October 2, 2023 Council Meetings
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Items 1- 3 - 1. Call Meeting to Order
2. Pledge of Allegiance
3. Roll Coll
Items 1- 3
1. Call Meeting to Order2. Pledge of Allegiance
3. Roll Coll
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Item 4 - Mayor's Remarks
Item 4
Mayor's Remarks
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Item 5 - Adoption of Agenda
Item 5
Adoption of Agenda
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Item 6 - Communications and Reports from the Town Manager
Item 6
Communications and Reports from the Town Manager
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Item 7 - Public Input for Items on the Agenda
Item 7
Public Input for Items on the Agenda
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Item 17 - Executive Session
(Please invite Town Manager, Michael Maniscaico and Assistant Town Manager, Mr. Roberts and any other appropriate personnel deemed necessary).
a) Pending litigation regarding 460 Miller Road
Item 17
Executive Session(Please invite Town Manager, Michael Maniscaico and Assistant Town Manager, Mr. Roberts and any other appropriate personnel deemed necessary).
a) Pending litigation regarding 460 Miller Road
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Item 13D - Councilor Lydecker
Resolution settling litigation regarding 460 Miller Road
WHEREAS, on October 24, 2017 the Town and its Zoning Enforcement Officer brought an action for zoning compliance and injunction against the property owners of 460 Miler Road with regards to blight and zoning violations on the property; and
WHEREAS, the Superior Court entered judgment in favor of the Town on February 14, 2019, enjoining the use of the Property for commercial purposes and awarded damages and attorney fees against the owners; and
WHEREAS, the award of damages was appealed to the Connecticut Appellate Court, which reversed the trial court in part and remanded the matter for a new trial; and which decision was further appealed by the Town to the Connecticut Supreme Court, which reversed the trial court and Appellate Court and remanded the matter for a new trial limited to the measure of damages; and
WHEREAS, on June 3, 2019 one of the property owners commenced litigation against the Town in the United States Bankruptcy Court resulting in an award in favor of the property owner in the amount of $120,144.61 and which limited the amount of offsetting damages in the Town's zoning enforcement action against the property owner; and
WHEREAS, on January 18, 2022, Town and property owner agreed that the Town would deposit the $120,144.61 into the Bankruptcy Court in full satisfaction of the Bankruptcy Court award for the property owner, pending the further resolution of award of damages in the Town's zoning enforcement action; and
WHEREAS, the parties mediated their remaining disputes regarding damages in the Town's zoning enforcement action before the Honorable Susan Connor on July 12,2023 ("Mediation") which resulted in a settlement in which the Town will recoup as a set off the sum of $30,000 from the $120,144.61 being held by the Bankruptcy Court, with the remainder being disbursed for the benefit of the property owner, in full and final satisfaction of all claims between the property owner and Town, except for the enforcement of the court's injunction and the ongoing liens for real estate taxes, which both remain intact.
NOW THEREFORE, BE IT RESOLVED, that the Town of South Windsor authorizes the Town Manager to execute a Settlement and Release Agreement in accordance with the above terms, and any other documents necessary to effectuate such settlement.
Item 13D
Councilor LydeckerResolution settling litigation regarding 460 Miller Road
WHEREAS, on October 24, 2017 the Town and its Zoning Enforcement Officer brought an action for zoning compliance and injunction against the property owners of 460 Miler Road with regards to blight and zoning violations on the property; and
WHEREAS, the Superior Court entered judgment in favor of the Town on February 14, 2019, enjoining the use of the Property for commercial purposes and awarded damages and attorney fees against the owners; and
WHEREAS, the award of damages was appealed to the Connecticut Appellate Court, which reversed the trial court in part and remanded the matter for a new trial; and which decision was further appealed by the Town to the Connecticut Supreme Court, which reversed the trial court and Appellate Court and remanded the matter for a new trial limited to the measure of damages; and
WHEREAS, on June 3, 2019 one of the property owners commenced litigation against the Town in the United States Bankruptcy Court resulting in an award in favor of the property owner in the amount of $120,144.61 and which limited the amount of offsetting damages in the Town's zoning enforcement action against the property owner; and
WHEREAS, on January 18, 2022, Town and property owner agreed that the Town would deposit the $120,144.61 into the Bankruptcy Court in full satisfaction of the Bankruptcy Court award for the property owner, pending the further resolution of award of damages in the Town's zoning enforcement action; and
WHEREAS, the parties mediated their remaining disputes regarding damages in the Town's zoning enforcement action before the Honorable Susan Connor on July 12,2023 ("Mediation") which resulted in a settlement in which the Town will recoup as a set off the sum of $30,000 from the $120,144.61 being held by the Bankruptcy Court, with the remainder being disbursed for the benefit of the property owner, in full and final satisfaction of all claims between the property owner and Town, except for the enforcement of the court's injunction and the ongoing liens for real estate taxes, which both remain intact.
NOW THEREFORE, BE IT RESOLVED, that the Town of South Windsor authorizes the Town Manager to execute a Settlement and Release Agreement in accordance with the above terms, and any other documents necessary to effectuate such settlement.
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Item 8 - Adoption of Minutes of Previous Meeting
Approval of September 5, 2023 Town Council Meeting Minutes
BE IT RESOLVED, that the South Windsor Town Council hereby approves the Minutes of the Regular Town Council Meeting of September 5, 2023.
Approval of September 18, 2023 Town Council Meeting Minutes
BE IT RESOLVED, that the South Windsor Town Council hereby approves the Minutes of the Regular Town Council Meeting of September 18, 2023.
Item 8
Adoption of Minutes of Previous MeetingApproval of September 5, 2023 Town Council Meeting Minutes
BE IT RESOLVED, that the South Windsor Town Council hereby approves the Minutes of the Regular Town Council Meeting of September 5, 2023.
Approval of September 18, 2023 Town Council Meeting Minutes
BE IT RESOLVED, that the South Windsor Town Council hereby approves the Minutes of the Regular Town Council Meeting of September 18, 2023.
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Item 9 - Communication from Liaisons, Officers, and Boards Directly Responsible to Council
> Planning and Zoning Commission (Councilor Kozikowski)
> Agricultural Commission (Councilor Lopez)
> Capital Projects (Assistant Town Manager, Mr. Roberts)
> Inland Wetlands Agency/ Conservation Commission (Deputy Mayor King)
> Patriotic Commission (Mayor Pendleton)
> Economic Development Commission (Deputy Mayor King)
> Insurance Control Commission (Town Manager, Mr. Maniscaico)
Item 9
Communication from Liaisons, Officers, and Boards Directly Responsible to Council> Planning and Zoning Commission (Councilor Kozikowski)
> Agricultural Commission (Councilor Lopez)
> Capital Projects (Assistant Town Manager, Mr. Roberts)
> Inland Wetlands Agency/ Conservation Commission (Deputy Mayor King)
> Patriotic Commission (Mayor Pendleton)
> Economic Development Commission (Deputy Mayor King)
> Insurance Control Commission (Town Manager, Mr. Maniscaico)
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Item 10 - Reports from Committees
Item 10
Reports from Committees
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Consent Agenda - [All items listed under this section are considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the Consent Agenda and be considered in its normal sequence on the Agenda.]
A. First Reading
None.
B. Second Reading
None.
C. Miscellaneous
None.
Consent Agenda
[All items listed under this section are considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the Consent Agenda and be considered in its normal sequence on the Agenda.]A. First Reading
None.
B. Second Reading
None.
C. Miscellaneous
None.
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Item 12A - Discussion Item: Implementation of updated Strategic Plan
Item 12A
Discussion Item: Implementation of updated Strategic Plan
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Item 13A - Deputy Mayor King
Resolution changing the Planning Department's approved budgeted title of
Assistant Director of Planning/Economic Development Coordinator to Assistant Planner
WHEREAS, in the 2023/2024 Fiscal Year Budget, the Town Council approved the hiring of an Assistant Director of Planning/Economic Development Coordinator; and
WHEREAS, it has been determined that this position is not attracting applicants with the combined title; and
WHEREAS, this position would be most fitting as a supervisory roll with the title of Assistant Planner; and
WHEREAS, the Town has an approved title of Assistant Director of Planning, Grade 5 listed in the approved Non-Bargaining Job Classification Schedule that the Assistant Planner title will replace; and
WHEREAS, there was a consensus of Council Members at the September 18, 2023 Town Council Meeting that it would be in the best interest of the Town to hire an Assistant Planner at the budgeted salary of $100,000 to properly fill the department for succession planning;
NOW THEREFORE BE IT RESOLVED, that the Town Council approves changing the budgeted position title from Assistant Director of Planning/Economic Development Coordinator to Assistant Planner and replacing the Assistant Director of Planning title with the title of Assistant Planner on the Non-Bargaining Job Classification Schedule.
Item 13A
Deputy Mayor KingResolution changing the Planning Department's approved budgeted title of
Assistant Director of Planning/Economic Development Coordinator to Assistant Planner
WHEREAS, in the 2023/2024 Fiscal Year Budget, the Town Council approved the hiring of an Assistant Director of Planning/Economic Development Coordinator; and
WHEREAS, it has been determined that this position is not attracting applicants with the combined title; and
WHEREAS, this position would be most fitting as a supervisory roll with the title of Assistant Planner; and
WHEREAS, the Town has an approved title of Assistant Director of Planning, Grade 5 listed in the approved Non-Bargaining Job Classification Schedule that the Assistant Planner title will replace; and
WHEREAS, there was a consensus of Council Members at the September 18, 2023 Town Council Meeting that it would be in the best interest of the Town to hire an Assistant Planner at the budgeted salary of $100,000 to properly fill the department for succession planning;
NOW THEREFORE BE IT RESOLVED, that the Town Council approves changing the budgeted position title from Assistant Director of Planning/Economic Development Coordinator to Assistant Planner and replacing the Assistant Director of Planning title with the title of Assistant Planner on the Non-Bargaining Job Classification Schedule.
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Item 13B - Discussion Item: Sidewalk installation on Birch Hill Drive and Felt Road
Item 13B
Discussion Item: Sidewalk installation on Birch Hill Drive and Felt Road
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Item 13C - Councilor Lopez
Resolution for the installation of sidewalks on Birch Hill Drive and Felt Road
WHEREAS, the Town of South Windsor's residents have requested sidewalks to be installed along the entirety of Birch Hill Drive; and
WHEREAS, the Town Council per Sec 86-85 of the code of ordinances held a public hearing on July 17th 2023 to obtain public input on the installation of sidewalks along Birch Hill Drive; and
WHEREAS, the residents of South Windsor approved a bond referendum in 2022 that included funding to repair existing sidewalks and install new sidewalks in Town.
NOW, THEREFORE BE IT RESOVLED, that the Town Council per Sec 86-85 of the code of ordinances finds that sidewalks along Birch Hill Road will serve the public need and authorizes the Town Manager to install sidewalks along the entirety of Birch Hill Road in accordance with the town's standards and specifications.
Item 13C
Councilor LopezResolution for the installation of sidewalks on Birch Hill Drive and Felt Road
WHEREAS, the Town of South Windsor's residents have requested sidewalks to be installed along the entirety of Birch Hill Drive; and
WHEREAS, the Town Council per Sec 86-85 of the code of ordinances held a public hearing on July 17th 2023 to obtain public input on the installation of sidewalks along Birch Hill Drive; and
WHEREAS, the residents of South Windsor approved a bond referendum in 2022 that included funding to repair existing sidewalks and install new sidewalks in Town.
NOW, THEREFORE BE IT RESOVLED, that the Town Council per Sec 86-85 of the code of ordinances finds that sidewalks along Birch Hill Road will serve the public need and authorizes the Town Manager to install sidewalks along the entirety of Birch Hill Road in accordance with the town's standards and specifications.
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Item 13E - Councilor Evans
Resolution approving nineteen (19) refunds for the total of $7,795.22
BE IT RESOLVED, that the South Windsor Town Council hereby approves a refund of taxes to nineteen (19) South Windsor Taxpayers, the total of said refunds being $7,795.22 and as more fully described on attachment exhibit A.
Item 13E
Councilor EvansResolution approving nineteen (19) refunds for the total of $7,795.22
BE IT RESOLVED, that the South Windsor Town Council hereby approves a refund of taxes to nineteen (19) South Windsor Taxpayers, the total of said refunds being $7,795.22 and as more fully described on attachment exhibit A.
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Items 16 & 18 - 16. Communications from the Council
18. Adjournment
Items 16 & 18
16. Communications from the Council18. Adjournment
