Minutes

Board of Selectmen - Minutes - Mar 9, 2026

Mar 9, 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.

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CALL TO ORDER1
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The Special Meeting of the Board of Selectmen was called to order at 6 :00 p.m. in the Main3
Meeting Room of the Simsbury Town Offices. Present were: First Selectman Wendy4
Mackstutis; Board members Curtis Looney, Diana Yeisley, Mike Paine and Kevin Beal. Others in5
attendance included: Town Manager Marc Nelson; Deputy Town Manager Tom Fitzgerald; Parks6
and Recreations Director Tom Tyburski; Attorney Bob DeCrescenzo; and other interested parties.7
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PLEDGE OF ALLEGIANCE9
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Everyone stood for the Pledge of Allegiance.11
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PUBLIC AUDIENCE (0:45)13
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• Email townmanager@aimsbury-ct.gov by Monday, March 9, 2026, to register to speak to15
the Board of Selectmen live through Zoom16
• Written comments can be emailed to townmanager@simsbury-ct.gov., not read into the17
record, but forwarded to all Selectmen via email18
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Joan Coe, 26 Whitcomb Drive, said the First Selectman said public audience is an inconvenience20
to the Board, but is something they must tolerate. She feels public audience is not an21
inconvenience and should be encouraged. She spoke about the 5 minutes the public has for their22
comments. The public should speak for their best interest. They should be heard and their23
comments should be reviewed by the Board. Ms. Coe said while we are celebrating the 250th
24
Declaration of Independence, the rights of the people and people being created equal are25
important. She said it is the right of the people to create forms of government. She also spoke26
about high taxes, accountability, economic development and expansion or new business27
opportunities. Ms. Coe also spoke about the increases in the Board of Ed and Board of Selectmen28
budgets and the use of reserves. She also said the Board increased the funding for SVAA and29
Main Street Partnership, while cutting other interests. She feels the International Skating Center30
should be paying for taxes and Eno Trust should be submitting their financials. She also spoke31
about pickle ball courts being unstable and having grass fields instead of turf.32
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There were no further comments in Public Audience.34
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CONSENT AGENDA (6:06)36
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Ms. Mackstutis made a motion, effective March 9, 2026, to put Action Item a) Authorize the38
Town Manager to Execute Tax Refund Overpayments and b) Approve Parks Mechanic II and39
Golf Course Mechanic II Job Descriptions to the Consent Agenda. Also, to move Appointments40
and Resignations a) Resignations from and Appointments to the Fair Rent Commission and b)41
Acknowledge Receipt of a Resignation form the Open Space Committee to the Consent Agenda.42
Ms. Yeisley seconded the motion. All were in favor and the motion passed.43
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FIRST SELECTMAN’S REPORT (6:50)46
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Ms. Mackstutis said she wanted to take the liberty on behalf of the Antonio family to thank48
everyone in Town, the staff, and Board, there has been an outpouring of care, concern, and love49
while the Antonio family is going through right now. It is hard to watch what they are going50
through, between the health issues, the fire on top of that, plus the loss of a dog. She asked51
everyone to keep sending prayers to them and when they need us, we will find a way to get them52
what they need. She said the Board loves Mr. Antonio, and they are sorry he can’t be here53
tonight, but the Board cares about him and misses him.54
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TOWN MANAGER’S REPORT (7:50)56
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Mr. Nelson said Town staff echoed Ms. Mackstutis’s comments, and they give the Antonio58
family their best. The Town Manager, Marc Nelson, reviewed his Town Manager’s report.59
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LIAISION AND SUB-COMMITTEE REPORT (9:05)61
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Mr. Beal did not have any report at this time.63
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Mr. Looney said there was a Police Commission meeting with discussion about changes at the65
Police Academy. There will be more information to come.66
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Ms. Mackstutis did not have any report at this time.68
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Ms. Yeisley said there was a meeting with the Board of Ed, SMPAC, and Mr. Roy to discuss70
holding the graduation at the Performing Arts Center while construction was going on. After71
discussion, they will be moving forward with the graduation event.72
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Mr. Paine said the Zoning Commission gave an update on changes to Zoning Regulations. There74
will be public input at the Library on Monday, March 30, 2026, from 7 – 9 p.m.75
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SELECTMEN ACTION77
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a) Authorize the Town Manager to Execute Tax Refunds Overpayments79
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This was moved to the Consent Agenda.81
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b) Approve Parks Mechanic II & Golf Course Mechanic II Job Descriptions83
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This item was moved to the Consent Agenda.85
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c) Discussion and Possible Action on the 2025 Charter Revision Commission’s Draft90
Report (10:30)91
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Ms. Mackstutis said she put together a working spreadsheet on items the Board sent to the93
Charter Revision Commission. This Board has given them some key points that they wanted94
addressed.95
96
Ms. Mackstutis asked about 3b holding separate elections of the Chief Executive Official to97
being appointed by the Town Council. The Board is willing to leave this alone but would like to98
have some discussions on this in the future. The Board agreed.99
100
Ms. Mackstutis went to item c about the person who comes in second; there doesn’t seem to be101
any desire to change this. Mr. Beal said this is consistent with State statutes. The Board agreed.102
103
Ms. Mackstutis said number 4, review of referendum triggers; there doesn’t seem to be any need104
to change this either. The Board agreed.105
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Ms. Mackstutis went on to section 403 – the clarification, directing and asking staff to do things107
was improved from before. It’s a little more enhanced. Mr. Paine had some concerns as no108
Board or Commission should be going to Town staff unless they are working with Town staff.109
Everything should go through the Town Manager.110
111
Ms. Barnett explained what the changes meant. After further discussion, the Board will ask the112
Charter Revision Commission to give further clarity on that section.113
114
Mr. Beal said in section 404, First Selectman section 404a, that it talks about limiting115
compensation for the First Selectman. It exempts them from Town benefits. He feels they116
should add language “as required by law” to that section. Attorney DeCrescenzo agrees.117
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There was some discussion on capitalization of certain words. No changes will be made at this119
time. However, Public Safety and Personnel should be capitalized.120
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Mr. Beal spoke on 404d – supervision of the Town Manager section. He said it’s appropriate for122
efficiencies and helpful in communication to convey the will of the Board to the Town Manager,123
but it doesn’t actually speak to that from what he reads. He would like to add some language124
with the concurrence of the Board of Selectmen or something that would more tightly construe125
the responsibilities of the primary supervisors, not independent of the Board of Selectmen but126
subject to the will of the majority of the Board. Ms. Mackstutis said she viewed this differently127
and the changes made it clearer. After discussion, the Commission will be asked to review this128
further for clarification to strengthen the language and references 502.129
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Ms. Yeisley wanted to revisit the name of a current commission. Under the duties of Culture,131
Parks and Recreation, she would like the word culture removed for multiple reasons. Then the132
Board would be able to create cultural or art commission, etc. under an ordinance.133
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Ms. Mackstutis said there has been a lot of push back on taking EDC out of the Charter. She said135
they could take out all non-state required Boards and Commissions out of the Charter and have136
them by ordinance only.137
Other Towns do this. This would then burden this Board to create a few ordinances like CPR,138
Open Space, Design Review, Conservation, etc., and this would make them more flexible to139
move with the times as priorities change rather than be locked in for 7 years.140
141
After discussion, the consensus was to put EDC back into the Charter and to leave the Boards142
and Commissions as they were. Attorney DeCrescenzo said the language could also be changed.143
He said the only Boards and Commissions that have to be in the Charter are Building Code of144
Appeals, Conservation Inland/Wetlands, Conservation, and the Public Building Committee.145
Everything else can be done by ordinance.146
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After discussion, the Board decided to send this issue back to Charter Revision to relook at EDC.148
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Ms. Yeisley brought up the change in the name of Culture, Parks and Recreation again. She150
wants to take culture out of the Charter. She spoke about what will happen in the future if151
someone wants to create an ordinance for Culture, but they says it is already in the Charter. After152
discussion, they will leave Culture in.153
154
There was some discussion on wording in many places that says “where upon affirmative votes155
of at lease 4 Selectmen” is mentioned in the Charter. Ms. Mackstutis was given clarification on156
this wording and the wording will remain.157
158
Mr. Nelson pointed out a loophole in the Charter that allows for a 5-member body to accomplish159
something that might not be able to be accomplished if everyone was there. Ms. Barnett said the160
Charter Revisions Commission didn’t change that wording. Mr. Fitzgerald read the last line in161
Section 402 for clarification. No changes will be made.162
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Mr. Beal said he followed up on a couple of comments under Conservation Inland/Wetlands. He164
spoke to some members of the Commission as the comments were well thought out and there165
were good arguments on the issues.166
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Ms. Yeisley said she did some research about keeping the Commissions together or separate.168
She said she learned that if they are separate there are time constraints, and focus. If the169
Commissions are combined, they spend 90% of their time on wetlands regulatory duties, often170
neglecting proactive conservation, education, and open space planning, etc. After discussion, the171
Board decided to accept the Charter Revision Commission’s recommendations. Mr. Paine would172
like to leave them together to streamline the process, etc.173
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Ms. Mackstutis asked what Town Forest Commission was. Attorney DeCrescenzo said it is175
required under State Statute.176
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Ms. Mackstutis wanted to go back to the list: She said the number and function of the Town’s178
Boards and Commissions and make adjustments as the Commissions deem appropriate including179
terms of office for the Boards and Commissions – there were no proposed changes.180
181
Eliminate dormant Boards and Commissions – removed EDC – asked Charter to revisit this. She182
noted that the Finance Sub-committee still exists. However, she personally doesn’t see a need for183
the Finance Sub-committee.184
She would like to take it out and just add as an ad hoc commission when needed. After some185
discussion, this sub-committee will be kept in the Charter.186
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Ms. Mackstutis said they reviewed appointing vs. electing memberships to Boards and188
Commissions didn’t change.189
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Ms. Mackstutis said there were some questions on affiliations in section 301a alternates and 603191
vacancies. After some clarification in Section 301a, it will be left alone. Ms. Mackstutis wanted192
to make sure Section 603 didn’t have any language missing for unaffiliated voters. She wants to193
make sure not only Republicans and Democrats and be on Boards and Commissions, but194
Unaffiliated can too. After more discussion, this wording is ok.195
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Ms. Mackstutis said the Charter Revision Commission was asked to consider amending the197
Charter to require all Boards and Commissions to operate uniformly with their rules and198
procedures and for removal of inactive members and how to implement these rules and199
procedures. This has been done.200
201
She said they were asked to consider the structure of Land Use Boards and Commissions. This202
has been discussed several times, and they will be left separate.203
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Ms. Mackstutis said there was discussion on extending length of terms to four years for the205
Board of Selectmen, Chief Elected and instituting staggered terms. Ms. Mackstutis said the206
Charter Revision Commission spent a lot of time on this and people feel very strongly about this207
issue. There was discussion on accountability versus stability versus knowledge. She said208
Boards and Commissions are empowered by their Boards to do what they are supposed to do and209
be accountable. There are learning curves for all Boards or Commissions, and she asked why210
none of the terms were touched, except for the Board of Finance. She wondered if the Board of211
Selectmen terms should be revisited.212
213
Mr. Looney said when he, Mr. Beal and Ms. Yeisley came on as new members of the Board they214
didn’t have any history or background in Town budgets. He feels if some form of staggering was215
done it would be better. It is a tough process to understand in how the budget works, etc. Ms.216
Yeisley noted that there are things being worked on by prior Boards and it is hard to get up to217
speed on those projects too. She also feels the Board of Selectmen should have staggered four-218
year terms. She feels the Board of Finance terms of six years is excessive.219
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There was a lot of discussion on this issue, but the Board decided to leave the recommendation221
of the Charter Revision Commission alone.222
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223
Ms. Mackstutis said the Commission reviewed the Town form of government in view of the224
political forms and considered the role and title of the chief elective official and legislative body.225
She said the Commission didn’t take up all changing the form of government to a chief executive226
officer and chief elected official. Ms. Barnett227
said there was discussion, but they spent a lot of time on strengthening the roles of the First, the228
Board and the Town Manager and clarifying those rather than the names. She said the Town229
Manager was hired as a Town Manager, so they aligned their contract in the Charter.230
231
Attorney DeCrescenzo said it is the function of the roles that matters not the titles. It is not232
required to call the chief elective official or Mayor when you have a Town Manager. He said233
you also don’t have to call the legislative body a Town council when you have a Town Manager234
because the Charter Revision statute says it is a local decision. He said the discussion decided235
that there is a lot of equity around titles of First Selectman and Board of Selectmen even with the236
change of government.237
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After discussion, Ms. Barnett said the roles are clearly defined in the Charter. There was also239
some discussion on the referendum questions and asking the voters to make the decisions if there240
is not a consensus within the Board. Attorney DeCrescenzo said the Board determines the241
framing of the Referendum questions and there can be multiple questions. They can accept the242
full report, reject the full report, accept or reject some of the report. Once the report is accepted,243
then the Referendum questions are formed. He said there are usually five questions on the244
Referendum.245
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After further discussion, the Board decided to send the term requirements question back to the247
Commission for further review.248
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Attorney DeCrescenzo said once the Board receives the final report, they can accept it or any250
part of it or reject it, but they can’t change it.251
252
Ms. Mackstutis said there were no changes to the budget timeline.253
254
In the final sentence, section 410 of the Charter, “the Boards shall serve staggered terms as255
defined by the Selectman.” He wanted to know if they can be elected on an off year. He feels it256
is hard for a new Board to have to elect other Boards immediately after they are elected. Ms.257
Mackstutis said she thinks this could unravel things like the organizational meeting that is258
coterminous with terms and some are staggered.259
260
There was some discussion on Section 302a as the First Selectman is now called The First only261
in reference to the Charter. Ms. Barnett said the title is still First Selectman, depending on262
whether it is the body or not. It is a legal thing.263
264
Ms. Mackstutis had a question on Section 403c, page 9 on the Grant Authority. She asked if the265
Selectmen may delegate the authority to apply for such grants to the Town Manager. This was266
added. Attorney DeCrescenzo said repeatedly grant applications come up and there is a rush to267
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get the application in. There was no expressed authority to delegate that to the Town Manager in268
the current Charter, so this clarifies that under the criteria the Board has set.269
270
There was some clarification on Union negotiations, including the Board of Finance in Chapter271
502 and 801. Mr. Nelson said the latter one is somewhat questionable. Attorney DeCrescenzo272
said it is a mirror image of what Section 10-153d requires. They can reference g1 in the previous273
section, so it doesn’t need to be done twice. The Board would like g1 revisited.274
275
There was discussion on Section 502a-16, which is new, where the Boards and Commission are276
asked by the Town Manager or shall consult with the chair or the appropriate Board or277
Commission to weigh in on their annual reviews. There were some concerns from Town staff278
about this. Mr. Beal said it goes along with Section 702. He feels this is empowering and279
responsible on both sides. After clarification, the Board will leave this alone.280
281
Ms. Mackstutis said there were only typographical changes in Section 503b.282
283
Ms. Mackstutis wanted to discuss Section 701 again under Department and Administrative284
Offices. The Town Manager does delegate things to the Deputy Town Manager. Ms. Mackstutis285
would like some language added that says the Town Manager has to tell the Board of Selectmen286
of any structural changes. This will be sent back to the Charter Revision Commission for287
Language.288
289
Ms. Mackstutis said Section 901 page 39 seems like it is from the very first Charter. Mr. Looney290
said the Board had asked to remove this before. Therefore, this will go back to the Commission.291
292
After further discussion on different issues, the timeline, and going through the list for the293
Charter to review, Mr. Looney made a motion, effective March 9, 2026, to make the following294
recommendations discussed for changes to the 2025 Charter Revision Commission Draft Report295
subject to final review by members of the Board of Selectmen. Ms. Yeisley seconded the motion.296
All were in favor and the motion passed.297
298
APPOINTMENTS AND RESIGNATIONS299
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a) Resignation from and Appointments to the Fair Rent Commission301
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This item was moved to the Consent Agenda, with our thanks.303
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b) Acknowledge Receipt of a Resignation from the Open Space Committee305
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This item was moved to the Consent Agenda, with our thanks.307
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309
310
311
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APPROVAL OF MINUTES313
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a) February 18, 2026, Special Meeting315
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Mr. Beal made a motion, effective March 9, 2026, to approve the Special Meeting Minutes of317
February 18, 2026, as presented. Ms. Yeisley seconded the motion. All were in favor and the318
motion passed.319
320
b) February 23, 2026 Regular Meeting321
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Ms. Beal made a motion, effective March 9, 2026, to approve the Regular Meeting Minutes of323
February 23, 2026 as presented. Ms. Yeisley seconded the motion. All were in favor and the324
motion passed.325
326
ADJOURN327
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Ms. Yeisley made a motion, effective March 9, 2026, to adjourn the Special Meeting of the329
Board of Selectmen at 9:40 p.m. Mr. Looney seconded the motion. All were in favor and the330
motion passed.331
332
Respectfully submitted,333
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Kathi Radocchio335
Clerk336