TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 7, 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 8:03 p.m. and then recessed the Regular Meeting in order to finish the Work Session. The Regular Meeting reconvened at 8:07 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
Ms. Carol Corcoran, 74 Lawrence Road came before the Town Council and voiced her concern regarding the road work that is being done on Lawrence Road which will eliminate trees in her yard and will bring the roadway five feet closer to her house.
6. Environmental Health & Safety Message
None
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 Session of May 3, 2010; Regular Meeting of May 3, 2010; Public Hearings of April 26, 2010 (2) and May 3, 2010; and Special Meeting of May 10, 2010.
ITEM:
7. Adoption of Minutes of Previous Meetings (Continued)
Was made by Deputy Mayor Havens
Seconded by Councillor Hale
The motion was approved, unanimously
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
Mr. Ray Favreau, Director of Recreation came before the Town Council to review an Ordinance establishing a Tobacco Free Zone at all Public Parks, including Athletic and Recreational Facilities. This Ordinance was reviewed by the Police Department and the Town Attorney.
Answering questions from Councillor McCann, Mr. Favreau explained that there are other towns that have set aside a small area for tobacco use. Mr. Favreau then explained that it was his feeling that it is easier to ban the whole park or athletic field altogether to make it consistent and stricter. Mr. Favreau stated that he would have the ordinance put on the town website.
10. Communications and Reports from Town Manager
Town Manager Galligan reported on the following items:
- The Town of South Windsor has received two grants, one is for $10,000 for the Police and Youth Program and the second one is for a grant that the Town received in the amount of $15,000 for the inventory of historic buildings. One thousand dollars of that grant has been spent when the contract ran out so a new contract in the amount of $14,000 has been drafted for the Town Council to review and approve.
- Requested the Town Attorney to review the Citizens Participation Plan as well as the Fair Housing Plan. As soon as any information is received it will be forwarded to the Town Council.
- Gerber is downsizing and moving their operations to Tolland. The property is in a great location and town staff will be working closely with Gerber to see how the Town can help in the process of getting another business on that property.
ITEM:
10. Communications and Reports from Town Manager (Continued)
- Health Care and Shared Services meetings have been scheduled.
- The application grant for the Community Block Grant has been hand delivered. This is a very competitive grant and the Town Council will get further information on this item as soon as the Town staff hears anything.
- The Town Attorney is working to draft a contract for the Nelson Property. The Town does not want the house and it is being discussed whether the barn should go with the house.
Councillor Hale informed the Town Council that the Open Space Task Force has a preference of keeping the barn with the land if you can negotiate that but if it needs to go with the house they would like you to transfer the minimum amount of land around the barn with the house.
Mr. Galligan stated he would like the Planning & Zoning Commission to draw appropriate lot lines to make sure that the Town meets all minimum zoning requirements.
Mayor Pelkey stated he would like to meet with the Town Manager and staff to discuss the Lawrence Road project. It sounds like a lot of trees are being taken down and the neighborhood is being disrupted. Mr. Galligan felt that the Mayor should take a ride with himself and staff in order to view the project and staff should come to a work session to discuss this item with the Town Council.
Town Council members discussed the closing of the Gerber plant. Answering questions from Councillor McCann, Mr. Galligan explained that the Town will be trying to have discussions with Gerber to determine why Tolland is a better choice for them or if there is something that the Town could have done or could be done to help. One of the reasons the Town Council talked about the Town Development Act is the perfect incentive tool to keep people like Gerber and those types of businesses in town because it gives the ability to do some very creative things that might have been able to keep them here. The Town would also like to discuss what Gerber plans to do with the building at this time.
Mr. Galligan stated that he would get a breakdown of how much taxes coming from Gerber are for the building and how much are for the equipment. Councilor McCann voiced his concern that the amount of taxes from the equipment is likely to create a hole in the budget. The taxes from the building are going to continue
ITEM:
10. Communications and Reports from Town Manager (Continued)
and will not affect the Town. Councillor Delnicki questioned if the tax decrease in equipment would impact the 2010/2011 budget or the following budget? Mr. Galligan stated he would get a legal opinion regarding that.
Councillor Delnicki felt that a letter should be sent to Gerber expressing our concern and asking why they are leaving. This would help the Town Council learn from this situation. Mayor Pelkey stated that by consensus of this Council he would like to send a letter giving the Manager instructions to try to negotiate with Gerber or any other business in Town that may have an issue or problem. The Act Program was mentioned which should be reviewed and discussed by Town Council and also explained to the public. Mr. Galligan felt that Robinson & Cole, Sandy Dawson, would be the best person to discuss this item with the Town Council.
Mr. Galligan then stated that it would be in the Town’s best interest to discuss incentives for business that upgrade their buildings because that is one of the Town’s biggest problems. Individuals coming in to Town would rather buy land and build the type of building they need then to upgrade existing buildings because it gets too costly.
Council members then discussed the closing of Highland Park Market. Mr. Galligan stated that he would be meeting with the developers to discuss this situation.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Councillor McCann requested that the listing of South Windsor residents who have served, or are currently serving, in either “Operation Iraqi Freedom,” or “Operation Nobel Eagle” or area serving in the military in support of our country be read at least once per month.
ITEM:
14. Public Participation
Mr. Don Gonsalves, 40 Bayberry Trail stated that he is upset the way the Board of Education is handling their surplus to pre-fund items for next years budget and would like the Town Council to review this item to make sure it is something that can be done. Mr. Gonsalves then stated that he feels any capital project items that are on the agenda tonight should not be acted on until the Town Council has determined the definition of capital.
Ms. Linda Riley, 215 Lawrence Road came before the Town Council. She stated that she does not understand why the road is being straightened, but would like the road to be completed.
Answering questions from Ms. Riley, Councillor Hale explained that it was her understanding that sidewalks would be established from Dart Hill Road to Vincent Circle. Ms. Riley did not understand why sidewalks are only proposed to be constructed there but stated that she would rather see the trees get cut down and get the road complete.
15. Consent Agenda
Motion to approve Agenda Item 16. B., as the Consent Agenda and remove Items 17. A. and 17. B.
Was made by Councillor Yagaloff
Seconded by Councillor Bazzano
The motion was approved, unanimously
16. Unfinished Business
B. Resolution Appointing Betty Kuehnel (D) to the Personnel Board of Appeals
BE IT RESOLVED that the South Windsor Town Council hereby appoints Betty Kuehnel (D) to the Personnel Board of Appeals for a term ending November 30, 2012 to fill an unexpired term of Nancy Simonds.
APPROVED BY CONSENT AGENDA
ITEM:
16. Unfinished Business (Continued)
A. Resolution Appointing a Rate Maker for Fiscal Year 2010/2011
BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal Year 2010/2011.
Was made by Councillor McCann
Seconded by Councillor Bazzano
The motion was approved, unanimously.
C. Resolution Authorizing the Funding of the Capital Projects Road Resurfacing Program for the 2010/2011 Fiscal Year (to be withdrawn)
WHEREAS, the South Windsor Town Council wishes to fund the Road Resurfacing Program in the 2010/2011 fiscal year; and
WHEREAS, on November 7, 2006, the residents of South Windsor approved the issuance of $10,000,000 in general obligation bonds to fund road and drainage improvements; and
WHEREAS, to date, the Town has issued $6,300,000 in general obligation bonds for the Road and Drainage Improvement Project; and
WHEREAS, the Town has not spent the full $6,300,000
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, the Finance Department has identified remaining unexpended balances for several completed capital projects
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the use of $________________ of the previously approved $6,300,000 of general obligation bonds to fund the Road Resurfacing Program in the 2010/2011 fiscal year; and
(Resolution Continued on Next Page)
ITEM:
16. C. (Continued)
BE IT FURTHER RESOLVED that the Capital Projects List be amended to reflect these changes.
Councillor Hale withdrew this resolution explaining that she has submitted a different resolution which is under New Business.
17. New Business
- Resolution Accepting the Resignation of Brian Salerno (D) from the Board of Education
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Brian Salerno (D), said resignation to be effective June 11, 2010; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Brian Salerno for the time he has dedicated to serving his community by his membership on the Board of Education.
Was made by Councillor Yagaloff
Seconded by Councillor Hale
The motion was approved, unanimously.
- Resolution Appointing Craig Zimmerman (D) to the Board of Education 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 Craig Zimmerman (D) to the Board of Education for a term ending November 7, 2011 to fill an unexpired term of Brian Salerno and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councillor Yagaloff
Seconded by Councillor Delnicki
The motion was approved, unanimously.
ITEM:
17. New Business (Continued)
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Establishment of a proposed Ordinance, an Ordinance “Establishing a Tobacco Free Zone at all Public Parks, including Athletic and Recreational Facilities”
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, June 21, 2010, at 7:05 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place of r a Public hearing to receive citizen input on the establishment of a proposed Ordinance, an Ordinance “Establishing a Tobacco Free Zone at all Public Parks, including Athletic and Recreational Facilities” more fully described in attached Exhibit A., a copy of which is on file in the Office of the Town Clerk.
Was made by Councillor Bazzano
Seconded by Councillor Prague
Councillor Bazzano thanked the Park and Recreation Commission for the work they did in establishing this Ordinance.
Councillor McCann stated that although he does not want to speak in favor of tobacco use, people still have the right to use tobacco products. Councillor McCann suggested that an area be designated where people who use tobacco products could still do so and have it away from others who do not want to be near tobacco products.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
D. Resolution Authorizing Town Manager Matthew B. Galligan to Enter into an Agreement with the State of Connecticut, Office of Policy and Management
WHEREAS, the State of Connecticut Office of Policy and Management has awarded the Town of South Windsor a Police and Youth Program Grant in the amount of $10,000
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to enter into an agreement with the State of Connecticut, Office of Policy and Management and to sign and execute any necessary documents on behalf of the Town of South Windsor.
Was made by Councillor McCann
Seconded by Councillor Delnicki
The motion was approved, unanimously.
E. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Appropriation of Funds from Various Capital Improvement Projects
BE IT RESOLVED that the South Windsor Town Council hereby sets Public hearings in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut to receive citizen input on the appropriation of funds from various Capital Improvement Projects as follows:
- Monday, June 21, 2010 at 7:15 p.m. for the Board of Education computer Improvement Program in the amount of $399,105;
- Monday, June 21, 2010 at 7:25 p.m. for Town of South Windsor Computer Improvement Program in the amount of $167,000;
- Monday, June 21, 2010 at 7:35 p.m. for the Town GIS in the amount of $100,000;
- Tuesday, July 6, 2010 at 7:15 p.m. for Replacement Stage Curtains at South Windsor High School and Timothy Edwards Middle School in the amount o f$54,000;
- Tuesday, July 6, 2010 at 7:25 p.m. for Eli Terry Gym Floor Replacement in the amount of $39,500;
- Tuesday, July 6, 2010 at 7:35 p.m. for Paint Ellsworth School Exterior in the amount of $56,000;
- Tuesday, July 6, 2010 at 7:45 p.m. for Energy Management Library in the amount of $100,000; and
- Monday, July 19, 2010 at 7:15 p.m. for Recreation Projects in the amount of $175,000
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
Was made by Mayor Pelkey
Seconded by Deputy Mayor Havens
Mayor Pelkey explained that there are a multitude of public hearing that are being set because there are various projects in Capital Non-Recurring that some Councillors felt they did not have enough information regarding. During the public hearing process a presentation will be held which will inform the public and the Town Council regarding the project and then questions can also be answered.
Council members discussed the Board of Education surplus and the amount the Board of Education has reported in their surplus.
Councillor Delnicki requested that a list be provided to the Council that shows how the funds are being spent.
Mayor Pelkey called for a vote on the Resolution, it passed on a Roll Call vote of 7 to 2 with Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, and Councillor McCann voting in favor of approval; and Councillor Prague and Councllor Yagaloff voting in opposition to approval.
Mayor Pelkey made a motion to Suspend the Rules to take Item 17. K. out of order. Councillor Hale seconded the motion and it passed on a Roll Call vote of 6 to 3 with Mayor Pelkey, Deputy Mayor Havens, Councillor Delnicki, Councillor Favreau, Councillor Hale and Councillor Yagaloff voting in favor of suspending the rules; and Councillor Bazzano, Councillor McCann and Councillor Prague voting in opposition to suspending the rules.
- Resolution Authorizing the Additional Funding of the Road resurfacing Program for the 2009/2010 Fiscal Year
WHEREAS, the Town’s Pavement Management Report recommends a funding level of $3.5 million dollars per year to maintain the roads in there current condition; and
(Resolution Continued on Next Page)
ITEM:
17. K. (Continued)
WHEREAS, the original budget for the 2009/2010 fiscal year funded the Road Resurfacing Program at $0, and the funding for this program was increased to only $114,966; and
WHEREAS, the South Windsor Town Council wishes to provide additional funds for the Road Resurfacing program in the 2009/2010 fiscal year; and
WHEREAS, the Town Council desires that the Road Resurfacing work be instituted as soon as possible; and
WHEREAS, on November 7, 2006, the residents of South Windsor approved the issuance of $10,000,000 in general obligation bonds to fund road and drainage improvements; and
WHEREAS, to date, the Town has issued $6,300,000 in general obligation bonds for the Road and Drainage Improvement Project, which includes a balance of $1,124,000 for the Lawrence Road project which is unspent as of this date; and
WHEREAS, the Town intends to issue additional general obligation bonds in August 2010
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the use of $1,000,000 of he previously issued $6,300,000 of general obligation bonds to fund the Road Resurfacing Program in the 2009/2010 fiscal year; and
BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the delay of the Lawrence Road project until the Town issues additional general obligation bonds.
Was made by Councillor Hale
Seconded by Deputy Mayor Havens
(Resolution Continued on Next Page)
ITEM:
17. K. (Continued)
Councillor Hale explained that this resolution, if approved, will allow the Public Works Department to do as much as possible in road resurfacing. If it does not pass the Town will not be able to use funds until after July 1st and it will delay projects until after spring. This resolution will allow the funds from Lawrence Road to be used for road resurfacing, but would not delay the Lawrence Road project because bonds will be issued in July which can be used for the Lawrence Road project and this project has not gone out to bid yet.
Councillor Bazzano stated he would not be supporting this resolution and feels that the voters of South Windsor voted on a referendum which would allow funds to be used for larger scale projects not routine maintenance.
Answering questions from Councillor Yagaloff, Mr. Gantick stated that a little over $600,000 would be necessary to get the Town through to early fall. Councillor Yagaloff then stated that he would support something smaller than $1 million dollars because then the Lawrence Road project may not have to be delayed.
Councillor Havens felt that roads need to be repaired and replaced and this resolution would begin the process for that.
Councillor McCann stated he is concerned with how the money is being spent. The Town does need to repair roads yearly, but resurfacing should have been put into the budget. Referendum money should not be used for routine maintenance.
Councillor Prague stated that the Town should not be using bonded money to resurface the roads.
Councillor Delnicki felt that Lawrence Road should not be postponed and stated he would not support this resolution.
Councillor Favreau stated that Lawrence Road is not routine maintenance and felt there is an opportunity here to get projects done.
(Resolution Continued on Next Page)
ITEM:
17. K. (Continued)
Mayor Pelkey stated that this resolution should be approved. Lawrence Road should be reviewed more closely to see if there could be some cost savings if bend was not taken out of the road.
Ms. Linda Riley, 215 Lawrence Road came before the Town Council and stated that it does not make good business sense to use bonded money for routine maintenance.
Mayor Pelkey called for a vote on this Resolution; it failed on a Roll Call vote of 4 to 5 with Mayor Pelkey, Deputy Mayor Havens, Councillor Favreau and Councillor Hale voting in favor; and Councillor Bazzano, Councillor Delnicki, Councillor McCann, Councillor Prague and Councillor Yagaloff voting in opposition
- Resolution Authorizing the Town Manager to Enter into a Contract with the Connecticut Commission on Culture and Tourism for a $14,000 Grant-in-Aid
WHEREAS, at the Regular Meeting of April 7, 2008 the South Windsor Town Council authorized Town Manager Matthew B. Galligan to enter into a contract between the State Historic Preservation Office of the Connecticut Commission on Culture and Tourism and the Town of South Windsor for a $15,000 Historic preservation Grant-in-Aid to the South Windsor Historic District Commission; and
WHEREAS, since that time the contract has ended using only $1,000 of the grant and a new contract has been drafted in the amount of $14,000
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to enter into a contract between the State Historic Preservation Office of the Connecticut Commission on Culture and tourism and the Town of South Windsor for a $14,000 Historic Preservation Grant-in-Aide to the South Windsor Historic District Commission; and
BE IT FURTHER RESOLVED that said $14,000 Grant is awarded to assist the Commission in conducting the second phase of its historic and architectural resource inventory of the buildings located in town.
(Resolution Continued on Next Page)
ITEM:
17. F. (Continued)
Was made by Councillor Delnicki
Seconded by Councillor Bazzano
Answering questions from the Council, Mr. Galligan explained that there are outstanding invoices that can not be paid because the contract ran out. As soon as the new contract is approved and signed those invoices will be paid.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously
- Resolution Accepting a Street within the Emerald Green Estate Subdivision
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for a street within the following Subdivision
Emerald Green Estate Subdivision
Church Way - 670 linear feet
Was made by Deputy Mayor Havens
Seconded by Councillor McCann
The motion was approved, unanimously.
H. Resolution Accepting Suspense List
BE IT RESOLVED that the South Windsor Town Council accepts the Suspense List as proposed and submitted by the Collector of Revenue, said List shown as Exhibit B and attached hereto and made a part hereof.
Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously.
ITEM:
17. New Business (Continued)
I. Resolution Setting a Time and Place for a Public hearing to Receive Citizen Input on the Appropriation of Approximately $267,000 of LoCIP funds for Miscellaneous Town Projects
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, June 21, 2010, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public hearing to receive citizen input on the appropriation of approximately $267,000 of LoCIP funding for miscellaneous Town projects.
Was made by Mayor Pelkey
Seconded by Councillor Favreau
Mayor Pelkey explained that there are various Town projects that have been identified that could use this funding.
Mayor Pelkey called for a vote on this Resolution; it was approved, unanimously.
J. Resolution Approving the Transfer of $10,000 from the Contingency Account to the Citizen’s Matching Mini-Grant Program
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $10,000 from the Contingency account to the Citizen’s Matching Mini-Grant Program to provide funds for small-scale public projects, in accordance with the Town’s established program.
Was made by Councillor Favreau
Seconded by Councillor Delnicki
The motion was approved, unanimously.
Mayor Pelkey called for a vote to extend the meeting past 11:00 p.m. Councillor Bazzano seconded the motion. The motion failed and the meeting ended.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
Attachments: Exhibit A & B
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