TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 November 20, 2000
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Lassman Fisher
Deputy Mayor Havens
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Pelkey
Councillor Streeter
Councillor Williams
Members Absent: Councillor Fine
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
The Meeting was called to order by Mayor Lassman Fisher at 8:00 p.m., immediately recessed to continue the Work Session; and, following a 5-minute recess was reconvened at 8:40 p.m.
ITEM:
5. Public Input - None
6. Environmental Health & Safety Message
Councillor Pelkey reminded everyone that since the date was past November 15--the date after which there is a “parking on the street” ban. This practice cannot resume until after April 15.
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of October 2, 2000; Public Hearing of October 16, 2000; and Regular Meeting of October 16, 2000.
Was made by: Councillor Williams
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
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November 20, 2000
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Town Manager Matthew Galligan pointed out to the Council that they had before them two Resolutions seeking LoCIP funding. Explaining one of them, Mr. Galligan said that South Windsor, and probably 59 other communities, were unaware that in 1997 the law was changed for “underground fuel tanks,” from a tank 20 years old, down, to a tank 15 years old (or older) had to be removed.
During this period of time, according to the Town Manager, the Town was testing the tanks under the old law, and sending those results to the Department of Environmental Protection. Also, he said, that over the last four years, in the Town’s next year “Capital Program,” the Town had the $120,000 earmarked for the replacement of the two tanks at the Public Works Garage.
The DEP, he speculated, must have seen the Town’s reports and although the DEP said the tanks were fine, rather than notifying the Town, in writing, that they had to be removed because of the time limitations issued a violation notice and said the Town had 60 days to remove them.
Mr. Galligan said that he had originally thought South Windsor was the only Town involved; however, after speaking with other Town administrators, learned that the DEP is only now enforcing the law--therefore, the Town is now “switching” the order of its Capital Projects in order to meet the State’s mandate. Two (2) temporary tanks, according to the Town Manager, are on there way down from Maine to prevent a delay in operations (snow removal, etc.)
The second request for LoCIP Funds, the Town Manager reported, were for the “Thermal Imaging Cameras” for the South Windsor Volunteer Fire Department. He said there has already been “fund-raising” events to raise
MINUTES
ITEM:
10. (Continued)
money for these cameras; and the South Windsor Junior Women’s Club will be making a presentation to Council sometime in the near future. Also, according to Mr. Galligan, about $38,000 was budgeted in last year’s Budget over and above in the Contingency Fund. He felt that with the “donations,” Contingency Fund monies, and the LoCIP funds, the Town would be in a position to soon seek proposals on the purchase of four of these cameras.
Since the acquisition of these cameras was a “safety issue,” the Town Manager felt the process should move along.
Mr. Galligan then pointed out that the Town Council had before them this evening Resolutions seeking approval of three (3) separate “tax partnerships” with firms either already located in South Windsor, or seeking to locate in South Windsor. These firms, he said, are Carla’s Pasta Inc., Windsor Steel Corporation, and G&R Marine LLC.
The Town Manager said that the Capital Projects Committee again did not meet due to the Town Manager’s absence because of surgery; however, this meeting was being rescheduled. When the meeting is now held, Mr. Galligan said he would not only be presenting the “Capital” budget, but also an estimate on the Operating Budgets and Debt Service Budget.
Also provided to Council, Mr. Galligan pointed out, was a copy of the STP Urban Program and the criteria to be met in order to submit proposals for a share of the $16 Million for various road projects that are available through CRCOG. This, he said, was a competitive item. Also provided to Council was a list of areas that staff has already looked at; however, presentations will be made at a December Town Council meeting, together with the projects’ priority ratings.
Mr. Galligan informed the Council that the South Windsor Senior Center had received an “Honorable Mention Award from The Commission on Aging for the Center’s very successful program involving students from the Timothy Edwards Middle School and Seniors geared toward eliminating the “generation gap.”
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November 20, 2000
ITEM:
10. (Continued)
Regarding “economic developments,” Mr. Galligan stated that one of the Gerber buildings has been sold to Performance Wheel. The foreclosure on the Hi-G building, being handled by the Town Attorney, is moving along, according to the Town Manager; and some interest has been shown by other companies. He said the next step would be to get a firm in there to clean up the building and get it back on the tax roles.
Bus routes were the Town Manager’s next subject. He said the Mayor and he have had “numerous meetings” with Connecticut Transit; and there will be another meeting in December. At this December meeting, the Town Manager expected the bus company to provide suggestions on how their routes might be modified to lower their impact on certain neighborhoods (specifically Governor’s Highway), and to provide a service not only to the business community, but also to the residents of South Windsor.
On another matter, Mr. Galligan reported that he had been working with the Developers who bought the “Catholic Cemetery Association” property on Buckland Road--esp. with regard to sewers, wetlands, etc. The Town staff, he said, has been working with these developers. He hoped that, shortly, the Developer’s “concept plan” would be going before the Town’s Planning and Zoning Commission.
Mr. Galligan then referred to a letter that he and the Mayor had received, today, from the Chairman of South Windsor’s Board of Education regarding the Contract between the Board of Education and its “administrators.” The Contract, he continued, has been filed with the Town Clerk--thus allowing 30-45 days to either reject or accept that Contract. If nothing is done, he pointed out, it means the contract is acceptable to the Town Council. He felt the Council might wish to review the terms of that Contract and; if acceptable, do nothing. If they wished, however, to reject it, they must notify the Board of Education.
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ITEM:
10. (Continued)
Mr. Galligan reported that, unexpectedly, he had an opportunity to speak with an official from American Freight, and had learned that not only had “American Freight” been bought out by Federal Express who liked the facility here in South Windsor as well as dealing with officials from South Windsor. Although the bulk of the company’s operation would remain in Windsor, having made major upgrades to the South Windsor facility, they would keep this facility and use it for their “city, or local” traffic.
Mr. Galligan stated that the facility would have “limited use,” and would not be open 24 hours. Under normal conditions, it would probably open at 6 or 7 in the morning, and close at 7 or 8 at night. However, under special circumstances and when it became necessary, the earliest the facility would be in operation would be 5:30 a.m., and the latest (with an occasional truck) would be 9:00 p.m.
The last item the Town Manager said he felt he had to address was this evening’s earlier presentation by Arthur Bisson, Executive Director of the South Windsor Chamber of Commerce. Mr. Galligan said he and Economic Development Coordinator Denise Whitford have been trying to work with Mr. Bisson to coordinate some of these ceremonies as to how they should be done--i.e., in a more professional manner, etc.
Therefore he was, he stated, very surprised that these two events were already before the Council since neither he, nor Ms. Whitford, had “O.K’d.” them. Again, the Town Manager felt that there had been an understanding between the Chamber and the Town Manager and Ms. Whitford to “work on that.”
Mr. Galligan pointed out that the expenses involved for these “social” events were shared by the Chamber and the Town; and he would be in contact with Mr. Bisson tomorrow to ascertain why these announcements had not been run by him prior to their presentation to the Town Council.
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November 20, 2000
ITEM:
10. (Continued)
Deputy Mayor Havens asked the Town Manager to “brief” him once again on what happens “after we foreclose on Hi-G.”
Mr. Galligan replied that the Town has had a meeting with State representatives from the Department of Environmental Protection--with a look toward receiving a Grant from the Environmental Protection Agency whereby a company will go in and do an environmental survey of the site, and provide the Town with a report. This report, he said, will determine if there is an environmental issue at this location. If there is, he said, the Town would continue to work with the DEP to determine if the Town might receive a 2% Grant Program, or another outright Grant, for the “clean-up.”
There is a company interested in purchasing the Hi-G facility; however, there remained “some legal issues” to be handled by the Town Attorney. Also, according to the Town Manager, there are certain “law dates,” where people have a right to pay up the full amount of taxes. If this were to occur, he said, it would take the Town out of the picture. This could possibly happen, he continued, by someone like General Electric, or someone with a vested interest in this company.
The Town’s primary aim, he said, was to get the property back on the tax roles; get another company interested in the facility--and, then, later on negotiate a “legal right” or lien on the property.
The Deputy Mayor said that the specific question he had was--Does the Town really want to own that property before it has a guarantee that the pollution can be cleaned up. According to DEP, the Town Manager said, the Town could obtain a Grant right now because, under their Regulations and because the Town has a “tax lien” on the property, the DEP considers the Town to have a position in the property.
Mr. Galligan said he had asked the DEP what would happen if, at some point, the Town is removed from that position; and DEP had stated that the Grant would be held and the next person taking over that position could have access to the Grant for clean-up.
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November 20, 2000
ITEM:
10. (Continued)
Deputy Mayor Havens then said that he assumed that “the bottom line” was that the Town, in no case, would the Town own this property outright before it is cleaned up. Again, he sought clarification that the State would fund this clean-up and the Town would then have a “clean piece of property.” Mr. Galligan said that, at the present time, it is “kind of been guaranteed to us there will be an outright Grant for the survey.” Again, the Deputy Mayor asked if the funding was “guaranteed;” and, again, the Town Manager said the Grant is guaranteed “once the survey is done.”
Atty. Guliano asked for the opportunity to ease the Deputy Mayor’s concerns. The Town Attorney said the procedure is going forward; however, he wished the Deputy Mayor to know that the Town does not take title to the property until the very end of these proceedings; and a definitive plan from the DEP could be in place by that time. If the proceedings were not satisfactory in terms of the guarantees, the Town had the right to “pull the plug,” and would not take title.
Referring to the freight company previously mentioned by the Town Manager, Deputy Mayor Havens asked what facility they were moving into. Mr. Galligan answered that it was going into the old Preston Trucking on Strong Road.
Turning to the Director of Public Works, Michael Gantick, Deputy Mayor Havens asked about the two replacement fuel tanks coming down from Maine--what purpose they would serve; and were they temporary or permanent. Mr. Gantick replied that they are temporary 1,000 gallon tanks, costing about $9,800 for two of them.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
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November 20, 2000
ITEM:
13. Communications and Petitions from Council
Deputy Mayor Havens said he had one other item--and that is the poor transmission of the Town Council Meetings by Cox Cable--including the quality of the picture and audio transmission, etc. He asked that someone present this evening, either from Cox or Town staff, explain why “we just can’t get this right.” Mr. Galligan replied that it seemed to be working O.K. this evening--that he had just checked on an in-house TV.
New wiring is required, according to the Town Manager, because the Town Hall wiring and that of Cox Cable is not compatible. Mr. Galligan said that Cox Cable was recently at the Town Hall and several tests were conducted--after which Cox Cable personnel made several suggestions.
The Deputy Mayor asked that whatever rewiring necessary be done soon. He likened not getting the broadcast of the Town Council meetings to that of not receiving your daily newspaper. He said “people watch it; please get it working.”
Councillor Delnicki, also speaking to the poor TV transmission of the Council meetings, and the compilation of specifications for a competitive bid for equipment to rectify the situation, reminded the Town Manager that if he had something in mind that would certainly do the job correctly, he could come before Council and ask that competitive bidding procedure be waived. The Town Manager said he would be more than happy to do that. However, the Councillor felt this was an effort on the part of the Town to properly serve the residents of the Town.
Councillor Delnicki then asked for time to remember the passing of a former and long-time resident of South Windsor, and a “war hero,” John Leventow--a Congressional Medal of Honor recipient who had passed away on November 8. The Councillor then read an article regarding Mr. Leventow’s heroic deed.
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November 20, 2000
ITEM:
13. (Continued)
Councillor Pelkey then filled the listening audience in on MetroHartford’s Veterans’ Day Parade, in which several Councillor’s had participated. He stated that it was the general feeling that the Parade was a great success even though the weather was not very good. Following the participation in this Parade, the South Windsor contingent gathered at Veterans’ Memorial Park for the Town’s local commemoration.
Mayor Lassman Fisher, too, added to the positive opinion regarding the MetroHartford Parade. She then thanked the Members of the Patriotic Commission, particularly Robert Moeller and Terri Kyc, for their hard work in organizing the South Windsor representatives to the Parade.
The Mayor then mentioned her and Deputy Mayor Havens’ attendance at an “Eagle Scout Award” ceremony for Aaron Budnick a 15-year old Boy Scout who’s Eagle Scout project was involved with the Town’s newly acquired Open Space property known as the “Barton Property.”
At this time, Councillor Pelkey moved to bring Agenda Item 17. E, a Resolution Approving a Tax Partnership with Carla’s Pasta, Inc. forward to this point in the proceedings. The Motion was duly seconded, and approved unanimously.
Town Attorney Guliano asked that before the Resolution was read, Council note an Amended Resolution that had been passed out this evening. He noted that the amendments were minor and asked that the Councillor reading the Resolution include these amendments.
E. Resolution Approving a Tax Partnership with Carla’s Pasta, Inc.
WHEREAS, Section 12-65b of the Connecticut General Statutes provides that the Town may reduce the assessment of real property values resulting from additional or new construction of businesses meeting certain criteria described in the Statute; and
(Resolution Continued on Next Page)
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November 20, 2000
ITEM:
17. E. (Continued)
WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
WHEREAS, Section 12-65h further provides that the Town may reduce the assessment of the personal property located at a manufacturing facility; and
WHEREAS, Section 12-81(72) further provides for a five-year 100% property tax exemption for certain manufacturing machinery and equipment, which taxes are reimbursed to the Town by the State; and
WHEREAS, Suri Realty, LLC, an entity owned and/or controlled by the Squatrito family, plans to construct a manufacturing facility in South Windsor; and
WHEREAS, Carla’s Pasta, Inc., the President of which is Carla Squatrito, will be the tenant of said manufacturing facility and the owner and/or lessee of the Personal Property used in its manufacturing facility; and
WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program and statutes, that a tax assessment agreement be offered to Suri Realty, LLC and Carla’s Pasta, Inc.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax partnership between the Town of South Windsor and Suri Realty, LLC and Carla’s Pasta, Inc. on the estimated assessment of a new 46,500 square foot building to be
(Resolution Continued on Next Page)
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Regular Meeting - Town Council
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November 20, 2000
ITEM:
17. E. (Continued)
constructed on Lot #3 located at Constitution Landing and the Personal Property of the business as follows: Reducing the assessment on the improvements to the Real Property, estimated at $2,522,160, and on any and all of the Personal Property, estimated at $4,300,000 at inception with a possible additional $650,000 in 2002, by 100% for a period of seven (7) years, commencing with the Grand List following the date of the Certificate of Occupancy, or when the proposed Personal Property is placed in operation, but in no event later than December 31, 2002, with the State of Connecticut reimbursing the Town for 100% of the taxes on that portion of the Personal Property that qualifies for reimbursement for a period of five (5) years; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers Suri Realty, LLC and Carla’s Pasta, Inc. this Tax Assessment Agreement provided the business shall satisfy the following conditions:
Suri Realty LLC and Carla’s Pasta, Inc. shall enter into an Agreement with the developer of the site whereby some of the tax savings being provided to Suri Realty, LLC and Carla’s Pasta, Inc. will be passed through to the developer to reimburse the developer for certain eligible construction costs in accordance with the Town’s Economic Development Incentive Program; and
Actual real estate improvement costs and Personal Property purchases, or leases, by Carla’s Pasta, Inc. will be at least 75% of the amounts estimated herein, but not including the possible additional $760,000 Personal Property in 2002;
Suri Realty, LLC and Carla’s Pasta, Inc. or their successors, shall remain in operation at the South Windsor facility for at least fifteen (15) years from the date of Certificate of Occupancy of the new facility;
(Resolution Continued on Next Page)
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November 20, 2000
ITEM:
17. E. (Continued)
Suri Realty, LLC and Carla’s Pasta, Inc., or their successors, shall maintain Connecticut-based employees at a minimum of 90% of their current number of employees, which is 75. The calculation for such number of employees shall be the average number of employees on the first day of each month in any given year; and
If Suri Realty, LLC and Carla’s Pasta, Inc., or their successors, do not satisfy the above conditions, at the option of the Town, they shall be obligated to reimburse the Town for an amount equal to all of the tax rebates received as set out above, minus any tax reimbursements to the Town pursuant to the State of Connecticut Manufacturing Assistance Program, or any tax reimbursement passed through to the developer, Hale Realty LLC by Suri Realty, LLC or Carla’s Pasta, Inc.
Was made by: Councillor Pelkey
Seconded by: Councillor Delnicki
Before a vote was taken on this Resolution, a very lengthy discussion ensued during which Economic Development Coordinator Denise Whitford referred the Councillors to the “amended” Preliminary Estimates (dated 11/07/2000revised); and provided to Council this evening by Town Assessor Charles Danna (see attached Exhibit B).
Town Attorney Guliano explained that the former estimates distributed at the November 4 Town Council meeting contained figures that were incorrect. These figures, he stated, have now been corrected and reflect estimates of what the Town would be receiving, and what the Town would be giving up were this Resolution granting a tax partnership to Suri Realty, LLC and Carla’s Pasta, Inc.
Mayor Lassman Fisher then asked Town Manager Matthew Galligan to please summarize. Mr. Galligan then went over the “bottom line” numbers with the Councillors. He explained that if nothing was done with this property and it remained in the same condition it has for over the past 20 years, the Town would receive, in taxes, for the same 7-year period $18,515.
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November 20, 2000
ITEM:
17. E. (Continued)
Pointing out that lack of sewers in the area seemed to be the big problem in wooing developers to this location. However, he continued, if the Council approved this proposal, the Town over these same seven (7) years would net $440,096 in taxes. This figure, he continued, does not include the company’s equipment that is currently in Manchester; nor does it include, per the Assessor, another approximately $40,000 in personal property that is not included in the $440,096 figure--were this to be added the total tax figure would be closer to $480,000 (+/-).
According to the Town Manager, another plus were this proposal to be approved is that it would open up eight (8) other lots to development because of the installation of sewers and other utilities. Also, he said, there is an agreement between the company and the landowner to “pass through” some of the taxes to the landowner for putting in the sewers. Since this proposal has been discussed, Mr. Galligan reported that two other companies have expressed an interest in locating in this area if the sewers, etc., are installed.
What is “key” in this agreement, the Town Manager felt, was the requirement that the company remain in South Windsor for 15 years. Looking at year “8,” Mr. Galligan pointed out, the net benefit would be $120,000 a year for the next seven years--or close to $800,000; and with the $440,096 the Town would be looking at close to $1.2 million coming forth.
In closing, Mr. Galligan pointed out that the company has looked at the possibility of expanding its facility in Manchester, or relocating to East Hartford. Mr. Galligan recommended that the Town Council approve this proposal.
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November 20, 2000
ITEM:
17. E. (Continued)
There followed a question and answer period during which Councillor Delnicki asked, for clarification and for the record, if this would be setting a precedent with regard to how the Town would treat “the other nine lots” in this location. Atty. Guliano replied it would absolutely not; and he felt it had been made very clear for the record that it was the “uniqueness” and significance of this property being the first one in which obviously brings the sewers in; and because of the size of the investment being made by Carla’s Pasta, Inc..
Councillor Delnicki then asked, for the record, if this set a precedent for “any other deals in Town,” or were they to be considered on a case-by-case basis? Atty. Guliano said they would be considered “case by case.”
Following a question from Councillor Streeter regarding the phrase “or its successors,” Atty. Guliano explained that as long as the business remained essentially the “same type of business at the same levels,” that is what the Town is interested in rather than the actual make-up of ownership.
Councillor Aman agreed with the premise that the Town would be receiving more revenue on a piece of land it is currently getting very little money; and he credited the Town Manager and staff with doing exactly what Council had told them to do--went aggressively after new business to increase the Town’s tax revenue. Continuing, the Councillor stated he also felt that Carla’s Pasta, Inc., too, had done what any good business does--and that is to negotiate the best deal possible; and the developer, Hale Realty, had done what any good developer will do--get someone else to pay for his infrastructure improvements.
Councillor Aman said, however, that his overall feeling on this proposal is that he didn’t think the net gain justified a company receiving “seven years of no taxes.” Saying he understood why the program is coming forward, he wished Carla’s Pasta, Inc. “the very best and hoped they would be extremely successful here in South Windsor.
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ITEM:
17. E. (Continued)
Mayor Lassman Fisher then called for a vote on the Resolution. It was approved 7 Ayes to 1 Nay on a Roll Call vote, as follows:
Councillor Aman No
Deputy Mayor Havens Yes
Councillor Burnham Yes
Councillor Pelkey Yes
Councillor Delnicki Yes
Councillor Williams Yes
Councillor Streeter Yes
Mayor Lassman Fisher Yes
Councillor Pelkey then made a Motion to move Agenda Items 17. F. and G. up for action at this time. Councillor Delnicki seconded the Motion; and it was approved, unanimously.
F. Resolution Approving a Tax Partnership with Windsor Steel Corporation
WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to Windsor Steel Corporation;
(Resolution Continued on Next Page
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ITEM:
17. F. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax partnership between the Town and Windsor Steel Corporation reducing the amount of the assessment of improvements to the real property, which amounts to $606,450, by 50% for a period of three (3) years, so that the assessed value of improvements to the real property shall be $303,225 for a period of three (3) years, commencing with the Grand List following the date of the Certificate of Occupancy; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers Windsor Steel Corporation this Tax Assessment Agreement provided the business shall (1) meet the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities at a minimum of current levels during this ten-year period; and if it fails to meet these conditions, the Company agrees to pay back to the Town of South Windsor all of the tax reductions described herein which the Company has received.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
G. Resolution Approving a Tax Partnership with G&R Marine LLC
WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and
(Resolution Continued on Next Page)
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ITEM:
17. G. (Continued)
WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to G&R Marine LLC;
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax partnership between the Town and G&R Marine LLC reducing the amount of the assessment of improvements to the real property, which amounts to $57,520 by 50% for a period of three (3) years, so that the assessed value of improvements to the real property shall be $28,760 for a period of three (3), commencing with the Grand List following the date of the Certificate of Occupancy; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers G&R Marine LLC this Tax Assessment Agreement provided the business shall (1) meet the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities at a minimum of current levels during this ten-year period; and if it fails to meet these conditions, the Company agrees to pay back to the Town of South Windsor all of the tax reductions described herein which the Company has received.
Was made by: Councillor Williams
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
The Council then returned to Agenda Item 14. Public Participation.
14. Public Participation - None
15. Consent Agenda - None
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November 20, 2000
ITEM:
16. Unfinished Business
A. Update on Economic Development
Town Manager Galligan said that those items had already been addressed in his Town Manager’s Report.
17. New Business
A. Resolution Approving a Tax Refund to Eighteen (18) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to eighteen (18) South Windsor taxpayers, as listed on attached Exhibit A.
Was made by: Councillor Delnicki
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
B. Resolution Setting a Time and Place for a Public Hearing Regarding the Appropriation of $40,000 of LoCIP Funds for the Purchase of Thermal Imaging Cameras
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 4, 2000, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $40,000 of LoCIP Funds for the purchase of Thermal Imaging Cameras.
Was made by: Councillor Delnicki
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
C. Resolution Setting a Time and Place for a Public Hearing Regarding the Appropriation of $120,000 for Removal of Underground Fuel Storage Tanks at Town Garage--$40,000 from Capital Projects Account, and $80,000 from LoCIP Funds
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, December 4, 2000, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $120,000 for removal of underground fuel storage tanks at Town Garage--$40,000 from Capital Projects Account, and $80,000 from LoCIP Funds.
Was made by: Councillor Delnicki
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
D. Resolution Approving the Transfer of $40,000 from the Web Site Development Capital Project to the Underground Storage Tank Capital Project
WHEREAS, the State of Connecticut Department of Environmental Protection is requiring the immediate removal of the underground fuel storage tanks located at the Town Garage; and
WHEREAS, the estimated cost of the project is $120,000; and
WHEREAS, the Town plans to use $80,000 of Local Capital Improvement (LoCIP) funds for this project and fund the remaining cost with funds budgeted for the Web Site Development project
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $40,000 from the Web Site Development Project, Account Number 004-4000-4070-320, to the Underground Fuel Storage Tank Project, Account Number 004-4000-4052-320, for the replacement of said tanks located at the Town Garage.
Was made by: Councillor Pelkey
Seconded by: Councillor Williams
The Motion was: Approved, unanimously
Agenda Items 17. E., F., and G. previously acted upon.
H. Resolution Referring VMP Renovations, Repairs, and Improvements Project to Planning & Zoning Commission for their Review According to State Statute Section 8-24
WHEREAS, the ballot for the election held on November 7, 2000, included the following local Referendum Question: “Shall the $3,100,000 Appropriation and Bond Authorization for Renovations Repairs, and Improvements to Veterans’ Memorial Park Pool be Approved?” and,
WHEREAS, said Referendum Question was approved by a majority of voters; and
WHEREAS, following such approval, said renovations, repairs, and improvements to Veterans’ Memorial Park Pool have been scheduled to commence sometime in late Summer of 2001; and
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
WHEREAS, prior to commencement of these renovations, repairs, and improvements, Section 8-24 of the Connecticut General Statutes requires that the proposal must be referred to the South Windsor Planning and Zoning Commission for its review and report;
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby submits said proposal entitled “Renovations, Repairs, and Improvements to Veterans’ Memorial Park Pool,” prepared by Bargmann Hendrie & Archetype, Inc., to the South Windsor Planning & Zoning Commission for their review and report, pursuant to Section 8-24 of the Connecticut General Statutes.
Was made by: Councillor Burnham
Seconded by: Councillor Pelkey
Deputy Mayor Havens asked the Director of Public Works what the next step would be now that the voters had approved this project. Mr. Gantick answered that the Town would probably go out to bid in April or May of 2001; open the bids in June; and the actual construction would start as soon as the pool closed at the end of August. Continuing, Mr. Gantick said the “final design” remained to be done; and the Town still had to go before Planning and Zoning, Inland-Wetlands, Architectural Review Board, and the Water Pollution Control Authority for local approvals.
The Deputy Mayor then asked if the Director thought the project would be completed by the Summer of 2002. Mr. Gantick replied that the Architect was confident it will be; however, he added, the weather would play an important part in its scheduled start and completion.
The Mayor then called for a vote on the Motion. It was approved, unanimously.
ITEM:
17. New Business (Continued)
I. Resolution Approving a Pay Increase for the Registrars of Voters
WHEREAS, the Registrars of Voters are elected positions, serving a four-year term; and
WHEREAS, the Registrars of Voters rate of compensation is, by State Statute, to be paid by the municipality
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby stipulates that the annual compensation for the Registrars of Voters shall be $22,198, each, effective January 1, 2001 through December 31, 2001; and shall increase to $23,086, each, effective January 1, 2002 through December 31, 2002.
Was made by: Deputy Mayor Havens
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
J. Resolution Authorizing the Town Manager to Execute a Cooperative Letter of Agreement for the Joint Purchase of Development Rights between the State of Connecticut and the Town of South Windsor
WHEREAS, the State of Connecticut Department of Agriculture has a program known as the Farmland Preservation Program, which allows for the State to acquire development rights to farmlands jointly with municipalities, where farmland preservation is a goal in the municipality’s Plan of Conservation and Development, and the municipality has established a program fund for such purposes; and
WHEREAS, the Town of South Windsor has such a goal and a program fund for such purposes; and
(Resolution Continued on Next Page)
ITEM:
17. J. (Continued)
WHEREAS, the Department of Agriculture has received an application to the Farmland Preservation Program on eighty (80) plus or minus acres of the Foster Dairy Farm owned by Water G. Foster and the Estate of Evelyn L. Foster, which farm is located at 90 Foster Street; and
WHEREAS, the Program’s procedure requires that the State and municipality enter into a Cooperative Letter of Agreement for the Joint Purchase of Development Rights prior to the State’s appraisal of the value of the development rights and a determination of the maximum contribution toward the purchase price to be made by the State; and
WHEREAS, after said determination of value and maximum contribution by the State, but prior to purchase, the municipality and the State need to enter into a second agreement, known as a Joint Agreement to Purchase Development Rights between the State and Town, by which time the Town of South Windsor’s share of the purchase price would be known; and
WHEREAS, under the Program’s procedures, the municipality is not bound to purchase the development rights until it has authorized and executed this second agreement.
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute the Cooperative Letter of Agreement for the Joint Purchase of Development Rights between the State of Connecticut, Department of Agriculture and the Town of South Windsor, and to proceed according to that Agreement on behalf of the Town. This Resolution is adopted based upon the understanding that the Town still has the authority to refuse to enter into the subsequent Joint Agreement to Purchase the Development Rights if it decides that it does not wish to go forward with the purchase.
Was made by: Councillor Streeter
Seconded by: Councillor Delnicki
ITEM:
17. J. (Continued)
Councillor Aman asked the Town Manager how long after the State tells us how much money we have to come up with do we have to come up with the money under this particular program. Mr. Galligan replied that this is something that would go back to Council--that all this Agreement actually does is state that the Town Manager is the “authorized person” to negotiate on behalf of the Town.
The Town Manager reminded Council that the State is only going to give the Town 45% of the Development Rights up to $400,000; so, depending upon what the price comes in at, the Town may not want to do it at all. He might go back to Council and recommend they not move forward on this. He said that’s where the second agreement comes in; and, with it, the information regarding purchase price, etc.
This agreement, the Town Manager added, only states that the Town and the State would work on it together.
Councillor Aman did ask the Town Manager to get back to him after the Town knows the purchase price and is aware of how long it has to “come up with the money.” He wanted to receive this information as soon as it was available.
Atty. Guliano said there was “no set thing--that, essentially, a closing would be set just like the sale or purchase of property. For further clarification, Atty. Guliano explained that this agreement certifies that the Town has met the conditions; that it does have its purchase as a goal; and that the Town does have a fund available; and the appraisals on the property were available.
Continuing, he said it would be at that point the Town would know what the value of those Development Rights were; and the Town would know what amount the State was willing to contribute. If, at that time, the Town Council decided to sign the second agreement, it would be set up just like the negotiation of an Open Space parcel, with the setting of a “closing date” that was agreeable to everyone. The funds, he said, would have to be available at that point.
ITEM:
17. J. (Continued)
Atty. Guliano reiterated that there was nothing in the Statute that said the Town’s money would have to be within 90 days, etc.
Town Manager Matthew Galligan said that another thing the Council should be aware of is that the Open Space Task Force, and SWALPAC, have both sent letters of endorsement of this program. He further understood that this program was eligible for monies from the Town’s Open Space Fund.
Atty. Guliano then distributed to the Town Council a copy of a letter from the State clarifying the fact that the Town was not committing to enter into the actual final agreement by passing the Resolution today. The Town Attorney then distributed the letter received from the Director of the program indicating that the Town is not bound to enter into that second agreement--and thus not bound to actually purchase the property.
The Mayor then called for a vote on this Resolution. It was approved, unanimously.
K. Resolution Appointing Peter DeMallie to the Greater Hartford Tourism District for a Term Ending September 1, 2003, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Peter DeMallie as its Representative to the Greater Hartford Tourism District for a term ending September 1, 2003, and hereby tables the same.
Was made by: Councillor Williams
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
MINUTES
Regular Meeting - Town Council
Page 26
November 20, 2000
ITEM:
19. Communications and Petitions from Council (Continued)
Deputy Mayor Havens thanked the Cox Cable volunteers who were present this evening, and manning the cameras.
Councillor Pelkey, referring to the purchase of the Gerber building by Performance Wheel, stated that in spite of his “early tip-off” that this Company was looking for a site in South Windsor, and his contacting the Town’s Economic Development Coordinator, Denise Whitford, Denise already knew about it and was working on it. He commended her for being on top of the situation, and following through with it.
20. Executive Session
21. Motion to Adjourn
A Motion was made at 10:15 p.m. to adjourn the meeting. The motion was duly seconded, and approved unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (2)
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