TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 April 4, 2011
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., and then recessed the Regular Meeting in order to finish the Work Session. The Regular Meeting reconvened at 8:13 p.m.
4. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Edward Havens
Councillor Saud M. Anwar
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
Dwight Johnson, Town Attorney
5. Public Input
Ms. Nancy Yario, 20 Andrusis Trail came before the Town Council. She stated that the Bark Park issue needs to be resolved and has been going on too long. To relocate the Bark Park should not cost between $125,000 to $150,000.
6. Environmental Health & Safety Message
Councillor Favreau stated that the Town held their first e-recycling and congratulated Fred Shaw on a successful event. There were 223 cars with items that filled four truck loads. This event was beneficial to the Town and cost the Town nothing.
Councillor Favreau then reminded residents that there will be a medication disposal day on April 30, 2011 at the Police Department.
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 March 7, 2011; Joint Work Session with WPCA of March 24, 2011; and Regular Meeting of March 7, 2011.
Was made by Councillor Yagaloff
Seconded by Councillor Bazzano
The motion was approved, unanimously
None
9. Communications from Officers and Boards Directly Responsible to Council
None
- Communications and Reports from Town Manager
Mr. Galligan stated that he would be comfortable holding another public hearing as suggested by Councillor Yagaloff and then stated that Attorney David Panico is here tonight to discuss the Special Service Ordinance.
Attorney David Panico came forward and explained that the Ordinance did not change significantly in substance from the previous version. Attorney Panico explained the reason behind the Ordinance and how it will work.
Answering questions from the Council, Attorney Panico explained that at first the taxes will be divided among undeveloped property. When the property is developed, taxes will be divided between property owners. If there is no retail, that property will pay undeveloped property taxes. This document does not discuss the roads being owned by the Town or having easements on them. Mr. Galligan explained that the decision of easements versus ownership will have to be made when the appraisal is complete. Ownership would create setback problems and that is why easements have been reviewed. Mr. Galligan said the decision would probably be his, but the issue will come back before the Council.
Attorney Panico explained that the Town will own the public improvements, the parking lot and have easements to the land. The district will levy taxes to maintain the parking lots. The Town controls the district also.
ITEM:
10. Communications and Reports from Town Manager (Continued)
The Council discussed further the Special District Ordinance. Mayor Pelkey stated that the district will not go forward unless the project goes forward. If the Town is not happy the way items are being maintained, the Town has control over the district and can impose a tax on the district to do certain repairs. Attorney Panico added that the tax would not be a burden on the residents of South Windsor.
Councillor McCann said that his concern is that the Town Council has no voice on the taxes levied. The taxes levied would be bound by the Board of Directors.
Mr. Galligan stated that he received the feasibility study and would distribute it to the Council once it is in final form.
Mayor Pelkey suggested that the Town Council hold a Work Session on April 11, 2011 to discuss the Ordinance further.
- Reports from Standing Committees
None
12. Reports of Temporary Committees
Mayor Pelkey requested that Council members review the Matching Mini-Grant application and procedure and discuss this item at a future Town Council meeting.
13. Communications and Petitions from Council
None
14. Public Participation
None
15. Consent Agenda
Councillor Anwar made a motion to approve agenda item 17. B and 17. C. as the Consent Agenda. Councillor Yagaloff seconded the motion; and it was approved unanimously.
ITEM:
- Resolution Appointing Adam Reed (D) an Alternate to the Inland Wetlands Agency/Conservation 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 appoints Adam Reed (D) an Alternate to the Inland Wetlands Agency/Conservation Commission for a term ending December 1, 2013 to fill the unexpired term of Kyle Zimmer and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
- Resolution Appointing Wayne McKinney (D) to the South Windsor Agricultural Land and 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 appoints Wayne McKinney (D) to the South Windsor Agricultural Land Advisory Commission for a term ending November 30, 2013 to fill the unexpired term of Clifford Slicer and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
16. Unfinished Business
A. Resolution Appointing Hugh Brower (D) to the Greater Hartford Transit District
BE IT RESOLVED that the South Windsor Town Council hereby appoints Hugh Brower (D) to the Greater Hartford Transit District for a term ending December 12, 2012.
Was made by Mayor Pelkey
Seconded by Councillor Yagaloff
The motion was approved, unanimously
ITEM:
17. New Business (Continued)
- Resolution Accepting the Resignation of Frank Bonzani (D) from the Public Building Commission
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Frank Bonzani (D) from the Public Building Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Frank Bonzani for the time he has dedicated to serving his community by his membership on the Public Building Commission.
Was made by Deputy Mayor Havens
Seconded by Councillor Yagaloff
The motion was approved, unanimously
D. Resolution Setting a Time and Place for a Public Hearing on the Installation of Sidewalks on Hayes Road
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, May 2, 2011, at 7:15 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 installation of sidewalks on Hayes Road.
Was made by Councillor Delnicki
Seconded by Mayor Pelkey
Mr. Jeff Doolittle, Town Engineer came before the Town Council and explained that Hayes Road is scheduled to be reconstructed this year. It was decided to install sidewalks on one side of the road. The State has mandated that the Town spend 1% of road funds for bikeways and sidewalks. Preliminary plans for the sidewalk have been drawn up on one side of the road and a public informational meeting for the resident on Hayes Road was held. Two residents came to the meeting and were shown the plans with the sidewalk on the north side of the road. Neither residents objected to the sidewalk on the north side of the road, but both live on the south side of the road. The Town prefers to install sidewalks on the north side of the road
(Resolution Continued on Next Page)
ITEM:
17. D. (Continued)
because there is more sun and it melts the snow and ice. In order for the sidewalk to be installed on the north side of the road three utility poles would need to be removed, two large trees and some smaller shrubs. There may not be enough right of way to install a sidewalk with a snow shelf so easements may need to be acquired. The Town has laid the sidewalk out on the south side to see the impacts. There is enough right of way but on the south side it would require taking out 10 trees and a hydrant would have to be relocated. All 28 property owners on Hayes Road were sent a letter with a preliminary sketch. They were asked which side of the road they would prefer a sidewalk. Eighteen residents responded with eleven preferring the south side and seven preferring the north side.
Mr. Doolittle stated that he is requesting the Council to hold a public hearing which is required prior to any decision being made. The Engineering Department will send notification of the public hearing to all 28 homeowners.
Answering questions from the Council, Mr. Doolittle stated that most responses are requesting the Town put the sidewalk on the opposite side of their property.
Councillor Yagaloff requested that the cost estimate be given to the Town Council prior to the public hearing because that may be a factor in the location of the sidewalk and Councillor Yagaloff stated he does not want controversy on the sidewalk being on a certain side when it may not be placed there.
Answering further questions from the Council, Mr. Doolittle stated that there will be a minimal cost for drawing up the plan with the sidewalk on both the north and south side of the road.
Councillor Delnicki stated that the Town will be asking residents to take on a burden they have never had before and he is not sure this will be a welcomed burden.
Deputy Mayor Havens agreed with Councillor Delnicki stating that shoveling of the sidewalks could be a large burden on some property owners.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
ITEM:
17. New Business (Continued)
E. Resolution Approving Offer of a Tax Assessment Agreement with South Windsor Medical Associates, LLC
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 South Windsor Medical Associates, LLC as an incentive to invest an estimated $3,250,000.00 in total costs, including land and building improvements, and to construct a new 15,800 square foot Class A Medical office building at 1559 Sullivan 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 South Windsor Medical Associates, LLC reducing the amount of the estimated $2,170,000 real property assessment of the Real Property by 50% for a period of five (5) years with an estimated tax benefit reduction of approximately $30,206.40 annually, 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
ITEM:
17. E. (Continued)
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer to South Windsor Medical Associates, LLC is conditioned upon South Windsor Medical Associates, LLC (1) meeting the estimated $3,250,000.00 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 South Windsor Medical Associates, LLC fails to met either of these conditions, South Windsor Medical Associates, LLC 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 South Windsor Medical Associates, LLC’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 Favreau
Seconded by Mayor Pelkey
Councillor Favreau stated that she is in favor of this resolution because it is bringing good business and services to the residents of South Windsor. Councillor Favreau acknowledged that this will bring approximately $40,000 in taxes to the Town.
Answering questions from the Council, Mr. Galligan stated that construction has not begun at this property. Councillor Delnicki explained that he has a problem when construction begins before the request for an abatement comes before the Town Council. Councillor Delnicki said he would be supporting this resolution.
Mayor Pelkey stated that this project will create approximately 25 to 30 jobs.
Deputy Mayor Havens felt this would encourage other businesses to move into Town and he would be supporting this resolution.
Mayor Pelkey called for a vote on the resolution; it was approved, unanimously.
ITEM:
17. New Business (Continued)
F. Resolution Authorizing Town Manager, Matthew B. Galligan to Enter into a Contract for the Demolition of a Collapsed Barn at the Nelson Property, 490 Deming Street and Waiving Competitive Bidding for this Process
WHEREAS, the Town purchased the Nelson Property located at 490 Deming Street in November of 2010; and
WHEREAS, during this past winter, the barn located at 490 Deming Street collapsed; and
WHEREAS, it has been determined that in order to provide safety to residents, this barn should be removed from the property as soon as possible; and
WHEREAS, if the Town were to go out to bid, it would take a few more months for the Town to clean up the collapsed barn
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into a contract for the demolition of the collapsed barn at 490 Deming Street and waives competitive bidding for this process.
Was made by Councillor McCann
Seconded by Councillor Delnicki
Mr. Galligan explained that the Town will still go out for quotes and will take the quote that is the lowest responsible quote. The Building Official said the firm that cleans up the barn has to be a firm that is an authorized demolition certificate holder.
Councillor Yagaloff abstained from this item.
Councillor Prague stated as long as the Town is going out for quotes he would support this item.
(Resolution Continued on Next Page)
ITEM:
17. F. (Continued)
Councillor Anwar stated he does not like the idea of not going through the competitive bidding process.
Mayor Pelkey called for a vote, it passed on a roll call vote of 8 to 0 with Councillor Yagaloff abstaining.
Councillor Yagaloff made a motion to add agenda Item 17. H. to the agenda regarding setting a public hearing for April 19, 2011 at 7:15 p.m. for an Ordinance Establishing “The Connecticut Studios Project Special Services District”. Mayor Pelkey seconded the motion; and it was approved, unanimously.
H. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on an Ordinance Establishing The Connecticut Studios Project Special Services District
BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, April 19, 2011, at 7:15 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 an Ordinance Establishing “The Connecticut Studios Project Special Services District”, a copy of which is on file in the Office of the Town Clerk.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
The motion was approved, unanimously
G. Discussion Item: Tax Abatement Agreement with Fed Ex Ground Packaging Systems Inc., (requested by Town Manager, Matthew B. Galligan)
Mr. Galligan stated that the Town Council members have received the agreement between the Town and Fed Ex Ground Packing Systems Inc., and should review it in order to discuss it further at the next Town Council meeting being held on Tuesday, April 19, 2011.
Councillor McCann requested that the Town Manager provide the Council with examples of track records of what has happened with other large projects of a similar nature that have a large shell and equipment in the building for a warehouse. The types of businesses are ones such as DST Output and Aldi’s.
ITEM:
18. Passage or Ordinance
A. Resolution Withdrawing Action on an Ordinance Establishing “The Connecticut Studios Project Special Services District”.
BE IT RESOLVED that the South Windsor Town Council hereby withdraws action on an Ordinance Establishing “The Connecticut Studios Project Special Services District”.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
The motion was approved, unanimously
19. Communications and Petitions from Council (Continued)
None
20. Communications and Reports from Town Manger (Continued)
None
21. Executive Session
None
22. Adjournment
At 9:05 p.m. the Regular Meeting was adjourned.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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