TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 18, 2007
TOWN COUNCIL – Regular Meeting
Council Chambers – placePlaceNameSouth Windsor PlaceTypeTown 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 Edward Havens
Councillor Daniel Jeski
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Cary CityplacePrague
Councillor Keith Yagaloff
Also Present: Town Manager Matthew Galligan
Town Attorney Duncan Forsyth
5. Public Input
Mr. Donald Gonsalves, 40 Bayberry Trail came before the Town Council to go on record and stated that he is in opposition of the referendum for the elementary schools project for $118 million and feels alternatives should be given to the residents.
Senator Gary LeBeau informed the Town Council regarding a bill that passed in the Legislature which was a substitute for house bill #7386 an act concerning the conveyance of certain parcels of state land. The language was changed on that conveyance in order to allow for a better package for possible developers. The bill has passed, but has not been signed by the Governor yet.
The other issue Senator LeBeau wished to discuss is the bond package, which includes monies for the Regional Animal Shelter. This package has not been signed, but when it is, Senator LeBeau stated he would inform the Town Council.
ITEM:
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 Sessions of April 23, 2007 and May 7, 2007; Special Meeting of April 21, 2007; and Regular Meetings of April 16, 2007, and May 7, 2007
Was made by: Councillor Havens
Seconded by: Deputy Mayor Delnicki
The motion was: Approved 8-0 with Councillor Jeski abstaining
8. Public Petitions
Mrs. Mary Martin, a representative from the Senior Advisory Council to the placePlaceNameCharles PlaceNameEnes PlaceTypeCommunity Center came before the Town Council to present a petition. She explained that it is the Advisory’s goal to make the Town Council aware of the space and parking problems at the Community Center. It is the Senior Advisory Councils request to the Town Council to find the means to increase the usable space at the Community Center and provide adequate parking for senior residents of placeSouth Windsor.
Deputy Mayor Delnicki made a motion to Suspend the Rules and move Items 18. A. out of order; Mayor Streeter seconded the motion; and it was Approved, unanimously.
18. Passage of Ordinance
A. Resolution Adopting an “Ordinance Adopting Fees for Fire Marshal
Plan Reviews”
BE IT RESOLVED that the South Windsor Town Council hereby adopts an “Ordinance Adopting Fees for Fire Marshal Plan Reviews,” said Ordinance more fully described in attached Exhibit A., a copy of which is on file in the Office of the Town Clerk.
Was made by: Councillor McCann
Seconded by: Deputy Mayor Delnicki
ITEM:
18. A. (Continued
Councillor McCann felt that with the revisions that were made on this ordinance he is in favor of this ordinance. Councillor McCann then questioned how the charge of $4.00 per thousand square feet was determined? Mr. Walter Summers, Fire Marshal responded that the $4.00 per thousand square feet was determined by: 1) what other towns charge; and 2) based upon what was felt as a fair charge.
Councilor Havens stated that he would not be supporting this resolution because he does not believe a budget figure should be raised by a proposed ordinance as it was this year.
Mayor Streeter explained that the Fire Marshal has been researching the fee structure since January, 2007 and this was not something that was used to balance the budget.
Answering questions from the Town Council, Fire Marshal Summers explained that these fees would be charged to renovations or additions that are being done in the commercial zone.
Councillor Yagaloff stated that he would like to see a change made on Article I, Section C to say the following fee shall be paid by the applicant for all plan reviews required by the Connecticut State Fire Safety Code. This would clarify any misunderstanding that residential zones do not get charged.
Councillor Pelkey said he heard one of the other Councillors make a statement that this would not impact existing businesses, when in fact it will if a business decides to expand, is that correct? Mr. Summers responded that if an addition is created on an existing business, there would be a charge.
Councillor Pelkey stated that these fees could possibly hinder tax abatement negotiations when trying to have a company come to Town, and he asked the Town Attorney if there was a way to waive these fees so the Town could be more competitive when doing negotiations with a business? The Town Attorney stated he would look further into this scenario.
Councillor Pelkey made a motion to table Item 18. A. to the July 2, 2007 meeting; Councillor Yagaloff seconded the motion; the motion failed 4 Ayes to 5 Nays, on a Roll Call vote, the dissenting votes being cast by Mayor Streeter, Deputy Mayor Delnicki, Councillors McCann, Moriarty, and Prague.
ITEM:
18. A. (Continued)
Councillor Moriarty proposed an amendment to Article I, Section D, second sentence to read as follows: the independent plan review shall be conducted by a Plan Reviewer hired by the applicant. The Plan Reviewer must be approved by the Office of the Fire Marshal; Mayor Streeter seconded the motion.
Town Attorney Duncan Forsyth suggested a variation of what Councillor Moriarty suggested to read as follows: An independent Plan Reviewer shall be conducted by a Plan Reviewer hired by the applicant and subject to the approval of the Office of the Fire Marshal. Councillor Moriarty and Mayor Streeter were both agreeable to the amendment. The Motion was Approved, unanimously.
Deputy Mayor Delnicki then suggested that language be draft in the ordinance which would alleviate concerns voiced by Councillor Yagaloff, (Article I, Section C).
At 8:50 p.m. Mayor Streeter recessed the Regular Meeting in order for language to be drafted by the Town Attorney for this portion of the ordinance.
At 8:55 p.m. the Regular Meeting was reconvened.
Town Attorney Duncan Forsyth read the changes into the record:
The paragraph beginning “Effective July 1, 2007” would be removed and the ordinance would go right into Article I – Fire Marshal Plan Review Fees and subsection (a) would read as follows: The Town of South Windsor shall charge a fee for all plan reviews required by the Connecticut State Fire Safety Code 29-292-1 (e), et seq or for plan reviews required under similar Fire Safety Codes hereafter adopted, as the same may be amended from time to time. The former subsection (a) would become subsection (b); the former subsection (b) would be come subsection (c); he former subsection (c) would become subsection (d) and would read as follows: The following fees shall be paid by the applicant upon submitting any building plans for new construction, renovations, additions, and/or alterations for review and approval
by the Office of the Fire Marshal in accordance with the Connecticut State Fire Safety Code. The amended subsection (d) would become subsection (e).
Deputy Mayor Delnicki made a motion to amend the Ordinance Adopting Fees for Fire Marshal Plan Reviews as submitted; Councillor McCann seconded the motion and was Approved unanimously.
ITEM:
18. A. (Continued)
Mayor Streeter then called for a vote on the Motion. The Motion Passed 5 Ayes to 4 Nays, on a Roll Call vote, the dissenting votes being cast by Councillors Jeski, HavensDeputy Mayor Delnicki, Councillors Jeski, Havens, Pelkey and Yagaloff.
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. The Town was unsuccessful on acquiring the grant from FEMA for Fire Prevention Safety.
2. The Department of Economic and Community Development held a Public Hearing on June 11, 2007 regarding the I-291 Corridor. The State will consider comments from the public hearing and put them in their review. When the State has finished their report, Town Manager Galligan said he would report back to the Town Council.
3. A resolution placed on the June 18, 2007 agenda to waive competitive bidding on a repair at the Community Center. Three quotes were received for the work to be performed.
Councillor McCann requested that the Town Manager request an explanation of why the FEMA grant was denied. This would give the Town knowledge for future dealings with grants through FEMA.
Councillor Moriarty questioned what the process is when communities go through charter reviews? Town Manager Galligan answered that a Charter Review Committee would need to be formed. The State is putting together bid packaging law as for Municipalities, when this gets signed it is assumed that the Town would follow that procedure.
There was a lengthy discussion on the contamination of water at the Mobile Station on addressStreetOakland Road. It was suggested that the Town Manager seek restitution from placeCityMobile for this incident.
11. Reports from Standing Committees - None
ITEM:
12. Reports of Temporary Committees
Councillor Prague explained that Councillor Havens, the Town Manager and he met with the South Windsor Jaycees to discuss the possibility of having the Wapping Fair at Evergreen Walk. There is an area behind L.A. Fitness that has been designed as a possible location. Town Manager Galligan stated that the Town Staff has been checking to make sure that the area can be connected to electrical and water lines.
13. Communications and Petitions from Council
Councillor Pelkey questioned the Town Attorney on whether individuals who come to speak before the Town Council can have their name and address eliminated from the minutes? Town Attorney Forsyth answered that he would research this further and get back to the Town Council.
The Grand Opening Celebration for the Boundless Playground is being held on June 30, 2007 from 10:00 a.m. to 1:00 p.m. at addressStreet150 Nevers Road.
Councillor Yagaloff stated that he does have a concern with safety with the Wapping Fair being held at the Evergreen Walk location. A good plan should be in place prior to the opening of the fair. He also said he went on a tour of the Community Center; all of the Seniors space is areas that are shared.
Councillor Havens requested that a sign be placed on addressStreetBuckland Road welcoming people to placeSouth Windsor. Town Manager Galligan explained that space is a problem in that area but efforts are still underway to find a solution to this problem.
Councillor McCann reported on the status of the elementary school study. Recommendations are on the Board of Educations web-site where residents can make comments. A workshop is being held on June 28, 2007 at PlaceNameplaceTimothy PlaceNameEdwards PlaceNameMiddle School at 7:00 p.m.
Mayor Streeter questioned whether the tax abatement for Jay’s Landscaping would be discussed at the next Town Council Meeting? Town Manager Galligan said that the Economic Development Commission has already approved this tax abatement and it will be coming back to the Town Council at the July 2, 2007 meeting.
ITEM:
14. Public Participation
Mr. Donald Gonsalves, 40 Bayberry Trail stated that while in the audience for a program at CPTV where the topic being discussed was regarding Towns and the State being unfunded by $21 billion dollars per retiree health benefit. Mr. Gonsalves would like the public to be made aware of our retiree health benefit and questioned whether we have a reserve or we don’t have a reserve and how much it is? Another issue Mr. Gonsalves brought forward was that the Town Council has the responsibility to recommend if the Town can afford or can not afford the renovations to the elementary schools?
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Resolution Appointing Jeff Prague (R) a Member of the South Windsor Drug and Alcohol Abuse Prevention 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 Jeff Prague a full Member of the Drug and Alcohol Abuse Prevention Commission for a term ending September 1, 2007 to fill a vacant seat, and hereby postpones consideration of this Motion until the Town Council’s next regularly scheduled meeting.
Was made by: Councillor McCann
Seconded by: Councillor Pelkey
The motion was: Approved, 8-0 with Councillor Prague abstaining
B. Resolution Accepting the Resignation of Daniel Jeski (D) from the Building Code Board of Appeals, the Planning & Zoning Commission and the Public Building Commission
BE IT RESOLVED that the South Windsor Town Council accepts the resignation of Daniel Jeski from the Building Code Board of Appeals, the Planning & Zoning Commission and the Public Building Commission, said resignation to be effective immediately.
ITEM:
17. B. (Continued)
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Delnicki
The motion was: Approved, 8-0 with Councillor Jeski abstaining
C. Resolution Approving the Waiving of Competitive Bidding and the Approval of Construction by the Company with the lowest solicited quote
WHEREAS, the Community Center’s gable and louver is in immediate need of replacement; and, in order to complete the work before further damage is done, bidding of Town construction activities has been best accomplished through soliciting quote versus competitive bidding
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the waiving of competitive (sealed) bidding for the selection of contractors for the removal and replacement of the gable and louver at the Community Center, because such bidding would delay the project and not be in the best interests of the Town of South Windsor in this circumstance; and
BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to authorize the removal and replacement of the gable and louver at the Community Center to be competed by Executive Interiors Construction for the amount of $6,740.00 which is the lowest quote received by solicited companies.
Was made by: Councillor Moriarty
Seconded by: Councillor McCann
The motion was: Approved, unanimously
ITEM:
D. Resolution setting a Time and Place for a Public Hearing to Receive Citizen Input on the transfer of $89,875 from the Capital and Non-Recurring Expenditures Account to the Capital Projects Account
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, July 2, 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 the transfer of $89,875 from the Capital and Non-Recurring Expenditures Account to the Capital Projects Account, as follows:
$89,875 – for Professional Services Associated with the
Renovation of addressStreet1530 Sullivan Avenue
Was made by: Councillor Yagaloff
Seconded by: Councillor Havens
Deputy Mayor Delnicki stated that he is in opposition of this resolution. The Town Attorney’s opinion has not been received regarding the Planning & Zoning Commissions denial of review of the plan (8-24 approval). The question also has to be answered on whether the Town Council really wants to see the Council Chambers moved to the Old Post Office.
Councillor Pelkey questioned whether this resolution is for the transfer of money and additional discussions will be held at a later meeting? Town Manager Galligan responded that the Town Council should hold a Work Session to discuss what everyone would like to see happen down at the Old Post Office, but tonight’s resolution is strictly for the transfer of money in order to bring to the Town Council information that is necessary to make decisions. Councillor Pelkey then stated that he would like more details on the spending plan prior to approving any money transfers.
Mayor Streeter made a motion to refer this issue back to the Space Needs Committee for further review, having another Work Session and put this resolution on the July agenda; Councillor McCann seconded the motion.
Councillor Yagaloff voiced his concern that there is a lease on this property. There should be a vote to approve holding a public hearing so the public hearing can go forward and at the same time the Space Needs Committee could have their own meeting so at the public hearing a report can be made available.
ITEM:
17. D. (Continued)
Mayor Streeter stated that if the Council wishes to approve the public hearing and then the Council could create a Sub-Committee consisting of the Town Council members – discuss this issue and start working things out. Mayor Streeter modified his motion in order to refer to the Town Hall Expansion Committee; Councillor McCann seconded the motion.
Councillor Moriarty said he is in favor of referring this back to the Town Hall Expansion Committee. Deputy Mayor Delnicki stated he is in support of bringing this issue back to the Town Hall Expansion Committee to discuss concepts for the Old Post Office.
Mayor Streeter withdrew his motion and then added an amendment to the resolution which would consist of the last paragraph to read: BE IT FURTHER RESOLVED that the South Windsor Town Council hereby appoints a Town Hall Sub-Committee, Council as a whole, to review the project at hand; Councillor McCann withdrew his second and Councillor Yagaloff seconded the amendment to the resolution.
After a short discussion, Mayor Streeter withdrew his motion as amended and Councillor Yagaloff withdrew his second.
Mayor Streeter then called for a vote on the Motion. The Motion Failed 4 Ayes to 5 Nays, on a Roll Call vote, the dissenting vote being cast by Deputy Mayor Delnicki, Councillors Jeski, Moriarty, Pelkey and CityplacePrague.
19. Communications and Petitions from Council - None
20. Communications and Reports from Town Manager - None
21. Executive Session - None
22. Motion to Adjourn
At 10:08 p.m., Councillor Pelkey made a motion to adjourn; Deputy Mayor Delnicki seconded the motion; and it was Approved, unanimously.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
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