TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 December 20, 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
4. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Edward Havens
Councillor Gary Bazzano
Councillor Tom 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
Mr. Michael Sullivan, 24 Jared Court questioned who from the Town Council is on the Ethics Committee? Mayor Pelkey answered that Deputy Mayor Havens, Councillor Yagaloff and Councillor McCann are members of the Ethics Committee.
Mr. John Bassilakis, 220 Laurel Street stated that it is important for the public to come forward with questions to Town Council members. When people ask questions, they need to be educated, not degraded by Council members. Mutual respect is necessary.
6. Environmental Health & Safety Message
Councillor Hale cautioned anybody who is hunting to be careful and aware of others that may be around them.
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 December 6, 2010; Public Hearing of December 6, 2010; Special Meeting of November 29, 2010; and Regular Meetings of October 18, 2010 and December 6, 2010.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
Councillor Hale stated that she would be requesting verbatim minutes on various meetings and then made a Motion to Postpone the decision on the minutes until the January 3, 2011 meeting.
Council members discussed the obligation to post minutes on the Town website. Councillor Hale suggested that the minutes be posted as draft minutes on the website.
Councillor Delnicki made a Motion to Postpone consideration of the minutes until the January 3, 2011 meeting. Councillor Hale seconded the Motion and it passed on a Roll Call vote of 6-2 with 1 abstention as follows: Mayor Pelkey, Councillors Bazzano, Delnicki, Favreau, Hale and Yagaloff all voting in favor of postponing the decision on the minutes; Councillors Prague and McCann voting in opposition of postponing the decision on the minutes; and Deputy Mayor Havens abstaining.
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
ITEM:
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan reported on the following items:
- Manchester is the lead agency on the $500,000 grant for the Regional Dog Pound. There have been discussions of where to locate this facility but the old firehouse property on Sullivan Avenue is being reviewed.
- A certificate of occupancy was issued on the new firehouse.
- 2011/2012 budget is being worked on at this time. The Town has been working with Representative Sharkey.
Councillor Delnicki questioned if the old firehouse property is being marketing with two curb cuts on a State road? Mr. Galligan answered that there is an easement on one side that gives access to the back property and the other one which is the driveway.
Councillor Delnicki questioned if the final sale on that piece of property will that be subject to final approval by the Town Council? Mr. Galligan stated that could be put into the agreement. The bid has that the person has to close within 45 days, can not have outstanding taxes, and there has to be a meaningful development of the property.
Councillor Delnicki questioned if the Town of South Windsor hosts the Regional Dog Pound on the property on Sullivan Avenue, will the Town receive a sum of money? Mr. Galligan explained that he feels the Town would deserve something but this item is still in negotiations.
Answering further questions from the Council, Mr. Galligan explained that the voters of South Windsor voted to have the old firehouse go out to public bid. The property in front of the new firehouse will be sold but does not go out to bid. A sign will be posted when this property goes up for sale.
Councillor Bazzano requested that the Town Council receive an update on the Mobile property on Oakland Road.
Councillor Bazzano complimented Mr. Galligan on moving the Parks Department over to the Recreation Department. The improvements that have been made are incredible.
ITEM:
10. Communications and Reports from Town Manager
Mr. John Caldwell of the Parks Department came forward and reported on the Lawrence Road Park that the crews size vary and it will be a long task to clear that property. Lawrence Road is a job that is done to fill space when other items are done and there are usually four to six people that are working out there at a time. Mr. Caldwell stated he appreciates all of the work his crew does. Mr. Galligan added that the employees do not have some of the necessary equipment but are working on ways to save the Town money and get the projects done.
Answering further questions, Mr. Galligan explained that with the development of Fed Ex, the Town has requested that Sullivan Avenue not be used and only go out Kennedy Road with a traffic light. The property for the firehouse property that is being sold already had an appraisal done.
Councillor Prague requested that the Board of Education please send a DVD over to the IT Department so that the meetings can appear on Granicus. Mr. Galligan stated he would work with the IT Department on that.
Councillor Yagaloff stated that he has two sewer questions that he would like addressed in January. One was that the Town Attorney’s opinion on the commercial charges for the sewer and the opinion (from previous Town Attorney) stated that the commercial charges were not in compliance with the rules and procedures of the Water Pollution Control Authority. It is my understanding that WPCA has sent that out for another opinion (from Murtha Cullina) and would like the status on that.
Town Attorney Dwight Johnson explained that this issue has been being reviewed. There is a special act governing the WPCA and the Town which is inconsistent with the general statutes with respect to the powers of the WPCA. It is being researched and as soon as it is done will come back to the Town Council.
Councillor Yagaloff explained that the other issue is the first year of payments that are due for the Sewer Treatment Plant comes on line, the deal we had with the WPCA was that the Town Council would support the referendum and if the referendum passed, which it did, then instead of using the money that is in reserve for the referendum projects, a substantial amount of that money would be returned to the Town for the 2013 payment when the plant comes on line.
ITEM:
10. Communications and Reports from Town Manager
Councillor Yagaloff said he has heard that the money is being spent down from that reserve and will not be available to the Town to buffer the Town in 2013. Would like to get report back regarding this issue.
Mr. Galligan stated that it was felt that if the pump stations got passed some of that reserve money would be used towards the 1/20th payment. The original resolution said the Council has an obligation every year to sit down to figure out how much is going to be used for taxes and how much used for fees. The Town Council needs to get the sub-committee together to review this issue further. Mr. Galligan stated he would get a report on this issue and bring it back to the Town Council.
Councillor Hale felt that a marketing plan should be established for the various piece of property the Town owns. Councillor Hale requested that a general outline be established for each property with time frames. Councillor Hale also requested that since there is a lot of problems with the drainage along Sullivan Avenue and the Fed Ex building is being developed she would like to make sure the drainage is sufficient. Mr. Galligan explained that there is a lot of work to be done which will also require mitigation on the property.
Councillor Hale then stated that there is a situation with traffic lights on Oakland Road that one of our Town volunteers has mentioned. At Oakland and Foster when heading towards Vernon there tends to be a stack up of people trying to make left hand turn on Foster Street. Mr. Galligan explained that this item has been looked at and the Town can look at it again, but this is something that needs State approval.
Councillor Delnicki said he would like a discussion item at the next Town Council meeting regarding the new Firehouse property and the questions and concerns by both Inland Wetlands and Open Space Task Force. Councillor Delnicki also requested that both Inland Wetlands and Open Space Task Force be invited to the meeting for this discussion.
ITEM:
10. Communications and Reports from Town Manager
Mr. Galligan explained that the Town Council has two more items to do to complete all items necessary for the Connecticut Studios project. One is review and approval of the Development Agreement and the other is the Special Taxing District. Attorney Panico has a draft of the Special Taxing District which will be sent to the Council after comments from the Town Attorney and myself are complete. The Developers Agreement will be reviewed and approved by the Town Council also.
Mayor Pelkey stated that there is a general comment in here that if something comes up the concept will be floated with the people who will be buying the bonds to get feedback. Mr. Galligan explained that the feasibility study will still have to be done also. Items may have to come back to the Town Council for discussions and it is hopeful that all items will be done by mid January.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
Mayor Pelkey requested that the Town Council review the Matching Mini-Grant criteria that was sent about one month ago so that it can be discussed at a future Town Council meeting.
13. Communications and Petitions from Council
None
14. Public Participation
None
15. Consent Agenda
Councillor Favreau made a motion to approve Items 16. A. through 16. G. Councillor Hale seconded the motion; and they were approved, unanimously.
ITEM:
16. Unfinished Business
* A. Resolution Reappointing Cliff Slicer (D) an Alternate to the Board of Assessment Appeals
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Cliff Slicer (D) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2014
(Approved by Consent Agenda)
* B. Resolution Reappointing Cile Decker (D) to the Agricultural Land Preservation Advisory Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Cile Decker (D) to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2013.
(Approved by Consent Agenda)
* C. Resolution Reappointing Joseph Kennedy (D) to the Agricultural Land Preservation Advisory Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Joseph Kennedy (D) to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2013.
(Approved by Consent Agenda)
* D. Resolution Reappointing James Kupchunos (D) to the Agricultural Land Preservation Advisory Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints James Kupchunos (D) to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2013.
(Approved by Consent Agenda)
ITEM:
16. Unfinished Business (Continued)
* E. Resolution Reappointing Robert Waldron (D) to the Agricultural Land Preservation Advisory Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Robert Waldron (D) to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2013.
(Approved by Consent Agenda)
* F. Resolution Reappointing Sandy Jeski (D) to the Agricultural Land Preservation Advisory Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Sandy Jeski (D) to the Agricultural Land Preservation Advisory Commission for a term ending November 30, 2013.
(Approved by Consent Agenda)
* G. Resolution Reappointing Jean Klein (D) to the Historic District Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Jean Klein (D) to the Historic District Commission for a term ending November 30, 2015.
(Approved by Consent Agenda)
15. Consent Agenda
Councillor Favreau made a motion to approve Items 17. A. through 17. E. Councillor Bazzano seconded the motion; and they were approved, unanimously.
ITEM:
* A. Resolution Accepting the Resignation of Roseann Williams (D) an Alternate to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Roseann Williams (D) an Alternate to the Economic Development Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Roseann Williams for the time she has dedicated to serving her community by her membership on the Economic Development Commission.
(Approved by Consent Agenda)
* B. Resolution Appointing Gary Waterhouse (D) an Alternate 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 Gary Waterhouse (D) an Alternate to the Economic Development Commission for a term ending November 30, 2013 to fill an unexpired term of Roseann Williams and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
*C. Resolution Accepting the Resignation of Mark Abrahamson (D) a Full Member to the Planning & Zoning Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Mark Abrahamson (D) a Full Member to 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 Mark Abrahamson for the time he has dedicated to serving his community by his membership on the Economic Development Commission.
(Approved by Consent Agenda)
ITEM:
17. New Business (Continued)
*D. Resolution Appointing Mario Marrero (D) 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 Mario Marrero (D) a full member to the Planning & Zoning Commission for a term ending November 7, 2011 to fill an unexpired term of Mark Abrahamson and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* E. Resolution Appointing Gary Pitcock (D) an Alternate 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 Gary Pitcock (D) an Alternate to the Planning & zoning Commission for a term ending November 20, 2013 to fill the unexpired term of Mario Marrero and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
16. Unfinished Business
- Resolution Adopting a Town Council Policy Disabling South Windsor Town Council Members to be an Employee of or Consultant to Connecticut Studios LLC
WHEREAS, the Town Council has been working with Connecticut Studios LLC with the objective of providing financial and other assistance in connection with the development of motion pictures studios, mill space for set construction and storage, a visitor’s center, a hotel, restaurants, retail space and other facilities (the “Studios Project”) to be located within the I-291 Corridor District established in 2003 by the South Windsor Redevelopment Agency; and
(Resolution Continued on Next Page)
ITEM:
16. H. (Continued)
WHEREAS, the Town Council desires to avoid any appearance of impropriety or conflict of interest in connection with its evaluation of the Studios Project and actions and it takes with respect to the Studios Project including the issuance of any bonds in connection with the Project
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby adopts as a Town Council Policy that any member of the Town Council who participates in any Council discussions or votes on or after December 1, 2010 with respect to the issuance of tax increment revenue bonds or other bonds issued by the Town for the benefit of the Studios Project shall be disabled for a period of one (1) year from the date of the sale of any such bonds from becoming an employee of or consultant to Connecticut Studios LLC, any affiliate thereof or any other entity with a substantial financial interest in the Studios Project; and
Was made by Councillor McCann
Seconded by Councillor Bazzano
Councillor McCann stated that he felt it is important to bring this resolution forward in order to have a policy that informs the public in general that the Town Council members would not be benefitting directly from the Connecticut Studios project. The policy would prevent Council members from being employed by the Connecticut Studios for a period of time after any financing was approved by the Town.
Mayor Pelkey stated that he feels this is the wrong way to handle this item. The Town already has an Ordinance and is part of the Charter. The policy being suggested is unenforceable and since there is already a process in place this resolution would change nothing.
Mayor Pelkey suggested that this Resolution be tabled in order to set up a Sub-Committee to review this and amend the existing Ordinance.
ITEM:
16. H. (Continued)
Mayor Pelkey made a Motion to Table this Resolution. Councillor Favreau seconded the motion and it failed on a Roll Call vote of 3 to 6 with Mayor Pelkey, Councillor Favreau and Councillor Hale voting in favor of Tabling this Resolution; and Deputy Mayor Havens, Councillor McCann, Councillor Bazzano, Councillor Yagaloff, Councillor Delnicki and Councillor Prague voting in opposition to Tabling this Resolution.
Mayor Pelkey then made a Motion to Amend the NOW, THEREFORE, BE IT RESOLVED to read as follows:
that the Town Council hereby adopts as a Town Council policy that the following persons and entities shall be barred from activities listed in Section II: (1) any member of the Town Council, (2) any employee of the Town of South Windsor, (3) any Consultant to the Town of South Windsor, (4) any member of the Planning & Zoning Commission, (5) any member of the Redevelopment Authority, (6) any member of the Economic Development Commission who has participated in any discussions relating to the studio project at any time or (6) any spouse, child, parent, in-law, relative, employers of any of the four going persons or any corporation, partnership, LLC, LLP or trust in which any of the persons listed (1) through (6) above has any interest or any business partner or business affiliate or any close relative or business associated as
defined in Section 2-482 of the South Windsor Code of Ethics of any of the persons listed in (1) through (6) above or any close personal friend or associate of any of the persons or any of these listed in (1) through (6) above or any corporation of legal entity in which of any of the persons listed in (1) through (6) above is an employee, substantial investor, or owner, partner or beneficiary.
In Section II - I would like to read, all persons and entities listed in Section I, sub-sections (1) through (7) above shall be disabled for a period of three years from the date thereof from becoming directly or indirectly employee, LLC, business, partner, business affiliate, consultant, vendor, agent, representative, lessor, spokes person, paid volunteer, attorney, or law firm of to or for Connecticut Studios LLC or any affiliate thereof or any substantial investor of Connecticut Studios or any employee current or future thereof of any person or entity with a financial interest in the studio project .
In Section III - take the word substantial out so it will read: Not any entity with a financial interest and also in the bottom of it I will change the period from 1 year to 3 years
Second by Councillor Favreau
ITEM:
16. H. (Continued)
Mayor Pelkey explained that making this amendment would eliminate any suspicion of other members or any Board or Commission that this project has gone before as well as any member of our family, friends, associates, business partners, etc. This resolution should not be passed and existing Ordinance and Charter could be reviewed and changed if necessary.
Councillor Favreau stated there have been many projects that have been given tax forgiveness and Councillor Favreau questioned why Connecticut Studios is being singled out. The suggestion made by Mayor Pelkey regarding strengthening the existing Ordinance and Charter seems like a reasonable suggestion. These items should include restrictions in them that apply generally across the board, not specific to one project.
Councillor Yagaloff stated he would not be seeking employment at Connecticut Studios or be receiving any compensation from Connecticut Studios and would be supporting this resolution.
Councillor Hale stated that she does not have a job offer from Connecticut Studios and has prepared an affidavit saying “I am a member of the Town Council of South Windsor. I acknowledge that I have read the Town charter, Section 1001 and Section 20-480 of the Code of Ethics and that I am in compliance therewith”. Councillor Hale then stated that she does not have a substantial financial interest as defined in the Town Charter and Ordinance in the Connecticut Studios project.
Answering questions from the Council, Town Attorney Dwight Johnson explained that during discussions over the last several weeks with several members of the Council concerning this item it has been discussed whether a provision that is applicable only to the Connecticut Studios Project would be appropriate to be in an Ordinance. Generally Ordinances are appropriate for general rules that apply to a broad range of situations and would be in effect for a long period of time. Something tied specifically to Connecticut Studios would not necessarily be appropriate for an Ordinance. That is why a policy has been suggested. A policy of this sort would not be enforceable in my opinion. Can not say clearly whether the Charter would prohibit the Council from establishing a policy along these lines.
Reasons that the policy is believed to be unenforceable is because it is not clear whether a municipality and particularly South Windsor has the authority under State law to prohibit a
ITEM:
16. H. (Continued)
member of Council from being employed by someone for one year who appears before the Council. In Connecticut, municipalities only have powers that are granted by the State and it is not entirely clear that the State authorizes a municipality to do that. The other reason is because there is a reluctance on the part of the courts to enforce restrictions on the ability of someone to be employed especially in a case like this when the person is a volunteer Council members who receives no payment for agreeing to such a restriction such as this. Our law firm is not aware of any cases that specifically address this type of situation.
Councillor Hale stated she finds it interesting that potentially passing such a policy might be outside the powers of the Town under State law since there is no specific authority for the Town to have such a mechanism. Also although the Planning & Zoning Commission members have a rule against members representing clients who have appeared before the Planning & Zoning Commission, this does not bar them from ever working for an entity that appeared before the Commission.
Town Attorney Dwight Johnson explained that there are Federal and State laws that the Council is probably familiar with that do restrict the ability of a governmental official in certain cases from appearing back before the governmental body on which he or she served for a period of time. Mr. McCann’s reasoning for putting this item on the agenda was that if the Town were successful in negotiating with Connecticut Studios it would be a breach of Connecticut Studios agreement with the Town to employ a Council member.
Councillor Hale thanked the Town Attorney and then stated that she challenges Councillor McCann’s statement that this is not directed to anyone in particular. I have read his emails that expressed a concern about a phrase that said that some members of the public were concerned about the language by one of the Councillor this week who referred to being personally invested in this project. Councillor Hale questioned who the members of the public are that have expressed concern?
Councillor McCann responded by saying I believe that was the language used by a Councillor in one of the Town Council members.
ITEM:
16. H. (Continued)
Councillor Hale then questioned who among the citizens were upset with that? Councillor McCann explained that the purpose of the resolution is not to single out any particular Council member.
Councillor Hale asked if Councillor McCann told the person since you are a member of the Ethics Committee that the term personally invested does not appear in our Ethics Ordinance.
Councillor Prague made a motion to extend the meeting past 11:00 p.m. Councillor Delnicki seconded the motion. The motion failed and the meeting adjourned at 11:00 p.m.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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