BOARD OF SELECTMEN
Special Meeting Minutes
Town Office Building March 12, 2010
Selectmen’s Conference Room 11:00 A.M.
First Selectman Mailhos called the meeting to order at 11:00 A.M. with the following in attendance: Selectman Millix & Blessington with Attorney Kari Olson and Residents.
A. Call Town Meeting for adoption of Wilderness Way
First Selectman Mailhos stated that she had intended to call the Town meeting on the regular Board of Selectmen meeting on Monday, but it came to our attention that we would need to hold the meeting within 21 days of the signed petition being received, and having to post the warning in the paper only left today as an option to call the meeting.
The petition received was signed by 23 Residents in Town.
First Selectman Mailhos made a motion to warn 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 in the COMMON ROOM at the TOWN OFFICE BUILDING at 40 OLD FARMS ROAD in Willington on March 23, 2010 at 7:00 P.M. for the following purposes:
ITEM 1
To see if the townspeople, on the recommendation of the Board of Selectmen will accept Wilderness Way as a Town road.
Dated this 12th day of March, 2010
Selectman Millix seconded the motion.
Open for discussion.
Selectman Blessington said that it has been petitioned. Any discussion will be taking place at the Town meeting itself. Jim Poole said that it’s a miscarriage; an execution of the state legislative statutes of Town government. The constituents decided to call for another vote. He believes it will be voted down again and the Town Attorney should be prepared to go to trial. He is hopeful that is the case, otherwise he sees no reason why we should be under a town meeting form of government, and should form a charter form of Government immediately.
Attorney Olson said that the board does not have any discretion not to call Town Meeting, respectfully of the petition. Mark Palmer said that the Board could act on the petition if they deem it to be not frivolous. They do have that option, and make the determination that it is frivolous because it was a unanimous vote at the previous Town Meeting.
Selectman Millix said that the bottom line is that a petition was signed and certified by the Town Clerk, the Board needs to act on it.
Mr. Poole said that it is curious to him that some members of the Town would take the action for the petition, yet the developer chose not to. Out of the 23 people who signed the petition, 80% of them felt that the Town Meeting may have gone the other way. He said that he doesn’t think it will sit well with many people in Town. Because the Town was not represented at the previous Town Meeting, and there was nobody there to answer questions, it could have had a different outcome. That may not be the case. People have different opinions of that road based on their own observations. He would strongly recommend that the Town Engineer, Public Works and Planning and Zoning be there. First Selectman Mailhos said that they were not there at the previous meeting; that was part of the
problem. Mr. Poole said that it has been accepted practice for many years. All of a sudden there is a “no vote” and it is not an accepted practice anymore. Mr. Poole said he thinks the road should have been accepted. Since the early 1700’s the Town form of Government has been used as a viable product. People come vote and the decision is known, it is accepted and we move on. He said that he cannot find no others in history that says that we voted no, and 5 weeks later we then vote yes.
Mr. Crossen met every requirement set forth by Inland/Wetlands and Planning and Zoning. He did understand early on in the process that the final acceptance of the Road would be voted upon at a Town Meeting. Even Mr. Crossen chose not to attend that meeting.
Attorney Olson said that she has not spoken with Mr. Crossen directly, but her general understanding is the process with these types of subdivisions are to be adopted at Town Meetings, and it is her understanding that Mr. Crossen was asked by P&Z for that purpose and a contract was executed with the town that suggests that the Road would be accepted – the problem that we have is that it is open to interpretation. The approval of the Road already went through Wetlands approval as well as was recommended by Planing and Zoning. The fact is that they weren’t there at the meeting to answer questions, for the people that have concerns.
Mr. Palmer said that it has nothing to do with being approved at Town Meeting. Mr. Poole said that his point of argument is that Mr. Crossen had a remedy to petition to go to Town Meeting, but Mr. Crossen sent a letter with intent to sue if the road is not adopted. His peers in Town have taken to petition on Mr. Crossen’s behalf. Selectman Blessington said that he agrees with Mr. Poole, you hear the same arguments at the election time the people don’t understand so you keep having elections until the people keep getting it right. He stated that unless the Board declares the petition frivolous, he is not willing to go that far. Mr. Palmer said that he is bothered that Mr. Crossen didn’t even have a good effort to pass the petition himself. This is his issue, and the person who did
pass the petition did not vote yes. It was a unanimous vote of no at the meeting. First Selectman Mailhos said that there was a clear request for more information at that meeting. Mr. Palmer said that this comes dangerously close to a frivolous request.
Attorney Olson stated that we have a Statute that we need to abide by. Calling the petition frivolous at this point could open up a can of worms and probably worse can of worms than going forward with a Town meeting to allow the people who petitioned and those who were there the first time to come and have a full and fair hearing on the issue. First Selectman Mailhos said that there will be answers at the next meeting.
Mr. Poole was curious about the contract former First Selectman Eldredge signed with Mr. Crossen. First Selectman Mailhos said it is the Town of Willington Standard Agreement for Construction and Installation of Public improvements and utilities. Mr. Poole asked who executed this on behalf of the Town? First Selectman Mailhos said Mike Eldredge. Mr. Palmer stated that for roads that the option is that the First Selectman can prove that it is constructed the way the requirements are set within Town regulations. Attorney Olson said that it is a standard agreement that Willington has used for a number years. She understands that it predates Attorney Branse and her firm had not seen it. It is outdated, and they would have revised. It tells the developer what is required of them. There is a sentence
in there that talks about accepting the road at Town meeting, and it up for interpretation. Mr. Palmer said that it probably predates the planning commission requirements. Attorney Olson said that now that they are aware of it, they would recommend revising it.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Meeting was adjourned the at 11:25 A.M.
Respectfully submitted,
Robin Campbell
Robin Campbell
Administrative Assistant
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