TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 December 21, 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
After Roll Call was complete, Mayor Pelkey recessed the Regular Meeting in order to finish the Work Session agenda. The Regular Meeting reconvened at 8:50 p.m.
5. Public Input
None
6. Environmental Health & Safety Message
Councillor Hale updated the public on the H1N1 Flu Vaccination Program. There will be a clinic held on January 9, 2010 from 9:00 a.m. to 12:00 p.m. at Windsor town Hall. Anyone 6 months and over, regardless of medical status is eligible. Those who wish to participate to receive the shot or flu midst should call to set up an appointment. The number is on the Town website.
ITEM:
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 December 7, 2009; Public Hearing of December 7, 2009; and Regular Meeting of December 7, 2009.
Was made by Deputy Mayor Havens
Seconded by Councillor Delnicki
The motion was approved, unanimously
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Communications and Reports from Town Manager
Mr. Galligan reviewed the following items:
Clean Water Fund
The Town did receive the grant from DEP which is for approximately $7.8 million. The remainder of the cost will be covered by a 2% loan program. Water Pollution Control Authority would like to have a joint meeting with the Town Council to discuss and make a decision on how the payment of the loan will be distributed (to all residents or to just users). Water Pollution Control Authority would also like to discuss the fee schedule and the type of Capital Projects the Town Council would like in the rate going forward.
Reapplying the Bridge money
The Town Council received a memo from Frank D’Ercole from Robinson & Cole. The memo states that there are no restrictions on the money and it can be used for other purposes as outlined in the Resolution, which was for curbing, roads, drainage, etc.
Fees
At the first meeting in January, the Town Council should be ready to discuss the various fee structures that town staff has prepared for the Town Council’s review.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Letter from Superintendent of Schools
The Town Council received a letter from the Superintendent of Schools in which Dr. Kozaczka recommends that the Town Council take no action to reduce the Board of Education budget and also recommends that the Town Council seek advice from Blum Shapiro with respect to the ARRA funding and financial accounting issues.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Councillor Yagaloff informed the Town Council that the Board of Education voted to move the graduation venue from First Cathedral to the Convention Center in Hartford. It will be June 22, 2010 and they are working on negotiating parking fees. There will be the ability to have a much larger crowd.
Councillor Prague stated that he sent the minutes of the Public Building Commission to all Council members and then requested that Councillors who attend various Commission meetings to also pass the minutes to all other Councillors.
14. Public Participation
None
15. Consent Agenda
Motion to approve Agenda Items 16. A. through 16. P., as the Consent Agenda.
Was made by Councillor McCann
Seconded by Councillor Delnicki
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. There were none. The motion was approved, unanimously.
16. Unfinished Business
* A. Resolution Appointing Teri Dickey-Gaignat (R) an Alternate to the Board of Assessment Appeals
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.
(APPROVED BY CONSENT AGENDA)
* B. Resolution Reappointing Mark Lillis (R) to the Economic Development Commission
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.
(APPROVED BY CONSENT AGENDA)
* C. Resolution Reappointing William Jodice (R) an Alternate to the Economic Development Commission
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.
(APPROVED BY CONSENT AGENDA)
ITEM:
16. Unfinished Business (Continued)
* D. Resolution Reappointing Bruce Snow (R) to the Greater Hartford Transit District
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.
(APPROVED BY CONSENT AGENDA)
* E. Resolution Reappointing Katie Graham (R) an Alternate to the Park & Recreation Commission
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.
(APPROVED BY CONSENT AGENDA)
* F. Resolution Reappointing Kathy Chiappetta (R) to the Library Board
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.
(APPROVED BY CONSENT AGENDA)
* G. Resolution Reappointing Robert Dickinson (R) to the Mass Transit & Highway Advisory Commission
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.
(APPROVED BY CONSENT AGENDA)
ITEM:
16. Unfinished Business (Continued)
* H. Resolution Reappointing Carolyn Mirek (R) to the Mass Transit & Highway Advisory Commission
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.
(APPROVED BY CONSENT AGENDA)
* I. Resolution Reappointing Bruce Snow (R) to the Mass Transit & Highway Advisory Commission
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.
(APPROVED BY CONSENT AGENDA)
* J. Resolution Reappointing Steven Harz (R) to the Park & Recreation Commission
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.
(APPROVED BY CONSENT AGENDA)
* K. Resolution Reappointing Sharon Parlapiano (R) to the Park & Recreation Commission
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.
(APPROVED BY CONSENT AGENDA)
ITEM:
16. Unfinished Business (Continued)
* L. Resolution Reappointing Jason Race (R) to the Park & Recreation Commission
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.
(APPROVED BY CONSENT AGENDA)
* M. Resolution Reappointing David Romejko (R) to the Park & Recreation Commission
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.
(APPROVED BY CONSENT AGENDA)
* N. Resolution Reappointing Howard Fitts (R) to the Public Building Commission
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.
(APPROVED BY CONSENT AGENDA)
* O. Resolution Reappointing Charlie Lyons (R) to the Public Building Commission
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.
(APPROVED BY CONSENT AGENDA)
ITEM:
16. Unfinished Business (Continued)
* P. Resolution Reappointing Thomas Berstene (R) to the Zoning Board of Appeals
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.
(APPROVED BY CONSENT AGENDA)
It was the consensus of the Town Council to return to Communications and Reports from Town Manager to allow the Town Manager to finish his report.
10. Communications and Reports from Town Manager (Continued)
Mr. Galligan stated that Mr. John Shemo from the Metro Hartford Alliance was present to come forward to discuss Metro Hartford Alliance.
Mr. John Shemo Vice President and Director of Economic Development for Metro Hartford Alliance. Mr. Shemo stated that he was before the Council to encourage the Council’s financial investment in the Metro Hartford Alliance. The Alliance is this regions economic development leader. Thirty other towns in the region have invested twenty cents per capita in the Metro Hartford Alliance annually. The Town’s contribution would support that Alliance’s mission which is to ensure that this region competes aggressively and successfully for jobs, capital, and talent. The Town is also buying the expertise of three economic development professionals. Municipal services are provided in the packet that was handed out. The Alliance operate a revolving loan fund to support business growth in our region, offers visitation software, regional economic development forum, and scholarships to individuals within our investor of communities to pursue their education in economic development.
In 2010 the Alliance will be offering support for the film studio that has been proposed for South Windsor and specifically to identify and secure federal dollars to offset some of the infrastructure costs for that site.
Answering questions from the Council, Mr. Shemo explained that the Metro Hartford Alliance markets this region to site selection consultant and corporate real estate professionals around the country and to some degree internationally. The Alliance does a good job of marketing the assets of this entire region. We have successfully closed several significant deals throughout our short history of nine
ITEM:
10. Communications and Reports from Town Manager (Continued)
years. The Alliance has a full time lobbyist at the State level. There is a legislative alert system to different town employees for items that are important. This will also allow citizens in our region to reach out to legislators.
Mr. Galligan stated that the membership fee of $5,200.00 was taken out of the budget. This amount can be taken out of the Contingency Account at a future meeting. In order for the Metro Hartford Alliance to support the Connecticut Studio project through the EDA the Town Council has to make a decision on the membership.
Mr. Shemo explained that the Metro Hartford Alliance works with EDA, which provides some assistance for Public Works infrastructure type projects. The Alliance is the keeper of the comprehensive economic development strategy for our region. Investments EDA make are from $500,000 to $1.5 million. There is a ranking list that the project would go on in order to receive any funds through EDA.
Mr. Galligan also explained that one of the reasons why South Windsor participated in Metro Hartford Alliance is because South Windsor does not have County government and Metro Hartford Alliance acts as a County Government to acquire those funds.
Councillor Hale questioned if the Town has used the Brownfield assessment grants to address different issues in South Windsor? Mr. Craig Stevenson answered that the Hi-G building did benefit from Brownfield assessment grant program. Mr. Galligan explained that the Town does not get a lot of information from the Oakland Road building (old Mobile). Mr. Shemo added that there is a new round of money available for Brownfield assessments.
ITEM:
15. Consent Agenda
Motion to approve Agenda Items 17. A. through 17. S., as the Consent Agenda.
Was made by Councillor Hale
Seconded by Councillor Yagaloff
Before calling for a vote on the Consent Agenda, Mayor Pelkey asked if there were any items to be removed. There were none. The motion was approved, unanimously.
17. New Business
* A. Resolution Appointing Mario Marrero (D) an Alternate to the Planning and Zoning Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Mario Marrero (D) an Alternate to the Planning and Zoning Commission for a term ending November 7, 2011 to fill an unexpired vacancy and postpone consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* B. Resolution Reappointing David Patria (D) to the Building Code Board of Appeals and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution reappointing David Patria (D) to the Building Code Board of Appeals for a term ending January 1, 2015 and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* C. Resolution Appointing Jean Klein (D) a Full Member to the Historic District Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Jean Klein (D) a full member to the Historic District Commission for a term ending November 30, 2010 to fill an unexpired vacancy and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* D. Resolution Appointing Caroline Taylor (D) an Alternate to the Historic District Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Caroline Taylor (D) an alternate to the Historic District Commission for a term ending November 30, 2013 to fill an unexpired term of Jean Klein and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* E. Resolution Appointing Marion Burke (D) to the Housing Authority and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Marion Burke (D) to the Housing Authority for a term ending November 30, 2014 to fill an expired term of Yvette Chabotte and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* F. Resolution Appointing Rabbi Jeff Glickman (D) to the Human Relations Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Rabbi Jeff Glickman (D) to the Human Relations Commission for a term ending November 30, 2011 to fill an expired term of Leslie Ann Carman and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* G. Resolution Appointing Nilofer Haider (D) to the Human Relations Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Nilofer Haider (D) to the Human Relations Commission for a term ending November 30, 2011 to fill an unexpired term of Janice Favreau and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* H. Resolution Appointing Hugh Brower (D) a Full Member to the Inland Wetlands/Conservation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Hugh Brower (D) a full member to the Inland Wetlands/Conservation Commission for a term ending June 1, 2013 to fill an expired term of Richard Muller and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* I. Resolution Appointing Anthony Duarte (D) an Alternate to the Inland Wetlands/Conservation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Anthony Duarte (D) an Alternate to the Inland Wetlands/Conservation Commission for a term ending December 1, 2012 to fill an unexpired term of Hugh Brower and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* J. Resolution Appointing Karen Wagner (D) to the Mass Transit and Highway Advisory Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Karen Wagner (D) to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2013 to fill an expired term of Dorothy Corcoran and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* K. Resolution Appointing Robert O’Connor (D) to the Park and Recreation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Robert O’Connor (D) to the Park and Recreation Commission for a term ending November 30, 2013 to fill an expired term of James Snow and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* L. Resolution Appointing Craig Zimmerman (D) an Alternate to the Park and Recreation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Craig Zimmerman (D) an Alternate to the Park and Recreation Commission for a term ending November 30, 2013 to fill an unexpired term of Robert O’Connor and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* M. Resolution Appointing Roger Anderson (D) to the Patriotic Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Roger Anderson (D) to the Patriotic Commission for a term ending August 31, 2012 to fill an expired term of Scott C. Simmons and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* N. Resolution Appointing Edward O’Connell (D) to the Public Building Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Edward O’Connell (D) to the Public Building Commission for a term ending November 30, 2013 to fill an expired term of Carol Kelley and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* O. Resolution Accepting the Resignation of Richard Aries (D) from the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Richard Aries, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Richard Aries for the time he has dedicated to servicing his community by his membership on the Water Pollution Control Authority.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* P. Resolution Appointing Thomas Deming (D) a Full Member to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Thomas Deming (D) a full member to the Water Pollution Control Authority for a term ending November 30, 2015 to fill an expired term of Richard Aries and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* Q. Resolution Appointing Richard Aries (D) an Alternate to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing Richard Aries (D) an Alternate to the Water Pollution Control Authority for a term ending November 30, 2011 to fill an unexpired term of Thomas Deming and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
* R. Resolution Appointing William Vees (D) to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing William Vees (D) to the Water Pollution Control Authority for a term ending November 30, 2013 to fill an unexpired vacancy and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business
* S. Resolution Appointing James Kupchunos (D) to the Zoning Board of Appeals and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
Resolution appointing James Kupchunos (D) to the Zoning Board of Appeals for a term ending November 30, 2013 to fill an expired term of Teri Dickey-Gaignat and postponing consideration of this motion until the Town Council’s next regularly scheduled meeting.
(APPROVED BY CONSENT AGENDA)
16. Old Business
Q. Resolution Appointing Kevin Ricker (R) an Alternate to the Planning & Zoning Commission
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.
Was made by Councillor Delnicki
Seconded by Councillor Bazzano
Mayor Pelkey explained that this item was pulled off the consent agenda at the last meeting in order to receive more information regarding this appointment. Mayor Pelkey requested that the Town Manager direct staff to go through different rules and regulations regarding all of the Boards and Commissions. A program should be developed to help the Republican and Democratic parties.
Councillor Hale explained that the appointments of the alternates for the Planning & Zoning Commissions do not match with the terms of the charter. The proposal at this point to fix the appointments is to have one appointment for a two year term and the other appointment for a four year term. It was discussed and is felt that the Republicans should take a four year term for item 16. Q. or 16. R. and the Democratic should take a two year term for item 16. Q. or 16. R. This would avoid a supermajority on the Planning & Zoning Commission.
ITEM:
16. Q. (Continued)
Councillor Bazzano agreed with the changing of the terms to meet the charter, but thought that the party that is the majority on the Planning & Zoning Commission would be the party that takes two of the alternate positions.
Mayor Pelkey and Councillor Yagaloff both stated that the driving theory of this decision was based on the charter and avoiding super majority on the Commission.
Councillor McCann explained that on the Planning & Zoning Commission, alternates are selected on a rotation basis, not on whether the individual is a republican or a democrat.
At 9:45 p.m. Council members took at 10 minute recess. The meeting reconvened at 9:55 p.m.
Councillor Delnicki stated that this past election there was a rise in the unaffiliated voter and he asked the democratic majority to consider having a republican alternate, a democratic alternate, and a unaffiliated alternate take the alternate positions of the Planning & Zoning Commission.
Councillor Prague made a motion to table this item. Councillor Bazzano seconded the motion; and it was approved, unanimously.
R. Resolution Appointing Rachna Khanna (R) an Alternate to the Planning & Zoning Commission
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.
Councillor Prague made a motion to table this item. Councillor Bazzano seconded the motion; and it was approved, unanimously.
ITEM:
16. Unfinished Business (Continued)
- Resolution Reappointing Peter Jennings (R) to the Historic District Commission
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.
Was made by Councillor Bazzano
Seconded by Councillor Yagaloff
The motion was approved, unanimously
- Resolution Reappointing John Phillips (R) to the Inland Wetlands Agency/Conservation Commission
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.
Was made by Councillor Delnicki
Seconded by Councillor Yagaloff
The motion was approved, unanimously
- Resolution Reappointing Elizabeth Warren (R) to the Inland Wetlands Agency/Conservation Commission
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.
Was made by Councillor Prague
Seconded by Councillor McCann
Councillor Hale explained that the Inland Wetlands Agency/Conservation Commission is another item that information was sought on regarding the different terms of individuals. There is historical information that explains why some of the terms expire June 1st. The Town Attorney’s opinion would allow the Town Council to change the term to December 1st, leave it at June 1st, or table this and get more information. Councillor Hale felt it would be in
ITEM:
16. U. (Continued)
the best interest of the Council to change the term on Item 16. U., and Item 16. T to December 1st.
After consensus of the Council, Councillor Bazzano made a motion to Amend the ending term to December 1, 2013. Councillor Delnicki seconded the Amendment and the motion was approved, unanimously.
Mayor Pelkey called for a vote on the Amended Resolution; it was approved, unanimously.
Councillor Bazzano made a motion to reconsider Item 16. T. Councillor Prague seconded the motion; and it was approved, unanimously.
T. Resolution Reappointing John Phillips (R) to the Inland Wetlands Agency/Conservation Commission
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.
Councillor Bazzano made a motion to Amend the ending term to December 1, 2013. Mayor Pelkey seconded the motion; and it was approved, unanimously.
V. Resolution Approving a Refund of Taxes to Fifty-One (51) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to fifty-one (51) South Windsor Taxpayers, the total of said refunds being $8,513.52 and as more fully described on attached Exhibit A.
Was made by Deputy Mayor Havens
Seconded by Councillor Delnicki
The motion was approved, unanimously
Councillor Hale made a motion to Suspend the Rules in order to go to Items 17. U., 17. V., and 18. A. Councillor Yagaloff seconded the motion; and it was approved, unanimously.
ITEM:
17. New Business
U. Resolution Reducing the Board of Education Budget for Fiscal Year 2009/2010
BE IT RESOLVED that the South Windsor Town Council hereby reduces the Board of Education budget for fiscal year 2009/2010 by $1,834,504., the amount funded through the federal ARRA program, with the understanding that in two years when the ARRA funding is no longer available, there will be a recognition that this reduction in the Board of Education budget was due to the temporary ARRA funding only, and that the Board of Education budget will need to be adjusted when the ARRA funding lapses.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
Councillor Yagaloff stated that there is federal ARRA funding that is replacing ECS funding. The ECS funding comes into the Town side, the ARRA funding is going directly to the Board of Education, and therefore a gap is being created in the Town budget. State statute allows the Town Council to open up the budgets and adjust them, and a number of town’s in Connecticut are doing jus that. The Board of Education voted to retain the funds and to use them for specific purposes. They voted to return the $1,834,504 to the town budget at the end of the year. They did not vote that this money would be held in an account and not be touched. While the Board of Education says they are going to return the money to the town budget in unencumbered funds that is dependent upon them having
$1,834,504 of unencumbered funds. The goal here is to reduce the budget by the amount of ARRA funding. The Finance Director requested that we add the following language:
BE IT FURTHER RESOLVED that the South Windsor Town council authorizes the transfer of $1,834,504 from the Board of Education Budget to the Town’s Contingency Account, to accomplish the reduction I the Board of Education’s 2009/2010 budget and isolate said funds for the remainder of the 2009/2010 fiscal year.
Councillor Yagaloff asked for an explanation why the Finance Director would be requesting this. Mr. Galligan stated that the Finance Director may be afraid of reducing the overall budget and that money from the federal government will still need to be accounted for. The Finance Director seems to be looking to keep the budget balanced. Mr. Galligan stated that you can go with the original resolution and he would discuss this issue with the Auditors and see what the appropriate resolution would be that they would recommend. The Finance Director may have talked to the Auditors and what was proposed is what may have been the recommendation from the Auditors, but Mr. Galligan stated he would look into that.
Councillor Prague requested that this item be tabled in order for the Town Council to write the Board of Education a letter with the language that the Council would like and ask the Board of Education to pass a different resolution.
Mayor Pelkey voiced his concerns that no one from the Board of Education is present to address this issue.
Councillor Hale felt that the resolution should be amended with the added language from the Finance Director. The Finance Director needs a Council resolution to transfer money from one department to another department.
Councillor McCann stated that he agrees with Councillor Yagaloff and feels the resolution should go forward.
Councillor Delnicki also agreed with Councillor Yagaloff and Councillor McCann’s statements, but feels going forward with this resolution could put a strain on the Board of Education and Town’s relationship as well as the Town Managers and Superintendents relationship.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously.
V. Resolution Authorizing Town Manager to Enter into a Tax Lien Conveyance and Assessment Agreement with 85 Nutmeg Road LLC
WHEREAS, the property located at 85 Nutmeg Road ahs been vacant for several years, is in a state of severe disrepair and is not generating tax revenue for the Town of South Windsor; and
WHEREAS, Jan Exman has offered to create and manage a legal entity known as 85 Nutmeg Road LLC to replace American Tax Funding and REOCO, LLC in a tax foreclosure action regarding the property; and
(Resolution Continued on Next Page)
ITEM:
17. V. (Continued)
WHEREAS, upon taking title to the property, Jan Exman, through 85 Nutmeg Road LLC, has agreed to begin remediation, redevelopment and marketing of the property in order to return it to the tax rolls of the Town of South Windsor as soon as possible
NOW, THEREFORE, BE IT RESOLVED that Town Manager, Matthew B. Galligan, is authorized to enter into a Tax Lien Conveyance and Assessment Agreement with 85 Nutmeg Road LLC, upon its creation, and to execute all other documents necessary to implement the terms of that Agreement
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
Mayor Pelkey stated that this property has been in default since November 1994 and also ceased operations in 1994. The Town Council would like this property into marketable condition and would like to move forward.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously.
18. Passage of Ordinance
A. Resolution Adopting a Proposed Ordinance, an “Ordinance Establishing an Anti-Idling Ordinance in the Town of South Windsor”, (Postponed from the November 16, 2009 Regular Meeting)
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.
Councillor Yagaloff stated that this ordinance will eliminate trucks from creating nuisance to residents and businesses by running for a long period of time. The Police Department will have discretion in issuing tickets.
Councillor McCann suggested that in the Section “Purpose of Article” the statement that reads “and contributes to global climate change” be eliminated. Councillor McCann also suggested that in item (e) the following statement be eliminated, “provided that such operation does not cause or contribute to a condition of air pollution” be eliminated. Councillor Yagaloff accepted these suggested changes as a friendly amendment.
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ITEM:
18. A. (Continued)
The changes will read as follows:
Sec. XX-XX Purpose of Article
The Town of South Windsor recognizes that idling of motor vehicles wastes fuel, and pollutes the air. These pollutants negatively affect our health. Motor vehicle exhaust gases aggravate asthma, allergies, and cardiovascular disease.
(e) Vehicles engaged in an operation for which the engine power is necessary for an associated power need other than movement and substitute alternate power means cannot be made available.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously.
Councillor Yagaloff made a motion to Suspend the Rules to go to Item 21 (Executive Session) on the agenda. Councillor Hale seconded the motion; and it was approved, unanimously.
21. Executive Session
At 10:45 p.m. Councillor McCann made a motion to go into Executive Session to discuss a personnel issue (SEIU/AFL-CIO Local 760 Contract), and discuss a possible tax abatement agreement (Nuway Tobacco). 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 (abstained from discusses regarding Nuway Tobacco), Councillor Delnicki, Councillor McCann, Councillor Favreau, Councillor Prague, Councillor Yagaloff, Councillor Bazzano, Craig Stevenson who is the Economic Development Consultant (only went in for the Nuway Tobacco).
At 11:20 p.m. the Executive Session and Regular Meeting adjourned.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
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