TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 June 19, 2006
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Streeter called the meeting to order at
2. Roll Call
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 Galligan
ITEM:
(Prior to formally reconvening the Regular Meeting, the Rules were Suspended in order to recognize South Windsor’s ‘FIRST” Robotics Team which placed 3rd in the 2006 International FIRST Competition; 1st in the 2006 Philadelphia Regional Competition,; and 1st in the 2006 New England UTC Regional Competition. 38 South Windsor High School Students, and 15 Adults (including teacher and United Technology Corporation employee advisors) were awarded Town of South Windsor “Certificates of Recognition” in honor of their achievements in the Robotics program and competitions. State Representative William Aman also presented the Robotics Team with a “Citation” from the Connecticut General Assembly.
Mayor Streeter then called for a brief recess at 8:35 p.m. The Regular Meeting was again reconvened at 8:45 p.m.
5. Public Input – None
Before proceeding further, Deputy Mayor Delnicki moved to “Suspend the Rules” to move Agenda Item 17. C. forward to this time. The Motion was seconded by Councillor Pelkey; and approved, unanimously.
17. New Business
C. Discussion Item – An update by the Park and Recreation Commission on “Lawrence Road Park” – Including Input and Recommendations from the Public
Coming forward to initiate this discussion and to offer a brief data point presentation was Park and Recreation Chairperson Andrew Paterna and Director of Recreation Ray Favreau. Prior to the data point presentation, Mr. Paterna introduced those members of the Commission who were present this evening; and gave a short “recent” history on this proposed project. He reminded Council that on May 16, 2005, the Town Council passed a Resolution requesting that the Park and Recreation Commission collect more information from Town residents regarding the “planning” for Lawrence Road Park.
The first step the Commission took was to hold a Public Forum on December 7, 2005 at Timothy Edwards Middle School to receive public input on the future for this Park. Approximately 200 people attended the Forum; and the general consensus coming out of it was that a majority of the people present looked at the planning for the Park as a “positive” development; and the split was about 50%/50% passive vs. active recreation at that location.
Secondly, a survey was sent out to approximately 2,500 random South Windsor voters in three (3) specific areas of Town—100% of the “abutters” (or 108 voters) were surveyed; 1,500 voters within a 2 mile radius of the Park; and 1,000 South Windsor voters living at distances greater than 1 mile of Lawrence Road. Mr. Paterna felt that the response was “excellent,” since 644 responses (or 26%) were received back—this being considered an “average-to-good” response for separately- mailed Town surveys. As to the “results” of the survey—the type of recreation considered most desirable by a majority of those surveyed were: walking trails; open fields for “passive” play; playgrounds, and picnic areas.
Also, the survey results indicated that a “majority of the residents surveyed did not want basketball or tennis courts.
Mr. Paterna then went through his data point presentation—a copy of which is attached hereto and made a part of these Minutes. The Chairman then asked for questions from the Councillors.
17. C. (Continued)
First to speak was Councillor Yagaloff who said he had attended the Public Forum in December; and had received the booklet containing the Survey Questions and results. The Councillor, however, did take issue with the statement on page 2 of the Summary which states that a “majority of people do not want basketball or tennis courts. He felt the results indicated that “a majority of the abutters” did not want them; however, in the other areas polled people did want basketball courts. And, he added “at least 25% to 30% of people polled did not answer the question regarding the courts; and the results don’t indicate this.
Continuing, Councillor Yagaloff said he was struck by the fact that a primary reason for not wanting the basketball courts was the fear of outsiders coming into Town and using the Town’s basketball or tennis courts. He said he did not feel comfortable voting against the basketball courts because (1) even though 25% are clearly against it, there is at least 75% that either strongly want it, or don’t care. And, (2) the number of people who really want to use these courts should not be denied their availability because some residents “want to restrict other people from coming in and using the Town’s property” if the courts are there.
The Councillor concluded his remarks by stating that he thought the purpose for the recommendations was to “balance the needs of the entire community” and develop a list of what recreation facilities are available in different parts of the Town….and that it had been the conclusion of the Commission that a basketball court, particularly, is needed in that area because there is presently no such facility in that part of Town. He asked what young people from the ages of 6 to 21 are supposed to do when they aren’t into walking trails or picnicking, but want to play basketball.
Councillor Moriarty stated that, to him, “the abutter responses are the ones that were the “driving force in his mind.” He said that walking trails, open space, picnic areas, playgrounds, fishing ponds are very important. With regard to tennis courts and basketball courts, he could understand the concern at this time; and understood, too, the concern with “cut-throughs and how development scares everybody. He added that he would be “open for discussion and having his decision swayed;” but, based on the information before him, this was how he felt, presently.
17. C. (Continued)
Councillor Pelkey commented on the fishing pond; and, since the pond is “already there,” he was not certain what money had to be spent on it. Mr. Paterna said that the pond was not a part of the Master Plan, but had come up at the public forum and was then added to the Survey. He said that it may be for future development but is not part of the current budget.
Councillor Pelkey said that before he takes a position, he was going to read how the questions were posed to the public; because, he felt, the “wording” of a question sometimes “steers” the answer.
Councillor McCann thanked Mr. Paterna for coming forward and informed those listening that people living in that area of Town have been waiting for about 20 years to see some development in Lawrence Road Park.
The Councillor then said that he agrees with some of the remarks made by Councillor Yagaloff with respect to the survey responses regarding the basketball court. He pointed out that he could find “no majority of people that are shown in the survey who oppose the basketball court; and that the highest negative rating shown is that 41% of the abutters are against it. If, however, the overall responses are looked at, he added, the positive responses are about 41% and the negative are about 26/27%. Overall, he added, there does seem to be among those who responded to the question regarding basketball courts more people that favor it than oppose it.
Councillor McCann wanted to confirm that the tennis courts and basketball courts would be eliminated from the plan. He wanted to know if that idea would be to eliminate them entirely or just not to go forward with them at this time. Mr. Paterna said that they would just not go forward with them at this time.
Councillor McCann also asked if the idea is to have a first phase development of the park and focus on the passive recreation items. Mr. Paterna said that was correct. The Councillor then informed the listening public that the results of the Survey are posted on the Town’s website.
Deputy Mayor Delnicki asked if the intent of the first phase is to prove to the abutters that the park can be a good neighbor and that it won’t produce the problems that many of the folks are concerned about. Mr. Paterna assured him that it was a “fair statement.”
17. C. (Continued)
Councillor Havens said that the development of Lawrence Road Park “has been discussed for too long: and he did not recall “surveys or anything like that” being done for any of the other Town parks. He said there needs to be, in addition to the basketball and tennis courts, some active sports like baseball or football at the Park. The Councillor predicted that unless the Town Council approved funding for this Park, nothing would be done and it would be discussed for another 2 or 4 more years..
Councillor Havens added that he has no objections to the walking trails and passive recreation; however, he felt strongly that “active” activities for South Windsor’s young citizens was what was most needed. The Councillor suggested that, perhaps, this project could be included in the “bonding package” that has been discussed.
Mayor Streeter asked if there was anyone from the public who would like to address this subject.
Mr. Craig Zimmerman of 5A Amato Drive came forward and applauded the current Members of the Park & Recreation Commission and the Town Council. He asked what the timing was on voting on the proposal. Mayor Streeter said that it would be discussed during the next fiscal year’s budget deliberations. Town Manager Galligan said that this was originally put off in the Capital Plan for two years. He did not think that there would be any funds in the upcoming budget of July 1, 2006; and explained that if they wanted to do this sooner than July 1, 2007, they would have to get back to the Council with some suggestions.
Mr. Zimmerman also asked if there would be another public hearing and more discussion on what should and shouldn’t be included. Mayor Streeter said that this is just informational, and the Park & Recreation Commission will come back with what their plan is after they work with staff to get some numbers on the cost.
Mr. Zimmerman asked if, because the basketball courts were on the plan prior to this meeting and if they get taken off of the plan after this meeting, that decision is set in stone or can it be discussed in 6 months or a year from now. Mayor Streeter said that, by all means, it can be discussed at a later date, but he didn’t know what the Park & Recreation Commission was going to be taking from this discussion.
17. C. (Continued)
Councillor McCann asked for clarification from Town Manager Matthew Galligan with respect to the budget for this project. He said he recalled a discussion during this year’s budget deliberations regarding the cutting of the trees and the clearing of the site that was put on hold by a pending lawsuit. Mr. Galligan explained that they can do that under Capital Projects because there has been a certain amount of money that has been set aside.
Mr. Galligan suggested that, if the Park is going to be developed, he was not sure if it really paid to cut it all down in one year, to come back with a bulldozer to put new grass, it could be a waste of money. He recalled that it was about $16,000 that was set aside to cut and keep the growth down. He explained that if the plan is to go ahead at some point within the next fiscal year, that $16,000 could be used as part of the bulldozing costs.
Councillor McCann explained how he wants to see them proceed with this as soon as possible and get the lawsuit resolved in the Town’s favor. Town Manager Galligan said that as soon as the pending litigation is over, they will then move forward, but he does not know how long that is going to take. He said that he will get a report from Atty. Penny as to how long the estimate of time is.
Councillor Yagaloff followed up on Councillor McCann’s questions. He said that he was surprised at the statement regarding the Capital Projects budget. He said that he remembers asking very explicitly during the meeting where the Capital Projects Budget was voted on how much money was available in the budget to do Lawrence Road Park, and was told about $100,000. Town Manager Matthew Galligan said that he thinks what he told them at the time with regard to the Park & Recreation Master Plan (the original plan under Capital Projects) was to put $100,000, then $125,000, then $150,000 over a period of 7 to 8 years that will fund some of the projects of that plan. He said that this Council passed a resolution not to fund that portion of the plan.
Continuing, Mr. Galligan said that what he spoke of was the remaining funds currently in Capital projects from last year that has not been used. He also stated that the entire Lawrence Road Project could run $200,000 to $300,000; and again added that what is currently in that account is enough to do some clearing, design work, and things of that nature.
17. C. (Continued)
Councillor Yagaloff said that his question, now, is if there is money enough to get the project started. Mr. Galligan said that there is. the question was if there was money to get the project started. The Town Manager said that there is. In that case, according to the Councillor that design and clearing work should begin now; otherwise, he feared the project would be deferred
Councillor Yagaloff said that the design work and clearing is what should be done now; otherwise, the project will be deferred. He expressed concern about the money being spent on the survey.
Town Manager Galligan then gave a brief history of when this started; and its placement on a Referendum—which, he added, did not pass. He said that if the Council wants to start authorizing the spending on the design now, that is fine; however, he warned of not knowing where the lawsuit was going, or whether it would be won or lost. According to Mr. Galligan, until this evening’s information was received, there was “nothing to design or get started on.” He also added that no money is going to be spent until a final plan is available for Council and staff to see. Councillor Yagaloff agreed with the Town Manager and said that the survey is in and that they should make a decision and get started on the project.
Councillor Yagaloff said that the lawsuit has nothing to do with the “development;” but, rather, the “application of pesticides.” Town Manager Galligan said that it has to do with taking down the trees; and the lawsuit is basically about the trees and what trees can come down.
Mayor Streeter said that the next time this will be discussed is in July and he didn’t think Councillor Yagaloff understood that. Councillor Yagaloff said that they did understand that fact; but was getting the sense from several comments made that that they will make a decision when it comes. He felt that: they have a project;, they asked for and received public input; and should now really get going and do it.
Councillor Moriarty reminded the Councillors that, over the last year, there have been informal meetings by concerned neighbors—some within one mile of the Park, and the abutters. He said he understood Mr. Zimmerman’s concerns but took issue with his inference “that the abutter’s responses shouldn’t have that much bearing…..” To go ahead after a tailor-made survey has been done; and then to discount the “abutter responses he felt was “absolutely terrible.”
17. C. (Continued)
Councillor Prague said that he does not agree with the Town Manager’s response regarding the lawsuit. Mr. Galligan reminded him that the lawsuit was not a topic that should be discussed since it is presently in litigation. He did suggest that he would not have a problem discussing it in Executive Session.
Mr. Paterna pointed out that, in terms of the abutter responses--whether it was an abutter, someone from a mile away, or the general community, the responses were similar. The Commission, he said, is currently trying to balance the responses they received and the fact that they were very similar regardless of where the responders lived. Adding that the Commissioners want to move forward on this Park, Mr. Paterna suggested that the Town consider the Commission’s Motion to do just that, sans the tennis and basketball courts, in order to get this project going.
Mayor Streeter said that he appreciates their information and they will be talking again in the very near future.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
9. Commun. from Officers and Bds. Directly Responsible to Council - None
10. Communications and Reports from Town Manager (See attached Report)
11. Reports from Standing Committees - None
12. Reports from Temporary Committees – None
13. Communications and Petitions from Council
Councillor Pelkey announced that Evergreen Walk, in conjunction with South Windsor’s Recreation Department, would conduct a “Walkathon” to benefit The Boundless Playground; and applications could be obtained and filled out at L.A. Fitness, on Buckland Road.
13. Communications and Petitions from Council (Continued)
Deputy Mayor Delnicki then recognized two young men who had attained the rank of “Eagle Scout” in the Boy Scouts of America. They were: Eric Michael Ruby (and) Nicholas W. Pratt. He congratulated them on attaining this high award.
Councillor McCann then paid tribute to three other Eagle Scouts from Troop 880 who received their award the day before—Steven Reitsma; David Grimaldi; and Eric Sheuing.
Mayor Streeter, too, congratulated all of these young men; and, informed the Council of the tasks they had undertaken as a part of their program to attain “Eagle Scout” status.
Mayor Streeter also spoke of the Opening Ceremonies for the “Ralph Giansanti Senior American Legion Tournament held at Rotary Field all weekend; what a success it was; and what a way to honor “Mr. Baseball” here in South Windsor, Ralph Giansanti.
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Resolution Appointing Donald Mercure (D) a Member of the Economic Development Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Donald Mercure to the Economic Development Commission for a term ending November 30, 2008, to fill the unexpired term of M. Terrie Kyc, and hereby tables the same.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
17. New Business (Continued)
B. Resolution Appointing Mario Marrero (D) an Alternate Member of the Inland/Wetlands Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Mario Marrero an Alternate to the Inland/Wetlands Agency for a term ending December 1, 2008, to fill a vacancy’s unexpired term, and hereby tables the same.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
C. Discussion Item – An update by the Park and Recreation Commission on “Lawrence Road Park” – Including Input and Recommendations from the Public
(Discussed earlier this meeting.)
D. Resolution Authorizing the Town Manager to Issue $777.50 of Matching Funds to American Legion Baseball for the Purchase of Various Equipment and for Dugout Improvements, Said Funds to be Appropriated from the “South Windsor Citizen Matching Mini-Grant Program”
WHEREAS, the South Windsor Town Council, at its Regular Meeting of June 20, 2005, created a “South Windsor Citizen Matching Mini-Grant Program;” and
WHEREAS, the American Legion has duly submitted a proper Application for matching funds of $777.60 to assist in the purchase of protective screens, batting cage netting, and dugout improvements; and
WHEREAS, Town Manager Matthew B. Galligan has reviewed and approved this project and Application, and has determined that it meets all of the criteria of the “South Windsor Citizen Matching Mini-Grant Program
(Resolution Continued on Next Page)
17. New Business (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to issue $777.50 of matching funds from the “South Windsor Citizen Matching Mini-Grant Program” to purchase the aforementioned equipment and provide dugout improvements at Rotary Field; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to American Legion Baseball for its active participation and fund-raising efforts on behalf of the Town’s adult and youth baseball players and for improvements to South Windsor’s popular “Rotary Field.”
Was made by: Councillor Prague
Seconded by: Deputy Mayor Delnicki
Town Manager Matthew Galligan explained that the original request was “higher;” however, after going through the guidelines associated with the Mini-Grant Program, he felt he could not honor the request for a “pitching machine” for $1,900. The amount of $777.50, he said, was 50% of the total amount of the remainder of the request.
(Councillor Havens took time at this point to pay tribute to Craig Zimmerman and all the work he has contributed over the years to American Legion Baseball, including the recent Tournament.)
A lengthy discussion ensued regarding the “pros” and “cons” of a pitching machine, with most Councillors agreeing that it should be restored to the proposal originally submitted to the Town Manager. Following this discussion, the following Motion was made.
Councillor McCann moved to Amend the Resolution by adding $1,000 to the proposed Mini-Grant to bring the total $1,777.50 for the further purchase of a “pitching machine.” The Motion was seconded by Councillor Pelkey. Further comments were forthcoming from Councillor Pelkey and Craig Zimmerman regarding the usefulness and benefits of having this pitching machine. Mayor Streeter then called for a vote on the Amendment. It was approved 6 Ayes to 1 Nay—Councillor Moriarty being absent from the Chambers at the time of the vote; and Mayor Streeter being the lone dissenter. He then called for a vote on the Amended Resolution. It was approved, unanimously.
17. New Business (Continued)
E. Resolution Approving a Refund of Property Taxes to Four (4) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to four (4) South Windsor taxpayers, the total of said refunds being $552.78 and as more fully described in attached Exhibit A.
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor McCann
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Communications and Reports from Town Manager (Continued) - None
21. Executive Session - To discuss Management Personnel issues; possible
purchase of property by Town of South Windsor and Union Negotiations
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor Pelkey
Councillor Yagaloff then asked to Amend the Resolution to go into Executive Session to include a discussion regarding pending litigation associated with Lawrence Road Park. It was seconded, and approved, unanimously
The Amended Motion was: Approved, unanimously
21. Executive Session - None
22. Motion to Adjourn
A Motion to adjourn was made and approved following the Executive Session.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts.
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