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Town Council Minutes 1/4/2010
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Action Minutes  Page 1  January 4, 2010


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., and then recessed it in order to finish the Work Session agenda.  The Regular Meeting reconvened at 8:29 p.m.

4.      Roll Call

Members Present:        Mayor John Pelkey
        Deputy Mayor Edward Havens
        Councillor Gary Bazzano
        Councillor Thomas Delnicki
        Councillor Janice Favreau
        Councillor Kevin McCann
        Councillor Cary Prague
        Councillor John Pelkey
Councillor Keith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

6.      Adoption of Minutes

        BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings:  Regular Meeting of December 21, 2009.

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

15.     Consent Agenda

        Motion to approve Agenda Items 16. C. through 16. T., and Items 17. A. and 17. B. as the Consent Agenda.

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


ITEM:

16.     Unfinished Business

* C.    Resolution Appointing Mario Marrero (D) an Alternate to the Planning and Zoning Commission

        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.

(APPROVED BY CONSENT AGENDA)

* D.    Resolution Reappointing David Patria (D) to the Building Code Board of Appeals

        Resolution reappointing David Patria (D) to the Building Code Board of Appeals for a term ending January 1, 2015.

(APPROVED BY CONSENT AGENDA)

* E.    Resolution Appointing Jean Klein (D) a Full Member to the Historic District Commission

        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.

(APPROVED BY CONSENT AGENDA)
        
* F.    Resolution Appointing Caroline Taylor (D) an Alternate to the Historic District Commission

        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.

(APPROVED BY CONSENT AGENDA)

ITEM:

16.     Unfinished Business (Continued)

* G.    Resolution Appointing Marion Burke (D) to the Housing Authority

        Resolution appointing Marion Burke (D) to the Housing Authority for a term ending November 30, 2014 to fill an expired term of Yvette Chabotte.

(APPROVED BY CONSENT AGENDA)

* H.    Resolution Appointing Rabbi Jeff Glickman (D) to the Human Relations Commission

        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.

(APPROVED BY CONSENT AGENDA)

* I.    Resolution Appointing Nilofer Haider (D) to the Human Relations Commission

        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.

(APPROVED BY CONSENT AGENDA)

* J.    Resolution Appointing Hugh Brower (D) a Full Member to the Inland Wetlands/Conservation Commission

        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.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business (Continued)

* K.    Resolution Appointing Anthony Duarte (D) an Alternate to the Inland Wetlands/Conservation Commission

        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.

(APPROVED BY CONSENT AGENDA)
        
* L.    Resolution Appointing Karen Wagner (D) to the Mass Transit and Highway Advisory Commission

        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.

(APPROVED BY CONSENT AGENDA)

* M.    Resolution Appointing Robert O’Connor (D) to the Park and Recreation Commission

        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.

(APPROVED BY CONSENT AGENDA)

* N.    Resolution Appointing Craig Zimmerman (D) an Alternate to the Park and Recreation Commission

        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.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business
        
* O.    Resolution Appointing Roger Anderson (D) to the Patriotic Commission

        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.

(APPROVED BY CONSENT AGENDA)

* P.    Resolution Appointing Edward O’Connell (D) to the Public Building Commission

        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.       

(APPROVED BY CONSENT AGENDA)

* Q.    Resolution Appointing Thomas Deming (D) a Full Member to the Water Pollution Control Authority

        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.  

(APPROVED BY CONSENT AGENDA)

* R.    Resolution Appointing Richard Aries (D) an Alternate to the Water Pollution Control Authority

        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.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business
        
* S.    Resolution Appointing William Vees (D) to the Water Pollution Control Authority

        Resolution appointing William Vees (D) to the Water Pollution Control Authority for a term ending November 30, 2013 to fill an unexpired vacancy.

(APPROVED BY CONSENT AGENDA)
        
* T.    Resolution Appointing James Kupchunos (D) to the Zoning Board of Appeals

        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.

(APPROVED BY CONSENT AGENDA)

Councillor McCann made a motion to raise Item 16. A. from the table.  Councillor Delnicki seconded the motion; and it was approved, unanimously.

 A.    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.

Councillor McCann made a motion to postpone consideration of this motion until the Town Council’s Regular Meeting of February 1, 2010.  Councillor Prague seconded the motion and it was approved, unanimously.

ITEM:

16.     Unfinished Business (Continued)
        
Councillor Prague made a motion to raise Item 16. B. from the table.  Councillor Delnicki seconded the motion; and it was approved, unanimously.

 B.    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 postpone consideration of this motion until the Town Council’s Regular Meeting of February 1, 2010.  Councillor Bazzano seconded the motion and it was approved, unanimously.

Councillor Hale made a motion to reconsider Item 16. C., Councillor Delnicki seconded the motion; and it was approved, unanimously.

C.      Resolution Appointing Mario Marrero (D) an Alternate to the Planning and Zoning Commission

        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.

Councillor Hale explained that the term on this appointment needs to be changed in order to be consistent with the charter.

Councillor Hale made a motion to change the term ending to November 30, 2013.  Councillor Yagaloff seconded the motion; and it was approved unanimously.

Councillor Prague made a motion to Suspend the Rules to go to Item 17. E.

ITEM:

17.     New Business

  • Resolution to Rescind a Previously Approved Motion from the December 21, 2009 Meeting to Reduce the Board of Education budget for Fiscal Year 2009/2010
WHEREAS, at the December 21, 2009 meeting the Town Council approved a resolution to reduce the Board of Education budget for fiscal year 2009/2010 by $1,834,504., the amount funded through the federal ARRA program; and

WHEREAS, it is the Town Council’s wish to rescind this previously approved resolution; and

WHEREAS, the Board of Education, through an approved resolution, agreed to return approximately $1.8 million in ARRA funding to the Town as received from the State Government

NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the Town of South Windsor and Board of Education to allow a previous agreement between the Town Manager of South Windsor and the Superintendent for the Board of Education to stand.

After a lengthy discussion regarding this Item, Councillor Hale made a motion to table this Item.  Councillor Yagaloff seconded the motion and it failed on a Roll Call vote of 3 to 6 with Councillors Hale, Favreau, and Yagaloff voting in favor of tabling this Item; and Mayor Pelkey, Deputy Mayor Havens, Councillors Delnicki, McCann, Bazzano and Prague voting in opposition to tabling this item.
Mayor Pelkey called for a vote on the Resolution; it failed on a Roll Call vote of 4 to 5 with Councillors Delnicki, Bazzano, Prague and McCann voting in favor of the Resolution and Mayor Pelkey, Deputy Mayor Havens, Councillors Yagaloff, Hale and Favreau all voting in opposition to this Resolution.

ITEM:

16.     Unfinished Business

  • Resolution Authorizing the Town Manager to Enter into a contract with the South Windsor Town Employees Bargaining Unit, SEIU/AFL-CIO Local 760
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into a contract between the Town of South Windsor and the South Windsor Town Employees Bargaining Unit, SEIU/AFL-CIO Local 760, said contract to be in effect from July 1, 2009 through June 30, 2013.

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

Councillor Hale stated that she would like to postpone Item 16. V. Discussion Item:  Tax Relief for Certain Homeowners Age 65 or Over or Permanently and Totally Disabled.  Councillor Prague also stated that he would like to postpone Item 16. W. Discussion item:  Vision Statement for the Town of South Windsor.

17.     New Business

C.      Resolution Approving the Creation of a “Search Committee” of the Town Council to Develop, Distribute, and Review Requests for Proposals for a Town Attorney

WHEREAS, the term of the current Town Attorney will end on March 20, 2010; and

WHEREAS, the South Windsor Town Council feels it is imperative that legal services and advice on municipal matters be available to Town staff, elected officials, and Board and Commission Members


(Resolution Continued on Next Page)


ITEM:

17.     C.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council approves the creation of a “Town Attorney Search Committee” whose Members consist of Mayor Pelkey, Councillor Favreau, Councillor McCann and Councillor Delnicki, and whose charge will be to develop, distribute, and review upon their return all “Requests for Proposals” submitted for the position of Town Attorney; and

BE IT FURTHER RESOLVED that, upon completion of this review, the South Windsor Town Council will choose and appoint, by Resolution, an attorney, or law firm, deemed most suitable by the Committee for the position of Town Attorney.

Was made by Deputy Mayor Havens
Seconded by Councillor Delnicki

Councillor Favreau made a friendly amendment on the last paragraph to read as follows:

BE IT FURTHER RESOLVED that, upon completion of this review, the South Windsor Town Council will choose and appoint, by Resolution, an attorney, or law firm, deemed most suitable by the Council for the position of Town Attorney.

Mayor Pelkey called for a vote on the Resolution; it was approved by a Roll Call vote of 7 to 0 with Councillor Hale and Councillor Yagaloff abstaining.

D.      Resolution Approving the Transfer of $5,200.00 from the Contingency Account to the Town Council’s Fees and Membership Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $5,200.00 from the Contingency Account to the Town Council’s Fees and Memberships Account to cover the membership fee for Metro Hartford Alliance.

Was made by Councillor Delnicki
Seconded by Mayor Pelkey

(Resolution Continued on Next Page)


ITEM:

17.     D.      (Continued)

Mr. Galligan stated that membership with Metro Hartford Alliance will allow the submittal of applications to receive grants for the Connecticut Studios project.

Mayor Pelkey called for a vote on this Resolution; it was approved, unanimously.

F.      Resolution Address the Expected Shortfall in Revenues for the 2010/2011 Budget
        
        WHEREAS, the Governor of the State of Connecticut has notified the State Legislature of projected budget shortfalls for fiscal years ending in 2010 and 2011, and is implementing substantial budget reductions for the State, and has called for additional major budget tightening for the next two fiscal years; and 

        WHEREAS, the Town of South Windsor receives a substantial portion of its revenues each year from the State of Connecticut, which may be lowered as a result of budget reductions by the State; and

        WHEREAS, the Town Manager of South Windsor has reported to Council an expectation of lower revenues from a variety of sources in the current fiscal year and for the next fiscal year; and

        WHEREAS, Council wishes to prepare in advance for anticipated lower revenues, and avoid budget deficits

        NOW, THEREFORE, BE IT RESOLVED that effective immediately upon passage of this resolution:

  • The Town of South Windsor shall institute a hiring freeze until further
notice.  No full time or part time positions, except positions which are funded by programmatic fees, shall be filled without further
        action of the Council.


(Resolution Continued on Next Page)




ITEM:

17.     F.      (Continued)

  • Neither the Manager nor any Department Head of the Town shall
        authorize overtime other than on a critical need basis until further action
        by Council.  To the extent possible, the Department shall adjust their
        shifts to provide necessary coverage without overtime.  The Manager
        shall direct the Department Heads to provide the Manager with periodic
        written reports of overtime which they deem to be a critical need.  The
        Manager shall make the determination of what is and what is not a critical
        need.  The Manager shall report monthly to Council with a statement of
        critical need overtime.

        3.      The Town of South Windsor shall cancel all out-of-state travel by Town
                personnel, including trips for seminars, training, “fact-finding”, marketing,
        etc. until further action by Council.  To the extent that previously planned out-of-state training is available at a substantial savings to the Town through the alternative means of video conferencing, teleconferencing, the internet, or similar means, Town personnel shall utilize such alternative means.

4.      No vehicles or equipment shall be ordered or purchased at a cost of more than $5,000 without prior notification to Council.

5.      The Manager shall take all reasonable steps to ensure that the total actual expenditures for fiscal year ending June 30, 2010 is below budgeted amounts

6.      This Resolution shall expire on June 30, 2010, unless extended by Council.

Councillor Hale made an Amendment as follows:

  • This Resolution shall expire on February 15, 2010, unless extended by Council.
6.      The Manager shall bring to Council for approval on February 15, 2010 a plan to take reasonable steps to ensure that the total actual expenditures for fiscal year ending June 30, 2010 is equal to or below the expected revenue and income for that year.

(Resolution Continued on Next Page)

ITEM:

17.     F.      (Continued)

Mayor Pelkey seconded the Amendment.

Councillor Delnicki suggested a friendly amendment to that Amendment that the date be changed to February 16, 2010 because that is when the Council has a Regular Meeting.  Councillor Hale and Mayor Pelkey both agreed with that change.  The Resolution to read as follows:

WHEREAS, the Governor of the State of Connecticut has notified the State Legislature of projected budget shortfalls for fiscal years ending in 2010 and 2011, and is implementing substantial budget reductions for the State, and has called for additional major budget tightening for the next two fiscal years; and 

        WHEREAS, the Town of South Windsor receives a substantial portion of its revenues each year from the State of Connecticut, which may be lowered as a result of budget reductions by the State; and

        WHEREAS, the Town Manager of South Windsor has reported to Council an expectation of lower revenues from a variety of sources in the current fiscal year and for the next fiscal year; and

        WHEREAS, Council wishes to prepare in advance for anticipated lower revenues, and avoid budget deficits

        NOW, THEREFORE, BE IT RESOLVED that effective immediately upon passage of this resolution:

        1.      The Town of South Windsor shall institute a hiring freeze until further
notice.  No full time or part time positions, except positions which are funded by programmatic fees, shall be filled without further
        action of the Council.





(Resolution Continued on Next Page)



ITEM:

17.     F.      (Continued)

2.      Neither the Manager nor any Department Head of the Town shall
        authorize overtime other than on a critical need basis until further action
        by Council.  To the extent possible, the Department shall adjust their
        shifts to provide necessary coverage without overtime.  The Manager
        shall direct the Department Heads to provide the Manager with periodic
        written reports of overtime which they deem to be a critical need.  The
        Manager shall make the determination of what is and what is not a critical
        need.  The Manager shall report monthly to Council with a statement of
        critical need overtime.

        3.      The Town of South Windsor shall cancel all out-of-state travel by Town
                personnel, including trips for seminars, training, “fact-finding”, marketing,
        etc. until further action by Council.  To the extent that previously planned out-of-state training is available at a substantial savings to the Town through the alternative means of video conferencing, teleconferencing, the internet, or similar means, Town personnel shall utilize such alternative means.

4.      No vehicles or equipment shall be ordered or purchased at a cost of more than $5,000 without prior notification to Council.

5.      This Resolution shall expire on February 16, 2010, unless extended by Council.

6.      The Manager shall bring to Council for approval on February 16, 2010 a plan to take reasonable steps to ensure that the total actual expenditures for fiscal year ending June 30, 2010 is equal to or below the expected revenue and income for that year.

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

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


ITEM:

17.     New Business (Continued)

G.      Resolution Authorizing the Transfer of $45,000.00 from the Contingency Account to the Volunteer Abatement Account and Approving the Payment of $45,000.00 from the Volunteer Abatement Account to the South Windsor Volunteer Fire Department Inc.

WHEREAS, the Town of South Windsor wishes to provide funds to the South Windsor Volunteer Fire Department Inc., in lieu of tax abatements, said funds to be distributed as deemed appropriate by the Town Manager and Fire Chief

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the transfer of $45,000.00 from the Contingency Account to the Volunteer Abatement Account; and

BE IT FURTHER RESOLVED the South Windsor Town Council authorizes the payment of $45,000.00 from the Volunteer Abatement Account to the South Windsor Volunteer Fire Department Inc. in lieu of tax abatements, said funds to be distributed as deemed appropriate by the Town Manager and Fire Chief.

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

H.      Resolution Approving a Refund of Taxes to Forty-Nine (49) South Windsor Taxpayers
        
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to forty-nine (49) South Windsor Taxpayers, the total of said refunds being $4,249.51.

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

ITEM:

22.     Adjournment

At 10:29 p.m. Councillor Delnicki made a motion to adjourn the Regular Meeting.  Councillor Bazzano seconded the motion; and it was approved, unanimously.



Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council