1. Call Meeting to Order 2. Pledge of Allegiance 3. Roll Coll
Mayor's Remarks
Adoption of Agenda
Communications and Reports from the Town Manager
Public Input for Items on the Agenda
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
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.
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.
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)
Reports from Committees
[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.
Discussion Item: Implementation of updated Strategic Plan
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.
Discussion Item: Sidewalk installation on Birch Hill Drive and Felt Road
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.
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.
16. Communications from the Council 18. Adjournment
Oct 02, 2023 Council Meetings
1. Call Meeting to Order 2. Pledge of Allegiance 3. Roll Coll
Mayor's Remarks
Adoption of Agenda
Communications and Reports from the Town Manager
Public Input for Items on the Agenda
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
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.
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.
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)
Reports from Committees
[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.
Discussion Item: Implementation of updated Strategic Plan
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.
Discussion Item: Sidewalk installation on Birch Hill Drive and Felt Road
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.
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.
16. Communications from the Council 18. Adjournment