TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 July 7, 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 Edward F. Havens (Left at 9:45 p.m.)
Councillor John Pelkey
Members Absent: Councillor Judith Paquin
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Aman called the Regular Meeting to order at 8:00 p.m. and immediately recessed it to reconvene the Work Session and go into the scheduled Executive Session. The Regular Meeting was then reconvened at 8:35 p.m.
ITEM:
5. Public Input
Peter Santoro, 66 Farmbrook Lane, thanked Councillors Pelkey and Delnicki with regard to their comments on Union School. He then asked the lot size of the land the Union School was situated on. Mayor Aman “guessed” that it was somewhere between one-and-a-half to two acres—not a large parcel. Mr. Santoro then asked the “value” of such a plot in that location. Saying it was hard to say, in that area; however, from his experience in South Windsor, Mayor Aman said that building lots in South Windsor are “running on the low side of $75,000 to the high side of approaching $200,000.”
Saying that since he felt this was in a “nice neighborhood,” Mr. Santoro speculated that the worth of the land was “probably on the high side of $200,000.” His point, he said, was that the Town could probably make a very good case for private enterprise to come in and sell it for a price that is beneficial to the Town.
ITEM:
6. Environmental Health & Safety Message - None
7. Adoption of Minutes of Previous Meetings
Motion to approve the Minutes of the following Town Council meetings: Work Session of May 5, 2003; Special Work Session of May 12, 2003; Work Session of May 19, 2003; Public Hearing of May 12, 2003 (re. Expenditure of $420,600 from Capital and Non-Recurring Expenditures Account); Regular Meeting of May 19, 2003; Work Session of June 2, 2003; and Regular Meeting of June 16, 2003.
Was made by: Councillor Barbour
Seconded by: Councillor Pelkey
The Motion was approved 6 Ayes to 2 Abstentions, on a roll call vote, as follows:
Councillor Barbour Abstained (was not present for May 12
Meetings)
Councillor Fine Aye
Councillor Burnham Abstained (was not present for June 16
Meetings)
Councillor Havens Aye
Councillor Delnicki Aye
Deputy Mayor Streeter Aye
Councillor Pelkey Aye
Mayor Aman Aye
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council - None
10. Communications and Reports from Town Manager
Town Manager Galligan, referring to the length of his written report to Council, said he would not be going through every item; even though he had tried to give the Council a “year end review” of some of the things he and Council had worked on in the previous Fiscal Year.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Continuing, Mr. Galligan pointed out that he had provided Council, this evening, with changes in the I-291 Plan. Two issues raised in the Public Hearing regarding this Plan that have been changed, he said are: (1) the sewer line that was shown on private property has now been moved to Town property; and (2) new wording associated with “site plan approval” has been added that reads - “No building permit within the I-291 Corridor District Municipal Development Project area may be issued for property owned by the Redevelopment Agency without the approval of a site plan of the development by the Redevelopment Agency and the Planning and Zoning Commission. All other properties within the project area shall comply with the site plan approval requirements under the
P&Z.”
Continuing, the Town Manager informed the Council that the Town has been meeting with DECD on this and have turned this over to staff to do site plans and reviews; and he had been informed this day that “we’re pretty far into this;” and DECD is happy with the budget that has been submitted and the way things are going along. Mr. Galligan then ventured his opinion that “this project is going to move along very very quickly.”
Councillor Delnicki, moving on to the concept of combining the Board of Education and Town offices “under one roof—the Town Hall and the Library.” Saying that he had already requested the Town Attorney research the “legality” of doing this, the Councillor pointed out that both the construction of the original Library building, and its subsequent renovation and addition, were accomplished “via a Referendum” approval and expenditure. He again questioned the legality of “moving the Library out of that facility to a “lifestyle center” without some type of reaffirmation by the citizens of South Windsor.
Atty. Guliano said that, again, he would be more concerned if the use that was being changed was closer to the time of the Referendum—he felt anything that “would make the Referendum appear to have been a pretext, is a problem.” The Town Attorney said he did not feel the Town had that problem now because there has been a passage of time; and, secondly, it is obvious now that there has been no pretext, that things have changed since the time of the Referendum.
Councillor Delnicki then asked where the Library Board stood on this? And, lastly, the Councillor asked if the Town “would be looking for ‘Evergreen Walk’ to pay for the Library if we were to have a Library in the ‘lifestyle center’?”
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mr. Galligan then reported that he had met with the Members of the Library Board and its Director. Also, he added, they have had the developers, at the request of the Library Board, come to a meeting to discuss that issue. He added that, to his surprise, the Library Board seemed to be somewhat interested—that they would explore the concept.
Adding that there is a “cultural arts” aspect to this proposal, Mr. Galligan reported that there is “more municipal use” being involved. He went on to say that even if the Library Board considered doing this, it would be two years before it could begin to become a reality because thee are “steps” the Library people would have to take—i.e., an assessment and an analysis would have to be done.
With regard to Evergreen Walk, Mr. Galligan said, the only reason he thought of it was because in the Town’s Space Needs Report there are “seven issues of space problems.” Referring to that fact, Mr. Galligan guessed that “one maneuver would probably solve four (4) of those issues.”
Also, he added, because of “some very key parcels” owned by the Town at that location puts the Town in a very strong negotiating position.
Councillor Delnicki then stressed that he truly felt they (Evergreen Walk developers) should pay for this project of relocating the Library because, as he put it, it would be a win/win situation for them. It would provide them with an ‘anchor’ that would draw people to the area.” Obviously, he felt that “buy-in” on this idea by the Library Board was essential before the Town engaged in any serious discussion of this proposal.
Although he felt this would be a “win/win” situation for the Town and the Developer, Councillor Delnicki did not think this proposal was one that could win at the polls—especially in light of the Town’s recent previous experience with Referenda. This, he stressed, was another reason he felt strongly that the developers of Evergreen Walk should “foot the bill” for this project.
Another project brought up by Councillor Delnicki was the Town’s establishment of a “weapons qualification area” at the Public Works Garage. He informed Council that the Public Health & Safety Subcommittee took a look at this proposal, and viewed it positively.
ITEM:
10. Communications and Reports from Town Manager (Continued)
The Councillor also reminded Council that a member of the Police Department is a retired “Colonel” of the U.S. Army, and could get Army Reserve Forces in to do the job—for virtually no cost to the Town. He continued by saying his question was “What does it take to get a presentation to the Council on this, so that we can make an intelligent decision.?”
The Town Manager said he would call Chief Tyler to see if this can be expedited; however, the land at this location is needed for many of Public Works’ operations; and this project would have to be “segregated” so that Public Works people working in the area would not be in danger because of the pistol target shooting.
Councillor Barbour, also referring to a weapons qualification area, said she had spoken, today, with the training officer at the Police Department who had said that they would like to have a “Spring” and “Fall” training session, with 8 hours each time. The officer, she added, had also informed her that the Towns of Manchester, Somers, Vernon, Glastonbury, and East Windsor all have their own “range;” and East Hartford is presently building an indoor range.
With this in mind, Councillor Barbour felt that the Town of South Windsor should have its own range. The Officer had said that the Town can get “used” target frames from the Connecticut Police Academy, free of charge; as well as some “storage trailers” for storage purposes from the Hartford Post Office at no charge.
On the other recently discussed topic, Councillor Barbour said she wanted to play “devil’s advocate” on the subject of the “Library.” She asked if a “cost analysis” can be done to find out what the actual savings will be by combining the Board of Education and the Town forces together under one roof; and would the cost be the same if they were “next to each other, under two different roofs.”
Councillor Fine asked if it was being proposed that the Board of Education take up the entire space at the Library. She pointed out that the Space Needs Committee had determined, most definitely, that the Town Hall, itself, is “overcrowded.” She asked if the Town Hall staff might not take up some of the vacated space at the Library should this proposal be affirmed..
Mr. Galligan replied that “we would merge.” For instance, he said, the executive office and the Superintendent’s Office would be close together; the Finance Department and Business Manager’s Office would be close together; etc.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Town Manager Galligan then went on to explain the reasoning associated with this proposal to more or less centralize the “arts” in one area—in this case, Evergreen Walk.
Councillor Fine stated that regarding “cost effectiveness,” it would seem as though having a “cultural arts” center and a “government” center located at one location would be the most cost effective.
Summing up what had been voiced, Mayor Aman said that what he was “hearing” was that there was no one present who was saying “No! We don’t even want to consider this as a proposal. The follow-up, he continued, would be “Yes! This is something we would consider”--all of this, however, followed by a host of questions which, the Mayor felt, would not be answered until “Evergreen Walk” comes back with a tentative proposal that the Council can discuss logically before moving forward.
Councillor Pelkey stated that another consideration is if the Board of Education were to be moved out of Ellsworth School “what are we going to do with Ellsworth School?” He asked if the Town would have another “white elephant” on its hands.
Following Councillor Pelkey’s expressed concern regarding moving the Library out of the “center” of Town, Mr. Galligan pointed out that it would not be “that far out of Town;” and reminded Council of Connecticut Magazine rating of South Windsor which did, in essence, rate the Town well except with regard to “cultural arts.”
At this point, Town Attorney Guliano asked for time to briefly update the Town Council on two matters the Town has been very interested in—one being the removal of “Juknis Farms” from the Town’s open space property now known as the “Michael Donnelly Land Preserve.
With regard to this, an Agreement, he said, was entered into and has been complied with to date—that is, the materials that were outside of the greenhouse have been removed; and the greenhouses have to be taken down between now and August 15. He said he would be keeping an eye on the situation to make certain the different steps to vacating the site are adhered to.
ITEM:
10. Communications and Reports from Town Manager (Continued)
All of this, he added, would lead to a “ceasing of business” on September 30, 2003; after which all that would remain would be the “farm stand.” If, as offered, the Town is not interested in the farm stand, this too must be taken down within that September 30 date.
The second issue Atty. Guliano said he wished to update the Town Council on was the “reimbursement of monies on the open space parcels.” He began by telling Council that at the end of June the Town did receive an “O.K. from the Attorney General’s Office” that they had notified the Department of Environmental Protection (and, in particular, Mr. Styger) that the Town had provided them (AT’s office) with answers to all the questions they had; all the documentation that they needed, etc.
The only additional request from the State, according to the Town Attorney, was that the State’s name be placed on the Title Insurance held by the Town on those properties; and that request has been done, and “should be completed within a matter of days.”
The Attorney General’s Office, according to the Town Attorney, has now “signed off” on the reimbursement of these monies, as has Mr. Styger (DEP). As soon as they receive those “title policies,” Atty. Guliano said, the Town would then be entitled to the reimbursement—which, in his opinion, was only a matter of days, he said.
Councillor Barbour then asked about Town-owned land along the Connecticut River; and the possibility of using some or all of this land for a “walking path” from the southern most points to the northern most points—or, she estimated, about a mile in distance. Another suggestion she had was the installation of “decking” or a “pier” of some sort at the Town-owned boat launch area.
The Councillor also asked about the possibility of “dredging” the River along the shore at the site of the boat launch facility in order to accommodate a smooth launching of small boats.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mr. Galligan said the Town has been trying to get the Army Corps of Engineers to take a look at this area with an eye to providing dredging services for the Town. He observed that it is “obviously not high on their priority list;” and he had learned that the “Corps” is not touching anything north of Hartford. He also complained about the fact that the “Riverfront Recapture” monies are never spent in this area. The matter, he added, has been discussed at length with the Connecticut Conference of Municipalities
He said the Town would continue the process of seeking assistance from State and Federal agencies with the goal of recapturing the Connecticut River, at South Windsor, for recreational purposes. He mentioned that the Towns of East Windsor, Enfield, and Windsor were similarly interested; and suggested a “coalition” of those communities north of Hartford to effect recognition of their future plans for this very valuable natural resource.
Mayor Aman reminded the Town Council of the Town’s “biggest success” in that region to date—that being the establishment of a “Linear Park” along the banks of the Connecticut River in South Windsor. This Park, he said, is a “variety of Easements from the landowners in that area;” and these landowners, he added, are very carefully monitoring what the Town has been doing over the last few years with those Easements, and how they are maintained.
Councillor Delnicki then asked the Town Attorney, specifically, when the monies from the DEP would be seen. Atty. Guliano replied that “there is a direct transfer to our account that we set up—so it is not even an issue of a check—so it should be fairly quick.” The Town Attorney also reaffirmed that “adding them to the title insurance should take only a matter of days.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Havens congratulated the Town Manager on the type of plans he had present to Council this evening with regard to relocating Town offices in an area such as “Evergreen Walk,” etc. He felt that some parts of it should be considered.
ITEM:
13. Communications and Petitions from Council (Continued)
Continuing, Councillor Havens asked if the Post Office had been approved for a zone change. Atty. Guliano said that it had been “denied;” however, the appeal had been received today. Councillor Havens then reminded Council that for three years he has been urging the Council to purchase this building particularly because of its location next to the Town Hall; and the fact that it would provide space for those departments and supplies now crowding the Town Hall.
He added (for the 10th time, he said) that it would be “stupid” to lose that building. The Town has an opportunity to purchase it right now; and, he felt, there was a strong possibility, it might never again have that same opportunity.
Lastly, Councillor Havens mentioned the motorcycle rally held at the Sullivan Avenue Plaza several weeks prior to this time. At the time, he said it was his understanding that the promoters of this rally were going to pay $6,800 for the day and for the Police protection they would be receiving that day.
The Councillor then added he had learned that “they haven’t paid the $6,800 as yet.” Mr. Galligan informed him that it has not been paid and that the promoters have an attorney. Next, he said, the Town would probably be “filing liens on the property;” however, according to the Town Attorney, this was a subject that should be discussed in Executive Session, rather than tonight and in this meeting.
Councillor Havens asked to be kept posted on this.
Councillor Burnham asked if the Town was responsible for maintaining the “Welcome to South Windsor” signs at various locations in Town. When informed that it was, the Councillor said he had noticed that the area “needed weeding.”
Next to speak was Marge Anthony, 97 Pleasant Valley Road, who commented on the future of Ellsworth School and the Public Library. She thought the idea of creating a cultural center in Evergreen Walk was an excellent suggestion.
15. Consent Agenda
Motion to approve Items 17. A., B., and C. as the Consent Agenda.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
ITEM:
16. Unfinished Business
A. Discussion Item: Possible Appointment and Convening of a “Charter Revision Commission”
Councillor Fine said she had asked for this discussion and consideration because of inquiries made over the past years by residents as to why certain things could not be done to change some policies in the Town—and the answer, in most cases, was “because the Charter doesn’t allow it.”
Continuing, she added, that the subject of convening a “Charter Revision Commission” has always been met with reluctance because of a perceived notion that it would be “opening a can of worms.” She suggested that, perhaps, the Town could be “subjecting itself to ‘good’ things” by opening up the Charter to revision; and, perhaps, it is time to take a look at the Charter to see what should or could be changed.
Councillor Fine made specific reference to the 2-year “terms of office” of the Town Council and Board of Education set by Charter, as opposed to the 4-year staggered terms of office for the Planning & Zoning commission, also set by Charter. With the present system, she pointed out, it is possible to “wipe out the total Town Council or Board of Education members, and have 9 totally new people sitting here, and starting all over again.”
The Councillor made other suggested changes to the Charter. At the same time, she acknowledged the fact that the process of Charter Revision could be very lengthy and time-consuming. She asked for input from the other Councillors. The Mayor then asked the Town Attorney for what he had acquired through his research of this subject.
Atty. Guliano, first addressing previous remarks made by Marge Anthony, stated that, to his knowledge, there are “no restrictions in terms of any use or sale of Union School;” and, in his opinion, “very limited restriction in terms of Ellsworth School—which, he said, essentially amounts to “no restriction. He explained further.
Returning to the subject of a “Charter Revision Commission,” Atty. Guliano said he has been told by several people that there is a concern that if the Town amends its Charter, somehow the Town would lose the rights to Home Rule, etc.
ITEM:
16. Unfinished Business
A. Discussion Item: Possible Appointment and Convening of a “Charter Revision Commission” (Continued)
According to the Town Attorney, the confusion experienced following the establishment of Home Rule in 1957 has since been corrected by Amendment to the Statute, itself. He proceeded to explained in detail. (A copy of Atty. Guliano’s Memoranda re. “Effect of Amending Town Charter on Home Rule Provisions;” and “”Charter Revision Process” are attached and made a part hereof.)
In conclusion, this evening, Atty. Guliano explained that “the bottom line in South Windsor is”—that South Windsor already operated under the Home Rule Act; has all the powers of, is controlled by, etc. the Home Rule Act. Whatever the Town does with the Charter, he said, amend the Charter, adopt a new Charter—it would have to be under the Home Rule Act because this is where we are now.
The Town Attorney said that the Council should not be concerned about amending the Town’s Charter (from the Home Rule Act perspective, at least)—it would not have any negative impact on the Council’s powers.)
Atty. Guliano then pointed out another document he had provided to Council which depicted an outline for “amending the Charter while following the Home Rule Act” and the set procedure for doing so. The Town Attorney felt that this document was “self-explanatory.” However, he said, he would be happy to either answer Council’s questions or go through the document at this time.
Mayor Aman then asked the Town Attorney if (assuming Council did appoint a Charter Revision Commission) the Commission would be limited to those items specifically singled out by the Council for amendment; or, once a Commission is formed and charged with amending the Charter, would it be required to look at the entire Charter.
ITEM:
16. Unfinished Business
A. Discussion Item: Possible Appointment and Convening of a “Charter Revision Commission” (Continued)
Town Attorney Guliano replied that this was very important; and suggested that Council may want to open it up for limited purposes; however, once it had created the Commission, that Commission “has complete authority to look at whatever it deems appropriate, so you can’t limit the power of that Commission just to look at certain issues.”
Continuing, Atty. Guliano said that the Council “can make recommendations; and they will carry some weight.” He explained the way this worked. However, he added, Council is to understand that the Commission is not bound by those recommendations at all.
The Town Attorney then went into the procedure Council was to follow when a “draft” report came back to it from the Commission.
Concluding remarks included Mayor Aman’s summation that to go or not to go to a Charter Revision Commission would take “a lot of thought and discussion” by the Council. He foresaw a long procedure just to choose and appoint the members of this Commission—let alone what was important to include among those items to be revised.
Councillor Pelkey asked who would be considered an “elected official.” He asked if, for the purpose of serving on this Charter Revision Commission, members of either the Democratic or Republican Town Committees would be considered elected officials? Atty. Guliano replied that he believed they would not be considered elected officials, and would be allowed to participate if the Council chose to allow them to participate.
The Town Attorney said he would look into this in greater detail “if and when the time comes” to select members of a Charter Revision Commission.
Another segment of this topic that was discussed was the length of the process from the initial action of authorizing the formation of a Charter Revision Commission to the acceptance of the actual Charter revisions. It was suggested that, perhaps, it might be prudent to begin the process now by accepting and discussing suggestions as to what needed to be revised.
ITEM:
16. Unfinished Business
A. Discussion Item: Possible Appointment and Convening of a “Charter Revision Commission” (Continued)
Councillor Fine said she would like to see a Resolution on the Agenda for the first meeting in September creating a Charter Revision Commission; with the appointment of members to follow 30 days after that time. Mayor Aman agreed; however, he felt that the Town Council should schedule one or two informal Work Sessions, prior to that time, to discuss the “timing, and what the general make up of this Commission” should be.
Before concluding this discussion item, Town Attorney Guliano asked for an opportunity to answer Councillor Barbour’s question with regard to “when” recommendations can be made. One time, he said, was “when you form the Charter Revision Commission;” and he reminded Council that the Statute states that the “legislative authority” should make those recommendations—the legislative authority, in his opinion, being a majority of the Town Council having to vote on those recommendations.
Another opportunity to make recommendations, according to Atty. Guliano, is when “you get the ‘draft’ report;’ at which time you can made recommendations as a Council as to changes you want to see in that ‘draft’ report.
Atty. Guliano, as an example, explained to Council that in a case where, for example, the Charter Revision Commission wishes to make 20 amendments, and the Town Council agrees with only five (5) of those amendments, the Council and Commission would then confer to see if the Commission is willing to change its report to include only those five. However, he stressed, the Charter Revision Commission would be the final decider for purposes of the report, after which the Town Council could either accept or reject the final report.
Also emphasized was the need for the Charter Revision Commission, the Town Council, the Town’s professional staff, and both political parties to have all publicized their support of the amendments to the Charter being presented to the voters.
ITEM:
17. New Business
*A. Resolution Approving the Transfer of $1,100 from the South Windsor Patriotic Commission to the Recreation Department
BE IT RESOLVED that the South Windsor Town Council hereby authorizes a transfer of $1,100 from South Windsor Patriotic Commission Account Number 001-1910-9002-380, to Recreation Revolving Account Number 001-0100-0115-028 to fund financial assistance for recreation program fees for families of military reservists called to active duty; said transfer to be effective in the 2002/2003 Fiscal Year.
(APPROVED BY CONSENT AGENDA)
*B. Resolution Approving the Transfer of $1,500 from the Workers’ Compensation Insurance Account to Zoning Board of Appeals Advertising Budget
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $1,500 for Fiscal Year 2002/2003 from the Workers’ Compensation Account Number 1950-9010-130 to the Zoning Board of Appeals Advertising Account Number 1143-1432-310 to cover advertising costs through June 30, 2003.
(APPROVED BY CONSENT AGENDA)
*C. Resolution Approving the Transfer of $1,200 from the Workers’ Compensation Insurance Account to the Inland/Wetlands Conservation Commission Advertising Budget
BE IT RESOLVED that the South Windsor Town Council hereby approves the transfer of $1,200 for Fiscal Year 2002/2003 from the Workers’ Compensation Account Number 1950-9010-130 to the Inland Wetlands Conservation Commission Advertising Account Number 1112-1130-310 to cover advertising costs through June 30, 2003.
(APPROVED BY CONSENT AGENDA)
ITEM:
17. New Business (Continued)
D. Resolution Accepting the Resignation of David W. Wilson (R) from the Board of Education
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of David W. Wilson from the South Windsor Board of Education, said resignation effective as of June 25, 2003; and
BE IT FURTHER RESOLVED that the South Windsor Town Council thanks David for his years of dedicated service to his community and, in particular, for sharing his talents, wisdom, and counsel as a Member of the South Windsor Board of Education since 1999. We wish him well in his future endeavors.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
E. Resolution Appointing Cary Prague (R) to the Board of Education, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Cary Prague to the South Windsor Board of Education for a term ending November 10, 2003 to fill the unexpired term of David W. Wilson, and hereby tables the same.
Was made by: Deputy Mayor Streeter
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
F. Resolution Appointing Jefferson Streeter (R) an Alternate to the Water Pollution Control Authority, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Jefferson Streeter an Alternate to the Water Pollution Control Authority for a term ending November 30, 2005, and hereby tables the same.
Was made by: Councillor Delnicki
Seconded by: Councillor Burnham
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
G. Resolution to Adopt an “Amended” Economic Development Incentive Plan
WHEREAS, the Town of South Windsor’s Economic Development Incentive Program was first adopted in July 1990 with the intention of promoting and attracting new businesses to our community but, also, encouraging the expansion of existing businesses within our business community; and
WHEREAS, it is also the intention of the South Windsor Town Council to support our business community by offering as attractive an Economic Development Incentive Program as possible, while at the same time presenting a program that offers all that is allowable by State Statute
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts an Economic Development Incentive Program, attached hereto as Exhibit A., including changes as proposed by the Town Attorney, Town Manager, and Economic Development Commission, which changes are meant to clarify and enhance the Program being offered by the Town of South Windsor to its valued present and future business community.
Was made by: Councillor Barbour
Seconded by: Councillor Burnham
Two (2) Amendments to the attached Exhibit A. were made as follows:
A Motion to Amend Page (3), third paragraph, to read:
“The Town Council, upon implementation of a Tax Assessment Agreement requires the company to continue operation in South Windsor under terms and for a period of time to be determined by the Town Council………..”
Was made by Deputy Mayor Streeter, seconded by Councillor Pelkey, and approved, unanimously.
(Resolution continued on next page)
ITEM:
17. G. (Continued)
A second Motion was made to Amend Page (2), 4th paragraph, to read:
“Applications may be submitted to the town Manager prior to formal site plan application to the Planning and Zoning Commission, but no later than final action……….”
The Motion was made by Councillor Barbour; seconded by Deputy Mayor Streeter; and approved, unanimously.
Mayor Aman then called for a vote on the Resolution, with the new Amendments. The Amended Resolution was approved, unanimously.
H. Resolution Authorizing Waiver of Interest on Delinquent Property Tax Pursuant to Section 12-145 of Connecticut General Statutes
(Councillor Pelkey)
WHEREAS, the Savings Bank of Rockville combined several pieces of property to make up one large parcel when it purchased property to build its new bank at 1645 Ellington Road on or about May 13, 1998; and
WHEREAS, two small parcels known as R024 and R026 Clark Street were those properties combined into 1645 Ellington Road at that time; and
WHEREAS, taxes on the two smaller parcels were due July 1, 1998, but no notice of such taxes being due was ever provided to the Savings Bank of Rockville. The Tax Assessor and the Tax Collector for the Town of South Windsor have jointly determined that the delinquency is attributable to an error by the Tax Assessor or Tax Collector and is not the result of any action or failure on the part of the taxpayer. Section 12-145 of the Connecticut General Statutes allows for the waiver of interest on delinquent property taxes under circumstances such as those in this case, although the entire tax must still be paid.
(Resolution Continued on Next Page)
ITEM:
17. H. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby waives interest on delinquent property taxes for the parcels known as R024 and R026 Clark Street, presently owned by the Savings Bank of Rockville.
Was made by: Councillor Pelkey
Seconded by: Deputy Mayor Streeter
Mayor Aman asked Town Manager Galligan if he knew how much in interest was being talked about here. Atty. Guliano replied that the interest was $617.70 + $24.00 for a lien charge.
Deputy Mayor Streeter moved to amend the Resolution by adding to the last paragraph “d/b/a Rockville Bank.” Councillor Pelkey seconded the Amendment; and it was unanimously approved.
Mayor Aman then called for a vote on the amended Resolution. It was approved, unanimously.
I. Resolution Approving the Refund of Property Taxes to Seven (7) South Windsor Residents
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to seven (7) South Windsor taxpayers, the total of said refunds being $1,224.71, and as shown on attached Exhibit B.
Was made by: Councillor Fine
Seconded by: Councillor Pelkey
The Motion was: Approved, unanimously
ITEM:
17. New Business (Continued)
Resolution Approving a Municipal Development Plan for the I-291 Corridor District
WHEREAS, a Municipal Development Project Plan under Chapter 132 of the Connecticut General Statutes is proposed for the I-291 Corridor District; and
WHEREAS, a Plan has been prepared by the South Windsor Redevelopment Agency; and
WHEREAS, the Plan is in accordance with Section 8-187 of the Statutes which defines a development project as a project conducted by a municipality for the assembly, improvement and disposition of land or buildings or both to be used principally for industrial or business purposes and includes vacated commercial plants; and
WHEREAS, the Plan prepared by the Redevelopment Agency has been the subject of a Public Hearing held on June 16, 2003; and
WHEREAS, the Plan has been revised to clarify the site plan review process and the conceptual sanitary sewer plan has been revised to propose all lines on Town property.
NOW, THEREFORE, BE IT FOUND that:
The I-291 Corridor District Municipal Development Plan meets the intents and purposes of Chapter 132 of the Connecticut General Statutes inclusive of Section 8-186 Declaration of Policy.
The Plan has been referred to the Capital Region Council of Governments and the South Windsor Planning and Zoning Commission and found to be consistent with regional and local plans.
The Plan is necessary to meet the project objectives of economic development consistent with Chapter 132.
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ITEM:
17. J. (Continued)
4. The Plan shall be implemented in accordance with the financing plan contained in the Plan.
NOW THEREFORE, BE IT RESOLVED that the I-291 Corridor District Municipal Development Plan is approved in accordance with the findings contained herein.
Was made by: Councillor Delnicki
Seconded by: Councillor Pelkey
Deputy Mayor Streeter wished it to be noted, for the record, that Councillor Barbour had removed herself from this discussion and any action on the Resolution by Council because she is a member of the South Windsor Redevelopment Agency.
The Resolution was approved 6 Ayes to 0 Nays.
18. Passage of Ordinance None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session – (Only if needed to continue discussions of earlier Executive Session.)
A Motion to return to Executive Session was made, at 10:30 p.m., by Deputy Mayor Streeter “discuss the draft agreement regarding Buckland Road.” The Motion was seconded by Councillor Delnicki; and was unanimously approved.
21. Motion to Adjourn
A Motion to Adjourn was made immediately following the conclusion of the Executive Session.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts.: (Exhibits A.& B.; and Charter Revision Info. From Town Attorney)
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