TOWN COUNCIL - Regular Meeting
Council Chambers - South Windsor Town Hall
Members Present: Deputy Mayor John Pelkey
Councillor Thomas Delnicki
Councillor Elizabeth Pendleton
Councillor Cary Prague
Councillor Matthew Streeter
Councillor Roseann Williams
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Absent: Mayor Edward Havens
Councillor Deborah Fine
Councillor Judith Paquin
Deputy Mayor Pelkey called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input
First to speak was Marjorie Anthony, 97 Pleasant Valley Road, who came forward this evening as "Chairman of the St. Patrick's Day Parade Committee, for South Windsor. Ms. Anthony then introduced the other Members of the Committee; and this the year 2005's "Town Honoree," Walter Moriarty." She then provided a brief biography on Mr. Moriarty.
Ellen Moran, 195 Dogwood Lane, was present as both a "Pack Master of Cub Scout #389" and as a Member of the Boundless Playground Committee. Ms. Moran wished those listening to know that Cub Scout Pack #389 raised $1,200 for the "Boundless Playground - My Friend's Place." She presented a check for this amount to Deputy Mayor Pelkey; and pointed out that this amount was in addition to the $2,000 raised last year by this same Pack.
Ms. Moran then went on to thank the Town Council for the newly installed skating rink at Oak Street's open space area She added that the rink was proving to be a focal point of the neighborhood; and added that there have been "no traffic issues; and almost everyone there is from the neighborhood.
ITEM:
5. Public Input (Continued)
The Deputy Mayor accepted the $1,200 check on behalf of the "Boundless Playground" committee; and thanked Ms. Moran and Cub Scout Pack #389 for the $3,200 they had raised for The Boundless Playground in the last two years.
Mary Etter, Director, South Windsor Public Library again invited the Town Council to its "Winter Pop Concerts." These concerts are co-sponsored by "The Friends of the Library," "South Windsor Cultural Arts," and the "Library" itself. The next Concert, she added, will be held on February 12; followed by the final Concert on March 5.
6. Environmental Health and Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of January 3, 2005; and Work Session of January 18, 2005.
Was made by: Councillor Prague
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Councillor Pendleton reported that, on January 25, 2005, the South Windsor Board of Education passed a Resolution to "delay the installment of the defibrillators in South Windsor's schools until legislation is passed to protect the schools for any liability." Since, she noted, questions have arisen among the Members of the Town Council and in the newspapers regarding this decision, Councillor Pendleton asked the Town Manager and the Town Attorney to address some of these questions this evening.
ITEM:
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reported that the "Grand List" was signed on January 31; and the Town was "looking at a $62 million increase in taxable assessments which would produce approximately $1.9 million of new revenues. He pointed out that much of this increase was due to Evergreen Walk; but, more importantly, Council should be aware that several tax abatements, granted in prior years, have run their course and the Town is now earning full revenue from these businesses.
Referring to predictions on the upcoming "budget," Mr. Galligan said he "could not give any numbers until the Governor issues her budget for the State-possibly some time this week. He went on to say that his budget would be delivered to the Town Council on March 20th.
On another matter, the Town Manager informed Council that there have been new Bills introduced in the Legislature regarding "Regional Health Districts." He expressed some concern regarding this, in light of the fact that the Town of South Windsor has its own Health Director. However, he added, there has been talk between the Towns of Windsor and South Windsor regarding the creation of such a regional district. Staff, he said, has reviewed this; and there may be additional revenues coming forth because of this regionalization; however, he said, if the law is passed, Towns will then have to form either a "district," or become a member of a "north region district." He said the situation would be monitored to make certain that the impact on the taxpayers is minimized.
Mr. Galligan said he was aware that State Representative Bill Aman has "pushed a couple of Bills regarding Probate Court." The Town Manager said that he would be monitoring those Bills; and, if necessary, will be going in to testify on their behalf.
On another matter, Mr. Galligan said that negotiations for three (3) of the Town's bargaining units were coming up this year-namely, for Town Hall Employees (SEIU); Treatment Plant Employees (NAGE); and Public Safety Dispatchers (NAGE).
ITEM:
10. Communications and Reports from Town Manager
Referring to "space" problems within government buildings, Mr. Galligan said that there is an "expanded" Space Needs Committee which now includes representatives from the Board of Education. He added that, soon, he would like to see a revival of meetings on the subject of space needs.
Another need to be addressed is the Fire Department's request for another Firehouse. He added that the Public Building Commission will need direction from the Town Council with regard to "funding;" and what type of building the Fire Department wishes to be considered.
The Town, according to the Town Manager, has been working with the State's Department of Environmental Protection to get an appropriate "Grant" that would assist the Town in improvements to its Treatment Plant. DEP, he said, is "a little bit behind in getting us the money."
According to Mr. Galligan, the Town's Water Pollution Control Authority recently authorized Mr. Fred Shaw (Superintendent of Pollution Control) to start moving ahead with some of the design work. Recent assurances, he added, have been received from the DEP that such a start will not adversely affect the Town's application for the Grant; and, he said, could even enhance the Town's chances of receiving this Grant in a timely fashion. (Mr. Galligan pointed out that Mr. Shaw was present this evening to answer any of Council's questions regarding this.)
Mr. Galligan reported that he had just learned that the State's Department of Transportation opened bids last Wednesday for the reconstruction of Pleasant Valley Road from the Town Line to Clark Street; and the reconstruction of Clark Street from the Town Line to Pleasant Valley Road. The contract, however, has not been awarded as yet, he said.
The total amount bid on this project, according to the Town Manager, was $2,110,640; and the original estimates had been $2.5 million. The award, by DOT, should be made within the next 60 days, he said; with a possible starting date of April or May, 2005.
ITEM:
10. Communications and Reports from Town Manager
Questions followed regarding some of the issues Mr. Galligan had touched upon-namely, a new firehouse (Councillor Williams asked that this be addressed soon; and Mr. Galligan said that he would try to have a Resolution on the February 22 Agenda appropriating funds). "Regional Health District"(Councillor Pendleton asked that this be defined. Mr. Galligan explained.) Councillor Pendleton also asked if the Town already owned land upon which a firehouse could be built. (Mr. Galligan said that would be "part of the process that will have to be negotiated through his office."
For Council's information, Mr. Galligan said that South Windsor's Volunteer Fire Department has earmarked three (3) parcels they feel would be suitable for the location of a new firehouse. if Council approves the placement of a Referendum Question on the ballot for this facility, it would have to include an additional Referendum Question for the "sale of the old firehouse." The Town Manager further explained that the sale of any Town property with a worth exceeding $25,000 has to be approved by a vote of Town residents.
Regarding the placement of defibrillators in Town schools, Councillor Pendleton noted that the defibrillators have already been purchased; and asked where the Town goes from here since the Board of Education has (as least for now) declined their placement in Town schools. Mr. Galligan suggested that the next step would be to answer some of the questions the Board and Superintendent had regarding these devices. He also felt that there was a way to "limit your exposure and liability" in such cases.
Councillor Delnicki asked where the Town stood with regard to its "snow removal budget." Mr. Galligan said that, at last report, the Town had about $83,000 left; however, the most recent storm, he guessed, probably depleted that amount by $10,000 or $15,000. That budget, he added, was "getting very tight!"
Referring to the upcoming budget process, Councillor Delnicki asked that, if following the Governor's budget presentation, the Town would have a better idea of what revenues would be coming into the Town. Councillor Delnicki reiterated his feelings that a "good hard look" had to be taken of expenditures. He further remarked that the Town has to "tighten its belt, and could not afford to add new positions to Town staff."
ITEM:
10. Communications and Reports from Town Manager
Deputy Mayor Pelkey, referring to new positions that might be proposed, asked that each department requesting new positions come before Council to "present its case"-i.e., provided information with regard to their needs; provide background reinforcing their case.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council - None
14. Public Participation
Peter Cross, 224 Fairview Drive, rose to address the issue of the "defibrillators." He reminded the Councillors that he and Mrs. Cross had addressed the Town Council once before because their high school aged son, Nick's, life was saved because the Police Department had a defibrillator. He again stated that he and his wife would be "thankful forever" for our Police Officers and their quick response to a desperate situation.
Continuing, Mr. Cross said he understood that this was an issue that had many different sides to it; however, he felt that the placement and availability of defibrillators in public buildings, including schools, was "critically important." Deputy Mayor Pelkey thanked Mr. Cross for coming forward.
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A.. Resolution Accepting the Resignation of Cary Prague (R) from the Park and Recreation Commission and from the Board of Assessment Appeals
BE IT RESOLVED that the South Windsor Town Council hereby accepts the resignation of Cary Prague from the Park and Recreation Commission, and from the Board of Assessment Appeals; and
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
BE IT FURTHER RESOLVED that said resignations were effective as of January 18, 2005 because of Councilor Prague's appointment on that date to the Town Council in order to fill the unexpired term of William Aman.
Was made by: Councillor Delnicki
Seconded by: Councillor Streeter
The Motion was approved 5 Ayes to 1 Abstention-the single abstention vote was cast by Councillor Prague.
B. Resolution Appointing Louise Evans (R) an Alternate to Planning and Zoning Commission, and the Tabling of Same
BE IT RES0LVED that the South Windsor Town Council appoints Louise Evans an Alternate to the Planning and Zoning Commission to fill the unexpired term of Gary Bazzano for a term ending November 30, 2005, and hereby tables the same.
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
C. Resolution Reappointing M. Terri Kyc (D) to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints M. Terri Kyc to the Economic Development Commission for a term ending November 30, 2008, and hereby tables the same.
Was made by: Councillor Williams
Seconded by: Councillor Pendleton
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
D. Discussion Item: Transfer of two (2) Parcels to Town Pursuant to 1986 Bond for Deed - One on Greenfield Drive; the second lot on Farmstead Drive (Requested by Town Attorney)
This is an item that was requested by the Town Attorney who went on to remind the Town Council that, a few weeks ago, a resident (Alex Georgeadis, 105 Greenfield Drive) had come before them to bring up the issue of parcels of land in the Greenfield Drive/Farmstead Drive area that were supposed to have been deeded to the Town but which were not.
Continuing, Atty. Guliano said that back in 1986 there was an agreement reached that the Town would accept certain property from a particular corporation in return for back taxes that were owed. As a part of that agreement, he said, there was a large parcel of property that was going to be transferred to the Town which was done.
However, the Town Attorney continued, there were also two (2) smaller parcels in question; and the agreement made in 1986 was that the landowner had the right to go before Planning and Zoning to try to use those parcels in some sort of development. If that proposal was rejected by Planning and Zoning, according to Atty. Guliano, then the agreement was that they would be "deeded over to the Town."
In 1986, according to Atty. Guliano, a Bond for Deed was provided; and, under that Bond for Deed, all of this was supposed to have taken place within several days of the rejection by Planning and Zoning (were that to occur). However, Atty. Guliano said that this matter came to his attention about two years ago when, again, Mr. Georgeadis brought it to the attention of the Town Manager-questioning why these parcels had never been transferred to the Town.
Atty. Guliano wished Council to be aware that one of the difficulties he had was that this issue came to him "15 years after the fact." The Bond for Deed, he added, should have been activated back in 1988. He said he would be getting into the details of that during an Executive Session because, in all likelihood, the Town will have to go to Court over this in order to have the Court "approve certain things because of the long delay." He did not believe, however, that there was ultimately going to be any problem with getting this done because of the "clear agreement of the parties" involved in 1986.
ITEM:
17. D. (Continued)
In conclusion, Atty. Guliano said he wanted Council to understand that, because of the time that has passed since the original agreement and Bond for Deed, it would not be a simple matter to settle this. He felt that the Town might not be able to exercise its rights because of the time lapse-and the fact that "the corporation may not even be in existence. Presently, he said, he is preparing to file a Court action that will, hopefully, result in a Court Order awarding this property to the Town.
Following Atty. Guliano's remarks, Mr. Alexander Georgeadis came forward to inform Council that he has been bringing this issue to the attention of Town officials since 1987. He said he has provided information on "every meeting of every Planning & Zoning Commission, Inland/Wetlands Agency/Town Council meetings dealing with this subject since that year.
Mr. Georgeadis also stated that he had been told that "tax bills" have never been sent out to this landowner, or landowners of 10 or 15 other parcels of land in a similar situation. He said this was most disturbing to a taxpayer in South Windsor; and asked how this could happen. In conclusion, Mr. Georgeadis asked how many times he had to come to this Town Hall, since 1987, and nothing has been done.
After expressing his confidence in the Town Attorney's efforts to date, Deputy Mayor Pelkey asked him if he could provide a timetable for the resolution of this matter. Atty. Guliano said he would be happy to; and would also provide the information to Mr. Georgeadis.
E. Discussion Item - A Proposed Resolution Providing that an "Open Space and Land Acquisition Referendum" be submitted to Town electors in conjunction with the Town Election to be held on November 8, 2005. (Requested by Councillor Streeter)
Councillor Streeter explained the reason for this request by providing some background information on the acquisition of large parcels of open space. He said that in 1996 the Town went to Referendum for $4 million with which to purchase land for open space preservation, recreation, conservation, or agricultural land preservation. One such Referendum was held previously in 1987 for $3 million. The Town electorate passed both of these Referenda-in 1987 by 74% of the vote; and in 1996, by 69%.
ITEM:
17. E. (Continued)
This November's election, according to Councillor Streeter, would commemorate another 9 years since a Referendum for monies to purchase open space parcels. The Town Council's 1994 creation of the "Open Space Task Force" made up of individuals from Town staff, members of various land use commissions, as well as members of the public-together with SWALPAC-are very involved in maintaining the goals of preservation of open space.
The Task Force, Councillor Streeter added, submitted to the Town Council for its approval in 2001, its "Master Plan." This Plan, he explained, regarded the utilization of that Task Force to review and prioritize an inventory of land; and rate the desirabilities of that land for acquisition by the Town. He felt that there is a necessity to retain these parcels-particularly in view of the increasing development in South Windsor.
The Councillor stressed that he had no particular parcels in mind at the present time; that his request was based simply upon the premise that the open space funds needed replenishing. With that said, Councillor Streeter explained the process to be followed: Namely, review the land; get multiple appraisals for those lands; and proceed to a Public Hearing to receive citizen input.
Councillor Streeter then reminded those listening of the prior successes of this program since the last Referendum for monies for open space Bu naming listing those parcels purchased; and enumerating their various uses, or proposed uses. He also mentioned that there remains $825,000 in unissued bonds from that Referendum, as well as approximately $500,000 in monies "on account-a total of about $1.3 million.
In conclusion, Councillor Streeter stated that, for discussion purposes, he wished Council to "resolve to put another $4 million on the ballot this upcoming November," in order to continue the process that we've begun to purchase open space-whether it be for open space or for available land on which to build a public facility, such as a school. He added that a "concerted effort" was needed from SWALPAC and the Open Space Task Force in order to get this Resolution to a Referendum and realize a successful conclusion.
ITEM:
17. E. (Continued)
Deputy Mayor Pelkey agreed that it was perhaps time to replenish the funds available for the purchase of open space. He noted that, because of the depletion of the current fund, the Town has had to forego purchasing properties that had been offered to the Town. He suggested that, in this proposed Referendum, there should be some consideration for using a portion of those monies for the future "maintenance" of these properties-including the construction of "trails," etc.
Councillor Prague quoted from an article in The Hartford Courant entitled "To Save Land You Must Buy It." The Councillor then read a portion of the article for the listener's information. Briefly-the article stressed that the only way to preserve open space in Connecticut was to buy the land, or buy the development rights-otherwise, the owner has the right to sell that land for "residential sprawl," and municipal Planning and Zoning Commissions are nearly powerless to stop them, he added.
The Councillor concluded his remarks by stating that he felt the idea of continuing to purchase open space and having a new Referendum in order to do that was "a great idea for this Town."
Councillor Williams asked how something like this would "dovetail into our Capital Projects Budget." Town Manager Matthew Galligan said that a Referendum of this nature could help to alleviate some of the "open space" needs reflected in the Capital Projects Budget.
Councillor Delnicki, too, referred to recent newspaper articles referring to the importance of preserving open space and farmlands. He asked that these two articles, To Save Land You Must Buy It; and Would You Pay to Preserve Farmland? (The Hartford Courant, February 6, 2005) be made a part of the record. (Articles are attached hereto as Exhibits B. and C.)
Councillor Streeter reminded Council that when the first Referendum for Open Space monies was held, it was suggested by then Councillor Larry Brown suggested that the Town put aside $500,000, annually, for open space purchases. Also, he added, one of the suggestions in the Open Space Master Plan" was that the Town put ¾ of 1% of the Town Budget aside for the purpose of either open space purchases or land maintenance. He suggested that this could become a budgetary issue for the Council to be discussed in the months ahead.
ITEM:
17. New Business (continued)
F. Discussion Item - Update on Program for the Placement of Defibrillators in Town Buildings (Requested by Councillor Delnicki)
Councillor Delnicki reported to Council that he and his wife, Audrey, had very recently formally completed training in CPR/AED use; and he could now say firsthand that these units (defibrillators) "are designed for the use of lay people; they are foolproof; simple to use; and really do talk you through their use; and you cannot 'shock' someone who is alive-the machine will not allow it-and, most of all, it saves lives."
He then asked the Town Manager the status of the schedule for the installation and training in Town buildings with these units? Mr. Galligan replied that, as of this morning, "all of the defibrillators are in." Training, he added, would "start with the Community Center" because of the number of people going in and out of that building, daily. He said he had spoken with Chief Tyler; and the training would be done by South Windsor Police Officers.
Every employee, according to the Town Manager, would be trained in the use of defibrillators, as well as in CPR. Following the training at the Community Center, Mr. Galligan listed the Town Hall as next; then the Public Library; and the Public Works Facility (where, he added, many employees have already been trained).
Councillor Delnicki asked about the Fire Department. Mr. Galligan said the defibrillators have been bought and there would be one in each vehicle; one at Fire Headquarters; and one in each building. The "training" of the firefighters, he said, will have to be coordinated with the Fire Chief; and they will "have their own people coming in to do that."
Referring to the Board of Education's decision to delay the installation of defibrillators until Legislation is passed by the State "holding harmless the Board and its employees, Councillor Delnicki asked either the Town Manager or the Town Attorney what exactly this concern was with regard to "liability." Mr. Galligan stated that he had called our insurance carrier at CIRMA about this. According to our representative at CIRMA, he said, Town employees trained in the use of CPR and the defibrillators are totally covered under our insurance policy.
ITEM:
17. F. (continued)
Town Attorney Guliano, speaking of the Legislature's "Good Samaritan Law" (referred to, previously, regarding possible liability in the event of a lay person using a Town defibrillator) said that this Law, in certain situations "specifically covers school personnel, teachers, and others on school grounds doing the business of the school." Also, within this law, he said, AED devices are specifically mentioned, along with CPR and other types of medical procedures.
Continuing, Atty. Guliano said the Board of Education was provided an opinion by its own attorney, Shipman and Goodwin--a copy of which was in his possession. What's presented in their opinion, he felt, was the "most conservative approach possible." He added that there are "potential liabilities and risks" in "anything" that the Town or Board of Education does; and suggested that, when analyzing Shipman & Goodwin's opinion, Council and the Board, as "policymakers," should not just considered "is there any risk," but, rather what is the risk; how can the risk be minimized; and what is the benefit against which we're weighing the risk?
Atty. Guliano said that the bottom line is "as soon as the Town begins providing any service, there's potential liability-for example, clearing the snow; getting rid of the leaves; etc. However, he asked, what are the benefits to be derived by "waiving the risk." In summary, and considering all the facts already provided, Atty. Guliano reminded Council that "there is some protection (against liability) there already; our insurance provides additional protection; and "No. There is no "guaranteed" protection, and there never will be.)
Councillor Delnicki then asked that the following statement, excerpted from the "training guide" from his CPR/AED class (specifically the paragraph referred to as "AEDs and the Law) be made a part of the record. It read…"Automated external defibrillators have proven to be simple to operate; accurate in their diagnosis of shockable heart rhythms; and easier to learn than CPR. The use of an AED does not require a significant understanding of medical knowledge. To date, there have been no cases where providers have been successfully sued for providing care with an AED."
In conclusion, Councillor Delnicki said that that he hoped the Council could send this information forward to the Board of Education, along with Atty. Guliano's legal opinion.
ITEM:
17. F. (continued)
Councillor Williams congratulated Councillor Delnicki on having taken the requisite instructions necessary to qualify in CPR and the AED program. She said she wished everyone on the Council would take those instructions. She added, however, that (without taking anything away from the value of the defibrillator, which she witnesses saving lives everyday in her profession) she did want the public to realize that "CPR is just as important."
The Councillor then asked the Town Attorney if the Town could be sued if this life-saving technology is available for placement in our public buildings (as it is), and the Town declines to do so. Atty. Guliano replied that, although he felt it was unlikely, a Court could find that it's 'reasonable' since the technology is relatively inexpensive; the training is relatively easy; and could consider this a part of the "standard of care."
Councillor Streeter felt that too much discussion about the "possibility of being sued" with regard to using these defibrillators might scare the public into not using a defibrillator when he or she should use it-when time was of the essence in order to save a person's life. He felt that it should be impressed upon the Board of Education that this device is needed in our public buildings. He reminded the Council that this was something it had resolved to do; it has been done; and it must not miss out on an opportunity to save a life.
Councillor Pendleton asked if all Town employees were going to be trained. Mr. Galligan said this was correct. When asked by the Councillor how many defibrillators had been purchased for the schools in Town, Mr. Galligan responded that two (2) had been purchased-one for the High School; and one for Timothy Edwards Middle School.
Councillor Pendleton, following up on a call she had received from a concerned resident, and in consideration of all the "evening" activities held in the schools, asked if all of the Board of Education staff was going to be trained in the use of the defibrillator-including the custodians. Mr. Galligan replied that this would be up to the Board of Education; however, he added, that if he were doing it, he would make certain that the custodial staff was included.
ITEM:
17. F. (continued)
The Councillor then asked Mr. Galligan if he had spoken with Dr. Wood, Superintendent of Schools, about the "insurance coverage" we have. The Town Manager said he had not.
As Council liaison to the Board of Education, Councillor Pendleton informed the Council that at its previous meeting the Board had discussed not only a concern with "liability" with regard to the defibrillators, but other concerns included "a third party" (such as a child) using the defibrillator in the case of an emergency; and the "location" of this unit. She asked if the Town had a "Safety Officer" on Town staff that could zero in on the safest location for the AED. She suggested a "keyless entry" for the people who are trained-thus alleviating the possibility of a third party being able to access the unit.
Mr. Galligan assured the Councillor that it was possible to have those safeguards. Atty. Guliano, too, felt this might be one way to limit the risk spoken of earlier, so that only those "trained" in its use could access the defibrillator. Councillor Pendleton, too, asked that these suggestions and findings be brought to the attention of the Board of Education and Dr. Wood by the Town Manager and the Town Attorney.
Deputy Mayor Pelkey, who had originally brought the issue of the defibrillators forward several months ago, reminded those listening that he had also stressed the importance of CPR, as well; and had suggested that another means of saving lives, right now, was by "donating blood."
Since Councillor Delnicki had brought up the subject of the Deputy Mayor's having spoken with the Chairman of the Board of Education, the Deputy Mayor wanted to make it very clear that Chairman Robert O'Connor is CPR-trained; a volunteer with the Ambulance Corps; is trained in the use of AEDs; and he absolutely believes in the benefits of AEDs.
With this in mind, Deputy Mayor Pelkey wanted Council to know that the Board's problem with these units was not an issue of technology but, rather, an issue of further questions they wanted answered; and they had a recommendation from their counsel to get those answers prior to their installation. Mr. Pelkey felt that, were the roles reversed, and the Town Attorney had come to the Council with the same recommendation, Council would have heeded his advice. He then asked for questions from the public.
ITEM:
17. F. (continued)
Mr. Peter Cross rose to address the Council again in order to thank the Council for 1) buying the defibrillators; and (2) and expressed the hope that the Council would keep a "personal image" of his son, Nick, who, had he been at the High School when he collapsed, would probably "not be here now." A year ago, he said, he thought "this doesn't happen to 17-year-old kids,"-but it did.
The Deputy Mayor suggested that Council, when setting a policy that affects all of the Town keep in mind who should be informed in advance of Council's intention. He, again, reiterated Council's wish that a letter explaining all of this, including Atty. Guliano's opinion, go to the Superintendent and the Board of Education.
G. Resolution Setting a Time and Place for a Public Hearing on the Proposed Closing of a Portion of Bidwell Road
WHEREAS, the J. E. Shepard Company has requested that the portion of Bidwell Road where it enters the property of J. E. Shepard Company be discontinued; and
WHEREAS, the J. E. Shepard Company has agreed to maintain this portion of roadway if it is discontinued by the Town; and
WHEREAS, the South Windsor Traffic Commission has found that the discontinuance of this portion of roadway will not create traffic or safety problems; and
WHEREAS, the plan to discontinue a portion of the roadway was submitted to the Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes; and
WHEREAS, it was the consensus of the South Windsor Planning and Zoning Commission that abandonment of the road stub off of Bidwell Road would be in the best interest of the Town and applicant
(Continued on Next Page)
ITEM:
17. G. (continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council sets Tuesday, February 22, 2005, 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 closing of that portion of Bidwell Road where it enters the property of J. E. Shepard Company.
Was made by: Councillor Pendleton
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
H. Resolution Approving the Transfer of $6,000 from Contingency to the Town Clerk's Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $6,000 from Contingency Account Number 19001300-00390 to the Town Clerk's Professional Account Number 11540300-00320, to cover the cost of a supplement to the Town Code of Ordinances.
Was made by: Councillor Williams
Seconded by: Councillor Pendleton
The Motion was: Approved, unanimously
I. Resolution approving the Transfer of $1,000 from Contingency to the Town Clerk's Printing Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $1,000 from Contingency Account Number 19001300-00390 to the Town Clerk's Printing Account Number 11540300-00350 to cover the cost of the "Accuvote" electronic absentee ballot scanner purchased for the Presidential Election on November 2, 2004.
Was made by: Councillor Prague
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
17. New Business (Continued)
J. Resolution Approving a Refund of Property Taxes to Fifteen (15) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fifteen (15) South Windsor taxpayers, the total of said refunds being $4,257.80, and as shown on attached Exhibit A.
Was made by: Councillor Pendleton
Seconded by: Councillor Streeter
Councillor Streeter moved to amend the Resolution to read "……a refund of property taxes and/or sewer user fees….." The Motion to Amend was seconded by Councillor Delnicki; and approved, unanimously. The Amended Resolution was then approved, unanimously.
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
20. Executive Session
Councillor Pendleton moved to go into Executive session to discuss (1) pending claims and litigation; and (2) possible tax assessment agreement which discussions would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to C.G.S. 1-210(b)(1) and 1-210(b)(5)(B).
The Motion was seconded by Councillor Prague; and approved unanimously.
21. Motion to Adjourn
Following the Executive Session, a Motion to Adjourn was made at 10:05 p.m.; duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attempts. (Exhibits A., B., and C.)
| 
