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Regular Meeting- 4/1/02
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  April 1, 2002   

                        

TOWN COUNCIL
Council Chambers

        Members Present:        Mayor William Aman
Deputy Mayor Matthew Streeter (Left at 10:15 p.m.)
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Lassman Fisher
Councillor Edward Havens
Councillor John Pelkey  
                
Members Absent: Councillor Barbara Barbour
Councillor Deborah Fine
        
Also Present:   Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                

Mayor Aman called the Regular Meeting to order at 8:00 p.m.; immediately recessed it to conduct a scheduled 8:00 p.m. Public Hearing on the Proposed General Government Budget for Fiscal Year 2002/2003; and reconvened the Regular Meeting at 8:15 p.m.

ITEM:

 5.    Public Input


The first speaker this evening was Atty. Hal Cummings who was present to discuss, what he understood to be, the current status of the ongoing discussions between the Town and his clients about the possible by the Town of the property known as
Prior to Atty. Cummings


ITEM:

5.     Public Input  (Continued)


Atty. Cummings said he was present on behalf of Walter Foster and the Estate of the late Evelyn Foster, to briefly explain a letter he (Atty. Cummings) had sent to the Town Council on March 20, 2002 on behalf of the Fosters.  Stating that his presence here this evening was not, in any way, meant to be adversarial or confrontational, Atty. Cummings gave a brief historical report on the Foster Family; and then went on to explain what was intended by that letter.  

It was pointed out by Atty. Cummings that, over a year ago and following the death of Evelyn Foster, the opening bid from a
Atty. Cummings said that Walter Foster
In closing, Atty. Cummings stated, emphatically that,
Saying that he agreed mostly with what Atty. Cummings had indicated, Town Attorney Barry Guliano asked for an opportunity to present the Town
Atty. Guliano then recommended to the Council that an Executive Session be scheduled where the specific negotiations desired by the Council could be turned over to the Town Attorney and the Town Manager
Saying, however, he wished to
ITEM:

5.     Public Input  (Continued)


After going over the points made by Atty. Cummings that he felt were correct; Atty. Guliano, referring to the appraisal done for the Town, said that discussions had dealt with
At the time of the appraisal, according to Atty. Guliano, the total value of the property at that point was $1.86 million; and, of that, the
Another understanding, according tot he Town Attorney, was that
According to the Town Attorney, the first time the Town did receive a formal offer was at a meeting on March 4, 2002 between Atty. Cummings, Town Manager Matthew Galligan, and himself.  At that point, he continued, there was an indication that the Fosters wanted to
Additionally, the Town Attorney said that at this same meeting, and for the first time, the Town had learned that the Fosters were not just seeking to hold title to the property while they farmed the land; but, were now talking about



ITEM:

5.     Public Input  (Continued)


Fosters
Again, Atty. Guliano stated that the first time the Town had heard of
It was this offer, according to the Town Attorney, that the Town responded to with its own offer by which the Town was seeking title to the property with a long-term lease to the Fosters to farm the property for a period of time
Continuing to explain the Town
Atty. Guliano said this was the offer made by the Town; and he added that, to date, he has never received a response to that offer but, instead, was the letter to the Mayor, referred to by Atty. Cummings.  In terms of that letter, according to Atty. Guliano, it essentially indicated the
He cautioned, however, that the letter states

ITEM:

5.     Public Input  (Continued)


At this point, Atty. Guliano noted that there were Members of SWALPAC and the Open Space Task Force present this evening.  He felt that if these Members were going to
Assuming that this remains an open negotiating option, Atty. Guliano again suggested that the business of these negotiations be conducted as is done by all municipalities through the negotiation process rather than debating it in public, an in an Executive Session.

Atty. Cummings then rose to state that he
According to Atty. Cummings, if the Town
Next to speak from the public was Honora Futtner, 1629 Main Street, who stated that she was a
Restating that the Town wants to buy the land, outright, rather than buying the development rights, Mrs. Futtner said this would mean there is nothing to stop


ITEM:

5.     Public Input  (Continued)


development from coming on to this land at any given time
Connecticut
Concluding her remarks, Mrs. Futtner asked the
The Mayor, at this juncture, asked for a consent of the majority of the Council to continue beyond the 20 minutes allowed for Public Input.  The Council so consented

Coming forward at this time was Katherine Hale, 54 Orchard Hill Drive, who was present to speak in support of the Town
Atty. Hale said she was present representing herself and the people of South Windsor, including her own family.  She suggested that if a stipulation in the agreement had to be included which gave the Town the

ITEM:

5.     Public Input  (Continued)

Once the Town owns the
Atty. Hale pointed out, that with zoning changes to ½ acre lots, 92 acres could accommodate up to 150 houses built on this land.  She equated that with 150 houses, in South Windsor it could mean 300 children; 300 children would require a new school, or additions to three (3) existing schools.  A new school, she emphasized, would cost the Town
In conclusion, Atty. Hale said she felt that the asking price of $1.7 million was a
On another matter, Atty. Cummings again came forward to remind Council that he had recently brought before the Town Council a Petition on behalf of the 5 residents on Petersen Way with regard to the proposal by Connecticut Light and Power Company to install additional power line poles residents along Petersen Way for purposes of installation of two (2) 23,000 kilowatt transmission lines.  

Saying that there have been a series of meetings on this issue with Town Manager Matthew Galligan; and, it is Atty. Cummings
Agreeing that these additional utility lines were needed to meet the Town
ITEM:

5.     Public Input  (Continued)

He asked that, in light of the significant revenues The Town anticipated from the development of Buckland Road
In conclusion, Atty. Cummings said he has filed a Petition with the Department of Public Utility Control (DPUC), and under Conn. General Statutes, before a power line of this type can be put down a residential street, either the consent of the neighbors (not given, in this instance), or an order from the DPUC must be obtained.  He said he anticipates that Hearing process to continue.

Another person to address this issue was Peter DeMallie, 35 Petersen Way, who said that, for the record, and as a resident of Petersen Way, he, and his neighbors wished to have the opportunity to participate in the process of determining where these power lines are located.  He said that, to date, they have not been asked to participate.  If the Town, he continued, decides to take a position on this, the residents of Petersen Way would like to participate in the decision-making process.

Mr. DeMallie informed the Council that there are
Town Manager Matthew Galligan responded that he totally disagreed with remarks made by Mr. DeMallie with regard to the residents being included in the process.  He informed Council that this has been an ongoing process with CL&P which has included numerous Public Hearings.  The Town Manager also stated that he met on at least two occasions with the residents, and another meeting with CL&P.  

Mr. Galligan said that his office has done everything to try to work with the residents of this area
ITEM:

5.     Public Input  (Continued)

Continuing, Mr. Galligan said that CL&P has agreed not to put any poles on the residents
6.      Environmental Health & Safety Message  -  None

7.     Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Regular Meeting of February 19, 2002; Regular Meeting of March 18, 2002; and Special Work Session of March 25, 2002.

Was made by:    Councillor Delnicki
Seconded by:            Councillor Pelkey
The Motion was: Approved, unanimously

8.     Public Petitions

Mayor Aman read a copy of a Petition received by the Town of South Windsor
ITEM:

8.      Public Petitions  (Continued)

Town Manager Galligan, in response to the Petition, added that the Town would now use the Petition as the
Saying that he had received a number of phone calls concerning the
Mayor Aman agreed that such a meeting was in order.


9.     Communications from Officers and Boards Directly Responsible to Council -  None

10.     Communications and Reports from Town Manager

The Town Manager spoke on the status of the I-291 corridor, saying that the project
Regarding the CRRA/Enron situation, Mr. Galligan reported that he and Mayor Aman continue to attend meetings with representatives of other affected municipalities.  Gov. Rowland, he said, has asked the current Board of Directors of CRRA to resign; and, in the process of assembling a new Board, will probably include representatives from membership Towns.  

ECS Funding, he said, is


ITEM:

10.     Communications and Reports from Town Manager  (Continued)


Mr. Galligan said that the Soccer Club is putting in an application for a Grant to the National Soccer Association.  In order to do this, he continued, the Club must show that they either own land; or that the Town has land they are willing to lease to the Soccer Club for 10 or 15 years (depending on the stipulation made in the Grant).

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  - None

13.     Communications and Petitions from Council

Mayor Aman said the CRRA issue had already been discussed to some degree.  However, with regard to the new members of the CRRA Board of Directors, and local representation on same, the Mayor asked who would be appointed to this Board
He had received a letter regarding our Blight Ordinance with regard to a problem on Graham Road.  This, he said, was passed on to the Town Manager for staff
Councillor Havens then read his Memorandum to the Town Council regarding his request for a Resolution on the next Town Council Agenda adding funds to the Board of Education

ITEM:

13.     Communications and Petitions from Council  (Continued)


Councillor Lassman Fisher, addressing Councillor Havens
Councillor Lassman Fisher asked for a
Mayor Aman agreed, stating that if this is going to be presented to Council as a Resolution, a formal response was in order.  He added, however, that he too had heard that if the Board of Education had received $120,000 more, there were other programs they would fund before SWEPT.

On another topic, Councillor Lassman Fisher addressed the issue of the Foster Farm and said that as she understood it this was a contract negotiation that was conducted in an Executive Session
Now, she continued, this has all changed because the sellers of the property have chosen to make this a public issue.  Councillor Lassman Fisher said she was not certain what Council could now do
Town Attorney Guliano replied that it was the last statement; and this, he said, is why the State Legislature allows an Executive Session to discuss the purchase or lease or property.  He pointed out that if the
ITEM:

13.     Communications and Petitions from Council  (Continued)

Atty. Guliano went on to state that, if negotiations are still going on (and he has heard from Atty. Cummings that they had ended
Councillor Lassman Fisher then said that those present at the Executive Sessions regarding this issue have
Atty. Guliano informed the Council that there is no way the Town can stop
Referring to the memorandum from Councillor Havens regarding the addition of the SWEPT program in the Board of Education
Councillor Pelkey thanked Councillor Havens for his Memorandum; and agreed that it was a subject that should be brought up for public debate or discussion of the Town Council.  He, too, felt there was money to be found that could cover the cost of this program.

Referring to the budget presentations made by Board of Education Chairman Kathleen Daugherty, and Town Manager Matthew Galligan, Councillor Pelkey pointed out the reference, in both cases, to the
ITEM:

13.     Communications and Petitions from Council  (Continued)

and how these strategic goals apply within the Town budget.  The Councillor also felt that it applied when approaching the funding or not funding of the
Councillor Pelkey also took exception to Chairman Daugherty
Councillor Delnicki asked the Town Attorney how the Town Council could
Atty. Guliano said it would depend on what Resolution is going to be made.  If, he continued, it is a Resolution specifically amending the Budget
Councillor Delnicki concluded by saying that he was most concerned about the effect of such a Resolution on the residents
According to Councillor Delnicki, if a number of amendments could be considered, prior to the actual action on the Budget, it would make for a
Again, Councillor Havens stressed that he wanted a Resolution on the Council Agenda, as soon as possible, addressing the addition of $163,000 to the Board of Education
Mayor Aman said he knew that the Board of Education has discussed the SWEPT program by the hour.  He agreed with Councillor Lassman Fisher
ITEM:

13.     Communications and Petitions from Council  (Continued)

Councillor Lassman Fisher then stated that her question is
14.     Public Participation  -  None

15.     Consent Agenda  -  None

16.     Unfinished Business  -  None

17.     New Business

A.      Resolution Approving a Refund of Property Taxes to 15 South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to 15 South Windsor taxpayers, said refunds totaling $11,070.95, and as shown on attached Exhibit A.

Was made by:    Deputy Mayor Streeter
Seconded by:    Councillor Delnicki
The Motion was: Approved, unanimously

B.      Discussion Item
Chief Tyler came forward to go over the Police Department
Before going over the monetary aspects of his Budget, the Chief said he wished to direct Council
ITEM:


17.     B.   (Continued)

Following a more extensive explanation of these
18.     Passage of Ordinance  - None

19.     Communications and Petitions from Council  (Continued)  -  None

20.     Executive Session

A Motion was made, at 10:50 p.m., by Councillor Delnicki to go into Executive Session to discuss pending claims and litigation; and to discuss the possible purchase of real estate, or an interest in real estate, by the Town.  The Motion was duly seconded; and  approved, unanimously.  (Atty. Guliano asked that it be noted, for the record, that the Council was inviting into this Executive Session the Chairperson of the Open Space Task Force; the Chairperson of SWALPAC; and Director of Public Works Michael Gantick; and Jeff Folger, Environmental Planner/Conservation Officer.)

21.     Motion to Adjourn

        Following the Executive Session, a Motion to Adjourn was made at 11:59 p.m. by Councillor Pelkey; seconded by Councillor Delnicki; and approved, unanimously.



Respectfully submitted,


                                                        
Patricia R. Brown
Clerk of the Council

Attmt.