Video index
1. Call Meeting to Order
7
2. Prayer: Pastor John Rasmussen, Our Savior Lutheran Church
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
5. Public Input [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
Robert Dickinson, Birch - get WiFi in Chambers to cut down on paper. also have items on website.
Don Gonsalves, 40 Bayberry Trail - as taxpayer I am concerned - no one follows up on anything. I would like to know who is running the Finance Dept. in SW. The former Finance Director is suing us. I have asked for over one year - there is 1M in the Pollution account - want an answer - I have asked for an accounting of this $1M and no one has given me an answer. I want to know who is doing the accounting. do we have a new Director or someone who is temping. I want to know who is doing the accounting for this Town. The second issue is I haver asked for a meeting on pensions. No one has had a public meeting regarding this issue. State workers have been reduced, why can't the Town. we hve two items in our budget, pension and health care. we are spending 24M and no one has examined it. CCM just had a meeting - State of Connecticut property tax is twice as normal.
Roy Normen, 158 Homestead Drive - Town Attorney appointment - politics have come into play and the Town's Charter is - there are two opinions on this issue. One from Attorney Cummings and Attorney Panico. Attorney Panico's opinion does not have state any past law. Section 301. Appears this was added for personal gain. - Council member reported us to the state and violated us to the state - town was reported to the state and violation was paid by the town. If I were sitting in your place I would not want to be violating the charter. you have other qualifying attorney's -
Kevin McCann, 170 Lisa Drive - there have been people who have asked me why making issue about the Town Attorney - the way it came about is in violations. Right now you have two conflicting attorney opinions. Section 202 avoids a gap when you don't terms that don't match up. Section 204 should have been looked at. Two year term continues until two years after you are elected. even if you don't serve the two years that is carried out. Attorney Panico is Bond Counsel which is a very lucrative position - you put him in a tough position. He did a good job but he was in a difficult posiiotn. you need a ruling of the two attorney opinions. You should get an unbiased decision of both attorney rules.
David Joy, Bramlebrae - answer questions - why has the cost of the project grown to 1.7M - heard for equipment but that is not supported by applications for STEAP - what will the business center accomplish. what technology will growing businesses receive that they don't already receive. Where is this located in the plan? HOw does our approach compare to other towns? Wh is an EOC need dedicated space? hear about fiber optic - why does suitable EOc need 2M build out when _______ has not been discussed by council or capital projects? When you look at planning documents - greatest needs updated school, expansion of police dept, human service - why isn't the police department using - hard to speak out publicly about safety matters - not against an EOC - do what is prudent and cost effective for South Windsor.
6. Environmental Health & Safety Message
none
7. Adoption of Minutes of Previous Meetings
Mirek, Snyder, unanimous
8. Public Petitions
none
9. Communications from Officers and Boards Directly Responsible to Council
Wagner - correct the newspaper for saying Open Space Task Force is out of funds - They have more then $3M that has been allocated in previous refernedums that has been allocated to them. They do have money but they have different buckets of money for different purposes.
10. Reports from Standing Committees
none
11. Reports of Temporary Committees
none
12. Consent Agenda [All items listed with an asterisk (*) are considered to be routine by the Town Council and will be enacted by one Motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the General Order of Business and be considered in its normal sequence on the Agenda.]
none
13. Unfinished Business
none
14. New Business
A. Presentation of the South Windsor Plan of Conservation & Development, (Changes to Chapter 10, Route 5)
Michele - Rte. 5 - 15 properties - current zonong is residential that doesn't have much flexibility. P & Z want ot create a rural transition zone. after plan was adopted, residents approached the Commission. The new plan did not lend itself to this proposal. Commission did accept petition - Plan of Conservation and Development is a planning document - petition would allow some uses. comission was letting residents entertain different uses in that area. Hope to see in the future is regulations for these folks to take advantage - lend itself to development - not huge growth but will see some economic activity. Anwar - the Council knows this and this will be excellent for - want to make sure used for the right type of buisnesses and keep the character of town.
B. Resolution Concerning the Appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney
Havens - Wagner Galligan - make sure there is discussion on this - Delnicki - don't intend to delay work of town, council, etc. Feel should explain reason. There is not discussion on tabling - Brings me no joy to judge my vote. There are two legal opinions - At this point I can not support this resolution. Snyder - This selection of Town Attonrey - if members of the public and other people don't understand - this selected attorney was not the highest scoring, most qualified or the most unexpensive - the personnel committee interviewed all of the attorney's - at the time it was agreed upon that the most qualified, most inexpensive, etc. - another attorney was chosen and two days later they wanted to support Keith Yagaloff. My concern with not being able to support - concerned we did not choose, most inexpensive, most qualified, etc. our town attorney had communications with Robinson and Cole - there is a lot of uncomfortableness with this - shoudl have most qualified applicant, least expensive, etc. Anwar - did I hear you say that McGreegan was most inexpensive? Snyder - there were 11 responses - the top three - Anwar - did you just say they were the least expensive? Snyder - yes Anwar - and you said we decided to ask - vote on the top three Snyder - yes Anwar - it is not fair to make a statement - not accurate to make statement - read the scores Snyder - highest 88 - Yagaloff 87.5, 58 was the third company Anwar - the decision was the top three was who we were going to discuss - Snyder - yes Anwar - number 88 they said they would not attend Town Council meetings and if they did they would charge? Snyder - that is not in Dr. Yagaloff's contract and we have not seen any bills Answer - do you remember asking the attorney - he said he was not going to attend meetings. We felt important to have town attorney attend meetings. Snyder - I did not unless we needed them here. I have concrns about - there are items that we will hav eto outsource and concerned about cost for that. political issues that may arise such as sign ordinances. I am wondering if we woudl have - conflicts on 3 different items, bond counsel items, We did not oursource Galligan - Murtha Cullina had labor attorney - also have used others. Right now we are using Dave Mexker. That was my decision. Snyder - of the three law firms that were discussed, Romisgreegan was the highest scoring, least expensive, most qualified - those are the kind of things I want to put out there. concerned the process. Anwar - the attorney that you are recommending, were they ever sued by a Twon that they served. Snyder - I have no knowlege of that - wait Cromwell because partner that left. Galligna - issue - they lost contract - Morris - it was his partner that screwed it up in the first place. Snyder - we agreed that the other attorney scored the highest - expartae conversations were held by Keith Yagaloff Anwar - it was a committee meeting - Snyder - disconcerning to me. Wagner - there was list of 6 or 7 questions - scoring systems are not the final word - I am willing to accept the scoring process as a screening tool but not as final word. 1/2 point difference - I don't think I have ever agreed that I would vote for who came out on top. As far as the expartae communications - only communication Atty Panico had was Saud - when we apointed other attonrey's how many votes? Galligan - did not do for Murtha Cullina or Halloran and Sage - you appoiont a firm and that is why back then we read it as charter stating person not firm. Barry Guliano was postponed, but not Murtha Cullina. Are we gong to start doing it for Auditors, etc? Best way to move forward would be to do it twice - Saud - Delnicki - Atty Cummings and Atty Panico - Expartet - this is going to come back to us at the next meeting - there may be additional information. my concern is that we live up to the charter - Anwar - we had an independent attorney give us an opinion - Galligan - have been here 19 years and you have a lot of rules and regs that you don't follow. If Town attorney is requested an opinion should be given to the whole council. Robinson and Cole gives opinion - only need court of law - Robinson and Cole would not do something to jeopardize - 5-3 passed
C. Motion to Renew the Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex
Delnicki, Pendleton Wagner - Renewing a motion for the Resolution Authori Delnicki - accept that Delnicki unanimous
recess 8
Public Hearing started 8 p.m 19 people Jeff Doolittle - Joe Perna - approached by Chief of Police and Pat Hankard - better sight lines - in order to provide safe route propsoing 100 feet of concrete sidewalk - we provide signage - basically pretty straight forward - we di try ot approach - we can answer any questions Havens - who maintains the sidewalk? Jeff Doolittle - Town will maintain this piece of sidewalk. Feel importnat for the town to maintain. Delnicki - LIttle League complext in winter does not operate? Jeff - not the complext itself - but students park there and it is maintained. Public David Joy - 100 Bramblebrae - looking for your support on this. compliment combined efforts of Town and Board of Ed. This problem was identified 3 years ago - we are close to having solution - this will bring safety into the situations. Board of Ed will be paying for this. Good shared services. Kevin McCann, 170 Lisa Drive - Chair of Sidewalk and Bikeway - Committee supports - all the way down to Nevers Road - Ginny Hole, 85 LeFoll - support this plan - would like to see it go both ways to Nevers and Graham. Skip Bourke, Murielle Drive - fully support on Ayers Road - would like to see it continue down to the intersections in the future. 485 Main Street - thank the Counicl for - hope to partnr in the future for safe arrival at the High School. Pat Hankard, 61 Green Lane - it took me a while that students arrive at Little League field in the dark and is very dangerous. Ken Sek 285 Griffin Road - hope that the sidewalk will be built as need and can we continue sidewalks. Robert Dickinson, 19 Birch Road - support this piece of sidewalk and support to continue to Nevers Road. Straw Poll Those in favor - 14 Those in opposition - 0 public hearing closed at 8:11
Motion to suspend the rules 14H Wagner, Delnicki unanimous
D. Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex
Delnicki, Pendleton, Snyder - are you also - we had 500,000 in 2013 so we are sitting on that funding? Galligan - yes Snyder - you are also looking to move town employees over there? Galligan - IT, Building Maintenance, we talked about Finance - there will be staff Snyder - that building will be able to be linked into fiber optices? Galligan - yes Sndyer - how many square feet for EOC, town staff Galligan - entire 9,000 square feet - when you do the EOC you have to have 4,000 to 5,000 square feet - then have other outside operations - majoirty willb e EOC. Business incubator will have meeting rooms, emerging companies that want to come out of their homes we could help them a little bit. Snyder - wanted to make sure there is a component that will help with space at Town Hall. Havens - this is a long time coming. we have been looking at that building - perfect for campus atmosphere. I am certainly in favor and there is no reason why we should not support this. It may answer many questions that have been asked. Mirek - the town use would be about 1/2 Galligan - the whole buildng will be used by the town, work with chamber with buisnesses Mirek - not only for the EOC, also for general town space Galligna - general office, business incubator - try to help people bring their buisness to the next level. Mirek - when we applied for EOC should also be staed that extension of our town hall. Galligna - in the document Mirek - want to make sure David Joy's concerns are addressed, GAP funding Galligan - two grants, LoCIP funds, Capitla Improvemetns for Town projects. Leasing of IT equipment. I have had the Police Chief, Fire Chief, Department of Defense, Jay - Lawrence Associates, If anyone wants to see this plan, come to my office. No one has come to my office. WE need to start talking to the Town Manager. Mirek - is it regional? Galligan - every storm and event that happens is a regional approach. when Sandy happened we all commuicated back and forth. Dispatch was taken down last week for an hour, Vernon took over our dispatching - that is regional cooperation. That is what we do, work together - East Hartford spend 23M - Manchester spent money, SW spending a lot less. Wagner - building right now would not sustain Category 3 hurricane, what are we doing to bring that building up to what we need? Galligna - Engineering is being done, roof structures, support, etc. Wagne r- the alternative of tearning the buildng down and building new? Galligan - more expensive - the Police Department building was never designed to withstand Anwar - trust our Fire Department, Police Department, Town Manager, etc. tehre are some conversations taht should not be public Delnicki - the CERT Team based out of this? Galligan - eventually they will be. Right now the Space Committee is working with Company 3 - CERT will be moved first then there. Delnicki - time line of having someone move in there? Galligan - depending on the grant Delnicki - original grant Galligna - would like to get second grant before we start. Dlenikci - the Health Department is natural fit, not company 3 Galligna - we can discuss Snyder - 500,000 - is it your intent to apply Galligan - it is ready to go Snyder - can you be creative of financing over multiple budgets? Galligan - we could - have to have ph for LoCIP funds Snyder - $1M - it seems you would have enough to get it rolling Galligan yes unanimous
E. Motion to Renew the Resolution Authorizing the Town Manager to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees
Pendleton - Wagner unanimous
F. Resolution Authorizing the Town Manager to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees
Pendleton, Snyder unanimous
Delnicki - suspend the rules, move 14L, WAgner, unanimous
G. Resolution Adopting the 2014/2019 Capitol Region Natural Hazards Mitigation Plan Update
Snyder, Pendleton Galligan - this is plan that CRCOG has been working on for a long time. Any town wants to apply for mitigation plan, have to adopt plan. as a region when FEMA comes in - the entire region has to prove an emergency - it has to be an occurence of the entire region. it was done through CRCOG - now each municipality has to adopt the plan for mitigation projects. if you have area that floods in town - you can build house on stilts or can buy that area - they have bunch of these projects that you can do. storm water drainage, Podunk, if there is a storm and you don't adopt might not be able to get funds from FEMA Delnicki - would somethign such as condiitions on Dmeing Street, Ridge Road constitue a hazard? Galligna - you can make case for it but you have to show part of a greater storm. if we did have a major storm for the region that may be something thata can be tried to be qualified. Delnicki - any heavy rain there is a huge issue in Ridge Road and Deming. Galligan - it is something we will look into Delnicki - have other towns applied Galligan - everyone trying to get resolution approved, then will apply unanimous
H. Resolution to Construct New Sidewalks on a Portion of Ayers Road
Wagner, Delnicki Pendleton - Chief Reed or Public Works - site line - the cross walk is better location for Chief Reed - crosswalk is in rise for site lines Pendleton - homeowner has been notified? Doolittle - yes they have been notified and we have not heard from them. Mirek - long overdue to have this done. lot go to Nevers and Sullivan Avenue - hopefully that will continue - Mr. Hankard raised the issue of it being dark, how is the area at this time? Hankard - I don't recall street lights on that area - we do have lights at the beginning of HS driveway Mirek - should take a look at that. Harnkard - I will Wagner - there is an existing crosswalk - what we are dealing with is how pedestrians behave, they take the shortest path - should move crosswalk in unanimous
I. Resolution Waiving Competitive Bidding for Boiler Replacements at the Town Hall and Library
Mirek, Delnicki Mirek - if it already has gone out to bid, those items are not included? Galligan - bid went out with alternates - not all contractors do alternates. Engineer was trying ot have one bidder so we did not have one person putting in boiler system and one in alternates. Feel can get more bidders for just boiler - do not want ot delay the process - only put addendum to change scope - alternates do not have addendums. we felt that because of this snag it has put us back - would take 2-3 weeks if went out to bid again. go to quotes and get written quotes. get more contractors. Mirek - so the people already who put bids in still have an opportunity? Galligan - yes Wagner - this is very important. will vote in favor of this. Snyder - what was the averag eof the bids Galilgan - one was 50,000 less Clay - 290,000 base bid Snyder - when did this goi out to bid? Galligan - about 4 weeks ago Snyder - ok to just do quote for something that could be 200,000 Galligan - Snyder - what is the dollar amount, doesn't matter Galligan - waive bidding it is ok to get any amount. unanimous
J. Resolution Approving a Refund of Taxes to Seventy-Two (72) South Windsor Taxpayers
Delnicki - recused himself Havens, Wagner Pendleton - why are there so many Galligna - people move out, trade cars, leases, etc. Pendleton - aren't alot of these property owners? Galligan - majority are cars. may have people who had closing Mirek - timing of it. unanimous
K. Discussion Item: Update on Turf Field at the South Windsor High School.
Galligan - staff met with superintendent - have had Jeff Doolittle and Mike Gantick look into issues. I was concerned about the subsurface conditions. Mike Gantick and staff looked at FArmington and other towns that put out to bid. Wilton had to raise their field for components. Mr. Hankard will go to Capital Projects to take a look at. we have contract with company who has done a lot of these fields. the entire project would be 74,000 - decided to 13,500 to do schematic design. they would come up with estimated price for this project. we do need to be specific of where the price tag is. after getting price tag will discuss this more. Snyder - would lthis company do a design build? Galligan - it is possible to do design build. Engineer would tell you to be careful doing a design build. The Engineer we are using told us a lot of Delnicki - I have mentioned that if there would be contamination issues there? Galligan - that is concern I have and that is something they will be looking at. If you look at the field it is flat - Delnicki - this is more concern - do we have report on this Galligna - 6 weeks - could ask them to prioritize that.
L. Discussion Item: Wapping Park Maintenance
Galligan - came to my attention that there was a memo sent by IWA/CC - moving at Wapping Park - told Jeff we should mow before the 30th. We have someone hired to do that. This particular piece came to us before CT STudios. CT Studios was supposed to take property - Jeff has someone coming to mow, we will monitor that.will be having meeting with Nelson Betty Warren - Matt told me that action was being taken, Glad to have the attention taken care of it. Dlenicki - is there any money being made to take sparrows from Renchler field Wagner - the reason we moved the birds over to that field is to allow CT STudios? Galligan - the idea is when you have the bird when they fly - tallest weeks they will next - WAgner - who is obligated to pay for the work? Galligan - the town - we tried to pass to CT Studios Pendleton - did I hear you say going to hire someone Galligna - some of the farmers like to hay it. Pendleton - don't we have Parks Dept. Galligna - we don't have that type of equipment.
15. Passage of Ordinance
none
16. Communications and Reports from Town Manager [Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
As Shown in attached Exhibit B - Town Manager's Report. got first 10,000 "Bright Idea" grant Pendleton - 5 working days Galligna - yes Pendleton - also for dashboard? Galligan - for agenda 5 days - Delnicki - I asked June or May - report of what the issues are at Company 3? Galligna - I asked that from PBC - Happ Fitts has contacted Fire Department and he has nothing. Delnicki - when report on issues they had to take care of and issues that need to be taken care of. Galligan - asked Happ and Fire Chief to discuss and let us know and give us a report. will request that again. Mr. Fitts upset that no one talked to him PBC holds the warrant Anwar - the question that Couniclor Delnicki - if the PBC did this, how come the town staff is not managing this. Delnicki - what are the deficiencies, what has been fixed and what has not been fixed. Galligan - I think they have an obligation to let the Town Manager know. We will try to help them out. Anwar - the question has to be answered. our staff has different level of skills - the ideal situation would be that the town staff would be helpful Wagner - five days, not working - still have Anwar - wifi would be good to have in Chambers - Galligna - will talk to IT Anwar - Wagner - have an issue with people in the audience using their computers Anwar - people having access to graphs and maps. it is something to think about. Delnicki - what is the cost Anwar - that is what we are going to find out Anwar - another public comment, 24M health budget Galligan - 3M on the town side - the board of ed side - thought the totla budget was 14M and then you have fees on top of that but can the exact number for you.
17. Public Input [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
Don Gonsalves, 40 Bayberry - I am completely wasting my time - I am not happy with the town - no one has asked who is in charge of the Finance Department. $1M floating out there and no one can tell me where it came from. Rotten accounting and would like to know who is doing it. 95% of the meetings I am the only one here. I don't know how you can have a public hearing that I have asked for for five years. I am the one who came up with $24M. Basically we have 401K plan that we pay 12%, we ar epaying 4 times more then the industry. The public hearing we had on healthcare was 15 minutes. I hope everyone is honest. CCM had a big meeting. This Council plus other council has done nothing. Matt Riley - 12 Heatherwood Drive - past practice - state name and address - want tomake sure in here gong forward. 3 minutes trying to get in comments. Importnat that the Council hears the public - people having trouble with 3 minutes. Tom always let folks speak. Encourage to give people longer time to speak.
18. Communications and Petitions from Council [Per Town Council Rules, this segment of the meeting shall not exceed twenty (20) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
Anwar - everyone from the public who spoke tonight gave their name except the first person and I asked for them. 3 minutes - we are here to listen to the people, respond to phone calls. at the end of the day we are here to get business done. There are some questions that have been raised, some of those questions have been answered in the past. The council does not ask questions is because we already know the answer and if there are legal matters then we can't answer at times. Galligan - the Council has been fully infomred about the Finance Department. Town Charter, Town Manager responsible, Auditor, - until we get issue resolved - people have rights - the issue of health, renewal 15M or 16M - we are self insured. we have saved money in the past. State program was more expensive. right now everyone at the 2,000-4,000 - as far as the pension would love you to take the 401 and go into town pension (38% of salary). this has all been changed and it is 6% and 6% - 1987-1988 - in 1989 passed nondiscrimnation clause the plan had to be offered to everyone. All of the union pensions, police pensions - no one gets health going out the door. no on ein town of sw, 65 or older in th epension - when you reach 65 you go on medicare. Police if they are on pension and go to another job the have ot take the other job benefits. Manchester all other towns get health for life. Anwar - I have heard you say this each budget year. Wagner - I am the person Mr. Gonsalves has discussed. The $1M showed up in WPCA audit report Jne 2013 - there was a budget item for debt service. when you saw the actuals there was an extra $1M paid for debt service. I saw that when I got the audit report. I was satisfied with answer I received and he was not satisfied. I would ask the Town Manager what happened to that $1M? Galligan - it is a special revenue fund - I wil have Patty Perry do a full report showing the transfers and will email Mr. Gonsalves with this. This Town under your municipal accounting system - Wagner - the report is difficult to understand - you can track it but it is hard. Gonsalves - as a former CFO - it has never been explained - the explanation is pure garbage. you have never given me an explanation. The only person who knows where those funds are is Fred Shaw Anwar - WPCA put funds in - different ways to record - Mirek - Mr. Riley's concern about 3 minutes - if we only have a few people coming up don't see the harm of giving more time. Anwar - I hear you and respect what you are saying - haivng the Town ATtorney review the hole process. Snyder - did I hear you right - having the Town ATtorney review rules to redo them Anwar - we voted to have TA voted again Anwar - councilor Wagner stated that last year we missed meetings because of the weather - try to make sure that the town buisness doesn't get slowed down. Wagner - FOI and Ethics - is ther any way to have rain date if TC meeting is cancelled - can put on schedule if meeitng can not be held because Town Hall is closed we will hold the meeting the next day and that still qualifieds as a regular meeting - the schedule is already published Galligan - would publish meetings - if meeting cancelled beause of inclement weather will have meeting scheduled for the next day - will look at that - Elections Committee Pendleton - SW Historical Society - Heritage Day, 10/4 - 9 to 4 - There is parking and it is free. We have new vendors and new attractions.
19. Executive Session
20. Adjournment
Delnicki, Pendleton, 9:43 p.m.
Sep 15, 2014 Town Council Meeting
Full agenda
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1. Call Meeting to Order
7
2. Prayer: Pastor John Rasmussen, Our Savior Lutheran Church
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
5. Public Input [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
Robert Dickinson, Birch - get WiFi in Chambers to cut down on paper. also have items on website.
Don Gonsalves, 40 Bayberry Trail - as taxpayer I am concerned - no one follows up on anything. I would like to know who is running the Finance Dept. in SW. The former Finance Director is suing us. I have asked for over one year - there is 1M in the Pollution account - want an answer - I have asked for an accounting of this $1M and no one has given me an answer. I want to know who is doing the accounting. do we have a new Director or someone who is temping. I want to know who is doing the accounting for this Town. The second issue is I haver asked for a meeting on pensions. No one has had a public meeting regarding this issue. State workers have been reduced, why can't the Town. we hve two items in our budget, pension and health care. we are spending 24M and no one has examined it. CCM just had a meeting - State of Connecticut property tax is twice as normal.
Roy Normen, 158 Homestead Drive - Town Attorney appointment - politics have come into play and the Town's Charter is - there are two opinions on this issue. One from Attorney Cummings and Attorney Panico. Attorney Panico's opinion does not have state any past law. Section 301. Appears this was added for personal gain. - Council member reported us to the state and violated us to the state - town was reported to the state and violation was paid by the town. If I were sitting in your place I would not want to be violating the charter. you have other qualifying attorney's -
Kevin McCann, 170 Lisa Drive - there have been people who have asked me why making issue about the Town Attorney - the way it came about is in violations. Right now you have two conflicting attorney opinions. Section 202 avoids a gap when you don't terms that don't match up. Section 204 should have been looked at. Two year term continues until two years after you are elected. even if you don't serve the two years that is carried out. Attorney Panico is Bond Counsel which is a very lucrative position - you put him in a tough position. He did a good job but he was in a difficult posiiotn. you need a ruling of the two attorney opinions. You should get an unbiased decision of both attorney rules.
David Joy, Bramlebrae - answer questions - why has the cost of the project grown to 1.7M - heard for equipment but that is not supported by applications for STEAP - what will the business center accomplish. what technology will growing businesses receive that they don't already receive. Where is this located in the plan? HOw does our approach compare to other towns? Wh is an EOC need dedicated space? hear about fiber optic - why does suitable EOc need 2M build out when _______ has not been discussed by council or capital projects? When you look at planning documents - greatest needs updated school, expansion of police dept, human service - why isn't the police department using - hard to speak out publicly about safety matters - not against an EOC - do what is prudent and cost effective for South Windsor.
6. Environmental Health & Safety Message
none
7. Adoption of Minutes of Previous Meetings
Mirek, Snyder, unanimous
8. Public Petitions
none
9. Communications from Officers and Boards Directly Responsible to Council
Wagner - correct the newspaper for saying Open Space Task Force is out of funds - They have more then $3M that has been allocated in previous refernedums that has been allocated to them. They do have money but they have different buckets of money for different purposes.
10. Reports from Standing Committees
none
11. Reports of Temporary Committees
none
12. Consent Agenda [All items listed with an asterisk (*) are considered to be routine by the Town Council and will be enacted by one Motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the General Order of Business and be considered in its normal sequence on the Agenda.]
none
13. Unfinished Business
none
14. New Business
A. Presentation of the South Windsor Plan of Conservation & Development, (Changes to Chapter 10, Route 5)
Michele - Rte. 5 - 15 properties - current zonong is residential that doesn't have much flexibility. P & Z want ot create a rural transition zone. after plan was adopted, residents approached the Commission. The new plan did not lend itself to this proposal. Commission did accept petition - Plan of Conservation and Development is a planning document - petition would allow some uses. comission was letting residents entertain different uses in that area. Hope to see in the future is regulations for these folks to take advantage - lend itself to development - not huge growth but will see some economic activity. Anwar - the Council knows this and this will be excellent for - want to make sure used for the right type of buisnesses and keep the character of town.
B. Resolution Concerning the Appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney
Havens - Wagner Galligan - make sure there is discussion on this - Delnicki - don't intend to delay work of town, council, etc. Feel should explain reason. There is not discussion on tabling - Brings me no joy to judge my vote. There are two legal opinions - At this point I can not support this resolution. Snyder - This selection of Town Attonrey - if members of the public and other people don't understand - this selected attorney was not the highest scoring, most qualified or the most unexpensive - the personnel committee interviewed all of the attorney's - at the time it was agreed upon that the most qualified, most inexpensive, etc. - another attorney was chosen and two days later they wanted to support Keith Yagaloff. My concern with not being able to support - concerned we did not choose, most inexpensive, most qualified, etc. our town attorney had communications with Robinson and Cole - there is a lot of uncomfortableness with this - shoudl have most qualified applicant, least expensive, etc. Anwar - did I hear you say that McGreegan was most inexpensive? Snyder - there were 11 responses - the top three - Anwar - did you just say they were the least expensive? Snyder - yes Anwar - and you said we decided to ask - vote on the top three Snyder - yes Anwar - it is not fair to make a statement - not accurate to make statement - read the scores Snyder - highest 88 - Yagaloff 87.5, 58 was the third company Anwar - the decision was the top three was who we were going to discuss - Snyder - yes Anwar - number 88 they said they would not attend Town Council meetings and if they did they would charge? Snyder - that is not in Dr. Yagaloff's contract and we have not seen any bills Answer - do you remember asking the attorney - he said he was not going to attend meetings. We felt important to have town attorney attend meetings. Snyder - I did not unless we needed them here. I have concrns about - there are items that we will hav eto outsource and concerned about cost for that. political issues that may arise such as sign ordinances. I am wondering if we woudl have - conflicts on 3 different items, bond counsel items, We did not oursource Galligan - Murtha Cullina had labor attorney - also have used others. Right now we are using Dave Mexker. That was my decision. Snyder - of the three law firms that were discussed, Romisgreegan was the highest scoring, least expensive, most qualified - those are the kind of things I want to put out there. concerned the process. Anwar - the attorney that you are recommending, were they ever sued by a Twon that they served. Snyder - I have no knowlege of that - wait Cromwell because partner that left. Galligna - issue - they lost contract - Morris - it was his partner that screwed it up in the first place. Snyder - we agreed that the other attorney scored the highest - expartae conversations were held by Keith Yagaloff Anwar - it was a committee meeting - Snyder - disconcerning to me. Wagner - there was list of 6 or 7 questions - scoring systems are not the final word - I am willing to accept the scoring process as a screening tool but not as final word. 1/2 point difference - I don't think I have ever agreed that I would vote for who came out on top. As far as the expartae communications - only communication Atty Panico had was Saud - when we apointed other attonrey's how many votes? Galligan - did not do for Murtha Cullina or Halloran and Sage - you appoiont a firm and that is why back then we read it as charter stating person not firm. Barry Guliano was postponed, but not Murtha Cullina. Are we gong to start doing it for Auditors, etc? Best way to move forward would be to do it twice - Saud - Delnicki - Atty Cummings and Atty Panico - Expartet - this is going to come back to us at the next meeting - there may be additional information. my concern is that we live up to the charter - Anwar - we had an independent attorney give us an opinion - Galligan - have been here 19 years and you have a lot of rules and regs that you don't follow. If Town attorney is requested an opinion should be given to the whole council. Robinson and Cole gives opinion - only need court of law - Robinson and Cole would not do something to jeopardize - 5-3 passed
C. Motion to Renew the Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex
Delnicki, Pendleton Wagner - Renewing a motion for the Resolution Authori Delnicki - accept that Delnicki unanimous
recess 8
Public Hearing started 8 p.m 19 people Jeff Doolittle - Joe Perna - approached by Chief of Police and Pat Hankard - better sight lines - in order to provide safe route propsoing 100 feet of concrete sidewalk - we provide signage - basically pretty straight forward - we di try ot approach - we can answer any questions Havens - who maintains the sidewalk? Jeff Doolittle - Town will maintain this piece of sidewalk. Feel importnat for the town to maintain. Delnicki - LIttle League complext in winter does not operate? Jeff - not the complext itself - but students park there and it is maintained. Public David Joy - 100 Bramblebrae - looking for your support on this. compliment combined efforts of Town and Board of Ed. This problem was identified 3 years ago - we are close to having solution - this will bring safety into the situations. Board of Ed will be paying for this. Good shared services. Kevin McCann, 170 Lisa Drive - Chair of Sidewalk and Bikeway - Committee supports - all the way down to Nevers Road - Ginny Hole, 85 LeFoll - support this plan - would like to see it go both ways to Nevers and Graham. Skip Bourke, Murielle Drive - fully support on Ayers Road - would like to see it continue down to the intersections in the future. 485 Main Street - thank the Counicl for - hope to partnr in the future for safe arrival at the High School. Pat Hankard, 61 Green Lane - it took me a while that students arrive at Little League field in the dark and is very dangerous. Ken Sek 285 Griffin Road - hope that the sidewalk will be built as need and can we continue sidewalks. Robert Dickinson, 19 Birch Road - support this piece of sidewalk and support to continue to Nevers Road. Straw Poll Those in favor - 14 Those in opposition - 0 public hearing closed at 8:11
Motion to suspend the rules 14H Wagner, Delnicki unanimous
D. Resolution Authorizing the Town Manager to Apply for a STEAP Grant with the State of Connecticut for Improvements to the EOC/Business Center in the Town Hall Annex
Delnicki, Pendleton, Snyder - are you also - we had 500,000 in 2013 so we are sitting on that funding? Galligan - yes Snyder - you are also looking to move town employees over there? Galligan - IT, Building Maintenance, we talked about Finance - there will be staff Snyder - that building will be able to be linked into fiber optices? Galligan - yes Sndyer - how many square feet for EOC, town staff Galligan - entire 9,000 square feet - when you do the EOC you have to have 4,000 to 5,000 square feet - then have other outside operations - majoirty willb e EOC. Business incubator will have meeting rooms, emerging companies that want to come out of their homes we could help them a little bit. Snyder - wanted to make sure there is a component that will help with space at Town Hall. Havens - this is a long time coming. we have been looking at that building - perfect for campus atmosphere. I am certainly in favor and there is no reason why we should not support this. It may answer many questions that have been asked. Mirek - the town use would be about 1/2 Galligan - the whole buildng will be used by the town, work with chamber with buisnesses Mirek - not only for the EOC, also for general town space Galligna - general office, business incubator - try to help people bring their buisness to the next level. Mirek - when we applied for EOC should also be staed that extension of our town hall. Galligna - in the document Mirek - want to make sure David Joy's concerns are addressed, GAP funding Galligan - two grants, LoCIP funds, Capitla Improvemetns for Town projects. Leasing of IT equipment. I have had the Police Chief, Fire Chief, Department of Defense, Jay - Lawrence Associates, If anyone wants to see this plan, come to my office. No one has come to my office. WE need to start talking to the Town Manager. Mirek - is it regional? Galligan - every storm and event that happens is a regional approach. when Sandy happened we all commuicated back and forth. Dispatch was taken down last week for an hour, Vernon took over our dispatching - that is regional cooperation. That is what we do, work together - East Hartford spend 23M - Manchester spent money, SW spending a lot less. Wagner - building right now would not sustain Category 3 hurricane, what are we doing to bring that building up to what we need? Galligna - Engineering is being done, roof structures, support, etc. Wagne r- the alternative of tearning the buildng down and building new? Galligan - more expensive - the Police Department building was never designed to withstand Anwar - trust our Fire Department, Police Department, Town Manager, etc. tehre are some conversations taht should not be public Delnicki - the CERT Team based out of this? Galligan - eventually they will be. Right now the Space Committee is working with Company 3 - CERT will be moved first then there. Delnicki - time line of having someone move in there? Galligan - depending on the grant Delnicki - original grant Galligna - would like to get second grant before we start. Dlenikci - the Health Department is natural fit, not company 3 Galligna - we can discuss Snyder - 500,000 - is it your intent to apply Galligan - it is ready to go Snyder - can you be creative of financing over multiple budgets? Galligan - we could - have to have ph for LoCIP funds Snyder - $1M - it seems you would have enough to get it rolling Galligan yes unanimous
E. Motion to Renew the Resolution Authorizing the Town Manager to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees
Pendleton - Wagner unanimous
F. Resolution Authorizing the Town Manager to Enter into a Contract with the South Windsor Town Employees Bargaining Unit, The National Association of Municipal Employees (A Division of NAGE), Local R1-208 Pollution Control Employees
Pendleton, Snyder unanimous
Delnicki - suspend the rules, move 14L, WAgner, unanimous
G. Resolution Adopting the 2014/2019 Capitol Region Natural Hazards Mitigation Plan Update
Snyder, Pendleton Galligan - this is plan that CRCOG has been working on for a long time. Any town wants to apply for mitigation plan, have to adopt plan. as a region when FEMA comes in - the entire region has to prove an emergency - it has to be an occurence of the entire region. it was done through CRCOG - now each municipality has to adopt the plan for mitigation projects. if you have area that floods in town - you can build house on stilts or can buy that area - they have bunch of these projects that you can do. storm water drainage, Podunk, if there is a storm and you don't adopt might not be able to get funds from FEMA Delnicki - would somethign such as condiitions on Dmeing Street, Ridge Road constitue a hazard? Galligna - you can make case for it but you have to show part of a greater storm. if we did have a major storm for the region that may be something thata can be tried to be qualified. Delnicki - any heavy rain there is a huge issue in Ridge Road and Deming. Galligan - it is something we will look into Delnicki - have other towns applied Galligan - everyone trying to get resolution approved, then will apply unanimous
H. Resolution to Construct New Sidewalks on a Portion of Ayers Road
Wagner, Delnicki Pendleton - Chief Reed or Public Works - site line - the cross walk is better location for Chief Reed - crosswalk is in rise for site lines Pendleton - homeowner has been notified? Doolittle - yes they have been notified and we have not heard from them. Mirek - long overdue to have this done. lot go to Nevers and Sullivan Avenue - hopefully that will continue - Mr. Hankard raised the issue of it being dark, how is the area at this time? Hankard - I don't recall street lights on that area - we do have lights at the beginning of HS driveway Mirek - should take a look at that. Harnkard - I will Wagner - there is an existing crosswalk - what we are dealing with is how pedestrians behave, they take the shortest path - should move crosswalk in unanimous
I. Resolution Waiving Competitive Bidding for Boiler Replacements at the Town Hall and Library
Mirek, Delnicki Mirek - if it already has gone out to bid, those items are not included? Galligan - bid went out with alternates - not all contractors do alternates. Engineer was trying ot have one bidder so we did not have one person putting in boiler system and one in alternates. Feel can get more bidders for just boiler - do not want ot delay the process - only put addendum to change scope - alternates do not have addendums. we felt that because of this snag it has put us back - would take 2-3 weeks if went out to bid again. go to quotes and get written quotes. get more contractors. Mirek - so the people already who put bids in still have an opportunity? Galligan - yes Wagner - this is very important. will vote in favor of this. Snyder - what was the averag eof the bids Galilgan - one was 50,000 less Clay - 290,000 base bid Snyder - when did this goi out to bid? Galligan - about 4 weeks ago Snyder - ok to just do quote for something that could be 200,000 Galligan - Snyder - what is the dollar amount, doesn't matter Galligan - waive bidding it is ok to get any amount. unanimous
J. Resolution Approving a Refund of Taxes to Seventy-Two (72) South Windsor Taxpayers
Delnicki - recused himself Havens, Wagner Pendleton - why are there so many Galligna - people move out, trade cars, leases, etc. Pendleton - aren't alot of these property owners? Galligan - majority are cars. may have people who had closing Mirek - timing of it. unanimous
K. Discussion Item: Update on Turf Field at the South Windsor High School.
Galligan - staff met with superintendent - have had Jeff Doolittle and Mike Gantick look into issues. I was concerned about the subsurface conditions. Mike Gantick and staff looked at FArmington and other towns that put out to bid. Wilton had to raise their field for components. Mr. Hankard will go to Capital Projects to take a look at. we have contract with company who has done a lot of these fields. the entire project would be 74,000 - decided to 13,500 to do schematic design. they would come up with estimated price for this project. we do need to be specific of where the price tag is. after getting price tag will discuss this more. Snyder - would lthis company do a design build? Galligan - it is possible to do design build. Engineer would tell you to be careful doing a design build. The Engineer we are using told us a lot of Delnicki - I have mentioned that if there would be contamination issues there? Galligan - that is concern I have and that is something they will be looking at. If you look at the field it is flat - Delnicki - this is more concern - do we have report on this Galligna - 6 weeks - could ask them to prioritize that.
L. Discussion Item: Wapping Park Maintenance
Galligan - came to my attention that there was a memo sent by IWA/CC - moving at Wapping Park - told Jeff we should mow before the 30th. We have someone hired to do that. This particular piece came to us before CT STudios. CT Studios was supposed to take property - Jeff has someone coming to mow, we will monitor that.will be having meeting with Nelson Betty Warren - Matt told me that action was being taken, Glad to have the attention taken care of it. Dlenicki - is there any money being made to take sparrows from Renchler field Wagner - the reason we moved the birds over to that field is to allow CT STudios? Galligan - the idea is when you have the bird when they fly - tallest weeks they will next - WAgner - who is obligated to pay for the work? Galligan - the town - we tried to pass to CT Studios Pendleton - did I hear you say going to hire someone Galligna - some of the farmers like to hay it. Pendleton - don't we have Parks Dept. Galligna - we don't have that type of equipment.
15. Passage of Ordinance
none
16. Communications and Reports from Town Manager [Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
As Shown in attached Exhibit B - Town Manager's Report. got first 10,000 "Bright Idea" grant Pendleton - 5 working days Galligna - yes Pendleton - also for dashboard? Galligan - for agenda 5 days - Delnicki - I asked June or May - report of what the issues are at Company 3? Galligna - I asked that from PBC - Happ Fitts has contacted Fire Department and he has nothing. Delnicki - when report on issues they had to take care of and issues that need to be taken care of. Galligan - asked Happ and Fire Chief to discuss and let us know and give us a report. will request that again. Mr. Fitts upset that no one talked to him PBC holds the warrant Anwar - the question that Couniclor Delnicki - if the PBC did this, how come the town staff is not managing this. Delnicki - what are the deficiencies, what has been fixed and what has not been fixed. Galligan - I think they have an obligation to let the Town Manager know. We will try to help them out. Anwar - the question has to be answered. our staff has different level of skills - the ideal situation would be that the town staff would be helpful Wagner - five days, not working - still have Anwar - wifi would be good to have in Chambers - Galligna - will talk to IT Anwar - Wagner - have an issue with people in the audience using their computers Anwar - people having access to graphs and maps. it is something to think about. Delnicki - what is the cost Anwar - that is what we are going to find out Anwar - another public comment, 24M health budget Galligan - 3M on the town side - the board of ed side - thought the totla budget was 14M and then you have fees on top of that but can the exact number for you.
17. Public Input [Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
Don Gonsalves, 40 Bayberry - I am completely wasting my time - I am not happy with the town - no one has asked who is in charge of the Finance Department. $1M floating out there and no one can tell me where it came from. Rotten accounting and would like to know who is doing it. 95% of the meetings I am the only one here. I don't know how you can have a public hearing that I have asked for for five years. I am the one who came up with $24M. Basically we have 401K plan that we pay 12%, we ar epaying 4 times more then the industry. The public hearing we had on healthcare was 15 minutes. I hope everyone is honest. CCM had a big meeting. This Council plus other council has done nothing. Matt Riley - 12 Heatherwood Drive - past practice - state name and address - want tomake sure in here gong forward. 3 minutes trying to get in comments. Importnat that the Council hears the public - people having trouble with 3 minutes. Tom always let folks speak. Encourage to give people longer time to speak.
18. Communications and Petitions from Council [Per Town Council Rules, this segment of the meeting shall not exceed twenty (20) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
Anwar - everyone from the public who spoke tonight gave their name except the first person and I asked for them. 3 minutes - we are here to listen to the people, respond to phone calls. at the end of the day we are here to get business done. There are some questions that have been raised, some of those questions have been answered in the past. The council does not ask questions is because we already know the answer and if there are legal matters then we can't answer at times. Galligan - the Council has been fully infomred about the Finance Department. Town Charter, Town Manager responsible, Auditor, - until we get issue resolved - people have rights - the issue of health, renewal 15M or 16M - we are self insured. we have saved money in the past. State program was more expensive. right now everyone at the 2,000-4,000 - as far as the pension would love you to take the 401 and go into town pension (38% of salary). this has all been changed and it is 6% and 6% - 1987-1988 - in 1989 passed nondiscrimnation clause the plan had to be offered to everyone. All of the union pensions, police pensions - no one gets health going out the door. no on ein town of sw, 65 or older in th epension - when you reach 65 you go on medicare. Police if they are on pension and go to another job the have ot take the other job benefits. Manchester all other towns get health for life. Anwar - I have heard you say this each budget year. Wagner - I am the person Mr. Gonsalves has discussed. The $1M showed up in WPCA audit report Jne 2013 - there was a budget item for debt service. when you saw the actuals there was an extra $1M paid for debt service. I saw that when I got the audit report. I was satisfied with answer I received and he was not satisfied. I would ask the Town Manager what happened to that $1M? Galligan - it is a special revenue fund - I wil have Patty Perry do a full report showing the transfers and will email Mr. Gonsalves with this. This Town under your municipal accounting system - Wagner - the report is difficult to understand - you can track it but it is hard. Gonsalves - as a former CFO - it has never been explained - the explanation is pure garbage. you have never given me an explanation. The only person who knows where those funds are is Fred Shaw Anwar - WPCA put funds in - different ways to record - Mirek - Mr. Riley's concern about 3 minutes - if we only have a few people coming up don't see the harm of giving more time. Anwar - I hear you and respect what you are saying - haivng the Town ATtorney review the hole process. Snyder - did I hear you right - having the Town ATtorney review rules to redo them Anwar - we voted to have TA voted again Anwar - councilor Wagner stated that last year we missed meetings because of the weather - try to make sure that the town buisness doesn't get slowed down. Wagner - FOI and Ethics - is ther any way to have rain date if TC meeting is cancelled - can put on schedule if meeitng can not be held because Town Hall is closed we will hold the meeting the next day and that still qualifieds as a regular meeting - the schedule is already published Galligan - would publish meetings - if meeting cancelled beause of inclement weather will have meeting scheduled for the next day - will look at that - Elections Committee Pendleton - SW Historical Society - Heritage Day, 10/4 - 9 to 4 - There is parking and it is free. We have new vendors and new attractions.
19. Executive Session
20. Adjournment
Delnicki, Pendleton, 9:43 p.m.
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