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Town Council Specail Meeting Minutes 6/1/2010




TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall


1.      Call Meeting to Order

Mayor Pelkey called the Special Meeting to order at 7:41 p.m.

2.      Roll Call

Members Present:        Mayor John Pelkey
        Deputy Mayor Edward Havens
        Councillor Gary Bazzano
        Councillor Favreau
        Councillor Tom Delnicki
        Councillor Kathryn Hale
        Councillor Kevin McCann
        Councillor Cary Prague (arrived at 7:46 p.m.)
        Councillor Keith Yagaloff

Also Present:           Matthew B. Galligan, Town Manager

3.      Public Input

        None

4.      Communications

None

5.      Town Manager’s Report
        
        None


ITEM:

6.      Special Business

  • Resolution Adopting a Fair Housing Policy for the Town of South Windsor
BE IT RESOLVED that the South Windsor Town Council hereby adopts a Fair Housing Policy for the Town of South Windsor as required under Section 8-37ee-311 of the Affirmative Fair Housing and Marketing Selection Procedure manual.

Was made by Councillor Delnicki
Seconded by Councillor Hale

Answering questions from the Council, Mr. Galligan explained that in order to apply for Community Block Grant funding the Town has to have established a Fair Housing policy.  The Town has drafted a formal policy consisting of seven items.  One item says that a Fair Housing Officer has to be appointed.  The Fair Housing Officer would be a staff member in Human Services who would take care of any complaints that come in from individuals regarding fair housing and to refer the complainant to the necessary agencies.  

Councillor McCann stated that he would not support this resolution because he has a problem with adopting a policy that says a staff member will be responsible for enforcement and implementation of this policy and that the Town is going to waive the permit fees.  Councillor McCann said he is not willing to implement a policy that gives up the freedom of the Town and goes far beyond a single project.

Councillor Yagaloff made an Amendment to paragraph 3 of the Town of South Windsor Fair Housing Policy which would read “The Town will assign Fair Housing responsibilities to a staff member in the Human Services Department.  The Town, through its Fair Housing Officer will be responsible for the enforcement and implementation of this Fair Housing Policy, including establishing a procedure for referring complaints to CHRO, HUD and/or other appropriate agency.”  Mayor Pelkey seconded the Amendment.


(Resolution Continued on Next Page)

ITEM:

6.      A.      (Continued)

Councillor McCann offered a friendly Amendment to paragraph 3 of the Town of South Windsor Fair Housing Policy which would read:  “The Town will assign Fair Housing responsibilities to a staff member in the Human Services Department.  The Town will be responsible for the enforcement and implementation of this Fair Housing Policy, including establishing a procedure for referring complaints to CHRO, HUD and/or other appropriate agency.”  Councillor Yagaloff and Mayor Pelkey both accepted the friendly Amendment, (as shown in attached Exhibit A).

Mayor Pelkey called for a vote the Amendment; it was approved, unanimously.

Councillor Delnicki requested that the Town Attorney review this policy and put into writing that there would be no unintended consequences.  If there are unintended consequences, Councillor Delnicki would like to have the ability for the Town Council to rescind their decision.

Town Manager, Matthew Galligan answered various questions from Town Councillors.

Mayor Pelkey called for a vote on the Amended Resolution; it passed on a roll call vote of 8 to 1 with Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor Prague and Councillor Yagaloff all voting in favor of the Amended Resolution; and Councillor McCann voting in opposition to the Amended Resolution.

  • Resolution Authorizing Matthew B. Galligan to Participate in a Small Cities Block Grant Application Process
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to participate in a Small Cities Block Grant application process for grant money to be used towards the expansion of the South Windsor Community Center for senior citizen programming; and

BE IT FURTHER RESOLVED that Matthew B. Galligan is authorized to sign any and all documents necessary to accomplish this resolution.


(Resolution Continued on Next Page)

ITEM:

6.      B.      (Continued)

Was made by Councillor Hale
Seconded by Councillor Favreau

Answering questions from Councillor McCann, Mr. Galligan explained that the Town will be submitting an application on June 4, 2010.  During the application process, the program that has been submitted (expansion of the Community Center for senior programming) is reviewed to make sure it follows the necessary guidelines.  The program is also compared to other requests for grant funds that have been submitted by other towns.

Answering further questions, Mr. Galligan stated that all of the resolutions on the agenda (Fair Housing Policy, approval of moving forward with the Small Cities Block Grant application and the Town adopting a Small Cities Community Block Grant Citizen Participation Plan are all tied into the application process for this grant.

Councillor McCann voiced concern regarding the participation in a Small Cities Block Grant Application process.

Mayor Pelkey called for a vote on the Resolution; it passed on a roll call vote of 8 to 1 with Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor Prague and Councillor Yagaloff all voting in favor of the Resolution; and Councillor McCann voting in opposition to the Resolution.

  • Resolution Adopting a Small Cities Community Development Block Grant Citizen Participation Plan
WHEREAS, the State Department of Economic and Community Development and the United States Department of Housing and Urban Development requires that communities using Community Block Grant funding adopt a Citizen Participation Plan; and

WHEREAS, the Town of South Windsor is applying for Community Block Grant funding on June 4, 2010


(Resolution Continued on Next Page)

ITEM:

6.      C.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby adopts the Small Cities Community Development Block Grant citizen Participation Plan as shown in attached Exhibit B.

Was made by Councillor Prague
Seconded by Councillor Hale

Councillor McCann felt that after reviewing this plan there are a number of items that could be detrimental to the Town for years to come.  The Town has a chance of not being approved for this grant and approving this plan could effect the Town later.  

Council members discussed wording in the plan and felt Councillor Favreau, Councillor Yagaloff, Councillor Hale and Mayor Pelkey stated that they felt the language in this plan is to encourage participation by all residents in this project.

Councillor Delnicki requested that the Town Attorney review this policy and put into writing that there would be no unintended consequences.  If there are unintended consequences, Councillor Delnicki would like to have the ability for the Town Council to rescind their decision.

Mayor Pelkey called for a vote on the Resolution; it passed on a roll call vote of 8 to 1 with Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor Prague and Councillor Yagaloff all voting in favor of the Resolution; and Councillor McCann voting in opposition to the Resolution.

D.      Resolution Adopting the Budget for the Special Revenue Pollution Control and Wastewater Treatment Fund for Fiscal Year 2010/2011

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Pollution Control and Wastewater Treatment Fund Budget and Capital Expenditures budget totaling $2,964,056; commencing on July 1, 2010, and terminating on June 30, 2011.


(Resolution Continued on Next Page)

ITEM:

6.      D.      (Continued)

Was made by Deputy Mayor Havens
Seconded by Mayor Pelkey

Councillor Hale made an Amendment to this Resolution that would delete “and Capital Expenditure budget”.  Councillor Hale stated that she would not be comfortable voting for any budget that includes Capital Expenditures unless and until the Town Council amends Ordinance #150 – Water Pollution Control Authority to make it clear that WPCA has the authority to make decisions regarding capital expenditures.  Mayor Pelkey seconded the Amendment.

Answering questions from the Council, Mr. Galligan explained that by the end of June the sub-committee that was formed to review WPCA issues should be done and the sub-committee will come back to the Town Council in order to move forward with the changes to the ordinance and have all other issues resolved.

Councillor McCann stated that he would support this Amendment because it will make it clear that the Town will be able to address the capital expenditures at a later date separately.

Councillor Yagaloff stated that the concept would be that the Town Council would change the Ordinance #150 – Water Pollution Control Authority so that the ordinance says the WPCA may collect for capital expenditures and once the ordinance has been changed, the Town will not be in violation of the law.

Mayor Pelkey called for a vote on the Amendment; it was approved, unanimously.

The Amended Resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Pollution Control and Wastewater Treatment Fund Budget totaling $2,964,056; commencing on July 1, 2010, and terminating on June 30, 2011.

Mayor Pelkey called for a vote on the Amended Resolution; it was approved, unanimously.



ITEM:

6.      Special Business (Continued)

E.      Resolution Adopting the Budget for the Special Revenue Recreation Fund for Fiscal Year 2010/2011

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,798,400; commencing on July 1, 2010, and terminating on June 30, 2011.

Was made by Councillor Yagaloff
Seconded by Councillor Favreau

Councillor Yagaloff explained that originally the request was going to be for $1,898,400 but since the Recreation Administration budget was decreased by $100,000, Councillor Yagaloff felt that $100,000 should be eliminated from the Special Revenue Recreation Fund and be put back into the Recreation Administrative budget and then the Recreation budget would be level.

Mr. Galligan explained that by State Statute there needs to be a balanced budget.  The revenues have to match the expenditures.  This will put the Recreation Department in the position of being $100,000 short in their budget.

Council members went into a lengthy discussion regarding the Recreation Department budget and the Special Revenue Recreation Fund.  Councillor Yagaloff questioned if the following language were added to the resolution after $1,798,400, “plus $100,000 to be paid to the Town General Fund” if that would clear any misunderstandings up?  Mr. Galligan stated he feels that would be acceptable because there would be an audit trail and the Auditors will see where the $100,000 is going and would balance the budget.

Councillor McCann felt that although he does not like the approach that is being taken, he would support this concept because it does still total $1,898,400.


(Resolution Continued on Next Page)


ITEM:

6.      E.      (Continued)

Councillor Hale made an Amendment to the Resolution.  The Resolution would read as follows with the Amendment:

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,798,400, plus $100,000 to be paid to the Town General Fund; commencing on July 1, 2010, and terminating on June 30, 2011.

Councillor Yagaloff seconded the Amendment.

Answering questions from the Council, Mr. Favreau, Director of Recreation explained that it is the Recreation Departments last resort is to raise program fees or cut programs, but if funding cuts happen again next year that would be his fear that either program fees would need to be raised or programs would need to be cut.  The Recreation Department does not exclude children from participating in a program because of the inability to pay.  Mr. Favreau explained how the Recreation Department handles that type of situation.  Mayor Pelkey stated that if the Recreation Department comes across a situation where there is somebody that can not afford to participate in a certain program through the Recreation to please let him know.

Mayor Pelkey called for a vote on the Amendment; it was approved, unanimously.

Mayor Pelkey called for a vote on the Amended Resolution; it passed on a roll call vote of 6 to 3 with Mayor Pelkey, Deputy Mayor Havens, Councillor Favreau, Councillor Hale, Councillor McCann, Councillor Prague and Councillor Yagaloff all voting in favor of the Resolution; and Councillor Bazzano, Councillor Delnicki and Councillor McCann voting in opposition to the Resolution.

7.      Executive Session

At 8:56 p.m. Councillor Bazzano made a motion to go into Executive Session to discuss a personnel issue.  Councillor Delnicki seconded the motion; and it was approved, unanimously.

The following individuals went into Executive Session:  Mayor Pelkey, Deputy Mayor Havens, Councillor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor Hale, Councillor McCann, Councillor Prague, Councillor Yagaloff and Town Manager Matthew B. Galligan.

ITEM:

7.      Executive Session (Continued)

At 9:20 p.m. Mayor Pelkey made a motion to adjourn the Executive Session and Regular Meeting.  Councillor Hale seconded the motion; and it was approved, unanimously.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council


Attachment:     Exhibit A
        Exhibit B