Board of Selectmen Meeting March 24, 2014 My Comments

Board of Selectmen Meeting March 24, 2014

At the last meeting I reported my thorough investigation into the alleged illegal use of 33 Canal Street as a medical building and a two family home in an R-15 Zone where State Representative John Hampton resides. First Selectman Mary Glassman forwarded my comments to Town Attorney Decrescenzo for an opinion and as of this date, there has been no response. It appears from town records that State Representative John Hampton’s last tax payment was for a Chevy Lumina for $63.26 in 2011. State Representative John Hampton has been using the Simsbury Library as an office and has used the copy machine on a number of occasions without any payment for his copies? Is State Representative John Hampton exempt from payment for these services?

It appears that Dave Richman owner of 730 Hopmeadow Street continues to be non-compliant with the building and zoning department. He continues to be fined $150 a day from November 21 for the illegal wheelchair ramp in front of the building. When will this issue be resolved?

I recently reported that many organizations have requested gathering permits for town review. This has placed an undue burden on staff.  All gathering permit applications are reviewed by the town at no cost to the applicant. The building department and planning department receive payments for their services, in permit applications and plan review, why can’t a charge for services be applied to applications for gathering permits?  Another fee for service should be applications for signs and banners along with the permit applications.  Simsbury taxpayers should not be expected to subsidize organizations doing business with the town. It’s time to pay for play.

I am very concerned that the State has approved a Medical Marijuana factory in close proximity to an explosive facility. Dyno-Nobel  manufactures  shock tubes with  PETN for blasting , an explosive allegedly  used by terrorists ,  virtually next door to the Medical Marijuana facility. The PETN facility is in close proximity to a new development of high end rental units and upscale housing. In the past there was an explosion from the PETN facility. Has Consumer Protection been told in the application process that the Medical Marijuana facility abuts the manufacturing facility of PETN? Have the residents of the upscale housing community been told that they are living near an explosive facility and a Marijuana factory? In a recent Hartford Courant article it states, “ A spokesperson for the company that will operate the facility Curaleaf, LLC, said the company was aware of the legal issues faced by Daniel Carpenter, a Simsbury resident and chairman of Grist Mill Partners, which owns the building at 100 Grist Mill Road. Carpenter was sentenced last month by federal judge  in Massachusetts  to three years in prison and three years’ supervised release after he was convicted by a jury in 2008 of 19 counts of mail and wire fraud, according to the Massachusetts’ U.S. attorney’s office.”

It is alleged that in the application process for this facility by Curaleaf, Carpenter must vacate the facility prior to final approval. In a rush to be the first Medical Marijuana facility in the State, I am concerned that much of the review process has been fast tracked with little or no oversight, financially benefiting the few at the expense of others. All marijuana facilities are in direct conflict with Federal Law that presently considers marijuana a Schedule 1 narcotic and punishable by imprisonment. As long as this conflict remains everyone in the Marijuana business is breaking the law. Why did Simsbury subject it’s residents to this facility where an underground element could infiltrate the business of marijuana?

At the Town’s direction, the auditing firm of BlumShapiro  was paid $14,000 to strengthen controls of the Student Activities accounts, Simsbury Farms cash procedures, Performing Arts Center cash procedures and Building Department management  to protect the town with cash  chain of control and accountability. They were not requested to audit the cash in each account, just the controls placed on the cash on town transactions. BlumShapiro submitted a 36 page report with their recommendations.  It was noted that at the golf Course there are multiple full time and seasonal employees working the register each day.  On slow days a starter is not present to receive the receipt at the first tee to make sure the golfer paid for play. It appears that with many people collecting cash and lack of controls, money could be missing or not accounted for. According to the report the “Facility Sales Report,” details the number and type of each transaction including cart fees, range fees, complimentary golfers, discount golfers, and season pass golfer.”  Why does the golf course have complimentary golfers?  How many golfers are permitted to play without paying?  There were several recommendations for changes to tighten controls.

BlumShapiro’s review of the Performing Arts brought out the extreme lack of controls in all areas of money management.  It states, BSC (BlumShapiro) notes that the appropriate invoice that may document the number of tickets printed for an event could not be located.”  How can the Performing Arts reconcile their statements when they have no controls? Now that the performing Arts is a private non-profit organization, the Attorney General’s Office would be overseeing their tax returns for compliance.

According the Comprehensive Audit Report , page 38, Deposits, it states, “Deposit Custodial Credit Risk – Custodial Credit Risk is the risk that, in the event of a bank failure, the Town’s deposit will not be returned. The Town does not have a deposit policy for custodial credit risk.” The total amount subject to custodial credit risk is, $15,391,758.  When will the town address this issue?

According to town records the Simsbury Farms Special Revenue Fund shows a deficit of $234,950. It appears that this fund will continue to run deficits. The taxpayers will cover this cost since the money will be coming out the General Fund. Since the Simsbury Farms Revenue Fund  continues to run a deficit, should the taxpayers pay the shortfall year after year?  It was also stated that money set aside for unnegotiated salaries was not placed in the 2014 budget,  another  withdrawal  from the General Fund.  The Finance Board has decided to take $900,000 out of the General Fund to cover expenditures that were omitted in the 2014 budget. I am concerned that accountability from our Administrative staff is lacking causing the taxpayers to pay for the shortfall. The General Fund should not be used as First Selectman Mary Glassman’s piggy bank with off line payments. It is time that the taxpayers demand professional management for Simsbury.

At the last meeting a resident was concerned about the activity underway at the Meadowood site on Hoskins Road. There are huge piles of contaminated soil remaining on the site for months. The roads are sandy from truck activity and rocks on the road are transferred from the trucks.  Will the contaminated soil deposits once again contaminate the soil? Isf this the best practice for removing contaminated soil?