TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Regular Minutes Page 1 November 1, 2010
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Pelkey called the Regular Meeting to order at 8:00 p.m., recessed the Regular Meeting in order to finish the Work Session and then reconvened the Regular Meeting at 8:09 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kathryn Hale
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Members Absent: Deputy Mayor Havens
Also Present: Matthew B. Galligan, Town Manager
Ms. Sue Gerich from the South Windsor Junior Women’s Club came before the Town Council to introduce the winner of the “Mayor’s Choice Award” for the Scarecrow Contest that was held at the Fall Festival. The winners are Donna Halligan and her granddaughter Julia Richards -congratulations for a job well done.
5. Public Input
Mr. George Marcotte of 24 Podunk Circle came to speak in favor of the Bark Park. Mr. Marcotte stated that he feels the Bark Park is in the right location and requested that the Town Council not shut the park down or move it to a different location.
Mr. John Bassilakis of 220 Laurel Street requested that the Town Council at a future meeting discuss the Old Post Office. Mr. Bassilakis would like to know what the plans for that building are or if there are no plans if the Town Council would consider putting it on the market for sale. Mr. Bassilakis also requested that the Town council review what Lawrence Road park could be used for.
ITEM:
5. Public Input (Continued)
Mr. Ron Johnson of 673 Main Street came before the Town Council with concerns regarding the repaving of Main Street.
Mr. David Korn of 52 Kent Lane thanked the Town Council for listening to all the different issues that arise and spoke in favor of item 17. C. regarding the naming of a field in memory of Craig Pepin.
Mr. Mike Sullivan of 24 Jared Court requested that the Town Council have a public hearing regarding TIF financing for CT. Studios in order to give the residents of South Windsor more information on this project. Mr. Sullivan was hopeful that the residents of South Windsor would receive an opportunity to talk about this issue.
Mr. Sullivan then stated that he has nothing against the Bark Park and feels that the Town Council should review the procedures that were followed for the Bark Park to make sure that the Town went about doing the process correctly.
Ms. Pat Botteron of 34 Victor Way came before the Town Council on behalf of South Windsor Walk & Wheel Ways and the Open Space Task Force to invite the Town Council on a Family Walk at Wapping Park on Sunday, November 7, 2010 from 1:00 p.m. to 4:00 p.m.
Ms. Nancy Yario of 20 Andreis Trail requested that the Town Council review the procedures followed for the creation of the Bark Park because she feels it was done illegally
Ms. Yario then stated that she visited the Community Center and feels it is a highly used facility with the need of more space but at a more reasonable cost then what is being proposed. The Town is in need of more basketball courts and an indoor pool should be considered.
Councillor Hale made a motion to Suspend the Rules in order to go to Item 17. A. Councillor McCann seconded the motion. Mayor Pelkey made a friendly amendment by adding Item 17. C. also. Councillor Hale and Councillor McCann agreed to the friendly amendment and the motion was approved, unanimously.
ITEM:
17. New Business
- Resolution Approving Offer of a Tax Assessment Agreement with Evergreen Medical Associates II LLC
WHEREAS, at the July 19, 2010 Regular Meeting a Resolution for a Proposed Tax Assessment Agreement with Evergreen Medical Associates II LLC (“Evergreen”) failed on a roll call vote of 3 to 4; and
WHEREAS, a new Request for Tax Abatement has been received that changes the amount of the abatements being offered; and
WHEREAS, the Town of South Windsor‘s Tax Partnership 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 retain and 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 Evergreen as an incentive to invest an estimated $6,100,000.00 in total costs, including land and building improvements, and to construct a new 29,500 square foot Class A Medial Office building at 2600 Tamarack Avenue in South Windsor (the land and building improvements collectively referred to as the “Real property”)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax assessment agreement between the Town and Evergreen reducing the amount of the estimated $4,270,000.00 real property assessment of the Real Property by 50% for a period of two (2) years and 30% for the following three (3) years, with an estimated tax benefit reduction of approximately $59,438.40 annually for the first two (2) years and then $35,663.04 annually for the remaining three (3) years, commencing with the Grand List following the date the Certificate of Occupancy is issued for the Real Property; provided, however, that if such assessment is changed by any future Town revaluation, the new assessed value of the Real Property shall be reduced by the percentage applicable to the year within the five (5) year period such
assessment is changed; and
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
BE IT FURTHER REOLVED that the South Windsor Town Council’s offer to Evergreen is conditioned upon Evergreen (1) meeting the estimated $6,100,000.00 construction cost figures and agreeing to the estimated assessment figure; and (2) continuing operations at the Real Property for a minimum of ten (10) years from the date the Certificate of Occupancy is issued: if Evergreen fails to meet either of these conditions, Evergreen shall refund the Town of South Windsor all of the tax benefit reductions it has received; and
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is contingent upon Evergreen’s execution of a written agreement reflecting the terms set forth in this Resolution and such other terms as the Town may require.
Was made by Councillor Bazzano
Seconded by Councillor Prague
Councillor Bazzano stated that the proposal that has come back to the Town Council is substantially less than the original request. This facility is a medical office building that if built in another location would have been given consideration for an abatement. One of the main concerns previously was that the building was already being constructed.
Councillor Bazzano then read a letter into the record from Thomas Pedrotty, 8 Cornfield Drive speaking in favor of this proposal.
Mayor Pelkey stated that Evergreen Medical Associates II LLC filed an application for a Tax Abatement Agreement on April 9, 2010. On May 26, 2010 Evergreen went before Economic Development Commission and their request was approved. This Tax Abatement never made it onto the Town Council agenda. Mayor Pelkey felt that this request fell through the cracks and the developer had a time table and needed to begin construction.
Answering questions from the Council, Mr. Sessions from Castle Corp. explained that construction was started because it was felt that procedures were followed and after a period of time construction had to begin because there were obligations that had to be met.
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
Councillor Hale stated that she would be voting in favor of this item and felt that the developer should not be punished because it was the Town’s fault this application was delayed.
Councillor Delnicki stated that Evergreen Medical Associates II LLC has done a wonderful job but at the July 19, 2010 meeting this item failed and the Council was told the construction of this building would not begin until the tax abatement was discussed and yet when this request came before the Town Council, construction had begun. There will be $225,000 that will need to be made up and will come from the taxpayers which should be taken into consideration. Doing business this way will set a new standard which could be dangerous and these are all the reasons Councillor Delnicki stated he would be voting against this item.
After looking at the history of this item, Councillor Yagaloff felt that the misunderstanding with construction beginning on this project before a decision on the abatement was made is not the fault of the developer, but of the Town. The application process was slowed down by the Town and he stated that he would be supporting this abatement request tonight.
Councillor Favreau felt that the developer should not be penalized and should be given this incentive in order to help fill this space. The Town will be able to collect taxes on personal property. Councillor Favreau stated she would be supporting this request.
Councillor Prague stated that a tax abatement incentive is to attract a business that would not come to Town, is in competition to go to another Town, or for a business to stay in Town. This incentive will allow tenants to keep the rents down a little bit and attract doctors and practices. Councillor Prague said he would be supporting this.
Mayor Pelkey felt that all times lines were met and the Town is trying to bring businesses in that will create other jobs. This development will also be a benefit to the resident of South Windsor and will bring future taxes to the Town. Mayor Pelkey stated he would be supporting this item.
(Resolution Continued on Next Page)
ITEM:
17. A. (Continued)
Mayor Pelkey called for a vote on this motion. The motion was approved on a Roll Call vote of 7 to 1 with Mayor Pelkey, Councillor Bazzano, Councillor Favreau, Councillor Hale, Councillor McCann, Councillor Prague and Councillor Yagaloff voting in favor of approval; and Councillor Delnicki voting against approval.
C. Resolution Accepting the Naming of Public Lands and Buildings Sub-Committee Recommendation to Name Major A Field at the Little League Complex the “Craig Pepin Memorial Field”
WHEREAS, at the September 7, 2010 Town Council meeting, the South Windsor Town Council approved a resolution directing the Naming of Public Lands and Buildings Sub-Committee, in consultation with the Park & Recreation Commission, to recommend an appropriate tribute to Craig Pepin by dedicating and naming of a youth sports field in his memory; and
WHEREAS, the Naming of Public Lands and Buildings Sub-Committee was also directed to report back to the Town Council their recommendation within 60 days of the September 7, 2010 meeting; and
WHEREAS, the Naming of Public Lands and Buildings Sub-Committee received input from the Parks & Recreation Commission as well as Little League Baseball and determined that all appropriate naming criteria have been met; and
WHEREAS, Craig Pepin had an extraordinarily positive impact on youth sports in South Windsor over the span of many years, which emphasized that sports can truly be enjoyed only when played with respect for other players, fans, officials and the rules of the game; and
WHEREAS, Craig Pepin was a beloved member of the youth sports community of South Windsor and was an exemplary volunteer coach, mentor and official for hundreds of baseball, softball and soccer players; and
WHEREAS, the outpouring of love, affection and appreciation by the people of South Windsor for Craig Pepin following his passing has been unprecedented in recent memory; and
(Resolution Continued on Next Page)
ITEM:
17. C. (Continued)
WHEREAS, many of the players, coaches and officials who benefitted from the presence of Craig Pepin are still involve din sports in South Windsor and in order to perpetuate the memory and fine example that he set for present and future generations, the Town Council felt it was important o commemorate his dedication without delay and before the present generation ends their involvement in South Windsor sports
NOW, THEREFORE, BE IT RESOLVED that the Naming of Public Lands and Buildings Sub-Committee recommends to the Town Council to name the Major A Field at the Little League Complex on Ayers road the “Craig Pepin Memorial Field”.
Was made by Mayor Pelkey
Seconded by Councillor McCann
Mayor Pelkey stated that on April 30, 2010 there will be a dedication ceremony at the field and a memorial wall will be constructed to recognize other notable individuals who have passed previously. At the closing of the season there will be a dedication to others who will be put on the memorial wall.
Councillor McCann stated that he can not think of a better tribute to Craig Pepin than to name a field after him.
Mayor Pelkey called for a vote on this motion; it was approved, unanimously.
6. Environmental Health & Safety Message
Councillor McCann informed the public and Council that November is American Diabetes Month. Anyone wanting more information should go onto the website www.diabetes.com.
ITEM:
7. Adoption of Minutes of Previous Meetings
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session of October 18, 2001; and Special Meeting of October 18, 2010.
Was made by Councillor Favreau
Seconded by Mayor Pelkey
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 Town Manager
Mr. Galligan reported on the following items:
- The presentation to the Town Council regarding Connecticut Studios which will be given on November 8, 2010 are recommendations which have been reviewed and negotiated by myself, Dan Marsh and the developers. The presentation will explain the process and reveal the financial information for the project. The Underwriters, Bond Counsel and Town Attorney will be at meeting on Monday night.
- Creating turf fields should be a decision the Town Council makes, not Capital Projects Committee. The Town Council will need to have a discussion whether a field at the High School should be done over with turf.
- The Old Post Office – the plan is to create a Regional Emergency Operation Center in this building. Presently the Town is seeking a Federal grant for approximately $1.5 million dollars and will seek future grants to try to not use taxpayer money for the improvements that will be necessary
ITEM:
10. Communications and Reports from Town Manager (Continued)
- The residents in the area of Lawrence Road Park wanted passive recreation in this area. When the road was worked on there was a staging area that was created in the park section and the Town now has a parking lot in that area. Trails in the area will be looked at and Ray Favreau and his crew have ideas to eliminate the invasive species.
Answering questions from the Council, Mr. Galligan stated that the Old Post Office building is not structurally unsound to his knowledge. The building needs to be built out in order for a certificate of occupancy to be issued.
Councillor Prague explained that the Town Council decided to buy the Old Post Office because it was cheaper to buy it then to keep leasing it. The building may need a lot of work, but it is in a great location for the Town to use it as an annex.
Mr. Galligan explained to the Council that the Purchase & Sales Agreement for Connecticut Studios was a taxable deal for the TIF financing when it was first negotiated. Since that time, items have changed and it is now a non-taxable deal. Mr. Galligan stated that in his opinion since terms in the Purchase & Sales Agreement have changed, the Town would not be held to those terms of the agreement. The non-taxable deal is used for public improvements and nothing else.
Councillor Bazzano requested for the Town Manager to provide the Town Coundil with the study done by the Attorney General’s Office regarding synthetic turf. Councillor Bazzano stated that one turf field would be suitable for the Town, but felt that lights would be necessary for the field if turf were installed. Mr. Galligan felt that a sub-committee should be established. Mr. Favreu is reviewing usage of fields with different sporting organizations in Town.
Mr. Doolittle, Town Engineer explained to the Council that Lawrence Road is being dug down to a suitable road base which will help improve the grade of the road and create proper drainage.
Councillor Yagaloff stated that he is in support of the Connecticut Studios project but would like all details of this project so he can decide if this project is an economically viable project.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Councillor Delnicki informed the Town Manager that when the presentation is done on November 8, 2010 he expects to have a presentation that shows what financial institutes have been secured. If this information can not be divulged in public view, it should be done in Executive Session. The financial information regarding TIF financing needs to be understood by the Council members as well as Town residents. Mr. Galligan explained that he felt some of the information will be able to be viewed publicly.
Councillor Delnicki then questioned the amount of $24,370 being used for the traffic calming measures provided on Sand Hill Road. Mr. Galligan stated that the $24,370 was the cost of traffic calming measure used on Sand Hill Road. Mr. Galligan then stated that he has heard positives and negatives regarding these measures and explained that these measures were wanted by the majority of the individuals at the public hearing.
Councillor Delnicki commented on the Old Post Office saying that he has been against the Town purchasing this property from the beginning but is glad no taxpayer dollars will be used for renovations.
Mayor Pelkey stated that the Connecticut Studios project has been being worked on for approximately three years. The Town and developers worked hard to make sure it is the best deal for everyone involved.
Councillor McCann felt that if the calming measures on Sand Hill Road work, they should be reviewed for other roads in Town.
Councillor McCann stated that the Town Council needs to see what the estimated tax assessment for the buildings being constructed for the Connecticut Studios project will be in order to determine how much debt service will be supported by those buildings. If those buildings are not built there will not be enough money to pay back the bonds.
Mayor Pelkey requested that the Town Manager get a legal opinion from the Town Attorney regarding the necessity of an 8-24 referral for the Bark Park.
11. Reports from Standing Committees
None
ITEM:
12. Reports of Temporary Committees
None
13. Communications and Petitions from Council
Councillor Favreau gave an overview of Diversity Day which was held on Saturday, October 30, 2010 from 12:00 p.m. to 4:00 p.m. which was sponsored by the South Windsor Human Relations Commission.
Councillor Yagaloff requested that issues surrounding the Bark Park be discussed further at a meeting in December. Councillor McCann stated that he would not support the expenditure of Town funds for alterations to the Bark Park, but would support moving parking to the interior of the park as well as adjustments to the handicap parking.
14. Public Participation
There will be a Special Meeting held on November 8, 2010 at 7:00 p.m.
15. Consent Agenda
None
16. Unfinished Business
None
17. New Business
B. Resolution to Acknowledge Kelly Road as a Town Road
WHEREAS, Kelly Road has been used as a Town road for many years and appears on a map of South Windsor originating from about 1869, but no evidence of Kelly Road being formally accepted by the Town has been found in the Town records; and
(Resolution Continued on Next Page)
ITEM:
17. B. (Continued)
WHEREAS, The Town of South Windsor wishes to formally acknowledge Kelly Road as a Town road and recognize the documented Right-Of-Way for Kelly Road as shown on a map titled, Right-Of-Way Plan prepared for Town of South Windsor, Kelly Road, South Windsor, Connecticut, by Design Professionals, South Windsor, CT, dated 12/29/09, scale 1 inch = 40 feet, sheets 1-3 of 4, which map shall be file din the Town Clerks office
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby acknowledges Kelly Road as a Town road and adopts the map listed above as the record survey of the Kelly Road Right-Of-Way.
Way made by Councillor McCann
Seconded by Councillor Bazzano
Councillor McCann stated that Kelly Road is a highly traveled road in South Windsor and look forward to Town approving this.
Answering questions from the Council, Mr. Doolittle who is the Town Engineer explained that there are no maps of Kelly Road and that is why this map has been created and has been brought before the Town Council for approval.
Answering Councillor Delnicki’s question, Mr. Galligan stated that the Town Attorney has reviewed this issue.
Mr. Doolittle stated that there are other roads in Town that will need to be accepted as a Town road by the Town Council.
Mayor Pelkey called for a vote on the motion; it was approved, unanimously.
- Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on the use of TIF Financing for the Connecticut Studios Project
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, November 15, 2010, 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 use of TIF Financing for the Connecticut Studios Project.
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
Was made by Councillor Delnicki
Seconded by Councillor Bazzano
The motion was approved, unanimously
18. Passage of Ordinance
None
19. Communications and Petitions from Council (Continued)
Mayor Pelkey apologized for losing his temper at the last Town Council meeting, however according to the Town Council Rules, meetings do end at 11:00 p.m.
Election day is tomorrow which marks the one year anniversary of being Mayor. Mayor Pelkey thanked the Town Council and stated he has appreciated all of the input by Council members.
20. Communications and Reports from Town Manager (Continued)
None
21. Executive Session
None
22. Adjournment
At 10:30 p.m. Councillor Delnicki made a motion to adjourn the Regular Meeting. Councillor Bazzano seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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