TOWN COUNCIL
TOWN OF SOUTH WINDSOR
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 (left the meeting at 9:50 p.m.)
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
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council to request to speak under Item 14.
6. Environmental Health & Safety Message
Councillor McCann reminded the public that October is Breast Cancer Awareness Month as well as Domestic Violence Awareness Month.
Councillor Oates informed the public that there is some availability of the H1N1 vaccine and if residents have any questions, they should contact the Health Department or look on the website.
Councillor Maneeley informed the public that October is also Fire Prevention Month and reminded the public to check the batteries in their smoke detectors.
7. Adoption of Minutes of Previous Meetings
None
ITEM:
8. Public Petitions
Mrs. Mary Etter, Director of the South Windsor Public Library came forward and announced that she was there on behalf of South Windsor Public Library and the South Windsor Human Relations Commission to give a reminder about our partnered programs in October. On October 15, 2009 the Library will hold a program called “A book for lunch” at which the executive director of the National Theatre for the Deaf will review a memoir called “Hands of My Father”. This will be a preview and will lead in to the presentation by the Little Theatre of the Deaf. A production called “Tree Wise” will be shown at Timothy Edwards School on Sunday, October 18, 2009 at 2:00 p.m. in the afternoon.
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Communications and Reports from Town Manager
Mr. Galligan reported the following to the Town Council:
- Distributed a sheet on the fund balance estimate which will be discussed later in the meeting
- Distributed a report from the Director of Finance on the Sewer Fund Balance. The Auditors were requested to come to this meeting, but were unable to attend.
- A memo was distributed to the Town Council from the Director of Public Works regarding the roads and asphalt bids.
- The Town will need to apply for the Energy Grant by November 5, 2009.
- Mr. Galligan requested that the Town Council move the October 19, 2009 meeting to Tuesday, October 20, 2009 because he would be on vacation.
- Mr. Galligan expressed that he is pretty comfortable with the numbers from CERC because they took a very conservative approach.
- Connecticut Studios is moving along very quickly. The Project Manager for Connecticut Studios has written a four page narrative of items that need to get done. Most of the Town items are complete, except for plans being submitted to the Planning & Zoning Commission and the IWA/CC.
After a short discussion, it was the consensus of the Council to reschedule Monday, October 19, 2009 meeting to Tuesday, October 20, 2009
ITEM:
10. Communications and Reports from Town Manager (Continued)
Council members had a lengthy discussion regarding fund balance and road resurfacing.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Councillor Pelkey informed the public that around October 11, 2009 or October 12, 2009 everyone will be required to use10 digit phone numbers.
Town Manager, Matthew Galligan explained to the Council that if a participating Town is interested, CRCOG will be putting together an Authority who will investigate if there is a cheaper way to dispose of trash.
14. Public Participation
Mr. Don Gonsalves, 41 Bayberry came before the Town Council and stated there are items he would like to discuss, they are as follows:
- The last meeting of the Council on Sept 30th was a disgrace. It was political fighting between the Democrats and Republicans.
- The Town Council does not understand the fund balance and the Town Manager should explain exactly how it is calculated year to year and if any Council member does not understand then they should be allowed to obtain answers to their questions.
- Fund balance should be discussed in full because we have a referendum coming up in November for 2 million dollars. The taxpayers of this Town should know where the Town stands financially before that referendum. Mr. Gonsalves stated he would be voting against it because the Town does not have enough money. Encumbrance should not be included in the fund balance.
ITEM:
14. Public Participation (Continued)
- The Board of Education under ran one account for $675,000. The Board of Education should know at the end of September what that account looks like. Money is being spent that was not approved to be spent. Mr. Gonsalves stated that he knows the Town Council can’t control the spending of the Board of Ed, but there is nothing preventing the Board of Education from coming in and explaining what has been spent versus what has been budgeted.
Mr. John Marchesseault, 75 Murielle Drive requested that the report prepared by the Town Manager be available for residents.
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
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
ITEM:
16. Unfinished Business (Continued)
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
- Discussion Item: Update on Fund Balance, Deficits from 08/09 Fiscal Year (Requested by Councillor Pelkey)
Answering questions from the Council, Town Manager, Matthew Galligan explained that there is no accounting standard for the fund balance. Rating agencies recommend a minimum of 5% and a maximum of 10%. Mr. Galligan recommended the percentage to stay as high to the 10% as possible. Mr. Gonsalves stated that reserve from encumbrance should not be in the fund balance. This is true in the private sector, but in the public sector that is a requirement under GASB concerning municipal audits. Mr. Galligan then answered other various questions raised by Council members and Council members made comments regarding the fund balance.
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
ITEM:
16. Unfinished Business (Continued)
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 5 with Councillors Hale and Yagaloff voting in favor of moving the items; and Mayor Prague, Deputy Mayor Bazzano, Councillors Oates, Pelkey, and McCann voting against moving the agenda items.
- Discussion Item: Update on Possible Sale of 625 Sullivan Avenue (Requested by Councillor Pelkey)
Council members discussed the different options to market this property. There was also a discussion on offering to move the sedge to make this property more marketable. Mr. Galligan stated that there was a federal law that just passed on using block grants and the Town could try to use this program.
G. Discussion Item: Ordinance for Land Use Fees
Mr. Walter Summers, Fire Marshall came forward to introduce this item. Mr. Summers suggested that the Town Council review this document and email any questions to the Town Manager in order for him to forward them to Town staff and then the next time this item is discussed, those questions could be answered. A group of employees have worked, with the direction of the Town Manager, to study all of the fees of surrounding Towns and compare them against our land use fees that the Town presently has. These have been reviewed by the Town Manager and Town Attorney. There are new ordinances in there that would be for special effects and permits.
ITEM:
16. G. (Continued)
Town Council discussed this item in length and it was decided that a Work Session should be scheduled that would review permit fees associated with the Connecticut Studios project that the Town currently does not have. The other priority discussion should be if the Town if losing money on a certain permit fee structure.
H. Discussion Item: Film Production Ordinance
This item will be discussed in a future Work Session.
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.
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.
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.
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
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.”
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.
ITEM:
17. New Business (Continued)
- 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
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”.
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
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
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.
ITEM:
17. New Business (Continued)
- 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
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.
(Resolution Continued on Next Page)
ITEM:
17. New Business (Continued)
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
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.
ITEM:
17. New Business (Continued)
- 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.
- 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.
ITEM:
17. New Business (Continued)
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 the tax collections come in. Mayor Prague made a motion to withdraw this motion. Councillor McCann withdrew his second.
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 Fire 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
(Resolution Continued on Next Page)
ITEM:
17. G. (Continued)
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.
Mayor Prague then called for a vote on the Resolution; it was approved, unanimously.
The resolution to read as follows:
WHEREAS, the South Windsor Fire 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
(Resolution Continued on Next Page)
ITEM:
17. G. (Continued)
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.
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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