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Town Council Regular Meeting Minutes 3/17/2014
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  March 17, 2014




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

1.      Call Meeting to Order

Mayor Anwar called the Regular Meeting to order at 7:00 p.m.

4.      Roll Call

Members Present:        Mayor M. Saud Anwar
        Councilor Thomas Delnicki
        Councilor Carolyn Mirek
        Councilor Liz Pendleton
        Councilor Cary Prague
        Councilor Janice Snyder
        Councilor Stephen Wagner
        Councilor Keith Yagaloff

Members Absent: Deputy Mayor Edward Havens

Also Present:           Michael Gantick, Acting Town Manager
                                Kari Olson, Town Attorney

5.      Public Input

Ms. Jean Mumley, 32 Ordway Drive came before the Town Council and explained that her and her husband moved to South Windsor because of the education provided to South Windsor children.  Ms. Mumley voiced support for the elementary school plan that is going to referendum on March 25th.  This plan will also address other space needs in Town.  Ms. Mumley urged residents to vote yes on March 25th.

Ms. Kathy Daugherty, 12 Roy Road who is the Chairperson of the Republican Town Committee and Ms. Daria Plummer, 235 Orchard Hill Drive and a representative of the Democratic Town Committee came before the Town Council to remind the taxpayers and voters of South Windsor that Tuesday, March 25th is a very important vote on a referendum that is to begin the process of bringing our elementary schools up to date.  Both Committee’s unanimously support this referendum.  

Mr. Robert Dickinson, 19 Birch Road expressed his support for the school referendum and reminded residents that if they are going to be out of Town on the day of voting, the Town Clerk can provide them with an absentee ballot.

ITEM:

5.      Public Input (Continued)

Representative Bill Aman, 878 Strong Road came forward as a resident of South Windsor to speak in favor of the referendum.  The schools are 50+ years old and are out of date.  The needs 50 years ago were a lot different then they are today.  New construction is being proposed because it may be cheaper then trying to remodel.  There will be a lot of pressure on the Board of Education and Town Council to make sure the first phase gets completed on time and within budget.  This is a well thought out plan that is structured in a way that it will be affordable for the South Windsor taxpayers.  Representative Aman urged residents to come and vote yes on this referendum on March 25th.

Mr. George Maclachlan, 38 Sunset Terrace came forward to discuss concerns regarding the intersection of Graham Road and Ayers Road.  There is a stop sign that everyone seems to go through.  There have been many accidents at this intersection in the past and it is very dangerous.  Mr. Maclachlan also stated that he is in support of no texting or using your phone while driving.

Mr. Carl Werkhoven, 68 Oakwood Drive came forward to reiterate his opposition to cell phone use and texting while driving.  The South Windsor Police Department is dropping the ball and should be stopping individuals that are texting while driving.  These individuals are a danger to others on the road.  If fines where given then there would be less use of cell phones while driving and lives would be saved.  South Windsor also needs to put up signs regarding no texting while driving.  

Ms. Diane Behler, 30 Willow Street stated that she came to Town Hall and while walking out the main door there was a senior citizen who was walking into the Town Hall with a cane.  Ms. Behler was thankful that she did not knock over the senior citizen because there is no way to tell someone is on the other side of the door.  Ms. Behler stated she wanted to bring this situation to the Town Council’s attention.

Mr. Andrew Paterna, 301 Strawberry Lane and a member of the Park & Recreation Commission requested that the Council support the appointment of Richard Grigorian to the Park & Recreation Commission.  Mr. Grigorian has never allocated one dollar to the South Windsor Arena and therefore there would not be a conflict of interest.




ITEM:

6.      Environmental Health & Safety Message

Mayor Anwar felt that with the time change, people who are walking or biking early in the morning or towards dark should have brighter clothes on and/or reflectors on so cars can see them.  Mayor Anwar also announced that March is Multiple Sclerosis Awareness Month.  If people have early symptoms such as tingling sensations as well as neurologic systems with dizziness it would be worthwhile to talk to your doctor to have early identification.  March is also Colon Cancer Awareness Month.  If individuals do screening there is an opportunity to identify this early enough to save lives.

7.      Adoption of Minutes

BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings:  Public Hearing Minutes of March 3, 2014; Special Meeting Minutes of March 3, 2014; and Regular Meeting Minutes of March 3, 2014.

Was made by Councilor Mirek
Seconded by Councilor Delnicki

Councilor Wagner requested that the Regular Meeting Minutes of March 3, 2014 postponed until the next meeting.  There are items that should be addressed in those minutes.

Mayor Anwar called for a vote on the remainder of the minutes; and they were approved, unanimously.

12.     Consent Agenda

Councilor Yagaloff and Councilor Delnicki made a motion to approve Agenda Items 13. A.* through 13. D.* Councilor Wagner seconded the motion; and they were approved, unanimously.


ITEM:

13.     Unfinished Business

* A.    Resolution Reappointing Caroline Taylor (D) an Alternate to the Historic District Commission

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Caroline Taylor (D) an Alternate to the Historic District Commission for a term ending November 30, 2018.

(Approved by Consent Agenda)

* B.    Resolution Appointing Tim Wentzel (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Tim Wentzel (D) to the Public Building Commission for a term ending November 30, 2015 to fill an expired vacancy.

(Approved by Consent Agenda)

* C.    Resolution Reappointing Robert O’Connor (D) to the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Robert O’Connor (D) to the Park & Recreation Commission for a term ending December 31, 2017.

(Approved by Consent Agenda)

* D.    Resolution Appointing John Phillips (R) an Alternate to the Inland Wetland Agency/Conservation Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints John Phillips (R) an Alternate to the Inland Wetland Agency/Conservation Commission for a term ending December 1, 2015 to fill the unexpired term of Vicki Paliulis.

(Approved by Consent Agenda)




ITEM:

13.     Unfinished Business (Continued)
E.      Resolution Appointing Richard Grigorian (D) an Alternate to the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Richard Grigorian (D) an Alternate to the Park & Recreation Commission for a term ending December 31, 2017 to fill the expired term of Craig Zimmerman.

Was made by Councilor Wagner
Seconded by Mayor Anwar

Councilor Yagaloff made a motion to table Item 13. E.  Councilor Wagner seconded the motion.  It passed on a Roll Call vote of 5 to 3 with Mayor Anwar, Councilor Delnicki, Councilor Pendleton, Councilor Wagner and Councilor Yagaloff voting in favor of tabling; and Councilor Mirek, Councilor Prague and Councilor Snyder voting in opposition of tabling.

Councilor Yagaloff made a motion to Suspend the Rules and go to Item 14. C.  Councilor Pendleton seconded the motion; and it was approved, unanimously.

14.     New Business

  • 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 2013 State Homeland Security Grant Funding and Custodial Ownership of Regional Assets in DEMHS Region 3”; and

(Resolution Continued on Next Page)




ITEM:

13.     C.      (Continued)
BE IT FURTHER RESOLVED that Matthew B. Galligan, Town Manager 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 2013 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 Prague
Seconded by Councilor Yagaloff

Mr. Gantick explained that this is an on-going grant that the Town has done every year which is part of the regional unit.  Councilor Delnicki stated that this is something the Town has done for years.  The Town has benefitted significantly from being part of this process.  Money is pooled regionally and items that are very expensive are acquired regionally.  

Mr. Jay Gonsalves explained that the Homeland Security Grant is given from FEMA through a bunch of different grants to the State.  The particular grant tonight is sent out to all five regions within the State.  Essentially all of the communities apply for the grant for the regional assets which include the mobile command post, bomb squad, hazmat technicians and so forth through the region that can be utilized that would be too expensive for individual communities to have.  It also encompasses training, exercises, drills, etc.  

Mayor Anwar called for a vote on the motion; it was approved, unanimously.

  • Resolution Authorizing the Sale or Disposal of Surplus Vehicles/Equipment
BE IT RESOLVED that the South Windsor Town Council hereby declares the following vehicles/equipment to be “surplus equipment” and authorizes Town Manager, Matthew B. Galligan to sell, or otherwise dispose of the following:

(Resolution Continued on Next Page)


ITEM:

13.     D.      (Continued)
2000 Ford Ranger 4 x 4 Pick-up
Former equipment #2060, Odometer reading:  80,142, Condition:  Poor
Frame rotted (VIN #1FTZR15X1YTA4072)

2002 GMC 4 x 2 Pick-up
Former equipment #2067, Odometer reading:  88,077, Condition:  Poor
Frame rotted (VIN #2GCTEC19T621194797)

1997 International 4700 Dump Truck
Former equipment #2053, Odometer reading:  53,661, Condition:  Poor
Frame rotted (VIN #1HTSCAAR6VH464408)

1995 Ford Crown Victoria
Former equipment #8622, Odometer reading:  113,902, Condition:  Poor
Frame rotted (VIN #2FALP71W1SX201565)

1993 Tarco Leaf Vac
Former equipment #2126 – 2,116 hours, Condition:  Poor
Bad engine (VIN #FL00B693L222A2733)

1994 Tarco Leaf Vac
Former equipment #2104 – 2,631 hours, Condition:  Poor
Body rotted (VIN #L222A3179FL008)

2001 Chevrolet Bus
Board of Education, Odometer reading:  83,201, Condition:  Poor
Badly rusted (VIN #1GBHG31R711197665)

1997 GMC 4 x 2 Pick-up
Former equipment #5077, Odometer reading:  83,367, Condition:  Poor
Badly rusted (VIN #1GTEC14MXVE520510)

Was made by Councilor Yagaloff
Seconded by Councilor Delnicki

(Resolution Continued on Next Page)


ITEM:

13.     D.      (Continued)
Answering questions from the Council, Mr. Gantick explained that there may be low mileage on some of the vehicles but it is a lot of heavy snow plowing.  There is a lot of wear and tear on the vehicles.  A lot of these vehicles have been taken out of circulation.  The Town has a wash station where all the vehicles are treated.  To get rid of the vehicles, the Town usually does it by auction.  Councilor Delnicki felt that it would be nice to have residents have the opportunity to purchase these vehicles.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.

Councilor Wagner made a motion to Suspend the Rules to go to Item 14. E.  Councilor Delnicki seconded the motion; and it was approved, unanimously.

E.      Resolution Approving a Refund of Taxes to Sixteen (16) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to sixteen (16) South Windsor Taxpayers, the total of said refund being $1,791.65, and as more fully described on attached Exhibit A.

Was made by Councilor Snyder
Seconded by Councilor Delnicki
The motion was approved, unanimously

Councilor Wagner made a motion to Suspend the Rules and go to Item 14. B.  Councilor Yagaloff seconded the motion; and it was approved, unanimously.

  • Discussion Item:  Appointment of the Town Attorney
Councilor Pendleton explained that she wanted this item on the agenda and it should go to the Personnel Committee to decide if an RFP is going to be done.  

Councilor Snyder stated that there are other issues that the Personnel Committee needs to discuss also.  The Committee should be meeting shortly.

(Discussion Continued on Next Page)


ITEM:

13.     B.      (Continued)
Councilor Yagaloff stated he would be recusing himself on the issue of the Town Attorney but would participate with the other issues.

Town Attorney Olson explained that as long as there is an existing engagement letter, services would continue until a decision is made regarding the Town Attorney.

Councilor Prague pointed out that Murtha Cullina has been working with the Town through the Connecticut Studios project and feels continuing with their service would be good.

8.      Public Petitions

None

9.      Communications from Officers and Boards Directly Responsible to Council

Ms. Mary Etter informed the Council that the South Windsor Public Library and the South Windsor Human Relations Commission will be holding a series of programs as follows:  February 20, 2014 at 7:00 p.m. – Hindu Culture, March 20, 2014 at 7:00 p.m. – Korean Culture and April 24, 2014 at 7:00 p.m. – Zoroastrian Culture.  All of these programs are being held at the South Windsor Public Library.

There is also a series of films of documentaries with discussions following.  The next one is Sunday, March 23, 2014 at 2:00 p.m. at the South Windsor Public Library.

10.     Reports from Standing Committees

None

11.     Reports of Temporary Committees

None

Councilor Wagner made a motion to Suspend the Rules to go to Item 16. Communications and Reports from Town Manager.  Councilor Snyder seconded the motion; and it was approved, unanimously.


ITEM:

16.     Communications and Reports from Town Manager

Mayor Anwar commented that the Town has received a check in the amount of $1.1 million dollars for FEMA reimbursements.  Mr. Gantick explained that the Town will continue to try to collect funds that the Town feels were eligible above and beyond FEMA.  The entire original budget for FEMA reimbursements have been received.

Mayor Anwar informed the Council of the following:

  • The Council received a letter from Hap Fitts dated March 10, 2014 which explains that there is a meeting scheduled for the Public Building Committee on March 19, 2014 at 7:30 p.m. in the Library regarding the elementary school referendum.  
  • Effective February 26, 2014, Philip Fleury, Jr. is no longer the Executive Director of the South Windsor Ambulance Corps, Inc.  Ms. Carol Salcius will assume the duties and functions of the Executive Director in an acting capacity.
  • A letter from Mary Martin was received with concerns stated regarding the notification of a Zoning Board of Appeals meeting.
  • The Council received a letter from Jim Morrison regarding his concerns about the actions of the Planning & Zoning Commission on November 26, 2013 by approval of application #13-53P – South Windsor Little League and Town of South Windsor request.  Mr. Galligan will address this issue.
Answering further questions from the Council, Mr. Gantick explained that the Town has put in an order for salt.  The total overtime cost for snow removal to this point is approximately $63,000.

At 8:00 p.m. Mayor Anwar recessed the Regular Meeting in order to hold a scheduled Public Hearing.  The meeting reconvened at 8:04 p.m.

14.     New Business (Continued)

A.      Budget Presentation:  Board of Education

Chairperson David Joy came before the Town Council and presented the Board of Education budget, as shown in attached Exhibit B.




ITEM:

14.     A.      (Continued)

Mayor Anwar stated that the public could send their questions to any Town Council member or Board of Education member.  Town Council members should submit questions to the Clerk of the Council who will share those questions with the Board of Education and Superintendent of Schools.  Questions can be answered at the April 2, 2014 Joint Work Session.

15      Passage of Ordinance

A.      Resolution Adopting an Amendment to Ordinance #198, an Ordinance Authorizing the Acquisition of Open Space

BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Ordinance #198, an Ordinance Authorizing the Acquisition of Open Space, as shown in attached Exhibit C.

Was made by Councilor Mirek
Seconded by Councilor Delnicki

Council members discussed the fact that 559 Avery Street is still in negotiations and the Council has never voted to proceed with the acquisition of Avery Street with open space funds.  Councilor Yagaloff suggested that the Council either wait for clarification from the Town Manager regarding this issue or don’t change the Ordinance at this time.  

Councilor Snyder explained that the Town Manager felt that the passing of the Ordinance should happen so he could negotiate the purchase of this property.  

Town Attorney Olson stated that the Council would still have an opportunity to approve the purchase and sale agreement.  

Councilor Yagaloff made a friendly amendment to add “Town Council” before “approved purchase and sale agreement and to execute all documents necessary to facilitate the acquisition of the real properties identified below.”  Councilor Mirek agreed to the friendly amendment.

(Resolution Continued on Next Page)

ITEM:

15.     A.      (Continued)

Town Attorney Olson explained that the intent is the same and therefore she feels adding “Town Council” is strictly a corrective measure and believes the notice for this Ordinance would still be valid.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.

17.     Public Input

Ms. Nancy Yario, 20 Andreis Trail came before the Council and requested that the Town of South Windsor take the necessary steps to be added to the list to fly a flag for “Organ Donation”.

Councilor Mirek stated that she had sent an email to Mr. Galligan to participate in this but has not heard anything yet.

Councilor Delnicki explained that the Town Council has the ability to direct the Town Manager to fly the flag on the appropriate dates to recognize this.  It can be done by resolution.

18.     Communications and Petitions from Council

None

19.     Executive Session

At 8:32 p.m. Councilor Delnicki made a motion to go into Executive Session to discuss draft agreements which would result in disclosure of public records or information which is exempt from disclosure at this time pursuant to Connecticut General Statutes §1-210(b)(1) and §1-210(b)(4) and potential claims and litigation.  Councilor Snyder seconded the motion; and it was approved, unanimously.

Individuals invited into Executive Session:  Mayor Anwar, Councilors Delnicki, Mirek, Pendleton, Prague, Snyder, Wagner, Yagaloff, Acting Town Manager Michael Gantick and Town Attorney Kari Olson.

(Executive Session Continued on Next Page)


ITEM:

19.     Executive Session (Continued)

At 9:22 p.m. Councilor Wagner made a motion to adjourn the Executive Session.  Councilor Delnicki seconded the motion; and it was approved, unanimously.


Respectfully submitted,


                                                
Deborah W. Reid, Clerk of the Council