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Town Council Regular Meeting 5-19-2008
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  May 19, 2008

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

1.      Call Meeting to Order

Mayor Streeter called the Regular Meeting to order at 8:00 p.m.

4.      Roll Call

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

Also Present:           Matthew B. Galligan, Town Manager

Following the Roll Call, Mr. Michael Gantick, Director of Public Works came forward to present individuals with awards in the categories of Business Partners, Citizens and Employee’s as part of the National Public Works Week.

5.      Public Input

State Representative William Aman came before the Council to update Council Members on the different bills that are before the Senate that could affect the Town of placeCitySouth Windsor.

Councillor Pelkey made a motion to Suspend the Rules to go to items 17. C.; Councillor Bazzano seconded the motion; and it was approved unanimously.

ITEM:

17.     New Business

C.      Resolution Granting a “South Windsor Citizen Matching Mini-Grant” to the Golf For The Kids Foundation to Assist in Funding for an Addition to “My Friend’s Place”, Boundless Playground

WHEREAS, the South Windsor Town Council created a “South Windsor Citizen Matching Mini-Grant Program” on June 20, 2005; and

WHEREAS, Golf for the Kids Foundation, c/o Mr. Alan Osit, has duly submitted a proper application for matching funds in the amount of $5,000 to purchase and construct a 24’ x 24’ pavilion with picnic tables, pathway to a tree-shaded area, benches, and a  butterfly garden; and

WHEREAS, this addition will be known as “Jacob’s View”, in memory of Jacob Osit; and

WHEREAS, Town Manager Matthew B. Galligan has reviewed and approved this project and application and has determined that it meets all of the criteria of the “South Windsor Citizen Matching Mini-Grant Program”

NOW, THEREFORE, BE IT RESOLVED that the placeSouth Windsor Town Council authorizes Town Manager Matthew B. Galligan to issue $5,000 of matching funds to Golf for the Kids Foundation, c/o Mr. Alan Osit from the “South Windsor Citizen Matching Mini-Grant Program”.

Was made by Councillor Pelkey
Seconded by Councillor

Mrs. Sally Osit came before the Town Council and stated that these funds would be used to place an addition onto the “My Friends Place”, Boundless Playground.  This area will be named “Jacob’s View”, in memory of her child Jacob who passed away in August of 2007 from cancer.  

Answering questions from the Council, Mrs. Osit explained that if anyone would like to donate to this cause, they can send a check written to “Golf for the Kids Foundation” and the name of this project should be placed on the check.  There are events throughout the year that individuals can attend to help support “Golf for the Kids Foundation.  The target date for completion of this current project is on the one year anniversary (6/30/08) of when the Boundless Playground opened.

ITEM:

17.     C.      (continued)

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

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

        Mr. Robert Moeller, Chair, Patriotic Commission came forward to discuss events that have taken place and inform the Town Council of upcoming events.

10.     Communications and Reports from Town Manager

        Mr. Galligan reviewed his written Town Manager’s Report with Council Members, (Exhibit A).

        Councillor McCann felt that a Space Needs Committee Meeting should be held to review plans for the Town Hall Annex.  Councillor McCann also requested that during the addressStreetMiller Road drainage project road closures be limited, as this road is a major thoroughfare.

Councillor Bazzano questioned if there has been anything new to report regarding the Mobil Station on addressStreetOakland Road.  Mr. Galligan explained that there has been no new information.  He then stated that he will have Jeff Folger get an update and will get back to the Town Council with any information.

ITEM:

11.     Reports from Standing Committees

        None

12.     Reports of Temporary Committees

        None

13.     Communications and Petitions from Council

        Councillor Hale informed the public that the bulk of the funds from the Strawberry Festival go to the Republican Town Committee.  The information in the brochure that is being circulated has obscure information.

        Mayor Streeter stated that he attended an Eagle Scout Award presentation for Jonathan Goldfarb on May 4, 2008 and then on May 18, 2008 he attended a Gold Award Ceremony for Sarah Sieminski and Romana Haider.  

Councillor Pelkey said he attended the Cultural Fair at placePlaceNameSouth Windsor PlaceTypeHigh School.  It was a great event which included viewing booths that displayed the cultures of different countries, cultural dances, and food from different countries.

14.     Public Participation
        
        Mr. Don Gonsalves, 40 Bayberry Trail came forward.  He stated on April 17, 2008 he wrote a letter to the Town Council asking to be put on the agenda.  He stated he is upset the way public hearings are held in the Town of placeCitySouth Windsor.  Residents can make comments but no answers are given.

Mayor Streeter stated that this item would be put on the June 2, 2008 meeting agenda.

ITEM:

15.     Consent Agenda

        Motion to approve Agenda Items 16. A and 16. B. as the consent agenda.

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

16.     Unfinished Business

*A.     Resolution Appointing Diane Gerber (D) to the South Windsor Alliance for Families

BE IT RESOLVED that the South Windsor Town Council hereby appoints Diane Gerber (D) to the South Windsor Alliance for Families for a term ending September 1, 2009 to fill an expired term.

(APPROVED BY CONSENT AGENDA)

*B.     Resolution Appointing Evelyn Marrero (D) to the South Windsor placeCityAlliance for Families

BE IT RESOLVED that the South Windsor Town Council hereby appoints Evelyn Marrero (D) to the South Windsor Alliance for Families for a term ending September 1, 2008 to fill an expired term.

(APPROVED BY CONSENT AGENDA)
          C.    Resolution Appointing a Rate Maker for Fiscal Year 2008/2009

BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate maker for Fiscal Year 2008/2009.

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

ITEM:

17.     New Business

A.      Resolution Authorizing the Town Manager to Contribute $2,000 to PlaceNameplaceSouth Windsor PlaceTypeHigh School’s 2008 “Operation Graduation Fund”

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to transfer $2,000 from the Contingency Fund to the Town Manager’s Professional Account – said $2,000 to then be used as the Town’s contribution towards placePlaceNameSouth Windsor PlaceTypeHigh School’s 2008 “Operation Graduation Fund.”

Was made by Councillor Maneeley
Seconded by Councillor McCann
The motion was: approved, unanimously

B.      Resolution Approving a Policy to Fully Fund the Annual Required Contribution (ARC) to the Defined Benefit Plan

WHEREAS, the Town of placeCitySouth Windsor has always been fiscally responsible; and

WHEREAS, although there is no actual requirement to fund the ARC in Governmental Accounting standard Number 27, the Rating Agencies strongly emphasize funding the ARC; and

WHEREAS, the Town at a minimum wants to maintain its bond ratings with Moody’s Investors Service and Standard & Poor’s; and

WHEREAS, the Town Council would like to establish a policy to address funding the ARC

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the Pension Funding Policy, as shown in attached Exhibit C.

Was made by Councillor McCann
Seconded by Councillor Pelkey

ITEM:

17.     B.      (continued)

Councillor Yagaloff stated he would not support this resolution and felt that this item should have been addressed in the budget.  

Councillor Hale concurred with Councillor Yagaloff stating that it was irresponsible to not fund this in the budget that was just passed one week ago, and she would be opposing this item also.

Mayor Streeter stated that this item is being done at the recommendation of with the Town Manager to enable the pension funds to be fully funded to the ARC limit over the next three years.

Councillor Pelkey suggested a friendly amendment which would remove the following:  WHEREAS, the Town of placeCitySouth Windsor has always been fiscally responsible.

Councillor McCann said it would be in the best interest of the Town to adopt this policy and would be supporting this resolution.

Mayor Streeter called for a vote on this Resolution with a friendly Amendment; it passed on a Roll Call of 6 to 3 with the dissenting votes being cast by Councillors Hale, Pelkey and Yagaloff.

D.      Resolution Referring the Town of South Windsor’s two parcels (parcels 1 & 2) at Evergreen Walk to the Planning and Zoning Commission Pursuant to the Requirement of Section 8-24 of the Connecticut General Statutes

WHEREAS, the shopping center and lifestyle center known as “Evergreen Walk” on Buckland Road has contributed to the economic development of the Town of South Windsor; and


(Resolution Continued on Next Page)

ITEM:

17.     D.      (continued)

WHEREAS, the Town of CityplaceSouth Windsor owns two small parcels of land shown as “Parcel 1 and Parcel 2” on a certain map entitled “Map Showing Easements To Be Acquired From Town of South Windsor, addressStreetBuckland Road CitySouth Windsor, StateConnecticut, Proj. No. 2000 481 A10, Dated:  10/23/03, Sheet 1 of 2”, Prepared by Fuss & O’Neill Inc., Consulting Engineers, which map is on file on the South Windsor Town Clerk’s Office as Map No. 3021, said two parcels of land being located at and near the entrance to Tamarack Avenue from Buckland Road and in an area abutting Buckland Road; and

WHEREAS, the South Windsor Town Council, on behalf of the Town, desires to grant temporary and permanent easement rights to Evergreen Walk Lifestyle Center, LLC and Evergreen Walk Master Association, Inc., or their designees, over these Town parcels for the purposes of open space, storm water management, infrastructure improvements, grading, parking, maintenance of landscaping, public access, ingress and egress as all may be necessary in furtherance of the development of Evergreen Walk and any and all traffic signalization and safety improvements as may be required by the State of Connecticut, Department of Transportation from time to time.

NOW, THEREFORE, BE IT RESOLVED that the above proposed easements are submitted to the Planning & Zoning Commission pursuant to Connecticut General Statutes, Section 8-24 for its report within 35 days as provided by statute.

Was made by Councillor Bazzano
Seconded by Deputy Mayor Prague

Councillor Yagaloff offered an Amendment that would eliminate, “of the development of Evergreen Walk”, and insert, “necessary and furtherance of the best interest of the Town of placeCitySouth Windsor”.  Councillor Yagaloff felt that this amendment would still allow the Town to accomplish the referral.  The Town is not trying to promote a business here; the Town is trying to promote the interest of placeSouth Windsor.  Councillor Pelkey seconded the Amendment.

ITEM:

17.     D.      (continued)

Town Manager Matthew Galligan said he would not have a problem with that Amendment because the idea was to have better traffic control for the Town.

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

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

E.      Resolution Referring the Town of South Windsor’s parcel (parcel 3) at Evergreen Walk to the Planning and Zoning Commission Pursuant to the Requirement of Section 8-24 of the Connecticut General Statutes

WHERREAS, the shopping center and lifestyle center known as “Evergreen Walk” on Buckland Road has contributed to the economic development of the Town of South Windsor; and

WHEREAS, additional land adjacent to Evergreen Walk will be developed in the future which will also contribute to the economic development of the Town of South Windsor; and
                
WHEREAS, the Town of South Windsor owns a small parcel of land shown as Parcel 3 on a certain map entitled “Compilation Plan Town of South Windsor Map Showing Land Released to the Town of South Windsor by the State of Connecticut, Department of Transportation, Buckland Road Scale 1” = 40’, Aug. 2000, James F. Byrnes Jr., Chief Engineer – Bureau of Engineering and Highway Operations”, which map is on file in the South Windsor Town Clerk’s Office as Map No. 2975, said parcel being located in an area abutting Buckland Road; and


(Resolution Continued on Next Page)


ITEM:

17.     E.      (continued)

WHEREAS, the South Windsor Town Council, on behalf of the Town, desires to grant temporary and permanent easement rights to Evergreen Walk LLC, or its designees, over this Town parcel for the purposes of open space, storm water management, infrastructure improvements, grading, parking, maintenance of landscaping, public access, ingress and egress as all may be necessary in furtherance of the development of Evergreen Walk and any and all traffic signalization and safety improvements as may be required by the State of Connecticut, Department of Transportation from time to time

NOW, THEREFORE, BE IT RESOLVED that the above proposed easements are submitted to the Planning & Zoning Commission pursuant to Connecticut General Statutes, Section 8-24 for its report within 35 days as provided by statute.

Was made by Councillor Yagaloff
Seconded by Councillor McCann

Councillor Yagaloff made an Amendment which would eliminate, “of the Development of Evergreen Walk”, and insert, “in furtherance of the best interest of the Town of placeCitySouth Windsor”.  Councillor Pelkey seconded the Amendment and it was approved unanimously.

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

F.      Resolution Approving the Spending of $173,093 of Prior Year Encumbrances for Purposes Other Than those Originally Intended

WHEREAS, the South Windsor Board of Education had $991,391.11 encumbered at the end of the 2006/2007 fiscal year; and

WHEREAS, the South Windsor Board of Education has stated that $173,093 of the 2006/2007 encumbrance is not needed for its originally intended purpose;

(Resolution Continued on Next Page)
ITEM:

17.     F.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Board of Education to spend the $173,093 in the current fiscal year for purposes other than those originally intended.
Was made by Deputy Mayor Prague
Seconded by Councillor Hale

Councillor Hale stated that she would be supporting this resolution of giving $173,093 back to the Board of Education because if more money was needed in the fund balance, it should have been done during the budget process.

Mr. Galligan explained that this item has been out there because of an encumbrance that happened in fiscal year 2006/2007, not this fiscal year.   The reason Mr. Galligan stated he does not support this resolution is because this amount is reflected in the Capital Budget as a line item.

Councillor Yagaloff stated that he agrees with the Town Manager and does not believe the Town Council can do this.  The budget has been passed and there would be only two options available to the Town Council to do it within the Town Charter, which are:  1) to put out for referendum, or 2) to reopen the existing budget to change the amount that is allocated in the budget and then to set a new mill rate.  The Town Council can not agree to allow the Board of Education to keep an encumbrance from two years ago, the money is gone.

Councillor Pelkey felt the timing on this is not good because the money is already in the Fund Balance and should remain there.  The other concern is that the Town Council has no real control over what this money will be spent on.

Councillor Havens stated he would not support this and felt the money should be left in the Fund Balance.

Mayor Streeter made a motion to table this item.  Councillor McCann seconded the motion and it passed on a Roll Call vote of 6-3 with the dissenting votes being cast by Havens, Hale, and Pelkey.

ITEM:

G.      Resolution Authorizing Town Manager, Matthew B. Galligan, to Submit an Application Package to the State Office of Policy and Management for funding under the Regional Performance Incentive Grant Program and Enter into an Agreement on behalf of the Town of South Windsor

WHEREAS, Public Act 07-239 passed by the Connecticut General Assembly provides statewide $8.6 million in incentive grants to regional planning organizations for projects that involve shared services; and

WHEREAS, the Capitol Region Council of Governments is acting as a convener and facilitator of service sharing projects around the CRCOG region; and

WHEREAS, on November 13, 2007 the Policy Board of CRCOG passed a resolution authorizing development and submittal of an application package to the State Office of Policy and Management for funding under the Regional Performance Incentive Grant Program, on behalf of the Council’s member municipalities, and municipalities of other regions, which are participating in Council initiatives; and

WHEREAS, the Chief Elected Officials and municipal staff of the Capitol Region have developed a list of service sharing project proposals that will be included in this application package, to the benefit of individual municipalities and the region as a whole; and

WHEREAS, the Town of placeCitySouth Windsor has expressed an interest in taking part in the proposal entitled “Digital Health Departments”

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby endorses the above referenced Regional Performance Incentive Program project proposal and authorizes Town Manager, Matthew B. Galligan to sign all necessary agreements and take all necessary actions to allow for the Town’s participation in this program.

(Resolution Continued on Next Page)

ITEM:

17.     G.      (continued)

Was made by Councillor Hale
Seconded by Councillor Pelkey

Councillor Hale explained that this project involves computer digitizing software and hardware for computer support for the Health Department so that the Town can share information more easily with other Towns.

Mr. Galligan explained the program further saying that this program will eventually allow Town’s to track outbreaks that may occur.   Answering a question from Councillor McCann, Mr. Galligan explained that in the future the Town may have some shared maintenance costs.  If there are updates, the Towns will be charged based upon the use.

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

18.     Passage of Ordinance

None

19.     Communications and Petitions from Council (Continued)

none

20.     Communications and Reports from Town Manager (Continued)

Complete

21.     Executive Session

Deputy Mayor Prague made a motion to go into Executive Session at 9:30 p.m. to discuss an “Agreement Between the Town of South Windsor and NAGE Local R1-103”; Councillor Maneeley seconded the motion; it was approved, unanimously.

The following individuals went into Executive Session:  Town Manager Matthew Galligan, Mayor Streeter, Deputy Mayor Prague, Councillors Hale, Havens, Bazzano, Maneeley, McCann, Pelkey, and Yagaloff.



ITEM:

22.     Motion to Adjourn

The Executive Session and Regular Meeting were both adjourned at 9:55 p.m.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council