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Town Council Regular Meeting 6-2-2008
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  June 2, 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 8:21 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
                                Duncan Forsyth, Town Attorney

5.      Public Input

None

6.      Environmental Health & Safety Message

Councillor Hale informed the public and Town Council that due to the air quality, it can be unhealthy to be outside on certain days for certain people with different health problems.  There is a website to check where residents can check to see if there will be dangerous air pollution levels on certain days which is www.enviroflash.info/signup.


ITEM:

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 21, 2008, and April 28, 2008; Public Hearing of April 21, 2008, Regular Meeting of April 21, 2008, and Special Meeting of April 28, 2008.

Was made by Councillor Havens
Seconded by Councillor

8.      Public Petitions

        None

9.      Communications from Officers and Boards Directly Responsible to Council

        Mrs. Jan Murtha, Chairperson of the Economic Development Commission came forward and stated that the EDC has been working with the Chamber of Commerce on a tourism website.  Mr. Peter DeMallie who has been chairing the Committee is available tonight to address this subject.

Mr. Peter DeMallie came forward and explained that this website is being developed to grow local economy in placeSouth Windsor.  Mr. DeMallie also reviewed the business plan and the revenues and expenditures necessary to enable the creation of this website, (Exhibit A).  The Town would contribute 49% which would equal $6,321 and the Chamber of Commerce would contribute 51% which would equal $6,579.

Mrs. Jan Murtha, Chair of Economic Development Commission stated that the Economic Development Commission endorses this concept and feels that it would be a benefit to the town to keep existing businesses in town.  She informed the Town Council that the Chamber of Commerce will not help finance this project unless the town does.

Various questions were answered.  

Councillor Hale felt that it sounds like a good business plan, but she feels the Chamber should do this and not the town.  

ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council (continued)

Councillor Pelkey also stated that since there is a link to the Chamber of Commerce website, which takes political views on issues, it should not be the towns business to get involved.  This is a great plan if the Chamber of Commerce wants to run this website along with different businesses in town.     

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

17.     New Business

B.      Resolution Authorizing a Grant in the Amount of $100,000 to the placePlaceNameSouth Windsor PlaceTypeLand Trust for the Purchase of a Two Acre Parcel

WHEREAS, the South Windsor Land Trust has entered into negotiations with the J.E. Shepard Company, the Peck Family and the Raymond Family with regard to the placement of open space conservation easements on various properties located with the East Windsor Hill Historic District; and

WHEREAS, the South Windsor Land Trust has the opportunity to purchase a two acre parcel presently owned by the J.E. Shepard Company and place open space conservation easement on said property; and

WHEREAS, upon purchase, said property would be conveyed to the Peck Family which owns an abutting two acre parcel immediately to the west in exchange for open space conservation easements in favor of the South Windsor Land Trust and the Town of South Windsor and, as a result of said conveyance, the four acres owned by the Peck Family and the 6.5 acre parcel immediately the south and currently owned by the Raymond Family would all be subject to open space conservation easements; and

WHEREAS, such open space conservation easements would be beneficial to the Town of placeCitySouth Windsor since these properties are located within the East Windsor Hill Historic District and would remain in their natural state and be protected from future development

(Resolution Continued on Next Page)

ITEM:

17.     B.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes a grant in the amount of $100,000.00 to the South Windsor Land Trust for the purchase of two acre parcel currently owned by the J.E. Shepard Company which abuts U.S. Route 5, subject to the following conditions:

1.      Open space conservation easements are placed upon the J.E. Shepard Company parcel in favor of the South Windsor Land Trust and the Town of placeCitySouth Windsor.

2.      Said parcel shall not be conveyed by the South Windsor Land Trust to the Peck Family until the Peck Family has executed open space conservation easements in favor of the South Windsor Land Trust and the Town of South Windsor for their two acre parcel which abuts Sullivan Avenue, and the Raymond Family has executed an open space conservation easement in favor of the Town of South Windsor for their 6.5 acre parcel which is identical to the easement previously granted to the South Windsor Land Trust.

3.      The Town Manager and the Town Attorney are authorized to execute any and all documents necessary to fulfill the conditions set forth in this resolution.

Was made by Deputy Mayor Prague
Seconded by Councillor Hale

Deputy Mayor and Councillor Hale both stated they would be supporting this resolution because they feel it is very important to protect this land.  There was a discussion held on how the conservation easements would be placed on the property.

Answering questions from Councillor McCann, Mr. Galligan responded that the funding for the purchase of this property and obtaining conservation easements would come from the Open Space fund.

Councillor Yagaloff stated that the town is not buying the property; the town is giving a grant in order for the property to be purchased by a private entity subject to the conservation easements.  There is a total of 10.5 acres that are subject to conservation easements.  

ITEM:

17.     B.      (continued)

No public came forward on this issue.

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

Councillor Hale requested that the Council move to Item 17. A. prior to 17. C.  Mayor Streeter agreed that the Council could.

A.      Resolution Appointing Hugh Brower (D) to the Mass Transit and Highway Advisory 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 Hugh Brower (D) to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2011, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

C.      Discussion Item – Improvements to walking & biking conditions throughout the Town, (“placeSouth Windsor Walk & Wheel Ways”, a sub-committee of the Park & Recreation Commission, to be present)

Mr. Roy Norman, addressStreet158 Homestead Drive came forward and stated that there are no trails in town where children can ride safely.  There has been survey work done around placeSouth Windsor and an updated presentation will be given to the Town Council.

Mrs. Ginny Hole and Skip Bourke came forward to present a power point presentation regarding walking and biking trails throughout the town.  Council Members asked various questions and all spoke in favor of this concept.  Councillor Hale suggested that in future endeavors a pedestrian and motorized chair access at the intersection in the center of Town be discussed.  Mayor Streeter thanked the Committee and stated the Council would be looking forward to seeing the master plan.


ITEM:

17.     New Business (continued)

E.      Resolution Referring the Installation of Synthetic Turf on the Town Multi-Purpose Fields and the Stadium Field at South Windsor High School to the Planning and Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes

WHEREAS, the playing fields at South Windsor High School are constantly used by a number of sports teams, bands, and physical fitness classes from early spring to late fall; and

WHEREAS, such constant use provides little time for maintenance and rejuvenation of said fields; and

WHEREAS, condition of said fields may become a safety issue; and

WHEREAS, the Town of CitySouth Windsor has been asked to consider the installation of synthetic turf for both Multi-Purpose Fields, and the Stadium Field at placePlaceNameSouth Windsor PlaceTypeHigh School in order to provide safe playing surfaces for all seasons

NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan, is directed to refer the installation of synthetic turf on the two Multi-Purpose Fields and the Stadium Field at PlaceNameplaceSouth Windsor PlaceTypeHigh School to the Planning and Zoning Commission pursuant to Section 8-24 of the Connecticut General Statutes.

Was made by Mayor Streeter
Seconded by Councillor McCann

Councillor Havens stated he felt that the fields should be repaired, but not in this manner and this item is not a priority.  A public hearing should be held on this item or this could be put on the Capital Projects list later.  Councillor Havens said he would not be supporting this item.

Councillor McCann stated he would support this project and the Town Council already supported getting bids and specifications back.  There were five public meetings where residents could give input and only one resident opposed this project.  This is a matter of safe playing fields for students and he will be supporting this item.


ITEM:

17.     E.      (continued)

Councillor Yagaloff said he would not feel comfortable voting on this tonight because he feels that the town should have the RFP’s back before voting on an 8-24 referral.

Councillor Bazzano said he would support this resolution.  The regular grass does not hold up based on the use it gets.

Mayor Streeter called for a vote on this Resolution, it passed on a Roll Call vote of 6-2 with 1 abstention with the dissenting votes being cast by Havens and Yagaloff.  Councillor Hale abstained.

H.      Resolution Referring the Possible Acquisition of 765 Sullivan Avenue to the Planning and Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes

WHEREAS, the Town of South Windsor and A.F. Associates have entered into discussions regarding the purchase of a 26.5 acre parcel located at 765 Sullivan Avenue, South Windsor, Connecticut; and

WHEREAS, the purchase of said property would be of substantial benefit to the Town of placeCitySouth Windsor and its citizens

NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan is directed to refer the possible acquisition of said property to the Planning and Zoning Commission pursuant to Section 8-24 of the Connecticut General Statutes; and

BE IT FURTHER RESOLVED that Town Manager, Matthew B. Galligan and Town Attorneys, Halloran and Sage LLP, are authorized to negotiate a contract for the purchase of said property and report back to the Town Council when a contract has been prepared for signing; and

(Resolution Continued on Next Page)
ITEM:

17.     H.      (continued)

BE IT FURTHER RESOLVED that upon approval and said contract by the Town Council, the town Manager and the Town Attorneys are authorized to prepare all documents necessary for the acquisition by the Town of placeCitySouth Windsor of said property.

Was made by Councillor Maneeley
Seconded by Mayor Streeter

Council Members discussed at length their thoughts regarding the firehouse project and although all members want to see this project go forward, some had concerns regarding this property.

Councillor Hale requested that the Town Attorney look to see if there was any negligence on the part of the professionals who advised the Town to go forward with the purchase of addressStreet625 Sullivan Avenue.

Mr. Galligan explained to the Town Council that the Resolution before the Town Council tonight is for a referral to Planning & Zoning Commission.  The Town Council in the future will need to determine the amount of acreage that would be paid for by the General Fund and the amount of acreage that would be paid for by Open Space Funds.

Councillor Pelkey suggested that the Town look for a developer such as the Wentworth Development, to buy the property at addressStreet625 Sullivan Avenue.  This piece of property could be used easily for that type of development.    

Mayor Streeter called for a vote on this Resolution, it passed on a Roll Call vote of 5 to 3 with 1 abstention with the dissenting vote being cast by Councillors Bazzano, Maneeley and McCann.  Councillor Havens abstained.

I.      Resolution Submitting Road and Drainage Capital Improvement Projects to the Planning and Zoning Commission Pursuant to Section 8-24 of the placeStateConnecticut General Statutes

WHEREAS, the Town of South Windsor has a list of Road and Drainage Capital Improvement Projects that were approved for funding by a Bond Referendum that passed in November 2006; and

ITEM:

17.     placeI. (continued)

WHEREAS, the following projects are included on this list and are in the final design and permitting stages:  Felt Road Bridge over Farm Brook, Main Street Bridge over Stoughtons Brook, Deming Street Widening from Calvery Church to Grandview Terrace, Graham Road culvert replacement north of Ayers Road, Avery Street Drainage Improvements by Phillip R. Smith School, Nevers Road Drainage Improvements and Reconstruction by Hayes Road; and

WHEREAS, any plan for improvements to Town streets, bridges, culverts, drainage and sewerage systems 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, E IT RESOLVED that the six projects listed above 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 Hale
Seconded by Councillor Pelkey

Councillor McCann suggested the following Amendment.  In the last paragraph at the end it should read, “and consideration of bike and walk pathways to be incorporated”.  Councillor Pelkey seconded the Amendment and it was approved, unanimously.

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

10.     Communications and Reports from Town Manager

Town Manager Matthew Galligan requested that Council Members review the RFQ he handed out and get back to him with any suggestions, questions, or concerns.

Another item handed out was an article titled, “Getting Your Priorities Straight”.  Deputy Mayor Prague has some ideas about ways to change the budget process, but the first order of business should be to discuss where and how Council Members want money spent.


ITEM:

10.     Communications and Reports from Town Manager (continued)

Mr. Galligan informed the Council Members that he would be serving on a Committee established by CRCOG in order to resolve issues with CRRA.

Mr. Galligan also stated that he attended the Planning & Zoning Commission meeting to discuss the Indoor Batting and Pitching Facility.  The Planning & Zoning Commission responded favorably regarding the location of the facility and will be working with town staff to draft a full site plan for review.

Council Members had a lengthy discussion regarding the batting and pitching facility and the artificial turf for the fields at the High School.  Various questions were answered and concerns discussed.

11.     Reports from Standing Committees

        None

12.     Reports of Temporary Committees

        None

13.     Communications and Petitions from Council

Deputy Mayor Prague stated that the Board of Education worked on their budget cuts for 2008/2009 and were able to cut items in the amount of $750,000 without hurting education.  Fourteen new positions have been added.

        Councillor Hale voiced her concerns with the Board of Education budget cuts.

15.     Consent Agenda

None

ITEM:

16.     Unfinished Business

A.      Resolution Appointing Leonard B. Glasser (R) an Alternate to the Patriotic Commission, (postponed from the 5/5/08 meeting)

BE IT RESOLVED that the South Windsor Town Council hereby appoints Leonard B. Glasser (R) an Alternate to the Patriotic Commission for a term ending August 312, 2008 to fill an unexpired term of Paul Mozzicato.

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

D.      Discussion Item – A Fresh Approach to Budgeting and Public Input (Requested by Deputy Mayor Prague)

Mayor Streeter suggested that this item be placed on the next Regular Meeting agenda under Unfinished Business due to time restraints.

F.      Resolution Appointing Blum, Shapiro & Company, P.C. as Town Auditors

BE IT RESOLVED that the South Windsor Town Council hereby appoints the firm of Blum, Shapiro & Company, P.C., of West Hartford, Connecticut, to audit the books and accounts of the Town of South Windsor, as provided in the General Statutes of the State of Connecticut; and

BE IT FURTHER RESOLVED that the fee for said auditing services by Blum, Shapiro & Company, P.C. will be $47,000 for Fiscal Year ending June 30, 2008; and $49,000 for Fiscal Year ending June 30, 2009, and for a term expiring December 2009.

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

ITEM:

17.     New Business (continued)

G.      Resolution Authorizing the Town Manager, Matthew B. Galligan to Enter into a Contract with the State of StateplaceConnecticut, Office of Policy and Management, Criminal Justice Policy and Planning Division for a $10,000 Grant

WHEREAS, the Town of South Windsor has been awarded a $10,000 grant from the State of Connecticut Office of Policy and Management, Criminal Justice Policy and Planning Division; and

WHEREAS, this grant money will be used to fund a program called, “Positive Perspectives on Police and Youth”

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute a contract and any other necessary documents on behalf of the Town with the State of Connecticut, Office of Policy and Management, Criminal Justice Policy and Planning Division.

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

J.      Resolution Authorizing the Town Manager, Matthew B. Galligan to Enter into an Addendum to Agreement of Assignment of Filed Municipal Tax Liens Between the Town of South Windsor and American Tax Funding, LLC

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into an Addendum to Agreement of Assignment of Filed Municipal Tax Liens between the Town of placeCitySouth Windsor and American Tax Funding, LLC, more fully described on attached Exhibit B.

Was made by Councillor Bazzano
Seconded by Mayor Streeter

Councillor Yagaloff stated that he would not support this because of various concerns.


ITEM:

17.     J.      (continued)

Mayor Streeter called for a vote on this Resolution.  It passed on a Roll Call vote of 7-2 with the dissenting votes being cast by Councillors Havens and Yagaloff

K.      Resolution Authorizing the Town Manager to Enter into a Contract for an Historic Documents Preservation grant with the placePlaceNameConnecticut PlaceTypeState Library

WHEREAS, a Public Act Concerning Real Estate Filings and the Preservation of Historic Documents (P.A. 00-146) has established a dedicated fund to improve the care of local government records; and

WHEREAS, said Public Act is intended to assist placeStateConnecticut municipalities in their efforts to preserve and manage their historic documents; and

WHEREAS, said Public Act imposes an additional fee of three dollars ($3.00) to be collected by Town Clerks for the recording of land records, including deeds and mortgages – two dollars of which will be forwarded to the State Library for the funding of this Historic Documents Preservation Account; and

WHEREAS, Public Act 99-146 authorizes the Public Records Administrator of the State Library to provide training and technical assistance and administer a grant program for Connecticut’s municipalities, and authorizes the State Librarian to appoint a committee to advise on the development and implementation of regulations regarding the operation of this grant program

NOW, THEREFORE, BE IT RESOLVED that Matthew B. Galligan, South Windsor Town Manger is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant; and

BE IT FURTHER RESOLVED that said contract shall continue to be in effect until May 31, 2009.

(Resolution Continued on Next Page)
ITEM:

17.     K.      (continued)

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

L.      Resolution Approving a Refund of Taxes to Twenty-Three (23) placeSouth Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty-three (23) South Windsor Residents, the total of said refunds being $7,677.97, and as more fully described on attached Exhibit C.

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

18.     Passage of Ordinance

        None

19.     Communications and Petitions from Council (continued)

        Complete

20.     Communications and Reports from Town Manager (continued)

        Complete


ITEM:

21.     Executive Session       

Deputy Mayor Prague made a motion to go into Executive Session at 10:53 p.m. to discuss an “Agreement Between the Town of South Windsor and Public Works – AFSCME Local 1303-028, Council #4; and discuss Custodial Negotiations.  Mayor Streeter 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.
        
22.     Motion to Adjourn

The Executive Session and Regular Meeting were both adjourned at 11:00 p.m.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council