TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 July 7, 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 Carolyn Mirek
Councilor Liz Pendleton
Councilor Cary Prague
Councilor Janice Snyder
Councilor Stephen Wagner
Councilor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
5. Public Input
State Representative Bill Aman, 878 Strong Road came before the Town Council to review the State Legislation 2014 Major Public Acts.
Mr. Al Maximino who is the President of the South Windsor Little League came before the Town Council to voice his concerns regarding the Town making application to go before the Planning & Zoning Commission requesting that the time for shutting the lights off at the Little League Field be changed back to 9:30 p.m. Mr. Maximino requested that the Town withdraw their application.
Ms. Lauren Bent, 34 Sycamore Road and Mr. Paul Macchi, 250 LeFoll Boulevard who both work for the Recreation Department at Camp Discovery came forward to invite the Council members to Camp Family Night on Wednesday, July 16, 2014 from 6:30 p.m. to 8:30 p.m. at the Rotary Pavilion in Nevers Road Park.
At 7:22 p.m. the Town Council recessed the Regular Meeting in order to finish the Special Meeting (Executive Session). At 8:11 p.m. the Regular Meeting reconvened.
Councilor Yagaloff made a motion to Suspend the Rules in order to go to Item 14. J. Councilor Pendleton seconded the motion; and it was approved, unanimously.
ITEM:
14. New Business
J. Discussion item: An Ordinance for Water Pollution Control Authority
Councilor Wagner explained that the Water Pollution Control Authority has been considering ways to provide discounts in fees for people with low incomes. They were told by their attorney that they would have to go through the Town Council for an Ordinance that would address this issue. Attorney Olson provided the Town Council with a draft Ordinance, but it did not address the issue of the WPCA is trying to do. The Ordinance provided to the Town Council addressed how to defer payment of the assessment (connecting to the sewer system) for individual who are unable to make those payments. The second issue that needs to be discussed is the terms of the WPCA members. Presently WPCA members have a 6 year term and it is felt that a 4 year term or a 2 year term would be more appropriate.
Mr. Galligan stated that the Town Attorney explained that the WPCA is unable to reduce the cost to individuals with hardships. It was suggested that a program be ran through the Human Services Department as the Fuel Bank is run. It was also noted that if someone over a period of time is unable to pay their sewer fee, the Town could recoup those payments when the homeowner sells their home or through their estate. There may be a way to waiver interest payments. Mr. Galligan then informed the Council that since WPCA is a land use Commission and he believes there is a rule that the Commission can not have an even number of members. Mr. Galligan said he would discuss this issue with the Town Attorney.
Mr. Richard Aries, Chairperson for the WPCA came before the Town Council and explained that the WPCA is a Commission that is extremely non-partisan and is committed to ensuring that the Town has a fully functioning sewer system, is maintained properly and the fees are as low as possible while still being able to maintain the system. The Commission probably does not need an even number of members, but it is the decision of the Town Council if it is necessary or not. The Commission worked hard on drafting an Ordinance and the one that came back from the Town Attorney was unrecognizable. It is hopeful that there is an opportunity to get the program the WPCA would like incorporated into the Ordinance. Mr. Aries informed the Council that it is the feeling of the Commission that a two year term for members
is to short and should be at least a four year term.
ITEM:
14. J. (Continued)
Council members discussed the idea of deferring the assessment and the fees. Mr. Wagner stated that he likes the idea of deferring the assessment but not the idea of deferring fees which could go on for 20 years.
Councilor Snyder stated that she would be in favor of a four year term for members, but not a two year term. Councilor Snyder said she does not have a problem doing an Ordinance if that is what WPCA would like but feels that is where it should end. The Town Council should not overstep our bounds.
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Public Hearing Minutes (two) of June 2, 2014; and Regular Meeting Minutes of June 2, 2014 and June 16, 2014.
Was made by Councilor Delnicki
Seconded by Councilor Prague
Councilor Wagner requested that when a resolution is amended in a meeting, he would like to see the final form of the resolution in the minutes.
The minutes were approved, unanimously with the suggested amendment where applicable.
6. Environmental Health & Safety Message
Mayor Anwar informed the Council and the public that July is the Ultraviolet Ray Safety Month. Sunscreen should be used for protection.
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
Councilor Pendleton read the list of South Windsor residents currently serving in the military in support of our country.
ITEM:
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
None
12. Consent Agenda
None
13. Unfinished Business
None
14. New Business
A. Resolution Approving an Annual Salary for Town Manager, Matthew B. Galligan for Fiscal Years 2013/2014 and 2014/2015
BE IT RESOLVED that the South Windsor Town Council hereby approves an annual salary increase of 2% for Fiscal Year 2013/2014 and an annual salary increase of 2% for Fiscal Year 2014/2015 for Town Manager Matthew B. Galligan, said annual salary rate will be retroactive from July 1, 2013 for the Fiscal Year 2013/2014.
Was made by Councilor Wagner
Seconded by Councilor Pendleton
Councilor Snyder thanked Mr. Galligan for all of his hard work and dedication.
Deputy Mayor Havens thanked Mr. Galligan for the work he has done and supports the raise being proposed for the Town Manager.
Councilor Wagner stated that being new to the Council, it is great working with the Town Manager.
(Resolution Continued on Next Page)
ITEM:
14. A. (Continued)
Mayor Anwar reviewed the process of the how the Personnel Committee completed the evaluation of the Town Manger. Mayor Anwar thanked the Town Manager for the work he does for the Town.
Mr. Galligan thanked the Town Council.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
B. Resolution Approving an Annual Salary for Deborah W. Reid, Clerk of the Council for Fiscal Years 2013/2014 and 2014/2015
BE IT RESOLVED that the South Windsor Town Council hereby approves an annual salary increase of 2% for Fiscal Year 2013/2014 and an annual salary increase of 2% for Fiscal Year 2014/2015 for Deborah W. Reid, Clerk of the Counci, said annual salary rate will be retroactive from July 1, 2013 for the Fiscal Year 2013/2014.
Was made by Councilor Snyder
Seconded by Councilor Delnicki
Mayor Anwar and Councilor Delnicki thanked the Clerk of the Council for her hard work and dedication.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
C. Resolution Appointing a Town Attorney
Councilor Yagaloff recused himself for this resolution.
BE IT RESOLVED that the South Windsor Town Council appoints the law firm of Keith Yagaloff and Associates to the position of Town Attorney for the Town of South Windsor; and
BE IT FURTHER RESOLVED that this appointment will be in accordance to Chapter 5, Section 501 of the Town Charter, and in accordance with the terms agreed to by the Town Council.
(Resolution Continued on Next Page)
ITEM:
14. C. (Continued)
Was made by Mayor Anwar
Seconded by Councilor Pendleton
Councilor Prague stated that he has great faith in Councilor Yagaloff ability and would support the motion.
Mayor Anwar reviewed the process of the how a Town Attorney is selected for the Town.
Deputy Mayor Havens stated he would support Councilor Yagaloff to be the next Town Attorney. Councilor Yagaloff knows his issues and will be fair.
Councilor Delnicki stated that he feels the Town Council should have been given the opportunity to interview the top two candidates for the position, as done in the past.
Councilor Snyder stated that Councilor Yagaloff has a small law firm consisting of two attorneys. Councilor Snyder said she prefers having a large law firm that have a number of lawyers that have expertise in different areas and experience with municipalities. Councilor Snyder said she would not be supporting this appointment because in theory she feels a larger law firm should be appointed, but does feel Councilor Yagaloff will do a good job.
Councilor Pendleton stated that she would take the recommendations and the information that was presented by the Committee and will support Councilor Yagaloff as the Town Attorney.
Councilor Mirek felt that the other law firm would benefit the Town on a larger basis because they have a lot of experience being the Town Attorney in other towns and also has lawyers who specialize in different areas. Councilor Mirek then stated although she does know that Councilor Yagaloff will do a great job.
Mayor Anwar called for a vote on the motion; it passed on a Roll Call of 6 to 2 with Mayor Anwar, Deputy Mayor Havens, Councilor Delnicki, Councilor Pendleton, Councilor Prague and Councilor Wagner voting in support of the resolution; and Councilor Mirek and Councilor Snyder voting in opposition of the resolution.
ITEM:
14. New Business (Continued)
D. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on an Amendment to Section 2-526 of the Code of Ordinances of the Town of South Windsor Concerning the “Director, Officers and other Personnel of the Department of Finance.”
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, July 21, 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 an amendment to Section 2-526 of the Code of Ordinance of the Town of South Windsor concerning the “Director, Officers and Other Personnel of the Department of Finance.”
Was made by Councilor Prague
Seconded by Councilor Pendleton
Mr. Galligan explained that any staff changes that happen in the Finance Department has to go through a public hearing process as per the Charter. In the last negotiations, the titles for the Staff Accountants were changed to Accounts Payable Accountant and Cash Receipts-General Ledger Accountant to better describe their duties.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
E. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on Amendments to the South Windsor Plan of Conservation and Development
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, July 21, 2014, at 8:15 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 amendments to the South Windsor Plan of Conservation and Development.
(Resolution Continued on Next Page)
ITEM:
14. E. (Continued)
Councilor Snyder felt that a resolution should be incorporated into the next Town Council meeting supporting the Planning & Zoning Commission and the Plan of Conservation and Development.
Councilor Wagner agreed that at the next meeting it would be a great opportunity for the Town Council to support the changes that are within the amended Plan of Conservation and Development. Councilor Wagner explained two changes that are being proposed.
Councilor Mirek requested that a presentation be given during the Public Hearing in order to give more information to the Council and public. Mr. Galligan stated that the consultant for this project will be at the next meeting for the public hearing to give a presentation. Mr. Galligan explained different components of the plan for the Town center.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
F. Resolution to Enter into a Master Municipal Agreement for Rights of Way Projects with the State of Connecticut
WHEREAS, the Town of South Windsor has been awarded Federal and State funding and expects to continue to receive such funding for improvements to various locally maintained roadways, bridges and other transportation projects; and
WHEREAS, the State of Connecticut requires that the Town of South Windsor enter into an agreement with the State for the rights of way phase of these projects
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes its Town Manger, Matthew B. Galligan to sign and execute the agreement entitled “MASTER MUNICIPAL AGREEMENT FOR RIGHTS OF WAY PROJECTS” BETWEEN THE STATE OF CONNECTICUT, DEPARTMENT OF TRANSPORTATION AND THE TOWN OF SOUTH WINDSOR.
(Resolution Continued on Next Page)
ITEM:
14. F. (Continued)
Was made by Councilor Mirek
Seconded by Councilor Delnicki
Mr. Galligan explained that the State had created a master agreement that will be in effect for a 10-year period. This gives the Town the ability to do projects without having to get an agreement for each project. This will save a lot of time.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
G. Resolution Authorizing the Town Manager to Submit an Application to Connecticut Green Bank
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to submit an application to the Connecticut Green Bank for participation in the Solarize Connecticut Campaign (s)
Was made by Deputy Mayor Havens
Seconded by Councilor Wagner
Councilor Wagner explained that the Town Council has passed a number of resolutions supporting energy improvements. An Energy Committee has been established. In this program, the community comes together and applies for solar power to be installed at homes in Town. Councilor Wagner explained the program further.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
ITEM:
14. New Business (Continued)
H. Resolution Authorizing Town Manger, Matthew B. Galligan to Sign and Execute Any and All Documents Deeded to be Necessary or Appropriate for the Nutmeg Network Connection Grant
BE IT RESOLVED that Matthew B. Galligan was appointed Town Manager of the Town of South Windsor at a Town Council meeting held on January 16, 1996 and as Town Manager is authorized to sign, execute and deliver in the name and on behalf of the Town of South Windsor any and all documents necessary or appropriate for the processing of the Nutmeg Network Connection Grant.
Was made by Councilor Delnicki
Seconded by Mayor Anwar
Mr. Galligan explained that this is a grant that would allow the Town to connect to the fiber network that goes through the whole State of Connecticut. This connection could be used during emergencies to communicate with other Towns. The grant for $24,000 will help the Town take the connection from the school to the Police Department, Community Center and into the Town Hall.
Answering questions from the Council, Mr. Galligan stated that the Capital Projects is reviewing where the remainder of the funds could come from to support this project. The amount necessary is approximately $70,000. The connection would be extended to the EOC. There is a time line for this project to be complete which is approximately 6-8 months, but Mr. Galligan said he would confirm the time line.
Councilor Yagaloff made a friendly amendment to the resolution by authorizing the Town Manager to sign and execute the agreement. Councilor Delnicki and Mayor Anwar accepted the friendly amendment.
Mayor Anwar called for a vote on the amended resolution; it was approved, unanimously.
(Resolution Continued on Next Page)
ITEM:
14. H. (Continued)
The resolution to read as follows:
WHEREAS, Matthew B. Galligan was appointed Town Manager of the Town of South Windsor at a Town Council meeting held on January 16, 1996; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes Matthew B. Galligan as the Town Manager to sign, execute and deliver in the name and on behalf of the Town of South Windsor any and all documents necessary or appropriate for the processing of the Nutmeg Network Connection Grant.
I. Resolution Approving a Refund of Taxes to Eighteen (18) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to eighteen (18) South Windsor Taxpayers, the total of said refund being $6,442.84, and as more fully described on attached Exhibit A.
Was made by Councilor Yagaloff
Seconded by Councilor Pendleton
Motion was approved, unanimously
K. Discussion Item: Status of Connecticut Studios
Mr. Galligan explained that a new proposal from dck for the Connecticut Studios project has been established, as shown in attached Exhibit B. This is a preliminary plan that does not include a hotel at this time and requirements for public improvements have been reduced. When the plan is finalized, a presentation will be given to the Council. The prior principals as well as dck are trying to work with local banks for this project.
Councilor Delnicki voiced concern regarding the dck plan because the plan is extremely scaled down and only is using the land that the Town gave to the initial company.
(Discussion Continued on Next Page)
ITEM:
14. K. (Continued)
Answering questions from the Council, Mr. Galligan explained that the Town has not heard anything from the Governor’s Office about making any changes to the tax credits. Mr. Galligan explained that he had discussions with Fuel Cell Energy and they feel if everything is wrapped up by August, they would be able to get the fuel cell in by October. Mr. Galligan explained that he is running the numbers for taxes and would inform the Council of those numbers. The property that was transferred to dck was assessed at market value. Council members discussed the viability of the plan, tax revenue and public improvements.
Councilor Delnicki made a motion to Suspend the Rules in order to add Agenda Item 14. L. to the agenda. Mayor Anwar seconded the motion; and it was approved, unanimously.
L. Resolution Appointing Hal Reed (D) to the Library Board
BE IT RESOLVED that the South Windsor Town Council hereby approves Hal Reed (D) to the Library Board for a term ending November 30, 2017 to fill the unexpired term of Carol Flagg.
Was made by Councilor Delnicki
Seconded by Councilor Pendleton
Mayor Anwar stated that Carol Flagg was a volunteer who helped our community with all of her good work. She will be truly missed.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
15. Passage of Ordinance
None
16. Communications and Reports from the Town Manger
Mr. Galligan reported that on July 6, 2014 the lifeguards at Veterans Memorial Pool saved an individuals life. Mr. Galligan thanked everyone involved for their quick response.
ITEM:
16. Communications and Reports from the Town Manger (Continued)
Mr. Galligan reviewed the remainder of his report, as shown in attached Exhibit C.
Mr. Galligan informed the Town Council that the Town is receiving a grant which will be used to host another CERT training class. Uniforms and equipment will be ordered shortly and a HAM Radio Operating Class will be scheduled.
Answering questions from the Council, Mr. Galligan stated that he would seek a legal opinion from Bond Counsel regarding the space vacated by South Windsor Ambulance Corp. to see if there are any rights given to the Fire Department or if another department could use that space. Mr. Galligan then informed Council members that Mr. Fitts who is the Chairman for the Public Building Commission is working with the Fire Department to compile a list of issues that have occurred at the Fire Department since it was constructed. Mr. Fitts will make a report to the Council after the list is complete.
Councilor Snyder encouraged residents to go to the Farmers Market at the Community Center from 10:00 a.m. to 1:00 p.m. every Saturday. The Farmers Market is absolutely fabulous. Councilor Mirek added that there are a lot of activities for kids.
Mr. Galligan stated that he feels the Police Department need the space at the Fire Department but suggested that a Space Committee be established. Councilor Pendleton felt that it would be a good idea to establish a Space Committee and requested that she be a part of this Committee.
17. Public Input
None
18. Communications and Petitions from Council
None
19. Executive Session
None
ITEM:
20. Adjournment
At 10:13 p.m. Councilor Delnicki made a motion to adjourn the Regular Meeting. Mayor Anwar seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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