TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 January 3, 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 8:07 p.m., recessed the Regular Meeting in order to finish the Work Session and then reconvened the Regular Meeting at 8:09 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Edward Havens
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kathryn Hale (left the meeting at 8:37 p.m.)
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council to complain about the loss of channel 16 through Cox Communications. Mr. Gonsalves felt that the Town should get involved by discussing this matter with Cox Communications and forwarding a notice to residents regarding this issue.
Councillor Prague explained that Mr. Gonsalves is right that if you have a digital television the channels are there. The channel is 117-173 to access channel 16.
Mr. John Bassilakis, 220 Laurel Street requested that the Town Council move forward quickly on agenda item 16. A. regarding the Town Council adopting a Policy Disabling Town Council Members to be an employee of or consultant to Connecticut Studios LLC because there are important issues that will be coming forward that need to be addressed. Mr. Bassilakis questioned the difference of the passage of this resolution versus an affidavit being signed by all members of Council.
ITEM:
5. Public Input (Continued)
Ms. Mary Etter, Director of the South Windsor Public Library came forward to announce that Library will begin its Winter POP Series with The Squid Jiggers on Saturday, January 15, 2011.
6. Environmental Health & Safety Message
None
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 Sessions of December 6, 2010 and December 20, 2010; Public Hearing of December 6, 2010; Special Meetings of November 29, 2010 and December 20, 2010; and Regular Meetings of October 18, 2010, December 6, 2010 and December 20, 2010.
Was made by Councillor Delnicki
Seconded by Mayor Pelkey
The motion was approved on a Roll Call vote of 7 to 0 with Deputy Mayor Havens and Councillor Hale abstaining
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 property at 124 Sullivan Avenue which is the old firehouse has been put out for a public bid. There were three interested parties who have received the necessary paperwork. The bid documents can be found on the Towns website or are available in the Town Manager’s Office.
ITEM:
10. Communications and Reports from Town Manager
- There is nothing new to report on regarding the Connecticut Studios. Bond Counsel is handling the Special Taxing District. That information will be forwarded to Council for comments and review.
- The vote on the I-291 plan of development will be redone with the Council because the wrong plan was attached.
- There is $1.4 million dollars in reserve right now for the sewer debt schedule. The sub-committee should get together soon to discuss this matter.
- The Superintendent will be sending the Board of Education meetings over to the IT Department in order to give the public the ability to view the meeting on Granicus.
- Have contacted Cox Communications regarding access to channel 16. Have raised issues with Cox Communications regarding giving the public the wrong information. A resolution should be passed to send to DPUC to say that there should not be charge for the cable box.
Mayor Pelkey suggested that this issue should be brought to CCM or CRCOG.
Mr. Galligan stated that the Town can do a bulk mailing regarding this issue and get it out to the residents and also suggested that the Mayor bring this issue up at the next CRCOG meeting.
Councillor Yagaloff stated that he is surprised that Cox is not focusing on their local network because that is one of the only incentives that they offered as an advantage of other competitors. There are other options that can be reviewed.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
Councillor Favreau stated that she had sent out an email to Council members regarding the Town Manager’s evaluation. Please send back comments as soon as possible so the Personnel Committee can meet and discuss the results.
ITEM:
13. Communications and Petitions from Council
Councillor Hale announced that she would be resigning from the Town Council and gave reasons behind her decision. Councillor Hale left the meeting at 8:37 p.m.
Mayor Pelkey stated that it is always sad when a Councillor resigns especially under the current circumstances. Councillor Hale has been a good friend and public servant for our Town. Mayor Pelkey said he appreciates all of her hard work and she will be missed.
Deputy Mayor Havens stated that Councillor Hale has worked very hard and the Town is losing a smart individual who offered a lot to this Town. Council members should be respectful to each other in the future.
Mayor Pelkey brought forward two ideas to the Council that he is hopeful will help the Town in the future. The first idea is the funding of Capital Projects. This concept is to increase this budget item a minimum of $250,000 each year with a goal to build the annual expenditure to about $5 million dollars. Once the Town has reached that goal and adjusting if from time to time for inflation, we as a Town could sustain it and have a steady revenue stream to fund just about every item listed on the capital projects master plan.
Councillor Prague stated that there has been a difference in opinions over the years regarding the budget. Both parties have chosen not to fund Capital Projects in order to give taxpayers relief. This is not a political choice, it was an economic choice. Councillor Prague said he agrees the Town Council needs to review how Capital Projects are funded.
Mayor Pelkey stated that the other idea is regarding the 2011-2012 Budget. Mayor Pelkey requested that all Council members come up with a bottom line budget number that each members feels comfortable with. The percentage that Mayor Pelkey said he feels comfortable beginning with a 2.1% increase which is the average increase over the last 6 years.
Mayor Pelkey set the following goals for this budget:
- Limit the overall tax increase to no more than the average increase over the last 6 years which is 2.1%.
- The Town Manager and Superintendent of Schools to work closely together on the budget.
ITEM:
13. Communications and Petitions from Council (Continued)
- Challenge the Town Council and Board of Education members to suggest high level ideas where it is believed there may be opportunities to save money, get better value or deliver better services with the existing budget.
- Have the public share their perception as to where they believe waste exists or little value is received.
- Council members to review the existing budget and determine if there are major sections that need dissection and should be explored in greater depths.
- Keep the fund balance above 6% by not using the fund balance to balance the budget.
- Provide road maintenance funding of at least $800,000.
Councillor McCann felt that both ideas are good. Town Council members need to determine what is a capital project and what is a maintenance item. There was mention of appropriating $800,000 for road maintenance. Councillor McCann felt that this item should not be part of the Capital Budget, but should be a part of the operating budget. Councillor McCann liked the idea of setting a goal for the maximum percentage for a tax increase. In the past Councillor McCann explained that he reviewed the cost of living increase for social security recipients as a guideline for the maximum amount that taxes should be raised.
Council members discussed shared services between the Town and Board of Education. Mr. Galligan explained tht discussions regarding shared services will continue, but not be part of the budget.
After a short discussion regarding HSA medical benetifs, Mr. Galligan stated he would get an updated report from Ovations which shows the savings if both the Town and Board of Education had HSA medical coverage.
14. Public Participation
None
15. Consent Agenda
Councillor Yagaloff made a motion to approve Items 16. B. through 16. D. Mayor Pelkey seconded the motion; and they were approved, unanimously.
ITEM:
16. Unfinished Business
* B. Resolution Appointing Gary Waterhouse (D) an Alternate to the Economic Development Commission
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.
(Approved by Consent Agenda)
* C. Resolution Appointing Mario Marrero (D) a Full Member to the Planning & Zoning Commission
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 ti fill an unexpired term of Mark Abrahamson.
(Approved by Consent Agenda)
* D. Resolution Appointing Gary Pitcock (D) an Alternate to the Planning & Zoning Commission
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 30, 2013 to fill the unexpired term of Mario Marrero.
(Approved by Consent Agenda)
ITEM:
16. Unfinished Business (Continued)
A. Resolution Adopting a Town Council Policy Disabling South Windsor Town Council Members to be an Employee of or Consultant to Connecticut Studios LLC (Continued from December 20, 2010 meeting)
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
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 that 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
BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to seek a binding commitment from Connecticut Studios LLC that neither it nor any affiliate of it or any other entity with a substantial financial interest in the Studios project will employ or compensate any member or former member of the Town Council who has participated in any Council discussions or votes with respect to the issuance of tax increment revenue bonds or other bonds for the benefit of the Studios Project, for a period of one (1) year following the date of the sale of any such bonds.
(Resolution Continued on Next Page)
ITEM:
16. A. (Continued)
Was made by Councillor McCann
Seconded by Councillor Prague
Councillor McCann explained that he brought this resolution forward in order to let the public know the Town Council’s intent which was not for personal interest of anyone on the Town Council. Councillor McCann stated that he was surprised that his resolution would cause so much controversy and does not want to tear this Council apart with this resolution. Although there were sufficient votes at the last meeting to pass this, Councillor McCann feels it is the right thing to refer this resolution to the Ethics Committee for their review. The Ethics Committee would come back to the Town Council within 30 days with a recommendation on approval, modification or non-approval of this resolution.
Councillor McCann made a motion to refer this Resolution to the Ethics Committee for their consideration and recommendation to the Council within the next 30 days. Councillor Delnicki seconded the motion.
Councillor Yagaloff explained that the difference between this resolution and an affidavit. The referral to the Ethics Committee has nothing to do with making decisions regarding this resolution. The Ethics Committee is only involved with determining whether or not there is a present conflict of interest and applying our ethics rules to this. Councillor Yagaloff would like the public to feel confident that there is no conflict of interest and nobody on the Council is taking a job with Connecticut Studios. If the Council wants to show the public that there is nothing going on behind the scenes and everything is out in the open, this resolution should be voted on tonight and should be passed.
Councillor Favreau stated that she does not disagree with the reason Councillor McCann may have brought this up, however this resolution is superfluous to the Charter and the Ordinance that is already established. Councillor Favreau felt establishing a sub-committee to review proposed changes to the Charter or Ordinance would be appropriate. This resolution is a policy only and may or may not be enforceable by law.
(Resolution Continued on Next Page)
ITEM:
16. A. (Continued)
Deputy Mayor Havens felt this resolution should be done with this evening. The Ethics Committee could come back with recommendation just as political as this resolution and may have the same type of arguments and discussions. This resolution should be voted up or down tonight.
Mayor Pelkey stated that all the Council members have principles and believe in serving the Town. The Council members have made decisions on other major important issues in the past and never has ethics been questioned. Mayor Pelkey explained that his suggestion at the last meeting was to establish a Special Committee to review the existing Ordinance and Charter.
Councillor McCann stated that the intent of his motion was to send this to Committee and if the Mayor prefers this to go to a Special Committee rather than the Ethics Committee he would have no problem with that. The purpose of sending this to a Committee would be to review this issue, put it into context of our conflicts prevention measures and to come back with a recommendation to Council with the hope that the recommendation that the Committee brings to Council can be supported unanimously by Council and if it were to address issues that go beyond Connecticut Studios for other projects that come along that would even be better. Councillor McCann stated he would take Mayor Pelkey’s suggestion of sending this to an established Special Committee as a friendly amendment.
Councillor Delnicki felt that there has been so much discussion regarding this issue that he feels it should be voted on tonight. A Special Committee should review this issue for future reference.
Councillor Favreau disagreed that this resolution should be voted on tonight and that the resolution should be brought to a Special Committee for review of the Charter and Ordinance.
Mayor Pelkey called for a vote on the Amendment. It failed on a Roll Call vote of 4 to 4 with Mayor Pelkey, Councillor Favreau, Councillor McCann and Councillor Prague voting in favor of the Amendment; and Councillor Bazzano, Councillor Delnicki, Deputy Mayor Havens and Councillor Yagaloff voting in opposition of the Amendment.
(Resolution Continued on Next Page)
ITEM:
16. A. (Continued)
Councillor McCann apologized to anyone who took this personally. The entire purpose of this resolution is to give assurance to the public that the Town Council is doing the publics business and only the publics business.
Mayor Pelkey stated it is not his intent to take a job with Connecticut Studios and this issue should not have to come before the Council. Mayor Pelkey said he would not vote on this item tonight.
Mayor Pelkey called for a vote on this Resolution. It failed on a Roll Call vote of 4 to 1 with 3 abstentions with Councillor Bazzano, Councillor Delnicki, Councillor McCann and Councillor Yagaloff voting in favor of approval; Deputy Mayor Havens voting in opposition of approval; and Mayor Pelkey, Councillor Favreau and Councillor Prague abstaining.
17. New Business
None
18. Passage of Ordinance
A. Resolution Adopting a Proposed Ordinance, a “Demolition Delay Ordinance”
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance, a “Demolition Delay Ordinance” said Ordinance more fully described in attached Exhibit A., a copy of which is on file in the Office of the Town Clerk.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
Councillor Yagaloff stated that he reviewed the Ordinance and felt that under Penalties, the last paragraph has a fine of $1,000 or imprisoned not more than six months, or both. Councillor Yagaloff stated he does not feel comfortable doing either of these. This would be a matter for the courts which is a legal decision and should not be an administrative decision.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Councillor Yagaloff suggested that the last paragraph be eliminated. Councillor Yagaloff questioned if Chairperson Ginny Macro had a problem with eliminated that last paragraph.
Ms. Macro stated that she felt this area would be something that would need to be reviewed by the Town Attorney but felt as long as there is a way to hault any activity moving forward it would be fine. Councillor Yagaloff explained that this section discussed penalties only.
Councillor Yagaloff made a motion to amend the Ordinance to eliminate the last paragraph under Section [n]-11 Violations and Penalties. Councillor McCann seconded the motion.
Councillor McCann agreed with Councillor Yagaloff that the Town should not be voting on an Ordinance that can result in imprisonment of our citizens or fining them $1,000 per violation.
Councillor Favreau agreed also with Councillor Yagaloff. The main purpose of this Ordinance is to try to institute a delay so that structures can be looked at before it is removed or destroyed.
Mayor Pelkey called for a vote on the amendment. The motion was approved, unanimously.
Councillor McCann stated that the Town already has buildings that are on the State or National Register of Historic places. The Ordinance puts restrictions on every building in Town once that building becomes 50 years old or more. The restrictions will be imposed by a Committee who is heavily influenced by preserving a building then providing a balance of individual property rights for the property owner. To preserve buildings in the historic district or ones on a National Register or State Register are fine. If this Ordinance were amended to provide for a procedure to identify buildings ahead of time then there would not be a problem with the Ordinance.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Councillor Favreau stated that there are many buildings that may not be on a historic destination or be in a historic district and may not be recognized for their significance until it comes to the point where they are going to be demolished. There has been a lot of change in the last 30 years and it is important to make sure that the buildings don’t get lost in the flow. This is a very well intended Ordinance and Councillor Favreau stated she would support this Ordinance with the amendment.
Mayor Pelkey explained that this Ordinance does not prevent homes from being torn down, but offers options. This Ordinance will also give the Historic District the ability to document the different buildings. Mayor Pelkey stated he understands property rights but thinks one of the things when someone owns a historic property is they have an obligation to history itself.
Ms. Macro came before the Town Council and stated that there is no process in Town for notification of the intent to demolish a historic building. In order to be designated a preferably preserved structure the building has to retain its original integrity, have historical associations or represent important historical themes in the community, or be a good representation of an architectural style so not all 50 year old buildings will have to go through the long process of this Ordinance. The 50 years is a standard that is used for the National Register applications or nominations, the State Register nominations and the historic resource reviews. In terms of how the process works is the application for demolition of a structure more than 50 years old is received in the Building Department. It is sent
to the Historic Review Committee who within 15 days of the date of the application determines if the building is significant or not significant. If it is determined not significant, the Building Department may issue the demolition permit. Within 25 days of the date of the application, the Historic Review Committee will hold a public hearing after public notification is published. Within 30 days of the date of application, the Committee will determine if the structure is preferably preserved. If not designated preferably preserved, the Building Department may issue the demolition permit. If it is decided that attempts should be as an alternative to demolition it can be delayed up to 180 days.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
Councillor Delnicki stated that he has a problem with the 50 year time frame. There were a lot of buildings built in 1960 which would have to go through this review.
Councillor McCann reviewed items regarding the Ordinance that he felt should be changed or had concerns regarding. There are a lot of protection in the Ordinance for buildings, but not a lot of protection for those who own those buildings.
Councillor Yagaloff made a motion to amend the provision of 50 years to be changed to 75 years. Mayor Pelkey seconded the motion.
Councillor Yagaloff explained that the office that his law firm is in is one of the last farm houses along Sullivan Avenue. The structure was built in 1880 and it was gutted but hopefully preserves something along Sullivan Avenue. Having 50 years would create a nuisance for a lot people whose home was built in 1960 if they would like to do a major renovation or demolish their home. It is more important to pass an Ordinance with the provision of 75 years and be able to preserve some structures.
Councillor McCann felt that the 75 year provision makes sense because it gives a generational aspect to the resolution. There needs to be some sort of immediate appeal beyond the Historic Committee for that initial determination of whether or not this is a preferably preserved building. There should be a mechanism to have a review of that determination to make sure that it is a reasonable determination with respect to the specific building in question.
Mayor Pelkey called for a vote on the amendment; it was approved, unanimously.
Mayor Pelkey made a motion to amend under Section [n]-6. Procedures, the first paragraph on page 7 to place a period after the word application and eliminate the remainder of the sentence. Councillor McCann seconded; and it was approved, unanimously.
(Resolution Continued on Next Page)
ITEM:
18. A. (Continued)
The paragraph to read as follows:
Upon notification by the Committee that the building or structure is Preferably Preserved, the Building Official shall delay the issuance of a demolition permit for no more than 180 days from the date of application.
Councillor McCann made a motion to amend Section [n]-6 Procedures, on page 6, after the bullets to insert a new paragraph stating that upon notification that the building has been determined by the Historic Review Committee as a Preferably Preserved structure, the applicant shall have the right to appeal the decision within 30 days to the Zoning Board of Appeals. Mayor Pelkey seconded the motion and it was approved, unanimously.
Mayor Pelkey called for a vote on the Amended Resolution; it was approved, unanimously as shown in attached Exhibit B.
19. Communications and Petitions from Council (Continued)
Councillor Favreau stated that it has been her privilege and honor to serve with Councillor Hale. Councillor Favreau feels very sorry that Councillor Hale feels so abused by this Council and it made her feel that the only solution was to resign. Council members are all here as volunteers and whether the Council agrees or disagrees with each other there needs to be respect.
20. Communications and Reports from Town Manager (Continued)
None
21. Executive Session
None
ITEM:
22. Adjournment
At 10:22 p.m. Deputy Mayor Havens made a motion to adjourn the Regular Meeting. Councillor Favreau seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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