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TOWN COUNCIL |
TOWN OF SOUTH WINDSOR |
MINUTES |
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July 5, 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 Cary Prague Councillor Elizabeth Pendleton Councillor Matthew Streeter Councillor Roseann Williams Councillor Keith Yagaloff
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Also Present: |
Town Manager Matthew B. Galligan Town Attorney Barry Guliano |
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ITEM:
Deputy Mayor Pelkey moved to bring Agenda Item 18. A. Resolution Adopting “An Ordinance Prohibiting Tractor-Trailer Truck Traffic on Belton Road and Portions of Governor’s Highway in the Town of South Windsor forward to this point in the meeting. The Motion was seconded by Council Delnicki; and approved, unanimously.
18. Passage of Ordinance
A. Resolution Adopting “An Ordinance Prohibiting Tractor-Trailer Truck Traffic on Beldon Road and Portions of Governor’s Highway in the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby adopts “An Ordinance Prohibiting Tractor-Trailer Truck Traffic on Beldon Road and Portions of Governor’s Highway in the Town of South Windsor,” a copy of which Ordinance is attached hereto as Exhibit A, and which is on file in the Office of the Town Clerk.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
Following a lengthy discussion, the Motion was approved, on a Roll Call Vote, 8 Ayes to 1 Abstention by Councillor Pendleton.
ITEM:
5. Public Input
Speakers were: State Representative William Aman who provided an update on the State-approved Budget, and legislation that had been passed by the Legislature.
Also speaking was Kevin McCann, 170 Lisa Drive, who addressed the U.S. Supreme Court’s recent decision regarding “eminent domain” and its possible repercussions .
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Public Hearing of June 6, 2005 (re. $20,000 from Cap. And Non-Recurring Expenditure Account for Architect for Proposed New Firehouse); Work Session of June 6, 2005; Regular Meeting of June 6, 2005; Joint Work Session of June 20, 2005; Public Hearing of June 20, 2005 (re. Non-Emergency Interagency Agreement with Manchester, Ct.); and Regular Meeting of June 20, 2005.
Was made by: Councillor Fine
Seconded by: Deputy Mayor Pelkey
Councillor Streeter then moved to amend the Minutes of June 20, 2005—specifically, by eliminating the last two paragraphs on Page 21 of the Action Minutes. A discussion ensued regarding the Amendment; however, on a roll call vote, the Amendment was approved 6 Ayes to 3 Nays, as follows:
Councilor Fine Yes
Councillor Delnicki Yes
Councillor Pendleton No
Councillor Prague Yes
Councillor Yagaloff No
Councillor Streeter Yes
Councillor Williams No
Deputy Mayor Pelkey Yes
Mayor Havens Yes
The Mayor then called for a vote on the Amended Resolution. It was approved, unanimously.
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Speaking under this Item were Hap Fitts, Chairman, Public Building Commission who said that the Commission would be approaching the Town Manager and the Town Attorney, soon, regarding a “site” for the new Fire House. He pointed out that “time was short,” and it was important to have a site to work on. He expected that the Commission and the architect would be back, with figures for the project, by the end of August.
Councillor Pendleton, liaison, reported on Board of Education activities; the retirement of Asst. Superintendent Dale Vannie; and her replacement.
10. Communications and Reports from Town Manager
Mr. Galligan touched on the recent trip he, Mayor Havens, and Planning Director Marcia Banach had taken to the City of Baltimore, Md. For economic development purposes. (Following his initial comments, Mayor Havens asked that a Work Session be scheduled, soon, to explain the trip in greater detail to the remainder of the Town Council. Mr. Galligan agreed.)
Other items the Town Manager touched upon were the Resolution setting a Public Hearing for the $20,000 from Capital and Non-Recurring Expenditures Account for an architect for the proposed renovations and possible expansion of the South Windsor Police Headquarters.
He informed the Town Council that the Town had hired a new “Information Systems Manager,” Scott Roberts; who would be formally introduced to the Town Council at its July 18, 2005 meeting.
A discussion with Town Attorney Barry Guliano ensued regarding the Town Manager’s reference, in his Report, to the Deputy Registrars of Voters; a “hire date” of July 1 and after; and the fact that there was no “present Resolution” in place for someone who started prior to July 1. Also discussed was the proposed hourly wage of $16.15; parameters to be considered when determining that compensation—i.e., “date of hire” vs. “date of swearing-in.”. Questioning the Town Attorney and commenting on this issue were Councillors Pendleton, Fine, Williams, Prague, and Delnicki.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Other items brought up by Councillors to either the Town Manager or the Town Attorney, in brief, were:
Councillor Pendleton asked about the $16.15/hour starting hourly wage for the new Republican Deputy Registrar of Voters; and any effect the date of “swearing-in” of this Deputy could have on the hourly wage.
Councillor Fine brought up the subject of the danger presented to motorists, etc. by the tractor-trailer trucks “parking” on Sullivan Avenue near “Dunkin Donuts.” She also commented on how good Route 5 now looks after the “clean-up.”
Deputy Mayor Pelkey, referring to Ordinances or other Town rulings that have fines associated with them (i.e., Inland-Wetland offenses, Blight Ordinance Offenses, Noise Ordinance offenses, etc.) again suggested that a committee be formed to appoint ”judges” who would establish “hearing procedures” and procedures for appeal for those persons who have been fined, and wish to appeal.
Councillor Delnicki said he had received calls from residents in the Clark Street/Pleasant Valley Road area requesting that they be kept appraised of the work being done at the Pleasant Valley Road/Clark Street Intersection. They wanted to be kept informed of the work’s progress.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Deputy Mayor Pelkey asked the Town Attorney about the setting up of a “Hearing Board” in South Windsor one of whose duties would be to “collect the fines” for different offenses—such as trucking violations. He asked if the Zoning Board of Appeals could be that agency. Atty. Guliano replied that it could not—that it would be, for instance, for zoning violations; wetland violations; blight violations, other penalties in Town. The Deputy Mayor asked the Town Attorney what it would take to “move that process along.”
ITEM:
13. Communications and Petitions from Council (Continued)
Briefly, Atty. Guliano said it would take an Ordinance to create this Hearing Board; and it would involve more than just collecting fines—that, in essence, the Council would be “appointing judges” to conduct hearings, etc. He elaborated on the workings of such a Board. The Deputy Mayor requested that Atty. Guliano “put the framework together” for a Hearing Board so that the Town Council could take a look at it and determine if it wished to proceed with it.
Councillor Delnicki, saying he had received a comment from a resident, asked the Town Manager about the Town’s policy with regard to the “use of air conditioners” in Town buildings over long week-ends. The Councillor added that the complaint was with regard to the Board of Education’s use of air conditioners in their schools over the weekends.
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Resolution Introducing an Amendment to Section 18-33 of the South Windsor Code of Ordinances Regarding “Peddlers – Application and Permit Fees,” and Setting a Time and Place for a Public Hearing on Said Amendment
BE IT RESOLVED that the South Windsor Town Council introduces an Amendment to Section 18-33 of the South Windsor Code of Ordinances regarding Peddlers – Application and Permit Fees, increasing permit application fees to $200.00; and
BE IT FURTHER RESOLVED that the South Windsor Town Council sets Monday, July 18, 2005, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on said proposed Amendment.
Was made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
B. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Transfer of $20,000 from the Capital and Non-Recurring Expenditure Account to the Capital Projects Account to Secure the Services of an Architect for Proposed Renovations and Possible Expansion of South Windsor’s Police Headquarters on Sand Hill Road
BE IT RESOLVED that the South Windsor Town Council sets Monday, July 18, 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 transfer of $20,000 from the Capital and Non-Recurring Expenditures Account to the Capital Projects Account to secure the services of an Architect for Proposed Renovations and Possible Expansion of South Windsor’s Police Headquarters on Sand Hill Road.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
C. Resolution Appropriating $4,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issue of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending Issuance Thereof the making of Temporary Borrowings for such Purpose.
BE IT RESOLVED that the South Windsor Town Council hereby appropriates $4,000,000 for the acquisition of land in fee, or acquisition of any easement, interest or right in land, for open space preservation, recreation, conservation, or agricultural land preservation, including entering into any agreements or covenants with landowners of open space in order to maintain, improve, protect, limit the future use of or conserve open space; and acquiring development rights to agricultural land for the preservation of such land, and for surveys, site tests, environmental remediation, administrative, printing, legal and financing costs related thereto; and, each acquisition or agreement made pursuant to this appropriation shall be subject to the approval of the Town Council by Ordinance duly adopted; and
ITEM:
17. C. Continued)
BE IT FURTHER RESOLVED that to meet the Town’s share of said appropriation, $4,000,000 bonds of the Town or so much thereof as shall be necessary for such purpose shall be issued, maturing not later than the twentieth year after their date; and
as more fully described in attached
RESOLUTION 17. C.
(Town Council Agenda of July 5, 2005)
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
D. Resolution Providing for Referendum of Town Electors Concerning Appropriating $4,000,000 for the Acquisition of Land or Interests in Land for Open Space.
BE IT RESOLVED that the Resolution entitled “Resolution Appropriating $4,000,000 for the Acquisition of Land of Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issue of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending Issuance Thereof the Making of Temporary Borrowings for Such Purpose,” heretofore at this meeting adopted, be submitted to the Town electors for the approval or disapproval at a referendum to be held November 8, 2005, and that the warning of said referendum state the question to be voted upon as follows:
“Shall the resolution entitled ‘Resolution Appropriating $4,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing Issue of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for such Purpose’ adopted by the Town Council on July 5, 2005, be approved?”
(Resolution Continued on Next Page)
ITEM:
17. D. Continued)
The ballot label for said question will read as follows:
“Shall the $4,000,000 Appropriation and Bond Authorization for the Acquisition of Land or Interests in Land For Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation be Approved? YES NO”
The Warning of said Referendum shall state that the full text of said Resolution is on file, open to public inspection, in the Office of the Town Clerk.
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
Councillor Williams then moved to take Agenda Item 17. G. out of order and address it at this time. The Motion was duly seconded, and approved, unanimously.
G. Resolution Substituting Member on Temporary Redistricting Committee to Review Voting Districts Within the Town of South Windsor
WHEREAS, the South Windsor Town Council established a temporary Redistricting Committee whose charge was 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,
WHEREAS, said Redistricting Committee was directed, following its review of South Windsor’s voting districts, to determine and recommend to the Town Council whether and how these Districts should be changed; and
(Resolution Continued on Next Page)
ITEM:
17. G. Continued)
WHEREAS, the Redistricting Committee was to be comprised of the Town of South Windsor’s: 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, Susan Larson, and Howard E. Fitts); and
WHEREAS, Susan Larson has since been appointed Democratic Deputy Registrar of Voters, requiring that a new Member be appointed to the Redistricting Committee as a "Member-at-Large
NOW, THEREFORE, BE IT RESOLVED that Susan Larson shall sit on the Committee as Democratic Deputy Registrar of Voters, and James Kupchunos will be added as a Member-at-Large; and
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: Councillor Pendleton
The Motion was: Approved, unanimously
E. Discussion Item: Banners and Signs (Requested by Councillor Prague)
In view of the late hour, Councillor Prague appeared willing to delay discussing this issue until another Town Council meeting; however, Town Manager Galligan said that “we shouldn’t really avoid this issue.” He suggested to Council that “the ‘Sign Ordinance’ is a problem in Town….the Chamber will tell you that there are a lot of business people who are very unhappy as to the way ‘signs’ are administered, and the Ordinances.”
ITEM:
17. E. Continued)
Mr. Galligan suggested that the Council may wish to get together with the Chamber of Commerce to discuss this. However, the Zoning Regulations are currently being changed by Planning and Zoning. Upon receipt of their proposed new Regulations, the Town Manager felt this would be an ideal time for Council, or Chamber to come forward to suggest changes in the Sign Ordinance.
Councillor Prague then asked for “3 minutes”—stating that he had two different issues to bring up. One of those issues, he continued, was “banners at 5 Corners.” He reminded Council of their $7,500 appropriation for fireworks on Armed Forces Day; and then said he had received a call from the Town’s Zoning Enforcement Officer informing him that the banner erected to remind the public of this event would be taken down 5 days prior to the event. He attributed part of the reason for a low turnout for the Armed Forces Day activities on this missing reminder.
Also, Councillor Prague said he was also told (regarding another banner) that “we’re going to move you to two or three weeks later;” Upon his reply that he didn’t mind “as long as I get my four weeks,” he was told he would not be getting four weeks but, instead, would get eight days; and he would “have to put it up himself;” the Fire Department would not be doing it for him.
Councillor Prague said that his second issue was with regard to the recent closings of two small businesses in Town-- Seasons Café; and Rocket Cycle. Again, the Councillor attributed part of their failure to the fact that “they have been served, over and over again, by the Zoning Enforcement Officer for violations of the Sign Ordinance.
Councillor Prague informed Council that, this morning, he had counted 63 “non-permit” stand-alone signs along Sullivan Avenue, only. Most, he added, are real estate signs—many of which have been up for “a lot more than a year.”
Councillor Yagaloff stated that where non-business-friendly zoning regulations existed--taxes, the quality of life, jobs, etc. were all affected. He said his problem was not with “enforcement,” it was with the fact that the enforcement is aimed “particularly against small business-owners.” He noted the fact that many people in Town were “selling vehicles” from their front lawns; as well as signs on every corner pointing out various other home businesses such as directions to different farms, farm-stands, how to lose weight, etc.—with no one enforcing that.” The Councillor felt that the Zoning Enforcement Officer “needs to strike a balance.” He felt that was a fair request.
ITEM:
17. E. Continued)
Councillor Prague asked if it would be possible to have a “joint meeting” with the Planning and Zoning Commission—something along the lines of the Council’s joint meetings with the Board of Education. Mayor Havens agreed that such a meeting was called for. He asked that it be scheduled.
Mayor Havens asked the Town Manager and Town Attorney how the Council could get involved. Mr. Galligan suggested that, although Council was not in the habit of becoming involved in P&Z issues, perhaps it was time it became more “vocal” about these problems.
The Town Manager informed the Council that he is often approached by “business people” who point out, and complain about instances where other businesses are “getting away” with breaking P&Z regulations. They question the fairness, in light of the fact that they are following the rules. Mr. Galligan advised that, if Council is not pleased with the regulations associated with “signs,” it “go to the Planning and Zoning Commission and “get the regulations changed.” He agreed, however, that the current regulations with regard to signs ”were not business-friendly.”
Mr. Galligan pointed out that “there are things in your Ordinances that should be ‘market-driven’ rather than P&Z-driven.’ As an example, he pointed out that there is not much “manufactured” in Town any longer, and the Town has an “industrial zone” which, currently, does not allow the location of (i.e.) restaurants, or other things within that zone. He felt that, here again, it was time to address these issues, and make the necessary changes that are “market-driven, business friendly” and will make it easier to keep businesses in Town.
Again, Mayor Havens stressed the need for a joint meeting between the Town Council, the Planning and Zoning Commission, and those enforcing zoning regulations.
Deputy Mayor Pelkey added his request that this meeting be set up and conducted prior to final changes in the Planning and Zoning Regulations. The Town Attorney stated that the new Regulations would not be forthcoming “for awhile;” that a whole series of Public Hearings had to be conducted first—and those would not take place until September of 2005.
ITEM:
17. New Business Continued)
F. Discussion Item: Mayoral Reappointments of Arthur Guerido and Richard Olson to the Cable Advisory Board for Terms Ending June 30, 2007
Mayor Havens, explaining this item briefly, said that Mr. Arthur Guerido and Mr. Richard Olson wished to continue to serve on the Cable Advisory Board for a term ending June 30, 2007, asked if there was any objection. There being none, the Mayor confirmed the reappointments.
G. Resolution Substituting Member on Temporary Redistricting Committee to Review Voting Districts Within the Town of South Windsor
(This item was addressed earlier in the evening.)
18. Passage of Ordinance
A. Resolution Adopting “An Ordinance Prohibiting Tractor-Trailer Truck Traffic on Beldon Road and Portions of Governor’s Highway in the Town of South Windsor
(This item was addressed earlier in the evening.)
19. Communications and Petitions from Council (Continued) - None
ITEM:
20. Executive Session
At approximately 10:15 p.m., Deputy Mayor Pelkey moved to go into Executive Session to discuss pending claims and litigation. The Motion was seconded by Councillor Delnicki; and was approved, unanimously.
21. Motion to Adjourn
The meeting was adjourned following the conclusion of the Executive Session.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (A copy each of: “Resolution 17.C.; and “Ordinance Prohibiting
Tractor-Trailer Truck Traffic on Beldon & Governor’s Hgwy.)
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