Town Council Regular Meeting
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 July 6, 2015
TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Anwar called the Regular Meeting to order at 7:00 p.m.
4. Roll Call
Members Present: Mayor M. Saud Anwar
Deputy Mayor Edward Havens
Councilor Carolyn Mirek
Councilor Andrew Paterna
Councilor Liz Pendleton
Councilor Matthew Riley
Councilor Janice Snyder
Councilor Stephen Wagner
Members Absent: Councilor Thomas Delnicki
Also Present: Keith Yagaloff, Town Attorney
5. Public Input
Mr. Robert Dickinson, 19 Birch Road came before the Town Council and expressed safety concerns for children who will be eventually walking or biking to the new Orchard Hill Elementary School. Mr. Dickinson suggested a continuous path or walkway be constructed on the other side of the street from the school with a single crosswalk opposite the school. The Planning & Zoning Commission will be having a Public Hearing on the school plan in about three weeks and Mr. Dickinson requested that Council members and residents go to the Public Hearing and give their input.
Ms. Jill Kaczmarek, 135 Talcott Ridge Road explained to the Council that she attended the End of the Year Dance at South Windsor High School. This event was held from 6:00 p. m. to 9:00 p.m. The music was radio edits of all songs. The school facilities should be used for this type of event to bring students together.
ITEM:
- Public Input (Continued)
Mr. Matthew Brown, 520 Deming Street came forward and stated that he is in favor of the project at the Priest Property and suggested moving the community gardens that are proposed on Deming Street over to the Priest Property. Mr. Brown also suggested that all community gardens be moved over to the Priest Property. Mr. Brown informed the Council that he is a Land Surveyor and would be happy to help the Town with the Priest Property project free of charge.
Mr. Mike Berghuis, 18 Mountain View Drive stated that the music from the dance was very loud and offensive. If the school wants to be good neighbors then when there is an event that is going to be happening that will impact the neighborhood, the neighborhood should be notified.
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: Joint Work Session with the Board of Education Minutes of March 25, 2015; Special Budget Work Session Minutes of April 8, 2015; Public Hearing Minutes of June 15, 2015; Special Meeting Minute of June 23, 2015 and July 1, 2015; and Regular Meeting Minutes of June 15, 2015.
Was made by Councilor Snyder
Seconded by Councilor Pendleton
The motion was approved, unanimously
8. Public Petitions
None
9. Communications from Officers and Boards Directly Responsible to Council
Councilor Snyder requested that Councilor Paterna bring the safety concerns regarding the children who will be walking and biking to the new Elementary School brought forward by Mr. Dickinson to the Public Building Commission.
ITEM:
10. Reports from Standing Committees
None
11. Reports of Temporary Committees
None
12. Consent Agenda
Councilor Snyder and Deputy Mayor Havens made a motion to approve Agenda Items 13. A.* through 14. F.* an Items 14. A.* through 14. F.* as the Consent Agenda. Councilor Wagner seconded the motion; and it was approved, unanimously.
13. Unfinished Business
* A. Resolution Reappointing Herbert Asplund (R) to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Herbert Asplund (R) to the Patriotic Commission for a term ending December 31, 2017.
(Approved by Consent Agenda)
* B. Resolution Reappointing Gene Botteron (R) to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Gene Botteron (R) to the Patriotic Commission for a term ending December 31, 2017.
(Approved by Consent Agenda)
ITEM:
13. Unfinished Business (Continued)
* C. Resolution Reappointing William Carroll (R) to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints William Carroll (R) to the Patriotic Commission for a term ending December 31, 2017.
(Approved by Consent Agenda)
* D. Resolution Reappointing Teri Dickey-Gaignat (R) an Alternate to the Patriotic Commission
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Teri Dickey-Gaignat (R) an Alternate to the Patriotic Commission for a term ending December 31, 2017.
(Approved by Consent Agenda)
* E. Resolution Reappointing Teri Dickey-Gaignat (R) to the Personnel Board of Appeals
BE IT RESOLVED that the South Windsor Town Council hereby reappoints Teri Dickey-Gaignat (R) to the Personnel Board of Appeals for a term ending November 30, 2017.
(Approved by Consent Agenda)
* F. Resolution Appointing William Flagg (D) an Alternate to the Planning & Zoning Commission
BE IT RESOLVED that the South Windsor Town Council hereby appoints William Flagg (D) an Alternate to the Planning & Zoning Commission for a term ending November 14, 2015.
(Approved by Consent Agenda)
ITEM:
14. New Business
* A. Resolution Appointing Bryan Jennings (D) to the Mass Transit and Highway Advisory Commission 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 Bryan Jennings (D) to the Mass Transit and Highway Advisory Commission for a term ending November 30, 2015 to fill a vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* B. Resolution Reappointing Nilofer Haider (D) to the Human Relations Commission 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 Nilofer Haider (D) to the Human Relations Commission for a term ending November 30, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* C. Resolution Reappointing James Throwe (D) an Alternate to the Patriotic Commission 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 James Throwe (D) an Alternate to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
14. New Business
* D. Resolution Reappointing Kent Carlson (D) to the Patriotic Commission 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 Kent Carlson (D) to the Patriotic Commission for a term ending December 31, 2017 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* E. Resolution Appointing Mary Justine Hockenberry (D) an Alternate to the Economic Development Commission 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 Mary Justine Hockenberry (D) an Alternate to the Economic Development Commission for a term ending November 30, 2015 to fill a vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
* F. Resolution Appointing Debbie Duarte (D) a Full Member 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 reappoints Debbie Duarte (D) a full member to the Board of Assessment Appeals for a term ending November 30, 2015 to fill a vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.
(Approved by Consent Agenda)
ITEM:
13. Unfinished Business (Continued)
G. Resolution Setting Terms for the Members and Alternates of the Board of Assessment Appeals (Board of Tax Review)
WHEREAS, the Town Charter of the Town of South Windsor provides in Section 502 that the Town Council shall appoint a Board of Tax Review; and
WHEREAS, the Charter requires that the Board of Tax Review shall consist of three members and two alternates; and
WHEREAS, the Charter provides for the dates of the initial appointment of the members of the Board of Tax Review and provides for four year terms; and
WHEREAS, in 1995, the Connecticut General Assembly changed the name of the “Board of Tax Review” to the “Board of Assessment Appeals” and the duties and responsibilities of the Board are set forth in the Connecticut General Statutes; and
WHEREAS, there has over time been some confusion with the terms of appointments for the members and alternates
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby fixes the terms of the members and alternates of the Board of Assessment Appeals (Board of Tax Review) to bring such terms into compliance with the Town Charter, as follows:
- The term of member Darren DeMartino (R) shall be effective through November 30, 2017;
- The term of member Kevin Greer (R) shall be effective through November 30, 2015;
- The term of a vacancy (previous Joan Walsh) (D) shall be effective through November 30, 2015;
- The term of alternate Carolyn Carey (R) shall be effective through November 30, 2015; and
(Resolution Continued on Next Page)
ITEM:
13. Unfinished Business (Continued)
- The term of alternate Debbie Duarte (D) shall be effective through November 30, 2017.
Was made by Councilor Pendleton
Seconded by Councilor Snyder
The motion was approved, unanimously
14. New Business (Continued)
G. Resolution Endorsing the Priest Farm Property Project
WHEREAS, in May 2014 Council established a Committee named the South Windsor Agriculture, Arts and Nature Center Committee, (SWAAN) to help create a project celebrating the farm heritage of South Windsor utilizing the Town owned property known as the Priest Farm, (approximately 75 acres, purchased in 1996 for $500,215.00), which will be a benefit to the community; and
WHEREAS, the SWAAN Committee has met for the past year developing strategic plans and evaluating the community uses of the Priest Farm property; and
WHEREAS, the SWAAN Committee has received $28,000.00 in grant money to be used for a feasibility study to include a study on the integrity of the structures on the property and the potential for reuse; conceptual planning of the entire property; and potential costs for upgrades; and
WHEREAS, the SWAAN Committee is exploring a variety of community uses, with focus on agriculture and education; and
WHEREAS, the SWAAN Committee has developed a history of the Priest Family Farm with the support of the South Windsor Public Library, Wood Memorial Library & Museum, South Windsor Historical Society, and the Town Planning Department staff; and
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
WHEREAS, the Town Council endorsement of the project will allow the SWAAN Committee to bring the ideas and plans to the public
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby endorses and supports the project at the Priest Farm property.
Was made by Councilor Paterna
Seconded by Councilor Snyder
Councilor Paterna made a friendly amendment to the last paragraph eliminating “the project” and replacing it with “improvements”. Councilor Snyder agreed with the friendly amendment.
Councilor Paterna then stated that the Committee has worked very hard over the past year and feels it is important to have the Council’s support of this project before ideas begin to be implemented into a plan.
Councilor Riley made a friendly amendment to the sixth paragraph (WHEREAS) eliminating “the project” and replacing it with “improvements”. Councilor Paterna and Councilor Snyder both agreed to the friendly amendment.
Deputy Mayor Havens stated he would be supporting this resolution and felt that the location for this project is terrific. The Committee has reviewed many uses for this property that will be brought back for a decision by the Council.
Mayor Anwar felt that this is an important project that will produce a lot of good resources for the community when it is complete.
The amended resolution to read as follows:
WHEREAS, in May 2014 Council established a Committee named the South Windsor Agriculture, Arts and Nature Center Committee, (SWAAN) to help create a project celebrating the farm heritage of South Windsor utilizing the Town owned property known as the Priest Farm, (approximately 75 acres, purchased in 1996 for $500,215.00), which will be a benefit to the community; and
(Resolution Continued on Next Page)
ITEM:
14. G. (Continued)
WHEREAS, the SWAAN Committee has met for the past year developing strategic plans and evaluating the community uses of the Priest Farm property; and
WHEREAS, the SWAAN Committee has received $28,000.00 in grant money to be used for a feasibility study to include a study on the integrity of the structures on the property and the potential for reuse; conceptual planning of the entire property; and potential costs for upgrades; and
WHEREAS, the SWAAN Committee is exploring a variety of community uses, with focus on agriculture and education; and
WHEREAS, the SWAAN Committee ha developed a history of the Priest Family Farm with the support of the south Windsor Public Library, Wood Memorial Library & Museum, South Windsor Historical Society, and the Town Planning Department staff; and
WHEREAS, the Town Council endorsement of improvements will allow the SWAAN Committee to bring the ideas and plans to the public
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby endorses and supports improvements at the Priest Farm property.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
H. Resolution Approving Offer of a Tax Fixing Agreement with South Windsor, LLC
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 improvements in Town through tax and other economic incentives, and is designed to retain and attract improvement projects that will generate substantial additional tax revenues for the Town; and
(Resolution Continued on Next Page)
ITEM:
14. H. (Continued)
WHEREAS, South Windsor Developers, LLC has proposed improvements to be known as The Residences at Evergreen Walk, which shall consist of nine apartment buildings with a total of approximately 200 apartments, a clubhouse and a Town Square, all as part of the residential component of the Evergreen Walk Master Plan Community; and once financing is in place, construction will begin and will take approximately 36 months to complete
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax fixing agreement between the Town and South Windsor Developers, LLC, fixing the real property assessment of the apartment buildings at values that would result in real property taxes of $2,500 per unit per year, for a period of five (5) years, beginning for each apartment building on the October Grand List of the Town following issuance by the Town of a Certificate of Occupancy for that particular buildings. The estimated property taxes for the nine apartment buildings is $500,000 per year for the term of the agreement; and
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer to South Windsor Developers, LLC is conditioned upon its meeting the terms of the agreement, and if South Windsor Developers, LLC fails to meet it obligations under the agreement, South Windsor Developers, LLC shall be liable to the Town for taxes and statutory interest accruing from the date of default, based upon the Town’s assessed value for each apartment building on the immediately preceding October Grand List, and not based upon the taxes as fixed pursuant to this agreement; and
BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is contingent upon South Windsor Developers, LLC executing a written agreement reflecting the terms set forth in the Resolution and such other terms as the Town may require.
Was made by Councilor Mirek
Seconded by Deputy Mayor Havens
(Resolution Continued on Next Page)
ITEM:
14. H. (Continued)
Answering questions from the Council, Town Attorney Yagaloff explained that the way the Tax Fixing Agreement is structured; the developer has to build a certain amount of apartment buildings consisting of a total of 200 units. The taxes would be $2,500 per year per unit for five years. This agreement caps the taxes for each building based upon the number of units. The developer will need to get their building permits and their Planning & Zoning application approved. The taxes will remain the same for five years as stated in the agreement. When the fixing agreement is over, the assessment will be based upon the then present assessment from the prior Grand List. In order to be competitive, the developer needs fixed costs in the early phases of this project.
Councilor Wagner stated he would be endorsing this project because it will produce taxes that the Town has not been receiving on this property. The project will also allow for additional residential units so more people may move to South Windsor.
Councilor Paterna stated that the Town is always looking for economic development and a 200 unit apartment complex is a large project. Councilor Paterna stated he would be supporting this incentive to bring a developer into the Town to do this project.
Deputy Mayor Havens, Councilor Riley and Mayor Anwar all voiced their support for this project. The project will be good for the community, businesses and the Town.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
I. Resolution Approving a Transfer of $164,404 from Two Capital Project Accounts to the Underground Storage Tank Capital Project Account
BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $11,529 from the completed Landfill Improvement Capital Project Account and $152,875 from the Town Hall Boiler & Control Replacement Capital Project Account for a total transfer of $164,404 to the Underground Storage Tank Capital Project Account, to cover costs that were unable to be financed through leasing.
(Resolution Continued on Next Page)
ITEM:
14. H. (Continued)
Was made by Councilor Pendleton
Seconded by Councilor Paterna
Answering questions from the Council, Ms. Perry who is the Director of Finance explained that when the Landfill Improvement project was completed there were excess funds. The Boiler Control was financed through leasing and the Town would like to take those funds to be used for the Underground Storage Tanks. So it was not a savings but is a different way to finance the project.
Councilor Snyder stated that it is not a requirement that this item go through the Capital Projects Committee but it should so the Capital Projects Committee has a better understanding of the project.
Councilor Pendleton requested that in the future a quarterly report go to the Council and the Capital Projects Committee so both know the status of projects.
Mayor Anwar called for a vote on the motion; it was approved, unanimously.
J. Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on an Appropriation of $74,000 from the Capital and Non-Recurring Expenditure Account
BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, July 20, 2015, at 8:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on an Appropriation of $74,000 from the Capital and Non-Recurring Expenditure Account to cover engineering costs associated with replacement of the track surface and installation of a multipurpose field at South Windsor High School.
Was made by Councilor Riley
Seconded by Councilor Snyder
The motion was approved, unanimously
ITEM:
15. Passage of Ordinance
None
16. Communications and Reports from Town Manager
None
17. Public Input
None
18. Communications and Petition from Council
None
19. Executive Session
At 7:45 p.m. Councilor Wagner made a motion to go into Executive Session to discuss personnel issues, (Clerk of the Council’s Review and Town Manager’s Review). Councilor Snyder seconded the motion; and it was approved, unanimously.
The following individuals went into Executive Session: Mayor Anwar, Deputy Mayor Havens, Councilor Mirek, Councilor Paterna, Councilor Pendleton, Councilor Riley, Councilor Snyder, Councilor Wagner, Town Manager Matthew B. Galligan (through conference call), and Clerk of the Council Deborah Reid.
At 8:45 p.m. Councilor Wagner made a motion to adjourn the Executive Session. Councilor Pendleton seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council