TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 July 1, 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. The Regular Meeting was then recessed at 8:00 p.m. in order to finish the Work Session agenda. The Regular Meeting reconvened at 8:05 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
Dwight Johnson, Town Attorney
5. Public Input
Mr. Hugh Brower, 25 West Road came forward and stated that he feels and recommends to the Town Council that residents should have been informed regarding the Special Meeting held on Friday, June 28, 2013 regarding the Connecticut Studios reverter. Residents did not have a chance to attend this meeting.
Mr. Steve Wagner, 181 Tumblebrook Drive informed the Council and public that fuel cells run off of natural gas and is a cleaner energy source.
6. Environmental Health & Safety Message
Councillor McCann informed the Council and the public that July is Skin Cancer Awareness Month. Everyone should use sunscreen.
ITEM:
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Joint Work Session with the Board of Education Minutes of April 2, 2013; Special Meeting Minutes of May 13, 2013; Work Session Minutes of June 17, 2013; Public Hearing Minutes of June 17, 2013; and Regular Meeting Minutes of June 17, 2013.
Was made by Councillor Havens
Seconded by Councillor Anwar
The motion was approved, unanimously
8. Public Petitions
Mayor Delnicki read into the record a petition from residents on Clark Street. The residents of Clark Street would like to ban tractor trailer traffic on Clark Street.
Mr. Galligan said that the Police Department Traffic Division will go out and do traffic counts and see how many tractor trailer trucks use the road.
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
Councillor McCann reported that the Sidewalk & Bikeway Sub-Committee will be going forward with a sidewalk plan in the South Windsor Center region between the Town Hall and Evergreen Walk with an extension going up Ellington Road towards the Post Office. Committee members have met with some of the abutters to apprise them of this project. The project will not begin until 2014. The Committee members will continue to reach out to residents and businesses in the area.
Councillor Anwar added that he contacted the Town Manager with issues regarding this project and has requested an opinion from the Town Attorney.
ITEM:
11. Reports of Temporary Committees (Continued)
Deputy Mayor Bazzano stated that there was an Athletic Fields Sub-Committee last week. Additions have been made to the plan.
12. Consent Agenda
None
13. Unfinished Business
None
14. New Business
A. Resolution Extending the Reverter Clause Deadline
BE IT RESOLVED that the Town of South Windsor and the South Windsor Redevelopment Agency, acting through their duly authorized officials, extend to ______________, 2013, the reverter deadline set forth in the fourth paragraph of a certain Statutory Form Quit Claim Deed to Connecticut Studios, LLC, dated October 26, 2009, and recorded at Vol. 2077, Page 183-184 on the land records of the Town of South Windsor, Connecticut, and as said reverter deadline has previously been extended; and
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute this date a Fifth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
Mayor Delnicki stated that this resolution had already been acted upon at the Special Meeting held on Friday, June 28, 2013.
ITEM:
14. New Business (Continued)
B. Resolution Deleting Reverter Provision in Quit Claim Deed of October 26, 2009
BE IT RESOLVED that the Town of South Windsor and the South Windsor Redevelopment Agency (the “Grantor”), acting through their duly authorized officials, have determined that it is appropriate to remove the fourth paragraph from a certain Statutory Form Quit Claim Deed to Connecticut Studios, LLC (the “Grantee”), dated October 26, 2009, and recorded at Vol. 2077, Page 183-184 on the land records of the Town of South “Windsor, Connecticut, which paragraph provides for a possible reverter tot he Grantor of he property conveyed by that Deed to the Grantee, said determination reflecting the important progress made in recent weeks by the Grantee in the development of the Connecticut Studios Project and the recognition by the Council that the continuation of the risk of a reverter may have an adverse
effect on the Property; and
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute a Fifth Amendment to Quit Claim Deed removing said paragraph.
The Town Council stated they would not be acting on this resolution tonight.
C. Resolution Referring the Proposed Renovations/Rehabilitation of the Little League Shack on Ayers Road to the Planning & Zoning Commission Pursuant to the Requirements of Section 8-24 of the Connecticut General Statutes
WHEREAS, the Little League Shack on Ayers Road is in need of renovations/rehabilitation; and
WHEREAS, any plans that includes the use of Town monies, must first be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes
(Resolution Continued on Next Page)
ITEM:
14. C. Continued
NOW, THEREFORE, BE IT RESOLVED that the proposed renovations/rehabilitation of the Little League Shack on Ayers Road be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statues.
Was made by Councillor Beaulieu
Seconded by Councillor McCann
Answering questions from the Council, Mr. Galligan explained that the funds in the amount of $100,000 are in place for this project. The Town has been waiting for Little League to come up with their share of the funds necessary. Mr. Galligan also explained that this foot print would expand because handicap bathrooms are being installed.
Councillor Yagaloff stated that generally when the Council does an 8-24 referral to the Planning & Zoning Commission it is a project that has been presented to the Council and the Council is supporting the project. Councillor Yagaloff said he would support this item tonight because he does not want to hold up the project.
Mr. Galligan stated that this project could be reviewed at the July 15th Town Council meeting if the Council so chooses.
Mr. Favreau stated that no definitive plan has been drafted but it is felt that the first step would be to go to the Planning & Zoning Commission to make sure that the site plan is good. The building needs to be renovated and expanded as well as the restrooms needing to be handicap accessible.
Answering further questions from Council members, Mr. Galligan explained that this was approved by a prior Council many years ago. The Town did not want to move forward with the project until the Little League came up with their share of funds to do this project. The Planning & Zoning Commission has to approve this project and then the project will come back to the Council. This resolution is for a referral to the Planning & Zoning Commission.
Mayor Delnicki called for a vote on this motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Authorizing Banks and/or Financial Institutions for Depositories of Town Funds for Fiscal Year 2013/2014
BE IT RESOLVED that the South Windsor Town Council, in accordance with Section 205 of the Charter of the Town of South Windsor, hereby authorizes the Town Treasurer to use the following banks and/or financial institutions for depositories of Town funds under the jurisdiction of the Town Treasurer for 2013/2014 Fiscal Year:
Bank of America
Citizens Bank
Columbus Bank & Trust
Cutwater Class
Farmington Bank
State Street Bank and Trust Company of Connecticut, N.A.
State Treasurer’s Investment Fund
Sovereign Bank
TD Bank North
Webster Bank
Was made by Councillor Yagaloff
Seconded by Deputy Mayor Bazzano
Answering questions from the Council, Mr. Galligan explained that Cutwater Class used to be MBIA. The Town has used this company for years. Their rating is either a AA or AAA.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Accepting Streets and Open Space with the Dzen Tree Farm Subdivision
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for streets and open space within the following Subdivision:
Dzen Tree Farm Subdivision
Frazer Fir (partial) - 1,620 linear feet
Balsam Fir Road - 485 linear feet
Open Space (A) - 19.4 acres
Open Space (b) - 4.98 acres
Was made by Deputy Mayor Bazzano
Seconded by Councillor Snyder
Councillor Yagaloff questioned if the open space agreements allow the Town to create access into these areas? Mr. Galligan explained that it is a Planning & Zoning Commission agreement and would have public access. There have been suggestions made that as the Town takes over the open space signs should be put up saying that this is open space owned by the Town, no trespassing unless you see a public access right of way. The Park & Recreation Department is reviewing putting up some type of sign. Mayor Delnicki added that this is an open space subdivision where as part of the approval by the Planning & Zoning Commission a percentage of the subdivision has to be dedicated open space.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
F. Discussion Item: Texting and emailing during Town Council meetings (requested by Mayor Delnicki)
Mayor Delnicki explained that he requested this discussion because a number of people brought to his attention that three or four meetings ago there were individuals on the Council that were texting or emailing during a meeting. Mayor Delnicki read a legal opinion into the record from Murtha Cullina, as shown in attached Exhibit A. If any Council member needs to be contacted for an emergency reason, the phone number for the camera
ITEM:
14. F. (Continued)
operator could be given to each Council member so a message could be sent up to the Council Chambers.
Mr. Galligan reiterated that an emergency call would go to the media center and then the media center would contact the Council Chambers. Mr. Galligan felt that it would be appropriate for Dr. Anwar to continue to receive calls on his cell phone because he is a doctor and is on call frequently.
Town Attorney Dwight Johnson stated that if an individual Council member needs to take a personal call or needs to make a personal call that would not be subject to discloser under FOIA. Calls, emails or texts concerning Town business are subject tot FOIA. Town Attorney Johnson then suggested that council members set up separate email accounts for Town businesses and personal business in case any Council member’s information is ever subpoenaed.
Answering questions from the Council, Mayor Delnicki explained that this item was brought forward for discussion in order to try to avoid a circumstance where people are watching a meeting and thinking something is going on.
Councillor Yagaloff stated that Council members could be taking notes, but the Council needs to remember how the public perceives Council members using electronic devices during a meeting.
Councillor McCann thanked the Town Attorney for his opinion. All Council members carry some type of responsibility that may need to be addressed during meetings.
Answering further questions from the Council, Town Attorney Johnson explained that if six members of the Council from the same party gather socially and are discussing social matters, it would not be considered a quorum but if six members of the Council from the same party are gathering socially and discussing Town business that could be considered a quorum and would be subject to FOI. FOI has a very aggressive position on disclosure that is not supported by the courts. The courts generally do a pretty good job of balancing the need of the right of the public to know what is going on with the needs of the parties.
ITEM:
14. F. (Continued)
Councillor Yagaloff stated that if a majority party constitutes a quorum it may not caucus with third parties that are not part of the Council. Town Attorney Johnson said he feels that Councillor Yagaloff is correct, a third party can not be brought into discussions but he would review the statutes and distribute to the Council. Councillor Prague stated he believes a third party can be included in discussions as long as they are a member of the Town Committee or if they are of the same party, that is not an illegal meeting.
G. Discussion Item: Campaign Signs during Elections (requested by Deputy Mayor Bazzano)
Deputy Mayor Bazzano explained that the Chairman of the Democratic Town Committee was unable to get this issue on their agenda to review the sign issues that the Committee had worked on. The Democratic Chairperson has been asked to get his party together in July so that in September both party Chairs can come together as one with decisions on how signs will be handled during the upcoming campaign season. The Committee would like to meet with both Chairs in August.
Councillor Anwar felt that when signs are on Town property the Town has a responsibility to have a say. There needs to be open dialogue on this issue so there is a process that everyone is happy with.
Councillor Prague said he would not vote for anything because it is illegal. If both parties come up with an agreement, Councillor Prague said he would support that but it has to be an agreement. Everybody has the right to get their message out any way they can.
Town Attorney Johnson requested that he be allowed to review anything that is drafted because there are both federal and state constitutional issues about the limitations that can be put on political speech which includes signage.
Councillor Havens felt that determining what kind of signs to put up is a waste of time.
15. Passage of Ordinance
None
ITEM:
16. Public Input
None
17. Communications and Petitions from Council
None
18. Communications and Reports from Town Manager
Mr. Galligan explained to the Council that the property that Keith Mangene would like to donate to the Town is part of an estate. Mr. Galligan has requested that Mr. Mangene produce something in writing or bring in someone from the trust to prove that he has the ability to transfer the title. Mr. Galligan informed the Council that Mr. Mangene has missed three or four meetings, so this issue has not gone any further.
19. Executive Session
None
20. Adjournment
Deputy Mayor Bazzano made a motion to adjourn the meeting at 9:26 p.m. Councillor McCann seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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