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 MAR. 21, 2005
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 & Patton, L. Nicholls, K. Demers, D. Donahue, L. & R. Hisey, P. Latincsics, S. & J. Lewis, L. Worthington and reporter from the Chronicle. First Selectman Eldredge led the Pledge of Allegiance.
APPROVAL OF MINUTES
SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF 3/7/05.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
SELECTMAN PATTON MOVED TO APPROVE THE MINUTES OF 3/18/05.
First Selectman Eldredge seconded the motion.
VOTE: 2 YES (ELDREDGE & PATTON) 1 ABSTAIN (BLESSINGTON) 0 NO
PRESENT TO SPEAK
Kathy Demers, of the Conservation Commission, was present to update the Board on the open space grant application for the Talmadge property. They need some assistance from the Board; they must do a title search and want to know how to proceed. First Selectman Eldredge commented that we should sit down with Attorney Dwight Johnson and Karl Acimovic as soon as possible. Call tomorrow and we will set it up. Kathy commented that 2 appraisals are needed and they have requested bids from at least 4 appraisers. Selectman Patton commented that once you get the appraisers you are comfortable with you just have to get a purchase order. Kathy commented that they will need a resolution from the Board of Selectmen and the Board of Finance and will have to go to Town Meeting for the full amount.
Selectman Patton commented that maybe if you start with the Board of Finance immediately you could get on the Town Budget Meeting. First Selectman Eldredge commented that he is not sure about that. Kathy asked if they should have the purchase and sales agreement by then? Selectman Patton commented that you would have the authorization to expend the money. Kathy asked if we are committed to the purchase. They Board agreed on the commitment. First Selectman Eldredge commented that we are making the commitment to purchase the land whether we get the grant or not. Selectman Patton commented that for a 28-acre lot with 1700’ frontage it is a good buy. Kathy commented that we are also adding on to the other open space in that area. First Selectman Eldredge commented that we need to emphasize the water shed. Kathy commented that it must go to the Department of Public Health and if they say it is class II we will be
eligible for up to a 65% grant. Selectman Patton commented that we must be prepared to spend the entire amount, he has no problem supporting it either way, and the state grant is a bonus.
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.
REGULAR MEETING -2- MAR. 21, 2005
PUBLIC WORKS
Lynn Nicholls commented that Interstate Ford will reimburse us for the repairs that they messed up. The sweeper is ready and the water tank is ready to roll. Selectman Patton asked about Ketches Road Bridge and Lynn said she called Putnam Welding to see when they will be ready. Selectman Patton commented that we will run out of money in Public Works in April. Lynn commented that if it had snowed last Monday we would have one truck out there; everything is okay now. Selectman Patton commented that we need to figure out the budget, we need to go to the Board of Finance. First Selectman Eldredge commented that we have relief coming in from FEMA. Selectman Patton commented that is not enough, we need to do something. First Selectman Eldredge commented that we would investigate
and take action.
SUBORDINATION POLICY
First Selectman Eldredge commented that he went over the subordination policy and thought if we added #4
“IF THE GRANT RECIPIENT REQUEST AN INCREASE IN THE NEW MORTGAGE, OVER THE VALUE OF THE EXISTING MORTGAGE, THE TOTAL OF THE NEW MORTGAGE AND THE LIEN SHALL NOT BE MORE THAN 50% OF THE CURRENT APPRAISED VALUE OF THE PROPERTY.”
Discussion on this followed and the Board agreed.
FIRST SELECTMAN ELDREDGE MOVED TO ADD “IF THE GRANT RECIPIENT REQUEST AN INCREASE IN THE NEW MORTGAGE, OVER THE VALUE OF THE EXISTING MORTGAGE, THE TOTAL OF THE NEW MORTGAGE AND THE LIEN SHALL NOT BE MORE THAN 50% OF THE CURRENT APPRAISED VALUE OF THE PROPERTY” AS #4 FOR SUBORDINATION REQUEST CRITEIRA.
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
REQUEST FOR SUBORDINATION
Case # 2005-1 is requesting subordination in order to lower their interest rate and finalize home repairs.
They meet the policy criteria.
SELECTMAN PATTON MOVED TO APPROVE THE SUBORDINATION REQUEST FOR CASE #2005-1.
First Selectman Eldredge seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
ATTORNEY’S OPINION ON UNION CONTRACT
First Selectman Eldredge commented that we got the Town Attorney’s opinion on the definition of worked performed and past practice. The past practice goes back 17 years and the attorney said that the courts would deem that acceptable, it is not in violation of any state law and the memo that I wrote was in fact clarifying that policy. First Selectman Eldredge commented that Selectman Patton said he didn’t follow that policy when he was First Selectman, I don’t believe that to be true because he did and we have the time cards where people did use either vacation or sick time in the course of a 8 hour day or 40 hour week and they were paid overtime. We are continuing a practice that has been in several years, I see nothing wrong with that and this was the conclusion of the attorney.
First Selectman Eldredge commented that after spending $300 on the attorney he would like to put this matter to bed and move on. Selectman Patton commented that he read the opinion, the attorney talked to you and the union president but he didn’t talk to payroll. Selectman Blessington commented that he is not sure he wants to put this to bed right now. We spent money and time looking over records, Selectman Patton said he would not approve and never would approve this but in fact he did, it was past practice. I feel the whole town was humiliated. You re-established the policy in 2001. You denied the grievance in level I but the Board granted it in level II, you said you never did it, you humiliated the town, you humiliated Mike, you humiliated the Chronicle. The Chronicle has been smearing Mike time after time. Selectman Blessington commented that I do not believe you forgot, you have a mind like a steel trap, I
don’t believe you just forgot that you had re-established the policy, therefore, I am saying out loud that I think you lied. You lied, you cost the town money, you caused humiliation and I am finding it impossible to take you serious any more. You are turning into a clown, not a very funny clown; you are vindictive, you are obstructive and mean spirited. I would like to have an apology from you for lying. Selectman Patton commented that he was not trying to re-establish a policy, if you look back 4 years ago; I said that work performed is the same thing that I said last week. Work performed is work performed; I guess it takes a lawyer to say it is something different than it really is. The point is the payroll part, they are saying that is not the way we do it. If somebody asks me what work performed is, I am going to tell them what it is; I did not make a fool out of anyone John. That’s why I asked last week what the
rational was for it. All I got was well that’s the way I thought it should be, that was my decision and I did it. That’s the kind of answer I usually get, I don’t get answers unless I press for it. First Selectman Eldredge commented that he reiterated the policy the way that he knew it; I did not change the policy. Selectman Patton commented that is not the way the payroll department had it, which is why you had to write the memo. If you look at the grievance from 4 years ago, I said this is what work performed means but realizing that the amount of money is small I’ll be happy to work out something with you and put it into the contract and negotiate it. Which is exactly what I said this time. Selectman Blessington asked how the grievance was finally settled? Selectman Patton commented without prejudice and without precedence. Selectman Blessington commented you granted the grievance. Selectman
Patton commented there are times I will because I am not going to spend a lot of money fighting it. Selectman Blessington commented now you re-established the policy, you granted the grievance, that is the policy. Selectman Patton commented that if you do it without prejudice or precedence you are not re-establishing anything you are granting it and saying you are granting it because you don’t want to spend the money fighting it. I denied the grievance originally but said I’ll be happy to work with you, I’m not going to fight you over this, it’s too hard. First Selectman Eldredge commented that when the union won the grievance the policy stayed in effect; they were being paid on sick time or vacation time. Selectman Patton commented that if the policy stayed in effect why would the payroll department say no that is not the policy. Selectman Blessington commented that’s a good question John, because Terry said you
told her that. Selectman Patton commented that he probably told her that 4 years ago. Selectman Blessington commented that you didn’t tell her that this policy changed and was voted on by John Patton. Selectman Patton commented that there were no voted taken on that. Selectman Blessington commented that it says the Board of Selectmen decided to grant the grievance. First Selectman Eldredge commented that when he reiterated the policy, I just reiterated a policy that was in effect for 17 years; I was not changing the policy. Peter Latincsics commented that he attended the last meeting and I am glad to see that the attorney was asked his opinion. He was disappointed that in the interim the Chronicle publicly criticized our community but now that we have the findings of those issues, what was the attorney’s opinion on whether or not there was a reversal on past practice; what was the past practice and was there any conflict of
interest? Selectman Blessington commented that the attorney reviewed paragraph 4.1 of the contract and First Selectman Eldredge’s memo. In the attorney’s opinion the contract language is susceptible to more than one interpretation. The manner in which the contract has historically been applied is a tool often used by the courts to make a determination. Since the past practice in Willington has been to allow this overtime to be paid then the past practice establishes the practice as current practice and that Mike’s memo was basically correct. Based upon state law and town ordinances it is the attorney’s opinion that Mike’s memo does not conflict with any ethical requirements or obligations. Mr. Latincsics commented so if I understand it correctly, the attorney’s opinion and the past practice does not support a reversal of past practice. First Selectman Eldredge commented that’s correct. Mr.
Latincsics commented secondly the actions taken by the board do not represent any conflict of interest. First Selectman Eldredge commented that’s correct. Rob Hisey commented that as far as past practice, I looked into this because the town is getting a black eye over this. Conflict of interest keeps coming up, if I am correct your son-in-law works for Public Works. First Selectman Eldredge replied yes. Mr. Hisey commented that when you were elected First Selectman you didn’t hire or fire him. Mr. Hisey asked does he get treated the same as everyone else? First Selectman Eldredge replied yes. Mr. Hisey commented that there is no conflict here. First Selectman Eldredge commented that like the lawyer said, you have a practice that has been in effect for 17 years that was established before he or I came to the town. You could not have a conflict of interest if you are going by an established policy that was in
effect before either one of you showed up at the scene. Mr. Hisey commented that looking over what occurred here is that in March 01 Mr. Patton was the First Selectman and said we are not going by past practice; the union filed a grievance, it was denied and then granted but the
REGULAR MEETING -4- MAR. 21, 2005
language of the contract was never changed which means he accepted it. Mr. Patton created an issue then backed away from it, we would get beat to death in court as a town. Mr. Hisey commented that he is going to write to our local newspaper and give them the documents I have. This is an issue created out of nowhere; it is
not fair to the town. Selectman Patton commented that now that we have heard from the Republican Town Committee I would like to reply. There was a grievance, I said the same thing 4 years ago that I said 2 weeks ago; the amount of money was small, I told the union I would work with them,
I would be amenable to an agreement, which is what we came up with. I am not sure where the big discrepancy is, as far as past practice I did tell them that it was without precedence or prejudice. Take it as you will, you had the lawyer talk to you and the union president but not to the payroll department. You guys can do what you want, I’m not going to stop you, I can’t stop you anyway. First Selectman Eldredge commented that we are just going to continue with the same practice. Selectman Patton commented that I said 4 years ago and I said it 2 weeks ago that work performed is work performed it is not vacation. Mr. Hisey commented that this is a Board of Selectmen’s meeting and not a payroll meeting. The legal opinion was called for by Mr. Patton. It is
disingenuous for Mr. Patton to say now it is a payroll issue. Selectman Blessington commented that he agrees with Mr. Hisey.
TOWN DEVELOPED WATER SYSTEM
First Selectman Eldredge commented that at the last meeting we discussed having a separate entity for the responsibility for developing the public water system for senior housing. He talked to Dave Berto about this and he was in agreement and he talked to Bob Campbell. First Selectman Eldredge commented that he thinks the responsibility for the water system should go to the Willington Housing Authority. He thinks that should be the focal point; that way whatever Dave is doing or that he is doing we can bring to them. We will have public meetings, agendas posted and the public can come. First Selectman Eldredge commented that he thinks most of the people or all the people on the Housing Authority think that is where it should be. Since the new entity of ASHOW is a private corporation, he
cannot attend the meetings. He needs to be able to meet with the Housing Authority so they can know what we are doing on the water system, get their input into and I can find out where we are on the senior housing.
FIRST SELECTMAN ELDREDGE MOVED THAT THE BOARD OF SELECTMEN BESTOW THE RESPONSIBILITY OF THE PUBLIC WATER SYSTEM FOR THE SENIOR HOUSING TO THE WILLINGTON HOUSING AUTHORITY AS THE COMMISSION.
Selectman Blessington seconded the motion.
Selectman Patton commented so the Willington Housing Authority is going to develop a water system for the town. First Selectman Eldredge commented yes they are going to have the responsibility. Talking to Dave Berto, he thought it was the most logical entity to establish. Selectman Patton commented that you are talking about a town water system, not a Housing Authority water system, it is not just for senior housing, you are going to be affecting every other entity within a mile of that water system. First Selectman Eldredge commented that is correct and people can come to any discussions. Selectman Patton commented that most towns form a water system committee to oversee the development of a water system and you are talking about putting a housing authority, which is trying too develop
housing not a water system, in charge. First Selectman Eldredge commented that they go together. Selectman Patton commented that he realizes that housing needs water but it is certainly different to do that. I get the feeling that since I asked to have a water system committee; you are trying to find a way I couldn’t be on the committee. First Selectman Eldredge commented that you can come to the meetings just like I can or the public can. Selectman Patton commented so they will be meeting 2 or 3 times as often. I think you are going to need some expertise, outside of developing housing,
for developing water. First Selectman Eldredge commented that is correct, like Dave Berto and Karl Acimovic. Selectman Patton commented that Karl and Lynn Nicholls are not part of the Housing Authority. When you talk about getting expertise, the problem is this is not only going to affect the housing but everything else around it. What is the problem with that committee saying okay we are going to develop a water system for the Housing Authority, the only thing they need to know is that there will be water available. First Selectman Eldredge commented that they need to know what is happening on the whole progress. Selectman Patton
REGULAR MEETING -5- MAR. 21, 2005
commented that they are there to develop the housing not a town water system, they are two separate issues, one is a town water system and one is housing. First Selectman Eldredge commented that you wouldn’t even develop the water system if it wasn’t for the housing. Selectman Patton commented that you might as well have
someone from ACCESS on there too since ACCESS is the agency for the HUD program. ACCESS appoints the members to the ASHOW board. Should we have ACCESS appoint someone to the Housing Authority? First Selectman Eldredge commented that he has no problem with that; we can discuss that with the Housing
Authority. We needed an entity, we could have public meetings, posted meetings, people could come and he thinks that is the logical entity. Selectman Patton commented that he doesn’t think that is the most logical entity, the most logical entity would have to be dedicated to developing the water system, it is time sensitive and you need consideration beyond housing. At the meeting we had on Friday we had the Fire Marshal, the Town Engineer, Fire Departments, Housing Authority, the Board of Selectmen; all talking about not only housing issues but issues beyond housing. First Selectman Eldredge commented we were talking about development of the water system. Selectman Patton commented that is what we are talking about the town developed water system and how it is going to affect and
impact the future of this area. I don’t see how the Housing Authority is going to have that mind set, of worrying beyond the 50 acres they are developing, I wouldn’t. First Selectman Eldredge commented that right now that is the prime concern to get that developed, that is the time sensitive primary concern. We are not doing the housing water system right now for expansion; we are building it to support the 32 units right now, that is the main concentration, if it wasn’t for that we wouldn’t even be developing it. I really think the Housing Authority has handled this project up to the point where we got HUD 202 funding, now they formed ASHOW; these are the people that have been handling the whole development and I think it is very logical they handle this. Selectman Patton commented that you are talking about a town developed water system, using town funds and it is going to affect things beyond the housing. First
Selectman Eldredge commented that in the future it very well could. Selectman Patton commented that this is what you have to start planning for. Realizing that you guys have 2 votes and I have one, go ahead. First Selectman Eldredge commented come to the meetings.
VOTE: 2 YES (ELDREDGE & BLESSINGTON) 1 NO (PATTON)
FAIR HOUSING RESOLUTION
First Selectman Eldredge commented that April is Fair Housing month. W have been advised that as recipients of current or potential applicant for Small Cities funding we should re-adopt the Fair Housing Resolution, the Fair Housing Policy Statement and the Title VI Equal Opportunity Statement.
SELECTMAN BLESSINGTON MOVED TO RE-ADOPT THE FOLLOWING RESOLUTION:
Whereas, All American citizens are afforded a right to full and equal housing
opportunities in the neighborhood of their choice; and
Whereas, State and Federal Fair housing laws require that all individuals, regardless
of race, color, religion, sex, national origin, ancestry, marital status, age, mental or
physical disability, lawful source of income, sexual orientation,
familial status, be given equal access to rental and homeownership
opportunities, and be allowed to make free choices regarding housing
location; and
Whereas, The Town of Willington is committed to upholding these laws, and
realizes that these laws must be supplemented by an Affirmative State-
ment publicly endorsing the right of all people to full and equal housing
opportunities in the neighborhood of their choice.
NOW THEREFORE, BE IT RESOLVED,
That the Town of Willington hereby endorses a Fair Housing Policy to
ensure equal opportunity for all persons to rent, purchase and obtain
REGULAR MEETING -6- MAR. 21, 2005
financing for adequate housing of their choice on a non-discriminatory
basis: and
BE IT FURTHER RESOLVED, That the First Selectman of the Town of Willington or
his designated representative is responsible for responding to and
assisting any person who alleges to be the victim of an
illegal discriminator housing practices in the Town of Willington.
Adopted by the Town of Willington on March 21, 2005.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
FAIR HOUSING POLICY STATEMENT
SELECTMAN BLESSINGTON MOVED TO RE-ADOPT THE FOLLOWING STATEMENT:
FAIR HOUSING POLICY STATEMENT
It is both the policy and strong commitment of the Town of Willington to promote Fair Housing opportunities in all its programs and housing development activities and to take affirmative action through education and implementation to ensure equal housing opportunities for all persons and families.
The Town of Willington will take affirmative action to ensure that all tenants, applicants, and residents are treated fairly without regard to their race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, learning disability, mental or physical disability, including but not limited to blindness, age individuals with children, or lawful source of income.
The Town of Willington will continue to make a good faith effort to comply with all Federal and State laws and policies which speak to fair housing practices.
It is the policy of the Town of Willington that all Housing related personnel be trained and educated in the principles of Fair Housing and Equal Opportunity so that Equal Housing Opportunity may be available to all qualified applicants.
This Fair Housing Policy Statement reaffirms our personal commitment to the principles of fair housing and equal opportunity housing practices.
The Fair Housing Officer, Youth, Family & Social Services Director, or their designated representative is responsible for the enforcement and implementation of the Fair Housing Regulations/Plan and the enforcement of this policy. The Fair Housing Officer may be reached at 860-487-3118.
Complaint(s) pertaining to discrimination in any program funded by this Town of Willington may be filed with the Fair Housing officer. The Town’s Grievance Procedure will be utilized in this case(s).
Complaints also may be filed with the Commission on Human Rights and Opportunity, 21 Grand Street, Hartford, CT 06106
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
REGULAR MEETING -7- MAR. 21, 2005
SELECTMAN BLESSINGTON MOVED TO RE-ADOPT THE TITLE VI EQUAL OPPORTUNITY STATEMENT:
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The Town of Willington does not discriminate in the provision of services, the administration of its programs, or contractual agreements. The Town of Willington seeks to fully carry out its responsibilities under the Title VI Regulations.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the grounds of race, color, or national origin in programs and activities receiving Federal financial assistance. Title VI provides that “No person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program” covered by the Regulations.
This policy is effectuated through the methods of administration outlined in the Town’s Fair Housing Plan and is fully implemented to ensure compliance by the Town, as the recipient, and by sub recipients. The cooperation of all Town personnel is required.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
FIRST SELECTMAN ELDREDGE MOVED THAT WE RENEW OUR MEMBERSHIP IN THE FAIR HOUSING ASSOCIATION OF CT FOR $20.00
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
GOOD & WELFARE
Peter Latincsics commented that he appreciated the opportunity to speak; he is always vocal in his opinions. No one has ever characterized his opinion either by describing him as a member of any political party or any other affiliation yet tonight Selectman Patton chose to dismiss my remarks as a member of the Republican Town Committee. Mr. Latincsics commented that he think that is inappropriate, people should not be intimated from speaking at public meetings and he expects more from our public officials. Rob Hisey commented that he has met with most boards and they have always treated him with respect, unfortunately you have a member here who does not. He chooses to address me as attorney Hisey, he has referred to townspeople as idiots and that is not proper decorum. Mr. Hisey commented
that perhaps the Board would consider adopting a code of conduct for the members. Everyone is entitled to speak. Jack Lewis commented that other towns do not have present to speak, they do not allow it, and only the board members have the right to speak. It is a good thing that we have present to speak. First Selectman Eldredge commented that all boards in the past have had it. Selectman Patton commented that we run informal meetings. Selectman Patton asked Mr. Hisey who he called an idiot? Mr. Hisey reply Peter Latincsics. Selectman Patton replied well that makes sense. Mr. Hisey commented that he thought that was terribly rude of you. Selectman Patton commented probably appropriate but rude.
SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 7:42 P.M.
Selectman Blessington seconded the motion.
VOTE: 3 YES (ELDREDGE, BLESSINGTON & PATTON) 0 NO
Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary
Board of Selectmen
860-487-3100
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