P R E L I M I N A R Y
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES Page 1 MARCH 1, 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 Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Havens called the meeting to order at 8:00 p.m.
ITEM:
5. Public Input
Mayor Havens noted that there were several people present wishing to speak to the “Lawrence Road Park” issue. He asked that they be brief, and one speaker not repeat what others have already said on the subject.
Speaking on this issue were:
Kevin Reilly, 215 Lawrence, South Windsor, directing his question to the Members of the Town Council, asked if the Members were (personally or through delegation to Town employees) working to develop a “Sports Complex” on the Lawrence Road property. He stated that it appeared to him, and to others, that the proposed activity currently going on at this location was a “low-key attempt by the Town of South Windsor to work towards the creation of this Sports Complex on the property.”
Next to speak was Roy Normen, Homestead Drive, and a Member of the Open Space Task Force, first referred to the two signs in the lobby of the Town Hall this evening, designating “Wapping Park.” Of particular note, he continued, was the fact that they are the work of our own Public Works Department employees, and are an “outstanding job.”
ITEM:
5. Public Input (Continued)
Continuing, and referring to the “Lawrence Road” project, Mr. Normen reminded those present that “the Town has neglected that property for much too long.” He felt that the Town for many years should have been mowing through that area, periodically, to keep the brush down and to keep it as “open field.” He stated that it “has always been designated as being a park area.”
Mr. Normen also stated that this is not a precedence because there is a plan called the “Integrated Stewardship Recommendations – Town of South Windsor Sustainable Natural Resource Development Project;” and the work scheduled to be done at Lawrence Road Park are in accordance with this Plan—some of which has already been done at the “Barton property,” at the Rye Street Park/Brookfield Street area.
The Open Space Task Force, according to Mr. Normen, has been trying for some time to get the Town to maintain open space in a manner that helps the environment and provides for wildlife. He went on to describe the effect of dense growth that leaves no room for any kind of undergrowth or normal succession. Saying he was very supportive of the planned work, Mr. Normen referred to it as “good property management” that had nothing to do with recreation.”
Alan Witkin, 64 Lawrence Road, said he was present representing a large number of residents in the northeast section of Town in the vicinity of the Lawrence Road open space area. He described its location, and reiterated the nature of the proposed project by the Town. According to Mr. Witkin, the Town gave notice of its intent that the land in this open space area be cleared of trees; and, has given the neighboring residents one week’s notice of such. He said he was present to ask the Town to “delay its action” for the reasons he intended to speak about.
Water run-off Where will it go?
Impact of “chemicals” used by the Town on wells in the neighborhood
Need for a study or report before Town proceeds with the project
Wildlife habitat – What affect on many species of wildlife currently living in that area. Requested review by State Department of Wildlife Protection.
Autumn Olive – Will its removal disturb wildlife habitat?
ITEM:
5. Public Input (Continued)
Lack of input – Residents wished to receive input from the Town’s Open Space Task Force; the Inland/Wetlands Commission/Officer; and the direct involvement of the “nearby property-owners.”.
Wooded “walking trails – What happened to this plan?
Concluding his remarks, Mr. Witkin said that the citizens of South Windsor were asking the Town Council to delay their actions until there is an “accepted plan” for the use of the land. He noted that there was no plan for Lawrence Road Park; but were aware of the fact that it had been slated for development until the Referendum of 2002 was “decisively defeated in 2002.”
The next speaker was Nick Odams, 27 Chatham Lane, who spoke of the Recreation Plan Referendum’s “overwhelming defeat; and the clear opinion of the residents in the area that they did not want this “open space” developed. He took issue with it’s being referred to as a “park;” and stated that it was “open space.” He asked for documentation that it would be for “the public health and safety” as stated in the posting around the site” to clear this land. He asked where the ”hazards” existed.
He, too, felt that this was “only the first phase in a never-ending quest to turn this land into athletic fields;” and questioned the expenditure of $10,000 to clear this land, as well as the money the Town would need to spend on the suggested studies or plans.
Jeffrey Post, 43 Heatherwood Drive, said he was concerned about “trust.” He pointed out that recent budgets have been “tight;” Mr. Post also provided aerial photos of the area in question—noting what happens when trees are removed.
Mark Sluboski, 226 Lisa Drive, said he was in favor of a “prudent and proactive land management program on this valuable open space property. He said he walks in the area of this land; and has observed that for the 18 years he has lived in the northeast corner of South Windsor he has noted that the Town has ignored this parcel—nothing has been done to improve this property in those 18 years. Mr. Sluboski said that he walked through this open space property today and found beer cans and empty alcohol bottles, etc.
ITEM:
5. Public Input (Continued)
Deputy Mayor Pelkey expressed his appreciation for the presence of the interested residents; and the manner in which they presented their concerns. He then presented a chronology of the events associated with this property as they had occurred during his tenure on the Council--beginning with a “study” commissioned by the Town on open space.
To further describe this study, the Deputy Mayor explained that as a result of this $20,000 expenditure, the Town received (through a Federal Grant) $30,000 back. This Grant, he said, was used to “help lay out a plan to manage our open space in Town.” Also as a result of this Grant, a Forest Management Service Plan was developed and patterned, in this case, to be used on the “Barton Property” at Brookfield Street.
Referring to the year 2000’s “Open Space Master Plan,” Deputy Mayor Pelkey read an excerpt from that Plan referring to a “strategic plan for natural resource management,” consistent with the Town Plan of Conservation and Development; the Recreation Master Plan; the Open Space Master Plan; and the Town’s Strategic Plan.
In an effort to point out that this open space management was not something the town had “just cooked up,” Deputy Mayor Pelkey noted, in particular, one of the four goals stated in this ‘Strategic Plan” back in the year 2000, was “The development of individual management plans for each property, to be completed within ten (10) years”—one of which was the “Lawrence Road” property.
Saying that he, too, had walked the property within the week; Mr. Pelkey distributed for viewing pictures he had taken of the area and the condition it was presently in. He said what he had found was very disturbing—“we have a dump developing out there;” but of particular concern were the remains of a bonfire out there.
The Deputy Mayor then quoted from an area resident’s letter which, he felt, was vitriolic; and stated, as was the case this evening, “when there’s reasonable dialogue, there’s reasonable results.” He also pointed out that “there’s no conspiracy to put a park or complex in there. If anything of that type goes into that facility, he added, there would have to be another Referendum Question and multiple Public Hearings, etc.
ITEM:
5. Public Input (Continued)
Mayor Havens, addressing the Town Manager, said that he hoped when the Town Manager left this evening’s meeting he would be “comfortable with some of the things that we (the Town Council) planned to do” at Lawrence Road; and that “things will be preserved there. He asked Mr. Galligan to “wrap things up” so the Council can move forward; and to try to assure residents that the work being contemplated at Lawrence Road was “the right thing to do for the community.”
Mr. Galligan said that the Deputy Mayor had done a great job describing the situation. The Town Manager, too, assured the public that there was nothing underhanded being planned here. He, too, reminded everyone that there had been much talk on “maintaining open space” several years ago—where residents came before the Town Council to complain that the Town was not maintaining its open space parcels the way it should, to the point where the residents abutting these properties were beginning to maintain them.
Mr. Galligan informed those present that, each year, the Town appropriated money to be placed in the Tree Warden’s Budget for “forest management” of the Town’s open space areas. Emphasizing the need for this, he cited incidents where the lack of this care and forest management had fueled fires that eventually spread to surrounding neighborhoods. The Town Manager said that other open space parcels are slated for this same type of maintenance and management; and added his assurances that “there is no hidden Agenda here.”
Following a brief recess Mayor Havens reconvened the Regular Meeting at 9:00 p.m.
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council meetings: Work Session of January 20, 2004; Regular Meeting of January 20, 2004; and Work Session of February 2, 2004.
Was made by: Councillor Yacavone
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
ITEM:
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible
to the Council
Craig Zimmerman, 5A Amato Drive and Chairman of the Park and Recreation Commission, said he had waited until this section of the meeting to address, what he felt was some “misinformation” regarding future plans for the Lawrence Road Open Space. The previous discussion regarding this subject, prior to convening this meeting, he felt, addressed the “cutting” and removing of small trees in the area.
Referring to the number of phone calls and E-Mails “going around Town” regarding a plan to construct a “Sports Complex” at Lawrence Road, Mr. Zimmerman wanted to go on record (as Chairman of the Park and Recreation Commission) stating that “the Commission has not come forward with a proposal to build a ‘park’ at Lawrence Road.” He also stated that “We don’t have a Sports Complex in Town; and, if we ever were to build one, it probably would not be at Lawrence Road.”
What Mr. Zimmerman wished to clear up was what he felt was “misinformation” regarding Referendum results. He said the residents who spoke this evening kept referring to the “Referendum to build a Park at Lawrence Road.” He said he was not aware of any Referendum for such a project; or a Referendum to create a “community park” at Lawrence Road. He felt that fact needed to be cleared up for those listening to these Town Council meetings.
What Mr. Zimmerman wanted corrected, for the record, was the fact that in the referenced Referendum people voted “down” spending $4.9 million on a variety of recreation projects over the next few years—“they didn’t vote down developing Lawrence Road.” It was his opinion that, “at some point, there’s going to be a ‘park’ there—there always was supposed to be.
The Chairman questioned why--If there was a strong, legitimate reason for cutting some trees and getting rid of some growth; and there wasn’t a ‘secret plan’ to build a park on that open space parcel--the Town was potentially “backing off” off the necessary maintenance because “15 people show up” to object to anything being done at that location. He said he was disappointed “not because we’re not building a park tomorrow,” but because an important decision was being made because “15 people showed up at a meeting.”
ITEM:
10. Communications and Reports from Town Manager
Mr. Galligan, referring to the Resolution associated with 300 Rye Street, said that this project that will cost about $5.6 million—of which, the Owner is putting up $1 million; CDA will put in between $800,000 to $1 million for remediation of the site. Right now, he said, the Town receives about $48,000 in taxes; however, were it to be restored to its Market Value, it would generate about $120,000 in taxes.
The difference between these two tax figures, according to the Town Manager, would be used to pay the CDA back for the money that it is loaning for the “clean-up” work. Additional anticipated taxes, Mr. Galligan said, would be on “equipment” which would be between $1 million and $1.5 million; and trucks which will be close to over $110,000 in taxes generated that will come to the Town.
Speaking of the building, itself, Mr. Galligan reminded Council that it has been sitting there, empty, for quite awhile; there were “environmental” problems that had to be resolved; the roof is starting to leak; and he and staff felt it was time to get these problems cleaned up before they “go outside the building.”
If the Town Council approves the Resolution regarding this building this evening, according to Mr. Galligan, he will submit the application tomorrow to CDA tomorrow; and the new Owner is looking to close on their financing by the end of the month, and start the work immediately thereafter.
Mr. Galligan then went on to mention the two (2) “Tax Partnership/Abatement” proposals on this evening’s Agenda—one for “ElectroMethods” for an expansion of an additional 25,000 square feet; and the second, is a return of “O&W Heat,” which the company felt should have been done at the time of its expansion, and was not. O&W requests that the Town Council now consider their proposal, he added.
Mr. Galligan said that with regard to the “softball” teams, it is staff’s recommendation that the Town not move forward in redoing that field because many of the softball leagues have found other locations for now, with many saying they will be back when the softball fields are ready for their use.
In conclusion, the Town Manager requested a “Special Meeting” of the Town Council for Monday, March 22, to go over the proposed 2004/2005 General Government and Board of Education Budgets.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Referring to CRRA, and their latest costs, Mr. Galligan said that only this afternoon he had received their quotes. Originally, he added, they were seeking $90/ton--which would have been a substantial increase. After meeting with Mike Pace, Chairman of CRRA, and representatives from other municipalities, the Town Manager said he now understood it was going to be $70/ton—or, approximately $6.75 increase per ton.
Continuing, Mr. Galligan said that CRRA’s needed increase still stems from the “ENRON” debacle; and they were trying to “ease” the situation for the municipalities over a period of time. The Company, he said, is working very hard to secure new landfills to replace the Hartford Landfill.
“This new group (at CRRA),” according to Mr. Galligan, are providing a much more “open” forum, as witnessed by the current easy participation of representatives from municipalities, etc.
Councillor Delnicki, referring to the Town Manager’s February 3 letter to Dr. Wood referencing a meeting about a “Sixty-three Twenty Corporation” that puts together school projects, asked for a little information on this meeting. Mr. Galligan responded that, unfortunately, he was unable to attend that meeting.because of a Court date on Evergreen Walk. However, he added, what the meeting was about was, basically, the same as discussed for a proposed Recreation Center.
Mr. Galligan said that there is a group of developers around the Country (this one has done “prisons” for the Federal Government) who come in and “guarantee maximum price.” What they do, he said, is “build it to your specifications, and lease the property—for 20 years, 30 years, whatever; and, at the end of that lease, you take the building for $1.00, or walk away from it depending on your needs at that time.
The Town Manager reminded Council that there are “a lot of issues going on right now with the school project; and the Board is moving in a certain direction to go to Referendum.” He said he felt it was prudent, if there is another way to look into other ways to building school projects either for “cheaper dollars,” “same dollars,” it should be looked into.
ITEM:
10. Communications and Reports from Town Manager (Continued)
The one issue that is now at the forefront, according to Mr. Galligan, is the issue of “leasing.” The question, he felt, was whether the Town Council would want to lease something without getting the voters input. He suggested the Council may want to consider putting this issue “out for Referendum for leasing.”
Mr. Galligan cited instances where this option was used—the State of Connecticut, he said, used the 63-20 Corporation for two Court Houses, one in Middletown, the other in Waterbury. Also, he added, other States such as Nevada and California have used this other avenue. A group of local people, formed as this Corporation, would have to be appointed to manage and operate the project.
Councillor Delnicki, saying it was an “interesting proposal,” agreed that the people of South Windsor would have to vote in a Referendum to approve a proposal of this type.
Councillor Fine said she wanted to let the Town Council and Town Manager know how disappointed she was that the problem of the displacement of the “adult softball teams” wasn’t resolved—for whatever the reason.
Also, the Councillor said the biggest objection she had at Council’s previous Regular Meeting with the MASSCONN (Dunkin’ Donuts) Resolution was her concern with the size and number of “trucks” being contemplated for the area. She said her concerns, however, have been alleviated by seeing that they were speaking of “10 light duty trucks.” She suggested to the Town Manager that if, in the future, there are subjects on the Town Council’s Agenda that have significant “time constraints,” that the Councillors be informed of such “ahead of time.”
Councillor Pendleton asked the Town Manager to pass along to the Public Works personnel responsible for the “signs” for “Wapping Park” that they are “absolutely beautiful;” and she thanked the Director of Public Works for bringing them in this evening for Council’s viewing. The Councillor informed those listening that she has seen, first hand, at the Town Garage, how Town staff produces these beautiful signs, in house—the new “Adopt a Road” signs providing further proof of Town staff talents in this area.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Deputy Mayor Pelkey echoed Councillor Fine’s concerns regarding the Council’s lack of awareness of “timelines” associated with certain projects and Resolutions. He also was aware that “sometimes” the Council asked if there were time constraints, and sometimes it forgets to ask. He added, as a further example, the case of the provision of a playing field for the adult softball teams and how important it had been for Council to act, soon, because of the shortness of time for the American Legion, Little League, etc. to reschedule their games in order to accommodate the adult softball teams.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
13. Communications and Petitions from Council
Councillor Pendleton, addressing the Town Manager and the Town Attorney, asked for clarification, for the record, on the procedure and protocol for “communications” between the Town Council Members and the Board of Education. As Board of Education liaison, Councillor Pendleton said she had been asked by Board Members to request that Town Manager Matthew Galligan be at their Budget Work Session to provide information on Town government-type questions.
She, again, asked for clarification on the procedure to be followed in such a case so that said procedure can be referenced in the future.
Atty. Guliano addressed this request by saying that in the Board of Education’s bylaws there is “nothing specific about the specific issue you raise.” However, he continued, at the beginning of these bylaws it instructs that each Board Member acts only as a Committee of the whole with the entire Board. Accordingly, he added, past practice has been that requests should come not from individual Members, but from the entire body. He gave an example.
Councillor Aman, referring to the Union School Subcommittee, said that this group has “finished their charge;” and, so, he was requesting that a Resolution be placed on Council’s next meeting Agenda that would directed the Subcommittee to move on to the “next stage” of collecting “Requests for Proposals” and working with those presenting their Requests.
ITEM:
14. Public Participation - None
15. Consent Agenda - None
16. Unfinished Business
A. Resolution Authorizing the Town Manager to Execute Documentation Waiving the Prohibition of a Truck Terminal on Property Purchased by MASSCONN DISTRIBUTORS CPL, Inc. (Dunkin’ Donuts) in the John Fitch Industrial Centre
BE IT RESOLVED that the South Windsor Town Council authorizes the Town Manager, with the assistance of the Town Attorney, to execute documentation by which the Town agrees to raise no objection to the Declaration of Restrictive Covenants as a property owner in the Industrial Park to the operation by Dunkin’ Donuts of a truck terminal in the Industrial Park, assuming Dunkin’ Donuts obtains all necessary permits and approvals from Town, State, and other governmental agencies for such a use.
Was made by: Councillor Aman
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
17. New Business
A. Resolution Accepting the Resignation of Robin Surwilo (D) as an Alternate from the Planning and Zoning Commission; and as a Member of the Drug and Alcohol Abuse Prevention Commission
BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Robin Surwilo as an Alternate to the Planning and Zoning Commission; and as a Member of the Drug and Alcohol Abuse Prevention Commission.
Was made by: Councillor Paquin
Seconded by: Councillor Fine
The Motion was: Approved, unanimously
ITEM:
17. New Business - (Continued)
B. Appointment of Gary Bazzano (R) as an Alternate to the Planning and Zoning Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Gary Bazzano an Alternate to the Planning and Zoning Commission for a term ending November 30, 2005, to fill the unexpired term of Roger Cottle, and hereby tables the same.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
C. Resolution Accepting Deeds for Streets in Wheeler Estates, Constitution Landing, Deming Hill Estates, Section 3, Deming Hill Estates, Section 6, and Chase Orchards
BE IT RESOLVED that the South Windsor Town Council hereby accepts the deeds for streets in the following subdivisions:
Wheeler Estates
Wheeler Road (partial) 590 feet
Constitution Landing
Talbot Lane (partial) 167 feet
Connecticut Avenue (partial) 173 feet
Deming Hill Estates – Section 3
Gilbert Lane (partial) 1,491 feet
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
Deming Hill Estates – Section 6
Loomis Road 1,426 feet
Castlewood Drive 792 feet
Chase Orchards
Talcott Ridge Road 4,011 feet
Sweet Meadow Drive (partial) 307 feet
Kingsley Drive 619 feet
Was made by: Councillor Streeter
Seconded by: Deputy Mayor Pelkey
Before a vote was taken, Deputy Mayor Pelkey wished it to be noted that the approval of these roads was adding about 10,000 additional feet of roadway to the Town.
The Motion was: Approved, unanimously
D. Resolution Authorizing the Town Manager to Submit an Application to the Capitol Region Council of Governments for the Reconstruction of Kelly Road
WHEREAS, the Federal Highway Administration has made funds available to the States for such purposes as road improvements; highway and transit safety; and traffic management and control; and
WHEREAS, The Capitol Region Council of Governments has solicited municipal projects in order to distribute about $13,600,000 in Federal allocation available for project funding through the Surface Transportation Program; and,
WHEREAS, Kelly Road is eligible for funding under this program and is structurally in very poor condition; and,
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
WHEREAS, the Town has had several workshops with residents in the Kelly Road neighborhood to explore context-sensitive design and the use of traffic calming features to improve the quality of life for the Kelly Road residents; and,
WHEREAS, the neighborhood has expressed its support of the proposed reconstruction project with its context-sensitive design and traffic calming features;
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to submit a funding request in the amount of $2,000,000, to the CRCOG Transportation Committee for reconstruction of Kelly Road.
BE IT FURTHER RESOLVED that, should funding for said Plan be approved, the South Windsor Town Council will provide the required 10% match, or $200,000, as required by funding guidelines.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
E. Resolution Authorizing Assignment of Certain Incremental Tax Revenues to CBRA for Participation in a Remediation Project at
300 Rye Street, South Windsor
(Councillor Delnicki)
WHEREAS, pursuant to Public Act 01-179 and Sections 32-1a through 32-23yy of the Connecticut General Statutes, as amended by Public Act 01-179 (together the “Enabling Legislation”), for the purpose of assisting a “remediation project”, as defined in the Enabling Legislation, the Connecticut Brownfields Redevelopment Authority (the “CBRA”), a subsidiary of the Connecticut Development Authority (“CDA”) formed pursuant to Section 32-11a(l) of the Connecticut General Statutes, is authorized, upon resolution of the legislative body of a municipality, to issue and administer bonds,
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
notes or other obligations which are payable solely or in part from and secured by: (A)~a pledge of and lien upon any or all of the income, proceeds, revenues and property of a remediation project, including the proceeds of grants, loans, advances or contributions from the federal government, the state or any other source, including financial assistance furnished by the municipality or any other public body; (B)~taxes or payments or grants in lieu of taxes allocated to and payable into a special fund of the CBRA, or (C)~any combination of the foregoing; and
WHEREAS, a “remediation project” as defined in subsection~(ii) of Section 32-23d of the Connecticut General Statutes, as amended by Public Act 01-179, means any project (1)~involving the development or redevelopment of real property within this State that (A)~has been subject to a spill, as defined in Section 22a-452c, (B)~is an establishment, as defined in subdivision (3) of Section 22a-134, (C)~is a facility, as defined in 42 USC 9601(9), or (D)~is eligible to be treated as polluted real property for purposes of Section 22a-133m or contaminated real property for purposes of Section 22a-133aa or Section 22a-133bb, provided the development or redevelopment is undertaken pursuant to a remediation plan meeting all applicable standards and requirements of the Department of Environmental
Protection, (2)~that the CBRA determines will add or support significant new economic activity or employment in the municipality in which such project is located or will otherwise materially contribute to the economic base of the state or the municipality, and (3)~for which assistance from the CBRA will be needed to attract necessary private investment; and
WHEREAS, the Town of South Windsor (the “Municipality”), acting through its legislative body, wishes to request that the CBRA issue and administer a note of the CBRA to the CDA pursuant to the Enabling Legislation (the “Note”), in an aggregate principal amount of up to$1,000,000, with interest at the prevailing rate per annum, which principal amount shall include the reimbursement of the provider of or reimbursement party with respect to any guarantee or letter of credit used to secure the payment of the Note, to the extent of any payments
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
made therefrom, including reimbursement to the CDA to the extent of any payments by the CDA of costs of issuance or administration with respect to the Note or any other expenses incurred by the CDA in providing financial assistance for the Project, for the purpose of assisting the acquisition, development or redevelopment of real property and the construction of improvements within the Municipality known as 300 Rye Street and more particularly described in Exhibit~A, attached to and made a part hereof, for purposes of remedial improvements as stipulated in the “DEP Remediation Plan” (the “Project”) as a “remediation project”, as defined above, for the benefit of Hudson-Baylor (the “Owner”); and
WHEREAS, the Project will involve the productive reuse of polluted or contaminated real property and will add or support significant new economic activity or employment in the Municipality and the Municipality has determined that participation in the CBRA’s tax increment financing program for remediation projects on the terms and conditions set forth in the following resolutions is in the best interests of the Municipality; and
WHEREAS, to secure and provide for the payments of the Note as contemplated by the Enabling Legislation and in consideration of such financial assistance from the CBRA for the Project, the Municipality and all other taxing agencies in the Municipality (collectively, the “Taxing Agencies”) are prepared to (i) pledge to the CBRA and grant to the CBRA a lien upon certain incremental municipal property tax revenues with respect to the Project for deposit to a special fund of the CBRA, for the purpose of payment of the Note, and (ii) authorize the CBRA to exercise with respect thereto the rights provided for in Section 12-195h of the Connecticut General Statutes of an assignee for consideration of any lien filed to secure the payment of such taxes, all pursuant to the Enabling Legislation
and as more specifically provided in the following resolutions; and
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
WHEREAS, in order to consummate the above-described transactions, the Municipality needs to authorize the execution and delivery of the following documents: the Assignment, the form of which is attached to these resolutions; the Financial Assistance Agreement, the form of which is attached to these resolution; and any other documents necessary or appropriate to consummate and give effect to the transactions contemplated by these resolutions; and
WHEREAS, the pledge to the CBRA of and grant to the CBRA of a lien upon such incremental property tax revenues shall be evidenced in the Assignment, which shall provide, among other things, that (A)~in each fiscal year (i)~that portion of the assessed taxes which would be produced by applying that fiscal year’s tax rate of each of the Taxing Agencies to the total sum of the assessed value of the Project on the date of adoption of these resolutions shall be allocated to and when collected shall be paid into the funds of the respective Taxing Agencies in the same manner as taxes by or for said Taxing Agencies on all other real property are paid, and (ii)~that portion of such assessed real property taxes in excess of the amount referred to in subdivision~(i) above (the “Incremental
Property Tax Revenues”) shall be allocated to and when collected shall be paid into a special fund of the CBRA to be used in each fiscal year to pay the Note; (B)~unless and until the total assessed valuation of the Project for real property tax purposes exceeds the total assessed value of the Project on the date of adoption of these resolutions, all of the real property taxes levied and collected upon the Project shall be paid into the funds of the respective Taxing Agencies; (C)~such Assignment shall remain in effect and the Incremental Property Tax Revenues when collected shall continue to be paid over to such special fund of the CBRA through and including the date on which the CBRA has received Incremental Property Tax Revenues in an aggregate amount sufficient to pay and discharge in full the Note, and all moneys thereafter received from taxes upon the Project shall be paid into the funds of the respective Taxing Agencies in the same manner as taxes on all other real
property are paid; and (D) the CBRA may exercise the rights provided for in Section 12-195h of the Connecticut General Statutes of an assignee for consideration of any lien filed to secure the payment of the Incremental Property Tax Revenues; and
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
WHEREAS, the Financial Assistance Agreement shall generally set forth the requirements for requisition and disbursement of the Grant (as defined below), conditions and limitations related to the use of the Grant, procedures for approval of Project plans and specifications, reporting requirements and covenants, insurance requirements, applicable legal requirements, events of default and default remedies, and other appropriate covenants, representations and warranties as may be reasonably required by the CBRA consistent with the Enabling Legislation, and in such Financial Assistance Agreement the Municipality will represent and warrant that the Assignment is in full force and effect and reaffirm its obligations under the Assignment; and
WHEREAS, it is intended that the following resolutions constitute all necessary and sufficient action by and on behalf of the Municipality to authorize participation in the CBRA’s tax increment financing program for remediation projects pursuant to the Enabling Legislation, all on the terms and conditions set forth in the following resolutions;
(Because of the length of the Resolution, Town Attorney Barry Guliano instructed Councillor Delnicki to begin reading an abbreviated version of the Resolution, beginning at this point, and continuing to the end.)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the following::
Section 1. The participation by the Municipality in the CBRA’s tax increment financing program for remediation projects is hereby authorized and approved with respect to the Project, and the Municipality hereby requests that the CBRA issue and administer the Note for the purpose of assisting the Project. The Town Manager of the Municipality is authorized to prepare, execute, and submit to the CBRA an application and other necessary information with respect to the Municipality and the Project (the “Application”), as may be required by the CBRA in connection with the tax increment financing program.
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
Section 2. The pledge to the CBRA of and grant to the CBRA of a lien upon the Incremental Property Tax Revenues with respect to the Project to secure and provide for the payment of the Note, the grant to the CBRA of the rights provided for in Section 12-195h of the General Statutes of an assignee for consideration of any lien filed to secure the payment of the Incremental Property Tax Revenues and the form of the Assignment are all hereby authorized and approved; and
Section 3. The execution and delivery by the Municipality of the Financial Assistance Agreement with the CBRA and the Owner relating to the use of the Brownfields grant (the “Grant”), which Grant will be made from the proceeds of the Note for purposes of assisting the Project, is hereby authorized and approved.
Section 4. Any Authorized Officer is authorized on behalf of the Municipality to execute and deliver the Application, the Assignment, the Financial Assistance Agreement and any and all other agreements, documents, instruments, certificates and notices, including making such representations or agreements and taking such further action as are necessary or appropriate to consummate and give effect to the transactions contemplated by these resolutions.
Section 5. For purposes of these resolutions, references to the CDA and the CBRA shall include any governmental or other entity succeeding generally to the rights and interests of the CDA or CBRA, respectively, by operation of law and any assignee of the rights and interests of the CDA or CBRA, respectively, under and pursuant to the Assignment or the Financial Assistance Agreement.
Section 6. The Municipality does hereby pledge and agree with the CBRA that the Municipality will not limit, alter or terminate the rights vested in the CBRA pursuant to these resolutions, the Assignment, the Financial Assistance Agreement] or any other agreement necessary or appropriate to consummate and give effect to the transactions contemplated by these resolutions until the Note has been paid and discharged in full.
(Resolution Continued on Next Page)
ITEM:
17. E. (Continued)
Was made by: Councillor Delnicki
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
E. Resolution Approving a Tax Refund to Twenty-Three (23) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to twenty-three (23) South Windsor taxpayers, the total of said refunds being $17,434.23, and as shown on attached Exhibit A.
Was made by: Councillor Pendleton
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session – To discuss pending litigation (Evergreen Walk)
A Motion to go into Executive Session to discuss pending litigation with regard to Evergreen Walk was made by Deputy Mayor Pelkey; seconded by Councillor Delnicki; and was approved, unanimously.
21. Motion to Adjourn
A Motion to Adjourn was made immediately following the Executive Session; was duly seconded; and approved, unanimously.
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmt. (Exhibit A.)
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