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Regular Meeting- 10/15/01
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  October 15, 2001        

                        

TOWN COUNCIL
Council Chambers

        
Members Present:        Mayor Lassman Fisher (Present from 8:00 p.m. to 8:45 p.m.)
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams     
                
                
                
Also Present:   Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                
                

Prior to this Meeting, Mayor Lassman Fisher had presented Proclamations to the architects of the September 29
The Mayor then presented Proclamations to South Windsor
Approximately forty (40)
Shortly after presenting these Awards, Mayor Lassman Fisher (who was still recovering from recent major surgery) turned the meeting over to Deputy Mayor Havens, and left.




Deputy Mayor Havens informed the listening public that this was Council
ITEM:

5.     Public Input

The first speaker under this item was Roy Normen, Homestead Drive, said he had two concerns he wished to bring to Council
Mr. Roy said that his second item of concern was the issue of street lights in common area developments being brought forth by Councillor Williams.  He felt it was
The next speaker was Robert Moeller, Chairperson of the Patriotic Commission.  Mr. Moeller, too, commented on the dedication and efforts of High School students Laura Burrill and Jacqueline Lewis that went into the service, he added, would commence at 11:00 p.m.


ITEM:

5.     Public Input

Mr. Moeller also stated that the reason for his lateness at arriving at this meeting was because of a discussion being held between the Patriotic Commission and Director of Public Works Michael Gantick regarding the possibility of installing a
The Deputy Mayor then complimented Mr. Moeller and the Patriotic Commission on their part in the
6.      Environmental Health and Safety Message

Councillor Pelkey commented that in his door-to-door campaigning he had noticed that many homes were not displaying
        Councillor Williams said that a team of Town officials have been formed to meet together, perhaps monthly, to discuss
        Mr. Galligan said that the Town would be trying to address concerns regarding the spread of
        The Town Manager said that the Board of Education has worked very well with the Town
ITEM:

6.      Environmental Health and Safety Message

        Mr. Galligan also informed Council that Councillor Roseann Williams would be the Council member of this group because she worked with Manchester/Rockville Hospitals, and because of her affiliation with ECHN.  Included in the training and programs being discussed were different types of
        Councillor Burnham asked if these meeting were something that the Council
        Councillor Delnicki asked the Town Manager if there were any
        Replying that he was not aware of any Civil Defense Director being active in South Windsor, Mr. Galligan said that the topic of using local amateur radio operators had been discussed at this meeting; and he felt that exploring the possibility of reactivating the position of
        Councillor Delnicki asked that the option of using amateur radio operations be explored further.  The Councillor then read the
ITEM:

7.     Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Regular Meeting of September 4, 2001; and Public Hearing of September 24, 2001 (re. $5,000 Appropriation for Consulting Services for Housing Authority).

Was made by:    Councillor Burnham
Seconded by:            Councillor Fine
The Motion was: Approved, unanimously

8.     Public Petitions  -  None

9.      Communications from Officers and Boards Directly Responsible to Council

10.     Communications and Reports from Town Manager

        Mr. Galligan informed the Town Council that the Town
Secondly, the Town Manager reminded Council that they had requested a
Regarding the purchase of a public address system, staff was currently looking into the cost and requesting quotes.  

Regarding Cox Cable and the Town
Speaking to the issue of
ITEM:

10.     Communications and Reports from Town Manager  (Continued)

What was decided, he continued, was to look at the street lights based upon the
The Town Manager then went through the other items contained in his Town Manager
Councillor Delnicki asked if
A
In response to Councillor Delnicki
On another issue, Councillor Delnicki asked where matters stood regarding a Resolution on the Dispatchers.  Mr. Galligan said that Chief Tyler and Director of Finance Melanie Crucitti were
ITEM:

10.     Communications and Reports from Town Manager  (Continued)

Deputy Mayor Havens, referring to the fact that Governor Rowland may be calling up a Session of the Legislature again, asked the Town Manager if he knew where
Based upon the two-year Governor
11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees -  None

13.     Communications and Petitions from Council

Councillor Burnham, referring to the South Windsor male and female winners of the recently held
Councillor Williams, referring to the fact that it was
Councillor Williams stated that these issues
ITEM:

13.     Communications and Petitions from Council  (Continued)


In conclusion, Councillor Williams addressed the issue of the placement of this Resolution on tonight
Councillor Aman, addressing that same issue said that (1)
Councillor Aman concluded by saying that if, once again, this type of Resolution is needed by the Town Manager to clarify for him exactly what policy and procedures he should design to cover this
Councillor Pelkey, having taken offense by an inference he felt was made previously by Mr. Roy Normen, asked Town Attorney Barry Guliano is it was not correct that he could vote on any condominium issue as long as it was all-inclusive of all the condominiums in Town?

Atty. Guliano said it might be worthwhile for him to explain this for the benefit of the Council as well as the public.  Generally, speaking, he said, it is generally understood that if you look at
ITEM:

13.     Communications and Petitions from Council  (Continued)

Atty. Guliano stressed that, clearly, Council must be able to do this.  What the law says, however, is that if you
Explaining further, Atty. Guliano said that
Councillor Delnicki said he wanted everyone to know that the 10th Anniversary of
Councillor Fine relayed a request that
Councillor Burnham asked the Town Manager to find out why voters cannot access the polling location in the gymnasium at Eli Terry School through the front door, rather than the back door as has been done for years.  He made the point that the location to the rear of the school where voters enter is very dark by sundown.  He felt that if it were not possible to use the front door of the school, better lighting should be installed at the rear of the school.  Mr. Galligan said he would try to coordinate a solution with the Registrars.
ITEM:

14.     Public Participation  -  None

15.     Consent Agenda

Motion to accept Agenda Items 16. A., B., and C. .as the Consent Agenda.

Was made by:    Councillor Pelkey
Seconded by:            Councillor Fine
The Motion was: Approved, unanimously

16.     Unfinished Business

16.     Unfinished Business

*A.     Appointment of Thomas Hindson, Jr. (D) as an Alternate to the Inland/Wetlands Agency

BE IT RESOLVED that the South Windsor Town Council appoints Thomas Hindson, Jr. as an Alternate to the Inland/Wetlands Agency for a term ending December 1, 2004.

(APPROVED BY CONSENT AGENDA)

*B.     Appointment of John J. Mitchell (R) as an Alternate to the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council appoints John J. Mitchell as an Alternate to the Economic Development Commission for a term ending November 30, 2004, to fill the unexpired term of Roy VanderPutten.

(APPROVED BY CONSENT AGENDA)

*C.     Appointment of Timothy M. Moriarty (R) to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council appoints Timothy M. Moriarty to the Patriotic Commission for a term ending August 31, 2003.

(APPROVED BY CONSENT AGENDA)

ITEM:

17.     New Business

A.     Resolution Accepting the Resignation of Viney Wilson (D) from the Park and Recreation Commission

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Viney Wilson from the Parks and Recreation Commission--said resignation being effective immediately; and thanks Viney for the many years she has devoted to serving her community
Was made by:    Councillor Pelkey
Seconded by:            Councillor Aman
The Motion was: Approved, unanimously

B.     Resolution Accepting the Resignation of Thomas Ruby (D) from the Park and Recreation Commission

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Thomas Ruby from the Park and Recreation Commission--said resignation being effective immediately, and thanks Tom for the time he has devoted to the Parks and Recreation Commission in service to his community.  

Was made by:    Councillor Pelkey
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously

C.      Resolution Accepting the Resignation of John L. O
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of John L. O
Was made by:    Councillor Pelkey
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

ITEM:

17.     New Business  (Continued)

D.      Resolution Approving a Tax Refund to Five (5) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to five (5) South Windsor taxpayers, the total of said refunds being $898.55, and as shown on attached Exhibit A.

Was made by:    Councillor Streeter
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

E.      Resolution Approving the Transfer of $35,677 from the Economic Development Coordinator
BE IT RESOLVED that the South Windsor Town Council approves the transfer of $35,677 from the Economic Development Coordinator
        1192-1921-110   Central Services Full-time
                                     Salaries                           $27,000

        1930-9006-130   Social Security                     2,066

        1940-9007-130   Health & Life Insurance             6,611

                                        Total                           $35,677

Said transfer is to cover the salary and benefits of the Administrative Secretary that was hired to assist the Town Manager with economic development.

Was made by:    Councillor Burnham
Seconded by:            Councillor Streeter
The Motion was: Approved, unanimously

ITEM:  

17.     New Business  (Continued)

F.      Discussion Item
Atty. Guliano reminded Council that Councillor Delnicki, in response to residents
The Town Attorney then pointed out to the Council Members that he had left them a packet containing an outline of what he would be discussion.  The first document he alluded to was an Ordinance from the Town of East Hartford that affects several streets that run from East Hartford into South Windsor
East Hartford
Atty. Guliano included in the packet a brief history regarding regarding
Eventually, according to Atty. Guliano, the Ordinance was struck down at the
ITEM:  

17.     F.  (Continued)


was a Connecticut General Statute (14-298) that speaks to the duties and jurisdiction of the State Traffic Commission, and found that the previously mentioned State Stature gives sole jurisdiction to the State to regulate trucks that are passing between two Towns.  (A copy of the Supreme Court
None of the forgoing deals with
In summation, the Town Attorney informed Council that there would be three (3) big issues the Town would face if it tried to regulate
The Town Attorney said the reason he came before Council was because he felt that the Kelly Road situation, at least, is different from the last case.  He felt that it would be easier to prove that, in the Kelly Road case, there is an
The South Windsor case, he said, is still
Atty. Guliano said that if the Council were to consider imposing such a ban on Kelly Road, he strongly recommended that the ban not apply to Kelly Road only, but should also apply to Dart Hill Road so that Council was not merely shifting the traffic onto another residential street in the area.


ITEM:  

17.     F.  (Continued)

Councillor Pelkey asked for the technical definition of a
The road, he added, is .7 of a mile long.  Some of the complaints he heard were:  Traffic diverted from Route 84 because of an accident were sent down Avery to Kelly
Other resident
The comments heard most often from the residents was..
After
ITEM:  

17.     F.  (Continued)

Councillor Delnicki stated that he, too, had spent substantial time on Avery Street, Dart Hill Road, and Kelly Road looking at this problem and speaking with residents of those areas.  He felt that the
Councillor Delnicki said he had taken the time to drive these routes and time them
Councillor Delnicki then requested that this
Pointing out that East Hartford
Councillor Fine asked what type of a truck weighted 15,000 lbs.
ITEM:  

17.     F.  (Continued)

Atty. Guliano said he appreciated Councillor Fine
Councillor Burnham asked that
Councillor Burnham pointed out that Governor
Atty. Guliano said that Council must remember that East Hartford
Councillor Aman felt that Kelly Road, itself, was unique; and asked Atty. Guliano, prior to coming up with an Ordinance to look, particularly, at the weight limit, and speak with the Chamber of Commerce, and others, regarding this.  He felt that 7,000 lbs. was probably too light; and that 15,000 lbs. would hurt some of the Town
Councillor Aman said that he wished to see the signs saying


ITEM:  

17.     F.  (Continued)

Deputy Mayor Havens then asked the Town Attorney to begin to prepare an Ordinance prohibiting truck traffic on Kelly Road.  However, he called for caution regarding when and how it is written.

Atty. Guliano asked for clarification as to what exactly Council was requesting.  Again, he said, he was strongly recommending that any Ordinance dealing with Kelly Road also include Dart Hill Road.  

G.      Resolution Appointing the Firm of Scully & Wolf as Auditors for the Town of South Windsor

WHEREAS, it is the Audit Committee
WHEREAS, there has been a major revision in Government Accounting Standards (known as Government Account Standards Board Statement 34 or
WHEREAS, in light of these major revisions, the Audit Committee recommends that it is in the best interest of the Town to retain our current auditors for an additional two years to help implement the significant changes; and

WHEREAS, at the expiration of this two-year period it is the strong recommendation of the Audit Committee that the Town rotate its auditors

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby appoints the firm of Scully & Wolf, of Glastonbury, Connecticut to audit the books and accounts of the Town of South Windsor, as provided in the General Statutes of the State of Connecticut; and

BE IT FURTHER RESOLVED that the fee for said auditing service by Scully & Wolf will be $32,500 for the Fiscal Year ending June 30, 2002; and $33,200 for the Fiscal Year ending June 30, 2003
Was made by:    Councillor Fine
Seconded by:    Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:  

17.     New Business  (Continued)

H.      Resolution Approving Reimbursement of the Cost of Street Lighting to Common Area Developments  

WHEREAS, it is the intention of the Town Council to provide municipal services to all residents in a fair and equitable manner; and

WHEREAS, the Town Council has determined to be provide cost reimbursement for street lighting along interior roadways for common area developments

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the following street lighting reimbursement policy for common area developments:

Based on the roads within a common area development that have been determined to be eligible for snow removal reimbursement costs, the Town Manager, or his designee, shall inspect those areas and determine the appropriate number of
Reimbursement shall be at the same rate the Town of South Windsor currently pays Connecticut Light & Power Company for street lights on Town roads

Such reimbursement of street lighting costs shall be paid to these common area developments, quarterly, effective January 1, 2002

and

BE IT FURTHER RESOLVED that the Town Council directs Town Manager Matthew B. Galligan to prepare and present, for Town Council approval at its December 3, 2001 Regular Meeting, a detailed program for street lighting reimbursement for common area developments.

Was made by:    Councillor Williams
Seconded by:    Councillor Aman
The Motion was: Approved, unanimously


ITEM:  

17.     New Business  (Continued)


I.      Resolution Authorizing Town Manager To Execute Lease Agreement With SBA Properties, Inc. For Construction And Lease Of Communication Tower

WHEREAS, the Town issued a Request for Proposals to construct and lease a communication tower on Town property at the South Windsor Police Department, a portion of which tower is to be used by the Town for its police, fire, ambulance and municipal communications; and

WHEREAS, SBA Properties, Inc. (
WHEREAS, the lease between SBA and the Town provides for an initial term of ten (10) years, with automatic renewals for two (2) additional five (5) year terms and one (1) additional four (4) year term, for a maximum of twenty-four (24) years, unless terminated sooner; and

WHEREAS, the up-front payment of $525,000 by SBA to the Town represents lease payments for the first ten (10) years of the lease; lease payments would be $2,000 per month for years 11 through 15, $2,300 per month for years 16 through 20, and $2,645 per month for years 21 through 24.

NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute the lease agreement with SBA as described above on behalf of the Town in a form to be approved by the Town Attorney.

Was made by:    Councillor Aman
Seconded by:    Councillor Delnicki
The Motion was: Approved, unanimously




ITEM:  


18.     Passage of Ordinance  -  None


19.     Communications and Petitions from Council (Continued)  None


20.     Executive Session - None


21.     Motion to Adjourn

        A Motion to Adjourn was made at 11:15 p.m., duly seconded, and approved
        Unanimously.


Respectfully submitted,


                                                        
Patricia R. Brown
Clerk of the Council

Attmt.  (Exhibit A.)