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. 20, 2004
TOWN OFFICE BUILDING 6:30 P. M.
First Selectman Eldredge called the meeting to order at 6:30 P.M. with the following in attendance: Selectmen Blessington, E. D’Agata, L. Lang, T. Millix, L. Nicholls, J. Prusak, R. Tulis, T. Vonasek and other townspeople. Selectman Patton arrived at 6:44 P.M. First Selectman Eldredge led the Pledge of Allegiance.
APPROVAL OF MINUTES
SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF 1/5/04, 1/6/04 & 1/15/04.
First Selectman Eldredge seconded the motion.
VOTE: 2 YES (ELDREDGE & BLESSINGTON) 0 NO
PRESENT TO SPEAK
Ted Vonasek was present to ask if there was anything new on the property on Village Hill Road and Lucerne Drive? First Selectman Eldredge commented that he can’t answer that now, we will hold an executive session after this meeting. Mr. Vonasek asked if he could attend the executive session and was told no. Mr. Vonasek asked if he should wait until the next Board meeting and was told yes.
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.
FIRE DEPARTMENTS
Chief Tyler Millix, Willington Fire Dept. #1, commented that they worked out joint meetings; we had 2 or 3 meetings and 1 drill together. We are busy as usual. First Selectman Eldredge commented that it is encouraging; are you talking on a regular bases? Chief Millix commented yes, we are putting our best foot forward. Chief Ed D’Agata, Willington Hill Fire Dept. commented on the 2 departments training, they have a few people taking EMT classes and firefighter 1 classes. Chief D’Agata commented that they are still having problems with the water. First Selectman Eldredge commented that they should try removing the aerator before testing. Chief D’Agata commented that the dry hydrant on Mirtl Rd. needs to be plowed so we can back wash. Regarding the Lytwyn
fire, the Willington #1 truck did an excellent job; the fire was through the roof when we got there, not much could be done. Chief D’Agata commented that we are getting a lot of false alarms; the alarm systems are not being serviced and the alarms go off for many different reasons. He believes we need an ordinance, it is an ongoing problem, we are constantly running and it costs the Town money; alarms should be kept clean and up to date. Everything else is going good.
REGULAR MEETING -2- JAN. 20, 2004
APPOINTMENTS
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT JOHN PATTON TO THE ACCESS AGENCY.
Selectman Blessington seconded the motion.
VOTE 2 YES (ELDREDGE & BLESSINGTON) 0 NO
SELECTMAN BLESSINGTON MOVED TO APPOINT MATTHEW DINALLO, LYNN LANG AND KATHLEEN PACHOLSKI TO THE CAPITAL IMPROVEMENT PROGRAM COMMITTEE EFFECTIVE IMMEDIATELY.
First Selectman Eldredge seconded the motion.
VOTE: 2 YES (ELDREDGE & BLESSINGTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT PAUL SCHUR AS A FULL MEMBER OF THE EASTERN HIGHLANDS HEALTH DISTRICT TO FILL A VACANCY, TERM EFFECTIVE IMMEDIATELY TO MAY 31, 2006.
Selectman Blessington seconded the motion.
VOTE 2 YES (ELDREDGE & BLESSINGTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT LAURIE MASCIANDARO AS A REGULAR MEMBER OF THE HISTORIC DISTRICT COMMISSION, TERM EFFECTIVE JANUARY 1, 2004 TO JANUARY 1, 2009.
Selectman Blessington seconded the motion.
VOTE 2 YES (ELDREDGE & BLESSINGTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT CARL PANCIERA AS A MEMBER OF THE LIBRARY BUILDING COMMITTEE EFFECTIVE IMMEDIATELY.
Selectman Blessington seconded the motion.
VOTE 2 YES (ELDREDGE & BLESSINGTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT JOHN PRUSAK AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS EFFECTIVE IMMEDIATELY TO DECEMBER 31, 2005
Selectman Blessington seconded the motion.
VOTE 2 YES (ELDREDGE & BLESSINGTON) 0 NO
PUBLIC WORKS
Lynn Nicholls, Supervisor of Public Works, reported that they are working on truck and plow maintenance; plowing and trying to keep up. The overhead doors are not working right, they come down on their own sometimes, they need service. They are doing service on everything.
AMERICAN HEART ASSOCIATION PROCLAMATION
First Selectman Eldredge read part of a letter from the American Heart Association regarding their campaign toward heart health for women. Heart disease and stroke kill more women than the next 7 causes of death combined. They have declared February 6, 2004 as “Wear Red for Women Day”, urging people to wear red on that day to show their support for this campaign to encourage women to take action to improve their heart health.
REGULAR MEETING -3- JAN. 20, 2004
FIRST SELECTMAN ELDREDGE MOVED TO ADOPT THE FOLLOWING PROCLAMATION:
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
WHEREAS, diseases of the heart are the nation’s leading cause of death and stroke is the third leading cause of death;
WHEREAS, cardiovascular diseases (CVD) are the leading cause of death among women; and,
WHEREAS, heart attack, stroke and other cardiovascular diseases claim the lives of more than half a million women each year – more than the next seven causes of death combined, and nearly twice as many as all forms of cancer including breast cancer; and,
WHEREAS, the cost of cardiovascular diseases and stroke in the US is estimated at $352 billion; and,
WHEREAS, one in five females in the United States have some form of cardiovascular disease; and,
WHEREAS, 63 percent of women who died suddenly of coronary heart disease had no previous symptoms of this disease; and,
WHEREAS, February is designated as American Heart Month; and,
WHEREAS, the American Heart Association is launching a new campaign, Go Red For Women, to encourage women to pay attention to their hearts and help them live longer, stronger lives by reducing their risk for cardiovascular disease;
NOW, THEREFORE, I, Michael L. Eldredge, First Selectman, in recognition of the importance of the ongoing fight against heart disease and stroke, do here by proclaim February 6, 2004, to be
“WEAR RED FOR WOMEN DAY”
in Willington, CT and urge all citizens to wear red in recognition of family, friends and neighbors who have suffered from heart disease, and as a show of support to fight it. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousand of lives each year.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of Willington, CT this 20th day of January 2004.
Michael L. Eldredge, First Selectman
TAX REFUNDS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $306.72 TO CHRYSLER FINANCIAL CO.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
REGULAR MEETING -4- JAN. 20, 2004
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $333.79 TO CHRYSLER FINANCIAL CO. LLC
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $154.94 TO FORD MOTOR CREDIT CO.
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $516.67 TO FORD MOTOR CREDIT CO.
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $23.62 TO PETER SYLVESTER.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
UPDATE OF TOWN HALL FORMS
First Selectman Eldredge commented that there is a need to make it clear that anyone using the Town Hall, for non-Town use, cannot charge others to attend.
FIRST SELECTMAN ELDREDGE MOVED TO ADD THE FOLLOWING TO THE TOWN HALL USE REQUIREMENTS: CHARGING A FEE OF ANY KIND TO ATTEND OR TAKE PART IN A NON-MUNICIPAL EVENT IS PROHIBITED.
Selectman Blessington seconded the motion.
Discussion followed on whether donations would be allowed.
SELECTMAN PATTON MOVED TO AMEND THE MOTION TO INCLUDE: ACCEPTING NON-SPECIFIC DONATIONS WOULD BE PERMISSIBLE.
First Selectman Eldredge seconded the motion.
VOTE: 2 YES (ELDREDGE & PATTON) 1 NO (BLESSINGTON)
FIRST SELECTMAN ELDREDGE MOVED TO ADD THE FOLLOWING TO THE TOWN HALL USE REQUIREMENTS: CHARGING A FEE OF ANY KIND TO ATTEND OR TAKE PART IN A NON-MUNICIPAL EVENT IS PROHIBITED, ACCEPTING NON-SPECIFIC DONATIONS WOULD BE PERMISSIBLE.
Selectman Blessington seconded the motion.
VOTE: 2 YES (ELDREDGE & PATTON) 1 NO (BLESSINGTON)
ENGAGEMENT OF LAW FIRM
First Selectman Eldredge commented that he contacted Attorney Michael A. Zizka, of Murtha Cullina, he comes very well recommended from other towns, he represents Bethany, Coventry, Griswold and Stonington as town attorney and has a very strong background in planning, zoning and land use. First Selectman Eldredge commented that we have one attorney on the town side and he would strongly recommend that Planning & Zoning and Inland/Wetlands look at this gentleman as being their attorney. It could save the Town money in legal fees. They have agreed to a rate that is $30 an hour less than we currently pay our town attorney; that rate
REGULAR MEETING -5- JAN. 20, 2004
is more than we pay our land use attorney but we have been spending more money this year on the town side. Someone asked if this was in addition to the attorney we have now? First Selectman Eldredge replied no it would be replacing the present attorney. Right now we have a land use attorney, the attorney the Town uses and a labor attorney; he wants to have one corporation, one attorney represent all aspects. This company has that, by appointing him we would have the services of all the attorneys in the corporation. Selectman Patton asked how many other attorneys did you interview. First Selectman Eldredge commented only 2 or 3 over the phone; he went on what other towns told him. Selectman Patton commented that we usually interview more than one firm and do it at a Board meeting.
His qualifications are certainly good for PZC and Inlands/Wetlands, he did represent the plaintiffs against the largest taxpayer and employer in the Town when they were trying to move into Town; he held up that project for quiet a while. It would be hard to trust someone to be the land use attorney when they are still dealing with that person. If you want to use one attorney there are many firms that could be interviewed; did you look at the Board of Education’s labor attorney, they could be looked at. First Selectman Eldredge commented that he didn’t look at it from that aspect; he just wanted one attorney on the Town side, for land use, Town and labor, not for the Board of Education. Selectman Patton commented that looking at the rate, last year the Town had 80% of the bills but there have been many years that PZC had the majority of the legal fees. Selectman Patton commented that he thinks we should do a better search before
getting rid of our present counsel, are you getting rid of our present counsel? First Selectman Eldredge commented that he would not just sever that tie; he would continue to keep her on the projects she is handling; he has mentioned this to her. Selectman Patton commented that your outlook could be right, a large firm may be good for us; we should get the Treasurer, land use and ZBA on board and do a good search. Selectman Blessington commented that it could take a couple of years to do that. First Selectman Eldredge commented that Mr. Zizka comes highly recommended; I would like to go forward with him. Selectman Patton commented that if we are going to replace all of the Town counsels, and he does not have a problem with a large firm, he thinks we should get all of the chairs involved in a search. Selectman Blessington commented that currently we have different law firms, this individual that we want to hire now, we want to hire as town
counsel; from there we could work with the other boards, they can interview this person and if they don’t want to hire this person they can stay with who they want. Selectman Patton commented that Mr. Zizka admits he is not a town counsel guy, he is a planning and wetlands guy so why are we hiring him? If we are hiring his firm why don’t we get everyone involved in a search for a firm? First Selectman Eldredge commented that we went for this person just to replace town counsel; he would try to reach a negotiated settlement before going to litigation. Selectman Patton commented that any attorney would do that. First Selectman Eldredge commented that he interviewed Mr. Zizka a month ago, if he serves land use then the rate is reduced more, if he serves as town attorney then the rate is only $5 per hour less than what we pay now. Selectman Patton commented that his point is that we should do a proper search. First Selectman
Eldredge commented that the other boards certainly have the right not to use this gentleman, I would like to use him as town counsel. I would recommend the other boards take a look at him, if they did, I think they would be in agreement to use him but that would be their decision entirely. Ralph Tulis asked how many proposals do you have? First Selectman Eldredge commented no other proposals; we interviewed this one after talking to other towns. His name came up as being superb. His strong points could be used for land use but I would like him for Town Counsel. Your board may not choose to change. Mr. Tulis commented that this is not a choice of attorneys this is voting on one. First Selectman Eldredge commented that he felt he needed a new town attorney. Selectman Patton commented that you are paying the same rate for a para-professional as for Mr. Zizka but my point is that we need to do a better search, bring the other
departments on board and interview a couple of firms. First Selectman Eldredge commented that when we interviewed this gentleman we were talking town, the Board of Selectmen’s decision; the others have the pre-option, if they don’t select this attorney that is fine, they can stay with the attorney they have. Selectman Patton commented that all boards should be involved in a search for an attorney if we are using one firm. Mr. Tulis asked if the Board of Selectmen could mandate to the other commissions which attorney they would use?
REGULAR MEETING -6- JAN. 20, 2004
First Selectman Eldredge replied no and we are not trying to, I would recommend that you take a look and see if this gentleman could be a new attorney for you. Selectman Patton commented that his only point is that we wait 2 months and do the process right, there are many good firms to interview. Selectman Patton asked would Mr. Zizka be handling town counsel matters or someone else in the firm? First Selectman Eldredge commented that Mr. Zizka would be although he is very strong in land use matters. The question was asked when Mr. Zizka would start? First Selectman responded this January; the current attorney would finish any projects in place. First Selectman Eldredge commented that it would be up to the other boards to do what they want to do. Mr. Tulis asked if this would be
put in writing? First Selectman Eldredge replied yes, he has no control over the other boards and does not intend to control them. If they look at this gentleman and say no, he has no problem with that. I want to use this gentleman for town attorney. Selectman Patton commented that I think you guys have already made up your mind so lets vote. My parting comment is that I think this is a flawed process to hire this person.
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT MICHAEL ZIZKA AS OUR TOWN ATTORNEY COMMENCING IN JANUARY 2004.
Selectman Blessington seconded the motion.
VOTE: 2 YES (ELDREDGE & BLESSINGTON) 1 NO (PATTON)
GOOD & WELFARE
Selectman Eldredge commented that we have a letter from the Library Board regarding the bonding costs for the new Library. The cost totals $117,000, which makes the budget $87,000 short, would the Library Board need to go to C.I.P. to request an increase in bonding. Selectman Patton commented that we need to look at the budget and all revenues. The architect’s fee is included in the $3 million and so far he has been paid from the Library’s money and that may cover the $87,000 difference. There is the Ruby money and the projected North property money. If we need more for bonding we would have to go to CIP to see how it will affect other projects but we should check the budget first.
Executive session was not held.
SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 7:47 P.M.
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary
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