TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 March 3, 2003
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor William Aman
Deputy Mayor Matthew Streeter
Councillor Barbara Barbour
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor John Pelkey
Members Absent: Councillor Paul Burnham
Councillor Edward F. Havens
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Aman called the meeting to order at 8:00 p.m., immediately recessed it in order to continue the Work Session, and reconvened the Regular Meeting at 8:45 p.m.
ITEM:
5. Public Input – None
6. Environmental Health & Safety Message - None
Before proceeding further, Deputy Mayor Streeter made a Motion to move Agenda Items 17. I. and 18. A. up to this point in the meeting. The Motion was seconded by Councillor Pelkey, and unanimously approved.
ITEM:
17. New Business
I. Resolution Requesting U. S. Congressmen to Resubmit Bill to Congress Amending the Internal Revenue Code of 1986 as it Relates to Tax Abatements for Volunteer Firefighters and Emergency Medical Responders
WHEREAS, the South Windsor Town Council wishes to thank United States Congressman John Larson, and United States Senator Christopher Dodd, for their submission to the 107th Congress of a Bill “To amend the Internal Revenue Code of 1986 to exclude from income and employment taxes and wage withholding property tax rebates and other benefits provided to volunteer firefighters and emergency medical responders:” and
WHEREAS, the 107th Congress forwarded said Bill to the House Ways and Means Committee where no action was taken on it prior to Congress’ recess; and
WHEREAS, Volunteer Firefighters and Ambulance Corps personnel, everywhere, continue to await the resolution of this tax abatement issue; and
WHEREAS, the South Windsor Town Council, on behalf of the many Volunteer Firefighters and Ambulance Corps personnel, continues to lend its full support and efforts on behalf of the passage of this very important legislation by the Congress of the United States;
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council again respectfully requests that Congressman Larson and Senator Dodd resubmit “the Bill to amend the Internal Revenue Code of 1986 to exclude from income and employment taxes and wage withholding property tax rebates and other benefits provided to volunteer firefighters and emergency medical responders” for consideration, at this time, by the 108th Congress; and
(Resolution Continued on Next Page)
ITEM:
17. I. (Continued)
BE IT FURTHER RESOLVED that the South Windsor Town Council respectfully requests that it be notified when this Bill has been resubmitted for reconsideration, so that it may continue to take an active role in lobbying for and advocating the passage of this legislation, and thanks Congressman Larson and Senator Dodd, in advance, for their anticipated updates to the South Windsor Town Council on the progress of this Bill as it makes its way through the 108th Congress.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Streeter
Councillor Delnicki spoke to this Resolution, thanking Senator Dodd and Congressman Larson for taking the initiative on this Bill, and stressing the importance of it being approved by the 108th Congress. He felt the letter received indicating that all of Connecticut’s Congressional Delegation endorsed this Bill was encouraging.
The Councillor also felt that this Resolution reaffirmed the South Windsor Town Council’s commitment to our Volunteer Firefighters and Ambulance Corps members to see that this legislation is passed and signed into law as soon as possible; and to raise the public’s awareness of the unfair ruling by the IRS as it pertains to these volunteers, and to remedy the situation.
Mayor Aman also addressed this issue, as did Patrick Hankard, 311 Felt Road, who said that the Resolution spoke for itself. He said he was present because, conversely, he felt the South Windsor Volunteer Fire Department owed the Town Council a “thank you” for the effort it has put, and continues to put, forth on behalf of the Towns Volunteer Firefighters and Ambulance Corps personnel.
The Motion was approved 6 Ayes to 1 Abstention (The abstention was cast by Councillor Deborah Fine who stated that she had a conflict of interest.)
ITEM:
18. Passage of Ordinance
(Before proceeding further, Mayor Aman stated that he would be excusing himself from participating in any discussion or vote on this Resolution because of his role in the “Homebuilders Association.” He then turned this portion of the meeting over to Deputy Mayor Streeter.)
A. Resolution Adopting an Ordinance Establishing Citation Procedures and Fines for Inland-Wetlands and Watercourses Violations
BE IT RESOLVED that the South Windsor Town Council hereby adopts An Ordinance Establishing Citation Procedures and Fines for Inland-Wetlands and Watercourses Violations as shown on attached Exhibit A., a copy of which Ordinance is on file in the Office of the Town Clerk.
Was made by: Councillor Delnicki
Seconded by: Councillor Pelkey
Town Attorney Barry Guliano explained, briefly, that this is an Ordinance requested by the Inland-Wetlands Agency; and pointed out that present in the audience were the Chairperson of the Inland-Wetlands Agency, Elizabeth Warren; and the Town’s Inland-Wetlands Enforcement Officer, Jeff Folder. He continued by explaining that this Ordinance is not meant to take the place of remedies that are already available to the public for wetlands violations, it would merely “add one more potential remedy.”
Atty. Guliano explained that this Ordinance would create a “local hearing procedure” whereby citations may be issued locally; the cases can be heard locally; and, if there are fines, they may be paid locally and maintained in South Windsor.
Continuing, Atty. Guliano stated that he had checked with nine (9) surrounding Towns; and of that number, six (6) “smaller Towns” had not adopted this type of Ordinance and had indicated they did not think it was necessary; however, three (3) surrounding Towns (Vernon, Coventry, and Tolland) have adopted this type of Ordinance.
Referring to concerns about the “hearing process” established by this Ordinance that were expressed by Mr. Richard Kelley at the Public Hearing, Atty. Guliano explained that the procedure outlined in the Ordinance is “virtually word for word from the Statute,” and we are required (if we adopt this Ordinance) to also adopt that procedure.
ITEM:
18. (Continued)
Referring to a handout he had distributed this evening, Atty. Guliano explained that this “Hearing Procedure for Citations” is a document that should “walk” the Council through exactly what the process would be.
The Town Attorney then, briefly, went through the information contained in the handout with the Members of the Town Council; and a discussion ensued with regard to “who” should issue the citation—i.e., the Town Manager, the Inland/Wetlands Enforcement Officer; etc. Atty. Guliano agreed that the I-W Enforcement Officer is the person who has the most expertise in that area and probably should be the one to serve in this capacity.
In terms of “fines,” Atty. Guliano explained, the Town Council here again had some “flexibility.” The only parameter he cited was that the fine “could not exceed $1,000.” With regard to fines, the Inland-Wetland Agency has chosen a schedule of: $250 for the first violation; $500 fine for the 2nd violation; and $1,000 for a 3rd, or subsequent violation.
More discussion followed regarding the enforcement and administration of this Ordinance. Also, following this discussion, Atty. Guliano did relay to Council that he had found the language in the State Statute that stipulates that “the Chief Executive Officer (in South Windsor’s case, the Town Manager) of such municipality shall appoint one or more Citation Hearing Officers.
Several Amendments to the language in the “Hearing Procedure for Citations” were made, seconded, and approved before a vote on the Amended Resolution was called for by the Deputy Mayor. Also, the Town Attorney suggested that this Hearing Procedure document could be used as a hearing process that is used throughout the Town for various violations—such as wetlands, zoning, Blight Ordinance, Noise Ordinance, etc. By passing this Ordinance, the Town Attorney said that this determination need not be made at this time. However, he added, funding should be in relation to the department using the process.
Deputy Mayor Streeter then called for a vote on the Amended Ordinance. It was approved, unanimously.
ITEM:
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of January 21, 2003; Regular Meeting of January 21, 2003; Work Session of February 3, 2003; and Regular Meeting of February 3, 2003.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Marge Anthony, Chairperson of Economic Development Commission, presented to the Town Council three (3) tax abatement proposals on behalf of EDC. (She then referred to Agenda Item 17. L. where these Tax Abatement/Partnership Proposals were listed as a “Discussion Item.” She then briefly went over the three proposals, the companies being: Dynamic Materials Corporation; Gator Associates/Advanced Performance Glass, Inc.; and Parkksite Plunkett-Webster.
Several Council Members asked for clarification with regard to what the Town Council expected in return from these companies—such as “spelling out” the number of employees they expected to maintain or increase to. Explaining further, Mayor Aman asked that the final Resolution coming before Council for consideration include the "reason why” the Town Council should approve a tax abatement for any particular company.
Mrs. Anthony suggested that this particular stipulation be discussed, in detail, at the time the EDC and the Town Council say down together to revise the “Economic Development Commission’s Incentive Plan.”
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reminded the Council that the Director of Planning, Marcia Banach, is present this evening to briefly update the Members on “Access Management.” Also included on tonight’s Agenda, he said, was a Resolution for “Wapping Landscape Phase II.” Mr. Galligan explained the reason this Resolution was needed.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Stating that another Resolution included this evening is one related to authorizing the Town Manager to enter into an Agreement for a Workforce Investment Act. This, he explained, is Federal Legislation originally earmarked for individual States to handle whereby the State would establish a committee authorized to access Federal dollars to “put people in employment;” and to aid in the training of unskilled workers, etc.
Continuing, Mr. Galligan said that the State of Connecticut decided to turn this program over to CRCOG, who then distributed this Agreement to 36 Towns. The Board determines how the Federal dollars are spent. One aspect of the Agreement, according to the Town Manager, that he and the Town Attorney had “very adamantly had fought last year for” was the liability question as it pertains to the Town’s Liability Insurance.
Since Members of this Board, in many cases, also serve other Committees, a liability question sometimes arises. Mr. Galligan said they were told that their own Town’s liability insurance would pay for any litigations, etc. This, according to Mr. Galligan, is not the case in South Windsor. Following urgings from the Town Attorney, the Workforce Committee now has its own Liability Insurance that covers its members. Both Mr. Galligan and Atty. Guliano, he said, were now comfortable with the liability issue.
Mr. Galligan said he would be attending the National League of Cities Conference in Washington D.C., and would be there from March 8 through March 11th. The main theme of the Conference, he added, would be concentrating on “First Responders” and the money promised to them as first responders in case of national disasters.
The “Clean Energy Fund” (the group who had sponsored the Town’s $2 million for the Fuel Cell in our High School) are having a big “fuel cell technology conference” at the Mohegan Sun Casinos. The reason for the choice of location , he added, was because the Mohegan Sun is operated by two or three fuel cells. In order to support the “Clean Energy Fund” people, and the installation of the fuel cell in South Windsor High School, the Town would be setting up a booth during this Conference displaying economic development material.
Mr. Galligan also said that he had been asked to sit on a panel at this Conference to discuss the fuel cell and its adaptation in South Windsor.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mr. Galligan mentioned that he had learned there will be a meeting on Tuesday, March 4, at the Community Center, called by residents who are “very upset” with what has happened with regard to Evergreen Walk, and the roadblocks arising out of litigation being generated by the Owners of the Buckland Hills Mall . These residents wish to form a group that will vocally “support” Evergreen Walk and the revenue it could generate for the Town of South Windsor.
“Leaf Pick-up” was the Town Manager’s next topic. During this past year, he said, the Town has picked up approximately 17,600 cubic yards of leaves. The program began on November 4, according to Mr. Galligan, and had to be halted on December31 because of snowstorms. Currently, Mr. Galligan added, there are about 2,000 cubic yard of leaves remaining on peoples lawns. Mr. Galligan’s recommendation was that residents with remaining leaves on their lawns be advised to make other arrangements to get rid of them; and that the Town would not be going back again to pick these up.
The Town Manager felt that were the Town to return in the Spring to remove leaves again, it would set the sweeping program, ballpark preparations, and the entire Spring clean-up programs far behind in their schedules. Mayor Aman asked Mr. Gantick how much monies were left in the Winchester Settlement Fund. Mr. Gantick replied that we had used most of the remainder of the fund for the “Slater Street cul-de-sac; however “about $5,000 remained.”
The Mayor then asked the Town Manager to talk about the “mid-year cuts—especially the tax incentive programs now in force and what the Town is allowed to do—so that the public is aware of the decisions the Town might have to make.
Mr. Galligan explained that State legislation recently passed and approved by the Governor has cut the Town’s “Pequot” funding by $21,000; it also reduced the “Town Road Aid” account by $59,000; and, he added, more importantly has reduced the Town’s “Manufacturing Equipment” tax reimbursement by $183,000—a tax break on personal manufacturing equipment provided to companies by the State. Through this program, the State actually pays the Town for those taxes rather than the companies having to pay.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Continuing, Mr. Galligan said it was unclear whether or not the Town could, recover the lost funds (should it lose these monies from the State) by directly billing the companies. The Town’s position was that it could be done; and the legislation passed with regard to this stated that the “Towns could resubmit tax bills to recoup some of that cost.” Once a copy of the wording on the full legislation is received, Mr. Galligan said he would then determine what the Town could recover for these taxes.
The Town Road Aid Fund, according to Mr. Galligan, does not affect the Town’s finances because it is an “off line budget item” that changes from year to year; therefore, the Town never budgets for that money in “Revenues.” When it comes in, he added, it is used in various programs. However, if the Town wishes to keep those programs going, it would have to “make up $60,000 somewhere.”
The cut in the “Pequot” funding, however, does directly affect the budget—and is a $21,000 reduction. However, cutting back in expenditures in January, and not allowing Departments to “hire” new people, etc. will keep the Town in good shape this year, according to Mr. Galligan. It’s next year, he said, that he is worried about.
Council questions followed; as did a lengthy discussion regarding the affects of this hard Winter on the Public Works budget. Of particular interest and concern was the handling of “left-over” leaves and their disposal. Mr. Gantick estimated there were about 4,000 cubic yards of piled leaves remaining—this, after two rounds of pick-up in every area.
Council Members wanted to know what to tell their constituents regarding another leaf pick-up, since many of them were receiving inquiries. Mr. Galligan said he would prefer that Town crews not be required to make another leaf pick-up—again, because of upcoming Spring clean-up programs, and the time they require. He also reminded Council of the possibility of “digging up lawns” in the process of picking up the leaves—particularly in view of the thawing process going on as a result of the end of late Winter weather.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councillor Paquin asked for an update on the fuel cell’s operation—how is it doing; how much money the Town is saving by having it; the curriculum-related activities at school; etc. Mr. Galligan said he would inform Dr. Wood and have him come up with figures and other information
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Pelkey said he had been at the State Capitol last week to speak on two Bills that were introduced by State Representative Kerensky and State Senator LeBeau that concerned the South WindsorTown Clerk’s Office. One of the Bills was with regard to the Town’s ability to put Town Records on disks and then be able to provide “certified electronic copies” to the public. The other Bill had to do with the Town being able to charge less for copies of Town records.
14. Public Participation - None
15. Consent Agenda
Motion to accept Agenda Items 17. A. through 17. G. as the Consent Agenda.
Was made by: Councillors Barbour and Pelkey
Seconded by: Deputy Mayor Streeter
The Motion was: Approved, unanimously
16. Unfinished Business - None
ITEM:
17. New Business
*A. Appointment of James Golden (R) as Full Member of the Board of Assessment Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints James Golden a Full Member of the Board of Assessment Appeals for a term ending November 30, 2003 to fill the unexpired term of Anatoli Dubecky, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*B. Appointment of Robert “Joe” Mongeon (R) as an Alternate to the Board of Assessment Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Robert “Joe” Mongeon as an Alternate to the Board of Assessment Appeals for a term ending November 30, 2006, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*C. Appointment of Thomas Barrett (D) as an Alternate to the Board of Assessment Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Thomas Barrett as an Alternate to the Board of Assessment Appeals for a term ending November 30, 2006, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*D. Appointment of Gary Pitcock (D) as an Alternate to the Historic District Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Gary Pitcock an Alternate to the Historic District Commission for a term ending November 30, 2003 to fill the unexpired term of Helen Flynn, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business (Continued)
*E. Appointment of William Grace (D) to the Inland Wetlands Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints William Grace a Full Member of the Inland Wetlands Agency for a term ending December 1, 2003, to fill the unexpired term of Richard Nicholson, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*F. Appointment of Janice Favreau (D) to the Human Relations Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Janice Favreau to the Human Relations Commission for a term ending November 30, 2005, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*G. Reappointment of Anita Cappalla (D) to the Human Relations Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Anita Cappalla to the Human Relations Commission for a term ending November 30, 2005, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
At this time, Mayor Aman asked for a Motion to move Agenda Item 17. J.(A Discussion Item regarding “Access Management”) up to this point in the meeting. The Motion was made by Councillor Paquin; duly seconded; and approved, unanimously.
ITEM:
17. New Business (Continued)
J. Discussion Item – Access Management
Marcia Banach, Director of Planning, addressed the Council on this issue, reminding them of a Memorandum she had forwarded to them regarding Access Management about one year ago when a similar discussion was held with Council. She then reviewed this subject briefly because, as she stated, nothing has changed since then.
The Council’s own Strategic Plan, she said, identified “traffic as one of the ten priority issues facing South Windsor. That Plan, she added, includes “Access Management,” as one of the responses to that particular issue. Ms. Banach then provided a little history regarding the Plan.
The Director of Planning said the Town started when it contracted with CRCOG for a Town-wide Transportation Study in the late 1980s. From this Study, she continued, the “Buckland Road/Sullivan Avenue Corridor” emerged as the “top” priority from that traffic study—due to existing problems and probable high traffic volumes (which, she added, are starting to be realized).
Without Town intervention, according to Ms. Banach, it became clear that this Corridor was the one that, over time, would become the most congested—have the most traffic accidents—and the poorest traffic flow. She then listed as the major recommendations from that Study as being: Physical improvements; and the adoption of an “Access Management Program.”
The “physical improvements” are being handled by Council, the Director said, by actually doing many of the improvements included in that Study; Council addressed the “Access Management” recommendation by beginning an access management program, which had a process directed by an “advisory committee,” including representatives from the Town Council, Boards and Commissions, residents, and business owners from the Corridor.
Two final reports were issued because of the aforementioned “program;” one being “Roadway Improvements;” and a “Recommended Land Use Regulations” to be implemented by the Planning and Zoning Commission.
ITEM:
17. J. (Continued)
According to Ms. Banach, “Access Management” itself is a transportation improvements strategy aimed at integrating land use planning, roadway design, and traffic operations—three things that, according to Ms. Banach, are very difficult to integrate.
Access Management responds to transportation difficulties and deficiencies—among them, congestion, loss of roadway capacity, and accident experience. Random or haphazard driveway placement is one of the leading causes of roadway deterioration and leads to a high accident analysis Ms. Banach reported. She cited a section of Sullivan Avenue between Geissler's Plaza and Troy Road as being an area of “very high accident rate” because of a “whole bunch of driveways very close together.”
The proliferation of driveways, Mr. Banach said, causes problems for the business owners as well by driving away customers that have difficulty accessing the businesses’ driveways due to traffic congestion—they just go elsewhere. That’s where “access management” comes in by addressing those problems through better management of the location, design, and operation of those driveways. Poorly designed “street intersections,” she added, also created those problems.
Reinvestment of roadway improvements or roadway designs (such as was experienced in prior years at Geissler’s/Colony Shops on Sullivan Avenue) she cited as a clear example of what it could cost the Town to correct a traffic congestion and accident experience situation caused by congestion due to poorly designed driveways. At this location, there used to exist “offset driveways” across from each other on Sullivan Avenue. The cost to the Town to correct this situation was —$100,000.
Ms. Banach predicted that those were the kind of investments the Town could look forward to in future years if "we don’t manage our driveways and our street intersections better.”
ITEM:
17. J. (Continued)
Planning and Zoning, she reported, have adopted their final report regarding “Access Management;” and then adopted “Access Management Regulations” in August of the Year 2000—which included such things as “driveway spacing requirements;” “maximum number of driveways for a single property;” shared-access requirements;” and “easements to abutting properties.” Provisions were also made for “temporary” driveways, she added, so that no property-owner is every denied access to his street.
The Director of Planning then briefly went through the various reports on the concept of “access management.” She then added that “the Plan has not yet been adopted by the Council.”
When it is adopted by the Town Council, then “Access Management” in the roadway corridor “becomes an official policy of this Council; and individual improvements could begin to be scheduled into the Capital Improvements Program—and more importantly, she added, the Plan’s recommendations would then be provided to the State’s Department of Transportation as the Town Council’s Policy; and used as a referral source by the State prior to their consideration of major road or intersection improvements.
Questions followed from the Town Councillors.
H. Resolution Approving Two (2) Projects for Submission to the Department of Revenue Services under Its “Neighborhood Assistance Act”
WHEREAS, Neighborhood Assistance Act funds will be used to provide a mobile classroom for instructional use across curriculum content areas at South Windsor High School; and
WHEREAS, the lab will allow the expanded use of technology by students without sacrificing potential class space; and
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
WHEREAS, the mobile classroom will contain thirty (30) laptops, a printer, and a projection device and will be configured to enable use by each curricular area, and will provide in-class research capabilities for social studies, composition, and revision for English, monitoring and recording of experiments in science, and formulation and graphing opportunities in mathematics; and
WHEREAS, a secondary project utilizing Neighborhood Assistance Act funds will be to increase the level of professional development for staff in the use and integration of technology; and
WHEREAS, time spent on professional development and training is a prime factor in the successful use of technology in the classroom and its integration into the curriculum; and
WHEREAS, the South Windsor Town Council held a Public Hearing on March 3, 2003, prior to its Regular Meeting, to receive citizen input on an application for funds, through the Neighborhood Assistance Act program for a school project entitled “Mobile Laptop”
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to submit such projects to the Department of Revenue Services under the Neighborhood Assistance Act.
Was made by: Councillor Barbour
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
I. Resolution Requesting U.S. Congressmen to Resubmit Bill to Congress Amending the Internal Revenue Code of 1986 as it Relates to Tax Abatements for Volunteer Firefighters and Emergency Medical Responders
(Addressed by Council earlier in the meeting; and approved unanimously.)
ITEM:
17. New Business (Continued)
J. Discussion Item: - Access Management
(Addressed earlier in the meeting.)
K. Resolution Authorizing the Town Manager to Enter into a Supplemental Agreement with the Connecticut Department of Transportation Regarding Wapping Landscaping Phase II
WHEREAS, on April 1, 1996, the South Windsor Town Council passed a Resolution authorizing the Town Manager to enter into an Agreement with the State of Connecticut for construction, inspection, and maintenance of Wapping Center landscaping utilizing Federal funds under the Enhancement Component of the Surface Transportation Program; and
WHEREAS, the total estimated cost for the construction phase of the Project ($163,000) has been exceeded by the actual costs ($166,242) based on a final audit performed by the State; and
WHEREAS, the maximum amount of reimbursement to South Windsor has been determined to be insufficient, and it has been agreed by the parties thereto that said reimbursement to the Town shall be increased to reflect the actual costs; and
WHEREAS, an Amendment to the original Agreement is necessary for the State to authorize the expenditure of the additional funds and to increase the maximum amount of reimbursement
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to sign the “First Supplemental Agreement to the Original Agreement Dated August 12, 1996, Between the State of Connecticut and the Town of South Windsor for the Construction, Inspection, and Maintenance of Wapping Center Landscaping Phase II Utilizing Federal Funds Under the Enhancement Component of the Surface Transportation Program.”
Was made by: Councillor Paquin
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
L. Discussion Item – Presentation of Three (3) Tax Abatement/Partnership Considerations from Economic Development Commission
(These tax abatement/partnership proposals were discussed under Agenda Item 9.)
M. Resolution Authorizing the Town Manager to Sign a Contract with the State for Home Management/Counseling Services
BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to execute and deliver in the name and on behalf of the Town of South Windsor a contract with the Department of Social Services, State of Connecticut for Home Management/Counseling.
Was made by: Councillor Paquin
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
N. Resolution Approving the Transfer of $5,000 from Contingency Account to the Donated Reward Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $5,000 from the Contingency Account Number 1910-9001-390 to the “Donated Reward” Account Number 0300-0205-060; and
BE IT FURTHER RESOLVED that said funds are to be used in accordance with the Policy for Offer of Rewards as established by the Town Attorney and approved by the Town Council at its Regular Meeting of February 18, 2003.
Was made by: Councillor Pelkey
Seconded by: Councillor Barbour
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
O. Resolution Offering a Reward of $3,000 for Information Regarding Vandalism at Rye Street Park Playground
WHEREAS, there have been repeated instances of vandalism and destruction of the playground fixtures at Rye Street Park over the past several years; and
WHEREAS, the South Windsor Town Council has recently adopted a policy of offering rewards to assist in solving or deterring crimes against public property
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council offers a reward of $3,000 to be paid for providing information leading to the arrest and conviction of the individual or individuals responsible for committing the vandalism and destruction at the Rye Street Park playground, said reward to be offered pursuant to the procedures of the recently adopted policy of the South Windsor Town Council.
Was made by: Councillor Pelkey
Seconded by: Councillor Barbour
The Motion was: Approved, unanimously
(At this time, Councillor Pelkey noted that it was approaching 11:00 p.m. and moved to extend the Regular Meeting in order to complete the Agenda. The Motion was seconded by Councillor Delnicki; and was approved, unanimously.)
ITEM:
17. New Business (Continued)
P. Resolution Setting a Time and Place for a Public Hearing on the Appropriation of $6,300 from the Capital and Non-Recurring Expenditures Account for Additional Deck Installation at Veterans’ Memorial Park Pool
BE IT RESOLVED that the South Windsor Town Council sets Monday, March 17, 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 the expenditure of $6,300 from the Capital and Non-Recurring Expenditures Account for additional deck installation at Veterans’ Memorial Park Pool.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
Q. Resolution Authorizing the Town Manager to Enter into an Intergovernmental Agreement on Behalf of the Town of South Windsor to Implement Workforce Investment Act Activities in Accordance with Federal and State Laws
WHEREAS, the Federal Workforce Investment Act of 1998 provides for a number of improvements to the job training system including—consolidation of numerous training programs; universal access to placement and training services for all individuals; enhanced accountability; and the use of vouchers to promote increased flexibility; and
WHEREAS, the Workforce Investment Act continues to give chief elected officials and their municipalities roles including: Joining together as the Grant recipient; designating a sub-Grant recipient; providing oversight in the activities of the Regional Workforce Board; approving the annual budget and work plan of the Regional Board; appointing members of the Regional Workforce Board; assuming ultimate responsibility for the fiscal integrity of programs funded by the Workforce Investment Act and other activities; and
(Resolution Continued on Next Page)
ITEM:
17. Q. (Continued)
WHEREAS, the Workforce Investment Act requires an intergovernmental agreement among the municipalities and their chief elected officials in each workforce investment area specifying: The process for selection of regional workforce board members; the designation of a Grant recipient and a sub-Grant recipient or administrative entity; the powers and authority of the consortium created by the participating municipalities; a statement with respect to accountability for funds allocated and other matters; and
WHEREAS, the Governor has recently reconstituted and designated a new Workforce Investment Area, thus requiring a new Intergovernmental Agreement
NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor acknowledges its authority and responsibility under the Workforce Investment Act and authorizes Town Manager Matthew B. Galligan to enter into the Intergovernmental Agreement on behalf of the municipality; and
BE IT FURTHER RESOLVED that the Town of South Windsor authorizes Mayor William Aman to serve as a member of the Consortium created by the Intergovernmental Agreement and to act for the Town of South Windsor on all Consortium matters.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
R. Resolution Approving a Refund of Property Taxes to Twenty (20) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty (20) South Windsor taxpayers, the total of said refunds being $33,690.13, and as shown on attached Exhibit B.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
18. Passage of Ordinance
A. Resolution Adopting an Ordinance Establishing Citation Procedures and Fines for Inland Wetlands and Watercourses Violations
BE IT RESOLVED that the South Windsor Town Council hereby adopts An Ordinance Establishing Citation Procedures and Fines for Inland-Wetlands and Watercourses Violation as shown on attached Exhibit A, a copy of which Ordinance is on file in the Office of the Town Clerk.
(Agenda Item 18. A. was taken care of earlier in this meeting.)
B. Resolution Adopting 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”
BE IT RESOLVED that the South Windsor Town Council hereby adopts 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, said Amended Section 2-526 to read as follows:
“ARTICLE V. FINANCE
Sec. 2-526 Director, Officers and Other Personnel of Department
of Finance
(a) There is created the separate positions of either Director of Finance or Controller, such position being at the option of the Town Manager, as well as the positions of Assistant Director of Finance, Payroll Coordinator and two (2) Staff Accountants pursuant to Section 608 of the Charter.
(b) Effective upon the date of appointment of a Director of Finance, the Town Manager shall no longer be the Director of Finance, except during vacancies in that Office as may occur from time to time.
(Resolution Continued on Next Page)
ITEM:
18. B. (Continued)
(c) The Director of Finance shall have the authority and responsibility provided in the Charter and shall work under the direct supervision of the Town Manager.
(d) The Controller (if applicable), Assistant Director of Finance, Payroll Coordinator and two (2) Staff Accountants shall have the authority and responsibility as determined by the Town Manager and shall work under the direct supervision of the Director of Finance.”
Was made by: Councillor Fine
Seconded by: Councillor Barbour
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 11:05 p.m. by Councillor Fine; was seconded by Councillor Paquin, and was approved. Unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit B.)
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