Video index
1. Call Meeting to Order
8
2. Prayer: Councillor Prague
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
After the pledge was complete Mayor Delnicki read a proclamation into the record for the Public Works Department (National Public Works Week). Then individuals were recognized with awards. Thanked Joe Carino Business Partner - Lloyd ______ Construction, LLC Business Partner - Allison Moore and Josh ________ - (ESRI GIS) Employees Recognized - Dawn Mulholland and Ian MacGregor
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.]
Don Gonsalves, Need ground rules for public participation. At the last meeting I wanted to speak and makes comments on the mill rate and the pension. I would like to know the rules. I am not going to be challenged by the members of the Council. Another problem is that every Mayor has different rules. I want to know when I can participate and when I can not. The other problem - length of time speaking - I speak 3-5 minutes. on March 20th there was a person that stood up and talked for 45 minutes and that deprived me of talking because I had to leave. He should have been shut off. Bigger problem October 17, 2011 - I wanted to review the health insurance - it was put on the agenda but only given 15 minutes because someone was talking about the telephone poles on West Road and that person spoke for 45 minutes. People have to be restricted on how long they talk. I want rules and regulations. the public has to know when we can speak. Mayor - for the record I have always indulged you to speak. I have more favorable and fair to people to speak. I have respected your right to speak and will continue to. Mike Sullivan, 24 Jared Court - follow up on what Don said - I will acknowldge that when you took over as Mayor you said you would allow and encourage public to speak. You have done well and do know iti sdiffiuclt to have consistency at times. Established rules may help. I really enjoyed that presentation for Public Works. They are the finest department. I continually am impressed with their skills. Wanted to follow up with budget deliberations. During your consideration I tried to birng up several times is the 2007 referendum Council was supposed to adhere to the fund balance requirements. You need a two year plan to get the fund balance to where it is supposed to be. I am hoping that the Town Counicl will identify ways to bring the fund balance up. there will be other priorities that will come before the Town Council. There are a number of ways to finance and am waiting for a resolution to set policy regarding financing. I know the Town has done leases before and do not know how the town has come to that decision. if leases or other arrangements were done historically - Mayor - that will be a discussion at the next meeting.
6. Environmental Health & Safety Message
7. Adoption of Minutes of Previous Meetings
Yagaloff, Anwar, unanimous
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 a Rate Maker for Fiscal Year 2013/2014
Snyder, McCann, unanimous
14. New Business
A. Resolution Accepting the Resignation of Clifford Slicer (D) an Alternate from the Board of Assessment Appeals
Havens, Anwar, unanimous
B. Resolution Regarding the Sale of 85 Nutmeg Road
Prague, Anwar Mayor - at the last meeting there were a number of pre-requisites included, please review Kari - basically outlined in #1-5 - one condition that Dr. C - would merge the property with the property he currently owns. agreement between Town and Mr. Exman is null and void, taxes, qualify tht he was to come to the council with a redevelopment - condition of a#5, Mr. Exman execute a release to the town regarding the agreement. One thing that has changed I did not agree that that be mutual - Mr. Exman's attorney asked if the agreement coudl be mutual. I put it in the resolution with the intent to discuss this. mutual releases does not have the town giving up anything further. Prague - I have been part of these lousy deals for the past 8 years. Can we stipulate that if they did not execdute thie within a certain time that it becomes mull and void. I want to see a date in here. I am not going to vote yes unless there is some type of date. Olson - you makes a good point. by including the purchase and sale agreement I was going by that date. Closing date is 24th of May. It was my purpose to go to the purchase and sale agreement - could be modified to make it clear. END - specifically including a closing date of May 24, 2013. Prague - friendly amendment Anwar - have been waiting for this for so long - Prague - no later then June 15, 2013 (friendly amendment); Olson - should state if it does not happen then this resolution is null and void and the approval is withdrawn Yagaloff - everything that we talked about is in here but the mutual releases. the tax lien and the was it really date 2010 - January 15, 2010 agreeemnt which was the original agreement with Jan Exman Olson - according to my copy it is January 15, 2010. The Town acquired the property earlier than that. Yagaloff - I think we stayed out of that because we did not want the property. The mutual release, the oriignal agreement goes away and then we agree to allow them to go with tier agreement and then we don't have any - so why would we want to we don't know the condition of the inside of th eporperyt. Lets say Exman did someonthign to the property and interferes with Dr. Con going forward, we have no recourse. The other thing that is interesting is the agreemetn becomes null and void, what happens to the tax abatement so would they owe us taxes. does the release, release him from prior taxes and can the town release prior taxes Olson - pursuit to the agreement Mr. Exman had four years before he woudl be in breach. At this juncture I don't see any justification that would say he would owe taxes. Yagaloff - if the agreement becomes null and void does the abatemetn become null and void. under the agreement he did not meet the requiremetns. Olson - this is not a general release, it is a limited release and I think that addresses your concern if he di anything to the property. it would be Dr. Constantinos obligation and due diligence to make sure the property is protected. Yagaloff - we gave up tax revenue for many years. now we are talking about giving this person a release I don't know what our benefit for doing that would be. Olson - what would you believe you woudl be retaining of the agreement - if you give the mutual release - this conveyance agreement left a lot of holes in your ability that you considered Yagaloff - we have had some really bad contracts that we have had to deal with. why would we want to do a mutual release. I don't care if we give him a release. Olson - certainly made clear that that had not been presented to the council and it was the councils decision. Limited release was being done, not a general - strickly limited to that agreement. Yagaloff - if any one else is concerned we can amend McCann - there are a number of things that the buyer is required to do but I don't see- the provision of the town being released - to make it enforceable. relasing him from continuing obligations, if he truly wants to sell this property to Dr. Constantino he needs your permission. McCann - I don't see specific permission Olson - 6th WHEREAS - McCann - typically you woudl not provides that in a WHEREAS Olson - we can amend - last paragraph - Town of South Winderhere y grant its permission for the transfer of the oprperty and authorizes the TM to executea t specificaly including including a closing date of June 15, 2013, should the clsoing not take place by that date the permission granted herein is withdrawn. McCann amendment as stated, Prague 8-1 passed, - amendment Yagaloff - any reason town needs release from Mr. Exman conveyance agreement talks about Yagaloff - amend 2 - strik the town and read 85 LLc shall execute at the closing of the property ; Anwar second, Anwar - is this going to delay this process? Oslon - I asked that question and received no answer Havens - we hired an attorney to draw this up - have you talked about this with the seller and the buyer - I think we hired an attorney to do the job an dif we amend it any further we should bring the seller and buyer forward to agree upon this. Yagaloff - when you talked to them - the original was not the mutual release - told us up front that was not somethign we had seen or discussed nd asked us what we thought of it. I did not feel they have not given us any thing in exchange. there is not reason for us to give him a release. we are allowing his to go forward with the sale, we need to protect ourselves from the unknowns. this is aproperty with hazardous conditions. this was never discussed before and will not effect Dr. Constantino. Protect the town with Mr. Exman. Olson - one of th econcerns was perhaps the attorney may not have paid attention. with the exception of themutula release everythign else was agreed upon. did make is clear that was not sure the council would agree to a mutula release. the town was not losing anything by giving the release. can appreciate Councillor Yagaloff's concerns. the down side is that the deal falls apart. Yagaloff -do not see the deal fallling apart. can discuss at next meeting. do not see what Mr. Exman has givien us in return. Feel we should protec the town. Olson - more likely they would ask the council to reconsider. Yagaloff - we would have plenty of time before the 15th. Olson - and they would have to amend their purcahse and sale agreement Amendment - unanimous Sullilvan - potential - release to Mr. Exman - that the deal falls thorugh - that the environmental clean up does not fall through - there must be agreement between the parties. obligation to protect the environment. the agreement shoudl include an arrangmeent between the parties. Yagaloff - for the members of th epublic - is it fair to say that the property would come back o the tax roles and there is no abatement - Olson - yes Yagaloff - it is the two combined properties for the two merged properties? Olson - yes Yagaloff - ther eis no agreement regaridng the environmental remedication as far as we are aware of? Olson - as far as we are aware of - Dr. Constantino is in receipt of environmental study and there is little left ot be done. Anwar - from teh conversation that we have had that phase II - there was gong to be a plan to implemnent a plan to clean up the place Yagaloff - Mr. constantio is making a significant financial cost to remediate this property so he has greater incentive to get the property remediated then Mr. Exman. Olson - tha tis coreect Yagaloff - this property is immeidately goin gon the tax roles without an abatement and relying on Dr. Constantino to get this property back on the market. we are relying on a private developer to do this. Olson - I can't speak to what Mr. Exman has done on the property. Yagaloff - so the town is cutting its loses at htis point and hopeful that the new developer will do what they need to do. with the finaical involvement he has it would not make sense fo rhis to go further. Havens - the contract brings up a lot of good points. it brings up items we are concerned - nothing is for sure so I think we are assuming a great deal after this contract is signed. this contract could go back to the attorney, will support because it is better than nothing. disaponted that we are assuming. want to make sure we are covered. will support the final resolutin but will never get Delnicki - there are a number of positives to this. each property is not worth what the properties are joined together. and will be the responsibility of one owener. this will yield tax dollars and this will be the first time we get tax dollars from the property in a long time. . the new owners will have money invested and will have a reason to do somehting with the property. the best deal we can come up with at this point and will support. Olson - the town was lookin gto spend money to condemn this property. as an alternatives there is a buyer willing to fix the property and get it back on the tax roll. I don't know that you really have the muscle to force Dr. Constnatino to do somethign in a time frame. Amended REsolution - approved, unanimously
C. Resolution Approving a Refund of Taxes to Seventeen (17) South Windsor Taxpayers
Anwar, Bazzano, approved, unanimously
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.]
Prague - number of people in the picnic in the park. Public Works has been putting the signs up. 5 years ago 200 people to 3-4 thousand people. the fire works was wonderful. McCann - when this agenda was put together there was one item that the agenda include was the notice - the notice is not waht is required. rules are clear but they need to be publlized - need to b - just as required - should put the notice in the agenda. Mayor - the rules are much more stringent thatn waht I allow but I believe in hearing form the public Mayor 27th, 10am - the Town and the Patriotic Commission will hold Memoral Day parade - Treatment plant dedication 23rd, the newest eagle scout Spencer - great job
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.]
no report
19. Executive Session
20. Adjournment
Prague, Bazzano, at 9: 17 p.m.
May 20, 2013 Town Council Regular Meeting
Full agenda
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Video Index
Full agenda
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1. Call Meeting to Order
8
2. Prayer: Councillor Prague
3. Pledge of Allegiance
4. Roll Call
Roll call (10 Present, 0 Absent, 0 Excused)
After the pledge was complete Mayor Delnicki read a proclamation into the record for the Public Works Department (National Public Works Week). Then individuals were recognized with awards. Thanked Joe Carino Business Partner - Lloyd ______ Construction, LLC Business Partner - Allison Moore and Josh ________ - (ESRI GIS) Employees Recognized - Dawn Mulholland and Ian MacGregor
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.]
Don Gonsalves, Need ground rules for public participation. At the last meeting I wanted to speak and makes comments on the mill rate and the pension. I would like to know the rules. I am not going to be challenged by the members of the Council. Another problem is that every Mayor has different rules. I want to know when I can participate and when I can not. The other problem - length of time speaking - I speak 3-5 minutes. on March 20th there was a person that stood up and talked for 45 minutes and that deprived me of talking because I had to leave. He should have been shut off. Bigger problem October 17, 2011 - I wanted to review the health insurance - it was put on the agenda but only given 15 minutes because someone was talking about the telephone poles on West Road and that person spoke for 45 minutes. People have to be restricted on how long they talk. I want rules and regulations. the public has to know when we can speak. Mayor - for the record I have always indulged you to speak. I have more favorable and fair to people to speak. I have respected your right to speak and will continue to. Mike Sullivan, 24 Jared Court - follow up on what Don said - I will acknowldge that when you took over as Mayor you said you would allow and encourage public to speak. You have done well and do know iti sdiffiuclt to have consistency at times. Established rules may help. I really enjoyed that presentation for Public Works. They are the finest department. I continually am impressed with their skills. Wanted to follow up with budget deliberations. During your consideration I tried to birng up several times is the 2007 referendum Council was supposed to adhere to the fund balance requirements. You need a two year plan to get the fund balance to where it is supposed to be. I am hoping that the Town Counicl will identify ways to bring the fund balance up. there will be other priorities that will come before the Town Council. There are a number of ways to finance and am waiting for a resolution to set policy regarding financing. I know the Town has done leases before and do not know how the town has come to that decision. if leases or other arrangements were done historically - Mayor - that will be a discussion at the next meeting.
6. Environmental Health & Safety Message
7. Adoption of Minutes of Previous Meetings
Yagaloff, Anwar, unanimous
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 a Rate Maker for Fiscal Year 2013/2014
Snyder, McCann, unanimous
14. New Business
A. Resolution Accepting the Resignation of Clifford Slicer (D) an Alternate from the Board of Assessment Appeals
Havens, Anwar, unanimous
B. Resolution Regarding the Sale of 85 Nutmeg Road
Prague, Anwar Mayor - at the last meeting there were a number of pre-requisites included, please review Kari - basically outlined in #1-5 - one condition that Dr. C - would merge the property with the property he currently owns. agreement between Town and Mr. Exman is null and void, taxes, qualify tht he was to come to the council with a redevelopment - condition of a#5, Mr. Exman execute a release to the town regarding the agreement. One thing that has changed I did not agree that that be mutual - Mr. Exman's attorney asked if the agreement coudl be mutual. I put it in the resolution with the intent to discuss this. mutual releases does not have the town giving up anything further. Prague - I have been part of these lousy deals for the past 8 years. Can we stipulate that if they did not execdute thie within a certain time that it becomes mull and void. I want to see a date in here. I am not going to vote yes unless there is some type of date. Olson - you makes a good point. by including the purchase and sale agreement I was going by that date. Closing date is 24th of May. It was my purpose to go to the purchase and sale agreement - could be modified to make it clear. END - specifically including a closing date of May 24, 2013. Prague - friendly amendment Anwar - have been waiting for this for so long - Prague - no later then June 15, 2013 (friendly amendment); Olson - should state if it does not happen then this resolution is null and void and the approval is withdrawn Yagaloff - everything that we talked about is in here but the mutual releases. the tax lien and the was it really date 2010 - January 15, 2010 agreeemnt which was the original agreement with Jan Exman Olson - according to my copy it is January 15, 2010. The Town acquired the property earlier than that. Yagaloff - I think we stayed out of that because we did not want the property. The mutual release, the oriignal agreement goes away and then we agree to allow them to go with tier agreement and then we don't have any - so why would we want to we don't know the condition of the inside of th eporperyt. Lets say Exman did someonthign to the property and interferes with Dr. Con going forward, we have no recourse. The other thing that is interesting is the agreemetn becomes null and void, what happens to the tax abatement so would they owe us taxes. does the release, release him from prior taxes and can the town release prior taxes Olson - pursuit to the agreement Mr. Exman had four years before he woudl be in breach. At this juncture I don't see any justification that would say he would owe taxes. Yagaloff - if the agreement becomes null and void does the abatemetn become null and void. under the agreement he did not meet the requiremetns. Olson - this is not a general release, it is a limited release and I think that addresses your concern if he di anything to the property. it would be Dr. Constantinos obligation and due diligence to make sure the property is protected. Yagaloff - we gave up tax revenue for many years. now we are talking about giving this person a release I don't know what our benefit for doing that would be. Olson - what would you believe you woudl be retaining of the agreement - if you give the mutual release - this conveyance agreement left a lot of holes in your ability that you considered Yagaloff - we have had some really bad contracts that we have had to deal with. why would we want to do a mutual release. I don't care if we give him a release. Olson - certainly made clear that that had not been presented to the council and it was the councils decision. Limited release was being done, not a general - strickly limited to that agreement. Yagaloff - if any one else is concerned we can amend McCann - there are a number of things that the buyer is required to do but I don't see- the provision of the town being released - to make it enforceable. relasing him from continuing obligations, if he truly wants to sell this property to Dr. Constantino he needs your permission. McCann - I don't see specific permission Olson - 6th WHEREAS - McCann - typically you woudl not provides that in a WHEREAS Olson - we can amend - last paragraph - Town of South Winderhere y grant its permission for the transfer of the oprperty and authorizes the TM to executea t specificaly including including a closing date of June 15, 2013, should the clsoing not take place by that date the permission granted herein is withdrawn. McCann amendment as stated, Prague 8-1 passed, - amendment Yagaloff - any reason town needs release from Mr. Exman conveyance agreement talks about Yagaloff - amend 2 - strik the town and read 85 LLc shall execute at the closing of the property ; Anwar second, Anwar - is this going to delay this process? Oslon - I asked that question and received no answer Havens - we hired an attorney to draw this up - have you talked about this with the seller and the buyer - I think we hired an attorney to do the job an dif we amend it any further we should bring the seller and buyer forward to agree upon this. Yagaloff - when you talked to them - the original was not the mutual release - told us up front that was not somethign we had seen or discussed nd asked us what we thought of it. I did not feel they have not given us any thing in exchange. there is not reason for us to give him a release. we are allowing his to go forward with the sale, we need to protect ourselves from the unknowns. this is aproperty with hazardous conditions. this was never discussed before and will not effect Dr. Constantino. Protect the town with Mr. Exman. Olson - one of th econcerns was perhaps the attorney may not have paid attention. with the exception of themutula release everythign else was agreed upon. did make is clear that was not sure the council would agree to a mutula release. the town was not losing anything by giving the release. can appreciate Councillor Yagaloff's concerns. the down side is that the deal falls apart. Yagaloff -do not see the deal fallling apart. can discuss at next meeting. do not see what Mr. Exman has givien us in return. Feel we should protec the town. Olson - more likely they would ask the council to reconsider. Yagaloff - we would have plenty of time before the 15th. Olson - and they would have to amend their purcahse and sale agreement Amendment - unanimous Sullilvan - potential - release to Mr. Exman - that the deal falls thorugh - that the environmental clean up does not fall through - there must be agreement between the parties. obligation to protect the environment. the agreement shoudl include an arrangmeent between the parties. Yagaloff - for the members of th epublic - is it fair to say that the property would come back o the tax roles and there is no abatement - Olson - yes Yagaloff - it is the two combined properties for the two merged properties? Olson - yes Yagaloff - ther eis no agreement regaridng the environmental remedication as far as we are aware of? Olson - as far as we are aware of - Dr. Constantino is in receipt of environmental study and there is little left ot be done. Anwar - from teh conversation that we have had that phase II - there was gong to be a plan to implemnent a plan to clean up the place Yagaloff - Mr. constantio is making a significant financial cost to remediate this property so he has greater incentive to get the property remediated then Mr. Exman. Olson - tha tis coreect Yagaloff - this property is immeidately goin gon the tax roles without an abatement and relying on Dr. Constantino to get this property back on the market. we are relying on a private developer to do this. Olson - I can't speak to what Mr. Exman has done on the property. Yagaloff - so the town is cutting its loses at htis point and hopeful that the new developer will do what they need to do. with the finaical involvement he has it would not make sense fo rhis to go further. Havens - the contract brings up a lot of good points. it brings up items we are concerned - nothing is for sure so I think we are assuming a great deal after this contract is signed. this contract could go back to the attorney, will support because it is better than nothing. disaponted that we are assuming. want to make sure we are covered. will support the final resolutin but will never get Delnicki - there are a number of positives to this. each property is not worth what the properties are joined together. and will be the responsibility of one owener. this will yield tax dollars and this will be the first time we get tax dollars from the property in a long time. . the new owners will have money invested and will have a reason to do somehting with the property. the best deal we can come up with at this point and will support. Olson - the town was lookin gto spend money to condemn this property. as an alternatives there is a buyer willing to fix the property and get it back on the tax roll. I don't know that you really have the muscle to force Dr. Constnatino to do somethign in a time frame. Amended REsolution - approved, unanimously
C. Resolution Approving a Refund of Taxes to Seventeen (17) South Windsor Taxpayers
Anwar, Bazzano, approved, unanimously
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.]
Prague - number of people in the picnic in the park. Public Works has been putting the signs up. 5 years ago 200 people to 3-4 thousand people. the fire works was wonderful. McCann - when this agenda was put together there was one item that the agenda include was the notice - the notice is not waht is required. rules are clear but they need to be publlized - need to b - just as required - should put the notice in the agenda. Mayor - the rules are much more stringent thatn waht I allow but I believe in hearing form the public Mayor 27th, 10am - the Town and the Patriotic Commission will hold Memoral Day parade - Treatment plant dedication 23rd, the newest eagle scout Spencer - great job
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.]
no report
19. Executive Session
20. Adjournment
Prague, Bazzano, at 9: 17 p.m.
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