PUBLIC HEARING MINUTES
APRIL 21, 2003
SOUTH WINDSOR COUNCIL CHAMBERS
7:50 P.M.
PURPOSE: TO RECEIVE CITIZEN INPUT ON THE CONSTRUCTION OF SIDEWALKS ON BIDWELL ROAD IN SOUTH WINDSOR.
The Public Hearing was called to order at 7:50 p.m. by Mayor Aman. The Clerk of the Council read the Call of the Meeting (a copy of which is attached.)
Council Members Present:
Mayor William Aman
Deputy Mayor Matthew Streeter
Councillor Barbara Barbour
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Edward F. Havens
Councillor Judith Paquin
Councillor John Pelkey
Also Present:
Town Manager Matthew B. Galligan
Finance Director Melanie Crucitti
Phil Partney, a Senior Facility Engineer with UTC Fuel Cells, began his presentation by stating that the need for the sidewalk is for the safety of his fellow associates. There are approximately 750 people at the plant during the day, and because their work is mostly research and development, many meetings are held in all four buildings.
The locations of the buildings were pointed out through the use of maps, and Mr. Partney stated that the location of the sidewalk would be from 60 Bidwell Road, across 70 Bidwell Road property, to 100 Bidwell Road property. The sidewalk would separate pedestrians from motor vehicle traffic on Bidwell Road.
Minutes
Public Hearing – Construction of Sidewalks on Bidwell Road
Page 2
April 21, 2003
The following members of the audience spoke:
Bob Costa, of 70 Bidwell Road, indicated that a large part of the sidewalk would be on his property, and he does not have the manpower or the time to maintain a sidewalk which no one who works for him will ever use. He expressed great concern over the liability issue relating to a sidewalk on his property.
Town Attorney Barry Guliano said that ordinarily it is the Town that wants a sidewalk constructed, and there is an ordinance and procedure in place for such a situation. The procedure would be used, but in a different way because it is the resident who wants the sidewalk. If it was the Town who wanted the sidewalk and the resident was not comfortable with it, the resident would have to “live with it.” However, because it isn’t the Town requesting the sidewalk, but UTC Fuel Cells who is requesting it, the Council will have to make a finding under the ordinance to put the sidewalk in, but it would be conditioned upon UTC paying for it. He suggested that there be a second change to the usual course of action that all of the abutters have to sign off on it.
Atty. Guliano said that this could be handled by the use of an indemnification agreement between UTC Fuel Cells and Mr. Costa. It can be done so that Mr. Costa can be protected; otherwise, he would have the liability for someone falling, for the repair of the sidewalk, and for clearing it.
Mr. Costa then suggested another option. He said that all of the buildings, except his, are owned by Kip Shepard, and Mr. Shepard also owns property across from Mr. Costa’s. He said the sidewalk could run on Mr. Shepard’s property and then the remaining sidewalk could be constructed to 90 and 100 Bidwell Road. The sidewalks would all be on Mr. Shepard’s property, but the problem would be that it would be necessary for individuals to cross the street twice.
Mayor Aman then called for a Straw Vote, the results of which were as follows:
Those in favor of the construction of sidewalks – 0
Those opposed to the construction of sidewalks – 4
Minutes
Public Hearing – Construction of Sidewalks on Bidwell Road
Page 3
April 21, 2003
The Public Hearing was closed at 8:00 p.m.
Respectfully submitted,
Merlyn P. Guild
Assistant to the Clerk of the Council
Attachment
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