TOWN OF SOUTH WINDSOR
MINUTES
TOWN COUNCIL SPECIAL MEETING
COUNCIL CHAMBERS APRIL 27, 2009
SOUTH WINDSOR TOWN HALL TIME: 8:00 P.M.
1. Call Meeting to Order
Mayor Prague called the Special Meeting to order at 8:00 p.m. and then recessed the Special Meeting in order to finish the Work Session. The Special reconvened at 9:05 p.m.
2. Roll Call
Members Present: Mayor Cary Prague
Deputy Mayor Gary Bazzano
Councillor Kathryn Hale
Councillor Edward Havens
Councillor Kevin McCann
Councillor Paul Oates
Councillor John Pelkey
Councillor Keith Yagaloff
Also Present: Matthew Galligan, Town Manager
3. Public Participation
None
4. Special Unfinished Business
- Resolution Authorizing the Town Council to Refer the Foster Farm Lease Agreement for 215 Avery Street to the Planning & Zoning Commission for a Report as Required under Section 8-24 of the Connecticut General Statutes (tabled from 4-20-09 Regular Meeting)
WHEREAS, the Town of South Windsor purchased 39 acres of farm land also known as the Foster Farm, located at 215 Avery Street, for preservation; and
(Resolution Continued on Next Page)
ITEM:
4. A. (continued)
WHEREAS, the Foster Family has first right of refusal to lease the farm land at 215 Avery Street and would like to enter into a lease agreement to continue farming the property; and
WHEREAS, the South Windsor Town Attorney has prepared a lease agreement to that effect
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby refers the Foster Farm Lease Agreement for 215 Avery Street to the Planning & Zoning Commission for a report as required under Section 8-24 of the Connecticut General Statutes.
Was made by Councillor Yagaloff
Seconded by Councillor Pelkey
Answering questions from the Council, Mr. Galligan explained that in the original contract, the Foster Family has the right to farm this land. If the town allows residents to walk this property while it is being farmed, there could be liability issues. While this property is still being farmed, town staff could take the five years to decide what options there are with this property.
Councillor Yagaloff stated he would support this resolution, but will not make any commitment to support the lease.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
- Resolution Approving a Waiver of Interest on a Tax Lien (tabled from 4-20-09 Regular Meeting)
WHEREAS, the Human Services Department is requesting that an interest amount on a lien be waived, thus allowing a client to sell their home
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the waiving of interest on said lien in the amount of $3,032
Was made by Councillor Pelkey
Seconded by Councillor Havens
ITEM:
4. B. (continued)
Ms. Carol Donlon of 110 McGrath Road came forward and explained that this issue goes back to 1994 when the town helped her financially hook up to the public sewer system. The town records show that only one payment was made. Ms. Donlon said that she recollects paying the town back in full, but has not paper work to that effect and is willing to pay the original amount but would request that the Town Council waive the interest. It is necessary for the lien on the property to be removed so refinancing can begin. Ms. Donlon also questioned why she had never received anything explaining that her property has a lien on it.
Councillor Yagaloff made a motion to change the amount of $3,032 to $1,516. Councillor Pelkey seconded the motion. The motion died, no vote was taken.
Council member discussed this issue at length. It was decided that this issue should be investigated further by the town and then brought back to the Town Council in one week.
Mayor Prague made a motion to table this resolution until the Regular Meeting of May 4, 2009. Councillor Pelkey seconded the motion; and it was approved, unanimously.
5. Special New Business
- Resolution Accepting the Resignation of Jack Chinsky (D) from the Board of Education
BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Jack Chinsky (D) from the Board of Education, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Dr. Chinsky for the time he had dedicated to servicing his community by his membership on the Board of Education.
Was made by Councillor Havens
Seconded by Councillor Pelkey
Councillor Havens and Councillor Yagaloff thanked Dr. Chinsky for his service to the Town and both stated that the Board of Education is losing a valuable advocate of education.
ITEM:
5. A. (continued)
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
Councillor Pelkey made a motion to Suspend the Rules in order to have Dr. Schwartz, Director of Health come forward to update the Town Council and public about the Swine Flu. Councillor Maneeley seconded the motion; and it was approved, unanimously.
Dr. Schwartz, Director of Health for the Town of South Windsor came forward. He explained that this new viral problem (Swine Flu) will have much more information provided about it in the days to follow. There is a conference call that is scheduled for each morning. This viral infection began in Mexico where there are approximately 1,600 hospitalized and 150 deaths related to this viral infection. There are 50 known cases in the United States. This is a treatable disease with the proper medication. Each State will be receiving more of the medications that are necessary to treat this virus. It is the hope of all involved that a vaccine will be ready in the fall.
5. Special New Business
B. Resolution Appointing Diane Behler (D) to the Board of Education 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 Diane Behler (D) to the Board of Education for a term ending November 9, 2009 to fill an unexpired term of Dr. Jack Chinsky and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councillor Hale
Seconded by Councillor Pelkey
The motion was approved, unanimously
ITEM:
5. Special New Business
C. Resolution Approving the Connecticut Studios Purchase and Sale Agreement
WHEREAS, the Economic Development Commission has reviewed and approved the Purchase and Sale Agreement with Connecticut Studios at their meeting held on April 22, 2009; and
WHEREAS, the Redevelopment Agency has reviewed and approved a Purchase and Sale Agreement with Connecticut Studios at their meeting held on April 20, 2009; and
WHEREAS, the agreement was sent to the South Windsor Town Council for their consideration, review and approval; and
WHEREAS, the Town Council has found this Purchase and Sale Agreement to be in the best interest of the Town of South Windsor and supports this project
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby approves said Purchase and Sale Agreement Between the Town of South Windsor and Connecticut Studios; and
BE IT FURTHER RESOLVED that the Town Council hereby authorizes Town Manager, Matthew B. Galligan, upon consultation with the Town Attorney, Halloran & Sage, LLP, to executive said purchase and sale agreement with Connecticut Studios and execute all documents necessary to implement said purchase and sale agreement.
Mayor Prague made a motion to postpone consideration of this Resolution until the May 4, 2009 Regular Meeting. Councillor Pelkey seconded the motion; and it was approved, unanimously.
ITEM:
5. Special New Business
D. Resolution Adopting a Capital Asset Policy in order to Maintain the Fiscal Stability and Continuity of the Town of South Windsor’s Financial Statements
WHEREAS, the Town of South Windsor has always been fiscally conservative in it’s dealing with financial statements; and
WHEREAS, the South Windsor Town Council has always been fiscally responsible in the areas of Capital Asset Policy; and
WHEREAS, the South Windsor Town Council now wishes to take those practices and procedures and put them into a formal written policy
NOW, THEREFORE, BE IT RESOLVED that the Town Manager, Finance Director and Staff are to follow these policies in all future endeavors when preparing financial information and budgets so that the Town can maintain its fiscal stability.
Was made by Councillor Maneeley
Seconded by Councillor Oates
Councillor Hale made a motion to table this item to the May 4, 2009 Regular Meeting. Councillor McCann seconded the motion; and it was approved, unanimously.
E. Resolution Authorizing the Waiving of Competitive Bidding for the construction of Rye Street Park Shelter (concession stand, restrooms and storage area)
WHEREAS, there is a need to construct a concession stand, restrooms and a storage area at Rye Street Park (hereinafter referred to as either the “Rye Street Park Shelter” or “Shelter”) in conjunction with the athletic fields which are currently under construction at the park per the adopted Park & Recreation Commission Master Plan; and
WHEREAS, the South Windsor Town Council recognizes the importance of the Shelter to support the Youth Athletic programs and other recreational activities at the park; and
(Resolution Continued on Next Page)
ITEM:
5. E. (continued)
WHEREAS, the South Windsor Town Council acknowledges that timing is critical in order to complete construction of the Shelter in conjunction with the completion of the new fields that are currently being constructed through the STEAP Grant Program; and
WHEREAS, it has been determined that in order to have the shelter completed by the fall of 2009, the project must start immediately; and
WHEREAS, in order to start the Shelter immediately the bid process set forth in Section 714 of the Town Charter must be waived; and
WHEREAS, the Town Council, pursuant to Section 714 of the Town Charter, has determined that requiring the use of such bid process in this instance is contrary to the best interests of the Town of South Windsor
NOW, THEREFORE, BE IT RESOLVED that the Town Council has determined that the bid process required pursuant to Section 714 of the Town Charter for the immediate construction of the Rye Street Park Shelter is not in the best interest of the Town of South Windsor and is hereby waived.
BE IT FURTHER RESOLVED that Town Manager, Matthew B. Galligan, is directed to negotiate and execute any and all contracts necessary to begin the immediate construction of the Rye Street Shelter.
Was made by Deputy Mayor Bazzano
Seconded by Councillor Oates
Councillor Yagaloff stated he has never been in favoring of waiving competitive bidding unless there is an emergency or safety issue and feels more information is required prior to a decision being made.
Councillor Oates said he would be supporting this resolution. This resolution will address safety concerns because presently there are no facilities up there. Waiving would keep business in town and would support local economy.
ITEM:
5. E. (continued)
Councillor Maneeley stated that this would address a safety issue at Rye Street Park.
Councillor Pelkey stated that while he agrees with Councillor Yagaloff that the project specifics should be discussed, he would be supporting this resolution based on the necessity of having a facility at Rye Street Park. Councillor Pelkey felt a limit of $150,000 should be placed on this resolution per a past presentation by Ray Favreau.
Councillor McCann said he would support this resolution because he feels that Rye Street Park is isolated and there is a need for shelter and restrooms at the park. Councillor McCann then stated he would not have a problem putting a limit on the funds available for this project.
Councillor Hale stated she feels the facilities are desirable to have there and there is a safety issue, but there has been plenty of time previous to this to go through competitive bidding. Waiving of competitive bidding is a bad policy overall.
Mr. Darren DeMartino from 36 Judge Lane came before the Council to discuss this resolution. He stated that this building is a necessity. The Park & Recreation Commission has spent a lot of time planning this facility and feels it is important to get this done.
Councillor Pelkey made a motion to Amend this resolution. At the end of the last paragraph after the word Shelter, the following should be added: “and said price not to exceed $150,000”. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
Mayor Prague called for a vote on the Amended Resolution. It passed on a 7 to 2 vote with Mayor Prague, Deputy Mayor Bazzano, Councillors Havens, Maneeley, McCann, Oates and Pelkey all voting in favor of approval; and Councillors Hale and Yagaloff voting in opposition of approval.
ITEM:
5. New Special Business
- Resolution Supporting the Addition of Sand Hill Road Pavement Rehabilitation, Lawrence Road Reconstruction, and Hayes Road Reconstruction to the List of Road and Drainage Capital Improvement Projects
WHEREAS, on March 16, 2009, the South Windsor Town Council approved a resolution adding Sand Hill Road Pavement Rehabilitation, Lawrence Road Reconstruction, and Hayes Road Reconstruction to the List of Road and Drainage Capital Improvement Projects; and
WHEREAS, as part of the approval process, this issue is required to be submitted to the Planning & Zoning Commission pursuant to Section 8-24 of the Connecticut General Statutes; and
WHEREAS, the Planning & Zoning Commission disapproved the 8-24 referral at their regular meeting held on April 14, 2009
WHEREAS, the Town Council reviewed the Planning & Zoning Commissions report regarding this issue
NOW, THERERFORE, BE IT RESOLVED that the South Windsor Town Council supports these projects to be added to the list of Road and Drainage Capital Improvement Projects that were approved for funding by a Bond Referendum that passed in November, 2006.
Was made by Councillor McCann
Seconded by Councillor Pelkey
Councillor Pelkey stated that this resolution is to approve to place the three projects on the list of Road and Drainage Capital Improvement Projects and at a later date the projects will come before the Town Council for a decision.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
ITEM:
5. New Special Business
- Resolution Supporting the Project of the Indoor Pitching and Batting Facility
WHEREAS, the South Windsor Town Council approved a resolution submitting the Indoor Pitching and Batting Facility to the Planning & Zoning Commission pursuant to Section 8-24 of the Connecticut General Statutes on March 16, 2009; and
WHEREAS, the Planning & Zoning Commission disapproved the project at their regular meeting held on April 14, 2009; and
WHEREAS, the Town Council reviewed the Planning & Zoning Commissions report regarding this issue
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council supports the project of the Indoor Pitching and Batting Facility.
Was made by Councillor Hale
Seconded by Councillor Pelkey
Councillor Hale urged Council members to support this resolution. The Town will have a facility that can be used all year long for a reasonable cost. This project was disapproved by the Planning & Zoning Commission and the reasons were not areas that are in their jurisdiction.
Councillor Pelkey stated that the Town Council needs to override the Planning & Zoning Commissions decision and move forward with this project. This will be a nice facility that will be hugely utilized.
Councillor MCann felt this project should get constructed and he would be supporting the resolution.
Mayor Prague stated that this is a public/private partnership which will be utilized all year long for the next 20 to 30 years and he would support this resolution.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
ITEM:
5. New Special Business
- Resolution Authorizing the Closing of the Storm Drainage Bank Account and the Expenditure of all Funds in the Account
WHEREAS, the Town of South Windsor opened a bank account titled Storm Drainage Account on August 1, 1984; and
WHEREAS, there has been no activity in the account for over ten years, except for interest earnings; and
WHEREAS, the account is with Bank of America and has a current balance of approximately $127,000; and
WHEREAS, the practice fields at South Windsor High School need to be renovated
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the closing of the Storm Drainage Account at Bank of America; and
BE IT FURTHER RESOLVED that the South Windsor Town Council approves the expenditure of all funds held in the statement savings account for the renovation of the practice fields at South Windsor High School.
Was made by Councillor Oates
Seconded by Councillor Pelkey
Councillor Pelkey voiced concern regarding the money being taken out of an account that has been dormant for ten years and then requested that a list of all accounts be drafted in order for the Town Council to know what other accounts are out there that have not been active.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
ITEM:
5. New Special Business
- Resolution Setting a Time and Place for a Public Hearing on the Retiree Health Care Trust
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, May 4, 2009, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Retiree Health Care Trust.
Was made by Councillor Pelkey
Seconded by Councillor Hale
Mr. Galligan, Town Manager explained to the Council that this Retiree Health Care Trust is a requirement under GASB 45. Money is put aside each year to cover employee health care benefits after an employee retires. The only employees that will receive any benefits after retirement are Police Officers.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
6. Executive Session
None
7. Adjournment
At 10:40 p.m., a Motion to Adjourn the Special Meeting was made by Councillor Pelkey. Councillor Maneeley seconded the motion; and was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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