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Town Council Regular Meeting 1-22-2008
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  January 22, 2008

TOWN COUNCIL – Regular Meeting
Council Chambers – placePlaceNameSouth Windsor PlaceTypeTown Hall

1.      Call Meeting to Order

Mayor Streeter called the Regular Meeting to order at 8:00 p.m.; Recessed the Regular Meeting in order to finish the Work Session.  The Regular Meeting began at 9:25 p.m.

4.      Roll Call

Members Present:        Mayor Matthew Streeter
Deputy Mayor Cary placeCityPrague
Councillor Kathryn Hale
Councillor Edward Havens
Councillor Lisa Maneeley
Councillor PersonNameKevin McCann
Councillor PersonNameJohn Pelkey
                                Councillor PersonNameKeith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

Mayor Streeter made a motion to Suspend the Rules to go to items 17. D., 17. E.,  and 17. H.; Councillor McCann seconded the motion; and it was Approved unanimously.

17.     New Business

D.      Resolution Referring the Town of South Windsor’s Proposed Upgrades to the Water Pollution Control Facility Treatment Plant to the Planning and Zoning Commission Pursuant to the Requirements of Section 8-24 of the Connecticut General Statutes

WHEREAS, Camp, Dresser & McKee, Engineer Consultants to the Town of South Windsor have prepared a plan that identifies upgrades that are necessary to the Water Pollution Control Facility Treatment Plant; and

WHEREAS, the Water Pollution Control Authority has recommended to the Town Council that these upgrades be done; and

(Resolution Continued on Next Page)

ITEM:

17.     D. (continued)

WHEREAS, the Town Council intends to appropriate $39,300,000 for the planning, acquisition and construction of upgrades to the Water Pollution Control Facility Treatment Plant; and

WHEREAS, any plan that includes the use of Town monies, must first be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes

NOW, THEREFORE, BE IT RESOLVED that the upgrades to the Water Pollution Control Facility Treatment Plant be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.

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

E.      Resolution Referring the Town of South Windsor’s Proposed Upgrades to the Dry Pit Pump Stations to the Planning and Zoning Commission Pursuant to the Requirements of Section 8-24 of the Connecticut General Statutes

WHEREAS, Weston & Samson, and Woodard & Curran, Engineering Consultants to the Town of South Windsor have prepared a plan that identifies upgrades that are necessary to Dry Pit Pump Stations; and

WHEREAS, the Water Pollution Control Authority has recommended to the Town Council that these upgrades be done; and

WHEREAS, the Town Council intends to appropriate $2,675,000 for the planning, acquisition and construction of upgrades to Dry Pit Pump Stations; and

WHEREAS, any plan that includes the use of Town monies, must first be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes

(Resolution Continued on Next Page)

ITEM:

17.     E. (continued)

NOW, THEREFORE, BE IT RESOLVED that the upgrades to the Dry Pit Pump Stations be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.

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

H.      Resolution Authorizing the Transfer of $50,594.64 from the Contingency Account to the Volunteer Abatement Account and Approving the Payment of $50,594.64 from the Volunteer Abatement Account to the South Windsor Volunteer Fire Department Inc.

WHEREAS, the Town of CityplaceSouth Windsor wishes to provide funds to the South Windsor Volunteer Fire Department Inc., in lieu of tax abatements, to be used for any purpose the above corporation chooses

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the transfer of $50,594.64 from the Contingency Account to the Volunteer Abatement Account; and

BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council authorizes the payment of $50,594.64 from the Volunteer Abatement Account to the South Windsor Volunteer Fire Department Inc., in lieu of tax abatements, to be used for any purpose.

Was made by Councillor Havens
Seconded by Councillor Pelkey

Councillor McCann questioned why this item does not get put into the budget as a line item?  Town Manager Matthew Galligan explained that this item is the Town Council’s and could be handled however the Council would like to.

Mayor Streeter called for a vote on this motion, it was Approved, unanimously.

ITEM:

5.      Public Input

None

6.      Environmental Health & Safety Message

Councillor Pelkey requested that a presentation on the “Bird Flu” be presented informing the Town Council of the actions in place if an epidemic occurred.

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 January 7, 2008; Public Hearings (2) of January 7, 2008; and Regular Meetings of December 17, 2007, and January 7, 2008.

Was made by Deputy Mayor Prague
Seconded by Councillor Maneeley

        There were two friendly amendments made as follows:

·       Insert the verbatim minutes of the December 17, 2007 Regular Meeting in chronological order in the minutes.
·       Insert a document that was taken from the web-site into the December 17, 2007 Regular Meeting Minutes.

Mayor Streeter called for a vote on the Amended Resolution, it 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:

·       Craig Stevenson is working on a grant proposal for the STEAP Grant which is due on February 28, 2008.  There are two programs that the $500,000 would be put towards.  Mr. Galligan requested that the Town Council review the proposal.
·       Spoke with Senator LeBeau and Representative Aman regarding grant for the addressStreetRye Street improvements for the placePlaceNameAldi PlaceNameDistribution PlaceTypeCenter.
·       The Planning & Zoning Commission is working on a report for the Dzen Farm Subdivision where they are checking to make sure there are no environmental issues.  It will come to the Town Council after this process is complete with a resolution.
·       On February 19, 2008 there will be a meeting with the Senior Advisory Board to review and get their input on the expansion of the senior center.  The plans and bid specs will be drawn up prior to seeking funding.
·        There will need to be a decision made on whether the Town would like the Health Department to be Regional or hire a full-time Health Department.  Mr. Galligan gave the Town Council a quick analysis on costs for each.
·       Over the next week, Moody’s and Standard & Poors Rating Agencies will be coming to Town Hall to review the financial aspects of the Town.

Answering questions from Councillor Pelkey, Mr. Galligan stated that he would contact the Clean Energy Fund to see how the Town proceeds in acquiring the one free solar panel and he would also look at the use of a dome cover and solar panels at the Veterans Memorial Pool in order to get longer use out of certain portions of the pool.  

Councillor Hale informed the Town Council that the Town would have to buy certificates that would entitle the Town to one solar panel.  She explained that she has been contacted by a solar provider that will put solar panels on public buildings or non-profit buildings.  There would be a 20 year contract with a guaranteed 5% discount from whatever the electrical utility is charging.  

Councillor Prague expressed interest in putting a cover over the pool for longer use of the pool.



ITEM:

10.     Communications and Reports from Town Manager (Continued)


Discussing the rating agencies, Mr. Galligan explained that the Rating Agencies are paid by the Town.  When the Town floats bonds, it is part of the Town’s bond costs and because the Town had the note sale last year the Town will need to reissue notes again or take bonds out to replace for notes.  On the times you do not have sales and they come out every year that is at the Rating Agencies cost.  The Rating Agencies are coming out to Municipalities more to check that ratings are accurate.  The only time the Town would ask for Rating Agencies to come out is when the Town is floating bonds.  There are times when the Rating Agencies volunteer their time to review Town’s ratings, which is at no cost to the Town.

Councillor Hale questioned what if the Town has been in contact with the Town Attorney regarding the liability for the environmental issues at the property of the Dzen Farm?  Mr. Galligan explained that the Town has hired an Environmental Specialist to research the property for environmental issues at the property.  When the report is complete it will be reviewed by the Town Attorney.  The Town may have to hire an outside Attorney which would represent the Town.

Answering questions regarding the expansion of the PlaceNameSenior PlaceTypeCenter, Mr. Galligan explained that the expansion of the PlaceNameplaceSenior PlaceTypeCenter would be paid for by grants as long as the Town is approved.  It is hopeful that the Town will be in a position to submit an application in September.  The Town does not have to take the grant money if a referendum passes.

Councillor McCann discussing the Health Department stated that the Town has been grandfathered for a number of years with having a part-time Sanitarian, but the State is pushing the Town to go to a full-time Health Department in-house or to join a Regional Health Department.  Either one of these options will cost the Town a significant amount of money.  Depending on the region that the Town joins, it might cause some delays in getting inspections done and it might increase the fees that the businesses have to pay for inspections.  If the Town joins one the district, the Town may want to consider hiring a part-time Sanitarian to the Regional District which would be located in placeSouth Windsor?  Mr. Galligan explained that he has had discussions with both Regional Districts.  CityVernon has hired an individual in their Town office right now and it is felt that if the Town of placeCitySouth Windsor does go into a district the same level of cooperation would be negotiated.  

ITEM:

10.     Communications and Reports from Town Manager (Continued)

Councillor Prague expressed that he is opposed to Regionalization in terms of the Health Department.  The Town has to determine the most cost effective way.  The inspection fees could create a hardship for businesses.  Councillor Yagaloff felt that due to the level of service and potential fees, it is important for the Town to look in-house.  Councillor Pelkey also felt keeping the Health Department in-house has more advantages.  The Town would also be able to service the businesses more quickly and efficiently.  Regionalization is more costly.  Mr. Galligan informed the Town Council that Town staff is in the process of discussing Regionalization versus hiring a full-time Sanitarian with surrounding Towns.

Councillor Yagaloff stated that the Board of Education will be coming forward with referendum questions in regards to the elementary school project, but Councillor Yagaloff would like to know the plans for the other facilities (elementary schools that are not part of the plan) and what the cost would be for renovations to these facilities.

11.     Reports from Standing Committees

None

12.     Reports of Temporary Committees

None

13.     Communications and Petitions from Council

Councillor McCann informed the public and Council Members that the State Highway Department and the Department of Public Works have changed chemicals that are used to get the ice off of the roads.  The chemical is safer environmentally, but more corruptive to cars.  It is important for the longevity of anyone’s vehicles that cars be washed on a regular basis.

14.     Public Participation

None

15.     Consent Agenda

None

ITEM:

16.     Unfinished Business

A.      Resolution Appointing M. Terrie Kyc (D) an Alternate to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints M. Terrie Kyc (D) an Alternate to the Patriotic Commission for a term ending August 31, 2008, to fill an expired term.

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

17.     New Business

A.      Resolution Appointing Richard Siedman (R) an Alternate to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting

BE IT RESOLVED that the South Windsor Town Council hereby appoints Richard Siedman (R) an Alternate to the Water Pollution Control Authority for a term ending November 30, 2008, to fill an unexpired term of Susan Rose and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

B.      Resolution Accepting the Resignation of Gladys Nadel (D) from the Library Board

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Gladys Nadel from the Library Board, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council extends its thanks to Ms. Nadel for the time she has dedicated to servicing her community by here membership on the Library Board.

ITEM:

17.     B.  (continued)

Was made by Councillor Pelkey
Seconded by Councillor Hale

Council Members thanked Gladys Nadel, as well as her husband Joel Nadel for their years of service to the Town of placeCitySouth Windsor and extended their best wishes to both of them.

Mayor Streeter called for a vote on the resolution; it was approved, unanimously.

C.      Resolution Appointing Timothy Appleton (D) to the Inland Wetland Agency/Conservation 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 hereby appoints Timothy Appleton (D) to the Inland Wetland Agency/Conservation Commission for a term ending December 1, 2011, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

F.      Resolution Authorizing Town Manager, Matthew B. Galligan to sign the Local Bridge Program Supplemental Application on behalf of the Town of South Windsor for the Felt Road Bridge over Farm Brook, Bridge No. 132002

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign the Local Bridge Program Supplemental Application on behalf of the Town of CitySouth Windsor for the PlaceNameplaceFelt PlaceNameRoad PlaceTypeBridge over Farm Brook, bridge no. 132002.

Was made by Councillor Hale
Seconded by Mayor Streeter

Answering questions from the Council, Town Manager Galligan stated that he does not know yet when this project will begin.

ITEM:

17.     F.  (continued)

Mayor Streeter called for a vote on this resolution; it was approved, unanimously.

G.      Resolution Authorizing the Transfer of $90,395 from the Board of Education Wapping Windows Capital Project Account to the Timothy Edwards Middle School Renovation and Expansion Capital Project Account

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 was paid to the State of placeStateConnecticut on October 25, 2007; and

WHEREAS, as a result of said audit, the amount the Town anticipated as future progress payments to cover a negative capital project balance of $90,395 would not be received; and

WHEREAS, the Board of Education Wapping Windows Capital Project is complete and the Town recently received $92,632 as State progress payments for this project

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the transfer of $90,395 from the completed Board of Education Wapping Windows Capital Project Account to the Timothy Edwards Middle School Renovation and Expansion Capital Project Account to cover the over expenditure in the account.

Was made by Councillor McCann
Seconded by Councillor Pelkey

Answering questions from the Council, Mr. Galligan explained that the Town received reimbursement for the windows at Wapping and that money went back into the account.

Mayor Streeter called for a vote on this Resolution; it was approved, unanimously.

ITEM:

I.      Resolution Authorizing Town Manager, Matthew B. Galligan to Enter into a First Supplemental Agreement with the State of Connecticut concerning a State Matching Grant Program for Elderly and Disabled Demand Responsive Transportation

WHEREAS, the State and Town of South Windsor have executed an Agreement dated October 17, 2006, for the State Matching Grant Program for Elderly and Disabled Demand Responsive Transportation; and

WHEREAS, the State has developed this First Supplemental Agreement to include additional State mandated and updated language; and

WHEREAS, failure to execute this First Supplemental Agreement could jeopardize State Matching Grant Program funds for the Elderly and Disabled Demand Responsive Transportation; and

WHEREAS, Section 13b-38bb of the General Statutes of the State of Connecticut created a State matching Grant Program for Elderly and Disabled Demand Responsive Transportation available to any municipality upon application of such municipality; and

WHEREAS, under the provisions of Section 13b-38bb of the General Statutes of the State of Connecticut, the Commissioner of Transportation, State of Connecticut, has established a State Matching Grant Program and determined an allocation amount for each municipality; and

WHEREAS, the Town of CitySouth Windsor is an eligible public body under the provisions of Section 13b-38bb of the General Statutes of the State of placeStateConnecticut and has applied for the matching grant funds allocated

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to Enter into a First Supplemental Agreement with the State of placeStateConnecticut concerning a State Matching Grant Program for Elderly and Disabled Demand Responsive Transportation.

Was made by Councillor Maneeley
Seconded by Councillor McCann

ITEM:

17.     I.  (continued)

Answering questions from the Council Mr. Galligan explained that these services are already provided to the seniors, but there has been a change in the contract which prompted this resolution.

Mayor Streeter called for a vote on the Resolution; it was approved, unanimously.

J.      Resolution Authorizing Town Manager, Matthew B. Galligan to Enter into an Agreement with the State of Connecticut, Department of Public Health

BE IT RESOLVED that the South Windsor Town Council hereby Authorizes Town Manger, Matthew b. Galligan, to make, execute and approve on behalf of the Town of South Windsor, any and all contracts or amendments thereof with the State of Connecticut, Department of Public Health.

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

K.      Resolution Proposing to Amend Ordinances Establishing Various Town Boards, Commissions, or Committees

WHEREAS, it is the desire of the Town Council to reduce the influence of politics on Town business; and

WHEREAS, various town Boards and Commissions are established by Town Ordinance, rather than by Charter or State law; and

WHEREAS, the South Windsor Town Council has jurisdiction to control the makeup of those entities

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby resolves that the Town Attorney shall draft language to amend the Ordinances applied to any such Board, Commission, Committee in the following ways:

ITEM:

17.     K.  (continued)

·       To make the number of members an even number.
·       To provide that Republicans, Democrats, minor party members and unaffiliated voters shall be eligible for appointment.
·       That equality in numbers of Republicans and Democrats shall be maintained at all times.

Was made by Councillor Hale
Seconded by Councillor Pelkey

Councillor Hale explained that this resolution is being proposed to address various issues with respect to memberships on Boards and Commissions.  The idea of this resolution is to have equal number of Republicans and Democrats on Boards and Commissions in order to reduce the political maneuvering after each political season.  Votes should be geared towards the best interest of the Town and not along party lines.  

Councillor Maneeley questioned if there should also be equal unaffiliates on each Board and Commission?  Councillor Hale responded that of course the participation of unaffiliates is welcomed, but there is not a way to mandate participation that gives unaffiliates a guaranteed number of seats since there has not been a large number of unaffiliates that participate.  If that were put into the ordinances, it could also create a problem of not having a quorum.

Councillor Yagaloff asked if the concept with this resolution is to have the Town Attorney identify ordinances and come back with language and the Town Council would have to vote on each ordinance.  Town Manager Galligan stated that is exactly what would happen, but public hearings would also have to be held.

Councillor Yagaloff then said that this would make the Boards and Commissions less political and would send a message that the Town is trying to move forward in a less political manner.  Each ordinance would have to be discussed when they come forward and then Town Council Members could make decisions on those.

ITEM:

17.     K. (continued)

Councillor McCann questioned if Boards and Commissions had equal numbers, how would the Town overcome equal numbers in decisions?  Councillor Hale explained that this would encourage Boards and Commissions to come to consensus, to not vote along party lines and cooperate with each other.

Answering a question from Councillor McCann, Councillor Pelkey stated that if there were a deadlock, the Town Council could intervene.  This resolution would help to try to take politics away from Boards and Commissions.  This was a resolution that was brought forward and could have been brought forward as an ordinance.

Councillor Maneeley asked if this passes now, what would stop the Democrats from changing the ordinances when they are back in power.  Councillor Hale stated that any future Council can do what they feel is necessary.  At this time it is felt this would benefit the Town of placeCitySouth Windsor.  Councillor Yagaloff added that this is meant to reduce politics and allow the Boards and Commissions to work out problems.  

Councillor Pelkey suggested that as part of this ordinance there could be a clause that states any change of this ordinance would take place after the following elective term.

Mayor Streeter said that he would like to see if there are other Connecticut Municipalities that have done this and see how things are running.  He also felt that there would be no mechanism for a Board or Commission member to leave because terms would not expire.  Mayor Streeter stated he has concerns at this point and would not recommend going to the Town Attorney and spending Town funds.

Mayor Streeter then called for a vote on the Motion.  The Motion Passed 6 Ayes to 2 Nays on a Roll Call vote.  This dissenting votes being cast by Mayor Streeter and Councillors McCann.

ITEM:

17.     New Business (continued)

L.      Resolution Authorizing the placePlaceNameSouth Windsor PlaceNamePublic PlaceTypeBuilding Commission to Develop Plans for the Replacement, Expansion, and/or Renovations of the Elementary Schools

BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with the necessary staff to develop programs and plans for replacement, expansion, and/or renovations of the Elementary Schools; and

BE IT FUTHER RESOLVED that the Public Building Commission shall (1) secure architectural services and assess opportunities for Referenda Questions for this project; (2) periodically provide Town Council with progress reports on these projects; and, (3) present its formal report to the Town Council

Was made by Councillor McCann
Seconded by Councillor Pelkey

Answering questions from the Council, Mr. Galligan explained that in the Public Building Commissions budget, there are funds for architectural services.  Tonight the Council would only be authorizing the Public Building Commission to continue moving forward on this project.  The funds in the Public Building Commissions budget have not been exhausted, but if they were, the Town council would have to re-appropriate more money.  Further discussions ensued regarding the amount of money in the fund.

Councillor Havens stated that the important thing presently is that the Town controls the cost as this project proceeds.  The Town should not spend a large sum and then have the referendum fail.

Councillor Pelkey said he would like a presentation done before the Town Council in order to find out answers to certain questions.  Town Manager Galligan suggested amending the resolution to have the Public Building Commission start the process by searching for an architectural firm and then have them come back to the Town Council with an estimated cost.  Councillor Pelkey felt that would be a good plan.



ITEM:

17.     L.  (continued)

Councillor Yagaloff felt that the Town Council though the Mayor should ask the Board of Education what the timing for this referendum is.  Mayor Streeter informed the Council Members that the Board of Education has requested a joint meeting with the Town Council.

Councillor Pelkey made an amendment to the resolution to read as follows:

BE IT FURTHER RESOLVED that the Public Building Commission shall (1) explore the cost of architectural services and report that cost estimate to the Town Council for funding; (2) secure architectural services and assess opportunities for Referenda Questions for this project; (3) periodically provide Town Council with progress reports on these projects; and (4) present its formal report to the Town Council.

                Councillor Havens seconded the amendment.

Councillor Pelkey explained that what he is suggesting with this amendment is to have the Public Building Commission find out how much would be necessary to be spent for architectural services and come back to the Town Council with the cost.  This will let the Town Council now what the funding cost will be.  Mayor Streeter felt it is important to get this moving and the amendment will put a hold on progress.  Councillor Pelkey stated he does not feel the approximate two weeks would delay the project and would like to know the cost prior to voting.

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 11:09 p.m.


Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council