Board of Selectmen Minutes

Meeting date: 
Monday, February 6, 2017

Meeting Minutes                                                                 
February 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:

First Selectman Mailhos noted that we still have the joint meeting minutes to approve from October and December. We have not received any feedback from the members at those meetings.

Selectman Blessington moved to approve the joint meeting minutes of October 6, 2016 as written.

First Selectman Mailhos seconded the motion.

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

First Selectman Mailhos moved to approve the joint meeting minutes of December 13, 2016 as written.

Selectman Kowalyshyn seconded the motion.

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

First Selectman Mailhos moved to approve the minutes of January 13, 2017

Selectman Kowalyshyn seconded the motion.

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

Selectman Kowalyshyn moved to approve the minutes of January 18, 2017 as written.

Selectman Blessington seconded the motion.

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

First Selectman Mailhos moved to approve the minutes of January 30, 2017 as written.

Selectman Kowalyshyn seconded the motion.

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

Present to Speak:

Jim Bulick (Chairman of the Board of Finance) stated that he is in favor of keeping the elected positions (Town Clerk / Treasurer) intact.  The Town Clerk being elected serves as a checks/balances to the system and it also ensures that we get representation from the voting process.  He added that he also feels that the right candidate must be willing to become certified through the proper education process.  

Peter Latincsics echoed Mr. Bulick’s sentiments adding that he would like to see the Town Clerk and Treasurer Positions remain as elected; as long as they have the correct qualifications and is hopeful to be able to provide a candidate; no matter which party they may be from.

Suzanne Chapman (Republican Registrar of Voters) stated that she is in disagreement with the Republicans and feels the Town Clerk job should be appointed.  As far as the checks and balances process goes; the position is governed by State Statute and it’s either done following the law or it’s not.

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:

  • *Selectmen Wing Renovations – we received one bid so far on the renovations.  We are waiting for the other two bids to come in.
  • *Senior Center Re-permitting  – the bids (second round) have come in and are in the review process.
  • *MS4 Consulting – our registration /introduction documentation is due in April.  We have begun working on that to comply with the deadline.
  • *Planning & Zoning POCD – the next monthly meeting will be held tomorrow night.  It is the second installment of the listening sessions.  The focus will be on development (residential / commercial).   The third listening session will be held on March 7th.  
  • *Crumbling foundations –  Last Thursday, a 4-hour informational session was held at the Legislative Office Building to educate Legislators on the issue.   Another meeting will be held on February 17th to continue the educational discussions.  So far 19 bills have been proposed. The goal is to get everything into one bill.
  • *VCI –the NRN (National Register Nomination) has been submitted to the State.  The State SHPO panel will be reviewing on March 31st.  In the meantime, a Public Hearing will be held here at the Town Office Building on Monday, February 27th  for residents to learn about the nomination and what it entails.  Residents who live in the nominated area will also receive letters in the mail about the hearing.
  • *Library/Town Green parking lot proposal – First Selectman Mailhos will call Mr. Shabot soon to talk about the project.
  • *Appointed Town Clerk Ordinance – Is up for discussion later in this meeting.
  • First Selectman Mailhos noted that the proposed CIP projects for next year have not been added to the list as of yet – we will wait to see what makes the list before adding them.

 Public Works:

Derek reported the crew has been busy with the following:

  • Roadside mowing
  • Pothole repair
  • Plowing/sanding roads
  • Make sand/salt mix
  • Sign repair
  • Clean Trucks
  • Vehicle/equipment repair
  • Install aggregate on Kucko, Michaclec, Old South Willington
  • Replace missing catch basin grates on Nipmuck Rd
  • Cut limbs and trees that had fallen in Nor-Easter storm

New Business

2017 Small Cities Block Grant – Intent to apply

Robin Campbell stated that there has been expressed interest from residents to have the Town apply for the grant.  In order to apply, the  “intent to apply form” must be submitted by February 28, 2017.  That is the first step in the application process.   She stated that she spoke briefly with the Grant Administrator who handled the 2009 Small Cities grant; and they told her that the requirements for the application process this year are much stricter.  Additionally, we must submit “pre-applications” of those interested in receiving grant money in order to qualify.  In years past, we would apply for the funding and then seek applicants; whereas this year, the applicants must be ready to go when / if we get the funding.  The grant eligibility is also income-based; which is very low.

Selectman Kowalyshyn moved to send in the intent to apply form to the State of Connecticut Department of Housing for the Small Cities Application for the 2017 application round.

Selectman Blessington seconded the motion.  

Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)

Robin Campbell clarified that this is just to apply for the grant; it does not guarantee that we will receive funding.

The pre-applications can be found on the Town’s website:  willingtonct.org for those interested in applying for funding.

Tax Refunds

First Selectman Mailhos moved to refund $631.41 to Maia & Kersti Linesk; Richmond, VA for an overpayment.

Selectman Kowalyshyn seconded the motion.

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

First Selectman Mailhos moved to refund $106.76 to Yan XU of Clifton Park, NY 12065 on a certificate of correction.

Selectman Blessington seconded the motion.

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

First Selectman Mailhos moved to refund $144.95 to Raymond and Janet Tanguay of Willington on a certificate of correction.

Selectman Blessington seconded the motion.

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

First Selectman Mailhos moved to refund $6.18 to Maggie Miller (Keybank National Association); Albany NY on a certificate of correction.

Selectman Kowalyshyn   seconded the motion.

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

First Selectman Mailhos moved to refund $415.00 to Wells Fargo Tax Services; DesMoines, IA for an overpayment.

Selectman Blessington seconded the motion.

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

First Selectman Mailhos moved to refund $940.79 to Stafford Savings Bank; Stafford Springs, CT for an overpayment.

Selectman Blessington seconded the motion.

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

First Selectman Mailhos moved to refund $1,673.65 to CoreLogic Real Estate services; Fort Worth, TX for an overpayment.

Selectman Kowalyshyn seconded the motion.

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

First Selectman Mailhos moved to refund $151.41 to Cameron Chandler; Willington, CT on a certificate of correction.

Selectman Kowalyshyn seconded the motion.

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

BOS 2/21 meeting (cancel & hold on 2/13)

First Selectman Mailhos stated that she will not be here for the February 21st meeting; and thought that the Selectmen would be able to approve their budget on February 13th at a special meeting; however we found out that the CIP Committee has scheduled a meeting for that night.  The Selectmen’s budget cannot be approved until they approve the CIP plan.    The budget will be presented to the Board of Finance on February 23rd, but it is due to the BOF by 2/16.  

The Selectmen will meet on February 15th at 7PM (special meeting) to approve the CIP and 17-18 budget.

Old Business

Town Clerk Appointment Ordinance

First Selectman Mailhos stated that she updated a sample Ordinance after speaking with the Town Attorney. She noted that she looked to see what neighboring towns currently do (how their Ordinances are worded) and then incorporated the wording we already have in place for our Assessor and Tax Collector.   

First Selectman Mailhos stated that the other thing we will need to figure out is how the process will work.  In the past, she believes the Tax Collector and Assessor positions were changed from elected to appointed at a Town Meeting.  The opportunity to have the entire town vote on it as a yes/no question (at the upcoming Referendum) is an option as well.

An example of the question on the ballot could be:  “should the Town of Willington repeal the current ordinance regarding terms of elected Town Clerks and replace with an ordinance regarding appointed Town Clerk?”   According to the current Town Clerk, we have the option to hold the discussions at the annual April Town Meeting, which would adjourn to Referendum to be voted on as yes/no.

Democratic Registrar of Voters, Christine Psathas warned that the  Town Clerk will need to know what positions will be placed on the November election ballot by May 11th. With that being said, a decision will need to be made before then.

Selectman Blessington stated that he does not think it is a good idea and thinks if anything, it should be held at Town Meeting instead; where people can state their arguments.  If it were a question on the Referendum, the people voting on the subject will probably not have heard of it until that point; and they would not be able to make an educated vote.  

Selectman Blessington then said he likes having the Town Clerk as an elected position and wants to keep it that way; noting that if “it ain’t broke don’t fix it.”   Historically in Willington, this is one of those positions where someone gets in there; does a good job and rarely has opposition from the other party.   He then said he is not sure what we will gain by appointing someone because the only way you can become certified as a Town Clerk is to be a Town Clerk now (the State will not allow anyone to take the certification classes unless they are a working Town Clerk).   He then asked if we could appoint someone who is not certified.  Selectman Kowalyshyn clarified that we would most likely elect someone who is not certified; so why wouldn’t we?   Selectman Blessington then said he likes having  a resident sit in there; someone who knows the people in the town; as opposed to someone coming from East Hartford or Old Saybrook; who would probably just use us (Willington) as a stepping stone. He added that  Donna does things that she doesn’t have to do – she is a big help to our residents and especially the political parties and she doesn’t have to do so, but she does because she knows the people.

Selectman Kowalyshyn told Selectman Blessington that she is insulted.  She works for a municipality (outside of Willington) and she gives them 110 percent every day.  You can’t say that someone is going to come in from another town and not care, because that is bologna. Second we want someone who is qualified to sit there and make sure we don’t get in trouble down the road.  She then added that anyone; a Willington resident or not, could get the job, become certified and leave two years later for another municipality.  You can’t say it isn’t going to happen if a resident gets in there.  She then said that she too, would like to see a resident fill the position and would like to have the Selectmen have the final say of who is the most qualified to fill the position.

First Selectman Mailhos also noted that it would be nice to keep track of personal and sick time; because right now there is no set schedule for the five elected positions (Town Clerk, Treasurer, First Selectman & Registrar of Voters D&R).  If one of them gets sick, we are still paying the salary, but don’t have a backup for long term absences or even planned vacations.  An appointed position is treated like an employee; if they are sick, they are paid out of the sick time line item; or if they take vacation, their vacation, which is accrued is taken from that line.  She then stated that having the position become appointed is just her opinion; and she believes this is a rare opportunity for the townspeople to say what they think and to vote on it.   

Robert Wiecenski asked the Selectmen why they want to change it?  Selectman Kowalyshyn stated it is a way to have a “checks & balances” done to make sure the person is doing the job correctly.  If something is overlooked or not done, we could be fined by the State. The resident’s are the only ones who have a say with an elected position; and probably don’t know if things are done or not done properly.  Selectman Blessington then asked if we have ever had a situation where an elected official has not done their job correctly?  Peter Latincsics then stated that none of us know about the details in what is involved and suggested asking the Town Attorney to list the pros and the cons of elected vs. appointed.  He then said that it always seems like when you get the town attorney involved, it is to research what you want to do; we never see both sides.   That way we can read the details and make an informed decision.  

First Selectman Mailhos stated that she didn’t discuss it in detail with the attorney; but she talked to Town Managers and Selectmen in neighboring towns who have gone through the process and they discussed what they see as pros and cons.  She added that we (Selectmen) have been talking about this at other meetings, so it really should not be a surprise.   Selectman Kowalshyn then said that we just told you all the pros and cons of why we see it would be better as appointed.   First Selectman Mailhos clarified that tracking time off (sick, vacation, personal time) would be tracked better and we would be able to budget properly for sick time and vacation time.  She then noted that we have been very lucky that the people filling the positions are not abusing time off; because right now, any one of them could decide just not to show up; and we have no accountability.   First Selectman Mailhos then clarified that she does not care either way; it does not affect her personally and she feels we will get someone who is going to be able to do the job either way.   She warned that there is a lot more to the job than people may realize.   She offered to put a better “pros and cons” list together for when it is voted on.  

Discussion was held on the wording of the Draft Ordinance as it reads:

DRAFT ORDINANCE – APPOINTED TOWN CLERK

The Board of Selectmen shall appoint a Town Clerk who shall be qualified by training and experience for a 4 year term.

Said Town Clerk shall have all powers and duties, not inconsistent with this ordinance, conferred or imposed by the General Statutes on Town Clerks and such other powers and duties as are prescribed in this ordinance and as may be presented by the Board of Selectmen.

The Town Clerk shall receive such compensation as the Board of Selectmen may determine and all fees collected by the Town Clerk shall be paid into the Town treasury.  The Town Clerk may appoint and may remove, subject to the approval of the Board of Selectmen and subject to such rules and regulations covering town employees as may be adopted by the Board of Selectmen, all deputies, assistants or employees in his/her office.

The Board of Selectmen shall perform an evaluation of the Town Clerk each year in the month of April.  Such evaluation shall be based upon the effectiveness and abilities of the Town Clerk as described in the job qualifications.  Should the Board of Selectmen find in their evaluation that, in their opinion, the Town Clerk is not fulfilling the requirements of the position, they shall dismiss the Town Clerk pursuant to the Connecticut General statutes as amended from time to time.  Reappointment of a Town Clerk for a succeeding four year term shall be carried out after the evaluation and before the appointment expires.  Failure of the Board of Selectmen to make a reappointment shall result in the Town Clerk’s renewal of a four year term.

First Selectman Mailhos noted that in this case the Town Clerk would be considered as an employee and they would fall under the personnel policy.  Question was held if that position would turn into a union position; but it was determined because it is a “department head” it would not be eligible.

Selectman Blessington said he is not in favor of it and would rather have it go to Town Meeting rather than referendum.    Selectman Kowalyshyn said that she understands where Selectman Blessington is coming from.  She added that she thinks it would be better to offer all residents a chance to voice their opinion on it, but then stated that she does not have a preference.   Christine Psathas noted that the Registrar of Voters’ Ordinance was voted on at Town meeting by hand count.

The Treasurer position was then discussed, as to whether or not it should be appointed vs. elected.   Selectman Kowalyshyn stated that she feels the Treasurer position is more important than the Town Clerk’s position.  Peter Latincsics requested that the Treasurer’s office should have a degree of independence than that of the Board of Selectmen; but rather than the board of Finance. He likes the thought of the Treasurer being independent of the Selectmen.

First Selectman Mailhos said that she will discuss it further with the Town Attorney to get the details worked out on the sample ordinance.

Selectman Kowalyshyn moved to bring the Draft Ordinance regarding the Appointed Town Clerk and Appointed Treasurer (pending Town Attorney input) to Town Meeting; Date TBD.

First Selectman Mailhos seconded the motion.

First Selectman Mailhos noted that we may have other things to add to the Town Meeting agenda by then as well.

Vote:  2 Yes (Mailhos & Kowalyshyn)  1 No (Blessington)

Motion passes

Re-instate fees in Revenue Collection Department 

Robin Campbell stated that this discussion is a continuance of the meeting held on January 13th where the Revenue Collector had suggested reinstating the delinquent Motor Vehicle fees at $5 per delinquent vehicle.  The State used to attach a $2 processing fee on delinquent taxes.  The state removed the fees as of July 1st 2016; but neighboring towns kept the fees intact as part of their department policy.   Our Revenue Collector is asking to be authorized to implement the policy.  

Selectman Kowalyshyn moved to adopt a fee policy in the Revenue Collection Department of $5 per delinquent 2016 motor vehicle (and later) taxes effective immediately.

First Selectman Mailhos seconded the motion.

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

Selectman Kowalyshyn moved to adopt a fee policy of $5 per delinquent motor vehicle in the Revenue Collection Department for outstanding taxes on the 2015 Grand list effective immediately.

First Selectman Mailhos seconded the motion.

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

Selectman Kowalyshyn moved to adopt a fee policy for  in the amount of $20 for each UCC (Uniform Commercial Code) lien placed on delinquent personal property; effective immediately.

First Selectman Mailhos seconded the motion.

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

Budget update 

We don’t have an updated budget as of yet.   First Selectman Mailhos stated that she will talk to Derek to remove some money from the asphalt plan.  

Selectman Kowalshyn noted that the Governor’s budget will be announced on Wednesday; that is when we will find out how our town will be affected and the details of the cuts.   First Selectman Mailhos noted that CCM will also send us a breakdown.  She then stated that the towns are not in favor of the proposal of taking over the teacher’s pensions.  We will wait to see the outcome on Wednesday.

Crumbling Foundation Update

First Selectman Mailhos noted that other than the big meetings that were held last week, there is not much other news on the topic.  The proposed bills will have to go through different levels and will require testimony on all topics.  First Selectman Mailhos said that she plans testify and explain the effects on behalf of the Town and she stated that it may help to have members of the Board of Finance and our Assessor to testify with her.   She then stated that 36 towns are affected as of now; they will most likely have Building Officials, Assessors and their Board of Finance members speak as well.

Good & Welfare

First Selectman Mailhos reminded everyone of tomorrow night’s POCD listening Sessions at the Town Office Building lower level at 7PM.

CIP will meet on Wednesday at 6:30 PM in the Lower Level of the TOB.

The Opioid Epidemic forum will be held on Wednesday, February 8th at Tolland High School.  The Doors will open at 5:30 PM.  The event is sponsored by EHHD (Eastern Highlands Health District) in which Willington is part of with the towns of Coventry, Tolland, Mansfield and Columbia as well as others  Willington will be represented by WFD#1; our Local Prevention Council and Human Services will also have booths on site.  The doors open at 5:30 PM and speakers will go on at 7PM in the auditorium.  All residents and anyone affected by the opioid epidemic are welcome.

First Selectman Mailhos noted that there was an article in the Chronicle about former VFW member Fred Brown; who was convicted of embezzling $144,000 from the Willington VFW and an additional $12,000 from the Vernon American Legion.  Mr. Brown faced 4 years in prison, but was only sentenced 2 ½ years prison and 5 years’ probation.

We were copied on a letter from the Commissioner of the Department of Public Health; in response to concerns made by the Eastern Highland Health District Board of Directors regarding the proposed re-arranging on the Health Districts in the state.  Even though it seems like it is not a good idea, the State is still trying to move it forward and the local towns are trying to stop it.

The State DOT will be making repairs to a bridge on Route 32 (between Village Hill road and Schofield Road).  We received a confirmation letter regarding the construction which will be done in the spring of 2019; Road closures are not necessary (they will close one lane at a time).  No publc hearing will be needed on the subject.  We will post information as we get it closer to the construction date.

Selectman Kowalyshyn moved to adjourn at 7:58 P.M.

First Selectman Mailhos seconded the motion.

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

Respectfully submitted,
Robin Campbell
Administrative Assistant