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
Deputy Mayor Edward Havens
Councilor Thomas Delnicki
Councilor Liz Pendleton
Councilor Cary Prague
Councilor Janice Snyder
Councilor Stephen Wagner
Members Absent: Councilor Carolyn Mirek
Also Present: Matthew B. Galligan, Town Manager
Keith Yagaloff, Town Attorney
After Roll Call was complete, proclamations were presented to Jaime Krawjewski, Recreation Supervisor; Kelly Wentworth, Lifeguard; Alexandra Jones, Lifeguard; Brandyn Lucca, Lifeguard; and Jen Givers, Lifeguard who helped save a life at the pool at Veterans Memorial Park.
Mayor Anwar recognized all of the emergency personnel who responded to a fire in South Windsor this past weekend at a condominium complex. The timely response helped save lives of residents in the condominium.
Mayor Anwar then read a proclamation into the record for Declaration for the Rights to Libraries.
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and expressed concern regarding a legal notice published in the newspaper. The legal notice did not give any information to inform the public exactly what the change is to the South Windsor Code of Ordinances. Mr. Gonsalves stated he would be opposing this amendment and feels the publication should be reposted in the newspaper explaining the amendment.
ITEM:
5. Public Input (Continued)
Chief Kevin Cooney, from the South Windsor Volunteer Fire Department came forward to discuss the fire that took place on Saturday morning. Chief Cooney expressed appreciation of the actions of all who responded to this emergency and also expressed concern for the residents who were affected by the fire.
Mr. Jim Mazzatto, 265 Benedict Drive reminded the Town Council that Benedict Drive and surrounding roads are in bad shape.
6. Environmental Health & Safety Message
Councilor Wagner explained that there are a number of activities going on with respect to energy efficiencies. These programs will help protect the environment by reducing electricity use and use of other fuels. Councilor Wagner encouraged residents to review the program.
7. Adoption of Minute of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session Minutes (with the Board of Education) of April 2, 2014; Special Meeting Minutes of July 7, 2014; and Regular Meeting Minutes of July 7, 2014.
Was made by Councilor Snyder
Seconded by Councilor Pendleton
The motion was approved, unanimously
8. Public Petitions
Mayor Anwar stated that the Town Council members have had previous discussions regarding the roads in the Benedict Drive area that are in bad shape. The Town Council has reviewed a long term strategy which would include an infrastructure bond. It is hopeful that a referendum will be held in November.
9. Communications from Officers and Boards Directly Responsible to Council
None
ITEM:
10. Reports from Standing Committees
Mayor Anwar stated that the South Windsor Agriculture, Arts and Nature Center Committee have met a couple of times. Mr. Andy Paterna came forwarded and explained further that the Committee went and visited Northwest Park in Windsor as a group. Northwest Park was established 40 years ago. They have community gardens, farm museums and day camp programs for kids. This tour gave the Committee a chance to see what the potential of the Priest Farm could be. Committee will be visiting approximately six more community farms in Connecticut.
Councilor Wagner explained that the Energy Committee has met once and will be working with the Town Manager and Town staff to prepare an application for Solarize Connecticut, Phase 5.
11. Reports of Temporary Committees
None
12. Consent Agenda
None
13. Unfinished Business
None
14. New Business
A. Resolution Accepting the Resignation of Keith Yagaloff (D) from the Town Council
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Keith Yagaloff (D) from the Town Council, said resignation effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Keith Yagaloff for the time he has dedicated to serving his community by his membership on the Town Council and welcomes him as the new Town Attorney.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Was made by Deputy Mayor Havens
Seconded by Councilor Pendleton
Deputy Mayor Havens stated he will miss Keith on the Town Council but feels he will do a great job as the Town Attorney.
Councilor Delnicki said it will be a different Town Council without Keith Yagaloff. Keith has a level head and Councilor Delnicki wished Keith luck with his new position as Town Attorney.
Mayor Anwar thanked Murtha Cullina for their hard work and dedication to the Town of South Windsor while serving as Town Attorney. Mayor Anwar stated that the Council will miss Keith for his experience and wished Keith luck in his new position.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
B. Resolution Supporting the Design of Roadway Improvements for Avery Street from Kelly Road to North of Woodland Drive
WHEREAS, the Town of South Windsor was awarded Federal and State funding under the Surface Transportation Program (STP-Urban) for roadway improvements along Avery Street (from Kelly Road to north of Woodland Drive); and
WHEREAS, the South Windsor Town Council seeks to accomplish roadway improvements along Avery Street with the best geometrical alignment and provide facilities for pedestrians within the existing ROW, keeping impacts to the abutting property owners to a minimum; and
WHEREAS, alternative layouts for improvements to Avery Street have been discussed at least at four public meetings in the last year and public input has helped develop a preliminary design for this project that includes sidewalks on the east side of Avery Street and the realignment of Beelzebub Road with Avery Street and Woodland Drive with a 4-way stop to provide traffic control at this intersection; and
(Resolution Continued Next Page)
ITEM:
14. B. (Continued)
WHEREAS, a public information meeting was held on July 1, 2014 to receive input from property-owners and the public concerning the preliminary design of improvements to this section of Avery Street
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby reaffirms the need to said project and supports the design of improvements along Avery Street from Kelly Road to north of Woodland Drive as presented and described above and directs the Engineering Division to proceed to final design and permitting of these improvements for this project.
Was made by Deputy Mayor Havens
Seconded by Councilor Wagner
Mr. Doolittle, Town Engineer came forward and stated that there have been no changes since the last time this project was discussed. There was a formal public hearing on July 1, 2014 and then a 15 day public comment period.
Answering questions from the Council, Mr. Doolittle explained that the source of the funding is through federal funds and the Town will pay 10% of the cost of the project. The schedule is to go out to bid for construction in the summer of 2015 and with any luck work will begin in the fall of 2015.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
C. Resolution Authorizing the Sale or Disposal of Surplus Equipment
BE IT RESOLVED that the South Windsor Town Council hereby declares the following equipment to be “surplus equipment” and authorizes Town Manager, Matthew B. Galligan to sell or otherwise dispose of the following:
Hobart H600 60-quart floor mixer, serial number 1412344
Was made by Councilor Wagner
Seconded by Councilor Pendleton
(Resolution Continued on Next Page)
ITEM:
14. C. (Continued)
Mr. Galligan explained that this it an item that came from the Board of Education. Any item over $100.00 should go out for Council approval to be declared surplus. The Board of Education wishes to donate this item but this item will have to go out to public auction or public advertisement.
Councilor Prague stated that he is opposed to donating this item to anyone because there is no guard which means there could be a liability situation and also this item has a lot of value.
Councilor Snyder informed the Council that the State of Connecticut, Department of Administrative Services runs the Public Property Distribution Center where all Municipalities can put items on the website for sale which goes all over the world.
Councilor Delnicki questioned if the Town is allowed to use EBay for a conduit for selling surplus equipment? Town Attorney Yagaloff answered that he does not believe it is a requirement that it gets published in a newspaper. Items can not be given away for free though.
Councilor Pendleton questioned if this item does not sell would the Town have the ability to have the non-profit buy the item for $10.00 as is? Town Attorney Keith Yagaloff stated that the “as is” a good idea in terms of liability issues, but the $10.00 is a problem because it is supposed to be open for the public. If the item doesn’t sell then the Council can look to do resolution to do a donation in lieu of destroying it.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
D. Resolution Approving a Refund of Taxes to Fourteen (14) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to fourteen (14) South Windsor Taxpayers, the total of said refund being $2,529.84, and as more fully described on attached Exhibit A.
Was made by Councilor Delnicki
Seconded by Mayor Anwar
Motion was approved, unanimously
ITEM:
14. New Business (Continued)
Councilor Delnicki made a motion to Suspend the Rules and Add Agenda Item 14. F.; and take that Agenda Item out of order. Mayor Anwar seconded the motion; and it was approved, unanimously.
F. Resolution Approving a Refund of Taxes to One (1) South Windsor Taxpayer
BE IT RESOLVED that the South Windsor Town council hereby approves a refund of property taxes to one (1) South Windsor Taxpayer, and as more fully described on attached Exhibit C.
Was made by Councilor Delnicki
Seconded by Councilor Pendleton
The motion was approved, unanimously
- Discussion Item: Vacant Space at the Fire Department, Company 3
Mr. Galligan stated that he received an email from Bond Counsel explaining that the Space Needs Assessment Report indicates that 18,290 square feet or 80% of the facility would be used by the Volunteer Fire Department and 4,590 square feet or 20% of the facility would be used by the Ambulance Corps. Mr. Galligan felt that after reading the email, the facility should only be used by the Fire Department and/or the replacement of the Ambulance. No other Town purposes should be allowed unless a new referendum is held.
Answering questions from the Council, Mr. Galligan explained that based on the documents that the Bond Counsel has the Fire Department and Ambulance Service can occupy the space at Fire Department, Company 3. The Fire Marshal could also be housed there because that is fire prevention. The Police Department would not be able to use space at the Fire Department. ASM who is the Town’s current ALS and BLC provider has expressed no interest in using space at Company 3.
Councilor Delnicki requested that the Council receive a legal opinion in writing.
(Discussion Continued on Next Page)
ITEM:
14. E. (Continued)
Mr. Galligan suggested that a Space Needs Committee be established to review the best use of the space at the Fire Department, Company 3.
Fire Chief Kevin Cooney came before the Council and explained that the Fire Department has made a proposal to the Town Manger and Town Council based upon the Fire Departments needs. The proposal included the Fire Marshal’s Office. The Fire Department has a huge issue with storage and would like the Town Council to consider the proposal.
Mr. Galligan explained further that currently the Fire Marshal’s Office is located in Town Hall and the Deputies are at the Fire Department, Company 1.
Councilor Snyder agreed that a Space Needs Committee should be established to determine what would be the best use of the space at Company 3.
Councilor Pendleton stated she would like to see the legal opinion and also agreed that a Space Needs Committee should be established. Councilor Pendleton then requested that she be able to sit on the Committee.
Answering questions from the Council, Fire Chief Cooney stated that the new fire truck is in East Hartford at the service center. After a final inspection of the truck is complete, the fire truck will be brought to South Windsor. The truck should be in service by September.
At 8:00 p.m. the Regular Meeting was recessed in order to hold a public hearing. The Regular Meeting reconvened at 8:09 p.m.
ITEM:
15. Passage of Ordinance
A. Resolution Adopting An Amendment to Section 2-526 of the Code of Ordinances of the Town of South Windsor Concerning the “Director, Officers and Other Personnel of the Department of Finance.”
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Amendment to Section 2-526 of the Code of Ordinances of the Town of South Windsor concerning the “Director, Officers and Other Personnel of the Department of Finance”, as shown in attached Exhibit B.
Was made by Councilor Pendleton
Seconded by Councilor Prague
Mayor Anwar felt that information should be provided on the website to give the public more information regarding the proposed changes in an Ordinance.
Town Attorney Keith Yagaloff explained that this is an Ordinance and unlike a resolution does not explain why you are doing something. The positions in the Finance Department are determined by Ordinance other than the Director of Finance. The Town does not want to have a lot of language in the Ordinance explaining the public policy of why this is being done. In the future maybe the resolution itself could have greater explanation of what is changing, but the Ordinance should be limited to the change in the position because that is what the Charter allows for. The Ordinance was done properly but the information could have been placed in the resolution.
Councilor Wagner explained that the Town is replacing two Staff Accountants with an Accounts Payable Accountant and a Cash Receipts-General Ledger Accountant and that wording appears twice in the section of the Code of Ordinances.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
16. Communications and Reports from the Town Manger
Mr. Galligan explained that dck has decided to go forward with the original sight plan for the Connecticut Studios project. There are four budget numbers on different ways to how to build the proposed buildings. They have also interviewed nine people that do movies. Mr. Galligan explained there have been conversations on all the different things that need to be done to move this project forward and dck has been hiring the right people to keep the project moving. The fuel cell energy is still in and they are talking about helping dck by financing the fuel cell on their own to make this project work.
Answering questions from the Council, Mr. Galligan explained that he received notice today about a company in South Korea purchasing Clear Edge. Mr. Galligan stated that he has a meeting on Thursday with the CEO of Doosan. There is a strong chance that they will stay in South Windsor.
At 8:15 p.m. the Regular Meeting recessed in order to call the public hearing to order. The Regular Meeting reconvened at 8:41 p.m.
South Windsor Plan of Conservation and Development
Mr. Chalder from Planimetrics felt that the changes to the plan create higher and better uses then what are there today. The properties that are most challenging are the one across from the Town Hall because they are shallow and small. There may be opportunities and incentives for those properties to combine their properties and try to create new opportunities. There may be more opportunities with regulations that exist today.
Council members discussed the proposed hotel at Evergreen Walk. Ms. Lipe who is the Director of Planning explained that Evergreen Walk, LLC recently came back to the Planning & Zoning Commission with architectural changes to the exterior based on a new developer that is looking at the project. They are reducing the size of the buildings slightly, but the scope of the project of 200 units will remain the same. The buildings are four stories with central hallways, an elevator and all of the amenities still in tact.
Deputy Mayor Havens felt that a Town Center would add to the community and should be a priority. The Council should support this effort.
(Discussion Continued on Next Page)
ITEM:
16. Communications and Reports from the Town Manger (Continued)
Councilor Wagner stated that he strongly supports this concept of the creation of a Town Center.
Answering questions from the Council, Mr. Galligan explained that the Town would look to create a special tax district. Property owners would have the option to join the special tax district and then the special tax district would decide as a group what projects they would like to move forward with. For a special tax district, bonds could be floated with rates at 2% to 2 ½%.
Councilor Snyder felt that the plan was well thought out and would create a lot of economic development.
Mr. Chalder explained that in the center court area of this plan there is a minimum building height requirement of 2 stories. The Committee can approve a one-story building under special circumstances. The maximum building height is 45 feet or 3 ½ stories. The existing building would be considered non-confirming but are allowed to remain. The parking ratio in a mixed use center such as being proposed with shared consolidated parcels is 3 parking spaces per thousand square feet.
Councilor Delnicki said he would support the Council going forward and endorsing this because it is a good opportunity to have a Town Center. Councilor Delnicki voiced concern that changes may happen in the future that may change the plans.
Ms. Lipe told the Council that the Planning & Zoning Commission has scheduled a public hearing on August 19th. The Council may pass a resolution that could be read into the record on the 19th. Council members discussed the ability to have a resolution showing support from the Town Council. It was decided that a resolution would be put on the agenda for the September 2, 2014 Town Council meeting.
(Discussion Continued on Next Page)
ITEM:
16. Communications and Reports from the Town Manger (Continued)
Mr. Galligan informed the Council that the EOC project would cost $1.7 millions dollars, not $2.7 million dollars as stated tonight. The Town has received a STEAP grant in the amount of $500,000 and has applied for an additional amount of $500,000 through another STEAP grant. The EOC is 4,000 square feet and the plans were done by Lawrence Associates. The Council was given a packet on the project.
Mayor Anwar stated that this issue is critical and the Town needs to be better prepared if a larger natural disaster arises.
Mr. Galligan explained further that this building was chosen for the EOC because there are gas lines that run in front of it as well as other utilities that can be accessed. There is also fiber optics that this building could hook up to.
Mr. Galligan stated that he went to the Board of Education meeting on July 8, 2014 and the Board of Education voted that they would like to move forward with discussions with the Town on the creation of a turf field at the High School. Mr. Galligan stated further that there was a lot of criticism towards the Town Council and he does not know if he is comfortable recommending moving forward.
Mayor Anwar said that the Council is unified on this issue and he would like to see it move forward.
Answering questions from the Council, Mr. Galligan explained that the softball field on Ayers Road is not in violation of Title 9 for the Town’s recreation program but the High School uses that field for the Girls Softball and that is where the violation of Title 9 comes in. There are mechanisms being worked on to fund the reconfiguration of the field.
Councilor Pendleton requested a copy of the minutes of the Board of Education Meeting held on July 8, 2014.
Councilor Wagner explained that in this months Town Council packet the Town Council received a print out of the entire Fiscal Year 2013/2014. Every department came in under budget. The Town also managed to get through the year without taking $400,000 from the Fund Balance that was planned in the budget. Mr. Galligan stated that the report is preliminary and adjustments will happen to
(Discussion Continued on Next Page)
ITEM:
16. Communications and Reports from the Town Manger (Continued)
rebalance accounts between departments. Current taxes were 99% collected. The Town usually collects 98.5% which is the goal. What happens in the calculations of the tax rate is the Town discounts the assessments and only takes 98.5% of that assessment to calculate the mill rate. The Town could budget the full amount but then the Town would have to have a budget somewhere (Allocations for Uncollectiles). Mr. Galligan reviewed other figures in the budget.
Councilor Delnicki said that he is hearing from people who do not think there is any credibility in the Connecticut Studios project. DCK needs to do something to show some level of credibility in this project.
Mr. Galligan explained that the Power Purchase Agreement is expected to expire in October and he has talked to Fuel Cell Energy about this. They feel if dck meets the August deadline they will be able to meet the requirement. Mr. Aman is having a Legislative Aid research the studio tax credits. Mr. Galligan stated he would have more information on taxes to the Town.
Deputy Mayor Havens stated he is losing confidence in this project and something has to happen soon.
Mr. Galligan explained that his goal is to make sure the Town is in the best position that it needs to be in whether this happens or not.
Mayor Anwar mentioned that this project has real dollars that would be generated as well as jobs that will be created. Investment of our time and efforts will allow the Town to achieve this project or a similar project of this capacity. Mayor Anwar also stated that the Town Council and Board of Education will need to work together regarding the softball field and turf field needs.
Town Attorney Keith Yagaloff informed the Council that Craig Stevenson who was one of the contractors that was doing work for the old Connecticut Studios claims that he is owed over $130,000 and has filed a mechanics lien on the Connecticut Studios land. The Town needs to review to see if dck should be resolving this or whether the Town needs to intervene on this issue.
ITEM:
17. Public Input
Mr. Matt Riley, 12 Heatherwood Drive requested the packet that the Council had received regarding the EOC be sent to him. The 2013 STEAP grant application indicates that the cost of the project is $1.2 million dollars and the second STEAP grant application indicates that the cost of the project is $1.7 million dollars. Mr. Riley stated he would like to understand the details behind the increase. In January of 2014 after the Council voted on the 2014 STEAP grant application there was a cost of $2.2 million dollars as being the current estimate. Additionally Mr. Riley stated he received a schematic that showed 1,200 square feet being allocated for the EOC.
Mr. Galligan questioned why Mr. Riley never came directly to him for any information. The information provided to Mr. Riley is all preliminary information that goes back over two years. Mr. Galligan stated that he is upset that individuals are going to the Governor’s Office trying to kill the EOC project.
Mr. Riley felt it is important that the taxpayers of South Windsor understand the cost that they are gong to bear under this project.
18. Communications and Petitions from Council
None
19. Executive Session
At 9:49 p.m. Councilor Delnicki made a motion to go into Executive Session to discuss one 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 C.G.S. §1-210(b)(1) and §1-210(b)(5)(B). Councilor Wagner seconded the motion; and it was approved, unanimously.
The following individuals went into Executive Session: Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton, Councilor Prague, Councilor Snyder, Councilor Wagner, Town Attorney Keith Yagaloff and Town Manager Matthew Galligan.
ITEM:
19. Executive Session
At 10:15 p.m. Councilor Delnicki made a motion to adjourn Executive Session. Councilor Pendleton seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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