TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 November 18, 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. At 8:10 p.m. the Regular Meeting was recessed in order to finish the Work Session agenda. The Regular meeting was reconvened at 8:30 p.m.
4. Roll Call
Members Present: Mayor M. Saud Anwar
Deputy Mayor Edward Havens
Councilor Thomas Delnicki
Councilor Carolyn Mirek
Councilor Liz Pendleton
Councilor Cary Prague
Councilor Janice Snyder
Councilor Stephen Wagner
Councilor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
Kari Olson, Town Attorney
5. Public Input
Ms. Mary Etter, Director of the South Windsor Public Library came before the Town Council to inform the Council and public about two programs that the Library will be holding. One program will be held on Thursday, November 21, 2013 at 12:30 p.m. and is called “A Book for Lunch Program” where Eddy Clark who is an author affiliated with Yankee Magazine for about 30 years will be speaking on her new memoir called “What There Was Not To Tell”. On Saturday, November 23, 2013 at 7:30 p.m. there will be a program called “Telebration”. There will be two storytellers.
6. Environmental Health & Safety Message
Mayor Anwar requested that residents do not drive and text.
ITEM:
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 October 21, 2013; Public Hearing Minutes of October 21, 2013; Regular Meeting Minutes of October 21, 2013; and the Organizational Meeting Minutes of November 12, 2013.
Was made by Deputy Mayor Havens
Seconded by Councilor
The motion was approved, unanimously
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
ITEM:
14. New Business
A. Resolution Authorizing the 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 2012 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 2012 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.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Mr. Galligan explained that the Town belongs to a regional approach with CRCOG which is a Council of Governments where regional grants come from DEMHS. These grants can be sought for individually through the State where the Town may end up with $16,000. As a region the resources are combined and the amount of the grant is much larger.
Answering question from the Council, Mr. Galligan explained that this resolution will allow the Town to enter into grant requests. Once the grant comes in the Federal Government will give a list of items that the monies can be spent on which is decided upon as a group. The grants are being processed through Homeland Security. Communications are an area that is being looked at and actually CRCOG is reviewing the Town of South Windsor’s dashboard.
Councilor Wagner stated that he supports the idea of looking for opportunities to do things regionally
Mr. Galligan stated that the Town’s will be meeting and deciding on items to put on Appendix A. That will then be sent to DEMHS. The State asks the Regional Council of Governments whether the Town’s will be requesting for grant funds as a group. This resolution will go back to DEMHS showing that South Windsor is willing to work regionally with all 28 Towns. All of the other Town’s will be doing the same thing.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
B. Resolution Approving Offer of a Tax Assessment Agreement with Johnson Development Associates, Inc.
WHEREAS, a Request for Tax Abatement has been received from Johnson Development Associates, Inc. at 2000 and 3000 Town Center Road, South Windsor, CT; and
WHEREAS, the Town of South Windsor’s Tax Partnership program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to retain and attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
WHEREAS, pursuant to said program, that a tax assessment agreement, summarized in Exhibit A, be offered to Johnson Development Associates, Inc. as an incentive to invest an estimated $26,000,000.00 in total costs, including land and building improvements, and to construct 200 individual apartment units in South Windsor (the land and building improvements collectively referred to as the “Real Property”)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax assessment agreement, as summarized in Exhibit A, between the Town and Johnson Development Associates, Inc. as outlined in Exhibit A; and
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is conditioned upon Johnson Development Associates, Inc. (1) meeting the estimated $26,000,000.00 in construction cost figures and agreeing to the estimated assessment figure; and (2) continuing operations at the Real Property for a minimum of ten (10) years from the date the Certificate of Occupancy is issued; if Johnson Development Associates, Inc. fails to meet either of these conditions, Johnson Development Associates, Inc. shall refund the Town of South Windsor all of the tax benefit reductions it has received; and
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is contingent upon Johnson Development Associates, Inc. execution of a written agreement reflecting the terms set forth in this Resolution and such other terms as the Town may require.
Councilor Yagaloff made a motion to table this resolution until the December 2, 2013 meeting. Deputy Mayor Havens seconded the motion; and it was approved, unanimously.
C. Resolution Authorizing the Sale or Disposal of Surplus Equipment
BE IT RESOLVED that the South Windsor Town Council hereby declares the following equipment to be “surplus equipment” and authorizes Town Manager, Matthew B. Galligan to sell or otherwise dispose of the following:
PC25 Fuel Cell Power Plant and Appurtenances’ located at South Windsor High School
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Answering questions from the Council, Mr. Galligan explained that the Town has found a website where people are interested in buying fuel cells to rehabilitate. The Town will need to put this item out to a public sale. Whoever purchases it will have to dismantle it also.
(Resolution Continued on Next Page)
ITEM:
14. C. (Continued)
Councilor Yagaloff voiced concern about environmental issues that could be present when dismantling the fuel cell. The Town should get some waiver of liability for potential environmental issues. Mr. Galligan explained that the Town is not going to allow anyone to dismantle the fuel cell on site. The Town will being using Wapping School and the Community Center for a shelter until the generator at the high school is installed.
Mayor Anwar called for a motion on the resolution; it was approved, unanimously.
D. 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 Services and Public Protection, Division of Emergency Management and Homeland Security, on behalf of the Town of South Windsor
BE IT RESOLVED that the Town of South Windsor, Connecticut may enter into with and deliver to the State of Connecticut, Department of Emergency Services and Public Protection, Division of Emergency Management and Homeland Security, any and all documents which it deems to be necessary or appropriate; and
BE IT FURTHER RESOLVED that Matthew B. Galligan, as the Town Manager for the Town of South Windsor, Connecticut is authorized and directed to execute and deliver any and all documents on behalf of the Town of South Windsor, Connecticut to do and perform all acts and things which he deems necessary or appropriate to carry out the terms of such documents. Matthew B. Galligan now holds the office of Town Manager and has held this office since January 5, 1996.
Was made by Councilor Wagner
Seconded by Councilor Delnicki
Mr. Jay Gonzalez, Administrator for Emergency Management came before the Town Council to discuss the grant that the Town is seeking. The grant is called the Emergency Management Performance Grant. It is a grant that the dollar amount is based off of South Windsor’s population. South Windsor would receive $12,864.50 and would be able to do anything with it as long as it falls within the boundaries of emergency management.
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
South Windsor is in need of an Emergency Operation Center because currently the Town uses a training room. The Emergency Operation Center is used for anything above and beyond what could normally be taken care of with mutual aid.
Councilor Yagaloff questioned if the room being used presently is large enough to accommodate the local representatives that would be part of the emergency response and outside responders. Mr. Gonzalez stated that an EOC should be about 3,500 to 5,000 square feet based on the Town’s size according to FEMA standards.
Mr. Galligan explained that if the Town wants to create a CERT team and he feels more space for the EOC will be necessary.
Mr. Gonzalvez said he would put together a detailed outline as to why the Town needs an Emergency Operation Center and why the old post office would be needed rather than a training room. Mr. Gonzalevez also stated that EOC is more of an overview strategic operation that supports the tactics used by first responders.
Councilor Yagaloff felt that the Town really needs this facility and it is important for the Town to have a facility like this.
Mr. Gonzalvez stated that the State of Connecticut through Deputy Commissioner Shay and Director Hacket are putting together a course for elected officials. The training will be brought to South Windsor so that leaders of South Windsor can make better decisions.
Mayor Anwar thanked Mr. Gonzalvez for his hard work.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
ITEM:
14. New Business (Continued)
E. Resolution Concerning Acquisition of Copiers
WHEREAS, the Town desires to enter into a lease agreement with Technology Investment Partners, LLC for the acquisition of sixteen new photocopiers, printers, scanners and/or facsimile machines for the Town from the Office Works, Inc. (the “Acquisition”);
WHEREAS, the Charter requires generally that purchases of equipment for more than $5,000 shall be subject to the use of sealed bids;
WHEREAS, the Town Attorney has advised the Town that it is not clear under the Charter whether the proposed Acquisition constitutes a purchase within the meaning of the Charter, thereby requiring the use of sealed bids;
WHEREAS, the Charter permits the Council to waive the requirement for sealed bids if it determines that requiring bidding “might be against the best interests of the Town”; and
WHEREAS, the Town Manager has advised the Council that making the proposed Acquisition is in the best interests of the Town;
NOW, THEREFORE, BE IT RESOLVED that the Council has determined that the proposed Acquisition is in the best interests of the Town; and
BE IT FURTHER RESOLVED that the Town be, and it is hereby is, authorized enter into the lease agreement for the Acquisition without undertaking public bidding for the copiers.
Was made by Councilor Prague
Seconded by Councilor Wagner
Mr. Galligan explained that the Town went through the State bidding process. TIP Capital won the bid and the Town decided to go with them to provide the lease. The problem is that the Town Attorney feels the Town should have an Ordinance that allows the Town to buy off of the State contract. This was bid on the State contract but the Town Attorney does not feel what the Town has done in the past is allowed under the Charter. The
(Resolution Continued on the Next Page)
ITEM:
14. E. (Continued)
Town Attorney recommends that a waiver is done on this because it is the best price that the Town could get and then come up with an Ordinance under the new program that the State has which would allow the Town to make purchases on State bids, cooperative bids, etc. An Ordinance will be prepared which will allow the Town to use State bids in the future.
Answering questions from the Council, Mr. Galligan explained that the Charter says anything over $5,000 has to go out to public bid which was something that was devised in the 1960’s. Tip Capital wanted an opinion from the Town Attorney that the procedure that was used was appropriate. After reviewing the lease, the Town Attorney stated that the Charter says anything over $5,000 needs to have an Ordinance.
Town Attorney Kari Olson explained that the Town’s Charter specifically states that the Town must go out to bid if a certain threshold is reached. It is clear that the State contracts and the whole DAS website was created so that Town’s could avoid having to go out to bid and saves a considerable amount of money.
Councilor Delnicki voiced concern that the Town can create an Ordinance which does not carry the weight legally of the Charter to get around the requirements of the Charter.
Town Attorney Kari Olson explained that the State has provided legislation that allows Town’s “not withstanding their Charters” to create Ordinances to do certain things with respect to bidding. The threshold bidding level is one example of that. A legal opinion was issued by CCM that indicates that municipalities can take advantage of those statutes and can rely upon them.
Councilor Yagaloff stated that the Council has always talked about local people being able to bid and the benefits of offering out jobs that might be considered smaller. If the Town goes strictly to the State DAS, the local companies may not know that certain items are being bid out and the Town will lose out on opportunities to provide work for local people.
Mr. Galligan explained that the Town did put the copiers out to bid but received no responses. The company that currently works with the Town told the Town that they were not making repair parts anymore.
Councilor Mirek felt that the Town should consider opening the Charter to raise the $5,000 threshold.
Councilor Prague stated that there are 169 Town Attorney’s for 169 Towns. Each Town Attorney will give a different opinion on this subject. The Charter needs to be opened up and changed. The last point is that businesses have to realize that they will need to compete not only state wide but also federal wide as well as global wide.
Councilor Snyder felt that having both options gives the Town staff flexibility to get the best price for services to the Town. Mr. Galligan added that as Town Manager, he has the fiduciary responsibility to taxpayers to get the best possible price in the most efficient way.
Mayor Anwar stated he would support this resolution but going forward it will be a little complex to have an Ordinance and feels case by case may be a better way to approach this.
Councilor Wagner questioned how the Town would weigh the benefit of saving funds versus the benefit of helping local businesses? Mr. Galligan explained that the Town Charter states that the Town has to give the bid to the lowest responsible bidder.
Town Attorney Kari Olson suggested that one way this could work would be to have some type of a threshold before going to DAS.
Mayor Anwar felt that since the Town Council is moving towards working on the Strategic Plan of the Town, part of the Strategic Plan would be go look at the Charter.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
F. Resolution Authorizing the Town Manager, Matthew B. Galligan to make the Necessary Expenditures for the Purchase of 559 Avery Street and Referring this Proposal to the Planning & Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes
WHEREAS, the Open Space Task Force has recommended to the Town Council that property at 559 Avery Street be considered for purchase by the Town of South Windsor; and
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
WHEREAS, in order for the Town Council to make a reasonable decision, an appraisal, environmental study and an 8-24 referral are necessary
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to make the necessary expenditures for an appraisal, environmental study and any other materials deemed necessary for the Council to make an informed decision on the possible purchase; and
BE IT FURTHER RESOLVED that the South Windsor Town Council also authorizes Town Manager, Matthew B. Galligan to refer the proposed purchase of 559 Avery Street to the Planning & Zoning Commission pursuant to Section 8-24 of the Connecticut General Statutes for purposes of considering the purchase of said property for a price and pursuant to such terms and conditions as the Town Council and Town Manager deem appropriate.
Was made by Councilor Pendleton
Seconded by Councilor Delnicki
Answering questions from the Council, Mr. Galligan explained that the Council had an Executive Session regarding this property and had set a price. An appraisal needs to be done and then this item will come back to the Council for a final decision.
Town Attorney Kari Olson reminded the Council that this property would have to come back to Council to be added to the Ordinance for the use of bond money.
Mayor Anwar called for a vote on the resolution; it was approved unanimously.
ITEM:
14. New Business (Continued)
G. Resolution Approving a Refund of Taxes to Twenty-Nine (29) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-nine (29) South Windsor Taxpayers, the total of said refund being $7,216.16, and as more fully described on attached Exhibit B.
Was made by Councilor Delnicki
Seconded by Councilor Snyder
The motion was approved, unanimously
15. Passage of Ordinance
None
16. Communications and Reports from Town Manager
None
17. Public Input
None
18. Communications and Petitions from Council
Councilor Yagaloff requested that the financials for Johnson Development Associates, Inc. be given to the Council.
Mr. Galligan explained that the rents are market driven; they are not driven by the project. Mr. Galligan stated that he would get the financials for the next meeting. One of the difficulties that is present is the competition between municipalities.
Deputy Mayor Havens stated that the project proposed by Johnson Development Associates, Inc. is how Evergreen Walk is going to survive and compete. Mr. Galligan added that the lifestyle centers throughout the country consist of grocery stores, shopping and residential units.
(Discussion Continued on Next Page)
ITEM:
18. Communications and Petitions from Council (Continued)
Councilor Mirek brought to the Council’s attention that historically in South Windsor the polling places have been located in the schools, but times have changed. Educators and Administrators work hard throughout the school year to reduce access to school grounds and buildings. School security should not be dismissed on one given day in the community for voting. Councilor Mirek requested that a Committee be established to review this issue.
Mayor Anwar stated that he would be bringing a proposal forward to change the way meetings are run. The proposal will be brought forward for discussion and a vote at the next meeting.
19. Executive Session
At 9:52 p.m. Councilor Prague made a motion to go into Executive Session to discuss potential & pending litigation. Deputy Mayor Havens seconded the motion; and it was approved, unanimously.
At 10:32 p.m. Mayor Anwar made a motion to adjourn Executive Session. Councilor Snyder seconded the motion; and it was approved, unanimously.
20. Adjournment
At 10:32 p.m. Mayor Anwar made a motion to adjourn the meeting. Councillor Snyder seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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