Town of South Windsor, CT Agendas & Minutes Archive - Town Council Regular Meeting Minutes 4/1/2013

Town Council Regular Meeting Minutes 4/1/2013

TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1 April 1, 2013

TOWN COUNCIL – Regular Meeting

Council Chambers – South Windsor Town Hall

1. Call Meeting to Order

Mayor Delnicki called the Regular Meeting to order at 8:05 p.m. and then recessed the Regular Meeting in order to finish the Work Session. The Regular Meeting reconvened at 9:11 p.m.

4. Roll Call

Members Present: Mayor Thomas Delnicki

Deputy Mayor Gary Bazzano

Councillor M. Saud Anwar

Councillor Cindy Beaulieu

Councillor Edward Havens

Councillor Kevin McCann

Councillor Cary Prague

Councillor Janice Snyder

Councillor Keith Yagaloff

Also Present: Matthew B. Galligan, Town Manager

5. Public Input

Mr. Mike Sullivan, 24 Jared Court came before the Town Council stated that departments have had humble requests which need to be addressed and then questioned the way the Town has been doing businesses with regards to tax abatements and dealing with the South Windsor Ambulance. Mr. Sullivan then stated he feels a resolution should be voted on by the Council that a 63-20 Corporation or a 5013C Corporation will require a referendum from the voters on whether to go forward. The Connecticut Studios project has not gone any further then the last time an extension was given to them. Mr. Sullivan stated he would like to know how much money the Town has spent on this project.

Ms. Mary Etter, Director of the South Windsor Public Library came forward to remind the Town Council and public about the invitation to attend two more Pops Concerts in the season. There will be a concert on April 13, 2013 at 7:30 p.m. and April 27, 2013 at 7:30 p.m.

6. Environmental Health & Safety Message

None

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 Minutes of March 4, 2013; Special Work Session Minutes of February 25, 2013 and March 20, 2013; Regular Meeting Minutes of March 4, 2013; and Special Meeting Minutes of March 20, 2013.

Was made by Councillor Anwar

Seconded by Councillor Snyder

Councillor Anwar stated that on the March 4, 2013 Regular Meeting minutes, page 6, there is discussion between Mr. Galligan and Mr. Gonsalves and there is a mistake where Mr. Galligan’s name is used instead of Mr. Gonsalves which should be changed.

Mayor Delnicki called for a vote on the Minutes; they were approved with the change referenced above unanimously.

8. Public Petitions

None

9. Communications from Officers and Boards Directly Responsible to Council

None

10. Reports from Standing Committees

None

Reports of Temporary Committees

None

12. Consent Agenda

None

ITEM:

13. Unfinished Business

A. Resolution Appointing Carolyn Carey (R) an Alternate to the Board of Assessment Appeals

BE IT RESOLVED that the South Windsor Town Council hereby appoints Carolyn Carey (R) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2014 to fill an unexpired term of Teri Dickey-Gaignat.

Was made by Councillor McCann

Seconded by Deputy Mayor Bazzano

The motion was approved, unanimously

14. New Business

A. Resolution Authorizing the South Windsor Insurance Control Commission to Meet on a Quarterly Basis

WHEREAS, the Insurance Control Commission presently meets once a year; and

WHEREAS, the South Windsor Town Council feels that based on the information and the amount of information that this Commission reviews, the Commission should meet on a quarterly basis; and

WHEREAS, the Insurance Control Commission will continue to review liability insurance, auto insurance, property insurance, workers’ compensation insurance, health insurance claims and health insurance stop loss limits

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Insurance Control Commission to meet on a quarterly basis rather than once per year.

(Resolution Continued on Next Page)

ITEM:

14. A. (Continued)

Was made by Councillor Prague

Seconded by Deputy Mayor Bazzano

Councillor Prague stated that he feels the Town should be reviewing health claims and the stop loss numbers with the Pension Commission. It was suggested by an individual that the Insurance Control Commission already takes care of those items, but that Commission only meets once per year. This resolution is proposing for the Insurance Control Commission to meet on a quarterly basis and then report back to the Town Council.

Councillor Anwar explained that this is an item that has been increasing on both the Board of Education side as well as the Town side. The Town Council needs to find a strategy on how to manage this challenge. Councillor Anwar stated that he would support this resolution.

Mr. Galligan explained to the Council that the Town is presently talking with East Hartford, Coventry and Manchester to try to regionalize this item.

Councillor McCann stated that he would support this resolution and feels it is important for the Town to review the charge of this Committee and make sure the charge is being fulfilled.

Mayor Delnicki made an amendment to add on the last paragraph, “and provide a written report to the Board of Education and the Town Council on a quarterly basis”. Councillor Havens seconded the amendment.

Councillor Havens felt that more time should be spend on these items because it if very important information with a large amount of information.

Councillor Prague explained that his original intent was to find out where the claims are compared to the budget and how many claims are over the stop loss to see how the Town is dealing with this. Councillor Prague stated that he did not realize the amount of information that is reviewed and there needs to be a lot of time spent on these issues.

(Resolution Continued on Next Page)

ITEM:

14. A. (Continued)

Answering questions from the Council, Mr. Galligan stated that he would write the report that is being required as an amendment.

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

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

The amended resolution to read as follows:

WHEREAS, the Insurance Control Commission presently meets once a year; and

WHEREAS, the South Windsor Town Council feels that based on the information and the amount of information that this Commission reviews, the Commission should meet on a quarterly basis; and

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Insurance Control Commission to meet on a quarterly basis rather than once per year, and provide a written report to the Board of Education and the Town Council on a quarterly basis.

B. Resolution Supporting House Bill No 6518 Entitled “An Act Concerning Emergency Medical Services”

WHEREAS, the Town Council of the Town of South Windsor has concerns about the delivery of emergency medical services in the Town of South Windsor; and

(Resolution Continued on Next Page)

ITEM:

14. B. (Continued)

WHEREAS, the Town Council of the Town of South Windsor has been informed that in order to provide advanced life support service in the Town of South Windsor, the State Statutes would need to be changed because they presently restrict the Town; and

WHEREAS, the Town Council has come to understand that they have no say over who provides that emergency medical service to the Town of South Windsor and at what level; and

WHEREAS, currently House Bill No. 6518 is before the State Legislature and if the bill passes, it would change the State Statutes to allow municipalities the ability to choose the level of emergency medical services they deem appropriate within their community at the lowest most effective cost

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of South Windsor hereby supports House Bill No. 6518 entitled “An Act Concerning Emergency Medical Services” and requests the State Legislature to adopt this Bill.

Was made by Councillor Yagaloff

Seconded by Deputy Mayor Bazzano

Councillor Yagaloff explained that this bill will allow municipalities to make some decisions about which ambulance service they would like to have to provide service to their community. Mr. Galligan would like the Town to provide the Public Health Committee a resolution which shows the Town Council is supporting this bill.

Mayor Delnicki felt that since the Town has an RFP going out there should not be any meetings with any one provider. Councillor Snyder added that if the Council is serious about putting out an RFP for an ambulance service then there should be no contact with any prospective bidder and Councillor Snyder recommended that the Town Council and Town Manager not even meet with the South Windsor Ambulance Corps.

(Resolution Continued on Next Page)

ITEM:

14. B. (Continued)

Councillor Havens stated that the South Windsor Ambulance Corp. has provided good service to the Town for many years. The Town Council needs to treat the South Windsor Ambulance Corp. fairly.

Deputy Mayor Bazzano felt that this resolution restates the opinion of the Council which is reaffirming that the Town should have the ability to go to bid on a service without having the State step in the way. Deputy Mayor Bazzano stated that he would support this resolution and requested residents to call their State Senator and support this bill.

Councillor McCann said he is also in support of this resolution and feels it is important for the State to give the Town of South Windsor the authority to determine the level of service that is needed in the Town and to select the provider of that service which is what this bill will do it if is passed by the State Legislature. The South Windsor Ambulance Corp. should be included in the RFP. The Town Manager should not be meeting with any perspective respondent to an RFP, but it needs to be clear that concept should not prevent the Town Manager from contacting a vendor in this Town to collect what is due to the Town of South Windsor, such as rent or refund for fuel.

Mayor Delnicki stated that he would be support this resolution because it is about every community in the State of Connecticut to be able to choose a provider of services as well as the level of service without it being dictated how it will be done.

Councilor Anwar said he would support this resolution but would like to make sure the community is not at risk in the interim. The Town Manager will need to communicate with the South Windsor Ambulance Corp. on day to day items.

Councillor Yagaloff felt that the Town owes a lot to the South Windsor Ambulance Corp. but changes have occurred and changes need to occur.

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

ITEM:

14. New Business (Continued)

C. Resolution Accepting Streets and Open Space within the Forest Village Subdivision

BE IT RESOLVED that the South Windsor Town Council hereby accepts the deed for streets and open space within the following Subdivision:

Forest Village Subdivision

Bancroft Lane - 1,160 linear feet

Gorski Drive - 1,780 linear feet

Open Space - 13.6 acres

Was made by Councillor Beaulieu

Seconded by Councillor McCann

Councillor Anwar stated that the Open Space Task Force has reviewed these areas and have requested that the Town Council support this.

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

D. Resolution Authorizing the Town Manager to Acquire Property Located on the East Side of Main Street, known as Lot R102A and Following Said Acquisition to Cancel Claims for Unpaid Taxes, and Remove Said Property from the Tax Rolls

WHEREAS, Helena S. Gorski owns a 1.96 acre parcel of undeveloped land on the east side of Main Street, known as Lot R102A; and

WHEEAS, the current unpaid taxes on said property total $801.79; and

WHEREAS, Helena S. Gorski has offered to convey said property to the Town of South Windsor in lieu of property taxes

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is authorized to cancel all claims for unpaid taxes and remove said property from the tax rolls in accordance with Section 12-195 of the Connecticut General Statutes.

(Resolution Continued on Next Page)

ITEM:

14. D. (Continued)

Was made by Councillor Havens

Seconded by Councillor Yagaloff

Councillor McCann explained that the Town Council has received a report from 2011 from the Open Space Task Force which addressed this parcel. It rated the parcel low and is really undevelopable land, but the Open Space Task Force did recommend that the Town pursue it because it does connect open space parcels within the Town. Councillor McCann stated he wanted to make it clear that people in Town can not rely on this as a precedence for coming forward to the Town and offering to give the Town land that they can’t develop that they don’t want any more and do not want to pay taxes on anymore. Councillor McCann questioned the Town Manager who would pay the cost of preparing the deed, the title search, the closing costs and recording of the deed for this transaction? Mr. Galligan explained that usually the Town prepares all of the paperwork, sends it to the Town Attorney for their review and then the Town will record it.

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

At 10:02 p.m. Mayor Delnicki called for a ten minutes recess. The meeting reconvened at 10:17 p.m.

Deputy Mayor Bazzano made a motion to suspend the rules in order to add an Agenda Item, Item 14. E. regarding extending the reverter clause deadline. Councillor Prague seconded the motion; and it was approved, unanimously.

E. 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 25, 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 as said reverter deadline has previously been extended; and

(Resolution Continued on Next Page)

ITEM:

14. E. (Continued)

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

Was made by Deputy Mayor Bazzano

Seconded by Councillor McCann

Deputy Mayor Bazzano stated that he sees that the developer is here and he believes the developer wants to see this project move forward. The date of April 25, 2013 which is three weeks from today should be a reasonable amount of time.

Deputy Mayor Bazzano stated that the legislative intent is to have this expire on April 25, 2013 at 11:59 p.m.

Councillor McCann stated that he is not in favor of extending the reverter clause because it has not and will not require actual action by the developer. If this resolution passes, Councillor McCann said he would support the Council but it is his intent to not to enter into a financing agreement for the public improvements. The reverter deadline should only be satisfied by pulling and paying for the permits for the first two studios buildings which includes 50,000 square feet of production offices and 84,000 square feet of sound stage space. If that deadline is not met, the Town would have no further obligation towards Connecticut Studios including any obligation for providing financing for the public improvements.

Councillor Yagaloff explained that he voted against an extension the last time and would be doing the same this time. The Town should be emphasizing on the issue that there is no infrastructure agreement and unless something makes sense to the Town, the Council will not support an infrastructure agreement. Councillor Yagaloff said he is not voting against this resolution to hurt the project, but this is a private developers project at this time and when they come to the Town with an infrastructure proposal, the Council will consider it.

(Resolution Continued on Next Page)

ITEM:

14. E. (Continued)

Councillor Anwar stated that this is a difficult project which will bring change and opportunities to the community. A lot of the items have not been in the control of the developer and Councillor Anwar said he would be willing to give the developer more time to fulfill the plan.

Mr. DelVicario, Connecticut Studios came forward and stated that as of about a week ago he has submitted everything that the Department of Economic Development has asked for regarding the financing commitments to make sure that Connecticut Studios has a capital stack approved and documented. The forms required to be fill out has been done but are waiting for one last commitment from First Niagara which this morning there was some negotiations done with the Loan Officer and some time Wednesday should be complete. Everything has been approved, just waiting for this final document. There is $30 million dollars of financing commitments for the fuel cell in place and those documents will be submitted to the Department of Economic Development as well. On Wednesday, the Department of DEEP will sign off and then the project will be ready to go. There is a PURA process and the Siting Council to go through. The only contingency at this point is the consolidated closing which would be the closing with the Department of Economic Development, the Town of South Windsor, and our private financing. The contractors are ready to go and everything has been priced out.

Councillor McCann felt that this is the same story that was told in December. Mr. DelVicario stated that he should have the final financing commitment on April 3, 2013. If the Department of Economic Development moves forward it should be done on that day. As soon as the PPA is signed, the permits can be signed. Councillor McCann questioned when the PPA would be signed? Mr. DelVicario explained that it is up to the Governor.

Councillor Yagaloff questioned what the plan for the infrastructure is? Mr. DelVicario explained that he has been working with Mr. Galligan. Mr. Galligan explained that the infrastructure would be done through the National Development Council 501C3. When the PPA agreement for the fuel cell is signed, the taxes that are generated from that would pay against the bonds of that infrastructure. The infrastructure will be owned by the Town of South

(Resolution Continued on Next Page)

ITEM:

14. E. (Continued)

Windsor. Mr. DelVicario stated that the fuel cell taxes will be pledged to the Town which if you look at the projections from the National Development Council it practically pays the debt service on the bonds. Councillor Yagaloff stated that he is concerned about the cost for the bonds. Mr. DelVicario explained that the amount or the scope of that bonds have not been changed. That Bond Counsel will determine what is public infrastructure. Councillor Yagaloff explained that the revised list that came to the Council includes parking for the retail and the hotel. Mr. Galligan stated that discussions will begin soon regarding the public infrastructure.

Mr. DelVicario told the Council that the fuels cells are producing $200,000.00 more than the proposed solar array that was being discussed originally. A development agreement has been signed with a hotel developer which provides certain things in order for that developer to commit to the financing and to the development. Retail has always been excluded from the infrastructure. The main focus is the hotel which is difficult to finance. The estimate that you see in the numbers is for the entire area.

Councillor Yagaloff questioned if Bond Counsel will review this and they will decide what is and what is not allowed. If the Bond Counsel says something has to come off, the developer will have to find another mechanism.

Mr. Galligan stated that negotiations will begin and think everyone is getting confused with public utilities. Councillor Yagaloff felt that there may be some issues that come up and the Council does not want any surprises. The infrastructure should be worked on and should get done.

Answering further questions, Mr. DelVicario explained that the intent at this time is to pull the full permit in the next two to three weeks. Money is put aside of approximately $300,000.00 for permits, sparrow mitigation money, and a study for the Metropolitan Water district.

(Resolution Continued on Next Page)

ITEM:

14. E. (Continued)

Mr. Craig Stevenson told the Council that all of the final commitment letters that Connecticut Studios have received to date have been provided to the Town Manager and to Dan Marsh. Council could view those documents in the Town Manager’s Office. Mr. Galligan explained that Dan Marsh may have those documents but he does not at this time. Mr. DelVicario stated that the Council could contact First Niagara.

Deputy Mayor Bazzano requested information that was provided to the Construction Contractors.

Mr. Galligan stated that he would contact Dan Marsh to get information for the Council to review.

Councillor Beaulieu stated that there are two large pieces of the capital stack that you are asking for the Council to give you an extension on without giving the Council the proof that they are here yet which are the $10 million dollars from First Niagara which we are hopeful to have Wednesday. First Niagara is a real viable financial entity and have been around for a long time, why today are they willing to work with you? Mr. DelVicario explained that he had an approval from a large bank but the bank had some issues with the SBA and they had to withdraw. First Niagara had at that point already approved a $4M loan for Connecticut Studios, so Connecticut Studios went to them and asked if they were interested in the permanent financing. It took about three weeks to get that commitment.

Answering further questions, Mr. DelVicario explained that Connecticut Studios has presented $3.8 million dollars of cancelled checks that have been written. Connecticut Studios continue to write significant checks to keep this project moving forward.

Councillor Beaulieu stated it sounds like Dan Marsh has a lot of information that the Council needs to see. The deadline is in 48 hours and the Council is being asked to give another extension. Mr. DelVicario explained that documents could be viewed at the Town Manager’s Office.

(Resolution Continued on Next Page)

ITEM:

14. E. (Continued)

Mayor Delnicki called for a vote on the motion; it passed on a roll call vote of 6 to 3 with Mayor Delnicki, Deputy Mayor Bazzano, Councillor Anwar, Councilor Havens, Councillor Prague and Councillor Snyder voting in favor of the resolution; and Councillor Beaulieu, Councillor McCann and Councillor Yagaloff voting in opposition of the resolution.

15. Passage of Ordinance

None

16. Public Input

None

17. Communications and Petitions from Council

None

Communications and Reports from Town Manager

None

19. Executive Session

None

20. Adjournment

Deputy Mayor Bazzano made a motion to adjourn the meeting at 10:59 p.m. Councillor Anwar seconded the motion; and it was approved, unanimously.

Respectfully submitted,

Deborah W. Reid

Clerk of the Council