TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 December 1, 2003
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor William Aman
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
ITEM:
5. Public Input
Roy Normen, 158 Homestead Drive, came forward to say that speaking for himself and as a Member of the Open Space Task Force, he was pleased to see that there was a Resolution included on this evening’s Agenda naming the Town’s Kelly/Waldron/Willard Open Space property “Wapping Park.” He expressed his appreciation that other portions of that Park can be reserved and named for other purposes and individuals.
Mr. Normen, speaking on behalf of Doris Burgdorf, Terri Kyc (Town Historian); and the Open Space Task Force, reported that they all were supportive of this action. He hoped that the Town Council would take positive action on this Resolution this evening.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
ITEM:
9. Communications from Officers and Boards Directly Responsible to Council
First to speak was Bob Moeller, Chairman of the Patriotic Commission, who reported on the 2nd printing of the “Flag Etiquette” pamphlet. He explained the new additions to this booklet.
Mr. Moeller also reported that the Patriotic Commission was “about to launch” its 2004 Essay Contest—and the topics are as follows: K through 5th Grade - the topic being “What does the American Flag Mean to Me?; and from Grades 6 through 12, “How do Our Freedoms and Liberties Compare to Other Countries?
Another item the Chairman wished to bring to the Council’s attention was a new “podium” made and donated to the Patriotic Commission by Mr. Andre Charbonneau, Jr. He then publicly thanked Mr. Charbonneau for his support and contributions.
Next to speak was Marjorie Anthony, Chairman, Economic Development Commission, saying she wished to comment on an item on tonight’s Agenda. Ms. Anthony referred to Item 17. K., which amended two provisions of the Town’s original tax partnership agreement with DST Realty Connecticut, Inc. She said this was a “perfect example of the EDC’s opposition to putting in an employee figure of amount of people that had to be employed by a company.”
Hap Fitts, Chairman of the Public Building Commission, came forward to speak on comments made at a previous Town Council meeting regarding the “activities of the PBC” and the “status of the elementary schools’ modernization project.” He said he was present this evening to make certain there were no “lingering questions.”
Saying that the PBC has provided the financial statements to both the Mayor and the Town Manager, showing that as of this date, the PBC has spent $116,049 out of $200,000 appropriated by Council; schematic drawings have not, as yet, been done. He added, however, that the remainder of the money is designed to take care of the “schematic phase” of the project.
As the schematic design phase is underway, Mr. Fitts said that the PBC would normally be contracting with a “Construction Manager.” The purpose of this approach, he added, would be to use the Construction Manager for value engineering—which, hopefully, would reduce some of the cost. Questions from the Council followed.
ITEM:
9. Communications from Officers and Boards Directly Responsible to Council (Continued)
Saying that the decision has been made as to what the Board wishes the architect “to design to, Mr. Fitts said that the PBC’s next step is to put out an RFP to hire a Construction Manager, and this would be done within the next 30 days. He felt that this position should be filled soon.
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan discussed--
a. Obtaining funds out of Contingency to do maintenance work on the Town’s Open Space on Lawrence Road. He reported that out of the 30-40 acres at this site, about 17 acres are particularly overgrown with trees, etc., that need control over their growth.
b. A Resolution on this evening’s Agenda setting a Public Hearing on the appropriation of funds from Capital and Non-Recurring Expenditures for the installation of two ballfields at the Rye Street Park. Mr. Galligan said that a “formal presentation” on the project would be made by staff at the Public Hearing.
c. Another Resolution included on tonight’s Agenda and associated with the 22 acres of I-291 that was approved by Referendum, for sale, on the November ballot. This Resolution, he added, conveys the parcels to the Town’s Redevelopment Agency for economic development purposes; and authorizes the Town Manager to transfer title and execute documentation necessary for said conveyance.
d. As requested by the Mayor, the Town Manager said he had placed on the Agenda a Resolution naming the Town’s Open Space Parcels currently known as the “Kelley/Waldron/Willard” property—to “Wapping Park.” He added that, as soon as Council approves this new name, the proper signs will be ordered for two (2) entrances.
ITEM:
10. Communications and Reports from Town Manager (Continued)
e. The naming of Council representatives to two Town Council subcommittees that he was waiting for--namely, the Pension Committee; and the Capital Projects Committee. He asked that these be named as quickly as possible—noting, in particular, Councillor Aman’s memorandum requesting the Town Manager’s proposal for Capital Projects.
f. Mr. Galligan mentioned an upcoming “tax sale.” He said that the Town would be going out to sale on “some big parcels;” and the Town Council will be advised when that process begins. One of the larger buildings being looked at for tax sale was the Hi-G building because of an apparent interest among buyers.
g. Administrators Contract for the Board of Education employees will be going to arbitration. This arbitration hearing is scheduled for Friday evening, December 5; and Saturday morning, December 6. He said because it is an “arbitration” the Town Council does 0have the opportunity to give testimony on the Town’s financial status and its ability to pay. He reminded the Council that he would be providing that testimony on behalf of the Town.
h. The “ground-breaking” for Evergreen Walk, the Town Manager reported, would be December 8, at 9:00 a.m., at the site.
i. A one-day or half-day seminar, possibly on a Saturday, dealing with “strategic planning” on the rehabilitation or reuse of vacant buildings. In the Hartford region, he added, there seems to be a plague on abandoned buildings not being used by current businesses. What is being discovered, regionally, is that many of these buildings are not meeting current efficiency standards as far as electric heating and “ceiling height”.
Mr. Galligan felt that this needed to be discussed before losing more businesses (as in the case of U.S. Food and Space Fitters) because of the need for a building that is newer, higher, and more efficient. He wished to invite Members of the Redevelopment Agency, the EDC, and representatives from the South Windsor Chamber of Commerce to a “brain-storming” session regarding how this problem should be attacked.
The Town Manager felt that there should be a plan of operation in place as to how to deal with the landlords of these properties; and help them to “revamp” or looking for different uses for the existing buildings.
ITEM:
10. Communications and Reports from Town Manager (Continued)
j. On another item, Mr. Galligan said that the Town Council would be considering a Resolution this evening readjusting the Budget to accommodate, once again, “Bulky Waste collection.”
k. The auditing firm of “Scully & Wolf” has requested a 30-day extension on their final audit report due to the GASB 34 requirements.
l. Another round-table discussion will be held on the strategic planning process soon; and the Town Manager said he had spoken to the Superintendent of Schools about taking this strategic planning process “out on the road” now—thus looking at community input from, perhaps the Chamber of Commerce and the PTO's.
This concluded the Town Manager’s report. He then asked for and responded to Council questions.
Councillor Delnicki, referring to the upcoming arbitration hearing on the Board of Education’s Administrators Contract, asked if the Town Council had the right to review and vote on such an arbitration award. Mr. Galligan responded that it did not—it could only go to Court if they disagreed with the award. Atty. Guliano, when asked, was not certain who has the right to “vote” on the award—the Town Council, or the Board of Education. He said he would look into this.
The Town Attorney, responding to the Mayor’s question regarding whether or not the Town Council has the “final acceptance or rejection” rights, stated that up until “arbitration,” the Town has the right to accept or reject; however, once it has gone to arbitration, the Town does not. Continuing, Atty. Guliano again stated that he would provide specific information on this at the next Town Council meeting.
Councillor Aman asked the Town Manager to put together a timetable and the Town Council’s options—particularly in view of the fact that the “30-day window” for Council’s review of the arbitration award moves very quickly.
Referring next to the Town Manager’s comments on the maintenance of open space parcels, Councillor Aman stated that six or seven years ago, the Town Council passed a “thou shalt not mow Open Space” set of rules and regulations.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Considering the amount of time those rules have been in effect, Councillor Aman said he felt an update on their effectiveness from an appropriate member of the Town staff would be helpful—including staff’s opinion as to whether any changes in those regulations should be considered; or, if they’re working very well, a recommendation that they should stay just as they are. Mr. Galligan said he would provide a report on this.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council - None
14. Public Participation - None
15. Consent Agenda
Motion to accept items 17. D., E., F., and G. as the Consent Agenda.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
The Motion Was: Approved, unanimously
16. Unfinished Business - None
17. New Business
A. Resolution Acknowledging the Resignation of Clifford Slicer (D) from the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby acknowledges the resignation of Clifford Slicer from the Economic Development Commission, said resignation to be effective immediately; and
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
BE IT FURTHER RESOLVED that the Town Council wishes to thank Mr. Slicer for his years of service on the Economic Development Commission, and to wish him success as a newly-elected Member of South Windsor’s Planning and Zoning Commission.
Was made by: Councillor Pendleton
Seconded by: Councillor Paquin
The Motion was: Unanimously approved
B. Resolution Acknowledging the Resignation of Joseph DeMaio (R) from the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council acknowledges, with regret, the resignation of Joseph DeMaio from the Economic Development Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the Town Council wishes to convey its thanks to Mr. DeMaio for his many years of dedicated service to this Commission.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
C. Resolution Acknowledging the Resignation of Roger B. Cottle (R) as an Alternate on the Planning and Zoning Commission
BE IT RESOLVED that the South Windsor Town Council acknowledges, with regret, the resignation of Roger Cottle as an Alternate Member to the Planning and Zoning Commission, said resignation being effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council wishes to take this opportunity to thank Roger for his many years of dedicated service to our community—particularly, the 10 years he devoted to the Planning and Zoning Commission.
Was made by: Councillor Delnicki
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
*D. Resolution Reappointing Suzanne S. Fitts (R) to the Library Board, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Suzanne S. Fitts to the Library Board for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*E. Resolution Reappointing Carole Stroud (R) to the Library Board, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Carole Stroud to the Library Board for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*F. Resolution Reappointing Janis Murtha (R) to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Janis Murtha to the Economic Development Commission for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*G. Resolution Reappointing Edwina Futtner (R) to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Edwina Futtner to the Economic Development Commission for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ITEM:
17. New Business (Continued)
H. Resolution Waiving Competitive Bidding for the Mowing of 17 Acres at Lawrence Road Park; and Approving an Appropriation of Funds for Said Project
(Councillor Streeter)
WHEREAS, an investigation by the Parks and Grounds Division of South Windsor’s Public Works Department has been conducted into the best method to use for vegetation control of 17 acres of Lawrence Road Park at the corner of Lawrence Road and Dart Hill Road; and
WHEREAS, it is the Public Works Department’s intention to mow the existing “Autumn Olive” growth, while leaving the existing Birch and Poplar trees; and
WHEREAS, three (3) quotes have been received to accomplish this project, with the apparent low quote being $8,640; and
WHEREAS, recommended follow-up treatment within the year to prevent woody growth from reestablishing itself in this parcel would cost, approximately, an additional $3,825.
NOW, THEREFORE, BE IT RESOLVED, that the South Windsor Town Council has determined that, with regard to this project, the waiving of competitive bidding would be in the best interest of the Town of South Windsor; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby appropriates $12,465 from Fiscal Year 2003/2004 Contingency Account #
1910-9001-390 to cover the cost of this project.
Was made by: Councillor Streeter
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
I. Resolution Setting a Time and Place for a Public Hearing on the Expenditure of $261,041 from Capital and Non-Recurring Expenditures Account for Rye Street Park Playing Fields
BE IT RESOLVED that the South Windsor Town Council sets Monday, December 15, 2003, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on an expenditure of $261,041 from the Capital and Non-Recurring Expenditures Account for the installation of playing fields at Rye Street Park.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
J. Resolution Authorizing the Town Manager to Execute an Agreement with the State of Connecticut for a Home Management Grant
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 Yacavone
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
K. Resolution Amending Tax Assessment Agreement Between DST Realty Connecticut, Inc. (d/b/a DST Output) and the Town of South Windsor for Additional Improvements to Their Property
(Deputy Mayor Pelkey)
WHEREAS, the South Windsor Town Council authorized a tax assessment agreement at its Regular Meeting of July 15, 2002 between the Town and DST Realty Connecticut, Inc. (d/b/a DST Output), reducing the amount of the assessment on the new additional improvements to real property owned by DST Realty Connecticut, Inc. (d/b/a DST Output); and
(Resolution Continued on Next Page)
ITEM:
17. K. (Continued)
WHEREAS, DST Realty Connecticut, Inc. (d/b/a DST Output) has requested an amendment to the conditions under which that additional tax assessment agreement was granted to more closely conform to a previous tax assessment agreement granted between the Town and DST Realty Connecticut, Inc. (d/b/a DST Output).
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council amends the following conditions incorporated in the approval of the tax assessment agreement on July 15, 2002:
That DST Realty Connecticut, Inc. (d/b/a DST Output) continue operations in South Windsor for a minimum of five (5) years, rather than ten (10) years; and
That DST Realty Connecticut, Inc. (d/b/a DST Output) maintain its local facilities during this five (5) year period at an employment level of approximately three hundred seventy-five (375) employees at said local facilities, rather than four hundred seventy-five (475) employees.
BE IT FURTHER RESOLVED that all other provisions of the resolution passed on July 15, 2002 are to remain as originally approved.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Fine
Councillor Delnicki moved to amend the Resolution by removing Item #1 from the Resolution. The Motion was seconded by Councillor Streeter; however, it was defeated 7 Ayes to 2 Nays, on a Roll Call vote, as follows:
Councillor Fine No
Councillor Aman No
Councillor Paquin No
Councillor Delnicki Yes
Councillor Pendleton No
Councillor Streeter Yes
Councillor Yacavone No
Deputy Mayor Pelkey No
Mayor Havens No
ITEM:
17. K. (Continued)
Mayor Havens then called for a vote on the Resolution. It was approved 8 Ayes to 1 Nay, on a Roll Call vote, as follows:
Councillor Fine Yes
Councillor Aman Yes
Councillor Paquin Yes
Councillor Delnicki No
Councillor Pendleton Yes
Councillor Streeter Yes
Councillor Yacavone Yes
Deputy Mayor Pelkey Yes
Mayor Havens Yes
L. Resolution Naming the Open Space Parcel Known as the Kelley/Waldron/Willard Parcel as “Wapping Park”
WHEREAS, the Town of South Windsor previously purchased four contiguous parcels of land as open space, known as the Kelley/Waldron/Willard Properties; and
WHEREAS, the South Windsor Town Council wishes to name these open space parcels collectively as “Wapping Park,” in recognition of the historical significance of that portion of Town which had previously been referred to as Wapping; and
WHEREAS, the South Windsor Town Council intends to recognize other family names of historic significance relating to this property by naming other features within Wapping Park with these family names
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby names the four contiguous open space parcels formerly known as the Kelley/Waldron/Willard Properties as “Wapping Park,” with other names of historical significance relating to “Wapping Park” to be recognized by the subsequent naming of other features within the park; and
(Resolution Continued on Next Page)
ITEM:
17. L (Continued)
BE IT FURTHER RESOLVED that the Town Manager is directed to erect a sign at the sight utilizing the new name of “Wapping Park,” and complying with the requirements of the DEP Grant.
Was made by: Councillor Delnicki
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
M. Resolution Conveying Title to the “I-291 Parcels” to the Town of South Windsor Redevelopment Agency
WHEREAS, the South Windsor Town Council would like to convey the Town properties known as “I-291 Parcels” to the Town of South Windsor Redevelopment Agency for the purpose of developing the land for economic development purposes; and
WHEREAS, said “I-291 Parcels” are more particularly described in maps filed in the South Windsor Town Clerk’s office, entitled “Town of South Windsor Map Showing Land Released to the Town of South Windsor by the State of Connecticut Department of Transportation John Fitch Boulevard – Route 5 Scale 1" = 40' Feb., 1997 James F. Byrnes Jr., P. E. Chief Engineer – Bureau of Engineering and Highway Operations, Town No. 132, Proj. No. 70, Serial No. 27B, Sheet 1 of 1” and “Town of South Windsor Map Showing Land Released to the Town of South Windsor by the State of Connecticut Department of Transportation at I-291 John Fitch Boulevard – and Ellington Road Scale 1" = 40' May 1998 James F. Byrnes Chief Engineer – Bureau of Engineering and Highway
Operations, Town No. 132 Proj. No. 70, Serial No. 27C Sheets 1 and 2 of 2.”; and
WHEREAS, said conveyance was approved by the Town electors at a Referendum held on November 4, 2003.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the conveyance of title to the “I-291 Parcels” located in the Town of South Windsor and owned by the Town, as identified in the maps filed in the Town Clerk’s office as described above; and
(Resolution Continued on Next Page)
ITEM:
17. M (Continued)
BE IT FURTHER RESOLVED that the said “I-291 Parcels” be conveyed to the Town of South Windsor Redevelopment Agency for the purpose of economic development; and
BE IT FURTHER RESOLVED that the disposition of such land be in accordance with the statutes of the State of Connecticut and the Municipal Development Project Plan as required for such agency; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to transfer title and execute any and all documentation necessary to consummate said conveyances.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
N. Resolution Approving the Reappropriation of $45,000 from the 2003/2004 Debt Service Budget to the Refuse and Recycling Fees Revenue Account
WHEREAS, the Budget adopted by the South Windsor Town Council for Fiscal Year 2003/2004 includes a Revenue Budget of $45,000 to be generated from charges for bulky waste pick-up; and
WHEREAS, on November 17, 2003, the South Windsor Town Council rescinded the required fee for bulky waste pick-up which created a shortfall in the Refuse and Recycling Fees Revenue Account
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the reappropriation of $45,000 from Debt Service Budget Account Number 1710-7004-320 to Refuse and Recycling Fees Revenue Account Number 0500-0505-547 to cover the revenue shortfall.
Was made by: Councillor Paquin
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
O. Resolution Approving a Tax Refund for Twenty-One (21) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty-one (21) South Windsor taxpayers, said refunds totaling $1,766.36, and as shown on attached Exhibit A.
Was made by: Councillor Pendleton
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 – To continue Executive Session held earlier this evening during Work Session, if needed. - None
21. Motion to Adjourn
A Motion to Adjourn was made to adjourn at 9:45 p.m.; duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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