Additional Tax Partnership for
Reminding Council that this was the item presented by the Chairperson of the Economic Development Commission, Marge Anthony, earlier in the meeting, Mayor Aman asked the Town Manager if he had further information to pass on regarding this.
Mr. Galligan said that he would prepare information with regard to the Company's current taxes and personal property, then apply a formula to the tax abatement being requested using the figures from their prior and ongoing tax abatement. Mayor Aman felt this would be helpful.
Councillor Burnham asked if there was any reason for not including an expectation on the part of the Town that there be an increase in personnel for this Company because of the fact they were building an addition usually in the form of a percentage increase. Atty. Guliano said that this should be included in the Agreement; and he would speak with Ms. Anthony about its need prior to the next Town Council meeting and the Council's vote.
Deputy Mayor Streeter directed his remarks to the Town Manager, pointing out that he could not remember a tax abatement figure as high as 80% being granted to a Company before. He asked if the 80% was something new. Mr. Galligan replied that if the project amounts to more then $3 Million, State Statute allowed a tax abatement as high as a 100% abatement for seven (7) years.
He agreed that this was the first 80% abatement; however, he reminded everyone that Carla's Pasta had received a 100% abatement for seven (7) years and, additionally, two extra years on Personal Property.
Deputy Mayor Streeter asked, too, if the required number of years to remain in South Windsor could be increased past 10 years. Atty. Guliano said the Town could set whatever limits it wished this factor, he added, was not limited by State Statutes. Deputy Mayor Streeter, however, said he would be reticent to going larger than 80% in the future, but would support this proposal.
The Town Manager pointed out that the Town had refused a tax abatement for Target and Lowes. Likewise, he added, there would be no tax abatement on Stop & Shop. He felt that, presently, the retail market was strong; however, on the corporate side, he added, the only way they can keep a profit is to look for incentives. Mr. Galligan said he had already informed the Developers of Evergreen Walk to look for no help or incentives from the Town, at all.
ITEM:
E. Resolution Setting a Time and Place for a Public Hearing on the Appropriation of $50,000 for Drainage Improvements on Buckland Road
BE IT RESOLVED that the South Windsor Town Council sets Monday, July 15, 2002, 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 $50,000 from Capital and Non-Recurring Expenditures Account Number 004-4200-4201-320 for drainage improvements along Buckland Road.
Was made by: Councillor Havens
Seconded by: Deputy Mayor Streeter
Councillor Burnham, referring to a Resolution on this evening's Agenda appropriating $50,000 for drainage improvements on Buckland Road asked exactly where on Buckland Road these improvements would take place. Mr. Galligan replied in the area of Deming Street and Buckland Road adjacent to property owned by Kellco. The Town Manager said that there have been near accidents because of water runoff, and consequent freezing in the Winter months. The problem, he added, is a Town problem, and has nothing to do with Evergreen Walk.
Councillor Burnham expressed his concern that, following Town work in this area at a cost of approximately $50,000, road work associated with the construction of Evergreen Walk would require disturbing the newly completed drainage improvements being discussed. Mr. Galligan assured the Councillor that all of Evergreen Walk work is on the west side of the road including any road widening, or turning lanes, required because of that project.
Director of Public Works Michael Gantick addressed Councillor Havens' question regarding the huge crack in Buckland Road all the way up toward the Town Line by explaining that this was a natural seaming that occurs in road overlays over a long period of time particularly in a road this wide. He said the problem would be corrected this year.
Mayor Aman then called for a vote on the Resolution. It was approved, unanimously.
F. Discussion Item - Public Hearing Concerns - Use of Lawrence Road Property
Mayor Aman explained that this Item was a follow-up to the Public Hearing on this project. The Town Manager asked Craig Zimmerman, Chairman of the Park and Recreation Commission, to begin.
Mr. Zimmerman said he wished to bring forth some of the concerns of the public expressed at two prior Public Hearings on this subject (see attached Exhibit B.)…He referred to a Revised Park & Recreation Master Plan handout he had distributed to the Councillors (copy attached); and said he would walk through this information very quickly followed by a power point presentation by the Town Manager depicting what was being proposed
Assuming that the P&R Commission had not explained clearly, at the Public Hearings, what their role was in all of this, Mr. Zimmerman wanted the public to know that, at a Public Hearing, it is not the role of the Commission to get into a debate.
Mr. Zimmerman said he knew 15 years ago that the Lawrence Road property was supposed to be developed land even, at one time, a Little League Complex. However, he pointed out that he had heard at least 20 times last Monday (at the Public Hearing) that various people when they purchased their houses in that neighborhood thought it was supposed to remain Open Space and never developed. Because of this misconception, Mr. Zimmerman asked that the Town Manager and the Town Attorney, at the next meeting walk through (so to speak) what type of recreation, etc. is supposed to go in these various Open Space properties in the hope of cleaning up what he felt were misunderstandings and varying opinions regarding this.
The Chairman mentioned the difference between conceptual vs. actual site maps, and the fact that the public understand that the maps they have received or they have seen are merely conceptual everything can still be moved and is not necessarily depicted to scale.
Another major concern, he continued, was adequate noise and sight barriers. Clearly, he said, the Town's Planning and Zoning Commission, and Town staff, that nothing would be built at any of these neighborhood sites without these barriers being taken care of previously.
Lights and Public Address Systems - Mr. Zimmerman felt that if there was one fallacy in Town it's that every field in Town is lit. And, now, every new field in Town is going to be lit. In actuality, he continued, after having baseball in Town for about 50 years there are two lighted baseball fields at the Little League Complex; and two lighted softball fields at Rye Street Park. He stressed that if it was not the intent of the Town, or the Park and Recreation Commission, to light a facility then, in all probability, it will not be lit.
Traffic Studies and Inadequate Parking - Again, he said, there are other Commissions that must approve this Plan, as does the Traffic Division of the Police Department clearly, however, this was not within the purview of the Park and Recreation Commission.
The best thing learned from these Public Hearings Mr. Zimmerman felt was learned from those who spoke regarding neighborhood parks vs. organized sports complexes.
Mr. Zimmerman disputed the concept that once an issue has been defeated by 300 votes (in a Referendum) that means you can't ever come back. The needs this year, he said, are more than they were last year, and will be even more in (say) three years if they're not addressed.
Cost of Phase I - According to Mr. Zimmerman, was not discussed at these Public Hearings and they probably should have been. The cost to the average taxpayer for Phase I (in its entirety) was approximately $50/year to the average taxpayer. Mr. Zimmerman then went the Chart he had provided to the Council (a copy of which is attached as Exhibit C.)
Following Mr. Zimmerman's presentation, Mayor Aman said that he had asked the Town Planner to put together the history of the Lawrence Road property, and its intended use. He felt the information made it very clear that active recreation (in a variety of forms and shapes) has always been a part of this parcel's intended use, and for many years. He wanted to make it clear, in spite of any prior information provided, that only the wetlands in this area were intended to be left undeveloped. He said he would be very surprised if anyone in Town Hall had given the impression that the entire Lawrence Road parcel as slated to remain open space.
Mr. Zimmerman said he wished to correct the Chart attached to depict an additional category to Keep, Add, and Change and that would be a CLARIFICATION category which would include lights and PA System so that either of these on the Barton, Nevers, or Lawrence Road Properties would be a clarification since they never were intended for any of these locations.
Mayor Aman suggested that when this Chart is redone a horizontal column depicting, for instance, April Plan, etc. be included for Council's easy reference. Mr. Zimmerman said he would do this.
Mayor Aman then added that he was a lot happier with this Plan than that looked at a few weeks ago. He elaborated.
Following a short question period by Councillors, Mr. Galligan informed the Council that, in one week's time, Vollmer Associates (the Plan's architect) came up with about onine different scenarios. The reason, he said, that I-291 Corridor was looked at is because the Route 30 Interchange is going to be done in the I-291 Corridor; and, as part of that Interchange there will be an upgrading in the type of landscaping at that site now, additionally, it was felt that the sight of attractive recreational facilities at that location would also enhance the area. He did not feel that it was too far removed from the center of Town, and that every piece of property should be looked at in this instance.
No test borings or survey work have, as yet, been done in this area it has merely been presented to the consultant (Vollmer Assocs.) as another area to be considered. Using overhead slides, Mr. Galligan pointed out the various configurations associated with the size, placement, and planned enhancements of the athletic fields that could be included within this
I-291 Corridor site
Councillor Barbour interrupted at one point to ask the Town Manager if any concession stands or a restroom area were being planned for this location. Mr. Galligan replied that no water, sewer, or other utility work was being planned for this area at this time; however, that is something that could be considered by Council in the future. The sewer line, he added, could be a problem and could be expensive to bring to the site.
Saying that he continued to feel that the 30-acre Lawrence Road property was an area that should be developed with such such things as a picnic area, walking trails, two small soccer fields being proposed, open field for sandlot baseball, etc., a basketball court, playground in other words, a neighborhood park.
Mr. Galligan then took a few minutes to compare costs associated with the placement of different types of athletic fields at varying locations.
(During Mr. Galligan's presentation, Members of the Town Council were seated in the audience and not using microphones. Because of this, most of their questions during this period are inaudible.)
Mayor Aman thanked the Town Manager for the presentation. Although more planning is anticipated, the Mayor said that the important thing is that the Town Council's decision next week at the Special Work Session has to be to determine Is this something we want to send to the Architect for a more finalized-type design to actually vote on come September. He added that, speaking for himself, what was presented this evening is very close to a plan he could be happy with.
Councillor Fine stated that the I-291 corridor proposal seemed to be a perfect solution in terms of the neighbors, the neighborhoods, and the sports- players she was happy with the idea of a complex. She, too, however felt that consideration should be given to restroom facilities and a concession.
Deputy Mayor Streeter felt this was a lot of information to be handed to us tonight… on the I-291 Corridor Plan; and even though it would seem to be the end-all be-all he was of the opinion it may be a little too reactionary to the Public Hearing of last week.
The Deputy Mayor felt it was a little late for a massive overhaul of Phase I. He said he was not opposed to the idea of the I-291 Corridor use; however, he had planned this evening to come into the meeting with the idea of adding some things back into Lawrence Road to make it more of the park-like setting Craig had alluded to that wasn't only soccer but adding some things like a basketball court, picnic area, or an open field.
Referring to the suggestions that two (2) regulation soccer fields be moved out of Lawrence Road to the I-291 Corridor, the Deputy Mayor said he thought the Town might was to consider keeping one (1) regulation soccer field and two mid-size soccer fields at Lawrence Road. He did not feel that was that much resistance at the Barton property for having something developed there.
Mr. Streeter added that if the Town was going to spend the money for a lit field somewhere in Town, it may as well be at the I-291 Corridor; however, he again felt that this discussion item did not unfold as he had anticipated. Adding again that it did not mean he was opposed to the idea, the Deputy Mayor continued to feel that this evening's I-291 Corridor sports complex proposal was an entirely new concept brought to the Town Council for the first time this evening; and that more time was needed to examine the concept.
Craig Zimmerman added that it was his understanding that everything that would be located at I-291 Corridor would be litand that was why the fields mentioned as possible candidates for that location would be moved there--were it to become a viable location.
Councillor Delnicki, too, was of the opinion that the I-291 Corridor was an ideal location for any athletic fields requiring lights. He also mentioned the possible added plus of corporate sponsorship opportunities at that location. He felt the proposal deserved serious consideration.
Councillor Havens warned the Council that even though there are many people in the community who will support this type of recreational plan, Council has to be most careful that it doesn't overdue it expense-wise. The Councillor continues to feel that too grand a recreation plan on the ballot could meet defeat, again, if the Plan is too expensive for the taxpayers.
Mr. Galligan pointed out that this was one of the reasons he had prepared a schedule on the bonding. He pointed out that the Town would be taking off a lot of debt over the next couple of years. He felt that now was the time to add this proposal.
Councillor Barbour asked that a time schedule on the length of time it would take to accomplish what was proposed this evening be provided at next Monday's (7/8) Special Work Session. Mr. Galligan replied that the one thing he could tell her this evening that it's not going to be all done in one year. If the proposal is approved at Referendum this Fall, he continued, Council would be looking at two or three years before the fields are built and able to be used.
G. Discussion Item - Use of LoCIP Funds for Sidewalk Construction Around South Windsor High School-Ayers Road, Nevers Road
Mayor Aman said that two of the purposes for this proposal were to limit the number of people parking illegally along Ayers Road; and to be able to
transport people, on a safer basis, from the High School and Community Center around that area. The Mayor added that this Agenda would have to be amended to include a Public Hearing Notice in the near future, if Council is interested. He then asked Town Manager Matthew Galligan to explain, in general terms, what was being considered for this project.
Mr. Galligan said that if a sidewalk was constructed that could run along side the Ayers Road Baseball Complex to Wapping School where people could park and walk to the ballfield. The sidewalk, he continued, would follow along the High School field so that people could get from the Community Center parking lot to the High School.
Another problem being addressed by this proposed construction would be the parking of High School students all along Collins Crossing and at various locations on Ayers Road. He hoped the proposed sidewalk should resolve this problem area.
In an effort to sum up, succinctly, the purpose of these sidewalks, Councillor Delnicki estimated that the Council would be creating a sidewalk linkage between Wapping School, the High School, the Duprey Field Complex, the Community Center, and Nevers Road Parks so that there was a way to walk, safely, from one location to the other, and share the parking resources located at each location. Mr. Galligan said that was correct.
Councillor Havens again asked the Town Manager to consider thing these sidewalks to those already present along Sullivan Avenue near Ayers Road, along the retail stores area. He felt many young people walked this route.
Mayor Aman asked the Town Attorney, during the next item, to work up the wording for a Public Hearing Notice to be scheduled for July 15 on the placement of sidewalks in the area previously discussed. He then asked Town Manager Galligan to work with the Town Attorney to word the Notice in such a way that there is no confusion among the public as to where these sidewalks are to be located.
H. Resolution Seeking Assistance from U. S. Senators Christopher J. Dodd and Joseph Lieberman, and U.S. Representative John B. Larson, for Federal Legislation Exempting Tax Abatements for Volunteer Fire and Ambulance Personnel from Federal Taxation
WHEREAS, Ordinance No. 158 regarding a tax abatement for South Windsor Volunteer Fire and Ambulance Personnel was adopted by the Town Council at its Regular Meeting of September 21, 1999, pursuant to an abatement program established by the State Legislature by Public Act No. 99-272; and
WHEREAS, the Town had acted under this Ordinance in providing tax abatements to South Windsor Volunteer Fire and Ambulance Personnel over the last several years; and
WHEREAS, the Internal Revenue Service (IRS) issued a tax ruling, after passage of the Ordinance, determining that tax abatement programs such as the one created by State Statute and Ordinance No. 158 are now taxable, requiring the personnel receiving the tax abatement to pay taxes on that amount and requiring the Town of South Windsor to withhold taxes and FICA from such payments; and
WHEREAS, the town Council was forced to repeal Ordinance No. 158 at its Regular Meeting of June 3, 2002 in light of the IRS tax ruling; and
WHEREAS, it is the intent of the South Windsor Town Council to revise and reinstate Ordinance No. 158 as soon as possible during the fiscal year 2002-2003, as soon as a new program can be developed which carries out the intent of the original tax abatement program without the tax consequences created by the new IRS tax ruling; and
WHEREAS, there are numerous efforts throughout the State to revise the tax abatement statute and/or tax abatement ordinances, or to create similar programs which would not be taxable to the personnel or require the Town to pay FICA and withhold taxes pursuant to the IRS directive, but any changes will require Federal assistance because the IRS is a Federal Agency; and
WHEREAS, the Town Council wishes to enlist the assistance of its Federal Representatives to initiate Federal legislation or agency regulations which would exempt such tax abatement programs from Federal taxation
NOW, THEREFORE, BE IT RESOLVED that Town Manager Matthew B. Galligan is authorized and directed to correspond immediately with U.S. Senators Christopher J. Dodd and Joseph Lieberman, and U.S. Representative John B. Larson, advising them of this Resolution and the problem outlined therein, and seeking their immediate assistance in initiating Federal legislation or agency regulations which would exempt tax abatements for volunteer firefighters and volunteer ambulance personnel from Federal taxation.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Streeter
Councillor Havens asked the Town Manager if he had thought of an alternative plan in the event this request does not work. Mr. Galligan said that there are many ways to compensate; however, in all ways, it will be taxable to them. Councillor Havens then asked how much time the above-mentioned Legislators would be given to respond to the Town's request. Congressman Larson, according to Mr. Galligan, is already working on this problem.
Councillor Delnicki explained that this Resolution neither halts the activities of the Committee that is looking into the issue; nor supersedes their actions. This is just an additional avenue to try to settle this issue and try to get the IRS to do what is right.
Mayor Aman then called for a vote on the Resolution. It was approved six Ayes to 1 Abstention, on a Roll Call vote, as follows:
Councillor Barbour Aye
Councillor Fine Abstained (Because of a Conflict of Interest)
Councillor Burnham Aye
Councillor Havens Aye
Councillor Delnicki Aye
Deputy Mayor Streeter Aye
Mayor Aman Aye
Deputy Mayor Streeter moved to Suspend Council Rules to add a Resolution setting a time and place for a Public Hearing regarding the installation of sidewalks on Ayers Road and Nevers Road. The Motion was seconded by Councillor Delnicki; and approved, unanimously.
I. Resolution Setting the Time and Place for a Public Hearing Regarding the Installation of Sidewalks on Ayers Road and Nevers Road
BE IT RESOLVED that the South Windsor Town Council sets Monday, July 15, 2002, at 7:00 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 sidewalk improvement plan to install sidewalks on Ayers Road (from Nevers Road to Sullivan Avenue), and on Nevers Road (from Ayers Road to Collins Crossing).
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued)
Mayor Aman said there was one item he had forgotten. He asked the Town Manager to contact the Post Office Advisory Committee and inform them that the Post Office is no longer picking up mail from the boxes at Westage Condominiums; and they have not placed a mailbox out front. One individual living in this complex was told if she wanted to mail a letter To drive to the Post Office.
ITEM:
20. Executive Session - None
21. Motion to Adjourn
At 10:30 p.m., Councillor Delnicki moved to adjourn the meeting; it was duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (EDC Resolution Letter and Proposal -
DST Output Tax Partnership)
Exhibits A., B., C., and D.
