TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 October 15, 2001
TOWN COUNCIL Regular Meeting
Council Chambers South Windsor Town Hall
Members Present: Mayor Lassman Fisher (Present from 8:00 p.m. to 8:45 p.m.)
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Prior to this Meeting, Mayor Lassman Fisher had presented Proclamations to the architects of the September 29 Candelight Vigil held in observance of the terrorist acts and tragedies of September 11, 2001 in New York and Washington Laura Burrill, President of the High School Interact Club; and Jacqueline Lewis, President of the High School s Student Council Seniors representing the Student Council.
The Mayor then presented Proclamations to South Windsor s Timothy Edwards Middle School 6th and 8th Grade Problem- Solvers for their success in National Competition.
Approximately forty (40) Certificates of Appreciation were then presented, by the Mayor, to the Town s Baseball and Softball Little League Champions and their Coaches specifically 9-10 year-old Boys Baseball District A Champions, and 11-12 Girls District A Softball Champions.
Shortly after presenting these Awards, Mayor Lassman Fisher (who was still recovering from recent major surgery) turned the meeting over to Deputy Mayor Havens, and left.
Deputy Mayor Havens informed the listening public that this was Council s first night of being televised by new cameras and other equipment. He reminded everyone that staff was still getting the kinks out of it, but he hoped the reception in residents homes was better--and would continue to improve.
ITEM:
5. Public Input
The first speaker under this item was Roy Normen, Homestead Drive, said he had two concerns he wished to bring to Council s attention (1) the mailing on the Referendum Question he wasn t certain that it was in accordance with the Master Plan, particularly since it did not provide a breakdown of the costs of each of the Parks being proposed. He was also concerned that the plans had been changed for the Priest property, in spite of the fact that Council meetings had stressed the importance of sticking to the Plan.
Mr. Roy said that his second item of concern was the issue of street lights in common area developments being brought forth by Councillor Williams. He felt it was interesting that it was being brought up by the Democrats two weeks before election; and reminded everyone that this same plan had originally been presented by Councillor Aman on October 3 of this year. Mr. Normen then went over, chronologically, what he felt were actions taken, and comments made by the Democratic majority on the Council regarding the issue of the Town reimbursing the common area developments for street lights in their area that were now contradictory to their previous actions and comments.
The next speaker was Robert Moeller, Chairperson of the Patriotic Commission. Mr. Moeller, too, commented on the dedication and efforts of High School students Laura Burrill and Jacqueline Lewis that went into the Candlelight Vigil. On another matter, Mr. Moeller brought the Council up to date on Veterans Day commemoration plans. South Windsor would once again, he said, be participating in the MetroHartford Veterans Day Parade which would, this year be held on November 10. On November 11, South Windsor would be holding their own memorial service a difference this year, however, would be location. Because of the ongoing renovations being done at Veterans Memorial Park, Mr. Moeller said, the Memorial Service would have to be moved to the Pavilion at Rotary Field. This
service, he added, would commence at 11:00 p.m.
ITEM:
5. Public Input
Mr. Moeller also stated that the reason for his lateness at arriving at this meeting was because of a discussion being held between the Patriotic Commission and Director of Public Works Michael Gantick regarding the possibility of installing a brick walk near the flagpole and the two veterans monuments at VMP. The idea, he said, came from the Town of Bristol where this was done. The object of this work would be to embellish the memorial area of the park over the next year or two.
The Deputy Mayor then complimented Mr. Moeller and the Patriotic Commission on their part in the Candlelight Vigil and accompanying ceremony.
6. Environmental Health and Safety Message
Councillor Pelkey commented that in his door-to-door campaigning he had noticed that many homes were not displaying house numbers that were large enough to be obvious to emergency vehicles should the need arise.
Councillor Williams said that a team of Town officials have been formed to meet together, perhaps monthly, to discuss bio-terrorism, chemical warfare, etc. Both the Board of Education and the Town Council, under the guidance of the Town Manager are being pro-active rather than reactive; and are reviewing and planning to update management and emergency plans that have been in existence in South Windsor for some time. She asked the Town Manager to explain more fully.
Mr. Galligan said that the Town would be trying to address concerns regarding the spread of anthrax, and other terrorist activities. Information, he added, would be added to the Town s web site; employees have been instructed on how to open mail in light of the spread of anthrax through this means.
The Town Manager said that the Board of Education has worked very well with the Town s Police Department when dealing with emergencies. This system, he continued, would be refined in preparation for possible emergencies. Another step, he informed Council, would be to contact the Federal Emergency Management Agency (FEMA) in Washington to ask that Town officials be allowed to meet with them to review South Windsor s emergency plan.
ITEM:
6. Environmental Health and Safety Message
Mr. Galligan also informed Council that Councillor Roseann Williams would be the Council member of this group because she worked with Manchester/Rockville Hospitals, and because of her affiliation with ECHN. Included in the training and programs being discussed were different types of drills as to what should be done in a particularly emergency situation, and who should be doing it.
Councillor Burnham asked if these meeting were something that the Council s Public Health and Safety Committee should be attending. Saying that, to his knowledge, the Public Health and Safety Committee has never met, Mr. Galligan suggested that perhaps this Committee should be charged with the responsibility of looking at security in buildings and working with the Police Department. The Disaster Plans, according to Mr. Galligan, are set by either State Statute, or FEMA and it is usually the Town Manager.
Councillor Delnicki asked the Town Manager if there were any active Civil Defense groups in our community. He cited Towns such as Windsor which employed amateur radio operators to take a role in providing emergency communications and services. He also said there were a number of Towns who have volunteer groups that integrate and participate with Town staff to compliment staff in times of emergency.
Replying that he was not aware of any Civil Defense Director being active in South Windsor, Mr. Galligan said that the topic of using local amateur radio operators had been discussed at this meeting; and he felt that exploring the possibility of reactivating the position of Civil Defense Director was a good idea. Referring to the topic of emergency communications, Mr. Galligan mentioned that one of the topics being discussed this evening was the construction of a communication tower in South Windsor; as well as the use of the old tower as a back-up system.
Councillor Delnicki asked that the option of using amateur radio operations be explored further. The Councillor then read the charge of the Public Health & Safety Committee as contained in Council s Rules and Procedures which he felt was very clear, and relevant.
ITEM:
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of September 4, 2001; and Public Hearing of September 24, 2001 (re. $5,000 Appropriation for Consulting Services for Housing Authority).
Was made by: Councillor Burnham
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
10. Communications and Reports from Town Manager
Mr. Galligan informed the Town Council that the Town s Planning and Zoning Commission had accepted the conceptual plan for Evergreen Walk. He complimented the Commission on the openness of the Pubic Hearings held on this project.
Secondly, the Town Manager reminded Council that they had requested a traffic study associated with the Town s use of the old Post Office building on Sullivan Avenue. Stating that Councillor Aman had brought up the issue of access to this facility, he said the Town s new Engineer is taking a look at this.
Regarding the purchase of a public address system, staff was currently looking into the cost and requesting quotes.
Regarding Cox Cable and the Town s association with this utility, Mr. Galligan said that he would be sitting down with the Cable Advisory Board to determine what type of Resolution Council should be looking for to give this Board much more power. Saying that dealing with the DPUC was just not working out, the Town Manager said that there were many other Town Managers who were very frustrated with the dealings they have had regarding Cox Communications Access Channel and the problems associated with broadcasting.
Speaking to the issue of street lights in Common Area Developments, Mr. Galligan said that he was aware of the many long-standing issues associated with this; however, Councillor Williams has asked for a Resolution outlining a reimbursement formula for the use and maintenance of these lights.
ITEM:
10. Communications and Reports from Town Manager (Continued)
What was decided, he continued, was to look at the street lights based upon the snow removal program looking at what it would cost the Town to pay for its own lights, and then apply the formula to street lights in Common Area Developments.
The Town Manager then went through the other items contained in his Town Manager s letter namely, changes in the economic development activities in Town Hall; the drawing up of a master list of all the businesses in Town (what type, what they sell or what type of services they provide, where they re located, etc.) The purpose of this list, he said, is to encourage doing business with local firms.
Councillor Delnicki asked if revaluation surveys had been sent out to some residents, but not to everyone. He asked the Town Manager to fill the public in on the status of revaluation. Mr. Galligan said that the Town was, presently, in the midst of revaluation; and, according to State Statute, the Town had to do a revaluation the last one being in 1995. The Company chosen to do this job is charged take a look at properties randomly selected; as well as properties that have not been looked at prior to 1999.
A finish date for this revaluation, according to the Town Manager, would probably be sometime in 2003 or 2004 to be ready in 2005. He pointed out that it usually takes two to three years to get all of this work done.
In response to Councillor Delnicki s question if everyone would get a survey or if selected properties, only, would be receiving one, Mr. Galligan responded said the process was initiated with selected properties because they may be properties that have not been looked at for some time. Mr. Galligan then suggested that Council allow him to invite the Town s Assessor, Charles Danna, to be present at an upcoming Council meeting to update its Members on the revaluation process. Councillor Delnicki felt this was a good idea.
On another issue, Councillor Delnicki asked where matters stood regarding a Resolution on the Dispatchers. Mr. Galligan said that Chief Tyler and Director of Finance Melanie Crucitti were looking at numbers right now to see where money can be saved within the Police Department Budget. When this is accomplished, they would get back to the Town Manager; and if a Resolution was needed, it would then be drafted for Council s consideration.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Deputy Mayor Havens, referring to the fact that Governor Rowland may be calling up a Session of the Legislature again, asked the Town Manager if he knew where State Aid to municipalities stood were there to be cuts; and, if so, was South Windsor one of the municipalities being cut, and how we would handle this. Mr. Galligan said that CCM had sent the Town Manager a list of the proposed cuts by the Governor. Pointing out that it is a two year budget, Mr. Galligan said that on the Town side we may have lost $100,000; on the Board of Education side, however, it could be as much as $787,000 because of the ECS Funding.
Based upon the two-year Governor s projection, according to the Town Manager, South Windsor was in pretty good shape. Mr. Galligan felt the Town could be hurt by more money having to be directed toward safety issues resetting priorities could have serious impacts on budgets. This, he added, was constantly being monitored.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Burnham, referring to the South Windsor male and female winners of the recently held Hartford Marathon, asked if Mr. Galligan would be certain to secure the information on who they were, and their time in the race.
Councillor Williams, referring to the fact that it was election time, asked to address what were detracting remarks made this evening that she felt needed correction and clarification. The Councillor stated that nobody listened to the residents of these Common Area Developments regarding their requests for trash collection, snowplowing, and street light reimbursement for their areas until this Democratic Council did four years ago. Continuing, she said that the only remaining issue is now the street lighting; and she, the Town Manager, and the Town Attorney have met several times with Senior groups, residential groups, and condominium owners to talk about these issues.
Councillor Williams stated that these issues were issues when the Republicans were the majority, but they were not addressed.
ITEM:
13. Communications and Petitions from Council (Continued)
In conclusion, Councillor Williams addressed the issue of the placement of this Resolution on tonight s Agenda. She stated that, under normal circumstances, the Clerk of the Council decides who will be assigned a Resolution unless, of course, a Councillor asks specifically (as she did in this instance) for a specific Resolution. She stated that Councillor Aman confirmed to her that he had never asked for this Resolution. Also, she felt it was important that the public know that the $30,000 being spoken of regarding this street light issue was destined for the Police Department Budget prior to these actions.
Councillor Aman, addressing that same issue said that (1) street lighting is part of the Police Department Budget he said he did not know why since they don t really have anything to do with it; however, there where it is. (2) The Councillor said he was looking at the upcoming Resolution regarding street lights as saying Matt Galligan, do your job! This was because, at the time the Budget was passed, the Amendment was very clear as to what the money was to be used for, and directed the Town Manager to design a plan with the condominium associations and have the money to fund it.
Councillor Aman concluded by saying that if, once again, this type of Resolution is needed by the Town Manager to clarify for him exactly what policy and procedures he should design to cover this then fine.
Councillor Pelkey, having taken offense by an inference he felt was made previously by Mr. Roy Normen, asked Town Attorney Barry Guliano is it was not correct that he could vote on any condominium issue as long as it was all-inclusive of all the condominiums in Town?
Atty. Guliano said it might be worthwhile for him to explain this for the benefit of the Council as well as the public. Generally, speaking, he said, it is generally understood that if you look at conflicts of interest broadly enough, public officials wouldn t be able to vote on anything i.e., when you (the Council) adopt the budget or set a Mill Rate, this obviously affects each Councillor individually. In that sense, he pointed out, Council has control over its own taxes.
ITEM:
13. Communications and Petitions from Council (Continued)
Atty. Guliano stressed that, clearly, Council must be able to do this. What the law says, however, is that if you re affected the same as everyone else (a broad category of people) that s not going to be a conflict of interest because you re not really affecting yourself, directly, you re affecting either the entire Town, all residents, all homeowners, all condominium owners, etc. This is why, according to Atty. Guliano, if someone is voting on something that is general to just condo-owners, even if they are condo-owners themselves, as long as it applies to all condo-owners, in his opinion, this was permissible.
Explaining further, Atty. Guliano said that if a lot of people are affected similarly, then it is less likely to be a conflict. If that number diminishes, and it s getting closer to affecting a particular Councillor and, maybe, a select few people, then it is closer to a conflict of interest. That, he said, was the opinion he had given previously regarding discussions on South Windsor s common area developments including condominiums.
Councillor Delnicki said he wanted everyone to know that the 10th Anniversary of Family Awareness Day will be held on Saturday, October 27, at the Community Center. Part of the activities planned, according to the Councillor, was a one-mile Fun Run, and a 5K Hog Jog. The proceeds from these two activities, he said, would benefit two worthy causes--the South Windsor Honor Guard, and the South Windsor Teen Center.
Councillor Fine relayed a request that large political signs associated with the upcoming election not be placed around at the polling locations that there had been problems, in the past, with these large signs because of high winds. A lengthy discussion followed regarding restrictions on political signs. Town Manager Galligan said he had no control over their size; and Atty. Guliano stated that the Courts give a lot of latitude to political signs.
Councillor Burnham asked the Town Manager to find out why voters cannot access the polling location in the gymnasium at Eli Terry School through the front door, rather than the back door as has been done for years. He made the point that the location to the rear of the school where voters enter is very dark by sundown. He felt that if it were not possible to use the front door of the school, better lighting should be installed at the rear of the school. Mr. Galligan said he would try to coordinate a solution with the Registrars.
ITEM:
14. Public Participation - None
15. Consent Agenda
Motion to accept Agenda Items 16. A., B., and C. .as the Consent Agenda.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
16. Unfinished Business
16. Unfinished Business
*A. Appointment of Thomas Hindson, Jr. (D) as an Alternate to the Inland/Wetlands Agency
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.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of John J. Mitchell (R) as an Alternate to the Economic Development Commission
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.
(APPROVED BY CONSENT AGENDA)
*C. Appointment of Timothy M. Moriarty (R) to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council appoints Timothy M. Moriarty to the Patriotic Commission for a term ending August 31, 2003.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
A. Resolution Accepting the Resignation of Viney Wilson (D) from the Park and Recreation Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Viney Wilson from the Parks and Recreation Commission--said resignation being effective immediately; and thanks Viney for the many years she has devoted to serving her community particularly as both a Member and the Chairperson of the Park and Recreation Commission.
Was made by: Councillor Pelkey
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
B. Resolution Accepting the Resignation of Thomas Ruby (D) from the Park and Recreation Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Thomas Ruby from the Park and Recreation Commission--said resignation being effective immediately, and thanks Tom for the time he has devoted to the Parks and Recreation Commission in service to his community.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
C. Resolution Accepting the Resignation of John L. O Connell (D) from the Inland-Wetlands Agency
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of John L. O Connell from the Inland-Wetlands Agency--said resignation being effective immediately; and thanks John for the time he has devoted to the Inland-Wetlands Agency in service to his community
Was made by: Councillor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
D. Resolution Approving a Tax Refund to Five (5) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to five (5) South Windsor taxpayers, the total of said refunds being $898.55, and as shown on attached Exhibit A.
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
E. Resolution Approving the Transfer of $35,677 from the Economic Development Coordinator s Professional Account to Various Other Accounts
BE IT RESOLVED that the South Windsor Town Council approves the transfer of $35,677 from the Economic Development Coordinator s Professional Account Number 1146-1460-320 to the following Accounts:
1192-1921-110 Central Services Full-time
Salaries $27,000
1930-9006-130 Social Security 2,066
1940-9007-130 Health & Life Insurance 6,611
Total $35,677
Said transfer is to cover the salary and benefits of the Administrative Secretary that was hired to assist the Town Manager with economic development.
Was made by: Councillor Burnham
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
F. Discussion Item Kelly Truck Traffic
Atty. Guliano reminded Council that Councillor Delnicki, in response to residents concerns, had raised the issue of a possible Ordinance to control truck traffic on Kelly Road. The Town Attorney stating that the Town has had a good deal of experience, unfortunately, with that type of Ordinance, he said he would be looking at the current status of the law to see if something could be done.
The Town Attorney then pointed out to the Council Members that he had left them a packet containing an outline of what he would be discussion. The first document he alluded to was an Ordinance from the Town of East Hartford that affects several streets that run from East Hartford into South Windsor King, Main, etc. In each case, he added, the Town of East Hartford has prohibited truck traffic on roads that are not merely interior streets, but do in fact travel into another Town.
East Hartford s Ordinance, according to Atty. Guliano, may be patterned after South Windsor s old Ordinance drawn up in 1984 that was ultimately struck down by the Courts but, also, has never been challenged.
Atty. Guliano included in the packet a brief history regarding regarding truck ban ordinances. He then explained some of the details regarding resident and Town efforts to restrict truck traffic on Rye Street in South Windsor; and the fact that the Town did ultimately adopt an Ordinance which was immediately challenged by Manchester Sand and Gravel, the City of New Britain, and the Town of East Windsor who brought suit against the Town of South Windsor seeking an injunction saying that South Windsor s Ordinance should not be enforced, and listing the reasons.
Eventually, according to Atty. Guliano, the Ordinance was struck down at the trial court level; the Town appealed first to the Appellate Court--the case was taken by the Supreme Court because of its uniqueness--and the Supreme Court, in contrast to the Appellate Court, did not deal with the issue of an alternative route, or whether exempting municipal vehicles was a Constitutional problem. The Supreme Court found, he said, that there
ITEM:
17. F. (Continued)
was a Connecticut General Statute (14-298) that speaks to the duties and jurisdiction of the State Traffic Commission, and found that the previously mentioned State Stature gives sole jurisdiction to the State to regulate trucks that are passing between two Towns. (A copy of the Supreme Court s decision is also included in the packet provided to Council.)
None of the forgoing deals with interior roads a road that starts and ends in the same Town, Atty. Guliano said; and added that you can, obviously, regulate, and even ban, truck traffic interior roads. Kelly Road, he pointed out, does travel into another Town (namely, Vernon).
In summation, the Town Attorney informed Council that there would be three (3) big issues the Town would face if it tried to regulate through truck traffic. (1) State Statute 14-298; (2) if such an Ordinance were adopted, the same exemption would have to apply to municipal vehicles and trucks that have a point of origin in that area or a destination in that area; and (3) and a reasonable alternative route is available.
The Town Attorney said the reason he came before Council was because he felt that the Kelly Road situation, at least, is different from the last case. He felt that it would be easier to prove that, in the Kelly Road case, there is an easier route that is by staying on the State highway and not coming up Avery Street and then onto Kelly Road.
The South Windsor case, he said, is still the law of the State; there s been no case since then that has changed the law. The glimmer of hope remaining is that this is a different set of facts than the Rye Street case; and, if it got down to the provision of a reasonable alternative route, the Town Attorney felt that South Windsor could meet that requirement.
Atty. Guliano said that if the Council were to consider imposing such a ban on Kelly Road, he strongly recommended that the ban not apply to Kelly Road only, but should also apply to Dart Hill Road so that Council was not merely shifting the traffic onto another residential street in the area.
ITEM:
17. F. (Continued)
Councillor Pelkey asked for the technical definition of a truck. Atty. Guliano said that, last time, 15,000 lbs., gross weight. He was informed that in East Hartford, it was 7,000 lbs. The Councillor said that, in preparation for tonight s discussion, he had canvassed Kelly Road for input regarding this situation. He said he had been most specific in his questions i.e., if they were referring to tractor-trailer trucks, etc.
The road, he added, is .7 of a mile long. Some of the complaints he heard were: Traffic diverted from Route 84 because of an accident were sent down Avery to Kelly the residents as why is wasn t sent to Route 30 instead; an accident took out a telephone pole and a speed limit sign, and the sign was never replaced. Councillor Pelkey noticed no lack of speed limit signs on the road presently; but was asked why the words Radar Enforced or Strictly Enforced were not added.
Other resident s comments were it s not the 18-wheelers that make all the noise, it s the lawn care trucks and trailers; the vibrations caused by 18-wheelers. Councillor Pelkey asked about the sub-base of Kelly Road; and whether or not a new road could take care of that.
The comments heard most often from the residents was.. What s worse than the trucks are the kids with the stereo systems blasting so loud that the whole house shakes; the noise from motorcycles racing from stop sign to stop sign, etc. Another problem voiced was one of vehicles driving right through the stop sign, making no stop at all; traffic being so bad that residents cannot get out of their driveways.
After driving the road, Councillor Pelkey said what he did notice was…(1) the poor visibility of the stop signs at Kelly and Oak (coming from Vernon); and Kelly and Diane Drive (at the Oak Street intersection). (2) the speed limit in both directions for the entire length of the road should be the same (25 mph)--currently, it is 25 mph in one direction; and 30 mph from the other; (3) upgrade the speed limit signs to include the words Strictly Enforced; and, once the new signs are in place, move the portable radar now being borrowed from the Town of Manchester and locate it on Kelly Road--and follow it up with speed limit enforcement. Councillor Pelkey asked the Town Manager to pass these suggestions on to the Chief of Police.
ITEM:
17. F. (Continued)
Councillor Delnicki stated that he, too, had spent substantial time on Avery Street, Dart Hill Road, and Kelly Road looking at this problem and speaking with residents of those areas. He felt that the ban on traffic in these areas is a doable item. (The Councillor then distributed to the Members of the Town Council a map he had highlighted depicting the three areas substantially impacted by truck traffic Avery, Kelly, and Dart Hill. Also contained on the map was the alternate routes, namely Routes 30 and 83 a four-lane State road, and Interstate 84.)
Councillor Delnicki said he had taken the time to drive these routes and time them and Interstate 84 is a far far better route for truck and car traffic. Also, he continued, this applied to Routes 30/83. He concluded with the fact that he felt the proposed Ordinance was a step in the right direction. The Councillor referred to the speed informer currently being used on Beelzebub Road in South Windsor (large device placed by the side of the road that lets the driver know how fast he/she is going at that moment and in that location.) in its vicinity.
Councillor Delnicki then requested that this speed informer device be located on Kelly Road for a time; and further suggested to the Town Manager that he ask Police Chief Tyler to inquire into the possibility of South Windsor purchasing such a device of its own. He felt it could be used as a permanent tool to educate the public and, secondly, to promote selective enforcement.
Pointing out that East Hartford s Ordinance has been in effect four or five years, Councillor Delnicki expressed his feelings that Kelly Road would be difficult, if not impossible, to widen; there are alternate routes more suited to heavy truck traffic; and the quality of life on Kelly Road and Avery Street was an important consideration.
Councillor Fine asked what type of a truck weighted 15,000 lbs. was it a pick-up truck, a tractor-trailer; or whatever. Councillor Streeter mentioned that just the cab on a tractor-trailer truck could weigh about 16,500 lbs. Atty. Guliano felt that the Town mentioned 15,000 lbs., deliberately, in order not to include pick-up trucks. Councillor Fine then expressed her concern that banning the trucks on one street would open the doors to many requests for the same treatment on other streets in Town.
ITEM:
17. F. (Continued)
Atty. Guliano said he appreciated Councillor Fine s bringing up just that possibility. He noted, for Council s information, that Kelly Road is not the only road in Town that has asked for this one of which is Governor s Highway.
Councillor Burnham asked that Clark Street (from Chapel Road to Pleasant Valley); and Pleasant Valley Road (to the Manchester Town Line) be considered for a similar ban. He referred to East Hartford s Ordinance and the fact that it mentions all the streets that fit into the category of being unsuitable for heavy truck traffic. He felt there was no point in having to do an Ordinance for each such street as the case arose.
Councillor Burnham pointed out that Governor s Highway, in particular, has been seeking relief from through truck traffic for many years. He asked that they definitely be included in any upcoming Ordinance on this issue.
Atty. Guliano said that Council must remember that East Hartford s Ordinance only mentions other roads because those are the ones trucks would then resort to when cutting off their use of Main Street. However, he pointed out, East Hartford s Ordinance does not address all the roads in East Hartford that are banned for truck traffic. He said he was not sure he would recommend such a procedure because each situation is different; and you could end up with an Ordinance that is unwieldy.
Councillor Aman felt that Kelly Road, itself, was unique; and asked Atty. Guliano, prior to coming up with an Ordinance to look, particularly, at the weight limit, and speak with the Chamber of Commerce, and others, regarding this. He felt that 7,000 lbs. was probably too light; and that 15,000 lbs. would hurt some of the Town s businesses, and not affect the trucks the Town was really concerned about.
Councillor Aman said that he wished to see the signs saying Trucks Requested Not to Use this Road to up soon because, speaking with truckers, they have stated that when they see such a sign, they avoid that road if at all possible; and such signs would begin to educate the truckers so that if and when an Ordinance is passed, truckers would probably not be surprised and caught unaware.
ITEM:
17. F. (Continued)
Deputy Mayor Havens then asked the Town Attorney to begin to prepare an Ordinance prohibiting truck traffic on Kelly Road. However, he called for caution regarding when and how it is written.
Atty. Guliano asked for clarification as to what exactly Council was requesting. Again, he said, he was strongly recommending that any Ordinance dealing with Kelly Road also include Dart Hill Road.
G. Resolution Appointing the Firm of Scully & Wolf as Auditors for the Town of South Windsor
WHEREAS, it is the Audit Committee s intent to rotate Town Auditors on a regular basis as this is considered to be good business practice; and
WHEREAS, there has been a major revision in Government Accounting Standards (known as Government Account Standards Board Statement 34 or GASB 34 )--with said revisions scheduled to take effect in Fiscal Year ending June 30, 2003; and
WHEREAS, in light of these major revisions, the Audit Committee recommends that it is in the best interest of the Town to retain our current auditors for an additional two years to help implement the significant changes; and
WHEREAS, at the expiration of this two-year period it is the strong recommendation of the Audit Committee that the Town rotate its auditors
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby appoints the firm of Scully & Wolf, of Glastonbury, Connecticut to audit the books and accounts of the Town of South Windsor, as provided in the General Statutes of the State of Connecticut; and
BE IT FURTHER RESOLVED that the fee for said auditing service by Scully & Wolf will be $32,500 for the Fiscal Year ending June 30, 2002; and $33,200 for the Fiscal Year ending June 30, 2003 and for a term expiring December, 2003.
Was made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
H. Resolution Approving Reimbursement of the Cost of Street Lighting to Common Area Developments
WHEREAS, it is the intention of the Town Council to provide municipal services to all residents in a fair and equitable manner; and
WHEREAS, the Town Council has determined to be provide cost reimbursement for street lighting along interior roadways for common area developments
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the following street lighting reimbursement policy for common area developments:
Based on the roads within a common area development that have been determined to be eligible for snow removal reimbursement costs, the Town Manager, or his designee, shall inspect those areas and determine the appropriate number of street lights that are directly related to the illumination of said roadways
Reimbursement shall be at the same rate the Town of South Windsor currently pays Connecticut Light & Power Company for street lights on Town roads
Such reimbursement of street lighting costs shall be paid to these common area developments, quarterly, effective January 1, 2002
and
BE IT FURTHER RESOLVED that the Town Council directs Town Manager Matthew B. Galligan to prepare and present, for Town Council approval at its December 3, 2001 Regular Meeting, a detailed program for street lighting reimbursement for common area developments.
Was made by: Councillor Williams
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
I. Resolution Authorizing Town Manager To Execute Lease Agreement With SBA Properties, Inc. For Construction And Lease Of Communication Tower
WHEREAS, the Town issued a Request for Proposals to construct and lease a communication tower on Town property at the South Windsor Police Department, a portion of which tower is to be used by the Town for its police, fire, ambulance and municipal communications; and
WHEREAS, SBA Properties, Inc. ( SBA ) has been awarded the right to construct and lease such a communication tower, based upon its bid to pay the Town $525,000 up front for the right to construct the tower and lease space on it for commercial purposes, providing space for Town use at no charge; and
WHEREAS, the lease between SBA and the Town provides for an initial term of ten (10) years, with automatic renewals for two (2) additional five (5) year terms and one (1) additional four (4) year term, for a maximum of twenty-four (24) years, unless terminated sooner; and
WHEREAS, the up-front payment of $525,000 by SBA to the Town represents lease payments for the first ten (10) years of the lease; lease payments would be $2,000 per month for years 11 through 15, $2,300 per month for years 16 through 20, and $2,645 per month for years 21 through 24.
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute the lease agreement with SBA as described above on behalf of the Town in a form to be approved by the Town Attorney.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
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 11:15 p.m., duly seconded, and approved
Unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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