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BOARD OF SELECTMEN
Town of Willington
BOARD OF SELECTMEN ° 40 OLD FARMS ROAD ° WILLINGTON, CONNECTICUT 06279 ° (860) 487-3100 ° FAX (860) 487-3103
                                                                                      www.willingtonct.org 



                                                                                      BOARD OF SELECTMEN



REGULAR MEETING                                                                                                           DEC. 3, 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 Eldredge & Lewis, W. Beebe, J. Blessington, D. Ennis, R. Hisey, P. Latincsics, R. Tulis and reporter from the Chronicle.

APPROVAL OF MINUTES
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 11/19/01.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

PRESENT TO SPEAK – No one.

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

CCM – PERODEAU V. HARTFORD
First Selectman Patton commented that we could ask CCM for more information on this.
SELECTMAN ELDREDGE MOVED TO REQUEST MORE INFORMATION ON PERODEAU V. HARTFORD.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

APPOINTMENTS
FIRST SELECTMAN PATTON MOVED TO APPOINT KATHLEEN DEMERS AS AN ALTERNATE MEMBER OF THE CONSERVATION COMMISSION, TERM EFFECTIVE 12/01/01 TO 12/01/04.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO REAPPOINT PETER ANDERSEN AS A REGULAR MEMBER OF THE CONSERVATION COMMISSION, TERM EFFECTIVE 12/01/01 TO 12/01/04.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO



REGULAR MEETING                                      -2-                                                                     DEC. 3, 2001

FIRST SELECTMAN PATTON MOVED TO MOVE PAUL PRIBULA FROM ALTERNATE MEMBER AND APPOINT HIM AS A REGULAR MEMBER OF THE CONSERVATION COMMISSION, TO FILL A VACANCY CREATED BY GARY GRIFFIN’S RESIGNATION, TERM EFFECTIVE 12/01/01 TO 12/01/04.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO REAPPOINT RICHARD MALONEY AS A REGULAR MEMBER OF THE ZONING BOARD OF APPEALS, TERM EFFECTIVE 12/31/01 TO 12/31/06.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO REAPPOINT ROBERT MANASKIE AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS, TERM EFFECTIVE 12/31/01 TO 12/31/06.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO MOVE LORI MASCIANDARO FROM ALTERNATE MEMBER AND APPOINT HER AS A REGULAR MEMBER OF THE HISTORIC DISTRICT COMMISSION, TERM EFFECTIVE IMMEDIATELY AND TO EXPIRE 1/01/04; AND TO MOVE THELMA KING FROM REGULAR MEMBER AND APPOINT HER AS AN ALTENATE MEMBER OF THE HISTORIC DISTRICT COMMISSION, TERM EFFECTIVE IMMEDIATELY AND TO EXPIRE 1/01/03.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO APPOINT PAUL SCHUR AS THE TOWN OF WILLINGTON’S ALTERNATE MEMBER OF THE EASTERN HIGHLANDS HEALTH DISTRICT.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

SELECTMEN’S 2002 MEETING SCHEDULE
SELECTMAN ELDREDGE MOVED TO APPROVE THE ATTACHED BOARD OF SELECTMEN’S 2002 MEETING SCHEDULE.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

2002 HOLIDAYS
FIRST SELECTMAN PATTON MOVED TO APPROVE THE ATTACHED LIST OF HOLIDAYS FOR THE YEAR 2002 THAT THE TOWN OFFICE BUILDING WILL BE CLOSED.           
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO




REGULAR MEETING                                      -3-                                                                     DEC. 3, 2001

TAX REFUNDS
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $40.02 TO DESMOND OR BRIDGETTE VOGELSANG.                                                
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $264.72 TO KAREN M. WOLFRAM.                                                             
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

PUBLIC WORKS
Wes Beebe commented that the trees are down on Mason Road; the drainage will begin on Tuesday.  
J. Blessington commented that the crew is doing a great job and to keep up the good work.  Wes commented that they still need to get one truck ready for plowing.  First Selectman Patton commented that there are new subdivisions in Town so we are adding another truck for plowing, some runs will be shortened.  A tree on Parker Road was taken down.  First Selectman Patton commented that we received a petition about the sight line at Fisher Hill Road & Rt. 32.  Karl Acimovic looked at it and said the line of sight is 150’ and that doesn’t cut it.  He will figure out what we need to do.  The State will not do anything; they consider their line of sight okay.  Karl is also working on the drainage for Burt Latham Rd. and Moose Meadow Rd.  Work is also needed on Burma Rd.  Wes commented that Burma Rd. will be a joint effort with the Town of Ashford.

FIRST SELECTMAN PATTON MOVED TO ADD LABOR ATTORNEY’S OPINION TO THE AGENDA.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO
First Selectman Patton asked Selectman Eldredge if he had a copy of the Labor Attorney's letter and was told yes.  Selectman Lewis commented that the reason the attorney was asked for an opinion was because the Town Clerk was being asked what Selectman Eldredge was going to do.  The Town Clerk called the Secretary of State's office and was told that we needed to get our attorney's opinion.  First Selectman Patton commented that he thought the opinion letter was fairly clear that you cannot serve in both positions.  Selectman Eldredge commented that he does not feel that he is in violation of State law, the attorney was not clear.  There is nothing to stop me from serving, there is nothing I can do to generate conflict of interest, I am here to serve on the Board, not defend myself against the attorney.  J. Blessington, chairman of the Republican Town Committee, commented that there is common law precedence that would say it is legal; other towns have had similar situations, Franklin for one.  If this goes to court it could get to be a long drawn out expensive case.  Case law is not that solid, we don't know who would win.  No one is questioning Mike's ethics, he would ask the Board to say that we are aware of it and drop it.  D. Ennis commented that the statute that speaks to this, said the problem is when supervision is direct.  It does not apply to a town that has not adopted this.  A legal opinion is not a ruling.  It would be inappropriate for this Board to push this issue because no one is immune from allegations that they are violating the law or common ethics.  P. Latincsics commented that he had some questions, were all candidates reviewed for conflicts or government involvement?  What is the next action the Board will take on this opinion.  Selectman Lewis commented that he checked into the law as far as he was concerned.  The Post Office attorney ruled that the Hatch Act does not apply to substitute mail carriers or~per diem personnel.  D. Ennis commented~that the attorney they talked to said that common law prohibits Mike from serving in both positions but that Dave argued with their attorney that when common law runs contrary to the statute, the pendulum can swing the other way.  First Selectman Patton asked if they got a written opinion and was told no.  
REGULAR MEETING                                      -4-                                                                    DEC. 3, 2001

R. Hisey commented that he thought the Secretary of State would have ruled on this.  R. Tulis commented that the Secretary of State has no authority to rue on this matter; her duty is to see that the election is administered properly.  Selectman Eldredge commented that we can look at different things, all 3 of us were elected to office, are we going to look at every little law?  All 3 were elected by this town; this is what the people want.  I do not think we should be looking to have anyone resign.  If we can work together I think we should, we all have enough integrity to do that.  Selectman Lewis commented that he sees potential problems.  We could be in violation of Freedom of Information by talking to Mike as an employee.  Also if we have an important vote before us, it could eventually be called illegal.  We need to clear this up now before anything serious happens.  P. Latincsics commented that Mike said he would recuse himself from voting when there are conflicts.  First Selectman Patton commented that there is a policy from the State that they put into law that says people cannot serve on a Board that is responsible for their direct supervision.  There is potential conflict.  A school employee cannot serve on the Board of Education.  The Office of Legislative Research did an analysis on~a bill introduced to change the current law and OLR states that current law 7-421~bans all municipal employees from serving on boards that supervises them.   D. Ennis commented that before that analysis was made the proponent of the bill was asked if that applied and he said it only applied to towns that adopted it.   First Selectman Patton read the law concerning banning all municipal employees from serving on boards that supervises them.  J. Blesssington commented that if we go to court it would be a long fight.  We checked with the Republican State Central, as far as their interpretation, he is not~allowed to serve on the Board of Finance, Planning and Zoning and Wetlands.  First Selectman Patton commented that then we agree that this law applies.  J. Blessington commented we do not think it is direct supervision.  Selectman Eldredge commented that if you want to make it clean, we can put the Transfer Station under Public Works.  Selectman Lewis commented that you would be putting Wes in a bad situation if he disagrees with you.  He is your boss but you are his boss.  Selectman Eldredge commented that if he is my direct supervisor daily then it is not the Board.  How far are we going to go?  Selectman Eldredge asked First Selectman Patton if he consulted the town attorney about his dual employment?  Selectman Lewis commented that he would like to pursue it a little further with the attorney.  He is afraid that something could be put aside.  He does not want this to go on for a long time, in the past 2 years we went through a lot of petty stuff.  P. Latincsics commented that he is concerned that Mike Eldredge has said he will recuse himself and we would seek an outside attorney.  The townspeople voted for this Board, they are our legislative body; we should resolve this in town.  First Selectman Patton commented that there are a couple of serious issues, we could be charged with having an illegally constituted Board.  There is the F.O.I. issue, we could be in violation of that if we talk to Mike as an employee.  First Selectman Patton commented that he~is not smart enough to~know which laws he is supposed to follow and which he is not~supposed to follow.  Selectman Lewis commented that we need to know the answer.  Selectman Eldredge commented lets go get the right answer.  R. Tulis commented that you should get a legal opinion to put this to bed.  Can all 3 of you agree to the questions and facts to ask, to see if it can work?  There may be some way to rearrange things to make it work, you will not know until you ask the questions.  P. Latincsics asked how the Board is preceding now, what action are you taking?  Selectman Lewis commented that it should be followed through as to what the recommendation of our attorney is and ask is it possible to make it work and not have problems later on.  We need to know.  R. Tulis commented that all 3 of you should sign the letter.  Selectman Eldredge commented that everything should be put in one letter.  D. Ennis commented that you should ask about you working for a vendor.  First Selectman Patton commented that we agree will send a letter to the attorney.  He will draft a letter and give it to each of the Board members for their comments.   
 
GOOD & WELFARE
First Selectman Patton commented that we need to have a staff meeting.  Thurs. December 13, 2001 at 8:30 A.M. was set for the staff meeting.

REGULAR MEETING                                      -5-                                                                    DEC. 3, 2001

SELECTMAN LEWIS MOVED TO ADJOURN THE MEETING AT 7:50 P.M.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO
Respectfully submitted
Mary Bowen
Mary Bowen
Secretary
BOARD OF SELECTMEN MEETING SCHEDULE - 2002
1ST & 3RD MONDAY (EXCEPT HOLIDAYS)  6:30 P.M.
TOWN OFFICE BUILDING
                                                       
JAN.   7, 2002                                                  JULY  1, 2002                                                                         
JAN. 22, 2002 (TUES.)                                           JULY 15, 2002                                                                                         
FEB.   4, 2002                                                          AUG.   5, 2002
FEB. 19, 2002 (TUES.)                                           AUG. 19, 2002

MAR.  4, 2002                                                   SEPT.  3, 2002 (TUES.)
MAR. 18, 2002                                                   SEPT. 16, 2002

APR.  1, 2002                                                                           OCT.   7, 2002
APR. 15, 2002                                                           OCT. 21, 2002

MAY    6, 2002                                                          NOV.   4, 2002
MAY  20, 2002                                                   NOV. 18, 2002

JUNE   3, 2002                                                  DEC.   2, 2002
JUNE 17, 2002                                                   DEC. 16, 2002

JAN.  6, 2003
 THE TOWN OFFICE BUILDING WILL BE CLOSED IN OBSERVANCE OF THE FOLLOWING HOLIDAYS FOR THE YEAR 2002

NEW YEAR’S DAY                                                  JANUARY 1, 2002
MARTIN LUTHER KING, JR. DAY                             JANUARY 21, 2002
PRESIDENTS’ DAY                                                 FEBRUARY 18, 2002
GOOD FRIDAY                                                                             MARCH 29, 2002
MEMORIAL DAY                                                                            MAY 27, 2002
INDEPENDENCE DAY                                                                        JULY 4, 2002
LABOR DAY                                                       SEPTEMBER 2, 2002       
COLUMBUS DAY                                                                            OCTOBER 14, 2002
VETERAN’S DAY                                                                          NOVEMBER 11, 2002
THANKSGIVING DAY                                                                NOVEMBER 28, 2002
DAY AFTER THANKSGIVING                                                          NOVEMBER 29, 2002
CHRISTMAS DAY                                                                   DECEMBER 25, 2002