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Town Council - Regular Meeting - 3-21-05
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES
Page 1
March 21, 2005


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



Members Present:
Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Cary Prague
Councillor Matthew Streeter
Councillor Roseann Williams

Also Present:
Town Manager Matthew B. Galligan
Town Attorney Barry Guliano
Mayor Havens called the Regular Meeting to order at 8:00 p.m.; immediately recessed it in order to continue the Work Session; and reconvened the Regular Meeting at 8:10 p.m.

Prior to commencing the actual work of the Meeting, Mayor Havens presented two (2) Proclamations.  The first Proclamation recognized High School Junior Gregory Fisher, 16, for being one of two Connecticut youth’s to be chosen a “Distinguished Finalist” in this year’s Prudential Spirit of Community Awards, the largest youth recognition program based exclusively on volunteerism.  

The second recipient of a Proclamation was violin virtuoso Sirena Huang, a 10-year old student at Wapping Elementary School.  Ms. Huang was recognized for performing her first solo recital (held at Bushnell’s Belding Theatre to an audience of 900)—the proceeds of which went entirely to the Hartt School’s Fund for Access, a scholarship program aimed at providing financial assistance to her fellow young artists in the Greater Hartford area.

ITEM:

5.     Public Input

Dr. Joseph Wood, 70 Ash Road (speaking as a “citizen,” he stated, not at the Town’s Superintendent of Schools.

Keith Yagaloff, 65 Pheasant Way, and Vice Chair of the Board of Education.

Anthony Fornuto, 17 Gulley Drive, a Member of the Board of Education.
ITEM:


6.     Environmental Health & Safety Message  -  None

7.     Adoption of Minutes of Previous Meetings

Motion to accept the Minutes of the following Town Council meetings: Regular Meeting of February 7, 2005; Work Session of February 22, 2005; Public Hearing of February 22, 2005 (re. Proposed Closing of a Portion of Bidwell Road); Regular Meeting of February 22, 2005; and Work Session of March 7, 2005.

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

8.     Public Petitions  -  None

9.     Communications from Officers and Boards Directly Responsible to Council  -  None

10.     Communications and Reports from the Town Manager

The Town Manager reported on the following items:  

Northeast Utilities, and their upgrading of power lines;

Letter from DOT, also received by Mayor Stephen Cassano of Manchester, regarding the “Buckland Area Transportation Study Interchange,” an when the Department planned to commence certain phases of this Study;

Notifying the Town Council of a 1-day closure of Pleasant Valley Road; and how that closure would be regulated by South Windsor’s traffic authorities;

Addressing the “traffic light” problem on Buckland Road, near Lowes/Target.

State Bonding Commission’s agenda to address South Windsor’s $1.5 million funds needed for sewer work.

Availability of our money from “Homeland Security;” and a recently received letter from CRCOG addressing that query.

ITEM:

10.     Communications and Reports from the Town Manager  (Continued)


Under this item, Councillor Pendleton addressed her questions to Dr. Joseph Wood, Superintendent of Schools.  She asked Dr. Wood If he could provide a listing, as Mr. Galligan had with the General Government Budget, of where the “increases” in the Board’s budget would be occurring.

Councillor Streeter asked the Town Manager to explain to Council where “discrepancies” the Councillor had noted occurred within the “draft” General Government Budget.

11.     Reports from Standing Committees

Deputy Mayor Pelkey reported on the “Space Needs Committee” meeting last week; and the fact that it had decided—(1) It would be prudent to hire a architect, or “specialist,” to provide ideas for action that might be taken to increase space in the Town Hall; (2) to get the Town’s Fire Department and Public Building Commission together to go over the plans South Windsor’s Fire Department has for a proposed new Firehouse; and (3) formulate plans to take a tour of the old Post Office Building on Sullivan Avenue.

12.     Reports of Temporary Committees  -  None

13.     Communications and Petitions from Council

Speaking once again to the subject of the Proposed 2005/2006 Town Budgets—both the General Government’s and the Board of Education’s--were:

Councillor Streeter
Deputy Mayor Pelkey
Councillor Delnicki
Councillor Fine

14.     Public Participation

        Addressing the Council from the audience was:

                Kevin McCann, 170 Lisa Drive, who spoke on the Proposed 2005/2006
Budget.


ITEM:

17.     New Business

A.      Resolution Accepting the Resignation of Joel Nadel (D) from the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council accepts, with regret, the resignation of Joel Nadel from the Zoning Board of Appeals, said resignation to be effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council wishes to take this opportunity to thank to Mr. Nadel for the many year of volunteer time and effort he has given to our various Boards and Commissions; and sincerely hopes that, sometime in the future, time will allow him to lend his talents to serving his community once again.

Was made by:    Councillor Fine
Seconded by:    Councillor Delnicki

Deputy Mayor Pelkey said he was compelled to thank Mr. Nadel for his years of service to the Town—particularly his service on the Zoning Board of Appeals.

B.      Resolution Setting Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2005/2006

BE IT RESOLVED that the South Windsor Town Council sets Monday, April 4, 2005, at 7:15 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 Proposed General Government Budget for Fiscal Year 2005/2006.

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






ITEM:

17.     New Business


C.      Resolution Setting Time and Place for a Public Hearing on the Board of Education Proposed Budget for Fiscal Year 2005/2006

BE IT RESOLVED that the South Windsor Town Council sets Monday, April 11, 2005, at 7:00 p.m., in Room Alt. 6 of the Timothy Edwards Middle School, 100 Arnold Way, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the Proposed Board of Education Budget for Fiscal Year 2005/2006.

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

D.      Resolution Approving a Tax Agreement Between the Town of South Windsor and Generation 2 – Wentworth Estates

WHEREAS, the Town of South Windsor’s Economic Development Incentive Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to Generation2, Inc. dba Wentworth Park. to construct 36,000 square feet of Commercial Office Condominiums, on 3.29 acres of land at 225 Oakland Road, in South Windsor, Connecticut, at an estimated cost of $3.3 Million for the project.

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and Generation2 dba Wentworth Park reducing the amount of the assessment of the commercial office condominiums which is estimated at


(Resolution Continued on Next Page)

ITEM:

17.     D.  (Continued)

$2,640,000 ($220,000 per 2,700 square foot unit, or pro-rata portion thereof) by 50% for a period of three (3) years; therefore the estimated assessed value of the new construction would be $1,320,000 ($110,000 per 2,700 square foot unit, or pro-rata portion thereof) for a period of three (3) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new buildings, unless said assessment is changed by the Town in its upcoming revaluation, in which case, the assessed value of said improvements to the real property shall be reduced by 50% of said assessed value after revaluation; and

BE IT FURTHER RESOLVED that the South Windsor Town Council offers Generation2 dba Wentworth Estates and, for the three-year term of the Agreement, any subsequent owners of the Commercial Office Condominium Units on a pro-rata basis, this Tax Assessment Agreement upon the condition that the respective businesses shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain their local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if they fail to meet these conditions, Generation2 dba Wentworth Estates and any subsequent owners agree to refund to the Town of South Windsor all of the tax savings described herein which they or the Company has received on a pro-rata basis.

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

E.      Resolution Approving a Refund of Property Taxes to Sixteen (16) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to sixteen (16) South Windsor taxpayers, the total of said refunds being $11,625.76 and as shown on attached Exhibit A.

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


ITEM:

17.     New Business  (Continued)

F.      Resolution Authorizing Refund of Property Taxes Paid by Saint Francis of Assisi Church Corporation of South Windsor on Tax Exempt Property

WHEREAS, Saint Francis of Assisi Church Corporation of South Windsor purchased real estate on October 13, 2004, which property is located at 600 Ellington Road, in South Windsor, Connecticut; and

WHEREAS, it has been determined by the South Windsor Tax Assessor, pursuant to Connecticut General Statutes §12-89 and South Windsor Municipal Code Section 90-5, that the property is exempt from taxation because it constitutes property of a religious organization which is used exclusively as a rectory or other facility for religious and/or charitable purposes as provided in Subsection (14) of Connecticut General Statutes Section 12-81; and

WHEREAS, Section 90-5 of the South Windsor Municipal Code provides that such exemption “shall be effective as of the date of acquisition of property on the grand list of the Town to which the exemption applies”; and

WHEREAS, Saint Francis of Assisi Church Corporation of South Windsor, has paid some of the real estate taxes relating to said property from the date of acquisition until the Tax Assessor ruled that the property was exempt from taxation.

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes a refund of property taxes paid by Saint Francis of Assisi Church Corporation of South Windsor on property located at 600 Ellington Road in South Windsor, Connecticut, prorated beginning with the date of acquisition on October 13, 2004 and continuing for all taxes paid to the present date on said property in accordance with Section 90-5 of the South Windsor Municipal Code.

Was made by:    Councillor Prague
Seconded by:    Councillor Delnicki

Councillor Judith Pacquin recused herself from any discussion or vote on this Resolution because of a conflict of interest.  The Motion was approved 8 Ayes to 9 Nays.

ITEM:

17.     New Business  (Continued)

At this time, Councillor Streeter moved to address Agenda Items 18. A., and Items 19. and 20. before acting upon Agenda Item 17. G. with any action on Agenda Item 17. G. to be taken “after” the scheduled Executive Session.  The Motion was seconded by Councillor Delnicki; and was approved, unanimously.

A.      Resolution Adopting Ordinance Creating a “Town of South Windsor and South Windsor Board of Education Medical Insurance Program”

BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance Creating a Town of South Windsor and South Windsor Board of Education Medical Insurance Program,” as shown on attached Exhibit B, a copy of which Ordinance is on file in the Office of the Town Clerk; and

BE IT FURTHER RESOLVED that Town Manager Matthew B. Galligan is hereby authorized to enter into, and execute on behalf of the Town, the related Memorandum of Understanding between the Town and the South Windsor Board of Education attached hereto as Exhibit C.

Was made by:    Councillor Paquin
Seconded by:    Councillor Delnicki

Deputy Mayor Pelkey moved to amend the Resolution by eliminating the last paragraph in the Resolution.  His Motion was seconded by Councillor Fine.  Town Attorney Barry Guliano then explained that “minor changes” had been made to the Ordinance since the last time Council had seen it.  He then enumerated and explained the changes.  The Motion to amend was approved, unanimously.

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

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

20.     Executive Session

At 9:30 p.m. a Motion was made by Deputy Mayor Pelkey to go into Executive Session to discuss pending claims and litigation and possible purchase of real estate for the Town 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. Section 1-210(b)(1) and Section 1-210(b)(5)(B).  The Motion was seconded by Councillor Streeter; and was approved, unanimously
ITEM:


20.     Executive Session  (Continued)

The Executive Session was adjourned at 9:40 p.m., and the Regular Meeting resumed by returning to Agenda Item 17. G.

17.     New Business  (Continued)


G.      Resolution Authorizing Purchase of Property Located on Clark Street, South Windsor, Connecticut by the Town of South Windsor
        (Deputy Mayor Pelkey)

WHEREAS, the Town of South Windsor is interested in the purchase of a piece of property in South Windsor on Clark Street known as L014 Clark Street, which is approximately one (1) acre in size; and

WHEREAS, the Town wishes to purchase this property at a purchase price of $8,900.00; and

WHEREAS, the purchase of this property will help to link other land in the area owned by the Town; and

WHEREAS, it is understood that the parcel is not a buildable lot due to wetlands and sloping conditions

NOW, THEREFORE, BE IT RESOLVED that Town Manager Matthew B. Galligan is hereby authorized to purchase, on behalf of the Town of South Windsor, the piece of property known as L014 Clark Street, South Windsor, Connecticut, which is approximately one (1) acre in size for the purchase price of $8,900.00; and he is further authorized to enter into and execute, on behalf of the Town, any and all documentation necessary for the purchase of said property, including a Real Estate Purchase Contract.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councilor Delnicki

Councillor Streeter asked if Open Space funds would be used to purchase this land; Mr. Galligan replied that they would.  Councillor Streeter also asked if the Open Space Task Force was in agreement with this purchase.  Again, the Town Manager said “Yes.”
ITEM:

17.     G.  (Continued)


Councillor Streeter then moved to amend the Resolution by adding a final paragraph stating:

; and

“BE IT FURTHER RESOLVED that the funds necessary to meet the $8,900 purchase price for this property shall be appropriated from Account Number 44046300-00320, Open Space Acquisition and Improvements.

The Amendment was seconded by Deputy Mayor Pelkey; and approved, unanimously.

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


21.     Motion to Adjourn

A Motion to adjourn was made by Councillor Paquin at 9:45 p.m., was seconded by Councillor Fine; and was approved, unanimously.


Respectfully submitted,


                                                
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibits A., B., and C.)