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Regular Meeting
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
ACTION MINUTES  Page 1  June 2, 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 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     
                

Mayor Aman called the meeting to order at 8:00 p.m.; immediately recessed it to continue the Work Session and Public Hearing, and then reconvened the Regular Meeting at 8:50 p.m.  

Prior to the Roll Call, Mayor Aman asked Dennis Sheridan (Director of Youth and Family Services) to come forward to explain to Council the reason that two “Certificates of Recognition” were being presented this evening to Karly Danais (and) Alison O’Brien.  These two young women are South Windsor High School Juniors were being recognized this evening for developing a project called “The Care Clothing Closet.”  Ms. Danais and Ms. O’Brien explained that this was a “closet for all students who don’t have enough clothes to feel comfortable in their school atmosphere, and with their peers.”  The Mayor then thanked them both for their efforts and the service they were performing.  He then presented the Certificates to the young women.

ITEM:

5.      Public Input  -  None

6.     Environmental Health & Safety Message  -  None

ITEM:


7.      Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Work Session of April 21, 2003; Public Hearing of April 21, 2003; and Regular Meeting of April 21, 2003.

Was made by:    Councillor Pelkey
Seconded by:            Councillor Fine
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

Mr. Galligan reported that the Town’s Redevelopment Agency will be holding a Public Hearing on June 16, at 6:30 p.m. on the I-291 Corridor.  The Plan for this Corridor is completed; and the Town is looking to having the Agency adopt the Plan the same night—and they hoped that Council could do the same.

After its adoption, the Town will be putting out a Request For Proposal for a “business-type” hotel in that area.  Also, a local business is looking to expand in that area, he explained; and another business that is looking to build 20,000 to 30,000 square feet and who feels this would be a “perfect spot for it.”

Concerning the issues raised by Councillor Barbour with regard to Union School, and combining school staff and time, Mr. Galligan said he tried to answer her questions; and, what transpired, was in the Town Manager’s report.

Mr. Galligan, referring to the Board of Education surplus monies usually returned to the Board at the end of the year, asked to bring to the Town Council’s attention that there is a situation in our “Fund Balance” this year whereby the Town has lost $600,000 to $700,000 of income (some of which cannot be built back).  He explained where these losses came in.


ITEM:

10.     Communications and Reports from Town Manager   (Continued)

Another item of interest is that the Town will be doing a “walkability community initiative.”  This will be on June 10, 2003, from 1:00 to 5:00 p.m. in the Friends Room of the South Windsor Public Library.

Councillor Paquin, referring to Board of Education’s surplus of $140,000, asked if this figure was correct; and was told it is correct.  Councillor Havens said he needed a “better explanation of that, and so did the public.  The Councillor said that Dr. Wood had reported, in The Hartford Courant that the $540,000 would help him to get back where “he wanted to be.”  Councillor Havens asked if this was a “misprint.”

When asked to explain, Don Neel (Bd. Of Ed. Business Manager) explained that these were really two different issues—the $540,000 is a combination of surplus projected for this current year plus monies left over from the year just past.  Continuing, he said that the $140,000 is left over from the 2001/2002 budget because of leftover outstanding Purchase Orders; and a large one was tuition for a Special Education student who moved away.

More questions followed from the Councillors regarding these monies, with answers being provided by the Town Manager and the Business Manager of the Board of Education.

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Councillor Burnham introduced an “intern” from The Hartford Courant who was present this evening; and noted that he was pleased to see someone present from that newspaper this evening.

Councillor Delnicki said he received a copy of HR1859 (the recently resubmitted Bill from Congressman Larson and sponsored by all of the State of Connecticut’s Legislators.)  This Bill, he added, is the one for the Volunteer Firefighters and Ambulance Corps members granting them a tax abatement.  He asked the Mayor to make sure all appropriate persons receive a copy.

ITEM:

10.     Communications and Reports from Town Manager   (Continued)

Councillor Fine thanked Bob Selig for the loan of his “big beautiful Thunderbird” as a transport vehicle for the “Gold Star Mom” for the Memorial Day Parade.  She wanted this generous gesture on Mr. Selig’s part acknowledged publicly.

Councillor Havens wanted to discuss the possibility of removing the “No Parking” signs along Ayers Road where parents were parking during their children’s ballgames.  He asked why there was no parking in this area—particularly since “no one paid attention” to that fact, and everyone was getting “tickets,” or “warnings.”  Again, he asked, that a request be put to the Police Chief to remove these signs.

Town Manager Galligan replied that the “sign is up there for convenience;” placed there for out-of-towners who would not be aware that no parking was allowed at this location.  Part of the Planning and Zoning approval of the lights at the Little League Field was the stipulation that no cars be parked along this road because it created a “dangerous situation.”  That is why sidewalks are being considered along this area.

Mayor Aman then read into the record a letter from Mrs. Daria Plummer, 235 Orchard Hill Drive, in which Mrs. Plummer commended the Town emergency services (Police, Fire, and Ambulance) provided by South Windsor for its residents.  (A copy of the letter is attched as Exhibit C.)

14.     Public Participation

Mary Etter, Director of the South Windsor Public Library, filled the Council in on those programs the Library was running for the remainder of this Fiscal Year, as well as “summer programs” being planned.

15.     Consent Agenda  -  None



ITEM:

16.    Unfinished Business

A.      Resolution Approving the Expenditure of $120,000 from the Capital and Non-Recurring Expenditures Account for “Improvements to the High School Cafeteria and Servery Ventilation

BE IT RESOLVED that the South Windsor Town Council, having held a Public Hearing earlier this evening on the expenditure of $120,000 from the Capital and Non-Recurring Expenditure Account for Improvements to the High School Cafeteria and Servery Ventilation, does hereby approve said expenditure from the 2003/2004 budget and authorizes Town Manager Matthew B. Galligan to transfer said funds to a separate capital project account for said purpose at some time after July 1, 2003.

Was made by:    Councillor Burnham
Seconded by:            Councillor Pelkey

Councillor Burnham moved to delete the words “earlier this evening” in view of the fact that this Resolution had been “tabled” at the meeting of May 19, 2003—the same evening of the Public Hearing.  The Motion to delete was seconded by Deputy Mayor Streeter; and approved, unanimously.

Following discussion on this Resolution by the Members of the Town Council, the Resolution was approved by a vote of 8 Ayes to 1 Nay, on a Roll Call vote, as follows:

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


ITEM:

16.    Unfinished Business  (Continued)

B.      Resolution Approving the Expenditure of $50,600 from the Capital and Non-Recurring Expenditures Account for “Replacement of High School Kitchen Equipment

BE IT RESOLVED that the South Windsor Town Council, having held a Public Hearing earlier this evening on the expenditure of $50,600 from the Capital and Non-Recurring Expenditure Account for the Replacement of High School Kitchen Equipment, does hereby approve said expenditure from the 2003/2004 budget and authorizes Town Manager Matthew B. Galligan to transfer said funds to a separate capital project account for said purpose at some time after July 1, 2003.

Was made by:    Councillor Paquin
Seconded by:            Councillor Pelkey

Again, Councillor Burnham moved to delete the words “earlier this evening” in view of the fact that this Resolution had been “tabled” at the meeting of May 19, 2003—the same evening of the Public Hearing.  The Motion to delete was seconded by Deputy Mayor Streeter; and approved, unanimously.

Following discussion on this Resolution by the Members of the Town Council, and an elaboration on exactly what equipment this Resolution covered by Donald Neel, Business Manager for the Board of Education, aided by further information from Councillor Burnham, this Resolution was approved by a vote of 8 Ayes to 1 Nay, on a Roll Call vote, as follows:

        Councillor Burnham                      No
        Councillor Fine                 Yes
        Councillor Barbour                      Yes
        Councillor Havens                       Yes
        Councillor Delnicki                     Yes
        Councillor Paquin                       Yes
        Deputy Mayor Streeter           Yes
        Councillor Pelkey                       Yes
        Mayor Aman                              Yes
ITEM:

16.    Unfinished Business  (Continued)

C.      Resolution Approving the Expenditure of $250,000 from the Capital and Non-Recurring Expenditures Account for “Resurfacing of High School Track

BE IT RESOLVED that the South Windsor Town Council, having held a Public Hearing earlier this evening on the expenditure of a total of $250,000 from the Capital and Non-Recurring Expenditure Account for Resurfacing of High School Track, does hereby approve said expenditure from the 2003/2004 budget and authorizes Town Manager Matthew B. Galligan to transfer said funds to a separate capital project account for said purpose at some time after July 1, 2003.

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

Councillor Pelkey moved to delete the words “earlier this evening” in view of the fact that this Resolution had been “tabled” at the meeting of May 19, 2003—the same evening of the Public Hearing.  The Motion to delete was seconded by Deputy Mayor Streeter; and approved, unanimously.

There was no discussion on this Resolution.

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

17.     New Business

A.      Appointment of Elizabeth McGuire (D) to the Drug & Alcohol Abuse Prevention Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Elizabeth McGuire to the Drug & Alcohol Abuse Prevention Commission for a term ending September 1, 2004 to fill the unexpired term of Judith Paquin, and hereby tables the same.

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

17.    New Business  (Continued)

B.      Resolution Approving a Refund of Property Taxes to Six (6) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to six (6) South Windsor taxpayers, said refunds totaling $414.42, and as shown on attached Exhibit A.

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

C.      Resolution Approving the Spending of $140,369 of Board of Education Prior Year Encumbrances for Purposes Other than Those Originally Intended

WHEREAS, the South Windsor Board of Education had $852,120.67 encumbered at the end of the 2001/2002 Fiscal Year; and

WHEREAS, the South Windsor Board of Education has stated that $140,369 of the 2001/2002 encumbrance is not needed for its originally intended purpose

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Board of Education to spend the $140,369 in the 2003/2004 Fiscal Year for purposes other than those originally intended.

Was made by:    Councillor Barbour
Seconded by:            Councillor Burnham

The Motion was approved 6 Ayes to 3 Nays, on a Roll Call vote, as follows:

        Councillor Barbour                      Yes
        Councillor Fine                 No
        Councillor Burnham                      Yes

(Resolution Continued on Next Page)

ITEM:

17.    C.  (Continued)


        Councillor Havens                       Yes
        Councillor Delnicki                     Yes
        Councillor Paquin                       No
        Deputy Mayor Streeter           Yes
        Councillor Pelkey                       No
        Mayor Aman                              Yes

D.      Resolution Approving the Transfer of $5,000 from the Social Security Account to the Planning Department’s Professional Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $5,000 from the Social Security Account Number 1930-9006-130 to the Planning Department’s Professional Account Number 1143-1430-320 to cover the cost of two (2) Traffic Calming Workshops.

Was made by:    Councillor Pelkey
Seconded by:            Councillor Delnicki

Following a brief discussion, the Motion was approved 8 Ayes to 1 Nay on a Roll Call vote, as follows:

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




ITEM:

17.    New Business  (Continued)

E.      Resolution Adopting an Access Management Program for Sullivan Avenue and Buckland Road

WHEREAS, the Town Council has reviewed the report titled “FINAL REPORT ROADWAY IMPROVEMENTS (Access Management Program for Sullivan Avenue/Buckland Road Corridor);” and

WHEREAS, the Town Council has determined that the Access Management Program, as described in the Final Report, serves the public interest

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the Final Report as the Council’s Access Management Program for Sullivan Avenue and Buckland Road

Motion made by: Councillor Delnicki
Seconded by:            Deputy Mayor Streeter

Councillor Delnicki moved to Amend the Final Report, under Section 6.2 – New or Modified Intersections – by eliminating the 3rd “bullet – “The Alignment of West Road and Troy Road Intersections.”  Councillor Delnicki then explained his reasons for putting forth the Amendment.

Also rising to speak to this Amendment was Atty. John Woodcock, a property-owner at this intersection, who said he was present to also represent other property-owners around these two roads.  He said that they had no problem with the concept of “access management” all around this area.  However, the opposition they do have is with the Town Council being on record as supporting the realigning of those two roads to make one intersection; because, as he added, that would have “profound consequences to all of these property-owners.”

The Motion to Amend was seconded by Councillor Pelkey.


ITEM:

17.    E.  (Continued)


Mayor Aman then called for a vote on the Amendment.  The Amendment was approved 7 Ayes to 2 Abstentions, on a Roll Call vote, as follows:

        Councillor Barbour                      Abstained
        Councillor Fine                 Yes
        Councillor Burnham                      Yes
        Councillor Havens                       Abstained
        Councillor Delnicki                     Yes
        Councillor Paquin                       Yes
        Deputy Mayor Streeter           Yes
        Councillor Pelkey                       Yes
        Mayor Aman                              Yes

Mayor Aman then called for a vote on the Amended Resolution.  The Amended Resolution was approved 8 Ayes to 1 Abstention, on a Roll Call vote, as follows:

        Councillor Barbour                      Yes
        Councillor Fine                 Yes
        Councillor Burnham                      Yes
        Councillor Havens                       Abstained
        Councillor Delnicki                     Yes
        Councillor Paquin                       Yes
        Deputy Mayor Streeter           Yes
        Councillor Pelkey                       Yes
        Mayor Aman                              Yes

F.      Resolution to Adopt an “Amended” Economic Development Incentive Plan

WHEREAS, the Town of South Windsor’s Economic Development Incentive Program was first adopted in July 1990 with the intention of promoting and attracting new businesses to our community but, also, encouraging the expansion of existing businesses within our business community; and


(Resolution Continued on Next Page


ITEM:

17.    F.  (Continued)


WHEREAS, it is also the intention of the South Windsor Town Council to support our business community by offering as attractive an Economic Development Incentive Program as possible while at the same time presenting a program that offers all that is allowable by State Statute

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts an Economic Development Incentive Program, attached hereto as Exhibit B., including changes as proposed by the Town Attorney, Town Manager, and Economic Development Commission, which changes are meant to clarify and enhance the Program being offered by the Town of South Windsor to its valued present and future business community.

Was made by:    Councillor Fine
Seconded by:            Councillor Barbour

At this time, Mayor Aman asked for a “Motion to Table” this Resolution—the reason being that the Economic Development Commission has not had a chance to review it; and the changes Council made this week would be acted upon by the EDC this upcoming Wednesday evening (6/4).  

Councillor Fine then Moved to Table; the Motion was seconded by Councillor Pelkey; and the Motion was approved, unanimously.

G.      Discussion Item:  I-291 Municipal Development Plan

Town Manager Matthew Galligan reported that the Redevelopment Agency had finally finished its Plan; and that, basically, the Plan is to encourage development in this project area consistent with the land use controls currently in place.  He also said that the Redevelopment Agency felt that no changes were needed; and the area not only met the requirements of Planning and Zoning but was very “developable.”  

The only problem anticipated at this location was getting “utilities” to that particular area.


ITEM:

17.    G.   (Continued)


To further explain, Mr. Galligan said that the plan is to--construct infrastructure improvements necessary to support development at this location; provide assistance for the rehabilitation and investment in existing commercial/industrial properties; implement economic development activities for protection of wetland areas and adjacent residential neighborhoods; create increased employment opportunities; and strengthen the tax base of South Windsor.

Continuing, Mr. Galligan explained that the Plan, itself, is in the first phase, and the Town is looking at “about $800,000 of which $500,000 would come from a STEAP Grant (a small Town economic assistance program); and the remaining $300,000 has been appropriated by the Town Council in the Capital Projects budget.

Bringing the Council up to date, Mr. Galligan said that this document has been given to the Town’s Planning and Zoning Department for their review within the 30-day limit for them to comment.  Also reviewing the document is the regional planning agency—in our case CRCOG.  No response from either agency will indicate that it is all right to move forward, according to Mr. Galligan.

The Redevelopment Agency, according to the Town Manager, will be holding a Public Hearing on June 16, 2003—at which time they are expected to approve the Plan.  He requested that Town Council follow up with their approval soon after June 16 so that “Requests for Proposals” may go out shortly after that time for a “hotel” to be built at that location.

One remaining issue still being “wrestled with” and one that a legal opinion would probably be necessary, Mr. Galligan said, is because this property was acquired by the Town, for $1.00, from the State of Connecticut.  State Legislation and the “deed,” however, stipulates that if the Town sells this land for economic development purposes then the money it acquires has to go back to the Department of Transportation so that it can continue to build its “road improvement fund.”  




ITEM:

17.    G.   (Continued)


This, he said, is not a problem since it is required that two (2) appraisals be done.  However, he added, the question that does arise is with regard to a “deed restriction” regarding economic development on this land.  

He said the Town Attorney would be looking into such matters as:  Making certain that a referendum is not needed to sell this land; what broad powers the Redevelopment Agency has with regard to this deed restriction; and, finally, does the Town, in effect, really own the property considering the fact that there is a deed restriction, and any monies acquired through the sale of this land would go back to the State.”

According to the Town Manager, a true MDP (Municipal Development Plan) includes the “condemnation of properties; taking of properties; creating an environment where a redevelopment agency totally disregards your “land use agencies,” and has to power to go ahead an approve anything they want pushing for economic development.  In this instance, however, they did not do this.  

Mr. Galligan stressed that “you can’t get a Grant under any of these types of programs without having a “municipal development project.”

Further discussion and questions from Council Members with regard to this issue, followed.  

H.      Discussion Item:  Possible Referendum Question in November 2003
                        Seeking Voter Approval of a 7.0 Million Dollar Road, Drainage, and
                        Intersection Improvement Plan

Councillor Barbour addressed this item by reminding Council that she had brought this forward at a recent previous Town Council meeting—the result, she said, of sitting on the Capital Projects Committee and observing for months (and, in some cases, years) the “putting off” of Town road and infrastructure work being put off.



ITEM:

17.    H.   (Continued)


This “falling further and further behind,” coupled with existing extremely attractive low interest rates,” she said, led her to have a meeting with the Town Manager and his staff to look at the possibility of having a Referendum for a Bond issue that would take care of the Town’s road and infrastructure, and pay for it practically “interest free.”

Summing up, Councillor Barbour, said she would try to address any questions Council may have; but, basically, what she was trying to do was to take all the road, drainage, and intersection issues, put them all together in a bond for approximately $7 million that would run for 20 years, at an interest rate of 3.7 (+/1) costing the average homeowner about $38, annually, including interest.  

The Councillor, following questions from the other Members of the Council, explained the effects of GASBY on this proposal, the time schedule for completing the projects included in this Referendum, and the expected escalating annual bonding costs over the years of the bond issue.

Questions and comments from the Members of the Town Council followed.

Concluding comments touched on getting a list of the type of projects being considered for this Referendum Question; a time schedule associated with each; what it would take to design; etc.  Mayor Aman asked for a “rough outline of which projects would be included; a ballpark estimate of cost, etc. and a time schedule of how they can be done.

The Town Manager asked if the Mayor wished further information with regard to Council’s “other priorities.”  Mayor Aman suggested that perhaps the 3rd Monday in June (6/16) there be a Work Session where the discussion would center around all of the various questions that have been raised—Union School; the $7 Million for Roads, etc.; or I-291.  




ITEM:



18.     Passage of Ordinance  None


19.     Communications and Petitions from Council (Continued)


20.     Executive Session

At approximately 10:20 p.m., Town Attorney Barry Guliano asked for a brief Executive Session to discuss potential claims and litigation.  It was so moved by Deputy Mayor Streeter; duly seconded; and approved, unanimously.

21.     Motion to Adjourn

A Motion to adjourn was made immediately following the conclusion of the Executive Session.


Respectfully submitted,


                                                                        
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A., B. and C.)