TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 October 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., recessed in order to finish the Work Session agenda, and then reconvened at 8:30 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
Duncan Forsyth, Town Attorney
15. Consent Agenda
15. Consent Agenda
Motion to approve Agenda Items 16. C. through 16. F., as the Consent Agenda.
Was made by Councillor Havens
Seconded by Councillor Hale
The motion was approved, unanimously
ITEM:
16. Unfinished Business
C. Resolution Reappointing Peter Anthony, Sr. (D) to the Patriotic Commission
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.
APPROVED BY CONSENT AGENDA
D. Resolution Reappointing Doris Avery (D) to the Patriotic Commission
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.
APPROVED BY CONSENT AGENDA
E. Resolution Reappointing James Throwe (D) to the Patriotic Commission
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.
APPROVED BY CONSENT AGENDA
F. Resolution Reappointing Diane Gerber (D) to the South Windsor Alliance for Families
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.
APPROVED BY CONSENT AGENDA
ITEM:
Councillor Hale made a motion to Suspend the Rules to go to Items 17. G., 17. A., 17. B., and 17. C. Councillor Yagaloff seconded the motion.
After a brief discussion, Councillor Hale made a motion amend her motion to eliminate Item 17. G. Councillor Yagaloff seconded the amendment
Mayor Prague stated that he would rather go through the agenda in order and if something could be postponed there would not be a problem with that. Councillor Hale explained that these items have a dead line that has practical implications. The Town Attorney has been sitting here and these items are the request of the Registrars of Voters to be done tonight. Councillor Hale then made a motion to call the question on moving the items on the agenda. Mayor Prague called for a vote on the motion to move the question; it was approved, unanimously.
Mayor Prague called for a vote on the motion to Suspend the Rules to go to Items 17. A., 17. B., and 17. C. The motion failed on a Roll Call vote of 2 to 6 with Councillors Hale and Yagaloff voting in favor of moving the items; and Mayor Prague, Deputy Mayor Bazzano, Councillors Oates, Pelkey, McCann, and Maneeley voting against moving the agenda items.
I. Resolution Approving a Refund of Taxes to Fifty-Five (55) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fifty-five (55) South Windsor Taxpayers, the total of said refunds being $13,675.13, and as more fully described on attached Exhibit A.
Was made by Councillor Oates
Seconded by Councillor Hale
The motion was approved on a Roll Call vote of 7 to 0 with Councillor Maneeley abstaining.
ITEM:
17. New Business
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on 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 sets Monday, October 19, 2009, at 7:15 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 conveyance of property to be obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its designee.
Was made by Councillor Maneeley
Seconded by Deputy Mayor Bazzano
Councillior Pelkey made a motion to make a friendly amendment to change Monday, October 19, 2009 to Tuesday, October 20, 2009.
Councillor Hale suggested a friendly amendment to insert “approximately 1.9 acres of property” after conveyance of.
Town Attorney Duncan Forsyth stated he would suggest that it be expanded to make it 1.958 acres to match.
Councillor Maneeley suggested that the resolution state the location of the 1.958 acres.
Councillor Hale suggested that the total amendment read “on the conveyance of approximately 1.958 acres of property subject to existing utility easements to be obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its designee.”
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
Mayor Prague called for a motion on this resolution; it was approved, unanimously.
The resolution to read as follows:
BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, October 20, 2009, at 7:15 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 conveyance of approximately 1.958 acres of property subject to existing utility easements to be obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or its designee.
- Resolution Rescinding the Referendum Question for the Authorization of Convey Property to be Obtained from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or Its Designee
WHEREAS, on August 31, 2009 the South Windsor Town Council authorized a referendum to be held on November 3, 2009 regarding the conveyance to Connecticut Studios LLC, or its designee, of approximately 1.958 acres of electrical power line easement land, currently owned by the State of Connecticut and to be conveyed to the Town of South Windsor, and generally known as E/S John Fitch Boulevard, Parcel A, South Windsor, Connecticut, as identified in the Boundary and Topographic Survey by Design Professionals Engineering Group, dated May 28, 2009; and
WHEREAS, subsequent to the adoption of the resolution the Town received an appraisal from T.W. Henry Real Estate Appraisals LLC setting the value of the subject property at $10,000 as of July 20, 2009; and
WHEREAS, Section 314 of the Town Charter provides that conveyances of property with a value not exceeding $25,000 may be authorized by the Town Council, subject to a public hearing being held by the Town Council on the issue
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the resolution authorizing the holding of a referendum for the conveyance of the subject property to Connecticut Studios LLC on November 3, 2009 is hereby rescinded and the question regarding the conveyance of the subject property be removed from the referendum ballot.
Was made by Councillor Pelkey
Seconded by Councillor Yagaloff
Town Attorney Duncan Forsyth recommended that the last full line to read “and the question regarding the conveyance of the subject property be stricken from the referendum ballot”.
Councillor Yagaloff suggested a friendly amendment to take out of the resolution “subsequent to the adoption of the resolution”, in this motion and the next motion.
Councillor McCann made a motion to have the last paragraph to read as follows:
NOW, THEREFORE, BE IT RESOLVED that the resolution authorizing the holding of a referendum for the conveyance of the subject property to Connecticut Studios LLC on November 3, 2009 is hereby rescinded and the votes on the question regarding the conveyance of the subject property shall not be counted.
Councillor Hale seconded the amendment; and it was approved, unanimously.
The resolution to read as follows:
WHEREAS, on August 31, 2009 the South Windsor Town Council authorized a referendum to be held on November 3, 2009 regarding the conveyance to Connecticut Studios LLC, or its designee, of approximately 1.958 acres of electrical power line easement land, currently owned by the State of Connecticut and to be conveyed to the Town of South Windsor, and generally known as E/S John Fitch Boulevard, Parcel A, South Windsor, Connecticut, as identified in the Boundary and Topographic Survey by Design Professionals Engineering Group, dated May 28, 2009; and
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
WHEREAS, the Town received an appraisal from T.W. Henry Real Estate Appraisals LLC setting the value of the subject property at $10,000 as of July 20, 2009; and
WHEREAS, Section 314 of the Town Charter provides that conveyances of property with a value not exceeding $25,000 may be authorized by the Town Council, subject to a public hearing being held by the Town Council on the issue
NOW, THEREFORE, BE IT RESOLVED that the resolution authorizing the holding of a referendum for the conveyance of the subject property to Connecticut Studios LLC on November 3, 2009 is hereby rescinded and the votes on the question regarding the conveyance of the subject property shall not be counted.
Mayor Prague called for a vote on the Amended Resolution; it was approved, unanimously.
- Resolution Rescinding a Previously Approved Resolution Authorizing the conveyance of Property to be Obtain from the State of Connecticut, adjacent to Ellington Road, to Connecticut Studios LLC or Its Designee
WHEREAS, at a Special Meeting of the South Windsor Town Council held on August 31, 2009, a 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 was approved; and
WHEREAS, the Town received an appraisal from T.W. Henry Real Estate Appraisals LLC setting the value of the subject property at $10,000 as of July 20, 2009; and
WHEREAS, Section 314 of the Town Charter provides that conveyances of property with a value not exceeding $25,000 may be authorized by the Town Council, subject to a public hearing being held by the Town Council on the issue; and
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
WHEREAS, a public hearing on this proposed conveyance has been scheduled for October 20, 2009 at 7:15 p.m.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby rescinds the resolution authorizing the conveyance of said property and will reconsider said issue after a public hearing on the proposed conveyance has been held.
Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
Councillor Hale made a friendly amendment, adding another WHEREAS paragraph before the last WHEREAS saying, “WHEREAS, the Town Attorney has advised the Council that a public hearing is the appropriate procedure”. Deputy Mayor Bazzano and Councillor McCann accepted the friendly amendment.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
The resolution to read as follows:
WHEREAS, at a Special Meeting of the South Windsor Town Council held on August 31, 2009, a 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 was approved; and
WHEREAS, the Town received an appraisal from T.W. Henry Real Estate Appraisals LLC setting the value of the subject property at $10,000 as of July 20, 2009; and
WHEREAS, Section 314 of the Town Charter provides that conveyances of property with a value not exceeding $25,000 may be authorized by the Town Council, subject to a public hearing being held by the Town Council on the issue; and
WHEREAS, the Town Attorney has advised the Town council that a public hearing is the appropriate procedure; and
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
WHEREAS, a public hearing on this proposed conveyance has been scheduled for October 20, 2009 at 7:15 p.m.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby rescinds the resolution authorizing the conveyance of said property and will reconsider said issue after a public hearing on the proposed conveyance has been held.
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on a Proposed Ordinance, an “Ordinance Establishing an Anti-Idling Ordinance”
BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, October 20, 2009, at 7:30 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 a proposed Ordinance, an “Ordinance Establishing an Anti-Idling Ordinance in the Town of South Windsor” said Ordinance more fully described in attached Exhibit C., a copy of which is on file in the Office of the Town Clerk.
Was made by Councillor Yagaloff
Seconded by Councillor Pelkey
Councillor McCann requested that copies of the senate action be included with this Ordinance in order for it to be recognized that the State felt exceptions should be included.
Mayor Prague called for a vote on the Resolution; it was approved, unanimously.
ITEM:
17. New Business (Continued)
- Resolution Authorizing South Windsor Fire Marshal, Walter Summers to Apply to “FEMA” for a 2009 Fire Prevention and Safety Grant
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Fire Marshal, Walter Summers to apply for a “2009 Fire Prevention and Safety Grant” from the Federal Emergency Management Authority (FEMA), said Grant to be for approximately $180,000.
Was made by Councillor McCann
Seconded by Councillor Oates
The motion was approved, unanimously
Councillor Pelkey made a motion to extend the meeting past 11:00 p.m. for 15 minutes to finish the agenda. Councillor Oates seconded the motion; and it was approved, unanimously.
F. Resolution Setting a Time and Place for a Public Hearing on the Appropriation of $46,000 from Capital and Non-Recurring Expenditure Account for the road resurfacing of Concord road and Carman Road
BE IT RESOLVED that the South Windsor Town Council sets Tuesday, October 20, 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 an appropriation of $46,000 from the capital and Non-Recurring Expenditure Account, said appropriation to be used to meet costs for the road resurfacing of Concord road and Carman Road.
Was made by Mayor Prague
Seconded by Councillor McCann
Mayor Prague explained that he spoke with Mike Gantick, Director of Public Works who informed him that the road resurfacing for these two roads would not happen this year and do not feel the Council will have a real knowledge of the budget until February when we see how tax collections come in and stated he would like to withdraw this motion. Councillor McCann withdrew his second.
ITEM:
17. New Business (Continued)
G. Resolution Authorizing the Town Manager and Town Attorney to Prepare and Advertise Bid Specifications for the Purchase of a New Fire engine with 1500 GPM Pump
WHEREAS, the South Windsor Fie Department had developed a Capital Plan for the purchase of various Fire Department vehicles; and
WHEREAS, South Windsor Fire Chief, Philip Crombie, and his staff, have determined that a priority need for the fire safety of South Windsor’s businesses and residences is the purchase of a new Fire Engine with 1500 GPM pump; and
WHEREAS, this purchase is in accordance with the long-term plan for equipment replacement that the Fire Department has been following
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan and town Attorney, Halloran & Sage, to prepare appropriate bid specifications for the purchase of a new Fire Engine with 1500 GPM pump; and
BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the Town Manager and the Town Attorney to advertise such bids through the normal appropriate bidding processes of the Town of South Windsor.
Was made by Councillor Hale
Seconded by Councillor Pelkey
Town Attorney Duncan Forsyth suggested that the Town should broaden their options and should put in the caption and in the resolution “or lease” after purchase.
After a lengthy discussion, Deputy Mayor Bazzano made a motion to Call the Question. Councillor Maneeley seconded the motion; and it was approved, unanimously.
Mayor Prague made a friendly amendment to put “or lease” after purchase everywhere it appears in the resolution. Councillor Hale and Councillor Pelkey agreed.
(Resolution Continued on Next Page)
ITEM:
17. G. (Continued)
Mayor Prague then called for a vote on the Resolution; it was approved, unanimously.
The resolution to read as follows:
WHEREAS, the South Windsor Fie Department had developed a Capital Plan for the purchase or lease of various Fire Department vehicles; and
WHEREAS, South Windsor Fire Chief, Philip Crombie, and his staff, have determined that a priority need for the fire safety of South Windsor’s businesses and residences is the purchase or lease of a new Fire Engine with 1500 GPM pump; and
WHEREAS, this purchase or lease is in accordance with the long-term plan for equipment replacement that the Fire Department has been following
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan and town Attorney, Halloran & Sage, to prepare appropriate bid specifications for the purchase or lease of a new Fire Engine with 1500 GPM pump; and
BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the Town Manager and the Town Attorney to advertise such bids through the normal appropriate bidding processes of the Town of South Windsor.
Mayor Prague made a motion to extend the meeting an additional 10 minutes to finish the agenda. Councillor Maneeley seconded the motion; and it was approved, unanimously.
21. Executive Session
At 11:25 p.m. Councillor McCann made a motion to go into Executive Session to discuss the possible sale of 625 Sullivan Avenue, and discussion of foreclosure litigation and contract (Hi-G Building). Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:
21. Executive Session (Continued)
The following individuals went into Executive Session: Town Manager Matthew Galligan, Mayor Prague, Deputy Mayor Bazzano, Councillor Hale, Councillor Maneeley, Councillor McCann, Councillor Oates, Councillor Pelkey, Councillor Yagaloff, Craig Stevenson who is the Economic Development Consultant, and Jan Murtha who is the Chairperson for the Economic Development Commission.
At 11:50 p.m. the Executive Session and Regular Meeting were adjourned.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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