TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 November 21, 2005
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Matthew Streeter
Deputy Mayor Thomas Delnicki
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Cary Prague
Councillor Keith Yagaloff
Members Absent: Councillor Deborah Fine
Also Present: Town Manager Matthew B. Galligan
(No Town Attorney Present)
The Meeting was called to order by Mayor Streeter at 8:05 p.m.
ITEM:
5. Public Input
Mr. Donald Belleville, 18 Alison Drive, spoke to the Council regarding the upcoming budget deliberations. He asked that the Town Council “really focus on the budget—and really trying to get a 4.5% increase in the budget, or less, if we can.” He offered the idea of “talking to the Mayor of New Britain because he was able to cut the mill rate (in that city) by one mill, two years in a row.”
Mr. Bellevile asked that Council send another letter to the State Legislature, and Governor Rell, regarding “arbitration for teachers.” He also referred to “construction on the schools”—in particular, with regard to “stairs” to the schools. He noted that he has lived here for 24 years; and those stairs have lasted for 24 years.
He again asked that a letter be authored by the Town Council and, this time, be sent to the Board of Education telling that agency to focus on smaller changes--
ACTION MINUTES
Regular Meeting –Town Council
Page 2
November 21, 2005
ITEM:
5. Public Input
i.e., mall additions, where need, on the schools; replace the old stairs with ramps to meet today’s standards; install ADA-compliant bathrooms; expand the offices to
improve accessibility. He was of the opinion that the $94 million proposal for the schools “is never going to go in this Town.”
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Mr. Craig Zimmerman, Chairperson, Park and Recreation Commission, welcomed the new Members of the Town Council; sent well wishes to former Councillors Pendleton and Williams; and said he wished to provide a “quick update” on the Revised Recreation Master Plan.
Mr. Zimmerman reminded Town Council that, last year, the previous Town Council had established a policy to set aside between $150,000 and $200,000 a year on recreation plans. And, he realized, this action by the previous Council did not necessarily bind the present Council, he asked for the opportunity to read a letter that went out to the public from the Park and Recreation Commission.
Continuing, the Chairman said that the Commission was holding a public meeting on December 7. 2005, from 7:00 p.m. to 8:30 p.m., in the Auditorium of Timothy Edwards Middle School with the people who “lived within a mile of Lawrence Road” to, hopefully, get additional input requested by the previous Town Council that the Commission could then share with the present Town Council. Also invited, he added, was any citizen of South Windsor interested in attending.
Mr. Zimmerman then read the letter (a copy of which is attached). He added that, within a month of that meeting, the Commission would be sending out a questionnaire targeting various groups in Town in an effort to get “everybody’s input on what they’d like to see at Lawrence Road; and what they’d like to see in the rest of the Town.” He thanked Councillor Prague for his help with this.
ACTION MINUTES
Regular Meeting –Town Council
Page 3
November 21, 2005
ITEM:
10. Communications and Reports from Town Manager - Mr. Galligan reminded the Council that he had given his report during the previous Work Session.
11. Reports from Standing Committees - Mayor Streeter referred to the list he had recently distributed to the Councillors denoting his choices for “liaison appointments” to various Boards and Commissions; and his suggested appointments to Standing Committees. He emphasized that these appointments were “preliminary;” and were there any objections from Councillors, he was certainly open to hearing them.
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Pelkey reported on two “Grand Openings” recently taking place in Town—Highland Park Market; and Stonewall Kitchen—both of which are located at Evergreen Walk. Mayor Streeter added The Savings institute on Sullivan Avenue’s ribbon-cutting; and also Riverwalk, the new “over-55” condominiums located at the corner of Pierce Road and Sullivan Avenue.
Councillor McCann said he wished to correct information “going around town” that he was a “Partner” with the Town’s “Interim Town Attorney” firm of Robinson & Cole. He added that this was “incorrect’” that his firm is “Tyler, Cooper, & Alcorn;” and that he had never been employed by Robinson & Cole.
Deputy Mayor Delnicki, who had represented the Town at the ribbon-cutting ceremony for The Savings Institute Bank and Trust, also informed the public that this institute had donated $10,000 to the fund for the Town’s “Boundless Playground.” This fact was confirmed by Councillor Pelkey.
ACTION MINUTES
Regular Meeting –Town Council
Page 4
November 21, 2005
ITEM:
14. Public Participation - None
15. Consent Agenda
Motion to accept Agenda Items 17. C. through 17. S. as the Consent Agenda.
Was made by: Councillor Moriarty
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
16. Unfinished Business
A. Appointment of Suzanne P. Choate (R) to the Planning and Zoning Commission
BE IT RESOLVED that the South Windsor Town Council appoints Suzanne P. Choate to the Planning and Zoning Commission for a term ending November 12, 2007, to fill the unexpired term of Kevin McCann.
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor McCann
The Motion was: Approved, unanimously
17. New Business
A. Resolution Accepting the Resignation of Timothy Moriarty (R) as a Member of the Water Pollution Control Authority, and as an Alternate to the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council accepts the resignation of Timothy Moriarty as a Member of the Water Pollution Control Authority, and as an Alternate to the Zoning Board of Appeals, said resignation to become effective immediately.
Was made by: Councillor Prague
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
ACTION MINUTES
Regular Meeting –Town Council
Page 5
November 21, 2005
ITEM:
17. New Business (Continued)
B. Resolution Accepting the Resignation of Elizabeth F. MacDonald (R) from the Drug and Alcohol Abuse Prevention Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Elizabeth F. MacDonald from the Drug and Alcohol Abuse Prevention Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council wishes to thank Ms. MacDonald for the time and efforts she volunteer on behalf of her community and looks forward to the possibility of her future participation on one of South Windsor’s Boards or Commissions.
Was made by: Councillor Prague
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
*C. Resolution Appointing Christopher Lariviere, Jr. (R) an Alternate Member of the Planning and Zoning Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Christopher Lariviere, Jr. an Alternate Member of the Planning and Zoning Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ACTION MINUTES
Regular Meeting –Town Council
Page 6
November 21, 2005
ITEM:
17. New Business (Continued)
*D. Resolution Reappointing Frank Ferrero (R) to the Board of Assessment Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Frank Ferrero to the Board of Assessment Appeals for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*E. Resolution Reappointing Mark Lillis (R) to the Economic Development
BE IT RESOLVED that the South Windsor Town Council appoints Mark Lillis to the Economic Development Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*F. Resolution Reappointing Mark Patitucci (R) an Alternate to the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Mark Patitucci an Alternate to the Economic Development Commission for a term ending November 30, 2009, and thereby tables the same.
APPROVED BY CONSENT AGENDA
*G. Resolution Appointing Edwina Futtner (R) to the Historic District Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Edwina Futtner to the Historic District Commission for a term ending November 30, 2010, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ACTION MINUTES
Regular Meeting –Town Council
Page 7
November 21, 2005
ITEM:
17. New Business (Continued)
*H. Resolution Appointing Paul Oates (R) an Alternate to the Historic District Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Paul Oates an Alternate to the Historic District Commission for a term ending November 30, 2007 to fill the unexpired term of Edwina Futtner, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*I. Resolution Reappointing Richard Muller (R) to the Inland-Wetlands Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Richard Muller to the Inland-Wetlands Agency for a term ending June 1, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*J. Resolution Reappointing Katherine Chiapetta (R) to the Library Board, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Katherine Chiapetta to the Library Board for a term ending November 30, 2009, and hereby tables the same
APPROVED BY CONSENT AGENDA
*K. Resolution Appointing Mark Peterson (R) to the Mass Transit and Highway Advisory Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Katherine Chiapetta to the Library Board for a term ending June 1, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ACTION MINUTES
Regular Meeting –Town Council
Page 8
November 21, 2005
ITEM:
17. New Business (Continued)
*L. Resolution Appointing Jason Race (R) to the Park and Recreation Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Jason Race to the Park and Recreation Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*M. Resolution Appointing Paul Mozzicato (R) as an Alternate to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Paul Mozzicato an Alternate to the Patriotic Commission for a term ending August 31, 2008, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*N. Resolution Reappointing Howard E. Fitts (R) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Howard E. Fitts to the Public Building Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*O. Resolution Reappointing Charles E. Lyons (R) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Charles E. Lyons to the Public Building Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ACTION MINUTES
Regular Meeting –Town Council
Page 9
November 21, 2005
ITEM:
17. New Business (Continued)
*P. Resolution Reappointing Carol S. Kelley (R) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Carol S. Kelley to the Public Building Commission for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*Q. Resolution Appointing Robert C. Wilson (R) to the Public Building Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Robert C. Wilson to the Public Building Commission for a term ending November 30, 2007 to fill the unexpired term of Kenneth Fitzgerald, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*R. Resolution Reappointing Susan Rose (R) an Alternate to the Water Pollution Control Authority, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Susan Rose an Alternate to the Water Pollution Control Authority for a term ending November 30, 2008, and hereby tables the same.
APPROVED BY CONSENT AGENDA
*S. Resolution Reappointing Teri Dickey-Gaignat (R) to the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Teri Dickey-Gaignat to the Zoning Board of Appeals for a term ending November 30, 2009, and hereby tables the same.
APPROVED BY CONSENT AGENDA
ACTION MINUTES
Regular Meeting –Town Council
Page 10
November 21, 2005
ITEM:
17. New Business (Continued)
T. Resolution Approving the Creation of a “Search Committee” of the Town Council to Develop, Distribute, and Review Requests for Proposals for a Town Attorney
WHEREAS, the term of the current Town Attorney ended on November 14, 2005; and
WHEREAS, expanded legal services of the Town of South Windsor’s Bond Counsel, Robinson & Cole, has been requested and is currently being utilized as an “Interim Town Attorney; and
WHEREAS, the South Windsor Town Council feels it is imperative that legal services and advice on municipal matters be available to Town staff, elected officials, and Board and Commission Members on a “permanent” basis
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council approves the creation of a “Town Attorney Search Committee” whose Members shall be appointed by the Mayor at the Town Council’s next Regular Meeting, and whose charge will be to develop, distribute, and review upon their return all “Requests for Proposals” submitted for the position of Town Attorney; and
BE IT FURTHER RESOLVED that, upon completion of this review, the South Windsor Town Council will choose and appoint, by Resolution, an attorney, or law firm, deemed most suitable by the Committee for the position of Town Attorney—said selection and appointment to be made no later than January 17, 2006.
Was made by: Councillor Havens
Seconded by: Deputy Mayor Delnicki
Councillor Pelkey moved to amend the last phrase of the Resolution to read: “—said selection and appointment having a target date of no later than January 17, 2006.” The Move to Amend was seconded by Deputy Mayor Delnicki; and approved, 7 Ayes to 1 Abstention—the vote to Abstain being cast by Councillor Yagaloff.
ACTION MINUTES
Regular Meeting –Town Council
Page 11§
November 21, 2005
ITEM:
17. T. (Continued)
Mayor Streeter then called for a vote on the Amended Resolution. The Amended Resolution was approved, on a Roll Call vote, 7 Ayes to 1 Abstention—the vote to Abstain being cast by Councillor Yagaloff.
U. Resolution Reappointing Daniel L. Jeski (D) an Alternate to the Planning and Zoning Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Daniel L. Jeski an Alternate to the Planning and Zoning Commission for a term ending November 30, 2007 to fill the unexpired term, as Alternate, of Michael Sullivan, and hereby tables the same.
Was made by: Councillor Yagaloff
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
V. Resolution Setting a Time and Place for a Public Hearing Regarding an Appropriation of $17,000 from the Capital and Non-Recurring Expenditure Account to Fund the Replacement of Three (3) Metal Roofs at Police Headquarters on Sand Hill Road
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 5, 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 an appropriation of $17,000 from the Capital and Non-Recurring Expenditure Account to fund the replacement of three (3) metal roofs at Police Headquarters on Sand Hill Road.
Was made by: Councillor Prague
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
ACTION MINUTES
Regular Meeting –Town Council
Page 12
November 21, 2005
ITEM:
17. New Business (Continued)
W. Resolution Authorizing the Public Building Commission to Proceed with the Construction of South Windsor’s New Fire Station #3
WHEREAS, the voters of the Town of South Windsor have approved the borrowing of $8.2 million for the construction of a new Fire Station #3; and
WHEREAS, the Public Building Commission requires authorization from the Town Council before it can proceed with the final design and site plans for this construction
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Public Building Commission to proceed with the final design and site plans for the construction of Fire Station #3; and
BE IT FURTHER RESOLVED that, prior to commencement of construction of the Fire Station, the final design and site plans selected by the Public Building Commission shall be brought back to the Town Council for its review.
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor Pelkey
Councillor McCann moved to Amend the Resolution by adding to the third paragraph the following following the words “for the construction of Fire Station #3”--…..utilizing the best practices of value engineering to design and construct, as economically as possible, the building to fulfill the requirements of the Fire Department and the Ambulance Corps.”
The Amendment was seconded by Mayor Streeter. Following Council discussion, a vote was called for on the proposed Amendment. The Amendment was approved, on a Roll Call vote, 5 Ayes to 3 Nays, as follows:
ACTION MINUTES
Regular Meeting –Town Council
Page 13
November 21, 2005
ITEM:
17. W. (Continued)
Deputy Mayor Delnicki Yes
Councillor McCann Yes
Councillor Havens No
Councillor Moriarty Yes
Councillor Pelkey No
Councillor Prague Yes
Councillor Yagaloff No
Mayor Streeter Yes
Mayor Streeter then called for a vote on the Amended Resolution. The Amended Resolution was approved 7 Ayes to 1 Nay, on a Roll Call vote, as follows:
Deputy Mayor Delnicki Yes
Councillor McCann Yes
Councillor Havens No
Councillor Moriarty Yes
Councillor Pelkey Yes
Councillor Prague Yes
Councillor Yagaloff Yes
Mayor Streeter Yes
X. Resolution Approving a Refund of Property Taxes to Thirty-Eight (38) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to thirty-eight (38) South Windsor taxpayers, the total of said refunds being $3,231.56, and as more fully described on attached Exhibit A.
Was made by: Councillor Moriarty
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
ACTION MINUTES
Regular Meeting –Town Council
Page 14
November 21, 2005
ITEM:
18. Passage of Ordinance
A. Resolution Approving an Amendment to Ordinance #172, 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 approves the Amendment to Ordinance #172, an “Ordinance Prohibiting Tractor-Trailer Truck Traffic on Beldon Road and Portions of Governor’s Highway in the Town of South Windsor,” said Amendment as more fully described in attached Exhibit B, and a copy of which Amendment is on file in the Office of the Town Clerk.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
Councillor Pelkey explained the changes to the Ordinance. Councillor Havens said he wished to recognize Councillor Pelkey on the work he had expended, over the years, on alleviating the truck traffic problems associated with these two Town roads.
The Motion was: Approved, unanimously
B. Resolution Approving an “Ordinance to Waive Interest on Property Tax Due for any South Windsor Real Property-Owner Whose Spouse is on Active Duty in Iraq and Who, Further, is Serving in the Middle East.”
BE IT RESOLVED that the South Windsor Town Council approves an “Ordinance to Waive Interest on Property Tax due for any South Windsor Real Property-Owner Whose Spouse is on Active duty in Iraq and Who, Further, is Serving in the Middle East,” said Ordinance as more fully described in attached Exhibit C., and a copy of which is on file in the Office of the Town Clerk.
Was made by: Councillor McCann
Seconded by: Deputy Mayor Delnicki
ACTION MINUTES
Regular Meeting –Town Council
Page 15
November 21, 2005
ITEM:
18. B. (Continued)
Councillor McCann, before reading the Resolution, said that he wished to recognize former Councillor Elizabeth Pendleton for making Council aware that other municipalities had developed such an Ordinance, and for her proposal that South Windsor, too, offer this waiver to those whose spouses were serving in Iraq and other areas in the Middle East.
Councillor Yagaloff said he would be supporting the Resolution; however, he requested that a further opinion be obtained as to why the Town cannot extend this waiver of interest on property taxes to the spouses of others “serving our Country;” and why the Town Council can’t “just pass a Resolution allowing, for one year, the waiver of interest on property taxes due to the spouses of any service man or woman, not at home, but on active duty somewhere in the World.
As it now stood, Councillor Yagaloff felt that the proposed Ordinance clearly excluded the spouses of service men and women serving in other areas around the World who, too, might be struggling to pay their property taxes.
Town Manager Matthew Galligan said that he could bet an opinion on that; however, under the State Statute, the Town Council “can’t waive any interest or penalty for anybody in the Town of South Windsor. Under the law, he continued, the only thing under the law that allows this—and that’s for a person who can prove that they’ve lost a job, or whatever.”
A discussion ensued with regard to available courses of action--such as a “petition” to State Legislators about giving the Towns more leeway with forgiveness of interest on taxes, etc.
Councillor Pelkey asked the Town Manager for clarification on what time period, exactly, is covered, as stated in the proposed Ordinance, by the “2003 Grand List.” Mr. Galligan replied that would be for the 2004/2005 Fiscal Year. It was agreed that “more interpretation” of the timelines covered in the proposed Ordinance was needed from the State. However, generally agreed that the vote taken this evening would cover only the 2003 Grand List; and that, sometime next year, the Town Council would have to address the Ordinance again with regard to (for instance) the 2004 Grand List.
ACTION MINUTES
Regular Meeting –Town Council
Page 16
November 21, 2005
ITEM:
18. B. (Continued)
Following a short discussion on a possible Amendment to the language of the proposed Ordinance, it was decided to vote on the Ordinance, as presented; and consider changes, if necessary, when anticipated future changes from the State were presented.
Mayor Streeter then called for a vote on the Resolution. The Ordinance was approved, unanimously.
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - No continuation of previous Executive Session needed.
21. Motion to Adjourn
A Motion to Adjourn was made by Councillor Havens at 9:20 p.m.; was seconded by Deputy Mayor Delnicki; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (P&R Letter; Exhibit A., Exhibit B.,
And Exhibit C.)
| 
