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Town Council - Regular Meeting - 10-4-2004
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
Councillor Roseann Williams

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


ITEM:

5.     Public Input

Mr. James Throwe, 1330 Main Street, said he was speaking to the Proclamation that had just been read regarding October being named "Disabilities Awareness Month."  He said that as the Guardian of two learning disabled men who have "mainstreamed" since leaving the Mansfield Training School 50 years ago; and who worked all their lives for a lady in East Windsor who took care of them, he is aware that it takes a long time to fulfill their needs because of the shortage of personnel in the various State Departments designated to be responsible to meet these peoples needs.

Mr. Throwe wanted everyone to recognize the fact that, in Disabilities Awareness Month, we recognize these people who are among us working and living independently, and keeping a burden from the taxpayers.

Next to speak was Mr. Paul Burnham, 25 Pear Tree Lane.  Mr. Burnham said he was present as "President of the South Windsor Jaycees, to present a check to the Town's Car Safety Seat Program run by Police Sgt. Tom Fields.  Mr. Burnham said that the Jaycees had run a fund-raiser back in July of this year.  He then presented Sgt. Field with a check for $720.  Sgt. Field then thanked the South Windsor Jaycees on behalf of the South Windsor Police Department.  He added that, were it not for Police Chief Tyler, and the support of people like the Jaycees, the Department would not have "such a fantastic program."
ITEM:

5.      Public Input  (Continued)

Debbie Burnham, 25 Pear Tree Lane, was in attendance this evening presenting a second check from the South Windsor Jaycees.  She said that on June 7, the Jaycees ran a project called "Children's Theatre"-a professional play brought into Town and which was, in this case, held at Wapping Elementary School.  People who attend are asked to donate toward the project, and is also used as a fund-raiser.  Mrs. Burnham informed the Council that, this year, the money was divided 50% for Juvenile Diabetes; and 50% to "My Friend's Place."  The donation for "My Friend's Place" totaled $600 and was presented this evening to that group.

Ray Favreau, referring to the Boundless Playground Project ("My Friend's Place") said the group would be back in two weeks to give the Town Council an update on this project.

Paul Petrillo, 17 Robin Court, Middletown, Ct., Chairman of the annual Wapping Fair for the past four (4) years.  Mr. Petrillo, expressing his gratitude for all the assistance provided by Town forces for the Wapping Fair, reminded Council that, last year, the Fair Committee announced that they would be starting a Community Fund which would enable them to provide financial support for large scale projects going on in the community.  

Continuing, Mr. Petrillo said that the Wapping Fair Committee had the first two-(2) presentations coming out of that Fund.  During the Fair this year, he stated, "My Friend's Place" had a children's booth as part of the Fair in order to raise funds for their cause.  They raised several hundred dollars, he added.  However, the Fair Committee chose to donate an additional $2,000 to "My Friend's Place."

Additionally, Mr. Petrillo said the Fair Committee also wished to make a donation toward the Town's purchase of numerous defibrillators to be located at various public locations in Town.  Striving to make a difference in someone else's life, the South Windsor Jaycees, through the Wapping Fair, wished to present the Town with a check for $3,000 for the purchase of another defibrillator.

Mayor Havens offered his sincere thanks to the South Windsor Jaycees, and the Wapping Fair Committee for their very generous contributions to such worthwhile causes.


 

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

Mr. Robert Moeller, Chairman, Patriotic Commission reported to Council on upcoming events.  The first item was the Town's continuing participation in

                Hartford's "Connecticut Veterans Day Parade"

        Date:           Sunday, November 7, 2004
        Time:           Starting time will be 1:00 p.m.

Mr. Moeller said that a bus to carry South Windsor's participants in this Parade will depart from the Community Center on Nevers Road no later than 10:00 a.m.  He added that members of the American Legion, VFW, Town Council and any South Windsor veteran is encouraged to participate.  The Police Color Guard, according to Mr. Moeller, will lead the Town; and, hopefully, will be accompanied by the Timothy Edwards Middle School Band.

Mr. Moeller said that more complete details would be forthcoming in about two weeks.

Again, with regard to recognizing our veterans, Mr. Moeller gave the following details about our local Veterans Day Ceremony on November 11:

        Date:           Thursday, November 11, 2004
        Time:           11:00 a.m.
        Place:          Veterans' Memorial Park




ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council  (Continued)


Mr. Moeller said that in addition to the cemetery, the Patriotic Commission would be unveiling a monument dedicated to the deceased members of the Patriotic Commission.  He added that it is a bronze plaque, mounted on a slanted stone; and reads:  South Windsor Patriotic Commission, In Memory of Commission Members Who Have Served their Community"  

The Chairman said that the plaque will hold 42 nameplates; and the first four names will include:  William McGill, Ralph Rennie, June Andrele, and Frank Devney.

Mr. Moeller said that he had received an invitation to participate in a two-day Veterans Service Conference.  He said the Town Manager asked him to attend as South Windsor's representative.  He did attend this Conference which was held at the Veterans' Home in Rocky Hill last Tuesday and Wednesday.

Saying that the Conference was "very informative," Mr. Moeller said that the issues discussed were:  Education; Casualty Assistance; Employment; Homeless Veterans; Mental Health; and Women Veterans' Issues.  While there, he said, the Towns of Manchester and Wethersfield asked him to supply them with a copy each of our Charter and the Bylaws of the Patriotic Commission, so that they might be able to establish their own veterans commission.

Many of the veteran attendees, according to Mr. Moeller, were unaware of the veterans tax benefits that are available, one of which the Town of South Windsor has just updated.  He felt that we will now be able to provide our veterans with a service that will enable them to get the help and benefits they need and deserve.  He asked if there were any questions.  There were none.

10.     Communications and Reports from Town Manager  -  Mr. Galligan covered this item during the prior Work Session.

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

ITEM:

13.     Communications and Petitions from Council

Councillor Fine extended an invitation from the Park and Recreation Commission which, in conjunction with the Recreation Department, was sponsoring a presentation by Bob Bigelow on "What's Good--What's Bad--and What Should be Changed in Youth Sports" on Thursday, October 7, 2004, starting at 6:30 p.m., in the Timothy Edwards Middle School Gymnasium.  She explained that Mr. Bigelow is a former college and professional basketball player; and a "national expert" on kids' sports.  

Continuing, Councillor Fine said that Bob Bigelow has written a book called Let the Kids Play; and this book discussed at what age kids should be cut; what sports should be geared to the particular age of players; and, at what age kids should specialize in one sport.  All parents and young athletes, coaches, and Town Leaders, she added, were being urged to attend this very important community discussion.  

14.     Public Participation  -  None

15.     Consent Agenda  -  None

17.     New Business

A.      Acknowledgement of the Resignation of Daniel J. Rys (R) from the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Daniel J. Rys from the Economic Development Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the Town Council thanks Mr. Rys for the volunteer time he has rendered to this community by his participation on this very important Commission.

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


ITEM:

17.     New Business  (Continued

B.      Resolution Requesting Board of Education Representation on the Town Council's "Space Needs Subcommittee"

WHEREAS, the Town Council did, in 2001, appoint a "Space Needs Subcommittee" to investigate current and future space requirements of the Town Government; and,

WHEREAS, the Board of Education needs to study current and future space requirements; and,

WHEREAS, the joint Capital Projects Committee believes that economies and cost avoidances may be achieved if the Town Council and Board of Education cooperate where practicable in the identification, acquisition, and use of needed space; and

WHEREAS, the Board of Education is required, by law, to make a continuing study of the need for school facilities

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council approves the formation of a "joint" Space Needs Committee, which Committee will include representatives appointed by both the Town Council and the Board of Education, and whose "charge" will be to investigate the current and future space requirements of both agencies.

Was made by:    Councillor Pendleton
Seconded by:    Councillor Streeter

Town Manager Galligan explained that this was a recommendation of the Capital Projects Joint Committee.  It provides an opportunity for both Town and Board of Education staff to work on space issues under their purview.  He then deferred to the Deputy Mayor.

Deputy Mayor Pelkey added that it became obvious as the Capital Projects Committee spoke of different issues that there is so much "overlap."  The logical next step after looking at "shared services" and "capital projects," he added, was to take a look at space needs.  

Following this discussion, Mayor Havens called for a vote on the Motion.  The Motion was:approved, unanimously.
ITEM:

17.     New Business  (Continued

C.      Discussion Item:  -  Preparations for the "Grant Opening" of Evergreen Walk  -  Requested by Councillor Delnicki

Councillor Delnicki said that ever since the new traffic lights went in on Buckland Road, he had been "fielding" many questions with regard to the project's grand opening.  He felt that South Windsor's residents should hear the particulars for this event from Town Manager Galligan.  The Councillor then referred the Town Manager to the Memorandum he had sent noting the information being asked for by residents.

Although Councillor Delnicki said he understood that the Town Manager might not have all the information at this time, he asked "when are those traffic lights going to go into operation?"  Mr. Galligan responded that unusually, under State law, when new traffic lights are installed anywhere in the State of Connecticut, they should be in a "blinking mode" for 30 days.  

Mr. Galligan said that a "VIP Reception" would be held on the evening of October 28; with the official Grand Opening scheduled for October 29.  At that point, the traffic lights should be in full operation.  

Another question being put to the Councillor very often pertained to the handling of "traffic."  He asked the Town Manager if he was prepared to comment on the traffic control plans.  Mr. Galligan said that Chief Tyler visits Evergreen Walk project every day; and has been coordinating traffic control plans with a representative of Evergreen Walk.  The Town Manager felt that our Police Department was fully prepared for traffic control at the Grand Openings by the use of additional police officers-both our own and, if needed, from other communities.  

Councillor Delnicki then sought assurances that the "officers we see there every morning," acting as traffic management tools there, are being paid for by Evergreen Walk developers, and not by the South Windsor taxpayers.  Mr. Galligan said that was correct-that these were "private duty officers."

Mr. Galligan felt that the Grand Opening of Evergreen Walk is a "big event" that "we are prepared for."  The list of VIPs to be invited have, according to the Town Manager, been handled well-and is up to between 500 and 700 people.

ITEM:

17.     C.  (Continued


Going on to the expected events of October 29, the Grand Opening ceremonies for the public, Councillor Delnicki asked for more information regarding that day.  Mr. Galligan said that he heard from Police Chief Tyler that there will probably be a Parade in the a.m., and another "Grand Opening" for the public.  He said it was his further understanding that South Windsor is looking for "some of the High School Bands to participate," and Manchester and Ellington have agreed; Vernon is not sure; and South Windsor was invited, with the decision to be made by the Board of Education or the Superintendent.

Councillor Delnicki suggested that the Council "use its good offices" to ask the Board of Education to give the request for the presence of our High School Band at this Grand Opening "good, honest, due consideration."  He felt that this was one of those "historic events" in our community.  Mayor Havens asked the Councillors if there was any objection to Councillor Delnicki's request that a letter be sent to the Board of Education regarding this.  There was no objection.

Mr. Mark Grambergs, representing the Evergreen Walk principals, said he was pleased to be given the opportunity to speak; and informed the Council that there would be a "Gala" on the 28th; and a Grand Opening and ribbon-cutting festivities on the 29th.  On the evening of the 28th, the Gala begins at 6:30 p.m., and will extend to 10:30 p.m.  The Charity that will be supported by the tickets sold for the "Gala" is "We are the Children;" and the Master of Ceremonies is Gary Craig with Radio Station 96.5.  That evening, he added, would have one hour of private "preview shopping" among the various people in attendance.  Following the preview shopping, there would be a runway Fashion Show; followed by a group called "Tire Biter."  

Continuing, Mr. Grambergs informed Council that on the morning of October 29th, there will be a ribbon-cutting ceremony.  Various other forms of entertainment will also be in evidence-such as presentations by the High School Bands, as well as the South Windsor Police and Fire Departments.

Councillor Streeter pointed out the magnitude of the "exposure" for the High School Band were they to perform at this Grand Opening.  He pointed out that other High School activities, such as athletics, are often excused from school in order to attend different events; and he thought this should apply to the High School Band in this particular case.

ITEM:


17.     C.  (Continued

Councillor Williams asked if there was a way to list the names of the stores going into Evergreen Walk on the Town's website.  Mr. Galligan said that the Councillor was correct, this list changes almost "daily."  However, once he has sought and received permission from the developers to do this, he would see to it that this information is provided to the public on the website.  

Councillor Paquin stated that, although "thrilled" about Evergreen Walk, she took exception to calling the opening of stores to be a "great historical event in Town."  

Before moving on to Resolution 17. D., Town Attorney Guliano said there was "one minor change" he wished to make to it.  He then provided the change.  

D.      Resolution Authorizing the Town Manager to Accept Delivery of Title to Easement Grants on Two Parcels of Within Evergreen Walk and Entitled "Emergency Access Easement and Public Dedication"

WHEREAS, the developers of the shopping center and lifestyle center known as "Evergreen Walk" on Buckland Road, South Windsor, have offered to dedicate two parcels of land, approximately fifty feet (50') in width running from entrance to entrance of Evergreen Walk from Tamarack Road Entrance on the south to the Evergreen Walk Road Entrance on the north, along and parallel to Buckland Road (a Town road); and

WHEREAS, by this Grant of Easement known as "Emergency Access Easement and Public Dedication" the Grantors have offered to convey a limited right-away along and through these parcels of land for the limited purpose of assuring an open, unobstructed and safe way for the passage of emergency and town vehicles as well as a detour in the event Buckland Road becomes obstructed by accident, construction, etc.; and


(Resolution Continued on Next Page)


ITEM:

17.     D.  (Continued


WHEREAS, the Grantors have offered to continue to construct, maintain and repair a 48-foot wide paved roadway in the easement area and assume all obligations for the costs of its liability, maintenance, and upkeep; and, further, agrees to maintain an open and unobstructed road and access way across certain parcels of land of the Town of South Windsor consisting of the excepted parcel of South Windsor land dividing the two parcels dedicated by the Grantors and a parcel of land at the entrance to "Tamarack Road" and Buckland Road; and

WHEREAS, the Planning and Zoning Commission of the Town of South Windsor has reviewed the CGS 8-24 Referral (Dedication of Right-of-Way at Evergreen Walk) sent to them by the South Windsor Town Council and has notified the Town Council that it "sees no conflict with any approvals granted nor with any zoning or planning considerations"

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council accepts delivery of title to the easement through the parcels of property offered by the Grantors and accepts the covenants and conditions of the Grantor of the deed; and

BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to undertake all actions necessary and accept and record the easement grant; and

BE IT FURTHER RESOLVED that the Town of South Windsor does hereby dedicate the property to be deeded by the foregoing easement as a limited public way for the purposes and subject to the restrictions set forth in the deed, and as more fully described in the Resolution attached hereto as Exhibit A.

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

Atty. Guliano, using a map of Evergreen Walk distributed earlier in the evening, and depicting the two parcels of land for which the Town was accepting delivery of title to Easement Grants; and which it was dedicating as a limited public way, explained the Resolution's content, in layman's language, and the reasons for its need.

 
ITEM:

17.     D.  (Continued


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

E.      Resolution Authorizing the Town Manager to Execute a "Memorandum of Agreement" between the Town of South Windsor and the Capitol Region Council of Governments for 2004 Homeland Security Grant Monies Received under Federal Law

WHEREAS, under Federal Law, the Town of South Windsor is eligible to receive funding from the Fiscal Year 2004 Homeland Security Grant Fund; and

WHEREAS, the Town of South Windsor has elected to administer the Fiscal Year 2004 Homeland Security Grant Fund through a cooperative sub-State regional arrangement; and

WHEREAS, the Department of Public Safety, Division of Homeland Security ("DHS") as the State administering agency of the funds, embraces the regional approach and is working with the designated recipients to implement the goals and objectives of the Statewide Homeland Security Plan; and

WHEREAS, the State Homeland Security Working Group reached consensus on allocation parameters that resulted in specific dollar amounts of available funding for local jurisdictions; and

WHEREAS, the proposed allocation formula was presented to the Governor's Domestic Preparedness Senior Steering Council for review and approval on May 19, 2004; and

WHEREAS, following approval, municipal chief administrative officers were provided notification of the allocation award, a choice of designating the administrator of the award, and pursuant to Federal guidelines, a Memorandum of Understanding for execution should the municipality select the State of Connecticut as the administrative agency; and

(Resolution Continued on Next Page)
ITEM:

17.     E.  (Continued


WHEREAS, for municipalities electing to administer funds through sub-State regional entities, further guidance was requested from the Office of Policy and Management ("OPM"), the agency of cognizance for such regional organizations, regarding the procedures and formalities necessary to distribute the funds; and

WHEREAS, OPM responded that there must be an authorizing Resolution adopted by the legislative body and a written Agreement between the regional planning organizations and the recipient municipalities; and

WHEREAS, additionally, requirements of the Federal financial guide for Grant recipients must also be incorporated in any Agreement or authorizing Resolution among Grant recipients; and

WHEREAS, these include a requirement that all such arrangements must be formalized in the form of a Memorandum of Understanding between the parties involved

NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor, as the recipient of the municipal allocation of the 2004 Homeland Security Grant Funds, hereby approves of and designates the Capital Region Council of Governments ("CRCOG") administrator for all 2004 Homeland Security Grant Funds allocated to the Town of South Windsor; and

BE IT FURTHER RESOLVED that Town Manager Matthew B. Galligan is hereby authorized to execute a Memorandum of Understanding between CRCOG and the Town of South Windsor and any other necessary documents or contracts on behalf of the Town as may be required by the State of Connecticut or the Division of Homeland Security.

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

ITEM:


17.    New Business

F.      Resolution Approving a Refund of Property Taxes to Sixty-six (66) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves the refund of property taxes to sixty-six (66) South Windsor taxpayers, the total of said refunds being $6,222.32 and as shown on attached Exhibit B.

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

The Motion was approved 8 Ayes to 1 Abstention-the Abstaining Vote being cast by Councillor Streeter.


18.     Passage of Ordinance  -  None


19.     Communications and Petitions from Council (Continued)


20.     Executive Session  -  Cancelled


21.     Motion to Adjourn

A Motion to adjourn was made at 9:05 p.m., duly seconded, and approved, unanimously.


Respectfully submitted,

                                        
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A and B.)