TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 March 15, 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 8:00 p.m., recessed the Regular Meeting in order to finish the Work Session. The Regular Meeting reconvened at 8:30 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. Amanda Makol who is a Junior at South Windsor High School came before the Town Council to request that Town Council vote in favor of the single tiered busing for the South Windsor Public School system which in turn would help to create an 8 period schedule for students that wish to have that.
Mr. Larry Torff, 521 Quarry Brook Drive came before the Council Mr. Torff stated that the following: 1) the sewer user fees should recover all the costs associated with equipping, financing, operating and maintaining the Water Pollution Control facility; 2) Future capital outlays small to intermediate in size such as pumping stations should be financed to be a capital reserve fund derived from the sewer fee; 3) Out of Town users should not have their fees subsidized by South Windsor property taxpayers; 4) The Town council should be a part of the appropriation approval process; and 5) The rapid escalation in sewer fees is troubling and sharper focus should be put on how the costs are managed, not splitting the costs into two different bills.
ITEM:
5. Public Input (continued)
Ms. Nancy Yario from Andreis Trail mentioned that the Dog Park continues to be a nuisance with noise, cars and safety issues. Ms. Yario questioned who’s jurisdiction the strip of town owned land to the rear of her home is because her and her neighbors would like some type of buffer planted to block out the noise from the Dog Park. Ms. Yario also felt that there should be a user fee associated with the Dog Park which would cover all maintenance costs.
Mr. Galligan, Town Manager stated that he will pull the maps for the Andreis Trail area to make a determination who has jurisdiction of the strip of land behind Ms. Yario’s home. Mr. Galligan also stated that the Dog Park is presently funded by Friends of the Dog Park, but he would check to see what the maintenance costs are.
Mr. Don Gonsalves, 40 Bayberry Trail came forward. Mr. Gonsalves stated that he feels the Town Council should put more facts in the resolution opposing the Connecticut Water rate increases. Regarding The NuWay Tobacco Company assessment agreement, Mr. Gonsalves wanted to know why the assessment for a $2,000,000. real property is only worth $649,000. The last item that Mr. Gonsalves questioned is why the Town of South Windsor should expand the Senior Center to accommodate people from other towns.
6. Environmental Health & Safety
Councillor Hale informed the Council and public that there will be a tour for a zero energy challenge home. The Connecticut Clean energy Fund and other private organization are sponsoring a tour of a home in New Hartford, Connecticut on Saturday, April 10, 2010 from 12:00 p.m. to 4:00 p.m. for a home that has a number of environmentally friendly types of products in the home. Anyone interested in tickets should call (860) 623-5487.
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 March 1, 2010; Public Hearings (3) of March 1, 2010; and Regular Meeting of March 1, 2010.
Was made by Councillor Prague
Seconded by Councillor Hale
The motion was approved, unanimously
ITEM:
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Communications and Reports from Town Manager
Town Manager, Matthew Galligan reported on the following items:
- The Council has received a report from the Animal Control Officers who have surveyed residents in the Scott Drive and Farm Brook Lane neighborhoods regarding coyotes. The report is in the Town Council packets.
- Clean Water Fund contracts have been signed and the grant is in place. The DEP has agreed and is endorsing that the bonds will be paid by the good faith and credit of the Town, which means that it will come from taxes. The Town does not have to put up a $2.8 million dollars in a reserve fund because the Town will not be using sewer user fees.
- The Town Council will be receiving the budget on Friday, March 19, 2010. The budget is showing a worse case scenario, but there are policy decisions that need to be made by the Town Council.
- On March 16, 2010 from 7:00 p.m. to 8:30 p.m. there will be a Connecticut Studios Neighborhood meeting in the Council Chambers to discuss the project.
- The Town Council has received a legal opinion from the Town Attorney to clarify if there were any inconsistencies between prior opinion letters dated June 1, 2009 and February 24, 2010.
Mr. Galligan stated that the Town of South Windsor does allow out of town individuals to come and use South Windsor’s Senior Center. There are seniors from South Windsor who do use other Town Senior Centers also.
ITEM:
10. Communications and Reports from Town Manager (continued)
Councillor Delnicki stated that he appreciates the survey that was done by the Police Department regarding coyotes, but feels that one issued was missed in the report which is the calls for service and where calls originated from. Councillor Delnicki does not think the problem is limited to the Scott Drive and Farm Brook Lane areas.
Councillor Yagaloff stated that none of the Clean Water funds were in danger because of the policy decision at the last meeting by the Town Council. Neither the grants nor the low interest loan were in danger because the Town is going to use the full faith and credit of the Town to pay for those items. The legal opinion by the Town Attorney states that there is no inconsistency between the February opinion that he wrote and the June opinion he wrote. In June, the opinion had to do with WPCA’s authority to collect fees and the February the issue was about whether the Town Council could collect the new sewer plant costs through the full faith and credit of the Town and whether WPCA has the authority to collect fees for capital projects. Councillor Yagaloff stated that the WPCA does not have
authority to collect money for capital projects. The ordinance should be amended if WPCA is going to collect for capital projects. The Town Council can amend the ordinance to say that Town Council will approve the allocation of capital projects, but WPCA will recommend them and if the Town Council approves the allocation then they may raise it in the fees.
Councillor McCann stated that he did not see in the approved resolution regarding the sewers any language which alerted residents that this was a major policy shift in how the town’s fees would be charged for the operation of the sewer system. There was no notice to the public that this type of policy change was going to be adopted or discussed. This was sprung upon the residents without an opportunity to be heard. Councillor McCann stated concerns voiced by residents. There is other out of town residents that use the sewer system and it seems that shifting the cost will eliminate their accountability to pay for sewer use fees. These are items that should have been researched and discussed before a policy decision regarding the sewer use fee was approved. Further study and gathering
of further facts should be done.
Councillor Hale stated that the resolution regarding clarifying the Sewer Fee Policy, the setting up of a formal Capital Improvement Plan, a Capital Projects Plan and corresponding financing plan for the Town of South Windsor Sewer Treatment Plant that was approved at the March 1, 2010 Town Council meeting saves the Town $2.8 million dollars. Water Pollution Control Authority Capital projects will be dealt with as all other capital projects are handled.
ITEM:
10. Communications and Reports from Town Manager (continued)
Councillor Prague felt that more discussion was necessary for this item and a public hearing should have been held
Mayor Pelkey stated that the Town Council should re-address the ordinance next. It is the Town Council’s intent to control policy.
Councillor Delnicki stated that he is disappointed that the Town Attorney was not present at this meeting to review his legal opinion that he had written on March 12, 2010 to clarify any perceived inconsistencies between prior opinion letters dated June 1, 2009 and February 24, 2010.
Councillor Favreau stated that the Water Pollution Control Facility supports all municipal buildings and she feels it is alright to have a portion of the fees in the taxes.
Councillor Yagaloff reiterated that the operations of the sewer plant will be paid for by sewer user fees. Capital projects are going to go through Town Council for appropriation. Operations of sewer plant will be paid for by sewer user fees.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Councillor Favreau, Liaison to Human Relations explained that Dr. Saud Anwar, who is the Chairman for Human Relations Commission, and his colleagues traveled to Haiti to bring medical supplies and provide medical procedures. They had 750 patients. Councillor Favreau will encourage Dr. Anwar and his colleagues to come before the Town Council to share this experience.
Councillor Hale informed the public that it is important to fill out and return the U.S. Census form.
ITEM:
13. Communications and Petitions from Council (continued)
It was the unanimous recommendation of the Council to reappoint the contract with Blum, Shapiro & Company as Town Auditor
Answering questions from the Council, Mr. Galligan explained that the Board of Education has control over Ayers Road field. The Board of Education stated that the field will only be used for high school sports, but an expert will be coming to evaluate the field to say how much level of play should be on the field and how many teams should be using the field. The Town does not have enough fields in South Windsor and this issue will be discussed further at a later date.
Deputy Mayor Havens stated he would like to honor Coach Hugh Greer’s memory with a trophy case that would be placed in Ellsworth Gym. Anyone with items that could be put into the case should contact Mayor Pelkey. On Saturday March 20, 2010 the South Windsor Rotary Club will be holding an auction. There is $200,000 worth of items to be auctioned with 450 people attending.
14. Public Participation
Mr. Walter Summers, Fire Marshal for the Town of South Windsor reminded residents to change their batteries in fire alarms this weekend when clocks are changed.
15. Consent Agenda - None
16. Unfinished Business - None
17. New Business
A. Resolution Approving a Tax Assessment Agreement with The NuWay Tobacco Company
WHEREAS, the Town of South Windsor’s Tax Partnership Program, established pursuant to Connecticut General Statutes Section 12-65B, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to retain and attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
(Resolution Continued on Next Page)
ITEM:
17. A. (continued)
WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to The NuWay Tobacco Company as an incentive to invest an estimated $7,500,000 in total costs, including $2,000,000 in land and building improvements and $5,500,000 in new personal property, to construct a 10-12,000 sq. ft. addition to their facility at 200 Sullivan Avenue in South Windsor
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and NuWay Tobacco Company reducing the amount of the real property assessment of the new addition to the facility to be constructed at 200 Sullivan Avenue, South Windsor, Connecticut, having an estimated assessment of approximately $646,900 to $776,280 on said new improvements by 70% for a period of seven (7) years; therefore the estimated assessed value would be approximately $194,070 to $232,884 on said new improvements for a period of seven (7) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in any future revaluation, in which case, the assessed value of said improvements to the real
property shall be reduced by 70% of said assessed value after revaluation; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers The NuWay Tobacco Company this Tax Assessment Agreement upon the condition that the business shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, The NuWay Tobacco Company agrees to refund the Town of South Windsor all of the tax savings described herein which the company has received.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
ITEM:
17. A. (continued)
Mr. Galligan explained that the assessment and the real property numbers in the resolution are only estimates until the building is complete and the Town Assessor does his evaluation.
Mayor Pelkey called for a vote on the motion; it pass on a Roll Call vote of 8 to 0 with Councillor Hale abstaining
- Resolution Waiving the Bid Process for the Purchase of 40 Memorial Trees to Celebrate the 40th Anniversary of Earth Day
WHEREAS, the Town of South Windsor wishes to provide an individual or a business with the opportunity to purchase and dedicate one or more of forty (40) Memorial trees so that Memorial trees can be planted in commemoration of the 40th Anniversary of Earth Day; and
WHEREAS, any individual or business who wishes to purchase one or more of these trees as a memorial, tribute or dedication to someone may do so for a cost of $200 per tree; and
WHEREAS, the Town of South Windsor wishes to plant Connecticut-grown trees; and
WHEREAS, in order to purchase and plant the Memorial trees before April 24, 2010, the bid process set forth in Section 714 of the Town Charter must be waived; and
WHEREAS, the Town Council, pursuant to Section 714 of the Town Charter, has determined that requiring the use of such bid process in this instance is against the best interest of the Town in completing this process by April 24, 2010
NOW, THEREFORE, BE IT RESOLVED that the Town Council has determined that the bid process required pursuant to Section 714 of the Town Charter for the purchase of forty (40) Memorial trees is not in the best interest of the Town of South Windsor and is hereby waived; and
(Resolution Continued on Next Page)
ITEM:
17. B. (continued)
BE IT FURTHER RESOLVED that Town Tree Warden, Karl E. Reichle is directed to negotiate and execute any and all contracts necessary to insure
that the forty (40) Memorial trees are purchased and planted by April 24, 2010.
Was made by Councillor Favreau
Seconded by Councillor Hale
Mr. Karl Reichle, Tree Warden for the Town of South Windsor came before the Town Council and explained that since this is the 40th Anniversary, the Town will purchase 40 trees that will be planted prior to the anniversary on April 24, 2010. Residents can come and pay for them to honor an individual and plaques will be erected.
Answering questions from the Council, Mr. Reichle stated that the trees will be purchased in Connecticut It will take 80 hours to plant the trees and Public Works has funds to maintain the trees for the next 3 years.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously
C. Resolution Opposing the Proposed 30.97% Overall Rate Increase by the Connecticut Water Company
WHEREAS, Connecticut Water Company, on January 6, 2010, filed an application with the Connecticut Department of Public Utility Control for a 30.97 percent overall rate increase over a 3 year period; and
WHEREAS, approximately two-thirds of the geographical area of the Town of South Windsor is within the Connecticut Water Company Franchise Area, and approximately one-third of the geographical area of the Town of South Windsor is within the Metropolitan District Franchise Area; and
WHEREAS, as the present water rate charged by Connecticut Water Company is $6.36 per 1000 gallons of water; while the present water rate charged by the Metropolitan District Commission is $2.83 per 1000 gallons of water, a situation that causes inequality among the residents of South Windsor that will only be made worse if the proposed 30.97% Connecticut Water Company rate increase over 3 years goes through; and
(Resolution Continued on Next Page)
ITEM:
17. C. (continued)
WHEREAS, water is the sustenance of life, and an increase of 30.97% over 3 years will place a substantial burden on the most vulnerable of our residents, our seniors, and families just making ends meet, not to mention the impact this will have on the Town Budget
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, acting on behalf of the citizens and taxpayers of South Windsor, is opposed to the proposed 30.97% overall rate increase application filed by Connecticut Water Company with the Department of Public Utility Control on January 6, 2010;and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Department of Public Utility Control for their consideration during deliberations on the proposed 30.97% rate increase.
Was made by Councillor Delnicki
Seconded by Councillor Bazzano
Councillor Hale offered a friendly amendment as follows:
WHEREAS, this rate increase would be in addition to rate increases from 2007 for 14.05% and 2008 for 11.95%
Councillor Delnicki accepted the friendly amendment, and the Resolution would read as follows:
WHEREAS, Connecticut Water Company, on January 6, 2010, filed an application with the Connecticut Department of Public Utility Control for a 30.97 percent overall rate increase over a 3 year period; and
WHEREAS, approximately two-thirds of the geographical area of the Town of South Windsor is within the Connecticut Water Company Franchise Area, and approximately one-third of the geographical area of the Town of South Windsor is within the Metropolitan District Franchise Area; and
ITEM:
17. C. (continued)
WHEREAS, as the present water rate charged by Connecticut Water Company is $6.36 per 1000 gallons of water; while the present water rate charged by the Metropolitan District Commission is $2.83 per 1000 gallons of water, a situation that causes inequality among the residents of South Windsor that will only be made worse if the proposed 30.97% Connecticut Water Company rate increase over 3 years goes through; and
WHEREAS, water is the sustenance of life, and an increase of 30.97% over 3 years will place a substantial burden on the most vulnerable of our residents, our seniors, and families just making ends meet, not to mention the impact this will have on the Town Budget; and
WHEREAS, this rate increase would be in addition to rate increases from 2007 for 14.05% and 2008 for 11.95%
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, acting on behalf of the citizens and taxpayers of South Windsor, is opposed to the proposed 30.97% overall rate increase application filed by Connecticut Water Company with the Department of Public Utility Control on January 6, 2010;and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Department of Public Utility Control for their consideration during deliberations on the proposed 30.97% rate increase.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
D. Resolution Authorizing the Town Council to Refer the Barber Hill Road/Podim Property/Hay Lot Lease Agreement for Barber Hill Road to the Planning & Zoning Commission as required under CGS Section 8-24 for a Report
WHEREAS, the Town of South Windsor has 14 acres of land on Barber Hill Road also known as Barber Hill Road/Podim Property Sledding Hill; and
WHEREAS, the Town of South Windsor wishes to lease 14 acres of this parcel for producing hay crops only; and
(Resolution Continued on Next Page)
ITEM:
17. D. (continued)
WHEREAS, the South Windsor Town Council has prepared a lease to that effect
NOW, THEREFORE, BE IT RESOLVED that the Council hereby refers the lease agreement to the Planning & Zoning Commission as required under CGS Section 8-24 for a report.
Was made by Councillor Havens
Seconded by Councillor Delnicki
Councillor McCann felt that leasing this hay lot will be an advantage to the Town in regards to income and also the hill will be mowed once a year to help with invasive species. At some point the Town can use this hill for recreational purposes.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously
- Resolution Authorizing the Town Council to Refer the R010 Barber Hill Road Land Lease Agreement to the Planning & Zoning Commission as Required under CGS Section 8-24 for a Report
WHEREAS, the Town of South Windsor owns 16.9 acres of farm land for farming on R010 Barber Hill Road; and
WHEREAS, the South Windsor Town Council has prepared a lease agreement for the purpose of leasing the said property at R010 Barber Hill Road
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby refers the lease agreement to the Planning & Zoning Commission as required under CGS Section 8-24 for a report.
Was made by Councillor McCann
Seconded by Mayor Pelkey
The motion was approved, unanimously
ITEM:
17. New Business (continued)
F. Resolution Approving a Refund of Taxes to Fifty (50) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fifty (50) South Windsor Taxpayers, the total of said refunds being $19,931.44, and as more fully described on attached Exhibit A.
Was made by Mayor Pelkey
Seconded by Councillor Delnicki
The motion passed on a Roll Call vote of 7 to 0 with Deputy Mayor Havens and Councillor Hale abstaining
18. Passage of Ordinance
A. Resolution Adopting an Amendment to Section 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission” (tabled from 2/16/2010 meeting)
BE IT RESOLVED that the South Windsor Town Council hereby adopts an amendment to Sections 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission”, said Ordinance more fully described in attached Exhibit B., a copy of which is on file in the Office of the Town Clerk.
Was made by Councillor Prague
Seconded by Mayor Pelkey
Councillor McCann stated that if the purpose of this ordinance is to increase the fees he does not feel this is the right time to be doing that.
Councillor Hale said that she shares Councillor McCann’s concern regarding raising fees, but she had spoken with Marcia Banach who is the Director of Planning and found out that the Town is losing money because of legal notices. The fees have not been adjusted for ten years.
(Resolution Continued on Next Page)
ITEM:
18. A. (continued)
Councillor Yagaloff felt that taxpayers should not be paying for applicant’s applications
Council members discussed different components of the Ordinance and stated their view on this Ordinance. Council members then discussed in length how to structure fees in order to cover the Town’s requirement to advertise legal notices in the newspaper.
Mayor Pelkey suggested an amendment to the ordinance to read that the Town will keep the current $65.00 application fee, but in addition, each applicant will pay for legal notices and state fees. There was not second so the motion to amend failed
At 11:00 p.m. Mayor Pelkey made a motion to extend the meeting. Councillor Hale seconded the motion, the motion failed (Councillor Delnicki said nay) and the meeting ended.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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