Board of Selectmen Minutes
Special Meeting Minutes
June 7, 2017
Town Office Building
5:00 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.
Present to Speak
Resident Kathy Demers stated that she would like to speak during the fracking waste discussion.
Resident Todd Bissionette stated that he would like to follow up on the request on enforcing a nuisance ordinance in town. He continues to have trouble with his neighbors and would like to see movement. First Selectman Mailhos stated that she has been looking into it; but it is not as simple as it seems. She then requested for Mr. Bissionette to send her the documentation (via email) and she will respond to him shortly. Mr. Bissionette stated that he actually did send her a video of the ruckus in his neighborhood over Memorial Day weekend; and added that the trooper that visited him said that the troopers are looking forward to being able to enforce this in the future.
Present GFOA (Government Finance Officers Association) Award to Fiscal Office
First Selectman Mailhos presented the Government Finance Officers Association Award to the Finance Office and Business Manager, Donna Latincsics & Treasurer Tish Ignatowicz were present to accept the award. First Selectman Mailhos stated that the award reads: “We are pleased to notify you that your 2016 fiscal year end comprehensive end financial report qualifies for Governmental Finance Officers Association certificate of achievement for excellence in financial reporting and it attainment represents a significant accomplishment ….”
First Selectman Mailhos noted that the Fiscal Office is familiar with this award, because they have been receiving it for years. Business Manager Donna Latincsics stated that this is the 16th year that they have received the award.
First Selectman Mailhos noted that our Finance Office consists of the Business Manager, Treasurer, 2 Account Associates and a Payroll Coordinator – that’s it. They manage millions of dollars coming in and going out each year – they do a great job – congratulations!
Appointments – Recreation Commission
First Selectman Mailhos moved to appoint Mike Iacampo as a regular member of the Willington Parks & Recreation Commission (filling a vacancy); effective June 7, 2017; expiring December 14, 2017.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos moved to appoint Rocco Petrella as a regular member of the Willington Parks & Recreation Commission (filling a vacancy) effective June 7, 2017; expiring December 14, 2019
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos noted that neither of the appointees were able to make the meeting, because they were attending baseball games that had been rained out yesterday. She feels that both gentlemen would be a good fit for the Commission because of their background with Little League and serving in various town sporting events in the past. She thanked them both for their willingness to serve on the Commission.
Call Town Meeting
First Selectman Mailhos read the call of the Town 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. Tuesday, June 20, 2017 at the Old Town Hall; 11 Common Road for the following purposes:
ITEM I
Should the Town of Willington adopt an ordinance to prohibit the storage disposal or use of fracking waste?
ITEM II
Shall the Town of Willington adopt a resolution that authorizes the Inland Wetlands & Watercourse Commission to regulate forest practices as pursuant to CGS Sec. 23-65k?
ITEM III (Public Hearing Item)
Presentation and discussion of a 2018 GMC truck for Public Works which will be funded by a lease. (No vote on this item)
ITEM IV (Public Hearing Item)
Presentation and discussion of a 15XP Brush Bandit~wood chipper for Public Works. which will be funded by a lease (No vote on this item)
ITEM V (Public Hearing Item)
Presentation and discussion of Self Contained Breathing Apparatus (SBCA) Air Pacs for Willington Fire Department #1 Inc. which will be funded by a lease. (No vote on this item)
Dated at Willington,
This 5th day of June, 2017
Willington Board of Selectmen
Selectman Kowalyshyn seconded the motion.
The Selectmen went over the items on the agenda.
ITEM I
Should the Town of Willington adopt an ordinance to prohibit the storage disposal or use of fracking waste?
Kathy Demers, who is a member of the Conservation Commission, stated that she had come to the Board in April asking them to consider adopting this ordinance as the State moratorium banning fracking waste ends on July 1st. There is no guarantee that it will be re-adopted.
The concern is that the toxins from fracking waste can enter our wells, aquifers, wetlands and waterways. Several other towns have already adopted (or are in the process of adopting) ordinances banning fracking waste; and the definitions in those ordinances are much stronger with their language than what the State is enforcing. For example, these ordinances cover all of the processes that fracking waste go through and the various waste that is generated. The State’s (House Bill 6329 is still waiting to be passed through the Senate. – they have until midnight tonight). Even if it does pass, the bill itself is weak; and does not cover all types of waste that could potentially enter the state. Ms. Demers added that she is appreciative of the Selectmen for bringing the Ordinance forward to Town Meeting.
Ms. Demers then stated that a public meeting was held back in May regarding the potential hazards of fracking waste. She then introduced Jennifer Siskind of Food & Water Watch; who led the presentation in May. Ms. Siskind spoke about the concerns of waste hazards and stated so far, 18 towns (mostly in Eastern Connecticut) have passed or are passing ordinances to ban fracking waste. So far, Ashford, Andover, Bloomfield, Branford, Coventry, Hampton, Hebron, Lebanon, Litchfield, Mansfield, Middletown, Windsor, Washington, Woodstock and Windham to name most. In addition, the Town of Pomfret will be voting on it tonight and it is expecting to pass successfully.
Ms. Siskind noted that it is prudent for Willington to pass an ordinance; as there are so many phases of fracking waste and then explained the process and the various stages and materials that come out of it She then gave an example of the state of Pennsylvania alone is producing over a billion gallons of liquid waste per year and hundreds of thousands of tons of solid waste as well. The current State moratorium only covers hydraulic fracturing waste – the language is very weak and will not cover everything that comes from that. She then added that in many cases, the solid waste is repurposed for construction material, and it contains radioactive materials. The State of Pennsylvania has since banned the repurposing of the material and will now be looking for other outlets.
First Selectman Mailhos asked Ms. Siskind if we end up passing the ordinance, how will we know if anyone is trying to bring waste in? Ms. Siskind clarified that there is a provision outlined in the ordinance for contractors who will perform maintenance or road work, which will have to sign off attesting that the material (whether it be fill, or road salt or example) is coming from other sources than fracking waste.
Selectman Blessington asked how many buildings have had to be shut down and people have been taken to the hospital or died in Pennsilvania over the past five years? He said he hasn’t seen anything in the newspapers that there are any problems. He then noted that he is sure that many materials contain toxins but we can also find others that are not toxic. There are currently so many regulations against this (Federal, State and Local) he feels this is overkill.
Selectman Blessington added that there many people out there who would love to put an end to fracking and this is the way to do it; to make it unprofitable or impossible.
He then said if 5 or 10 years down the road; when we find it is acceptable to use clean fracking waste – we won’t be able to because of this ordinance. Ms. Siskind clarified that it is not possible to remove radioactive radium from solid waste and it is a misconception that it can be used safely. She then added that the Marcellus shale has been known for decades to be the most radioactive shale deposit in the country and she will be happy to email to the Selectmen so they can see the process. She then added that over 750 studies have been performed showing the hazards of fracking waste and we know some of the chemicals (there are over 1100 used nationwide) – and those are only the ones that are reported. It has also been found that some of those materials can cause cancer and many cause developmental and reproductive problems. Other studies performed around the country have found pregnant women living near heavily-drilled areas have a higher percentage of delivering children with birth defects or premature births.
In addition, Columbia medical school performed a study of zip codes in three counties in Pennsylvania and found people being admitted to the hospital for cancer treatment and cardiac treatment or skin treatment at higher rates of those where there was little or no drilling. Lastly, Ms. Siskind added unless you haven’t studied fracking you haven’t come across this information.
Selectman Blessington said we will bring this to Town Meeting, but it is not likely that you will change my mind till then.
Resident Randy Belair asked how the waste is transported and why can’t we ban them from driving through the state? Ms. Siskind stated that they are transported via tanker trucks and container trucks and there is no way to ban transportation but what you can do is ban any industrial land from handling or using fracking waste residue as fill.
Peter Andersen, Chairman of the Conservation Commission stated that the Conservation Commission has sent a letter to the Selectmen, supporting the banning of fracking waste and adopting the ordinance.
Resident Stef Summers added that this town is virtually a 100% private well community and there is no monitoring at the state level around here and it would be hazardous for something like that to find its way into our ground water. In addition, the State DEEP is undergoing mergers and staff cuts; there will be no way to monitor this if it comes to the state. She then added that she read an article regarding fracking waste transport; where Connecticut was listed as being too far away to be cost effective to try to dump here; however Pennsylvania is already shipping their waste to Utah; and we are much closer. She added it is serious stuff and it would be a smart move to get the ordinance passed.
ITEM II
Shall the Town of Willington adopt a resolution that authorizes the Inland Wetlands & Watercourse Commission to regulate forest practices as pursuant to CGS Sec. 23-65k?
The IWWC Regulation of Forest Practices (Item II) was then discussed. There was no one available from IWWC to discuss further. Selectman Blessington stated that he doesn’t like this because it doesn’t say what the IWWC could do if it were passed as opposed to what they can do now. First Selectman Mailhos read the proposed ordinance, which was sent from Land Use Department by the Attorney. It reads as follows:
“Pursuant to Sec. 23-65k of the Connecticut General Statutes, be it hereby resolved that the Town of Willington authorizes the Willington Inland Wetlands and Watercourses Commission to adopt such regulations, consistent with any regulations which may be adopted by the Commissioner of Energy and Environmental Protection pursuant to Sec. 23-65j of the Connecticut General Statutes, as are necessary to protect the forest land within the Town of Willington, except for state-owned forest land managed by the Department of Energy and Environmental Protection.~ Further, pursuant to the above-referenced statutes, the Inland Wetlands and Watercourses Commission shall serve as the sole municipal agent for regulation of forest practices within the Town of Willington."
First Selectman Mailhos clarified that she believes all it means is when someone comes in for a forestry permit, it will be reviewed by IWWC first. Proper procedure is that it should be reviewed by them, but because there is no regulation currently in place, they want to correct it. Selectman Blessington said “you know how I feel about regulations….. we have too many.” First Selectman Mailhos clarified that we need to do what is right – should we just ignore it?
Selectman Blessington referenced the MS4 mess – we gave bureaucracy an opportunity to regulate how we manage our wastewater. Thanks to our First Selectman, we don’t have to spend hundreds of thousands to comply, but we still have to pay. First Selectman Mailhos clarified that we have already been doing a lot of the things as regulated by the permit, (such as cleaning catch basins and sweeping the roads) so we are not spending any different. She then added that the others are all good things for our residents.
Selectman Kowalyshyn said that she believes that this item should stay on the Town Meeting agenda, but is hopeful that someone from IWWC will be at the Town Meeting to educate people of what they will be voting for.
The last three public hearing items were mentioned but not discussed in detail other than the last item, the SCBA air pacs. Robin Campbell told WFD#1 Chief Moore (who was present) that we will need specs for the air pacs for that meeting. Chief Moore stated that they will have the specs, and in the meantime, the Department is seeking grant money to cover the cost of the air pacs; and if it comes to fruition, we will not have to lease them.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Selectman Blessington stated that he would like the minutes to reflect that he voted to bring it to Town Meeting but is not endorsing Items I and II.
Fire Hydrant Discussion
Selectman Kowalyshyn contacted CT Water asking them how often the flow tests are done, and they told her that they only perform a flow test if there is a problem or by request – it is not something they perform regularly.
The cost to run a flow test is $600 and it covers 3 hours of flow (we would have to pay). First Selectman Mailhos asked Chief Moore if there have been any problems. Chief Moore stated that there are different areas that flow slower than others and by the time they get to the last hydrant, it is slow; but they have never been given a “flow rate” to know if there is a problem or not. Selectman Kowalyshyn asked Chief Moore if the Department would be able to find $600 to cover the cost. Chief Moore said they would.
First Selectman Mailhos recommended having the Department do it now as we end the fiscal year.
Crumbling Foundation Update
First Selectman Mailhos stated that today is the last day of regular session and she found out about an hour ago that they are moving the foundation bill to Special Session (which is part of the budget) and there is no resolution as of yet.
Selectman Kowalyshyn added that she saw that the insurance companies are filing a dismissal against the class action lawsuit. First Selectman Mailhos noted that doesn’t necessarily mean that they will be.
One part of the bill is to have every quarry in the state that uses aggregate test for the presence of pyrrhotite.
First Selectman Mailhos noted that Town Leaders have been asking what will happen as of July 1st regarding this since there is currently no regulation in place to test for pyrrhotite and there is no assurance it won’t be used going forward.
The Hartford Courant ran a 4 part series article about the crumbling foundations last week and was very comprehensive. Selectman Kowalyshyn added it was nice that it brought the attention state wide.
Selectman Kowalyshyn moved to adjourn the meeting at 5:50 PM
First Selectman Mailhos seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
Administrative Assistant