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Town Council - Regular Meeting - 12-19-05
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Action Minutes  Page 1  December 19, 2005

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

Members Present:        Mayor Matthew Streeter
Deputy Mayor Thomas Delnicki
Councillor Deborah Fine
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Cary Prague
Councillor Keith Yagaloff

Also Present:   Town Manager Matthew B. Galligan
        (No “Interim” Town Attorney present)

The Meeting was called to order by Mayor Streeter at 8:10 p.m.

5.      Public Input

First to speak was State Representative William Aman who said he was present this evening to provide a packet to Council containing information of what had been accomplished by the State Legislature in its most recent Session.  

Rep. Aman then made a brief report on such items as tax breaks for the elderly and handicapped; campaign financing controls instituted by the Legislature, etc.  He did emphasize the fact that South Windsor’s Boards and Commissions were “operating as they should.

Along that line of thinking, Councillor Fine said that she was under the impression that “we would not be able to have an ad book any longer.”

6.      Environmental Health & Safety Message

Councillor Pelkey said that he wished to comment on “physical fitness” statistics here in South Windsor.  He added that it had recently been determined that 29%, only, of the students in South Windsor were able to pass the “physical fitness” minimum standards put to them.  The Councillor said he had gone “on line” to ascertain what those standards were—and they were, he added, “very minimal.”

ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005


6.      Environmental Health & Safety Message  (Continued)

Councillor Pelkey went on to state that, in his opinion, a top priority for the young people in Town should be physical fitness; and suggested that the Council’s Public Health & Safety Committee get together to “do something about this.”  The Councillor added that the Subcommittee’s present roster includes himself, Deputy Mayor Delnicki, and Councillor McCann.

The discussion evolved into the need for the education of adults regarding not only the shortcomings when it comes to the physical fitness of both adults and children in our community; but, also, to the associated causes—namely, “overeating and obesity.”  Councillor Pelkey informed the Council Members that the Town of Tolland has an “award-winning” physical fitness program.

7.      Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Public Hearing of November 21, 2005 (Amendment to Ordinance #172 re. Tractor-Trailer Truck Traffic on Beldon Rd. and Portions of Governor’s Highway); Public Hearing of November 21, 2005 (Ordinance Waiving Interest on Property Tax for Spouses of Those on Active Duty in Iraq/Middle East); Regular Meeting of November 21, 2005; Work Session of December 5, 2005; Public Hearing of December 5, 2005 [Approp. Of $17,000 from Capital and Non-Recurring Expenditures for Three (3) Metal Roofs at Police Headquarters]; and Regular Meeting of December 5, 2005.

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

8.      Public Petitions  -  None

9.      Communications from Officers and Boards Directly Responsible to Council

Mr. Ray Favreau, Director of Recreation, said he was present this evening “substituting for Craig Zimmerman,” Chairperson of the Park and Recreation Commission.  However, before he made his report for Mr. Zimmerman, Mr. Favreau asked to be included in any meeting held regarding “Physical Fitness,” and “Childhood Obesity” by the Public Health & Safety Subcommittee of the Town Council.  

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Regular Meeting – Town Council
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December 19, 2005


9.      Communications from Officers and Boards Directly Responsible to Council  (Continued)

Mr. Favreau then went on to report on the success of the public meeting held December 12, 2005, 2005, 2005 with the “neighbors” of Lawrence Road Park regarding the Park’s future use.  He reported that all the Members of the Park and Recreation Commission were present; and that the discussions and suggestions coming out of that meeting would be published on the Town’s website.

10.     Communications and Reports from Town Manager

Mr. Galligan reported on the following:

1.      Health Insurance costs for people who retire from their municipality, and how other Towns such as West Hartford, Avon, and Simsbury were accounting for these costs.  He added the information that GASB 45 now requires each municipality to record this liability on the financial statements.  Mr. Galligan felt that recording this liability will have an adverse affect on the financial condition of theTown.

2.      He commented on the need for an Executive Session this evening to discuss a personnel item and also to go over a report of litigation currently being worked on by the Town’s Interim Town Attorney (Robinson & Cole).

3.      The Town Manager’s discussion with Dr. Joseph Wood (Supt. of Schools) regarding the recent “Teacher’s Contract.”  Mr. Galligan stressed the need for a decision this evening on this Contract; or, if not feasible, the setting of a “Special Meeting prior to January 2, 2006” in order to reach a decision on this Contract prior to the end of the allotted 30 days.

4.      The presence on this evening’s Agenda of a Resolution to “Waive Competitive Bidding” on a CAD system for the Engineering Department.  He stressed that the reason for this need was because the Town’s current State contractor’s bid is higher for this purchase than another bidder of equal quality, etc.

5.      The Town Manager’s last report was on the status of recent NAGE (Local R1-208 Pollution Control Union) negotiations.

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Regular Meeting – Town Council
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December 19, 2005


10.     Communications and Reports from Town Manager  (Continued)

Questions and Comments were directed to the Town Manager regarding—

1.      GASB 45; what is the dollar amount in the Town’s Pension Fund, totally--and who is covered by this Fund;

2.      The report received by Council from the Department of Human Services regarding the Food and Fuel Bank—and a request that the reports be forthcoming throughout the current “heating season;”

3.      The lack of data regarding the Teachers’ Contract received, as promised, from the Board of Education; the fact that, to date, most of the information received by Council was from reading the local newspapers; and the lingering need to receive this information prior to Council having to make a decision on the Contract;

4.      A request for more “definitive information” on the Food and Fuel Bank—i.e., total donations received and total monies spent in comparison with prior years;

At this time, Mayor Streeter noted that the Superintendent of Schools, Dr. Joseph Wood, wished to speak; and, following no objections that he speak under the “Town Manager’s Report,” Dr. Wood addressed the Council regarding the issues raised.  He said that it was important that the Town Council and listening public know that the laws of the State of Connecticut with regard to collective bargaining has provided that the Town Council has the right to have a “observer and a liaison” at every single negotiation session;” and, he added, none were present from the Town Council during these negotiations.

Following Dr. Wood’s comments, Mayor Streeter noted that the allotted 10 minutes for the Town Manager’s Report had expired, asked if Council wished to move to continue it.  There was no such Motion.

11.     Reports from Standing Committees

Mayor Streeter, however, asked that the Members of the Space Needs Committee settle on a meeting date and time.  He noted that the “architects” had submitted their report regarding the space needs of the Town Hall, and suggested remedies.  He asked the Town Manager to set this meeting up.


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Regular Meeting – Town Council
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December 19, 2005


11.     Reports from Standing Committees  (Continued)


The Mayor also noted that the Union School Committee “needs to set up a meeting; and he requested that the Naming of Public Lands and Buildings Committee arrange to meet soon, also.

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Councillor Pelkey reported that on a recent evening, the “11th Graduation of the PACT Class” was held at the Mill on the River Restaurant; and about 20 citizens graduated from this Police and Community Together Program conducted by South Windsor’s Police Department.

Councilor Havens paid tribute to “Maneeley’s Banquet Facilities” in South Windsor—in particular, his accolades were aimed at Mr. Bruce Maneeley for his “hosting” a party for 160 spouses and family members of military personnel serving in Iraq, the Middle East, and other areas.  The banquet facility and all the food was donated by Maneeley’s.  Councillor Havens also noted that, next Sunday morning (Christmas Day), Bruce Maneeley would again be providing the food and the facility’s services, free of charge, to about 1,200 children who are part of the group “We Are The Children,” at Hartford’s Expo Center.

Mayor Streeter and Deputy Mayor Delnicki echoed Councillor Havens’ sentiments and suggested further recognition.

14.     Public Participation  -  None

15.     Consent Agenda  -  None

16.     Unfinished Business  -  None






ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005


17.     New Business

A.      Discussion Item - “Contract Agreement on Working Conditions between South Windsor Board of Education and South Windsor Education Association – July 1, 2006 – June 30, 2009”  (Requested by Councillor Yagaloff)

(Councillor Pelkey said he would be recusing himself from any discussions or votes taken on this subject because his wife is a teacher in South Windsor’s school system.  He then left the dais and the Council Chambers.)

Mayor Streeter pointed out that there were representatives from the South Windsor Board of Education present in the audience; and he then turned the microphone over to Board of Education Chairperson Janice Snyder.

Ms. Snyder thanked the Council for the invitation to be here this evening.  She then introduced staff and Board of Education Members present this evening.  They were:  Board of Ed Vice Chairperson David Joy; Ania Czajkowski, Asst. Superintendent of Schools; Dr. Joseph Wood, Superintendent of Schools; and Board Member Anthony Fornuto.  

The Chair then named who was on the negotiating committee.  They were:  Anthony Fornuto, Board Member; Rob O’Connor, former Chairperson, Bd. of Education; Janice Snyder, Board Chair; Tom Mooney, Board’s Attorney from Shipman and Goodwin; and Ania Czajkowski, Asst. Superintendent, Personnel.  Saying that she could only substantiate the facts and figures arrived at by the Board of Education,

Ms. Snyder then went on to explain that all present must be “sensitive” to what is being discussed this evening because of the possibility of going on to arbitration, should the Town Council reject the Contract.  (Mayor Streeter assured her that should the discussions this evening begin to border on sensitive information, it would be necessary to go into Executive Session to discuss these items.)




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Regular Meeting – Town Council
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December 19, 2005


17.     A.  (continued)


The Chairperson went on to explain that there were two basic components to the Contract—the general wage increase; and the “moving on step.”  In general, she added, and on an average, the salary step movements that teachers get (regardless of the general wage increase) is 2.2%.  Whether a teacher is at the top of the step or just “walking in the door,” according to Ms. Snyder, the general wage increase is something they would get.

Ms. Snyder reported that:  The general wage increase for the 2006/2007 Fiscal Year is 2.6%.  The Statewide settlement is 2.95%.  For the 2007/2008 Fiscal Year the gwi was negotiated at 2.6%; statewide it is 2.81%.  For the 2008/2009 Fiscal Year, the gwi negotiated by South Windsor is 2.75%; with a statewide settlement is 2.86%.  (She pointed out that, in every year, the statewide settlement was higher than South Windsor’s.)  Ms. Snyder also reiterated the fact that the step movement, in each case, averages 2.2% each year.

The total amount per year =  2006/2007, 2.6 + 2.2 (step movement) = 4.8% total;  for 2007/2008, 2.6% + 2.2% = 4.8% total; 2008/2009, 2.75% + 2.2% = 4.9%.  The Total Average Yearly Cost, is the 4.88%, she added—which, is 1/10th of a percent higher than the statewide average of 4.77%.  

Ms. Snyder then went on to explain the “Insurance Cost Share Premium.”  Currently, she said, teachers pay 12% of the cost share premium for their Health Insurance.  Negotiated in the new contract, she added, is an increase from 12% to 13% in the first year; 14% in the second year, and 15% in the third year.  The Chairperson added that she knew of no other district in Connecticut that had a “higher” cost share premium than South Windsor—the Town of Farmington, however, has the exact same cost sharing percentages as South Windsor.

Another key point, according to Ms. Snyder, is the fact that, unlike other communities in Connecticut, South Windsor’s teachers have agreed to an insurance “reopener” in March.    (Dr. Wood, at this time, distributed a copy of a letter from Thomas Mooney, of Shipman & Goodwin LLP in which he agrees that the Board of Education is “rightfully proud of the agreement it achieved with its teachers this year.”  (A copy of Atty. Mooney’s letter is attached hereto.)
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Regular Meeting – Town Council
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December 19, 2005


17.     A.  (continued)

The Chairperson then asked if any of the Councillors had questions.  Councillor Havens began by asking “What is this (the new contract) going to cost us in the next budget year in new dollars?”  Ms. Snyder responded that “step movement costs” are $550,000; and the new cost (or GWI) is $600,000—or $1.15 million.

Councillor Yagaloff asked if it was not true that the three year increases, including steps in the salary increases, is 14.55% (4.8% for year 1; 4.8% for year 2; and 4.95% for year 3); and what is the average typical family insurance costs to the Town/school for a one-month period?  When the answer was not available, Councilor Yagaloff stressed that he felt this information was important, and then went on to explain his reasons why.

Councillor Moriarty questioned information provided in a letter from Ania Czajkowski, Asst. Superintendent, to Dr. Wood, Superintendent of Schools.  Referring specifically to item #6. in the letter which reads:

“For a teacher on top step the raise is approximately $1,857.  When one factors insurance cost share in, a teacher on top step with a family plan, would realize a $161 pay raise.”

If this is the case, according to Councillor Moriarty, it would mean that between last year and this year the insurance for this individual on the top step would have had to have increased by $1,084.44 per month.  He added that he found this hard to believe; and asked if insurance costs, within the last year, had gone up that much.  Ms. Snyder asked Ms. Czajkowski to address this question and explain how these figures were calculated.

Mayor Streeter pointed out where the error had occurred; and, following his explanation, Ms. Czajkowski agreed that she had made an error by using the 12% figure rather than the 1% difference in the new 13% figure in her calculations.  Ms. Snyder and Mayor Streeter agreed that item #6. in Ms. Czajkowski’s letter should be reworded.

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Regular Meeting – Town Council
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December 19, 2005


17.     A.  (continued)

Councillor McCann agreed with Ms. Snyder and her feelings that the present discussion be kept on a level that enlightens the public so that they can understand what goes into the budget and what the budget is all about.  He offered his advice to the public on the easiest way to understand what wage increases are from year to year in a contract such as this--that being to go through the individual raises that are included in the proposal.

Councillor McCann went on to explain that he had started by going through a “step by step” process as shown in the existing 2005/2006 contract.  The figures you arrive at, he contended, are “without making any increases or adjustments from the existing contract to what is being proposed today;” in other words, no GWI is included—it merely reflects what teacher increases would be just “by their being there another year, and moving to the next step.”   (He provided an example of what he was referring to.)  

Also addressing the Council was Board Vice Chairperson David Joy who tried to clarify certain points—namely, the exact total number of teachers in the system (400) —how many of those were at the top “step” (184) and how many were still moving “in step”(216); and, in the final analysis, the total financial impact on the Town = $1,150,000--of which, $550,000 was in “step;” and $600,000 in new contract money.

A lengthy discussion continued regarding the contract—after which, Dr. Wood rose to point out that this was the type of discussion he was hoping would not occur because of the possibility of confusion.  He concluded his remarks to Council by stating that he had “never seen a better contract for the school system than this contract presented to you tonight.  If you go to arbitration on this, I will guarantee you this—the teachers will not get less than they have now; and they may very well get more.”

Deputy Mayor Delnicki took issue with Dr. Wood’s remarks, stating that these were the same remarks he had heard three years ago regarding the present contract. is was the same.  He also reiterated Council’s disappointment in no receiving information they had requested in order to make an informed decision on the contract this evening.

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Regular Meeting – Town Council
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December 19, 2005


17.     A.  (continued)

Councillor Fine reminded the Board of Education that on December 5, after receiving a copy of the Teachers Contract that had already been filed with the Town Clerk, she had asked for a copy of the new contract denoting, exactly, what had been changed from last year.  Town Manager Galligan said he would ask Dr. Wood to provide it, she said.  Later on, according to Councillor Fine, Councillor Yagaloff had agreed with Councillor Fine’s request and added other issues—including how much it is costing the Town this year; and what it cost last year. (Town Manager Galligan said he would ask the Board for that information, also.)

Councillor Fine then went on explain that, until tonight’s letter from Shipman & Goodwin, Council had received no information associated with its request; and, since they had on received it this evening, they have had no time to sit down and absorb, analyze, and develop questions to be put to the Board of Education regarding this Contract.  

At this time, Councillor Yagaloff asked Mayor Streeter if he wished to allow the dscussion on this subject to continue now; or did he wish to have any further discussion take place following the upcoming Resolution regarding the Contract.  Mayor Streeter predicted there would be more discussion following the upcoming Resolution.  However, following this discussion with the Board of Education, he would be calling a “Recess” in order to allow both political parties to caucus on their action with regard to the Motion—whether to “pass” or “fail” the Motion; or set up a Special Meeting next week to address the Motion.

The present discussion resumed.

B.      Resolution Rejecting the Contract Agreement on Working Conditions between the South Windsor Board of Education and the South Windsor Education Association—July 1, 2006 - June 30, 2009
(Councillor Yagaloff)

WHEREAS, the Contract Agreement on Working Conditions between the South Windsor Board of Education and the South Windsor Education Association (the “Contract Agreement”) was executed by the parties on December 1, 2005; and

(Resolution Continued on Next Page)

ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005


17.     B.  (continued)


WHEREAS, the Contract Agreement was filed with the Town Clerk on December 2, 2005; and

WHEREAS, Section 10-153d(b) of the General Statutes of Connecticut provides that the terms of the Contract Agreement shall be binding on the legislative body of the local school district, unless such body rejects such Contract Agreement at a Regular or Special Meeting called and convened for such purpose within thirty days of the filing of the Contract Agreement; and

WHEREAS, the South Windsor Town Council, as the legislative body, is not in favor of allowing the Contract Agreement to become effective

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby REJECTS the Contract Agreement on Working Conditions between South Windsor Board of Education and South Windsor Education Association—July 1, 2006–June 30, 2009

Was made by:    Councillor Yagaloff
Seconded by:    Deputy Mayor Delnicki

Before a vote could be taken, further comments from Councillors Havens, Yagaloff, Moriarty, McCann, and Mayor Streeter included (among other things): what some felt was the folly of delaying a vote on the Resolution by tabling it; the questionable financial results of going to arbitration; the need for the information originally requested by Council, and not received, prior to Council’s being able to make an informed intelligent decision on this Resolution; and the Board’s admission that some of the information they had provided this evening needed to be corrected.

Mayor Streeter suggested that should this Motion be Tabled, a Special Meeting of the Town Council be set for Wednesday, December 28, 2005 to again address this Resolution.
ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005

17.     B.  (continued)


Deputy Mayor Delnicki then moved to table the Resolution.  The Motion was seconded by Councillor McCann and was approved, 5 Ayes to 3 Nays, on a Roll Call vote as follows:

        Deputy Mayor Delnicki           Yes
        Councillor Fine                 No
        Councillor McCann                       Yes
        Councillor Havens                       No
        Councillor Moriarty                     Yes
        Councillor Prague                       Yes
        Councillor Yagaloff                     No
        Mayor Streeter                  Yes

C.      Resolution Accepting Streets and Open Space Within the Following Subdivisions:  Joseph Lane Estates;, Vintage Hills II; and Deming Hill Estates Ph VII

BE IT RESOLVED that the South Windsor Town Council hereby accepts the deeds for streets and open space parcels in the following subdivisions:

Joseph Lane Estates

Open Space                      1.8 Acre
Joseph Lane (partial)           640 linear feet

Vintage Hills II

Open Space                      8.63 acres
Vintage Lane (partial)          1,320 linear feet
Nature’s Way                       330 linear feet

Deming Hill Estates Ph VII

Loomis Road (partial)              570 linear feet
Red Rock Lane                      800 linear feet

(Resolution Continued on Next Page)
ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005

17.     C.  (continued)


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

D.      Resolution Rejecting Low Bid for the Purchase of One (1) Hewlett Packard Printer/Plotter and Approving the Purchase of Same Through the Current Vendor

WHEREAS, the Information Technology Department has researched the cost for the purchase of one (1) HP Designjet 4000ps Printer/Plotter through State contract; and

WHEREAS, there is currently a lease for an existing HPDesignjet 800ps Printer/Plotter that has one (1) lease payment remaining of $2,484; and

WHEREAS, the existing vendor has proposed taking back the existing lease equipment and voiding the lease with no penalty and, furthermore, quoted a savings of $328 over the low State Bid quote; and

WHEREAS, the total savings, including the voided lease payment, would be $2,812

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council has determined that, with regard to this purchase, the rejection of the low bid would be in the best interest of the Town of South Windsor; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes the purchase of one (1) HP Designjet 4000ps Printer/Plotter from the existing vendor.

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

ACTION MINUTES
Regular Meeting – Town Council
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December 19, 2005


17.     New Business  (Continued)


E.      Resolution Approving a Refund of Property Taxes to Fifteen (15) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fifteen (15) South Windsor taxpayers, the total of said refunds being $36,332.63 and as more fully described in attached Exhibit A.

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

18.     Passage of Ordinance  -  None

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

20.     Communications and Petitions from the Town Manager (Continued)

Councillor Pelkey asked Town Manager Galligan about the new GIS System during this Town Manager’s Report.  He asked what the status of this was.  Mr. Galligan said that staff would be making a presentation to the Town Council sometime soon regarding the Town’s new GIS System; however, what he wished to show the council this evening was the “much clearer picture” provided by the new printer approved by Council this evening.  

Mr. Galligan asked Scott Roberts, the Town’s IT Manager, to come forward with the maps he had with him demonstrating the difference in quality between the two printers.  Mr. Galligan referred to the Town’s contract with SPC; and mentioned the fact that the town may be looking at an additional staff person sometime in the future—a GIS Coordinator.  In conclusion, the Town Manager said they hoped to do a presentation the second meeting in January, on the 17th.

Councillor McCann stated that the he thought the demonstration just presented was “incredible” and the detail shown “phenomenal;” however, he questioned its need; and how much extra it was going to cost the Town to have it.  Director of Public Works, Michael Gantick, in reply to councilor McCann’s questions said staff would be happy to address these questions, in detail, on January 17.

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Regular Meeting – Town Council
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December 19, 2005



21.     Executive Session  - To discuss personnel matters

A Motion was made by Deputy Mayor Delnicki to go into Executive Session to discuss personnel matters; and an update on legal issues (as added by the Town Manager).  The Motion was seconded by Councillor McCann; and was approved, unanimously.

22.     Motion to Adjourn

A Motion to Adjourn was made following the end of the Executive Session.



Respectfully submitted,


                                                
Patricia R. Brown
Clerk of the Council

Attmts. (2): [Letter from Atty. Thomas Mooney, Shipman & Goodwin,
                            Dated 12/14/05; (and)
            Exhibit A.]