BOARD OF SELECTMEN
Meeting Minutes
Regular Meeting December 7, 2009
Town Office Building – Lower Conference Room 6:30 P.M.
First Selectman Mailhos called the meeting to order at 6:30 P.M. with the following in attendance: Selectmen Millix, Blessington, Lynn Nicholls and residents. First Selectman Mailhos led the Pledge of Allegiance.
Approval of Minutes:
Selectman Blessington requested to approve the minutes of 11/23/2009 with the following correction:
After “John Patton suggested that he should have an opportunity to meet with the Board as well”, add:
Selectman Blessington replied that, since Mister Patton was the Board’s legal adversary in this case, it would be inappropriate for the Board to meet with him. Mister Patton can express himself in court, if need be.
First Selectman Mailhos seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Millix motioned to approve the minutes of 11/16/09.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Present to Speak:
Peter Anderson of the Conservation Commission requested to move his spot on the agenda. He thought it would be useful to bring the new Board up to date on the Knowlton purchase. Mr. Anderson gave the new Board of Selectmen a background on the property and the purchase. In April a survey was completed which was required by the State. The Surveyor had found some things that did not coincide with the previous survey, and needed to be resolved. They had to enter into negotiations with an abutter with a boundary line agreement which held up the project up until last month. As of right now, the survey has to be redone according to the boundary line agreement, and will in turn go back to DEP, and the Attorney General’s office. The re-writing of the survey will cost an additional $500.00, but the bid on the survey
was way below the others and below what was expected. However, the attorney’s fees may increase. The project was supposed to be wrapped up last June, but it looks like it will run into 2010.
John Patton said he would like to comment on Selectman Blessington’s comment of Mr. Patton being a legal adversary. Mr. Patton said he would like to let everyone know the reason why he is a legal adversary is because two members of the prior Board of Selectmen decided to sue the state Freedom of Information Commission and himself. Being a defendant in the case, he does not think he can cause the action of being sued and being a legal adversary. Selectman Blessington said that by bringing the case to a legal action in the first place, he said he would disagree with him, but that is not here nor there. Mr. Patton commented that if you are going to make an issue of it he would like to make sure the record is correct.
Corrspondence:
A list of correspondence was available at the meeting and in the Selectman’s office.
A. Sign Release of Agreement:
The Board received a payment in full of a HUD lien. The release was signed by the three Selectmen. Now that the lien is paid, the money will go back into the special fund in addition to the grant money that the Town is getting.
Public Works:
A. Transfer Station Supervision
First Selectman Mailhos said that back in May of 2008, the Board of Selectmen authorized the First Selectman to become the supervisor of the Transfer Station. First Selectman Mailhos would like to advise that the Board return the responsibility of the operation of the Transfer Station back to the Public Works Supervisor.
Selectman Millix made a motion that the Transfer Station returns to the general supervision of the Public Works Director.
First Selectman Mailhos seconded the motion.
Discussion was held.
Selectman Blessington said that there was a reason why this was done and asked First Selectman Mailhos if she was aware of the reasons why. First Selectman Mailhos said that she is aware of some different view points. Selectman Blessington said that this has been working well since it was done in 2008, why do we want to change back? First Selectman Mailhos said that the previous Selectman before her had experience operating the Transfer Station. In the interest of efficiency, logically, the supervision would be best done by the Public Works Director. Selectman Blessington asked what she was saying was that she feels she cannot supervise the Transfer Station but she can feel she can supervise the supervisor of the Transfer Station. Supervising does not mean that you need to be there every Saturday and Sunday looking
over the guy’s shoulders to make sure they are doing a good job. Maybe drop down there every once in a while to make sure everything is going ok. There has been an investigation; labor and legal grievances filed, which have gone before the labor board. The Labor board has ruled against the Town in this case. In order to cease and desist the ongoing conflict between the Public Works director and the workers, the First Selectman has taken over supervision and it has worked out well. Selectman Blessington said that he is afraid if we return it to Lynn we will have serious problems. Lynn said that once it was turned out of her hands, she received more phone calls than before. Also, she said that she never knew anything about the investigation that went on. Selectman Blessington said he asked about it and there was a finding from the labor board and a settlement agreement signed between the Town attorney, and the labor board asking for the
investigation. The outcome of the investigation brought the First Selectman to make the decision that it would be best to remove the Transfer Station from her supervision and bring it under his own. Selectman Blessington also said that the former First Selectman did not need to bring it before the Board of Selectmen, but he did so. He thinks we would be better off the way things are, and he said that he understands that there seems to already be some sort of conflict down there. Lynn said that nothing has changed on her end. Also, she informed the Board of Selectmen that the certifications of the operation of the Transfer Station still show her as the Manager; which were signed by the former First Selectman, and the State was never notified of the changes, being turned over to the First Selectman. Selectman Blessington showed a letter dated May 9, 2008 stating the changes. First Selectman Mailhos noted that the letter was dated prior to the
Board of Selectman meeting. Lynn repeated the State needs to be notified of who runs the Transfer Station. Lynn said that she supervises the two gentlemen 2 days during the week, under her jurisdiction and has no problems. First Selectman Mailhos said that Lynn is certified to do it, and has done it for years. That is part of what we pay her for. Selectman Millix said that the previous First Selectman was in a unique situation when he had knowledge of how the Transfer Station worked. We don’t have that knowledge and we do have bigger issues to focus on. When the Public Works Director was hired, the Transfer Station was her responsibility. If there are personnel issues or grievances, then proper procedures will need to be followed and will perhaps be brought to the Board on occasion. First Selectman Mailhos said that she will make sure that she keeps the Board up to date if there are any issues. Selectman Blessington also asked to add
that the First Selectman should be able to make the decision herself without a vote. He has given his opinion but would like to abstain from the vote because he feels that it is not an issue that needs to be voted on. First Selectman Mailhos asked Selectman Blessington for the copies that he has of previous issues.
Vote: 2 Yes (Mailhos, Millix) 1 Abstain (Blessington)
Motion Passed
New Business:
A. First Selectman Status Report
First Selectman Mailhos said that she would like to institute a status report for each meeting. The report will have information with an update of each meeting that she has been to or plans to go to. She would like to have the other Selectmen add what they would like to see on the report or add things they would like to talk about. She will have something on that for the next meeting.
B. Appointments
At the last meeting, the Board went through the vacancies and upcoming vacancies of the Boards and Commissions. First Selectman Mailhos has spoken to most of the Chairs of the Boards, and they are working on vacancy lists and should have appointments or re-appointments to fill the vacancies. In January a public notice will be sent out to fill the remaining vacancies.
First Selectman Mailhos motioned to Re-Appoint Josh Walsh – Regular Member Parks & Rec Commission - effective immediately – expiring December 15, 2012;
Re-Appoint Alan Ference – Regular Member Parks & Rec Commisison - effective immediately – expiring December 15, 2012;
Re-Appoint Jack Rup - Regular Member Zoning Board of Appeals - effective immediately -expiring December 31, 2014;
Appoint William Bland - Alternate Member Zoning Board of Appeals - effective immediately - expiring December 31, 2014;
Re-Appoint Carol Jordan – Regular Member Conservation Commission - effective immediately – expiring December 1, 2012;
Re-Appoint Mark Drobney – Regular Member Conservation Commission – effective immediately - expiring December 1, 2012;
Re-Appoint Lisa Centola – Alternate Member Conservation Commission - effective immediately - expiring December 1, 2012.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Blessington asked for copies for future meetings.
John Patton asked First Selectman Mailhos if she was going to appoint some people to the CIP Commission. First Selectman Mailhos said she does not have any information for the Chairman of that Board. The group should appoint someone. The Committee does not have a term limit. John Patton said that he heard that the Board needs to be re-appointed each term by the appointing Authority. Mark Palmer said once you are appointed for that Commission you are on there forever. John Patton said that he heard that the term expires when the appoint Authority changes. Mark Palmer said that it is an AD-HOC – advisory committee – under the Board of Selectmen. Selectman Millix asked what will the Board need to do to activate the committee? Mark Palmer said according to the General
Statutes, nothing needs to be done. The Board should have something for next meeting.
C. Accept Resignation from Treasurer.
Our Town Treasurer has resigned, and read the letter of resignation from Annemarie Poole effective December 11, 2009. First Selectman Mailhos said that the normal procedure would be to have the Deputy Treasurer fill the vacancy, but we do not have a Deputy Treasurer. We are in the process of finding candidates to fill the vacancy. It looks like the vacancy will not be filled by December 11. First Selectman Mailhos would like to recommend that Donna Latincsics fill the vacancy of the Treasurer until we fill the vacancy.
First Selectman Mailhos made a motion to appoint Donna Latincsics as interim Treasurer, effective December 11, 2009, unless rescinded by the Board of Selectmen or the next Election.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Millix asked what the procedure for replacing the Treasurer? It is an elected position and is first up to the Republican’s to find someone to fill the vacancy. Selectman Blessington said that the Republican Town Committee is working on getting a replacement.
D. Selectmen’s 2010 meeting schedule
Selectman Millix motioned to approve the Selectmen’s 2010 meeting schedule.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
E. 2010 Holiday List
Selectman Millix motioned to accept the 2010 holiday list.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
F. Tax Refunds
First Selectman Mailhos motioned to approve a tax refund of $265.72 to Danny Pelletier; 54 Latham Road; Willington, CT 06279. Reason: exempt one MV for Active Duty.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Blessington motioned to approve a tax refund of $239.57 to Ari Fleet LT; 9000 Midatlantic Drive; Mount Laurel, NJ 08054. Reason: credit for vehicle sold.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
G. Conservation Commission Update on Knowlton Property
Was discussed under Present to speak
H. Call Town Meeting
First Selectman Mailhos read the call of the meeting:
TOWN OF WILLINGTON NOTICE AND WARNING SPECIAL TOWN MEETING
The electors of the Town of Willington and all persons who are entitled to vote in Town Meeting on the matters mentioned in the following warning are hereby warned and notified to meet in Town Meeting at the TOWN HALL at 11 COMMON ROAD in Willington on December 22, 2009 at 7:00 P.M. for the following purposes:
ITEM I
To see if the townspeople on the recommendation of the Board of Finance will authorize the appropriation of $150,000 from the General Fund to be reimbursed by the STEAP Grant for the River Road Complex.
ITEM II
To see if the townspeople, on the recommendation of the Board of Selectmen will accept Wilderness Way as a Town road.
Dated at Willington
this 7th day of December 2009
Christina B. Mailhos
Tyler F. Millix
John Blessington
Selectman Blessington said he was not sure what the hurry is to call the meeting for as of yet. We don’t have a contract yet. Selectman Millix asked the harm in calling the meeting? Selectman Blessington said that the Parks and Rec Commission went about the request for the call of the meeting a bit backwards, and should have come before the Board of Selectmen prior to going to the Board of Finance. Also, he asked who would administer the Grant? John Patton said that he and Teri Gareau will work on the Administration. Discussion was held about prevailing wages for new construction versus remodeling. Mark Palmer said that we will not know the requirements of the contract until we get the paperwork. John Patton said that prevailing wage will not come into factor, as it is not required
for new construction. First Selectman Mailhos asked who decides what the project entails. Mark Palmer said that OPM does, and we will find out when we get the paperwork. Selectman Blessington said he is concerned with calling the Town Meeting as there was a case in the past where there was a new project, and the final outcome was that it was called a renovation. He would like to wait until we get the information in writing. First Selectman Mailhos asked why it is so time sensitive. John Patton said that the Parks and Rec Commission is excited to start the program and would like to start the planning stage. She also asked the argument in holding off. Selectman Millix said we should proceed with caution; to be sure we comply with the stipulations. Selectman Blessington said he is very nervous, because we will need to make sure that all of the stipulations of the grant are complied with. We should wait until we get the paperwork and do it the
normal way. John Patton said either way the motion will not change; nothing will be expended or signed until the grant has been completed. The bottom line is that the project will not begin until the First Selectman reviews and signs the paperwork. Discussion was held on whether or not to use a Grant Administrator. If the Grant Administrator is used, and makes a mistake, then they will be liable. First Selectman Mailhos said she is not seeing the urgency is for calling the meeting, or why we should wait since it doesn’t make a difference, we might as well do it now. The other issue would be to adopt Wilderness Way as a Public Road; due to the upcoming storm season.
Selectman Millix seconded the motion.
Vote: 2 yes (Mailhos, & Millix) 1 No (Blessington)
Good & Welfare:
First Selectman Mailhos said that she is pleased to announce that she has found a volunteer to Chair Willington Day. Jennifer Locke Jeffreys is very excited and has already begun planning for next year’s event.
Also, First Selectman Mailhos has been informed that Justin Hollister of 51 Hall Hill Road has graduated at the top of his class from Lackland Airforce Base Training in November. She will send him a congratulatory letter.
Selectman Blessington motioned to go into Executive Session to Discuss the FOI Appeal with the Attorney at 7:23 P.M.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Blessington motioned to come out of Executive Session at 9: 09 P.M.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Blessington motioned to adjourn the meeting at 9:10 P.M.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Respectfully submitted,
Robin H. Campbell
Robin H. Campbell
Administrative Assistant
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