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Town Council Regular Meeting Minutes 9/15/2014
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  September 15, 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
        Deputy Mayor Edward Havens
        Councilor Thomas Delnicki
        Councilor Liz Pendleton
        Councilor Carolyn Mirek
        Councilor Janice Snyder
        Councilor Stephen Wagner

Members Absent: Councilor Cary Prague

Also Present:           Matthew B. Galligan, Town Manager
                                Keith Yagaloff, Town Attorney

5.      Public Input

Mr. Robert Dickinson, 19 Birch Road came before the Town Council and suggested that the Town have WiFi available in the Town Council Chambers to reduce the amount of paper that is used for the agenda and supporting documents.  

Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated that as a taxpayer he would like to know who is running the Finance Department in the Town of South Windsor.  The Director of Finance is in the process of suing the Town.  The accounting in the Town is screwed up.  Mr. Gonsalves explained that he has asked for over one year about $1M in the Water Pollution budget that no one can find.  There is a discussion on the agenda tonight for the contract negotiation for Water Pollution employees.  Mr. Gonsalves stated he has asked this Council and others in the past to have a meeting regarding pension and health care for the Town of South Windsor.  The State has reduced the benefits for the State workers and if they can do it, the Town should be able to do it.  The pension and health care are very high in the budget.  CCM just had a meeting and what they said in effect is in the State of Connecticut property taxes are too high and something needs to be done about it.



5.      Public Input (Continued)

Mr. Roy Normen, 159 Homestead Drive came forward and addressed the Town Council, as shown in attached Exhibit A.

Mr. Kevin McCann, 170 Lisa Drive stated that over the past few weeks people have asked him why he is making such a big issue about this appointment of the Town Attorney.  The way that the appointment came about is in violation of the Town’s Charter.  The Town Charter is in effect the Constitution of our Town and is very important.  It governs actions today as well as actions in the future.  There are two conflicting legal opinions interpreting the Town Charter.  Attorney Cummings has given the opinion that the term that you are elected is a two-year term and you have Attorney Panico who focused on Section 202 of the Charter stating that your term ends when your successor is qualified and seated.  That Section simply avoids a gap when you have terms that don’t quite mesh with each other.  Attorney Panico should have looked at Section 204 of the Charter which says at each bi-annual election the voters of the Town shall elect nine Councilors to serve for a two-year term.  That is the term of office that you are elected.  That two-year term continues until two-years after you are elected, even if you don’t serve the full two-years and are replaced with someone else who carries out your unexpired term.  There are two conflicting legal opinions and the Town needs a ruling from an unbiased attorney.

Mr. David Joy, 100 Bramblebrae came forward to speak as a former member of the Capital Projects Committee.  Mr. Joy stated that the Town Council will be discussing a STEAP grant application for an Emergency Operation Center and a Small Business Center.  Mr. Joy requested that the following questions be answered:

  • Why has the cost of the project grown to more than $1.7 million dollars?  
  •  What will the business center accomplish?  How will it operate and what Town resources will be required?  What technology will growing businesses have in the business center that is not already available to them as home based start ups?  Where is this located in the plan?  If the EOC workstations are going to be used for the business center, what will happen to these businesses in the event that the EOC is activated?
  • How does our approach to an EOC compare to other Towns?  Do other Towns have dedicated space?  Do they have a similar amount of space?  Were they able to build their space for less?  If they were able to build for less, how did they do that?


ITEM:

5.      Public Input (Continued)

  • Why does and EOC need to have dedicated space?  What has happened to the idea of the fiber optics being used to help create a virtual EOC in the event of an emergency where parties in multiple locations could communicate effectively about disaster management without being in the same building?
  • Why does a suitable EOC plan require a nearly $2 million dollar plus build out when the Gap Funding Source beyond STEAP grants has not been identified by the Council, let alone been discussed by the Capital Projects Committee?
  • When you look at the planning documents for the recent Plan of Conservation and Development, community leaders and citizens were surveyed about their perception of the greatest needs in Town and the greatest needs were identified as updated schools, expansion and modernization of the Police Department, Parks & Recreation and the Senior Center.  Why is there no discussion of the Police Department needs?  Isn’t the Police Department a more logical place for non-public space to create a secure EOC?  That space could be used when the EOC is not activated which is probably 99% of the time.
Mr. Joy stated he is not against an EOC but feels this is something the Town should use critical thinking, do their homework, ask good questions, require complete answers and do what is prudent and cost effective for South Windsor.

6.      Environmental Health & Safety Message

None

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:  Special Meeting Minutes of August 28, 2014.

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

8.      Public Petitions

None

ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council

Councilor Wagner stated he was quoted correctly in the newspaper for saying that the Open Space Task Force was out of funds and he had not properly stated what was going on.  Councilor Wagner clarified the record that the Open Space Task Force had more than $3 million dollars that has been allocated in various referendums that are still available to them.  Councilor Wagner explained that he was referring to the need for a solar project to provide funds that they could use for special projects within the Open Space area.

10.     Reports from Standing Committees

None

11.     Reports of Temporary Committees

None

12.     Consent Agenda

None

13.     Unfinished Business

None

14.     New Business

A.      Presentation of the South Windsor Plan of Conservation & Development (changes to Chapter 10, Route 5)

Ms. Michele Lipe, Director of Planning came before the Town Council.  Ms. Lipe explained that the Council should have the new adopted Chapter 10, as shown in attached Exhibit B.  The proposed changes that were originally adopted is the area that is being discussed is the northern section of Route 5.  There are approximately fifteen or so properties in that area.  The current zoning is residential zoning which does not have much flexibility.  The Planning & Zoning Commission built into the 2013 plan a statement about creating a world transition zone.  The idea was to eventually draft regulations that would allow a little more flexibility for residents in that area.  After the plan was adopted, the Commission was approach by residents that have a specific development proposal and would like to go forward with.  The

ITEM:

14.     A.      (Continued)

Commission entertained a petition by the residents and crafted wording which opens the door for more types of uses to be proposed in that area.  It is hopeful to establish regulations in the future which will allow the residents in this area to take advantage of the traffic that is in that area and still maintain the rural flavor that is out there.  This is an area where there will not be huge growth, but will see some economic activity.

Mayor Anwar stated that this will allow the businesses to use this area to create more jobs and help preserve the character of South Windsor.

B.      Resolution Concerning the Appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney

WHEREAS, the Town Council approved a motion on July 7, 2014 to appoint the Law Office of Keith Yagaloff & Associates as Town Attorney for the Town of South Windsor; and

WHEREAS, the Town Council inadvertently did not postpone consideration of said motion until the next regularly scheduled meeting, pursuant to the Town Council Rules; and

WHEREAS, the appointment was consistent with the Town Charter; and

WHEREAS, the Town Council wishes to make such appointment consistent with its rules

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council appoints the Law Offices of Keith Yagaloff & Associates to the position of Town Attorney for the Town of South Windsor, in accordance with Chapter 5, Section 501 of the Town Charter; and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner

Councilor Delnicki explained that at this point he will not be supporting this resolution due to the opinion of Attorney Hal Cummings as well as there being communications between Attorney Yagaloff and Robinson and Cole when the Council had requested an opinion from Robinson and Cole.

ITEM:

14.     B.      (Continued)

Councilor Snyder stated that during the hiring process, the selection of Keith Yagaloff & Associates was not the highest scoring, nor the least expensive nor the most qualified applicant for this position.  The Personnel Committee had agreed that the highest scoring, least expensive and most qualified firm was Rome McGuigan, P.C. and that they would be most likely recommended.  Two days later in an agenda meeting, Mayor Anwar and Councilor Wagner stated they were supporting Keith Yagaloff.  Councilor Snyder stated that her concern is that the Personnel Committee did not select the highest scoring, least expensive and most qualified candidate from the RFP.  When the Council requested an opinion from Robinson and Cole after receiving a legal opinion from Attorney Cummings, there was ex parte communications between Keith Yagaloff and Robinson and Cole.  Attorney Panico made a ruling on interpretation of our Town Charter.  

Mayor Anwar questioned Councilor Snyder if she said that Rome McGuigan, P.C. was the least expensive?  Councilor Snyder explained that of the six applicants that rose to the top that the Personnel Committee interviewed, Rome McGuigan was the least expensive.

Mayor Anwar then stated that the Personnel Committee decided that the people that scored the highest and vote on the three top?  Councilor Snyder said yes.

Councilor Snyder stated that the highest scoring attorney was Rome McGuigan with a score of 88.  Yagaloff & Associates scored 87.5 and the lowest score was 58.

Mayor Anwar stated that the top three were the ones that the Personnel Committee wanted to have discussions regarding.  It is not fair to say that the highest scoring applicant was the one who was going to be hired.  Rome McGuigan stated that they would not attend the Town Council meetings.  Councilor Snyder stated that Attorney Yagaloff stated he would attend Town Council meetings at no cost and that is not in his contract.  Rome McGuigan stated they would not attend Town Council meetings unless asked to.  Mayor Anwar felt it is important for the Town Attorney to attend Council meetings.  Councilor Snyder said that she does not feel it is important for the Town Attorney to attend each meeting unless they are requested to attend.  In reviewing the contract there are concerns such as outsourcing items and the cost to do that.  

ITEM:

14.     B.      (Continued)

Mr. Galligan explained that Murtha Cullina had a Labor Department but the Town also used others who were involved in prior cases.  Mr. Galligan then explained that there was an issue with a former attorney from Rome McGuigan.

Councilor Snyder felt it was wrong fro the attorney being appointed to the Town Attorney position to have any communications with the attorney the Town council hired to do an independent review regarding the appointment of the Town Attorney.

Mayor Anwar corrected a statement made by Councilor Snyder when she said that the Personnel Committee discussed the appointment of the Town Attorney in an agenda meeting.  Mayor Anwar explained that the Personnel Committee met after the agenda meeting to discuss the appointment.

Councilor Wagner explained the scoring system used by the Personnel Committee.  Such a system is useful but is not the final selection.  There were other factors taken into consideration.  Councilor Wagner also stated he saw nothing wrong with the communication between the Attorney Yagaloff and the Bond Counsel.  

Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 5 to 3 with Mayor Anwar, Deputy Mayor Havens, Councilor Paterna, Councilor Pendleton and Councilor Wagner voting in favor of the motion; and Councilor Delnicki, Councilor Mirek and Councilor Snyder voting in opposition of the motion.

C.      Motion to Renew the Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex

Was made by Councilor Delnicki
Seconded by Councilor Pendleton

Councilor Wagner made a friendly amendment to say “Renewing the Motion for the Resolution Authorizing”.  Councilor Delnicki accepted the friendly amendment.

Councilor Delnicki stated he feels the EOC is important to the community.  This will make use of the Old Post Office.


ITEM:

14.     C.      (Continued)

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

The resolution to read as follows:

Renewing the Motion for the Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex

At 8:00 p.m. the Regular Meeting was recessed in order to call the Public Hearing to order.  The Regular Meeting reconvened at 8:11 p.m.

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

H.      Resolution to Construct New Sidewalk on a Portion of Ayers Road

WHEREAS, the South Windsor Town Council recognizes the need to construct a new concrete sidewalk on a portion of Ayers Road in front of house #116 to provide a safe path for students and pedestrians between the upper parking lot at the Little League complex and the South Windsor High School driveway; and

WHEREAS, the South Windsor Public Schools supports this project and intends to fund the cost to construct this sidewalk; and

WHEREAS, the South Windsor Town Council agrees that the Town of South Windsor shall be responsible for maintenance of this portion of the sidewalk including removal of snow and ice due to the proximity of said sidewalk to Town owned Little League complex and public school facilities; and

WHEREAS, a public hearing was held on September 15, 2014, to hear any input from the residents of South Windsor about a new sidewalk on a portion of Ayers Road in front of house #116 to connect the upper parking lot at the Little League complex to the South Windsor High School driveway


ITEM:

14.     H.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the construction of a concrete sidewalk on a portion of Ayers Road in front of house #116 to provide a safe path for students and pedestrians between the upper parking lot at the Little League complex and the South Windsor High School driveway

Was made by Councilor Wagner
Seconded by Councilor Pendleton

Answering questions from the Council, Chief Reed explained that the location of the cross walk was chosen in the new location because there is a slight rise in the road and provides the best visibility coming from the east and west.  Mr. Doolittle stated that the homeowner who will be impacted by this sidewalk has been notified and the Town has not heard from them.  

Councilor Mirek stated that she is glad this is being done and then questioned if there are enough lights in that area or should lighting be addressed?  Mr. Hankard said he does not recall any street lights on Ayers Road.  There are street lights at the beginning of the High School driveway but the street lighting on Ayers Road will need to be addressed.

Councilor Wagner felt it is important that the cross walk is moved in a direction where the shortest convenient path is something that is being covering.  

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

D.      Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex

WHEREAS, the Town of South Windsor has been awarded a previous STEAP Grant from the State of Connecticut in the amount of $500,000 for the improvements to the EOC/Business Center in the Town Hall Annex; and

WHEREAS, the Town has prepared plans and specifications for an EOC/Business Center in the Town Hall Annex; and



ITEM:

14.     D.      (Continued)

WHEREAS, the Town wishes to move forward with this project that will positively impact the Town of South Windsor and other surrounding communities and provide a training center for disaster preparedness for these communities and business development; and

WHEREAS, the Town Council would like to apply for an additional $500,000 in STEAP funding for the next round of applications for Fiscal Year 2015 which applications may be submitted any time between now and November 28, 2014

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to apply for a STEAP Grant in the amount of $500,000 for improvements to the Town Hall Annex for an EOC/Business Center in the Town of South Windsor in which the Town Council will accept such grant for such purpose; and

BE IT FURTHER RESOLVED that Matthew B. Galligan was appointed Town Manager of the Town of South Windsor on January 16, 1996 and will continue in the future, and as the Town Manger, Matthew B. Galligan serves as Chief Executive Officer of South Windsor and is duly authorized to enter into agreements and contracts on behalf of the Town of South Windsor.

Was made by Councilor Delnicki
Seconded by Councilor Pendleton

Answering questions from the Council, Mr. Galligan explained that the Town presently has $500,000 for this project.  There will be Town employees moved to this building in order to serve the center.  The Town departments that have been discussed to be moved to this building are the IT Department, the Building Maintenance Department and Finance Department.  The building will be able to be linked in with the fiber optics.  The entire building is approximately 9,000 square feet.  There would be 4,000 to 5,000 square feet needed for the EOC.

Deputy Mayor Havens felt that this building is a perfect fit with the Town Hall and its future campus.  Deputy Mayor Havens stated he is happy that this building will be used and felt there is no reason why this resolution should not be supported.


ITEM:

14.     D.      (Continued)

Answering further questions, Mr. Galligan explained that the whole building will be used by the Town.  The Town will work with the Chamber of Commerce to provide space for small businesses.  The IT Department will be available to help the small businesses with their IT needs.  

Councilor Mirek stated she feels that when the Town applies for the STEAP Grant it should also be noted on the application that the building will be used as an extension of Town Hall.  Mr. Galligan explained that it is in the documentation that will be going with the application.  Mr. Galligan then explained that funds that are proposed to be used for the renovation of this building are the $1,000,000 in STEAP funds as long as the Town gets both grants; LoCIP funds in the amount of 268,000 and there will be another round of LoCIP funding and would lease the IT equipment.  If anyone would like to know about this project they should come to the Town Manager’s Office.  Mr. Galligan explained that every storm and event that happens there is a regional approach.  There is not enough man power to take care of the needs that need to be taken care of.  When East Hartford built their EOC they spent $23,000,000.  

Answering questions from Councilor Wagner, Mr. Galligan explained that included in the $1,700,000 is work that will help to bring that building up to be able to handle a category 3 storm.  If the Town decided to tear the existing building down and build a new building it would be more expensive.  Eventually the CERT team will be housed in this building.  The completion of the building will depend on when the STEAP grant is awarded.  If the grant is awarded immediately then the Town can start building within a next couple of months.  

Councilor Delnicki stated that he feels the Health Department should be housed in this building rather then in Company 3.  

Councilor Snyder questioned if the Town could finance this project over a multiple budgets?  Mr. Galligan stated that he could do that.  

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

ITEM:

14.     New Business

E.      Motion to Renew the Motion for the Resolution Authorizing the Town Manger to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees

Was made by Councilor Pendleton
Seconded by Councilor Wagner
The motion was approved, unanimously

F.      Resolution Authorizing the Town Manger to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into a Contract between the Town of south Windsor and the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees, said contract to be in effect from July 1, 2012 through June 30, 2015.

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

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

L.      Discussion Item:  Wapping Park Maintenance

Mr. Galligan explained that it came to his attention that the Conservation Commission was worried about the mowing of Wapping Park.  The Town has gone forward in hiring someone to mow this area.  The only reason it was being held off was because this particular piece was going to be taken care of by The Connecticut Studios as part of negotiations but the Town has now hired someone to take care of the area.

Ms. Betty Warren stated that she appreciates the quick action by the Town.  

ITEM:

14.     L.      (Continued)

Answering questions from the Council, Mr. Galligan explained that the Town is obligated to pay for this work under the Municipal Development Agreement that the Town had with the State of Connecticut.  The Town tried to pass this obligation on to the Connecticut Studios.  The Parks & Recreation Department does not have the type of equipment necessary to take care of this property.

G.      Resolution Adopting the 2014/2019 Capitol Region Natural Hazards Mitigation Plan Update

WHEREAS, the South Windsor Town Council recognizes the threats that natural hazards pose to people and property with the Town of South Windsor; and

WHEREAS, the Town of South Windsor in collaboration with the Capitol Region Council of Governments (CRCOG) has prepared a multi-hazard mitigation plan known as the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update in accordance with the Disaster Mitigation Act of 2000; and

WHEREAS, the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update has identified mitigation goals and actions to reduce or eliminate long-term risk to people and property from the impacts of future natural hazards and disasters that affect the Town of South Windsor and the region; and

WHEREAS, public and committee meetings were held between March 15, 2012 and October 2, 2013, regarding the development and review of the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update; and

WHEREAS, the Federal Emergency Management Agency/Department of Homeland Security has approved the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update, on condition of local adoption, enabling the Town of South Windsor to apply for Hazard Mitigation grant funding; and

WHEREAS, adoption by the South Windsor Town Council demonstrates their commitment to achieving the hazard mitigation goals outlined in the Town of South Windsor’s section of the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update

ITEM:

14.     G.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the 2014-2019 Capitol Region Natural Hazards Mitigation Plan Update.

Was made by Councilor Snyder
Seconded by Councilor Pendleton
Mr. Galligan explained that this is a plan the Capitol Region Council of Governments has been working on for a long time.  FEMA said that if any municipality wants to apply for any type of mitigation project this plan needs to be adopted.  As a region when FEMA comes in and claims there is a disaster, the entire county has to prove that there is a disaster.  If there is a storm that hit and the Town does not adopt this plan, the Town may not be able to get reimbursement on some items.

Councilor Delnicki questioned if the conditions on Deming Street or Ridge Road constitute a hazard because in those areas you have a continual issue of storm water flooding whenever there is heavy rain?  Mr. Galligan stated you could make a case for it but you would have to show that it was part of a greater storm.  If there was a major storm in the region, that could be submitted to see if it qualifies.

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

I.      Resolution Waiving Competitive Bidding for boiler Replacements at the Town Hall and Library

WHEREAS, the Town of South Windsor intends to replace boilers at the Town Hall and Library; and

WHEREAS, the scope of work involves significant plumbing, mechanical, and electrical activities, and the work must be completed in time for the replacement boilers to be operational for the 2014 winter heating season; and

WHEREAS, the Town recently went out to bid on the work, which included additional work for ventilation improvements at Town Hall and a VAV conversion at Town Hall, and the Town now wishes to pursue only the replacement boiler installations at this time; and

ITEM:

14.     I.      (Continued)

WHEREAS, there does not appear to be sufficient time to rebid the boiler replacements only, without risking that the work will not be completed in time for the 2014 winter heating season

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby waives competitive bidding process as described in Section 714 of the Town’s Charter and authorizes the Town Manger to solicit quotations from contractors for the boiler replacements, and to enter into a contract with a suitable contractor at a cost not to exceed the Town Council approved appropriation for such work.

Was made by Councilor Mirek
Seconded by Councilor Delnicki

Answering questions from the Council, Mr. Galligan explained that the Town went out to bid.  The engineer put out and addendum stating that the bidders must bid on the alternates and the problem is not every contractor could bid on the alternates because it is a separate venting system that should have been put on there.  The Town ended up with only two bids where there was a $50,000 difference between the low bid and high bid.  The Engineer was trying to have one bidder so there was not an alternate putting venting system and a boiler put in and when something goes wrong each company blaming the other.  The Town decided to reject the bids but because of the time frame, the Town feels just going out for a quote would enable the Town to get more bids.  

Councilor Wagner said he would be supporting this resolution because if the boiler failed, the Town Hall and Library would be in a lot of trouble.  Councilor Wagner encouraged the Town to move as quickly as possible.

Answering further questions, Mr. Galligan explained that there were two bids that came in.  One was $50,000 less then the other.  The base bid without the alternates was $290,000.  This went out to bid about 4 weeks ago.  The Town will be going out for quotes and it is hopeful that there will be more participants at a lower cost.

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



ITEM:

14.     New Business

J.      Resolution Approving a Refund of Taxes to Seventy-Two (72) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to seventy-two (72) South Windsor Taxpayers, the total of said refund being $13,302.97, and as more fully described on attached Exhibit C.

Councilor Delnicki recused himself from this item because he will be receiving tax refunds if this item is approved.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner

Answering questions, Mr. Galligan explained that there are a lot of people that move out of Town, sell their cars, leases, etc.  The majority of the tax refunds are for cars, but there are some that paid their taxes at the closing and then paid them again, so they would receive a refund.

K.      Discussion Item:  Update on Turf Field at the South Windsor High School

Mr. Galligan explained that Town staff has been working with the Superintendent of Schools.  Jeff Doolittle and Mike Gantick reviewed some of the issue for the High School field and track.  There were quotes in the range of $617,000 to $680,000 but there were still a lot of subsurface conditions that may not have been included in the quote.  Bids for other Towns were in the range of $1.2 to $1.3 million dollars.  The Town of Wilton had to do a lot of work under the field and had to raise their field. Mr. Hankard will be at the Capital Projects Committee meeting to put in a place holder.  This project should go through the Capital Projects.  The Town has a contract with Milone & MacBroom who has been doing a lot of these fields throughout the State of Connecticut.  The Town has an on-going relationship with this company and requested them to do a schematic design to give the Town a design with an estimated price for this project.  This will help the Town make a decision whether to move forward with this project.


ITEM:

14.     K.      (Continued)

Answering questions from the Council, Mr. Galligan explained that it is possible for Milone & MacBroom to do a design build but some times design/build does not work in the Town’s favor.  The company will be looking to see if there is any pollution or contamination issues and hopefully the Town will know more about this proposal in approximately six weeks.

15.     Passage of Ordinance

None

16.     Communications and Reports from the Town Manger

Mr. Galligan reviewed the Town Manager’s report as shown in attached Exhibit D.

Answering questions from the Council, Mr. Galligan stated that the five days for items to be on the agenda are five working days.  If items are wanted for a Town Council meeting they should be put on the dashboard five working days prior to the Town Council meeting if possible.  

Councilor Delnicki questioned again what are the deficiencies at the Fire Station, Company 3 and what has been repaired and what has not been repaired.  Mr. Galligan said he had requested that information and will request that information again from Mr. Knipple.  

Councilor Wagner noted that the Council Rules say that items should be submitted five days in advance, not five working days.  There is still a requirement in the Rules to have resolutions written in advance, so how would that fit into the time schedule?

Mr. Galligan explained that information will be required to be submitted five working days in advance of a meeting scheduled on a Monday.  Having this advanced notice will help with the staff’s ability to write a resolution necessary for the meeting.



ITEM:

16.     Communications and Reports from the Town Manger (Continued)

Council members discussed the ability to have Wi-Fi in the Town Hall.  Mr. Galligan said he would discuss this issue with the IT Department regarding this issue.  Mayor Anwar stated that there would be a separate Wi-Fi system setup that would not be part of the existing Town’s Wi-Fi.  Councilor Wagner voiced his concern with people sitting in the audience using their computers and not paying attention.  Councilor Wagner stated he is not sure if the use being proposed would be one that he would support.  Mayor Anwar responded that this would give the audience access to graphs and maps that are being looked at in the Town Council meeting.

Mr. Galligan told the Council that the he is not sure where the number of $24,000,000 came from for the health budget, but the Town’s health budget is $3,000,000.  Mr. Galligan stated that he thought the total budget for health between the Board of Education and the Town is about $14,000,000., but would get the exact number for the Council.

17.     Public Input

Mr. Don Gonsalves, 40 Bayberry Trail stated that he is not happy with the Town.  No Council member has asked who is running the Finance Department at this time or who is in charge of accounting.  The $24,000,000 came out of the audit reports.  The Council does not seem to be concerned that the Town has a 401K plan that the residents are paying 12% and the average in the private industry is 3%.  CCM had a big meeting and the subject was about property taxes being so high.

Mr. Matt Riley, 12 Heatherwood Drive came before the Town Council.  Mr. Riley stated that it has been past practice to have everyone state their name and address and he feels the Council has been a bit relaxed on that practice. Mr. Riley requested that the Council adhere to this practice moving forward.  Mr. Riley then raised the issue of each individual coming forward only having three minutes to speak.  Past Mayor’s always allowed the public to speak and he feels it is important to allow individuals to get their thoughts all out to the Council.  Encouraged the Council to allow time to get their thoughts out.

ITEM:

18.     Communications and Petitions from Council

Mayor Anwar stated that everyone who spoke tonight gave their name and address.  The one person who did not announce their name and address was asked to do so tonight.  The three minutes allowed for each person in the public to speak is a Council rule and the Council is here to get the business of the Town done.

Mr. Galligan informed the public that the Council has been fully informed about the Finance Department.  Mr. Galligan said he would review the audit report to find out where the $24,000,000 that Mr. Gonsalves is speaking about.  The renewal was between $15,000,000 to $16,000,000.  The Town’s renewal is $3,100,000.  South Windsor has tried to get into the State program but found that the State program is more expensive.  Mr. Galligan reviewed the pension plans for the Town.  There is no one 65 years or over that are on any health plans.  Other Town’s are given health benefits going out the door.  

Mr. Wagner explained that the $1,000,000 that Mr. Gonsalves is talking about has showed up was in the Water Pollution Control Authority audit report for the fiscal year ending June 2013.  There was a budget item for debt service of about $140,000 and when you saw the actual, there was an extra $1,000,000 that was paid for debt service.  Councilor Wagner stated he was happy with the explanation he received and asked Mr. Galligan to please give an explanation.  

Mr. Galligan explained that the fund is a special revenue fund and you are taking the capital and putting it in capital projects and moving transfers back and forth for those capital items and those debt service.  Mr. Galligan said he would have the Assistant Director of Finance do another full report showing where these transfers are.

Councilor Wagner stated that the report is very difficult to understand.  To track the funds you have to go back and forth between pages but it is all there and nothing is being hidden.  

Councilor Mirek felt that if during public input there are only a couple of people coming up, they should be allowed to speak past the 3 minute rule.






ITEM:

18.     Communications and Petitions from Council (Continued)

Councilor Wagner stated that during FOI training he learned that a rain date can be scheduled in case a Town Council meeting is cancelled.  When the Regular Meetings are scheduled a clause can be put onto the schedule that if a meeting can not be held because Town Hall is closed, the meeting can be held the next day and it will still qualify as a Regular Meeting.  This would allow the Town Council to keep moving forward and not lose any meeting time because of inclement weather.

Mr. Galligan stated that this will be reviewed.  The Elections Commission can give guidelines on how to schedule for inclement weather and a new schedule can be drafted.

Councilor Pendleton informed the public and the Council that the South Windsor Historical Society is hosting Heritage Day on October 4, 2014 from 9:00 a.m. to 4:00 p.m. on Main Street.  There is parking for free and there are new vendors and attractions.

19.     Executive Session

None

20.     Adjournment

At 9:43 p.m. Councilor Delnicki made a motion to adjourn the Regular Meeting.   Councilor Pendleton seconded the motion; and it was approved, unanimously.



Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council