Mayor Trinks called the regular meeting to order at 7:33 p.m.

1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Broxterman (arrived 7:45 p.m.), Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker

2. Prayer – Deputy Mayor Curtis

3. Pledge of Allegiance – Deputy Mayor Curtis

4. Proclamations/Awards

1. Honoring Comalita Elliott, RN, CDE for her dedication to improving public health

Councilor Walker read the proclamation honoring Comalita Elliott, RN, CDE.

5. Public Communications and Petitions

Ms. Doris Hensley, 98 Allen Street, asked that property taxes be frozen for citizens over 70 years of age. It is important for seniors to remain in their own homes and she hopes the Council considers the tax suggestions.

Ms. Janet Kiehne, 603 Bricklayer Road, Chair, Windsor Early Childhood Council, addressed the Council. She provided feedback from community members regarding a universal pre-kindergarten program. Most of the participants supported the idea in principal; however, there were too many questions for them to make an opinion. Ms. Kiehne read some of the concerns and comments of citizens. She quoted a report Investing in Pre-Kindergarten Programs by the National Institute for Early Education Research, Rutgers University.

Mr. Patrick Terrion, 510 Hearthstone Drive, spoke regarding the reconsideration of accepting gypsum at the landfill. His concern is not just the odor and sickness caused from the gas, but also the mismanagement that is resulting in this problem. He noted that there would be consequences across the board. He strongly urged the Council to come up with a plan that will provide a long-term solution.

Ms. Darlene Klase, 318 Hitching Post Drive, addressed the landfill odor problem. The odor is more concentrated inside area houses. She feels that there is a problem with the wedge. She wanted to know what the plan is, temporary and long-term. She is concerned about the problems the odor causes with her children’s asthma.

Mr. Gerald LaFleur, 449 Lantern Way, discussed his anger concerning the landfill. With the expansion of the landfill, pursuant to closure, they have suffered greatly with the odors. He dreads coming home in the evening and has to leave frequently to get respite from the odors. He asked that other options be reviewed for the landfill. The quality of life is not being maintained for the community around the landfill.

Ms. Ellen Spalluto, 456 Lantern Way, said that residents near the landfill were encouraged by the Council’s decision to stop accepting gypsum at the landfill. If you do not live there you cannot imagine the horror. She is very disappointed in hearing that because of fiscal considerations, the Council is reconsidering accepting gypsum at the landfill.

Mr. Patrick Higgins, 16 Broadleaf Circle, is annoyed that the Council is reconsidering accepting gypsum at the landfill. He thinks that the Council is rushing to make a decision without having all of the facts. He added that the Council had agreed that there was time to sit back and evaluate it.

Ms. Maryellen Gallagher, 415 Lantern Way, discussed the reconsideration of accepting gypsum at the landfill. Thanksgiving is just around the corner and it won’t be celebrated in the neighborhood. In the past two weeks, they had to pack a bag and leave their home and stay somewhere else because they couldn’t breathe the air in their home. Two weeks ago, she had hope when the Council voted to stop accepting gypsum at the landfill.

Mr. Thomas Gallagher, 415 Lantern Way, said that if they have to leave their home again, they would go to a local hotel and bill the town for being displaced from their home.

Mr. Steve Hawes, 444 Lantern Way, added that it is difficult to imagine any guests at their home at this point. He thanked the Council and town staff for being proactive at this point. He suggested that both residents and town officials would benefit from a link on the town website regarding the landfill issues. He added that e-mail addresses for residents to contact would be useful on that page as well.

Ms. Cathy LaFleur, 449 Lantern Way, said that her confidence level has dipped tremendously. She is at the point where she is ready to cut their losses and leave.

Mr. Joe Spalluto, 456 Lantern Way, is concerned that this issue regarding reconsidering the acceptance of gypsum may break down politically. This should not be a political issue and he will be seriously disappointed if it does break down along political lines.

Mr. Daniel Moran, 505 Hearthstone Drive, added that his wife goes to bed very ill because of the landfill odors.

6. Report of Appointed Boards and Commissions

1. Public Building Commission

Mr. Joseph Novak, Chair, reported to the Council.

WHS – The circuit breakers still need to be labeled. A letter was sent to the contractor giving him until the end of this week or they will hire another contractor.

L.P. Wilson Roof – is complete. There is still some sheet metal work going on.

Welch Pool Renovation – No change.

Clover Street Window Replacement Project – they will make a presentation to the Council to continue with this project by taking funds from existing projects that are under budget and transferring the funds to this project.

Public Works Facility – the sand and salt storage shed has been erected and is in use. They are awaiting the installation of the door.

L.P. Wilson and Sage Park Gyms – the floors are complete.

Poquonock Office Improvements – complete. The project will come in over budget. The Board of Education budget will pick up the difference.

Library Expansion Project – is out to bid and will come back next month. The schedule is to select the general contractor the first week of January.

Councilor Broxterman asked about the Clover Street Window Replacement Project. Mr. Novak said that the contractors estimated the project at $486,900. The project is for replacement of windows, however the windows will be smaller so walls will be rebuilt.

Councilor Simon requested a report on the Poquonock School expenditures.

Councilor Mulligan asked what was left out to have gone from and estimate of $800,000 to an estimate of $486,900. Mr. Novak said that the Board of Education and the architect reviewed the project and obtained estimates.

Councilor Jepsen inquired that when a bond ordinance is passed, by what mechanism is the Board of Education able to change the scope of the bonded project. Mr. Novak said that soft money was added in the form of furniture, etc. Town Manager Souza said that he doesn’t believe that the bond would be compromised.

2. Youth Commission

Ms. Florence Barlow, Chair, Youth Commission gave the report to the Council.

She reviewed their mission and requested representatives from the Town Council and the Town Manager’s office be present at the Youth Commission. They held a battle of the bands event and it was very successful. They are currently reviewing the possibility of changing the name of the Youth Commission. The $4,500 grant from the Capital Area Substance Abuse Program does fund quite a few projects. Their main concern is adequate funding and space at L.P. Wilson for the Youth Services Bureau. The Commission is requesting help in finding space. Their goals are to approach the address/street sign theft with a newsletter and education program on the seriousness and consequences of this felony. A two-day program "Every 15 Minutes" will be held. The program dramatically emphasizes to teenagers the consequences of drinking and driving. They estimate the program will cost $5,000.

7. Town Manager’s Report

Stormwater Management Plan Annual Review

In accordance with the State of Connecticut Stormwater Management Plan guidelines, town staff will present an annual report on the plan to the town’s Conservation Commission on Tuesday, November 30^th. The Conservation Commission will meet at 7:30 PM in the Ludlow Room at the Windsor Town Hall and the public is welcome to attend. For more information, call Duane Martin at 285-1871.

Update on the Installation of the Expansion to the Landfill Gas Collection System

I want to provide an update on the status of the construction project at the Landfill to expand the Landfill Gas Collection System. This expansion, which was approved by the Town Council in October, is being installed to deal with odor issues emanating from the area of the Landfill which we refer to as the "wedge", which is along the southern and southwestern edge of the site.

Our consultants, SCS Field Services have been on-site since November 8^th doing drilling of the vertical collection wells. The installation of these wells was completed this last weekend. Beginning today, they have been trenching and installing the pipes between the vertical wells. This will continue for the next two weeks, with the majority of this work being completed in the next week-and-a-half. It is anticipated that the expansion project will be done and in operation during the week of November 29th.

Community Development Block Grant - Small Cities Program

In both March and September of this year, the Community Development Office and Wilson Deerfield Advisory Committee hosted public hearings to obtain feedback on the town’s community development initiatives. We sought feedback from residents regarding the needs of the community, and suggestions of activities for which the town may wish to apply for funds. The result of both of these meetings was a recommendation that the Community Development Office pursue CDBG funding for a number of activities, including: improvements to the Wilson Branch Library, reconstruction of Wilson Avenue, median improvements along Windsor Avenue, ADA improvements to Milo Peck and the Rappaport Building, and small business loan program.

The recommendations from those meetings were reviewed and it was determined that some of the projects such as the Windsor Avenue project were already included in the town’s CIP but were a number of years out in the future.

In addition, two of the projects, the Rappaport Building project and renovation of the Wilson Branch Library are not ready for implementation at this time. The response from the Library Director and Wilson Branch Manager was that while they would be interested in renovating the Branch in the future, it should not proceed while the Main Library project is underway. In addition, any discussion of renovation needs to involve the Windsor Library Association.

During the current calendar year, Community Development Office grant activity has included completion of the final application for a $300,000 housing rehab grant authorized by Town Council in 2003. It also involved reapplication for a $110,000 grant for emergency generators for the Windsor Housing Authority. Originally, this project had been included with the housing rehab grant application, but it was rejected. Staff pursued and received approval of a separate grant for this project.

Presently, the staff is assessing potential applications for CDBG funds for public improvement projects as identified in the Capital Improvement Plan and for small business loans. We expect to be making recommendations to the Town Council in the near future.

Dr. Charles Petrillo, Director of Health Services, gave an update on the flu vaccination shortage.

Councilor Mulligan asked about the monthly financial reports from SummerWind. Town Manager Souza said that he has not received a written financial report from SummerWind, however, he spoke to them a week ago and is expecting financials shortly.

8. Communication from Council Members

Councilor Broxterman – None.

Councilor Dean –also expressed congratulations to Diane McDougald for her award.

Councilor Ellingwood – None.

Councilor Jepsen – None.

Councilor Simon – None.

Councilor Mulligan – None.

Councilor Walker – announced that there will be a Carol Sing on the Town Green on Thursday, December 2^nd. For more information call 688-5165. He congratulated Diane McDougald for her award from Archer Memorial Church.

Deputy Mayor Curtis – congratulated Diane McDougald and Councilor Walker who also received an award from Archer Memorial.

Mayor Trinks – None.

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

1. Approve an ordinance entitled, "AN ORDINANCE ADOPTING THE AQUIFER PROTECTION AREA PROGRAM AND DESIGNATING THE INLAND WETLANDS AND WATERCOURSES COMMISSION AS THE AQUIFER PROTECTION AGENCY."

Resolved by Councilor Jepsen, seconded by Councilor Broxterman that the reading into the text of the ordinance entitled, "AN ORDINANCE ADOPTING THE AQUIFER PROTECTION AREA PROGRAM AND DESIGNATING THE INLAND WETLANDS AND WATERCOURSES COMMISSION AS THE AQUIFER PROTECTION AGENCY" is hereby waived, the full text of the ordinances having been distributed to each member of the Council and copies being made available to those persons attending this meeting; and that the full text of the ordinance be recorded with the minutes of this meeting.

Motion Passed 9-0-0

Moved by Councilor Jepsen, seconded by Councilor Broxterman to approve an ordinance entitled, "AN ORDINANCE ADOPTING THE AQUIFER PROTECTION AREA PROGRAM AND DESIGNATING THE INLAND WETLANDS AND WATERCOURSES COMMISSION AS THE AQUIFER PROTECTION AGENCY."

Town Manager Souza provided a brief overview of the program. In February, the State adopted Aquifer Protection Area Program Regulations mandating municipalities to create and or designate a Municipal Aquifer Protection Agency and to put into place an aquifer protection program to include regulations, permitting and best management practices to help ensure protection of our ground water. The basic premise of the aquifer protection program is to find the best way to prevent contamination of large public drinking water supplies and to limit high-risk land uses in critical areas that feed water to the water supply wells.

Councilor Walker asked about the application fee that may be established. Town Manager Souza responded that they are reviewing an application fee.

Councilor Simon asked which position will complete the technical training. Town Manager Souza said that the Environmental Planner who also serves as the Wetlands Agent would complete the training.

Motion Passed 9-0-0

10. Unfinished Business

None.

11. New Business

1. Presentation on mental health education and awareness

Ms. Robin Newman, Director of Human Services, and Police Chief Searles gave an overview. The Mental Health Committee is a task team with representatives from town departments, the Board of Education, Town Council, and the public. Their objectives are to address education and training in the Windsor community for first responders and to offer education to the general public, in an effort to de-stigmatize mental illness, realizing that stigmas can keep those in need from seeking help.

Spectrum Psychotherapy Centers, LLC, is offering five (5) one-hour sessions to the Windsor community on various mental health topics. The next workshop will be held on December 2^nd at 5:00 p.m. in the Board of Education Conference Room at the L.P. Wilson Community Center and the topic is depression.

Deputy Mayor Curtis asked for an update on the crisis intervention program. Chief Searles said that 20% of officers will get the full crisis intervention program training and the other officers will receive awareness training.

Moved by Councilor Broxterman, seconded by Councilor Walker to move Item 12 D. Reconsider action suspending acceptance of gypsum material at Windsor-Bloomfield Landfill to this point in the agenda.

Motion Passed 9-0-0

4. Reconsider action suspending acceptance of gypsum material at Windsor-Bloomfield Landfill

At their November 1^st meeting, the Town Council passed a motion banning the acceptance of gypsum at the Windsor/Bloomfield landfill. It is the Council’s intent to revisit the issue at the January 3, 2005 Town Council meeting.

Staff has received a number of calls with concerns from individuals and local waste haulers about the inability to dispose of gypsum and the short notice of this action. We expect the bulky waste intake to drop off considerably during the next two months. The Mayor has requested that this item be placed on the agenda for reconsideration. His desire is to have a discussion relative to allowing the acceptance of gypsum waste generated in Windsor and Bloomfield.

Mayor Trinks discussed the reconsideration of accepting gypsum from residential customers. Residential customers will drop off the gypsum in containers placed at the landfill, which will then be hauled off site and disposed of by a contract hauler. It is in his opinion that this is an operational decision, not a policy change.

Councilor Ellingwood asked what the volume was in the past few weeks. Mr. Mark Goossens, Landfill Manager, said that approximately a ton and a half was received last week.

Councilor Simon was hoping that this evening, the Council would have a more involved discussion about the decision to accept gypsum. Councilor Simon asked if we are getting any bulky waste, exclusive of gypsum. Mr. Goossens stated that it is greatly reduced, perhaps 3-5 a day, compared with 20-25 per day previously.

Councilor Mulligan noted the estimate for FY2004-2005 was 29,200 tons of bulky waste for the year and the first quarter accepted 12,000 tons. Mr. Goossens responded that it is seasonal. A good portion of the 29,200 tons is spot market. Councilor Mulligan asked if any air monitoring tests have been performed. Town Manager Souza said that there is testing at the well heads and a surface scan was done in late October. No testing has been done at the boundaries of the landfill or in the neighborhood. Additional data will be available hopefully by the end of the week.

Councilor Ellingwood said that if we keep talking at this point, it is speculation until we get the data.

Councilor Mulligan said that we were told in excess of a year ago that there was an issue and we were led to believe that town staff would solve the issue. Obviously they were wrong, there wasn’t a comprehensive plan to expand the gas collection system as the landfill was filled. It is time to stop them until they have a comprehensive plan to solve the problem.

Mayor Trinks inquired about the workshop date. Town Manager Souza scheduled the workshop for December 13^th at 7:00 p.m.

Councilor Walker asked if the workshop would be a public discussion. Town Manager Souza said that it would be three or four agenda items followed by public discussion.

Councilor Mulligan requested that the workshop be held in Council chambers and that it be televised.

2. Introduce an ordinance entitled, "AN ORDINANCE ESTABLISHING A REDEVELOPMENT AGENCY FOR THE TOWN OF WINDSOR."

Resolved by Deputy Mayor Curtis, seconded by Councilor Ellingwood that the reading into the text of the ordinance entitled, "AN ORDINACE ESTABLISHING A REDEVELOPMENT AGENCY FOR THE TOWN OF WINDSOR" is hereby waived, the full text of the ordinance having been distributed to each member of the Council and copies being made available to those persons attending this meeting; and that the full text of the ordinance be recorded with the minutes of this meeting.

Motion Passed 8-0-0 (Councilor Broxterman out of chambers)

Moved by Deputy Mayor Curtis, seconded by Councilor Ellingwood to introduce an ordinance entitled, "AN ORDINACE ESTABLISHING A REDEVELOPMENT AGENCY FOR THE TOWN OF WINDSOR" as presented at the Town Improvements Committee meeting.

Mr. James Burke, Director of Economic Development, reviewed the Tax Increment Financing Policy. On December 16, 2002, the Town Council adopted a Tax Increment Finance (TIF) policy. This policy had been recommended by the Economic Development Commission as a tool to address priority redevelopment sites including, among others, the Plaza Theater, Rappaport Building, former Tobacco Valley Inn property, and the Wilson Redevelopment Parcel.

The Town Economic Development Commission has approved and is recommending Council approval of the proposed TIF policy. The Town Finance Committee reviewed the proposed TIF policy at its meeting on October 29^th and they voted to recommend Town Council approval of the policy with a change to Section III. 4., to clarify that the developer is to use best efforts to provide job creation priority for Windsor residents. The Committee also requested that the Council officially adopt the redevelopment property list and that a procedure be established to review and update the list at least annually and otherwise when needed. On December 2^nd, the Town Council adopted a Priority Redevelopment Properties List and Policy in response to Councilors concerns for an official and up-to-date list.

Councilor Jepsen is troubled by this. The state law enacting this doesn’t fit our town. "Members of any redevelopment agency will be appointed by the city or borough or by a board of selectman". We should be free on our own in selecting the members of this board. He asked if this state law overrides our charter. Town Manager Souza said that town staff raised this question to the town attorney.

Mr. Burke said that in Section 5-2 of the Town Charter, it provides that the Town Manager will be the Chief Executive Officer of the town. In towns that do not have a Chief Executive Officer, the Board of Selectman may appoint the Board. Town Manager Souza added that they have deferred this question to the town attorney and the bond attorney.

Councilor Jepsen asked if we take out the comment of "2/3’s" that the attorneys are telling us to do. It is possible that this new board could be comprised of all members from one political party. Given the legal standing, Councilor Jepsen will not support this motion.

Councilor Simon mentioned that because we have done something a certain way before, it doesn’t necessarily mean it’s a good way. We eliminate 40% of our population that are unaffiliated voters. He would welcome the opportunity to have some non-partisan appointments.

Councilor Walker said that those elected to serve should have integrity. He concurs with the town attorneys.

Councilor Mulligan will support the creation of the board. He understands Councilor Jepsen’s opinion, but it is important to get this board established. He added that the Republican Party does designate non-partisan appointments.

Councilor Dean asked what the attorney referenced in order to come to his decision. Mr. Burke said that the attorney consulted the charter and state statutes related to municipal powers. Councilor Dean asked what the process is for nominating residents to the board. Town Manager Souza said that they have not flushed out the process but they will place a request on the website, use the e-mail direct subscription service and consult members of community development and economic development.

Deputy Mayor Curtis said that this is the one mechanism that is available, those appointments still have to come back to the Council, funding also has to go through the Council. He is in favor of going forward with this motion.

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

3. Set a Public Hearing for December 6, 2004 at 7:15 p.m. (prevailing time) for an ordinance entitled, "AN ORDINANCE ESTABLISHING A REDEVELOPMENT AGENCY FOR THE TOWN OF WINDSOR."

Moved by Deputy Mayor Curtis, seconded by Councilor Broxterman that a Public Hearing be held at the Windsor Town Hall on Monday, December 6, 2004 at 7:15 p.m. (prevailing time) for the purpose of receiving public comment on a proposed ordinance entitled "AN ORDINANCE ESTABLISHING A REDEVELOPMENT AGENCY FOR THE TOWN OF WINDSOR" and further resolved that the Town Clerk is authorized and directed to post and publish notice of said Public Hearing.

Motion Passed 9-0-0

5. Presentation on elderly tax relief options

Town Manager Souza reviewed the elderly tax relief options.

Councilor Jepsen asked about the circuit breaker option and asked about the percentage of state reimbursement that we received for the $215,000 in credits. Town Manager Souza said that we received 100% reimbursement from the state.

Councilor Ellingwood asked if we are reviewing two tax payments per year. Town Manager Souza said that is a policy discussion that should be on the table in the next couple of months. It has a financial impact of potential lost interest earnings and collection rates.

Councilor Simon said that the estimates for two tax payments per year would cost the town $1 million per year.

Mayor Trinks referred the item to the Finance Committee for review and discussion.

10. Resignations and Appointments

Moved by Deputy Mayor Curtis, seconded by Councilor Broxterman to:

• Accept the resignation of Dorothy Bruno from the Commission on Aging and Handicapped

• Appoint L’Amour Howell as a democratic member to the Commission on Aging and Handicapped for a three year unexpired term to expire January 31, 2006 or until a successor is appointed

• Appoint Margaret Harvey as a democratic member to the Conservation Commission for a five year unexpired term to expire November 30, 2007 or until a successor is appointed

• Reappoint Richard Hazelton as a democratic member to the Public Building Commission for a three year unexpired term to expire November 30, 2006 or until a successor is appointed

• Appoint Suzanne Moriarty as a democratic alternate member to the Youth Commission for a two year unexpired term to expire September 30, 2006 or until a successor is appointed.

Motion Passed 9-0-0

14. Minutes of Preceding Meetings

1. Minutes of the November 1, 2004 Regular Town Council Meeting

Moved by Councilor Broxterman, seconded by Councilor Dean to accept the minutes of the November 1, 2004 Regular Town Council Meeting. Corrections: page 6, item 12 A-strike supports the motion in the sentence: Councilor Simon supports the motion, but feels that we need the facts before a decision is made.

Motion Passed 9-0-0

15. Public Communications and Petitions

None.

16. Executive Session

None.

17. Adjournment

Moved by Councilor Ellingwood, seconded by Councilor Broxterman to adjourn the Regular Town Council Meeting at 10:14 p.m.

Motion Passed 9-0-0

Respectfully submitted,

Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

Main Library

Wilson Branch

WHEREAS, Section 22a-354o of the Connecticut General Statutes ("Conn. Gen. Stat.") provides that each municipality in which an aquifer protection area is located shall authorize by ordinance an existing board or commission to act as an aquifer protection agency; and

WHEREAS, it has been determined that it is in the best interest of the Town of Windsor to designate the Inland Wetlands and Watercourses Commission as the town’s aquifer protection agency.

NOW THEREFORE, be it ordained by the Council of the Town of Windsor that Chapter 14 Article XI of the Windsor Code is adopted to read as follows:

1. In accordance with the provisions of Conn. Gen. Stat. §22a-354a, et seq., the Inland Wetlands and Watercourses Commission is hereby designated as the Aquifer Protection Agency (hereinafter the "Agency") of the Town of Windsor.

2. Members of the Inland Wetlands and Watercourses Commission shall serve coexisting terms on the Agency. The membership requirements of the Agency shall be the same as those of the Inland Wetlands and Watercourses Commission including, but not limited to the number of members, terms, method of selection and removal of members, and filling of vacancies.

3. At least one member of the Agency or staff of the Agency shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to Conn. Gen. Stat. § 22a-354v.

1. The Agency shall adopt regulations in accordance with Conn. Gen. Stat. § 22a-354p and R.C.S.A. §22a-354i-3. Said regulations shall provide for:

i.  The manner in which boundaries of aquifer       protection areas shall be established and amended or changed.

ii.  Procedures for the regulation of activity within the area.

iii.  The form for an application to conduct regulated activities within the area.

          iv.   Notice and publication requirements.

v.    Criteria and procedures for the review of applications.

 

vi.  Administration and enforcement.

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: 11/18/04

Effective Date:  11/29/04

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: 11/19/04

Public Hearing:12/6/04

Adopted:        

Advertised:           

Effective Date: