TOWN OF SOUTH WINDSOR
MINUTES
TOWN COUNCIL WORK SESSION
COUNCIL CHAMBERS February 5, 2007
SOUTH WINDSOR TOWN HALL TIME: 7:00 P.M.
1. Call Meeting to Order
Mayor Streeter called the meeting to order at 7:00 p.m.
2. Roll Call
Members Present: Mayor Matthew Streeter
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Keith Yagaloff
Members Absent: Deputy Mayor Delnicki
Councillor Cary Prague
Councillor Deborah Fine
Also Present: Town Manager Matthew Galligan
3. Public Participation
Jeanie Spencer of 150 McGrath Road came forward. She is a member of the South Windsor Senior Advisory Council. She spoke briefly about the Enes Center and that there are three separate and distinct services provided by this Center, which are Human Services, Teen Services, and Parks & Recreation. She explained that they are in trouble space wise. There is 22,000 square feet, 11,000 of which is usable. She said that they can not continue to service the needs of their constituencies in the space available. There are so many more programs that they would like to offer, but they can’t. They monitor on an ongoing process all of the ways that they can get along, but all three programs shouldn’t
have to be in competition with each other. She said that in truth they need a new building, but in reality they are not going to get one.
In the short term, they would like the Council to consider adding onto the existing building by going up to a second floor or going out onto where the patio is. Additionally, the parking is awful and with the Boundless Playground opening, it is going to be horrendous. She also explained that the use of the short-term and handicapped parking should be reconfigured before a bad accident occurs. She asked them to consider paving the area to the south so that they could get about 30 extra parking spaces.
3. Public Participation (Continued)
She asked them to come down individually or as a group and especially those that are on the Space Committee. She asked them to come down and acknowledge that they have a problem and help them find a solution. She explained that seniors are 20 to 25% of this Town’s population.
4. Communications - None
5. Town Manager’s Report - None
6. Items for Discussion
A. Proposed Repeal of Ordinance #40, South Windsor Code of Ordinances – South Windsor Fire Prevention Code (Fire Marshal Walter Summers to discuss.)
Fire Marshal Walter Summers came forward and stated that Chief Crombie and Sergeant Bond are with him to ask for the Council’s guidance and permission to help them solve two safety enforcement issues in Town. The two issues for enforcement are fire lanes and open burning. This process started about 6 months ago when he asked a patrol officer to ticket some cars that were parked in a fire lane at one of the schools. When the officer arrived he was told that the officer does not have a mechanism to write a parking ticket for fire lanes. There is no local ordinance for fire lanes.
The other issue is open burning. He said that it has been a long standing policy in Town since about 1970, that open burning is not allowed in Town. He explained that he gets about 2 calls a week asking if open burning is allowed. After some research, there is no written policy or ordinance within the Town Charter to cover this. He asked the Council to review one of the proposed ordinances.
He has been working with the Town Attorney and it was discovered that in order to properly adopt these two new ordinances, some existing ordinances have to be cleaned up. He explained that Section 42 of the Town Charter covers fire prevention and safety. Article 2 references a 1968 Town of South Windsor Fire Prevention Code. He said that it was adopted back then based on an ISO recommendation that the Town adopt a broad-based Fire Prevention Code to meet ISO requirements. When the Charter was redone in 1998 they believe that the intent was for this code to be repealed and replaced with the State Statute of the Connecticut Fire Safety Code. However, that was never done. They would like to repeal that ordinance to reflect the current State Fire Safety Code and then enact a fire lane
ordinance and an open burning ordinance. He provided the Council language by the Town Attorney which reflects the repeal of Article 2 and Article 3 of the Fire Prevention and Protection section of the Town Charter and Ordinances.
ITEM:
6. A. (Continued)
Mayor Streeter asked about the incident at Orchard Hill School with the emergency vehicles not being able to get close to the school during a fire alarm because cars were parked in fire lanes. Fire Marshal Summers said that there were sports events going on and the incident was about two weeks ago. Fire Marshal Summers said that there have also been recent problems at a couple more occupancies in Town with fire lane violations and there is no real enforcement in Town so they are trying to close the gap on that so that the Officers can help them clear out the fire lanes for them.
Councillor Yagaloff asked if 42.66 Article 1 was from the State Statutes or Town Articles. Fire Marshal Summers informed him that they are the Town’s Articles.
Councillor Yagaloff said that for Article 3 42.66 to 42.69 that it seems like the proposal is on the explosive sections and that they are going to be merged together and be called 42.66. The Fire Marshal said that they are proposing to delete Article 2 and 3 because both are now covered by State Statutes. He also informed Councillor Yagaloff that the State Statute that would be adopted would be Chapter 2, Chapter 541 of the Connecticut Fire Safety Code. In Chapter 2 it covers the Life Safety Code and the Explosive Regulations.
Councillor Yagaloff said that Proposed Ordinance 176 has two pieces, which are to repeal 42-31 and the other one is to repeal Section 42.66 through 42.69 and adopting Chapter 541 part 3. He said that he understands what the Fire Marshal is saying, but that it doesn’t say what is being adopted. The Fire Marshal explained that the current State Statute reflects most of the language that is contained within this Town Charter. Councillor Yagaloff asked to see what the new Statute is under 541 part 3.
Councillor Yagaloff said that regarding the open burning, it lets residents do what they want to do in their backyards that are safe and not incurring a safety hazard by having brush fires, etc.
Councillor Yagaloff said that he understands and agrees that an ordinance could be passed that states that it is an offence to be parked in an existing fire lane.
Councillor Yagaloff and Fire Marshal Summers discussed Article 5 Section 94-141. Fire Marshal Summers explained that it says that the Fire Marshal, Fire Chief, or the Chief of Police may establish a fire lane. He explained that they are not looking at single family homes. They are looking at developed projects in residential areas to ensure that the road is wide enough or the cul-de-sac at the
ITEM:
6. A. (Continued)
end is wide enough, so that there is a clear radius for the ladder trucks. He also said that they want to be able to provide architects that are developing commercial buildings with guidelines for fire lanes. Councillor Yagaloff understands the intent, but says that the way it is written right now, doesn’t differentiate between residential and commercial.
Councillor Yagaloff brought up his concern that if a house catches on fire, the insurance may not cover it because they may claim that the homeowner violated the ordinance. The Fire Marshal explained that under the Planning Guidelines in Town for residential design, there are driveway regulations in effect.
Councillor Yagaloff wants to know the legal impact on both the Planning & Zoning process right now, would they have to change anything to conform with the Ordinances. He also wants to know what the legal ramifications would be for people who didn’t comply with this, for example other structures on the premises that could interfere with the access of fire trucks. He is worried about having a private residence and an existing business having to incur costs to accommodate the regulations. The Fire Marshal explained that under the existing buildings, it would be a problematic area. Councillor Yagaloff continued to discuss his concern regarding existing buildings.
Councillor McCann said that he has some of the same concerns as Councillor Yagaloff with regard to the broad nature of these regulations and how they could apply to every building in Town. He explained that there does not seem to be any criteria contained within the regulations or ordinance itself that would determine whether a fire lane is required in front of a particular building or not. He also said that there is no appeal process that is contained in the ordinance that if the Fire Marshal or Chief of Police were to establish and require a fire lane in a particular location, there is no appeal procedure for the owner of that building.
Fire Marshal Summers asked the Council to suggest what the appeal procedure should be in regard to where the person would appeal. Councillor McCann said that there needs to be some means of appealing a decision. They could establish a Citizens Board or use the Town Council.
Fire Marshal Summers asked if the Town has a Building Appeals Board. Town Manager Galligan explained that the Town does not, that if there is a building problem, it would go to the State Appeals Board.
ITEM:
6. A. (Continued)
Councillor McCann brought up his concern that many business would end up going out of business if they had to follow the regulation that would require them to have a 20 foot fire lane in front of their building.
Councillor McCann and Sergeant Bond discussed how the Police Department has the authority to tow vehicles that are parked in a fire lane if it were to pose extreme hazard, but it is not routine enforcement. Councillor McCann wanted to confirm that this ordinance wouldn’t add anything with respect to the ability of removing vehicles that are in the way, but it will add the authority to the Police Department to write tickets for vehicles that are parked illegally in the fire lane. He said that ticketing them does not get them out of the way, but it may have an affect of encouraging people not park there. He did say however, that if a well marked fire lane sign does not stop someone from parking there, a ticket probably won’t either.
Councillor McCann discussed how in Section 94-148, Sections A and B are inconsistent with each other in regard to the fine. Sergeant Bond clarified the reasoning for the fines and fees.
Councillor McCann stated that he has no concern or objection to imposing a fine and authorizing the police to ticket cars that parked within a fire lane. He said that he does think that the establishment of the fire lanes themselves needs to be addressed with respect to where and how they are established and what kind of appeal mechanism the owners would have.
Councillor Moriarty stated that he agrees with just about everything that Councillor McCann spoke about. He also pointed out a few other businesses that would be affected by this. He believes that the target of this is the safety of the people of South Windsor.
Councillor Moriarty wanted to clarify for the residents that if regulations pertaining to residential property comes into effect, they will not be impacted where they have to do something right now. Town Manager Galligan pointed out that the Town follows the State Building Code and that the Town Attorney informed him that a lesser code can not be enforced.
Fire Marshal Summers confirmed for Councillor Havens that after looking at the language that surrounding towns use, they came up with this language. He said that it is standard terminology.
ITEM:
6. A. (Continued)
Fire Marshal Summers explained for Councillor Pelkey that Article 2 is going to be appealed and replaced with the State Fire Safety Code. The fire lanes will go into Section 94, which is the Traffic and Vehicle Section.
Councillor Pelkey discussed how in the last Legislative Session the State changed some of the rules on traffic violations, he asked if this would fall into that category. Sergeant Bond explained that the ordinance amount is set forth by the ordinance and the fees above and beyond that are administrative fees.
Town Manager Galligan said that they will get back to the Council with the changes and have the Town Attorney there, review it, and get it ready for a Public Hearing.
Mayor Streeter reminded the Town Manager that before it gets set up for a Public Hearing they need the items that the Council has asked for including Chapter 541 Part 3 of the Connecticut General Statutes. He stated that they could have a discussion at a Work Session, but it will also have to be discussed at a Regular Meeting because it will need to be voted on to have a Public Hearing.
Fire Marshal Summers said that they should be able to have something for the next Council Meeting.
B. Proposed Ordinance Establishing Fire Lanes on Premises of New and Existing Buildings and Facilities and Defining Associated Restrictions and Fines for Non-Compliance of Regulations Governing Same (Fire Marshal Walter Summers to discuss.)
This Item was discussed in conjunction with Item A.
C. Proposed Ordinance Defining the Conditions Under Which Open Burning is Permitted in the Town of South Windsor and Defining Associated Restrictions and Fines for Non-Compliance of Regulations Governing Same (Fire Chief Philip Crombie, Jr., and Fire Marshal Walter Summers, to Discuss.)
This Item was discussed in conjunction with Item A.
ITEM:
7. Executive Session -
Councillor McCann made a Motion to go into Executive Session to discuss Recently negotiated “Agreement Between the Town of South Windsor and Police Union Local #1480”. The Motion was Seconded, and Approved, Unanimously.
8. Adjournment
At approximately 7:55 p.m. a motion to adjourn was made; duly seconded; and approved unanimously.
Respectfully submitted,
Vanessa Perry
Assistant to the Clerk of the Council
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