TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 August 2, 2010
TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Pelkey called the Special Meeting to order at 7:00 p.m.
2. Roll Call
Members Present: Mayor John Pelkey
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kathryn Hale
Councillor Kevin McCann (arrived at 7:45 p.m.)
Councillor Cary Prague (arrived at 7:04 p.m.)
Councillor Keith Yagaloff
Members Absent: Deputy Mayor Edward Havens
Also Present: Matthew B. Galligan, Town Manager
3. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and stated the following points:
- Hopeful that the Town Council would not have another long Executive Session and leave the audience waiting.
- There was not enough information provided for the Energy Management Library and why $100,000 needs to be spent.
- Does not understand why there is a Resolution with the transfer for the Town Clerk’s account
- If the Town Council can not control the Police overtime, funds should be left in the budget because there is a lack of control over this account.
4. Communications
None
ITEM:
At 7:06 p.m. Councillor Hale made a motion to go into Executive Session to discuss negotiations between the Town of South Windsor and South Windsor Police Union, Local 1480, Council 15 AFSCME, AFL-CIO; discuss tax assessment agreements for hotels; and discussion of documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. § 1-200(6) and 1-210 (b) (5) (B) regarding The Connecticut Studios project. Councillor Favreau seconded the motion; and it was approved, unanimously.
The following individuals went into Executive Session: Mayor Pelkey, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Prague, Councillor McCann, Town Manager Matthew Galligan, Mr. Dan Marsh who is a consultant for The Connecticut Studios project and Mr. Craig Stevenson who is the Economic Development Coordinator.
At 8:40 p.m. Councillor Hale made a motion to adjourn the Executive Session. Councillor Favreau seconded the motion; and it was approved, unanimously.
6. Special Unfinished Business
A. Resolution Approving the Transfer of $100,000 from the Capital and Non-Recurring Expenditure Account to the Energy Management Library Capital Project Account (tabled from the July 19, 2010 meeting)
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:45 p.m. on July 6, 2010, hereby approves the transfer of $100,000 from the Capital and Non-Recurring Expenditure Account to the Energy Management Library Capital Project Account to cover the cost of the Energy Management Library.
Was made by Mayor Pelkey
Seconded by Councillor Hale
Mayor Pelkey made a motion to amend the Resolution as follows:
WHEREAS The South Windsor Town Council acknowledges that the heating and air conditioning system at the library is 15 years old and nearing the end of its useful life; and
(Resolution Continued on Next Page)
ITEM:
6. A. (Continued)
WHEREAS during the 2010-11 Capital Projects budget process a $100,000 allocation was earmarked for Capital Non-Recurring funds to address the heating and air conditioning system at the library which required a public hearing and vote of the Town Council before the final allocation of the expenditures could occur; and
WHEREAS during this process sufficient issues where raised as to the need to immediately install the new system verses the potential to extend the life of the system another year or more by making minor repairs from time to time; and
WHEREAS the Town Council wishes to hold back on the immediate funding of the entire $100,000 at this time but also wishes to allow the Maintenance Department to be prepared in the event the current system needs to be completely replaced quickly; and
WHEREAS the Town Council also wishes to give some guidance to our Maintenance Department as to the point in time when a total replacement of the system makes sense and should take place verses time to time repairs
NOW THEREFORE BE IT RESOLVED that in order to avoid an extremely difficult time line should a catastrophic failure of the system occur, the Maintenance Department is hereby authorized to immediately expend up to $15,000 to design a new system which they estimate could take up to two month to accomplish; and
BE IT FURTHER RESOLVED that the Maintenance Department provide as part of their regular portion of the Town Manager’s report to the Town Council updates on all service calls and associated cost for parts and labor plus any major deterioration of the system that comes to their attention based on their inspections and repairs; and
BE IT FURTHER RESOLVED that any single repair that requires an outlay of $10,000 or more would warrant the immediate need to replace the entire system in accordance to the design plan they have been authorized to conduct within this resolution and no further action by the Town Council would be required to do so.
(Resolution Continued on Next Page)
ITEM:
6. A. (Continued)
Councillor Hale seconded the amendment to the Resolution.
Mayor Pelkey explained that based on the conversation from the previous meeting, this amendment would allow the Maintenance Department to be prepared in case there is a major issue that occurs with the system, but if there are no problems the Town will be stretching the use of the system as long as possible.
Councillor Yagaloff questioned if another amendment would be necessary because it is not the heating and air conditioning system that is 15 years old, it is the monitoring system.
Council members discussed how the system works.
Answering questions from the Council, Mr. Clay Major who is the Facilities Manager for the Town explained that this system is very specific and the Town would not be able to take a design from a twelve year old system and use that same technology on a new system. An Engineer would need to design the system for the Town which was estimated at a cost of $15,000.
Council members then discussed the service calls on the system. Mr. Major explained that at the previous meeting he was asked to guess what the cost of repairs would be and he did guess $100.00 an hour for service technician if there was a minimum.
Councillor Yagaloff stated that every building in town is on the automation system and has the potential of having a furnace fail at any time.
Councillor Delnicki stated that he is puzzled by the cost of $15,000 to write a program because the Town already has predefined zones, the characteristics and settings that are already used for the old system. Councillor Delnicki felt that it is tougher to start from a blank board. Mr. Major stated that he is unable to engineer the system and if an Engineer is not hired to design the system then this project will not be able to be done.
(Resolution Continued on Next Page)
ITEM:
6. A. (Continued)
Councillor Delnicki then stated that the Town has a service contract where the Town pays a flat fee for the year for service calls provided the certain item is covered under the service contract. Therefore, Councillor Delnicki made an Amendment to the Resolution as follows (amendment highlighted in the paragraph):
BE IT FURTHER RESOLVED that the Maintenance Department provide as part of their regular portion of the Town Manager’s report to the Town Council updates on all service calls and associated cost for parts and labor that are not covered by the service contract plus any major deterioration of the system that comes to their attention based on their inspections and repairs and;
Mayor Pelkey accepted the Amendment as a friendly amendment.
Mayor Pelkey explained that the Town Council is requesting that Mr. Major provide the amount of service calls within a month and how many were covered by the service contract and how many were not. The calls that were not covered by the service contract should also include how much the service call cost. This will give the Council a way to track what is happening here and if a new system is warranted or not.
Answering further questions from the Council, Mr. Major explained that if the Town replaces this system as it stands right now there will be some savings. If the system fails completely the Town will receive additional savings from an incentive from C L & P based on the fact that there is no control over the building. There would also be a slight savings in the yearly operating costs.
Councillor Hale stated that if the pipes froze there would be a lot of items ruined by water. This resolution is a contingency plan and the goal is to not spend the funds before it is necessary. The Town will need a plan in place in case something major goes wrong and should be prepared to act quickly without having another Town Council meeting. Councillor Hale then suggested that the Town investigate other methods for energy savings.
(Resolution Continued on Next Page)
ITEM:
6. A. (Continued)
Mr. Major explained how the incentive plan from CL & P would work. The incentive would be based off of what the Town is doing and would be given to the Town whether the system fails or not. The Town would have to have an outsourced individual come in and do a comprehensive study for the project in order for the Town to receive the incentive.
Councillor Yagaloff reiterated what the circumstances are with this item saying that the Town has an existing system and the system is nearing its useful life. The Town has an option of either replacing the system now or allowing it to run another year or two. There is a possibility of failure, but right now system is working with maintenance.
Mayor Pelkey called for a vote on the Amendment; it was approved, unanimously.
Mayor Pelkey then called for a vote on the Amended Resolution; it passed on a Roll Call Vote of 6 to 2 with Mayor Pelkey, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor McCann and Councillor Prague voting in favor of approval; and Councillor Bazzano and Councillor Yagaloff voting in opposition of approval.
The Resolution to read as follows:
WHEREAS The South Windsor Town Council acknowledges that the heating and air conditioning system at the library is 15 years old and nearing the end of its useful life; and
WHEREAS during the 2010-11 Capital Projects budget process a $100,000 allocation was earmarked for Capital Non-Recurring funds to address the heating and air conditioning system at the library which required a public hearing and vote of the Town Council before the final allocation of the expenditures could occur; and
WHEREAS during this process sufficient issues where raised as to the need to immediately install the new system verses the potential to extend the life of the system another year or more by making minor repairs from time to time; and
(Resolution Continued on Next Page)
ITEM:
6. A. (Continued)
WHEREAS the Town Council wishes to hold back on the immediate funding of the entire $100,000 at this time but also wishes to allow the Maintenance Department to be prepared in the event the current system needs to be completely replaced quickly; and
WHEREAS the Town Council also wishes to give some guidance to our Maintenance Department as to the point in time when a total replacement of the system makes sense and should take place verses time to time repairs
NOW THEREFORE BE IT RESOLVED that in order to avoid an extremely difficult time line should a catastrophic failure of the system occur, the Maintenance Department is hereby authorized to immediately expend up to $15,000 to design a new system which they estimate could take up to two month to accomplish; and
BE IT FURTHER RESOLVED that the Maintenance Department provide as part of their regular portion of the Town Manager’s report to the Town Council updates on all service calls and associated cost for parts and labor that are not covered by the service contract plus any major deterioration of the system that comes to their attention based on their inspections and repairs; and
BE IT FURTHER RESOLVED that any single repair that requires an outlay of $10,000 or more would warrant the immediate need to replace the entire system in accordance to the design plan they have been authorized to conduct within this resolution and no further action by the Town Council would be required to do so.
B. Resolution Accepting Open Space within the Kilkenney Heights Subdivision (tabled from the July 19, 2010 meeting)
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for 6.5 acres of open space within the Kilkenney Heights Subdivision.
Was made by Councillor Prague
Seconded by Councillor Bazzano
(Resolution Continued on Next Page)
ITEM:
6. B. (Continued)
Councillor Hale informed the Council that the issue with respect to the environmental status of this property has been corrected.
Mayor Pelkey called for a vote on this Resolution; it was approved, unanimously.
7. Special Unfinished Business
A. Resolution Approving the Transfer of $175,000 from the Capital and Non-Recurring Expenditure Account to the Recreation Capital Projects Account
BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 7:15 p.m. on July 19, 2010, hereby approves the transfer of $175,000 from the Capital and Non-Recurring Expenditure Account to the Recreation Capital Projects Account to cover the cost of Recreation projects.
Was made by Councillor Hale
Seconded by Councillor Favreau
Councillor McCann questioned why Recreation projects are being paid for out of Non-Recurring account rather than out of the Special Revenue Fund? Town Manager Matthew Galligan explained that the $175,000 is for the Recreation Master Plan that was developed previously and every year funds have been taken for this from Capital Funds.
Mayor Pelkey added that the Town has been funding the capital projects for many years.
Mr. Ray Favreau, Director of Parks & Recreation stated that the Special Revenue Fund is a separate fund which is programmatic. The Recreation Fund Balance is used for administrative fees. At times the Special Revenue Fund has been used for small projects and improvements.
Councillor McCann stated that he does not understand the full purpose of the Special Revenue Fund which in the past has been used for small projects and improvements.
(Resolution Continued on Next Page)
ITEM:
7. A. (Continued)
Mayor Pelkey explained that when the Special Revenue Fund was used for capital projects it was extraordinary circumstance. The only difference this year is the Town Council took capital projects and put them into capital non-recurring in order to give Town Council members the ability to know where funds are going. What is being proposed today has been the same concept for the past ten years.
Town Manager Matthew Galligan added that this is not part of the Recreation Department budget but part of the Park & Recreation Commission budget. The Commission is requesting the Council to fund certain capital needs which is under the Recreation Master Plan and is enjoyed by the whole Town. This item is not generated or controlled by the Special Revenue Fund.
Councillor McCann suggested that the Council review what the policy is for the use of the Special Revenue Fund, what is the purpose of that fund, what kind of projects it funds and does it fund capital projects.
Councillor Hale stated that she does not have a problem with the concept of this Resolution, but is having trouble putting $175,000 towards miscellaneous Recreation Capital projects at the same time when funding for road repairs has been voted down. More people use the roads than use the recreation facilities and although this Resolution is good long term planning, the Town Council has not adequately funded road repairs so Councillor Hale stated she would be voting against this item.
Mayor Pelkey called for a vote on this Resolution; 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 approval; and Councillor Hale voting in opposition to approval.
ITEM:
7. Special New Business (Continued)
- Resolution Appropriating $1,100,000 for Handicapped Accessibility Code Compliance Renovations and Improvements at South Windsor High School and Authorizing the Issuance of $1,100,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose, and as more fully described in attached Exhibit A.
Was made by Councillor Delnicki
Seconded by Mayor Pelkey
Mr. Patrick Hankard, Director of Building Operations for South Windsor Public Schools came before the Town Council to update the Council on this item. The time line was as follows:
- On October 4, 2007 the South Windsor High School was reviewed by the Federal Office of Civil Rights which was conducted by Dr. Adrian Woods who is a Consultant to the Office of Civil Rights and Craig Smith who is a Plan Reviewer for the State Department of Education.
- Board of Education received their notice of findings on December 12, 2007.
- In May of 2009 funding was approved through the Capital Projects Committee for an Architectural Study of solutions to the citation and cost estimate.
- On July 12, 2010 the Board of Education received report from Lawrence Associates.
- On July 19, 2010 a notice of what actions would be taken was forwarded to State along with South Windsor’s intent to go to referendum.
Mr. Hankard then explained that the fields are going to require $248,700 to update and be accessible, the fire alarm system needs to be replaced at an estimated cost of $275,000, work stations will need to be placed in various classrooms, as well as parking and site improvements and $120,000 for contingency.
(Resolution Continued on Next Page)
ITEM:
7. B. (Continued)
Answering questions from the Council, Mr. Hankard explained that the reimbursement rate for this project is 45%. Mr. Hankard stated he does not know exactly what the ramifications would be if the high school was not compliant with ADA laws, but his suspicion is that the Federal Government would at least threaten to withhold funding for both the Town and School.
Mayor Pelkey stated that approval of this would allow the funding to bring the high school up to code as far as ADA compliance standards which includes the ability for hearing impaired individuals to tell if there is a fire alarms going off by using visual signals. This would also give handicap accessibility to fields.
Councillor Favreau stated that she would be in favor of this Resolution because as a mother of a handicap student that graduated in 1999 from South Windsor High School these are necessary items that should have been done previously.
Councillor Hale stated that she too is in favor of this Resolution and informed the Council that Mr. Hankard has attempted to negotiate items out of the list or has checked to see if there were cheaper solutions. Mr. Hankard added that there are still a number of items in here that he is going to request a waiver from the State because the total cost to accomplish the correction would be completely out of the ordinary. Mr. Hankard then told the Council other items that are on the list are $144,000 in accessible work stations, $111,800 in miscellaneous items, and $25,000 for site work.
Councillor Prague stated that he would be voting favorably for this item, but it bothers him that an outside entity comes in and tells us how to run our Town. The building is approximately 40 years old, but the elementary schools are even older.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
(Resolution Continued on Next Page)
ITEM:
7. Special New Business (Continued)
- Resolution Providing for Referendum of Town Electors
BE IT RESOLVED that the Resolution entitled “Resolution Appropriating $1,100,000 for Handicapped Accessibility Code Compliance Renovations and Improvements at South Windsor High School and Authorizing the Issuance of $1,100,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, heretofore at this meeting adopted, be submitted to the Town Electors for approval or disapproval at a referendum to be held in conjunction with the general election to be held Tuesday, November 2, 2010, and that the warning of said referendum state the question to be voted upon as follows:
- “Shall the resolution entitled “Resolution appropriating $1,100,000 for Handicapped Accessibility Code Compliance Renovations and Improvements at South Windsor High School and Authorizing the Issuance of $1,100,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, adopted by the Town Council on August 2, 2010, be approved?”
The ballot label for said question will read as follows:
“Shall the resolution appropriating and authorizing bonds in the amount of $1,100,000 for handicapped accessibility code compliance renovations and improvements at South Windsor High School be approved? YES NO.”
Was made by Councillor Hale
Seconded by Councillor Favreau
Councillor Hale questioned if the Town Manager would question the Town Attorney if it would be appropriate to put into the question a reference to possible reimbursement? Mr. Galligan stated that he would ask the Town Attorney but it is his feeling that election laws may prohibit that and could look at it as the Town is trying to influence the vote. The Town should budget for the project and then get reimbursement.
Mayor Pelkey called for a vote on this Resolution; it was approved, unanimously.
ITEM:
7. Special New Business (Continued)
- Resolution Authorizing the Town Attorney to Draft Explanatory Text for the Upcoming Referendum Regarding the Handicapped Accessibility Code Compliance Renovations and Improvements at South Windsor High School
BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Town Attorney to draft explanatory text for the upcoming referendum regarding the handicapped accessibility code compliance renovations and improvements at South Windsor High School.
Was made by Councillor Bazzano
Seconded by Councillor McCann
Answering questions from the Council, Mr. Galligan explained that the explanation of field improvements should be included in Exhibit A.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
- Resolution Approving the Transfer of $148,329 from Various Accounts to Various Department Operating Budgets
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $50,000 from Public Works Parks Division full-Tim Salaries; $40,000 from Salary Contingency; $22,274 from Social Security Taxes; and $36,055 from Unemployment Taxes to the following department operating budgets, to cover expenditures for fiscal year 2009/2010:
- $220 to the Open Space Tax force Operating Materials account
- $9 to the Park & Recreation Commission Printing account
- $31,100 to the Town Clerk Full-time Salaries account
- $117,000 to the Police Operations Overtime account
Mr. Galligan stated that these are from last year’s budget and what was left over in these accounts. The Town was very lucky as far as revenues for taxes. Mr. Galligan then stated that he would receive the Audit Report in August.
ITEM:
7. Special New Business (Continued)
- Resolution Approving the Transfer of $40,961 from Various Accounts to the Capital Leases, Casualty and Liability Insurance, and Workers’ Compensation Budgets
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $21,000 from the Hydrants and Water Lines budget and $19,961 from the Pension budget to fund $5,474 in the Capital Leases budget, $8,232 in the Casualty and Liability Insurance budget, and $27,255 in the Workers’ Compensation budget, to cover expenditures for fiscal year 2009/2010.
Was made by Councillor McCann
Seconded by Councillor Yagaloff
The motion was approved, unanimously
G. Resolution Approving an “Agreement Between the Town of South Windsor and the South Windsor Police Union Local 1480”
BE IT RESOLVED that the South Windsor Town Council hereby approves the proposed “Agreement Between the Town of South Windsor and South Windsor Police Union, Local 1480, Council 15, AFSCME, AFL-CIO” for the period of July 1, 2010 through June 30, 2015.
Was made by Councillor Hale
Seconded by Councillor McCann
Mr. Galligan reviewed the updates to the contract.
Councillor McCann stated he feels this is a fair contract for both the Town and the Police Officers and he would support this Resolution.
Mayor Pelkey informed the Council and public that in the last contract he did abstain because his son-in-law was involved in the police contract, but he since has left to another police department so Mayor Pelkey stated he would be voting on this contract. Mayor Pelkey felt this to be a fair contract.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
ITEM:
7. Special New Business (Continued)
H. Resolution Referring the Town of South Windsor’s Proposed Upgrades to the Dry Pit Sewer Pump Stations to the Planning and Zoning Commission Pursuant to the Requirements of Section 8-24 of the Connecticut General Statutes
WHEREAS, the Water Pollution Control Authority has recommended to the Town Council that upgrades to the Dry Pit Sewer Pump Stations be done; and
WHEREAS, the Town Council intends to appropriate $1,950,000 for the design and construction of upgrades to the Dry Pit Sewer Pump Stations; and
WHEREAS, any plan that includes the use of Town monies, must first be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes
NOW, THEREFORE, BE IT RESOLVED that the upgrades to the Dry Pit Sewer Pump Stations be submitted to the South Windsor Planning and Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.
Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously
8. Adjournment
At 10:16 p.m. Councillor Hale made a motion to adjourn the Special Meeting. Councillor Delnicki seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
Attmt.: Exhibit A (Referendum for Dry Pit Sewer Pump Stations)
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