TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 July 19, 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 Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Absent: Councillor Judith Paquin
Mayor Havens called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message – None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of June 7, 2004 and Work Session of July 6, 2004.
Made by: Councillor Delnicki
Seconded by: Councillor Streeter
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
The following items were addressed by Mr. Galligan as part of his report:
The Town Clerk has received a grant for $7,000 this year for the retention of records—the highest the Town has thus received.
This evening’s Agenda includes a Resolution for $16.3 million relating to the DEP Program which the Town has been working on for the past two years. Mr. Fred Shaw will be addressing this item.
Mrs. Patricia Botteron, Chairperson of the Open Space Task Force, has sent a memorandum requesting that she attend a future meeting to discuss, with Council, properties and development rights.
The Town has received a Memorandum of Understanding concerning the Town’s participation in the Statewide Fire-Rescue Disaster Response Plan, and a Resolution is included on the agenda this evening.
An agreement with the Public Works Department requires the Council’s approval, and a Resolution is included on the agenda this evening.
The Town Manager and the Superintendent of Schools have met and are organizing a committee to look at shared services. Consideration is being given to having a facilitator as part of that committee.
A Public Hearing is scheduled for August 30, 2004, which will be followed by a Special Hearing to address the referendum question.
Mr. Galligan has spoken with counsel at Robinson & Cole, and a draft concerning outsourcing is being prepared for the State Education Department.
The area along Route 5 is once again becoming overgrown, and the Town Manager may, in September, be requesting funds to address this issue.
At this point, Councillor Streeter said that it was good to see that the Town Manager was moving forward with the Board of Education for consolidation. He noted that he had seen in the East Hartford Gazette that East Hartford has a Charter Revision Committee that has been meeting for nine months and has recommended a five-year phase-in relating to consolidation of the Finance and Purchasing Departments between that Town and their Board of Education.
10. Communications and Reports from Town Manager (Continued)
Councillor Aman requested an update concerning the problem of left turns out of the Town Hall parking lot and the enforcement policy on this issue. Mr. Galligan said that there have been “Exit” signs posted at the Church and there will be “no Left Turn” signs posted there as well. Town staff has been advised that cutting through the Church parking lot will not be allowed. Mr. Galligan added that he had suggested to the Chief Tyler that a police unit be placed near the exits onto Sullivan Avenue for a period of time.
Mr. Galligan said he would be responding in writing to the Church via Roy Normen.
Reports from Standing Committees
Councillor Fine reported that the Personnel Committee would be meeting the following evening to discuss the format of the evaluation forms.
Reports of Temporary Committees
Deputy Mayor Pelkey, stating that he had distributed an overview of the space needs at the last Council meeting, said he had not heard anything back from anyone about the material.
Communications and Petitions from Council
Councillor aman said that, as a result of the petition the Council had received from the senior citizens, he had received a couple of letters on the same subject—the Community Center. In response to the request of Mr. Stuart Meyerhans, the author of one of the letters, Councillor Aman read the letter into the record. In said letter, Mr. Meyerhans expressed his belief that the time has come to consider a “Senior Center” separate from the “Community Center,” so that senior citizens have a place where they might have activities in a far greater scope than those now available at the present facility. He said that the senior citizens are gradually being forced to move or discontinue some of their activities because of needs of the community for activities for which there are no
other meeting places.
Councillor Aman stated that he had also received a letter from Joe Carino regarding this subject and the prioritization of rooms for use by the Recreation Department. Mr. Galligan indicated that Dennis Sheridan, Director
13. Communications and Petitions from Council (Continued)
of the Human Services Department, had met with Ray Favreau, Director of the Recreation Department, to determine the best use of rooms at the Community Center. Mr. Galligan said that the Space Needs Committee will be looking at the size of the Community Center and how the building can be expanded.
Public Participation – None
Consent Agenda – None
Unfinished Business – None
New Business
A. Resolution Accepting the Resignation of Kathleen Brady (RR) from the Historic District Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Kathleen Brady from the Historic District Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council wishes to use this opportunity to thank Kathy for her years of active membership, her leadership as Chair; and her dedication to the preservation of the values that are a part of South Windsor’s historical areas.
Made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
B. Appointment of Mark Abrahamson (D) to the Agricultural Land Preservation Advisory Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Mark Abrahamson to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2004, to fill the unexpected term of Jacqueline Smith, and hereby tables the same.
Made by: Councillor Yacavone
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
17. New Business (Continued)
C. Appointment of James Kupchunos (D) to the Agricultural Land Preservation Advisory Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints James Kupchunos to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2004, to fill the unexpired term of Sherwood Waldron, and hereby tables the same.
Made by: Councillor Yacavone
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
Resolution Introducing a Proposed Amendment to Section 90-4 of the Code of Ordinances, Town of South Windsor, Connecticut entitled “Veterans’ Exemption,” and Setting a Time and place for a Public Hearing Regarding Said Amendment
BE IT RESOLVED that the South Windsor Town Council hereby introduces a proposed Amendment to Section 90-4 of the Code of Ordinances, Town of South Windsor, Connecticut entitled “Veterans’ Exemption,” said Amendment attached hereto as Exhibit A.; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby sets Tuesday, September 7, 2004, at 7:30 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 the proposed Amendment.
Made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
Resolution Setting a Time and Place for a Public Hearing Regarding an Appeal for Release from the Moderate Priced Housing Program
BE IT RESOLVED that the South Windsor Town Council sets Monday, September 20, 2004, at 7:30 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 an appeal for release from the Moderate Priced Housing Program; and
(RESOLUTION CONTINUED ON NEXT PAGE)
17. E. (Continued)
BE IT FURTHER RESOLVED that the Town Attorney is directed to refer the proposed release to the Planning and Zoning Commission and the South Windsor Housing Authority for comment at or prior to said public hearing, in accordance with the provisions of Article II, Section 5, of the South Windsor Moderate Priced Housing Program.
Made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
Resolution Authorizing the Town Manager to Enter Into an Agreement with the State of Connecticut on Behalf of the Town of South Windsor for Participation in a Statewide Fire-Rescue Disaster Response Plan by the Signing of a “Memorandum of Understanding” for Same
BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to execute a “Memorandum of Understanding” on behalf of the Town of South Windsor with the State of Connecticut’s Commission on Fire Prevention and Control, Office of State Fire Administration and the South Windsor Volunteer Fire Department to render and receive mutual aid by participating in a Statewide Fire-Rescue Disaster Response Plan; and
BE IT FURTHER RESOLVED that said Agreement is more fully described in attached Exhibit B., entitled “Memorandum of Understanding Regarding Participation in the Statewide Fire-Rescue Disaster Response Plan for ESF 4 and 9,” which Exhibit is made a part hereof.
Made by: Councillor Streeter
Seconded by: Councillor Delnicki
Mr. Galligan explained that South Windsor’s Fire Chief is the head of this region and would be in command in the event of a disaster. He said that it is necessary for the Memorandum of Understanding to be signed by all the communities in the region so that coverage is in effect for firefighters whether they are serving in their own town or one of the other towns within the region.
17. F. (Continued)
When asked whether this applied to disaster only or during the course of normal fire-fighting, Mr. Galligan responded that mutual aid agreements are already in existence for surrounding towns. This applied to the entire region, involving approximately 17 towns.
The Motion was: Approved, unanimously
Resolution Authorizing the Transfer of $45,000 from Capital and Non-Recurring Expenditures Account to Capital Projects Account to Cover the Cost of Additional Architectural Fees for the “Elementary Schools Modernization Project”
BE IT RESOLVED that the South Windsor Town Council hereby authorizes the transfer of $45,000 from the Town’s Capital and Non-Recurring Expenditures Account to Capital Projects Account #004-4300-4337-320, said funds to be used to cover the cost of additional architectural fees associated with the “Elementary Schools Modernization Project.”
Made by: Deputy Mayor Pelkey
Seconded by: Councillor Streeter
Deputy Mayor Pelkey noted the importance of having all the facts available before a vote is taken which involves spending millions of dollars.
Councillor Delnicki, although acknowledging the need for the elementary schools to be renovated to meet today’s standards with regard to ADA requirements, building codes, etc., expressed his concern with regard to the timetable—the fact that drawings and cost estimates will not be available until the final report is back on August 17. He said his vote against the resolution this evening would be a symbolic one because of that short timetable.
Councillor Delnicki also expressed uncertainty about the Town’s ability to answer questions concerning the project, once the vote is taken on the referendum question. He asked the Town Attorney to address this question, based upon past experience with the Elections Enforcement Commission. Atty. Guliano said the restrictions referenced by the Councillor deal with the fact that public money cannot be used to advocate one position or another, once it has been set to go to referendum. It does not stop the exchange of questions; it does, however, restrict the Council in terms of how information which would either be in favor of, or against, the referendum could be provided to the public. That restriction starts as soon as it is put out for referendum.
17. G. (Continued)
Mayor Havens said that he would be supporting the Resolution. Referencing comments made by Mr. Fitts this evening, the Mayor said that there has been $200,000 invested in the plan to date and that should not be wasted.
The Motion was approved, 6 Ayes to 2 Nays, as follows:
Councillor Fine Yes
Councillor Aman Yes
Coundillor Delnicki No
Councillor Pendleton No
Councillor Streeter Yes
Councillor Yacavone Yes
Deputy Mayor Pelkey Yes
Mayor Havens Yes
Councillor Fine stated that she would be recusing herself from the next discussion.
Resolution Introducing a Proposed Ordinance to “Provide Exemption from Real Property Tax for Qualified Farm Buildings,” and Setting a Time and Place for a Public Hearing Regarding Said Ordinance
BE IT RESOLVED that the South Windsor Town Council hereby introduces a Proposed “Ordinance to Provide Exemption from Real Property Tax for Qualified Farm Buildings,” said proposed Ordinance attached hereto as Exhibit C.; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby sets Tuesday, September 7, 2004, 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 said proposed Ordinance.
Made by: Councillor Aman
Seconded by: Councillor Streeter
Councillor Aman asked the Town Manager to contact the two commissions which deal with the farm population to make certain they are aware of this. He said he was especially interested in hearing their comments on how this will impact “true farmers” versus “gentlemen farmers” in town, as well as “corporate farmers.”
17. H. (Continued)
Mayor Havens asked the Town Manager to provide a figure as to the “revenue which the Town would be deprived of.”
The Motion was: Approved, unanimously
I. Resolution Appropriating Sixteen Million Three Hundred Thousand Dollars ($16,300,000) for the Engineering, Design, and Construction of Upgrades to the South Windsor Wastewater Treatment Plan, and Authorizing the Issuance of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) Clean Water Fund Obligations of the Town Under the State of Connecticut Clean Water Fund Program Secured Solely by Revenues of the Sewerage System and Authorizing the Town to Enter into Grant and Loan Agreements
BE IT RESOLVED that the sum of $16,300,000 is appropriated for the engineering, design and construction of improvements and upgrades to the Town of South Windsor Water Pollution Control Facility to be completed in substantial accordance with plans and specifications as outlined in the town of South Windsor, Connecticut Wastewater Facilities Plan, dated September 2002, prepared by Camp, Dresser & McKee, Incorporated, and as may be further amended from time to time in the best interests of the town, and for engineering administrative, printing, legal and financing costs related thereto, including but not limited to trustee fees, credit enhancement, and bond funded reserve requirements as applicable, said appropriation to be inclusive of any and all State and Federal grants-in-aid thereof (collectively, the “Project”) and as more fully described in attached Exhibit D., which exhibit is made a part hereof.
Made by: Councillor Fine
Seconded by: Deputy Mayor Pelkey
Fred Shaw, Superintendent of Pollution Control, explained that this is one more step in the effort to upgrade the treatment plant through grants and a loan program through the State Department of Environmental Protection (DEP). This step is necessary in order to take the next step, which is to make application for the design funds for the upgrade of the treatment plant. The intent is to make application to the DEP this summer for the grant for the design only (not to begin the work until it has been approved and forwarded to the Bond Commission; and then when the Bond Commission has appropriated the funds to begin that effort). Mr. Shaw said they anticipate a year to
17. I. (Continued)
complete the design work for the project; and before they can move forward to the construction phase, it is necessary to get approvals from DEP and the Bond Commission.
Mr. Shaw said that the intent is not to begin the process until the Town has the grant approved by the State and the funds appropriated by the Bond Commission. Each month application would then be made for reimbursement during the course of the project.
Councillor Delnicki asked if there would be any effect on property taxation as a result of the bonding, and Mr. Galligan said there would not; it all comes out of the sewer fund. He added that there will be no effect on the bond rating.
The Motion was: Approved, unanimously
J. Resolution Introducing a Proposed “Parade and Public Assembly Ordinance,” and Setting a Time and Place for a Public Hearing Regarding Same
BE IT RESOLVED that the South Windsor Town Council hereby introduces a Parade and Public Assembly Ordinance,” said proposed Ordinance attached hereto as Exhibit E.; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby sets Monday, September 20, 2004 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 the proposed Ordinance.
Made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
A motion was made by Deputy Mayor Pelkey to move the question. The motion was seconded and was unanimously approved.
The Resolution was defeated, 7 Nays to 1 Aye, as follows:
Councillor Fine No Councillor Streeter No
Councillor Aman No Councillor Yacavone No
Councillor Delnicki Yes Deputy Mayor Pelkey No
Councillor Pendleton No Mayor Aman No
17. New Business (Continued)
K. Resolution Amending Implementation Requirements Associated with the Town’s Policy on Ethics in Government and the State of Connecticut’s Freedom of Information Regulations
WHEREAS, the Town of South Windsor has a policy on Ethics in Government; and the State of Connecticut has established “Freedom of Information Regulations”; and
WHEREAS, the citizens and employees of South Windsor would benefit greatly by informed compliance with all aspects of said policy and/or regulations
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council directs the Town Manager to establish a new procedure whereby all Town employees, at their employment orientation receive, for review, a copy of said Ethics Policy; and acknowledge said review by individually signing a statement of their understanding of same, and intention to comply with all aspects of said policy; and
BE IT FURTHER RESOLVED that the Town Manager is directed to have all Department Heads, Assistant Department Heads, Town Council Members, and Board and Commission Chairpersons and Members attend a mandatory meeting every two years for the purpose of conducting a review of the policy on Ethics in Government and the requirements of the State’s Freedom of Information Regulations, so as to improve compliance with said regulations; and
BE IT FURTHER RESOLVED that said mandatory meeting shall take place following each November’s biennial election of Town officials.
Made by: Councillor Fine
Seconded by: Deputy Mayor Pelkey
Mr. Galligan said that such meetings had previously been held on an annual basis; however, it is believed that it would be more appropriate for one to take place every two years in conjunction with the election of the Town Council.
Councillor Streeter expressed concern with the word “mandatory” in the Resolution. Atty. Guliano explained that the Town is required by Statute to have the presentation and Board and Commission members are supposed to attend. It requires attendance, but it does not, however, provide any penalty for those who do not attend.
17. New Business (Continued)
L. Resolution Approving a Refund of Property Taxes to Ten (10) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to ten (10) South Windsor taxpayers, the sum of said refunds totaling $927.61 and as shown on attached Exhibit F.
Made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
M. Resolution Accepting the Agreement Between the Town of South Windsor, Connecticut and Local 1303-028 of Council #4, AFSCME, AFL-CIO for the Period July 1, 2004 through June 30, 2008
BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to enter into a Contract between the Town of South Windsor, Connecticut and Local 1303-028 of Council #4, American Federation of State, County and Municipal Employees, AFL-CIO, said Contract to be in effect from July 1, 2004 through June 30, 2008.
Made by: Councillor Yacavone
Seconded by: Deputy Mayor Pelkey
Mr. Galligan explained that negotiations with the Public Works Union have been occurring during the past few months. He then touched upon the following highlights:
Additional Shift - the Union has agreed to work with the Town.
Injury Leave - Under the State Statute, after the first five days, an individual would apply to Workers’ Compensation and the Town would pay 90 days at full salary. Although the Town would be reimbursed by the Insurance Carrier for two-thirds of this amount, the Town was “out there” for 90 days paying for it. Under this contract the amount of time has been reduced to five (5) weeks. If additional time is required, the employee can use other types of leave.
Compensation Time usage – This has been reduced from 60 hours to 48 hours.
Safety Glasses – If their glasses are damaged and this is verified by a supervisor, the Town will pay up to $200.
Pension Plan – this has been upgraded so that everyone is getting the same type of benefits, based upon their salary.
Wages – effective July 1, 2004 - 0 percent; effective July, 1, 2005 - 3.5 percent; effective July 1, 2006 - 3.5 percent; and effective July 1, 2007 - 3.5 percent.
17. M. (Continued)
After Mr. Galligan spoke of how well the negotiations had proceeded and how fair the contract is, he urged the Council to pass the Resolution.
The Motion was: Approved, unanimously
18. Passage of Ordinance – None
19. Communications and Petitions from Council (Continued)
In response to questions concerning the new trash containers, Mr. Shaw stated that the new ones would be delivered to residents next week and they can be used as soon as they are delivered. The collection of old trash containers, both metal and plastic, would be made during the week of August 9th, and those containers should be both empty and clean.
20. Executive Session – To discuss pending or potential litigation (Red Star Trucking)
Deputy Mayor Pelkey made a motion to go into Executive Session to discuss pending or potential litigation, with Red Star Trucking being the subject. The motion was duly seconded and was unanimously approved.
21. Motion to Adjourn
The Regular Meeting adjourned immediately following the conclusion of the Executive Session.
Respectfully submitted,
Merlyn P. Guild
Assistant to the Clerk of the Council
Attachments – Exhibits A, B, C, D, E and F
| 
