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Town Counicl Work Session 7/6/2004
TOWN OF SOUTH WINDSOR

TOWN COUNCIL                                                                     WORK SESSION
COUNCIL CHAMBERS                                                           TUESDAY, JULY 6, 2004
SOUTH WINDSOR TOWN HALL                                            TIME:  7:00 P.M.



1.      Call Meeting to Order

Mayor Havens called the meeting to order at 7:05 p.m.

2.      Roll Call

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   (Arriv. 7:15 p.m.)

Also Present:           Town Manager Matthew B. Galligan
                                Town Attorney Barry Guliano

3.      Public Participation  -  None

4.      Communications  -  None

5.      Town Manager’s Report  -  None

6.      Items for Discussion

A.      Additional Local Veterans Exemption

Town Manager Matthew Galligan referred to information provided to the Town Council that provided the recommendation to begin the process of “upgrading” this exemption by the deadline of October 1, 2004.  A 1992 Ordinance allowed changes with regard to South Windsor’s local veterans program.  Currently, he said, any qualified local veteran may receive an additional exemption equal to assessed value of $2,000.  (Note, the local Ordinance allowed a $1,000 benefit, which has been amended by State Statute to $2,000 due to a 1994 Revaluation change.



ITEM:

6.      A.   (Continued)

He continued by stating that the staff recommended the following:  The Assessor’s Office recommends that the local Ordinance program be amended with the following considerations:

To allow qualified veterans up to an additional $10,000 exemption against their assessment.  This exemption, he added, would be dependent upon meeting the established and newly amended  low income allowances; and

Having recorded and received an “Honorable Discharge;” and

Having the qualified applicant receive double the amount of the applicant’s regular veteran’s exemption up to a “cap” of $10,000.

According to the Town Manager, the Town currently grants benefits to sixty-eight (68) qualified veterans; and, this change for that particular number of veterans would cost the Town approximately $4,248.  However, he said, with the proposed change, there would now be one hundred forty-four (144) qualified veterans which, with the additional exemption, would cost the Town approximately $20,612, annually.

Mr. Galligan added that, should all the current estimates of those who qualify and apply meet the new standards, the projected cost could exceed $30,900 as a starting point in the revised program. These changes, he continued, would provide an additional allowance to those veterans who may benefit the most from such a program and, would not place an additional excessive burden upon the Town’s budget.

What the Town is trying to do, Mr. Galligan concluded, is to provide an “upgrade” in exemptions from what is “on the books” today.  However, he promised a periodic review of the Ordinance; and that the Town would continue to monitor these benefit programs for possible future informed Amendments.

Mr. Galligan requested the requisite “Public Hearing” to amend the Ordinance be scheduled for sometime in September; and, barring any unusual circumstances, he suggested a Resolution be included on the Agenda that same evening for a vote.


ITEM:

6.      A.   (Continued)

According to Mr. Galligan, and again related to the proposed Ordinance Amendment, other Town’s are conducting a “survey of income levels.”  He said that South Windsor would be doing the same so that this Ordinance “could be amended in the future, again.”

Speaking from the audience was Mr. Richard Lacafta, 129 Farnham Road, who said he was a Korean War Veteran.  Mr. Lacafta said he “loved this Town,” and loved his house; but added that “the way the taxes keep going up each year, and his income keeps going down, he was afraid he would be unable to stay here for the rest of his life.  

Stating that Glastonbury and other surrounding Towns have already amended their Ordinances to include this $10,000+ exemption, Mr. Lacafta said this additional in South Windsor would now help him to make his decision with regard to ability to stay in Town.

Mayor Havens offered his assurances to Mr. Lacafta that the Council wanted families such as his to remain in Town; and would do whatever it could to make that possible.

Councillor Aman, referring to text in the material provided, asked the Town Manager if the $30,900 “limit of income” meant that someone earning more than that would (or would not) receive any benefit from this program.  Mr. Galligan responded that it was actually $31,200.  

The Councillor again asked if the Town Manager what the current income guidelines are for the “circuit breaker” and “low income veterans.”  Mr. Galligan said that he did not have this information with him.  Councillor Aman then asked him to please have this information when and if the Town did go to Public Hearing for the change in this Ordinance.

Also for that Public Hearing, Councillor Aman asked that Mr. Galligan have the information regarding whether or not this is a “graduated” schedule—i.e., if you go over a certain dollar amount, you don’t get anything; or is it graduated in benefit from (for instance) $26,000 to $35,000.”

Mr. Galligan said that schedules would be prepared for the Public Hearing showing what current income levels are; and what the next step would be.


ITEM:

6.      A.   (Continued)

Councillor Aman asked that Mr. Galligan also address at the Public Hearing the question--If you are not currently part of the program, what you would have to do to become part of the program; and what benefit would you, or would you not, derive from the program--and at what income guideline.  

Both Mr. Galligan and Councillor Aman made it clear that income levels had no effect on the $1,000 property tax exemption currently provided to all veterans.  

Finally, Councillor Aman requested that the program be set up, if Council approves the amendment, to provide “automatic adjustments for inflation” each year so that this need not return to Council for approval every time the income limits or amount of exemption is revised.  

Councillor Pendleton pointed out that there were four (4) veterans on the Town Council—two men and two women; and she thanked Mr. Lacofta for serving his Country during the Korean Conflict.  Addressing the Town Manager, the Councillor asked if she understood what was being proposed correctly—that the qualifications listed were “not for veterans with disabilities; not for veterans of wartime; but just for veterans that have the “three (3) qualifications” listed.

Mr. Galligan said that she was speaking of a “whole different program.”  He added that this program was for any veteran “that will meet the circuit breaker, low income, honorable discharge” requirements.  

Again, Councillor Pendleton asked if having served in “wartime” or “peacetime” made a difference with one’s participation in the program.  Mr. Galligan admitted that “some programs” are dependent upon whether, or not, your service was overseas; however, he added, he did not know in this case but would have the Town Assessor check into it and have this information available for the Public Hearing.  

Councillor Pendleton then asked the Town Manager to provide clarification as to “who this is going to affect.”  He said he would.

Mayor Havens said that the Town Council would be “moving on this quickly.”



ITEM:

6.      Items for Discussion  (Continued)

B.      Tax Exemption on Farm Buildings

Mr. Galligan reminded the Town Council that this has been on the Council’s “to do” list for some time; and had originally been brought up by Councillor Aman.

Continuing, the Town Manager said that there is a local Ordinance that provides an exemption from real property tax for “any qualified farm building” with an assessed value of up to $100,000.  The current Grant List, he said, indicates approximately $1,141,000 of “assessed” value has been assigned to 252 buildings that may qualify for this proposal.

The associated tax liability, according to Mr. Galligan, is currently approximately $35,644—or, up to $3,100 per qualified applicant; and, he added, if Council decides to do this, the Ordinance (when created) should be administered through the Assessor’s Office, and according to State Statute guidelines.  (See attached information re. Public Act #03-234.)  

One of the requirements in order to qualify for this exemption, according to Mr. Galligan, is that the Assessor must actually go out and “physically look at these buildings” to determine that they are “actively” being used for farm purposes.  He then asked SWALPAC Chairperson, Betty Warren, who was present, if she wished to comment.

Ms. Warren said that the only thing she wished to add to Mr. Galligan’s comments was that this, obviously, would be of great benefit to the farmers in Town without having a major impact on the “tax roles.”  The Chairperson pointed out that a farmer must “apply” for this exemption in order to get it;  and, obviously, any farm buildings being used for “storage,” etc. were not eligible and the farmer would know this.   She felt that this stipulation, alone, would cut back on the number of applications received from ineligible participants—particularly if the Town made this clear through prior publicity..  

Another eligibility requirement Mrs. Warren felt was important to know was that the applicant must have an active farm operation with a minimum annual income of $15,000.  





ITEM:

6.      B.  (Continued)


Mayor Havens asked Mrs. Warren if she had received many requests for this Ordinance.  Mrs. Warren replied that, actually, she had received only two (2).  The Chairman added that it was a farmer who had brought it to the attention of SWALPAC.  However, she added, she was not sure that there is much awareness that this Legislation was passed.

Councillor Delnicki asked Mrs. Warren what type of farmers did she foresee this legislation helping the most.  And, with regard to the $15,000 minimum annual income, the Councillor provided clarification that the stipulation was $15,000 in gross sales, not actual income.  He interpreted this as meaning that the “net” could be substantially less than that.

With regard to the Councillor’s question regarding the type of farmer to be helped by this legislation, Mrs. Warren mentioned the Dzen’s, the Reichle’s; the Kasheta’s; Stanley Waldron; etc.  

Councillor Delnicki then asked the Town Attorney if the Council had any latitude in determining what this minimum annual income could be, or must it follow the amount stipulated in the Public Act, itself.  Atty. Guliano replied that the Town had to follow the State Statute; but that he would have to read this Statute, since on occasion it is written so it is “permissive”—that is, setting a maximum or a minimum” and thus providing discretion.  Other times, he added, it is “mandatory.”  

Councillor Delnicki felt this legislation was “very important for the community;” and there was a need to preserve as much of the farming “heritage” in South Windsor as was possible.

Councillor Fine, referring to the reference in the Public Act to “machinery,” asked if the Town Council was also considering an exemption for “machinery.”  Mrs. Warren said that she believed there was already an exemption for farm machinery that has been in existence for many years.  






ITEM:

6.      B.  (Continued)

Mayor Havens recognized John Dzen, Jr., 215 and 275 Barber Hill Road.  Mr. Dzen pointed out that what Council was considering this evening was “not the end-all, cure-all, program ever.”  To him, it was a sign of good intention and would, definitely, be very helpful.  Saying that, overall, for the local farmer, there have been more “bad” years than “good” years, he felt this “little bid of kicker” could help the farmer.  

Mr. Dzen said he would take a different “spin” than SWALPAC and state that the “loss of farmland has reached an epidemic level.”  Stating that the State of Connecticut loses about 8,000 acres of farmland, per year, to development, he added that the Town of South Windsor has added its fair share to that statistic.  (He gave four examples.)

Continuing, Mr. Dzen said that he felt that the farmlands’ request for Town services is very minimal; its request from the Board of Education is “zero;” and its contributions back to the community are very large.  He concluded by adding that any consideration from the Council on this matter would be greatly appreciated.

7.      Executive Session

A Motion was made by Deputy Mayor Pelkey to go into Executive Session to discuss possible purchase of real estate for the Town; and discussion of possible tax assessment agreement which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to C.G.S. 1-210(b)(1) and 1-210(b)(5)(B).  The Motion was seconded by Councillor Delnicki; and approved, unanimously.

8.      Adjournment

At 8:05 p.m., Councillor Fine moved to adjourn the Work Session; it was seconded by Councillor Delnicki; and approved, unanimously.

Respectfully submitted

                                                
Patricia R. Brown, Clerk of the Council

Attmts.  (2)