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Town Council Work Session Minutes 7/1/2013
TOWN OF SOUTH WINDSOR
WORK SESSION MINUTES

TOWN COUNCIL                                                              MONDAY, JULY 1, 2013
COUNCIL CHAMBERS                                                                   TIME:  7:00 P.M.


1.      Call Meeting to Order

Mayor Delnicki called the meeting to order at 7:04 p.m.

2.      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
                                Dwight Johnson, Town Attorney

3.      Public Participation

Mr. Hugh Brower, 25 West Road came before the Town Council and stated that he noticed on the agenda tonight a discussion regarding political signs.  One of the most important aspects of the Constitution is the right to free speech.  When you have a governing body attempting to potentially limit the freedom of speech, there could be potentially serious issues.  Mr. Brower requested that when this item is discussed tonight that the Council keep in mind that of all of the forms of speech, political speech is the most important and is the type of speech that should have the least amount of regulation on it.

Mr. Joe Candeias, 258 Nevers Road came forward to discuss the renovations for the Little League Shack.  Mr. Candeias felt that if there is going to be money put into this field, there should be funds available for enforcement of the current regulations that are in effect and not being enforced.  Items of concern at the Little League complex is the timing when the lights are shut off at night.  There is a buffer zone between Nevers Road and the field.  A natural berm should be erected in order to prevent people from parking in the field.  The regulations at the Little League field prohibit the use of PA system, yet there is a PA system being used.  

Mr. Jim Morrison, Ayers Road stated that the PA systems were on at the Little League field and the Legion field to the point where he could not enjoy his back porch.  Another concern is when the new drainage system was put in on Nevers Road, a holding pond was constructed across the street on Ayers Road and when the water comes up all the garbage that people throw in there comes out and comes into his pond.  The new field will also have a holding pond that will do the same.  The large concern is regarding a 63-20 Corporation being proposed to be used for financing.  The Town Council should never


ITEM:

3.      Public Participation (Continued)

allow referendums to be bypassed and should enforce projects to go to referendum to allow residents to have a voice regarding projects.  Mr. Morrison stated that referendums for athletic fields have been voted down by the residents and it is the wrong time to build athletic fields.  

Mr. Richard Gregorian, 369 Main Street came before the Council and stated that he is not against athletic fields or anything that will benefit the community as a whole.  The formation of a 63-20 Corporation is wrong because it would not allow taxpayers to have a say in any projects.  It appears that using the financing mechanism avoids charter requirements.

4.      Communications

Mayor Delnicki informed the Council that on June 24, 2013 he attended the South Windsor High School Graduation and wished the Class of 2013 good luck.  Frames Design/Sign Design had their grand opening on June 25, 2013.  They moved from Ellington Road to Kennedy Road.  The South Windsor Volunteer Fire Department held their golf tournament on June 27, 2013 and there was also an Eagle Scout Court of Honor held for Ryan Jordan on June 27, 2013.  On Saturday, June 29, 2013 the Farmers Market had their grand opening celebration.  The Farmers Market will be open from now through October 12, 2013 every Saturday from 10:00 a.m. to 1:00 p.m. at the Community Center.

5.      Town Manager’s Report

Mr. Galligan reported on the following:

  • On June 20, 2013 the Town submitted a Local Road Accident Reduction Program application to the Director of Transportation Planning Capital Region Council of Governments.  The application was for Abbe Road by Robert Drive.  The grant is a very competitive grant and would help to allow the site line down Abbe Road to be clear when coming out of Robert Drive.
  • At the next meeting Mr. Galligan requested to have an Executive Session to discussion union negotiations.
  • The budget is complete and the Town will be putting in a GOFA certificate in order to get remarks.
  • There is a women who would like to run a National Campaign to promote awareness of ovarian cancer and its symptoms.  Some of the testing that could be done to detect ovarian cancer early is very simple but is not approved by the insurance carriers.  





ITEM:

5.      Town Manager’s Report

Councillor Prague felt that since the Town has Relay for Life in Town which represents all of the cancer survivors and others who have cancer in Town.  This National Campaign charity had assets in 2011 of $2,000 and a net income of $10,000.  Councillor Prague stated his is opposed to boutique charities that represent one single type of disease and would like more information regarding this charity.

Mr. Galligan explained that there is no cost to the Town.  The Town only gives the charity permission to put ribbons around trees in Town.  The charity would like to educate the residents regarding ovarian cancer.

Councillor Beaulieu stated that ovarian cancer is one of the single largest killers of women and it is not very well known.  This would bring awareness to residents.  

Mr. Galligan added that Miss U.S.A. who is from Connecticut has campaigned regarding ovarian cancer and will continue to educate people regarding ovarian cancer.  

Councillor Beaulieu explained that the charity would like to know what trees the Town would allow ribbons to be put on.  It is not putting the Town at risk and no Town funds are being used.

Mayor Delnicki stated that after reading the material on this subject and understanding the issue he completely supports this awareness.  This is a way to educate residents without costing the Town any money.

Councillor Anwar explained that the initial symptoms of ovarian cancer are very non-specific.  If identified early there is an opportunity to cure this disease.  A simple blood test can determine if someone has ovarian cancer.  Every cancer is important to be found early on.  

Mayor Delnicki announced that Chief Reed has been elected to the Board of Directors of the Connecticut Foundation for Open Government which is a non-profit group that advocates for transparency, openness and accountability in Government.  

Councillor Yagaloff requested that the Connecticut Studios be discussed.

Mr. Galligan stated that on Friday, June 29, 2013 the Town Council had a Special Meeting where the deadline for the reverter was extended to July 15, 2013 at 11:59 p.m.  Connecticut Studio has a Power Purchase Agreement which is between Connecticut Studios and Connecticut Power and Light (Connecticut Studios Energy, LLC).  This agreement provides a mechanism of revenues that enhances the Connecticut Studios project.  There are public improvements to be done and this project will generate enough taxes that will be able to pay for the public improvement portions using the National Developments Council of bonding mechanism.  The Power Purchase Agreement creates a lot of cash flow which will be used for Connecticut Studios to back their loan.  The Town has to still get a Development Agreement between Connecticut Studios and the Town to

ITEM:

5.      Town Manager’s Report

identify the public improvements.  The Studio is having a company develop a schedule of values.  The bank would like the schedule of values as well as the Town.  The schedule of values is on the construction of the studio and construction of all of the improvements, both public and private and the buildings themselves.  Those values should be coming this week to all necessary parties.  Connecticut Studios has submitted an application to PURA and that process could take approximately 45 days.  On July 15, 2013 Mr. Galligan stated he would like Dan Marsh to come to the meeting with all of the proforma information.  A critical path analysis list will be developed to make decisions on all of the next steps that will need to be taken.  The Redevelopment Agency will be meeting regarding this project.

Councillor Anwar questioned what the next steps would be and what are the time lines?

Mr. DelVicario came forward and explained that Connecticut Studios envisioned that once the Power Purchase Agreement was signed and an application was made to PURA, Connecticut Studios would be in a position to move forward and get the Development Agreement completed.  Once the Development Agreement is complete, the land will be closed on, permits will be pulled for the first two sound stages and provide funding for various other activities that Connecticut Studios needs to do to prepare for the consolidated closing which is envisioned to happen between 60 to 90 days from the date the Power Purchase Agreement was complete.  

Mr. Galligan explained that once the Developers Agreement is complete, Connecticut Studios stated they would take out financing to begin their construction.  

Mr. DelVicario stated that the mortgage on the property will be done within the next 30 days as long as the Developers Agreement is complete.  

Councillor Anwar sated that with the Power Purchase Agreement all set, it is much more encouraging.

Answering questions from the Council, Mr. Galligan explained that the Town has not held anything up.  The Town waited until the Power Purchase Agreement was complete.  The Town did not want to spend money on the project until it was felt the project would be a reality.  The Developers Agreement is between the Town and the Developer for the public improvements.  The Developers Agreement ensures that this is the project and this is what would be built.  Mr. Galligan stated that he would be meeting with Attorney Panico to begin drafting the Developers Agreement.  

Councillor McCann stated that he does not want anyone to think the Town has delayed this process.  Councillor McCann then stated that he is happy that there is a Power Purchase Agreement in place and this is an indication that this project may in fact go forward.  There is still a lot of work that has to go into the project.

ITEM:

5.      Town Manager’s Report

Councillor Yagaloff congratulated Connecticut Studios on the progress that has been made with this project.  The reverter has been extended to July 15th and there was discussion about an alternate proposal which was to remove the reverter from the clause which needs to be discussed further by this Council.  

Mr. Galligan stated that he feels the Developers Agreement is much more important then the reverter document because that will be a contract between the Town and the Developer stating everything that has to get done.  Once that agreement is complete then the Town could have the reverter removed.

Councillor Yagaloff noted that when reading through the Power Purchase Agreement there are tight deadlines, will the funding be in place to meet those deadlines?

Mr. DelVicario explained that the funding is already in place.  There are some insurance issues remaining with Fuel Cell Energy to negotiate one single issue and then the contract will be signed.  When that contract is signed, that contract and the terms in that contract will satisfy the terms within the Power Purchase Agreement.

Councillor Yagaloff felt that there should be more discussions about the benefits of the fuel cell.  The fuel cell offers an alternative energy source.  It is a clean energy source and has some benefits in terms of power outages and sustainability in the case of certain emergencies.  As the grid structure changes and as they can move electricity across the grid there will be an opportunity to deliver electricity into the grid for use by the community.

Mr. DelVicario added that there was a separate program that the State came out with after the big ice storm.  The State came out with a micro-grid program which Connecticut Studios applied for.  The Town is interested in allowing the studios as a shelter in case of an emergency.  Mr. Galligan said that in the planning exercise a concern developed that if there were a category 2 storm and the Town was cut off, not everyone could possibly get to the High School so it is felt that multiple shelters should be considered.  

Mr. DelVicario stated that Connecticut Studios would not make any money from this and would only be reimbursed for the costs of implementing the micro-grid according to the specifications of Northeast Utilities or CL & P after they approve it.  

Councillor Havens questioned that if anyone could guarantee that this project is going to happen?  Mr. DelVicario stated that Connecticut Studios has spent months disclosing all of the necessary documents to the Department of Economic Development in Connecticut.  Before this fuel cell was finalized they had to agree and verify that all of the financing was in place for this project.  

Mayor Delnicki recessed the Work Session at 8:00 p.m. in order to call the Regular Meeting to order.  The Work Session reconvened at 8:00 p.m.

ITEM:

5.      Town Manager’s Report

Mr. Galligan stated that the Power Purchase Agreement is powerful and the Town should capitalize and move this project forward.  Mr. Galligan said he is confident with items that the Town can control that this project can be complete.

Mr. DelVicario informed the Council that Connecticut Studios has put a lot of time and money into this project.

6.      Items for Discussion

A.      Texting and emailing during Town Council meetings (requested by Mayor Delnicki)

Mayor Delnicki stated that this item would be discussed in the Regular Meeting.

B.      Campaign Signs during Election (requested by Deputy mayor Bazzano)

Mayor Delnicki stated that this item would be discussed in the Regular Meeting.

7.      Executive Session

None

8.      Adjournment

At 8:05 p.m. Councillor Havens made a motion to adjourn the Work Session.  Deputy Mayor Bazzano seconded the motion and it was approved, unanimously.

Respectfully submitted,



                                                
Deborah W. Reid
Recording Secretary