Moved by Councilor Jepsen, seconded by Councilor
Mulligan to add Item 16 (D) Strategy and
Negotiations with Respect to Pending Claims and
Litigation – Winniger vs. Searles and Churchill,
to the Executive Session, following item 16 (C).
- Discussion/Approval of Heritage Valley
Recreation & Event Center
Councilor Simon discussed the project. North
Ventures, LLC, led by Mr. Carl Nowiszewski, is
proposing the creation of a recreation oasis at
Barber’s Pond – a relaxed, community "ski
lodge" atmosphere adjacent to a multi-use
pavilion which would contain a covered outdoor ice
rink for six months of the year. Mr. Nowiszewski
addressed the Town Council regarding the project. He
thanked all those involved for their feedback. The
Heritage Valley Recreation and Event Center (HVREC)
hopes to integrate this indoor/outdoor facility with
the natural landscape and create one of the most
attractive recreational skating venues in the United
States beginning this year. The economic feasibility
study confirmed that with some assistance from the
town, Phase I of the project would be economically
viable and would be able to stand on its own. In the
long term, Phase I is not attractive in itself which
is why Phase II is necessary for economic viability.
The Town Council Finance Committee recommends
further discussion be initiated to determine the
town’s desire to construct a 125 to 130 space
parking lot for a cost up to $455,000. Any Town
Council decision is dependent on the State Attorney
General’s Office and the Department of
Environmental Protection’s decisions.
Councilor Walker stated that he is in favor of
the most recent report that Mr. Nowiszewski
distributed. He feels that the families in Windsor
would benefit from this project.
Moved by Councilor Simon, seconded by Councilor
Walker to approve the proposed project for the
Heritage Valley Recreation and Event Center,
contingent upon the approval by the State Attorney
General’s Office and the Department of
Environmental Protection.
Mayor Trinks asked if there was any discussion on
the motion.
Councilor Albano voiced a concern with the motion
not stating a dollar amount. He asked if there is
anything in the proposal regarding the author of the
feasibility study and if Mr. Nowiszewski would be
using his services for this project in the future.
Mr. Nowiszewski replied that there are no plans to
utilize his services in the future. Councilor Albano
asked if the ice rink would be "open ice"
year round as the handout states short-track speed
skating would be available year round. Mr.
Nowiszewski responded that this is a suggestion and
that Phase II would allow for short-track speed
skating at the facility. Councilor Albano asked
about other facilities in a 30-mile radius. Mr.
Nowiszewski stated that the other facilities are
filled with youth hockey programs and other
scheduled programs, whereas this facility would be
geared toward a recreational outdoor experience.
Councilor Pacino asked when Phase II would begin
construction and when it would be completed. Mr.
Nowiszewski reported that the planning process would
start in year two, that construction would begin in
year three and revenue in year four, depending on
market conditions. Councilor Pacino asked if there
are any guarantees that Phase II will be completed.
Mr. Nowiszewski said that there are no guarantees
that it will be completed, however, his goal was to
have the feasibility study determine if Phase I
could stand on its own.
Little or no financial impact is expected in
order to gain control of the necessary land for the
project’s success. North Ventures, LLC also
requests that the town construct the necessary
parking, extend all utilities and develop handicap
accessibility to Barber’s Pond.
Town Manager Churchill said that the cost
estimate is a fair estimate, however the scope may
be larger. A development agreement would need to be
negotiated.
Mayor Trinks stated that he would like to see Mr.
Nowiszewski leave this meeting and go to the
Attorney General’s Office and the Department of
Environmental Protection and tell them that the town
approves of the concept. He does have concerns
regarding a contract for ice time.
Councilor Pacino inquired about the agreements
for the Marriott and other projects in town. Town
Manager Churchill stated that they included
utilities, but only the portion that is in the
public right of way and is not sure this project
should be considered as an Economic Development
project.
Deputy Mayor Curtis asked about the original
motion that does not state a dollar amount. He asked
if the motion would be adequate for Mr. Nowiszewski
to go to the Attorney General’s Office and the
Department of Environmental Protection for approval.
Mr. Nowiszewski said that there are several parts
that need approval and the project financing needs
to be established. It would be helpful to move this
project forward considering we are on a short
timetable to get ice in for the upcoming season. The
contractual issues can be deferred to a later
discussion, however, the commercial financing needs
to be begin immediately. Deputy Mayor Curtis
commended Mr. Nowiszewski on his dedication,
persistence and openness to the opinions from
others.
Councilor Walker said that Mr. Nowiszewski has
been before the Town Council several times and the
property is not being used, so we need to make a
decision. He is more in favor of the covered rink
vs. the outdoor rink. He feels we should move
forward.
Councilor Pacino commented that the property is
not generating revenue, however, it is not costing
the town anything either. He is concerned with Town
Manager Churchill’s memo relative to reducing our
fund balance. Town Manager Churchill said that in
order to restore the fund balance, we may have to
look at expenditures and transfers to the general
fund.
Councilor Simon commented that the intention was
not to write a blank check by not stating a dollar
amount in the motion. He was attracted to the
proposal because the $455,000 is similar to the aid
the town has provided to the SummerWind amphitheater
and the Huntington House. He is not in support of
going over the $455,000 contribution, but is in
favor of supporting the project with the stipulation
of not exceeding the $455,000 figure.
Town Manager Churchill added that it would be
premature to state a dollar amount at this time
because we do not have any actual costs for
utilities, etc. To express the Town Council’s
support, a dollar amount is not critical to receive
the approval of the Department of Environmental
Protection and the Attorney General’s Office. Mr.
Nowiszewski said that he is in favor of a maximum
figure and any excess would be funded privately.
Councilor Jepsen inquired about the soil testing.
Mr. Nowiszewski replied that he has initiated
research and testing at this time and since some of
this falls on the Bloomfield/Windsor line, he is
required to notify Bloomfield. The soil scientist
has already been to the site and Mr. Nowiszewski has
incurred the costs.
Councilor Pacino asked if the land were leased
out, what revenues would be gained. Town Manager
Churchill commented that the trust states the land
is to be used for the general public’s enjoyment
and that he did not have a figure for the leasing of
the land available. Councilor Pacino asked about the
use of the pond water and what approval is needed.
Mr. Nowiszewski stated that the Department of
Environmental Protection’s approval would be
necessary.
Councilor Broxterman commented that we spend a
lot of time trying to create an image and make
Windsor a point of destination for visitors on their
way to the airport, etc. He noted that this project
has the potential of attracting visitors and
revenues including hotels and restaurants. This
project offers Windsor the opportunity to become a
destination. Windsor has been trying to get a
national restaurant chain in town, but because the
town does not have enough foot traffic, this has not
been an attainable goal. However, this project will
increase foot traffic and may offer the town the
opportunity to obtain a restaurant chain after all.
It will also add quality of life for the residents
and to visitors coming to Windsor. It is in his
opinion that the project is in very good taste. He
believes that it makes as much sense as SummerWind
did and he supports it.
Councilor Mulligan commented he is concerned that
if Phase II is never built, who will be attracted to
an outdoor rink. Mr. Nowiszewski stated that the
success of the project relies on its flexibility.
This would not be a typical rink but rather it would
have a ski lodge setting. The spectators would be
inside looking out. Having the flexibility of
enclosing the first phase is being added into the
project.
Deputy Mayor Curtis asked again if this were to
go forward without a dollar amount, would it obtain
approval from the Department of Environmental
Protection and the Attorney General’s Office. He
appreciated Mr. Nowiszewski’s offer of obtaining
private funding for any amount exceeding $455,000.
He would favor making the motion without a dollar
figure and see if approval can be obtained from the
Department of Environmental Protection and the
Attorney General’s Office .
Councilor Broxterman is in favor of capping the
project at $455,000 since the developer is in favor
of the figure.
Councilor Mulligan agrees with Councilor
Broxterman. He feels we owe it to the community to
determine a dollar amount. Mr. Nowiszewski has
agreed that he will not ask the town for any funds
exceeding the $455,000 figure.
Councilor Pacino feels that we are stifling the
project by placing a dollar amount onto the motion.
He is concerned that MDC may come back with a
different dollar amount than originally anticipated.
He would like to proceed by attaining approval from
the DEP and the Attorney General’s office first
and then bring the item back to the Town Council and
debate the dollar amount. He asked if Mr.
Nowiszewski could obtain additional funding if the
costs were in excess of $455,000. Mr. Nowiszewski
said that it is in his opinion that it is more
likely that the figure will be less than higher for
the MDC expenses.
Motioned by Councilor Albano, seconded by
Councilor Broxterman to take a five-minute recess at
9:10 p.m.
Motion Passed 9-0-0
Mayor Trinks called the meeting to order at 9:20
p.m.
Councilor Pacino asked to hear the proposed
amended motion. Councilor Broxterman read the
motion. "Moved by Councilor Broxterman,
seconded by Deputy Mayor Curtis to approve the
Heritage Valley Recreation and Event Center as
proposed contingent upon approval by the Department
of Environmental Protection and the Attorney General’s
Office, for a cost not to exceed $455,000 for the
town’s contribution."
Councilor Mulligan commented that the motion is
faulty if it is based on the tax abatement stated in
the distributed feasibility study.
Mayor Trinks stated that the proposal is for MDC
charges and the construction of the parking lot.
Councilor Simon expressed that the motion was for
the parking lot and utility line fees for the
facility. Any issue on tax abatement should be
considered as a separate item.
Councilor Broxterman stated that without this
motion, we cannot authorize the Town Manager to
enter into negotiations.
Councilor Jepsen stated that Mr. Nowiszewski has
provided conflicting information on the distributed
feasibility study. Mr. Nowiszewski replied that the
only difference is in the accounting of the free
services which will be offset by a tax abatement.
The project will pay the tax as long as the town
contracts for ice time. An independent consultant
performed the study to determine the viability of
the project. The feasibility study is not the
proposal being brought forth for approval.
Mayor Trinks stated that there is a specific goal
in mind for this money and it should be targeted
with a maximum cap of $455,000. Should the
improvements come in under that figure, the full
amount should not be expended.
Councilor Jepsen has concerns that this is a
private company. He is not comfortable with taxpayer
money being allocated towards a private company and
he is not comfortable with the fund balance and
feels it may be threatened. He can’t support this
motion.
Councilor Broxterman said the town spent $2.1
million for JDS and the Marriott Hotel, a for-profit
organization. He supports this motion.
Councilor Simon stated that the improvements are
on public land. Councilor Pacino said that we
stopped at the public right of way for the Marriott
and JDS. Councilor Simon said that the improvement
to public land would benefit the community and that
taxes will be paid on those improvements.
Councilor Albano stated there was an immediate
payback of taxes for JDS and the Marriott.
Councilor Broxterman noted that this is different
from other projects however we have used taxpayer
money to create greater opportunity in the town.
Councilor Albano remarked that the engineering
costs or assistance needed was never discussed along
with the intent to cover those costs.
Councilor Simon said the intent is to cap the
costs at $455,000, which includes everything
(utilities, tax abatement, etc). There is a limit on
the public’s investment and the town is not
writing a blank check. The figure could be lower,
and if it is higher, it is not our responsibility to
cover the overage.
Councilor Mulligan asked who would pay for the
engineers. Councilor Simon stated that the cap is
$455,000 for a 125 to 130 space parking lot and to
run the necessary utilities to support the project.
Councilor Pacino questioned who would pay for the
engineering costs. Councilor Simon reiterated that a
cap has been set and feels that the amendment to the
motion clearly states the town’s contributions
regarding this project.
Moved by Councilor Broxterman, seconded by Deputy
Mayor Curtis to amend the motion to include
"for a cost not to exceed $455,000 in town
contributions". The amended motion to read
"Approve the Heritage Valley Recreation and
Event Center as proposed contingent upon approval by
the Department of Environmental Protection and the
Attorney General’s Office, for a cost not to
exceed $455,000 for the town’s contribution
".
Motion Passed 9-0-0
Moved by Councilor Simon, seconded by Councilor
Broxterman to approve the Heritage Valley Recreation
and Event Center as proposed contingent upon
approval by the Department of Environmental
Protection and Attorney General’s Office for a
cost not to exceed $455,000 in town contributions.
Motion Passed 5-4-0 (opposing Councilors Albano,
Jepsen, Mulligan, and Pacino)
- Volunteer Support Program
Councilor Walker discussed the program and
suggested changes. The Special Projects Committee
reviewed the Volunteer Support Program to determine
if any modifications were appropriate. The
recommended changes are: 1) expand upon activities
eligible for assistance to include a one-time or
annual event/program in addition to physical
improvement projects, 2) make ineligible any
organization that is receiving direct financial
assistance from the town of Windsor, and 3)
strengthen the requirement for timely completion of
projects. The Town Council has approved a $50,000
allocation for the Volunteer Support Program for FY
2002-03.
Councilor Albano asked when the new guidelines
would take effect. Town Manager Churchill stated
that it would be the criteria for the next fiscal
cycle, after July 1, 2002.
Councilor Pacino asked about line 6 and if it was
possible to get an extension. Town Manager Churchill
stated that they could make a request.
Councilor Mulligan stated that the Town Manager
does have the authority to grant the extensions.
Town Manager Churchill stated that he will provide
the Town Council with updates.
Councilor Jepsen liked the changes, but he had a
concern about an organization being black balled
from getting into the program. Town Manager
Churchill replied that he would entertain any
changes to item 7.
Mayor Trinks suggested a statute of limitations
for item 7.
Councilor Mulligan commented that there is a risk
with so many volunteer groups and if leadership is
in such disarray, they may not withdraw the
application. Perhaps we could add "during that
year" to item 7.
Councilor Walker believes the intent of the
policy is for groups to not tie funds up if they are
not going to use them. There needs to be some
flexibility.
Councilor Pacino would like to add "for a
period of one calendar year" to item 7.
Councilor Broxterman agrees with Councilor Pacino
but would like to state "for a period of twelve
months."
Motioned by Councilor Jepsen, seconded by
Councilor Pacino to amend the Volunteer Support
Program guidelines by adding "for 12
consecutive months" at the end of Item 7
Program Criteria.
Motion Passed 9-0-0
Motioned by Councilor Walker, seconded by
Councilor Simon to approve the revised program
guidelines for the Volunteer Support Program as
recommended by the Special Projects Committee and as
amended.
Motion Passed 9-0-0
- Resolution of Intent for Keyless Entry System at
Board of Education Facilities
The Windsor Public School’s FY 2002-2007
long-term capital plan includes the implementation
of the Safety Committee’s recommendations in FY
2002 and is also approved by the Town Council as
part of the FY 2002 Capital Budget. To date, all
recommendations have been funded with the exception
of the Keyless Entry System. In conjunction with
surveillance cameras and intercom systems already
installed, the Keyless Entry Retrofit project will
keep all exterior doors locked while permitting
convenient access by authorized faculty, staff and
visitors at each school except Windsor High School,
which is already implementing this system as part of
the renovation project.
The estimated cost of the Keyless Entry Retrofit
Project is $70,000. This amount would be added to
the Capital Project 02-540 Clover Street Walkways
Part I account.
Councilor Pacino asked if this is for all schools
or just the Clover Street School. Mayor Trinks
replied that it is for all schools except the high
school.
Councilor Walker asked if it is a stand-alone
project or tied together by a network. Ms. Marjorie
Montague, Finance Director, Board of Education,
responded that it is the same software system, but
independent in each building. It may eventually be
on the Wide Area Network (WAN).
Councilor Jepsen requested clarification on which
schools. Ms. Montague stated that it is for all
schools except the high school, which is being
addressed with the Windsor High School renovation
project.
Moved by Councilor Broxterman, seconded by
Councilor Mulligan that $24,015 be transferred from
the General Fund, Unreserved, Designated for
Education account to the Capital Outlay Fund Account
02-540, Clover Street Walkways Part I, for the
purpose of the Keyless Entry System and that $45,985
be transferred from the Capital Outlay Fund
Unreserved, Undesignated Fund Balance to Capital
Outlay Fund Account 02-540 for the purpose of the
Keyless Entry System.
Motion Passed 9-0-0
- Poquonock School Windows Replacement
On April 4, 2002 the bids were opened and on
April 9, 2002 the Public Building Commission
approved a proposed construction phase budget for
this project of $305,000. After bonding costs, the
estimated cost will not exceed $315,000.
Mayor Trinks asked if there is a projected time
frame. Ms. Marjorie Montague, Finance Director,
Board of Education, said that the windows would be
ordered then installed in October or November of
2002.
Moved by Deputy Mayor Curtis, seconded by
Councilor Broxterman that $305,000 be appropriated
from the Unreserved, Undesignated Balance of the
General Fund for the purpose of the Poquonock Window
Replacement Project and to be placed into Capital
Project #02-610 (Poquonock Window Replacement
Project).
Motion Passed 9-0-0
Resolved by Deputy Mayor Curtis, seconded by
Councilor Jepsen that the reading into the minutes
of the text of the ordinance entitled "AN
ORDIANCE APPROPRIATING $315,000 FOR WINDOW
REPLACEMENT AT POQUONOCK ELEMENTARY SCHOOL AND
AUTHORIZING THE ISSUE OF $315,000 BONDS AND NOTES TO
FINANCE THE APPROPRIATION" is hereby waived,
the full text of the ordinance having been
distributed to each member of the Town Council and
copies being made available to those persons
attending this meeting and that the full text of the
ordinance be recorded within the minutes of this
meeting.
Motion Passed 9-0-0
Resolved by Deputy Mayor Curtis, seconded by
Councilor Jepsen that a Public Hearing be held at
the Windsor Town Hall on Monday, May 20, 2002 at
7:15 p.m. (prevailing time) on the foregoing
ordinance. Further Resolved by Deputy Mayor Curtis,
seconded by Councilor Jepsen that the Town Clerk is
authorized and directed to post and publish the
notice of said Public Hearing.
Motion Passed 9-0-0
- Resolution of Intent for Poquonock Asbestos
Floor Tile Abatement Project
At its April 23rd meeting, the Public
Building Commission approved a proposed budget of
$161,500 for this project. It is the desire and
intent of both the school district and the Public
Building Commission to accomplish this project
during the 2002 summer vacation period.
Moved by Deputy Mayor Curtis, seconded by
Councilor Broxterman that the amount of $74,880 be
transferred from the General Fund, Unreserved,
Designated for Education account to Capital Outlay
Fund Account 02-537, Poquonock School Asbestos
Removal for the Poquonock Asbestos Floor Tile
Abatement Program, and that the remaining funds in
02-537 in the amount of $86,620 also be used for
this project.
Motion Passed 9-0-0
Motioned by Councilor Pacino, seconded by
Councilor Jepsen to table items 12 (F), 12 (G), 13
and 14.
Councilor Pacino with the motion and discussion
ensued on the motion.
It was agreed to continue with the agenda.
- Price Guide 2003
Town Manager Churchill summarized the FY 2003
Town Price Guide. The proposed Town Price Guide is
expected to generate $1,430,830 in the FY 2003
budget.
Councilor Albano questioned Notary Services. Town
Manager Churchill stated that the legal limit is $5
per notarized document and the $2 charge is based on
a survey of other notary services provided in town.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to approved the FY 2003 Town Price Guide.
Motion Passed 9-0-0
- Discussion of Joint Efforts with the Board of
Education
Councilor Simon gave a history and an overview of
joint efforts between the Town Council and the Board
of Education. At the joint retreat several weeks ago,
there were requests to re-tool the joint committee. It
was desired by both bodies to discuss the structure.
There was some discussion to make it a smaller
functioning committee that works on a regular basis.
He is suggesting three members from each body, a
co-chair from each body and a regular meeting
scheduled by members of the committee.
Councilor Jepsen likes the idea of a smaller group.
He is concerned that the committee would have more
than a simple majority, which is in contrast with the
charter.
Councilor Mulligan asked Ms. Jane Garibay,
President of the Board of Education, if the Board of
Education was in agreement with what Councilor Simon
proposed. Ms. Garibay stated that it is consistent
with the Board of Education goals, but it would
require a vote from the Board.
Councilor Simon stated that the committee would be
to foster relationships and it will be open to other
Councilors and Board members but there would be a core
committee who met on a regular basis.
Councilor Mulligan suggested having membership that
includes two members – one from each party.
Councilor Walker agrees with Councilor Mulligan’s
proposal.
Mayor Trinks agrees with a six-person membership,
which would allow more input. He requested that the
Town Manager add the item to the May 20th
Town Council agenda. Town Manager Churchill responded
that he would.
Moved by Councilor Mulligan, seconded by Councilor
Albano to reappoint Mr. Robert Rispoli to the Inlands
Wetlands and Watercourses Commission for a four year
term to expire on March 31, 2006 or until a successor
is appointed and to reappoint Ms. Ruth Wood to the
Zoning Board of Appeals for a two-year term to expire
on November 10, 2003.
Moved by Deputy Mayor Curtis, seconded by Councilor
Broxterman to table items A-M and P-Z.
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to accept the minutes of the April
24, 2002 Town Council Special Meeting as presented.
Corrections: Page 15 – Motion made by Deputy Mayor
for the Intermezzo had included the Rappaport
Building. Page 15 – Motion should be 8:1:0.
Moved by Councilor Jepsen, seconded by Councilor
Mulligan to enter into Executive Session at 10:35 p.m.
for the following items:
Steve Kosofsky, Town Assessor, left Executive
Session at 10:52 p.m.
Kevin Searles, Chief of Police, entered Executive
Session at 10:52 p.m. and left Executive Session at
11:10 p.m.
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to exit Executive Session and
reconvene the Regular Town Council meeting at 11:20
p.m.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to consent to the Insurance Company
settlement in the case of Zimnock vs. Town of Windsor.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to accept the settlement as recommended by
the Town Attorney in the Town of Windsor vs. Gabcon.
Moved by Councilor Broxterman, seconded by
Councilor Albano to adjourn the Regular Town Council
Meeting at 11:25 p.m.