TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 October 21, 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 Lassman Fisher/Judith Paquin
Councillor Edward Havens
Councillor John Pelkey
Councillor Deborah Fine
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Before officially calling the Regular Meeting to order, Mayor Aman read two Proclamations: The first was a Proclamation recognizing Fred Edlund, who was chosen a recipient of Connecticut’s 2002 Public Service Awards; and the second was a Proclamation recognizing Human Services Director Dennis Sheridan being named 2002 Youth Services Administrator of the Year. State Representative Nancy Kerensky came forward to Citation congratulate Fred Edlund for his Award; and to read and present Dennis Sheridan with a “Citation” from Connecticut’s General Assembly.
The Mayor then asked Don Mercure, President of South Windsor’s Little League, to come forward to assist him in the distribution of Certificates of Recognition to 27 South Windsor Little Leaguers, their Managers, and their Coaches. Prior to the distribution of these Certificates, Mayor Aman asked Mr. Mercure to explain why these Little Leaguers were receiving these Certificates. Mr. Mercure told the listening audience that South Windsor had two “All Star Teams” this year—one entered in the 9-10 Division Baseball; and one entered in the 9-10 Division of Softball. Both teams, Mr. Mercure reported, won the District 8 Championship; and he commented on the dedication it takes on the part of the players and their parents to achieve this goal.
At 8:20 p.m., Mayor Aman called the meeting to order; and following the Prayer and Pledge of Allegiance, and the Roll Call, a Motion was made by Deputy Mayor Streeter, seconded by Councillor Havens, and was unanimously approved to move Agenda Items 16. A., B. and C.. up to this point in the meeting.
.
ITEM:
16. Unfinished Business
A. Councillor Lassman Fisher addressing Members of the Town Council and the Citizens of South Windsor
(Councillor Lassman Fisher, after stating that she had served four and one-half “terms” on the Town Council—two as Mayor. She wanted to state for the record that “this has been the experience of a lifetime.” The Councillor then provided some history related to her tenure on the Town Council, and those in local, State, and Federal government whom she had met and dealt with as the Town’s Mayor.
(The important events that had occurred during her service on the Town Council, and the realization and successful completion of projects of major proportions such as the locating of a “fuel cell” in South Windsor High School were also referred to by Councillor Lassman Fisher. The Councillor stated that her most cherished memories would be the time she had spent with the people of this community—i.e., attending Eagle Scout Awards, Girl Scout Gold Awards, Senior Citizen luncheons, and spending time with South Windsor’s children, reading to them in schools—to name a few.
(Councillor Lassman Fisher then thanked the Town Attorney, the Town Manager, the Town staff, past and present Members of the Town Council, the Clerk of the Council, and the people of South Windsor. )
Following the Councillor’s comments, Mayor Aman read a letter he had received from Councillor Fine who could not be present this evening, wishing Councillor Lassman Fisher good luck in her new pursuits. Also thanking the Councillor for her years on the Council, and extending to her their best wishes in her new role as Probate Judge were Mayor Aman, Councillor Havens, Councillor Pelkey, and Councillor Delnicki.
ITEM:
16. Unfinished Business (Continued)
B. Appointment of Judith E. Paquin (D) to the South Windsor Town Council Effective October 21, 2002 to Fill the Unexpired Term of Marianne Lassman Fisher
BE IT RESOLVED that the South Windsor Town Council appoints Judith E. Paquin to the Town Council for a term expiring November 10, 2003, to fill the unexpired term of Marianne Lassman Fisher.
Was made by: Councillor Lassman Fisher
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
C. Swearing-In of Judith E. Paquin (D) as a Newly-Appointed Town Councillor
(Town Clerk Gretchen Bickford came forward and swore in Judith E. Paquin as a Member of the South Windsor Town Council for a term expiring November 10, 2003.)
Before proceeding to Agenda Item 5. Public Input, Mayor Aman informed the public that there was one person present to speak on a subject other than the upcoming Referendum Question and he asked that this person be allowed to proceed first.
The Mayor also reminded the audience that there was a “Speakers” sign-up sheet in the rear of the Chambers, and he requested that those wishing to speak on the Referendum Question sign up under either the “for” or “against” list because he would be alternating between the two lists. Pointing out that he already had about 30 people listed to speak, Mayor Aman asked that each person limit their remarks and try not to repeat what prior speakers have said.
Mayor Aman also reminded the public that comments made under “Public Input” are “one sided—you talk, we listen. Any Councillors wishing to address any topic, including the Referendum Question, could do so under “Communications.”
ITEM:
5. Public Input
Speaking first was Mr. Robert Conway, 258 Benedict Drive, who would address the Town Council as First Vice President of the “Avery Heights Water Association (a community water utility that services 216 homes in South Windsor).
Mr. Conway said he was present this evening to bring to Council’s attention two matters he believed represent “unfulfilled obligations” by the Town. Referring to documentation he had previously provided to the Town Council, he asked for the opportunity to recap a few points contained therein.
As background, Mr. Conway said that, in 1972, when the Town wished to construct a sewage pumping facility in the Benedict Drive area, it was unsuccessful in acquiring land for that purpose. At that time, he continued, a representative from the Avery Heights Water Association came forward and offered the Town an “easement” on the water company’s property if, in exchange, the Town would “size” its sewage pumping station’s emergency diesel facility to accommodate the water company’s emergency power capabilities in the event it were ever needed.
At a March 1972, that proposal was made to the Sewer Commission, accepted by the Commission, and the Town Attorney instructed to pursue the matter—both in terms of the Easement, and looking into the provision of the emergency power. In May of 1972, he added, the Easement was signed and recorded in the Town.
Until 1983, when there was a 10-day disruption in power service to the Benedict Drive area, according to Mr. Conway, no one paid much attention to whether or not Avery Heights could actually make such a “hook-up.” Actually, at that time, he said they discovered they could not—the emergency diesel facility was not in place.
In 1991, by separate correspondence from the Town of South Windsor, Mr. Conway said, the Water Company was approached to see if it could provide “water service to that sewage pumping facility. Again, he said, trying to act as a good neighbor, Avery Heights Water Assoc. agreed to provide, free of charge to the Town, water service to that facility. However, he added, at that time the “unfulfilled agreement” of 1972 was again brought to the Town’s attention. And, by the way, he added, the Water Company has now been provided free water to that facility for over 10 years.
ITEM:
5. Public Input (Continued)
Continuing, Mr. Conway said that, in 1996, “without any real action being taken,” the representatives of the Water Company approached the Town’s Engineering Department and the Sewer Commission to try to get attention to this issue. He said that they have had several meetings, the water company has purchased equipment, and received assurances that the new facility recently completed by the Town was “again going to be sized in order to provide that kind of emergency service;” however, he added, as of this date there has been no movement “other than draft paper” that has made an operable linkage that’s going to provide that service.
That, according to Mr. Conway, constituted the first item—“an unfulfilled obligation that’s 30 years old.”
The second matter, he went on to say, was that in the construction of the new sewage facility that has been operating for about a year and a half, the Town “significantly exceeded” the original Easement; and is, he added, trespassing on private land in the operation of that facility.
In summary, Mr. Conrad said, his purpose for being present this evening is to request the assistance of the Town Council to move forward whatever activities they are empowered to do to bring to resolution these two matters.
The Mayor thanked Mr. Conrad for bringing this matter to Council’s attention; and asked the Town Manager and Town Attorney to bring this back to Council as a “discussion item” on an upcoming Council Work Session as soon as the Water Pollution Control Authority has provided a report on this matter.
Mayor Aman then began to call forward to speak those people who had signed up to do so—careful to alternate between those “for” and those “against.” The following people spoke:
Roy Normen, Homestead Drive
Rob Murphy, 64 Perrin Lane
Gene Jay, 18 Carey Lane
Alexandra Weil, 50 Vincent Circle
Eileen Redden, 1 Clover Drive
Kevin Martin, 170 Pine Knob Drive
ITEM:
5. Public Input (Continued)
Doug Manion, 57 Riverside Drive
Dennis Entwistle, 16 Perrin Lane
Steven Lines, 43 Wedgewood Lane
L. N. Odams, 27 Chatham Lane
Tom Lines, 43 Wedgewood Lane
Carol Mitnick, 81 Clifford Drive
David Hodge. 983 Murielle Drive
Alan Witkin, 64 Lawrence Road
Marc Glass, 406 Quarry Brook Drive
David Krupa, 70 Perrin Lane
Wayne Dalesio, 45 Perrin Lane
Janice Snyder, 191 Bourbon Street
Art Sladyk, 89 Pierce Road
Mike Bienkowski, 2422 Ellington Road
Mark Duclos, 94 Berle Road
Mike Pease, 197 LeFoll Boulevard
Craig Zimmerman, 3A Amato Drive
Mark Sluboski, 226 Lisa Drive
Don Mercure, 107 Mark Drive
Pete Keilich, 239 Kent Lane
Marge Anthony, Pleasant Valley Road
John Panora, Nevers Road
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings - None
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible
to Council - None
ITEM:
10. Communications and Reports from Town Manager
Mr. Galligan brought the following items to the Council’s attention:
Bonnie Rabin had been appointed Collector of Revenue, replacing Ed Moniz who has retired; and, following this, Cheryl Schaefer has been promoted to Deputy Tax Collector.
He reported on a recent “tabletop exercise” at South Windsor High School to look at a “mass casualty drill” for the region. There were about 150 people in attendance at which South Windsor was tested in a scenario following an airplane crash at the High School held at different times and involving different age groups. Another scenario was depicting “first responders” as being the casualties; etc.
With regard to this exercise, the Town Manager felt it pointed out the very real need for a “central dispatching system” in this area.
Councillor Delnicki, who was present at this tabletop exercise, echoed the Town Manager’s feelings regarding the success of the drill; and the need for a regional dispatching system.
Councillor Pelkey informed the listening public that two Town employees had been chosen as the “Employees of the Year.” From the ranks of Union employees, Barry Scanlon in Building Maintenance had been chosen; and from the ranks of Management, John Marchesseault from the Data Processing Department.
Councillor Barbour inquired about the Town’s precautions with regard to the “West Nile Virus.” She mentioned the retention and detention basins around Town where mosquito larvae could develop; what were the Town’s “record-keeping” methods with regard to this virus; and was there a place in Town where a resident could learn where mosquito “spraying” might be occurring, and how often.
Mr. Galligan explained to the Councillor and the listening public a program begun 2-1/2 years ago when the West Nile Virus first came out. What was decided, at that time, was to employ “larvae control”—which consisted of the insertion of “cakes” into every catch basin in Town that would employ this control.
ITEM:
10. Communications and Reports from Town Manager
“Spraying” is not an alternative to killing mosquitoes, he said; the best method to controlling mosquitoes, as determined by the DEP, is to get them in the larvae stage. Mr. Galligan said that this control program is “budgeted” every year; and there are four people from Public Works trained to carry out the insertion of the “cakes” in the catch basin; the method has been certified by DEP; and is a program overseen by the Town’s Environmental Health Officer Bob Deptula—who, in turn, reports to the Town’s Health Officer Dr. Gerald Schwartz.
Saying that South Windsor is one of the few communities that start their prevention program by attacking mosquito larvae, Mr. Galligan reiterated that the Town was taking every precaution possible to eradicate the mosquitoes before they hatch.
Councillor Barbour then asked the “life” of the chemical being used; and where residents could seek, within Town government, information and assurances with regard to their particular area of concern. Mr. Galligan replied that the chemical had to be replaced every 6 to 8 weeks; and records with regard to where and when the problem was being addressed could be obtained from Robert Deptula, Environmental Heath Officer, with offices in the Town Hall. Also available at Town Hall, he said, were pamphlets informing homeowners how best to make certain that receptacles of standing water, and other breeding areas for mosquitoes, were eliminated from around residents’ homes.
Atty. Guliano then informed the Councillor that, this year, that program was expanded to include catch basins “on private property of the condominium associations.” The Town, he added, actually received permission to go onto that private property to further extend its prevention program against this virus.
Councillor Havens, referring to a Memorandum received from SWALPAC regarding honoring Sherwood Waldron by naming some part of his property after him, said he thought the Town Council should take this subject up; and he “wholeheartedly” endorsed this proposal.
Councillor Delnicki then interjected, as a point of order, that he had already requested that at least a portion of the Work Session on November 18 be devoted to addressing this issue.
ITEM:
Deputy Mayor Streeter then made a Motion to move Agenda Items 16. D., and 17. A., B., C., and D. to this point on the Agenda. The Motion was seconded by Councillor Burnham, and was unanimously approved.
D. Appointment of Daniel Rys (R) as an Alternate to the Economic Development Commission
BE IT RESOLVED that the South Windsor Town Council appoints Daniel Rys (R) as an Alternate to the Economic Development Commission for a term ending November 30, 2005.
Was made by: Councillor Delnicki
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
17. New Business
A. Resolution Approving a Tax Refund to 31 South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to Thirty-One (31) South Windsor taxpayers, said refunds totaling $5,214.83, and as shown on attached Exhibit A.
Was made by: Councillor Barbour
Seconded by: Councillor Pelkey
The Motion Was: Approved, unanimously
B. Resolution Introducing a Proposed Ordinance Establishing Inspection Fees for Subdivisions and Site Developments; and Setting a Time and Place for a Public Hearing on Same
BE IT RESOLVED that the South Windsor Town Council introduces a proposed Ordinance establishing inspection fees for subdivisions and site developments as shown on attached Exhibit B., a copy of which is on file in the Office of the Town Clerk; and
BE IT FURTHER RESOLVED that the South Windsor Town Council sets Monday, November 4, 2002, at 7:45 p.m., in the Council Chambers of the South Windsor Town Council, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing regarding same.
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
(A copy of the proposed Ordinance was distributed by Town Atty. Guliano to the Members of the Town Council during this meeting; and is attached as “Exhibit B,” and made a part of these Minutes.)
Was made by: Councillor Burnham
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
C. Resolution Authorizing a Tax Assessment Agreement between 19 John Fitch Blvd II, LLC (d/b/a Between Rounds) and the Town of South Windsor
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 19 John Fitch Blvd II, LLC (d/b/a Between Rounds) to construct a 6,400 sq. ft. building on property located on 19 John Fitch Blvd., South Windsor, Ct., at a cost of approximately $1,000,000 for land and building improvements, said building to consist of 2,800 sq. ft. Industrial/Lt. Manufacturing, 1,900 sq. ft. Business, and 1,700 sq. ft. of Restaurant and Retail space
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and 19 John Fitch Blvd. II, LLC (d/b/a Between Rounds) reducing the amount of the assessment of the new building, which is estimated at $245,000 based upon estimated building improvements, by 50% for a period of three (3) years; therefore, the estimated assessed value of improvements
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
to the real property would be $122,500 for a period of three (3) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in its upcoming revaluation, in which case the assessed value of said improvements to the real property shall be reduced by 50% of said assessed value after revaluation; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers 19 John Fitch Blvd. II, LLC (d/b/a Between Rounds) this Tax Assessment Agreement upon the condition that the business shall (1) meet, and agree to, the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, 19 John Fitch Blvd. II, LLC agrees to refund to the Town of South Windsor all of the assessed abatement(s) described herein which the Company has received.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Streeter
Town Manager Galligan mentioned, at this time, that the Town Council usually receives a report on the “personal property” of the company being considered for a tax abatement. He said that, in this instance, the company will not have this information until the “franchise company” lets them know what “they expect of them.” What is known, he added, is that there’s a minimum of $50,000 to $100,000 of personal property—however, what is not known is whether or not this branch of the company may turn out to be the “regional facility for the franchise;” in which case, he added, the personal property could go as high as $500,000.
Mr. Galligan clarified the fact that, when this information is known, “it will be a part of the Agreement when the final Agreement is made.”
Councillor Burnham reminded the Town Attorney that during the Discussion Item on this particular tax abatement agreement at the last Town Council meeting, he had requested, and hoped to see this evening, the “employment levels” for this company. He asked Atty. Guliano if he was aware of the actual figures on this—or even an estimated percentage.
ITEM:
17. C. (Continued)
Atty. Guliano said that he did not have those levels of employment; however, he reminded the Councillor that the process calls for the “drafting” of an Agreement after a Resolution such as this is approved. At that time, he added, the Town would receive “specifics;” and that is why, at this juncture, he had used the term “at current proposed levels.”
Councillor Burnham then requested that when the “specifics” are received, he wished to receive a copy.
Councillor Barbour asked the Town Attorney to amplify the comment he had just made regarding the “equipment from the franchisee” aspect of this transaction. It was her understanding that the principals located at that site were the “owners,” and would hold the franchise. Town Manager Galligan replied that although they are the owners of that site, there are other people who own “Between Rounds” which they franchise out. What was now being considered, he added, and at the request of the other owners is that the entire operation be “centralized,” and supplies be provided by that central location.
Mayor Aman then asked for Motion to extend this Regular Meeting beyond 11:00 p.m. in order to address and vote on Agenda Items 17. C. and D. Deputy Mayor Streeter so moved; it was seconded by Councillor Pelkey; and approved, unanimously.
Mayor Aman then called for a vote on Agenda Item 17. C. The Motion was approved, unanimously.
ITEM:
17. New Business (Continued)
D. Resolution Approving the Transfer of $4,620 from Contingency Account to the Town Council’s Professional Account
(Deputy Mayor Streeter)
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $4,620 from Contingency Account Number 1910-9001-390 to the Town Council’s Professional Account Number 1111-1110-320, to cover the cost of the printing and mailing of the explanatory text for Referendum Question #1 to be voted on at the municipal election to be held November 5, 2002.
Was made by: Deputy Mayor Streeter
Seconded by : Councillor Pelkey
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
21. Motion to Adjourn
At 11:05 a Motion to Adjourn was made by Deputy Mayor Streeter; was duly seconded; and unanimously approved.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (Exhibits A. and B.)
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