BOARD OF SELECTMEN
Meeting Minutes
Regular Meeting December 21, 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 motioned to approve the minutes from December 7, 2009
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Discussion was held to review the minutes from the joint meeting held on December 1, between the Board of Selectmen, Board of Finance and Board of Education. There was question as to who should approve the minutes. First Selectman Mailhos said that the Town Clerk suggested that the Board of Selectmen would be the group to approve the minutes, as they were the ones who called the meeting. First Selectman Mailhos said that she would like to hesitate to approve them until they received comments from the other two boards.
Motion tabled.
Present to Speak:
no one.
Correspondence:
A list of correspondence was available at the meeting and in the Selectman’s office.
Public Works:
Lynn said that Kechkes Bridge has been opened for the winter. A base coat has been applied on the bridge deck. It is not finished yet. The bypass road has been closed with orange barricade barriers. Snow has been plowed in front of the barriers as well. Right now the ground is too frozen to put a gate up – it is scheduled to go up in the spring. Selectman Millix asked if the bypass road is properly closed? Lynn said that at the moment, no one can get past the barricades.
Moose Meadow culvert is 100% completed.
Lynn requested to have an ordinance for parking and snow removal and have it posted in the minutes and on the website. People are letting water and putting snow on the roads and it is freezing up. First Selectman Mailhos asked if that included mailboxes too? Lynn said that there is an ordinance for mailboxes, and she will pass that along too. Per the Post Office, the Town is only liable to replace mailboxes if the plow hits it. If they are knocked down from the force of the snow, it is the owner’s responsibility to replace. It is handled case by case
Fire Chief Mike Makuch asked if Public Works could put more enforcement on the issue this year. There is an area on Navratil Road where the snow is pushed across the street on a curve, but the snow piles up 1 to 2 feet in the road around a corner, making the road narrower than what it is. Lynn said that the people who plow their driveways don’t understand when they push the snow out of driveways, the snow freezes and it is like hitting a rock wall, and Public Works cannot push it off the road any further. They try to enforce. First Selectman Mailhos asked if fines have been issued? Lynn said that she was not allowed to issue fines. There are numerous repeat offenders. We should post the ordinance and go back to issuing fines.
John Patton commented that Putnam Welding has done a great job on the Kechkes Road Bridge so far.
Old business
A. Discussion of FOI Appeal
First Selectman Mailhos said that the Board has talked about the issue and met with the Town Attorney a few weeks ago. The Board needs to come to a decision as to whether or not they should drop the case. She asked if there were any questions regarding the case. Selectman Blessington said that the next court date is scheduled for January 7th. They should just go ahead and have it taken care of and have a final answer. Selectman Millix said that based on the info he has received and the meeting with the Town Attorney, the opinion was that there is no benefit to the Town to proceed. There is no benefit to spending another dollar on it. The Town has already spent a lot of money on the issue already. The ruling on the FOI Commission: there is no harm to the town. He said he will not
support legal proceedings if it violates his core values. We should move on and accept it the ruling and be done with it.
Selectman Blessington said to drop this case now would be wrong in so many ways. Selectman Blessington read the following statement:
“To drop this case would be wrong because I expect we will win in court. This may be behind Mister Patton’s frantic insistence that we drop it. He insists that it is settled law. It is not. That is why we are in court. This interpretation of the law is brand new and was made into law by a bizarre decision of the Freedom of Information Commission. How they reached that decision is a matter we will get to shortly. Suffice it to say that it flew in the face of their findings of fact. And that brings us to…
To drop this case would be wrong because we will not stand up to a bully. In the classic western movie, True Grit, fourteen year old Mattie Ross accompanies a grizzled old marshal to Oklahoma territory to search for her father’s killer. Whenever anyone denies her wishes, she threatens to call her attorney, the esteemed J. Noble Daggett, and take the matter to court. Finally the old marshal, portrayed by who else but John Wayne, drawls, “She draws that lawyer like a man would draw a gun.”
Well, I believe John Patton might be a direct descendant of young Ms. Ross. She used her lawyer to bully people. So does he. She used him to obtain concessions from people that were not rightfully hers and so does he. But the fact that he uses the law to get what he wants does not make him right. Oh, he will insist that he is right. He once sued the Town of Willington and many of its citizens; myself included. After much expense for the Town and some of the people named in the suit, we went to court.
If Mister Patton’s attorney had any common decency he would have resigned from the Bar and gone and joined a monastery after that day. Even I cringed as the poor man admitted to the Judge that they had no case in law. Then he abjectly begged the Judge to change the law. And I mean abjectly. He stopped short of dropping to his knees and clasping his hands in front of him. Just barely.
The Judge explained to the attorney, as he should never have to do, that he cannot change the law. The law was passed by the Legislature, it passed constitutional muster; therefore it was not within the power of the judiciary to change the law. He dismissed the case out of hand.
Mister Patton appealed.
He appealed to the District Court. My attorney warned me that we might not get a quick verdict. He said there was no way we could lose but that it would be heard by a three judge panel and they would probably not issue a decision until they had conferred. And on the day of the hearing he called me, jubilant. The judges did rule from the bench. They did not feel the need to confer; they passed a few notes among themselves and dismissed the case. Mister Patton’s case was that weak.
Yet to this day Mister Patton has followers who are willing to explain to me that these four judges, with decades of experience behind them, having been talented enough to reach high levels of trust and confidence among their peers, having been appointed to lofty levels of jurisprudence; these judges didn’t understand the law. They did not know the law well as Mister Patton did.
So I take it with a grain of salt when Mister Patton, in accordance with his vast and unquestioned knowledge of legal matters, loudly claims that this law is settled.
To drop this case would be wrong because it would leave the Board of Selectmen in his power. At a social function the other day all three of us were in attendance. We chatted pleasantly. The First Selectman told me a story of a chimney fire at her house. She was favorably impressed with the response of the Fire Department.
This was an innocuous conversation. I do not believe it was wrong or illegal in any way. No public matters were discussed. It was just a social function.
Yet, the Town subsidizes the Fire Department. Suppose at some time in the next two years a controversy should arise over that subsidy. We had discussed the efficiency of the Fire Department. Would that make our conversation an illegal meeting?
Looking at the history, that would depend on whether or not we did what John Patton wanted. We would not have to worry about an FOI complaint unless we crossed him. Then he very easily could and would go after us. How do we avoid this? Very simply. Do what Mister Patton wants. As long as we on the Board of Selectmen are good little boys and girls and do what we are told we will not get in trouble. Repeat the mantra, do as John Patton wishes, do as John Patton wishes. We must not do this.
To drop this case would be wrong because we would lose any chance of ever finding out the background behind this curious decision. And it would be a good thing to find out. I say it is curious but perhaps bizarre would be a better word. When a case comes before the FOI Commission it is heard by a Hearing Officer. The Officer then writes a report and a recommended finding. The case then goes before the Commission. The Commission almost always adopts the Hearing Officer’s report and recommended resolution, except in this case.
In this case the Hearing Officer’s findings of fact were not challenged. A few words were changed in his report. The resolution was changed from dismissal of the case to a finding that the violation occurred. This appears to be result driven. The facts of the case as found by the Hearing Officer indicated dismissal. The Commission did not challenge the facts. They simply changed the result, contrary to any rhyme or reason.
I wondered if this was common practice by the Commission. I went to look for another case where the Hearing Officer’s conclusion was reversed.
In the meeting of May 13th, the Commission decided thirteen cases. Twelve of these were affirmed without comment. One, this case we are discussing, was reversed by the Commission.
So I went to the minutes of the next meeting, on May 27th. Here they heard twenty cases and unanimously confirmed the Hearing Officers recommendation in all of them. Would I never find a reversal? I went to the minutes of the next meeting, on June 10th. And here I struck pay dirt. Of the fourteen cases heard that day, one was reversed. Finally! And was it apparently result driven, the way the Willington case was? Well, no.
There are sixteen pages in which the case is discussed and various facts are corrected. Different facts, different conclusion. Sounds reasonable to me.
So here are forty-seven cases heard by the Commission. In forty-five of these, the Hearing Officer’s report was adopted without comment. In one, the Hearing Officer’s recommendation was reversed with large changes in finding of fact that justified the new result.
And in one case, ours, the results were changed without changing the findings of fact, making for a rather incongruous conclusion. So something is seriously wrong here. To allow bad law to be made by a commission of dubious competence and integrity would be scary and dangerous. I therefore ask you to vote to continue this case in court.”
First Selectman Mailhos asked that because it was a rare case for them to reverse the decision, as there are no new facts; wouldn’t it bolster the argument that it actually had merit? It is hard to persuade to go the other way. Selectman Blessington said in the other cases, the findings of fact were not challenged thus were not changed. First Selectman Mailhos said we are talking about technicalities as the reason why we may or may not win in court. Technicalities are not a good reason to go forward. She agrees with Selectman Millix – we spent a lot of money on this so far. It will not end after a day in court. Selectman Millix said that there is no smoking gun here, no compelling reason – even based on the meeting with the Town Attorney to go forward with this except for the reason that
Selectman Blessington wants to stand up to somebody he doesn’t agree with or care for. If he wants to do that it is his business, don’t make the Townspeople pay for it. Selectman Blessington said that we as a Board may pay for it, as he feels John Patton goes to his lawyer as a man would draw a gun. John Patton said that he has no lawyer. If you keep saying it – it doesn’t make it true. He hasn’t paid a cent for a lawyer – you sued me”.
Selectman Millix said this is ridiculous. Selectman Blessington said John Patton will use the FOI as a plug to get his way. Selectman Millix said he doesn’t care about John Patton. He cares about what is right for the Town of Willington and doing what we are supposed to do as elected officials. It sounds like you want to settle a personal vendetta, and we should not be using taxpayers dollars to do it. Selectman Blessington said we should fight it.
Mike Makuch asked if the two parties can come to an agreement – some type of non-disclosure without having to spend any more money – sign a paper, and be done with it? First Selectman Mailhos said that it is over done, different people and different circumstances. If the new Board knows not to do that, they will not do it. If you can tell her what the value is: $10,000 or $15,000 – whatever it costs, she would love to know. She also agrees that it is not 100% that we would not win – even the lawyer said that it is not a guarantee that we would win.
Selectman Millix motioned to cease any further legal action against the State of Connecticut FOI Commission and Mr. Patton and accept the FOI Commissions findings as found in Docket number FIC-2008-351.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos, Millix) 1 No. (Blessington)
Motion passed.
First Selectman Mailhos added that she would like to see the Board of Selectman participate in an FOI class. It would be good for all of the boards and commissions to participate as well.
New Business:
A. First Selectman Status Report
First Selectman Mailhos presented the first draft copy of the report, and apologized to the other Selectmen, as she had hoped to get it to them on Friday for review prior to the meeting. First Selectman Mailhos said that the report will list all of the things that are going on – Grants, Public Works, administration and litigation for the Town. She asked the two Selectmen to let her know if there is something else that they would like to see on there, perhaps add columns or projects, to let her know. Selectman Blessington complimented First Selectman Mailhos and said it is a very good idea and will be very helpful.
Jim Poole asked if that is something that would be available to view on line? First Selectman Mailhos said that some if it can, but right now there are some things that cannot be publicly posted, as there is litigation information on there, but we can separate the information that cannot be posted.
B. Appointments
First Selectman Mailhos motioned to Re-Appoint William Bailey – Regular Member - Willington Historic District Commission - effective immediately – expiring December 15, 2012.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to re-Appoint Rosa Helena Chinchilla – Regular Member –Willington Historic District Commission- effective immediately – expiring January 1, 2015.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Don Berg – Regular Member - Housing Authority - effective immediately – expiring August 1, 2014.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Ed Taimen – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Blessington seconded the motion
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Jim Poole – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Ralph Tulis – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Millix seconded the motion
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Mark Peczuh – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Carol Springer – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos motioned to appoint Norm Nadeau – Regular Member Renewable Energy and Conservation Advisory Committee – effective immediately.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
C. Adopt Resolution for River Road Recreation Complex
The following Resolution is part of the STEAP packet to authorize the First Selectman to execute the Grant that the Town is receiving
First Selectman Mailhos read the resolution:
RESOLVED, that Christina B. Mailhos; Chief Executive Officer of the Town of Willington be and hereby is authorized to execute on behalf of this municipal corporation a River Road Recreation Complex STEAP 2010-24 with the State of Connecticut for financial assistance to Improvements to the River Road Recreation Complex.
IN ADDITION, that Christina B. Mailhos is hereby authorized to enter into such agreements, contracts and execute all documents necessary to said grant with the State of Connecticut.
BE IT FURTHER KNOWN that Christina B. Mailhos was elected First Selectman. Her term of office began on November 17, 2009 and will continue until November 22, 2011. As the First Selectman, Christina Mailhos serves as the Chief Executive Officer for The Town of Willington, and is duly authorized to enter into agreements and contracts on behalf of the Town of Willington.
Dated at Willington, Connecticut this twenty-first day of December, 2009.
Selectman Blessington motioned that the resolution be adopted as read.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
D. Safety and Facilities Committee
First Selectman Mailhos said that currently we have a safety committee but it is lacking in members. We need to recruit some people for the committee. She also said that we do not have a Facilities committee. The Board of Education has one and it has worked out well. They have a spreadsheet that lists all parts of the municipal buildings; and a lifetime expectancy; cost to fix, cost to replace, etc. This spreadsheet would also be useful for CIP planning. She would like to add the charge of looking at the facilities to the charge of the committee. The reason for the Safety committee is a requirement from the Insurance Company; who has OK’d this change. Selectman Millix and Selectman Blessington said that it was a good idea.
Selectman Blessington motioned the name of the safety committee be formally changed to Safety and Facilities Committee.
First Selectman Mailhos seconded the motion.
Currently the requirement of members for the committee includes a member from the following departments: Union Members, Public Works, Management, Fire Department.
Lynn said that years ago the Committee used to go through the buildings, but nothing ever was taken care of.
First Selectman Mailhos motioned to change the charge of the committee.
Selectman Millix seconded the motion.
It was suggested that First Selectman Mailhos should write up an official charge for the committee. She agreed and said she will have it for the next meeting, with hopefully some new members.
Motion withdrawn.
Vote on changing the name of the Safety Committee to the Safety and Facilities Committee: 3 Yes (Mailhos, Millix & Blessington) 0 No.
E. Contract renewals for WFD#1 & WHFD
Discussion was held on the contracts for both Fire Departments. The Contracts are overdue, since 2005, and need to be renewed. Both Fire Departments reviewed the last one they had. Fire Chief Makuch asked the Board if they wanted to make changes to the current contract. First Selectman Mailhos has not seen the contracts; they were brought forth by the Board of Finance. Selectman Blessington suggested the First Selectman review the contracts with the Fire Department Chiefs. Mr. Gantic said he would step in for Selectman Millix, as he is the Fire Chief for Willington FD#1. Selectman Millix stated that he will absolutely recluse himself from any type of negotiations or discussions regarding the execution of the contracts between Willington #1 and the Town, both Fire and EMS. Draft copies were
handed out from Willington FD#1 for First Selectman Mailhos to review. She will contact Board of Finance to review.
F. Discussion of Treasurer Position
As everyone is aware, we have a vacancy in the Treasurer’s office. The Republican Town Committee has put forth a candidate - Tish Ignatowicz . Selectman Blessington said that she comes highly qualified and highly recommended by a lot of people. Ms. Ignatowicz said she can start immediately.
Selectman Millix motioned to appoint Patricia Ignatowicz to the position of Town Treasurer effective immediately; until the next local election.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Good & Welfare:
Lynn Nicholls said she would like to thank Walt West and his family and the group that helped put the lights on the tree on the Town Green. Walt does this every year. This year it was very nice and went very well with the extra help from Tom Ernst with his boom truck from Ernst Bros. Tree Services; Mike Kenderdine and his friend, John; Miranda and Courtney West; Rob and Sydney Lombardo; Amanda and Cassidy Misuraca; Mark Ehret and Marilyn Cole.
Also, Lynn said that the overwhelming generosity of the Townspeople really got to her when she saw all of the packed food and gifts that Youth and Family Services is handing out. It should be noted how hard people have worked; between the Boy Scouts, the Girl Scouts, St. Jude's, Troop C, New Alliance Bank Customers, Center School, Town Hall workers and friends; adoptions by Willington families and the Sportsmans Club.
Selectman Millix asked if there was a list of everyone who participated. Lynn said there is probably one, but some people may be overlooked, and doesn’t want to hurt anyone’s feelings if they are not mentioned.
Selectman Blessington said he wanted to compliment Robin on the thoroughness and well written minutes from the last meeting.
First Selectman Mailhos said that she and her family were unfortunate victims of a chimney fire this past week. She has been telling everyone about it because it can happen to anybody – especially this time of year She thanked the Fire Department.
First Selectman Mailhos said that the Town has received a request to nominate heroes from Northeast Connecticut from the American Red Cross. Anyone can nominate someone who has done something heroic. The deadline is December 31. We will put this on the Town Website.
Selectman Blessington motioned to adjourn the meeting at 7:22 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
| 
