Town of South Windsor, CT Agendas & Minutes Archive

Regular Meeting 12-16-02

TOWN COUNCIL

TOWN OF SOUTH WINDSOR

MINUTES Page 1 December 16, 2002

TOWN COUNCIL – Regular Meeting

Council Chambers – South Windsor Town Hall

Members Present: Mayor William Aman

Deputy Mayor Matthew Streeter

Councillor Barbara Barbour

Councillor Paul Burnham

Councillor Thomas Delnicki

Councillor Deborah Fine

Councillor Judith Paquin

Councillor Edward F. Havens

Councillor John Pelkey

Also Present: Town Manager Matthew B. Galligan

Town Attorney Barry Guliano

The Mayor called the Regular Meeting to order at 8:05 p.m.

ITEM:

5. Public Input - None

6. Environmental Health & Safety Message - None

7. Adoption of Minutes of Previous Meetings

Motion to approve the adoption of the following Town Council Minutes: Work Session of November 4, 2002; Public Hearing of November 4, 2002 (Proposed Ordinance Establishing Inspection Fees for Subdivisions and Site Developments); Regular Meeting of November 4, 2002; and Special Work Session of November 25, 2002.

Was made by: Councillor Barbour

Seconded by: Councillor Pelkey

ITEM:

7. (Continued)

Councillor Paquin asked to amend the Minutes of the Work Session and Public Hearing of November 4 to include her name as being in attendance. Councillor Barbour then moved to approve the Minutes, as amended. The Motion was seconded by Councillor Pelkey; and approved, unanimously.

At this time, Councillor Delnicki made a Motion to move Agenda Item 17. E. out of order to address at this time. The Motion was seconded by Deputy Mayor Streeter, and approved unanimously.

17. New Business

E. Resolution Authorizing the Naming of the Wildlife Viewing Blind (Observation Platform) on the Kelley/Waldron/Willard Property in Honor of Sherwood Waldron

WHEREAS, Sherwood C. Waldron was a resident of South Windsor for over 70 years and, through most of his adult years during that time, gave countless hours to the improvement and beautification of South Windsor by planting gardens of flowers on Town property at various locations, and maintaining their beauty for the enjoyment of Town residents and those traveling through our community; and

WHEREAS, Sherwood C. Waldron played an active leadership role within the farming community of South Windsor—as witnessed by his long tenure on the Town’s Agricultural Land Preservation and Advisory Commission; and

WHEREAS, Mr. Waldron was also a tireless volunteer to South Windsor’s civic organizations such as the Rotary Club, and the Chamber of Commerce where he was very instrumental in coordinating and accomplishing the landscaping improvements to John Fitch Boulevard; and, too, was a strong supporter of Wapping Community Church’s projects and programs; and

WHEREAS, Sherwood C. Waldron was pivotal in organizing multiple landowners to sell property for Open Space along the Podunk River—an endeavor worthy of particular note since the benefits resulting from this effort will be far-reaching into the future of South Windsor’s residents

(Resolution Continued on Next Page)

ITEM:

17. E. (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, wishing to recognize Mr. Waldron’s lifelong commitment to the enrichment of South Windsor’s surroundings as well as to the future of its open lands, hereby dedicates the existing wildlife viewing blind that was constructed at the confluence of Plum Gully Brook and the Podunk River as the “Sherwood C. Waldron Wildlife Viewing Blind,” and will so signify with a plaque bearing this inscription.

Was made by: Councillor Delnicki

Seconded by: Deputy Mayor Streeter

Before calling for a vote, Mayor Aman recognized Councillor Delnicki who wished to comment on the Resolution. Councillor Delnicki pointed out that this Resolution recognizes a lifetime of contributions to our community; and, he felt, this was the best way to honor those people who have “really done good things for us.”

The Councillor then said he wished to mentioned those groups or organizations that have come forward to add their recommendations that Sherwood Waldron be recognized in some significant way for his contributions: namely, the Inland-Wetland Agency/Conservation Commission, the South Windsor Rotary Club, the South Windsor Agricultural Land Preservation Advisory Commission, and the South Windsor Chamber of Commerce.

Continuing, Councillor Delnicki said that the Council’s Subcommittee charged with the duty of drafting a policy for the “naming of public lands and buildings,” selected the suggestion made by the Inland-Wetlands Agency of naming the referenced “Nature Viewing Blind” located on Open Space land known, formerly, as the Kelley/Waldron/Willard property. The Councillor said that this blind overlooks one of the most “picturesque” areas on the property—and therefore was most apropos for such recognition.

Recognizing Rockville Banks’ part in all of this, Councillor Delnicki said that the Bank had paid for the construction of the viewing blind as part of the offsite mitigation. Representatives from the Bank, he added, were “delighted” that Council was contemplating honoring Sherwood Waldron in this manner.

ITEM:

17. E. (Continued)

Councillor Burnham asked if Council was contemplating instructing Town staff to erect a sign on one of the streets adjacent to this site, telling the public that the “viewing blind” was there. He felt that, unless you actually walked onto the property, you would not know it was there. He added that he was delighted Council was contemplating recognizing Mr. Waldron in this way; and hoped that the sign he had mentioned would become a reality so that the residents could find the “blind” and its plaque for Sherwood Waldron.

Mayor Aman agreed with Councillor Burnham’s suggestion regarding a sign denoting where the viewing blind was located. He asked the Town Manager to see that a sign indicating not only the blind, but also the Boy Scout Trail in the area be erected.

Mayor Aman suggested that one “WHEREAS” was missing—the one denoting that Sherwood Waldron was present at almost every community event; and was also present to “tell the Town Council Members exactly what they should be doing on almost any issue.” Over the years, the Mayor guessed, Mr. Waldron was right a vast majority of the time; and always had the best interest of the Town at heart!

Councillor Havens said that he had known Sherwood Waldron for at least 30 years—that he was a fellow-Rotarian, etc.; and, remembered, particularly Sherwood’s efforts during the time of the “creche” controversy at Town Hall.

Councillor Delnicki did single out Betty Warren for all of her initial efforts on behalf of this memorial tribute to Sherwood Waldron; and for bringing this matter to the Councillor’s, and other civic organizations’, attention months ago.

Then coming forward to speak, briefly, was Vesta Waldron, Sherwood Waldron’s widow, who said she wished to thank the Town Council for the honor they were bestowing on her husband this evening. Also speak, on behalf of Mr. Waldron’s family, was his son, Robert Waldron. He, too, thanked the Town Council.

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

Councillor Pelkey then made a Motion to move Agenda Item 17. B. up to this point in the meeting. The Motion was seconded by Councillor Delnicki and approved, unanimously.

ITEM:

17. New Business

B. Resolution Rejecting the “Contract Agreement on Working Conditions between South Windsor Board of Education and South Windsor Education Association - July 1, 2003 - June 30, 2006”

BE IT RESOLVED that the South Windsor Town Council hereby rejects the “Contract Agreement on Working Conditions between South Windsor Board of Education and South Windsor Education Association” for the term July 1, 2003 through June 30, 2006.

Was made by: Deputy Mayor Streeter

Seconded by: Councillor Delnicki

Speaking to this issue was Board of Education Chairperson Kathy Daugherty who, through the use of power point, made a presentation to the Town Council explaining the negotiations that took place between the South Windsor Board of Education and the South Windsor Education Association.

She presented background information on South Windsor’s teachers contract negotiations; and informed Council that each year approximately one-third of the Towns in Connecticut negotiate their contracts. In the previous year, 2001/2002, 54 of the 169 Towns reached contract settlements, she said; and after review of the accumulated information regarding these negotiations, it was determined that the average settlement, with increment, was 5.69%--without increment (or step) is was 3.89%.

Continuing, Mrs. Daugherty, said that the Town of Fairfield was South Windsor’s Educational Reference Group (or, as will be referred to hereon—South Windsor’s ERG). She explained that the ERG are Towns that the State groups together—they have, according to the State, the same socio-economic background. When comparing salaries, test scores, etc., she said, it was within this Educational Reference Group. Mrs. Daugherty then went on to quote settlements in a few of the municipalities—namely, the City of Hartford, Madison, and Monroe (ERG).

All the information she was providing, she said, was information Administrators take into consideration prior to meeting with the Teachers’ Union; and, upon receipt of this information, the Board of Education begins to develop their goals.

ITEM:

17. B. (Continued)

Once the Board receives this information, she continued, it begins to develop its goals. This year, she said, the Board was very specific in its goals—the two primary goals being “competitive in its teacher salaries in order to approach the serious teacher shortage expected within the next three years; and (2) by increasing the instruction time for South Windsor students. A third goal, she added was to “revise contract language.”

Mrs. Daugherty pointed out that “everyone’s contract is just a little bit different.” And, after making a comparison between South Windsor’s salaries and those in other Towns—both in Hartford County and in our Town’s Educational Reference Group, and after explaining the “Tier” system, she noted the differences. She then explained the differences in “salary step minimums” and hiring practices; and pointed out that South Windsor’s salary range ranked “above the mid-point” for Fiscal Year 2002/2003.

The Towns that “South Windsor is compared to (the ERG), she explained, are: Bethel, Brookfield, Cheshire, Fairfield, Farmington, Glastonbury, Granby, Greenwich, Guilford, Madison, Marlborough, Monroe, New Fairfield, Newton, Orange, Trunbull, West Hartford, and Region 5 (which includes Bethany, Orange, and Woodbridge).

Mrs. Daugherty said that it was significant that South Windsor is “slightly below the mid-point range in its Educational Reference Group.”

Using a visual spreadsheet, Mrs. Daugherty noted Towns that began their negotiations around the same time as South Windsor, and those whose contracts had been settled. She pointed out various Towns within South Windsor’s ERG, and the percentage increase they had settled on—namely, the Towns of Greenwich, Glastonbury, and Farmington. She also noted

After reiterating the “goals of the Board” prior to awarding the Teachers’ Contract for this coming Fiscal Year--i.e., to maintain competitive salaries; to gain additional instructional hours for South Windsor’s students; and to change some of the contract “language;” Mrs. Daugherty began to compare South Windsor’s salary schedules, step levels, and “Degree” and entry-level parameters with those of other area Towns—namely, Wethersfield, Simsbury, and West Hartford.

ITEM:

17. B. (Continued)

The Chairman also explained that South Windsor does not add incentives (such as extra compensation for “special education teachers” and “guidance counselors); that it works with a “flat schedule.” Also of interest to the Town Council, Mrs. Daugherty felt, was the area of “insurance” for teachers. She said that the medical cost share premium in South Windsor is 12%, and is one of the highest in the State—and wishes to remain on the “higher end.”

The medical cost share is certainly taken into consideration during negotiations—by both the Town and the Union. Using the power point, Mrs. Daugherty showed where the Town of South Windsor stood in relation to other area Towns with regard to this medical cost share. It showed that South Windsor was second only to the Town of West Hartford which paid 12.5%.

The final aspect of this report dealt with the acquisition of additional instructional time for students. This settlement, according to the Chairman, increases both the student and the teacher "“work time” to make South Windsor more competitive with other districts in Hartford County and within the Town’s ERG. This acquisition, she felt, represented a “major forward goal” for these negotiations.

Mrs. Daugherty concluded her remarks by stating that “the Board attained its goals. We believe this increase will keep our salaries competitive so that we are able to hire the teachers where there will be a shortage in the next several years.” Additionally, she said, the 3.6% + step increase is in line with other Districts; and it should be noted that “the other Districts didn’t get anything back;” (i.e., additional teaching time).

Mrs. Daugherty said that the Board of Education does realize the cost of this contract to the Town of South Windsor; and appreciated the opportunity to appear before Council to explain the Teachers’ Contract.

Mrs. Daugherty and Mr. Thomas Reale then answered questions regarding the contract put to them by the Town Councillors—the first of which was the actual increase most teachers were getting. Mrs. Daugherty said that South Windsor increases were a 3.6% increase in salary plus a 1.69% step increase. The Statewide averages, she added, were 3.55% salary increase + a 1.81% step increase. An Arbitrator, she warned, would be looking at the “money items” such as Health Insurance where South Windsor is “almost at the top” and has been there for some time.

ITEM:

17. B. (Continued)

Another question Council asked was regarding past history within the last two or three years associated with the rejection of a mediated settlement for the teachers and the final outcome of such action. Answering this question for the Board was its attorney from Shipman & Goodwin, Atty. Mooney, who replied that “rejection by municipal authority is rare, but not unheard of; and, almost the universal outcome is that the Arbitrators make an award which is as similar as possible to the negotiated settlement.”

Continuing, Atty. Mooney said he was particularly concerned in this case that the outcome could be “worse” because of the dynamic of the binding arbitration process. The additional instructional time acquired was most significant, he added; and, that is not a subject for negotiation.

Atty. Mooney felt it was “highly likely that if the teachers stay at where they are, they will prevail in every issue because the Arbitrators tend to favor the negotiated settlement.” What was at risk should the Town Council reject this contract, according to Atty. Mooney, was the acquisition of the additional teaching time; or, a ruling favoring a higher settlement because of the additional time.

Council’s liaison to the Board of Education, Councillor Barbour, agreed that South Windsor was “competing with every other school in the State of Connecticut for teachers,” and with “contract history.” Having said that and with the understanding that she felt the contract should move forward, she voiced her concerns: (1) in the Grade 10 Connecticut Mastery tests, South Windsor was lower than those Towns outside our ERG but ones used by the Board of Education as comparison Towns (Avon, Glastonbury, Simsbury, and West Hartford) the average SAT scores in South Windsor were lower; and the number of graduating students from South Windsor seeking a higher education was lower.

Councillor Barbour “challenged” the Board of Education by stating that “Now, the teachers have their contract, now let’s get the students where we want them to be so we can say we are on an even level playing field with these other Towns.”

ITEM:

17. B. (Continued)

Councillor Paquin added that in her three years on the Board of Education she “saw a lot of talent leaving;” She also felt that “this is a battle that needs to be fought at the State Legislature; and it’s one that we have been trying to do for 30 years.” She suggested that communities “with their backs against the wall” unite to fight the battle at the State level for changes in the State’s collective bargaining/binding arbitration laws.

Councillor Delnicki made it clear that the Council did not doubt the quality of the teachers working in the school system; and, further, pointed out that the Board of Education should, indeed, be proud of the two “Blue Ribbon Schools” in South Windsor singled out, nationwide, for high recognition. He did express, however, the concern of South Windsor’s citizens regarding higher and higher taxes and the need to hold the line where possible.

Deputy Mayor Streeter, who had brought this Resolution to Council said he had done so because, up to this time, he had felt there was a “lack of information” being presented to Council and the public regarding the teachers’ contract. He thanked those present this evening, as well as the members of the Board of Education who had also been present at Council’s previous meeting, for their time and for the information they had provided.

The Deputy Mayor again pointed out that the State is in a “deficit” situation, and less money will be forthcoming from the State to the municipalities for education as well as other municipal services.

Mayor Aman, in an effort to put this entire discussion and the contract in perspective, admitted that it was an “expensive contract, and the largest part of our budget.” This three-year budget will, he added, affect the average $200,000 homeowner’s taxes by $112 the first year; $236 the second year; and by $371 the third year—a “tremendous amount of tax increase” generated by this teachers contract.

Mayor Aman then reminded the Councillors that “if you want this Contract to go into effect, it’s a reminder to vote “No.”

ITEM:

17. B. (Continued)

Mayor Aman then called for a vote on the Resolution. It was defeated, on a Roll Call vote, 8 Nays to 1 Abstention. (Councillor Pelkey cast the Abstaining vote because of a potential Conflict of Interest.

8. Public Petitions - None

9. Communications from Officers and Boards Directly Responsible to Council - None

10. Communications and Reports from Town Manager

Town Manager Galligan said he had only one item to report on—however, the item was of a very important nature. Mr. Galligan said that he had met with Windsor’s Town Manager, Leon Churchill, on December 6 in Windsor regarding the possibility of having to administer “smallpox vaccinations” in the event there is ever a case in the United States; or, in case of bio-chemical terrorist acts which could cause an epidemic of smallpox.

Mr. Galligan said that each Town Manager have met with their perspective staffs; and have determined that the South Windsor High School is the best place to run this clinic for the two Towns. That site, he added, with its “fuel cell” and expanded parking provisions lends itself to this type of facility.

Saying that he did not want people to become alarmed, Mr. Galligan noted that smallpox is the one biochemical agent that is the most “detriment to anybody throughout the World; therefore the Plan they will be presenting is one that will take care of the worst case scenario.” However, if there is an outbreak, they will be expected to vaccinate 5,000 people per day for 10 days—since, following exposure, a person would have 4-5 days to receive his/her first vaccination.

The Town Manager said that this process will “put a lot of pressure on staff, since a triage unit would have to be set up to take important information on each individual.

ITEM:

10. (Continued)

Mr. Galligan informed the Council that it was estimated that the time involved in putting one person through this system—including triage, showing them a video before vaccination, monitoring them afterward, completing the paperwork, etc.—takes 45 minutes per person. With one volunteer handling one person every 45 minutes, he added, he or she can process only 32 individuals in a 24-hour period. That, he said, is why it has been determined that 146 volunteers for each of three (3) shifts (or as many as 400 volunteers) will be needed in order to process 5,000 people through the system.

Mr. Galligan said that not only would a “Medical Director,” and a “Pharmacist” be needed but also a “Clinic Manager,” “Supply Manager,” “Transportation Manager,” a “Coordinator for Communication,” a “Medical Coordinator,” an “AMT Coordinator—or a total of about 14 different “coordinators” will be needed according to the CDC, the Center for Disease Control.

At the same time, according to Mr. Galligan, the Town of Windsor will be putting together their “team of experts” so that the information will be kept flowing between the two communities.

Stressing that the timeframe for all of this is “very narrow, the Town Manager pointed out that in addition to acquiring the “volunteers,” a “plan” has to be in place by the 16^th of December. Also, he added, “first time responders” must be vaccinated by March 2003.

Mr. Galligan continued to explain that this who process has to be “tested,” and this could only be done by contacting the “first time responders: to determine who, voluntarily, wishes to participate in the program. When that information is acquired, he said, steps would be taken to determine who among them can be “run through a test system” to see if they can meet the timetable of “one person every 45 minutes.”

Concluding his remarks, the Town Manager said what may occur once the “plan” is set is that a copy of the plan is sent to every homeowner; and, in an effort to expedite the process, also send medical history cards to each family member in the home.

ITEM:

10. (Continued)

He stressed the importance of every resident filling out these cards to the best of his/her ability—in some cases, with the help of their physician. The hope was that by having these cards properly filled out, and in a timely fashion, the 45 minute process could be cut down by 10 or 15 minutes.

Questions followed from the Councillors.

On another matter, Mayor Aman said that a constituent had called him regarding the ice skating at Rye Street Park. He asked the Town Manager what the history was with regard to clearing that pond. Mr. Galligan replied that Karl Reichle, Supt. Of Parks and Grounds had told him that, technically, there is “no skating allowed;” however, if this is something Council wishes to offer, and because of the many days of “freezing weather” it would be possible.

The Mayor asked that if the Public Works’ schedule allowed time for this without going into “overtime,” he would appreciate seeing the pond cleared for skating as has been done in prior years when it was cold enough.

The Mayor then asked where the Town stood with regard to the “sidewalk installation along Nevers Road and Ayers Road. Mr. Galligan replied that he was aware that the sidewalks have been designed, and the project put out to bid. Depending on weather, he said, the project would probably move forward in the early Spring.

Councillor Havens suggested that any large expenditures being “thought” about now should be “held in abeyance” because those funds may be needed in “surplus” this coming budget season. And any cuts or “holds” on projects being discussed by staff, Councillor Havens asked that the Town Manager share with the Town Council before making a firm decision.

11. Reports from Standing Committees - None

12. Reports of Temporary Committees

Councillor Delnicki reported that the Town Council’s Subcomittee on the Naming of Public Lands & Buildings met on December 3

ITEM:

12. (Continued)

The Councillor then read the Agenda Items and informed Council on how they were addressed. The Members of the Subcommittee (Councillors Havens, Pelkey, and Delnicki, and Deputy Mayor Streeter) that evening, he said, “hammered out a ‘draft’ policy that is presently being forwarded to the Town Attorney for review. The goal, according to Councillor Delnicki, is to be able to provide the Town Council with a copy of this ‘draft policy’ by the first meeting in January.

Pointing out that the he naming of a facility after Sherwood Waldron was accomplished this evening, Councillor Delnicki said that the Subcommittee will continue to meet to address those items still in the “discussion” stage—namely, the dedication of land or public facility after long-time Town Clerk, Charles Enes; and the naming of the Kelley/Waldron/Willard property, as required by the State.

13. Communications and Petitions from Council – None

14. Public Participation

Speaking from the public was Mr. Joseph Carino, 2545 Ellington Road, who address the Town Council who said he was present to address a “change in policy” by the Town Council over the last year. He said he was referring to tonight’s Agenda Item 16. K., Appointment of Timothy M. Moriarty (R) as an Alternate to the Zoning Board of Appeals.

Continuing, Mr. Carino pointed out that Mr. Moriarty is already a Member of the Town’s Water Pollution Control Authority, as is Mr. Carino; and, he continued, a year ago he was denied a reappointment to the Zoning Board of Appeals because of a “Republican” resolution which said it will not nominate anyone to more than one “land use” Committee or Board.” He pointed out that both the Zoning Board of Appeals and the Water Pollution Control Authority are both “land use” agencies

Mr. Carino stated that this appointment of Mr. Moriarty to the ZBA is “inconsistent with the Republican resolution which denied me an opportunity to be reappointed to the Zoning Board of Appeals.” Mr. Carino informed the Council that, if the Resolution passes tonight, he would consider it an “encouragement” for him to reapply to this Town Council for consideration of his appointment to the Zoning Board of Appeals or other agencies that are listed as “land use committees.”

ITEM:

14. (Continued)

Continuing, Mr. Carino said that he had seven years on the ZBA when he was denied reappointment; and, on the other hand according to Mr. Carino, Mr. Moriarty has no experience whatsoever on this agency. Mr. Carino said that he had hoped that someone would have come to him if the policy has been changed, and asked him if he wished to be “reconsidered.”

Prefacing his remaining remarks by stating that he was now “confused” by this evening’s proposed appointment, and the apparent change in policy by the Council, Mr. Carino again reiterated his feelings that if this appointment is approved this evening, the Council will have “set a precedent,” and he will take it as encouragement to reapply for appointment to another land use agency.

Mayor Aman, addressing Mr. Carino, said that he knew Mr. Carino understood but he wished to make certain that the public understood that this is a “Republican Party” resolution—not a Town Council position. Mr. Carino reminded the Mayor, however, that regardless of who submitted the Resolution, the Town Council acted upon it.

15. Consent Agenda

Motion to accept Items 16. A. through 16. K. as the Consent Agenda.

Was made by: Councillor Burnham

Seconded by: Deputy Mayor Streeter

Deputy Mayor Streeter then requested that Agenda Item 16. K. be removed from the Consent Agenda. Mayor Aman then called for a vote on Items 16. A. through 16. J. as the Consent Agenda. The Motion was approved, unanimously.

ITEM:

16. Unfinished Business

*A. Resolution Appointing Mark A. Peterson (R) to the Building Code Board of Appeals for a Term Expiring on January 1, 2003, and the Tabling of Same; and, Effective January 2, 2003, Reappointing Mark A. Peterson (R) to the Building Code Board of Appeals for a Term Expiring on January 1, 2008

BE IT RESOLVED that the South Windsor Town Council appoints Mark A. Peterson to the Building Code Board of Appeals to fill a vacancy with a term expiring on January 1, 2003; and,

BE IT FURTHER RESOLVED that, effective January 2, 3003, the South Windsor Town Council appoints Mark A. Peterson to the Building Code Board of Appeals for a full term expiring January 1, 2008.