TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 April 21, 2003
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 Judith Paquin
Councillor Edward F. Havens
Councillor John Pelkey
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Aman called the Regular Meeting to order at 8:00 p.m.; immediately recessed it in order to continue the Work Session, and reconvened the Regular Meeting at 8:45 p.m.
ITEM:
5. Public Input
James Throwe, 1330 Main Street, said he wished to speak to two Items on the Agenda—1) Agenda Item 17. E. a Discussion Item regarding the “Status of the Juknis Lease. Mr. Throwe reminded Council that he had written a letter to the Town as the Attorney for Della and John Mitchell. This letter, he continued, reiterated the fact that he and John and Della Mitchell had wanted to make certain that the Town had followed the “Agreement” it had made with the Mitchells that this land is to be “Open Space” and had been sold to the Town “at a reduced price” because of that designation.
The second item Mr. Throwe said he wished to address was Agenda Item 17. A. – a “Resolution Approving the Renaming of the South Windsor Community Center to the Charles N. Enes Community Center.” He said that he had been a “close personal friend of Mr. Enes”; and it was his opinion that “Charlie Enes was the finest Town Clerk in the State of Connecticut.” Mr. Throwe then went on to confirm those qualities associated with Mr. Enes that are enumerated in the Resolution. He urged the Council to approve the Resolution and bestow this honor on Mr. Enes in memory of his 40 years of service to the Town.
ITEM:
5. (Continued)
Next to speak was Lyman Maytubby, 16 Lake Street, who said he was present to talk about the budget. Saying he has followed this year’s televised budget deliberations in South Windsor, Mr. Maytubby mentioned other area Towns’ “dramatic success” with refinancing their debt; limiting the hours of some of their Departments, or even their number of days of operation; and other measures taken by these Towns, such as seeking reductions in wage deliberations and/or increases in employees’ contributions to their benefits; or delaying increases in employees salaries for several months.
According to Mr. Maytubby, still other Towns are “reducing staffing levels and/or instituting a freeze in hiring.” He urged the Town to sell Union School since it had no historical value; and consider one (1) leaf collection each year rather than having two or three collections, and rather than eliminating a very popular program entirely.
He concluded his remarks by stating that he felt that the Town Council, in the last couple of years, has “lost touch with the majority desires of its residents; and with the fiscal realities that face its Seniors and retirees.” He pointed out that three (3) of the last four (4) Referendums have been rejected; and that, he added, should have sent a message to the Town Council.
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of February 18, 2003; Public Hearing of February 18, 2003 (re. “Proposed Ordinance Establishing citation Procedures and Fine for Inland-Wetlands and Watercourses Violations”); Regular Meeting of February 18, 2003; Work Session of March 3, 2003; Public Hearing of March 3, 2003 (re. Application for Funds through the Neighborhood Assistance Act Program); Public Hearing of March 3, 2003 (re. Amendment to Code of Ordinances applying to Finance Department Personnel);
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Robert Moeller, Chairman of the Patriotic Commission, reported that this year’s “Picnic in the Park” in observance of Armed Forces Day would be held on Saturday, May 17, at 6:00 p.m. Mr. Moeller pointed out that because of the hard winter, the Town’s “Contingency Fund” was depleted—thus leaving no money for the purchase of fireworks for that day. However, Jim Throwe, another member of the Patriotic Commission, he said, had solicited donations for this purpose; and, to date, had received approximately $4,100 toward that expenditure; however, $7,500 is needed.
Next, the Chairman reported on the Town’s Memorial Day Parade which will be held on Monday, May 26, 2003, starting at 10:00 a.m. from South Satellite Road, with ceremonies following at Veterans’ Memorial Park at approximately 10:45 p.m. During this year’s ceremony, he added, the Commission will be presenting the “Korean War Service Medal” to four (4) South Windsor residents. This medal, he added, is awarded by the South Korean Government.
Mr. Moeller then updated the Council on the progress of the “Memorial Terrace” at VMP. This year, he said, they would be adding a bronze plaque recognizing those donors who contributed toward the successful completion of this project; as well as adding 40 to 50 newly engraved bricks along the walk.
South Windsor residents, presently serving on active duty, will be recognized in the lobby of the South Windsor Town Hall in a glass case next to the Town Clerk’s Office. He urged residents who had a family member currently serving in the Armed Forces to send a picture of this family member, his or her name, address, and where they are currently serving.
The “Blue Star Banner” formerly used during World War II in the windows of homes that had a family member serving in the Armed Forces. These banners will be furnish to South Windsor families with someone serving in the Armed Forces, free of charge, will be provided by the American Legion, Post 133 in South Windsor.
ITEM:
9. Communications from Officers and Boards Directly Responsible to Council (Continued)
Next to speak was Terri Dickey-Gaignat, Patriotic Commission and Chair of that Commission’s “Student Essay Contest.” Ms. Dickey-Gaignat reported that the Commission had received over 400 essays as entries to the Contest—266 elementary entries; 116 Middle School entries; and 18 from South Windsor High School—including two essays from South Windsor students attending other than SW High School.
Continuing, Ms. Dickey-Gaignat said there would be six (6) Winners this year: Three (3) for the First Prize Category of a $200 Savings Bond. Also this year, she added, there will be an “Honorable Mention” category.
Mayor Aman, too, felt that it was “outstanding” that the Commission had received such an overwhelming response to the Contest.
When asked by Deputy Mayor Streeter what this year’s topics were, Ms. Dickey-Gaignat explained that (1) at the elementary school level the topic was “What is a Veteran?” At the High School level the topic was “What is the United States’ Role as Peacekeepers?”
10. Communications and Reports from Town Manager
Mr. Galligan said that one item he wished to report on, a copy of which was included in Council’s packet, was a “thank you” letter to Councillor Edward Havens for his generous $1,500 contribution toward the Town’s “Easter Egg Hunt.”
Other topics addressed by the Town Manager included the fact that Council’s recent packet had included certain budget information previously requested by Members of the Town Council--i.e., regarding “Fees & Memberships,” and “Professional Services.” Also, he reminded the Council that this Friday (4/25), at 11:00 a.m., at Fire Headquarters, U.S. Senator Christopher Dodd, and U.S. Congressman John Larson would be meeting with interested parties to discuss “tax exemptions for firefighters” concerning their volunteer time under a State Statute. He said that Senator Dodd has now submitted new legislation he wished to discuss with those interested.
ITEM:
10. Communications and Reports from Town Manager (Continued)
The Town Manager then addressed the subject of “Homeland Security,” and the fact that, this evening, one speaker had questioned the fiscal wisdom of securing i.e., the Town Hall and other public buildings at this juncture. Mr. Galligan added that “we do things because people ask us to do things; because they have a sincere indication of things going on in the nation.
Councillor Havens, referring to the new “security” measures taken in the Town Hall, enumerated his concerns. The first being the “business unfriendly” atmosphere now prevalent as one entered the Town Hall through the front foyer. With all the individual offices doors now being closed around a foyer that is “too dark,” the Councillor felt that something had to be done to restore the-friendly atmosphere—if only by seeing to it that the foyer becomes “well lit.”
Continuing, Councillor Havens questioned how secure the Town Hall could be if, regardless of the closed doors to the individual offices, none of them (nor any of the outside doors) were locked all day. Mr. Galligan explained that the reason for the closed doors is because an “automatic closer has been installed in each door; and the next step is to acquire a “locking system” on those doors that can be initiated from the inside. That, he added, is the next phase of the project.
The Town Manager noted the security measures in place at the Federal Buildings, the State Capitol, large manufacturers such as Pratt & Whitney, etc. Mr. Galligan stated that “doors don’t make it unfriendly; people make Town Hall friendly or unfriendly.” He felt that once the public entered the individual departments the friendly greeting received there was what was most important.
Mr. Galligan said that, perhaps, the next step would be to hire a “greeter” to be located in the foyer to greet and direct visitors to the right Department(s). He pointed out that the Towns of Vernon, Manchester, and Windsor each have only one (1) door open to the outside; they issue “Visitor” passes; and ask that visitors “sign in and sign out.”
Councillor Havens, noting that the Town Manager and Town Hall employees are identified with these badges, asked about people entering the Town Hall who are not identified. He asked Mr. Galligan what was to be done about that. Mr. Galligan responded that then would be the time for the Council to give him more money to hire a “greeter.”
ITEM:
10. Communications and Reports from Town Manager (Continued)
Again, Councillor Havens stated that the foyer “looks like a dungeon;” and to please increase the wattage of the lighting in that area. Mayor Aman, too, said that he had noted that visitors were hesitant to just walk into a particular office. He asked that some type of “Please Walk In” sign be placed on each Department’s door. Mr. Galligan said he would take care of both of these things.
Councillor Delnicki asked the Town Manager if he had a specific plan for phasing in all of these measures. Following Mr. Galligan’s affirmative response, Councillor Delnicki asked that he share this information with the Town Council some time soon.
11. Reports from Standing Committees - None
12. Reports from Temporary Committees
Councillor Delnicki reported that the Naming of Public Lands and Buildings Subcommittee of the Town Council had met on April 17. Following that meeting, he said, a final “draft” copy of their recommendations were forwarded to Town Attorney Guliano for his review prior to their being presented to the Town Council.
Another item discussed at this meeting, according to Councillor Delnicki, is a “possible list” of proposed names for the Kelley/Waldron/Willard Open Space property. Under consideration, initially, he said were: “Podunk Park;” “Stoughton Park;” “Wapping Historical District Park;” and a “Remembrance Volunteer Park.” The Subcommittee, he added, was still awaiting recommendations from the Town Historian.
The Councillor then asked the Mayor what timeframe Council was looking at for receipt of these recommendations. Mayor Aman responded that, he felt, June or July of this year would be appropriate.
13. Communications and Petitions from Council
Councillor Barbour, saying that she wanted to share an idea with everyone that she had been considering for some time that would provide a “far greater impact than any of the line items discussed by Council this evening.
ITEM:
13. Communications and Petitions from Council (Continued)
Councillor Barbour then went on to read a statement she had authored regarding not only the low interest rates currently in effect for bonding—3.95% as opposed to the average of 5.36% the Town is currently experiencing; averaging; but the fact that the Town should consider “bonding” for road repair and reconstruction.
She felt that, considering the condition of the roads in Town, the Council could no longer ignore this public safety issue. Soon too, she added, the Town would be forced by GASB-34 to give a full accounting of the value of all of our roads in order to obtain an unqualified opinion on our financial statements.
Councillor Barbour felt the Town should use this interest rate opportunity to obtain “cheap financing.” She said that the Public Works Department has indicated that the total cost to repair, etc. all roadwork projects identified by them, to date, would run “just over $7 million.” The Councillor stressed that the money the Town could save by borrowing this $7 million at today’s interest rate of 3.95% (vs. 5.36% the Town has been paying). for a 20-year period, is over
$1 million.
Another important factor, according to Councillor Barbour, is the fact that the Town “can bond this today; and begin these projects tomorrow using the money as the work progresses. The “beauty” of this plan, she added, is that the Town only borrows what it needs, when it needs it.
Concluding, Councillor Barbour suggested that although the Town will never be able to eliminate the cost of taking care of its roads it can purchase this “safety net” today. Lastly, she added, the Town should allocate, up front, how the money should be spent so that future Town Councils and Administrators cannot change this Council’s and administrators’ directives.
If the Town Council agreed with this concept, Councillor Barbour asked that the Town Attorney contact our Bond Counsel to “draw up a Resolution for a Council meeting of May 19 to go to a public Referendum to “bond up to $7 Million for road improvement projects.”
ITEM:
13. Communications and Petitions from Council (Continued)
Mayor Aman felt that there should be at least one, perhaps two, Work Sessions prior to the 19th to discuss this. He added that another concept already broached was that this type of thing be handled the same way as our “Open Space” program—having a pool of money available for the purpose stated; and then, as each project came up the Town Council would have the opportunity to discuss it again.
Also reminding everyone that this would require a Referendum and voter approval, Mayor Aman stated that this is something Council would have to take a serious look at and convince the public of its value.
Mayor Aman asked Councillor Barbour if she had addressed the “refinancing” of current bonds. The Councillor responded that a few weeks ago the Town Manager had said he would look into doing that.
Mr. Galligan, in response to Councillor Havens’ question, said that the Town had one bond that would be eligible for refinancing and that was the bonding for the Timothy Edwards Middle School project from 1997. These bonds, he added, are “callable” May 2nd; which means that he could go for refinancing on May 17.
Mr. Galligan also informed the Council that the Town “could not extend the years of the bonding;” however, you can restructure the payments of the bonds. Between the savings in interest, and restructuring, the Town could realize a savings of about $268,000 in Debt Service cost next year—the following year, $245,000; and the year after that another $245,000.
In conclusion, Mr. Galligan said that he planned to initiate this process on May 19. When asked by Councillor Havens if this refinancing plan would impact the upcoming Town Budget for Fiscal Year 2003/2004,. Mr. Galligan said it would. A brief discussion then ensued regarding where these savings would best be retained or utilized—would they be used to lower the “bottom line figure of the Budget;” be placed in Capital and Non-Recurring Expenditures and used as needed; etc.
ITEM:
13. Communications and Petitions from Council (Continued)
Councillor Pelkey then brought up the fact that more letters had been received by Council regarding the “leaf pick-up program.” He announced, again, for the public’s information that “bagged leaves” would again be picked up on two specific dates—April 26 and May 3, and to please put the bagged leaves out to the curb.
Referring to the number of letters from residents in recent days, Mayor Aman commented on their content—most of which seemed to deal with the upcoming Budget. He wanted the residents to know that these letters are copied and distributed to all the Town Councillors, who then read them and make special note of the public’s concerns.
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business None
17. New Business
A. Resolution Approving the Renaming of the South Windsor Community Center to the “Charles N. Enes Community Center”
WHEREAS, Charles N. Enes moved to South Windsor when he was in the 8th Grade, continued through its schools and was in Ellsworth High School’s first graduating class in the year 1937; and
WHEREAS, “Charlie’s” love of flying and devotion to duty led to his membership in 1940 in the Air National Guard and continued on through Air Cadet training, graduation from Primary Flying School in Florida, and receiving his “wings” and promotion to 2nd Lieutenant; and
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
WHEREAS, Charles N. Enes continued to serve his country with courage and honor during the Second World War as a B17 Pilot serving in England in the 407th Bomber Squadron of the famed 8th Air Force, where he completed nine (9) Combat Missions before being shot down over Germany in 1944, and as a wounded Allied pilot became a Prisoner of War of the German Army until freed by the Russian Army in May of 1945; and
WHEREAS, Charles N. Enes became a “highly decorated” member of the Armed Forces who, by the end of World War II was the recipient of the following decorations: Purple Heart, Air Medal, European Theatre-3 Battle Stars; American Theater-1 Battle Star; and as a Prisoner of War; and who, in 1947, was promoted to 1st Lieutenant; and
WHEREAS, following his distinguished military career, Charlie Enes returned to South Windsor and, in 1945, was elected South Windsor’s Town Clerk; and, again, began his second distinguished career, this time in municipal government—as evidenced by his being named “Town Clerk of the Year” in 1973 by the “Connecticut Town Clerks Association, and being inducted into the organization’s Hall of Fame; and
WHEREAS, Charlie reached the epitome of his career as Town Clerk and brought a sense of pride to his Office and to his community by being elected the 22nd President of the “International Institute of Municipal Clerks” in 1981; all this while carrying out his duties as Town Clerk with intelligence, with enviable knowledge of our community, and with comradery and good humor that, over the years, earned him the title of “Mr. South Windsor,” a title that remains his today; and
WHEREAS, Charlie Enes’ other contributions to his beloved South Windsor were as a lifelong member of its Volunteer Fire Department where, at one time, he served as its Assistant Fire Chief; and his many tenures as Acting Town Manager during the absence of a Town Manager
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is honored to recognize Charles N. Enes for his distinguished career as South Windsor’s Town Clerk from 1945 through 1983, and for bringing 38 years of distinction and pride to his Office and to the community by naming South Windsor’s Community Center the Charles N. Enes Community; and
BE IT FURTHER RESOLVED that Town Council approval of this Resolution will serve as authorization for the Town Manager to arrange for the design and creation of a sign of a size and caliber befitting this designation to be placed on the outside of the Community Center building in an appropriate location; and that a plague be placed in the lobby of the Center providing a brief biography of Mr. Enes.
Was made by: Councillor Havens
Seconded by: Councillor Delnicki
Prior to calling for a vote, Mayor Aman addressed the appropriateness of this Resolution by informing those listening that there had been an outpouring of support for this proposal from many notable South Windsor residents—most in the form of letters to the Mayor and to the Subcommittee making this recommendation. Councillor Delnicki, Chair of the Council Subcommittee, then shared the content of some of these letters with the public.
Also speaking in favor of this Resolution was another Member of the Subcommittee, Councillor Pelkey; also, Councillor Fine who recommended a “dedication ceremony” when the appropriate plaque is ready for the foyer of the Community Center, and is in place.
Also coming forward to speak for Mr. Enes’ family was Ginger Andreoli, Charlie Enes’ granddaughter, 166 Winthrop Road, Deep River, Connecticut.
The Mayor then called for a vote on this Motion. It was approved, unanimously. The Mayor then asked the Town Manager to start looking into designs for the plaque, and the appropriate ceremony when the time was right. Mr. Galligan said he would, and asked the Subcommittee Members if they would participate in the selection of the proper plaque.
ITEM:
17. New Business (Continued)
B. Resolution Approving the Transfer of $2,100 from Contingency to the Public Works Street Services Budget
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $2,100 from Contingency Account Number 1910-9001-390 to Public Works Street Services Account Number 1332-3112-380, to cover the estimated shortfall for reimbursing condominium complexes for snow removal.
Was made by: Councillor Havens
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
C. Resolution Approving the Construction of Sidewalk on Bidwell Road and Reimbursement for Cost of Said Construction by UTC Fuel Cells, LLC
WHEREAS, UTC Fuel Cells, LLC has requested that a sidewalk be constructed between 90/100 Bidwell Road and 60 Bidwell Road in South Windsor, Connecticut along property which is owned and/or leased to UTC Fuel Cells, LLC; and
WHEREAS, UTC Fuel Cells, LLC has agreed to pay for the installation of said sidewalk by making a payment to the Town’s Sidewalk Fund in the amount representing the cost of the installation of said sidewalk by the Town; and
WHEREAS, the Town Council conducted a Public Hearing on April 21, 2003, after notice pursuant to Section 86-86 of the Town Code of Ordinances; and
WHEREAS, the South Windsor Town Council has determined that said sidewalk will serve the public necessity and convenience, but only upon the condition that the cost of construction of said sidewalk is paid in full by UTC Fuel Cells, LLC.
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the Town Council finds, after Public Hearing, that a sidewalk between 90/100 Bidwell Road and 60 Bidwell Road would serve the public necessity and convenience, but only upon the condition that the cost of construction of said sidewalk is paid in full by UTC Fuel Cells, LLC; and
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to obtain competitive bids for the construction of said sidewalk and to advise UTC Fuel Cells, LLC of the cost for said construction, for which UTC Fuel Cells, LLC shall pay full reimbursement to the Town’s Sidewalk Fund before any construction is undertaken.
Was made by: Councillor Burnham
Seconded by: Deputy Mayor Streeter
At this time, Town Attorney Barry Guliano suggested that this Resolution be Tabled. He felt their remained a big enough concern that there still is documentation that is going to be required in terms of either an Indemnification Agreement(s) that can be put on the Land Records that the property-owners (whoever they may be) will be responsible for maintenance and liability.
Atty. Guliano asked for a “couple of weeks” more to work with UTC Fuel Cells and the other property-owners.
Deputy Mayor Streeter then Tabled the Resolution; the Motion to Table was duly seconded; and approved, unanimously.
D. Discussion Item - Status of Open Space Land Reimbursement Grants for Former Mitchell Property, and for Kelley/Waldron/Willard Property
Mayor Aman reminded the Councilors, and listening public, that the Town has “pending Grant monies” from a couple of years ago that have yet to be received from the State of Connecticut. He said that there have been questions regarding these Grants from several members of the community; and he had, therefore, asked the Town Manager and Town Attorney to address the issue by updating the public as to the status of these Grants.
ITEM:
17. D. (Continued)
Town Attorney Guliano commenced his update by stating that he felt there has been “a lot of misinformation flying around about this.” He said he would try to explain exactly where this issue stands, and the reason for some of the delays. He referred to a “chronology” he had provided to the Town Council this evening (copy attached) indicating “everything that has gone on since the properties were purchased that has led to the fact that we have not yet received that reimbursement.”
Breaking it down, Atty. Guliano said that these reimbursements are taking longer because the purchases were “unusual” in several respects—i.e., referring to the Mitchell Property, he reminded Council that the State significantly reduced the Grant they were going to allow—from an original $750,000 down to $340,000. This reduction led to several months of negotiations involving new “appraisals” that the Town had to have done.
Another delay, according to the Town Attorney, was precipitated by a surprise opportunity for the Town to acquire free acreage from a new abutting developer building “Strawberry Fields.” By agreeing to grant an access easement to the builder, the Town could then acquire, free of charge, an additional 11+ acres of Open Space abutting the Mitchell property on West Road.
Referring, now, to the Kelley/Waldron/Willard properties, Atty. Guliano said that because the original ownership of these lands goes back so far there remain issues, as raised by the State, with regard to boundary agreements, title issues, etc. Atty. Guliano said he was confused as to why the State is concerned with these issues in light of the fact that the Town has acquired “Title Insurance” with no problem—the insurance company guaranteeing that the Town has “proper title.”
The Town Attorney then went through the “chronology” he had distributed with the Town. He concluded his remarks by stating that a report on the “last of those questions” requiring a response to the State he had hoped to be able to provide to the Council this evening; however, he was unable to do that tonight but guaranteed the response would be going to the State this week.
ITEM:
17. D. (Continued)
The Town Attorney explained that the process he has been following, in light of the fact that the closings had originally been done by his previous law firm (Phelon, Fitzgerald & Wood) is submitting it to them and that firm has been providing the responses.
Atty. Guliano said that he could not guarantee that these latest questions from the State requiring responses were the last. Other factors adding to the delay in receiving reimbursements for these lands were things such as the lateness of the receipt of the Grant Agreements from the State; and when they were received, there were errors in the documents prepared by the State, etc.—thus requiring, by the State, two or three versions of the same documents.
To dispel the rumor that the State might be reneging on its commitment to reimburse the Town for these Open Space purchases, Atty. Guliano assured everyone that the Town (1) has a signed contract with the State; and (2) Atty. Guliano has spoken specifically with representatives from the Department of Environmental Protection. Mr. Styger (DEP) assured Atty. Guliano that the Agreement is still “good;” and that the State is not “pulling back” on reimbursements already promised to the Town.
The Town Attorney said that, to date, the Town has provided all the documentation the State has asked for; the Town has executed the actual Agreement between the State of Connecticut and the Town of South Windsor; met their request to be named in our “Title Insurance;” and, again, this week the latest questions posed by the State’s Attorney General regarding reimbursement for these Open Space parcel purchases will be answered and forwarded to the Attorney General.
Councillor Paquin asked to be filled in, briefly, as to what the DEP Grant is. Atty. Guliano explained. The Councillor then asked “how much is at stake?” Atty. Guliano replied approximately $610,000.
ITEM:
17. D. (Continued)
Councillor Delnicki, too, asked what account funded the original purchase of open space by the Town. It was explained that there is a special account for “Open Space.” The Town had gone to Referendum several years ago, and the voters had approved $4 million for the purchase of Open Space over a period of time.. Any funds reimbursed by the State for these purchases, he explained, are returned to that account and not to the General Fund.
Councillor Delnicki then asked if it were not true that the Town has lost considerable “interest” on those reimbursement monies because of the State’s “foot-dragging” by the State of Connecticut. Atty. Guliano replied that there were times, in hindsight, that he could have been quicker; but he honestly felt that much of the reason for the delay in reimbursement came from the State.
Councillor Delnicki asked if the State had “thrown the same type of obstacles and hurdles” in the paths of other communities; or was it unique to South Windsor. The Town Attorney replied that from what he has heard, other communities have not had similar delays.
Councillor Delnicki asked that the Town Attorney try to obtain something in writing from the State guaranteeing that the reimbursement money is still there and earmarked for the Town of South Windsor. Atty. Guliano said he would ask, and felt confident that Mr. Styger would be happy to provide that written guarantee. However, he stressed, it was his opinion that this letter would bear no more weight then the contract the Town had with the State.
Mayor Aman said he had spoken with Dave Styger at the DEP about this Grant money and he, too, had been assured that it was set aside for South Windsor.
Deputy Mayor Streeter, referring to the Attorney General’s Office, asked if that was the office that was holding up the reimbursement monies rather than the DEP, itself. Atty. Guliano replied that, at least since July of 2002, the “only hold-up” has been the Attorney General’s Office.
ITEM:
17. D. (Continued)
The Deputy Mayor then asked if it might not be helpful to contact our State Senator and State Representative to request their intervention in order to find out what exactly was going on. Atty. Guliano concluded that this might be a good move. The Town Manager, however, felt that sometimes it was not prudent to “go over people’s heads” such as was being suggested here. It felt it would be better to continue to work through staff.
Councillor Paquin suggested to the Town Manager that perhaps “after year one, year two she would have agreed to keep it at the ‘staff’ level.” However, she added, she felt the Town was looking at “year 5—way past that.” Both the Town Manager and the Town Attorney said it was not year “5.”
E. Discussion Item – Status of “Juknis Lease” of Town Open Space Property
Atty. Guliano began by “walking” the Council through the history on this situation. He also informed the Council that the Town was “in the process of Court proceedings to have the tenant evicted from the property.” As a part of that, and having met with Mr. Juknis and his attorney last week, Atty. Guliano believed all the parties have “put together an agreement that should prove to be a “fairly good resolution” for everyone.
When the Mitchell property was purchased for Open Space, according to Atty. Guliano, there already existed a tenant on a portion of the property—a farm stand, with greenhouses owned by Tom Juknis. Mr. Juknis, he believed, has been there about 15 years; and had been leasing this property from Della and John Mitchell.
Continuing, Atty. Guliano explained that as a part of the transactions with Mr. and Mrs. Mitchell, it was agreed that they were selling the property to the Town for use as open space and, therefore, wanted the tenant off the property within three (3) years. He added that three years from the “closing date” would be June 26, 2003.
ITEM:
17. E. (Continued)
Atty. Guliano then explained Mr. Juknis’ attempts to find another location. He said that the tenant has now closed on a property, and that issue has now been taken care of. However, what Mr. Juknis has sought to do with this agreement, according to the Town Attorney, is to stay open for some time; and, while he is staying open, he is in the process of taking down the buildings. With this schedule, Atty. Guliano said, the Town would not have to “wait until the very end to see him start to move off the property.”
The Town Attorney said he would go through the details of the Agreement with the Council; however, he felt the most important part of the Agreement is that it is not just an agreement; part of it is that Mr. Juknis has to sign a “Stipulated Judgment” so that the Town will have a “Judgment of Eviction” so that if Mr. Juknis does not comply with the terms of the Agreement, the Town does not “have to start back at square one.”
With regard to whether or not “lease payments” have been made on this property, Atty. Guliano assured the Council that Mr. Juknis “has made lease payments on the property.” The Town, however, had held up on cashing some of these payments for its own reasons. He then explained.
Continuing, Atty. Guliano said that Mr. Juknis will post a bond for removal of the two greenhouses and the main farmstand, so that if he fails to take these buildings down, the Town can take them down and use the bond money to reimburse us.
The Town Attorney also said that Mr. Juknis would be stopping his operation at that location in stages—i.e., by May 31, the stored materials that are outside of the stand have to be completely removed from the property. Mr. Juknis, according to Atty. Guliano, has to have begun the removal of the greenhouses by June 12, 2003—a process that must be completed by August 31, 2003.
The Town Attorney stated that Mr. Juknis has to “completely cease operations” on September 30, 2003.
ITEM:
17. E. (Continued)
The last remaining structure, Atty. Guliano said, would be the farmstand—which, Mr. Juknis has offered to leave for the Town, if it would like to have it. If the Town is not interested in that structure, Mr. Juknis would have to have it removed by October 15, 2003. At that point, according to the Town Attorney, Mr. Juknis would be completely off the property.
Atty. Guliano recommended that the Town enter into this Agreement because he felt the Town would do no better going through the Court system; and, as a matter of fact, might not do as well.
Mayor Aman informed the Town Attorney that his “major concern” was getting the “Major Michael Donnelly” sign installed at that location—coordinating its installation with the landscaping being done by the owners and builders of the adjacent “Strawberry Fields.” When, he asked, can that sign be erected—since there is a group of volunteers waiting for the “go ahead.”
Atty. Guliano said that Mr. Juknis has no problem with the sign being put up, or his being taken down in order to accommodate Major Donnelly’s sign.
The Mayor then asked the Town Manager to request that Town staff determine the best location for the sign on that property.
Deputy Mayor Streeter inquired as to what recourse the Town would have should, at any point in the timetable, Mr. Juknis not meet the stated deadline. Atty. Guliano said that the “Stipulated Judgment” would then go into effect.
Councillor Delnicki asked if it was possible to have the Major Michael Donnelly sign in place in time for a dedication ceremony on Armed Forces Day, May 17. Town Manager Galligan said his staff would have no problem with meeting that deadline. The Mayor, too, felt that this was a “very appropriate date.”
ITEM:
17. New Business (Continued)
F. Discussion Item - Possible Town Council Resolution Directing the Town Manager to Apply for a Special Exception for Use of Union School Grounds for Recreational Purposes
Mayor Aman felt that the Town Council was well aware of the “Union School issue” which, he said, has been going on for several years. Continuing the Mayor said it was his understanding that, as of now, the Town cannot use that field as a “soccer field” unless it went before the Town’s “land use” agencies and apply for the appropriate permits.
Agreeing that the soccer teams within Town needed more playing fields and, therefore could certainly use that field, the Mayor also conceded that neighbors in the area have been very unhappy with the use of this field by sports groups in Town. Mayor Aman pointed out that various combinations of solutions between the soccer groups and the neighbors have had mixed results with regard to the compromises that needed to be made.
Continuing, the Mayor said that if the Town Council does nothing the field may be used for informal play, only. If the Town Council directs the Town Manager to file an application with the land use agencies, then it would be these agencies that would make the decision.
Mayor Aman then asked the Town Council if they wished a Resolution to be drawn up by the Town Manager to make this type of application (which would then require Council vote on at a future meeting); or is there no interest in doing that and the field would remain as a non-organized activity field.
In light of this year’s budget struggles, Town Manager Galligan expressed his concern that, since the Town follows its own Planning and Zoning Regulations, were it to proceed to the land use agencies he would have to provide them with: (1) an A2 Survey; site plans, architect’s plans; maybe even traffic engineering; parking study; etc.—an expensive process which, eventually, may not be approved.
ITEM:
17. New Business (Continued)
Mr. Galligan also pointed out that there has been talk, of late, regarding the possible sale of Union School by the Town. He was of the opinion that having a “Special Exception” for soccer play associated with that building and parcel of land could make the sale difficult. He felt that the Town should put the $7,000 to $10,000 it would have spent preparing to go before the land use agencies toward the $38,000 cost of adapting the present softball field at Rye Street Park to accommodate several sports.
At this time, Mayor Aman requested a Motion to continue the meeting beyond 11:00 p.m. A Motion was made; duly seconded, and approved, unanimously.
There followed further discussion and questions from Members of the Town Council, as well as remarks by the public in attendance. Speaking to this were the following residents:
Mark Glass - 406 Quarry Brook Drive
James Dean – 789 Main Street
Gene Jay – Carey Lane
Jean Howat – 763 Main Street
David Caron – 798 Main Street
Mayor Aman said that the directive was “pretty clear” from the Council that the Town Manager should not apply for any special exemption and the field could, therefore, not be used.
Resolution Authorizing the Town Manager to Enter Into a Lease Agreement for the “Sluzkanis Property”
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to enter into a Lease Agreement with Mr. Peter Baggott (Windsor Farms) for the use of Town property currently known as the “Sluzkanis” property (Nevers Road), for farming purposes for the term commencing April 21, 2003 and ending December 31, 2007.
Was Made by: Councillor Paquin
17. G. (Continued)
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
Resolution Approving a Property Tax Refund for Fourteen (14) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fourteen (14) South Windsor taxpayers, said refunds totaling $35,962.90, and as shown on attached Exhibit A.
Was Made by: Councillor Pelkey
Seconded by: Deputy Mayor Streeter
The Motion was: Approved, unanimously
Discussion Item – Renaming That Portion of Ellington Road From Burnham Street, North, to the Railroad Tracks.
Due to the lateness of the hour, this item was not addressed.
18. Passage of Ordinance – None
19. Communications and Petitions from Council (Continued) – None
20. Executive Session – None
21. Motion to Adjourn
Because of the time, no motion to adjourn was necessary. The meeting concluded at 11:20 p.m.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attachment – Exhibit A
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