Board of Selectmen Minutes
BOARD OF SELECTMEN
Meeting Minutes
November 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: Selectman Kowalyshyn & Blessington and residents. First Selectman Mailhos then led the Pledge of Allegiance.
Approval of Minutes:
Selectman Kowalyshyn moved to approve the minutes of October 16, 2017 with the following edit:
Page 6; 5th paragraph; 2nd sentence PZC(remove f after C)
Page 5, 5th paragraph; 5th sentence – (remove $400) “charging out of towners a fee to use our Transfer Station and we could possibly make revenue.”
First Selectman Mailhos seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Present to Speak:
No one was present to speak.
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:
First Selectman Mailhos noted that the State budget passed last week. The items that are on hold will remain on hold until the LoCIP funding comes in. We received a shortfall in the LoCIP funding this year, but were told that next year, the state will double up on the funding. At that point, the new Board of Selectmen and CIP Committee will be able to decide whether or not they want to fund the items with the LoCIP or use General Funds to cover the costs.
*The following items are on hold until we receive LoCIP funding:
*River Road Athletic Complex Lighting
*WHFD Parking Lot Replacement
*TOB Masonry & door replacement
*Pillars under the Town Clerk’s office
*PW Environmental Configuration Engineering (Salt Shed - waiting on STEAP approvals)
*Daleville School Road Bridge – the wall coating and road surfacing is being worked on now. the contractor is expecting to finish the project by mid October.
*Senior Center Re-permitting – Phase I has been completed and we are going to wait to see if the new wells are even needed due to the flow rate thresholds/ changes to the permit.
*Door to Lower Level at TOB – Derek temporarily fixed the door, but we are hearing otherwise from the people who use it daily. Now that we have funding, it should be looked into. Selectman Kowalyshyn suggested that it should be fixed.
*MS4 Compliance – we now have a list of items that need to be done in the next 5 years. A meeting will be held with team and the new First Selectman to bring him or her up to speed.
*2017-18 Lease items – the lease will be awarded tonight and a resolution will be adopted so we can move forward and order the equipment/truck.
*Ground Spreader Controls – the unit has been installed and this item will be removed from the list.
*Cadlerock Property – the RFP has been published. The prospective purchaser has pulled out of the agreement, so we will continue on with the RFP process to evaluate the property.
*Hiring new Town Clerk –a hiring committee will be created tonight.
*Website Upgrade – the vendor is making progress with the migration and structuring content to the new site. They will be scheduling a conversion meeting in the next week or so.
*PZC/ POCD – the final draft meeting will be held in January and this is something that will need to transition over to the new Board of Selectmen
*Crumbling Foundations – A relief assistance fund is going to be set up (as adopted with the new State budget) for $100 million over the next five years. It is a good start. In addition funding assistance is also available through CRCOG and the town of Coventry to allow homeowners to test their foundations for pyrrohotite. More information is forthcoming as things progress.
*Land Use Position – to hire a part time person in January. Now that the budget has passed, the new Board of Selectmen & PZC will be able to decide whether they want to move forward.
*Sexually Oriented Business Ordinance – passed at last week’s town meeting and will take effect in 30 days. The PZC will begin the process to change their regulations. First Selectman Mailhos will send them a letter in effect to that.
*Transfer Station Ordinance – did not pass at town meeting. It will be removed from the list. Selectman Kowalyshyn stated that the new Board should seriously consider looking into opening up to other towns and start charging to possibly make some revenue.
Randy Belair asked if there is a job description for the land use position. First Selectman Mailhos replied that we currently do not have one, although we (the Selectmen) have discussed it with the Planning and Zoning and Inland Wetlands Commissions and we have a draft and the notes derived from that meeting. She added that the position is also only funded part time.
Public Works:
Derek reported that the crew has been busy with the following:
Expose distribution boxes on T.O.B. septic leach field
Roadside mowing
Pave area dug up in parking lot at T.O.B for septic distribution box inspection
Rebuild loading ramp at salt shed
Fluid film all vehicle frames
Replace worn out chain and sprockets on 2012 International dump trucks all season body~ (sand & salt spreader)
Mow DPW complex
Attend road grader training class
Push up winter sand deliveries
Mow detention pond (Wilderness Way)
Sign replacement/Repair
Vehicle repair/maintenance
Build chip box on unit 13 ( wood-chip containment)
Storm cleanup/ road closures
Clean gutters at T.O.B.
Install risers on Senior Center septic tank
New Business
Award Lease Agreement (Truck, Wood Chipper & SCBA Air Packs)
Business Manager Donna Latincsics was present. She stated that she went out to bid; sought 5 bids and received 3 and are as follows:
Donna suggested going with Signature Public Funding at 2.74%.
Selectman Kowalyshyn moved to award the 7 year lease in the amount of $214,000 for a new wood chipper, cab-body and snow plow, and self-contained breathing apparatus for WFD#1 to Signature Public Funding for 2/74%.
First Selectman Mailhos seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Adopt Resolution (Leasing Company)
First Selectman Mailhos moved to adopt the following resolution:
FORM OF RESOLUTION
Resolution of the governing body of the Town of Willington, CT, authorizing the Incurring of Lease Obligations in any amount Not to Exceed $ 214,000.00 To Be Evidenced By the execution and delivery of a SCHEDULE under the existing Master Equipment Lease-Purchase Agreement DATED AUGUST 20, 2015 with respect to the acquisition, purchase, financing, and leasing of certain equipment for the public benefit; authorizing the execution and delivery of documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution.
Whereas, the Town of Willington, CT (the “Lessee”), a body politic and corporate duly organized and existing as a political subdivision of the State of Connecticut, is authorized by the laws of the State of Connecticut to purchase, acquire, and lease personal property for the benefit of the Lessee and those it provides services to and to enter into contracts with respect thereto;
Whereas, the Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; including without limitation various public safety equipment such as a wood chipper, a 2018 cab-body and snow plow, self-contained breathing apparatus and all other equipment Lessee or its Designated Officers may deem necessary and/or desirable (the “Equipment”) in an amount not more than $ 214,000.00, and the Lessee hereby finds and determines that the realistic estimated useful life of the Equipment is at least seven (7) years.
Whereas, in order to acquire such Equipment, the Lessee proposes to enter into a Schedule under the existing Master Equipment Lease Purchase Agreement dated as of August 20, 2015 (together with the Equipment Schedule that will be dated at the time of signing the financing agreement and proceeds are disbursed and all related exhibits, schedules, and certificates attached thereto, the “Lease Agreement”) with Signature Public Funding Corp. (the “Lessor”) (collectively, the “Transaction Documents”), the forms of which have been presented to the Governing Body of the Lessee at this meeting;
Whereas, the Governing Body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Transaction Documents for the purchase, acquisition, and leasing of the Equipment to be therein described on the terms and conditions therein provided;
Now, Therefore, Be It Resolved and Enacted by the Governing Body of the Town of Willington, CT as follows:
Section~1. Approval of Documents. The Governing Body of the Lessee hereby approves the form, terms and provisions of the Transaction Documents in substantially the forms presented to this meeting and authorizes and directs Christina B. Mailhos, the First Selectman, and Donna Latincsics, the Business Manager, of the Town of Willington, CT, and such other persons as he/she/they may delegate (the “Designated Officers”), and each of them individually, for and in the name of and on behalf of the Lessee, to execute, attested, seal, and deliver the Transaction Documents, and any related Certificate, Exhibits, or other documents attached thereto substantially in such forms as presented herewith, together with such changes, modification, negotiations, insertions, revisions, corrections, or amendments as shall be approved by the officer executing them. The execution of the foregoing by a Designated Officer shall constitute conclusive evidence of such officer’s and the Governing Body’s approval of any such changes, insertions, revisions, corrections, negotiations, or amendments to the respective forms of agreements presented to this meeting.
Section~2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Transaction Documents to carry out, give effect to, and consummate the transactions contemplated thereby (including the execution and delivery of Certificates of Acceptance and Disbursement/Payment Requests, Notice and Acknowledgements of Assignments, and any tax certificate and agreement, each with respect to and as contemplated in the Agreement and/or Escrow Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Transaction Documents. The Designated Officers and all other officers and employees of the Lessee are hereby directed and authorized to take and shall take all action necessary or reasonably required in order to select, purchase, and take delivery of the Equipment. All actions heretofore taken by officers, employees, and agents of the Lessee that are in conformity with the purposes and intent of this resolution are hereby approved, confirmed, and ratified.
Section~3. No General Liability. Nothing contained in this Resolution, the Transaction Documents, nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Transaction Documents, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, as provided therein.
Section~4. Appointment of Authorized Lessee Representatives. The Designated Officers are each hereby designated to act as authorized representatives of the Lessee for purposes of the Transaction Documents until such time as the Governing Body of the Lessee shall designate any other or different authorized representative for purposes of the Transaction Documents.
Section~5. Severability. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution.
Section~6. Repealer.~~All bylaws, orders, and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution, or ordinance or part thereof.
Section~7. Qualified Tax Exempt Obligations. The Lessee, and its Governing Body, designate its obligations under the Lease Agreements as “qualified tax exempt obligations” as defined in and for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
Section 8. Effective Date.~~This Resolution shall be effective immediately upon its approval and adoption.
The foregoing Resolution was duly passed and adopted at a meeting of the Board of Selectmen (the “Governing Body”) of Town of Willington, CT held on November 6, 2017, by the following vote: AYES:3 NOES: 0 ABSENT: 0 ABSTAIN:0
________________________________________
Presiding Officer: Christina B. Mailhos First Selectman
Attest:
By:
Name: Donna J. Hardie
Title: Town Clerk
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Create Town Clerk Hiring Committee
First Selectman Mailhos stated that we had talked about this at the last meeting. The three Selectmen on this board have stated that we are willing to serve on the board and are hopeful that the new three incoming Selectmen will be willing as well. In addition, our Town Clerk, Donna Hardie will also be involved with Karen Troiano, (Stafford’s Town Clerk) and Sheila Bailey, (Tolland’s Town Clerk) who also said they would be willing to serve.
First Selectman Mailhos moved to create a Town Clerk Hiring Committee comprised of the following people:
Incoming First Selectman (to be determined on 1/7/17)
Incoming Selectman (to be determined on 11/7/17)
Incoming Selectman (to be determined on 11/7/17)
Outgoing First Selectman Christina Mailhos
Outgoing Selectman Kim Kowalyshyn
Outgoing Selectman John Blessington (if re-elected, will be one less incoming second Selectman)
Karen Troiano, Stafford Town Clerk
Sheila Bailey, Tolland Town Clerk.
Selectman Kowalyshyn seconded the motion.
First Selectman Mailhos stated that she sent a letter to the incoming Selectmen to inform them this is happening and she has not heard that they do not want to be involved. The letter also states if they do not wish to have the current Selectmen on the panel, they can opt to eliminate us from the board.
Selectman Kowalyshyn said that Sheila, Tolland’s Town Clerk stated that the advertisement should have listed a salary range and people won’t even look at it since there is no information out there.
Randy Belair asked what benefits are associated with the position? First Selectman Mailhos said right now the Town Clerk is considered part time – 30 hours per week, however the current Town Clerk is an elected official (not an employee). The appointed position (which is what it is going to be in January) is based on 30 hours per week. The hiring committee can decide to change it to be 35 hours which is the threshold for full-time benefits. First Selectman Mailhos noted that the Stafford Town Clerk also mentioned that she was surprised that the position is considered part time because of the workload. First Selectman Mailhos noted that she would have to discuss that further with the Board of Finance, because the benefits could substantially change what was originally budgeted. She then added that the person might decide to waive the insurance, and it won’t matter at all. We can’t make hiring decisions based on this.
First Selectman Mailhos noted the closing date for applications is Thursday. She will make copies of the application packets and have them ready for the committee to review.
Tax Refund
First Selectman Mailhos moved to refund $169.38 to Gary Wagner, 123 Polster Road; 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 $52.05 to Linda Miner, Navratil Road on a certificate of correction.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Eversource Rate Increase (there will be opportunity for public comment at a future date)
First Selectman Mailhos said we received this letter last week, and also got a phone call to inform us the letter was coming. By law, the company has to notify us if they plan to change their rates. They also must hold a public hearing as well. The information has also been on the news of late.
First Selectman Mailhos noted that it is unfortunate timing after what happened last week and their lack of response to assist after last weeks’ storm.
The proposed increase will take effect on May 21, 2018 and will increase by 6.79%, and the following year will increase by 1.1% and.88% on the third year. It could end up to be an additional $100 per year per household. Selectman Kowalyshyn said she is thankful she has solar panels.
The document is available to review in the Selectmen’s office.
Robin Campbell noted that the pole on Village Hill is still snapped with wires attached to it (from last weekend’s storm). First Selectman Mailhos said that she felt the response from Eversource was different this year as in year’s past.
Willington’s Emergency Management Director, Stuart Cobb agreed stating that the communication was not as good as in years past. For example, a tree crew sat on Village Hill for 4 hours waiting for Eversource to cut the power for the tree crew to be able to clear the tree that was blocking the road. After 4 hours, Asplundh (tree company) left to go to another site. The road remained closed until Thursday. First Selectman Mailhos said it seemed like a big mess and this year we did not have a liaison as we have in year’s past. She noted a few years ago, we were able to communicate and give input of priority in town to our liaison and we would be able to see where the crews were working and being dispatched to. This was not the case this year. Mr. Cobb added that we did not even have the State EOC (Emergency Operations Center) open for us to communicate with.
Selectman Kowalyshyn said this storm wasn’t as bad as storms were a few years ago. It is most likely because of all of the trimming they have done over the years, there weren’t as many power outages this time. Stuart Cobb clarified that the broken pole on Village Hill services ½ of the town (down Schofield Road all the way to Hall School) and the main power stayed on and intact even though the pole was broken. First Selectman Mailhos noted that is probably why there was such a lack in response, because only one home was affected.
First Selectman Mailhos thanked our emergency crews, Mr. Cobb and the Public Works’ Department for their work during storm clean up.
Old Business
Crumbling Foundation Update
First Selectman Mailhos said the money approved ($20 million each year) in the State budget will be put into a captive insurance company which will be created with 5 specific positions made up of the leadership of both caucauses in both houses and someone from the Executive Branch and they will appoint boards members who will serve on a committee who will oversee how the money is spent (who is going to get funding, etc). For example, there are two spots for municipal leaders of affected towns and two spots for homeowners to serve on the board among others. There is opportunity for people to get involved.
In addition, the Department of Housing is creating a position, called a “victims advocate” who will help residents get through the process and deal with any issues that arise. First Selectman Mailhos noted that it is a long process, and it is going to take time to get the ball rolling. At some point (perhaps a year or two from now) it is going to bottleneck with the people who are added to the list.
Randy Belair said funding is available to assist those who want to do the core sample testing. Once they test, they will be added to the list and get in line to receive funding assistance. He added the money is coming and they will hopefully fix the homes that are on the list with the more extensive damages.
Budget Update
First Selectman Mailhos asked Business Manager Donna Latincsics to recap the budget.
Donna presented a hand out of the budget summary to the Selectmen; noting the proposed budget from February compared to the budget that was just signed by the Governor. The difference in revenues falls short of about $165,000 (less than proposed in February).
We are showing a slight shortfall in PILOT and MRSA funding, but are receiving a little more in ECS than last year.
We will be spending less money on the expenditure side of the budget because we will not be spending the $613,000 to the Teacher’s Retirement. Donna added that we will likely at the end of the year will have an operating surplus and will have received more revenue than spent at the end of the fiscal year.
Selectman Blessington asked if we had not done the tax increase that we did this year, would the expectation that we would need that tax increase to cover the money we would not be getting from the state?
Donna said correct – the increase was in two parts; we thought we would have a huge expense of the teacher’s retirement benefits and we thought we might not get all of the revenue we had originally budgeted for.
Selectman Blessington asked how much did we collect in excess taxes that we otherwise did not have to?
Donna said it all depends on how much you want to take from the applied fund balance. If you want to take $460,000 out of the fund balance now – we then over collected and that is a way to look at it, but she added that it is not a bad thing that we put it in the fund balance instead. She noted that our fund balance policy is to have 8% - 12% in there. We are currently at 10% and will be at 12% at the end of the fiscal year. She then noted if we took the projected $460,000 out to cover the teacher retirement funding, as anticipated, we would have brought it down to 8%. We will have a healthy fund balance at the end of the year.
First Selectman Mailhos asked Selectman Blessington if he is suggesting we should send out refunds? Selectman Blessington said it wouldn’t be a bad idea as he is afraid the money will be spent somehow. Donna warned that you will need an appropriation to spend it.
Donna reiterated that it is good to look at it as having a healthy fund balance.
Good & Welfare
This coming Saturday, the Senior Complex will have a dedication ceremony for the Veteran’s Memorial. Many dignitaries will speak, including Lt. Governor Wyman, Senator Guglielmo and Rep. Belsito (to name a few) will speak at the ceremony. Valerie Rogers will sing at the event and First Selectman Mailhos will also speak, which will be her last speech.
First Selectman Mailhos thanked Chronicle reporter, Claire Donovan who was in attendance for all of the stories she has been writing for the Chronicle about Willington. She recently wrote an article about the recently adopted Adult Oriented Business Ordinance. Ms. Donovan said a story about the Transfer Station fees is forthcoming.
First Selectman Mailhos reminded everyone to get out and vote tomorrow.
Selectman Kowalyshyn extended condolences to the family of Gillis Gregoire who recently passed away last Tuesday.
Erika Wiecenski asked if there will be a tree lighting event this year. Robert Shabot (President of the Willington Historical Society) stated that the event will be on Friday, December 1st at 7PM and is still in the planning stages.
Discussion was held on what type of lights will be put on the new tree.
Selectman Kowalyshyn stated that she wanted to clarify information that was misrepresented at the last town meeting regarding mattresses.~ A resident had noted that the town charges $10 to dispose of mattresses and the fee is revenue coming in to the town.~~ Selectman Kowalyshyn stated that she asked the Public Works’ Director, who clarified that the town actually pays $12 per mattress that is disposed of; and the $10 fee helps offset the costs.~~ She added that she felt the need to clarify further because she feels as though some residents think we are trying to make money off of them, which is not the case.~ Robin Campbell stated that the Town of Ashford has a mattress recycling bin, which is free to their residents.~ A resident had come in a few months ago and asked her to look into it for Willington.~~ In order to run such an operation, we’d need an extra operator to clean and stack the mattresses.~ In addition, that operator would need the proper vaccinations which are an additional cost.~ Selectman Kowalyshyn added that she just wanted to get the facts out to the residents.~
Selectman Kowalyshyn moved to adjourn the meeting at 7:28 P.M.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
Administrative Assistant