TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 January 2, 2001
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Lassman Fisher
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Williams
Members Absent: Councillor Streeter
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
The Meeting was called to order by Mayor Lassman Fisher at 8:00 p.m.; immediately recessed to continue the Work Session; and reconvened at 8:40 p.m.
ITEM:
5. Public Input
First to speak was Myles O’Reilly, 73 Palmer Drive. Mr. O’Reilly informed Council that he was present to tell them he was in favor of the abandonment of Felt Road He expressed concern, too, for the fact that “emergency vehicles” may not know there will be three houses further in
on the portion that is being abandoned. Mr. O’Reilly suggested that a “black and white sign,” very visible to any emergency vehicle going up Palmer Drive, be installed denoting the existence of these three houses, and where they are.
Mayor Lassman Fisher asked if this sign could be installed without Planning and Zoning approval, etc. Mr. Galligan felt that was the case because it was more of an “emergency type” service.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
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ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan first made the Council aware of several upcoming Town or Town/Chamber of Commerce events.
Following this, the Town Manager updated the Council on the subject of well contamination in the Barber Hill/Foster Street/Miller Road area. Mr. Galligan said that he had recently received notice from the State’s Department of Environmental Protection that the Groundwater Contamination Program, as submitted by Fuss & O’Neill, has been approved by the State’s Department of Environmental Protection. The next step, he said, was to go to the Bonding Commission for financing; and Mr. Galligan hoped the Town would be able to get Bids out and be ready to start work on this project this Spring or Summer.
Deputy Mayor Havens asked the Town Manager if he had tried to “swap” the filtering system offered to a couple of the houses for an extension of the water lines. Mr. Galligan replied he was trying to negotiate this at the present time by convincing the DEP that to place a filter in these homes every year, and then monitor it for 20 years, could cost as much as $60,000 to $70,000 vs. extending the water line for $120,000 to $130,000.
Deputy Mayor Havens asked the Town Attorney where it left those homeowners who are isolated, can’t sell their property which should be condemned. He asked if they could bring a civil action against someone. Atty. Guliano said, in terms of whether they have any kind of an action—they would not have any kind of an action against the Town unless they could establish that the Town created the contamination.
Continuing, Atty. Guliano said he understood that this source of contamination has never been determined.
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10. (Continued)
Again, Deputy Mayor Havens asked if, by leaving these residences out of the plan to make public water available, would those homeowners have any claim. According to the Town Attorney, they would not—that this was an issue addressed by the DEP and not a decision of the Town of South Windsor.
The Deputy Mayor then asked the Town Manager to keep working at the “swap”—water lines instead of filters. Mr. Galligan said he would, and agreed that in spite of the fact that the DEP considered the filtration system appropriate, it became a different thing all together when you might want to see the house.
On other matters, Mr. Galligan reported that: (1) CL&P would be conducting tree-trimming in South Windsor in its efforts to free-up utility lines; and, also, had met with Town officials regarding upgrading transmission lines in the Barber Hill and Buckland Road areas of South Windsor (sometime at the end of 2001 or beginning of 2002) in order to avoid “rolling brownouts” or minimize outages from storms.
(2) Mr. Galligan, referring to an updated Town Financial Statement, stated that the Town “underspent” its portion of the Budget by $646,000; and the Board of Education underspent their Budget by $312,000; there was an abundance of additional revenues of about $700,000—all of which created an additional surplus of over $700,000 to the Fund Balance.
The Town Manager said that were the Council to look at the Town’s current Budget and apply the ratios that Moody’s does, the Council would be looking at a Fund Balance that is 6% of the Town’s current Budget. It was the Town Manager’s opinion that the Town was in good financial shape.
Councillor Pelkey also complimented Parks and Grounds Superintendent Karl Reichle for keeping the trees the Town is responsible for in such condition that, during a snowstorm such as was just experienced, they caused no appreciable damage to power-lines.
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10. (Continued)
Councillor Delnicki asked the Town Manager if South Windsor had ever had any “rolling brownouts.” Mr. Galligan replied that perhaps once, a very short one--for perhaps 15 minutes. The Councillor then asked Mr. Galligan if he had determined the budgetary impact of the recent snowstorm. Mr. Galligan replied that he had not, as yet. Councillor Delnicki, too, complimented Town crews on the great job they had done during the recent snowstorm.
Councillor Fine, too, noted that the Town crews had done a very good job. She asked, however, if the “independent” companies hired by the Town to supplement the activities of the Town crews were paid by the “job,” or by the hour. The Town Manager replied that the Bids for this work went out around April or May of each year, and were done on a “per hour basis.” And, when asked who determines when they go out, the Town Manager said that decision is made by the Town’s Public Works Department. Our own crews, he continued, are not called out until the Town knows there will be at least 2 inches of snow (ice storms have a different criteria, he mentioned). “Private Contractors,” according to Mr. Galligan, do not go out until the Town tells
them to go out.
On another matter, Councillor Fine asked the Town Manager what the news was on the “Requests for Proposals” for auditing services for the Town. Mr. Galligan replied that he hadn’t looked into this as yet.
Councillor Burnham said that he assumed any snow removal crew—be it Town or a private contractor—was required to observe the “rules of the road.” He noted, however, that during the last storm, on Rye Street in Town, one of those snow removal trucks “came barreling right through the stop sign”—not even slowing down to check oncoming traffic. The Councillor suggested that the contractors be reminded that they have to slow down at intersections.
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10. (Continued)
Mr. Galligan said that Town crews had standards and procedures, and he would make certain private contractors for snow removal were reminded of these same standards and procedures.
Deputy Mayor Havens asked for clarification on the facts previously presented by the Town Manager regarding “Fund Balance.” Mr. Galligan explained that what the “Financials” indicated was that the Total Fund Balance is $5.3 million, of which $624,000 has been reserved for Accounts Payable (for things that the Town ordered but have not been paid as yet).
Also, according to the Town Manager, $1.050 million of this Fund Balance has been designated for this year’s Budget—leaving an “Undesignated Fund Balance” of $3.7 million.
Mayor Lassman Fisher, referring to the Town’s Financial Statement, said the Council really should have the Auditors come before them and make a presentation on this document. She said that, if there were no objection, she would make this request.
Referring to Parks and Recreation’s “Master Plan,” the Mayor asked if the next step in the process is that it be brought back to the Town Council for adoption. Mr. Galligan said that was correct. The Mayor then stated that she would like to see this document come back before Council as soon as possible so that Council can adopt it.
Next, the Mayor asked if a date had been arrived at for a Joint Meeting with the Board of Education to discuss the budget process. Mr. Galligan said no date had been arrived at as of this time.
As a last item in her report, Mayor Lassman Fisher informed the rest of the Council and listening public that an appraiser has been retained by the Town to assess the value of the war memorabilia previously discussed. At the same time, she stated, the Town Attorney will be working on an “agreement” to procure these items. The next “big focus,” according to the Mayor is where is the Town going to house these items.
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At this point, Councillor Pelkey made a Motion to move Agenda Items 17. D and E. up to this point in the meeting. The Motion was seconded by Councillor Williams, and approved unanimously.
17. New Business
D. Discussion Item – South Windsor Land Trust
Mayor Lassman Fisher reminded the Council that this issue came up when the Council was advised by the Town’s Open Space Task Force to pass a parcel of land to the South Windsor Land Trust rather than the Town acquiring the parcel. She said what followed was the question—“What exactly is the Land Trust? And “What does it do?” And “What are its limitations with regard to land use?”
The Mayor then introduced South Windsor Land Trust Member Tim Shepard.
Tim Shepard, 585 Main Street, said he was a Director of the Land Trust, and one of its founders. The Trust, he continued, was formed in 1976 for the purpose of helping to preserve land in Town; and, also, to give landowners another “vehicle” for preserving their land.”
The discussion was lengthy; however, some of the details explained by Mr. Shepard were that: The organization had approximately 50 Members made up of diverse occupations (accountants, lawyers, business people, politicians, etc.), which anyone can join for a Membership Fee of $20; they met quarterly; had a non-profit status; and, presently, had about 100 acres of land under conservation control—including 20 acres of a Conservation Easement.
Mr. Shepard then explained the Land Trust’s interest in the Jacques property on Deming Street and the fact that the Land Trust was seeking a “stewardship” from among the new homeowners in this area, in order to protect this property.
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17. D. (Continued)
If the Land Trust were to dissolve, according to Mr. Shepard, the property would have to go to an organization, or structure, that would carry out the same ideals as those stated in the Charter of the Land Trust—which would be the preservation of that property. No all of the Trust’s property, he continued, have restrictions on it; however, in order to sell the property the bylaws of the Trust would have to be preserved and it would require a vote of the membership.
Being more specific, Deputy Mayor Havens asked—if the South Windsor Land Trust were to “disband,” within its bylaws does it state that the land “would revert to the Town of South Windsor?” Mr. Shepard answered “No. It has to revert to an organization with a like purpose which could be any organization.”
Continuing, Mr. Shepard said that the Land Trust does not have a “reverter clause” at the present time; however, the organization was not averse to it because, basically. All of the land they are involved with, to date, they wanted to see permanently preserved.
If the Town wished to be the reverter party whereby the land would go to the Town should the Land Trust dissolve, Mr. Shepard did not feel that would bother the Land Trust whatsoever. It is possible, he said, that someone could give a “land conservation group” a piece of property that isn’t really for conservation. Those giving the property might feel that the Land Trust should have it developed, and then take the money and purchase more “sensitive” property.
Mr. Shepard described the Land Trust as a group of people that are complimentary to what the Town’s Open Space group is doing in South Windsor. He said that perhaps on the Deming Street property, the Land Trust could “take the burden off the Town since it would have been one more thing for staff to do.” He also felt that the Land Trust could get local residents involved in the stewardship committee.
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17. D. (Continued)
Mr. Shepard pointed out that the Land Trust was “not the answer to it all”—that is why he had reservations with regard to Slater Street. He said he would like to see land stay in public hands through the Town or through the Land Trust because they both had the same goals.
When Deputy Mayor Havens asked the Town Attorney if the Town had acquired Deming Street, as yet, Mr. Shepard replied “No.” and it wouldn’t be acquiring it since that piece of land was going to the Land Trust—not to the Town.
According to the Town Attorney, the determination has not as yet been made who would be owning the Deming Street property, but Mr. Shepard was suggesting that the Land Trust would prefer to see the Town own it.
Town Manager Galligan reminded those present that the recommendation from staff was that the Deming Street property, next to Pond Estates, was going to be owned by the Land Trust. Planning and Zoning, however, wanted to know if the Town Council wanted to take the Open Space from the Pond Estates Subdivision, or did it want the Land Trust to also “grab” that piece so that they would have a contiguous parcel along that road.
Based upon that discussion, Mr. Galligan said, Council felt that P&Z could do what they wanted to do but that they wanted Mr. Shepard to come to this meeting to explain exactly what the “Land Trust” was.
Deputy Mayor Havens as the Town Attorney if the Town knew exactly what the Land Trust was doing at all times—are they working together in conjunction with each other and with an agreement that the Council knows about. Mr. Shepard responded that the properties the Land Trust is working with was as a “separate organization”—this Trust has nothing to do with the Town.
Atty. Guliano agreed; and informed the Deputy Mayor that there is no agreement between the Town and the Land Trust. Mr. Shepard added that the only place where the Town and the Land Trust had a relationship on property was on the “Linear Park.” When the Easements were acquired in that area, they were put in the name of the Land Trust and the Town of South Windsor in order to provide a “double layer of protection.”
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17. D. (Continued)
As a follow-up to Mr. Shepard’s observation that it would be some time before decisions with regard to ownership of the Slater Street property would have to be made, Mayor Lassman Fisher asked who was giving the Deming Street property to the Land Trust. Both the Town Attorney, and Mr. Shepard responded “The owner, Mike Jacques.”
The Mayor then asked if this property being given to the Land Trust would be “dedicated” open space. Atty. Guliano replied that he did not know what the Mayor meant by “dedicated open space”—that it is under restrictions placed upon it by the Land Trust; however, again, the Town Attorney reiterated that it was not Town open space.
In answer to another of the Mayor’s questions, Atty. Guliano said he was not certain that the Town has to become an owner in order for the Slater Street parcel pass to the Land Trust—he believed it can go directly from the developer to the Land Trust.
The Mayor asked Atty. Guliano if, once the land goes to the Land Trust, does the Town have the right to impose restrictions on its use so that it never gets developed. Atty. Guliano replied “No. Not unless you enter into some separate agreement with the Land Trust.”
Much more discussion ensued regarding the Land Trust, the stewardships of both the Town and this organization with regard to the preservation of open space, and the future of these parcels of land should the Land Trust dissolve.
Concluding his remarks, Mr. Shepard summarized the Land Trust’s feelings with regard to the Slater Street and Deming Street properties—and that is that the Town should take the Slater Street property over and keep it in public hands; and let the Land Trust see what it could do with the Deming Street property.
Mr. Shepard pointed out that the small pond on the Slater Street property used to be used, and perhaps still is, for ice skating—another indication, he felt, that this land should be kept for the public’s use.
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17. D. (Continued)
Deputy Mayor Havens, stating that it was his feeling that there was no one in South Windsor who had done more for “conservation of land” than Tim Shepard did stress, however, that he felt the process should be “formalized;” and he turned to the Town Attorney with a request that this be done.
Mayor Lassman Fisher, in an effort to clarify the reasons this was before Council at the moment, reminded everyone that Council had originally been advised that the Slater Street property was “going to the Land Trust,” and it now appeared that the Land Trust did not want to take title to that property. She suggested that this be straightened out soon, because “somebody is waiting for the answer to this question.”
Mr. Shepard felt that nobody is going to protect this land better than the Town; however, what it basically came down to was “preserve the land,” and someone to keep an eye on it. He felt the Town was best equipped to do this.
Before concluding this discussion, Atty. Guliano asked Council to note the map provided to them showing the various parcels of open space in Town, and denoting, by color, who specifically owned them—the Land Trust, the Town, or some other conservation group.
Mayor Lassman Fisher, addressing the Town Attorney, thought it should be “recorded” somewhere exactly what “this entity” was (meaning the Land Trust); what it would take to convey the land from the Town to the Land Trust; what the restrictions were in these transactions, etc.. She felt it was necessary to do this in order to ensure that “this exercise doesn’t have to continue.”
Atty. Barry Guliano said he could put together a memo to the Council summarizing all this, if she would like; however, before the discussion continued further, Mr. Shepard asked if he might mention that he felt it did not have to do with the Land Trust—that it could be the Audubon Society, or any conservation group. Mr. Shepard continued by saying that any time the Town has an option to control the future of a piece of property and the Town Council is going to be relay it over to “any group,” it should do so with “Easements” that allow the Town to “take it back.
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17. D. (Continued)
The Mayor then asked the Town Attorney who needed an answer regarding the open space parcels being discussed—was it Planning & Zoning? Atty. Guliano said the Council had given them the only answer that they needed—P&Z wanted to make certain that, if need be, the Town would be acceptable to taking over the Slater Street open space property.
The Mayor thanked Mr. Shepard for being present this evening. She felt that his explanation of what the Land Trust was, and what they did, was very helpful to the Council, and those residents watching this evening, in understanding the function of the Trust.
Mayor Lassman Fisher stressed the keen resident interest in this Town in the preservation of “open space;” and she thanked Mr. Shepard, and those other Members of the Land Trust, for their participation in this effort. She concluded her remarks by inviting the Land Trust to come back to Council at any time to discuss any future possible collaboration to preserve additional open space.
E. Resolution to Discontinue a Portion of Felt Road between Palmer Drive and Foster Street
WHEREAS, Felt Road is an unimproved “paper” road where it is located between Palmer Drive and Foster Street in South Windsor, Connecticut; and
WHEREAS, Linda V. Cloutier is the owner of 103 Palmer Drive, South Windsor, Connecticut, which property abuts the unimproved portion of Felt Road; and
(Resolution Continued on Next Page)
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17. E. (Continued)
WHEREAS, Mrs. Cloutier has filed a written request with the Town Council and the Board of Selectmen that the portion of Felt Road which runs from a point approximately three hundred seventy two feet (372’), northerly, of the intersection of Palmer Drive with Felt Road, and extending northerly to the intersection of Felt Road with Foster Street, be discontinued by the Town, leaving as a public road that portion which runs from the intersection of Felt Road with Palmer Drive to a point approximately three hundred seventy-two feet (372’) north of that intersection; and
WHEREAS, the South Windsor Planning & Zoning Commission has issued a report, pursuant to Section 8-24 of the Connecticut General Statutes endorsing the partial proposed closure subject to several stated concerns
NOW, THEREFORE, BE IT RESOLVED that the plan to discontinue that portion of Felt road commencing at a point approximately 372 feet northerly of the intersection of Palmer Drive with Felt Road, and ending approximately 1,015 feet from that point to a point at the southeasterly corner of the property N/F Wilfred E. Hebert, Jr., is adopted and hereby approved, as shown on a map prepared by Design Professionals, Inc., which map will be provided to Council prior to Regular Meeting of January 2, 2001.
Was made by: Councillor Pelkey
Seconded by: Councillor Williams
Before a vote was taken, Councillor Pelkey asked the Town Attorney to comment on Planning and Zoning’s report on this matter, wherein they stated several concerns.
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17. E. (Continued)
Atty. Guliano, reading from the P&Z report, stated the Commission’s concerns were, namely, (1) current “drainage” issues on this portion of the site; (2) P&Z’s favorable recommendation did not imply future subdivision for “interior” lots nor did it imply any approval for access in any particular location--(Atty. Guliano explained that there was currently pending before P&Z an application from Mrs. Cloutier regarding two (2) interior lots that are contiguous to this portion of Felt Road; and P&Z wanted to make it clear that by saying they approved of discontinuing Felt Road, it did not mean that they were approving of those two lots, or anything having to do with those lots.)
The third concern expressed by the Planning and Zoning Commission, and one which the Town Attorney felt the Town Council should pay “special attention” to, was P&Z’s statement in the report that “this action precludes the use of this right-of-way by the Town, in the future, for any non-vehicular (i.e., pedestrian) access if the Town were to deem it desirable to have a pedestrian access between Foster Street and Palmer Drive.”
Atty. Guliano explained that were the Town to discontinue this portion of Felt Road, in this fashion, there will no longer be any “public easement” in that roadway—essentially, he said, it will be a private road.
Councillor Burnham then referred back to Myles O’Reilly’s concern, earlier in this meeting, regarding “safety” issue if those two lots presenting before P&Z are approved. He asked the Town Attorney if anything should be included in the Resolution regarding this issue; should it be done at a later date; or should this safety concern be relayed to P&Z.
It was Atty. Guliano’s opinion that, in light of the fact that those two interior lots had not as yet been approved, the best way to handle this, would be to advise P&Z of Council’s concern. In the event the two lots are approved, the Town Attorney felt that Mr. O’Reilly’s suggestion that a sign indicating their presence be put up in a very visible location on Palmer Drive to alert emergency vehicles of their presence, was an excellent suggestion.
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17. E. (Continued)
Councillor Burnham agreed that a letter should be sent to P&Z stating that if the two lots are approved, a sign such as previously mentioned be installed where emergency vehicles might easily observe it.
Councillor Pelkey asked the Town Attorney asked for an update on a previously stated concern about the abutting property-owners relationship with the 25-foot strip of land that would no longer have “public access.” He asked if this concern had been addressed. Atty. Guliano explained that the situation with that portion of Felt Road at the present time is that the Town does not have title to that portion of the road—with old roads, he further explained, the abutters own to the “middle of the roadway” and the public has a “right-of-way” as an Easement to pass over it.
Continuing, Atty. Guliano used Rye Street as an example. No where, he said, would you find that the Town has title to that road. In a situation such as this, he said, when the Town decides to discontinue the use of the roadway what it was doing was “extinguishing the public easement in that roadway; and, basically it reverts back to just what the title is—each of the abutters owns to the middle of the road. The one exception, he said, is that any abutter also has a right-of-way to use it to “the nearest public street”—so no one gets land locked.
Referring to Jonathan Lane residents, Councillor Pelkey asked if those residents could cross over that 25-foot area from one neighbor to the next along that whole paper road—all the way out to Palmer or Foster. Or, he asked, would they have to made a “side deal” with the neighbors.
Atty. Guliano, saying that he could not give the Councillor a guarantee regarding this stated that, in his opinion, he believed the answer was “Yes.” The only reason, he said, he could not give a guarantee is because the State Statute speaks only about having an easement to the nearest public roadway.
Following more discussion regarding this 25 feet, and the abutters rights with regard to it, Atty. Guliano pointed out that these abutters had every right to go before Planning and Zoning prior to that agency’s approval of these two lots, and express their concerns.
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17. E. (Continued)
Councillor Aman, referring to the Town Attorney’s comments regarding the public losing its right to walk upon this abandoned land, said he did not remember this as being a walkway that people are currently using. He asked if this were true. Atty. Guliano said he knew there was a trail back there since he had walked it daily when he was in High School; however, he did not know how much it was currently being used, but guessed it was little.
Referring to the new map provided to Council, Atty. Guliano pointed out that the original map depicted a discontinuance of the property all the way from Lot #1 to the intersection with Foster Street. He asked the Town Council to recall that Mr. Hebert had appeared at the Public Hearing regarding this abandonment and claimed that he had ownership to that on his property; and there is still a question about this issue.
Atty. Guliano said a suggestion was made and, rather than discontinue the roadway at that portion (which might further complicate the issue with Mr. Hebert) the Town could accomplish the same purpose as the Cloutier’s by discontinuing the roadway “up until his property.”
Councillor Delnicki asked if the discontinuance of this portion of Felt Road would have any affect on public safety usage—Volunteer Fire Department, Police, etc. Atty. Guliano responded that, in terms of an “emergency,” public safety agencies have a right to go on private property. However, this also, according to the Town Attorney is an issue that should be considered by Planning and Zoning in terms of Lots #2 and #3.
Councillor Williams asked who has the “liability” for that portion of the road at the present time. Atty. Guliano assumed it was the Town—however, it was not “a lot of liability” because the area is “unimproved.” When further asked by Councillor Williams who would have future liability should the Council approve this Resolution, Atty. Guliano replied that the Town “would be out of it completely. It would be the abutters.
Councillor Delnicki said he recalled, at the Public Hearing, several homeowners raising the issue of the liability they would be assuming if the “paper road” were closed. He asked if that issue had been resolved with those residents.
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17. E. (Continued)
Again, the Town Attorney stated that the abutting homeowners would be taking over that liability; and, if it was still a concern the Town Council might want to consider. When pressed further, Atty. Guliano said the only recourse the Town Council had, in that case, would be not to approve the Resolution.
Mayor Lassman Fisher asked specifically which abutting homeowners would take on this liability; and the Town Attorney said it would be “split down the middle” between all the abutting homeowners.
Councillor Fine, looking for clarification of her understanding of the situation, and referring to the residents on Jonathan Lane, asked if it were not true that these abutters would “gain in their backyards” and further asked if the Town Attorney were aware of any complaints or objections from the residents of Jonathan Lane about abandoning this portion of Felt Road. Atty. Guliano replied that no one had complained to him; but he understood that there were residents present at the last Public Hearing who had some concerns. (There were residents present in the audience who wished to be heard.)
Mayor Lassman Fisher asked for public comment.
Janina Johnkoski, 42 Jonathan Lane, stated that there were many concerns at the present time on Jonathan Lane, and she was present to represent those residents by stating their concerns. Originally, she said, the neighbors had been told there were two (2) options: Abandon the road and the Cloutier's would put in two houses; or (2) if the Town Council did not abandon the road, there was the possibility the Cloutier's would come to the Town and ask it to “complete the road,” and they would then put in a 12-house subdivision. Of course, she continued, the neighbors opted for the abandonment, and only two houses.
Mrs. Johnkoski then went on to explain their concern with regard to the easement, and the placement of the Cloutier’s driveway and associated maintenance and liability for that driveway; the drainage problem currently existing on the portion of Felt Road being discussed this evening and whose responsibility it would be to assume the cost of correcting this problem should the road be abandoned; and the taxes associated with the extra 25 feet—particularly if the Cloutier’s driveway is situated on 11 of those 25 feet belonging to the Johnkoski’s.
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17. E. (Continued)
Following up on the discussion regarding the roadway currently being used as a walkway, Mrs. Johnkoski said it was used regularly as a walkway.and as a cut-through to other areas in Town. She had also observed ATV’s going through there as well as the Cloutier’s trucks; and people on horseback using it as a trail.
Mrs. Johnkoski stated that, after weighing the “pros” and “cons” the general feeling was that this road should be “abandoned” particularly in light of the alternatives. Following this, the residents of Jonathan Lane would next go before Planning and Zoning and express their further concerns for what was being proposed by the Cloutier's.
Councillor Delnicki said that, at a previous meeting Atty. Cummings (Attorney to the Cloutier’s) had indicated that some type of discussion was about to commence with the abutting homeowners with regard to liability issues, drainage, etc. The Councillor had gotten the feeling that this was going to occur prior to the Cloutier’s going before Planning and Zoning. He asked if this had occurred.
Mrs. Johnkoski said “No,” that the only discussion that had occurred prior to the previous Town Council meeting regarding this. She also mentioned that Atty. Cummings said that evening that all of the concerns could be alleviated by “deeding” the property over to the Cloutier’s.
Councillor Delnicki asked if the Council had the right to “table” this issue long enough to allow the residents enough time to work out their concerns. Atty. Guliano said “absolutely.”
However, Mrs. Johnkoski said that they, the residents, were told by Planning and Zoning that this abandonment has to take place, first, before easement concerns can be addressed. She reiterated that the residents “were not against abandonment,” that once that is done, there are many issues and concerns about how the Cloutier’s are going to proceed.
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17. E. (Continued)
(The Mayor asked Mr. Hebert if he had any comments. Mr. Hebert replied; however, he did not come forward to the microphone; and, additionally, the transmission by Cox Cable has a “hum”—together these problems make it impossible to transcribe.)
The Mayor said it occurred to her that if the Owners of Lots #1, #2, and #3 ever wanted to pave the abandoned road, wouldn’t they need permission from the “part owners.” The Town Attorney said you can make an argument that if they can pass over the 25 feet that they have title to, that’s the extent of their “right of passage.”
Mayor Lassman Fisher then called for a vote on the Resolution. It was approved, unanimously.
Council then returned to Agenda Item 11.
ITEM:
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Delnicki brought to Council’s attention an article included in The Journal Inquirer recognizing the appointment of Firefighter Kevin Cooney as South Windsor’s Fire Inspector. The Councillor informed those listening that Mr. Cooney is a longtime member of the South Windsor Volunteer Fire Department who joined the Department as an Explorer at age 14, becoming a full-fledge member of the Department in 1983. Councillor Delnicki also pointed out that Kevin Cooney was “second generation fireman” in South Windsor—his father having been a Volunteer Fireman here for over 25 years. He wished Kevin Cooney good luck in his new position.
MINUTES
Regular Meeting – Town Council
Page 19
January 2, 2001
13. (Continued)
Secondly, Councillor Delnicki said he had attended the December SWALPAC meeting where the Park & Recreation Master Plan had been reviewed. At this meeting, he said, “substantial” concerns had been expressed over the Priest property, and the loss of it as “farmland.” The Councillor said the Town Council may want to “solicit” some of their concerns when Council starts serious deliberations on the Master Plan.
Becoming more specific regarding SWALPAC’s feelings regarding the Master Plan, Councillor Delnicki said that the Commission’s main concern was “good tillable farmland going by the wayside;” and, perhaps, the timeline should be adjusted to reflect areas like the Lawrence Road area being developed prior to touching “farmland” that is under tilling.
The Mayor asked Councillor Delnicki if some of SWALPAC’s comments had gone back to someone from the Master Plan’s Subcommittee. The Councillor replied that the Commission was going to craft a letter to express their concerns—he had not, as yet, seen the letter.
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Appointment of Walter J. Kupchunos, Jr. (D) to the Office of Constable to Fill the Unexpired Term of Margaret Johnston, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Walter J. Kupchunos, Jr. to the Office of Constable for a term expiring November 12, 2001, to fill the unexpired term of Margaret Johnston, and hereby tables the same.
Was made by: Deputy Mayor Havens
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
MINUTES
Regular Meeting – Town Council
Page 19
January 2, 2001
17. New Business (Continued)
B. Reappointment of John J. Mitchell ($) as the Town’s Representative to the Greater Hartford Transit District, and the Tabling of Same
(Councillor Aman)
BE IT RESOLVED that the South Windsor Town Council reappoints John J. Mitchell as the Town’s representative to the Greater Hartford Transit District for a term ending December 12, 2004, and hereby tables the same.
Was made by: Councillor Aman
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
C. Resolution Approving a Tax Refund to Three (3) South Windsor Taxpayers
(Councillor Fine)
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to three (3) South Windsor taxpayers, the total of said refunds being $35;8,08, and as listed on attached Exhibit A.
Was made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
MINUTES
Regular Meeting – Town Council
Page 21
January 2, 2001
21. Motion to Adjourn
A Motion to Adjourn the Regular Meeting was made at 10:50 p.m.; duly seconded; and approved, unanimously.
Mayor Lassman Fisher then reminded the Town Council that they had only recessed the Work Session in order to accommodate the Regular Meeting. She asked Council if they now wished to go back into the Work Session; or adjourn it and take up Agenda Item 6. B. at another meeting. Council chose to adjourn the Work Session.
A Motion was made to adjourn the Work Session; it was duly seconded and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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