TOWN COUNCIL
TOWN OF SOUTH WINDSOR
Minutes Page 1 May 23, 2011
TOWN COUNCIL – Special Meeting
Council Chambers – South Windsor Town Hall
1. Call Meeting to Order
Mayor Pelkey called the Special Meeting to order at 7:00 p.m.
2. Roll Call
Members Present: Mayor John Pelkey
Deputy Mayor Ed Havens
Councillor M. Saud Anwar
Councillor Gary Bazzano
Councillor Tom Delnicki
Councillor Janice Favreau
Councillor Kevin McCann
Councillor Cary Prague
Councillor Keith Yagaloff
Also Present: Matthew B. Galligan, Town Manager
3. Public Input
Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and stated that the health benefits and the pension costs have gone up 33% and 47% over the last four years. This has been completely offset by the reduction in the Capital Projects. If this trend continues, the Town will not be able to do any Capital Projects and the fringe benefits will still be increasing. Public Hearings should be held on health benefits and pension costs. This should be reviewed thoroughly.
Mr. Philip Koboski, 141 Woodland Drive came forward and stated that there is an estimated 3,000 residents in Town who are unemployed or underemployed. Fuel and food have risen and residents can not afford to pay more taxes. This is a large group that needs to be considered when the Town Council is discussing the budget.
ITEM:
4. Communications
Councillor Favreau thanked the Mayor for stopping the meeting on May 16, 2011. Continuing this process until today has given Council members a chance to consider budget numbers and review impacts of reductions. Town residents need to understand that there is a compromise when reducing a budget. There will be items that do not get done this year and therefore will need to be done next year at a higher rate. At what point does the Town give up safety in order to keep a minimal tax increase. The Town Council has a duty to the citizens of South Windsor to make sure they are safe while at the same time being fiscal responsible. Councillor Favreau stated she hopes the Town Council can find a compromise that the whole Council can be happy with.
Deputy Mayor Havens requested that a moment of silence be taken for Doris Avery who passed away over the weekend. Doris was very active with the Patriotic Commission. South Windsor was very fortunate to have her in this community and she will be missed.
Mayor Pelkey stated that Doris will be missed at the coming Memorial Day Parade.
Councillor Delnicki stated he would like to receive a written legal opinion from the Town Attorney because the Town Charter in Section 705 states that after the Council has considered the recommendations of the public hearing or hearings, the Council shall, no later than May 15th, adopt its school budget which shall be known as Part I of the annual Town budget. No later than May 22nd the Council shall adopt its Manager’s budget which shall be known as Part II of the annual Town budget. As of the end of day 5/22/11 the Town Council had not adopted its Manager’s budget for Fiscal Year 2011/2012 and Councillor Delnicki said he has the following questions which he would like a written legal opinion:
- Does Section 705 require that the Town Council adopt its Manager’s budget by the end of the day on May 22?
- Did the Town Council violate the Town Charter, Section 705 by not adopting the FY 2011/2012 Manager’s budget by the end of the day on May 22, 2011?
- Was there time to legally post and call another Town Council meeting to pass a FY 2011/2012 budget prior to the May 22 Charter mandated date after the adjournment of the May 16, 2011 budget meeting?
- Are there any legal ramifications of any sort if the Town Council fails to abide by Section 705?
ITEM:
4. Communications (Continued)
Mayor Pelkey explained that he requested the Town Manager to ask the Town Attorney if the Council went beyond May 22nd if there were any ramifications.
Mr. Galligan stated he does not have a written legal opinion but would submit one. Mr. Galligan explained that he called the Town Attorney and the Town Attorney stated that the Charter is a guideline as to those dates and if the Town Council fails to adopt a budget then State Statute would apply. The State Statute says that as of July 1 which is the beginning of the Town’s fiscal year, the Town has 90 days to adopt a budget. If the Town does not adopt a budget at that point then the budget of the prior year becomes in effect.
Councillor Delnicki again requested a legal opinion on this matter because it sounds like the Town Attorney gave an opinion if the Town failed to meet the letter of the law in the Town Charter what would occur. Councillor Delnicki requested that the following question be added to list of questions: Is that a fallback if the Council fails to meet the requirements of the Town Charter?
Councillor Prague requested that the Town Attorney be called immediately and then stated that when he was Mayor, one of the items he did want to do was reopen the Town Charter so he did a lot of research. It was Councillor Prague’s understanding that if the Town does not pass the budget by the date in the Charter, a Budget Referendum would then need to be held.
At 7:25 p.m. Mayor Pelkey called for a recess; the meeting was reconvened at 7:34 p.m.
Mayor Pelkey explained that the Town Manager could not reach the Town Attorney or other staff in the Town Attorney’s office. A message has been left for a call back on input on some of the questions Councillor Delnicki and Councillor Prague have raised regarding passing the Town budget according to the date stated in the Town Charter. These items will be given to the Town Council in writing.
5. Town Manager’s Report
None
ITEM:
6. Unfinished Special Business
A. Resolution Adopting the General Government Budget for Fiscal Year 2011/2012
BE IT RESOLVED that the South Windsor Town Council adopts a General Government Budget with expenditures totaling $32,486,218, for the Fiscal Year commencing on July 1, 2011, and terminating on June 30, 2012, a copy of which Budget is on file in the Office of the Town Clerk.
Was made by Deputy Mayor Havens
Councillor McCann called for a point of order. When the Town Council adjourned the last meeting there was a motion on the floor that was amending this motion as it just has been presented to change the total expenditures to $32,300,000. That was the motion on the floor and that is the motion that should be the first order of business.
Mayor Pelkey explained that it was his understanding that at the last meeting there was not a completion of that motion and therefore the meeting starts over fresh.
Councillor McCann stated that Roberts Rules says you start over with the unfinished business that was on the table and Councillor McCann felt it was important to follow the rules.
Deputy Mayor Havens stated that he feels the figure on the table tonight ($32,486,218) is a good figure and hopes the Council can come to some type of a consensus on this budget.
Mayor Pelkey stated for the record that if the Council is picking up where the meeting was left off at the last meeting and asked for consensus that the property pre-construction number of $2,000,000 be increased to $3,500,000 as well as the increase of the collection rate from 98.70% to 98.75% have both been passed? The council agreed that these items have been passed.
The resolution being consider is as follows:
BE IT RESOLVED that the South Windsor Town Council adopts a General Government Budget with expenditures totaling $32,300,000, for the Fiscal Year commencing on July 1, 2011, and terminating on June 30, 2012, a copy of which Budget is on file in the Office of the Town Clerk.
ITEM:
6. A. (Continued)
Mayor Pelkey then made a motion to amend the resolution, changing the proposed $32,300,000 to 32,400,000. Councillor Favreau seconded the amendment.
Mayor Pelkey explained that the Town Manager has reviewed the budget and came back with a number he felt comfortable with which was $32,486,218.
Now there is an amendment to $32,400,000 which is a decrease of approximately $86,000. There are times when as a Council there has to be some consensus coming up with a budget. The Town Manager will have to be creative to find another $86,000 to cut in this budget using the expertise of his staff. There will be severe cuts in this budget but there were also residents who came forward and expressed their concerns. This budget will not allow the Town to get a lot done but will move the Town forward. There are a lot of things on the drawing board for South Windsor which could help with the budget. Mayor Pelkey stated he could live with this number.
Councillor Anwar stated that he feels the Council as a whole have the best intentions for the Town. Councillor Anwar then stated he is comfortable with $32,400,000.
Councillor McCann felt that the Town Council was coming up with a compromise at the last meeting with a budget of $32,300,000 and was willing to support that figure. Councillor McCann feels a budget of $32,300,000 is the correct number to approve and does not feel it should be increased.
Councillor Prague explained that he received a memo that indicates that the Board of Education has a $751,000 surplus. In looking at the last five years of budgets, someone said we are back down to 2008/2009. In 2008/2009 we were at $32,500,000 and then the budget was reduced to $30,900,000 and the very next year it was again at $32,500,000. Councillor Prague stated he is worried about next year because there are a variety of items that the Town will be paying for in the future and to keep the budget number as low as possible, will help with the budget next year. The Town Council should be discussing the budget earlier next year. Councillor Prague said he would support $32,300,000 as the number for the budget.
ITEM:
6. A. (Continued)
Councillor Favreau stated that she would like to support the $32,486,218 that was brought to the Town Council by the Town Manager. The Town Manager is very professional as well as the Department Heads. This budget will affect the employees every day lives as well as the residents of South Windsor.
Council members had a lengthy discussion regarding the Board of Education surplus. Mr. Galligan explained that if the surplus is not used by the end of the year it is put into the fund balance.
Councillor Delnicki stated he feels the Board of Education surplus should be used for next year’s budget and then also stated that he would support $32,300,000 for the budget, but not any larger.
Councillor Yagaloff agreed that the surplus should not be spent and should be used for the 2012/2013 budget. Councillor Yagaloff then questioned the tax number and overall spending increase/decrease in the budget with the $32,400,000?
Mr. Galligan explained that the $32,400,000 gives the Town a tax rate of 28.78% and that is leaving in place the fund balance and changes with the tax collection rate and changing the property pre-construction number. The Town budget last year was $32,573,700 and with the proposed number would be a reduced of $173,700.
Councillor Yagaloff stated that his goal for this budget was to push the spending down as low as possible. The Board of Education came in with a low budget and was able to keep all programs. The Town Council has had great discussions regarding cutting the budget and Councillor Yagaloff said he would be supporting the amendment of $32,400,000 as a compromise.
Mr. Galligan then explained that the $32,400,000 would give the Town a 1.55% tax increase, the $32,486,218 would give the Town a 1.66% tax increase and the $32,300,000 would give the Town a 1.41% tax increase.
ITEM:
6. A. (Continued)
Councillor Bazzano stated he would not be supporting $32,400,000 because he was not sure was going to support $32,300,000. The budget should be set on a priority list based on what the taxpayers would like done. The Town is spending approximately $340,000 in Public Works on four managers to manage 18 people. Councillor Bazzano requested that the Council members be allowed to caucus with their respective parties.
Councillor McCann reviewed efficiencies the Town has instituted to save Town funds. Councillor McCann also requested that Council members be allowed to caucus with their respective parties.
At 8:33 p.m. Mayor Pelkey called for a recess. The meeting reconvened at 8:37 p.m.
Mayor Pelkey called for a vote on the amendment; it passed on a roll call vote of 5-4 with Mayor Pelkey, Deputy Mayor Havens, Councillors Anwar, Favreau and Yagaloff voting in favor of the amendment; and Councillors Bazzano, Delnicki, McCann and Prague voting in opposition of the amendment.
Mayor Pelkey called for a vote on the amended resolution; it passed on a roll call vote of 5-4 with Mayor Pelkey, Deputy Mayor Havens, Councillors Anwar, Favreau and Yagaloff voting in favor of the resolution; and Councillors Bazzano, Delnicki, McCann and Prague voting in opposition of the resolution.
The Resolution to read as follows:
BE IT RESOLVED that the South Windsor Town Council adopts a General Government Budget with expenditures totaling $32,400,000, for the Fiscal Year commencing on July 1, 2011, and terminating on June 30, 2012, a copy of which Budget is on file in the Office of the Town Clerk.
ITEM:
7. New Special Business
A. Resolution Setting the Tax Rate for Fiscal Year 2011/2012
BE IT RESOLVED that the tax rate of 28.78 mills be levied on the Grand List of October 1, 2010 based upon Total Revenues excluding current taxes of $18,572,203, which includes an appropriation from Fund Balance in the amount of $1,150,000 to finance total expenditures of $96,400,027 made up of a Board of Education Budget of $64,000,027 and a General Government Budget of $32,400,000, both of which have been adopted by the South Windsor Town Council, and exhibits of which are on file in the Office of the Town Clerk for the Fiscal Year commencing on July 1, 2011, and terminating on June 30, 2012.
Was made by Councillor Favreau
Seconded by Councillor Anwar
The motion passed on a roll call vote of 5 to 4 with Mayor Pelkey, Deputy Mayor Havens, Councillors Anwar, Favreau and Yagaloff voting in favor of the resolution; and Councillors Bazzano, Delnicki, McCann and Prague voting in opposition of the resolution.
- Resolution Appointing a Rate Maker for Fiscal Year 2011/2012 and the Tabling of Same
BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew B. Galligan, Town Manager, as Rate Maker for Fiscal Year 2011/2012, and hereby tables the same.
Was made by Councillor Anwar
Seconded by Councillor Delnicki
The motion was approved, unanimously
8. Executive Session
At 8:40 p.m. Mayor Pelkey made a motion to go into Executive Session to discuss possible sale of tax lien on property located at 85 Nutmeg Road (Hi-G building). Councillor Delnicki seconded the motion and it was approved, unanimously.
The following individuals went into Executive Session: Mayor Pelkey, Deputy Mayor Havens, Town Manager Galligan, Mr. Kline, Councillors Anwar, Bazzano, Delnicki, Favreau, McCann, Prague and Yagaloff.
9. Adjournment
At 8:50 p.m. Councillor McCann made a motion to adjourn the Special Meeting and Executive Session. Councillor Prague seconded the motion; and it was approved, unanimously.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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