TOWN OF SOUTH WINDSOR
MINUTES
TOWN COUNCIL WORK SESSION
COUNCIL CHAMBERS February 20, 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
Deputy Mayor Delnicki
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Cary Prague
Councillor Keith Yagaloff
Members Absent: Councillor Deborah Fine
Also Present: Town Manager Matthew Galligan
Town Attorney – Duncan Forsyth
Halloran & Sage LLP
3. Public Participation - None
4. Executive Session
At 7:05 p.m. Deputy Mayor Delnicki made a Motion to go into Executive Session to discuss pending litigation – Lawrence Road Park; Councillor McCann Seconded the Motion and it was Approved, Unanimously.
The Council returned from Executive Session at 7:20 p.m.
5. Items for Discussion
A. Lawrence Road Park – (Park & Recreation Commission and Vollmer Associates to Make Presentation)
Mr. Andrew Paterna, Chairperson of the Park and Recreation Commission came forward to initiate the discussion. He provided a brief history of the project and spoke about the public participation they have received to date. He also discussed the results of the survey that was sent to surrounding residents.
ITEM
5. A. (Continued)
Mr. Tom Hammerberg from Vollmer Associates briefly explained the three plans, starting with Plan No. 3, which has all possible amenities and working back to Plan No. 1, which has less of the amenities. (The Proposal is attached as Exhibit A)
Councillor McCann asked if it would be possible to phase in the other amenities if it was decided to go with one of the lesser plans. Mr. Hammerberg said that that was one of the reasons why it was proposed in this manner.
Mr. Paterna discussed how funding is an important issue and how based on the funding, Plan No. 2 & 3 are not possible at this time based on the present Capital Budget for the Commission and its Master Plan. He explained that if those two plans were implemented, it would result in a major alteration in the 10 Year Master Plan, which means that other facilities would be pushed so far into the future, that they may never get to them. He said that without any additional funding, the Commission believes that Plan No. 1 is the only realistic goal to pursue at this time. He explained that with the way it is designed, they can phase things in in the future.
Deputy Mayor Delnicki asked the Town Manager how much of the project could be done by Town Staff working on overtime, which would cut out the middleman of a contractor. The Town Manager said that he would have a discussion with the Director of Public Works. He said that it may be possible.
Councillor Pelkey asked if it would be possible to extend the access to the pond in Plan No. 1 like it is in Plan No. 2 & 3, without costing much. Mr. Hammerberg said that it could be added in for a very reasonable amount.
Councillor Pelkey asked about the tree line, which Mr. Hammerberg explained. Councillor Pelkey also asked what the distance is to the closest backyards. Mr. Hammerberg said that it was about 50 to 75 feet.
Councillor Prague thanked the Park & Recreation Commission and Vollmer Associates. He also thanked all of the residents that have come out for their input.
Councillor Yagaloff discussed the screening options and asked why it was only in Plan No. 3. Mr. Hammerberg explained that it is because of the cost. They then discussed the different options and how it can’t be determined yet what will be used when that gets phased in.
Councillor Yagaloff also discussed how the cost for the paving seems very reasonable.
ITEM
5. A. (Continued)
Councillor Yagaloff asked if it would cost more to add certain things later than now and if any prep work should be done now to help with the cost. Mr. Hammerberg said that they are going to do as much of the clearing as they can under Plan No. 1 because it will be more expensive later to bring in additional equipment, but they do not have the money to go to Plan No. 2 at this point, which includes all of the clearing.
Councillor McCann asked if the plans can be mixed and matched. Mr. Paterna said that based on finance and the total master plan development, Plan No. 1 is the best in terms of Capital Budgets that they can afford to do right now.
Councillor Moriarty asked Mr. Hammerberg to point out where the sidewalk is in Plan No. 2 that is not in Plan No. 1.
Councillor Pelkey then asked about what would be used for the walking trails. Mr. Hammerberg explained that it would be chip stone and that it will meet DOT Standards so that when it is compacted it is almost like concrete, which will be wheelchair accessible.
The following people came forward from the public to state their questions and comments:
Mr. Ed Savidge of 181 Newmarker Road
Mr. Paul Bruno of 20 Leah Lane
Ms. Lori Speziale of 27 Heatherwood Drive
Mr. Dayton Stimson of 279 Lawrence Road
At 8:00 p.m. Mayor Streeter called the Regular Meeting to Order and immediately recessed it.
Mayor Streeter presented Jan Snyder with a check in the amount of $2,000 for the High School’s Operation Graduation.
Mr. Ray Favreau, Director of Recreation came forward and explained that they sponsor and host a “Home for the Holidays Decorating Contest” and this year they presented Councillor Delnicki with a plaque for being the winner of the Most Outstanding Property.
At 8:05 p.m. Mayor Streeter reconvened the Work Session.
ITEM
5. (Continued)
B. Revisions to Proposed Ordinances Included on Regular Meeting Agenda (Town Attorney, Fire Marshal Summers, Chief Crombie, and Sgt. Bond to Explain.)
Fire Marshal Summers stated that they made revisions to the Proposed Ordinances and looked at the language on existing locations, single family and two family homes, size of the fire lanes, the appeal process, and the Ordinance was reviewed by the Town Attorney.
The Fire Marshal distributed Article V and stated that the changes were in red. Copy attached as Exhibit B.
There was discussion regarding the fine for noncompliance and penalties for offenses.
Councillor Prague and the Fire Marshal discussed Sec 94-141. The Fire Marshal explained that if the parking area was approved prior to the adoption date, they would be exempt, unless there is a safety consideration.
Councillor Prague then asked who gets the money from the parking violation fines. Sgt. Bond explained that the Town gets $25 and the State of Connecticut gets an amount for a fee and surcharge for the Town using their system.
Councillor Yagaloff thanked the Fire Marshal, Sgt. Bond, and the Chief for spending time with him before the meeting. He then pointed out that Sec. 94-144 and Sec. 94-149 should be worded differently so that they are more clear. The Town Attorney agreed.
Councillor Yagaloff brought up hic concern that in Sec. 94-140, the definition for fire lane states, “Where feasible…” and he feels that the wording is too broad. This was discussed briefly by the Town Attorney.
Councillor Yagaloff then discussed his concerns with Sec 94-141 with regard to the schools being exempt. He also brought up his thought that all fire lanes are based on safety considerations, which then brings a question to Sec 94-141(c).
Deputy Mayor Delnicki stated that he also has some of the main concerns that Councillor Yagaloff and Councillor Prague have regarding Sec. 94-141.
ITEM
5. B. (Continued)
Deputy Mayor Delnicki also stated that the Planning & Zoning Commission or Zoning Board of Appeals should be the one that an Appeal is made to. The Town Attorney said that he will check, but he does not know if either of those bodies would have the statutory authority to do so, as well as look at other options that could be presented to the Council for consideration.
Deputy Mayor Delnicki stated that they do not want to put small business persons out of business or create a financial hardship for them.
Councillor McCann said that the concept is good, but the details need to be worked on. The current process of approving site plans was discussed by the Fire Marshal. Councillor McCann also pointed out that Sec. 94-141(a) should be worded differently, which he explained.
Councillor McCann also said that he agrees with Deputy Mayor Delnicki regarding the Appeal process.
Deputy Mayor Delnicki asked why red lettering should be used rather than yellow. The Fire Marshal said that it was a 50/50 choice. Deputy Mayor Delnicki also asked where the ordinance came from. Fire Marshal Summers explained that they looked at the ordinances used by Manchester, Vernon, and Enfield and put parts together. He said that they did not want to be too specific or too vague, so they chose parts that would put them in between.
Deputy Mayor Delnicki said that he read through the State of Connecticut’s --Fire Safety Code and that he was concerned that there might be some unintended consequences pertaining to the Fire Grant that the Town is applying for, which will be used to hire a Fire Marshal for 1 year to do inspections in condominiums. He read Sec. 29-297, which reads as though it may “trap” the Town into keeping that Fire Marshal past the 1 year term. He asked the Town Attorney to look into that.
Deputy Mayor Delnicki also read Sec. 29-305, which pertains to the inspection process for condominiums. His concern relates to the Fire Marshal going to someone’s door and asking to inspect their condominium and the invasion of privacy.
The other issue pertains to the definition of a 1 or 2 family house in the condominium environment. He said that it is his understanding that if there is a 2 hour firewall between 1 or 2 units, they are no longer considered a multi family residence, but now a 1 or 2 family attached residence. If that is the case, they become exempted from whatever due process there would be in the condominium inspection program.
ITEM
5. B. (Continued)
Town Manager Galligan said that he would also like clarification on Sec. 29-292, which talks about Fire Safety Codes – Smoke detection and warning equipment.
Deputy Mayor Delnicki asked if it was necessary to adopt the State Fire Code. The Town Attorney said that it does not need to be adopted. All that is needed is a footnote or asterisk indicating that the State Fire Code is in effect and will be followed.
Sgt. Bond clarified that the fire lanes in the schools have been inspected by the past and current Fire Marshals and they are certainly adequate for the time being.
6. Adjournment
At approximately 8:40 p.m. Deputy Mayor Delnicki made a motion to adjourn the Work Session; the motion was duly seconded; and approved unanimously.
Respectfully submitted,
Vanessa Perry
Assistant to the Clerk of the Council
Attmts.: Exhibits A & B
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