Town of South Windsor, CT Agendas & Minutes Archive - Town Council Special Meeting Minutes 01/27/2014

Town Council Special Meeting Minutes 01/27/2014

TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1 January 27, 2014

TOWN COUNCIL – Special Meeting

Council Chambers – South Windsor Town Hall

1. Call Meeting to Order

Mayor Anwar called the Special Meeting to order at 7:00 p.m.

2. Roll Call

Members Present: Mayor M. Saud Anwar

Councilor Thomas Delnicki

Councilor Liz Pendleton

Councilor Cary Prague

Councilor Janice Snyder

Councilor Stephen Wagner

Councilor Keith Yagaloff

Members Absent: Deputy Mayor Edward Havens

Councilor Carolyn Mirek

Also Present: Matthew B. Galligan, Town Manager

Kari Olson, Town Attorney

3. Public Participation

Ms. Susan Strange, 178 Palmer Drive came before the Town Council. Ms. Strange commented that she does not feel the reverter clause for Connecticut Studios should be extended tonight.

Mr. Kevin McCann, 170 Lisa Drive stated that he came forward to speak in favor of the elementary school project. Mr. McCann stated that he is in support of this project going to referendum. The plan is right for South Windsor and Mr. McCann urged the Council to put the bonding for these elementary schools to referendum.

Ms. Daria Plummer, 235 Orchard Hill Drive came before the Town Council representing the Senior Advisory Committee who are in support of the elementary school project. The Committee also voted and endorsed Wapping School to be used for Recreation offices. This would allow the Community Center to be used by the Human Services Department which needs more space.

ITEM:

3. Public Participation (Continued)

Mr. Mike Sullivan, 24 Jared Court questioned how the Council could extend the reverter clause for Connecticut Studios when it already has expired? There is another tax abatement on the agenda tonight and Mr. Sullivan stated that it is frustrating that the Town will handout tax abatements to developers that are already under construction. There is no reason to give a tax break to encourage someone to build here when they are already under way. Where is the tax breaks for residents. There is a proposal for Avery Street and Mr. Sullivan asked that if a rotary is being proposed, please share that with the residents. There is also a resolution to extend the services of Blum Shapiro on the agenda. Mr. Sullivan stated he has reviewed previous years reports and he is not impressed with their work. There are appointments and reappointments for the Park & Recreation Commission. The Council should re-visit what happened with the Athletic Fields Subcommittee before those appointments and reappointments are done.

Mr. Don Gonsalves, 40 Bayberry Trail came forward and stated that he has reviewed financial statements of the WPCA which are so bad and need correction. Their fund balance does not make sense. The sewer fees are out of line and should be corrected.

4. Communications

Councilor Pendleton announced and congratulated Evan Angell who has completed all of the requirements to become an Eagle Scout. Mr. Angell was honored at an Eagle Court of Honor on October 13^th.

Councilor Wagner stated that the Town Council received letters and financial reports from Blum Shapiro. The reports were favorable and items that needed to be corrected have been corrected.

Councilor Snyder stated that she is in support for “The Support South Windsor Schools organization”. This group is advocating for the elementary school plan. They have a website at supportsouthwindsorschools.org.

Councilor Wagner said he would like to encourage voters to support this referendum. Individuals that are interested in helping out, please contact Daria Plummer.

Mayor Anwar read a thank you note into the record from Mrs. Robin Bond.

ITEM:

4. Communications (Continued)

Mayor Anwar announced that there was a grand opening for Charles Schwab. There was also an expansion of Oxford Performance Materials in Town.

5. Adoption of Minutes of Previous Meetings

BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session Minutes of November 18, 2013; Special Meeting Minutes of December 16, 2013 and January 16, 2014; and Regular Meeting Minutes of November 18, 2013 and January 6, 2014.

Was made by Councilor Prague

Seconded by Councilor Delnicki

The motion was approved, unanimously

Councilor Yagaloff made a motion to Suspend the Rules to take the following items out of order, 8. CC., 8. DD., 8. EE., 8. KK., Executive Session, 8. II., 8. JJ. and 8. BB. Mayor Anwar seconded the motion; and it was approved, unanimously.

8. Special New Business

CC. Resolution Authorizing the Town Manager to Submit an Application to the Clean Energy Finance Investment Authority

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan to submit an application to the Clean Energy Finance Investment Authority for participation in Phase 3 of the Solarize Connecticut Campaign.

Was made by Mayor Anwar

Seconded by Councilor Yagaloff

Ms. Kate Donnelly who works for Smartpower came before the Town Council and explained that Solarize Connecticut is a campaign that began about one year ago by the Clean Energy Finance and Investment Authority, (CEFIA). The goal is to increase residential solar in the State of Connecticut. About twenty three communities are currently participating in the project. It has been effective in increasing the amount of solar installations by residents in

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ITEM:

8. CC. (Continued)

a 20 week program. This is a way for Town’s to choose a solar installer after a rigorous vetting process. The Town does not need to spend any money on this program. The Town would work with Smartpower and CEFIA to put a program together to help reach out to the community through letters to the community, lawn signs, marketing by the installers, workshops, etc. The more people participate, the less the cost is for the solar in the community. Currently it is coming in about 20% less then market prices because the installers are really enticed to do this and come in with less expensive pricing.

Councilor Prague questioned if anyone from the Council has solar? Councilor Wagner explained that he had tried to do solar but it did not work for his home. Only about 20% of houses qualify.

Ms. Donnelly explained to the Council that these incentives and tax rebates are available to everyone in Connecticut. The incentive from the State of Connecticut is not from taxpayer money, it is from utility customer money that is taken out from utility bills monthly.

Councilor Prague stated that would then raise the utility bills. Councilor Prague spoke against solar and see’s this as a net loss. When people get new roofs is when solar should be considered.

Councilor Pendleton spoke in support of solar.

Councilor Yagaloff spoke in favor of solar and stated that if the United States could move in the next 10 years to become 25% utilization from solar, wind and other sources that would mean that there would be a reduction in dependence on foreign oil. The community needs to be educated.

Ms. Donnelly stated that the costs have come down. The are approximately $3.50 per watt. About six years ago, the cost was $8.00 per watt. Answering questions from the Council, Ms. Donnelly explained that it would take approximately 5 to 7 years to see a savings with solar. That is the payback to pay what you invested. The customer would then have 20 years

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ITEM:

8. CC. (Continued)

of free electricity. Some panels are made in the United States and installers

and installers will offer both panels. Most people choose the panels that are not made in the United States because they are less expensive. There are different qualities of panels but the installers in this program offer a real good quality.

Ms. Donnelly explained that the panels have a warranty of about 20-25 years. The inverters need maintenance, but the panels themselves do not. The price difference between panels made in the United States and outside of the United States is approximately 10% difference.

Councilor Delnicki questioned if there are any issues with the Town endorsing a provider like this without putting out an RFP to other providers that might be offering a like type program? Town Attorney Kari Olson explained that this is a State wide program that is being offered.

Ms. Donnelly explained that CEFIA puts out an RFP to all approved solar installers in the State of Connecticut. Right now there is currently between 60 to 80 installers.

Councilor Delnicki stated that there is more then one organization proposing more. Ms. Donnelly stated that CEFIA is a quazi governmental agency which is chartered under the State of Connecticut.

Councilor Delnicki questioned again if there is any problem with the Town endorsing a specific organization? Town Attorney Kari Olson stated she would have to look into that to be sure but based on what she has heard it is very similar to the bid process through the DAS website.

Mr. Galligan said he feels the Town can move forward with the resolution but the Town Attorney will need to review this issue to make sure that whatever bid documents that are submitted by the company that they conform to the Town’s charter. The Town may have to put out a second bid request.

Town Attorney Kari Olson said she would get the opinion done within the next few days.

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ITEM:

8. CC. (Continued)

Ms. Donnelly explained that other Town’s that are participating with Solarize Connecticut are Manchester, Glastonbury, West Hartford, Hampton, Chaplin, Pomfret, Newtown, Greenwhich, Stamford, West Havens. Prior to this current round there was Portland, Durham, Fairfield, Westport, Mansfield, Willimantic and Canton. It has been more successful in some Towns then others.

Mayor Anwar called for a vote on the motion; it passed on a Roll Call vote of 6 to 1 with Mayor Anwar, Councilor Delnicki, Councilor Pendleton, Councilor Snyder, Councilor Wagner and Councilor Yagaloff voting in favor; and Councilor Prague voting in opposition.

DD. Resolution Approving an Emergency Contingency Plan for Elections

WHEREAS, according to Connecticut State Statute 9-174a-1, an Emergency Contingency Plan for Elections must be instituted by each municipality

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves the Registrars of Voters Emergency Contingency Plan for Elections as shown in attached, Exhibit A.

Was made by Councilor Yagaloff

Seconded by Councilor Wagner

Councilor Yagaloff stated that he had a couple of questions. The Registrar of Voters have put together an Emergency Plan for what happens at polling places in the event of some type of emergency. Section 23 is a concern because it talks about if there is an emergency and an alarm goes off in the building. It has the Assistant Registrar of Voter and Moderator controlling the voters but it says on the bottom once all occupants within the voting area have been evacuated then notify the Fire Department. Councilor Yagaloff feels that the notification of the Fire Department wasn’t the first thing done. The other area of question is the Library as an emergency site and would like to discuss with the Registrars of Voters if there is an alternative to holding voting at the Library as a backup to the High School.

Councilor Yagaloff made a motion to table action on this resolution. Councilor Prague seconded the motion; and it was approved, unanimously.

ITEM:

8. New Business (Continued)

Resolution Approving Offer of a Tax Assessment Agreement with Sullivan Place Centers, LLC

WHEREAS, a Request for Tax Abatement has been received from Sullivan Place Centers, LLC; and

WHEREAS, the Town of South Windsor’s Tax Partnership program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to retain and attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and

WHEREAS, pursuant to said program, that a tax assessment agreement, summarized in Exhibit B, be offered to Sullivan Place Centers, LLC as an incentive to invest an estimated $1,882,562 in total costs, including land and building improvements, and to construct two buildings in South Windsor (the land and building improvements collectively referred to as the “Real Property”)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax assessment agreement, as summarized in Exhibit B, between the Town and Sullivan Place Centers, LLC as outlined in Exhibit B; and

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is conditioned upon Sullivan Place Centers, LLC (1) meeting the estimated $1,882,562 in construction cost figures and agreeing to the estimated assessment figure; and (2) continuing operations at the Real Property for a minimum of ten (10) years from the date the Certificate of Occupancy is issued; if Sullivan Place Centers, LLC fails to meet either of these conditions, Sullivan Place Centers, LLC shall refund the Town of South Windsor all of the tax benefit reductions it has received; and

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ITEM:

8. EE. (Continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is contingency upon Sullivan Place Centers, LLC execution of a written agreement reflecting the terms set forth in this Resolution and such other terms as the Town may require.

Was made by Councilor Snyder

Seconded by Mayor Anwar

Mr. Galligan explained that this approval went back to September. The make up of the Economic Development Commission has changed and there was confusion regarding tax abatements. This is not something considered now as the building is being constructed. The developer did spend $150,000.00 for a traffic light which has worked out very well on Sullivan Avenue. Access management has also been done on the site.

Mr. Phil Karsonist, 855, Sullivan Avenue came before the Council on behalf of Sullivan Place Centers, LLC. Presently Sullivan Place Centers, LLC is before the Department of Transportation discussing putting in a bypass lane. This is to maintain the flow on Sullivan Avenue while still having accessibility and safety for the patrons pulling into the new complex. A conservation easement would be given to the Town of South Windsor consisting of 8.49 acre which abuts the Major Michael Donnelly Land Preserve. The wetlands have been enhanced in the area with the creation of a plunge pool. Sullivan Place Centers, LLC will be supporting other local businesses in Town as well as creating new business and jobs. Phase I of the complex will not turn a profit. The continuation of construction into Phase II will allow the businesses to turn a profit. Sidewalks will be constructed.

Councilor Yagaloff and Councilor Wagner both spoke in favor of this resolution.

Answering questions from Councilor Delnicki, Mr. Karsonist explained that the amount spent on improvements to this property was approximately $300,000 over budget. The process was first entered into in late spring. The reason this project is progressing so fast is because the one tenant that Mr. Karsonist does have has to be in by a certain date.

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ITEM:

8. EE. (Continued)

Councilor Delnicki suggested that something be done so the Council has a heads up on different projects so there are no surprises. Mr. Galligan stated that one of the Mayor’s suggestions is a full time Economic Development Coordinator. Councilor Delnicki then suggested that a list of projects that are coming through the Town and Economic Development Commission be created and given to the Town Council.

Councilor Prague complimented the developer on using local businesses for this project and stated he would support this resolution.

Mayor Anwar said he would also support this resolution.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.

KK. Discussion Item: Ambulance Service of Manchester (Wayne Wright to be present)

Mr. Dave Skoczulek, Director of Business Development and Community Relations for the Ambulance Service of Manchester came before the Town Council to give the Council history of Ambulance Service of Manchester as well as a description of services that Ambulance Service of Manchester provides, as shown in attached, Exhibit C.

Mayor Anwar requested that the presentation be put onto the Town’s website.

Answering questions from the Council, Mr. Skoczulek explained that there needs to be more conversations and research between Ambulance Service of Manchester and the Town to discuss the locations that make the most sense for the ambulances to be stationed. Ambulances will be stationed in Town to provide ALS and BLS services. Mr. Skoczulek added that the ambulance stationed in South Windsor would be a dedicated ambulance to the Town and would not be used for other purposes.

Mr. Galligan explained that Ambulance Service of Manchester would be a part of the Town’s emergency plan. For other emergencies, the Town will also have discussions to determine appropriate response times.

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ITEM:

8. KK. (Continued)

Councilor Wagner requested that the Town Manager comment on Connecticut Council of Municipalities along with legislature working together to change the PSA.

Mr. Galligan explained that there are a lot of Towns that are concerned about the response times as well as the level of patient care. The Town is required to prepare EMS responses and set the criteria, response time, patient care but yet has no control over who will provide that service. Municipalities should have the right to choose who they wish to provide that service.

Mayor Anwar stated that the Council unanimously supported ASM and have already stated the reasons why. The Town Council wants the best care available for the community.

9. Executive Session

At 8:39 p.m. Councilor Yagaloff made a motion to go into Executive Session to discuss potential claims and litigation. Councilor Wagner seconded the motion; and it was approved, unanimously.

The following individuals were invited into Executive Session: Mayor Anwar, Councilor Delnicki, Councilor Pendleton, Councilor Snyder, Councilor Wagner, Councilor Yagaloff, Town Manager Matthew Galligan, Town Attorney Kari Olson, Mr. Tony DelVicario; Halden Acquisition Group, his attorney and Mr. Stevenson; Connected to Connecticut.

At 9:44 p.m. Councilor Prague made a motion to adjourn the Executive Session. Councilor Wagner seconded the motion; and it was approved, unanimously.

ITEM:

8. Special New Business (Continued)

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 March 6, 2014, 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 had previously been extended; and

BE IT FURTHER RESOLVED that the Town Manager is authorized and directed to execute a Ninth Amendment to Quit claim Deed extending the reverter deadline in accordance with the foregoing resolution.

Was made by Councilor Wagner

Seconded by Councilor Snyder

Mr. Galligan explained that at the Executive Session held on January 16, 2014, Mr. Robert Bradley came from Massachusetts to discuss all of the financing of Connecticut Studios. Mr. Bradley had given the Council a level of comfort. Tonight there was an Executive Session because the Council is looking to extend the reverter. The Halden Acquisition Group who is a partner of Connecticut Studios filed an involuntary bankruptcy proceeding which was a strategic structure to stop dck from holding them back until the closing takes place. Mr. Galligan stated that he and the Town Attorney met today trying to go through the strategy that is taking place. Mr. Robert Bradley sent an email saying that this is not an issue with them and they would still be moving forward with the closing and the bridge loan. This issue does not have anything to do with the project. Connecticut Studios is a separate entity from Halden Acquisition. The Town has been told that this is a ploy to protect and move this project forward. During this whole process, Clear Edge who is a fuel cell company in South Windsor have bought the rights to UTC Fuel Cell. They are revamping their industry and are still looking to do the fuel cell. Mr. Galligan explained that he met with Clear Edge as well as the principles of Connecticut Studios and questioned why a South Windsor business was not getting the business for the fuel cell. As of January 23^rd they have an agreement which consists of the installation

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ITEM:

8. II. (Continued)

of a fuel cell at the facility. Mr. Galligan stated he feels the best way to protect the taxpayer is to support this resolution.

Councilor Yagaloff stated he has voted against the reverter in the past because he wanted to put pressure on Connecticut Studios and the developers to get this project complete, but would be supporting this resolution tonight. The Town now has a problem with DCK who has decided that they will work against the project. DCK needs to work with Connecticut Studios. The Town Council needs to work together to show that the project is important to South Windsor.

Councilor Delnicki stated he would be supporting this resolution tonight to protect the legal position of South Windsor and the taxpayers of South Windsor.

Mayor Anwar explained that the Town Council has received a lot more information then the public has on this project. A South Windsor company will benefit from this project and jobs will be created. The project has been challenging but it should be recognized that there are a lot of positives that are happening. Mayor Anwar stated he would be supporting the extension of the reverter clause.

Mayor Anwar called for a vote on the motion; it was approved, unanimously.

JJ. Discussion Item: Water Pollution Control Authority

Chairperson Richard Aries of the Water Pollution Control Authority came before the Town Council and gave an overview of the Water Pollution Control Authority, as shown in attached Exhibit D.

Mayor Anwar requested that the presentation be put on the Town’s website.

Councilor Wagner stated that Councilor Pendleton and himself are Liaison’s to the WPCA which means that they attend meetings when they can and also have spent time reviewing the WPCA’s responsibilities. Councilor Wagner explained that he has reviewed the financials and he does not see anything wrong going on in the WPCA. The financial statement is

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ITEM:

8. JJ. (Continued)

complicated because of the way the Town has to report the way money is handled which makes transparency difficult. Anything that could be done to make it easier for residents to understand would be appreciated. The WPCA had an obligation to pay the first payment on the new facility upgrade so money was moved around to pay that earlier and save the Town money. Councilor Wagner mentioned that the Town has relationships with neighboring Towns.

Mr. Aries explained that there are intertown agreements that exist with Manchester and Vernon. It would be much more expensive for South Windsor to have a pump station. The residents charged from Vernon are charged more and the Town of South Windsor subsidizes those payments in the budget.

Councilor Wagner stated that he personally supports the concept of reserves which are being funding for the first time this fiscal year.

Councilor Pendleton thanked the WPCA for presenting the presentation tonight and stated that she would be working with the WPCA on the Taskforce to come up with various ways to make equitable fee’s across the board.

Mr. Galligan stated that the facility upgrade was completed approximately 9 months before the date it was proposed to be complete and rather then having the interest accrue, the Town saved about $250,000 in interest costs by having WPCA start to make those payments earlier. The Town picked up the payment of the taxes in July. The Taskforce is going to meet again to try to come up with some sort of fair and equitable solution. Ideas will be shared with WPCA.

Mayor Anwar felt that going forward with the enterprise fund would make the financials more understandable.

Councilor Yagaloff stated that the ideal situation would be to bill on actual usage and it sounds like WPCA has the same goal as the Town Council. Councilor Yagaloff said he is looking forward to seeing proposals from the Taskforce.

ITEM:

8. Special New Business (Continued)

BB. Resolution Accepting the Resignation of Robert Wilson (R) from the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Robert Wilson (R) from the Public Building Commission; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Robert Wilson for the time he has dedicated serving his community by his membership on the Public Building Commission.

Was made by Councilor Snyder

Seconded by Mayor Anwar

The motion was approved, unanimously

6. Consent Agenda

Councilor Yagaloff made a motion to approve Agenda Items 7. A.* through 7. Q.* and Councilor Delnicki made a motion to approve Agenda Items 8. A.* through 8. Z* as the Consent Agenda. Mayor Anwar seconded the motion; and it was approved, unanimously.

7. Special Unfinished Business

* A. Resolution Reappointing James Kupchunos (D) to the Zoning Board of Appeals

BE IT RESOLVED that the South Windsor Town Council hereby reappoints James Kupchunos (D) to the Zoning Board of Appeals for a term ending November 30, 2017.