Board of Selectmen Minutes

Meeting Minutes                                                                         
May 15, 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 May 1, 2017.

Selectman Blessington seconded the motion.

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

Present to Speak:

Peter Tanaka (Mason Road) stated that he read a newspaper article about the Town of West Hartford and how they have adopted an Ordinance regarding Bee Keeping.  He stated that he hopes that our town never goes to that level of extremity.  

Mr. Tanaka added that he is trying to dispose of an old smoke detector; but is having a hard time trying to find a place that will take it.  The Transfer Station clearly states that they do not take them (because the detectors have a radio-active waste associated with them); and recommended that he dispose of it at the North East Hazardous Waste Facility.  Mr. Tanaka stated that the N.E. Hazardous Waste Facility would also not accept it, but suggested he bring it to the Transfer Station and put it into the electronics bin (which clearly states “NO Smoke Detectors” on the bin). The Transfer Station Attendants suggested that he check with the Fire Department, to see if they would dispose of them; which they do not.  The Building Official follows State Statute which makes it mandatory for all homes to have smoke detectors in place.  The town also requires all homes to have detectors and to change them out, but does not have a policy of what to do with them once they are discarded.  He then asked the Selectmen to look into how residents can get rid of them.

Lastly, Mr. Tanaka thanked the Republican Town Committee for the donation of the flag in the reading room of the Library.

John Patton (Tolland Turnpike) said it would have been nice (as a common courtesy) to have given him a head’s up about the last meeting; where he was a topic of discussion.  First Selectman Mailhos clarified that the Selectmen received a letter from a resident regarding a conflict of interest, however; it did not mention a specific resident.  Mr. Patton’s name wasn’t on the letter. The Selectmen put the topic on the agenda for the resident to come and talk about it.  She added that the Selectmen never mentioned his name at all during that meeting.  Furthermore, she stated that she did not want to assume it was him, noting that would be a conflict of interest for her; if she had notified him.  Also, she stated that she did not want to assume it would be him; only to find out it could have been another person the letter was referencing.   The request was for the  Selectmen to discuss it at a future meeting.

Mr. Patton stated he feels as if he were sandbagged and is offended that he was not notified of the last meeting’s discussion.   Selectman Kowalyshyn asked Mr. Patton what happened the last time this was brought up – at a meeting that he was at and how he acted – which was inappropriate.  Mr. Patton agreed that he did act inappropriately, but it was because he was blindsided at that meeting too.  The person who brought up that topic could have called him to discuss it one on one.   Selectman Kowalyshyn clarified that maybe people feel uncomfortable coming to talk to you.   Mr. Patton responded that if anyone is going to talk about him, they should let him know.  Selectman Kowalyshyn clarified it’s not just about him; there are other ethical issues that need to be handled around town, but at that particular meeting; that topic was on people’s minds and yes, it did involve him but the resident (who sent the letter) needed to clarify that.  She added that the town currently has nothing in place if an ethical issue pops up, and she stated that something new can pop up next month, or the month after that and we want to have something in place.  Lastly, Selectman Kowalyshyn clarified that the Selectmen were not the ones to question whether it was an ethical issue; the resident who sent the letter did.

Mr. Patton said that if the Selectmen want to take him off of the CIP, then take him off.  Selectman Kowalyshyn clarified that it isn’t us; it was brought to us.  First Selectman Mailhos added that she mentioned to the resident that he should go to the Board of Finance, because it is her understanding that the Selectmen do not have any power to do anything about that.

Selectman Blessington said he is putting himself in Mr. Patton’s shoes and would be royally upset if anyone were to talk about him and he wasn’t there to defend himself.  He added that we did receive a letter, but perhaps we (Selectmen) should have asked for an example, rather than beat around the bush and mention anyones name.  He then apologized to Mr. Patton as he feels it was handled inappropriately.

First Selectman Mailhos clarified that she feels it was handled the way we handle every other situation when we receive a letter.  It didn’t’ have his name on it – was she supposed to assume it was him, only to have residents  accuse her of going out of her way to bring it to Mr. Patton’s attention? She figured this was the best way to handle it; trying to be transparent.  

Selectman Kowalyshyn moved to add “Fire Hydrant Discussion” under old business

First Selectman Mailhos seconded the motion.

Selectman Blessington stated here we go adding things.

Selectman Kowalyshyn rescinded the motion.

First Selectman Mailhos said she thought that the discussions were done.

Robin Campbell apologized as she was going to ask Selectman Kowalyshyn if she had wanted to add the topic on the agenda last week, but hadn’t.

Correspondence:

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

First Selectman Status Report

First Selectman Mailhos went over the list of updates:

• *Senior Housing Phase III (Cottages) – construction continues to move along.  ASHOW will report on the strategy of prioritizing the list of interested residents to the Selectmen shortly.  Move in date is planned for July, 2017.
• *Daleville School Road Bridge – The bidding process opens tomorrow with a mandatory pre-bid meeting on Tuesday, May 30th and due date of June 5, 2017.   
• *Willington Day Planning—the Committee has found a DJ and things are coming along.  We now just hope for good weather!
• *Selectmen Wing Renovations – the painting is done (thank you to our Tax Collector, Lisa Madden & the Registrars).  The Assessors have also been painting their office as well.   A transfer request will be brought to the Board of Finance to see if we can scrape up some funding to pay for new carpeting.
• *Cadlerock Property – the Town of Ashford is taking the lead on this.  The administration details are being worked out; and the next step is to find a contractor to do the work.
• *Hiring new Town Clerk – we are working on developing a timeline for the appointing of a new Town Clerk.  
• *Fracking Ordinance – The Town Attorney has reviewed the proposed Ordinance and has approved to go to Town Meeting.  Town meeting date is slated for June 20th.
• *Website Upgrade – Since the budget passed, we are preparing to begin the upgrades.   The plan is to complete by the end of summer.
• *Senior Center Re-permitting – Phase I has been completed.  Phase 2 items will be submitted to DEEP on Tuesday or Wednesday of this week.
• *MS4 Compliance – we are in the beginning stages of looking at mapping software for the next phase of the permitting process.
•  *PW Environmental Configuration Engineering –We are still waiting for STEAP approvals, but in the meantime the application and plans have been submitted to Land Use & IWWC for approval.
• *TOB Masonry & Door replacement – we have had several contractors scope the project.  We are expecting to go out to bid shortly if we can secure funding as we believe LOCIP funding has been frozen.  The door is in really bad shape and needs to be replaced either way.
• *PZC/ POCD – the first draft of the new POCD was reviewed at their May 2nd meeting.  Revisions were discussed and will be brought up at the next meeting, which is slated for June 2nd.
• *Crumbling Foundations –we still track bills of interest and decide if we want to support any other proposed solutions.
• *Pillars under Town Clerk Office – this is on hold until we see if the State budget will go through.  
• *Transfer Station Parking Lot Paving – This project is also on hold - dependent on the State budget and LOCIP funding.  
• *Ground Spreader Controls – Derek will be purchasing this sometime in July.  
• *Reval 2018 – Our Assessor is working on the RFP and will go out to bid after July 1st.
• *WHFD Parking Lot Replacement – This project is also dependent on LOCIP funding.
• *River Road Athletic Complex Lighting – This project is also dependent on LOCIP funding.
• *Evergreen Memorial Tree on the Town Green – the old tree was removed last week and a new one will be planted next Monday, May 22nd.  In the meantime, First Selectman Mailhos would like to do something creative with the wood from the old tree.
• *Crumbling Foundations – we are still waiting to see what the bill looks like and when they are going to vote on it.

Barry Wallett suggested adding a section banning incinerator waste to the fracking waste ordinance when it goes through Town Meeting.

Public Works:

Derek Reported the crew has been busy with the following:

• Sweeping
• Equipment/vehicle repairs
• Mow/spring cleanup at Halls Pond
• Grading of gravel roads
• Roadside mowing
• Pothole patching
• Move office furniture out of Rec departments old office

Derek noted that the Evergreen Memorial Tree on the Town green was taken down on May 8th and a new tree will be planted~in its place on Monday May 22nd.

Lastly, Derek thanked Bob Shabot for trimming the crab apple trees again this year on the town green.

New Business

 Appointment:

First Selectman Mailhos moved to appoint Michelle Doucette-Cunningham as a member representing the school system on the Youth Service Advisory Board, effective May 15, 2017; expiring May 14, 2018.

Selectman Kowalyshyn seconded the motion.

Discussion was held to see if Ms. Doucette-Cunningham was appointed by a recommendation of the Board of Education?  MaryBeth Wallett stated that she was not aware of such recommendation and asked if there might be a conflict of interest with Ms. Doucette-Cunningham’s professional position (being an after school care program director). Selectman Blessington clarified that former Superintendent Harding originally served in that spot, and does not believe that a recommendation from BOE is necessary, nor does he see that to be a conflict of interest as the Board is just an advisory board.   He clarified that other members who serve on that board that were not appointed by recommendation of another board.

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

Old Business

Crumbling Foundation Update

First Selectman Mailhos stated that she does not have anything to add as there is nothing going on.

Ethics Commission/ Conflicts of Interest Discussion

First Selectman Mailhos stated that she did not call the Town Attorney about this because she said she feels the Selectmen do not have authority to do anything about it.

Selectman Kowalyshyn said that she had researched and received feedback about Ethic Commissions from 4 towns: Coventry, Mansfield, Tolland and Ashford.  

The Town of Ashford, for example does not have a Commission - they just have a policy in their Personnel manual that employees are not allowed to accept gifts and gratuities of value as well as prohibition against personal use of town property.  

The Town of Coventry does not have an Ethics Commission out of fear of its misuse for political purposes – instead they use the town attorney as needed.

The Town of Tolland does have a non-political Ethics Commission of three members who are appointed by Town Council.  The Commission’s code of ethics covers a list of items.   Upon a finding of a violation, of the code, a public report would be submitted to the Town Council.   Upon receipt, the Council would have the option of doing nothing, passing a resolution in support of the finding and request that the individual cease the action causing the violation; but there is really nothing that the Council can do about it.  It can be brought to the elected person’s attention, or ask them to stop, but there is nothing you can do (unless it is an employee; at which they would be subject to disciplinary action).    The Town of Mansfield is very similar to the Town of Tolland.

Selectman Kowalyshyn said it may not be worth forming an Ethics Commission; we would be better off consulting with the Town Attorney when we need to.  She added that we have a hard enough time trying to fill some of the boards/commissions as it is now.

Selectman Blessington said he likes Coventry’s answer best – the potential for political misuse – adding that we should just consult with the Attorney if need be.

First Selectman Mailhos clarified that she will need to know what to ask the Town Attorney, as right now there is a vague question on the floor.  Selectman Blessington clarified that the question should have a name associated with it – so the Town Attorney will be able to not only research, but also be able to reach out to the person in question.

John Patton added that there also needs to be some specific reasoning behind why they think there is a conflict what the conflict is and what the violation is.  For example if a resident will have a financial gain or special interest with whatever they are doing, should really be spelt out.

He then clarified that we are a small town, there are other issues, that you can’t always avoid, for example, Mr. Patton being a BOF member, votes on the PW budget, in which his company provides winter sand (through a competitive bidding process) but it’s a small town, you do the best you can.  You can’t avoid every degree of separation that you would like.  

First Selectman Mailhos said that she would like to know from the Town Attorney what the proper procedure would be (in the absence of an Ethics Commission) if people have questions.   Should she direct them to the board that they have the issue with and bring it up there?   Selectman Kowalyshyn said we should ask the Town Attorney what the legal proper procedure would be in that case.  

Good & Welfare

First Selectman Mailhos thanked all of the voters that came out to vote on the budget.  340 people came out to vote.

First Selectman Mailhos stated that we received our report from the Connecticut State Police from April, 2017:

Accidents:                          7

Criminal Investigations           10

Burglaries:                         1

Larcenies:                          3  

Non-reportable matters: 750

DUI’s:                                    1

Traffic Citations:              335

Written warnings:                 52

We found 5 pencil drawings in the attic of the TOB of revolutionary times.  The sketches are extraordinary, however they do not have a name associated with them.  We are looking for any information (who drew them, and in what year) we can find of them.  Selectman Blessington states that he recalls them being on the walls of the Old Town Hall when he was young; as the Old Town Hall at the time, was where Town business was held.  He states that his father, who used to be the custodian of the OTH, had told him about the paintings, but he was too young to remember that.  We would like to have them re-framed and placed on the walls of the newly painted TOB.

Selectman Kowalyshyn stated that she was discouraged to read that the Board of Education had not picked a Superintendent and will put the search on hold until next year.  She added that she does not think it is fair to push it off to the next board.   MaryBeth Wallett (who is a member of the Board of Education) asked Selectman Kowalyshyn if she had read the statement sent out by the Board of Education.  Selectman Kowalyshyn said that yes, she had read it.  Ms. Wallett then said that is their response.  A lot of discussion went into it and it was a board decision.  Selectman Kowalyshyn said she was still disappointed.

Selectman Blessington stated that touch a truck will be this Saturday at the library.

Selectman Blessington also reminded everyone of the senior breakfast, which is also going to be this Saturday.

Selectman Blessington moved to adjourn the meeting at 7:18 PM

Selectman Kowalyshyn seconded the motion.

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

Respectfully submitted,
Robin Campbell
Administrative Assistant