TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 October 16, 2006
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Streeter called the meeting to order at 8:15 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: Town Manager Matthew Galligan
Town Attorney Duncan Forsyth, Halloran & Sage
ITEM:
5. Public Input
State Representative William Aman, 878 Strong Road, came forward to formally announce that South Windsor has received a $250,000 Grant from the State of Connecticut for building athletic fields at Rye Street Park. He gave credit to the Town staff for their preparation of the Application for this Grant, saying it not only was well-written, but “zeroed in” on the goals and requirements for that type of funding. Rep. Aman also gave credit to State Senator Gary LeBeau who, together with Rep. Aman, urged Governor Rell to approve this Grant.
Rep. Aman mentioned that he had participated in a free pancake breakfast where money was raised for South Windsor’s Food and Fuel Bank. The Breakfast, itself, he added, raised $475.00 for the cause; and another $200.00 was raised through the raffling off of a fire truck. The Representative spoke of the importance of the Town’s “Food and Fuel Bank;” and asked Dennis Sheridan, Director of Human Services, to come forward and provide further information on the status of the Food and Fuel Bank.
ITEM:
5. Public Input (Continued)
Mr. Sheridan thanked Rep. Aman for the generous donation to the Food and Fuel Bank; and echoed the Representative’s comments on the importance of this Bank. He added that he was happy to report that “We’re in a lot better shape, now, than we were last year.” He applauded the generous recent donations from the Wapping Church Gold Tournament; and one from the SBM Foundation. He, too, thanked the South Windsor Volunteer Fire Department for continuing the Drive the day of the Pancake Breakfast. He then asked if there were any questions from the Council. There were none.
6. Environmental Health & Safety Message - None
At this time, Councillor Pelkey moved to “Suspend the Rules” in order to move Agenda Item 17. H. up to this point in the Meeting. The Motion was seconded by Deputy Mayor Delnicki; and approved, unanimously.
17. New Business
H. Resolution for the Sale of Union School to the South Windsor Historical Society as Previously Authorized by Town Council Resolution Passed September 5, 2006
WHEREAS, the Town Council of the Town of South Windsor have been looking at various options for the sale of Union School that would best fit the needs of the community; and
WHEREAS, the South Windsor Historical Society has come forward to purchase the school so as to retain its historical value, while at the same time, putting together a plan that would be the best effective use for the building; and
WHEREAS, the Town Council of the Town of South Windsor hereby approves the sale on the following conditions: That the Historical Society will pay one dollar to the Town of South Windsor for the purchase, and the purchase be conditioned on a deed restriction that after five years if nothing is accomplished with the building, it will be given back to the Town of South Windsor and that the Historical Society will make sure that Wood Memorial Library will be able to use the Union School site for parking for their events, as the cooperation between the three agencies is vitally needed in order to maintain the cultural arts at Wood Memorial Library
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor, hereby authorizes Town Manager Matthew B. Galligan and the Town Attorney, Duncan J. Forsyth, of Halloran & Sage LLP, to execute a contract with the Historical Society with terms previously conditioned in this Resolution.
Was made by: Councillor Pelkey
Seconded by: Mayor Streeter
Councillor McCann questioned whether it might be prudent to include in this Resolution a provision that would give the Town of South Windsor an option to purchase the building back if the building or any of the associated land is proposed to be sold to an unrelated third party. He felt this should be addressed in the contract, itself. Mr. Galligan said that this could be included in the contract; and Atty. Forsyth agreed.
Councilor Yagaloff said he had two questions regarding the nature of this Resolution. Specifically, he asked if the “Historical Society” has the appropriate structure to take ownership of this property—i.e., provide the insurance; to have the funding to do the necessary work; etc. Mr. Galligan responded that the Society did provide a “business plan” to the Town Council some time ago giving a 10-year projection of where the revenues would be, and what they planned on doing with the building.
At that time, according to the Town Manager, they did assure him they would be providing their own insurance. Those documents, he said, would have to be given to the Town to make certain of this. The Society has been working on the building sporadically, and conducting various fund-raisers. The deed, too, would include a “deed reverter clause” to assure that if, at anytime, these things are not covered, then the building would be reverting back to the Town.
Another question Councillor Yagaloff had was with regard to the wording in the third paragraph of the Resolution, “if nothing is accomplished.” He asked if the deed restriction was going to be “something more specific;” i.e., “if reasonable progress has not been made” in terms of the plans or projections. According to the Town Manager, the deed restriction would be “spelled out” in the contract; and the matters being discussed here would be reviewed by the Town Attorney.
ITEM:
17. H. (Continued)
Councilor Moriarty said he was for the Resolution 100%; however, had a problem with some of the wording in the third paragraph. He added that when first reading it, he felt this paragraph inferred that not until (and if) the building were given back to the Town would Wood Memorial Library be assured of parking privileges. He wanted it made clear that the parking privileges are assured from the date of the sale by the Town to the Historical Society.
Councillor Pelkey felt that this evening was a “historical” night….that putting forth an opportunity for South Windsor’s Historical Society to capture, on a large scale, the “essence of the history of our Town.” He said he was looking forward to the first public meetings held in this building’s “great room;” and in participating in some of the anticipated fund raising activities for the restoration of the building. The Councillor, too, agreed with the minor problems that have been voiced this evening regarding the wording of the Resolution. He felt it would be prudent to clear up the language this evening.
Councillor Havens congratulated the Historical Society on their “fortitude and work” on this acquisition. He also congratulated the Society on the events of “Heritage Day.” He predicted that it could grow, and become as important to the community each year as the Wapping Fair. He said he could see no reason why the Town could not support this event each year as it has done for other events. He said he would be supporting the Resolution; and wished the Historical Society luck with this project.
Mayor Streeter then took time to recognize the efforts of the Union School Committee, both the present one and those who worked toward this end in the past.
At this juncture, and in answer to the call for more definitive wording in the Resolution with regard to the “parking” issue, Town Attorney Duncan Forsyth suggested that a simple “semi-colon” added on the 6th line following the words “…..….it will be given back to the Town of South Windsor(;) and that the Historical Society ……..” would provide that assurance.
Mayor Streeter asked if anyone else wished to speak to this issue before Council’s vote. Coming forward was the Historical Society’s President, Brian Rivard, 1042 Foster Street Extension. Mr. Rivard began by thanking this Town Council, the previous Town Council, the Town Manager, and the Town staff. He clarified some questions raised this evening:
ITEM:
17. H. (Continued)
The Historical Society “wants to work with Wood Memorial Library to create a campus on Main Street that will become a tourist destination for people in this Town, along with our District #5 Schoolhouse on Ellington Road.” In answer to the question did they have the money—“No;” would they get the money—“we’ll find a way, one way or another.” He wanted those listening to know that “a number of trades-people in this Town have come to us and said ‘We will help you.’ “ He then enumerated those arduous tasks on the building that have already been accomplished.
Councillor McCann asked if the sale included the field behind the school itself; and, if so, is the Town going to take down the very unattractive signs currently at the end of the parking lot regarding the use of that field. Mr. Galligan replied that it does include the field; and, anything related to the Town (i.e. signage) would have to be taken down.
Mayor Streeter then called for a vote on the Motion. It was approved, unanimously.
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 September 18, 2006; Regular Meeting of September 18, 2006; and Work Session of October 3, 2006.
Was made by: Councillor McCann
Seconded by: Deputy Mayor Delnicki
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Mr. Galligan addressed the following items:
1) Flu shots – In most instances, covered by insurance.
ITEM:
10. Communications and Reports from Town Manager (Continued)
2) FBI Law Enforcement Bulletin – Recognized South Windsor’s “patch” on its cover in a recent issue
3) Letters Received from OPM – Regarding the $250,000 Grant recently received by the Town of South Windsor. Touched on earlier by Rep. William Aman.
4) Referring to the Work Session of November 20, 2006, Mr. Galligan said that Lyle Wray, of CRCOG, has reported that there is a panel gathering to approach the State Legislature to persuade it, once and for all, to fund the school budget the way it has always been proposed across the State of Connecticut. This panel, he said, is seriously looking to seek property tax relief by having education funded by a different income stream; or coming up to the table with a 50%/50% match of ECS Funding. They wish to come before Council to inform it of what it is doing.
5) Contract for the “Tower-Ladder Truck” for the Volunteer Fire Department has been signed and sent out. Sometime in January or February there will be a Resolution for Council’s approval of financing by the Bank of America for that vehicle.
6) Public Building Commission – Moving forward with signing a contract with the chosen Construction Manager. CIRMA report regarding insurance coverages should be received shortly.
7) Avery Heights residents had a meeting recently to decide whether they would remain customers of the Avery Heights Water Association or move on to become water customers of e Connecticut Water Company. The result of that vote, Mr. Galligan reported, was to go to Connecticut Water Company as of that evening. Once all the votes have been fully counted and, unless that number changes, Avery Heights Water Association will be taken over by the Connecticut Water Company.
8) Referring to a pond in the area used by the Town for some of its drainage; and an Easement for locating a Pump Station for the Town’s sewers—all located within the Avery Heights Water Association parameters—as part of the settlement, the Association is asking the Town to take those areas as “open space.” Presently, Town crews are in the area making certain there are no underground fuel tanks, etc.; and taking a close look at possible liability issues.
ITEM:
10. Communications and Reports from Town Manager (Continued)
9) The Town Manager asked for an Executive Session with the Town Council to discuss an issue with I-291.
10) A GIS Coordinator has been hired; and she began her duties today. Her name is Dawn Mulholland; and she is from Newport, Rhode Island.
Deputy Mayor Delnicki said he was expecting Tax Assessor Charlie Danna to be present this evening to review the tax programs with the Town Council; and asked what had happened. Mr. Galligan said that Mr. Danna was on vacation this week; and was now scheduled to appear before Council at its November 6th meeting (if Council meets the eve before election); however, if not, then he is to appear at the November 20th meeting.
Councillor Yagaloff asked Mr. Galligan if the Town could incur any liability because it gave the Avery Heights Water Association advice. Example: “What happens if the problem is not with the well but, rather, with the pipes.” The Councillor asked “Do we have a waiver from them? What’s our potential liability?”
Mr. Galligan replied that “we gave them two pieces of advice—one, the Town has no obligation or anything to do with local water companies; and the only thing they could do is go back to their Association and make a determination as to whether they want to stay with their own, or look for other options. We also advised that they could hire an individual who would be knowledgeable of the whole process; and that’s what they did—they hired an attorney.”
Councillor Yagaloff asked the Town Manager for updates that had previously been promised on: (1) Lawrence Road Park (what plans or progress has been made by the Recreation Department): (2) the lawsuit that is pending regarding the application of herbicides at Lawrence Road Park; (3) the issue regarding the Ellsworth School gymnasium (the unresolved safety issue); and (4) a statement from the Town Attorney regarding “billing.”
Mr. Galligan said that he had recently spoken with Ray Favreau (Dr. of Recreation) regarding Lawrence Road Park. Mr. Favreau reported that the Park and Recreation Commission has hired Vollmer Associates, of Hamden, Ct., to look into the situation and provide a report. That report, he added, should be completed shortly.
As far as the Town Attorney “billing,” Mr. Galligan said he has asked Director of Finance Melanie Crucitti for an update on that issue; and that, too, should be forthcoming shortly.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councillor Pelkey, referring to the $250,000 Grant for athletic fields at the Rye Street Park, asked the Town Manager what would now happen to locating the Wapping Fair. Was that piece of property where the Fair was generally located now going to be used for these athletic fields; and are we going to move forward with “relocating” the Fair.
Mr. Galligan said he had called Mr. Paul Petrillo about relocating the Fair; and had suggested the site recommended by staff—on Barber Hill Road.` He said that he had to sit with the Wapping Fair Committee to see what kind of money they had for this move—he did not feel that the possible $80,000 involved in such a move was a part of the $250,000 Grant.
Another comment Councillor Pelkey had was with regard to the Avery Heights Water situation. He reiterated the statement he had made the evening the residents attended the Town Council meeting with regard to the “age” of the pipes in the road in that area; and Avery Heights “lack of having a capital project to deal with that”. He was of the opinion that, even though there may be “a little sticker shock” with Connecticut Water Company’s water rates, there would have been a bigger sticker shock when those pipes in the road had to be replaced.
It was generally assumed and agreed that whatever expenses incurred by Connecticut Water Company in taking over the property and appurtenances associated with the previous owner (Avery Heights Water Assoc.), would financially affect all of Connecticut Water Company’s customers.
Councillor Fine reminded the Councillors that when hiring Halloran & Sage as the Town Attorney it was agreed to by the Law Firm that periodic reviews of where the Town was on various “cases” would be provided to the Town Council. To date, she said, she was not aware of any review being submitted by Halloran & Sage. She felt it was important to return to this practice “sooner rather than later.”
Mayor Streeter asked the Town Manager if the question regarding the court status associated with the spreading of herbicides at Lawrence Park had ever been answered. Mr. Galligan said that Atty. Penney was handling that; and he would have to have that attorney come before Council to update them.
Referring to Lyle Wray and his scheduled appearance before Council on November 20th, Mayor Streeter asked that, when this occurs, Mr. Wray address the issue of “property tax reform or relief; and what is going to happen to the State Income Tax.”
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mayor Streeter, using this Item to address Town Attorney Duncan Forsyth, asked Atty. Forsyth for a brief synopsis, for the listing public, of his written opinion to Council regarding permissible contacts of a pending Referendum.
Atty. Forsyth stated that Halloran & Sage had been contacted by the Town Manager, on October 5, 2006, asking the firm to provide guidance to the Town Council with regard to safe parameters associated with the distribution of explanatory information to the public on an upcoming Referendum Question. Atty. Richard Roberts, of Halloran & Sage, had responded. He said that, pursuant to State Statute the Town is required to put together a “concise factual text” which has to be passed-on by the Town Attorney.
Continuing, Atty. Forsyth explained that the Councillors, as individuals dealing with Referendum Questions in their capacity as public officials, and using public funds—up to and including the use of public facilities and such things as “camera or recording systems,” should not make any statement either “in favor” or “against” an item on the ballot for Referendum.
Atty. Forsyth, expanded on this by advising Council that “when you are here,” and comments are made by the public speaking to the Referendum Question during a public session, Councillors should not get into a debate or discussion with regard to those individuals because there was always the chance they could “step over the line” and advocate something one way or another which could result in a technical violation.
However, the Town Attorney further advised that what the Councillors did on their own time and with their own funds was certainly their business; and they should feel free to advocate either side of any position of a Referendum Question on their own time.
Mayor Streeter suggested that there is a chance the Council could authorize the preparation and printing of materials concerning Referendum Questions so long as the wording was appropriate. And, Atty Forsyth added, as long as the Town Attorney reviewed and approved the material and its wording.
Councilor McCann wished the public to know of these restrictions on the Town Council, and the fact that the Councillor’s silence on Referendum Questions was because of the restrictions placed on elected officials by the State’s Election Enforcement Commission.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councilor Pelkey asked the Town Manager when the Town was last cited for a violation of this nature. Mr. Galligan responded that it had been cited three (3) times over the years—the last, he ventured, with the brochure that went out regarding the expansion of the Timothy Edwards Middle School. The Councillor wished to make the point of the “fine line” that exists between what the facts are and what the needs are.
To Councillor Pelkey’s question regarding being approached by a citizen (i.e., at the polls on Election Day) and asked his opinion of the Question, Atty. Forsyth advised that the best approach would be for the Councillor to preface his comments by informing the voter “I’m giving you my opinion as a citizen—and as a citizen, only.” The Town Attorney expanded on that opinion by advising that any comments made by a Councillor “outside of this building” be prefaced by that remark.
Mayor Streeter took exception to this advice. He felt that, if he was outside of the Council Chambers, and was not spending any public funds to get his opinion across to the public, he could give his own opinion, as a citizen, on the Referendum Question on the ballot.
Councillor Yagaloff pointed out that he had felt for some time that the State Statute and the requirements of the State’s Elections Enforcement Commission were about the “use of funds.” He asked Atty. Forsyth if—“I went outside of this room, used my own resources, printed my own flyer, wrote his own Letter to the Editor;” and wanted to say he was a Town Councillor in an effort to gain added respect for his opinion, was that wrong? Atty. Forsyth replied that it was not; and the Councillor could do that since he was not advocating a position on behalf of the Town Council.
Deputy Mayor Delnicki offered that a Councillor could point out that a “road is 50 years old; and the last time it had been repaired was 30 years prior,” and those would all be fair statements. The Deputy Mayor then asked the Town Manager if the Council has funded “Explanatory Text” to go out to the voters. Mr. Galligan replied that it had; however, it is never the “Explanatory Text” that is the problem but, rather, the brochure that is always the problem.
The Deputy Mayor then asked Atty. Forsyth if a brochure were to be sent out could it include factual statements pertaining to the “age of items and the last time they had been repaired”? Atty. Forsyth responded “Yes.”
ITEM:
10. Communications and Reports from Town Manager (Continued)
Deputy Mayor Delnicki, addressing the Mayor, said that if it were the consensus of the Council to do so, he felt it was important that a brochure go out to the public before the election, stating the facts only; and providing the public with a modicum of knowledge on what the Referendum Question was for.
Mayor Streeter asked how the Councillors felt about having a Special Meeting to discuss a possible mailing of the Explanatory Text to the public. Councillor Havens felt it was a good idea because he was of the opinion that, if more information did not go out to the voting public, the Question would most assuredly fail. He did, however, question the possibility of getting it out on time since it was only three weeks until the election.
Councillor Moriarty agreed with Councillor Havens’ sentiments—particularly in light of the fact that the new voting machines would be used for the first time. He explained that, with these new machines, if there is any vote not cast on the written ballot, the ballot is returned to the voter a second time reminding the voter that he or she had missed the vote. It was the Councillor’s opinion that, not understanding the Question because of lack of information, only added to the confusion.
Councilor Pelkey said he would not be in favor of a Special Meeting because of the lateness of the mailing, He also reminded Council that those casting “Absentee Votes” would not have the same information as the regular voters would have.
Councillor McCann stated that anytime there is a Referendum Question it is incumbent upon the Town Council to provide as much factual information as possible ahead of time to the public. He felt that, in the past, the Town has over-reacted to the opposition to providing factual information to the public ahead of time.
Councillor Yagaloff, agreeing with Councillor McCann’s sentiments, added that he also felt that three weeks before the election was too short a time to sit down and put together something that is “fair and balanced for everybody.” And, to date, he said he has seen nothing from the Members of the Town Council exercising their individual rights to express their opinion on the Referendum Question.
Mayor Streeter that the Council had five Members who were for going forward and, therefore, there was a consensus. He said he would be scheduling a Special Meeting for next Monday evening (10/23) during which this issue could be discussed further.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councillor McCann then brought up the subject of increasing the number of Justices of the Peace in South Windsor. He felt there was no “down-side” to having more Justices of the Peace—it doesn’t cost the Town anything; it doesn’t expose the Town to any liability he was aware of; and they are not compensated by the Town of South Windsor He then asked the Town Attorney what process was required in order to expand the number of Justices of the Peace in South Windsor. Atty. Forsyth said he would look into this, and respond to the Town Council.
11. Reports from Standing Committees - None
12. Reports from Temporary Committees - None
13. Communications and Petitions from Council
Councillor Fine asked what the status was of the “Citizens Satisfaction Survey”. Deputy Mayor Delnicki responded that, at Council’s last meeting, Michele Lipe (Asst. Town Planner) had given an update pertaining to that. Currently, he added, Ms. Lipe is working on compiling the actual report so that the Committee can review the report prior to publishing.
Councillor Pelkey asked how many Questionnaires were received back from the citizens. The Deputy Mayor responded “about 29%, or about 6,000+/-.
Mayor Streeter paid tribute to the success of “Heritage Day;” and said he was fortunate enough to be at the “groundbreaking” of the expansion to Wood Memorial Library on Saturday, October 14, also commemorating its 35th year as the “Friends of Wood Memorial Library, Inc.;” and the 80th year since the Library was built.
Deputy Mayor Delnicki said he had the pleasure of standing-in for the Mayor for the Grand Opening and Ribbon-Cutting at ECHN, on Buckland and Deming Roads. He added that it was an extremely impressive facility, offering “one stop shopping” on a variety of medical issues. He also reminded those listening that Saturday, October 28th, the Town would be celebrating “Family Awareness Day.” He elaborated on the indoor and outdoor activities associated with this event.
Councillor McCann, addressing the Town Manager, said he wanted the public to be aware of the fact that the Council is continuing to make some progress in deploying the defibrillators in the schools and the other public buildings in Town. He then asked Mr. Galligan for a report on this as soon as possible.
ITEM
14. Public Participation - None
15. Consent Agenda
Motion to approve Agenda Items 17. A., B., and C. as the Consent Agenda.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
16. Unfinished Business - None
17. New Business
17. New Business
*A. Resolution Appointing Louise Neary (D) an Alternate to the Economic Development Commission, and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council appoints Louise Neary an Alternate to the Economic Development Commission to fill an unexpired term ending November 30, 2007, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting
(APPROVED BY CONSENT AGENDA)
*B. Resolution Reappointing Peter Anthony, Sr., (D) a Member of the Patriotic Commission, and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council reappoints Peter Anthony, Sr. a Member of the Patriotic Commission for a term ending August 31, 2009, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business (Continued)
*C. Resolution Reappointing James H. Throwe (D) to the Patriotic Commission, and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council reappoints James H. Throwe to the Patriotic Commission for a term ending August 31, 2009, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
D. Discussion Item – Safety in Schools (Cmdr. Matthew Reed to report)
Commander Reed began his report by informing Council that he had a prepared statement synopsizing cooperative efforts between the South Windsor Police Department and the South Windsor school system..” (A copy of his statement is attached as Exhibit A.)
Following his statement, Commander Reed said he would address any questions the Council would have regarding the Police Department’s “current relationship with the School Board” regarding efforts made to enhance school security.
Councillor Havens said he had no questions for the Commander, but thanked him for his appearance this evening; and for the information and assurances for parents in our Town that he imparted to the listening public regarding what was being done to secure our schools and the safety of our children.
Councillor Yagaloff said that his daughter, a student at Philip R. Smith School, said that she and her fellow students were immediately aware of the presence of a Police Officer the first time the Officer went through the school. The Councillor---voicing, as he said, our worst nightmare-- then asked Commander Reed who would be in charge should someone come into one of our schools to harm our children—would it be the Police Department, or the School Superintendent, or who?
Commander Reed responded that the Police Department would be in charge as the “emergency responders” to that scene.” However, he asked the Council to understand that there are different levels of preparedness. The school, he said,
ITEM:
17. D. (Continued)
has a very definite plan as to what they will do in the event that that type of emergency (and several other types of emergency) occurs. Once the Police arrive on the scene, he added, it becomes the responsibility of the Police to contain and secure the premises around the school; and then to immediately assess what exactly is happening in the school—i.e., is it a hostage situation; is it an active situation where shots are being fired, or some other violence is occurring.
Commander Reed explained that the “training doctrine” in the Police world shifted dramatically after “Columbine” (referring to tragic events at Columbine High School in Columbine, Colorado). And he assured those listening that South Windsor’s Police Department would be in charge and does have the resources to carry out the now revised plan.
Councillor Moriarty said he felt all the Town’s emergency services did a fantastic job with responding to and preventing people from getting into the schools. He wanted to go on record as directing his concerns, to the Board of Education, about children “getting out of the school.”
Deputy Mayor Delnicki asked Commander Reed if there is a value to the citizens of South Windsor, when considering the fact of school safety, under the scenarios discussed, to having emergency personnel part of various regional emergency response teams. Commdr. Reed responded “absolutely.” He gave the example of Officers participating in training associated with the CREST Team (Capital Region Emergency Services Team - a regional special weapons and tactics team). According to Commander Reed, their participation provides the residents of South Windsor with advanced training for many of South Windsor’s Police Officers that the Town “would never be able to afford.”
Mayor Streeter then thanked Commander Reed for his presence this evening; and for the report he presented.
E. Resolution Authorizing the Town Manager to Enter Into a Mutual Assistance Agreement with the Town of Manchester for the Designation of Fire Marshals
WHEREAS, the Town of South Windsor and the Town of Manchester believe that mutual assistance in the sharing of the expertise and services of their respective Fire Marshals and/or Deputy Fire Marshals is in the best interests of each town; and
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
WHEREAS, the Town of South Windsor and Town of Manchester is each willing to designate its Fire Marshal and/or Deputy Fire Marshal to act as a “Deputy Fire Marshal” in the other town; and
WHEREAS, an agreement between the Town of South Windsor and the Town of Manchester providing for the services and expertise of the Fire Marshal and/or Deputy Fire Marshal of the other town has been drafter; and
WHEREAS, Section 7-148cc of the Connecticut General Statutes requires that any agreement related to the joint performance of municipal functions be approved in the same manner as an Ordinance; and
WHEREAS, Section 29-297(a) of the Connecticut General Statutes requires the appointment of a Deputy Fire Marshal to be made by the legislative body
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby:
1. Authorizes the Town Manager to execute an agreement with the Town of Manchester, providing for mutual assistance by the two municipalities, of services and expertise of their respective Fire Marshals and/or Deputy Fire Marshals in a form satisfactory to the Town Attorney.
2. Upon the execution of said agreement, appoints the Fire Marshal and Deputy Fire Marshal of the Town of Manchester as Deputy Fire Marshals of the Town of South Windsor subject to the terms of the Mutual Assistance Agreement executed by the Town Manager.
Was made by: Councillor Moriarty
Seconded by: Councillor Pelkey
The Motion was approved 8 Ayes to 1 Nay, on a Roll Call vote, the dissenting vote being cast by Councillor Yagaloff.
ITEM:
17. New Business (Continued)
F. Resolution Authorizing the Sale of a Fire Engine by the Town Manager through Invitation to Bid
WHEREAS, the Volunteer Fire Department has replaced a 1972 Ward LaFrance Pumper; and
WHEREAS, it has been determined that this equipment is no longer appropriate for use by the South Windsor Volunteer Fire Department
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor hereby authorizes Town Manager Matthew B. Galligan to sell such equipment for the highest price possible.
Was made by: Deputy Mayor Delnicki
Seconded by: Councillor McCann
The Motion was: Approved, unanimously
G. Resolution Authorizing the Town Manager to Enter into a Lease Arrangement on Behalf of the Town of South Windsor for Additional Space for Town Hall with Kerin & Kerin LLC for Property Known as 1530 Sullivan Avenue (Formerly Known as the United States Post Office Building)
WHEREAS, the Town Council formed a Space Committee in 2001 to look at the various capital infrastructures that were needed in order to meet the needs of the community; and
WHEREAS, the Space Committee has been working feverishly to determine the expansion of Town Hall, as well as other projects, and is looking for the best economical and efficient way of managing its business; and
WHEREAS, the Space Committee, after numerous meetings, has determined that the Town should lease the former Post Office (also known as 1530 Sullivan Avenue, South Windsor) for the next couple of years with an option to purchase; and
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ITEM:
17. G. (Continued)
WHEREAS, it is the Space Committee’s recommendation that the lease provide for the following issues:
· The lease should be for a period of ten years and five months, upon commencement of a lease agreement;
· The five months following the lease signing will be five months of free rent;
· The rental rate will be fifteen dollars per square foot and a proposed base rent shall increase fifty cents annually and its triple net exclusive of all expenses and including but not limited to utilities, operating expenses, real estate taxes, building and site maintenance, and tenant janitorial;
· The tenant (i.e., South Windsor) will pay all operating expenses, and building and site maintenance as well;
· The landlord shall provide improvement allowance equal to thirty dollars per rentable square foot to be used towards tenant and base program improvements and architecture and engineering services;
· The landlord will consider amortizing additional improvements over the term of the lease at an interest rate of 8%;
· The tenant (i.e., South Windsor) shall have the right to extend the lease by one five year period, but no less than nine months and no more than fifteen months written notice at a rate equal to fair market rental rate at the time of the notice;
· As the tenant, the Town of South Windsor shall be permitted to install building standard signage, an exterior building directory signage to be installed in front of the building, subject to local zoning approval and prior approval from the landlord, which shall not be unreasonably withheld; and
· As the tenant, if the Town of South Windsor would like to purchase the building they may do so in the third year of the lease in which notice shall be given to the landlord one hundred and eighty days in advance from the end of the third year of the initial lease term. Such purchase price is now established at $1,475,000
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ITEM:
17. G. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor, hereby authorizes Town Manager Matthew B. Galligan and the Town Attorney, Duncan J. Forsyth, of Halloran & Sage LLP, to enter into lease and appropriate contracts with Kerin & Kerin LLC for the lease and possible option to purchase the former Post Office building at 1530 Sullivan Avenue, South Windsor, in order to mitigate Town Hall space needs/problems based upon lease terms as outlined in this Resolution.
Was made by: Councillor Havens
Seconded by: Mayor Streeter
After a lengthy discussion, a Motion to Table was made by Councillor McCann, duly seconded; and approved 5 Ayes to 4 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 Pelkey Yes
Councillor Prague Yes
Councillor Yagaloff No
Mayor Streeter No
The Motion was tabled.
H. Resolution for the Sale of Union School to the South Windsor Historical Society as Previously Authorized by Town Council Resolution Passed September 5, 2006
(Discussed and acted upon earlier in the Meeting.)
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
20. Communications and Reports from Town Manager (Continued)
ITEM:
21. Executive Session
At 10:40 p.., Deputy Mayor Delnicki moved to go into Executive Session to discuss “Development projects in I-291. The Motion was duly seconded. Councillor Pelkey then moved to amend the Motion by adding “and to discuss terms of negotiations regarding the lease of the old Post Office. The Motion was again seconded, and approved, unanimously.
22. Motion to Adjourn
A Motion to adjourn was made immediately following the close of the Executive Session; was duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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