TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 May 7, 2001
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
Members Present: Mayor Lassman Fisher
Councillor Aman
Councillor Burnham
Councillor Delnicki
Councillor Fine
Councillor Pelkey
Councillor Streeter
Councillor Williams
Members Absent: Deputy Mayor Havens
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Prior to calling the meeting to order, Mayor Lassman Fisher presented 45 Certificates of Recognition to South Windsor High School athletes, coaches and assistant coaches. Proclamations were also presented to athletes Kadee Bramley and Andre Reid. A check was then presented to Cheney Technical High School for “Project Graduation – Class of 2001.”
The Meeting was called to order by Mayor Lassman Fisher at 8:45 p.m.
ITEM:
5. Public Input
Raymond DeMaio, 663 Deming Street, asked that the Council fund the Master Plan for Recreation.
Arthur Bisson, Executive Director of the Chamber of Commerce, provided an update of Chamber activities.
6. Environmental Health & Safety Message
Councillor Williams noted that this is “National Nurses Week.”
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At this point in the meeting, Councillor Delnicki made a motion to move Item 17.C. forward. The motion was seconded by Councillor Pelkey and was unanimously approved.
17. C. Discussion Item – Update on “West Nile Virus”
Dr. Gerald Schwartz, South Windsor Health Director, stated that the Town will be dealing with this virus for years to come, and it is expected to spread to other birds in the crow family. It is not expected to be an overwhelming problem, nor are dramatic changes expected from previous years in our approach to the problem. Last year, of all the specimen that were submitted in the State, not one tested positive for West Nile Virus; they all had other causes. There was one individual in the State who had mild headaches and tested positive for the virus. In other states, there were severely affected individuals, as well as some deaths. Dr. Schwartz stated that there will be some monitoring of birds and mosquitoes in South Windsor through the Town and State levels.
When asked if there would be any spraying, Dr. Schwartz said that spraying was not anticipated. There would be a treatment of catch basins with granular material. He explained that this is far different than spraying and is an environmentally safe project, which will only affect the mosquito larvae. They will also be looking at local standing bodies of water in South Windsor, any of which are on Town property, with the possibility of treating these with the same granular material.
Dr. Schwartz said that the dry weather this spring had kept the mosquito population down. He said West Nile Virus, when it does show itself, won’t be a problem for humans until the middle or the end of the summer.
Mr. Galligan said that $23,000 had been put in the budget for next year for the larvae control applications, and there may be some money coming from the DEP.
Bob Deptula, the Town’s Sanitarian, explained that information has been placed in all Town buildings and also on the Town website. If residents should find a dead crow, they should call Mr. Deptula or the Animal Control Officer at the Police Department. In order for it to be tested, the crow should be in good physical condition. If the crows are picked up,
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17. C. (Continued)
they should not come in contact with skin; a “double baggie” method should be used--placing your hand inside a plastic bag and then wrapping it around the bird.
When asked about trapping, Mr. Deptula stated that the DEP will have a mosquito trap set up in the Pierce Road/Strong Road area.
Concerning the issue of spraying, Mayor Lassman Fisher asked the difference between South Windsor and those areas where they are spraying. According to Mr. Deptula, the areas where spraying is taking place are those where there have been positive pools of insects showing West Nile Virus. The State has set up a four-level response:
Level 1 - the isolation of a positive crow.
Level 2 - a certain number of mosquito pools and crows in any given area.
Level 3 – an isolated human case.
In the above instances, spraying would then be considered by the State, with the consent of the Town authorities.
Level 4 - more than one human case and the Commissioner of Health and the Governor would declare an emergency situation. In this case, the State would insist on spraying in that given area.
Mr. Deptula emphasized that spraying will be an absolute last resort if there is thought to be an imminent health hazard. He said a good larvicide program would curtail the need for any spraying program. When asked if the larvicide program had begun as yet, Mr. Deptula said that the particular mosquito of concern does not start breeding in catch basins and other standing bodies of water until the beginning of June, and the program will begin at that time. During warm weather, the eggs need 7 to 10 days to hatch. When the water is cooler, like it is now, it takes longer.
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17. C. (Continued)
With regard to homeowners who have standing water on their property, there was a product available last year, known as “dunks”, available in hardware stores, home improvement centers, etc. He recommended eliminating standing water if at all possible.
Dr. Schwartz stated that it takes approximately one week from the time a bird is bagged until the results are known.
7. Adoption of Minutes of Previous Meetings
Motion to adopt the Minutes of the following Town Council Meetings: Regular Meeting of March 12, 2001; Action Minutes of March 19, 2001; Work Session of March 26, 2001; and Regular Meeting of April 2, 2001.
Made by: Councillor Fine
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
8. Public Petitions – None
9. Communications from Officers and Boards Directly Responsible to Council
Bob Mueller, of the Patriotic Commission, reported on the following items: Plans for the Armed Forces Day picnic have been finalized and the festivities will occur on May 19th.
Memorial Day Parade plans are in the works and are moving along nicely.
Essays from the essay contest are currently being reviewed. In past years there were normally 25 to 30 submissions; this year there were 202. The topic this year is “What is a Veteran.”
Councillor Burnham made a motion to move Items 17. E. through 17. H. forward. The motion was duly seconded and was unanimously approved.
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17. E. Discussion Item – Driveway Easement for Edward and Susan Kasheta over Town Road Stub on Gorski Drive.
The Town Attorney explained that the Kashetas have property that is currently landlocked, but would be off of Gorski Drive once Gorski Drive is accepted by the Town. Gorski Drive currently ends in a cul-de-sac, but there is a road stub which goes beyond that cul-de-sac to their property. Once the road has been accepted by the Town, the Kashetas are asking that they be allowed to construct a driveway from their property to the location where the pavement ends at the cul-de-sac and that they have an easement to use that property as their roadway to get to Gorski Drive. This has been done for others in similar circumstances.
The Kashetas would be responsible to maintain that portion, and they would have the obligation to have the construction done. They would be given permission to do that, and they would be allowed to have an easement to pass over that road stub to the Gorski Drive cul-de-sac. They would also have the right to place utilities within that right-of-way.
Atty. Guliano indicated that he would be preparing a proposed easement agreement between the Town and the Kashetas for the Public Hearing and the next meeting. He said he would use a standard easement agreement which has been used in the past
F. Resolution Setting a Time and Place for a Public Hearing on Granting a Driveway Easement Over a Town Road Stub on Gorski Drive for Edward and Susan Kasheta
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, May 21, 2001, 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 granting of a driveway easement over a Town raod stub on Gorski Drive for Edward and Susan Kasheta.
Made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
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17. G. Discussion Item – proposed Tax Abatement/Partnership with Nutmeg Road South d/b/a Total Fitness, Inc.
Economic Development Coordinator Denise Whitford presented the following information:
Mr. Valles is the president of the organization and has had his business at 279 Nutmeg Road South for approximately 7 to 8 years. He has purchased land across the street in what is known as “Constitution Landing.” The property is Lot #6, and it will incorporate approximately 12,000 square feet of warehouse space and office conference space.
Mr. Valles came to the Planning & Zoning Commission in January and requested an exception to the current uses in that area to incorporate not only adult amusement but also youth amusement, and that was granted.
The cost of the project will be approximately $813,000. The improvements, which include the building will be about $713,000. Since Mr. Valles is allocating more than a statute limit minimum of $100,000, he is eligible for a 50 percent abatement for a three-year period of time.
The full estimated assessment on land and improvements is $454,170; The land estimate is only $93,590. The tax abatement partnership is being reviewed on the improvement assessment--$360,580. That is the figure to be reviewed in order to determine how much in taxes would be estimated. Taxes based on the current mill rate would be $12,505; a 50 percent abatement would be $6,253. The abatement would be for a three-year time period. This would be on the improvements to the real property.
As with all the abatements which have come before the Council in recent months, there are three conditions which are set for any tax abatement granted to a new business or an existing business in South Windsor. Total Fitness, Inc. must: 1) meet the estimated figures of the assessed value; 2) continue operation in South Windsor for a minimum of ten years; and 3) maintain the facility at a minimum current level during that ten-year period. If these conditions are not met, Total Fitness, Inc. is required to refund all abated taxes back to the Town of South Windsor.
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17. G. (Continued)
It was reiterated that Mr. Valles is currently leasing, and he would be purchasing property that is generating approximately $1,800 in existing taxes. So, although the Town would be granting a 50 percent partnership, over $6,000 would still be collected. That $6,000 does not include the personal property taxes which will be assessed on the interior of the building.
Councillor Fine asked how a business would get to be offered an abatement, and Ms. Whitford explained that she makes calls to existing businesses as well as attracting new businesses. When businesses are relocating or expanding within a community, they ask all types of questions and look at all types of benefits they can acquire from finance companies, banks, the State, Towns, etc. According to statute, a tax partnership is the only thing that South Windsor has to work with; the only benefit that can be offered is a tax abatement. There is a formal process involved. The policy was developed and adopted by the Council, and that process includes a formal letter coming from the client asking for an abatement.
Councillor Fine emphasized that this is good for the business and for the Town. Ms. Whitford agreed and stressed the importance of keeping business thriving in South Windsor.
Ms. Whitford said that this business has a total of six facilities in Massachusetts and Connecticut, with their headquarters located in South Windsor.
There was discussion regarding Constitution Landing and a previous discussion concerning tax partnerships. Councillor Aman asked that the Council Clerk pull together the minutes and the resolution pursuant to Constitution Landing. Mr. Galligan said that it had already been done and copies would be available for the Council. It was Mayor Lassman Fisher’s recollection that there was a pass-through to the developer because there were no services on that land at all, and it was being taxed at a rate of $3,000 per year. Because there were no services, in order for the developer to bring it to a point where businesses would go, the Town
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17. G. (Continued)
needed to encourage development of it by allowing an abatement pass-through to the developer. It was her understanding that it was a one-shot deal. There was also something unusual about that abatement in that the State offers an abatement in certain circumstances, so that the Town gives the tax relief, but it is then reimbursed in full by the State.
Mr. Galligan said that when Moody’s reviews financial statements, they will select a year and ask what the industrial base was at that point, and they then show what has been done to that point. They also include a projection for the future. That is how they monitor the growth of businesses which will help support the community.
Mr. Galligan then addressed the increased growth since 1997. See attached Exhibit B.
It was explained that this item would appear for a vote at the next Regular Meeting, to be held in two weeks.
H. Discussion Item – Development of a Policy for Selling Town “Paper Roads” to Abutting Homeowners
Atty. Guliano said that there had been numerous instances where individuals have approached the Town regarding a “paper road” which runs between their property and their neighbor’s property. That happens throughout the Town, and usually those are set up when one subdivision is put in so that a roadway could be put in to access another subdivision or to access other properties. Frequently the properties in back do not get developed as anticipated, so many of these “paper roads” or “stubs” which the Town owns are roads to nowhere. This issue arises quite often.
Not falling within this category is property that has been designated as “subdivision open space.” There is a policy in place with respect to that type of property. Also not in that category is property where there is a “paper road” or a “stub” and the property in back hasn’t yet been developed because the Town may still need that.
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17. H. (Continued)
The discussion this evening involves the possibility of developing a policy, if the Council sees fit to do so, when the stub is never going to be used because the property has been developed in some other way or with some other access.
Atty. Guliano said he was asking the Council whether there was enough interest for him to draft a policy. With such a policy, when a piece of property so identified, notice would be given to the two abutters that an appraisal would be done on the property and the cost of that appraisal would be borne by the abutters if they are interested in purchasing said property. There could be some type of procedure where, if the two abutters were interested, the property could be split down the middle; or, if one abutter was interested, it could be purchased by that individual; or, if the abutters are not interested or do not want to pay the price, then the Town could hang onto the property.
Stating that some of those stubs, when not taken care of by the neighbors, have become neighborhood garbage dumps, Councillor Aman said it would be to the benefit of the Town to sell some of those properties. As long as it was competitively bid, the Councillor was in agreement.
Councillor Pelkey asked if pathways within developments would fall under such a policy, and it was Atty. Guliano’s intent to limit it to the “paper road” stubs. With any of these properties, Atty. Guliano said it would be necessary to be careful that other people within the development don’t already have rights to the stubs.
When asked about the number of road stubs in Town, Atty. Guliano said that there isn’t even a complete listing of Town roads. There are records on the more recent roads which are part of subdivisions or where the Town has taken title. He emphasized that the policy which he was considering would be limited to abutters of the stubs.
Mike Smith, 208 Lawrence Road, said he is a property owner with a “paper road” between his property and his neighbor’s. He stressed that he is not really interested in owning the strip of land; his concern is that
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17. H. (Continued)
there are eight or ten trees on the property which have grown to a height such that they are creating a shade nuisance to his yard. He would like to see the Town divide the land between he and his neighbor so that if he owned the property he could then cut the trees down.
Mr. Galligan reminded the Council of discussions which had occurred years ago regarding the maintenance of Town-owned open space.
Atty. Guliano was asked if this could be handled on a case-by-case basis, and he said there would still need to be some type of a process.
It was decided that Atty. Guliano should prepare a draft.
10. Communications and Reports from Town Manager
Mr. Galligan reported the following:
He is still working with Public Works, Police and CSEA and is hoping to have settlements by year’s end. He has also met with Senator LeBeau and Representative Kerensky regarding properties along the Buckland Gateway Zone. There is approximately $400,000 to $500,000 worth of property to purchase along that area. There is a conveyance bill in right now which will get those properties to the Town for $1,000—which is the DOT administrative fee, but the caveat is that the properties are to be used for open space/access management. If there is any selling of the property to a developer, then the DOT is entitled to their value, which would be determined by the Commissioner of the DOT. He is hoping that this will be resolved by the end of June.
The Route 30 project is being done without Hartford. A gateway zone has been created coming into Route 30. They will be ready for construction this fall with a project completion date of next August.
Mr. Galligan then briefly discussed attached Exhibit B – “New Business and Business Expansion” in South Windsor. Mayor Lassman Fisher said that the item would be discussed more fully the following evening at the Public Information Meeting.
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11. Reports from Standing Committees – None
12. Reports of Temporary Committees – None
13 Communications and Petitions from Council
Councillor Pelkey reported that he took part (with his Cub Scout Den) in the Witch Hazel Planting Project which was part of the $30,000 federal grant. He said that Jeff Folger would probably be providing details in the future.
Referring to a Public Hearing held last week, Councillor Pelkey felt that there were misconceptions and misunderstandings on the part of the public with the way the Town operates. Referring to the Police Department’s program, “Police and Community Together,” he suggested the idea of such a program where citizens can get a basic civics lesson on how Town government works.
Mayor Lassman Fisher spoke of three letters she had received, two of which were against the proposed increase to the Board of Education budget, and one which was in favor of the increase. Councillor Williams then reported that she had received between 15 and 20 phone calls, all of which were against the proposed increase to the Board of Education budget. She said the general consensus of those individuals, as well as those with whom she has spoken in person, is “hold the line.”
17. A. Acceptance of Resignation of Kenneth P. Olander (D) from the Water Pollution Control Authority, and from the Building Code Board of Appeals
BE IT RESOLVED that the South Windsor Town Council accepts, with regret the resignation of Kenneth P. Olander from the Water Pollution Control Authority, and the Building Code Board of Appeals, said resignations being effective immediately.
Made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
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17. B. Resolution Approving a Tax Refund to Six (6) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to six (6) South Windsor taxpayers, the total of said refunds being $3,931.47, and as listed on attached Exhibit A.
Made by: Councillor Burnham
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
D. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on a Proposed Amendment and Expansion of an Existing Right-of-Way on a Portion of Felt Road in Favor of Linda Cloutier
BE IT RESOLVED that the South Windsor Town Council sets Monday, May 21, 2001, 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 a proposed Amendment and expansion of an existing right-of-way on a portion of Felt Road in favor of Linda Cloutier.
Made by: Councillor Aman
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
Communications and Petitions from Council (Continued) – None
Executive Session – None
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May 7, 2001
Adjournment
A motion to adjourn was made by Councillor Fine at 10:40 p.m. The motion was duly seconded and was unanimously approved.
Respectfully submitted,
Merlyn P. Guild
Assistant to the Clerk of the Council
Attachments
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