BOARD OF SELECTMEN
Meeting Minutes
Regular Meeting April 18, 2011
Town Office Building- Lower Level 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 of April 4, 2011 as written.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Blessington motioned to approve the minutes of April 6, 2011 as written.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos moved to add an item F to the agenda: Flag Pole Lights
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Present to Speak:
Wilbur Gangaway of the Willington Senior Center presented a letter to the Board. The letter states that the seniors are requesting for the Board of Selectmen to approve a purchase of an automatic door closer for handicap accessibility costing $1,861.00 at the facility. The seniors plan to pay for it from their General Fund, however since the building is owned by the Town, they must seek approval first.
First Selectman Mailhos moved to add item G to the agenda named: Electric handicapped door closer for Senior Center.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Correspondence:
A list of correspondence was available at the meeting and in the Selectmen’s office.
First Selectman Status Report
First Selectman Mailhos went over the updated report:
*Center School Water Project – The connection is happening this week school is closed for April vacation.
*Turnpike Road Extension – Inland Wetlands Commission has approved the plan and the Town Engineer, First Selectman Mailhos and the Public Works Director met with residents who live on that road today to discuss the work plan. The Town Engineer will be getting the bid documents ready and will go out to bid soon.
*Performance Contracting – we are working on the RFQ and will prepare to go out to bid.
*Old Town Hall Renovations – We will formalize the funding documents at this meeting for the Grant.
*Transfer Station – As stated in other meetings, we would like to look into the option of charging for Transfer Station services. First Selectman Mailhos would like to ask the Solid Waste Advisory Committee to make recommendations on this, however we need to find more members to join the committee first. If anyone knows anyone who would be interested in joining that committee, please let us know.
*Building Inspector Job Opening – Our new Building Inspector has been hired and started today. We will appoint him at this meeting. His office hours will be Monday evenings and appointments as needed until we determine a regular schedule.
* Town Services Survey – Comments have been printed and are available to anyone wishing for a copy. First Selectman Mailhos will create a “FAQ” Document to answer some of the questions to clarify understandings that residents have about Town Government.
Selectman Blessington asked the status of the EECBG Grant, and if the project has been awarded yet. First Selectman Mailhos said that we had a delay due to lead and asbestos testing. We are also waiting for a formal recommendation to come in from the Energy Advisory Committee; however they are waiting for a documentation to clarify that the windows are American Made, which is a requirement of for grant compliance.
Selectman Millix asked the status of Polster Road Bridge. First Selectman Mailhos said that we have not heard anything from DOT regarding the repairs. First Selectman Mailhos said she would place a call to DOT.
Public Works:
Lynn said the crews are sweeping and working on storm detail. They are trying to stay ahead of it. So far, they have swept all of the Municipal lots, Y Road, Mirtl Road, Old South Willington Road, Old Farms as well as Clint Eldredge Road.
New Business:
First Selectman Mailhos moved to appoint Jim Rupert as an Interim Building Inspector, effective April 18, 2011.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos moved to refund an excess payment to Core Logic Refunds Department DFW1-3; P.O. Box 961250; Fort Worth, TX 76161 in the amount of $1342.77.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
- Award Bid- Landfill Groundwater Monitoring Engineering Services
First Selectman Mailhos stated that we have received three bids for the landfill monitoring. We requested a three year term of the contracts. The three bids received are as follows:
Firm: Fuss & O’Neill, Inc: Nafis & Young Anchor Engineering
Year 1 $8,300 $8,935 $9,700 *
Year 2 $8,390 $8,935 $10,000*
Year 3 $8,475 $8,935 $10,300*
* with additional $2,000 annual report
Total: $25,165 $26,805 $36,000
First Selectman Mailhos moved to award the three year Landfill Groundwater Monitoring Engineering Services contract to Fuss and O’Neill, Inc. for a total of $25, 165.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
- Willington Fire Dept. #1 Fire Fighter/EMT Union discussion
First Selectman Mailhos stated that the employees at Willington Fire Department #1 who service the Town as paid EMTs/Fire Fighters have petitioned to form a union. She gave a timeline of the history and how the Board of Selectmen became involved: On December 17, 2010, First Selectman Mailhos received a letter from the Connecticut Department of Labor which was also addressed to the local 222, CLU/CIPU, and to Tyler Millix in his capacity of Fire Chief. The letter was a notification of the petition and stated that there would be a preliminary conference on January 6, 2011. The Board of Selectmen, the Chairman of the Board of Finance as well as the Town Attorney were all notified at that time. The meeting held on January 6th ran as a standard procedure where SBLR verified signatures of
showing of interest cards. The Fire Department and Town executed a consent election agreement that in summary sets forth agreed upon unit of the employees eligible to vote in the election and resolves all legal objections that the department or Town may have had to proposed unit set forth by the union. The elections were held on January 27th and it was voted in the affirmative by the six eligible department employees. A preliminary meeting regarding ground rules was held on March 17. Negotiations are set to be held in May. First Selectman Mailhos clarified that any internal discussions have included herself, Selectman Blessington, Tyler Millix in his capacity as Fire Chief, (as well as Selectman), Ron Gantick, President of the Fire Department, Donna Latincsics, Business Manager and the Town Attorney Matt Curtin. As we get closer to the negotiation date, we need to formalize the negotiation team. This is a unique situation because
of the role of the Town and the services provided by the Fire Department. The Fire Department Employees are not considered Town Employees although by definition they are “municipal employees”; they fall under the MERA Act (Municipal Employees Relations Act). Ron Gantick, President of Willington Fire Department #1 has requested to have representation from the Board of Selectmen (with the exception of Selectman Millix, who will serve as Fire Chief) as well as a member of the Board of Finance to be involved in the negotiations. Selectman Blessington asked if we are obligated to put a certain amount of money out to support the contract. First Selectman Mailhos said their budget process will not change. Peter Latincsics stated that he does not recall mention of forming a union in the revised Fire Services Agreement which was signed on January 6, 2011. There seems to be a discrepancy. First Selectman Mailhos said the Fire
Service agreement has nothing to do with it, and the union hadn’t been voted on by the employees until the end of January. He also asked if it restricts our flexibility in the future for the Town to contract or change Ambulance services. He then asked if the Town Attorney reviewed the agreement in the context of having a union represented in the Fire Department. This is a fundamental change with the Fire Department, and they will now be seen as Town Employees. First Selectman Mailhos said there is no contract to compare anything to, and we haven’t even started the negotiations yet and they will not be Town employees. She said the contract will definitely be reviewed as part of the process. Selectman Blessington said we don’t have an option and once they decide to unionize, we cannot say no. His concern is who is going to have the responsibility to negotiate with the union. Mr. Latincsics said the negotiation team should have the
interest of the taxpayers. First Selectman Mailhos said this is a unique situation and we are trying to figure out the best way to move this along. This has never been done before, and we want to make sure we understand what we are doing before going forward. Mr. Latincsics suggested that Selectman Millix recuse himself from the negotiation team, referencing how the Board of Education negotiates, and the Superintendent does not vote. Selectman Blessington concurred. First Selectman Mailhos said this is not similar to the way the Board of Ed runs their negations; the Board of Ed is made up of elected officials and they have more employees who fall under various management. The Fire Department is run differently. The Fire Department is run by the Fire Chief, who is responsible for all personnel, including paid staff as well as day to day operations. The Board of Directors is made up of fire personnel. Mr. Latincsics referenced the MERA Act
handbook, and requested to view a copy. First Selectman Mailhos said we don’t have the handbook in the Selectmen’s office but it is available online. She read part of MERA Act 7-467 which references the definition of a “municipal employee” for purposes of collective bargaining:
‘Municipal employer’ means any political subdivision of the state, including any town, city, borough, district, district department of health, school board, housing authority or other authority established by law, a private nonprofit corporation which has a valid contract with any town, city, borough or district to extinguish fires and to protect its inhabitants from loss by fire.”
She then went on to say the Fire Department personnel do not report to the First Selectman; they report to the Fire Chief. Funding for Fire Department payroll comes from a grant, which goes through the Town. Selectman Blessington said that The BOS does not sign their paychecks. We reserve a block of money to the Fire Department each year. They could be a little more liberal since they are bargaining with someone else’s money. Selectman Millix said the Fire Department has been an employer of Fire Fighters and EMT’s since 1968. They have been a responsible employer and have been frugal running the services they provide. The employees have not gotten a pay raise in over 5 years. Mr. Gantick said that the Ambulance is an income source which brings money into the Town and is infused into
payroll. This fiscal year has brought more money than in years past. Selectman Millix concurred that they collect revenue; sometimes more than what payroll costs; especially to have two people on around the clock. Selectman Blessington said First Selectman Mailhos and the Town Attorney should take the lead and he changed his mind; Tyler should represent the Fire Department, as Fire Chief, which would be in the interest of the Town, however we should check with the Town Attorney first.
Selectman Blessington moved to appoint the First Selectman to represent the Board of Selectmen on the negotiation team as well as the Town Attorney and the Business Manager. A member of the Board of Finance will also be appointed by the Board of Finance.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos & Blessington) 0 No 1 Abstain (Millix)
It was clarified that the Town Attorney fees would be covered by the Selectmen’s budget.
- Resolution – Department of Economic and Community Development STEAP Grant: Renovations and Restorations of the Old Town Hall
First Selectman Mailhos moved to adopt the following resolution:
WHEREAS, pursuant to CTS Section 4-66g, the Connecticut Department of Economic and Community Development is authorized to extend financial assistance for economic development projects; and WHEREAS, it is desirable and in the public interest that the Town of Willington make an application to the State for $100,000 in order to undertake the Renovations and Restoration of the Old Town Hall and to execute an Assistance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE Willington Board of Selectmen
- That it is cognizant of the conditions and prerequisites for the state financial assistance imposed by CTS Section 4-66g.
- That the filing of an application for State financial assistance by the Town of Willington in an amount not to exceed $100,000 is hereby approved and that Christina B. Mailhos, First Selectman is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an agreement is offered, to execute any amendments, decisions, and revisions thereto, and to act as the authorized representative of the Town of Willington.
- That it adopts or has adopted as its policy to support the following nondiscrimination agreements and warranties provided in subsection (a)(1) of Connecticut General Statutes sections 4a-60 and 4a-60a, respectively, as amended by Public Acts 07-142 and 07-245, and for which purposes the “contractor” is the Town of Willington and “contract” is said Assistance Agreement:
The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the State of Connecticut. The contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin,
ancestry, sex, mental retardation, or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved.
The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the State of Connecticut, and that employees are treated when employed without regard to their sexual orientation.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos said that the Parks and Recreation Commission is thinking about getting a flagpole down at the River Road Athletic Complex. They would like to get a flagpole that has solar lighting, which would be the less expensive option considering installation cost and ongoing electricity expenses. The problem is that our Town ordinance states that there is to be no “up lighting.” Selectman Blessington suggested taking the flag down at night, that way we don’t have to worry about light at all. First Selectman Mailhos said compliance will be an issue. Selectman Blessington agreed that we have trouble with the flags that are already around Town. First Selectman Mailhos would like to ask to have the regulation changed and asked the other Selectmen if they would support requesting the change. Both Selectmen Millix and Blessington agreed they would support the request the change.
- Electric handicapped door closer for Senior Center.
Mr. Gangaway said that the seniors were not happy with the work of the original contractor, so they got a bid from another company. They are a private entity, and the quote is under the $5,000.00 requirement, so they are not obligated to get more than one quote.
Selectman Millix moved to authorize the Willington Senior Center Executive Board to install an automatic door opener to the inner door in the main entrance which will be funded by the Willington Seniors in the Senior Center Building.
First Selectman Mailhos seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Mr. Gangaway also gave the BOS a head’s up that the Senior Center is going to be looking into adding a shed onto their property in the future.
Good & Welfare:
First Selectman Mailhos informed everyone that the Relay for Life Team is going to sponsor a Town wide Tag Sale. Residents can register to put their address on the map ($15) or rent a space here at the Town Office Building ($20). The sale will be on Saturday, May 14th. Contact the Assessor’s or Revenue Office for more information or to have your home sale location advertised on the map.
The other thing that is coming up is the annual Joe Green Memorial Easter Egg Hunt, which is held at the Willington Hill Fire Department as well as the Town Clean Up Day, sponsored by the Willington Girl Scouts. At least ½ of the Roads in Town have been adopted, but we are still looking for more volunteers. Contact Teri Gareau in the Parks and Recreation Department or stop by the Transfer Station to register the morning of the event.
Last week, First Selectman Mailhos attended a CCM event, where the Doomsday budget (“Plan B”) was discussed. It seems like it is more of a tactic to make people understand that the state and unions need to come to an agreement on concessions.
Resident Leo Mercado told Lynn that Burma Road looks great now that it has been fixed up. Lynn Nicholls, Public Works Supervisor said it is not done yet, but thanked him.
First Selectman Mailhos motioned to adjourn the meeting at 8:00 P.M.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
Robin H. Campbell
Administrative Assistant
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