TOWN OF SOUTH WINDSOR
WORK SESSION MINUTES
TOWN COUNCIL TUESDAY, JANUARY 17, 2012
COUNCIL CHAMBERS TIME: 7:00 P.M.
1. Call Meeting to Order
Mayor Pelkey called the meeting to order at 7:02 p.m.
2. Roll Call
Members Present: Mayor Tom Delnicki
Deputy Mayor Gary Bazzano
Councillor Saud M. Anwar
Councillor Cindy Beaulieu
Councllor Ed Havens
Councillor Kevin McCann
Councillor Cary Prague
Councillor Janice Snyder
Councillor Keith Yagaloff (arrived at 7:04 p.m.)
Also Present: Matthew B. Galligan, Town Manager
3. Public Participation
Mr. Walter Summers came before the Town Council to introduce two new employees. Mr. Kevin Sullivan who is replacing Scott Yeomens and will be part-time employee with duties consisting of apartment inspections, Juvenile Firesetter program and working on a study group for fire education in the schools. Ms. Terry Trenholm will have a position that is a grant funded position to do a Smoke Detector Program in Town and will be developing the education program that will be going out to each complex and will be installing smoke detectors in all of the condominiums.
Mayor Delnicki questioned if Mr. Summers would be coming out with criteria on the smoke detectors and also questioned who could apply for a smoke detector? Mr. Summers explained that Terry is working on that program and he would come back to the Council at a later date and give the Council a presentation on the full program.
Mr. George Marcotte, 24 Podunk Circle came before the Town Council to voice support regarding the Regional Animal Shelter.
Mr. Bruce Maneeley who is the owner of Maneeley’s Banquet Facility voiced concern on having an animal shelter in the location proposed which could inadvertently effect his business.
Ms. Tammy Sira who is the owner of Camp Bow Wow stated that she feels South Windsor has a need for an animal shelter. Ms. Sira then noted that the distance may be enough that Mr. Maneeley may be surprised how little noise he would hear.
ITEM:
3. Public Participation
Ms. Vicki Flannery a resident of South Windsor came forward and stated that South Windsor needs something for animals and rescue. Ms. Flannery said she would be willing to help at the shelter any way necessary and feels the noise will not be a concern because it is far enough a way from Maneeley’s Banquet Facility.
4. Communications
None
5. Town Manager’s Report
None
6. Items for Discussion
A. Citizen Service Request Dashboard (311 System)
Mr. Mike Gantick, Director of Public Works came forward to introduce the Citizen Service Request Dashboard. Mr. Gantick explained the GIS is Geographical Information System and then went on to explain how GIS is currently used. The GIS Dashboard would be a way for residents to contact the Town on-line through a web-based program.
Mayor Delnicki recessed the Work Session at 7:15 p.m. in order to call a Public Hearing to order. The Work Session reconvened at 7:20 p.m.
Mr. Gantick continued with an explanation of the GIS Dashboard and then went on to explain how a resident would use the Citizen Service Dashboard, as shown in attached Exhibit A, to report a complaint to the Town such as a pothole, lawn damage, etc. This program will enable the Town to keep track of different programs, projects and service requests.
Answering questions from the Council, Mr. Gantick explained that Public Works will still accept phone calls regarding issues, but this will be used if residents rather use the computer to communicate with the Town. An email will be sent to residents when the project they are inquiring about is complete. This allows residents to know where crews are working and where crews will be working next during different programs such as the leaf pickup. This program can be used for snow removal also. This package is approximately $60,000.
Councillor McCann stated that he would support this program because he feels that technology will increase efficiencies and will allow the Town to do more or do things using less funds.
ITEM:
6. A. (Continued)
Mr. Scott Roberts, Director of Information Technologies explained that this program will help maintenance and operational costs. If the Town were to go and purchase this program it would cost between $30,000 to $40,000 per year.
Councillor Anwar stated that this is very impressive, but feels the expectations of the community will be larger. Councillor Anwar questioned if response time will be improved? Mr. Gantick explained that reporting features will make sure the Town is on top of items and will also ensure accountability.
Councillor Snyder felt that this is a very innovative idea that allows residents who do not have a lot of time to log in their complaints without having to call the Town.
Councillor Havens stated that as with any service business, residents will expect the Town to respond and take care of any problems right a way. Councillor Havens asked if this program could be used by the Fire Department, Police Department and Ambulance Corps.
Mr. Gantick explained that the Police Department already has a lot of techniques in place but would have the ability to use this if they would like to. The Police Department can fill out the information for any complaint and it will go to the Public Works Department.
Answering further questions, Mr. Gantick explained that when a complaint is assigned, residents can find out when services will be provided.
B. Blight Ordinance
Mayor Delnicki stated that he had requested this discussion which goes to a problem that he has heard about in the last two years regarding properties going into disrepair after their occupants walk away. The Town Manager has been working with the Town Attorney to see how this issue can be addressed.
Mr. Galligan explained that the Town Attorney, Kari Olson from Murtha Cullina has been working on this issue. Attorney Olson came across an Ordinance that would allow the Town to enter a property to clean up the area.
Attorney Kari Olson explained that South Windsor does have a Blight Ordinance. The problem with the Ordinance is that the Town’s enforcement is limited basically to court action seeking remediation orders and fines. Public Act 10-152 was designed to assist municipalities with blighted properties. This will give the Town the tool necessary to remediate the blight without having to first go to Court. An Ordinance would have to be established or revise the existing Ordinance. This Act gives the Town the authority and capability to create special assessments for these properties based on the perceived cost to the community for the Town to have these types of properties in neighborhoods. For this Act a Committee would have to be established
ITEM:
6. B. (Continued)
consisting of six (6) taxpayers, one of whom shall be a landlord, the Tax Assessor and representatives of municipal agencies responsible for zoning, health, housing, fire and other safety code compliance. Once the Committee is appointed, they have 60 days to submit a report to your Board of Finance regarding the fiscal effects of having these types of special assessments on foreclosed properties. They also have to come up with a representative property list, properties that they believe subject to this special assessment, the amount of property taxes generated by the properties and the cost to the municipality for code enforcement on such properties, including cost for police and fire personnel, come up with a record of the amount and the form of the type of assessments that would be anticipated and standards
for the imposition of the assessments. As part of this statute there is an option to appoint a Committee to oversee the process and again to levy these types of assessments. These assessments become property tax liens which the Town can foreclose or can be treated like any other property tax lien.
The Ordinance that is adopted has to include standards to determine if the special assessment is appropriate, and also to determine the circumstances under which a right of entry under the statue would be permitted. The Committee has to come up with the amount of the assessments, the procedures for notice to both the property owner and lienors and then ultimately there is the appointment of a Board which would include the Finance Director for the Town, the Tax Assessor and the Municipal Code Enforcement Official to determine when assessments or entry is to be imposed.
One other thing the Town Council should be aware of is that all assessment funds received must go into an account specifically for the purpose of remediating blight.
Attorney Olson then explained that presently the Town can go onto a property and may remediate the blight, but can not go into a residential dwelling short of a court order. If there are significant safety concerns and demolition may even be an issue, the Town can create an Ordinance to demolish unsafe buildings.
Mayor Delnicki questioned if there is an appeal process for the property owner? Attorney Olson stated she believes that they would be relegated to the same appeal process for any other Ordinance but will double check on that for the Council.
Mayor Delnicki stated that he see’s the value in getting a handle on this situation. Mr. Galligan explained that there are presently quite a few of properties that are in disrepair and one is finally in court after six years. The process is long and expensive. This may give the Town an opportunity to send notices out and explain what the Town is going to do.
ITEM:
6. B. (Continued)
Attorney Olson reiterated that this new statute applies to foreclosed properties. In the instance where you have property that is not in foreclosure but is a blighted property, the Town would still be using the Blight Ordinance. However if you look at the General Statues that relate to the Blight Ordinance, they have been amended to allow entry onto a property, but not into the dwelling unit.
At 8:03 p.m. Mayor Delnicki recessed the Work Session in order to call the Regular Meeting to order. The Work Session reconvened at 8:06 p.m.
Councillor Yagaloff stated that blight discussions are never easy because it is really talking about property rights. The Public Act is intended to be directed towards properties that are either foreclosed or in foreclosure but it could also encompass other blighted properties as well.
Attorney Olson explained that the Public Act was limited by properties that were in foreclosure on or after October 1, 2009.
Councillor Yagaloff then stated that if it is clear that the Town is going to do a Blight Ordinance that is specifically for foreclosed properties that are owned by a bank, then he would not have any real problem with the Town going in and doing a special assessment or doing some cost recovery for making repairs on a bank owned properties.
Attorney Olson suggested that the Town Council limit this to vacated properties that are not being maintained.
Councillor Yagaloff felt that to be a good suggestion because the Town would not be affecting a person’s residency.
Mayor Delnicki requested that something be drafted regarding vacated properties as well as foreclosed properties for the Town Council’s review. Attorney Olson questioned if the Town Council would like something in the draft regarding the appeal process? Mayor Delnicki answered that the appeal process should be included in the draft.
Mayor Delnicki read into the record a letter supporting a Blight Ordinance from Charles and Edith Regulbuto.
ITEM:
6. B. (Continued)
Demolition Delay
Attorney Olson from Murtha Cullina came before the Town Council and explained that approximately one year ago she was contacted by the Town Manager and the Director of Planning asking about a Demolition Delay Ordinance that was being proposed at the time that would cause a delay in demolition permits for preferably preserved buildings pursuant to a new Historic Review Committee. At that time the appeal process was proposed, all appeals of those types of delays would go to the Zoning Board of Appeals. Attorney Olson stated that she provided a memorandum to Michele Lipe and Matthew Galligan back in February of 2011 explaining that her conclusions is that the Zoning Board of Appeal does not have the authority to hear those types of appeals. Delay Ordinances have to do with building codes and the Zoning Board
of Appeals jurisdiction is zoning codes. In conducting that analysis there were some very strong concerns about whether the Demolition Delay Ordinance was valid in and of itself. After careful analysis it was concluded that the Ordinance would not withstand scrutiny. There was also an extensive analysis of why it is believed that the Demolition Delay Ordinance would not withstand a challenge and that was done on February 18, 2011. There was nothing found giving the Council the authority to create a Historical Review Committee or to create preferably preserved properties. South Windsor modeled their Demolition Delay Ordinance based upon the State Historic Commission. Murtha Cullina contacted the State Historic Commission and explained the concerns regarding the Ordinance. They were quite concerned by the analysis and have since removed the Ordinance from their website. Murtha Cullina was then asked if the Building Code Board of Appeals
could hear appeals, our conclusion for this is no because the Building Code Board of Appeals Committee is related specifically to building code issues and this is a Historic District Commission issue. Our basic premise here is if the Town has a Demolition Delay Ordinance it should not be related specifically to preferably preserved properties. If the Town is going to have a 180 day delay it should be for all permits rather than just these types of preferably preserved properties. The Statutes does allow the Town to create a demolition delay of up to 180 days but they don’t allow the Town to create a Historical Review Committee to impose 180 days delay only on preferably preserved properties. So Murtha Cullina has made some suggestions using that 180 day delay to get notice out to the community so that people can come in and voice their opinions on whether the property should be preserved or not but again the ultimate conclusion here is that the Town
does not have the ability to delay demolition of preferably preserved properties through a Historical Review Committee.
ITEM:
6. B. (Continued)
Answering questions from the Council, Attorney Olson explained that she is not saying the Town can not condition a demolition delay upon saying that any building over 75 years old is going to get a particular treatment under our Delay Ordinance. That is a way of sending out the notices to the community that this property is being proposed to be demolished to have perhaps an opportunity to be heard or for people to submit comments. Other recommendations are to follow the process that Manchester has been using where they provide that type of notice and allow people to come in and object. South Windsor should have the Historic District Commission create an inventory of what the Town would be calling preferably preserved properties and take a real hard look now as to whether these properties should be
historically preserved.
Ms. Virgina Macro of 1828 Main Street and the Chairperson of the Historic District Commission came forward and explained that the Historic District Commission presented this Ordinance which was passed and is in effect. The reason for adopting a Demolition Delay Ordinance is an effort to retain the Town’s unique character, once significant buildings are demolished, they are gone forever. A Demolition Delay Ordinance simply delays the process so that there is time to find a resolution with the owner before the structure is demolished. It in no way denies the right to demolish. During a Special Meeting of the Historic District Commission, we met with Greg Farmer from the Connecticut Trust for Historic Preservation who assured the Historic District Commission that the model that South Windsor had
followed had been vetted out by several Town Attorney’s, the State Historic Preservation Office and UConn Law School. Ms. Macro urged that the Historic District be included in any of the discussions that goes forward as the Historic District Commission has worked for a long time to try to get this into effect.
C. Regional Animal Shelter
Chief Matthew Reed from the Police Department came forward and reviewed the history of South Windsor Animal Control with the Council, as shown in attached Exhibit B.
Answering questions from the Council, Chief Reed explained that he does not believe that noise will be an issue at this facility. If the Town were to build a smaller building it would not be a regional shelter. The Town has the money to improve the building at 124 Sullivan Avenue and there are two other Towns willing to share the costs. The Town also has opportunities here to expand in the future and provide care for larger animals if the need arises. This building will be hooked up to the sewer system and city water. The present septic will be abandoned. The clean up and feeding of the animals will be shared by all three Towns and South Windsor will use the staff that we already have.
ITEM:
6. C. (Continued)
Mr. Galligan explained that the Town owns the building and based on that a budget will be put together which will include insurance and capital costs as well as operating costs.
Councillor Yagaloff voiced two concerns which are the loss of potential taxes on the property at 124 Sullivan Avenue in the case the property were sold, which should be built into the budget of the other two Town’s that are going to share this facility and also Councillor Yagaloff does not want to see our Animal Control Officer overwhelmed by responsibilities that the other Town’s should be managing.
Answering further questions, Chief Reed explained that if the Town were to try to find a new location to build a facility, the funds that are available to the Town could be gone. A new facility in another Town cost $4,200,000.
Councillor McCann stated if this building is used for a Regional Animal Shelter, one of his concerns is how it would impact the development in the area. The Town will have to face public relation concerns if this does go forward.
Councillor Anwar stated that neighbors concerns should be taken into consideration.
Councillor Snyder stated that she would support this project and feels it is a cost effective solution and makes a lot of sense. The Town needs a viable animal control facility.
Councillor Havens felt that Sullivan Avenue is not the right place for this type of facility and he would not support this project.
Mr. Galligan explained that a Board of Directors has been created and will have a budget. It is believed that other Towns will want to be a part of this regionalization in years to come. If this shelter does not happen, the grant will go away and the Town will have to find another solution for our animals. Mr. Galligan stated that in three years if the Town wants to build a facility somewhere else that is our decision.
Deputy Mayor Bazzano stated that he is in favor of this project.
Councillor Beaulieu felt that the Council should consider that this building has been sitting vacant. The plan makes sense and there are funds available to improve the property.
Mr. George Marcotte, 24 Podunk Circle came forward and stated that the area is perfect for an Animal Control Facility. The area has never changed and has always been commercial.
Ms. Vicki Flannery stated that the Town needs this facility. The only time there would be a lot of animals at the facility is if there is another storm like Storm Alfred.
ITEM:
6. C. (Continued)
Ms. Tammy Sira who is the owner of Camp Bow Wow stated that this is a good thing for the Town and if anyone is concerned about noise you are welcomed to come down and listen at Camp Bow Wow.
Mayor Delnicki requested a draft budget be provided to the Council prior to the February 6, 2012 meeting showing how this will work without hiring additional staff and a way to promote this facility that will show this use will not interfere with other surrounding businesses.
7. Executive Session
None
8. Adjournment
At 9:44 p.m. Councillor Snyder made a motion to adjourn the Work Session. Councillor Yagaloff seconded the motion and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Recording Secretary
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