Minutes

 

Windsor Town Council

The Bloomfield/Windsor Joint Council Meeting

Council Chambers – Town Hall

June 12, 2001

Approved Minutes

Mayor Hogan called the regular meeting to order at 7:15 p.m.

  1. Present: Mayor Hogan, Deputy Mayor Curtis, Council member Albano, Council member Broxterman, Council member Haverstock, Council member Pacino, Council member Ristas, Council Member Simon, and Council member Trinks
  2. Guests: Senator Eric Coleman, Representative Mary Eberle, Bloomfield Mayor Faith McMahon, Bloomfield Council member Larry Pleasant, Bloomfield Council member Wayne Hypolite, Bloomfield Council member Ann Politis, Bloomfield Council member Joseph Merritt, Bloomfield Council member Carl Reisner, Bloomfield Council member Michael Wagner

  3. Discussion of the Windsor/Bloomfield Landfill

Mayor Hogan introduced Senator Eric Coleman and Representative Mary Eberle as the moderators of the meeting.

Representative Eberle discussed the things Bloomfield and Windsor have in common: animal shelter, regional drug task force, economic development, sharing the Blue Hills industrial area, a long border that the two towns share, families with extended families in both towns, etc.

Representative Eberle asked if there is a value in a continued relationship.

Bloomfield Council member Merritt said yes, there is a value in a continued alliance and cooperation.

Council member Haverstock is concerned that what has passed may be prolonged. Windsor and Bloomfield should find a way to resolve issues of the past and go their separate ways in the future regarding the landfill.

Council member Ristas has no objection in the principal of the towns cooperating on a limited basis. He believes in small towns/small government and local control of the fundamental aspects of government and schools. In particular, with issues where there is a significant benefit to both towns, he would support inter-town projects.

Bloomfield Council member Reisner stated that he always looked at Windsor as a partner with Bloomfield.

Deputy Mayor Curtis agrees with Bloomfield Council member Reisner, stating that at other times, we have worked very well together and the fact that we have come together shows proof of that cooperation.

Bloomfield Mayor McMahon always has seen the commonality that Windsor and Bloomfield have and families that are interlinked. She sees Bloomfield and Windsor being a great fit in a lot of aspects.

Council member Broxterman believes the two towns have cooperated in the past and believes there will be future mutual benefits. The towns work together well and at other times, agree to disagree.

Representative Eberle and Senator Coleman suggested to divide the discussion of the landfill from the past up until today and to try to bring some closure or understanding on those issues. Then the group will discuss separately the decision on the future of the landfill.

Bloomfield Mayor McMahon said that most of Bloomfield's council was around at the time of the landfill partnership. In Windsor, it was a budget defeat, and the former Town Manager was looking for ways to make up millions of dollars and balance the budget. He saw the enterprise fund as a good way to make up the funds. Windsor started taking out ½ million dollars out of the landfill revenues to manage the landfill and Bloomfield didn’t realize this until 1997. Bloomfield was hurt because they thought they were a partner and felt they were not being treated fairly. Bloomfield then proceeded to cut a deal with CRRA for their trash.

Mayor Hogan said that the amount of money is in question.

Bloomfield Mayor McMahon said the original amount was fair and reasonable and then Windsor increased the amount without any notice to Bloomfield.

Bloomfield Council member Merritt stated that the agreement was originally done as an equal partnership. Operating services and debt services would come out of the revenue.

Council member Ristas believed it was pilot, rent, ownership of land and management of operation. Originally it was quite modest, then went up with revaluation from an outside assessor’s valuation. The pilot went up significantly to reflect the value of the landfill when it was reevaluated. It was Windsor’s understanding that those costs could be recovered from the revenue. In hindsight, things could have been done differently. Windsor proceeded in good faith with the increase.

Council member Trinks has a concern of going back too far in history since many attending this meeting do not have information from that point in time. He agreed that yes, it is related to the issue, but we should take this forward to show two towns should work together.

Bloomfield Council member Merritt agreed that arguing over facts in the past will not resolve anything.

Representative Eberle said that we wouldn’t dwell on the past, but she feels it’s important to voice any issues.

Council member Haverstock feels that we need to discuss these issues. He has been hearing about this dispute and hopes that we can resolve it and move to the future without these past issues clouding the decision. He asked what is the best way for the councils to work together to reach a conclusion.

Council member Simon feels it’s important for the past to have a resolution. The two partners have found common ground in the past. The reason it needs to be resolved is that in 2004, the municipal solid waste permit ends. The second issue is Windsor has to determine what occurs in the future, close and cap the landfill or enter into an agreement with CRRA for future landfill management. He feels it would be reticent to entertain future agreements without closure to the grievances in the past.

Bloomfield Council member Pleasant reported that three or four years ago landfill sub-committees met to discuss the issues. At this point in time as partners, we have a responsibility of closure, which has a high price tag of about $30 million. We have to minimize the impact of the closure on our two communities. He feels both towns can amicably address the past issues. He would not like to dwell too much on the past regarding the communication issues on both sides.

Bloomfield Council member Politis reported that she didn’t come here to discuss the past. She was told that there would be a presentation to Bloomfield for the options of going forward. She was not prepared to discuss anything regarding past issues on the landfill.

Council member Broxterman agreed with Bloomfield Council member Merritt’s comments that the numbers are big enough that the small disagreement in the past will be taken care of. If the town chooses to close the landfill, those numbers won’t be there. The past history takes on a different perspective if this occurs. Closing is a cost out of all of our pockets. Entering into an agreement with CRRA would provide revenue.

Senator Coleman concluded that what happened in the past is a result of communication breakdown and issues. He recommended moving forward.

Town Manager Churchill reported that in evaluating current intake at the landfill and based on the permit elevation, there are three years left until capacity is reached. Other issues confronting Windsor is that they need a place for their trash to go. There are also some obligations under consent order regarding closure/post closure. There are related environmental issues, and we have to be considerate of minimizing community impact. The DEP will not permit expansion of municipal solid waste. The DEP has expressed enthusiasm for a bulky waste facility. The estimated cost for closure is $24.2 million.

Tom Lenehan, Town Engineer, said that part of the reason that the landfill is still open is that in 1994 a consent order was signed for MSW by the two town managers. One of the requirements is to identify migration leachate, maintain control, and collect leachate. They purchased 27 acres to control the leachate a few years ago. The DEP is reviewing (aggressively in the past few weeks) the collection system design.

Town Manager Churchill summarized the three landfill options from a Windsor perspective and referred to the handout:

  • Close landfill in June 2004
  • Town Operates Bulky Waste Site
  • 3rd Party Operates landfill

Bloomfield Council member Merritt said that it is his understanding that residents in the area are concerned and asked what remedies have been offered by CRRA.

Mayor Hogan reported that over 1,800 people have signed a petition, so the opposition is town wide, not just limited to residents in the immediate area of the landfill.

Town Manager Churchill reported that CRRA has publicly committed to taking on environmental liability, screening, and is contemplating a new road, although nothing definitive has been decided since no negotiations have taken place. It would be premature to do so until it was decided to enter into a contract with CRRA.

Council member Ristas said CRRA has publicly taken the stand to do as much as they can as part of the negotiation.

Bloomfield Council member Pleasant asked about visibility; and if the decision was to go with option 3, what would the height be. Town Manager Churchill responded that there are four options for height, a 33-foot increase in height, 53-foot increase, 73-foot increase, and 95-foot increase. There has been some satellite imaging to show where the landfill will be visible in summer and winter. A 33-foot increase allows the landfill to stay "invisible" from neighboring properties.

Bloomfield Council member Pleasant inquired about the traffic projections and noise/unsightliness of the traffic. Town Manager Churchill responded that Day Hill Road would have a 3% increase in current traffic and a 16% increase in truck traffic. When Day Hill Road reaches capacity it chokes off development in the area. Town Manager Churchill reported that there is currently a project to find out the capacity of Day Hill Road.

Bloomfield Council member Pleasant inquired about the odor issues and property values. Town Manager Churchill reported that the odor is periodically an issue currently, however, a bulky waste facility will reduce that. Town Manager Churchill said that, to date, the landfill has not had an impact on real estate values. In a recent study in the Cleveland area there was a 5-18% decrease in property values, particularly pronounced in the upper range of real estate when landfill is in the media.

Bloomfield Council member Hypolite asked where does Bloomfield fit in to the overall scheme in terms of the decision and partnership. Town Manager Churchill responded that we are here tonight to determine that.

Council member Simon asked what Bloomfield feels their role is in a decision regarding the landfill and what is their right in participation.

Bloomfield Council member Pleasant responded that we are partners by contract, which forces us to have a need to communicate and work out the issues regarding the landfill.

Bloomfield Council member Merritt agreed with Bloomfield Council member Pleasant. Bloomfield certainly has to rely on Windsor because Windsor owns the land, however, we are supposed to be partners. We intend to do the best for the Town of Bloomfield. He appreciates being included in the process.

Council member Haverstock said that it was in his opinion that a year ago Bloomfield wanted out of the landfill and wanted to minimize closure costs. He asked at what point does Bloomfield feel that they should share in the revenues above and beyond closure costs and what basis would that be.

Bloomfield Council member Wagner responded that it was a difficult answer, and we would have to delve into past issues. We need to have good quality communication. He asked whether or not the negotiations between Windsor and CRRA are approaching and are there any more public hearings scheduled.

Mayor Hogan replied that Windsor has not entered into negotiations. If the vote were in favor for CRRA, then the Town Manager would be given authority to go into negotiations with CRRA. The vote of the Council could go to a Town Meeting. It won’t just be a Town Council vote.

Bloomfield Council member Wagner asked if there is any additional information that Windsor feels it needs in order to make a full decision.

Council member Haverstock replied that it’s all about cost/benefit analysis. The reason he asked what Bloomfield is looking for is that he’ll have a hard time voting on this issue depending on what demands Bloomfield has.

Bloomfield Council member Merritt said that he thinks our differences comes down to realizing that we are equal partners except that the landfill is in Windsor. He believes that the difference exists in the future also. We recognize that difference and try to be understanding of that. It impacts the Windsor residents more.

Council member Pacino spoke to clarify what Bloomfield Council member Wagner stated. He personally doesn’t see any more information coming forward. We have to take that information and make a decision. There is a lot of dissecting of that information to be done and it makes a decision difficult. Bloomfield is going to have to make a decision that if Windsor chooses any of the options, this is what Bloomfield will do.

Council member Haverstock stated that it’s a complex decision, deciding if we go forward with or without Bloomfield and do we negotiate with CRRA first to assist in making the decision.

Council member Albano requested that Bloomfield plan to put this issue on their agenda and get back to Windsor.

Representative Eberle asked if Bloomfield would think an in-depth presentation in Bloomfield would be helpful. Bloomfield Council member Merritt said that is would probably help.

Representative Eberle also reminded the councils that there is a definite environmental liability to be considered.

Council member Haverstock recommended that the Windsor opposition group also give a presentation.

Council member Ristas wants to address what Bloomfield’s role is in the decision regarding these options. On the one hand, it is to express their opinion. The other end of the spectrum is that they are equal partners in the vote as to what option should be voted. Bloomfield decided to not send their trash to Windsor several years ago. It is in his opinion that Bloomfield’s actions (i.e., they are not sending their trash to us) puts them closer to the role of giving us their opinion, rather than the role of equal vote in terms of what we plan to do regarding the landfill. Council member Ristas wants to know what their prospective roles are.

Bloomfield Mayor McMahon sees the partnership as a marriage. The marriage doesn’t work so you split, but you don’t get divorced. Meanwhile you hit oil, but you are still married. Bloomfield did set up a contract, set up house, put in money for the land, equipment, and sent their money to Windsor.

Bloomfield Council member Politis said that Bloomfield was expecting that the revenue would be offsetting closure cost exposure.

Council member Simon said that Windsor recognizes that Bloomfield has a legitimate interest in this issue. It is clear that this meeting is important. Bloomfield’s interest is financial. Bloomfield needs to understand that the issue for Windsor is not just financial, there are other competing interests.

Deputy Mayor Curtis agreed to get additional information to Bloomfield so they have all the information. It is critical to get a timeline for information and decisions with deadlines because some of those decisions have to be made soon.

Representative Eberle recommended that the town managers draft the timeline.

Council member Broxterman would like Bloomfield to go away tonight understanding the complex issues. CRRA has 4 state legislators on their board. His concern is that if we enter into agreement with CRRA, that we must feel comfortable that CRRA will adhere to the contract stipulations. With mounting pressure of where to put the trash, the pressure will only get greater to make a decision. He doesn’t know how much strength they would have in fighting CRRA if they didn’t adhere to contract stipulations. He would want those points clarified. He feels that only Windsor can appreciate it to the full extent because it happens to be in our town.

Council member Haverstock spoke regarding the timing and said that Town Manager Churchill is trying to move the process along. He feels that the Town Manager would like to move the decision along quickly.

Representative Eberle suggested that the decision be made by the end of October. Council member Albano said that it should be the end of August to give time for any delays and last minute issues.

Bloomfield Council member Hypolite said that with his limited experience, he wants to leave the group with the concern that Bloomfield is not only concerned with the financial aspect, but the environmental liability as well.

Mayor Hogan stated that the environmental liability is a concern for the future. She requested that Bloomfield Council bring feedback regarding their proposed landfill.

Bloomfield Council member Merritt stated that there is a sight in Bloomfield, however, the DEP will not allow them to have bulky waste there.

Bloomfield Council member Pleasant has heard several questions and concerns regarding financial issues. He asked if it would be possible to follow up with any questions that would be addressed at subsequent meetings. He feels that would assist in the expedition of the process.

Representative Eberle concluded that the town managers need to develop a calendar together with deadlines/goals. Bloomfield needs to have a discussion among themselves regarding what they would like their role to be; Windsor needs to make a full presentation to Bloomfield; and Windsor needs to hear as soon as possible from Bloomfield.

3.   Adjournment

The meeting was adjourned at 8:53 p.m.

Respectfully submitted,

 

Kristin Countryman

Substitute Clerk of the Windsor Town Council

cc: Town Clerk

Main Library

Wilson Branch

 2, 2001