TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 20, 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 8:03 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Edward Havens
Councillor Saud M. Anwar
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Members Absent: Councillor Janice Favreau
Also Present: Matthew B. Galligan, Town Manager
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council. Mr. Gonsalves stated there are two big issues regarding the sewers that Mr. Gonsalves stated he would like to discuss. The first issue is that the WPCA takes a different position on who is going to pay for the upgrade of the pump stations. There was a vote last year where it was decided that the upgrade of the pump stations would be paid for by the property owners. In the WPCA’s budget there is a 1/20th payment that is proposed to be paid for by sewer users. If the pump stations are going to be paid for by property owners, then the 1/20th payment should not be in their budget and should not be part of the $340.00 fee to sewer users. Mr. Gonsalves also informed the Council that the financial
information regarding the sewers is wrong and the Town Council should not approve anything until WPCA comes up with the reserve account and tells the Town Council what is in that account and gives the Town Council the history regarding that account. The second issue is the surplus of $784,000 from the Board of Education should be put back into the fund balance, not used for items that the Town Council turned down for funding during budget discussions.
ITEM:
5. Public Input (Continued)
Ms. Mary Etter, Director of the South Windsor Public Library came before the Council to inform the Council and the public that this week is the beginning of the Summer Reading Program. The program is for eight weeks and is titled “One World Many Stories”. There is also an Adult Reading Program.
6. Environmental Health & Safety Message
Mayor Pelkey informed the Council that the electronic recycling event held on the weekend of June 11, 2011 behind the Town Hall was more successful then the first event. This event will be happening four times per year. The next time will be in September and will be posted on the website and posted around Town.
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 June 6, 2011; and Regular Meetings of May 16, 2011.
Was made by Councillor Delnicki
Seconded by Councillor McCann
The motion was approved, unanimously
None
9. Communications from Officers and Boards Directly Responsible to Council
None
- Communications and Reports from Town Manager
Mr. Galligan responded to concerns voiced by Mr. Gonsalves by saying the Superintendent of Schools did inform me that she was taking the surplus to put extra funds into the health fund and also into the pension fund which I did agree with her on. That is were the bulk of the money went to. The roofs on the portable classrooms are a lot worse off then what was first anticipated. If they are not replaced, classes may not be able to be up and running if something is not done right a way.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Answering questions from the Council, Mr. Galligan stated he would have to find out if the roof work would be partially reimbursable. Mr. Galligan thought the funds, if they are reimbursable, they would go back into the general fund but he would also check on that.
The Bond Attorney and the Town Attorney are reviewing the questions regarding the sale of the old firehouse. One avenue would be to negotiate a better price and another avenue would be to put the firehouse out to bid again. Another option is to do a land lease and when the project is up and running then have the occupant purchase the property at market value.
Councillor Prague stated he feels the land lease option is a reasonable accommodation as long as the sale price is something that meets the Towns needs and would put the property back on the tax rolls.
Councillor Delnicki felt that the Town Council needs to act on this quickly so that if this property is going to go back out to referendum for the Fall there will be plenty of time to complete the process.
Answering further questions from the Council, Mr. Galligan explained that Murtha Cullina is re-doing the bidding process for the tax sale and the Town will be holding another tax sale. Mr. Galligan stated he just received the Project Labor Agreement for the Connecticut Studios project and he would be sending that to the Town Council. Mr. Galligan then stated that he would check into the expiration dates on the Heart Safe CPR Cards
Mr. Doolittle the Town Engineer came before the Town Council to discuss the ramp at the Community Center. Mr. Doolittle explained that there are three issues with the ramp. The issues are as follows: the ramp gets buried in snow and ice in the winter because it is right under the drip edge of the roof, the railing is not attached to the concrete in places and is hanging loose, and the ramp is not wide enough to allow two people to pass each other. After review of the ramp, the recommendation is to replace the ramp entirely which could include placing stairs on one side of the ramp so that there is an alternative way to get to the door. The Town received a price of $88,000 and added a 20% contingency to the price.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Answering questions from the Council, Mr. Doolittle explained that the Town does not intent to cover the ramp. It is intended to move the ramp away from the building and leave room for the snow and ice to drip between the building and the ramp.
Councillor Anwar stated that it was too bad that when the building was being designed this issue was not addressed then.
Councillor Prague stated that he has been urging for this ramp to be replaced, but after further consideration he feels the other alternative for individuals is to utilize the main entrance which is covered and not far from the ramp.
Councillor Yagaloff felt that other options should be considered.
Mr. Galligan voiced concern with eliminating the ramp and using only the main entrance. His concern is that if there were a fire in the front of the building, handicapped individuals who need an alternative method to exit the building would use this ramp.
Councillor McCann stated that it is clear that something has to be done with the ramp and he felt the Council should not be micromanaging this project. Mr. Galligan, Mr. Doolittle and Mr. Favreau should come up with a plan and get the ramp project completed how they feel it should be done.
Councillor Prague said he believes the Town Council needs to change some of the purchasing policies and other various items in the Charter, but questioned if State Legislature passed a new bill that allows for the municipalities to open up specific parts of the charter for revisions. Mr. Galligan responded that there was legislation passed that allows the Council to specifically look at operational items and to make decisions on those items. Mr. Galligan stated he would send the Council a copy of the bill.
- Reports from Standing Committees
None
12. Reports of Temporary Committees
None
ITEM:
13. Communications and Petitions from Council
Mayor Pelkey suggested that the Council hold a referendum in the fall for the appropriation of $10,000,000 to bond road projects throughout the Town.
Councillor McCann stated that he would support going to referendum as long as bonded money is used for bridge repairs, replacement of culverts or rebuilding of roads (large projects), not for road maintenance which belongs in the operational portion of the budget.
Mayor Pelkey stated that Connecticut Water Company is planning on replacing all of the pipes in neighborhoods that Avery Heights Water District used. The road will have to be redone once all the work is complete. The Town and Connecticut Water Company could partner together to get the roads reconstructed.
Deputy Mayor Havens felt the Council should consider if this is the appropriate time to bond $10,000,000.
Mayor Pelkey requested that Mr. Gantick draft a list of roads that will be needing major repairs.
Councillor Anwar suggested that sidewalks be incorporated into these discussions.
14. Public Participation
Ms. Nancy Yario, 20 Andrusis Trail came before the Council. Ms. Yario questioned who she should direct her concern to regarding an ethics violation?
Mayor Pelkey explained that there is an Ethics Commission as well as a Personnel Review Board. Either Committee can be approached if there is a complaint. The Ethics Committee consists of three Town Council members and the Personnel Review Board consists of appointees from the public.
Mr. Don Gonsalves, 40 Bayberry Trail came before the Council and stated that he hopes the Town Council asks the Town Manager his opinion on the fund balance. The revenues are down which will severely impact the fund balance as well as there will not be any surplus funds going back into the fund balance.
ITEM:
15. Consent Agenda
None
16. Unfinished Business
A. Resolution Appointing Robert Hornish (D) a Member to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Robert Hornish (D) to the Patriotic Commission for a term ending August 31,
2012 to fill the unexpired term of Doris Avery.
Was made by Deputy Mayor Havens
Seconded by Councillor Bazzano
The motion was approved, unanimously
B. Resolution Adopting the Budgets for the Special Revenue Pollution Control and Waste Water Treatment Fund for Fiscal Year 2011/2012
BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Pollution Control and Wastewater Treatment Fund Budget and Capital Expenditures Budget totaling $3,803,878; commencing on July 1, 2011, and terminating on June 30, 2012.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
Councillor Yagaloff stated that the Council has been informed that the Town Council has no control over sewer spending, no control over sewer capital projects and no control over sewer discussions. Councillor Yagaloff voiced his concern that there are Town employee’s that work for the Sewer Department and the sewer budget is up considerably. The sewer fee’s are going up to $340.00 per year and this is something the Town Council was opposed to. The WPCA is building sewer reserves, they have new sewer capital projects and they have not committed to the 1/20th payment.
Mr. Galligan informed Councillor Yagaloff that WPCA has committed to the 1/20th payment.
ITEM:
16. B. (Continued)
Mr. Aries, Chairman of the WPCA stated the WPCA is fully prepared to provide the 1/20th payment but also wanted and needed some level of reassurance from the Town Council that the Town would be providing the annual debt service.
Councillor Yagaloff stated that he would not be supporting any WPCA budget tonight since the Town Council has no say regarding the budget.
Mr. Galligan explained that the sewer plan is a 24/7 operation. There is an agreement with DEP that the Town will provide one or two employee’s on Saturday and Sunday for a few hours each day to check on the plant and pumps. The Town also has an alarm system that informs employee’s if there is a problem at the plant.
Answering questions from the Council, Mr. Aries explained that last year WPCA did lower the sewer rats as the Town Council wished. WPCA is always willing to discuss issues with the Town Council and values their opinion. Mr. Aries also informed the Council that the Director of Public Works reviews the WPCA budget as well as the Town Manger. Mr. Galligan added that salaries are negotiated by myself and approved by the Town Council.
Councillor Yagaloff stated that he would be voting against this budget because the Town Council has not control over the budget and should not take responsibility for approving the budget.
Councillor Anwar felt the Town Council has a responsibility to the WPCA and should vote on this budget as a whole body.
Mr. Aries informed the Council that WPCA is actively working on a policy for the reserve fund. It has been drafted and WPCA is going through final revisions.
Councillor McCann stated that the Town Council has received a very clear opinion from the Town Attorney. The WPCA sets their own budget and the Town Council has no control over it. Councillor McCann stated he see’s no reason to continue to debate and made a motion to cal the question. Councillor Prague seconded the motion; and it carried on a Roll Call vote of 6 to 2 with Deputy Mayor Havens, Councillors Anwar, Bazzano, Delnicki, McCann, and Prague voting in favor of calling the question; and Mayor Pelkey and Councillor Yagaloff voting in opposition of calling the question.
ITEM:
16. B. (Continued)
Mayor Pelkey then called for a vote on the Motion; it failed on a Roll Call vote of 2 to 6 with Deputy Mayor Havens and Councillor Anwar voting in favor of approval; and Mayor Pelkey, Councillors Bazzano, Delnicki, McCann, Prague and Yagaloff voting in opposition of approval.
C. Resolution Approving a Refund of Taxes to Thirty (30) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to thirty (30) South Windsor Taxpayers, the total of said refund being $6,569.91, and as more fully described on attached Exhibit C.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
The motion was approved, unanimously
17. New Business
A. Resolution Amending a Previously Approved Resolution Regarding Authorizing the Transfer of 2.24 Acres of Real Property to Connecticut Studios, LLC
WHEREAS, the Town of South Windsor, Connecticut (the “Town”) adopted a resolution on June 6, 2011 entitled “Resolution Authorizing the Transfer of 2.24 Acres of Real Property to Connecticut Studios, LLC (the “Original Resolution”); and
WHEREAS, the Town desires to amend Exhibit A of the Original Resolution to correct the description and to conform it with the State’s deed; and
WHEREAS, the Town desires to amend Exhibit B of the Original Resolution to establish the date by which the property may revert back to the Town if Connecticut Studios, LLC fails to commence construction of at least one (1) building on the property in conformance with the I-291 Gateway Zone Regulation of the Town of South Windsor
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town:
- The Original Resolution is hereby amended by deleting Exhibit A thereto and substituting in its place Exhibit A attached to this Resolution.
- The Original Resolution is hereby amended by deleting Exhibit B thereto and substituting in its place Exhibit B attached to this Resolution.
- Except as specifically amended hereby, the Original Resolution is in all respects ratified and confirmed.
- This resolution shall become effective immediately upon its approval.
Was made by Councillor Anwar
Seconded by Councillor Delnicki
Mr. Galligan explained that this amendment was suggested by Attorney Panico who is the Bond Counsel because the date of October, 2009 is the date that was used in the Purchase and Sale Agreement.
Councillor Yagaloff stated he would be supporting this amendment because it has been represented by the Town Attorney that the language in here and in the clause says the Town can take the property back mortgage free.
Mayor Pelkey called for a vote on the Motion; it was approved, unanimously.
B. Resolution Authorizing Town Manager, Matthew B. Galligan to Apply to the State of Connecticut, Office of Policy and Management to use $220,000 in LoCIP Funds for Reimbursement of Expenses for Miscellaneous Projects
WHEREAS, the concrete ramp from the sidewalk to the Community Center door by the Recreation Department needs to be replaced, the slate and flashing on the mansard roofs at the Town Hall needs to be replaced and the dry sprinkler system at the Community Center needs to be replaced; and
WHEREAS, the total budgetary cost for these three projects is $220,000 and the Town wishes to use LoCIP funds to pay for these projects
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Town Manager to apply to the State of Connecticut, Office of Policy and Management to use $220,000 in LoCIP funds for reimbursement of expenses for the following projects:
- Replacement of the concrete ramp at the Community Center - $108,000.
- Replacement of the slate and flashing on mansard roofs at Town Hall - $52,000.
- Replacement of the dry sprinkler system at the Community Center - $60,000.
Was made by Councillor Prague
Seconded by Counicllor MCcann
Councillor Prague stated he fully supports this project but would like to see the bids for the ramp.
Mayor Pelkey felt the projects will prevent injury. Mayor Pelkey then reiterated a statement made by the Town Manager’s that the ramp provides an emergency exit which is handicap accessible, which is very important.
Mr. Doolittle, the Town Engineer explained to the Council that the Town needs to apply for funding for certain projects. At that point the Town sets the dollar amount and the money is essentially set aside but not given to the Town until the project is complete. When the project is complete, the Town submits receipts to get reimbursed for the actual expenses. Any funds that are not used, go back into the overall LoCIP fund.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously.
C. Resolution Approving Changes to the South Windsor Citizen Matching Mini-Grant Program
WHEREAS, the South Windsor Town Council created a “South Windsor Citizen Matching Mini-Grant Program” on June 20, 2005; and
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
WHEREAS, in 2010 a sub-committee was established to review the South Windsor Citizen Matching Mini-Grant procedures and application; and
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the changes to the South Windsor Citizen Matching Mini-Grant Program, as shown in attached Exhibit D, Exhibit E and Exhibit F.
Was made by Mayor Pelkey
Seconded by Councillor McCann
The motion was approved, unanimously
18. Passage of Ordinance
None
19. Communications and Petitions from Council (Continued)
None
20. Communications and Reports from Town Manager (Continued)
None
21. Executive Session
None
22. Adjournment
At 9:45 p.m. Councillor Delnicki made a motion to adjourn the Regular Meeting. Councillor Prague seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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