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Town Council Regular Meeting Minutes 12/2/2013
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  December 2, 2013




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

1.      Call Meeting to Order

Mayor Anwar called the Regular Meeting to order at 8:00 p.m.

4.      Roll Call

Members Present:        Mayor M. Saud Anwar
        Deputy Mayor Edward Havens
        Councilor Thomas Delnicki
        Councilor Carolyn Mirek
        Councilor Liz Pendleton (arrived at 8:20 p.m.)
        Councilor Janice Snyder
        Councilor Stephen Wagner
        Councilor Keith Yagaloff

        Members Absent: Councilor Cary Prague

Also Present:           Matthew B. Galligan, Town Manager
                                Kari Olson, Town Attorney

5.      Public Input

Mr. Kevin McCann, 170 Lisa Drive came before the Town Council to speak about a STEAP grant proposal for the redevelopment of the Old Post Office.  The Old Post Office was something that was purchased by the Town several years ago and the Council received some cost estimates to refurbish that building.  Before moving forward with the request for additional STEAP funds, the Council needs to find out what those funds will be used for.  A comprehensive plan and estimate should be done to do a plan before moving forward with the resolution tonight.

Mr. McCann then brought to the Council’s attention that the Council is elected to exercise discretion and make decisions.  Last year Council passed a budget of over $102 million dollars.  This Council will have a similar responsibility next May and Council will have to assess the needs and pass a budget for over $100 million dollars.  These responsibilities should not be passed onto the people of the Town who have elected this Council to make these types of decisions.


ITEM:

5.      Public Input (Continued)

Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated that he is displeased with the Council concerning the Water Pollution Control Authority.  Mr. Gonsalves said he still has not been provided the data that he has asked for.  The sewer fee should be $100.00 lower then it is presently.  The Council and the previously Council are not protecting the taxpayers of South Windsor.  The Subcommittee that was supposed to come up with new rates has not met for a long time.  The Council also should find out through the State who the Water Pollution Control Authority reports to.

6.      Environmental Health & Safety Message

Mayor Anwar requested that drivers not drive and text or drive and talk on the phone.

At 8:09 p.m. Mayor Anwar recessed the Regular Meeting in order to finish the Work Session agenda.  The Regular Meeting reconvened at 8:32 p.m.

Deputy Mayor Havens made a motion to Suspend the Rules in order to go to Item 14. I. Board of Education – School Plan.  Councilor Snyder seconded the motion; and it was approved, unanimously.

14.     New Business

I.      Discussion Item:  Board of Education – School Plan

Chairman David Joy from the Board of Education came before the Town Council and presented the South Windsor Public Schools Elementary Facilities Master Plan, as shown in attached Exhibit A.

Mr. Galligan thanked the Board of Education and the Superintendent for coming forward with a well thought out plan to get the schools back up to where they should be.  Mr. Galligan then presented to the Council the Elementary School Improvement Program – Pro Forma Financing Plan, as shown in attached Exhibit B, and the bottom line number that would affect the taxpayer, as shown in attached Exhibit C.  This particular project is unique and is at a good time when the Town is looking at a lot of debt coming off.  Mr. Galligan explained that if the school project moves forward and is approved, the Town could benefit by taking over Wapping School which is 55,000 square feet for the Recreation Department.  This

ITEM:

14.     I.      (Continued)

would also allow the Human Services Department to use the entire Community Center which is needed for Senior programs.

Mayor Anwar and Councilor Wagner both voiced support for the Board of Education plan which would benefit the community.

Mr. Galligan explained to the Council that the goal is to start with one school, let the residents enjoy what has been done and then the rest of the schools can be done.  Doing the schools in phases may bring more community acceptance rather than doing everything at once.

Chairperson David Joy of the Board of Education stated that this plan does not contemplate the needs of the Middle School or High School but would discuss this issue with Mr. Hankard and report back to the Town Council.  Both of these schools have had updates more recently then the elementary schools.  Mr. Joy said he feels a long term plan for all Town buildings should be established.

Mr. Galligan felt that the larger expenses for the Town would be roads and there are code issues in the Town Hall, but Mr. Galligan said he does not anticipate any major issues and there would not be additional costs for personnel.  If the Council wishes to accept the Wapping School, then that is something that can be worked on with the Capital Projects Commission to build costs into the budget.  There should not be an impact on the total Town budget, but there may be an impact on individual budgets.  Furniture costs and telephone systems may be some of the anticipated transitional costs but there may be some savings found when and if the Town takes over Wapping School.

Mr. Joy stated that the Board of Education has not investigated deeply the impact in the operating budget.  The Board of Education would rather under promise and over deliver.

Dr. Kate Carter, Superintendent of Schools explained that there would be personnel savings because there are some positions that will no longer be needed, although it is hard to predict what new positions will be required as legislation changes over the next 10 years.



ITEM:

14.     I.      (Continued)

Mr. Joy stated that in the event that Phase I is done but the community does not approve Phase II, other than the fact that a decision will have to be made on what to do with Orchard Hill, the Town will still be in a better position then it is presently.

Councilor Mirek said she is in support of the Board of Education plan.  At first, Councilor Mirek stated she was concerned about how to approach this plan with the seniors but after seeing financing figures, her concerns are subsided.  Councilor Mirek questioned if this plan will help with the size of classes?  Mr. Joy explained that the Board of Education did not discuss changing the current class size policy.

Councilor Snyder stated she is in support of this but would like to bring forth a resolution in the future committing the Town to move the Recreation Department to Wapping School and having the Human Services Department use the entire Community Center for Senior programs.  Councilor Snyder then stated that if this item is being proposed to go to referendum on March 25th, approvals need to be done by the Town Council 30 days prior.

Mayor Anwar explained that the Park & Recreation Department and the Senior Advisory Council are going to be asked to support the Board of Education plan.

Council members discussed enrollment projects.  Mr. Galligan explained that there are trends that happen every 15-20 years where student population increases/decreases.  The Board of Education has done their due diligence to determine what their needs are.  The Town Council will authorize the Public Building Commission to be the developer for this project and work with the Board of Education.  Under State Statutes, a Building Committee is necessary for the Town to receive reimbursements and although the Board of Education could be appointed as the Committee, the Public Building Commission usually works on projects like this.








ITEM:

14.     I.      (Continued)

Mr. Joy explained to the Council that Friar Associates determined the size and potential cost of the project. No design work has been done.  Educational specifications have been drafted which also helps with the cost estimation.  The Board of Education has viewed a draft of the education specifications and is hopeful to approve those specifications at the next meeting.  The cost estimate is not expected to change dramatically after the education specifications are complete and approved.  The Board of Education has not discussed what to do if the referendum fails.

Dr. Carter stated that one of the components that Friar Associates noted as a benefit for South Windsor is that there is the ability to create swing space while schools are being renovated.  Dr. Carter also informed the Council that the State currently gives incentives for renovating versus new construction.

Councilor Yagaloff felt that the plan is an excellent plan that is directed towards education.  The plan encompasses high quality elementary schools over a significant amount of time where the costs can be absorbed by the community in a reasonable way.  This is what the referendum should be focused on and the other aspects such as using Wapping School for the Recreation Department and having Human Services use the entire Community Center are items the Town can focus on in the future.

Deputy Mayor Havens stated that this plan is the best investment that the Town can make that will meet all of the needs of the community. The plan seems perfect, but Deputy Mayor Havens warned the Council that anything that seems perfect is going to have flaws.

Councilor Delnicki stated that education is why people come to South Windsor and unlike previous plans, the costs are manageable.  Councilor Delnicki said he would be supporting this item.

Councilor Delnicki made a motion to Suspend the Rules in order to add agenda item 14. M. - a Resolution Extending the Reverter Clause Deadline.  Mayor Anwar seconded the motion; and it was approved, unanimously.



ITEM:

14.     New Business (Continued)

M.      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 January 21, 2014, 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 an Eighth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.

Was made by Councilor Delnicki
Seconded by Mayor Anwar

Mr. Galligan reviewed a letter that was sent to the Council from Robert Bradley who is from ARC Funding, as shown in attached Exhibit D.

Councilor Delnicki questioned if the measurable have been delivered that were passed in a resolution regarding the reverter?  

Mr. Galligan reviewed where the funding would be distributed, explaining that that the proceeds are $7 million dollars.  $1.2 million dollars will be put in a debt service reserve for 12 months and $1.7 million dollars in contingency for additional items that may come up.

Answering further questions from the Council, Mr. Galligan explained that the $250,000 for building permit fees is only for the first two buildings.

Councilor Yagaloff stated he would not be supporting the extension of the reverter clause because he does not think this is the way to control this project, it should be done through the infrastructure agreement.  The project has long passed their opportunity to start construction.  This project should be able to pay the full building permit fees for Phase I.  Councilor Yagaloff also stated he would like to see the approved PURA Agreement.  The no vote tonight is not meant to say he does not support the project, he stated he just does not think this resolution is a way to leverage this project.

ITEM:

14.     M.      (Continued)

Mr. Craig Stevenson came forward and stated that Connecticut Studios has PURA approval for its Fuel Cell Power Plan.  The approval came through on October 16th.  There are no funds going directly to the developer from this financing.  Permit fees for the first two sound stages will be paid at closing.

Mr. Galligan stated that there is a legal down side to not acting to extend the reverter which can be discussed during Executive Session.  Town Attorney Kari Olson concurred with Mr. Galligan’s comments.

Mayor Anwar explained that the project has not changed, the commitments have not changed, but the date of closing has changed.  Mayor Anwar felt it is important for the Council to support this resolution.  Mr. Galligan commented that he feels the Council should move forward in order to protect the Town’s interests.  Town Attorney Kari Olson also recommended that the Council move forward with this.

Councilor Delnicki stated he would support extending the reverter to protect the Town’s legal standing.

Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 6 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Delnicki, Councilor Mirek, Councilor Snyder and Councilor Wagner voting in favor of approving the resolution; and Councilor Pendleton and Councilor Yagaloff voting against approval of the resolution.

Mr. Galligan said the Town Attorney would write a confidential memo to the Town Council regarding the Executive Session.

Deputy Mayor Havens made a motion to Suspend the Rules in order to go to Item 14. L. - Discussion Item:  Setting up a Committee to Review the Possibility of Moving Polling Places out of the Schools due to Safety Concerns.  Councilor Delnicki seconded the motion; and it was approved, unanimously.


ITEM:

14.     New Business (Continued)

  • Discussion Item:  Setting up a Committee to Review the Possibility of Moving Polling Places out of the Schools due to Safety Concerns
Ms. Sue Burnham, Republican Registrar and Ms. Sue Larsen, Democratic Registrar came before the Council.  Ms. Larsen began discussions by requesting that this item be tabled so that the Registrars Office could have an opportunity to discuss this item with Councilor Mirek because this concern could be alleviated without a Committee being established.  As far as moving the polling places, they will remain in the schools because there are other alternatives that could be brought out to manage concerns of school safety during elections.  Ms. Larsen then requested that the Town Council work with the Registrars Office on a bill that would allow the Registrars Office to consolidate primary polling locations but would like support also to eliminate a clause that would allow candidates to secretly refuse to allow this to happen.  Another item the Registrars Office is working on is to move up the caucus date for municipal caucuses to June instead of July which would mean the primary would be in August rather than September.

Councilor Delnicki made a motion to extend the meeting to 11:05 p.m. in order to finish this discussion item.  Mayor Anwar seconded the motion; and it was approved, unanimously.

Councilor Mirek stated that school safety is a priority in the schools, except for when elections are held.  Some States are giving schools the ability to not have polling places in their buildings.  Councilor Mirek stated she is concerned about the safety of the children and felt this was a worthwhile subject to review.

The meeting adjourned at 11:05 p.m.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council