TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 March 21, 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.
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
Mayor Pelkey presented a proclamation to Wood Memorial Library for their 40th Anniversary. Representative Aman presented a citation also.
Mayor Pelkey then thanked Roseanne Sapula for her contributions to the Penguin Plunge which is an event held to raise funds for Special Olympics. Mayor Pelkey also thanked the sponsors and Agent Ron Littell.
5. Public Input
None
6. Environmental Health & Safety Message
Councillor Favreau announced that there would be e-recycling (electronic recycling) program held on March 26, 2011 from 8:00 a.m. to 1:00 p.m. in the rear parking lot of the Town Hall.
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; and Regular Meeting of March 7, 2011.
Was made by Councillor Yagaloff
Seconded by Mayor Pelkey
Mayor Pelkey then made a motion to postpone making a decision on the minutes until the April 4, 2011 meeting. Councillor Delnicki seconded the motion; and it was approved, unanimously.
None
9. Communications from Officers and Boards Directly Responsible to Council
None
- Communications and Reports from Town Manager
Town Manager, Matthew Galligan introduced Attorney Dave Panico from Robinson & Cole who would be updating the Town Council on the Connecticut Studios project.
Attorney Panico explained that the main agreements that are being reviewed presently are the Special Services District Ordinance which is expected to be adopted at the next Town Council meeting. It has been decided to impose two separate taxes in the Special Services District Ordinance. One tax will be specifically pledged for the repayment of the bonds if necessary. The second tax would be for other kinds of services that would be performed in the district such as snow plowing, landscaping, etc. Both these methodologies need to be attached to the Special Services District Ordinance as exhibits. Other major agreements that are being worked on are the Development Agreement which is an agreement between the Town and the Connecticut Studios to develop the public improvements that are going to be
developed which are mainly the parking areas, the sewer lines and all of things that are included in the budget that have been negotiated to this point. Another agreement being drafted is the Service Contract. Services such as tax collection, record keeping, budgeting, etc. are
ITEM:
10. Communications and Reports from Town Manager (Continued)
items that will be included in the Service Contract. Other agreements will be drafted as soon as the Feasibility Study and Appraisal are complete.
Mr. Galligan explained to the Council that the Town is using the value of the land to be used to finance public improvements. Mr. Galligan then updated the Council that Mr. Ramiro Albarran and Mr. Jeff Hyman who were with Stone & Youngberg have accepted positions with Guggenheim Partners. They will continue with the underwriting with this other company.
Answering questions from the Council, Attorney Panico explained that the plan currently is to have things like landscaping, plowing and maintenance be done by the developer for free in the district. The Town is going to be building the public improvements for the district with the tax money that will be generated from the bonds. The Town will also be assisting with budgeting, tax billing, tax collection and assisting with hold public hearings that the district needs to have under the statutes, all for a fee. Requirements under the Developmental Agreement will be that before the bonds are issued the Town will get a guaranteed maximum price contract with the Construction Manager for all of the public improvements. If the price comes back lower then what was budgeted, then the bond issue will be
re-sized to provide only the amount needed of the bond process for that construction account.
Council members discussed permanent easements versus ownership of the land. Attorney Panico stated that utilizing the easements is helpful because it won’t require certain setbacks within the district. Councillor Yagaloff felt that ownership of the land may be a better approach because of issues that could happen with bankruptcy; however it may make a lot more sense for the Town to go by easements because it would reduce the bond costs a lot and that would eventually mean that the Town would get tax revenue sooner.
Answering further questions, Attorney Panico explained the prospectus will contain numerous sections where it is stated that the Town bears no liability for anything said within the Feasibility Study or Appraisal which will be appendixes to the prospectus. Attorney Panico then explained that if the Town Council votes to form the district, the Ordinance does not take effect at all if the bonds are not issued. The developer will be doing engineering for both the private improvements and the public improvements at the same time. There will probably be two different agreements but will be using the same servicers and providers.
ITEM:
10. Communications and Reports from Town Manager (Continued)
Mr. DelVicrio from Halden Acquisition Group, LLC came before the Town Council and stated that there is a hotel developer for the project and there is a development agreement with the hotel developer. There are two different hotel chains that are being looked at and a decision should be made within 30 to 45 days. There have been preliminary discussions with restaurant tenants and there are two other major tenants that are interested in doing something within this project. Marketing studies are being done right now before the next steps are taken. Connecticut Studios has been negotiating a major acquisition in the area for a building and property that will be added to the project. An announcement should be made within the next ten days.
Councillor Delnicki requested that the PLA agreement be sent to the Council for review.
Council members then discussed in length the tax credits from the State of Connecticut. Mr. DelVicario stated that Connecticut Studios would not spending money or negotiating buying major pieces of property in the area if we were not sure that the tax credit program is solid. Building permits will be taken out at the time of closing.
Council members then discuss the sewer break on Chapel Road; and a sewer backup on Sullivan Avenue by Rockville Bank. Councillor Yagaloff requested that the Town Council get reports when there are major sewer backups.
Answering questions, Mr. Galligan explained that the Town has been talking about backwater valves that would prevent the sewerage from coming into the basement of property owners. The Town would notify the property owners but may want to go in 50/50 with businesses. The Town is looking to draft a policy.
- Reports from Standing Committees
None
12. Reports of Temporary Committees
None
ITEM:
13. Communications and Petitions from Council
Councillor McCann announced that there is going to be a Joint Work Session between the WPCA and the Town Council on Thursday, March 24, 2011 at 7:00 p.m. in the Madden Room.
Councillor Delnicki read an e-mail into the record from Mr. Kevin Minguy suggesting that the Town Council look at using the old firehouse as an animal shelter.
14. Public Participation
None
15. Consent Agenda
None
16. Unfinished Business
None
17. New Business
A. Discussion Item: Tax Abatement Agreement with South Windsor Medical Associates, LLC (Requested by Town Manager, Matthew B. Galligan)
Mr. Galligan explained that this group had come to the Town some time ago.
Councillor Yagaloff called for a point of order stating that he would caution against making recommendations or talking about pros and cons of the particular proposal and feels the Town Council should go into Executive Session.
Mr. Jay Morris, Manager of South Windsor Medical Associates came before the Council and explained that there have been two projects similar to this project. One in Enfield which opened in December of 2010 and the other in Wethersfield which opened in February of 2010. This project is an expansion from out of Town groups which will be a new business as well as new jobs in South Windsor.
ITEM:
17. A. (Continued)
Council members discussed the personal property associated with this project.
Answering questions from the Council, Mr. Morris explained that this is an overlay zone. The idea in this zone is to have cross easements with neighboring properties. There will be access onto the property from Sullivan Avenue, but exiting there will only be a right hand turn. The cross easement will allow exiting from Ellington Road where taking a left will be allowed.
The building is a two story 16,000 square foot building. Primary care will be the bulk use of the building but other medical care may also be provided such as x-rays, physical therapy, blood lab, etc. Mr. Morris stated that the tenants may have done a study to find out if this location was appropriate for this use.
B. Discussion Item: Greater Hartford Transit District Ordinance Proposal (Requested by Mayor Pelkey)
Mayor Pelkey explained that approximately 1 ½ months ago he received a communication from the Democratic Town Committee requesting to seat a member on the Greater Hartford Transit District. The Town can now have two members appointed to the Hartford Transit District because there are over 25,000 in South Windsor’s population as shown in the census. Mayor Pelkey is suggesting that the Hartford Transit District consist of two members with one member being Republican and the other member being Democratic. Mayor Pelkey stated that he would like an Ordinance drafted in the future for the Hartford Transit District in order to have a formalized process for the Greater Hartford Transit District.
ITEM:
17. New Business (Continued)
C. Resolution Appointing Hugh Brower (D) to the Greater Hartford Transit District 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 Hugh Brower (D) to the Greater Hartford Transit District for a term ending December 12, 2012 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
Was made by Mayor Pelkey
Seconded by Councillor Anwar
The motion was approved, unanimously
D. Resolution Accepting the Resignation of Kyle Zimmer (D) an Alternate to the Inland Wetlands Agency/Conservation Commission
BE IT RESOLVED that the South Windsor Town council hereby accepts with regret, the resignation of Kyle Zimmer (D) an Alternate to the Inland Wetlands Agency/Conservation Commission, said resignation to be effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Kyle Zimmer for the time he has dedicated to serving his community by his membership on the Inland Wetlands Agency/Conservation Commission
Was made by Councillor Anwar
Seconded by Councillor Delnicki
The motion was approved, unanimously
ITEM:
17. New Business (Continued)
E. Resolution Setting a Time and Place for a Public Hearing on the Proposed General Government Budget for Fiscal Year 2011/2012
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 25, 2011, at 7:00 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 proposed General Government Budget for Fiscal Years 2011/2012.
Was made by Councillor Bazzano
Seconded by Councillor Delnicki
The motion was approved, unanimously
F. Resolution Setting a Time and Place for a Public Hearing on the Proposed Board of Education Budget for Fiscal Year 2011/2012
BE IT RESOLVED that the South Windsor Town Council hereby sets Wednesday, April 13, 2011, at 7:00 p.m., Timothy Edwards Middle School, Room Alt. #6, 100 Arnold Way, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the proposed Board of Education Budget for Fiscal Years 2011/2012.
Was made by Deputy Mayor Havens
Seconded by Councillor Anwar
The motion was approved, unanimously
G. Resolution Setting a Time and Place for a Public Hearing on the Proposed Water Pollution Control Authority Budget for Fiscal Year 2011/2012
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 25, 2011, 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 proposed Water Pollution Control Authority Budget for Fiscal Year 2011/2012.
Was made by Councillor Delnicki
Seconded by Councillor McCann
The motion was approved, unanimously
ITEM:
17. New Business (Continued)
H. Resolution Authorizing Town Manager, Matthew B. Galligan to Enter into a Technology Services Agreement with the Town of Coventry for Information Technology Services
WHEREAS, Coventry has a need for certain information technology services for the operation of its governmental functions; and
WHEREAS, Coventry does not have the technical systems and personnel in-house necessary to implement a comprehensive information technology system; and
WHEREAS, South Windsor has the technical systems and personnel to provide Coventry with the information technology services Coventry desires; and
WHEREAS, South Windsor and Coventry desire to reduce/maintain costs through regional collaboration; and
WHEREAS, Coventry would like to utilize the expertise of certain South Windsor personnel and South Windsor is willing to make those personnel available to Coventry for a fee; and
WHEREAS, South Windsor and Coventry would like to set forth its agreements and understandings in writing, as shown I attached Exhibit A
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to enter into a Technology Services Agreement with the Town of Coventry for information technology services.
Was made by Councillor Favreau
Seconded by Councillor Delnicki
Councillor Favreau stated that there is a note on Exhibit A that should be removed and then questioned how an average of 8 hours per week South Windsor will service Coventry was determined.
ITEM:
17. H. (Continued)
Mr. Galligan explained that certain hardware will be installed at Coventry’s cost and the server will be kept in South Windsor. When an individual in Coventry runs into any problems with their computer, they will contact the Information Technologies Department in South Windsor through the help desk. At that point the Information Technologies Department will receive the help desk and will remotely connect to that individual’s computer to figure out the problem. Information Technologies has anticipated 8 hours per week they will be working on Coventry’s issues, but there also may be weeks where there are no calls.
Answering further questions from the Council, Mr. Galligan stated that the fee being charged of $30,000 per year was based upon how many hours Information Technologies is anticipating on working with Coventry as well as figuring benefit costs for South Windsor employees. If hours go above and beyond the anticipated hours, Coventry will be billed. If South Windsor is called in for an emergency, the cost is $100.00 per hour. It is understood that South Windsor items will take priority and Coventry items will be second priority.
Councillor Anwar stated he likes this concept and feels regional collaboration could help with the budget.
Councillor McCann stated he does not understand how South Windsor could provide 8 hours of service per week without adding additional staff.
Mr. Galligan explained that South Windsor has done a trial run with Coventry over a period of time and has found this to work with the present staff. Information Technologies feels this is an opportunity to have a relationship with Coventry and devise a way to generate revenues for the Town of South Windsor. The funds go into the general fund. After doing this for one year, it may be found that South Windsor will need to raise the rate for this support, but if South Windsor charges Coventry an hourly rate that it would cost South Windsor, they might as well go to a private company.
Mayor Pelkey made a motion to delete the note on Exhibit A. Councillor Favreau seconded the motion; and it was approved, unanimously.
Mayor Pelkey stated that within the agreement between South Windsor and Coventry, either party may terminate this Agreement prior to the end of the
ITEM:
17. H. (Continued)
term without cause upon thirty (30) days written notice to the other party. Coventry’s Town Council has already approved this agreement and Mayor Pelkey felt this was a good opportunity to try regional collaboration.
Deputy Mayor Havens stated he would support this and felt the Town Council should encourage this kind of cooperation between communities.
Councillor Favreau congratulated the Information Technologies Department for coming up with a creative idea and also generating a little cash flow at the same time.
Councillor Delnicki felt that if employees are doing projects that are outside their normal working hours, they should get compensated for it even if they are salaried employees.
Councillor Prague requested that the Town monitor this program because he feels $30,000 is not enough to handle Coventry’s IT Department.
Mr. Galligan stated the Town of South Windsor could draft something internally so that South Windsor employees can’t take positions in other Towns who are contracting services from South Windsor.
Mayor Pelkey called for a vote on the Resolution; it was approved, unanimously.
I. Resolution Approving a Refund of Taxes to Ten (10) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to ten (10) South Windsor Taxpayers, the total of said refund being $2,821.53, and as more fully described on attached Exhibit B.
Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously
ITEM:
18. Passage or Ordinance
A. Resolution Adopting an Ordinance Establishing “The Connecticut Studios Project Special Services District”.
BE IT RESOLVED that the South Windsor Town Council hereby postpones adoption of an Ordinance Establishing “The Connecticut Studios Project Special Services District” to the April 4, 2011, a copy of which is on file in the Office of the Town Clerk (Continued from the March 7, 2011 meeting)
Was made by Councillor McCann
Seconded by Mayor Pelkey
The motion was approved, unanimously
19. Communications and Petitions from Council (Continued)
Mayor Pelkey announced that the South Windsor Voices will be unveiling a book of poems written by South Windsor residents on Sunday, March 27, 2011 at the South Windsor Public Library in the Friends Room.
20. Communications and Reports from Town Manger (Continued)
None
21. Executive Session
At 10:33 p.m. Mayor Pelkey made a motion to go into Executive Session to discuss a possible tax assessment agreement for Fed Ex which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to Connecticut General Statues § 1-210(b)(1) and § 1-210(b)(5)(B); potential litigation regarding the Bark Park; and potential litigation regarding open space at the corner of Cornerstone Drive, Councillor McCann seconded the motion.
Councillor Delnicki requested to also add a discussion regarding the potential tax agreement with South Windsor Medical Associates which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to Connecticut General Statues § 1-210(b)(1) and § 1-210(b)(5)(B). Councillor McCann seconded the addition; and the motion was approved, unanimously.
ITEM:
21. Executive Session (Continued)
The following individuals went into Executive Session: Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Anwar, Councillor Delnicki, Councillor Favreau, Councillor Prague, Councillor McCann, Councillor Yagaloff, and Town Manager Matthew B. Galligan.
22. Adjournment
At 11:10 p.m. Mayor Pelkey made a motion to adjourn the Executive Session and Regular Meeting. Councillor McCann seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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