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Regular Meeting 2/19/02
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  February 19, 2002

TOWN COUNCIL - Regular Meeting
Council Chambers - South Windsor Town Hall

Members Present:        Mayor William Aman (Arrived 8:10 p.m.)
        Deputy Mayor Matthew Streeter
Councillor Barbara Barbour
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Edward Havens
Councillor Marianne Lassman Fisher
Councillor John Pelkey

Members Absent: Councillor Deborah Fine

Also Present:   Town Manager Matthew B. Galligan
        Town Attorney Barry D. Guliano

The Meeting was called to order by Deputy Mayor Streeter at 8:05 p.m.

ITEM:

5.      Public Input

Marc Fleming, 107 Dart Hill Road, had the impression, from various forms of media, that the Town boards and commissions (especially the Board of Education and the Planning and Zoning Commission) are operating without necessary supervision.  Councillor Lassman Fisher explained that the Town Council does not have the authority to regulate the Board of Education.  They have their own powers.  Continuing, she said that the members of the Planning and Zoning Commission in South Windsor are elected, while in other towns they are appointed; and they have complete autonomy.  The Councillor said that the Town Council would not be able to do anything regarding his complaints against the Board of Education or the Planning and Zoning Commission.  

Mr. Fleming encouraged the Town Council members to listen to Chief Tyler because he is going to need the extra officers if economic development continues as it has.  

Dan Segal, a dentist at Westview Office Park and a resident of South Windsor, explained that he was the original tenant and has been at that location for fifteen years.  He noted that the amount of required spaces has increased dramatically, and it is a safety issue.  He requested the help of the Town.  

6.      Environmental Health & Safety Message - None

Adoption of Minutes of Previous Meetings - None

Public Petitions - None

Communications from Officers and Boards Directly Responsible to Council - None

Communications and Reports from Town Manager

Town Manager Galligan reported on the following:

Mr. Galligan noted that John Collins, South Windsor
The Town Manager has sent numerous letters out regarding the Connecticut Resource Recovery Authority (CRRA) pertaining to the Enron issue and the proposed increase in tipping fees.  The Town would be looking at an additional $200,000 in next year
He has talked with the Superintendent of Schools, and he was told that there is a Board of Education policy with regard to parking at the High School.  He explained that three years ago funds had been included in the budget for a sidewalk from Graham Road, along Ayers, down to Nevers Road.  It had been removed from the budget, however, due to other

10.     Communications and Reports from Town Manager (Continued)

priorities.  In reviewing possible solutions to this parking issue, Mr. Galligan stressed that the Board of Education needs to work with the Council since the Board is ultimately responsible for the students safety.

Comments were made by various Councillors with regard to the signs which had been posted along Collins Crossing.  There was discussion with regard to the suggestion that students pay a fee to park at the High School.  There was also discussion about the possible expansion of the parking lot at the Community Center.  Mr. Galligan said he would have the Public Works Department check into the cost of such an expansion and he would report to the Councillors prior to the next meeting.  

Discussion then turned to the issues involving the Connecticut Resource Recovery Authority (CRRA).  Mr. Galligan said that proposals are being examined where other vendors may take the Town
Councillor Delnicki then questioned the status of the Cox Cable generator siting issue, and Atty. Guliano said that he had been instructed by the Council to meet with Cox Cable.  He said a meeting is scheduled for March 1.  

Reports from Standing Committees - None

Reports of Temporary Committees - None

Communications and Petitions from Council

Councillor Barbour reported on a Board of Education meeting which she had attended as Liaison to the Board.

Noting that the Mass Transit and Highway Advisory Commission had not met in five years, Councillor Burnham suggested that the Council may wish to involve this group in discussions concerning Governor
13.     Communications and Petitions from Council

Councillor Havens requested that a meeting of the Space Needs Committee be called in the near future.

Public Participation

Jennifer Rowley, 80 McGrath Road, said students felt as if they were not treated with the same respect as other residents.  She asked whether the Duprey Field would be open for parking following the February vacation.  Mr. Galligan said the plan was to have Public Works put processed stone down in an area for 50 to 60 spaces at the Community Center.  

Marc Fleming, 107 Dart Hill Road, questioned why the Council was spending time on an issue (parking at the High School) if it was something under the purview of the Board of Education.

Kimberly Silverman, 70 Sunset Terrace, felt it is a luxury, rather than a right
Craig Zimmerman, 5-A Amato Drive, provided an update from the Park and Recreation Commission regarding the Master Plan.  They would like to attend a Work Session in late March to follow up.  He also noted that the Commission was in support of the Resolution for the transfer of funds for the grand opening of the pool at VMP.

Consent Agenda

Motion to approve Agenda Item 17. A. as the Consent Agenda.

Made by:                        Councillor Pelkey
Seconded by:            Deputy Mayor Streeter
The Motion was:         Approved, unanimously

Unfinished Business

A.      Resolution Authorizing the Town Manager to Execute a Partial Release of a Conservation Easement at Westview Office Park.

WHEREAS, the owners of Westview Office Park are requesting a partial release of a Conservation Easement on their property at Westview Office Park to allow them to provide fifteen (15) new parking spaces at the northerly end of the site, all of which are along the property
WHEREAS, a Public Hearing was scheduled on this request, pursuant to the Town of South Windsor
WHEREAS, a Public Hearing was conducted on January 7, 2002, at which the public and the Planning and Zoning Commission and the Inland/Wetlands Agency were given an opportunity to provide input to the Town Council;

NOW, THEREFORE, BE IT RESOLVED that pursuant to said Ordinance, the South Windsor Town Council hereby authorizes the Town Manager to execute a partial release of the Conservation Easement, as requested, in a form to be approved by the Town Attorney.

Made by:                        Deputy Mayor Streeter
Seconded by:            Councillor Delnicki

A motion was made by Deputy Mayor Streeter to amend the Resolution by adding the following at the end of the Resolution:

BE IT FURTHER RESOLVED that the Town Council grant the request for the partial release and that the approval be conditioned on the following:  1) That there shall not be a signed agreement subject to approval by the Planning and Zoning Commission and any other applicable Town board or commission of the site plan and issues surrounding the project to construct the additional 15 parking spaces; and 2) the Town obtaining an appraisal, with the cost to be borne by the applicants, to determine the value of the partial easement being released; and if the value is greater than $25,000, a referendum on the issue would be required.

The motion to amend was seconded and the amendment was unanimously approved.

Patricia Conrad, 864 Strong Road, indicated that the whole issue twenty years ago related to the parking spaces.  She said the Town did sell the land.  It was the Town Council that asked for the conservation easement; and it was Planning & Zoning that made up the rules.  She said they were very specific with regard to the
Deputy Mayor Streeter noted that during the original discussions, the Town Planner at that time (Peter DeMallie) had said that the number of spaces was less than that for which they could have applied.  He also said that the architect, Mr. Gregory Montana, had felt that the 58 original parking spaces were adequate for an 11,500 square foot office building and no one had a problem with that at that time.  In the early 90's, when they were discussing the possibility of another building, they said it would be the correct zone.  If there was another building, there would have been additional parking.  

Mrs. Conrad said that the people in the building knew the restrictions on the land when they came in.  She reiterated that this issue is not new; it has come up repeatedly.  

Mayor Aman noted that he would be abstaining from a vote due to the fact that he has a conservation easement on his property.

The Amended Resolution was approved on a Roll Call vote, 7 Ayes and 1 Abstention, as follows:

Councillor Barbour                      Yes
Councillor Burnham                      Yes
Councillor Havens                               Yes
Councillor Delnicki                     Yes
Councillor Lassman Fisher               Yes
Deputy Mayor Streeter                   Yes
Councillor Pelkey                               Yes
Mayor Aman                              Abstain

New Business

*A.     Resolution Setting a Time and Place for a Public Hearing on a Proposed Amendment to Ordinance #139
(APPROVED BY CONSENT AGENDA)

17.     B.      Resolution Approving the Refund of Property Taxes to Twenty (20) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to Twenty (20) South Windsor taxpayers, said refund totaling $10,973.51 and as shown on attached Exhibit B.

Made by:                        Councillor Burnham
Seconded by:            Councillor Barbour
The Motion was:         Approved, unanimously

C.      Resolution Approving the Transfer of $15,000 from Contingency Account to Town Attorney
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $15,000 from Contingency Account Number 1910-9001-390 to the Town Attorney
Made by:                        Councillor Barbour
Seconded by:            Councillor Delnicki

Attorney Guliano noted that $25,000 had been budgeted for the Town Attorneyexpenses.  

Mayor Aman noted that the account would be in
The Motion Was:         Approved, unanimously

17.     D.      Resolution Approving the Transfer of $13,551.60 from Contingency Account to 2001/2002 Recreation Administration Budget Account for Costs Associated with the Grand Opening of Pool at VMP

(The following is the Resolution as it was presented in the Agenda for this meeting.)

WHEREAS, the newly renovated pool at Veterans
WHEREAS, the Town wishes to commemorate this great event with a season-long Grand Opening celebration which will begin June 8, 2002 and will continue each weekend through August 31, 2002; and

WHEREAS, the total estimated costs associated with the celebration are $30,365 of which $13,551.60 is related to the expenses for four (4) weekends in June 2002, and $8,417 is associated with the remaining weekends that occur after July 1, 2002;

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $13,551.60 from Contingency Account Number 1920-9001-390 to Recreation Administration Professional Account Number 1511-5112-320 to cover the Fiscal Year 2001-2002 costs associated with the Grand Opening of the Pool at Veterans
The following Amended Resolution was read into the record by Councillor Pelkey:

D.      Resolution Approving the Transfer of $13,551.60 from Contingency Account to 2001/2002 Recreation Administration Budget Account for Costs Associated with the Grand Opening of Pool at VMP

WHEREAS, the newly renovated pool at Veterans
WHEREAS, the Town wishes to commemorate this great event with a season-long Grand Opening celebration which will begin June 8, 2002 and will continue each weekend through August 31, 2002; and

WHEREAS, the total estimated costs associated with the celebration are $15,551.60 of which $13,551.60 is related to the expenses for two (2) weekends in June, 2002, and $2,000 is associated with the remaining weekends that occur after July 1, 2002;

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $13,551.60 from Contingency Account Number 1920-9001-390 to Recreation Administration Professional Account Number 1511-5112-320 to cover the Fiscal Year 2001-2002 costs associated with the Grand Opening of the Pool at Veterans
Seconded by:            Councillor Barbour

Michael McCarty, Assistant Recreation Director, stated that this is a great opportunity to celebrate the opening.  He said the revenue figures have increased, and they have proven as a recreation department that they can be very successful in a special revenue fund.  They are still looking for sponsors.  

Mr. Galligan noted that, in a prior proposal, hot dogs were going to be given out.  They are now going to be sold for $2.50 each, with that revenue going into the General Fund.  He felt that the net cost of the event would be approximately $3,600.

It was noted that the pool will open on the 8th, but the grand opening is scheduled for the 15th and 16th.  This will give them a chance to
Although firmly supporting recreation, Councillor Havens said he could not support this because there are too many other needs in the community.  Similar sentiments were expressed by Councillors Burnham and Pelkey.

Mr. McCarty, noting that the largest expense is the staffing cost, said they did not want to have to turn people away on the grand opening day.  The reason they are anticipating such a large crowd is because it gives residents an opportunity to get into the park without buying a pass to get in.  This is their one opportunity to utilize the facility for free.  

Deputy Mayor Streeter was willing to support the Resolution; however, he said if the number does not come down, then he would not be in favor of the $2,000 in the next budget.  

Staffing of the event, as well as safety issues were discussed.  Mr. Galligan emphasized that the
Mr. McCarty was confident that they would be able to secure further sponsors, but he felt it would be beneficial to indicate that they had the support of the Council.  Additionally, the Park & Recreation brochure which is a way to promote this opening season is due to be mailed on March 8th; and they would like to include details in that brochure.  

Mr. McCarty explained that they anticipate a capacity crowd of 1,500 at any given time throughout both days.  On a normal 4th of July, attendance is 1,500.  

Councillor Lassman Fisher moved to amend the above motion so that the last paragraph would read as follows:

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $5,000 from Contingency Account Number 1920-9001-390 to Recreation Administration Professional Account Number 1511-5112-320 to cover the Fiscal Year 2001-2002 costs associated with the Grand Opening of the Pool at Veterans
The motion to amend was seconded by Councillor Havens.  

Mayor Aman questioned the $2,000 listed in the Resolution, which are for expenses which would occur in the next budget.  Atty. Guliano said that they were listed as part of the explanation.  The only thing being authorized, with the amendment, was $5,000.  The $2,000 expenses would then have to be put in the upcoming budget.

The amendment to the amended Resolution was approved on a Roll Call vote, 7 Ayes and 1 Nay, as follows:

Councillor Barbour                      Yes
Councillor Burnham                      Yes
Councillor Havens                               Yes
Councillor Delnicki                     Yes
Councillor Lassman Fisher               Yes
Deputy Mayor Streeter                   No
Councillor Pelkey                               Yes
Mayor Aman                              Yes

The amended Resolution (with amendment) was approved unanimously.

17.     E.      Resolution Authorizing the Town Manager to Seek Request for Proposals for Legal Services, a Feasibility Study, and Accounting Services, as Necessary, to Study the Method of Financing and the Economic Viability of a Town Recreational Center

WHEREAS, the Town Manager has submitted to the South Windsor Town Council a Business plan for a Recreation Center; and

WHEREAS, the plan has substantial information concerning financing options, market information, and financial data for the proposed project; and

WHEREAS, the South Windsor Town Council, before going further with this project, needs to determine its viability and obtain answers to legal issues surrounding this project;

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to request proposals to obtain legal, accounting and/or other professional services to assist in examining all options for the financing, construction and operation of a Recreational Center, to be an indoor facility constructed in accordance with the Town of South Windsor Business Plan; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to request proposals to obtain a Feasibility Study to be conducted by a recognized individual or company to provide reasonable projections of the project
Made by:                        Councillor Lassman Fisher
Seconded by:            Councillor Pelkey

Mayor Aman said that this Resolution authorizes the Town Manager to get proposals in order to determine costs; no money was being involved at this point.  

The Motion Was:         Approved, unanimously

17.     F.      Resolution Requesting that Connecticut Transit Company Continue L Bus Route With Service Along Ellington Road to Buckland Road at Town Center and to the Manchester Mall

WHEREAS, the Town Council realizes the need for public transportation for citizens who have no other mode of transportation; and

WHEREAS, the change in service by Connecticut Transit Company has eliminated any bus service on Ellington Road; and

WHEREAS, there are residents of South Windsor who used this service when it was available;

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby requests that the Connecticut Transit Company consider changing the route to use Ellington Road by way of Chapel Road in order to serve members of the public along Ellington Road who have been accustomed to such service.

Made by:                Councillor Delnicki
Seconded by:    Deputy Mayor Streeter

It was Councillor Pelkey
The Resolution was approved on a Roll Call vote, 7 Ayes and 1 Nay, as follows:

Councillor Barbour                      Yes
Councillor Burnham                      Yes
Councillor Havens                               Yes
Councillor Delnicki                     Yes
Councillor Lassman Fisher               Yes
Deputy Mayor Streeter                   Yes
Councillor Pelkey                               No
Mayor Aman                              Yes


18.     Passage of Ordinance - None

19.     Communications and Petitions from Council (Continued)

Councillor Havens reminded the Council about the Rotary Auction.

Councillor Lassman Fisher, returning once again to the issue of parking at the high school, asked Mr. Galligan if he anticipated having the area near the Community Center available when students return from vacation the following Monday.  Mr. Galligan said he would ask the Director of Public Works if it could be done right away.  The Councillor asked that an article be run in the newspaper, and that the Superintendent of Schools makes an announcement, informing the students of the parking area.

Executive Session

A motion was made by Councillor Pelkey at 10:50 p.m. to go into Executive Session to discuss the possibility of entering into negotiations for a parcel of land.  The motion was duly seconded by Councillor Delnicki and was unanimously approved.

Adjournment

The meeting adjourned immediately following the Executive Session.


Respectfully submitted,


                                                
Merlyn P. Guild
Assistant to the Clerk of the Council

Attachments