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Regular Meeting 3/18/02
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
ACTION MINUTES  Page 1  MARCH 18, 2002  

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

Members Present:        Mayor William Aman
                        Deputy Mayor Matthew Streeter
                        Councillor Paul Burnham
                        Councillor Deborah Fine
                        Councillor Lassman Fisher
                        Councillor Edward Havens
                        Councillor John Pelkey  
                
Members Absent: Councillor Barbara Barbour
                        Councillor Thomas Delnicki

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

Mayor Aman called the meeting to order at 8:20 p.m.

ITEM:

 5.    Public Input

Coming forward to address the Council was Janice Snyder, Vice Chairperson of the South Windsor Board of Education, and Event Coordinator for the 2002 Operation Graduation Event.  Ms. Snyder thanked the Town Council for their interest in, and generous contribution of $2,000 this year toward, this annual event following the High School Graduation.  

 6.     Environmental Health & Safety Message  -  None

7.     Adoption of Minutes of Previous Meetings  

Motion to accept the Minutes of the following Town Council meetings:  Regular Meeting of January 22, 2002; and Work Session of February 19, 2002.

8.     Public Petitions - None

ITEM:

9.     Communications from Officers and Boards Directly Responsible to Council

Mr. Tim Moriarity, 90 Skyline Drive, and a Member of the Patriotic Commission came forward to inform the Town Council that he had just learned this evening that a Patriotic Commission flyer regarding the Commission's Essay Contest and posted throughout the Town has an error in it.  Referring to the error, Mr. Moriarty pointed out that the flyer stated that a Prize Award of a $100 U.S. Savings Bond would be awarded
A discussion continued on how best to correct this misinformation, as soon as possible.  Mr. Moriarity said that the schools would be notified of the error; the old flyers removed; and new flyers with the correct information posted in all the same areas.  Councillor Fine suggested that the newspapers be asked to run a notice of the error, as well thus reaching a wider range of the residents.

10.     Communications and Reports from Town Manager

Town Manager Matthew Galligan reported on recent meetings he and Mayor Aman had attended regarding CRRA i.e., CCM, CRCOG, the State's Attorney General's Office; and with the special three-person panel appointed by Governor Rowland to oversee the State and municipal problems caused by the CRRA/Enron debacle.

Mr. Galligan informed the Council that they would be receiving their copy of the  General Government's Proposed 2002/2003 Budget in their packet on Friday, March 22.  

The realignment of Route 30, according to the Town Manager, is currently taking place.  King Construction, he said, has been awarded the Bid, and is currently doing survey work at the site.

On another matter, Mr. Galligan reported that he and the Mayor had recently attended a Economic Development Showcase at the Marriott in Farmington, Ct.  where they had set up South Windsor's economic development display; and where representatives from other municipalities were impressed with South Windsor's Strategic Planning program.

Mayor Aman added that he felt the biggest thing about attending an economic evening was not necessarily the direct contacts made there, but the fact that South Windsor was there, and by so being, demonstrated that South Windsor was welcoming development into Town.  

Councillor Pelkey remarked that he read in the newspaper where the Town of West Hartford had filed a class action suit against CRRA which included South Windsor as one of the Plaintiffs.  He asked if this subject was the reason for a call, this evening, for an Executive Session.  Mr. Galligan said it was.

Mayor Aman then asked for a Motion to bring Agenda Item 17. B. to the table at this time.  It was so moved by Councillor Pelkey; seconded by Councillor Burnham; and approved unanimously.

17.     B.  Discussion Item - Proposed Public Park, Open Space, and Facility Naming
                  Policy  (Open Space Task Force)

Patricia Botteron, Chairperson of the Open Space Task Force, reported on the Draft Policy that had been provided to the Town Council in its packet  (copy attached).  Following her summation of what the Policy contained, Ms. Botteron asked the Town Council for comments or questions.

A lengthy discussion followed, during which Councillor Havens and Councillor Lassman Fisher objected to the Task Force's perceived role in this report on the naming process.  Both expressed their appreciation for the time and effort taken by the Task Force to provide this draft; but objected, strongly, to any further role by the Task Force.  Both Councillors were of the opinion that the entire subject of the naming of public facilities after persons or companies, was of a very sensitive nature; and, as such, discussions on the subject should be conducted with that in mind.  Councillor Havens ended his comments by stating that he would not support the adoption of this Policy.

It was brought to Council's attention by the Task Force that it (the Town Council) had requested their involvement and recommendations on this subject; and that, the Policy before them was meant, only, as a guideline for the naming of public properties.  In no way, she concluded, did the Task Force wish to assume a role that rightfully belonged to the Town Council.   
ITEM:

11.     Reports from Standing Committees

Deputy Mayor Streeter informed the other Members of the Town Council that, as liaison, he had attended meetings of the Human Relations Commission; the Park and Recreation Commission; and the Public Building Commission.  He gave a brief report on each of these meetings.

12.     Reports of Temporary Committees - None

13.     Communications and Petitions from Council

Mayor Aman reiterated what Town Manager Galligan had said regarding their meetings on CRRA.  

Secondly, the Mayor informed the listening public that the monies mentioned for additional parking at the Community Center was not just in response to the parking problem with students from the High School.  Also, Mayor Aman said that these monies have been in the Town's Capital Projects Budget for some time to alleviate the parking problems, at various times, at the Community Center, Nevers Road Park, and because of baseball games being held in surrounding fields.  

Speaking to the Town Manager, Mayor Aman then referred to a letter received by the Councillors from a niece of the elderly resident of a home slated to be moved at Pleasant Valley Road and Clark Street.  The letter requested that the Town Council reconsider the moving of this home.  Mr. Galligan replied that he had already replied to the letter, explaining what was taking place.  He added that family members have been present at the P&Z meetings regarding this; and that the Town was working with the Department of Transportation to determine the best way to handle the situation.

A discussion then took place regarding Hartford
Councillor Pelkey also felt that the High School's production of West Side Story was most impressive
Councillor Havens referred to a Letter to the Editor in the Journal Inquirer, recently, about a local businessman offering a dumping location to South Windsor for its trash.  He asked the Town Manager what he knew about this.

Mr. Galligan replied that he had been sent the same letter; and, although no return address was included, managed to learn who the writer was.  Mr. Galligan said he did respond to the letter because the writer had indicated that South Windsor is to get free trash delivery.  The Town, according to the Town Manager, has nothing to do with that project and has spoken to no one about it, including officials of the Town of East Windsor.

Mayor Aman added that even if the offer was made to South Windsor, the Town is committed (by contract) to the year 2012 with CRRA to give them 100% of our trash.

14.     Public Participation - None

15.     Consent Agenda  -  None

16.     Unfinished Business

A.      Appointment of Mark Williams (R) to the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council appoints Mark Williams to the Park and Recreation Commission for a term ending November 30, 2003, to fill the unexpired term of Elaine Britz, and thanks Mr. Williams for his willingness to serve his community.

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


B.      Appointment of Herbert Asplund (R) as a Full Member of the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council appoints Herbert Asplund a Full Member of the Patriotic Commission for a term ending August 31, 2002, to fill the unexpired term of Harvey Fine, and thanks Mr. Asplund for his continued willingness to serve his community.

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

17.     New Business

A.      Acceptance of the Resignation of Thomas Hindson (D) from the Water Pollution Control Authority

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Thomas Hindson from the Water Pollution Control Authority, said resignation to be effective immediately; and thanks Mr. Hindson for the service he has devoted to his community.

Was made by:    Councillor Havens
Seconded by:            Deputy Mayor Streeter
The Motion was: Approved, unanimously


B.      Discussion Item - Proposed Public Park, Open Space, and Facility Naming Policy

(This item was moved up and covered earlier in this meeting.)


C.      Resolution Authorizing a Tax Assessment Agreement between The May Department Stores Company (d/b/a Filene
WHEREAS, the Town of South Windsor's Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to The May Department Stores (d/b/a Filene
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and The May Department Stores (d/b/a Filene
BE IT FURTHER RESOLVED that the South Windsor Town Council offers The May Department Stores (d/b/a Filene
Was made by:    Deputy Mayor Streeter
Seconded by:            Councillor Burnham

Councillor Pelkey moved to amend the last paragraph of this Resolution by inserting the word operational as follows:  and, (3) maintain its local facilities at a minimum of current operational levels during this five-year period;…………..

The Motion to Amend was seconded by Deputy Mayor Streeter, and approved, unanimously.

Mayor Aman then called for a vote on the amended Resolution.  It was approved, unanimously.

D.      Resolution Setting a Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2002/2003

BE IT RESOLVED that the South Windsor Town Council sets Monday, April 1, 2002, at 8:00 p.m., in the Council Chambers of the South Windsor Town Hal, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Proposed General Government budget for Fiscal Year 2002/2003.

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


E.      Resolution Setting a Time and Place for a Public Hearing on the Proposed Board of Education Budget for Fiscal Year 2002/2003

BE IT RESOLVED that the South Windsor Town Council sets Wednesday, April 10, 2002, at 7:30 p.m., in the Auditorium of the South Windsor High School 161 Nevers Road, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Proposed Board of Education Budget for Fiscal Year 2002/2003.

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

F.      Resolution Appropriating $1,149 from Fund Balance to Board of Education Budget for Fiscal Year 2001/2002

WHEREAS, it is the intention of the South Windsor Town Council, upon receipt of the Audited Financial Statement for Fiscal Year 2000/2001, to return any surplus attributed to the Board of Education in that Statement to the Board of Education under procedures outlined in the town Charter; and

WHEREAS, the Audited Financial Statement for Fiscal Year 2000/2001 attributes a surplus of $1,149 to the Board of Education

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the sum of $1,149 from Fund Balance to be appropriated to the Board of Education Budget for Fiscal Year 2001/2002.
A Motion was immediately made by Councillor Lassman Fisher to Table the Resolution.  The Motion was seconded by Councillor Havens, and approved, unanimously.)

18.     Passage of Ordinance - None

ITEM:

19.     Communications and Petitions from Council (Continued)
[This Agenda Item permits continued communications not covered under Item #13 due to time restraints.]

20.     Executive Session

        A Motion was made at 10:10 p.m. by Councillor Pelkey to go into Executive Session to discuss pending or potential claims regarding issues pertaining to CRRA; and, additionally, a matter concerning the DPUC.  The Motion was seconded by.Deputy Mayor Streeter; and approved, unanimously.

Town Attorney Guliano stated that the Town Council may be returning to public session following the Executive Session with respect to a Resolution as a result of the Executive Session.  

        The Executive Session was ended and the Regular Meeting reconvened at 10:25 p.m..

G.      Resolution Authorizing Mayor, Town Manager and Town Attorney to Act on Behalf of Town in Working in Concert With Other Towns and Municipal Organizations to Protect Town's Interests in Remedying Results of CRRA-Enron Deal

WHEREAS, the recent loss by CRRA of $220 million in its transactions with Enron Corporation which has filed for bankruptcy, has resulted in the request for substantial fee increases by CRRA of its municipal members; and

WHEREAS, municipal organizations, such as CCM and CCROG, have banded together with numerous affected municipalities, including South Windsor, to find a remedy to this situation and to protect the interests of the municipalities; and

WHEREAS, these organizations and Towns have been meeting with the Attorney General, the Governor's appointed panel, legislators and other individuals and entities to try to find political, legal and practical solutions to remedy this situation; and

WHEREAS, the Mayor, Town Manager and Town Attorney have been involved in these meetings and actions on behalf of the Town of South Windsor; and

WHEREAS, the interests of the municipalities have been broken down into four (4) major areas, being

Recovery of the $220 million;

Stopping, or substantially reducing, the fee increase recently authorized by CRRA as a result of these losses;

Holding CRRA accountable for its actions in the future and making CRRA more responsive to the needs and input of its municipal members; and

Requiring CRRA to mitigate its present losses to eliminate or minimize the need for a fee increase; and

WHEREAS, decisions affecting the Town of South Windsor may need to be made on an extremely expedited basis in taking actions to work in concert with these organizations and other municipalities, without sufficient time for bringing the issues to a meeting of the Town Council for approval.

NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes the Mayor, Town Manager and Town Attorney to take those actions on behalf of the Town and in concert with other municipalities and organizations outlined above, which the three of them deem appropriate and beneficial to the Town, where such actions relate to the four issues described above.

AND BE IT FURTHER RESOLVED that the Mayor, Town Manager and Town Attorney shall report back to the Town Council as soon as practicable thereafter, with the details of any actions so taken and the need for such actions on an expedited basis.


21.     Motion to Adjourn

A Motion to Adjourn was made at 10:35 p.m., duly seconded, and approved unanimously.


Respectfully submitted,


                                                
Patricia R. Brown
Clerk of the Council