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Town Council Special Meeting Minutes 3/20/2013
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  March 20, 2013



TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall

1.      Call Meeting to Order

Mayor Delnicki called the Special Meeting to order at 8:06 p.m.  

2.      Roll Call

Members Present:        Mayor Thomas Delnicki
        Deputy Mayor Gary Bazzano
        Councillor M. Saud Anwar
        Councillor Cindy Beaulieu
        Councillor Kevin McCann
        Councillor Cary Prague (arrived at 9: 45 p.m.)
        Councillor Janice Snyder

Members Absent: Councillor Edward Havens
        Councillor Keith Yagaloff

Also Present:   Matthew B. Galligan, Town Manager

3.      Public Participation

Mr. Robert Dickinson, 19 Birch Road came before the Town Council to support the resolution on tonight’s agenda opposing the car tax proposal because of its negative impact on the budget and the necessity to then raise property taxes.

Mr. Don Gonsalves, 40 Bayberry Trail came forward and explained that he has been corresponding with the Chairman of the Board of Education and he mentioned to Chairperson Joy that there are three figures of spending in the audit report, Mr. Joy had never heard of that before.  The Board of Education never received a copy of the audit report.  Mr. Gonsalves explained that he would like a reconciliation from the budget to their total spending.  There is a figure in the audit report of $77M and the Board of Education’s budget was $64M.  The difference is probably grants but Mr. Gonsalves said he is concerned about the taxpayers if those grants go away.

Mr. Gonsalves then expressed concern about the teachers getting vacation and sick time that is accrued each year and is able to be carried over until they retire.




ITEM:

3.      Public Participation

Mayor Delnicki stated to Mr. Gonsalves that he should send his questions to the Town Council so they could be answered at the Joint Work Session between the Town and Board of Education on April 2, 2013.

Ms. Carol Driscoll, 61 Austin Circle came before the Council to discuss an item on the agenda tonight regarding political signs.  Ms. Driscoll stated that she feels candidates running for office should be able to put their signs wherever they please whether it is private property, Town property or State property.  All of the candidates are taxpayers and they all have the best interest of the Town at heart.  Ms. Driscoll suggested regulating the size of the signs but nothing else.

Mr. Mike Sullivan, 24 Jared Court stated that the Town Manager’s budget presentation did not give a detailed overview regarding administrative costs as well as staff salaries.  Mr. Sullivan then stated that there is a resolution on the agenda to establish a Recreation Center Sub-Committee.  The Town Council should recognize what the current priorities of the voters are.  A resolution or ordinance should be brought forward stating that the Town Council will not proceed with entering into a 63-20 Corporation or a 501C3 without the approval of the voters through a referendum, even if the Town Council wants to say anything $1 million dollars or $2 million dollars and above would have to go to referendum to be voted on by the voters.

Mr. Tom Lyons, 43 Wedgewood Lane came before the Town Council to discuss the hockey rink proposal.  Mr. Lyons explained to the Council the positive impacts that a hockey rink brought to Marlborough, Massachusetts.  The proposal of a hockey rink should be reviewed closely.

Mr. Bob Pellegatto, 128 Chapel Road stated he would like to see a Recreation Center built with a pool.  Mr. Pellegatto feels that a pool would be more advantageous then a hockey rink because of the amount of people that would use it.  The South Windsor students should have a pool in Town to compete at instead of going to Tolland.

ITEM:

4.      Communications

Mr. Galligan reviewed the status of solar panels for the Board of Education and explained why the Board of Education decided not to go with the solar company out of Florida.  Mr. Galligan explained some of the problem that have occurred with solar and then stated that the Board of Education is involved with CCM right now and it would be a problem to pull out now.  If the Board of Education does not like their bid maybe the group out of Florida will be considered again.

Councillor Anwar brought to the Council’s attention that there is a program for a drug lock box that has no cost to the Town and allows the public to dispose of their unwanted medications 24 hours a day, seven days a week.  The box could be kept at the Police Department or Community Center.  The Police Department would be responsible to empty the box.  Residents would not have to wait any length of time to dispose of unwanted medications.

Councillor Anwar then stated that he feels the Town Council should discuss school safety as part of the budget process.  The last item Councilor Anwar brought up was the Emergency Management Service which he feels should be discussed after the budget is complete.  The Town Council should visit the Manchester Emergency Operations Center.

Mayor Delnicki explained that ClearEdge Power conducted a massive layoff last Friday at their South Windsor facility.  Mayor Delnicki received a WARN (works adjustment and retraining notification act) on Friday, March 15, 2013 after the layoffs had already been done.  The letter was dated March 14, 2013 and sent by overnight mail.  Mayor Delnicki requested Mr. Galligan to contact the Attorney General of the State of Connecticut to see if ClearEdge Power met the full intent of the law.  Mayor Delnicki felt that the Town was not notified in a timely manner.

Mr. Galligan explained that as Town Manager, he should have received the letter and he never did.  Mr. Galligan then stated that he does not feel the company met the full intent of the law and thought the Town should have been notified 2-3 weeks before any lay offs happened.


5.      Executive Session

None

ITEM:

6.      Special Business

A.      Resolution Setting a Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2013/2014

BE IT RESOLVED that the South Windsor Town Council hereby sets Wednesday, April 24, 2013, at 7:00 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 proposed General Government Budget for Fiscal Year 2013/2014.

Was made by Councillor Anwar
Seconded by Councillor Snyder
The motion was approved, unanimously

B.      Resolution Setting a Time and Place for a Public Hearing on the Proposed Board of Education Budget for Fiscal Year 2013/2014

BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, April 9, 2013, at 7:30 p.m., Timothy Edwards Middle School, Room Alt. #6, 100 Arnold Way, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the proposed Board of Education Budget for Fiscal Year 2013/2014.

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

C.      Resolution Accepting the Resignation of Teri Dickey-Gaignat (R) an Alternate from the Board of Assessment Appeals

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Teri Dickey-Gaignat (R) an Alternate to the Board of Assessment Appeals, said resignation effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Teri Dickey-Gaignat for the time she has dedicated to serving her community by her membership on the Board of Assessment Appeals.

(Resolution Continued on Next Page)

ITEM:

6.      C.      (Continued)

Was made by Councillor Beaulieu
Seconded by Deputy Mayor Bazzano

Councillor Beaulie thanked Ms. Dickey-Gaignat for all of the service that she has given to that Commission.  Ms. Dickey-Gaignat is a very dedicated service member on the Republican Town Committee as well as other boards and commissions in Town.

Mayor Delnicki thanked Ms. Dickey-Gaignat for her service on the Board of Assessment Appeals.  

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

  • Resolution Appointing Carolyn Carey (R) an Alternate to the Board of Assessment Appeals 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 Carolyn Carey (R) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2014 to fill an unexpired term of Teri Dickey-Gaignat and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

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

E.      Resolution Opposing the Car Tax Proposal

WHEREAS, Governor Dannel P. Malloy has proposed a change in the calculation of car tax for all residents in the State of Connecticut; and

WHEREAS, local governments have not been consulted regarding this change and the impacts that could occur; and

(Resolution Continued on Next Page)

ITEM:

6.      Special Business (Continued)

WHEREAS, it has been determined by the Town Council of the Town of South Windsor that such impacts would create a revenue reduction of approximately $6.1 million dollars; and

WHEREAS, the Office of Fiscal Management has also indicated that the loss to the Town of South Windsor would be approximately $5.9 million dollars; and

WHEREAS, the Town Council of the Town of South Windsor feels such shift in revenues will only place a greater burden on the property values; and

WHEREAS, such burden will have a negative impact on senior citizens and businesses located in the Town of South Windsor

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor does herby oppose such a change in the car tax as proposed by the Governor; and

BE IT FURTHER RESOLVED that any changes to the local tax structure that affects municipalities in the State of Connecticut be communicated to all towns and cities so that appropriate input can be communicated back to the Governor and our State Legislators.

Was made by Councillor Anwar
Seconded by Councillor McCann

Councillor Anwar felt that this would be a difficult situation if the Town were to implement this proposed change in the car tax proposal.  The Town of South Windsor is already behind in revenue capacity and expenses are high.  There would be a significant negative impact to the community if the Town of South Windsor were to have a reduction in revenue of $6.1 million dollars.  Councillor Anwar felt that amendments in the resolution should be done but would support the resolution.

Councillor McCann made a friendly amendment to have the in the sixth paragraph to read “such burden will have a negative impact on residences and businesses located in the Town of South Windsor”.  Councillor Anwar agreed to the friendly amendment.

(Resolution Continued on Next Page)

ITEM:

6.      E.      (Continued)

Councillor McCann then made an amendment to the fifth paragraph to add “real” in front of property.  Councillor Anwar seconded the amendment and it was approved, unanimously.

Councillor McCann stated that this proposed change in the taxes on automobiles is probably the worst proposal the Council has seen.  It really had a negative impact on the Town of South Windsor and feels it is poorly conceived with respect to the impact it would have on all towns.  Councillor McCann stated he is in favor of this resolution.

Deputy Mayor Bazzano stated he is in support of this resolution.  This would have a negative affect on every town in Connecticut.  

Mayor Delnicki explained that he would be supporting this resolution because of the affect it would have on the Town.  

Councillor Anwar felt that communication gaps between the town’s and the state should be filled by the State Representatives and requested that the Governor’s letter be part of the minutes as Exhibit A.

Mayor Delnicki informed the Council that he has discussed this issue with the Town’s State Representatives and State Senator and they are aware of this issue and how it would impact the community.

Mayor Delnicki called for a vote on this motion; it was approved, unanimously.

The resolution to read as amended:

WHEREAS, Governor Dannel P. Malloy has proposed a change in the calculation of car tax for all residents in the State of Connecticut; and

WHEREAS, local governments have not been consulted regarding this change and the impacts that could occur; and

WHEREAS, it has been determined by the Town Council of the Town of South Windsor that such impacts would create a revenue reduction of approximately $6.1 million dollars; and

(Resolution Continued on Next Page)

ITEM:

6.      E.      (Continued)

WHEREAS, the Office of Fiscal Management has also indicated that the loss to the Town of South Windsor would be approximately $5.9 million dollars; and

WHEREAS, the Town Council of the Town of South Windsor feels such shift in revenues will only place a greater burden on the real property values; and

WHEREAS, such burden will have a negative impact on residences and businesses in the Town of South Windsor

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor does herby oppose such a change in the car tax as proposed by the Governor; and

BE IT FURTHER RESOLVED that any changes to the local tax structure that affects municipalities in the State of Connecticut be communicated to all towns and cities so that appropriate input can be communicated back to the Governor and our State Legislators.

F.      Resolution Authorizing the South Windsor Sidewalk & Bikeway Sub-Committee to Extend the Expiration Date of the Committee

WHEREAS, a Temporary Sidewalk and Bikeway Sub-Committee was established in 2012 to make recommendations to Council on the implementation of improvements and expansion of safe pedestrian and bicycle ways throughout the Town; and

WHEREAS, the sub-committee is to bring to the attention of the Town Council whatever measures the committee believes necessary to improve the Town’s policies and ordinances regarding safe pedestrian and bicycle ways; and

WHEREAS, the establishment of this committee was for one year; and

WHEREAS, the South Windsor Town Council wishes to allow this sub-committee to continue to make strides in improving safe pedestrian and bicycle ways throughout Town

(Resolution Continued on Next Page)

ITEM:

6.      F.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Sidewalk & Bikeway Sub-Committee to extend the expiration date of the Committee for two years; and

BE IT FURTHER RESOLVED that the sub-committee shall continue to report to Council on a quarterly basis, or more frequently as determined by the Sub-Committee.

Was made by Councillor McCann
Seconded by Councillor Snyder

Councillor McCann explained that the reason for this resolution is that the committee has made some strides in improving the access and safe use of our by-ways throughout the Town for pedestrians and bicyclists.  There have been suggestions to the Town Council, who went forward with the repeal of the burden of repair of sidewalks to abutting property owners unless the property owners caused the damage to the sidewalk.  The Committee has moved forward with the improvement of connector paths.  The Committee has also been working with Town staff to raise awareness of the challenges faced by pedestrians and bicyclist throughout the Town and are working on solutions for that.  Councillor McCann felt that the establishment of this sub-committee has been successful but there is more work to be done.

Councillor Anwar stated that the work being done by this sub-committee is being used as a model for other Towns.  The term needs to be extended to continue with the great work that is being done on the sub-committee.

Councillor Snyder stated that this sub-committee has brought forward tangible improvements to the Town that people are using.  There is great communication between the Town and this sub-committee.  Councillor Snyder thanked the representatives and volunteers that support this sub-committee.

Mayor Delnicki called for a vote on this motion; it was approved, unanimously.

(Resolution Continued on Next Page)
ITEM:

6.      New Business (Continued)

G.      Resolution Authorizing the Town Manager to Enter into a Contract with the Department of Economic & Community Development for a $7,430 Grant-in-Aid

BE IT RESOLVED that the South Windsor Town Council authorizes Town Manger, Matthew B. Galligan to enter into a contract between the “State Historic Preservation Office of the Department of Economic & Community Development” and the Town of South Windsor for a $7,430 Historic Preservation Grant-in-Aid to the South Windsor Historic District Commission; and

BE IT FURTHER RESOLVED that said $7,430 Grant is awarded to assist the Commission in conducting the second phase of its historic and architectural resource inventory of the buildings located in Town.

Was made by Councillor Beaulieu
Seconded by Deputy Mayor Bazzano

Ms. Virginia Macro, Chairperson of the Historic District Commission came forward and explained that it is actually the third phase that is being done now.  After this phase is complete, the survey of historic buildings in Town will be totally complete.  It is important to get this done because it will be put on the GIS survey map and it can be used in the planning to preserve the buildings that are worth preserving.

Councillor Beaulieu made a friendly amendment to the resolution to show that this is the “third phase” of the historic architectural resource inventory.  Deputy Mayor Bazzano agreed to the friendly amendment.

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


(Resolution Continued on Next Page)
ITEM:

6.      G.      (Continued)

The resolution to read as amended (friendly amendment):

BE IT RESOLVED that the South Windsor Town Council authorizes Town Manger, Matthew B. Galligan to enter into a contract between the “State Historic Preservation Office of the Department of Economic & Community Development” and the Town of South Windsor for a $7,430 Historic Preservation Grant-in-Aid to the South Windsor Historic District Commission; and

BE IT FURTHER RESOLVED that said $7,430 Grant is awarded to assist the Commission in conducting the third phase of its historic and architectural resource inventory of the buildings located in Town.

H.      Resolution Establishing a Temporary Sub-Committee to Research a Potential Recreation Center in South Windsor

WHEREAS, in March, 2001, a resolution was passed adopting a formal long-term master plan of development for parks and recreation needs; and

WHEREAS, a Recreation Center including an indoor pool was the primary indoor component of the aforementioned master plan; and

WHEREAS, an indoor pool (or indoor Swimming) was ranked first or second as either the most important town investment or activity in citizen satisfaction surveys in 1993/1994, 1994/1995, 1995/1996 and 1998/1999 and number one as the most desirable recreation facility in the 2003 Park & Recreation Commission public survey; and

WHEREAS, the resolution directed the Park & Recreation Commission to maintain, re-assess and update the plan annually to address the dynamic creational needs of the residents of South Windsor; and

WHEREAS, the implementation of a Recreation Center is needed in order to provide opportunities for health and wellness and to handle the growing number of individuals – youth, teens, adults and seniors – participating in recreational and leisure pursuits; and

(Resolution Continued on Next Page)

ITEM:

6.      H.      (Continued)

WHEREAS, in order for the Recreation Center to be successful, all factions of the population – youth, teens, adults and seniors – will need to be considered; and

WHEREAS, the temporary sub-committee will conduct research and present their findings to the Town Council and will make suggestions as to the feasibility of, and optional plans for, both a new Recreation Center, and potential renovation of an existing municipal building as well as all costs associated with such suggested project and explore possible funding options

NOW, THEREFORE, BE IT RESOLVED that, as request by the Park & Recreation Commission, the South Windsor Town Council establishes a temporary sub-committee, not to exceed ten (10) members consisting o two (2) Town Council members, two (2) Park & Recreation Commission members, the Town Manger, the Director of Parks & Recreation and other community members to be assigned by the Park & Recreation Commission; and

BE IT FURTHER ESOLVED that the sub-committee shall report to Council on a quarterly basis, or more frequently a determined by the sub-committee; and

BE IT FURTHER REOSLVED that after appointment, the sub-committee shall operate until a satisfactory plan is complete, unless changed by further action of Council.

BE IT RESOLVED that the South Windsor Town Council authorizes Town Manger, Matthew B. Galligan to enter into a contract between the “State Historic Preservation Office of the Department of Economic & Community

Deputy Mayor Bazzano stated that he would be withdrawing this resolution.

ITEM:

6.      New Business (Continued)

I.      Resolution Approving a Refund of Taxes to Twenty-Six (26) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-six (26) South Windsor Taxpayers, the total of said refund being $10,596.00, and as more fully described on attached Exhibit B.

Was made by Councillor Anwar
Seconded by Deputy Mayor Bazzano

Deputy Mayor Bazzano requested that a list be submitted to the Council because this seems like a large number.  Mr. Galligan stated he would get the Council a current list.

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

  • Discussion Item:  Political Signs (requested by Deputy Mayor Bazzano)
Deputy Mayor Bazzano began discussions by stating he did research and received information regarding rules for political signs during an election from Glastonbury (Exhibit C) and East Windsor (Exhibit D).  Deputy Mayor Bazzano stated he believes that political signs should not be placed on public property or town property.  Presently there are no regulations regarding the placement of political sign and on election day at the polling places the signs are overwhelming.  There should be regulations or an ordinance which allows one sign per individual at a polling place.  Deputy Mayor Bazzano requested that Council members review the exhibits, send him some suggestions and something can begin to be composed.  The Town should not continue to have signs littered everywhere.  An agreement for the future on the placement of campaign signs should be created.  Deputy Mayor Bazzano then explained that he does put up the sign for lacrosse up throughout Town but it is with the permission of town staff.

ITEM:

6.      J.      (Continued)

Councillor Anwar suggested that a committee be established that would include the Chairperson of the Republican Town Committee as well as the Chairperson of the Democratic Town Committee.  Deputy Mayor Bazzano stated that he would bring this issue up with each Chairperson of the different parties to get ideas from them but was not inclined to establish a committee.

Councillor Anwar suggested that there be uniformity with the election signs and also felt that a Code of Conduct should be established.

Councillor McCann felt that this is a good idea to establish a regulation or ordinance as well as having the Chairperson from each party come up with suggestions.

Councillor Beaulieu stated she is also in support of establishing restrictions and guidelines about how to handle political signs in Town as long as private property is kept out of these regulations.

Public

Mr. Hugh Brower, 25 West Road came forward and said the Town should establish a Code of Conduct that applies to both political parties.  Corners and medians should be addressed in the regulation/ordinance.

Councillor Prague stated that a property with a right of way is still the private homeowners property where with permission from a homeowner signs are allowed.

Deputy Mayor Bazzano suggested that a document be created that will inform candidates what they are allowed to do during an election and what they are not allowed to do.

Answerign questions from the Council, Mr. Galligan explained that if these regulations are instituted by an ordinance, the Zoning Enforcement Officer would be able to enforce the rules.

Deputy Mayor Bazzano added that there would probably be a 24 hour period to remove a sign in a place where it does not belong before the Zoning Enforcement Officer does any type of enforcement.

ITEM:

6.      J.      (Continued)

Councillor Anwar stated he feels that these guidelines should be given to candidates during State, Federal and Governor elections as they would during local elections.

7.      Adjournment

At 10:00 p.m. Councillor McCann made a motion to adjourn the Special Meeting.  Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council