(The following Minutes are done in “Action Minutes” form because the transmission problems being experienced by the cable company this evening adversely affected both the audio and video tape recordings of this meeting.)
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page1 March 19, 2001
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Lassman Fisher
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams
Members Absent: Councillor Delnicki
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
The Meeting was called to order by Mayor Lassman Fisher at 8:15 p.m. Before proceeding with the business of the meeting, the Mayor presented a Proclamation honoring “National Athletic Training Month” to William Labruna, a Trainer at South Windsor High School. Also presented this evening was a check for $1,500 from the Town to Janice Snyder, Chairman of the “Operation Graduation – Class of 2001” committee to help defray the estimated $18,000 cost associated with this event.
ITEM:
5. Public Input
Janice Snyder came before Council once again this evening to inform them of the “Together for Technology Run,” being held on Saturday, April 7, at the Rotary Pavilion, starting at 10:00 p.m. She said that pledges for this Run were $5 per person, or $20 per family.
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ITEM:
5. Public Input (Continued)
Next to speak was Nila Bellody, 1148 Sullivan Avenue, who came forward to speak on the proposed Town Easement over its Mitchell Open Space property. She wanted to point out the impact on the families who lived across the street from this property should the easement be granted to the developer of Strawberry Fields, a proposed senior housing development. She also wished to point out what she felt would be serious traffic issues on Sullivan Avenue at that location.
Next to speak was Heidi Willis, 84 Kent lane. Ms. Willis is Treasurer of the South Windsor “Operation Graduation” committee, and wished to inform Council of an “auction” being held to raise funds for this event. It is to be held on March 31, at St. Margaret Mary’s Church Hall, starting at 6:30 p.m. The auction, itself, would start at 8:00 p.m.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible
to Council - None
10. Communications and Reports from Town Manager
Mr. Galligan informed Council that he had been elected to the “Underwriters Committee” of CIRMA.
Referring to the Town’s status with relation to insurance, Mr. Galligan reported that South Windsor is the lowest in claims across the State. He also reported that he had met with Superintendent of Schools Joseph Wood, his Assistant Supt. Dale Vannie, Business Manager Don Neel, and Councillor Burnham to discuss meeting with other insurance carriers.
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ITEM:
10. Communications and Reports from Town Manager (Continued)
On another matter, the Town Manager reported that there will be a Resolution coming up appropriating more monies for snow removal. So far this year, he said, the Public Works Department is about $162,000 over budget because of the number of snowstorms we have experienced this Winter----therefore, he said, expect the Budget to be “in the red.” He asked that the Town Council “wipe out” the Contingency Fund to meet these needs.
Referring to a possible second year of worry regarding the West Nile Virus, Councillor Streeter asked the Town Manager to have the Town’s Environmental Health Officer Robert Deptula to come before the Town Council to explain what is planned to protect the public this year. Mr. Galligan reminded Council that the Town does have $23,000 to earmarked for instituting preventative measures this Spring.
Mayor Lassman Fisher asked the Town Manager if the State Health Department will be providing more measures that can be taken this year than were available last year. She suggested that Dr. Gerald Schwartz, the Town’s Health Director, contact the State to determine State Health Department plans to address this health issue.
Councillor Fine asked Mr. Galligan if the Town “recycled” the sand it swept up during Springtime road sweeping—and, if not, should we be recycling it. Mr. Galligan replied that the Town could not recycle its road sand because, after being spread on our roads, it is considered “hazardous” material.
11. Reports from Standing Committees - None
12. Reports from Temporary Committees - None
13. Communications and Petitions from Council
Deputy Mayor Havens asked that the Town Manager have someone take a look at the railroad tracks in front of 140 Nutmeg Road, South. He also asked Mr. Galligan to set up “some type of staff meeting” at which the Council’s new “Space Needs Committee” could meet with them regarding space needs.
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ITEM:
13. Communications and Petitions from Council - Continued
The Deputy Mayor also noted the presence of 6th, 7th, and 8th graders who participated in Hartford’s St. Patrick’s Day Parade—of particular note, with the Timothy Edwards Middle School Band. He used this time to ask “Where is the South Windsor High School Band.” He wanted someone to find out just exactly when this Band would be “marching.”
The Mayor, too, recognized: Marge Anthony for organizing the South Windsor participants for this Parade; and thanked the Town’s Fire Department, Police Color Guard, the “Senior” bus; and Ambulance Corps, and the Timothy Edwards Middle School Band for its participation.
The Mayor then asked the Town Manager where the Town stood with regard to its “health insurance” at the present time. Mr. Galligan responded that he had already had a meeting with the current carrier CIGNA, at which Councillor Burnham, Superintendent of Schools Dr. Joseph Wood, Assistant Superintendent Dale Vannie, Director of Finance Melanie Crucitti and Business Manager Don Neel
were present.
Continuing, he said that by the end of the discussion he would say the Town got a “substantial reduction in the rate” which, he felt was positive for the Budget. He also added that they informed CIGNA at that meeting that two other companies wished to quote this health insurance business for the Town. He was of the opinion that these two other companies would come in “lower.” A second meeting with one of the other carriers was going to be held on Wednesday, the 21st.
The Mayor wanted the public and other Councillors to know, too, that the Town was entitled to only a “one year contract—that the contract would go “year to year.”
The Mayor then reported that she had, once again this year, attended the National League of Cities Conference in Washington D.C. She had learned at the Conference that the President’s Budget was definitely going to adversely affect cities and towns since no increase to these municipalities were contained in that Budget. Many of the municipal programs, she said, are simply not going to be funded under the Federal Budget.
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ITEM:
13. Communications and Petitions from Council - Continued
Reporting on a recent CRCOG meeting at which the 29 Towns adopted “Regional Transit Strategy. She pointed out that “transportation” is a big issue this year on the State level; and, after two years, the 29 Towns have put together a plan of Regional Transit—to get people in and out of Hartford—to get people from New Britain to South Windsor—etc. She felt it was a very comprehensive plan and was adopted by CRCOG. It does, she stressed, rely heavily on “bus transportation.”
Continuing with her report on the transportation plans, the Mayor said there is a strategy to bring transportation from the Hartford area to Manchester/South Windsor, etc.; and to “ring” the cities and connect them. The Mayor felt that this was an important issue; and Town officials needed to keep an eye on who “transportation strategy” would be affecting South Windsor in its ability to grow economically.
As a final note, Deputy Mayor Havens (referring back to the “health insurance” issue) asked the Town Manager if he had looked into “self-insurance.” Although admitting that it might not be a pratical solution to the Town’s problems’, the Deputy Mayor suggested it might be possible to self-insure “part” of the Town’s coverage.
The Deputy Mayor then asked whatever happened with the “bus routes” on Sullivan Avenue, and Governor’s Highway. Mr. Galligan said that, currently, a new route was being reviewed with the Connecticut Transit. If this new route were to be implemented, he said, it would either eliminate using Governor’s Highway or drastically reduce bus traffic on that road.
Referring to remarks from the Mayor this evening regarding transportation strategy, Mr. Galligan said that being considered was making Manchester a “transportation hub,” where all buses go to one area—i.e., to the State-owned land behind where John Harvard’s Restaurant is located.
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ITEM:
14. Public Participation
First to speak was John Mitchell, 40 Windy Hill Drive, who said he wished to address his remarks to Agenda Item 17. E. (a discussion item regarding a requested driveway easement on the Town-owned Mitchell Property) Mr. Mitchell said that, as the Owner of property south of the proposed project he wished to add his support to the planned access on the land recently acquired as Open Space because of the additional 40 acres that would be added to the 75 acres the Town now owned. He felt that the beauty of that vista would be preserved for future generations.
Mr. Mitchell said that an additional benefit that he believed was very important to this consideration was the enhancement of those 12 acres located on the West Road side of that piece of property that could provide, in the future, the opportunity for the Town to eliminate what he considered a very dangerous curve on West Road.
Next to speak was Jacqueline Smith, 185 Valley View Drive, who said she wished to briefly discuss Agenda Item 17. F. (a discussion item on the Park and Recreation Master Plan). Ms. Smith said she must emphasize that every Member of SWALPAC (South Windsor Agricultural Land Preservation Advisory Commission) is concerned about the amount of agricultural land, and the amount of open space, that will be used for “football fields” on the Priest property.
Thomas Jutnis, 205 Sandstone Drive, and lessee of land at 1165 Sullivan Avenue next to the proposed Strawberry Fields development. He stated that the proposed entrance way to the development will not affect his operation at all; and he totally endorsed the idea of an easement to the developer.
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ITEM:
15. Consent Agenda
Motion to accept Agenda Items 17. A., b., and C. as the Consent Agenda.
Was made by: Councillor Streeter
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
17. New Business
*A. Reappointment of Carol Heffler (R) to the Inland-Wetland Agency, and the Tabling of Same
(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)
*B. Resolution Approving a Tax Refund to Twenty-two South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-two (22) South Windsor taxpayers, the total of said refunds being $20,641.20, and as listed on attached Exhibit B.
(APPROVED BY CONSENT AGENDA)
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17. New Business (Continued)
*C. Resolution Approving the Transfer of $151,045 from the Contingency Account to the Public Works Budget
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $151,045 from Contingency Account Number 1910-9001-390, to the Public Works Budget, as follows:
Street Services 1332-3112-224 Snow & Ice Removal $ 48,045
Street Services 1332-3112-330 Rentals & Leases 70,000
Motor Equip. Repair 1332-3113-111 Overtime 8,000
Parks & Grounds 1335-3150-111 Overtime 25,000
TOTAL $151,045
Said transfer is to cover over-expenditures associated with snowplowing and sanding.
(APPROVED BY CONSENT AGENDA)
D. Resolution Accepting the Deeds for Roads in the Fitch Meadow and Summer Meadow Subdivisions
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deeds for the roads for the following subdivisions:
Fitch Meadow
Fitch Meadow Lane .14 mile
Summer Meadow
Leah Lane .09 mile
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
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17. New Business (Continued)
E. Discussion Item – Request by Developer of Abutting Property for Driveway Easement on Town-Owned Mitchell Property (Town Attorney to explain; Developer’s Attorney to be present to provide details of request, and to answer questions)
Atty. Guliano began by pointing out that the Developer was being represented this evening by Atty. Jacobs, and by Peter DeMallie of Design Professionals, and both would be making a brief presentation this evening.
Pointing out that this item was “for discussion only this evening” and that there was no Resolution pending for Council to act upon, Atty. Guliano continued by saying the reason this was on the Agenda this evening was because the Developer of Strawberry Fields (a development next to the recently Town-acquired Mitchell property) has made a request of the Town for an Easement over approximately ½ acre of the Mitchell property.
The purpose of the requested Easement, according to the Town Attorney, was for access to the development at Strawberry Fields. Atty. Guliano then informed Council that, in return for that Easement to be used as an access, the developer is agreeing to transfer to the Town 12 acres of open space at the rear of the Mitchell property—which additional acreage would extend the Mitchell property all the way from Sullivan Avenue to West Road.
Although there are some wetlands within the 12 acres, according to the Town Attorney, some of it is still developable. He felt that this was a significant factor. Also, he pointed out, acquisition of these 12 acres would allow the straightening of West Road if that becomes an issue the Council wishes to address in the future.
Atty. Guliano pointed out that another reason the developer is seeking this Easement is that it will allow them access to Strawberry Fields without having to tear down an historic barn at the front of their property, close to Sullivan Avenue.
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17. E. (Continued)
Also, Atty. Guliano wanted it understood that this is not an Easement the “Developer absolutely needs.” He said the Developer will probably go forward with or without this Easement. However, with the Easement, the Developer can save a historic barn—which, according to the Town Attorney, could, arguably, be of benefit to the Town because it helps delineate the vista from the development that will be going on in that area because of the development.
The third issue involved in this Easement is the fact that the Town has been talking about having a small parking lot in that area if the Town opens up walking trails, or some other form of passive recreation, in that area. Where this to be done, it could be our own access to the property. By using this access, he continued, the Town would be able to limit access from Sullivan Avenue to one (1) access route. He felt this was a safer solution than the Developer having one access, and the Town having a second—both off of Sullivan Avenue and in close proximity to each other.
One thing that the Town Attorney said he wanted to be certain of, however, was that nothing done here would jeopardize the reimbursement monies that have been promised to the Town by the State Department of Environmental Protection toward the Town’s purchase of the Mitchell property.
He said that in recent days he had been assured by representatives of the DEP that the Town will be receiving a written verification that, if we do something along these lines, it will not affect the reimbursement from the State. In fact it was suggested, he said, that the Town would not get reimbursement for the ½ acre involved in the Easement, but would have to subject some of the new property being given to be under the State limitations—sort of like swapping the parcel “in the front”—or the Easement, for the parcel “in the back.” Atty. Guliano recommended that Council agree to this arrangement.
Saying that he did not, as yet, have written confirmation of the above from the State; however, his plan is to put this item on Council’s Agenda two weeks from now; and he had been told by the State that he should have the needed written confirmation of the reimbursement in his hands before that time.
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17. E. (Continued)
Atty. Guliano then asked that the Council allow the developer and residents to make their comments. Present representing the developers were Atty. Leonard Jacobs, Traffic Engineer Jim Bubaris, and Peter DeMallie, Design Professionals. The spokesperson for the developer was Atty. Jacobs who updated the Council on where the Application for development stood with the Planning and Zoning Commission, as well as their reasons for seeking this Easement from the Town.
Questions from the Councillors to Atty. Jacobs, Jim Bubaris, Peter DeMallie, and Atty Guliano were then addressed.
Before going on, Mayor Lassman Fisher stated that she wanted the citizens to know that the Town Council had no authority over the Planning and Zoning Commission—nor can Council do anything that will bind that agency in any way. Therefore, she felt it would not be proper for Council to address any Planning and Zoning issues; and, to do so, she felt could create “chaos” with these proposed development plans.
Mayor Lassman Fisher then asked if anyone from the public wished to speak. The first speaker was Kathy Iacovelli, 1156 Sullivan Avenue who spoke against the Easement and the development because of what she felt were major safety problems, and the loss of land, wells, and septic system because of this development.
The next residents to speak, and their sentiments with regard to this development, and the proposed easement were:
Nila Bellody, 1148 Sullivan Avenue, who was against the development and easement because of what she felt would be serious safety considerations. Additionally Ms. Bellody said that the exiting of her driveway would be further exacerbated by the potential loss of land in front of her residence which would shorten the amount of “turnaround” she presently has in her driveway.
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17. E. (Continued)
Christopher Ambach, 1148 Sullivan Avenue, echoed the concerns expressed by Ms. Bellody; and felt his property was being devaluated by this construction. Mr. Ambach also stated that he had been considering an addition on his home to house his mother-in-law. He said that because of this proposed development, the architect he had hired to design this addition could wait no longer for a final decision—thus, Mr. Ambach said, he had lost the $1,400 he had paid this architect up front.
Paul Oates, 44 West Road, said that his primary reason for being here this evening was to speak on behalf of the residents of West Road. The reasons these residents were in favor of the Easement were: Acquisition of the extra 12 acres as open space, and the fact that it would complete a buffer area between the West Road neighborhood and Sullivan Avenue commercial development; and because of further preservation of open space in the center of Town.
Joel Gordon, 101 Windy Hill Drive, was present to support the Easement on the Mitchell property. He felt it was a “win/win” situation, and “just good sense.”
To clarify concerns expressed by Sullivan Avenue residents regarding the “widening of Sullivan Avenue” at that location, Atty. Jacobs stated that the widening being considered was only 3’ to 5’-all, he pointed out, in the State right-of-way. He also stated that “Senior Luxury Housing” is not going to produce noise; it’s not going to produce crime; it’s not going to produce cigarette butts all over the place.” He asked that the residents look at it in its “true setting of what it is.”
Speaking again, Ms. Bellody asked “who can ask this team of people (the developer, the residents of West Road, the designer, etc.) to find other alternatives—perhaps moving the driveway further south.
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17. E. (Continued)
Mayor Lassman Fisher replied that the Town’s agreement with the State, in order to obtain the substantial funds the State was providing for the purchase of the Mitchell property, the Town had to commit to “holding that land sacred.” A driveway further south would encroach much too far into that property. No easement, she continued, could be considered unless it “hugged” the border with this open space land.
This fact was verified by Atty. Jacobs who said that, originally, they had considered placing the driveway further south; however, had learned that if the driveway were going to be located anywhere it “would have to hug the property line.”
In conclusion, Mayor Lassman Fisher (addressing the residents of Sullivan Avenue) said that the Council had heard no other proposal for the placement of the driveway than what was heard this evening. The Mayor reminded them that they “really need to be heard by the Planning & Zoning Commission.” She did not want them to take comfort by thinking that they made their point with the Council and they were done.
Atty. Guliano said he would like to see this issue back on the April 2 Agenda as a Resolution. However, he agreed that some questions had been raised this evening that needed addressing and, perhaps this could be accomplished by that meeting.
The Mayor then thanked all the participants for being present at this evening’s meeting.
F. Discussion Item – Park and Recreation Master Plan
(Members of the Park and Recreation Commission, and Recreation Director Ray Favreau, to be present to answer questions)
Speaking for the Park and Recreation Commission was Vice Chairman Kevin McCann who presented to the Town Council the Parks & Recreation Master Plan of Development—which Plan has been developed over the past 18 months.
(Discussion Continued on Next Page)
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17. F. (Continued)
Pointing out that there were very few changes in this Final Plan from the Draft Plan presented to Council in November of 2000. Mr. McCann said he would not, therefore, be going into great detail.
Mr. McCann did point out the “Description of the Process” on the first page; and informed Council that Vinnie Wilson, Chair of the Park and Recreation Commission, did attend meetings of other agencies such as the Open Space Task Force, the Inland-Wetlands Agency and SWALPAC to review the “draft” and solicit feedback from them in June and July of last year.
Continuing, Mr. McCann said that the Planning and Zoning Commission had taken many various viewpoints into account in coming up with this Plan. He felt that, although they could not possibly satisfy everyone, the Commission had listened and was attentive to the concerns of each individual, and each commission or agency. The result of this, he said, was the Plan that had just been placed before the Council.
This was a working dynamic plan, according to the Vice Chairman; and could be changed as the needs an demographics of the Town changed—in part, because of the digitized format provided by Vollmer Associates to the Town. This format will allow the Town Council, or the Park Recreation Commission, and future Councils and P&R Commissions to work easily with the Plan and develop it as the needs of the Town changed.
In addition to addressing the recreational needs of the Town, the Plan, he continued, also contains “demographics of growth projections” produced by Vollmer Associates, based on national trends.
According to Mr. McCann, the ultimate objective of the Plan is to address current and projected recreation needs of the Town of South Windsor; and is not “a blueprint of each individual park or recreational facility” that was being proposed to the Town. But, rather, an overall view with some detailed schematics and projections of what is possible for each one of the targeted parcels in Town.
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17. F. (Continued)
The Park and Recreation Commission, he said, felt it was important to show that particular types of uses would fit on particular parcels; and would work on particular parcels. The individual plans for each site, Mr. McCann stated, are “concept plans, only which are intended to show what fits where.” The final plans for each one of these parcels will be developed as each site is developed, he said; and, as Town Council decides to develop a specific property individualized plans for each one of those parcels will be developed for that particular project.
In conclusion, Mr. McCann said that the Members of the Park and Recreation Commission look forward, in any way possible, to help in the process every step along the way. Mr. McCann then publicly named that thanked those individuals who had worked so hard to help create this Master Plan—including members of Town staff
(Further discussion ensued between Councillors and the Town Manager regarding timing of implementation, the financing of projects suggested in the Plan; and concerns about such parcels as the “Priest Property.” Deputy Mayor Havens said he did not feel this Plan should be “shelved” for any length of time—even a year, he felt, was too long. He noted, particularly, the shortage of soccer fields this year.
Speaking for SWALPAC was James Futtner a member of that agency who said he wished to address, specifically, the possible use of portions of the Priest Property for active recreational purposes. Part of that land which is currently being “farmed, he noted, was targeted for ballfields in the Plan; and, although SWALPAC has no official powers, it was created to advise with regard to preservation of farmland.
Mr. Futtner said SWALPAC members felt the preservation of farmland was “an insurance policy for our future.” He felt that the populace seemed to be losing sight of the need to produce food, locally. He noted the recent inability, because of extremely heavy snowstorms, of trucks to bring in food to the State—as witnessed, he said, by the empty shelves in the stores.
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17. F. (Continued)
Mr. Futtner pointed out that the “Connecticut River Valley” is one of the two best sites in the world designated as “prime farmland.” He felt that the successful Referendums approved by voters that preserved open space in this Town indicated the publics’ support of this concept. He said that there were other options to address the need for ballfields, and he suggested that Council explore those options rather than use open space.
G. Resolution Authorizing Mayor Marianne Lassman Fisher, on Behalf of the Town of South Windsor, to Submit an Application and Enter into a Contract for an Historic Preservation Grant from the Connecticut State Library
WHEREAS, a Public Act Concerning Real Estate Filings and the Preservation of Historic Documents (P.A. 00-146) has established a dedicated fund to improve the care of local government records; and
WHEREAS, said Public Act is intended to assist Connecticut municipalities in their efforts to preserve and manage their historic documents; and
WHEREAS, said Public Act imposes an additional fee of three dollars to be collected by Town Clerks for the recording of land records, including deeds and mortgages—two dollars of which will be forwarded to the State Library for the funding of this Historic Documents Preservation Account; and
WHEREAS, Public Act 00-146 authorizes the Public Records Administrator of the State Library to provide training and technical assistance and administer a grant program for Connecticut’s municipalities, and authorizes the State Librarian to appoint a committee to advise on the development and implementation of regulations regarding the operation of this grant program
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Mayor Marianne Lassman Fisher to execute and deliver in the name of and on behalf of the Town of South Windsor, an application and contract with the Connecticut State Library.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
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17. New Business (Continued)
At this time, Councillor Aman made a Motion to Suspend the Rules in order to include an additional Resolution, 17. H., on this evening’s Agenda.) The Motion was seconded by Councillor Streeter, and approved, unanimously. Councillor Aman then made the following Motion:
H. Resolution Setting a Time and Place for a Public Hearing on the Board of Education Budget
BE IT RESOLVED that the South Windsor Town Council hereby sets Wednesday, April 4, 2001, at 7:30 p.m., in the Auditorium of the South Windsor High School, 161 Nevers Road, South Windsor as the time and place for a Public Hearing to receive citizen input on the proposed Board of Education Budget for Fiscal Year 2001/2002.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
A Motion to adjourn was made at 11:00 p.m. by Councillor Pelkey; was seconded by Councillor Delnicki; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts.
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