Mayor Trinks called the regular meeting to order at 7:32 p.m.

1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Broxterman, Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker
   
    
2. Prayer – Councilor Mulligan
   
    
3. Pledge of Allegiance – Councilor Mulligan
   
    
4. Proclamations/Awards
   None.
   
    
5. Public Communications and Petitions

   Mr. George Yermanian, 739 Prospect Hill Road, spoke to the Council regarding the Citizens Perception Survey. The public communications section of the Town Council meetings are effective, but he wonders if they are just for show. The Council should provide feedback at some point to the comments that the public makes during the Town Council meetings. The dump traffic is a lot worse than predicted. It is 178 – 220 large trucks passing the truck regularly (going in, then out). The sign requesting truckers to eliminate any unnecessary noise has not been installed. He requested that the Council consider rerouting the dump road. He noted that on the second Monday of each month you could talk to the Mayor on WIN-TV. Windsor Fife and Drum Corp. invites all to the front of the Town Hall on Saturday, September 11^th.

   Ms. Shirley Hallett, 1798 Poquonock Avenue, a resident for over 70 years, spoke to the Council. She requested that the Council consider freezing taxes or doing something for residents that are 70 or older. Most of us would like to stay in our homes for as long as we are able, but taxes are high. She is eighty years old and works two part-time jobs. She loves working to keep busy but she also needs to. Most of them have only one fixed income. We are not asking to shirk our responsibilities, we want it on a reduced scale. We see many positive things in education, but isn’t the senior quality of life worth something? We need a property tax freeze or relief of some kind.

   Mr. Frans Krot, 281 Carriage Way, talked to the Council regarding the revaluation and assessment increases that are disturbing and unequal across the board. What would happen to business and industries if their assessment jumped between 30 and 50%? They would move. We can no longer boast of low property taxes. We are looking for stable property taxes. The increases are unacceptable. Hopefully the Town Council can look at the numbers again.

   Ms. Violet Nahabedian, 1920 Logans Way, asked what, if anything is going to be done about the increase in our property taxes. It is unfair to those of us who cannot afford to pay it. You have our money and we are getting no use out of it. What about the interest earned on it. We expect you to do well by the citizens here in Windsor. She would like some answers.

   Mr. Richard Rutkowski, 295 Kings Landing, presented data to town officials regarding property tax payments. He is proposing a twice a year property tax payment system. He presented data to back up his proposal. There is a tax collection rate of 98.7%, with $64 million from real estate taxes and $15 million from other sources for a grand total of $79.5 million. Add approximately $2.5 million for investment income. If the tax collection policy were changed to twice a year, the calculated interest income lost would amount to $1.2 million. If we divide this amount by approximately 30,000 (the number of real estate taxes sent out), it would be approximately $41.12 per household, similar to interest on a car loan. This would be a nominal amount and allow the majority of taxpayers the opportunity of paying their taxes to the town in one lump sum or two payments. He requested Mr. Greg Pavitt, Director of Finance, to run through the numbers. Windsor is still one of the few municipalities that still pay taxes once per year. We need to seriously consider this proposal.

   Mr. William Generous, 30 Karen Circle, addressed the Council regarding revaluation and FY 2005. He thanked the Board of Ethics for their efforts in reviewing his Ethics Complaint. It was a worthy complaint for the Board to consider since even now the town administration has not come clean on the true increase in taxes and there is an abundance of conflicting statements on how the "mistake" was made. Without question, the Town Council failed to do all their homework and relied on staff figures as sacred and then ignored citizens who had a better handle on property taxes than either the town council or town staff. Despite repeated citizen warnings of the true size of the tax increase and the Town Assessor’s admission of a median tax increase above 15%, the mill rate was unanimously approved six days after the Budget Referendum passed and there was no prudent call to first investigate the matter. Why did it take the town administration nearly three months to admit to a mistake? When a town council member becomes more concerned with his reputation than the citizen’s interests, citizens are not being served properly. This all could have been avoided if the balance of power in Windsor was not so heavily slanted away from citizens. He requested that the Council scrap the recent revaluation.

   Mr. Barry Tuttle, President of Board of Directors of WIN-TV, noted that on August 24^th the WIN-TV Board rescinded their contract with the Town of Windsor. They notified the Acting Town Manager that they would have full operational control on September 1, 2004. On Friday, September 3^rd, Acting Town Manager Souza said that WIN-TV, according to the original agreement, had to give 30 days notice. The Executive Committee concluded that as a demonstration of their good faith, they would extend the 30-day notice. They will undergo meetings with the town, with or without a mediator, if the town wishes to do so.

6. Report of Appointed Boards and Commissions

1. Board of Education

   Ms. Jane Garibay, BOE, reported to the Council. Prior to opening day, the teachers participated in two continuing education days. There are 260 kindergarten children at Roger Wolcott, 40 more than anticipated, which resulted in only two full day kindergartens. The absent rate the first day of school was 4.5% or less than 200 out of 4,500 students. Many of the renovations of Poquonock School have been completed. The only thing pending at WHS is the air conditioning screening. The before/after school program "Tree House" is up and running in all the elementary schools and Roger Wolcott. The new TV Production class at WHS started this year and students were enthusiastic. She thanked the town for their support of the athletic fields and the new floor at Sage Park.

   Councilor Dean requested the number of students enrolled in the Tree House program. Ms. Garibay said that she would get back to the Council with that number.

   Deputy Mayor Curtis noted that at the welcoming for the teachers, the Tripod survey results were given by Dr. Feser. He requested a copy of the findings. Ms. Garibay said that there were surveys given to students, parents and teachers. Deputy Mayor Curtis requested all three. He also requested a showing of the video encouraging people to move into town.
    

2. Insurance Commission

   Mr. Edward Samolyk, Chair, reported to the Council. They successfully renewed insurance coverage for 2004/2005. They switched carriers to an association headquartered in New Haven. They are highly competitive and many other towns are also members. This association has been in existence since 1980 and has a very good track record. The claims experience for our town continues to be very profitable.

   Councilor Dean asked if the association has carriers and what are their ratings. Mr. Marty Maynard, Risk Manager, said that it is a pool association that does not have ratings.

   Councilor Broxterman asked how claims were for last year. Mr. Maynard reported that claims are down. Worker’s compensation claims totaled 86, 15 of which were lost time, the best year since going self-insured in 1992. On the liability property side, there were 28 claims, down from 35 the previous year.
    

3. Board of Ethics

Mr. James Parker, the Acting Chair, reported to the Council. He noted that a motion was passed that the Board of Ethics found no ethical violations in the setting of the FY 2005 tax rate.

Councilor Simon requested that Mr. Parker discuss the procedure the Board of Ethics performed. Mr. Parker said that the Board met to consider a complaint by Mr. William Generous in using the wrong median house value for the tax increase. Also preferential treatment was given to a certain segment of the tax base (business and industrial). Mr. Generous gave a presentation, which was very informative. They viewed a video from the former Town Manager and his response to the allegations. They questioned the Acting Town Manager also. They subsequently made a motion and without dissent found that there were no ethical violations. He recommended that the Town Council hire an accountant to review the documents noted in the allegations. The Board of Ethics did not vote on this recommendation.

Councilor Jepsen thanked the Committee for their work on this. He also thanked Mr. Generous for bringing this to the Ethics Committee.

Mayor Trinks echoed Councilor Jepsen’s opinion.
 

7. Town Manager’s Report

   Neighborhood Assistance Act Tax Credit Program

   We have been notified by the State Department of Revenue Services that the four applications from Windsor-based organizations have been approved for participation in the Neighborhood Assistance Act (NAA) Tax Credit Program. The organizations and the corresponding dollar amounts of their requests are as follows:

   Celebrate Windsor $150,000.00

   Connecticut Radio Information System $ 50,000.00

   Foodshare, Inc. $ 50,000.00

   Huntington House $ 50,000.00

   The NAA Program offers qualified businesses a 60% tax credit against their corporate tax liability for contributions made to participating organizations. Certain restrictions apply. Businesses need to submit an application between September 15^th and October 1, 2004.

    

   Route 218 and Columbia Road

   The Department of Transportation has informed us that site work and the installation of the traffic signal can not be initiated until CL&P, SBC, and other utilities relocate their lines. The new utility poles have been set, but the DOT has not yet received a commitment date from the above utilities regarding when they will be moving their lines. However, it is anticipated by the DOT that utility relocation work will be completed in September and then the DOT will initiate site work and signal installation.

   Councilor Simon remarked about tax relief to senior citizens. We do currently have some. Acting Manager Peter Souza gave a brief overview and will provide more detailed information later. The state program uses income limits, with $32,000 for a household of two as the upper-limit. There is a sliding scale that residents need to apply for in order to get an exemption. There is also a veteran’s exemption. Every spring elderly households can make applications for the program at the Assessor’s Office.

   Councilor Mulligan noted a list of projects submitted by Mr. Bradshaw Smith, 23 Ludlow Road, at the Finance Committee, which did not come under the Public Building Commission. He requested a report for the next meeting and also on an ongoing basis.

   Councilor Walker asked for a report on properties run by the Windsor Housing Authority, regarding younger tenants mixing with elderly tenants and the complaints of noise and partying. Acting Town Manager Souza will request the report from the Windsor Housing Authority.
   
    

8. Communication from Council Members

Councilor Broxterman – there are many things that go on in town because of volunteers and they go unnoticed because they are not high profile. He thanked Mr. Golden for his active involvement in the Inland Wetlands and Watercourses Commission.

Councilor Dean – None.

Councilor Ellingwood – attended the dedication of the ADVO building, a beautiful facility. The CEO of ADVO and the construction manager complimented Windsor on the organized Building Department. It makes it easier to do business with us in a time where we could use all of the business we can get.

Councilor Jepsen – on Saturday morning, the Freedom Trail Run will take place. It is a 7.5-mile run from Archer Church to Keeney Park. It starts at 5:30 a.m. at the Archer Church.

Councilor Simon – the revaluation process is state mandated and we cannot change the requirement. There is a belief that the process was not conducted fairly. Mr. Parker’s suggestion for an independent review by an accountant has some merit and he is supporting that. The past two months have been spent trying to figure out what happened. The correct revaluation information used by the Town Assessor did not make its way into the budget process. It is in his opinion that the responsibility lies with the Finance Department and with former Town Manager Churchill. We were deprived of a timely opportunity to look at the revaluation process and the result to determine whether to continue with the revaluation. He does not believe Acting Town Manager Peter Souza is responsible for this. It is time for solutions. The Finance Committee will meet later in September to address legitimate citizen concerns.

Councilor Mulligan – he commended former Commissioner Arthur Spada on his work to secure the traffic light on Rt. 218 and Columbia Road. He has been contacted by a resident concerning some town employees observed mowing grass and doing cleanup at the plaza building. The resident questioned and was told that the building owner was not being charged for the work.

Councilor Walker – None.

Deputy Mayor Curtis – None.

Mayor Trinks – Northwest Fair is September 18^th.
 

9. Reports of Standing Committees

1. Finance Committee - met on August 23^rd.
2. Town Improvements Committee – None.
3. Health and Safety – None.
4. Special Projects – None.
5. Joint Board of Education and Town Council Committee – None.
6. Personnel Committee – None.
    

10. Ordinances
    None.

11. Unfinished Business
    None.

12. New Business

1. Review of the impact of property revaluation

   Moved by Councilor Simon, seconded by Councilor Broxterman to direct the Acting Town Manager to prepare a list of options to economize during the current fiscal year with the goal of producing budget savings, and to present those options to the Council at it’s October 4^th meeting.

   Motion Passed 9-0-0

   Acting Town Manager Souza recapped the options considered: postpone the implementation of property revaluation, phase in property revaluation, adjust the mill rate, mitigate FY 2006 tax increase and future policy topics such as a multiple payment schedule and increasing elderly and veteran exemptions. The options are few in number and the significant questions exist as to the legal authority to implement the options at this time given the fact that the budget was adopted by Town Council and approved at the Adjourned Town Meeting.

   There would also be considerable impact and disruption to existing administrative and customer service functions if options requiring recalculating, rebilling and/or refunding were chosen. Looking toward ways to mitigate the FY 2006 real estate tax impact and providing some tax relief is perhaps the most productive use of elected officials’, citizens’ and staff time in the coming year.

   Councilor Simon says that phase in is not the way to go, it just prolongs the agony. Postponement is a gamble that things will get worse. It seems risky to him. Adjusting the mill rate has equity problems. The Finance Committee looked at two things: 1) dealing with this year’s budget and 2) start planning now for next year’s budget. Next year, the estimate of fixed costs for the town is at $2.3 million, which does not include fixed costs for the Board of Education. There will be a $3.5 to $4 million increase for fixed costs for next year’s budget, which presents a substantial challenge.

   Councilor Ellingwood asked if it would be worthy to attach a goal, for example a zero percent increase for next year.

   Deputy Mayor Curtis said that the thought behind the motion was to give the town staff some time to take a look at what is possible from their perspective and report it to the Council to either accept or reject it.

   Councilor Simon said that he thought about proposing a savings goal but thought it better to request it without a savings goal attached at this time.

   Councilor Mulligan agrees with Councilor Simon and Councilor Ellingwood that it is good to set goals, but at this time let’s just see what the Acting Town Manager comes up with before we make a determination.

   Deputy Mayor Curtis added that the purpose of this motion is to acknowledge the fact that we were given inaccurate information and if we were given a different number, we would have made other decisions to reduce that number.

   Councilor Walker said that the intent behind the motion is a good one. After listening to feedback from the Town Attorney and information from the Finance Committee, it lets us know our options.

   Councilor Jepsen asked if we are going to pursue any method of fixing what people have paid this year or just move on by cutting now and later.

   Councilor Simon said that the three members of the Finance Committee did not believe any of the options to turn back the reval clock were viable or worth pursuing. We did not have any intentions of pursuing options that were not legally viable.

   Councilor Mulligan said that one option the Finance Committee looked at was taking money from the general fund and reducing the fund balance below 8%. He had requested that Acting Town Manager Souza report on the impact to the Council. Acting Town Manager Souza said that he would have that report later in the month.

   Councilor Dean asked if we could waive interest for seniors that cannot pay for the full bill since it was our error. Acting Town Manager Souza said that there is a provision in the state statute that allows a town (at the Town Council level) to waive interest. Deputy Mayor Curtis said that it is something that we could look at as an option along with tax relief. Councilor Dean asked if we have a record of the seniors who are having a problem paying their taxes now.

   Deputy Mayor Curtis supports the motion and requested that we give them a timeline since they only meet once a month.

   Councilor Mulligan said that the amount of taxes raised through the tax levy covers expenses; there is not any extra money as a result.

   Councilor Broxterman added that the 4.5% increase in spending wouldn’t change the fact that there is constantly the ability for the shift in tax burden. You can impact it by inviting more industry in or utilize vacant industrial buildings. The second shift is in the value of your home.

   Moved by Councilor Simon, seconded by Councilor Broxterman to request the Board of Education to take any steps possible to economize during the current fiscal year with the goal of producing budget savings.

   Motion Passed 9-0-0
    

2. Discussion of Board of Ethics Advisory Opinion

Moved by Councilor Mulligan, seconded by Councilor Dean to direct the Acting Town Manager Souza to solicit proposals from firms qualified to perform an audit of the budget and revaluation process.

The Board of Ethics met Tuesday, August 24^th, and again on Thursday, August 26^th to review the request for an advisory opinion concerning the potential misrepresentation of what the tax increase associated with the proposed FY 2005 budget would be.

Below is the motion that was made by the Board of Ethics during their August 26, 2004 meeting:

"A motion was made by Mr. Griffin, seconded by Mr. Morganthaler that the Board of Ethics found no ethical violations in the setting of the FY 2005 tax rate".

Acting Town Manager Souza said that we can identify firms who can perform the audit work and submit the firms and the information requested to the Council.

Councilor Walker interprets that Councilor Ellingwood is requesting an audit of the entire budget process. The Acting Town Manager is requesting a management firm look at the process. They are two different things. It would be in our best interest to look at the audit piece and we should have full control over that. Let the Acting Town Manager look at internal communications, etc.

Councilor Mulligan believes that an audit process should audit the procedures as well.

Mayor Trinks added that we really need to know what happened this year before we go into next year.

Councilor Jepsen thought that Councilor Simon’s communications from Council were very good and direct. He also agrees that Peter Souza was not responsible for this. We don’t have a lot of time to go into an RFP process, we need to move this along a little more quickly. We’ve got to improve the process and we want to audit these figures to see if there is more out there. It’s a two-track process.

Councilor Broxterman suggests that even though this has been referred to committee, we can still research firms who perform this type of work. He added that the audit that we perform on an annual basis didn’t uncover that there were any problems.

Councilor Simon brought up the idea of the revaluation process. There are lots of people who believe that something inappropriate was done, causing them to pay more taxes. If people believe this, we need to attempt to address this perception.

Acting Town Manager Souza added that less than 1% of residential homeowners made a formal appeal in January.

Motion Passed 9-0-0

Mayor Trinks referred the matter to the Finance Committee. Acting Town Manager Souza will prepare a draft of scope of services.
 

13. Resignations and Appointments

Moved by Deputy Mayor Curtis, seconded by Councilor Mulligan to:

Item D: Appoint Sheila Smith as a democratic alternate member to the Conservation Commission for a five year unexpired term to expire November 30, 2008 or until a successor is appointed

Item E: Appoint Winsome Barnaby as a democratic alternate member to the Conservation Commission for a five year unexpired term to expire November 30, 2005 or until a successor is appointed

Item G: Reappoint William Stephenson as a republican member to the Hartford Area Cable Television Advisory Council for a two year term to expire June 30, 2006 or until a successor is appointed

Item L: Appoint Dean Massey as a democratic alternate member to the Inland Wetlands and Watercourses Commission for a four year unexpired term to expire March 31, 2008 or until a successor is appointed

Item N: Reappoint Dr. Robert Gange as a republican member to the Youth Commission for a three year term to expire on September 30, 2007 or until a successor is appointed.

Motion Passed 9-0-0
 

14. Minutes of Preceding Meetings

1. Minutes of the August 2, 2004 Public Hearing (discontinuance of right of way on Deerfield Road

   Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the August 2, 2004 Public Hearing (discontinuance of right of way on Deerfield Road). Corrections: None.

   Motion Passed 9-0-0
    

2. Minutes of the August 2, 2004 Public Hearing (ordinance regarding the sale of property on East Street)

   Moved by Councilor Broxterman, seconded by Councilor Ellingwood to accept the minutes of the August 2, 2004 Public Hearing (ordinance regarding the sale of property on East Street). Corrections: None.

   Motion Passed 9-0-0
    

3. Minutes of the August 2, 2004 Regular Town Council Meeting

Moved by Councilor Broxterman, seconded by Councilor Dean to accept the minutes of the August 2, 2004 Regular Town Council Meeting.

Motion Passed 9-0-0
 

15. Public Communications and Petitions

Mr. Richard Rutkowski, 295 Kings Landing, said that he has heard some good things tonight, namely the audit. At the last few meetings he has heard, "it’s always been that way". He hopes that those words will be eliminated from the town’s vocabulary. There are alternate ways of preparing taxation. At the next meeting, he will present a model to let citizens know what their taxation will be. Beyond that, he has another proposal beyond the twice a year tax property payment. He is encouraged tonight by what he has heard from the Council and the Acting Town Manager.

Mr. Bill Generous, 30 Karen Circle, thanked the Council for their vote tonight regarding the audit. He also thanked Mr. Parker from the Board of Ethics for recommending it. Much mention was made regarding industrial lawsuits. He wants to clarify one item related to postponing a revaluation. By not agreeing to postpone the revaluation, that is implying that we are going to have these higher assessments over the next two to three years. He thanked the Board of Ethics for their efforts.

Ms. Robin Generous, 30 Karen Circle, spoke to the Council regarding invalidating the annual budget vote. The requirements for Town Council evaluation of budget information and the responsibility for proposing the budget presented to voters became tainted due to reliance on materially incorrect information. A different budget would have been proposed if the correct information was provided. Here, the fact that the error was publicly acknowledged shortly after the vote does not necessarily deprive the Town Council of its power to act in fulfillment of its duty to submit a "reasonably advisable" budget. The annual budget process as provided in the Windsor Charter was designed for a specific purpose, namely to evaluate and ultimately accept or reject the budget; by relying on inaccurate information during the budget process, the citizens casting votes did so without understanding what they were voting for. Please have outside legal council assess whether invalidating the referendum is a viable option available to this town council.

Moved by Councilor Jepsen, seconded by Councilor Dean to enter into Executive Session at 10:07 p.m. for the purpose of:

1. Discussion of the appointment, employment, performance, evaluation health or dismissal of a public officer or employee
2. Strategy and negotiations with respect to pending claims and litigation (Warren v Town)

Motion Passed 9-0-0
 

16. Executive Session

    Present: Mayor Trinks (arrived late), Deputy Mayor Curtis, Councilor Broxterman, Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker

    Staff: Acting Town Manager Peter Souza, Risk Manager Marty Maynard

    Guest: Vincent Oswecki, Town Attorney

    Mayor Trinks entered Executive Session at 10:15 p.m.

    Acting Town Manager Souza and Risk Manager Maynard left Executive Session at 10:35 p.m.

    Moved by Councilor Jepsen, seconded by Councilor Broxterman to exit Executive Session at 10:55 p.m. and re-enter into the Regular Town Council meeting.

    Motion Passed 8-0-0 (Mayor Trinks out of room)
    
     

17. Adjournment

Moved by Councilor Jepsen, seconded by Councilor Simon to add Item 12 (c) Strategy and negotiations with respect to pending claims and litigation regarding Warren vs. the Town of Windsor.

Motion Passed 8-0-0 (Mayor Trinks out of room)

Moved by Councilor Mulligan, seconded by Councilor Jepsen to authorize the Town Attorney to settle litigation regarding Warren vs. the Town of Windsor as discussed during Executive Session.

Motion Passed 8-0-0 (Mayor Trinks out of room)

Moved by Councilor Mulligan, seconded by Councilor Jepsen to adjourn the Regular Town Council Meeting at 10:56 p.m.

Motion Passed 8-0-0 (Mayor Trinks out of room)

Respectfully submitted,

Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

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