2004 Minutes  

 

Windsor Town Council

Council Chambers – Town Hall

August 2, 2004

Approved Minutes

Mayor Trinks called the regular meeting to order at 7:32 p.m.

  1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Broxterman, Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker


     
  2. Prayer – Councilor Jepsen


     
  3. Pledge of Allegiance – Councilor Jepsen


     
  4. Proclamations/Awards
  1. Proclamation Honoring the Poquonock Fire Company’s 75th Anniversary

Councilor Simon read the proclamation honoring the Poquonock Fire Company’s 75th Anniversary. Gary Christensen accepted the proclamation. The members of the Poquonock Fire Company invite the community to share their 75th anniversary celebration by attending an Open House from 10:00 a.m. to 4:00 p.m. scheduled for Saturday, August 21, 2004

 

  1. Public Communications and Petitions

Mr. Franz Krot, 281 Carriage Way, addressed the Council. His cost of living adjustment rose 1-½ percent, but his real estate bill increased by 28%. He questioned if the budget would have passed if the public were told their property taxes would increase 28% or the rumored 15%. He also questioned if the public was misled. He asked if we can believe that a six million dollar library expansion would cost taxpayers only a few dollars a year. Please spare us the fuzzy math and tell us the truth.

Mr. James Babb, 35 Crystal Lane, on behalf of the Caribbean Showcase Committee, thanked the Council and town for letting them have the showcase. There are several cultures represented in Windsor. He believes that if you know the culture of others, you will have a happier life. He noted that there were no disturbances that required police intervention. He urged residents to volunteer in town. He hopes not to see a Caribbean Showcase but a Windsor Showcase representing all of the cultures in Windsor in the future.

Ms. Mickey Mattei, 108 Gary Lynn Lane, alerted the Council regarding a zoning issue that will be coming up tomorrow. She invited the Town of Windsor to attend the Roberta Flack concert at SummerWind this weekend.

Mr. Edward Borowski, 221 Castlewood Drive, is disappointed in the 20% increase on his tax bill. He quoted the budget deliberations as stating a 4% increase in taxes. He wanted to know if the tax increase is proportionate to all the residents in Windsor.

Ms. Lynne Gillette, 11 Aster Place, read in the Windsor Journal that the position of Town Manager was not going to be open to applicants. She thinks that it would be beneficial to the town and to Mr. Souza if others could apply for the position. She liked the process that was taken when the Superintendent of Schools was selected and how it was open to the public. She encouraged the Council to do the same with the Town Manager’s position. She doesn’t think a national search needs to be done, but a regional search would suffice. We want to see this community working together. Recently, the pond at Walden Woods is a mess, it has green slime, and it needs to be addressed. She stated that a good portion of money had to be spent fighting the citizens in this town. The citizens of Walden Woods had to spend $200,000 in three and a half years to fight not to have apartments in Walden Woods. She was delighted when Mr. Wayne Radke, Public Works Department, came to Walden Woods with his associate. It was nice having him spend some time there.

Mr. Fenton Lewis, 37 Ludlow Road, addressed the Council regarding the tax increase. He is a new homeowner. His taxes increased $1,500. He doesn’t mind paying his share, but he feels that it was a misrepresentation. It also seems that certain people are paying more and some are paying less of a fair share.

Mr. Richard Rutkowski, 295 Kings Landing, spoke to the Council. He noted real estate changes and examples of significant decreases in commercial and industrial taxes. The average reduction is 12.3%. He displayed a chart of the distribution of the grand list including residential, commercial and industrial in 2002 and 2003. Resident owners have had enough in this town. The town budget in 2003 vs. 2004 property taxes for $62 million and all other revenue is $15 million for a total of $77 million. In 2004, it was $64-65 million for property taxes and $16 million for other for a total of $80 million. That is an increase of $3.3 million or 4.4% increase in spending. The burden of taxation must shift from the residential base to the commercial and industrial base. This must stop or we will start to see an exit of the residents in Windsor, especially of the senior citizens who live on a fixed income. We need to reverse that trend.

Ms. Laura Rose spoke of the tax increase of 22.6% for the Winter Woods area. Only 6% of residents received an increase of 4%. She is speaking on behalf of single mothers, homeowners, and families who are putting their children through college. She was embarrassed when her mortgage company called her and thought there was an error in her tax increase and she had to tell them it was not an error.

Mr. Edward Thomas, 192 Capen Street, is concerned about the recent budget increase. He owns a house, a business and a commercial building in town. After the referendum was approved, on his street the increase was anywhere from 4-24%. Part of this was due to revaluation. Most people in this town have no clue how the budget process works and actually expect to pay an increase every year, as long as it is a reasonable increase. They are looking for someone to lead this town who has no ties to the previous administration.

Mr. William Generous, 30 Karen Circle, distributed a sheet describing the recent tax increase misrepresentation in both pictures and words. Essentially, town staff used an incorrect and inappropriate "house" value prior to revaluation when deriving the representative residential real estate tax increase. This resulted in part of the real estate median "house" appreciation not being disclosed. He believes that the prior median "house" value of $138,000 used to derive the tax increase was incorrect and is really closer to $128,000. Another result was that an additional 8% of residential real estate tax increase was not publicly disclosed as part of the budget referendum materials. He attempted to file a written ethics complaint at the July 12th, 2004 Town of Windsor Board of Ethics meeting. He was informed that a resident cannot file the complaint directly but that it had to be referred by the Town Manager or a Town Council member at a regularly scheduled Town Council meeting. He is hoping his ethics complaint will be referred tonight. His primary complaint is against Mr. Leon Churchill, Former Town Manager; Mr. Peter Souza, Acting Town Manager; and Mr. Steve Kosofsky, Town Assessor. The complaint focuses on the misrepresentation of the residential real estate tax increase that may have possibly been willful. This is more about ethics and government accountability. It is about the town staff possibly taking advantage of a trusting and time strapped public that in large mass was not engaged in the budget referendum. Councilor Simon is the only Town Council member that publicly stated that he believed there was a misrepresentation.

Mr. Sam Hinckley, 209 Palisado Avenue, spoke about the comments made in the public hearing earlier this evening about the possible sale of the East Street property. He is the President of the First School Society, who owns and manages two cemeteries in Windsor. It is their only activity and will remain the only activity they are ever involved in.

Ms. Jennifer O’Neill, 124 Winterwood, said that she is new to Windsor as of last year. One of the reasons they chose to live in Windsor was the diversity in town. They also liked the median home values that they could afford. They were shocked to see a 25% tax increase on their taxes this year. It is too much for them to bear. She is disappointed that their 25% tax increase is in effect while the commercial and industrial taxes went down. They could be forced to look tat another town that doesn’t have such high tax increases.

Mr. Milton Walsh, 31 Joshua Hill, spoke to the Council regarding the large tax increase. Everyone took at face value the information provided in the budget sessions. There are lots of individuals in town who are on fixed incomes. Clearly, citizenship needs to get more involved in this process. Individuals need to be held accountable for this miscalculation. There are other towns that are attractive for residents to move to. The members of this Council took advantage of the apathy of residents in the town. It is important to examine each and every member of the Council and their voting history.

Ms. Wanda Colon-Ayala, 224 Castlewood Drive, has lived in Windsor almost nine years. She chose Windsor because of her children and the neighborhoods. Her children would like to stay in Windsor. With this increase in taxes, as a single parent and with a child about to attend college, she has to carefully determine if she can afford to stay in Windsor.

Mr. Sylvester Wynter, 74 Joshua Hill, spoke about his 33.8% tax increase. He is very upset and would like to know why it went up that much.

Mr. George Yeramian, 739 Prospect Hill Road, discussed the minutes of the last meeting in July. The minutes from the last meeting left off his suggestion of rerouting the dump road, but he said that it should follow with "through the woods to the dump road gate". He requested that the minutes be changed.

 

  1. Report of Appointed Boards and Commissions
  1. Board of Education

Ms. Jane Garibay, Board of Education, reported to the Council. The first day of school is August 31, 2004. They hired Robin G. Sorensen as Assistant Superintendent and Patricia Staszko-Kozik as Director of Pupil and Special Education Services.

A couple of teaching positions are still open, but hiring for the most part is completed. There are 40 new teachers. Ellsworth has a new Vice Principal, Ms. Eileen Andrews. JFK tile is complete and carpeting will be done soon. The Veteran Memorial Monument was installed at Poquonock School.

Councilor Broxterman asked if the Board would meet this month. Ms. Garibay responded that the school board would not meet formally this month.

  1. Public Building Commission

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

WHS – is essentially complete. Rooftop screening installation is scheduled to arrive soon and will be complete by the time school starts.

Goslee Pool – Aluminum awnings have been installed and the project will be closed out in the near future.

L.P. Wilson Roof – most materials have been delivered and work will begin this week.

Library Expansion Project – They are looking at temporary sites. The offices may remain in use. The cost estimate was higher than anticipated, but only 5% higher than anticipated and they feel they can work around it.

L.P. Wilson/Sage Park floors – they are on schedule and will be ready for the start of school.

JFK Floor Tile Abatement – on schedule.

Councilor Broxterman asked if and when we determine the temporary site, are we projecting that the library will be using that space or will it be storage. Mr. Novak said that it is for public use with parking spaces.

Moved by Councilor Jepsen, seconded by Councilor Broxterman to take a two-minute recess.

Motion Passed 9-0-0

 

  1. Town Manager’s Report

    Still time to enter "Windsor Bridge-Builders Awards "Public Invited to Submit Nominations Now

    This week is the deadline to submit a nomination for the "Windsor Bridge-Builders Awards" sponsored by the Town of Windsor Human Relations Commission and Citizens for a United Windsor. Anyone, of any age, may fill out an official nomination form for the 10th annual awards program.

    The Windsor Bridge-Builders Awards showcases true community role models in human relations. This can include students who have worked toward greater understanding of others in their school or neighborhood.

    Citizens for a United Windsor, a grass-roots organization, works to foster greater trust,

    understanding, and solidarity across the full spectrum of Windsor's racial, ethnic, and religious diversity.

    Three individuals, organizations, or businesses will be honored as Windsor Bridge-Builders at a ceremony and reception to be held on Thursday, Sept. 30, 2004 at the main branch of the Windsor Public Library. The event will be open to the community.

    Official nomination forms for the Windsor Bridge-Builders Awards are available at the Town Clerk's office in Town Hall, at the Main branch and the Wilson branches of the Windsor Public Library, and at L P. Wilson Community Center, outside of the Recreation Department.

    For more information about this awards program, call Bill Warner-Prouty at 688-7718, Nellie Holmes Mason at 728-0769, or Len Swade at 688-4351.

    Efforts of Volunteers Recognized as Valuable Resource

    In 2003, 157 individuals volunteered at the Windsor Senior Center for a total of 5,120 hours. This is an increase of approximately 1,400 hours from past years. Delivering meals to homebound residents and working in the Senior Center office are two of the more popular volunteer opportunities, but there is a wide variety of jobs such as helping with the production of the newsletter, helping at the flu clinic and health fair and many others.

    A member of the senior center staff recently attended a Volunteer Workshop, and was advised that a volunteer's time is worth $17.05 per hour. Using that rate, the 2003 volunteer hours represent a savings to the town in the amount of $87,306.23.

    Every year a Volunteer Luncheon is held to express our appreciation and to say thank you to the volunteers, and special recognitions are noted in the monthly Senior Newsletter.

    Road Repairs This Week

    Today, the town began using a new process called MulchSEAL to crack seal portions of River Street (between Hayden Station Road and Kennedy Road) and Day Hill Road (between Baker Hollow Road and Poquonock Avenue). Work will be performed by the town’s contractor, Marino Brothers of New England, Inc. from Middletown, CT, and will continue this week, from 7:30 AM to 3:30 PM ending this Friday, August 6th.

    MulchSEAL is a process that involves applying liquid asphalt in the cracks of the roadway and covering the area with a lightweight cover material. The MulchSEAL method of crack filling is an improvement over other crack filling methods. It is longer lasting on the pavement, especially on streets with heavier traffic. The liquid asphalt takes approximately 48 hours to set, so some dust and loose material will occur during that time. Motorists are asked to exercise caution driving through the effected area. There will be minor delays during the application process and vehicular traffic will be limited to one lane in those areas. It may be desirable to plan an alternate route, if possible.

    For more information, contact Public Works at 285-1855.

    Economic Development Update

    On occasion in the past, we have taken the opportunity to highlight specific economic development projects. This evening, I would like to provide a broader picture of economic development activity since October 1999.

    As a whole, Windsor has done well in terms of economic development and grand list growth. Since October 1999, 1.6 million square feet of non-residential building has taken place. This includes brand new structures and building additions. It does not include significant reinvestment in buildings such as Terry Steam on Lamberton Road and ADVO’s corporate campus off of Bloomfield Ave. Also, the TPZ has approved an additional 615,000 square feet of new buildings which have yet to be constructed.

    The 1.6 million square feet of construction translates into over $89 million of grand list growth. This value is for real estate only and does not take into account personal property. Furthermore, using a conservative formula for the 615,000 square feet of approved yet unbuilt space, there is the potential to generate an additional $30 million in grand list value.

    The value of the real estate development as of the October 2003 Grand List translates into approximately $1.8 million in tax revenue for FY 2005. This equals 8/10ths of a mill. Therefore, all else being equal, without the past 4 years of economic development activity, the FY 2005 mill rate would have been 29.63 vs. 28.83. For a home valued at $200,000 this economic growth translates into a reduced tax burden of $112.

    I would like to stress that these numbers include only real estate values and do not include personal property. For example, the Marriott Hotel and Conference Center pays $445,000 in real estate taxes along with an additional $84,000 in personal property taxes. In a number of cases involving commercial or industrial properties, the personal property and machinery can generate as much or more in revenue than the real estate.

    Windsor stills maintains a fairly well balanced economic base. Thirty percent of our value is non-residential. This is better than many communities in the Hartford region as well as statewide.

    Staff is committed to continuing our aggressive economic development efforts while also focussing on redevelopment of key sites and small business retention and assistance.


     

  2. Communication from Council Members

Councilor Broxterman – In 1988 and 1989, the median value home went from $65,000 to $175,000. The market dictates this, not the Council. It ebbs and flows and never comes at a good time. He explained the budget highlights of those years. There was a layoff of 49 teachers and there were no after school programs. There were cuts in services, like leaf collection. In 1989 his house cost $242,000 and it’s value decreased to $175,000, but he still paid on the $242,000. The last time he refinanced it was valued at $260,000. The Council doesn’t control, doesn’t impact or have direct effect on commercial, industrial or residential values. The wildcard here is the depreciation of commercial and industrial and the appreciation of residential properties. The Hartford Courant reported that most towns in Connecticut use Median Value. Is it right? No, but that is what they use. Spending was 3.8% - 3.9% more than last year.

Councilor Dean – was happy to see all of the residents turn out this evening.

Councilor Ellingwood – thanked everyone who came out this evening. The whole point of this discussion is to understand what we know, what we needed to know and how not to let this happen again.

Councilor Jepsen – thanked everyone for coming out tonight. He understands the reval process, but 5.8% became 15%. Councilor Jepsen said that he will submit Mr. Generous’ complaint to the Ethics Committee.

Councilor Simon – thanked all for coming out tonight. They will be moving up the item in the meeting tonight so that all may hear the discussion. The solution at the time of the 1989 increase was to phase in the increase over five years. It was a difficult time for the town. In 1999, most homeowners benefited from a shift in the increase for commercial and industrial taxes. The reason it is shifting back again is that homeowner property values have increased at a faster rate than commercial or industrial. He doesn’t see a good solution here. People have a right to be angry and he is hoping that some of these issues will be clarified later this evening.

Councilor Mulligan – thanked all for coming out.

Councilor Walker – thanked the teaching staff of CCSU, the Windsor Police Department, and all that supported the Caribbean Showcase. Windsor has seen a dramatic increase in real estate values. While there has been a shift to residential taxes, we must get more commercial development on Day Hill Road. We have lost bids to some companies because we have an antiquated approach. It was later discovered that we have to do what the other towns are doing by offering incentives to bring more commercial development. He noted the tax decrease by the commercial entities and he requested further information. Windsor needs to go back to building requirements. Maybe it’s time to take a dramatic approach, for example, increasing the lot sizes. Instead of putting up $200,000 homes, how about benchmarking higher at $400,000 to attract CEO’s who are moving to West Hartford. We also need to address the citizen complaints. Maybe we could make payments twice per year.

Deputy Mayor Curtis – the residents have legitimate concerns. Some got involved after the fact, just like he did 14 years ago. He hopes that some of the residents that came out tonight will stay involved. He said that we have to make sure that something like this never happens again. The annual revaluation will not result in this type of increase, it will keep the burden relatively stable. There was no attempt to mislead anyone. He congratulated those who put on the Caribbean Showcase.

Mayor Trinks – Alexander Scott, who developed Alex’s Lemonade Stand and raised $700,000 all across the country, who was also diagnosed at the age of one with cancer, has passed away. She made a pledge to raise a million dollars before she died and hopefully this effort and momentum will continue.

 

  1. 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.
  6. Personnel Committee – None.

     
  1. Ordinances
  1. Approve an ordinance regarding the sale of property on East Street

Moved by Councilor Jepsen, seconded by Councilor Broxterman that an ordinance entitled, "THE SALE OF EAST STREET PROPERTY IN THE AMOUNT OF $130,000.00" be approved.

The proposed transaction is for the sale of 9.73 acres in the amount of $130,000. The intended use is for cemetery purposes. The town is required to remove any public works construction material that is remaining on the parcel and to complete environmental assessments as needed. The town will retain public access from the river’s edge to the top of the slope along with access from the public road.

The Town Planning & Zoning Commission approved this transaction via a CGS §8-24 and its proposed use at its February 10, 2004 meeting.

Councilor Ellingwood asked Acting Town Manager Souza to discuss the value of the land. Acting Town Manager Souza said that the development of this parcel is limited, 50% of the parcel is affected by steep slopes and wetlands and is in the 100-year flood plan of the Farmington River. Even though it is nine acres, half is impacted by development potential. Two lots of fair market value are estimated to be $180,000 from the Town Assessor.

Councilor Walker asked if there is anything in the documentation that places the restriction of the land being used solely for cemetery use. Acting Town Manager Souza said if the Council wishes, the staff can add that requirement.

Councilor Broxterman asked if the First School Society does any business other than cemeteries. Acting Town Manager Souza responded that is the only business they are in.

Motion Passed 9-0-0
 

  1. Unfinished Business
    None.


     
  2. New Business
  1. Set a Special Town Meeting for September 7, 2004 at 7:15 p.m. (prevailing time) for an ordinance regarding the sale of property on East Street

Moved by Councilor Jepsen, seconded by Councilor Broxterman that a Special Town Meeting be set for September 7, 2004 at 7:15 p.m. (prevailing time) in the Council Chambers of the Windsor Town Hall, to approve or disapprove an ordinance entitled "THE SALE OF EAST STREET PROPERTY IN THE AMOUNT OF $130,000.00", which the Town Council has recommended its approval and be it further resolved that the Town Clerk is authorized and directed to post and publish notice of said Special Town Meeting.

Motion Passed 9-0-0

Moved by Councilor Simon, seconded by Councilor Jepsen to move Item 12. G. to this point in the agenda.

Motion Passed 9-0-0

G. Review and discussion of FY 2005 budget information

Acting Town Manager Souza explained that the FY 2005 Budget expenditures increased $3.3 million or 4.3% over the FY 2004 Budget.

Of the $3.3 million, the major drivers included:

  • BOE 1.9 million
  • General Government 900,000
  • MDC Sewer 236,000
  • Debt Service 257,000

The Town Council and management have taken a number of actions to mitigate expenditure increases. Such actions include:

  • Refinancing of outstanding debt ($120,000)
  • Lower cost for recycling ($40,000)
  • Lower liability and workers comp insurance ($120,000)
  • Reduced transfer to Pension Plan due to higher than expected investment performance ($178,000)
  • Hired cost containment consultant resulting in a reduction of approximately $220,000 in expenditures

The Town Council reduced the Town Manager’s proposed budget by nearly $1.5 million or 1.8%

Acting Town Manager Souza then began to explain how property revaluation impacted the FY 2005 budget. He stated the mission or goal of revaluation is to remove inequities in property assessments.

Revaluation caused the tax burden to shift from business properties to residential real estate. Primary factors causing this shift were:

  • Residential values appreciated at a higher rate than business properties
  • Personal Property, namely vehicles, lost value
  • New growth was 1%, which was relatively low for Windsor compared to the past 4 or 5 years

In 2002 Residential Assessments totaled 67% and Non-Residential Assessments equaled 33%.

In 2003 Residential Assessments equaled 70% and Non-Residential Assessments were 30%.

Residential property values on average increased 29% and Commercial/Industrial property values on average increased 20%.

Similar to past years, including the1989 and 1999 revaluations, staff continued the practice of using the median value home as our comparison point or benchmark.

The 5.8% increase was the tax impact to the median valued home in 2002 ($138,000, based on sale price) to the median valued home in 2003 after revaluation ($170,000). This demonstrated the impact on the median valued home from one year to the next, not the median tax increase.

This benchmark is used by a range of cities and towns, along with other public and private 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 varied accordingly. The average dollar impact was $459, or just below 15%.

Acting Town Manager Souza suggested that the Town Council and staff continue this discussion in terms of the best method of how to explain and communicate future budget impacts. Suggested options may be:

  • Developing on the town’s website a Tax Impact Calculator
  • Presenting the residential tax impact in $25,000 increments starting with a $100,000 home through a home valued at $350,000

Both of these options would allow individual property owners the ability to determine the tax impact of their property.

Councilor Ellingwood asked if there is statistically, any value to that number on the median house and asked when did we realize that it was a mistake. Acting Town Manager Souza responded that we stayed with the $138,000 as the median and that was obviously in error. Mr. Steve Kosofsky, Town Assessor, replied that in 2002, it was 67% residential and 33% non-residential. It was his estimate that it would increase to 70% residential and 30% non-residential. In March of 2004, they used the comparison of $131,000. To get to the absolute bottom of this, no one is concerned about median, average or anything. They are concerned what is the impact on them personally. His recommendation to the Acting Town Manager is not to talk medians or averages. We could give them information based on our existing budget, however, the bills go out around Christmas, before the budget process starts.

Councilor Broxterman commented that people don’t like comparisons if they don’t fit their argument. You have to make a comparison to decide if this is intolerable, you may have to choose another town and decide if that municipality provides the services that Windsor does. He feels that Windsor provides excellent services. He pleaded with residents to check other towns and their amenities. You will find that those people are just as upset at their increases as we are. Some of those towns are going to defer or delay those increases because they are so high that their constituents will not put up with it. They will have zero growth. The grass isn’t necessarily greener on the other side. There are towns who may have better senior services or better educational services, but as a whole we have good services. He doesn’t like to be told that he plotted to slip this in and it’s not pleasant and it’s not going to go away. Staff and Council will do their best to convey this in a better fashion. He has been involved in the process for fifteen years and still gets confused. If there is a better way, they are open to it and he is willing to listen.

Deputy Mayor Curtis appreciates Acting Town Manager Souza’s explanation of the error. There are other towns going through the same issues right now and are trying to figure out what to do about it. Some condominiums in Bloomfield will go up 100% next year. Deputy Mayor Curtis asked if there is some way for us to shift the burden from residential to commercial or industrial. Mr. Kosofsky said that there was no way the town can to do this under Connecticut statutes. The statutes are very clear that all properties shall be assessed at 70% of fair market value. Valuations in 2003 were based on market values at that time. If a commercial or industrial property is income producing, they must rely more heavily on the income approach, otherwise they use sales data according to state statutes.

Councilor Simon clarified that the 15% tax impact is average. The 11% tax impact based on reval is the correct median tax increase from the last reval to the current reval. The budget impact was 4%. It isn’t town spending that caused your tax increases to go as high as they went, it is the increase in the value of your home that caused this issue. The crux of this issue is that people feel that they were given bad information. If the Council had known 4-6 weeks before the budget what the impact would be they would have made different decisions on the budget. However, when they believed it would be 5.8% they didn’t make alternate decisions. Revaluation will not change. People in the town have the right to a benchmark figure as to what the impact will be, perhaps a median tax impact vs. a median home value. We can’t let this sort of thing happen again, we need to find out why it happened.

Councilor Mulligan asked if any of the commercial/industrial properties listed on Mr. Rutkowski’s chart have taken advantage of the tax abatement program. Mr. Kosofsky said that none of them had. Acting Town Manager Souza added that there may be one or two who had received infrastructure assistance.

Councilor Ellingwood asked if we have thought about long term trends related to the industrial/commercial property. He senses that there is a reverse trend to the glory days of industrial growth in Windsor. Acting Town Manager Souza responded that the economic development within the region has changed, moving from industrial and manufacturing basis to warehousing and logistics. The TP&Z passed zoning restrictions along the Day Hill Road corridor to encourage office building and warehousing space. That is one of the reasons the tax abatement policy was created.

Councilor Jepsen commented that on the day we passed the budget, he asked the Town Manager about the $138,000, questioning the $131,000 figure. Our budget book has a 7.9% tax increase, where did that number come from. The change in residential values comes out to 15%, it is not the right way to do it, but it is closer than the 5.8% or 7.9%. He thinks that this is more than a mistake and it needs to be investigated.

Mayor Trinks does not feel it was intentional and said that if there were any wrongdoings, the Town Manager and/or his staff would be removed. He does not to this day feel that there was misrepresentation, an error perhaps. This is the way we have always looked at these figures. Now we have it and what can we do about it. We can make changes for next year. He thought and hoped that commercial/industrial would also follow residential property value increases, but it didn’t. This wasn’t malicious. Unfortunately the burden shifted onto residential. As a Council, we approved a position in Economic Development to bring additional business to the town. We are running out of development space in town. There may be commercial development near residential areas. We can’t have it both ways. From January to June this year, our average home sale was $209,000. Our housing values are up and so are our taxes. You won’t find a cheaper community unless you want to move to East Hartford or Plainville. Should we have taken those numbers and followed up on them? Yes. He has been on this Council longer than any other member has and all through the years they followed the same process. He apologizes for those whose taxes have gone up well in excess of the amounts that they thought they would.

Councilor Dean said that she would not have voted for the budget had she known that those numbers would be different. She herself, was told that she would have a 17% increase, and she was told that certain areas in Windsor are in higher demand and have higher market values. We haven’t seen mortgage rates this low in over 40 years. She doesn’t understand how the numbers turned out like that. The residents were under the impression that it was a 5.8% increase and they budgeted for that. They are looking for an explanation.

Councilor Walker said there are still a lot of questions that he has and this body depends on town staff to put the numbers together. We have a Finance Committee that meets and goes over the numbers to verify and double check. He is not going to blame too much because blaming doesn’t solve the problem. This body needs to acknowledge that publicly there were errors and that was done tonight. We need to communicate to all residents the numbers. We need to put something simple in writing. Accompany that with a plan of how we plan on preventing this in the future. He asked when and how soon do we communicate to the residents, they have a right to know.

Councilor Jepsen can understand if it was a mistake. To him, the single most important number that the residents look at should not be a mistake, especially more than one mistake. If we don’t do our due diligence and track it down, we are not doing our job.

Moved by Deputy Mayor Curtis, seconded by Councilor Jepsen to move Item 12. E. to this point in the agenda.

Motion Passed 9-0-0
 

  1. Approve appropriation to Archer Memorial A.M.E. Church for Windsor Freedom Trail activlites

      Approve appropriation to Archer Memorial A.M.E. Church for Windsor Freedom Trail activities

Moved by Deputy Mayor Curtis, seconded by Councilor Walker that $7,890 from the General Services, Community Services Account, Arts and Culture Allocation, be appropriated to the Archer Memorial A.M.E. Zion Church to support Windsor Freedom Trail celebration activities.

Motion Passed 8-0-0 (see below for amended motion)

During the budget adoption process, the Town Council reduced the proposed appropriation to the Archer Memorial A.M.E. Zion Church for annual Freedom Trail Celebrations by $7,890. These funds were placed in a so-called Arts and Culture Allocation fund, with the understanding that the celebration committee could request an appropriation from the Town Council at a later date.

The Archer Memorial A.M.E. Zion Church Freedom Trail Committee is requesting an appropriation of $8,730 to fund the 2004 Windsor Freedom Trail activities. Specifically, the funds would be used to support the annual Gospel Festival, which is planned for September 25th. The cost of producing the festival is estimated to be $10,180.

The requested amount is in addition to the $4,110, which was approved as part of the FY 2005 budget and is used to fund other annual Freedom Trail activities in town. The additional funds would need to be appropriated out of the General Government, Community Services Account, Arts and Culture Allocation fund. An allocation of $41,690 was set aside. To date, the Town Council has appropriated a total of $31,700 to Celebrate Windsor and the Caribbean Cultural Showcase, leaving an available balance of $9,990. This amount is not adequate to fund both WIN-TV and Freedom Trail requests, which comes to a total of $15,030.

Councilor Ellingwood asked about the change from SummerWind to WHS. Mr. Alfred Narcisse, Chairman of the Freedom Trail and member of the Connecticut Trail Planning Committee, responded that they could not go with SummerWind without a canvas so they switched it to the high school and they plan on going back to SummerWind once the canvas is replaced. Councilor Ellingwood asked if costs went down or up from the switch in venue. Mr. Narcisse said that the costs went down. Councilor Ellingwood asked if cuts could be made to the miscellaneous line if a reduction had to be made. Mr. Narcisse said that "miscellaneous" covers security and other costs.

Deputy Mayor Curtis said that the Council never saw the original request of $12,840, they saw the $12,000 requested in the budget book. That is why the original amount of $4,110 was adopted and the remaining was set aside.

Councilor Mulligan has a problem with this procedure because there is a budget process. We went through the process and passed the budget and are now finding out that it was not what was originally requested.

Councilor Ellingwood supports the budgeted amount of $7,890.

Councilor Dean asked if the event could go on with the decreased amount. Mr. Narcisse said that at this late date, they would have to make it work rather than risk the event not happening.

Amended by Councilor Ellingwood, seconded by Councilor Jepsen that $7,890 from the General Government, Community Services Account, Arts and Culture Allocation fund, be appropriated to the Archer Memorial A.M.E. Zion Church to support Windsor Freedom Trail celebration activities.

Amendment Passed 6-2-0 (Mayor Trinks absent, Councilor Walker and Deputy Mayor Curtis opposed)
 

  1.  
      Accept the deed of state-owned parcel on Deerfield Road 

      Moved by Councilor Broxterman, seconded by Councilor Walker to adopt the attached resolution entitled, "RESOLUTION ACCEPTING THE CONVEYANCE OF .12 ACRES OF LAND FROM THE STATE OF CONNECTICUT".

      The development of the town’s "Redevelopment Parcel" located south of I-291 and east of Route 159, requires assembly of four separate tracts of land. Mr. Jim Burke, Economic Development Director, and Mr. Jim Hallisey, Community Development Coordinator, explained the discontinuance of a portion of Deerfield Road.

      To complete the site assembly, the town must accept a deed from the State for the conveyance parcel and formally discontinue the use of a portion of Deerfield Road. This will allow the entire site to be contained within a continuous boundary and under one ownership.

      Mr. Hallisey addressed the utility issue that was brought up earlier. The proposed resolution specifically calls for a provision of easements to existing utilities.

      Motion Passed 9-0-0

       

  2. Approve the discontinuance of a portion of Deerfield Road

    Moved by Councilor Broxterman, seconded by Councilor Walker to adopt the attached resolution entitled, "RESOLUTION TO DISCONTINUE A PORTION OF DEERFIELD ROAD RIGHT OF WAY".

    Motion Passed 9-0-0

     

  3. Approve waiving of first right of refusal for the transfer of Fitch Court Apartments, 156 Bloomfield Avenue

    Moved by Councilor Jepsen, seconded by Councilor Broxterman that the Town of Windsor waives its right of first refusal on the sale of 156 Bloomfield Avenue (Fitch Court Apartments) with regards to the proposed Quit Claim deed from the Housing Authority of the Town of Windsor to Fitch Court Apartments, Inc. provided that the town retains a first right of refusal for future sales of said property.

    Acting Town Manager Souza gave a brief overview. Fitch Court is located at 156 Bloomfield Avenue and has been owned by the Town of Windsor since 1924, serving as a school and recently as elderly housing. Fitch Court was converted to a housing complex in 1985 when the town entered into a 60-year lease with a private development firm. The Connecticut Housing Finance Agency foreclosed on the property in January 1999 due to the private developer’s lack of financial performance. In the spring of 2001, the Town Council and a Special Town Meeting approved the transfer of the property to the Windsor Housing Authority. Included in the Quit Claim deed was a first right of refusal on any proposed sale of property in favor of the town.

    Fitch Court will continue to be used for senior housing. The town will retain a first right of refusal for future sales of the property.

    Motion Passed 9-0-0

     

    F.  Approve appropriation to WIN-TV

    Moved by Councilor Simon, seconded by Councilor Dean that $2,100 from the General Government, Community Services Account, Arts and Culture Allocation fund, be appropriated to WIN-TV.

    Acting Town Manager Souza gave a brief overview. During the budget adoption process, the Town Council reduced the proposed appropriation of $15,000 to WIN-TV by $6,300. These funds were placed in a so-called Arts and Culture Allocation. The use of these funds would be for annual operating costs. WIN-TV has also asked for a $12,500 appropriation for the purchase of equipment. WIN-TV is now requesting $6,300. This amount is in addition to the $8,700, which was approved as part of the FY 2005 Budget. The $8,700 is the same level of funding as WIN-TV received in FY 2004. If the Town Council approves additional financial support, it is recommended that the funds be appropriated out of the General Government, Community Services Account, Arts and Culture Allocation fund.

    An allocation of $41,690 was set aside in the above account. To date, the Town Council has appropriated a total of $31,700 to Celebrate Windsor and the Caribbean Cultural Showcase, leaving an available balance of $9,990. This amount is not adequate to fund both WIN-TV and Freedom Trail requests, which comes to a total of $15,030.

    WIN-TV’s request for capital funding is not being recommended as there is no identified funds available in the FY 2005 Budget other than the General Fund Undesignated Fund Balance.

    Mayor Trinks is very reluctant to spend anything above and beyond budgeted amounts.

    Councilor Ellingwood supports the $2,100 that is remaining in the fund.

    Councilor Broxterman will not support this because WIN-TV is not fundraising. In his opinion, they are supported very strongly. The school board also provides $15,000.

    Motion Passed 7-2-0 (Mayor Trinks and Councilor Broxterman opposed)

    Moved by Councilor Jepsen, seconded by Councilor Broxterman to extend the meeting by fifteen minutes.

    Motion Passed 9-0-0

     

  1.  
      Resignations and Appointments

         
        None.
           Resignations and Appointments
      1. Minutes of Preceding Meetings
      1. Minutes of the July 6, 2004 Regular Town Council Meeting

      Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the July 6, 2004 Regular Town Council Meeting. Corrections: Page 1 – Item 5. Public Communications and Petitions, Mr. George Yeramian’s comments should be: "He asks the Council now to start a procedure to reroute the horrible dump traffic down Knolls Road, directly off of Day Hill Road through the woods to the dump road gate.

      Motion Passed 9-0-0

       

      1. Public Communications and Petitions

      Mr. Richard Rutkowski, 295 Kings Landing, suggested that they consider hiring a professional statistician during the upcoming budget process. He believes it will be money well spent. He commended the Assessor, Steve Kosofsky, for giving him the statistical information and values he presented earlier. He was very sincere and professional.

      Mr. Bill Generous, 30 Karen Circle, appreciates Acting Town Manager Souza’s elaboration and admission of a mistake. Citizens did not come here tonight to cut the budget, there was a disconnect with what they were told and the actual tax increase. His e-mails explained possible solutions as well as the facts. He proposed scrapping the revaluation and keeping the current budget, leading to a 4.1% increase and the reval could be put off until 2006. Just because properties appreciate substantially does not mean that the property tax will go up substantially. Why wait for the market to shift from residential to commercial/industrial.

      Mr. Richard Rutkowski, 295 Kings Landing, applauded the Council for adopting an annual revaluation so you won’t see these big spikes. The problem he has with it is doing it by a table top computer reval. There are residents in town who make improvements without permits in this town. A drive-by reval is also dangerous. If we are going to do a reval every year, hire a competent firm every year to do a sampling of these homes.

      Mr. Edward Thomas, 192 Capen Street, said his faith has been shaken tonight. It seems like there is a lack of intelligence in how this process goes about. It is a serious issue that deserves to be discussed and acted upon immediately.

      Moved by Councilor Jepsen, seconded by Councilor Broxterman to extend the meeting by fifteen minutes.

      Motion Passed 9-0-0

      Moved by Councilor Jepsen, seconded by Councilor Broxterman to enter into Executive Session at 11:15 p.m. for the purpose of:

      1. Strategy and negotiations with respect to pending claims and litigation
      2. Discussion of the appointment, employment, performance, evaluation health or dismissal of a public officer or employee

      Motion Passed 9-0-0

       

      1. Executive Session

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

        Guests: Acting Town Manager Peter Souza, Town Assessor Steve Kosofsky

        Acting Town Manager Souza and Town Assessor Kosofsky left Executive Session at 11:30 p.m.

        Moved by Councilor Broxterman, seconded by Councilor Jepsen to exit Executive Session and reconvene the Regular Town Council meeting at 11:53 p.m.

        Motion Passed 9-0-0

        Moved by Councilor Jepsen, seconded by Councilor Broxterman to extend the Regular Town Council meeting until 11:55 p.m.

        Motion Passed 9-0-0

        Moved by Councilor Broxterman, seconded by Councilor Mulligan that the terms of settlement reached during the Town Council’s Executive Session in the matter of Cadle Company versus the Town of Windsor be accepted.

        Motion Passed 7-0-0 (Deputy Mayor Curtis and Councilor Walker out of room)

        Moved by Councilor Jepsen, seconded by Councilor Broxterman that the terms of the settlement reached during the Town Council’s Executive Session in the matter of SNET versus the Town of Windsor be accepted.

        Motion Passed 9-0-0


         

      2. Adjournment

      Moved by Councilor Jepsen, seconded by Councilor Broxterman to adjourn the Regular Town Council Meeting at 11:56 p.m.

      Motion Passed 9-0-0

      Respectfully submitted,

       

       

      Kristin Countryman

      Clerk of the Windsor Town Council

      Cc: Town Clerk

      Main Library

      Wilson Branch

       

       

AN ORDINANCE APPROVING THE SALE OF EAST STREET PROPERTY IN THE AMOUNT OF $130,000.00

 

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WINDSOR:

Section 1. A contract for the sale of the land and any improvements thereon on East Street, Windsor, Connecticut between the First School Society of the Town of Windsor and the Town of Windsor dated is hereby approved.

Section 2. The Town Manager is authorized to make such modifications as may be required from time to time in the contract which does not substantially change the terms thereof and to execute all closing documents and expend such funds as may be required to effect the closing of title and to enforce the contract.

Section 3. This Ordinance shall become effective ten (10) days after publication in a newspaper having circulation in the Town of Windsor after approval of a Special Town Meeting.

APPROVED AS TO FORM:

___________________________________

Town Attorney

 

ATTEST:

___________________________________

Town Clerk

Distributed to Town Council: 7/16/04

Public Hearing Advertised: 7/23/04

Referred to Town Meeting: 8/02/04

Town Meeting Approval: 9/07/04

Publication Date: 8/23/04

Effective Date: 9/2/04


 

Schedule A

 

Deed Description – 126 East Street, Windsor, CT

A certain piece or parcel of land together with any improvements thereon located at 122/124T East Street, Windsor, Connecticut and also shown as Lot 1 on a map entitled "Proposed Subdivision Plan Prepared for First School Society, Fuss & O'Neill, Inc., Consulting Engineers, date 6/7/04, Sheet 1 of 1", to be recorded on the Land Records of the Town of Windsor.

Beginning at a point on the easterly streetline of East Street, being the same point as the south westerly corner of property now or formerly of Eugene and Martha Lehman, as described in Volume 470 Page 128 of the Windsor Land Records, thence running N 68-53'-55" E a distance of 172.42 feet to a point, thence N 68-26'20" E a distance of 149.79 feet to a point, thence N 69-39'-28" E a distance of 253.11 feet to a point thence N 70-17'-52" E a distance of 444 feet more or less to the Farmington River thence in a generally south easterly direction along the edge of the water of the Farmington River to a point a distance of 962 feet more or less to a point, thence S 58-27'-43" W a distance of 431 feet more or less to a point, thence N 09-58'-23" E a distance of 70.78 feet to a point, thence N 24-28'-19" W a distance of 699.85 feet to a point, thence S 75-01'20" W a distance of 732.01 feet to a point, thence N 15-47'-43" W a distance of 85.01 to a point, thence S 75-01'-20" W a distance of 150 to a point on the easterly streetline of East Street, thence N 15-47'43 W along said easterly streetline of East Street a distance of 71.09 feet to the point and place of beginning.

The Town of Windsor reserves an easement for the purpose of perpetual enjoyment of the riverfront for its citizens in the area designated as the 100 year flood plain on Flood Plain maps in the Town of Windsor. That easement shall be from the river’s edge to the top of the slope as shown on said maps. The Town of Windsor reserves entry from the public road to said easement area for use by pedestrian and vehicular access and for construction and maintenance equipment.

 


 

RESOLUTION PROVIDING FOR THE DISCONTINUATION THE RIGHT OF WAY OF A PORTION OF DEERFIELD ROAD

 

WHEREAS, the Town of Windsor has identified the land situated immediately east of Route 159 and extending to Decker’s brook, and south of the I-291 on ramp as appropriate for redevelopment; and

WHEREAS, said property is presently comprised of various separately described parcels, including a right-of way for the southerly end of Deerfield Road which is no longer used as a travel way; and

WHEREAS, the Town Council find that is in the public interest to assemble the various parcels into a single parcel to render the site more desirable for redevelopment; and

WHEREAS , the Town Council has the authority to discontinue a town road under Section 13a-49 of the Connecticut General Statutes and Section 3-6 of Windsor’s Town Charter.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF WINDSOR, CONNECTICUT:

Section 1. That the right-of-way of portion of Deerfield Road as described on Schedule A (attached) is hereby discontinued subject to the provision of easements to existing utilities.

 

Section 2. That the Town Manager is hereby authorized and directed to file a copy of this resolution in the Records of the Windsor Town Clerk.

 

Passed, approved and adopted this 2nd day of August, 2004.

 

___________________________

Donald S. Trinks, Mayor