TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 January 7, 2013
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Delnicki called the Regular Meeting to order at 8:00 p.m.
4. Roll Call
Members Present: Mayor Thomas Delnicki
Deputy Mayor Gary Bazzano
Councillor M. Saud Anwar
Councillor Cindy Beaulieu
Councillor Edward Havens
Councillor Cary Prague
Councillor Janice Snyder
Councillor Keith Yagaloff
Members Absent: Councillor Kevin McCann
Also Present: Matthew B. Galligan, Town Manager
5. Public Input
State Representative Bill Aman, 878 Strong Road came before the Town Council to review the State Legislation 2013 Major Acts.
Mr. Mike Sullivan, 24 Jared Court stated that there are items that the Town Council was discussed back in January of 2012 are still being discussed. Mr. Sullivan again requested that FEMA reimbursements the Town has received be announced so the public knows those amounts. Mr. Sullivan then stated that he is amazed that the Town Council is discussing the Recreation Center as a top priority on the agenda when there are so many other important issues that should be discussed.
Mr. Bob Fehr, 12 Clover Drive thanked the Town Council for entertaining the Hockey Rink and Recreation Center discussion. A recreation center proposal would benefit all of the residents of South Windsor as well as the business community. People move to South Windsor for the school system and the recreation facilities. Mr. Fehr also felt that constructing a recreation center on Town owned property may be the cheapest way to do this project, but it may not be the smartest way as it relates to our businesses.
ITEM:
5. Public Input (Continued)
Mr. John Bassilakis, 220 Laurel Road said he is encouraged to hear the discussion about the private enterprise looking to do the hockey rink. The Town Council needs to focus on the budget as it is going to be a tough budget season and requested that the budget item be brought forward in the meeting. There are items that need to be resolved and the proposal for a Hockey Rink/Recreation Center should be discussed after other items have been resolved such as Connecticut Studios.
Mr. Kent MaWhinney, 24 Stevens Road felt that if the Town Council wants to expand, the Town Council needs to make improvements to attract more residents. The Town has to plan for the future and implement that plan. The Recreation Center has been being discussed for years and the Town should go forward. Mr. MaWhinney feels the Town may have missed an opportunity if the hockey rink is built by a private developer.
Mr. Len Gregorian, Ellington Road stated that a referendum is the voter base of this Town deciding what the residents want as a whole, not a select group of individuals. The Town has 11 acres to construct a recreation center which is contiguous to the existing Community Center. To build at Evergreen Walk would prevent the Town from using their facilities to the fullest.
Mr. Richard Gregorian, owner of South Windsor Arena came forward. Mr. Gregorian stated that discussions regarding a 63-20 Corporation is nothing more than a way to avoid a referendum. Businesses in Town feel this request for a Hockey Rink/Recreation Center should be brought to referendum. There is property on Nevers Road that could be used to construct a recreation center.
Mr. Matt Riley, 12 Heatherwood Drive requested that the Town Council put aside bias regarding a 63-20 Corporation. It is a financial tool and it would be ridiculous for the Council not to use that tool if necessary.
ITEM:
6. Environmental Health & Safety Message
Mr. Galligan informed the Town Council and public to make sure that they have carbon monoxide detectors in their homes. There is an area in Town that was presently having a lot of issues with carbon monoxide. The Town wants to make sure residents have their furnaces clean, gas burners clean, are careful with the use of their fire places and make sure residents have a carbon monoxide detector. The Town will be trying to get a grant in order to be able to purchase more carbon monoxide detectors.
Councillor Anwar informed the public that according to The Centers for Disease Control the current status for flu in Connecticut is considered as wide spread. If individuals have not had the flu shot, they should do so. It takes approximately two weeks for the shot to take affect. People should reduce their time in public spaces as well as not touching your nose or mouth after shaking other individuals hands.
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 Minutes of November 19, 2012, December 3, 2012 and December 17, 2012; and Regular Meeting of December 17, 2012.
Was made by Councillor Beaulieu
Seconded by Councillor Snyder
The motion was approved, unanimously
None
9. Communications from Officers and Boards Directly Responsible to Council
Mr. Al Larson, 46 Jacques Lane and Chairperson for the Park & Recreation Commission came before the Town Council. Mr. Larson explained that he did some investigating because he was curious about how far behind South Windsor is regarding an indoor pool. Mr. Larson reviewed what he had found, as shown in attached Exhibit A, stating that he feels South Windsor is approximately 30 years behind. An indoor pool is something that has been overlooked for many years. Mr. Larson then reviewed a letter sent to Mr. Galligan from the Park & Recreation Commission regarding the Recreation Center project as shown in Exhibit B.
ITEM:
10. Reports from Standing Committees
None
11. Reports from Temporary Committees
Deputy Mayor Bazzano requested that an agenda be established for an Athletic Field Sub-Committee meeting next week.
Deputy Mayor Bazzano made a motion to suspend the rules in order to bring items 14. J. and 14. K. out of order.
14. New Business
J. Discussion Item: Hockey Rink
Answering questions from the Council, Mr. Galligan explained that if a private developer were to go forward with a hockey rink development, it would not be a project that the Town would offer an incentive for.
Councillor Yagaloff stated that he supports a private developer taking on this project. If the Town were to go forward with this project, it would raise the issue of the Town competing with private businesses, which Councillor Yagaloff said he has never supported.
Councillor Anwar felt that this project is not a priority at this time. The Town has challenges ahead with the budget.
Council members discussed the development and stated that they would wait to see if the private developer brings this project forward. If the private developer does not move forward, the Council can make a decision at that time if the Council wishes to explore this project any further.
K. Discussion Item: Recreation Center
Commission members reviewed the information that the Council had previously received, as shown in attached Exhibit C. Also discussed were different locations that a Recreation Center could be constructed. Mr. Galligan informed the Council that the original plan was designed in 1998 by the Lawrence Group. Deputy Mayor Bazzano requested to see the plan so that he could use it to move the project forward.
ITEM:
Councillor Havens made a motion to approve Agenda Items 13. A. and 14. A. Deputy Mayor Bazzano seconded the motion; and Councillor Snyder made a motion to approve Agenda Item 14. B. Deputy Mayor Bazzano seconded the motion. All motions were approved, unanimously.
13. Unfinished Business
* A. Resolution Appointing Steven Carty (D) an Alternate to the Zoning Board of Appeals
BE IT RESOLVED that the South Windsor Town Council hereby appoints Steven Carty (D) an Alternate to the Zoning Board of Appeals for a term ending November 30, 2013 to fill the unexpired term of Stephen Lewis.
(Approved by Consent Agenda)
14. New Business
* A. Resolution Appointing Michael Gonzalez (D) to the Board of Education 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 Michael Gonzalez (D) to the Board of Education for a term ending November 5, 2013 to fill the unexpired term of Mark Abrahamson and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
14. New Business (Continued)
* B. Resolution Appointing Bruce Snow (R) to the Greater Hartford Transit District 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 Bruce Snow (R) to the Greater Hartford Transit District for a term ending December 12, 2016 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
13. Unfinished Business
- Discussion Item: Creation of a Program (Snow Angels) for the Removal of Snow on Sidewalks for Individuals who are unable to Remove Snow from their Sidewalks
Councillor Anwar explained that Councillor Beaulieu, McCann and himself serve on the Sidewalk & Bikeway Subcommittee and during those meetings it has been noticed that there are barriers for the Town to be able to construct additional sidewalks in Town. One of those barriers is that some individuals because of health reasons are unable to clear snow from the sidewalks adjacent to their homes, which is a requirement. So this has created opposition from residents. Other communities have created a program called “Snow Angels” where volunteers are used to clear the sidewalks of snow when homeowners are unable to do so. Councillor Anwar stated that the Sidewalk & Bikeways Subcommittee would like to see such a program created in South Windsor so sidewalks could be constructed with more
willingness from the community.
Mr. Galligan suggested that if a list of individuals who need assistance is established, a notice to the neighborhood could be sent out also. This program could be run by Human Services. There should not be any liability issue because it is a volunteer program.
Councillor Prague stated he supports this proposal but would like to make sure if residents have the money to hire for this type of service, they do so.
Councillor Havens said he would support this proposal.
ITEM:
13. B. (Continued)
Councillor Snyder also expressed her support
Mayor Delnicki felt this to be a good idea but requested the Town Manager to make sure there is no liability issue associated with this proposal.
14. New Business
C. Resolution Setting a Time and Place for a Public Haring to Receive Citizen Input on a Proposed Amendment to the South Windsor Code of Ordinances, Ordinance #83, Article IV. Advisory Council, Section 26-101. Composition
BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, January 22, 2013, at 7:15 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 a proposed amendment to the South Windsor Code of Ordinances, Ordinance #83, Article IV. Advisory Council, Section 26-101. Composition.
Was made by Councillor Anwar
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
Deputy Mayor Bazzano made a motion to suspend the rules in order to go to Item 14. E.
ITEM:
14. New Business (Continued)
E. Resolution Establishing an Unexpended Education Fund Account for the Board of Education
WHEREAS, Special Education costs continue to rise and represent a significant portion of the South Windsor Board of Education budget; and
WHEREAS, the General Assembly passed Section 10-248a of the Connecticut General Statutes Public Act No. 10-108, section 32, which allows municipalities to establish non-lapsing Board of Education accounts; and
WHEREAS, the Act allows for municipalities to “deposit into a non-lapsing account any unexpended funds from the prior fiscal year from the budgeted appropriation for education for the Town, provided such amount does not exceed one percent of the total budget appropriation for education for such prior fiscal year”; and
WHEREAS, the South Windsor Board of Education endorses the establishment of such a non-lapsing account for the exclusive purpose of addressing Special Education costs
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby establishes the Unexpended Education Funds Account which shall be a non-lapsing account pursuant to Connecticut General Statutes 10-248a; and
BE IT FURTHER RESOLVED that the South Windsor Board of Education may deposit into the Account the aforementioned unexpended funds and that the Account shall be used for expenses associated with Special Education, which expenses may be incurred in the discretion of and with the approval of the Board of Education.
Was made by Councillor Snyder
Seconded by Deputy Mayor Bazzano
Answering questions from the Council, Mr. Galligan explained that the allocation would be from the budget and would not include grants. The Board of Education will decide how much of the surplus will be put into this
ITEM:
14. E. (Continued)
account with the provision that the amount does not exceed one percent of the total budget appropriation for education for such prior fiscal year.
Councillor Yagaloff stated he would support this proposal with the 1% budget cap and the fact that it can only be used for special education. It makes sense to build up the account and it also makes sense to use it on those years when the budget is tight. This will supplement the budget so eventually it will come back to help the Town in terms of buffering costs.
Councillor Anwar stated he would support this resolution, but would like to keep options available in the future in case funds are needed from the Board of Education side to the Town side to make operations work more efficiently.
Chairperson David Joy, from the Board of Education came forward and thanked the Council for their consideration on this matter. The need for this revolves around the fact that these costs are difficult to accurately predict from year to year. The Board of Education has a number of options where surplus from the previous years can be used, such as returning it to the general fund, using it to fund the non-certified pension account, or using it towards heath care reserves.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
D. Resolution Regarding 444 Nutmeg Road South Easements
WHEREAS, prior to 2008, the Town of South Windsor Planning and Zoning Commission (“Commission”) approved the subdivision of property located at 444 Nutmeg Road North (the “Property”) for the “Executive Court Subdivision” as shown on a certain Plot Plan entitled, “Plot Plan, G&S Scrap Metal, LLC, 444 Nutmeg Road North, South Windsor, Connecticut, Sheet 4/9, dated 2/5/08 and revised to 6/9/08, by Design Professionals, Job No. 2509, 1” = 40’ (the “Plan”); and
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
WHEREAS, as a part of that approval, certain easements were granted to the Town of South Windsor for access, utilities, drainage and discharge and street trees, which easements are reflected on the Plan and purportedly filed upon the land records at Volume 1868 Page 213 (the “Easements”); and
WHEREAS, the Plan also reflects various conservation easements granted to the Town of South Windsor with respect to the Property’s development (the “Conservation Easements”) which Conservation Easements are recorded in Volume 1868 at Page 224 of the Town of South Windsor land records; and
WHEREAS, the Commission has determined that the recombining of the subdivided Property by the current owner has rendered void and caused to expire the subdivision approval depicted on the Plan; and
WHEREAS, as a result of the expiration of the subdivision approval, the specific recorded Easements described above are no longer required; and
WHEREAS, the owner of the Property has requested that the recorded Easements be released by the Town and the Commission has approved of such release; and
WHEREAS, the owner of the Property agrees that the Conservation Easements depicted on the Plan and described above shall remain in full force and effect
NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor hereby authorizes the Town Manager to execute all necessary quitclaim deed(s) releasing the above-referenced recorded Easements but that all Conservation Easements depicted on the Plan and recorded in Volume 1868 at Page 224 of the Town of South Windsor land records shall remain in full force and effect.
Was made by Councillor Yagaloff
Seconded by Councillor Havens
ITEM:
14. D. (Continued)
Ms. Michele Lipe, Town Planner came forward and explained that the Executive Court subdivision was approved in 2006. At the time the Planning & Zoning Commission approved it, the mylars went on file, the bonds were posted and all of the easements were executed. About two years later G&S Scrap Metal purchased the whole 38 acres and by virtue of that they made the subdivision null and void because they combined all of the land back together and basically the subdivision is defunct. At this time the owner of the property would like to pursue possibly subdividing the property and after reviewing this with the Town Attorney, it has been determined that the above resolution would be necessary.
Answering questions from the Council, Ms. Lipe explained that all requirements will go on file.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
F. Resolution Endorsing the Regional Performance Incentive Program Project Proposal and Authorizing Town Manager, Matthew B. Galligan to Sign All Necessary Agreements
WHEREAS, Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth) passed by the Connecticut General Assembly provides statewide incentive grants to regional planning organizations for projects that involve shared services; and
WHEREAS, the Capitol Region Council of Governments is acting as a convener and facilitator of service sharing projects around the CRCOG region; and
WHEREAS, on November 16, 2011 the Policy Board of CRCOG passed a resolution authorizing development and submittal of an application package to the State Office of Policy and Management for funding under the Regional Performance Incentive Grant Program, on behalf of the Council’s member municipalities, and municipalities of other regions, which are participating in Council initiatives; and
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
WHEREAS, the Chief Elected Officials and municipal staff of the Capitol Region have developed a list of service sharing project proposals that will be included in this application package, to the benefit of individual municipalities and the region as a whole; and
WHEREAS, the Town of South Windsor has expressed an interest in taking part in the project proposal entitled “Back Office Study”
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council does hereby endorse the above referenced Regional Performance Incentive Program project proposal and authorizes Town Manager, Matthew B. Galligan to sign all necessary agreements and take all necessary actions to allow for the Town’s participation in this program.
Was made by Councillor Beaulieu
Seconded by Councillor Snyder
Mr. Galligan explained the process to the Council and then stated that there will be a benefit to the Town.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
Deputy Mayor Bazzano made a motion to suspend the rules to go to Agenda Item 14. H. Councillor Snyder seconded the motion; and it was approved, unanimously.
H. Discussion Item: Town Health Care
Mr. David Joy, Chairperson of the Board of Education came before the Town Council. Mr. Joy explained that the Board of Education believes the health care reserves for the health insurance are two separate reserves, one for the Town and one for the Board of Education. The Board of Education has worked hard in recent years to ensure that there is a level of funding in the reserve account that is appropriate to meet the risk of the plan. The Board of Education tries to maintain a three month balance of claims in that account. After discussions with the Superintendent, Mr. Joy stated it was his understanding that the Town Manager and Superintendent have different views regarding this issue. Mr. Joy suggested that all future dealings when putting any program together should be fully
documented.
ITEM:
14. H. (Continued)
Mr. Galligan stated that he was the architect of this program many years ago. The first year health care costs were cut by $1.6 million dollars. When this program was established, it was one plan with one group of employees that were trended together. When claims came in they were paid jointly by the reserves. Claims are paid for by each employee under the plan. The Town will have a 22% increase if only 178 employees are going to be trended. If this is the case, the Council will have to decide if they want to stay with this plan or look at new medical plans for insurance.
Councillor Anwar said that it is an unfortunate situation where the Town side has more claims but statistically this plan benefits the Board of Education more because there are more employees on that side to be able to offset each other. Having one reserve for a safety net for both sides is a transparent way to benefit both the Town and the Board Education.
Councillor Yagaloff felt the concept of paying on the premiums in proportion to the number of employees is a good one, as well as paying out additional expenses that need to be paid for because there is not enough in the reserve based on the number of employees.
Mr. Joy stated that the Board of Education has funded the reserve adequately and if the Town needs to borrow funds from the Board of Education reserve that would be appropriate.
Mr. Galligan responded that this is not an issue of funding the appropriate reserves. The Town has always budgeted the amount Ovations has told the Town to. The Superintendent has made it clear that the reserve funds are the Board of Education’s money and that the Town has not budgeted enough for reserves. The Town will not be able to be self insured if this is the route that is going to be taken.
Councillor Yagaloff suggested that the Board of Education and the Town Council discuss this further at a meeting to reach a mutual agreement and then move on from there.
Mayor Delnicki stated he would like to have an initial meeting with Ovations and then a joint meeting with the minority leaders and majority leaders of the Board of Education and the Town Council in order to come up with a solution.
ITEM:
14. New Business (Continued)
G. Discussion Item: 2013/2014 Budget
Councillor Snyder requested that when the budget calendar is complete it be posted on the website.
Mr. Galligan explained that as far as the budgets go he could not give revenue numbers because the State numbers are not out yet. The Council can review programs and expenses at this time and when the Governor comes out with the proposed revenue numbers the Council could have more discussions with staff.
Councillor Snyder stated that she would like to get a handle on the budget earlier this year. By the time March and April come around, the Town Council should be well informed on the budget.
Mayor Delnicki recommended that the schedule for the budgets begin in February.
Answering questions from Council, Mr. Galligan explained that the budget will consist of a summary and a detailed budget. The Charter guides the budget approval process. The Board of Education’s budget has to be adopted by a certain date and the Town’s overall budget is adopted by a certain date. There are some Mayors that have changed the schedule so everything is adopted the same night. Councilor Anwar wondered if it would be better from the Town’s perspective to have discussions of the Town’s budget and the Board of Education’s budget the same night.
Mayor Delnicki explained that the Charter only provides deadlines so the Council can begin budget deliberations at the next meeting. The key on the budget presentations will be not to put too much on the agenda for each meeting.
I. Discussion Item: Connecticut Studios Update
Councillor Snyder requested that updates regarding Connecticut Studios be put on the website so it will be easy for residents to find.
Councillor Yagaloff said he would like to know more about the funding mechanism that is going to be used for this project.
ITEM:
14. H. (Continued)
Councillor Anwar felt that the Connecticut Studios update could be put on the website except for confidential information. Councillor Anwar then stated that there are a lot of delays with this project but he understands that a lot of the delays are not under the control of Connecticut Studios.
15. Passage of Ordinance
16. Public Input
Mr. Michael Sullivan, 24 Jared Court came forward. Mr. Sullivan stated that the Council has discussed 63-20 Corporations and both the Council and Town Manager have voiced that using a 63-20 Corporation is a good idea. Mr. Sullivan’s concern is that using a 63-20 Corporation to fund any project would replace a project from going to referendum and the resident having a voice in the matter.
Mr. Sullivan then discussed the proposal of athletic fields and cautioned the subcommittee of other costs associated with that type of a project such as replacement costs and life cycle costs. Athletic fields need to be rebuilt and to have drain layer approvals.
17. Communications and Petitions from Council
- Communications and Reports from Town Manager
19. Executive Session
At 10:49 p.m. Deputy Mayor Bazzano made a motion to go into Executive Session, to discuss potential claims and litigation. Councillor Yagaloff seconded the motion; and it was approved, unanimously.
The following individuals went into Executive Session: Town Manager Matthew B. Galligan, Mayor Delnicki, Deputy Mayor Bazzano, Councillor Anwar, Councillor Beaulieu, Councillor Havens, Councillor Prague, Councillor Snyder and Councillor Yagaloff.
At 11:04 p.m. Deputy Mayor Bazzano made a motion to adjourn the Executive Session. Councillor Snyder seconded the motion; and it was approved, unanimously.
ITEM:
20. Adjournment
Councillor Snyder made a motion to adjourn the meeting at 11:05 p.m. Councillor Prague seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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