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Town Council - Regular Meeting - 5-2-05
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
REVISED ACTION MINUTES
Page 1
May 2, 2005


TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall



Members Present:
Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Cary Prague
Councillor Matthew Streeter
Councillor Roseann Williams

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

Mayor Havens called the meeting to order at 8:00 p.m.

 5.     Public Input

Mr. Ray Gough, 42 Woodland Drive, stated that he was a 44-year resident of South Windsor, who had five children go through the public school system in Town.  He said he has always been disturbed by the fact that, every year, during budget deliberations “the Board of Education holds this Town hostage!”  He felt that the Board looked at what it “wants,” rather than what it “needs.”  He pointed out that he was retired; and his present total income was small enough that he did not even pay Federal or State taxes.  

Another point Mr. Gough made was that the “senior” residences being constructed in South Windsor today are “50% larger than my present home; and 50% more expensive than the value put on that home—his point being that for him to “downsize” would be out of the question without having to leave South Windsor.  

Next to speak was Daria Plummer, 235 Orchard Hill Drive, a 38-year resident of South Windsor, and a public school teacher in South Windsor for most of those years.  It was her opinion that the quality of our school system has “eroded and been corroded” in recent years because of budget cutbacks; and that people continue to move into Town for a multitude of reasons—no longer primarily because of the excellent school system.
ITEM:

6.     Environmental Health & Safety Message  -  None

7.      Adoption of Minutes of Previous Meetings

Motion to approve the Minutes of the following Town Council Meetings:  Joint Town Council/Board of Education Work Session of March 28, 2005; Public Hearing of April 4, 2005 (Proposed Drainage Easement – Mill Pond); Public Hearing of April 4, 2005 – (General Government Budget); Regular Meeting of April 4, 2005; and Regular Meeting of April 18, 2005

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

8.     Public Petitions  -  None

9.     Communications from Officers and Boards Directly Responsible to Council

Teri Dickey-Gaignet, Patriotic Commission, reported the following:

Armed Forces Day would be celebrated on Saturday, May 21, at Nevers Road Park, at 5:30 p.m.  Fireworks, she added, would begin at 9:00 p.m. (or, a little earlier if weather demands it).  She described other activities planned for that evening.

Ms. Dickey-Gaignet then updated the Town Council on this year’s Memorial Day “Student Essay Contest.”  The winners will be included in the Memorial Day Parade, she said; and, at the Town Council’s June 6 Regular Meeting, the First, Second, and Third Place Winners will be recognized—with the First Place Winners, in each of the three categories, having the opportunity to read his/her essay for the Councillors and listening public.

10.     Communications and Reports from Town Manager

Town Manager Matthew Galligan spoke on the following issues:

The completion of negotiations with the Town’s Clerical/Custodial Employees through the SEIU/AFL-CIO Contract; and the inclusion of a Resolution on this evening’s Agenda authorizing the Town Manager to sign the contract on behalf of the Town.

ITEM:


10.     Communications and Reports from Town Manager  (Continued)


The completion, among staff, of their CPR-AED (defibrillator) training.  He added that 22 employees were trained.  Three-month follow-ups will follow.  The instructor was the Ambulance Corps’ Larry Gorman.  More training classes will follow for those employees who are interested but have not yet become involved. As sufficient numbers of employees are trained in the proper use of the defibrillators, these life-saving devices will be placed in our public buildings.

The Town Manager explained that no numbers were included in this evening’s “budget” Resolutions—leaving them to be filled in as the Councillors came to their final decisions this evening regarding the numbers.

He also reminded the Councillors that two more bargaining unit contracts were being negotiated—one for Pollution Control employees; and the other for “dispatchers and other community service officers.”

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Mayor Havens used this time to read the list of service men and women from South Windsor, who have served or are currently serving in either “Operation Iraqi Freedom,” or “Operation Nobel Eagle.”  

Councillor Williams asked If the E-Mails being received by the Town Council, through the Council Office or the Town Manager’s Office, were being answered by someone in the Town government (in some form).  Mr. Galligan said that they were being sent to the appropriate Department.  Mayor Havens, too, assured Councillor Williams that the Council Office had made arrangements for a “form-like” letter to go out to all correspondents to the Town Council just letting them know that their e-mail had been received and was being forwarded to the proper department.


ITEM:

13.     Communications and Petitions from Council


Councillor Streeter, referring to one e-mail received from a resident about “noise levels,” asked the Town Attorney if the Town’s “Noise Ordinance” was still in effect—noting that there had originally been some type of “sunset clause” included in the Ordinance.

Atty. Guliano replied that the Ordinance was still in effect; and the Councillor was correct in his assumption that it had included some type of “sunset clause” which should be coming up within the next year.  Councillor Streeter said that this should be followed-up on; and should return to Council prior to its having expired.  

14.     Public Participation

James Throwe, 1330 Main Street, and Chairman of the Democratic Town Committee rose to commend both the Board of Education and the Town Council for the work they have done in moving the Budget forward.  He continued on by adding that he hoped it to be a “fair, just, and reasonable budget” for both the students who are to be education, and the taxpayers of the Town of South Windsor.

15.     Consent Agenda  -  None

16.     Unfinished Business

A.      Resolution Appointing Scott C. Simmons (R) to the Patriotic Commission to Fill the Unexpired Term of Timothy Moriarty

BE IT RESOLVED that the South Windsor Town Council appoints Scott C. Simmons to the Patriotic Commission for a term ending August 31, 2006 to fill the unexpired term of Timothy Moriarty.

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


ITEM:

17.     New Business

A.      Resolution Accepting the Resignation of Myrna E. Symes (D) from the Human Relations Commission

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Myrna E. Symes from the Human Relations Commission, said resignation being effective immediately; and

BE IT FURTHER RESOLVED that the Town Council wishes to extend its gratitude to Ms. Symes for the hours and effort she has donated to her community by serving on this Commission.

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

Deputy Mayor Pelkey said he wished to comment on this particular Commission.  Recently, he said, many long-time commission members have been leaving—bringing the Commission enrollment down “to the bare bones.”  He then appealed for volunteers to this Commission; and urged those who may be listening to contact either the Democratic Town Chairman or the Republican Town Chairman to express his or her interest.  He then  personally thanked Ms. Symes for all the time and effort she had devoted to that Commission.

The Motion was: Approved, unanimously

B.      Resolution Adopting the Budgets for the Special Revenue Pollution Control and Wastewater Treatment Fund and the Special Revenue Recreation Fund for Fiscal Year 2005/2006

BE IT RESOLVED that the South Windsor Town Council adopts a Special Revenue Pollution Control & Wastewater Treatment Fund Budget and Capital Expenditures Budget totaling $3,093,969; a Special Revenue Recreation Fund Budget with expenditures totaling $985,377 commencing on July 1, 2005, and terminating on June 30, 2006.  

Was made by:    Councillor Streeter
Seconded by:    Councillor Delnicki

The Town Manager briefly explained the need for this Resolution; following which it was unanimously approved.

ITEM:

17.     New Business  (Continued)


C.      Resolution Adopting the Board of Education Budget for Fiscal Year 2005/2006

BE IT RESOLVED that the South Windsor Town Council adopts a Board of Education Budget with expenditures totaling $52,303,312 for the Fiscal Year commencing on July 1, 2005 and terminating on June 30, 2006 a copy of which Budget is on file in the Office of the Town Clerk.

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

Councillor Streeter moved to amend the Resolution to reflect “expenditures totaling $51,800,000…..”  The Motion was seconded by Councillor Delnicki.  The Amendment was defeated 3 Ayes to 6 Nays, on a Roll Call vote, as follows:

                Councillor Fine         No
                Councillor Delnicki             Yes
                Councillor Paquin               No
                Councillor Prague               Yes
                Councillor Pendleton            No
                Councillor Streeter             Yes
                Councillor Williams             No
                Deputy Mayor Pelkey     No
                Mayor Havens            No

Mayor Havens then called for a vote on the original Resolution; and it was approved 6 Ayes to 3 Nays, on a Roll Call vote, as follows:

                Councillor Fine         Yes
                Councillor Delnicki             No
                Councillor Paquin               Yes
                Councillor Prague               No
                Councillor Pendleton            Yes
                Councillor Streeter             No
                Councillor Williams             Yes
                Deputy Mayor Pelkey     Yes
Mayor Havens            Yes

ITEM:

17.     New Business  (Continued)

D.      Resolution Adopting the General Government Budget for Fiscal Year 2005/2006
BE IT RESOLVED that the South Windsor Town Council adopts a General Government Budget with expenditures totaling $28,014,088, for the Fiscal Year commencing on July 1, 2005 and terminating on June 30, 2006 a copy of which Budget is on file in the Office of the Town Clerk.

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

Councillor Delnicki, referring to page 1 of Appendix A attached to tonight’s Agenda, proposed an Amendment to rescind the “$5,000 cut” of the Grant to the South Windsor Volunteer Fire Department.  The Motion was seconded by Deputy Mayor Pelkey.  Councillor Delnicki then explained his reasons for wishing this $5,000 restored to the Fire Department.  

Mayor Havens called for a vote on the Amendment.  It was approved 8 Ayes to 1 Abstention—the vote to Abstain being cast by Councillor Pendleton.

Councillor Streeter then proposed a second Amendment.  The Councillor then made a Motion to move $250,000 from the Capital Projects Account earmarked for “technology;” and $125,000  earmarked for “recreation projects” to  the Town’s Capital and Non-Recurring Expenditures Account.  Councillor Delnicki seconded the Motion.

Before a vote was called for, Councillor Streeter explained his reasons for this proposed Amendment.  

During this discussion process, Councillor Delnicki requested that since the “Technology Plan” included in this year’s budget had never been fully discussed by Council, that at Council’s next Work Session on May 16, a full review of the Plan be scheduled.  He also pointed out that Council had “never heard from the Shared Services Committee” during the Budget process, as promised.  

Again, Councillor Delnicki suggested that the May 16 Agenda include a Resolution setting a Public Hearing as called for when appropriating monies from Capital and Non-Recurring Expenditures for the June 6, 2005 Council Meeting—and that the June 6 meeting include a Resolution on the Agenda authorizing that “we go forward” with those projects.



ITEM:

17.     D.  (Continued)


Deputy Mayor Pelkey commented that he thought that the proposed Amendment by Councillor Streeter, and the comments by Councillor Delnicki, were coming forward “at the 11th hour;” that the questions being raised should have been raised prior to this evening; and that he felt “the process was being attacked” and he would, therefore, not be supporting the Amendment.

Councillor Streeter, however, pointed out that all he was “merely requesting information.”  He claimed that he had asked for this information “two weeks ago;” and had been sayng “for all eight years I’ve been here, we should vote on the Capital Projects ahead of time so that we (the Council) could have full discussion.”

Following this discussion, Mayor Havens asked for a vote on the Amendment.  The Amendment was defeated 7 Nays to 2 Ayes on a Roll Call vote, as follows:

                Councillor Fine         No
                Councillor Delnicki             Yes
                Councillor Paquin               No
                Councillor Prague               Yes
                Councillor Pendleton            No
                Councillor Streeter             No
                Councillor Williams             No
                Deputy Mayor Pelkey     No
        Mayor Havens            No

Mayor Havens then called for a vote on the Resolution with Councillor Delnicki’s approved amendment.  (Note:  The figure now being voted on for the General Government Budget for Fiscal Year 2005/2006 is $28,019,088.).  The Resolution was  approved, unanimously.





ITEM:

17.     New Business  (Continued)


E.      Resolution Setting the Tax Rate for Fiscal Year 2005/2006

BE IT RESOLVED that a tax rate of 31.95 mills be levied on the Grand List of October 1, 2004 based upon Total Revenues excluding current taxes of $16,935, 892, which includes an appropriation from Fund Balance in the amount of $1,175,000 to finance total expenditures of  $80,322,400 made up of a Board of Education Budget of $52,303,312, and a General Government Budget of $28,019,088 both of which have been adopted by the South Windsor Town Council, and exhibits of which are on file in the Office of the Town Clerk for the Fiscal Year commencing on July 1, 2005 and terminating on June 30, 2006.

(See Appendix A attached hereto and made a part hereof.)

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

Councillor Delnicki said he would be voting against this Resolution because the Council had an opportunity to “cap” the taxes, and it didn’t happen.”  He added that Council’s “goal” next year should be a “zero percent increase.”  The Deputy Mayor then said that his “goal every year was zero percent;” however, in spite of the fact that this year’s was not, he was very proud of the budget and the strides that had been made.

Mayor Havens took this opportunity to point out that “this is the highest dollar increase for the Board of Education, ever!  The Capital needs are being funded appropriately—which has not happened in past years.”  Continuing, the Mayor added that, thanks to the Town Manager, there is a reduction in debt due to constant refinancing; and Town Revenue is at its highest due to economic development strategy.

Mayor Havens said that, additionally, the Council this year has increased manpower in the Public Works Department to meet the demands of a growing community by adding 2-1/2 people in the Public Works Department—the first time in 10 years!  He said he could not remember a tax increase as low as this year’s 2.3%--which, he added, is below the level of inflation.  He concluded by stating that he was “quite proud of this budget.”




ITEM:


17.     E.  (Continued)


Councillor Fine added that she felt that this budget “makes the most of the funds, limited though they may be, that are available to us.”  She then thanked everyone who attended meetings, called, or e-mailed the Council.

Deputy Mayor Pelkey, also stating his pride in this year’s budget,  pointed out that, with this budget, considering a house valued at $200,000 the difference between voting “yes” on this Resolution or “no” is an increase of $1.11/month (or $13.32 per year) in taxes on that $200,000 house.

Councillor Streeter pointed out that those figures represented the “difference” between the two plans—not the total; and, in spite of the 2-1/2 % increase, it still was a 6-1/4% increase in spending; and, he felt, “this compounding of runaway spending will catch up with us in the future.”

Councillor Williams said she votes according to what she feels is “fair, reasonable, responsible”—not along party lines.  She posed the question as to how the Council keeps “reasonable and responsible, and the services the same?”  She added that all the Councillors worked hard; and she believed this Budget was “fair” and would be voting for it.

Coming forward from the audience to address the issue was Mr. Lincoln Streeter, 56 Bramblebrae (former Mayor), offered his opinion that the Town Council and the Board of Education get “better and better” through the years.  The Board of Education, he felt, “always walks away (in his mind) happy; the Town side of the budget….most people in those departments walk away happy;” and the taxpayer “takes it on the chin.”

Keith Yagaloff, 65 Pheasant Way, after stating what he felt would have been “nice” (i.e. no tax increase, etc.) offered his respect to the Town Council and Board of Education for all their efforts in arriving at this year’s budget.




ITEM:

17.     E.  (Continued)


Mayor Havens then called for a vote on the Resolution.  The Resolution was approved, on a Roll Call vote 5 Ayes to 3 Nays, as follows:

                Councillor Fine         Yes
                Councillor Delnicki             No
                Councillor Paquin               (Absent for the vote)
                Councillor Prague               No
                Councillor Pendleton            Yes
                Councillor Streeter             No
                Councillor Williams             Yes
                Deputy Mayor Pelkey     Yes
                Mayor Havens            Yes

F.      Resolution Appointing a Rate Maker for Fiscal Year 2005/2006 and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council hereby appoints Town Manager Matthew B. Galligan as Rate Maker for Fiscal Year 2005/2006, and hereby tables the same.

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

G.      Resolution Authorizing the Town Manager to Enter into a Contract with the South Windsor Clerical/Custodial Employees Bargaining Unit

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 and the South Windsor Town Employees Bargaining Unit, SEIU/AFL-CIO Local 760, said contract to be in effect from July 1, 2005 through June 30, 2009.

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


ITEM:

17.     New Business  (Continued)


H.      Resolution Approving a Refund of Property Taxes to Nine (9) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to nine (9) South Windsor taxpayers, the total of said refunds being $2,242.92, and as shown on attached Exhibit A.

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

I.      Resolution Approving a Salary Increase for the Town Attorney for Fiscal Years 2002/2003 and 2003/2004

BE IT RESOLVED that the South Windsor Town Council approves an increase of $2,580 (or 3.0%) in Town Attorney Barry Guliano’s salary for Fiscal Year 2003/2004, said increase to be effective retroactive to July 1, 2004..

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

J.      Resolution Establishing a Temporary Redistricting Committee to Review Voting Districts within the Town of South Windsor

BE IT RESOLVED that the South Windsor Town Council hereby establishes a temporary Redistricting Committee whose charge will be to review voting districts within the Town of South Windsor with a view toward possibly reducing the number of districts and attempting to balance the number of voters in said districts; and,

BE IT FURTHER RESOLVED that said Redistricting Committee shall, following its review of South Windsor’s voting districts, determine and recommend to the Town Council whether and how these Districts should be changed; and


(Resolution Continued on Next Page)
ITEM:

17.  J.  (Continued)


BE IT FURTHER RESOLVED that the Redistricting Committee shall be comprised of the Town of South Windsor’s: Town Clerk; Democratic Registrar, and Deputy Registrar of Voters; Republican Registrar, and Deputy Registrar of Voters; Democratic Town Committee Chairperson; Republican Town Committee Chairperson; and three (3) Members-at-Large (Joan Walsh, Sue Larsen, and Howard E. Fitts).

BE IT FURTHER RESOLVED that said Redistricting Committee shall convene at its earliest date to meet the charge previously described, and to report back to the Town Council by September 19, 2005 with a recommended Amendment to Ordinance #144, an Ordinance Establishing Voting Districts, if necessary.

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

Councillor Fine then moved to Amend the Resolution to in order to attain an uneven number of people on that Committee by taking the Town Clerk off as a Member of that Committee.  The Motion was seconded by Deputy Mayor Pelkey.

Councillor Delnicki said he could not support that amendment; and pointed out that the Resolution, as initially proposed, was “balanced” when it came to both parties.  You shouldn’t have a situation, he added, where you have to have an “odd” number to come up with a solution to redistricting.

Councillor Williams then provided Council with “a little history” with regard to former Resolutions addressing a proposed redistricting.  She pointed out that in the past, those Resolutions provided for an “odd” number  of committee members—notably, 5 to 4.  Also, she added, the State of Connecticut urges an odd number in order to avoid a “stalemate” on any proposal associated with redistricting.

Addressing Councillor Delnicki, Councillor Williams stated that “the integrity of the teams were never questioned before.”  


ITEM:

17.  J.  (Continued)


In answer to Councillor Prague’s question—“Why are we doing redistricting; and does this affect all machines, not just the handicap (machines)—Republican Registrar of Voters Janice Murtha addressed the Council to offer her explanation.  

Councillor Pendleton challenged those referring to the voting machines to find, anywhere in the Resolution the word “machine;” and stated that the charge to this committee was, for the purposes of redistricting, to balance out the voting districts; and has nothing whatsoever to do with the machines.

A discussion commenced regarding whether or not “voting machines” were involved in this need for redistricting.

Democratic Registrar of Voters Frances Knipple, began her comments by reiterating a State representative’s comments to her—which was “….Fran, if you can get the redistricting done now, it’s a good thing to get a start on it because the ‘lever machines’ are going to be replaced.”  She added that this might make it possible to “cut back on our poll workers, on our mechanics; and we can save the Town money.  If you don’t want to save the Town money, then vote it down.”

Mrs. Knipple did offer that, during these conversations, that following her “talk with the State, we know we’re not doing it  this election.”  

Further discussion among the Councillors ensued.  At the end of this discussion, Mayor Havens called for a vote on the Amendment.  It was approved, on a Roll Call vote, 6 Ayes to 3 Nays, as follows:

                Councillor Fine         Yes
                Councillor Delnicki             No
                Councillor Paquin               Yes
                Councillor Prague               No
                Councillor Pendleton            Yes
                Councillor Streeter             No
                Councillor Williams             Yes
                Deputy Mayor Pelkey     Yes
                Mayor Havens            Yes

ITEM:

17.  J.  (Continued)


After further discussion, Mayor Havens called for a vote on the Amended Resolution.  The Amended Resolution was approved 6 Ayes to 3 Nays, on a Roll Call vote, as follows:

                Councillor Fine         Yes
                Councillor Delnicki             No
                Councillor Paquin               Yes
                Councillor Prague               No
                Councillor Pendleton            Yes
                Councillor Streeter             No
                Councillor Williams             Yes
                Deputy Mayor Pelkey     Yes
                Mayor Havens            Yes


18.     Passage of Ordinance  -  None


19.     Communications and Petitions from Council (Continued)


20.     Executive Session  -  None


21.     Motion to Adjourn

A Motion to adjourn was made at 10:10 p.m. by Councillor Delnicki; was duly seconded; and approved, unanimously.

Respectfully submitted,


                                        
Patricia R. Brown
Clerk of the Council


Attmts.  (Appendix A. and Exhibit A.)