Video index
1. Call Meeting to Order
7
2. Prayer: Nilofer Haider, Muslim Faith
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
proclamation was presented to Jeanette Porcello for being named the 2014 Young Woman
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.]
Lincoln Street,
James Throwe, Main Street - 1965 - no one wrote me any letters. we did not have all of the FOI rules and we had a 5-4 majority. We had this 3 minute rules and got out of here at 10 p.m. It was a lot of fun - we met at the High School Library - it was the business of the council t do the towns affairs. The appointment of a town attorney - I believe a small firm is the way to go. You get a big firm you get a lot of lawyers. in the past we had one person firms and they knew the town's business. Get busy and do the towns business which is taking care of roads, schools, etc.
Don Gonsalves , 40 Bayberry Trail - if I were the council I would be concerned with the lack of financial information. I have asked for one year and have not received any information. I am totally unsatisfied. I would not worry about getting sued regarding the charter I would be worried about getting sued about the financials. Water Pollution has 1M in their budget that no one can explain. very frustrated - bring this up time after time and this council does nothing such as the previous council. we have a 401K that is richer then the private, defined benefit plan which matt said 38% of payroll. why doesn't the council know what is happening with the finance office. who is doing the financi
Roy Normen - Homestead Drive - town attorney is a violation of the charter. Robinson and Cole opinion was prolonged until after Andy Paterna was appointed. Appears your appointment conflicted your code of ethics, etc. this has been made into a political issue.
Matthew Riley , 12 Heatherwood Drive - Town Attorney appointment. three issues that need to be addressed. violation of the Charter. you have two legal opinions - one says he can't accept the town attorney - the other says he can. you do not have a legal ruling. there has been a lot of discussion regareding elected or appointed. not shall accept employment by the town. should a council member be allowed to even apply. the possibility or the - if you do't believe that this minimkum might we a vioilation of the charter, you must have a case why this individual is appinted. there is no explanation why an individual with minimal experience is being appointed. need a firm that has experience to serve us well.
Cindy Beaulieu, 19 Cody Circle - can't believe were we have gotten to. Attorney Panico was verbally acosted when discussing 6320 Corporation. NOw the Council will take his advice on this issue. This issue is outside of his professional - if you disrespect this charter you disrespect the town. you were to find the most qualified and least expensive - that is not what we have sitting in the town attorney posiiton right now. when requested to get an opionon on the charter it took two weeks. There were communications betwen the now TA and the attorney requested to give an opinion. I am very bothered by what is going on. need to ask for a third opinion.
Mikr 606 Rye Street - it has come to my attention that the Board of Edcucation member has spoken against the EOC. the safety and security of our students, teachers, etc is very important. we should ensure that we - urge the council to protect the children first.
Kathy Daugherty, 12 Roy Road, - Chair of the Republic Town Committee - very concerned about this newspaper articles - the town has finanical issues thta need to be addressed. i would rather see money spent on roads, education. Somebody wanted to come and say that our charter is - found something - met with manager, mayor - these individuals knew about it before the republican team - issue is called the tm office to get a meeting and then brought Roy Normen - this turned political and not be me. I have been treated like this is a vendetta and it is not. I have referred clients to Keith. When I met with you I thought you would seek another opinion. response I got was to file a law suit. I have no interest in going any further. My republicans will follow the charter.
Carolyn Mirek - read 2 letters regarding the issue tonight (town attorney) and 1 on another issue that is not on the agenda tonight. Pete Lund, 91 Laurel Street (exhibit) Linc Streeter, Bramblebrae - speaking in opposition of the way the town attorney was selected. (get letter from Carolyn) Sept 16 - Mark Finer - (get letter from Carolynj) Anwar - have reached out to the BOE and Town Manager - We do not have direct impact on the independent groups. I have had meetings with the Park & Recreation. I think we are moving in the right direction. Thanked Ray for taking the leadership and for Matt trying to address this.
6. Environmental Health & Safety Message
Wagner - Vulnerable User Law took effect October 1st. over 10,000 bicyclists were killed between 2006-_______. The law establishes a 1,000 fine which is small to the person who may have been injured. Should go back to the Golden Rule - Do unto othrs as you would like done to you. Mirek - October is Breast Cancer Awareness This week is Latex Awareness Week - be aware of this condition Anwar - Latex Awareness - important that people have some type of identification - bracelet - most of hte facilities have moved away from using latex gloves but not all. Eboli - there is a lot of concern about this. Matt has already been working on this for what if's scenarios - protect the community. as a town we are already looking into it and have been into conversations.
7. Adoption of Minutes of Previous Meetings
Delnicki - Wagner unanimous
8. Public Petitions
none
9. Communications from Officers and Boards Directly Responsible to Council
none
8. Public Petitions
Ginny Macro, 1828 Main Street - thanked the Mayor and Tow Council for approving our application - Certified Local Government - gives us access to funds for preservation purposes. On behlaf of the Board of Wood Library - invite public and TC to open house to meet new Executive Director on October 18th
10. Reports from Standing Committees
Wagner - several exciting things going on with the Energy Committee - just approved by CT Green Bank for program called Solarize Connecticut. People can go on-line - more details will be discussed. Wagner - received Bright Ideas Grant of 10,000 - just beginning to have discussions how to spend. Nove 20 - Business owners will be invited to C-PACE Program Working Group - address the TM idea of a solar installation Anwar - award that we received very few towns have been able to get that.
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.]
Paterna, Pendleton, unanimous
13. Unfinished Business
A. Resolution Concerning the Appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney
Havens, Wagner Havens - The appointment of Keith Yagaloff & Associates is legal - I believe what I have heard from Robinson & Cole's legal opinion. This has divided the community. I know there will be negative words but I hope not. Everyone has to work together. The outside counsel was promoted by the Republican side. Once we got it people did not agree with it. This has to end. Delnicki - for the record I am not a member of any Town Committee - thank everyone who talked to me about this issue - we ended up with two legal opinions. I honestly wish there was not any expartate communications. that cast a cloud over this. My concerns are twofold 1) violation of charter issues still remains, 2) concerns over the opinions being different. This is about the future of the town council, charter and community. Government should not be perceived - I will not be supporting tonights motion. Wagner - Important that we break these issues down. 1) personnel committee included Mayor, Wagner and Snyder - called five of these firms to be interviewed. the firms that were interviewed - personnel committee brought 3 selections to the Town Council. No recommendations was made but selections brought to the Town Council. Town Council discussed in Executive Session and voted and approved. Score cards were used that was drafted by the Human Resources Driector - based on the scores and further discussion - scoring is not the final selections. Yagaloff was approved because of his knowledge of the town's issues. In many ways I think the larger firms had strengths that the town could use but after thinking if over Yagaloff's firm was the best. Attorney Cummings stated that the council did not follow our rules. No one recognized it was an issue that night. there is a question of the priopriety of the appointment to the town charter - Attorney Cummings stated that Keith Yagaloff should not be appinted but he never mentioned the Law Office of Keith Yagaloff. Resignation shoudl have solved that issue. Votes today are sufficient now. Executive Session 8 councilors asked for an independent firm - Snyder - point of order - are you discussing things we talked about items talked about in Executive Session Wagner - we had discussions outside of executive session on this issue also. Galligan - I think the executive session personnel matter, financial matters - attorney client priviledge. Anwar - he will not talk about it. Wagner - we decided to seek an indepent opinion - Town Manager hired Robinson and Cole - the opinion was saying tht nothing was done wrong other then procedurally. letters from Yagaloff to Robinson and Cole was ok because he probably received correspndence from Rpublican Town Committee. I intend to support this appointment. Snyder - interesting that we have two opinions. The big issues I have is when we met and interviewed 6 firms of the 11. Aftr that meeting we discussed individual scoring without sharing it with eachother. after that we reviewed and did the RFP process - at the ned of the day when we discussed and unofficially 3 of us discussed that the highest scoring was Rome McGuigan, - two days later there was an agenda meeting and after the agenda meeting there was a change - when you look at the firms we had there were three that rose to the top Murtha Cullina, Keith Yagaloff and Assoicates, Rome McGrugen - it was decided to go with Yagaloff & Associates. I was surprised, July 7th Attorney Yagaloff was still seated as a Town Coucilor - none of us thought about the Town Charter - it just happened and we had to fix it. To me nothing is on scoring but we had talked about that we would hav eto contract out on two different issues. Experience was also considered. July 7th when approved incorrectly - Keith Yagaloff did not resign until 2 days later - timing was not all there. after Keith was apointed he came back up and finished the meeting. my concern is that I don't believe that Keith Yagaloff has the municipal experience. I prefer a firm and also answers to questions and discussions about political issues. Where is the line between the political affiilation and town attorney. Ethically it stinks and I think uncomfortable for others. To say it does not violate the town charter very uneasy with it. just concerned moving forward and concerned that ATtorney Yagaloff does not have enough municipal experience. Galligna - in the past - all of the attorney's if ther eis a conflict - we will get four or five firms and make a decision on a different firm. Snyder - when this came forward, Republicans were not made aware 10 minutes before. When we became aware of it, Matt Galligan said he would send to Robinson & Cole - Republican Town Committee did not pay for his fees. When that went out the information was shipped to Robinson & Cole. and there was a push to vote Andy Paterna onto the Council. There was a big rush to do that and then 3 or 4 days later opinion from Robinson & Cole came in. Galligan - don't want anyone to be bothered - ATtorney Panico did not know about any of those appointments. ATtorney Panico sent that out to Municipal Attorney in Robinson & Cole. Many times there have been a one month to get an opinion. Robinson and Cole has done legal work fo rSW for a long time. Do not want anyone thinking that Robinson & Cole has a financial interest - they represent many munciipalities. Robinson & Cole rendered that opinion 2 weeks ago. Republican Town Committee blamed the Town Manager - you asked for an opinion an dI got it and then blamed the Town Manager. I don't select the Town Attorney, RFP process - best attorney that you have based on quality - you need a Charter Revision because it was done in 1965 - employment - agreement between an employer and employee, etc. - IRS Rule - suggest that over the years policies have changed, need charter revision. There are a lot of things that need to be addressed. The opinion that was issued by Robinson & Cole is very clear. Mirek - clarify that Kathy Daugherty said there were was a lot of mistakes in the article. We had a discussion about the article and she said nothing about the TM or about a law suit. Also talked to people that have been in town for along time - this section reads the way it was meant to. Anwar - Snyder - are you questioning me - Anwar - other aspects that we have to look at - there are things - you have done this process for your workplace - worthwhile to know that ther was a qualitative and quanitative - wrong statements about ethics. the process is never going to be quantity along also quality. there was meeting with the committee was quantitative - we have had very good attorneys tht have represented us. Ro & Mcgrugen said they did not want to come to our meetings. Very important to come to the meetings. They have no idea about the past cases. Large firm attorney are only as good as the attorney, cost is much higher for the paralegal activity on the larger firm. we don't know about there response times, benefit from Keith Yagaloff who was a town couniclor. 1/3 less cost of previous attorney, hourly charges are 25% less then the previous attorney, he will be attending the council meetings for free and he is well resprected in twon. the score difference 88 to 87.5 - that was the quantitative and then we looked at qualitative.. expartae communications is with a judge or hearing officer. Mirek - I can't believe how you are going on and on about this. everyone knows who you are going to vote for. he is less expensive because he does not have as much experience. take offense how you are trying to make your point. we don't need ta at every meeting which is not in the contract. Paterna - seems like we are going on too long. it was a transparent process - seems like ta is necessary - to me it was transparent. this is slowing down the work of the council support keith yagaloff and associates. Yagaloff - clarify - want to let the council know do not take anything personally. Good attorney's put their clients first and formost. do not take things personally because it - discounted by rate to benefit the town. show my commitment to the town. my hourly rate is the same as Murtha Cullina - I am very proud of my practice. two attorneys practicing municipal law. Snyder - this is for the Town Counicl. Call the question - take the vote Yagaloff - the only comments by the public are the comments - always practice at the highest level. we do not engage in ---- conduct. Delnicki - we beat this horse to death. the buisness of the - call the question to have vote Delnicki - Snyder - call the vote 3-5 the questioned was not moved (more discussion) Pendleton - Thanked Robinson & Cole. I have sat here and listened to everyone- When you point a finger - we have been accused of many things - hearing political patronage - Attorney Cummings is Vernon Town Attorney (political patronage). 14 years of experience that Attorney Yagaloff has had with the town both professionally and as a volunteer. I am done with hearing about the politicalness of this whole thing. Gave definitiion of resign. I am tired of hearing about political this and that. in contract it states Keith yagaloff & Associates will not deal with any political matters in town. I will be voting in favor. we all know we can trust him, he cares about South Windsor. 5-3 1abstention
14. New Business
A. Resolution Accepting the Resignation of Andrew Paterna (D) from the Park & Recreation Commission
Paterna - recused himself Wagner, Pendleton Anwar - thanked him for his work that he has done. unanimous
* B. Resolution Appointing Joseph Durette (D) to the Board of Education and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* C. Resolution Reappointing James Murray (D) to the Economic Development Commission and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* D. Resolution Reappointing Joseph Kennedy (D) to the Economic Development Commission and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* E. Resolution Appointing M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
F. Resolution Authorizing the Town Attorney to Draft Explanatory Text for the Upcoming Referendum Regarding Various Road Paving and Drainage Improvements
Mirek, Pendleton unanimous
G. Resolution Approving the Transfer of $10,501.20 from the Contingency Account to the Registrar of Voters Budget
Pendleton, Delnicki - unanimous
H. Resolution Approving the Transfer of $2,500.00 from the Contingency Account to the Wood Memorial Library Grants and Contribution Account
Snyder, Delnicki Wagner - explanation Galligan - they keep our old records and do a lot to promote SW. they were supposed to get 10,000 - we have a contract - this is to bring their budget to the right amount. unanimous
I. Resolution Approving the Transfer of $127,376 from Various Accounts to Various General Fund Operating Budgets within the 2013/2014 Fiscal Year
Wagner, Pendleton Galligna - these clear out the accounts - the big one - Finance was Temp Finance Director - Auditors wiped that out. I can only take within a department budget - when wer rearrange accounts TC approval unanimous.
J. Resolution Approving the Transfer of $10,000.00 from the Contingency Account to the Collector of Revenue's Salary Budget
Delnicki - Wagner Galligna - this is a one time issue. Employee who has a family member who is very ill. another employee went in for surgery - this is a one time shot. we need to make sure they keep sending out notices. trying to help out employee the best we can. Delnicki - when are we goin gto go back to normal Galligan - come January individual can take another 12 weeks. working on that now. could take another month or so. Delnicki - the intent is once back to normal - will go back? yes Anwar - best wishes to the employee. unanimous
K. Resolution Approving a Refund of Taxes to Thirty-Eight (38) South Windsor Taxpayers
Paterna, Pendleton unanimous
L. Discussion Item: Public Building Maintenance and Oversight Committee
Pendleton - bringing this forward because the information in the communications from the Fire Department and sitting in Capital Projects our Facilities Manager, Clay Major brought to our attention that ther are a lot of public buildings that are not being met because of budgeting. structures are being compromised. Clay Major - the biggest issue is items that cost more then our operating budget. Do not have enough in operating budget to do everything tht needs to be done. Pendleton - front door of community center or front doors at Town Hall Clay - some things that are not being addressed - 10,000 item of the front doors at the Community Center Pendleton - what would be the best way to fix this Galligna - the Caital Projects Committee has to recommend to this Council. These are Capital Project items. The problem is when you hae so many uou can't get to all of the items. some communities have a caital items account. every year we underexpend budget - should take funds and use for these type of items. this could resolve some of th eissues. To add money to it. in May look to see how much money is left over and put the money into these type of items. Pendleton - think our Public buidlings should be taken care of. Penldeton - with the Fir eDepartment and items fixed. Fire Department is not under Public Buildings. Would like to come to an agreement that Fire Department maintenance be under the Town Hall, Public Building - very concerned that some of the firefighers are trying to fix these items. Delnicki - Matt do we really need another committee for this. Galligna - no but could pass a resolution saying Public Buildings handle all maintenance at all town buildings inlcuidng the Fire Department. Delnicki - HVAC at Compnay 3 - is there a preventive contract with the vendor. Deputy Chief Knipple - Delnicki - I have contracts for preventative and corrective maintenance. - do we do that presently? Knipple - no we have Delnicki - suggest having that type of contract. Knipple - station 1 and 2 there are no issues only station 3. Delnicki - need to properly fund preventative and corrective maintenance. need a service contract - would you take all of your maintenance dollars and give to the town. Knipple - Delnicki - makes sense to have money to preventative maintenance contract Knipple - valve last winter just all of a sudden gave way - never know when somehting is going to go. Delnicki - new system will tell you the problem. so would make sense to make sure you are budgeted correctly and put the funds from Fire Department ot the Public Building Department Chief - two years ago realized succession planning has been a problem for us. Shared SErvices - both have different contractors. Makes more sense to work together. Anwar - if there was a resolution at the next town council meeting - where the maintenance would be taken care of by the town Chief - without knowing the details can not say yes or no. our budget is strictly for services. costs would need to be known. there are a lot of details that need to be reviewed. Clay - we did not do a maintenance budget yet. since 2008 we have added four additional bildngs - impossible for us to take on more with what we have in our budget. Anwar - would it be more efficient? Clay - yes Anwar - more effective to invest in your department to increase the maintenance of additional buildings. Clay - yes Wagner - you have rolling equipment - are we talking bout that as well? Chief - large aparatus - small duty vehicles by the town but we are not talking about these items. Wagner - all fire aparatus and equipment is not going to be handled by the town. Snyder - instead of just jjumping into a resolution have everyone work out a process first or transition process. it is logical to put everything under the town but have concern about staffing. good idea but ther eneeds to be a transiition plan and that may take a little while. remember this when the budget comes up. Targt it for next fiscal year. In the long run much more logical to do, great move. Delnicki - who is the design engineer on company 3? Knipple - would have to look at it. Delnicki - who the engineer was who designed, construction manager Galligna - Cutter Enterprises was the construction manager Pendleton - good idea and positive step. I don't feel that the public building should be taken care of by the Fire Department. Chief - we have talked about this for one year Anwar - still not sure what the action is here. we have identified a problem and the solution is to increase the personnel - while this is happening - Galligan - we will sit down (Clay and Chief) and see what can happen in the time of transition. we will work with the current budget. Anwar - budget neutral? Galligna - right now - if you need an extra staff person - we have to evaluate everything. Knipple - when something is wrong I go look at it. Wagner - I would like to make sure we set a specific date. First meeting in December bring this item back. Paterna - taken ownership of new truck yet? Chief - yes but not here yet.
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.]
Matt - had call from Mr. Andre - dck hired him - Steven DeAngelo, Principal of dck - had meeting with Fuel Cell Energy CT STudios havens - I know you are doing the best you can with this project. Hard to believe we are still working on this. Still CT Studios Galligna - town has been in the position to do everything to make this happen. I think they are moving in the right direction but would like a development agreement to be signed. Havens - very difficult for anyone to believe this could happen. Really don't see it until I see it in my hand and who is really going ot believe it. Galligna - different corporation taking this over. Havens - good luck Galligna - I still have concerns about certain things. not costing the town money but cositng them money. Delnicki - it all sounds rosey but I will beieve it when I see it or when I see real foujndations and buildings goin gup. is there any idea of a time line Galligan - Dan and I are working on a contract. I have the same frustrations as the Town Counicl. need contract to bring to the counicl Delnicki - this contract will be voted on and discussed in open session? Galligna - yes Delnicki - when the land transfer occurred it happened when I did not belong to the Counicl. Can we get all documentation of what we received from the Galligna - will do through the Town Attorney. Delnicki - get that all to the counicl. Anwar - whenever someone hears CT Studios there is a perception that it is owned by the same individuals who started this. DCK is the owners at this time. once we do our due dliligence we are going to decide yes or no to go forward. Galligna - dck they have done their due diligence they have said they are going to go forward. they are working with the various state agencies. Galligan - issues are being raised with DECD - there may be changes. Anwar - the dck is moving forward. town is going ot make sure contracts is going ot be protected. the financial numbers willb e reviewed in executive session. Galligan - CCM Convention, Generators Generators Pendleton - Land Acquisition Microbrewery Agenda items Anwar - is it possible to make sure that Mr. Gonsalves meet with someone from WPCA Galligan - auditors should come in, WAgner, Gonsalves, myself and will meet. Anwar - financial end - there is a law suit so there is no comment. Delnciki - agenda meeting - you are right it is not in the rules - if you would like a resolution - hate when get packet on Friday and can't get information on Saturday or Sunday - suggest if a Coucilor sends and email in have council clerk send to the whole council. . Galligna - if you agree do not have a problem - don't want to get into situation where someone doesn't want anyone to know their informaion Delnicki - soothing some wounds on the Town counicl. Wagner - we all have to be disiplined - if we start gtting these email we have to be sure not to discuss. If we want something on the agenda that requires a resolution - is Monday enough time? Galligan - if Monday deadline could send it to Town Attorney Yagaloff - not all resolution require the Town ATtorney to draft. Resoluitons requiring expenditures, etc do not neeed to see. The Counciil Rules - All TC, TM or TA can subit items to the agenda. if you have any questions or concerns can send it over - complicated issue would need more time. Mirek - Generators - what is the life expectancy on new generators. 20 years - 7-8 years - warranties have to check don't think they go more then two years but have to look. can get information for you. Agenda Meeting - none of my Dashboard ? has been designed - will be for all issues. Paterna - concerned I will miss email - Delnicki - point is to get out as soon as possible and not have to wait fo rpacket - have enough time to vet issue. the nice part about getting themn as they come in you get a feel of what is happening. I would accept everything coming out on Wednesday - get a couple days before. Anwar - no decision has been made - Town rules are as they are. we have been told many times to follow the ruels Delnicki - I will offer a resolution amending the Council Rules. Wagner - Public Works - issue with the steps? Galligna - Clay did not like the way it has been done. that is a possibility .
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 Trail - aren't you ashamed - the only people who attend these meetings are people who have items on the agenda. Nothing has changed for 9 years. We have serious financial problems in town and town council has done nothing. I have asked for meeting on healthcare and pensions. We had a health meeting - 1.2M problem in WPCA - today there are 0 in reserves, where did that money go. Do not think anyone took anything from the budget but think ther is bad accounting.
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.]
none
19. Executive Session
none
20. Adjournment
Delncik, Pendleton 10:16 p.m. unanimous
Oct 06, 2014 Town Council Meeting
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1. Call Meeting to Order
7
2. Prayer: Nilofer Haider, Muslim Faith
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
proclamation was presented to Jeanette Porcello for being named the 2014 Young Woman
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.]
Lincoln Street,
James Throwe, Main Street - 1965 - no one wrote me any letters. we did not have all of the FOI rules and we had a 5-4 majority. We had this 3 minute rules and got out of here at 10 p.m. It was a lot of fun - we met at the High School Library - it was the business of the council t do the towns affairs. The appointment of a town attorney - I believe a small firm is the way to go. You get a big firm you get a lot of lawyers. in the past we had one person firms and they knew the town's business. Get busy and do the towns business which is taking care of roads, schools, etc.
Don Gonsalves , 40 Bayberry Trail - if I were the council I would be concerned with the lack of financial information. I have asked for one year and have not received any information. I am totally unsatisfied. I would not worry about getting sued regarding the charter I would be worried about getting sued about the financials. Water Pollution has 1M in their budget that no one can explain. very frustrated - bring this up time after time and this council does nothing such as the previous council. we have a 401K that is richer then the private, defined benefit plan which matt said 38% of payroll. why doesn't the council know what is happening with the finance office. who is doing the financi
Roy Normen - Homestead Drive - town attorney is a violation of the charter. Robinson and Cole opinion was prolonged until after Andy Paterna was appointed. Appears your appointment conflicted your code of ethics, etc. this has been made into a political issue.
Matthew Riley , 12 Heatherwood Drive - Town Attorney appointment. three issues that need to be addressed. violation of the Charter. you have two legal opinions - one says he can't accept the town attorney - the other says he can. you do not have a legal ruling. there has been a lot of discussion regareding elected or appointed. not shall accept employment by the town. should a council member be allowed to even apply. the possibility or the - if you do't believe that this minimkum might we a vioilation of the charter, you must have a case why this individual is appinted. there is no explanation why an individual with minimal experience is being appointed. need a firm that has experience to serve us well.
Cindy Beaulieu, 19 Cody Circle - can't believe were we have gotten to. Attorney Panico was verbally acosted when discussing 6320 Corporation. NOw the Council will take his advice on this issue. This issue is outside of his professional - if you disrespect this charter you disrespect the town. you were to find the most qualified and least expensive - that is not what we have sitting in the town attorney posiiton right now. when requested to get an opionon on the charter it took two weeks. There were communications betwen the now TA and the attorney requested to give an opinion. I am very bothered by what is going on. need to ask for a third opinion.
Mikr 606 Rye Street - it has come to my attention that the Board of Edcucation member has spoken against the EOC. the safety and security of our students, teachers, etc is very important. we should ensure that we - urge the council to protect the children first.
Kathy Daugherty, 12 Roy Road, - Chair of the Republic Town Committee - very concerned about this newspaper articles - the town has finanical issues thta need to be addressed. i would rather see money spent on roads, education. Somebody wanted to come and say that our charter is - found something - met with manager, mayor - these individuals knew about it before the republican team - issue is called the tm office to get a meeting and then brought Roy Normen - this turned political and not be me. I have been treated like this is a vendetta and it is not. I have referred clients to Keith. When I met with you I thought you would seek another opinion. response I got was to file a law suit. I have no interest in going any further. My republicans will follow the charter.
Carolyn Mirek - read 2 letters regarding the issue tonight (town attorney) and 1 on another issue that is not on the agenda tonight. Pete Lund, 91 Laurel Street (exhibit) Linc Streeter, Bramblebrae - speaking in opposition of the way the town attorney was selected. (get letter from Carolyn) Sept 16 - Mark Finer - (get letter from Carolynj) Anwar - have reached out to the BOE and Town Manager - We do not have direct impact on the independent groups. I have had meetings with the Park & Recreation. I think we are moving in the right direction. Thanked Ray for taking the leadership and for Matt trying to address this.
6. Environmental Health & Safety Message
Wagner - Vulnerable User Law took effect October 1st. over 10,000 bicyclists were killed between 2006-_______. The law establishes a 1,000 fine which is small to the person who may have been injured. Should go back to the Golden Rule - Do unto othrs as you would like done to you. Mirek - October is Breast Cancer Awareness This week is Latex Awareness Week - be aware of this condition Anwar - Latex Awareness - important that people have some type of identification - bracelet - most of hte facilities have moved away from using latex gloves but not all. Eboli - there is a lot of concern about this. Matt has already been working on this for what if's scenarios - protect the community. as a town we are already looking into it and have been into conversations.
7. Adoption of Minutes of Previous Meetings
Delnicki - Wagner unanimous
8. Public Petitions
none
9. Communications from Officers and Boards Directly Responsible to Council
none
8. Public Petitions
Ginny Macro, 1828 Main Street - thanked the Mayor and Tow Council for approving our application - Certified Local Government - gives us access to funds for preservation purposes. On behlaf of the Board of Wood Library - invite public and TC to open house to meet new Executive Director on October 18th
10. Reports from Standing Committees
Wagner - several exciting things going on with the Energy Committee - just approved by CT Green Bank for program called Solarize Connecticut. People can go on-line - more details will be discussed. Wagner - received Bright Ideas Grant of 10,000 - just beginning to have discussions how to spend. Nove 20 - Business owners will be invited to C-PACE Program Working Group - address the TM idea of a solar installation Anwar - award that we received very few towns have been able to get that.
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.]
Paterna, Pendleton, unanimous
13. Unfinished Business
A. Resolution Concerning the Appointment of the Law Office of Keith Yagaloff & Associates as Town Attorney
Havens, Wagner Havens - The appointment of Keith Yagaloff & Associates is legal - I believe what I have heard from Robinson & Cole's legal opinion. This has divided the community. I know there will be negative words but I hope not. Everyone has to work together. The outside counsel was promoted by the Republican side. Once we got it people did not agree with it. This has to end. Delnicki - for the record I am not a member of any Town Committee - thank everyone who talked to me about this issue - we ended up with two legal opinions. I honestly wish there was not any expartate communications. that cast a cloud over this. My concerns are twofold 1) violation of charter issues still remains, 2) concerns over the opinions being different. This is about the future of the town council, charter and community. Government should not be perceived - I will not be supporting tonights motion. Wagner - Important that we break these issues down. 1) personnel committee included Mayor, Wagner and Snyder - called five of these firms to be interviewed. the firms that were interviewed - personnel committee brought 3 selections to the Town Council. No recommendations was made but selections brought to the Town Council. Town Council discussed in Executive Session and voted and approved. Score cards were used that was drafted by the Human Resources Driector - based on the scores and further discussion - scoring is not the final selections. Yagaloff was approved because of his knowledge of the town's issues. In many ways I think the larger firms had strengths that the town could use but after thinking if over Yagaloff's firm was the best. Attorney Cummings stated that the council did not follow our rules. No one recognized it was an issue that night. there is a question of the priopriety of the appointment to the town charter - Attorney Cummings stated that Keith Yagaloff should not be appinted but he never mentioned the Law Office of Keith Yagaloff. Resignation shoudl have solved that issue. Votes today are sufficient now. Executive Session 8 councilors asked for an independent firm - Snyder - point of order - are you discussing things we talked about items talked about in Executive Session Wagner - we had discussions outside of executive session on this issue also. Galligan - I think the executive session personnel matter, financial matters - attorney client priviledge. Anwar - he will not talk about it. Wagner - we decided to seek an indepent opinion - Town Manager hired Robinson and Cole - the opinion was saying tht nothing was done wrong other then procedurally. letters from Yagaloff to Robinson and Cole was ok because he probably received correspndence from Rpublican Town Committee. I intend to support this appointment. Snyder - interesting that we have two opinions. The big issues I have is when we met and interviewed 6 firms of the 11. Aftr that meeting we discussed individual scoring without sharing it with eachother. after that we reviewed and did the RFP process - at the ned of the day when we discussed and unofficially 3 of us discussed that the highest scoring was Rome McGuigan, - two days later there was an agenda meeting and after the agenda meeting there was a change - when you look at the firms we had there were three that rose to the top Murtha Cullina, Keith Yagaloff and Assoicates, Rome McGrugen - it was decided to go with Yagaloff & Associates. I was surprised, July 7th Attorney Yagaloff was still seated as a Town Coucilor - none of us thought about the Town Charter - it just happened and we had to fix it. To me nothing is on scoring but we had talked about that we would hav eto contract out on two different issues. Experience was also considered. July 7th when approved incorrectly - Keith Yagaloff did not resign until 2 days later - timing was not all there. after Keith was apointed he came back up and finished the meeting. my concern is that I don't believe that Keith Yagaloff has the municipal experience. I prefer a firm and also answers to questions and discussions about political issues. Where is the line between the political affiilation and town attorney. Ethically it stinks and I think uncomfortable for others. To say it does not violate the town charter very uneasy with it. just concerned moving forward and concerned that ATtorney Yagaloff does not have enough municipal experience. Galligna - in the past - all of the attorney's if ther eis a conflict - we will get four or five firms and make a decision on a different firm. Snyder - when this came forward, Republicans were not made aware 10 minutes before. When we became aware of it, Matt Galligan said he would send to Robinson & Cole - Republican Town Committee did not pay for his fees. When that went out the information was shipped to Robinson & Cole. and there was a push to vote Andy Paterna onto the Council. There was a big rush to do that and then 3 or 4 days later opinion from Robinson & Cole came in. Galligan - don't want anyone to be bothered - ATtorney Panico did not know about any of those appointments. ATtorney Panico sent that out to Municipal Attorney in Robinson & Cole. Many times there have been a one month to get an opinion. Robinson and Cole has done legal work fo rSW for a long time. Do not want anyone thinking that Robinson & Cole has a financial interest - they represent many munciipalities. Robinson & Cole rendered that opinion 2 weeks ago. Republican Town Committee blamed the Town Manager - you asked for an opinion an dI got it and then blamed the Town Manager. I don't select the Town Attorney, RFP process - best attorney that you have based on quality - you need a Charter Revision because it was done in 1965 - employment - agreement between an employer and employee, etc. - IRS Rule - suggest that over the years policies have changed, need charter revision. There are a lot of things that need to be addressed. The opinion that was issued by Robinson & Cole is very clear. Mirek - clarify that Kathy Daugherty said there were was a lot of mistakes in the article. We had a discussion about the article and she said nothing about the TM or about a law suit. Also talked to people that have been in town for along time - this section reads the way it was meant to. Anwar - Snyder - are you questioning me - Anwar - other aspects that we have to look at - there are things - you have done this process for your workplace - worthwhile to know that ther was a qualitative and quanitative - wrong statements about ethics. the process is never going to be quantity along also quality. there was meeting with the committee was quantitative - we have had very good attorneys tht have represented us. Ro & Mcgrugen said they did not want to come to our meetings. Very important to come to the meetings. They have no idea about the past cases. Large firm attorney are only as good as the attorney, cost is much higher for the paralegal activity on the larger firm. we don't know about there response times, benefit from Keith Yagaloff who was a town couniclor. 1/3 less cost of previous attorney, hourly charges are 25% less then the previous attorney, he will be attending the council meetings for free and he is well resprected in twon. the score difference 88 to 87.5 - that was the quantitative and then we looked at qualitative.. expartae communications is with a judge or hearing officer. Mirek - I can't believe how you are going on and on about this. everyone knows who you are going to vote for. he is less expensive because he does not have as much experience. take offense how you are trying to make your point. we don't need ta at every meeting which is not in the contract. Paterna - seems like we are going on too long. it was a transparent process - seems like ta is necessary - to me it was transparent. this is slowing down the work of the council support keith yagaloff and associates. Yagaloff - clarify - want to let the council know do not take anything personally. Good attorney's put their clients first and formost. do not take things personally because it - discounted by rate to benefit the town. show my commitment to the town. my hourly rate is the same as Murtha Cullina - I am very proud of my practice. two attorneys practicing municipal law. Snyder - this is for the Town Counicl. Call the question - take the vote Yagaloff - the only comments by the public are the comments - always practice at the highest level. we do not engage in ---- conduct. Delnicki - we beat this horse to death. the buisness of the - call the question to have vote Delnicki - Snyder - call the vote 3-5 the questioned was not moved (more discussion) Pendleton - Thanked Robinson & Cole. I have sat here and listened to everyone- When you point a finger - we have been accused of many things - hearing political patronage - Attorney Cummings is Vernon Town Attorney (political patronage). 14 years of experience that Attorney Yagaloff has had with the town both professionally and as a volunteer. I am done with hearing about the politicalness of this whole thing. Gave definitiion of resign. I am tired of hearing about political this and that. in contract it states Keith yagaloff & Associates will not deal with any political matters in town. I will be voting in favor. we all know we can trust him, he cares about South Windsor. 5-3 1abstention
14. New Business
A. Resolution Accepting the Resignation of Andrew Paterna (D) from the Park & Recreation Commission
Paterna - recused himself Wagner, Pendleton Anwar - thanked him for his work that he has done. unanimous
* B. Resolution Appointing Joseph Durette (D) to the Board of Education and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* C. Resolution Reappointing James Murray (D) to the Economic Development Commission and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* D. Resolution Reappointing Joseph Kennedy (D) to the Economic Development Commission and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
* E. Resolution Appointing M. Atif Quraishi (D) an Alternate to the Water Pollution Control Authority and Postponing Consideration of this Motion until the Town Council's Next Regularly Scheduled Meeting
F. Resolution Authorizing the Town Attorney to Draft Explanatory Text for the Upcoming Referendum Regarding Various Road Paving and Drainage Improvements
Mirek, Pendleton unanimous
G. Resolution Approving the Transfer of $10,501.20 from the Contingency Account to the Registrar of Voters Budget
Pendleton, Delnicki - unanimous
H. Resolution Approving the Transfer of $2,500.00 from the Contingency Account to the Wood Memorial Library Grants and Contribution Account
Snyder, Delnicki Wagner - explanation Galligan - they keep our old records and do a lot to promote SW. they were supposed to get 10,000 - we have a contract - this is to bring their budget to the right amount. unanimous
I. Resolution Approving the Transfer of $127,376 from Various Accounts to Various General Fund Operating Budgets within the 2013/2014 Fiscal Year
Wagner, Pendleton Galligna - these clear out the accounts - the big one - Finance was Temp Finance Director - Auditors wiped that out. I can only take within a department budget - when wer rearrange accounts TC approval unanimous.
J. Resolution Approving the Transfer of $10,000.00 from the Contingency Account to the Collector of Revenue's Salary Budget
Delnicki - Wagner Galligna - this is a one time issue. Employee who has a family member who is very ill. another employee went in for surgery - this is a one time shot. we need to make sure they keep sending out notices. trying to help out employee the best we can. Delnicki - when are we goin gto go back to normal Galligan - come January individual can take another 12 weeks. working on that now. could take another month or so. Delnicki - the intent is once back to normal - will go back? yes Anwar - best wishes to the employee. unanimous
K. Resolution Approving a Refund of Taxes to Thirty-Eight (38) South Windsor Taxpayers
Paterna, Pendleton unanimous
L. Discussion Item: Public Building Maintenance and Oversight Committee
Pendleton - bringing this forward because the information in the communications from the Fire Department and sitting in Capital Projects our Facilities Manager, Clay Major brought to our attention that ther are a lot of public buildings that are not being met because of budgeting. structures are being compromised. Clay Major - the biggest issue is items that cost more then our operating budget. Do not have enough in operating budget to do everything tht needs to be done. Pendleton - front door of community center or front doors at Town Hall Clay - some things that are not being addressed - 10,000 item of the front doors at the Community Center Pendleton - what would be the best way to fix this Galligna - the Caital Projects Committee has to recommend to this Council. These are Capital Project items. The problem is when you hae so many uou can't get to all of the items. some communities have a caital items account. every year we underexpend budget - should take funds and use for these type of items. this could resolve some of th eissues. To add money to it. in May look to see how much money is left over and put the money into these type of items. Pendleton - think our Public buidlings should be taken care of. Penldeton - with the Fir eDepartment and items fixed. Fire Department is not under Public Buildings. Would like to come to an agreement that Fire Department maintenance be under the Town Hall, Public Building - very concerned that some of the firefighers are trying to fix these items. Delnicki - Matt do we really need another committee for this. Galligna - no but could pass a resolution saying Public Buildings handle all maintenance at all town buildings inlcuidng the Fire Department. Delnicki - HVAC at Compnay 3 - is there a preventive contract with the vendor. Deputy Chief Knipple - Delnicki - I have contracts for preventative and corrective maintenance. - do we do that presently? Knipple - no we have Delnicki - suggest having that type of contract. Knipple - station 1 and 2 there are no issues only station 3. Delnicki - need to properly fund preventative and corrective maintenance. need a service contract - would you take all of your maintenance dollars and give to the town. Knipple - Delnicki - makes sense to have money to preventative maintenance contract Knipple - valve last winter just all of a sudden gave way - never know when somehting is going to go. Delnicki - new system will tell you the problem. so would make sense to make sure you are budgeted correctly and put the funds from Fire Department ot the Public Building Department Chief - two years ago realized succession planning has been a problem for us. Shared SErvices - both have different contractors. Makes more sense to work together. Anwar - if there was a resolution at the next town council meeting - where the maintenance would be taken care of by the town Chief - without knowing the details can not say yes or no. our budget is strictly for services. costs would need to be known. there are a lot of details that need to be reviewed. Clay - we did not do a maintenance budget yet. since 2008 we have added four additional bildngs - impossible for us to take on more with what we have in our budget. Anwar - would it be more efficient? Clay - yes Anwar - more effective to invest in your department to increase the maintenance of additional buildings. Clay - yes Wagner - you have rolling equipment - are we talking bout that as well? Chief - large aparatus - small duty vehicles by the town but we are not talking about these items. Wagner - all fire aparatus and equipment is not going to be handled by the town. Snyder - instead of just jjumping into a resolution have everyone work out a process first or transition process. it is logical to put everything under the town but have concern about staffing. good idea but ther eneeds to be a transiition plan and that may take a little while. remember this when the budget comes up. Targt it for next fiscal year. In the long run much more logical to do, great move. Delnicki - who is the design engineer on company 3? Knipple - would have to look at it. Delnicki - who the engineer was who designed, construction manager Galligna - Cutter Enterprises was the construction manager Pendleton - good idea and positive step. I don't feel that the public building should be taken care of by the Fire Department. Chief - we have talked about this for one year Anwar - still not sure what the action is here. we have identified a problem and the solution is to increase the personnel - while this is happening - Galligan - we will sit down (Clay and Chief) and see what can happen in the time of transition. we will work with the current budget. Anwar - budget neutral? Galligna - right now - if you need an extra staff person - we have to evaluate everything. Knipple - when something is wrong I go look at it. Wagner - I would like to make sure we set a specific date. First meeting in December bring this item back. Paterna - taken ownership of new truck yet? Chief - yes but not here yet.
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.]
Matt - had call from Mr. Andre - dck hired him - Steven DeAngelo, Principal of dck - had meeting with Fuel Cell Energy CT STudios havens - I know you are doing the best you can with this project. Hard to believe we are still working on this. Still CT Studios Galligna - town has been in the position to do everything to make this happen. I think they are moving in the right direction but would like a development agreement to be signed. Havens - very difficult for anyone to believe this could happen. Really don't see it until I see it in my hand and who is really going ot believe it. Galligna - different corporation taking this over. Havens - good luck Galligna - I still have concerns about certain things. not costing the town money but cositng them money. Delnicki - it all sounds rosey but I will beieve it when I see it or when I see real foujndations and buildings goin gup. is there any idea of a time line Galligan - Dan and I are working on a contract. I have the same frustrations as the Town Counicl. need contract to bring to the counicl Delnicki - this contract will be voted on and discussed in open session? Galligna - yes Delnicki - when the land transfer occurred it happened when I did not belong to the Counicl. Can we get all documentation of what we received from the Galligna - will do through the Town Attorney. Delnicki - get that all to the counicl. Anwar - whenever someone hears CT Studios there is a perception that it is owned by the same individuals who started this. DCK is the owners at this time. once we do our due dliligence we are going to decide yes or no to go forward. Galligna - dck they have done their due diligence they have said they are going to go forward. they are working with the various state agencies. Galligan - issues are being raised with DECD - there may be changes. Anwar - the dck is moving forward. town is going ot make sure contracts is going ot be protected. the financial numbers willb e reviewed in executive session. Galligan - CCM Convention, Generators Generators Pendleton - Land Acquisition Microbrewery Agenda items Anwar - is it possible to make sure that Mr. Gonsalves meet with someone from WPCA Galligan - auditors should come in, WAgner, Gonsalves, myself and will meet. Anwar - financial end - there is a law suit so there is no comment. Delnciki - agenda meeting - you are right it is not in the rules - if you would like a resolution - hate when get packet on Friday and can't get information on Saturday or Sunday - suggest if a Coucilor sends and email in have council clerk send to the whole council. . Galligna - if you agree do not have a problem - don't want to get into situation where someone doesn't want anyone to know their informaion Delnicki - soothing some wounds on the Town counicl. Wagner - we all have to be disiplined - if we start gtting these email we have to be sure not to discuss. If we want something on the agenda that requires a resolution - is Monday enough time? Galligan - if Monday deadline could send it to Town Attorney Yagaloff - not all resolution require the Town ATtorney to draft. Resoluitons requiring expenditures, etc do not neeed to see. The Counciil Rules - All TC, TM or TA can subit items to the agenda. if you have any questions or concerns can send it over - complicated issue would need more time. Mirek - Generators - what is the life expectancy on new generators. 20 years - 7-8 years - warranties have to check don't think they go more then two years but have to look. can get information for you. Agenda Meeting - none of my Dashboard ? has been designed - will be for all issues. Paterna - concerned I will miss email - Delnicki - point is to get out as soon as possible and not have to wait fo rpacket - have enough time to vet issue. the nice part about getting themn as they come in you get a feel of what is happening. I would accept everything coming out on Wednesday - get a couple days before. Anwar - no decision has been made - Town rules are as they are. we have been told many times to follow the ruels Delnicki - I will offer a resolution amending the Council Rules. Wagner - Public Works - issue with the steps? Galligna - Clay did not like the way it has been done. that is a possibility .
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 Trail - aren't you ashamed - the only people who attend these meetings are people who have items on the agenda. Nothing has changed for 9 years. We have serious financial problems in town and town council has done nothing. I have asked for meeting on healthcare and pensions. We had a health meeting - 1.2M problem in WPCA - today there are 0 in reserves, where did that money go. Do not think anyone took anything from the budget but think ther is bad accounting.
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.]
none
19. Executive Session
none
20. Adjournment
Delncik, Pendleton 10:16 p.m. unanimous
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