Zero tax increase goes to referendum

WINSTED — Though no cuts were made to the town’s proposed 2012-2013 budget Monday night, Oct. 1, this year’s fourth town budget meeting saw considerable controversy. In the end, 65 residents approved sending the budget to voters to decide at an Oct. 27 referendum.The proposed budget — the fourth created by the Board of Selectmen this year — contains a zero tax increase, after three previous budgets were defeated, starting in May.The latest proposed budget for fiscal 2012-2013 is $30,932,241, an increase of $199,718 from last year. The increase in spending is offset by $199,718 in new revenue, hence the zero tax increase, officials noted.If passed by voters at a referendum on Saturday, Oct. 27, the town’s mill rate will stay the same as last year, with the tax rate at 25.43 mills.Arguments begin meetingThe drama for the night started right before the town meeting as the Board of Selectmen held its regular meeting.The board was reviewing minutes from a special meeting held Monday, Sept. 24, when Selectman Kenneth Fracasso said Town Clerk Sheila Sedlack did not list in the minutes that the board approved a budget.According to a copy of the minutes obtained by The Winsted Journal, while motions that were made to alter the budget are listed, the minutes do not list a final budget number or a motion to approve a proposed budget.“Nowhere does it say that we voted to send the budget to a referendum,” Fracasso said. “There are only votes for amendments and a motion to move the question on the budget. Nowhere in the minutes is a listing of budget numbers. It is my belief that we cannot hold a town meeting tonight because we haven’t adjourned it properly. In all the years that I’ve been here, when we decide on a budget we made a motion that we adjourn a town meeting and a budget at a specified amount.”While Mayor Maryann Welcome asked Fracasso if he wanted to amend the minutes to reflect the vote at the regular meeting, Fracasso said no and insisted that a town meeting could not be held. “I believe that it is an illegal meeting,” Fracasso said.Selectman Candy Perez disagreed with Fracasso.“I think there have been times that we’ve adjourned with only the motions made to adjust the budget in the minutes,” Perez said. “The budget was adopted at the meeting as per the town manager’s recommendations. The dollar amount was stated on the recommendations.”Fracasso then questioned Sedlack’s ability to keep meeting minutes.“Is it at Sheila’s discretion to determine what’s important to put in the meeting minutes and what is not?” Fracasso said. “I don’t see anything in the minutes that say that we voted on a budget with a dollar amount. I think we should play the meeting tape back for Town Attorney Kevin Nelligan and ask him what we should do.”“I did not pick and choose what to put in the meeting minutes,” Sedlack said. “Candy put a motion on the floor. Once it’s a motion I can’t cut things out of it. What is listed in the minutes is the complete motion according to the CD of the meeting.”Welcome then called a recess in order to discuss the situation with Nelligan.Nelligan, who arrived right before the town meeting was scheduled to start, said that despite what was listed in the meeting minutes, the town meeting could still go ahead.“I’m looking at the minutes and they appear to be sufficient enough to go forward,” Nelligan said. “There was a motion, the amendments were all set forth in the minutes. I haven’t listened to the meeting, but based on the minutes I believe that the meeting can go forward.”Despite Nelligan’s legal opinion, Fracasso still disagreed and insisted that he listen to a recording of the meeting.“These minutes are sufficient enough to move forward, that’s my opinion,” Nelligan said. “You should move forward to the town meeting.”Subsequently, the selectmen approved the minutes for the Sept. 24 meeting by a vote of 5 to 2, with Republican Selectmen Fracasso and Glenn Albanesius voting against approving them.Meeting goes forwardDuring the town meeting itself, Fracasso continued his efforts to try to halt the meeting as he called a point of order to moderator Judith Dixon right before Board of Education Chairman Susan Hoffnagle was to give a presentation on the school district’s budget.“The town charter, in section 107, states that a budget will be up for the public to review 14 days before the town meeting,” Fracasso said. “Up until this morning, budget documents were not available to the public. Several residents have told me that they stopped at Town Hall last week and they were all told that no budget documents would be available until after tonight’s meeting.”Fracasso said that the town meeting should be adjourned for a week in order for residents to review the budget.Dixon said she would not entertain Fracasso’s point of order until Hoffnagle spoke.Dixon revisited Fracasso’s point of order after Hoffnagle spoke and Sedlack proposed a date for a budget referendum.Winchester Tax Association member David LaPointe repeated Fracasso’s point of order and said it was in line with the charter.LaPointe asked for an opinion on Fracasso’s point of order from attorney Nelligan.“I myself just received this budget today,” LaPointe said. “Why are we here tonight if we just received the budget this morning? How can we pass a budget onto the people for a vote if people could not look at it before tonight’s meeting?”Dixon then held up the meeting to consult with Nelligan.After two minutes, she came back and said Nelligan’s opinion is that the proposed budget did not have to be available for viewing until the town meeting was held.Fracasso then made a motion to postpone the remainder of the town meeting for a week.The motion was defeated by residents by a vote of 44 to 21.While none of the members of the Board of Selectmen gave a presentation on the budget, Hoffnagle used her presentation time not to speak about numbers, but to urge residents to approve the budget.“It is time for a budget to be passed,” Hoffnagle said. “The Board of Education line item is at the state mandated level. If there is a motion tonight to cut the budget that will be an illegal cut and it will be subject to fines of twice the budget shortfall.”Residents did not make any motions to cut the budget at the meeting.The next step for the proposed budget is a budget referendum for Saturday, Oct. 27, to be held at Pearson Middle School from 8 a.m. to 8 p.m.