AGENDA
TOWN COUNCIL WORK SESSION
COUNCIL CHAMBERS TUESDAY, SEPTEMBER 3, 2013
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
A. Budget Surplus (requested by Councillor McCann)
B. Board of Education Elementary School Plan Recommendation Status by the Superintendent of Schools (requested by Councillor Snyder)
7. Executive Session
8. Adjournment
* * * * * * * * * * * * * * * * * *
Public Participation is Invited on Any Agenda Item
AGENDA
TOWN COUNCIL REGULAR MEETING
COUNCIL CHAMBERS TUESDAY, SEPTEMBER 3, 2013
SOUTH WINDSOR TOWN HALL TIME: 8:00 P.M.
1. Call Meeting to Order
2. Prayer: Nilofer Haider, Muslim Faith
3. Pledge of Allegiance
4. Roll Call
5. Public Input
[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.]
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. Reports from Standing Committees
11. Reports of Temporary Committees
12. 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.]
13. Unfinished Business
* A. Resolution Appointing William Butter (R) a Full Member to the Planning & Zoning Commission
- 1 -
AGENDA
Regular Meeting – Town Council
Tuesday, September 3, 2013
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
* 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
* 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
D. Resolution Concerning Reverter Provision in Deed to Connecticut Studios, LLC
E. Resolution Authorizing the Sale of Town Owned Parcel of Land
F. Resolution Approving a Refund of Taxes to Sixty-Four (64) South Windsor Taxpayers
G. Discussion Item – Budget Surplus (requested by Councillor McCann)
H. Discussion Item – Board of Education Elementary School Plan Recommendation Status by the Superintendent of Schools (requested by Councillor Snyder)
15. Passage of Ordinance
16. Public Input
[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.]
17. 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.]
- 2 -
AGENDA
Regular Meeting – Town Council
Tuesday, September 3, 2013
18. 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.]
19. Executive Session
20. Adjournment
- 3 -
RESOLUTIONS
Tuesday, September 3, 2013
7. Adoption of Minutes of Previous Meetings
(Councillor Havens)
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.
12. Consent Agenda
(Councillor Prague and Councillor Anwar)
Motion to approve Agenda Item 13. A. and 14. A. through 14. C. as the Consent Agenda.
(Please read dark headings, only, on Consent Agenda items.)
13. Unfinished Business
* A. Resolution Appointing William Butter (R) a Full Member to the Planning & Zoning Commission
(Councillor Prague)
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.
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
(Councillor Anwar)
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.
- 4 -
RESOLUTIONS
Regular Meeting – Town Council
Tuesday, September 3, 2013
14. New Business (Continued)
* 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
(Councillor Anwar)
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.
* 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
(Councillor Anwar)
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.
D. Resolution Concerning Reverter Provision in Deed to Connecticut Studios, LLC
(Councillor Yagaloff)
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 by _____________ (the “Bridget 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
(Resolution Continued on Next Page)
- 5 -
RESOLUTIONS
Regular Meeting – Town Council
Tuesday, September 3, 2013
14. D. (Continued)
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
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 Quite 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.
- 6 -
RESOLUTIONS
Regular Meeting – Town Council
Tuesday, September 3, 2013
14. New Business (Continued)
E. Resolution Authorizing the Sale of Town Owned Parcel of Land
(Councillor Snyder)
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:
1. Evergreen Walk, LLC shall pay to the Town of South Windsor $177,600.00 for the Parcel; and
2. 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
(Resolution Continued on Next Page)
- 7 -
RESOLUTIONS
Regular Meeting – Town Council
Tuesday, September 3, 2013
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 FURTHER 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.
- 8 -
RESOLUTIONS
Regular Meeting – Town Council
Tuesday, September 3, 2013
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.
F. Resolution Approving a Refund of Taxes to Sixty-Four (64) South Windsor Taxpayers
(Councillor Beaulieu)
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 A.
G. Discussion Item – Budget Surplus (requested by Councillor McCann)
H. Discussion Item – Board of Education Elementary School Plan Recommendation Status by the Superintendent of Schools (requested by Councillor Snyder)
15. Passage of Ordinance
16. Public Input
[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.]
17. 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.]
18. 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.]
19. Executive Session
20. Adjournment
- 9 -
| 
