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Town Council - Regular Meeting - 6-6-05
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES
Page 1
June 6, 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 Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Roseann Williams

Also Present:
Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Absent:
Councillor Cary Prague

The Regular Meeting was called to order at  8:00 p.m.  Prior to commencing with the business of the meeting, Mayor Havens recognized Teri Dickey-Gaignet, Chairperson for the Memorial Day Student Essay Contest,” and a Member of the Patriotic Commission.  She then introduced the Chairperson and Members of the Patriotic Commission who were present this evening; and gave a brief history on this Essay Contest.  

Following Ms. Dickey-Gaignet’s remarks, the 1st Place Winners, in each age category, came forward to read his/her winning essay.  At the completion of the recitation of the essays, Mayor Havens presented each of the winning students with a “Certificate of Recognition” from the Town of South Windsor.

Following these presentations, Mayor Havens called upon Dennis Sheridan, Director of Human Services, to come forward while he read a Proclamation recognizing South Windsor Youth and Family Services for 25 Years of Support and Service to the Town.  Mr. Sheridan and Ms. Jennifer Anderson (Youth & Family Services Coordinator) came forward to receive the Proclamation; and make note of “PALS Care” program—a program made up of 21 4th and 5th Grade students from all five elementary schools.  These students, according to Ms. Anderson, have done “four incredible projects this year.  She elaborated on their accomplishments.

Following Mr. Sheridan’s and Ms. Anderson’s remarks, Mayor Havens again presented Certificates of Appreciation—this time to 22 4th and 5th Grade Students .for their work within the PALS Care program.


ITEM:

5.     Public Input  -  None

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:  Work Session of May 16, 2005; and Action Minutes of the Regular Meeting of May 16, 2005.

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

8.      Public Petitions  -  None

9.     Communications from Officers and Boards Directly Responsible to Council

Mary Etter, Library Director, came forward to report on current and upcoming events for the public at the South Windsor Public Library.  

Ms. Etter also informed the Councillors and listening public that South Windsor’s “Friends of the Library” group was honored, Statewide, recently as the “State Friends Group of the Year” for Towns in our population category.  She congratulated the “Friends” and said that this group made it possible for the Public Library to present many of the programs they have; to have the very popular “book sale.”  Ms. Etter also mentioned that South Windsor’s “Friends of the Library” are celebrating their 30th year of supporting the Library in South Windsor.

10.     Communications and Reports from Town Manager

Mr. Galligan referred to two items that had already been discussed this evening—namely, the bargaining unit agreement between the Town and NAGE Local R1-103; and, also, the Public Hearing had addressed the issue of a transfer from Capital and Non-Recurring Expenditures Account to Capital Projects Account to pay for an Architect for a proposed new Firehouse.


ITEM:


10.     Communications and Reports from Town Manager  (Continued)

Referring to the proposed “Non-Emergency Interagency Agreement” with the Town of Manchester, Ct., Mr. Galligan said it had come to his attention that this Agreement had to be done by Ordinance.  Because of this, Mr. Galligan said a Public Hearing now had to be scheduled; and a Resolution on this evening’s Agenda addressed that need.

According to the Town Manager, this year, the State Legislature will be putting money into the STEAP (Small Town Economic Assistance Program) Grant.  One of the components of that Grant, he continued, is for “recreation.”  He suggested that since these monies are available, Council may wish to consider expanding Rye Street Park into a “Sports Complex” under the STEAP program.

Not forgetting that the Wapping Fair may need a new home other than Rye Street Park, Mr. Galligan again suggested a new location such as the Barber Hill Road area.   The STEAP Grant, he added, is usually around $500,000--not a lot of funding; and the Town must be careful of how it chooses its project because of the competition for these funds.

Steve Werbner, General Manager, has contacted Mr. Galligan about the possibility of a “Regional Dog Pound.”  This, according to the town Manager, is something that he and Chief Tyler have sought for the last seven years.  Stating that, since that time, the laws have changed; and to build one, today, would probably cost around $750,000 to meet the State Health Department laws.

Mr. Galligan said he had called Mr. Werbner to inform him that South Windsor would be interested in participating in such a partnership.  Manchester already had a site in mind; and there is talk of, perhaps, East Hartford also joining in the merger.  Mr. Galligan told Mr. Werbner that South Windsor would be interested in being a “part owner” and not merely a “lessee” of this facility—thus insuring that South Windsor would have some “say” in its operation.

Concluding his remarks, Mr. Galligan said that a report would be forthcoming from him regarding his participation in the “Las Vegas Convention;” and what he had discussed with some of the realtors who were there.


ITEM:

10.     Communications and Reports from Town Manager  (Continued)

The Councillors then questioned the Town Manager about such matters as—

“Water all over Buckland Road” in the vicinity of Evergreen Walk; (the responsibility of the landscaper who provided the plantings along the median in that area);

The cost to South Windsor for its participation in what may be the tri-Town Dog Pond  (no costs established, as yet);

The “traffic light” at Pleasant Valley Road and Buckland Road—specifically, the very shortness of the left-hand signal allowing traffic to turn left onto Buckland Road from Pleasant Valley Road (about 5 seconds). It’s been that way for at least 6 weeks since this subject has come up.  What’s being done?  (The Town Manager will notify the Town of Manchester of this problem.)

Question put to Town Attorney regarding letter from Board of Education, received this evening, regarding a “Notice of Intent” to enter into a lease/purchase agreement.  Councillor reminded Town Attorney that, Council did not enter into lease/purchase agreements for more than a year, or one that had no “escape clause,” thus, not binding future Councils to said leases.  Make certain Board knows this.  (Town Attorney agreed that no lease/purchase agreements were entered into without a “Non-Appropriation Clause.)

Who can speak at a Public Hearing or a public meeting—must they be a citizen of South Windsor, own property and not live here; or are our microphones “open to any citizen of the United States?”  Also, when letters are given to the Town Council and/or Board of Education, is there a written policy as to what letters are read out loud, and for the record; and who picks and chooses the letters, etc.  Is there a written policy?  (Stating that he was not aware of a policy directed at either of those two situations, the Town Attorney said he would check into it, however.  He felt, however, that all letters that are sent are made a part of the record, whether they are specifically read into the record, is really up to the Councillors at that given time.   






ITEM:

10.     Communications and Reports from Town Manager  (Continued)


Councillor has been asked by citizens “Why police officers have a police vehicle in their driveways if they live in our community?”  Needed an answer as to who are those special police officers; and why the vehicle goes home with the officer.  (Town Manager responded that it was for “response time” and explained further, using the example of a police officer who is on the Department’s “dive team,” and all of whose diving equipment is kept in that vehicle.)

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Mayor Havens commented on the beauty of the Town’s Memorial Day Ceremonies; how impressive the Parade was this year; and the great attendance at both events.  He noted, particularly, how “inspiring” the ceremonies at Veterans’ Memorial Park were; how much the Grand Marshal “Major Michael Donnelly” enjoyed it.  The Mayor then thanked the Major, the Patriotic Commission; and, in particular, Robert Moeller, Chairman of the Commission for all their work, and the success of those efforts.

Councillor Williams reminded the Council and the listening public about the Testimonial Dinner for former State Representative Nancy Kerensky, scheduled for Friday evening, June 24, at Maneeley’s Banquet Facility.

Councillor Streeter, too, commented on the Memorial Day Ceremonies, the “great turn-out by the public,” the emotional, touching ceremony.at VMP; and he congratulated Mayor Havens on the special recognition he had received from the American Legion for his 50 years of participation in that organization.

Councillor Pendleton, too, as a veteran and as the sister of a serviceman killed in Vietnam, noted how meaningful the Memorial Day services were to her; and thanked those involved for their efforts on behalf of our servicemen and women.  She added that among the belongings left by her deceased parents was a tape of the placement and dedication of the Vietnam Memorial at VMP.  She offered to lend it to the Town so that a copy could be made.


ITEM:


13.     Communications and Petitions from Council

Deputy Mayor Pelkey said that Senator LeBeau had faxed him, today, the latest numbers from the Budget compromise the legislature has developed.  He noted that South Windsor “did quite well;” and it would appear that South Windsor would receive approximately $346,000 more than was proposed by Governor Rell.  Some of those funds, he added, are ECS money; and, some go to other areas; he also referred to receiving FEMA funds for the first time in several years--$67,000 awarded to the Town for “snow services.”

Mayor Havens, referring to his long-standing desire for a “mobile” TV unit within our Town, said that when this occurs “I’ll supply the truck.”  

14.     Public Participation  -  None

15.     Consent Agenda  -  None

16.     Unfinished Business  -  None

17.     New Business

A.      Resolution Accepting the Resignation of Keith Yagaloff (D) from the South Windsor Board of Education; and Appointing Mr. Yagaloff a Member of the South Windsor Town Council to Fill the Unexpired Term of Judith Paquin, and the Tabling of Said Appointment to the Next Regular Town Council Meeting

BE IT RESOLVED that the South Windsor Town Council accepts the resignation of Keith Yagaloff from the South Windsor Board of Education, said resignation to be effective as of June 20, 2005; and

BE IT FURTHER RESOLVED that the South Windsor Town Council appoints Keith Yagaloff a Member of the South Windsor Town Council for a term ending November 14, 2005 to fill the unexpired term of Judith Paquin, and hereby tables the same to the next Regular Town Council Meeting.

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


17.     New Business  (Continued)


B.      Resolution Appointing Carolyn Egan (D) a Member of the South Windsor Board of Education to Fill the Unexpired Term of Keith Yagaloff, and the Tabling of Same to the Next Regular Town Council Meeting

BE IT RESOLVED that the South Windsor Town Council appoints Carolyn Egan to the South Windsor Board of Education for a term ending November 14, 2005, to fill the unexpired term of Keith Yagaloff, and hereby tables the same to the next Regular Town Council Meeting.

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

C.      Resolution Accepting the Resignation of Thomas Reale (R) from the South Windsor Board of Education
(Councillor Delnicki)

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Thomas Reale from the South Windsor Board of Education, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council, on behalf of its Members and the citizens of South Windsor, offers its gratitude to Mr. Reale for the many hours of volunteer service he devoted to the citizens of South Windsor, particularly its children; and wish him every

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




ITEM:

17.     New Business  (Continued)

D.      Resolution Appointing Richard D. Stahr (R) a Member of the South Windsor Board of Education to Fill the Unexpired Term of Thomas Reale, and the Tabling of Same To the Next Regular Town Council Meeting

BE IT RESOLVED that the South Windsor Town Council appoints Richard D. Stahr a Member of the South Windsor Board of Education for a term ending November 14, 2005 to fill the unexpired term of Thomas Reale, and hereby tables the same to the next Regular Town Council Meeting.

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

E.      Resolution Appointing Harvey Fine (D) a Full Member of the Patriotic Commission to fill the Unexpired Term of John Raphael, and Tabling the Same

BE IT RESOLVED that the South Windsor Town Council appoints Harvey Fine a full Member of the Patriotic Commission for a term ending August 31, 2005 to fill the unexpired term of John Raphael, and hereby tables the same to the next Regular Town Council Meeting.

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


F.      Resolution Appointing Roger Dubiel (D) an Alternate to the Patriotic Commission to fill the Unexpired Term of Harvey Fine, and Tabling the Same

BE IT RESOLVED that the South Windsor Town Council hereby appoints Roger Dubiel an Alternate to the Patriotic Commission for a term ending August 31, 2005, to fill the unexpired term of Harvey Fine, and hereby tables the same to the next Regular Town Council Meeting.

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


ITEM:


17.     New Business  (Continued)


G.      Resolution In Support of Governor Rell’s and Connecticut United States Congressional Delegates’ Efforts to Retain the U.S. Submarine Base in Groton, Connecticut

WHEREAS, the South Windsor Town Council wishes to offer its full support to the efforts being made by Governor M. Jodi Rell, U. S. Senators Christopher Dodd and Joseph Liberman; and other Members of our U. S. Congressional and State delegation to reverse the United States Department of Defense’s decision to close the U.S. Submarine Base in Groton, Connecticut; and

WHEREAS, the Town Council of the Town of South Windsor fully recognizes the far-reaching economic and social impact such a closure would have on the State of Connecticut and its residents, as well as the residents of those neighboring States, such as Rhode Island, who depend upon Groton’s Submarine Base for their livelihood

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, for the reasons stated above, welcomes the opportunity to voice its deep concern for the proposed closure of Groton’s U. S. Submarine Base—to again extend its support to the Governor and our Federal and State legislators in their struggle to reverse the Department of Defense’s decision--and to urge them to use all legal means within their power to prevent such a closure.

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




ITEM:


17.     New Business  (Continued)


(Deputy Mayor Pelkey said that rather than read this Resolution as originally proposed; and following input from the Public Hearing earlier this evening; he would be reading a Resolution transferring $20,000 rather than $40,000 from the Capital and Non-Recurring Expenditure Account)

H.      Resolution Transferring $20,000 from the Capital and Non-Recurring Expenditure Account to the Capital Projects Account to Secure the Services of an Architect for a Proposed New Fire House Which May Include Provisions for Providing Ambulance Services at a Location to be Determined

BE IT RESOLVED that the South Windsor Town Council, having conducted the required Public Hearing at 7:00 p.m. on June 6, 2005, approves the transfer of $20,000 from Capital and Non-Recurring Expenditure Account to the Capital Projects Account to secure the services of an Architect for a proposed new Fire House #3 which may include provisions for providing Ambulance Services at a location to be determined.

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


I.      Resolution Authorizing the South Windsor Public Building Commission to Develop Plans for the Replacement of Fire House #3; and for the Expansion and Renovation of South Windsor Police Headquarters on Sand Hill Road
(Councillor Streeter)

BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with Police Chief Tyler and his staff, and with Fire Chief Crombie and his staff, to develop programs and plans for replacement of Fire House #3, including space for the Ambulance Corps; and

(Resolution Continued on Next Page)

ITEM:

17.     I.  (Continued)

BE IT FURTHER RESOLVED that the Public Building Commission shall (1) secure architectural services and assess opportunities for Referenda Questions for the two building projects; (2) periodically provide Town Council with progress reports on these projects; and, (3), present its formal report to the Town Council no later than August 15, 2005.

Was made by:    Councillor Streeter
Seconded by:    Councillor Pendleton

Deputy Mayor Pelkey amended the Resolution to read:

BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with Fire Chief Crombie and his staff to develop programs and plans for replacement of Fire House #3, which may include provisions for providing ambulance services; and

BE IT FURTHER RESOLVED that the Public Building Commission shall (1) secure architectural services and assess opportunities for Referenda Questions for the building project; (2) periodically provide Town Council with progress reports on this project; and, (3) presents its formal report to the Town Council no later than August 15, 2005.

The Amendment was seconded by Councillor Fine; and approved, unanimously.  (Prior to the Amended Resolution being approved, Councillor Delnicki asked Town Manager Matthew Galligan when the Council would be addressing the “second piece of the puzzle—the Public Safety Complex?“  Mr. Galligan responded that would depend upon the Public Safety Commission’s schedule.  He said he would speak with Chief Tyler about the internal needs of the Police Department.

Mr. Galligan said that, first, the new Fire House had to be approved by Referendum—before anything else could proceed.  He also agreed with Councillor Streeter that perhaps a “Space Needs Committee” meeting was in order to go over the Department’s space needs one more time..

Deputy Mayor Pelkey said that he would appreciate receiving a report from Chief Tyler somewhat along the lines of the report presented by Fire Chief Crombie—detailed analysis of what is needed; and what they wished to do with the building.

ITEM:

17.     I.  (Continued)


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


J.      Resolution Introducing a Proposed Ordinance Creating a “Non-Emergency Interagency Agreement” with the Town of Manchester, Connecticut; 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 creating a “Non-Emergency Interagency Agreement” with the Town of Manchester, Connecticut, and as more fully described in attached Exhibit A; and

BE IT FURTHER RESOLVED that the South Windsor Town Council sets Monday, June 20, 2005, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Ct. as the time and place for a Public Hearing to receive citizen input on said proposed Ordinance.

Was made by:    Councillor Delnicki
Seconded by:    Councillor Streeter

Councillor Pendleton said she had many questions regarding this proposal.  She then provided each Councillor with a copy of the State Statute allowing such an interagency agreement.  Following her query to the Town Attorney for the need to create an Ordinance in this case, Atty. Guliano explained that the Council “had to pass the Resolution with the same formality as you pass Ordinances.”  

Atty. Guliano then went on to inform the Councillors that the Town of Manchester had taken an “even broader approach” by creating and adopting an Ordinance that allows them to “do any joint services, simply by Resolution.”  Presently, he added, the Towns of South Windsor and Manchester are only looking at Police Services; the time may come in the future, he added, when South Windsor may want to do this with other services.  



ITEM:

17.     J.  (Continued)

He felt that the Town should have to go through this same type of process if it’s going to be done for other types of services—i.e., ”you should have a Public Hearing; and you should then adopt a Resolution.”  Manchester, on the other hand, according to the Town Attorney, feels it now has one Ordinance that covers all joint services; with no requirement for a Public Hearing in the case of future other joint services.

Councillor Pendleton sought assurances that a copy, each, of the “Non-Emergency Interagency Agreement” and the State Statute allowing it be on file where the public could read it prior to the Public Hearing.  She was assured that both documents would be on file in the Office of the Town Clerk.

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

K.      Resolution Authorizing the Town Manager to Sign a Bargaining Unit Contract Between the Town of South Windsor and NAGE Local R1-103 for Public Safety Dispatchers and Community Service Officers

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a contract between the Town of South Windsor and NAGE Local R1-103, said bargaining unit contract to cover the Town’s Public Safety Dispatchers and Community Service Officers; and

BE IT FURTHER RESOLVED that the term of said bargaining unit contract shall be July 1, 2005 through June 30, 2008.

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

L.      Resolution Approving a Refund of Property Taxes to Two (2) South
        Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to two (2) South Windsor taxpayers, the total of said refunds being $81.03, and as further described on attached Exhibit B.

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

ITEM:



18.     Passage of Ordinance  -  None


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


20.     Executive Session  (If needed to continue Executive Session held earlier during
                        Work Session)  -  None was needed


21.     Motion to Adjourn

A Motion to adjourn was made at 9:45 p.m., duly seconded, and approve unanimously.



Respectfully submitted,


                                                
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A. and B.)