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Town Council Special Meeting Minutes 9/30/09
TOWN OF SOUTH WINDSOR

MINUTES

TOWN COUNCIL                                                              SPECIAL MEETING
MADDEN ROOM                                                          SEPTEMBER 30, 2009
SOUTH WINDSOR TOWN HALL                                                TIME:  8:00 P.M.


1.      Call Meeting to Order

Mayor Prague called the Special Meeting to order at 8:02 p.m.

2.      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 Galligan, Town Manager

3.      Public Participation

None

4.      Town Manager’s Report

        None

5.      Special Business

  • Resolution Regarding 8-24 Referrals for the Acceptance and Conveyance of Certain Properties on Ellington Road and John Fitch Boulevard
BE IT RESOLVED, that the following properties 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:

(Resolution Continued on Next Page)


ITEM:

5.      A.      (Continued)

  • The acceptance, by the Town of South Windsor, of 1.985 acres adjacent to Ellington Road from the State of Connecticut.
  • The conveyance, by the Town of South Windsor, of 1.985 acres adjacent to Ellington Road to the South Windsor Redevelopment Agency.
  • The conveyance, by the South Windsor Redevelopment Agency, of 1.985 acres adjacent to Ellington Road to Connecticut Studios, LLC or its designee.
  • The acceptance, by the Town of South Windsor, of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard from the State of Connecticut.
  • The conveyance of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard by the Town of South Windsor to the South Windsor Redevelopment Agency.
  • The conveyance of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard by the South Windsor Redevelopment Agency to Connecticut Studios, LLC or its designee.
  • The acceptance, by the Town of South Windsor, of approximately 6.9 acres of land known as 240 Ellington Road from the State of Connecticut.
  • The conveyance of approximately 6.9 acres of land known as 240 Ellington Road by the Town of South Windsor to the South Windsor Redevelopment Agency.
  • The conveyance of approximately 6.9 acres of land known as 240 Ellington Road by the South Windsor Redevelopment Agency to Connecticut Studios, LLC or its designee.
  • The conveyance of approximately 1.0 acres of land, being part of land known as 240 Ellington Road, by the South Windsor Redevelopment Agency to Cass Enterprises, LLC.
(Resolution Continued on Next Page)


ITEM:

5.      A.      (Continued)

Was made by Councillor Hale
Seconded by Mayor Prague

Councillor Hale stated that this is to send to the Planning & Zoning Commission for their recommendation for or against the acceptance of properties from the State of Connecticut, the conveyance of those properties to the South Windsor Redevelopment Agency and subsequent conveyance from the SW Re Agency to Connecticut Studios, LLC for the movie studio project.  A number of these transfers took place in 1999, but the 1.985 acres has not yet been transferred to the Town.

Mr. Galligan, Town Manager reported to the Town Council that the tiger beetles have been moved from the property.  The budget has been finalized with the State, where the Town does have $1.3 million grant.  The Town has just received from the accountant for Connecticut Studios the credits for infrastructure when they build.  They do have a commitment of $5 million dollars for a loan.  CERC will be at the next Town council meeting to present the impact statement.  Mr. Galligan stated that every staff members has worked hard and quickly to keep this project moving forward.  The project and site plan have changed, when they are complete, the site plan will be submitted in to the Town.

Councillor McCann offered the following amendment to make the resolution a little clearer.  On number 3, 6, and 9, the follow should be added to the end of each:  for the intended purpose of creating economic development in the form of constructing movie studios and related development and subject to cancellation or re-conveyance to the Town of South Windsor or the South Windsor Redevelopment Agency if the intended purpose is not realized.  Councillor Pelkey seconded the motion.

Councillor Pelkey stated that on number 9, the acres should be changed to 5.9 acres.  Councillor McCann stated he would accept that as a friendly amendment.    



(Resolution Continued on Next Page)


ITEM:

5.      A.      (Continued)

Councillor Yagaloff explained that this strip of land is running through two properties that the town wants to convey so the properties can be joined.  This is also the land that is going out to referendum.  Mr. Galligan stated that the Town has received an appraisal on this property and the price came to $10,000.  The Town Charter states that if the appraisal is under $25,000 a public hearing is held.  Anything over $25,000 should go to referendum.  The Town Attorney needs to make a decision on whether this item should be going to referendum or if a public hearing is sufficient.
 
Answering a question from Councillor Yagaloff, Mr. Stevenson who is the Economic Development Coordinator explained that this strip of land under the power lines that the Connecticut Light and Power Company has a utility easement on.  When this land in its large format was originally conveyed to the Town of South Windsor there was a decision made for whatever reason that the land with the utility easement would not be included among that and I don’t think any recognition was given to how that might impact future development of a property.  Obviously not owning a significantly wide strip through the middle of the property is a barrier to development.  Legislature conveyed this land in addition to the land they had already conveyed with all of the same rights and restrictions that went along with the original conveyance.  So basically they are correcting an omission from a previous conveyance.  

Councillor Hale stated that she feels the explanatory text for the 1.9 acres should include that it is subject to what is described on the maps as the health code.  I think that is what makes this land of such a low value.  Fundamentally nothing can be built under there because it is subject to the electric line easement and we may want to discuss with the Town Attorney whether that language should be added to the explanatory text if the referendum does go forward.  

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

Mayor Prague then called for a vote on the Amended Resolution; it was approved, unanimously.





ITEM:

5.      A.      (Continued)

The Resolution to read as follows:

BE IT RESOLVED, that the following properties 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:

  • The acceptance, by the Town of South Windsor, of 1.985 acres adjacent to Ellington Road from the State of Connecticut.
  • The conveyance, by the Town of South Windsor, of 1.985 acres adjacent to Ellington Road to the South Windsor Redevelopment Agency.
  • The conveyance, by the South Windsor Redevelopment Agency, of 1.985 acres adjacent to Ellington Road to Connecticut Studios, LLC or its designee.
  • The acceptance, by the Town of South Windsor, of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard from the State of Connecticut.
  • The conveyance of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard by the Town of South Windsor to the South Windsor Redevelopment Agency.
  • The conveyance of approximately 14.8 acres of land known as Lot R008 John Fitch Boulevard by the South Windsor Redevelopment Agency to Connecticut Studios, LLC or its designee.
  • The acceptance, by the Town of South Windsor, of approximately 6.9 acres of land known as 240 Ellington Road from the State of Connecticut.
  • The conveyance of approximately 6.9 acres of land known as 240 Ellington Road by the Town of South Windsor to the South Windsor Redevelopment Agency.
(Resolution Continued on Next Page)

ITEM:

5.      A.      (Continued)

  • The conveyance of approximately 5.9 acres of land known as 240 Ellington Road by the South Windsor Redevelopment Agency to Connecticut Studios, LLC or its designee.
  • The conveyance of approximately 1.0 acres of land, being part of land known as 240 Ellington Road, by the South Windsor Redevelopment Agency to Cass Enterprises, LLC.
  • Resolution Authorizing Town Manager, Matthew B. Galligan, to Submit an Application for an Energy Efficiency Conservation Block Grant to the State of Connecticut, Office of Policy & Management and Enter into an Agreement/Contract on behalf of the Town of South Windsor
WHEREAS, the Town of South Windsor Public Works Department wishes to submit an application to the State of Connecticut, Office of Policy & Management for an Energy Efficiency Conservation Block Grant in the amount of $100,118.00 for potential upgrades and improvements to the HVAC equipment at the South Windsor Town Hall

NOW, THEREFORE, BE IT RESOLVED, that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan to file on behalf of the Town of South Windsor a grant application for financial assistance for said upgrades and improvements; and

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

Was made by Councillor Hale
Seconded by Deputy Mayor Bazzano

Councillor Hale explained that this is a grant that has been funneled through the State of Connecticut through the stimulus funds.  The Town Council discussed this issue before the August break and the State of Connecticut

(Resolution Continued on Next Page)


ITEM:

5.      B.      (Continued)

has figured out how they will be allocating the funds.  The Town of South Windsor is entitled to $6.00 more dollars then originally slated to receive  Councillor Hale stated she has been working with Clay Major from the Public Works Department on figuring out how to quickly and efficiently spend this grant to produce the maximum energy savings for the town.  The conclusion that has been reached is that the HVAC system in the Town Hall is in fact old, inefficient and needs to be upgraded.  This upgrade will save a substantial amount of energy.  

Councillor McCann felt this that the Town should go for this grant.

Mr. Galligan explained that the criteria for this grant will not be clear until October.  

Councillor Pelkey stated that he would be recusing himself from this resolution because his brother is in this line of work.  

Mayor Prague called for a motion on this resolution; it passed on a Roll Call vote of 8 to 0 with Councillor Pelkey abstaining.

6.      Executive Session

        None
7.      Adjournment

At 8:39 p.m., Councillor Maneeley made a motion to adjourn the Special Meeting.  
Deputy Mayor Bazzano Pelkey seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council






TOWN OF SOUTH WINDSOR

TOWN COUNCIL SPECIAL MEETING

MINUTES

MADDEN ROOM                                                          SEPTEMBER 30, 2009
SOUTH WINDSOR TOWN HALL                                                TIME:  8:05 P.M.

IMMEDIATELY FOLLOWING THE
SCHEDULED 8:00 P.M. SPECIAL MEETING


1.      Call Meeting to Order

Mayor Prague called the Special Meeting to order at 8:40 p.m.

2.      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 Galligan, Town Manager

3.      Public Participation

Mr. Hugh Brower, 25 West Road and a member of the Mass Transit and Highway Advisory Commission.  Mr. Brower commented that there is a concern of town roads being fixed in a timely fashion.  On Strong Road there are a number of potholes.  Secondly, there is a lot of work being done on the Fire Station site, but have not seen any work being done on West Road to straighten it or widen it.  The third issue is large trucks using residential roads.



ITEM:

4.      Special Business

A.      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 I 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 of $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 sue in continuing a Road Resurfacing Program during Fiscal Year 2009/2010.

Was made by Councillor Hale
Seconded by Councillor Pelkey

Councillor Hale came before the Council to present a slide show of the Maple and Elm Street area.  The presentation showed the condition of the roads in that area.  Councillor Hale stated that the Town Council should allocate money to repair existing roads before they deteriorate more and cost more to repair.  Councillor Hale questioned if there is a way to allocate the Buckland Road money for other paving projects?  Mr. Galligan explained that was an intra town project.

Councillor McCann stated that although he is not against doing repairs and resurfacing the roads in South Windsor, he is against using bonded money.  The bonded money was not put into place for road maintenance and he suggested that money be found from elsewhere to do the maintenance of roads and the Town do a portion at a time.

(Resolution Continued on Next Page)
ITEM:

4.      A.      (Continued)

Councillor Yagaloff stated that the purpose of tonight is to see if the Town Council will support repairs first and then the Schedule A can be altered.  There is drainage, sewer, and electrical under the roads which the surface protects.  There are miles and miles of roads that affect residents.  As a taxpayer I expect roads to be maintained and he feels in next years budget, road maintenance should be included.

Councillor Oates stated that bonded money should not be used for the maintenance of roads.  Potholes should be repaired.

Councillor Pelkey stated that he feels good policy would be to get the roads done now.  Presently product to maintain these roads is down and could save the Town substantial money.  

Councillor Havens felt that roads need to be repaired and suggested amending Schedule A in order to complete the necessary maintenance.

Mayor Prague stated to Councillor Hale a point of order, a member of the public handed you a note which you also passed to Councillor Yagaloff and he would like to disclose that note.

Councillor Hale read the note which stated, “they found money to fix the playing fields but not to fix the roads” was a comment from a member of the public.

Councillor Hale then responded to statements made.  The resolution for this bonding did not refer to large scale repairs, it referred to repairs.  The Town Attorney, I believe, has given the Town Manager an opinion that road maintenance falls within the term repairs and therefore it is perfectly legal to use this money under the terms of the referendum as it was passed by the voters.  Councillors keep saying the roads should be patched, but with what money.  The budget put in zero dollars for road repairs and there is no money for patching.  After public safety, roads are the most fundamental responsibility of a Town.  If someone gets hurt because there is a pothole, the Town can be liable.  This is a fundamental historical responsibility of a Town.  A straw vote should be taken on this item and if it passes then we should have a resolution to make a decision on Schedule A.  Councillor Hale then moved the question.  Councillor Pelkey seconded to move the question.

(Resolution Continued on Next Page)
ITEM:

4.      A.      (Continued)

Mayor Prague called for a vote on moving the question.  The motion failed on a Roll Call vote of 7 to 2 with Councillor Havens and Mayor Prague voting in favor of moving the question; and Deputy Mayor Bazzano, Councillor Hale, Councillor Maneeley, Councillor Oates, Councillor Pelkey, Councillor McCann, and Councillor Yagaloff all voting against moving the question.

Councillor Pelkey made a motion to amend the resolution by adding the following after the first WHEREAS:  WHEREAS, the Town Council supports the use of bond road and drainage capital improvement funds to be placed in the annual road Resurfacing program to add the following.

BE IT FURTHER RESOLVED that the items from Exhibit A, as attached, shall be placed on the top of Schedule A, list of Capital Projects as attached.

Councillor Hale seconded the amendment.

Councillor McCann stated that road maintenance can not cause a catastrophic loss.   The list we have (Schedule A) are things like bridges, culverts, channel stabilization for Avery Brook, Sedimentation Control, Rye Street drainage, Main Street bridge over Podunk River, Pleasant Valley bridge over Podunk River, these are the type of things that we set aside the bonding money for.   If we add to the list, we will have to take other things off of the list.  

Councillor Yagaloff stated that the issue before the Town Council tonight is twenty streets which need to get done.  If we defer the work, the repairs will cost more.  If Councillors would prefer to talk about ten roads instead of twenty, that would be fine.

Councillor Maneeley felt that roads that need repair should be prioritized with usage.  The budget was done with the intent to try to keep taxes down.

Councillor Oates voiced his concern that what was approved by the residents will not get done.  Would be happy to work on the twenty roads, but need to find other mechanism and other ways to fund.

Deputy Mayor Bazzano stated he does not want to take referendum money for road improvements.  Would like to have Town Manager to come back to the Town Council with suggestions of where funding could come from.

(Resolution Continued on Next Page)

ITEM:

4.      A.      (Continued)

Councillor Hale said the one thing she has heard from the residents is that the Town should maintain what the Town has.  Through the budget process, the Town Council has already not followed what the residents want by taking the money out of the budget for road maintenance.  

Councillor Hale then made a motion to Amend the amount in the resolution to $500,000, with a direction to the Town Manager and Mr. Gantick to come up with a list based on professional standards and not the input of this Council.  Councillor Yagaloff seconded the Amendment.

Mr. Michael Gantick, Director of Public Works explained that one of the reasons it is critical to get money into the account is because about one third of the cost is really the preparation cost which consists of the patching, fixing the basins, getting things ready for the paving.  The preparation work associated with these roads would cost approximately $250,000 out of the $850,000.  Preparation work would not be able to begin until July 1st, and then the Town may not get a contractor until the fall.

Mayor Prague called for a vote reducing the amount in the resolution to $500,000.  The Amendment passed 6 to 3 on a Roll Call vote with Mayor Prague, Councillor Hale, Councillor Havens, Councillor Oates, Councillor Pelkey, and Councillor Yagaloff all voting in favor of reducing the amount in the resolution to $500,000; and Deputy Mayor Bazzano, Councillor Maneeley, and Councillor McCann voting against reducing the amount in the resolution to $500,000.

Mayor Prague then called for a vote on the Amendment the resolution to include items from Exhibit A, as attached, on the top of Schedule A, list of Capital Projects as attached.  The Amendment passed 6 to 3 on a Roll Call vote with Mayor Prague, Councillor Hale, Councillor Havens, Councillor Oates, Councillor Pelkey and Councillor Yagaloff voting in favor of the Amendment; and Deputy Mayor Bazzano, Councillor Maneeley, and Councillor McCann voting against the Amendment.

Councillor Oates stated he is in support of doing the roads, but feels we need to work together on how the Town will pay for this item.  Councillor Oates offered the following amendment:  

(Resolution Continued on Next Page)


        

ITEM:

4.      A.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby directs the Town Manager to identify sources of the funds for critical road resurfacing during the fiscal year 2009/2010.

Councillor McCann seconded the amendment.
        
Councillor Yagaloff explained that he also would like to find the money in the budget, but there is no money in the budget to do this.

Councillor Hale agreed that there have not been any productive suggestions and feels the Town has a fundamental responsibility to maintain roads in the Town.


Councillor McCann stated that he disagrees that every road that was placed on this list needs to be done right now.  Newmarker Road is in his neighborhood and there is no reason the Town needs to repave that road right now.  Carman and Concord are two roads that the Town should focus on.  Councillor McCann reiterated that he is willing to work to find a solution to take care of emergency needs but bonded money should not to be used for this type of project and he would supporting Councillor Oates Amendment.

Mayor Prague made a motion to call the question on the Amendment.  Deputy Mayor Bazzano seconded the motion; and it failed on a Roll Call vote of 5 to 4 with Mayor Prague, Deputy Mayor Bazzano, Councillors Maneeley, McCann and Oates all voting in favor of calling the question; and Councillors Hale, Pelkey, Yagaloff, and Hale voting against calling the question.  (2/3rds is necessary)

Councillor Hale stated that the Republicans have managed to delay acting on this question since August.  The same thing was done two years ago with the Senior Citizen Tax Relief issue.

Councillor McCann called for a point of order because it is not proper to call the motives of one of the Councillor’s of this body into question.

(Resolution Continued on Next Page)


ITEM:

4.      A.      (Continued)

Councillor Yagaloff called for a point of order.  He stated that he feels the issue is not impugning the motives of a person, but the issue is impugning the character of a person.

Mayor Prague stated he doe not feel the Council is going to get anywhere tonight and suggested that the Council either call the question, vote on it for the record or adjourn this meeting.  It was decided to vote on the issues.

Mayor Prague called for a motion on the Amendment; it passed on a Roll Call vote of 5 to 4 with Mayor Prague, Deputy Mayor Bazzano, Councillors Maneeley, McCann, and Oates voting in favor of the Amendment; and Councillors Havens, Pelkey, Yagaloff, and Hale voting in opposition to the Amendment.

Councillor Hale made a motion to amend the Amendment to put a deadline of our next regular meeting.  Councillor Pelkey seconded the Amendment; and it failed on a Roll Call vote 4 to 5 with Councillors Havens, Pelkey, Yagaloff, and Hale voting in favor of the Amendment; and Mayor Prague, Deputy Mayor Bazzano, Councillors Maneeley, McCann, and Oates voting in opposition to the Amendment.

Mayor Prague called for a motion on the Resolution.  It passed on a Roll Call vote 8 to 1 with Mayor Prague, Deputy Mayor Bazzano, Councillors Havens, Maneeley, Pelkey, McCann, Yagaloff, and Oates voting in favor of the Resolution; and Councillor Hale voting against the Resolution.

Councillor Pelkey made a motion to Suspend the Rules to go to Item 4. C., Deputy Mayor Bazzano seconded the motion, and it was unanimous

  • Discussion Item:  Possible Ordinance Limiting Idling of Trucks (Requested by Councillor Yagaloff)
Councillor Yagaloff stated that there is no need to discuss this item tonight, but requested that at the next meeting a resolution to set a public hearing be put on for the following meeting.

Mayor Prague stated that he has received information regarding limiting idling trucks from the State.  Councillor McCann suggested that the information from the State be included with the ordinance so that the public may review all the information.



ITEM:

5.      Adjournment

At 10:46 p.m., Councillor McCann made a motion to adjourn the Special Meeting.  
Deputy Mayor Bazzano Pelkey seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council