Town Council Regular Meeting
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 15, 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 Carolyn Mirek
Councilor Andrew Paterna
Councilor Liz Pendleton
Councilor Matthew Riley
Councilor Janice Snyder
Councilor Stephen Wagner
Also Present: Matthew B. Galligan, Town Manager
Keith Yagaloff, Town Attorney
5. Public Input
The following individuals came before the Council to speak in favor of having Community Gardens on Deming Street:
- Mr. Tim Shepard, 45 Newberry Road
- Mr. Roger Thompson, 342 Slater Street
- Ms. Ivy Farinella, 594 Deming Street
- Mr. Joe Kennedy Jr., 81 Allison Drive
- Ms. Daria Plummer, 235 Orchard Hill Drive
- Mr. Richard Rossitto, 33 High Ridge Road
- Mr. Tom Frigo, Pleasant Valley Condominiums
- Mr. Robert O’Connor, 126 Krawski
- Ms. Betty Warren, 494 Abbe Road
- Mr. Jim Throwe, 1330 Main Street
- Mr. Bill Marshall, 145 Rockledge Drive
- Mr. Alan Larson, 46 Jacques Lane
- Ms. Louise Evens, 1678 Main Street (letter read into the record)
The following individuals came before the Council to speak in opposition of having Community Gardens on Deming Street:
- Ms. Sarah Hambrick, 575 Deming Street
- Mr. Lee Santos, 513 Deming Street
Mr. Richard Kelley, 49 Rosemary Lane came before the Town Council to speak in opposition of the proposed apartments at Evergreen Walk receiving a tax abatement. A project like this does not need reduced fees.
6. Environmental Health & Safety Message
Mayor Anwar stated that June is Men’s Health Awareness Month. Prostate cancer is a silent killer and it is important to have the appropriate tests to identify it early.
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Public Hearing Minutes of April 27, 2015; Special Meeting Minutes of April 27, 2015; and Regular Meeting of June 1, 2015.
Was made by Councilor Mirek
Seconded by Councilor Delnicki
Councilor Wagner felt that on the Special Meeting Minutes of April 27, under the discussion of the LED Streetlights, Mr. Galligan commented that it would be possible to use some of the savings from energy projects to fund a position. Councilor Delnicki commented that he did not feel that was part of the legislative intent of the LED motion that was passed on May 4th. Councilor Wagner explained that he went back and listened to the May 4th meeting and specifically to that item and there was an amendment to the resolution by Councilor Delnicki that “the savings must be used for energy projects”, instead of “the savings can be used for energy projects”. The issue is the way it was used would limit the Town from hiring a Project Manager for energy projects if that is appropriate. There was no discussion on how the money would be used specifically or legislative intent. It may or may not be a good idea to hire someone and that should be discussed.
Councilor Delnicki stated that minutes are a reflection of what is stated at a meeting, what is discussed at a meeting and what the opinions of Councilors make at a meeting. The minutes should stand as they have been published.
Mayor Anwar called for a motion on the minutes; they were approved, unanimously.
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
Councilor Snyder requested that the Personnel Committee set up a meeting to review the evaluations of the Town Manager and Clerk of the Council.
11. Reports of Temporary Committees
Councilor Paterna reported that the Public Building Commission is going through the budget evaluation process and bids will be sent out in November or December for the new elementary school project. The Public Building Commission will have a ground breaking in early May 2016.
Councilor Wagner stated that the WPCA has been exploring a way to give relief of sewer fees to qualified homeowners. They have scheduled a public hearing on July 7, 2015 at 6:30 p.m. with the proposed rate changes. The proposal consists of elderly and totally disabled homeowners who have a sewer connection, based on income, and qualify for the State tax credit will qualify for this program. The percentage of reduction will be the same as provided by the tax program which could be up to 50% depending on their income. This year those who have already qualified for the tax program will be automatically enrolled in this assuming that the proposal passes. In subsequent years, homeowners will have to apply at the same time as they apply for the tax program. There are 234 homeowners who have qualified for the tax program and among those, 206 have sewer connections.
12. Consent Agenda
Councilor Riley and Councilor Wagner made a motion to approve Agenda Items 14. A.* through 14. F.* as the Consent Agenda. Councilor Pendleton seconded the motion; and it was approved, unanimously.
14. New Business
* A. Resolution Reappointing Herbert Asplund (R) to the Patriotic Commission and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Herbert Asplund (R) to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* B. Resolution Reappointing Gene Botteron (R) to the Patriotic Commission and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Gene Botteron (R) to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* C. Resolution Reappointing William Carroll (R) to the Patriotic Commission and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints William Carroll (R) to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)ITEM:
* D. Resolution Reappointing Teri Dickey-Gaignat (R) an Alternate to the Patriotic Commission and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Teri Dickey-Gaignat (R) an Alternate to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* E. Resolution Reappointing Teri Dickey-Gaignat (R) to the Personnel Board of Appeals and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Teri Dickey-Gaignat (R) to the Personnel Board of Appeals for a term ending November 30, 2017 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* F. Resolution Appointing William Flagg (D) an Alternate to the Planning & Zoning Commission and Postponing Consideration of this Motion to the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints William Flagg (D) an Alternate to the Planning & Zoning Commission for a term ending November 14, 2015 and postpones consideration of this motion to the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
13. Unfinished Business
A. Resolution Referring the Proposal to Create a Community Gardens Site on the former Nelson Farm Property at 504 Deming Street to the South Windsor Planning & Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes (Postponed from the May 4, 2015 Town Council Regular Meeting)
WHEREAS, the Town purchased a 10.92 acre property in November 2010 with Open Space bond monies; and
WHEREAS, the property known as the “Nelson Farm”, with frontage on Deming Street consists largely of previously cultivated farmland; and
WHEREAS, the Town has proposed this location be used for additional community gardens to include seventy (70) 20’ x 40’ plots and six (6) raised handicap accessible planting beds, 4’ x 8’ x 30” in size; and
WHERAS, the current community gardens at the Avery Street property totaling 61 plots at 20’ x 38’ each are fully subscribed with 26 individuals on a wait list; and
WHEREAS, development of the new community gardens at 490 Deming Street will be funded by a combination of in-house efforts by the Parks & Recreation Department, in-kind contributions of South Windsor Food Alliance volunteers and a $20,000 grant from the State of Connecticut, Department of Agriculture Farmland Restoration Program; and
WHEREAS, the Town recognizes the value of gardening in that it provides for physical activity and a local natural food source for sustaining health and wellness of our residents
NOW, THEREFORE, BE IT RESOLVED that the proposal to create an additional community gardens site on the “Nelson Farm” Property at 490 Deming Street be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.
Was made by Councilor Paterna
Seconded by Councilor Snyder
Councilor Paterna explained that there have been three meetings with neighbors and at this time he would not be supporting this resolution. The Council should respect the opinion of the residents who live in that neighborhood. There are alternative locations that could be sought for this use. Councilor Paterna felt that this plan should be sent to the Park & Recreation Commission so they can review alternative sites for community gardens and also review alternative uses for the Deming Street property.
Councilor Mirek stated that the meetings held were only with the individuals who were opposed to this project and the meeting should have be published and held for everyone who has any type of interest in this project.
Mr. Al Larson, Chairperson of the Park & Recreation Commission informed the Council that Ray Favreau who is the Director of Parks & Recreation Department did report back to the Commission that this project was not positively received. It is a new project and the Park & Recreation Commission would be glad to review it if that is the wish of the Council. The Park & Recreation Commission would have 60 days to review this project but could probably get it back to the Council in 30 days as long as the Commission has a quorum.
Mr. Galligan suggested that this project be sent to the Park & Recreation Department at the same time it is sent to the Planning & Zoning Commission. The Council can make a final decision at a later date if this is the right location for this use after all of the reports are sent back.
Answering questions from the Council, Mr. Larson stated he could not comment to the Council if this is the best use and/or highest use of this property because the Park & Recreation Commission has not seen the plan yet. Mr. Robert O’Connor from the Park & Recreation Commission came forward and explained although this plan has not been technically sent to the Park & Recreation Commission; the Commission has had discussions regarding this project. This recommendation comes from Town staff who are the professionals and Mr. O’Connor felt this location is the best location for community gardens.
Mr. Ray Favreau, Director of the Parks & Recreation Department concurred that this is the best location for community gardens. There have been other purposes reviewed for this site, but this is the lowest impact, lowest cost, a need in Town and is an agricultural use which has been done previously on this site. Mr. Favreau explained that plans can come from the Park & Recreation Commission to the Town Council without a referral. This was a staff Park & Recreation initiative that was brought forward as opposed to someone coming to the Council and the Council referring it back to the Park & Recreation Commission. The Town will lose the grant because it is applicable to the Deming Street site. Other properties were not considered because this site was felt to be the ideal site and in the Recreation Master Plan, other sites have different uses planned on them.
At 8:00 p.m. the Regular Meeting was recessed in order to hold a Public Hearing. The Regular Meeting reconvened at 8:07 p.m.
Answering further questions from the Council, Mr. Favreau explained that this project has been vetted through the Park & Recreation Commission and the Committee that put it together which included a member of the Park & Recreation Commission, a member of the Planning Department, two members from the Park & Recreation Department, and a member of the Food Alliance. Many of the other sites have other purposes slated through the Recreation Master Plan. To have a nature preserve at this site would limit the available land for another use because although it is almost 11 acres, a sizable area is wooded, sloped area that would not get utilized.
Mr. Favreau stated that the idea of a community garden came from the Food Alliance group which is a sub-committee of the Park & Recreation Commission.
Councilor Snyder felt that the Priest Farm property, once it becomes available, would be another site that could host community gardens as discussed in the South Windsor Agriculture, Arts and Nature Center Committee.
Mr. Favreau explained that the community gardens would be approximately 200 feet from the road. When the grant was applied for, this specific site was noted in the grant. This property was not part of the Master Plan because the property was not part of the inventory. The neighbors were brought into the process prior to coming to the Town Council. Mr. Favreau encouraged the Town Council to move forward with this project and when the Priest Property project is complete he would be more than willing to move the gardens to that location.
Mr. Galligan stated that he is not aware if the grant can be moved to another location. Usually grants are site specific but he would double check on that.
Deputy Mayor Havens felt that the Town Council needs to listen to the community and feels the Park & Recreation Commission should find another location that may be more suitable for community gardens.
Councilor Mirek explained that the petition that was signed, some of the people did not know all of the facts. Councilor Mirek questioned if there is a way to bring the berm up so the area is less visible? Mr. Favreau responded saying that there are buffers involved in the plan, but neighbors did not want that as part of the plan.
Town Attorney Yagaloff told the Council that sending this project to the Planning & Zoning Commission for an 8-24 referral is not a vote to approve the project. The 8-24 referral is to ask the Planning & Zoning Commission if the plan is consistent with the Plan of Conservation and Development.
Councilor Wagner felt that sending this plan to the Planning & Zoning Commission and the Park & Recreation Commission at the same time would be a good idea. The Avery Street Gardens looks like it is orderly.
Councilor Pendleton felt it would be a good to understand the intent of use of this property when the Town bought it. If this property were used as walking trails or a playground, the Town would be spending money on maintaining it and she felt that the property should be self maintained by the citizens if it is approved as community gardens.
Mr. Favreau explained that in 2008, the Open Space Task Force recommended in a letter that the property be used for possible active recreation or continued agricultural practices.
Councilor Snyder stated that she would support sending this proposal to the Planning & Zoning Commission for an 8-24 referral. The project is not being approved by the Council at this time and there will be more time to review this project and make a decision at a later time. There are other locations where the gardens could be located but at this time Councilor Snyder said she does not feel the Park & Recreation Commission should spend any more time on this issue.
Mayor Anwar stated that the reason it was suggested to send this back to the Park & Recreation Commission is so the community members who feel they haven’t been part of the process will have a chance to be part of the process.
Councilor Riley said he would support the idea of sending this proposal back to the Park & Recreation Commission and the Planning & Zoning Commission. This would ensure that the community is fully informed.
Councilor Delnicki felt that other locations should be reviewed for this purpose. It would be best for the community to be totally informed and involved.
Ms. Betty Warren, 494 Abbe Road and also Chairperson of SWALPAC came forward and explained that this property was actively farmed a couple of years ago and community gardens are farming. The neighbors could not be unaware that something was going to be done on this property. This project has been reviewed by other Commissions (Open Space Task Force, SWALPAC, and Food Alliance) including the Park & Recreation Commission. If a petition were started that was for the Community Gardens on Deming Street, there would be just as many signatures as there were for the petition against the Community Gardens on Deming Street.
Councilor Paterna made a motion to amend the resolution by adding an additional paragraph at the end of the resolution to read as follows:
BE IT FURTHER RESOLVED that the South Windsor Town Council, pursuant to Town Ordinance Section 74-72(b), does hereby refer the community gardens site on the “Nelson Farm” property at 490 Deming Street to the South Windsor Park & Recreation Commission for its review and comment, and requests that the Commission makes its recommendation to the Town Council in the form of a written advisory report within sixty (60) days. The Commission is also requested to evaluate and recommend alternative sites for the additional community gardens and alternative uses of the property at 490 Deming Street
Deputy Mayor Havens seconded the motion; and the amendment was approved, unanimously.
Mayor Anwar called for a vote on the amended resolution; it passed on a roll call vote of 8 to 1 with Councilor Snyder voting in opposition to the amended resolution.
The amended resolution to read as follows:
WHEREAS, the Town purchased a 10.92 acre property in November 2010 with Open Space bond monies; and
WHEREAS, the property known as the “Nelson Farm”, with frontage on Deming Street consists largely of previously cultivated farmland; and
WHEREAS, the Town has proposed this location be used for additional community gardens to include seventy (70) 20’ x 40’ plots and six (6) raised handicap accessible planting beds, 4’ x 8’ x 30” in size; and
WHERAS, the current community gardens at the Avery Street property totaling 61 plots at 20’ x 38’ each are fully subscribed with 26 individuals on a wait list; and
WHEREAS, development of the new community gardens at 490 Deming Street will be funded by a combination of in-house efforts by the Parks & Recreation Department, in-kind contributions of South Windsor Food Alliance volunteers and a $20,000 grant from the State of Connecticut, Department of Agriculture Farmland Restoration Program; and
WHEREAS, the Town recognizes the value of gardening in that it provides for physical activity and a local natural food source for sustaining health and wellness of our residents
NOW, THEREFORE, BE IT RESOLVED that the proposal to create an additional community gardens site on the “Nelson Farm” Property at 490 Deming Street be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes; and
BE IT FURTHER RESOLVED that the South Windsor Town Council, pursuant to Town Ordinance Section 74-72(b), does hereby refer the community gardens site on the “Nelson Farm” property at 490 Deming Street to the South Windsor Park & Recreation Commission for its review and comment, and requests that the Commission makes its recommendation to the Town Council in the form of a written advisory report within sixty (60) days. The Commission is also requested to evaluate and recommend alternative sites for the additional community gardens and alternative uses of the property at 490 Deming Street.
G. Resolution Accepting the Resignation of Joan Walsh (D) from the Board of Assessment Appeals
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Joan Walsh (D) from the Board of Assessment Appeals, said resignation effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Joan Walsh for the time she has dedicated to serving her community by her membership on the Board of Assessment Appeals.
Was made by Deputy Mayor Havens
Seconded by Councilor Delnicki
Mayor Anwar thanked Joan Walsh for her time volunteering on the Board of Assessment Appeals.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
- Resolution Setting Terms for the Members and Alternates of the Board of Assessment Appeals (Board of Tax Review)
WHEREAS, the Town Charter of the Town of South Windsor provides in Section 502 that the Town Council shall appoint a Board of Tax Review; and
WHEREAS, the Charter requires that the Board of Tax Review shall consist of three members and two alternates; and
WHEREAS, the Charter provides for the dates of the initial appointment of the members of the Board of Tax Review and provides for four year terms; and
WHEREAS, in 1995, the Connecticut General Assembly changed the name of the “Board of Tax Review” to the “Board of Assessment Appeals” and the duties and responsibilities of the Board are set forth in the Connecticut General Statutes; and
WHEREAS, there has over time been some confusion with the terms of appointments for the members and alternates
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby fixes the terms of the members and alternates of the Board of Assessment Appeals (Board of Tax Review) to bring such terms into compliance with the Town Charter, as follows:
- The term of member Darren DeMartino (R) shall be effective through November 30, 2017;
The term of member Kevin Greer (R) shall be effective through November 30, 2015;
- The term of a vacancy (previous Joan Walsh) (D) shall be effective through November 30, 2015;
- The term of alternate Carolyn Carey (R) shall be effective through November 30, 2015; and
- The term of alternate Debbie Duarte (D) shall be effective through November 30, 2017; and
BE IT FURTHER RESOLVED that the South Windsor Town Council hereby postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councilor Pendleton
Seconded by Councilor Wagner
Town Attorney Yagaloff explained that the terms were supposed to be staggered for four year terms. The Charter does not specify what happens with alternates because it was deficient when it established the appointments. This resolution is addressing the violation of the Charter.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
I. Resolution Waiving Competitive Bidding for Public Works Department’s Vac-All
WHEREAS, the Town of South Windsor Public Works Department’s Vac-All is twenty years old and is in need of extensive repairs to become operational; and
WHEREAS, the Vac-All is used to clean and maintain half of the Town’s 4,400 catch basins yearly as required by Federal and State storm water requirements, and is used for emergency repairs and emergency clogged storm systems; and
WHEREAS, the Public Works Department explored numerous options to repair and/or replace its inoperable Vac-All; and
WHEREAS, the Town of Greenwich has traded-in their good working 2009 Vac-All truck; and
WHEREAS, one of the best and lowest cost option is to purchase the Greenwich Vac-All from Bahr Sales, Inc.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby waives the competitive bidding process as described in Section 714 of the Town’s Charter and authorizes the Public Works Department to purchase the Greenwich Vac-All from Bahr Sales, Inc.
Was made by Councilor Delnicki
Seconded by Councilor Snyder
Answering questions from the Council, Mr. Owens from the Town Garage came before the Town Council and explained that he has been trying to run an effective catch basin cleaning program for ten (10) years with a lemon. The Town’s Vac-All is used to clean and maintain catch basins as well as de-water catch basins for repair, clean for inspections and clear emergency clogged storm water systems of debris. The Town’s Vac-All is 20 years old and has exceeded its service life expectancy. The maintenance costs are well above normal and the unit is currently out of service due to extensive work needed. The Town is required to clean ½ of its 4,400 catch basin inventory each year. Staff explored three options for replacement of the Vac-All which were to buy a new replacement, refurbish the existing unit or purchase a used unit. A new comparable unit would cost approximately $200,000. Refurbishing the existing unit would cost between $41,550 to 66,700 and purchasing the used unit would cost $35,000. The Public Works Departments recommendation would be to purchase the used Vac-All which would be a cost savings of $20,000 to $165,000.
Answering further questions, Mr. Owens stated that the Town will be able to use the old truck for a variety of alternatives. The frame and motor are both in good shape. This item is supposed to be replaced this year (the body) but unfortunately have gone over costs in other purchases. Mr. Galligan informed the Council that this Vac-All would be paid through the Public Work’s budget.
Mayor Anwar called for a vote on this motion; it was approved, unanimously.
J. Resolution Approving a Refund of Taxes to Six (6) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to six (6) South Windsor Taxpayers, the total of said refund being $624.03, and as more fully described on attached Exhibit A.
Was made by Deputy Mayor Havens
Seconded by Councilor Delnicki
The motion was approved, unanimously
15. Passage of Ordinance
- Resolution Adopting an Ordinance Concerning the Capital Projects Budget
BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance Concerning the Capital Projects Budget, as shown in attached Exhibit B.
Was made by Councilor Snyder
Seconded by Councilor Pendleton
Councilor Snyder felt that members of the public made some good points and questioned if the ordinance should be reviewed further before there is action on this item.
Mr. Galligan stated that the Town has a policy that dictates what the bottom line is which is $25,000. When Capital Projects worked well and had money, the addition of the Public Works (Town Garage) was done over a four year period and the Town did not bond that project. In the past, when the Library first go voted down, the Council put the project in the budget and built the first Library over a two year period. The second time the Library went for a referendum for an addition, it was passed unanimously. There is no max, but past practice has shown that large projects go to referendum. This ordinance is designed to try to build the capital funding back up in order to get projects done.
Answering questions from the Council, Mr. Galligan explained that when new revenue is generated through taxes, up to 5% of that new revenue would go to fund capital projects.
Councilor Pendleton explained to the Council that she had this ordinance created because almost two years ago it was realized that there was not enough funds in capital projects to get all of the projects done. Councilor Pendleton stated that it would be a Council decision to decide between 1% to 5% of the new revenue that would go into Capital Projects. Mr. Galligan added the Council would also still have to decide what projects are priorities.
Councilor Delnicki pointed out to the Council that this ordinance places a new mandate on the Town Council, a mandate that can only be overwritten by six (6) or more votes. If the budget is a tight budget, this ordinance will have unintended consequences taking funds from either the Town or Board of Education. This ordinance should be located on the website for public view. Since it was not, Councilor Delnicki questioned the rest of the Council members if this should be tabled in order for the public to be able to view the ordinance before any decision is made on it. The only way the public has the ability to view this ordinance presently is by coming to the Town Hall. If this ordinance is approved, Council members should not be shy about modifying this ordinance in order to make improvements to it in the future.
Town Attorney Yagaloff explained to the Council that this ordinance does not have anything to do with expenditures; it is all about raising funds for capital projects. There is a Charter requirement under Section 314 which requires a referendum for the issuance of bonds or notes greater than $25,000. Also under Section 315 it states that if the Council, out of the budget cycle, wants to appropriate more than $25,000 then 6 votes are needed and a public hearing is required to be held. Ordinance #199 says that if there is a lease purchase, or a purchase which is not backed by the full faith and credit of the Town, there is a $1,000,000 cap which requires 5 votes, between $1,000,000 to $1,500,000 requires 6 votes, and anything over $1,500,000 requires the Town to go to referendum.
Mr. Galligan stated that the Town follows the necessary procedures when holding a public hearing. If it is the wish of the Council, proposed ordinances can be put onto the website for public view.
Councilor Wagner made an amendment to the proposed ordinance by replacing wording in the third paragraph. The present sentence reads “Further, the Town Council shall have as a general guideline that the Town shall maintain a total Capital Improvement fund balance in an amount equivalent to at least 5% of the current adopted annual budget” and Councilor Wagner proposed the sentence to read, “Further, the Town Council shall have as a general guideline that the Town should appropriate an amount equivalent to 5% of the current adopted annual budget to the Capital Improvement Fund”. Councilor Paterna seconded the amendment.
Mr. Galligan stated that he does not feel that was what was intended. If the Town had a budget of $108,000,000.00, there is no way the Town Council could put 5% into the Capital Projects and raise taxes to that level.
Town Attorney Yagaloff explained that the Council wanted a running list of expenditures for Capital Projects and the Council’s goal was to have a running list to be at least $5,000,000.00 in projects at any one time. The projects would not all be done within one year. The list constitutes the planned expenditures which satisfied the requirement in the Town’s Charter. The amendment could be read that the Council would have to do 5% of the annual budget for Capital Projects which would put your annual expenditures at $5,000,000.00.
Mr. Galligan added that the Capital Fund balance is a list of projects that have not been completed yet. If a project comes in under funded, the Council can take that money and apply those funds to another project.
Councilor Wagner said he does not feel the fund balance has any place in this ordinance. The sentence should be eliminated or use the sentence to set a target that is a little higher than 1% in order to get some real work done.
Town Attorney Yagaloff explained that when projects are completed from capital, any balance goes back into the general fund. If a project is not completed in a certain time frame, funds are put back into the general fund. The Town Council was concerned that money would be constantly cycling back into the fund balance away from capital if item did not get expended. Therefore a list was created of expenditures that satisfied the Charter requirement and funds would not lapse at the end of the year and go back into the fund balance. The sentence that Councilor Wagner is amending is trying to set a target policy of 5% as the amount of Capital Projects that are operating at any one time. That is the Town Council’s goal and that is about $5,000,000.00 worth of active Capital Projects that are in the works.
Councilor Riley stated he is in opposition of the amendment because it can be read to imply that the Council is going to take 5% of the budget every year and put that into the Capital funds.
Councilor Pendleton explained that all she was trying to accomplish is a percentage between 1% to 5% of new revenue, depending on if it is a good year or bad year, to be put into the Capital Projects fund in order to build that fund up.
Councilor Delnicki stated that he is opposed to the amendment.
Mayor Anwar called for a vote on the amendment, it failed on a roll call vote of 2 to 7 with Councilor Wagner and Councilor Paterna voting in favor of the amendment; and Mayor Anwar, Deputy Mayor Havens, Councilor Delnicki, Councilor Mirek, Councilor Pendleton, Councilor Riley and Councilor Snyder voting in opposition of this amendment.
Councilor Mirek felt that the wording in the sentence discussed above should be changed in order for everyone to understand it clearly.
Mr. Galligan stated that the idea of this ordinance is to have a fiscally responsible program that gives the Town money to do things that need to get done before they are so bad that it will cost the Town a fortune. It is a planning device that says at least 1% has to be in the Capital Projects funding with a goal up to 5% of new revenue coming in to be air marked for a Capital budget as a funding mechanism. The cap is the Council’s goal of $5,000,000.00.
Answering questions from the Council, Town Attorney Yagaloff explained that the way the Charter reads, there can to be a reserve for Capital Projects. Funds have to be appropriated which means the list will suffice. If there is an emergency, the list would have to be reorganized to take items off the list for the payment of the emergency. Once a project has begun, those funds are encumbered for that certain project and cannot be redesignated. Unencumbered funds can be redesignated. In the sentence where it says “at least 5%”, that is a goal. That wording could be changed if that is the desire of the Council.
Councilor Pendleton made a motion to amend the sentence in the third paragraph that reads “Further, the Town Council shall have as a general guideline that the Town shall maintain a total Capital Improvement fund balance in an amount equivalent to at least 5% of the current adopted annual budget.” To read “Further, the Town Council shall have as a general guideline that the Town shall maintain a total Capital Improvement fund balance goal of at least 5% of the current adopted annual budget.” Councilor Wagner seconded the amendment.
Mr. Galligan informed Councilor Wagner that the way to measure that goal is when the budget is given to the Council; the financial statement will say your Capital Fund Balance is $5,000,000.00. The Council will then know they met their goal.
Mayor Anwar called for a motion on the amendment; it passed on a roll call vote of 8 to 1 with Deputy Mayor Havens in opposition.
Mayor Anwar called for a motion on the amended resolution; it was approved, unanimously.
16. Communications and Reports from Town Manager
Mr. Galligan reported that the South Windsor Track and Turf Field improvement bids have come back. Turco Golf from Upstate New York was the successful bidder at $1,450,000.00. The total price would be $1,521,300.00 which includes the logo and to hire a Clerk of the Works to observe the project during construction. The budget for this project is $1,450,000.000 so the project will be under budget by $400,000. It is hopeful that a contract will be signed on Friday and the project will be done for September. Mr. Hankard has worked very hard on this with the support of Mr. Gantick. The envirofill was used versus the crumb rubber which cost $204,000.00 more. Mr. Galligan felt that the drainage system is better.
Mr. Galligan brought to the Council’s attention that the Town should be getting the bids for the EOC tomorrow. The bids will be reviewed and the Council will be informed of the outcome. Mr. Galligan stated that he has not received the results of the STEAP grant yet.
Answering questions from the Council, Mr. Galligan explained that Turco Golf was the successful bidder for the track and turf field improvements.
Mr. Galligan explained that the Town does not collect a full amount in taxes every year. Next year you will see a line item which shows you what has been collected for prior years taxes, plus interest, liens and penalties. Mr. Galligan stated he would do an aging of accounts to show Councilor Wagner how the collection of taxes work. When a taxpayer does not pay their taxes, the Tax Collector will send out a notice first and then there are a variety of ways that the Town will use to try to get those taxes.
The total cost for the update to the sewer system on Main Street will probably be close to $1,000,000 when complete. A final cost will be sent to the Council. A list of budget cuts will also be sent to the Council. The State funding in the budget is still in tact at this time, but a final number will not be known until the Governor signs the budget and it gets passed.
Council members discussed the dashboard at length. Mr. Galligan explained that his staff has been informed of the dashboard. The Council will have to discuss the dashboard with the department that does not have information regarding the it.
Mr. Galligan informed the Council that if the Council decides they would like tickets that have been closed deleted after a certain period of time that can be done and if the Council would like to get that information, there is an archival system that can be accessed through staff. The archival system that is accessable for five years. If anyone from the public would like this information, they would have to send a public information request to the Town Manager. The records are kept according to State Statute.
Mr. Galligan explained to the Council that he received an email from a resident complaining about the noise from the High School during a dance that was held outdoors. The resident went to the Police Department and a Police Report is available. Mr. Sullivan who is the Principal at the High School went to the residential home and noted that the noise at the High School was not as great as the noise at the house because the sound travels. The equipment was redirected and Mr. Sullivan felt that the High School could put speaker systems that sit in the seating arrangement themselves. Also being reviewed is putting adequate fencing up as well. The funds are not in the budget at this time but will see if there are any funds left over after the track and field project is complete or if another project comes in under budget those funds can be used towards the speaker system and fencing. The residents were also concerned about the language in the music. The Superintendent stated that the music that is used is radio based which cuts foul language out of the music.
Councilor Wagner suggested to the Council that any closed tickets through the dashboard that are 3 months old or older should be eliminated from the reports. After a short discussion on this item, it was the general consensus of the Council that any closed ticket on the dashboard should be eliminated from the reports after one month and should be placed in an area where they can be reviewed if someone so chooses.
Councilor Wagner then suggested that on all of the tickets there be a statement that says “to ensure that all Councilors are informed, please provide the requested information by replying to this email”. Another issues that needs to be addressed is not all of the Council members have been receiving both reports from the Council dashboard.
Mr. Galligan informed the Council that he has a call into Ken Rutland to come up with dates to hold a Strategic Planning Session with the Council. Mr. Galligan will inform the Council of available dates after discussions are held with Mr. Rutland.
Mayor Anwar felt that the attachments for the Town Council agenda should be available on the website. Mayor Anwar then stated that he had a meeting with some of the people from Main Street who complimented the quality of the Town’s Public Works personnel. The Main Street neighborhood had a luncheon for Public Work’s employees to show them their gratitude. The Town Council and Board of Education should work collaboratively to create a mechanism to protect the neighbor’s quality of life near the High School. Mr. Galligan informed the Council that the Board of Education is drafting a policy which the Council and residents can review.
17. Public Input
Mr. Eric Hill, 36 Mountain View Road came before the Council and explained that the only reason there as no criminal action taken for the noise at the High School was because proper equipment to read the noise was unavailable. The complaint was not just noise; it was language as observed by the police officer. Mr. Sullivan had said in the past that he was going to have a sound expert come out and he admitted in front of the officer that money was not in the budget. The whole year went by with the neighbors believing that sounds experts were going to come out and that never happened. Communication has been poor at best and Mr. Hill stated the noise and profanity are unacceptable and he would hope that a barrier is put up as soon as possible. A neighbor was going to have a graduation party with young kids coming over but had to cancel it because of the noise and profanity. This noise had nothing to do with the speakers in the Stadium field, this was a DJ booth set up in the middle of the field. He said Mr. Sullivan did attempt to move the speakers to a different direction then they were normally facing but it did not seem to make a difference.
Councilor Paterna handed out a document on Naloxone and explained that this is a drug that can be used for drug overdoses. Since 2014 when the State of Connecticut passed a law to allow State Troopers to carry Naloxone or Narcan, twenty lives have been saved just between October 2014 through January 2015. The problem initially was that it was an injectable drug so there was some liability. The State has passed a law that any first responder that administers the drug is now immune from any kind of legal obligation; however, it has now gone to a nasal spray which makes it much easier to administer. Councilor Paterna requested the Council’s and Town Manager’s permission to meet with Deputy Chief Edwards and see what the possibility is for South Windsor police officers being able to carry this as part of their first responder first aid kit.
Mayor Anwar explained that he has seen patients in the ICU who have been resuscitated but they were brain dead by the time they have been resuscitated. Had there been this option available those lives would have been saved. Thankfully there is technology that has moved into this direction and Mayor Anwar felt it is a very good idea that Councilor Paterna has put forward. Mayor Anwar felt it would be worth talking to the police department and as the Town’s first responders, they should be ready for this.
Mr. Galligan said he would set up a meeting with the Chief to discuss this and report back to the Town Council.
Councilor Wagner stated he was very happy that the Council was able to pass the ordinance on the Capital Projects and requested that the Capital Projects Committee propose a revision to the policy consistent with the new ordinance. Councilor Wagner also felt that the Capital Projects Committee should be established formally with an ordinance rather than a resolution.
19. Executive Session
None
20. Adjournment
At 10:37 p.m. Councilor Delnicki made a motion to adjourn the meeting. Deputy Mayor Havens seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council