TOWN OF SOUTH WINDSOR
WORK SESSION MINUTES
TOWN COUNCIL MONDAY, MARCH 5, 2012
COUNCIL CHAMBERS TIME: 7:00 P.M.
1. Call Meeting to Order
Mayor Delnicki called the meeting to order at 7:03 p.m.
2. Roll Call
Members Present: Mayor Tom Delnicki
Deputy Mayor Gary Bazzano
Councill M. Saud Anwar
Councillor Cindy Beaulieu
Councllor Ed Havens
Councillor Kevin McCann
Councillor Cary Prague
Councillor Janice Snyder
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
3. Public Participation
Mr. Mark Lillis, 667 Griffin Road came before the Town Council to request meeting space for the Robotics Team. They would need a space 35 x 70 with 15 foot ceilings for practice.
4. Communications
None
5. Town Manager’s Report
Mr. Galligan reported on the following items:
- The Town is looking for the Robotics Team to use the old Post Office.
- The Town refinanced the bonds and there was a savings of $1.2 million dollars.
- The Town will have to have s special election to elect a Probate Court Judge. The Governor makes the decision when election is held. There will be a meeting to discuss this issue and the Council will be informed of the process after it has been determined.
Mayor Delnicki questioned if the Town of South Windsor is showing the Town of Windsor the Animal Control Facility so they can try to pattern that facility? Mr. Galligan explained that Windsor requested to be a part of South Windsor’s regionalization, but it was explained that the cost to shelter their animals would be costly. Town of Windsor will be taking a tour of our facility and will be trying to partner with another Town.
ITEM:
5. Town Manager’s Report (Continued)
Mayor Delnicki felt that South Windsor should get some experience before another Town is being brought into the regionalization.
Mr. Galligan explained that the Windsor Town Council is very adamant on having their own facility.
At 7:15 p.m. Mayor Delnicki recessed the Work Session in order to hold a Public Hearing. The Work Session reconvened at 7:17 p.m.
6. Items for Discussion
A. Design Improvements to a section of Avery Street
Mr. Jeff Doolittle, Town Engineer came before the Town Council. Mr. Doolittle explained that he would like to present a project to reconstruct Avery Street between Kelly Road and Woodland Drive. This project was funded under an application to CRCOG for funding in January of 2007. It was selected as one of ten projects out of twenty-two submitted. A public meeting was held to seek input on the concept in late 2006 before the application was submitted. In 2011 the Department of Transportation reviewed the project for the start of design work and sidewalks were added on the west side of the road to the project. Also in 2011, the Town applied for funding under the same program to reconstruct the next section of Avery Street which is south of the section that is getting done now. The
Town was selected for funding.
Mr. Joe Perna, Project Engineer came forward to describe the project. The project consists of reconstructing Avery Street which consists of approximately 1850 feet from south of Kelly Road to north of Woodland Drive. Also included with the project is the realignment of Beelzebub Road at the intersection. The roadway will be 28 feet wide with curbing and proposed storm drainage structures to control the drainage. As part of the project a new culvert would be constructed at the Avery Brook crossing and also there would be drainage improvements at the intersection. There is approximately 8500 vehicles per day use this roadway. Sidewalks will be connected to the existing sidewalk system on Gray Road. A crosswalk will be installed to Kelly Road where the sidewalk system will also
continue. There will be minor impacts to properties because the Town has a wide right of way requirement, but the Town would need temporary rights to reconstruct driveway aprons. There would be one partial land taking on the Church property.
Mr. Doolittle explained that the estimated total cost of this project based on the current plan is approximately $3.27 million dollars. The project is funded through the STP Urban program which is a federal program. The federal government will contribute 80% of the funding for the program, the State contributes 10% and the Town would contribute 10%. The Town share of the project would be approximately $327,000. Construction would not begin on this area under spring of 2015.
ITEM:
6. A. (Continued)
Answering questions from the Council, Mr. Doolittle stated that the construction area is 2,000 feet so it is just shy of one lane mile. The Town would have to take right of way on the Church property and easements to construct drainage across the road. In the island on Woodland Drive there are utilities in there. After reconstructing Beelzebub Road to match up with Woodland, a island will be constructed on Beelzebub Road. At this point traffic signals are not be looked at for this area.
Answering further questions, Mr. Doolittle explained that the roadway will be approximately 28’ wide and 4’ wide sidewalk. So there are not any plans for a dedicated bike lane but the road will be widened so bicyclist could use the street. During construction the roadway will be kept open for traffic.
At 7:30 p.m. Mayor Delnicki recessed the Work Session in order to bring a Public Hearing to order. The Work Session reconvened at 7:37 p.m.
Councillor McCann felt that the engineering of this project should consider providing bike lanes for this road. Bike lanes shoud be considered any time there is a major reconstruction done to a road or when constructing a new road. Antoher area that should be reviewed is putting utilities under ground. If not with this project itself, then at least put the conduits in. One concern with this project is the history that the Town had further up on Avery Street when another portiono f road was done is the Town had to dig deeper than anticipated. Another concern with this project would be the traffic patterns when constructioni s under way.
Councillor Prague felt that something should be incorporated in the Contract when
ITEM:
6. A. Items for Discussion
Attorney Olson went on to explained that if the Town issues fines and collects them, then the taxpayer would not be on the hook. The cost to the taxpayers is the cost of Town staff to enforce the Anti Blight Ordinance. This ordinance could be revised so that it only applies to vacant or abandoned properties across the board. Under this ordinance if it is vacant or abandoned property and the Town issues the correct notice and the taxpayer does not comply and take care of it themselves, the Town would have the right of entry pursuant to the general statues as written in this ordinance to enter the property during normal business hours to remedy the blight. The Town certainly does not want to burden somebody over a neighbor dispute over what is pretty or not. There is certainly a line where vacant
or abandoned property might fall within your jurisdiction. I would also like to point out that this is discretionary as long as the Town does not selectively enforce the ordinance. There is no such thing as selective non-enforcement so that can also be within the discretion of the Enforcement Officer.
Councillor Prague stated that he came to South Windsor to maintain a certain life style and expect all blight situations to be handled because those blighted properties are declining property values or creating a safety issue. Councillor Prague felt that this ordinance should go further than vacant, abandoned or foreclosed properties. He stated he is for property rights but is also for property rights of people adjacent to people who do not have respect for property.
Councillor Yagaloff explained that Attorney Olson has combined two sets of issues, one is the general Blight Ordinance combined with the issue about the ability to allow the Town to go on property that is vacated or that has been abandoned. Councillor Yagaloff felt that felt the ordinance is good the way it has been written but felt the blight should be from a public right of way, public road or public building. If a neighbor has a dispute with another neighbor they can have a private lawsuit, the Town should not be involved in enforcing neighbor to neighbor disputes.
At 8:02 p.m. Mayor Delnicki recessed the Work Session in order to call the Regular Meeting to order. The Work Session reconvened at 8:06 p.m.
Councillor McCann felt that the Town Attorney did a good job with this ordinance. The Council will have to decide whether or not to limit this to abandoned and vacant properties or expand it to occupied ones also. There are a few things the Council should look at within the definitions of blighted property. Any structure which is at a state of dilapidation or decay, but then decay is defined as a wasting away or wearing away or gradual decline in strength and dilapidated as decayed or rotten beyond repair. Councillor McCann felt that the Council needs to decide what level of decay qualifies a structure as being in a state of dilapidation and whether both of the definitions should be included. The enforcement mechanism in Section 7 says complaints may be submitted by members of
the public and Councillor McCann felt that a determination of whether that means residents of South Windsor or anyone should be established. Also, the definition of vacant is defined as a building or portion thereof that is not legally occupied for a period of 60 days or longer. Legally occupied
ITEM:
6. A. Items for Discussion
could mean that someone owns it or that it is being rented out and the rent has been paid up to date even if the owner has not been on the premises for the past 6 months, that may still qualify as legally occupied so Councillor McCann felt that the Council should define what the parameters of legally occupied means. Councillor McCann then stated that he would also like to know when the Hearing Officer is appointed, is it when a complaint is issued or after the appeal is taken? The last issue Council McCann had is does the Town Council need a specific reference to the statue for the Special Assessments Committee?
Attorney Olson stated that could certainly be added but she does not feel it is required. Councillor McCann made a good point about the appointment of the hearing officer. It does not sate that the hearing shall take place within a specific period of time so that is some thing that will be reviewed.
Councillor Prague questioned if someone is blighting their yard with a smell, can the Town do anything about that within the ordinance? Attorney Olson explained that could be handled on a neighbor to neighbor dispute or by the public health code.
Mayor Delnicki stated that he does not want to see the Town Council over reach in this ordinance. This ordinance should be something that can be built upon in the future. Mayor Delnicki requested that the concerns heard tonight be incorporated into the ordinance.
Attorney Olson requested that the Council members who had the greatest concerns give some guidance as to where lines should be drawn because it is a very broad ordinance.
Councillor Yagaloff suggested that Attorney Olson do a rough overhaul based upon the specifics and a draft be sent to the Council. Councillor members that are interested could then give specific feedback. This could be done on one way communication to the Town Attorney so that the Council is not talking amongst each other but share it with everyone else.
7. Executive Session
To be done in the Regular Meeting.
8. Adjournment
At 8:19 p.m. Councillor Yagaloff made a motion to adjourn the Work Session. Deputy Mayor Bazzano seconded the motion and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Recording Secretary
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