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Town Council Special Meeting Minutes 8/28/2014
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  August 28, 2014



TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall

1.      Call Meeting to Order

Mayor Anwar called the Special Meeting to order at 6:00 p.m.  

2.      Roll Call

Members Present:        Mayor M. Saud Anwar
        Deputy Mayor Edward Havens
        Councilor Carolyn Mirek
        Councilor Liz Pendleton
        Councilor Janice Snyder
        Councilor Stephen Wagner

Members Absent: Councilor Thomas Delnicki
        Councilor Cary Prague

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

3.      Public Participation

Mr. Matthew Riley, 12 Heatherwood Drive came before the Town Council to voice his concerns regarding the plan for the Regional EOC/Business Incubator.  The plan has not been well vetted.  The property was originally purchased for $1.1M and $1.4M was what was put in the 2013 STEAP grant application.  The total for plan improvements which was listed in the 2013 STEAP grant application show $1.2M.  The 2014 STEAP grant application shows $1.7M to renovate that facility.  There is 4,000 square feet that is planned to be used and Mr. Riley stated he would like to know why there is a need for that amount of square footage for the EOC.  This facility has been slated as a regional facility and South Windsor has all of the burden.  Taxpayer money should not be used to support a business incubator.  A lot more research should go into the proposal of a business incubator.  

Mr. Al Larson, 46 Jacques Lane came forward and announced that the Skate Board Park grand opening was held at Nevers Road on Saturday, August 23, 2014.  The grand opening was very successful and Mr. Larson thanked everyone involved in the planning of this grand opening.



ITEM:

3.      Public Participation (Continued)

Mr. Roy Normen, 158 Homestead Drive stated that he read in the newspaper that the West Road Fire Station is restricted for what can be housed in that building by the referendum.   Mr. Normen urged the Town Council to hold another referendum that would support opening up the use for other municipal uses.  The STEAP grant should be used to fund the turf field at the High School.  The Town should not be spending money on the building for the EOC because there are a lot of renovations necessary.  

Mr. Andy Paterna, 301 Strawberry Lane came before the Town Council to voice his support for the Emergency Operation Center.  There have been experienced people who support this project such as Senator Gary LeBeau, State Representative Bill Aman and State Representative Tim Larson.  

4.      Communications

Town Manager Matthew Galligan stated that the Town bought the Old Post Office building because of its location.  Mr. Galligan explained that he came up with a plan but then when the budget came around the money was taken out of the line item where funds were being saved to renovate this building.  Orchard Hill School can not be used for the EOC because fiber optics can not be run to that building.  Presently a training room at the Police Department is being used for the EOC.  Plans have been established for a long time with qualified staff.  This project can be used regionally after the project is established.

Councilor Pendleton informed the Council and public about the Space Allocation Committee meeting.  The Committee discussed the possibilities of what could be housed in the old ambulance space at Company 3.  Many options were discussed and a written legal opinion is being waited upon as to what could go into that building.  It was discussed why it could not become the EOC and the various options of who may be housed in that building.  


ITEM:

5.      Special Business

A.      Resolution Regarding Compromise of Blight Liens

WHEREAS, the property located at 2362 Ellington Road within the Town of South Windsor (the “Property”); currently is in a blighted condition, as defined in Chapter 50 of the Town Code, and has been maintained in that blighted condition for more than a year; and

WHEREAS, the Town previously issued a citation to the Property owner and the Property currently is accruing blight liens in the amount of $100 per day; and

WHEREAS, the Property is currently a bank-owned property and is in the process of being sold; and

WHEREAS, the potential buyer is willing to commit to rectifying the blighted condition within six (6) months of purchase; and

WHEREAS, the existing blight liens that have accrued exceed $44,000; and

WHEREAS, the sale of the property to this buyer cannot be completed unless the issue of the accruing blight liens is resolved; and

WHEREAS, after careful consideration, the Town Council finds that it is in the best interests of the Town to compromise the existing blight liens so that the Property may be sold to this proposed buyer and the blight promptly remedied thereby

NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor hereby authorizes a compromise of the existing blight liens on the Property for a payment of one half of the amount accrued as of the closing date and conditioned upon the proposed buyer entering into an agreement with the Town to remedy the blight within six (6) months of the date of the sale as set forth herein; and


(Resolution Continued on Next Page)

ITEM:

5.      A.      (Continued)

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to execute an agreement with the buyer to release the blight liens that have accrued or will accrue on the Property as of the date of the closing contemplated herein and upon receipt of the payment of 50% of the blight liens owed as of the date of closing along with an executed agreement on the part of the buyer to remedy the blight within six (6) months, otherwise, said liens to remain in full force and effect; and

BE IT FURTHER RESOLVED that by this compromise, the Town is not waiving and reserves all rights to enforce its Blight Ordinance should the Property’s blighted condition not be promptly remedied and/or if the Property’s condition violates the Blight Ordinance in the future.

Was made by Councilor Snyder
Seconded by Councilor Wagner

Mayor Anwar stated that this topic has been discussed in previous Executive Sessions.  An Ordinance has been established to help protect the neighborhoods and community.  There are situations where the taxes owed to the Town increases to an amount where is becomes difficult for new owners to be able to take on the responsibility of rectifying blight issues.  This resolution will hold the new property owner responsible for cleaning up the property.  This resolution helps new owners to rectify a blight issue as well as it will help a neighborhood.

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

Councilor Wagner made a motion to Suspend the Rules in order to take Item 6, Executive Session out of order.  Councilor Pendleton seconded the motion.  It failed on a roll call vote of 4 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of Suspending the Rules in order to take Item 6 out of order and Councilor Mirek and Councilor Snyder voting in opposition of Suspending the Rules in order to take Item 6 out of order.

ITEM:

5.      Special Business (Continued)

Mr. Galligan stated that there is not a need to have an Executive Session to talk about the contract with bargaining unit because the contract has been radified.  The contract went to mediation and there is a settlement on it.  The contract calls for three years at 2 ½% increase each year in salaries but will not be retroactive for the first year because there is nothing the Town would be getting for the first year.  When they get their 2 ½% increase this year, employees will be paying 35% towards their cost for heath which will help bring the Town’s cost down with Anthem.  Therefore the contract really nets itself out to a 0 sum.  The other portion is there is some managerial language change.  The raise will help the Town be more competitive and help keep employees.
 
Councilor Wagner made a motion to Suspend the Rules in order to take Item 5. C. out of order.  Councilor Pendleton seconded the motion.  It failed on a roll call vote of 4 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of Suspending the Rules in order to take Item 5. C. out of order and Councilor Mirek and Councilor Snyder voting in opposition of Suspending the Rules in order to take Item 5. C. out of order.

B.      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

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

(Resolution Continued on Next Page)
ITEM:

5.      B.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manger, 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 Manger 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 Snyder
Seconded by Deputy Mayor Havens

Councilor Wagner made a motion to postpone consideration of this motion until the September 2, 2014 meeting.  Deputy Mayor Havens seconded the motion.  The motion failed (due to Article 10, Section 1 which states “No vote except to adjourn or to fix time and place of the next meeting shall be adopted by less than five (5) affirmative votes (Charter, Section 304)”, on a roll call vote of 4 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of the motion; and Councilor Mirek and Councilor Snyder voting in opposition of the motion.

Mayor Anwar questioned what the rules say about the Council following the Roberts Rules of Order?  Town Attorney Yagaloff stated that the Council would follow the Charter first, then the by-laws.  If the by-laws do not have a specific answer then the Council would refer to Roberts Rules of Order.  The Town Council rules state that no vote other then adjournment or to fix time and place of the next meeting shall be adopted by less then five (5) affirmative votes.  The Town Council Rules and Procedures will control over the Roberts Rules of Order.  

Town Manager, Matthew Galligan also determined that five votes would be necessary.  The only thing that the Town Council can do is adjourn with less then five vote or to set a time and place for the next meeting.  

(Resolution Continued on Next Page)
ITEM:

5.      B.      (Continued)

Councilor Mirek stated that she would feel more comfortable if there were more discussion on this item.  There needs to be more in the resolution explaining where the other $700,000 would come from.  There have been promises to residents in South Windsor when the previous Town Council approved a field project which was contingent on funding.  More recently the Town Council approved the high school field and there is no funding for that.  The public has requested that the Council prioritize projects before moving forward with this project.

Mr. Galligan explained that four years ago the Council came to him and said that according to the CIAC study, the fields at the high school were in bad condition.  The Red Sheppard Field was redone with $476,000.  A study was then complete which stated that the high school field should then be turf and then the field below.  This report went out to the Council and it was never funded.  A Committee was then established to look at the 11 acres on Nevers Road.  The CIAC study had nothing to do with the 11 acres.  Mr. Galligan said he has worked with the Superintendent and had price quotes recently of $676,000.  The Superintendent’s staff did a great job in making their presentation to the Board of Education.  Five years ago the price tag was $1.2 million dollars and $876,000 for the field below.  Mr. Galligan said he would like to move forward with the high school field under the Capital Projects.  Farmington just went out to bid and their field cost was $1.3 million dollars.  Wilton’s cost is at $1.4 million dollars.  The cost is what is under the fields for drainage and DEP regulations, not the turf itself.  South Windsor would have to take out what is on the field and change the irrigation system.  Presently the field is being looked at for design, and then it will go out to bid in order to get a price on how much it would cost for this field.  The Council needs to make a decision on this project.

Mayor Anwar stated to try to stop a project like the EOC because the field is not yet created is not fair to the larger community.  An EOC is for each individual in the community.  The Town is vulnerable and South Windsor needs to be able to invest in the safety and security of the community.  The professionals such as the Police Department, Fire Department and the Assistant Manager for emergency management have all said the Town needs this EOC.

(Resolution Continued on Next Page)
ITEM:

5.      B.      (Continued)

Councilor Wagner stated that the Old Post Office is an adequate size.  A study was done and presented to the Council in April of 2014 by the Lawrence Associates and part of that cost figure that the Town Council has heard about is dealing with the shortcomings of that building.

Mr. Galligan added that the Lawrence Associates was also asked about the cost to take that building down and building a brand new building.  The cost was too expensive.

Deputy Mayor Havens stated that when the Old Post Office went up for sale it was felt that the Town should buy that building because it was designed to fit with the South Windsor Town Hall.  Over the years there have been ideas of what the building should be used for.  It is hopeful that the building will come to some use and will create a South Windsor campus.  

Councilor Mirek explained that she is in support of an EOC but feels the funding for this project is not solid and the price tag has gone up.  The Town did not receive the last STEAP grant and is not sure if will get another one.  Is there a way to scale down the project?  There are a lot of unanswered questions.

Mr. Galligan stated that the price has not gone up.  There was a mechanism to get this project done by putting funds aside each year.  There is $268,000 in the LoCIP fund.  The Town would lease the IT equipment so that every three to four years the Town would have the most up to date equipment.  An Emergency Operations Manager has been hired.

Mayor Anwar stated that the Town would have to apply for a grant which if the Town received the grant there would be $1 million dollars towards this project.  The professionals who deal with the safety and security of the community every day are saying that the EOC is needed.

Councilor Pendleton stated that she supports the Town Manager applying for a STEAP grant for the EOC.  Councilor Pendleton said she would like to know that the first responders of this Town are protected as well at 26,000 citizens.  The Old Post Office is the perfect location for an EOC.

(Resolution Continued on Next Page)
ITEM:

5.      B.      (Continued)

Councilor Mirek clarified that the 2013 application for the EOC STEAP grant was for $1.2 million dollars and for 2014 it was $1.7 million dollars.

Mayor Anwar called for a vote on the motion; it failed on a Roll Call vote of 4 to 0 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of the motion; and Councilor Mirek and Councilor Snyder abstaining.

  • 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 Mirek
Seconded by Councilor Wagner
The motion was as follows:  failed on a roll call vote of 4 to 0 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of the motion; and Councilor Mirek and Council Snyder abstaining.

Councilor Wagner made a motion to Suspend the Rules to take Item 6 (Executive Session) out of order.  Councilor Pendleton seconded the motion.  The motion was approved, unanimously.

At 7:08 p.m. Councilor Wagner made a motion to go into Executive Session to have a discussion of documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. §1-200(6) and §1-210(b)(5)(B) regarding The Connecticut Studios project.  Councilor Pendleton seconded the motion.


ITEM:

The following individuals were invited into the Executive Session:  Mayor Anwar, Deputy Mayor Havens, Councilor Mirek, Councilor Pendleton, Councilor Snyder, Councilor Wagner, Town Manager Matthew B. Galligan and Town Attorney Keith Yagaloff.

Mayor Anwar called for a vote on the motion; it failed on a roll call vote of 4 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Pendleton and Councilor Wagner voting in favor of the motion; and Councilor Mirek and Councilor Snyder voting against the motion.

7.      Adjournment

At 7:10 p.m. Mayor Anwar made a motion to adjourn the Special Meeting.  Councilor Wagner seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council