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Town Council Action Minutes 12-7-2009
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 November 16, 2009; two Public Hearings of October 20, 2009; and Regular Meetings of October 5, 2009 and November 16, 2009.

Was made by Councillor McCann
Seconded by Councillor Yagaloff
The motion was approved, unanimously

15.     Consent Agenda
        
        Motion to approve Agenda Items 16. A. through 16. M. and Items 17. A. through 17. V., as the Consent Agenda.

Was made by Councillors Favreau and Prague
Seconded by Councillor Bazzano



ITEM:

15.     Consent Agenda (Continued)

Before calling for a vote on the Consent Agenda, Mayor Pelkey asked if there were any items to be removed.  Councillor Hale removed Agenda Items 17. B. through 17. C., 17. H., and 17. J. through 17. K. from the Consent Agenda and acted upon separately.  

Following the removal of these items, a vote was called for on the Amended Motion to approve Agenda Items 16. A. through 16. M., 17. A., 17. C. through 17. G., 17. I., and 17. L. through 17. V..  The Amended Motion was approved, unanimously.  Council then acted upon those Items removed from the Consent Agenda after Unfinished Business was complete.

16.     Unfinished Business

A.      Resolution Appointing Linda Jeski (D) a Full Member to the Economic Development Commission
        
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 tem of Roseann Williams.

(APPROVED BY CONSENT AGENDA)

  • Resolution Appointing Roseann Williams (D) an Alternate to the Economic Development Commission
        
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.

(APPROVED BY CONSENT AGENDA)

  • Resolution Reappointing Dwight Johnson (D) to the Economic Development Commission
        
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.

(APPROVED BY CONSENT AGENDA)

ITEM:

16.     Unfinished Business (Continued)

D.      Resolution Reappointing Marilyn Morrison (D) to the Economic Development Commission
        
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.

(APPROVED BY CONSENT AGENDA)

E.      Resolution Reappointing James Murray (D) to the Economic Development Commission
        
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.

(APPROVED BY CONSENT AGENDA)

F.      Resolution Reappointing Shirley Leich (D) to the Human Relations Commission
        
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.

(APPROVED BY CONSENT AGENDA)

G.      Resolution Reappointing Carol Flagg (D) to the Library Board
        
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.

(APPROVED BY CONSENT AGENDA)




ITEM:

16.     Unfinished Business

H.      Resolution Reappointing Kathleen-Mary Sharos (D) to the Library Board
        
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.

(APPROVED BY CONSENT AGENDA)

I.      Resolution Reappointing Alan Larson (D) to the Park & Recreation Commission
        
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.

(APPROVED BY CONSENT AGENDA)

J.      Resolution Reappointing Robert O’Connor (D) an Alternate to the Park and Recreation Commission
        
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.

(APPROVED BY CONSENT AGENDA)

K.      Resolution Reappointing Nancy Simonds (D) to the Personnel Board of Appeals
        
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.

(APPROVED BY CONSENT AGENDA)

ITEM:

16.     Unfinished Business (Continued)

L.      Resolution Reappointing Peter DeMallie (U) to the Central Regional (Tourism) District
        
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.

(APPROVED BY CONSENT AGENDA)
M.      Resolution Reappointing Joseph Carino (R) to the Water Pollution Control Authority

        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.

(APPROVED BY CONSENT AGENDA)

17.     New Business

A.      Resolution Accepting the Resignation of Edwina Futtner (R) from the Historic District Commission

        BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Edwina Futtner, said resignation to be effective immediately; and

        BE IT  FURTHER RESOLVED that the South Windsor town Council extends its thanks to Edwina Futtner for the time she has dedicated to servicing her community by her membership on the Historic District Commission.

(APPROVED BY CONSENT AGENDA)


ITEM:

17.     New Business (Continued)

D.      Resolution Appointing Teri Dickey-Gaignat (R) an Alternate to the Board of Assessment 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 appoints Teri Dickey-Gaignat (R) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2010 to fill an unexpired vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

E.      Resolution Reappointing Mark Lillis (R) 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 Mark Lillis (R) 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 William Jodice (R) 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 reappoints William Jodice (R) an Alternate 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)


ITEM:

17.     New Business (Continued)

G.      Resolution Reappointing Bruce Snow (R) to the Greater Hartford Transit 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 Bruce Snow (R) to the Greater Hartford Transit District for a term ending December 12, 2012 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

I.      Resolution Reappointing Katie Graham (R) an Alternate 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 Katie Graham (R) an Alternate 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)

L.      Resolution Reappointing Kathy Chiappetta (R) 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 Kathy Chiappetta (R) 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 (Continued)

M.      Resolution Reappointing Robert Dickinson (R) to the Mass Transit & Highway Advisory 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 Dickinson (R) to the Mass Transit & Highway Advisory 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)

N.      Resolution Reappointing Carolyn Mirek (R) to the Mass Transit & Highway Advisory 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 Carolyn Mirek (R) to the Mass Transit & Highway Advisory 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)

O.      Resolution Reappointing Bruce Snow (R) to the Mass Transit & Highway Advisory 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 Bruce Snow (R) to the Mass Transit & Highway Advisory 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)


ITEM:

17.     New Business (Continued)

P.      Resolution Reappointing Steven Harz (R) 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 Steven Harz (R) 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)

Q.      Resolution Reappointing Sharon Parlapiano (R) 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 Sharon Parlapiano (R) 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)

R.      Resolution Reappointing Jason Race (R) 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 Jason Race (R) 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)


ITEM:

17.     New Business (Continued)

S.      Resolution Reappointing David Romejko (R) 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 David Romejko (R) 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)

T.      Resolution Reappointing Howard Fitts (R) to the Public Building 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 Howard Fitts (R) to the Public Building 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)

U.      Resolution Reappointing Charlie Lyons (R) to the Public Building 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 Charlie Lyons (R) to the Public Building 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)



ITEM:

17.     New Business (Continued)

V.      Resolution Reappointing Thomas Berstene (R) to the Zoning 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 Thomas Berstene (R) to the Zoning Board of Appeals 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)

16.     Unfinished Business (Continued)

N.      Resolution Approving the Transfer of $12,200.00 from the contingency Account to the System Wide Fire Code Upgrade Account (Postponed from the November 16, 2009 Regular Meeting)

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.

Was made by Councillor Delnicki
Seconded by Councillor Bazzano
The motion was approved, unanimously

17.     New Business

O.      Resolution Supporting the Continuation of the Design of Roadway Improvements for Kelly Road (Postponed from the September 21, 2009 Regular Meeting)

WHEREAS, the Town of South Windsor was awarded Federal and State funding under the Surface Transportation Program (STP-Urban) for roadway improvements along Kelly Road (From Avery Street to the Vernon town Line); and


(Resolution Continued on Next Page)



ITEM:

17.     O.      (Continued)

WHEREAS, the South Windsor Town Council seeks to accomplish said roadway improvement project with the best geometrical alignment, keeping impacts to the affected abutting property owners to a minimum; and

WHEREAS, a public meeting was held on August 5, 2009 to receive input from property-owners and the public concerning the preliminary design of roadway improvements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby reaffirms the need for said project and supports continuation of the design of the roadway improvements along Kelly Road.

Was made by Deputy Mayor Havens
Seconded by Councillor Prague
The motion was approved, unanimously

Councillor Hale stated she wanted Items 17. B., 17. C., 17. H., 17. J., and 17. K. removed from the consent agenda to bring attention to these items.  These items should be reviewed by the Town Attorney to make sure all of the terms are consistent with the Charter.

B.      Resolution Appointing Kevin Ricker (R) an Alternate to the Planning & Zoning 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 Kevin Ricker (R) an Alternate to the Planning & Zoning Commission for a term ending November 9, 2013 to fill an expired term of Daniel Van Horn and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Prague
Seconded by Councillor Delnicki
The motion was approved, unanimously


ITEM:

17.     New Business (Continued)

C.      Resolution Appointing Rachna Khanna (R) an Alternate to the Planning & Zoning 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 Rachna Khanna (R) an Alternate to the Planning & Zoning Commission for a term ending November 9, 2013 to fill an expired vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously

H.      Resolution Reappointing Peter Jennings (R) to the Historic District 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 Jennings (R) to the Historic District Commission for a term ending November 30, 2014 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously

ITEM:

17.     New Business (Continued)

J.      Resolution Reappointing John Phillips (R) to the Inland Wetlands Agency/Conservation 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 John Phillips (R) to the Inland Wetlands Agency/Conservation Commission for a term ending June 1, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously

K.      Resolution Reappointing Elizabeth Warren (R) to the Inland Wetlands Agency/Conservation 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 Elizabeth Warren (R) to the Inland Wetlands Agency/Conservation Commission for a term ending June 1, 2013 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously

W.      Discussion Item:  Pavement Management Program (VHB Consultants and Mike Gantick, Director of Public Works)

Mr. Gordon Daring with VHB Consultants came forward and presented a Pavement Management Program slide show to the Town Council.

After the slide show, Town Council asked various questions which were answered by Mr. Daring.





ITEM:

17.     New Business (Continued)

X.      Resolution Authorizing the Reinstatement of the Road Resurfacing Program for the Remainder of the 2009/2010 Fiscal Year

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; and

WHEREAS, the Capital Projects Committee unanimously supported the reinstatement of this program; and

        WHEREAS, the South Windsor Town Council wishes to reinstate the Road Resurfacing program which is not funded in the current fiscal year; and

        WHEREAS, the Finance Department has identified remaining unexpended balances for several completed capital projects (as set forth on the attached Schedule A); and

        WHEREAS, the Town has substantially completed the Felt Road Bridge project and will be receiving reimbursement funds from the State of Connecticut’s Local Bridge Program;


(Resolution Continued on Next Page)
        

ITEM:

17.     X.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the transfer of $114,966 from the Completed Capital Projects listed on the attached Schedule A to the reinstated Road Resurfacing Program; and

BE IT FURTHER RESOLVED that the South Windsor Town Council also authorizes the transfer of funds to be received from the State of Connecticut’s Local Bridge Program for the Felt Road Bridge project to the reinstated Road Resurfacing Program; and

BE IT FURTHER RESOLVED that the South Windsor Town Council shall consider further funding for the Road Resurfacing Program in February
2010; and

BE IT FURTHER RESOLVED that the Capital Projects List be amended to reflect these changes.

Was made by Councillor Hale
Seconded by Mayor Pelkey

Councillor Delnicki made a friendly amendment in the eleventh paragraph at the end to insert “contingent upon approval by the Bond Council.”  Councillor Hale and Mayor Pelkey both agreed to this friendly amendment.

After some discussion regarding this issue, Councillor Hale made a motion to call the question; it failed on a Roll Call vote of 5 Ayes to 4 Nayes (2/3rd’s needed) with Mayor Prague, Deputy Mayor Havens, Councillor Yagaloff, Councillor Favreau, and Councillor Hale voting in favor of calling the question; and Councillor McCann, Councillor Delnicki, Councillor Bazzano and Councillor Prague voting in opposition to calling the question.

At 11:00 p.m. Mayor Pelkey made a motion to extend the meeting past the 11:00 p.m. deadline.  This item should be complete by 11:10 p.m. and then the Council would go into Executive Session.   Councillor Delnicki seconded the motion; and it was approved, unanimously.


ITEM:

17.     X.      (Continued)

Councillor Prague made an Amendment to eliminate the Felt Road bridge money from this Resolution.  Councillor McCann seconded the Amendment.  The Amendment failed on a Roll Call vote of 3 to 6 with Councillor Prague, Councillor McCann, and Councillor Delnicki voting in favor of this Amendment; and Mayor Pelkey, Deputy Mayor Havens, Councillor Hale, Councillor Bazzano, Councillor Favreau and Councillor Yagaloff voting in opposition to this Amendment.

Mayor Pelkey called for a vote on the Amended Resolution.  It passed on a Roll Call vote of 7 to 2 with Mayor Pelkey, Deputy Mayor Havens, Councillor Yagaloff, Councillor Delnicki, Councillor Favreau, Councillor Hale and Councillor Prague all voting in favor of the Amended Resolution; and Councillor McCann and Councillor Bazzano voting in opposition to the Amended Resolution.

21.     Executive Session

At 11:10 p.m. Mayor Pelkey made a motion to go into Executive Session to discuss foreclosure litigation and contract (Hi-G Building, 85 Nutmeg Road) and a personnel matter – review of the Town Attorney contract.  Councillor Delnicki seconded the motion; and it was approved, unanimously.

The following individuals went into Executive Session:  Town Manager Matthew Galligan, Mayor Pelkey, Deputy Mayor Havens, Councillor Hale, Councillor Delnicki, Councillor McCann, Councillor Favreau, Councillor Prague, Councillor Yagaloff, Councillor Bazzano, Craig Stevenson who is the Economic Development Consultant, and Jan Exman, 85 Nutmeg LLC.


The Executive Session and Regular Meeting adjourned at 11:47 p.m.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council