribution (1:20:37)165 166 Mr. Roy said Aquarion replaces their old infrastructure on Town Roads. Then the Town puts167 down temporary paving to get us through the winter. If any settling happens in the spring the168 contractor needs to repair that. We have been working with them for 6-7 years now to try to169 schedule our paving around their water main replacement schedule as it costs us a lot less to pay170 for the paving materials. Mr. Roy said the money had already come in, but he can’t spend it until171 the supplemental appropriation is approved.172 173 Ms. Yeisley made a motion, effective December 15, 2025, to approve a supplemental174 appropriation in the amount of $196,000 for use in the Town’s Pavement Management Program175 and to recommend this to the Board of Finance. Mr. Beal seconded the motion. All were in176 favor and the motion passed.177 178 17932 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 5 d) Authorize Acting Town Manager to Apply for a Connecticut DEEP 2025 Recreational180 Trails Grant Solicitation for Farmington River Trail Maintenance (1:26:15)181 182 Mr. Kessler said these grants come out every few years. DEEP gets about $10,000 - $500,000,183 which they spread out. They are looking for regional type projects for this grant. They would184 like to use it for maintenance on the Farmington River Trail. They get a lot of complaints about185 the Stone Dust part of the trail. Mr. Kessler said this is on DEEP property, but used by many186 residents, students, cross-country teams, and it is also a regional trail. He would like to return it187 to what it was about 10-15 years ago. It involves resurfacing to stone dust, drainage repairs,188 selective tree cutting. He said they would be working on two sections and not touching the189 bridge. This is an in-kind match where we spend the money for the project and DEEP pays back190 80%. He thinks this is a great way to improve the trail and use our staff. He said they would be191 submitting the application on Thursday. Mr. Kessler said he wouldn’t hear anything about192 receiving the grant for about 8-9 months. They would have to shut down sections when working193 on them, but the project should only take about 3-4 weeks.194 195 After discussion, Ms. Yeisley made a motion, effective December 15, 2025, to authorize196 submission of proposal for grant funding to Connecticut DEEP under the 2025 Recreational197 Trails Grant solicitations to fund a maintenance program located on the Farmington River Trail.198 199 In the event the grant is awarded, the following additional motions are in order:200 201 Further move, to accept the grant and authorize Tom Fitzgerald, Acting Town Manager, to202 execute all documents related to the grant award.203 204 Finally move, to appropriate the grant funds and recommend said appropriation to the Board of205 Finance.206 207 Mr. Looney seconded the motion. Ms. Yeisley accepted a friendly amendment to change Tom208 Fitzgerald, Acting Town Manager, to just the Town Manager. All were in favor and the motion209 passed.210 211 At 7:36 PM Mr. Antonio made a motion, effective December 15, 2025, to take a 5-minute recess.212 Mr. Beal seconded the motion. All were in favor and the motion passed.213 214 The meeting was resumed at 7:42 PM.215 216 e) Set a Referendum Date for the Simsbury Performing Arts Center “Next Act” Project217 Supplemental Appropriation and Approve the Referendum Questions (1:35:28)218 219 Mr. Fitzgerald said the Board of Selectmen approved the supplemental appropriation and sent it220 to the Board of Finance. The Board of Finance held a Public Hearing and after much discussion221 they moved to move the appropriation forward. Now it is up to the Board of Selectmen to set a222 referendum date.223 22433 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 6 He said the Referendum needs to be coordinated with the Registrars and they have asked for225 Saturday, January 24, 2026. The Referendum will be held in Town Hall from 6:00 a.m. to 8:00226 p.m. Mr. Fitzgerald said the question to be asked is at the bottom of the resolution.227 228 Ms. Mackstutis said she feels the wording in the resolution is confusing. It looks like the amount229 is $888,000 not $388,000. Mr. Fitzgerald said he would discuss the language with bond counsel230 and get back to the Board with their decision. There was also some discussion on how to give231 information to residents on the website and on the mailer.232 233 After discussion, Mr. Looney made a motion, effective December 15, 2025, to set the date of234 Saturday, January 24, 2026, for the automatic referendum pursuant to Section 406 of the Town235 Charter from 6:00 a.m. to 8:00 p.m. at the Simsbury Town Hall, 933 Hopmeadow Street. Ms.236 Yeisley seconded the motion. All were in favor and the motion passed.237 238 RESOLUTION APPROPRIATING AN ADDITIONAL $388,000 IN CAPITAL RESERVE239 FUNDS FOR AN AGGREGRATE APPROPRIATION IN THE AMOUNT OF $3,170,881240 FOR THE PREVIOUSLY APPROVED IMPROVEMENTS TO THE PERFORMING241 ARTS CENTER, BANDSHELL ADDITION.242 243 RESOLVED, that the previously approved resolution entitled “RESOLUTION244 APPROPRIATING $900,000 IN ADDITION TO $350,000 IN CAPITAL RESERVE FUNDS245 PREVIOUSLY APPROPRIATED, FOR AN AGGREGRATE AMOUNT OF $2,782,881FOR246 IMPROVEMENTS TO PERFORMING ARTS CENTER, BANDSHELL ADDITION,” is247 hereby amended to read:248 249 “RESOLUTION APPROPRIATING $900,000 IN STATE GRANT FUNDS, $1,032,881 IN250 DONATIONS AND $388,000 IN CAPITAL RESERVE FUNDS, IN ADDITION TO251 $850,000 IN CAPITAL RESERVE FUNDS PREVIOUSLY APPROPRIATED, FOR AN252 AGGREGATE AMOUNT OF $3,170,888 FOR IMPROVEMENTS TO PERFORMING253 ARTS CENTER, BANDSHELL ADDITION254 255 RESOLVED, that the Town of Simsbury appropriate $900,000 in State grant funds, $1,032,881256 in donations received, and $388,000 in Capital Reserve Funds, in addition to $850,000 in Capital257 Reserve Funds previously appropriated, for an aggregate THREE MILLION ONE HUNDRED258 SEVENTY THOUSAND EIGHT HUNDRED EIGHTY-ONE DOLLARS ($3,170,881) for259 improvements to the Performing Arts Center, anticipated to include a bandshell addition off the260 rear of the existing structure, replacement of the existing roof to match new roof, replacement of261 existing siding to match new addition, permanent restrooms, storage space, green rooms and262 rehearsal and community meeting space, heating, utilities, walkways, stairs and ramps. The263 appropriation may be spent on planning, engineering, design and consulting fees, equipment,264 materials, construction costs, utilities and permit fees, and other expenses related to the project.265 The Board of Selectmen may determine the particulars and may reduce or modify the scope of266 the project and the entire appropriation may be spent on the reduced or modified project.”267 26834 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 7 FURTHER RESOLVED, that pursuant to Section 406 of the Town Charter, this Resolution be269 presented to a referendum vote under the following caption:270 271 “SHALL THE TOWN OF SIMSBURY APPROPRIATE AN ADDITIONAL $388,000 IN272 CAPITAL RESERVE FUNDS, FOR AN AGGREGATE APPROPRIATION IN THE AMOUNT273 OF $3,170,881 FOR THE PREVIOUSLY APPROVED IMPROVEMENTS TO PERFOMING274 ARTS CENTER, BANDSHALL ADDITION?”275 276 Ms. Yeisley made a motion to approve the above resolution subject to Bond Counsel review. Mr.277 Looney seconded the motion. All were in favor and the motion passed.278 279 f) Proposed Mailer for the Simsbury Performing Arts Center “Next Act” Project280 Supplemental Appropriation Referendum (1:50:18)281 282 Mr. Fitzgerald noted that the proposed mailer request came from the Board of Finance. He said it283 would cost about $4,000 for a black and white 5 ½ by 8 ½ type postcard that will go out to all284 households in Simsbury.285 286 There was a lot of discussion on what should go on the mailer. Mr. Fitzgerald noted that the287 Board cannot advocate one way or the other. The Town Attorney still needs to approve the288 mailer. The Board would like it to explain where the money came from and where it is going to289 and other helpful information. Mr. Fitzgerald will discuss the proposed changes with the Town290 Attorney.291 292 Ms. Yeisley made a motion, effective December 15, 2025, to approve and authorize the issuance293 of Town-wide mailer as discussed and updated. Further move, staff is authorized to make294 changes as recommended by the SEEC and Town Attorney. Ms. Looney seconded the motion.295 All were in favor and the motion passed.296 297 g) Revise the Information Technical Director Job Description (2:08:24)298 299 Mr. Fitzgerald said this is coming up because there is an upcoming IT Director position300 retirement in January. Mr. Bazzano is retiring after 35+ years and he will be missed.301 302 Mr. Fitzgerald said they worked on some revisions for the IT Director position and updated to a303 new format. In the last round of negotiations with the union, the position will move to304 unaffiliated, which is a change. They will remain full-time and exempt. The changes did go to305 Personnel Sub-Committee on December 11th and there were slight modifications including306 certifications, making sure it was government focused, but also equivalent to someone in the307 private side industry equivalent wording. He said a lot of this is similar to the current job308 description. He said the range for posting would be about $120,000 - $150,000. The budget was309 set at $147,000. He hopes to post the opening in the next few days.310 31135 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 8 Mr. Beal said he had given some proposed changes about preferred certifications and what we312 would want in an IT Director position. Mr. Antonio said Personnel Sub-Committee added313 requirements preferred and he feels that should go under the required list.314 315 Mr. Antonio made a motion, effective December 15, 2025, to approve the proposed revisions, as316 discussed tonight, to the information Technical Director job description as presented. Mr. Beal317 seconded the motion. All were in favor and the motion passed.318 319 h) Authorize the Acting Town Manager to Apply for a Simsbury Public library320 Connecticut Humanities Quick Grant (2:14:05)321 322 Mr. Fitzgerald said this is a Library Quick Grant for spring of 2026. He said the Library is323 working on programming through all three division heads, adults, teens, and children. They are324 trying to work on programs for their theme, which is One Town One Book and the backyard bird325 chronicles by Amy Tan. The grant submission is January 5, 2026. The grant will be awarded in326 early February. It is a 50/50 match with $2,017 coming from the grant and $2,017 from the327 Friends of the Simsbury Public Library, the Simsbury Senior Center, and the Gardeners of328 Simsbury.329 330 Mr. Antonio made a motion, effective December 15, 2025, to authorize Tom Fitzgerald, Acting331 Town Manager, to apply for a Connecticut Humanities Quick Grant in the amount of $4,034 to332 fund a One Book, One Town program series.333 334 In the event the grant is awarded, the following additional motions are in order:335 336 Further move, to accept the grant and authorize the Town Manager to execute all documents337 related to the grant award.338 339 Finally move, to appropriate the grant’s funds and recommend said appropriation to the Board of340 Finance.341 342 Ms. Yeisley seconded the motion. All were in favor and the motion passed.343 344 345 i) Authorize the Acting Town Manager to Issue Tax Overpayment Refunds346 347 This item was moved to the Consent Agenda.348 349 APPOINTMENTS AND RESIGNATIONS350 351 Acknowledge Receipt of a Resignation from the Planning Commission352 353 This item was moved to the Consent Agenda.354 355 35636 T O W N O F S I M S B U R Y – B O A R D O F S E L E C T M E N R E G U L A R M E E T I N G M I N U T E S – D E C E M B E R 1 5 , 2 0 2 5 P a g e | 9 APPROVAL OF MINUTES357 358 December 1, 2025 Regular Meeting359 360 Mr. Antonio made a motion, effective December 15, 2025, to approve the Regular Meeting361 Minutes of December 1, 2025. Mr. Looney seconded the motion. All were in favor and the362 motion passed.363 364 COMMUNICATIONS365 366 Thrive Form 2025 Annual Report and 2026 Plan -there was no discussion at this time.367 Farmington Valley Health District Food Insecurity Summit Flyer – there was no discussion368 at this time.369 370 ADJOURN TO EXECUTIVE SESSION371 372 Ms. Yeisley made a motion, effective December 15, 2025, to adjourn to executive session373 pursuant to C.G.S. Section 1-200(6)(b) for the purpose of discussion of Pending Litigation and a374 proposed settlement, if needed, to the agenda at 8:24 p.m. The session to include the Board of375 Selectmen, Acting Town Manager Tom Fitzgerald and Attorney Mike Harrington. Mr. Beal376 seconded the motion. All were in favor and the motion passed.377 378 ADJOURN FROM EXECUTIVE SESSION379 380 Mr. Antonio made a motion, effective December 15, 2025, to adjourn from Executive Session at381 8:31 p.m. Mr. Beal seconded the motion. All were in favor and the motion passed.382 383 SELECTMEN ACTION CONTINUED384 385 Ms. Yeisley made a motion, effective December 15, 2025, to approve the Full and Final386 Settlement Agreement for Betty Fisher vs. Town of Simsbury as presented, and authorize the387 Acting Town Manager, Tom Fitzgerald, to process the settlement payment agreement. Mr. Beal388 seconded the motion. All were in favor and the motion passed.389 390 ADJOURN391 392 Mr. Beal made a motion, effective December 15, 2025, to adjourn the Regular Meeting at 8:32393 p.m. Ms. Yeisley seconded a motion. All were in favor and the motion passed.394 395 Respectfully submitted,396 Kathi Radocchio, Clerk39737 OFFICE OF THE Marc S. Nelson, MPA TOWN MANAGER www.simsbury-ct.gov Mon. (8:30 AM - 7:00 PM) Tel. (860) 658-3230 933 Hopmeadow Street Tue. Wed. Thu. (8:30 AM - 4:30 PM) Fax. (860) 658-9467 Simsbury, CT 06070 Fri. (8:30 AM - 1:00 PM) townmanager@simsbury-ct.gov MEMORANDUM To: Board of Selectmen From: Tom Fitzgerald, Deputy Town Manager cc: Marc Nelson, Town Manager Date: January 12, 2026 Subject: Farmington Valley Trails Council Mile Marker Project Grant On December 2, 2025 I, as Acting Town Manager at the time, signed a Land Use Permission form to grant permission to the Farmington Valley Trails Council (FVTC) to install mile markers along the Farmington Canal Heritage Trail in Town. This form was required by each town along the trail to allow the FVTC to apply for a DEEP Grant. The Mile Marker Project involves placing 6 x 6 pressure treated wooden posts, along the eastern edge of the trail. The posts will include the name of the city or town, the name of the trail (Farmington Canal Heritage Trail) along with the number of miles the post is from the boathouse in New Haven. The Town Attorney stated this agreement was administrative and could be signed by the Town Manager. Prior to signing, this project has been discussed with our Director of Culture, Parks and Recreation who was is in favor of it as it will make Simsbury consistent with other towns on the trail. There is no initial cost to the Town for this but it should be noted the Town will be responsible for future maintenance of the signs. This was not seen as a deterrent since the initial life span of the signs should be lengthy and allow for a maintenance plan to be thought of and implemented.38 OFFICE OF THE Marc S. Nelson, MPA TOWN MANAGER www.simsbury-ct.gov Mon. (8:30 AM - 7:00 PM) Tel. (860) 658-3230 933 Hopmeadow Street Tue. Wed. Thu. (8:30 AM - 4:30 PM) Fax. (860) 658-9467 Simsbury, CT 06070 Fri. (8:30 AM - 1:00 PM) townmanager@simsbury-ct.gov MEMORANDUM To: Carolyn M. Stewart, Chair, Abigail Phelps Chapter 250 Committee From: Marc Nelson, Town Manager cc: George McGregor, AICP, Director of Community Planning and Development Date: January 12, 2026 Subject: Request to Place One Flag and One Sign at St. Bernard’s Cemetery Your request to place a sign (mentioning the Abigail Phelps Chapter of the Daughters of the American Revolution (DAR) honoring the American Revolution patriots) at the entrance gate of the cemetery, and a six (6) inch by ten (10) inch DAR flag next to a patriot’s headstone, is hereby approved subject to any constraints determined by the Community Planning and Development Department. Please contact them at (860) 658-3245 for additional information.39 Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Authorize Town Attorney to Enter a Settlement Agreement Regarding Pending Tax Appeal for Simsbury Commons LLC 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager; Francine Beland, Assessor; Robert M DeCrescenzo, Esq., Town Attorney 4. Action Requested of the Board of Selectmen: If the Board of Selectmen supports approving the stipulation for judgment to settle the Simsbury Commons LLC real estate tax appeal, the following motion is in order: Move, effective January 12, 2026 to approve the Joint Stipulation for Judgment for Docket Nos. HHB-CV-23-6082306-S; HHB-CV-23-6079578-S; HHB-cv-24-6085561-S vs. Town of Simsbury for the tax appeals on the real estate property located at 498 and 530 Bushy Hill Road as presented, and authorize Town Attorney Robert Decrescenzo to execute the agreement. 5. Summary of Submission: The subject property located at 498 Bushy Hill Road, is occupied by Stop & Shop and the 2022 revaluation found a market value of $12,062,5001 with an assessment of $8,443,7502. The owner of the property filed an appeal of the 2022 assessment to be valued at $7,000,000 with a 70% assessed value of $4,900,000. The subject property located at 530 Bushy Hill Road, is the shopping center improved with two buildings totaling 187,370+/- square feet in Simsbury on 16 acres. As of the effective date of October 1st, 2022, major tenants included HomeGoods, Apple Cinemas, Bob’s Stores, Party City, and Bed Bath & Beyond and several other smaller retail and mixed business. The second building is occupied by Walgreens built in 1999 on ground lease. The revaluation found a market value of $34,799,500 as of October 1, 2022 with an assessment of $24,359,650. 1 100% of value 2 70% of value The property owner filed an appeal with the Board of Assessment for the 498 & 530 Bushy Hill assessment to be valued at $10,000,000 as a combined market value. The BoAA declined to hear the appeal and referred them to court. Our appraiser found the fair market value of 530 Bushy Hill, as of October 1, 2022 to be $31,300,000. The main point of contention in this appeal is over the change of tenants that occurred after the revaluation date, given the relatively high rental rate for the major tenants that closed. Junior Anchor spaces at the subject that have closed include Bed Bath & Beyond, HomeGoods, Bob’s Stores and Party City. This segment of the retail market had been underperforming relative to smaller in-line space, grocery stores, and big box stores such as Walmart or Target. The owner agreed to withdraw the 498 Bushy Hill Road appeal and the parties agreed upon market value for settlement purposes for 530 Bushy Hill Road of $32,100,000 for the October 1, 2022GL and $30,500,000 for the 2023-2026GL, subject to approval by the Board of Selectmen. The proposed settlement that applies to the Town’s October 1, 2022 GL results in an assessment of $22,470,000. The proposed settlement that applies to the remainder of the revaluation cycle (2023- 2026 assessment years) results in an assessment of $21,350,000. 6. Financial Impact: The original assessment assigned at revaluation would have resulted in a tax payment of approximately $3,950,000. The revised assessments will result in an estimated tax payment of $3,539,000 over the revaluation cycle. The reduced assessment would result in an overpayment of approximately $254,700 that would be applied to FY26. 7. Description of Documents Included with Submission: a) Joint Stipulation for Judgment – Simsbury Commons, LLC vs. Town of Simsbury b) Memo from Francine Beland, re: Settlement of Simsbury Commons, LLC January 12, 2026 To: Marc Nelson, Town Manager From: Francine Beland, Assessor Re: Settlement of SIMSBURY COMMONS LLC (498 & 530 Bushy Hill Road) Appeal Appellant/Owner Property Market Value Assessment (AV) Agreed Value Revised AV Assessment Change Simsbury Commons LLC 498 Bushy Hill Road 530 Bushy Hill Road 2022 12,062,500 2022 34,799,500 2022 8,443,750 2022 24,359,650 2022 12,062,500 2022 32,100,000 2023 30,500,000 2022 No Change 2023 22,470,000 2023 21,350,000 0 -1,889,650 -3,009,650 The subject property, 498 & 530 Bushy Hill Road, known as Simsbury Commons, is a shopping center totaling over 260,000 square feet, anchored by Stop & Shop supermarket. As of October 1st, 2022, major tenants included HomeGoods, Apple Cinemas, Party City, Bed Bath & Beyond, and Bob’s. Most of these major tenants have closed down for good after filing for bankruptcy. The revaluation found a market value of $12,062,5001 and $34,799,500 as of October 1, 2022. The owner filed an appeal with the Board of Assessment Appeals for a combined market value of $10,000,000 and the Board elected not to conduct a hearing and referred the appeal to the court based on value being greater than one million. Their appraiser’s opinion of value was $12,062,500 and $28,500,000 for a total market value of $40,562,500 Our appraiser’s updated appraisal of only the 530 Bushy Hill property was $31,300,000. The owner agreed to withdraw the 498 Bushy Hill Rd tax appeal and the parties agreed to a market value for 530 Bushy Hill Rd for settlement purposes. The proposed assessment change would reduce the market value for 2022GL from $34,799,500 to $32,100,000 and the 2023-2026GL would be reduced to $30,500,000 as indicated above. The assessment reduction would result in a decreased town tax in the current year of approximately $99,380. The overpayment in taxes for the 2022 and 2023 list would be applied to the current fiscal year. 1 100% of value 933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070 BOARD OF SELECTMEN MEETING AGENDA SUBMISSION FORM 1. Title of Submission: Approve Amendments to the Town of Simsbury Defined Contribution 401(a) Government Money Purchase Plan 2. Date of Board Meeting: January 12, 2026 3. Individual or Entity Making the Submission: Marc Nelson, Town Manager 4. Action Requested of the Board of Selectmen: The following motion is in order: Move, effective January 1, 2026, to amend the Town of Simsbury Defined Contribution 401a plan to allow participants to retain non-vested Town contributions in the event of disability or death by adding provision Section 7.05 to the Government Money Purchase Plan. 5. Summary of Submission: Currently, the Town of Simsbury contributes the equivalent of (5% - 7.25%) of the employees pre-tax base wages to the defined contribution 401(a) plan for full-time employees who elect to participate in the defined contribution plan. Town contributions to the 401(a) plan are vested on a rolling basis, 20% per year until the employee has reached (5) years of service at which point Town contributions are 100% vested. Currently, the plan does not allow employees who participate in the defined contribution plan to retain non-vested Town contributions in the extraordinary event of disability or death. In these instances, the non-vested portion of the Towns contributions, including Town contributions and all earnings (or losses) attributable to those contributions, are forfeited back to the Town. Upon approval, a participant or his/her Beneficiary shall have a nonforfeitable interest in his/ her entire Employer Contribution account in the event of disability or death. 6. Financial Impact: By and large, the proposed amendment is cost neutral. Although there is no direct financial impact as the Town’s contributions have already been committed, there is an indirect opportunity cost as forfeited contributions are not available to reduce future contribution requirements. 7. Description of Documents Included with Submission: a) Definition of Disability (Section 2.08) of the defined contribution 401(a) Retirement Governmental Money Purchase Plan b) Defined Contribution 401(a) Vesting Schedule – Section 7.05 to be added to the defined contribution 401(a) Retirement Governmental Money Purchase Plan: 7.05 Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event of disability or death, a Participant or his/her Beneficiary shall have a Nonforfeitable Interest in his/her entire Employer Contribution Account, to the extent that the balance of such Account has not previously been forfeited pursuant to Section 7.06 of the Plan. If a Participant forfeits amounts because of a Break in Service, then if the Participant later vests upon Disability or death, the amount forfeited due to the Break in Service is not restored.