My comments at the Town Meeting on the Amendment to the Eno Farms Land Lease

Ground Lease for Eno Farms Housing

Background:

1. Deed from Amos Eno on November 28, 1882 land deeded for the poor of
   Simsbury
2. An agreement with the Attorney General’s Office, April 29, 1997, that the complex would serve the poor with low and very low income. It states: Notes of the August 12,, 1991 Selectmen’s Meeting state that the initial Ground Lease referred to “low and moderate income families. This language was changed in the December 19, 1991 Amendment of the Ground Lease, which corrected that language to comply with the “very low” and “low income” categories specified by the Attorney General’s Office.
3. The Ground Lease discussing the Town’s role states: The losses of both direct oversight and control are inconsistent with its role as trustee. The losses of both direct oversight and control are not  only problems in light of the fiduciary nature of the town’s role, but also because they violate the deed restrictions prohibiting the Town from contracting out the care of the poor to others.
4. Conclusion – The Town, with the support and encouragement of our Office,.( Attorney General) will need to address in order to bring the structure and administration of the project into compliance with the intent of Amos Eno. (1) the concerns are the income levels of the population served, (2) reorganization of the housing so that the “Town retains the level of oversight and control that it as a trustee needs to ensure that the housing serves the poor and is answerable to the public.

I would like to enter the Attorney General’s findings into the record and have this reviewed before the Amendment to the Ground Lease is approved. There are substantive changes that should be made for compliance with the Amos Eno Deed and the Attorney General’s Office.

 3.1 This document appears to be in conflict with the Eno Trust. The trust states: the town of Simsbury to be used for the occupation, maintenance and support of the town poor of said Town and for no other purposes whatsoever. How can the town lease state, only for residential purposes and only for occupancy by Low and Moderate Income Residents? The ground lease should read for low and very low income families as stated by the Attorney General’s Office in 1989.

All income stated on the form will be subject to third party verification. Who will be the third party and who will be responsible for record keeping and access to budgets?

Where will the reserve account of $1,500 per unit be maintained? Who will be responsible for oversight of this account? According to the Amos Eno Deed and the Attorney General’s Office the Town is responsible for all oversight.

4.1   I would like to have an explanation as to the payment of taxes to the town since this operation is for profit.  Taxes should not be deferred.

4.2    

7. Amendment to the ground lease –  All Ground leases should be assigned with the approval of the taxpayers not the Board of Selectman. How can we have open government and transparency when approximately one hundred forty acres was given to the town, not the board of Selectmen for the poor of Simsbury and this amendment gives the power to the Selectmen? All changes should be approved by the residents of Simsbury. The present approval process should not be changed.

I would like to know if the Housing Court lawsuit against the residents of Eno Farms would change the wording of the Amendment.

Before this amendment is voted upon, I would ask that the Attorney General approve the wording as to compliance of the Eno Trust. It appears from the Attorney General’s opinion on April 29, 1997 the wording of the Amendment to the ground lease is not consistent with the trust.

What are the penalties for non-compliance with the Trust?

There are too many unresolved issues that should be reviewed before these amendments are approved.

I urge this board to reject this  amendment to the ground lease so there is time to comply with the Attorney General’s Office. I will be voting against the lease.