TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 March 3, 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.
Mayor Anwar called for a moment of silence in memory of Mr. Lloyd Folsom and Mr. Connor Betts who both were killed in a tragic accident in South Windsor.
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: Matthew B. Galligan, Town Manager
Kari Olson, Town Attorney
5. Public Input
Ms. Mary Ann McAndrew, 35 Ellsworth Circle came before the Town Council to thank the Town Council for supporting the public schools with approving the Elementary School project going to referendum. The referendum will be held on March 25th and it is important for residents to come out and vote.
Mr. Roger Anderson, 871 Ellington Road also came before the Town Council to support the Board of Education’s proposal to renovate the aging elementary schools in Town. Mr. Anderson urged residents to come out and vote on March 25th.
Ms. Margaret Shea came forward and introduced the St. Patrick’s Day Parade Committee members and then introduced the 2014 Town Marshal who is Kevin Cooney and the 2014 Town Honoree who is Bruce Maneeley for the St. Patrick’s Day Parade which will be held on Saturday, March 15, 2014.
ITEM:
5. Public Input (Continued)
Mr. Gary Bazzano 53 Spinners Run stated that he had read that the first round of STEAP Grants were awarded and Farmington received $500,000 for improvements to their football field in which they will be installing synthetic turf. It is time for South Windsor to decide if the athletic fields project is going to move forward. The Town Manager needs direction. South Windsor had discussed using LoCIP funds but has also discussed using the LoCIP funds for the bridge. Mr. Bazzano then requested that Item 14. B. be taken off of the Consent Agenda for a separate vote. This item has to do with one particular member being appointed to the Park & Recreation Commission. This person is not worthy to be on the Park & Recreation Commission. This individual does not have the ability to be
objective regarding recreation activities. Mr. Bazzano stated that the ordinance for the Park & Recreation Commission is not necessary. A policy could be established instead of the creation of an ordinance.
Mr. Matthew Riley, 12 Heatherwood Drive read into the record the definition of a conflict of interest and felt that Mr. Richard Grigorian who is being considered to be appointed to the Park & Recreation Commission has an appearance of a conflict of interest with regards to his professional life and should not be appointed to that Commission.
Ms. Cindy Beaulieu, 19 Cody Circle stated that she does not understand how someone who does not have any interest in recreational activities can be nominated to the Park & Recreation Commission. Ms. Beaulieu explained that Mr. Grigorian blocked progress during the athletic fields project proposal and even banned one of the fathers who was part of the athletic fields project from ever stepping foot into the South Windsor Arena because part of the proposal at first was the creation of a hockey rink. Ms. Beaulieu requested that the Council not let the nomination proceed and find someone who will do what is right for our Town. Ms. Beaulieu stated that she has heard that Farmington has been awarded their STEAP grant for their athletic fields. The post office project has not been vetted and yet the
Town is applying for a STEAP grant.
Mr. Mike Sullivan, 24 Jared Court came forward and spoke in favor of the ordinance for Leases over $1,000,000. The Connecticut Studios project has evolved over the years from a movie studio project to a solar project to a fuel cell project. Updates need to be given as well as concrete assurance regarding this project.
ITEM:
5. Public Input (Continued)
Mr. Carl Werkhoven, 68 Oakwood Drive came before the Town Council to talk in opposition regarding talking or texting while driving. If doing so and caught, Mr. Werkhoven would like to see fines up to $1,000 and the loss of license for one-year. Mr. Werkhoven questioned how he would be able to get onto the agenda to have dialogue with Council members.
Mr. George Maclachlan, 38 Sunset Terrace explained that he travels the roads often in his electric wheelchair. Mr. Maclachlan requested that a sign be put up stating that there is a handicap person in the area to protect himself and the Town. Sidewalks are great but there are times when a path to get onto the sidewalk is not done or is not done very well so he has been stuck on the road. Mr. Maclachlan stated that he supports Mr. Werkhovens efforts because he has been bumped by individuals who have been texting while driving. The stop sign on Graham Road and Ayers, they take a right turn without stopping and the day he was bumped was because that person did not stop and they were on their phone.
Mr. Kevin McCann, 170 Lisa Drive came forward to speak in opposition to the appointment of Richard Grigorian to the Park & Recreation Commission. Mr. Grigorian has not shown any interest in recreation activities before last year. Mr. Grigorian has a conflict of interest with every recreational program that is brought forward through the Park & Recreation Department.
Mr. Mike Mundo, 249 Maskel Road stated that he does not feel this Town Council is doing what is right for the community. The Council approved a resolution to move forward with a proposal for a STEAP grant for athletic fields. Please move forward with the athletic fields project. Having Richard Grigorian on the Park & Recreation Commission would be wrong.
Mr. Craig Stevenson, Connecticut Studios explained that he received an email asking if there is any hope of Connecticut Studios actually come to fruition? Mr. Stevenson answered yes and said he hoped the Town Manager had the opportunity to share with the Council some documents that were provided to him today that give a status update of where the project is at this point in time. Our task at hand is to obtain some bridge financing. This financing would 1) compensate former construction manager and creditor; 2) establish a mitigation area for the grasshopper sparrows; 3) purchase the private property where the studio campus with be located; and 4) pay the debt on the former Town property from a mortgage that has been placed on that. Connecticut Studios has secured construction financing which is the
first step to provide the bridge financing.
ITEM:
5. Public Input (Continued)
Connecticut Studios is in the process of finalizing the term sheet and establishing a closing date with a bridge financing company, ARC Funding. Connecticut Studios has a hard commitment letter that has nine contingencies that must be satisfied by Seminal Financing who is the Construction Lender who will pay back the bridge lender. All nine of the contingencies have been evidenced to Seminal Financing. They are in the process of completing their verifications of these submissions. Upon the completion of that, they will work with ARC Funding who will provide a term sheet to Connecticut Studios. Connecticut Studios will then be able to move forward on its bridge loan closing which is anticipated within the next 14 days.
Mr. Tim Kennedy stated that he is in favor of the field proposal. Mr. Kennedy said he hopes that some action has been taken with regards to the STEAP grant being sought for this project.
6. Environmental Health & Safety Message
Mayor announced that March is Colon Cancer Awareness Month. Individuals should be screened.
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Special Meeting of January 27, 2014 and February 24, 2014; Public Hearing Meeting Minutes of February 18, 2014; and Regular Meeting Minutes of February 18, 2014.
Was made by Councilor Delnicki
Seconded by Councilor Pendleton
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
12. Consent Agenda
Councilor Pendleton and Councilor Mirek made a motion to approve Agenda Items 13. A.* through 13. C.* and 14. A.* through 14E.* as the Consent Agenda. Councilor Wagner seconded the motion.
Councilor Mirek requested that Agenda Item 14. B. be removed from the Consent Agenda. The remaining of the Consent Agenda was approved, unanimously.
13. Unfinished Business
* A. Resolution Appointing Jan Tarr (D) to the Housing Authority
BE IT RESOLVED that the South Windsor Town Council hereby appoints Jan Tarr (D) to the Housing Authority for a term ending November 30, 2017 to fill the unexpired term of Caroline Taylor.
(Approved by Consent Agenda)
* B. Resolution Appointing Mohammad Quraishi (D) an Alternate to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Mohammad Quraishi (D) an Alternate to the Economic Development Commission for a term ending November 30, 2017 to fill the expired term of Gary Waterhouse.
(Approved by Consent Agenda)
ITEM:
13. Unfinished Business (Continued)
* C. Resolution Reappointing Edward O’Connell (D) to the Public Building Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Edward O’Connell (D) to the Public Building Commission for a term ending November 30, 2017.
(Approved by Consent Agenda)
14. New Business
* A. Resolution Reappointing Caroline Taylor (D) an Alternate to the Historic District 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 reappoints Caroline Taylor (D) an Alternate to the Historic District Commission for a term ending November 30, 2018 and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* C. Resolution Appointing Tim Wentzel (D) to the Public Building 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 Tim Wentzel (D) to the Public Building Commission for a term ending November 30, 2015 to fill an expired vacancy and postpones consideration until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
14. New Business (Continued)
* D. Resolution Reappointing Robert O’Connor (D) to the Park & Recreation 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 reappoints Robert O’Connor (D) to the Park & Recreation Commission for a term ending December 31, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* E. Resolution Appointing John Phillips (R) an Alternate to the Inland Wetland Agency/Conservation 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 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 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
B. Resolution Appointing Richard Grigorian (D) an Alternate to the Park & Recreation 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 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 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councilor Pendleton
Seconded by Wagner
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
Councilor Prague stated that Richard Grigorian is a pleasant person but is not fit to serve on the Parks & Recreation Commission. Mr. Grigorian has a conflict of interest and Councilor Prague said he would not support this resolution. Mr. Grigorian attacked individuals that used to be on the Town Council and cost them the election.
Councilor Yagaloff felt that some of the appointments are tough to decide upon but the request for the appointment is coming from the Town Committee. The Park & Recreation Commission members are the ones who will have to work with Mr. Grigorian. Councilor Yagaloff questioned if anyone would have a problem working with Mr. Grigorian?
Mr. Alan Larson, 46 Jacques Lane and Chairperson of the Park & Recreation Commission said that anyone who serves on a Commission should be applauded for their participation. The Commission is not in the position to judge the suitability of a candidate regardless of personal opinion. Mr. Larson stated he trusts the judgment of the Town Council.
Councilor Yagaloff stated he would be supporting this resolution unless there was strong opposition from the Park & Recreation Commission or the Director of Parks & Recreation.
Mr. Galligan stated that Mr. Favreau works with everyone. This decision is for the Town Council to make.
Councilor Wagner stated that if an ice rink project came before the Park & Recreation Commission, it would be expected that Mr. Grigorian or anyone who had a conflict of interest would not participate in that discussion. Mr. Grigorian does support recreational activities of other types. His facility could not possibly provide all of the recreation activities that South Windsor needs and I don’t believe he believes that. Councilor Wagner said he does not feel there is a conflict of interest and requested the Town Attorney to give her input.
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
Town Attorney Kari Olson explained that the Town does have an Ethics Policy and it is a situation where if there is a personal interest in the subject matter, the member is required to recuse themselves and to disclose that conflict which is filed on their land records. That individual is then prohibited from acting on that subject matter.
Councilor Wagner stated that anyone on a Board/Commission could have a conflict of interest and is expected to make the right decision when that happens.
At 8:00 p.m. Mayor Anwar recess the Regular Meeting in order to call the Public Hearing to order. The Regular Meeting reconvened at 8:14 p.m.
Councilor Snyder stated that her concern with this is the appearance of a conflict of interest with this appointment. Even if there is an appearance of a conflict of interest there should be careful consideration of this appointment. Information provided to the Town regarding the fields project had a lot of inaccuracies in it from Mr. Grigorian. Councilor Snyder stated she would not be able to support this resolution because she is not sure Mr. Grigorian is the right fit for this Commission.
Councilor Mirek questioned if it is a bad idea to appoint an individual to a Commission with an appearance of a conflict of interest? Town Attorney Kari Olson stated that it really is a Council decision. The Ethic Rules are pretty clear that if a Commission member feels they have a conflict of interest they should take the necessary steps to disclose the conflict and then recuse themselves. If there is an appearance of a conflict of interest the Town Attorney encouraged that individuals do step down, but the decision is ultimately the Council’s
Councilor Mirek stated that when she met with Mr. Grigorian they discussed the amount of fields in Town. Mr. Grigorian was counting fields where there are not legitimate fields. Councilor Mirek felt that Mr. Grigorian would fit well on a different Commission rather then the Park & Recreation Commission.
Councilor Wagner felt that it is healthy that there are different opinions of individuals and they get involved in dialogue.
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
Mayor Anwar called for a vote on 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 the motion; and Councilor Mirek, Councilor Prague and Councilor Snyder voting in opposition of the motion.
F. 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 April 9, 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 a Tenth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
Was made by Councilor Wagner
Seconded by Pendleton
The motion was passed on a Roll Call vote of 6 to 2 with Mayor Anwar, Councilor Delnicki, Councilor Mirek, Councilor Pendleton, Councilor Snyder and Councilor Wagner voting in favor of the motion; and Councilor Prague and Councilor Yagaloff voting in opposition of the motion.
Mayor Anwar read a statement into the record, as shown in attached Exhibit F.
G. Resolution Approving Offer of a Tax Assessment Agreement with Folsom Property Management, LLC a/k/a Folsom Construction, LLC
WHEREAS, a Request for Tax Abatement has been received from Folsom Property Management, LLC a/k/a Folsom Construction, LLC; and
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
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 Folsom Property Management, LLC a/k/a Folsom Construction, LLC as an incentive to invest an estimated $1,988,193 in total costs, including land and building improvements, and to construct two buildings 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 Folsom Property Management, LLC a/k/a Folsom Construction, LLC as outlined in Exhibit A; and
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is conditioned upon Folsom Property Management, LLC a/k/a Folsom Construction, LLC (1) meeting the estimated $1,988,193 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 Folsom Property Management, LLC a/k/a Folsom Construction, LLC fails to meet either of these conditions, Folsom Property Management, LLC a/k/a Folsom Construction, LLC 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 Folsom Property Management, LLC a/k/a Folsom Construction, LLC execution of a written agreement reflecting the terms set forth in this Resolution and such other terms as the Town may require.
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
Was made by Councilor Prague
Seconded by Councilor Delnicki
Mr. Galligan stated that this is a viable company and feels the Town should go forward with the approval of the abatement.
Councilor Yagaloff stated that Lloyd Folsom has done a lot for the community and feels the Town Council should follow through on this commitment.
Councilor Delnicki said Lloyd Folsom was a wonderful person and speaks to the legacy of Mr. Folsom. Councilor Delnicki stated he would be supporting this resolution.
Mayor Anwar said he would support this resolution.
Mayor Anwar called for a vote on this motion; it was approved, unanimously.
Councilor Yagaloff made a motion to add Agenda Item 14. M. to the agenda concerning a resolution approving the purchase and sale of 491 King Street. Councilor Delnicki seconded the motion; and it was approved, unanimously.
M. Resolution Approving the Purchase and Sale Agreement for 491 King Street
WHEREAS, the Town Council has previously approved the acquisition of 491 King Street as open space by ordinance; and
WHEREAS, the Town has done its due diligence with respect to the property; and
WHEREAS, the Town has drafted a purchase and sale agreement to consummate the sale of the property to the Town, which agreement has been approved by the Town Attorney
(Resolution Continued on Next Page)
ITEM:
14. M. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby approves the purchase and sale agreement and authorizes the Town Manger to execute it and all other documents necessary to affect the purchase of 491 King Street; and
BE IT FURTHER RESOLVED that the Town Manager is authorized to use Open Space Funds to pay all costs and fees incurred by the Town to purchase 491 King Street.
Was made by Councilor Yagaloff
Seconded by Councilor Delnicki
Answering questions from the Council, Mr. Galligan explained that the Town would be purchasing the property for $130,000.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
H. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on an Amendment to Ordinance #198, an Ordinance Authorizing the Acquisition of Open Space
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, March 17, 2014, at 8:00 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 an amendment to Ordinance #198, an Ordinance Authorizing the Acquisition of Open Space, as shown in attached, Exhibit B.
Was made by Councilor Yagaloff
Seconded by Councilor Delnicki
The motion was approved, unanimously
ITEM:
14. New Business (Continued)
- Resolution Endorsing the Regional Performance Incentive Program to Receive a Grant for Access to the Connecticut Nutmeg Network High Speed Internet
BE IT RESOLVED that the South Windsor Town Council hereby endorses the Regional Performance Incentive Program proposal to receive a grant for access to the Connecticut Nutmeg Network High Speed Internet, referenced in Connecticut General Statutes Section 4-124s as amended by Section 251 and 253 of Public Act 13-247.
Was made by Councilor Mirek
Seconded by Councilor Wagner
Mr. Galligan explained that the Connecticut Education Network only allowed school districts to be connected in a fiber optic pipe which can give you a lot of high speed internet and could be used for a variety of other tasks. The Town has been lobbying through CCM that the Town should be a part of that program. It has been passed to allow municipalities to be a third component of this network. CRCOG and CCM are working to help the communities write grants. If the grant is given to the Town, it would allow the Town to connect the line coming from the Police Department. The speed of the network would be much faster.
Mayor Anwar explained that this topic has been discussed in Capital Projects. The Town is presently behind with respect to having fiber optic networks within the Town’s various buildings. This gives the Town an opportunity to fix this issue.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
J. Resolution Designating the South Windsor Board of Education as the Building Committee for State Project Number TMP-132-BHFT, South Windsor High School Roof Replacement Project
WHEREAS, the November 5, 2012 referendum question #1 approved the South Windsor High School Replacement Project
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby designates the South Windsor Board of Education as the Building Committee for State Project Number TMP-132-BHFT, South Windsor High School Roof Replacement Project; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes said Board of Education to proceed with preparation of the necessary schematic drawings and outline specifications for the project, and authorizes South Windsor’s Superintendent of Schools to file application for a School Construction Project Grant.
Was made by Councilor Snyder
Seconded by Pendleton
The motion was approved, unanimously
K. Resolution Appointing the South Windsor Public Building Commission to Develop Conceptual Plans for the Construction of a New Orchard Hill Elementary School
BE IT RESOLVED that the South Windsor Town Council hereby appoints the South Windsor Public Building Commission to develop conceptual plans including rough design, square footage and approximate cost for the construction of a new Orchard Hill Elementary School; and
BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with the necessary staff to develop programs and follow all required RFP and public bidding processes for the construction of a new Orchard Hill Elementary School.
(Resolution Continued on Next Page)
ITEM:
14. K. (Continued)
Was made by Councilor Pendleton
Seconded by Councilor Snyder
Answering questions from the Council, Mr. Galligan explained that with previous projects, the Public Building Commission has always worked on the design, sent projects to the Council and then went to referendum. The Public Building Commission is presently behind in this process. It is imperative to have the Public Building Commission work on this project so the project would be ready to go if it is approved by referendum.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
L. Resolution Approving a Refund of Taxes to Twenty-Four (24) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-four (24) South Windsor Taxpayers, the total of said refund being $29,578.18, and as more fully described on attached Exhibit C.
Was made by Councilor Wagner
Seconded by Delnicki
The motion was approved, unanimously
15 Passage of Ordinance
A. Resolution Adopting the Proposed Ordinance Concerning Referenda for Leases or Other Expenditures having a Cost Equal to or Exceeding One Million Dollars ($1,000,000.00)
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance Concerning Referenda for Leases or Other Expenditures having a Cost Equal to or Exceeding One Million Dollars ($1,000,000.00) as shown in attached Exhibit D.
Was made by Councilor Yagaloff
Seconded by Councilor Pendleton
(Resolution Continued on Next Page)
ITEM:
15. A. (Continued)
Councilor Yagaloff felt that this ordinance would take the gray area out of how to proceed with leases. It gives the Council some room to make decisions regarding smaller projects. Anything exceeding One Million Dollars will need to go to referendum. Councilor Yagaloff said he would support this ordinance.
Councilor Mirek stated that she is concerned with putting things in ordinances. Going to referendum is not an inexpensive ordeal.
Councilor Delnicki stated he feels this ordinance is a step in the right direction and would be supporting this. The checks and balances are reasonable.
Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 6 to 2 with Mayor Anwar, Councilor Delnicki, Councilor Pendleton, Councilor Prague, Councilor Wagner and Councilor Yagaloff voting in favor of the motion; and Councilor Mirek and Councilor Snyder voting in opposition of the motion.
B. Resolution Adopting an Ordinance Referring all Recreational Related Proposals to the Park & Recreation Commission
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance Referring all Recreational Related Proposals to the Park & Recreation Commission, as shown in attached Exhibit E.
Was made by Councilor Yagaloff
Seconded by Mayor Anwar
Councilor Yagaloff stated that this ordinance requires that if the Town Council receives a recreation project it has to be referred to the Park & Recreation Commission and give them 60 days to evaluate a project and make recommendations. It is important for the Park & Recreation Commission to review projects to make sure that the project is consistent with their Master Plan. The Town Council could still be having conversations regarding the project even while the Park & Recreation Commission is reviewing a particular project.
ITEM:
15. B. (Continued)
Town Attorney Kari Olson explained that this process would be the same as when the Council does an 8-24 referral to Planning & Zoning. This ordinance allows the Park & Recreation the ability to weigh in on projects that are within their jurisdiction.
Councilor Yagaloff stated that he would support this ordinance because it gives the Park & Recreation Commission the ability to review recreational projects but does not take away the rights and responsibilities of the Town Council.
Councilor Snyder felt that this ordinance is not necessary and is a process that should be followed any way. This seems to be a reaction from the Athletic Fields Committee that was established during the last Town Council administration where the Mayor allowed a Committee to be put together where it should have been referred to the Park & Recreation Commission.
Councilor Wagner stated he would be supporting this ordinance. This ordinance was not established because of the Athletic Fields project, as stated by the Chairperson of the Park & Recreation Commission, but because there have been other projects that have not been referred to the Park & Recreation Commission in the past.
Councilor Delnicki felt that this ordinance creates a clarity on the process that will be upheld by future Councils. If turns out to be cumbersome, it can be amended as any ordinance can. The Council owes the Park & Recreation Commission an opportunity and Councilor Delnicki said he would be supporting this ordinance.
Councilor Pendleton thanked the volunteers of the Park & Recreation Commission and stated that she would support this ordinance. This ordinance should be used as a guideline for the Park & Recreation Commission and Town Council to work together.
Councilor Prague stated that if there is nothing to preclude the Town Council from working alongside the Park & Recreation Commission, then why is the Town Council micromanaging ourselves.
(Resolution Continued on Next Page)
ITEM:
15. B. (Continued)
Answering questions from the Council, Town Attorney Kari Olson explained that ordinances remain in the Town’s code unless repealed or amended which requires a public hearing and a vote of the Council.
Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 5 to 3 with Mayor Anwar, Councilor Delnicki, Councilor Pendleton, Council Wagner and Councilor Yagaloff voting in favor of the motion; and Councilor Mirek, Councilor Prague and Councilor Snyder voting in opposition of the motion.
16. Communications and Reports from Town Manager
Mr. Galligan reported that a STEAP grant was submitted today to the State of Connecticut for the athletic fields. The grant that Farmington received for their athletic field at their high school was from an old grant. The submission for this new grant has to be submitted by April 15, 2014. Another grant will be submitted next week for the old post office to become an EOC.
The Community Emergency Response Team (CERT) training is going well. There have been a lot of positive response from the community. Mr. Gonzalvez stated he would be looking for additional grants for this program.
Explanatory text will be mailed to all residents.
Negotiations are on-going with the Public Works Union. Mr. Galligan stated he would be sending the final contract to the Town Council after he reviews it.
The General Government Budget will be submitted on March 20th. Chairperson David Joy would like to present the Board of Education’s Budget on March 17th. Mr. Galligan explained that he would not be at that meeting.
Mr. Galligan explained to the Council what information was in the application grant for the athletic fields proposal. Councilor Mirek stated that she had requested for an agenda item on December 11th to follow up on the status of the fields project. Also requested was the status of the EOC proposal.
Mr. Galligan stated that there is a meeting tomorrow to discuss both those items. The Town Council will receive solid proposals as well as numbers.
ITEM:
16. Communications and Reports from Town Manager
Answering questions from the Council, Mr. Galligan explained that the grand list has gone up 1.67%. The graph of salt use on page 3 of the Town Manager’s Report was done by the Public Works Department. Mr. Galligan stated he would have Mike Gantick come in and discuss this item with the Town Council.
Councilor Yagaloff stated that Councilor Pendleton and himself are currently in CERT training. Councilor Yagaloff explained the different things that are taught in these classes and stated that the goal is to get approximately 100 people in the CERT.
Council members discussed a past proposal of charging for health inspections and having certificates for different restaurants in Town. Mr. Galligan explained that his proposal had been turned down by past Councils but it is something that could be reviewed by this Council. Councilor Prague stated that he does not feel the Town should charge for that service because it is part of Sherry McGann’s job. Mr. Galligan explained that some people feel that the department could be self sustaining revenue wise. Councilor Prague stated that he would not support any fee based system. Councilor Delnicki felt that this would hurt the smaller restaurants.
Council members discussed at length the time changes that had occurred during a Planning & Zoning application requesting the construction of a two story concession facility at 138 Ayers Road. The Council decided to have the Town manager talk to the Little League and the Planning & Zoning Commission to try to rectify neighbors concerns.
17. Public Input
None
18. Communications and Petitions from Council
None
ITEM:
19. Executive Session
At 9:48 Councilor Delnicki made a motion to go into Executive Session to discuss a possible tax assessment agreement which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to Connecticut General Statutes §1-210(b)(1) and §1-210(b)(5)(B) and to discuss a 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). Mayor Anwar seconded the motion; and it was approved, unanimously.
The following individuals were invited into Executive Session: Mayor Anwar, Councilor Delnicki, Councilor Mirek, Councilor Pendleton, Councilor Prague, Councilor Snyder, Councilor Wagner, Councilor Yagaloff, Town Manager Matthew Galligan and Shari Fiveash.
At 10:10 p.m. Councilor Snyder 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
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