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Town Council - Special Meeting - 10-23-06
TOWN OF SOUTH WINDSOR
MINUTES

TOWN COUNCIL                                                    SPECIAL MEETING
COUNCIL CHAMBERS                                                OCTOBER 23, 2006
SOUTH WINDSOR TOWN HALL                                 TIME:  7:00 P.M.



1.      Call Meeting to Order

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

2.      Roll Call

Members Present:        Mayor Matthew Streeter
Deputy Mayor Thomas Delnicki
Councillor Deborah Fine
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty (Left at 7:45 p.m.)
Councillor John Pelkey
Councillor Cary Prague
                                Councillor Keith Yagaloff

Also Present:           Town Manager Matthew Galligan


3.      Public Participation

Coming forward to speak under this item was Councillor Pelkey and his friend ”Shaun,” 81 Norman Drive, (“Shaun” being a hand-operated puppet), wishing to convey to the listening public the fact that next Saturday, October 28, is “Family Awareness Day” in South Windsor.  Activities associated with this Day will be held at the Charles N. Enes Community Center, starting at 10:00 a.m..  A Puppet Show will commence at 11:00 a.m., and its theme will be on “being different.”

Next to speak was Larry Torff, 521 Quarry Brook Drive, who said he wished to lend his support to the Town Council’s initiative to provide more information to the voters on the ballot’s Referendum Question.  He said he was “surprised this initiative didn’t start six weeks ago.”  



3.      Public Participation  (Continued)


Continuing, Mr. Torff said he would like to convey some thoughts to listening South Windsor residents that they should know about this Referendum Question.  He then went on to say this was not “business as usually; in fact, it is unprecedented in South Windsor’s history to borrow money for road, drainage, and infrastructure repairs.  He felt that residents had the right to know, and the Town should provide the information, on what the administrative and legal costs will be to issue $10 million in bonds; and what kind of interest must be repaid as a result of borrowing $10 million..

Mr. Torff pointed out that there is the possibility that some, or none, of the projects being proposed by this Question would ever get done.  He felt that the Question “was seeking a blank check with no binding commitment or accountability.”  In conclusion, Mr. Torff expressed his feelings that “repairing roads and drains is the right thing to do; however, South Windsor shouldn’t borrow money to do it.”  Pay as you go, he felt, is the way to go.

Mayor Streeter stated, for the record, that “this is not unprecedented in South Windsor’s history.”  He reminded those who where living here in the 1960s and 1970s that they must remember the Referendums for sewer construction and road maintenance; and, also, in the 1930s and 1940s when several bridges were built, this did go to public meeting.

4.      Special Business

A.      Discussion ItemProposed Lease Arrangement Between the Town of South Windsor and Kerin & Kerin, LLC for Property at 1530 Sullivan Avenue
        (Note:  A portion of this discussion may have to be conducted in “Executive Session”)

Mayor Streeter asked Town Manager Galligan if he wished to begin this item by going into Executive Session.  Mr. Galligan replied that there are things the Council may wish to talk about that they did not wish the “owner” of the property to be aware of.

A Motion was made by Councillor Moriarty to go into Executive Session.  The Motion was seconded by Deputy Mayor Delnicki.  Councillor McCann interjected that the Council should state, for the record, that the purpose of the Executive Session is to discuss the lease and purchase terms of a potential contract.  The Motion was approved, unanimously; and the Town Council entered Executive Session at 7:15 p.m..



4.      A.  (Continued)

Mayor Streeter reconvened the Special Meeting at 8:00 p.m., and discussion on Agenda item 4. A. resumed.  The Mayor then read into the record, for the public, the recommendation of the Town Council’s “Space Needs Subcommittee.”  

He began by informing the public that the Space Needs Subcommittee was formed in 2001; and its purpose was to take a comprehensive look at all Town-owned facilities for the purpose of understanding and assessing lack of functional space for storage, meetings, and activity and work areas.

Continuing, Mayor Streeter reported that the final report in 2001 has resulted in the expansion of the Public Works Building; successful Referendum for a new Fire Station Company #3; the inclusion of the Ambulance Facility in Referendum to alleviate needs at the Police Services Building; the outright sale of Union School; and the use of some outside storage facilities to ease some space burdens

Mayor Streeter then enumerated items of importance that have not been addressed—one of which, he said, were the space needs at Town Hall.  The Space Needs Subcommittee, he added, has met several times regarding what should be recommended for the implementation at Town Hall—i.e., are there space needs at Town Hall?  Do long-range plans include further expansion of services?  Does the purchase of the old Post Office building fill the needs of the expansion of Town Hall?  The Mayor then enumerated specific space needs in Town Hall within every Department; mainly because of additional equipment and personnel and the resultant “tighter work quarters.”

Solutions, for the short- and long-run, according to the Mayor must be found.  He felt that the acquisition of lease space at the old Post Office building is a “viable short-run option.”  The additional 9,000 to 10,000 square feet could relieve pressures on everyone at Town Hall; and its location, he added, is a natural fit to crease a “campus setting” for Town Hall services.  A decision as to whether or not to purchase the old Post Office, he felt, could be resolved at a later date.





4.      A.  (Continued)

Several other options, Mayor Streeter said, would be to “continue to do nothing; and ignore the problems at Town Hall;” or “go to Referendum for the expansion of Town Hall.”  The informed the public that the “Town Hall” has been high on the list of recommended action by the Subcommittee—the options being to expand Town Hall via construction; or to lease, or purchase, additional space.  

The Mayor continued by saying that the alternative of an “off-premises lease” is not new to South Windsor.  This Subcommittee, he announced, feels that the acquisition of the former Post Office building, via lease, would be the best and most cost effective manner to achieve this end, at this time.  Potential uses, he said, could be decided at a later date.  He concluded by stating that “the Committee does fully endorse and supports this Resolution to enter into a lease agreement of the old Post Office, on Sullivan Avenue, adjacent to the present Town Hall.”  

The Mayor used this opportunity to thank his fellow members of the Space Needs Subcommittee for their time and efforts—they being: Councillor Edward Havens and Councillor Kevin McCann.  He then opened the subject to discussion.

Deputy Mayor Delnicki thanked the Town Manager for providing answers to the questions he had forwarded to the Manager regarding “feasibility plans” for the use of the old Post Office.  As he understood it, he said, those feasibility plans included the moving of the Council Chambers, the creation of a TV studio, and the possible moving of the Maintenance Department.  He asked if that was correct.  Mr. Galligan explained that the original suggestion was to move the Council Chambers into the old Post Office.  He also offered that “IT” (Information Technology) could move down there; or the Finance Department; and, perhaps, a “media center.”  

Mr. Galligan explained further the efforts being made to keep “associated” departments in the same building so that a resident did not have to move around from building to building to accomplish one task.

Deputy Mayor Delnicki then asked what the “rent” would be.  Mr. Galligan explained $15/sq. ft. x 8,708 sq. feet, (or) about $130,000 per year.  Add to that, according to the Deputy Mayor, about $210,000 to $215,000 yearly maintenance cost; and $10,000 for lost revenue and taxes.  Mr. Galligan said that was correct.


4.      A.  (Continued)


Referring to a commercial “appraisal,” Deputy Mayor Delnicki asked why one had not been done of this property.  Although Mr. Galligan concurred that the Deputy Mayor was correct about the appraisal, at this time, one had not been done.  He did add that a  “statistical analysis” was done through the Town Assessor’s Office.  

The original thought, according to Mr. Galligan, was to lease the space; however, now that the talk has moved to a possible “lease with an option to buy,” and if the Town Council so desired, he would see that an appraisal of the property was conducted.

Before entertaining the Resolution to lease the old Post Office, the Deputy Mayor felt the appraisal should be in place, as well as a plan outlining what the facility would be utilized for.  He said he would not be able to support the Resolution until these conditions were met.

Councillor Yagaloff agreed with the need for a commercial appraisal; and felt that this measure, together with the others mentioned, could be “built into the Resolution” this evening.  However, with regard to what the “plans” are for this particular building, the Councillor felt that the “bigger plan” was to determine what the Town wished to achieve.  

His personal vision, he said, is to see more centralization of Town services; including bringing the Town’s recreation toward the center of Town (that, he said was why he was “not quite so happy, for example, that we’re putting all that money into Rye Street Park.”  He would much rather have seen the money go to Nevers Road Park or into the Priest Property).  He wished for a “community” atmosphere.  He felt this building, though small, and relatively inexpensive, was a step in that direction.

Councillor Havens felt that Councillor Yagaloff’s comments were “very well put.”  The need for space, he added, has been the “bottom line” in all these negotiations.  Although more expensive that some may want, he added, it was the “location,” “location,” “location!”  He added that it’s not the first community to have off-site municipal services; and he further asked “who in the world gets one so convenient to the center of its activities?  Nobody!”  He felt the Town was very lucky to have the opportunity to lease this space; and, after having worked on this project for five years, he said he was “tired of looking for space when it’s right under our nose.”.


4.      A.  (Continued)

Councillor Havens explained that the Subcommittee Members have divided up and individually inspected each one of the public buildings in need of more space.  And, in fact, presently a couple of the Department’s need have been met—i.e., a new Fire Station #3 for the Fire Department; more room for the Police Department by moving the Ambulance Corps facility to the new Fire Station #3.   

The Councillor said that the only way we could add on to the Town Hall is via “Referendum’ approval; in which case, he did not think it would be approved by voters.  Councillor Havens said he has felt for the last five or more years that acquiring this building was a smart move; and, he added, he continues to feel that way today and the opportunity should not, again, be lost.

Councillor McCann, the newest member of the Space Needs Subcommittee, said he has seen the work that has been done over the last five years by the other Subcommittee Members.  The Councillor joined the Subcommittee in their feelings that it was time to address the “space needs” in the Town’s facilities.  Another expectation of the residents of South Windsor, the Councillor felt, was that “town services; and, particularly their interaction with said services, to be right here in the Town “center.”  For that reason, he said, the old post office is a “good fit” for the Town’s long-term vision for this Town.

Saying that he had been a member of the Space Needs Subcommittee several years ago, Councillor Pelkey commented on the purchase price at that time vs. the price being quoted today.  He did remind those listening that the “agreeable price” for the property at that particular time was an “as is” price—the building still had to have asbestos removed, etc.; and the estimated cost to accomplish this was somewhere between a $1.8 and $2.2 million cost to the Town to get the building where the Town needed it.  The Councillor felt that the biggest asset of this building, and one of some importance, was its “location.”

Councillor Prague, although being “very much in favor of buying the old Post Office, continued to be concerned that the Council was not looking at the whole picture of South Windsor.  He felt that the vision should include, eventually, “what do we do with the Community Center (which he felt the Seniors were outgrowing already); what do we do with the Board of Education (with the knowledge that they are housed in a “very old building” and will have to go somewhere else, eventually).

4.      A.  (Continued)

Councillor Prague felt that more “due diligence” was necessary—“appraisals” should be obtained; the Town should have an idea of “exactly” what we want to do with the building if we purchase it.  Concluding, the Councillor said that, although enthusiastic about acquiring this building, he still had reservations about  supporting this Resolution.

Councillor Fine stated that she has been in favor of purchasing or leasing the old Post Office “since day one.”   She said that, with the proper Amendments in place to the existing Resolution, she would definitely be supporting this proposal.

B       Resolution Authorizing the Town Manager to Enter into a Lease Arrangement on Behalf of the Town of South Windsor for Additional Space for Town Hall with Kerin & Kerin, LLC for Property Known as 1530 Sullivan Avenue (Formerly Known as the United States Post Office Building)

WHEREAS, the Town Council formed a Space Committee in 2001 to look at the various capital infrastructures that were needed in order to meet the needs of the community; and

WHEREAS, the Space Committee has been working feverishly to determine the expansion of Town Hall, as well as other projects, and is looking for the best economical and efficient way of managing its business; and

WHEREAS, the Space Committee, after numerous meetings, has determined that the Town should lease the former Post Office (also known as 1530 Sullivan Avenue, South Windsor) for the next couple of years with an option to purchase; and

WHEREAS, it is the Space Committee’s recommendation that the lease provide for the following issues:

·       The lease should be for a period of ten (10) years and five (5) months, upon commencement of a lease agreement;
·       
·       The five months following the lease signing will be five (5)months of free rent;

(Resolution Continued on Next Page)


4.      B.  (Continued)


·       The rental rate will be fifteen dollars ($15.00) per square foot and a proposed base rent shall increase fifty cents ($0.50), annually, and its triple net exclusive of all expenses and including but not limited to utilities, operating expenses, real estate taxes, building and site maintenance, and tenant janitorial;
·       
·       The tenant (i.e., South Windsor) will pay all operating expenses, and building and site maintenance as well;
·       
·       The landlord shall provide improvement allowance equal to thirty dollars ($30.00) per rentable square foot to be used towards tenant and base program improvements and architecture and engineering services;
·       
·       The landlord will consider amortizing additional improvements over the term of the lease at an interest rate of 8%;
·       
·       The tenant (i.e., South Windsor) shall have the right to extend the lease by one five-year period, but no less than nine (9) months and no more than fifteen (15) months written notice at a rate equal to fair market rental rate at the time of the notice;
·       
·       As the tenant, the Town of South Windsor shall be permitted to install building standard signage, an exterior building directory signage to be installed in front of the building, subject to local zoning approval and prior approval from the landlord, which shall not be unreasonably withheld; and

·       As the tenant, if the Town of South Windsor would like to purchase the building they may do so in the third year of the lease in which notice shall be given to the landlord one hundred and eighty (180) days in advance from the end of the third year of the initial lease term.  Such purchase price is now established at One Million Four Hundred and Seventy-Five Dollars ($1,475,000)

(Resolution Continued on Next Page)


4.      B.  (Continued)

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor, hereby authorizes Town Manager Matthew B. Galligan and the Town Attorney, Duncan J. Forsyth, of Halloran & Sage LLP, to enter into lease and appropriate contracts with Kerin & Kerin LLC for the lease and possible option to purchase the former Post Office building at 1530 Sullivan Avenue, South Windsor, in order to mitigate Town Hall space needs/problems based upon lease terms as outlined in this Resolution.

Was made by:    Councillor Havens
Seconded by:    Councillor McCann

Councillor Yagaloff moved to Amend the Resolution by adding to the Committee’s recommendation that the lease provide the following issues, as follows (changes are in bold print).:

(After the 5th bullet):

·       The landlord’s installation of mechanicals and other improvements to be consistent with Class B office space.

·       This lease arrangement subject to a reasonable appraisal of the value of the property.

The last bulleted paragraph should now read:

·       As the tenant, if the Town of South Windsor would like to purchase the building they may do so in the third year of the lease in which notice shall be given to the landlord one hundred and eighty (180) days in advance from the end of the third year of the initial lease term.  Such purchase price shall be no greater than One Million Four Hundred and Seventy-Five Thousand Dollars ($1,475,000)/

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

Councillor McCann then moved to Amend the Resolution further by again making a change in the last bulleted item as follows (change is in bold print)

·       As the tenant, if the Town of South Windsor would like to purchase the building they may do so in the fourth year of the lease in which notice shall be given to the landlord one hundred and eighty (180) days in advance from the end of the fourth year of the initial lease term.  Such purchase price shall be no greater than One Million Four Hundred and Seventy-Five Thousand Dollars ($1,475,000)/


4.      B.  (Continued)


The Motion to Amend was seconded by Councillor Havens; and was approved, unanimously..

C.      Discussion Item: – Possible Preparation and Distribution of a Brochure Describing Proposed Road, Drainage, and Intersection Improvements Covered by Referendum Question on November Ballot

A lengthy discussion ensued regarding the feasibility of allotted remaining time being sufficient for a such a brochure to be prepared and distributed to South Windsor voters in time for the November 7th Election.  By the end of the discussion, it was the general feeling that the brochure should have been prepared much sooner; and, perhaps the Town has not  been properly informed of what is allowable and what is not allowable in a brochure speaking to a Referendum Question.

D.      Resolution Authorizing the Preparation and Distribution of a Brochure Providing Details of the Road, Drainage, and Intersection Improvements Being Proposed by the Referendum Question Appearing on the November 7, 2006 Ballot

BE IT RESOLVED that the South Windsor Town Council hereby authorizes the Town Manager to have prepared, and distributed to Town residents, a brochure detailing proposed road, drainage, and intersection improvements being sought through voter approval of the Referendum Question included on the November 7, 2006 ballot, said Question reading as follows:

“Shall the Resolution Appropriating and Authorizing Bonds in the Amount of $10,000,000 for Road, Drainage, and Intersection Improvements be Approved?     YES        NO”

Was made by:    Councillor Prague
Seconded by:    Councillor Pelkey

A Motion to Table was made by Councillor McCann; was seconded by Deputy Mayor Delnicki; and failed, on a Roll Vote, 4 Ayes to 4 Nays, as follows:

        Deputy Mayor Delnicki  -  Yes                   Councillor Fine         -       No
        Councillor McCann       -   Yes                 Councillor Havens               No
        Councilor Pelkey                No                      Councillor Prague               Yes
        Councillor Yagaloff             No                      Mayor Streeter          Yes


4.      D..  (Continued)


The Mayor then called for a vote on the Resolution.  It was defeated 7 Nays to 1 Yea, on a Roll Call vote as follows:

        Deputy Mayor Delnicki  -        No                      Councillor Fine         -       No
        Councillor McCann       -       No                      Councillor Havens               No
        Councilor Pelkey                Yes                     Councillor Prague               No
        Councillor Yagaloff             No                      Mayor Streeter          No

E.      Resolution Opposing the Proposed 30.2% Overall Rate Increase by the Connecticut Water Company

WHEREAS, Connecticut Water Company, on July 18, 2006, filed an Application with the Connecticut Department of Public Utility Control for a 30.2 percent overall rate increase; and

WHEREAS, approximately two-thirds of the geographical area of the Town of South Windsor is within the Connecticut Water Company Franchise Area, and approximately one-third of the geographical area of the Town of South Windsor is within the Metropolitan District Franchise Area; and

WHEREAS, the present water rate charged by Connecticut Water Company is $3.00 per 100 cubic feet of water for the first 200 cubic feet; and $3.884 per 100 cubic feet of water, thereafter, up to 2,800 cubic feet of water; while the present water rate charged by the Metropolitan District Commission is $1.84 per 100 cubic feet of water—a situation that causes inequality among the residents of South Windsor that will only be made worse if the proposed 30.2% Connecticut Water Company rate increase goes through; and

WHEREAS, water is the sustenance of life, and an increase of 30.2% will place a substantial burden on the most vulnerable of our residents, our seniors, and families just making ends meet, not to mention the impact this will have on the Town Budget

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, acting on behalf of all the citizens and taxpayers of South Windsor, is opposed to the proposed 30.2% overall rate increase application filed by Connecticut Water Company with the Department of Public Utility Control on July 18, 2006; and

(Resolution Continued on Next Page)


4.      E..  (Continued)



BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Department of Public Utility Control for their consideration during deliberations on the proposed 30.2% rate increase.

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

The Motion was approved, on a Roll Call Vote, 7 Ayes to 1 Abstention—the Abstaining vote being cast by Councillor McCann because of a Conflict of Interest.

5.      Executive Session

A Motion to go into Executive Session to discuss the Town Manager’s Evaluation was made by Deputy Mayor Delnicki; was seconded by Councillor Pelkey, and was approved, unanimously.

6       Adjournment

The Meeting was adjourned immediately following the conclusion of the Executive Session.



Respectfully submitted,


                                        
Patricia R. Brown
Clerk of the Council