TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES Page 1 JANUARY 20, 2004
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
Absent: Councillor Muriel Yacavone
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Havens called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input
Mr. Del Conroy came forward as a representative of the VFW to present Mayor Edward Havens with an plague naming the Mayor “Citizen of the Year” in recognition of his years of service to the community, and as a member of the Veterans of Foreign Wars.
Next to speak was State Representative Nancy Kerensky who spoke of the receipt from the State of about $590,000 in reimbursement funds for the Town’s purchase of several open space properties—namely, the former “Mitchell” property, and the “Kelly/Waldron/Willard” properties.
Marge Anthony addressed the Council in her role as an organizer for the Town of South Windsor of the “St. Patrick’s Day” Parade in Hartford. She said the Parade was to be held on Saturday, March 13; and that South Windsor, this year, would be the 3rd Town to step off.
Mrs. Anthony also spoke of an “Irish” dinner being planned for March 7, 2004, at Maneeley’s, at which Mayor Edward Havens would be named “Town Honoree”’ and who would march in the Parade as such.
ITEM:
6. Environmental Health & Safety Message None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Marge Anthony again addressed the Town Council, this time as Chairperson of the Economic Development Commission. She spoke, specifically, of a planned “tax partnership/abatement” between the Town of South Windsor and South Windsor Technologies Center. Mrs. Anthony explained the terms of the agreement being contemplated; and presented the Council Members with a letter from the Economic Development Commission regarding the proposed abatement.
Questions arose regarding the “pass through” provision as it applied to this proposed partnership, and were addressed by Town Attorney Barry Guliano.
Mrs. Anthony next reported on the outcome of Planning & Zoning’s Hearing on the “Vietnam Veterans” meeting place at the corner of Chapel Road and Route 5. She said that the South Windsor Police Department had made a presentation to the Commission on this; and she thanked them for the professional manner in which they handled this situation.
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reported on recent problems with entire neighborhoods because of the very cold weather. Continuing, Mr. Galligan said there existed “some issues” with CL&P—i.e., the fact that many people in the Dart Hill Road area were without power (with resultant pipe freezing incidents) during these freezing temperatures. He mentioned “brown-outs” and problems in a new Senior Citizen Development, Watson Farms, where some of the resident had to be moved to a nearby motel.
Making certain of exactly what the cause of these problems was (especially in these sub-zero temperatures, according to the Town Manager, would be a Town staff priority.
Mr. Galligan then reminded Council that CL&P had recently gotten a second increase of over 15%; and he attributed this to the “blackout” last summer in the Northeast and the fact that the Company’s “infrastructure” is not maintained and the monies are needed for “restructuring.”
ITEM:
10. Communications and Reports from Town Manager (Continued)
He suggested that citizens write to the State’s Public Utilities Commission regarding these increases and ask that the Commission look into these increases. Mr. Galligan said he has asked an official of CL&P to provide him with an analysis of the effects of these increases on the Town as an “industrial user.”
Next, Mr. Galligan addressed another problem—that resulting from the Yankee Gas Company mixing LP gas with their natural gas during the “brown-out.” This, he said, unfortunately knocked out the Town’s fuel cell—and, consequently, left the Town without an “emergency shelter” should it have been needed.
Another item the Town Manager wished to bring to Council’s attention was Ray Favreau’s efforts to temporarily relocate South Windsor’s softball programs to fields in neighboring Towns. He added that converting a Little League Field to a softball field, for the time being, was given thought; however, to do so would cost approximately $22,000. He elaborated. Staff and the Town Manager, however, though grateful to Little League for this option, did not feel this was a prudent use of Town funds.
Mayor Havens requested that more in-depth information with regard to the “freeze-ups and mixture of gas” be brought back to the Town Council at its next meeting. Councillor Delnicki, referring to the fuel cell at the High School, asked if an emergency tank can be stored at the fuel cell’s location for use when this sort of thing happens. The Councillor also wished the Town Manager to look into whether or not CL&P had “violated their Charter” by rendering this emergency supply source useless during an emergency.
Councillor Fine asked the Town Manager how much revenue the Town would be losing by not having our softball teams use their field at Rye Street Park this season. More specifically, the Councillor asked “How much revenue to we receive from the softball field at Rye Street Park?” Mr. Galligan responded that it was a “break even” situation.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
ITEM:
13. Communications and Petitions from Council
Councillor Streeter asked that Marge Anthony “procure the Timothy Edwards Middle School Band” for the St. Patrick’s Day Parade. The Councillor felt that if it was a matter of “funding for transportation,” the Town Council should approve said funding.
Deputy Mayor Pelkey acknowledged the retirement of Police Officer Michael Ritter; and the well-attended Retirement Dinner in his honor on January 16.
14. Public Participation - None
15. Consent Agenda
Motion to accept Agenda Items 16. A. through 16. K., and 17. C. through 17. J . as the Consent Agenda.
Was made by: Councillor Delnicki
Seconded by:: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
16. Unfinished Business
*A. Reappointment of Joseph J. Carino (R) to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council reappoints Joseph J. Carino to the Economic Development Commission for a term ending November 30, 2007.
APPROVED BY CONSENT AGENDA
*B. Appointment of Daniel J. Rys (R) a Full Member of the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council appoints Daniel J. Rys a full member of the Economic Development Commission for a term ending November 30, 2007.
APPROVED BY CONSENT AGENDA
ITEM:
16. Unfinished Business (Continued)
*C. Appointment of Susan J. Burnham (R) as an Alternate to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council appoints Susan J. Burnham an Alternate to the Economic Development Commission for a term ending November 30, 2005, to fill the unexpired Alternate term of Daniel J. Rys.
APPROVED BY CONSENT AGENDA
*D. Reappointment of Joseph J. Carino (R) to the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council reappoints Joseph J. Carino to the Water Pollution Control Authority for a term ending November 30, 2009.
APPROVED BY CONSENT AGENDA
*E. Appointment of Cary N. Prague (R) as a Full Member of the Park and Recreation Commission
BE IT RESOLVED that the South Windsor Town Council appoints Cary N. Prague a Full Member of the Park and Recreation Commission for a term ending November 30, 2005, to fill the unexpired term of Josephine DeMaio.
APPROVED BY CONSENT AGENDA
*F. Appointment of Deborah R. Burnham as an Alternate to the Park and Recreation Commission
BE IT RESOLVED that the South Windsor Town Council appoints Deborah R. Burnham an Alternate to the Park and Recreation Commission for a term ending November 30, 2005 to fill the unexpired Alternate term of Cary Prague.
APPROVED BY CONSENT AGENDA
ITEM:
16. Unfinished Business (Continued)
*G. Appointment of Barbara Barbour to the South Windsor Redevelopment Agency
BE IT RESOLVED that the South Windsor Town Council appoints Barbara Barbour to the South Windsor Redevelopment Agency for a term ending December 31, 2009.
APPROVED BY CONSENT AGENDA
*H. Reappointment of Cile Decker to the South Windsor Redevelopment Agency
BE IT RESOLVED that the South Windsor Town Council reappoints Cile Decker to the South Windsor Redevelopment Agency for a term ending December 31, 2009.
APPROVED BY CONSENT AGENDA
*I. Reappointment of Bernard J. Demko to the South Windsor Redevelopment Agency
BE IT RESOLVED that the South Windsor Town Council reappoints Bernard J. Demko to the South Windsor Redevelopment Agency for a term ending December 31, 2009.
APPROVED BY CONSENT AGENDA
*J. Reappointment of D. Bruce McDonald to the South Windsor Redevelopment Agency
BE IT RESOLVED that the South Windsor Town Council reappoints D. Bruce McDonald to the South Windsor Redevelopment Agency for a term ending December 31, 2009.
APPROVED BY CONSENT AGENDA
ITEM:
16. Unfinished Business (Continued)
*K. Reappointment of James R. McGinn to the South Windsor Redevelopment Agency
BE IT RESOLVED that the South Windsor Town Council reappoints James R. McGinn to the South Windsor Redevelopment Agency for a term ending December 31, 2009.
APPROVED BY CONSENT AGENDA
17. New Business
A. Resolution Accepting the Resignation of Marjorie S. Anthony (D) from the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Marjorie S. Anthony from the Zoning Board of Appeals; said resignation to be effective February 12, 2004.
Was made by: Councillor Fine
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
B. Resolution Accepting the Resignation of Robert C. Wilson (R) from the Public Building Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Robert C. Wilson from the Public Building Commission, said resignation to take effective immediately.
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
17 New Business (Continued)
*C. Appointment of Robin Surwilo (D) to the Drug and Alcohol Abuse Prevention Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Robin Surwilo to the Drug and Alcohol Abuse Prevention Commission for a term ending September 1, 2004, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*D. Appointment of Jean Klein (D) As an Alternate to the Historic District Commission, and the Tabling of the Same
BE IT RESOLVED that the South Windsor Town Council appoints Jean Klein an Alternate to the Historic District Commission for a term ending November 30, 2008, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*E. Appointment of Robin Surwilo (D) as an Alternate to the Planning and Zoning Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Robin Surwilo an Alternate tot he Planning and Zoning Commission for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*F. Appointment of Dan Jeski (D) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Dan Jeski to the Public Building Commission for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ITEM:
17 New Business (Continued)
*G. Appointment of Ron Banks (D) as an Alternate to the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Ron Banks an Alternate to the Zoning Board of Appeals for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*H. Appointment of Joel Nadel (D) as an Alternate to the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Joel Nadel an Alternate to the Zoning Board of Appeals for a term ending November 30, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*I. Reappointment of Donald H. Gates (R) as an Alternate to the Inland/Wetlands Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Donald H. Gates an Alternate to the Inland/Wetlands Agency for a term ending December 1, 2007, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*J. Appointment of Carol Kelley (R) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Carol Kelley to the Public Building Commission for a term ending November 30, 2005 to fill the unexpired term of Robert Wilson, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ITEM:
17 New Business (Continued)
K. Appointment of Harvey Fine (D) as an Alternate to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Harvey Fine an Alternate to the Patriotic Commission for a term ending August 31, 2005, to fill the unexpired term of Peter Anthony, Sr., and hereby tables the same.
Was made by: Councillor Pendleton
Seconded by: Councillor Delnicki
The Motion was approved, on a Roll Call vote, 7 Ayes to 1 Abstention. The abstaining vote was by Councillor Fine.
L. Resolution Authorizing a Tax Agreement Between the Developer of South Windsor Technologies Center and the Town of South Windsor
WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
WHEREAS, the South Windsor Economic Development Commission and the South Windsor Water Pollution Control Authority recommend, pursuant to said Program, that a tax agreement be offered to the developer of South Windsor Technologies Center to construct sanitary sewer improvements, roads, utility improvements and other improvements allowed under the Program at an estimated cost of $1,415,446 at property located on Patria Road and Schweir Road in South Windsor, Connecticut.
(Resolution Continued on Next Page)
ITEM:
17 L. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Agreement between the Town of South Windsor and the developer of South Windsor Technologies Center reimbursing the developer by reducing taxes for up to 100 percent of the costs of eligible public improvements upon receipt and approval of documentation of expenses incurred. Said Agreement is conditioned upon the developer’s compliance with all of the provisions of the Town Council’s policy on Road Construction, Utility Extension and Improvement Assistance, a copy of which has been provided to the developer. The developer’s reimbursement shall be based upon the difference between the tax revenue collected before improvements and the tax revenues after such improvements have been completed
to the satisfaction of the Town. The reimbursement period shall extend for a period not to exceed seven (7) years or until 100 percent of the costs have been reimbursed, whichever occurs first. Each installment shall not be greater than 100 percent of the additional tax revenues generated by the improvements for that year. The reimbursement period shall begin once public improvements have been completed to the satisfaction of the Town and the Assessor has revised the property’s assessment to reflect the new improvements.
BE IT FURTHER RESOLVED that the Tax Agreement herein described shall be for the stated improvements only. Any requests for Tax Assessment Agreements by businesses planning to construct and occupy buildings in the South Windsor Technologies Center in the operation of their business will be considered separately by the Town Council.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
M. Resolution Establishing the Position and Defining the Duties of a “Poet Laureate” for the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby establishes the honorary position of Poet Laureate for the Town of South Windsor, the term of said appointment to be two (2) years--coinciding, as closely as possible, with the terms of the municipal elections; and
(Resolution Continued on Next Page)
ITEM:
17 M (Continued)
BE IT FURTHER RESOLVED that the “charge” to said Poet Laureate shall be to promote and sponsor events featuring area poets and authors; encourage the love of poetry among all ages; and represent the cultural aspects of the Town at public functions, when so requested by the South Windsor Town Council or the Town Manager.
Was made by: Councillor Streeter
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
N. Appointment of Bonnie Enes as the Town’s First “Poet Laureate,” and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Bonnie Enes as the Town’s first “Poet Laureate,” for a term ending November 14, 2005, and hereby tables the same.
Was made by: Councillor Pendleton
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
O. Resolution Rejecting the Arbitration Award Granted to the South Windsor Administrators’ Association Contract with the South Windsor Board of Education
WHEREAS, the Contract between the South Windsor Board of Education and South Windsor Administrators’ Association was decided by Binding Arbitration; and
WHEREAS, the Contract calls for the following Fiscal Year raises, including step increases--2004/2005 – 3.96%; 2005/2006 – 3.89%; and 2006/2007 – 3.70%—which, after compounding, equals a three-year raise of 12.00% and, additionally, provides longevity payments; and
(Resolution Continued on Next Page)
ITEM:
17 O (Continued)
WHEREAS, inadequate State funding for education and growth in school expenditures has resulted in large tax increases to South Windsor residents; and
WHEREAS, the South Windsor Town Council directed its Town Manager to restrict the General Government’s Administrators’ Salary Account to a 3% budget increase in 2003/2004; and
WHEREAS, the Arbitration Award exceeds both the current and projected inflation rate; and
WHEREAS, the Contract sets the precedent for other bargaining units and their expectancy of similar increases; and
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby rejects the Arbitration Award granted to the South Windsor Administrators’ Association.
Was made by: Councillor Delnicki
Seconded by: Councillor Streeter
Following discussion, the Motion was defeated, on a Roll Call vote, 5 Nays to 3 Ayes, as follows:
Councillor Fine No
Councillor Aman Yes
Councillor Paquin No
Councillor Delnicki Yes
Councillor Pendleton No
Councillor Streeter Yes
Deputy Mayor Pelkey No
Mayor Havens No
ITEM:
17 New Business (Continued)
P. Resolution Directing the Town Manager to Convey South Windsor Town Council’s Dissatisfaction with Arbitration Award Granted to the South Windsor Administrator’s Association to the South Windsor Board of Education, South Windsor’s State Representatives, and the State’s Arbitration Panel
WHEREAS, the Contract between the South Windsor Board of Education and South Windsor Administrators’ Association was decided by Binding Arbitration; and
WHEREAS, the Contract calls for the following Fiscal Year raises, including step increases--2004/2005 – 3.96%; 2005/2006 – 3.89%; and 2006/2007 – 3.70%—which, after compounding, equals a three-year raise of 12.00% and, additionally, provides longevity payments; and
WHEREAS, inadequate State funding for education and growth in school expenditures has resulted in large tax increases to South Windsor residents; and
WHEREAS, the South Windsor Town Council directed its Town Manager to restrict the General Government’s Administrators’ Salary Account to a 3% budget increase in 2003/2004; and
WHEREAS, the Arbitration Award exceeds both the current and projected inflation rate; and
WHEREAS, the Contract sets the precedent for other bargaining units and their expectancy of similar increases; and
WHEREAS, the cost of fighting the Arbitration Award could exceed the potential savings; and, historically, the chances of a Municipal Government improving on an Arbitration Award are very low
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council regretfully approves the Contract, and directs the Town Manager to write a letter to the South Windsor Board of Education, our State Representatives, and the State’s Arbitration Panel stating our dissatisfaction with the Contract and the “binding arbitration system.”
(Resolution Continued on Next Page)
ITEM:
17 P. (Continued)
Councillor Delnicki asked that the Resolution be Amended by removing the words ”regretfully approves the Contract, and” from the last paragraph of the Motion. Councillor Paquin seconded the Motion to Amend; and the Amendment was approved, unanimously.
Mayor Havens then called for a vote on the Amended Resolution. It was approved, 7 Ayes to 1 Nay. The dissenting vote was cast, by Roll Call vote, by Deputy Mayor Pelkey.
Q. Resolution Approving a Tax Refund to Twenty-Seven (27) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a property tax refund to twenty-seven (27) South Windsor taxpayers, the total of said refunds being $3,676.27, and as shown on attached Exhibit A.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
20. Executive Session – To discuss issues relating to the Town regarding the lease, sale or purchase of real estate.
21. Motion to Adjourn
A Motion to adjourn was made at 10:00 p.m., by Councillor Delnicki; seconded by Deputy Mayor Pelkey, and was approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
| 
