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Town Council Regular Meeting Minutes 1-5-09
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  January 5, 2009




TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town 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 8:20 p.m.

4.      Roll Call

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

Also Present:           Matthew B. Galligan, Town Manager
                                Attorney Richard Roberts, Halloran & Sage LLP

5.      Public Input    

Mr. John Mitchell, 40 Windy Hill Drive came before the Town Council.  He stated that he has watched a few of the Council meetings in recent weeks and has been extremely disappointed with some of the decisions that the Council has made.  It has been determined that the endangered species on 625 Sullivan Avenue could have been relocated to an acceptable location.  A family in town had even offered property at no cost to the Town to relocate the endangered species, and the Town Council ignored this offer.

6.      Environmental Health & Safety Message

None
ITEM:

7.      Adoption of Minutes

BE IT RESOLVED that the South Windsor Town Council hereby approves the Minutes of the following Town Council Meetings:  Work Session of December 15, 2008; and Regular Meeting of December 15, 2008.

Was made by Councillor Maneeley
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously

8.      Public Petitions

None

9.      Communications from Officers and Boards Directly Responsible to Council

None

10.     Communications and Reports from Town Manager

Mr. Galligan, Town Manager reported on the following:

  • The contract for 765 Sullivan Avenue was signed and all environmental issues were taken into consideration.
  • Gave a brief scenario of the Public Works budget.  
  • The Veteran’s Memorial Pool will need a new drain system as per a law that was passed due to the death of a child.  The pool may not be opened until this drain system has been implemented into the pool system.  There is a resolution tonight proposing to take money out of contingency in order to get this done.
  • There is another resolution tonight for an 8-24 referral.  The Park & Recreation Commission is seeking to construct a building at Rye Street that would house bathroom facilities and a concession stand.
Answering various questions from Council members, Mr. Galligan stated that he would respond to Mr. Michael Bolles regarding solar in town.  The Committee can meet and discuss this issue with Mr. Bolles.  

ITEM:

10.     Communications and Reports from Town Manager (continued)

Council discussed the different costs for the leaf collection.  Mr. Galligan explained that outside vendors are used for the leaf collection because they have much larger trucks and it saves the Town money.

Councillor McCann requested that Public Works personnel costs for various programs for town personnel and outside contractors be supplied to the Town Council.

Answering further questions from Council members, Mr. Galligan stated that he will check on the back order of the AED’s for the elementary schools and will see if there is another vendor that could provide them to the Town or will see if there is anything else that can be done to get the AED’s to the elementary schools soon.  

There was then a lengthy discussion regarding the high school fields and the steps that are felt to be appropriate.

Mr. Galligan stated that in preparation for the budget he would try to get booklets on state mandates and the effect on local government from of the Office of Legislature.  Mr. Galligan will then would go through the booklet and highlight the ones that are troublesome to South Windsor.  
        
Councillor Oates questioned who owns the railroad crossing on Governors Highway because the crossing is in very bad shape.  Mr. Galligan stated that he would discuss this item with the Department of Transportation.

11.     Reports from Standing Committees

None

12.     Reports of Temporary Committees

None

Councillor Pelkey made a motion to Suspend the Rules in order to go to Item 17. H.  Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:

17.     New Business

H.      Resolution to Negotiate a Fair and Reasonable Rent for Space Used by the South Windsor Ambulance Corps., Inc.

WHEREAS, The South Windsor Ambulance Corps., Inc. has served our community since 1981 and are the first medical responders to calls in South Windsor; and

WHEREAS, The South Windsor Ambulance Corps., Inc. became a paid service in 2004 and is now collecting revenue from its calls from insurance companies and private payers; and

WHEREAS, The Town of South Windsor is constructing a new building to house both the South Windsor Volunteer Fire Department and The South Windsor Ambulance Corps., Inc.; and

WHEREAS, The South Windsor Ambulance Corps., Inc. should pay a fair, reasonable, and affordable rent for the use of this town owned facility and pay their share of the facility operating costs

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council directs Town Manager, Matthew B. Galligan to enter into negotiations with the South Windsor Ambulance Corps., Inc. and to bring a contract back to the Town Council no later than February 1, 2009.

Was made by Mayor Prague
Seconded by Deputy Mayor Bazzano

Ms. Liz Pendleton of 319 Hilton Drive came before the Town Council to question if the status of the Ambulance Corps changes and they become a regular entity for profit, how would the placement of a private business in a public building be handled?  Mr. Galligan explained that if the Ambulance Corps became a business for profit, they would have to look for another location or the Town would have to publicly bid that space in order to offer that space to other businesses that are interested in that space.  
ITEM:

17.     H.      (continued)

Councillor Yagaloff requested that while negotiations are taking place with the Ambulance Corps, he would like the Town Manager to consider the following:  If the Ambulance Corps remains a BLS status, the Town will charge them fair and reasonable rate amounts; but if the Ambulance Corps brings their status up to an ALS status, the Town would allow them to pay a lesser amount below fair market value.  This concept would provide incentive to the Ambulance Corps to increase the level of security and safety through the Ambulance.

Councillor Oates suggested that the Town Manager and Larry Gorman discuss mechanisms to get to the ALS status which would include the cost and time frame.

Councillor McCann made a friendly amendment to read as follows:

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council directs Town Manager, Matthew B. Galligan to enter into negotiations with the South Windsor Ambulance Corps., Inc. and to bring a proposed contract back to the Town Council no later than February 1, 2009.

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

Deputy Mayor Bazzano made a motion to Suspend the Rules in order to go to Item 18. A.  Councillor McCann seconded the motion; and it was approved, unanimously.

18.     Passage of Ordinance

  • Resolution Adopting a Proposed Ordinance, an “Ordinance Establishing the Juvenile Firesetter Intervention and Prevention Commission”
BE IT RESOLVED that the South Windsor Town Council hereby adopts an “Ordinance Establishing the Juvenile Firesetter Intervention and Prevention Commission” said Ordinance more fully described in attached Exhibit B., a copy of which is on file in the Office of the Town Clerk.

Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
ITEM:

18.     A.      (continued)

Answering various questions from the Council, Mr. Summers, Fire Marshal, discussed the projected budget that would be necessary for this Commission, but felt the projected budget is an item the Commission should decide.  Mr. Summers then explained that he felt it would be feasible to report on the Commissions accomplishments on a yearly basis to the Town Council.

Deputy Mayor Bazzano made a motion to Suspend the Rules in order to go to Item 17. E. and Item 17. F.  Councillor Pelkey seconded the motion; and it was approved, unanimously.

17.     New Business    

E.      Resolution Approving the Transfer of $15,000 from the 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 $15,000 from the Contingency Account to the Special Revenue Recreation Fund Veteran’s Memorial Park Capital Outlay Other (00-450) Account to cover the installation of manufactured replacement drain covers at Veteran’s Memorial Pool facility to comply with the mandated Virginia Graeme Baker Pool and Spa Safety Act.

Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano

Mr. Ray Favreau, Director of Recreation came forward and answered various questions from the Town Council.  

Councillor Yagaloff stated that he felt the funding for this project should come from the Recreation budget.  Mr. Galligan stated that when it comes to year end and there is extra money, that money can be put back into the Contingency Account if that is what the Council wishes.

Mayor Prague called for a vote on the Resolution.  It passed on a Roll Call vote of 8 to 1 with Mayor Prague, Deputy Mayor Bazzano, Councillors, Hale, Havens, Maneeley, McCann, Oates, Pelkey all voting in favor of approval of this Resolution; and Councillor Yagaloff voting against approval of this Resolution.
ITEM:

  • Resolution Authorizing the Waiving of Competitive Bidding for Installation of Manufactured Replacement Drain Covers at Veteran’s Memorial Pool
WHEREAS, the South Windsor Town Council recognizes the Virginia Graeme Baker Pool and Spa Safety Act that had taken effect on December 19, 2008; and

WHEREAS, the pool can not be used until this retrofit has been completed at an anticipated cost of $15,000; and

WHEREAS, the South Windsor Town Council acknowledges that timing is critical in order to complete the renovations and have the ability to open the pool on time for the 2009 swimming season

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the waiving of competitive bidding to complete the mandated renovations to the Veteran’s Memorial pool.

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

13.     Communications and Petitions from Council

Answering questions from the Council, Mr. Galligan stated he would get an update on the Mobil on Oakland Road for the Town Council and would also find out if the property is current on taxes.

14.     Public Participation

Ms. Liz Pendleton of 319 Hilton Drive requested that prior to Veteran’s Memorial Pool being opened, she would like hand rails to be constructed on the ramps leading to the gate.

Mr. Roy Normen of 158 Homestead Drive urged the Town Council to not spend renovations costs on a building that the Town does not own.  The Town will come out ahead by delaying the project and wait to purchase the building in the fourth year.
ITEM:

14.     Public Participation (continued)

Mr. John Mitchell, 40 Windy Hill Drive stated that the Town Council needs to make responsible fiscal decisions regarding the Town Hall Annex.

Mrs. Teri Dickey-Gaignat, 30 Devonshire Drive came before the Town Council to discuss the Town Hall Annex renovations.  The contract that the Town entered, gives all of the power to the owner of the property.

Mr. Tim Shepard, 585 Main Street stated that the Town should not build out the Town Hall Annex.

Mr. Herb Asplund, 56 Tumblebrook Drive felt the Town should own the property prior to doing any renovations.

Mr. Tim Moriarty, 90 Skyline Drive came before the Council to speak against the Town Hall Annex.  Items 16. A. and 17. G. should not be approved because it would be a waste of tax payers money.

15.     Consent Agenda

Motion to approve Agenda Items 17. A. through 17. D., as the Consent Agenda.

Was made by Councillor Yagaloff
Seconded by Councillor Hale

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

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

17.     New Business

A.      Resolution Accepting the Resignation of Anthony Fornuto (D) from the Board of Education

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Anthony Fornuto (D) from the Board of Education, said resignation to be effective immediately; and
ITEM:

17.     A.      (continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Mr. Fornuto for the time he has dedicated to servicing his community by his membership on the Board of Education.

(APPROVED BY CONSENT AGENDA)
        
B.      Resolution Reappointing Thomas Deming (D) an Alternate to the Water Pollution Control Commission and Postponing Consideration of the Motion until the Town Council’s Next Regularly Scheduled Meeting   

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Thomas Deming (D) an Alternate to the Water Pollution Control Commission for a term ending November 30, 2011 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

C.      Resolution Appointing James Neary (D) to the Public Building Commission and Postponing Consideration of the Motion until the Town Council’s Next Regularly Scheduled Meeting    

BE IT RESOLVED that the South Windsor Town Council hereby appoints James Neary (D) to the Public Building Commission for a term ending November 30, 2011 to fill an unexpired term of Daniel Jeski and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

D.      Resolution Appointing Anthony Duarte (D) to the Board of Education and Postponing Consideration of the Motion until the Town Council’s Next Regularly Scheduled Meeting 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Anthony Duarte (D) to the Board of Education for a term ending November 9, 2009 to fill an unexpired term of Anthony Fornuto 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 Endorsing Renovations to 1530 Sullivan Avenue

WHEREAS, the Town of South Windsor is presently in a lease/purchase agreement with Kerin & Kerin, LLC for property located at 1530 Sullivan Avenue; and

WHEREAS, the Town of South Windsor brought this project out to bid as directed by the Town Council, and received a bid from Cutter Enterprises, who was the lowest bidder, to complete renovations on said property

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby endorses the renovation and purchase of the Town Hall Annex, 1530 Sullivan Avenue; and

BE IT FURTHER RESOLVED that the Town Council authorizes Town Manager, Matthew B. Galligan, to fund the renovations by allocating $500,000 in the current capital projects budget, $650,000 from the Capital Account for Road and Improvements, in addition to the $308,000 allocated by the owners of the building; and

BE IT FURTHER RESOLVED that Town Manager, Matthew B. Galligan, be directed to sign the contract with Cutter Enterprises for the Town Hall Annex renovations, and

BE IT FURTHER RESOLVED that the Town Council commits to allocate $737,500 in the 2009/2010 town budget towards the purchase of 1530 Sullivan Avenue.

Was made by Councillor Havens
Seconded by Councillor Pelkey

Councillor Havens stated that the Town is presently in a lease agreement and should not postpone this item any further.  A new Council will be elected in November and this item should not be delayed.  
ITEM:

16.     A.      (continued)

Councillor Pelkey stated that alternatives were discussed for the Town Hall Annex and the old post office was the best alternative at the time.  The money would be spent to service the residents of the Town.  When the Town first entered into this agreement, the intent was always to purchase the property.  Money was supposed to put aside for this project each year so that when the fourth year hit, the Town would have the money to purchase the property.  The Town Council did not put the money aside or follow the original plan and that is what made this a bad plan.  There are a lot of pluses for the town to go forward with this plan.

Councillor Maneeley felt she could not justify spending money on a building that the town does not own.

Deputy Mayor Bazzano stated that he is against spending money on the renovations and purchasing the property.  

Councillor Oates felt that the Town should continue to move ahead with the allocation of funds and move forward with the purchase of the property when that comes forward.  Do not want to support the resolution, but will support allocating funds.

Councillor Yagaloff stated that he is not comfortable throwing money away each month on the lease and feels the Town should go forward and get this project done.  It will cost the town more money later and he would be supporting the resolution.

Councillor McCann reviewed the scenarios of this project and also felt the Town Council needs further clarification of what the owner is going to be doing and what the Town is responsible for.  Councillor McCann stated he would be voting against this resolution at this time.

Councillor Hale reiterated what Councillor Yagaloff stated regarding throwing money away each month and the Town has no realistic options other than to buy the property and also renovate it for use.  Councilor Hale said she would support this resolution.
ITEM:

16.     A.      (continued)

Mayor Prague stated he would fully support setting money aside to renovate this property after the Town purchases it.  Therefore would not support the resolution as is presently.

Councillor Pelkey suggested buying the building as soon as possible.

At 11:00 p.m., Councillor Havens made a motion to extend the meeting to 11:10 p.m.; Deputy Mayor Bazzano seconded the motion; the motion passed unanimously.

Council members discussed further the concept of purchasing the building and putting money aside to renovate it at a later date.  

Deputy Mayor Bazzano made a motion to call the question.  Councillor McCann seconded the motion to call the question, and the motion failed 4 to 5 with Councillor Hale, Havens, Pelkey and Yagaloff voting in favor of the Resolution; and Mayor Prague, Deputy Mayor Bazzano, Councillors Maneeley, Oates, and McCann voting in opposition of the Resolution.

At 11:10 p.m., Deputy Mayor Bazzano made a motion to extend the Regular Meeting to 11:20 p.m.; Mayor Prague seconded the motion; the motion failed, and the meeting ended.


Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council