TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 January 21, 2003
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Deputy Mayor Matthew Streeter
Councillor Barbara Barbour
Councillor Paul Burnham
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor John Pelkey
Members Absent: Mayor William Aman
Councillor Edward F. Havens
Also Present: Town Manager Matthew B. Galligan
Absent: Town Attorney Barry Guliano
Deputy Mayor Streeter called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of December 2, 2003; and Regular Meeting of December 2, 2003.
Was made by: Councillor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
8. Public Petitions - None
ITEM:
9. Communications from Officers and Boards Directly Responsible to Council
Craig Zimmerman, Chairman of the Park and Recreation Commission, said he was coming forward at this point to acknowledge the State and Town “budget situation.” Referring to statements made at a previous Town Council meeting held downstairs in the Madden Room, and at a recent Park and Recreation Commission meeting, Mr. Zimmerman said that the Commission had requested that he appear this evening to share its opinion of “something being proposed”—namely, that $110,000 in cost, currently in the Public Works’ Budget, be transferred to the Recreation Department Budget.
Continuing, Mr. Zimmerman said that his understanding was that “utility” and “staff” costs would increase recreation “user fees.” He gave the example that the charges for some pool passes and adult softball would, potentially, double. Mr. Zimmerman stressed that the Park and Recreation Commission was concerned about this proposed change in policy; and asked that if that policy were to go forward would the Town be asking “other users” of Town services—such as the “Seniors”--to pay for the total cost of their programs, including utilities and extra staff at the Community Center.
Through Mr. Zimmerman, the Park and Recreation Commission was asking the Town Council to “think very carefully” before making Town programs “too expensive” for its residents.
10. Communications and Reports from Town Manager
Updating the Town Council on preparations being made in case of a “smallpox incident,” Mr. Galligan said that there has been an overwhelming response to the letter that went out to the community looking for volunteers if such a thing should occur. Continuing, he said that 52 nurses within South Windsor volunteered; and another 40 from the Town of Windsor. With regard to medical doctors, Mr. Galligan reported that between 10 to 25 of their number had volunteered. The letter, he felt, had created an awareness in the community.
Next, the Town Manager referred to a list of incomplete items continuing to need Town Council’s attention—no decision made, etc.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Regarding “Evergreen Walk,” Mr. Galligan said that the requests, through the Freedom of Information Act, coming from law firms continues “almost daily.” He said that he and Town Atty. Guliano continue to handle these requests as they arise.
Mr. Galligan then went on to discuss a “monitoring process” being conducted by CCM and CRCOG regarding the State Budget. Referring specifically to State’s “Manufacturing Equipment Assistance Program,” the Town Manager described it as a program where companies who have bought equipment can apply for a tax break. The Town then forwards these applications to the State who then reimburses the Town for what it has paid out to the manufacturers.
Continuing, the Town Manager said that there is currently a proposal to “cut some of these programs back by 5% or 10%--said cut could mean a shortfall of about $300,000 to the Town. To date, he added, the State has made no payment to any community in the State—even though a decision on the part of the State should have been made prior to December of 2002.
The Town Manager informed the Council that there are some communities that are considering “suing the State for the release of those payments” because they feel the State is holding these revenues “illegally.” The payment due South Windsor, he added, is $1.2 million dollars.
Another item Mr. Galligan wished to discuss was ECS money. He reported that the Town had received about $2.2 million of the $9.1 million, but no further money has been forthcoming recently. To date, possibly $500,000 is being “threatened” if there is no concession--with a total that could possibly total $1.1 million. The Town, he reported, continues to monitor this; and is still pushing the State to honor its commitments.
Mr. Galligan then provided Council with an update on the activities of the Capital Projects Committee which, he said, has been meeting on a monthly basis. The Committee, he added, was currently attempting to set a “priority list” of projects for Council’s review in time for the upcoming budget process.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mr. Galligan made special note of the monthly report to Council on the Town’s “financial condition”—and, in particular, the report showing the balance in the Town’s Contingency Fund. He also informed Council that he was “trying to hold the line” on some of the Town’s expenditures because of “shortfalls” in State reimbursement monies—i.e., cut back on “staff replacements” and “capital projects that are not currently necessary.”
Another reminder provided by the Town Manager was the “St. Patrick’s Day Parade” in Hartford. This Parade, he said, will be on March 15; and reminded them of the information sent to them by Marge Anthony. Deputy Mayor Streeter reminded everyone that the Timothy Edwards Middle School Band had won an Award last year following their participation in last year’s St. Patrick’s Day Parade.
Councillor Paquin asked the Town Manager if the funds due the Town from the State for ECS and Manufacturers’ Equipment reimbursement had already been committed by the State. He replied that they had—a commitment of “close to $1.2 million.” When asked if there was any recourse to this, Mr. Galligan said that perhaps only with regard to the Manufacturers’ Equipment reimbursement because by State Statute, the State is supposed to submit those payments by December 31 in order to finish their audit. However, he added, with ECS the revenues that usually “come into the State” to support that program did not come in this year because of the state of the economy.
Councillor Delnicki, referring back to the “tax abatement issue,” read into the information provided that the Town could see some kind of a cut in this program. He asked if, considering the reduction in funds coming from the State for “Manufacturer’s Equipment,” etc., should the Town be considering a “freeze in the application of tax abatements” until the Town knows what will be coming from the State. Mr. Galligan said that there are “two different abatement programs.” The program done by the Town Council, he added, is based upon the real property.” However, the Town “does not have control over this one—this one is strictly a State program.”
Councillor Pelkey asked if the Town would not have had at least “half” of the ECS money by now under normal circumstances. Mr. Galligan replied that this was true—the Town should have received about $4.5 million of the $9.1 million of ECS money by this time.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Continuing, Councillor Pelkey asked if this shortfall was currently affecting the Town’s meeting of its financial obligations to (i.e.) teachers, vendors, etc. Mr. Galligan replied that it did not, as yet, because the Town did have a “substantial amount of cash that we can carry;” however, he added, what it did affect was the Town’s “investment program.” Should it continue, Mr. Galligan predicted that it could affect those areas previously mentioned by the Councillor—such as payments to teachers, etc.
Councillor Delnicki added that the “message he was trying to get across” was that “we’re in some pretty tough times;” and Council needed to take a look at what is going on in the State and how it is impacting South Windsor at the “local level.”
11. Reports from Standing Committees
Councillor Barbour, as liaison to the Board of Education, reported on the January 14 meeting of the Board at which the following was discussed: (1) “Project Excel” (the alternate to the SWEPT program) was accepted by the Board of Education to be included in the 2003/2004 school budget; a detailed explanation given by the Administration and teachers regarding the “academy concept” for the 9th Grades; approval to accept school policy on the “bullying behavior;” and the recognition of 12 students who were selected to audition for the Connecticut Eastern Region Music Festival; and 3 “cheerleading students” who were chosen to participate in major Parades this year; 9 students earned the right to audition for the Connecticut “All State Musical
Festival;” and 5 students were inducted into the “Tri-M Music Honor Society;” and a Coach Harry Geraghty (Cross-Country and Track) from the High School who had been inducted into the Connecticut High School Coaches Hall of Fame.
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council - None
14. Public Participation - None
15. Consent Agenda - None
ITEM:
16. Unfinished Business
A. Appointment of Cary Prague (R) to the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council appoints Cry Prague as an Alternate to the Zoning Board of Appeals for a term ending November 30, 2005
Was made by: Councillor Delnicki
Seconded by: Councillor Burnham
The Motion was: Accepted, unanimously
17. New Business
A. Resolution Acknowledging the Resignation of Elaine Holcombe (R) from the Drug and Alcohol Abuse Prevention Commission
BE IT RESOLVED that the Town Council acknowledges, with regret, the resignation of Elaine Holcombe from the Drug and Alcohol Abuse Prevention Commission, said resignation being effective immediately; and
BE IT FURTHER RESOLVED that the Town Council wishes to extend its sincere thanks to Ms. Holcombe for the time and talents she gave in service to her community through her membership on this very important Commission.
Was made by: Councillor Burnham
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
B. Resolution Acknowledging the Resignation of Judith Paquin (D) from the Drug and Alcohol Abuse Prevention Commission
BE IT RESOLVED that the Town Council acknowledges the resignation of Judith Paquin from the Drug and Alcohol Abuse Prevention Commission, said resignation being effective immediately; and
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
BE IT FURTHER RESOLVED that the Town Council offers its sincere thanks to Ms. Paquin for the time she devoted to this very important Commission, and for her continuing service to our community.
Was made by: Councillor Pelkey
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
C. Resolution Approving a Refund of Property Taxes to Thirteen (13) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves the refund of property taxes to thirteen (13) South Windsor taxpayers, the total of said refunds being $5,298.83, and as shown on attached Exhibit A.
Was made by: Councillor Barbour
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
D. Discussion Item: Proposed Ordinance Setting Fines for Inland/Wetlands Violations (Atty. Guliano to address.)
Town Manager Galligan stated that Town Attorney Guliano was ill this evening; and in his place, explaining this proposed Ordinance would be Inland/Wetlands Agency Vice Chairman, Philip Forsley. Mr. Forsley said that the Agency had asked for an Ordinance whereby they have some sort of recourse when it issues a “Notice of Violation” or there is an ongoing violation.
Mr. Forsley explained that this is a type of “escalating punishment” where upon a first violation a “Notice of Violation” goes out without a fine being associated with it. The Vice Chairman said that this is presently being done; however, the Ordinance being proposed would allow, upon escalation beyond a certain amount of time after said “Notice,” that a fine be levied against the person or persons in violation.
ITEM:
17. D. (Continued)
Continuing, Mr. Forsley stated that if, following the issuance of a fine, there is still no resolution, the Ordinance would allow for an increased fine. He apologized for not having the “schedule of fines” with him this evening; as the Town Attorney was expected to be present and would have that schedule.
Councillor Burnham, referring to the Town’s Zoning Enforcement Officer, asked if there was not an existing “generic” policy that was being followed by all Town employees with regard to this type of violation; or, did each agency have to have its own. Mr. Galligan responded that he assumed each agency had to have its own separate enforcement actions; and, with specific regard to the Zoning Enforcement Officer, Mr. Galligan said that person deals, basically, with Planning and Zoning issues. Something like this, he added, would probably be handled by the Senior Environmental Specialist, Jeff Folger.
Deputy Mayor Streeter asked if the Ordinance would be “drafted” similar to that of the “Noise” or “Blight” Ordinances; and if the fees would be “somewhat in line with the fees already set up?” Mr. Forsley replied that the fees were along the order of “$200 to start.” The Deputy Mayor then asked if there existed any State regulation that “may have more teeth than the Town?” Mr. Galligan replied that once a municipality has an Inland-Wetlands Agency the State Department of Environmental Protection has a “hands off” policy.
When asked if any surrounding Towns had this type of Ordinance or policy for inland-wetlands fines, Mr. Forsley said that there were several; and that the Town Attorney had modeled the proposed Ordinance on a “couple of surrounding Towns.”
Councillor Delnicki observed that he felt the real intent of the proposed Ordinance was to encourage people to “do the right thing” with regard to the environment. He asked the Town Manager when it was expected that a Public Hearing regarding this proposed Ordinance would be scheduled. Mr. Galligan said he was not certain.
ITEM:
17. D. (Continued)
Councillor Barbour asked if, presently, there existed any type of “fine” for these violations. Mr. Forsley said there was no “financial punishment” at the present time. With regard to “repeat offenders,” Councillor Barbour asked Mr. Forsley if it would be the intention of the Agency, if a fine process were approved, to be able to retroactively apply the fine to these people—or is this something that would be “grandfathered” so that “they will never be fined. Mr. Forsley said he felt it had to be on a “case-by-case basis.”
E. Discussion Item: List of Possible Future Agenda Items (Including Updates on Ongoing Projects; Funding Reconsiderations; Upcoming Public Works, Open Space, and Road Projects); etc. (Town Manager Galligan to address.)
Mr. Galligan said that he and the Clerk of the Council had put together some issues the Town Council may want to look at for inclusion on future Agendas—either as a Work Session item, or as a Regular Meeting Resolution or Discussion Item.
He then went over the list and brought Council up-to-date on their status; and answered questions with regard to them.
Deputy Mayor Streeter suggested that Councillors look over this list, prioritize the projects, and forward them to the Clerk of the Council. After this process, he said, a determination could be made as to what projects appear to be of major concern to all the Councillors.
Councillor Pelkey then asked, in particular, the status of the Juknis greenhouses being moved out of the Town’s Open Space parcel on Sullivan Avenue and West Road.
Councillor Burnham, referring to the street sign replacement program, asked if this was something he felt should have a “time constraint” notation next to it. Mr. Galligan replied that this is true because the Town’s “emergency services” have commented that these signs were illuminated and much larger—making it easier to find locations particularly in an emergency situation. The Councillor felt this was a “public safety” issue and should be moved into the category of having “time constraints.”
ITEM:
18. Passage of Ordinance - None
19. Communications and Petitions from Council
A few of the Councillors asked questions with regard to the Joint Meeting being planned between the Town Council and the Board of Education and set for Monday, January 27, at the High School. Also, Council asked the Town Manager for his “prediction” of what future “cuts” could be forthcoming from the State with regard to its reimbursement programs.
20. Executive Session - None
21. Motion to Adjourn
A Motion to adjourn was made by Councillor Fine at 8:55 p.m.; seconded by Councillor Delnicki; and unanimously approved.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Cc: Attmt.
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