TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 June 28, 2013
TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Delnicki called the Special Meeting to order at 4:11 p.m.
2. Roll Call
Members Present: Mayor Thomas Delnicki
Councillor M. Saud Anwar
Councillor Edward Havens
Councillor Kevin McCann
Councillor Janice Snyder
Councillor Keith Yagaloff
Members Absent: Deputy Mayor Gary Bazzano
Councillor Cindy Beaulieu
Councillor Cary Prague
Also Present: Matthew B. Galligan, Town Manager
3. Public Participation
None
4. Communications
None
5. Town Manager’s Report
Mr. Galligan explained that the June 30th deadline for the reverter clause is Sunday, June 30, 2013 which is not a normal business day so this Special Meeting was called to take care of making a decision on the reverter clause. The developers did get a Power Purchase Agreement which has been signed and has been filed today with PURA. Mr. Galligan said he would send the Council the Power Purchase Agreement for their review. Mr. Galligan recommended that the Council extend the reverter clause to July 15, 2013.
ITEM:
5. Town Manager’s Report (Continued)
Mr. Galligan explained further that the Power Purchase Agreement is an intrical part of this project because the revenues that are generated from this agreement in taxes will pay for the public improvements.
Mayor Delnicki stated that the Power Purchase Agreement guarantees the income for the fuel cell farm so the fuel cell farm then is taxed to produce the tax revenue. Without the Power Purchase Agreement there would be no way that the fuel cell farm would be able to go forward.
Councillor Snyder requested that a fact sheet be put on the website which will summarizes the whole project and let residents know what is happening with this project. Mr. Galligan stated he would have a short timeline of the project and explain where the Town is today and what the next steps are. A glossary of definitions will also be designed for the website.
6. Unfinished Special Business
None
7. New Special Business
A. Discussion and Possible Action Regarding the Reverter Provision in the Deeds to Connecticut Studios
Councillor Yagaloff felt that it is a great idea to have a short summary of the project on the website. Councillor Yagaloff also felt that the public should be aware of what has happened with the project historically and how it has changed into the project it is today. The way the project was originally presented it would not have been a sustainable project. The Town Council has acted very appropriately to bring this project to this point.
Mayor Delnicki stated that he agrees with Councillor Yagaloff and was doubtful of the project until he saw real legitimate financing come forward from First Niagara. Another important factor in this project was when the legislature approved the continuation of tax credits for the movie industry that fit the model of the Connecticut Studio as well as the Power Purchase Agreement being brought forward to the Public Utility Regulatory Authority.
ITEM:
7. A. (Continued)
Answering questions from the Council, Mr. Galligan explained that he would like the deadline for the reverter changed because this project has always been discussed at a Regular Town Council Meeting and should continue in that direction. By the July 15, 2013 Town Council meeting the Council should be able to plan this project moving forward.
Councillor Havens stated he was running out of patients and feels the delays were a blessing in disguise. The Council is moving this project in the right direction and will take more work and patients.
Councillor McCann made a motion to suspend the rules in order add Addendum Item 7. B. (Resolution Extending the Reverter Clause Deadline) to the agenda. Councillor Anwar seconded the motion; and it was approved, unanimously.
B. 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 July 15, 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
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute this date a Fifth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
Was made by Councillor Snyder
Seconded by Councillor McCann
Mayor Delnicki made a friendly amendment to add the time of 11:59 p.m. to the resolution. Councillor Snyder and McCann both agreed to the friendly amendment.
ITEM:
7. B. (Continued)
The Town Council discussed the action of the Redevelopment Agency and if their action is different then the Town Council’s would that have any consequences on the action the Town Council is making tonight regarding the reverter. Town Attorney Kari Olson stated that the Town Council’s authority prevails any action that the Redevelopment Agency might make. The property is technically held in the name of the Town not in the name of the Redevelopment Agency.
Councillor Yagaloff requested that the Redevelopment Agency come to the July 15, 2013 Town Council meeting in order to have a formal presentation regarding their position on issues with this project. Mr. Galligan stated that he would have the Redevelopment Agency come to the Town Council July 15, 2013 meeting. Mayor Delnicki suggested that an informal Special Work Session be held to meet with the Redevelopment Agency rather than at the July 15th meeting.
Councillor Anwar felt that all information that the Council has regarding Connecticut Studios should be shared with by the Redevelopment Agency.
Mr. Craig Stevenson, the Development Consultant on the Connecticut Studios project came forward. Mr. Stevenson reported that the Power Purchase Agreement has been submitted to the Public Utility Regulatory Authority today. The Town Manager has been provided copies of the agreement, the application and the confirmation of its filing. Mr. Stevenson stated he is excited to work together on this project to bring it to fruition.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
The resolution to read as follows:
BE IT RESOLVED that the Town of South Windsor and the South Windsor Redevelopment Agency, acting through their duly authorized officials, extend to July 15, 2013 at 11:59 p.m., 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
ITEM:
7. B. (Continued)
BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute this date a Fifth Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
8. Executive Session
None
9. Adjournment
At 4:39 p.m. Councillor McCann made a motion to adjourn the Special Meeting. Councillor Anwar seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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