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TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 JUNE 3, 2002
TOWN COUNCIL - Regular Meeting
Council Chambers - South Windsor Town Hall
Members Present: Mayor William Aman
Deputy Mayor Matthew Streeter (Arriv. At 9:00 p.m.)
Councillor Barbara Barbour
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Lassman Fisher
Councillor Edward Havens
Councillor John Pelkey
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Prior to calling the Regular Meeting to order, Mayor Aman read a Proclamation naming Frank Niederwerfer Member Emeritus of the South Windsor Agricultural Land Preservation Advisory Commission. (See attached copy of Proclamation.)
At 8:30 p.m., Mayor Aman called the meeting to order.
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to adopt the Minutes of the following Town Council meetings: Budget Work Session of April 15, 2002; Budget Work Session of April 22, 2002; and Special Meeting of April 22, 2002.
Was made by: Councillor Lassman Fisher
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Reporting for the Park and Recreation Commission was its Chairman, Craig Zimmerman, who came forward to discuss a summary of the Town Council's questions with regard to the proposed Master Plan and cost estimates provided by the Commission relating to different phases of the Plan.
Councillor Havens suggested adding Lawrence Road property to the Public Hearing Notices. He felt it was equally, if not more, important that this particular parcel be addressed; and felt that the most comments from the public would come in association with Lawrence Road.
Mayor Aman asked Councillor Delnicki to amend Agenda Item 17. M. to include this parcel.
Also speaking from the audience was Mark Glass, President of South Windsor's Soccer Club, who spoke of Grant possibilities and the lease of the Lawrence Road property for soccer fields.
A lengthy discussion ensued regarding the Lawrence Road property, its possible uses, and the Referendum Question, in general.
10. Communications and Reports from the Town Manager
Town Manager Matthew Galligan reported on the following:
The newly appointed Board of Directors for CRRA; and the fact that the tipping fee remains, to date, at $6.00 per ton.
The State's requirement that every municipality have an EMS Plan. Mr. Galligan said the Town has a Committee has been working on this Plan for the past seven or eight months. This Committee, he continued, is comprised of himself, the Chiefs of Police and Fire, the Ambulance Corps President; and Fred Shaw, the Town's Superintendent of Pollution Control.
ITEM:
10. Communications and Reports from the Town Manager (Continued)
A meeting of the Town's Audit Committee, and its efforts to resolve the issue of the Tax Abatement Policy for the Town's Volunteer Fire and Ambulance personnel.
Discussions with Wood Memorial Library personnel regarding the development of a Cultural Arts Center in that area, and in conjunction with their planned renovation project to expand their services. He pointed out that Union School needed attention; and that some type of Complex including both buildings should be considered.
Work toward a Regional Dispatch Center continues; and, presently, the cost for each Town involved would be about $5,000. However, a final figure is yet to be determined.
The Park and Recreation Commission's continuing and enthusiastic work toward the possibility of a Referendum Question for November 2002. The Town Manager suggested this be voted on in September; and, if the Public Building Commission is to be involved, there should be some type of endorsement from them coming forward this June.
The Town Manager then asked Ray Favreau to make a brief announcement informing Council of the Grand Opening ceremonies for the newly renovated Veterans Memorial Park and Pool
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Havens asked the Town Manager to speak, again, with Jacqueline Labrecque on High Tower Drive about her sinking yard. The Councillor also expressed his disappointment with the fact that the Owner of the old Post Office Building had refused the Town's offer to buy. He asked that the Town contact the owner again regarding this, because he felt that the need for more space was becoming crucial.
Deputy Mayor Streeter reported on the tree dedication for former Director of the Chamber of Commerce Arthur Bisson, who passed away within the past year.
Councillor Pelkey reported on the Grand Opening of a new establishment called The Mixers at the site of the former Getaway.
Councillor Lassman Fisher also reported that she had attended the last meeting of the fuel cell group. Continuing, she said that even as she spoke, the fuel cell pad was being placed at the High School; and as soon as this was readied, the fuel cell would be lowered onto the pad.
Mayor Aman spoke of the Memorial Day Parade this year and the giant step forward it had taken this year. More marchers and observers along the way turned this into a major community event.
The Mayor also mentioned the grand opening of Pride and Groom in its own home after nine (9) years of its presence in Town in another location.
At this point, Councillor Pelkey asked to move Agenda Item 17. C. up to this point on the Agenda. The Motion was seconded by Councillor Delnicki; and approved, unanimously.
17. New Business
C. Discussion Item - Street Light Reimbursement to Common Area Developments
Town Manager Galligan reported that he had the Police Department go around and identify the number of lights in each common area development. Following this, he reported that he intended to apply the same criteria to street lights in common area developments (CADs) as is being applied to street lights on Town roads.
According to the Town Manager, the total number of lights counted in these areas is 493; and what was being proposed was to reimburse these CADs, at a rate being charged the Town by CL&P of anywhere between $7 and $10 per light, per month.
Mr. Galligan said he felt that program was fair; that is what the Town is charged for its streetlights. The reimbursement program, he estimated, would total approximately $50,000 per year; and the first reimbursements would be for the entire past Fiscal Year because that's when the Town Council had approved this program; and hereafter, reimbursements would be paid to these Common Area Developments on a quarterly basis.
If there were no Council objections, Mr. Galligan said he would put this plan into motion tomorrow, June 4.
Councillor Barbour reminded the Town Manager that he had indicated, previously, that he would look into the possibility and cost effectiveness of the Town taking ownership of these common area development street lights, and including them with the rest of the Town's street lights. She asked if this had ever been done.
Mr. Galligan replied that this has been reviewed; and, in spite of the fact that CCM was endorsing this program, it was being discovered that the maintenance of these lights, and keeping up with the ever-changing state of the art equipment for them was turning out to be costly. Presently, he added, CL&P would like to relight our entire Town by bringing in new heads.
The amount presently in the Town's budget for lighting, according to Mr. Galligan, is approximately $323,000. The Town, he continued, would have to spend around $180,000 to purchase the CAD lights however, the Town would then have to maintain them; and this, he added, could be costly considering the fact that every time CL&P's linemen came in to repair the light or even change a bulb, a fee is charged by CL&P. When you add in those fees, or have the expense of employing an outside electrician, he estimated you could end up with the same budgetary constraints as before.
Councillor Delnicki reminded the Town Manager that he had requested, a few meetings ago, that the Manager look into the cost of Town staff maintaining these lights. He asked if this had been done, in light of the fact that, by State law, municipal employees are allowed to do this work.
According to the Town Manager, most electrical companies have their maintenance fees based on what time of day they are called out therefore, it is difficult to put a budgetary figure to the annual cost of this type of maintenance, and it could vary greatly from year to year.
Mayor Aman then asked the Town Council for a consensus that the proposal put forth by the Town Manager was something they wished to endorse. (The Mayor then noted a nodding of the heads which told him that Council wished him to go forward on the path he was presently, and send out the checks.)
Mr. Galligan then confirmed that he would be sending out a letter to all of the associations to let them know what was coming and make them aware of the criteria.
(The Town Council then returned to the normal order of business
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Appointment of J. Paul Oats (R) as an Alternate to the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints J. Paul Oats as an Alternate to the Zoning Board of Appeals for a term ending November 30, 2003, and hereby tables the same.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
B. Resolution Naming Frank Niederwerfer as Member Emeritus of the South Windsor Agricultural Land Preservation Advisory Commission and Authorizing the South Windsor Town Council to Fill the Full-Member Position Previously Held by Frank Niederwerfer
WHEREAS, Frank Niederwerfer has dedicated much of his life to maintaining and enhancing the quality of life for the citizens of South Windsor through the preservation of agricultural land and the conservation of resources; and
WHEREAS, Mr. Niederwerfer, as further testimony to this dedication, was instrumental in the formation of the South Windsor Agricultural Land Preservation Advisory Commission (SWALPAC)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby names Frank Niederwerfer as Member Emeritus of the South Windsor Agricultural Land Preservation Advisory Commission; and
BE IT FURTHER RESOLVED that the Town Council shall fill the full-member position on this Commission, previously held by Mr. Niederwerfer, through the normal appointment process.
Was made by: Councillor Delnicki
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
C. Discussion Item Street Light Reimbursement to Common Area Developments
(This item was addressed earlier in the meeting; and is covered on pages 4, 5, and 6 of these Action Minutes.)
D. Resolution Approving the Appropriation of $181,680 of Excess Bond Funds for the Construction of a Salt Mixing and Storage Shed
WHEREAS, the Library Expansion project was funded with bond proceeds; and
WHEREAS, not all of the bond proceeds were required to complete the Library Expansion project; and
WHEREAS, the Town's Capital Improvement Plan includes the construction of a Salt Mixing and Storage Shed at the Town Garage
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby appropriates $181,680 for the construction of a Salt Mixing and Storage Shed at the Town Garage and funds said project with excess bond proceeds from the close-out of the Library Expansion project.
Was made by: Councillor Havens
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
E. Resolution Approving the Transfer of $11,620 from the Thermal Imaging Camera Project Account to the Capital and Non-Recurring Expenditures Account
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $11,620 from the completed Thermal Imaging Camera Project Account #4000-4517-320 to Capital and Non-Recurring Expenditures Account #4200-4201-320.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
F. Resolution Approving an Amendment to the Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members for Fiscal Years 2002/2003 and 2003/2004
BE IT RESOLVED that the South Windsor Town Council hereby approves an amended version of the Death Benefit requirements as contained on Page 2 of the Town of South Windsor's Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members for Fiscal Years 2002/2003 and 2003/2004, and as shown in the highlighted portion of attached Exhibit A.
Was made by: Councillor Fine
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
G. Resolution Amending the Town of South Windsor's Defined Benefit Pension Plan
BE IT RESOLVED that the South Windsor Town Council hereby approves a change in the requirements for vesting purposes contained in the Town of South Windsor's Defined Benefit Pension Plan, for members of the Library Group, from ten (10) years to five (5) years.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
H. Discussion Item: Town's Conservation & Development Plan
Mayor Aman reminded the listening audience that the Public Hearing regarding this had been held earlier this evening; and a Resolution was on this evening's Agenda. He asked if there was any comments from the Town Councillors regarding the Plan and how the Council should proceed.
He then reminded the Council that he had already mentioned during the Public Hearing that it might be easier for the Councillors to present their comments and concerns, in writing, and in a few sentences to the Clerk of the Council; after which, the Mayor would combine this information and forward it in a letter to the Planning and Zoning Commission stating that the Town Council had reviewed the Plan, and these were their comments and concerns with regard to it.
When asked by a Councillor what the timeline was for this input, Mayor Aman replied as soon as possible; that P&Z's Public Hearing would be on June 25, and he would like this information prior to June 17th so that it could be discussed at that Town Council meeting.
Councillor Lassman Fisher referred to Mr. Joseph Carino's comments during the earlier Public Hearing on this subject. She concurred with his observations particularly those suggesting sewers rather than septic systems wherever possibleand agreed with the Mayor's suggestion that, Mr. Carino's comments be made a part of this record by their inclusion as an attachment with these Minutes. (A copy of the June 3, 2002 Public Hearing Minutes regarding the Town Plan of Conservation and Development are attached hereto as Exhibit C. See pages 2 and 3.)
Councillor Fine asked the Mayor to be certain to make it clear in this letter that Council's comments, etc. are, in no way, to be construed by P&Z as approval of the Plan.
I. Resolution Approving the Spending of $46,381.87 of Prior Year Encumbrances for Purposes Other than Those Originally Intended
(Councillor Barbour)
WHEREAS, the South Windsor Board of Education had $604,585.88 encumbered at the end of 2000/2001 Fiscal Year; and
WHEREAS, the South Windsor Board of Education has stated that $46,381.87 of the 2000/2001 encumbrance is not needed for its originally intended purpose
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Board of Education to spend the $46,381.87 in the current Fiscal Year for purposes other than those originally intended.
Was made by: Councillor Barbour
Seconded by: Councillor Delnicki
Following a lengthy discussion regarding the fiscal year stipulated in this Resolution, the Motion was approved 8 Ayes to 1 Nay, on a Roll Call vote, as follows:
Councillor Burnham No
Councillor Barbour Yes
Councillor Fine Yes
Councillor Havens Yes
Councillor Delnicki Yes
Councillor Lassman Fisher Yes
Deputy Mayor Streeter Yes
Councillor Pelkey Yes
Mayor Aman Yes
J. Resolution Approving the Transfer of $58,000 from Contingency Account for an Abatement Program for Volunteer Fire and Ambulance Corps Personnel in the 2002/2003 Fiscal Year
WHEREAS, the Town of South Windsor intends to revise or modify the tax abatement plan for South Windsor Volunteer Fire and Ambulance Personnel created by Ordinance No. 158 so that said plan carries out the intent of the original tax abatement program without the tax consequences created by an IRS tax ruling; and
WHEREAS, the South Windsor Town Council wishes to set aside funds in the 2002/2003 fiscal year in order to fund a revised plan as soon as one can be developed
NOW, THEREFORE, BE IT RESOLVED that effective July 1, 2002 the South Windsor Town Council establishes the Volunteer Abatement Account Number 001-0300-0205-718, in the Town
BE IT FURTHER RESOLVED that effective July 1, 2002, the South Windsor Town Council hereby approves a transfer of $58,000 from the Contingency Account Number 1910-9001-390 to the newly established Volunteer Abatement Account.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Streeter
(Councillor Fine removed herself from participation in either the discussion, or vote, on Agenda Item 17. J. because of a conflict of interest.)
A lengthy discussion ensued regarding Councillor Lassman Fisher's expressed desire to see a separate Certified Public Accountant hired to represent the Volunteer Fire and Ambulance personnel in this matter; and who would investigate the possibility of their being another measure that could be taken on behalf of these volunteers with regard to this tax abatement program.
It was pointed out by various Members of the Council, and the Town Manager, that the Internal Revenue Service, the Town's Bonding Counsel Robinson & Cole, and the Town's Auditor had all stated that the IRS Ruling regarding the Town's tax abatement Plan constituted wages paid to these individuals, and, thus had created tax consequences for the Volunteers therefore, a revised Plan was now necessary. However, Councillor Lassman Fisher continued to believe that these Volunteers needed their own accountant to strictly represent their interests in this matter.
The Mayor then called for a vote. The Resolution was approved 8 Ayes to 1 Abstention by Councillor Fine.
K. Resolution Setting a Time and Place for a Public Hearing to Amend Section 14-31(b) of the Town Code of Ordinances Regarding the Certificate of Occupancy Fee
BE IT RESOLVED that the South Windsor Town Council sets Monday, June 17, 2002, at 7:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on a proposed amendment to Section 14-31(b) of the Town Code of Ordinances regarding Certificate of Occupancy fees, a copy of which amendment will be on file in the office of the Town Clerk prior to the Public Hearing.
Was made by: Councillor Lassman Fisher
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
L. Resolution Setting a Time and Place for a Public Hearing Regarding an Amendment to the Drain Layers Permit and Inspection Fee
BE IT RESOLVED that the South Windsor Town Council sets Monday, June 17, 2002, at 7:10 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, as the time and place for a Public Hearing to receive citizen input on a proposed Resolution amending the Drain Layers Permit and Inspection fee, a copy of which will be on file in the Office of the Town Clerk prior to the Public Hearing.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
M. Resolution Setting a Time and Place for a Public Hearing Regarding the Use of the Barton Property on Brookfield Street for the Purpose of Building Athletic Fields
BE IT RESOLVED that the South Windsor Town Council sets Monday, June 17, 2002, at 7:20 p.m., in the Council Chambers of the South Windsor town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the use of the Barton Property (Brookfield Street) for the purpose of building athletic fields.
Was made by: Councillor Pelkey
Seconded by: Councillor Delnicki
Prior to a vote, Councillor Delnicki moved to amend (as shown in dark print) the Resolution to read as follows:
BE IT RESOLVED that the South Windsor Town Council sets Monday, June 17, 2002, at 7:20 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on (1) the use of the Barton Property (Brookfield Street) for the purpose of building athletic fields; and (2) improvements to Nevers Road Park as proposed by the Park and Recreation Commission revisions to the Park and Recreation Master Plan; and,
BE IT FURTHER RESOLVED that the South Windsor Town Council sets Monday, June 24, 2002, at 7:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and jplace for a Public Hearing to receive citizen input on the use of the Lawrence Road Property for the purpose of building athelitic fields.
The Motion to amend was seconded by Councillor Pelkey. Mayor Aman called for a vote on the Amendment. It was approved, unanimously. The Mayor then called for a vote on the Amended Resolution. It, too, was approved, unanimously.
N. Resolution Approving the Refund of Property Taxes to Eight (8) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves the refund of property taxes to eight (8) South Windsor taxpayers, said refunds totaling $1,945.83, and as shown on attached Exhibit B.
Was made by: Councillor Lassman Fisher
Seconded by: Deputy Mayor Streeter
The Motion was: Approved, unanimously
O. Resolution Requesting Public Building Commission Expertise and Involvement and a Coordination of Efforts with the Park and Recreation Commission, and the Town
WHEREAS, the Park and Recreation Commission and the Recreation Department of the Town have been working on a project expanding recreation facilities and developing new capabilities, in the wake of the failed referendum of November 2001; and
WHEREAS, architects and related professional services were retained to work on the original project and are now working on recreational enhancements within the resources currently available; and
WHEREAS, the experience and expertise of the Public Building Commission in establishing reasonable project timelines, managing resources, arranging priorities, evaluating professional services and needs, assessing and prioritizing a variety of needs and desires, and managing project budgets can be used to advantage to move ahead on the goals of the original project, as funds permit;
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council requests the Public Building Commission to work with the Park and Recreation Commission and the Recreation Department in this effort, utilizing its expertise and following practices detailed in its Operating Procedures and Rules of Order adopted 2/6/02, and in the Procurement Procedures for Construction Contracts and for Selection of Engineering and Architectural Services adopted by the Town Council 12/15/97; and
BE IT FURTHER RESOLVED that Volmer Associates, who was hired by the Town Council as the Consultant on this project, continue to be retained, and will now work with, and report to, the Public Building Commission
BE IT FURTHER RESOLVED that, in the event these projects do commence construction, the Town
Was made by: Councillor Burnham
Seconded by: Councillor Barbour
(The Mayor asked for a Motion to extend this evening's meeting extended beyond 11:00 p.m. in order to take care of Agenda Items 17. O; and 18. A. It was so moved, seconded, and approved unanimously.)
Following a lengthy discussion of this issue, the Mayor asked if anyone in the audience wished to speak. Craig Zimmerman, Chairman of the Park and Recreation Commission and Jim Snow, one of the Commission's Members, spoke at this time.
A Motion to Table until such time as the Plan passes Referendum was then made by Councillor Fine. The Motion was seconded by Councillor Lassman Fisher; and was approved 5 Ayes to 4 Nays, on a Roll Call vote, as follows:
Councillor Barbour No
Councillor Fine Yes
Councillor Burnham No
Councillor Havens Yes
Councillor Delnicki No
Councillor Lassman Fisher Yes
Deputy Mayor Streeter Yes
Councillor Pelkey Yes
Mayor Aman No
18. Passage of Ordinance
A. Resolution Repealing Ordinance #158 Regarding Tax Abatements for South Windsor Volunteer Fire and Ambulance Personnel in Light of a Recent Ruling by the Internal Revenue Service Until Such Time as Said Ordinance Can be Reinstated in a Revised Form
(Councillor Delnicki)
WHEREAS, Ordinance No. 158 regarding a tax abatement for South Windsor Volunteer Fire and Ambulance Personnel was adopted by the Town Council at its Regular Meeting of September 21, 1999, pursuant to an abatement program established by the State Legislature by Public Act No. 99-272; and
WHEREAS, the Town has acted under this Ordinance in providing tax abatements to South Windsor Volunteer Fire and Ambulance Personnel over the last several years; and
WHEREAS, the Internal Revenue Service (IRS) has recently issued a tax ruling determining that tax abatement programs such as the one created by Ordinance No. 158 are now taxable, requiring the personnel receiving the tax abatement to pay taxes on that amount and requiring the Town of South Windsor to withhold taxes and FICA from such payments; and
WHEREAS, there are numerous efforts throughout the State to revise the tax abatement statute and/or tax abatement ordinances, or to create similar programs which would not be taxable to the personnel or require the Town to pay FICA and withhold taxes pursuant to the IRS directive; and
WHEREAS, it is the intent of the South Windsor Town Council to revise and reinstate Ordinance No. 158 as soon as possible during the fiscal year 2002-2003, as soon as a new program can be developed which carries out the intent of the original tax abatement program without the tax consequences created by the new IRS tax ruling; and
WHEREAS, a committee has been created by the South Windsor Town Council, charged with the task of recommending revisions to the tax abatement program created by Ordinance No. 158 so that the intent of the original tax abatement program may be carried out without the tax consequences created by the new IRS ruling; and
WHEREAS, the original Ordinance No. 158 must be repealed prior to July 1, 2002 to avoid the tax consequences resulting from the new IRS tax ruling.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby repeals Ordinance No. 158 regarding tax abatements for South Windsor Volunteer Fire and Ambulance Personnel, in light of the recent ruling by the Internal Revenue Service, until such time as said Ordinance can be reinstated in a revised form, a copy of said Ordinance being on file in the Town Clerk
Was made by: Councillor Delnicki
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
21. Motion to Adjourn
A Motion to adjourn was made at 11:20 p.m., duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown, Clerk of the Council
Attmts. (A., B., and C.)
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