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South Windsor Town Council Regular Meeting Minutes of 10-6-08
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  October 6, 2008

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

1.      Call Meeting to Order

Mayor Prague 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 8:14 p.m.

4.      Roll Call

Members Present:        Mayor Cary placeCityPrague
Deputy Mayor Gary Bazzano
Councillor Kathryn Hale
Councillor Ed Havens
Councillor Lisa Maneeley
Councillor Kevin McCann
Councillor Paul Oates
Councillor John Pelkey
Councillor Keith Yagaloff

Also Present:           Chief Gary Tyler, Police Department

5.      Public Input

Mrs. Sue Larsen of addressStreet350 Deming Street came forward with concerns regarding a stop sign being erected directly across from her driveway.  There is  no way to justify the reasoning behind why the stop sign was located there and she feels it is an unsafe situation.  Mrs. Larsen asked Town Council Members to please take a look at this situation.

Mr. Ray Favreau, Director of Recreation announced a new youth sports initiative called “Empathy, Character, Hope, and Opportunity (ECHO)” which is a program to create a more positive youth experience for young athletes .  The program will be held Friday, October 17, 2008 in the South Windsor High School Auditorium.  The  program begins at 7:00 p.m.

6.      Environmental Health & Safety Message

Councillor Hale informed the Town Council and public that the Emergency Preparedness Seminar that was scheduled for October 7, 2008 at the Community Center has been cancelled.


ITEM:

6.      Environmental Health & Safety Message (continued)

Councillor Pelkey stated that there would be a hazardous waste collection at PlaceNameplaceSouth Windsor PlaceTypeHigh School on October 11, 2008.

Councillor McCann reminded the Town Council and public that October is Breast Cancer Awareness month.

7.      Adoption of Minutes

BE IT RESOLVED that the South Windsor Town Council hereby approves the Minutes of the following Town Council Meetings:  Special Work Session of August 18, 2008; Work Sessions of September 2, 2008, and September 15, 2008; Regular Meeting of September 2, 2008, and September 15, 2008; and Special Meeting of September 29, 2008.

Was made by Councillor Maneeley
Seconded by Councillor Bazzano

Councillor McCann stated that there is a new State Statute which requires minutes to be published on the website within seven days of a meeting.

Councillor Maneeley questioned if it would be possible to receive minutes electronically.  

Mayor Prague questioned Council members if there were any additions, or deletions to the minutes?

Councillor Yagaloff made a motion to remove and table the minutes of the Special Work Session of August 18, 2008 from approval because he would like to know if any Town Council members formally requested for these attachments to be put into the minutes as Exhibits.  Councillor Pelkey seconded the motion, and it was passed by a Roll Call vote of 8-1 with the dissenting vote being cast by Councillor McCann.

Mayor Prague called for a vote on the remaining minutes, and they were approved, unanimously.

8.      Public Petitions

None

ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council

Mayor Prague asked Commander Reed to come forward to update the Town Council and public regarding the meeting he had with the Department of Transportation regarding addressStreetDeming Street.

Commander Reed reviewed the different options that were discussed.  A stake holders meeting needs to be held in order to get input from residents.

Councillor Hale requested that Town Council members be notified of any meetings held regarding this issue.

Councillor Yagaloff felt that the best way to proceed would be to have the Town Council endorse a professional engineered study.  Different options could then be introduced to the public.  Commander Reed stated that he would need consensus from the Town Council in order to proceed with a professional engineered study.

Commander Reed then discussed two suggestions.  One was to have a sign stating, “No Thru Truck Traffic” (by ordinance), and the other was to post signs at both ends of addressStreetDeming Street which states, “Through trucks are requested not to use this roadway”.  

Councillor Pelkey stated that the issue of even dead ending addressStreetDeming Street should be looked at from a legal standpoint because it was his understanding that when a road in a town leads to another town there are restrictions put into place.  Councillor Pelkey also suggested that the Town Council test the sign theory by placing signs at both ends of addressStreetDeming Street which state, “Through trucks are requested not to use this roadway”.

Councillor Pelkey then questioned the stop sign that has been erected on addressStreetDeming Street and Mrs. Larsen’s concerns.  Commander Reed stated that he feels that  the stop sign has created a much safer situation in the area.  One issue that can be looked at further is painting the stop bar up a little bit farther.





ITEM:

10.     Communications and Reports from Town Manager

Chief Tyler reported the following:

·       Wednesday, October 8, 2008 will be the National, “Walk to School Day” at placePlaceNameOrchard PlaceTypeHill PlaceTypeSchool.
·       The Hartford Marathon will take place over the weekend.  It will take place from 8:00 a.m. to 12:00 p.m. on addressStreetMain Street.
·       The first week in December, Reverse 911 will be ready for use.
·       On November 2, 2008 from 12:00 p.m. to 3:00 p.m. the PlaceNameplaceBark PlaceTypePark will celebrate it’s one year anniversary.

Chief Tyler then stated that he would like to return to a Town Council meeting to give and update regarding the placePlaceNameBark PlaceTypePark.

Answering questions from the Council, Councillor McCann explained what the process consists of in a design build.

11.     Reports from Standing Committees - None

12.     Reports of Temporary Committees - None

13.     Communications and Petitions from Council

Councillor Hale informed the Town Council and public that there are 54,000 individuals that have not filed their federal stimulus.  Those individuals have until October 15, 2008.

Councillor Oates stated that last weekend Heritage Day was held and there was a great turn out.  The Hartford Marathon is being held this weekend and Councillor Oates encouraged residents to attend.

14.     Public Participation - None


ITEM:

15.     Consent Agenda

Motion to approve Agenda Items 16. A. through 16. C. and 17. A. through 17. C.

Was made by Councillor McCann and Yagaloff
Seconded by Councillor Pelkey

Before calling for a vote on the Consent Agenda, Mayor Prague asked if there were any Items to be removed.  Councillor Hale removed Agenda Items 16. A., 16. B., 17. C., 17. D., and 17. F. from the Consent Agenda.

Following the removal of these Items, a vote was called for on the Amended Motion and was approved, unanimously.

16.     Unfinished Business

C.      Resolution Reappointing David Peck (U) to the Human Relations Commission

BE IT RESOLVED that the South Windsor Town Council hereby reappoints David Peck (U) to the Human Relations Commission for a term ending November 30, 2010.

(APPROVED BY CONSENT AGENDA)

17.     New Business

A.      Resolution Accepting the Resignation of Daniel Jeski (D) an Alternate from the Planning & Zoning Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Daniel Jeski (D) an Alternate from the Planning & Zoning Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council extends its thanks to Mr. Jeski for the time he has dedicated to servicing his community by his membership on the Planning & Zoning Commission.

(APPROVED BY CONSENT AGENDA)



ITEM:

17.     New Business (continued)

B.      Resolution Accepting the Resignation of Daniel Jeski (D) from the PlaceNameplacePublic PlaceTypeBuilding Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Daniel Jeski (D) from the Public Building Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council extends its thanks to Mr. Jeski for the time he has dedicated to servicing his community by his membership on the Public Building Commission.

(APPROVED BY CONSENT AGENDA)

E.      Resolution Reappointing Evelyn Marrero (D) to the South Windsor Alliance for Families 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 reappoints Evelyn Marrero (D) to the South Windsor Alliance for Families for a term ending September 1, 2011 and postpones consideration until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

G.      Resolution Appointing William Flagg (D) to the Connecticut River Assembly 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 William Flagg (D) to the Connecticut River Assembly for a term ending January 12, 2010 to fill an unexpired term of Kathy Hale and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

ITEM:

16.     Unfinished Business

A.      Resolution Reappointing Robert Moeller (R) to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Robert Moeller (R) to the Patriotic Commission for a term ending August 31, 2011.

Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano

Councillor Hale made a motion to table this item.  Councillor Yagaloff seconded this motion and it failed on a Roll Call vote of 3-6 with the dissenting votes being cast by Mayor Prague, Deputy Mayor Bazzano, Councillors Maneeley, Oates, Havens, and McCann

Councillor Hale explained that she is tabling this item to make sure that the Town Council is appointing individuals correctly on the Patriotic Commission.  The appointment letter does not match the resolution, whereas the appointment letter has a member as a full member and the resolution has the member as an alternate.  Councillor Hale also stated she wants to make sure that the Town Council does not go forward with something that does not coordinate with the intent to equalize the Patriotic Commission.  

After a lengthy discussion regarding this item, Mayor Prague called for a vote on this motion; and it was approved, unanimously.

B.      Resolution Reappointing Leonard B. Glasser (R) an Alternate to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Leonard B. Glasser (R) an Alternate to the Patriotic Commission for a term ending August 31, 2011.

Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano

ITEM:  

17.     B.      (continued)

Councillor McCann made a motion to table this Item in order to alleviate concerns of bipartisan and if a member of a Commission is an alternate or full member.  Mayor Prague seconded the motion and it passed on a Roll Call vote of 8-1 with the dissenting vote being cast by Deputy Mayor Bazzano.

C.      Resolution Reappointing Kent Carlson (D) to the Patriotic 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 reappoints Kent Carlson (D) to the Patriotic Commission for a term ending August 31, 2011 and postpones consideration until the Town Council’s next regularly scheduled meeting.

Councillor McCann made a motion to table this item.  Mayor Prague seconded the motion and it passed on a Roll Call vote of 8-1 with the dissenting vote being cast by Deputy Mayor Bazzano.

D.      Resolution Reappointing M. Terrie Kyc (D) an Alternate to the Patriotic 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 reappoints M. Terrie Kyc (D) and Alternate to the Patriotic Commission for a term ending August 31, 2011 and postpones consideration until the Town Council’s next regularly scheduled meeting.

Councillor McCann made a motion to table this item.  Mayor Prague seconded the motion and it passed on a Roll Call vote of 8-1 with the dissenting vote being cast by Deputy Mayor Bazzano.

ITEM:

17.     New Business

F.      Resolution Accepting the Resignation of Kathy Hale (D) from the placeConnecticut River Assembly

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Kathy Hale (D) from the Connecticut River Assembly, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the placeSouth Windsor Town Council extends its thanks to Mrs. Hale for the time she has dedicated to servicing this community by her membership on the Connecticut River Assembly.

Was made by Councillor Yagloff
Seconded by Councillor Pelkey
The motion passed on a Roll Call vote of 8 to 1 with Councillor Hale abstaining

H.      Resolution Authorizing the Town Attorney to Draft Explanatory text for the upcoming Referendums Regarding the Treatment Plant Upgrades, Dry Pit Pump Station Upgrades, and the Elementary School Project

BE IT RESOLVED that the Town Council hereby Authorizes the Town Attorney to draft explanatory text for the upcoming referendums regarding the Treatment Plan upgrades, Dry Pit Pump Station upgrades, and the Elementary School Project.

Councillor McCann felt that the explanatory text should also include other information that would be helpful to voters to make an informed decision regarding the referendums.  Councillor McCann made an Amendment to the resolution to add at the end, “and additional materials which neither advocates for nor against any referendum question to provide additional information to residents.  Councillor Yagaloff seconded the Amendment.

Councillor Hale stated that she would prefer to separate this item into two resolutions.  One resolution would authorize the Town Attorney to draft the official explanatory text and the other resolution would authorize the Town Attorney to prepare additional information in addition to explanatory text regarding the referendums to be sent out to the taxpayers.    Councillor McCann withdrew his Amendment.


ITEM:

17.     H.      (continued)

After a lengthy discussion, Councillor Yagaloff read into the record an Amendment to Item 17. H., which would now be Item 17. H (a).  Councillor Pelkey seconded the Amended Resolution.

H (a).  Resolution Authorizing the Town Attorney to Draft Explanatory text for the upcoming Referendums Regarding the Treatment Plant Upgrades, Dry Pit Pump Station Upgrades, and the Elementary School Project
        BE IT RESOLVED that the Town Council hereby authorizes the Town Attorney to draft explanatory text for the upcoming referendum regarding the Treatment Plant upgrades, Dry Pit Pump Station upgrades, and the Elementary School Project; and

        BE IT FURTHER RESOLVED that the Town Attorney is directed to obtain approval of the text by State Elections Enforcement; to share approved text with the Town Council Members and to seek input; to prepare, mail, and disseminate to the public such text; and to ensure that the three referendum be treated similarly in one mailing.

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

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

Councillor McCann made a motion to Suspend the Rules to go to add Item 17. H (b) which would be a resolution authorizing the Town Attorney to draft and prepare additional written material in addition to the explanatory text.  Councillor Pelkey seconded the motion; and it was approved unanimously.

ITEM:

17.     New Business

H (b).  Resolution Authorizing the Town Attorney to prepare Additional Written Materials for the upcoming Referendum Regarding the Treatment Plant Upgrades, Dry Pit Pump Station Upgrades, and the Elementary School Project

BE IT RESOLVED that the Town Council hereby authorizes the Town Attorney to prepare written material in addition to the explanatory text for the upcoming referendum regarding the Treatment Plant upgrades, Dry Pit Pump Station upgrades, and the Elementary School Project to provide additional information concerning such referendum which neither advocates for nor against such referendum.

Was made by Councillor McCann
Seconded by Councillor Oates

Councillor Hale made an Amendment to add an addendum.  Councillor Yagaloff seconded the Amendment.

The addendum to read as follows:

BE IT FURTHER RESOLVED that the Town Attorney is directed to obtain approval of the text by State Elections Enforcement; to share approved text with the Town Council Members and to seek input; to prepare, mail, and disseminate to the public such text; and to ensure that the three referendum be treated similarly in one mailing.

Councillor McCann made a friendly Amendment that the word “material” replace the word “text”.  Councillor Yagaloff agreed to the friendly Amendment.

The addendum to read as follows:

BE IT FURTHER RESOLVED that the Town Attorney is directed to obtain approval of the material by State Elections Enforcement; to share approved material with the Town Council Members and to seek input; to prepare, mail, and disseminate to the public such material; and to ensure that the three referendum be treated similarly in one mailing.


ITEM:

17.     H. (b)  (continued)

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

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

I.      Resolution to Extend the Deadline for Disabled Veterans to file for an Exemption

WHEREAS, disabled veterans (and surviving spouses) may be entitled to an exemption from local real estate and motor vehicle taxes; and

WHEREAS, in order to qualify for said exemption, the veteran must file a document provided by the Federal Veteran’s Administration (“VA”) by October 1, 2008; and

WHEREAS, the Federal VA in prior years had automatically sent the documentation to veterans without a request; and

WHEREAS, due to a computer problem, the VA did not send the 2008 documentation to veterans; and

WHEREAS, veterans need additional time to request the documentation from the VA for 2008

NOW, THEREFORE, BE IT RESOLVED that the deadline for applying for the exemption is hereby extended to December 1, 2008; and

BE IT FURTHER RESOLVED that the Town Assessor’s office shall give notice that the 2008 deadline has been extended to any person who applied for this exemption in 2007.

Was made by Councillor Hale
Seconded by Councillor Pelkey

Councillor Hale made a motion to delete, “NOW, THEREFORE, BE IT RESOLVED that the deadline for applying for the exemption is hereby extended to December 1, 2008.  Councillor Pelkey seconded the Amendment; and it was approved, unanimously.


ITEM:

17.     placeI. (continued)

The Resolution would read as follows:

WHEREAS, disabled veterans (and surviving spouses) may be entitled to an exemption from local real estate and motor vehicle taxes; and

WHEREAS, in order to qualify for said exemption, the veteran must file a document provided by the Federal Veteran’s Administration (“VA”) by October 1, 2008; and

WHEEAS, the Federal VA in prior years had automatically sent the documentation to veterans without a request; and

WHEREAS, due to a computer problem, the VA did not send the 2008 documentation to veterans; and

WHEREAS, veterans need additional time to request the documentation from the VA for 2008

NOW, THEREFORE BE IT RESOLVED that the Town Assessor’s office shall give notice that the 2008 deadline has been extended to any person who applied for this exemption in 2007.

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

J.      Resolution Authorizing the Town Manager Matthew B. Galligan to Enter into a Contract with the State of StateplaceConnecticut, Department of Social Services for a $5,000 Grant

WHEREAS, the Town of South Windsor has been awarded a $5,000.00 grant from the State of Connecticut, Department of Social Services; and

WHEREAS, this grant money will be used to fund Municipal programs associated with education, social, health and human services

ITEM:

17.     J.      (continued)

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 of CitySouth Windsor with the State of StateplaceConnecticut, Department of Social Services

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

K.      Resolution Approving the Transfer of $2,894 from the Town Manager’s Budget to the Parks and Grounds Budget

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $2,894 from the Town Manager’s Professional Account to the Parks and Grounds Overtime Account, to cover the cost of overtime associated with the Public Work’s employees helping out at Family Awareness Day.

Was made by Councillor Oates
Seconded by Councillor Havens

There was a discussion held by Council Members and concerns voiced regarding the funding of this project and the Town Council wanting departments to work within their own budget.

Councillor Havens stated that Family Awareness Day is approaching and he would recommend that Town Council support this transfer.

Councillor Pelkey made a motion to table this item until the October 20, 2008 meeting.  Councillor McCann seconded the motion and it passed on a Roll Call vote of 7-2 with the dissenting votes being cast by Councillor Havens and Councillor Yagaloff.


ITEM:

17.     New Business

L.      Resolution Approving the Transfer of $166,080 from Various Accounts to the Police Operations Overtime Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $12,154 from the Street Lights Utilities Account; $6,384 from the Casualty & Liability Insurance Account; $53,259 from the Capital Leases Professional Account; and $94,283 from the Pension Employee Benefits Account for a total of $166,080 to be transferred to the Police Operations Overtime Account, to cover overtime costs for fiscal year 2007/2008.

Was made by Councillor Pelkey
Seconded by Councillor Maneeley         

Councillor Yagaloff stated that last year the Town Council under budgeted police overtime by $166,000 and the over time was not managed.  There must not have been enough money put into the budget last year and now it is rolling over to this year.  This year we are going to take money from various accounts which have designated funds and then next year the Town Council will have to balance the budget again for those other accounts.  The Town needs to stop spending in areas where we can stop spending.  Reduce the amount of money going out in areas that we can reduce and allow for sufficient funds so we can pay for items.  This is not a good way to operate and manage the budget.

Councillor Hale made a motion to table this item in order to discuss this item with the Town Manager.  Councillor Yagaloff seconded the motion to table; and it was approved, unanimously.

M.      Resolution Approving the Transfer of $33,470 from the Public Works Refuse and Recycling Account to the Hydrants and Water Lines Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $33,470 from the Public Works Refuse and Recycling Other Purchase Services Account to the Hydrants and Water Lines Utilities Account, to cover the hydrant fees for fiscal year 2007/2008.

ITEM:

17.     M.      (continued)

Was made by Councillor Maneeley
Seconded by Councillor Pelkey

Councillor Pelkey made a motion to table this item.  Councillor McCann seconded the motion to table this item; and it was approved, unanimously.

N.      Resolution Approving the Transfer of $16,070 from Various Accounts to the Town Attorney Professional Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $15,000 from the Salary Contingency Account and $1,070 from the Casualty & Liability Insurance Account for a total of $16,070 to be transferred to the Town Attorney Professional Account, to cover attorney fees for fiscal year 2007/2008.

Was made by Councillor Yagaloff
Seconded by Councillor Pelkey

Councillor Pelkey made a motion to table this item.  Councillor McCann seconded the motion to table this item; and it was approved, unanimously.

Councillor Pelkey made a motion to Suspend the Rules to go to Item 17. P on the agenda; Mayor Prague seconded the motion; and it was approved unanimously.

P.      Resolution Approving a Refund of Taxes to Thirty-Eight (38) placeSouth Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to thirty-eight (38) South Windsor Residents, the total of said refunds being $4,675.94, and as more fully described on attached Exhibit A.

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


ITEM:

17.     New Business

O.      Discussion Item:  Senior/Veterans Tax Relief – requested by Councillor Hale

Councillor Hale explained that there were only 22-25 people that applied for this benefit, and out of those who applied, only 11 people qualified.  This program needs more publicity and would like to propose that next time Senior Services do more outreach.  Councillor Hale stated she would like this issue discussed further at the next Town Council meeting.

18.     Passage of Ordinance – none

19.     Communications and Petitions from Council (Continued) - None

20.     Communications and Reports from Town Manager (Continued) - None

21.     Executive Session - None

22.     Adjournment

At 11:04 p.m., Councillor McCann made a motion to adjourn the Regular Meeting; Councillor Maneeley seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid, Clerk of the Council