TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 June 2, 2014
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Deputy Mayor Havens called the Regular Meeting to order at 7:00 p.m.
4. Roll Call
Members Present: Mayor M. Saud Anwar
Deputy Mayor Edward Havens
Councilor Thomas Delnicki
Councilor Carolyn Mirek
Councilor Liz Pendleton
Councilor Janice Snyder
Councilor Stephen Wagner
Councilor Keith Yagaloff
Members Absent: Councilor Cary Prague
Also Present: Matthew B. Galligan, Town Manager
Kari Olson, Town Attorney
Mayor Anwar recognized the South Windsor High School Girls Basketball Team with certificates for being a part of the CIAC Class LL Finals held at Mohegan Sun Arena on March 22, 2014.
Mayor Anwar then recognized the Boys Swim Team with certificates. The Swim Team was established in 2009 and this was the most successful season that the team has had.
5. Public Input
Mr. Mike Sullivan, 24 Jared Court came before the Town Council and questioned the intent of the resolution regarding the lease/purchase of a new fire truck and if a referenda would be necessary. There are also two resolutions on the agenda tonight dealing with energy. Mr. Sullivan questioned how these resolutions are associated with municipal buildings.
6. Environmental Health & Safety Message
None
ITEM:
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Regular Meeting Minutes of May 19, 2014.
Was made by Councilor Pendleton
Seconded by Councilor Wagner
The motion was approved, unanimously
8. Pubic Petitions
The Council received a petition tonight regarding the roads in the Avery Heights area. The Town Council will have a discussion item regarding this issue at the next Town Council meeting.
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 Committing to Support the Energize South Windsor Initiative
WHEREAS, the Town of South Windsor agrees to collaborate with the Connecticut Department of Energy and Environmental Protection, Connecticut Light & Power and Yankee Gas in a comprehensive energy efficiency initiative (hereinafter referred to as “Energize South Windsor Initiative”); and
WHEREAS, the Town of south Windsor recognizes that the State of Connecticut is a leader in energy efficiency programs and has agreed to lead by example itself in promoting these programs to its residents; and
WHEREAS, the Town of South Windsor pledges to become a Clean Energy Community, thereby committing to reduce its municipal building energy consumption 20% by the year 2018 and voluntarily purchase 20% of its municipal building electricity from clean, renewable energy sources by the year 2018; and
WHEREAS, the Town of South Windsor agrees to provide its support to the above-referenced partners and South Windsor residents by providing information on:
- The Home Energy Solutions program, high-efficiency insulation and HVAC upgrades, and other resources to achieve deeper energy savings in South Windsor residents’ homes.
- Heating fuel choices available to South Windsor residents, such as natural gas, efficient electric and fuel oil equipment options.
- Ways to improve the health and safety of South Windsor residents’ homes.
- Resources available to South Windsor residents to finance their investment in energy efficiency.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
WHEREAS, Connecticut Light & Power and Yankee Gas have already issued a Request for Proposal and solicited competitive bids for providing bulk pricing for insulation for South Windsor residents by pooling customer demand and securing pricing for different tiers of customer participation; and
WHEREAS, starting in June 2014, Connecticut Light & Power and Yankee Gas will issue a “South Windsor resident only” rebate for the installation of high-efficiency insulation of a $1.00 per square foot rebate; and
WHEREAS, the Town of South Windsor will endeavor to work with the above-referenced partners to conduct an outreach campaign between May 15, 2014 and November 30, 2014 to educate South Windsor residents about the Energize South Windsor Initiative; and
WHEREAS, the Town of South Windsor will endeavor to coordinate paving schedules for any natural gas conversion work to reduce/share paving costs
NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor hereby makes its commitment to support the Energize South Windsor Initiative and work with all the above-referenced parties to promote energy efficiency in the community.
Was made by Councilor Mirek
Seconded by Councilor Wagner
Mr. Galligan explained that the last time the Town was involved in a program, the Town reduced its energy consumption by 20%. The Town received a $10,000 grant from C L & P to use towards further reducing energy consumption. In this proposed program, if the Town fails to reduce energy consumption by 20% there is no penalty but the Town would not be entitled to any future grants. This program gives home owners the ability to have someone from C L & P come and review South Windsor residents homes for energy efficiencies. This program allows residents to look for ways to reduce the use of energy.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Ms. Toni Berlandy, a C L & P representative stated that the Town of South Windsor has already become a Clean Energy Community and a lot of residents have done home energy audits.
Councilor Mirek felt that this is a good program which can give residents energy savings.
Ms. Berlandy added that part of the program allows for upgrades to residents HVAC equipment. The Town presently has 136 points in this program towards the grant which is called the Bright Idea Grant. All of the different ways to reduce energy are tracked and points are calculated.
Mayor Anwar stated that this program allows the Town to save on energy costs and gives benefits to residents.
Councilor Delnicki made an Amendment to the resolution, in the third paragraph eliminate “and voluntarily purchase 20% of its municipal building electricity from clean, renewable energy sources by the year 2018” and insert “currently purchases 20% of municipal building electricity from clean, renewable energy sources”. Councilor Delnicki felt that this amendment is needed to recognize that the Town is currently buying 20% of its electricity through the CCM contract.
Council members discussed this amendment with a majority of the Council feeling that this new program is calling for an additional 20% reduction in energy use from this point forward.
Councilor Delnicki withdrew his Amendment and made a different Amendment to the same paragraph to read “to voluntarily purchase an additional 20% of the current clean, renewable energy sources by the year 2018”.
Mr. Galligan explained that in the first program, the Town met its goal. In this next program the Town needs to meet a 20% goal from where the Town is presently, so “an additional” would not be necessary.
Councilor Delnicki felt that a clearly defined target needs to be stated because the Town is already at 20%.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Council members discussed this issue further and felt that the C L & P representative should call her contact to clarify this item. Council members also requested that the starting point be defined.
Council members voted unanimously to postpone this resolution to later in the meeting.
At 7:50 p.m. Mayor Anwar recessed the Regular Meeting in order to recognize the winners of the Patriotic Commission Essay Contest.
Mr. Roger Anderson from the Patriotic Commission along with Mayor Anwar presented certificates to the winners of the Essay Contest. They were as follows:
Kindergarten through 2nd Grade
1st Place: Aashmi Bhatnagar, First Grade, Pleasant Valley Elementary School
2nd Place: Chiara Papa, Second Grade, Wapping Elementary School
3rd Place: Mia Ruiz, Kindergarten, Wapping Elementary School
3rd Grade through 5th Grade
1st Place: Serena Devathala, Fifth Grade, Philip R. Smith Elementary School
2nd Place: Sophie Crane, Fifth Grade, Pleasant Valley Elementary School
3rd Place: Gautam Chasmawala, Fifth Grade, Pleasant Valley Elementary School
At 8:00 p.m. Mayor Anwar recessed the presentation of the winners of the essay contest in order to hold a public hearing. At 8:03 p.m. the presentation of the winners of the essay contest was reconvened.
6th Grade through 8th Grade
1st Place: Rohnak Saxena, Seventh Grade, Timothy Edwards Middle School
2nd Place: Vivian Ngo, Eighth Grade, Timothy Edwards Middle School
3rd Place: Clara Gomes-Ferres, Seventh Grade, Timothy Edwards Middle School
9th Grade through 12th Grade
1st Place: Rohit Makol, Tenth Grade, South Windsor High School
2nd Place: Gabriel Milluzzo, Tenth Grade, South Windsor High School
3rd Place: Bridget Sharos, Eleventh Grade, South Windsor High School
At 8:15 p.m. the Regular Meeting was recessed in order to go to a scheduled public hearing. The Regular Meeting reconvened at 8:25 p.m.
ITEM:
14. New Business (Continued)
Councilor Wagner made a motion to return to Item 14. A. Councilor Yagaloff seconded the motion; and it was approved, unanimously.
14. A. (Continued)
Ms. Berlandy reported that the 20% from TransCanada through CCM will be used as the 20% for clean energy. The starting point would go back to Fiscal Year 2009/2010, so the Town could use any of those years as the base line.
Councilor Delnicki made a friendly amendment to have the third paragraph read as follows:
WHEREAS, the Town of South Windsor continues its pledge to be a Clean Energy Community, thereby committing to reduce its municipal building energy consumption 20% by the year 2018, relative to Fiscal Year 2010 and has already met 20% of its municipal building electricity from clean, renewable energy sources.
Councilor Mirek and Councilor Wagner both accepted the friendly amendment.
Mayor Anwar called for a vote on the amended resolution; it was approved, unanimously.
B. Resolution Approving Commercial Property Assessed Clean Energy (“C-Pace”) Agreement
WHEREAS, Section 157 of Public Act No. 12-2 of the June 12, 2012 Special Session of the Connecticut General Assembly (the “Act”) established a program, known as the Commercial Property Assessed Clean Energy (C-Pace) program, to facilitate loan financing for clean energy improvements to commercial properties by utilizing a state or local assessment mechanism to provide security for repayment of the loans; and
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
WHEREAS, the Act authorizes the Clean Energy Finance and Investment Authority (the “Authority”), a public instrumentally and political subdivision of the State charged with implementing the C-Pace program on behalf of the State, to enter into a written agreement with participating municipalities pursuant to which the municipality may agree to assess, collect, remit and assign, benefit assessments to the Authority in return for energy improvements for benefited property owners within the municipality and for costs reasonably incurred by the municipality in performing such duties; and
WHEREAS, the Commercial Property Assessed Clean Energy (“C-Pace”) Agreement (the “C-Pace Agreement”) between the Town of South Windsor and the Authority constitutes the written agreement authorized by the Act
NOW, THEREFORE, BE IT RESOLVED that, we the South Windsor Town Council, constituting the legislative body of the Town of South Windsor, hereby approves the C-Pace Agreement; and
BE IT FURTHER RESOLVED that Matthew B. Galligan, Town Manager is hereby authorized and directed, on behalf of the Town, to execute and deliver the C-Pace Agreement, in the form approved by the Town Attorney for the purposes provided therein, together with such other documents as he may determine to be necessary and appropriate to evidence, secure and otherwise complete the C-Pace Agreement.
Was made by Councilor Wagner
Seconded by Councilor Pendleton
Answering questions from the Council, Mr. Galligan explained that the idea of this program is to allow businesses in Town to buy solar or acquire a way to save on energy. The Town would send a bill to the companies that participate in this program. There would be two payments per year that would need to be sent out on a loan and if there was a default, the Town would put a lien on the property on behalf of the Authority. The Town will get reimbursed for this service. Under the contract, the Town will get $500.00 up front. For costs that go beyond the $500.00, the Town would be paid the
(Resolution Continued on Next Page)
ITEM:
14. B. (Continued)
actual cost. The Town is indemnified under the contract from any issues on problems. The only thing the Town has to do is collect the money and remit it to the State. Mr. Galligan explained to the Council that this will help the Town with clean energy credits.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
C. Resolution Authorizing Town Manager, Matthew B. Galligan to Sign and Execute Agreements for the Purchase of a New Fire Engine
WHEREAS, the South Windsor Fire Department has developed a Capital Plan for the purchase of various Fire Department vehicles; and
WHEREAS, South Windsor Fire Chief Kevin Cooney, and his staff, have determined that a priority need for the fire safety of South Windsor’s businesses and residences is the purchase of a new Fire Engine with 1500 GPM Pump; and
WHEREAS, the Town of South Windsor appropriately advertised, bid and accepted bids on this vehicle, and the apparent successful bidder has met all of the specifications required by the South Windsor Volunteer Fire Department in order to meet all of the standards, goals and objectives of its Department
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute agreements for the purchase of a new Fire Engine with 1500 GPM Pump in the amount of $826,352.54; and
BE IT FURTHER RESOLVED that in order to acquire such vehicle and related equipment, the Town of South Windsor proposes to enter into a Lease Purchase Agreement with Leasing 2, Inc. and authorizes Town Manger, Matthew B. Galligan to sign and execute the Lease Purchase Agreement for the acquisition of the new Fire Engine, once the Town Attorney has completed his/her review of the documents.
(Resolution Continued on Next Page)
ITEM:
14. C. (Continued)
Was made by Councilor Delnicki
Seconded by Councilor Wagner
Mr. Galligan explained that a previous resolution was passed to allow the purchase/lease of a pumper truck to go out to bid. The bids came in and were reviewed and a bid was accepted. The resolution tonight will allow the Town to lease the pumper truck for 10 years. The life expectancy on this vehicle is 20-24 years.
Answering questions from the Council, Mr. Galligan explained that this is actually a lease to purchase and the cost will not exceed $1 million dollars so a referendum will not be necessary.
Chief Cooney informed the Council that the lease/purchase of this truck will replace a 1988 truck which is 2 ½ years beyond the plans date for replacement. The life expectancy of this vehicle is 20 years of line service and 5 years of reserve service.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
D. Resolution Appointing Town Manager, Matthew B. Galligan to Represent the Town of South Windsor in the Metropolitan District Commission Board of Directors Meetings
WHEREAS, a bill was passed through the Legislation in May of 2014 which allows non-member municipalities to participate in the Board of Directors meetings of the Metropolitan District Commission (MDC)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby appoints Town Manager, Matthew B. Galligan to represent the Town of South Windsor in the Metropolitan District Commission Board of Directors meetings.
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
Was made by Deputy Mayor Havens
Seconded by Mayor Anwar
Councilor Delnicki recused himself from this resolution.
Deputy Mayor Havens felt that the appointment of Mr. Galligan to this Committee is very important. Mr. Galligan may not be able to vote, but his presence will have influence.
Mr. Galligan explained that he will be allowed to participate in Executive Sessions.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
E. Resolution Regarding Compromise of Blight Liens
WHEREAS, the property located at 80 Orchard Hill Road within the Town of South Windsor (the “Property”); currently is in a blighted condition, as defined in Chapter 50 of the Town Code, and has been maintained in that blighted condition for more than a year; and
WHEREAS, the Town previously issued a citation to the Property owner and the Property currently is accruing blight liens in the amount of $100 per day; and
WHEREAS, the Property is subject to a pending foreclosure action and the possibility of a short sale has arisen; and
WHEREAS, the potential buyer has been conditionally approved for a rehabilitation loan to remedy the Property’s blighted condition; and
WHEREAS, the existing blight liens that have accrued exceed $64,000; and
WHEREAS, the potential buyer is unable to obtain financing for the Property unless the blight liens are reduced to $15,000; and
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
WHEREAS, the buyer has provided to the Town proof of a conditional rehabilitation loan and the intent to remedy the blight within one year or sooner from the date of the proposed sale; and
WHEREAS, the sale of the property to this buyer cannot be completed unless and until the existing blight liens are released; and
WHEREAS, after careful consideration, the Town Council finds that it is in the best interests of the Town to compromise the existing blight liens so that the Property may be sold to this proposed buyer and the blight promptly remedied thereby
NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor hereby authorizes a compromise of the existing blight liens on the Property for a payment of $15,000 in conjunction with and conditioned upon the proposed sale and rehabilitation of the property as set forth herein; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to execute a release of all blight liens that have accrued or will accrue on the Property as of the date of the closing for the short sale contemplated herein and upon receipt of the $15,000 payment, otherwise, said liens to remain in full force and effect.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Town Attorney Olson explained that the approval of this resolution reduces the blight lien the potential buyer would pay to $15,000 and reduces the blight liens that have accrued or will accrue until the day of closing. If the property is not remedied one year from the date of closing, the process will begin again. The original $64,000 would not be reinstated if the process started over.
Councilor Yagaloff clarified for the Council that this resolution does not have any waiver of any tax liens. The owner of the property is obliged to pay all of the taxes. Councilor Yagaloff stated he feels this is a good solution for the neighbors, the community and the Town. The Council recognizes that it is important to get blighted properties rehabilitated.
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
Councilor Delnicki stated that he would be supporting this resolution because this is an opportunity to clean this blighted property up.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
F. Discussion Item: Infrastructure Bond
Mr. Galligan presented and reviewed with the Council two scenarios if the Town took out a bond for $10 million dollars or for $15 million dollars for infrastructure, as shown in attached Exhibit A and Exhibit B.
Answering questions from the Council, Mr. Galligan explained that on page 3 in the first column, the general fund CWF debt service includes the Town’s existing debt and the clean water fund. The list of priorities that would be completed with the funds would be something that Capital Projects Committee would discuss. Most of the projects that would be done are road reconstruction and drainage projects. The area of Avery Heights would cost the Town approximately $5 million dollars. After a priority list is established, things could happen that would change the list. To fix all of the streets in Town it would cost approximately $40 million dollars.
Mayor Anwar requested that Mike Gantick be at the next Town Council meeting to discuss the conditions of the roads, the draft priority list and to talk with the Avery Heights community. This will help the Town Council determine how much should be bonded for these items. Mr. Galligan added that once a better list of priorities is established, he would be able to better determine the best debt schedule. Mr. Galligan then stated that he feels $10 million dollars to $12 million dollars would be a reasonable request to go to referendum.
Deputy Mayor Havens stated that if the referendum is successful with a price tag between $10 million dollars to $12 million dollars, those funds should be used to do improvements throughout the Town.
ITEM:
14. New Business (Continued)
G. Resolution Approving a Refund of Taxes to Eight (8) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to eight (8) South Windsor Taxpayers, the total of said refund being $8,425.38, and as more fully described on attached Exhibit C.
Was made by Councilor Pendleton
Seconded by Councilor Delnicki
Answering questions from the Council, Mr. Galligan explained that the delinquent tax of $6,215.68 to Town Center of South Windsor, LLC is for the Stop & Shop addition.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
15. Passage of Ordinance
A. Resolution Adopting the Proposed Amendment to the South Windsor Code of Ordinances, Chapter 74 – Parks and Recreation – Article II. Commission, Section 74-31, Established, Terms
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to the South Windsor Code of Ordinances, Chapter 74 – Parks and Recreation – Article II. Commission, Section 74-31, Established, Terms
Was made by Councilor Delnicki
Seconded by Councilor Wagner
Councilor Delnicki explained that this change to Chapter 74, Section 74-31 is due to an oversight in a change that was made to the Ordinance previously where the membership was mistakenly changed from 10 members to 9 members. Councilor Delnicki stated he would be supporting this.
(Resolution Continued on Next Page)
ITEM:
15. Passage of Ordinance (Continued)
Councilor Wagner explained further that when an Ordinance was passed, it is set aside in a separate area on the Town’s website and later is incorporated into the Book of Ordinances. When this Ordinance was pulled out to make changes to it, it was not reflected in the Ordinance yet and therefore was not approved with the appropriate membership. There should not be any concern in regards to having this Board with an even number of members because under Roberts Rules of Order, if you have 10 members you need 6 votes to pass something.
Mayor Anwar called for a vote on the resolution; it passed, unanimously.
B. Resolution Adopting the Proposed Amendment to the South Windsor Code of Ordinances, Chapter 26 – Civil Emergencies – Article I. In General, Article II. Civil Preparedness Director, Article III. Civil Preparedness Agency, and Article IV. Advisory Council
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to the South Windsor Code of Ordinances, Chapter 26 – Civil Emergencies – Article I. In General, Article II. Civil Preparedness Director, Article III. Civil Preparedness Agency, and Article IV. Advisory Council
Was made by Councilor Yagaloff
Seconded by Mayor Anwar
Councilor Yagaloff explained that the current Town Ordinance is very general and doesn’t have good specifics on how things operate in the time of an emergency. It doesn’t define the responsibilities of the Town Manager, Civil Preparedness Director, Civil Preparedness Agency, the Advisory Council and doesn’t incorporate the volunteers in the Community Emergency Response Team that will be participating in the Civil Preparedness plan.
Mayor Anwar stated that a lot of work has gone into this Ordinance.
Mayor Anwar called for a vote on the resolution; it was approved, unanimously.
ITEM:
16. Communications and Reports from the Town Manger
Mr. Galligan reported on the following:
- The Town will be advertising for an Economic Development Coordinator position.
- A new EMS plan will be established and sent to the State.
- The Planning & Zoning Commission will be having public hearings for changes they are proposing to Section 10 – Route 5 and Section 9 – South Windsor Center.
Mayor Anwar felt that the Town Council should hold a public hearing on the changes that the Planning & Zoning Commission are proposing because the Planning & Zoning Commission meetings are not televised to inform a broader audience. Mayor Anwar also felt that the Town will need a contract with ASM to establish the Town’s expectations.
Answering questions from the Council, Mr. Galligan explained that all money available to the Town through FEMA and the State because of Storm Sandy and Storm Irene have been collected. The issues at Company 3 Firehouse will need to be discussed with the Public Building Commission. Mr. Happ Fitts is pulling those files together and will report back to the Town Council. Mr. Galligan then stated that he will talk to the Finance Department to discuss a way for people in the community to have a direct deposit on a monthly basis into the South Windsor Food Bank.
17. Public Input
None
18. Communications and Petitions from Council
Councilor Delnicki informed the Council and the public that the Farmers Market will be opening on June 21, 2014 at the South Windsor Community Center.
Mayor Anwar thanked the South Windsor Patriotic Commission for the Memorial Day parade. This morning there was the opening of the Town’s fleet of bicycles. This program has helped educate young children in our school system about
(Discussions Continued on Next Page)
ITEM:
18. Communications and Petitions from Council (Continued)
bicycle safety. Having our own fleet of bikes will also help the Town to educate
others in the community. Mayor Anwar announced that Connecticut Trail Days is being held on June 8, 2014 from 1:00 p.m. to 4:00 p.m. at Lawrence Road Park. Mr. Dennis Sheridan who is the Director of Human Services will be retiring. A retirement party is being held on June 16, 2014 from 3:30 p.m. to 5:30 p.m. at the Community Center.
19. Executive Session
At 9:43 p.m. Councilor Delnicki made a motion to go into Executive Session for discussion of strategy and negotiations with respect tot pending claims or pending litigation and for a personnel issue. Councilor Pendleton seconded the motion; and it was approved, unanimously.
Individuals invited into Executive Session: Mayor Anwar, Deputy Mayor Havens, Councilors Delnicki, Mirek, Pendleton, Snyder, Wagner, Yagaloff, Town Manager Matthew B. Galligan, Town Attorney Kari Olson and Town Attorney Mike Markowitz.
At 10:40 p.m. Councilor Delnicki made a motion to adjourn the Executive Session. Councilor Wagner seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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