Town of Willington
BOARD OF SELECTMEN ° 40 OLD FARMS ROAD ° WILLINGTON, CONNECTICUT 06279 ° (860) 487-3100 ° FAX (860) 487-3103
BOARD OF SELECTMEN
REGULAR MEETING JAN 7, 2002
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, M. Bilodeau, J. Blessington, A. Bruder, S. Chapman, G. Debski, T. Demers,
D. Ennis, R. Furman, D. Hardie, B. Jenkins, H. Klei, W. Knight, P. Latincsics, S. Lewis, B. & K. Lisiewski,
E. & J. Sullivan, R. Tulis, B. Wiecenski, other members of the public and the reporter from the Chronicle.
APPROVAL OF MINUTES
SELECTMAN ELDREDGE MOVED TO APPROVE THE MINUTES OF 12/17/01.
Selectman Lewis seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
PRESENT TO SPEAK
J. Blessington commented that he was here to speak about Selectman Eldredge’s position and that the Republican Party did not want to spend money from their treasury to get a legal opinion. The feeling that they got from the attorney was that it could cost a lot but could be favorable. We do not need to do anything but hoped to get a resolution to let the matter go. Mr. Blessington asked if the Board of Selectmen would be willing to pay for the Republican Party to get an opinion using Town funds? First Selectman Patton commented that speaking for himself, no. Selectman Lewis commented that the Republican Party is a private institution. Mr. Blessington asked First Selectman Patton for a copy of the letter he wrote to the Town Attorney and was told he talked to the attorney on the phone. Mr. Blessington commented that the letter from the attorney refers to the legislative history of Public Act No. 90-123 that you provided them. First Selectman Patton commented that they said
they would have to research it and I said I have it and sent it to them. Mr. Blesssington commented that he understands that the Town Clerk called the Secretary of State and the Secretary of State said to call your Town attorney. Discussion followed about violation of F.O.I. laws, with Mr. Eldredge as a Selectman, the Transfer Station Operator and Recreation Director. He is both employee and as Selectman supervisor of the employee. First Selectman Patton wrote a memo to the Board that in order to alleviate supervision restraints imposed by the FOI act, he suggested the following changes in reporting, subject to final ratification by the Board: Transfer Station employees will report to Wes Beebe, Public Works Supervisor and the Recreation Department will be moved under Mary Bowen until a Recreation Commission can be reconstituted. First Selectman Patton commented that people take you to F.O.I. for strange things and it can be a waste of time. He
feels he must protect the Town and himself as best he can. D. Ennis commented that he thinks it is a violation of state statutes to change Mike’s status to make the First Selectman more comfortable. M. Bilodeau commented that Mike is a valuable asset to the Board and to the Town. Due to the number of people, the meeting moved downstairs to the larger conference room. P. Latincsics asked why it is necessary to remove Mike from a supervisory position. It was explained about the F.O.I. act and a Selectman being an employee and
REGULAR MEETING -2- JAN 7, 2002
supervisor. First Selectman Patton explained that there was a recreation problem at the school, there was a letter from the superintendent regarding this, if he talked to Mike about this it could be construed as a meeting. In his judgment, it is better overall for everyone, it does not in anyway affect Mike’s pay or benefits. A gentleman commented that he supported the First Selectman but did not want any tax money spend on this. Selectman Lewis commented that he contacted the Sec. Of State and she asked if we had contacted our Town Attorney. D. Ennis commented that the First Selectman e-mailed J. Blessington that he did not know whether to accept Mike’s resignation since he accepted the Selectman position. First Selectman Patton commented that that was part of the Town
Attorney’s letter. The Attorney General and the Secretary of State asked what does your Town Attorney say. First Selectman Patton commented that he doesn’t have the stomach to do that; you are talking about someone’s livelihood. This is a legal issue not a vendetta, we tried to get a letter to the Town Attorney to resolve this and the Rep. Town Committee said they would get an opinion, he said he would hold off until these things were done. First Selectman Patton commented that this is serious, there is nothing hidden, I tell you what I am going to do. This is a problem that affects the Town, the Town Attorney came up with the answer, now what do we do about that. I have been up front with everything. D. Ennis commented that he would have come here with a different attitude if I knew you didn’t have the stomach for it. J. Sullivan asked if similar governments and towns were researched and was told that every
town is different, some have charters and some do not, that’s why you go to the town attorney to check out precedents and law, including common law, incompatible offices. Mike is an employee as Transfer Station Operator and Director of Recreation; and a Selectman. When two Broad members meet it is a quorum, 2 from the same party is a caucus. A gentleman commented that you have put a lot of thought into it and this is how it is to work. Selectman Eldredge commented that the First Selectman is putting a layer between us and asked if this is intended to take away anything from me, I run the whole Transfer Station myself. J. Blessington commented that Republican State Central said it is legal; Franklin, Andover and Columbia did it. Selectman Lewis commented that Mike is totally legal as a Selectman; the problem is doing his job as an employee and being a Selectman. R. Tulis commented that anyone’s right to run is protected, that is
clear. You have the right to serve but you can’t supervise your own position. The question is can you put a layer between? S. Chapman commented that you see this step as having no impact on the mechanics of Transfer Station Operator and Recreation Director save who that person reports to and this removes the problems or appearance of impropriety. First Selectman Patton commented that he made that move because he thought it was prudent. S. Chapman commented that you see it as a solution because direct supervision no longer exists. M. Bilodeau asked the First Selectman if he would be willing to put it in writing as a resolution to the problem and this would end. First Selectman Patton commented that anyone could raise this issue, as far as he is concerned you can make a straight face argument that this is resolved. He does not want to remove Mike as Transfer Station Operator or Recreation Director. M. Bilodeau commented that
it sounds good to him. H. Klei asked what is the bottom line impact on Mike’s net change to his pay status? There should be a time limit so this is not a permanent action. It is a credit to you that you are trying to solve this. First Selectman Patton commented that there would be no change; this is going back to the way it was 3 or 4 years ago. J. Blessington commented that he would like to clarify a point, the opinion we got from state centers was that when Mike won he could serve. Can Mike serve and keep his job? Selectman Lewis commented that Mike is a legally elected Selectman. P. Latincsics commented that the First Selectman stated this is the best resolution in his judgment, is that you and the second selectman? Selectman Lewis commented that when he spoke to the Sec. Of State’s attorney it was on his own time and his own phone and the only other person present was his wife. He told her this is a
fact-finding call only. Jessie Russell, from the Chronicle, went to F.O.I. and found out it was a problem when the First Selectman spoke to Mike. First Selectman Patton commented that we each do our own homework. Donna Hardie, Town Clerk, commented that she was the first to call the Secretary of State’s office.
REGULAR MEETING -3- JAN 7, 2002
Also under present to speak, T. Demers discussed the lack of a high school bus on Mirtl Road. There is no bus turn-a-round anymore. He is allowing a mini bus, for the younger kids, to use his driveway but he is not going to plow. A kid can get hit on the side of the road and winter is here. His son has to walk to Rte. 320 to get a 6:30 a.m. bus to high school. First Selectman Patton commented that Wes Beebe and someone from the bus company did check out Mirtl Road, there is no place for the bus turn-a-round besides the old one and the property owner does not want it. The only solution may be to extend the road and that will take time. Mr. Demers commented that a mini bus will pick up his son in the morning now but there is none available at night.
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.
SAFETY COMMITTEE
Selectman Lewis commented that he just received information from CIRMA so this will be discussed at another meeting.
NUISANCE ORDINANCE
Mark Bilodeau commented that he initiated the request to have a nuisance ordinance. He talked to Dave Ennis about this and he thinks Dave has a good idea. Dave Ennis commented that a suitable ordinance might be one that gives the Board of Selectmen the authority to hear complaints about overbearing investigators and have the Board agree to hear the both sides, if the Board agreed the investigator has gone to far they could then issue a stop order and then if the investigator continued he would be in violation of the law because of the ordinance. First Selectman Patton commented that he would have to digest this and asked Mr. Ennis to please put this in writing and we can send it to the Town Attorney.
REHAB REQUEST
Case #02-1 has requested permission to swap .074 acres of land with the son. The two properties abut. Homeowner would give the son .074 acres from one corner of their property and son would give them .074 acres from another corner of his property. Each property would then remain the same size as it was originally. This is being done so the son can build an addition to his house.
FIRST SELECTMAN PATTON MOVED TO APPROVE THE .074 ACRES OF LAND SWAP FOR CASE #02-1 AS REQUESTED.
Selectman Lewis seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
APPOINTMENTS
The Library Board of Directors has done a search for people to be on the Building Committee for the new Willington Public Library and have recommended the following be appointed David Gankofskie, Susan Gifford, Donna Hardie, Kathleen Lisiewski, Carl Panciera, Roberta Passardi and a rotating member of the Library Board.
FIRST SELECTMAN PATTON MOVED TO APPOINT DAVID GANKOFSKIE, SUSAN GIFFORD, DONNA HARDIE, KATHLEEN LISIEWSKI, CARL PANCIERA, ROBERTA PASSARDI AND A ROTATING MEMBER OF THE LIBRARY BOARD TO THE WILLINGTON PUBLIC LIBRARY BUILDING COMMITTEE, EFFECTIVE IMMEDIATELY. THE WILLINGTON PUBLIC LIBRARY BUILDING COMMITTEE IS TO OVERSEE THE DESIGN AND CONSTRUCTION OF THE NEW PUBLIC LIBRARY FOR THE TOWN OF WILLINGTON.
Selectman Eldredge seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
REGULAR MEETING -4- JAN 7, 2002
TAX REFUNDS
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $1,113.93 TO CHOPETA C. LYONS & MARK A. PALMER.
Selectman Eldredge seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $362.48 TO STEVEN OWEN.
Selectman Lewis seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
PUBLIC WORKS
Wes Beebe commented that they are cutting brush, working on sand and the trucks and plowing. He then had to leave the meeting. The memo from the First Selectman to the Board suggesting that Transfer Station employees will report to Wes Beebe, Public Works Supervisor and the Recreation Department will be moved under Mary Bowen until a Recreation Commission can be reconstituted was discussed again. Mike asked about how F.O.I. is involved. First Selectman Patton commented that you are a supervisor and an employee. Selectman Eldredge commented that he will not vote on this but would like to talk about it. Selectman Eldredge asked if it was the First Selectman perception that in the daily operation that I make all decisions except those made by the Solid Waste Advisory Com., do you see any
changes in that? First Selectman Patton commented that you are the operator, it would be the same as if I asked you to do something before, now Wes will ask. Selectman Eldredge commented that we have it running one way, I don’t want a problem over the daily operation between Wes and I. First Selectman Patton commented that he understands what Mike means but he can’t say to anyone that you are the supervisor but not really. Selectman Eldredge commented that he does not want to lose the authority over running it the way I think it should be run. M. Bilodeau commented that the Transfer Station runs great and Wes runs the roads great. Selectman Lewis commented that this memo is terrific. In my conversation with the Sec. Of States office she said you got an opinion from the town attorney, what is happening now? It sounds like you should stop paying for the transfer station job. This will put a cushion between. There are
other problems, the general government budget votes on the transfer station, being personally involved you can’t vote on Public Works, the Transfer Station, Recreation, personnel and union. Selectman Eldredge commented that the personnel policy covers personnel and he resigned as an officer of the union and the union contract is settled for 4 years. If there is a complaint, it goes to the First Selectman and if it needs to go further I would recuse myself. Selectman Lewis commented that lots of things come before the Board and you need that layer, this can legalize it. Selectman Eldredge commented that Andover said it was only the First Selectman that has direct supervision. Selectman Eldredge commented that he is doing the Transfer Station budget that he will submit to the First Selectman. First Selectman Patton commented that Selectman Eldredge would submit the budget to Wes and Wes would submit it to him. It will be voted on with the
rest of the Public Works budget. Selectman Eldredge commented that as far as Recreation, I will prepare the budget. If you want to make my assistant the director and make me the assistant, that is fine with me. You can go direct to him, he is a good employee. First Selectman Patton commented that a Recreation Commission is what we talked about 2 years ago, it is cleaner. Selectman Eldredge commented that we can’t do that until we have a Recreation budget to support it. He doesn’t mind having a commission having input but things should stay the same for at least 1 more year. Selectman Lewis commented that there are some pluses to having an advisory board. First Selectman Patton commented that he liked the idea of a Recreation Commission that is more than an advisory board. Selectman Lewis commented that it could be set up to avoid the pit falls of the past. The Recreation Dept. is efficient and getting little
complaints. First Selectman Patton commented that we could get different facets of the community involved and get their expertise.
REGULAR MEETING -5- JAN 7, 2002
Selectman Lewis commented that we have communication with the director, the person up front is dealing with everyone; a part time commission that may or may not be involved and can force the issue differently. First Selectman Patton commented that hopefully they would value the opinion of the director; we would get more ideas about programs. Selectman Eldredge commented that when River Road is developed, we will need a full commission, not now. Selectman Eldredge asked about switching positions with his assistant. J. Blessington commented that switching positions sounds good and asked Selectman Eldredge if he was afraid that Wes Beebe would make changes and was told yes, he didn’t want major changes or problems. D. Ennis commented that there is no law against Selectman Eldredge voting
or discussing anything, there are ethics against and restraints about financial benefits. Selectman Lewis commented that when the Sec. Of State’s attorney told me those things, I said I didn’t want to take a person’s livelihood away, I object to that. We want to workout how we may be able to do this. Someone can bring suit and hopefully it will not happen. This may give us an acceptable Board. We are trying to compromise, a lot of people voted for Mike, we want to find a way to make this work. We were told he can’t do both, we are trying to find the middle of the road to make it work. Ethics say that you don’t vote on anything you are personally involved with. First Selectman Patton commented that there is no reason to put Mike in a special position, an employee without supervision. Selectman Eldredge commented that if the first part of the memo is an acceptable solution, so be it. For the
second part make Glenn Smith Director of Recreation and make me the assistant. Selectman Lewis commented that we need to think about that. First Selectman Patton commented that we also need to think about how an advisory commission would work. We need to look at the pay scale and hours before switching positions. Selectman Eldredge commented that he is just talking about changing titles. First Selectman Patton commented that you must also change responsibilities and there is about a $4.00 difference in the hourly salary. It is something we need to think over. We will discuss the organization of the Recreation Department at the next meeting. Selectman Lewis asked if the first part of the memo stands? First Selectman Patton commented that the whole memo will stand and we will come back to the Recreation part. The Transfer Station will go under Public Works as it was before. Selectman Eldredge asked why the First Selectman can’t discuss things with his assistant instead of
him. Selectman Lewis commented that we can’t have a make believe layer between, he really wants this out of the way and done with.
FIRST SELECTMAN PATTON MOVED THAT THE BOARD MOVE THE TRANSFER STATION BACK UNDER PUBLIC WORKS.
Selectman Lewis seconded the motion.
VOTE: 2 YES (PATTON & LEWIS) 1 ABSTAIN (ELDREDGE) 0 NO
TRANSFER STATION – NEW FEES
First Selectman Patton reported that the Solid Waste Advisory Committee recommended increasing the current per load fee of $25.00 to $50.00 for haulers using the Transfer Station.
FIRST SELECTMAN PATTON MOVED TO INCREASE THE COMMERCIAL HAULERS PER LOAD FEE FROM $25.00 TO $50.00 FOR USE OF THE TRANSFER STATION.
Selectman Lewis seconded the motion.
VOTE: 2 YES (PATTON & LEWIS) 1 ABSTAIN (ELDREDGE) 0 NO
GOOD & WELFARE
First Selectman Patton reported that he received an estimate for the Senior Center, ½ million dollars. He will send this to Larry Wagner to complete the application for the Community Development Block Grant. He is still waiting to hear from the State Bonding Commission, it is not on the agenda so far. Selectman Lewis asked what was included in the estimate and was told the center, driveway and some septic and water system. There are some changes to the building. It must be one building, not cottage style and will be 40 units. It is cheaper to build one building and to operate one building.
REGULAR MEETING -6- JAN 7, 2002
First Selectman Patton commented that there was a fire Sat. night due to an unattended candle. Most of the fires in town are from that. Selectman Eldredge asked about the fuel dispenser system. First Selectman Patton commented that the quotes came much higher than originally thought. We thought it would be around $6,000.00 and they came in around $10,000. We are going to get more quotes. Selectman Lewis commented that the road crew is doing a great job as usual. First Selectman Patton welcomed Bill Jenkins of Republican State Central to the meeting.
FIRST SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 9:08 P.M.
Selectman Lewis seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
Respectfully submitted
Mary Bowen
Mary Bowen
Secretary
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