TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 March 19, 2007
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Streeter called the meeting to order at 8:17 p.m.
4. 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
Immediately following Roll Call, Ms. Janice Favreau, Chairperson of the Human Relations Commission came before the Town Council and presented the winners of the poster and essay contest.
ITEM:
5. Public Input
Ms. Mary Etter, Director of the South Windsor Library informed the Town Council that there would be a Summer Job Fair being held at the South Windsor Library on March 23, 2007 from 10:00 a.m. to 2:00 p.m. The event is being sponsored by the South Windsor Library and Chamber of Commerce.
Ms. Fran Knipple, Democratic Registrar for the Town South Windsor explained to the Town Council that she had received a resolution letter regarding an item that she was never informed about prior to the meeting. In the resolution “Personality” was used and she feels that that was inappropriate. Ms. Knipple feels that the last paragraph of the resolution is a violation of the intent of the Connecticut State Statutes. She was also informed that of time cards would not longer be used in the Registrars Office. How will the Town Council be accountable for hours worked
ITEM:
5. Public Input – (continued)
and money employees get paid in the Registrars Office? The Town Council has a responsibility to the tax payers of this town and Registrars have a fiscal responsibility to the citizens of the town for the money spent in the office and the hours worked. Ms. Knipple requested that the resolution be rescinded and a proper worded resolution should be drafted to comply with the Connecticut State Statute.
Ms. Sue Larsen, Deputy Registrar of Voters reiterated what Ms. Knipple stated and also stated her reasoning for not being in agreement with the resolution that was passed.
Mayor Streeter explained that the resolution was meant to continue the status quo of what has been going on for the past twenty five years. Town Manager Matthew Galligan said he would check on the process of the time cards.
Attorney Kathy Hale, 54 Orchard Hill Drive came before the Town Council and explained that at the request of Fran Knipple, she had sent a letter to the Secretary of the State who has jurisdiction over the Registrars Office. Attorney Hale read the response of the Secretary of the State, (Attachment A), and then strongly advised reconsideration of the resolution. Attorney Hale then voiced that she is in favor of the clean energy resolution.
Mr. Jay Knipple, 52 High Tower Drive came before the Town Council and questioned since the Registrars are paid on an hourly rate, and it is stated that the Registrars work 1,200 to 1,500 hour per year, how does the town keep track of their time that is worked. As a tax payer I would like to be assured of the hours worked in the Registrars Office.
The following individuals spoke in favor of the Resolution for Clean Energy:
Mr. Hal Reed, 144 Orchard Hill Drive
A motion to extend the time limit of 20 minutes was approved unanimously.
List of individuals speaking in favor of the Resolution for Clean Energy was continued
Ms. Meredith DeMallie, 2 Joseph Lane
Ms. Ellen Castaldini, 311 Twin Circle Drive
Mr. Thomas Sessions, 217 Tumblebrook Drive
ITEM:
5. Public Input – (continued)
Ms. Liz Pendleton, 319 Hilton Drive came before the Town Council to speak in opposition of item 17. B “Resolution Approving the Spending of $100,004.66 of prior year encumbrances for purposes other than those originally intended. Surplus should be returned to General Government Fund where it came from originally. She also felt that the hours worked by the Registrars should be recorded somewhere in order to have accountability with the Town Council. Ms. Pendleton then read a letter on behalf of Mr. Daniel Jeski, 70 Mohegan Trail into the record, (Attachment B).
Mr. John Phillips, 200 McGrath Road came before the Town Council to discuss the proposed ordinance restricting tractor trailer truck traffic on Troy Road. There is a problem that already exists on Troy Road and would like to encourage passage of said ordinance in order to eliminate the creation of further safety issues. This ordinance should be worded in such a way that tractor trailer truck traffic would not take other side streets in this area as an alternate route.
Ms. Joan Segal, 23 Windshire Drive came before the Town Council to speak in favor of the resolution for clean energy.
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: Regular Meeting of February 20, 2007; Work Session of March 5, 2007; Public Hearing (2) of March 5, 2007; and Regular Meeting of March 5, 2007.
Was made by: Councillor Moriarty
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
ITEM:
10. Communications and reports from Town Manager
Town Staff has met with representatives from the Avery Heights. There are issues that are in need of resolution. A final report will be given to the Town Council of areas that may be of concern.
It has come to my attention from Charles Danna that a house is being built on a portion of Abbe Road Extension and it is his recommendation that the road where the house is being constructed be changed to Ryan’s Way.
Recently there has been a Bill (no. 1376) that was presented to the Connecticut Assembly. Under this Bill people who are MDC water customers would be charged for the sewer expansion.
Waste Management will be leaving Connecticut and Murphy Road Recycling Company will be taking over the contract with uninterrupted service. The Town Attorney is reviewing the agreement.
Town Council Members have received a report on professional fees for Town Attorney fees.
The Registrar’s put a budget together which is adopted and then all purchase order are reviewed by Finance, the Town Manager, Department Heads and Judy Hall. The Registrars swipe their cards when coming into the office and leaving the office so their hours can be calculated when working at the Town Hall.
Councillor Delnicki stated that he will be recusing himself from the Bill no. 1376 issue because he is an employee of MDC.
Councillor Yagaloff stated that his concern is that when the auditors come through and there are salaried employees that were not submitting timecards, the auditor would flag that and say there is a problem here because you are paying people and they are not being accountable for their hourly rate. I think there should be some accountability for the amount of time someone is putting into their particular job. Town Manager Galligan stated that he would check into the time card situation.
Councillor McCann said he had reviewed the Fire Lane Ordinance and noted that there is no appeal process. Town Manager Galligan stated he would pass that on to the Town Attorney.
ITEM:
10. Communications and reports from Town Manager
Councillor Prague reported that the Town Council voted not to move money from the Contingency Account to cover three additional Strategic Planning Joint Sessions and noticed that the money has been taken out? Town Manager Galligan said he will make sure that the money is in the right place.
11. Reports from Standing Committees – None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Yagaloff requested that a legal opinion from the Town Attorney be sought regarding the Registrars resolution. Councillor Yagaloff also requested that the Town Manager report back to the Town Council regarding the process for time cards that the Registrars use. Councillor Moriarty felt accountability of hours should not be reviewed for an elected official’s position. Councillor Pelkey agreed with Councillor Moriarty and also felt that this issue should be reviewed by the Town Attorney.
Councillor Pelkey said that he attended the Human Relations Commission presentation at the South Windsor Library. The even was well attended.
Mayor Streeter felt that the Town Attorney should review the resolution for the Registrars. Mayor Streeter also stated that the Police Awards were very impressive and is proud to have such great employees. Mayor Streeter congratulated Lieutenant Bond and Sergeant Waterous on their promotions.
14. Public Participation
Mrs. Pat Botteron, Chairperson for the Open Space Task Force reviewed the Kilkenny Heights proposed open space with the Town Council and asked the Council to please endorse the request for open space within this subdivision. Discussions ensued regarding this request on open space and how access would be available to the open space. Mr. Roy Normen of 158 Homestead Drive stated he feels the Town Council should have more communications on this item prior to a decision being made on a resolution.
ITEM:
15. Consent Agenda
Motion to approve Agenda items 16 A, B, C, and D as the Consent Agenda.
Was made by Councillor Prague
Seconded by Deputy Mayor Delnicki
The motion was approved, unanimously
16. Unfinished Business
*A. Resolution Reappointing Robert “Joe” Mongeon (R) as an Alternate to the Board of Assessment Appeals
BE IT RESOLVED that the South Windsor Town Council reappoints Robert “Joe” Mongeon an Alternate to the Board of Assessment Appeals for a term ending November 30, 2010.
APPROVED BY CONSENT AGENDA
*B. Resolution Reappointing Walter Fitzpatrick (R ) a Member of the Historic District Commission
BE IT RESOLVED that the South Windsor Town Council reappoints Walter Fitzpatrick a Member of the Historic District Commission for a term ending November 30, 2011.
APPROVED BY CONSENT AGENDA
*C. Resolution Reappointing Peter Jennings (R ) an Alternate to the Historic District Commission
BE IT RESOLVED that the South Windsor Town Council reappoints Peter Jennings an Alternate to the Historic District Commission for a term ending November 30, 2011.
APPROVED BY CONSENT AGENDA
ITEM:
16. Unfinished Business (continued)
*D. Resolution Reappointing Elizabeth Osborne (R ) a Member of the South Windsor Housing Authority
BE IT RESOLVED that the South Windsor Town Council reappoints Elizabeth Osborne a Member of the South Windsor Housing Authority for a term ending November 30, 2011.
APPROVED BY CONSENT AGENDA
E. Resolution Proposing Expanded Use of Clean Energy
WHEREAS, the South Windsor Town Council promotes conservation, the efficient use of energy, and the study of the use of renewable energy sources; and
WHEREAS, electricity generation produces harmful air pollution and emissions known to cause asthma attacks and to contribute to other respiratory illnesses, as well as contributing to global warming; and
WHEREAS, the price of energy from fossil fuels continues to rise and is purchased from foreign sources; and
WHEREAS, clean energy can be generated and distributed in the U.S. from domestic sources; and
WHEREAS, the Connecticut legislature has mandated the creation of a clean energy option on the electric bill of consumers who support the increased use of clean energy; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council, out of concern for the health of its citizens and a desire to reduce our nation’s dependence on foreign oil, will commit the Town of South Windsor to take reasonable measures to purchase 20% of its energy needs from clean energy sources (e.g. low-impact hydro, wind, solar, biomass, and fuel cells) by 2010; and that the town staff will investigate options for meeting this goal, including the purchase of Renewable Energy Certificates, local clean energy installations, and possible state and federal funding opportunities; and
(Resolution Continued on Next Page)
ITEM:
16. E. (continued)
BE IT FURTHER RESOLVED that the town staff shall explore the Connecticut Clean Energy Communities Program that provides qualified cities and towns with clean energy systems. The benefits of the program include a no-cost option for the town, reduced electricity demand on the state’s transmission and distribution system, reduced emission of harmful environmental pollutants, and increased energy independence; and
BE IT FURTHER RESOLVED that the Town Council agrees to allocate electricity savings derived from the program for the purchase of additional clean energy
BE IT FURTHER RESOLVED that the Town Council will encourage residents and businesses to choose the clean energy option on their electricity bill, and will create an Energy Taskforce for the purpose of promoting awareness of the town’s commitment to the 20% by 2010 initiative and to recommend additional conservation efforts.
Was made by Councillor Yagaloff
Seconded by Councillor Pelkey
Council members discussed this resolution and explained their reasoning of why they would or would not support this resolution.
Councillor McCann offered the following amendment to the resolution: deletion (page 6, first paragraph), “will commit the Town of South Windsor to take reasonable measures to purchase 20% of its energy needs from clean energy sources, (e.g. low-impact hydro, wind, solar, biomass, and fuel cells) by 2010; and further to deletion (page 6, paragraph 4), “20% by 2010 initiative and to recommend additional”. Deputy Mayor Delnicki seconded the motion.
Deputy Mayor Delnicki, Councillor Havens and Yagaloff each stated their reason for supporting this amendment.
Councillor Prague stated that he is not in support of this amendment because of the statement that says, “we are going to encourage residents and businesses to choose the clean energy options”.
ITEM:
16. E. (continued)
Mayor Streeter called for a vote on the amendment. The amendment carried 7 Ayes to 1 Nay, on a Roll Call vote, the dissenting vote being cast by Councillor Pelkey.
Councillor Prague stated he would like to propose another amendment on the last paragraph to be changed as follows: “BE IT FURTHER RESOLVED that the Town Council will encourage additional conservation efforts”. Councillor Moriarty seconded the motion.
Mayor Streeter called for a vote on the amendment. The amendment failed 2 Ayes to 6 Nays, on a Roll Call vote, the dissenting votes being cast by Mayor Streeter, Deputy Mayor Delnicki, Councillors McCann, Havens, Pelkey and Yagaloff.
The Mayor then called for another vote on the original amendment. The motion carried 7 Ayes to 1 Nay, on a Roll Call vote, the dissenting vote being cast by Councillor Prague.
17. New Business
A. Resolution Approving a Refund of Property Taxes to Twelve (12) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twelve (12) South Windsor Residents, the total of said refunds being $7,706.46, and as more fully described on attached Exhibit A.
Was made by Councillor Havens
Seconded by Councillor McCann
The Motion was: Approved, unanimously
B. Resolution Approving the Spending of $100,004.66 of Prior Year Encumbrances for Purposes Other Than Those Originally Intended
WHEREAS, the South Windsor Board of Education had $1,456,181.99 encumbered at the end of the 2005/2006 fiscal year; and
(Resolution Continued on Next Page)
ITEM:
17. B. (continued)
WHEREAS, the South Windsor Board of Education has stated that $100,004.66 of the 2005/2006 encumbrance is not needed for its originally intended purposes; and
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Board of Education to spend the $100,004.66 in the current fiscal year for purposes other than those originally intended.
Was made by Councillor McCann
Seconded by Councillor Pelkey
The motion: carried 7 to 1
C. Resolution for Town Council Endorsement of Proposed Open Space, Kilkenny Heights Subdivision, Abbe Road
WHEREAS, the Open Space Task Force has reviewed proposed Kilkenny Heights subdivision open space located on the east side of Abbe Road, north of the Dzen Tree Farm; and
WHEREAS, the proposed open space received a favorable rating for Town ownership because of the passive recreation, hiking, habitat and wildlife corridor, and future interconnection to open space within the Dzen property to the south; and
WHEREAS, the Open Space Task Force has recommended that the Town Council endorse acceptance of the proposed open space as Town-owned open space; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council endorses the acquisition by the Planning and Zoning Commission of the proposed Kilkenny Heights subdivision open space as Town open space.
BE IT FURTHER RESOLVED that the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remediated prior to future Town acceptance.
ITEM:
17. C. (continued)
There was a lengthy discussion regarding an access driveway being recommended and a row of trees to screen the area. All of this should be done by the developer.
Amendment to read as follows:
BE IT FURTHER RESOLVED that, the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remediated and that a 25’ wide tree lined access way with a 15’ wide gravel base grass covered access which is capable of supporting a vehicle, be provided by the developer prior to future Town acceptance.
Was made by Deputy Mayor Delnicki
Seconded by Councillor McCann
The Mayor made a motion to extend the meeting past 11:00 p.m.; Councillor McCann seconded the motion; the motion failed and the meeting adjourned at 11:00 p.m.
Respectfully submitted,
Deborah W. Reid
Assistant to the Clerk of the Council
Attmts. (Exhibits A)
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