Simsbury Board of Selectmen October 16, 2024

Board of Selectmen Meeting October 16, 2024

It is very disappointing to see that Town Manager Marc Nelson has reduced the rule of law to public disgrace.

Town Manager Marc Nelson removed a legal document, requiring the public audience settlement to be affixed to the wall of the Main Meeting Room that was there for decades.

Although Town Manager Marc Nelson, when questioned, said that the paper legal document was not appropriate but a paper document of the Rules of Procedure was now affixed in its place.

Anyone regulating free speech should not hold public office.

After much discussion with Town Manager Marc Nelson on the optics of removing the document, Marc Nelson has placed the negotiated settlement to it’s proper place on the wall of the Main Meeting Room.

It appears that Town Manager Marc Nelson is a reasonable person.

Tom Roy made a presentation at the May 13, 2024 Board of Selectmen meeting stating that the Town published an RFP for the management of the Town Farm that was vacant.

As a result of the RFP, Tom Roy, Public Works Director, contacted Holcomb Farms in Granby and was told that Farms need a hook to sustain their farming with additional income.

The hook is applicable to a private farm, but not the one owned by the Town, under the Amos Eno Deed.

As a result of Town Roy’s conversation, a lease agreement was signed with Chris Latz and Flamig Farm Earth Products.

The Town signed a lease with Chris Latz and Flamig Farm Earth Products to manage and maintain the Eno Farms Town Farm and provide composting and recycling Town products on the property.

A Lease Agreement with Flamig Farm Earth Products states” Lessee shall use and occupy the Leased Premises to engage in farming, community, educational and charitable activities in accordance with that certain wood waste compost and recycling to engage in agricultural activities in general, including the cultivation of fruits, vegetables, flowers and field crops; engage in the public retail sale of products directly.

Permitted Use of the Land shall include periodic public and private events, provided the proceeds of such events are used to support the programs and activities of Lessee, and further that such events comply with all applicable zoning

requirements.”

According to the State of Connecticut definition of farming, it appears that the Recycling component is inconsistent with the definition of farming since the products for recycling comes from outside the farm.

This operation requires DEEP permits that have not been issued.

In 1882 Amo Eno Deeded to the town about 140 acres of land and buildings for the Town poor for $1.00

Amos Eno Deeded to the Town properties for the maintenance and management of the acreage that is for the “poor of Simsbury,”

The Town was to be the steward of the land and assume the fiduciary responsibilities under the umbrella of the Attorney General’s Office, Charities Division.

The Statute of Charitable Uses, Conn. Gen. Stat. §47-2, requires that the donor’s purposes to be carried out and to no other use.

Originally the Charities Division of the Attorney Generals Office was in contact with the Town daily to ensure the adherence to the Eno Deed.

The Charities Division over the years has abdicated its responsibilities of oversight, allowing the Town to violate the legal stipulations of the Eno Deed.

The Town has not been able to manage the functioning of the Town Farm.

Allowing outside organizations to manage a working farm is in violation of the Eno Trust.

Over the years there has been rampant mismanagement with a lawsuit for selling contaminated raw milk.

Gifts of Love management of the farm has led to neglect, abandoning the property.

Gifts of Love management of the farm was in violation of the Eno Trust.

Town Attorney Bob DeCrescenzo has not thoroughly reviewed the lease agreement with Flamig Farm Earth Products for compliance with the Eno Deed in a written statement thereby neglecting his duties to give the town legal advice for compliance.

The Town should review the lease agreement with Flamig Farm Earth Products for compliance and entertain some dialog with the Charities Division of the Attorney General’s Office for repurposing the land to comply with the Amos Eno Deed.

On September 18, 2024 the Zoning Commission held a hearing on a text amendment to allow Flamig Farm to operate on the Town Farm.

Many people spoke against the amendment that was in violation of the Eno Trust, but the text amendment was passed by the Zoning Commission under the guidance of Town Planner, George McGregor.