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 JULY 7, 2003
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, J. Blessington, S. Cobb, T. Millix and L. Nicholls.
APPROVAL OF MINUTES
SELECTMAN ELDREDGE MOVED TO APPROVE THE MINUTES OF 6/16/03 & 6/17/03.
Selectman Lewis 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.
COST
First selectman Patton commented that we discussed this at the last meeting. Do we want to join COST at $825, join in lieu of CCM or in addition to CCM or not at all? Selectman Lewis commented that he likes the information we can get from CCM but he likes COST because it is for small towns. Would COST have the clout that CCM does? First Selectman Patton commented that COST has different priorities. Selectman Eldredge commented that we get a lot of information from CCM. Can we join COST and not get rid of CCM? First Selectman Patton commented that he would ask if we could join COST at a reduced rate. The Board agreed to this and to stay with CCM.
RESOLUTION – BINDING ARBITRATION
First Selectman Patton commented that we received a letter fromWatertown, CT urging the Town to adopt a resolution in an effort to initiate legislative changes to the arbitration laws. They want the same management rights for local government as the state. Selectman Eldredge commented that they must have had a lot of problems; we went to arbitration about 8 years ago. First Selectman Patton commented that this is for both the town and the board of education. Selectman Lewis commented that he loves it; it gives us control back. He remembers when the town turned down raised for the school administrators, it went to arbitration and the arbitrator gave the administrators more than what they asked for. Selectman Eldredge asked if that is what this is saying, the state does not have to comply
with binding arbitration, even if it is in favor of the union and now they are asking that municipalities have this? First Selectman Patton commented that you could reject the arbitration award and then go back to the bargaining table.
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Selectman Lewis asked why should it be rejected by the electors of the town and then someone in Hartford says that you must do it? Selectman Eldredge commented that when you sign a labor contract it makes it real on both parties, if you can’t resolve your problems you go to arbitration; that’s the final resolution. First Selectman Patton commented that it is kind of counterintuitive to have binding arbitration that is not really binding but the state has it. Selectman Lewis commented that the town can actually lose control of what they want for the town like it did with the binding arbitration with the school. The voters of the Town rejected it and they had to give more than asked, they should have a choice. Selectman Lewis commented that he is very much in favor of this.
First Selectman Patton commented that you could go back again to do the arbitration process. Tyler Millix commented that the union has deeper pockets than a municipality. Selectman Eldredge commented that’s not actually true. A union is represented by union reps at arbitration where a town is represented by counsel. First Selectman Patton commented that the union is represented by reps whose sole function is to negotiate labor agreements virus First Selectmen who are elected for two-year terms, the experience is not there, you have to spend the money on an attorney. Selectman Eldredge commented that if you don’t have binding arbitration it negates the whole idea of having a labor contract, you must have a final resolution. First Selectman Patton commented that you do have to have a final resolution but the question is should you have the right to say we can’t afford what you have done, all this is saying is that you have
the option to say no, the option to reject it, it is not saying you have to reject it. The state has the option to do that. Selectman Lewis commented that as management, rather than employees, we have to look at what is best for the Town. First Selectman Patton commented that he likes the idea of letting the townspeople have the option. Selectman Eldredge asked if binding arbitration decided for the union against the Town then the Town would have the right to bring it before a public vote whether to accept it? First Selectman Patton replied yes and they can reject that binding arbitration by a two-third vote. The option is there, part of it is the cost; it could cost $30,000/40,000 to go to arbitration. Tyler asked how many unions are there? First Selectman Patton commented that we have 1 Town union, an Administrators union for the BOE and a Teachers and non-certified union. The cost of the arbitrators is not much compared to
the representation. Selectman Lewis commented that he likes the resolution. Selectman Eldredge commented that the Town has only been to one arbitration in 8 years. Selectman Eldredge commented that he can’t support a resolution that once you have a labor contract and you use that as a final resolution to a dispute that it shouldn’t be binding on both parties. Selectman Lewis commented to Selectman Eldredge that this goes back to conflict of interest, you have an extreme conflict of interest on this subject. Selectman Eldredge commented that we are talking about passing a resolution. Selectman Lewis commented that we are talking about something that you already have going in Town and it is a conflict of interest for you to be discussing it as a Selectman where as a union member you have something going here. I think you need to decide if you are a union member or are you management and as a Selectman you are management. If
you can’t make that decision you need to stay quiet on it because that you are creating it is a conflict of interest at this time. Selectman Eldredge commented that he doesn’t agree completely, we are discussing if we would sponsor a resolution to change binding arbitration. Selectman Lewis commented exactly and you are going to have a personal interest in that so you are not going to want it anyway so you really should not be involved in it. You have a conflict of interest with this. Selectman Eldredge commented that he does not agree. First Selectman Patton commented that he thinks it is a good option whether it is ever used or not, it is an option that is available. He can see the idea behind it because there are times when the towns say that this is a very grievous decision. Selectman Lewis commented that he gets aggravated when people say you can’t do anything about it because it went to binding arbitration; the
townspeople should have a choice.
SELECTMAN LEWIS MOVED TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION SUPPORTING AMENDMENTS TO BINDING ARBITRATION
BE IT HERE BY RESOLVED, THAT
1. WHEREAS THE STATE OF CONNECTICUT IS ATTEMPTING TO REDUCE FUNDS THAT GO
TO LOCAL COMMUNITIES AND TOWNS; AND
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2. WHEREAS BINDING ARBITRATION MANDATES ARE AMONG THE MOST SIGNIFICANT
FINANCIAL BURDENS FACING LOCAL COMMUNITIES; AND
3. WHEREAS THE STATE IN ITS NEGOTIATIONS WITH ITS UNIONS HAS THE STATUTORY
RIGHT UNDER CONNECTICUT GENERAL STATUTES SECTION5-278 (b) TO REJECT AN
ARBITRATION AWARD BY A TWO-THIRDS VOTE OF EITHER HOUSE;
NOW THEREFORE, WE DEMAND THE STATE LEGISLATURE PROVIDE TO LOCAL MUNICIPALITIES AND BOARDS OF EDUCATION THE SAME RIGHT TO REJECT ARBITRATION AWARDS THAT THE STATE RESERVED FOR ITSELF IN ITS COLLECTIVE BARGAINING PROCEDURE.
MORE SPECIFICALLY THAT
CONNECTICUT GENERAL STATUTES SECTION 10-153f(c)(7) ET SEQ. REGARDING TEACHER NEGOTIATIONS BE AMENDED TO READ “THE AWARD OF THE ARBITRATORS MAY BE REJECTED BY THE BOARD OF EDUCATION OR THE LEGISLATIVE BODY OF THE LOCAL SCHOOL DISTRICT, OR IN THE CASE OF A REGIONAL SCHOOL DISTRICT BY THE LEGISLATIVE BODIES OF THE PARTICIPATING TOWNS, PRESENT AT A REGULAR OR SPECIAL MEETING CALLED AND CONVENED FOR SUCH PURPOSE WITHIN TWENTY-FIVE DAYS OF THE RECEIPT OF THE AWARD. IF REJECTED, THE MATTER SHALL BE RETURNED TO THE PARTIES FOR FURTHER BARGAINING.”
AND THAT
CONNECTICUT GENERAL STATUTES SECTION 7-473c(d)(12) ET SEQ. REGARDING MUNICIPAL EMPLOYEE NEGOTIATIONS BE AMENDED TO READ “WITHIN TWENTY-FIVE DAYS OF THE RECEIPT OF AN ARBITRATION AWARD ISSUED PURSUANT TO THIS SECTION, THE LEGISLATIVE BODY OF THE MUNICIPAL EMPLOYER MAY REJECT THE AWARD OF THE ARBITRATORS OR SINGLE ARBITRATOR BY A TWO-THIRDS MAJORITY VOTE OF THE MEMBERS OF SUCH LEGISLATIVE BODY PRESENT AT A REGULAR OR SPECIAL MEETING CALLED AND CONVENED FOR SUCH PURPOSE. IF REJECTED, THE MATTER SHALL BE RETURNED TO THE PARTIES FOR FURTHER BARGAINING.”
BE IT FURTHER RESOLVED, THAT
THE FIRST SELECTMAN SEND A COPY OF THIS MOTION TO ALL STATE REPRESENTATIVES AND SENATORS IN THIS AREA AND TO ALL MUNICIPALITIES AND BOARDS OF EDUCATION IN CONNECTICUT WITH AN APPROPRIATE COVER LETTER ASKING THEM TO ADOPT A SIMILAR MOTION AND FORWARD IT TO THEIR STATE REPRESENTATIVES AND SENATORS.
First Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & LEWIS) 1 ABSTAIN (ELDREDGE)
FIRE COMMISSION
First Selectman Patton commented that the Town Attorney made some minor changes in the ordinance, under organization & meetings 5) voting members was added; there is no problem with #4 under members & terms.
John Blessington asked why it says only 2 members from any one party and was told that the committee agreed on that. Tyler Millix commented that the administrators of Willington Fire Dept. #1 support this. First Selectman Patton asked if we heard from the Board of Finance and was told the Board of Finance approved it. Selectman Eldredge asked if anyone from the Hill Fire Dept. attended the Board of Finance meeting and was told no. First Selectman Patton commented that he asked for commented from the Hill but did not get any.
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It is quiet simple; the Fire Commission’s mission is to coordinate the two Fire Depts. and assure that the Town has a town wide emergency response plan for both natural and manmade disasters. Selectman Eldredge asked how the Hill Fire Dept. feels about this. Selectman Lewis commented that the majority does not want change. First Selectman Patton commented that this goes above and beyond the Fire Depts. this should be the Town’s response to how to have a group of people whose sole focus is the emergency preparedness of the Town of Willington. You can volunteer in a number of ways, be on Inlands/Wetlands Com. Zoning, Board of Selectmen or ZBA. You have a group of people who are knowledgeable and say my contribution to the Town will be emergency preparedness, that’s what
I will focus on so hopefully they will look at it and get above the petty jealousies that happen between fire departments. Lets look at this and say are we doing the right thing for the taxpayers of Willington, do we have the right equipment to do the job? Do we have the right response districts? Is there coordination for hydrants, are all fires treated the same with similar services? Selectman Eldredge commented that he agrees that the big thing is the benefit of the Town. He thinks both are fine departments; the only fear he has is are we going to have people walk away from these positions? First Selectman Patton commented that he has heard the quote that if we are going to make them follow all these regulations they are just not going to be able to do it any more. Selectman Eldredge commented that’s a scary thought. First Selectman Patton commented that it is a scary thought but here’s the problem, if something happens
because they are not following regulations, where do we go from here? Being volunteers is not an excuse. Selectman Eldredge agreed but he is worried we will lose people. Tyler Millix commented that to a certain extent some walk away every day for different reasons. The Fire Commission has to look at providing the most cost effective emergency services for the Town. There are so many misconceptions about how the Fire Depts. operate. Selectman Eldredge commented that he does not want to see an alienation of people who have been active, people will either accept it or walk away from it and I think walking away from it by a lot of people in this department will not be a benefit to the Town. Tyler Millix commented that this whole document is within the management rights of the Town of Willington, they have a stake in seeing that there is proper administration of what they are paying for, the departments provide a service for a fee and the Town
has a right to see exactly what is going on, whether it is fiscally, operationally or administratively, that’s all this document is. Stuart Cobb commented that for Willington #1 this document does not change the way we do business. It should not drive anyone away. The motivation should start with what is best for the townspeople, secondly what’s best for the department and lastly what’s best for yourself; it has to go in that order. When that order is reversed when they are looking for what’s best for themselves, what’s best for the department and lastly what’s best for the townspeople, that is simply bad for everybody. First Selectman Patton commented that if they want to leave he will not be held hostage; that is the threat that is there. It is their choice to do that; he left after 13 years that was his choice. Selectman Eldredge commented that he has no problem with the ordinance but he would like to
see that department in agreement with this and not lose people. First Selectman Patton commented that their department had a representative who voted for this ordinance. Tyler commented that it is a welcome increase in bureaucracy, it is a benefit. First Selectman Patton commented that it should not be an increased burden if they are doing what they should be doing. Tyler Millix commented that if everyone walks into the meeting with a positive attitude it would work. Selectman Eldredge commented that he has a fear of a department becoming nonfunctional. Tyler commented that if people leave, he is confident that the emergency service providers in this Town will step up to the plate and do what they can to insure that every single household is protected. Selectman Eldredge commented that he hopes we do not lose people. Tyler commented that many firefighters do not care about the ordinance; it does not affect them.
First Selectman Patton commented that the administrators can paint it positive, negative or neutral and they have painted it negative. He will not be held hostage, that’s a choice they need to make, this is in the best interest of the Town of Willington; I hope they don’t do it. We have a whole new world since 9/11. Tyler commented that we fall under the same guidelines as New York City, Hartford and Boston, that stuff doesn’t change whether you are a union fire dept. or you are NYC. First Selectman Patton commented that he would like the emergency management director involved so
REGULAR MEETING -5- JULY 7, 2003
that we do have what we need to do. It goes beyond the fire department itself. Tyler commented that’s the beauty of this, you are bringing together every facet of emergency services, it is disaster planning and preparedness; we are very much behind the eight ball. You are bringing in the Fire Marshal, Emergency Management; the Fire Dept. the ambulance, this brings the whole thing together.
SET PUBLIC HEARING AND TOWN MEETING DATE
FIRST SELECTMAN PATTON MOVED TO HOLD A PUBLIC HEARING ON JULY 22, 2003 AT 7:00 P.M. AT THE TOWN HALL, TO BE IMMEDIATELY FOLLOWED BY A TOWN MEETING.
Selectman Eldredge seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
REHAB LOAN SUBORDINATION
Case #2003-3 is requesting that the Town subordinate their lien in order to decrease their interest rate and cut a year off their mortgage. They will also pay off a car loan. They will lower their total monthly payment.
FIRST SELECTMAN PATTON MOVED TO APPROVE THE SUBORDINATION WITH THE STIPULATION THAN FOR ANY FUTURE MORTGAGE OR REFINANCING THE LIEN WOULD HAVE TO BE PAID OFF.
Selectman Eldredge seconded the motion.
VOTE: 3 YES (PATTON, ELDREDGE & LEWIS) 0 NO
PUBLIC WORKS
Lynn Nicholls, Supervisor of Public Works, commented that we are starting at Center School tomorrow. A lot of street signs have been stolen; the sweeper is down but the parts should be in tomorrow. The Village Hill area needs to be done but almost everything else is done. Some trees need to come down; CL&P will have to do some of them.
GOOD & WELFARE
First Selectman Patton commented that we extend our sympathy to Carol Noyes on the loss of her father. Selectman Eldredge commented that it is nice to have rails on the bridge.
FIRST SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 8:11 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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