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Town Council Regular Meeting Minutes 9/2/2014
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  September 2, 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 Cary Prague
        Councilor Carolyn Mirek
        Councilor Janice Snyder
        Councilor Stephen Wagner

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

5.      Public Input

Ms. Joan Walsh, Arthur Drive came forward and explained that on Sunday, September 7, 2014 the School House Committee and Historic Society will be holding tours of the Old School House.  Anyone who is interested can take a Post Road Stages bus, free of charge, from the Wapping Fairgrounds to the old school house at 11:00 a.m., 12:00 p.m., 1:00 p.m. and 2:00 p.m.  This is free to the public and at the Old School House cider and donuts will be served.

Mr. Roy Normen, 158 Homestead Drive stated that last week there was a meeting with the Mayor and the Town Manager where concerns were expressed regarding a violation of the Charter, Section 301 and also a violation of the Council rules.  The matter in violation of the Council rules has been rectified.  Section 301 reads, “No member of the Council shall be elected or appointed to any office or shall accept employment by the Town during the term of office for which he is elected”, therefore the employment of the Town Attorney is in question.  It is also felt that the Council should ask for an independent opinion on this matter.


ITEM:

5.      Public Input (Continued)

Mr. Cody Guarnieri, 492 King Street came before the Council and submitted a petition which references the publics feeling that issues are not being addressed in a timely fashion.  It is hopeful that business moves forward.

Mr. Robert Hornish, 79 Benedict Drive explained that his concerns are regarding the $12 million dollar referendum for the bond issue for road and drainage repairs/improvements and the replacement for vacancy on the Council.  Mr. Hornish stated he would like to see action taken on these items and is hopeful that each of these will be passed.

Ms. Lorraine Gaffney, 300 Benedict Drive stated that in June the Council was given a petition regarding the roads in the Avery Heights neighborhood and she is hopeful that the Council will consider passing the resolution for the $12 million dollar referendum to be held in November so that road improvements in the Town can begin.

Mr. Kevin McCann, 170 Lisa Drive came forward to discuss the road and drainage referendum.  As part of the referendum a plan should be shown as to how the money is going to be used.  Bonded money should not be used for routine maintenance.  Routine maintenance consists of chip sealing of oil and stone roads and resurfacing of roads.  The rebuilding of roads is something that is a capital improvement project and should be included in the bond as well as drainage issues, additional drains put into the roads and culvert replacements.  The bonds should be used for long term projects, not for short term solutions which should be part of the ordinary operating budget of the Town.

Ms. Honora Futtner, 1629 Main Street voiced her support for the appointment of Andy Paterna.

Mr. Taseen Anwar, 93 Rockledge Drive came forward and voiced his disappointment that Councilor members abstained during critical votes at the last meeting.

Mr. Michael Belisano, 606 Rye Street also stated his disappointment with the lack of action regarding the EOC.  There are 26,000 residents in South Windsor with many of them being seniors.  The Town Council must strive to ensure the safety of all Town residents and part of that means the Town Council must strive to protect the safety of our residents that are most vulnerable and senior citizens fall into that category.


ITEM:

6.      Environmental Health & Safety Message

Councilor Mirek informed the Council and public that September is Turn the Town Teal Month which is to increase the awareness regarding ovarian cancer and its symptoms.  Teal ribbons will be seen all around Town.

Mayor Anwar added that ovarian cancer is a cancer that if identified early can be treated.  Because of its non-specific symptoms, only 19% of patients are in early stages.  Mayor Anwar then stated that September is also Preparedness Recognition Month.  Every community and every home needs to be better prepared and should prepare an emergency plan for different scenarios.

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 (2 sets) of July 21, 2014; Special Meeting Minutes of August 25, 2014; and Regular Meeting Minutes of July 21, 2014.

Was made by Councilor Wagner
Seconded by Deputy Mayor Havens
The motion was approved, unanimously

8.      Public Petitions

Mayor Anwar stated that the Town Council members received a public petition today and is hopeful that this petition will be resolved.  The Avery Heights neighborhood presented a public petition to the Council in June and it is hopeful that the referendum that is on the agenda tonight will be approved and will go forward.

9.      Communications from Officers and Boards Directly Responsible to Council

None

10.     Reports from Standing Committees

None

11.     Reports of Temporary Committees

None

ITEM:

12.     Consent Agenda

None

13.     Unfinished Business

  • Resolution Appointing Andrew Paterna (D) to the South Windsor Town Council
BE IT RESOLVED that the South Windsor Town Council hereby appoints Andrew Paterna (D) to the South Windsor Town Council for a term ending November 9, 2015 to fill an unexpired term of Keith Yagaloff.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner

Deputy Mayor Havens stated he is happy to appoint Andy Paterna to the Council.  Mr. Paterna has been a life long resident of South Windsor and is an individual who cares about South Windsor.  

Councilor Snyder said she is thrilled to serve on the Council with Andy Paterna.  The only issue that the Republicans had with the appointment of Andy Paterna is that the Council was not following the rules, which has been resolved.   

Councilor Wagner stated that Andy has been very involved with the Park & Recreation Commission and is very happy to appoint him to the Town Council.

Councilor Delnicki welcomed Andy Paterna to the Town Council and stated he is glad to have him as part of the Council.

Mayor Anwar stated that South Windsor is blessed with amazing volunteers.  Mr. Paterna has a broad strong vision and is able to implement those visions.  Mayor Anwar said he is thrilled and the Town Council is here to support Mr. Paterna.  Mayor Anwar also mentioned that Councilor Cary Prague is an amazing person who though he is having his own difficulties but comes serves his Town at every Town Council meeting.  


ITEM:

13.     A.      (Continued)

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

Mrs. Lori Trahan, Town Clerk came forward and swore in Mr. Paterna as a Council Member of South Windsor.

Councilor Paterna thanked everyone for this honor.  The Town Council keeps the Town moving forward and he is honored to be part of this.  Councilor Paterna stated he is anxious to get moving and hopes that he can be a part of moving South Windsor forward.  

14.     New Business

A.      Resolution Accepting the Resignation of Carol Driscoll (D) from the Board of Education

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Carol Driscoll (D), said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Carol Driscoll for the time she has dedicated to serving her community by her membership on the Board of Education.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner

Deputy Mayor Havens stated that Carol Driscoll is his niece.  She has been a dedicated member of the Board of Education and has been a very effective member.  The Board of Education will thoroughly miss her on the board.  

Councilor Snyder said she worked with Carol on the Board of Education and she always stepped up to the plate by sitting on different Committees and Commissions.  She was a delight to work with and Councilor Snyder wished her the best of luck and best of heath.

Mayor Anwar stated that Carol has played a critical role on the Board of Education as well as various other parts of our Town volunteer work.  She will be missed.

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

ITEM:

14.     New Business (Continued)

B.      Resolution Supporting the South Windsor Plan of Conservation and Development

WHEREAS, the Town of South Windsor Planning and Zoning Commission adopted the Town Plan of Conservation and Development on July 23, 2013 and became effective on August 18, 2013; and

WHEREAS, a survey conducted as part of the 2013 Plan of Conservation and Development found that 68% of residents felt it is important for South Windsor to have a “Town Center”; and

WHEREAS, the Planning and Zoning Commission, with the assistance of the consulting firm, Planimetrics, has engaged the property owners and the general public in discussions over the past nine months to formalize that vision for South Windsor Center; and

WHEREAS, the goal for South Windsor Center is to create a town center area with a vibrant sense of place with mixed use development, shared parking and pedestrian friendly traffic patterns in a village ambiance; and

WHEREAS, the Town Council held a public hearing on July 21, 2014 to receive public input on the proposal; and

WHEREAS, the South Windsor residents and general public as well as the sitting Town Councilors support in concept the goals and strategies which were presented; and

WHEREAS, the Town Council commended the Planning and Zoning Commission for initiating and bringing forward this important proposal for the Town of South Windsor

NOW, THEREFORE, BE IT RESOLVED that the Town Council supports the changes being proposed to Section 9 of the Town Plan of Conservation and Development and looks forward to the creation of a vibrant South Windsor Center bringing future economic development and residential opportunities in a pedestrian friendly destination for the region.

(Resolution Continued on Next Page)


ITEM:

14.     B.      (Continued)

Was made by Councilor Snyder
Seconded by Councilor Delnicki

Councilor Snyder stated that the Town residents are really looking for a town center concept where people can walk, shop, go to a restaurant and have some type of living space.  This is a great plan and Councilor Snyder commended Ms. Michele Lipe who is the Director of Planning and the volunteers who serve on the Planning & Zoning Commission.  Anyone interested in seeing the plan should go to the Town website.

Councilor Wagner reiterated that the Planning & Zoning Commission has worked very hard to develop this plan.  The Town will not be spending money to make this happen.  This concept has been implemented in to many other communities and South Windsor should do this to stay competitive.  Councilor Wagner questioned if there is another section that is also being amended?

Ms. Lipe, Director of Planning explained that section10 which is the northern section of Route 5 there is a small change being proposed to create some flexibility for property owners to take advantage of economic development in that area.  

Councilor Wagner made a friendly amendment to modify the resolution to include section 10.  

Councilor Snyder questioned if the Council would need to do that?  Ms. Lipe stated that the Council was forwarded both sections for comment.  The public hearing was on Chapter 9, not on 10.  The Council could support those recommendations, but this resolution is specifically geared after the public hearing on Chapter 9.  The public hearing is still open on the Town Plan until September 9, 2014.  Any comments are welcomed and encouraged.

The friendly amendment was not implemented.

Councilor Delnicki suggested that the Council get a presentation on Chapter 10 also.  Ms. Lipe stated that she could do that at the next meeting.

(Resolution Continued on Next Page)


ITEM:

14.     B.      (Continued)

Mayor Anwar stated that the Town Council is not required to approve this but is doing so to support all of the hard work that the Planning and Zoning has done.  This opportunity is also being used to educate the community to be aware of what is happening.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.
C.      Resolution Appropriating $12,000,000 for the Planning, Design, Acquisition and Construction of Various Road Paving and Drainage Improvements and Authorizing the Issuance of $12,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose, and as more fully described in attached Exhibit A.

Was made by Councilor Wagner
Seconded by Councilor Pendleton

Mayor Anwar explained that if you look at the wording of this, some people will feel it is vague.  The wording needs to be vague because the Town is always looking for opportunities to get grants from the State.  If a specific part of the Town is outlined that would hurt the Town’s opportunity to apply and receive grants for different projects.

Mr. Galligan stated that there is a list and map that has been created which the Town will be referring to that prioritizes projects.  There are times when the Town comes across grants and could possibly get some of the priorities completed with those grants.  The Town funds would then be used to go to the next priority.  The list and map are on the website.  Town staff will keep the Town Council informed of the status of projects.  It takes time for the projects to be done.  

Councilor Delnicki questioned how the public would be notified as to what are the priorities that will be addressed?  Mr. Galligan explained that there are neighborhood meetings that are held which will be posted on the website, public hearing notices and letters will be sent to those neighborhoods.  

(Resolution Continued on Next Page)


ITEM:

14.     C.      (Continued)

Councilor Delnicki also questioned if there would be a running calendar with projected roads to be done that is updated regularly?  Mr. Galligan said that could be done.  Councilor also requested that if there are opportunities with grants, that should also be shown on the calendar.

Answering further questions from the Council, Mr. Galligan explained that Governors Highway is redlined and the Town knows there is a drainage issue.  The road will be completely reconstructed.

Mayor Anwar explained that the color coded map was created for transparency.  The plan is based on needs and the Town will try to take care of the items that need the most work.  As part of the budget, the Capital Projects have also been increased.  The Town Council is strategically putting money and resources into Capital Projects and hoping this Infrastructure Bond will pass to continue to strengthen the Town’s infrastructure.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.
D.      Resolution Providing for Referendum of Town Electors

BE IT RESOLVED that the Resolution entitled “Resolution Appropriating $12,000,000 for Planning, Design, Acquisition and Construction of Various Road Paving and Drainage Improvements and Authorizing the Issuance of $12,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, heretofore at this meeting adopted, be submitted to the Town electors for approval or disapproval at a referendum to be held in conjunction with the general election to be held Tuesday, November 4, 2014, and that the warning of said referendum state the question to be voted upon as follows:

“Shall the resolution entitled “Resolution Appropriating $12,000,000 for Planning, Design, Acquisition and Construction of Various Road Paving and Drainage Improvements and Authorizing the Issuance of $12,000,000 Bonds of the Town to Meet Said Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings for Such Purpose”, adopted by the Town Council on September 2, 2014, be approved?”

(Resolution Continued on Next Page)


ITEM:

14.     D.      (Continued)

The ballot label for said question will read as follows:

“Shall the resolution appropriating and authorizing bonds in the amount of $12,000,000 for the planning, design, acquisition and construction of various road paving and drainage improvements be approved?  YES   NO.”

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

E.      Resolution Authorizing the Bond Counsel to Draft Explanatory Text for the Upcoming Referendum Regarding Various Road Paving and Drainage Improvements

BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Bond Counsel to draft explanatory text for the upcoming referendum regarding various road paving and drainage improvements.

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

  • Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Construction of New Sidewalks on a Portion of Ayers Road to Connect the Upper Parking Lot at the Little League Complex to the South Windsor High School Driveway
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, September 15, 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 construction of new sidewalks on a portion of Ayers Road to connect the upper parking lot at the Little League Complex to the South Windsor High School driveway.

Was made by Councilor Delnicki
Seconded by Councilor Pendleton

(Resolution Continued on Next Page)

ITEM:

14.     F.      (Continued)

Councilor Delnicki requested that a map be placed on the website and any residents that are effected by this project be notified.

Councilor Mirek added that students of South Windsor High School park in this area and the creation of a sidewalk will be a way they can go back and forth safely.

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

  • Resolution Accepting a Street within the Dzen Tree Farm Subdivision
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for a street within the following Subdivision

Dzen Tree Farm Subdivision

Frazer Fir (partial)     -     1,050 linear feet

Was made by Councilor Snyder
Seconded by Councilor Pendleton

Mr. Galligan explained that the Town has to officially accept the road so the Town will be responsible for it.  The Town will be responsible for plowing and maintaining it instead of the developer.

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

H.      Discussion Item:  Solar Farm on Barber Hill Road

Mr. Galligan explained that recently legislation has changed and the State of Connecticut now has something called virtual net metering which makes it possible to not have a direct connection from a building to a meter.  A solar farm can be established that can create a certain amount of energy or electricity.  The town would wind up wit a credit that can reduce an electricity bill.  There have been discussions held with a company from Florida, GEI.  There would be a need to have 20 to 30 acres and on Barber Hill road it would be next to a big power plan which would keep costs down.  The power

(Discussion Continued on Next Page)
would go through a generator box or switching mechanism which would allow electricity to go through.  The land could be leased and any funds generated through this project should go tot the open space fund.  This type of project would help reduce costs in town buildings.  Mr. Galligan stated he would like to know the Councils stance on this issue and feels that if the Council is in favor of moving forward with further discussions regarding the creation of a solar farm, then a sub-committee should be established consisting of a member from the Energy Committee, SWALPAC, Open Space Task Force, IWA/CC, Council and the Planning & Zoning Commission.

Councilor Delnicki stated that the last time the Council had discussions on this subject, there were concerns expressed by the Open Space Task Force and SWALPAC.  The Council should be sure to address all and any concerns that were expressed.  Councilor Delnicki then said that he would be in support of funds generated by this project being used for the purchase of open space as well as maintenance of open space.

Councilor Wagner voiced his support of the idea of the creation of a solar farm and said he looks forward to working with all of the different Boards/Commissions.

Answering questions from the Council, Mr. Galligan explained that there are 110 acres on Barber Hill Road that are presently farmed.  For the creation of a solar farm, 20 to 30 acres would be needed.  Mr. Galligan said he would not know the benefit to taxpayers until negotiations were held with C L & P to see what they are willing to pay for the credit.   When the Town looked at putting solar on the Town buildings, there was a savings of approximately $168,000.  Mr. Galligan then explained that the property where solar farms could be established under power lines have been identified, but the Town should work with the Barber Hill property first and if it is successful the rest of the properties could be discussed.  

Council members gave consensus of beginning discussions regarding the creation of a solar farm.

Mayor Anwar stated that if something is established it would come back to the Council for approval.

15.     Passage of Ordinance

None

ITEM:

16.     Communications and Reports from the Town Manger

Mr. Galligan stated that Dan Marsh who has been the Town’s Financial Advisor on the Connecticut Studios project is here tonight as well as a member representing DCK.  It is imperative that the Council go into Executive Session tonight for discussions with both these individuals.  There are time frames at the State level for the fuel cell and some other items that really need the Town’s attention.  

17.     Public Input

None

18.     Communications and Petitions from Council

None

At 8:17 p.m. the Council took a five minute recess.  The meeting reconvened at 8:25 p.m.

19.     Executive Session

At 8:26 p.m. Councilor Wagner made a motion to go into Executive Session to discuss one possible tax assessment agreement which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to C.G.S. §1-210(b)(1) and §1-210(b)(5)(B) regarding The Connecticut Studios project.  Deputy Mayor Havens seconded the motion; and it was approved, unanimously.

The following individuals went into Executive Session:  Mayor Anwar; Deputy Mayor Havens; Councilor Pendleton; Councilor Prague; Councilor Snyder; Councilor Wagner; Dan Marsh, National Development Council; Andrew Toff, dck; Town Attorney Keith Yagaloff; and Town Manager Matthew Galligan.

At 10:10 p.m. Councilor Delnicki made a motion to adjourn Executive Session.  Councilor Wagner seconded the motion; and it was approved, unanimously.


ITEM:

19.     Executive Session (Continued)

Coming out of the Executive Session, Mayor Anwar explained that in Executive Session dck reviewed the project in regards to financial information and discussed the steps going forward.

Mr. Galligan explained that dck will be developing a new plan and Development Agreement.

20.     Adjournment

At 10:11 p.m. Councilor Wagner 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