TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 April 7, 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: Matthew B. Galligan, Town Manager
Dwight Johnson, Town Attorney
Kari Olson, Town Attorney
Councilor Delnicki made a motion to Suspend the Rules in order to go to Item 19, Executive Session. Councilor Pendleton seconded the motion; and it was approved, unanimously.
At 7:04 p.m. Councilor Delnicki made a motion to go into Executive Session to discuss a personnel issue and three issues involving potential claims and litigation. Councilor Pendleton seconded the motion; and it was approved, unanimously
The following individuals were invited into Executive Session: Attorney John Evans, DCK Worldwide; John Riley, DCK Worldwide; Dan Marsh, National Development Council; Dwight Johnson, Murtha Cullina, LLC; Kari Olson, Murtha Cullina, LLC; Matthew B. Galligan, Town Manager; Mayor Anwar; Councilor Delnicki; Councilor Mirek; Councilor Pendleton; Councilor Prague; Councilor Snyder; Councilor Wagner and Councilor Yagaloff
At 8:05 p.m. Councilor Snyder made a motion to adjourn the Executive Session. Councilor Delnicki seconded the motion; and it was approved, unanimously.
ITEM:
5. Public Input
Mr. John Evans, Attorney for DCK North America, LLC came before the Council and confirms that DCK did exercise its rights as a lender to the project and proceeded with the public sale of the remaining interests in Connecticut Studios. DCK North America, LLC was the successful bidder by credit bid so that is the reason I am here tonight. A Standstill Agreement has been negotiated with the Town of South Windsor in relation to the project and am hopeful that will lay the ground work for what continues to be a very cooperative effort to explore how and if this project can move forward. Tonight DCK would like to have an extension on the Standstill Agreement until the end of August.
Mr. Carl Werkhoven, 68 Oakwood Drive came forward and stated that he is hopeful that those who can not abide by the law of not using their phone while driving to be given a larger fine, especially in construction areas. South Windsor should be the first Town in Connecticut to do something about this problem of texting and driving and talking and driving.
Mr. James Throwe, 1330 Main Street came before the Council and explained the process that is used to appoint an individual to a certain Board and/or Commission. This nomination is from the Democratic Town Committee and should be approved tonight by the Town Council.
Mr. Don Gonsalves, 40 Bayberry Drive and stated that he read in the paper that the 23 acres for the Connecticut Studios project may be being sold. If that is correct, someone is going to sue the Town of South Windsor and the Council. Mr. Gonsalves also commented that he does not approve of the marijuana operation going into the Town of South Windsor. An issue like this should go to public referendum.
Mr. Kevin McCann, 170 Lisa Drive explained that if an appointment is not taken care of in two consecutive meetings. If not taken up at the second meeting, the motion should be considered having died.
Ms. Kathy Daugherty, 12 Roy Road stated that she is concerned about the appointment of Mr. Richard Grigorian to the Parks & Recreation Commission. Mr. Grigorian is the owner of South Windsor Arena and this year the Town has paid South Windsor Arena almost $35,000. By appointment this individual we would be putting the owner of South Windsor Arena on a Commission that makes decisions that benefits the South Windsor Arena. Mr. Grigorian has a financial interest in this particular Commission. The Town should avoid this at all cost.
ITEM:
5. Public Input (Continued)
Ms. Cindy Beaulieu, 19 Cody Circle explained that Mr. Grigorian does not fit with the membership on the Parks & Recreation Commission. The Council needs to think about this appointment and question if this is the right Commission for this particular person. There may be another Commission that he would be better suited for.
Mr. Matt Riley, 12 Heatherwood Drive stated that this nomination has an appearance of a conflict of interest and should be avoided. Mr. Riley said he believes that an individual or a family member owns a recreational facility and who benefits from owning a recreational facility there is an appearance of a conflict of interest. At this time, Mr. Riley felt that if Mr. Grigorian wants to serve on a Board/Commission there may be a better Board/Commission for him to serve on and suggested that the nomination be tabled in order to find a more suitable candidate.
Mr. Tony Duarte, Chair of the Democratic Town Committee came forward to speak on the nomination of Richard Grigorian. He explained that several meetings were held regarding appointments to Boards/Commission. Each individual who is nominated for an appointment is interviewed by the Nominating Committee. If approved, that nomination is brought to the entire Commission. The Democratic Town Committee voted and supported this nomination.
Mr. Richard Grigorian, 369 Main Street stated that there is obviously a campaign to stop me from serving on the Parks & Recreation Commission. Mr. Grigorian said he does not understand why this is being done, has done a lot for the Town of South Windsor and does not have any ulterior motives.
6. Environmental Health & Safety Message
Mayor Anwar announced that April is Autism Awareness Month. One in every sixty-eight children is autistic and it is important for the community to recognize it. This month is also about Youth Sports Safety Month. It is important to recognize that there are sports injuries that can have an impact on people and having the right sporting equipment is important.
Councilor Mirek read a proclamation into the record regarding Organ Donation. The Town will be participating in Flags Across Connecticut to show support for organ donation.
ITEM:
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Special Budget Work Session Minutes of March 24, 2014; Special Budget Meeting Minutes of March 26, 2014; and Regular Meeting Minutes of March 3, 2014.
Was made by Councilor Prague
Seconded by Councilor Delnicki
The motion was approved, unanimously
8. Pubic Petitions
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
Councilor Wagner made a motion to approve Agenda Items 14. A.* through 14. B.* as the Consent Agenda. Mayor Anwar seconded the motion; and they were approved, unanimously.
ITEM:
14. New Business
* A. Resolution Appointing Gary Pitcock (D) to the Greater Hartford Transit 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 appoints Gary Pitcock (D) to the Greater Hartford Transit District Commission for a term ending December 12, 2016 to fill an unexpired term of Hugh Brower and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* B. Resolution Appointing Michael Baum (D) an Alternate to the Planning & Zoning Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Michael Baum (D) an Alternate to the Planning & Zoning Commission for a term ending November 14, 2015 to fill an unexpired term of Stephen Wagner and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
13. Unfinished Business
A. Resolution Appointing Richard Grigorian (D) an Alternate to the Park & Recreation Commission (tabled from the March 17, 2014 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.
Was made by Pendleton
Seconded by Councilor Wagner
ITEM:
13. A. (Continued)
Councilor Prague read into the record a letter from Craig Zimmerman who is a Democrat on the Board of Education, as shown in attached Exhibit A.
Councilor Mirek voiced concern about the comment made in Public Input by Kevin McCann regarding after something being tabled twice if it is not acted on at the second meeting it is off the table.
Mayor Anwar explained that the nomination was only tabled once and suggested at the time it be tabled because an individual was being slandered. Mayor Anwar stated he felt it would be fair to have the individual who is being nominated for the position to be at the meeting.
Town Attorney Olson stated that if this nomination was only tabled once then the rule regarding tabling would not apply but she said she would have to review the situation.
Councilor Wagner stated that the original motion was to postpone and have only tabled this item once. Councilor Wagner said he would be supporting this nomination and does not feel there is a conflict of interest regarding Mr. Grigorian being a member on the Park & Recreation Commission.
Councilor Mirek questioned if there is a time frame between the nomination and the vote.
Town Attorney Olson said she believes the rules that were being discussed was from the Roberts Rules that talks about tabling a decision in two consecutive meetings and having it effectively die as a result of that. Attorney Olson stated that based on what she is hearing tonight is sounds like that rule does not apply but she would have to review it further.
Councilor Yagaloff felt that if it was tabled at the first meeting then the concerns would be valid. The first vote was to postpone consideration until the next meeting. It was then voted at the next meeting to table. Even if the Town Council decided to take it up at a later point it would still be a valid point.
ITEM:
13. A. (Continued)
Mayor Anwar explained that when Mr. Grigorian was nominated by the Nominating Committee unanimously and the vote then went to the Democratic Committee, Mr. Zimmerman was present at that meeting and was part of the unanimous vote to move forward with this nomination. Mr. Zimmerman then wrote an email stating he was against it. Mr. Grigorian has been a part of this community for 40+ years and has done a variety of things for this Town. One reason individuals have been upset with him is because when there was a proposal of a hockey rink he took a stand against this proposal. There is no conflict of interest for Mr. Grigorian. The appearance of a conflict of interest is a very slippery slope which could apply to a lot of people.
Councilor Mirek stated for the record that there was never a proposal for a hockey rink before the Town Council. It was a discussion that took place.
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.
14. New Business (Continued)
C. Resolution with Respect to the Authorization, Issuance and Sale of Not Exceeding $7,500.00 Town of South Windsor General Obligation Refunding Bonds, and as more fully described in attached Exhibit B.
Was made by Councilor Mirek
Seconded by Councilor Yagaloff
Mr. Galligan explained that this is a refunding. The Town has bonds that are eligible under the law to refund. The savings could be between $120,000.00 to $140,000.00. If the market stays as it is the Town could save money.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
D. Resolution Directing the Town Manager to Work with the State of Connecticut, Department of Transportation Regarding Distracted Driving
WHEREAS, distracted driving is any activity that could divert a person’s attention away from the primary task of driving; and
WHEREAS, all distractions endanger drivers, passengers and bystanders safety; and
WHEREAS, the best way to end distracted driving is to educate all Americans about the danger it poses
NOW, THERFORE, BE IT RESOLVED that the South Windsor Town Council hereby directs Town Manager Matthew B. Galligan to work with the State of Connecticut, Department of Transportation to seek public educational information as well as post signs in various locations in Town.
Was made by Councilor Snyder
Seconded by Councilor Yagaloff
Mayor Anwar thanked Councilor Snyder for giving the Town Council insight of what educational tools are available to help our community.
Councilor Delnicki questioned if grant money is available for enforcement by the Police Department? Mr. Galligan explained that when the Police Department does a DUI checkpoint they enforce a variety of activities which grants are used for. Councilor Delnicki felt that this issue should be a focal point to enforce.
Councilor Yagaloff stated that there are a lot of people getting hurt because of distracted driving. This is a step for the Town of South Windsor to take action to protect all of the residents.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
Councilor Yagaloff made a motion to add an addendum, Item 14. 0. to the agenda and Suspend the Rules to take that item up. Councilor Wagner seconded the motion; and it was approved, unanimously.
O. Resolution Extending the Reverter Clause Deadline
BE IT RESOLVED that the Town of South Windsor and South Windsor Redevelopment Agency, acting through their duly authorized officials, extend to August 31, 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 Eleventh Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution provided that the existing Standstill Agreement with DCK Worldwide also be extended to the date specified in the foregoing resolution.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Mayor Anwar stated that as the Town is working with the new owners and needs to find the right time to implement this project.
Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 6 to 1 with Mayor Anwar, Councilor Delnicki, Councilor Mirek, Councilor Pendleton, Councilor Prague, Councilor Snyder and Councilor Wagner voting in favor of the motion; and Councilor Yagaloff voting in opposition of this motion.
ITEM:
14. New Business (Continued)
- Resolution “To Enter into a Partnership with CRCOG and Connecticut Transit to Implement the Bus Shelter Program and to Provide the Required 10% Local Match through In-Kind Services”
WHEREAS, as part of the Regional Bus Shelter Program, the Town of South Windsor is one of seven communities in the region that will be working in partnership with the CRCOG, Connecticut Transit and the Greater Hartford Transit District to install four new bus shelters in South Windsor along Connecticut Transit fixed bus routes; and
WHEREAS, participation in this program requires the individual municipalities to provide a 10% match for the purchasing and installation of the shelters in the form of cash, in-kind services or combination of both; and
WHEREAS, the estimated match for South Windsor is $8,500.00
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a partnership with CRCOG, Connecticut Transit and Greater Hartford Transit District and execute any agreements necessary to implement the Bus Shelter Program and to provide the required 10% local match through in-kind services.
Was made by Councilor Yagaloff
Seconded by Councilor Pendleton
Answering questions from the Council, Ms. Michele Lipe who is the Town Planner explained that there are two bus shelters proposed on Buckland Road, one on Governors Highway and one on Commerce Way. All four areas are existing bus stops and each property has been contacted and has been approved.
Mayor Anwar called for vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Approving the Assignment of Liens to American Tax Funding, Inc.
WHEREAS, the Town has filed tax liens totaling $237,085.08 for unpaid real property tax liens and sewer liens (the Liens) as set forth more particularly in the attached Exhibit C; and
WHEREAS, pursuant to General Statutes §12-195h, the Town Council may, by resolution authorize the assignment of property tax liens to a third party in exchange for consideration; and
WHEREAS, pursuant to General Statutes §7-254 and §7-258 the Town Council may, by resolution, authorize the assignment of sewer liens to a third party in exchange for consideration; and
WHEREAS, the Town desires to assign the Liens to American Tax Funding, Inc. in exchange for payment of one hundred percent (100%) of the amount of the assigned liens, including any accrued interest, penalties, fees and charges
NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the assignment of the Liens to American Tax Funding, Inc. in exchange for the payment of one hundred percent (100%) of the amount of the assigned liens, including any accrued interest, penalties, fees and charges; and
BE IT FURTHER RESOLVED that the Town Council authorizes the Town Manger to execute any and all appropriate documents necessary to effect such assignment.
Was made by Councilor Mirek
Seconded by Councilor Wagner
Mr. Galligan explained that the Town does this every couple of years. American Tax Funding, Inc. is a good company to work with.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Authorizing the Town Manager to Enter into a Contract for an Historic Documents Preservation Grant with the Connecticut State Library
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Matthew B. Galligan, South Windsor Town Manager to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant.
Was made by Councilor Pendleton
Seconded by Councilor Snyder
The motion was approved, unanimously
- Resolution Directing Town Manager Matthew B. Galligan to Fulfill Requirements Necessary for the Town of South Windsor to Gain Status as a Certified Local Government
WHEREAS, the Town of South Windsor has been at the forefront for preservation of our Town’s historic and cultural preservation efforts; and
WHEREAS, the Town of South Windsor has already established an Historic District Commission; and
WHEREAS, the Historic District Commission has played a very critical role in helping our Town’s historical properties be protected; and
WHEREAS, the Historic District Commission has conducted important surveys to identify the historical buildings in the Town of South Windsor; and
WHEREAS, the Town has fulfilled the requirements that would be expected to become a Certified Local Government as assessed by the DECD, State Historic Preservation Office
(Resolution Continued on Next Page)
ITEM:
14. H. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby directs Town Manger Matthew B. Galligan to work with South Windsor Town Planner Michele Lipe as well as the Historic District Commission to fulfill all the requirements that are necessary for an application to gain status as a Certified Local Government for the Town of South Windsor.
Was made by Mayor Anwar
Seconded by Councilor Wagner
The motion was approved, unanimously
I. Resolution Approving 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 $9,059.22, and as more fully described on attached Exhibit D.
Was made by Councilor Mirek
Seconded by Councilor Snyder
The motion was approved, unanimously
J. Budget Presentation: South Windsor Public Library
Ms. Mary Etter, Director of the South Windsor Public Library came before the Town Council to present the budget as shown in attached Exhibit E.
Answering questions from the Council, Ms. Etter explained that the budget increase being proposed is .5%.
K. Budget Presentation: Public Works Department
Mr. Michael Gantick came forward to present their budget, as shown in attached Exhibit F.
ITEM:
14. K. (Continued)
Answering questions from the Council, Mr. Gantick explained that it is important to have some of these positions that are being requested. Public Works maintains the Police Department vehicles, the Human Services buses, the fleet vehicles, help with the Fire Departments service vehicles as well as plows. The Fleet Manager is a very important position. Public Works is underfunded in overtime this year and bringing the Fleet Manager back could save on some overtime. This year there will be no surplus in the Public Works Department. There needs to be a plan for the budget as well as the capital budget. Decisions that were made 4 to 5 years ago have affected us this year.
Councilor Snyder requested that the job descriptions of the requested positions be provided to the Town Council as well as salary requirements.
Mr. Gantick then explained the Assistant to the Public Works position would take over in the Director of Public Works absence and would have other job functions. The Executive Secretary position was eliminated in 2008 after a retirement and was involved in training. The shared position with the Fire Department would be used help them manage their facilities. There are risks if vehicles are not replaced as proposed “Replacement Schedule”. Moving forward with $350,000 per year towards vehicle replacement is very important to be able to do our jobs. Numbers under the Water Pollution Control budget allocates funding to certain accounts between services that may have been done in a different department.
L. Avery Street Reconstruction (Jeff Doolittle, Town Engineer to be present)
Mr. Jeff Doolittle came forward and presented the Avery Street Reconstruction project to the Town Council, as shown in attached Exhibit G.
Answering questions from the Council, Mr. Doolittle explained that a traffic light would be a larger cost and this area does not meet the criteria for a traffic light.
Councilor Wagner stated he is in favor of a roundabout. One concern in part of the project is where residents did not want side on the west side and wanting sidewalks on the east side. I understand that but if you take the
ITEM:
14. L. (Continued)
sidewalk from Woodland Drive all the way down to Kelly Road there would be challenges with the brook.
Mr. Doolittle explained that the sidewalk would be move out so it would be in front of the brook.
Councilor Wagner said there are two residents that share a driveway that go out onto Kelly Road. One could be viewed as a corner lot and the other could be viewed as having frontage on Avery Street, but actually they have woods and they have the brook itself. It would be impossible for either of them to get around to Avery Street and clear the sidewalks as required by the Town. Could anything be done for those two residents?
Mr. Doolittle stated that the Town would be obligated to clear the sidewalk on Avery Street. Mr. Doolittle said he would suggest that the Town clear both of the sidewalks because of the condition of those two lots.
Answering further questions, Mr. Doolittle explained that the benefit of a roundabout at Woodland Drive would be that there is an offset intersection and the streets would not have to be aligned perfectly. The other advantages are that it would make the intersection more safe and efficient. Beelzebub Road would still need to be moved if a roundabout was constructed. It would not be any more challenging for residents to get out of their driveways near the roundabout then it is now.
After a brief discussion, Council members made the decision to hold a public hearing in order to hear the public’s view on the reconstruction of Avery Street.
Councilor Delnicki made a motion to add an Agenda Item (14. P.) to the agenda. And Suspending the Rules in order to go to Item 14. P. Councilor Wagner seconded the motion; and it was approved, unanimously.
ITEM:
14. New Business (Continued)
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Reconstruction of Avery Street
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 21, 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 the Reconstruction of Avery Street.
Was made by Councilor Delnicki
Seconded by Councilor Wagner
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 Delnicki recognized Alex Dube on becoming an Eagle Scout.
20. Adjournment
At 10:41 p.m. Councilor Delnicki made a motion to adjourn the Regular Meeting. Councilor Yagaloff seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
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