TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Action Minutes Page 1 July 20, 2009
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Prague called the Regular Meeting to order at 8:05 p.m.
Mayor Prague then called for a short recess and the Regular Meeting reconvened at 8:15 p.m.
4. Roll Call
Members Present: Mayor Cary Prague
Deputy Mayor Gary Bazzano
Councillor Edward Havens
Councillor Kathryn Hale (left at 8:50 p.m.)
Councillor Kevin McCann
Councillor Paul Oates
Councillor John Pelkey
Councillor Keith Yagaloff
Members Absent: Councillor Lisa Maneeley
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council hereby approves the Minutes of the following Town Council Meetings: Work Session of July 6, 2009; and Regular Meeting of July 6, 2009.
Was made by Councillor Oates
Seconded by Councillor Yagaloff
The motion was approved with a Roll Call Vote of 5 to 0 with 2 abstentions as follows: Mayor Prague, Deputy Mayor Bazzano, Councillor Havens, Councillor Oates and Councillor Yagaloff voting in favor of approval; and Councillor Pelkey and Councillor McCann abstaining
Councillor Pelkey made a motion to Suspend the Rules to go to Item 17. A. and Item 17. B. Mayor Prague seconded the motion; and it was approved, unanimously.
ITEM:
17. New Business
A. Resolution Authorizing the Sale or Disposal of Surplus Vehicles
BE IT RESOLVED that the South Windsor Town Council hereby declares the following vehicle to be “surplus equipment” and authorizes Town Manager, Matthew B. Galligan to sell, or other wise dispose of, the following vehicles:
1986 E1 80” Aerial, VIN #1F9BBAA84G1037501, assigned to Volunteer Fire Department – Company 1
Was made by Councillor Yagaloff
Seconded by Councillor Pelkey
The motion was approved, unanimously
B. Resolution of Official Intent to Reimburse Expenditures with Bond Proceeds for Costs Related to the Connecticut Studios, LLC Development Project in South Windsor, Connecticut
WHEREAS, the Town of South Windsor, Connecticut (the “Town”) is a political subdivision of the State of Connecticut; and
WHEREAS, the Town is authorized under Municipal Development Projects, Chapter~132 of the General Statutes of Connecticut, Revision of 1958, as amended (the “Act”), to undertake a development project for the assembly, improvement and disposition of land or buildings, or both, to be used principally for industrial or business purposes, including, but not limited to, any commercial, financial or retail enterprise, including any enterprise which promotes tourism and any property that produces income; and
WHEREAS, pursuant to the Act, the Town has adopted a project plan entitled “I_291 Corridor District Municipal Development Project, dated February, 2002”, for the area in the Town generally bounded by Route~5 on the west, Chapel Road on the north, Long Hill Road on the east, and Burnham Road on the south (the “Plan”); and
(Resolution Continued on Next Page)
ITEM:
17. B. (continued)
WHEREAS, Connecticut Studios, LLC, a Connecticut limited liability company, the members of which are Pacifica Ventures, LLC, a California limited liability company, and Halden Acquisition Group II, LLC, a Rhode Island limited liability company (together, the “Developer”), has proposed the acquisition, construction and development of a motion picture studio, including sound stages, studio office space, mill space for set construction and a visitor’s center, a hotel, restaurants, retail space, and other facilities, roads, sewers, water lines and other supporting infrastructure as permitted by the Plan (the “Project”); and
WHEREAS, the Town plans to issue tax-exempt revenue bonds in an aggregate principal amount of approximately $25,000,000 in one or more series (the “Bonds”) to provide financing for the Project, which shall be approved by subsequent resolution of the Town Council; and
WHEREAS, the Town or the Developer may incur expenditures for the Project prior to the issuance of the Bonds, which the Town may determine to reimburse from the proceeds of the Bonds
NOW, THEREFORE, BE IT RESOLVED that the Town hereby expresses its official intent pursuant to Section~1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this Resolution in the maximum principal amount of $25,000,000 for costs related to the Project and approved by the Town, with the net proceeds of the Bonds. Reimbursement of such expenditures from the proceeds of the Bonds, if any, shall occur not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize. The Town hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of
this date. The Town Manager or his designee, upon adoption of proper appropriation by the Town Council, is authorized to pay Project expenses in accordance herewith pending the issuance of Bonds. This Resolution is
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ITEM:
17. B. (continued)
adopted solely for purposes of compliance with the Regulations and may not be used or relied on for any other purpose. This resolution is not a commitment to issue the Bonds, reimburse any expenditures, or to provide any other assistance to the Developer; and
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon passage.
Was made by Councillor McCann
Seconded by Councillor Pelkey
The motion was approved, unanimously
Councillor Pelkey made a motion to Suspend the Rules to go to Item 16. A., Item 17. D., and Item 17. C. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
16. Unfinished Business
- Resolution Appointing Dr. Saud Anwar (D) to the Human Relations Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints Dr. Saud Anwar (D) to the Human Relations Commission for a term ending November 30, 2011 to fill an unexpired term of Mr. David Snyder.
Was made by Councillor Havens
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
17. New Business
D. Resolution Authorizing the Transfer of $50,000 from the Contingency Account to the Town Manager’s Professional Account
BE IT RESOLVED that the South Windsor Town Council approves a transfer of $50,000 from the Contingency Account to the Town Manager’s Professional Account; and
(Resolution Continued on Next Page)
ITEM:
17. D. (continued)
BE IT FURTHER RESOLVED that the Town Council authorizes Town Manager, Matthew B. Galligan to appropriate the matching funds for the construction of the Indoor Baseball and Softball Facility, to the South Windsor Community Foundation with the stipulation that all funds are to be used solely on this facility; and
BE IT FURTHER REOLVED that any unexpended funds are to be returned to the Town’s General Fund.
Was made by Councillor Pelkey
Seconded by Councillor Yagaloff
The motion was approved, unanimously
C. Resolution Authorizing the Town Manager to Execute an Agreement Between the Town and the State of Connecticut for the Construction, Inspection and Maintenance of the Buckland Road Pavement Rehabilitation Project (132-128) Utilizing Federal Funds Under the American Recovery and Reinvestment “Act” of 2009
WHEREAS, the Town of South Windsor has made application to, and received approval from the State of Connecticut for Utilizing Federal Funds under the American Recovery and Reinvestment “Act” of 2009 for the Buckland Road Pavement Rehabilitation Project (132-128); and
WHEREAS, the Town shall be responsible for the construction phase of the project; and
WHEREAS, the “Act” has appropriated dollars to the State to provide funding for highways, bridges and other public safety projects
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ITEM:
17. C. (continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan to execute on behalf of the Town of South Windsor, the “Agreement between the State of Connecticut and the Town of South Windsor for the construction, inspection and maintenance of the Buckland Road Pavement Rehabilitation Project, State Project #132-128, Federal Aid Project #1132 (104) utilizing federal funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5”, and the Council adopts as its policy to support the nondiscrimination agreements and warranties required under the Connecticut General Statutes; and
BE IT FURTHER RESOLVED that Matthew B. Galligan was appointed Town Manager on January 16, 1996 and serves as the Chief Executive Officer for the Town of South Windsor and is duly authorized to enter into agreements and contracts on behalf of the Town of South Windsor.
Was made by Deputy Mayor Bazzano
Seconded by Councillor Pelkey
The motion was approved, unanimously
22. Adjournment
At 10:25 p.m. Councillor Pelkey made a motion to adjourn the Regular Meeting. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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