Mayor Trinks called the regular meeting to order at 7:31 p.m.

1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Dean, Councilor Ellingwood, Councilor Jepsen, Councilor Broxterman, Councilor Mulligan, Councilor Simon and Councilor Walker
    
    
2. Prayer – Councilor Broxterman
   
    
3. Pledge of Allegiance – Councilor Broxterman
   
    
4. Proclamations/Awards
   None.
   
    
5. Public Communications and Petitions

   Mr. William Generous, 30 Karen Circle, wished Town Manager Churchill well in his new position. He noted that the budget information indicated that a home with the median value of $170,000 would have a 5.8% tax increase and he understood that due to revaluation that figure would vary. He noted that nearby streets were going up 20%. He did research and through his findings, only 5% of residential properties will get a tax increase of 5.8% or less, more than half would get an increase of 13.3%. He requested a phone call from the Mayor and Town Manager. Town Manager Churchill wrote him back and explained the 5.8% tax increase and he was still confused. His conclusion is that the citizens of Windsor were misled by the publicized 5.8% tax increase. He encouraged Windsor residents to check how their taxes went up.

   Mr. Bradshaw Smith, 23 Ludlow Road, addressed the Council regarding the proposed $40,000 contribution to SummerWind. He is opposed to the contribution because there is no professional management in place at this time. Mr. Smith noted the December minutes which state that SummerWind said they were pursuing obtaining a management company. He urged the Council to deny the request and to cut the losses.
   
    

6. Report of Appointed Boards and Commissions

1. Public Building Commission

   Mr. Joseph Novak, Chair, reported to the Council.

   WHS – is essentially complete. Rooftop screening installation is not complete yet. The design is complete and they are awaiting estimates.

   Goslee Pool – no changes since the last report. Aluminum awnings have arrived and are being installed.

   L.P. Wilson Roof – considering a hot asphalt application since bids came in high.

   Library Expansion Project – It was noted that a clerk of the works position was not originally contemplated but the PBC is seriously considering the use of such a position versus using a construction management firm. The clerk of the works manage the onsite work for the PBC. The architectural firm will be contracting with a professional estimator to work on the project. The first step is to complete a final floor plan. A plan was presented to the PBC last week and minor changes and refinements are being made.

   Poquonock School Office Renovation – demolition began during school vacation week. Asbestos was found and removed. The architect drawings and specifications did not include controls for the HVAC system. Cost estimates for the controls are between $25,000-35,000.

   Clover Street Window Project – no update since the last report

   Public Works Facility – the tent structure for the salt and sand storage facility will be erected July 5^th.

   L.P. Wilson Sage Park floors – will be completed on schedule

   John F. Kennedy School Floor Tile Abatement – will go out to bid soon.
    

2. Economic Development Commission

   Mr. David Earley, Economic Development Commission gave an overview. The Commission reviewed one EDIP application (Economic Development Incentive Projects) related to ADVO Inc.’s request for assistance with 235 Great Pond Road. The Commission recommended the expenditure of up to $340,000 of improvements. The tax abatement policy was reviewed and it was found that Windsor was at a disadvantage compared to other towns. They recommended creating a policy so the maximum abatement is 50% for five years. Next year, the Commission will provide assistance in developing a Small Business Initiative. They will also continue to work with town staff to develop priority redevelopment properties.
    

3. Fair Rent Commission
   No report.
    

7. Town Manager’s Report

8. Communication from Council Members

9. Reports of Standing Committees

1. Finance Committee - None.
2. Town Improvements Committee – None.
3. Health and Safety – None.
4. Special Projects – None.
5. Joint Board of Education and Town Council Committee – None.
    

10. Ordinances
    None.
    
     
11. Unfinished Business

1. Authorize Town Manager to Enter Into a Delegation Agreement with WIN-TV

   Moved by Councilor Walker, seconded by Councilor Dean to approve the delegation agreement as submitted by the Special Projects Committee between Windsor Community Television, Inc. and the Town of Windsor and authorize the Town Manager to sign the agreement.

   The Special Projects Committee met on April 22, 2004 to review the original agreement and the amendment. They combined the original with the amendment and approved the new agreement. Acting Town Manager Souza summarized what has happened since the last meeting. The WIN-TV Board submitted changes in paragraph two and eight of the agreement.

   Councilor Mulligan asked the reason for the two changes. Acting Town Manager Souza said it is for clarification of filming activities that take place in public parks and lands. The WIN-TV Board wanted activities to be specifically government related. Councilor Mulligan asked if Special Projects approved this agreement. Mayor Trinks said they have not met. Councilor Walker said that the Town Attorney reviewed the agreement.

   Mayor Trinks noted the four categories of programming and asked with it being so narrow, why is the delegation agreement needed.

   Councilor Ellingwood agreed.

   Councilor Walker said that the agreement provides the town the ability to continue running programming including such shows as From The Booth.

   Councilor Dean asked for clarification from WIN-TV as to why the board rejected the agreement. Mr. John Pickens, WIN-TV said the intent of the WIN-TV Board was to not restrict town government related activities on the green. The bottom line is that WIN-TV would continue to operate the government channel. They would also expect that most of what takes place in the Council Chambers would continue to be broadcast on Channel 21.

   Councilor Simon sees no point in having the Special Projects Committee review the agreement again. He is very frustrated at the amount of time being taken on this issue. This whole issue has gotten caught up in personal agendas. A decision needs to be made.

   Councilor Mulligan asked if WG-TV would operate any differently than it does now with this agreement. Mr. Pickens said no, it would operate essentially the same. Councilor Mulligan questioned why we even need an agreement.

   Acting Town Manager Souza stated that the Board at WIN-TV and staff at town hall will change over time and it’s best to have a delegation agreement to delineate general operating parameters and rules.

   Councilor Broxterman will vote against the agreement. He is interpreting number 8 to say that this only goes into effect if the requested funding for the equipment is in place. He questioned if we don’t give the funds to WIN-TV, is number 8 null and void. He also questioned if we even need the agreement in the first place.

   Councilor Mulligan will not support this agreement because he feels that it is not necessary.

   Councilor Walker said that the Special Projects and Town Attorney spent a lot of time researching this. It is the opinion of the Town Attorney that we do need this agreement, he also had DPUC review the agreement.

   Mayor Trinks would like an answer tonight as to whether the agreement will still continue without additional funds for equipment. Mr. Pickens said that whether there is more money or not, WIN-TV remains the operator of the government channel. It may not operate as well without the additional funds for modern equipment. Mayor Trinks asked what the intent was of taking out the term "special program". Mr. Pickens said that the corrections were made so there wasn’t such a broad definition. Mayor Trinks feels that in the town’s intent to get more information out to the public, an agreement would be favorable.

   Councilor Dean asked if there is anything specific that anyone feels uncomfortable with—any programs that were on the government channel in the past. Councilor Simon objected to a fundraiser for a private organization. He also feels that this delegation agreement addresses these kinds of issues.

   Deputy Mayor Curtis will vote for the original document that the Special Projects Committee recommended.

   Councilor Simon made a friendly amendment to restore the original agreement that the Special Projects Committee originally recommended to the Council on May 3, 2004.

   Councilors Walker and Dean accepted the friendly amendment.

   Motion Passed 5-4-0 (Councilors Ellingwood, Jepsen, Broxterman and Mulligan opposed)
    

2. Authorize the waiving of bids for the construction of public improvements from Day Hill Road to Great Pond Drive and authorize the Town Manager to negotiate and execute construction agreements

   Moved by Councilor Jepsen, seconded by Councilor Broxterman that the Town Council, pursuant to Section 5-2(d) of the Town Charter, authorize the waiving of bids for the purchase of road, sanitary sewer, storm drainage, and water line improvements as described in the Agreement Re: Sanitary Sewer and Storm Drainage Construction between ADVO, Inc. and the Town of Windsor.

   Mr. James Burke, Economic Development Director, gave an overview. ADVO, Inc. has requested assistance from the town’s Economic Development Incentive Program (EDIP) to construct a fire lane, water line and sanitary sewer. The project will support the development of a 165,000 square foot production and office facility at 235 Great Pond Drive. The estimated cost for the project is between $255,000 and $333,000.

   Under the EDIP guidelines, the town expects to recoup its investment in the form of new tax dollars within an appropriate time frame. The new annual real estate taxes from the proposed building are estimated to exceed $280,000. This would permit the town to recover the project cost over a one to two year period.

   On January 5, 2004, the Town Council approved ADVO’s request for financial assistance. They authorized an appropriation of $340,000 and the issuance of bonds to finance the appropriation. Before the funds appropriated by the Town Council may be disbursed for this project, the town must accept an easement for the improvements and approve an agreement for their construction. The Town Attorney has reviewed and approved them.

   Motion Passed 9-0-0
    

3. Approve easement for public improvements from Day Hill Road to Great Pond Drive

Moved by Councilor Jepsen, seconded by Councilor Broxterman to approve the Easement and Maintenance Agreement and the Agreement regarding Sanitary Sewer and Storm Drainage Construction and to authorize the Town Manager to execute said agreements with ADVO, Inc., on behalf of the Town of Windsor.

Motion Passed 9-0-0
 

12. New Business

1. Set Town of Windsor Mill Rate

   Moved by Councilor Broxterman, seconded by Councilor Walker that the tax rate for the fiscal year beginning July 1, 2004 be set at 28.83 mills.

   The voters adopted the FY 2005 General Fund Budget of $80,641,193 on May 11, 2004. Acting Town Manager Souza explained the use of median home value as a measure and the impact on a median valued home. Similar to the past 14 years, we continued the practice of using the median value home as our comparison point or benchmark. Simply stated, the 5.8% increase is the tax dollar impact to the median valued home in 2002 ($138,000) and to the median valued home in 2003 after revaluation ($170,000).

   This is a valid benchmark used by a range of cities and towns along with other agencies. It is not a perfect indicator of individual tax impact. It solely shows the impact on the median valued home. Individual home values increased over a wide range – therefore individual tax impact varies accordingly.

   Councilor Jepsen asked for an example of a home that would have less than a 5.8% increase. Mr. Steve Kosofsky, Town Assessor, said he does not have specific property data with him tonight although there are residential properties in town that have less than a 5.8% tax increase. Even with no increase in expenditures, the median priced home can pay an increase in taxes based solely on revaluation. Properties appreciate at different rates throughout town, some up to 60% since the last revaluation, whereas others have increased little or not at all. The median value home calculation has been used since 1979 and other municipalities use the calculation as well. Mr. Kosofsky noted that New England is the only region in the entire country that does not initiate annual revaluation and the cumulative impact over a four or five-year impact is significant.

   Councilor Simon asked what the median tax increase is. Mr. Kosofsky said he could determine that and report back to the Council. Off the top of his head, in the neighborhood of 15% or 16% based on revaluation.

   Councilor Walker asked about the calculations used as a general rule amongst tax assessors throughout the state or country. Mr. Kosofsky said that since 1990, and probably prior to that, the median value has been used as our barometer. It’s unfortunate that people think they have an average or median home. Acting Town Manager Souza said that the median value home benchmark is used throughout the country. Councilor Walker asked why make it that simple rather than take random samples and include and use a standard deviation. Acting Town Manager Souza replied that perhaps over the summer and fall we can discuss additional ways to communicate this better in the future. Councilor Walker will not vote to put off revaluation until 2006.

   Councilor Ellingwood said that we need to move forward. It is up to the Town Manager to explain this to residents in an easy to understand manner. These increases, although mathematically correct, were not what people expected.

   Councilor Broxterman is concerned that it is implied that we did something underhanded when this has been in practice for fourteen years. He did understand that if his house appreciated in value, he would pay more than the 5.83% increase, just like in the past when his house depreciated, he knew he would pay less. We use the median home value so we can do comparisons to other towns using the same method.

   Mayor Trinks thinks that the town’s assessments in real estate are very conservative. Houses are selling at $100,000 more than the assessed values. Deputy Mayor Curtis noted that one of the Council’s initiatives is to raise housing values in town.

   Motion Passed 9-0-0
    

2. Approve use of $40,000 for SummerWind Performing Arts Center

   Moved by Councilor Dean, seconded by Councilor Broxterman that $40,000 is authorized for the SummerWind Performing Arts Center for FY 2005.

   Mr. John Berky, Executive Director for 2004 Season for SummerWind, addressed the Council. They couldn’t locate one management company who could meet all of their needs with what was offered. They have hired a booking agent, marketing team, graphic designer, box office manager, and food service manager. There is a great deal of support in fundraising within the town.

   Mayor Trinks said that he will be supporting this because he feels that we have not been as patient as we could be with this startup entity. Second, he wholeheartedly agrees with the decision to pursue the insurance issue with the insurance commission. The acts booked this year will generate an interest in SummerWind. He noted that the Council has discussed the town’s commitment to the arts.

   Councilor Dean asked about the cost of purchasing a series. Mr. Berky said that pricing is two series, a jazz and Americana series. The prices are $100, $80 and $50 for the three concerts in each of the series. $100 for front row seats, $80 for rear and $50 for lawn. The full season, six concerts would be double the series costs. Councilor Dean asked how many seats have to be sold to make money. Mr. Berky responded that to break even, it is about 2,000-2,200.

   Councilor Jepsen noted the policy for groups receiving over a certain amount to supply financials and asked if SummerWind has submitted the data. Acting Town Manager Peter Souza replied that he doesn’t have the policy in front of him, he would have to refer to it for the requirements. Councilor Jepsen said that while he is in favor of this appropriation, he doesn’t want to ignore the policy, which he believes has taken effect.

   Councilor Simon suggested that the Council is not ready to make this decision tonight and it should go to committee. There is a policy requiring financials and we need to follow it. He doesn’t want to see this organization fail, but one-time appropriations sometimes turn into a yearly thing. At the very least, we should honor our policy.

   Mayor Trinks said that we have set policies and they need to be followed.

   Deputy Mayor Curtis would be in favor of this motion because of his support of the arts, but he also agrees that we have set policies and we need to put it through the right process. Deputy Mayor Curtis asked if restaurants could advertise at SummerWind. Mr. Berky said they are working with the Chamber of Commerce now and they would be happy to work with merchants. They did have to hire a caterer who could handle the activity.

   Councilor Walker requested the consideration of placing one of the Councilors on the Board of SummerWind because of the amount of money we have contributed.

   Deputy Mayor Curtis agreed, but at the time of the appropriation the Councilor would have to excuse himself from the vote. Perhaps we could have someone associated with the Council.

   The SummerWind board of directors is requesting a one-time appropriation of $40,000 for the town’s sponsorship of the Blood, Sweat and Tears concert that is scheduled for July 17, 2004. This amount also includes funds for general support, which has been $12,500 the last two fiscal years. These funds have been appropriated, but not approved for use.

   Councilors Dean and Broxterman retracted their motion.

   Mayor Trinks referred this item to the Finance Committee for review.

   Motion Passed 9-0-0
    

3. Resolution authorizing Town Manager to execute a contract for State Public Library Construction Grant #164P-SC-04

   Moved by Councilor Broxterman, seconded by Councilor Walker that the duly appointed Town Manager, R. Leon Churchill, Jr. is empowered to execute and deliver in the name and on behalf of this organization a certain contract with the Connecticut State Library, State of Connecticut, for a Public Library Construction Grant.

   In January 2004, the Connecticut State Library Board approved a $500,000 Public Library Construction Grant for the Windsor Public Library. This grant received approval from the State Bond Commission in March of 2004.

   Motion Passed 8-0-0 (Mayor Trinks out of the room)
    

4. Approve appropriation of $487,450 from the General Fund Undesignated, Unreserved Fund Balance for the purpose of funding Board of Education major maintenance capital items

   Moved by Councilor Simon, seconded by Councilor Walker that the amount of $487,450 be appropriated and transferred from the General Fund Undesignated, Unreserved Fund Balance to the Board of Education FY 2005 Capital Items Project #9324 in the Capital Project Fund.

   Councilor Simon asked if we could delay moving the funds until July 1st to earn interest. Acting Town Manager Souza said that we are earning interest until we expend the funds.

   Councilor Jepsen offered the friendly amendment that we add "on or after July 1, 2004" to the motion.

   Councilors Simon and Walker accepted the friendly amendment.

   Motion Passed 8-0-0 (Mayor Trinks out of the room)
    

5. Approve appropriation of $362,360 from the General Fund Undesignated, Unreserved Fun Balance for the purpose of funding the FY 2005 Capital Improvements Program

   Moved by Councilor Simon, seconded by Councilor Jepsen that the amount of $362,360 be appropriated and transferred on or after July 1, 2004 from the General Fund Undesignated, Unreserved Fund Balance to the following Capital Project Fund Projects: Street Resurfacing #9030 ($177,160), Concept Study for Public Safety Complex #9071 ($63,660), Park Improvements – Playground Replacements #9072 ($65,920), and Milo Peck Center Renovations/Upgrades design #9073 ($55,620).

   Motion Passed 8-0-0 (Mayor Trinks out of the room)
    

6. Approve appropriation of $277,000 from the General Fund Undesignated, Unreserved Fun Balance for capital projects

   Moved by Councilor Simon, seconded by Councilor Jepsen that the following amounts be transferred on or after July 1, 2004, from the General Fund Undesignated Unreserved Fund Balance to the following Capital Project Fund accounts:

   Project #	Account Title	Appropriation
   6501	Fire/Rescue ventilation system for Wilson Station	10,000
   9070	Fire/Rescue install air condition for apparatus	20,000
   9074	Volunteer Ambulance Radio Equipment	15,000

    

   Project #	Account Title	Appropriation
   9076	Information Technology software update	85,000
   9044	Dial-A-Ride vehicle	15,000
   9077	Police vans (2) for PAL	10,000
   9078	Police telephone switch equipment	25,000
   9079	Engineering Services	45,000
   9080	Engineering traffic analysis software	2,000
   9081	Planning printer 1,000
   9082	Building/Fire Marshal field technology	14,000
   9083	Stormwater Management system	30,000
   TOTAL		277,000

   Motion Passed 8-0-0 (Mayor Trinks out of the room)
    

7. Approve appropriation of $57,000 from the General Fund Undesignated, Unreserved Fun Balance to the L.P. Wilson Roof Replacement Project

   Moved by Councilor Simon, seconded by Councilor Ellingwood that the amount of $57,000 be appropriated from the Capital Projects Unreserved Fund Balance for Project #9300 – L.P. Wilson Roof Repair.

   Councilor Jepsen asked about the 5% contingency. Mr. Brian Funk responded that it is 5% of the construction costs and the $57,000 appropriation allows for the 5%.

   Motion Passed 8-0-0 (Mayor Trinks out of the room)
    

8. Introduce an ordinance entitled, "The sale of 235 Palisado Avenue in the amount of $275,000".

   Resolved by Councilor Broxterman, seconded by Councilor Jepsen that the reading into the minutes of the text of the ordinance entitled "THE SALE OF 235 PALISADO AVENUE IN THE AMOUNT OF $275,000" is hereby waived, the full text of the ordinance having been distributed to each member of the Council and copies being made available to those persons attending this meeting; and the full text of the ordinance be recorded with the minutes of this meeting.

   Motion Passed 7-0-0 (Mayor Trinks and Councilor Ellingwood out of the room)
    

9. Set a Public Hearing on June 7, 2004 at 7:00 p.m. (prevailing time) regarding the ordinance for the sale of 235 Palisado Avenue

Moved by Councilor Broxterman, seconded by Councilor Jepsen that a Public Hearing be set for June 7, 2004, at 7:00 p.m. (prevailing time) in the Council Chambers of the Windsor Town Hall, regarding the ordinance entitled "THE SALE OF 235 PALISADO AVENUE IN THE AMOUNT OF $275,000" and be it further resolved that the Town Clerk is authorized and directed to post and publish notice of said public hearing.

Motion Passed 8-0-0 (Mayor Trinks out of the room)

 

13. Resignations and Appointments

Moved by Councilor Simon, seconded by Councilor Broxterman to:

• Appoint Blaise Rogovich as a democratic member to Conservation Commission for a five-year term to expire November 30, 2008 or until a successor is appointed
• Reappoint Linda Kollmorgen as a democratic member to the Inland Wetlands and Watercourses Commission for a four-year term to expire March 31, 2008 or until a successor is appointed
• Reappoint Michael Raphael as a democratic member to the Library Advisory Board for a three-year term to expire April 30, 2007 or until a successor is appointed.

Motion Passed 9-0-0
 

14. Minutes of Preceding Meetings

1. Minutes of the May 3, 2004 Regular Town Council Meeting

Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the May 3, 2004 Regular Town Council Meeting. Corrections: None.

Motion Passed 9-0-0
 

15. Public Communications and Petitions

Mr. John Pickens, WIN-TV, addressed the Council regarding the agreement. He asked if the $12,500 contributions were eliminated. Councilor Simon replied that the equipment was never in the Town Manager’s budget so it was never addressed by the Council.

Moved by Councilor Jepsen, seconded by Councilor Walker to enter into Executive Session at 10:42 p.m. for the purpose of:

1. Strategy and negotiations with respect to pending claims and litigation (Lewis vs. CL&P)
2. Strategy and negotiations with respect to pending claims and litigation (Windsor-Bloomfield Landfill)

Motion Passed 9-0-0

16. Executive Session

    Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Dean, Councilor Ellingwood, Councilor Jepsen, Councilor Broxterman, Councilor Mulligan, Councilor Simon and Councilor Walker

    Staff: Acting Town Manager Peter Souza, Risk Manager Marty Maynard, Town Attorney Vincent Oswecki

    Mr. Vincent Oswecki and Mr. Marty Maynard left Executive Session at 10:54 p.m.

    Brian Funk, Director of Public Works, Charles Petrillo, Health Director, and Tom Lenehan, Town Engineer entered Executive Session at 10:55 p.m.

    Moved by Councilor Simon, seconded by Councilor Ellingwood to leave Executive Session and reconvene the Regular Town Council meeting at 11:27 p.m.

    Motion Passed 9-0-0

    Moved by Councilor Simon, seconded by Councilor Dean to extend the Regular Town Council meeting until 11:30 p.m.

    Motion Passed 9-0-0

    Moved by Councilor Jepsen, seconded by Councilor Broxterman to authorize the Town Attorney to settle the Lewis vs. CL&P case as discussed in Executive Session.

    Motion Passed 9-0-0
    
     

17. Adjournment

Moved by Councilor Broxterman, seconded by Councilor Simon to adjourn the Regular Town Council Meeting at 11:31 p.m.

Motion Passed 9-0-0

Respectfully submitted,

Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

Main Library

Wilson Branch