Town Council Regular Meeting

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 Maanger

Keith Yagaloff, Town Attorney

 

Mr. Michael Gantick, Director of Public Works came forward to present individuals with awards in the categories of the Rich Boudreault Award (Ether Diaz, Cathy Molloy, and Elizabeth Hilton), Citizen Award (Patriotic Commission), and Business Partner Award (All American Waste and Cintas Uniform Company) for National Public Works Week.

 

Mr. Andy Hildebrand from CPR Training Professionals, LLC came before the Town Council to inform them that the first week of June is National CPR Awareness Week.  Mr. Hildebrandt explained that his company will be holding an open house on June 7th at 479 Buckland Road where free CPR (hands only) Training will be provided from 12:00 p.m. to 3:00 p.m.

 

5.      Public Input

 

Councilor Pendleton read letters from Ms. Ellen Short and Virginia Graney.  Councilor Paterna read letters from Sydnie & Paul Cote and James Meister.  Councilor Wagner read a letter from Charles Regulbuto.  All letters spoke in opposition to the increase to the budget.

 

6.      Environmental Health & Safety Message

 

Mr. Ray Favreau, Director of Parks & Recreation came before the Council.  A coming trend which will impact the Town’s public parks is the flying of drones.  The Park & Recreation Department is partnering with the Tobacco Fliers Club along with the Federal Aviation Administration and the Academy of Aironomics to study this highly new popular program.  The items that will be reviewed are liability and legalities.  The effort may include developing policies, procedures and guidelines.

 

Mr. Favreau also announced that the VMP pool will be opening on Memorial Day weekend.

 

Councilor Mirek informed the Council and public to be careful with campfires and cigarettes because it is a very dry time and embers can stay active for five days.  Councilor Mirek also warned residents to be careful when using grills, they should be kept away from the siding on the house and decks.

 

7.      Adoption of Minutes

 

None

 

8.      Public Petitions

 

None

 

9.      Communications from Officers and Boards Directly Responsible to Council

 

None

 

10.    Reports from Standing Committees

 

Councilor Paterna informed the Council that the South Windsor Historical Society has received a $10,000 grant from the State Historic Preservation Office.  This is a planning and assessment grant so South Windsor Historical Society can have a team of experts come in and figure out what to do in the future with Union School.

 

Councilor Wagner told the Council that the generation portion of the rates for the electric bills were reduced substantially which will impact savings from LED Streetlights.  Originally the Town was going to see a savings of $5,000,000. over

 

10.    Reports from Standing Committees (Continued)

 

20 years.  With the rate change it is now projected to be just under $4,000,000.

over 20 years.  The 10 year savings with this program is projected to be approximately $1,200,000. using the present rate.

 

11.    Reports of Temporary Committees

 

None

 

12.    Consent Agenda

 

None

 

Councilor Delnicki made a motion to suspend the rules in order to go to Item 16 – Communications and Reports from Town Manager.  Councilor Snyder seconded the motion; and it was approved, unanimously.

 

Communications and Reports from Town Manager

 

Mr. Galligan reviewed the Town Manager’s Report, as shown in attached Exhibit A.

 

Answering questions from the Council, Mr. Galligan stated that there is no policy for Sunday use of the high school field.  Councilor Riley felt that when a policy is established it should control all Board of Education facilities.  Councilor Riley also felt that the field at the high school should be used on Sundays.

 

Mr. Galligan told Council members that Town staff will relocate the bleachers at the high school.

 

Councilor Paterna stated that the Town needs to address concerns of the abutting neighbors.  There are no other facilities with neighbors as close.  This field will host large events and the Town should show good faith and address neighborhood concerns.

 

Councilor Mirek stated that there may be some issues if play time is limited on the on the high school field but also felt that it is a good idea to add fields at Nevers Road to be used for practice fields.

 

Councilor Wagner encouraged the Town Manager to go forward with the sale of the cell tower as long as the terms are favorable.

 

Mr. Galligan stated that the Sullivan House is 2,000 square feet and is being

proposed to be used as an information center.  The South Windsor Chamber of Commerce may also be able to be housed at this location.

 

Councilor Delnicki stated that when the cell tower was first put up, the Town dedicated the funds to the Police Department and Fire Department.  Mr. Galligan explained that funds have been used to upgrade the dispatch system.  When more funds become available, the Council can repurpose the funds.

 

Council members discussed the CCM contract for energy purchasing.  Mr. Galligan stated he would have CCM review this to see if there are additional savings.

 

Deputy Mayor Havens stated he would like to keep the silo on the Priest Farm and the Clapp House.  Both of these structures are historical landmarks in South Windsor.

 

Mr. Galligan explained that if the Town decides to sell the leases on the cell tower near the Police Department, it would not have an affect on the Town’s 911 system.

 

Councilor Pendleton requested that Mr. Galligan come back to the Council in three months and report on the plan to address the quality of life issues as related to the impact of the new turf field at the high school and actions taken to date to achieve the goal.

 

Mayor Anwar expressed gratitude towards the businesses that are willing to support efforts with regard to additional fields on Nevers Road but felt that those efforts would be better suited on the Barton Property.  Councilor Mirek stated that the kids from the high school would not be able to get to the Barton property to hold practices.

 

Councilor Riley said he appreciates the desire to maintain property in Town but felt that the Nevers Road parcel would expand the capacity of play for the high school.  Councilor Wagner requested that the appropriateness of changing that area (Nevers Road) from agriculture be reviewed.

 

Mr. Galligan stated he would be setting up a meeting with neighbors who will be mostly affected by the Barbour Hill Substation modifications.  Councilor Paterna added that some agreements have been reached.  Sound absorption pads will be installed.

 

Deputy Mayor Havens voiced concerns about constructing additional fields on Nevers Road.  The neighbors in that area do not want additional fields or the noise that accompanies a field.

 

Mayor Anwar questioned Council members on their consensus on three items:

 

South Windsor Police Department cell tower – there was consensus to move forward with this item.
Clapp House – there was consensus to move forward with this item.
The creation of additional fields on Nevers Road – there was not consensus to move forward with this item.

 

Unfinished Business

 

A.       Resolution Appointing Michael Saimond (D) an Alternate to the Park & Recreation Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Michael Saimond (D) an Alternate to the Park & Recreation Commission for a term ending December 31, 2017 to fill an unexpired vacancy.

 

Was made by Councilor Paterna

Seconded by Councilor Pendleton

The motion was approved, unanimously

 

B.       Resolution Appointing Rate Maker for Fiscal Year 2015/2016

 

BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal year 2015/2016.

 

Was made by Deputy Mayor Havens

Seconded by Councilor Pendleton

The motion was approved, unanimously

 

14.    New Business

 

A.       Resolution Accepting the Resignation of Mark Lillis (R) from the Economic Development Commission

 

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Mark Lillis (R) from the Economic Development Commission, said resignation effective immediately; and

 

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Mark Lillis for the time he has dedicated to serving his community by his membership on the Economic Development Commission.

 

Was made by Councilor Delnicki

Seconded by Councilor Pendleton

The motion was approved, unanimously

 

Council Delnicki  made a motion to suspend the rules to take 14. G. out of order.  Councilor Pendleton seconded the motion; and it was approved, unanimously

 

G.       Discussion Item:  Review of Fire Department Building Maintenance (requested by Councilor Pendleton)

 

Mr. Galligan explained that having the Town do some of the maintenance at the Fire Department buildings would be more for cost avoidance.  The savings that would happen would be for pre-maintenance so there is not a huge failure.  Mr. Galligan said he would like to meet with Chief Cooney, Mike Gantick and the Maintenance Department to see what the Town can do and then report back to the Town Council.

 

Chief Cooney explained that discussions have begun with Clay Major and Mike Gantick.  The Town is interested in helping with technical advice at a cost of $25,000.  If the Town were to take over any other items they would need additional staff which was not approved in the budget.  More discussions will take place to come up with a common goal.

 

Answering questions from the Council, Chief Cooney explained that the Town and Fire Department are on separate energy contracts.  The Fire Department evaluates their supplier on a regular basis.  Councilor Wagner felt that the Town’s contracts may be beneficial and requested that the Fire Department review that.

 

B.       Discussion Item:  Proposed Ordinance Concerning the Capital Projects Budget

 

Councilor Wagner stated that he is in favor of the objective of this Ordinance but noticed inconsistencies within the Town budget and the Capital Projects policy which he would like to see adjusted.

 

Mr. Galligan explained that this Ordinance would allow the Town to put additional funds into the Capital Projects fund when there are additional revenues coming into the Town.  A certain percentage of those new revenues will be put into the Capital Projects fund depending on the ability of the Town.  The percentage could be between 1% of the total budget to 10% of the total budget.

 

Town Attorney Yagaloff explained to the Council that Capital Projects budget would be encumbered with specific projects.  If there are additional funds in the Capital Projects, they would be encumbered by the list of Capital Projects that have been approved by the Council and Capital Projects Committee.  If all funds are not encumbered, those fund will lapse.  Town Attorney Yagaloff suggested to the Council that the Ordinance be done and if the Council wants to revise the policy then do it after the Ordinance is complete.

 

Answering questions from the Council, Town Attorney Yagaloff explained that when there is new revenues, the contribution towards Capital Projects are based on a one time event and then will be rolled into your grand list which is what is used to generate the tax revenue.

 

Mr. Galligan explained that the Town Council has the authority to re-encumber funds through a resolution.  Mr. Galligan went on to explain that projects only get done during the summer so some projects may take two fiscal year to complete and the funds would need to be encumbered so they would not lapse at the end of the fiscal year.

 

Council members discussed how it would be decided what percentage of new revenue would be put into the Capital Projects budget.

 

Councilor Delnicki stated that the Council will have a minimum appropriation and transfer to the Capital fund which would be an amount equivalent to 1% of the current adopted budget, which is a mandate.  Mandates can cause unintended consequences.  If the Town had a tight budget year and needed to put 1% of the total adopted budget into the Capital Projects fund, this could cause the Town Council to have to cut the General Government budget or the Board of Education budget.  The only way around this not happening is to have a vote by the Council to elect not to adhere to the 1% which would need a 6-3 vote after a public hearing is held.  Mr. Galligan suggested that a public hearing be scheduled ahead of time during the budget season in case a scenario like this happens.

 

Town Attorney Yagaloff suggested that when the Grand List is approved, the Town Council use the mill rate at that time to determine how much money should be going into the Capital Improvement fund.  That determination could be adjusted with a public hearing and a 6-3 vote.

 

Councilor Delnicki voiced further concerns with the statement that “further 5% of the amount of the retired debt service shall be contributed to the Capital Improvement fund”.  The Council does not have a good definition of additions to the grand list.  Town Attorney Yagaloff suggested that the night

 

the Ordinance is discussed, the Town Manager should have definitions of what would be considered additions to the grand list that the Council will have to approve.

 

Mayor Anwar stated that this Ordinance would be worked on further and be brought back to the Town Council.

 

D.       Resolution Reappointing Blum, Shapiro & Company, P.C. as the Town Auditor

 

BE IT RESOLVED that the South Windsor Town Council hereby reappoints the firm of Blum, Shapiro & Company, P.C., of West Hartford, Connecticut, to audit the books and accounts of the Town of South Windsor, as provided in the General Statutes of the State of Connecticut; and

 

BE IT FURTHER RESOLED that the fee for said auditing services by Blum, Shapiro & Company, P.C. will be $53,400.00 for Fiscal Year ending June 30, 2015, for a term expiring December 2015.

 

Was made by Councilor Wagner

Seconded by Councilor Pendleton

 

Answering questions from the Council, Mr. Galligan explained that Blum & Shapiro have been the Town’s Auditor for five years.  The Audit Committee will be putting out a new RFP for services.

 

Mr. Galligan added that he would be working on a Whistle Blower policy which will be reviewed by the Town Attorney.  A fraud policy will be tied into the Town’s Ethic Policy.

 

E.       Resolution Approving a Refund of Taxes to Twenty-Seven (27) South Windsor Taxpayers

 

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-seven (27) South Windsor Taxpayers, the total of said refund being $8,724.46, and as more fully described on attached Exhibit B.

 

Was made by Councilor Riley

Seconded by Councilor Delnicki

The motion was approved, unanimously

 

H.       Discussion item:  Municipal Bench Marking:  Technical Assistance Initiative (requested by Councilor Wagner)

 

Councilor Wagner explained that Eversource has come up with a program which is called the Municipal Benchmarking Technical Assistance Initiative.  This program will help the Town enter our energy use for a period of time which the Town set as our baseline for participation in the Clean Energy Community program.  The Town has committed to reduce energy use by 20% and also to have 20% of our energy come from renewable sources.  The program involves putting data into a Federal EPA database which will benchmark the Town’s energy use from year to year.  In addition, Eversource will provide an energy audit of one building of the Town’s choice for free.  Eversource will then help the Energy Committee prepare a strategic plan.  Interns will help the Town staff enter the data into the database to get the tracking complete with information such as hours each building is used as well as the activity.  The Town Manager has already agreed to discuss this with the Board of Education.  A resolution will be voted on at the next meeting.

 

Mr. Galligan explained that the whole idea is to try to reduce energy costs.   If the Town Council is in agreement with moving forward, Mr. Galligan said he would make it subject to the Board of Education approving to move forward.  June 1, 2015 is the deadline for this program.

 

I.         Discussion item:  Establishment of a Construction Noise Ordinance (requested by Councilor Pendleton)

 

Councilor Pendleton explained to the Council that the Town already has a Noise Ordinance but does not have a Construction Noise Ordinance.   The Town is unable to do anything when construction noise is a nuisance.

 

Mr. Galligan explained that when the Planning & Zoning Commission puts conditions on a project and those conditions are not followed, the Town does not have any recourse.  An Ordinance would give some teeth to the conditions and there would be a penalty if those conditions are not followed.

 

Town Attorney Yagaloff told the Council that an Ordinance of this type would need to be approved by the Department of Environment Protection because there are certain standards that need to be met.  In this Ordinance, the Council wants to be careful not to create an Ordinance which will restrict homeowners from doing weekend projects.  The current Noise Ordinance is a separate issue from a Construction Noise Ordinance.  The current Ordinance is not for the purpose to generate quiet enjoyment in neighborhoods.  The Town has to make sure the noise levels are not so excessive as to interfere with the health, safety and welfare of the residents.  The current Ordinance is behind in standards and needs clear direction as to how the Environmental Officer is supposed to be measuring noise and the Council may want to think about revising this Ordinance when doing the Construction Noise Ordinance.

 

Answering questions from the Council, Mr. Galligan explained that a Construction Noise Ordinance will probably not impact larger companies but may affect someone who is building a 5,000 square foot building.  Most construction companies will look at your zoning and zoning enforcement laws.

 

Town Attorney Yagaloff felt there should be restrictions to hours and decimal levels.

 

Mr. Galligan said he would contact CCM to see what other Towns have created for ordinances.

 

Mr. Galligan informed the Council that in the Ordinance, the Town should keep the homeowners exempt.

 

Councilor Snyder stated that the Town wants to be business friendly and does not want to govern for the exception.  Councilor Snyder requested history on the number of complaints about construction noise.

 

15.    Passage of Ordinance

 

None

 

17.    Public Input

      

None

 

18.    Communications and Petitions from Council

 

none

 

19.    Executive Session

 

At 10:29 councilor Paterna made a motion to go into Executive Session to discuss potential claims and litigation; and to discuss a draft agreement which would result in disclosure of pulbi ccrecors or information which si exempt from discloser at his time pursuant to C.G.S. §1-210(b)(1) and §1-210(b)(4).  Councilor Wgner seconded the motion; and it was approved, unanimously.

 

The following individuals were in Executive Session:  Mayor Saud Anwar, Deputy Mayor Havens, Councilor Delnicki, Councilor Mirek, Councilor Paterna, Councilor Pendleton, Councilor Riley, Councilor Snyder, Councilor Wagner, Town Manager Matthew B. Galligan and Town Attorney Keith Yagaloff.

 

At 10:58 p.m. Councilor Snyder made a motion to adjourn the Executive Session.  Councilor Pendleton seconded the motion; and it was approved, unanimously.

 

Respectfully submitted,

 

                                                                     

Deborah W. Reid, Clerk of the Council