TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 July 15, 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 Janice Snyder
Councillor Keith Yagaloff
Members Absent: Councillor Cary Prague
Also Present: Matthew B. Galligan, Town Manager
Ms. Allyson Fournier a South Windsor resident who attends Tufts University was presented a proclamation honoring her for being a part of the Tufts University Softball Team who won its first Division III National Championship, being selected as the Most Outstanding Player of the tournament, and being selected to receive the Honda Sports Awards as the Division III Athlete of the Year.
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 came forward and stated that he is interested in hearing more about the TIP Capital Master Lease Agreement because he would like to know if this type of financing could be used for athletic fields or other recreational projects which he feels the public will want referendums on. The Miracle Fields seems like a worthwhile project that could be brought forward by referendum with the other proposed fields. Mr. Sullivan also stated that he would like to know how much the Town has spent on the Connecticut Studios project to date. There is still a mortgage on the property which was supposed to be removed before the Town Council went forward with the Connecticut Studios project. More information needs to be provided to the public regarding this project.
ITEM:
5. Public Input (Continued)
Ms. Barbara Hoff, 51 Wildlife Trail came before the Town Council to speak in opposition of extending the reverter for the Connecticut Studios project. It has been five years of useless discussions and promises for a project that will never happen.
At 8:20 p.m. Mayor Delnicki recessed the Regular Meeting in order to finish the Work Session. The Regular Meeting reconvened at 9:13 p.m.
6. Environmental Health & Safety Message
Mayor Delnicki announced that the Town of South Windsor will have two locations for cooling centers. The Community Center from 8:00 a.m. to 7:00 p.m. all week and the Library from 9:00 a.m. to 9:00 p.m. Monday through Thursday, 9:00 a.m. to 4:30 p.m. on Friday, and 9:00 a.m. to 1:00 p.m. on Saturday.
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session Minutes of July 1, 2013; and Regular Meeting Minutes of July 1, 2013.
Was made by Councillor Anwar
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
None
ITEM:
11. Reports of Temporary Committees
None
11. Reports of Temporary Committees (Continued)
None
12. Consent Agenda
None
13. Unfinished Business
None
14. New Business
A. Resolution Accepting the Resignation of Patrick Kennedy (R) from the Planning & Zoning Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Patrick Kennedy (R) to the Planning & Zoning Commission, said resignation effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Patrick Kennedy for the time he has dedicated to serving his community by his membership on the Planning & Zoning Commission.
Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano
Councillor McCann thanked Patrick Kennedy for his service to the community and wished him well in his new endeavors.
Mayor Delnicki also thanked Mr. Kennedy for all of his hard work he has done on the Planning & Zoning Commission.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
B. Resolution Appointing William Butter (R) a Full Member to the Planning & Zoning Commission 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 William Butter (R) a full member to the Planning & Zoning Commission for a term ending November 11, 2013 to fill an unexpired term of Patrick Kennedy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Councillor Yagaloff stated that Mr. Butter is listed as a democrat on the list on the Town website.
Deputy Mayor Bazzano stated that William Butter is indeed a republican and must be corrected on the website. Presently there are two republicans and one democrat as alternates. The republicans will have to replace the alternative position that William Butter held with another republican.
Councillor Snyder said that she checked the republican voters list and Mr. Butter is a registered republican.
Mayor Delnicki stated that this motion is postponed until the Town Council’s next regularly scheduled meeting so there is ample time if any corrections are necessary to the website.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
C. Resolution Setting a Time and Place for a Public Hearing Regarding a Proposed Plan for Athletic Fields on the Vacant 11 Acres on Nevers Road across from Ayers Road
BE IT RESOLVED that the Town of South Windsor Town Council hereby sets Tuesday, September 3, 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 a proposed plan for athletic fields on the vacant 11 acres on Nevers Road across from Ayers Road.
Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
Deputy Mayor Bazzano explained that the intention of the Committee that was set up by the Council is to bring forward a finalized plan with pricing so the public can see the whole project and make comments.
Councillor Yagaloff stated that he supports the conceptual plan and feels it would be a benefit to Nevers Park. The concern that Councillor Yagaloff voiced is the payment method that is to be used. This project should be done in phases in order to finance each phase through the budget. Councillor Yagaloff questioned if a public hearing is necessary at this time because a public forum could accomplish what is necessary at this time. A public hearing is a process that the Town Council goes through in order to approve a project and allow the public to voice their comments. Another public hearing will be necessary at a later time for the financial aspect of this project.
Deputy Mayor Bazzano said that the main intent of the public hearing is to give the public an idea of what the latest plan is and what the latest costs are. The public then can comment on the plan.
Mayor Delnicki suggested that a formal presentation be held before a public hearing is held. A public hearing needs a straw poll at the end.
(Resolution Continued on Next Page)
ITEM:
14. New Business (Continued)
Deputy Mayor Bazzano stated that he was under the impression that a public hearing is a presentation of the facts and the public hearing would be just that, the Council would be hearing from the public.
Mr. Galligan explained that the Council will have to hold another public hearing in order to appropriate funds for this project.
Councillor Havens felt that a public hearing should be held on this topic as it has been a subject that has taken up a lot of hours.
Mayor Delnicki made a friendly amendment to hold a public hearing at 7:00 p.m. rather than 7:30 p.m. Deputy Mayor Bazzano accepted the friendly amendment.
Councillor Snyder supported the idea of having a public hearing which would give the Town Council an opportunity to see a plan for this project. Financing can be discussed at a later public hearing.
Councillor Anwar felt that the whole project should be reviewed at one time. A complete project should be presented.
Mayor Delnicki requested that all of the information that the Committee has is available on the Town website and the Town Library prior to the meeting.
Councillor Anwar stated he has not seen a completed document and does not want this project to be done in piece mail.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
The resolution to read as follows:
BE IT RESOLVED that the Town of South Windsor Town Council hereby sets Tuesday, September 3, 2013, at 7:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan venue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on a proposed plan for athletic fields on the vacant 11 acres on Nevers Road across from Ayers Road.
ITEM:
14. New Business (Continued)
D. Resolution to Submit an Application to CRCOG for Avery Street Reconstruction from Clinton Drive south to the Town Line
WHEREAS, The Capitol Region Council of Governments has solicited municipal projects in order to distribute about $20,400,000 in funding that is expected to be available for road improvement projects through the Federal Surface Transportation Program; and
WHEREAS, Avery Street is eligible for funding under this program and is structurally in poor condition and has inadequate drainage between Clinton Drive and the Manchester Town Line
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to submit an application for funding up to the amount of $2,500,000 to the CRCOG Transportation Committee to Reconstruct Avery Street south of Clinton Drive toward the Manchester Town Line; and
BE IT FURTHER RESOVED that should funding for said Plan be approved, the South Windsor Town Council will fund 10% of the design, ROW and construction costs of this project or $250,000 as required by project guidelines.
Was made by Councillor Yagaloff
Seconded by Councillor Anwar
Answering questions from the Town Council, Mr. Jeff Doolitte, Town Engineer explained that the road improvements would consist of 2,600 or 2,700 feet. The road will remain open during construction and motorists will be encouraged to seek alternate routes. This project will not begin until after 2016. This project has not been discussed with residents but as the project gets closer and funding is in place, the residents will be contacted. Mayor Delnicki requested that staff let the Council know when meetings with residents will occur.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Amending a Previously Approved Resolution
WHEREAS, at the July 1, 2013 Town Council Regular meeting there was a resolution that was approved by the Town Council accepting a portion of Frazer Fir in the amount of 1,620 linear feet; and
WHEREAS, that number should have been 1,630 linear feet
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council amends the acceptance of 1,630 linear feet rather than 1,620 linear feet of a portion of Frazer Fir.
Was made by Councillor Beaulieu
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
- Resolution Approving a Transfer of $15,000.00 from the Contingency Account to the Police Department Salary Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $15,000.00 from the Contingency Account to the Police Department’s Salary Account to cover costs associated with hiring of a part time Emergency Management officer.
Was made by Councillor Havens
Seconded by Councillor Anwar
Councillor Anwar stated that the Town is in need of having someone who can help the Town with emergency situations and will free up other staff members to do their own responsibilities.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Councillor McCann stated that over the past two years the Town has gone through some emergency situations and he feels the Town personnel that is in place to take care of those emergencies performed marvelously. The Town reacted very quick to address any emergencies and provide safe measures that residents needed. Councillor McCann questioned what the need for creating this new position is now? A budget was just passed recently and this position was not part of that process.
Mr. Galligan explained that there has been staff that has been here for a long time and if any one of these employees leave there is a wealth of information regarding emergency management that will be lost. The Town needs one person who can develop a matrix of all of the volunteers, coordinate all employees and all of the things that need to be done.
Councillor McCann told the Council that Councillor Prague had requested that this item be postponed to the next Regular Meeting so he could be a part of the discussions.
Councillor McCann made a motion to table this item until the next regularly scheduled meeting. Councillor Beaulieu seconded the motion; it failed on a roll call vote of 4 to 4 with Deputy Mayor Bazzano, Councillor Beaulieu, Councillor McCann and Councillor Snyder voting in favor of tabling; and Mayor Delnicki, Councillor Anwar, Councillor Havens and Councillor Yagaloff voting in opposition to tabling.
Councillor Yagaloff stated that the Town needs to have a plan for dealing with major catastrophes that could affect large numbers of people in a crisis. There is a variety of planning that needs to be done and coordinated in one area.
Mr. Galligan explained that this position would be under the Police Department. A lot of the conversations the Town has with EOC is that the weather patterns are changing and the Town is trying to be prepared. Chief Reed and Chief Cooney both support this position.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Councillor Yagaloff felt that this is a small cost for emergency preparedness to cover the entire Town and will ensure that the Town has better emergency planning then the Town currently has. Under the Police Department’s guidance this will not be wasted money. After a year if the Town Council does not like what is happening then the Town Council can simply not fund this position next year. Councillor Yagaloff urged the Town Council to support this resolution.
Mayor Delnicki stated that the Council will know in a short time if there is value in this position.
Councillor McCann said he is not convinced that the Town needs to add another person to the staff to take care of the perceived need. The staff that is in place has performed marvelously and have shown that they can act properly during an emergency situations. If this new position was needed then Councillor McCann feels $15,000 would not get the job done. If more than $15,000 is needed then a full discussion should be held. If Chief Reed and/or Chief Cooney want this position they would have been present tonight to discuss this issue.
Councillor Anwar stated that he feels there needs to be a plan for future prevention. Surrounding Town’s have moved forward with planning for emergencies and the Town of South Windsor needs to move forward.
Deputy Mayor Bazzano questioned how much there is in Contingency? Mr. Galligan stated that there is approximately $215,000.
Deputy Mayor Bazzano felt that he likes the idea conceptually but the Town presently does a great job.
Answering questions from the Council, Mr. Galligan explained that this position will not be working 4 hours per day, the position will work when there is a work load.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Deputy Mayor Bazzano stated that he does not feel this position will be capable of doing everything that needs to be done because it will not have the hours necessary to do everything that needs to be done. Deputy Mayor Bazzano said he would not support this item at this meeting but may in the future if he could find out what the duties for this position are.
Mr. Galligan explained that there are individuals who do this same type of task for other Towns who would be knowledgeable regarding this issue already.
Councillor Yagaloff said he views this item as a political vote which he does not believe should be happening. This has been a year long discussion about this item being a priority. This item is regarding community safety and should be supported by the Town Council as a whole.
Councillor McCann stated he is sick and tired of being accused of engaging in politics every time he votes against someone who disagrees with him. Councillor McCann said he has an obligation to do what is the best thing for this Town and that is what he does each time he votes.
Mayor Delnicki called for a vote on the resolution; it passed on a roll call vote of 5 to 3 with Mayor Delnicki, Councillor Anwar, Councillor Havens, Councillor Snyder and Councillor Yagaloff voting in favor of the resolution; and Deputy Mayor Bazzano, Councillor Beaulieu and Councillor McCann voting in opposition of the resolution.
- 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 September 30, 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
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute this date a Sixth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
Was made by Councillor Snyder
Seconded by Councillor Anwar
Mr. Galligan explained that the Council has a memo from Attorney David Panico from Robinson & Cole as shown in attached Exhibit A. There are still major agreements that need to be done by the Town. The only item on the memo that the Town does not want to do is the use of a special district. Mr. Galligan reviewed the necessary agreements that need to be done with the Town Council. All these items will take time.
Answering questions from the Council, Mr.Galligan explained that the Town did not want to move forward with the Town’s part on this project until the Power Purchase Agreement and the financing were all in place. Mr. Marsh is prepared to come before the Council at some point to present the financing components of this project.
Councillor Anwar stated he would like to have a discussion in the future to make sure the Town is protected but will support this resolution at this point.
Councillor Yagaloff stated he would be voting against the extension of the reverter tonight because he feels the Town should be worrying more about the infrastructure agreement, not the reverter clause. The Town Council should let the reverter lapse to continue to put pressure on the developer. The Town has not gained any benefit from extending the reverter.
Mr. Galligan said that he feels this is a good project and also feels this is a strong project that is ready to go. The fuel cell makes sense which is a 20 year deal and will pay for all of the public improvements. The Town has a lot of work that needs to get done and should move forward.
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
Councillor McCann feels an extension to September 30th is reasonable to makes this project work and would support that extension of the reverter clause. The information he has reviewed indicates that the Power Purchase Agreement will fund the infrastructure that will be part of the agreement between the Town and Connecticut Studios.
Mayor Delnicki stated that he has seen progress every time the deadline of the reverter has come forth, something gets delivered. Mayor Delnicki then requested from the Town Manager a cost estimate on what the Town has invested into this project to date.
Councillor Havens stated he would support the extension of the reverter one more time and would like to ensure the public that this is a good project.
Mayor Delnicki called for a vote on the motion; it passed on a roll call vote of 7 to 1 with Councillor Yagaloff voting in opposition to the motion.
15. Passage of Ordinance
None
16. Public Input
Mr. Mike Sullivan, 24 Jared Court came forward and questioned how much it would cost the Town for all the work that still needs to be done for the Connecticut Studios project.
Mr. Galligan explained that the Town Attorney is on retainer. The National Development Council gets paid $5,000.00 per month. Robinson & Cole will get paid for whatever they review. That could be anywhere from $300.00 to $400.00 per hour or depending on the bond value they might just charge a flat $25,000.
Mr. Sullivan said there has been no accounting and it has been years. It has been promised in the past that consultants would come here and explain the plan but that has not happened either.
ITEM:
16. Public Input (Continued)
Mr. Craig Stevenson came forward and explained that the I-291 project is not about Connecticut Studios. The I-291 development project was going on before Connecticut Studios and he said he would anticipate that after Connecticut Studios is completed there will be a series of projects in the I-291 development area going forward. Monies that have been spent to date, have been spent for the development of the I-291 area not for Connecticut Studios. There is a school being built in the I-291 corridor which needed environmental investigations that took place in regards with that project.
Mr. Sullivan responded that he would like to know only about the funds spent on the Connecticut Studios project.
17. Communications and Petitions from Council
Councillor McCann stated that when a request went out to Council members for agenda items for this meeting, Councillor McCann requested that the Council follow our rules with respect to the items on the agenda and the order in which those items are presented. Councillor McCann stated he does not understand why the Council does not follow the Town Council Rules. The Town Council should make a decision whether the Rules should be changed if they are not going to be followed.
18. Communications and Reports from Town Manager
Mr. Galligan reported that the end of the year report for June 30, 2013 is reporting that the Town side of the budget was underexpended by $1,268,000. There may be some adjustments for outstanding bills.
19. Executive Session
At 10:55 p.m. Deputy Mayor Bazzano made a motion to go into Executive Session to discuss personnel issues – union negotiations with AFXCME Local 1303-028 (Public Works), NAGE Local R1-208 (Pollution Control), and UPSEI Local 424, Unit 65 (Town Hall). Councillor Snyder seconded the motion; and it was approved, unanimously.
At 11:20 p.m. Deputy Mayor Bazzano made a motion to adjourn the Executive Session. Councillor McCann seconded the motion; and it was approved, unanimously.
ITEM:
20. Adjournment
Deputy Mayor Bazzano made a motion to adjourn the meeting at 11:20 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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