TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 September 15, 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 Regular Meeting to order at 8:25 p.m.
ITEM:
5. Public Input - None
At this time, Councillor Delnicki moved to Suspend Council Rules in order to take Agenda Item 17. E. out of order at this time. The Motion was seconded by Councillor Fine, and was unanimously approved.
17. New Business
E. Discussion Item – Creation of a “Weapons Qualification Range”
Councillor Delnicki led off the discussion by explaining that this item was requested as the result of a “positive review by the Members of the Public Health and Safety Subcommittee of the Town Council—Councillors Pelkey, Burnham, and Councillor Delnicki.
The discussion, he added, would also be a follow-up on a report made by Town Manager Matthew Galligan regarding an “ongoing pressing need for permanent facility for the Town’s Police Officers for weapons qualification.
ITEM:
17. E. (Continued)
Councillor Delnicki then turned the meeting over to Police Chief Gary Tyler.
Chief Tyler, providing a brief background on the need for this Range, informed Council that the Town has had no organized police range to date. The Department, he continued, as met the State’s mandated training requirements in spite of this, and by “borrowing” ranges in area Towns—i.e., Glastonbury, Bloomfield, Corrections, etc.
However, he added, as the State increased its mandates with regard to the number of hours an officer must have in training in the use of firearms, the more imposition it became to borrow ranges since the new mandates affected these other Towns as well. Although these area Towns allow us to borrow time at their ranges as a courtesy to South Windsor, according to Chief Tyler, it is necessary, of course, for each of them, first, to accommodate their own training schedules.
Another consideration, the Chief added, is the “traveling time” incurred by our officers when they are required to go to another Town or police facility to train in firearms. This, he says, impacts the Police Department’s “overtime” budget. Were there a facility in Town, he emphasized, where officers could be trained “on duty,” and without having to leave Town some of these overtime expenses could be eliminated.
The Chief then proceeded to introduce two of his officers who were present this evening to make a presentation on the need for, and the workings of, an “in Town” Weapons Qualification Range--namely—Sergeant Peter Alix (Senior Firearms Instructor and a Member of the Department’s “Capital Region Emergency Services Team); and Agent Michael Dobler.(Firearms Instructor and an officer currently assigned to the Police Department’s Personnel & Training Section).
Both Sgt. Alix and Agent Dobler provided the Town Council with a brief biography of themselves and the backgrounds they possessed that they felt qualified them as experienced instructors in the safe and effective use of firearms. They also provided Council with their opinions, and the reason for these opinions, regarding the need for an in-Town Weapons Qualification Range.
ITEM:
17. E. (Continued)
The Officers stated that the areas already looked at with an eye to a perspective “Range” were the Pudim Property (and) Barber Hill Road which, they felt was inappropriate because of the amount of residential building in progress in the area, and the presence of the Town’s Wildlife Sanctuary. Continuing, they said that the “best place that we found in Town was the Town Garage area.”
The exact location in this area being looked at was the “leaf collection point” in this area. Also, the old Dog Pound, they felt, could be utilized as a training, classroom, and storage area for the weapons qualification process.
The area being discussed, they said, was about 150 yds. wide by 100 yds. deep. This area would probably encompass about 75 feet of the “leaf collection” depot area.
A discussion ensued wherein Members of the Town Council expressed concern for neighbors—both from the standpoint of their safety from “stray bullets,” and from a “noise pollution” perspective. However, the point was made that there were no neighbors in close proximity to the old Landfill area being discussed. When asked about how many days, per year, the Range would be used, Sgt. Alix estimated about 20 days per year—or, one 4-day period each Season.
(Councillor Paquin asked that it be noted in these Minutes that, following her direct questions on this issue to the Chief of Police, Sgt. Alix, and Agent Martin with regard to the necessity of such a range for a Police Department the size of South Windsor’s she had indicated her opposition to its construction using the analogy that it was “a little bit like her, as a lawyer in South Windsor, Connecticut, being trained to go before the United States Supreme Court.” “I don’t need it,” she added.
Chief Tyler added that another consideration when discussing how often the Range would be used would be “reciprocation time” when honoring requests from those Towns that had assisted us for years when we needed it; and for periods of “special training,” such as SWAT training, etc.
Mayor Aman asked Chief Tyler if the Town would be violating its own Noise Ordinance with this Range. Sgt. Alix responded that “the way this Range is oriented, for the most part, the noise is going to go in the direction of the bullet (or downrange) which is ¾ of a mile to 1 mile from Governor’s Highway (the closest neighborhood area downrange).
ITEM:
17. E. (Continued)
Further discussion followed. However, it was generally agreed to, and requested by Council, that the few neighbors that could be affected directly by the installation of a Weapons Qualification Range in the Town Garage/old Landfill area, should be notified, previously, of any Town Council meeting that included a Resolution approving its construction.
(The Town Council then returned to the normal order of this evening’s Agenda.)
6. Environmental Health & Safety Message
Councillor Delnicki reminded those present, and the listening audience, that five year old “smoke detectors” should be disposed of, and new ones purchased—and the batteries in existing ones should be changed twice a year; and the changes in time from Daylight Savings to Standard, and vice versa, was a good time to remember to do this.
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of September 2, 2003; and Regular Meeting of September 2, 2003.
Was made by:: Councillor Delnicki
Seconded by: Councillor Barbour
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 Galligan went over the subjects mentioned in his Town Manager’s letter to the Council. Among those items were:
Cost discussions regarding the “underground installation” of those electrical and cable TV lines currently overhead along Buckland Road.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Survey done by City Manager’s organization regarding cuts in State government budgets; and the effect these cuts will have on local government.
He proceeded to reiterate what percentage of increased taxes; or added/increased user fees would be needed to fill in the gap left by these cuts.
Resolution included on the Agenda allowing the Town to charge taxpayers a fee for delinquent motor vehicle tax payments.
Staff’s proposal to use Rye Street Park for new playing fields if the Wapping Fair can be moved to another location. Mr. Galligan elaborated on the proposal.
The Town Manager’s attendance from September 19 through the 24th at the ICMA Conference in Charlotte, North Carolina.
UTC Fuel Cells has recently been notified that they will be the recipient of the “2003 EPA Clean Water Act Recognition Award” for Outstanding Stormwater Drain Management. According to the Town Manager, the stormwater system the Company installed was “unbelievable;” and the Town employee who requested this system, and provided expertise in its installation was Jeff Folder, the Town’s Environmental Planner/ Conservation Officer. UTC asked permission to take Mr. Folger with them when they went to accept this Award; and the Town has agreed.
The Town Manager then reminded the Council that a “Traffic Calming” workshop for those living on Kelley Road was to be conducted at the South Windsor Public Library, in the Friends Room, on October 2, 2003 from 7:00 p.m. to 9:00 p.m.
The last item Mr. Galligan addressed was the Town’s preparations for a predicted “hurricane” this week. Town and Board of Education staff will be present at an upcoming meeting to discuss the anticipated storm, and rescue and shelter preparations—particularly the use of the High School (and its fuel cell) as a “shelter.”
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mayor Aman stated that, with regard to the tax abatement for volunteer firefighters and ambulance personnel, the Town had a moral obligation to provide funds for this program until such time as Federal legislation addressed the need.
The Mayor also asked when the “fee” process would kick in on delinquent motor vehicle taxes—immediately, or a few months later? Mr. Galligan responded that it would probably be only twice a year that notices would be sent out, so taxpayers would probably be notified within a few months of the tax due date.
Regarding the “bulky waste” issue, Mayor Aman said that one segment of this issue that has recently come up was with regard to the current “landfill” that was set up 7 or 8 years ago with a “Transfer Station” for waste being generated at that time. Anticipating a report, soon, on Bulky Waste, Mayor Aman asked that this report address the question—could this Transfer Station be utilized by placing a dumpster at that location specifically as a receptacle for “bulky waste.”
He said it has been suggested that there would probably be room enough to have a dumpster dedicated to each of the following: Bulky waste; garbage; and reusable household items left there on specific dates.
Councillor Barbour suggested that, as a possible solution to the hazard of exiting from the Town Hall/Library onto Sullivan Avenue, the timing of the traffic lights at both “four corners” and the intersection of Sullivan Avenue and Route 74 be lengthened to allow more time for exiting the Town Hall; or, that at certain hours of the day, there be no “right-hand turn” onto Sullivan Avenue from Oakland Road.
Councillor Burnham reminded the Town Manager and the Council that, some time ago, the Town’s refuse collector, Waste Management, was considering building a “transfer station” on its own property for resident use. This, he felt, was something that might be looked into. Mr. Galligan agreed, and added that this idea was, perhaps, something to be considered when the new refuse contract was being discussed.
Councillor Havens asked the Town Manager to, once again, contact The Hartford Courant to complain about the “lack of South Windsor news” in its newspaper. He cited the amount of news presented on behalf of surrounding Towns; and the fact that “nothing” has appeared regarding South Windsor. He said he would continue to complain, publicly, about this neglect. The Town Manager said he would write another letter.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councillor Delnicki asked if any response had been received to the Mayor’s letter to Atty. General Blumenthal, and our State Representatives, regarding the reimbursement monies due the Town from the DEP and associated with our Open Space program. Over $600,000 has been forthcoming for about three (3) years, he said; and, to date, has still not been received.
The Councillor was told that, to date, no response has been received.
11. Reports from Standing Committees
Councillor Barbour reported that on September 3 the Public Building Commission met, at which meeting Schoenhardt Associates gave their progress report on the “Elementary School Modernization” which, they said, was proceeding on schedule.
12. Reports of Temporary Committees – None
13. Communications and Petitions from Council
Councillor Havens informed Council that he had been approached by Bonnie Enes, a resident in Town, about her being appointed South Windsor’s first “Poet Laureate.” Ms. Enes asked for an opportunity to come before Council and provide information regarding this “designation.” The Councillor felt this was a good idea.
Councillor Burnham thanked the Town agencies, The Journal Inquirer, Town staff and residents for their support of the Wapping Fair. Councillor Delnicki, too, complimented the Public Works’ Department for its display, at the Fair, dealing with the management of stormwater; and the Volunteer Fire Department for its “Fire Education Smoke Trailer.” He added that nearly 800 attendees of the Fair went through this display. He also complimented the South Windsor Police Department for its “Emergency Command Post” at the Fair.
Mayor Aman passed along the praise received from Craig Zimmerman, Chairman of the Park & Recreation Commission, with regard to Town staff’s excellent maintenance of the playing fields all Summer long.
ITEM:
14. Public Participation None
15. Consent Agenda
Motion to accept Agenda Items 16. A., 16. B., and 17. A. as the Consent Agenda.
Was made by: Councillor Burnham
Seconded by: Deputy Mayor Streeter
The Motion was: Approved, unanimously
16. Unfinished Business
*A. Resolution Reappointing Elizabeth MacDonald (R) as a Member of the Drug and Alcohol Abuse Prevention Commission
BE IT RESOLVED that the South Windsor Town Council reappoints Elizabeth MacDonald to the Drug and Alcohol Abuse Prevention Commission for a term ending September 1, 2005.
APPROVED BY CONSENT AGENDA
*B. Resolution Reappointing Timothy Moriarty (R) as a Member of the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council reappoints Timothy Moriarty to the Patriotic Commission for a term ending August 31, 2006.
APPROVED BY CONSENT AGENDA
17. New Business
*A. Appointment of Peter DeMallie (U) as Representative to the Central Regional (Tourism) District (formerly “Greater Hartford Tourism District”) and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Peter DeMallie the Town’s representative to the Central Regional (Tourism) District for a term ending September 1, 2006, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ITEM:
17. New Business (Continued)
B. Resolution Approving Designation of Pleasant Valley School as Official Polling Place for District I
WHEREAS, the South Windsor Registrars of Voters have provided their written opinion that District I does not have a suitable polling place within its boundaries; and
WHEREAS, the South Windsor Registrars of Voters wish to designate Pleasant Valley School as the polling place for District I voters, pursuant to Section 9-168b of the Connecticut General Statutes; and
WHEREAS, said Statute requires that this designation be approved by the legislative body of the municipality.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the designation of Pleasant Valley School as the official polling place for District I within the Town of South Windsor; and
BE IT FURTHER RESOLVED that said policy shall take effect on October 1, 2003.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
C. Resolution Authorizing Tax Collector to Charge Fee to Any Delinquent Motor Vehicle Taxpayer Whose Delinquency is Reported to the Commissioner of Motor Vehicles
WHEREAS, Connecticut Public Act No. 03-6 amended Connecticut General Statute §12-146 to allow Tax Collectors to charge a $5.00 fee where the Town has reported a motor vehicle or snow mobile owned by the taxpayer as being delinquent in motor vehicle tax payments to the Department of Motor Vehicles, effective August 20, 2003; and
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
WHEREAS, said Public Act requires that the Town Council vote to allow the Tax Collector to charge this $5.00 fee to delinquent motor vehicle taxpayers; and
WHEREAS, the South Windsor Town Council chooses to enact such a policy pursuant to said Public Act.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the Tax Collector to charge a $5.00 fee for each motor vehicle or snow mobile for which the owner is delinquent in paying motor vehicles taxes on said vehicle and for which the municipality has notified the Commissioner of Motor Vehicles of such delinquency under the provisions of Connecticut General Statutes §14-33; and
BE IT FURTHER RESOLVED that said policy shall take effect on October 1, 2003.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
D. Discussion Item – Creation of a “Charter Revision Commission” (Requested by Councillor Fine)
Councillor Fine stated that she was not certain why this item was again on the Agenda as a “Discussion Item.” She said she thought there would have been a “Resolution” on tonight’s Agenda offering Council the opportunity to vote for or against the establishment of this Commission. She asked “why are we discussing this again?”
Mayor Aman replied that the reason it was in this form was because he wanted to make certain the Town Council wasn’t going to “amend the Resolution to death once it appeared for a vote.”
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ITEM:
17. D. (Continued)
Atty. Guliano distributed information he had prepared the previous week regarding the charge of a “Charter Revision Commission,” and the “specifics” regarding its formation, duties, and the timelines associated with its activities. Saying that the last few days have been “rather hectic at the Town Attorney’s Office,” Atty. Guliano apologized for not including this information in Council’s packet for this evening’s meetings. The Town Attorney then, briefly, went through the information he had provided Council.
Again, a discussion ensued as to what constituted a “public office.” Councillor Pelkey asked if State Statute or a Town Ordinance dictated that no one in public office could serve on this proposed Commission. He singled out, particularly, the designation of “Justice of the Peace;” and asked if this is considered a “public office?”
Following this discussion, Town Attorney Guliano was specifically asked, by Council, to provide a definitive answer to this query prior to any “membership” decisions being made by Council. Atty. Guliano said he should be able to provide Council with that answer by its next meeting.
Councillor Burnham noted the presence of a gentleman who might wish to be recognized. Mayor Aman then asked if there was anyone else who wished to speak on this subject.
Mr. Robert Conway, 258 Benedict Drive, came forward; however, he was not present to address the ongoing discussion regarding a Charter Revision Commission. Saying he had been home watching the Council proceedings on TV when “a couple things struck” him—notably, the Town seeking the State’s solution to the problem of exiting onto Sullivan Avenue from the Town Hall; and the lack of newspaper coverage of Town news by The Hartford Courant.
He noted that there is a solution—that being, the rear exit from the Town Hall/Library onto Petersen Way.
Mr. Conway then identified himself as a “Board Member” for Avery Heights Water Association; and stated that, three years ago, the Association waited eight (8) months
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ITEM:
17. New Business (Continued)
for a Town-appointed electrician to come back to them with an estimate for the Association to do its emergency hook-up. Also, he said, he had come before the Town Council one year ago to try to resolve a 20-year old problem with which the Town is associated.
Adding that although some progress had been made in the last year, the Association was still waiting for the promised “appraisal” that is supposed to be forthcoming.
In summation, Mr. Conway said he was present to express this opinion, as a citizen, that before the Town looks to the State or to the newspapers for what it feels they owe the Town, “let’s see if we can’t be a little more efficient ourselves.”
(At this point, Council returned to Agenda Item 17. D.)
Returning to the formation of a committee to look into the issue of a Charter Revision Commission, Mayor Aman asked for a volunteer from both sides of the table. Councillors Fine and Delnicki agreed to serve on the suggested committee. Mayor Aman stressed that they both accept any input offered from other Councillors, from Town staff, and anyone else who was a citizen of South Windsor and wished to provide input.
E. Discussion Item – Creation of a “Weapons Qualification Range”
(This item was addressed earlier in the meeting.)
F. Resolution Approving a Refund of Property Taxes to Seventy-Four (74) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to seventy-four (74) South Windsor taxpayers, the total of said refunds being $15,808.06, and as shown on attached Exhibit A.
Was made by: Councillor Paquin
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
21. Motion to Adjourn
At 10:20 p.m., a Motion to Adjourn was made, duly seconded, and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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