TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 May 6, 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
Kari Olson, Town Attorney
After roll call was complete, Mayor Delnicki presented a proclamation to the South Windsor Walk & Wheel Ways Committee which proclaimed May 2013 as National Bike Month.
Ms. Ginny Hole stated that both West Hartford and Middletown are working on being designated as a bicycle friendly communities. Ms. Hole then informed the public and Council that there are two events planned to celebrate National Bike Month. On May 12, 2013 South Windsor Walk & Wheel Ways will be hosting a group bike ride; and on May 17, 2013, the South Windsor Walk & Wheel Ways will be hosting a Bike to Work event. Also on June 2, 2012 Connecticut Trails Day will be celebrated by taking a ride through the Frank Niederwerfer Wildlife Sanctuary.
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and recommended to the Council that the Council should contract a position to work with Tolland, not hire a new employee.
ITEM:
Deputy Mayor Bazzano made a motion to suspend the rules in order to go to Item 14. H. Councillor Yagaloff seconded the motion; and it was approved, unanimously.
14. New Business
H. Discussion Item: 85 Nutmeg Road
Mr. Galligan reviewed the background of this property and brought to the Town Council’s attention that there is a purchase and sale agreement as shown in attached Exhibit A. Town Attorney Kari Olson reviewed the agreement with the Council explaining that the original agreement with Mr. Exman, 485 Nutmeg Road had a significant tax abatement provision which provided 7 years of tax abatements. In talking with Mr. Galligan, the tax abatement is not being offered at this time. The Town is also insisting that the two lots be merged. Mr. Constantino will be required to put an intention to merger notice on the land records. It is clear that the Town would not be approving an assignment of the existing contract with Mr. Exman to Mr. Constantinos. The Town understands to date that the
value of the property based on what has been expended by both parties is around $424,000, but understands that it could be higher or lower. The last thing insisted upon is that the Town receive a general release from Mr. Exman with respect to that former contract. The Town would be relieved of any obligations what so ever flowing from that contract. Attorney Olson stated that she has received word that they have agreed to all of these terms.
Answering questions from the Council, Attorney Olson stated that she does not believe the original contract ran with the land. Mr. Exman only filed his deed on the land records very recently but would check on that for the Council.
Councillor Yagaloff stated that the Town is looking forward to moving this project along.
Attorney Olson explained to the Council that the purpose of bringing this forward was to find out if there are any other concerns that need to be raised before the purchase and sale agreement goes forward. A resolution can be drafted if the Council would like that to happen.
Councillor Anwar felt that the concerns brought forward were the main ones that needed to be addressed and he would support that this goes forward.
14. H. (Continued)
Councillor McCann felt that this looks to be a good deal for the Town. The Town is being protected appropriately. As long as the agreement is signed with the concerns outlined and addressed; and as long as the agreement of no assignment of contract also goes further and assures the Town that there has been no assignment of the contract up to this point then the Town is appropriately protected. Councillor McCann stated that if a project comes forward down the road that the Town would benefit from, then tax abatements may be offered at that time.
Mr. Galligan explained to the Council that the building on the property will be renovated so it can be in the market to be rented.
Attorney Olson stated that there should be a notice on the land records which states that Dr. Constantinos intent is to merge these two parcels.
Mayor Delnicki questions if a resolution should be acted on spelling out that there is an intent to merge these two parcels together.
Attorney Olson answered that there could be a resolution and also the merger document could be executed and held in escrow pending the final sale and the Town could file it on the land records as soon as the sale is done.
Mayor Delnicki felt that this is something that should be included to protect the Town’s interest in this.
Councillor McCann stated that his understanding of the legal concept of merger is that the filing of the notice of intent to merge is the legal concept that creates the merger as long as the two parcels are owned by the same entity. Attorney Olson stated that is correct and the same entity is going to be required to own both of these properties.
Mr. Constantinos came forward and said he is ready to move forward and thanked the Council for this opportunity.
Deputy Mayor Bazzano made a motion to suspend the rules in order to go to Item 14. G. Councillor Prague seconded the motion; and it was approved, unanimously.
14. New Business
G. Discussion Item: South Windsor Food Alliance Master Plan
Mr. Andy Paterna from the South Windsor Food Alliance came before the Town Council to present their master plan, as shown in attached Exhibit B.
Ms. Stephanie Young of the South Windsor Food Alliance explained to the Council that the “Plan to Carrot” campaign was started by a gentleman in Western Connecticut and it is now in sixteen States. It allows farmers markets that don’t make money or don’t anticipate generating money for them selves is to pay for the infrastructure and other types of items that there are not funds for. The South Windsor Food Alliance is accepting donations. There are activities that will help raise funds for this endeavor.
Councillor Anwar, Yagaloff and Havens all spoke in support of these endeavors.
Mr. Paterna said the best way to contact the Food Alliance is through southwindsorfood@gmail.com. South Windsor Food Alliance is also on facebook. Mr. Paterna then informed the Council and the public that it would take $30,000 to do a complete assessment to make the building on the Priest property usable. The South Windsor Food Alliance is working with the Connecticut Trust for Historic Preservation to try to gain a grant for $15,000. There has been discussions with the Recreation Department to create a camp for the summer where children will go
to learn about farming.
6. Environmental Health & Safety Message
None
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Special Budget Work Session Minutes of April 22, 2013; Work Session Minutes of April 14, 2013; Special Meeting of April 22, 2013; Regular Meeting Minutes of April 15, 2013; and Public Hearing Minutes of April 24, 2013.
Was made by Councillor Snyder
Seconded by Councillor McCann
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
12. Consent Agenda
Councillor Havens and Deputy Mayor Bazzano made a motion to approve Items 13. A. through 13. C. as the Consent Agenda. Councillor Yagaloff seconded the motion, and it was approved, unanimously.
13. Unfinished Business
A. Resolution Appointing Karen Wagner (D) to the Human Relations Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Karen Wagner (D) to the Human Relations Commission for a term ending November 30, 2015 to fill a vacancy.
(Approved by Consent Agenda)
- Resolution Appointing Caroline Taylor (D) to the Housing Authority
BE IT RESOLVED that the South Windsor Town Council hereby appoints Caroline Taylor (D) to the Housing Authority for a term ending November 30, 2017 to fill an expired term of Jay Knipple.
(Approved by Consent Agenda)
ITEM:
13. Unfinished Business (Continued)
- Resolution Appointing Michael Kelly (R) an Alternate to the Park & Recreation Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Michael Kelly (R) an Alternate to the Park & Recreation Commission for a term ending December 31, 2013 to fill an unexpired vacancy.
(Approved by Consent Agenda)
14. New Business
A. Resolution Authorizing the Town Manager, Matthew B. Galligan to Enter into and Execute a Technology Services Agreement with the Town of Tolland for Information Technology Services
WHEREAS, Tolland has a need for certain information technology services for the operation of its governmental functions; and
WHEREAS, Tolland does not have the technical systems and personnel in-house necessary to implement a comprehensive information technology system; and
WHEREAS, South Windsor has the technical systems and ability to provide Tolland with the information technology services Tolland desires; and
WHEREAS, South Windsor and Tolland desire to reduce/maintain costs through regional collaboration; and
WHEREAS, Tolland would like to utilize the expertise of the Town of South Windsor; and
WHEREAS, South Windsor and Tolland would like to enter into an agreement for information technology services
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into and execute a Technology Services Agreement with the Town of Tolland for information technology services.
Was made by Councillor Yagaloff
Seconded by Councillor Havens
Councillor Yagaloff stated that this item was discussed during the Work Session meeting but the decision needs to be made whether the job will be performed by an employee of the Town or by way of a contractor.
Mr. Galligan explained that at this time the Town would probably look for the lowest possible cost which would probably be the outside contractor. If that does not happen then we would have to look for an employee at that point. After Tolland approves a contract, that contract can be brought back to the Council for approval.
Councillor Yagaloff said his preference would be to hire the employee contingent on the funding so that there would be an individual committed to the Town of South Windsor. The Town then would not just be training and having that person leave in a year or so.
Councillor McCann stated he would support this resolution if the Town uses an independent contractor but not if an employee is added. If the Town is going to add an employee to service other Towns, Councillor McCann stated he would be in opposition. The agreement needs to be subject to approval by the Town Council.
Councillor McCann made a motion to amend the resolution by adding verbiage at the end of the resolution to say “utilizing an independent contractor to staff such position and such agreement to be subject to subsequent approval of the Town Council”. Councillor Prague seconded the amendment.
Councillor Anwar voiced concern with micromanaging the Town Manager so he would not support this amendment.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Councillor McCann stated that he does not want to micromanage either but he does not want to support something that he is not in agreement with which is hiring a new employee.
Answering questions from the Council, Mr. Galligan explained that there may be people at this time looking to come in and have a contractual relationship. At some time when the economy starts picking up it may be harder to keep a contractual employee. The Town Council does have the option at a later date to hire someone as a full time employee. If the resolution is going to state that it will be a private contractor and the Town can’t find a contractor to do this then the contract is being delayed. The Town will have to work very quickly on this so that Tolland will know if South Windsor can fulfill any type of agreement.
Mayor Delnicki called for a vote on the amendment; it passed on a roll call vote of 5 to 4 with Mayor Delnicki, Deputy Mayor Bazzano, Councillor Prague, Councillor Beaulieu and Councillor McCann voting in favor of the amendment; and Councillor Snyder, Councillor Yagaloff, Councillor Havens and Councillor Anwar voting in opposition to the amendment.
Councillor Anwar stated that he would be supporting the resolution at this time because it is something that needs to be done.
Mayor Delnicki called for a vote on the amended resolution; it pass unanimously.
The amended resolution to read as follows (changes in bold):
WHEREAS, Tolland has a need for certain information technology services for the operation of its governmental functions; and
WHEREAS, Tolland does not have the technical systems and personnel in-house necessary to implement a comprehensive information technology system; and
WHEREAS, South Windsor has the technical systems and ability to provide Tolland with the information technology services Tolland desires; and
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
WHEREAS, South Windsor and Tolland desire to reduce/maintain costs through regional collaboration; and
WHEREAS, Tolland would like to utilize the expertise of the Town of South Windsor; and
WHEREAS, South Windsor and Tolland would like to enter into an agreement for information technology services
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into and execute a Technology Services Agreement with the Town of Tolland for information technology services utilizing an independent contractor to staff such position and such agreement to be subject to subsequent approval of the Town Council.
- Resolution Authorizing Town Manager, Matthew B. Galligan to Execute and Deliver Any and All Documents Deemed to be Necessary or Appropriate to the State of Connecticut, Department of Emergency Management and Homeland Security on behalf of the Town of South Windsor.
BE IT RESOLVED that the Town of South Windsor may enter into with and deliver to the State of Connecticut, Department of Emergency Management and Homeland Security any and all documents which it deems necessary or appropriate for the “Memorandum of Agreement Regarding use of Federal Fiscal Year 2011 State Homeland Security Grant Funding and Custodial Ownership of Regional Assets in DEMHS Region 3”; and
BE IT FURTHER RESOLVED that Matthew B. Galligan, Town Manger of the Town of South Windsor is authorized and directed to execute and deliver any and all documents on behalf of the Town of South Windsor and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of the “Memorandum of Agreement Regarding use of Federal Fiscal Year 2011 State Homeland Security Grant Funding and Custodial Ownership of Regional Assets in DEMHS Region 3”, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
Was made by Councillor Beaulieu
Seconded by Councillor McCann
Mr. Galligan explained that this is a grant that allows the Town to pool funds regionally with other Towns in order to get larger equipment that just one Town could not purchase.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously
C. Resolution Authorizing the Town Manager to Enter into a Contract for an Historic Documents Preservation Grant with the Connecticut State Library
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Matthew B. Galligan, South Windsor Town Manager to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant.
Was made by Councillor Anwar
Seconded by Councillor Snyder
Mr. Galligan explained that these are grants that are applied for by the Town Clerk which allows the Town to go into our archives and take those documents and preserve them. This is a grant that the Town enters into every year.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
- Resolution Approving a Transfer of $30,000.00 from the Contingency Account to the Town Manager’s Professional Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $30,000.00 from the Contingency Account to the Town Manager’s Professional Account to cover costs associated with the repaving of the Fire Department Headquarters, Company #1 parking lot.
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano
Councillor McCann stated that this would allow for repairs to the deteriorated driveway that leads from the bays of the fire house out to Ellington Road. There are severe ruts there and the pavement needs to be repaired. It has been discussed to replace what is there with a concrete pad and an asphault apron out to the street. There has been some discussion about the costs of the materials to do that. Environmental Services has volunteered to do the labor for this project if the Town would fund the necessary materials.
Mr. Galligan stated he would like to table this item at this time because the Town took some test borings and some of the areas are in bad condition. The original estimate to do this was about $83,000 with black top. If the whole project was done with concrete the materials would cost approximately 143,000. The base is in bad condition and more discussions should take place between staff and Environmental Services.
Councillor McCann made a motion to table this item. Councillor Snyder seconded the motion; and it was approved, unanimously.
F. Resolution Approving a Refund of Taxes to Thirty-Eight (38) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to thirty-eight (38) South Windsor Taxpayers, the total of said refund being $30,878.18, and as more fully described on attached Exhibit C.
Was made by Councillor Prague
Seconded by Councillor Anwar
Councillor McCann requested whether anything is being done so that entities do not come back repeatedly with applications for refunds. It would be appropriate to contact these entities that appear time after time and see if we can straighten things out so that there is not overpayment of taxes.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Mr. Galligan stated that he could go through and give the Council the detailed backed slips and could get a report from the Tax Collector.
Mayor Delnicki felt that there is no information that can be gained from the report because it looks like everything is addressed.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
I. General Government Budget
Mr. Galligan had given the Council a memorandum with budget changes requested by Councillor McCann, as shown in attached Exhibit D.
After reviewing the memo, Councillor Yagaloff stated that he would not be able to support these budget changes. There is no background information or details provided.
Mayor Delnicki stated that the Council is aware that on 35.09 mills the Town is looking at a 5.75% tax increase, but questioned the tax increase on a 35.33 mill rate. Mr. Galligan said he would have that tax increase for Wednesday’s meeting.
Answering questions from the Council, Mr. Galligan explained that the school hired an outside consultant to review all of the school buildings. They are looking at approximately $385,000 to $410,000 that is needed for changes for safety. LoCIP funds in the amount of $160,000 to $170,000 could be used for this project. The remainder of the funds needed would come from the Board of Education side of the budget.
Councillor Anwar stated that he would like to have a conversation on the expenditure adjustments. It is not his priority to entertain a $3 million dollar turf field at this time.
(Resolution Continued on Next Page)
ITEM:
14. I. (Continued)
Councillor McCann explained that the purpose of this memo is to put proposals on the table to be discussed with the Town Council and decide what should go forward in the budget. The revenue projections were increased modestly. The use of fund balance was decreased from $800,000 to $400,000 which makes good fiscal sense. The pension increase of $125,000 would help to begin to change the discount rate that is used by the Town’s Actuary to set the ARC. The addition of a Police Office is being proposed because as the Council has heard, there are a number of Police Officers that could retire and Chief Reed has voiced his interest in having another Resource Officer. It will be left up to Chief Reed to decide where the most appropriate use of another Police Officer could be used. The Girls
Softball field renovation is something that needs to be done for upgrades in ADA Compliance and safety. The VMP parking lot is in a horrendous state and needs to be repaired. The field complex being proposed on the 11 acres as part of the Nevers Road Park is the upside cost of such a proposal. Councillor McCann stated that there is going to be a large tax increase this year and with these amenities the Town will have improvements also.
Councillor Havens said he would not be able to support any of these items at this time. This proposal is a big change to the budget.
Deputy Mayor Bazzano felt that with all of these items added in, it is not a substantial increase for what the Town would be getting.
Councillor Beaulieu stated that the pension plan is something that needs to be done. The Town side of the pension is underfunded and should be funded at $125,000 for four years in order to bring the discounted rate to 7.5% rather then 8%. The fund balance can not continue to be used to balance the budget. The Town is dangerously close to a level that rating agencies will not continue to rate the Town AA based on the amount of fund balance that has been used.
Councillor Snyder requested that Council members consider the five-year Capital Project plan as it has been recommended.
(Resolution Continued on Next Page)
ITEM:
14. I. (Continued)
Councillor Yagaloff stated that the Council needs to look for ways to cut spending and to mitigate against the effect of the revaluation on the commercial property owners. Residents can not afford these types of tax increases.
Councillor McCann felt that if Council members want to grow the tax base then improvements need to occur. This proposal will allow taxpayers to see something for their dollars.
Councillor Anwar felt that there are items that have value but this is not the right time. Items should be prioritized over the next five years.
Deputy Mayor Bazzano stated that if the Council is interested in the taxpayer then the Council should be doing what is best for the taxpayer and sometimes that means spending money on things that will make South Windsor a better Town. If the Town Council continues to reduce the budget for items that are needed instead of making things better, the taxpayers are the ones who will suffer over time.
Public
Mr. Matt Riley, 12 Heatherwood Drive came before the Council and stated that the additional items that have been added to the budget sound worthwhile. The Council needs to invest in the Town and he hopes the Council will support these items proposed.
15. Passage of Ordinance
None
16. Public Input
None
17. Communications and Petitions from Council
Councillor Havens announced that there is a new reporter for the Journal Inquirer, Gail Montany
ITEM:
18. Communications and Reports from Town Manager
None
19. Executive Session
None
20. Adjournment
Deputy Mayor Bazzano made a motion to adjourn the meeting at 10:43 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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