TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 November 16, 2009
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Pelkey called the Regular Meeting to order at 8:00 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Edward Havens
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kathryn Hale
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
Duncan Forsyth, Town Attorney
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session of October 5, 2009; Special Work Session of October 20, 2009; Special Meeting of October 20, 2009 and two Special Meetings of September 30, 2009; and the Organizational Meeting held on November 9, 2009.
Was made by Councillor Bazzano
Seconded by Councillor Yagaloff
The motion was approved, unanimously
15. Consent Agenda
Motion to approve Agenda Items 17. A. through 17. M. and Items 17. N. through 17. P., as the Consent Agenda.
Was made by Councillors Favreau and Delnicki
Seconded by Councillor Hale
The motion was approved, unanimously
ITEM:
17. New Business
A. Resolution Accepting the Resignation of Roseann Williams (D) a Full Member to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Roseann Williams (D) a full member to the Economic Development Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Roseann Williams for the time she has dedicated to servicing her community by her membership on the Economic Development Commission.
(APPROVED BY CONSENT AGENDA)
- Resolution Appointing Linda Jeski (D) a Full Member to the Economic Development Commission and Postponing Consideration of this Motion Until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Linda Jeski (D) a full member to the Economic Development Commission for a term ending November 30, 2011 to fill an unexpired term of Roseann Williams and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
- Resolution Appointing Roseann Williams (D) an Alternate to the Economic Development Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Roseann Williams (D) an Alternate to the Economic Development Commission for a term ending November 30, 2013 to fill an expired term of Linda Jeski and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
D. Resolution Reappointing Dwight Johnson (D) to the Economic Development 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 Dwight Johnson (D) to the Economic Development Commission for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
E. Resolution Reappointing Marilyn Morrison (D) to the Economic Development 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 Marilyn Morrison (D) to the Economic Development Commission for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
F. Resolution Reappointing James Murray (D) to the Economic Development 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 Murray (D) to the Economic Development Commission or a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
G. Resolution Reappointing Shirley Leich (D) to the Human Relations 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 Shirley Leich (D) to the Human Relations Commission for a term ending November 30, 2012 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
H. Resolution Reappointing Carol Flagg (D) to the Library Board 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 Carol Flagg (D) to the Library Board for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
I. Resolution Reappointing Kathleen-Mary Sharos (D) to the Library Board 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 Kathleen-Mary Sharos (D) to the Library Board for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
J. Resolution Reappointing Alan Larson (D) to the Park & Recreation 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 Alan Larson (D) to the Park & Recreation Commission for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
K. Resolution Reappointing Robert O’Connor (D) an Alternate to the Park and Recreation 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 Robert O’Connor (D) an Alternate to the Park and Recreation Commission for a term ending November 30, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
L. Resolution Reappointing Nancy Simonds (D) to the Personnel Board of Appeals 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 Nancy Simonds (D) to the Personnel Board of Appeals for a term ending November 30, 2012 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
M. Resolution Appointing Richard Aries (D) to the Water Pollution Control Authority 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 Richard Aries (D) to the Water Pollution Control Authority for a term ending November 30, 2015 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
- Resolution Accepting the Resignation of Michael Patitucci (R) from the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Michael Patitucci (R) a full member of the Water Pollution Control Authority, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Michael Patitucci for the time he had dedicated to servicing his community by his membership on the Water Pollution Control Authority.
(APPROVED BY CONSENT AGENDA)
O. Resolution Reappointing Joseph Carino (R) to the Water Pollution Control Authority 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 Joseph Carino (R) to the Water Pollution Control Authority for a term ending November 30, 2015 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
P. Resolution Reappointing Peter DeMallie (U) to the Central Regional (Tourism) District 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 DeMallie (U) to the Central Regional (Tourism) District for a term ending September 1, 2012 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
Q. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Preliminary Design of Improvements to Kelly Road
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 7, 2009 at 7:00 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 Preliminary Design of Improvements to Kelly Road.
Was made by Deputy Mayor Havens
Seconded by Councillor Bazzano
The motion was approved, unanimously
Councillor Yagaloff made a motion to Suspend the Rules in order to go to Item 18. A. Councillor Delnicki seconded the motion; and it was approved, unanimously.
18. Passage of Ordinance
- Resolution Adopting a Proposed Ordinance, an “Ordinance Establishing an Anti-Idling Ordinance in the Town of South Windsor”.
BE IT RESOLVED that the South Windsor Town Council hereby adopts an “Ordinance Establishing an Anti-Idling Ordinance in the Town of South Windsor” said Ordinance more fully described in attached Exhibit B., a copy of which is on file in the Office of the Town Clerk.
ITEM:
18. A. (Continued)
Was made by Councillor Yagaloff
Seconded by Deputy Mayor Havens
Councillor Yagaloff stated that this version of the ordinance has not been reviewed by the Town Attorney and should be. Councillor Yagaloff suggested the following amendment in paragraph 4 after “immediate adjacent to or abuts a residential area” insert “such that the idling vehicle is stopped or parked within 250 feet of the residential area”. Mayor Pelkey seconded the amendment.
Commander Reed from the Police Department explained that putting a distance in the ordinance could make it more difficult for the Police Department.
After a lengthy discussion regarding this item, Councillor Yagaloff made a motion to withdraw his amendment; Mayor Pelkey also withdrew his second on the amendment.
Councillor Yagaloff then made a motion to table this item to the next regularly scheduled meeting. Deputy Mayor Havens seconded the motion; and it was approved, unanimously.
17. New Business
R. Resolution Approving the Transfer of $12,200.00 from the Contingency Account to the System Wide Fire Code Upgrade Account
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $12,200.00 from the Contingency Account to the System Wide Fire Code Upgrade Account to cover the costs associated with Fire Code Upgrades to the South Windsor Town Hall.
Council members voiced their concern that only one proposal was submitted for this project and stated they would be more comfortable if it were known if this were a competitive cost. Councillor Hale made a motion to table this item to the next regularly scheduled meeting. Councillor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:
17. New Business (Continued)
S. Resolution Approving the Write-Off of Taxes on Property located at 9 Main Street, Lot 14
BE IT RESOLVED that the South Windsor Town Council hereby approves the write-off of $363.46 in taxes related to property located at 9 Main Street, Lot 14, South Windsor; and
BE IT FURTHER RESOLVED that the South Windsor Town Council directs Town Manager Matthew B. Galligan to adjust the financial records of the Town to reflect said write-off.
Was made by Councillor Favreau
Seconded by Councillor Hale
The motion was approved, unanimously
- Discussion Item: Draft Resolution to Fund the Annual Road Resurfacing Program (requested by Councillor Hale)
WHEREAS, the Town has historically funded a Capital Road Resurfacing Program in an effort to maintain the Town of South Windsor’s roads infrastructure in a good state of repair; and
WHEREAS, 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, deferring road maintenance results in additional expense in the future; and
WHEREAS, in the original Fiscal Year 2009/2010 Capital Budget, the funding for Road Resurfacing was eliminated; and
WHEREAS, it would be in the Town’s best interest to reinstate some level of a Road Resurfacing Program in the 2009/2010 year
(Resolution Continued on Next Page)
ITEM:
17. T. (Continued)
NOW, THEREFORE, BE IT RESOLVED that
- The Town Council hereby authorizes a Road Resurfacing Program for the remainder of the 2009/2010 fiscal year in the amount of $_____________.
- The Town Council hereby authorizes that the Road Resurfacing Program be funded by transfers or allocations in the following order:
- By transferring the remaining balance of the School Cafeteria Project in the amount of $36,128.00 to the Road Resurfacing Program.
- By transferring the remaining balance of the School Window Projects in the amount of $42,838.00 to the Road Resurfacing Program.
- By transferring $25,000.00 from the budget for the Plan of Conservation and Development to the Road Resurfacing Program.
- By transferring any remaining balance or refund of costs for the Felt Road Bridge Project to the Road Resurfacing Program
- By transferring any remaining balance or refund for any other completed Capital project which becomes available by February 28, 2010.
- By transferring $144,141.00 from the Capital and Non-Recurring Account.
- By authorizing the use of an amount of the Bonded Road and Drainage Capital Improvement funds as is necessary to bring the Road Resurfacing Program Fund up to the total amount specified in paragraph 1; and
ITEM:
17. T. (Continued)
BE IT FURTHER RESOLVED that upon the determination of the amount of Bonded Road and Drainage Capital Improvement Funds that is necessary to bring the Road Resurfacing Program Fund up to the total amount specified in paragraph 1, the Town Council shall amend the Bonded road and Drainage Capital Improvement Project list by placing at the top of that list those road projects which will be paid for by the bonded funds.
Councillor Hale began discussions regarding this item. She stated that this resolution would allow the Public Works employees to have knowledge of what can be spent for roads. Public Works can then come back before the Council with a plan. This item was discussed in length with other Council members giving their input regarding this issue. Mayor Pelkey stated he would discuss this issue with the Director of Public Works to see when work could be done on the certain roads if money was approved for use. This resolution gives the best compromises that are available and Mayor Pelkey stated he would like to take care of this work.
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Reallocation of $144,141.00 from the Capital & Non-Recurring Account (Account $4201) to the Capital Road Resurfacing Program
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 7, 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 Reallocation of $144,141.00 from the Capital & Non-Recurring Account (Account $4201) to the Capital Road Resurfacing Program.
Councillor Hale withdrew this resolution and felt it could be deferred to a later date.
ITEM:
17. New Business (Continued)
V. Resolution Supporting Central Connecticut Solid Waste Authority
WHEREAS the municipalities constituting the Mid-Connecticut Project have been researching solutions for long-term solid waste disposal when their contract with the Connecticut Resources Recovery Authority expires in 2012; and
WHEREAS other municipalities in the Litchfield Hills Council of Elected Officials and elsewhere have expressed interest in joining efforts with the Mid-Connecticut Project municipalities to find long-term solid waste disposal solutions; and
WHEREAS the Capitol Region Council of Governments has performed a regional solid waste options analysis and successfully tested the presence of alternatives in the private market through a Request for Information for Integrated Regional Solid Waste Management Services covering Transfer, Transportation, Disposal and Processing/ Recycling Services; and
WHEREAS, the Capitol Region Council of Governments Executive Committee has authorized CRCOG staff to facilitate the forming of a solid waste management authority to represent municipalities interested in conducting an RFP and negotiating for long-term solid waste disposal services; and
WHEREAS the Town of South Windsor has expressed preliminary interest in taking part in the solid waste authority formed by the Capitol Region Council of Governments, the “Central Connecticut Solid Waste Authority.”
NOW, THEREFORE BE IT RESOLVED that the South Windsor Town Council does hereby preliminarily endorse the above referenced Central Connecticut Solid Waste Authority and authorizes the Town Manager, Matthew B. Galligan to sign all necessary agreements and take all necessary actions to allow the Town to pay a fee of $500 to help defray the professional fees necessary to draft a model ordinance which the Town would then adopt if it decided to become a member of the Authority, as well as other costs of creating the Authority.
(Resolution Continued on Next Page)
ITEM:
17. V. (Continued)
Was made by Mayor Pelkey
Seconded by Councillor Bazzano
The motion was approved 8 to 0 with Councillor Delnicki abstaining
W. Resolution Approving the Transfer of $500.00 from the Contingency Account to the Town Manager’s Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $500.00 from the Contingency Account to the Town Manager’s Professional Account to cover the payment to CRCOG to help establish a new Authority for the trash and recycling study.
Was made by Councillor Prague
Seconded by Councillor Hale
The motion was approved 8 to 0 with Councillor Delnicki abstaining
X. Resolution Approving a Refund of Taxes to Seventy-One (71) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to seventy-one (71) South Windsor Taxpayers, the total of said refunds being $14,651.19.
Was made by Councillor Delnicki
Seconded by Councillor Bazzano
The motion was approved 8 to 0 with Deputy Mayor Havens abstaining
22. Motion to Adjourn
At 10:10 p.m. Councillor Hale made a motion to adjourn the Regular Meeting. Councillor Delnicki seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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