BOARD OF SELECTMEN
REGULAR MEETING MINUTES APRIL 2, 2001
TOWN OFFICE BUILDING 6:30 P.M.
First Selectman Patton called the meeting to order at 6:30 P.M. with the following in attendance:
Selectmen Ennis & Knight, M. Bilodeau, S. Cobb, L. Dion, D. Hardie, P. Latincsics,
J. & S. Lewis, A., J. & J. Prusak, G. St. Louis, D. & R. Tulis and reporter from Chronicle.
APPROVAL OF MINUTES
SELECTMAN ENNIS MOVED TO APPROVE THE MINUTES OF 3/19/01.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
SELECTMAN KNIGHT MOVED TO APPROVE THE MINUTES OF 3/26/01.
First Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 1 NO (ENNIS)
Selectman Ennis commented that he will file an appeal with F.O.I. to have the meeting nullified.
PRESENT TO SPEAK – No one.
CORRESPONDENCE
A report of correspondence was available at the meeting and in the Selectmen’s office.
SAFETY COMMITTEE
First Selectman Patton commented that we need volunteers for this committee. Selectman Knight
volunteered to be on it. Wes Beebe will be on it for Public Works, we need someone from the
Town Office Building and the schools. This committee goes through all Town buildings to keep up on safety.
TOWN TRANSPORTATION
First Selectman Patton commented that when we withdrew the application for a van we talked about putting together a committee for this. He asked the other Board members for names of people interested in being on this committee, he has some people that are interested. First Selectman Patton will put a charge together for the next meeting.
HISTORIC DOCUMENTS PRESERVATION GRANT
Donna Hardie, Town Clerk, explained that $3.00 is collected for recording, $2 goes to the State Library and $1 to the Town. The $2 accumulates for the Towns and the State Library is offering $2,500 to small municipalities for preservation of documents. Donna commented that she would like to use the money for the old linen maps. Selectman Ennis asked if the total cost to do that was $3,437.50 and Donna said yes, she has funding to add to the grant money to complete this.
REGULAR MEETING MINUTES -2- APRIL 2, 2001
FIRST SELECTMAN PATTON MOVED THAT THE BOARD OF SELECTMEN APPROVE THE FOLLOWING RESOLUTION: RESOLVED: THAT JOHN PATTON, FIRST SELECTMAN, IS EMPOWERED TO EXECUTE AND DELIVER IN THE NAME OF AND ON BEHALF OF THE TOWN OF WILLINGTON, AN APPLICATION AND CONTRACT WITH THE STATE LIBRARY FOR AN HISTORIC PRESERVATION GRANT.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO ADD APPOINTMENTS TO THE AGENDA.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
PUBLIC WORKS
First Selectman Patton commented that Public Works is cleaning up the Green and working on the Youngerman property. They are sweeping and mowing and getting work done before springtime.
TAX REFUND
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $87.89 TO PATRICK
LE TOURNEAU.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
PETITION
First Selectman Patton commented that a new petition has been submitted. He read the petition, which is “to decide, pursuant to Connecticut General Statutes, Title 8, chapter 124, section 8.2, whether to exempt 40 Old Farms Road from the Willington Zoning regulations and lease school bus parking space there rather than at the Town gravel pit.”
SELECTMAN ENNIS MOVED THAT THE BOARD OF SELECTMEN SET A DATE FOR TOWN MEETING, PURSUANT TO THIS PETITION AND THAT IT BE WITHIN 21 DAYS.
Selectman Knight seconded the motion.
Jeff Prusak asked for a review of the situation. First Selectman commented that last spring the Town of Mansfield changed bus vendors and told Laidlaw they could not use the garage. Willington kept Laidlaw and looked at various sites for parking, including Public Works and the Youngerman property. In September we voted to park the buses temporarily at the Town Office Building. In October we voted for the Youngerman property as the site. We are going through the steps now to get a special permit for the Youngerman property. This petition asks to exempt the Town Office Building. First Selectman Patton explained that bus parking is not allowed here, PZC allowed this on a temporary basis. Allison Prusak asked if it is exempted now, will it always be exempt and was told yes.
Selectman Ennis commented that you must submit a plan to PZC and it must go to Town Meeting. PZC can say no or Town Meeting can over rule. Ralph Tulis explained that PZC only reviews the use. First Selectman Patton explained that the Town would not have to follow the zoning regulations. Discussion followed on what the CGS means, whether the whole municipality is exempt, or whether you can exempt one piece. Selectman Ennis commented that he believes you can exempt one piece. First Selectman Patton commented that there are few municipalities that exempt themselves.
REGULAR MEETING MINUTES -3- APRIL 2, 2001
If you exempt one lot you can overwhelm that lot, his reading is that you cannot exempt one lot, it is all or nothing. You would have the ability to create spot unzoning. Mark Bilodeau asked if the T.O.B was in compliance with zoning regulations and was told the buses are in violation. Selectman Ennis commented that he asked for all uses of the T.O.B and Public Works and has not gotten them yet. He received some minutes but he has not seen a special permit yet. The Senior Center is okay and he saw an application for the Transfer Station renewal, some things were allowed before 1996. The 1996 regulations say only one principal use. Some require special permits and he doubts that we have them but it is hard to prove a negative. Selectman Ennis commented that it is disingenuous
to get sanctimonious about the Town following the regulations when he doesn’t think the Town does already. He believes we would be subjected to more scrutiny then in the past. Lee Dion commented that the 1996 regulations say that anything that existed prior to 1996 was grandfathered in. Selectman Ennis commented that we have a petition with 47 signatures, it is not frivolously, illegal or improper so the Board is compelled to call a Town Meeting. Gay St. Louis asked if anyone thought about where the employees will park, the parking lot will be full in July. Selectman Ennis commented that the buses will not be here then. Mark Bilodeau commented that they would be here, there is no room for them in Stafford but Chris Deskus signed the petition and he agreed you could move back to his property. Gay asked if this was in writing and if it goes to Town Meeting and is not approved can there be another petition, how long can this go on?
Selectman Ennis commented that the zoning regulations say we need 70 spots, if you push back into the neighbor’s property we can do it. Jack Lewis commented that he will fight anything that will exempt the government from being restricted by the same restrictions that everyone else in Town is restricted by. Jack Prusak commented that as he understands it, you can exempt the entire municipality, not just one piece. Selectman Knight commented that we have a petition to go to Town Meeting, he is still up in the air whether we go with exempt municipal property period or go along with the exact wording of the petition, the statute reads property, it does not say what property is. While he does not feel it is entirely proper to exempt piece by piece, if that’s the way we are going to do it, it wouldn’t be the first thing that has gone wrong. There is no guarantee that the buses will be parked here. The contract is between the Board of
Education and the bus company; the day-to-day administration of the contract does not reside with the Board of Selectmen. Peter Latincsics ask if the Board of Selectmen is unsuccessful in securing any site then Laidlaw would have to house the buses in Stafford to fulfill their contract with the Board of Education. Selectman Knight commented that what they would do at that time would be up to them. Mark Bilodeau commented that the Board of Education voted on the Youngerman property. Deb Tulis commented that she is on the Board of Education and although no one has been appointed to speak for the BOE, she would like to explain what happened. There was some pressure to have the BOE vote to reject the Youngerman property; several members were not comfortable doing that given the legal issues with the contract. Based on that the Board voted to not support the Youngerman site at this time. It was a conditional vote, the Board has not voted to
approve or disapprove it. Gay St. Louis asked if we got a legal opinion on the petition. First Selectman Patton commented that we could. Selectman Ennis commented that Bush & Gore got legal opinions regarding Florida. Deb Tulis commented that since we had a Town Meeting and it rejected the question; by rejecting it, it reaffirmed the Board of Selectmen’s decision to go with the Youngerman property, isn’t this a double direction. First Selectman Patton commented that it is the same question. Ralph Tulis commented that we voted on this on February 26th. He will fight this. Selectman Knight commented that most other towns have recognized the weakness of the system and have enacted some sort of charter to delineated powers or responsibilities, we do not have one. All the power resides with the Selectmen, Board of Education or Town Meeting. If you have a group that loses and collects enough signatures and
rewords things you can go and do it. It is a weakness of the system. In the past there has been a gentlemen’s agreement or some sort of agreement, unspoken, if you lose, you lose, you go on from there. Apparently we are not doing that anymore.
REGULAR MEETING MINUTES -4- APRIL 2, 2001
There is no perfect place for the buses. Selectman Ennis commented that he got into this for the safety of the drivers. Peter Latincsics commented that he is sure the Board will agree that the townspeople can seek their legislative remedy and ask for a Town Meeting even a redundant one. Jack Lewis commented that the question has been to Town Meeting and has been decided; now you want to throw that decision aside. Selectman Ennis commented that state statute says one Town Meeting can rescind the vote of another Town Meeting, you would probably not have a third. When it was defeated the first time it was defeated on the fact that this spot could not meet the regulations. This is to exempt the T.O.B from the regulations. We have the softball field here; we have found that we could do
that. Give this a chance. Lee Dion commented that a statement was made that it would be tight, how tight is that and what about population growth and expansion? Selectman Knight commented that we are losing population; we might need one more bus. Deb Tulis commented that Region 19 may change hours and that would mean we would need more buses. Ralph Tulis commented that he would like to clarify that what he opposes is exempting one parcel from the regulations, he believes the legislatures meant all or nothing. If the Town has zoning regulations it must apply to everyone, if you want to get rid of zoning, go ahead. He can’t support selective spot unzoning. That statute was passed in 1963 because towns were not sure if municipalities had to comply with zoning. Mark Bilodeau asked if before this goes to Town Meeting and chaos is caused, is there any way possible that we can find an alternate site for Route 320N?
Selectman Knight commented that 320N is a safe road. Mr. Bilodeau commented that it is the most dangerous road in town; we need to find some place safe. Selectman Knight commented that we have the buses going into Public Works to refuel. First Selectman Patton commented that he would like to make a friendly suggestion to change to exempt all municipal property from the zoning regulations. Selectman Knight commented that he didn’t think so. Allison Prusak asked how many towns exempt only one spot. Selectman Ennis commented that he would rather err on the side of the Town Meeting. Discussion followed on how the call for the Town Meeting should read.
SELECTMAN KNIGHT MOVED TO ADD AN AMENDMENT THAT THE TOWN MEETING BE MONDAY, APRIL 23, 2001 AT 8:00 P.M.
First Selectman Patton seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
SELECTMAN ENNIS MOVED THAT THE BOARD OF SELECTMEN HOLD A TOWN MEETING ON MONDAY, APRIL 23, 2001 AT 8:00 P.M. TO DECIDE, PURSUANT TO CONNECTICUT GENERAL STATUTES, SECTION 8-2, WHETHER TO EXEMPT 40 OLD FARMS ROAD FROM THE WILLINGTON ZONING REGULATIONS AND PROPOSE TO THE PLANNING AND ZONING COMMISSION TO LEASE THE SCHOOL BUS PARKING THERE RATHER THAN AT THE YOUNGERMAN PROPERTY.
Selectman Knight seconded the motion.
VOTE: 2 YES (ENNIS & KNIGHT) 1 NO (PATTON)
First Selectman Patton commented that he thinks it is an illegal petition, he does not think you can exempt this piece and we have answered that question.
APPOINTMENTS
First Selectman Patton commented that we need to appoint a representative and an alternate member to the Eastern Highlands Health District, he volunteered to be the representative and we will look for an alternate.
REGULAR MEETING MINUTES -5- APRIL 2, 2001
FIRST SELECTMAN PATTON MOVED TO APPOINT JOHN PATTON AS THE REPRESENTATIVE TO THE EASTERN HIGHLANDS HEALTH DISTRICT.
Selectman Ennis seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
SELECTMAN ENNIS MOVED TO ADD, FOR THE PURPOSE OF AFFIRMING THE VOTES TAKEN AT THE MARCH 26, 2001 MEETING, IN THE EVENT HE FILES A CLAIM WITH F.O.I.; BUDGET, C.I.P. & VILLAGE HILL BRIDGE CONTRACT TO THE AGENDA.
Selectman Knight seconded the motion.
Selectman Ennis commented that it is in the interest of the Town not to have the votes nullified. Selectman Knight asked why would they be nullified? Selectman Ennis commented that he is appealing; the meeting was held without proper notice. Selectman Knight responded that you voted to hold the meeting and Selectman Ennis commented that he cancelled the meeting. First Selectman Patton commented that you cannot cancel a meeting, you are a member of the board, not the board, you do not have the authority. Selectman Ennis commented that neither do you. Selectman Knight commented that no one member can cancel the meeting.
VOTE: 1 YES (ENNIS) 2 NO (PATTON & KNIGHT) MOTION FAILS.
GOOD & WELFARE
Selectman Knight commented that he received e-mail from Selectman Ennis and the answer is yes it was potential.
SELECTMAN ENNIS MOVED TO ADJOURN THE MEETING AT 8:00 P.M.
Selectman Knight seconded the motion.
VOTE: 3 YES (PATTON, ENNIS & KNIGHT) 0 NO
Respectfully submitted,
Mary Bowen
Secretary
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