TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 MARCH 15, 2004
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor William Aman
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
Also Present: Asst. to the Town Manager Judith Hall
Town Attorney Barry Guliano
Absent: Town Manager Matthew B. Galligan
Mayor Havens called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message - None
7. Acceptance of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council meetings: Work Session of February 2, 2004; Regular Meeting of February 2, 2004; and Regular Meeting of February 17, 2004.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Judith Hall introduced herself to the listening public, stating that she is Assistant to the Town Manager, and was sitting in for Mr. Galligan this evening who is as a “Fuel Cell” Conference. Mrs. Hall then introduced Karl Reichle, Superintendent of Parks and Grounds and the Town’s Tree Warden.
Mr. Reichle reported on a Public Hearing he held, as Tree Warden, regarding the removal of brush and trees from approximately 17 acres at the corner of Lawrence and Dart Hill Roads. At this Hearing, Mr. Reichle reported, there were about 43 people in attendance, of which about 32 spoke.
According to the Superintendent, the original plan was to go in and “clear-cut this area to remove all of the brush and all of the trees.” However, he added, after much input from the public, some Town Councillors, and members of Town staff, his decision, made on March 8, was that the Town go in there and remove the “Autumn Olive” (a very invasive species), the trees along the gravel access road in the back (to permit emergency vehicles entrance to the back of the property), the “Wildrose Multiflora” and the “Sumac” growing in there.
Continuing, Mr. Reichle, said that any person, corporation, or group of persons have until March 18 to appeal his decision to Superior Court if they disagree with that decision. He asked if Council had any questions.
Mayor Havens asked Mr. Reichle if it was not correct that this was a “significant change in the original plan.” Mr. Reichle replied that it was; that, originally, Town forces were going to “remove everything that was there.” After considerable input from the residents, and after numerous visits to the site by Mr. Reichle he said he changed the plan to “leave most of the trees in place”—with the only trees being removed, now, are the ones along the access road.
ITEM:
10. Communications and Reports from Town Manager
Councillor Streeter asked if there would be “considerable cost savings” now that the Town would not be clear-cutting the whole area. Mr. Reichle responded that this was not the case—that one contractor had submitted a lower bid for clear-cutting because they felt clear-cutting it was an easier job.
When asked by Councillor Streeter if the trees now being left, and not cut, would be considerably larger in 5 or 10 years. Mr. Reichle replied that most remaining trees were “birch, alders, and poplars” which, he emphasized, will certainly have acquired significant growth in 5 or 10 years.
Deputy Mayor Pelkey, for clarification, asked the size of the trees to be taken down. Mr. Reichle agreed that most were “saplings,” and that there is, currently, “nothing in that whole property that is over 8 inches in diameter.
Councillor Aman asked if his understanding was correct—that “all those saplings are going to stay?” Mr. Reichle replied “Yes.” The Councillor asked how the Town was going to maintain this area a year from now when the Autumn Olive and other invasive species start to grow back. Mr. Reichle said that the Town, now, would go in and mow out the invasive species; and when these species begin to grow out again in the early Summer months, the Town would be returning to “chemically treat each of the stumps.”
Following Mr. Reichle’s report, Mrs. Hall called the Town Council’s attention to the copy of a letter it had received from FEMA regarding the Flood Insurance Study. She then asked Director of Public Works Michael Gantick to address this issue.
Michael Gantick, Director of Public Works, stated that the Mayor had only today received a letter from FEMA (Federal Emergency Management Agency) regarding a meeting to be held tomorrow (March 16) with staff about a “recently revised flood study for the Town of South Windsor.” Every ten years, he added, FEMA does an “update” on the Town’s flood studies, or when something occurs in Town to necessitate a change.
Several years ago, the “Avery Street Dams” were constructed—and this, indeed, led to a revision of the flood “mapping” for that section of Town in a “positive” way by changing the flood limits and, in some cases, alleviated the need for Flood Insurance for some residents
ITEM:
10. Communications and Reports from Town Manager
The meeting tomorrow, according to Mr. Gantick, was being held by the DEP and FEMA personnel to go over some of the most recent change to have occurred, and to provide an update on the flood study. At this meeting, he added, the Town Engineer will request that a meeting be held at a more reasonable hour for the public to be in attendance (in the evening). When this new meeting date is set, Mr. Gantick said that residents whose property could be affected by this change would be contacted.
In conclusion, and at this point, Mr. Gantick said he really could not tell the Councillors whether there would be a positive or negative impacts—however, his “inkling” is that most of these are “positive” from the owners’ perspective. He reiterated that the meeting “is open to the public;” and will be held tomorrow, March 16, at 10:00 a.m., here in the Town Hall. He informed those listening that a copy of the “mapping and the report” are in the Town Engineer’s Office and are available for public viewing.
Mayor Havens asked Mr. Gantick to return to Council with a further report on this meeting.
Councillor Aman asked Mr. Gantick if the people who have property within the floodplain where the mapping has changed have been notified of these changes by anyone. Mr. Gantick responded that he did not know. The Councillor stated that, basically, “having your land classified as a floodplain, in Connecticut, makes it worthless;” and he did not wish a resident to learn (two years hence, for instance), that his/her property had been reclassified and he/she had never been notified of this fact.
Councillor Aman asked that someone in Town Hall review those maps and get the word out to those people who were impacted and who may want to come forward to talk about it. He noted Main Street, in particular, where he felt a “very small change” in where the floodplain line ended up would make a piece of property “worth a lot more money or, virtually, worthless.”
Following Mr. Gantick’s statement, again, that this was the reason for tomorrow’s meeting, Councillor Aman asked how many people were aware of this meeting.
ITEM:
10. Communications and Reports from Town Manager
Deputy Mayor Pelkey said he was very concerned about this because his Condo Association has been “fighting this issue for the last two years” because of the major impact on them. Continuing, the Deputy Mayor said that, in their case, the Condominiums were reclassified which resulted in their placement into a floodplain—resulting in the doubling (and in some cases, tripling) of insurance premiums.
The Deputy Mayor warned residents living near the Connecticut River, or any “brook or stream” to be aware of this study and very conscious of attending tomorrow’s meeting or the evening meeting to be requested by the Director of Public Works.
Mayor Havens reminded Mr. Gantick that, if there are any significant changes, the Town Council be made aware of it. Mr. Gantick said he would know more after tomorrow’s meeting.
Councillor Delnicki suggested that the “maps” being discussed tonight, and currently available in the Engineering Department, be posted somewhere on the Town Hall’s Main Floor (in the lobby, the Council Chambers). He also asked if the Town, presently, had an existing overlay for the Town depicting exactly where the floodplain locations are. Mr. Gantick said that the Town does; however, he did not feel there was “a real accuracy to it.”
Councillor Pendleton asked Mr. Gantick if there is a means, within the Town Hall, for a resident to call in, give their address, and be informed whether they are or are not in a floodplain. Mr. Gantick replied that he guessed there was. The Councillor then asked if residents would be receiving something from FEMA whereby a comparison can be done with FEMA’s old map. Mr. Gantick said that was going to be requested; but reminded the Councillor that the mapping being used was not an “A-2 accuracy” (most accurate survey capability); but, rather, merely a general guideline that could be “off” by five or ten feet.
Councillor Delnicki asked if anyone on the Inland/Wetland Agency had been informed of this meeting; and would they be in attendance. Mr. Gantick said that Jeff Folger, the Town’s Environmental Planner/Conservation Officer, has received a copy of the letter.
ITEM:
10. Communications and Reports from Town Manager (Continued)
The Councillor felt that the Chairperson of the Inland/Wetlands Agency should be informed because of their experience dealing with these issues.
Deputy Mayor Pelkey asked for a “continuance” on this issue so that the word can be sent out to those affected by these determinations.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Mayor Havens read the “thank you” letter from the Spielman family thanking the Town Council for naming a small section of what was formerly “Ellington Road” after their father.
Councillor Aman said that, after the Council’s prior discussion regarding playing fields—their condition, and the Town’s liability when injuries occurred—he had asked the Town Manager to contact CIRMA to secure information with regard to the total number of injury cases occurring, in Connecticut, on municipal ballfields over the last five (5) years, or some other convenient time period.
The Councillor said that, in response to that request, CIRMA has replied, and he found their reply “very surprising.” Councillor Aman then read excerpts from CIRMA’s letter; i.e.
“The majority of our playground-related claims are for injuries from Playscapes,” or playground equipment.
“Filed claims due to poor field conditions are few.
In reviewing over 150 playground sports CIRMA-member claims, only one claim due to field condition was found—that being for an ankle injury sustained by accidentally stepping into a hole; and the medical claim was for $24.
ITEM:
13. Communications and Petitions from Council (Continued)
Deputy Mayor Pelkey asked his fellow-Councillors to think about ways of reducing the amount of paper (i.e., Minutes) that Council receives prior to each Regular Meeting. He suggested, perhaps, putting the Minutes on a floppy disc, sent on to the Council Members; and each Councillor could store them in whatever form they wished on their own computers, etc.
A discussion followed regarding dollar savings by reduction in paper use; being more “environment friendly;” the legal parameters that would still have to be met with regard to filing Minutes; etc.; and the suggestion that each Councillor make a choice of his/her preferred means of receiving Minutes.
14. Public Participation
Mary Etter, Library Director, informed the Town Councillors of upcoming Cultural Events in Town—namely, the final “Winter Pops Series Concert” to be held on Saturday, March 20; and, the second, a progress report on the “South Windsor Arts Initiative.”
To explain this “Initiative,” Mrs. Etter said that at the Town Manager’s request, and because of the Library’s interest in such a program, it was agreed that a group of people be convened to see about “broadening attention from musical events only to the talents of visual artists, and writers, and others in Town who practice various artistic media.” She continued by adding that 35 or 40 artists of various kinds have been gathered.
Also, following a discussion with representatives from the Town’s “Patriotic Commission,” it has been agreed that the first enterprise of the South Windsor Arts Initiative will be an exhibition in conjunction with the Town’s “Picnic in the Park” on Armed Forces Day, May 15.
15. Consent Agenda
Motion to approved Agenda Items 17. A. through 17. D. as the Consent Agenda.
Was made by: Councillor Fine
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
ITEM:
16. Unfinished Business
A. Appointment of Gary Bazzano (R) as an Alternate to the Planning and Zoning Commission
BE IT RESOLVED that the South Windsor Town Council appoints Gary Bazzano an Alternate to the Planning and Zoning Commission for a term ending November 30, 2005, to fill the unexpired term of Roger Cottle.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
17. New Business
*A. Appointment of James Kupchunos (D) to the Agricultural Land Preservation Advisory Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints James Kupchunos to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of Carolyn Egan (D) as an Alternate to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Carolyn Egan an Alternate to the Economic Development Commission for a term ending November 30, 2007, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business (Continued)
*C. Appointment of Mike Sullivan (D) as an Alternate to the Planning and Zoning Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Mike Sullivan an Alternate to the Planning and Zoning Commission for a term ending November 30, 2007 to fill the unexpired term of Robin Surwilo, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*D. Appointment of Joel Nadel (D) a Full Member of the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Joel Nadel a Full Member of the Zoning Board of Appeals for a term ending November 30, 2007, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
E. Resolution Setting Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2004/2005
BE IT RESOLVED that the South Windsor Town Council sets Tuesday, April 6, 2004, at 6:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Proposed General Government Budget for Fiscal Year 2004/2005.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
EMS:
17. New Business (Continued)
F. Resolution Setting Time and Place for a Public Hearing on the Board of Education Proposed Budget for Fiscal Year 2004/2005
BE IT RESOLVED that the South Windsor Town Council sets Monday, April 12, 2004, at 7:00 p.m., in the Auditorium of the South Windsor High School, 161 Nevers Road, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Proposed Board of Education Budget for Fiscal Year 2004/2005.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
G. Resolution Accepting a Deed for an Open Space Parcel in Chase Orchards
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for the open space parcel within the following subdivision:
Chase Orchards Open Space 15.83 acres
Was made by: Councillor Yacavone
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
H. Resolution Approving the Transfer of $18,248 from Contingency Fund to the Registrar of Voters Budget
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $18,248 from Contingency Account Number 1910-9001-390 to the Registrars of Voters’ Budget to cover the cost of the Presidential Preference Primary held on March 2, 2004; and
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
BE IT FURTHER RESOLVED that said funds, upon their transfer to the Registrars of Voters Budget, shall be allocated as follows:
Account Number 1125-1250- Amount
-113 $3,000
-114 2,059
-221 2,723
-310 71
-320 9,016
-330 250
-360 1,050
-373 79
Total $18,248
Was made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
I. Resolution with Respect to the Authorization, Issuance, and Sale of Not Exceeding $13,000,000 Town of South Windsor General Obligation Refunding Bonds
BE IT RESOLVED that the South Windsor Town Council approves the authorization, issuance, and sale of not exceeding $13,000,000 Town of South Windsor General Obligation Refund Bonds as described in the Resolution attached as “Exhibit A.”
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
J. Resolution Authorizing the Council-Appointed Union School Subcommittee to Solicit “Concept Plans” for the Use and Rehabilitation of Union School; and, Further, Directing the Town Manager to Seek Potential Funding from a Variety of Sources for Said Rehabilitation
WHEREAS, the South Windsor Town Council wishes to acquire an owner and operator for the Town’s Union School at 771 Main Street; and
WHEREAS, the current South Windsor Capital Projects Plan does not include funding for the rehabilitation of Union School; and
WHEREAS, the Council’s Union School Subcommittee, recently appointed and charged with the task of formulating suggestions for the prudent disposition of Union School, has the proven ability and expertise necessary to review and critique any plans submitted for the School’s future utilization; and
WHEREAS, a variety of “concept plans” and a review of their feasibility would be of great assistance prior to the formulating and publicizing of the requisite “Requests for Proposal”
NOW, THEREFORE, BE IT RESOLVED that the Union School Subcommittee be charged with soliciting Concept Plans for the use and rehabilitation of Union School; and
BE IT FURTHER RESOLVED, that the Union School Subcommittee shall present to the South Windsor Town Council, by September 20, 2004, a report containing its evaluation of the Concept Plans received by the Town; and its recommendations regarding choice and implementation of said plans; and
(Resolution Continued on Next Page)
ITEM:
17. J. (Continued)
BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the Town Manager to identify potential funding from a variety of possible resources including the State Legislature, Federal Representatives, non-profit organizations, private entities, or any other subsidy source for the rehabilitation of Union School as well as its future operation following the uses suggested in the Union School Subcommittee’s March 1 “Final Report” to the Town Council.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
K. Resolution Authorizing the Town Manager to Submit an Application and Enter into a Contract for an Historic Documents 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 ($3.00) 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 99-146 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
(Resolution Continued on Next Page)
ITEM:
17. K. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to execute and deliver in the name and on behalf of the Town of South Windsor an application and contract with the Connecticut State Library; and
BE IT FURTHER RESOLVED that said contract shall continue to be in effect until March 31, 2008.
Was made by: Councillor Paquin
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
L. Resolution Approving a Tax Refund to Fourteen (14) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fourteen (14) South Windsor taxpayers, the total of said refunds being $10,742.78 and as shown on attached Exhibit B.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
Councillor Pendleton said she wished to use this opportunity to publicly thank the “St. Patrick’s Day Parade Committee” for honoring Mayor Edward Havens by naming him South Windsor’s “Town Honoree.”
ITEM:
20. Executive Session
Deputy Mayor Pelkey moved to go into Executive Session to discuss pending claims and litigation (Hi-G); the Motion was seconded by Councillor Fine; and approved, unanimously.
21. Motion to Adjourn
A Motion to adjourn was made, at 9:15 p.m., was duly seconded, and unanimously approved.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (Exhibits A. and B.)
EXHIBIT A.
TOWN COUNCIL MEETING
OF
MARCH 15, 2004
AGENDA ITEM 17. I.
RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $13,000,000 TOWN OF SOUTH WINDSOR GENERAL OBLIGATION REFUNDING BONDS
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF SOUTH WINDSOR:
Not exceeding $13,000,000 General Obligation Refunding Bonds of the Town (the "Refunding Bonds"), or so much thereof as shall be determined by the Town Manager and the Town Treasurer as in the best interests of the Town for the purpose of moderating debt service payments and achieving net present value savings, are hereby authorized to be issued. The Refunding Bonds shall be issued and sold in a negotiated underwriting with Roosevelt & Cross, Inc., in such amounts, and at such time or times as the Town Manager and the Town Treasurer shall determine to be most opportune for the Town. The Refunding Bonds shall mature on such date or dates and in such amounts as shall be determined by the Town Manager and the Town Treasurer provided that no Refunding Bonds shall mature later than the final maturity
date of the last maturity of the refunded bonds to be refunded, and bear interest payable at such rate or rates as shall be determined by the Town Manager and the Town Treasurer. The Refunding Bonds shall be executed in the name and on behalf of the Town by the manual or facsimile signatures of the Town Manager, and the Town Treasurer, bear the Town seal or a facsimile thereof, and be approved as to their legality by Robinson & Cole LLP, Bond Counsel. The Refunding Bonds shall be general obligations of the Town and each of the Refunding Bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon.
The aggregate denominations, form, details, and other particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Town Manager and the Town Treasurer. The net proceeds of the sale of the Refunding Bonds, after payment of underwriter’s discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the refunded bonds to maturity or earlier redemption pursuant to the plan of refunding. The Town Manager is authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related
agreements necessary to provide for such payments on the refunded bonds and to provide for the transactions contemplated hereby. The Town Manager and the Town Treasurer are authorized to prepare and distribute a preliminary Official Statement and an Official Statement of the Town of South Windsor for use in connection with the offering and sale of the Refunding Bonds. The Town Manager and the Town Treasurer are hereby authorized to execute and deliver on behalf of the Town a Bond Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement for the Refunding Bonds in such form as they shall deem necessary and appropriate.
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