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Town Council Regular Meeting - 2/2/04
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
ACTION MINUTES  Page 1  FEBRUARY 2, 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 Muriel Yacavone
        
Absent: Councillor Matthew Streeter     

Also Present:   
Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                

(Prior to calling the Meeting to order, Mayor Havens presented two Proclamations.  The first was presented to South Windsor’s Fire Company #5 Explorer Post #838 for being recognized as “2003 Explorer Post of the Year;” and the second Proclamation was presented to Daniel Warren for being recognized as the “2003 Male Explorer of the Year.”).  Mayor Havens called the Regular Meeting to order at 8:15 p.m.

ITEM:

 5.    Public Input  -  None

 6.    Environmental Health & Safety Message  -  None

 7.    Adoption of Minutes of Previous Meetings

Motion to approve the Minutes of the following Town Council meetings:  Work Session of December 15, 2003; Public Hearing of December 15, 2003 (re. an Expenditure of $261,041 from Capital and Non-Recurring Expenditures Account for installation of playing fields at Rye Street Park); Regular Meeting of December 15, 2003; Work Session of January 5, 2004; and Regular Meeting of January 5, 2004.  

Was made by:    Councillor Delnicki
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, Unanimously
ITEM:


 8.    Public Petitions  -  None

 9.    Communications from Officers and Boards Directly Responsible to Council
        -  None

10.    Communications and Reports from Town Manager

Town Manager Matthew Galligan reported on the following:

Capitol Region Council of Governments’ (CRCOG’s) Workforce Development Board.  He reported that he was now a Member of that Board

Discussions between he and the Superintendent of Schools regarding scheduling meetings to work together on joint space committees, financial planning in case of a Referendum in November, etc.

Budget preparations by the General Government and the Boarding of Education—including items such as “Health Insurance,” “Workers’ Compensation Insurance,” and other areas of “joint issues” for both of these agencies.

Results of “RFPs’” for the Town’s Refuse Collection.  Mr. Galligan reported that three (3) RFPs were received—one company, however, sent in an incomplete proposal (leaving out certain items), and would therefore not be eligible for consideration.  As of this date, he added, the Town was still trying to negotiate between the two contractors (who were very close in their proposals).  He said he would get back to Council, at the latest by the end of February, with staff’s recommendation.  

I-291 and the South Windsor Redevelopment Agency.  Mr. Galligan said he has been meeting with landowners in that area—one more landowner needed to be contacted before the Agency could move forward.  In the meantime, he added, the “Request for Proposal” is ready and the Redevelopment Agency would be looking at it this on March 4 and making any changes they felt were necessary.  




ITEM:

10.     Communications and Reports from Town Manager  (Continued)


Economic Development Coordinator – Mr. Galligan reported that, presently, the Town was using Mr. Craig Stevenson on the “I-291” project.  The Town Manager said he “may put something in the Budget for next year” to have Mr. Stevenson handle some of EDC items.  

Freezing pipes because of the cold weather – in particular, Watson Farms.

Mayor Havens asked that the Town Manager invite Mr. Craig Stevenson in to a Council meeting to meet the Members of the Town Council.  Mr. Galligan said that he would do that sometime in March.  

The Mayor then asked the Town Manager if he “directed all of his (Mr. Stevenson’s) activities.   Mr. Galligan replied that he did.  Mayor Havens then asked if Mr. Stevenson “laid out any plans on his own initiative.”  The Town Manager replied that he did; and noted that he and Mr. Stevenson had recently met to develop a “proposed scope of work;” at which time, Mr. Stevenson suggested that “items of business retention—such as a visitation program” should be reestablished; and he wished to be a part of that program.  They discussed the need to know “opportunities for growth;” “expansion needs of businesses’” assessing existing industries; managing the efforts to “market the Town;” identify available real estate; etc.

Mayor Havens then asked how much had been budgeted this year for Mr. Stevenson.  Mr. Galligan responded that, this year, it was $9,000.  

Councillor Delnicki mentioned the Superintendent’s proposed 4% Budget that was included in Council’s packet.  Mr. Delnicki said he would be proposing a few questions that he wished Mr. Galligan to forward to Dr. Wood.  Saying he certainly did not expect the answers this evening, the Councillor then asked—

How many people are employed by the Board of Education as of—January 1, 2002; January 1, 2003; and January 1, 2004?

How many additional employees were hired after the passage of the 4.2% increase the Council gave them last year?  (Include the total number of employees hired as a result of the Town Council returning their “surplus” over to the Board.)


ITEM:

10.     Communications and Reports from Town Manager  (Continued)

Continuing, Councillor Delnicki said he wished to preface his next question by stating that he recalled that the Town Council considered rejecting the Teachers’ Binding Arbitration Contract; and, in retrospect, he felt that he probably should have voted to reject it.  The Councillor then asked what was going to be the cost, in dollars, in the upcoming Budget for the Board of Education to “fund that settlement?”

Also, of the 24/25 positions being eliminated were positions “added last year as a result of the Budget approved by Council; and how many of those positions are in the Administrative group?”

Lastly, with regard to the possibility of “moving somewhere between $500,000 and $600,000 in technology purchases, normally contained within the Board of Education Budget, to the Capital Projects Budget?  

Councillor Delnicki then asked the Town Manager if this fact was true.  Mr. Galligan responded that this was a proposal made by the School Superintendent; however, the proposal had not, as yet, been accepted by the Capital Projects Committee.  Mr. Galligan speculated that what was being proposed was $647,000 next year; about $135,000 the following year; and about $70,000 the next year.  Councillor Delnicki felt this “was not the right move at this time;” and confusion would be created by such a move “this late in the game.”

Mayor Havens reminded Councillor Delnicki that the Town Council would be sitting down with the Board of Education to discuss such issues during the upcoming Budget process.

Councillor Fine then asked the Town Manager the status on “adult softball.”  Mr. Galligan replied that Director of Recreation Ray Favreau was having an “emergency meeting” sometime in the upcoming week with the softball people.  The Town, he added, has tried to move the “softball people,” temporarily, into other Towns such as Vernon, East Hartford, etc.  However, the schedules in these Towns, too, is “very tight,” and none have come forward to offer to take a few of our teams.  These issues, according to the Town Manager, would be discussed with the softball people during the previously-mentioned emergency meeting.  




ITEM:

10.     Communications and Reports from Town Manager  (Continued)


Mr. Galligan then reminded the Town Council that the Town had already approached Little League about using one of their fields; and Little League had said that this was possible if the Town would take out the infield for the softball season; and then return it to a hardball field in the Fall.  The cost for this project from start to finish would be about $23,000, according to Mr. Galligan.

Councillor Fine asked if there is a possibility that there is not going to be an Adult Softball League.  Mr. Galligan answered that, for one year, this could be a possibility if staff was unable to find another Town to help out.  He again reiterated that Mr. Favreau has been “all over the place” trying to temporarily accommodate our adult softball teams.  

The Councillor then asked if the $13,000 cost to restore the field to hardball included an irrigation system that is not currently there.  Mr. Galligan said he wasn’t certain if that figure included an irrigation system.  Saying she understood there were currently, in South Windsor, 18 Adult Softball Teams, Councillor Fine asked what would be done next year to bring these teams back to South Windsor.  

Councillor Fine then asked for figures showing the cost of restoring the field with an irrigation system included vs. the cost to restore as it was.  

Deputy Mayor Pelkey said, concerning the Budget and regarding the “continuity in comparing the Budgets, one against the other, and comparing ‘apples to apples,’ etc., stated that it was clear to him that the residents “wanted to try something new—new ideas, new concepts.”  He mentioned a consolidation of Town/Board of Education services as a way to save money.

Councillor Pendleton, addressing the Town Manager, said she had reviewed the Board of Education’s proposed Budget over the weekend and was impressed with how easy it was to read and understand.  She asked Mr. Galligan to consider “doing the Government Budget like that.”  

Addressing the Town Attorney, Councillor Pendleton then asked about the “flooding, melting snow, ice, rain” issue on Buckland Road, and where the Town stood with regard to solving this problem.  Atty. Guliano responded that the Town had just entered into an Agreement with an engineering firm who is in the process of looking at the problem—with a report back due from them in 4 to 6 weeks.
ITEM:


11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Mayor Havens asked for an update, soon, on the progress of the Council-appointed Union School Study Committee.  Mr. Galligan said they have had about two meetings already; and he would forward the Minutes of those meetings to the Mayor for his information.

Councillor Fine then asked for an update, or status report, on Evergreen Walk.  Mr. Galligan said he would unless the information was privileged because of ongoing litigation—in which case, he would have to advise Council of status in an Executive Session.  The Councillor said he was primarily interested on where the development of the project stood at the moment.  Mr. Galligan reported that it was “moving right ahead;” and, until “some Judge puts an injunction, or whatever” they would continue to move ahead.  Right now, he added, they’re “moving a lot of dirt; testing the soil for make certain it can sustain foundation work, etc.

Also regarding Evergreen Walk, Mr. Galligan stated that two (2) proposals would shortly be coming to Planning and Zoning—one, L.A. Fitness (an indoor swimming facility/gym, etc. - 50,000 square feet in size; and, second, Wild Oats, 23,000 square feet—which, because of a previous agreement with Stop & Shop
the Planning and Zoning Commission must, first, determine whether Wild Oats is a “super-market,” or a “specialty store.”  He continued.

Atty. Guliano, referring to the ongoing lawsuit affecting Evergreen Walk, said an agreement was reached, in Court, with the Judge and a new date of February 24 has been given.  The Town Attorney explained further to the point where he could no longer comment on this case.

Town Manager Galligan then, at the request of the Mayor, went on to explain how this development may affect the Grand List of October 2004.


ITEM:

15.     Consent Agenda

Motion to accept Agenda Items 16. A. through 16. G. and 17. A. as the Consent Agenda.

Was made by:    Councillor Fine
Seconded by:    Councillor Aman
The Motion was: Approved, unanimously

16.     Unfinished Business

*A.     Appointment of Robin Surwilo (D) to the Drug and Alcohol Abuse Prevention Commission

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.

(APPROVED BY CONSENT AGENDA)

*B.     Appointment of Jean Klein (D) As an Alternate to the Historic District Commission

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.

(APPROVED BY CONSENT AGENDA)

*C.     Appointment of Robin Surwilo (D) as an Alternate to the Planning and Zoning Commission

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.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business  (Continued)


*D.     Appointment of Dan Jeski (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council appoints Dan Jeski to the Public Building Commission for a term ending November 30, 2007

(APPROVED BY CONSENT AGENDA)

*E.     Appointment of Ron Banks (D) as an Alternate to the Zoning Board of Appeals

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.

(APPROVED BY CONSENT AGENDA)

*F.     Reappointment of Donald H. Gates (R) as an Alternate to the Inland/Wetlands Agency

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.

(APPROVED BY CONSENT AGENDA)

*G.     Appointment of Carol Kelley (R) to the Public Building Commission

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.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business  (Continued)

H.      Appointment of Joel Nadel (D) as an Alternate to the Zoning Board of Appeals

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.

Was made by:    Councillor Paquin
Seconded by:    Deputy Mayor Pelkey

At this point, Town Attorney Barry Guliano requested that this item be tabled until the next Regular Meeting in order to allow the current Alternate to the Zoning Board of Appeals the opportunity to participate in the conclusion of long-standing ZBA business about to be concluded.

The Motion was made, duly seconded, and approved to Table this Motion until the February 17th Regular Meeting of the Town Council.

I.      Appointment of Harvey Fine (D) as an Alternate to the Patriotic Commission

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.

Was made by:    Councillor Pendleton
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, unanimously

J.     Appointment of Bonnie Enes as the Town’s First “Poet Laureate”

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.

Was made by:    Councillor Pendleton
Seconded by:    Councillor Delnicki

(Resolution Continued on Next Page)


ITEM:

16.     J.  (Continued)


Deputy Mayor Pelkey moved to amend the Resolution to read:  “…….for a term ending November 14, 2005, or until such time as a successor is appointed.”   The Motion to Amend was seconded by Councillor Delnicki, and approved, unanimously.  

Mayor Havens then called for a vote on the Amended Resolution.  It was approved, unanimously.

17.     New Business

*A.     Resolution Appointing Louise Evans a Residential Representative to South Windsor’s Open Space Task Force, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Louise Evans to the Open Space Task Force, to serve this agency as a “residential representative,” and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

B.      Resolution Setting a Time and Place for a Public Hearing on a Grant Application to the Capitol Region Council of Governments for a Buckland Hills Corridor Study

BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, February 17, 2004, at 6:30 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 a grant application to the Capitol Region Council of Governments for a Buckland Hills Corridor Study.

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




ITEM:

17.     New Business   (Continued)


C.      Resolution Setting a Time and Place for a Public Hearing on a Grant Application to the Capitol Region Council of Governments for Reconstruction of Kelly Road

BE IT RESOLVED that the South Windsor Town Council sets Tuesday, February 17, 2004, at 6:45 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 a grant application to the Capitol Region Council of Governments for full reconstruction of Kelly Road.

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

D.      Resolution Authorizing Amendments to Designated Employee Benefit Plans and Adopting the ICMA Retirement Corporation’s VantageCare Retirement Health Savings Program

WHEREAS, the South Windsor Town Council has considered the benefits to be derived for the employees of the Town of South Windsor, Connecticut (hereinafter referred to as “Town”) from the continued operation of certain defined contribution retirement plans; and

WHEREAS, the Town Council has determined that it is in the best interest of the Town and its employees to amend, collectively, each of the following defined contribution plans (hereinafter referred to as “Plans”):

Town of South Windsor Employee Benefit Plan (commonly referred to as the Town 401 Money Purchase Pension Plan and hereinafter referred to as the "ICMA 401 Plan");

Town of South Windsor Section 457 Employee Benefit Plan (as presently administered by the Hartford Life Insurance Company, and hereinafter referred to as the "Hartford 457 Plan"); and
 

(Resolution Continued on Next Page)

ITEM:

17.     D.  (Continued)

Town of South Windsor Deferred Compensation Plan (a Code Section 457 Plan as presently administered by ICMA and hereinafter referred to as the "ICMA 457 Plan") to conform the Plans with legislative changes and final regulations issued by the Internal Revenue Service, and to further conform the Plans' definition of compensation for benefit purposes to recognize compensation deferred by an employee under the Town's new Retirement Health Savings Plan;

and

WHEREAS, the Town Council has determined that it is in the best interest of the Town and its employees to adopt a new Retiree Health Savings Plan and Retiree Medical Reimbursement Plan for the benefit of its non-bargaining unit Member employees

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves Amendment 2004-1 to the ICMA 401 Plan effective as of March 1, 2004; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby approves Amendment 2004-1 to the Hartford 457 Plan effective as of March 1, 2004 and such other dates as specified in such amendment; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby approves the complete amendment and restatement of the ICMA 457 Plan effective as of March 1, 2004; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby adopts the Town of South Windsor Retirement Health Savings Plan (hereinafter referred to as the "Retirement Health Savings Plan"), in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings program, effective as of March 1, 2004 or as soon as administratively practicable thereafter, as determined by the Town Manager; and

(Resolution Continued on Next Page)

ITEM:

17.     D.  (Continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby adopts the Town of South Windsor Retiree Medical and Dental Expense Reimbursement Plan, effective as of March 1, 2004, or as soon as administratively practicable thereafter as determined by the Town Manager; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby adopts the Town of South Windsor Retirement Health Savings Plan Integral Part Trust (hereinafter referred to a the "Health Savings Plan Trust"), effective as of March 1, 2004 or as soon as administratively practicable thereafter, as determined by the Town Manager; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby appoints the Town of South Windsor, acting by and through the Town of South Windsor Pension Committee, as Trustee of the Health Savings Plan Trust; and

BE IT FURTHER RESOLVED, that the Town Manager and any other official designated by him, are hereby authorized, empowered and directed to execute the above_referenced legal plan documents and amendments to the Plans; and

BE IT FURTHER RESOLVED that the Town Manager, and any other official designated by him, are hereby authorized, empowered and directed to do any and all acts and execute any and all documents necessary to effectuate the foregoing resolutions.

Was made by:    Councillor Aman
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously

E.      Resolution Approving a Tax Refund to Thirteen (13) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approved a tax refund to thirteen (13) South Windsor taxpayers, the total of said refunds being $7,171.94 and as shown on attached Exhibit A.

Was made by:    Councillor Yacavone
Seconded by:    Councillor Paquin
The Motion was: Approved, unanimously  

ITEM:

17.     New Business   (Continued)

F.      Resolution Approving the Transfer of $35,000 from Contingency Account to Public Works Sand and Salt Account to Cover Expenses for Snow Removal

BE IT RESOLVED that the South Windsor Town Council approves the transfer of $35,000 from Contingency Account #001-1910-9001-390 to Public Works Sand and Salt Account #001-1332-3112-224 to cover anticipated materials needed for remainder of winter season.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously

18.     Passage of Ordinance  -  None

19.     Communications and Petitions from Council (Continued)  -  None

20.     Executive Session  -  None

21.     Motion to Adjourn

A Motion to Adjourn was made at 9:20 p.m. by Deputy Mayor Pelkey; duly seconded; and approved, unanimously.


Respectfully submitted,


                                                        
Patricia R. Brown
Clerk of the Council

Attmt.  (Exhibit A.)