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Town Council Regular Meeting 4/2/2007
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  April 2, 2007

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

1.      Call Meeting to Order

Mayor Streeter called the meeting to order at 8:02 p.m.

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

5.      Public Input - None

        Mr. Michael Derewianka of 16 Maple Street came before the Town Council to discuss the contamination of his well, (Exhibit B).  Mr. Derewianka voiced his concern that the source of the contamination to his well is from the salt that is used for the road in the winter months.  Council Members had various questions which were answered by Mr. Derewianka.  Town Manager Matthew Galligan explained that testing is being performed on the water and there will an update brought to the Town Council at the next regular meeting.

Mr. Donald Gonsalves of 40 Bayberry Trail asked if there would be a Saturday meeting for the public regarding the budget?  Mayor Streeter explained that a date will be set soon.  

Mr. Donald Gonsalves then asked about a sub-committee that was formed on public participation, he would like an estimate when the sub-committee will be coming up with a presentation?  Mayor Streeter stated that item will be brought up under Report of Temporary Committees.


ITEM:

6.      Environmental Health & Safety Message - None

7.      Adoption of Minutes of Previous Meetings - None

8.      Public Petitions - None

9.      Communications from Officers and Boards Directly Responsible to Council

        None

10.     Communications and Reports from Town Manager

        Town Manager Galligan discussed the following items:

1.      CRCOG has approved the funding for the reconstruction of a portion of Avery Street.  The project will not be done until 2011 or 2012.

2.      Since the resolution that passed at the March 5, 2007 meeting regarding the Registrars, there has been a lot of concern on what the Registrars are required to do about keeping track of their time worked.  Mr. Galligan explained that he has investigated this issue and has found that the Registrars are in charge of keeping track of their own hours worked.  They can keep track by filling out a time card or by keeping a personal log on the time spent in town hall and time spent at their homes.  The Town Council can ask the Registrars at any time to see their records of hours worked.

3.      Requesting that the Town Council set up a sub-committee to discuss alternate locations that the Wapping Fair could be held.

4.      The Connect/City CTY (311) to be discussed at a future meeting.

Mayor Streeter stated that he has met with both Registrars as per Councillor Yagaloff’s recommendation.  The Town Council will need to revisit this issue in order to change some wording in the Resolution.  This has been discussed with the Secretary of the State who offered to look at the Resolution and also the Resolution has been sent to the Town Attorney for his review.  



ITEM:

10.     Communications and Reports from Town Manager (continued)

Councillor Havens asked if the Jaycees want to have the fair?  Mr. Galligan responded that they do want to have the fair but Barber Hill Road is a costly place to hold the fair.  The Town will need to look at different locations and would like to get input from the Town Council.  Once the ball fields are done at Rye Street there can no longer be fairs held there because the traffic will ruin the fields.  If the fields are not done, the fair could be held at Rye Street and then the fields could be worked on after.  A sub committee was established consisting of Mayor Street, Councillor Havens and Councillor Prague to discuss the location for the Wapping Fair.

Deputy Mayor Delnicki informed the Council that CRCOG is presently working on a Reverse 911 proposal for any towns that have designated their homeland security monies to be administered by CRCOG.  Deputy Mayor Delnicki said he was led to believe that this connection would be at little to no cost because the town has designated our community to send the funds to CRCOG to administer.  Mr. Galligan explained that the problem with 911 is if there are two to three communities that have an issue, they will be stacked up and the band width is not as good.  Scott Roberts can be available to discuss this issue in more depth at a future meeting.  Deputy Mayor Delnicki stated that he would like the Town Council to look at this closely because the Reverse 911 will save the town money.

Councillor Yagaloff stated that he felt this winter the roads were not as safe as they were in previous years and would like it determined if there is a benefit from eliminating sand from the mixture put on the roads during and after a snow storm.  He then stated that as a business owner in town he has noticed that the salt leaves a residue throughout the building and would need to have the carpets cleaned.  He also brought up the issue of the salt being corrosive to cars.

11.     Reports from Standing Committees

        Mayor Streeter informed the Town Council that the Space Needs Committee has met and discussed the acquisition of the former Post Office.  The Committee will be working with Architects and bringing finalized plans to the Town Council.



ITEM:

12.     Reports from Temporary Committees

Councillor McCann stated that the sub committee which consists of Councillor Havens, Prague and himself have met and reviewed the Council rules concerning communications from the public and has also discussed the manner in which issues that arise should be address.  It is anticipated that a report will be submitted to the Town Council by the first meeting in May.

13.     Communications and Petitions from Council

        Councillor Pelkey informed the Town Council that on March 24, 2007 kids from Timothy Edwards Middle School participated in the Science Olympiad at the University of Connecticut and are the State Champions.  Having won that they have been invited to attend the National Tournament on May 17-19 at Wichita State University in Kansas.  There are eighteen children that are on the team.

        Ms. Ellen Moran came before the Town Council and stated that these children have been meeting after school since October and they are from 6th to 8th grade.  The High School team came in second.  We would like to go to the National Championship we are in the process of raising money.  At a minimum $10,000 will be necessary, but it would be better if $15,000 were raised.  Gerber Scientific has offered a $5,000 matching grant and so far we have raised $2,300. through selling flowers at the Entertainers Play at the Middle School.  Councillor Pelkey added that checks can be made out to TE Middle School/Science Olympiad and donations can be sent to Kristin Heckt at the Middle School.

        Councillor Prague announced that maps will be available, free of charge to residents, in a couple weeks.  The maps contain streets, rivers, parks, schools, recreation areas, the Police Department and the Fire Department.

Councillor McCann, Council Liaison for the Board of Education reported that the Board of Education would like to thank the Town Council for reallocating the unencumbered surplus from the 2005/2006 Board of Education budget back to the Board of Education which they intend to use to pre-pay for the purchase of text books.  The  Steering Committee on Elementary Schools Space needs continue to meet each Wednesday.  The Committee meets with an outside consultant to review the space needs for the elementary schools in town.  A recommendation will be presented to the Board of Education on April 24, 2007 and then the Board of Education will present to the Town Council.  


ITEM:

13.     Communications and Petitions from Council (continued)

Mayor Streeter wanted the Town Council to know that he attended ceremonies for two individuals receiving their Eagle Scout award.  He congratulated Timothy Wilkos and Alexander Pelan for a job well done.

14.     Public Participation - None

15.     Consent Agenda - None

16.     Unfinished Business

A.      Discussion regarding a proposed “Ordinance Prohibiting Tractor-Trailer Traffic on portions of Troy Road in the Town of South Windsor”

Deputy Mayor Delnicki reviewed the proposed ordinance prohibiting tractor-trailer traffic on portions of Troy Road.  Deputy Mayor Delnicki feels this is a pro-active step to protect the integrity of the neighborhood.

Councillor Yagaloff stated that the problem with spot regulations is it can create unintended consequences for other neighborhoods.  He feels it is better to have a general ordinance saying “businesses operating in South Windsor will prioritize their routes such that they do not go through neighborhoods”.  Town Manager Matthew Galligan stated that this issue had been brought up to State Representatives.  All that needs to be passed is a simple ordinance that says “no through traffic”.  The State Legislature needs to be involved.  The Town Attorney, Deputy Mayor Delnicki, Chief of Police and Lieutenant Bond will meet to discuss this ordinance.  Councillor Pelkey suggested that signs throughout town be provided to let trucks know the best truck route, but one problem that the town will run into is that signage can not be erected on State roads.  

17.     New Business

A.      Resolution Accepting the Resignation of Cynthia Iriondo (D) from the Human Relations Commission
(Councillor Havens)

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Cynthia Iriondo from the Human Relations Commission, said resignation to be effective immediately; and

ITEM:

17.     A.  (continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Ms. Iriondo for the time she has dedicated to servicing her community by her membership on the Human Relations Commission.

        Was made by Councillor Havens
        Seconded by Councillor Pelkey
        The motion was approved unanimously

B.      Resolution Approving the Transfer of $19,000 from the Recreation Special Revenue Fund Contingency to the Recreation Special Revenue Fund Facilities Account
(Councillor Moriarty)

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $19,000 from the Recreation Special Revenue  Fund Contingency Account to the Facilities Operating Materials Account in the Recreation Special Revenue Fund, to cover the costs associated with implementing a Before and After School Program at the elementary schools.

        Some Council Members voiced their concern about the transfer of this money when the Town has not met with daycare providers throughout town to discuss this program.

Deputy Mayor Delnicki made a motion to postpone this resolution until the April 16, 2007 Regular Meeting in order for the town to discuss this program with daycare providers throughout town; Counicllor Moriarty seconded the motion; and it was approved unanimously.

C.      Resolution Approving the Transfer of $2,500 from the Media Budget to the IT Budget
        (Councillor Pelkey)

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $2,500 from the Media Full-Time Salaries Account to the Information Technology Temporary Wages Account, to cover the cost of filming the Town Council meetings.

ITEM:

17.     C.  (continued)

        Was made by Councillor Pelkey
        Seconded by Councillor Yagaloff
        The motion was approved unanimously

D.      Resolution Authorizing the Town Manager to enter into a lease/purchase agreement with TD Banknorth for the financing of a Tower Ladder Truck and Related Equipment
                (Deputy Mayor Delnicki)

WHEREAS, at its Regular Meeting on March 5, 2007, the South Windsor Town Council approved the financing of a Tower Ladder Truck and related equipment with Banc of America Leasing & Capital, LLC, in an amount not to exceed $930,039; and

WHEREAS, since that time, it has been determined that it is in the best interest of the Town to finance said Tower Ladder Truck and related equipment with TD Banknorth; and

WHEREAS, the Town will save $58,600 over ten years by executing a lease/purchase agreement with TD Banknorth instead of Banc of America Leasing & Capital, LLC

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute a lease/purchase agreement with TD Banknorth for a sum not to exceed $930,039, for the financing of said Tower Ladder Truck and related equipment.

        Was made by Deputy Mayor Delnicki
        Seconded by Councillor Pelkey
        The motion was approved unanimously

ITEM:

17.     New Business (continued)

E.      Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on a Proposed “Ordinance Adopting and Enacting Regulations Governing the Restrictive Use of Fire Lane;”
                (Councillor Prague)

BE IT RESOLVED that the South Windsor Town Council sets Monday, April 16, 2007, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on said proposed Ordinance.

        Was made by Councillor Prague
        Seconded by Councillor Pelkey
        The motion was approved unanimously

        F.      Resolution Approving a Contract with American Tax Funding
                (Councillor Yagaloff)

WHEREAS, the Town wishes to sell and assign various delinquent municipal property tax liens to American Tax Funding of Jupiter, Florida, in accordance with the provisions of Section 12-195h of the Connecticut General Statutes; and

WHEREAS, the tax liens being sold will be $3,204,362.83 as noted on Exhibit B attached hereto

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Town Manager, with the assistance of the Town Attorney, to enter into a contract with American Tax Funding, LLC for the sale and assignment of delinquent municipal property tax liens in the amount of $3,204,362.83 or such amount as is outstanding on these properties at the time of contract.

ITEM:

17.     F.  (continued)

Council Members discussed the process that American Tax Funding goes through to collect on liens.  Deputy Mayor Delnicki stated that on June 7, 2004, the Town Council took two actions.  One was to authorize the Town Manager to go into an agreement and the other was a resolution approving tax agreement between the town and MASS-CONN Distributors.  Deputy Mayor Delnicki asked if they have violated the tax abatement that was given to them.  Matthew Galligan stated that he will have the Town Attorney review this situation.

Was made by Councillor Yagaloff
        Seconded by Mayor Streeter
        The motion was approved unanimously

G.      Resolution Approving the renaming of a portion of ”Abbe Road
Extension” to “Ryans Way”
(Mayor Streeter)

WHEREAS, the southern paved portion of Abbe Road Extension has been distinctively separate from its northerly section of same named road; and

WHEREAS, this separation has caused concerns with public safety and maintenance issues, and as recent residential development has caused the need for such concerns to be formally addressed; and

WHEREAS, the Town of South Windsor Police, Fire and Safety issues have been examined, and it has been determined that the renaming o the southerly portion of Abbe Road Extension is warranted at this time; and

WHEREAS, Former Police Chief William Ryan has been recognized as having provided the town with outstanding service as its Police Chief and the town has long hoped to show its appreciation in an appropriate manner

NOW, THEREFORE, BE IT RESOLVED that the section of road that begins at Sand Hill Road and ends approximately 900 feet north of the Andreis Trail intersection shall be renamed from “Abbe Road Extension” to “Ryans Way”.

        Was made by Councillor Havens
        Seconded by Mayor Streeter

ITEM:

17.     G.  (continued)

A brief discussion was held stating that the Resolution should be Amended to rename the road to be officially named “Chief Ryan Way”, but the sign will read “Ryan Way”.

        NOW, THEREFORE, BE IT RESOLVED that the section of road that begins at Sand Hill Road and ends approximately 900 feet north of the Andreis Trail intersection shall be renamed from “Abbe Road Extension” to “Chief Ryan Way”.

        Was made by Mayor Streeter
        Seconded by Deputy Mayor Delnicki
        The motion was approved unanimously

H.      Resolution Authorizing the Town Manager to allocate an amount up to $200,000 over the next eighteen months to assist with the cost of road improvements on Rye Street as an incentive program for Aldi Inc. (Connecticut)

WHEREAS, after carefully consideration by the South Windsor Town Council, a request for an extension of time to pay building permit fees as an incentive for Aldi Inc. (Connecticut) was determined inappropriate and/or unfeasible; and

WHEREAS, the South Windsor Town Council is supportive of this project as it will provide jobs, tax dollars and the reconstruction of Rye Street, which has been long overdue; and

WHEREAS, the South Windsor Town Council has come up with an alternative incentive plan that will benefit Aldi Inc. (Connecticut) and the Town of South Windsor; and

WHEREAS, the culvert on Rye Street has been planned to be reconstructed using town dollars within its Capital Improvement Budget for Road Maintenance

ITEM:

17.     H.  (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to allocate an amount up to $200,000 over the next two fiscal years or sooner, as he deems necessary as an incentive program for Aldi Inc. (Connecticut), which will have a positive economic impact on the community; and

BE IT FURTHER RESOLVED that the South Windsor Town Council welcomes Aldi Inc. (Connecticut) to the Town of South Windsor and are looking forward to a favorable and long term relationship.

Commission members discussed where the money would come from to support this Resolution.  The Town Manager stated that he would go through the budget and bring back options to the Town Council.  

Deputy Mayor Delnicki stated he would have a problem using tax payer’s money and felt that an Amendment to the Resolution should read as follows, “allocate up to $200,000 from local Capitol Improvement Fund (LoCip) over the next two years”.  The motion was seconded by Councillor Moriarty.

        Mayor Streeter called for a vote on the Amendment.  It was defeated, 4 Ayes to 4 Nays, on a Roll Call vote, as follows:

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

Mayor Streeter then called for a vote on the original Resolution.  The Resolution was approved, unanimously.


ITEM:

17.     New Business (continued)

I.      Resolution Approving a Refund of Property Taxes to Seven (7) South Windsor Taxpayers
(Councillor Havens)

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to Seven (7) South Windsor Residents, the total of said refunds being $14,355.96, and as more fully described on attached Exhibit A.

        Was made by Councillor McCann
        Seconded by Deputy Mayor Delnicki
        The motion was approved unanimously

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

At 10:13 p.m., Deputy Mayor Delnicki made a motion to adjourn; Councillor Pelkey seconded the motion; and it was Approved, unanimously.


Respectfully submitted,


                                        
Deborah W. Reid
Clerk of the Council



Attmts.  (Exhibits A and B)