TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 3, 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 Kevin McCann
Councillor Cary Prague
Councillor Janice Snyder
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
After the Roll Call was complete, Mr. Roger Anderson from the Patriotic Commission along with Mayor Delnicki presented certificates to the winners of the Essay Contest. They were as follows:
Kindergarten through 2nd Grade
1st Place: Hailey Deptula, Kindergarten, Orchard Hill Elementary School
2nd Place: Rilee Harris, Second Grade, Pleasant Valley Elementary School
3rd Place: Kami Tarantino, First Grade, Pleasant Valley Elementary School
3rd Grade through 5th Grade
1st Place: Sophie Crane, Fourth Grade, Pleasant Valley Elementary School
2nd Place: Pranav Ramesh, Third Grade, Eli Terry Elementary School
3rd Place: Keshav Ramesh, Fourth Grade, Eli Terry Elementary School
6th Grade through 8th Grade
1st Place: Aaron Yao, Eighth Grade, Timothy Edwards Middle School
2nd Place: Vivian Ngo, Seventh Grade, Timothy Edwards Middle School
3rd Place: Victoria Pellegatto, Sixth Grade, Timothy Edwards Middle School
ITEM:
Patriotic Commission Essay Contest Winners (Continued)
9th Grade through 12th Grade
1st Place: Tushar Gaddi, Eleventh Grade, South Windsor High School
2nd Place: Mary-Kate Harper, Ninth Grade, South Windsor High School
3rd Place: Bridget Sharos, Tenth Grade, South Windsor High School
Also recognized was the winner of the South Windsor Spelling Bee:
Keshav Ramesh, 4th Grade, Eli Terry Elementary School
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and questioned when the health care costs and pension plan would be discussed as he had requested.
Mayor Delnicki informed Mr. Gonsalves that those items would be discussed in a future meeting.
At 8:32 p.m. the Regular Meeting was recessed in order to finish the Work Session agenda. The Regular Meeting reconvened at 9:03 p.m.
6. Environmental Health & Safety Message
Councillor Anwar informed the public and the Town Council that June is Men’s Health Month. It is important for individuals to be aware of certain diseases such as prostate cancer. Councillor Anwar also announced that this week is Sun Safety Week and it is important for people to protect themselves from the sun.
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Regular Meeting Minutes of May 20, 2013.
Was made by Councillor Prague
Seconded by Councillor Snyder
The motion was approved, unanimously
ITEM:
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
None
12. Consent Agenda
None
13. Unfinished Business
None
14. New Business
A. Resolution Approving a Transfer of $30,000.00 from the Contingency Account to the Finance Temporary Wages Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $30,000.00 from the Contingency Account to the Finance Temporary Wages Account to cover costs associated with the salary payment for an Interim Finance Director.
Was made by Councillor McCann
Seconded by Councillor Snyder
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Mr. Galligan explained to the Council that the Finance Director is currently on Family Medical Leave and the Assistant Director of Finance will be retiring. It is important for this department to have someone running the day to day operations. Mr. Jay Wahlberg who has experience in this area has agreed to work in this position for three (3) days per week and these funds will be used to pay him.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
B. Resolution Approving a Transfer of $10,000.00 from the Contingency Account to the Repair Maintenance Facilities Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $10,000.00 from the Contingency Account to the Repair Maintenance Facilities Account to cover costs associated with Handicapped Accessibility Code Compliance renovations and improvements to a restroom at the South Windsor Town Hall.
Was made by Councillor Havens
Seconded by Councillor Anwar
Mr. Galligan explained that presently the Town does not meet ADA requirements. It is being recommended that the two bathrooms on the main floor of the Town Hall have improvements done to them to be in compliance with the ADA requirements.
Answering questions from the Council, Mr. Galligan explained that the $10,000 being requested should allow the Town to make improvements in both the bathrooms on the main floor.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
C. Resolution Authorizing the Town Manager to Enter into a Contract Between the Town of South Windsor and The National Association of Municipal Employees – NAGE Local R1-103
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a Contract between the Town of South Windsor and The National Association of Municipal Employees (Dispatchers, Animal Control Officers and Community Service Officers – NAGE Local R1-103), said Contract to be effective for the Period of July 1, 2013 through June 30, 2016.
Was made by Councillor Beaulieu
Seconded by Councillor Anwar
Mr. Galligan reviewed the changes made in the contract and informed the Council that there is a savings of $35,000.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
D. Resolution Accepting the 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 A and attached hereto and made a part hereof.
Was made by Councillor Yagaloff
Seconded by Councillor Beaulieu
The motion was approved, unanimously
E. Resolution Waiving Competitive Bidding for the Skate Park
WHEREAS, the South Windsor Town Council appreciates the recreational value of skate boarding and BMX biking; and further recognizes the need for such a facility to accommodate the growing number of boarders and bikers in Town as outlined in the Park & Recreation Commission’s Master Plan of Development; and
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
WHEREAS, the South Windsor Town Council acknowledges that the desired 20,000 square foot design professionally created with input from local youth skaters will be located at Nevers Park; and is estimated at a cost of $258,000; and
WHEREAS, to fit budgetary constraints, the facility can be phased in with Phase I construction of the skate park competitively quoted at a price of $95,000; and
WHEREAS, timing to complete such project is critical to take advantage of current discounted pricing and avoid substantial increase effective July 1 and to guarantee a complete installation in time for the summer and fall 2013 skateboarding season; and
WHEREAS, the vendor of choice is the sole U.S.A. provider of the pre-cast concrete features carrying a 15-year warranty and willing to work with local sub-contractors
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the waiving of competitive bidding to complete this recreational project.
Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
Mr. Ray Favreau, Director of Parks & Recreation came before the Town Council. Mr. Favreau stated that the Town is one step closer to accommodating the nearly 300 local youth skaters that have petitioned the Park & Recreation Commission since 1999 to have a skate park. The reason why competitive bidding should be waived is because the company (Hard Core Designs) providing the services is sole provider patent to this pre-cast concrete features carrying a 15-year warranty. Most the features will be pre-fabricated and shipped here. Local contractors will be able to work with this company to construct the skate park. If the Town waits until after July 1st to take advantage of this opportunity, the cost increases approximately $10,500 to do the $95,000 project. The entire
project would cost $258,000 and if the Council so wishes there would be a savings of $42,500 if done now.
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
Answering questions from the Council, Mr. Favreau explained that the reason for waiving competitive bidding would be because there are no other contractors out there that make this type of product as well as offer a 15-year warranty. It is hopeful that the project will be done some time this summer.
Deputy Mayor Bazzano stated that something that appeals to him regarding this project is that local contractors will be used.
Councillor Yagaloff said he is not opposed to waiving competitive bidding because he understands the reasons for it and likes the way the skate spot construction is being proposed. One concern is that the Council has only discussed Phase I of the project at a cost of $95,000 which would be a complete project and in the resolution there is language discussing the future phases with a total cost of $258,000.
Mr. Favreau explained that the Park & Recreation Commission had originally budgeted for a Skate Park which would cost $258,000. Although the Town Council had approved only the $95,000 skate spot, Mr. Favreau stated that advantages have arisen regarding the financing and he wanted to bring that to the Council’s attention. The funds for this project are coming from the Park & Recreation Master Plan Capital Projects budget which is existing funding.
Councillor Yagaloff stated that he is not comfortable with the language in the second WHEREAS because the Council has never discussed the funding for a larger park and have not agreed that the Town should have a park of that size. A Skate Spot has been agreed upon and he would only be comfortable with discussing funding in the resolution for this item.
Councillor Yagaloff made a motion to an amendment to the resolution to eliminate the second WHEREAS paragraph of the resolution.
Deputy Mayor Bazzano stated he would accept that as a friendly amendment.
Councillor McCann voiced concern of eliminating that language but stated that the resolution before the Council tonight is waiving competitive bidding to get a good quality facility at a lower cost.
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
Councillor Anwar voiced concern of waiving competitive bidding for something that is not an emergency.
Councillor Prague stated he would support this resolution and if this project is used by the public he would support the $258,000 for a larger project in the future.
Councillor Beaulieu said she is in favor of this project and in the future if this project is successful then additional features could be added.
Answering further questions from the Council, Mr. Favreau explained that he has researched this issue and has found that there are no local companies that can do the pre-cast features.
Mayor Delnicki felt that the waiving of competitive bidding should only be used when there is an emergency.
Mr. Galligan informed the Council that the Town will meet with the local contractors to go over the specifications of the projects, review the contractor’s qualifications and figure out who is the best contractor that can meet the specifications of the project. The Town Charter was done in 1966 and competitive bidding at that time was capped at $5,000 which has never been changed.
Mayor Delnicki questioned if there was any public who would like to speak.
Mr. Don Gonsalves a resident at 40 Bayberry Trail came forward to speak. Councillor McCann made a point of order with an objection of the public being allowed to speak at this time. The Council is in the middle of their deliberations for a resolution that is before this Council. The Council does not have a tenth member of the Council to weigh in on what the Council is doing, it is not part of the rules and should not be allowed.
Councillor Yagaloff explained that he requested that Mr. Gonsalves come forward with any information he would like to add to this conversation.
Mr. Don Gonsalves, 40 Bayberry Trail came forward to oppose to $258,000 being used for a skate spot.
(Resolution Continued on the Next Page)
ITEM:
14. E. (Continued)
Councillor McCann called for a point of order stating that this is not information that is being provided to this Council.
Mr. Gonsalves stated that this Town Council approved $100,000 for a skate park and that is what the public is aware of. The Council should approve the $258,000 before anything further is done.
Mayor Delnicki explained that the Council has eliminated the $258,000 from the resolution and Mayor Delnicki stated he feels the third WHEREAS could also be eliminated because it talks about phases.
Councillor Yagaloff felt that the amount of the $95,000 should remain and offered a change to the resolution in the third WHEREAS to read, “the facility can be constructed at a price of $95,000”.
Mayor Delnicki thought that adding the language “as approved in the original resolution” would be needed.
Councillor McCann stated he does not see the need to make any further amendments to this resolution. It is clear that the Councillors view this as a skate spot to be constructed. In the future if the Council finds this skate spot has a great deal of use, the skate spot can be expanded upon. The only phase that is being approved tonight is Phase I.
Councillor Yagaloff felt that for clarity sake, he would not be opposed to striking the third WHEREAS.
Councillor Yagaloff made a motion to amend the resolution by eliminating the third WHEREAS from the resolution. Councillor Anwar seconded the motion.
Councillor McCann explained that if that paragraph is eliminated, the $95,000 cost has been eliminated.
Councillor Yagaloff explained that the original resolution clearly authorizes the use of $95,000 for the construction of a Skate Spot.
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
Mayor Delnicki called for a vote on the amendment. If failed on a roll call vote of 4 to 5 with Mayor Delnicki, Councillor Havens, Councillor Anwar and Councillor Yagaloff voting in favor of the amendment; and Deputy Mayor Bazzano, Councillor Prague, Councillor Snyder, Councillor McCann and Councillor Beaulieu voting in opposition to the amendment.
Mayor Delnicki called for a vote on the resolution. If passed on a roll call vote of 8 to 1 with Councillor Anwar voting in opposition to approval.
The resolution to read as follows:
WHEREAS, the South Windsor Town Council appreciates the recreational value of skate boarding and BMX biking; and further recognizes the need for such a facility to accommodate the growing number of boarders and bikers in Town as outlined in the Park & Recreation Commission’s Master Plan of Development; and
WHEREAS, to fit budgetary constraints, the facility can be phased in with Phase I construction of the skate park competitively quoted at a price of $95,000; and
WHEREAS, timing to complete such project is critical to take advantage of current discounted pricing and avoid substantial increase effective July 1 and to guarantee a complete installation in time for the summer and fall 2013 skateboarding season; and
WHEREAS, the vendor of choice is the sole U.S.A. provider of the pre-cast concrete features carrying a 15-year warranty and willing to work with local sub-contractors
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the waiving of competitive bidding to complete this recreational project.
ITEM:
F. Resolution Setting a Time and Place for a Public Hearing Regarding the Appropriation of Approximately $180,000.00 of LoCIP Funds
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, June 17, 2013, 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 approximately $180,000.00 of LoCIP funds for the paving of the Fire Department Headquarters driveway and a drainage project on Ridge Road.
Was made by Councillor Anwar
Seconded by Deputy Mayor Bazzano
Councillor McCann felt that the Town Council should discuss a solution for the drainage problem on Ridge Road with the Town Engineer before bringing this item to public hearing.
Mr. Galligan responded that there was a design for the project with an estimate of about $110,000. When a construction development happened in that area, it changed the water table.
Councillor Yagaloff agreed with Councillor McCann regarding this issue. The Council should have information about what the plans are before sending this item out to public hearing.
Mr. Galligan stated that there are a lot of drainage problems throughout Town. This is probably not the number one priority but there are Council members who wanted to have this problem resolved and a public hearing will bring out any problems regarding this issue. The Firehouse driveway is being requested to go to public hearing because the Town has worked with the person who wants to donate their labor and their cost for the machinery to dig it up. That individual will be coming back to the Town with actual costs but Mr. Galligan explained he did not want to delay the project.
Councillor Yagaloff made a motion to change the $180,000 for the repaving of the Firehouse driveway to $160,000 and remove the other pieces of the resolution. Councillor McCann seconded the motion.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Mayor Delnicki stated he would like to keep this resolution the way it was originally presented because the residents on Ridge Road have come before this Council many times to discuss this problem.
Councillor Anwar felt that the drainage on Ridge Road should be kept in the resolution and a public hearing should be held.
Councillor McCann said he does not have a problem with going forward with a public hearing for both projects, but would like to get the engineering report prior to holding the public hearing and hear from the Town Engineer that the plan will in fact solve the problem before funds are spent on this issue.
Councillor Snyder voiced concern of where this project suddenly falls within the priority listing. There have been many projects that have been listed on Capital Projects for the past ten years with 90% of them not complete. Councillor Snyder stated she would rather move forward with the resolution as amended.
Councillor Havens felt that the public hearing should go forward as originally proposed because the residents have been coming to the Council with this problem for many years.
Deputy Mayor Bazzano stated that as long as the Council gets the report before the public hearing is held he does not have a problem going forward with the resolution as originally proposed.
Mayor Delnicki called for a vote on the amendment. It failed on a roll call vote of 2 to 7 with Councillor Snyder and Councillor Yagaloff voting in favor of the amendment; and Mayor Delnicki, Deputy Mayor Bazzano, Councillor Anwar, Councillor Beaulieu, Councillor Havens, Councillor Prague and Councillor McCann voting in opposition to the amendment.
Mayor Delnicki called for a vote on the resolution; it was approved, unanimously.
ITEM:
14. New Business (Continued)
G. Resolution Approving a Refund of Taxes to Eight (8) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to eight (8) South Windsor Taxpayers, the total of said refund being $10,554.43, and as more fully described on attached Exhibit B.
Was made by Councillor Snyder
Seconded by Councilor Anwar
Councillor McCann requested that the Tax Collector get in touch with the mortgage company and have them straighten out how they do their closings so there are not multiple refunds being requested.
Mr. Galligan explained that the Town has discussed this issue with the mortgage company but will keep trying.
Deputy Mayor Bazzano requested a count of how much money has been given back for the entire year. Mr. Galligan stated he would request that from the Tax Collector.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
15. Passage of Ordinance
None
16. Public Input
None
17. Communications and Petitions from Council
Councillor McCann stated that he is glad to have the proper notice which is on the back of the first page of the agenda. This notice will help inform the public of the rules of addressing the Council.
ITEM:
17. Communications and Petitions from Council (Continued)
Councillor Anwar congratulated the Town of South Windsor for being named #2 in the Hartford Magazine’s “Top Towns”.
Councillor Yagaloff stated that he feels that the rules for Item #8 Public Petitions should be reworded so that the public can understand what is required for a public petition. Councillor Yagaloff also felt that the notice on the back of the first page of the agenda should be revised to add more information so the public can better understand the rules. South Windsor did very well in all categories in the Hartford Magazine. South Windsor has a lot to offer people and should be honored to have been recognized in the Hartford Magazine.
Mayor Delnicki stated that out of the thirty-two Towns that were surveyed and analyzed by the magazine, South Windsor came in at #2. Last year the same magazine had South Windsor tied for #5.
Deputy Mayor Bazzano informed the Town Council that there was a meeting held today regarding election signage throughout Town. Both Chairs of each party will bring it back to their respective party and it is hopeful to have a resolution in July for this coming election season. Deputy Mayor Bazzano then informed the Council that he contacted the editor for The Hartford Magazine and found out that South Windsor was confused with Southington and therefore was ranked at #9 instead of #2 in the overall ranking.
18. Communications and Reports from Town Manager
Mr. Galligan reported that revenues are coming in as anticipated which fund balance is a part of that revenue projection. Mr. Galligan stated that there will be reductions on the expenditure side so therefore the whole fund balance should not be used. At the next meeting the impact on the fund balance will be reported. A plan has been developed for the Town Hall Annex which has been sent to the State. The Town will also look for more grants funding for the Town Hall Annex project. Mr. Galligan stated that in the future he would be giving a report on the trip that he just recently took.
ITEM:
18. Communications and Reports from Town Manager (Continued)
Councillor Anwar stated that now that the budget is complete it is time to come back to our opportunity to work on a comprehensive plan for disasters and community involvement. It may be worthwhile to have four members of Council work on the ambulance issue instead of two. Councillor Anwar questioned why traffic violations have increased over 150 from January to April. Mr. Galligan stated he would get information regarding the traffic violations.
Councillor McCann felt that the Town should question Hartford Magazine if the report is specifically on crime statistics.
Councillor Yagaloff questioned if any construction has resumed for the Connecticut Studios Project?
Mr. Galligan answered that there is none that he is aware of.
Councillor Yagaloff then asked if there have been any permits pulled for this project.
Mr. Galligan explained that the permits would not be pulled until after the Power Purchase Agreement is complete.
Councillor Yagaloff stated that safety is a regional issue as much as a Town issue because South Windsor residents go into establishments in other Towns.
19. Executive Session
None
20. Adjournment
Deputy Mayor Bazzano made a motion to adjourn the meeting at 10:33 p.m. Councillor Anwar seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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