TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 July 21, 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
After calling the Regular Meeting to order at 8:00 p.m. and immediately recessing it to continue the Work Session, Mayor Aman reconvened the Regular Meeting at 8:30 p.m.
ITEM:
5. Public Input - None
(At this time, Councillor Delnicki moved to take Agenda Item 16. A. out of order; and to bring it forward. The Motion was seconded by Councillor Barbour; and was unanimously approved.)
16. Unfinished Business
A. Resolution Appointing Cary Prague (R) to the Board of Education
BE IT RESOLVED that the South Windsor Town Council appoints Cary Prague to the South Windsor Board of Education for a term ending November 10, 2003 to fill the unexpired term of David W. Wilson.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
16. A. (Continued)
Mayor Aman then asked Town Clerk Gretchen Bickford to come forward to swear in Cary Prague as a Member of the South Windsor Board of Education. After the administration of the Oath of Office to Mr. Prague, he was congratulated by the Town Council and others present.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the Joint Work Session of the Town Council and the Board of Education of April 28, 2003.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was approved, on a Roll Call vote, 7 Ayes to 2 Abstentions. The two Abstentions were by Councillors Barbour and Havens because of their absence from this meeting.
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Town Manager Galligan referred to a copy of a national magazine called Recreation Management which featured, in this issue, the “Innovative Architecture and Design Award,” which went to South Windsor’s Veterans’ Memorial Park Pool.
The choice, he added, is made by a group of Architects; and had been submitted by the Pool’s architect. VMP was chosen as being “one of the best laid-out and cost effective pools in the country.” He then read remarks made by two of the judges.
Referring to a Preliminary Plan for Recreation Needs submitted recently by the Park and Recreation Commission, Mr. Galligan said that he would be working with the Commission on this during August.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Continuing, the Town Manager said he understood that the Town Council was looking for a “full blown report in September;” and he would work to have more definitive costs by that time, also.
Next, Mr. Galligan informed Council that, recently, the Board of Education approved to have “paid” parking at the High School. He, and Town staff, believe this will be a problem for Town forces. The parking fee, he added, is $100. With this in mind, he expressed his and Town staff concern that students not willing or able to pay the $100 fee, will be parking in Ayers Road parking lot, at the Community Center, or on the street because it’s “free.”
He pointed out that the parking lots referred to “have to be plowed and maintained;” and, perhaps the Town Council would entertain some type of a proposal whereby the Town could also charge for parking in these other areas, or charge a “lesser” fee, or something of that nature. He said that he and staff would try to provide Council with suggestions regarding this sometime in August.
The Town Manager then turned over a portion of his time under this Item to the Town Attorney who wished to speak on additional issues with regard to “Charter Revision.”
Atty. Guliano then corrected a comment that he had previously made regarding “limiting what the Charter Revision Commission can look at.” It was correct that the Commission can look at the entire Charter and recommend any changes.
However, he said, the question was asked--When the recommendations come back to Council, “can the Council pick and choose which portions of the revisions it wants to go forward with, and which it doesn’t.” Atty. Guliano said he had previously told Council “it could not;” and that answer, he said, was wrong.
In truth, Atty. Guliano said, the Town Council can pick out those portions of the recommendations from the Commission that it chose to approve, and those portions that it didn’t. Even the Referendum itself, he added, can be set up with separate questions.
Councillor Havens then raised some questions with regard to the “parking issue” at the High School; and, in conclusion, stated that with some issues that arose, there was no lead-time that allowed Council to prepare to have solutions or answers. He felt; however, that this was not the case this time.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Since the Town Manager and Town Council were now aware that this could be a serious when school started September 2, it allowed ample time for the Town Manager to confer with Dr. Wood, Superintendent of Schools, to see if something could be worked now. The Councillor then added that he would not be in favor of charging anyone for parking in Town lots.
Mayor Aman added that one of his main concerns were the residents in that area. He asked that the Town Manager make certain that the streets in the surrounding area, within walking distance of the High School (especially Nevers Road and Ayers Road), were signed “No Parking” before school starts. He said he did not know what to do about the other parking lots at Ayers Road and the Community Center. The Mayor did stress, however, that the parking lot at the Community Center “definitely has to be monitored.”
Councillor Delnicki then asked that a letter go to the Board of Education from the Town Council asking the Board to reconsider the $100 parking fee. He, too, was very concerned about the affect this fee would have on an already problematic situation.
Town Manager Galligan said he would work with the Superintendent of Schools and arrive at “some sort of conclusion.”
11. Reports from Standing Committees - None
12. Reports of Temporary Committees
Councillor Delnicki provided Council with an update on a recent meeting of the Council’s Naming of Public Lands and Buildings Subcommittee. He said that Mr. William Willard had attended the meeting and provided the Subcommittee with an interesting history on the “Stoughton Family” in South Windsor.
A formal report will be presented to Council at its next meeting; with some type of action to be taken on what name to go with.
13. Communications and Petitions from Council
Councillor Havens spoke to the Town Manager’s proposed plan to move the Library to Evergreen Walk. He said he wanted the listening public to know that this was the “Town Manager’s concept and proposal; not the Town Council’s idea.” Councillor Havens added that he would not support this proposal for the foreseeable future.
ITEM:
13. Communications and Petitions from Council (Continued)
On another issue, Councillor Havens told the Town Manager that something had to be done about the “left-hand turns” out of the Library/Town Hall driveway.” He predicted that someone could be seriously hurt or killed trying to get out of that driveway. He asked the Town Manager to speak with someone at South Windsor’s traffic authority, and the State Traffic Commission to see if anything (or nothing) can be done about this situation.
The “safest way,” according to the Town Manager, is to have “one-way traffic going in; and then having people exit through the back onto Peterson Way over to Route 74, and the light on Sullivan Avenue.
Mr. Galligan then addressed the Councillor’s remarks regarding moving the Library to Evergreen Walk. He said that such a proposal was probably three to four years away; and was made with the “space needs” of the Town in mind.
Mayor Aman agreed with Councillor Havens that the proposal had started a “tremendous amount of dialogue”—and, he added, the opposition came from people he really did not expect it to come from.
Town Manager Galligan stated that he also didn’t want the public to think that “Evergreen Walk needs a library to be the economic engine.” He explained how many businesses were already scheduled to go into that location. He felt that it was something that should be looked at as a possible remedy to the Town’s space needs in the future.
A further discussion on this topic ensued, followed by comments and questions from the Town Councillors.
Councillor Pelkey then said he wished to bring another matter of Town business to Council’s attention. He said that because of the sensitivity of the matter, he wished to be as clear, concise, and factual as possible.
Councillor Pelkey went on to voice his objection and question the status of Councillor Barbara Barbour’s membership on South Windsor’s Redevelopment Agency. Stating that as early as Council’s first meetings following their election in the Fall of 2001, he had suggested that a replacement should be found for Councillor Barbour on that Agency because of a “conflict of interest,” or, equally important he added, a “conflict of duties” that could occur.
ITEM:
13. Communications and Petitions from Council (Continued)
Councillor Pelkey then referred to the Town Attorney’s opinions on this issue, and asked the Clerk of the Council to make it a part of the record. (Copy attached.) The Councillor then went through the “conclusion” that was contained in the Town Attorney’s final opinion on this subject. The Councillor also offered his recommendations to rectify this situation
Mayor Aman asked the Town Manager, who is also Chair of the Redevelopment Agency, if he had any comments. Mr. Galligan replied that he had tried on numerous occasions to replace Councillor Barbour on the Redevelopment Agency. The people being sought to serve on this agency should be from the business community, he added, and, this makes it difficult to acquire a member who will not have to worry about a conflict of interest because of their employer or position with their firm.
At this time, Atty. Guliano reiterated the fact that, prior to Councillor Barbour being elected to the Town Council, she had come to him for an opinion on her status with the Redevelopment Agency; and, at that time, he had stated that he felt it was not a conflict, and he had indicated that to her. It was only after the election that Atty. Guliano, when researching another matter, had come across the provision of the Charter that had corrected his original opinion.
Councillor Barbour wanted it noted for the record that she “has not been reappointed.” She stated that she was still serving out her original term, which appointment was made prior to her being elected to the Council. The Councillor also felt that when working on a process such as I-291, as the Redevelopment Agency has been, it is “very helpful if the same people complete that process.”
Several Members of the Town Council, and the Town Manager, then discussed and exchanged ideas with regard to such items as: Bidding out and coordinating refuse collection services with other surrounding communities; combining “animal control facilities;” etc. Also discussed was beginning next year’s budget process as soon as possible; and the upcoming “10-Year Budget Plan” to be received by Council sometime this September.
14. Public Participation
Cary Prague, 60 Krawski Drive, and a Member of the Park and Recreation Commission, filled Council in on a new program this Summer at VMP on Friday evening called “Cinema VMP.”
ITEM:
14. Public Participation (Continued)
On another matter, Mr. Prague suggested that Council must “revisit” another controversial item—the program for “bulky waste” pick-up. He cited an incident that had occurred at his place of business where someone from the outside had driven into the parking lot where he worked and “dumped” air conditioners into the company’s dumpster. He felt that more of this type of “illegal dumping” would continue to occur under the present program; and should be watched for in South Windsor.
15. Consent Agenda - None
16. Unfinished Business (Continued)
A. Resolution Appointing Cary Prague (R) to the Board of Education
(Addressed earlier in the meeting)
B. Resolution Appointing Jefferson Streeter (R) an Alternate to the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council appoints Jefferson Streeter an Alternate to the Water Pollution Control Authority for a term ending November 30, 2005.
Was made by: Councillor Delnicki
Seconded by: Councillor Barbour
The Motion was approved 8 Ayes to 1 Abstention, on a Roll Call vote, the one abstention being cast by Deputy Mayor Streeter who refrained from voting because of a “conflict of interest.”
17. New Business
A. Resolution Approving the Construction of Sidewalk on Bidwell Road and Reimbursement for Cost of Said Construction by UTC Fuel Cells, LLC
WHEREAS, UTC Fuel Cells, LLC has requested that a sidewalk be constructed between 90/100 Bidwell Road and 60 Bidwell Road in South Windsor, Connecticut along property which is owned and/or leased to UTC Fuel Cells, LLC; and
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
WHEREAS, UTC Fuel Cells, LLC has agreed to pay for the installation of said sidewalk by making a payment to the Town’s Sidewalk Fund in the amount representing the cost of the installation of said sidewalk by the Town; and
WHEREAS, the Town Council conducted a Public Hearing on April 21, 2003, after notice pursuant to Section 86-86 of the Town Code of Ordinances; and
WHEREAS, the South Windsor Town Council has determined that said sidewalk will serve the public necessity and convenience, but only upon the condition that the cost of construction of said sidewalk is paid in full by UTC Fuel Cells, LLC.
NOW, THEREFORE, BE IT RESOLVED that the Town Council finds, after Public Hearing, that a sidewalk between 90/100 Bidwell Road and 60 Bidwell Road would serve the public necessity and convenience, but only upon the condition that the cost of construction of said sidewalk is paid in full by UTC Fuel Cells, LLC; and
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to obtain competitive bids for the construction of said sidewalk and to advise UTC Fuel Cells, LLC of the cost for said construction, for which UTC Fuel Cells, LLC shall pay full reimbursement to the Town’s Sidewalk Fund before any construction is undertaken.
Was made by: Councillor Paquin
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
B. Resolution Approving the Transfer of Funds from the High School Bleachers and Ellsworth Paving Capital Improvement Projects to the Project to Expand the Parent Pick-up Area at Timothy Edwards Middle School
WHEREAS, the South Windsor Board of Education has indicated that the High School Bleachers and Ellsworth Paving Capital improvement Projects are complete; and
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
WHEREAS, the High School Bleachers project was completed for $27,920 less than the original project budget; and the Ellsworth Paving project was completed for $25,409 less than the original project budget; and
WHEREAS, the South Windsor Board of Education recognizes the need to expand the parent pick-up area at Timothy Edwards Middle School
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $27,920 from the completed high school bleachers project, and $25,409 from the completed Ellsworth paving project, to the Capital Improvement project for the expansion of the parent pick-up area at Timothy Edwards Middle School; and
BE IT FURTHER RESOLVED that the South Windsor Town Council approves the expenditure of $53,329 for the expansion of the parent pick-up area at Timothy Edwards Middle School.
Was made by: Councillor Burnham
Seconded by: Councillor Barbour
After some discussion regarding this Resolution, the Town Council unanimously voted against it. It was defeated 9 Nays to 0 Ayes.
C. Resolution Approving the Transfer of $15,000 from the Social Security Taxes Account to the Town Council Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $15,000 for Fiscal Year 2002/2003 from Social Security Taxes Account Number 1930-9006-130 to Town Council Professional Account Number 1111-1110-320 to cover the purchase and installation of signs for the Town’s Open Space parcels.
Was made by: Councillor Havens
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
D. Resolution Authorizing the Town Manager to Contact the Connecticut Department of Transportation (and) the Connecticut Southern Railroad Requesting the Clean-up of their Property on, and Parallel to, Route 5 in South Windsor
WHEREAS, the Town of South Windsor, in partnership with the South Windsor Chamber of Commerce, have cleaned and maintained the easterly side of Route 5 parallel to the railroad tracks, from the East Hartford Town Line to Sullivan Avenue in South Windsor, for several years; and
WHEREAS, the annual cost to accomplish this project was estimated to be a total of $10,000, or a $5,000 contribution, each, from the Town of South Windsor and the South Windsor Chamber of Commerce; and
WHEREAS, due to severe budget constraints, both the Town of South Windsor and the South Windsor Chamber of Commerce are unable to continue this practice—despite the continuing need for proper maintenance in order to provide for the safety needs and appearance of this very important north/south Corridor
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to convey to officials of the Connecticut Department of Transportation, and the Connecticut Southern Railroad, its continuing concern over the appearance and condition of their land along the Route 5 corridor; and to request their immediate “clean-up” of this area and the development of a program of continuing future maintenance of the area
BE IT FURTHER RESOLVED, that the South Windsor Town Council requests that Town Manager Matthew Galligan inform both parties if they are unable to clean and maintain this area on a regular basis, the Town of South Windsor will feel it necessary, for safety and appearance purposes, to do the work and assess both parties for the cost incurred.
Was made by: Councillor Barbour
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
E. Resolution Authorizing the Execution of a Mutual Police Assistance Compact Between the Towns of South Windsor and East Windsor
WHEREAS, Section 7-277a of the Connecticut General Statutes authorizes municipalities to enter into Agreements for mutual police assistance; and
WHEREAS, the Town of South Windsor wishes to cooperate on mutual police assistance in several stated areas with the Town of East Windsor; and
WHEREAS, each of the participating parties has agreed to waive any entitlement to reimbursement in the operation of this Compact
NOW, THEREFORE, BE IT RESOLVED that the Town Manager and/or the Chief of Police are authorized to enter into a Mutual Police Assistance Compact similar to the one attached hereto as Exhibit A. on behalf of the Town of South Windsor, and is further authorized to waive any entitlement to reimbursement, in writing.
Was made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session
At 10:30 p.m., Deputy Mayor Streeter moved to go into Executive Session to discuss pending claims and litigation. The Motion was duly seconded, and approved unanimously.
ITEM:
21. Motion to Adjourn
A Motion to Adjourn was made at the conclusion of the Executive Session, duly seconded, and approved unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts.
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