TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 May 20, 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 8:00 p.m.
4. Roll Call
Members Present: Mayor Thomas Delnicki
Deputy Mayor Gary Bazzano (arrived at 8:38 p.m.)
Councillor M. Saud Anwar
Councillor Cindy Beaulieu
Councillor Edward havens
Councillor Kevin McCann
Councillor Cary Prague
Councillor Janice Snyder
Councillor Keith Yagaloff
Also Present: Mike Gantick, Acting Town Manager
Kari Olson, Town Attorney
After roll call was complete, Mayor Delnicki presented a proclamation to the Public Works Department in recognition of National Public Works Week.
Mr. Michael Gantick, Director of Public Works came forward to present individuals with awards in the categories of the Rich Boudreault Award (Dawn Mulholland and Ian MacGregor), Citizen Award (Joseph Carino), and Business Partner Award (Folsom Construction and ESRI) for National Public Works Week.
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and recommended to the Council that the Council establish ground rules for public participation so that the public has guidelines pertaining to the length of time they can speak and regarding what issues can be brought up when.
Mr. Mike Sullivan, 24 Jared Court came forward and stated that established rules may help but acknowledged that the current Mayor has allowed and encourages public to speak. Mr. Sullivan stated that he is very impressed with the Public Works Department. Mr. Sullivan then reviewed budget issues reminding the Council that they need to adhere to the fund balance requirements that were established. A two year plan needs to be established to identify ways to bring the
ITEM:
5. Public Input (Continued)
fund balance up to where it is supposed to be. The Town Council also needs to bring a resolution forward to set policy and limits regarding the way projects can be financed.
6. Environmental Health & Safety Message
None
7. Adoption of Minutes
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session Minutes of May 6, 2013; and Regular Meeting Minutes of May 6, 2013.
Was made by Councillor Yagaloff
Seconded by Councillor Anwar
The motion was approved, unanimously
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
None
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
None
12. Consent Agenda
None
ITEM:
13. Unfinished Business
A. Resolution Appointing a Rate Maker for Fiscal Year 2013/2014
BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal Year 2013/2014.
Was made by Councillor Snyder
Seconded by Councillor McCann
The motion was approved, unanimously
14. New Business
A. Resolution Accepting the Resignation of Clifford Slicer (D) an Alternate from the Board of Assessment Appeals
BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Clifford Slicer (D) an Alternate to the Board of Assessment Appeals, said resignation effective immediately; and
BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Clifford Slicer for the time he has dedicated to serving his community by his membership on the Board of Assessment Appeals.
Was made by Councillor Havens
Seconded by Councillor Anwar
The motion was approved, unanimously
B. Resolution Regarding the Sale of 85 Nutmeg Road
WHEREAS, in or about 2009, the Town of South Windsor acquired the real property and improvements located at 85 Nutmeg Road in the Town of South Windsor (the “Property”); and
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
WHEREAS, the Town Council, acting through its Town Manager, duly authorized, entered into that certain Tax Lien Conveyance and Assessment Agreement, dated January 15, 2010 (the “Agreement”), pursuant to which 85 Nutmeg Road, LLC agreed to take title to the Property and to rehabilitate the Property and, in return, the Town agreed to abate the real property taxes for the Property; and
WHEREAS, the Town Council conveyed the Property to 85 Nutmeg Road, LLC for this purpose; and
WHEREAS, Dr. Constantinos Constantinou owns an abutting parcel of property as more particularly described in Exhibit A to the deed of conveyance, dated March 22, 2012 and filed upon the land records of the Town of South Windsor in Volume 2244, Page 19 (the “Parcel”), which Parcel also encompasses an access way to the Property and a portion of the building located thereon; and
WHEREAS, 85 Nutmeg Road, LLC (the “Seller”) seeks the Town Council’s permission to sell the Property to Dr. Constantinos Constantinou (the “Buyer”) pursuant to a certain Purchase & Sale Agreement, dated April 29, 2013 (the “Purchase and Sale Agreement”) and requests the Town Council’s permission to do so; and
WHEREAS, the Town Council finds that it is in the best interests of the Town to permit the proposed transfer subject to and expressly conditioned upon the following:
- As of the date of closing, the Agreement shall be deemed null and void and of no further legal effect and shall not be assigned or transferred in whole or in part from the Seller to anyone, including the Buyer; and
- The Town and 85 Nutmeg Road, LLC, for their successors, assigns, employees, officers and agents, shall execute and exchange at the closing for the Property, mutual releases relating to any and all further obligations of either party pursuant to the Agreement; and
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
- The Buyer shall execute and deliver to the Town Attorney, prior to the date of closing, a Notice of Merger, in a form approved by the Town Attorney, clearly stated that the Property and the Parcel shall be merged for all intents and purposes into a single lot of record as of the date of the closing, which Notice shall run with the land and be held in escrow pending the sale of the Property and shall be filed upon the land records of the Town of South Windsor immediately following the filing of the deed of conveyance for the Property; and
- As of the date of transfer, the Property, together with the Parcel, shall be assessed as a single lot, with improvements, for all real property taxes in accordance with law and based upon its fair market value as of that date; and
- 85 Nutmeg Road, LLC, acting through its member-manager, Jan Exman, shall provide an affidavit to the Town Attorney certifying that no interest in the Property or the Agreement, of any kind whatsoever, has been conveyed, sold, transferred or otherwise promised to any other person or entity, except as provided for herein.
BE IT RESOLVED, that the Town of South Windsor hereby authorizes the Town Manager to execute all necessary documents to facilitate the sale and transfer of the Property in accordance with the conditions outlined above and the terms of the Sale and Purchase Agreement.
Was made by Councillor Prague
Seconded by Councillor Anwar
Town Attorney Olson reviewed the changes that were made to this resolution which are outlined in paragraphs #1 through #5 in the resolution. Attorney Olson pointed out to the Council that one of the conditions originally was that Mr. Exman execute a release to the Town of South Windsor with respect to the agreement acknowledging that the Town has no further obligations. Mr. Exman’s Attorney did ask if the releases could be mutual. After discussing this with Mr. Galligan, that condition was added with the intent to discuss this with the Town Council.
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
Councillor Prague stated he would like to stipulate that if the closing does not happen by a certain date that the agreement becomes null and void. Town Attorney Olson suggested that language be added onto the end of the resolution to read ”specifically including a closing date deadline of June 15, 2013”.
Councillor Prague made a friendly amendment to include the additional language at the end of the resolution as suggested by the Town Attorney. Councillor Anwar agreed upon the amendment if the majority of the Council would like a specific date.
Town Attorney Olson also recommended that the resolution also specifically state that if the closing does not happen by the date specified, that this resolution be deemed null and void and the approval of the sale is withdrawn.
Councillor Yagaloff stated that the Town has the responsibility to protect its tax revenues which the Town gave up for many years. Councillor Yagaloff explained that he does not see a benefit to the Town if the Town were to enter into mutual releases with Mr. Exman. Attorney Olson told the Council that she had made it very clear to Mr. Exman’s Attorney that it is totally up to the Council whether a mutual release is entered into.
Councillor McCann stated that in the resolution the granting permission for the sale of the property should be under “BE IT RESOLVED”.
Town Attorney Olson suggested that the last paragraph be amended to read that the Town of South Windsor hereby grants its permission for the transfer of the Property and authorizes the Town Manger to execute all necessary documents to facilitate the sale and transfer of the Property in accordance with the conditions outlined above and the terms of the Sale and Purchase Agreement, specifically including a closing date deadline of June 15, 2013. Should the closing not take place by that date, the permission granted herein is withdrawn.
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
Councillor McCann made a motion to amend the resolution to include the language suggested by the Town Attorney in the last paragraph. Councillor Prague seconded the amendment and it passed on a roll call vote of 8 to 1 with Councillor Havens voting in opposition to the amendment.
Councillor Anwar stated he would support the amended resolution and feels the Town should move forward so the properties can be remediated and become a part of the Town’s tax rolls.
Councillor Yagaloff made a motion to amend #2 of the resolution to read, “85 Nutmeg Road, LLC for their successors, assigns, employees, officers and agents, shall execute and provide to the Town at the closing for the Property, a general release relating to any and all further obligations of either party pursuant to the Agreement”. Councillor Anwar seconded the amendment to the resolution.
Answering questions from the Council, Attorney Olson explained that she had questioned if not having a mutual release would delay the process, but she did not receive a response.
Mayor Delnicki called for a vote on the amendment; it was approved, unanimously.
Mr. Mike Sullivan, 24 Jared Court came before the Town Council and voiced concern if the sale agreement between Mr. Exman and the new developer does not identify who has the environmental liability that would be a major omission from this process.
Council members discussed the significant financial investment that Dr. Constantinou is making into the property which is a great incentive to get the property abated and remediated in order to make it a functioning property that income can be derived from.
Mayor Delnicki called for a vote on the amended resolution; it was approved, unanimously.
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
The resolution to read as follows:
WHEREAS, in or about 2009, the Town of South Windsor acquired the real property and improvements located at 85 Nutmeg Road in the Town of South Windsor (the “Property”); and
WHEREAS, the Town Council, acting through its Town Manager, duly authorized, entered into that certain Tax Lien Conveyance and Assessment Agreement, dated January 15, 2010 (the “Agreement”), pursuant to which 85 Nutmeg Road, LLC agreed to take title to the Property and to rehabilitate the Property and, in return, the Town agreed to abate the real property taxes for the Property; and
WHEREAS, the Town Council conveyed the Property to 85 Nutmeg Road, LLC for this purpose; and
WHEREAS, Dr. Constantinos Constantinou owns an abutting parcel of property as more particularly described in Exhibit A to the deed of conveyance, dated March 22, 2012 and filed upon the land records of the Town of South Windsor in Volume 2244, Page 19 (the “Parcel”), which Parcel also encompasses an access way to the Property and a portion of the building located thereon; and
WHEREAS, 85 Nutmeg Road, LLC (the “Seller”) seeks the Town Council’s permission to sell the Property to Dr. Constantinos Constantinou (the “Buyer”) pursuant to a certain Purchase & Sale Agreement, dated April 29, 2013 (the “Purchase and Sale Agreement”) and requests the Town Council’s permission to do so; and
WHEREAS, the Town Council finds that it is in the best interests of the Town to permit the proposed transfer subject to and expressly conditioned upon the following:
(Resolution Continued on Next Page)
ITEM:
13. B. (Continued)
- As of the date of closing, the Agreement shall be deemed null and void and of no further legal effect and shall not be assigned or transferred in whole or in part from the Seller to anyone, including the Buyer; and
- 85 Nutmeg Road, LLC, for their successors, assigns, employees, officers and agents, shall execute and provide to the Town at the closing for the Property, a general release relating to any and all further obligations of either party pursuant to the Agreement; and
- The Buyer shall execute and deliver to the Town Attorney, prior to the date of closing, a Notice of Merger, in a form approved by the Town Attorney, clearly stated that the Property and the Parcel shall be merged for all intents and purposes into a single lot of record as of the date of the closing, which Notice shall run with the land and be held in escrow pending the sale of the Property and shall be filed upon the land records of the Town of South Windsor immediately following the filing of the deed of conveyance for the Property; and
- As of the date of transfer, the Property, together with the Parcel, shall be assessed as a single lot, with improvements, for all real property taxes in accordance with law and based upon its fair market value as of that date; and
- 85 Nutmeg Road, LLC, acting through its member-manager, Jan Exman, shall provide an affidavit to the Town Attorney certifying that no interest in the Property or the Agreement, of any kind whatsoever, has been conveyed, sold, transferred or otherwise promised to any other person or entity, except as provided for herein.
BE IT RESOLVED, that the Town of South Windsor hereby grants its permission for the transfer of the Property and authorizes the Town Manager to execute all necessary documents to facilitate the sale and transfer of the Property in accordance with the conditions outlined above and the terms of the Sale and Purchase Agreement, specifically including a closing date deadline of June 15, 2013. Should the closing not take place by that date, the permission granted herein is withdrawn.
ITEM:
13. New Business (Continued)
C. Resolution Approving a Refund of Taxes to Seventeen (17) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to seventeen (17) South Windsor Taxpayers, the total of said refund being $4,887.22, and as more fully described on attached Exhibit A.
Was made by Councilor Anwar
Seconded by Deputy Mayor Bazzano
The motion was approved, unanimously
15. Passage of Ordinance
None
16. Public Input
None
17. Communications and Petitions from Council
Councillor Prague thanked the Public Works Department for making the Picnic in the Park a wonderful event. The attendance has increased from under 200 people just five years ago to approximately 3,000 or 4,000 people.
Councillor McCann stated that when the agenda was put together the notice with respect to public participation which is attached to the agenda and required by the Town Council’s rules and procedures was incorrect. Councillor McCann requested that the correct rules for public participation be included and attached to the agenda.
Mayor Delnicki stated that he would continue to allow the public to speak even though the rules are much more stringent.
ITEM:
17. Communications and Petitions from Council (Continued)
Mayor Delnicki then announced that on May 27, 2013 beginning at 10:00 a.m., the Town and the Patriotic Commission will be sponsoring the Memorial Day Parade and Ceremony. The ceremony will conclude at Veterans’ Memorial Park.
The dedication of the Water Pollution Control Plant will be held on Thursday, May 23, 2013, at One Vibert Road in honor of Joseph J. Carino.
There was an Eagle Scout ceremony for Spencer Martin held on Sunday, May 19, 2013.
18. Communications and Reports from Town Manager
None
19. Executive Session
None
20. Adjournment
Councillor Prague made a motion to adjourn the meeting at 9:17 p.m. Deputy Mayor Bazzano seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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