TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 August 31, 2009
TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Prague called the Special Meeting to order at 6:34 p.m.
2. Roll Call
Members Present: Mayor Cary Prague
Deputy Mayor Gary Bazzano
Councillor Edward Havens
Councillor Kathryn Hale
Councillor Lisa Maneeley (arrived at 6:45 p.m.)
Councillor Kevin McCann
Councillor Paul Oates
Councillor John Pelkey
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
3. Public Participation
Ms. Marianne Lassman Fisher, East Windsor Probate Court Judge came to report to the Town Council the redistricting of the Probate Court system. There was legislature passed in July which compels courts to go from 117 statewide to 44 or 50 courts statewide. The location of each court needs to be addressed. A Commission was formed which will present a final plan to legislature by September 15, 2009. Legislature can change the plan or amend the plan. Judge Lassman Fisher stated that it is her goal to keep the Probate Court in South Windsor. There is a proposal that would have East Windsor/South Windsor Probate Court to merge with Windsor Probate Court. There would be 65,000 people serviced under this plan.
Answering questions from the Town Council, Judge Lassman Fisher explained that the Judge in Windsor and herself would have to run for the seat. Records are presently stored in each individual courts vault. This procedure would have to change and be kept on cd’s, microfilms, etc. The work load would increase significantly and more employees for the court would need to be hired.
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council. He stated that because of the deficit, the State will not be in a position to give any Town money in the future. The resolution tonight to appropriate $2,000,000 for future
ITEM:
3. Public Participation (Continued)
purchases of open space should not be going to referendum this year because of the economy and the fund balance should be discussed at tonight’s meeting.
Mr. Mark Duclos, 94 Berle Road came before the Town Council. He stated that he has started a business called, “its About the Kids”. This company focuses on youth sports. Past studies show the effects of kids playing the same sports year round, and kids playing different sports too early. Mr. Duclos then stated, if playing the same sport year round is not good for children and field maintenance is a huge problem, the Town should not provide fields for these types of instances.
4. Town Manager’s Report
None
5. Consent Agenda
Motion to approve Agenda Items 6. O. through 6. S., as the Consent Agenda.
Was made by Councillor Havens
Seconded by Councillor Pelkey
The motion was approved, unanimously
6. Special Business
O. Resolution Accepting the Resignation of Mary DiModugno (U) from the Human Relations Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts, with regret, the resignation of Mary DiModugno (U) from the Human Relations Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Mary DiModugno for the time she has dedicated to servicing her community by her membership on the Human Relations Commission.
APPROVED BY CONSENT AGENDA
ITEM:
6. Special Business (Continued)
P. Resolution Reappointing Peter Anthony, Sr. (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 Peter Anthony, Sr. (D) to the Patriotic Commission for a term ending August 31, 2012, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
APPROVED BY CONSENT AGENDA
Q. Resolution Reappointing Doris Avery (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 Doris Avery (D) to the Patriotic Commission for a term ending August 31, 2012, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
APPROVED BY CONSENT AGENDA
R. Resolution Reappointing James Throwe (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 James Throwe (D) to the Patriotic Commission for a term ending August 31, 2012, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
APPROVED BY CONSENT AGENDA
ITEM:
6. Special Business (Continued)
S. Resolution Reappointing Diane Gerber (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 Diane Gerber (D) to the South Windsor Alliance for Families for a term ending September 1, 2011, and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
APPROVED BY CONSENT AGENDA
A. Resolution Appropriating $2,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issue of $2,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose, and as more fully described in attached Exhibit A
Was made by Councillor Oates
Seconded by Councillor Hale
After discussions were held regarding this issue, it was the general consensus of the Town Council that it would be better to have a referendum for $2,000,000 rather than $4,000,000 because there is currently $1.9 million available if the Town needs it and then there would be another $2,000,000 if the referendum is approved. There also was discussions held that it would be more prudent to have a referendum for $2,000,000 due to the economy.
The motion was approved, unanimously
ITEM:
6. Special Business (Continued)
B. Resolution Providing for Referendum of Town Electors
BE IT RESOVED, that the Resolution entitled “Resolution Appropriating $2,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issuance of $2,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, heretofore at this meeting adopted, be submitted to the Town Electors for approval or disapproval at a referendum to be held in conjunction with the general election to be held Tuesday, November 3, 2009, and that the warning of said referendum state the question to be voted upon as follows:
No. 1: “Shall the Resolution entitled ”Resolution Appropriating $2,000,000 For the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issuance of $2,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose adopted by the Town Council on August 31, 2009, be approved?”
The ballot label for said question will read as follows:
“Shall the resolution appropriating and authorizing bonds in the amount of $2,000,000 for the acquisition of land or interests in land for open space preservation, recreation, conservation or agricultural land preservation be approved? YES/NO.”
Was made by Councillor Yagaloff
Seconded by Councillor Hale
The motion was approved, unanimously
- Resolution Appropriating $4,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issue of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose.
Councillor Hale made a motion to Table this Resolution. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:
6. Special Business (Continued)
D. Resolution Providing for Referendum of Town Electors
BE IT RESOVED, that the Resolution entitled “Resolution Appropriating $4,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issuance of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, heretofore at this meeting adopted, be submitted to the Town Electors for approval or disapproval at a referendum to be held in conjunction with the general election to be held Tuesday, November 3, 2009, and that the warning of said referendum state the question to be voted upon as follows:
No. 1: “Shall the Resolution entitled ”Resolution Appropriating $4,000,000 For the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issuance of $4,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose adopted by the Town Council on August 31, 2009, be approved?”
The ballot label for said question will read as follows:
“Shall the resolution appropriating and authorizing bonds in the amount of $4,000,000 for the acquisition of land or interests in land for open space preservation, recreation, conservation or agricultural land preservation be approved? YES/NO.”
Councillor Hale made a motion to Table this Resolution. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:
6. Special Business (Continued)
E. Resolution Authorizing the Conveyance of Property to be Obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or Its Designee
BE IT RESOLVED, that the South Windsor Town Council hereby authorizes the conveyance of property to be obtained from the State of Connecticut, adjacent to Ellington Road and consisting of approximately 1.958 acres, to Connecticut Studios LLC or its designee for no consideration; and
BE IT FURTHER RESOLVED, that the Town Manager is hereby authorized to execute any and all documentation necessary to consummate the conveyance of said property; and
BE IT FURTHER RESOLVED, that the Resolution shall become effective upon its approval by the Town electors at a Referendum called by the Town Council for such purpose.
Was made by Councillor Hale
Seconded by Councillor Pelkey
Answering questions from the Council, Mr. Galligan explained that the evaluation of the property has already been complete. The Town has been trying to be prepare for different scenario’s with this project.
The motion was approved, unanimously
F. Resolution Authorizing Referendum Regarding the Conveyance of Property to Connecticut Studios LLC or Its Designee
BE IT RESOLVED, that the resolution entitled “Resolution Authorizing the Conveyance of Property to be Obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its Designee” heretofore at this meeting adopted, be submitted to the Town electors for approval at a referendum to be held in conjunction with the general election to be held on November 3, 2009, and that the warning of said referendum state the question to be voted on as follows:
(Resolution Continued on Next Page)
ITEM:
6. F. (Continued)
No. 2: “Shall the resolution entitled “Resolution Authorizing the Conveyance of Property to be Obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its Designee” adopted by the Town Council on August 31, 2009, be approved?”
The ballot label for the question will read as follows:
“Shall the resolution authorizing the conveyance of property to be obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its designee, be approved? YES/NO”
The warning of said referendum shall state that the full text of said resolution is on file and open to public inspection in the Office of the Town Clerk.
Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
The motion was approved, unanimously
G. Resolution Referring the Possible Conveyance of Property to be Obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or Its Designee to the Planning & Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes
BE IT RESOLVED, that the possible conveyance of property to be obtained from the State of Connecticut, adjacent tot Ellington Road and consisting of approximately 1.958 acres, be referred to the South Windsor Planning & Zoning Commission for consideration in accordance with the requirements of Section 8-24 of the Connecticut General Statutes.
Was made by Councillor Pelkey
Seconded by Councillor Yagaloff
The motion was approved, unanimously
ITEM:
6. Special Business (Continued)
H. Resolution Authorizing the Sale of Excess Property Located at 765 Sullivan Avenue
BE IT RESOLVED, that the South Windsor Town Council hereby authorizes the sale of excess property located at 765 Sullivan Avenue, which is not needed for the construction of a fire station at said location, at a price and in accordance with any and all terms and conditions as may be presented to, and approved by, the Town Council; and
BE IT FURTHER RESOLVED, that the Town Manager is hereby authorized to execute any and all documentation necessary to consummate the sale of any such property in accordance with this Resolution; and
BE IF FURTHER RESOLVED, that this Resolution shall become effective upon its approval by the Town electors at a Referendum called by the Town Council for such purpose.
Was made by Councillor Maneeley
Seconded by Councillor McCann
Mr. Galligan stated that the property was subdivided into two pieces. The Fire house will be on its own parcel and the other parcel will go up for sale. It was not subdivided further because a developer may want the whole parcel. There will be further discussions regarding the access onto Sullivan Avenue.
The motion was approved, unanimously
I. Resolution Authorizing Referendum on the Sale of Excess Property Located at 765 Sullivan Avenue
BE IT RESOLVED, that the Resolution entitled “Resolution Authorizing the Sale of Excess Property Located at 765 Sullivan Avenue” heretofore at this meeting adopted, be submitted to the Town electors for approval, or disapproval, at a referendum to be held in conjunction with the general election on November 3, 2009; and that the warning of said referendum state the question to be voted on as follows:
(Resolution Continued on Next Page)
ITEM:
6. I. (Continued)
Resolution Authorizing the Sale of Excess Property Located at 765 No. 3: “Shall the resolution entitled “Resolution Authorizing the Sale of Excess Property Located at 765 Sullivan Avenue, adopted by the Town Council on August 31, 2009 be approved?”
The ballot label for said question shall read as follows:
“Shall the resolution authorizing the sale of excess property located at 765 Sullivan Avenue be approved? YES/NO”
The warning of said referendum shall state that the full text of said resolution is on file and open to public inspection in the Office of the Town Clerk.
Was made by Councillor Yagaloff
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
J. Resolution Referring the Possible Sale of Excess Property Located at 765 Sullivan Avenue to the Planning & Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes
BE IT RESOLVED, that the possible sale of excess property located at 765 Sullivan Avenue, which is not needed for the construction of a fire station at said location, at a price and in accordance with any and all terms and conditions as may be presented to, and approved by the Town Council, be referred to the South Windsor Planning & Zoning Commission for consideration in accordance with the requirements of section 8-24 of the Connecticut General Statutes.
Was made by Councillor Oates
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
ITEM:
6. Special Business (Continued)
K. Resolution Authorizing the Town Attorney to Draft Explanatory Text for the upcoming Referendums
BE IT RESOLVED, that the Town Council hereby authorizes the Town Attorney to draft explanatory text for the upcoming referendums regarding the Appropriation of $2,000,000 for the Acquisition of Land or Interests in Land for Open Space Preservation, Recreation, Conservation or Agricultural Land Preservation and Authorizing the Issue of $2,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose, the possible sale of excess property located at 765 Sullivan Avenue, and the possible conveyance of property to Connecticut Studios LLC or Its Designee
Was made by Councillor Pelkey
Seconded by Councillor Hale
The motion was approved, unanimously
Deputy Mayor Bazzano made a motion to Suspend the Rules in order to go to Item 7, Executive Session. Councillor McCann seconded the motion; and it was approved, unanimously.
7. Executive Session
At 8:30 p.m. Deputy Mayor Bazzano made a motion to go into Executive Session to discuss recently negotiated “Agreement Between the Town of South Windsor and Police Union Local #1480”. Councillor McCann seconded the motion.
Councillor Yagaloff suggested that the impact to the other unions that are presently in negotiations should also be discussed. Deputy Mayor Bazzano and Councillor McCann agreed to that addition to the motion; and it was approved, unanimously.
At 8:40 p.m. the Executive Session was adjourned.
ITEM:
6. Special Business (Continued)
L. Resolution Approving an “Agreement Between the Town of South Windsor and the South Windsor Police Union Local 1480”
BE IT RESOLVED, that the South Windsor Town Council hereby approves the proposed “Agreement Between the Town of South Windsor and South Windsor Police Union , Local 1480, Council 15, AFSCME, AFL-CIO” for the period July 1, 2009 through June 30, 2010.
Was made by Mayor Prague
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
Councillor Yagaloff made a motion to Suspend the Rules in order to go to Item 6. N., 6. T., 6. U., 6. V., 6. W., and 6. X. Councillor Hale seconded the motion; and it was approved, unanimously.
N. Resolution Approving the Transfer of $55,000 from the Contingency Account to the Town Manager’s Professional Account
BE IT RESOLVED, that the South Windsor Town Council hereby approves a transfer of $55,000 from the Contingency account to the Town Manager’s Professional account, to cover maintenance of the high school fields.
Was made by Councillor McCann
Seconded by Councillor Maneeley
Councillor Hale suggested that instead of authorizing this transfer, she would prefer to come back with a plan that would have Public Works being trained on some of the maintenance of these fields. There should also be an agreement between the Board of Education and Town, so both the Board of Education and Town would have responsibility. Mr. Galligan agreed that there may be an opportunity to combine maintenance between a private contractor and Town employees.
Councillor Hale made a motion to table this item. Councillor Pelkey seconded the motion; and it was approved, unanimously.
ITEM:
6. Special Business
Councillor Yagaloff made a motion to Suspend the Rules in order to go to Item 6. T. through 6.X. Councillor Pelkey seconded the motion; and it was approved, unanimously.
T. Resolution Approving the Transfer of $52,964 from Public Works Parks & Grounds Maintenance Contracts Account to the Hydrants and Water Lines Utilities Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $52,964 from the Public Works Parks & Grounds Maintenance Contracts account to the Hydrants and Water Lines Utilities account, to cover the hydrant fees for fiscal year 2008/2009.
Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
Mr. Galligan explained to the Council members that the Town does this every year. Accounts get readjusted so all the budgets are put to 0 and then the balance gets transferred to the general fund.
The motion was approved, unanimously
U. Resolution Approving the Transfer of $30,704 from the Social Security Taxes Account to the Street Lights Utilities Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $30,704 from the Social Security Taxes account to the Street Lights Utilities account, to cover street light costs for fiscal year 2008/2009.
Was made by Councillor Hale
Seconded by Councillor Pelkey
The motion was approved, unanimously
ITEM:
6. Special Business (Continued)
V. Resolution Approving the Transfer of $36,037 from Public Works Fleet Services Vehicle & Equipment Supplies Account to the Town Attorney Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $36,037 from the Public Works Fleet Services Vehicle & Equipment Supplies account to the Town Attorney Professional account, to cover attorney fees for fiscal year 2008/2009.
Was made by Deputy Mayor Bazzano
Seconded by Councillor Maneeley
Mr. Galligan suggested that the Town Council review the various ways that the Town Attorney position has been handled in the past. The Town Council can make a decision in November if there would be a more prudent way of handling this position.
The motion was approved, unanimously
W. Resolution Approving the Transfer of $16,550 from the Central Services Full-Time Salaries Account to the Workers Compensation Employee Benefits Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $16,550 from the Central Services Full-Time Salaries account to the Workers Compensation Employee Benefits account, to cover workers compensation insurance premiums for fiscal year 2008/2009.
Was made by Councillor Pelkey
Seconded by Councillor McCann
The motion was approved, unanimously
ITEM:
6. Special Business (Continued)
X. Resolution Approving the Transfer of $3,610 from Various Capital Project Accounts to the Fields at South Windsor High School Capital Project Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $3,546 from the Completed Dispatch Records Management Capital Project account and $64 from the Completed Paved Parking for Little League Capital Projects account, for a total transfer of $3,610 to the Fields at South Windsor High School Capital Project account, to cover the cost of the meter pit and yard hydrant.
Was made by Mayor Prague
Seconded by Councillor McCann
The motion was approved, unanimously
M. Resolution Authorizing the Public Building Commission to Proceed with the Expansion of the Senior Center, (South Windsor Community Center)
WHEREAS, the South Windsor Town Council has appropriated $90,000 for architectural design and construction administration services for the expansion of the Senior Center which is housed within the South Windsor Community Center; and
WHEREAS, the Public Building Commission requires authorization from the Town Council before it can proceed with the final design and site plans for this expansion
NOW, THEREFORE, BE IT RESOLVED, that the South Windsor Town Council hereby authorizes the Public Building Commission to proceed with the final design and site plans for the expansion of the Senior Center which is housed with the South Windsor Community Center; and
BE IT FURTHER RESOLVED, that prior to commencement of construction of the expansion of the Senior Center, the final design and site plans selected by the Public Building Commission shall be brought back to the Town Council for its review.
(Resolution Continued on Next Page)
ITEM:
6. M. (Continued)
Was made by Councillor Havens
Seconded by Deputy Mayor Bazzano
Councillor Havens stated that this resolution is progress toward making plans for our senior population.
Council members discussed this project at length and it was the consensus of the Council to move this project forward.
The motion was approved, unanimously
Y. Resolution Authorizing the Town Manager, Matthew B. Galligan, to Enter into a Contract for an Historic Documents Preservation Grant with the Connecticut State Library
WHEREAS, a Public Act Concerning Real Estate Filings and the Preservation of Historic Documents (P.A. 00-146) has established a dedicated fund to improve the care of local government records; and
WHEREAS, said Public Act is intended to assist Connecticut municipalities in their efforts to preserve and manage their historic documents; and
WHEREAS, said Public Act imposes an additional fee of three dollars ($3.00) to be collected by Town Clerks for the recording of land records, including deeds and mortgages – two dollars of which will be forwarded to the State Library for the funding of this Historic Documents Preservation Account; and
WHEREAS, Public Act 99-146 authorizes the Public Records Administrator of the State Library to provide training and technical assistance and administer a grant program for Connecticut’s municipalities, and authorizes the State Librarian to appoint a committee to advise on the development and implementation of regulations regarding the operation of this grant program
(Resolution Continued on Next Page)
ITEM:
6. Y. (Continued)
NOW, THEREFORE, BE IT RESOLVED that Matthew B. Galligan, South Windsor Town Manager, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant; and
BE IT FURTHER RESOLVED that said contract shall continue to be in effect until May 31, 2010.
Was made by Councillor Yagaloff
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
Z. Resolution Approving a Refund of Taxes to Eleven (11) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to eleven (11) South Windsor Taxpayers, the total of said refunds being $8,117.66.
Was made by Councillor Oates
Seconded by Councillor Pelkey
The motion was approved, unanimously
22. Adjournment
At 9:47 p.m. Deputy Mayor Bazzano 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
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