1. Call Meeting to Order
Mayor Edward Havens called the meeting to order at 7:00 p.m.
2. Roll Call
Members Present: Mayor Edward Havens
Deputy Mayor John P. Pelkey
Councillor Deborah Fine
Councillor Elizabeth Pendleton
Councillor Judith Paquin
Councillor Cary Prague
Councillor Matthew Streeter
Councillor Roseann Williams
Members Absent: Councillor Thomas Delnicki
Also Present: Town Manager Matthew B. Galligan
Town Attorney Barry D. Guliano
3. Public Participation - None
4. Communications - Deputy Mayor Pelkey welcomed Councillor Fine back.
5. Town Manager's Report - Town Manager Matthew B. Galligan stated that he would save the Report for the Regular Meeting.
6. Items for Discussion
A. Development Rights - Open Space Properties (Requested by Members of Open Space Task Force, and SWALPAC)
Ms. Patricia Botteron, residing at 34 Victor Lane, South Windsor, stated that she was a member of the Open Space Task Force. She informed everyone that the Council will be receiving a new copy of the Open Space Master Plan, that is currently being assembled. The only changes are to an existing Open Space Map. All text remains unchanged. Residential Development does not support itself in taxes, the Open Space Task Force
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did a study of a recently completed parcel of high priced homes in South Windsor, the results will be presented the next time Open Space is discussed. The Open Space Task Force has utilized many outside resources, one of them being Attorney David Platt, representing the law firm of Murtha Cullina, located in Hartford, CT as one of their invaluable resources. He attends their meetings and provides expertise regarding methods of securing land. She shared with the Council and the public, information pertaining to agriculture development rights and other methodologies used in preserving Open Space. In recognition of the importance of land conservation and preservation, the Open Space Task Force, in conjunction with the South Windsor Agricultural Land Preservation Advisory Commission, introduced Atty. Platt.
Atty. Platt shared a few thoughts and a little perspective regarding the land conservation area. He distributed materials to the Council for their information. Atty. Platt explained a few of the projects he has worked on regarding land conservation. He explained that many towns are going the route of appropriating funds to try and acquire Open Space. Generally, the cost of residential development far exceeds the cost of land preservation on a long-term basis in terms of the affect on the tax base. Atty. Platt said that as part of an economic development regime there is increasing the tax base through commercial and industrial development and there is also the cost savings side, which is limiting in strategic ways consistent with the Town Plan on residential development, because it is more of a drain rather than
an add on the tax base.
Atty. Platt explained in brief detail, the information that he distributed. He included an outline on some of the ways that municipalities can access funds for land conservation purposes. The best way to get Open Space is by gift, which seems to be the most common way these days, because of the tax benefit; bargain sales is another way, which is a transaction that involves land or an easement being given to a town for some amount that represents some fraction of that land's value, so that the other portion can qualify for tax benefits for the gift portion; the third way is by outright purchase, which involves more money.
Conservation Easements as compared to strict land deals, allows for funds to be leveraged. By purchasing or being gifted just the development rights, you don't have to pay full fair market value for the entire piece of the property. Development rights can be anywhere from 50 to 80 percent of the value of the property. A conservation easement allows you to remove
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the development potential for property for some fraction of the actual cost and it has the added benefit of allowing you to keep the property in private ownership on the tax rolls at a lower property tax rate. The potential for that property to be subdivided into however many homes, that put a drain on the tax base, has been removed.
Atty. Platt stated that the benefits of easements were also included in the material that was distributed to the Council for them to review.
In terms of funding, Atty. Platt discussed that it can get pretty expensive. There was another outline in the materials that included various funding sources. One category of a funding source is the municipality, and there are a number of different ways for towns to go about appropriating funds for conservation projects on either a project specific basis or in a more general way.
There are five different statutory mechanisms and copies of the various statutory programs that are listed in the outline that was provided. There are a number of different programs that are sources of funds for land conservation projects, either on a fully funded basis or more commonly on a matching basis. He went into further detail explaining four of the different programs.
Atty. Platt also discussed the option of towns doing things on a policy or regulatory level to help foster land conservation programs. There are two main mechanisms for doing that, one is through the Town Plan of Conservation and Development, and the other is zoning regulations.
Atty. Platt asked if there were any questions, Deputy Mayor Pelkey said that he wanted to clarify the point regarding the Town Plan of Conservation and Development, and he was indicating what properties or air marking properties that they have interest in and he just wants to make sure that it is regardless of whether or not the properties are for sale. Deputy Mayor Pelkey wanted to make sure that if they are not identified, that they would not be able to use the Town money or State money.
Atty. Platt explained that there are different ways to set aside municipal funds. For some of those mechanisms, there are statutory limitations on your ability to spend money on particular lands if they are not identified in the Town Plan of Development as potential Conservation or Agricultural
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Lands. He explained that some towns designate their entire town, all of the land within their boundary as being eligible for that. Others will pick and choose, there are a lot of ways to deal with that.
Deputy Mayor Pelkey had one other question about the Town of Preston, regarding the golf course. He asked if there was an update on that. Atty. Platt stated that he knew it was a case that was pending in court, but that he has not seen any of the pleadings or anything. He did say that he would be extremely surprised if they were able to develop a golf course on the property.
Mayor Havens asked what Governor Rell had proposed for development funding this year. Atty. Platt said that he does not know the precise figures for what money she is proposing for the DEP Open Space Matching Grant Program, but he believes that her proposed budget includes $10M over the next two years.
Mayor Havens then asked for Atty. Platt's opinion about what he has seen that evening regarding the proposals that the Town has and how they would fit in line with the requests that the Town might make of that budget. Atty. Platt has not seen any of the proposals, but he did say that there will be a lot of competition for that money, but regardless of how long ago proposals have been submitted, they are prioritized and new proposals may be put at the top.
There was discussion about funding over the past few years.
Ms. Botteron thanked Atty. Platt for his time. She said that over the last few years they have gotten $600,000 in DEP grant moneys.
Councillor Streeter said that this presentation allowed for views on some new avenues.
Mayor Havens informed Ms. Botteron that the Council would get back to her regarding a decision soon. He asked if anyone would like to address the Council.
Mr. Tim Shepard, of 585 Main Street, stated that he thinks the Town has done a great job on acquiring property so far. The part he thinks the Town has been lax on is in the area of the Development Rights Program. The
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perception in the conservation arena in Town is that the Council has not been in favor of the Development Rights Program, which he thinks is one of the tools that the Town should be using. He also emphasized that it is his opinion that probably 98% of the people in a community or in the State don't walk on property. He does not think that the idea of people walking on property while it is in private hands should be an issue. He also said that landowners are making a contribution to society, not getting a deal, they are giving up development rights.
Mayor Havens asked if it would be smart for them to apply for development rights from the State of Connecticut first. Town Manager Galligan stated that the State of Connecticut seems to have different values than the Town's, which he explained in further detail.
Mayor Havens asked Ms. Botteron and Mr. Shepard if they have considered applying for some development rights before the Council participates in the costs. Mr. Shepard answered him from the audience, which is inaudible. Town Manager Galligan explained that it is important for the Council to develop what they are willing to pay and whether or not they see the value in it, which he thought, was the criticism the last time.
7. Public Hearing
At 7:45 p.m., Mayor Havens recessed the Work Session to call the Public Hearing to Order.
Clerk of the Council Patricia Brown read the call of the Public Hearing.
The Work Session was reconvened at 7:55 p.m.
6. Items for Discussion (continued)
B. Final Report and Recommendations on Restoration of Union School (South Windsor Historical Society)
Mr. Michael Gantick gave a brief overview. He gave two main issues for the Council to consider; one being that he does not feel that there is a place for history to be displayed; and the other being that there is a group of people that are energized and committed.
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Mr. Brian Rivard presented their plan, as demonstrated in the attached Exhibit A.
8. Regular Meeting
At 8:00 p.m., Mayor Havens called the Regular Meeting to order and immediately recessed the meeting to reconvene the Work Session.
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Mayor Havens appointed a small subcommittee to consider Mr. Rivard's request, which will then report back to the Council. That subcommittee consists of Deputy Mayor Pelkey, Councillor Pendleton, and Councillor Streeter. Mayor Havens informed Brian Rivard that within 60 to 90 days they would get back to them with an answer.
Councillor Pendleton asked Town Manager Galligan if the property was sold for a $1 if that would include the property and would the field in the back remain the Town's property or would it go with the building. Town Manager Galligan stated that the field would go with the property.
Councillor Paquin asked if the liability goes with the Town if somebody gets hurt, for example if mowing the lawn. Town Manager Galligan said that it is an issue, and it is something that should be considered.
Mr. Sam Brady, of 80 West Road, President of the South Windsor Historical Society, wanted to publicly thank Mr. Rivard and his committee.
Mr. Jim Reardon, of Hillside Drive, stated that he hoped that the Council can find it in their hearts to provide the funds to help the Historical Society reach their goals.
9. Adjournment
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Vanessa Perry
Assistant to the Clerk of the Council
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