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Regular Meeting 2-18-03
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  February 18, 2003       

                        

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 Deborah Fine
Councillor Judith Paquin
Councillor John Pelkey  
                
Members Absent: Councillor Thomas Delnicki
Councillor Edward F. Havens     
                
Also Present:   Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                
                
The Regular Meeting was called to order at 8:00 p.m., immediately recessed in order to continue the Public Hearing; and reconvened at 8:15 p.m.

ITEM:

6.     Environmental Health & Safety Message

Both messages this evening were directly related to the heavy snowfalls we in New England have experienced this year; and the dangerous conditions directed related to them.

Town Manager Matthew Galligan cautioned residents to be careful exiting their driveways because of the piles of snow on either side left by snowplows in the wake of several heavy snowstorms.  Also, he said, he has noticed the same problem “seeing around corners” of mounds of snow at the Shopping Malls.

        Another message was given by Councillor Fine who requested that residents clear the fire hydrants that may be on or near their property.  Without this help. she cautioned, the possibility existed that the snow would freeze over these hydrants, thus obscuring their locations and possibly causing a tragedy.
6.      (Continued)

       Councillor Fine also requested that residents not shovel snow back into the streets.  When this snow freezes over, drivers could unwittingly come upon snow where it isn’t supposed to be and an accident could occur.

7.     Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Regular Meeting of January 6, 2003; and Joint Work Session of January 27, 2003 of the Town Council and the Board of Education.

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

8.     Public Petitions  None

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

10.     Communications and Reports from Town Manager

Town Manager Matthew Galligan informed the Town Council Members that the funds allocated for snow removal in the present budget were being quickly depleted.  This evening, he added, there was a Resolution requesting that monies currently in contingencies be reserved for other Public Works projects in the Spring, since funds previously set aside for spring projects may now have to be tapped for continued snow removal.

Another item Mr. Galligan wished Council to be aware of is that of the disposal of the remaining piles of leaves at residences in Town.  He said it was going to be “quite expensive” to remove these leaves because front-end loaders may be necessary for the job.  He wanted to discuss this with Council because of its cost; and wondered if, because of the probability of receiving less State funds this year, Town officials could request that residents find other means of disposing of their remaining leaves.

He noted, for the public’s information, that “Virtual Town Hall” has been included on the Town’s website for some time.  This program includes the Town’s “calendar of events,” and the listing of various Board and Commission meetings.
ITEM:


10.     (Continued)

The Town Manager then referred to two Resolution he had included on the Agenda—1) Setting a Public Hearing for application for funds through the Neighborhood Assistance Act Program for a school project; and 2) the introduction and setting of a Public Hearing for an Amendment to the Code of Ordinances with regard to Finance Department personnel.

Mr. Galligan reported that he had sent all the necessary papers to the State of Connecticut on the Town’s “STEAP” Grant.  A Public Hearing on the final Plan will probably be scheduled, he said, for sometime in May.

Continuing, the Town Manager said that the Public Works current three year bargaining unit contract was coming to an end; and negotiations have begun on what he hoped would be another three-year contract.  He said he would keep Council apprised as these negotiations continued.

Reporting for both himself and Mayor Aman, Mr. Galligan informed the rest of the Council that they had been to several Hearings at the State Capitol regarding:  1) a request for a $500,000 grant to conduct a Transportation Study—a request endorsed by all our local State Legislators; and 2) the need for a “second railroad crossing” at the site of the I-291 Corridor in order to open up this area for economic development.

Mayor Aman added that with regard to the $500,000 for the Transportation Study, he felt the Committee understood the problems and the need.  Unfortunately, he added, no one knows “quite where the money is coming from” to do this Study.  With regard to the “second railroad crossing,” the Mayor added that it was made very clear that all the Chairman wanted from the Town was a “written testimony” regarding this—which testimony has been provided.  The Mayor also reminded the Councillors that he had included in their packet a copy of the letter he had sent out to State Representative Michael Christ requesting a meeting on this.

        Further discussion ensued between the Councillors and the Town Manager with regard to the items he had reported on.

11.     Reports from Standing Committees  -  None

ITEM:

12.     Reports of Temporary Committees

Councillor Barbour reported on the February 11 meeting of the Board of Education.  She said that at this meeting a great deal of time was devoted to discussing the school calendar; and at the close of that discussion, a two-year school calendar was voted on and approved.  These calendars are currently available, she added; and are on the Town’s website.

Councillor Pelkey asked Councillor Barbour (as liaison to the Board of Education) if school cancellations, etc. at the Two Rivers Magnet School were tied into the same schedule as the East Hartford schools.  Councillor Barbour said she did not know, but would find out for him.  

13.     Communications and Petitions from Council

Mayor Aman said he had received a few letters regarding both the Revaluation, and the Board of Education’s Budget.  The general “tone” as he put it was that the revaluation is costing the writer quite a bit of money on his/her own home; and he/she cannot afford the projected budget increases.

Also, as a follow-up with his and Mr. Galligan’s meeting with Manchester’s Mayor Stephen Cassano, he had received a letter indicating that Mayor Cassano had had another meeting with the Owners of the Plaza at Avery Street and Route 3, and the State’s Department of Transportation, and something was going to be done to improve the traffic lights, etc. in that area.

Councillor Barbour referred to a article in today’s Journal Inquirer regarding the Town Manager in Enfield asking all his Department Heads to think about a 5% reduction in their budgets this year over last year; and the Superintendent of Schools is going to be looking at items they may be able to do without.  Councillor Barbour felt this approach was unique.  She asked Mr. Galligan if he had any input into this concept.

Mr. Galligan said he and staff were always looking at ways to “reduce.”  One of the biggest problems, he added, were the mandates for items such as “smallpox vaccinations,” - things that could hurt the Town financially in terms of “overtime,” etc.  Another item being looked at for next year was the manner of garbage being picked up.  Taking all of this into consideration, Mr. Galligan predicted that the Council would be looking at a “different kind of budget” this coming year.

ITEM:


13.     (Continued)

Mayor Aman felt there was no question but that those programs that are “marginally effective” will be dropped.  

14.     Public Participation  -  None

15.     Consent Agenda

Motion to approve Items 16. A. through 16. G. as the Consent Agenda

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

16.     Unfinished Business

*A.     Resolution Appointing Timothy Moriarty (R) an Alternate to the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council appoints Timothy Moriarty an Alternate to the Zoning Board of Appeals for a term ending November 30, 2005.

(APPROVED BY CONSENT AGENDA)

*B.     Resolution Appointing Cary Prague (R) to the Board of Assessment Appeals

BE IT RESOLVED that the South Windsor Town Council appoints Cary Prague to the Board of Assessment Appeals to fill the unexpired term of Joseph D’Amato, a term that ends on November 30, 2005.

(APPROVED BY CONSENT AGENDA)




ITEM:

6.      Unfinished Business  (Continued)


*C.     Resolution Appointing Timothy Moriarty (R) a Full Member of the Water Pollution Control Authority

BE IT RESOLVED that the South Windsor Town Council appoints Timothy Moriarty a full Member of the Water Pollution Control Authority to fill the unexpired term of Matthew Davis, a term that ends on November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*D.     Reappointment of Virginia Macro (D) to the Historic District Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Virginia Macro to the Historic District Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*E.     Reappointment of Jay Knipple (D) to the South Windsor Housing Authority

BE IT RESOLVED that the South Windsor Town Council reappoints Jay Knipple to the South Windsor Housing Authority for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*F.     Reappointment of Maxine Parrott (D) to the Human Relations Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Maxine Parrott to the Human Relations Commission for a term ending November 30, 2005.

(APPROVED BY CONSENT AGENDA)
ITEM:

16.     Unfinished Business  (Continued)


*G.     Reappointment of Doris Avery (D) to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Doris Avery to the Patriotic Commission for a term ending August 31, 2005.

(APPROVED BY CONSENT AGENDA)

17.     New Business

A.      Resolution Setting a Time and Place for a Public Hearing on an Application for Funds through the Neighborhood Assistance Act Program for a School Project Entitled “Mobile Laptop”

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, March 3, 2003, at 7:30 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 an application for funds, through the Neighborhood Assistance Act program, for a school project entitled “Mobile Laptop.”

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

B.      Resolution Introducing an Amendment to Section 2-526 Director, Officers and Other Personnel of Department of Finance of the “Code of Ordinances of the Town of South Windsor”; and Setting a Time and Place for a Public Hearing Regarding Same

BE IT RESOLVED that the South Windsor Town Council hereby introduces an Amendment to Section 2-526 of the Code of Ordinances of the Town of South Windsor concerning the “Director, Officers and Other Personnel of the Department of Finance”; and


(Resolution Continued on Next Page)


ITEM:

17.     B.    (Continued)


BE IT FURTHER RESOLVED that the South Windsor Town Council hereby sets Monday, March 3, 2003, at 7:45 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 said Amendment to Section 2-526, a copy of which Amendment is attached as Exhibit A, and is on file in the Office of the Town Clerk.  

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

C.      Resolution Authorizing the Transfer of $121,000 from Various Town Accounts to Public Works Street Services, Motor Repair, and Parks and Grounds Accounts

BE IT RESOLVED that the South Windsor Town Council hereby authorizes a transfer of $121,000 from various Town accounts to Public Works Street Services, Motor Repair, and Parks and Grounds Accounts to fund a projected deficit in various Public Works Accounts for the 2002/2003 Fiscal Year as the result of the winter weather; and

BE IT FURTHER RESOLVED that said transfers shall be as follows:

From Contingency Account                1910-9001-390   $ 70,247.50
From Salary Contingency Account 1910-9015-390      34,828.00
From Municipal Insurance Account        1920-9004-320      15,924.50

                                                                       $121,000.00


(Resolution Continued on Next Page



ITEM:

17.     C.     (Continued)


To Public Works Street Services:
                Overtime                        1332-3112-111   $  15,025.00
                Snow & Ice Removal      1332-3112-224       14,529.00
                Highway Materials               1332-3112-225       30,255.00
                Rentals & Leases                1332-3112-330       30,334.00
To Public Works Motor Repair
                Overtime                        1332-3113-111         3,154.00
To Public Works Parks & Grounds
                Overtime                        1335-3150-111        27,703.00

                                                                        $121,000.00

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

D.      Resolution Adopting a Policy for Offer of Rewards to Assist in Solving or Deterring Crimes Against Public Property or Other Public Interests

WHEREAS, the offer of a reward to an individual or individuals who provide information leading to the arrest and conviction of parties responsible for committing vandalism, theft or other crimes involving public property or the public interest has been shown to be beneficial in assisting to solve such crimes, or in some instances, deter such crimes; and

WHEREAS, the South Windsor Town Council wishes to adopt a policy by which a separate fund in the amount of $5,000 will be created, from which rewards may be offered to individuals providing information leading to the arrest and conviction of persons committing acts of vandalism, theft or other crimes involving public property or the public interest; and


(Resolution Continued on Next Page)

ITEM:

17.     D.   (Continued)


WHEREAS, funding for the separate rewards account shall be replenished as needed and as directed by the South Windsor Town Council; and

WHEREAS, said policy shall call for the South Windsor Town Council to determine, on a case by case basis, when and under what circumstances a reward will be offered and the amount of said reward, not to exceed $5,000; and

WHEREAS, the Town Manager, Matthew B. Galligan, shall administer the fund and the reward program.  He and will determine, in his sole discretion, [in collaboration with a Police Chief selected from a surrounding community] whether the conditions for the payment of the reward have been met and to which individual or individuals the reward should be paid; and

WHEREAS, the name of any individual providing information and seeking the reward shall be kept confidential, if so requested by the individual and to the extent allowed by law.

NOW, THEREFORE, BE IT RESOLVED that a Policy Regarding Offer of Rewards to assist in solving or deterring crimes against public property or other public interests, is hereby adopted by the South Windsor Town Council; and

BE IT FURTHER RESOLVED that Town Manager Matthew B. Galligan is directed to administer the fund and the rewards program as directed by this policy.

Was made by:    Councillor Pelkey
Seconded by:            Deputy Mayor Streeter

Councillor Pelkey explained that this policy was a direct result of the vandalism that took place at Rye Street Park, and the resultant thousands of dollars worth of damage done during this vandalism.  He said he requested the establishment of this policy in an effort to resolve the issue of vandalism in Town.



ITEM:

17.     D.   (Continued)


The Councillor said that one of the “goals” he had in mind with the establishment of this policy was not only the apprehension of those responsible for the vandalism but, also, the recovery of the funds expended by the Town to repair and replace the loss caused by this crime.

Councillor Pelkey amended the Resolution by requesting that the reference to Town Manager Matthew B. Galligan be struck and changed to read, simply, the Town Manager in both the 5th and 7th paragraphs of the Resolution.  The Motion was seconded by Councillor Burnham, and was approved unanimously.

After an explanation from the Town Attorney regarding its inclusion, albeit in brackets, of the phrase [in collaboration with a Policy Chief selected from a surrounding community], Atty. Guliano informed Council that this was a decision Council had to make; and to keep in mind the decision to “offer a reward” was strictly the Council’s, but how much and how to “split” it if there was more than one informant, could be shared by the Town Manager or a combination of the Town Manager and a Police Chief of a surrounding Town.

Further discussion ensued on whether or not to include this provision, following which discussion Councillor Pelkey made a Motion to Amend the 5th paragraph of the Resolution by removing the bracketed language; and also requested that this language be removed from the “final policy” as well.  The Motion was seconded by Councillor Fine, and was approved, unanimously.

Councillor Pelkey then asked the Mayor to include on the Town Council Agenda of March 3, a Resolution offering a reward for information leading to the arrest of those who vandalized the Rye Street Park Playscape; and suggested that the reward be $5,000.  Mayor Aman agreed to a Resolution, but felt the amount had to be considered further.

Councillor Fine then requested a “non-gender” reference to the Town Manager.  The 5th paragraph was then amended, by Councillor Barbour, to read (in part) “in his/her sole discretion,” was seconded by Councillor Fine, and approved unanimously.

The Mayor then called for a vote on the Amended Resolution.  It was approved, unanimously.
ITEM:

17.     New Business  (Continued)

E.      Discussion Item – Veterans’ Memorial Park Pool Needs

Mr. Galligan said that the Director of Public Works, Mike Gantick would be addressing this item.

Mr. Gantick began by reminding Council that a number of items were removed from the project, originally.  However, he said, during the past year there have been a couple of these items that he would like to be reconsidered before the resumption of pool activities this coming summer.  He said that Mr. Ray Favreau, Director of Recreation, and Mr. Mike McCarty, Asst. Director of Recreation were present this evening, also.

Continuing, Mr. Gantick said that the main item of concern to the Public Works Department was the “concrete decking around the diving area.”  He explained that during the original design some of the “decking” was removed.  However, due to the  high traffic in that area due to people queuing up to use the diving boards, and those having to walk around them to get to another area of the diving platform, plywood had to be used for the public’s safety.  This, he felt, had to be corrected.

Another area needing more attention, according to Mr. Gantick, was the restoration of the grounds.  Public Works, he said, was not “happy with the grading, as designed and done by the contractor.”  Because of this, he added, Parks & Grounds crews (last Fall) began to regrade around the pool (about half was done, with the other half scheduled to be done this Spring).

To meet these needs, Mr. Gantick said it would cost around $6,000, and should be done this Spring.

Mayor Aman asked why this $6,000 request was coming to Council rather than being paid out of one of the Town’s accounts for VMP.  Mr. Galligan replied that, although there is money in the Capital Budget, money from Capital and Non-Recurring Expenditures Account had to be appropriated.

Councillor Pacquin questioned why these projects had not been done with the “referendum money.”  Mr. Gantick said that once the project was designed, the budget had to be reduced; and the decking being requested was beyond the original design.


ITEM:

17.     New Business  (Continued)


E.      Discussion Item – VMP Pool Needs  (Continued)

Deputy Mayor Streeter asked the Town Manager if all the money appropriated through the Referendum has been expended.  Mr. Galligan replied that it has been.

Deputy Mayor Streeter then voiced his opinion that considering the dollars spent to renovate this park and pool, the request for additional decking and grading was “a small price to pay to finish it off nicely,” and it should be done.

Other items, according to the Town Manager, such as the parking lot, etc. are separate and not a part of the original bonding, but should be addressed sometime soon.  Another issue that has to be addressed sometime soon, according to Mr. Gantick, is “fencing.”  

F.      Resolution Authorizing an Expenditure of $2,000 for South Windsor High School’s 2003 “Operation Graduation”

BE IT RESOLVED that the South Windsor Town Council approves the transfer of $2,000 from the Municipal Insurance Account Number 1920-9004-320 to the Town Manager’s Professional Account Number 1131-1310-320 as the Town’s contribution toward South Windsor High School’s “2003 Operation Graduation” fund.

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






ITEM:

17.     New Business  (Continued)

G.      Resolution Approving a Tax Refund to Twenty-One (21) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves the refund of property taxes to twenty-one (21) South Windsor taxpayers, said refunds totaling $40,126.82 and as shown on attached Exhibit B.

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

H.      Discussion Item – Appointment of “Alternates” to Board of Assessment Appeals  

Mayor Aman said he had received several requests for these Alternates—particularly this year with so many residents appealing their new tax assessment.  He said he felt it is something that should be done, and done soon.

Atty. Guliano explained that appointing “alternates” is already covered in the Town Charter; therefore, the Town Council can already appoint two Alternates.  Again, the Mayor pointed out that it was essential to get two names in for consideration as soon as possible—one, each, from the Republican and Democratic Town Committees.

I.      Resolution Approving the Transfer of $4,750 from the Contingency Account to the Town Manager’s Professional Account for Clean-up of Route 5

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $4,750 from Contingency Account Number 1910-9001-390 to the Town Manager’s Professional Account Number 1131-1310-320; and

(Resolution Continued on Next Page)



ITEM:

17.     I.  (Continued)


BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the expenditure of said $4,750 to pay for the total annual cost of maintenance and clean-up of Route 5 in South Windsor from the East Hartford Town Line to Sullivan Avenue.

Was made by:    Councillor Barbour
Seconded by:            Deputy Mayor Streeter

Councillor Burnham asked the Town Manager how many payments it made to this project each year.  Mr. Galligan replied that the Town was going to be “on the hook for the entire cost now.”  He explained that the South Windsor Chamber of Commerce used to go half with the Town on the project—they would pay $4,700, and the Town would pay $4,700.  

This, according to Mr. Galligan, was the last year the Chamber was involved in the program; and he pointed out that the decision the Council now had to make was whether or not it wished to continue in the program.  He did inform Council that the work was done by an individual who does a good job, at a “very cheap cost;” and keeps all of Route 5 in South Windsor “cleaned and manicured; and is constantly doing week control and spreading mulch, etc.”  

Councillor Barbour asked if, since the clean-up was primarily on the “east” side of Route 5, the railroad could not be pressured into helping with this program.  Mr. Galligan said that the railroad would probably never respond to the question since, as he put it, it never responds to much of anything.  The Department of Transportation owns much of the land in question.  The bulk of the property being cleaned, he reiterated is “Department of Transportation” property.  The Town has to get a Permit each year, he added, to access the DOT property in order to clean it up.

Councillor Pelkey said he was disappointed that the Chamber was no longer a “partner” with the Town on this program.  He continued by saying that each year the Chamber came before Council to read their “policy statement” regarding where controls should take place in the Town’s budget.  Taking that into consideration, the Councillor said he would be voting “against” this Resolution—it should either be a “partnership” or shouldn’t happen.
ITEM:

17.     I.  (Continued)

Mayor Aman then called for a vote on the Motion.  It was defeated 4 Ayes to 3 Nays as follows, and because of the need for 5 affirmative votes to approve a Resolution.

Councillor Barbour              Yes
Councillor Fine         No
Councillor Burnham              Yes
Councillor Paquin               No
Deputy Mayor Streeter   Yes
Councillor Pelkey               No
Mayor Aman                      Yes

(Councillors Havens and Delnicki were absent.)

18.     Passage of Ordinance  -  None

19.     Communications and Petitions from Council (Continued)

20.     Executive Session

A Motion was made by Councillor Pelkey to go into Executive Session to discuss negotiations regarding the sale of Town property rights; was seconded by Councillor Burnham, and approved, unanimously.

21.     Motion to Adjourn

        A Motion to adjourn was made, seconded, and duly approved following the Executive Session.

Respectfully submitted,

                                                        
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A and B)