TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 February 4, 2008
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Streeter called the Regular Meeting to order at 8:00 p.m
4. Roll Call
Members Present: Mayor Matthew Streeter
Deputy Mayor Cary placeCityPrague
Councillor Gary Bazzano
Councillor Kathryn Hale (arrived at 8:31 p.m.)
Councillor Edward Havens
Councillor Lisa Maneeley
Councillor PersonNameKevin McCann
Councillor PersonNameJohn Pelkey
Councillor PersonNameKeith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
Mayor Streeter made a motion to Suspend the Rules to go into Executive Session at 8:02 p.m. to discuss pending claims and litigation; Councilor McCann seconded the motion and it was approved, unanimously.
The following individuals went into Executive Session: Mayor Streeter, Deputy Mayor Prague, Councillors Bazzano, Havens, Maneeley, McCann, Pelkey and Yagaloff, Town Attorney Duncan Forsyth and Town Manager Matthew Galligan.
Councillor Maneeley made a motion to adjourn the Executive Session at 8:19 p.m. Deputy Mayor Prague seconded the motion and it was approved, unanimously.
Deputy Mayor Prague made a motion to Suspend the Rules to go to items 16. A. and 17. D.; Counciloor Pelkey seconded the motion and it was approved, unanimously.
ITEM:
16. Unfinished Business
A. Resolution Authorizing the placePlaceNameSouth Windsor PlaceNamePublic PlaceTypeBuilding Commission to Develop Plans for the Replacement, Expansion, and/or Renovations of the Elementary Schools
BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with the necessary staff to develop programs and plans for replacement, expansion, and/or renovations of the Elementary Schools; and
BE IT FURTHER RESOLVED that the Public Building Commission shall (1) secure architectural services and assess opportunities for Referenda Questions for this project; (2) periodically provide Town Council with progress reports on these projects; and, (3) present its formal report to the Town Council.
Was made by Councillor McCann
Seconded by Mayor Streeter
Mr. Hap Fitts, Chair of the Pubic Building Commission came before the Town Council and explained that this resolution is to have the Public Building Commission work with the Board of Education on the Elementary School projects. The cost of the plans should reach approximately $50,000. There is a time constraint on this project if it is to go to referendum in November.
Mayor Streeter suggested the following Amendment:
BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with the necessary staff, including the Board of Education, to develop programs and plans for replacement, expansion, and/or renovations of the Elementary Schools; and
Councillor McCann accepted the suggestion as a friendly Amendment.
ITEM:
16. A. (continued)
Answering questions from the Town Council, Mr. Fitts explained that the Architect will draw up the plans and then the Construction Manager will be able to quote a price for the project. The plans will be also be used during the referendum in order for placeSouth Windsor residents to be able to look at them. The referendum would not be able to be held in the Spring because of time constraints. It would not be in the Town’s best interest to go to the public and seem rushed.
Councillor McCann stated that the Town Council needs to give the Public Building Commission charge with this so they can work on this issue and come back to the Town Council with the final plans so that we have something to act on, Councillor McCann then moved the question. Deputy Mayor Prague seconded the motion. The motion failed due to lack of 2/3’s vote (needed six Aye’s to pass) on a Roll Call vote with 4 Ayes to 5 Nays as follows:
Deputy Mayor Prague Aye
Councillor Hale Nay
Councillor Bazzano Aye
Councillor Havens Nay
Councillor McCann Aye
Councillor Pelkey Nay
Councillor Maneeley Aye
Councillor Yagaloff Nay
Mayor Streeter Nay
Councillor Hale stated that she is concerned about the long term operating expenses for four new buildings, and proposed an Amendment to the resolution to direct the Pubic Building Commission in its process to consider long term cost savings from energy conservation and/or alternative energy systems. Councillor Pelkey seconded the Amendment.
BE IT RESOLVED that the South Windsor Town Council authorizes the Public Building Commission to work with the necessary staff, including the Board of Education, to develop programs and plans for replacement, expansion, and/or renovations of the Elementary Schools, as well as consider long term cost savings from energy conservation and/or alternative energy systems; and
ITEM:
16. A. (continued)
Councillor Hale explained that there are programs where the Town can save 5% compared to C L & P rates, and requested that when working with the Architect she would like the Town to look at ways of saving.
Councillor McCann stated that he is not in favor of the Amendment and feels the Council should let Public Building Commission do their job.
Mayor Streeter called for a vote on the Amendment, it passed with a Roll Call vote of 8-1 with the dissenting vote being cast by Councillor McCann.
Answering questions from the Town Council, Mr. Fitts explained that the Pubic Building Commission will have a cost for the project by June 30, 2008. Town Manager Galligan added that he has had discussions with the Superintendent of Schools and they had agreed that there would not be enough time to have an April referendum. It is the Town Council’s jurisdiction to set the date for a referendum.
Mayor Streeter called for a vote on the Amended Resolution, and it was approved, unanimously.
17. New Business
D. Resolution Authorizing Town Manager, Matthew B. Galligan, upon Consultation with the Town Attorney, to Execute a Purchase and Sale Agreement for the Purchase of forty acres of the Foster Farm and to Execute all Documents necessary to implement said Purchase
WHEREAS, the Electors of the Town of South Windsor, pursuant to a Referendum on November 8, 2005, authorized the appropriation of $4,000,000 for the acquisition of land of interest for open space preservation, recreation, conservation or agricultural land preservation and the issuance of bonds to meet said appropriation; and
WHEREAS, the Town of South Windsor has undertaken negotiations for the purchase of forty acres of the property known as the “Foster Farm” for a purchase price of $2,800,000, which is consistent with the authorization provided by way of the above referenced Referendum; and
ITEM:
17. D. (continued)
WHEREAS, the proposed purchase of the Foster Farm property will increase the amount of open space within the Town of South Windsor and provide potential use for other municipal purposes as approved by said Referendum; and
WHEREAS, the Town Council believes that said purchase is in the long-term best interests of the Town of placeCitySouth Windsor
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby authorizes Town Manger, Matthew B. Galligan, upon consultation with the Town Attorney, to execute a purchase and sale agreement for the purchase of forty acres of the Foster Farm and to execute all documents necessary to implement said purchase.
Was made by Councillor Prague
Seconded by Mayor Streeter
Mayor Streeter, Councillor Havens, Councillor Pelkey, and Councillor Hale all stated their reasons for being in favor of this resolution.
Mayor Streeter called for a vote on this resolution, it was approved, unanimously.
5. Public Input
None
6. Environmental Health & Safety Message
None
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session of January 22, 2008; Public Hearing of January 22, 2008; and Regular Meeting of January 22, 2008.
ITEM:
7. Adoption of Minutes (continued)
Councillor Bazzano stated he was not in the Executive Session of the January 22, 2007 meeting and would like his name taken off of the Work Session Minutes.
Mayor Streeter called for a vote on the Amended Minutes, they were approved, unanimously.
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Communications and Reports from Town Manager
Town Manager, Matthew Galligan, reported on the following issues:
· The Town has filed for a one month extension for the assessments.
· Although the Town has not received official notification, the Town and School Board have received from the placePlaceNameIn-safe PlaceTypeSchool’s Grant Award an amount of $33,891. for the cost for video surveillance at the PlaceNameplaceTimothy PlaceNameEdwards PlaceNameMiddle School. Mr. Galligan thanked Commander Reed and School Officials.
· The fuel cell stacks are being refurbished in accordance with the agreement the Town has with United Technology Fuel Cell. The Board of Education will also be receiving credit in the amount of $30,000 that will pay for the gas.
· The Town will be refinancing placePlaceNameTimothy PlaceNameEdwards PlaceNameMiddle School bonds and Open Space bonds because the interest rates have lowered.
· A Town Council Workshop will be scheduled for all Town Council Members. This will give the Town Council and opportunity to review priorities and highlight the responsibilities and duties of the Council.
· Wanted the Town Council to be aware that American LaFrance is filing for bankruptcy. The Town has a tower ladder truck on order with them which is half built. The contract that was written does not allow any payments to them until the vehicle is delivered, inspected, and taken ownership by the Town.
ITEM:
10. Communications and Reports from Town Manager (continued)
Councillor Yagaloff voiced his support for a proposal to construct an indoor baseball/softball facility at Rotary Field. Councillor Yagaloff informed Council Members that he will be submitting a resolution to make a Town commitment of up to $50,000, (50% of amount being raised for this project) to help support this project.
Councillor Yagaloff requested a history of the fund balance over a period to time? Mr. Galligan said something like that has already been done, so he will add some explanation on the report and get that information to the Town Council.
A discussion ensued regarding the Mobil Station on addressStreetOakland Road. Mr. Galligan stated that although there has not been any formal decisions made regarding this gas station, it is his feeling that the station will probably not be there anymore. Councillor Havens suggested that the area be used for a pocket park as was done in placeCityManchester. Councillor Hale questioned if the Town is looking into taking the site over, and if the Town does, would there be Brownfields Remediation money available? Mr. Galligan explained that an Attorney from Halloran & Sage who specializes in remediation will take a look at that if the Town were to move forward in that fashion.
Deputy Mayor Prague questioned how the fund balance did last year? Mr. Galligan explained that the fund balance increased by approximately $588,000.
Councillor Hale voiced her support for an indoor baseball/softball facility. She than asked if the Town received any money from the CRRA settlement? Mr. Galligan explained that the Town has received $635,000 but has left that in escrow until the appeal process timeframe has ended. The money will then be put into the fund balance.
11. Reports from Standing Committees
None
12. Reports of Temporary Committees
None
ITEM:
13. Communications and Petitions from Council
Councillor Pelkey stated that with the Primary Election Day tomorrow it would have been nice to have a presentation from the Registrars Office. Councillor Pelkey then informed the public that in order for anyone to vote tomorrow, an individual has to be affiliated with a party. Mayor Streeter added that the polls are opened from 6:00 a.m. to 8:00 p.m. Councillor Yagaloff informed the public that because the voting is at the schools, if anyone pulls past a bus when the red light is on (flashing) there is a fine of $350.00.
Deputy Mayor Prague brought the Town Council and public up to date regarding the Orchard Hill Elementary walkers. He explained that if any of the children that walk to school would like a bus to transport them to and from school, the Board of Education has decided to let that happen for the rest of the school year. This issue will be discussed again at the end of the school year.
14. Public Participation
None
15. Consent Agenda
None
16. Unfinished Business
B. Resolution Approving a Refund of Property Taxes to Eleven (11) placeSouth Windsor Tax Payers
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to eleven (11) South Windsor Residents, the total of said refunds being $3,590.88, and as more fully described on attached Exhibit A.
Was made by Councillor Havens
Seconded by Councillor Hale
The motion was: Approved, unanimously
ITEM:
C. Resolution Appointing Richard Siedman (R) an Alternate to the Water Pollution Control Authority
BE IT RESOLVED that the South Windsor Town Council hereby Reappoints Richard Siedman (R) an Alternate to the Water Pollution Control Authority for a term ending November 30, 2008, to fill an unexpired term of Susan Rose.
Was made by Councillor Maneeley
Seconded by Councillor McCann
The motion was: Approved, unanimously
D. Resolution Appointing Timothy Appleton (D) to the Inland Wetland Agency/Conservation Commission
BE IT RESOLVED that the South placeCityWindsor Town Council hereby Appoints Timothy Appleton (D) to the Inland Wetland Agency/Conservation Commission for a term ending December 1, 2011.
Was made by Councillor Yagaloff
Seconded by Councillor Pelkey
Councillor Yagaloff stated that he received an e-mail from the Chairperson of this Commission and in the e-mail it was reported the Mr. Appleton has done exemplary work on the Inland Wetlands Commission and is making a recommendation that he continues on this Commission.
Mayor Streeter addressed this issue stating that the Democratic party is entitled to this appointment and Mr. Appleton is a voter in placeSouth Windsor. That being said, Mayor Streeter said that he is in support of this appointment.
Mayor Streeter called for a vote on this resolution. It passed on a Roll Call vote of 5 to 3 and 1 abstention. The dissenting votes being cast by Deputy Mayor Prague, Councillor Bazzano, and Councillor Maneeley. Councillor McCann abstained.
ITEM:
17. New Business
A. Resolution Reappointing Sandra Jeski (D) to the South Windsor Agricultural Land Preservation Advisory Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Sandra Jeski (D) to the South Windsor Agricultural Land Preservation Advisory Commission for a term ending November 30, 2010 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councillor Hale
Seconded by Councillor Pelkey
The motion was: Approved, unanimously
B. Resolution Reappointing Nancy Simonds (D) to the Personnel Appeals Board and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Nancy Simonds (D) to the Personnel Appeals Board for a term ending November 30, 2009 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Councillor Pelkey
Seconded by Councillor Hale
The motion was: Approved, unanimously
C. Resolution with Respect to the Authorization, Issuance and CitySale of not Exceeding $6,000,000 Town of placeCitySouth Windsor General Obligation Refunding Bonds
BE IT RESOLVED by the Town Council of placeSouth Windsor
Section 1. Not exceeding $6,000,000 General Obligation Refunding Bonds of the Town of South Windsor (the “Refunding Bonds”), or so much thereof as shall be determined by the Town Manager and the Town Treasurer as in the best interests of the Town for the purpose of
ITEM:
17. C. (continued)
moderating debt service payments and/or achieving net present value savings, are hereby authorized to be issued to refund all or any portion of the principal amount outstanding of the Town’s general obligation bonds (the “Refunded Bonds”). The Refunding Bonds shall be issued and sold either in a negotiated underwriting or in a competitive offering, and at such time or times as the Town Manager and the Town Treasurer shall determine to be most opportune for the Town. The Refunding Bonds shall mature at such time or times and in such principal amounts as shall be determined by the Town Manager and the Town Treasurer provided that no Refunding Bonds shall mature later than the final maturity of the Refunded Bonds. The Refunding Bonds shall bear interest payable at such rate or rates as shall
be determined by the Town Manager and the Town Treasurer, shall be executed in the name and on behalf of the Town by the manual or facsimile signatures of the Town Manager, and the Town Treasurer, bear the Town seal or a facsimile thereof, and be approved as to their legality by Robinson & Cole LLP, Bond Counsel. The Refunding Bonds shall be general obligations of the Town and each of the Refunding Bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon. The aggregate denominations, form, details, and other particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Town Manager and the
Town Treasurer. The net proceeds of the sale of the Refunding Bonds, after payment of underwriter’s discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the Refunded Bonds to maturity or earlier redemption pursuant to the plan of refunding. The Town Manager is authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related agreements necessary to provide for such payments on the refunded bonds and to provide for the transactions contemplated hereby. The Town Manager and the Town Treasurer are authorized to prepare and distribute a preliminary Official Statement and an Official Statement of the Town of CityplaceSouth Windsor for use in connection with the offering and sale
ITEM:
17. C. (continued)
of the Refunding Bonds. The Town Manager and the Town Treasurer are hereby authorized to execute and deliver on behalf of the Town a Bond Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement for the Refunding Bonds in such form as they shall deem necessary and appropriate.
Section 2. This resolution shall be effective until December 31, 2008.
Was made by Councillor Bazzano
Seconded by Mayor Streeter
Town Manager Matthew Galligan explained that this resolution was done by Robinson and Cole. There would be a net savings to the Town because the rate will drop.
Mr. Mark Chapman of Robinson and Cole explained that the economy changes and he would like to do this as quickly as possible. Town Manager Galligan added that if the Town waits the numbers may change to a higher rate.
Deputy Mayor Prague recused himself from this resolution.
Mayor Streeter called for a vote on this Resolution, it was Approved, unanimously.
E. Resolution Amending a Previous Approval (12/17/07) of a Tax Assessment Agreement with Generation 2 (PlaceNameplaceWentworth PlaceTypePark)
WHEREAS, on December 17, 2007 the Town Council passed a resolution for a Tax Assessment Agreement with Generation 2 (PlaceNameplaceWentworth PlaceTypePark), which after further review, it has been found necessary to clarify the Tax Assessment Agreement and amend it as follows:
ITEM:
17. E. (continued)
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 Generation 2 (Wentworth Park) to construct an 8,100 square foot professional office condominium facility at Felt Road, South Windsor, Connecticut, at an estimated cost of at least $1,500,000 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 Generation 2 (Wentworth Park) reducing the amount of the assessment of each of the approved nine (9) units of Phase II, Wentworth Park, having an estimated overall assessment of approximately $135,000 per unit, by a 50% amount for a period of three (3) 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 50% per unit of said assessed value after revaluation; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers Generation 2 (Wentworth Park) 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 the 10-year period; and comply with all of the conditions of approval imposed upon the site plan approval by the South
ITEM:
17. E. (continued)
Windsor Planning & Zoning Commission at its meeting of March 27, 2007, and if fails to meet these conditions, Generation 2 (Wentworth Park) agrees to refund the Town of South Windsor all of the tax savings described herein which Generation 2 (Wentworth Park) or its successors have received.
Was made by Councillor Yagaloff
Seconded by Councillor McCann
Answering questions from the Council, Town Manager Galligan explained that a tax abatement would be transferred to the end user who buys and establishes a business in this complex, not Generation 2. The Town has a mechanism in place to enforce this.
Mayor Streeter called for a vote on this resolution. It passed on a Roll Call vote of 8 to 0 with Councillor Hale abstaining.
18. Passage of Ordinance
None
19. Communications and petitions from Council
None
20. Communications and Reports from Town Manager
Town Manager Galligan informed Council Members that the Town has maintained an AA Rating.
21. Executive Session
22. Motion to Adjourn
At 9:46 p.m., Deputy Mayor Prague made a motion to adjourn; Councillor Pelkey seconded the motion; and it was Approved, unanimously.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
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