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Town Council Regular Meeting 1/5/04
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
ACTION MINUTES  Page 1  JANUARY 5, 2004 

                        

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


Members Present:        Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor William Aman
Councillor Thomas Delnicki
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
        
Member Absent:

Also Present:
        Councillor Deborah Fine

Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     

        
        
At 8:00 p.m., Mayor Havens recessed the ongoing Work Session in order to call the Regular Meeting to order and present Proclamations to Mark and Jeffrey Schneider, National Winners of the 2003/2004 Siemens Westinghouse National Competition in Mathematics, Science and Technology.  Following this presentation, Mayor Havens called the Regular Meeting to order, immediately recessed it in order to continue the Work Session, and reconvened the Regular Meeting at 8:15 p.m.

ITEM:

5.     Public Input  -  None

6.      Environmental Health & Safety Message  -  Councillor Pendleton asked that our residents assist Town forces in “uncovering” fire hydrants from the snow that, in some cases, has inundated the hydrants, and now hides them from our Fire Department.

7.      Adoption of Minutes of Previous Meetings

Motion to accept the minutes of the Town Council Work Session of December 1, 2003; and the Regular Meeting of December 1, 2003.

Was made by:    Councillor Paquin
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, unanimously
ITEM:


8.      Public Petitions  None

9.     Communications from Officers and Boards Directly Responsible to Council

Library Director Mary Etter came forward to report  on upcoming, as well as current, programs and activities of the South Windsor Public Library.

10.     Communications and Reports from Town Manager

Town Manager Matthew B. Galligan reported on the following:

Refuse and Recycling Bids have gone out; and are expected back on January 8.  About 23 “alternates” are included in the Bid form in order to determine “the best way to do business.”

Rye Street Baseball Fields – Town staff is already working on this.

More extensive clearance of the Town’s Open Space at Lawrence Road

Discussion with State Representative Kerensky regarding State’s long-overdue reimbursement to the Town of Open Space monies.

Possible approval of a tax partnership/abatement with South Windsor Technologies Center—which he pointed out would be discussed in more detail later this evening.

CIRMA’s Underwriting Policy Board – His prior recommendation that the Towns and CIRMA “go to a 3-year set price” for coverage.  CIRMA has agreed to this for three years provided no disaster-type occurrences transpire.  Because of this, Mr. Galligan anticipated no increase cost in next year’s budget attributable to liability or Workers’ Compensation insurance.

Health Insurance Issues – School Superintendent Joseph Wood and Mr. Galligan have been working on this issue and completed an analysis.  Mr. Galligan anticipated that, very shortly, they would be negotiating with Blue Cross/Blue Shield.  Currently, he said, BC/BS are looking at a 6% increase.  





ITEM:

10.     Communications and Reports from Town Manager  (Continued)


He then referred to the Arbitration Award given to the “Administrators” of the South Windsor Board of Education.

Mr. Galligan, referring to Mr. William Krawski’s remarks to Council earlier in the evening, said that the Town’s Redevelopment Agency had, indeed, looked at the East side of Buckland Road when they were working with the Redevelopment Plan.  That Plan, he added, was “to do a total wetlands mitigation on the East-side;” and also gave a development proposal on how to maximize all the properties, keeping the backend toward “wetlands.”  This Plan, he added, is on file in the Town’s Planning/Engineering departments.

This concluded Mr. Galligan’s report.  He then asked for questions from the Town Council.

Referring to the Arbitration Award, Councillor Aman pointed out that the Town, once again, lost in arbitration.  He stressed that the arbitration dealt with 19 employees whose current average income of almost $95,000.  Even without the “step increases,” the Councillor estimated “we’re talking about a 12% increase in salaries for that group.”

Councillor Aman reminded Council that, last June, it had asked the Town Manager to limit increases in salary to the General Government employees to 3%.  He then asked the Town Attorney if, since this was an “arbitrated settlement” could the Council challenge it.  And, if not, was there a way to “go on record” as declaring that the Town would have a very difficult time funding this kind of increase over the next several years.

Atty. Guliano replied that “Yes” the Town Council can reject it with a 2/3rds majority vote within 25 days of having received a copy of the Award; however, the Town cannot be a participant in the “Second Look Panel.”  On the Board of Education and the Union may participate.  

Councillor Aman informed the Mayor that he would be requesting that a Resolution be placed on the next Town Council Agenda rejecting the Arbitration Award, and taking a vote on this issue.



ITEM:

10.     Communications and Reports from Town Manager  (Continued)


Councillor Streeter, too, said he wished to see the topic of the “Arbitration Award” on the next Agenda—even as a “discussion item,” so that the listening public would be aware of the size of the award and the fact that efforts to fight it by Council would probably prove “futile.”  

Deputy Mayor Pelkey asked the Town Manager to “lay out’ for the Town Councillors the actual fiscal impact in dollars and cents.  Mr. Galligan said he would prepare this for the next meeting—together with the dollars needed to challenge this Award—the cost of which would be borne entirely by the Town..  The Deputy Mayor then encouraged other Council Members with questions regarding this Award to get them to the Town Manager before the January 5 meeting so that all the questions could be addressed at that time.  

Councillor Delnicki, too, concurred with moving forward with the Resolution suggested by Councillor Aman.  He felt it was a “matter of principle;” and was bothered by an increment higher than that given to the Town Manager.  That, he continued, coupled with the current “tough times” and the difficult financial times now being experienced by many South Windsor residents made it a matter of principle.

The Councillor then asked about measures being taken on Buckland Road to combat the “mud” situation at the construction site of Evergreen Walk” and out onto Buckland Road.  He felt it could become a “safety” issue for the travelling public.  Mr. Galligan explained the measures already being taken—including the placement of large quantities of crushed stone, etc.  However, he added, the weather was not being cooperative—warm temperatures together with heavy rains.

Councillor Delnicki then quoted from articles published recently in The Hartford Courant regarding using narcotics dogs in local school systems to help combat the use of drugs by students.  He asked if South Windsor’s narcotics dog could be made available to South Windsor’s Board of Education should the Board decide to adopt such a program.  Mr. Galligan replied that it would be made available.  Following further discussion, the Councillor asked if there was any objection from the other Members of the Town Council to his forwarding the articles, together with a letter from him, regarding the merits of such a program to the Board of Education.  Council had no objection.


ITEM:

10.     Communications and Reports from Town Manager  (Continued)

Mr. Galligan said, again, that cooperation from our Police Department would not be a problem; and added that the use of our narcotics dog has been offered to the Board of Education on previous occasions.

In conclusion, Mayor Havens stated that although the Town “may not prevail” with regard to this Award, the discussions surrounding it brought to light, for the public, the obvious reasons “the cost of doing business is so high.”  He, too, asked the Town Manager to provide the necessary figures, as requested by the Deputy Mayor; and asked the Town Attorney to provide Council with his legal opinion regarding this issue.

Mayor Havens then asked about the abandoned brick house on Buckland Road across from the Evergreen Walk site.  The house, according to the Town Manager, is owned by the developers of Evergreen Walk; and the area on which it is located may figure in future development plans of its Owners, Messrs. Richard Ripps and John Finguera.

Returning to the topic of Police Dogs being used in our public schools, Mayor Havens warned Councillor Delnicki that such a program could have repercussions; and, he, personally and at this time, was against it.

11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Councillor Streeter reminded Council of a meeting to be held tomorrow evening, January 6, by the Board of Education regarding elementary facilities; and which is to be attended by the architect for this project, and the Public Building Commission—and to which the Town Council has been invited.

The Councillor then referred to Article 17. L.  a Resolution Appointing Bonnie Enes as the Town’s First “Poet Laureate,” and which will be tabled.  He suggested that “before it comes off the table,” and before naming a person to this appointment, there should be a Resolution on the creation of the position of Poet Laureate for the Town—and, specifically, to outline the duties of this person.

ITEM:

13.     Communications and Petitions from Council  (Continued)

A discussion ensued wherein Mayor Havens explained that he was under the impression that it was a Mayoral appointment; and, as he felt the case was with the Town Historian, no “Job Description” was necessary.  Town Attorney Guliano said he would ask—is this to be more of an “Honorary” position, or a substantive position.  This, he added, might affect the specificity needed.

Mayor Havens said that the next Agenda would provide the “duties” associated with this appointment.

14.     Public Participation  -  None

15.     Consent Agenda

Motion to accept Agenda Items 16. A. through 16. AA., and 17. A. through 17. L. as the Consent Agenda

Was made by:    Councillor Pendleton
Seconded by:            Councillor Aman

16.     Unfinished Business

*A.     Reappointment of Joel Nadel (D) to the Board of Assessment Appeals,

BE IT RESOLVED that the South Windsor Town Council reappoints Joel Nadel to the Board of Assessment Appeals for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*B.    Appointment of Thomas Barrett (D) to the Board of Assessment Appeals

BE IT RESOLVED that the South Windsor Town Council appoints Thomas Barrett to the Board of Assessment Appeals for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)


ITEM:

16.     Unfinished Business  (Continued)

*C.    Reappointment of Joseph Kennedy (D) to the Drug and Alcohol Abuse Prevention Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Joseph Kennedy to the Drug and Alcohol Abuse Prevention Commission for a term ending September 1, 2005.

(APPROVED BY CONSENT AGENDA)

*D.     Reappointment of Marjorie Anthony (D) Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Marjorie Anthony to the Economic Development Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*E.     Appointment of Dwight Johnson (D) to the Economic Development Commission to fill the Unexpired Term of Clifford Slicer

BE IT RESOLVED that the South Windsor Town Council appoints Dwight Johnson to the Economic Development Commission for a term ending November 30, 2005, to fill the unexpired term of Clifford Slicer.

(APPROVED BY CONSENT AGENDA)

*F.    Appointment of Gary Pitcock (D) as a Full Member of the Historic District Commission

BE IT RESOLVED that the South Windsor Town Council appoints Gary Pitcock a Full Member of the Historic District Commission for a term ending November 30, 2008.

(APPROVED BY CONSENT AGENDA)



ITEM:

16.     Unfinished Business  (Continued)

*G.     Reappointment of Dwight Johnson (D) to the Housing Authority

BE IT RESOLVED that the South Windsor Town Council reappoints Dwight Johnson to the South Windsor Housing Authority for a term ending November 30, 2008.

(APPROVED BY CONSENT AGENDA)

*H.     Reappointment of Myrna Symes (D) to the Human Relations Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Myrna Symes to the Human Relations Commission for a term ending November 30, 2006.

(APPROVED BY CONSENT AGENDA)

*I.     Reappointment of Philip Forzley (D) to the Inland/Wetlands Agency

BE IT RESOLVED that the South Windsor Town Council reappoints Philip Forzley to the Inland/Wetlands Agency for a term ending December 1, 2007.

(APPROVED BY CONSENT AGENDA)

*J.    Reappointment of William Grace (D) to the Inland/Wetlands Agency

BE IT RESOLVED that the South Windsor Town Council reappoints William Grace to the Inland/Wetlands Agency for a term ending December 1, 2007.

(APPROVED BY CONSENT AGENDA)

*K.     Reappointment of Barbara Kelly (D) to the Inland/Wetlands Agency

BE IT RESOLVED that the South Windsor Town Council reappoints Barbara Kelly to the Inland/Wetlands Agency for a term ending December 1, 2007.

(APPROVED BY CONSENT AGENDA)


ITEM:

17.     New Business  (Continued)


*L.     Reappointment of Marcia Andrus (D) to the Library Board

BE IT RESOLVED that the South Windsor Town Council reappoints Marcia Andrus to the Library Board for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*M.     Reappointment of Marilyn Morrison (D) to the Mass Transit and Highway Advisory Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Marilyn Morrison to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*N.     Reappointment of James Neary (D) to the Mass Transit and Highway Advisory Commission

BE IT RESOLVED that the South Windsor Town Council reappoints James Neary to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*O.     Reappointment of Susan Smith (D) to the Mass Transit and Highway Advisory Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Susan Smith to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)




ITEM:

17.     New Business  (Continued)


*P.     Reappointment of Peter Anthony, Jr. (D) to the Park and Recreation Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Peter Anthony, Jr. to the Park and Recreation Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*Q.     Reappointment of Daniel Rezende (D) to the Park and Recreation Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Daniel Rezende to the Park and Recreation Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*R.     Appointment of Andrew Paterna (D) to the Park and Recreation Commission

BE IT RESOLVED that the South Windsor Town Council appoints Andrew Paterna a full Member of the Park and Recreation Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*S.     Reappointment of James Throwe (D) to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council reappoints James Throwe to the Patriotic Commission for a term ending August 31, 2006.

(APPROVED BY CONSENT AGENDA)





ITEM:

17.     New Business  (Continued)


*T.     Appointment of Peter Anthony, Sr., to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council appoints Peter Anthony, Sr. a full Member of the Patriotic Commission for a term ending August 31, 2006, to fill the unexpired term of Elizabeth Pendleton.

(APPROVED BY CONSENT AGENDA)

*U.     Reappointment of Nancy Simonds (D) to the Personnel Board of Appeals

BE IT RESOLVED that the South Windsor Town Council reappoints Nancy Simonds to the Personnel Board of Appeals for a term ending November 30, 2006.

(APPROVED BY CONSENT AGENDA)

*V.     Reappointment of Glenn Beaulieu (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Glenn Beaulieu to the Public Building Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*W.     Reappointment of Ken Jeski (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council reappoints Ken Jeski to the Public Building Commission for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)



ITEM:

16.     Unfinished Business  (Continued)


*X.    Reappointment of Richard Aries (D) to the Water Pollution Control Authority

BE IT RESOLVED that the South Windsor Town Council reappoints Richard Aries to the Water Pollution Control Authority for a term ending November 30, 2009.

(APPROVED BY CONSENT AGENDA)

*Y.    Appointment of Michael Gauthier (D) to the Water Pollution Control Authority

BE IT RESOLVED that the South Windsor Town Council appoints Michael Gauthier a full Member of the Water Pollution Control Authority for a term ending November 30, 2005 to fill the unexpired term of Clifford Slicer.

(APPROVED BY CONSENT AGENDA)

*Z.     Reappointment of Stephen Wagner (D) to the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council reappoints Stephen Wagner to the Zoning Board of Appeals for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)

*AA.    Appointment of Sandy Jeski (D) to the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council appoints Sandy Jeski a full Member of the Zoning Board of Appeals for a term ending November 30, 2007.

(APPROVED BY CONSENT AGENDA)





ITEM:

16.     Unfinished Business  (Continued)


BB.    Reappointment of Harvey Fine (D) to the Mass Transit and Highway Advisory Commission
(Councillor Paquin)

BE IT RESOLVED that the South Windsor Town Council reappoints Harvey Fine to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2007.

Was made by:    Councillor Paquin
Seconded by:            Deputy Mayor Pelkey
The Motion was: Approved, unanimously

17.     New Business  

*A.     Reappointment of Joseph J. Carino (R) to the Economic Development Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council reappoints Joseph J. Carino to the Economic Development Commission for a term ending November 30, 2007, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*B.     Appointment of Daniel J. Rys (R) a Full Member of the Economic Development Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Daniel J. Rys a full member of the Economic Development Commission for a term ending November 30, 2007, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)



ITEM:

17.     New Business  (Continued)

*C.     Appointment of Susan J. Burnham (R) as an Alternate to the Economic Development Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Susan J. Burnham an Alternate to the Economic Development Commission for a term ending November 30, 2005, to fill the unexpired Alternate term of Daniel J. Rys, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*D.     Reappointment of Joseph J. Carino (R) to the Water Pollution Control Authority, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council reappoints Joseph J. Carino to the Water Pollution Control Authority for a term ending November 30, 2009, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*E.     Appointment of Cary N. Prague (R) as a Full Member of the Park and Recreation Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Cary N. Prague a Full Member of the Park and Recreation Commission for a term ending November 30, 2005, to fill the unexpired term of Josephine DeMaio, and hereby tables the same.

 (APPROVED BY CONSENT AGENDA)

*F.     Appointment of Deborah R. Burnham as an Alternate to the Park and Recreation Commission, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Deborah R. Burnham an Alternate to the Park and Recreation Commission for a term ending November 30, 2005 to fill the unexpired Alternate term of Cary Prague, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)



ITEM:

17.     New Business   (Continued)

*G.     Appointment of Barbara Barbour to the South Windsor Redevelopment Agency, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Barbara Barbour to the South Windsor Redevelopment Agency for a term ending December 31, 2009, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*H.     Reappointment of Cile Decker to the South Windsor Redevelopment Agency, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council reappoints Cile Decker to the South Windsor Redevelopment Agency for a term ending December 31, 2009, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*I.     Reappointment of Bernard J. Demko to the South Windsor Redevelopment Agency, and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council reappoints Bernard J. Demko to the South Windsor Redevelopment Agency for a term ending December 31, 2009, and hereby tables the same.


*J.     Reappointment of D. Bruce McDonald to the South Windsor Redevelopment Agency, and the Tabling of Same
(Councillor Aman)

BE IT RESOLVED that the South Windsor Town Council reappoints D. Bruce McDonald to the South Windsor Redevelopment Agency for a term ending December 31, 2009, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)


17,     New Business  (Continued)

*K.     Reappointment of James R. McGinn to the South Windsor Redevelopment Agency , and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council reappoints James R. McGinn to the South Windsor Redevelopment Agency for a term ending December 31, 2009, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

*L.     Appointment of Bonnie Enes as the Town’s First “Poet Laureate,” and the Tabling of Same

BE IT RESOLVED that the South Windsor Town Council appoints Bonnie Enes as the Town’s first “Poet Laureate,” for a term ending November 7, 2005, and hereby tables the same.

(APPROVED BY CONSENT AGENDA)

M.      Resolution Approving the Designation of the Benedict Drive Pump Station Jib Crane as Surplus Equipment and Authorizing the Appropriate Disposal of Said Surplus Equipment by the Town Manager

WHEREAS, the South Windsor Public Works Department, Pollution Control Division, installed a two-ton jib crane as an improvement in the upgrade of the Benedict Drive Pump Station in 2001; and

WHEREAS, the area residents have expressed their dissatisfaction in the appearance of said crane; and

WHEREAS, the Pollution Control Division has alternative equipment which can be used to lift equipment from the Pump Station

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council declares the Benedict Drive Pump Station Jib Crane to be surplus equipment and authorizes the Town Manager to dispose of said crane by whatever means deemed appropriate.

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

ITEM:

17.     New Business  (Continued)


N.      Resolution Approving Additional Funding for the Hiring of a Temporary Construction Inspector to Oversee and Inspect Construction of the Shops at Evergreen Walk

WHEREAS, the construction of the Shops at Evergreen Walk includes substantial improvements to Buckland Road, and installation of the Town- owned Trunk Line Sewer—said construction having begun and expected to continue on a fast track through 2004; and

WHEREAS, the Engineering Division of the Public Works Department does not have sufficient personnel or funding to hire additional personnel to simultaneously oversee and inspect the construction of the Shops at Evergreen Walk, the improvements to Buckland Road and the construction of the Trunk Line Sewer along with other anticipated construction projects in 2004; and

WHEREAS, in consideration of the foregoing, the Engineering Division of the Public Works Department requests additional funding for FY 03/04 to hire a temporary or contractual construction inspector to assist with the inspections needed for the construction of the Shops at Evergreen Walk and the improvements to Buckland Road and the construction of the Trunk Line Sewer.  

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby transfers $10,000 from the Contingency Account number 001-1910-9001-390 to Engineering Account number 001-1331-3111-114 to hire a temporary or contractual construction inspector to assist with the inspections necessary for the construction of the Shops at Evergreen Walk and the improvements to Buckland Road and the construction of the Trunk Line Sewer.

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

(Resolution Continued on Next Page)

ITEM:

17.     N.  (Continued)


Before a vote was taken on this Resolution, Town Manager Matthew Galligan, and Director of Public Works Michael Gantick responded to Council’s questions regarding it by explaining the need for approval of this Resolution, and the one to follow (17. O.)  They explained that (1) inspections on the Evergreen Walk project had to be done in a timely fashion in order to allow the developer to proceed to each succeeding step in the construction of this very large project; and (2) the demand for temporary assistance with the necessary and required inspections in light of the added workload on our Building and Engineering Departments. Dictated the need for these additional temporary

Mayor Havens then called for a vote on the Motion.  It was approved, unanimously.


O.      Resolution Approving Additional Funding for the Hiring of a Temporary Licensed Building Inspector to Assist in Construction Inspections of the Shops at Evergreen Walk and Berry Patch Adult Housing

WHEREAS, the construction of the Shops at Evergreen Walk and Berry Patch Adult Housing has begun and will continue through the Year 2004; and

WHEREAS, the Building Department lacks sufficient personnel and funding for Fiscal Year 2003/2004 to hire a temporary licensed building inspector to augment inspections of construction at the Shops at Evergreen Walk and Berry Patch Adult Housing; and

WHEREAS, in consideration of the foregoing, the Building Department requests additional funding for Fiscal Year 2003/2004 to hire this temporary licensed building inspector


(Resolution Continued on Next Page)


ITEM:

17.     O.  (Continued)


NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council approves the transfer of $8,500 from Contingency Account #001-1910-390 to Building Department Account #001-1230-2400-114 to hire a temporary licensed building inspector to assist with inspections of construction at the Shops at Evergreen Walk and Berry Patch Adult Housing.

Was made by:    Councillor Paquin
Seconded by:            Deputy Mayor Pelkey
The Motion was: Approved, unanimously

P.      Discussion Item Possible Tax Partnership with “South Windsor Technology Center”

Speaking to this issue was Town Manager Matthew Galligan who, using a schematic of the area, explained to Council that this company has been trying to develop this parcel of land off of Sullivan Avenue for some time.  This parcel, he continued, is about 80 acres in size, and is currently classified as PA490, which entitles it to an exemption for “farming”).  As such, Mr. Galligan said, it has generated about $1,800 a year in taxes.  

Continuing, Mr. Galligan said that a gentleman named Dave Caron has an option on the parcel; and has spent “enormous amount of funds” to get this project done—including meeting the requirements of the Army Corps of Engineers; having archeological studies conducted, etc.  

Speaking of the Town’s Utility Road Program, Mr. Galligan reminded Council that its adoption was meant to help businesses recoup some of the money developers were required to spend on utilities and roads.  This particular project, he added, was being done in two phases—two different roads linking Schweir and Patria Roads—and was of particular interest because of the possibility of bringing in high internet technology to this project.

Mr. Galligan pointed out that both Windsor and South Windsor have been having difficulty with marketing existing industrial and commercial buildings because most of them have been built in the 1950s and 1962, and many new businesses will not retrofit old buildings—for many reasons.


ITEM:

17.     P.  (Continued)


With regard to a “tax abatement” for this business, Mr. Galligan said that the banks are making their association with this project contingent upon the Town’s granting this abatement.  Explaining, the Town Manager said that this program allows the developer to recoup, through taxes and over seven (7) years, in this particular case, up to $420,000 to $430,000 of his costs.  Conversely, the Town gains (by removing the land from the PA490 designation) an increase in taxes from $1,800/year to $35,000/ year for this same parcel of land.

Questions from the Town Councillors, and  a lengthy discussion, followed.  

Q.      Resolution Approving a Tax Refund to Thirty-Two (32) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to Thirty-Two (32) South Windsor taxpayers, the total of said refunds being $10,723.87, and as shown on attached Exhibit A.

Was made by:    Councillor Delnicki
Seconded by:            Deputy Mayor Pelkey
The Motion was: Approved, unanimously

18.     Passage of Ordinance - None

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

20.     Executive Session(If needed to continue discussion on pending litigation regarding Evergreen Walk

        Councillor Paquin moved to go into Executive Session to discuss pending litigation regarding Evergreen Walk.  The Motion was duly seconded, and approved unanimously.


ITEM:

20.     Executive Session

        Mayor Havens announced to the listening audience that Council would not be returning to the camera following the Executive Session.  However, Town Attorney Barry Guliano said that he would be requesting another Resolution for Council’s consideration at that Executive Session; and would require a vote on it following the Executive Session.  He asked that the Regular Meeting not be adjourned until after that vote.

Councillor Streeter questioned the need for “unanimous Council approval” to introduce a new Resolution to this evening’s Agenda.  According to Atty. Guliano, however, since the Resolution was precipitated as a result of the Executive Session, no such unanimous consent was required.

The Regular Meeting was reconvened at 10:05 p.m.  Deputy Mayor Pelkey made a Motion to introduce a new Resolution into the record.  The Motion was seconded by Councillor Delnicki, and approved unanimously.  The Motion read as follows:


Resolution Confirming Authorization to provide Easement to Poag & McEwen Lifestyle Centers—Connecticut, LLC and/or Evergreen Walk, LLC Over Properties on Buckland Road and Ratifying Said Easement

WHEREAS, the South Windsor Town Council, at its meeting of July 2, 2001, stated an intent to retain title to properties along Buckland Road, obtained from the State, but to provide only easements for access and other purposes over the properties to Evergreen Walk, so that the Town continued to retain control over the properties; and

WHEREAS, by resolution at said meeting, the South Windsor Town Council authorized the Town Manager to prepare and submit a letter on behalf of the Town stating that the developers could go forward with their applications,  which letter was based upon the representation that said easements would be provided for access; and

WHEREAS, said authorization was confirmed by the South Windsor Town Council at a subsequent executive session on May 5, 2003, wherein the issue was discussed because it involved ongoing negotiations and draft documents not subject to public disclosure; and

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ITEM:

20.     Executive Session



WHEREAS, said easements and other terms have been negotiated between the Town and the developers, leading to a final agreement which is attached hereto as Exhibit B.

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby reconfirms previous Council actions regarding this Easement, and approves and ratifies the execution of the Easement Agreement attached hereto as Exhibit B.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Streeter
The Motion was: Approved, unanimously

21.     Motion to Adjourn

A motion to adjourn was made at 10:20 p.m. by Councillor Delnicki, duly seconded and approved, unanimously.



Respectfully submitted,

                                                
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A. and B.)