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Regular Meeting 1/7/02
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  January 7, 2002 

                TOWN COUNCIL - Regular Meeting
Council Chambers - South Windsor Town Hall
        
                
Members Present:        Mayor William Aman
                        Deputy Mayor Matthew Streeter
                        Councillor Barbara Barbour
                        Councillor Thomas Delnicki
                        Councillor Deborah Fine
                        Councillor Lassman Fisher
                        Councillor Edward Havens
                        Councillor John Pelkey  
                
Members Absent: Councillor Burnham      
                
Also Present:   Town Attorney Barry Guliano
Asst. to Town Manager Judith A. Hall
Absent: Town Manager Matthew Galligan   
                
ITEM:

Mayor Aman called the meeting to order at 8:00 p.m.  

 5.     Public Input

The first speaker from the audience was John Morland, a resident of Chapel Hill Condominiums.  Mr. Morland was present to comment on the proposed recycling plant being planned for construction in the area of John Fitch Boulevard and Chapel Road.  

Mr. Morland read from a newspaper article in which the Owner of this proposed facility claimed that
The building being proposed for recycling, according to Mr. Morland, was a 39-foot high building containing approximately 45,000 square feet, with corrugated metal on three sides, and
Mr. Morland, stating that he and other residents understood that this was an
Recycling, he added, is a process that requires equipment that, in some cases, is
The residents in this area, he said, are requesting that the Council look into this matter, fully, and make a commitment to weigh the concerns expressed this evening.  He also added that these are concerns that should be shared by all of the residents; and, in spite of enthusiasm for economic development, it should be
Mr. Morland again stated that the business of
Mayor Aman responded by reminding Mr. Morland and other listening residents in that area that this issue is one that is better directed to the Planning & Zoning Commission
The Mayor added that, not only does this Ordinance define acceptable noise levels but
The Mayor added that the question of
Mr. Morland then asked if any of the Town
The next to speak was Diane Tanguay, Chapel Hill Condos, said he not only was concerned brought up by Mr. Morland, but was also concerned about the wildlife and
Another concern associated with this construction project that Ms. Tanguay wished Council to be aware of was the railroad spur and sitting railroad cars full of metal, etc. that would have
Next to speak to Randy Schindler, Chapel Hill Condos, who expressed her concerns
Ms. Schindler said that she was
Ms. Schindler said she wanted assurances from the Town Council that it was going to
On another matter, the next speaker was Paul Bienkowski, Ellington Road, who thanked Councillor Havens for bringing this evening
Stating that he is a friend of Mike Donnelly, and has known him for most of Mr. Bienkowski
Mr. Bienkowski pointed out that Major Donnelly
Mr. Bienkowski felt that what was being proposed in this evening
 6.     Environmental Health & Safety Message  -  None


7.     Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Work Session of November 19, 2001; Special Work Session of November 26, 2001; Public Hearing Minutes of December 3, 2001 (Re: Appropriation from the Capital and Non-Recurring Expenditure Account to Cover Architectural and Engineering Expenses Associated with Phase I of the South Windsor Housing Authority
Was made by:    Deputy Mayor Streeter
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

8.     Public Petitions  -  None

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

10.     Communications and Reports from Town Manager -  Stating that there would be no Town Manager
Atty. Guliano then gave the following update on the status of the appraisal of the
One matter of note, according to Mr. Wood, is that some of the articles in the collection are owned by Mr. Harvey
Of note, was the fact that it was originally thought that the cost to the Town would be in the $70,000 to $80,000 range; however, Mr. Wood indicated to Atty. Guliano that it would be more in the range of $40,000.  The two items in the collection owned by Mr. Harvey
Continuing, Atty. Guliano said that, in terms of the appraised value of the collection, it is in excess of $200,000
Councillor Lassman Fisher said she had been waiting

It was Councillor Lassman Fisher
Stating that she felt this collection would be a significant asset to our community, the Councillor said she hoped that the next time someone came forward and made an offer such as this to the Town, they would receive  
In conclusion, Councillor Lassman Fisher stated, once again, that the Town should
Councillor Delnicki asked the Town Attorney if the Council would have another opportunity to reaffirm the purchase of this collection.  He remembered discussing this during the discussions surrounding the initial Resolution, and looking into what it would actually cost to house this memorabilia collection.  The Councillor thought that, at the time the Resolution was passed, the Town Attorney felt that the legislative intent was that the Council would have another opportunity to vote on this.

Atty. Guliano said his recollection was that, initially, he thought there were circumstances under which the Town would not be obligated to purchase the collection
Councillor Delnicki said that his recollection was that one of the main concerns surrounding this purchase, during the initial discussions, was what it would cost to
Adding that he applauded Mr. Harvey for offering this collection; and happy with the appraisal being what it is; he continued to need to know what it would cost to house this collection and property display it.

Atty. Guliano replied that, in terms of the current status of the agreement, he would be able to provide a definitive answer by the next Town Council meeting.  By that time, he said, he hoped to also have the Appraiser
Councillor Lassman Fisher, in response to Councillor Delnicki
What Councillor Lassman Fisher said she felt was important is that the Council not tell its residents, and even pass a Resolution to that fact, that it is going to do something and then turn around and
Councillor Lassman Fisher felt strongly that in consideration of others in the future that may wish to come forward and offer the Town collections, etc. of value such as this one (which, she added, turned out to be a $150,000 gift), it was important that Council not
The Councillor pointed out that the vote on purchasing this collection was 8 in favor, and one against, with the condition that if the value of the collection did not reach the purchase price, then Council would have the opportunity not to purchase it.  Again she pointed out that, in this case, that does not apply since the apparent value of the collection far outweighs the purchase price.

Saying that he was speaking for himself, Councillor Havens said he has not seen the collection; and asked how many on the Council have seen it (most had not),  Councillor Havens felt that a date should be set when all the Members of the Town Council could view the memorabilia
Deputy Mayor Streeter agreed with the remarks made by Councillor Lassman Fisher that at the time of the Resolution action, it was determined that an appraisal would be conducted, after which the Appraiser would recommend the best way to preserve this collection.  As a Member of the Space Needs Subcommittee of the Town Council, the Deputy Mayor said that this had been one of their topics

The Deputy Mayor, too, agreed with Councillor Lassman Fisher
Councillor Fine said she was of the opinion that the Council voted for this purchase pending the appraisal.  Now that the appraisal has been received, she continued, and the Town has been made aware of the fact that it would be receiving something worth more than its cost to the Town, she felt the Council should not lose sight of the collection
At the conclusion of this discussion, Town Attorney Guliano said he would provide the information requested this evening at the Town Council
11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

ITEM:

13.     Communications and Petitions from Council

Councillor Lassman Fisher said she wished to inform the public on the status of the installation of the fuel cell at the High School.  She said that the Town committee overseeing this installation has been meeting
Continuing, the Councillor reported that about three meetings ago, the committee was informed that the Board of Education would like the fuel cell installed by August 15
Councillor Lassman Fisher, concluding her remarks, said that it is imperative that the Council vote, and approve, the two (2) contracts involved in this project
These two contracts, she said, along with the final funding agreement by the Ct. Clean Energy Fund must be finalized by January 22, 2002 in order to get it before the TownCouncil.

Atty. Guliano added that a
Saying that there will probably be further changes after this, Atty. Guliano continued to feel that receiving a copy at this juncture would bring Council up to date on the standing of these contracts.  He then reiterated Councillor Lassman Fisher
Adding one more item, Councillor Lassman Fisher reminded Council that all Members of both the Town Council and the Board of Education have been invited to these meetings
Assuming these agreements are approved on January 22 and then put in place, Councillor Lassman Fisher felt these weekly meetings would then taper off because it then becomes the job of the fuel cell company to create the fuel cell and acquire the site plan, etc.  With this in mind, the Councillor advised that anyone wishing to attend these committee meetings after January 22 then check the schedule before coming to the Town Hall, or IFC.

Referring to a meeting she had been invited to attend by CEF at which CEF made a
Again, the Councillor stressed, many other communities wanted this fuel cell.  South Windsor, she added, is going to be the
14.     Public Participation  -  None

Councillor Pelkey then moved to address Agenda Item 17. D. at this time.  The Motion was seconded by Councillor Delnicki; and approved, unanimously


ITEM:

17.     D.

D.      Resolution Approving the Designation and Naming of South Windsor
(Councillor Havens)

WHEREAS, the South Windsor Town Council has, for some time. sought to recognize, in a significant way, one of this Town
WHEREAS, as a result of his brave and selfless service in the Persian Gulf War, he contracted ALS (Amyotrophic lateral sclerosis, or Lou Gehrig
WHEREAS, after six years of courageous and impassioned efforts on behalf of his fellow Gulf War Veterans, and while suffering greatly himself from the disease, Major Donnelly has won the first step in his own private battle to prove that there is, in truth, a direct connection between participation in that War and the contraction of ALS; and

WHEREAS, because of Major Donnelly
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, on behalf of its residents, and in recognition of Major Michael Donnelly and his family, and other Persian Gulf War Veterans and their families who, because of their dedication to duty and the call of their Country to serve in this region, have suffered and lost much to this debilitating disease, wishes to thank Major Michael Donnelly for his heroism; and to

thank he and his wife Susan Allen Donnelly, his daughter Erin, his son Sean, and his parents Tom and Rae Donnelly for the difference they have made in the quality of life for many of those brave men and women who fought the War in the Persian Gulf, by approving the designation of South Windsor
Was made by:    Councillor Havens
Seconded by:            Councillor Barbour

Councillor Havens thanked the Council for their apparent support of this Resolution.  The Councillor then pointed out that Mr. Tom Donnelly (Michael Donnelly
Councillor Havens said that this proposal was one he had thought of seven or eight months
Mayor Aman then thanked Councillor Havens for bringing this Resolution forward.  He felt that by naming an open space parcel in this manner the Council was not only recognizing Major Donnelly but was also recognizing the fact that in modern warfare there were many
The Mayor felt that through the actions of Major Donnelly it may now be much easier, in the future, for veterans to come forward with problems and concerns of this nature and have these concerns taken much more seriously by the U. S. Government.  He pointed out the years of problems, following the Vietnam War, convincing the U.S. Government of the correlation between certain illnesses being experienced by those veterans and
The Mayor
Councillor Pelkey, too, thanked Councillor Havens and said that he concurred with all that has been said this evening regarding this Council action.  He then asked to amend the Resolution to include, after the mention of Major Donnelly
Again, this Amendment was duly seconded.  Councillor Havens then stated that sometime this coming Summer, a major presentation will be made to Major Michael Donnelly and his family.  

The second Amendment was unanimously approved.

Councillor Pelkey then pointed out that, because of the efforts and success of Major Donnelly to win recognition, nationwide, of the connection between the Persian Gulf War and ALS, the occasion of this dedication would warrant an invitation to the President of the United States to attend.

Councillor Barbour, saying she wished to go on record, to say that she wanted everyone to be mindful of the fact that this Preserve, or Park, would be for the
Councillor Lassman Fisher, too, added that many people have asked about the future use of that park; and she wanted them to know that the land would
War was perceived as the
Mayor Aman said he wished to make it clear to those listening that this parcel of land was purchased as open space with the hope that, someday, there would be
The Mayor then called for a vote on the Amended Resolution.  It was approved, unanimously.  

Councillor Pelkey then made a Motion to move Agenda Item 17. F. up to this point in the meeting.  The Motion was seconded; and approved, unanimously.
However, before commencing with 17. F., Mayor Aman asked if someone from the Donnelly family wished to come forward and speak.  Mr. Thomas Donnelly, Main Street, addressed the Council by stating that his son, Michael, and the family, were very pleased, and moved, by this thought.  He reminisced that he had spent a night
F.      Resolution for Town Council Endorsement of Proposed Open Space, Mannarino Subdivision, Avery Street

WHEREAS, the Open Space Task Force has reviewed proposed Mannarino subdivision open space located on the east side of Avery Street, north of Cutler Ridge II subdivision and south of Chase Orchard subdivision; and


(Resolution Continued on Next Page)

ITEM:

17.     F.      (Continued)

WHEREAS, the proposed open space received a favorable rating for Town ownership because some of this open space is adjacent to Avery Street and the interconnection to other open space is strong; and,

WHEREAS, the Open Space Task Force has recommended that the Town Council endorse acceptance of the proposed open space as Town-owned open space;

NOW, THEREFORE, BE IT RESOLVED that the Town Council endorses the acquisition by the Planning and Zoning Commission of the proposed Mannarino subdivision open space as Town open space.

BE IT FURTHER RESOLVED that the Town Council requires that the debris on the subdivision open space be removed prior to future Town Council acceptance.

Was made by:    Deputy Mayor Streeter
Seconded by:            Councillor Delnicki

Patricia Botteron, Chairperson of the Open Space Task Force, then came forward to endorse (on behalf of the Task Force) the acceptance of this subdivision open space as Town ownership.  She then provided a map of the proposed open space for the Council
Ms. Botteron then, very briefly, summarized the information sent to the Town Manager regarding this proposed subdivision open space; and then answered questions from Council.

Councillor Lassman Fisher noted that she wished to make it clear to the listening public that abutting landowners will be notified when this issue comes before Planning and Zoning
The Mayor then called for a vote on the Resolution.  It was approved, unanimously.


ITEM:

15.     Consent Agenda

Motion to approve Agenda Items 17. A., B., and C. as the Consent Agenda.

Was made by:    Councillor Fine
Seconded by:            Councillor Pelkey

Deputy Mayor Streeter then asked to remove Item 17. C. from the Consent Agenda.  The Mayor then called for a vote on the amended Consent Agenda.  It was approved, unanimously.


16.     Unfinished Business

Resolution Amending South Windsor Town Council Rules and Procedures (Article IX, Section 7)
(Councillor Delnicki)

BE IT RESOLVED that the South Windsor Town Council Rules and Procedures, Article IX, Section 7, Item a.
The purpose of this committee shall be to study our problems of both public health and safety, and bring to the attention of the Council whatever measures the committee believes necessary to improve our standards in both of these fields; also, to maintain liaison between the Board of Education, the Planning and Zoning Commission, the Town Manager, the Water Pollution Control Authority, the Volunteer Fire Department, the Volunteer Ambulance Corps, and the Council.

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

ITEM:

17.     New Business

*A.     Appointment of Philip Forzley (D) to the Inland-Wetlands Agency to Fill the Unexpired Term of John O
BE IT RESOLVED that the South Windsor Town Council appoints Philip Forzley to the Inland-Wetlands Agency to fill the unexpired term of John O
(APPROVED BY CONSENT AGENDA)

*B.     Resolution Approving a Refund of Property Taxes to Seven (7) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to seven (7) South Windsor taxpayers, said refunds totaling $2,623.14, and as shown on attached Exhibit A.

(APPROVED BY CONSENT AGENDA)


C.     Resolution Approving Mayoral Appointments to Standing Committees, and as Liaisons to Boards and Commissions

BE IT RESOLVED that the South Windsor Town Council approves the Mayoral appointments to Council
Was made by:    Councillor Fine
Seconded by:            Councillor Pelkey

Both Councillor Fine and Deputy Mayor Streeter had comments and questions on these appointments.  Following a brief discussion, a Motion was made by Councillor Pelkey to remove the
Following this, Deputy Mayor Streeter Moved to Table this Resolution.  There was no further discussion on this Item.

ITEM:

17.     New Business   (Continued)


D.      (Addressed and voted upon previously.)

E.      Discussion Item  - Report by
The Mayor then asked the Town Attorney if he had a report from this Committee.  Town Attorney Guliano said he did, and would briefly explain it to Council.   (A copy of the
Atty. Guliano explained that this had been discussed at the last meeting of the Council in December.  There had, he said, been a change in Voting Districts brought about by the State of Connecticut by creating a 7th Voting District in South Windsor that would now be in a new State District, and would have a State Representative other than Rep. Nancy Kerensky.

As a result of this, according to Atty. Guliano, a
Saying that the
Atty. Guliano also conveyed to Council that the Redistricting Committee wanted this new District created by the State in South Windsor to be known as the
ITEM:

17.     E.  (Continued)


In terms of
What the
Mayor Aman said that he had no problem with this Committee if the original Resolution creating it did not disallow for a continuance of its activity.  Should it be discovered that this was the case, Mayor Aman asked the Town Attorney for a Resolution for Council
Atty. Guliano said he would do this; and, if it was necessary, would have another Resolution at the next Town Council meeting.

F.      (Addressed and Voted upon, previously.)

G.      Resolution Authorizing the Town Manager to Execute a Partial Release of a Conservation Easement at Westview Office Park

WHEREAS, the owners of Westview Office Park are requesting a partial release of a Conservation Easement on their property at Westview Office Park to allow them to provide fifteen (15) new parking spaces at the northerly end of the site, all of which are along the property

(Resolution Continued on Next Page)

ITEM:

17.     G.  (Continued)


WHEREAS, a Public Hearing was scheduled on this request, pursuant to the Town of South Windsor
WHEREAS, a Public Hearing was conducted on January 7, 2002 at which the public and the Planning and Zoning Commission, and the Inland/Wetlands Agency were given an opportunity to provide input to the Town Council

NOW, THEREFORE, BE IT RESOLVED that pursuant to said Ordinance, the South Windsor Town Council hereby authorizes the Town Manager to execute a partial release of the Conservation Easement, as requested, in a form to be approved by the Town Attorney.

Was made by:    Councillor Lassman Fisher
Seconded by:            Councillor Pelkey\

Deputy Mayor Streeter immediately Moved to Table this Item; it was duly seconded, and approved, unanimously.

18.     Passage of Ordinance  -  None

19.     Communications and Petitions from Council (Continued)  -  Mayor Aman reported that, earlier this week, he, Board of Education Chairperson Kathleen Daugherty, Town Manager Matthew Galligan, and Superintendent of Schools Joseph Wood had met to discuss
The Mayor said he had then requested that Council, too, receive a copy of the Board
ITEM:

19.  (Continued)


According to the Mayor the Board of Education also requested
Along this line, Councillor Pelkey reminded Council that a
20.     Executive Session   -  None

21.     Motion to Adjourn

A Motion to Adjourn was made at 9:40 p.m., duly seconded, and approved, unanimously.


Respectfully submitted


                                                
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A. and B.)