Town Council Regular Meeting

Members Present:      Mayor M. Saud Anwar

                                       Deputy Mayor Edward Havens

                                       Councilor Thomas Delnicki                   

                                       Councilor Carolyn Mirek

                                       Councilor Andrew Paterna

                                       Councilor Matthew Riley

                                       Councilor Janice Snyder

                                       Councilor Stephen Wagner

 

Members Absent:       Councilor Liz Pendleton

 

Also Present:               Keith Yagaloff, Town Attorney

 

5.      Public Input

 

Mr. Mohammad Quraishi, 111 Frazer Fir Road came before the Town Council and expressed opposition regarding anything happening to a parcel of land in front of the entrance to Frazer Fir Road if it will create any additional traffic, increase taxes or bring his property value down.

 

Mr. Andrew Moseley, 217 Frazer Fir Road voiced concern of the Town considering to transfer land that was promised to be left as open space to the individual who originally sold that parcel to a developer.  When looking at buying on Frazer Fir Road, it was stated that the Town would receive this parcel as open space.  The neighborhood is not opposed to business development, but is concerned that the business development will negatively impact the neighborhood properties and the safety of the neighborhood children.  Mr. Moseley encouraged his neighbors to oppose the transfer of Town open space to Dzen Tree Farm.

 

5.      Public Input

 

Mr. Jason Race, 17 Sunnyside Drive came forward and voiced support for the proposal to transfer property so that the Dzen Tree Farm will have access for customers to the farm.

 

Ms. Ankur Basu, 6 Blue Spruce Road voiced opposition to this proposal because of the safety of the children in the neighborhood due to the traffic that will occur in the proposed access.

 

6.      Environmental Health & Safety Message

 

None

 

7.      Adoption of Minutes

 

BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings:  Regular Meeting Minutes of July 6, 2015.

 

Was made by Councilor Paterna

Seconded by Councilor Wagner

The motion was passed on a Roll Call vote of 7 to 0 with Councilor Delnicki abstaining.

 

8.      Public Petitions

 

None

 

9.      Communications from Officers and Boards Directly Responsible to Council

 

Councilor Wagner informed the Council that on July 7, 2015 the Water Pollution Control Authority held a public hearing on a proposal to create a special rate category for people who already qualify for tax relief due to being elderly and/or disabled and who also meet certain income requirements.  That proposal was adopted so individuals will automatically benefit from this provision.

 

10.    Reports from Standing Committees

 

Councilor Wagner informed the Council that the audit of the Town’s existing street lights are underway.  This is in preparation for the Town’s contractor, Ameresco, to  prepare proposals to the Town that will be discussed in September for replacing all the street lights with LED Streetlights.

 

Councilor Paterna stated that the Priest Farm Planning Committee is looking at the access road into the property in order to make that property useable.  An RFP is being worked on so that the Town can go out to bid and get a team in here to do a feasibility study on that property.

 

11.    Reports of Temporary Committees

 

None

 

12.    Consent Agenda

 

Councilor Wagner made a motion to approve Agenda Items 13. A.* through 13. F.* as the Consent Agenda.  Councilor Paterna seconded the motion; and it was approved, unanimously.

 

13.    Unfinished Business

 

* A.    Resolution Appointing Bryan Jennings (D) to the Mass Transit and Highway Advisory Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Bryan Jennings (D) to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2015 to fill a vacancy.

 

(Approved by Consent Agenda)

 

* B.    Resolution Reappointing Nilofer Haider (D) to the Human Relations Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Nilofer Haider (D) to the Human Relations Commission for a term ending November 30, 2017.

 

(Approved by Consent Agenda)

 

13.    Unfinished Business (Continued)

 

* C.    Resolution Reappointing James Throwe (D) an Alternate to the Patriotic Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby reappoints James Throwe (D) an Alternate to the Patriotic Commission for a term ending December 31, 2017.

 

(Approved by Consent Agenda)

 

* D.    Resolution Reappointing Kent Carlson (D) to the Patriotic Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Kent Carlson (D) to the Patriotic Commission for a term ending December 31, 2017.

(Approved by Consent Agenda)

 

* E.    Resolution Appointing Mary Justine Hockenberry (D) an Alternate to the Economic Development Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Mary Justine Hockenberry (D) an Alternate to the Economic Development Commission for a term ending November 30, 2015 to fill a vacancy.

 

(Approved by Consent Agenda)

 

* F.     Resolution Appointing Debbie Duarte (D) a Full Member to the Board of Assessment Appeals

 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Debbie Duarte (D) a full member to the Board of Assessment Appeals for a term ending November 30, 2015 to fill a vacancy.

 

(Approved by Consent Agenda)

 

Mayor Anwar made a motion to suspend the rules and go to Item 14. B.  Councilor Mirek seconded the motion; and it was approved, unanimously.

 

14.    New Business

 

B.       Resolution Endorsing the Regional Performance Incentive Program to Receive a Grant for Access to the Connecticut Nutmeg Network High Speed Internet

 

BE IT RESOLVED that the South Windsor Town Council hereby endorses the Regional Performance Incentive Program proposal to receive a grant in the amount of $27,100 from the State of Connecticut, Office of Policy and Management for access to the Connecticut Nutmeg Network High Speed Internet.

 

Was made by Councilor Mirek

Seconded by Councilor Delnicki

The motion was approved, unanimously

 

C.       Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the Town of South Windsor Granting a Permanent Easement to Eversource Energy

 

BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, September 8, 2015 at 8:00 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Town of South Windsor granting a permanent easement to Eversource Energy for access to their existing right of way on the Priest Property.

 

Was made by Councilor Snyder

Seconded by Deputy Mayor Havens

 

Councilor Delnicki felt that a public hearing should not be scheduled until neighborhood concerns are adequately resolved regarding the Barbour Hill Substation.

 

Mayor Anwar explained that there have been communications with the Siting Counsel and their representatives.  They have said they will address some of the neighborhood concerns working with the community.

 

Councilor Mirek stated that she has received correspondence from representative Aman who received it from the Siting Counsel.  There is just some minor sound mitigation being proposed.

 

Councilor Wagner encouraged the Town Council to invite Eversource Energy to the public hearing.  This would also give residents the opportunity to come and voice their concerns.

 

Councilor Paterna also felt that a public hearing should be held.

 

Mayor Anwar called for a vote on the motion; it failed on a roll call vote of 3 to 5 with Deputy Mayor Havens, Councilor Paterna and Councilor Wagner voting in favor of holding a public hearing; and Mayor Anwar, Councilor Delnicki, Councilor Mirek, Councilor Riley and Councilor Snyder voting in opposition to holding a public hearing.

 

At 8:00 p.m. the Regular Meeting was recessed in order to hold the Public Hearing.  The Regular Meeting reconvened at 8:03 p.m.

 

Mayor Anwar made a motion to suspend the rules and take Item 14. F. out of order.  Councilor Delnicki seconded the motion; and it was approved, unanimously.

 

F.       Discussion Item:  Proposed Changes/Modifications for the Open Space Plan, Phase IV, Dzen Tree Farm Subdivision (Mannarino Builders) (requested by Councilor Paterna)

 

Councilor Paterna stated that there is a proposed solution (plan) for Dzen Tree Farm to have public access for their customers to the farm.  The plan involves a land swap between the Town and Dzen Tree Farm.  There will not be a formal vote tonight because this is a Planning & Zoning Commission issue.  The Planning & Zoning Commission would like the Town Council to state whether or not we are in favor of this approach.

 

Mr. Peter DeMallie from Design Professionals, Inc. came before the Council to review the proposed plan, as shown in attached Exhibit A, B, and C.

 

Answering questions from the Council, Mr. DeMallie stated that with this proposal there will not be any traffic going through the Frazer Fir development.  Mr. DeMallie then went on to explain that time is of the essence, if this land swap is not done in the near term then there will not be enough time to build the road in advance of the Thanksgiving time frame which is the start of Christmas Tree sales.  Mr. DeMallie reviewed both piece of properties that would be involved in the land swap and also explained where different functions for the business would be located.  The closest property line to the proposed road in the concept plan is approximately 70 feet.

 

Councilor Wagner stated that from his perspective, he would like to see the business succeed and is in favor of the proposal.

 

Councilor Riley stated that the proposed plan seems like a good proposal for Dzen Tree Farm and the community in that the land swap being proposed is helping the community by connecting the two open spaces that are currently not connected.  Councilor Riley questioned why the entire parcel that is being proposed to be given to the Dzen Tree Farm on the corner is being swapped rather than just half of it?

 

Mr. DeMallie explained that the vast majority of land the Dzen Tree Farm would be getting would be encumbered by a CL&P easement and getting the whole thing would be more of an even swap in terms of acreage.  Also, there are two crops that the Dzen family had planted there, and they would maintain those crops as part of the farm.  The entire corner would then be maintained by the Dzen family and will look like a farm.  There was consideration of the swapping of land for a smaller area but the Dzen’s would like to maintain all of the blueberry bushes and Christmas trees in the area.

 

Attorney John Bond from Devlin, Peters and Tarpey, LLC, 11 South Road in Somers, CT explained that the Dzen’s absolutely considered different size parcels.  Most concepts, if not all, included taking at least some of the blueberry bushes as well as the tree field.  If the Dzen’s were to keep some berries and keep some trees, that is fine but if they don’t control that berry bush next to theirs or that tree next to theirs, it puts their crop at a significant risk.

 

Councilor Paterna stated he is hoping that the Council can support the concept of this land swap.  The Planning & Zoning Commission is going to make the final determination on the specifics with their public hearing and all of the input that they receive.

 

Answering further questions, Mr. DeMallie explained that in the concept plan right now the proposed driveway from Frazer Fir Road on parcel one is more than 300 feet at the closest point and as you go further in is more than 350 feet.

 

Mr. John Dzen, Jr., 245 Barber Hill Road told the Council that without properly maintaining Christmas trees that have been left in these little odd open space subdivsion parcels, those Christmas trees will not live.  If you leave half of very diseased blueberries, you can not grow healthy blueberries next to them.  So that was part of our proposal to take all of the blueberries so that we can control insects and disease and have a higher quality product.  Some of the Christmas trees now that are in the open space are not well and we are struggling with insects and disease that are moving back onto the Christmas trees that are being maintained.

 

Councilor Delnicki stated that it seems like the family farm has become an endangered species in the State of Connecticut.  The Dzen Tree Farm is such a unique place. It seems like if the Town is going to get better land through the land swap then the land that the Town would have gotten originally.  Councilor Delnicki said he is in favor of the land swap and he is basing his comment on the fact that the Town will not have to deal with an Eversource right of way cutting through the middle of the land.  It would still be important to hear from the public.

 

Mr. DeMallie explained to the Council that there is no date set to go to the Planning & Zoning Commission yet but the earliest possible date at this point in time would be on September 8th.  The Planning & Zoning Commission only has one meeting in the month of August and there are a number of large matters on that agenda already.  Councilor Paterna stated that there may be a chance to get this issue on the August 18th agenda.

 

Deputy Mayor Havens said that it is a pleasure to come up with a solution that the Council feels will satisfy all parties involved.

 

Public

 

Answering questions from Ms. Basu, Mr. DeMallie explained that the without this parcel there would not be access to Barber Hill Road and therefore the only access to the property would be through Frazer Fir Road and Blue Spruce Road.  The road is proposed where it is because that is where grades can be achieved to construct a roadway.

 

Mr. Harish Bommasamudra, 10 Blue Spruce Road stated that with the proposed land which is being traded and that potentially being used for a blueberry farm, what is the assurance that the blueberry farm does not become one of the pick your own berries kind of a farm and then have vehicle traffic coming into Frazer Fir and parking on the sidewalks?  Also, what are the current plans for the piece of land on the left of Frazer Fire Road?

 

Mr. John Dzen Jr. explained that it is illegal to run a business in the Town and park on a public Town road.  It is being proposed where you first come in off of Barber Hill Road, the driveway will be made wider than it has to be so that if the pick your own business becomes stronger cars will be parked in that driveway width.

 

Mr. Andrew Moseley, 217 Frazer Fir Road stated that this is a bad proposal and the only people that will benefit from this is the Dzen Tree Farm.  Mr. Moseley said he is not objective to business but there needs to be a better proposal on this matter.  Mr. Moseley added that he is objective to the plan to change original subdivision and move the land that was supposed to be open space for the community.

 

Mayor Anwar informed the public that these are conversations that should be held with the Planning & Zoning Commission.  The goals of the Town Council are to protect the business, heritage of our community with the farming industry and community members.  The Council seems to be united with finding a solution for access to the Dzen Tree Farm.  The Planning & Zoning Commission will review this plan and make a decision on this plan in a fast efficient manner so that the 2015 market is not lost.  It has been suggested that appropriate buffers be put into place.  It has also been suggested that the traffic in Frazer Fir Road not increase.

 

At 9:20 p.m. the Town Council recessed the meeting for a short break.  The Regular Meeting reconvened at 9:33 p.m.

 

Councilor Delnicki made a motion to suspend the rules to take Item 14. H. out of order.  Councilor Snyder seconded the motion; and it was approved, unanimously.

 

H.       Resolution Approving an “Agreement Between the Town of South Windsor and the South Windsor Police Union Local 1480”

 

BE IT RESOLVED that the South Windsor Town Council hereby approves the proposed “Agreement Between the Town of South Windsor and South Windsor Police Union, Local 1480, Council 15, AFSCME, AFL-CIO” for the period July 1, 2015 through June 30, 2018.

 

Was made by Deputy Mayor Havens

Seconded by Councilor Delnicki

The motion was approved, unanimously

 

Councilor Delnicki made a motion to suspend the rules to take Item 14. D. out of order.  Councilor Paterna seconded the motion; and it was approved, unanimously.

 

D.       Resolution Regarding a Closed-End Motor Vehicle Lease

 

WHEREAS, the Town of South Windsor (Lessee) (the “Entity”) is a public body corporate and politics, duly organized and existing under the laws of the State of Connecticut with the requisite power and authority to incur obligations; and

 

WHEREAS, the Entity desires to procure one or more motor vehicles (the “Vehicles(s)”) for use by the Entity in conjunction with the responsibilities and authority granted to it by law; and

 

WHEREAS, the Entity believes that it would be in the best interests of the entity to procure the Vehicles(s) by the entering into of one or more Closed-End Motor Vehicle Leases (the “Lease(s)”) with Carter Chevrolet, a motor vehicle dealership

 

NOW, THEREFORE, BE IT RESOLVED that the procurement of the vehicle(s) be and hereby is authorized, and that the agents of the Entity be, and they hereby are, authorized, empowered, and directed to do or cause to be done all such acts and things as they may deem necessary or advisable in connection with the Lease(s), including, without limitation, the preparation and finalization of the Lease(s) and all documents required to be executed in conjunction therewith (collectively, the “Transaction Documents”); and

 

BE IT FURTHER RESOLVED that if and to the extent required by the Transaction Documents, the Entity be and hereby is authorized to grant a lien on and security interest in certain assets of he Entity as set forth in the Transaction Documents as collateral for the obligations of he Lease; and

 

BE IT FURTHER RESOLVED that Timothy Edwards, Chief of Police shall be and hereby is authorized to execute the Transaction Document, in the name and on behalf o the Entity, and deliver such Transaction Documents; and

 

BE IT FURTHER RESOLVED that the appropriate agents of the Entity be, and they hereby are, authorized, empowered, and directed, for an on behalf of the Entity, to pay all amounts, including fees and expenses, in connection with the Lease; and

 

BE IT FURTHER RESOLVED that in addition to and without limiting the foregoing, any and all acts and things heretofore or hereafter done and any consents, certificates, agreements, undertakings, commitments and other instruments and documents heretofore or hereafter entered into, executed, delivered and performed by any one or more of the agents of the Entity, for and on behalf of the Entity as they deem necessary or appropriate to carry out and effectuate the intent or purposes of he foregoing resolutions are hereby authorized, adopted, approved, and ratified in all respects.

 

Was made by Councilor Delnicki

Seconded by Councilor Wagner

 

Answering questions from the Council, Chief Edwards explained that there will be a total of eight vehicles leased this year, but not all for the Police Department.  The type of vehicles that are being leased are Chevy, Malibu and Chevy, Equinox.

 

Town Attorney Keith Yagaloff stated that he did review the leases and wrote the opinion letter.  The leases are standard leases with standard interest rates.

 

Answering further questions, Chief Edwards stated that these vehicles are not equipped with propane fueling.  Every third year the unmarked vehicles are replaced.  There are two vehicles that are not for the Police Department but for the Town Hall (Town Manager and Director of Public Works).

 

Councilor Riley made a friendly amendment in the second paragraph, replace “one or more” with “up to eight”.  Councilor Delnicki and Wagner both agreed to the friendly amendment.

 

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

 

The amended resolution to read as follows:

 

WHEREAS, the Town of South Windsor (Lessee) (the “Entity”) is a public body corporate and politics, duly organized and existing under the laws of the State of Connecticut with the requisite power and authority to incur obligations; and

 

WHEREAS, the Entity desires to procure up to eight motor vehicles (the “Vehicles(s)”) for use by the Entity in conjunction with the responsibilities and authority granted to it by law; and

 

WHEREAS, the Entity believes that it would be in the best interests of the entity to procure the Vehicles(s) by the entering into of one or more Closed-End Motor Vehicle Leases (the “Lease(s)”) with Carter Chevrolet, a motor vehicle dealership

 

NOW, THEREFORE, BE IT RESOLVED that the procurement of the vehicle(s) be and hereby is authorized, and that the agents of the Entity be, and they hereby are, authorized, empowered, and directed to do or cause to be done all such acts and things as they may deem necessary or advisable in connection with the Lease(s), including, without limitation, the preparation and finalization of the Lease(s) and all documents required to be executed in conjunction therewith (collectively, the “Transaction Documents”); and

 

BE IT FURTHER RESOLVED that if and to the extent required by the Transaction Documents, the Entity be and hereby is authorized to grant a lien on and security interest in certain assets of he Entity as set forth in the Transaction Documents as collateral for the obligations of he Lease; and

 

BE IT FURTHER RESOLVED that Timothy Edwards, Chief of Police shall be and hereby is authorized to execute the Transaction Document, in the name and on behalf o the Entity, and deliver such Transaction Documents; and

 

BE IT FURTHER RESOLVED that the appropriate agents of the Entity be, and they hereby are, authorized, empowered, and directed, for an on behalf of the Entity, to pay all amounts, including fees and expenses, in connection with the Lease; and

 

BE IT FURTHER RESOLVED that in addition to and without limiting the foregoing, any and all acts and things heretofore or hereafter done and any consents, certificates, agreements, undertakings, commitments and other instruments and documents heretofore or hereafter entered into, executed, delivered and performed by any one or more of the agents of the Entity, for and on behalf of the Entity as they deem necessary or appropriate to carry out and effectuate the intent or purposes of he foregoing resolutions are hereby authorized, adopted, approved, and ratified in all respects.

 

A.       Presentation of the New Town Website and Town Council Internal Page (Scott Roberts, Drew Guild, and Ashley Summers to be present)

 

Mr. Drew Guild from the Information Technology Department and Ms. Ashley Summers from the Town Manager’s Office came before the Town Council and presented to the Council the new Town website and the new Town Council portal which is for the use of Town Council members only.

 

Mr. Guild answered various questioned posed by the Council members.

 

E.       Resolution Approving a Refund of Taxes to Eight (8) South Windsor Taxpayers

 

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to eight (8) South Windsor Taxpayers, the total of said refund being $1,223.61, and as more fully described on attached Exhibit D.

 

Was made by Councilor Wagner

Seconded by Councilor Delnicki

The motion was approved, unanimously

 

G.       Resolution Appropriating $74,000 from the Capital and Non-Recurring Expenditure Account

 

BE IT RESOLVED that the South Windsor Town Council having conducted the required Public Hearing at 8:00 p.m. on July 20, 2015, hereby approves the appropriation of $74,000 from the Capital and Non-Recurring Expenditure Account to cover engineering costs associated with replacement of the track surface and installation of a multipurpose field at South Windsor High School.

 

Was made by Council Riley

Seconded by Councilor Wagner

The motion was approved, unanimously

 

15.    Passage of Ordinance

 

None

 

16.    Communications and Reports from Town Manager

 

None

 

17.    Public Input

 

None

 

18.    Communications and Petition from Council

 

Councilor Snyder read a thank you letter from the 2015 South Windsor Operation Graduation Committee for the donation to South Windsor Operation Graduation.

 

Councilor Delnicki explained that he has had discussions with Andrea Cofrancesco who indicated that the Town is waiting to hear an answer regarding the bus grant.  Councilor Delnicki requested that at the next Town Council meeting he would like an agenda item regarding this issue as long as the Town has heard about the grant.

 

19.    Executive Session

 

None

 

20.    Adjournment

 

At 10:30 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