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Town Council Regular Meeting Minutes 10/6/2014
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  October 6, 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 Cary Prague
        Councilor Carolyn Mirek
        Councilor Janice Snyder
        Councilor Stephen Wagner

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

After the Roll Call was complete, Mayor Anwar presented Jeanette Porcello a proclamation congratulating her for being chosen as the 2014 Young Woman Philanthropist of the Year.

5.      Public Input

Mr. Linc Streeter, 56 Bramblebrae came forward and questioned if the letter submitted to the Town Council would be read into the record?  Mr. Streeter then explained that the biggest problem we ever had in Town was the low level radioactive waste situation.  A meeting regarding this issue took 7 ½ hours and gave everyone an opportunity to speak.  At that time the residents were not given only 3 minutes.  Apparently the Council does not want to have the public speak and be heard.  

Mr. James Throwe, 1330 Main Street stated that in 1965 no one wrote any letters.  There were not all of the FOI rules that there are today.  There was a 5-4 Democratic majority.  The Council had the 3 minute rule and was able to have the meeting and adjourned the meetings at 10:00 p.m.  Mr. Throwe said he prefers having a small firm for the Town Attorney position.  When a large firm is used there are a lot of lawyers and a small firm knows the Town’s business.  

ITEM:

5.      Public Input (Continued)

The Town Council should get busy and do the Town’s business such as taking care of the roads, schools and the budget.

Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated that if he were on the Council he would be concerned about the lack of financial information.  Mr. Gonsalves said for one year he has requested information and he has not received it.  The Water Pollution Control has $1 million dollars in their budget that no one can explain.  Two issues he has brought up are health benefits and pensions.  The Town has a 401K plan that is four times as rich as private industry.  The Town has a defined contribution plan which is 38% of payroll, the State is 14%.  Mr. Gonsalves requested to have the Council discuss the Finance Department, where the law suit stands and who is doing the finances for the Town at this time?

Mr. Roy Normen, Homestead Drive said that the Charter violation is not a political issue as stated.  After discussing this with a number of other attorney’s, they have also agreed that this is a violation of the Charter with the appointment that you are making with a sitting Council member.  The Robinson & Cole opinion has been stated as being weak.  There has been intentional delay to get the opinion until after Andy Paterna was seated.  Mr. Throwe mentioned past Town Attorney’s that were in small firms and when you look at those past Town Attorneys, they were experienced in municipal law.  This is the not the case with your current appointment.  It also appears that the appointment may violate the Town ordinance regarding Ethics and Conflict of Interest when he communicated with the Robinson & Cole attorney.  The Charter violation was never intended to be a political issue but one to be rationally resolved.

Mr. Matthew Riley, 12 Heatherwood Drive stated that there are three issues that need to be addressed regarding the appointment of the Town Attorney.  1) the violation of the Town Charter; 2) Is it ethical for a sitting Councilor to apply for a six figure Town position while he is on the Council; and 3) at a minimum this appointment may be in violation of the Charter and don’t believe that there is the appearance of wrong doing then you must at a minimum have an iron clad case for why the individual or the firm in this case is appointed and the Council members in support of this appointment do not have that.  There is no explanation that can adequately address why a firm with minimal experience, if any, representing a municipality is being put forth to represent a Town of well over 25,000 residents.





ITEM:

5.      Public Input (Continued)

Ms. Cindy Beaulieu, 19 Cody Circle explained that in the past Attorney Panico was verbally accosted for his suggestions at the legality of a 6320 Corporation by some of the very same people sitting here now riding on his opinion as if it is gold.  Attorney Panico is the Town’s Bond Counsel and the issue of the hiring of the Town Attorney is outside of his expertise.  Councilor Yagaloff can resign from the Council but his term still exists and he should not be appointed Town Attorney.  When requested to get an opinion on whether the Charter was violated, it took two weeks and there were communications between the now Town Attorney and the Attorney who was asked to render the opinion.  That is an ethical violation.  The Town should be asking for a third opinion.

Mr. Mike Belsano, 606 Rye Street came forward and stated that certain elements within the Board of Education would stand in opposition to the final approval of the Emergency Operation Center.  The successful approval of the EOC will ensure the safety and security of our teachers, administrators and most importantly our students.  Please remember as elected leaders of the Town Council and Board of Education you are morally bound to protect the safety of our children first.

Ms. Kathy Daugherty, 12 Roy Road and also Chair of the Republican Town Committee stated that she is concerned about the newspaper article in the Journal Inquirer that the Republicans will seek a law suit if the Keith Yagaloff & Associates is appointed the Town Attorney.  The Republicans were never going to have a law suit but she did say that the Town of South Windsor has financial issues and education issues that need to be addressed.  Ms. Daugherty explained that when she found this problem with the appointment of the Town Attorney she met in private with the Mayor, Town Manager, Roy Normen and Councilor Pendleton before the Republican Team knew anything.  This was never about a vendetta against Keith Yagaloff but it was about a violation of the Town Charter.  The Republicans will follow the Charter because that is what you are sworn to protect.

Councilor Carolyn Mirek read two letters into the record regarding a violation of the Town Charter with the appointment of Keith Yagaloff & Associates as the Town Attorney from Mr. Pete Lund, 91 Laurel Streeter (Exhibit A); and Mr. Linc Street, 56 Bramblebrae (Exhibit B).  Councilor Carolyn Mirek also read another letter into the record from Mr. Marc Finer regarding Town athletics and Jewish Holidays (Exhibit C).



ITEM:

5.      Public Input (Continued)

Mayor Anwar explained that he has spoken to Mr. Finer and then reached out to the Town Manager, Board of Education, Rabbi Plavin and Ray Favreau to try to address this issue.

6.      Environmental Health & Safety Message

Councilor Wagner informed the Council and public that a law called “The Vulnerable User Law” took effect on October 1, 2014.  This law recognizes that a total of 10,793 pedestrians or bicyclists were injured or killed on Connecticut roads between 2006 and 2012.  The law will hold accountable a driver who injures or kills a pedestrian, bicyclist or other non-motorized vulnerable user.  The law establishes a $1,000 fine.  Councilor Wagner encouraged people to follow the Golden Rule which is “Do unto others as you would have them do unto you”.

Councilor Mirek informed the Council and public that October is Breast Cancer Awareness Month.  This week (October 5th through the 11th) is Latex Alergy Awareness Week.  This is a life threatening anaphylaxis that will occur around latex or if food products are prepared with latex.  Be aware of this condition.

Mayor Anwar added that a person with a latex allergy should have an identification bracelet in order for others to be aware of their allergy in case of an emergency.

Mayor Anwar then discussed the Ebola Virus.  The Town has already been looking at what needs to be reasonably done to make sure South Windsor is prepared if there is any threat to our community.

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:  Regular Meeting Minutes of September 2, 2014 and September 15, 2014.

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

8.      Public Petitions

None


ITEM:

9.      Communications from Officers and Boards Directly Responsible to Council

Ms. Ginny Macro, 1828 Main Street came forward to thank the Mayor and the entire Town Council for approving the Historic District Commissions application to become a Certified Local Government.  The application was sent to the Department of Interior and was approved.  The Historic District Commission has access to federal funds for historic preservation purposes with this approval.  Ms. Macro also announced that Wood Memorial Library will be holding an open house on October 18, 2014 to meet the new Executive Director from 6:00 p.m. to 8:00 p.m.

10.     Reports from Standing Committees

Councilor Wagner reported on the following:

  • The Town was approved by the Connecticut Green Bank for a program called Solarize Connecticut.  People will be able to apply for participation in this program on-line.  The Energy Committee will be going to various organizations in Town to inform and promote this program.  
  • The Town of South Windsor has received a Bright Ideas Grant of $10,000.00.
  • On November 20, 2014 the Energy Committee will be inviting business owners to a presentation on a program called C-PACE.  This is a way for businesses to apply for various kinds of financing and grants to support either energy efficiency or energy generation.  
  • A working group has been established to address the Town Manager’s idea of a solar installation.
11.     Reports of Temporary Committees

None

12.     Consent Agenda

Councilor Paterna made a motion to approve Agenda Item 14. B. through 14. E. as the Consent Agenda.  Councilor Pendleton seconded the motion; and it was approved unanimously.




ITEM:

14.     New Business

B.      Resolution Appointing Joseph Durette (D) to the Board of Education 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 Joseph Durette (D) to the Board of Education for a term ending November 9, 2015 to fill an unexpired term of Carol Driscoll and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

C.      Resolution Reappointing James Murray (D) to the Economic Development 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 reappoints James Murray (D) to the Economic Development Commission for a term ending November 30, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

D.      Resolution Reappointing Joseph Kennedy (D) to the Economic Development 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 reappoints Joseph Kennedyy (D) to the Economic Development Commission for a term ending November 30, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

ITEM:

14.     New Business (Continued)

E.      Resolution Appointing M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority 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 M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority for a term ending November 30, 2017 to fill an unexpired vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

13.     Unfinished Business

A.      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 Town Council then approved a motion on September 15, 2014 to appoint the Law Office of Keith Yagaloff & Associates as Town Attorney for the Town of South Windsor and postponed consideration of said motion until the next regularly scheduled meeting, pursuance to the Town Council Rules

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council appoints the Law Office 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.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner


ITEM:

13.     A.      (Continued)

Deputy Mayor Havens stated that he will be supporting this appointment because after reading the legal opinion from Robinson & Cole he believes it is legal to appoint Keith Yagaloff & Associates as the Town Attorney.  

Councilor Delnicki said he would not support this appointment because he has concerns regarding the violation of the Charter and the legal opinions being totally opposite from each other.  Councilor Delnicki also voiced concern regarding the ex parte communications between Attorney Yagaloff and Attorney Panico.

Councilor Wagner reviewed the process and at the end of the process the Personnel Committee brought three choices of attorney’s to the Town Council.  The Council reviewed the three choices in Executive Session and after selected the law firm of Keith Yagaloff & Associates with a 6 to 2 vote.  There were four Democrats and two Republicans voting in favor of the choice of Keith Yagaloff & Associates as Town Attorney.  The scoring of the different firms that was done by the Personnel Committee and was never the final say of who would be chosen as the Town Attorney.  Councilor Wagner feels that Keith Yagaloff & Associates is fully qualified and is the best choice for South Windsor because of his knowledge of the Town and on-going issues.  There has also been concern if the Town Council followed its rules and procedures when appointing Keith Yagaloff & Associates as Town Attorney because the appointment was not postponed until the next regularly scheduled meeting.  It should be noted that this action does not follow past practices and none of the Councilors present from either party recognized there was an issue.  This error is being corrected with votes from the previous meeting and this meeting will be the means to fix this issue.  There has also been discussion regarding this appointment violating the Town Charter.  In the legal opinion from Attorney Cummings he refers to the appointment of Keith Yagaloff.  The Council appointed the law firm of Keith Yagaloff & Associates, not Attorney Keith Yagaloff.  This leaves open the question of how the Charter should be applied to the appointment of a firm in which a Councilor is a member.  Councilor Yagaloff’s subsequent resignation prior to his firm’s accepting the appointment should have resolved this issue.  Councilor Wagner then stated that he believes the clause that is being argued applies to sitting Councilors and that the term to which Councilors are elected ends when a resignation is accepted.  The term is then passed on to the appointed replacement.  An independent attorney’s opinion was then sought from Robinson & Cole.  Attorney Panico, a member of Robinson &

ITEM:

13.     A.      (Continued)

Cole concluded that the Council’s appointment is consistent with the provisions of the Charter and for this reason any procedural deficiency could be fixed.  There was also discussions regarding ex parte communications between Attorney Yagaloff and Attorney Panico.  Councilor Wagner stated that he does not have any problem with that communication, this is not a court of law that we are in.  Attorney Cummings provided one point of view and Attorney Yagaloff had a right to provide his point of view.  Councilor Wagner then stated he is very comfortable voting for the appointment of Keith Yagaloff & Associates as Town Attorney and feels it does not violate the Charter.

Councilor Snyder explained that the Personnel Committee interviewed six different firms for the position of Town Attorney.  Scoring was done individually by each person in the Personnel Committee.  The Personnel Committee discussed unofficially that the highest scoring group was Rome McGuigan who has over 20 years experience with municipal law.  Two days later after the agenda meeting the Personnel Committee met again and two members of the Personnel Committee changed there vote to Keith Yagaloff & Associates.  When voting for the Town Attorney, Councilor Yagaloff was still a sitting Councilor and did not resign until two days later.  After Keith Yagaloff was appointed Town Attorney, he came back up and finished the Town Council meeting.  Councilor Snyder stated that she is concerned that Attorney Yagaloff does not have the municipal experience background that a Town of this size needs.  A larger firm would be preferable because they have other experience and the ability.  There is also the concern about political affiliation.  Councilor Snyder hopes that the Town will go out and hire outside counsel if there is an area that the Town Attorney can not rule on.

Mr. Galligan explained that the Town hires an outside firm when there are conflicts.

Councilor Snyder stated that the seated Republicans became aware of the legal opinion from Attorney Cummings ten minutes before the rest of the Council found out.  Councilor Snyder then said she finds it odd that it took two weeks to get a legal opinion from Robinson & Cole and the legal opinion did not arrive until after Councilor Andy Paterna was appointed.  Part of that legal opinion stated that as long as a successor has been appointed for Keith Yagaloff’s position, then the Town was not in violation of the Town Charter.


ITEM:

13.     A.      (Continued)

Mr. Galligan responded to the statement made by Councilor Snyder by explaining that Attorney Panico did not know about the appointment of Mr. Paterna.  The Council requested the Town Manager to pick a firm for the legal opinion.  Robinson & Cole was chosen by the Town Manager because they are the only major law firm that did not apply for the position of the Town Attorney.  That opinion was sent to Municipal Attorney’s within Robinson & Cole and time as needed to review the Charter, State Statutes and Home Rule Legislation.  Many times Council members have asked for legal opinions and it has taken two months for an opinion.  A two week turn around is pretty quick.  Robinson & Cole is a very professional firm.  Mr. Galligan then stated that he was not too pleased to see an article in the Journal Inquirer where the Republican Town Chairperson blamed the Town Manager for all the issues that have arisen with the appointment of the Town Attorney.  Mr. Galligan stated he does not select the Town Attorney, that is the Town Council’s job.  The RFP process is done to select the best attorney that you can have based on quality, not just on cost.  Mr. Galligan then suggested to the Town Council that they look at doing a Charter revision.  The current Charter was done in the 1960’s and the laws have changed dramatically.

Councilor Mirek stated that the Kathy Daugherty, the Chairperson of the Republican Town Committee had clarified that there were a lot of misquotes in the newspaper.  Section 301 in the Charter reads the way it was meant to.

Mayor Anwar clarified that during the selection of the Town Attorney, there were five firms that were interviewed.  During the process of selecting a Town Attorney there was a quantitative component and a qualitative component.  A selection can not be made just on numbers, but the quality has to be reviewed also.  During the last meeting of the Personnel Committee the qualitative component was reviewed and then the selections were brought to the Town Council for a decision.  Rome McGuigan was not willing to come to the Town Council meetings which are an important component.  If the Council wanted Rome McGuigan at a Council meeting, the Town would have to make an appointment and also be charged for the meeting.  Attorney Yagaloff will be a good Town Attorney because he is familiar with the Town and with the issues in Town.  The other firms may have been cheaper in their attorney fees, but their paralegal fees are higher and the Town does not know how their response times for requests.  Attorney Yagaloff charges 1/3 less per month then the previous Town

ITEM:

13.     A.      (Continued)

Attorney.  The hourly charge of Attorney Yagaloff is about 25% less than the previous attorney.  The Town is familiar with Attorney Yagaloff.  The accusation of a Charter violation has been reviewed by an independent attorney and it has been determined that the Town Council is not in violation of the Town Charter.  Ex parte communication is considered to be one party communicating with a Judge or a Hearing Officer in the absence of the second party being present.  In this case all individuals should be allowed their due process.  

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.

Councilor Paterna explained that being a new member of the Council, it seems like the Council is going on too long and it was a transparent process.  A Town Attorney seems to be necessary at each meeting because there are legal issues that arise all the time.  This argument is slowing down the work that the Council has to do.  Councilor Paterna stated he would be supporting Keith Yagaloff & Associates as Town Attorney.

Attorney Yagaloff told the Council that he does not take any of this personally.  A good attorney puts their clients first and foremost and does not have time to take things personally.  The hourly rate was discounted 25% and the paralegal rate was discounted significantly from what it normally is in order to benefit the Town.  As a resident of the Town, business owner in Town and a volunteer, Attorney Yagaloff said he felt it was important to show his commitment to the Town to offer rates that would save the Town money.  The law firm of Keith Yagaloff & Associates always practices at the highest level of ethical conduct.  


ITEM:

13.     A.      (Continued)

Councilor Delnicki made a motion to call the question to have a vote on this issue.  Councilor Snyder seconded the motion.  It failed on a Roll Call vote of 3 to 5 with Councilor Denicki, Councilor Mirek and Councilor Prague voting in favor of calling the question; and Mayor Anwar, Deputy Mayor Havens, Councilor Paterna, Councilor Pendleton, Councilor Snyder and Councilor Snyder voting in opposition of calling the question.

Councilor Pendleton thanked Attorney Panico for being present at this meeting and apologized to him for fellow citizens casting doubt on the process and his opinion.  Councilor Pendleton acknowledged that Attorney Cummings who gave the first legal opinion in regards to this issue is the Republican Town Chairperson for Vernon.  This is considered political patronage.  Attorney Yagaloff has a lot of experience in Town and knows every single legal issue of South Windsor.  Councilor Pendleton then gave the definition for resign from the State Election Enforcement Agency Attorney.  In the contract for Attorney Yagaloff it states that Keith Yagaloff & Associates will not deal with any political issues that may arise in the community.  Councilor Pendleton stated she would be voting in support for Keith Yagaloff & Associates for the Town Attorney.

Mayor Anwar called for a vote on the motion; it was approved by a Roll Call vote of 5 to 3 and 1 abstention.  Mayor Anwar, Deputy Mayor Havens, Councilor Paterna, Councilor Pendleton and Councilor Wagner all voting in favor of the motion ; Councilor Delnicki, Councilor Mirek and Councilor Snyder voting in opposition of the motion; and Councilor Prague abstaining.

14.     New Business (Continued)

A.      Resolution Accepting the Resignation of Andrew Paterna (D) from the Park & Recreation Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Andrew Paterna (D) from the Park & Recreation Commission, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Andrew Paterna for the time he has dedicated to serving his community by his membership on the Park & Recreation Commission.


ITEM:

14.     A.      (Continued)

Councilor Paterna recused himself from this motion.

Was made by Councilor Wagner
Seconded by Councilor Pendleton

Mayor Anwar thanked Mr. Paterna for his volunteer work that he has done for the Park & Recreation Commission.

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

F.      Resolution Authorizing the Town Attorney to Draft Explanatory Text for the Upcoming Referendum Regarding Various Road Paving and Drainage Improvement

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

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

G.      Resolution Approving the Transfer of $10,501.20 from the Contingency Account to the Registrar of Voters Budget

BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $10,501.20 from the Contingency Account to the Registrar of Voters Budget to cover costs associated with the Republican Gubernatorial Primary.

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


ITEM:

14.     New Business (Continued)

H.      Resolution Approving the Transfer of $2,500.00 from the Contingency Account to the Wood Memorial Library Grants and Contributions Account

BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $2,500.00 from the Contingency Account to the Wood Memorial Library Grants and Contributions Account to cover costs associated with the Wood Memorial Library budget.

Was made by Councilor Snyder
Seconded by Councilor Delnicki

Mr. Galligan explained that Wood Memorial Library gets and allotment every year.  They keep the Town’s old Library records and do a lot of different events that promote South Windsor.  Their budget is supposed to be $10,000.00 but there was only $7,500.00 in their budget so it is being requested for another $2,500.00.  

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

I.      Resolution Approving the Transfer of $127,376 from Various Accounts to Various General Fund Operating Budgets within the 2013/2014 Fiscal Year

BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $42,544 from Social Security; $34,135 from Workers’ Compensation Insurance; $27,824 from Unemployment Benefits and $22,873 from the Public Works Fleet Services Division’s Vehicle & Equipment Supplies Budget, to cover the following 2013/2014 expenditures:

  • $1,179 to the Public Building Commission Professional account
  • $1,688 to the Planning & Zoning Commission Advertising account
  • $10,648 to the Registrar of Voters Professional account
  • $4,590 to the Registrar of Voters Utilities account
  • $5,397 to the Town Manager’s Office Professional account
  • $45,897 to the Finance Office Temporary Wages account
  • $56,402 to the Town Attorney Professional account
  • $1,575 to the Capital Leases account
ITEM:

14.     I.      (Continued)

Was made by Councilor Wagner
Seconded by Councilor Pendleton

Mr. Galligan explained that this resolution will clear out the accounts from last years budget.  The Town Manager can only take within a department budget.  When funds are being taken from one department budget to another department budget, a Council resolution is necessary.

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

J.      Resolution Approving the Transfer of $10,000.00 from the Contingency Account to the Collector of Revenue’s Salary Budget

WHEREAS, the Collector of Revenue’s Office is responsible for collecting all taxes and sewer commercial and residential user fees; and

WHEREAS, with the current approved staffing level of three full-time employees and one part-time employee the Collector of Revenue’s Office struggles to maintain the Town’s excellent tax collection rate; and

WHEREAS, it is in the Town’s best interest to have the part-time employee work full-time while a full-time staff member is on leave due to a family illness

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $10,000.00 from the Contingency Account to the Collector of Revenue’s Salary Budget to fund the costs associated with the temporary staffing of said office.

Was made by Councilor Delnicki
Seconded by Councilor Wagner

Mr. Galligan explained that this is a one-time issue.  Currently an employee in that office has a family member who is very ill.  The employee used her 12 weeks of Family Medical Leave.  At the same time the Collector of Revenue had to go in for surgery.  The idea is to have the part-time employee work full-time and the other employee in the office was moved up to a more managerial position because that is under the union contract.  The Collector of Revenue is back now but the Town is trying to work with the other employee to help through that situation the best we can.

ITEM:

14.     J.      (Continued)

Answering questions from the Council, Mr. Galligan explained that in January the employee who has a sick family member will be entitled to another 12 weeks under the Family Medical Leave.  Once the employee is able to come back the office will revert back to having a part-time employee.

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

K.      Resolution Approving a Refund of Taxes to Thirty-Eight (38) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to thirty-eight (38) South Windsor Taxpayers, the total of said refund being $7,860.67, and as more fully described on attached Exhibit D.

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

L.      Discussion Item:  Public Building Maintenance and Oversight Committee (Requested by Councilor Pendleton)

Councilor Pendleton explained that she has brought this discussion item forward because Councilor Delnicki had requested a list of deficiencies at Fire Department, Company 3 that are past warranty and the costs and repairs of those deficiencies.  Another reason for this discussion is because while sitting in Capital Projects Clay Major who is the Facilities Manager for the Town’s Public Buildings Maintenance stated that there are items not being taken care of regarding Town buildings because of budgeting issues.  

Mr. Major explained that the biggest issue we have right now is the difference between the threshold of the Capital Projects which is $100,000 and the operating budget.  Items cost more then what the Department can afford in the operating budget and what the Capital Projects can budget for.  


ITEM:

14.     L.      (Continued)

Mr. Galligan stated that the Capital Projects Committee has discussed having reserves.  Mr. Galligan explained that the Capital Projects Committee would have to recommend to the Council to create a Capital Reserve.  Another suggestion would be to ask Public Works at the end of the year how much they have left in their budget and some of those funds could be put toward building maintenance items.  

Councilor Pendleton questioned if all public buildings are maintained by the Town.  Mr. Major answered that they are not.  Councilor Pendleton suggested that the Fire Department maintenance be placed under the Town Public Building Maintenance Department.

Mr. Galligan suggested that a resolution be brought forward stating that the maintenance of Town buildings including the Fire Department be placed under the Town’s Public Building Maintenance.  In the next years budget the Fire Department could put funds that they would use for maintenance into the Town’s Building Maintenance budget.

Answering questions from the Council, Mr. Knipple who is the Deputy Chief of the Fire Department explained that the Fire Department has a maintenance agreement for HVAC units in the Fire Departments buildings.  The Fire Department does not have a service contract for preventative and corrective maintenance for the HVAC system.  Station 1 and 2 do not have any issues there have only been issues at Station 3.

Councilor Delnicki felt that it would make sense to have a correct budget for things that may go wrong.  The funds that are budgeted for the Fire Department Maintenance could be transferred to the Public Building Maintenance Department budget.

Councilor Snyder suggested that a transition plan be established before a resolution is brought forward to the Town Council.  

After further discussion it was decided that the Town Manager, Fire Chief and Clay Major would sit down and establish a transition plan which would include all steps necessary to make this idea a reality.  This item will be brought back to the Council at the first meeting in December.




ITEM:

15.     Passage of Ordinance

None

16.     Communications and Reports from the Town Manger

Mr. Galligan reviewed the Connecticut Studios project as shown under his Town Manger’s Report, Exhibit E.  Mr. Galligan added to the discussions that he would like a Development Agreement drafted for the Town Council’s review.

Deputy Mayor Havens stated that he understands that the Town Manager is doing the best job possible with this project but the Town has been down this road a number of times.  Mr. Galligan explained that the Town has done everything possible to make this project work.  DCK is doing their due diligence and moving in the right direction.  A development agreement would be key as well as the actual cost of the project.  The Town has only spent $147.00 during this process with DCK and that was to pay an old bill from Murtha Cullina.

Councilor Delnicki questioned if there is any time line established?  Mr. Galligan explained that he and Dan Marsh are working on a contract that has an end date.  The development agreement needs to be completed and a finalized budget.  The contract will be reviewed and voted on in an open session.

Councilor Delnicki requested that all of the documentation that came from the State of Connecticut on the land that the Town received from them and what the Town ended up receiving in return from Connecticut Studios be provided to the Council.  Mr. Galligan stated that he would do that through the Town Attorney.

Mayor Anwar corrected perceptions by the public explaining that Connecticut Studios is no longer owned by the individuals who started the project, but is owned by DCK.  DCK has been reviewing this project and has now decided that they want to move forward with the project.  

Mr. Galligan reviewed the remainder of his Town Manager’s Report, as shown in attached Exhibit E.

Mayor Anwar requested that the Town Manager meet with Mr. Gonsalves to resolve his concerns that he has voiced.  Mr. Galligan felt that the Auditors, Councilor Wagner and someone from WPCA should also be involved in the meeting.


ITEM:

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

Mayor Anwar then explained that because there is a law suit against the Town, the Finance Department can not be discussed in public.

Councilor Delnicki suggested that if there are no longer going to be agenda meetings that any information that is going to be on the agenda be sent to Council members by the latest Wednesday or by email when they come in so everyone knows what topics are going to be on the agenda and this would also allow for Council members to have any questions they may have answered prior to the meeting.  Mr. Galligan stated that he would not have a problem with that as long as everyone agrees.  Councilor Wagner warned Council members that if we start getting these emails the council has to make sure we don’t discuss them through email and violate FOI rules.

Councilor Wagner questioned if a Council member wants something on the agenda that requires a resolution, our rules state that the Town Attorney work on the resolution, does the timing of when the Council Clerk receives this type of request need to be changed for these types of items?  Town Attorney Yagaloff explained that no all resolutions require review by the Town Attorney.  If a Council member has questions or concerns about the language in a resolution that is something that should normally have a quick turn around.  If a resolution is concerning an Ordinance or significant issues then that would need more time for review.

Councilor Mirek voiced concern about the Republicans not knowing that there were not going to be agenda meetings.  Mr. Galligan explained that it was told to the Council in the Town Manager’s Report and discussed during the meeting (September 15, 2014).

Councilor Paterna stated that he agrees with getting what is on the agenda by in an email on Wednesdays which will give everyone time to review.

Mayor Anwar aid that no decision has been made about this and the Council Rules are as they are.  Councilor Delnicki stated that he would be brining a resolution amending the Council Rules forward in the future.

Councilor Wagner questioned if the stairs in the front of the Town Hall were going to be torn out again?  Mr. Galligan explained that Mr. Major did not like the way they were done so it could be a possibility that they are taken out and redone.

ITEM:

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.


18.     Communications and Petitions from Council

None

19.     Executive Session

None

20.     Adjournment

At 10:16 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