Board of Selectmen Minutes

Meeting Minutes                                                                
March 6, 2017
Town Office Building                                                            
6:30 P.M.

*Minutes are not official until approved at the next regular meeting

First Selectman Mailhos called the meeting to order at 6:30 P.M. with the following in attendance:  Selectmen Kowalyshyn & Blessington and residents.  First Selectman Mailhos led the Pledge of Allegiance.

Approval of Minutes:

Selectman Kowalyshyn moved to approve the minutes of February 22, 2017 with the following edit:

Page 3 (under approve Selectmen’s budget); last paragraph change crumbling foundations with crumbling concrete issues. (Selectman Kowalyshyn stated that she never uses that terminology when referencing the concrete).  In addition; the Selectmen would like to reference that the budget discussions in the minutes reflect a 2.26% increase; however the budget that went to the BOF was 2.47%.  The minutes will not be changed, because that was what was discussed.

Selectman Blessington seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Present to Speak:

Resident Jessica Uzliembo of 25 Wilderness Way asked the Selectmen to continue to work on the noise ordinance.  She stated that the residents in the neighborhood have been experiencing issues with noise coming from the Fed Ex Station and the TA Center and it is causing distress among them.  She added that since the trees were cut near the TA and the Fed Ex Station expansion (of the parking lot); the noise level and commotion has grown even more.  Ms. Uzliembo added that until recently, Fed Ex had a large construction light aiming towards their yard, and it was very bright; it has since been removed, but the permanent lights that light the parking lot looks like a mini city.

Ms. Uzliembo stated that the parking lot expansion at the Fed Ex Station causes noise all night.  They have trailers parked in the parking lot and trucks drive through the lot at all hours of the night with flashing lights, backup beepers, and crashing of the trucks and even the braking noises are very disturbing to the residents (it sometimes keeps them awake at night).  She added when she sits on her porch, she can see and hear everything very clearly and it is very distressful her and her family and her neighbors feel the same.

The major concern that Ms. Uzliembo has is that she knows that another truck stop is coming, and the existing TA center has received approval to cut more trees as well as installing a truck car wash (to compete with the new truck stop).  If the new truck stop comes in, they fear that they will have to hear trucks being washed at all hours of the day and night on top of the chaos they are hearing now.   She and her husband have come to the TOB to complain in the past and they are trying to be proactive than reactive about the situation.   They have tried to keep informed with what is going on at Fed Ex, and would have attended the public hearings, but it was about the same time as when the gun range was trying to come through and they missed the opportunity.    

First Selectman Mailhos asked Ms. Uzliembo if she had gone before the Planning and Zoning Commission for this?  Ms. Uzliembo stated that she hadn’t.   First Selectman Mailhos added that the Board of Selectmen are in charge of adding Ordinances, and they had been discussing coming up with a Noise/Nuisance Ordinance; however they keep getting hung up on enforcement and the appeal process, as we do not have staff, equipment or a Resident State Trooper to implement either at this time.  She added that part of this is how the town permits the businesses to operate over there.  First Selectman Mailhos stated that she believes the businesses have to renew their permits annually and perhaps we can have them make some changes at the time of renewal.

Selectman Blessington stated that someone is talking to the Fed Ex and TA, if they have made changes.  He encouraged Ms. Uzliembo to continue to work with the Land Use Department.  He added that the Selectmen have been researching a noise/nuisance ordinance, which has become a lot more complicated than you can imagine.  Selectman Kowalyshyn warned that they may not qualify under the noise ordinance – reminding everyone that this is how we have permitted them to run their business.  She noted that the PZC minutes are all online and can be reviewed (to see what is and is not permitted over there). Ms. Uzliembo then asked if it were possible to ask Fed Ex if they could install noise-cancelling beepers on some of their trucks (noting that it is impossible to add it to all of them; but some would help).    First Selectman Mailhos stated that might be something PZC can ask of them when they renew their permits.

Selectman Blessington suggested that First Selectman Mailhos add this to the Status Report.

Christine Psathas thanked the Selectmen for working on the budget for the upcoming fiscal year.  She stated that she knows that the Board of Finance would like to keep the mil rate as low as possible; only going up slightly each year; however she personally feels that it should be increased a little more than what is actually raised annually; and she has been asking the BOF this for many years now.  She added that one of these years it is going to hit and it could be big.  If the town were to have raised by 1 mil each year, it could help prepare us for when and if we are hit with large cuts from the state.   First Selectman Mailhos stated that she has been saying that for years, too.

Sarah Smith thanked the Selectmen for their hard work on the budget. She stated that she would hate for us to lose valuable people who have small salaries at the library or here at the TOB.  She added that she would hate to lose any of the services that are provided and would rather see the mil go up a little bit to preserve that.     First Selectman Mailhos stated that the BOS presented a budget that maintained a “status quo”; knowing that it is going to cost $81,000 more this year to keep things the same.  She added that we have never tried to see what people will tolerate; so we don’t know if people are willing to pay a little more in taxes or would they rather lose a service – and what services would we cut.  She added if we have to make cuts, we are going to have to make some tough choices and it is premature until we let the people decide.  Lastly, First Selectman Mailhos stated that neither the Selectmen nor the Board of Finance should make that decision – we have a process so let’s use it.

Robert Jellen updated the Selectmen on the Region 19 budget as the R19 BOE will be acting on it tomorrow night and they will have one more meeting until they adopt it formally.   First Selectman Mailhos questioned if the R19 board received the teachers’ pensions and if it were included in the budget – if it is, then the $619,000 that was originally cut could end up being more.  Mr. Jellen stated that it always seems like they spring these cuts on us at the last minute; but it is because the State fiscal begins later (October) than the town’s fiscal year (July).   First Selectman Mailhos stated that we did discuss this at the last Board of Finance meeting trying to come up with a game plan to see what we are going to do.   She is hearing that many other towns are going to assume big cuts but not assume the entire number; because otherwise they could end up over-taxing the residents and there is no avenue to reduce the taxes mid-year.

Correspondence:

A list of correspondence was available at the meeting and in the Selectman’s office.  

First Selectman Mailhos noted that we received a notice of grant award from the State DECD for the Cadlerock Property.  We jointly submitted an application for grant funding ($200,000)  with the Town of Ashford to assist in the remediation process and help us get a sense of how much it will cost to clean it up.  The property is split between Ashford and Willington and has been up for tax-sale several times over the years but no one wants to purchase it not knowing the severity of the contamination or the cost for remediation.  Figuring out what is entailed to clean up the property, may help it sell at a future tax sale.

First Selectman Status Report

First Selectman Mailhos went over the list of updates:

• *MS4 Consulting – a The Town Engineer is writing up a permit application for the April due date.
• *Public Works Environmental Configuration/Engineering – we are waiting for approval from the State to see if they will allow us to use the remainder of the STEAP funds from Turnpike Road to go towards this.  In the meantime, Derek is submitting the plans to Inland Wetlands to get a head start on the project.
• *TOB Masonry/Door replacement- First Selectman Mailhos will have Derek scope the project so we can go out to bid.  
• *Planning & Zoning POCD – the January & February meetings were a success.  The next monthly meeting will be held tomorrow night and the topic of discussion will be infrastructure.
• *Crumbling foundations –  A large public hearing was held last Tuesday in Hartford and 4 of the bills of interest were discussed in great detail.  Several Willington residents came out to testify and we are still trying to find out what bills we (as town leaders) and also as residents can work with.  The Legislators continue to work on the bills.
• *VCI –the NRN (National Register Nomination) is on the SHPO Agenda for March 31st.   A public Hearing was held last Monday and was well attended.  We will wait to hear if the buildings/Village has been accepted.
• *Appointed Town Clerk Ordinance – Is up for discussion later in this meeting.

 Public Works

Derek Reported the crew has been busy with the following:

• Roadside mowing
• Vehicle/equipment repair
• Cut trees that had fallen during high winds
• Grade gravel roads
• Repair handicap ramp at T.O.B
• Replace rotted floor in Transfer Station office
• Tree removal along Hancock Rd
• Remove file cabinet and install new fire proof file cabinet in Registrar’s office
• Pick up broken curbing in various locations
• Sign Repair
• •     Pot hole patching

Old Business

A.      Discussion:  Town Clerk (& Possibly Treasurer) Appointment Ordinance

First Selectman Mailhos stated that she added this topic on the agenda to see if we should make the Treasurer position appointed at the same time as the Town Clerk (if it is voted in the affirmative at town meeting); however we found out that the term for the Treasurer does not expire until November of 2019 and she did not have time to research how to go about doing that as the Board of Selectmen will have changed at the same time.  If this happens, the Town Clerk would be appointed after November 20, 2017 by the Board of Selectmen and take Office in January, 2018 because the effective date will be 6 weeks after the new board takes office.

First Selectman Mailhos stated that she would rather wait on the Treasurer until closer to the end of the term.  Selectman Kowalyshyn stated that is fine to wait for the Treasurer; however she feels that it is important that we do it.

Sarah Smith, who was in attendance asked the difference between the position if it were appointed versus elected so she can make an informed vote. First Selectman Mailhos explained that many towns are going with an appointment for Town Clerks and Treasurers  because there is a certification requirement  and it is easier to manage.  She added that the town switched the Tax Collector and Assessor to appointed positions many years ago.  First Selectman Mailhos stated that we have not had any issues with compliance before, however she wants to make sure we can maintain that level.  Selectman Blessington stated that he likes having local people in the Town Clerk’s office; and if we find that they can’t get certified, we have to go through the state to remove them.  Selectman Kowalyshyn disagreed and stated that if the Clerk was appointed, he/she would be treated as an employee and we found they weren’t doing the job correctly, or could not get properly certified, the Selectmen could remove him/her for just cause.

Robert Jellen asked how the new Town Clerk would be trained, or become certified.  Selectman Blessington stated that the State does not allow anyone to take the Town Clerk Certification class unless they are doing the Town Clerk job – another State mandate.  Selectman Kowalyshyn clarified that the new Clerk would start learning on day one and would begin the classes right away and have two years to become certified. First Selectman Mailhos noted that it would be the same process if the person was elected.  It boils down to who the person is and who they answer to.  Selectman Kowalyshyn added that it takes the politics out of the position.  

Selectman Blessington stated that our current Town Clerk does things that she doesn’t have to do and it isn’t required by law.  If the new Clerk didn’t do things and the people weren’t happy with them, they could express that in four years at the next election.  He added that he feels the person will owe more to the town if they were elected.

Robert Jellen stated that the current Town Clerk provides information in regards to laws etc.  as a courtesy and he thinks that she doesn’t have to by law.   He added that the First Selectman and the Town Clerk are the true officials of the town in the eyes of the State.  The Town Clerk is the repository of the archival of the town information and the First Selectman is the chief law enforcement officer of the town.  He personally feels that having the town clerk as an elected position has served us well – how much would it change if it were an appointed position.  There is no problem with the operation in the Clerks’ office as it stands right now.  

First Selectman Mailhos gave an example that all employees have benefits (sick time, or vacation time) and we have a way to cover their absences and there is nothing for the Town Clerk – there is no sick time or vacation time and we cannot plan for it financially.

Robert Jellen stated that he is hopeful that the Town would retain the assistant town clerk.  First Selectman Mailhos stated that the reason behind having an assistant is to ensure that the Town Clerk’s office is accessible when the building is open.  

First Selectman stated that in addition to management, the position would be filled by the most qualified person (through an application/job interview process) rather than a popularity contest (like an election).  Randy Belair stated that finding the best possible person may be better found through the appointed process.   A Town Meeting will be held (called later in the meeting) to let the residents decide by vote.

A.      Crumbling Foundation update

First Selectman Mailhos stated that she really doesn’t have much to add on this topic.  

Sarah Smith stated that First Selectman Mailhos did a very nice job testifying on behalf of the town at the public hearing.  She stated that the hearing was very informative and interesting to follow the compression of the bills.  First Selectman Mailhos stated that it was difficult to follow at times, and not all of the bills were covered on that date, thus causing a lot of contusion.  She feels the confusion will continue because there are so many Legislative leaders involved and they are all going in different directions, they are all on different sub-committees; they have different parties and different ideas on how to push the bills through; thus causing the confusion.  Discussions were held about appointing a czar to run the program to begin to have  uniformity.  

Randy Belair asked the number of Willington residents who applied for reduced assessments.  First Selectman Mailhos stated that the deadline to apply for reduced assessments passed (February 20th) and we received 30, but the majority of them were from the Willington Ridge Condominiums.  Based on conservative estimates, we are looking at an assessed reduction of $21,000 and that is in addition to the previous adjustment made in October of 2016.   First Selectman Mailhos added that the condo owners are in a tough situation, as it is going to be millions to fix them, and the condo owners cannot afford to pay that.  

First Selectman Mailhos stated that we keep saying that we need to set up a fund we know that it is going to be probably a billion dollars to fix, we don't need it all at once; but we need to start somewhere to start helping these people.  We need to save the real estate market, the homeowners and financial future of our town - we know it is going to take a year to get it all set up but we need to act now.  Robert Jellen stated that he has heard that the projection is about 500 cases and another 400 more homes on top of the ones who have filed wtih the DCP.    First Selectman Mailhos said there are about 500 + people signed up with the Department of Consumer Protection list. There are more homeowners who have filed claims with their insurance companies, and we do not know that number (it is not public information) and we know that there so many more people who have not even come forward for various reasons.   The number could go from 5,000 to 10,000 out of 36 towns.  She added that she believes no one wants to come forward until they have a glimpse of hope or help.

Liza Makuch asked if th real estate market is affected by this.  First Selectman Mailhos said yes; some people are selling their homes for a third of what they were worth (a $400,000 home sold for $100,000 -driving the comps down) and she has also heard that some realtors do not want to get involved and they are avoiding homes that were built later than 1983.  

Randy Belair added that potential buyers would want to have a foundation tested prior to purchasing a home, but the testing can cost upwards of $8,000 and the testing is not conclusive of the entire foundation.  First Selectman Mailhos stated that the testing is conclusive if you have it but inconclusive to prove you don't.  

New Business

Appointment

Liza Makuch was present.  She stated that she was very politically active years ago, before she had children.  She is also nearing the end of receiving her PhD and getting back into the workforce.  Now that her children are in school, she joined the Democratic Town Committee and is looking to become more politically active joining some boards.  She heard there was a need on the CIP Committee, so she decided to jump on it.

First Selectman Mailhos moved to appoint Liza Makuch as a regular member of the Capital Improvement Program Committee (filling a vacancy) effective March 6, 2017; expiring November 30, 2018.

Selectman Kowalyshyn seconded the motion.

The Selectmen thanked Ms. Makuch for coming forward and  joining the CIP.  First Selectman Mailhos noted that we haven't had a Democrat on the CIP Committee in several years.  Selectman Kowalyshyn cautioned that it isn't about the party, it's about the people.  First Selectman Mailhos agreed and noted that with CIP, it is about the money and projects.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

Award Tree Cutting Bids

We received three bids:

New England Arborists Tree Care:         $140 hourly;           $1,120 daily rate

Tennet Tree Service:                     $135 hourly;           $1,050 daily rate

Lindon Tree Removal:                     $150 hourly;           $1,080 daily rate

First Selectman Mailhos noted that Derek recommended going with Lindon, because we have used them for the past few years and they are great to work with; while the hourly rate is the highest, the daily rate is mid-range.  She added that we found that sometimes the lowest bidder isn't always the best way to go and Derek usually gets a lot of work done when he uses them for a full day.

First Selectman Mailhos moved to award the tree removal contract to Lindon Tree Removal  in the amount of $150 hourly and daily rate of $1,080; effective July 1, 2017, through June 30, 2019 based on the recommendation of the Public Works’ Director.

Selectman Blessington seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

 Award Mowing Contract

We received two bids:

Country Landscape & Tree        $4,540 (however the bid was submitted incomplete; not all items were factored into the bid)

Greg Peck:                      $18,320

First Selectman Mailhos noted that the recommendation was to stick with Greg Peck.  She noted that the contract could be lower than he had bid because it is an estimate for mowing the town properties; but you don't know how many times he is going to mow annually.  

First Selectman Mailhos moved to award the mowing contract effective July 1, 2017 through June 30, 2016 to Gregory Peck in the as per his bid.   

Selectman Kowalyshyn seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Award DEEP Permitting for the Senior Housing Complex

We received 6 bids for this project:

Dymar:                                                 $14,850 with misc. charges not figures

Gardner & Peterson:                             $25,000 with misc. charges; incomplete; did not submit 6 copies

Nathan L. Jacobson & Associates:          $8,600 with misc. charges

Lombardo Associates:                           $3,900 with misc. charges

Martinez Couch & Associates:                $4,350

Robert Green & Associates:                   $8,050 with misc. charges

First Selectman Mailhos stated that the septic at the Senior Complex must be renewed with DEEP this coming year.  The process to do so is complex, thus we went out to bid for help to comply with the project so we can be in compliance for renewal.    Three firms were interviewed (Jacobson & Associates, Martinez Couch Associates and Lombardo Associates).  The Interview Committee recommended awarding the project to Martinez Couch & Associates for the first phase.

First Selectman Mailhos moved to award the DEEP Permitting for the Senior Housing Complex to Martinez Couch & Associates as per their bid of $4,350 and based on the recommendation of the interview panel.

Selectman Blessington seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

Call Town Meeting

First Selectman Mailhos read the call of the meeting:

TOWN OF WILLINGTON

NOTICE AND WARNING

SPECIAL TOWN MEETING

     The electors of the Town of Willington and all persons who are entitled to vote in Town Meeting on the matters mentioned in the following warning are hereby warned and notified to meet in Town Meeting at 7:00 P.M. Wednesday, March 29, 2017 at the Old Town Hall; 11 Common Road for the following purposes:

ITEM I

Should the Town of Willington repeal the current ordinance regarding the term of an elected Town Clerk and replace with an ordinance regarding an appointed Town Clerk?

ITEM II

Shall the position of Town Clerk be appointed to a four year term by the Board of Selectmen effective January 8, 2018?

Dated at Willington,

This 6th day of March, 2017

Selectman Kowalyshyn seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Blessington noted that he is voting to hold the Town Meeting; he is not voting to endorse the change.

Changes to the Pistol Permitting Process (by appointment)

Robin Campbell has asked the Selectmen to consider adding this change (making pistol permit processing by appointment) to the policy at the Town Office Building - effective April 1, 2017.  Most other towns have Resident State Troopers who hold an interview process and it is more formal; however we do not have that.  

In addition, she is the only employee in the Town Office Building who can process the permits (they fall under law enforcement; which the First Selectmen's Office is also known as the Chief of Police in town).  There is no back up to process them.

Currently, if a resident comes in on a Monday evening, and a Selectmen's meeting is in progress, they are not able to process their permit.  The same goes if Robin Campbell is on vacation, or out sick.  

The Selectmen do not have a problem with the change.  Selectman Blessington asked how we will advertise?  He doesn't want people to show up and not have an idea of the change.  

The change will go into effect on April 3, 2017.

Good & Welfare

First Selectman Mailhos congratulated resident Dan Donaghy who was named a Poet Laureate.  There was a very nice article about him in the Chronicle.  Mr. Donaghy aims to teach others about the value of writing, listening and reading poetry.  He hopes he can pay back his teachers by teaching others that their stories matter and that they matter.  he is an Eastern State University English Professor.  

Robert Shabot noted that the Masinda Button Shop (and family home on the corner of Luchon Road) was recently enlisted in the State Register of Historic Places last week.  Mr. Masinda has put a lot of work in resurrecting the button shop and will use a hit-n-miss engine (used in the turn of the century) to run the shop.  Congratulations to Mark!

First Selectman Mailhos stated that plans are beginning for the Veteran's Memorial Ceremony at the Senior Complex on Memorial Day.  People are welcome to purchase pavers in the name of Veterans.  The memorial is not a war-specific, or Town specific monument.  Any veteran who has served in any war time can have a paver placed in their name; no matter the branch of Armed Services, which is unique.  The dedication is planned for Memorial Day after the parade – around 11AM.   First Selectman Mailhos noted that the memorial outside of the Old Town Hall is listed with names of people who served who were born in Willington; that is the distinction between the two memorials.  

Selectman Kowalyshyn reminded everyone of tomorrow night’s POCD meeting at the Town Office Building at 7:00 PM.

Robin Campbell thanked the town of Stafford for allowing us to bus-pool with them to the State Capitol in Hartford last Tuesday.  

Selectman Blessington moved to adjourn the meeting at 8:27 P.M.

Selectman Kowalyshyn seconded the motion.

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Respectfully Submitted,
Robin Campbell
Administrative/Recording Clerk