TOWN OF SOUTH WINDSOR
MINUTES
TOWN COUNCIL WORK SESSION
COUNCIL CHAMBERS JANUARY 5, 2004
SOUTH WINDSOR TOWN HALL 7:00 P.M.
1. Call Meeting to Order
Mayor Havens called the meeting to order at 7:00 p.m.
2. Roll Call
Members Present: Mayor Edward F. Havens
Deputy Mayor John P. Pelkey
Councillor William Aman
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter (Arrived 7:10 p.m.)
Councillor Muriel Yakavone
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry D. Guliano
3. Public Participation
Walter Mealy, 111 Dogwood Lane, wished to advise the Council of a problem in the business community in South Windsor concerning the availability of high-speed internet. He said to get high-speed internet in South Windsor, Cox Cable is the fastest and they do have a connection on Sullivan Avenue and Commerce Way. He noted, however, that a business on Commerce Way has been told that they cannot get the connection. He thought perhaps the Town could help with this problem. The Town Manager suggested that staff attend the next Cox Cable meeting to address the problem.
William Davis, 9 Ridge Road and a 20-year military Veteran, said he received a newsletter from State Representative Nancy Kerensky informing him that the State increased the income eligibility limits for the optional property tax exemption. It was previously $31,000 and has now been raised to $51,000 for single or $56,000 for married Veterans. He had
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Town Council Work Session
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3. Public Participation - Continued
been advised by the Town Assessor that he would have to come before the Council and present the increase option to them. Mr. Galligan explained that this would require a Public Hearing and a Council Resolution, and he would have the Town Assessor prepare such a proposal.
Cary Prague, 60 Krawski Drive, spoke regarding Mr. Mealy’s comments about high-speed internet. He said that he does not have Cox access at his business which is located behind the Stop & Shop plaza. He indicated that Cox has come to his business several times to sign him up, as well as other businesses in that immediate area, but they continue to be without the service.
Councillor Delnicki suggested another alternative—high speed internet by satellite. Mr. Mealy responded that the signal is not received by satellite on cloudy days and, additionally, it is extremely expensive.
Bill Krawski, 130 Buckland Road, referred to several things he had “heard.” In response to his comments, Mr. Galligan stated that Lowes never had an option to come to South Windsor. He said that a proposal had been made for a Wal-Mart Distribution Center, but they had not been satisfied with available locations in Town. And, he had not received anything in writing regarding Expo leaving. As far as the Buckland Road being widened, Mr. Galligan stated that decisions had been made by the Planning & Zoning Commission; and with regard to the sewers, decisions had been made by the Water Pollution Control authority.
Continuing, Mr. Galligan stated that, in eight years, there has been close to 3.5 million square feet of new development in South Windsor.
4. Communications – None
5. Town Manager’s Report - None
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Town Council Work Session
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January 5, 2004
6. Items for Discussion
Roles and Responsibilities of Members of the Town Council
Mr. Galligan stated that this topic would be addressed according to the Town Charter and from an ethics standpoint. The following information was then presented by the Town Manager: Town Council members, with the exception of the Mayor, are not paid for their efforts; these are non-paid positions. They may be reimbursed for expenses, but he said he doesn’t know of any time when a Councillor asked to be reimbursed. The Mayor receives a stipend of $75 per month.
During terms of office, individuals may not accept employment with the Town.
An Organizational Meeting is held on the first Monday following the election, during which time a Mayor and Deputy Mayor are selected. The Mayor presides over meetings and is the official ceremonial and military head of the Town. The Council appoints a Clerk of the Council and sets the Town Council meeting schedule for the year. Meetings are open to the public, with the exception of Executive Sessions. Five members of the Council constitute a quorum and (at least) five affirmative votes are necessary for the approval of any ordinance or resolution.
All ordinances require that a Public Hearing be held prior to a vote taking place. Five days’ notice must be given of the Public Hearing. Following its approval by Council, an ordinance must then be published in the newspaper and will become effective ten days after that publication or according to a specific date which may be listed.
An emergency ordinance may be approved without the need for a Public Hearing or the publication of the ordinance, as long as there is a bona fide emergency and there is one subject involved.
The Town Council is the legislative body of the Town and has legislative powers, except those powers related to zoning and planning issues. The Council can contract services with other political subdivisions of the State
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Town Council Work Session
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6. A. (Continued)
of Connecticut. It also has the power to repeal ordinances and create or abolish boards and committees, except those that are provided by the Charter. It has the power to adopt national codes, such as the Building Code.
The Council has the power to investigate any and all departments, offices, and agencies of the Town. It also has the power to issue subpoenas.
Regarding administrative services, the Council has to go through the Town Manager in dealing with subordinates unless it occurs at a public meeting with the Town Manager in attendance.
The Town’s Auditors are appointed for a two-year term and conduct an audit annually.
There is what is referred to as the “power of initiative” and the “power of referendum,” where residents can petition the Council for an ordinance. Ten percent of the voters’ signatures would need to be obtained, and twenty percent of the voters from the last election would need to participate in order for the ordinance to become effective. Such a procedure cannot be used to set the tax rate, set compensation, or remove appointments.
The Council appoints all Boards and Commissions, other than those listed in the Charter.
The Council has the power to initiate a referendum with bonds, notes, sales or conveyance of real property valued at over $25,000. As far as appropriations, the Council can exceed the budget up to $25,000. If it wishes to add to the bottom line after the budget has been adopted, six affirmative votes would be necessary, as well as a public hearing. A public hearing would not be necessary if that number was less than $25,000. In an emergency, that number can go to $50,000 over and above the budget, but six affirmative votes and a public hearing would be necessary.
The Town Manager presents the budget to the Town Council no later than March 22nd and to the Board of Education no later than March 15th. A
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6. A. (Continued)
budget must be prepared for the Board of Education Public Hearing by April 15th.
The Town Council can approve transfers between departments, provided it does not go beyond the bottom line of the budget. The Town Manager can only make transfers within departments.
The Town Council sets the tax rate and appoints the rate maker, who is usually the Town Manager. If there is a lapse of appropriation, it goes to the General Fund’s fund balance. This means that if $30 million is budgeted, but it is only $26 million, and the budget has not been readjusted for other expenses, then the amount goes as a surplus into the General Fund. The only thing which would not lapse would be capital projects. Capital projects can go from year to year. If there is a balance in capital projects for more than three years, then the Council has the right to put it back into capital for another project or it lapses into the bottom line of the General Fund.
The Manager is required, under the Charter, to have job classifications for every employee, and they are approved by the Town Council. They list salary ranges—a beginning range, as well as an ending range. The Manager has to prepare rules and regulations with regard to sick time, vacation time, etc.
There are formal Town Council Rules and Procedures, which were last updated in January of 2002. The Council can make changes to these with a majority vote as long as they follow the Charter, State Statutes, etc.
Atty. Guliano then addressed the subject of ethics and distributed copies of the “Code of Ethics” to new members of the Council. The ethical requirements which affect the Town Council appear in three places: in the Town’s Code of Ethics (which is actually an ordinance which the Town has adopted), in a provision of the Town Charter; and in the State Statutes.
The Town Council’s committee, the Ethics Committee, has the specific responsibility for giving advisory opinions and for looking at situations to determine whether they are conflicts or ethical violations.
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Town Council Work Session
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January 5, 2004
6. A. (Continued)
This committee is made up of three Council members and the Town Attorney. The Town Attorney is not a voting member but assists the Committee in providing legal advice. Stating that although he is happy to provide legal opinions, Atty. Guliano suggested that if something is substantial, it is better to go to the Ethics Committee.
Often individuals will say that they are not influenced by knowing someone. It is an object of standard. The issue is reasonableness—does it appear to a reasonable person that someone who knew an individual or has a financial involvement would have a potential conflict. The issue of public trust must be kept in mind. If it is something that doesn’t look right, the public would have questions about it, then it is probably be better for you not to be involved.
Some of the ethical questions are quite simple, while others are very cloudy.
Those individuals covered by the Code of Ethics include the Town Council, every Town employee, and every Town official. For some reason, however, Justices of the Peace have been exempted.
The following seven categories of conduct are covered by the Code of Ethics:
You cannot use public property for your own personal use, or personal purpose, or unauthorized purpose.
You cannot use your position to give special consideration or advantage to someone, which consideration or advantage is not available to someone else.
The Work Session was recessed in order to call the Regular Meeting to Order. Following the presentation of Proclamations to Mark and Jeffrey Schneider, National Winners of the 2003/2004 Siemens Westinghouse National Competition, the Regular Meeting was then recessed and the Work Session was reconvened.
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Town Council Work Session
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January 5, 2004
6. A. (Continued)
You cannot participate in any discussion or any vote which would be a conflict of interest. You cannot do this intentionally or with reckless disregard. A conflict of interest is defined as “having a personal or financial interest or involving a close relative or business associate.”
Just because you have a financial interest does not mean that you have a conflict of interest. The courts say that if your interest is no different than anyone else in Town, then it is not a conflict. The closer it gets to affecting you personally, the closer it is to being a conflict.
You cannot be financially interested in any contract to which the Town is a party. The exception is if it is a contract that is awarded by competitive bidding.
You cannot disclose confidential information for your own use or for personal gain.
You cannot accept gifts or favors which may tend to influence you. The Town has no monetary limits. The State does have monetary limits – it is okay if the gift is valued at $10 or less or no more than $50 per year.
You cannot appear before the Town Board that you are a party to while you are sitting as a member or for one year following your membership.
There is also a provision of the Town Charter, Section 1001, which calls for the disclosure of certain interests. This indicates that if a person has, or may have, a significant financial interest, and the interest is direct or indirect, in any contract, transact or agency decision, then you must immediately disclose that fact to the Town Clerk in writing. The Town Clerk provides information to the Town Council.
Executive Session – To be held during the Regular Meeting.
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Town Council Work Session
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January 5, 2004
8. Adjournment
A motion to adjourn was made at 8:15 p.m. It was duly seconded and was unanimously approved.
Respectfully submitted,
Merlyn P. Guild
Assistant to the Clerk of the Council
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