AGENDA
TOWN COUNCIL WORK SESSION
COUNCIL CHAMBERS MONDAY, MARCH 15, 2010
SOUTH WINDSOR TOWN HALL TIME: 7:00 P.M.
1. Call Meeting to Order
2. Roll Call
3. Public Participation
[Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of the majority of the Town Council.]
4. Communications
5. Town Manager’s Report
[Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of the majority of the Council.]
6. Items for Discussion
7. Executive Session
A) Discussion of documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. § 1-200(6) and 1-210 (b)(5)(B) regarding The Connecticut Studios project
B) To discuss a possible tax assessment agreement for The NuWay Tobacco Company
8. Adjournment
* * * * * * * * * * * * * * * * * *
Public Participation is Invited on Any Agenda Item
AGENDA
TOWN COUNCIL REGULAR MEETING
COUNCIL CHAMBERS MONDAY, MARCH 15, 2010
SOUTH WINDSOR TOWN HALL TIME: 8:00 P.M.
1. Call Meeting to Order
2. Prayer: Reverend Ed Townley, Unity Church
3. Pledge of Allegiance
4. Roll Call
5. Public Input
[Per Town Council Rules, this segment of the meeting shall not exceed twenty (20) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
6. Environmental Health & Safety Message
7. Adoption of Minutes of Previous Meetings
8. Public Petitions
9. Communications from Officers and Boards Directly Responsible to Council
10. Communications and Reports from Town Manager
[Per Town Council Rules, this segment of the meeting shall not exceed ten (10) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
11. Reports from Standing Committees
12. Reports of Temporary Committees
13. Communications and Petitions from Council
[Per Town Council Rules, this segment of the meeting shall not exceed twenty (20) minutes unless extended by the Mayor, with the consent of a majority of the Council.]
14. Public Participation
[Per Town Council Rules, this segment of the meeting shall not exceed thirty (30) minutes unless extended by the Mayor, with the consent of a majority of the Town Council.]
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AGENDA
Regular Meeting – Town Council
Monday, March 15, 2010
15. Consent Agenda
[All items listed with an asterisk (*) are considered to be routine by the Town Council and will be enacted by one Motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the General Order of Business and be considered in its normal sequence on the Agenda.]
16. Unfinished Business
None
17. New Business
A. Resolution Approving a Tax Assessment Agreement with The NuWay Tobacco Company
B. Resolution Waiving the Bid Process for the Purchase of 40 Trees to Celebrate the 40th Anniversary of Earth Day
C. Resolution Opposing the Proposed 30.97% Overall Rate Increase by the Connecticut Water Company
D. Resolution Authorizing the Town Council to Refer the Barber Hill Road/Podim Property/Hay Lot Lease Agreement for Barber Hill Road to the Planning & Zoning Commission as required under CGS Section 8-24 for a Report
E. Resolution Authorizing the Town Council to Refer the R010 Barber Hill Road Land Lease Agreement to the Planning & Zoning Commission as Required under CGS Section 8-24 for a Report
F. Resolution Approving a Refund of Taxes to Fifty (50) South Windsor Taxpayers
18. Passage of Ordinance
A. Resolution Adopting an Amendment to Sections 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission” (tabled from 2/16/2010 meeting)
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AGENDA
Regular Meeting – Town Council
Monday, March 15, 2010
18. Passage of Ordinance (Continued)
B. Resolution Adopting a proposed Ordinance, an “Ordinance Adopting Special Events and Water Supplies and Hydrants” (tabled from 3/1/2010 meeting)
C. Resolution Adopting proposed Amendments to Ordinance #132, Chapter 86, Article II – Obstruction, Excavation and Driveways, Sections 86-36 and 86-48 (tabled from 3/1/2010 meeting)
- Resolution Adopting proposed Amendments to Ordinance #157, an “Ordinance Establishing the Fee Structure for Inland Wetlands Agency” (tabled from 3/1/2010)
19. Communications and Petitions from Council (Continued)
[This Agenda Item permits continued communications not covered under Item #13 due to time restraints.]
20. Communications and Reports from Town Manager (Continued)
[This Agenda Item permits continued communications not covered under Item #10 due to time restraints.]
21. Executive Session
A) Discussion of documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. § 1-200(6) and 1-210 (b)(5)(B) regarding The Connecticut Studios project
B) To discuss a possible Tax Assessment Agreement for The NuWay Tobacco Company
22. Adjournment
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RESOLUTIONS
Monday, March 15, 2010
7. Adoption of Minutes of Previous Meetings
(Councillor Prague)
BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings: Work Session of March 1, 2010; Public Hearings (3) of March 1, 2010; and Regular Meeting of March 1, 2010.
15. Consent Agenda
None
16. Unfinished Business
None
17. New Business
A. Resolution Approving a Tax Assessment Agreement with The NuWay Tobacco Company
(Councillor Bazzano)
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, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to The NuWay Tobacco Company to construct a 10-12,000 sq. ft. addition to their facility located at 200 Sullivan Avenue in South Windsor, Connecticut at an estimated cost of $2,000,000.00 in land and building improvements
(Resolution Continued on Next Page)
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
17. A. (Continued)
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a Tax Assessment Agreement between the Town and The NuWay Tobacco Company reducing the amount of the assessment of the new addition to the facility to be constructed at 200 Sullivan Avenue, South Windsor, Connecticut, having an estimated assessment of approximately $646,900.00 to $776,280.00 on said new improvements by 70% for a period of seven (7) years; therefore the estimated assessed value would be approximately $194,070.00 to $232,884.00 on said new improvements for a period of seven (7) years, commencing with the Grand List following the date of the Certificate of Occupancy on the new building, unless said assessment is changed by the Town in any future revaluation, in which case, the assessed value of said improvements to the real
property shall be reduced by 70% of said assessed value after revaluation; and
BE IT FURTHER RESOLVED that the South Windsor Town Council offers The NuWay Tobacco Company this Tax Assessment Agreement upon the condition that the business shall (1) meet the construction cost figures and agree to the estimated assessment figures; (2) continue operations in South Windsor for a minimum of ten (10) years; and (3) maintain its local facilities approximately at a minimum of the currently proposed levels of employment during this ten-year period; and, if it fails to meet these conditions, The NuWay Tobacco Company agrees to refund the Town of South Windsor all of the tax savings described herein which the Company has received.
B. Resolution Waiving the Bid Process for the Purchase of 40 Trees to Celebrate the 40th Anniversary of Earth Day
(Councillor Favreau)
WHEREAS, The Town of South Windsor wishes to plant 40 trees in commemoration of the 40th Anniversary of Earth Day ; and
WHEREAS, The Town of South Windsor wishes to plant Connecticut grown trees ; and
WHEREAS, The Town of South Windsor is aware of the constraints for the programs successful planting window ; and
(Resolution Continued on Next Page)
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
17. B. (Continued)
WHEREAS, in order to purchase and plant the trees before April 24, 2010, the bid process set forth in Section 714 of the Town Charter must be waived; and
WHEREAS, the Town Council, pursuant to Section 714 of the Town Charter, has determined that requiring the use of such bid process in this instance is against the best interest of the Town
NOW, THEREFORE, BE IT RESOLVED that the Town Council has determined that the bid process required pursuant to Section 714 of the Town Charter for the purchase of 40 trees is not in the best interest of the Town of South Windsor and is hereby waived; and
BE IT FURTHER RESOLVED that Town Tree Warden Karl E. Reichle is directed to negotiate and execute any and all contracts necessary to insure that the 40 trees are purchased and planted before April 24, 2010
C. Resolution Opposing the Proposed 30.97% Overall Rate Increase by the Connecticut Water Company
(Councillor Delnicki)
WHEREAS, Connecticut Water Company, on January 6, 2010, filed an application with the Connecticut Department of Public Utility Control for a 30.97 percent overall rate increase over a 3 year period; and
WHEREAS, approximately two-thirds of the geographical area of the Town of South Windsor is within the Connecticut Water Company Franchise Area, and approximately one-third of the geographical area of the Town of South Windsor is within the Metropolitan District Franchise Area; and
WHEREAS, as the present water rate charged by Connecticut Water Company is $6.36 per 1000 gallons of water; while the present water rate charged by the Metropolitan District Commission is $2.83 per 1000 gallons of water, a situation that causes inequality among the residents of South Windsor that will only be made worse if the proposed 30.97% Connecticut Water Company rate increase over 3 years goes through; and
(Resolution Continued on Next Page)
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
17. C. (Continued)
WHEREAS, water is the sustenance of life, and an increase of 30.97% over 3 years will place a substantial burden on the most vulnerable of our residents, our seniors, and families just making ends meet, not to mention the impact this will have on the Town Budget
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council, acting on behalf of the citizens and taxpayers of South Windsor, is opposed to the proposed 30.97% overall rate increase application filed by Connecticut Water Company with the Department of Public Utility Control on January 6, 2010; and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Department of Public Utility Control for their consideration during deliberations on the proposed 30.97% rate increase.
D. Resolution Authorizing the Town Council to Refer the Barber Hill Road/Podim Property/Hay Lot Lease Agreement for Barber Hill Road to the Planning & Zoning Commission as required under CGS Section 8-24 for a Report
(Councillor Havens)
WHEREAS, the Town of South Windsor has 14 acres of land on Barber Hill Road also known as Barber Hill Road/Podim Property Sledding Hill; and
WHEREAS, the Town of South Windsor wishes to lease 14 acres of this parcel for producing hay crops only; and
WHEREAS, the South Windsor Town Council has prepared a lease to that effect
NOW, THEREFORE, BE IT RESOLVED that the Council hereby refers the lease agreement to the Planning & Zoning Commission as required under CGS Section 8-24 for a report.
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
17. New Business (continued)
E. Resolution Authorizing the Town Council to Refer the R010 Barber Hill Road Land Lease Agreement to the Planning & Zoning Commission as Required under CGS Section 8-24 for a Report
(Councillor McCann)
WHEREAS, the Town of South Windsor owns 16.9 acres of farm land for farming on R010 Barber Hill Road; and
WHEREAS, the South Windsor Town Council has prepared a lease agreement for the purpose of leasing the said property at R010 Barber Hill Road
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby refers the lease agreement to the Planning & Zoning Commission as required under CGS Section 8-24 for a report.
F. Resolution Approving a Refund of Taxes to Fifty (50) South Windsor Taxpayers
(Councillor Hale)
BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to fifty (50) South Windsor Taxpayers, the total of said refunds being $19,931.44, and as more fully described on attached Exhibit A.
18. Passage of Ordinance
A. Resolution Adopting an Amendment to Sections 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission” (tabled from 2/16/2010 meeting)
(Councillor Prague)
BE IT RESOLVED that the South Windsor Town Council hereby adopts an amendment to Sections 2-200 through 2-220 of the South Windsor Code of Ordinances regarding “Boards, Commissions, Committees, Agencies, Authorities and Councils – Planning & Zoning Commission”, said Ordinance more fully described in attached Exhibit B., a copy of which is on file in the Office of the Town Clerk.
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
18. Passage of Ordinance (Continued)
B. Resolution Adopting a Proposed Ordinance, an “Ordinance Adopting Special Events and Water Supplies and Hydrants”
(Councillor Yagaloff)
BE IT RESOLVED that the South Windsor Town Council hereby adopts a proposed Ordinance, an “Ordinance Adopting Special Events and Water Supplies and Hydrants”, said Ordinance more fully described in attached Exhibit C., a copy of which is on file in the Office of the Town Clerk.
C. Resolution Adopting Proposed Amendments to Ordinance #132, Chapter 86, Article II – Obstruction, Excavation and Driveways, Sections 86-36 and 86-48
(Councillor Bazzano)
BE IT RESOLVED that the South Windsor Town Council hereby adopts proposed Amendments to Ordinance #132, Chapter 86, Article II – Obstruction, Excavation and Driveways, Sections 86-36 and 86-48, said Ordinance more fully described in attached Exhibit D., a copy of which is on file in the Office of the Town Clerk.
D. Resolution Adopting Proposed Amendments to Ordinance #157, an “Ordinance Establishing the Fee Structure for Inland Wetlands Agency”
(Councillor Favreau)
BE IT RESOLVED that the South Windsor Town Council hereby adopts proposed Amendments to Ordinance #157, an “Ordinance Establishing the Fee Structure for Inland Wetlands Agency”, said Ordinance more fully described in attached Exhibit E., a copy of which is on file in the Office of the Town Clerk.
19. Communications and Petitions from Council (Continued)
[This Agenda Item permits continued communications not covered under Item #13 due to time restraints.]
20. Communications and Reports from Town Manager (Continued)
[This Agenda Item permits continued communications not covered under Item #10 due to time restraints.]
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RESOLUTIONS
Regular Meeting – Town Council
Monday, March 15, 2010
21. Executive Session
A) Discussion of documents containing financial information provided in confidence and exempt from disclosure pursuant to C.G.S. § 1-200(6) and 1-210 (b)(5)(B) regarding The Connecticut Studios project
B) To discuss a possible Tax Assessment Agreement for The NuWay Tobacco Company
22. Adjournment
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