TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 September 3, 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 8:01 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
Town Attorney Dwight Johnson, Murtha Cullina
5. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated he attended the WPCA meeting tonight. An Advisory Sub-Committee was established to come up with better rates for the sewer charge. There has been one meeting in the last 16 months and the Committee is not making any progress. The sewer fees are too high by $100.00 and need to be cut. The WPCA has set funds aside into their reserve accounts. The Town Council has indicated that the Town Attorney has stated that the Council has no control over the WPCA and the WPCA just stated that the Council has control over them. A joint meeting between the WPCA and Town Council should take place prior to the rates being set. The Council is not doing their job concerning the sewer charges.
Mr. Craig Keefer, 2340 Ellington Road explained to the Council that he and his wife moved to South Windsor in 1979 and when he received his tax bill he was shocked. It is an 18.58% tax increase in one year which is unbelievable. Mr. Keefer heard about the Town building ball fields and sidewalks and would like to know if anyone is thinking about seniors with fixed income. This is a real hardship and this kind of an increase is outrageous. Mr. Keefer stated he will be taking a close look on the candidates on the ballot this year and find out which candidates are going to hold down the taxes and fight for the people of this Town who are on
ITEM:
5. Public Input (Continued)
fixed incomes and can not afford tax increased like this now or in the future. Mr. Keefer stated that Mayor Delnicki and Councillor Yagaloff will be the people he votes for because they try to save money for the people in this Town especially those that are long term residents.
Ms. Betty Warren, 494 Abbe Road stated she was before the Council to address a concern regarding a proposal in the paper about additional athletic fields. The article referred to land on Nevers Road as “vacant”. There is 24 acres adjacent to Nevers Road Park and that property is leased to a farmer for five years starting this year and is not vacant. This property provides income to the Town. In the most recent Citizen Survey that was done, 86% residents felt that preserving farmland was important or somewhat important. There was 67% residents that were willing to set aside tax money to purchase more land for open space and agriculture. Under the Park & Recreation questions there was a question of those who were interested in purchasing land for passive recreation.
The largest percentage that answered that question was 20% and yes they were in favor for passive recreation. Ms. Warren questioned if the Council is mistaken in calling this vacant land and is the Council aware that the Town has a commitment to an individual for five years.
Mr. Jack Phillips, 200 McGrath Road came forward and stated that he supports what Ms. Warren has said. The Town is trying to preserve open space and farmland and artificial turf ball fields do not qualify as either. The money that comes in from the leases of land helps maintain the passive recreation. Mr. Phillips then went on to say if the tax surplus is needed for the reserve fund that is acceptable, but if not it should be returned to the taxpayers. The last thing the Council should ever consider is how to increase spending to use up the surplus. The Town Council can control spending by not building these athletic fields and using the surplus to reduce tax loads would be another way. If there is an idea to spend large quantities of money, the Town Council should bring that item to
referendum in order to allow the taxpayers to decide if that is the right way to spend Town funds.
Ms. Mary Etter the Director of the South Windsor Public Library came before the Town Council to announce to the public and Town Council that the South Windsor Public Library will hold different programs. The first program will be held on Wednesday, September 11, 2013 with Colleen Plimpton who is a noted gardening author who will be speaking about putting the garden to bed for the fall. Another program on Wednesday, September 18, 2013 at 6:00 p.m. called Pick-of-the Crop which is a potluck supper followed by short book reviews by individuals in the
ITEM:
5. Public Input (Continued)
community. Book reviews will be presented by Police Chief Reed, Jonathan Porter, Roselle Macdonald, Pat Lariviere, Shari Fiveash and Reverend Michael Dolan. There is also a program on Thursday, September 19, 2013 where Health Care Reform will be discussed. Ms. Randi Oster who completed legal training approved by the State on the Affordable Care Act and the Connecticut Health Care Exchange will be discussing the process of enrollment and details.
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 July 15, 2013; Special Meeting Minutes of August 14, 2013; and Regular Meeting Minutes of July 15, 2013.
Was made by Councillor Havens
Seconded by Councillor Snyder
The motion was approved, unanimously
Deputy Mayor Bazzano made a motion to Suspend the Rules in order to go to Item 18 – Communications and Reports from Town Manager. Councillor Anwar seconded the motion; and it was approved, unanimously.
18. Communications and Reports from Town Manager
Mr. Andy Hildebrand, Chairman of the 75th Anniversary Celebration from the South Windsor Fire Department came forward to report to the Council and public of upcoming events for the 75th Anniversary Celebration as well as the Connecticut State Farmers Association Convention. Mr. Hildebrand reviewed the events as shown in attached Exhibit A. Information can be found on the South Windsor Fire Department’s website as well as there will be media coverage.
Council members thanked the South Windsor Volunteer Fire Department for their service to the Town of South Windsor and stated they were looking forward to the celebration.
ITEM:
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
Mr. Kent Carlson, 970 Avery Street from the Patriotic Commission came forward. Mr. Carlson explained that the Patriotic Commission will be presenting to the Council a proposal to define and separate the memorials in Veterans Memorial Park from the recreational area. This was an extension of the original Veterans Memorial Park that was designed and built many years ago. Mr. Peter Anthony was the individual who presented this idea to the Patriotic Commission and will be speaking.
Mr. Peter Anthony, 50 Bailey Circle and a member of the Patriotic Commission came forward. Mr. Anthony explained that he would like to have a memorial wall in South Windsor to let residents know that a lot of people died in all of the wars fought. This wall will be for the men of South Windsor who have died serving our country to let them know they will never be forgotten.
Mr. Art Sladyk, 30 Devonshire Drive and a member of the Patriotic Commission came forward and presented the Town Council with a rendering of the proposed wall. Mr. Sladyk stated that the Patriotic Commission came tonight to get the Town Council’s approval on this project. Mr. Sladyk then reviewed the history of this project and going forward what is planned as shown in attached Exhibit B. This project will be totally funded by the Patriotic Commission through fund raisers and donations.
Mr. Sladyk answered various questions from the Council and Council members applauded the Patriotic Commissions efforts and unanimously supported and gave consent for this project.
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
None
ITEM:
Deputy Mayor Bazzano made a motion to Suspend the Rules in order to bring Items 14. G. and 14. H. forward. Councillor Prague seconded the motion; and the motion passed on a roll call vote 5-4 with Deputy Mayor Bazzano, Councillor Beaulieu, Councillor McCann, Councillor Prague and Councillor Snyder voting in favor of Suspending the Rules and changing the order of agenda items; and Mayor Delnicki, Councillor Anwar, Councillor Havens and Councillor Yagaloff voting in opposition to Suspending the Rules and changing the order of agenda items.
14. New Business
G. Discussion item: Budget Surplus (requested by Councillor McCann)
Councillor McCann explained that during the budget season a number of Council members brought forward ideas for discussion purposes only. There was never a proposal for an additional $3 million dollars of spending, that is a fabrication. Councillor McCann explained that he has brought different ideas forward of how the surplus could be used, but never suggested that the surplus be spent. Councillor McCann stated that his recommendation would be to keep it in the fund balance. The Town needs it for the long term fiscal status of the community to keep the bond rating as good as it is so that future bond referendums do not have increases in interest rates.
Councillor Yagaloff felt that the Town would be more well served if Council focuses on economic development rather than trying to position ourselves about spending. During the budget deliberations, a member of the Council brought a $3 million dollar plus project for discussion and presumably for a vote. The Council needs to focus on economic development. Unless the Council grows the grand list, the Town will not be able to sustain any kind of increase in Capital Projects.
Answering questions from the Council, Mr. Galligan explained that a Council member had requested that he come up with a lease payment for a $3 million dollar project. The lease payment would have been spread over 10 years.
ITEM:
14. G. (Continued)
Answering further questions, Mr. Galligan explained that after funds have gone back to the educational fund and the fund balance was replenished, there is $1.1 million dollars going back into the general fund, fund balance. Mr. Galligan recommended to the Council that those funds remain in the fund balance. The only other area the Council could look at is to use some of the surplus towards the unfunded liability for the pension. The Town did not have to eliminate any positions this year but were unable to do additional projects.
Councillor Havens felt the surplus should remain in the fund balance.
Councillor Anwar questioned if there is a way to have information regarding a surplus before the school budget and Town budget are approved? Mr. Galligan explained that it would be very dangerous if the Town Council were told there was a $2 million dollar surplus and the Town Council decided to put $1.5 million dollars towards something. If those funds were needed before the end of the fiscal year for unforeseen circumstances there would be a big problem. The fund balance from the previous year is made up each year of $800,000. Mr. Galligan then suggested to the Council that over the next couple of years a policy be established to reduce the discount rate by a ¼ percent each year so more of a contribution will go into the pension and therefore keep the unfunded liability down.
Councillor Anwar suggested that the Council look into a way for the surplus to help resident through the sewer user fee.
Mayor Delnicki requested that the Town Manager find out how much a ¼ percent change in the pension plan would be in a dollar amount so the Council will know how this change would impact residents. Mayor Delnicki also requested a five-year summary on any surplus.
Councillor McCann suggested that in future budgets he feels it would be helpful to have a history of the last three years showing actual expenditures and revenues.
Councillor Yagaloff felt that more funds should have been applied to the fund balance which in turn would have lowered the mill rate. Councillor Yagaloff also stated that the last spending freeze should have been implemented sooner.
ITEM:
14. G. (Continued)
Councillor Beaulieu stated that when the decision on the fund balance was made during the budge deliberations, Council was being told that if $800,000 were used, the fund balance would be dangerously low so that is why $400,000 was used instead.
Mr. Galligan informed Council members that next year the M & E Credits go away in the amount of $1.1 million dollars.
H. Discussion Item: Board of Education Elementary School Plan Recommendation Status by the Superintendent of Schools (requested by Councillor Snyder)
Councillor Snyder informed the Town Council that on August 20th there was a Special Board of Education meeting which was specifically put together for the Elementary Facilities. The Board of Education has had a two-year strategic plan from 2011 to 2013 and that plan has several different goals for the Superintendent. One goal is coming up with a comprehensive master plan for the elementary school facilities. Currently the Board of Education is expecting the Superintendent to come back with a comprehensive master plan some time in October. The Superintendent will be reaching out to the public, local civic groups and organizations in Town to get input from them on how to gain insight to help formulate a plan. The Superintendent is also working with an Engineering firm to formulate a
plan. Dr. Carter is looking at a phased in approach to the construction and also looking to do one school at a time. It is believed that there will only be four elementary schools which is being supported by the decline in enrollment. Going to four elementary schools will make available a school that most likely could be used to alleviate space needs of the Town. The Board of Education is hopeful to have a referendum in March of 2014. After the Board of Education has approved a plan, it will be presented to the Town Council.
12. Consent Agenda
Councillor Prague and Councillor Anwar made a motion to approve Agenda Item 13. A. and 14. A. through 14. C as the consent agenda. Councillor McCann seconded the motion; and it was approved unanimously.
ITEM:
13. Unfinished Business
A. Resolution Appointing William Butter (R) a Full Member to the Planning & Zoning Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints William Butter (R) a full member to the Planning & Zoning Commission for a term ending November 11, 2013 to fill an unexpired term of Patrick Kennedy.
(Approved by Consent Agenda)
14. New Business
A. Resolution Reappointing Elizabeth McGuire (D) to the Cable Advisory Committee and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Elizabeth McGuire (D) to the Cable Advisory Committee for a term ending June 30, 2015 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
B. Resolution Reappointing Anthony Duarte (D) to the South Windsor Alliance for Families and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Anthony Duarte (D) to the South Windsor Alliance for Families for a term ending September 1, 2015 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
14. New Business
C. Resolution Appointing Debbie Duarte (D) an Alternate to the Board of Assessment Appeals and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Debbie Duarte (D) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2014 to fill an existing vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
D. Resolution Concerning Reverter Provision in Deed to Connecticut Studios, LLC
WHEREAS, Connecticut Studios, LLC (“Connecticut Studios”) has in recent months made significant progress in the development of the Connecticut Studios project (the “Project”); and
WHEREAS, Connecticut Studios expects to close in early September 2013, on bridge financing for the Project in the amount of approximately $7 million, to be provided to it (the “Bridge Closing”); and
WHEREAS, at the Bridge Closing, Connecticut Studios will purchase from Andre Charbonneau approximately 17 acres of property located at Chapel Road and Route 5 in South Windsor (the “Charbonneau Property”); and
WHEREAS, promptly following the Bridge Closing, Connecticut Studios intends to take out structural building permits for the first two studios that are part of the Project; and
WHEREAS, at or prior to the Bridge Closing, Connecticut Studios will enter into a Revised Agreement Concerning Sparrow Habitat with the Town providing for, among other things, a payment to the Town at the Bridge Closing of $150,000, which the Town will hold in escrow and disperse to Jay’s Landscaping, LLC as it performs its Landscaping Proposal for Grassland Habitat, dated September 24, 2012; and
(Resolution Continued on Next Page)
ITEM:
14. D. (Continued)
WHEREAS, at the Bridge Closing, dck North America, LLC (“dck”) will cause to be removed the mortgage (the “dck” Mortgage”) that it placed on the real property deeded by the Town to Connecticut Studios by a certain Statutory Form Quit Claim Deed, dated October 26, 2009, and recorded on the land records of the Town at Book 2077, Page 183-187, as subsequently amended (the “Quit Claim Deed”); and
WHEREAS, a condition of the bridge financing is the removal of the automatic reverter provision (the “Reverter Provision”) set forth in the fourth paragraph of the Quit Claim Deed
NOW, THEREFORE, BE IT RESOLVED that the Town Council has determined that (1) the completion of the Bridge Closing, (2) the purchase of the Charbonneau Property, (3) the termination and removal from the land records of the dck Mortgage, (4) the execution of the Revised Agreement concerning Sparrow Habitat, (5) the receipt by the Town of an approximately $150,000 escrow payment as required under that Agreement, and (6) the payment to the Town by Connecticut Studios of the estimated cost of the structural building permits for the first two studios of the Project shall be sufficient grounds for the Town to waive or otherwise terminate the Reverter Provision contained in the Quit Claim Deed, and that the Town Manager be, and he hereby is, authorized to amend the Quit Claim Deed and/or execute any and all other documents
necessary to waive or otherwise render null and void said Reverter Provision, provided that he has determined that the six conditions set forth in this resolution have been met to his satisfaction after consultation with the Town Attorney.
Was made by Councillor Yagaloff
Seconded by Councillor Anwar
Councillor Yagaloff stated that the primary mechanism for controlling this project from the Town’s perspective is from the infrastructure agreement which is also being called the developers agreement. It is essentially an agreement between the Town and the developer for the shared infrastructure, which includes the roads, the electrical services and the sewer services that the Town will be allowing the project to be paying for instead of paying taxes on part of the project. So it is the infrastructure agreement that allows the Town to control this project. Tonight the Council will make a decision to let go of the land so Connecticut Studios can borrow money to
ITEM:
14. D. (Continued)
purchase the Charbonneau property and get the bridge financing to start the project. Councillor Yagaloff recommended that on page 6, the first WHEREAS clause about the building permits, there should be a section in there that says Connecticut Studios will escrow at the time of the closing the building permit fees for the first two portions of the project. Councillor Yagaloff questioned if the sparrow remediation should go out to competitive bidding.
Mr. Galligan explained that the sparrow mitigation was something the Town was supposed to do and Connecticut Studios has taken over that burden for the Town. As far as public bidding, the Town does not have to bid it. Connecticut Studios can go out and hire who they would like to. Connecticut Studios is taking a risk but they feel comfortable with the conditions in the resolution.
Town Attorney Johnson suggested inserting in the fifth WHEREAS clause where it says of $150,000, insert “at least”. The other suggestion would be in the conditions under the fifth (5) condition rewrite to read, “that would be sufficient to pay Jay’s Landscaping or an alternate contractor to complete that habitat”. Mayor Delnicki questioned Councillor Yagaloff if he would be willing to take that as a friendly amendment. Councillor Yagaloff said he would as well as Councillor Anwar.
Town Attorney Johnson then explained that in the second paragraph there is a blank that will not be filled in for the confidentiality of the investors.
Mr. Dan Marsh from the National Development Council explained to the Council that the project has received substantial information and back up on the proposed cost of the public infrastructure including soft costs. There is also a quote from a contractor to build the public improvements. Those public improvements are being reviewed by Robinson and Cole to make sure the improvements are public in nature. There are preliminary letters of interest on the purchase of the State tax credits. There are finance commitments that need to be updated from First Niagara and other financers for the project. The National Development Council is working with several renewable energy investors on securing the equity for the sale of the renewable tax credits. The National Development Council also has in
hand a hotel partnership agreement. The Power Purchase Agreement is complete
ITEM:
14. D. (Continued)
and there is evidence of the bridge loan construction that has been reviewed and The National Development Council is comfortable with.
Answering further questions from the Council, Mr. Galligan explained that Connecticut Studios would be purchasing 17 acres from Mr. Charbonneau for this project. There will be a fee of about $250,000 in building permits for the first two buildings. The infrastructure agreement is what will control the whole project and the Town controls a lot of the factors in that agreement. The project has come to a point where everyone involved is taking a risk. The Town has done everything that we are supposed to do.
After asking various questions, Councillor Anwar stated that he would be supporting this resolution.
Councillor McCann stated that the purpose of the reverter clause was to protect the Town’s interest in making sure that this project goes forward. The Town is now being asked to remove that protection and the Town should have another way to assure that the project will proceed. The Town needs to see the Power Purchase Agreement approved by PURA and also needs to see what is included in the infrastructure agreement. Councillor McCann said that he feels it is premature for the Town Council to talk about removing the only leverage that the Town has to move this project forward if there are so many items that still need to be completed for this project.
Councillor Yagaloff reviewed the history of the property being used for this project and then urged the Council to take the Town Manager’s advice and support this.
Council members reviewed the taxes that would be generated from this project.
Deputy Mayor Bazzano suggested that this item be tabled for a couple of weeks to see what more information becomes available on this project.
Mr. Tony DelVicario from Connecticut Studios reviewed how the project is progressing explaining that he is borrowing $7 million dollars personally to take care of outstanding responsibilities concerning this project.
ITEM:
14. D. (Continued)
Deputy Mayor Bazzano made a motion to extend the meeting past 11:00 p.m. in order to finish this item and the next item regarding Evergreen Walk. Councillor Yagaloff seconded the motion. The motion failed with Councillor Havens in opposition.
Answering questions from the Council, Mr. DelVicario stated that Connecticut Studios needs to own the property before it can be brought to Siting Council. The fuel cells will be on what is known as Charbonneau’s property at this time. The project is based on all 40 acres and the whole project is tied together as far as permits are concerned.
Councillor Beaulieu made a motion to extend the meeting to 11:20 p.m. Councillor McCann seconded the motion; and it was approved, unanimously.
Councillor Havens stated he would be supporting this resolution.
At 11:00 p.m. Mayor Delnicki recessed the meeting for five minutes. The meeting reconvened at 11:05 p.m.
Mr. DelVicario explained that the $7 million dollar bridge construction loan will enable him to purchase the property, but he can not get the $7 million dollar loan unless the reverter is off of the property. If this doesn’t happen, the whole deal could fall apart.
Mayor Delnicki called for vote, it passed 6 to 3 with Mayor Delnicki, Councillor Anwar, Councillor Havens, Councillor McCann, Councillor Snyder and Councillor Yagaloff voting in favor of approval; and Deputy Mayor Bazzano, Councillor Beaulieu and Councillor Prague voting in opposition.
The resolution to read as follows:
WHEREAS, Connecticut Studios, LLC (“Connecticut Studios”) has in recent months made significant progress in the development of the Connecticut Studios project (the “Project”); and
WHEREAS, Connecticut Studios expects to close in early September 2013, on bridge financing for the Project in the amount of approximately $7 million (the “Bridge Closing”); and
ITEM:
14. D. (Continued)
WHEREAS, at the Bridge Closing, Connecticut Studios will purchase from Andre Charbonneau approximate 17 acres of property located at Chapel Road and Route 5 in South Windsor (the “Charbonneau Property”); and
WHEREAS, promptly following the Bridge Closing, Connecticut Studios intends to take out structural building permits for the first two studios that are part of the Project; and
WHEREAS, at or prior to the Bridge Closing, Connecticut Studios will enter into a Revised Agreement Concerning Sparrow Habitat with the Town providing for, among other things, a payment to the Town at the Bridge Closing of at least $150,000, which the Town will hold in escrow and disperse to Jay’s Landscaping, LLC or alternate contractor as it performs the Landscaping proposal for Grassland Habitat, dated September 24, 2012; and
WHEREAS, at the Bridge Closing, dck North America, LLC (“dck”) will cause to be removed the mortgage (the “dck Mortgage”) that is placed on the real property deeded by the Town to Connecticut Studios by a certain Statutory Form Quit Claim Deed, dated October 26, 2009, and recorded on the land records of the Town at Book 2077, Page 183-187, as subsequently amended (the “Quit Claim Deed”); and
WHEREAS, a condition of the bridge financing is the removal of the automatic reverter provision (the “Reverter Provision”) set forth in the fourth paragraph of the Quit Claim Deed
NOW, THEREFORE, BE IT RESOLVED that the Town Council has determined that (1) the completion of the Bridge Closing, (2) the purchase of the Charbonneau Property, (3) the termination and removal from the land records of the dck Mortgage, (4) the execution of the Revised Agreement Concerning Sparrow Habitat, (5) the receipt by the Town of an escrow payment in the amount required under that Agreement, and (6) the payment to the Town by Connecticut Studios of the estimated cost of the structural building permits for the first two studios of the Project shall be sufficient grounds for the Town to waive or otherwise terminate the Reverter Provision contained in the Quit Claim Deed, and that the Town Manager be, and he hereby is, authorized to amend the Quit claim Deed and/or execute any and all other documents necessary to waive
or otherwise render null and void
ITEM:
14. D. (Continued)
said Reverter Provision, provided that he has determined that the six conditions set forth in this resolution have been met to his satisfaction after consultation with the Town Attorney.
E. Resolution Authorizing the Sale of Town Owned Parcel of Land
WHEREAS, the Town previously acquired from the State of Connecticut a .73-acre parcel of land abutting Buckland Hills Drive in the Gateway Zoning District identified by the Town Assessor as Map 38, Lot 13 (the “Parcel”); and
WHEREAS, the Parcel is undersized, nonconforming and presents topographical challenges to any reasonable use for development purposes; and
WHEREAS, an abutting property owner, Evergreen Walk, LLC, desires to purchase the Parcel so that it may be combined with adjacent land to meet the zoning regulation bulk requirements of the Gateway Zone; and
WHEREAS, the Town Assessor has determined during the 2012 revaluation that the fair market value of the Parcel is $177,600.00; and
WHEREAS, the Parcel currently generates no tax revenue for the Town; and
WHEREAS, the Town Council finds that it is in the best interests of the Town to permit the proposed sale of the parcel to Evergreen Walk, LLC subject to and expressly conditioned upon the following:
- Evergreen Walk, LLC shall pay to the Town of South Windsor $177,600.00 for the Parcel; and
- The parties shall enter into a binding Purchase and Sale Agreement approved by the Town Attorney and the Town Manager that includes but is not limited to a release in favor of the Town by Evergreen Walk, LLC for any claims as to title and all other known or future liabilities and claims relating to the Parcel; and
ITEM:
14. E. (Continued)
- Evergreen Walk, LLC 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 stating that 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.
BE IT RESOLVED that the Town of South Windsor hereby grants its permission for the transfer of the Parcel and authorizes the Town Manager to execute all necessary documents to facilitate the sale and transfer of the Parcel in accordance with the conditions outlined above and the terms of the Purchase and Sale Agreement; and
BE IT FURTHR RESOLVED that the “Resolution Authorizing Sale of Town-Owned Parcel of Land” heretofore at this meeting adopted, be submitted to the Town electors for approval, or disapproval, at the Referendum to be held on November 5, 2013; and that the warning of said referendum state the question to be voted on as follows:
“Shall the Resolution Authorizing Sale of Town-Owned Parcel of Land which authorizes, subject to the conditions set forth therein, the sale to Evergreen Walk, LLC of a parcel of land identified as Map 38, Lot 13, approved by the Town Council on September 3, 2013 be adopted?”
The ballot label for said question shall read as follows:
“Shall the Resolution Authorizing Sale of Town-Owned Parcel of Land which authorizes, subject to the conditions set forth therein, the sale to Evergreen Walk, LLC of a parcel of land identified as Map 38, Lot 13 for $177,600.00, which Resolution was approved by the Town Council on September 3, 2013, be adopted? YES/NO”
The warning of said Referendum shall state that the full text of said Resolution is on file open to public inspection in the Office of the Town Clerk.
ITEM:
14. E. (Continued)
AND BE IT FURTHER RESOLVED that the Town Clerk shall prepare explanatory text concerning the referendum, which shall be subject to review and approval by the Town Attorney. Upon such approval, the Town Clerk shall print and publish the explanatory text as provided in General Statutes §9-369b.
Was made by Councillor Snyder
Seconded by Councillor Anwar
The motion was approved, unanimously
Deputy Mayor Bazzano made a motion to suspend the rules and add Agenda Item I to the agenda. Councillor Prague seconded the motion; and it was approved, unanimously.
I. Resolution Concerning Participation in the Capitol Region East Operating Committee
WHEREAS, the Town desires to participate in the Capitol Region East Operating Committee, (“CREOC”) a Regional Household Hazardous Waste Collection Program Facility; and
WHEREAS, on June 6, 2013 CREOC adopted to accept the Town as a participating community in exchange for the payment of a one time membership fee totaling $4,631.22 and an annual assessment fee totaling $6,550.60 for Fiscal Year 2013/2014; and
WHEREAS, CREOC operates pursuant to an Inter-Community Agreement (“ICA”), the ICA dated as of July 1, 1995 which ICA has been reviewed by the Town Manager and the Town Attorney
NOW, THEREFORE, BE IT RESOLVED that the Town shall accept the invitation of CREOC to be a participating community in CREOC; and
BE IT FURTHER RESOLVED that the Town Manager be, and he hereby is, authorized to execute an agreement to become such a participating community, (“the Participation Agreement”), in a form that is satisfactory to the Town Manager upon consultation with the Town Attorney; and
ITEM:
14. I. (Continued)
BE IT FURTHER RESOLVED that the Town Manager be, and he hereby is, authorized to pay to CREOC a one time membership fee of $4,631.22; and
BE IT FURTHER RESOLVED that the Town Manager be, and he hereby is, authorized to pay to CRECO an annual assessment for Fiscal Year 2013/2014 of $6,550.60 and such future annual assessments and disposal costs as are charged to all participating communities on a per capita basis
Was made by Deputy Mayor Bazzano
Seconded by Councillor Anwar
Answering questions from the Council, Mr. Galligan explained that the funds are put into the budget on a yearly basis under the Public Works Department.
Mayor Delnicki called for a vote on the motion; it was approved, unanimously.
F. Resolution Approving a Refund of Taxes to Sixty-Four (64) South Windsor Taxpayers
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to sixty-four (64) South Windsor Taxpayers, the total of said refund being $27,396.60, and as more fully described on attached Exhibit C.
Was made by Councillor Beaulieu
Seconded by Deputy Mayor Bazzano
20. Adjournment
Deputy Mayor Bazzano made a motion to adjourn the meeting at 11:20 p.m. Councillor McCann seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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