Board of Selectmen Meeting January 22, 2018

Board of Selectmen Meeting January 22, 2018

While reviewing the Simsbury Performing Arts Center (SPAC) contract with the Town to defend my complaint against Dave Ryan, President of the SPAC, that the SPAC is a public agency, there were four criteria that I had to prove. 1) whether the entity performs a governmental function 2) the level of government funding 3) the extent of government involvement or regulation and 4) whether the entity was created by government.

After a hearing with the Freedom of Information Hearing Officer and the full Commission, the FOI Commission concluded that the SPAC was created by government and receives some government funding. The Commission also concluded that the SPAC does not perform a governmental function and is not “SIGNIFICANTLY” regulated by government.

According to the contract between the Town and the SPAC, there are many areas that give the Town and the Board of Selectmen oversight over the management. . The Town has elected to have no oversight over the SPAC by creating a document that is a “paper tiger.”

The contract states that the Town gives the SPAC the use of the land, garage and office rent free on Iron Horse Boulevard. The SPAC has the use of the area for entertainment from March 1 to November 1. The use of the Office and Garage is rent free for 12 months.

Why should residents and businesses have to endure challenges to parking and traffic along with tailgating, pot smoking and noise pollution during the concerts without any revenues derived from the SPAC’s entertainment venue?

The SPAC is required to give the Town a Mission Statement to be approved and reviewed by the Board of Selectmen. Has the Board of Selectmen reviewed and approved the Mission Statement? Has the SPAC directly contributed to any charities, required by their 501 c (3)?

The SPAC uses the Recreation Department staff during working hours and beyond to maintain and repair the SPAC’s equipment at a nominal fee. Why has the Town allowed the SPAC to enjoy benefits that any other private organization or taxpayer could not derive from this agreement?

Since the Town appoints members to the SPAC Board, why hasn’t the Town asked to review the minutes of the meetings?

The SPAC is required to provide an audit report to the Town that is given to the Finance Director. Has anyone reviewed this document for accuracy?

The Town has the ability to question whether the SPAC is providing events to the public at reasonable costs. Has the cost structure for events been reviewed?

Why is the Town’s Attorney Bob DeCresenzo the agent for the SPAC if they are a private organization?

During the proceedings at the hearing before the FOI Commission, they were puzzled that the contract between the SPAC and the Town, with all the oversight given to them through the contract were never implemented or questioned by the Town. If the Town had assumed their oversight responsibilities and governed appropriately, the decision would have been reversed.

The SPAC has hired a professional full time paid manager who will assume the position held by Tom Vincent.

The Town and the Board of Selectmen have an opportunity to assume their responsibilities of oversight to make sure the residents and businesses are not impacted with events. With a new manager of the SPAC and the retirement of Gerry Toner, Director of Culture, Parks and Recreation Department, the Town should guide the transition for the benefit of the residents.

As a result of the continual outbursts of the Director of Planning and Community Development, Jamie Rabbitt, I have filed a Freedom of Information request to access to all electronic communications to and from private and public equipment received and transmitted to and from Jamie Rabbitt or family from his consulting employment at Sterling CT, Pomfret CT and Lisbon CT from November 23, 2015 to the present.

Jamie Rabbitt, as a condition of employment advised the Town and was given permission to continue his consulting with Sterling CT and Pomfret CT provided that this does not conflict with his employment with the Town. Jamie Rabbitt was on the staff of Lisbon CT. Lisbon CT was not included in his condition of employment although he was noted on the Lisbon CT Plan of Development, 2016.

Simsbury is witnessing a significant change in management. The Town will have a professional Town Manager. The Chief of Police is retiring, the Finance Director will be leaving and the Recreation Director will be retiring.

To lower costs, the Town should review the redundancies between the Recreation Department and Public Works.

Outsourcing the Golf Course would reduce expenditures.

The Finance Director position and the Business Manager of the Board of Education should be merged into one position with a reduction of costs.

All these challenges should be used to benefit the residents of Simsbury.