TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 November 15, 2010
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Prior to the start of the meeting, Mayor Pelkey presented a proclamation to Jim and Sandy Varney who are the owners of Varney Farms thanking them for their tireless efforts, contributions and commitment against hunger.
1. Call Meeting to Order
Mayor Pelkey called the Regular Meeting to order at 8:00 p.m., recessed the Regular Meeting in order to finish the Work Session and then reconvened the Regular Meeting at 8:09 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kathryn Hale
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Members Absent: Deputy Mayor Havens
Also Present: Matthew B. Galligan, Town Manager
5. Public Input
Mr. John Bassilakis of 220 Laurel Street requested that the wording for Item 17. J. on the agenda be changed to read South Windsor resident input or South Windsor taxpayer input instead of citizen input. Mr. Bassilakis felt that the residents of South Windsor should not be limited when speaking and individuals who are not taxpayers should not have the opportunity to speak on this issue because they will not be affected by this project.
Mr. George Marcotte of 24 Podunk Circle came to speak in favor of the Bark Park. Mr. Marcotte stated that he feels the Bark Park is in the right location. The individual who is complaining about the Bark Park has more of an issue with the traffic.
ITEM:
5. Public Input (Continued)
Mr. Michael Sullivan of 24 Jared Court stated he is very surprised that the Town Council would allow a resident to talk about another resident. It is the Town Council’s responsibility to make sure procedures were followed for the establishment of the Bark Park, even if just for one resident.
Mr. George Hill of 20 Andreis Trail stated that his and his wife’s position is not to close the dog park. Mr. Hill said that his wife only has said that the dog park is a nuisance because of the noise and nothing has been done. There was never an opportunity to speak regarding the creation of the Bark Park and a hearing notice was never sent to us because there was no hearing. Funds were never appropriated and the Town Council never approved this issue. The dog park should not be located in anyone’s neighborhood. The dog park should be phased out to a new location. Mr. Hill then stated that he and his wife have threatened to sue the Town unless a suitable solution is not sought.
Ms. Nancy Yario of 20 Andreis Trail came forward and stated that the Bark Park should be moved to another location in Town. When the park first opened it was stated that the park was park of the Town’s Park and Recreation master plan. The plan that I was shown on September of 2008 does not show the Bark Park. Ms. Yario explained that she had sat down with the Town Manager to negotiate different items, but when she received the letter of the negotiated items, the letter had different items then what was discussed.
6. Environmental Health & Safety Message
Mr. Karl Reichle, Tree Warden for the Town of South Windsor came forward to inform the Town Council that on November 3, 2010 the Town was presented an award on behalf of the citizens of South Windsor from the Connecticut Urban Forest Council. The plaque reads “The Connecticut Urban Forest Council – outstanding municipal tree program presented to the Town of South Windsor in recognition exemplary practice of urban forestry at a community level”. This was based upon the Memorial Tree Program that was implemented on Earth Day 40th Anniversary. The Town was able to sell and plant 40 trees throughout the Town of South Windsor.
ITEM:
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session of November 1, 2010; and Regular Meeting of November 1, 2010.
Was made by Councillor McCann
Seconded by Councillor Delnicki
Councillor Favreau made a motion to amend the Regular Minutes of November 1, 2010. Under Environmental Health & Safety there was a statement made regarding Diabetes Month and it has Councillor McCann making the statement when actually it was Councillor Favreau. Mayor Pelkey seconded the amendment; and it was approved, unanimously.
Mayor Pelkey called for a vote on the amended minutes; it was approved, unanimously.
8. Public Petitions
Mr. George Marcotte of 24 Podunk Circle presented the Town Council with a Petition regarding the Bark Park.
9. Communications from Officers and Board Directly Responsible to Council
None
Councillor Bazzano made a motion to Suspend the Rules in order to go to Item 17. K. Councillor Delnicki seconded the motion and it passed on a Roll Call vote of 7 to 1 with Mayor Pelkey, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor McCann, Councillor Prague and Councillor Yagaloff voting in favor of Suspending the Rules; and Councillor Hale voting in opposition to Suspending the Rules.
ITEM:
17. New Business
K. Discussion Item: Bark Park (requested by Town Manager)
Mr. Galligan began discussions stating that after meeting with Ms. Yario, he was under the understanding that the terms for resolution of issues with the Bark Park were agreed upon. The cost to establish this park as it is presently was between 28,000 to 30,000. The cost to phase out the park and create a park in another location would be approximately $125,000 to $150,000 which there will need to be an appropriation to the Town done. This is a decision the Town Council will have to make. The Town Attorney advised me that there is a statute of limitation for anyone to file a law suit which will be up in a few days but can be extended by the Town Council.
Answering questions from the Town Council, Town Attorney Dwight Johnson explained that he would have an answer on whether the Town needed to do an 8-24 referral for the creation of the Bark Park. The extension for the amount of time a law suit can be filed should be done tonight if that is something the Town Council would like to do.
Councillor Yagaloff stated that he is frustrated that this issue has even arisen and would not have happened if the Town had followed the correct process.
Councillor Hale called for a Point of Order and stated that discussions should be held in Executive Session. Town Attorney Johnson stated that if discussions get into the merits of the law suit then this issue should be brought to Executive Session. At this point, Councillor Hale left the room.
Councillor Yagaloff then stated that a public hearing should have been held prior to the establishment of the Bark Park. To fix this the Town Council should take the Town Manager’s suggestion and give sufficient funds to move the park around.
Councillor McCann felt that it is bad policy for the Town to fund changes to a park based on complaints from one neighbor. The Town may need to expend minimum funds to put signs in and expand the trail but to move or change the park is not a benefit to residents and will not support.
ITEM:
17. K. (Continued)
Councillor Bazzano requested to be able to see the emails from Ms. Yario and questioned how far her house is from the Bark Park. Councillor Bazzano requested an update regarding this issue from the Planning & Zoning Commission. Mr. Galligan stated he would have Michele Lip write a report on what was handled at the Planning & Zoning Commission level regarding this issue.
Councillor Hale stated that she left the room because she felt that it is inappropriate to have discussions on an item when there is a threat of a law suit. This item should have been discussed in Executive Session
Councillor Hale made a Motion to Suspend the Rules to add to the agenda a new Item, 17. M. which would extend the Statute of Limitation and give Mr. Hill, Ms. Yario longer period of time to negotiate the issues regarding the Bark Park and if items can not be negotiated a law suite could be filed at a later time.
- Resolution Authorizing Town Manager, Matthew B. Galligan to Enter into a Tolling Agreement with Respect to the Potential Law Suit Regarding the Bark Park with Mr. Hill and Ms. Yario
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan with consultation of the Town Attorney, to enter into a Tolling Agreement with respect to the potential law suit regarding the Bark Park with Mr. Hill and Ms. Yario for a period of not more than four months.
Was made by Councillor Hale
Seconded by Councillor Delnicki
Councillor Yagaloff made a motion to amend the resolution to read two months instead of four months. Councillor Hale suggested three months and was accepted as a friendly amendment. The Resolution to read as follows:
(Resolution Continued on Next Page)
ITEM:
17. M. (Continued)
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan with consultation of the Town Attorney, to enter into a Tolling Agreement with respect to the potential law suit regarding the Bark Park with Mr. Hill and Ms. Yario for a period of not more than three months.
Mayor Pelkey called for a vote, the motion passed on a Roll Call vote of 6 to 2 with Mayor Pelkey, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale and Councillor Yagaloff voting in favor of this motion; and Councillor McCann and Councillor Prague voting in opposition to this motion.
Mayor Pelkey made a motion to Suspend the Rules in order to go to Item 17. J. Councillor Bazzano seconded the motion; and it was approved, unanimously
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Appropriation of $15,000,000.00 for the Financing of The Connecticut Studios Project and Authorizing the Issuance and Sale of Not Exceeding $15,000,000.00 Special Obligation Revenue Bonds of the Town of South Windsor, Connecticut to Meet Said Appropriation
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 6, 2010, at 7:15 p.m., in the Council Chambers of the South Windsor Town Hallo, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $15,000,000.00 for the financing of The Connecticut Studios Project and authorizing the issuance and sale of not exceeding $15,000,000.00 special obligation bonds of the Town of South Windsor, Connecticut to meet said appropriation.
Was made by Councillor Favreau
Seconded by Councillor Hale
Councillor Favreau stated that the Town is not getting anything from the property now. If the bank forecloses on the developers, they will be paying the tax. If the Town forecloses and we get the land we are not going to be taxing ourselves. The Town will still have a piece of land for sale with public improvements on it. If the Town goes with General Obligation Bonds, the Town is obligated one hundred percent. There are items from executive session that we have agreed to and the Town’s reputation is on the line for these items.
(Resolution Continued on Next Page)
ITEM:
17. J. (Continued)
Councillor Hale felt that the Town should go forward with another public hearing.
Councillor McCann stated that the Town is not obligated to anything that comes out of Executive Session. The Town can not agree to anything in Executive Session that would bind the Town or the Town Council. It is premature to have a public hearing on a bond resolution before the Town Council receives the feasibility study (3rd party verification).
Mayor Pelkey felt that the Town Council has heard from a lot more citizens and a lot more questions have been answered. This is what a public hearing is for and he would be supportive of going forward with this public hearing.
Councillor Yagaloff stated that every individual on the Town Council is in favor of this project and feels the Town Council should stand united in coming to a resolution that is appropriate for the Town.
Mayor Pelkey called for a vote on this Motion, it passed on a Roll Call vote of 7 to 1 with Mayor Pelkey, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor Prague and Councillor Yagaloff voting in favor of approval of this resolution; and Councillor McCann voting in opposition of this resolution.
15. Consent Agenda
Motion to approve Agenda Item 17. A. through 17. I as the consent Agenda.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
The motion was approved, unanimously
ITEM:
17. New Business
A. Resolution Appointing Phil Koboski (R) to the South Windsor Agricultural Land Preservation 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 Phil Koboski (R) to the South Windsor Agricultural Land Preservation Commission for a term ending November 30, 2013 to fill the expired term of Frank Intino and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
B. Resolution Reappointing Elizabeth Warren (R) to the South Windsor Agricultural Land Preservation 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 reappoints Elizabeth Warren (R) to the South Windsor Agricultural Land Preservation Commission for a term ending November 30, 2013 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
C. Resolution Reappointing Tim Shepard (R) to the South Windsor Agricultural Land Preservation 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 reappoints Tim Shepard (R) to the South Windsor Agricultural Land Preservation Commission for a term ending November 30, 2013 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
17. New Business (Continued)
D. Resolution Reappointing Jonathan Foster (R) to the South Windsor Agricultural Land Preservation 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 reappoints Jonathan Foster (R) to the South Windsor Agricultural Land Preservation Commission for a term ending November 30, 2013 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
E. Resolution Appointing Bill Jodice (R) to the Economic Development 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 Bill Jodice (R) to the Economic Development Commission for a term ending November 30, 2011 to fill a vacancy and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
F. Resolution Reappointing Teri Dickey-Gaignat (R) to the Patriotic 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 reappoints Teri Dickey-Gaignat (R) to the Patriotic Commission for a term ending August 31, 2013 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
17. New Business (Continued)
G. Resolution Reappointing Joan Murphy (R) to the Housing Authority 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 reappoints Joan Murphy (R) to the Housing Authority for a term ending November 30, 2013 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
H. Resolution Appointing Teri Dickey-Gaignat (R) 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 Teri Dickey-Gaignat (R) to the Zoning Board of Appeals for a term ending November 30, 2011 to fill a vacancy and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
I. Resolution Appointing Carolyn Carey (R) to the Human Relations 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 Carolyn Carey (R) to the Human Relations Commission for a term ending November 30, 2013 to fill a vacancy and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
None
Mayor Pelkey made a motion to Extend the Meeting past 11:00 p.m. in order to finish the agenda. Councillor Bazzano seconded the motion; and it was approved, unanimously.
16. Unfinished Business
A. Resolution Authorizing the Town Manager to Sign a Memorandum of Understanding Agreement Between the Town of South Windsor and Connecticut Clean Energy Fund (Postponed from the October 4, 2010)
WHEREAS, the Town of South Windsor has officially qualified as a Connecticut Clean Energy Community by meeting the necessary requirements; and
WHEREAS, as a result, South Windsor has earned a 1 kilowatt solar PV system from the Connecticut Clean Energy Fund; and
WHEREAS, the next step to facilitate this process of receiving the 1 kilowatt solar PV system would be to sign and execute a Memorandum of Understanding and any other necessary documentation
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute a Memorandum of Understanding Agreement between the Town and Connecticut Clean Energy Fund and any other necessary documentation.
ITEM:
16. A. (Continued)
Was made by Councillor Hale
Seconded by Mayor Pelkey
The Motion passed on a Roll Call vote o f7 to 1 with Mayor Pelkey, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor McCann and Councillor Yagaloff voting in favor of the Resolution; and Councillor Prague voting in opposition to the Resolution.
22. Adjournment
At 11:02 p.m. Councillor Yagaloff made a motion to adjourn the Regular Meeting. Councillor Delnicki seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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