TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page1 April 2, 2001
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Lassman Fisher (Arriv. 8:10 p.m.)
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
The Meeting was called to order by Deputy Mayor Havens at 8:00 p.m.
ITEM:
5. Public Input
Marge Anthony came before Council to report on the recent St. Patrick’s Day Parade in Hartford, and on South Windsor’s participation in it. She publicly thanked “all the young people who held the banner; participating Town Officials, South Windsor’s Volunteer Fire Department, Police Honor Guard; busload of Senior Citizens; and, in particular, Laidlaw Bus Company for providing four (4) buses to transport the young people—140 of which participated in the Parade.
Mrs. Anthony then reported on the Winners among the school band participants; and used this time to publicly thank Timothy Edwards Middle School Band for its strong showing and participating.
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6. Environmental Health & Safety Message
Councillor Pelkey brought up the subject of “littering” the streets. Stating that as a Cub Scout project, his seven-year-old son year and fellow Scouts set about cleaning up Peterson Way—and, as a consequence, he was asked by his son why people threw trash out of car windows. Councillor Pelkey felt this was a question that all should think about.
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of February 20, 2001; Work Session of March 12, 2001, and March 19, 2001.
8. Public Petitions - None
9. Communications from Officers and boards Directly Responsible to the Council - None
10. Communications and Reports from Town Manager
Mr. Galligan reported that tonight’s Agenda includes a request for an additional $9,410 to be approved from LoCIP funding to cover an “overrun” on the fuel tank removal at the Town Garage.
Also before the Council this evening, he said, was the Parks & Recreation Master Plan. The Town Manager said he did go through it and, once again, there are cost items including “paving” for schools for about $813,000. That number, he said, is a duplicate because it is already covered in the Town’s Capital Plan.
The Town Manager pointed out that there has been provided for this evening’s meeting a “line by line” budget for the construction of the Rotary Press Box; where the donations are coming from to pay for it; and who is paying for what. Before funds are released by the Council as the Town’s contribution toward this project, it will receive a report by Mr. Craig Zimmerman.
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10. (Continued)
Mr. Galligan said that there was a balance in the Capital and Non-Recurring Expenditures Account of about $29,000 (more or less)—an account, noted in previous meeting’s Minutes, as the one from which to take the Town’s contribution funds for the Press Box. A Public Hearing is required, however, if monies are to be taken out of this Account.
Reporting on the progress of the waterline extension on Barber Hill Road, Mr. Galligan said it was moving along; and, he believed the Town, as of last week, had received the “O.K.” from the Bond Commission for $30,000 for the repayment to Fuss & O’Neill to finish the study. Also, he said he understood that as of the end of this month, the waterline costs for the entire project will be before the Bond Commission; and he hoped that sometime in May those funds would be available. Bid specifications are being prepared.
The Town Manager then updated the Council on the status of the upcoming State Budget. It was his understanding that the State Legislators are still looking at the Governor’s proposal where there is some reduction in the Pequot Grant monies; and there are some changes in the ECS monies—some Towns, he said, “get hurt; some don’t.”
Continuing, Mr. Galligan said it was his understanding that the State Budget will not be approved, by the Governor and the State Legislators, until about June 6. Therefore, he said, the Town’s Budget has to be set, at the latest, by May 15—and it is currently on the Budget Calendar for approval on April 30, 2001. He said CCM (Connecticut Conference of Municipalities) is recommending that municipalities create a “contingency budget” within their budgets (”putting in so many expenditures, setting it off with revenues, and then if it doesn’t work you just cut down). Some communities are not doing this at all, he added..
The Town Manager said he and the Superintendent of Schools had met today regarding the Health Insurance issue; and, he reported, they would be making some changes. Regarding the upcoming Budget, Mr. Galligan said that the Board of Education was looking for a figure from the Council before they went to Public Hearing on their budget this Wednesday.
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10. (Continued)
Mr. Galligan concluded his report; and asked for questions from the Council.
Mr. Delnicki, referring to the Barber Hill Road waterline extension, said he believed there were three (3) residents who would not be helped by this waterline. Mr. Galligan replied that it was actually two (2) houses; and that the Department of Environmental Protection has said that State law is quite explicit—if it doesn’t make economic sense, they then look at a waterline versus a filtering system.
The Town Manager said the Town couldn’t “get them to budge.” However, comparing it economically, Mr. Galligan said that to maintain the filtering system it would cost at least $1,000 per year for maintenance. DEP, however, had only put in $50,000 for the filter maintenance in these two houses. To run a waterline to these two houses, he continued, would cost about $200,000; however, DEP had candidly admitted that “we’re in for $50,000 (filters); if you want to put a line in than the cost to you will be $150,000.”
Although Senator LeBeau and Representative Kerensky have interceded for those two houses, according to Mr. Galligan the Department of Environmental Protection remains adamant. He felt that the waterline was a permanent 99 year solution; and that if DEP, as he had recommended, looked at filtering for 20 years, the cost would be the same as putting in the waterline.
Deputy Mayor Havens said he had spoken with Mr. Dzen, the homeowner in one of those homes, who had told the Deputy Mayor that he had received a quote from a local contractor of $50,000 to bring the line to those last two homes.
Continuing, Deputy Mayor Havens stated that he felt it was “unfair” to exclude that piece of property. He noted that it was his feelings that this property is no longer sellable; and he, again, requested that the Town investigate the quote received from the local contractor.
On another matter, Deputy Mayor Havens reminded Council how “invisible” the “Welcome to South Windsor” sign is over by the South Windsor Community House. He asked that someone approach Wapping Community Church to see if the signed could be moved to their stone wall.
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11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Mayor Lassman Fisher reported that there would be a “Walk for Life” held in South Windsor on June 15 and 16. She said anyone interested in participating in a walking relay team, it would be a 24-hour walk around the South Windsor High School track, and you would need about 10 people. The purpose of the walk is to raise money for cancer research, according to the Mayor; and she reminded those listening that, last year, $160,000 was raised by the group.
14. Public Participation
Craig Zimmerman, 5A Amato Drive, took this opportunity to come before Council to update everyone of the Rotary Field Project. He said that there have been about 90 individuals and local businesses that, so far, have made donations—the biggest donations being from the Town, and the South Windsor Rotary Club. (Mr. Zimmerman then handed out a data sheet on the Rotary Field Expansion Project, a copy of which is attached as Exhibit C.
Referring to that data sheet, Mr. Zimmerman said the only item he wished to specifically point out was the fact that the project had grown to a cost of $159,075—where, originally, it was estimated to be $75,000. He referred to the $76,119.00 in donations by local businesses; and said that, were it not for those donations, the fund drive would probably be going on for another couple years.
Mr. Zimmerman then asked Donald Childree, 44 Charing Road, and general contractor for the project to come forward to explain, in detail, the timeframes set for each step of the project; and to answer Council’s questions regarding the project.
One of the concerns expressed by Mayor Lassman Fisher was the one associated with “stopping the job” if, in fact, one of the “contributing contractors” did not meet the Town’s specifications. She felt it was essential that each contractor—even though they were donating their work—was fully aware of what is required by the Town when working on a project of this nature.
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14. (Continued)
Mr. Childree assured the Mayor that all of the contractors were licensed to work in South Windsor, and were aware of what was required of them.
Deputy Mayor Havens pointed out that the “budget” presented for the project was pretty exact and left no room for error—he felt that some “contingency” should have been built into the budget.
Mayor Lassman Fisher then asked who was the general contractor for this project; and who was responsible in the event that something goes wrong. Mr. Childree said he was the applicant and the General Contractor. Atty. Guliano said it could be set up different ways; and, clearly, in terms of any regulatory approvals or permits that are needed, the Town is the property-owner so would have to be involved to some degree. However, according to the Town Attorney, in terms of whether the construction is done in the Town’s name, or done in someone else’s name—he asked what what the Mayor’s pleasure.
Mayor Lassman Fisher said she wanted to make certain that if someone is injured on the site (and these are volunteers) that this is covered, that the Town doesn’t have any exposure. The Mayor wanted to make certain that all the contractors—whether volunteer or otherwise—had their insurance in full force, etc. She asked the Town Attorney to work with Mr. Childree to make certain that this was totally in place.
Again, the Mayor asked who the Applicant was for this project. Town Manager Galligan responded that the Town Council had asked him to go to Planning and Zoning with this project—therefore, the Town was the applicant; and, to date, has spent approximately $2,500 in filing fees and site plan work. Mr. Galligan assured the Council that since the Town had hired Design Professionals to do the site work to make certain it was done to Town specifications; and also had the architect make a presentation to assure that this building matched the Community Center, etc.
The Town Manager agreed, however, that the Town Attorney should obtain some form of guarantee that the individual contractors are responsible for their own people. He felt it was definitely an issue—making certain who was insuring whom. Mr. Childree said he would be obtaining Insurance Certificates from all the contractors on the job—he added that this was “standard practice.”
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14. (Continued)
Councillor Streeter complimented Craig Zimmerman on the job he had done raising the money for this project. He asked the Town Attorney if it might be possible to go ahead with the Public Hearing required for use of monies being held in the Capital and Non-Recurring Expenditure Account at the Council’s next meeting. He also mentioned that the Town is usually “tax exempt” and would that no apply to this project.
Atty. Guliano replied that this is a unique situation—that it is not a 100% Town project. Mr. Streeter again asked that this be placed on the next Town Council Agenda.
Councillor Aman agreed with Mr. Childree on the character and trustworthiness of the contractors donating their work and time. He also complimented and thanked Mr. Childree for taking on the job of “General Contractor,” and felt he should have listed “very large” contribution in terms of what it could have cost the Town for a general contractor on this project had Mr. Childree not volunteered.
In terms of the Public Hearing, Mayor Lassman Fisher suggested that next week’s Budget Work Session be changed to a “Special Meeting” in order to accommodate a Public Hearing Notice. Atty. Guliano said this would be permissible.
Don Childree asked if the project could be started without the Town’s donation (thus before the Public Hearing and Resolution). Mr. Zimmerman pointed out the field is presently not in use because of the ending Winter season; and the High School’s first home game on that field is not scheduled until April 16.
Atty. Guliano felt that a permit to proceed could be obtained as long as it was done on the condition that the $25,000 from the Town is not a guarantee until the Public Hearing, and the subsequent vote.
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14. (Continued)
with w
Councillor Pelkey, remembering the evening Council voted on the Town’s financial participation in this project contingent upon 75% of the funds having been acquired first, said he seemed to recall that he had remarked that once he said “yes” that he would not be changing his mind, or his vote. He thought what should be under consideration this evening was the “timeframe” associated with this project; and the only exposure they would be subject to if the Council changed its mind on the Town’s contribution would be that they should be “stuck” with raising another $25,000.
Atty. Guliano, after just having read the prior Resolution approved by the Council in June of 2000, gave the opinion that the Council has committed to the money; and the only reason for a Public Hearing is to establish what fund it will be coming out of.
Based on this, Atty. Guliano felt that Mr. Zimmerman and Mr. Childree can go forward with the project knowing that they have the Town’s $25,000.
The Mayor then asked, specifically, of the Town Attorney if it was his opinion that the conditions of the Resolution have been met and that the Council is authorized to clear the money? Mr. Galligan answered that the condition they have met is that they have acquired at least 75% of the amount needed for the construction of the facility from sources other than the Town.
The Mayor then asked the Town Manager if it was his opinion, and the staff’s opinion, that this project can be done for the amounts set forth within the financial report presented to Council this evening (Exhibit C)? Mr. Galligan said that after Town Engineer Jerry Iazzetta had arrived at his figures, they were compared with the figures provided by Mr. Childree—and, in general, line by line the Town was “pretty much in sync with what is going on.”
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14. (Continued)
Again, the Mayor asked if the staff is satisfied that this project can be done for $160,000. Mr. Galligan replied that this was so. The Mayor then asked the Town Manager if he was satisfied that the “in kind” donations were in place; and that the commitment was for “what’s put before us?”
Speaking of what remained to be done before the “first shovel was put in the ground” for this project, the Town Manager said can commence, Town staff will sit down with these “donating” contractors in a pre-construction meetings as is always required by Planning and Zoning to go over the site plan (already in their possession) and to finalize the plans for this project. Three meetings have already been held, according to Mr. Galligan; however, there will probably be one more meeting with the individual contractors prior to the initiation of construction.
Mayor Lassman Fisher then asked for a consensus from the Council about going ahead with the project. There seemed to be general agreement that the project should commence; and, the required Public Hearing for release of the Town’s contribution from Capital and Non-Recurring Expenditure Fund should be advertised.
Mr. Karl Reichle, Superintendent of Parks and Grounds, came forward to apprize the Council of the High School’s baseball schedule for that field. He said the first game in that field is scheduled for April 16. All the work on this project at that site, he assured Council, is “outside of the playing surface; and will not affect the player on the field itself.”
When asking for assurances that even the parameter of the field will be “safe” for spectators, the Mayor was told by Mr. Reichle said that “the Construction Manager, Don Childree, will insure the safety of the project.”
Mr. Craig Zimmerman said that he and Mr. Childree had met with the High School Varsity Coach two weeks ago and walked him through where the buildings are going to be, and spoke to him about the timing of the project.
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14. (Continued)
The only item remaining in question, according to Mr. Galligan, is the “issue of stairs.” Referring to Town Council Minutes of April 17, 2000, the Town Manager said these indicated that the stairs were to be made part of the project but questioned who was going to pay for the stairs. The original estimate for construction of these stairs, he said, was $27,000. However, in the Town’s Capital Plan it had been included at a cost of $10,000 to $12,000 at one time; and these stairs are also included in the Parks and Recreation Master Plan.
Mr. Galligan questioned whether the Town Council wished this cost to be a part of the project’s budget or if it should be paid for by the Town. The referenced “Minutes” of April 17, according to the Town Manager, showed that the Mayor had asked Mr. Zimmerman that consideration be given to a better walkway to the field as part of the plan. After reading excerpts from those Minutes, the Town Manager concluded that who was to build this staircase was “still out there in limbo.”
Mr. Galligan said he would like a decision on this—whether the Town is funding a portion of these stairs, or it is not. He said that he had told Mr. Zimmerman that his interpretation of the Minutes was that they (the developers) were “on the hook for that;” however, after reading other Council Minutes he felt that nothing had been resolved.
Mr. Galligan pointed out that the stairs were an issue for those volunteers coordinating this project; and that Town Engineer Jerry Iazzetta had broken this out of the project to determine its cost. There are a set of stairs in the site work, he said, that are costed at $27,000; however, some of that cost is for walkway work and other work. Mr. Iazzetta had determined that the cost for the stairs would be approximately $12,320. Mr. Galligan felt that this was an issue he had to get resolved one way or another.
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14. (Continued)
Mayor Lassman Fisher asked Mr. Galligan if the stairs were part of the submitted plans, or were they not. Mr. Galligan asked the Director of Public Work, Michael Gantick, if they were a part of the plans. Mr. Gantick replied they were; however, Mr. Childree and Mr. Zimmerman reminded everyone that these were new plans, and not the original plans they had submitted. On the original site plans coming from their group, according to Mr. Childree, no stairs were included. Again, according to Mr. Childree, the plans they were presently looking at were very recent plans that he had just received.
Mr. Galligan added that these site plans included the stairs because the Town Engineer felt that they should be made a part of this project. When asked by the Mayor if the original plans submitted to the Planning and Zoning Commission for their review included the stairs, Mr. Galligan replied that they had not.
Mr. Zimmerman said that they were under the impression that the stairs were a separate issue the responsibility for which bounced back and forth between the developers and the Town for some time. He commented, however, that the developers had been left with a pretty clear feeling that the Town was going to do the work; and only recently learned that they (the developers) were now responsible for them.
This fact, according to Mr. Zimmerman, has pretty much put a “crimp in their plans,” and they would have been much further along with the project were it not for this additional expense.
Mr. Galligan said it was he who had brought this us because of what he had read in the Town Council Minutes on this subject.
Deputy Mayor Havens asked if the issue of the stairs had to be resolved this evening before the contractors could start the project. Mr. Galligan felt they could commence with the project; however, the added expense might mean they could not include one of their own segments of the project (such as dugouts, etc.) because of this added expense.
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14. (Continued)
Mr. Galligan mentioned that the Capital and Non-Recurring Expenditure Account has about $29,000 to $30,000 in it. He suggested that Council might wish to consider contributing all of that fund, rather than just the originally committed $25,000 in order to assist in the expense of the stairs.
Deputy Mayor Havens asked if it were not possible for the contractors to do some “additional soliciting” for those extra funds. Mr. Zimmerman said he felt that this was the reason for the “project deficit” of $8,000 to $9,000 shown on their data sheet.
Again, Deputy Mayor Havens asked how this was going to be resolved this evening. Mr. Galligan again said they could, presently, go ahead; however, this was something he had not budgeted for.
Mayor Lassman Fisher asked if the Town was requiring that these stairs be put in. The response from the Town Manager, Mr. Zimmerman, and Mr. Childree was “Yes,” it was being required—they were not an option. Mr. Galligan agreed; and said the Town has told the developer it is not an option—that the stairs should be installed in order to complete the job.
Deputy Mayor Havens said that his recommendation would be that the Town “split the cost (of the stairs) with them.”
Councillor Aman, (noting, in advance, that it would take a unanimous agreement of the Council) said he would be making a Motion to Amend the Agenda this evening to add a Resolution 17. G for the purpose of discussing having a Public Hearing on April 16, at 7:15 p.m., for the purpose of transferring $29,800 from Capital and Non-Recurring Expenditures Account to this particular project.
Councillor Aman then made this Motion, which was seconded by Councillor Pelkey.
Mayor Lassman Fisher then asked the Town Attorney if this was proper procedure. Atty. Guliano responded that first there should be a discussion and then a vote on Suspending the Rules.
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14. (Continued)
The Mayor then asked if there was any discussion regarding Suspending the Rules. There was none. The Mayor then called for a vote to Suspend the Rules. It was approved, unanimously. (It was agreed that the Motion to add Resolution 17. S. to this evening’s Agenda would be made and addressed at the end of the Regular Agenda in order to give the Town Attorney sufficient time to “draft” this Resolution.
The Mayor then extended her thanks, and that of the Council, to Messrs. Zimmerman and Childree for coming forward this evening to discuss this project, and thanked them, too, for the contribution to the Town.
Next to speak was Mr. Roy Normen, Homestead Drive, who referred to tonight’s Resolution 17. O., regarding granting an Easement across the Town-owned “Mitchell Property.” He said he was disappointed to read that, as part of the Easement, the Town was agreeing that a transfer of 12.6 acres would be subject to the State’s Open Space Acquisition Grant Program.
Continuing, Mr. Normen said he was bringing this up now so that the Council could give it some thought during the meeting. He, however, felt that this would be unreasonable on the State’s part to require their restrictions on 11.75 acres for “less than a half-acre Easement,” particularly when granting such an Easement was of benefit to the Town and to open space.
Mr. Normen said he hoped the Council would amend Resolution 17. O. and state that the Council believes it is unreasonable for the State to require the 11.75 acres to be subject to the State Open Space Program restrictions.
Next to speak was former Mayor Linc Streeter, 64 Bramblebrae, who said he wished to express his feelings regarding the proposed “stairs” at Rotary Field. He said he understood that there was an injury, and even perhaps a lawsuit, by someone because of the “grade” of that grassed hill at Rotary Field. It was Mr. Streeter’s opinion that, even if the proposed Press Box was not built, the Town of South Windsor was, and is, obligated to put stairs at this location.
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14. (Continued)
Mr. Streeter said he did not know why Council was “putting it on the shoulders” of the Rotary Press Box Committee to go out there and raise more funds. He felt it did not make sense—that stairs are needed there. He recalled that when he was on the Town Council, and plans for that ballfield were looked at, it showed stairs at that location—it just never happened. He asked the Town Council to reconsider its decision to require the committee to come up with the extra money—particularly since he felt “it was not easy to raise funds out there time and time again particularly from the same people.”
15. Consent Agenda
Motion to accept Agenda Items 16. A., and 17. A. through K. as the Consent Agenda.
Was made by: Councillors Delnicki and Fine
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
16. Unfinished Business
*A. Reappointment of Carol Heffler (R) to the Inland-Wetland Agency
(Councillor Delnicki)
BE IT RESOLVED that the South Windsor Town Council reappoints Carol Heffler to the Inland-Wetlands Agency for a term ending December 1, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
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17. New Business
*A. Reappointment of David Patria (D) to Building Code Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints David Patria to the Building Code Board of Appeals for a term ending January 1, 2005, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*B. Reappointment of Clifford Slicer (D) to the Building Code Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Clifford Slicer to the Building Code Board of Appeals for a term ending January 1, 2006, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*C. Reappointment of Robert LaRochelle (D) to the Drug & Alcohol Abuse Prevention Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Robert LaRochelle to the Drug & Alcohol Abuse Prevention Commission for a term ending September 1, 2002, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*D. Reappointment of Judith Paquin (D) to the Drug & Alcohol Abuse Prevention Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Judith Paquin to the Drug & Alcohol Abuse Prevention Commission for a term ending September 1, 2002, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
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17. New Business – (Continued)
*E. Reappointment of M. Terri Kyc to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints M. Terri Kyc to the Economic Development Commission for a term ending November 30, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*F. Appointment of Myrna Symes (D) to the Human Relations Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Myrna Symes to the Human Relations Commission for a term ending November 30, 2003, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*G. Reappointment of Audrey Wasik (D) to the Inland-Wetlands Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Audrey Wasik to the Inland-Wetlands Agency for a term ending December 1, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*H. Reappointment of Elizabeth Pendleton (D) to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Elizabeth Pendleton to the Patriotic Commission for a term ending August 31, 2003, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
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17. New Business (Continued)
*I. Reappointment of James Throwe (D) to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints James Throwe to the Patriotic Commission for a term ending August 31, 2003, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*J. Reappointment of Nancy Simonds (D) to the Personnel Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Nancy Simonds to the Personnel Board of Appeals for a term ending November 30, 2003, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*K. Resolution Approving a Tax Refund to Five (5) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to Five (5) South Windsor taxpayers, the total of said refunds being $890.66, and as listed on attached Exhibit A.
(APPROVED BY CONSENT AGENDA)
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17. New Business (Continued)
L. Resolution Setting a Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2001/2002
BE IT RESOLVED that the South Windsor Town Council sets Monday, April 16, 2001, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor as the time and place for a Public Hearing to receive citizen input on the Proposed General Government Budget for Fiscal Year 2001/2002.
Was made by: Deputy Mayor Havens
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
M. Resolution Adopting the Open Space Task Force’s Open Space Master Plan
WHEREAS, the Open Space Task Force has been charged by the Town Council with the task of preparing an Open Space Master Plan for the town; and
WHEREAS, the Open Space Task Force has prepared such a Master Plan; and
WHEREAS, the Open Space Master Plan includes goals and objectives for conservation/preservation of open space in South Windsor
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the Task Force’s Open Space Master Plan as the official open space plan for the Town of South Windsor.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
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17. M. (Continued)
Before a vote was could be called for, Councillor Aman moved to amend the Resolution by adding the following as the fourth paragraph:
WHEREAS, the Town Council wishes to add the condition that the Town will not pursue the purchase of property in the Master Plan unless the property-owner has voluntarily demonstrated his intent that the property become part of the Open Space Program, except for situations meeting the requirements of eminent domain taking.”
And the last paragraph should now read:
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the Task Force’s Open Space Master Plan as the official open space plan for the Town of South Windsor, with the condition that the Town will not pursue the purchase of any property in the Master Plan unless the property-owner has voluntarily demonstrated his intent that the property become part of the Open Space Program, except for situations meeting the requirements of eminent domain taking.
The Amendment was seconded by Councillor Delnicki and approved, unanimously.
Mayor Lassman Fisher then called for a vote on the Amended Resolution. The Amended Resolution was approved, unanimously.
The Mayor then took the time to congratulate and thank the Open Space Task Force for its successful undertaking of this Master Plan, and all the hard work involved by those members. Also, Roy Normen, Homestead Drive, and a Member of the Task Force came forward to express his appreciation and that of the Force’s of the efforts and expertise provided by Town staff—particularly Town Planner Marcia Banach.
N. Resolution Adopting the Final Draft of the Master Plan of Development for Parks & Recreation, Dated March, 2001.
WHEREAS, the South Windsor Town Council recognized the need to address the growth of the town and the impact on its recreational facilities and the need to update its current plan of development produced in 1963; and
(Resolution Continued on Next Page)
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17. N. (Continued)
WHEREAS, the South Windsor Park and Recreation Commission has been charged by the South Windsor Town Council to prepare a new long-term Master Plan of Development for Park and Recreation facilities, which Master Plan has been completed; and
WHEREAS, citizen input and feedback was a critical element in assessing the needs of the community and in the development of the Master Plan; and
WHEREAS, the Master Plan is designed as a comprehensive dynamic document and work-in-progress to guide the best and most efficient development of South Windsor’s Park and Recreation infrastructure now and in the future
NOW, THEREFORE BE IT RESOLVED that the South Windsor Town Council accepts and adopts the final draft of the Master Plan of Development for Parks & Recreation, dated March, 2001, and
BE IT FURTHER RESOLVED that the South Windsor Town Council recognizes the need to move forward with the implementation phase of the plan.
Was made by: Councillor Williams
Seconded by: Councillor Pelkey
Councillor Williams, stating that she is Council liaison to the Park and Recreation Commission, wanted to point out to those listening that this Commission “is a group of dedicated individuals who have put endless hours into developing this Plan.” She said she felt it was a “great job;” and offered Director of Recreation Ray Favreau, and the Park and Recreation Commission her thanks and praise for a job well done.
Councillor Delnicki also commended the work done on this Master Plan by the Commission. However, he continued, as liaison to SWALPAC he wished to reiterate some of the concerns expressed about the Plan, particularly the loss of agricultural use of some of the “Priest Property.” The feeling he said he received from SWALPAC is that they hope that before the Priest Property is touched, Lawrence Road, Rye Street Park, and the Barton Property will be developed to their fullest extent.
MINUTES
Regular Meeting – Town Council
Page 21
April 2, 2001
17. O. (Continued)
Seconding Councillor Delnicki’s assessment of SWALPAC’s concerns with regard to the Priest Property, SWALPAC’s Chairperson, Betty Warren, came forward to remind Council of Memoranda they had received in the past from SWALPAC enumerating their concerns. It is SWALPAC’s hope, she said, as this Master Plan moves forward Council will consider that there are alternatives.
The Motion was: Approved, unanimously
O. Resolution Granting Access Easement over Portion of Mitchell Property to Sullivan Town Homes, L.L.C. in Exchange for Conveyance of 12.6 Acres of Open Space Contiguous to Mitchell Property
WHEREAS, the Town of South Windsor purchased the Mitchell property on Sullivan Avenue with a combination of Town funds and State funds to be acquired as part of an Open Space Acquisition Grant from the State; and
WHEREAS, Sullivan Town Homes, L.L.C. has requested an easement over a small portion of the Mitchell property (approximately 0.48 acres) to be used as an access to their property in common with the public access to the Mitchell property (see Draft Easement attached hereto as Exhibit A); and
WHEREAS, Sullivan Town Homes, L.L.C. would agree to convey to the Town, in exchange for said easement, 12.6 acres of additional open space which is contiguous to the Mitchell property to the North and West; and
WHEREAS, the Town of South Windsor would agree to subject 11.75 acres of the 12.6 acre parcel to the restrictions of the State Open Space Acquisition Grant Program in exchange for being allowed by the State to grant the access easement requested over the 0.48 acre portion of the Mitchell property, leaving 0.85 acres of open space running along West Road which could be used by the Town in the future to straighten West Road; and
(Resolution Continued on Next Page)
MINUTES
Regular Meeting – Town Council
Page 22
April 2, 2001
17. O. (Continued)
WHEREAS, representatives of the State Grant Program have orally agreed that this transaction would not affect the amount of reimbursement funds to which the Town is entitled for the original purchase of the Mitchell property and have agreed to provide written verification of this fact; and
WHEREAS, the Town’s Open Space Task Force has strongly recommended that the Town grant the requested easement in exchange for the acquisition of the additional open space; and
WHEREAS, the developer would need a zone change of the easement area to MF-AA in order to use it as an access to his development, so the Town would agree to allow the developer to apply for such a zone change of the easement area.
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized, with the assistance of the Town Attorney, to execute an easement similar to the draft easement attached hereto as Exhibit B in favor of Sullivan Town Homes, L.L.C. after the following conditions have been met:
The approvals of all appropriate Town agencies, boards and commissions have been obtained by the developer for the planned development showing access to the property by means of the easement.
The Town receives written verification from the State Department of Environmental Protection that the transaction being contemplated will have no impact on the Town’s entitlement to reimbursement funds for purchase of the Mitchell property, or upon potential funding in the future.
Sullivan Town Homes, L.L.C. conveys the 12.6 acre parcel contiguous to the Mitchell property to the Town of South Windsor, with 11.75 acres to be part of the State open space program along with the remainder of the Mitchell property, and the balance of 0.85 acres to be part of the Town’s open space program.
(Resolution Continued on Next Page)
MINUTES
Regular Meeting – Town Council
Page 23
April 2, 2001
17. O. (Continued)
The Town would agree to allow Sullivan Town Homes, L.L.C. to apply for a zone change to MF-AA with respect to the easement area.
Was made by: Councillor Streeter
Seconded by: Councillor Pelkey
Before a vote could be called for, Councillor Pelkey moved to amend the Resolution in paragraphs 2, 3, and 12, as follows:
WHEREAS, Sullivan Town Homes, L.L.C. has requested an easement over a small portion of the Mitchell property (approximately 0.48 acres) to be used as an access to their property in common with the public access to the Mitchell property in order to save the red barn on the property (see Draft Easement attached hereto as Exhibit B); and
WHEREAS, Sullivan Town Homes, L.L.C. would agree to convey to the Town, in exchange for said easement, 12.6 acres of additional open space which is contiguous to the Mitchell property to the North and West and would agree not to take down the red barn on the property; and
The Town would agree to allow Sullivan Town Homes, L.L.C. to apply for a zone change to MF-AA with respect to the easement area; and the granting of the Easement and transfer of property are both contingent upon the approval of the zone change by the Planning and Zoning Commission.
The Amendments were seconded by Deputy Mayor Havens and approved, unanimously.
Mayor Lassman Fisher then called for a vote on the Amended Resolution. It was approved, unanimously.
MINUTES
Regular Meeting – Town Council
Page 24
April 2, 2001
17. New Business (Continued)
P. Discussion Item – Update on Acquisition and Housing of Bruce Harvey War Memorabilia Collection
(A Motion was made by Councillor Delnicki to table this discussion until another evening. The Motion to Table was seconded by Councillor Fine; and approved, unanimously.)
Q. Resolution Authorizing the Town Manager to Execute a Contract with the State’s Department of Social Service for Home Management/Counseling
BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to execute and deliver in the name and on behalf of the Town of South Windsor a contract with the Department of Social Services, State of Connecticut, for Home Management/Counseling.
Was made by: Councillor Burnham
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
R. Resolution Appropriating an Additional $9,410 for the Removal and Replacement of Two (2) Underground Fuel Storage Tanks at the Town Garage.
WHEREAS, the South Windsor Town Council previously approved the appropriation of $120,000 for the removal and replacement of two (2) underground fuel storage tanks at the Town Garage in compliance with Order Number FY01-UST095 issued to the Town of South Windsor by the U.S. Environmental Protection Agency--said $120,000 being appropriated as follows: $80,000 from LoCIP Funds, and $40,000 from the Web Site Development Capital Project; and
(Resolution Continued on Next Page)
MINUTES
Regular Meeting – Town Council
Page 25
April 2, 2001
17. R. (Continued)
WHEREAS, the project realized unexpected fines and requirements set forth by the Connecticut Department of Environmental Protection and the Environmental Protection Agency thus bringing the projects completed cost to $129,410
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council approves the appropriation of $9,410 for the over-run on the removal and replacement project of two (2) underground fuel storage tanks at the Town Garage; and
BE IT FURTHER RESOLVED that said $9,410 shall be appropriated from the following Funds: $7,467.20 from the Special One Time Capital Improvement Grant for Fiscal Year 1999-2000 (extended to June 30, 2001) and $1,942.80 from regular LoCIP Funds; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to make application for the One Time Local Capital Improvement Grant and LoCIP Funds for said project.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
Councillor Burnham asked the Town Manager why the Town was being fined $4,000 at this time--particularly in light of the fact that the Town had already appropriated money to replace these tanks to prevent being fined.
Mr. Richard Boudreault, Administrative Assistant to the Director of Public Works, answered that the Regulations had changed three or four years ago, and the Town was not aware of this fact. The Town was now being fined for not removing underground piping by a certain date. Mr. Galligan explained the history of this process.
Councillor Burnham asked if these fines could be challenged. Mr. Galligan felt it could not because the Town “should have picked that up.” He did feel that there is a lot of pressure by the public on the DEP to remove these tanks.
(Resolution Continued on Next Page)
MINUTES
Regular Meeting – Town Council
Page 26
April 2, 2001
17. R. (Continued)
Following this discussion, the Mayor called for a vote on the Resolution.
The Motion was approved 8 Ayes to 1 Nay on a Roll Call Vote, as follows:
Councillor Fine - Yes
Councillor Aman - Yes
Deputy Mayor Havens - Yes
Councillor Burnham - No
Councillor Pelkey - yes
Councillor Delnicki - Yes
Councillor Williams - Yes
Councillor Streeter - Yes
Mayor Lassman Fisher - Yes
S. Resolution Setting a Time and Place for a Public Hearing Regarding the Appropriation of Funds from Capital and Non-Recurring Expenditures Account to the “South Windsor Rotary Field Project.”
BE IT RESOLVED that the South Windsor Town Council sets Monday, April 16, 2001, at 7:15 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, as the time and place for a Public Hearing to receive citizen input on the appropriation of the balance of Capital and Non-Recurring Expenditure Account in an amount of approximately $29,000 for donation to the American Legion for the construction of the new Press Box at Rotary Field on Nevers Road.
There was some discussion regarding the timing of this Public Hearing in light of the fact that a Public Hearing was already scheduled for 7:30 p.m. to receive citizen input on the General Government Budget. It was generally felt that this would be too tight a schedule.
Referring to the appropriation to be discussed at this Public Hearing, Deputy Mayor Havens added his support to that of former Mayor Linc Streeter that, whether or not the Press Box is done, the referenced “stairs” have to be done or the Town would have a liability with regard to injuries incurred. He pointed out that he, too, felt it was the Town’s responsibility to construct those stairs.
(Resolution Continued on Next Page)
MINUTES
Regular Meeting – Town Council
Page 27
April 2, 2001
17. S. (Continued)
The Deputy Mayor said it was his recommendation that the Town “find a way to fund the balance of doing those stairs.” Councillor Burnham agreed with the Deputy Mayor and added that he, too, hoped the Town Manager could find the money to fund the construction of those stairs.
Mayor Lassman Fisher reminded those listening, however, that “there is a safe way to exit off that field”—that being by using the gravel path that runs along the side of the field.
On another wording issue with the Resolution, Mr. Zimmerman asked that the donation be made to the “South Windsor Rotary Field Project” the legal name of the group constructing the Press Box.
A discussion commenced on the timing of this Public Hearing. Mr. Galligan suggested that the Work Session for the evening of April 16 start at 6:30 p.m. rather than 7:00 p.m; that this Public Hearing commence at 7:00 p.m., and be followed (as already advertised) by the 7:30 p.m. Public Hearing on the General Government Budget.
Councillor Aman then amended the Resolution to read “South Windsor Rotary Field Project;”and that the time of commencement of the Public Hearing be changed to 7:00 p.m.; the Amendment was seconded by Councillor Pelkey, and unanimously approved.
The Mayor then called for a vote on the Amended Resolution. It was unanimously approved.
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
MINUTES
Regular Meeting – Town Council
Page 28
April 2, 2001
20. Executive Session
21. Motion to Adjourn
A Motion to adjourn was made at 10:45 p.m.; duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (Exhibits A. and B.)
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