TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 July 6, 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.
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: Scott Roberts, Acting Town Manager
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came forward and voiced concern and frustration regarding receiving an emergency call for trash pickup from the Town today. The Town Council should issue guidelines of when this system should be used to inform residents of certain things. Mr. Gonsalves then stated that the Town Council should be concentrating on building the fund balance and not spending on unnecessary items.
6. Environmental Health & Safety Message
Councllor Hale requested to residents to unplug items that use electricity when they are not in use.
Councillor Delnicki informed residents to stay hydrated during the heat wave. Seniors should be using air conditioners and should stay hydrated. The Community Center will be open for people who need air conditioning and if necessary the hours will be extended.
ITEM:
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 April 19, 2010 and June 21, 2010; Public hearings (5) of June 21, 2010; and Regular Meetings of April 19, 2010 and June 21, 2010.
Was made by Councillor McCann
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. Scott Roberts, Acting Town Manager explained to the Town Council that the emergency notification system was used today after learning there were approximately 500 to 1,000 individuals that did not have their trash picked up. The message was delivered in hopes of having residents learn that the trash pick up was on regular schedule. The Town Hall received a lot of calls today regarding the use of “emergency” during the call and the number of calls individuals received. Mr. Roberts agreed that the word “emergency” should not have been used and will use this as a tool for the future. The number of calls individuals receive depend on the amount of addresses and the different ways an individual has registered.
Councillor Hale informed the Council that Mr. Roberts would be looking into a solution if an individual is on the phone and they have call waiting when a message comes in.
Answering questions from the Council, Mr. Roberts explained that the Town will find a way to change the message to say this is an “informative call” and not use “emergency”.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Deputy Mayor Havens felt it was a misuse of the system. If the system is used in this manner residents will begin to ignore the messages that come in from the Town.
Councillor Delnicki agreed with Councillor Havens and felt the Town should be cautious of how the system is used. There should be forethought prior to a message being released to the public.
Councillor McCann thanked Public Works and the Engineering Department for making minor modifications to the plan on Lawrence Road after discussions were held with residents. Mayor Pelkey stated that employees took hold of this problem and made minor modification to accommodate residents.
Answering questions from the Council, Mr. Gantick, Director of Public Works stated that the Town has worked with South Windsor Walk & Wheel Ways on the Lawrence Road project. There will be enough space for people to bike on the side of the road.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Mayor Pelkey informed the Council and public that the summer concert series will begin. The concerts will be held every Thursday night at Evergreen Walk. South Windsor Walk & Wheel Ways will be holding a community bike ride at 6:00 p.m. prior to the concert around Evergreen Walk for anyone who is interested. Participants will be given a raffle ticket and at the last concert series will have the ability to win a new bike from L.L. Bean.
14. Public Participation
None
ITEM:
15. Consent Agenda
None
16. Unfinished Business
None
17. New Business
A. Resolution Approving the Transfer of $399,105 from the Capital and Non-Recurring Expenditure Account to the Board of Education Capital Project Account
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:15 p.m. on June 21, 2010, hereby approves the transfer of $399,105 from the Capital and Non-Recurring Expenditure Account to the Board of Education Capital Project Account to cover the cost of a Computer Improvement Program.
Was made by Councillor Favreau
Seconded by Councillor Prague
Councillor Favreau stated that she is in support of this resolution and explained that this resolution is not a new allocation of dollars but rather an allocation that has already been put into the current budget. It is very important for our children who are competing in an increasingly technologic world that they have the tools that they need in order to learn.
Councillor McCann felt that the Town Council should show some cooperation with the Board of Education and support this resolution.
Councillor Yagaloff stated that the Board of Education stated they would not spend the surplus from the previous budget and return it to the general fund. Councillor Yagaloff offered an amendment to the Resolution to read as follows:
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:15 p.m. on June 21, 2010 and having received assurances from the Board of Education that this years school surplus would be returned to the Towns General Fund, hereby approves the transfer of $399,105 from the Capital and Non-Recurring Expenditure Account to the Board of Education Capital Project Account to cover the cost of a Computer Improvement Program.
Mayor Pelkey seconded the Amendment.
Councillor Yagaloff explained that the concept is to have the Board of Education and Town Council have the ability to track policy decisions.
Mayor Pelkey called for a vote on the Amendment; it was approved, unanimously.
Councillor Delnicki thanked the Board of Education for coming in with a list of what is being purchased because the taxpayers have the right to know how and where their money is being spent.
Mayor Pelkey called for a vote on the Amended Resolution; it was approved, unanimously.
B. Resolution Approving the Transfer of $167,000 from the Capital and Non-Recurring Expenditure Account to the Town of South Windsor Capital Project Account
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:25 p.m. on June 21, 2010, hereby approves the transfer of $167,000 from the Capital and Non-Recurring Expenditure Account to the Town of South Windsor Capital Project Account to cover the cost of a Computer Improvement Program.
Was made by Councillor Delnicki
Seconded by Mayor Pelkey
Councillor Delnicki thanked the IT Department for providing the documentation of what is being purchased.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
ITEM:
17. New Business (Continued)
- Resolution Appropriating Approximately $267,000 of LoCIP Funds to Miscellaneous Road Overlay Capital Project Account
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:45 p.m. on June 21, 2010, hereby approves the appropriation of approximately $267,000 of the LoCIP funds to Miscellaneous Road Overlay Capital Project Account to cover the cost of miscellaneous paving projects.
Was made by Councillor Hale
Seconded by Councillor Delnicki
Mr. Mike Gantick, Director of Public Works came forward and explained that the money would be used to initiate the overall project program to do some crack sealing. There are approximately 60 streets here in South Windsor. Then the Town would begin the chip seal program. These two programs will mitigate the amount of water that is entering into the pavement and to stop the aging process.
Councillor Hale stated that this money will be used to crack seal and chip seal to prevent further deterioration of approximately sixty roads so that it will save the Town money in the future and prevent further deterioration of Town roads.
Councillor McCann felt that these programs are probably among the better of the maintenance programs that the Town of South Windsor provides and will help extend the life of roads in Town, however should the Town be using LoCIP funds for this program.
Mayor Pelkey explained that the State keeps the funds until the Town spends them. There is a fear this year that if the Town does not spend these funds there is a high risk that the funds will not be available.
Councillor Delnicki stated that although he does not feel this is the best method of using LoCIP funds he shares the fear and concern of the funds not being available in the future. This is a worthy project and a good way to do some road maintenance.
ITEM:
17. C. (Continued)
Councillor Yagaloff stated that it is appropriate to use LoCIP funds for road repairs. Good way to get some significant funds along with the other $50,000 to try to do crack and chip sealing which will prevent further deterioration. These roads should be repaired before the winter comes and causes further deterioration of the roads. Councillor Yagaloff then stated that road repair work will have to be addressed at a later time.
Deputy Mayor Havens stated that this Council has discussed road repairs and road replacement for the past year. Here the Town has the opportunity to use $267,000 to repair some of the roads from further deterioration, lets support the resolution.
Mayor Pelkey called for vote on the Resolution; it was approved, unanimously.
- Resolution Authorizing the Town Manager, Matthew B. Galligan, to Enter into a Contract for an Historic Documents Preservation Grant with the Connecticut State Library
WHEREAS, said Public Act Concerning Real Estate Filings and the Preservation of Historic Documents (P.A. 00-146) has established a dedicated fund to improve the care of local government records; and
WHEREAS, said Public Act is intended to assist Connecticut municipalities in their efforts to preserve and manage their historic documents; and
WHEREAS, said Public Act imposes an additional fee of three dollars ($3.00) to be collected by Town Clerks for the recording of land records, including deeds and mortgages – two dollars of which will be forwarded to the State Library for the funding of this Historic Documents Preservation Account; and
WHEREAS, Public Act 99-146 authorizes the Public Records Administrator of the State Library to provide training and technical assistance and administer a grant program for Connecticut’s municipalities, and authorizes the State Librarian to appoint a committee to advise on the development and implementation of regulations regarding the operation of this grant program
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
NOW, THEREFORE, BE IT RESOLVED that Matthew B. Galligan, South Windsor Town Manager, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant; and
BE IT FURTHER RESOLVED that said contract shall continue to be in effect until May 31, 2011.
Was made by Councillor Prague
Seconded by Councillor Hale
The motion was approved, unanimously
E. Discussion Item: Referendum for Pump Stations (requested by Mayor Pelkey)
Mayor Pelkey began discussions by stating that discussions have been held regarding the pumping stations as well as the fee structure. The Town will need to have dollars to offset the loan from the improvements to the main plant. The Town Council has also discussed bringing the remainder of the pump stations to referendum with more background information to the voters. This would stretch out the payments over a number of years and also would allow the Town to do all the pump stations at once which would lower the cost to the Town. When the previous referendum failed for the pump stations, the fee structure was raised last year and part of that was to put money aside for the loan for the upgrade to the plant and also to upgrade one pump station per year. The Town should continue to try to get
federal grant money to help with this process.
Councillor Yagaloff stated that the Town has its first payment from the plant upgrade due in September of 2013. The Town can either sufficiently raise taxes each year to be able to pay that first payment in September 2013 or can plan to come up with the payment some other way. The Town wants to mitigate against a significant tax increase when the sewer plant comes on line. The increase should be gradual so as not to hit taxpayers with a large increase that first year. If the Town goes out to referendum for the pump stations, those costs could be spread out and the sewer reserve could be applied towards the first payment and would help against a large
(Resolution Continued on the Next Page)
ITEM:
17. E. (Continued)
tax increase. The remaining pump stations need to be done and Councillor Yagaloff calculated the referendum would have to be approximately a $1.8 million dollar referendum and he stated that he is fully in support of this referendum but would like to see it come in at a lower total amount then the estimated $2.1 million dollars.
Mr. Fred Shaw, Superintendent of Pollution Control explained that the figure of $2.1 million dollars is a conservative figure based upon previous estimates done by the engineers for the remaining pump stations that need to be upgraded. It was originally anticipated that the Town would be doing the upgrade to the pump stations over a number of years so there was an annual escalation cost for each year. Mr. Shaw stated that he has requested that the engineers to go back with the understanding that all three pump station may be done next year so the Town can get a better, more realistic figure concerning what those costs will be. Each of the pump stations are different kinds of pump stations and have different requirements. They are not all $550,000, they vary and the Town will be looking at information
concerning how costs have been coming in throughout the northeast and throughout Connecticut. The engineers will be submitting a report on July 16th which will give a realistic figure and not an estimate. That report will be forwarded to the Town Council as soon as it is submitted.
F. Resolution Approving a Refund of Taxes to Fifteen (15) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approve a refund of property taxes to fifteen (15) South Windsor Taxpayers, the total of said refunds being $4,272.04, and as more fully describe don attached Exhibit A.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
The motion was approved, unanimously
ITEM:
18. Passage of Ordinance
A. Resolution Sending the Ordinance Establishing a Tobacco Free Zone at all Public Parks, including Athletic and Recreation Facilities in the Town of South Windsor back to the Park and Recreation Commission for further review
WHEREAS, the South Windsor Town Council held a public hearing regarding an Ordinance Establishing a Tobacco Free Zone at all Public Parks, including Athletic and Recreation Facilities in the Town of South Windsor on Monday, June 21, 2010; and
WHEREAS during and since the Public Hearing, the public has come forward with suggestions such as designating an area where smoking would be allowed or allow individuals to smoke a certain amount of distance away from an event or function that is taking place
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council wishes to send this Ordinance back to the Park & Recreation Commission for further review and changes that the Commission recommends should be incorporated into the Ordinance as heard from by the public
Was made by Councillor Bazzano
Seconded by Councillor McCann
Councillor Bazzano began discussions by stating that the Park & Recreation Commission has had some good input but the Town Council did hear from the public regarding having an area to smoke, government infringement and heard a lot of good thoughts. One of the best comments Councillor Bazzano said he heard was if someone is alone in the park and is smoking a cigar who is it really bothering. The only concern Councillor Bazzano stated is if someone is smoking in a park and they put out their cigarette on the ground is there a fire danger. Councillor Bazzano suggested that something be put into the ordinance regarding fire danger. Also an individual said they thought this ordinance was going to be complaint based which makes sense.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Mayor Pelkey informed the Town Council that there is a Town ordinance that prohibits throwing a lit cigarette on the ground. The fine for that is $35.00. There are ordinances out there that enable to Town to enforce different situations that may arise. Anything to do with fire dangers would probably require some sort of signage.
Councillor Yagaloff suggested that the ordinance be revised to focus on exposing children. That would cover sporting events and private events including people renting out Town property. The other things that should be revised is giving the rights to coaches to issue citations. Referrals should be given to the Police Department or Town Hall employee who in turn would issue citations.
Councillor McCann stated that he feels these discussions have evolved into a discussion of respect for one another. Town parks are large enough that everyone should be able to be accommodated.
Councillor Delnicki informed the Town Council that if an ordinance is passed and the Police Department issues a citation the Town receives no reimbursement for the time, efforts and energy of the Police Officer issuing a citation and showing up in court. This will be an unfunded mandate upon the Town and taxpayers. Councillor Delnicki questioned where and how far is the Town looking to go with this ordinance.
Deputy Mayor Havens felt that prohibiting smoking near student activities would be acceptable.
Councillor Hale voiced her concern with the resolution and sending this back to the Park and Recreation Commission because placing all of the exceptions into the ordinance are going to lead to something that is unenforceable.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Councillor Favreau agreed with Councillor Hale that if too many exceptions are put into this ordinance it will become difficult to enforce. Councillor Favreau feels that while everyone has the right to do what they want in their own privacy the Council is talking about a public park paid for with public funds and as government we have the responsibility to look for the greater public good and in this case we are looking at the greater public good.
Councillor Prague stated that when this ordinance was first proposed he was totally in agreement with the ordinance as it was and that smoking should be banned in parks. Then there were people who came forward and stated that their rights were being infringed upon while they are doing a legal activity. Councillor Prague suggested that the Town put up some signs around sports activities, athletic fields that say “please be considerate and please do not smoke around our children”. That is really what the Council is trying to accomplish and this ordinance should be sent back to Park & Recreation Commission to solve this problem.
Councillor Bazzano stated he does not see any problem sending this back for a second time. It is the Town Council’s responsibility to pass or not pass but should be getting the Park & Recreation Commission guidance on this ordinance. Councillor Bazzano felt that no body would pay any attention to a sign, but an ordinance would allow the Town to give citations and gets peoples attention.
Mayor Pelkey felt that an ordinance is warranted and an ordinance is necessary for individuals to pay attention to not smoking in public parks.
Mr. John Marchesseault, 75 Murielle Drive came before the Town Council. Mr. Marchesseault stated that there have been no problems at the softball fields. There is a sign that is erected and people seem to abide by it. Mr. Marchesseault then stated that he is disappointed that during the campaign for the election everyone stated they would be making hard decisions. The Town Council should be making a decision on this ordinance instead of sending it back to the Park & Recreation Commission. Mayor Pelkey responded that the Town Council does have to make tough decisions but also needs to listen to the public.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Mr. John Bassilakis, 220 Laurel Street stated that he does not smoke and is not in favor of smoking but feels this ordinance is feel good legislature for those who are anti-tobacco and feel they have the right and privilege to impress their personal feelings on people who decide to undertake a legal activity. The Town Council should vote no on this ordinance tonight.
19. Communications and Petitions from Council (Continued)
None
20. Communications and Reports from Town Manager (Continued)
None
21. Executive Session
None
22. Adjournment
At 9:36 p.m. Councillor Hale made a motion to adjourn the Regular Meeting. Councillor McCann seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
Attachments: Exhibit A
| 
