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Town Council Minutes 1/5/2015
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Regular Minutes Page 1  January 5, 2015



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

1.      Call Meeting to Order

Mayor Anwar called the Regular Meeting to order at 7:00 p.m.

4.      Roll Call

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

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

5.      Public Input

Mr. Robert Dickinson, 19 Birch Road came before the Town Council and stated that the budget deliberations will be coming soon and he requested that the Council keep in mind that in Connecticut 13% of traffic deaths are pedestrians and bicyclists.

Mr. Don Gonsalves, 40 Bayberry Trail stated that he is dissatisfied by the length of time it has taken to get an audit report.  The last audit report had items in it that were wrong.

6.      Environmental Health & Safety Message

Councilor Pendleton reminded the residents that there is a parking ban on Town streets from November 15th to March 15th in order to allow the plows to pass when necessary.

Mayor Anwar informed the Council and residents that January is Cervical Cancer Awareness Month.  It is important for people to understand that early detection is very important.



ITEM:

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 December 15, 2014.

Was made by Deputy Mayor Havens
Seconded by Councilor Wagner

Councilor Snyder pointed out that on page 22 it says “South Windsor Commerce” and it should say “South Windsor Chamber of Commerce.”

Mayor Anwar called for a vote on the amended minutes; they were approved, unanimously.

8.      Public Petitions

None

9.      Communications from Officers and Boards Directly Responsible to Council

Councilor Wagner read a letter from the Planning & Zoning Commission dated December 15, 2014 into the record, as shown in attached Exhibit A.

10.     Reports from Standing Committees

Councilor Wagner informed the Council and the public that the Energy Committee is sponsoring a Solarize Workshop on January 12, 2015 at 7:00 p.m. in the Council Chambers for individuals who are considering solar panels to be put on their roof or in their yard.  Councilor Wagner then stated that the Energy Committee is also sponsoring a tour on January 17, 2015.  The tour will allow people who are interested in solar to visit homes that already have solar installations.  A flyer will be distributed that will give more details.

11.     Reports of Temporary Committees

None

12.     Consent Agenda

None

ITEM:

13.     Unfinished Business

A.      Resolution Removing from the Table Item 14. A. of the Town Council’s Regular Meeting of December 1, 2014 – Resolution Authorizing the Town Manager to Sign and Execute a Participation Agreement for Municipal Textile Recycling Services Between the Town of South Windsor and Bay State Textiles, inc.

BE IT RESOLVED that the South Windsor Town Council hereby removes from the table, Item 14. A. of the Town Council’s Regular Meeting of December 1, 2014 – Resolution authorizing the Town Manager to sign and execute a Participation Agreement for Municipal Textile Recycling Services between the Town of South Windsor and Bay State Textiles, Inc.

Was made by Councilor Paterna
Seconded by Councilor Wagner

Answering questions from the Council, Mr. Galligan explained that the Town does not have an answer as to whether or not the Town has to go out for a RFP for this process.  The Town is waiting for a written opinion from the previous Town Attorney in order to compare that opinion with the present Town Attorney’s opinion to come out with a final determination.

Town Attorney Yagaloff felt that it is not necessary for the Town Council to keep tabling this item.  This item could be brought back to the Council at a later date.

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

C.      Resolution Approving an Amendment to the South Windsor Town Council Rules and Procedures, Article IX, Section 7 (a) – Audit Committee

BE IT RESOLVED that the South Windsor Town Council hereby approves an amendment to the South Windsor Town Council Rules and Procedures, Article IX, Section 7 (a) – Audit Committee as follows:

(Resolution Continued on Next Page)




ITEM:

13.     C.      (Continued)

Audit Committee

The purpose of this committee is to hire (or recommend hiring of) and evaluate performance of the Town’s financial auditor. Meet quarterly to conduct a post audit meeting with the auditor; review internal controls and programs and controls designed to prevent and detect fraud including compliance with same with auditor; and plan future audits.  Meet as necessary to review and forward to auditor suspected fraud or illegal acts affecting the government that come to the attention of the committee.  Management is responsible for forwarding these items to the committee as soon as possible.

Was made by Councilor Pendleton
Seconded by Councilor Snyder

Councilor Wagner made a friendly amendment on the first line to read “The purpose of this committee is to recommend hiring of” instead of “The purpose of this committee is to hire (or recommend hiring of)”.  Councilor Snyder accepted the friendly amendment.

The amended resolution to read as follows:

Audit Committee

The purpose of this committee is to recommend hiring of and evaluate performance of the Town’s financial auditor. Meet quarterly to conduct a post audit meeting with the auditor; review internal controls and programs and controls designed to prevent and detect fraud including compliance with same with auditor; and plan future audits.  Meet as necessary to review and forward to auditor suspected fraud or illegal acts affecting the government that come to the attention of the committee.  Management is responsible for forwarding these items to the committee as soon as possible.

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





ITEM:

13.     New Business (Continued)

D.      Resolution Approving an Amendment to the South Windsor Town Council Rules and Procedures, Article IX, Section 7 (a) – Energy Committee

BE IT RESOLVED that the South Windsor Town Council hereby approves an amendment to the South Windsor Town Council Rules and Procedures, Article IX, Section 7 (a) – Energy Committee as follows:

Energy Committee

The purpose of this committee shall be to investigate appropriate and cost-effective opportunities for implementing energy efficiency measures in all aspects of South Windsor’s public buildings, including operational changes and changes in maintenance or capital improvements.  These recommendations shall be forwarded to the Town Council or appropriate municipal agency or official as designated by the Town Council.

Research and facilitate the use of clean, renewable energy within the Town of South Windsor.

Educate South Windsor residents about clean energy options, energy efficiency, and energy conservation.

Identify appropriate Federal and State incentive and grant programs that provide opportunities for clean, renewable energy, energy efficiency or energy conservation.

Take advantage of unique opportunities and resources within South Windsor for providing clean, renewable energy to help fulfill local energy needs.

Was made by Councilor Snyder
Seconded by Councilor Wagner

Councilor Wagner made a friendly amendment, where it says “public buildings”, he would like it to read, “public facilities”.  Councilor Snyder accepted the friendly amendment.

(Resolution Continued on Next Page)


ITEM:

13.     D.      (Continued)

The amended resolution to read as follows:

Energy Committee

The purpose of this committee shall be to investigate appropriate and cost-effective opportunities for implementing energy efficiency measures in all aspects of South Windsor’s public facilities, including operational changes and changes in maintenance or capital improvements.  These recommendations shall be forwarded to the Town Council or appropriate municipal agency or official as designated by the Town Council.

Research and facilitate the use of clean, renewable energy within the Town of South Windsor.

Educate South Windsor residents about clean energy options, energy efficiency, and energy conservation.

Identify appropriate Federal and State incentive and grant programs that provide opportunities for clean, renewable energy, energy efficiency or energy conservation.

Take advantage of unique opportunities and resources within South Windsor for providing clean, renewable energy to help fulfill local energy needs.

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

E.      Resolution Appointing the Current Water Pollution Control Authority Members to Transition Terms

BE IT RESOLVED that the South Windsor Town Council hereby appoints the following current members of the Water Pollution Control Authority to transition terms in accordance with Section 98-31(c) of the Town Ordinances, beginning November 30, 2014 and ending as indicated below:

(Resolution Continued on Next Page)


ITEM:

13.     D.      (Continued)

  • Richard Aries (D), Edward Havens, Jr. (D) and Robert Dickinson (R) to terms ending November 30, 2015.
  • William Vees (D) to a term ending November 30, 2016.
  • Donald Antaya (R), Vicki Paliulis (R) and Carol Fletterick (D) to terms ending November 30, 2017.
  • Richard Siedman (R) an Alternate and Atif Quraishi (D) an Alternate to terms ending November 30, 2015.
Was made by Councilor Wagner
Seconded by Councilor Delnicki
The motion was approved, unanimously

F.      Resolution Reappointing Marion Burke (U) to the Housing Authority

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Marion Burke (U) to the Housing Authority for a term ending November 30, 2019.

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

14.     New Business

A.      Presentation:  Connecticut Studios (Mr. Andrew Toth and Mr. Dan Marsh to be present)

Mr. Andrew Toth reviewed the Connecticut Studios project with the Town Council, as shown in attached Exhibit B.

Answering questions from the Council, Mr. Toth explained that there is an organization willing to fund the entire project consisting of the fuel cell and phase I.  There is a lending institute interested in funding their fund which in turn would be used to fund this project.

Councilor Pendleton stated that she would like to pass names along to Mr. Toth of restaurants that residents are interested in having come to South Windsor.

(Discussion Continued on Next Page)

ITEM:

14.     A.      (Continued)

Mr. Toth went on to answer further questions explaining that the ancillary development will not happen until there is construction activity.  Interested restaurants would come in and do their own site plan approval on the particular pad they are interested in.  Each pad would be leased out except for the hotel pad.

Answering questions from Councilor Delnicki, Mr. Toth explained that it is hopeful that by the end of January the amendments to the PPA will be presented to CL&P.  CL&P may take 30 days to review and agree to the amendments.  Then there would be another 30 days for PURA to review and approved the amendments.  If this timeline holds true, then by April 1, 2015, building permits can be sought.  By January 16, 2015, there needs to be a contract with the manufacturer of the fuel cells.  The agreement with Mr. Charbonneau for the purchase of property is based on the amendments to the PPA.  Mr. Toth explained that Phase II is contingent upon the success of Phase I.  Also, if Phase I is not successful, the project may move to being a warehouse facility or something that is allowed in the zone.  Construction will begin 3 to 5 months from April 1st as long as all timelines are met.

Deputy Mayor Havens stated he would like to see this project be successful and feels that Mr. Toth must see a possible deal or he would not be putting his time and energy into the project.

Mr. Toth felt it would be 9-12 months for construction of the studio buildings.  After the studio buildings are complete, it is hard to determine the time frame of the ancillary buildings.  It could take anywhere from 2 year to 5 years to complete as long as there is a company who wants to become part of the development.  From a visual standpoint, the development of the studios will be seen before the fuel cell because the fuel cell is gong to be built in Torrington, Connecticut and then brought to the property.  The Film Studio Group is not a film production company.  The company will design/consult on the architecture, will manage the studios on a daily basis, and will procure production and production companies to come in and use the studio facility.

Mayor Anwar stated that he feels the phased approach for the development is much more realistic.  This development will create jobs and generate tax revenue.

(Discussion Continued on Next Page)

ITEM:

14.     A.      (Continued)

Mr. Toth explained to the Council that in order for a micro grid to be developed in this plan, it is necessary for approval by the Town.  If there is a power outage, the fuel cell will act as a generator to the studios and would be used as a secondary emergency shelter.

B.      Resolution Accepting the Resignation of Peter Jennings (R) from the Historic District Commission        

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Peter Jennings (R) from the Historic District Commission, said resignation effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Peter Jennings for the time he has dedicated to serving his community by his membership on the Historic District Commission.

Was made by Councilor Delnicki
Seconded by Councilor Pendleton

Mayor Anwar thanked Mr. Jennings for his community service and volunteering his time on this important commission.

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

C.      Resolution Accepting the Resignation of Timothy Wentzell (D) from the Public Building Commission        

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Timothy Wentzell (D) from the Public Building  Commission, said resignation effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Timothy Wentzell for the time he has dedicated to serving his community by his membership on the Public Building Commission.

Was made by Deputy Mayor Havens
Seconded by Councilor Delnicki

(Resolution Continued on Next Page)

ITEM:

14.     C.      (Continued)

Mayor Anwar read part of Mr. Wentzell’s resignation letter into the record as shown in attached, Exhibit C.  Mayor Anwar requested that the Public Building Commission come before the Town Council to give an update on the school project.

Mr. Galligan stated that he would send the Chairperson a letter asking him to come to the next Town Council meeting to give an overview of the project.  Mr. Galligan went on to explain that no school project has ever been over expended.  Mr. Fitts may be working directly with the Finance Department.

Councilor Wagner voiced interest in having the Chairperson of the Public Building Commission give an update on the project to make sure the Project Manager is doing his/her job to support the Public Building Commission.

Mr. Galligan stated that the Superintendent of Schools goes to all of the meetings as well as Pat Hankard.  The Project Manager has been working with Town staff and keeping them updated.  Mr. Galligan stated he feels the project has been moving in the right direction but will have a monthly report sent to the Public Building Commission from the Finance Department.

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

D.      Resolution Approving an Agreement Between the Town of South Windsor and the Public Works Employees Union

BE IT RESOLVED that the South Windsor Town Council hereby approves the proposed “Agreement Between the Town of South Windsor and Public Works Employees, AFSCME, Local 1303-028 of Council #4”, for the period of July 1, 2013 through June 30, 2016.

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

Mr. Galligan explained that this contract has gone into medication.  A lot of changes are language clarification but the big issue was putting the union on

(Discussion Continued on Next Page)


ITEM:

14.     D.      (Continued)

the HSA medical for $2,000/$4,000 which starts in January.  The employees would contribute $1,500 if they have a family plan or $750 if they have a single plan.  The salary increases are 1.5% increase for 2013, 2.5% increase for 2014, and 2% increase for 2015.  It is a good contract that does not increase the budget.

Answering questions from the Council, Mr. Galligan explained that the employees would receive retroactive pay to July 1, 2013.  If the Council approves this contract, the HSA medical benefits would start immediately.  If employees would like to keep their costs down, they could search for a cheaper prescription plan which in turn would keep the Town’s claims down.  The money that is not used in the health savings, rolls over to the next year.  An employee could potentially have a large sum of money when they retire for their health costs because as the Council knows, the Town does not give health to employees who retire.

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

E.      Discussion Item:  Future Planning of Wapping Elementary School, (requested by Mayor Anwar)

Mayor Anwar explained that he had requested for this item to be on the agenda.  The Town Council needs to begin brainstorming about what would be the best use of the Wapping Elementary School.  Also, the Town Council will need to plan how funds will be allocated if Wapping Elementary School is used by the Town.

Mr. Galligan stated that he and Ray Favreau have had discussions regarding the future planning of Wapping Elementary School and it is felt that the Capital Projects Committee should review to see if there are any capital needs.  Clay Major would also be a key component.  When the referendum for the schools went out, the idea was to move Recreation to the Wapping Elementary School which would free up space at the Community Center for the senior population.  Mr. Galligan stated he feels the building is in good condition but could have Clay Major and his staff go through the building to determine roof conditions and other conditions that may have to be changed.  




ITEM:

14.     E.      (Continued)

Mr. Galligan felt that the Park & Recreation Commission should sit down and determine what would be the best use of this facility for the recreational needs of the community.  A report can be submitted to the Town Council for their review and approval.  Then, Capital Projects could also weigh in on the plan and determine how it should be funded over a period of time.  The building could also be used by other organizations for a meeting place.

Mr. Ray Favreau, Director of the Parks & Recreation Department came before the Council and explained that after the referendum was passed he had a tour of the school.  There were also visits to other communities who have transitioned from a school into a Recreation Department.  It is hopeful to have a plan this winter that can be presented to the Town Council.

Councilor Snyder stated she feels the use of the Wapping School is a great opportunity for the Town to acquire space.  This will benefit the entire community but where the resources to fund this are coming from needs to be discussed.  Councilor Snyder questioned if a private company would need to be used to review this building and felt that Town staff could do that.

Mr. Favreau felt it should be a combination of a private company and staff.  It needs to be determined what can and what can not be done in this building.  The Park & Recreation Department is hoping to have a move in plan that is minimum, but take it to the next level each year.  There have been discussions of how to fund this project which will be shared with the presentation given to the Council.  

Councilor Delnicki felt it makes sense for the Recreation Department to take over this building, but feels that funds should not be used on outsourcing the planning of the building.  Funds should be used to actually get something done to allow the space to be used.  

Councilor Pendleton stated that she feels a subcommittee should be established to determine the best use of the building.

Mr. Favreau said he would come back to the Council in February with a vision plan for this project.



ITEM:

14.     New Business (Continued)

F.      Discussion Item:  Barton Property (requested by Mayor Anwar)

Mr. Galligan explained that the Town is reviewing on using the property for multi uses such as debris management, the Wapping Fair, an open practice field, and a cricket field.  Before costs estimates are sought, it was felt the Town Council should review this idea.  There are trees in the center of the property that need to be cleared. For the use of the property, porta potties can be brought onto the property and it could be reviewed to see if a water line can be extended to the proeprty in case in the future a concession stand or bathrooms are considered.  

Councilor Wager voiced his support for the Town to look further at the feasibility of using this property for multi purposes.  

Councilor Delnicki felt that there is a lot of potential on the property, but the Council needs to be concerned with costs.  

Deputy Mayor Havens stated he feels the Town should clear up the trees and have future use of the property.  Deputy Mayor Havens questioned if the property is zoned for the fair use?  Mr. Galligan explained that the Town would have to go to Planning & Zoning Commission to address the zone and also do an 8-24 referral.

Councilor Paterna felt that the idea was good and questioned if the Town is thinking about an alternative energy solution?  Mr. Galligan stated that the Town is not thinking about putting solar there.

Mayor Anwar stated that there seems to be consensus to have the Town staff invest their time into this project.  Mayor Anwar also stated that he likes the phased approach on this plan.

G.      Discussion Item:  Drafting an Ordinance for the Funding of Capital Projects

Mayor Anwar explained to the Council that establishing an ordinance would help to prevent or reduce the risk of having funds taken from the capital projects for the budget.  If the Council wants to take funds from the capital

(Discussion Continued on Next Page)

ITEM:

14.     G.      (Continued)

projects, a public hearing would have to be held.  Also included in the ordinance would be that a percentage of any new tax revenue coming to the Town would go toward capital projects.  If the Council would like to pursue an ordinance of this kind, the Town Attorney could draft something up for the Town Council to review.  

Councilor Snyder felt that a policy should first be established because she was not sure that this Council should bind future Councils.

Mr. Galligan stated that he likes the idea of an ordinance because you then get public input.  A resolution or policy would need something strong it in to make it work.  Mr. Galligan then suggested to the Council that the Council think about doing a two-year budget process.  

Councilor Pendleton felt the Council should do something to fund capital projects and agreed with doing an ordinance that puts a percentage of new tax revenue towards capital projects.

Councilor Wagner stated that an ordinance would be preferred.  The Council then discussed a two-year budget.  Mr. Galligan stated that another way to put funds in the capital projects is when there are left over funds from the budget, they can be taken an put into capital projects.

Councilor Delnicki said he would support a resolution that supports a policy, but would not support an ordinance as a first step.  Mr. Galligan suggested that a policy be established as the first step, and then the Council can decide whether to put it into a resolution or ordinance.

15.     Passage of Ordinance

None

16.     Communications and Reports from Town Manager (Continued)

Councilor Pendleton requested that Mr. Major come to the January 20, 2015 meeting to give a report on the maintenance needs of the public buildings in Town.




ITEM:

17.     Public Input

None

18.     Communications and Petitions from Council

None

19.     Executive Session

At 10:20 p.m. Councilor Delnicki made a motion to go into Executive Session to discuss 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).  Councilor Snyder seconded the motion; and it was approved, unanimously.

The following individuals were in Executive Session:  Mayor Anwar, Deputy Mayor Havens, Councilor Delnicki, Councilor Paterna, Councilor Pendleton, Councilor Mirek, Councilor Snyder, Councilor Wagner, Town Manager Matthew B. Galligan, Town Attorney Keith Yagaloff, and Peter DeMallie who is the owner of Design Professionals, Inc.

At 10:55 p.m. Councilor Delnicki made a motion to adjourn the Executive Session.  Councilor Mirek seconded the motion; and it was approved, unanimously.

20.     Adjournment

At 10:55 p.m. Councilor Delnicki made a motion to adjourn the Regular Meeting.  Councilor Mirek seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council