Mayor Trinks called the regular meeting to order at 7:32 p.m.

1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Broxterman, Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker (arrived 7:36 p.m.)

2. Prayer – Councilor Broxterman

3. Pledge of Allegiance – Councilor Broxterman

4. Proclamations/Awards

1. Proclamation honoring the Windsor Little League 11/12 All Stars

Mayor Trinks read the proclamation.

2. Presentation of donation from Windsor Library Association to Windsor Library Building Expansion Fund

          Ms. Maryanne Overbaugh presented the $1,500 

          check to the Windsor Library Building Expansion 

          Fund from the WHS class of 1963 and 1964.

5. Public Communications and Petitions

Mayor Trinks reminded the public that there is a three-minute limit per speaker during Public Communications and Petitions.

Mr. George Yeramian, 739 Prospect Hill Road, said he had great respect and admiration of the Council members and the work they commit to. He requested that the Council consider closing the landfill immediately. On October 25, 2004, at 10 p.m., a vile stench filled the house and persisted all night. At 5 a.m., the stench was still there. Wouldn’t it be logical to stop accepting the cause of the problem rather that trying to cover up the problem?

Mr. Joseph Spalluto, 456 Lantern Way, read a letter he recently sent to the Town Council, the Department of Environmental Protection, and Attorney General Richard Blumenthal regarding a request to eliminate the odor from the landfill. The letter was submitted for the record.

Ms. Maryellen Gallagher, 415 Lantern Way, addressed the Council regarding the unbearable stench from the landfill. She has sent over 20 e-mails and she does appreciate the concern, but there doesn’t seem to be a viable remedy to the solution. There has been no relief. Councilor Jepsen suggested the elimination of bulky waste intake and that hasn’t happened. All who live in the neighborhood truly had faith and wanted to believe that the system would work. They no longer believe or have faith. The only way to eliminate the problem is to stop accepting bulky waste. Our lives have changed dramatically. They can no longer have people in their home for fear that the stench will arrive. She has actually sent her grandchild home because of the fumes. The only solution is to stop this.

Mr. Thomas Gallagher, 415 Lantern Way, spoke to the Council regarding the landfill. They experience headaches, nausea, and breathing problems. They pay some of the higher taxes in our town. They deserve and demand a higher quality of life.

Ms. Ellen Spalluto, 456 Lantern Way, confirmed that everything previous speakers have said tonight is true. She thought they had built their dream home, but it is now the house of terror. Their daily breakfast is Orbit gum, Maalox and Advil. She is beginning to feel that the Town Council and staff at the landfill are using her children and herself as a science experiment at the landfill. She now fears that her children are being put at serious risk for long-term exposure to a problem that is not going away.

Mr. Patrick Terrion, 510 Hearthstone Drive, spoke about the mismanagement of the situation. It is now at a point of indecision, not for lack of people trying. This liability is just going to continue to grow unless a decision is made to stop accepting the bulky waste.

Ms. Carol Hawco, 433 Lantern Way, said that the landfill situation is worse and it is not going away. She urges all of the Council to stop taking in the bulky waste and stop the odor.

Ms. Melissa Klaus, 511 Hearthstone Drive, said that this is not a community that she wants to continue to live in. She is disgusted and embarrassed of the stench. It is vile and nauseating and has caused her to vomit in her driveway. She urged the Council to stop the collection of bulky waste.

6. Report of Appointed Boards and Commissions

1. Board of Education

None.

2. Windsor Housing Authority

          Mr. John Pier, Windsor Housing Authority, reported to

the Council. This has been a year of change for  authority at the Windsor Housing Authority. The Housing Authority is a separate government authority running the Senior and Section 8 programs. They also manage two other programs, the Renters Rebate Program and the Fitch Court Apartments on Bloomfield Avenue.

They do not receive support from the town or State. One of the largest challenges that they face, is the lack of federal support for the Section 8 Program. The administrative fee attached to those programs impacts the Senior Program and residents applying for Section 8. The bigger problem that they have to face is regarding the trends of housing for individuals over 65 and the younger social security disabled living together. Most of the disabled people are on a very low income, which means less rent is collected to support the program. They received 1,200 Section 8 applications by mail.

Councilor Walker said that the mix of seniors and younger disabled is not working. He believes that it is a State problem, but municipalities have to deal with the after effect. Resources are limited and he doesn’t know what the answer is. Mr. Pier said that the State is currently conducting an investigation.

Councilor Simon asked if the 1,251 families, who applied to be on the waiting list for Section 8, are all from Windsor and when do the vouchers become available. Mr. Pier stated that the applications are from surrounding communities and Windsor. Vouchers become available on a regular basis--a couple every month.

7. Town Manager’s Report

Recent Retirements

It is my pleasure to recognize the efforts of a number of a town employees who have retired in the past few months. Ed Pruitt, from our Information Technology Department retired after ten years of service to the town.

At the end of August, Mr. Charles Antanaitis, a Maintainer II with the Public Works Department, retired after serving the town for 36 years.

In mid-September Mr. Dale Gardner, the Town Forester, retired after 30 years of service.

At the end of September, Mr. Robert Hotsko, Maintainer III in Public Works, retired after 30 years with the town.

These gentlemen’s work, be it behind the scenes or on our streets and public spaces, has been invaluable and they will be missed. We wish them the best of luck in their future endeavors.

Bradley Airport Runway 01-19

At the last Town Council meeting Councilor Walker asked a question regarding the long-term master plan for Bradley International Airport and a recommendation to consider closing Runway 01-19.

Runway 01-19 is used exclusively for small general aviation aircraft (probably all or virtually all are single engine or propeller driven), such as piper cubs.

There is relatively no noise impact off the airport property. If the runway had significant aircraft operations, the resulting noise impact on Windsor would be worse than that from the other two runways because of its orientation.

According to the consultant recommendations, consideration for its removal as a runway is for the future (10-20 years out). When and if its use ends as a runway, it would be used as a taxiway.

From the Town of Windsor’s perspective, its conversion to a taxiway would seem to be desirable.

Although air traffic at Bradley is projected to increase overtime there is no mention in the master plan of extending either of the 2 major runways. The recently completed Airport Noise Study contains flight patterns that are generally in Windsor’s favor in terms of mitigating noise impacts.

Veteran’s Day Observance

The Windsor Veteran's Day observance will be held at the Windsor VFW, located at the corner of Broad and Elm Street, from 7:00 PM to 8:00 PM on Thursday, November 11th. This year's Veteran's address will be delivered by World War II veteran and Windsor resident George Kafalas. In addition to his remarks, a salute to the dead and music from the Windsor High School band will be featured. This event is free and open to the public. For information call 285-1835.

Mayor Trinks asked about the percentage of reduced intake. Town Manager Souza replied that the primary generator has been reduced at least in half by construction debris.

Councilor Ellingwood asked what the acceptable levels of gypsum or mix is. Mr. Brian Funk said that the main issue is the condition or type of gypsum coming in and if it is in a crushed form (processed construction debris) which has much more surface for quicker degrading.

Councilor Mulligan hoped it would not come to micromanaging, but he has very little faith in the staff to solve this problem. Unfortunately, this is a move that we have to take at this point.

Councilor Simon thanked Councilor Mulligan for his motion.

Moved by Councilor Mulligan, seconded by Councilor Jepsen to add Agenda Item 12. A.- Discussion concerning the types of waste that will be accepted at the Windsor/Bloomfield landfill.

Motion Passed 9-0-0

Moved by Councilor Mulligan, seconded by Councilor Jepsen to add Item 12. F under New Business, "Approve settlement of Genesis Health Ventures versus the Town of Windsor", to add Item 12.G. under New Business, "Approve settlement of Huntington Mortgage Company versus the Town of Windsor" and move to add Item 16.A. under Executive Session "Strategy and negotiations with respect to pending claims and litigation (Town vs. Huntington Mortgage Company)".

Motion Passed 9-0-0

8. Communication from Council Members

Councilor Broxterman – None.

Councilor Dean – None.

Councilor Ellingwood – received numerous phone calls related to local small business closures over the past weekend. He believes that it is another issue that the Council is going to have to come face to face with.

Councilor Jepsen – invited everyone to vote tomorrow.

Councilor Simon – the Council received a copy of the most recent Citizen Perception Survey. He found the comments to be quite valuable.

Councilor Mulligan – None.

Councilor Walker – encouraged all residents to vote for their beliefs. He thanked Councilor Mulligan for adding the landfill item to the agenda.

Deputy Mayor Curtis – reminded all to vote. He commended Councilor Mulligan’s request regarding the landfill.

Mayor Trinks – was disappointed to hear of the ice cream business closing and urged all residents to support local businesses lest we have the ghost town that we had in the late 1980’s and early 1990’s.

9. 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 – None.
6. Personnel Committee – None.

10. Ordinances

None.

11. Unfinished Business

None.

12. New Business

12. A- Discussion concerning the types of waste that will be accepted at the Windsor/Bloomfield landfill.

Moved by Councilor Mulligan, seconded by Councilor Jepsen to ban the acceptance of gypsum at the Windsor/Bloomfield landfill to be revisited at the January 3, 2005 Town Council meeting.

Councilor Mulligan reiterated that he had hoped it would not come to micromanaging, but he has very little faith in the staff to solve this problem.

Mayor Trinks is worried that if we ban gypsum, that we may be giving the residents near the landfill false hope that the problem will be solved. He supports the motion, but we need to have the resources here to answer questions. This could also affect the funds needed to close the landfill.

Councilor Simon feels that we need the facts before a decision is made.

Councilor Dean stated that she agrees with Councilor Mulligan’s motion and that we have health issues to be concerned about. A decision to temporarily halt the acceptance of gypsum needs to be made.

Deputy Mayor Curtis supports the motion but doesn’t think that banning the gypsum will solve the odor problem that is already there. He asked if there are any contractual obligations with companies that they are guaranteed to use our landfill. Town Manager Souza said that there are not any contractual obligations that we would be violating. There would be a significant drop-off if not a complete drop off of construction debris. The wallboard is difficult to separate. A short-term ban would not have a significant impact given that the seasonal slowdown of the construction industry is approaching.

Councilor Walker said he supports this motion tonight.

Councilor Mulligan said that it would be his expectation in the near future to appeal this motion. He is not in favor of putting a reinstatement date on the motion at this time.

Councilor Jepsen supports this motion. He doesn’t expect the problem to go away with this motion. The gypsum is in the ground and will always be in the ground. Stopping the intake is the correct thing. He thinks that the coverage is going to be the key to this solution with some sort of permeable layer. He supports having a workshop to understand these issues and come up with a solution.

Councilor Simon asked if it is reasonable to conclude that we will not be accepting any construction demolition debris for awhile. Town Manager Souza said that there will be a significant drop-off. Councilor Simon said that there is no quick fix for this, we either have to install a methane system or dig up the gypsum. This is not going to remove the odor for anybody.

Mayor Trinks will support this motion as something that we need to try, but also what has to be done is looking at the financial impact of this on the closure. He cautioned the residents to not see this ban as a solution to the odor problem.

Councilor Ellingwood asked what tonnage we take in per day. Town Manager Souza said that over the next three years it is 100,000 tons.

Councilor Ellingwood made a friendly amendment to add a limit of 60 days for the ban.

Councilor Mulligan asked if within 60 days, the appropriate consultants can assure the Council that the problem is being handled. Town Manager Souza said that he would hope that the workshop could be held prior to the first week in December.

Councilor Jepsen suggested that the ban be revisited at the January 3, 2005 meeting.

Motion Passed 8-1-0 (Councilor Simon opposed)

1. In order to carry out the purposes of the Aquifer Protection Program, the Agency will conduct an inventory of land use within the area to assess potential contamination sources.

2. Not later than three months after approval by the Commissioner of the Connecticut Department of Environmental Protection of Level B Mapping of aquifers, the Agency will inventory land uses overlying the mapped zone of contribution and recharge areas of such aquifers in accordance with guidelines established by the Commissioner pursuant to Conn. Gen. Stat. § 22a-354f. Such inventory shall be completed not more than one year after authorization of the Agency.

3. Nothing herein shall prohibit the Agency to adopt such inventories and maps as may be completed by the Inland Wetlands and Watercourses Commission.

The enactment of this ordinance repealing specific sections of the prior ordinance as existing shall not operate as an abatement of any action or proceeding thereon now pending under or by the authority of said prior ordinance. All of said actions and proceedings are hereby ratified to be continued.

All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this ordinance shall be held to make the same unconstitutional, this ordinance shall not hereby be invalidated and the remainder of the ordinance shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statutes shall take precedence over this ordinance.

This ordinance shall become effective ten (10) days after publication in a newspaper having a substantial circulation in Windsor.

APPROVED AS TO FORM:

town Attorney

ATTEST:

Town Clerk

Distributed to Town Council: 11/1/04

Public Hearing Advertised: 11/5/04

Public Hearing 11/15/04

Adopted 11/15/04

Advertised

Effective Date

BE IT ORDAINED by the Town Council of the Town of Windsor, in meeting duly assembled, that pursuant to § 8-126 of the Connecticut General Statutes, the following ordinance is adopted.

Section 1. Creation of the Windsor Redevelopment Agency. There is hereby created the Windsor Redevelopment Agency to carry out the purposes of Chapter 130 of the Connecticut General Statutes.

Section 2. Technical Assistance. The Agency may request such information as it may require from the Town Manager or the Manager’s designee, who shall respond in a reasonably timely manner or provide reasonable access to such matters as the Agency may require. All such requests for information, shall be made through the chairperson of the Agency or, in the chairperson’s absence, through the secretary.

Section 3. Purpose of the Agency. The purpose of the Agency shall be:

(a) To prepare one or more redevelopment plans for approval of the Windsor Town Council.

(b) To take such actions as are necessary or desirable to carry out the public policy of the State of Connecticut within the Town of Windsor as set forth in Chapter 130 of the Connecticut General Statutes.

 

Section 4. Membership. The Agency shall consist of five (5) members who shall be electors and residents of the Town of Windsor appointed by the Town Manager with the approval of the Windsor Town Council and shall serve at the pleasure of the Town Council.

Section 5. Term of Office. Those first appointed to the Agency shall be designated to serve for one, two, three, four, and five years respectively, and thereafter members shall be appointed annually to serve for five years. Each member shall serve until a successor is appointed and has qualified and any vacancy shall be filled for the unexpired term.

Section 6. Procedure - Officers. The Agency shall select from among its members a Chairperson and a Vice-Chairperson, a Secretary and subject to Council appropriations and with the approval of the Town Manager may employ necessary technical and clerical assistance and legal assistance with the approval of the Town Attorney and prescribe the compensation for such services rendered. Action by the Redevelopment Agency shall be taken only on the majority vote of all the members.

Section 7. Remuneration. The members shall serve without compensation but may be reimbursed for necessary expenses which have been submitted and approved in advance by the Town Manager.

Section 8. Conflicting Resolutions, Orders, Rules and Regulations Suspended. At all times when any orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing resolutions, orders, rules and regulations insofar as the latter may be inconsistent therewith.

Section 9. No Conflict with State or Federal Statutes. This Ordinance shall not be construed to conflict with any State or Federal statute, rule or regulation.

Section 10. Savings Clause. The enactment of this Ordinance shall not operate as an abatement of any action or proceeding previously taken, now pending, or taken prior to the effective date of this Ordinance. All said actions and proceedings are hereby ratified to be continued.

Section 11. Severability. All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this Ordinance shall be held to make the same unconstitutional, this Ordinance shall not hereby be invalidated and the remainder of the Ordinance shall continue in effect. Any provision herein which is in conflict with Connecticut General Statues is hereby repealed, it being understood that said statutes shall take precedence over this Ordinance.

Section 12. Effective Date. This Ordinance shall become effective ten (10) days after publication in a newspaper having a circulation in Windsor.

APPROVED AS TO FORM:

Town Attorney

ATTEST:

Town Clerk

Distributed to Town Council:11/15/04

Public Hearing Advertised:_______

Public Hearing:____

Adopted:______

Advertised:____

Effective Date:_____