TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 October 20, 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 Andrew Paterna
Councilor Liz Pendleton
Councilor Carolyn Mirek
Councilor Janice Snyder
Councilor Stephen Wagner
Members Absent: Councilor Cary Prague
Also Present: Keith Yagaloff, Town Attorney
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and stated he will be at every Council meeting until he receives an answer regarding $1 million dollars in the Water Pollution budget that no one can explain. Mr. Gonsalves said he would like to know who prepared the budget. The finances are out of control. It is not necessary for the Auditors to come in to explain the budget. The person who prepared the budget should be able to give an explanation of that budget.
Mr. Robert Dickinson, 19 Birch Road came forward and read a letter into the record, as shown in attached, Exhibit A, suggesting the Town Council to consider putting a condition of sale on two remaining lots on Sullivan Avenue for the developer(s) to install a multi-use path from West Road to Troy Road.
Mr. Kevin McCann, 170 Lisa Drive came forward and stated that the Irish Oktoberfest that took place on Sunday, October 19, 2014 was a wonderful event with excellent choices of Daria Plummer and John Mitchell to be the Honoree and Marshall for the St. Patrick’s Day Parade. Mr. McCann then explained that he is concerned about the violation of the Town Charter. There are two conflicting opinions regarding the Town Charter and how it applies to the selection of any
ITEM:
5. Public Input (Continued)
individual to be hired by the Town who is a Town Council member. Section 204 of the Charter says that you can not hire a Town Council member during the term to which that person is elected. The very next sentence makes an exception for appointment of a Town Councilor to a Committee after the termination of his term. There are reasons for using two different phrases there, “termination of the term” and “during the term to which he is elected”, but that was never considered by the opinion that the Council received from the Town’s Bond Counsel. Mr. McCann stated that it is his opinion, based on his experience that the Town Charter has been violated. There needs to be a ruling. The Town Charter governs this Town. The Town Council must act in accordance with the Town Charter.
Ms. Cindy Beaulieu, 19 Cody Circle came forward and stated that she agrees with Mr. McCann that the Town Charter was violated. Tonight there are not a lot of people here and the three minute rule should not have been applied to the public. The Town Council is elected by the residents of Town to serve the residents. The Town Council has proven that you can violate the rules and now you are proving that you do not want to hear what people have to say. The Town Council needs to find a way to allow people more time to speak. Ms. Beaulieu then stated that the main reason she was here tonight is to talk about the LoCIP funds. In the past it was stated that the LoCIP funds could not be put towards the field proposal but had to be used for the roads. On the agenda tonight is the issue of
the use of those LoCIP funds for the Emergency Operation Center. Mr. Galligan had stated in the past that the LoCIP funds would not be considered to be used until the second STEAP Grant was approved by the State.
Ms. Michele Althoff, 112 Ivy Lane came forward and explained that she and her family have had approximately 40 different occurrences that they have been dealing with. When the Police Department and President of the Condominium Association have been contacted, they have done nothing. Ms. Althoff stated she and her family moved to South Windsor for the school system as well as the community and can’t believe that South Windsor is a place that doesn’t care about safety of the community.
ITEM:
5. Public Input (Continued)
Councilor Pendleton read a letter from Zaheer Sharaf, as shown in attached Exhibit B.
Councilor Wagner also a read a letter into the record from Gerald Hayden, 50 Evans Crossing requesting that the bar attached to the fire hydrant be removed as it can be a safety hazard for those mowing around it, jogging and biking.
6. Environmental Health & Safety Message
Councilor Mirek informed the Council and public that October is National Dental Hygiene Month. More then 120 medical conditions can be detected through your regular semi-annual or annual dental visits. It is very important to make sure that you are having an oral cancer screening.
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: Public Hearing Minutes of September 15, 2014; and Regular Meeting Minutes of October 6, 2014.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Councilor Mirek offered the following amendments to the Regular Meeting Minutes of October 6, 2014: Under Public Participation Mr. Linc Street should read Mr. Linc Streeter; and under Unfinished Business, Item A., page 11, there was discussion regarding the appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney. It should be corrected to read: Councilor Mirek stated she does not feel that Rome McGuigan would be a Town Attorney in several Towns if their response time was not appropriate. A Town Attorney is not necessary at every meeting. Although it has been stated that Attorney Yagaloff has agreed to be at every Town Council meeting for free, it is not in the contract. She questioned Mr. Galligan about this issue and he said he did not remember that
conversation. Councilor Mirek said that trying to defend that Attorney Yagaloff is the most experienced and least expensive is not justified.
Mayor Anwar called for a motion on the adoption of minutes of previous meetings as amended; they were approved, unanimously.
ITEM:
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
Councilor Wagner reported that on November 10, 2014, through the Energy Committee, Solarize Connecticut will be kicking off the Solarize South Windsor program. This program will support residents who wish to install solar. This program will be televised for those who can not attend.
11. Reports of Temporary Committees
Mr. Kevin McCann, Chairman of the Sidewalk & Bikeway Subcommittee came before the Town Council and explained that the Sidewalk & Bikeway Subcommittee had a meeting last week and there are two particular items on the agenda that are of some concern to the public at large. The first is regarding the Town Center Sidewalk Plan. The Town Engineer gave the Subcommittee a comprehensive report on the engineering for the sidewalks in the Town Center area. There are two options under consideration for sidewalks from Town Hall to the corner of Buckland Road/Ellington Road/Oakland Road. One option is to go down Sullivan Avenue along side Wapping Church. There are some concerns for safety in that area because of the traffic. The other option would be to go down through the sidewalks serving
the Library, through the parking lots and down Peterson Way. There would be a cut through the stonewall at Oakland Road and then connect up to the sidewalk that leads to the corner from there. Those two options are under consideration and the Town Engineer is putting together a final analysis of those two options. The Sidewalk & Bikeway Subcommittee intends to come to the Town Council with a recommendation on one of the options in December. The other item for consideration is whether the Sidewalk & Bikeway Subcommittee should be coming up with a recommendation to the Council on a policy for repair and/or replacement of sidewalks throughout Town. Some sidewalks through Town have pink paint on them to show that they need repair/replacement and it is also hopeful that it will bring attention to the those who are walking so the know there is a hazard. The Subcommittee received a listing of all of the
(Continued on Next Page)
ITEM:
11. Reports of Temporary Committees (Continued)
sidewalks that have been painted and will be assessing those sidewalks that need repair/replacement. The Sidewalk & Bikeway
Committee will review the list and come up with a recommendation for a policy for the Town Council’s consideration of a Repair/Replacement Plan.
12. Consent Agenda
Councilor Wagner made a motion to approve Agenda Items 13. B. through 13. D. and 14. B. as the Consent Agenda. Councilor Pendleton seconded the motion.
Deputy Mayor Havens requested that Item 14. B. be removed from the Consent Agenda.
Mayor Anwar called for a motion on the remainder of the Consent Agenda, the motion passed, unanimously.
13. Unfinished Business
B. Resolution Reappointing James Murray (D) to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints James Murray (D) to the Economic Development Commission for a term ending November 30, 2017.
(Approved by Consent Agenda)
C. Resolution Reappointing Joseph Kennedy (D) to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Joseph Kennedy (D) to the Economic Development Commission for a term ending November 30, 2017.
(Approved by Consent Agenda)
ITEM:
13. Unfinished Business (Continued)
D. Resolution Appointing M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council hereby appoints M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority for a term ending November 30, 2017 to fill an unexpired vacancy.
(Approved by Consent Agenda)
14. New Business
B. Resolution Appointing Richard Grigorian (D) a full member to the Park & Recreation Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Richard Grigorian (D) a full member to the Park & Recreation Commission for a term ending December 31, 2015 to fill the unexpired tem of Andrew Paterna and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councilor Wagner
Seconded by Councilor Pendleton
The motion was passed on a Roll Call vote of 7-0-1 abstention (Deputy Mayor Havens)
13. Unfinished Business (Continued)
A. Resolution Appointing Joseph Durette (D) to the Board of Education
BE IT RESOLVED that the South Windsor Town Council hereby appoints Joseph Durette (D) to the Board of Education for a term ending November 9, 2015 to fill an unexpired term of Carol Driscoll.
Was made by Councilor Pendleton
Seconded by Councilor Paterna
The motion was approved, unanimously
Mrs. Lori Trahan, Town Clerk came forward and swore in Mr. Durette as a member of the Board of Education.
ITEM:
14. New Business (Continued)
A. Resolution Accepting the Resignation of Joseph Durette (D) from the Inland Wetlands Agency/Conservation Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Joseph Durette (D) from the Inland Wetlands Agency/Conservation Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town council extends its thanks to Joseph Durette for the time he has dedicated to serving his community by his membership on the Inland Wetlands Agency/Conservation Commission.
Was made by Deputy Mayor Havens
Seconded by Councilor Delnicki
The motion was approved, unanimously
C. 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), but the law did not come into effect until October 1, 2014
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby appoints Town Manger, Matthew B. Galligan to represent the Town of South Windsor in the Metropolitan District Commission Board of Directors meetings.
Was made by Councilor Mirek
Seconded by Councilor Wagner
For the record, Councilor Delnicki has recused himself from this resolution.
(Resolution Continued on Next Page)
ITEM:
14. C. (Continued)
Mayor Anwar explained that MDC has had a large increase to its non-member Towns. Having the Town Manager at the MDC Board of Directors meetings will allow South Windsor to have a voice even though the Town can not vote.
Deputy Mayor Havens stated that he would support this resolution and felt that the Town Manager is the right person to sit in on the MDC Board of Directors meetings.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Appropriation of $281,650.00 of LoCIP Funds for Improvements to the Town Hall Annex for an EOC/Business Center in the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, November 3, 2014, at 8:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $281,650.00 of LoCIP Funding for improvements to the Town Hall Annex for an EOC/Business Center in the Town of South Windsor.
Was made by Councilor Paterna
Seconded by Councilor Pendleton
Deputy Mayor Havens stated that the Town Hall Annex has been empty for many years and any proposal that came forth did not get approved. If the Town doesn’t do something with the building soon it will stay empty and eventually have to be torn down. The building will serve multi purposes and will add to the campus of the Town Hall. Deputy Mayor Havens asked that the Council support this resolution.
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
Councilor Mirek stated that she agrees that the Town Council needs to move forward on the project but is uncomfortable that the LoCIP funds have been used as leverage for different projects against each other, thereby creating opposition against this EOC/Business Center. The LoCIP funds were promised for fields previously and Councilor Mirek feels it is good idea to have the public come out and speak about the use of these funds. It also seems premature to be deciding whether LoCIP funds should be used for this project until the Town Council finds out if the second STEAP grant for $500,000 has been approved for this project. If the STEAP grant is not approved, a contingency plan will be necessary.
Councilor Delnicki stated he would vote in favor of this resolution because it will give the public an opportunity to speak and get all of the issues on the table.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
E. Resolution Approving a Refund of Taxes to Thirty-Seven (37) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to thirty-seven (37) South Windsor Taxpayers, the total of said refund being $5,741.19, and as more fully described on attached Exhibit C.
Was made by Councilor Delnicki
Seconded by Councilor Wagner
The motion was approved, unanimously
16. Communications and Reports from the Town Manger
None
17. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail stated that there is a law suit concerning the former Finance Director and the public has the right to know who is running accounting. If anything goes wrong with the accounting Mr. Gonsalves stated he would testify that the Town Council did not control this situation.
ITEM:
17. Public Input (Continued)
Mr. Kevin McCann, 170 Lisa Drive informed the Council that tonight November 3, 2014 was set as the date for the hearing on LoCIP funds. Typically the Council cancels the meeting the date prior to an election and he is concerned that even if the Council keeps that date that they will not get significant input from the public and requested that the Council consider a different date for that public hearing.
15. Passage of Ordinance
None
18. Communications and Petitions from Council
None
19. Executive Session
None
20. Adjournment
At 7:48 p.m. Deputy Mayor Havens made a motion to adjourn the Regular Meeting. Councilor Delnicki seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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