TOWN COUNCIL
TOWN OF SOUTH WINDSOR
MINUTES PAGE 1 September 7, 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 Regular Meeting of September 7, 2004 to order at 8:00 p.m.; immediately recessed it in order to continue with the Public Hearings and the Work Session still in progress. Following a 20-minute recess, Mayor Havens reconvened the Regular Meeting at 8:45 p.m.
Before moving on to the first item on the Agenda, Mayor Havens informed the Council and listening public that he would be conducting a “roll call” of those men and women currently serving, or have served, in either “Operation Iraqi Freedom,” or “Operation Nobel Eagle;” and who, in some way, were connected with the Town of South Windsor. He then read the names of 17 service people, and added an 18th during the meeting. The list will be changing as new names are added.
ITEM:
5. Public Input - None
Environmental Health & Safety Message - Deputy Mayor Pelkey reminded those listing that the South Windsor Police Department would be conducting their next PACT class starting September 21, 2004. He explained that this was a class conducted by volunteers from our Police Department that taught South Windsor citizens “all about the Police Department—everything you ever wanted to know.” The Deputy Mayor then proceeded to provide information as to how one went about signing up for this very informative course.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
7. Adoption of Minutes of Previous Meetings
Motion to accept the Minutes of the following Town Council Meetings: Work Session of July 19, 2004; Public Hearing of July 19, 2004 (Expenditure of $45,000 for Additional Architectural Fees for “Elementary Schools Modernization Project); and Regular Meeting of July 19, 2004.
Was made by: Councillor Delnicki
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
8. Public Petitions - None
9. Communications from Officers and Boards Directly Responsible to Council
Marjorie Anthony, Chairperson, Economic Development Commission briefly explained to the Town Council a request received from Daniels Electric, Inc. for a tax assessment abatement on the construction of a 9,160 sq ft. Office, Service Center, and Warehouse facility on Lot #13 Sandra Drive, South Windsor.
Mrs. Anthony explained that this was a Discussion Item this evening, and referred to Agenda Item 17. H. Mrs. Anthony reminded Council that she had discussed this company’s plans with them several months ago; and, currently, the Owner was “going through the permit process at this time.” She also told the Councillors that the Economic Development Commission had already acted upon this request by approving a Resolution to that effect on July 29, 2004.
10. Communications and Reports from Town Manager
Mr. Galligan first referred to Agenda Item 17. I. regarding “Oak Street Park.” He explained that neighbors have been complaining about the condition of this Park “for a couple of years,” Explaining that Town forces have not been maintaining this Park on a regular basis due to the lack of equipment required to bring back the original park; however, he added that this Park was in the 10-Year Master Plan.
After speaking with some residents in the area, according to the Town Manager, it was learned that they would like to see the Park “put back to its original use; get back some of the land area; upgrade the basketball courts; and do something with the court, itself, with regard to ice-skating.”
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
10. Communications and Reports from Town Manager (Continued)
Going on to explain the request for waiver of competitive bidding were this project to be approved, Mr. Galligan said that considering the fact that “this project is not very technical—it’s a landscaping project—a paving project, etc.” to put it out to bid would probably cost the Town another $4,000 in Surety Bonds, Bid Bonds, Performance Bonds, and some of the other things required with public bidding. This, he felt was a waste of money when considering the number of contractors in Town that the Town works with on a regular basis.
Mr. Galligan said that, even without competitive bidding requirements, the Town still seeks three (3) quotes, and still conducts a “mini-bid-type thing.” He used the Town’s Rye Street Park as an example of what the results can be using reputable local contractors and without experiencing exorbitant costs.
Next, the Town Manager informed Council that the South Windsor Redevelopment Agency had sold its first acre to RFS—a company already in business in South Windsor since 1996—a copy wishing to expand. With this acre, he continued, the company will be able to expand their first 10,000.sq. ft.—and the ability to do another 10,000 sq. ft. in the future.
Mr. Galligan informed Council that a replacement for Bruce McDonald is needed on the Redevelopment Agency. He added that he has asked Scott Andrusis to take Mr. McDonald’s place on this agency.
The Town Manager informed Council that he has been “making the rounds of PTO’s” explaining the Town’s Strategic Plan. He also stated that from October 16 through October 23 this year he will be at the ICMA Conference in San Diego.
Mr. Galligan then referred to the building at 300 Rye Street, which is a “brownsfield” project. The Town, working through the Connecticut Development Agency, sought and received approximately $500,000 for the “clean-up” of that building. The funds are now intact, according to the Town Manager, and the clean-up would be beginning immediately. After the clean-up is completed, he added, the South Windsor Town Council and the Connecticut Development Agency would be invited to take a look at the “new building”—which by that time should be “up and running.”
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
10. Communications and Reports from Town Manager (Continued)
The Town Manager reminded the Town Council that these funds ($500,000 +/-) would have to be paid back to the CDA by the Town—acquisition of these funds would be accomplished via the increased amount of taxes derived from the increased value of the building; and, additionally, from new personal taxes realized from business equipment, etc. brought in by a new tenant.
Mr. Galligan informed Council that he and Dr. Wood, Superintendent of the Board of Education, had given their “charge” to the committee for “shared services. They are meeting currently; and a report is due back to Council from that Committee, he estimated, by the second week in October. He said that he and the Superintendent are monitoring that situation.
The Town Manager listed those serving on the Committee from the General Governmen side as being: Michael Gantick, Michele Lipe, and Melanie Crucitti; and from the Board of Education’s side are Al Motherslee, Judy Nevins, and Patrick Hankard. This group, he continued, would create a report that will then come to the Superintendent and the Town Manager. Following receipt of this report, he added, he and the Superintendent would make any decisions that had to be made and would then be presented to the Town Council.
Mr. Galligan then went on to report on the “windfall” that had recently occurred with regard to CRRA (Connecticut Resource Recovery Authority). He reported that instead of losing $250 million, the Authority would be collecting $121 million of that amount. He reminded the Town Councillors that the Town’s rates have been going up steadily because of “that ENRON debacle;” and, hopefully, this acquisition of the $121 million will stave off some of the future anticipated increases.
The Town Manager then went on to report on the playing fields at Rye Street Park. He informed Council that the “football field” will not be ready until next year; and the Tri-Town Panthers are no longer that group—they have split; and, unfortunately, South Windsor’s group did not have a place to practice at night. However, they will be allowed to practice at Rye Street, he said; and “temporary” lights will be allowed (3 nights a week for a total of 6 or 7 nights). They, he added, are paying for the lights; and the Town will help with the “lining” so that they can continue to practice football.
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Regular Meeting – Town Council
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Date: September 7, 2004
In conclusion, Mr. Galligan said that at the Work Session of September 20th, a representative from the South Windsor Ambulance Corps would be in attendance to present the Corps’ future plans.
Councillor Aman, directing his question to the Town Attorney, asked Atty. Guliano if he recalled a long discussion pertaining to “development rights” where the question of when the “sale of land had to come back to the Council.” He asked the attorney if he remembered the “legislative intent” and how the Resolution was written. The Councillor added that, normally, the Redevelopment Agency did not have to come back to Council; however, particular restrictions were placed upon them at the time of the Resolution.
Atty. Guliano said he anticipated the request from Council; and would check that there was “complete compliance” with whatever was required by the State and the Town.
Councillor Streeter asked the Town Manager to get back to the Council “after” the Wapping Fair this year with what services were being provided by the Town to the Fair people, together with any associated cost to the Town.
Mr. Galligan said he had gotten some figures—two “off duty” Police Officers (which the Fair pays for) which usually comes to about $1,500 to $2,000. However, he added, the Town did pay out $6,500 in overtime to put additional Officers on duty because of the Fair. The Town Manager added that, last year, the Town paid about $500 for electrical charge; and about $4,000 to $6,000 in Public Works time in preparing for the Fair.
Mayor Havens felt it was a “good thing” that the Town was able to help the Wapping Fair people. He pointed out that this was an old organization that is “falling on some tough times.” He felt it is a big project for a small group; and thanked the Town for helping out.
At this time, Deputy Mayor Pelkey moved to address Agenda Item 17. I. at this time because of the number of residents present who were interested in the topic. The Motion was duly seconded; and approved, unanimously.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. New Business
I. Resolution Authorizing the Town Manager to Enter Into Contracts for Refurbishment of Oak Street Park and Waiving of Competitive Bidding for Same
WHEREAS, the 2004-2005 Town Budget has appropriated $100,000 in a new Capital Program for recreation; and
WHEREAS, the Town of South Windsor wishes to refurbish the Oak Street Park as outlined in the “Park and Recreation Commission Master Plan;” and
WHEREAS, quotes received by the Town for the rehabilitation of this Park were reviewed by Town staff and area residents, and
WHEREAS, it has been determined that waiving competitive bidding would be in the Town’s best interest based upon (1) the simplicity of the project and (2) cost savings realized because of proposals received, the ability to use Town staff where possible and the offers of area volunteers to help in this endeavor, and the freedom of the Town to establish a Fall/Winter work schedule in order to expedite the project and avail itself of the most opportune and efficient time of year for this type of work
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes the Town Manager to enter into contracts for refurbishment of Oak Street Park in line with the quotes received by the Town; and
BE IT FURTHER RESOLVED that the requirement for obtaining sealed bids and accepting the lowest responsible bid for said contracts be waived pursuant to Section 715 of the Town Charter because it might be against the best interests of the Town in that the Town is likely to obtain cost savings by using the procedure outlined above.
Was made by: Deputy Mayor Pelkey
Seconded by: Councillor Fine
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. I.
Saying that he thought this Resolution may have “caught some of the Councillors a little off guard,” the Deputy Mayor apologized and said he did not mean to do that. However, he reminded everyone that the Town’s “Master Plan,” adopted by Council in March of 2001 had the refurbishment of the Oak Street Park as one of its proposals.
The Deputy Mayor explained that the rejection, by surrounding residents, of the Town’s proposal to thin out some of the brush in Lawrence Road Park sparked the interest of the residents in the Oak Street/Dogwood Lane area who reacted quite differently with regard to the open space park in their area.
According to the Deputy Mayor, these Oak Street/Dogwood Lane neighbors said they would “love” to have their park refurbished—and had been “trying for years to get the Town to move on it.” The Park, he added, has not been maintained for years; and now suffers from disrepair and overgrowth. At the time of the area residents’ requests to him, the Deputy Mayor said that the Capital Projects Plan had been developed, in which $100,000 had been earmarked to help with the maintenance of these parks and grounds, and to put money aside for future projects.
It’s a neighborhood park, the Deputy Mayor pointed out, and one that is enjoying neighborhood support for its refurbishment. He noted that there were several residents from that area present at this evening’s meeting; some of whom wished to speak.
Those speaking from the audience were:
John Bassilakis, 220 Laurel Street
Alan Witkin, 64 Lawrence Road
Anthony Fornuto, 17 Gulley Drive
Ellen Moran, 195 Dogwood Lane – (Presented Council with signed
Petition from neighborhood residents supporting refurbishment
Of the Oak Street Park.)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. I.
Deputy Mayor Pelkey concluded the discussion by pointed out that there was a “fair amount of support” present in the audience this evening for this Resolution. However, he felt the opposition expressed by one of the speakers was well taken—particularly the concern with the fact that the Park and Recreation Commission was not aware of this proposal and should have been asked for their input. He said that, until this past week-end, he did not know the Commission had not been informed.
In light of this, Deputy Mayor Pelkey felt that it would be in the best of interest of everyone concerned were a Public Hearing held on this proposal prior to a vote on the Resolution. Deputy Mayor Pelkey then proposed a Public Hearing be held on September 20, 2004 to address the proposed “Refurbishment of the Oak Street/Dogwood Lane Park;” and then “Moved to Table” the Resolution until after that Public Hearing. The Motion to Table was seconded by Councillor Fine; and was approved, unanimously.
Atty. Guliano then reminded Council that there was no Resolution on this evening’s Agenda setting a Public Hearing for the 20th for the item just discussed. He wanted Council to be aware of that; and the fact that a Resolution setting the Public Hearing on the Oak Street Park would be needed. Councillor Aman suggested that it be ‘tacked onto” the end of Agenda Item 17. L. which was on the Agenda to set another Public Hearing for that same evening. Atty. Guliano agreed to that remedy.
11. Reports from Standing Committees - None
12. Reports of Temporary Committees - None
Councillor Fine informed the Council that the Council’s “Personnel Committee” was undergoing a “slight amount of reorganization.”
13. Communications and Petitions from Council
Councillor Pendleton took time to compliment the Senior Center for all the programs, trips, etc. they offered to our senior population. She said she called Dennis Sheridan to thank him and his staff for all their efforts. The Councillor also made special note of the SWAN Program and the “resource room” it maintained within the Community Center.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
13. (Continued)
Councillor Delnicki, referring back to the issue of the refurbishment of the Oak Street Park, said that he, too, felt that the Park and Recreation Commission should have input into the discussions and decisions with regard to this project.
Mayor Havens asked the Town Manager to inform the Commission of the Public Hearing and Resolution scheduled for Council’s 9/20/04 Regular Meeting.
14. Public Participation - None
15. Consent Agenda
Motion to approve Agenda Items 17. C through 17. G. as the Consent Agenda.
Was made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
16. Unfinished Business
A. Appointment of James Katz (D) to the South Windsor Board of Education
BE IT RESOLVED that the South Windsor Town Council appoints James Katz (D) to the South Windsor Board of Education for a term ending November 14, 2005 to fill the unexpired term of Donna L. McDonald.
Was made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
The Motion was: Approved, unanimously
17. New Business
A. Acknowledgement of the Resignation of Sheila P. Strong (R) from the Human Relations Commission
BE IT RESOLVED that the South Windsor Town Council acknowledges the resignation of Sheila P. Strong from the Human Relations Commission, said resignation to become effective immediately; and
(Resolution Continued on Next Page)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. A. (Continued)
BE IT FURTHER RESOLVED that the Town Council thanks Ms. Strong for the time and effort she has devoted to her community by her service on this most worthwhile Commission.
Was made by: Councillor Streeter
Seconded by: Councillor Aman
The Motion was: Approved, unanimously
B. Appointment of Roseann Williams (D) to the Town Council, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Roseann Williams to the Town Council for a term ending November 14, 2005 to fill the unexpired term of Muriel Yacavone, and hereby tables the same.
Was made by: Councillor Fine
Seconded by: Councillor Delnicki
The Motion was: Approved, unanimously
*C. Appointment of Carolyn Egan (D) to the Human Relations Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Carolyn Egan to the Human Relations Commission for a term ending November 30, 2005, and hereby tables the same
(APPROVED BY CONSENT AGENDA)
*D. Appointment of James Kupchunos (D) as an Alternate to the Zoning Board of Appeals, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints James Kupchunos (D) as an Alternate to the Zoning Board of Appeals for a term ending November 30, 2007, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. New Business (Continued)
*E. Appointment of Suzanne Rose (R) as an Alternate to the Water Pollution Control Authority, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Suzanne Rose an Alternate to the Water Pollution Control Authority for a term ending November 30, 2005, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*F. Reappointment of Teri Dickey-Gaignet (R) to the Patriotic Commission, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council reappoints Teri Dickey-Gaignet to the Patriotic Commission for a term ending August 31, 2007, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
*G. Appointment of Scott Andrusis to the Redevelopment Agency, and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council appoints Scott Andrusis to the Redevelopment Agency to fill the unexpired term of D. Bruce McDonald, said term ending December 31, 2009, and hereby tables the same.
(APPROVED BY CONSENT AGENDA)
H. Discussion Item - Tax Assessment Proposal – Daniels Electric, Inc.
Town Manager Matthew Galligan explained that he had met the owner of this business at a Chamber of Commerce function in South Windsor—at which time the gentleman mentioned that he was looking for a spot to locate his business in Glastonbury because he had not found a suitable location in South Windsor.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. H. (Continued)
The Town Manager asked the Owner to accompany him a few days later into looking at other locations in Town. A spot was found on Sea Pave Road, a street running off of the South Windsor side of Burnham Street, and Mr. Galligan said he did entice the gentleman with the proposal of a tax partnership.
Mr. Galligan then provided some of the particulars with regard to the business—namely, it had an employee base of 18 which would increase to 25 after the second year; the value would be about $424, 550, with an estimated assessment of $297,190. The taxes, he added, with the building and improvements, at the current mill rate, would equal $9,281—with a total abatement of $4,600 for three years, and $4,600 coming to the Town. Mr. Galligan added that there will be additional taxes derived from motor vehicles, etc.
This proposal has been recommended by staff, by the Economic Development Coordinator and the Economic Development Commission, and by himself, according to the Town Manager. And, according to the Town Manager, a prudent process to follow in order to keep an existing business in Town. Mr. Galligan suggested that the Agenda for the next Regular Town Council Meeting on September 20 contain a Resolution for Council’s vote on this Tax Assessment Agreement Proposal.
I. Resolution Authorizing the Town Manager to Enter Into Contracts for Refurbishment of Oak Street Park and Waiving of Competitive Bidding for Same
(This Item was moved up and addressed
earlier in the evening)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. H. (Continued)
The Town Manager asked the Owner to accompany him a few days later into looking at other locations in Town. A spot was found on Sea Pave Road, a street running off of the South Windsor side of Burnham Street, and Mr. Galligan said he did entice the gentleman with the proposal of a tax partnership.
Mr. Galligan then provided some of the particulars with regard to the business—namely, it had an employee base of 18 which would increase to 25 after the second year; the value would be about $424, 550, with an estimated assessment of $297,190. The taxes, he added, with the building and improvements, at the current mill rate, would equal $9,281—with a total abatement of $4,600 for three years, and $4,600 coming to the Town. Mr. Galligan added that there will be additional taxes derived from motor vehicles, etc.
This proposal has been recommended by staff, by the Economic Development Coordinator and the Economic Development Commission, and by himself, according to the Town Manager. And, according to the Town Manager, a prudent process to follow in order to keep an existing business in Town. Mr. Galligan suggested that the Agenda for the next Regular Town Council Meeting on September 20 contain a Resolution for Council’s vote on this Tax Assessment Agreement Proposal.
I. Resolution Authorizing the Town Manager to Enter Into Contracts for Refurbishment of Oak Street Park and Waiving of Competitive Bidding for Same
(This Item was moved up and addressed
earlier in the evening)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. H. (Continued)
The Town Manager asked the Owner to accompany him a few days later into looking at other locations in Town. A spot was found on Sea Pave Road, a street running off of the South Windsor side of Burnham Street, and Mr. Galligan said he did entice the gentleman with the proposal of a tax partnership.
Mr. Galligan then provided some of the particulars with regard to the business—namely, it had an employee base of 18 which would increase to 25 after the second year; the value would be about $424, 550, with an estimated assessment of $297,190. The taxes, he added, with the building and improvements, at the current mill rate, would equal $9,281—with a total abatement of $4,600 for three years, and $4,600 coming to the Town. Mr. Galligan added that there will be additional taxes derived from motor vehicles, etc.
This proposal has been recommended by staff, by the Economic Development Coordinator and the Economic Development Commission, and by himself, according to the Town Manager. And, according to the Town Manager, a prudent process to follow in order to keep an existing business in Town. Mr. Galligan suggested that the Agenda for the next Regular Town Council Meeting on September 20 contain a Resolution for Council’s vote on this Tax Assessment Agreement Proposal.
I. Resolution Authorizing the Town Manager to Enter Into Contracts for Refurbishment of Oak Street Park and Waiving of Competitive Bidding for Same
(This Item was moved up and addressed
earlier in the evening)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. New Business (Continued)
J. Resolution Submitting Evergreen Walk Roadway Project to Planning and Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes
WHEREAS, Evergreen Walk Lifestyle Center, LLC, the developers of the shopping center and life style center known as “Evergreen Walk” on Buckland Road, and Evergreen Walk Master Association, Inc., the common interest community association for Evergreen Walk, and the owner of the fee title to the underlying land of Evergreen Walk, (“Grantors”) have offered to dedicate two parcels of land, approximately fifty feet in width running from entrance to entrance of Evergreen Walk from Tamarack Road Entrance on the South to the Evergreen Walk Road Entrance on the North, along and parallel to Buckland Road (excepting and being split by, certain portions over land of the Town of South Windsor). The Grantors have offered to deed to the Town a limited right-of-way along and through these parcels of land, for
the limited purpose of assuring that it remain an open, unobstructed and safe way for the passage of emergency and town vehicles, and for use as a detour in the event that Buckland Road becomes obstructed by accident, construction or emergency conditions. The developers have agreed to continue to construct, maintain and repair a 48-foot wide paved roadway in this easement area, and assume all obligations for the costs of its liability, maintenance and upkeep. In addition, the developers have offered to maintain an open and unobstructed road and access way across certain parcels land of the Town of South Windsor consisting of the excepted parcel of South Windsor land dividing the two parcels dedicated by the Grantors and a parcel of land at the entrance to “Tamarack Road” the southerly private road of the development, and Buckland Road; and
WHEREAS, a limited easement of this nature across the property to be deeded is of particular importance to the Town because it provides alternative access for emergency vehicles and accommodates detours by the public in the event of emergencies, blockage, construction, or other reasons restricting travel on Buckland Road or at the entrances to this shopping center. The properties also provide for alternative travel by emergency vehicles from entrance to entrance of the shopping center, in the event that there is an emergency or police requirement on the property of the shopping center, when one or more of the entrances or other internal private roadways may be blocked; and
(Resolution Continued on Next Page)
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. J. (Continued)
WHEREAS, the Town intends to dedicate as a limited public way, the extension of the above property, across the property of the Town to Buckland Road from Tamarack Road, so-called and the southerly end of the property over which the above easement is to be received and dedicated. This limited public way will permit the public to cross and recross the paved portions of the roadway within the Town land, and use the parcel for all purposes for which a public highway may be used. In addition, the Town intends to dedicate a strip of land across the northerly parcels of Town land fronting on Buckland Road for the same limited public way purposes as the Grantors have offered to dedicate the two parcels described above. The Grantors have agreed to construct, maintain and repair all roadway improvements and
structures within these parcels, to the same extent that it has covenanted to construct, maintain and repair the road improvements in the easement granted and offered to be dedicated above, at its sole cost and expense and to assume all liability and responsibility for this maintenance as if it were the property of the developers
NOW, THEREFORE, BE IT RESOLVED that the above project is submitted to the Planning and Zoning Commission pursuant to Connecticut General Statutes, Section 8-24 for its report within 35 days as provided by Statute.
Was made by: Councillor Paquin
Seconded by: Councillor Delnicki
The Town Attorney reminded Council that all they would be voting for this evening is moving this Resolution along to Planning and Zoning Commission for its input as to whether or not this project should proceed. He then went on to explain, in layman’s terms and using the map of the area provided by the Town’s Engineering Department the proposal described in the Resolution—and particularly delineated for those listening, what parcels belonged to the Town, and which belong to the developer. He added that there would be “no easement” from the Town to the developer
Atty Guliano also stated that the town did not have to go to a Public Hearing to accept an Easement; only to grant an Easement.
A general discussion of the project ensued; at the conclusion of which Mayor Havens called for a vote on the Resolution. The Motion was approved, unanimously.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. New Business (Continued)
K. Resolution Approving a Refund of Property Taxes to Sixty (60) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to sixty (60) South Windsor taxpayers, the total of said refunds being $5,657.71 and as shown on attached Exhibit A.
Was made by: Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
L. Resolution Setting a Time and Place for a Public Hearing on the Conveyance of a Utility Easement for Summerwood
BE IT RESOLVED that the South Windsor Town Council sets Monday, September 20, 2004, at 7:45 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the conveyance of a utility easement for Summerwood (a Senior Residence Development), as more fully set forth in the Agreement attached hereto as Exhibit B.
Was made by: Councillor Aman
Seconded by: Deputy Mayor Pelkey
Following this, Councillor Aman Moved to Amend the Resolution by adding the following:
and
BE IT FURTHER RESOLVED that the South Windsor Town Council sets Monday, September 20, 2004 at 7:55 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Refurbishment of Oak Street Park as outlined in Item 17. I. of this Agenda.
Motion to Amend by Councillor Aman
Seconded by: Councillor Streeter
The Motion was: Approved, unanimously
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
17. New Business (Continued)
M. Resolution Approving Partial Refund of Property Taxes for 30 South Satellite Road, South Windsor, Connecticut, Due to Overpayment
WHEREAS, a tax appeal filed by AHS Realty I, L.L.C. (hereinafter “AHS”) relating to property owned at 30 South Satellite Road, South Windsor, Connecticut, was recently settled between the Town Assessor and AHS as a result of a pretrial settlement conference before Judge George Levine, New Britain Superior Court; and
WHEREAS, as a result of said settlement, the fair market value of the property at 30 South Satellite Road, South Windsor, Connecticut, was reduced to $2,750,000 and the valuation of said property for purposes of assessment at 70% of fair market value was reduced to $1,925,000; and
WHEREAS, said judgment was entered by the Court in accordance with the stipulation of the parties; and
WHEREAS, as a result of the reduced fair market value and assessment of the property, AHS overpaid its taxes for the Grand List of 2002 in the amount of $22,437.53 and for the first payment for the Grand List of 2003 in the amount of $1,761.07; and
WHEREAS, it was agreed among the parties that said overpayment would be reimbursed as follows: The sum of $24,198.60 would be refunded to AHS immediately and the tax payment due on January 1, 2005 would be $30,058.88.
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the refund in the amount of $24,198.60 to AHS Realty I, L.L.C. or its representatives immediately, and the tax payment due on January 1, 2005 will be $30,058.88.
Was made by: Councillor Pendleton
Seconded by: Deputy Mayor Pelkey
Atty. Guliano explained in more detail; following, which, the Mayor called for a vote on the Motion. The Motion was unanimously approved.
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Regular Meeting – Town Council
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Date: September 7, 2004
ITEM:
18. Passage of Ordinance - None
19. Communications and Petitions from Council (Continued) - None
20. Executive Session - None
21. Motion to Adjourn
A motion to adjourn was made at 10:00 p.m.; was duly seconded; and approved, unanimously
Respectfully submitted,
Patricia R. Brown
Clerk of the Council
Attmts. (Exhibits A. and B.)
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