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Town Council Regular Meeting Minutes 6/4/2012
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  June 4, 2012



TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall

1.      Call Meeting to Order

Mayor Delnicki called the Regular Meeting to order at 8:00 p.m.  

4.      Roll Call

Members Present:        Mayor Thomas Delnicki
        Deputy Mayor Gary Bazzano
        Councillor M. Saud Anwar
        Councillor Cindy Beaulieu
        Councillor Ed Havens
        Councillor Kevin McCann
        Councillor Cary Prague
        Councillor Janice Snyder
        Councillor Keith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

After the Roll Call was complete, Mr. Roger Anderson from the Patriotic Commission along with Mayor Delnicki presented certificates to the winners of the Essay Contest.  They were as follows:

Kindergarten through 2nd Grade
1st Place:  Michael Ngo, Second Grade, Orchard Hill Elementary School
2nd Place:  Meghan Serignese, Second Grade, Orchard Hill Elementary School
3rd Place:  Sophie Finer, First Grade, Wapping Elementary School

3rd Grade through 5th Grade
1st Place:  Kayla Brown, Fifth Grade, Pleasant Valley Elementary School
2nd Place:  Autumn Colburn, Fourth Grade, Philip R. Smith Elementary School
3rd Place:  Sierra Bowman, Fourth Grade, Wapping Hill Elementary School
3rd Place:  Grace Eaton, Third Grade, Pleasant Valley Elementary School

6th Grade through 12th Grade
1st Place:  Gabriella Silva, Seventh Grade, Timothy Edwards Middle School
2nd Place:  Mary-Kate Harper, Eighth Grade, Timothy Edwards Middle School
3rd Place:  Vivian Ngo, Sixth Grade, Timothy Edwards Middle School

                                



ITEM:

5.      Public Input    

Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and requested that residents listening to the Town Council meeting attend the Water Pollution Control Authority public hearing on Tuesday, May 5, 2012 at 6:30 p.m. in the Council Chambers.  The public hearing is regarding the setting of sewer user fees.
Mayor Delnicki recessed the Regular Meeting at 8: 25 p.m. in order to finish the Work Session.  The Regular Meeting reconvened at 8:30 p.m.

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 Meetings of May 7, 2012 and May 21, 2012; Special Meetings of April 30, 2012 and May 16, 2012; and Regular Meetings of May 7, 2012 and May 21, 2012.

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

  • Public Petitions
None

9.      Communications from Officers and Boards Directly Responsible to Council

None

10.     Reports from Standing Committees

None






ITEM:

11.     Reports of Temporary Committees

Deputy Mayor Bazzano informed the Council that the Athletic Fields Sub-Committee will be meeting on June 5, 2012 at 8:00 p.m. in the Madden Room.  The sub-committee has pricing on lighting and some of the field work.  Also, some of the design work has been completed of the corn field across the street from Ayers Road on Nevers Road.  The sub-committee will also be preparing to meet with the Board of Education on June 12, 2012 to discuss the plans for the Stadium Field.

Councillor McCann reported that the Sidewalk & Bikeway Sub-Committee will be meeting on June 12, 2012 at 7:15 p.m. in the Sprenkel Room.  At that meeting, the sub-committee will be reviewing the proposed map with priorities of sidewalks to be located throughout the Town.  The sub-committee has discussed the potential for sidewalks and bikeways on Avery Street.

Councillor Yagaloff stated that he thought the Sidewalk & Bikeway Sub-Committee was going to make recommendations as far as policies are concerned for current policies and how they might change.  Councillor Yagaloff stated that he is surprised that the sub-committee is coming up with recommendations of where sidewalks should be located.

Councillor McCann explained that the South Windsor Walk & Wheel Ways developed a master plan that was adopted and approved by the Town Council.  In the master plan a sidewalk plan throughout the Town with respect to some of the major roads in Town was included.  The Sidewalk & Bikeway Sub-Committee is now looking for a recommendation from the South Windsor Walk & Wheel Ways with respect to the priority of those sidewalks and in what order they should be built by the Town.  The recommendations from the Sidewalk & Bikeway Sub-Committee will come to the Town Council for approval.

Mayor Delnicki stated that his original legislative intent was to make the sub-committee a policy recommending committee.  That does not limit them from the opportunity to make their own recommendations.  The final decision will be made by the Town Council.

Councillor McCann felt that the charge of the sub-committee was to come up with recommendations for the implementation of the policy plan that had been adopted of the master plan of the development of sidewalks and bikeways throughout the Town.  The plan included the location of sidewalks throughout the Town but did not have any implementation mechanism in place.

ITEM:

11.     Reports of Temporary Committees (Continued)

Councillor Anwar added that the policy perspective is already been made by the Town Council when the master plan of the South Windsor Walk & Wheel Ways was adopted.  What is now needed is the implementation of the plan.  These issues will all be brought back to the Town Council.

Councillor Havens stated that the changes to the old Ordinances will be the beginning of the implementation.  

12.     Consent Agenda

Councillor Anwar made a motion to approve Agenda Items 13. A. through 13. B. and Items 14. A. through 14. B., as the Consent Agenda.  Councillor Havens seconded the motion; and it was approved, unanimously.

13.     Unfinished Business

* A.    Resolution Appointing James Throwe (D) an Alternate to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints James Throwe (D) an alternate to the Patriotic Commission for a term ending December 31, 2014 to fill the unexpired term of Daria Plummer.

(Approved by Consent Agenda)

ITEM:

13.     Unfinished Business

* B.    Resolution Appointing Daria Plummer (D) a Full Member to the Patriotic Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Daria Plummer (D) a full member to the Patriotic Commission for a term ending December 31, 2012 to fill the unexpired term of James Throwe.

(Approved by Consent Agenda)

14.     New Business

* A.    Resolution Reappointing Rabbi Jeffrey Glickman (D) to the Human Relations 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 reappoints Rabbi Jeffrey Glickman (D) to the Human Relations Commission for a term ending November 30, 2014 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

* B.    Resolution Appointing Tony Duarte (D) to the South Windsor Alliance for Families 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 Tony Duarte (D) to the South Windsor Alliance for Families for a term ending September 1, 2013 to fill an unexpired term and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

Deputy Mayor Bazzano made a motion to Suspend the Rules in order to bring Item 14. F. forward.  Councillor Snyder seconded the motion; and it was approved, unanimously.





ITEM:

14.     New Business (Continued)

F.     Resolution Approving a Transfer of $15,000 from the Contingency Account to the Fire Department

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $15,000 from the Contingency Account to the Fire Department to cover costs associated with the Fire Department’s 75th Anniversary.

Was made by Mayor Delnicki
Seconded by Councillor Havens

Mr. Kevin Cooney came before the Town Council and explained that a committee was formed and the Chairperson of that committee is Mr. Andrew Hildebrandt.  

Mr. Andrew Hildebrand came before the Town Council to explain what the 75th Anniversary entails and some of the activities that will be held, as shown in attached Exhibit A.  

Tom Perderzoli who is the Fund Raising Chairman explained that over the past year the Fire Department has tried to highlight that the 75th Anniversary celebration will be held in 2013.  There have been fund raising activities at the Wapping Fair and a Golf Tournament has also been held.  To date there has been approximately $25,000 raised.  Fund raising will continue

Mr. Scott Fine explained that another Golf Tournament will be held on Thursday June 28, 2012 at Topstone Golf Course.  Last year the total amount raised was approximately $14,000.  The cost is $150.00 to golf and have dinner.  If anyone does not want to play golf and just come to dinner that will cost $50.00.  

Mr. Cooney explained that in addition to celebrating the Fire Departments 75th Anniversary, South Windsor is also hosting the Statewide Fire Fighters Convention that is held in a different Town every year.  

Councillor Yagaloff explained that if more money is needed, the Fire Department will be coming back to the Town Council to request additional funds.  Councillor Yagaloff requested that there be no involvement with political parties in this 75th Anniversary.


ITEM:

14.     F.      (Continued)

Mayor Delnicki felt that these celebrations are an opportunity to show case South Windsor at a Statewide level.  This could be a good economic development tool in itself.

Mr. Don Gonsalves, 40 Bayberry Trail requested that the Fire Department disclose how much will be necessary for these celebrations.  Mr. Hildebrand explained that if there are any funds left over they will be returned to the Town.  

Mr. Cooney stated that these funds are not going to be used to make a profit for the Fire Department.  These funds will be used towards the celebration.  Any unused funds will be returned to the Town.

Councillor Prague suggested that the Fire Department publicize the event as well as the fund raising events to let all of the community know about these events.  

Mayor Delnicki called for a vote on this resolution; it was approved, unanimously.

C.      Resolution Funding the Town’s Share of the Reconstruction of Avery Street from Kelley Road to North of Woodland Drive

WHEREAS, the Town of South Windsor was awarded Federal and State funding under the Surface Transportation Program (STP-Urban) to reconstruct Avery Street (from Kelly Road to north of Woodland Drive); and

WHEREAS, on March 19, 2012 the South Windsor Town Council supported this project and stated it intends to fund the Town’s share of the Design, ROW acquisitions and Reconstruction of this section of Avery Street, that is estimated to be $327,000; and

(Resolution Continued on Next Page)


ITEM:

14.     C.      (Continued)

WHEREAS, on November 7, 2006, the residents of South Windsor approved the issuance of $10,000,000 in general obligation bonds to fund road and drainage improvements and the Town has issued such bonds; and

WHEREAS, the project to upgrade the drainage pipes at the intersection of Avery Street and Woodland Drive was included in the original list of bonded projects and this work will be included in the Reconstruction of Avery Street

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the use of $327,000 of the previously approved $10,000,000 of general obligation bonds to fund the Town’s share of the Design, ROW acquisitions, Permitting and Reconstruction of Avery Street from Kelly Road to north of Woodland Drive.

Was made by Councillor Prague
Seconded by Councillor McCann

Councillor Prague stated this will be a fantastic when it is reconstructed and suggested while the road is being reconstructed that a sign is put up on the stop signs to state the road is closed.  Councillor Prague said he would be supporting this resolution.

Councillor Yagaloff stated that this resolution is to make a commitment for the federal funding and the residents on Avery Street will still have an opportunity to give input into the location of sidewalks.

Mayor Delnicki requested that the final design be brought back to the Council for review, comment and approval.  Mayor Delnicki also requested a schedule of the work sessions that will be held with the residents be given to the Town Council members.

Councillor Havens stated that the Town Council is not approving the plan of the road, only the funding for the project.

Answering questions from the Council, the Town Engineer Jeff Doolittle explained that after all of the projects are complete there will be $33.00 left in the general obligation bond.

Mayor Delnicki called for a vote on the resolution; it was approved, unanimously.

ITEM:

D.      Resolution Approving Offer of a Tax Assessment Agreement with Buckland Commons LLC

WHEREAS, a Request for Tax Abatement has been received from Buckland Commons LLC, the owner of the property at 350 Buckland Road, South Windsor, CT.; 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, pursuant to said program, that a tax assessment agreement be offered to Buckland Commons LLC as an incentive to invest an estimated $3,989,500.00 in total costs, including land and building improvements, and to construct 2,000 square foot bank, retail/office building containing 7,720 square feet of retail on the first floor and 9,512 square feet of office on the second floor 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 Buckland Commons LLC reducing the amount of the estimated increase of $83,211.26 in real property assessment of the Real Property by 50% for a period of seven (7) years with an estimated tax benefit reduction of approximately $17,874.30 annually for seven (7) 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 assessment 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


(Resolution Continued on Next Page)


ITEM:

14.     D.      (Continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is conditioned upon Buckland Commons LLC (1) meeting the estimated $3,989,500.00 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 Buckland Commons LLC fails to meet either of these conditions, Buckland Commons 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 Buckland Commons LLC 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 Anwar
Seconded by Councillor Havens

Mr. Galligan explained that the owner is required by the WPCA to bring the sewer line up to the next property so therefore that will help the next development going forward.  That is an added cost to the individual which they have agreed to do.  The Town has never done tax abatements for retail, so the retail portion had to be broken out from the project.  The total tax bill is $83,000 but the only point of abatement is $17,000 that is related to the actual businesses which is the bank and the offices.

Answering questions from the Council, Mr. Galligan explained that the property is on the corner of Deming Street and Buckland Road.  This development may help to get the east side of Buckland Road developed.  The property has wetlands in the rear of the lot and adjustments have had to be made for that.  The office space that is being proposed is Class A.  Farmington Bank is the bank that will be going into the development which will create employment.  The bank will generate traffic to the area and may help to produce future interest in South Windsor.  The whole idea of having the bank is that it could bring other businesses into Town.  At this time the bank will be built in Phase I.  The rest of the development will be built in Phase II.  If an office is not being rented, the Tax Assessor gives a vacancy rate for taxes until there is a renter.  

ITEM:

14.     D.      (Continued)

Councillor Yagaloff stated that tax abatements are necessary right now because of economic times.  During good economic times Councillor Yagaloff said he would not be in favor of tax abatements.  

Councillor Havens said he would support the resolution because it is the only way construction will begin in the community.  

Mr. Galligan explained that the Town will receive other fees such as building fees.  

Mayor Delnicki stated that unfortunately tax abatements are a necessary evil in these tough economic times.  Tax abatements are something communities have to utilize to get businesses into Town.  

Councillor Anwar said that he fully supports economic development especially if there is employment opportunity or something that will provide more opportunities to South Windsor.  Councillor Anwar stated he would not be able to support this tax abatement.  

Councillor Prague stated that this is cash flow positive and is grand list positive.  Mr. Galligan answered that yes it is because this property does not generate any taxes at this time because it is under a 490 program and has been there for years.  This tax abatement allows the Town to get building fees and new generated tax revenue.  If the Town did not offer this tax abatement, this business would have gone to another community.  

Mayor Delnicki informed the Town Council that Councillor McCann has recused himself on this resolution.

Mr. Don Gonsalves, 40 Bayberry Trail questioned if the Town follows up to make sure all of the conditions in the tax abatement agreements are being met?  Mr. Galligan explained that the Town has been very fortunate and has never been put into that situation.  The Assessor does keep track of every business that gets a tax abatement and what their obligation is.  The Assessor makes sure those obligations are being met each year.  

ITEM:

14.     D.      (Continued)

Mayor Delnicki called for a vote on the resolution; it passed on a Roll Call Vote of 7 to 1 with Mayor Delnicki, Deputy Mayor Bazzano, Councillors Beaulieu, Havens, Prague, Snyder and Yagaloff all voting in favor of the resolution; Councillor Anwar voted against the resolution; and Councillor McCann recused himself.

E.      Resolution Approving Transfer of Funds from Town Owned Open Space Land Leases to a Newly Created Open Space Maintenance Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of any funds generated as a result of leasing Town owned open space land for agricultural use into a new account named Open Space Maintenance Account; and

BE IT FURTHER RESOLVED that the Conservation Commission will be responsible for the administration of these funds; and

BE IT FURTHER RESOLVED that these funds will not be put into the newly created account until July 1, 2012.

Was made by Councillor Havens
Seconded by Councillor Yagaloff

Councillor Havens stated that he feels this is a good idea and would support this resolution.

Councillor Yagaloff said he would like to make sure that this resolution will not replace the Town’s current responsibility to maintain open space.  This will be supplemental money that will supplement the work being done in open space but is not meant to be a fund that will replace the maintenance that is currently done by Park s& Recreation Department.

Mayor Delnicki called for a vote on the resolution; it was approved, unanimously.


ITEM:

14.     G.      Discussion item:  Capital Projects (requested by Councillor Snyder)

Councillor Snyder requested that this item be postponed until the next meeting because she is still gathering information from many different sources.

15.     Passage of Ordinance

None

16.     Public Input

None

17.     Communications and Petitions from Council

        Councillor Anwar explained that he would like the Town Council to discuss having the pharmacies in Town relocate the cigarettes in their stores or ban them from their stores.

Mayor Delnicki stated that he received a letter from Edward Parciak requesting the Town Council provide additional help to seniors regarding taxes.  Mayor Delnicki requested that the Town Manager review this issue to see if the State law allows any additional help to seniors on their taxes.

  • Communications and Reports from Town Manager
Mr. Galligan informed the Town Council that he would like to request an additional item in the Executive Session which would be a settlement of a law suit.

19.     Executive Session

At 9:59 p.m. Deputy Mayor Bazzano made a motion to go into Executive Session to discuss documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. §1-200(6) and 1-210(b)(5)(B) regarding The Connecticut Studios project, and to discuss pending claims and litigation.  Councillor Snyder seconded the motion; and it was approved, unanimously.

ITEM:

19.     Executive Session

Those who went into Executive Session were as follows:  Town Manager Matthew B. Galligan, Mayor Delnicki, Deputy Mayor Bazzano, Councillors Anwar, Beaulieu, Havens, McCann, Prague, Snyder and Yagaloff.

At 10:34 p.m. Councillor Anwar made a motion to adjourn the Executive Session.  Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.

20.     Adjournment

At 10:35 p.m. Councillor Snyder 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