TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 December 1, 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: Matthew B. Galligan, Town Manager
Keith Yagaloff, Town Attorney
5. Public Input
Ms. Cindy Beaulieu, 19 Cody Circle came before the Town Council voiced concern regarding the proposed changes to the South Windsor Town Council Rules & Procedures. Each Town Council member should be polled to see what they would like for changes. The meeting should remain to begin at 7:00 p.m., not 6:00 p.m. There is a proposal to allow the public to speak for five minutes rather then three minutes. Ms. Beaulieu stated she would like to see this happen. Another concern is when a person is being appointed to a Board or Commission that the Council would eliminate “and postponing this motion to the next regularly scheduled meeting”. Not having a postponement of the appointments may eliminate the Council from hearing important information to make a decision regarding that appointment. The rules need to be reviewed and worked on by the whole Council.
6. Environmental Health & Safety Message
Councilor Delnicki reminded the public that everyone should be careful when trying to unclog their show blowers, remember to turn the snow blower off. When shoveling snow everyone should not overexert themselves.
ITEM:
6. Environmental Health & Safety Message (Continued)
Mayor Anwar informed the public that December is safe toys and gift month. As toys are being bought for young children safety should be considered before purchasing.
Deputy Mayor Havens informed the Council and public that a question/answer presentation was given regarding Ebola. The session was very informative.
7. Adoption of Minute of Previous Meetings
None
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
Councilor Wagner stated that it would be greatly appreciated to have residents who have solar installed on their homes or are in the process to come help at a Solarize Connecticut Program on December 11, 2014 at 7:00 p.m. in the Madden Room.
11. Reports of Temporary Committees
Councilor Paterna informed the Council that there is a working group that is associated with the Public Building Commission that will be meeting this Wednesday at 9:00 a.m. to discuss the sustainability issues with the new Orchard Hill School construction.
Councilor Wagner informed the Council that the Sidewalk & Bikeway Subcommittee has been reviewing two options for completing sidewalks between Town Hall and the Town Center area. One option is to go along Sullivan Avenue in front of the church and the other option is to have sidewalk on Peterson Way and come out onto Oakland Road. A public information session will be held on December 16, 2014 at 7:30 p.m.
ITEM:
12. Consent Agenda
None
Councilor Wagner made a motion to Suspend the Rules in order to go to Item 14. A. and take up Item 13. a. later in the meeting. Councilor Delnicki seconded the motion; and it was approved, unanimously.
14. New Business
A. Resolution Authorizing the Town Manager to Sign and Execute a Participation Agreement for Municipal Textile Recycling Services Between the Town of South Windsor and Bay State Textiles, Inc.
WHEREAS, Municipal members of the Central Connecticut Solid Waste Authority have the option of participating in a Textile Recycling Services contract; and
WHEREAS, materials that would be acceptable are items such as footwear, clothing, certain accessories, linens and stuffed animals which will be collected by Bay State Textiles, Inc. from collection bins in the Town of South Windsor every 14 days; and
WHEREAS, Bay State Textiles, Inc. will pay the Town a fee of $100/ton for materials collected; and
WHEREAS, the Town will pay Central Connecticut Solid Waste Authority an administrative fee of 3% of fees collected; and
WHEREAS, the Town of South Windsor is interested in participating in this program
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to sign and execute a Participation Agreement for Municipal Textile Recycling Services between the Town of South Windsor and Bay State Textiles, Inc., subject to review by the Town Attorney.
Was made by Councilor Delnicki
Seconded by Councilor Pendleton
14. A. (Continued)
Answering questions from the Council, Mr. Shaw explained that at this time South Windsor does not have current amounts for the revenue that would be generated by this program. Councilor Mirek stated that Glastonbury has collected over $10,000 after their first year. Mr. Shaw explained further that the Town reviewed the different programs and experiences of different firms. Bay State Textiles, Inc. was selected as the most successful operation. There have been two sites selected for the bins to be placed. One site would be behind the Library and the other site would be at the Community Center between the parking area and the playscape area to the south. There are private charities but this program is not intended to compete.
Council members voiced concern about this program competing with other charities. Councilor Mirek explained that this program would recycle items that are torn and stained. The other charities really do not want those items.
Mr. Galligan stated that the contract with Bay State Textile, Inc. would be for three years. Items that are torn or stained are usually thrown into the garbage, which the Town pays in tonnage. The private non-profits go through items that have been donated and will get rid of the items that are torn and/or stained. Mr. Shaw explained that Bay State Textile, Inc. will be able to use items that the other private non-profits can not use.
Town Attorney Yagaloff explained to the Council that there are a number of Towns using this program. He then stated that he would be reviewing this contract further to make the necessary revisions, especially regarding the liability of the Town. More research is necessary to see if the Town has to go through the RFP process because there is revenue that will be generated. If there needs to be an RFP, the Town Manager will come back to the Council but if no RFP is necessary then the Town will go with Bay State Textiles, Inc.
Council members voiced concern about the process and felt that it should be known whether the RFP process is necessary before this resolution is voted on.
Councilor Pendleton made a motion to table this resolution. Councilor Delnicki seconded the motion; and it was approved, unanimously.
Councilor Delnicki made a motion to Suspend the Rules in order to take Item 14. D. out of order. Councilor Snyder seconded the motion; and it was approved, unanimously.
ITEM:
14. New Business
D. Resolution Approving an Annual Salary for the Registrar(s) of Voters for Calendar Years 2015 and 2016
WHEREAS, the Registrar(s) of Voters are elected positions, serving a four year term; and
WHEREAS, Registrar(s) of Voters rate of compensation is, by State Statue, to be paid by the municipality
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby stipulates that the annual compensation for the Registrar(s) of Voters shall be $34,378 each, effective January 1, 2015; and
BE IT FURTHER RESOLVED that their annual salary shall be increased to $35,066 effective January 1, 2016 through December 31, 2016 and that the South Windsor Town Council shall review and address by Resolution the salary adjustment for the two-year period of 2015 and 2016.
Was made by Councilor Mirek
Seconded by Councilor Delnicki
Answering questions from the Council Mr. Galligan explained that these increases follow the same increase that was approved for all other staff members.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
B. Discussion Item: Yard Waste Program (Requested by Councilor Pendleton)
Councilor Pendleton explained that she knows of a Town that has a yard waste program and wanted to have South Windsor review this concept. South Windsor currently has a leaf collection and this program would not include any leaf collection. This program would include limbs, garden materials, grass clippings, etc.
ITEM:
14. B. (Continued)
Mr. Fred Shaw explained that he reviewed the Manchester program and the Enfield program, as shown in attached Exhibit A. The Town could solicit competitive bids through an RFP process if that is what the Town Council wishes and further discussions could be held during the budget sessions.
Councilor Pendleton stated that she would like to know how much it would cost for South Windsor to do this program. Mr. Shaw explained that South Windsor has a little more then half the residential units that Manchester has. It costs them over $330,000 so South Windsor is probably looking at $165,000 to $170,000 for a similar program. This would mean South Windsor would have to recycle probably more then 2,500 tons of brush per year and Mr. Shaw felt that South Windsor does not do that. Currently South Windsor does pick up brush with the refuse containers. South Windsor disposes of approximately 7,200 tons per year of refuse and he does not feel one third of that is brush collection which would have the Town just break even.
Councilor Pendleton explained that she wanted this item discussed to see if there would be any cost savings for the Town by using recycling of yard waste and is not convinced that there would be a savings.
Mr. Shaw explained further that there are additional costs if the Town were to compost items such as grass clippings on Town property it would be necessary to seek another type of permit from DEP.
Councilor Delnicki requested that the analysis done about 8-10 years ago by Mr. Gantick showing the costs be sought to bring some clarity to this item.
Councilor Wagner said he would not want to encourage leaves or grass clippings to go into this program.
Mayor Anwar stated that after reviewing the requested document if there is anything that looks promising, this discussion can be brought back for further discussion.
ITEM:
14. New Business (Continued)
C. Resolution Authorizing the Town Manager to Sign the Connecticut Department of Transportation Local Bridge Program Supplemental Application for the Main Street Bridge over the Podunk River, State Project No. 9132-4174
WHEREAS, the Town of South Windsor was awarded a grant from the State of Connecticut Local Bridge Program to fund 47.48% of the eligible project costs for the repair of the Main Street Bridge over the Podunk River
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes its Town Manger, Matthew B. Galligan to sign the Local Bridge Program Supplemental Application and any associated agreements between the State of Connecticut and the Town of South Windsor for the Main Street Bridge over the Podunk River, located 0.5 miles south of I-291 on Main Street, Bridge No 04174.
Was made by Deputy Mayor Havens
Seconded by Councilor Pendleton
Answering questions from the Council, Mr. Galligan explained that this project would be funded by a certain amount of money being allocated from the Capital Projects last year and this year; and 47.48% from the bridge program. It is hopeful that this project will begin in the summer of 2015.
Mayor Anwar called for a vote on this motion; it was approved, unanimously.
E. Resolution Approving the Transfer of $3,000 from the Contingency Account to the Town Council’s Professional Account
WHEREAS, the Board and Commission Recognition Event began in 1998 but was eliminated from the budget in 2008; and
WHEREAS, in 2011, funds were transferred from the Contingency Account to the Town Council’s Professional Account and the Board and Commission Recognition Event was held; and
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
WHEREAS, the South Windsor Town Council wishes to again recognize the volunteers who serve on Boards and Commissions
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $3,000 from the Contingency Account to the Town Council’s Professional Account to cover expenses associated with a “Recognition Event” honoring Members of Boards and Commissions who have generously volunteered their time to serve the Town of South Windsor.
Was made by Councilor Paterna
Seconded by Councilor Pendleton
At 8:00 p.m. the Regular Meeting was recessed in order to hold a Public Hearing. The Regular Meeting reconvened at 8:05 p.m.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
F. Resolution Approving a Refund of Taxes to Twelve (12) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twelve (12) South Windsor Taxpayers, the total of said refund being $2,827.75, and as more fully described in attached Exhibit B.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
The motion was approved, unanimously
ITEM:
15. Passage of Ordinance
A. Resolution Adopting Amendments to the South Windsor Code of Ordinances, Chapter 98 – Utilities, Article II. Water Pollution Control Authority, Section 98-31 – Establishment; Membership
BE IT RESOLVED that the South Winsor Town Council hereby adopts amendments to the South Windsor Code of Ordinances, Chapter 98 – Utilities, Article II. Water Pollution Control Authority, Section 98-31 – Establishment; Membership, as shown in attached Exhibit C.
Was made by Councilor Wagner
Seconded by Councilor Pendleton
Councilor Snyder stated that the term of 6 years has been established for a long time. It takes time to learn everything that is necessary to be on the Water Pollution Control Authority. Councilor Snyder questioned why the term needs to be changed to 4 years.
Mr. Galligan stated that he was not involved in these changes but felt that the Council should be looking at all of the Boards and Commissions to get new individuals involved but is not sure how to go about that other than through the political process.
Councilor Wagner explained that under State Statute it is required that no more then half of the terms expire in any given calendar year and currently there are four members who term will expire in one year. The Council has had discussions of making the terms for two years or four years and there was a consensus for a four year term. Councilor Wagner stated that it is felt that the term of WPCA should follow the terms of other Boards and Commissions. Expertise is required in both of the Planning & Zoning Commission and Zoning Board of Appeals. A four year term gives plenty of time for an individual to become familiar with the Commission.
Councilor Pendleton stated that the Council had discussions previously of the terms and how they did not follow the Charter. There was a discussion and a consensus to have a four year term.
ITEM:
15. A. (Continued)
Councilor Snyder pointed out that the consensus of a four year term was because a 2 year term and 4 year term was discussed and between a 2 year term and 4 year term, the 4 year term was preferred. Councilor Snyder reiterated that the Water Pollution Control Authority has had a term for 6 years for a very long time.
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 approval; and Councilor Delnicki, Councilor Mirek and Councilor Snyder voting in opposition of approval.
16. Communications and Reports from Town Manager
Mr. Galligan reviewed the Town Manager’s Report as shown in attached, Exhibit D. Mr. Galligan then explained that the Town received a letter from the Division of Emergency Management Homeland Security. They have reviewed the Town’s Emergency Operation Plan and it is in compliance under federal law. Today there was a meeting at MDC. There was discussion regarding the budget. The MDC has reduced the water rate from the $49.84 down to $40.44 so the residents will not be seeing a huge increase in that surcharge. The budget has been put on hold because there were issues with sewer items which is not a concern of South Windsor’s. A new Executive Director was hired as well as an Attorney with a five year contract.
Answering questions from the Council Mr. Galligan said he would get the developments that have been done in Rocky Hill by the developer who will be developing the apartments at Evergreen Walk. There is no tax abatement involved in this project.
Mr. Galligan stated that he is hoping to have a development plan for the Connecticut Studios project by next week. The Council will have to make a decision on the plan as well as DECD. The individuals that have taken over the Connecticut Studios project have been moving forward and have spent a lot of money. Mr. Marsh went over their numbers for their budget and he was pleased that the information was accurate and timely. The credits will have to be rerun to inform us how much the credits are worth. An architect has been hired to design the actual building and about three weeks Mr. Toth attended grand opening of a movie from Lions Gate.
ITEM:
16. Communications and Reports from Town Manager (Continued)
The leaf program is complete with two passes being done throughout Town, but will recheck to make sure all roads are complete.
Mr. Galligan informed the Council that there is a developer looking to build a hotel on the Buckland Gateway zone on the east side. The plan has been redone after issues were found. The plan has not been finalized because it still has to be reviewed by Town staff.
Mayor Anwar questioned the different number in traffic stops from January (135) to October (520). Mr. Galligan explained that the traffic stops could be part of the Regional Traffic Stop. Mayor Anwar then questioned if when school starts is there a focus on speeds? Mr. Galligan stated that when school started this year they were on Nevers Road.
Councilor Wagner made a motion to Suspend the Rules to go to Item 13. A. Councilor Delnicki seconded the motion; and it was approved, unanimously.
13. Unfinished Business
- Discussion item: Proposed Changes to the South Windsor Town Council Rules and Procedures (requested by Mayor Anwar)
It was decided that each item would be taken up one at a time. If there are not six votes for an item, it will not pass. Council members decided to go through each item and if there are not enough votes it will not be part of the changes proposed at the next meeting. An item has been added from Councilor Mirek that was discussed at the previous meeting regarding the length of time the public will be allowed to speak. Additions are in bold/italic below:
Article I – Organizational Meeting
Section 2 – Regular Meetings
The Regular Meetings of the Council shall be held on the first and third Monday of each month, except August, at 7:00 p.m. at the South Windsor Town Hall. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If it shall be unsafe to meet in the place designated, the meeting may be held at such place as
ITEM:
13. A. (Continued)
designated by the Mayor, provided a copy of the minutes of any such meeting adequately setting for the nature of the emergency and the
proceedings occurring at such meeting shall be filed with the Town Clerk not later than seventy-two (72) hours following the holding of such meeting.
Section 3 – Special Meetings
- The Mayor or the clerk, upon written orders from the Mayor or at least three (3) Members of the Council, shall be empowered to call Special Meetings and shall give notice of time and place of Special Meetings and reasons therefore by email, mail or by personal delivery to the normal places of residence of all Council Members, Town Manager and Town Attorney at least forty-eight (48) hours before the time of such meeting..
c. Notice of the time and place of such Special Meetings shall be posted in the office of the Town Clerk and a newspaper or newspapers having general circulation in the Town shall be advised of such Special Meetings at least forty-eight (48) hours prior to the time of said meeting. The notice shall specify the business to be transacted.
- In the event of a weather related cancellation of a Regular Meeting, a Special Meeting may be called as follow:
- The Mayor or at least three (3) Members of the Council shall be empowered to call a Special Meeting and shall give notice of the time and place, stating that the reason is a weather related cancellation of the Regular Meeting, by email, mail or by personal delivery to the normal places of residence of all Council Members, Town Manager and Town Attorney at least twenty-four (24) hours before the time of such meeting.
- The business to be considered at this Special Meeting shall be solely that business which was to be conducted at the Regular Meeting which was cancelled because of weather.
- Notice of the time and place of this Special Meeting shallb e posted not less than twenty-four (24) hours before the meeting on the Town Internet website, if available, and filed not less than twenty-four (24) hours prior to the time of such meeting in the office of the Town Clerk.
Article IV – The Order of Procedure
Town Council Regular Meeting will begin at 7:00 p.m. starting in January 2014.
Section 2 – Rules Governing Item in Section 1 of the Article
d. The South Windsor Residents or Tax Payers shall limit his/her speaking time to three (3) minutes. This limit may be exceeded with the consent of the Council.
- During this segment of the meeting, South Windsor residents or Tax Payers wishing to speak to any matter on the Agenda shall take precedence over those wishing to speak to an item not on the Agenda.
Article V – Agenda
Section 1 – Preparation (Continued)
c. Additional items for the Agenda may be made by the above persons provided that all such additions be supplied to the Clerk of the Council at least five (5) business days prior to the meeting for which they are intended for consideration. The name of the person submitting an item for Council consideration shall appear on the agenda after the item submitted.
- The Clerk of the Council will provide a list of the New Business Agenda Items, as submitted to the Clerk under these Rules, intended for consideration at the next meeting of the Town Council members by email or fax at least three (3) business days prior to the meting. However, errors, delays and/or unintentional omissions of the items will not prevent the Council from taking up the items at the Council Meeting, so long as the items are taken up as otherwise provided under these Rules.
Next section to be g.
h. For the purpose of this section, the day of the Town Council meeting shall be considered a business day prior to the meeting.
ITEM:
13. A. (Continued)
Article VII – Ordinances and Resolutions
Section 1 - Introduction
- All Ordinances and Resolutions except those relating to appointments or designation of officers of the council or its internal procedures shall be introduced in written form, (Charter, Section 306). It shall be the duty of the Clerk of the Council immediately upon introduction of a written ordinance to prepare at least fifteen copies of each such proposed ordinance, one copy of which shall be retained in the Town clerk’s Office for public inspection, and one copy to be posted in a public place in the Town office building. For the convenience of the public, copies shall be placed in each of the Town’s public libraries and, if feasible, should be posted on the Town’s website.
c. Any Ordinance shall be introduced and a time and place set for Public hearing as follows:
BE IT RESOLVED an Ordinance entitled: (Name Ordinance) on file in the Town Clerk’s Office is introduced and (state date, time and location) is set for a Public Hearing on said Ordinance.
Article VIII – Appointments or Removals by the Council
Section 4 – Notification to Town Clerk
Resignations of elected Town officials shall be submitted directly to the Town Clerk, with a copy to the Clerk of the Council. Further, the Clerk of the Council shall advise the Town Clerk in writing of all subsequent appointments to fill unexpired terms of elected officials within three (3) days of action by the Town Council on such resignation and/or appointments.
ITEM:
13. A. (Continued)
Article IX – Committees
Section 7 – Standing Committees
- The following Standing Committees, consisting of three (3) or more Members from the Council (which includes the Mayor), shall be appointed by the Mayor within two (2) weeks of the adoption of the Rules and Procedures, temporary or otherwise by the Council and shall be subject to confirmation by the Council.
Audit Committee
Committee of Ethics
Energy Committee
Education Committee
Financial Planning Committee
Personnel Committee
Public Health & Safety Committee
and such other Standing Committees as the Council may from time to time approve.
Public Health and Safety Committee
The purpose of this committee shall be to study our problems of both public health and safety, and bring to the attention of the Council whatever measures the committee believes necessary to improve our standards in both of these fields; also, to maintain liaison between the Board of Education, the Planning and Zoning Commission, the Town Manger, the Water Pollution Control Authority, the Volunteer Fire Department, the Volunteer Ambulance Service Provider for the Town, and the Council.
17. Public Input
None
ITEM:
18. Communications and Petitions from Council
Councilor Pendleton requested that at the next Town Council meeting a proclamation be given to the South Windsor Panther Cheerleaders who won the State Competition.
Councilor Mirek requested a discussion item on the next agenda regarding the business incubator.
19. Executive Session
None
20. Adjournment
At 10:21 p.m. Councilor Wagner 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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