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TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 APRIL 15, 2002
TOWN COUNCIL Council Chambers
Members Present: Mayor William Aman
Deputy Mayor Matthew Streeter
Councillor Barbara Barbour
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Edward Havens
Councillor John Pelkey
Members Absent: Councillor Deborah Fine
Councillor Lassman Fisher
Also Present: Town Attorney Barry Guliano
Absent: Town Manager Matthew B. Galligan
Mayor Aman called the meeting to order at 8:00 p.m. (Town Manager Matthew Galligan was absent from this meeting. Town Attorney Barry Guliano and Assistant to the Town Manager Judy Hall were available to answer any questions from the Town Council.)
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of March 4, 2002; Public Hearing of March 4, 2002 (Re. Amendment to Ordinance Concerning Building Permits, etc.) ; and Regular Meeting of April 1, 2002.
Was made by: Councillor Burnham
Seconded by: Councillor Pelkey
ITEM:
7. (Continued)
Councillor Barbour said she would be abstaining from the vote because she was absent from the April 1, 2002 Regular Meeting.
The Motion was approved 6 Ayes and 1 Abstention on a Roll Call vote; the lone abstention being from Councillor Barbour.
8. Public Petitions
Denise Pantason, 40 Perrin Lane, came forward to provide 90 additional signatures of citizens for the
Mayor Aman then read the Petition
9. Communications from Officers and Boards Directly Responsible to Council
Craig Zimmerman, 5A Amato Drive, Chairman of the Park and Recreation Commission asked for the opportunity to provide a short update on the status of the proposal for a
Continuing, Mr. Zimmerman suggested that citizens wishing input into this process should call the Town
10. Communications and Reports from Town Manager
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
ITEM:
13. Communications and Petitions from Council
14. Public Participation
Speaking in favor of the restoration of the SWEPT program were the following residents:
Charlene Swietek, 106 Farnham Road, who spoke in favor of the SWEPT program.
Nancy DeMay, 69 Charing Road, thanked the Town Council for all its efforts, and those of the residents working to restore the SWEPT program.
Ellen Pelan, 11 Paper Chase, spoke in favor of restoring the SWEPT program. She spoke of the affect the removal of this program would have on the children involved in it; and asked that the Council have
Juliana DeMay, 69 Charing Road, a young student involved in the SWEPT program, spoke about the benefits to the young students involved in it.
Carol Bettigole, 24 Jonathan Lane, who said she did not grow up in South Windsor, had no children in the SWEPT program, nor did she have any friends who had children in the SWEPT program but was in favor of a program that was tailored to meet the needs of talented and gifted children.
Kathy Ewing-Rinker, 49 Hearthstone Drive, said she did not understand why South Windsor
Stephanie Tran, 62 Talcott Ridge Road, a SWEPT student, rose to inform the Council that the children in the SWEPT program would not fit in with the other students where the program to be discontinued.
ITEM:
15. Consent Agenda
Motion to approve Agenda items 17 A. through 17. E. and 17. I. as the Consent Agenda
Was made by: Councillor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
17. New Business
*A. Appointment of Peter T. Anthony, Sr. (D) as an Alternate to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Peter T. Anthony, Sr. as an Alternate to the Patriotic Commission for a term ending August 31, 2005, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of Paul Baker (D) as an Alternate to the Inland-Wetlands Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Paul Baker as an Alternate to the Inland-Wetlands Commission for a term ending December 1, 2004 to fill the unexpired term of Thomas Hindson, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*C. Appointment of Edward Havens, Jr. (D) to the Water Pollution Control Authority, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Edward Havens, Jr., to the Water Pollution Control Authority for a term ending November 30, 2005 to fill the unexpired term of Thomas Hindson, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
*D. Appointment of Robert F. Entigar (R) to the South Windsor Agricultural Land Preservation Advisory Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Robert F. Entigar to the South Windsor Agricultural Land preservation Advisory Commission (SWALPAC) for a term ending November 30, 2004, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*E. Appointment of Thomas F. Foley (R) as an Alternate to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council appoints Thomas F. Foley as an Alternate to the Patriotic Commission for a term ending August 31, 2005, to fill the unexpired term of Herbert Asplund, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
Before reading the next Resolution regarding the SWEPT program, Councillor Havens wanted it noted
*F. Resolution Regarding Funds Necessary to Restore SWEPT Program to Board of Education Budget
WHEREAS, the Board of Education has submitted a budget to the Town Council which calls for the elimination of the SWEPT Program; and
WHEREAS, the Board has given some indication that at least part of the reason for the elimination of the program is due to budget restraints; and
(Resolution Continued on Next Page)
ITEM:
17. F. (Continued)
WHEREAS, the Town may have additional funds available due to the recent reduction in the anticipated increase in trash collection fees resulting from the CRRA-Enron transaction losses; and
WHEREAS, the Town Council recognizes that it has no authority over specific line items in the Board of Education
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council requests the following information from the Board of Education to assist in the Council
Would the Board of Education reinstate the SWEPT Program in its current form if additional funds were provided in the Board
If the answer to Question No. 1 is
Was made by: Councillor Havens
Seconded by: Councillor Pelkey
Before a vote was taken, Councillor Havens asked Town Attorney Guliano to explain why this Resolution is worded as it is.
Atty. Guliano began by explaining to those who were not aware of this, that the Town Council had no
ITEM:
17. F. (Continued)
Under State Statute, he continued, the Town Council is to
Another thing the Town Council may not do, according to the Town Attorney, is to provide funds and then make them conditional upon certain things. He then gave the example of Council saying to the Board
Atty. Guliano went on to explain that what this Resolution was attempting to do was to at least get information from the Board of Education that might be helpful to the Town Council in setting the bottom line of the Board
Question #2, he continued, asks
Atty. Guliano also pointed out that the Board of Education is not required to respond to these requests.
Councillor Havens again asked for support for this Resolution.
Councillor Barbour, as liaison to the Board of Education, explained to the Town Council what had transpired at the BoardITEM:
17. F. (Continued)
Councillor Barbour said that the
Deputy Mayor Streeter then asked the Town Attorney if it was necessary to have a Resolution to ask budgetary questions of the Board? Atty. Guliano replied that it was not necessary to put it in this form. With this in mind, the Deputy Mayor did not feel that this Resolution was necessary; he also reminded Councillor Havens that the previous year, when Councillor Havens was then Deputy Mayor, the Council had
The Deputy Mayor stated that it was
Councillor Pelkey, addressing the Deputy Mayor
In conclusion, Councillor Pelkey stated that he felt putting the SWEPT program aside would compromise the Town
Councillor Delnicki requested that the
Mayor Aman said that this is why he would be voting against tonight
ITEM:
17. F. (Continued)
$2.3 million increase had already been given to the Board of Education; and he had a problem with a Resolution that specifically
After several more remarks by Members of the Town Council, Mayor Aman called for a vote on the Resolution. The Motion was defeated, on a Roll Call vote, 4 Nays, 2 Ayes, and 1 Abstention, as follows:
Councillor Barbour No
Councillor Burnham No
Councillor Havens Yes
Councillor Delnicki Abstained
Deputy Mayor Streeter No
Councillor Pelkey Yes
Mayor Aman No
G. Resolution Approving a Refund of Property Taxes to Fourteen (14) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fourteen (14) South Windsor taxpayers, said refunds totaling $11,204.13, and as shown on attached Exhibit A.
Was made by: Councillor Barbour
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
H. Resolution Authorizing the Execution of an Amended Agreement Between the Town of South Windsor and Linda V. Cloutier Regarding the Right-of-Way/Roadway Easement Pertaining to Felt Road to Include a Fourth Parcel Owned by Linda S. Driscoll
WHEREAS, the Town Council, at a Regular Meeting dated June 4, 2001, authorized the execution of a Right-of-Way/Roadway Easement and Maintenance Agreement between the Town of South Windsor and Linda V. Cloutier pertaining to access and use over and across the unimproved
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
portion of Felt Road running approximately 370 feet from its intersection with Palmer Drive to the southwesterly border of the premises owned by Cloutier at 103 Palmer Drive, South Windsor, Connecticut; and
WHEREAS, said Agreement authorized access and use by the three building lots comprising the subdivided Cloutier property; and
WHEREAS, said Agreement was executed between the Town and Linda V. Cloutier on April 2, 2002; and
WHEREAS, a request has been made by the owner of a fourth parcel owned by Linda S. Driscoll, which also requires access and use of this unimproved portion of Felt Road; and
WHEREAS, the Right-of-Way/Roadway Easement and Maintenance Agreement between the Town and Cloutier should be amended to include access and use by the property owned by Linda S. Driscoll, and Cloutier has no objection to said amendment, as noted in the letter from her attorney, Harold R. Cummings, dated April 9, 2002, appended hereto as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED that Town Manager Matthew B. Galligan is authorized to execute an amended Agreement between Linda V. Cloutier and the Town, whereby a fourth parcel owned by Linda S. Driscoll is included and Linda S. Driscoll is made a party to the Right-of-Way/Roadway Easement and Maintenance Agreement substantially in the form of the original Agreement, which is attached hereto as Exhibit C.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Barbour
Following a brief discussion, and a request to Council by the Town Attorney, Councillor Pelkey Moved to Table this Resolution; the Motion was immediately seconded; and was approved, unanimously.
ITEM:
18. Passage of Ordinance - None
19. Communications and Petitions from Council
20. Executive Session - None
21. Motion to Adjourn
A Motion to adjourn was made at 9:35 p.m.; was duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (1)
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