TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 July 17, 2006
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Streeter called the meeting to order at 8:00 p.m.
2. Roll Call
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: Asst. to the Town Manager Judy Hall
Absent: Town Manager Matthew Galligan
Before commencing the business of the meeting, Mayor Streeter announced that he wished to recognize Ms. Sue Burnham, 647 Ellington Road, Immediate Past President of the South Windsor Lions Club, who was present this evening to present a gift check to the Town.
Ms. Burnham then came forward and presented a $1,000 check from the South Windsor Lions Club to South Windsor’s Food and Fuel Bank. This contribution, she added, was the result of hard work by the Members of the Lions Club and the support of the community. Ms. Burnham then announced other contributions recently made by the Lions Club to several South Windsor and local endeavors--which are noted here, with gratitude, and as a part of the record—namely, South Windsor’s Boundless Playground Project; Operation Graduation; two (2) scholarships this year to South Windsor High School graduates; the South Windsor Teen Center; the South Windsor Housing Authority; South Windsor FISH. In addition, she said, the South Windsor Lions Club has contributed to the Lions Low Vision Center; Lions Eye Research Foundation; District Hearing Foundation; and Fidelco.
Mayor Streeter then thanked Ms. Burnham and the South Windsor Lions Club for their generous contribution to the Town’s Food and Fuel Bank.
ITEM:
5. Public Input
James Throwe, 1330 Main Street, who was speaking as Chairman of the Democratic Town Committee. who spoke to Items 17. A. and B. on tonight’s Agenda—Resolutions appointing Kenneth Jeski to the Inland/Wetlands Agency, and Krista Marchesseault to the Economic Development Commission. He said he took issue with the fact that they were, again, appearing under “New Business.”
After providing: (1) background information regarding previous Council and Democratic Town Committee actions on these Motions; (2) his and the Democratic Town Committee’s opinion that these appointments should now be under “Unfinished Business” for final action; and (3) after acknowledging receiving the copy sent to him of the Town Attorney’s opinion on how these Motion should appear on this evening’s Agenda, Mr. Throwe requested that when addressing these two appointments this evening they should be addressed at the “second stage” rather than the “first stage” of the appointment procedure. “
The next speaker was State Senator Gary LeBeau who came forward to present his report on the State’s recent Legislative Session. The Senator initiated his report by pointing out that there was some increase in the total dollars allocated by the State to South Windsor—notably, from $10.960 million in ‘05/’06 to $11.039 (Governor’s proposal) this year. The State Legislature, he added, then raised that total to $11.1 million (or, approximately, a $140,000 increase over last year.
The Senator then addressed several areas where the State has assisted the Town with funding—among them: the “Excess Cost Formula for Special Education;” funds for recreational projects such as the “High Ropes Confidence Course,” and Ellsworth School Gymnasium; the half million dollar study of the “Buckland Corridor.” Senator LeBeau felt that one of the most important Bills passed by the Legislature in its recent Session was Senate Bill #702 which dealt with “economic development” and trying to move the stagnant Connecticut economy. (He elaborated on the type of businesses and programs being sought; as well as reforms in business dealings that had to be addressed—such as ending the tax on manufacturing machinery and equipment. Connecticut, he
stated, was 1 of only 3 States in the Country that allowed this type of property tax. This tax, he said, is to be “phased out over five (5) years, with full reimbursement to cities and towns.
ITEM:
5. Public Input (Continued)
The Senator then distributed and discussed various items noted in two separate documents: Connecticut’s Office of Legislative Research’s: “2006 Major Public Acts;” and “2006 Acts Affecting Municipalities.”
A question and answer period followed the Senators report.
Kathryn Hale, 54 Orchard Hill Drive, and Vice Chair of the Nominating Committee of the Democratic Town Committee and a former Member of the Town Council “Ethics Committee” said she was present to discuss the Krista Marchesseult nomination to the Economic Development Commission. Following her check of the Town Charter and the Town’s Rules of Ethics, she said, she had found nothing that bars a Town employee from holding an appointed volunteer office.
Mayor Streeter then explained the chronology of these Motions—first appearing on May 15, 2006 and tabled to June 5, 2006 when it was “tabled” by Councillor Pelkey and seconded by Councillor Yagaloff. The Council Clerk, added the Mayor, was instructed by Democratic Town Chairman James Throwe not to place it on the June 19, 2006 Agenda.
The Mayor went on to explain to Ms. Hale and the listening public that two (2) legal opinions—one from previous Town Attorney Barry Guliano; and one, recently, from the current Town Attorney, Hal loran & Sage—both stipulating that if you table something twice, it is a dead issue and should revert back to “New Business.”
Ms. Hale then noted that she felt it was inappropriate to hold an Executive Session on a personnel matter without notice to the person who was the subject of the discussion.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council meetings: Work Session of June 5, 2006; Regular Meeting of June 5, 2005; Work Session of June 19, 2006; and Regular Meeting of June 19, 2006.
Was made by: Councillor Havens
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Commun. from Officers and Bds. Directly Responsible to Council - None
10. Communications and Reports from Town Manager - None
11. Reports from Standing Committees - None
12. Reports from Temporary Committees - None
13. Communications and Petitions from Council
Deputy Mayor Delnicki said he wished to make the public aware of the fact that on Tuesday, July 25, 2006, at 7:30 p.m., the Planning and Zoning Commission will be holding a Public Hearing in the Council Chambers on a proposal to allow apartments in Evergreen Walk. The Deputy Mayor pointed out that this, if allowed, will be a “significant change to the Gateway Zone Regulations since residential use is not listed as a permitted use.”
Also, in his opinion, Deputy Mayor Delnicki felt that this Public Hearing was not just about the change to the Gateway Zone Regulations to allow apartments, but also about “what we see ourselves wanting to be as a community.” He further speculated about just how many apartments would eventually end up on the 54 acres being proposed for use in the Gateway Zone were this proposal to be successful.
Continuing, the Deputy Mayor felt that the proposal left many unanswered questions—i.e., does South Windsor want to remain a “suburb,” or not; do we want to preserve our rural character, or not; do we want to create an “urban-like environment” in South Windsor; do we want to evolve South Windsor into, perhaps, a “Manchester.”
Having said this, Deputy Mayor Delnicki said he believed South Windsor was at a crossroads; and that the proposal to allow apartments in the Gateway Zone was “only the tip of the iceberg.” He reminded the listening public that “unfortunately, the Town Council has no say in the decision on this proposal.” The decision, he added, is entirely up to Planning and Zoning. However, he added, he would be expressing his personal feelings at the Public Hearing; and he hoped the people of South Windsor, too, would attend the July 25th Public Hearing.
13. Communications and Petitions from Council (Continued)
Councillor Haven, referring to the Deputy Mayor’s remarks, said he did not feel it was appropriate for a Member of the Town Council to try to influence the public on an issue such as this—he did not feel it was in good taste.
On another matter, Councillor Pelkey remarked on a letter included in this evening’s packet sent to the Members of the Town Council by Mrs. Pat Conrad, Strong Road, regarding the “red barn” at Strawberry Fields that recently has been dismantled and removed. Ms. Conrad, in her letter, reminded the Councillors that, during Council’s input on the Strawberry Fields project, it had stipulated that the red barn was to “stay.”
Councillor Pelkey felt that he, and the other Council Members, should know just what is going on in that situation because his understanding, as well as Mrs. Conrad’s statement, would indicate that what was originally agreed to with regard to this barn was violated. He said he distinctly remembered the conversation regarding this barn; and, in fact, the Town “had swapped some land so that they could go around it, etc.” He asked Mayor Streeter if he had received any correspondence indicating there was a change to the original agreement that the rest of the Council Members were unaware of.
Mayor Streeter said he has received no correspondence regarding this; however, he agreed that there was some type of stipulation at the time with regarding the barn. He, too, felt more information was needed regarding this. Councillor Pelkey asked that the Town Attorney be contacted regarding the possibility of a “major violation” of the original agreement; and asked that, prior to Council’s next meeting in September, this information be provided to the Members of the Town Council.
On another matter, Councillor Pelkey asked to speak to Resolutions 17. A. and 17 B. on this evening’s Agenda—namely, the appointments of Kenneth Jeski and Krista Marchesseault. He then informed the public that, although discussed in Executive Session, once it was determined that these two appointments had to be brought back to the Democratic Town Committee for further discussion, they were no longer protected by “executive” privilege.
Councillor Pelkey, too, took exception to the opinion of the Town Attorney with regard to the “tabling” of a Motion. He asked for the opportunity to read those Motions this evening—and change the wording to “simply say ‘To appoint’ those two people.”
13. Communications and Petitions from Council (Continued)
Councillor Havens, although acknowledging that there are many “good things” happening at Evergreen Walk, pointed out the notice received by Council of the closing of the “Filenes Warehouse” on Governor’s Highway. He said the Town would now have “one massive building empty” and many employees out of jobs. He expressed his regret for the loss of jobs to a number of people (many of whom may live in South Windsor); and expressed hope that this was not indicative of a trend in South Windsor’s economy.
Councillor Pelkey said that “on a happier note” he wished to announce that a local business, Imperial Plumbing and Oil, this past weekend, moved in to a brand new and larger facility. He wished the Company (and its CEO, Councillor Havens) 40 more years of success.
14. Public Participation - None
15. Consent Agenda
Motion to approve Agenda Items 17. A. and 17. B. as the Consent Agenda.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
Councillor Pelkey then moved to remove Agenda Items 17. A. and B., from the Consent Agenda.
16. Unfinished Business - None
17. New Business
A. Resolution Appointing Kenneth Jeski (D) to the Inland/Wetlands Agency, and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting of September 5, 2006
BE IT RESOLVED that the South Windsor Town Council appoints Kenneth Jeski to the Inland/Wetlands Agency for a term ending December 1, 2007 to fill the unexpired term of Philip Forzley, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting of September 5, 2006.
(Resolution Continued on Next Page)
17. A. (Continued)
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
Councillor Pelkey then made a Motion that Agenda Items 17. A. and 17. B. be moved to “Unfinished Business.” The Motion was seconded by Councillor Fine.
Mayor Streeter then called for a 5-Minute recess to consult Roberts Rules of Order to see if the Motion posed by Councillor Pelkey is permitted.
Following the recess, Mayor Streeter reconvened the Regular Meeting and called upon Councillor Pelkey who, in turn, informed the public that, during the recess, some of the Councillors had an opportunity to speak with the Town Attorney on the telephone. Councillor Pelkey then withdrew his Motion to move 17 A. and 17. B. from “New Business” to “Unfinished Business.”
Mayor Streeter then asked that the Resolution, as proposed, be addressed and requested that there be a “second” again to Agenda Item 17. A. Deputy Mayor Delnicki again seconded the Motion. Councillor McCann then asked that the Motion be read once again for the public’s edification. Mayor Streeter repeated the Motion.
Mayor Streeter then called for a vote. The Motion was approved, unanimously.
*B. Resolution Appointing Krista Marchesseault (D) to the Economic Development Commission, and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting of September 5, 2006
BE IT RESOLVED that the South Windsor Town Council appoints Krista Marchesseault to the Economic Development Commission for a term ending November 30, 2007 to fill a vacant unexpired term, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting of September 5, 2006.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
17. New Business (Continued)
C. Discussion Item – Possible Referendum Question to be Included on 11/7/06 Ballot for Infrastructure Capital Projects
Councillor Prague, Chairperson of the Capital Projects Committee, reported that over the years, proposals have been made to “bond” significant number of dollars to catch up on bridges, roads, drainage, and other various infrastructure projects. The Councillor believed that the impetus behind these proposals is the fact that trying to “catch up” using today’s dollars can be very costly and will significantly impact the Town’s tax rolls. A better solution, he ventured, would be to “bond” the project(s), and pay for them over time.
South Windsor’s Public Works Department, according to Councillor Prague, does a phenomenal job with the upkeep of the Towns bridges, roads, drainage, etc. However, he added, they are “starting to lose the battle.” Because of this, and at this point in time, the Capital Projects Committee felt it was time to consider an alternative proposal—bonding—and recommended, through Public Works $9.47 million of projects that can be completed over the next five years, and bonded out over a 20-year period. The Councillor then invited Mr. Bill Lindsey, IBIC, financial advisor to the Capital Projects Committee) and Director of Public Works Michael Gantick, to come forward to discuss this proposal. He then referred the Council to a list they had been provided with depicting
possible projects to be considered. (A copy of the handouts is attached hereto as Exhibits A. and B.)
Mr. Gantick then explained that there are many competing needs within the Capital Projects Plan—specifically, $80 million dollars worth of projects. Within the past year or two the Town Council has approved and authorized about $3 million worth of projects to be funded. However, according to the Director, the Town was “losing the battle with deteriorating infrastructure, and the longer the Town waits to address these need, the worse the projects or situation become and the more costly to remedy. He, too, felt that with regard to escalating costs, it was unprecedented times.
As of today, Mr. Gantick informed the Council, the Town has about $25,000,000 worth of projects in the Capital Budget that fall under the category of roads, bridges, and drainage. He felt that proceeding with the bonding would provide the Town with “one tool” with which it could begin to catch up and manage the Town’s infrastructure in a proactive way. Although these type of projects, he said, are not “glamorous—such as new ballfields, etc.); still, he added, they are the things that are vital to the community’s “commerce.” He, too, referred to the list provided; and added, as Councillor Prague had said, that they are subject to change, if the Council so desired. He then introduced Bill Lindsey of the firm Independent Bond and Investment
Consultants (or, IBIC).
17. C. (Continued)
Mr. Lindsey introduced himself and his company, stating that they were the Town’s Financial Advisor; and was present this evening to present to Council “a financing plan for this roadwork and drainage improvement project developed by IBIC. He said that his firm was asked in addition to developing the plan, to finance the “hard construction costs”—or, to determine some financing costs, including estimates for issuance costs for the bonds that finance this project—as well as short-term borrowing interest to cover the construction phase of the project.
He and his firms’ understanding of the project was about $9.5 million of construction costs; roughly, a five-year construction timeframe; and with a cash flow of approximately $2 million per year. The objective in developing the financing plan, according to Mr. Lindsey, was to try to limit the impact on the Operating Budget of the Town as much as possible. To accomplish that goal, he offered, IBIC is recommending a “phasing-in of the borrowing;” or, finance this project through a series of Bond Anticipation Notes over that five-year project.
The rationale for this, he said, is that by phasing in the debt, the Town’s tax base is allowed to grow; or will allow the Town to retire existing debt that it has already issued. More importantly, the Town has a “drop off” in existing debt service in Fiscal Year ending 2012; and that decrease in existing debt is being targeted.
Mr. Lindsey then went through the handouts he had distributed to Council—namely, “Roadwork & Drainage Improvement Project” (or Exhibit A.); and, “Combined Impact Approved Projects & $9.5M Roadwork.” Following this he answered questions posed by Councillors.
Following this discussion and the Q/A period with the Councillors. Mayor Streeter informed those listening of the likelihood of a previously unscheduled Town Council Special Meeting sometime at the end of August regarding the placement of a Referendum Question for Bonding of Infrastructure Work on the November 7, 2006 Ballot.
Councillor Yagaloff’ requested that this August Special Meeting be “informational,” only, He felt that the Town Council Members needed time to receive public input regarding this issue; and stressed the importance, as stated earlier by Councillor Pelkey, of allowing the public and the Members of the Town Council sufficient time to consider all the Capital Projects and “appropriately fund” that budget from year to year. He cautioned to “bond for the right reason” and not for the wrong reason—“because we can’t afford to do it another way.” He hoped this would be discussed further in August.
17. C. (Continued)
Following indications that there were no further comments from Council on this Discussion Item, Mayor Streeter thanked Mr. Lindsey and Mr. Gantick for their presentation.
D. Resolution Setting a Time and Place for a Public Hearing Regarding Modification of Maintenance of Open Space at Cornerstone Drive
BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, September 5, 2006, 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 an application received from residents at Cornerstone Drive to modify the maintenance practice on a portion of Open Space near Cornerstone Drive in accordance with the requirements of Town Ordinance #136, a Subdivision Open Space Use and Maintenance Ordinance.
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor McCann
The Motion was: Approved, unanimously
E. Resolution Approving the Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members for Fiscal Years 2006/2007 and 2007/2008
BE IT RESOLVED that the South Windsor Town Council hereby approves the Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members for Fiscal Years 2006/2007 and 2007/2008.
Was made by: Councillor Prague
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
F. Resolution Approving the Transfer of $12,000 from the Town’s Salary Contingency Account to Central Services Part-time Wage Account
BE IT RESOLVED that the South Windsor Town Council approves the transfer of $12,000 from the Town’s Salary Contingency Account to the Central Services Part-Time Wage Account to provide continued funding for a temporary part-time position within the Town Manager’s Office whose primary duties include the scanning of Town files.
(Resolution Continued on Next Page)
17. F.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was approved, on a Roll Call vote, 8 Ayes to 1 Nay. The single dissenting vote was cast by Councillor Yagaloff.
G. Resolution Approving a Refund of Property Taxes for Twelve (12) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes for twelve (12) South Windsor taxpayers, the total of said refunds being $1,335.55, or as more fully described in attached Exhibit A.
Was made by: Councillor Havens
Seconded by: Deputy Mayor Delnicki
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 - None
22. Motion to Adjourn
Deputy Mayor Delnicki moved to adjourn the meeting at 10;25 p.m. The Motion was seconded by Councillor Fine; and approved unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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