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Town Council Regular Meeting 7-21-08
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  July 21, 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 in order to finish the Work Session.  The Regular Meeting reconvened at 8:11 p.m.

4.      Roll Call

Members Present:        Mayor Matthew Streeter
Deputy Mayor Cary CityplacePrague
Councillor Gary Bazzano
Councillor Kathryn Hale
Councillor Ed Havens
Councillor Lisa Maneeley
Councillor Kevin McCann
Councillor John Pelkey
Councillor Keith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager
                                Ducan Forsyth, Town Attorney

Prior to the start of the meeting, Deputy Mayor Prague presented certificates to individuals that participated in the project called, “Jacobs View” at My Friend’s Place.  The following individuals received certificates:  The Osit family, Jay Murtha, Todd Mannarino and John Dzen.
                        
5.      Public Input

None

6.      Environmental Health& Safety Message

        Councillor Hale informed the Town Council members that there are four individuals that have volunteered to serve on the 20% by 2010 Clean Energy Task Force whom the Mayor will be appointing officially tonight.  

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 June 16, 2008 and July 7, 2008; Regular Meeting of June 16, 2008.

Was made by Councillor Bazzano
Seconded by Councillor Maneeley
The motion was approved, unanimously
        
8.      Public Petitions

        None

9.      Communications from Officers and Board Directly Responsible to Council

        None

Mayor Streeter made a motion to Suspend the Rules to go to Item 18. A. and 17. E through Item 17. G.; Councillor Pelkey seconded the motion; and it was approved unanimously.

18.     Passage of Ordinance

A.      Resolution Adopting an Amendment to Ordinance #180, an “Ordinance Prohibiting Tractor-Trailer Truck Traffic on portions of addressStreetTroy Road and addressStreetBrookfield Street in the Town of placeCitySouth Windsor

        BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Ordinance #180, an “Ordinance Prohibiting Tractor-Trailer Truck Traffic on portions of Troy Road and Brookfield Street in the Town of South Windsor” said ordinance more fully described in attached Exhibit A., a copy of which is on file in the Office of the Town Clerk.   

Was made by Deputy Mayor Prague
Seconded by Councillor Pelkey

ITEM:

18.     Passage of Ordinance (continued)

Councillor McCann made a motion to Amend the Ordinance.  Mayor Streeter seconded the motion.

The Suggested Amendments were as follows:

·       (1) Troy Road:  Between Sullivan Avenue to addressStreetBrookfield Street within the town except while on a trip with a point of origin from, or destination within said areas.  Penalty violation for each offense:  $89.00.  Should read:  “addressStreetTroy Road:  Between addressStreetSullivan Avenue and addressStreetBrookfield Street”.
·       (2) Troy Road:  Between Brookfield Street and rye Street within the town except while on a trip with a point of origin from or destination within said area.  Penalty violation for each offense:  $89.00.  Should read:  “or destination within Brookfield Street or Troy Road”.
·       (3) Brookfield Street:   Between Troy Road to addressStreetGriffin Road within the town except while on a trip with a point of origin from, or destination within said areas.  Should read:  addressStreetBrookfield Street:  Between Troy Road and addressStreetGriffin Road”.

Answering questions from the Council, Commander Reed explained that when signs were being made to erect on the road, it was realized that a segment of road was not included and that is why this amendment is being suggested.  Signs can not be erected on addressStreetSullivan Avenue because it is a State road.  Commander Reed also informed the Council members that no tickets have been given on addressStreetGovernors Highway which is an area that also prohibits tractor-trailer truck traffic.

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

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

ITEM:

17.     New Business (continued)

E.      Resolution Approving a Tax Assessment Agreement with G & S Scrap Metal, LLC

WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65B, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the town while providing quality goods and services; and

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to G & S Scrap Metal, LLC to construct a 41,568 sq. ft. facility located at addressStreet444 Nutmeg Road North in placeCitySouth Windsor, StateConnecticut at an estimated cost of $2,025,000 in land and building improvements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and G & S Scrap Metal, LLC reducing the amount of the assessment of the new office building and facility to be constructed at 444 Nutmeg Road North, South Windsor, Connecticut, having an estimated improvements assessment of $1,417,500 by 50% for a period of five (5) years; therefore the estimated assessment value of this new facility would be $708,750 for a period of five (5) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in any future revaluation, in which case, the assessed value of said improvements to the real property shall be reduced by 50% of said assessed value after revaluation; and

ITEM:

17.     E.      (continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council offers G & S Scrap Metal, LLC this Tax Assessment Agreement upon the condition that the business shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, G & S Scrap Metal, LLC agrees to refund the Town of South Windsor all of the tax savings described herein which the Company has received.

Was made by Councillor McCann
Seconded by Councillor Pelkey

Councillor Hale stated that she would be abstaining from this item.

Councillor Pelkey stated that doing these types of tax abatements helps to attract different businesses to Town and also helps to keep businesses in Town.

Mr. Craig Stevenson, Economic Development Consultant reviewed the terms of the tax abatement and how it would benefit the business and the Town.

Mayor Streeter called for a vote on this item; it was approved on a Roll Call vote of 8-0 with Councillor Hale abstaining.

F.      Resolution Approving a Tax Assessment Agreement with M & S Paving and Sealing Inc.

WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65B, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and

ITEM:

17.     F.      (continued)

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to M & S Paving and Sealing Inc. to construct a 10,500 sq. ft. facility located at addressStreet97-111 Commerce Way in CityplaceSouth Windsor, StateConnecticut at an estimated cost of $500,000 in land and building improvements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and M & S Paving and Sealing Inc. reducing the amount of the assessment of the new office building and facility to be constructed at 97-111 Commerce Way, South Windsor, Connecticut, having an estimated improvements assessment of $350,000 by 50% for a period of three (3) years; therefore the estimated assessed value of this new facility improvements would be $175,000 for a period of three (3) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in any future revaluation, in which case, the assessed value of said improvements to the real property shall be reduced by 50% of said assessed value after revaluation; and

BE IT FURTHER RESOLVED that the South Windsor Town Council offers M & S Paving and Sealing Inc. this Tax Assessment Agreement upon the condition that the business shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, M & S Paving and Sealing Inc. agrees to refund the Town of placeCitySouth Windsor all of the tax savings described herein which the Company has received.

Was made by Councillor Bazzano
Seconded by Councillor Pelkey

Mr. Craig Stevenson, Economic Development Consultant reviewed the terms of the tax abatement and how it would benefit the business and the Town.

ITEM:

17.     F.      (continued)

Mayor Streeter called for a vote on this item; it was approved on a Roll Call vote of 7-0 with Councillor Hale and Councillor Yagaloff abstaining.

G.      Resolution Approving a Tax Assessment Agreement with Steeltech Building Products, Inc.

WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65B, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the town while providing quality goods and services; and

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to Steeltech Building Products, Inc. to construct a 5,000 sq. ft. addition located at addressStreet636 Nutmeg Road North in CityplaceSouth Windsor, StateConnecticut at an estimated cost of $286,180 in land and building improvements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and Steeltech Building Products, Inc. reducing the amount of the assessment of an addition to be constructed at 636 Nutmeg Road North, South Windsor, Connecticut, having an estimated addition assessment of $200,330 by 50% for a period of three (3) years; therefore the estimated assessed value of this addition would be $100,165 for a period of three (3) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in any future revaluation, in which case, the assessed value of said improvements to the real property shall be reduced by 50% of said assessed value after revaluation; and
ITEM:

17.     G.      (continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council offers Steeltech Building Products, Inc. this Tax Assessment Agreement upon the condition that the business shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, Steeltech Building Products, Inc. agrees to refund the Town of placeCitySouth Windsor all of the tax savings described herein which the Company has received.

Mr. Craig Stevenson, Economic Development Consultant reviewed the terms of the tax abatement and how it would benefit the business and the Town.

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

10.     Communications and Reports from Town Manager

Mr. Galligan stated that there have been nine (9) firms that have submitted RFP’s for the design and installation of turf fields at the High School.  Any Council Member wishing to be a part of the interview process should inform the Town Manager.

The Town is working with another company to install a tower near the VMP pool.  The company will finance the installation of the tower.  

Mr. Galligan informed the Council that he received a call from Mr. Alan Witkin regarding the clearing of PlaceNameplaceLawrence PlaceNameRoad PlaceTypePark.  The court case has been settled and Mr. Galligan will contact Attorney Stephen Penny so he can inform the courts.

Letters have been sent to Senator LeBeau and Representative Bill Aman regarding the mapping issues between the Office of Policy and Management and their plan of Conservation and Development being different than the Town’s plan of Conservation and Development.  There were public hearings held regarding this issue.  Mr. Galligan thanked Marcia Banach, Director of Planning, Senator LeBeau and Representative Bill Aman for their help with the mapping issue.   Mr. Galligan also thanked Senator LeBeau for the grant money of $15,000 for the Batting Cage and $5,000 for the Olympiad.


ITEM:

10.     Communications and Reports from Town Manager (continued)

Mr. Galligan informed Council Members that he would be meeting with Matthew Kerin on Wednesday, July 23, 2008 at 8:00 a.m. regarding the Town Hall Annex   If any member of the Council would like to attend.  

The Town is entertaining the idea of doing a market study for a hotel at Evergreen Walk.  It is important for a bank to see that the Town is interested in participating with the market study in order for a hotel to get financing.  Half of the study will be funded by Evergreen Walk, LLC.  The Town would have to pay approximately $4,000 for the study.  The only stipulation the Town would have is if this study were done, the Town would have ownership of the study.  Mr. Galligan questioned if the Town Council would be interested in moving forward with this study.

Mr. Galligan answered various questions from Council Members.

11.     Reports from Standing Committees

        None

12.     Reports of Temporary Committees

        None

13.     Communications and Petitions from Council

Mayor Streeter appointed the following members to the Clean Energy Task Force (20% by 2010):  Bob Dickinson of addressStreetBirch Road, Sarah Hambrick of Twin Circle Drive, Tom Sessions of addressStreetTumblebrook Drive and Ken Sek of addressStreetGriffin Road.  Anyone else who may be interested should contact Councillor Hale at 644-8080.  

14.     Public Participation

Mr. Don Gonsalves, 40 Bayberry Trail came before the Council.  He stated that he disagrees with the problem concerning the fire station.  Mr. Gonsalves contacted the State of StateplaceConnecticut and asked about the sedge plants.  Their opinion is that there is not a sedge plant problem there, but there is a problem with wetlands.  The consultant hired did not do their job with the Army Corp. of Engineers and as a result they closed the process.  If the process was done properly, there would be a fire house built on the property.

ITEM:

14.     Public Participation (continued)

Mr. Gonsalves then stated that another problem the Town has is the Old Post Office.  There is a lease on that building and the Town has been paying $11,000 a month since September.  The tax payers have been spending money on a project that is not being used and Mr. Gonsalves stated that the Town Council is not doing a good job and questions the Town Council’s judgment and ability.

15.     Consent Agenda

Motion to approve Agenda Items 16. A. through 16. F., as the Consent Agenda.

Was made by:    Councillor McCann and Councillor Pelkey
Seconded by:    Mayor Streeter

Before calling for a vote on the Consent Agenda, Mayor Streeter asked if there were any items to be removed, there was none.

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

16.     Unfinished Business

*A.     Resolution Appointing Kevin Ricker (R) an Alternate to the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council hereby appoints Kevin Ricker (R) an Alternate to the Zoning Board of Appeals for a term ending November 30, 2009 to fill an unexpired term of Daniel Gentile.


(APPROVED BY CONSENT AGENDA)

ITEM:

16.     Unfinished Business (continued)

*B.     Resolution Appointing Sharon Parlapiano (R) to the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Sharon Parlapiano (R) to the Park & Recreation Commission for a term ending November 30, 2009 to fill an unexpired term of Andrea Momnie.

(APPROVED BY CONSENT AGENDA)

*C.     Resolution Appointing Katie Graham (R) an Alternate to the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Katie Graham (R) an Alternate to the Park & Recreation Commission for a term ending November 30, 2009 to fill an unexpired term of Joseph Orsini.

(APPROVED BY CONSENT AGENDA)

*D.     Resolution  Appointing Roseann Williams (D) to the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Roseann Williams (D) to the Economic Development Commission for a term ending November 30, 2011 to fill an unexpired term of Krista Marchesseault.

(APPROVED BY CONSENT AGENDA)

*E.     Resolution Appointing Linda Jeski (D) to the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Linda Jeski (D) an Alternate to the Economic Development Commission for a term ending November 30, 2009 to fill an unexpired term of Roseann Williams.

(APPROVED BY CONSENT AGENDA)
ITEM:

16.     Unfinished Business (continued)

*F.     Resolution Appointing Joseph Kennedy (D) an Alternate to the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Joseph Kennedy (D) an Alternate to the Economic Development Commission for a term ending November 30, 2011 to fill an expired term.

(APPROVED BY CONSENT AGENDA)

G.     Discussion Item – Rising Fuel Costs and the Use of Town Vehicles (requested by Mayor Streeter)

Mayor Streeter began discussions regarding this issue stating that he has discussed this subject with the Town Manager and knows that the Town tracks vehicle mileage.  Mayor Streeter would like to know who takes Town vehicles home at night and who is paying for the fuel.  This may be an opportunity for the Town to think about not using leased vehicles. The Audit Committee should meet with Finance to discuss costs and options.  Mayor Streeter asked the Town Manager to touch base on this subject and voice some ideas of ways to be able to contain costs in the current year budget.

Town Manager Matthew Galligan explained that there is a log that needs to be filled out when an employee is taking one of the fleet vehicles.  There is an odometer reading which is recorded on the Police vehicles, Public Works vehicles and Town Manager’s vehicle.  There is also a key that is used in order to fill the vehicles up with gasoline which records the amount of gasoline used.  These readings are sent to the Town Garage in order for them to maintain the vehicles.  The Town is currently testing two 4 cylinder Chevy Malibu’s to see if the Police can use this type of vehicle in order to save on fuel.  The cost of gasoline for Town vehicles is currently $2.85 per gallon until the end of December when a bid will be done.  The individuals that take vehicles home are the Town Manager, Chief of Police, Commander Hart, Commander Reed, Mike Gantick who is the Director of Public Works, Ray Favreau who is the Director of Recreation, and Walter Summers who is the Fire Marshal.  There are also individuals that may take vehicles home in different divisions in the Police Department when it is necessary, such as Detective Division.  The Town is currently

ITEM:

17.     G.      (continued)

implementing moving vehicles around internally instead of buying new vehicles.  One way to the Town has saved some money on vehicles is by having Public Works have on-site lunches, which is they eat at the site they are working at instead of going back to the Town Garage.

Answering questions from the Council members, Mr. Galligan explained that employees do not reimburse the Town for gasoline.

Councillor McCann felt that the Town should focus on fuel savings.  Many communities are adjusting the use of their police vehicles by utilizing foot patrols.  This may be something placeSouth Windsor could explore.

Councillor Yagaloff felt that the public is concerned about the cost of fuel, and tax dollars being used to supplement someone else’s use of a vehicle.  Individuals should carry their own load unless it is contractual.  Councillor Yagaloff then questioned how the Town monitors vehicles that are brought home from being used for personal use.

Councillor Bazzano stated that he feels it is important to monitor the use of each vehicle and suggested using GPS.

Mayor Streeter felt that the Fire Marshal could leave his town vehicle at Town Hall because he does not have to be at the scene during a fire.  When he gets a call he could go to Town Hall and pick up a vehicle to go to the scene.

H.      Discussion item – Financing of Municipal Facilities with a 6320 Corporation (requested by Deputy Mayor Prague)

Deputy Mayor Prague stated that he requested this item be discussed because a 6320 Corporation gives the Town the ability to save money on the construction of municipal buildings.

Mr. Galligan, Town Manager explained that the 6320 Corporation dates back to 1963.  Mr. Galligan then explained how a 6320 Corporation works and how financing is established.  The idea behind a 6320 Corporation is to save money on construction costs.  Mr. Galligan suggested having this concept reviewed by the Town Attorney and have Bond Council come in for a discussion.



ITEM:

17.     H.      (continued)

Councillor McCann stated that 6320 Corporations have been around for 45 years and feels the Town should keep this option a viable option for projects in the future.

Answering questions from Councillor Pelkey, Mr. Galligan explained that the Town could buy a piece of property and have a 6320 Corporation work with the Town to have a building constructed, or the Town could sell the property to the 6320 Corporation and have the full project of land and building done.

Councillor Pelkey requested that the Town Manager come back at the next meeting with an outline of how a 6320 Corporation works.

I.      Discussion item – The placeCitySale of addressStreet625 Sullivan Avenue (requested by Councillor Pelkey

Councillor Pelkey stated that there would be no need to discuss this item because there are resolutions on the agenda which will address this subject.

17.     New Business

A.      Resolution Authorizing the Execution of the Contract to Purchase addressStreet765 Sullivan Avenue (Woodcock property)

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 South Windsor and its citizens for a fire station, ball fields and open space; and

WHEREAS, the Town Manager and the Town Attorneys were authorized to negotiate a purchase and sales agreement with the owner of said property which agreement has been submitted to the Town Council for review and approval

ITEM:

17.     A.      (continued)

NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan and Town Attorneys, Halloran & Sage, are hereby authorized to execute said agreement and to prepare all other documents necessary for the acquisition of said property by the Town of CityplaceSouth Windsor.

Was made by Councillor Yagaloff
Seconded by Councillor Pelkey

Councillor Yagaloff made a motion to Suspend the Rules to go into Executive Session at 10:09 p.m. to discuss contractual negotiations for addressStreet765 Sullivan Avenue.  Mayor Streeter seconded the motion, and it was approved, unanimously.

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

Councillor Havens made a motion to adjourn Executive Session at 10:24 p.m.  Councillor Pelkey seconded the motion and it was approved, unanimously.

Councillor Hale made a motion to Amend the Resolution by removing ball fields.  The motion was seconded by Mayor Streeter.

Councillor McCann made a Friendly Amendment to also remove open space and add other potential uses.

The resolution would read as follows, (all amendments included):

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 South Windsor and its citizens for a fire station, and other potential uses; and

WHEREAS, the Town Manager and the Town Attorneys were authorized to negotiate a purchase and sales agreement with the owner of said property which agreement has been submitted to the Town Council for review and approval

ITEM:

17.     A.      (continued)

NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan and Town Attorneys, Halloran & Sage, are hereby authorized to execute said agreement and to prepare all other documents necessary for the acquisition of said property by the Town of CityplaceSouth Windsor.

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

Councillor Bazzano stated that he would be voting against this resolution because he has a problem with the way money is being used and feels the Town can still build on addressStreet625 Sullivan Avenue.

Councillor Yagaloff stated that the Town Council needs to move ahead with this project.  If this project is delayed by another year, it will cost the Town more money.

Mayor Streeter called for a vote on the Amended Resolution, it passed on a Roll Call vote of 8 to 1 with the dissenting vote being cast by Councillor Bazzano.

B.      Resolution Authorizing Town Manager, Matthew B. Galligan to Execute and Deliver Any and All Documents Deemed to be Necessary or Appropriate to the State of Connecticut, Department of Emergency Management and Homeland Security on behalf of the Town of South Windsor.

BE IT RESOLVED that the Town of South Windsor may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and

BE IT FURTHER RESOLVED that Matthew B. Galligan, Town Manager of the Town of South Windsor is authorized and directed to execute and deliver any and all documents on behalf of the Town of South Windsor and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.

ITEM:

17.     B.      (continued)

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

C.      Resolution Authorizing the Waiving of Competitive Bidding for Installation of a Skid-Resistant Epoxy Floor Coating in all “wet” Areas of the Buildings at Veteran’s Memorial Park

        WHEREAS, the South Windsor Town Council appreciates the recreational value of the aquatics facilities at Veteran’s Memorial Park; and further recognizes the importance of safety in its seasonal operation; and

        WHEREAS, the South Windsor Town Council acknowledges that 2,473 square feet of polished concrete flooring located in “wet” areas of the buildings located at Veteran’s Memorial Park are in need of improvements to increase traction and minimize slipping; and

        WHEREAS, the floor coating has been competitively quoted at a price of $23,702.25; and
        
        WHEREAS, timing to complete such project is critical to guarantee a complete installation prior to the 2009 swimming season

        NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the waiving of competitive bidding to complete this safety flooring project.

Was made by Deputy Mayor Prague
Seconded by Councillor Bazzano

Answering questions from the Council, Mr. Ray Favreau who is the Director of Recreation explained that all wet areas will be replaced with commercial grade epoxy flooring.  The Town has tried different alternatives which have not been successful.  This solution would be permanent.

Councillor Yagaloff stated that he is usually opposed to waiving competitive bidding except for safety or emergency reasons.


ITEM

17.     C.      (continued)

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

D.      Resolution Approving the Transfer of $23,702.25 from Special Revenue Recreation Fund Contingency Account to the Special Revenue Recreation Fund Veteran’s Memorial Park Capital Outlay Other (00-450) Account
        
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $23,702.25 from Special Revenue Recreation Fund Contingency Account to the Special Revenue Recreation Fund Veteran’s Memorial Park Capital Outlay Other (00-450) Account to cover the installation of a skid-resistant epoxy floor coating in all “wet” areas of the buildings at Veteran’s Memorial Park aquatic facility.

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

H.      Resolution Approving an Annual Salary for Town Manager Matthew B. Galligan for Fiscal Year 2008/2009

BE IT RESOLVED that the South Windsor Town Council hereby approves an annual salary of $____________ for Town Manager Matthew B. Galligan for Fiscal Year 2008/2009, said annual salary rate to be retroactive to July 1, 2008.

Mayor Streeter stated this item would be postponed until the Special Meeting being held on July 28, 2008

ITEM:

17.     New Business (continued)

I.      Resolution Approving an Hourly Wage Increase and Fringe Benefits Equivalent to Those Approved by Council for Non-Bargaining Unit Members for the Clerk of the Council for Fiscal Year July 1, 2008 through June 30, 2009

BE IT RESOLVED that the South Windsor Town Council approves an hourly wage increase of _____% for the Clerk of the Council for Fiscal Year 2008/2009, said wage increase and benefits being equivalent to those approved by Council on June 16, 2008 for the Non-Bargaining Unit Members Job Classification Plan for Fiscal Years 2008/2009 and 2009/2010; and

BE IT FURTHER RESOLVED that said benefits will be calculated on a prorated basis according to the average number of hours worked in the previous Fiscal Year; and

BE IT FURTHER RESOLVED that the hourly wage increase and participation in the Non-Bargaining Unit Members Fringe Benefit Package shall be effective as of July 1, 2008.

Mayor Streeter stated this item would be postponed until the Special Meeting being held on July 28, 2008

J.      Resolution Referring the Sale of 625 Sullivan Avenue to the Planning & Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes

WHEREAS, the Town of South Windsor purchased property located at 625 Sullivan Avenue on January 26, 2006 for the purposes of constructing a fire station on said property; and

WHEREAS, certain environmental conditions have significantly delayed the construction of the fire station in the designed manner; and

WHEREAS, the Town of South Windsor has identified a nearby property, located at 765 Sullivan Avenue, which would allow for construction in the manner designed and which would allow for optimal use of the facility by the South Windsor Fire Department; and


ITEM:

17.     J.      (continued)

WHEREAS, the Town Manager has been authorized to negotiate a contract to purchase the parcel located at 765 Sullivan Avenue making 625 Sullivan Avenue available for sale as the Town of South Windsor would no longer require it for municipal purposes and such is otherwise a viable commercial property which can be returned to the tax rolls upon sale; and

WHEREAS, the proceeds from any sale of 625 Sullivan Avenue, subsequent to a referendum authorizing such sale, would be returned to the capital project account for the construction of the new fire station

NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan, is authorized to refer the proposed sale of 625 Sullivan Avenue to the Planning & Zoning Commission pursuant to Section 8-24 of Connecticut General Statutes for purposes of consideration of the sale of 625 Sullivan Avenue for a price and pursuant to such terms and conditions as the Town Council and Town Manager deem appropriate.

Was made by Councillor Hale
Seconded by Councillor Pelkey

Councillor Hale questioned if an 8-24 referral mandatory before selling property?  Town Attorney Duncan Forsyth stated that the Town is required to do an 8-24 referral.

Councillor McCann stated that he feels until the Town actually purchases the property at addressStreet765 Sullivan Avenue and there is a clear indication that a fire station will be able to be constructed at addressStreet765 Sullivan Avenue, it is premature to take steps towards selling addressStreet625 Sullivan Avenue.  Councillor McCann then made a motion to table this item.  Councillor Bazzano seconded the motion to table and it was defeated on a Roll Call vote of 2-7 with the dissenting votes being cast by Mayor Streeter, Deputy Mayor Prague, Councillors Hale, Havens, Maneeley, Pelkey, and Yagaloff.

Councillor Yagaloff made a motion to amend the Resolution (fifth WHEREAS) to read as follows:  “WHEREAS, the proceeds from any sale of 625 Sullivan Avenue, subsequent to a referendum authorizing such sale, would be returned to the Open Space Fund Account”.  Councillor Havens seconded the motion.



ITEM:

17.     J.      (continued)

Mayor Streeter stated that the Town may be looking for other means in order to not use the open space funds, so it may be better to not mention what funds could be used at this point.  Therefore, Mayor Streeter explained that he would be voting against the Amendment at this point unless Councillor Yagaloff wishes to change it.

Councillor Yagaloff made a friendly change to the Amendment and proposed that the following be taken out of the resolution “would be returned to the capital project account for the construction of the new fire station”.  Mayor seconded the friendly Amendment.

Councillor Pelkey suggested another friendly Amendment which would be to put back into the resolution, “would be returned to the capital non-recurring account.  Councillor Yagaloff accepted the friendly Amendment

        The resolution would read as follows:

WHEREAS, the proceeds from any sale of 625 Sullivan Avenue, subsequent to a referendum authorizing such sale, would be returned to the capital non-recurring account.

Mayor Streeter called for a vote on the proposed Amendment, it was approved, unanimously.

Mayor Streeter then called for a vote on the Amended Resolution, it passed on a Roll Call vote of 8-1 with the dissenting vote being cast by Councillor McCann.

K.      Resolution Authorizing the CityplaceSale of addressStreet625 Sullivan Avenue

WHEREAS, the Town of South Windsor purchased property located at 625 Sullivan Avenue on January 26, 2006 for the purposes of constructing a fire station on said property; and

WHEREAS, certain environmental conditions have significantly delayed the construction of the fire station in the designed manner; and


ITEM:

17.     K.      (continued)

WHEREAS, the Town of South Windsor has identified a nearby property, located at 765 Sullivan Avenue, which would allow for construction in the manner designed and which would allow for optimal use of the facility by the South Windsor Fire Department; and

WHEREAS, the Town Manager has been authorized to negotiate a contract to purchase the parcel located at 765 Sullivan Avenue making 625 Sullivan Avenue available for sale as the Town of South Windsor would no longer require it for municipal purposes and such is otherwise a viable commercial property which can be returned to the tax rolls upon sale; and

WHEREAS, the proceeds from any sale of 625 Sullivan Avenue, subsequent to a referendum authorizing such sale, would be returned to the capital project account for the construction of the new fire station

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the sale of 625 Sullivan Avenue at a price and in accordance with any and all terms and conditions as may be presented to, and approved by, the Town Council; and

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to execute any and all documentation necessary to consummate the sale of said property in accordance with this Resolution; and

BE IT FURTHER RESOLVED that this Resolution shall become effective upon its approval by the Town electors at a referendum called by the Town Council for such purpose.

Was made by Councillor Maneeley
Seconded by Councillor Pelkey

Councillor Pelkey suggested the following Amendment to the Resolution (fifth WHEREAS) to read as follows:  “WHEREAS, the proceeds from any sale of 625 Sullivan Avenue, subsequent to the referendum authorizing such sale, would be returned to the capital non-recurring account”.  Mayor Streeter seconded the Amendment and it was approved, unanimously.


ITEM:

17.     K.      (continued)

Councillor McCann stated that he feels authorizing of the sale of the property is premature and moved to table this motion.  Councillor Bazzano second the motion and it was defeated on a Roll Call vote of 2-7 with the dissenting votes being cast by Mayor Streeter, Deputy Mayor Prague, Councillors Hale, Havens, Maneeley, Pelkey and Yagaloff.

Town Attorney, Duncan Forsyth explained to Council Members that there is a provision in the resolution that states, “hereby authorizing the sale of 625 at a price and in accordance with any and all terms and conditions as may be presented to and approved by the Town Council”.  The Town Council has the final say as to whether or not the Town sells 625 and at what price and what terms and conditions.

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

L.      Resolution Authorizing a Referendum on the CityplaceSale of addressStreet625 Sullivan Avenue

WHEREAS, the Town of South Windsor purchased property located at 625 Sullivan Avenue on January 26, 2006 for the purposes of constructing a fire station on said property; and

WHEREAS, certain environmental conditions have significantly delayed the construction of the fire station in the designed manner; and

WHEREAS, the Town of South Windsor has identified a nearby property, located at 765 Sullivan Avenue, which would allow for construction in the manner designed and which would allow for optimal use of the facility by the South Windsor Fire Department; and

WHEREAS, the Town Manager has been authorized to negotiate a contract to purchase the parcel located at 765 Sullivan Avenue making 625 Sullivan Avenue available for sale as the Town of South Windsor would no longer require it for municipal purposes and such is otherwise a viable commercial property which can be returned to the tax rolls upon sale; and

WHEREAS, the proceeds from any sale of addressStreet625 Sullivan Avenue, subsequent to a referendum authorizing such sale, would be returned to the capital project account

ITEM:

17.     L.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the Resolution entitled “Resolution Authorizing the Sale of 625 Sullivan Avenue” heretofore at this meeting adopted, be submitted to the Town electors for approval, or disapproval, at the Referendum to be held on November 4, 2008; and that the warning of said Referendum state the question to be voted on as follows:

“Shall the Resolution authorizing the sale of addressStreet625 Sullivan Avenue” approved by the Town Council on July 21, 2008 be adopted?”

The ballot label for said question shall read as follows:

“Shall the Resolution authorizing the sale of addressStreet625 Sullivan Avenue be approved?  YES/NO”

The warning of said Referendum shall state that the full text of said Resolution is on file open to public inspection in the Office of the Town Clerk.

Was made by Councillor Pelkey
Seconded by Councillor Hale

Councillor McCann made a motion to table this resolution, but it failed due to a lack of a second.

Mayor Streeter called for a vote on the Resolution, it passed on a Roll Call vote of 8-1 with the dissenting vote being cast by Councillor McCann.

M.      Resolution Approving a Refund of Taxes to Eleven (11) placeSouth Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to eleven (11) South Windsor Residents, the total of said refunds being $15,859.56, and as more fully described on attached Exhibit B.

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


ITEM:

19.     Communications and Petitions from Council (Continued)

        Complete

20.     Communications and Reports from Town Manager (Continued)

        Complete

22.     Motion to Adjourn

At 10:55 p.m., Councillor Bazzano 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