TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 16, 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.; and then recessed the Regular Meeting to finish the Work Session. The Regular Meeting was reconvened at 8:20 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
Mayor Streeter made a motion to Suspend the Rules to go to items 9..; Councillor Havens seconded the motion; and it was approved unanimously.
9. Communications from Officers and Boards Directly Responsible to Council
A. Certificates to be awarded to the Patriotic Commission Essay Winners.
Mr. Robert Moeller, Chair, Patriotic Commission came forward and awarded the certificates to the Patriotic Commission essay winners, which were as follows:
Grades K-2
addressStreetFirst Place CityTyler Stimson Pleasant Valley Grade 1 Age 6
addressStreetSecond Place Daniel J. Milluzzo Phillip R. Smith Grade 2 Age 6
addressStreetThird Place Diya Raman Orchard Hill Grade K Age 5
ITEM:
9. Communications from Officers and Boards Directly Responsible to Council
(continued)
A. Certificates to be awarded to the Patriotic Commission Essay Winners (continued)
Grades 3-5
addressStreetFirst Place Emily Easton Pleasant Valley Grade 3 Age 9
addressStreetSecond Place Jadzea Tully Wapping Grade 4 Age 9
addressStreetThird Place Gabriel S. Milluzzo Phillip R. Smith Grade 4 Age 9
Grades 6-8
addressStreetFirst Place Candice Quarella Timothy Edwards Grade 8 Age 13
addressStreetSecond Place Maddie O’Brien Timothy Edwards Grade 7 Age 12
addressStreetThird Place Sawyer Rioux Timothy Edwards Grade 8 Age 13
B. Awards to be presented by placeSouth Windsor Walk & Wheel Ways to the winners of the Logo Contest
Mr. Robert O’Connor and Mrs. Ginny Hole, placeSouth Windsor Walk & Wheel Ways came forward to announce the winners of the Logo Contest, which were as follows:
1st place – Megan Dzen
2nd place – Mary Kate Harper
3rd place – Sarah Scimone
Honororable mention to: Jennifer Dzen, Max Grossman, Rebekah Hebert, and Connor Duff
5. Public Input
Mr. Roy Normen, addressStreet158 Homestead Drive came before the Town Council to address the issue of the location of the new firehouse. He stated he felt that the new firehouse should remain at the proposed location of addressStreet625 Sullivan Avenue. The Town should wait for approvals from DEP and Army Corp. of Engineers. This option is the most cost effective for the Town. The endangered species could be relocated to another area of open space.
ITEM:
5. Public Input (continued)
Ms. Kate Evans, Executive Director of the South Windsor Chamber of Commerce came forward to speak in favor of the resolution transferring funds to the Town Manager’s Professional Account in order to cover costs associated with the development and implementation of a tourism and retail website including a community calendar. Ms. Evans then explained that the Town would be funding a total of $9,150.00 and the Chamber of Commerce would be funding $9,650.00.
6. Environmental Health & Safety Message
None
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Sessions of May 5, 2008; Public Hearing of May 5, 2008; and Regular Meeting of May 5, 2008.
Was made by Deputy Mayor Prague
Seconded by Councillor Bazzano
The motion was: approved, unanimously
8. Public Petitions
None
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reviewed his written report, (Exhibit A), with the Town Council Members.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
ITEM:
13. Communications and Petitions from Council
Councillor Yagaloff stated he has four items that he would like updated information regarding, which are:
· The Board of Educations surplus that arose because of special education reimbursement.
· A response from the Town Managers letter to Dr. Kozaczka regarding the $491,000 that has to be paid back to the State of StateConnecticut for the PlaceNameplaceTimothy PlaceNameEdwards PlaceNameMiddle School portables.
· The $173,000 that the Board of Education has requested to go back to their budget.
· The Board of Educations referendum status.
Deputy Mayor Prague explained that the surplus that arose because of the special education reimbursement was due to the fact that the Board of Education expected the State to pay for 75% of the fees, but legislature changed to 100%. Then Deputy Mayor CityplacePrague stated that as far as he knew the referendum for the board o Education will be moving forward.
Mayor Streeter stated that the resolution for the Board of Education to have $173,000 put back into their budget was tabled, and was never put back on the table.
14. Public Participation
Mr. Tim Shepard, addressStreet585 Main Street read into the record a letter he sent to the Town Council, Exhibit B.
Mr. Craig Zimmerman, 5A addressStreetAmato Drive came forward and thanked the Town Council for their support of the Indoor Baseball and Softball Batting and Pitching facility.
ITEM:
14. Public Participation
Chief Crombie, Fire Department came before the Town Council to discuss the Fire and Ambulance Facility. He explained that the design has been complete since April of 2007. In those plans there was a lot of hard work put into them to design a building which took every aspect into consideration. Further delays on the construction of this is going to cost the Town more money. There are three alternatives which are: 1) do something with current site and replant the sedge elsewhere; 2) buy addressStreet765 Sullivan Avenue and construct facility there; or 3) search for another potential property on addressStreetSullivan Avenue. Chief Crombie recommended that the Town go forward with the purchase of addressStreet765 Sullivan Avenue. Construction would begin quicker than any other site and
the site is suitable for current design and is an appropriate location.
Mrs. Betty Warren, addressStreet494 Abbe Road came forward and cautioned the Town Council on using Open Space funds for the potential purchase of the firehouse property at addressStreet765 Sullivan Avenue, it would violate the spirit of the referendum money. The intention was for open space projects and she felt the purchase of addressStreet765 Sullivan Avenue does not qualify.
Mr. Jay Knipple, addressStreet52 High Tower Road came forward to discuss Fire Station #3. He stated that the project has been delayed by numerous issues and it is time to move in another direction. The land bought for the firehouse has too many problems and he is in favor of the Town purchasing another property to build the firehouse.
Mr. Larry Skilton, addressStreet72 Brook Street came forward and stated that putting this project off is hurting fire service and raising the cost of the project.
Mrs. Pat Botteran, addressStreet34 Victor Lane and Chair of the Open Space Task Force stated that she is in favor of alternative #2. The Fire Department deserves a firehouse.
Answering questions from the Council, Mr. Galligan explained how the cost per acre was established. The Town would be paying more money for the buildable parcels than for the other parcels.
Mayor Streeter made a motion to continue past 30 minutes. Councillor Hale seconded the motion and it was approved, unanimously.
Mr. Tim Shepard, addressStreet585 Main Street stated that the Town can not pay $163,000 an acre and pass that off as something good for open space.
ITEM:
15. Consent Agenda
None
16. Unfinished Business
A. Resolution Appointing Hugh Brower (D) to the Mass Transit and Highway Advisory Commission
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.
Was made by Councillor Havens
Seconded by Councillor Hale
The motion was: approved, unanimously
B. Discussion Item – A Fresh Approach to Budgeting and Public Input
Deputy Mayor Prague reviewed a draft of “A Fresh Approach to Budgeting and Public Input” that he drafted for a concept to bring before the Town Council, (Exhibit C). A lengthy discussion was held regarding this issue and it was decided that this item would be discussed further in early September. One point that the majority of the Council agreed on was that there is a need for more public dialogue.
Mr. Don Gonsalves, 40 Bayberry Trail came forward. The problem is the public does not get an opportunity to challenge decisions made in a meeting. MDC rates are much less than what residents presently pay for sewers. Mr. Gonsalves then stated that he wants the opportunity to make comments and get answers to questions asked.
Councillor Hale suggested that an amendment be made to the Town Council rules to provide for the public to speak before the Council votes on a resolution.
Councillor Yagaloff informed everyone that a Councillor is allowed to ask for input from anyone they call up to the podium. If the public lets a Councillor know they want to be heard on a certain item, a Councillor could call on that person.
(Discussion Continued on Next Page)
ITEM:
16. Unfinished Business
B. Discussion Item – A Fresh Approach to Budgeting and Public Input (continued)
Councillor Bazzano stated he agrees with Councillor Hale’s suggestion and would like to see that amendment implemented.
This issue will be discussed further at a future meeting.
17. New Business
A. Resolution Authorizing the South Windsor Town Council to Remove Joseph Orsini (R) as an Alternate Member of the Park & Recreation Commission
WHEREAS, under the Town Charter, chapter 5, Section 502 (b), the South Windsor Town Council has the authority to remove any member of a Board, Commission, or Committee appointed by it if such member has absented himself/herself from all meetings of his/her Board, Commission, or Committee for a period of three consecutive months; and
WHEREAS, Mr. Joseph Orsini (R) an Alternate Member of the Park & Recreation Commission has been absent from the Park & Recreation Commission meetings for more than 18 consecutive months; and
WHEREAS, there have been numerous attempts to seek a resignation from Mr. Orsini to no avail
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 502 (b) of the charter, the South Windsor Town Council hereby removes Mr. Joseph Orsini as an Alternate Member of the Park & Recreation Commission effective immediately.
Was made by Councillor Bazzano
Seconded by Councillor Pelkey
The motion was: approved, unanimously
ITEM:
17. New Business (continued)
B. Resolution Appointing Sharon Parlapiano (R) an Alternate to the Park & Recreation 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 Sharon Parlapiano (R) an Alternate to the Park & Recreation Commission for a term ending November 30, 2009, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councillor Maneeley
Seconded by Councillor Hale
The motion was: approved, unanimously
C. Resolution Approving the Transfer of $6,361 from Contingency Account to the Town Manger’s Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $6,361 from the Contingency Account to the Town Manger’s Professional Account, in order for the South Windsor Chamber of Commerce to develop and implement a tourism and retail website including a community calendar.
Was made by Councillor McCann
Seconded by Mayor Streeter
Town Manager Galligan stated that the transfer amount is incorrect, it should be $9,150.
(Resolution Continued on Next Page)
ITEM:
17. C. (continued)
Councillor Pelkey voiced his concerns regarding this resolution and then explained the only way he could support this resolution is to 1) exclude any political ads, political websites, political positions involved on the website; 2) have the Chamber of Commerce identify and hold the Town harmless from any claims or suits; and 3) the Town would not be responsible for any of the content or accuracy. Councillor McCann agreed with Councillor Pelkey's concerns.
Councillor Pelkey made a motion to table this resolution to give the Town Attorney a chance to review and draft language to alleviate concerns. Mayor Streeter seconded the motion and it was approved, unanimously.
D. Resolution Authorizing Town Manager, Matthew B. Galligan, to Submit an Application to the State of Connecticut, Office of Policy and Management for a Grant in the Amount of $15,000 for the Indoor Batting and Pitching Facility and Enter into an Agreement/Contract on behalf of the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby approves the submittal of a grant application to the Office of Policy and Management in the amount of $15,000 for an Indoor Batting and Pitching Facility and that Matthew B. Galligan, Town Manager is authorized to sign grant application and grant award.
Was made by Councillor Pelkey
Seconded by Councillor Bazzano
The motion was: approved, unanimously
ITEM:
17. New Business (continued)
E. Resolution Authorizing the Town Attorney and the Town Assessor to Settle Pending Tax Appeals on behalf of the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Town Attorney and the Town Assessor to settle pending tax appeals on behalf of the Town of CityplaceSouth Windsor as they deem appropriate.
Was made by Councillor Yagaloff
Seconded by Councillor Hale
The motion was: approved, unanimously
F. Resolution Authorizing the Town Manager to Enter into a Contract Between the Town of placeCitySouth Windsor and The National Association of Municipal Employees (Pollution Employees – NAGE Local R1-208)
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manger Matthew B. Galligan to enter into a Contract between the National Association of Municipal Employees (NAGE Local R1-208) and the Town of CityplaceSouth Windsor’s Pollution Control Employees said Contract to be effective for the Period of July 1, 2008 through June 30, 2012.
Was made by Councillor Hale
Seconded by Councillor Yagaloff
The motion was: approved, unanimously
G. Resolution Authorizing the Town Manager to Enter into a Contract Between the Town of CityplaceSouth Windsor and The National Association of Municipal Employees (Community Service Officers – NAGE Local R1-103)
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a Contract between the National Association of Municipal Employees (NAGE Local R1-13) and the Town of placeCitySouth Windsor’s Community Service Officers, said Contract to be effective for the Period of July 1, 2008 through June 30, 2013.
Was made by Deputy Mayor Prague
Seconded by Councillor Bazzano
The motion was: approved, unanimously
ITEM:
17. New Business (continued)
H. Resolution Approving the Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members
BE IT RESOLVED that the South Windsor Town Council hereby approves the Job Classification and Fringe Benefit Description for Non-Bargaining Unit Members for Fiscal Years 2008/2009 and 2009/2010.
Was made by Councillor Maneeley
Seconded by Mayor Streeter
The motion was: approved, unanimously
I. Resolution Approving a Refund of Taxes to Thirty-Four (34) placeSouth Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to thirty-four (34) South Windsor Residents, the total of said refunds being $11,392.97, and as more fully described on attached Exhibit D.
Was made by Councillor Havens
Seconded by Mayor Streeter
The motion was: approved, unanimously
J. Discussion Item – addressStreet765 Sullivan Avenue and addressStreet625 Sullivan Avenue
Councillor Bazzano questioned if the sedge on parcel addressStreet625 Sullivan Avenue were relocated to another parcel, would the parcel be suitable for the firehouse? Mr. Jeff Folger, Environmental Planner/Conservation Officer explained that the Town has a draft set of plans that to his knowledge meets the requirements of the Fire Chief and the Public Building Commission. There would be a need for a mitigation plan to mitigate the unavoidable disturbances to the wetlands and a portion of the endangered species on the site. The regulatory agencies have agreed that if the Town prepares a management plan that addresses the endangered cluster sedge that would be sufficient. It has also been agreed upon that would also be suitable to address the wetland
(Discussion Continued on Next Page)
ITEM:
17. J. (continued)
disturbances on the site. In order for the sedge to be moved to another location, the town would first have to acquire suitable land, develop a management plan and submit an application to the State that would be
subject to review by the DEP Engineering staff. This process is estimated to take between 6 months to 1 year. The sedge could be transplanted generally during a growing season which is between June to July. Breaking ground at this property would probably be it the spring of next year.
The property at addressStreet765 Sullivan Avenue would need to go through local approval, but would not require State or Federal regulatory agencies approval. It is unlikely that the clustered sedge would develop on this property because this property was a farm field that has recently been plowed and there has not been an opportunity for any kind of plant community to re-establish itself. The approval process through the town agencies would only take approximately two to three months. Mr. Jeff Folger explained to the Council the factors involved that would determine if the State would be required to review a property.
Answering further questions from the Council, Mr. Galligan explained that part of the purchase agreement for the property at addressStreet765 Sullivan Avenue would be for the current owner of the property to get rid of any structures on the property and any asbestos problem. When the new firehouse is constructed on this property, the town can then turn around and sell the property where the current firehouse is located and addressStreet625 Sullivan Avenue. These properties will then be able to go back into the tax rolls as commercial property.
Chief Crombie came forward to answer questions from the Town Council, he stated that it is not critical to have the ambulance and firehouse facilities on the same site, but based upon the wording that was used for the referendum, and the Public Building Commission designed the facility to meet the criteria. There have been many alternatives discussed to try to make the site at addressStreet625 Sullivan Avenue work, but the final plan was felt to be the best alternative.
Council members had discussions regarding the costs and time frames associated with each alternative.
ITEM:
17. New Business (continued)
Councillor Pelkey made a motion to remove Item 17. C. from the table. Deputy Mayor Prague seconded the motion and it was approved, unanimously.
C. Resolution Approving the Transfer of $6,361 from Contingency Account to the Town Manager’s Professional Account
BE IT RESOLVED that the placeSouth Windsor Town council hereby approves a transfer of $6,361 from the Contingency Account to the Town Manager’s Professional Account, in order for the South Windsor Chamber of Commerce to develop and implement a tourism and retail website including a community calendar.
Councillor Pelkey suggested the following amendments:
1. Change the amount to be transferred to $9,150.
2. Add, BE IT FURTHER RESOLVED that contingent upon an agreement between the Town of placeCitySouth Windsor and the South Windsor Chamber of Commerce the following terms must be included:
a. No political advertisements or endorsements shall be allowed upon the website;
b. The Chamber of Commerce shall identify and hold the Town harmless from any claims or suits which may be filed against it due to any decisions to allow or disallow information upon the website; and
c. The agreement shall state that the Town of placeCitySouth Windsor shall not be responsible for the content of the website and shall make no representation as to the accuracy of any material or information set forth on the website.
Councillor McCann seconded the amendments and it was approved, unanimously
ITEM:
17. C. (continued)
Councillor Hale suggested an Amendment which would state that no member of the Chamber Board of Directors who is an elected official would be able to have any input on the content or operation of this site. Councillor Pelkey seconded the Amendment.
Councillor McCann opposed the Amendment because he feels placeSouth Windsor is a small town and the people who get involved are involved with a number of items in town. Councillor Yagaloff felt that this Amendment would show that the Town Organizations are not being political.
Mayor Streeter called for a vote on the Amendment, it failed on a Roll Call vote of 3 to 6 with the dissenting votes being cast by Mayor Streeter, Deputy Mayor Prague, Councillors Bazzano, Maneeley and McCann.
Mayor Streeter then called for a vote on the Amended Resolution, it was approved, unanimously.
Councillor McCann made a motion to Suspend the Rules to add Item 17. L.. which would be for a discussion on the status of the Food and Fuel Bank, and Item 17. M. which would be for an appropriation or transfer of $5,000 from the Contingency Account to the Human Services Account for the Food and Fuel Bank. Mayor Streeter seconded the motion and it was approved, unanimously.
K. Resolution to Move Forward with the placePlaceNameFirehouse PlaceTypeBuilding Project
WHEREAS, the voters of placeSouth Windsor in 2005 approved a referendum for the building of a new firehouse; and
WHEREAS, the Town Council has purchased land on addressStreetSullivan Avenue as the location for the proposed firehouse; and
WHEREAS, the Town encountered significant delays in achieving approvals from the Connecticut Department of Environmental protection and the Army Corp of Engineers to go forward with the building at that site due to the existence of an endangered sedge plant on the site; and
(Resolution Continued on Next Page)
ITEM:
17. K. (continued)
WHEREAS, the Town Council’s proposal to go forward with the purchase of the alternative site at the corner of West Road received a negative recommendation from the Planning and Zoning Commission upon Referral under Statute 8-24; and
WHEREAS, the Town Council may now proceed with the alternative site only upon an affirmative vote of two-thirds of the Council
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby resolves to adopt the following course of action: (Council to choose either alternative during the meeting):
Alternative One: Proceed with the planned purchase of the alternative site at the corner of addressStreetWest Road, (this requires a 2/3 vote), or
Alternative Two: Proceed with all possible speed to apply to the Connecticut DEP and Army Corp of Engineers for approval to relocate the sedge to a site to be identified.
Was made by Councillor Hale
Seconded by Mayor Streeter
Councillor Havens recused himself from this Resolution due to a conflict of interest.
Councillor Hale stated she wanted this resolution on the agenda in order to facilitate the Town Council’s decision on one of the alternatives.
Mayor Streeter recessed the meeting in order to hold a caucus. The meeting reconvened at 10:54 p.m.
Councillor Hale stated that all alternatives have been considered and she feels there is no other reasonable alternative other than alternative one.
Councillor Yagaloff urged Council Members to choose alternative one, but felt that some of open space funds should be replenished.
(Resolution Continued on Next Page)
ITEM:
17. K. (continued)
Mayor Streeter made a motion to extend the meeting past 11:00 p.m.; Councillor McCann seconded the motion, and it was approved, unanimously.
Councillor McCann stated that his main goal is to get the firehouse built, but he is concerned with alternative one because it is an area that has had no environmental studies done on it. Councillor McCann opposed alternative one and urged Council Members to go with alternative two.
Councillor Pelkey felt that the Town Council should vote for alternative one.
Councillor Bazzano voiced concerns with alternative one and stated he would not support that alternative.
Deputy Mayor Prague said that if the firefighters want alternative one he would support that alternative, but felt that open space funds should not be used.
Councillor Havens requested the Town Attorney’s opinion on whether he would be able to vote on this. Mayor Streeter recessed the meeting at 11:05 p.m. in order to receive a legal opinion regarding Councillor Havens request. The meeting reconvened at 11:22 p.m. Town Attorney Duncan Forsyth gave his opinion that he felt Councillor Havens could proceed to vote.
Council Members discussed the alternatives and the ability to keep alternative two open in case there are problems with alternative one. Mr. Doolittle came forward and explained that if the Town Council would like to proceed with alternative one, an engineered plan would need to be prepared of that site. The existing site plan does fit but would need to be modified a little bit. Then the Town would have to go through the local approvals from the IWA/CC and P & Z Commission. The Town could then proceed with construction if no other issues arose. With alternative two the Town would have to find a mitigation site and reapply to the DEP for approval.
Attorney Forsyth stated that once the Town has a signed contract with the property owners of addressStreet765 Sullivan Avenue, then an application can go forward to the IWA/CC and P & Z Commission.
(Resolution Continued on Next Page)
ITEM:
17. K. (continued)
Mayor Streeter called for a vote on the Alternative One, it passed on a Roll Call vote of 6 to 3 with the dissenting votes being cast by Councillors Bazzano, Maneeley and McCann.
L. Discussion Item – placeSouth Windsor Food and Fuel Bank
Councillor McCann stated that Council Members should give consideration of transferring $5,000 to the Food and Fuel Bank from the Contingency Account. The Contingency Account presently has $14,867.23 for fiscal year 2007/2008.
M. Resolution Approving the Transfer of $5,000 from the Contingency Account to the placeSouth Windsor Food and Fuel Bank Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $5,000 from the Contingency Account to the South Windsor Food and Fuel Bank Account and postpones consideration until the next regularly scheduled meeting.
Was made by Councillor McCann
Seconded by Councillor Hale
The motion was: approved, unanimously
22. Motion to Adjourn
At 11:50 p.m., Mayor Streeter made a motion to adjourn the Regular Meeting; Councillor Hale seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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