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Town Council Regular Meeting 10-1-2007
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  October 1, 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.; Recessed the Regular Meeting in order to finish the Work Session.  The Regular Meeting began at 8:15 p.m.

4.      Roll Call

Members Present:        Mayor Matthew Streeter
Deputy Mayor Thomas Delnicki
Councillor Edward Havens
Councillor Daniel Jeski
Councillor PersonNameKevin McCann
Councillor PersonNameTim Moriarty
Councillor PersonNameJohn Pelkey
Councillor Cary CityplacePrague
                                Councillor PersonNameKeith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

Prior to the start of the meeting, Mr. Don Padegimas, President of the Lions Club and Ms. Sue Burnham, Vice President of the Lions Club came forward and presented a check in the amount of $1,000 to the South Windsor Food and Fuel Bank.

Mayor Streeter read and presented a proclamation to Janis Murtha who retired as Registrar from the Town of placeCitySouth Windsor.  Mrs. Murtha thanked the Town Council.

5.      Public Input

Mrs. Kathy Hale, addressStreet54 Orchard Hill Drive approached the Council with a proposal of a Tax Freeze for the Elderly who are on a limited income.  This program would have no liens on anyone’s property, would apply to seniors over 70 years of age and have lived in the Town of placeCitySouth Windsor for 10 years or over, (Exhibit B).  She is hopeful that the Town Could will put this on their next meeting agenda.

Mrs. Jan Murtha came forward to introduce the new Registrar of Voters, Sue Burnham and the new Deputy Registrar, Katie Graham.

ITEM:

5.      Public Input (continued)

Mr. Roy Normen, addressStreet158 Homestead Drive came before the Town Council to discuss the Tax Freeze Program for the elderly that is being proposed.  He stated that this program defers taxes to future taxpayers and becomes an administrative burden.  There are significant amount of dollars to help seniors.  The placePlaceNameSenior PlaceTypeCenter in Town works very closely with the elderly.  One way to help seniors with income constraints is to find affordable housing for them.  

Mrs. Kathy Hale, addressStreet54 Orchard Hill Drive responded to statements made about the Tax Freeze Program saying that this is a tax forgiveness program, not a tax deferral and that is why you do not have liens.  There would not be a substantial addition to administrative costs because the same group of people would largely qualify for all programs available to seniors.

Mr. Russ Hopowiec came before the Town Council to share feedback with the Town Council and the residents of placeSouth Windsor in regards to the performance of the Town Council and the Town Manager.  After a lengthy period, Councillor McCann stated that according to the Town Council Rules, public participation is not to be used to call into question a personal attack on any member of the Town Council, including the Town Manager.  This is improper use of the public forum.  Mayor Streeter ruled on the point of order agreeing with Councillor McCann that the Town Council rules do not allow for personal attacks.

6.      Environmental Health & Safety Message

Councillor Prague explained that he had received a call from a resident who had concerns regarding the repaving of addressStreetSullivan Avenue and the work being done on the storm drains.  There are piles of dirt that are kept on the road or on the side of the road and the concern is if there is rain, the dirt from the piles will run into the road and sewer drains.  Town Manager Galligan said that concern expressed will be addressed.

Councillor Yagaloff said that while on his way home from a meeting last week, there was a couple from Ellington whose car had broken down.  They were waiting for AAA to come and while waiting, Officer Kelly stopped.  He was terrific and represented the Town of CityplaceSouth Windsor will extreme professionalism.  Councillor Yagaloff expressed his thanks to Officer Kelly.


ITEM:

6.      Environmental Health & Safety Message (continued)

Councillor Jeski suggested that the Town of placeSouth Windsor investigate having police officers perform inspections on trucks for road worthiness.  This would prevent an accident happening like in placeAvon.  Town Manager Galligan will have Chief Gary Tyler from the Police Department research this issue and come back to the Town Council at a later date.

Councillor McCann stated he would like to remind people that October is Breast Cancer Awareness Month.  Breast Cancer is a disease that affects many women in the country-regionplaceUnited States.  The key to survival is early detection and the key to a cure is research.  He encouraged all women to become aware and seek early detection, and encouraged each individual to support research so that a cure can be found.

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 4, 2007; Public Hearings of September 4, 2007, and September 17, 2007; and a Regular Meeting of September 4, 2007.

Was made by:    Councillor Yagaloff
Seconded by:    Councillor Pelkey
The motion was: Approved, unanimously

8.      Public Petitions - None

9.      Communications from Officers and Board Directly Responsible to Council

None

ITEM:

10.     Communications and Reports from Town Manager

Town Manager Galligan reported on the following items:

·       The Connecticut Conference of Municipalities has asked me to serve on a Committee to work with Senator Don Williams and individuals in the House of Representatives to look at issues that are important to Municipalities.  Once the Committee does an evaluation, we will go to the Governor and discuss.

·       Family Awareness Day is scheduled for October 27, 2007.

·       The Flu Clinic will be held on November 1, 2007.

·       Scott Roberts wanted the Town Council and residents to be aware that the video from the Boundless Playground Grand Opening will be shown after live meetings and rebroadcasts of the meeting

·       A meeting with Kathy Hale and Charlie Danna, who is the Tax Assessor, was held regarding the Senior Tax Freeze Program that Ms. Hale is proposing.  If the Town Council would like to go forward with this program, a full report can be given to the Town Council.  Mayor Streeter requested that the Town Assessor be present at the next scheduled meeting to discuss the Senior Tax Freeze Program.

·       Would like to have an Executive Session regarding pending litigation, (Easement at Evergreen Walk).  

Councillor Yagaloff voiced concern and would like the Town Attorney to address why the Town Council members were not notified on the implications because the easement is on Town property and that is a concern.  Councillor Yagaloff stated he would like to have a better idea of what is going to happen in the future.

Town Manager Galligan responded that unfortunately the Town was not in charge of this case, but would go into more detail as to what transpired in Executive Session.

ITEM:

10.     Communications and Reports from Town Manager (continued)

Answering further questions from Councillor Yagaloff, Mr. Galligan explained that no matter which program any senior may apply for and receive; there is no senior that will get more than a 75% benefit.  Some seniors, even if they quality for the proposed senior tax freeze, may not receive this benefit because they may already be at 75%.

11.     Reports from Standing Committees -  None

12.     Reports of Temporary Committees - None

13.     Communications and Petitions from Council

Councillor Jeski proposed cost breaks for the admission to placePlaceNameVeterans PlaceTypeMemorial Park to those who are disabled, (Exhibit C).

        Councillor Prague announced a few events that will be happening in Town:

·       Family Awareness Day on Saturday, October 27, 2007 from 10:00 a.m. to 2:00 p.m. at the Community Center, addressStreet150 Nevers Road.
·       Spooktacular Halloween Event on Saturday, October 27, 2007, evening event.
·       Heritage Day on Saturday, October 6, 2007 from 9:00 a.m. to 5:00 p.m. on addressStreetMain Street.

Mayor Street stated that last Thursday the entire Town Council attended the Chamber of Commerce Annual Business Person of the Year Dinner.  Mayor Streeter congratulated Peter DeMallie for being Business Person of the Year.  Mayor Streeter also attended a ribbon cutting for the Law Office of PersonNameKeith Yagaloff and Laubacher Multimedia, addressStreet1343 Sullivan Avenue on September 18, 2007 from 5:30 p.m. to 7:30 p.m.  

The Mayor then read two proclamations into the record.  The proclamations were for White Cane Safety Day and Meet the Blind Month.

Councillor Pelkey announced that on October 21, 2007 many area churches will be doing a crop walk down addressStreetOld Main Street.  Pledges will be taken and the money will go to the South Windsor Food Bank as well as South Windsor Food Share.

ITEM:

13.     Communications and Petitions from Council (continued)

Councillor Havens thanked Deputy Mayor Delnicki for his years of service to the Town and wished him well in all of his future endeavors.

Councillor McCann mentioned that a fund raiser for the Public Education Fund that took place over the weekend was called, “The Longest Dinner Table”.   There were 60 tables with eight people at each table and it was a very successful event.

14.     Public Participation - None

15.     Consent Agenda - None

16.     Unfinished Business - None

17.     New Business

A.      Resolution Approving the Transfer of $10,000 from Contingency Account to a newly created account called “Community Service Support Account”

WHEREAS, the South Windsor Town Council wishes to support Community Civic Groups within the Town of South Windsor; and

WHEREAS, the South Windsor Town Council would like to create a new account called “Community Service Support Account”, that would be within the Town Manager’s Budget so that the appropriate amount of money can be disbursed to personnel as necessary

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby Approves a transfer of $10,000 from the Contingency Account to a newly created Account called “Community Service Support”.

Was made by Councillor Prague
Seconded by Deputy Mayor Delnicki

ITEM:

17.     A. (continued)

Councillor Prague explained that the Wapping Fair needed support this year in the form of snow fencing to be erected around the event and with 40 days of no rain, water trucks needed to wet down the area.  The South Windsor Historical Society also needed help with signs and fencing, but they were denied that help because there was no money in the budget.  The Town seal says, “One Town One Future” and I want to make sure we are, “One Town One Future”.  The Town puts on events and all events cost the Town money in terms of support and I do not see how civic groups can be denied a little bit of support.  This resolution would benefit the entire community and Councillor Prague asked the Town Council members to please support this.

Councillor Yagaloff felt this resolution was a good idea but requested an amendment to read as follows:  WHEREAS, the South Windsor Town Council wishes to support Community Civic Groups within the Town of placeCitySouth Windsor, excluding political groups and political activities; seconded by Councillor Pelkey.

Mr. Brian Rivard of addressStreet1042 Foster Street Extension, President of the South Windsor Historical Society came before the Town Council to support this resolution.  He explained that Heritage Day is on the 6th of October and for this event we had requested support that we have received for the past two years.  Essentially what we asked for were some no parking signs, 300 feet of snow fencing, and directional signs to indicate where our parking was to be located.  We received a response stating that only Town sponsored events would be supported by Town staff.  This resolution is good because it creates a mechanism the Town can use to fund, or assist civic groups in this Town.  It is the civic groups that help make the character of the Town and if they are not supported by the Town there will be less of these events which in turn will affect the quality of life in our Town.  

Councillor McCann stated that he will support this resolution and hopes that the rest of the Town Council Members will also support this resolution.  The Town supports many organizations and Town staff is important for these events.

Councillor Pelkey said he supports this resolution but feels a policy should be written that all organizations would have to follow.

ITEM:

17.     A. (continued)

Deputy Mayor Delnicki declared his support for this resolution as well as the amendment, but felt defining rules will be hard, but will support the resolution as well as the amendment.

Councillor Havens said he is in favor of this resolution.

Councillor Moriarty and Jeski stated they both would support this resolution with the amendment.

Mayor Streeter then called for a vote on the proposed amendment, it was Approved, unanimously.  Then Mayor Streeter called for a vote on the Amended Resolution, it was Approved, unanimously.

B.      Resolution Approving the Use of $28,622 from the Board of Education Wapping Windows Capital Project Account for Reimbursement to the State of placeStateConnecticut

WHEREAS, the Connecticut State Department of Education completed its final audit of the Timothy Edwards Middle School Project; and

WHEREAS, as a result of said audit, a reimbursement of $28,622 is due to the State of placeStateConnecticut; and

WHEREAS, the Board of Education Wapping Windows Capital Project is complete and has an available balance of $30,210

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to pay the Connecticut State Department of Education the amount of $28,622, from the funds available in the completed Board of Education Wapping Windows Capital Project Account.

Was made by:    Councillor Pelkey
Seconded by:    Deputy Mayor Delnicki
The motion was: Approved, unanimously

ITEM:

C.      Resolution Approving the Transfer of $15,000 from the Contingency Account to the Town Mangers Professional Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $15,000 from the Contingency Account to the Town Manger’s Professional Account for the purchase and installation of electronic speed limit traffic signs.

Was made by:    Deputy Mayor Delnicki
Seconded by:    Councillor McCann

Deputy Mayor Delnicki explained that the Town of CityplaceSouth Windsor has had problems with vehicles speeding on addressStreetDeming Street.  The erection of electronic speed limit traffic signs have made a difference in other communities.  The Police Department will decide where these signs should be located.  Deputy Mayor Delnicki informed Council Members that these signs will log down how many vehicles go above the speed limit.

Councillor Yagaloff thanked Deputy Mayor Delnicki for bringing this item forward and stated he would be in support of this resolution.

Councillor McCann stated that he has seen signs like the ones being proposed and has seen the traffic in front of him react to the sign and slow down.  Councillor McCann commended Deputy Mayor Delnicki for bringing this forward and will support this resolution.

Councillor Pelkey said he is in support of this resolution.  

Councillor Prague questioned whether the signs are portable?  Deputy Mayor Delnicki responded that there are 3 different types of signs, which are:  1) run by a battery which allows the sign to be moved around; 2) solar panel so electrical service is not necessary; and 3) a permanent installation with electric service brought to it.  

Councillor Prague felt this would be a good opportunity to take advantage of the portable signs because they could be used in other areas in Town if it is felt necessary.

ITEM:

17.     D. (continued)

Deputy Mayor Delnicki felt the Traffic Division at the South Windsor Police Department should make the decision of the type of sign the Town uses and the location that the signs should be erected.

Councillor Jeski agreed that these signs would take care of part of the problem on addressStreetDeming Street, but another concern in this particular area is truck traffic.  Other measures should be implemented into the road system that would not prohibit trucks from using the road, but may deter them from using the road and the trucks could find a more suitable route.

Councillor Moriarty said he would be voting in favor of this resolution, but signs should be erected stating no through traffic.

Councillor Havens felt this was a good way to slow down traffic.

Mayor Streeter then called for a vote on the Resolution, it was Approved, unanimously.  

D.      Resolution setting a Time and Place for a Public Hearing to receive citizen input on a proposed Amendment to Ordinance #180, an “Ordinance Prohibiting Tractor-Trailer Truck on portions of Troy Road and Brookfield Street” in the Town of South Windsor

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, October 15, 2007, at 7:25 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 a proposed Amendment to Ordinance #180, an “Ordinance Prohibiting Tractor-Trailer Truck Traffic on portions of Troy Road and Brookfield Street” in the Town of South Windsor.

Was made by:    Councillor Jeski
Seconded by:    Councillor Pelkey

Mayor Streeter explained that this change in the fee structure would be from $99.00 to $89.00.  The change was recommended by Commander Reed and follows the fee structure of an ordinance on addressStreetGovernors Highway.

The motion was: Approved, unanimously

ITEM:

E.      Resolution setting a Time and Place for a Public Hearing to receive citizen input on an Appropriation of $60,000 from the Capital and Non-Recurring Expenditure Account to fund a new parking lot at the Community Center, addressStreet150 Nevers Road

BE IT RESOLVED, that the South Windsor Town Council hereby sets Monday, October 15, 2007, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on an appropriation of $60,000 from the Capital and Non-Recurring Expenditure Account to fund a new parking lot at the Community Center, 150 Nevers Road.

Was made by:    Councillor McCann
Seconded by:    Councillor Pelkey

Councillor McCann thanked Councillor Pelkey and Councillor Prague who both serve on the Capital Projects Committee.  He then stated that the expanded parking lot is necessary and this resolution would create the funding necessary to make this a reality.  Councillor McCann encouraged Town Council Members to support this resolution.

Mayor Streeter then called for a vote on the Resolution, it was Approved, unanimously.  

F.      Resolution setting a Time and Place for a Public Hearing to receive citizen input on an “Ordinance to Grant an Exemption of property tax for Hybrid Electric Vehicles and Certain Authorized Alternative Fuel Vehicles”

BE IT RESOLVED, that the South Windsor Town Council hereby sets Monday, October 15, 2007, at 7:40 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on an “Ordinance to Grant an Exemption of Property Tax for Hybrid Electric Vehicles and Certain Authorized Alternative Fuel Vehicles” in the Town of South Windsor.

Was made by:    Councillor Havens
Seconded by:    Councillor Pelkey
The motion was: Approved, unanimously

ITEM:

G.      Resolution setting a Time and Place for a Public Hearing to receive citizen input on a proposed “Ordinance Providing for Preference to Town Based Bidders on Town Contracts”

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, October 15, 2007, at 7:50 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 a proposed “Ordinance Providing for Preference to Town Based Bidders on Town Contracts” in the Town of South Windsor.

Was made by:    Deputy Mayor Delnicki
Seconded by:    Councillor McCann

Councillor Yagaloff questioned if this ordinance has been designed for the purchase of goods or services?  Town Manger Galligan stated that the charter says “purchase of goods” unless the Town Council wants to go above and beyond that, then I think you will have to make changes.

Councillor Yagaloff stated he would rather have more a discussion and do revisions to the ordinance then bring it back for a public hearing.  Deputy Mayor Delnicki encouraged appropriate language be brought forward.

Councillor Havens said he would support the public hearing on this ordinance, but feels this is a restraint of trade and would only give South Windsor businesses an edge if they only did business in placeSouth Windsor.

Councillor Moriarty also said he would support having a public hearing on this, but felt this should be done more on a State level.

Mayor Streeter then called for a vote on the Resolution, it was Approved, unanimously.  

H.      Resolution Approving a Refund of Property Taxes to ten (10) South Windsor Taxpayers

        BE IT RESOLVED that the South Windsor Town Council hereby Approves a refund of property taxes to ten (10) South Windsor Residents, the total of said refunds being $4,383.73, and as more fully described on attached Exhibit A.

ITEM:

17.     H. (continued)

Was made by:    Councillor Moriarty
Seconded by:    Councillor Pelkey
The motion was: Approved, unanimously

18.     Passage of Ordinance - None

19.     Communications and Petitions from Council (Continued)

Councillor Jeski requested of the Town Manager that the information he provided to the Town Council regarding the Veterans Memorial Pool be forwarded to Ray Favreau, Director of Recreation.

20.     Communications and Reports from Town Manger (Continued)

Deputy Mayor Delnicki questioned the status of the Deming Street Truck Traffic Ordinance that was forwarded to the Town Attorney?  Mr. Galligan stated that there was discussions held with the Town Attorney regarding this matter.  Mr. Galligan will forward any information that he receives to the Town Council.

21.     Executive Session

Deputy Mayor Delnicki made a motion to go into Executive Session at 10:20 p.m. to discuss pending litigation and a personnel issue; Councillor McCann seconded the motion; it was Approved, unanimously.

22.     Motion to Adjourn

The Executive Session and Regular Meeting were both adjourned at 10:40 p.m.


Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council