Windsor Town Council

Council Chambers – Town Hall

November 4, 2002

Approved Minutes

Mayor Trinks called the regular meeting to order at 7:34 p.m.

1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Albano, Councilor Broxterman, Councilor Jepsen, Councilor Mulligan, Councilor Pacino, Councilor Simon and Councilor Walker

2. Prayer – Councilor Simon

3. Pledge of Allegiance – Councilor Simon

4. Proclamations/Awards

A. Caring Connection Adult Day Health Center 15th Anniversary

Councilor Walker read the proclamation honoring the Caring Connection Adult Day Health Center’s 15th Anniversary.

5. Public Communications and Petitions

None.

6. Report of Appointed Boards and Commissions

A. Wilson/Deerfield Advisory Committee

Ken Means, Chairperson of the Wilson/Deerfield Advisory Committee, submitted a report in writing. It read as follows:

I apologize for not being able to meet with the Council this evening but I currently have a standing Monday evening job-related responsibility so I hope this report will serve to update the Council on the activities of the Wilson/Deerfield Advisory Committee.

The Wilson/Deerfield Advisory Committee meets on the fourth Wednesday of each month at 7:30 p.m. in the Wilson Branch Library. All meetings are open to the public and there is currently an effort to reach out to the neighborhood and encourage attendance. This is being done by targeting mailings. It is the intent of the group to post notices and more fully utilize the public access television station in the future.

1) WDAC serves as the citizen participation body for the Town’s Community Development Block Grant programs. The Town is required to hold two (2) public hearings during the life of any CDBG grant. The intent is to apprise the public of funding opportunities and access the needs of the community. WDAC held two public hearings during the year ending June of 2002.

2) WDAC has had a number of guests who have been invited to the group to

share information and receive input. They include the following individuals:

Tom Lenehan, the Town Engineer, met with the group to present the proposed plans for the adult day care facility at 330 Windsor Avenue and receive input;

Jim Burke, the Economic Development Director, met with the group to present a preliminary concept for the reuse of the redevelopment parcel (Windsor Ave. immediately south of I-291) and seek input on the same;

The Windsor Police Department and the Town’s Recreation Department met with WDAC to explain what activities are taking place at the PAL Center.  

WDAC plans to have a representative from Hopewell Baptist Church at their next meeting.

3) The Committee has provided staff with information involving quality of life issues, which was subsequently passed on to the appropriate parties (Public Works, the State Department of Transportation). This has served as an effective conduit and resulted in the removal of some junk vehicles, identified problems with private and public properties that may have otherwise gone unnoticed. On at least one occasion the comments from WDAC were used to establish conditions on a special use permit approved by the Planning & Zoning Commission.

4) Several recognition awards were presented to businesses, which have contributed to the vitality of the neighborhood.

There are currently several vacancies on the Wilson/Deerfield Advisory Committee and the committee requests that the Council consider filling the vacancies so as to help maintain the strength of the Committee.

B. Windsor Housing Authority

Ms. Rita Melley-Coyne, Vice Chair of Windsor Housing Authority gave an update to the Council. She reviewed the duties of the WHA. They currently have two programs, the Elderly and Disabled Housing Program and Section 8 Rental Assistance Program, both operated under state guidelines. There are 40 individuals on the waiting list for the Elderly and Disabled Housing Program and 78 on the Section 8 waiting list. The renters rebate program is operated through the State of Connecticut. The WHA provides safe, decent, affordable housing to Windsor residents who qualify.

C. Board of Education

Ms. Jane Garibay, President of the BOE, reported to the Town Council. Tomorrow is a Professional Day for teachers and Dr. Henry Lee will be speaking to a group of teachers. The CAPT results are in and results were that most students either maintained or improved in all areas. Students who have been in the Windsor school system for a longer length of time have scored higher on the tests. Mr. Rick Broderick is one the nominees for Teacher of the Year statewide program. The BOE budget forums start next week and all are welcome to attend. Next week there will be a recognition event at Huntington House for teachers in the school system. The WHS media center is now occupied and the science rooms will be occupied by November 14th.

Councilor Pacino asked if the CAPT results were sent home to parents. Ms. Garibay responded that the parents have received the results. The State of Connecticut has required that all schools have graduation requirements in place by 2006. In Windsor, one of the graduation requirements will be CAPT scores, but it will not be the only criteria.

Deputy Mayor Curtis commented that it’s important for the public to know that children who have been in the school system longer are doing very well on the CAPT tests.

Councilor Jepsen asked if the BOE is reviewing the budget. Ms. Garibay said they review reports on a regular basis and the Finance Committee is working toward making it easier to read and understand the Board of Education budget document.

7. Town Manager’s Report

Veteran’s Day Observance

The Town of Windsor Holiday Observance Committee extends an invitation to all residents to attend the annual Windsor Veteran’s Day Observance, which will be held on Monday, November 11, 2002 at 7:00pm at the VFW located on Broad Street.

This year’s speaker is Windsor resident John Carmon who will speak on the significance of memorials.

In addition to the address by Carmon, the traditional “Salute to the Dead” and patriotic musical selections by the Windsor High School Band will be featured as well as a proclamation from Windsor Mayor Donald Trinks. For further information, call 285-1835.

Flood Management on Tamarack Drive

Following conversations with both the Town Attorney and the State of Connecticut Department of Environmental Protection, the town has contracted with a professional trapper who will begin knocking down the beaver dams in the vicinity of Tamarack Drive. Trapping beavers is a State regulated activity that requires the acquisition of a DEP permit. We are presently working with the trapper and the state to obtain a permit for this purpose. This work will be completed in November.

Letters are being sent to residents in the affected area for additional permission to work upstream. Eight Tamarack Drive residents have already given their consent. It is likely that this work will have to be done on an annual basis at the town’s expense.

Flood Plain Management Ordinance

I would like to clarify a statement I made at the last council meeting when responding to an inquiry from Councilor Jepsen regarding flood plain management. The TP&Z recently passed a zoning amendment recalculating the areas available for development. I believe Council Jepsen was asking about recent correspondence requesting the Town Council consider changes in the flood plain ordinance that allows an accessory structure in the flood fringe area as a special exception when authorized by the Inland Wetlands and Watercourses Commission. More flexibility is sought in situations where the primary use has small square footage, but it lies on a large tract of land. I have asked for an evaluation by the Town Planner and the Town Engineer and will be seeking similar advice from the Inland Wetland and Watercourses Commission. The flood plain ordinance is a general ordinance governed by the Town Council and I hope to bring this issue to you in one of the next two council meetings.

Windsor Leaf Collection Program Begins

Windsor Sanitation will pick up resident’s leaves between October 21 and December13 on the same day as their normal trash pick-up. If you are not a Windsor Sanitation customer, Windsor Sanitation will still pick up their leaves! Residents should place them at their curb on the same day trash is picked up for the rest of the street.

Please remember the following leaf collection program guidelines: use 30 to 40 gallon paper leaf bags, no plastic bags, and place the bags at the curb.

If residents choose to self-haul their leaves to the landfill, there is no charge during this period for dropping off clean loads of leaves, (no containers or plastic bags). The landfill is open Monday through Saturday 8:00 AM to 4:00 PM. For more information call 285-1833.

Alarm Ordinance

Staff has been working to gather additional input from local businesses and the alarm industry regarding the proposed amendments to alarm ordinance. The proposed amendments have been sent to the CT Burglar and Fire Alarm Association. They will review and comment on the proposed ordinance.  Also, the Chamber of Commerce will publish a report in the upcoming Business United Newsletter outlining the changes to the existing ordinance. The Chamber of Commerce will also place the topic on the agenda of their November 19, 2002 Business After Hours Meeting.

Wilson Pizza Parking Lot

At the last Town Council meeting Councilor Pacino inquired about any agreements the town had with Wilson Pizza relative to reconfiguration of the entrance to the restaurant and 330 Windsor Avenue. Prior to finalizing design plans and during construction engineering staff had discussions with both the owners of gas station to south and Wilson Pizza Palace.

A written easement and map has been prepared and recorded allowing the town to use a small portion of the gas station property (approximately 240 sq. ft) as part of the town’s parking lot.

There was an easement drafted between the town and Wilson Pizza to allow the town to enter their property to make alterations as needed in order to close their southerly entrance. In return, the town will allow them to use the Community Center driveway as the entrance to their restaurant. Also, the town agreed to provide a sign for the entrance to the Community Center parking lot so patrons of the restaurant would know that the Community Center entrance was also the entrance to Wilson Pizza.

Engineering staff was on site this past weekend during the restaurant’s peak times to monitor and evaluate the situation to determine if additional physical modifications or signage is needed to help facilitate access to Wilson Pizza. I will continue to keep you posted on those developments.

Skate Park Update

Bids were re-opened on October 22nd for the Skate Park project. The scope of the project is to reset the “events” which were previously located on the tennis courts into their own separate fenced area. The scope of the project does not include a “bowl” apparatus.

Four bids were received and the job was awarded to Mountain View Landscapes of Chicopee, MA for $64,950. Notice of the bid award was issued on Oct 30th. We expect to award the contract in next ten days and have the contractor begin work immediately to complete as much work as possible before winter and finish next spring. For more information call 285-1804.

Historic District Committee Terms

At the October 21st Town Council meeting, some questions were raised regarding the length of term for members of the Historic District Committee. When the Historic District Committee was created, a permanent date for the dissolution of the committee was not set. Therefore, on the anniversary of the creation of the committee, members have been re-appointed for one-year terms.

 Proposed Traffic Light at Route 218 and Columbia Road

Town staffs, the DPW in particular, continue to work towards relocating a traffic signal at Rte. 218 and W. Wolcott to Rte. 218 and Columbia Road. Wayne Radke and Brian Funk had a meeting with the State Traffic Commission last Wednesday, October 30, 2002. The meeting was a follow-up to discussions that began in September.

The STC was apparently prepared to implement a left-hand turn lane from Rte. 218 onto Columbia Road until we intervened asking for a traffic light. The STC’s initial reaction was positive; however, the town has to analyze whether a warrant (justification) will call for a traffic light. This process should take two weeks. The STC will then assess our report, which should take another two weeks. Approval is nice, but it ordinarily takes two or three years before the idea is implemented. Additional community resources may have to be marshaled to implement the changes on a timely basis.

Mr. Gregg Pavitt, Finance Director, gave an update on the WHS Renovation. A review has been made on the O&G estimates regarding costs incurred and future costs. Mr. Pavitt reviewed the audit results. $35,463,000 has been allocated to date. Subtracted from that amount will be a CL&P Energy Efficiency Work reimbursement for $200,000 and $110,000 insurance reimbursement, which will bring the allocation to $35,153,120. In addition, the PBC is hoping for $145,000 for furniture, which was originally budgeted. If that is purchased, the budget will be over by $298,701.

Councilor Broxterman asked if the $298,701 reflects reimbursement? Mr. Pavitt said that it is not net reimbursement from the State.

Councilor Pacino was under the impression, that as the project went along, the State would reimburse expenses. Mr. Pavitt responded that we have been receiving money from the State and will continue to receive up to a total of $16.22 million from the State. The State is paying their portion directly and we are issuing bonds for the remaining.

Councilor Jepsen asked if the $298,701 would be subject to reimbursement. Mr. Pavitt said that the State would be reimbursing about 40% of that amount.

Mulligan asked about the $310,000 reimbursement and if it will be against the State’s portion. Mr. Pavitt said he would research when the reimbursement will be paid.

Councilor Simon asked about the State’s approval and if it was a fixed dollar amount or if they approved the activities associated with the project. Also, it sounds like we have plenty of money to cover the town’s portion of the $300,000 over budget. Mr. Pavitt said that the State approved activities associated with the project up to $40 million. He also confirmed that we do have the funds if the budget doesn’t change.

Councilor Broxterman said that this is a snapshot of the budget today, and it is subject to change. The joint committee talked about a security camera project that could add to the expenditure amount.

Councilor Mulligan asked Mr. Pavitt to look into the State’s reimbursement percentage. He feels it should be based on the figure without the CL&P and insurance reimbursements. Mr. Pavitt agreed with Councilor Mulligan and will look into it further.

Councilor Walker asked for an update on the request for a traffic light on Rt. 218 and Columbia Road. Town Manager Churchill responded that the staff is working with the State Traffic Commission. The STC’s initial reaction has been positive, but it has to be investigated if a traffic light is warranted. It takes two or three years before these projects are implemented, so additional community resources may have to be investigated to move this project along.

Councilor Mulligan asked about an update on the permit sign fee for the First School Society. Town Manager Churchill responded that he will send a response to the Town Council very soon.

Councilor Mulligan asked about the status of the research regarding the amendments to the Code of Ethics ordinance. Town Manager Churchill responded that he is hopeful for a response by the next Town Council meeting.

Deputy Mayor Curtis asked about signage for PAL at 330 Windsor Avenue. Mr. Peter Souza responded that the Public Building Commission and Planning staff are reviewing the zoning regulations for placement of the sign. That report should be complete by the end of the month.

8. Communication from Council Members

Councilor Albano – encouraged all constituents to vote tomorrow.

Councilor Broxterman –received a phone call from a resident who expressed concern about the purchase of lights at O’Brien Stadium and the impact it has on the completion of WHS renovations.  He clarified that the two projects are separate and that WHS renovations would be paid for. Councilor Broxterman invited residents to cast their vote tomorrow. Once the traffic study has been conducted and it does warrant an additional light, as a body he recommends that we send letters to State Representatives rallying for the traffic light at Rt. 218 and Columbia.

Councilor Jepsen – also encouraged all Windsor residents to vote. He recommended that residents learn about the candidates.

Councilor Mulligan – encouraged all residents to vote tomorrow and quoted “Democracy is not a spectator sport”.

Councilor Pacino – congratulated the Caring Connection on their anniversary. He commented that executive sessions on legal issues are costly and recommended that executive sessions be held prior to the Council meeting to reduce legal costs. He is dismayed to learn a commission met last week and none of the commissioners attended the meeting. He would like to see an in-depth look at commission attendance or if commissions can be consolidated.

Councilor Simon – None.

Councilor Walker – noted the traffic problems at Rt. 218 and Columbia. He believes that a left-hand turn would not be a solution to the problem and he thanked the town staff for placing a halt to that remedy. It is in his opinion that the solution is a traffic light. He reminded all residents that tomorrow is Election Day and that it is a right and a privilege to vote.

Deputy Mayor Curtis – None.

Mayor Trinks – thanked the Jaycees for the Candidates Night that was hosted. He noted that a mailer was sent out to registered voters indicating new polling place locations. He thanked the Chamber of Commerce for sponsoring the Halloween event on the green. It was a successful event and it was nice to see the Green alive with businesses participating. Mayor Trinks discussed committee consolidation and mentioned that the last time it was performed they consolidated two commissions. He requested a report on the commissions from town staff be presented to the town Improvements Committee.

9. Reports of Standing Committees

A. Finance Committee – met on October 29th to discuss three items, two of which are on the agenda. The final item was an update on the financial status of the current town budget. There was a projected deficit and town staff has been working to reduce the deficit to under $18,000. The Governor has the ability to reduce the assistance to the town’s budget by 5%. That could increase the town deficit by up to $150,000. Additional steps may have to be taken later in the fiscal year to address that situation.

B. Town Improvements Committee – None.

C. Health and Safety – met on October 28th to discuss many items. A Demolition Delay Ordinance has been tabled until final legal review. The News Rack Ordinance was also tabled until town staff collects additional information (i.e., relative cost, legal issues regarding uniformity, safety and aesthetics, etc.). The Shopping Cart Ordinance was discussed and they are waiting to hear about discussions held with retailers. The Alarm Ordinance has been sent out to the Alarm Ordinance Association of America and local businesses for comment.

D. Special Projects – None.

E. Joint Board of Education and Town Council Committee – met tonight to discuss Councilor Walker’s suggestion of security policies/procedures in the school system. They also began discussion of policies/procedures for naming public property/space. Town Manager Churchill presented various sample policies for both bodies to review.

10. Ordinances

None.

11. Unfinished Business

A. Adopt resolution establishing tax increment finance (TIF) policy

Moved by Councilor Simon, seconded by Councilor Jepsen that it be resolved that the Town Council approve the Town of Windsor Tax Increment Financing Policy as presented in “Attachment A”.

Mr. James Burke, Director of Economic Development, discussed the resolution. He reviewed the proposed TIF policy. In September 2000, the Economic Development Commission established a list of twenty properties that should be priority redevelopment sites. These properties include, along with others, the Plaza Theater, Rappaport Building, former Tobacco Valley Inn property, and the Wilson Redevelopment Parcel.

The Commission has studied tax increment financing as a development tool. TIF is a financing mechanism that is used to “capture” the increased property taxes that will be generated from new development in a particular area. These new tax revenues are temporarily allocated to fund infrastructure improvements or other incentives that are needed to induce a particular private development or that will be needed to facilitate additional development in an area being developed or redeveloped. After the costs of the project are paid, the increase in taxes become part of the town’s general revenues.

Councilor Albano stated that he is in favor of the ordinance, but he thought that we should get a policy stating how the Town Council would place and remove individual properties from the priority list. He can’t vote for it tonight because there is not a policy in place regarding the removal of sites from the list. He was under the impression that the Town Council would control the list. Mr. Burke stated that the Economic Development Commission would make recommendations to the Town Council for final approval. Councilor Albano would like to see the resolution tabled until a policy is developed to come up with the redevelopment priority list.

Councilor Simon said that it was his understanding that the Town Council would approve the list that the Economic Development Commission recommends. Every instance of this policy being implemented has to come before the Town Council, and he doesn’t see the harm in recommending this policy. He is satisfied that we are able to accomplish everything that we need to do in a timely manner. It is important for the public to understand the requirements for using public money for private property. However, this is an exceptional tool that will work when nothing else is working for redeveloping these properties.

Mayor Trinks said that the vote is for “Attachment A,” which is the TIF policy, and the list will be voted on at a separate occasion.

Councilor Pacino said that some of the properties on the list are outdated and they shouldn’t be on the list. He would like to see the list updated. He would also like to see the criteria for who can be on the list.

Mr. Burke said that the list will be updated and have provisions for modification. The intent is to create a process to determine the properties that will be a priority and to outline the criteria. The Town Council would have the final say, with the EDC included in on the process.

Councilor Mulligan asked if there is any reason why this couldn’t wait a couple of weeks to revise the list. He is in favor of the policy, but believes that the list should be correct. Mr. Burke said there are no projects pending.

Councilor Broxterman requested that this item be reviewed further and he does not support voting on the resolution at this time.

Moved by Councilor Simon, seconded by Councilor Jepsen to withdraw the item.

12. New Business

A. Approval of Social Services Block Grant

Dr. Charles Petrillo, Director of Health and Social Services, discussed the grant. The State of Connecticut Department of Social Services has informed the Town of Windsor of its eligibility to apply for a grant in the amount of $23,000. This reflects a reduction in the amount of $12,677 compared to last year’s grant.

Councilor Pacino asked for clarification on the Information and Referral Program. Dr. Petrillo reviewed the items that the grant will no longer support. Councilor Pacino asked if the insert, which was previously published in the Windsor brochure outlining Health and Social Services programs, could be included in some format in the Windsor brochure. Dr. Petrillo said that is the plan, to include some of the information formerly on the insert in the brochure.

Moved by Councilor Pacino, seconded by Councilor Walker that Town Manager, R. Leon Churchill, Jr., be empowered to enter into and amend contractual instruments in the name of the Town of Windsor and on behalf of this Contractor with the Department of Social Services of the State of Connecticut for a Case Management and Health Related Program and to affix the corporate seal onto the said document.

Motion Passed 9-0-0

B. Approval of Outstanding Purchase Orders

The Finance Committee reviewed the open purchase order list and has recommended that certain purchase orders be closed. The Committee has recommended that the remaining purchase orders be re-approved.

Councilor Pacino asked if 12 months have to go by before an application can be made by an organization for Volunteer Support. Town Manager Churchill confirmed this.

Councilor Pacino asked how we let organizations know about this grant. Town Manager Churchill stated that it is published in a brochure and also in the media.

Councilor Broxterman said it was his understanding that once the 12-month window was up and the organization had another project, they could re-apply for a grant, however priority would be given to an organization that had not previously applied.

Moved by Councilor Simon, seconded by Councilor Albano to re-approve the purchase orders listed to be left open on the report Prior Year Purchase Orders – Status as of October 28, 2002 until March 2003.

Motion Passed 9-0-0

C. Authorize the submittal of a small cities community development block grant application for 330 Windsor Avenue Community Center

Mr. Peter Souza, Assistant Town Manager and Jim Burke, Economic Development Director, discussed the application. The town is renovating the building at 330 Windsor Avenue and will be using it as an adult day care facility. The town previously received a $300,000 Small Cities Community Development Block Grant for this project. Bids for the retrofit of the building came in higher than anticipated by approximately $130,000. The PBC has approved a contract, which includes language for a bid alternate to be constructed if additional funding is made available. The Wilson/Deerfield Advisory Committee endorsed the project at such time as the original application was submitted.

Councilor Pacino asked if the grant monies would be used for the recreational amenities. Mr. Souza said that the grant would cover the entry to the adult day care center, which is also the entrance to the community center.

Councilor Simon asked if the schematic is the original plan. Mr. Souza said that it is the original plan, with minor modifications. Councilor Simon asked what would remain uncompleted if the funds were not received. Mr. Souza said that if the funds are not received, the new floor and wall finishes will be to a lesser degree, the recreation room and small conference room would not be constructed, along with improvements to the heating and air conditioning in that portion of the building.

Town Manager Churchill added that the State is at risk of losing Federal CDBG funds because they have not used funds in a timely manner.

Councilor Pacino asked how this would affect other CDBG projects. Town Manager Churchill stated that this grant would not affect other projects.

Moved by Councilor Walker, seconded by Councilor Jepsen that it be resolved that the attached resolution entitled “330 Windsor Avenue – CDBG Small Cities Application” be approved.

Motion Passed 9-0-0

D. Approve tax appeal settlement

Moved by Councilor Jepsen, seconded by Councilor Broxterman to move this item following Item 16. A. Executive Session.

Motion Passed 9-0-0

13. Resignations and Appointments

Motioned by Councilor Mulligan, seconded by Councilor Broxterman to re-appoint Nellie Holmes Mason to the Human Relations Commission for a three-year term to expire on May 31, 2005 or until a successor is appointed.

Motion Passed 9-0-0

Motioned by Councilor Mulligan, seconded by Councilor Broxterman to table items A-U, and W-II.

Motion Passed 9-0-0

14. Minutes of Preceding Meetings

A. Minutes of the October 21, 2002 Regular Town Council Meeting

Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the October 21, 2002 Regular Town Council Meeting. Corrections: None.

Motion Passed 9-0-0

15. Public Communications and Petitions

None.

16. Executive Session

Moved by Deputy Mayor Curtis, seconded by Councilor Broxterman to enter into Executive Session for the purpose of strategy and negotiations with respect to pending claims and litigation of K-Mart vs. Town of Windsor.

Motion Passed 9-0-0

Entered Executive Session at 9:28 p.m.

Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Albano, Councilor Broxterman, Councilor Jepsen, Councilor Mulligan, Councilor Pacino, Councilor Simon and Councilor Walker

Staff and Guest: Town Manager Churchill, Assistant Town Manager Peter Souza, Tax Assessor Steve Kosofsky, and Town Attorney Vincent Oswecki.

Motion made by Councilor Simon, seconded by Councilor Albano to leave executive session.

Motion Passed 9-0-0

Re-entered Regular Town Council session at 9:38 p.m. All present with the exception of Mayor Trinks.

Motion made by Councilor Albano, seconded by Councilor Pacino that it be resolved that the terms of the settlement reached in the matter of K-Mart Corporation vs. Town of Windsor be accepted.

Motion Passed 8-0-0

Motion made by Councilor Albano, seconded by Councilor Pacino that it be resolved that $6,000 be appropriated from the General Fund Unreserved, Undesignated Fund Balance to the General Fund Account – Administrative Services/Property Valuation.

Motion Passed 8-0-0

17. Adjournment

Moved by Councilor Albano, seconded by Councilor Jepsen to adjourn the Regular Town Council Meeting at 9:39 p.m.

Motion Passed 8-0-0

Respectfully submitted,

 Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

Main Library

Wilson Branch