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Town Council Regular Meeting Minutes 5/16/2011
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Minutes Page 1  May 16, 2011


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

1.      Call Meeting to Order

Mayor Pelkey called the Regular Meeting to order at 8:02 p.m.

4.      Roll Call

Members Present:        Mayor John Pelkey
        Deputy Mayor Edward Havens
        Councillor Saud M. 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

Following the Roll Call, Mr. Michael Gantick, Director of Public Works came forward to present individuals with awards in the categories of Business Partners, (Connecticut Transportation Institute); Citizens, (Richard Roback); and Employee’s (Water Pollution Control Authority, Fred Shaw and Tim Friend) as part of the National Public Works Week.

5.      Public Input

None

6.      Environmental Health & Safety Message

None

ITEM:

7.      Adoption of Minutes of Previous Meetings

BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings:  Special Meeting of May 9, 2011.

Was made by Councillor McCann
Seconded by Councillor Delnicki
The motion was approved, unanimously

  • Public Petitions
None

9.      Communications from Officers and Boards Directly Responsible to Council

Mr. Robert O’Connor a member of South Windsor Walk & Wheel Ways came before the Town Council.  Mr. O’Connor explained that South Windsor Walk & Wheel Ways applied to the American League of Bicyclists for status as a Bicycle Friendly Community.  There were approximately 452 applications since Town’s have been being designated with 179 Town’s across the country in 44 States.  Connecticut is number 44th on the list of 50 States in bicycle friendliness.  The Town of South Windsor received the 2011 Honorable Mention as a Bicycle Friendly Community.  

South Windsor Walk & Wheels Ways held their first Bike and Walk to School on Friday, May 13, 2011.  There were over 120 participants.

There was a ribbon cutting for the bike lane.

On June 5, 2011 the South Windsor Walk & Wheel Ways and Open Space Task Force will be hosting 2011 Connecticut Trail Days at the Major Michael Donnelly Land Preserve from 1:00 p.m. to 4:00 p.m.

Answering questions from the Council, Mr. O’Connor stated that there were 20 communities who received honorable mention.

ITEM:

  • Communications and Reports from Town Manager
Mr. Galligan stated he would be sending a report out to the Council regarding “Running a Meeting”.    

Last week Mr. Galligan explained that he spoke at a BOMA meeting which is a group of business people from the Hartford region.  The topic of the meeting was “Why South Windsor”.  

South Windsor did a presentation to the Connecticut Planner’s Association regarding the I-291 Corridor.  A lawyer from Shipman and Goodwin is requesting that South Windsor now do a presentation to the National Planning Society in Rhode Island.  

Mr. Galligan stated that Mr. Scott Roberts from the Information Technology Department received a letter from the State of Connecticut, Homeland Security thanking him for the coming in late Thursday evening and staying through until the morning to produce 16 maps of the Housatonic Valley area for use by Incident Command and the State EOC.  The maps were used to evaluate flooding potential.  

The Town was successful in receiving a STEAP grant for the improvements to the Police Department, (where the Ambulance was housed).  The Town went out to bid and received a bid in the amount of $81,000.  The grant was for $200,000 so the Town will be discussing with DECD what else the grant could be used for.  

Councillor McCann questioned items in the budget.  The Social Security that has been put into the budget shows an increase of 1% for this year.  Isn’t there a 2% reduction in the amount of Social Security that the Town has to withhold?

Mr. Galligan answered that it is on the employee side not on the employer.  So the Town still has to pay but the employee will get a reduction and does not affect our budget.

Answering further questions from Councillor McCann, Mr. Galligan explained that any funds the Town brings in from the tax lien sale would be revenue for the current year budget.  Mr. Galligan also explained that he is recommending the General Government Budget for 2011/2012 to be $32,461,686 which includes a $635,000 reduction from Capital Projects and an additional reduction of $175,000 other line items which he will decide upon.

ITEM:

10.     Communications and Reports from Town Manager (Continued)

Answering questions from Councillor Prague, Mr. Galligan stated that the Town has two cases pending regarding unemployment and that is why there is a transfer listed from Contingency to Unemployment Compensation.

  • Reports from Standing Committees
None

12.     Reports of Temporary Committees

None

13.     Communications and Petitions from Council

Council members discussed in length about creating a policy regarding sidewalks throughout South Windsor and updating any ordinances that discuss sidewalks.  Mayor Pelkey informed the Council that he has sent an e-mail to the South Windsor Walk & Wheel Ways Committee asking them to start gathering information from other Towns across the State regarding this issue.  After that information is gathered, a sub-committee will be established with members of the Town Council and South Windsor Walk &Wheel Ways and that sub-committee will come back with recommendations.  Councillor McCann requested to be part of the sub-committee.

Councillor Delnicki stated that one critical things that has to come out of this research is the cost

14.     Public Participation

Ms. Nancy Yario, 20 Andrusis Trail came before the Council and explained that she lives adjacent to the Bark Park about couple hundred feet away.  She moved to this neighborhood because of the quiet beauty next to a Town park and had no idea the Bark Park was going to be placed near her neighborhood.  For years she stated she has tried to resolve this issue with the Town because there were no discussions held regarding this issue.  Ms. Yario then put into the record all FOI requests that are pending and stated that she has been trying to find out how much the Town has spent on attorney fees.




ITEM:

14.     Public Participation (Continued)

Mayor Pelkey questioned if the Town Council should be holding discussions regarding this issue because he stated he is not sure of the appropriateness of public participation when the Town is in the middle of litigation.  Mayor Pelkey requested that the Town Manager get a legal opinion on this issue.  

Mr. Galligan explained that an attorney through CIRMA has been assigned to this case and it his understanding that all correspondence should now go through the attorney.  Any correspondence from Council or myself or any freedom of information requests that Ms. Yario asks for now has to go through the Attorney.  The Attorney handling this case is Attorney O’Brien.  Mr. Galligan also stated that the records on all the attorney fees were open for Ms. Yario.

Mr. Don Gonsalves, 40 Bayberry Trail came before the Town Council and reiterated something he has said at a previous meeting.  The Town budget and the tax rate should be subject to an amendment in case the State funding to Town’s is decreased then the budget should be reopened.

Mayor Pelkey explained that the Town Council can be reopened the General Government Budget at any time.

Mr. Galligan stated he spoke to the Town Attorney and the Town Attorney’s opinion is that if the Town comes into financial difficulties in making ends meet that the Board of Education budget should be able to be reopened also.  A legal opinion regarding this issue is forthcoming.

15.     Consent Agenda

Councillor Yagaloff made a motion to approve Items 16. A. through 16. B as the Consent Agenda.  Deputy Mayor Havens seconded the motion; and it was approved, unanimously.










ITEM:

16.     Unfinished Business

* A.    Resolution Appointing Steven T. Carty (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Steven T. Carty (D) to the Public Building Commission for a term ending November 30, 2011 to fill the unexpired term of Frank Bonzani.

(Approved by Consent Agenda)

* B.    Resolution Appointing Joseph Kennedy Jr. (D) a Full Member to the Economic Development Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Joseph Kennedy Jr. (D) a full member to the Economic Development Commission for a term ending November 30, 2013 to fill the unexpired term of Marilyn Morrison.

(Approved by Consent Agenda)

  • New Business
  • Resolution Appointing Kevin Foley (R) an Alternate to the Planning & Zoning Commission and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting
BE IT RESOLVED that the South Windsor Town Council hereby appoints Kevin Foley (R) an Alternate to the Planning & Zoning Commission for a term ending November 11, 2013 to fill a vacancy and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

Was made by Councillor Delnicki
Seconded by Councillor Yagaloff
The motion was approved, unanimously








ITEM:

17.     New Business (Continued)

  • Resolution Approving a Refund of Taxes to One (1) South Windsor Taxpayer
BE IT RESOLVED that the South Windsor Town Council hereby approves a refund of property taxes to one (1) South Windsor Taxpayer, the total of said refund being $2,950.90, and as more fully described in attached Exhibit A.

Was made by Councillor McCann
Seconded by Mayor Pelkey
The motion was approved, unanimously

  • Resolution Referring the Possible Conveyance of Property to Connecticut Studios LLC or Its Designee, to the Planning & Zoning Commission for Consideration in Accordance with the Requirements of Section 8-24 of the Connecticut General Statutes.
BE IT RESOLVED that the possible conveyance of approximately 2.24 acres of property, subject to existing utility easements, located southeasterly of John Fitch Boulevard, to Connecticut Studios LLC or its designee, be referred to the South Windsor Planning & Zoning Commission for consideration in accordance with the requirements of Section 8-24 of the Connecticut General Statutes.

Was made by Councillor Prague
Seconded by Councillor Bazzano
The motion was approved, unanimously

D.      Resolution Adopting the Budget for the Special Revenue Recreation Fund for Fiscal Year 2011/2012

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,829,092; commencing on July 1, 2011, and terminating on June 30, 2012.

Was made by Councillor Bazzano
Seconded by Councillor McCann




ITEM:

17.     D.      (Continued)

Councillor Bazzano stated that next to schools he feels recreation is the most used program in Town.  The proposed budget is reasonable and he is not interested in reducing it.

Councillor Yagaloff reviewed items in the Special Revenue Fund he feels could be reduced such as credit card fees, uniform and clothing for the 4th R Program and Replacement Cabinets for the 4th R Program.  Councillor Yagaloff stated he is unhappy with the budget and would be suggesting the budget be reduced by $100,000

Motion to amend the resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,729,092; commencing on July 1, 2011, and terminating on June 30, 2012.

Was made by Councillor Yagaloff
Seconded by Deputy Mayor Havens

Councillor Yagaloff stated he would like to make the programs more affordable for the average person who is going through the Recreation program.

Councillor Anwar suggested that the Town Council review the ability to create shared services with surrounding communities which would help reduce costs.

Mr. Galligan stated he would review the ability for the Town of South Windsor to have their own credit card.  This could be done through a financial institute.

Councillor Anwar felt this could help with other aspects such as the desire of some taxpayers to pay their taxes with credit cards.







ITEM:

17.     D.      (Continued)

Answering questions from the Council, Mr. Ray Favreau, Director of Recreation explained that the budget for uniform and clothing for the 4th R Program is $17,328.  The program runs five days per week for ten months. There is a staff of 40 individuals and employees come and go, so uniforms have to be repurchased on a regular basis.  Mr. Favreau stated he would go through the last few years and track how much it costs per staff member.  This is user fee based and fees have not gone up in five years for this program.

The replacement cabinets in the budget are used for the 4th R Program.  These cabinets are at six school facilities so that the program can be self contained at the schools and supplies do not have to be transported in and out on a daily basis.  These cabinets are used five days week.

Councillor Prague stated that he would not support taking funds from this budget.  This budget should be left alone to grow and then there are funds available for other recreational purposes.

Councillor McCann stated that the Recreation Department provides a tremendous service to the Town and he stated he would not support a $100,000 reduction in the Special Revenue Fund.  The funds are used to improve the Recreation program as well as used for a cushion for a year when there are deficits.  Councillor McCann stated he would support a reduction in the amount of $10,000 because there is no explanation for the use of $17,328 for uniforms and clothing for the 4th R Program.

Deputy Mayor Havens stated he would not support a reduction in the amount of $100,000.

Councillor Anwar made a motion to make a friendly amendment of reducing the amount of $100,000 to $25,000.  Councillor Yagaloff accepted the friendly amendment.

Councillor Yagaloff requested that Council members support the amendment to reduce the budget by $25,000.





ITEM:

17.     D.      (Continued)

Councillor Prague stated that the Special Recreation Revenue Fund does not affect the General Government Budget and he would not support a reduction of $25,000 to the Special Revenue fund because the fund needs to grow and if there is a surplus, it should be used for Recreational purposes only.

Councillor McCann agreed with Councillor Prague that by reducing the Special Recreation Fund by $25,000 does not make that amount available in the Town budget.  Councillor McCann stated he would not support a reduction in the amount of $25,000.

Mayor Pelkey made a motion to make a friendly amendment of reducing the amount of $25,000 to $10,000.  Councillor Anwar accepted the friendly amendment.
Councillor Bazzano said he would support the amendment.

Mayor Pelkey called for a vote on the amendment; it passed on a roll call vote of 6 to 3 with Mayor Pelkey, Councillor Anwar, Councillor Bazzano, Councillor Delnicki, Councillor McCann and Councillor Prague voting in favor of the amendment; and Deputy Mayor Havens, Councillor Faveau and Councillor Yagaloff voting in opposition of the amendment.
 
Mayor Pelkey then 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 Anwar, Councilor Bazzano, Councillor Delnicki, Councillor Favreau, Councillor McCann and Councillor Prague voting in favor of the amended resolution; and Councillor Yagaloff voting in opposition of the amended resolution.

The resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby adopts a Special Revenue Recreation Fund Budget with expenditures totaling $1,819,092; commencing on July 1, 2011, and terminating on June 30, 2012.






ITEM:

17.     New Business (Continued)

E.      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 expenditure totaling $32,461,686, 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
Seconded by Mayor Pelkey

Mayor Pelkey stated that in January he had proposed the Town budget not increase taxes any more than 2.1%.  This percentage is the average percentage over the past six years.  The Town Manager presented the Council with his budget seeking an increase of $697,986.  After feedback from the Council, Mr. Galligan presented an adjusted budget which resulted in an overall budget increase of $62,986.  The Town Council needs to meet our fiduciary responsibility and do what our citizens expect and want.  Mayor Pelkey stated he would support a reasonable and responsible budget.  Mayor Pelkey then stated it is against his better judgment to cut from the capital projects, however, Mr. Galligan has offered some viable solutions so Mayor Pelkey said he would reluctantly go along with the cut.  Mayor Pelkey suggested that the budget be cut by an additional $175,000; and then suggested that the pro-rated new construction be adjusted from $2,000,000 to $3,500,000, and adjust the estimated collection rate from 98.70% to 98.75%.  The two changes will yield $83,473.  Mayor Pelkey explained that he would like to increase the sewer collection service fee that is charged to WPCA from 37,240 to 42,240.

Answering questions, Mr. Galligan explained that the Superintendent of Schools is checking to see if the CREC school is anticipating building in Town and the Building Official is reviewing proposed building permits that potentially could come in.

Mayor Pelkey suggested other items that could be changed, such as increasing the Fire Marshal fee’s by $75,000 and increasing building fees by $50,000.  These two items would increase revenues by $100,000.  With all these suggestions, the budget would be at $32,461,686 and would be at approximately a 2.1% increase to the budget.

ITEM:

17.     E.      (Continued)

Mayor Pelkey made a motion to accept $3,500,000 pro-rated projected new construction as well as using 98.75% as the collection rate.  Councillor Anwar seconded the motion.

Answering questions from the Council, Mr. Galligan stated that pro-rated new construction was reduced last year from $7,000,000 to $2,000,000.

Councillor Prague felt that new construction is not getting better and felt that proposing revenues be increased to $3,500,000 is too risky.  Mr. Galligan informed the Council that he was comfortable proposing a revenue of $3,500,000 pro-rated projected construction rate.  Councillor Prague stated that he has an issue proposing revenues that are not real.  Moving the collection rate from 98.70% to 98.75% may be risky also.  Mayor Pelkey explained that of the previous six year, the Republicans were in the majority four of the years and used a collection rate of 98.8%.

Answering questions from Councillor Prague, Mr. Galligan felt that by the end of the year the Town will be approximately $400,000 short.

Councillor Yagaloff stated he would support the amendments regarding the tax rate and new construction.  Councillor Yagaloff felt that there is nothing wrong with making conservative adjustments to revenues.

Councillor McCann stated that increasing the new construction revenue by $1,500,000 seems risky when the State is in a recession.  If the Council feels the Connecticut Studios is far enough along that the Council could count that revenue, that is fine, but other items such as Fed Ex, the hotel and the CREC School would be foolish to count as revenues at this point.

Councillor Favreau felt the Mayor’s suggestions to be conservative and would support them.

Mayor Pelkey called for a vote on the Amendment; it 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 Amendments; and Councillors Bazzano, Delnicki, Prague and McCann voting in opposition of the Amendment.




ITEM:

17.     E.      (Continued)

Councillor Yagaloff suggested that the Town Council increase the allocations for this year from $800,000 to $1,150,000 and then direct the Town Manager to deposit no less than $350,000 from the tax lien sale to go back into the fund balance to go against the allocation from the fund balance next year.

Councillor Yagaloff made a motion to Amend the budget by allocating $1,150,000 from the fund balance with the expectation that the Town Manager will take $350,000 of this year’s tax lien sale and put that into the fund balance account.  Mayor Pelkey seconded the Amendment.

Councillor Bazzano stated he would not support this Amendment based on principle.  The Democrats have complained in the past that the Republicans raid the fund balance each year to balance the budget and in this years budget, the Democrats are doing something they feel is wrong every other year.

Councillor Delnicki agreed with Councillor Bazzano.

Deputy Mayor Havens stated he would support the Amendments.

Councillor McCann felt it would be a gamble to take an additional $350,000 from fund balance and hope that it can be returned with the sale of the tax liens.

Council members discussed in length the use of fund balance and the sale of the tax liens.

Councillor Yagaloff explained that this is a transfer mechanism to try to get some of the tax liens to reduce taxes for next year.

Councillor Prague stated he would not support this Amendment.  The Council should be discussing expenses not fictitious revenues.

Mayor Pelkey called for a vote on the Amendment; it 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 Amendment; and Councillors Bazzano, Delnicki, McCann and Prague voting in opposition to the Amendment.



ITEM:

17.     E.      (Continued)

Mr. Galligan explained that with everything that has been discussed, the tax rate increase is at 1.87%.

Mayor Pelkey made a motion that $35,000 be added back into the budget for the Fire Department.  Councillor Delnicki seconded the motion; and the motion carried, unanimously.

After reviewing the Town Manager’s list of proposed cuts, the Town Council discussed in length the $45,000 for the Economic Development Coordinator.  Mayor Pelkey, Deputy Mayor Havens, Councillor Favreau and Councillor Anwar all agreed that this position is very important to the Town and would not be in favor or cutting this position.  Councillor Prague and Councillor McCann both felt the Town Manager and the Town Council has been very supportive in regards to economic development and do not feel $45,000 needs to be in this budget.

Mayor Pelkey made motion to include $45,000 in this budget for the position of Economic Development Coordinator.  Councilor Anwar seconded the motion.

Councillor Delnicki stated he would be more inclined to give the Town Manager an Assistant then $45,000 for an Economic Development Coordinator.  Mayor Pelkey stated that is what the Economic Development Coordinator does, he assists the Town Manager.

Councillor Yagaloff suggested that the Town Council give the Town Manger an amount that the budget should be reduced and let the Town Manager decide where to make those cuts.

After a lengthy discussion, Mayor Pelkey made a friendly amendment to his amendment to have “Economic Development Coordinator” to read “economic development dollars”.

Mayor Pelkey called for a vote on the Amendment; it passed on a roll call vote of 7 to 2 with Mayor Pelkey, Deputy Mayor Havens, Councillors Anwar, Bazzano, Delnicki, Favreau, and Prague voting in favor of the Amendment; and Councillors McCann and Yagaloff voting in opposition to the Amendment.




ITEM:

17.     E.      (Continued)

Mr. Galligan stated that the General Government budget is presently at $32,496,218 after all of the discussions and amendments.

Mayor Pelkey made a motion to extend the meeting to 11:30 p.m.  Councillor McCann seconded the motion; and the motion was approved, unanimously.

Councillor McCann suggested adjustments to Capital Projects which would result in additional savings of $716,000.

Councillor Yagaloff made a motion to Amend the proposed budget to $32,300,000.  Deputy Mayor Havens seconded the Amendment.

Answering questions from Councillor Yagaloff, Mr. Galligan stated that the tax increase would be at 1.41%.  Mr. Galligan explained that he would sit down with staff and figure out where cuts would have to be in order to bring the General Government budget to $32,300,000.  Council members discussed in length the proposed figure for the budget.  Mr. Galligan stated that if this is the bottom line number, everything possible will be done to make it work.

Mayor Pelkey felt that the bottom line number is too deep and he would not be able to support it.

Deputy Mayor Havens stated he does not feel this is a responsible number, but if it is all the Council can get, he said he would reluctantly support it.

Councillor Favreau felt the figure is too low and could not support it.

Councillor McCann stated he would be supporting this budget as proposed.

Councillor Delnicki made a motion to extend the meeting to 11:45 p.m. and take a five minute recess.  Councillor Prague seconded the motion, but it failed because lack of unanimous consensus.

Mayor Pelkey requested the Town Manager to state what the $32,300,000 would represent.

ITEM:

17.     E.      (Continued)

Mr. Galligan explained what the $32,300,000 would represent in the budget:

  • $635,000 reduced in Capital Projects that will be paid for through Capital Non-Recurring.
  • $23,197 reduction (Police shed at VMP to be eliminated)
  • Reduction of $35,000 - Tree Maintenance
  • Reduction of $27,000 - Wash Station.
  • Reduction of $8,500 – TQM
  • Reduction of $800.00 – Fitness Center
  • Reduction of $4,500 – Police Overtime
  • Reduction of $1,500 – Engineering fees and membership
  • Added back into the budget $45,000 – Economic Development
  • Reduction of $2,000 – Town Council
  • Reduction of $18,790 – Snow removal
  • Reduction of $5,481 – Leases and Rentals
  • Reduction of $15,000 – Contingency
  • Added back into the budget $35,000 – Fire Department
  • Reduction of $20,000 – Overtime from various departments
  • Reduction of $10,000 – Salary Contingency
  • An additional $350,000 taken from fund balance making the total  $1,150,000
  • An addition $196,218 is what the budget would need to be reduced by further
22.     Adjournment

At 11:30 p.m. the meeting adjourned.


Respectfully submitted,



                                                
Deborah W. Reid
Clerk of the Council