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Regular Meeting 1/22/02
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  January 22, 2002        

                        

TOWN COUNCIL - Regular Meeting
Council Chambers - South Windsor Town Hall

Members Present:        Mayor William Aman
                        Deputy Mayor Matthew Streeter
                        Councillor Barbara Barbour
                        Councillor Paul Burnham
                        Councillor Thomas Delnicki
                        Councillor Deborah Fine
                        Councillor Lassman Fisher
                        Councillor Edward Havens
                        Councillor John Pelkey  
                
Also Present:   Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                
Mayor Aman called the meeting to order at 8:00 p.m.  Councillor Delnicki led the group in prayer.

ITEM:

5.     Public Input

The first speaker was Craig Zimmerman, 5 Amato Drive.  Mr. Zimmerman informed the Town Council that he was the newly-appointed Chairman of the Parks and Recreation Commission; however, he was present this evening as a private citizens to speak with regard to the proposed Leisure Center at Evergreen Walk.  

Referring to statistics and financial estimates contained in a handout he had given to the Council, Mr. Zimmerman pointed out that this Center would include an indoor pool, 3 to 4 basketball courts, a fitness and weight rooms, and an indoor track.  He noted that approximately 80% of the needed revenue to run the facility would come from user memberships--with the remaining 20% coming from ECHN.

ITEM:

5.     Input   (Continued)

Deferring to the Town Council and Town Manager, Mr. Zimmerman asked interested residents to attend the next Town Council meeting on February 4at which meeting he assumed this topic would again be addressed.  He asked that the Town Manager, or Town staff, or (if necessary) someone from the Park and Recreation Commission to be given 10 or 15 minutes to go into detail on what the Leisure Center was all about thus providing the public with a clear understanding of the proposal.  He felt that the public's interest in the project would have some affect on their interest in the financing options.

Mr. Zimmerman concluded by stating that he and the other Members of the Park and Recreation Commission were very interested in seeing that this project, and other recreation-oriented projects in Town go forward.

At this point in the meeting, Deputy Mayor Streeter moved to suspend the rules of the Town Council and Amend the Agenda by moving Agenda Items 16. C. and 17. E. forward to this point in the meeting.  The Motion was seconded by Councillor Pelkey, and approved unanimously.

16.     Unfinished Business  (Continued)

C.      Resolution Authorizing the Town Manager to Enter into a Memorandum of Agreement Between the Town of South Windsor and the South Windsor Board of Education Regarding the International Fuel Cell Project at South Windsor High School

WHEREAS, representatives of the Town of South Windsor and the South Windsor Board of Education are in the process of finalizing agreements between the Town of South Windsor, the Connecticut Clean Energy Fund, and International Fuel Cells regarding the purchase, installation and servicing of a fuel cell to be placed at the South Windsor High School; and

WHEREAS, the Board of Education has requested, as part of that process, that a Memorandum of Agreement between the Town and the Board of Education be executed addressing several issues pertaining to funding, obligations and duties of the various parties; and

(Resolution Continued on Next Page)

ITEM:

16.     C.   (Continued)

WHEREAS, the Memorandum of Agreement has been reviewed by counsel representing the Town and the Board of Education on this project, as well as the Town Attorney.

NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute a Memorandum of Agreement between the Town of South Windsor and the South Windsor Board of Education, similar to the one provided to the Town Council and to be identified as Exhibit D in the Minutes of this meeting, in a form approved by the Town Attorney.

Was made by:    Councillor Barbour
Seconded by:            Councillor Delnicki

Mayor Aman explained that this was an Agreement setting out some of the parameters, internally, between the Board of Education and the Town Council and letting Town staff know how various items within this project are to be administered.

Councillor Lassman Fisher added that the Board of Education and the Town Council did come to terms on this Agreement; and she felt that, primarily, it spelled out what the contracts will provide for; and also gives the Board and the Council an opportunity to come to some consensus on the scope of this project.

Mr. Galligan added that the Chairperson of the Board of Education has signed this Agreement as of this evening.  Upon the approval of the Town Council this evening, he noted, the contracts could now be signed.  

After further comments by other Councillors, Mayor Aman called for a vote on the Resolution.  The Resolution was approved unanimously.

ITEM:

17.     E.      Resolution Authorizing the Town Manager to Enter Into a Program Participation Agreement with Connecticut Innovations, Incorporated; a Sale and Installation Agreement with UTC Fuel Cells, LLC; and a Service Agreement with UTC Fuel Cells, LLC

WHEREAS, Town officials have been working with Board of Education officials to create a proposal for the installation of a fuel cell at South Windsor High School; and

WHEREAS, the Town of South Windsor made a proposal to the Connecticut Clean Energy Fund to fund the installation, procurement and maintenance of a fuel cell at South Windsor High School that would provide power and heat, including emergency power and heat, and serve as a teaching tool for the science curriculum; and

WHEREAS, Connecticut Innovations, Incorporated, a quasi-governmental agency of the State of Connecticut, acting on behalf of the Clean Energy Fund, has negotiated a proposed Program Participation Agreement with the Town of South Windsor, by which it agrees to fund the project at the amount set forth in the Town
WHEREAS, the Town has negotiated a contract with UTC Fuel Cells, LLC for the purchase, installation and maintenance of the fuel cell; and

WHEREAS, the South Windsor Town Council authorized the Town Manager to negotiate a final funding agreement with the Clean Energy Fund and a Sale, Installation and Servicing Agreement with UTC Fuel Cells, LLC and bring the final contracts back to the Town Council for final approval before execution; and

WHEREAS, the terms of the Agreements provide that they will not be executed or take effect until all of the Agreements have been approved by the South Windsor Board of Education, and no Agreement will take effect unless all three of the Agreements have been approved and executed by the Town.

(Resolution Continued on Next Page)
ITEM:

17.     E.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the Town Manager to enter into a Program Participation Agreement with Connecticut Innovations, Incorporated; a Sale and Installation Agreement with UTC Fuel Cells, LLC; and a Service Agreement with UTC Fuel Cells, LLC, substantially similar to those attached hereto as Exhibits A., B., and C, upon approval of all three agreements by the South Windsor Board of Education and upon approval of the Town Attorney as to form.

Was made by:    Councillor Lassman Fisher
Seconded by:            Councillor Delnicki

Mayor Aman asked Councillor Lassman Fisher to give a brief outline of what was being done this evening.

Councillor Lassman Fisher reported that what was being done this evening was the culmination of all of the work brought forward for this project; and what was being agreed to here was allowing the Connecticut Clean Energy Fund to fund the installation and servicing of a fuel cell, for a period of 10 years.  Additionally, she continued, they are funding the purchase of the fuel cell, and a rather extensive curriculum to be provided to the students of South Windsor
According to the Councillor, all of this means that the Connecticut Clean Energy Fund has provided $2.3 million for this project which will fund everything that has been thought of in terms of purchase and operation of the fuel cell and all the components of the fuel cell its installation, purchase of extended warranties and service agreements, and the second fuel cell (or stack) installation which is anticipated in the year 2005.  

She added that, hopefully, an added gain would be significant prominence, Statewide, and perhaps nationally, because, according to the Councillor, there are very few fuel cells in school systems and, in Connecticut, South Windsor will be the first.

Secondly, Councillor Lassman Fisher pointed out that South Windsor has, through this project, partnered with a major taxpayer in South Windsor, and a major employer in the region namely, UTC-Fuel Cells; and not only will UTC have a presence in South Windsor with a demonstration site like no other but, as such, will afford the Town the opportunity to make serious progress toward economic development.

ITEM:

17.     E.      (Continued)

The Councillor then thanked UTC-Fuel Cells for its help and commitment to work with the Town.  She also pointed out that the Connecticut Clean Energy Fund chose South Windsor largely because the Town had put forward not only the use of the fuel cell for promotion of heat and electricity in the schools as they operate, but because it will be an emergency shelter
Explaining that great pains have been taken to insure that the money will come to the Town for the fuel cell, and the money will always be there and that there won't be a fallout in case anything happens to the Clean Energy Fund, etc.  

The Councillor then thanked the Connecticut Clean Energy Fund for choosing South Windsor, and working with the Town for six months to give it and its Board of Education an Agreement they can live with.  Also, she said, the legal advisors engaged by the Town to oversee this project--Atty. Robert DeCrescenzo and his associates from Updike, Kelly & Spellacy-- have gone through a great deal of effort to make certain that the Town is as protected as it can be that there will be no expenditures to the Town for the installation and operation of this fuel cell that will not be paid for by the Fund; and that the Town has the control over the fuel cell that it needs to insure a safe and healthful environment in our school system.

Mayor Aman thanked Councillor Lassman Fisher for her report and for all the work she has done over the last six months in obtaining State funds for this project.  He felt that the fuel cell project is one of the best examples of a public/private partnership that has culminated in the successful completion of a major demonstration project that met the needs of both parties.  

Councillor Pelkey echoed the Mayor's thanks to Councillor Lassman Fisher for all her work following this project through and making certain that it happened.  He also thanked former Councillor Roseann Williams.  He felt that the partnership certainly put South Windsor on the map, and was something we can all be proud of.  

Councillor Fine, too, expressed her gratitude to Councillor Lassman Fisher and former Councillor Roseann Williams for their hard work and the long hours they put in seeing this project to its fruition.

ITEM:

17.     E.      (Continued)

Councillor Havens asked Town Manager Galligan what remained to be done on this project before the contracts could be signed.  Mr. Galligan said that whatever the Council approved this evening would give him the authority to go ahead and sign the contracts.  Continuing, Mr. Galligan said that a timeline had been done and, as of this evening (if these contracts are approved), there follows a timeline for Planning and Zoning approval, Siting Council approval,  and curriculum development.  

Once this is done, the Town Manager continued, UTC-Fuel Cells would do a final Site Plan followed by the bulk of the construction and installation being done during the Summer school hiatus.  It was hoped, he said, that the fuel cell would be installed and "up and running" by September 1, 2002, just prior to the beginning of the new school year.

Town Manager Galligan noted that there was an excellent group of people meeting every week to oversee the successful completion of this very important project.  He said that the group would continue to meet every Thursday at 9:00 a.m. to make certain that the installation gets done, etc.

Councillor Havens, too, thanked Councillor Lassman Fisher for all her work from the inception of this idea to its fruition.  He was certain that this would put South Windsor on the map not only because South Windsor was the first town in Connecticut to have a fuel cell installed in one of its schools, but also because of the planned curriculum for students associated with the project.  It was his opinion that the inclusion of this new curriculum for students would have a ripple affect throughout the educational community.

Councillor Lassman Fisher thanked the Councillors for their kind comments; and said that she had forgotten to add one very important component to all of this and that was the fuel savings the Town would experience.  Initially, she stated, it was estimated that the savings could be as much as $80,000 per year; however, now it was being estimated that the savings could be as high as $150,000 per year.  

Referring to the amount of paperwork in front of the Council this evening that was associated with this project, Councillor Lassman Fisher explained the reason saying that this was a new concept; the State told South Windsor it wanted to see how it handled this project, as South Windsor would be the protocol for the next school system or next Town Hall to receive a fuel cell consequently, all the hours creating purchase agreements, service agreements, and taking into consideration all the things that an happen when municipalities purchase complex equipment, will now be part of a State protocol for this type of project.  

As stated by the Mayor previously, Councillor Lassman Fisher again pointed out that, since the Town of South Windsor
Mayor Aman, for clarification purposes and the public's information explained that the anticipation is that in August the switch will be thrown; and when school starts following Labor Day weekend, it will be run by the fuel cell.  Therefore, he noted, the construction time is very short; and will be done quickly over the Summer.

Mayor Aman then called for a vote on the Resolution.  It was approved, unanimously.

6.      Environmental Health Message - None

7.      Acceptance of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings:  Regular Meeting of November 19, 2002; and Work Session of December 17, 2002.

Was made by:    Councillor Pelkey
Seconded by:            Deputy Mayor Streeter

Councillor Fine amended the Minutes of December 17, 2002 by removing her name from the Roll Call.  She was not present at the Work Session; the amendment was seconded by Councillor Pelkey and approved unanimously.

The Amended Motion was approved, unanimously.

ITEM:

8.      Public Petitions

Councillor Pelkey submitted, for the record, a letter received from Laura E. Rowley, and signed by over 100 students, regard the issue of providing parking spaces for Juniors at the High School.  Mayor Aman did note for the record that the signatures of the students contained no addresses as is usually required in a petition.  (A copy of Ms. Rowley's letter is attached for the record.)

There followed a lengthy discussion regarding the lack of parking areas for High School students; possible solutions to those problems; how best to resolve the complaints received from residents of Collins Crossing about the number of High School students parking along that road every school day; and, most importantly, the safety issue associated with students parking walking along Town streets.  

 9.     Communications from Officers and Boards Directly Responsible to Council  -  None

10.     Communications and Reports from Town Manager

Town Manager Matthew Galligan reported that the Budget process is going on, with the process with Department Heads with each of them concentrating on what is needed for the entire Town, rather than just for each individual's department.

Saying that as a Member of CIRMA's Underwriting Committee, he and the others on the Committee have discovered that the market is very hard right now for reinsurance and issues of that sort.  Those communities without programs such as back-to-work, etc. will be hit with higher costs; and the Town Manager wanted the Council to know that South Windsor is one of the Towns in the pool that has instituted good programs such as back-to-work, property valuation, record-keeping, etc.; and, he was expecting favorable rates for South Windsor because of these programs.

Regional Dispatch - Mr. Galligan said this project was moving forward.  Continuing, he added that six Towns are interested; and certain areas are being looked at.  At the moment, he said, he was working up a business plan on behalf of CRCOG to put the package together for the six Towns.  There is money available for this project, he added; and, hopefully, more definitive information on the project (including municipal agreements) would be forthcoming, for Council's review, within the next month, or two.

ITEM:

10.     Communications and Reports from Town Manager  (Continued)

According to the Town Manager, the two principal reasons for this regional dispatch center
However, he added, by the year 2004, the State is requiring that every Dispatcher in the State of Connecticut be an Emergency Medical Dispatcher (trained in emergency techniques).  This, he added, could be very costly for a community acting on its own
Foster Farm:  Mr. Galligan said there had been some very successful negotiations with the Foster family and the Town should be receiving a response from them shortly.  After the receipt of that response, Mr. Galligan said he would ask for an Executive Session of the Town Council to discuss this prospective open space in further detail.  

Councillor Fine then asked the Town Manager the status of the Gateway Entrance Signs.  Mr. Galligan replied that the Rotary Club, the Chamber of Commerce, and the Town funded for the signs; and that now each service club would have to spend their own money to place their logo on these sign about $300.

In light of the large amounts of money to be received for these two projects, Mayor Aman asked the Town Manager to segregate the revenue received from the expenditures for both the communication tower to be sited at Police Headquarters, and the fuel cell at the High School.  Otherwise, according to the Mayor, the Town would have a very distorted trend line for the budget in future years.   The Town Manager agreed that this should be done.

On another matter, the Mayor asked the Town Manager if the Town would be receiving any funds from the Blue Cross/Blue Shield breakdown.  Mr. Galligan replied that he knew of none; and reminded Council that there was a year

ITEM:

10.     Communications and Reports from Town Manager  (Continued)

between when the Town had switched to Cigna; and, according to Blue Cross/Blue Shield, the Town was not eligible for any funds because of that break with them.

Councillor Delnicki asked Mr. Galligan what was the timeline on the Regional Dispatch Center.  Mr. Galligan replied that it would probably be a year or year and a half.  He said that labor was the biggest issue.  

Secondly, Councillor Delnicki asked the status of hiring additional Dispatchers.  Mr. Galligan said that Chief Tyler was holding off on this until it is determined what will be done with the proposal of a Regional Dispatcher Center.  The Town Manager did mentioned that there is another option that being that with the new tower, Manchester could do all of our dispatching if we wanted to move our people over there.

The Councillor also asked if there had been any residual affects on our CIRMA insurance following the attacks on the World Trade Centers.  Mr. Galligan said not in the Town's policies; however, he had heard that many reinsurers are looking at that issue.  Mr. Galligan reported that, after careful review of premium insurance with St. Paul, he and his colleagues have decided to self-insure under this pool because it was felt that St. Paul realized a lot of profit and was unwilling to give some of it back to the Towns.

Councillor Burnham asked for an update on the communications tower.  Mr. Galligan said that the original intention of the tower was for communications.  However, Planning and Zoning felt that when towers are built other users should be allowed in order to prevent an inordinate number of towers being constructed.  He continued by reporting that when approval was received from P&Z it included the Town and one other company; P&Z, however, required that there be three or four users.  

11.     Reports from Standing Committees - None

12.     Reports of Temporary Committees - None

ITEM:

13.     Communications and Petitions from Council

Councillor Havens, referring to the Mayor's letter to the Chairman of the Public Building Commission, Hap Fitts, asking for that Commission's deeper involvement in prospective building projects, asked the Mayor to request that the PBC not delay in the assignments given to them by the Mayor.  Councillor Havens pointed out that this year's Budget session will soon be starting; and, a delay in action could push what needed to be done off to another year.

Referring to the situation with CRRA, Councillor Havens also asked the Town Manager to express to the Governor and to the State's Attorney General, the Town's concern with the additional tipping fees to municipalities brought on by the CRRA/Enron debacle.  

Mr. Galligan reported that Fred Shaw, Supt. Of Pollution Control, had reported to him that there is a coalition of Towns being formed to speak to CRRA.  He also stressed that this increasing in tipping fees has a major, major impact on our Budget next year.  Also of concern is the fact that an agency such as CRRA is allowed to conduct business this way.

Mayor Aman then informed the listening public that he had written a letter to the Public Building Commission asking the Chair, Hap Fitts, and his Commission to look at the Space Needs Report done by the Council's Subcommittee; to meet with the Board of Education about the possible need for another elementary school; and to meet with the Parks & Recreation Committee to determine how, in light of the defeated Referendum on the recreation Master Plan, the Town should spent its limited amount of money on recreation.

He hoped that, after looking into these requests, the Public Building Commission would return to the Town Council to report on the actual role it felt it should play in these projects.  Following this, the Mayor said a formal Resolution will be presented to the Town Council for action.  The Commission, he stated, can only operate under a directive received from the Town Council.

Councillor Havens interjected his request that when the PBC does return to Council, the intention will be to keep these projects separate.  The Councillor did not want the Town's needs and the Board of Education's needs to be tied in together.

ITEM:

13.     Communications and Petitions from Council

A discussion ensued between Mayor Aman and Councillor Havens about the role of the PBC particularly with regard to the Commission's involvement in the finances of the P&R Master Plan.

At this point, Mr. Galligan reported that the Soccer Club will be coming in to the Town Council with a proposal that the Club and the Town enter into a contractual arrangement whereby it could, perhaps, lease a field intended for soccer; after which, the Club could then apply for Grants to improve those fields including any necessary construction, etc.

Councillor Barbour reported that on January 8 she had attended the first Board of Education meeting as Council's liaison; and there were three items of interest she felt should be reported to Council namely, (1) Councillor Lassman Fisher had given the Bd. Of Education a progress report on the International Fuel Cell contract stressing strict adherence to the timelines set for signing these contracts; (2) a discussion regarding High School student parking; and (3) reviewing the school calendar for the coming year, the Board is considering disallowing Veterans Day as a school holiday instead offering suitable programming on that day to the students.

Councillor Delnicki, referring again to the prospect of having the tipping fees at CRRA increased, asked at what point the Town could walk away from its contract with this agency.  Mr. Galligan replied that he would have to have the Town Attorney look into this possibility; however, his own opinion was that the Town could probably not renege on its contract with CRRA.

Atty. Guliano interjected his opinion that, under the contract, CRRA could certainly raise the prices even a lot; however, if at some point it becomes unconscionable, that is the time the Town could look to voiding a contract.  He suggested that other Towns might want to join South Windsor in this pursuit.

A lengthy discussion regarding this issue ensued.

ITEM:

13.     Communications and Petitions from Council


Councillor Pelkey referring to the Space Needs Report, and the amount of space taken up by the Town's sign-making equipment, asked the progress of his suggestion that the Town share its sign-making activities with other communities in order to free up the space currently being used or replacing it.  He again asked for the financial figures associated with either suggestion.  , and what the numbers are for replacing that space, or freeing it up.

Mayor Aman used this opportunity to thank the Town's Public Works Department for the excellent job they have been doing during a recent series of small snow storms.  He said that it was easy to determine when you crossed the Town line just by the quality of the snow plowing and sanding being done by South Windsor.

Reporting on his recent attendance at CCM and CRCOG meetings, Mayor Aman reported that these two agencies have noted that their legislative lobbying this year is very different than in years past.  Prior to this year, he continued, CCM and CRCOG have gone into the Legislature with a list of needs and requesting more money.  This year, he said, the lobbyists are going in saying Don't cut us from last year!  He felt that this could have a very big budget impact on South Windsor.

14.     Public Participation - None

15.     Consent Agenda

Motion to approve Agenda Items 16. A. and 17. A., B., C., and D. as the Consent Agenda.

Was made by:    Councillor Fine
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

ITEM:

16.     Unfinished Business

*A.     Appointment of Philip Forzley (D) to the Inland-Wetlands Agency to fill the Unexpired Term of John O
BE IT RESOLVED that the South Windsor Town Council appoints Philip Forzley to the Inland-Wetlands Agency to fill the unexpired term of John O
(APPROVED BY CONSENT AGENDA)

B.      Resolution Authorizing the Town Manager to Execute a Partial Release of a Conservation Easement at Westview Office Park

WHEREAS, the owners of Westview Office Park are requesting a partial release of a Conservation Easement on their property at Westview Office Park to allow them to provide fifteen (15) new parking spaces at the northerly end of the site, all of which are along the property
WHEREAS, a Public Hearing was scheduled on this request, pursuant to the Town of South Windsor's newly adopted Ordinance pertaining to the release of Conservation Easements, with notice to the Planning and Zoning Commission and the Inland/Wetlands Agency (there are no abutting property-owners, since the parcel is surrounded by public streets); and

WHEREAS, a Public Hearing was conducted on January 7, 2002 at which the public and the Planning and Zoning Commission, and the Inland/Wetlands Agency were given an opportunity to provide input to the Town Council

NOW, THEREFORE, BE IT RESOLVED that pursuant to said Ordinance, the South Windsor Town Council hereby authorizes the Town Manager to execute a partial release of the Conservation Easement, as requested, in a form to be approved by the Town Attorney.

Was made by:    Deputy Mayor Streeter
Seconded by:            Councillor Delnicki


ITEM:

16.     B.  (Continued)

Deputy Mayor Streeter, referring to the fact that Mrs. Patricia Conrad, Strong Road, had come forward during the previous Work Session and raised questions regarding this Release that he felt should be addressed prior to Council
The Deputy Mayor then moved to Table the Resolution; the Motion was seconded by Councillor Pelkey; and approved, unanimously.  

C.      Resolution Authorizing the Town Manager to Enter into a Memorandum of Agreement Between the Town of South Windsor and the South Windsor Board of Education Regarding the International Fuel Cell Project at South Windsor High School
              (Councillor Barbour)

WHEREAS, representatives of the Town of South Windsor and the South Windsor Board of Education are in the process of finalizing agreements between the Town of South Windsor, the Connecticut Clean Energy Fund, and International Fuel Cells regarding the purchase, installation and servicing of a fuel cell to be placed at the South Windsor High School; and

WHEREAS, the Board of Education has requested, as part of that process, that a Memorandum of Agreement between the Town and the Board of Education be executed addressing several issues pertaining to funding, obligations and duties of the various parties; and

WHEREAS, the Memorandum of Agreement has been reviewed by counsel representing the Town and the Board of Education on this project, as well as the Town Attorney.

NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute a Memorandum of Agreement between the Town of South Windsor and the South Windsor Board of Education, similar to the one provided to the Town Council and to be identified as
Was made by:    Councillor Barbour
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

ITEM:

16.     Unfinished Business  (Continued)

*D.     Resolution Approving Mayoral Appointments to Standing Committees, and as Liaisons to Boards and Commissions
        (Councillor Fine)

BE IT RESOLVED that the South Windsor Town Council hereby approves the Mayoral appointments to Council
Was made by:    Councillor Fine
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

17.     New Business

*A.     Appointment of Edwina Futtner (R) as an Alternate to the Historic District Commission and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Edwina Futtner an Alternate to the Historic District Commission to fill a vacancy whose term ends November 30, 2002, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*B.     Appointment of Walter J. Fitzpatrick (R) as an Alternate to the Historic District Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Walter J. Fitzpatrick an Alternate to the Historic District Commission for a term ending November 30, 2006, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*C.     Appointment of Donald H. Gates (R) as an Alternate to the Inland-Wetlands Agency, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Donald H. Gates an Alternate to the Inland-Wetlands Agency to fill a vacancy whose term ends December 1, 2003, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)
ITEM:

17.     New Business  (Continued)

*D.     Appointment of Matthew Davis (R) to the Water Pollution Control Authority, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Matthew Davis to the Water Pollution Control Authority for a term ending November 30, 2007, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

                *E.     Participation Agreement with Connecticut Innovations, Incorporated; a Sale and Installation Agreement with UTC Fuel Cells, LLC; and a Service Agreement with UTC Fuel Cells, LLC

WHEREAS, Town officials have been working with Board of Education officials to create a proposal for the installation of a fuel cell at South Windsor High School; and

WHEREAS, the Town of South Windsor made a proposal to the Connecticut Clean Energy Fund to fund the installation, procurement and maintenance of a fuel cell at South Windsor High School that would provide power and heat, including emergency power and heat, and serve as a teaching tool for the science curriculum; and

WHEREAS, Connecticut Innovations, Incorporated, a quasi-governmental agency of the State of Connecticut, acting on behalf of the Clean Energy Fund, has negotiated a proposed Program Participation Agreement with the Town of South Windsor, by which it agrees to fund the project at the amount set forth in the Town
WHEREAS, the Town has negotiated a contract with UTC Fuel Cells, LLC for the purchase, installation and maintenance of the fuel cell; and

WHEREAS, the South Windsor Town Council authorized the Town Manager to negotiate a final funding agreement with the Clean Energy Fund and a Sale, Installation and Servicing Agreement with UTC Fuel Cells, LLC and bring the final contracts back to the Town Council for final approval before execution; and

(Resolution Continued on Next Page)
ITEM:

17.     E.      (Continued)

WHEREAS, the terms of the Agreements provide that they will not be executed or take effect until all of the Agreements have been approved by the South Windsor Board of Education, and no Agreement will take effect unless all three of the Agreements have been approved and executed by the Town.

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the Town Manager to enter into a Program Participation Agreement with Connecticut Innovations, Incorporated; a Sale and Installation Agreement with UTC Fuel Cells, LLC; and a Service Agreement with UTC Fuel Cells, LLC, substantially similar to those attached hereto as Exhibits A., B., and C, upon approval of all three agreements by the South Windsor Board of Education and upon approval of the Town Attorney as to form.

Was made by:    Councillor Lassman Fisher
Seconded by:            Councillor Pelkey
The Motion was: Approved, unanimously

F.      Resolution Authorizing the Town Manager to Enter into a Lease Agreement for Orchard Hill Farm

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a Lease Agreement with Mr. Brian K. Gavitt for the property known as Orchard Hill Farm, located at 425 Avery Street, for the term commencing January 1, 2002 and ending December 21, 2008.

Was made by:    Councillor Pelkey
Seconded by:            Councillor Fine
The Motion was: Approved, unanimously

ITEM:

17.     New Business    (Continued)

G.      Resolution Authorizing the Town Manager to Enter into a Lease Agreement for the Barton Barn

BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager Matthew B. Galligan to exercise the Right of First Refusal Lease Extension clause in the Lease dated June 26, 1997 with Mulnite Farms, Inc., 28 Miller Road, Broad Brook, Ct. for the term commencing January 1, 2002 and ending December 31, 2007 for one (1) tobacco barn [thirteen (13) bent shed] located on the premises off Troy Road and Brookfield Street (known as the Barton property); and

BE IT FURTHER RESOLVED that said extension shall be at the prevailing rate for similar
Was made by:    Councillor Pelkey
Seconded by:            Councillor Delnicki
The Motion was: Approved, unanimously

H.      Resolution Approving the Refund of Property Taxes to Six (6) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves the refund of property taxes to Six (6) South Windsor taxpayers, said refunds totaling $8,395.64 and as shown on attached Exhibit E.

Was made by:    Councillor Delnicki
Seconded by:            Deputy Mayor Streeter
The Motion was: approved, unanimously

Councillor Delnicki moved to Suspend Council Rules and address Agenda Item 17. J. at this time.  The Motion was duly seconded, and approved unanimously.

J.      Discussion Item
        Commander Gerry Lewis, South Windsor Police Department was present to explain to Council exactly what directive patrols were.  There followed questions from Council regarding procedures and staffing associated with these patrols.

ITEM:

17.     New Business    (Continued)

I.      Discussion Item - Private Developments for Senior Housing

Town Manager Matthew Galligan, at the previous request of Councillor Havens, explained that the Senior Housing construction adjacent to Flax Hill was the combined efforts of the South Windsor Housing Authority and Metro Realty Group and consisted of the construction of 75 units for 62+, no children residents.  These units, he said, consisted of one- and two-bedroom apartments; at an approximate monthly rent of $500 for one-bedroom units; and $750 for two bedroom units.

Mr. Galligan also summarized by explaining that there have been 325 applications filed for these 75 units; and Metro Realty is considering purchasing additional property to construct 100 more senior housing units for South Windsor.  

18.     Passage of Ordinance - None

19.     Communications and Petitions from Council (Continued) -  None

20.     Executive Session  -  None

21.     Motion to Adjourn

There was a Motion to adjourn at 10:20 p.m.  The Motion was duly seconded, and approved, unanimously.


Respectfully submitted,


                                                        
Patricia R. Brown
Clerk of the Council

(Attmts.)