2002 Minutes  
 

Windsor Town Council

Council Chambers – Town Hall

December 2, 2002

Approved Minutes

Mayor Trinks called the regular meeting to order at 7:45 p.m.

  1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Albano (arrived at 7:50), Councilor Jepsen, Councilor Mulligan, Councilor Pacino, Councilor Simon and Councilor Walker

    Absent: Councilor Broxterman

  2. Prayer – Councilor Mulligan
  3. Pledge of Allegiance – Councilor Mulligan
  4. Proclamations/Awards

    None.

  5. Public Communications and Petitions

    Ms. Jane Garibay, 409 Broad Street, addressed the Council on behalf of the Chamber of Commerce. In The Hartford Magazine, pages 16-17, there is a section for activities in Windsor. Ms. Garibay noted that the gift certificate program kicked off today. Thirty-two businesses in town are participating in the promotion in which you can purchase gift certificates from $5 and up. These gift certificates can be used at any of the 32 businesses.

    Mr. Doug Kerr, 141 Fieldstone Drive, spoke to the Council regarding the field sports complex. It has come to his attention that there are some citizens who have concerns of potential traffic problems. He is going to meet with individuals to inform them of any impact traffic will have in the area once he receives the results of the traffic study.

  6. Report of Appointed Boards and Commissions
  1. Youth Commission

    None.

  2. Board of Education

Ms. Jane Garibay, BOE President, reported to the Council. The BOE voted to move forward in looking at the options for all day kindergarten. It has gone to the joint committee. The BOE is looking for staff recommendations for higher eligibility standards for all extracurricular activities. Last week "Conversations on Education" were held at the Marriott, with about 100 people attending. There will be a follow-up meeting in January.

Councilor Pacino congratulated the BOE on their goal of setting a higher standards policy for students participating in extracurricular activities.

Councilor Jepsen mentioned that he attended the "Conversations on Education". He thanked the BOE for providing financial information packets to the Council.

  1. Town Manager’s Report

    The MDC Budget for 2003

    The management of the Metropolitan District Commission recently presented their FY 2003 Proposed Budget to area town managers. The results are ominous for Windsor. As in past years, the MDC budget is reasonable. The overall budget increase is $3,297,250, or 3.84%. The Water Budget, a subset of the overall budget, increases $1.4 million, or 2.76%; and Sewer Budget increases $1.8 million, or 4.35%. The latter directly effects town budgets in the form of the sewer assessment. Mounting debt service costs ($1.9 million), salary increases ($1 million), and an extra payroll period in 2003 ($684,000) drive these costs. The increases are mitigated by contributions from MDC's fund balance ($3 million) and cuts to outside agencies such as CPEC, CRCOG, etc. ($230,600).

    The eight towns that make up the MDC have to share a sewer assessment increase of $583,400. Another $417,000 increase will be paid directly by large industrial users. Windsor has the highest percentage change (6.5%) when compared to the other communities, and has the third highest increases in terms of dollars ($120,866).

    Fees for First School Society

    In response to Councilor Albano’s inquiry regarding a $45.00 fee charged to the First School Society for a sign, I would like to report the following update: The First School Society is a private organization that manages the Riverside cemetery. They also recently paid approximately $1,900 for a wetland permit. Both fees apply to this organization because of its private nature. The town’s policy of waiving fees only applies to other government agencies (i.e.: Fire District and MDC). Unless representatives of the First School Society provide information that substantiates First School Society as a governmental agency, the fees still apply.

    Windsor’s Traditional Carol Sing

    Windsor’s Carol Sing is a wonderful way to get in the holiday spirit! Join in the cheers as the switch is flipped to light the town center. After the carols, enjoy hot chocolate and free pictures with Santa at Windsor Federal Savings and Loan. It all starts at 7:00 p.m. on the town green. Call 688-5165 or 285–1990 for information.

     

    Fire Truck Parade

    The fire truck torchlight parade will light up Windsor center on Saturday, December 14. The parade will begin at Remington Road at 6:30 p.m. and proceed through downtown Windsor. Fire departments from throughout Connecticut will show off their festively decorated trucks. Following the parade, a bon fire will be held at the pond by the commuter parking lot. Hot chocolate & donuts will be served. For more information, call 688-5165.

    Recommendations for Requested Modification to Flood Plain Management Ordinance

    You may recall that I reported at the last Town Council meeting that the Inland Wetlands & Watercourses Commission (IWWC) discussed a change in the ordinance recently requested by a resident to better address unique situations. Those unique situations were mostly described as those with main uses on large tracts of land. The Commissioners recommend eliminating section 3-42(A), which would allow variances to be considered by the Floodplain Ordinance Manager and then the IWWC. They recommend that Section 3-42(E) should also be eliminated from the ordinance, which eliminates extensions to the variances given prior to September 25, 1978. The Commissioners also recommend that Section 3-41 should remain intact, which governs performance requirements for special exceptions.

    The Town Attorney commented on the proposed changes, as requested, with particular caution that any change conforms to other laws, regulations, and precedence. I was also concerned that any change to the regulation might jeopardize the town’s federal flood insurance program. The Town Attorney determined only the site in question would be subject to higher flood insurance. The Town Attorney also recommended that if the IWWC wants to permit more building, that only a waiver be given under hardship circumstances that would have to be defined.

    Although the town has the ability to make changes and may identify individual cases where a waiver could be useful, I find no compelling reason to overhaul an ordinance that has served the community well, and should continue to do so as development pressure increases in the future. In fact, the town needs to be more vigilant in protecting the natural resources that have a big voice in Windsor’s quality of life.

    I am sensitive to the development needs of this community and strongly advocate a pro-growth policy for the town – for obvious reasons. You may also recall I recommended an amendment to the flood plain management ordinance two years ago to consider the aggregate of the square footage when allowing encroachment into nearby wetlands. However, the wholesale opportunity for variances puts too much at risk for Windsor’s natural resources. In sum, I’m reluctant to introduce any wholesale ordnance changes unless the Town Council has different ideas. I will also confer with the Conservation Commission on this issue with particular emphasis on appropriate limits of variances, if any.

     

    Open Space Fund Creation

    Several members of the town council provided positive feedback at the November 18 meeting to the idea of establishing an open space fund. The Town of Windsor has the ability to respond to such desires in two relatively short steps.

    The town does not currently require developers to donate land as part of conventional subdivisions. We would need to adopt a zoning regulation requiring a percentage of a development to be donated for open space. The town could also adopt a separate regulation (per CGS §8-25b) giving the TP&Z the ability to accept money in lieu of land and/or giving a developer the option to making a financial donation rather than land. The Town Council would only have to authorize the establishment of the Open Space Fund to receive such gifts.

    A draft ordinance has been under consideration by members of the Conservation Commission, some recommendations have stemmed from their participation in the Plan of Conservation and Development Update. They and like-minded citizens may introduce regulations to the TP&Z near the beginning of the New Year. The TP&Z’s acceptance to this idea may be dependent on how current density issues are resolved.

    I will continue to update the Town Council and the public on this matter, especially if the TP&Z considers a subdivision regulation amendment.

    Councilor Simon asked for clarification of specific actions the Council can take on the creation of an open space fund. Town Manager Churchill responded that the Council would need to actually establish the Open Space Fund Account.

  2. Communication from Council Members

    Councilor Albano – None.

    Councilor Jepsen – also encouraged residents to take advantage of the Gift Certificate Program. Wednesday night, local vendors will be selling goods at Oliver Ellsworth School with proceeds benefiting the PTO. He thanked town staff for their quick response in the lighting situation in the parking lot at Windsor High School as it was reported to him by some Water Rat parents.

    Councilor Mulligan – congratulated the WHS football team and invited all members of the town to support the team tomorrow night.

    Councilor Pacino – traveled to Glastonbury on Thanksgiving Day for the WHS football game. It was nice to see Windsor residents at the football game. It brought back memories of being able to see friends and family watching a good game of football. Good luck to the Varsity team for the State playoffs.

    Councilor Simon – None.

    Councilor Walker – congratulated the Warriors on their standings so far. He has been in communication with Senator Coleman regarding the traffic problems at Rt. 218 and Columbia Avenue. Senator Coleman has assured him that he will help out with the issue.

    Deputy Mayor Curtis – congratulated the WHS football team. He also supports the Chamber of Commerce Gift Certificate program and encouraged all residents to take advantage of the program. He mentioned the survey packet that Councilors received regarding the upcoming soccer complex. Deputy Mayor Curtis would like to have a meeting to answer the concerns that were raised. He thanked all the voters who attended the Special Town Meeting tonight.

    Mayor Trinks – thanked the Public Works Department for their efficient snow removal efforts and thanked the clergy association for the Thanksgiving Day interfaith service that he attended. The WHS football game is Tuesday, December 3rd. Mayor Trinks congratulated Kevin Moylan, police explorer advisor, who was recently honored for over 2500 hours of volunteer service. The Jaycees held their annual Coffee Stop. He thanked Coffee Break, Bart’s, and all volunteers. He also thanked the Jandrok Family who brought a large pot of chicken noodle soup.

  3. Reports of Standing Committees
  1. Finance Committee – None.
  2. Town Improvements Committee – None.
  3. Health and Safety – None.
  4. Special Projects – None.
  5. Joint Board of Education and Town Council Committee – discussed the BOE potential plans for full day kindergarten. They also talked about support of lights at the O’Brien field. The BOE would not be opposed to the lights.

Councilor Pacino asked what the policy for recreational activities held at schools after 5 p.m. were. Town Manager Churchill said that he will research it.

Moved by Councilor Jepsen, seconded by Deputy Mayor Curtis to add item 12B. Purpose of Discussing the Town Staff Role in Preparing Design Specifications for Lights at O’Brien Field.

Motion Passed 8-0-0

  1. Ordinances

    None.

  2. Unfinished Business
  1. Approve the Tax Increment Finance Policy

    Mr. James Burke, Economic Development Director, spoke about the policy. In October, the Town Council was presented with a recommendation from the Economic Development Commission to adopt a Tax Increment Financing (TIF) Policy as one tool to encourage the redevelopment of key vacant and underutilized properties. The Town Finance Committee reviewed the proposal. The committee voted to support the TIF policy subject to the adoption of an official list of priority properties as referred to in the Policy.

    The Town Economic Development Commission is recommending that the Priority Redevelopment Property List for the Town of Windsor be adopted. The document also sets out a procedure and criteria for annual review and specific requests to add or delete sites from the adopted list.

    Councilor Pacino asked if the property owners are aware that they are on this list. Mr. Burke said that they might be aware of their inclusion on the list. Town staff devised the list. Property owners did not request inclusion.

    Councilor Mulligan asked about the procedure for the annual review and if we should set a time for the review. Mr. Burke said that would be fine or the review could take place when the Town Economic Development Commission makes it’s annual report.

    Councilor Jepsen noted the Hayden Station School House and it’s residential neighborhood. He questioned redevelopment since it is in a residential neighborhood. Mr. Burke responded that the site is important from a historical preservation perspective.

    Councilor Pacino asked how the length of time on the market was devised. Mr. Burke said that the typical time on the market is one year to 18 months. Councilor Pacino also asked how the level of difficulty to redevelop without assistance is a criteria. Mr. Burke said that they would have to show evidence that it is a viable project.

    Moved by Councilor Simon, seconded by Councilor Jepsen to approve "Exhibit A" Priority Redevelopment Property List dated December 2002 and to accept the associated criteria with the Economic Development Commission’s review of the adopted list annually and to report to the Town Council at its first December meeting its recommendations for additions or deletions from the list.

    Motion Passed 8-0-0

  2. Authorize Town Manager to execute a delegation agreement for the operation of the government access television channel

Town Manager Churchill and Enita Jubrey, Assistant to the Town Manager, discussed the agreement. This agreement has been mutually agreed upon by both the Town Manager and the Executive Director of WIN-TV and reviewed by the Town Attorney. The chair of the WIN-TV board of directors has also been directly involved in discussions. AT&T and the Department of Public Utility Commission both concur with the structure and content of the delegation agreement per their comments. AT&T would like to add a clause to the agreement clearly stating their relationship with WIN-TV and its ultimate responsibility for Windsor’s public access channels. This addition was added to the General Provisions section of the delegation agreement.

Councilor Walker asked if the town has purchased the proper equipment and is it at L.P. Wilson. Ms. Jubrey responded that the equipment has been purchased and it is located at the Town Hall.

Councilor Pacino asked about item 6 and if WIN-TV is looking for further monies from the Town. Town Manager Churchill stated that funding for WIN-TV would be determined in the annual budget process as always. He added that WIN-TV does other fund raising.

Councilor Pacino asked if any consideration was given to any fundraising WIN-TV may do. Mr. John Pickens, Executive Director of WIN-TV, said that there is no longer a "check off" system but rather financial assistance is given to towns via a formula used by AT&T. WIN-TV also does fundraising and seeks grants from outside sources.

Councilor Simon mentioned the budget of $8,700 and asked about the $10,000 financial contribution. Town Manager Churchill said that at the time the budget was adopted, $8,700 was approved, with the thought that one of the three stations would be managed by the town. It was approximately 2/3 of the $13,000 budget they had the year before. Subsequent to the adoption of the budget process, the issue of $1,300 in expenses and $3,000 for stipend for Mr. Dowgewicz was considered. A $10,000 contribution was part of the negotiations.

Councilor Simon said that with town staff monitoring, he supports the project.

Councilor Mulligan feels that the financial obligations of the town will increase with expanded programming. He also has reservations about the town’s limits in hiring certain personnel.

Deputy Mayor Curtis asked for an explanation of the hiring clause. Town Manager Churchill replied that this clause is for past employees of both the town and WIN-TV. There have been some conflicts in the past. The existing resources will go towards operating WIN-TV, new staff will not be added.

Councilor Jepsen is concerned about the content issue. He suggested that perhaps the Ethics Commission monitors what we are putting out. He is in favor of the motion.

Councilor Albano asked where the additional $1,300 came from and do we need an appropriation for it. Town Manager Churchill said that the money came from the town budget to be allocated to WIN-TV. At this time an appropriation is not needed.

Mayor Trinks said that he is in favor of the motion. He says that there are a lot of residents who are not aware of many things that happen in the town. Information can be disseminated efficiently to the public. If the need for additional staff arises in the future, it means that the channel has taken off and is successful, and ultimately it is the Council who can approve or deny future requests for funding.

Deputy Mayor Curtis asked about Comcast buying out AT&T and if it will affect any agreement we have with them. Mr. Pickens confirmed that Comcast is acquiring AT&T and he is unsure of the affect on the agreement.

Moved by Deputy Mayor Curtis, seconded by Councilor Walker to accept the delegation agreement between Windsor Community Television, Inc. and the Town of Windsor and authorize the Town Manager to sign the agreement.

Motion Passed 8-0-0

  1. New Business
  1. Approve a utility easement with CL&P at 750 Rainbow Road

Earlier this year, the Town Council approved a land lease with AT&T, which allows the construction of a communication tower, upon Town Planning and Zoning Commission approval, at the Rainbow Road Fire Station. As part of the project, the Connecticut Light and Power Company requires a utility easement from Rainbow Road to the tower site, which is located along the west side of the site. The easement grants CL&P the right to install and maintain electrical service along the west side of the site within a 20’ wide easement. The power lines will be underground. Installation cost will be borne by AT&T. In accordance with the approved land lease, upon commencing construction of the tower, the town will receive a $2,250 per month rent payment.

Moved by Deputy Mayor Curtis, seconded by Councilor Jepsen, to approve a 20-foot wide utility easement in favor of the Connecticut Light and Power Company through land owned by the Town of Windsor at 750 Rainbow Road.

Motion Passed 8-0-0

  1. Purpose of Discussing the Town Staff Role in Preparing Design Specifications for Lights at O’Brien Field

Councilor Jepsen said that it was his understanding that a consultant would be hired to prepare the drawings for a cost of $20,000. He was under the assumption that the motion that Councilor Mulligan made at the last meeting would be to allocate town staff time that would exceed one hour. His interpretation was that it would be performed in-house, not by a consultant.

Town Manager Churchill said that this is work that is necessary and it will not cost $20,000, however it will be an expense to have the appropriate expert design the lights for the field.

Mr. Tom Lenehan, Town Engineer, spoke to the Council. He discussed the schedule of implementing the lights, with installation by the end of the summer. As early as possible, we need to know what the parameters for approval will be by the Town Planning and Zoning Commission. The proposal came back as $10,500 for the design. An application will be presented at the Town Planning and Zoning Commission next week. Town Manager Churchill said that they expect a decision from them in February 2003. Even a month’s delay will impede the process. Mr. Lenehan said town staff cannot perform the electric and structural engineering, but it will be involved in other parts of the design phase.

Town Manager Churchill said that a competitive bid process should take place with this project. The town is at a disadvantage if the contractor sets the specifications for the project.

Councilor Simon prefers adding the football lights on the published agenda for the next meeting so we have the time to take the next step if that is what we choose and to allow ample time for the public to be aware that the Council will be discussing the topic.

Councilor Mulligan said that if we went to TP&Z and requested 90-ft. towers and at a subsequent date and said we would put up 80-ft. towers, it wouldn’t change the approval process.

Deputy Mayor Curtis feels that public perception is important. He is hoping that enough information can be given to TP&Z so they can start to review the project and address any issues.

Councilor Mulligan requested that the town staff prepare a conceptual presentation for TP&Z so they can begin their process.

Mayor Trinks asked if we have enough information to do a conceptual presentation for TP&Z or do we need outside help. Dr. Mario Zavarella, Town Planner, would like to submit an application for a public hearing and then schedule a public hearing. Certain activities could take place to resolve issues. In addition to height, you must have the precise location of the posts because that determines the number of lights and clusters, which affect glare from the field. One of the critical issues is the angle of the lamps.

Town Manager Churchill stated that the expenses related to the design would be included in the cost of the project. It would need to be appropriated when the project is approved.

Councilor Albano asked for clarification about spending the $10,500 before the next meeting. Town Manager Churchill said that putting it on hold effects the TP&Z meeting in January.

Councilor Simon said that town staff should request the funds at the next meeting.

Mayor Trinks requested that the item be added to the published agenda for the next Council meeting on December 16, 2002.

 

  1. Resignations and Appointments

Moved by Councilor Mulligan, seconded by Councilor Jepsen to appoint Robert Rispoli from an alternate to a full member for the Inland Wetlands & Watercourses Commission for a four year unexpired term to expire March 31, 2006 or until a successor is appointed; appoint Theresa Langevin to the Conservation Commission as an alternate member for a two year term to expire November 30, 2004 or until a successor is appointed.

Motion Passed 8-0-0

Moved by Deputy Mayor Curtis, seconded by Councilor Jepsen to accept the resignation of Jack Waters from the Metropolitan District Commission.

Motion Passed 8-0-0

Moved by Councilor Mulligan, seconded by Councilor Jepsen to table items B-D, F-O, and Q-Y.

Motion Passed 8-0-0

 

  1. Minutes of Preceding Meetings
  1. Minutes of the October 21, 2002 Special Town Council Meeting

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

    Motion Passed 8-0-0

  2. Minutes of the November 4, 2002 Regular Town Council Meeting

    Moved by Councilor Jepsen, seconded by Councilor Simon to accept the minutes of the November 4, 2002 Regular Town Council Meeting. Corrections: None.

    Motion Passed 8-0-0

  3. Minutes of the November 18, 2002 Regular Town Council Meeting

    Moved by Councilor Jepsen, seconded by Councilor Simon to accept the minutes of the November 18, 2002 Regular Town Council Meeting. Corrections: Page 3 – Public Communications and Petitions - Mr. Joseph Tata, 12 Wilton Road.

    Motion Passed 8-0-0

  4. Minutes of the November 18, 2002 Special Town Council Meeting

Moved by Councilor Jepsen, seconded by Councilor Simon to accept the minutes of the November 18, 2002 Special Town Council Meeting. Corrections: Councilor Albano was present at the meeting.

Motion Passed 8-0-0

 

  1. Public Communications and Petitions

    None.

    Moved by Councilor Simon, seconded by Councilor Pacino to enter into Executive Session at 9:25 p.m.

    Motion Passed 8-0-0

  2. Executive Session

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

Staff: Town Manager Leon Churchill

  1. Discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee.

Moved by Councilor Mulligan, seconded by Councilor Jepsen to re-enter the Regular Town Council session at 9:41 p.m.

Motion Passed 8-0-0

  17.  Adjournment

Moved by Councilor Mulligan, seconded by Councilor Jepsen to adjourn the Regular Town Council Meeting at 9:42 p.m.

Motion Passed 8-0-0

Respectfully submitted,

 

 

Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

Main Library

Wilson Branch