Skip Navigation
 
This table is used for column layout.
 
Town Council Regular Meeting Minutes 6/6/2011
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  June 6, 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 8:01 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 Janice Favreau
        Councillor Kevin McCann
        Councillor Cary Prague

Members Absent: Councillor Keith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

After the Roll Call was complete, Chairperson Kent Carlson along with Mayor Pelkey presented certificates to the winners of the Essay Contest.  They were as follows:

Kindergarten through 2nd Grade
1st Place:  Stanley Lu, First Grade, Wapping Elementary School
2nd Place:  Meghan Serignese, First Grade, Orchard Hill Elementary School
3rd Place:  Keshav Ramesh, Second Grade, Eli Terry Elementary School

3rd Grade through 5th Grade
1st Place:  Varun Tankala, Fifth Grade, Wapping Elementary School
2nd Place:  Saarehak Bhrugubanda, Third Grade, Orchard Hill Elementary School
3rd Place:  Sarah Karasik, Fifth Grade, Orchard Hill Elementary School

6th Grade through 12th Grade
1st Place:  Sebastian Milluzzo, Tenth Grade, South Windsor High School
2nd Place:  Amanda Makol, Twelfth Grade, South Windsor High School
3rd Place:  Anika Makol, Eighth Grade, Timothy Edwards Middle School




ITEM:

The South Windsor Youth Lacrosse Team came before the Town Council to present the Park’s Division of the Park & Recreation Department with a plaque thanking them for their hard work on the fields throughout Town.

5.      Public Input

Ms. Nancy Yario, 20 Andrusis Trail came before the Town Council to discuss her concerns with the Bark Park.

6.      Environmental Health & Safety Message

Councillor Favreau reviewed safety precautions that should be taken in case of a tornado.

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 May 2, 2011, and May 16, 2011; Special Work Session of May 9, 2011; Public Hearings of May 2, 2011 and May 16, 2011; Special Meeting of May 23, 2011; and Regular Meetings of April 4, 2011 and May 2, 2011.

Was made by Deputy Mayor Havens
Seconded by Councillor Anwar

Councillor Favreau stated that there should be a change on the May 2, 2011 Work Session.  She was not in attendance as shown on the minutes.

Mayor Pelkey called for a vote on the motion; it was approved, unanimously

  • Public Petitions
None

9.      Communications from Officers and Boards Directly Responsible to Council

None





ITEM:

  • Communications and Reports from Town Manager
Mr. Galligan reported on the following items:

  • Hartford Magazine has rated the Town of South Windsor the number three community to work, live and experience an excellent quality of life.
  • The State Department of Public Health has issued orders that the Town needs to enforce inspections on various hair and nail salons due to the fact that there have been some serious health issues in other parts of the State.
  • Dr. Schwartz feels that the Town should start charging a minimal fee for services rendered by the Health Department.
  • The Department of Motor Vehicles charges the Town for a list of vehicles that are registered in Town but are delinquent in their taxes.  The Collector of Revenue has suggested that the Council consider charging anywhere from $2.00 to $5.00 to those individuals who are reported on the delinquency list.
  • The Town held the tax lien sale and was not happy with the results.  There was one individual that bid 100%, but only on selected items.  This process is supposed to be an all or nothing process.  These items will be rebid and hopefully will be done by the end of the fiscal year.
  • There were two bidders on the Fire House.  One bid came in at $330,000 but is looking to use the building for industrial use which is not permitted in this zone.  The other bid that was submitted was for $275,000 by Maneeley’s Banquet Facility.  The property was appraised at $400,000 so Mr. Galligan requested feedback from the Council on whether the Town should negotiate with the bidder who qualified or put the property back out to bid.
  • The Council received adjustments of the budget.  The Council should discuss the Capital Projects Budget to explain the rationale behind the changes.  The Town has been working with the Superintendent of Schools to see how to best handle some of these items.
  • The Council received a confidential memo concerning a tree cutting incident.
Deputy Mayor Havens felt that Mr. Maneeley would be the right person to negotiate with regarding the sale of the old firehouse.  Mr. Maneeley would make the lower end of Sullivan Avenue look very nice.

ITEM:

10.     Communications and Reports from Town Manager (Continued)

Answering questions from the Council, Mr. Galligan explained that the Town funded two police officer positions, but did not fund two proposed additional police officer positions.  The tax sale liens totaled $600,000 and the bidder came in at $400,000.  

Councillor Delnicki stated that as far as the sale of the old firehouse is concerned, he feels it may not be the appropriate time to try to sell this property.  

Council members discussed in length the sale of the old firehouse.  There are a couple of options which include negotiating with the person who bid on the property, rebidding the property at a lower cost or sending this item back to referendum in order to allow the Town to have the ability to also have the opportunity to sell the property outright.

Councillor Favreau felt that Town should inspect hair and nail salons and prior to making a decision on the fee schedule for the Health Department services, the Town Council needs to look at what the percentages of the different classes are in Town  and what the impact might be on restaurants.

Councillor Prague suggested that the Town consider hiring someone to sell the tax liens and also felt that fee’s for health inspections should only be done if the businesses fails the first inspection.  There are other items such as septic system inspections, subdivision plan reviews, etc. that should require inspection fee’s on, but the Town Council should discuss this further.

Councillor Anwar agreed that there should be more discussions regarding inspection fee’s and although he does not want to burden the businesses in South Windsor, there is a need to make sure businesses are safe for patrons.  Councillor Anwar also agreed with it may not be the right time to sell the firehouse.  

Answering questions, Mr. Galligan stated that he would have the Town Attorney check with Manchester and find out how they handle the sidewalks throughout their Town.  This item can be discussed further at another meeting.

ITEM:

10.     Communications and Reports from Town Manager (Continued)

Councillor McCann stated that he agrees the Town should not rush into selling the firehouse, but also warned Council members that the longer the building sits vacant, the more deteriorated it will become.  Councillor McCann suggested that the Town use this building for an alternate use until it is either sold or there is another plan for its use.  

Council members discussed the budget adjustments that were made as well as the fund balance and the capital improvement budget.

Councillor Delnicki stated that businesses tend to be very low impact on Town services and does not want to see businesses pay fee’s for inspections.  If the business fails an inspection then there may be an opportunity to charge a small re-inspection fee.  Councillor Delnicki then requested for the Town Attorney to find out if the Town would need to hold a referendum for the sale of the old firehouse.  

Council members then discussed in length the old firehouse property, inspection fee’s, and inspections for hair and nail salons and council members gave their opinions regarding this issue.

  • Reports from Standing Committees
None

12.     Reports of Temporary Committees

Councillor McCann stated that last week he met with the Town Manager and Jeff Doolittle who is the Town Engineer to address the Hayes Road Sidewalk situation.  Mr. Doolittle went through in detail, the additional costs and delays that would be caused by the different plans.  None of them seemed to be viable alternatives to what is on the table now which is simply to repave Hayes Road with the standardized width of 26 feet.  The Town Council, Walk & Wheel Ways Committee, and the Town Engineer should work together to come up with a comprehensive plan of implementing the policy that was established and adopted by the Walk & Wheel Ways recommendations.  Councillor McCann stated he would be willing to work on a Committee to do that.  The first thing that will need to be focused on are the policies of the Town in respect to the costs of sidewalks and addressing the Town Ordinances.  The comprehensive map of the Town will need to be reviewed and a determination will need to be made where sidewalks or walkways should be placed and a policy established of how to bring about that throughout the Town.  

ITEM:

12.     Reports of Temporary Committees (Continued)

This is a long term project that should be started to fulfill the commitment to make the Town a walk and bicycle friendly Town.

Mayor Pelkey added that Mr. Doolittle felt that the layout of a 26 foot wide road would allow for future sidewalks to be constructed.  Unfortunately there are limitations because of gas lines and powers lines that get extra footage which would cause a lot of extra dollars.  Mayor Pelkey also met with the Walk & Wheel Ways Committee who will be gathering information for the Council regarding what other Town’s do with regard to Ordinances.  A Committee will be established to review this further in the fall.  Mayor Pelkey suggested that a member of the Planning & Zoning Commission also be part of the Committee.

13.     Communications and Petitions from Council

Mayor Pelkey informed the Council and the public that there will be a memorial tree planting for Jim Snow who recently passed away on June 9, 2011 at 4:30 p.m. at Nevers Road Park.

Councillor Delnicki read into the record a legal opinion he requested from the Town Attorney regarding the delay in the adoption of the Town budget, as shown in attached Exhibit A.

Councillor Delnicki stated that it is his hope that the Town Council learn that the Town Charter is not just a guideline, but should be followed.

Mayor Pelkey stated that any member of the Council who really felt that the budget should have not been delayed by one day could have gotten two other Councillor’s and called for a Special Meeting.  The Town Council learned more about the Town Charter and also learned that the State Statutes dictate what happens if the deadline is missed.

Councillor Anwar stated that the budget has passed and it is time for the Town Council to move on with other important issues.

Councillor Favreau announced that the electronic recycling program is scheduled for June 11, 2011 from 8:00 a.m. to 1:00 p.m. in the back parking lot of the Town Hall.


ITEM:

13.     Communications and Petitions from Council (Continued)

Councillor Delnicki stated he has served under a number of Mayors who were both Democrats and Republicans and never has the approval of the budget of May 22nd deadline been missed.  The greatest responsibility of any Mayor is to steward a budget through the entire process and is responsible for getting it passed on time.  

Mayor Pelkey felt his greatest responsibility is to look out for the health and safety of the Town residents.

14.     Public Participation

None

15.     Consent Agenda

None

16.     Unfinished Business

A.      Resolution Appointing Kevin Foley (R) an Alternate to the Planning & Zoning Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Kevin Foley (R) an Alternate to the Planning & Zoning Commission for a term ending November 11, 2013 to fill a vacancy.)

Was made by Councillor McCann
Seconded by Councillor Bazzano
The motion was approved, unanimously

B.      Resolution Appointing a Rate Maker for Fiscal Year 2011/2012

BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal Year 2011/2012.

Was made by Councillor Delnicki
Seconded by Councillor Bazzano
The motion was approved, unanimously


ITEM:

  • New Business
  • Resolution Appointing Robert Hornish (D) a Member to the Patriotic 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 Robert Hornish (D) to the Patriotic Commission for a term ending August 31, 2012 to fill the unexpired term of Doris Avery and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Mayor Pelkey
Seconded by Councillor McCann
The motion was approved, unanimously

  • Resolution Accepting Suspense List
BE IT RESOLVED that the South Windsor Town Council hereby accepts the Suspense List as proposed and submitted by the Collector of Revenue, said list shown as Exhibit B and attached hereto and made a part hereof.

Was made by Councillor Bazzano
Seconded by Deputy Mayor Havens

Answering questions from the Council, Mr. Galligan explained that when an individual does not pay their motor vehicle taxes or personal property taxes they are put on a suspense list and the Town hires a firm to collect.  

Mayor Pelkey called for a vote on the motion; it was approved, unanimously

  • Resolution Authorizing the Transfer of 2.24 Acres of Real Property to Connecticut Studios, LLC
WHEREAS, the Town of South Windsor, Connecticut (the “Town”) has entered into a Purchase and Sale Agreement, dated on or about May 18, 2009 (the “Purchase and Sale Agreement”), with Connecticut Studios, LLC or its designee (the “Developer”); and

(Resolution Continued on Next Page)

ITEM:

17.     C.      (Continued)

WHEREAS, the Purchase and Sale Agreement provides for the sale of a 2.24 acre parcel of real estate in the Town, formerly owned by the State of Connecticut, as described in more detail in Exhibit C attached hereto (the “Parcel”); and

WHEREAS, according to an appraisal prepared by T.W. Henry dated April 27, 2011, the value of the Parcel is $11,000; and

WHEREAS, pursuant to Public Act 09-4, the transfer of the Parcel is required to be used for economic development purposes and any funds received from the sale of the parcel shall be transferred to the State Treasurer; and

WHEREAS, the transfer of the parcel was the subject of a public hearing of the Town Council on May 16, 2011; and

WHEREAS, on May 24, 2011, the South Windsor Planning & Zoning Commission endorsed the transfer of the Parcel; and

WHEREAS, the Town desires to transfer the Parcel to the Developer in connection with the I-291 Corridor District Municipal Project, Project Plan, dated May 2003, on July 7, 2003, as amended and supplemented by the First Amendment to Project Plan, dated October 2010

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town that:

  • The transfer of the Parcel to the Developer, for no consideration ($0), is hereby approved and the Town Manager is authorized to execute and deliver a Quit-Claim Deed, the form of which is attached hereto as Exhibit D, and any other documents necessary or desirable to accomplish such transfer; and
  • This resolution shall become effective immediately upon its approval.
Was made by Councillor Anwar
Seconded by Deputy Mayor Havens

ITEM:

17.     C.      (Continued)

Mr. Galligan explained that there is a new quit claim deed in front of the Council tonight that was revised.  The riveter clause in this states that if the property comes back to the Town there will not be any type of encumbrances.  Mr. Galligan stated that he had just became aware that a mortgage was taken out on the property and felt that he should have been informed about this issue previously.  The mortgage doesn’t seem to affect this project.  Mr. Galligan informed the Council that he received the PLA Agreement this morning and will get that out to the Council.

Town Attorney Johnson explained further that he and Attorney Panico are delaying reviewing documents until certain items are finalized in order to remain conscientious of legal fee’s.  It is felt that the riveter clause requires the property to be returned to the Town in the event that the riveter becomes applicable without any liens or mortgage on it.  The language in the old deed was prepared several years ago and there is research being done to make sure there will not be any problems with the land coming back to the Town free and clear of mortgage or liens.  Of course, all of this is mute as long as the project goes forward.

Mr. Galligan explained that these 2.24 acres was left out of the previous deed because the State did not think they could give land that is under the power lines.  Mr. Stevenson discovered that this 2.24 acre parcel was not included in the previous conveyance to the Town when reviewing the meets and bounds of the property.

Councillor McCann stated that in the deed, it says that there is a requirement that the developer commence construction of at least one building on the property in conformance with the I-291 Gateway Zone Regulations of the Town of South Windsor within three year of the date hereof.  Councilor McCann questioned if that should say within three years of the date of the original deed to the twenty-two acres.  The Town does not want to wait another three yeas to have a riveter on this property if Connecticut Studios has not begun construction.
ITEM:

17.     C.      (Continued)

Town Attorney Johnson felt that if an amendment is done it say that this modification be done unless upon consultation with the Town Attorney, the Town Manager determines it can not be modified.

Councillor McCann stated that it is alright, but he is not certain he would be willing to extend the period for three years even on this piece of property.  The Town should not have to wait another three years from today to have this property revert back to the Town if those buildings are not built.

Councillor McCann made a motion to amend the resolution that the deed be changed to state the riveter clause within three years of the date of the original Purchase and Sale Agreement.  Mayor Pelkey seconded the motion; and it was approved, unanimously.

Mayor Pelkey called for a vote on the amended resolution; it was approved, unanimously.

D.      Resolution Adopting a Fund Balance Policy

WHEREAS, at its regular meeting on July 2, 2007, the South Windsor Town Council adopted a Fund Balance Policy; and

WHEREAS, Government Accounting Standards Board (GASB) Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions, which is effective for fiscal year ending June 30, 2011, has changed the components of fund balance; and

WHEREAS, the flow assumptions for spending fund balance should be outlined in the Town’s Fund Balance Policy

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the updated Fund Balance Policy shown in the attached Exhibit E.

Was made by Councillor Prague
Seconded by Mayor Pelkey

Mr. Galligan answered various questions and reviewed the changes to the Fund Balance Policy.  Mr. Galligan explained that the main difference with the new policy is that there are categories in the policy now.

Mayor Pelkey called for a vote on this Resolution; it was approved, unanimously.
ITEM:

17.     New Business (Continued)

E.      Resolution Authorizing the Close Out of the South Windsor Volunteer Fire Department (SWVFD) Fund

WHEREAS, the Town’s annual budget includes funding for the SWVFD to cover the expense of providing fire and emergency services to South Windsor; and

WHEREAS, as a grant agency, the SWVFD is able to keep all unspent funds at the end of the fiscal year; and

WHEREAS, the Town’s  prior auditors recommended setting up the SWVFD Fund to report the cash balances maintained by the SWVFD in the Town’s annual financial statements; and

WHEREAS, Government Accounting Standards Board (GASB) Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions, which is effective for fiscal year ending June 30, 2011, has changed the components of fund balance and the definition of a Special Revenue Fund; and

WHEREAS, in accordance with GASB 54, the SWVFD Fund with an approximate balance of $57,000 no longer qualifies as a Special Revenue Fund and does not need to be reported in the Town’s annual financial statements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the close out and write-off of the SWVFD Fund.

Was made by Councillor Favreau
Seconded by Councillor Bazzano

Mr. Galligan explained that the Town is taking the Fire Department off the balance sheet.

Answering question from the Council, Mr. Galligan explained that the Town does not control the Fire Department funds; they were on the Town’s balance just for reporting purposes.  The $56,000 that is presently on the books will stay with the Fire Department.  The Fire Department will have to get their own Auditors and will have to do their own audits.

The motion was approved, unanimously

ITEM:

17.     New Business (Continued)

F.      Resolution Authorizing the Close Out of the Health Benefits Reserve Fund and the Transfer of Remaining Funds to the Town of South Windsor and South Winsor Board of Education Medical Insurance Fund (SWMIF)

WHEREAS, Government Accounting Standards Board (GASB) Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions, which is effective for fiscal year ending June 30, 2011, has changed the components of fund balance and the definition of a Special Revenue Fund; and

WHEREAS, the Town’s Health Benefits Reserve Fund was set up to defray the cost of providing health insurance to retired members of the South Windsor Police Union – AFSCME Local 1480, hired before July 1, 2006; and

WHEREAS, retired police officers are usually employed full-time by another organization, which makes them ineligible for the retiree health insurance benefits; and

WHEREAS, in accordance with GASB 54, the Health Benefits Reserve Fund, with a current balance of $116,479, no longer meets the definition of a Special Revenue Fund; and

WHEREAS, the South Windsor Town Council established the Town of South Windsor and South Windsor Board of Education Medical Insurance Fund (SWMIF) for the purchase of medical insurance and the payment of administrative costs for Town and Board of Education employees and their dependents

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the close out of the Health Benefits Reserve Fund and the transfer of its entire balance to the SWMIF.

Was made by Councillor McCann
Seconded by Councillor Bazzano

(Resolution Continued on Next Page)
ITEM:

17.     F.      (Continued)

Mr. Galligan stated that this fund is no longer considered a Special Revenue Fund, so the Town would like to take this fund and transfer it into the Health Account where there are claims.

Answering questions from the Council, Mr. Galligan explained that eligible employees would have had to have been hired prior to 7/1/2006 and the Town has not had any payments from this fund.  If anyone was wanting to use this program, the Town would have to budget for that individual.

Mayor Pelkey called for a vote on the resolution; it was approved, unanimously.

G.      Resolution Setting a Time and Place for a Public Hearing Regarding the Appropriation of $220,000 of LoCIP Funds for Miscellaneous Projects

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, June 20, 2011, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $220,000 of LoCIP Funds for miscellaneous projects, as shown in attached Exhibit F.

Was made by Councillor McCann
Seconded by Councillor Bazzano
The motion was approved, unanimously

H.      Resolution Adopting the Budgets for the Special Revenue Pollution Control and Wastewater 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 Mayor Pelkey
Seconded by Deputy Mayor Havens

(Resolution Continued on Next Page)
ITEM:

17.     H.      (Continued)

Mr. Richard Aries, Chairperson of WPCA came forward and stated that the WPCA is reviewing the details of the inspection that will take place on concrete pipes throughout the system.  State grants will be sought.  Mr. Aries stated he is very pleased to see Attorney Johnson’s opinion.  WPCA has authority to establish their rates.  WPCA will maintain and operate a safe sanitary sewer system.  The power of the Town Council is limited but input from the Town Council is valuable.  Last year WPCA lowered the sewer rates as suggested by the Town Council.

Answering questions from the Council, Mr. Fred Shaw, Superintendent of Pollution Control stated that every $10.00 that the sewer rate is raised will generate $84,000.  There are a number of revenue sources, but the usage charge constitutes the largest revenue stream.  If the Town Council lowered the Special Revenue Fund Budget, the WPCA would have the ability to raise sewer user fee’s to make up the difference.

Mr. Galligan stated that WPCA has always been cooperative with the Town Council as well at the Town Manager.

Councillor Favreau stated that she feels the jump in user fees is very large and wondered if that much of an increase is necessary.

Councillor Delnicki requested that the Town Manager find out how GASB 54 would affect the WPCA.

Councillor Anwar stated he would prefer the rates to be approximately $320.00.

Answering further questions from the Council, Mr. Shaw explained that the budget includes money for revenues and the user fee increase would help with the 1/20th payment.  WPCA is calculating that by the year 2013 those funds will be available.  Those fees also help with maintenance of the plant as well as upgrades to the pump stations.  There are approximately 50 businesses in Manchester that use South Windsor’s system and 50 residential users.  

(Resolution Continued on Next Page)

ITEM:

17.     H.      (Continued)

Councillor Prague questioned if there is a way to have a special fee for businesses that are out of Town users?

Town Attorney Johnson stated that the Town of South Windsor could enter into agreements with other Towns.  Mr. Shaw stated that presently out of Town businesses pay for the debt service through user fee’s.

Mr. Shaw then explained that the economic impact for out of Town users using South Windsor’s system is less than $100,000.  WPCA is working towards the cost of the study for $900,000.  The scope of the work still has to be defined.

Mayor Pelkey made a motion to extend the meeting past 11:00 to 11:10.  Deputy Mayor Havens seconded the motion.  The motion failed due to there not being a unanimous consensus.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council