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Town Council Action Minutes 6-1-09
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Action Minutes  Page 1  June 1, 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 8:10 p.m.

4.      Roll Call

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

Also Present:           Matthew B. Galligan, Town Manager

Following the Roll Call, Deputy Mayor Gary Bazzano recognized the South Windsor Girls Travel Basketball Teams, 6th, 7th, and 8th) for each winning their championship game.  He also congratulated the 7th grade team for having an undefeated season.

5.      Public Input

        Mr. Jim Morrison, 167 Ayers Road came before the Town Council.  He said that he has heard that the Police Department may have lay offs.  He then stated that the Police Department handles many serious issues as well as quality of life issues.  Layoffs would interrupt this process and effect the Town negatively.

Mr. Morrison also stated that he had voted not on the pump station referendum because he felt the Town needed to use the money for other issues.

6.      Environmental Health & Safety Message

        None


ITEM:

7.      Adoption of Minutes of Previous Meetings

BE IT RESOLVED that the South Windsor Town Council hereby approves the Minutes of the following Town Council Meetings:  Work Sessions of March 16, 2009, April 6, 2009 and May 4, 2009; Special Work Sessions of March 18, 2009, March 30, 2009, March 31, 2009, April 27, 2009, April 29, 2009 and May 6, 2009; Public Hearings of April 6, 2009  and May 4, 2009 (2); and Special Meetings of April 27, 2009, April 29, 2009 (Emergency Meeting), May 6, 2009 and May 11, 2009; and Regular Meetings of March 16, 2009, April 20, 2009 and May 4, 2009.

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

15.     Consent Agenda

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

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

17.     New Business

A.      Resolution Accepting the Resignation of Dr. Bruce Burnham (R) from the Historic District Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Dr. Bruce Burnham (R) from the Historic District Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Dr. Burnham for the time he has dedicated to servicing his community by his membership on the Historic District Commission.

APPROVED BY CONSENT AGENDA


ITEM:

17.     New Business (continued)

B.      Resolution Appointing Peter Jennings (R) a Full Member to the Historic District Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
        
        BE IT RESOLVED that the South Windsor Town Council hereby appoints Peter Jennings (R) a full member to the Historic District Commission for a term ending November 30, 2009 to fill an unexpired term of Dr. Bruce Burnham, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

APPROVED BY CONSENT AGENDA

C.      Resolution Appointing Louise Evans (R) an Alternate to the Historic District Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
        
        BE IT RESOLVED that the South Windsor Town Council hereby appoints Louise Evans (R) an Alternate to the Historic District Commission for a term ending November 30, 2011 to fill an unexpired term of Peter Jennings, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

APPROVED BY CONSENT AGENDA

16.     Unfinished Business

A.      Resolution Adopting a Budget for the Special Revenue Pollution Control and Wastewater Treatment Fund for Fiscal Year 2009/2010
                
        BE IT RESOLVED that the South Windsor Town Council adopts a Special Revenue Pollution Control & Wastewater Treatment Fund Budget and Capital Expenditures Budget totaling $4,065,797 commencing on July 1, 2009, and terminating on June 30, 2010.

Was made by Mayor Prague
Seconded by Councillor Yagaloff

ITEM:

16.     A.      (continued)

After various questions being answer by Mr. Shaw, Superintendent of Pollution Control, Deputy Mayor Bazzano made a motion to Amend the Resolution as follows:

BE IT RESOLVED that the South Windsor Town Council adopts a Special Revenue Pollution Control & Wastewater Treatment Fund Budget and Capital Expenditures Budget totaling $3,507,797 commencing on July 1, 2009, and terminating on June 30, 2010.

Councillor McCann seconded the motion and the Amendment, it passed on a Roll Call vote of 5 to 3 with Mayor Prague, Deputy Mayor Bazzano, Councillor Maneeley, Councillor McCann and Councillor Oates all voting in favor of the Amendment.  Councillor Pelkey, Councillor Hale, and Councillor Yagaloff voting in opposition to the Amendment.

After more discussion, Mayor Prague called for a vote on the Amended Resolution, it passed on a Roll Call vote of 5 to 3 with Mayor Prague, Deputy Mayor Bazzano, Councillor Maneeley, Councillor McCann and Councillor Oates all voting in favor of the Amended Resolution.  Councillor Pelkey, Councillor Hale, and Councillor Yagaloff voting in opposition to the Amended Resolution.

Mayor Prague made a motion to Suspend the Rules to go to Item 16. D., Councillor Hale seconded the motion; and it was approved, unanimously.

D.      Resolution Authorizing the Town Manager to Enter Into a Mutual Assistance Agreement with the Town of Vernon for the Designation of Fire Marshals
        (Councillor Oates)

        WHEREAS, the Town of South Windsor and the Town of Vernon believe that mutual assistance in the sharing of the expertise and services of their respective Fire Marshals and/or Deputy Fire Marshals is in the best interests of each town; and

        WHEREAS, the Town of South Windsor and Town of Vernon is each willing to designate its Fire Marshal and/or Deputy Fire Marshal to act as a “Deputy Fire Marshal” in the other town; and

(Resolution Continued on Next Page)

ITEM:

16.     D.      (continued)

        WHEREAS, an agreement between the Town of South Windsor and the Town of Vernon providing for the services and expertise of the Fire Marshal and/or Deputy Fire Marshal of the other town has been prepared; and

        WHEREAS, Section 7-148cc of the Connecticut General Statutes requires that any agreement related to the joint performance of municipal functions be approved in the same manner as an Ordinance; and

        WHEREAS, Section 29-297(a) of the Connecticut General Statutes requires the appointment of a Deputy Fire Marshal to be made by the legislative body

        NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby:

  • Authorizes the Town Manager to execute an agreement with the Town of Vernon, providing for mutual assistance between the two municipalities and the sharing of services and expertise of their respective Fire Marshals and/or Deputy Fire Marshals in a form satisfactory to the Town Attorney; and
  • Upon the execution of said agreement, appoints the Fire Marshal of the Town of Vernon as Deputy Fire Marshal of the Town of South Windsor subject to the terms of the Mutual Assistance Agreement executed by the Town Manager.
Was made by Councillor Oates
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously

B.      Resolution Adopting a Budget for the Special Revenue Recreation Fund for Fiscal Year 2009/2010

        BE IT RESOLVED that the South Windsor Town Council adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,592,306; commencing on July 1, 2009, and terminating on June 30, 2010.

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

ITEM:

16.     Unfinished Business (continued)

C.      Resolution Appointing a Rate Maker for Fiscal Year 2009/2010

        BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal Year 2009/2010.

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

E.      Resolution Authorizing the Town Manager to Sign and Execute the Foster Farm Lease Agreement
        
WHEREAS, at their April 27, 2009 Regular Meeting, the Town Council referred 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; and

WHEREAS, at their May 12, 2009 Regular Meeting, the Planning & Zoning Commission voted unanimously to endorse the Foster Farm Lease Agreement for 215 Avery Street

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute the Foster Farm Lease Agreement and any other necessary documents on behalf of the Town of South Windsor.

Was made by Councillor Pelkey
Seconded by Councillor Hale

Council members discussed having public access to trails on the property, it was decided the designated pathways could be discussed at a later day.

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

ITEM:

16.     Unfinished Business (continued)

F.      Resolution Submitting Road and Drainage Capital Improvement Projects to the Planning and Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes
        
        WHEREAS, the realignment of West Road to smooth out a sharp “S” curve (by house #175) was on the list of Road and Drainage Capital Improvement Projects that was approved for funding by a Bond Referendum that passed in November 2006; and

        WHEREAS, the proposed fire station will have two driveways on West Road and this road needs to be widened and improved from Sullivan Avenue to the proposed fire station driveways to accommodate fire trucks and utilities; and

        WHEREAS, any plan for improvements to Town streets, bridges, culverts, drainage and sewerage systems must first be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes

        NOW, THEREFORE, BE IT RESOLVED that reconstruction and realignment of West Road from Sullivan Avenue through the sharp “S” curve (by house #175) be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.

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

G.      Resolution Amending An Approved Resolution in Support of Health and Safety Preparedness for Potential Flu Outbreaks

WHEREAS, at the Special Meeting of April 29, 2009, the Town Council approved a resolution in support of Health and Safety Preparedness for Potential Flu Outbreaks; and

WHEREAS, in the resolution, it authorizes the transfer of $68,000 from the Contingency Account to the Town Manager’s Professional Account; and

WHEREAS, presently the Contingency Account has a balance of $62,836.65

ITEM:

16.     G.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby amends the amount in the approved resolution to be $62,836.65.

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

17.     New Business

D.     Resolution Reappointing Jeff Prague (R) 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 Jeff Prague (R) to the South Windsor Alliance for Families for a term ending September 1, 2010, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Oates
Seconded by Councillor Pelkey
The motion was approved on a Roll Call vote of 7 to 0 with Mayor Prague abstaining

E.      Resolution Accepting the Resignation of Paul Oates (R) an Alternate to the Historic District Commission

        BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Paul Oates (R) an Alternate to the Historic District Commission, said resignation to be effective immediately; and

        BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Paul Oates for the time he has dedicated to servicing his community by his membership on the Historic District Commission.

Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano
The motion was approved on a Roll Call vote of 7 to 0 with Councillor Oates abstaining



ITEM:

17.     New Business (continued)

F.      Resolution Appointing Katherine Foley (R) an Alternate to the Historic District Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting

BE IT RESOLVED that the South Windsor Town Council hereby appoints Katherine Foley (R) an Alternate to the Historic District Commission for a term ending November 30, 2012 to fill an unexpired term of Paul Oates, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

G.      Resolution Approving the Close-Out and Transfer of Completed Sewer Special Revenue Fund Capital Projects to the Sewer Special Revenue Fund Reserve for Capital Projects Account
        
WHEREAS, the South Windsor Water Pollution Control Authority, at its regular meeting on May 6, 2009, approved the close-out of the completed Capital Projects listed below; and

WHEREAS, the following Capital Projects must be closed out by transferring the remaining balances to the Sewer Special Revenue Fund Reserve for Capital Projects account:

        Project Name                                            Amount

        Combination Line Cleaning Equipment              $           202
        Benedict, Clark, PV SCADA                       ($        1,353)
        Upgrade Dry Pit Pump Station                     $ 1,438,200
        Corrosion Protection – Tanks                     $      53,498
        Sewer Extension Buckland Road                    $        8,766
                                                                         $ 1,499,313

ITEM:

17.     G.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $1,499,313 from various Sewer Capital Project accounts to the Sewer Special Revenue Fund Reserve for Capital Projects account.

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

H.      Resolution Supporting the Use of Bonded Road and Drainage Capital Improvement Funds to Replace the Annual Road Resurfacing Program

WHEREAS, the Town has historically funded a Capital Road Resurfacing Program in an effort to maintain the Town of South Windsor’s road infrastructure in good state of repair; and

WHEREAS, the annual evaluation of the Town’s Pavement Management Report recommends a funding level o $3.5 million per year to maintain the roads in their current condition; and

WHEREAS, the funding proposed in the Fiscal Year 2009/2010 Capital Budget for Road resurfacing has been eliminated; and

WHEREAS, it would be in the Town’s best interests to continue some level of a Road Resurfacing Program this coming year

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the use of $850,000 from the Bonded Road and Drainage Capital Improvement Funds for the use in continuing a Road Resurfacing Program during Fiscal Year 2009/2010.

Was made by Councillor Pelkey
Seconded by Councillor Maneeley

After a lengthy discussion Councillor Hale made a motion to table this item until the next regularly scheduled meeting.  Councillor Yagaloff seconded the motion and it was approved, unanimously.



ITEM:

17.     New Business (continued)

I.      Resolution Approving a Refund of Taxes to Twenty-Seven (27) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty-seven (27) South Windsor Taxpayers, the total of said refunds being $4,788.78.

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

21.     Executive Session

At 10:49 p.m. Councillor Hale made a motion to go into Executive Session to discuss a personnel issue, (Union Contracts).  Deputy Mayor Bazzano seconded the motion and it was approved, unanimously.

The following individuals went into Executive Session:  Mayor Prague, Deputy Mayor Bazzano, Councillor Hale, Councillor Maneeley, Councillor McCann, Councillor Oates, Councillor Pelkey, Councillor Yagaloff and Town Manager Matthew Galligan
22.     Adjournment

At 11:30 p.m. the Executive Session and Regular Meeting adjourned.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council