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Town Council Minutes 2/16/2010
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  February 16, 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.
4.      Roll Call

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

Also Present:           Matthew B. Galligan, Town Manager


5.      Public Input

        Mr. Tom Field came before the Town Council representing the South Windsor St. Patrick’s Day Parade Committee.  Mr. Field presented Joan Walsh as the South Windsor Town Honoree and Peter Anthony as the South Windsor Town Marshal.  Mr. Field invited the public and Town Council to a St. Patrick’s Day Reception dinner for Joan and Peter on Sunday, February 28, 2010 at 2:00 p.m. at Maneeley’s Banquet Facility on Rye Street.  The parade will be held on Saturday, March 13, 2010 at 11:00 a.m. from the State Capitol.  Anyone wishing to attend the dinner can call (860) 712-1704.

6.      Environmental Health & Safety Message

        Councillor Delnicki raised the issue of coyotes in the Town of South Windsor.  He stated he has received phone calls and emails regarding this issue.  One family on Pleasant Valley who lost their cat did a little investigative research.  They set up cameras in their yard and found that the coyotes are traveling in at least pairs.  The coyotes look well fed and are large.  The family would like to let residents know that they should not let their pets go outside unattended.



ITEM:

6.      Environmental Health & Safety Message (Continued)

Mayor Pelkey commented that because of the rapid development in town there are more wild animals closer to residential neighborhoods.  There has also been a larger population of feral cats.  Residents should remove any food source outside which means do not feed your pets outside and vegetable from gardens should be watched.  If residents have a shed, make sure there is no easy access into it.  Something that makes noise should be kept in your yard to deter wild animals from entering.  The Town will take necessary action if needed.  Residents need to call the Police Department if there are real or perceived threats that arise.  Mayor Pelkey stated that if there are enough individuals interested, a forum can be set up to discuss this issue with a professional from DEP.  Please email Mayor Pelkey at mayorsouthwindsor@gmail.com if you are interested and leave your name and street address.  

7.      Adoption of Minutes of Previous Meetings

        BE IT RESOLVED that the South Windsor Town Council hereby approves the Minutes of the following Town Council Meetings:  Work Sessions of January 4, 2010, and February 1, 2010; and Regular Meeting of February 1, 2010.

Was made by Councillor Bazzano
Seconded by Councillor Delnicki

Councillor Hale stated that she had made a few changes to the minutes of the Regular Meeting of February 1, 2010 and the changes have been implemented into the minutes.

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

8.      Public Petitions

None

9.      Communications from Officers and Boards Directly Responsible to Council

        None

ITEM:

10.     Communications and Reports from Town Manager

        Mr. Galligan discussed the following items:

South Windsor Walk & Wheel Ways

When the Engineering Department designs roads, they are designed with bicycle routes and sidewalks.  A lot of times the community will step up and say they do not want to widen the roads and have sidewalks.  When sidewalks are constructed, it is the responsibility of the property owner to maintain those sidewalks.  The Town Council may want to review the policy regarding sidewalks and decide if changes to the policy are necessary in order to promote South Windsor Walk & Wheel Ways.

Safe Routes to School

The Safe Routes Committee has indicated that there may be grant money available for this program.  In the next couple of weeks, public informational meetings will be held and then the submittal of a final application to the State of Connecticut will be done.

Mayor Pelkey informed the Council that in addition to the grant monies that the Committee has applied for there was a non-infrastructure program support for both Eli Terry and Orchard Hill.  Both schools received noticed that a program support was granted in the form of a bike rodeo.  Eli Terry will hold the bike rodeo on May 1, 2010 with a rain date of May 22, 2010 and Orchard Hill will hold their bike rodeo on May 8, 2010 with a rain date of May 15, 2010.  According to a schedule the Town Council received, the Safe Routes to School Committee will be coming to the Town Council for endorsement on March 15, 2010 and then going to the Board of Education on March 23, 2010 for their endorsement.  Mayor Pelkey felt that the Board of Education should review the plan before the Town Council.

        Possible Out of State Travel

        In Philadelphia on March 24 and 25, the Federal Economic Development Authority is having a seminar on how to properly file applications for the CEDS Program.  The Metro Hartford Alliance runs this program.  This is the program being used for the Connecticut Studios infrastructure.  The Town of South Windsor should participate in this seminar because it also gives points towards the application.

        
ITEM:

10.     Communications and Reports from Town Manager (Continued)

In March, the National League of Cities goes to Washington D.C. to lobby for various issues for their communities.  One of the issues that may be coming up very shortly is the submission of various grants under the next American Recovery Act Funds.  The Town will need to meet with various Federal Representatives to make sure that everyone is educated on those issues and to watch for those funds as they go through the Legislative process.  It would be prudent for the Town Manager to participate in some of those meetings.

        Answering questions from the Council, Mr. Galligan felt that it would be important for him to know whether he would be able to attend these seminars by the first week in March.  

Mayor Pelkey informed the Council that in other towns, the Town Council members are sent to certain seminars.  

        Councillor Hale stated that she feels that both of these trips are targeted and very likely to produce good results because the Town has a clear objective.  The Philadelphia conference will give the Town points towards the grant application.

11.     Reports from Standing Committees        

        Mayor Pelkey stated that there is a Town Attorney Search Committee that has been formed consisting of Councillor Favreau, Delnicki, McCann and himself.  There have been approximately ten applications received for the Town Attorney position.  There are two Councillors who have applied for this position, Councillor Hale and Councillor Yagaloff.  The Committee needs to meet soon.

        Mr. Galligan suggested that the Council make a decision on this item by the March 15, 2010 meeting.

        Deputy Mayor Havens reviewed what was discussed at the Audit Committee Meeting.  Mr. Galligan questioned the members of the Audit Committee if the Auditors are going to be kept?  Councillor Yagaloff stated that there was a small amount of discussion regarding this item.  The issue has not been resolved yet.

12.     Reports of Temporary Committees

        None


ITEM:

13.     Communications and Petitions from Council

        Deputy Mayor Havens stated that he feels Channel 16 should be utilized more and the same programs should not be rerun constantly.

        Answering questions from the Council, Mr. Galligan explained that the IT Department is responsible for deciding what gets rebroadcast.

        Councillor Hale informed the Council and Mr. Galligan that if someone is needed to go to Washington or Philadelphia she has accommodations in both locations and would be willing to go if necessary.

        Councillor Prague requested that the three Board of Education workshops held on February 2, 2010, February 4, 2010 and one that will be held on February 25, 2010 be broadcast on Channel 16.

14.     Public Participation

        State Representative Bill Aman came before the Town Council to update the Council on the 2010 Major Issues Report that will be addressed at the State Capitol.

        Answering questions from the Council Mr. Aman explained that during the combination of Probate Courts throughout Connecticut, some towns are keeping both locations running because of space needs.  There is no one solution for each town.  

        Mr. Don Gonsalves, 40 Bayberry Trail stated that there has been no discussion of any importance at this meeting.  The Town needs to discuss health care costs and Board of Education budget.

15.     Consent Agenda

        Motion to accept Agenda Items 16. A. and 17. A. through 17. F. as the Consent Agenda.

Was made by:  Councillors Prague and Hale
Seconded by:  Councillor Delnicki
The motion was:  approved, unanimously

ITEM:

16.     Unfinished Business

* A.    Resolution Appointing William Carroll, Jr. (R) an Alternate to the Planning & Zoning Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints William Carroll, Jr. (R) an Alternate to the Planning & Zoning Commission for a term ending November 11, 2013 to fill an expired vacancy.

(APPROVED BY CONSENT AGENDA)

17.     New Business

* A.    Resolution Accepting the Resignation of Mario Marrero (D) from the Inland Wetlands Agency/Conservation Commission

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

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Mario Marrero for the time he has dedicated to servicing his community by his membership on the Inland Wetlands Agency/Conservation Commission.

(APPROVED BY CONSENT AGENDA)

* B.    Resolution Appointing Frank Bonzani (D) 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 Frank Bonzani (D) an Alternate to the Planning & Zoning Commission for a term ending November 14, 2011 to fill an expired vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)




ITEM:

17.     New Business (Continued)

* C.    Resolution Appointing Anthony Duarte (D) to the Inland Wetlands Agency/Conservation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Schedule Meeting

BE IT RESOLVED that the South Windsor Town Council hereby appoints Anthony Duarte (D) to the Inland Wetlands Agency/Conservation Commission for a term ending December 1, 2011 to fill an unexpired term of Mario Marrero and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting. 

(APPROVED BY CONSENT AGENDA)

* D.    Resolution Appointing Kyle Zimmer (D) an Alternate 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 appoints Kyle Zimmer (D) an Alternate to the Inland Wetlands Agency/Conservation Commission for a term ending December 1, 2012 to fill an unexpired term of Anthony Duarte and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

* E.    Resolution Appointing Karen Patterson (D) an Alternate 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 appoints Karen Patterson (D) an Alternate to the Zoning Board of Appeals for a term ending November 30, 2011 to fill an unexpired vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)




ITEM:

17.     New Business (Continued)

* F.    Resolution Appointing Stephen Lewis (D) an Alternate 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 appoints Stephen Lewis (D) an Alternate to the Zoning Board of Appeals for a term ending November 30, 2013 to fill an expired term of Kevin Ricker and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(APPROVED BY CONSENT AGENDA)

  • Resolution Amending a Previously Approved Resolution Regarding Setting Monday, March 1, 2010 for a Work Session to Receive Town Councillors’ Input on a Proposed Amendment to the Health and Sanitation Ordinance, Chapter 50, adding Article V, Article VI and Article VII, Sections 50-90 through 50-150
WHEREAS, at the February 1, 2010 Town Council meeting a resolution was approved setting Monday, March 1, 2010, in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor Connecticut as the time and place for a Work Session to receive Town Councillors’ input on a proposed Amendment to Chapter 50 – Health and Sanitation, adding Article V, Article VI, and Article VII, Sections 50-90 through 50-150 of the Code of Ordinances

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby amends the date to be determined by the Town Council at a later time.

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

ITEM:

17.     New Business (Continued)

H.      Resolution Authorizing the Town Manager, Matthew B. Galligan to Issue a Request for Proposal (“RFP”) for the Collection and Disposal of Hazardous Waste and to Actively Seek Other Alternate Proposals

WHEREAS, on October 31, 2009 the Town of South Windsor participated in the annual MDC hazardous waste collection program in partnership with the Town’s of Windsor Locks and East Granby and over 150 South Windsor town residents took advantage of the program by dropping off various hazardous waste items for proper disposal; and

WHEREAS, this Town Council wishes to continue to encourage town residents to be good stewards of the environment and to provide a legal and safe means for our citizens to safely and properly dispose of their hazardous waste items; and

WHEREAS, by partnering with other towns we were able to substantially lower the cost to run this program and this year wish to explore an expansion of that cost sharing concept and also other alternatives including public and/or private options

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to issue a RFP that will allow various alternatives both public and/or private or any variation thereof; and

BE IT FURTHER RESOLVED that the Town Council hereby authorizes and encourages Town Manager, Matthew B. Galligan or a staff member designated by him, to actively contact and negotiate with other area towns in order to establish a lower cost regional approach for this activity; and

BE IT FURTHER RESOLVED that any outcomes of these actions will be presented to the Town Council for approval before a final agreement is signed.

Was made by Councillor Favreau
Seconded by Councillor Bazzano

(Resolution Continued on Next Page)
ITEM:

17.     H.      (Continued)

Councillor Favreau stated that this resolution helps the Town Council save money and gives the residents the services they are used to.

Councillor Delnicki stated that he works for MDC and would be abstaining from this resolution.

Mayor Pelkey called for a vote on this motion; it was approved on a Roll Call vote of 8 to 0 with Councillor Delnicki abstaining.

I.      Resolution Addressing the Expected Shortfall in Revenues for 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:

1.      The Town of South Windsor shall continue 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.     I.      (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 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 April 5, 2010, unless extended by Council.

6.      The Manager shall report to Council on or before March 29, 2010 on the effectiveness of the expense reduction measures which he has instituted to result in the total actual expenditures for fiscal year ending June 30, 2010 being equal to or below the expected revenue and income for that year.   

Was made by Councillor McCann
Seconded by Councillor Delnicki


(Resolution Continued on Next Page)
ITEM:

17.     I.      (Continued)

Councillor McCann stated that the Town Council has received the Town Manager’s proposal for some adjustments to the budget and for some expense savings which he intends to implement during the remainder of this fiscal year.  Until the Town Council see’s the actual reductions in expenditures that can be achieved through the implementation of the plan presented to Council by the Town Manager, it makes sense to continue the budgetary restrictions until April 5, 2010.

Councillor Yagaloff also felt that an extension would be warranted.  These measures have not negatively impacted the Town in any way and with these measures in place there should be a cost savings to benefit the Town.  Councillor Yagaloff stated that he feels the Council would have to vote on an override of any of these measures and if there is going to be a need for an exception for the travel that was discussed for the Town Manager; a resolution should be brought before the Council for action.

Councillor Hale requested the Town Manager to explain how the Town is doing with Tax Collections this year compared to other years.  

Mr. Galligan explained that in the year 2000 the Town collected 98.3%.  In 2007 the Town collected 99%, and in 2008 the Town collected 98.9%.  The Town has been running in an average of 98.5% to 98.8%.  Mr. Galligan stated that his professional feeling is that the Town Council should be more concerned about the collection rate for the next two years.  As of January, the Town has collected 92% for this year and feels there should not be any concerns because he feels the Town can collect the 6% before the end of this fiscal year.  Mr. Galligan then stated that he is concerned about the revenues with the Town Clerk fees and Building fees.  There is a list of items that Department Heads have been asked to cut.  This plan has been implemented at the last staff meeting.  Mr. Galligan explained that he went through the financial statements and figured out for the last five years what has been the normal give back and expenditures and applied cuts on a fair and consistent manner and the departments have said they will be able to meet these challenges and these goals.  Mr. Galligan then stated it is his feeling that the Mayor should write a letter to the Board of Education requesting them to review their budget and find ways to cut expenses.

(Resolution Continued on Next Page)
ITEM:

17.     I.      (Continued)

Answering questions from the Council, Mr. Galligan explained that the $60,000 reduction in the Police Department budget is due to two positions not being filled.  Mr. Galligan then stated that he feels both the resolution tonight and the plan presented to the Council can be implemented without any conflicts.

Mayor Pelkey suggested an Amendment to the Resolution.  Councillor Havens seconded the Amendment.

The Amendment to read as follows:

BE IT FURTHER RESOLVED that the Town Council hereby authorizes Town Manager, Matthew B. Galligan to attend the conference in Philadelphia on March 24 and 25 and the conference in March for the National League of Cities in Washington, D.C.

Answering further questions from the Council, Mr. Galligan stated that the cost to attend these conferences will be some where around $1,000.00 and he feels that both conferences are very important to attend.

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

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

18.     Passage of Ordinance

A.      Resolution Adopting an Amendment to Ordinance #165 and #166 of the Code of Ordinances, Section 14-31 Concerning Building Code – Construction and Alteration Fees.

BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Ordinances #165 and #166 of the Code of Ordinances, “Section 14-31 Concerning Building Code – Construction and Alteration Fees”, said Ordinance more fully described in attached Exhibit A., a copy of which is on file in the Office of the Town Clerk.

(Resolution Continued on Next Page)
ITEM:

18.     A.      (Continued)

Was made by Councillor Delnicki
Seconded by Councillor Yagaloff

Councillor Yagaloff stated that he feels the ordinance is reasonable and he would support this ordinance.

Councillor Hale said that these fees are in line with other towns and she also would support this ordinance.

Councillor Prague referred to a letter written by the Building Official stating that due to economic times these increases should not be supported.  Councillor Prague also feels that the Town should not discourage any type of building at this time and would not support this ordinance.

Answering questions from the Council, Mr. Summers explained that the fine under “Working without Permit” was taken out per the Building Officials request.

Deputy Mayor Havens stated that he has mixed feelings, but feels there are a lot of businesses that are struggling at this time and stated he would not support this ordinance at this time.

Councillor McCann agreed with Deputy Mayor Havens and feels it is the wrong time to collect additional fees.

Mayor Pelkey called for a vote on this Ordinance.  It failed on a Roll Call vote of 4 to 5 with Mayor Pelkey, Councillor Hale, Councillor Favreau, and Councillor Yagaloff voting in favor of approval and Deputy Mayor Havens, Councillor Delnicki, Councillor Bazzano, Councillor Prague and Councillor McCann voting in opposition of approval.

B.      Resolution Adopting a Proposed Ordinance, an “Ordinance Establishing a Film Production Ordinance”.

BE IT RESOLVED that the South Windsor Town Council hereby adopts a proposed Ordinance, an “Ordinance Establishing a Film Production Ordinance”, said Ordinance more fully described in attached Exhibit B., a copy of which is on file in the Office of the Town Clerk.

(Resolution Continued on Next Page)

ITEM:

18.     B.      (Continued)

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

C.      Resolution Adopting an Amendment to Sections 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission

        BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Section 2-200 through 2-220 of the South Windsor Code of Ordinances regarding ”Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission”, 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 Bazzano
Seconded by Councillor Delnicki

Councillor Yagaloff made a motion to table this item because he felt more discussion is necessary before any decisions have been made on this item.  Mayor Pelkey seconded the motion to table; and it was approved, unanimously.

D.      Resolution Adopting an Amendment to Sections 14-2 through 14-30 of the South Windsor Code of Ordinances regarding “Fire Marshal Permit Fees

BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Sections 14-2 through 14-30 of the South Windsor Code of Ordinances regarding “Fire Marshal Permit Fees”, said Ordinance more fully described in attached Exhibit D., a copy of which is on file in the Office of the Town Clerk.

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

ITEM:

19.     Communications and Petitions from Council (Continued)

        None

20.     Communications and Reports from Town Manager (Continued)

        None

21.     Executive Session

None

22.     Adjournment

At 10:35 p.m. Councillor Delnicki made a motion to adjourn the Regular Meeting.  Councillor Hale seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council