TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 October 1, 2001
TOWN COUNCIL Regular Meeting
Council Chambers South Windsor Town Hall
Members Present: Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams
Members Absent: Mayor Lassman Fisher
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Deputy Mayor Havens called the Regular Meeting to Order at 8:00 p.m.
ITEM:
5. Public Input - No
6. Environmental Health & Safety Councillor Delnicki said that on Saturday, October 6, South Windsor s annual free Household Hazardous Waste Collection will be held at South Windsor High School, 161 Nevers Road, from 8:00 a.m. to 2:00 p.m. He pointed out that the average household can have up to 10 gallons of hazardous waste including everyday products such as solvents and cleaners which can pose serious health risks if touched, smelled, or accidentally swallowed. Also, he added, their containers can leak and spill.
The Councillor urged all South Windsor residents to take advantage of this very important collection since hazardous waste materials, because of their very nature, cannot be included with regular trash pick-up and should not be flushed or poured down the drain. Disposing of it in that manner, he added, only passes the problem along to the environment.
ITEM:
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of June 18, 2001; Work Session of July 2, 2001; Public Hearing of July 2, 2001; Regular Meeting of July 2, 2001; Regular Meeting of July 16, 2001; and Work Session of September 4, 2001.
Was made by: Councillor Pelkey
Seconded by: Councillor Williams
The Motion was: Approved, unanimously
8. Public petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reported that the Town s consultant for the Bond Referendum, who had also done the 10-Year Master Plan Vollmer Associates had met with him and Director of Recreation Ray Favreau today. Plans and Specification were given to the Town Manager on the sites that were selected by the Council to be included in the Referendum also included, he said, was the necessary verbiage; and tomorrow morning the Town Manager expects that his staff with create the Explanatory Text.
This Explanation Text, according to Mr. Galligan, will include the improvements, the site, and what people will be voting on. He hoped that this would all be accomplished by Thursday, October 4 since this Explanatory Text had to be included in the envelopes with Absentee Ballots being mailed out on Friday, October 6. The Town Manager reported that he was very pleased with what Vollmer Associates had accomplished.
After the Town Attorney reviews this Text, the Town Manager stated, it would be sent to the State of Connecticut s Election Commission for their review and any changes they may wish before mailing it out to the residents.
ITEM:
10. (Continued)
Referring, still, to the issue of the Referendum, Mr. Galligan said that the South Windsor Chamber of Commerce was sponsoring an event toward the end of October to discuss the improvements included in the Referendum Question; and they have asked Director of Recreation Ray Favreau to be present at this Breakfast Meeting to explain in more detail.
On another item, Mr. Galligan said that the Public Hearings are now closed on Evergreen Walk. He said he had wrapped up that item because Planning and Zoning had issues with regard to the future development of the site and where they perceived the Town was leaning with regard to traffic flow for future development.
This, he said, was an issue discussed two years ago with Mayors Steve Cassano (Manchester) and Timothy Larson (East Hartford) with regard as to where we should be. At that time, Mr. Galligan said that (based upon a trip he had taken to Indianapolis to meet with the owners of the parcel adjacent to Evergreen Walk) he had made some very strong recommendations that the two parcels be combined somehow to create flow of traffic out to I-84 and, possibly, I-291. Planning and Zoning liked that idea, and had asked the Town Manager to pursue the possibilities further.
Mr. Galligan felt that there was a strong possibility these two parcels could be combined that he had sent information out to The Simon Company that would, perhaps, move things along. The vote by P&Z on Evergreen Walk, he said, was scheduled for October 9, 2001.
Tomorrow evening the Town Manager said he would be attending the Planning and Zoning Commission meeting regarding the installation of a fuel cell in South Windsor High School at which he and others involved in the project would be making a very short presentation. When final Site Plans are available, the Town would be submitting an Application to P&Z. From an educational standpoint, from a public safety standpoint, and from a cost saving standpoint, Mr. Galligan felt this was a very worthwhile project.
ITEM:
10. (Continued)
Deputy Mayor Havens asked if there is any other ways to communicate with the public regarding the upcoming Referendum Question. Mr. Galligan replied that Vollmer had designed a one board type of display showing all the sites to be improved. This information, together with text explaining each site, can be reduced and placed on a brochure folded, stapled, and mailed out to every resident.
The first goal, according to the Town Manager, is to get this brochure into the Absentee Ballot envelopes this Friday; and then to do a bulk mailing to every resident in Town.
Councillor Aman referring to the brochure being mailed out as Explanatory Text, asked Town Attorney Guliano what will happen if it is determined when work is begun that the actual location of a field on a specific site is not exactly the best location and it should be moved to another location within the site. Would this cause a problem for the Town. Atty. Guliano replied that he did not feel it would as long as it remained within the original site it was intended for.
As an example, Councillor Aman cited, for instance changing an athletic field to a parking lot, and a parking lot to an athletic field? Again, Atty. Guliano said it would not be a problem as long as it remained on that property. He added, however, exchanging an athletic field for a parking lot that could be a problem or any significant change to what had been voted on.
Another question Councillor Aman had was with regard to the three parking spots at the side entrance of the Library that have been removed. He asked why. Mr. Galligan replied that this was a driveway; and because of near misses in the past, there should be no parking spots in an area that is, basically, a driveway. He had asked the Police Department to come up with a design and solution to the problems associated with the circle at the top of the Town Hall driveway.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
ITEM:
13. Communications and Petitions from Council
Councillor Fine reminded the Members of the Council who are on the Audit Committee that there is a meeting on October 10, at 4:30 p.m., in the Town Hall Caucus Room.
Councillor Pelkey reminded Council of the visit in recent years of students from Uzbekistan. He felt that, in light of what has happened recently in the World, and the fact that the United States had only recently set up an air base in Uzbekistan because of the terrorist attack on the World Trade Center and the Pentagon, the value of these student exchange programs was clearly validated. He speculated that the experience for the students from Uzbekistan visiting the United States might have given them a better feeling for what democracy was all about--something, he said, that might influence them in later years when, perhaps, they became the future leaders of their Country.
Deputy Mayor Havens, saying that he had attended the Vigil on Saturday evening, said it was a very moving experience. He went on to congratulation the two young High School students who had worked so hard to see that this event became a reality Jacqueline Lewis, President, of the South Windsor High School Student Council; and Laura Burrill, President of the Interact group of the High School.
The Deputy Mayor also thanked Town staff, guest speakers, those in attendance, etc. who were a part of this event.
On another matter, Deputy Mayor Havens read a letter from Raymond Brandoli, writing for The Tobacco Valley Flyers Radio Control Club to Karl Reichle (Supt. Of Parks and Grounds) thanking him and his crew for the hard work then had put into preparing the old landfill property on Burgess Road for their Club s activities.
14. Public Participation - None
ITEM:
15. Consent Agenda
Motion to accept Agenda Items 16. A. through 16. F. and 17. A., B., and C. as the Consent Agenda.
Was made by: Councillors Fine and Aman
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
16. Unfinished Business
*A. Appointment of Alan Larson (D) to the Park and Recreation Commission
BE IT RESOLVED that the South Windsor Town Council appoints Alan Larson to the Park and Recreation Commission for a term ending November 30, 2001, to fill the unexpired term of Thomas Lines.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of Stephen Wagner (D) as a Full Member to the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council appoints Stephen Wagner as a Full Member of the Zoning Board of Appeals for a term ending November 30, 2003, to fill the unexpired term of Barbara Murray.
(APPROVED BY CONSENT AGENDA)
*C. Appointment of Sandra Jeski (D) as an Alternate to the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council appoints Sandra Jeski as an Alternate to the Zoning Board of Appeals for a term ending November 30, 2003, to fill the unexpired term as an Alternate of Stephen Wagner.
(APPROVED BY CONSENT AGENDA)
ITEM:
16. Unfinished Business (Continued)
*D. Reappointment of Jacqueline Smith (D) to the South Windsor Agricultural Land Preservation Commission (SWALPAC)
BE IT RESOLVED that the South Windsor Town Council reappoints Jacqueline Smith to the South Windsor Agricultural Land Preservation Commission (SWALPAC) for a term ending November 30, 2003.
(APPROVED BY CONSENT AGENDA)
*E. Reappointment of John Phillips (R) to the Inland Wetlands Agency
BE IT RESOLVED that the South Windsor Town Council reappoints John Phillips to the Inland Wetlands Agency for a term ending June 1, 2005.
(APPROVED BY CONSENT AGENDA)
*F. Reappointment of Elizabeth Warren (R) to the Inland Wetlands Agency
BE IT RESOLVED that the South Windsor Town Council reappoints Elizabeth Warren to the Inland-Wetlands Agency for a term ending June 1, 2005.
(APPROVED BY CONSENT AGENDA)
G. Appointment of Carolyn Mirek (R) to the Mass Transit & Highway Advisory Commission
(Councillor Aman)
BE IT RESOLVED that the South Windsor Town Council appoints Carolyn Mirek to the Mass Transit & Highway Advisory Commission for a term ending November 30, 2001, to fill the unexpired term of Suzanne Hannigan.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was approved 7 Ayes to 1 Abstention on a Roll Call vote. Councillor Streeter abstained.
ITEM:
16. Unfinished Business (Continued)
H. Appointment of Lincoln Streeter (R) as an Alternate to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council appoints Lincoln Streeter as an Alternate to the Economic Development Commission for a term ending November 30, 2001, to fill the unexpired term of Daniel Seypura.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was approved 7 Ayes to 1 Abstention, on a Roll Call vote. Councillor Streeter abstained.
17. New Business
*A. Appointment of Thomas Hindson, Jr. (D) as an Alternate to the Inland/Wetlands Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Thomas Hindson, Jr. as an Alternate to the Inland/Wetlands Agency for a term ending December 1, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of John J. Mitchell (R) as an Alternate to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints John J. Mitchell as an Alternate to the Economic Development Commission for a term ending November 30, 2004, to fill the unexpired term of Roy VanderPutten, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business (Continued)
*C. Appointment of Timothy M. Moriarty (R) to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Timothy M. Moriarty to the Patriotic Commission for a term ending August 31, 2003, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
D. Resolution Approving a Transfer of $2,000 from Contingency Account to Town Manager s Professional Account
BE IT RESOLVED that the South Windsor Town Council approves the transfer of $2,000 from Contingency Account 1910-1310-390 to the Town Manager s Professional Account Number 1131-1310-320 to cover expenses incurred by the renting of a Public Address System for the Candlelight Vigil held on September 29, 2001 at Nevers Road Park.
Was made by: Councillor Delnicki
Seconded by: Councillor Aman
Councillor Delnicki and Deputy Mayor Havens commented enthusiastically on the Candlelight Vigil held on September 29, 2001, and lauding the two young High School students who spearheaded this moving event. Councillor Delnicki asked that the two young women responsible for the organization and success of this event be formally recognized at an upcoming Town Council meeting.
The Motion was: Approved, unanimously
Before proceeding to the next Resolution, Councillor Fine moved that Agenda Item 17. G. be moved up to be addressed next preceding Agenda Item 17. F. The Motion was seconded by Councillor Delnicki, and was unanimously approved.
ITEM:
17. New Business (Continued)
E. Resolution Approving a Tax Refund to 23 South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty-three (23) South Windsor taxpayers, the total of said refunds being $1,498.79, and as shown on attached Exhibit A.
Was made by: Councillor Fine
Seconded by: Councillor Aman
Councillor Fine asked that the Town Manager give a quick explanation, once again, as to why the town issues refunds to some taxpayers. Mr. Galligan explained.
The Motion was: Approved, unanimously
G. Discussion Item Public Safety Dispatchers Staffing Needs
Mr. Galligan reported that he, Chief Tyler, and NAGE s Regional Union Leader had met at the Dispatch Center at South Windsor Police Headquarters. Even though new technology has made the Police Officer s duties much more efficient and certainly quicker in recent months, it has also added to the duties of the Dispatchers that of getting the information from the officers onto the computers all this in addition to their regular duties.
During peak times, according to Mr. Galligan, these extra duties can become very time-consuming. SNET has now instituted yet another computer to be put into that system, according to the Town Manager thus, once again, adding to the burden. Mr. Galligan stressed that these input duties would now have to be done either with overtime, or by hiring two (2) additional people to work the system only during peak times.
Of primary concern, Mr. Galligan said, is that the Dispatcher on duty concentrate on the incident itself and contacting the necessary agencies fire department, ambulance, etc.; and not worry about immediately putting the information into the computer.
ITEM:
17. G. (Continued)
Not wanting the Council to be blindsided, he did want them to know that various meetings regarding this have been held; various Councillors have visited the Dispatch Center to view the situation-and, in particular, the record-keeping that is an integral part of that job. The Town Manager said he would be approaching Council for monies (either from the Contingency Account; or from the current Operating Budget whether these expenses should be met through overtime in order to keep two extra people on as Dispatchers in those peak times.
Mr. Galligan said that, to date, many part-timers have been hired. The problem, he said, was that after extensive training, many of them have left for full-time jobs somewhere else. Too, he added, it has been difficult to attract applicants for $9.00 (more or less) per hour particularly when they learn that they must work different shifts, and sometimes on weekends for that amount.
Because of the public safety aspect of this situation, the Town Manager was of the opinion that two (2) extra full-time people were needed. He said he would be returning to Council for a Resolution regarding this item.
Another issue, according to Mr. Galligan, was the fact that surrounding communities were also hurting for Dispatchers; and he wanted Council to be aware of a very strong liability for the Town associated with these positions and their operations. He did mention recent discussions regarding a regional public safety facility that would be able to handle all 29 Towns in the Capital Region. Unfortunately, he said, the State declined to fund this project.
Several times, the Town Manager mentioned the timeliness of these discussions in light of the terrorist activities on September 11 and the need, in every community for a first rate first line program.
Councillor Williams felt that this request was a good idea, and asked if they were to be full-time. He said yes; they were needed, in particular, on the 7 a.m. to 3 p.m. shift, and the 3 p.m. to 11 p.m. shifts. The Councillor asked wasn t the recording being done automatically, by voice, when the call comes in. She asked for a more detailed explanation.
ITEM:
17. G. (Continued)
Coming forward to explain was Public Safety Dispatcher Krista Marchesseault who said that telephone calls are automatically recorded on a tape system however, for one person to take the information, try to dispatch it, talk to the caller, and try to enter it into the computer at the same time is where it becomes a problem.
Ms. Marchesseault added that a Dispatcher can usually handle one situation at a time but, often, as many as five or six calls can come in at the same time, and it is very difficult for one person to handle all these tasks for all these callers at once. If two people were handling these tasks, one person would could answer the telephone and enter the information into the computer. At the same time, the Dispatcher would be viewing the information on a second computer, and sending it along to the proper public safety agency.
Councillor Williams felt that in light of recent events public safety and response time to emergencies was a time issue; and this suggestion was, she felt, pro active.
Councillor Delnicki thanked Ms. Marchesseault for inviting the Town Councillors to observe the workings of the Dispatch Center at Police Headquarters. He felt, after viewing the activity, that it was almost like controlled chaos! when all these events were coming together on an average day.
The Councillor said he saw three (3) problems (1) the need for two more full-time Dispatchers; (2) the ergonomics of the Dispatch Center the way the computers are laid out. He said he was overwhelmed with the number of video monitors, computers, dispatch points, and the number of activities going on at the same time. A look at the bigger picture, according to Councillor Delnicki, and what can be done to make the Dispatcher Center a more conducive work environment.
Councillor Delnicki felt that the third problem was the secondary dispatch point which, apparently, was damaged by a lightning strike during the Summer, and for which parts to repair are unavailable. He felt the Town should be doing something about this situation even if it meant procuring new equipment esp. in light of plans to have both locations manned.
ITEM:
17. G. (Continued)
The Councillor then thanked NAGE for supplying a description of the Dispatchers actual duties; and asked the Town Manager to provide all the Town Councillors with a copy.
Town Manager Galligan then referred to the installation of a new tower at Police Headquarters, stating that there is up front cash available to the Town some of which would be used to replace the consoles and upgrade the communication system at the same time. The contract for this work, he said, will be signed shortly; and, in addition to the construction of the tower, the Town would be going out to bid for the new consoles, etc. for the Dispatch Center.
When asked for a time-line on this work, Mr. Galligan replied that the contract would be signed within the next few days test borings have already been done, a site plan has been done, and it would probably be about two months before actual construction begins at which time, the Town s equipment can be bid. The Town Manager said he would like the opportunity to go back to the Capital Projects Committee once more and request funds from various years of that Committee s budget.
Councillor Delnicki asked if anything could be done, prior to the completion of this work, to alleviate the problems in the secondary dispatch area. He felt it was crucial to take care of this in the event the primary dispatch area, too, became damaged for any reason.
Councillor Pelkey added that what he heard on the evening he took the tour of the Dispatch Center was that the parts for the secondary system were hard to get, but were on order. He asked if this was the case. (The answer from Dispatcher Marchesseault is inaudible.)
Councillor Pelkey then added that he felt the Town s Dispatchers were the communication lifeline to our citizens; and not to have everything in place was something the Council should be very aware of. It was his opinion that the existing problems, and request, from the Town s Public Safety Dispatchers deserved the Council s immediate attention. He asked if the Town s current part-time Dispatchers were in training to, perhaps, fill these two full-time positions.
ITEM:
17. G. (Continued)
Mr. Galligan replied that the Town always tries to promote from within; however, the position still had to be posted as required in the Union Contract. He also felt the position should be advertised because, at times, there are other Dispatchers in other Towns who may be interested and should be considered before a decision is made.
Although he felt South Windsor s current Dispatchers were world class, Councillor Pelkey said his concern was that we re going to burn them out if no relief is forthcoming.
Councillor Aman agreed that without a good dispatching system, the Town s excellent Police force would not be able to deliver the services when they were needed. He then asked the Town Manager if additional money was not needed within the Police Department s budget, would he have needed to bring this matter before the Town Council, or could he have hired the two new dispatchers under his own authority--.
Mr. Galligan said that, ordinarily, the Council would approve the funding of the hires not, necessarily, the hiring itself. However, the Town Manager said he wanted Council to know that (1) he was on top of the situation; (2) it is a matter of concern; and (3) he did not want Council to be surprised when he came before them at a later date seeking funds from Contingency to meet expenses incurred because of these remedial actions.
Councillor Fine cited an occasion she had experienced several years ago when she had to depend upon a South Windsor Dispatcher to take care of an emergency situation. The Councillor stressed that when you are in an emergency situation you do not want to share the Dispatcher s attention with several other tasks he or she may be performing.
Councillor Burnham reminded Council of his questions of Chief Tyler, during Budget time, when the Councillor had asked about Dispatchers. At the time, he said, Councillor Tyler had informed them that he had gone through three pages of dispatcher candidates without finding a qualified one. The Councillor said that, at the time, he had suggested incentives to get more qualified people to apply. He felt that the current hourly wage for these part-time Dispatchers ($9/hour) was ridiculous - particularly when considering their responsibilities.
ITEM:
17. G. (Continued)
Town Manager Galligan explained that these part-time Dispatchers did not belong to the Union because they worked less than 20 hours per week. Additionally, incentives and such must come up in contract negotiations with the Union; and, if you hire someone higher than what the pay scale is, that is a violation of the contract. What is being done in this instance, he continued, is to try to work with the Union to see what can be done to attract people to these positions.
Deputy Mayor Havens asked that the Town Manager come back to Council to take care of these concerns.
F Discussion Item Placement of Utility Company Generators or Similar Fixtures on Public Property
Town Attorney Barry Guliano, stating that this was an issue the Town Council had asked him to look into and then draft an Ordinance pertaining to back-up generators Cox Cable has been placing on public rights-of-way.
Atty. Guliano began by giving the Council a quick overview of where the entire issue of back-up generators began. He explained that these generators have been set up in other Towns prior to this time; and, since they are fueled by propane gas, they are there to provide back-up service when there is a loss of electrical power. Cox Cable also provides, in some cases, telephone service.
According to the Town Attorney, the problem that has been created is that when installed in other communities (i.e., Manchester and Glastonbury), they have done it with virtually no information provided to the municipality even though they are placing these generators on public right-of-way. As a result of this, he continued, there has been recent litigation before the Connecticut Dept. of Public Utility Control (DPUC) which regulates utilities.
That action, he said, was brought by several parties among which was the Town of Suffield, and several State agencies all of which have argued that Cox Cable should have to provide information to the Towns before installing these back-up generators on public rights-of-way.
ITEM:
17. G. (Continued)
Atty. Guliano then referred the Councillors to material he had provided namely, excerpts from the DPUC Decision. He pointed out that it is mentioned in this Decision that there have been a couple of safety issues in Glastonbury, where there have been leaks in the propane gas; and the Glastonbury Fire Marshal has been unable to get into the box to do anything; and has had difficulty contacting Cox Cable to have these generators fixed because the company is located in so many different areas of the Country i.e., Rhode Island; Atlanta, Georgia; California, etc.
Apparently, according to the Town Attorney, there have been issues about the safety of the box, itself. Explaining, Atty. Guliano said that, particularly because of its proximity to the roads they are located on, these fixtures should be a break-away box (which it is not); should have a cement pylon located in front of it; and is particularly dangerous because two (2) 40-gallon propane gas tanks are a part of each generator and, if hit by a car, could explode.
Because of these problems, Atty. Guliano said litigation before the DPUC began last year. That litigation was finally ended with the decision that came down this past March. At that time, he said, South Windsor was looking at the possibility of passing some type of Ordinance that might require Cox Cable to give the Town some say or regulatory powers over this installation before they were place on the public right-of-way.
Continuing, Atty. Guliano explained that the reason he was coming to Council with a discussion item on this matter, rather than a draft Ordinance, is because the decision handed down by the DPUC states that Cox Cable, as a public utility, is not subject to Town Ordinances with respect to the placement of their equipment. That part of the law, he added, is preempted by the Federal and State government.
However, also stated in the decision by the DPUC is that although Cox Cable does not have to abide by any Town Ordinance, the DPUC is ordering Cox Cable to consult with the Town (1) before any installation is done; (2) get prior consent from abutting landowners; and (3) that an emergency procedure be put in place so that the Town and homeowners are protected.
ITEM:
17. G. (Continued)
Explaining further, Atty. Guliano said he has been in contact with the Attorney General s Office (who argued this for the State of Connecticut) and has been advised, among other things, that (because of the DPUC s decision) there is no Town in Connecticut that has attempted to pass an Ordinance regarding this.
Atty. Guliano said he would be speaking with the Town Attorney from Suffield regarding their future plans regarding this; with CCM to see if other municipalities are interested in getting involved in this; and with the DPUC and the DOT to see how can South Windsor be in a position to help enforce those orders that were made against Cox Cable.
Councillor Streeter asked how often residents in South Windsor experience a loss in electricity. He predicted it was very little time and he questioned the need for these generators. He asked how many of these fixtures the company were planning to place in Town; and what would be the tax revenue their placement would generate. He also asked what would happen if a resident refused to give permission for its placement on their property.
Councillor Pelkey felt that it cost nothing for the Town to create an Ordinance which, perhaps, could be used in a Court of Law (whether or not it carried any weight). Atty. Guliano, however, said he did not want to create a frivolous Ordinance which could, in reality, cost the Town a lot of money in defending the Ordinance.
The Councillor then asked where Planning and Zoning powers entered into this whole thing. Atty. Guliano replied that, ordinarily and if it were anyone other than a public utility placing these on public property, a permit would be required.
Questions from Councillors arose regarding their placement in areas serviced by natural gas; their accessibility in an emergency if they are covered with snow; who is responsible for their maintenance and the liability associated with their presence and the fact that they could be an attractive nuisance. Atty. Guliano pointed out that Cox is going to own this; and, to the extent that they don t maintain it and it causes an injury it would be Cox s responsibility not the Town.
ITEM:
17. G. (Continued)
Councillor Fine asked if Council could put forward a Resolution stating the Council s objection to these sitings without a very specific formula being followed for the siting. Atty. Guliano agreed that the Town should get on record in some form be it a Resolution or a letter that the Town felt these created a safety hazard, etc. It was his belief that this could be a problem further on down the line.
Councillor Fine asked for a Resolution to that effect. However, the Town Attorney suggested that it be tailored to a particular siting rather than in general.
Councillor Delnicki wondered if Cox Cable, following this DPUC decision, might not want to entertain negotiations to come up with mutually agreeable procedures. He suggested that the Town Attorney contact Cox Cable to see whether or not they are willing to negotiate something that would address the concerns spoken of this evening.
Following further discussion regarding this issue, Deputy Mayor Havens asked the Town Attorney to return to Council with ideas where the Town might have some control over the placement of these units.
H. Discussion Item Street Lights in Common Area Developments
Councillor Williams pointed out that this has previously been discussed where the Town Manager had provided some statistics i.e., there are about 4,500 lights in the community that the Town pays CL&P for the use of those lights. The budget for these expenses is about $333,000. The Councillor asked how much can be saved by buying these lights from CL&P. She asked that this be done.
Mr. Galligan said that he had a meeting tomorrow morning with CL&P regarding this issue. The Town s preliminary numbers, he added, come from CCM and have been verified. Torrington, he said, bought their lights; and he added that South Windsor was looking at possibly a $181,000 savings in that Budget by taking the lights ourselves (this, he added, does not include maintenance).
17. G. (Continued)
Some of the developments being spoken of this evening own the lights themselves; and some of them CL&P own. It is being determined at the present time who owns what. What has been learned from all this, according to the Town Manager, is that CL&P has many divisions and can tailor the cost of those lights to meet the financial needs from division to division. Mr. Galligan said there is a huge, huge profit margin there (for CL&P) on the cost of the lights; and he felt the Town would be better off owning them.
Councillor Williams then asked that a Resolution to purchase the lights from CL&P (including the Common Area Developments) be placed on the next Agenda, and the subject be discussed again at that time. Mr. Galligan agreed that more information would be available by that time.
Councillor Aman said that he had a problem with paying a lot of money for a light that was donated to CL&P in the first place. He was referring to the fact that contractors very often paid for street lights in a new development, and then, upon completion of the project, turned around and donated the lights to the utility company. Mr. Galligan said that this was a part of the negotiations that CCM had advised them that some of these lights should either be free, or of minimal cost.
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
21. Motion to Adjourn
A motion to adjourn was made at 10:00 p.m.; duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A)
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