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Town Council Regular Meeting Minutes 12/3/2012
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  December 3, 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 Kevin McCann
        Councillor Janice Snyder
        Councillor Keith Yagaloff

Members Absent: Councillor Edward Havens
                                Councillor Cary Prague

Also Present:           Matthew B. Galligan, Town Manager
                                Town Attorney Dwight Johnson
                                Town Attorney Kari Olson

After Roll Call was complete, Mayor Delnicki and Deputy Mayor Bazzano presented certificates to the South Windsor B Maroon Panthers Youth Football Team and coaches for winning the League Championship on November 18, 2012 against Glastonbury.

At 8:15 p.m. Mayor Delnicki recessed the Regular Meeting in order to finish the Work Session agenda.  The Regular Meeting was reconvened at 9:31 p.m.
5.      Public Input

None

6.      Environmental Health & Safety Message

Councillor Anwar informed the Council and the public that in December there is a concern of safe toys and safe gifts.  Any body wanting to see a list from the Consumer products Safety Commission should go to cpsc.gov.




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:  Regular Meeting of November 19, 2012.

Was made by Councillor Snyder
Seconded by Councillor McCann
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

11.     Reports from Temporary Committees

Councillor McCann reported that the Sidewalk & Bikeway Subcommittee has found that the reason residents do not want the installation of new sidewalks abutting their property is because of the liability of the homeowner to remove snow from the sidewalk after there is a storm.  There are members of the community that would not be able to complete this task.  Councillor Anwar has volunteered his time to reach out to the community to find out how many individuals would need assistance removing snow from their sidewalk and also to find volunteers who would be willing to remove the snow for these homeowners.

Councillor Anwar suggested that at the next Town Council meeting, staff from Human Service be available to discuss this item.

  • Consent Agenda
Councillor Anwar and Councillor Beaulieu made a motion to approve Agenda Items 13. A., through 13. E. as the Consent Agenda.  Councillor McCann seconded the motion; and it was approved, unanimously.


ITEM:

13.     Unfinished Business

* A.    Resolution Appointing Wayne McKinney (D) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby appoints Wayne McKinney (D) to the Demolition Delay Committee for a term ending December 31, 2014.

(Approved by Consent Agenda)

* B.    Resolution Appointing Walter Fitzpatrick (R) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby appoints Walter Fitzpatrick (R) to the Demolition Delay Committee for a term ending December 31, 2015.

(Approved by Consent Agenda)

* C.    Resolution Appointing Peter Jennings (R) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby appoints Peter Jennings (R) to the Demolition Delay Committee for a term ending December 31, 2016.

(Approved by Consent Agenda)


* D.    Resolution Appointing Lavina Wilson (R) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby appoints Lavina Wilson (R) to the Demolition Delay Committee for a term ending December 31, 2014.

(Approved by Consent Agenda)


ITEM:

13.     Unfinished Business

* E.    Resolution Appointing Arthur Utay (U) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby appoints Arthur Utay (U) to the Demolition Delay Committee for a term ending December 31, 2015.

(Approved by Consent Agenda)

 F.    Resolution Approving a Refund of Taxes to Forty-Three (43) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to forty-three (43) South Windsor Taxpayers, the total of said refund being $4,567.46, and as more fully described on attached Exhibit A.

Was made by Councillor McCann
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously

Deputy Mayor Bazzano made a motion to add an Agenda Item, 14. I., to the agenda and to Suspend the Rules in order to go to that item at this time.  Councillor McCann seconded the motion; and it was approved, unanimously.

14.     New Business

I.      Resolution Extending the Reverter Clause Deadline

BE IT RESOLVED that the Town of South Windsor and the South Windsor Redevelopment Agency, acting through their duly authorized officials, extend to April 3, 2013 the reverter deadline set forth in the fourth paragraph of a certain Statutory Form Quit Claim Deed to Connecticut Studios, LLC, dated October 26, 2009, and recorded at Vol. 2077, Page 183-184 on the land records of the Town of South Windsor, Connecticut; and

(Resolution Continued on Next Page)



ITEM:

14.     I.      (Continued)

BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute this date a Second Amendment to Quit Claim Deed in the form presented to the Town Council this date; and

BE IT FURTHER that Connecticut Studios, LLC be, and it hereby is, advised that, absent exceptional circumstances, the Town Council will provide no further extension of the reverter deadline unless, prior to the extension date provided for herein, Connecticut Studios, LLC:  (1) has provided the Council with a signed copy of a fully executed power purchase agreement with respect to the fuel cell array that is to be a part of the Project, (2) has provided the Council with documents in final form between Connecticut Studios, LLC and all entities, governmental or private, that commit those entities to provide funds for the Project, subject only to such contingencies and conditions as are satisfactory to the Town, (3) has secured all building permits from the Town that are necessary to commence construction of the studio buildings of the Project, and (4) provides weekly updates to the Town Manager and the Town’s consultant, National Development Council, throughout the extension period.

Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann

Councillor Yagaloff stated that he is in support of this project but will not support the extension of the reverter clause because he is concerned that this extension is going to work against the Town and allow the developer to undermine the reverter.  The Town will end up with a property that has been fully conveyed to the developer with no real development going on.  Councillor Yagaloff felt that the developer should give the Town a signed agreement on the reverter.  

(Resolution Continued on Next Page)

ITEM:

14.     I.      (Continued)

Mr. John Bassilakis, 220 Laurel Street came before the Council and stated that nothing has changed with the project and the Council is still allowing the developer a longer extension.  Mr. Bassilakis also felt that the developer should be removing the mortgage on the property and that would be showing a good faith effort

Attorney John Evans of Leech, Tishman in Pittsburgh, PA representing DCK came before the Town Council and stated that he would like to restate what he had said previously in the Work Session.

Mayor Delnicki called for a vote on the Resolution; it passed on a Roll Call vote of 6 to 1 with Councillor Yagaloff voting in opposition to approval.

Deputy Mayor Bazzano made a motion to Suspend the Rules in order to take up Items 13.H, 14. A. and 14. E. next.  Councillor McCann seconded the motion; and it was approved, unanimously.

13.     Unfinished Business

H.      Discussion Item:  ALS Ambulance Services (requested by Councillor Yagaloff)     

Councillor Yagaloff explained that this discussion item has been requested so that the Town Council can decide whether a policy should be adopted to establish advance life support ambulance support in the Town of South Windsor.  Councillor Yagaloff requested that if the Council is inclined, he would like a resolution at the next meeting to direct the Town Manager to create an RFP for full time advanced life support for the Town of South Windsor to be operated out of the Town’s current ambulance facility.  The residents of South Windsor deserve this type of service through the Ambulance Corp.  

Councillor McCann stated that he is in agreement with Councillor Yagaloff and feels like the size of the Town creates the necessity to have ALS level of service.  

Deputy Mayor Bazzano stated that he also supports this type of service coming to the Town.

Councillor Anwar, Snyder and Beaulieu all requested that this be put on the next agenda.

ITEM:

14.     New Business

A.      Resolution Approving an Annual Salary for the Registrars of Voters for Calendar years 2013 and 2014

WHEREAS, the Registrar(s) of Voters are elected positions, serving a four year term; and

WHEREAS, Registrar(s) of Voters rate of compensation is, by State Statute, to be paid by the municipality

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby stipulates that the annual compensation for the Registrar(s) of Voters shall be $33,704 each, effective January 1, 2013; and

BE IF FURTHER RESOLVED that their annual salary shall be increased to $34,378 effective January 1, 2014 through December 31, 2014 and that South Windsor Town Council shall review and address by Resolution the salary adjustment for the two-year period of 2013 and 2014.

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

E.      Resolution Approving a Refund of Taxes to Nine (9) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to nine (9) South Windsor Taxpayers, the total of said refund being $2,989.51 and as more fully described on attached Exhibit B.

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

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




ITEM:

14.     New Business

H.      Discussion Item:  Revaluation (Charlie Danna to be present)

Mr. Charlie Danna, Town Assessor came before the Town Council to discuss the revaluation.  Mr. Danna explained that the Assessor’s Office is in the middle of performing the revaluation.  The notices went out on October 23, 2012 and then over the 17 day period after that there were a number of taxpayers who called in for informal hearings.  The informal hearings were scheduled and there were approximately 205 appointments set up.  The Town has changed the company that is used for revaluations and also has changed software.  There were 92 reviews done where it is necessary to update information.  There were 12 hearings scheduled over the phone because those taxpayers could not make it into the office.  Of the 205 hearings, there were 16 taxpayers who did not show up and 51 that had no changes.  The hearings are now finished in a period of 3 ½ weeks later and the revaluation company is currently reviewing and updating the data that has been gathered.  The change notices are scheduled to be coming out on December 12, 2012 and taxpayers will receive results of their informal hearings at that time.  After all of this occurs, the real estate portion of the grand list will be finalized.  When all of the numbers for the personal property, motor vehicle and real estate are gathered, the Assessors Office will be able to explain where the grand list will be and what type of changes will be experienced.  Part of the informal hearings is to be made aware of errors, omissions and corrections.  While reviewing things, the revaluation company did find that there was an error in the adjustments for one-bedroom, single family homes and two-bedroom, single family homes.  As a result, the building values were way down.  Corrections will be sent out to those taxpayers.  

Answering questions from the Council, Mr. Danna stated that by statute there should be a signed grand list by the end of January.  There is an allowance to get an extension but it is hopeful that it will be done by the end of January.  Any taxpayer has the right to appeal their assessment each year.  The informal hearings are done to gather information.  The decision process is done through the Assessor’s Office together with the revaluation company.  The appeals process is normally informal before the grand list is signed.  Once the grand list is signed, the taxpayer has the right to appeal their assessment to the Board of Assessment

ITEM:

14.     New Business

H.      Discussion Item:  Revaluation (Charlie Danna to be present)

Appeals.  Once the Board of Assessment Appeal concludes their reviews and make their decision, they then sign based upon the decision they have arrived at.  The taxpayer then has a third step they could take which is a petition to the State Superior Court concerning their local assessment.  The Town has used five different applications for the letter notifications.  The letter used this year is a form that has been used throughout Connecticut and Massachusetts.  If there is going to be a change, a change notice is sent out to the taxpayer.

At 11:00 p.m. Councillor McCann made a motion to extend the meeting to discuss and vote on Item 14. B.  Councillor Snyder seconded the motion; and it was approved, unanimously.

B.      Resolution Authorizing the Town Manager to Apply For and Accept Grant Funds from the State of Connecticut Office of Policy and Management for the Purchase of Electronic recording Equipment

BE IT RESOLVED that the South Windsor Town Council hereby authorizes its Town Manager, Matthew B. Galligan, to sign and execute an application for grant funds in the amount of $21,529 offered through the State of Connecticut’s Police Video Equipment Technology program administered through the Office of Policy and Management.  Such funds are being made available in order to facilitate the Town’s compliance with the requirements set forth in Public Act 11-174, An Act Concerning the electronic Recording of Interrogations; and

BE IT FURTHER RESOLVED that the Town Manager, Matthew B. Galligan, is also authorized to sign and execute any other necessary documents associated with this grant on behalf of the Town of South Windsor.

Was made by Deputy Mayor Bazzano
Seconded by Councillor McCann
The motion was approved, unanimously




ITEM:

20.     Adjournment

Deputy Mayor Bazzano made a motion to adjourn the meeting at 11:05 p.m.  Councillor Snyder seconded the motion; and it was approved, unanimously.

Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council