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Town Council Special Meeting 3/28/2007
TOWN OF SOUTH WINDSOR

MINUTES



TOWN COUNCIL                                                              SPECIAL MEETING
COUNCIL CHAMBERS                                                          MARCH 28, 2007
SOUTH WINDSOR TOWN HALL                                           TIME:  8:00 P.M.



1.      Call Meeting to Order

Mayor Streeter called the meeting to order at 8:00 p.m.

2.      Roll Call

Members Present:        Mayor Matthew Streeter
Deputy Mayor Thomas Delnicki
Councillor Edward Havens
Councillor Kevin McCann
Councillor Tim Moriarty
Councillor John Pelkey
Councillor Cary Prague
                                Councillor Keith Yagaloff

Members Absent  Councillor Deborah Fine

Also Present:           Town Manager Matthew Galligan

3.      Public Participation

        Mr. Richard Kelley of 49 Rosemary Lane came before the Town Council to discuss the tax abatement for Aldi Inc.  He expressed his concern with giving this tax abatement to Aldi because he feels it will be setting a precedence and would like all companies in South Windsor, existing and new, to be treated the same.  This agreement is unfair to the tax payers of South Windsor.

        Mr. John Phillips of 200 McGrath Road came before the Town Council to speak in opposition to this tax abatement.  Mr. Phillps added that the Planning & Zoning Commission placed a number of conditions on Aldi’s and he would like to see those conditions added to the tax abatement.  He also stated that he feels Aldi’s should be paying the building fees up front.


ITEM:

4.      Special Business

A.      Resolution for Town Council Endorsement of Proposed Open Space, Kilkenny Heights Subdivision, Abbe Road

WHEREAS, the Open Space Task Force has reviewed proposed Kilkenny Heights subdivision open space located on the east side of Abbe Road, north of the Dzen Tree Farm; and

WHEREAS, the proposed open space received a favorable rating for Town ownership because of the passive recreation, hiking, habitat and wildlife corridor, and future interconnection to open space within the Dzen property to the south; and

WHEREAS, the Open Space Task Force has recommended that the Town Council endorse acceptance of the proposed open space as Town-owned open space

NOW, THEREFORE, BE IT RESOLVED that the Town Council endorses the acquisition by the Planning and Zoning Commission of the proposed Kilkenny Heights subdivision open space as Town open space; and

BE IT FURTHER RESOLVED that, the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remediated prior to future Town acceptance.

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

Town Manager Matthew B. Galligan explained that he had spoken to Karl Reichle and it was felt that the best way to get access to this area is to have a gravel base with grass over it and tree line the path.  

Councillor McCann stated an Amendment to the last paragraph of the Resolution to read as follows:  

BE IT FURTHER RESOLVED that, the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remdediated and that a 25’ wide access way with a 15’ wide gravel base grass covered access which is capable o support a vehicle, be provided by the developer prior to future Town acceptance.


ITEM:

4.      A.  (continued)

Councillor Pelkey and Deputy Mayor Delnicki both agreed upon the Amendment to this Resolution.

Councillor Yagaloff felt that not having the gravel showing defeats the purpose of getting definition.  The public will not know that they have the right of way and will be hesitant to drive on grass if they do not see the gravel access.

Councillor Moriarty stated that he feels the gravel access is too much, but will support the Amendment for future purposes.  A sign should be erected in that area.

Councillor Pelkey stated he would like “tree lined” added to the Resolution as a friendly Amendment.  The Resolution to read as follows:

BE IT FURTHER RESOLVED that, the Town Council requires that any/all debris and/or contamination present on the subdivision open space be removed/remediated and that a 25’ wide tree lined access way with a 15’ wide gravel base grass covered access which is capable of supporting a vehicle, be provided by the developer prior to future Town acceptance.

The Motion to Amend was seconded by Councillor McCann,  Mayor Streeter called for a vote on the proposed Amendment.  It was approved unanimously.

B.      Resolution Establishing a Money Purchase Retirement Plan for Police Union Members hired after July 1, 2005

WHEREAS, the AFSCME Local 1480 South Windsor Police Union contract dated 7/1/06 to 6/30/09 establishes an ICMA Defined Contribution 401 (a) Pension Plan for those Police Union Members hired after July 1, 2005; and

WHEREAS, the establishment of a money purchase retirement plan benefits Police Union Members by providing funds for retirement and funds for their beneficiaries in the event of death; and




(Resolution Continued on Next Page)


ITEM:

4.      B.  (continued)

WHEREAS, the Town of South Windsor desires that its money purchase retirement plan for Police Union Members be administered by the ICMA Retirement Corporation and that the funds held in such plan be invested in the Vantage trust, a trust established by public employees for the collective investment of funds held under their retirement and deferred compensation plan

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby establishes a money purchase retirement plan – Town of South Windsor, CT – Police Union Plan in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust, pursuant to the specific provisions of the Adoption Agreement and the Plan shall be maintained for the exclusive benefit of eligible Police Union Members and their beneficiaries; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby executes the Declaration of Trust of the Vantage Trust intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Town of South Windsor, if the assets of the plan are to be invested in the Vantage trust; and

BE IT FURTHER RESOLVED that the Town of South Windsor hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust; and

BE IT FURTHER RESOLVED that the Town Manager shall be the Plan Coordinator and may delegate any administrative duties relating to the Plan to the appropriate personnel; and

BE IT FURTHER RESOLVED that the South Windsor Town Council hereby authorizes the Town Manager to execute all necessary agreements with the ICMA Retirement Corporation incidentals to the administration of the Plan.

Councillor Yagaloff stated that changing from the Defined Benefit to Defined 401 is a benefit to the town and he would support this.


ITEM:

4.      B.  (continued)

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


C.      Resolution Setting a Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2007/2008


BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 2, 2007, at 7:30 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 2007/2008.

Was made by:    Councillor Yagaloff
Seconded by:    Councillor Pelkey
The Motion was: Approved, unanimously

D.      Resolution Setting a Time and Place for a Public Hearing on the Proposed Board of Education Budget for Fiscal Year 2007/2008


BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 9, 2007, at 7:00 p.m., at Timothy Edwards Middle School, Room Alt. #6, 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 2007/2008.

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



ITEM:

4.      Special Business (continued)

E.      Resolution Approving a Tax Assessment Agreement with Aldi Inc. (Connecticut)

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 Aldi Inc. (Connecticut) to construct a 500,000 square foot regional warehouse and distribution facility at Rye Street, South Windsor, Connecticut, at an estimated cost of at least $57,000,000 for land, building and off-site improvements

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and Aldi Inc. (Connecticut) reducing the amount of the assessment of a new building having an estimated overall assessment of approximately $33,150,000 by 100% for a period of seven (7) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new construction, 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 100% of said assessed value after revaluation; and

BE IT FURTHER RESOLVED that the South Windsor Town Council offers Aldi Inc. (Connecticut) this Tax Assessment Agreement upon the condition that the business shall (1) meet the improvement 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 its local facilities approximately at a minimum of the currently proposed levels of employment during this 10-year period; and, if fails to meet these conditions, Aldi Inc. (Connecticut) agrees to refund to the Town of South Windsor all of the tax savings described herein which the Company has received.


ITEM:

4.      E.  (continued)

Was made by:    Councillor Moriarty
Seconded by:    Councillor Havens

A Motion was made by Deputy Mayor Delnicki to go into Executive Session to discuss potential tax abatement for Aldi Inc. (Connecticut).  The Motion was seconded by Councillor Pelkey.  The Motion was approved, unanimously; and the Town Council entered Executive Session at 7:44 p.m.

A Motion was made by Councillor McCann to adjourn Executive Session and return to Agenda item 4E.  The Motion was seconded by Deputy Mayor Delnicki.  The Motion was approved, unanimously; and the Town Council adjourned Executive Session at 8:55 p.m.

Mayor Streeter reconvened the Special Meeting to resume discussions on Agenda item 4E.

Councillor McCann recommended adding verbage to the middle of the last paragraph in order to have that Amended portion of the Resolution to read as follows:

BE IT FURTHER RESOLVED that the South Windsor Town Council offers Aldi Inc. (Connecticut) this Tax Assessment Agreement upon the condition that the business shall (1) meet the improvement 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 its local facilities approximately at a minimum of the currently proposed levels of employment during this 10-year period; and comply with all of the conditions of approval imposed upon the site plan approval by the South Windsor Planning & Zoning Commission at its meeting of March 27, 2007, and, if fails to meet these conditions, Aldi Inc. (Connecticut) agrees to refund to the Town of South Windsor all of the tax savings described herein which the Company has received.

Councillor Pelkey felt that including the Amendment will add clarity to the tax abatement and he stated he is in favor of the Amendment.

The Motion to Amend was seconded by Deputy Mayor Delnicki, Mayor Streeter called for a vote on the proposed Amendment.  It was approved unanimously.


ITEM:

4.      E.  (continued)

Deputy Mayor Delnicki informed residents that an ordinance regulating tractor trailer truck traffic is being proposed to the Town Council.

Councillor’s Moriarty, Yagaloff, Pelkey, Havens and Mayor Streeter all stated that they were in favor of this tax abatement and each stated their reasoning.

Mayor Streeter thanked Aldi and Associates for coming before the Town Council.

6.      Adjournment

At 9:10 p.m., a Motion to Adjourn was made by Deputy Mayor Delnicki; seconded by Councillor Moriarty; and was approved, unanimously.


Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council