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Town Council Regular Meeting Minutes 4/19/2011
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  April 19, 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 Keith Yagaloff

Members Absent: Councillor Cary Prague

Also Present:           Matthew B. Galligan, Town Manager
                                Dwight Johnson, Town Attorney
                        
5.      Public Input

Mr. Craig Zimmerman, 5A Amato Drive came before the Town Council and stated that it was a great idea to combine the Parks Department and the Recreation Department.  There have been tremendous improvements to the fields and customer service.  Mr. Zimmerman then voiced his concern regarding the fee’s getting to high.

Ms. Nancy Yario, 20 Andrusis Trail stated that her husband and she have filed a complaint against the Town.  Ms. Yario stated that she has had problems with Town funds being used on the Bark Park and requested a copy of all of the figures on the costs associated with the park.

Mayor Pelkey requested that the Town Manager send Ms. Yario and the Council a spread sheet showing the expenses of the Bark Park to date.  Mr. Galligan stated that he would send the spread sheet to the Council.




ITEM:

5.      Public Input

Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated that he feels the feasibility study is one of the worst studies he has ever seen.  The percentages are incorrect and nobody proof read the document.

6.      Environmental Health & Safety Message

None

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 April 4, 2011; and Public Hearings of April 4, 2011 and April 13, 2011.

Was made by Councillor Yagaloff
Seconded by Deputy Mayor Havens
The motion was approved, unanimously

  • Public Petitions
None

9.      Communications from Officers and Boards Directly Responsible to Council

None

  • Communications and Reports from Town Manager
None

  • Reports from Standing Committees
None

12.     Reports of Temporary Committees

None



ITEM:

13.     Communications and Petitions from Council

Councillor McCann informed the Council that South Windsor Little League will be having their Opening Day on April 30, 2011 at 9:00 a.m. at the Little League Field.  There will be a field dedication ceremony for Craig Pepin.

Councillor McCann then explained that the Council had received a letter from Councillor Prague who is resigning from the Pension Committee and has requested that him and I swap memberships on the Pension Committee and the Insurance Control Commission. Mayor Pelkey said that would be fine.

14.     Public Participation

Mr. Roy Normen, 158 Homestead Drive came before the Town Council to request that Council members support the Resolution regarding the Scantic River Greenway Trail.

Ms. Cindy Beaulieu, 19 Cody Circle stated that she also feels the feasibility study was done poorly.  The study has not highlighted the worst case scenario.

15.     Consent Agenda

None

16.     Unfinished Business

A.      Resolution Appointing Adam Reed (D) an Alternate to the Inland Wetlands Agency/Conservation Commission

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.

Was made by Deputy Mayor Havens
Seconded by Mayor Pelkey
The motion was approved, unanimously




ITEM:

16.     Unfinished Business (Continued)

  • Resolution Appointing Wayne McKinney (D) to the South Windsor Agricultural Land and Preservation Advisory Commission
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.

Was made by Councillor Yagaloff
Seconded by Councillor McCann
The motion was approved, unanimously

17.     New Business

A.      Resolution Approving Offer of a Tax Assessment Agreement with FedEx Ground Packaging Systems Inc.

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 FedEx Ground Packaging System Inc. as an incentive to invest an estimated $25,000,000.00 in total costs including land and building improvements, and to construct a new 221,049 square foot to 304,249 square foot Shipping Distribution Center at 500 Sullivan Avenue in South Windsor (the land and building improvements collectively referred to as the “Real Property”)


(Resolution Continued on Next Page)




ITEM:

17.     A.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax assessment agreement between the Town and FedEx Ground Packaging System Inc. reducing the amount of the estimated $6,370,000 to $8,400,000 real property assessment of the Real Property by 70% for a period of seven (7) yeas with an estimated tax benefit reduction of approximately $126,368 to $166,640 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 evaluation, the new assessed value of the Real Property shall be reduced by the percentage applicable to the year within the seven (7) year period such assessment is changed; and

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer to FedEx Ground Packaging System Inc. is conditioned upon FedEx Ground Packaging System Inc. (1) meeting the estimated $25,000,000.00 construction cost figures and agreeing to the estimated assessment figure; and (2) continuing operations at the Real Property for a minimum of ten (10) yeas from the date the Certificate of Occupancy is issued; if FedEx Ground Packing System Inc. fails to meet either of these conditions, FedEx Ground Packaging System Inc. 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 FedEx Ground Packaging System Inc.’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 McCann
Seconded by Mayor Pelkey

Councillor McCann stated that this program has been used successfully for several years to attract and encourage businesses to locate to South Windsor or expand in South Windsor.  This project will bring additional tax revenues and additional jobs to the Town.


(Resolution Continued on Next Page)



ITEM:

17.     A.      (Continued)

Answering questions from the Council, Mr. Galligan stated that the Town has done everything possible to make this work.  The Board of Directors will make a decision in June.  The Town can not issue a building permit until the
State Traffic Commission has given approvals.  Ground work can be performed.

Mayor Pelkey stated that this project will bring jobs to the Town which is very important

Mayor Pelkey called for a vote on the motion; it was approved, unanimously.

  • Resolution Supporting the Scantic River Greenway Trail
WHEREAS, the citizens and the Town of South Windsor are working with the Scantic River Watershed Association to build a multi-use Greenway Trail system from the East Windsor Town line to the confluence of the Connecticut River Ferry Lane; and

WHEREAS, the Greenway will become part of a regional network of multi-use trails along the Scantic River in the Towns of Somers, Enfield, East Windsor and South Windsor; and

WHEREAS, the Greenway will permit citizens to enjoy some of the Northern Connecticut’s most beautiful scenery, participate in an active recreational area (water and trails), and be able to help protect and preserve the Scantic River’s important natural resources and wildlife environs; and

WHEREAS, the Greenway will permit children and adults to safely canoe, kayak, bike, walk, job, cross-country ski, fish and horseback ride along the Scantic River; and

WHEREAS, the Greenway will make a direct contribution to the citizens of Connecticut’s health and longevity by providing access to many outdoor activities and exercises, such a hiking and biking; and

(Resolution Continued on Next Page)

ITEM:

17.     B.      (Continued)

WHEREAS, the Greenway will provide citizens access to the rich historical, cultural, and wildlife resources of the Scantic River area; and

WHEREAS, the Greenway will provide students and outdoor classroom for the studying of watershed ecosystems, water quality monitoring and ecology; and

WHEREAS, the Greenway will enhance the local economy by attracting visitors and encourage participation in local events; and

WHEREAS, countless citizens, public officials and organizations express support for the Greenway and its development as a multi-use trail system

NOW, THEREFORE, BE IT RESOLVED that the Town of South Windsor, expresses strong support for the Scantic River Greenway Trail for the benefit of all citizens.

Was made by Councillor Favreau
Seconded by Councillor Anwar

Councillor Favreau stated that she would be supporting this resolution.  The greenway trail will provide access to the outdoors as well as protect the area.  

Mayor Pelkey called for a vote on the motion; it was approved, unanimously.

Mayor Pelkey then made a motion to Suspend the Rules in order to bring Item 18. A. forward.  Councillor Delnicki seconded the motion; and it was approved, unanimously.

18.     Passage of Ordinance

A.      Resolution Adopting an Ordinance Establishing “The Connecticut Studios Project Special Services District”

BE IT RESOLVED that the South Windsor Town Council hereby adopts an Ordinance Establishing “The Connecticut Studios Project Special Services District” a copy of which is on file in the Office of the Town Clerk.

(Resolution Continued on Next Page)

ITEM

18.     A.      (Continued)

Was made by Councillor Delnicki
Seconded by Mayor Pelkey

Councillor Delnicki said he would be supporting this resolution but requested that initials in the Ordinance be spelled out so that anyone who reads the Ordinance will know what everything means.

Councillor Anwar stated that the Town and Town Council have to take small risks and use our best interest to move this project forward.  

Councillor McCann stated that the feasibility study is crucial to those who buy bonds but should not be crucial in the decision of approving this Ordinance.  Until the majority of this project is built, the Town will not be able to collect enough tax revenue on this project and this Ordinance is specifically related to paying debt service on the bonds.  This Ordinance also gives the Town Council the ability to appeal the District by a further Ordinance.  Councillor McCann stated he would be supporting this Ordinance.

Councillor Yagaloff felt that the District has purpose which is being met by the Ordinance.  He stated he is not happy about losing control of the District because the District may have different opinions than this Council or future Councils.  Councillor Yagaloff also said he is not happy that the issue of easements versus ownership has not been resolved.  With all this said, Councillor Yagaloff said he would be supporting this Ordinance and wants to see this project move forward.

Councillor Delnicki stated he would be supporting this Ordinance because it is the only way the deal will work.  Councillor Delnicki then stated he would always welcome comments by the public and feels that people have the right to express themselves.

Councillor Favreau stated that she feels that comments from the public are welcomed but feels that the public should be respectful to the Town Council such as the Town Council should be respectful to the public.  Councillor Favreau then said that she feels the Ordinance is a good tax incentive which is bringing this business to South Windsor.  This project needs to be moved along.

(Resolution Continued on Next Page)

ITEM:

18.     A.      (Continued)

Deputy Mayor Havens said he would be supporting the Ordinance

Mayor Pelkey called for a vote on the Ordinance; it was approved, unanimously.

17.     New Business (Continued)

C.      Resolution Authorizing the Realignment of Accounts

WHEREAS, there is a concern that actual expenses will exceed the 2011 Adopted Budget because of economic conditions and costs associated with removing the  excessive amount of snow this past winter; and

WHEREAS, Matthew B. Galligan, Town Manager, instituted a spending freeze in February 2011 and reviewed capital projects to identify available balances; and

WHEREAS, as a result, several Town departments will not use all of the funds available in the 2010/2011 budgets; and

WHEREAS, a list of capital projects with available funds was compiled; and

WHEREAS, the Town wishes to realign budgets based on the need for financial resources

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the realignment of budgets as follows:

  • A transfer of $30,946 to the Parks Overtime budget and $11,782 to the Casualty and Liability Insurance budget for a total transfer of $42,728 from the Pension budget; and
  • A transfer of $16,886 to the Hydrants and Water Lines budget from the Workers’ Compensation budget; and
(Resolution Continued on Next Page)


ITEM:

17.     C.      (Continued)

  • A transfer of $35,195 to the Unemployment Compensation budget, $20,041 to the Social Security budget, and $39,292 to the Street Services Overtime budget for a total transfer of $94,528 from Contingency; and
  • A transfer of $30,000 to the Street Services Overtime budget from Salary Contingency; and
  • A transfer of $296,496 to various accounts listed on attached Exhibit A from capital project accounts listed on attached Exhibit B.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki

Councillor Bazzano noticed that the Town was able to find a lot of funds to cover the shortfall in the Public Works Department due to snow storms.  Councillor Bazzano requested that the Council keep in mind that fields in Town need to be addressed.

Councillor Anwar stated his concerns about moving funds from different account to other accounts.  

Mr. Galligan explained that how the money is transferred to different accounts in order to cover different accounts that are low on funds.

D.      Resolution Approving a Refund of Taxes to Twenty-Three (23) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to twenty-three (23) South Windsor Taxpayers, the total of said refund being $8,812.48, and as more fully described on attached Exhibit C.

Was made by Councillor Anwar
Seconded by Councillor Delnicki
The motion was approved, unanimously.

ITEM

17.     New Business (Continued)

E.      Discussion Item:  Connecticut Studios, Feasibility Study

None

19.     Communications and Petitions from Council (Continued)

None

20.     Communications and Reports from Town Manager (Continued)

None

21.     Executive Session

None

22.     Adjournment

At 10:50 p.m. Deputy Mayor Havens made a motion to adjourn the Regular Meeting.  Councillor McCann seconded the motion; and it was approved, unanimously.

Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council