TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 September 30, 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 7:03 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
Members Absent: Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
3. Public Participation
Mr. Steve Wagner, 181 Tumblebrook Drive came before the Town Council to inform the Council that there is an invasive species called the Japanese Knotweed which grows about 10 feet tall and spreads rapidly. There is Town property where these invasive species are and then it is spreading onto home owner’s property. Mr. Wagner explained further that it is very expensive to mitigate and encouraged the Town Council to help residents with this matter.
Mr. Jim Kupchunos, 1 Christine Lane came forward and stated that he has been doing research on the property where the athletic fields are being proposed. There was a $3 million dollar referendum that was done to purchase this property. There is $2.74 million that is supposed to be used for public use and recreation and $300,000 that is supposed to be used for farmland preservation. According to old paperwork, the purchase price for the property was $2.875 million dollars. More research is necessary to find out historically how much was actually spent on that property.
ITEM:
3. Public Participation (Continued)
Mr. Galligan explained to the Council and Mr. Kupchunos that one problem with this issue is that there is no deed restrictions placed on the deed so the Town Attorney is reviewing it and will be rendering an opinion.
Mr. Richard Gregorian, 369 Main Street came forward and explained that he had sent to the Town Council a request containing five questions as related to the athletic fields proposal. These questions were not answered and he would like answers to those questions. Mr. Gregorian repeated those questions, 1) How many of the 44 fields are being used since the Soccer Association appears to be using only 15? 2) Who uses the fields and what are the hours they are used? 3) Why are there no specific details on the agreement made with the developer to finance such as ownership, transfer of land from Town to developer as was publicly mentioned? 4) Since it has been stated that the subcommittee has been working for 18 months and has had 12 revisions there must be much more detailed information that is
available, where can the taxpayer of South Windsor find these reports? 5) Since the South Windsor citizens have a responsibility to their community to approve by referendum all of our community needs, where are the facts that substantiate the need for the proposed fields? Mr. Gregorian did ask another question which was why isn’t a synthetic field being put at the High School? Mr. Gregorian stated that he has heard that the proposed project has been scaled back with only one synthetic field.
Mr. Mike Sullivan, 24 Jared Court feels the questions that Mr. Gregorian has raised should be answered by the Town Council. Mr. Sullivan then stated that he came before the Town Council tonight to discuss the extension of the reverter clause for Connecticut Studios. Mr. Sullivan reiterated a request that he has asked for previously which is an accounting to date of what the Town has spent on this project.
4. Communications
Councillor Snyder informed the public and the Town Council that on Saturday, October 5, 2013 is Heritage Day. In conjunction with that event there is also a walkathon that is being sponsored by The South Windsor Public Education Fund which is under the South Windsor Community Foundation. The walk along Main Street will end at the site where Heritage Day is being held. All of the proceeds from the walkathon are going to support a video distribution system for the High School. This will benefit students, teachers and the community.
ITEM:
4. Communications (Continued)
Councillor Snyder also informed the Council and public that the Community Foundation had a meeting prior to the Council Meeting, a Friends of Recreation Fund has bee approved. A 501C3 will be established and it is hopeful that donations and grants will be collected to help fund the athletic fields moving forward with private monies.
Deputy Mayor Bazzano stated he could answer questions from Mr. Gregorian but felt the first question regarding the amount of fields and how they are utilized would be better answered by the Park & Recreation Department. There is no 63-20 or developer that would take ownership of the property. One of the only things that would happen using a lease is the lease is for a stated amount of time. At the end of the term, the Town purchases that asset. The Subcommittee originally looked at the High School to put a synthetic field but the neighborhood behind the High School was adamantly opposed to the Stadium Field having lights or synthetic. The Subcommittee felt that the 11 acres across the street was a good alternative because it is in close enough proximity to the High School where they would
still be able to utilize the field. The field could then be used by the High School as well as all other recreation sports in Town.
Mayor Delnicki announced that on Saturday, September 28, 2013 there was a grand opening for Hartford Hospital and on Tuesday, September 24, 2013 there was a grand opening for American Eagle Federal Credit Union. There is a new Business Person of the Year, Denise Carter.
5. Executive Session
None
ITEM:
6. Special Business
A. Resolution Extending Reverter Deadline
BE IT RESOLVED that the Town of South Windsor and the South Windsor Redevelopment Agency, acting through their duly authorized officials, extend to October 31, 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 Manger is authorized and directed to execute a Seventh Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
Was made by Councillor Havens
Seconded by Councillor Anwar
Mr. Galligan explained that when the Council passed the resolution at the last meeting regarding the reverter being taken off once the five conditions are met, he was under the impression that the reverter would stay until the conditions were met. The Town Attorney explained that he does not feel that is what the resolution does and felt that the reverter should be extended. In the packet there are federal credits for the fuel cell so the lender would like a letter from Stanley Morgan for the closing saying that those credits are viable and they are looking to purchase them. The lender would like everyone to update their letters and that has been done. The lender did ask the Town to update the appraisal but it was found that it would not be necessary.
Answering questions from the Council, Mr. Galligan explained that if the reverter was not extended then the Town would probably have law suits. The lender is doing their due diligence and would like commitment letters from all of the parties involved.
Mr. Craig Stevenson, Connecticut Studios explained that the lender that Connecticut Studios is working with asked for all of the commitment letters that are part of this deal to be updated. This deal is contingent upon each component doing its part. One of the issues that was run into was First Niagara was asked to update their commitment letter and they requested to do a background check on the principles involved in Connecticut Studios.
ITEM:
6. A. (Continued)
First Niagara used a firm out of California to run the background check and there were issues with the timeliness of that being done. It has now been done and First Niagara is satisfied. In addition it does takes time to work with the State of Connecticut. There were a lot of details that needed to be addressed. The bridge loan should be closed very soon.
Mr. Galligan explained that the Town Attorney is the one who is requesting that the reverter be extended.
Councillor Anwar felt that this is part of the Town’s commitment to make sure that the project moves forward and stated he would be supporting this resolution.
Councillor McCann explained that at the last meeting he had voted against removing the reverter because he felt that the reverter was the only leverage the Town had. The infrastructure agreement needs to get done and is an important aspect of this project going forward. Councillor McCann suggested that the reverter be extended to December 3, 2013 because there is still a lot of things that need to get done and he does not feel extending to October 31, 2013 will give enough time.
Councillor McCann made a motion to amend the resolution to extend the reverter deadline to December 3, 2013. Councillor Snyder seconded the amendment; and it was approved, unanimously.
Councillor Beaulieu voiced frustration over time and time again being asked to give extensions on the reverter. If this deal was properly structured and financed these requests would not be necessary. When Council members vote against certain resolutions for Connecticut Studios, they are not voting against jobs for South Windsor but are voting to protect the best interests of the Town.
Councillor Havens stated he would be supporting the resolution. Certainly Council members have been frustrated and are losing their patients. The Town Council has gone so far down the road on this that it needs to be taken a bit further to make sure it does happen.
Mr. Galligan explained to the Council that this is a difficult deal and takes a lot of time to make sure the project is going in the right direction.
ITEM:
6. A. (Continued)
Councillor McCann explained that he has voted in favor of every extension of the reverter clause. When it came last month to remove the reverter clause he felt that was a big mistake. Councillor McCann felt that the Town should not remove the reverter clause entirely because that was the one thing that the Town had that provided leverage to get this deal done. To vote against the further extension that is required by our Town Attorney would cause too much confusion and he would be supporting the resolution tonight.
Mayor Delnicki explained that the reverter clause is still in place and will be in effect until all of the conditions put on the developer are met.
Mayor Delnicki called for a vote on the amended resolution; it was approved, unanimously.
The amended 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 December 3, 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 Manger is authorized and directed to execute a Seventh Amendment to Quit Claim Deed extending the reverter deadline in accordance with the foregoing resolution.
7. Adjournment
At 7:53 p.m. Deputy Mayor Bazzano made a motion to adjourn the Special Meeting. Councillor Snyder seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid, Clerk of the Council
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