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Town Council Regular Meeting Minutes 2/22/2011
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  February 22, 2011


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.

Mayor Pelkey made a motion to Suspend the Rules to bring Item 16. B. forward.  Councillor Prague seconded the motion; and it was approved, unanimously.

16.     Unfinished Business

B.      Resolution Appointing M. Saud Anwar (D) to the Town Council
        
BE IT RESOLVED that the South Windsor Town Council hereby appoints M. Saud Anwar (D) to the Town Council for a term ending November 7, 2011 to fill the unexpired term of Kathryn Hale.

Was made by Councillor Favreau
Seconded by Mayor Pelkey

Councillor Favreau stated that Dr. Anwar will bring both dedication and integrity to the Council and it is her pleasure and honor to welcome him to the Council.

The motion was approved, unanimously

Mrs. Lori Trahan, Town Clerk came forward at 8:08 p.m. and swore in Councillor Anwar to the Town Council.

4.      Roll Call

Members Present:        Mayor John Pelkey
        Deputy Mayor Edward Havens
        Councillor M. Saud Anwar
        Councillor Gary Bazzano
        Councillor Tom Delnicki
        Councillor Janice Favreau
        Councillor Kevin McCann
        Councillor Cary Prague
        Councillor Keith Yagaloff

Also Present:           Chief Matthew Reed, Acting Town Manager

ITEM:

5.      Public Input

None

6.      Environmental Health & Safety Message

Councillor Favreau reminded the public to dispose of old medications that they may find while cleaning this Winter.  Some medications become toxic or poisonous if past their expiration date.  Medications should be crushed and put with a substance such as coffee grounds or kitty litter and thrown away with solid waste disposal.  Councillor Favreau also reminded the public to recycle their plastic bottles and make sure there is no personal information displayed on the bottle.

Councillor Prague informed the public that in order to get channels 14, 15, and 16 on your television, call Cox Communications to get a free box for the local channels.  Pick the box up and hook it to your television and you will be able to get the local channels.

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 February 7, 2011; and Regular Meeting of February 7, 2011.

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

8.      Public Petitions

None

9.      Communications from Officers and Boards Directly Responsible to Council

Councillor Prague stated that he received a phone call from Hap Fitts who is the Chair of the Public Building Commission.  Mr. Fitts is concerned that if the Fire Department has a grand opening on March 6, 2011 that there has not been enough publicity.  Councillor Prague requested that Chief Reed communicate with the Fire Department and request that a grand opening be held in May so it can be publicized more, there would be plenty of parking at that time because there will not be snow, and the Ambulance Corp. would also be housed there by then.

ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council (Continued)

Deputy Mayor Havens stated he felt the public and private showing should be at the same time.

10.     Communications and Reports from Town Manager

Acting Town Manager Chief Reed reported on the following items:

  • All Department Heads were notified of a spending freeze which is effective immediately.  The spending freeze suspends out-of-State travel for conferences and training, non-essential material and supply purchases, capital projects that have not been started yet other than those funded through bond proceeds, and any non-emergency over time.  This is in an effort to make sure that the Town doesn’t have a short fall after all of the snow that we have had.
  • The Human Services Department will have a booth set up at the South Windsor Town Hall on Thursday, February 24, 2011 from 10:00 a.m. through 2:00 p.m. for any employee, or Board and Commission member who is interested in learning more about the Mentoring Program or interested in becoming a mentor.  The Town has been involved in the Mentoring Program since 2001.  The Town Manager provides an hour a week for employees to participate.  
  • There will be Safety and Security Training on Monday, February 28, 2011 at 7:00 p.m. in the Council Chambers.
  • The Police Department has hired a new Police Officer, Kyle LaPorte, who is presently in training.  Chief Reed stated he would introduce the new Officer to the Town Council after his training is complete.
  • South Windsor Volunteer Fire Department has responded to 165 calls for service since January 1, 2011.  Of the 165 calls, 4 were significant structure fires.
Answering questions from the Council, Chief Reed explained that the Town of South Windsor has a Town Ordinance that requires the sidewalks to be cleared of snow within 24 hours after the end of a storm.  The Police Department enforces this Ordinance with a fine that ranges from $75.00 to $80.00, but the Police Department does try to work with the homeowners under different circumstances.  Residents whose homes are designated as bus stops at a corner are in a tough situation because there are no rules about the bus stops saying that you have to

ITEM:

10.     Communications and Reports from Town Manager (Continued)

provide the children safe access or a safe place to stand.  That rule does not exist, but fortunately the bus drivers are somewhat lenient and will adjust their bus stop a little bit so that students can get on in a safe manner.  It would be best to avoid children from walking in the street, but that is difficult if sidewalks are not cleared.  This year has been an extraordinary year and has taken extra efforts by everyone.  

11.     Reports from Standing Committees

None

12.     Reports of Temporary Committees

Mayor Pelkey stated that he has received comments from Councillor McCann regarding Matching Mini-Grants and will review those comments and discuss this issue at the next Town Council meeting.

13.     Communications and Petitions from Council

Connecticut Studios – Tax Credits

Councillor Delnicki raised a concern that during budget discussions, Governor Malloy has raised the issue of the State Tax Credits for Production.  Under Malloy’s plan, only 50% of the credits could be transferred over the coming year.  The amount would then be reduced to 25% going forward.  Our State Senator is quoted in here as making the comment that he thinks it would shut down the industry.  At the next meeting I would like Mr. Galligan to comment regarding this issue.  Councillor Delnicki felt the Town Council should take a position on this issue and should oppose anything that could put the Connecticut Studios project in jeopardy.

Mayor Pelkey stated that there are a lot of proposals out there and not all will make it to the State budget.  The creation of the Connecticut Studios project will create a thousand jobs and in the Governors proposal he has the creation of 200 jobs.  Mayor Pelkey also stated that an analysis on the Connecticut Studios project is underway.  This analysis will inform the individuals who are selling the bonds if this project is viable.

ITEM:

13.     Communications and Petitions from Council (Continued)

Connecticut Studios – Tax Credits (Continued)

Councillor Yagaloff stated that this is a long term issue which needs a sustainable solution.  The project will have to be supported by each Governor approximately for 25 years.  The Town needs an agreement with the Legislature and with the Administration of the State of Connecticut (Governors Office) to work with the local government and with Connecticut Studios to create a sustainable tax credit program.  Councillor Yagaloff feels the Town should engage in a dialogue at a high level to explain why the Town is committed to utilizing the tax credits in a responsible appropriate way.

Councillor Favreau explained that she was fortunate enough to be able to discuss the Connecticut Studios project with Governor Malloy and he is interested in brick and mortar projects, not projects that come in and do a film and then leave.  It is important to have a one on one dialogue with the Governor.

Councillor Anwar stated that he is truly honored to have been selected by his fellow members of the Democratic Town Committee to represent and fill the vacated seat of Councillor Kathy Hale.  She has done a tremendous job and has been available to help in a many ways.  Councillor Anwar stated he looks forward to working with the rest of the Council.

14.     Public Participation

Ms. Nancy Yario of 20 Andreis Trail came before the Town Council and stated that she would like a Committee formed that would look at the costs that have been spent on paying for space that is rented by the Town for Nomads and Star Hill.  Ms. Yario feels it would be a better idea for the Town to build a larger Community Center that would benefit all individuals in Town and would cut costs that are used for Recreation purposes now.  Ms. Yario then stated that an agreement is presently be worked on regarding the Bark Park.

15.     Consent Agenda

Councillor Favreau made a motion to approve Item 16. A., and Items 17. A. through 17. E. as the Consent Agenda.  Mayor Pelkey seconded the motion; and they were approved, unanimously.

ITEM:

16.     Unfinished Business

* A.    Resolution Appointing Winifred Wilson (D) to the Personnel Board of Appeals

        BE IT RESOLVED that the South Windsor Town Council hereby appoints Winifred Wilson (D) to the Personnel Board of Appeals for a term ending November 30, 2013 to fill the expired term of Edwina Futtner.

(Approved by Consent Agenda)

17.     New Business

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

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Anthony Duarte (D) from the Inland Wetlands Agency/Conservation Commission, said resignation to be effective immediately; and

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

(Approved by Consent Agenda)

* B.    Resolution Appointing Arthur Jennings (D) 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 Arthur Jennings (D) to the Inland Wetlands Agency/Conservation Commission for a term ending December 1, 2011 to fill the unexpired term of Anthony Duarte and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)



ITEM:

17.     New Business

* C.    Resolution Appointing Linda Jeski (D) 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 Linda Jeski (D) to the Human Relations Commission for a term ending November 30, 2011 to fill the unexpired term of M. Saud Anwar and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

* D.    Resolution Appointing Richard Aries (D) a Full Member to the Water Pollution Control 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 appoints Richard Aries (D) a full member to the Water Pollution Control Authority for a term ending November 30, 2015 to fill an unexpired term of Thomas Deming and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

* E.    Resolution Appointing Nancy Mulroy (D) an Alternate to the Water Pollution Control 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 appoints Nancy Mulroy (D) an alternate to the Water Pollution Control Authority for a term ending November 30, 2011 to fill an unexpired term of Richard Aries and postpones consideration of this motion until the Town Councils next regularly scheduled meeting.

(Approved by Consent Agenda)

ITEM:

17.     New Business

F.      Resolution Accepting the Resignation of Timothy Moriarty (R) from the Planning & Zoning Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Timothy Moriarty (R) from the Planning & Zoning Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Timothy Moriarty for the time he has dedicated to serving his community by his membership on the Planning & Zoning Commission.

Was made by Councillor Bazzano
Seconded by Councillor Delnicki

Mayor Pelkey amended the Resolution to also read:  BE IT FURTHER RESOLVED that the South Windsor Town Council also thanks Timothy Moriarty for the time he dedicated as a member of the Town Council.

The Resolution would read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Timothy Moriarty (R) from the Planning & Zoning Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Timothy Moriarty for the time he has dedicated to serving his community by his membership on the Planning & Zoning Commission; and

BE IT FURTHER RESOLVED that the South Windsor Town Council also thanks Timothy Moriarty for the time he dedicated as a member of the Town Council.

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

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




ITEM:

17.     New Business

G.      Resolution Appointing William Carroll (R) a Full Member 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 William Carroll (R) a full member to the Planning & Zoning Commission for a term ending November 11, 2013 to fill the unexpired term of Timothy Moriarty and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

H.      Resolution Designating the Board of Education as the Building Committee for State Project Number TMP-132-LDWP, Eli Terry Gym Floor Replacement

WHEREAS, the South Windsor Town Council recognizes the need for, and supports the South Windsor Eli Terry Gym Floor Replacement Project

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby designates the South Windsor Board of Education as the Building Committee for State Project Number TMP-132-LDWP, Eli Terry Gym Floor Replacement; and

BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes said Board of Education to proceed with preparation of the necessary schematic drawings and outline specifications for the project; and authorizes South Windsor’s Superintendent of Schools to file application for a School Construction project Grant.

Was made by Councillor Anwar
Seconded by Councillor McCann


(Resolution Continued on Next Page)
ITEM:

17.     H.      (Continued)

Councillor McCann stated that he feels it is important to go forward with this resolution.  This was a project that should have been completed last year but it was unable to be done because of the time of year.  In order to do this type of work, the school needs to be shut down.

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

I.      Resolution Authorizing the Town Manager and Town Attorney to Negotiate and Enter into a Lease Agreement with the Ambulance Corp.

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, and Town Attorney, Kari Olson, of Murtha Cullina to negotiate and enter into a lease agreement with the South Windsor Ambulance Corp. for property located at 232 West Road.

Was made by Councillor Prague
Seconded by Councillor McCann

Councillor Prague suggested that the Town Council approve the Resolution as it is, go back into Executive Session to settle the perimeters and give those perimeters to the Town Manager based on discussions in Executive Session.

Councillor Yagaloff made a friendly amendment that would add “subject to the lease conditions authorized by the Town Council” at the end of the paragraph after West Road.  The friendly amendment was accepted by Councillor Prague and Councillor McCann.

Councillor McCann made a motion to amend the resolution by adding language after negotiate and, as follows:  “make their best efforts to”.  Councillor Prague seconded the amendment.

Mayor Pelkey explained that the Town Council is trying to set the language in the resolution such that the Council can go into Executive Session and come up with the terms that will be sent to the Town Manager to negotiate the lease agreement.  

(Resolution Continued on Next Page)


ITEM:

17.     I.      (Continued)

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

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

The Resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, and Town Attorney, Kari Olson, of Murtha Cullina to negotiate and make their best efforts to enter into a lease agreement with the South Windsor Ambulance Corp. for property located at 232 West Road; subject to the lease conditions authorized by the Town Council.

  • Resolution Concerning Ethical Conduct of Town Employees, Agents and Consultants
WHEREAS, the Town of South Windsor expects its employees, agents and consultants to conduct business to the highest ethical standards of conduct; and

WHEREAS, Town of South Windsor employees, agents and consultants are expected to devote their best efforts to the interests of the Town; and

WHEREAS, business dealings that appear to create a conflict of interest between the interests of the Town and an employee, agent or consultant of the Town are unacceptable; and

WHEREAS, employees, agents and consultants of the Town must represent the Town accurately and honestly and must act in good faith and for best interests of the Town of South Windsor


(Resolution Continued on Next Page)

ITEM:

17.     J.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the Town of south Windsor’s employees, agents and consultants will conduct business transactions and relationships with others so as to avoid conflicts of interest in appearance or fact; they shall conduct business transactions with suppliers, contractors, vendors and other third parties at arms-length and free from offers or solicitation of gifts and favors, or other improper inducement; they shall not use privileged information for private gain or give preferential treatment to any person in the performance of their duties; and they shall not make specific recommendations or referrals to third parties concerning the purchase of goods or services, except in exigent circumstances involving public safety.

Councillor Yagaloff stated that the concept of this resolution is to emphasize the position of the Town Council making it clear that everyone is working for the benefit of the Town.  The Town as a government should not be involved in preferential treatment for third parties and this resolution will make that clear to everyone that works for the Town.

Councillor Anwar thanked Councillor Yagaloff for putting this resolution forward.

Councillor Delnicki stated that he would be supporting this resolution and feels it is healthy to reaffirm these policies.

Deputy Mayor Havens felt this resolution would be too restrictive on employees who are asked to give assistance to individuals who come into Town Hall and request a list of names for a certain trade, and stated he would not support this resolution.

Councillor Yagaloff stated that he feels the Town should not be involved in the area of referrals for purchasing of goods or services because that could create a potential ethical conflict, which the Town should avoid.

Deputy Mayor Havens stated he feels this resolution is being stretched too far and does not make good sense, and is an insult to the employees of South Windsor and its agents.

(Resolution Continued on the Next Page)
ITEM:

17.     J.      (Continued)

Councillor McCann stated that he understands the reasoning behind brining this resolution forward but agrees that it goes a little bit too far when it restricts and prohibits any employee of the Town of South Windsor giving any recommendation for anything.  Councillor McCann made a motion to amend the resolution by taking out the last clause, after duties.  Deputy Mayor Havens seconded the amendment.

Councillor Yagaloff stated that the reason behind this resolution is because a consultant for the Town believed it was his responsibility to make referrals between businesses in Town.  Councillor Yagaloff stated he understands the general concerns but feels this resolution will reiterate to the public that the Town government will not participate in creating specific business opportunities for specific select few and Councillor Yagaloff also stated that  a very important issue is being taken out of the resolution which he will not support.

Both Mayor Pelkey and Councillor Favreau agreed with eliminating the last clause of the resolution.

Councillor McCann stated that if the Town Council removes the last clause, the integrity of the resolution would still be maintained.  

Mayor Pelkey called for a vote on the Amendment; it passed on a Roll Call vote of 7 to 2 with Mayor Pelkey, Deputy Mayor Havens, Councillor Anwar, Councillor Bazzano, Councillor Favreau, Councillor McCann and Councillor Prague all voting in favor of approval of the amendment; and Councillor Delnicki and Councillor Yagaloff voting in opposition of the amendment.

Councillor Yagaloff stated he hoped everyone would support the remainder of the resolution because it does have some important ethical concepts and would be positive for the Town.

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







ITEM:

17.     J.      (Continued)

The Resolution to read as follows:


WHEREAS, the Town of South Windsor expects its employees, agents and consultants to conduct business to the highest ethical standards of conduct; and

WHEREAS, Town of South Windsor employees, agents and consultants are expected to devote their best efforts to the interests of the Town; and

WHEREAS, business dealings that appear to create a conflict of interest between the interests of the Town and an employee, agent or consultant of the Town are unacceptable; and

WHEREAS, employees, agents and consultants of the Town must represent the Town accurately and honestly and must act in good faith and for best interests of the Town of South Windsor

NOW, THEREFORE, BE IT RESOLVED that the Town of south Windsor’s employees, agents and consultants will conduct business transactions and relationships with others so as to avoid conflicts of interest in appearance or fact; they shall conduct business transactions with suppliers, contractors, vendors and other third parties at arms-length and free from offers or solicitation of gifts and favors, or other improper inducement; they shall not use privileged information for private gain or give preferential treatment to any person in the performance of their duties.

K.      Discussion Item:  Recording System in the Town Hall, (requested by Councillor Prague)

Councillor Prague explained to the Town Council that there was an incident last week where a very important meeting of the Redevelopment Agency was not recorded due to a malfunction among the equipment or a power failure.  Councillor Prague recommended that the Town Council ask the Information Technology Department to come back to the Town Council with recommendations on ways to eliminate these tapes.  Doing this digitally would bring the technology of the Town up 30 years in an inexpensive  way.

ITEM:

17.     New Business (Continued)

  • Approving a Refund of Taxes to Eighteen (18) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to eighteen (18) South Windsor Taxpayers, the total of said refund being $9,023.55, and as more fully described on attached Exhibit A.

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

18.     Passage of Ordinance

None

19.     Communications and Petitions from Council (Continued)

        Mayor Pelkey informed the Council that the South Windsor Bicycle Friendly Community Committee has filled out an application and sent it in which would allow South Windsor to become a bicycle friendly community.  Mayor Pelkey stated that the Town should hear back in the next few months whether South Windsor will become recognized as a bicycle friendly community.

        Councillor Favreau read 17. A. into the record.

20.     Communications and Reports from Town Manager (Continued)

        None

21.     Executive Session

At 9:40 p.m. the Town Council went back into Executive Session to discuss the draft contract with the Ambulance Corp.

The following individuals went into Executive Session:  Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Prague, Councillor McCann, Councillor Yagaloff, Acting Town Manager Chief Matthew Reed,

ITEM:

22.     Adjournment

At 10:15 p.m. the Executive Session and Regular Meeting both were adjourned.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council

Attachments:

Tax Refunds – Exhibit A