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Town Council Regular Meeting 7-20-09 (draft)
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  July 20, 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 8:05 p.m. and recessed the Regular Meeting.  The Regular Meeting reconvened at 8:15 p.m.

Mayor Prague called for a moment of silence in recognition of Mr. Jack Egan who passed away July 8, 2009.  Mr. Egan was the second Mayor of South Windsor from 1963 to 1965.

4.      Roll Call

Members Present:        Mayor Cary Prague
        Deputy Mayor Gary Bazzano
        Councillor Edward Havens
        Councillor Kathryn Hale (left at 8:50 p.m.)
        Councillor Kevin McCann
        Councillor Paul Oates
        Councillor John Pelkey
Councillor Keith Yagaloff

Members Absent: Councillor Lisa Maneeley

Mayor Prague stated that before the meeting continues, the Town Council would like to honor the men and women who participated in the Tumblebrook Drive incident on July 7, 2009.

Chief Gary Tyler of the South Windsor Police Department came forward and stated that he appreciated the Town Council for recognizing individuals involved in this incident.  Successes such as this do not happen by accident.  It is the training, equipment, personnel, and planning ahead that help in these types of incidents.  Chief Tyler stated that he is very proud of all agencies that were involved, the cooperation throughout the agencies, and thanked everyone involved.

Commander Reed of the South Windsor Police Department came before the Town Council and presented a list of the organizations that participated and contributed to the success of this mission.  They were as follows:

  • The CREST Team (Capitol Region Emergency Services Team)


ITEM:

Tumblebrook Drive Incident (continued)  

  • FBI (Federal Bureau of Investigation)
  • Connecticut National Guard
  • South Windsor Volunteer Fire Department
  • South Windsor Ambulance Corp
  • S.W.A.T. from Newington and West Hartford
  • Neighborhood
  • South Windsor Police Department
Regional Services is what truly emerged victorious.  There were representatives from fifteen law enforcement agencies on the site that day.  Each had specialized equipment and resources that a single community could never afford to provide on its own.  The overtime costs to South Windsor was just over $14,000 but the combined overtime costs for all of the agencies involved was in excess of $55,000.  This incident illustrated many reasons why service sharing among municipalities is beneficial.  

Captain Dave Caron of the Glastonbury Police Department and also the Commander of the CREST Team came before the Town Council to remark on this incident.  He stated that CREST has been in existence for ten years and has been a huge success.  CREST trains on a regular basis.  Captain Caron thanked everyone for the support.

Mayor Prague presented plaques to the following organizations:

  • Hartford Police Department
  • South Windsor Volunteer Fire Department – Company 1
  • South Windsor Volunteer Fire Department – Company 2
  • South Windsor Volunteer Fire Department – Company 3
  • South Windsor Ambulance Corps, Inc.
  • South Windsor Police Services
  • Capitol Region Emergency Services Team (CREST)
Mr. Herb Asplund of 56 Tumblebrook Drive came to the podium and stated that he feels South Windsor has the finest Police Department in the State of Connecticut.  He stated that he observed the leadership, cooperation, coordination amongst the various Towns.  No one was injured in this incident and that was a huge accomplishment.  The South Windsor Volunteer Fire Department also did an exceptional job.  There was nothing left


ITEM:

Tumblebrook Drive Incident (continued)  

of the house, but the surrounding trees and homes were saved.  The South Windsor Ambulance Corps was there all day and served when they were needed.  Mr. Asplund thanked all individuals involved.

Members of the South Windsor Town Council thanked and congratulated everyone involved in this incident.

5.      Public Input

        Chief Crombie from the South Windsor Volunteer Fire Department reported to the Town Council about an Eagle Scout Project that involved public safety.  Matthew Sieminski organized thirty scouts and leaders together and on July 3, 2009 and they installed 320 hydrant marking poles.  These poles are bolted onto the fire hydrants and are used to identify the hydrants.  Chief Crombie stated that the project went well and thanked Matt Sieminski.

6.      Environmental Health & Safety Message

        Answering questions from the Council, Mr. Galligan explained that C L & P had some ideas of how to use the Energy Efficiency Stimulus money that the Town will be receiving.  Mr. Clay Major is working with C L & P and will have him call Councillor Hale and then will update the Town Council at a later date.

Councillor Yagaloff stated that he is still receiving complaints regarding the change in recycling at the condominiums and questioned if it would be possible to receive options for condominiums that would like to go back to the old system?  Mr. Galligan explained that that the contract calls for picking up recycling at the condominiums just as they always did, but the company has a bigger truck now which has created the problem of a common recycling pick up area.


ITEM:

Councillor Hale had to leave the meeting at 8:50 p.m.

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 Session of July 6, 2009;  and Regular Meeting of July 6, 2009.

Was made by Councillor Oates
Seconded by Councillor Yagaloff
The motion was approved with a Roll Call Vote of 5 to 0 with 2 abstentions as follows:  Mayor Prague, Deputy Mayor Bazzano, Councillor Havens, Councillor Oates and Councillor Yagaloff voting in favor of approval; and Councillor Pelkey and Councillor McCann abstaining

8.      Public Petitions

None

9.      Communications from officers and boards Directly Responsible to Council

None

10      Communications and Reports from Town Manager

Town Manager, Matthew Galligan reported on the following items:

  • The concessions that were discussed earlier for Public Works were very good, but would have cut services in the Town.  The direction that the Town Manager received from the Town Council was to look at the salary line item and that is what has been done.  If the Public Works Union took a 2% rather than a 3 ½% raise, those individuals would be back to work.  Later if revenues came in later could be do a retroactive pay back and do something differently. The union did not like that idea.
  • The Police Department Union is in a vote right now and should find out in the next couple of day where they stand with negotiations
  • Still in negotiations with Town Hall Union employees.



ITEM:

10      Communications and Reports from Town Manager (continued)

  • Mr. Galligan was interviewed by channel 61 and 3 concerning the property on Tumblebrook Drive and what is going to happen with that property.  The residents in that area are saying the smell is very bad.  The position the Town has taken is that this is a crime scene and has been handed back over to Mrs. Tyler.  It is now Mrs. Tyler’s responsibility to get rid of the debris.  The attorney for the defendant will need time to review the crime scene.  The Town could not at this time go in there and clean up that area because the Town would then create a liability on the Town.  The Town will be following our legal process under blight.  The Town Council will be kept apprised of this situation.
Answering questions from the Council, Mr. Galligan explained that the Town has restructured the Public Works Department in the past and there have been supervisory positions eliminated from the budget.  The Town has 26 square miles of work that needs to be done and supervisors are necessary to make command decisions.  There are changes that will be discussed.  A committee of Town Council members could be established to discuss the structure of the Town Garage Public Works employees.

Deputy Mayor Bazzano noted that he had reviewed the break down of attorney fees regarding the opinion requested for the texting issue and feels it was fairly substantial.  Deputy Mayor Bazzano then stated that there was a time when the Multi-purpose fields were named Red Shepard Field.  Mr. Galligan explained that he does not think the fields have been renamed, so a sign could be erected with the Red Shepard Field name.

Mr. Galligan then explained the events that took place with the misspelling of Mr. Glenn Rose on the monument at VMP.  The family is willing to pay to have that error corrected.  

Councillor McCann reviewed for the Council and public what was done on the multi-purpose fields.  He explained that in order to build an athletic field it is not just the same as putting in a lawn.  An athletic field needs to withstand heavy usage and needs to last for a long time.  In order to do that it needs to be properly constructed.  Needs a proper base, proper drainage, proper soils and needs to have the grass installed properly and maintained.  In order to rebuild the fields at Shepard Field it needed to start with an assessment of what was there.  Test pits were dug down to six feet in depth to find out what was there.  The topsoil and

ITEM:

10      Communications and Reports from Town Manager (continued)

subsoil was excavated with three hundred cubic yards of rocks being taken out the topsoil.  The subsoil was then leveled and fractured so it would properly drain and topsoil was replaced.  The field had irrigation lines put down and the field had sod put down.  

Answering questions from Mayor Prague, Mr. Galligan explained that there is no excess money in the budget to get Carmen Road and Concord Road repaved.  In order to get these roads redone, something else that was supposed to get done will not get done.  Mr. Galligan stated he would be meeting with Mr. Gantick and will get back to the Town Council regarding this issue of repaving these roads.  Mr. Galligan then explained that there are times when it is decided to close the Town Hall for a day.  This decision is made by the Town Manager and the Mayor is told as a courtesy, but the Mayor does not authorize any days off for employees.

Councillor Pelkey reminded the Council that when a road has declined to a certain point, it rapidly declines and therefore the costs escalate compared to taking care of the road in a timely fashion.

Council members discussed the budget process and how it could affect the budget process.  Mr. Galligan explained that if the Public Works Department comes up with cuts in anything other than the salary line item, the Town Council may have to change the budget somewhere and it would be necessary for the Council to approve a resolution.

Councillor Yagaloff felt that the union negotiations should be kept between the Town Manager and the unions and that no Council members should be making any statements regarding this issue.  Councillor Yagaloff also stated that he was astonished at the amount of money the Town was charged for a simple opinion regarding texting during a meeting and feels there is a problem in the hours it took to research this issue and the way the Town was billed.  

Councillor McCann stated that the Town Council should recognize legal services do not come cheap and should be careful how Council members exercise discretion in asking the Town Attorney to perform services for individual requests.  All requests should be solely for the benefit of the Town.

Councillor Pelkey made a motion to Suspend the Rules to go to Item 17. A. and Item 17. B.  Mayor Prague seconded the motion; and it was approved, unanimously.


ITEM:

17.     New Business    

A.      Resolution Authorizing the Sale or Disposal of Surplus Vehicles

BE IT RESOLVED that the South Windsor Town Council hereby declares the following vehicle to be “surplus equipment” and authorizes Town Manager, Matthew B. Galligan to sell, or other wise dispose of, the following vehicles:

1986 E1 80' Aerial, VIN #1F9BBAA84G1037501, assigned to Volunteer Fire Department – Company 1

Was made by Councillor Yagaloff
Seconded by Councillor Pelkey

Responding to a question from the Council, Chief Crombie stated that he does not feel it is in the best interest of the Town to refurbish this vehicle because you still have twenty year old equipment and to refurbish would still have a high cost.

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

B.      Resolution of Official Intent to Reimburse Expenditures with Bond Proceeds for Costs Related to the Connecticut Studios, LLC Development Project in South Windsor, Connecticut

WHEREAS, the Town of South Windsor, Connecticut (the “Town”) is a political subdivision of the State of Connecticut; and
WHEREAS, the Town is authorized under Municipal Development Projects, Chapter~132 of the General Statutes of Connecticut, Revision of 1958, as amended (the “Act”), to undertake a development project for the assembly, improvement and disposition of land or buildings, or both, to be used principally for industrial or business purposes, including, but not limited to, any commercial, financial or retail enterprise, including any enterprise which promotes tourism and any property that produces income; and



(Resolution Continued on Next Page)
ITEM:

17.     B.      (continued)

WHEREAS, pursuant to the Act, the Town has adopted a project plan entitled “I_291 Corridor District Municipal Development Project, dated February, 2002”, for the area in the Town generally bounded by Route~5 on the west, Chapel Road on the north, Long Hill Road on the east, and Burnham Road on the south (the “Plan”); and

WHEREAS, Connecticut Studios, LLC, a Connecticut limited liability company, the members of which are Pacifica Ventures, LLC, a California limited liability company, and Halden Acquisition Group II, LLC, a Rhode Island limited liability company (together, the “Developer”), has proposed the acquisition, construction and development of a motion picture studio, including sound stages, studio office space, mill space for set construction and a visitor’s center, a hotel, restaurants, retail space, and other facilities, roads, sewers, water lines and other supporting infrastructure as permitted by the Plan (the “Project”); and

WHEREAS, the Town plans to issue tax-exempt revenue bonds in an aggregate principal amount of approximately $25,000,000 in one or more series (the “Bonds”) to provide financing for the Project, which shall be approved by subsequent resolution of the Town Council; and

WHEREAS, the Town or the Developer may incur expenditures for the Project prior to the issuance of the Bonds, which the Town may determine to reimburse from the proceeds of the Bonds

NOW, THEREFORE, BE IT RESOLVED that the Town hereby expresses its official intent pursuant to Section~1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this Resolution in the maximum principal amount of $25,000,000 for costs related to the Project and approved by the Town, with the net proceeds of the Bonds.  Reimbursement of such expenditures from the proceeds of the Bonds, if any, shall occur not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize.  The Town hereby certifies that the intention


(Resolution Continued on Next Page)
ITEM:

17.     B.      (continued)

to reimburse as expressed herein is based upon its reasonable expectations as of this date.  The Town Manager or his designee, upon adoption of proper appropriation by the Town Council, is authorized to pay Project expenses in accordance herewith pending the issuance of Bonds.  This Resolution is
adopted solely for purposes of compliance with the Regulations and may not be used or relied on for any other purpose.  This resolution is not a commitment to issue the Bonds, reimburse any expenditures, or to provide any other assistance to the Developer; and

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon passage.

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

Councillor Pelkey made a motion to Suspend the Rules to go to Item 16. A., Item 17. D., and Item 17. C.  Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.

16.     Unfinished Business

  • Resolution Appointing Dr. Saud Anwar (D) to the Human Relations Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Dr. Saud Anwar (D) to the Human Relations Commission for a term ending November 30, 2011 to fill an unexpired term of Mr. David Snyder.

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

ITEM:

17.     New Business

D.      Resolution Authorizing the Transfer of $50,000 from the Contingency Account to the Town Manager’s Professional Account

BE IT RESOLVED that the South Windsor Town Council approves a transfer of $50,000 from the Contingency Account to the Town Manager’s Professional Account; and

BE IT FURTHER RESOLVED that the Town Council authorizes Town Manager, Matthew B. Galligan to appropriate the matching funds for the construction of the Indoor Baseball and Softball Facility, to the South Windsor Community Foundation with the stipulation that all funds are to be used solely on this facility; and

BE IT FURTHER REOLVED that any unexpended funds are to be returned to the Town’s General Fund.

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

C.      Resolution Authorizing the Town Manager to Execute an Agreement Between the Town and the State of Connecticut for the Construction, Inspection and Maintenance of the Buckland Road Pavement Rehabilitation Project (132-128) Utilizing Federal Funds Under the American Recovery and Reinvestment “Act” of 2009

        WHEREAS, the Town of South Windsor has made application to, and received approval from the State of Connecticut for Utilizing Federal Funds under the American Recovery and Reinvestment “Act” of 2009 for the Buckland Road Pavement Rehabilitation Project (132-128); and

        WHEREAS, the Town shall be responsible for the construction phase of the project; and

        WHEREAS, the “Act” has appropriated dollars to the State to provide funding for highways, bridges and other public safety projects      


(Resolution Continued on Next Page)
ITEM:

17.     C.      (continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan to execute on behalf of the Town of South Windsor, the “Agreement between the State of Connecticut and the Town of South Windsor for the construction, inspection and maintenance of the Buckland Road Pavement Rehabilitation Project, State Project #132-128, Federal Aid Project #1132 (104) utilizing federal funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5”, and the Council adopts as its policy to support the nondiscrimination agreements and warranties required under the Connecticut General Statutes; and

        BE IT FURTHER RESOLVED that Matthew B. Galligan was appointed Town Manager on January 16, 1996 and serves as the Chief Executive Officer for the Town of South Windsor and is duly authorized to enter into agreements and contracts on behalf of the Town of South Windsor.

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

11.     Reports from Standing Committees

        None

12.     Reports of Temporary Committees

        None

13.     Communications and Petitions from Council

Councillor Pelkey requested that if there is a special meeting held in August that it is held on a Monday night.

A Sub-Committee was established of Mayor Prague, Deputy Mayor Bazzano, and Councillor Havens.  They will review the structure of the Town Garage (Public Works Department).



ITEM:

14.     Public Participation

        None

15.     Consent Agenda

        None

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 10:15 p.m. Councillor Pelkey made a motion to adjourn the Regular Meeting.  Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.

Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council