BOARD OF SELECTMEN
Meeting Minutes
Regular Meeting October 3, 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 Millix motioned to approve the minutes of September 19, 2011 as written.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix, Blessington) 0 No.
Present to Speak
Andy Marco, Assistant Vice-Chairman of Planning and Zoning requested to be on tonight’s agenda but also asked to be moved up from New Business as he had another commitment to go to. His concern (on behalf of the Planning & Zoning Commission) is in regards to prior Board of Selectmen meetings where there was reaction to a resident’s concern on Michalec Road; and the Selectmen not wanting to seek P&Z approval. Mr. Marco referred to Connecticut General Statute provision 8-24 which automatically goes into place once a Town creates a Planning and Zoning Commission. The Municipality must adhere to the 8-24 (Municipal Improvements) provision. He then read part of the Statute and noted that it is inclusive of widening roads. The stature can be found at : http://www.cga.ct.gov/2009/pub/chap126.htm#Sec8-24.htm
Mr. Marco explained the process of the provision where the responsibility should be turned over to the Planning and Zoning Commission. The Commission will have 35 days to respond and submit a report. It would automatically be approved if they fail to respond within 35 days. He referred to it as a check and balance. If the report is acceptable to the Board of Selectmen, the project will move forward, or if they choose not to follow the rules of the report, a Town Meeting can be called at that time. Mr. Marco then offered two suggestions to help facilitate the issues. By sending an email to the commission with copy to the Chairman will put the item on the agenda for the next meeting and the commission must respond to it. Mr. Marco then said that he is going to suggest setting aside time at the end of the P&Z meetings to discuss incoming correspondence, which will speed up the process of the incoming requests.
Mr. Poole then referenced BOS minutes from a meeting held on March 21. First Selectman Mailhos interrupted him. She said that a completely separate issue was discussed at the March meeting. It was the same resident on the same road, but a different issue regarding a bus turn-around. The idea that this started in March is completely false. She said the resident sent an email to her in July, she thinks, regarding the issue about the trees. And he then came to a meeting on August 1st and brought it up.
Mr. Poole then referenced minutes from August 1st regarding the status of cutting the trees. On September 6th an email was referenced and comments from that meeting came from Selectmen Blessington and Millix who said that they were tired of the issue taking so long. Mr. Poole then said that no formal request was made to P&Z until at their September 20th meeting, where it was handled immediately. He does not understand how the BOS could be frustrated with Planning and Zoning as they hadn’t heard about the issue until that meeting.
First Selectman Mailhos explained that on August 1st, Mr. Roberts came to the meeting to discuss cutting trees on Michalec Road. The Board did not feel that an 8-24 was required as it was just cutting trees. First Selectman Mailhos then said she was going to check with Planning and Zoning and was delayed because the Zoning agent was on vacation. By the time she did ask, she was told it did need approval. The other Selectmen were more frustrated that they had to go through the process when they felt it should not have been so complex. Mr. Poole said that the statute states that it is not optional.
First Selectman Mailhos argued that because the area was so small (less than 5 feet of road) she did not think it would cause a problem and that the concept of “widening” could be subjective.
Selectman Blessington agreed and said they considered it as removing a tree that was growing in the road. He said his frustration is more with the land use department than the P&Z Commission and the common sense problems we face, no matter what happens; there is a feeling that the decision must be made by Planning and Zoning. Mr. Marco said that we all follow common practices every day with our jobs; why is it so hard to follow the rules in our capacity as officials? A small discussion was held on the Willington Hills Equestrian center.
Selectman Millix thanked both Mr. Marco and Poole for coming to the meeting. He said the frustration he expressed was with the requirement of the 8-24 and the concept of widening the road, where his focus was removing the trees; not drainage, improvements or anything else. It is a safety issue and it was taking more time than it should have. He also did not realize until now that it was not brought before the commission until September 20th. Mr. Marco said we all need to get better at the process.
Mr. Poole told Selectman Blessington – you swore you would take fiduciary responsibility for the Town and to follow the rules and regulations established by the Town of Willington. If you cut the trees, (without approval) you would leave us no choice but to follow our sworn duty which is to sue you – and that is ridiculous. Cutting five trees is not the entire issue. Once the trees are cut, the stumps would need to be pulled and then the holes filled, thus widening the road, that is the problem. He then said that at the P&Z meeting they gave Lynn the authority to remove any other dangerous trees while the tree crew is out there. It just makes sense.
Selectman Blessington said he disagreed and thinks that there are things he feels that should not have to go before Planning & Zoning. He also does not agree that the Town needs a Plan of Conservation and Development, but once in place it must be followed.
First Selectman Mailhos said she wants it known that we are grateful for the Planning & Zoning Commission for all they do. She knows it is a tough job and they put in a lot of time. Sometimes you need to tell people what they don’t want to hear, but the Commission handles it well. This particular issue has caused a lot of frustration. Things were said that perhaps should not have been said and she will take responsibility for what happened on the Selectmen’s side. Selectman Blessington said he can retain a good part of the responsibility as well. Mr. Poole said the P&Z minutes have not been accepted yet and invited the Selectmen to the meeting Tuesday night to request edits. Selectman Blessington said that minutes depict what was said, not wishing what was said.
Correspondence:
A list of correspondence was available at the meeting and in the Selectman’s office.
First Selectman Status Report
First Selectman Mailhos went over the updated report:
*TOB Lower level flooding – we have received 4 quotes for repairs to the conference room floor. We have $8,000 in insurance money for the repairs. We will begin renovations once we evaluate the quotes and recommendations.
*Knowlton Property – the Board of Selectmen will make a resolution regarding the easement and signing authority. It will then go before an 8-24 review. This will give us the deed to process and record.
*Turnpike Road Extension – Lynn said they installed the bulk heads on the pipe and tomorrow will be pouring the slurry. Once the slurry is installed they can peel the asphalt and finish the job – perhaps next week. The concrete culvert which was placed worked great last Thursday during the heavy rains.
*Potter School Road – Lynn said the crew will be working there next week. They cleared the way for the excavator. The pipes and liners have been delivered and should be installed on Wednesday.
*Burma Road Repair – we need to determine the amount of funding to seek from the Board of Finance.
*Performance Contracting – the Energy Advisory Committee has made a recommendation to go with Connecticut Conference of Municipalities. The CCM Energy Group will start the audit process, which is free.
*CIP Requests – The deadline to submit requests is October 17th. The BOS will meet to discuss what should be on the list. Lynn and Karl will also get a list to submit to the BOS. First Selectman Mailhos would like to add renovating the Town Office Building in the out years. It is something that needs to be done.
*Personnel Policy Review – a meeting will be scheduled to review the current Personnel Policy. The Board will meet on October 24th.
Jim Poole suggested disbanding the Facility Study. It has been going on for 2 ½ years and no conclusion has been made.
Public Works:
Lynn said she has received paperwork from FEMA reimbursements from 2007 storm damage.
The crew is still working on storm damage and sweeping the chip seal route as well as roadside mowing.
- Award 2011-2013 snow plow bids
Due to last years budget cuts it was recommended to reduce the number of contractors from 4 to 2. Lynn is working on the new routes for the drivers. We received 2 bids at the last meeting; Hipsky Construction at $95.00 per hour and Sadow Construction at $94.95 per hour. Lynn is recommending awarding the contract to Hipsky Construction.
Selectman Millix moved to award the snow plowing contract for the Town of Willington to Hipsky Construction for 2 trucks at $95.00 per hour.
First Selectman Mailhos opened discussion.
She suggested awarding on an as needed basis to Sadow Construction. We might need to call them in on a limited basis, depending on the winter. Selectman Millix said he has reservations about that as we do not know what their back up labor rates would be. Selectman Blessington agreed and said the item on the agenda is to award the contract. It would be better to verify Sadow’s rates and negotiate separately.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
New Business:
- Peck’s Mill / Willimantic River Water Trail
Kathy Demers, Vice Chairman of the Conservation Commission and Vicky Wetherell of the Willimantic River Alliance were present. The Willimantic River Alliance has asked the Town of Willington to support their nomination of the Willimantic River for a national recreation trail. They have also asked the Conservation Commission to participate by working on the access plan – the Pecks’ Mill site. It is a piece of property (behind Franc Motors) that Willington owns and maintained by the Conservation Commission. It is only accessible via the river. There is a small trail that goes to the old Peck’s Mill foundation. The Conservation Commission approved the stewardship plan at their last meeting and is requesting support from the Board of Selectmen.
First Selectman Mailhos moved to approve the Stewardship Plan for the Peck’s Mill water trail access site on the Willimantic River
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Selectman Millix moved to have the First Selectman sign the letter of support which allows for public use of the site and improvements to site as needed.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Ms. Wetherell added that the trail provides more than 21 miles of paddling between Stafford and Windham, with one short portage at Eagleville Dam. Along the trail are 9 launch sites and two landings. The website: www.willimanticriver.org gives information on the boating routes as well as water conditions. They very much appreciate Willington’s support. First Selectman Mailhos also put in a plug for the Recreation Department, as there are 5 kayaks that are free for Willington residents to loan out. They are available to take down the
river as long as you have a truck, trailer or roof rack to transport them.
- Resolution – Knowlton Property
First Selectman Mailhos read the following Resolution
WHEREAS, the Town of Willington (“Town”) holds title to a certain tract or parcel of land containing approximately 138 acres within the territorial limit of the Town of Willington, commonly known as the Knowlton Tract (“the “Tract”), the Tract being subject to a Conservation and Public Recreation Easement and Agreement by and between the Town and the State of Connecticut, Department of Environmental Protection (the “State”); and
WHEREAS, the Town has been approached by the Connecticut Forest & Park Association, Incorporated (“CFPA”) to grant a Trail Conservation Easement (the “Conservation Easement”) for the Nipmuck Trail, which crosses the Tract, in return for a payment from CFPA to the Town of $10,000.00; and
WHEREAS, the Conservation Easement has been finalized and is ready for execution, and the State has approved the execution and delivery of the Conservation Easement by the Town.
NOW, THEREFORE, IT IS HEREBY RESOLVED: that, subject to compliance with the requirements of Section 8-24 of the General Statutes, the Town of Willington execute and deliver the Conservation Easement with CFPA over the Tract in return for a payment of $10,000.00; and
BE IT FURTHER RESOLVED: that Christina B. Mailhos, as First Selectman of the Town of Willington, is hereby authorized and directed, for and on behalf of the Town, to execute and deliver the Conservation Easement in such form and content as Christina B. Mailhos may approve; and
BE IT FURTHER RESOLVED: that the said Christina B. Mailhos is further authorized to certify the continued force and effect of the foregoing resolutions as binding on the Town of Willington to such parties as may have an interest in the same.
Selectman Blessington moved to adopt the resolution as read
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Ms. Demers also invited the Selectmen to the Dedication of the Royal Knowlton Preserve on Saturday, October 15th at 11AM (with a rain date of October 16th) the ceremony will begin on Mason Road at the trailhead. The Daley award will also be dedicated to an individual or organization chosen by the Conservation Commission.
First Selectman Mailhos indicated she would be sending PZC an 8-24 review request as soon as possible.
- W.R.T.D. fees for service
Tara Martin, Director of Willington Youth, Family and Social Services was present to request support from the Board of Selectmen as she will need to seek additional funding from the Board of Finance for Dial-A-Ride services, which are offered by the Windham Regional Transit District. She was notified that because of financial hardships; (losing 3-B grant money and Medicaid reimbursements); the services will stop as of November 1st if they do not receive additional $6,000 portion from Willington. This service is a line item in the WYFSS budget.
We cannot cut it completely as this is our only source for municipal transportation. With the additional $6,000, Tara said she should be able to continue the service to the end of the fiscal year, however this means that the service will be cut from 4 days per week to 2 days. The average cost per ride is $37.94 (which is one way). The breakdown consists of $17.97 payment from Willington, with a federal match of $17.97 as well as a contribution from the residents of $2.00. First Selectman Mailhos would like to see how important the service is to those who use it, but there is no way to find out as it is protected information (privacy law). The only way we might hear feedback is when the service is decreased. Mark Palmer suggested contacting Chaplin, Hampton and Scotland to see what they are doing to justify the
increase. He also suggested NECOG as an avenue. Tara said she will make the $6,000 allotment go through the end of the fiscal year however she can. First Selectman Mailhos said the final decision will come from the Board of Finance but she will offer support. Selectman Blessington said we cannot cut it completely.
First Selectman Mailhos moved to send a request to the Board of Finance for their consideration of an additional $6,000 for Windham Region Transit District Dial a Ride Services to continue service for the remainder of the fiscal year as negotiated by the WYFSS Director.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos moved to re-appoint Timothy Blauvelt as an alternate member of the Willington Historic District Commission – effective October 3, 2011, expiring January 1, 2016.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
First Selectman Mailhos moved to re-appoint Mary Beth Caron as a regular member of the Willington Historic District Commission – effective October 3, 2011, expiring January 1, 2016.
Selectman Millix seconded the motion
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
- Planning & Zoning concerns
(See present to speak)
First Selectman Mailhos moved to refund $95.66 to William H. or Marjorie Servedio; 16 Pinecrest Road for a sold vehicle credit.
Selectman Millix seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Good & Welfare:
First Selectman Mailhos mentioned the 9th annual car show which was postponed due to the rain last Saturday will now be held on Saturday, October 8th on the Town Green – same time.
First Selectman Mailhos led a discussion on an email received from Rosa Helena Chinchilla regarding the spotlight on the flag on the Town Green. It appears that the light is continuing to disturb neighbors in the Historic District. Awhile back a request was sent to the Conservation Commission as well as Planning & Zoning Commission to replace the light on the green with an up-light solar system, which might solve the issue. The Conservation Commission requested to comply with the dark skies initiative and P&Z also rejected the idea as up lighting is against Town regulation. First Selectman Mailhos would like to revisit the issue with Planning and Zoning and request a change to the regulation – perhaps for municipal use only. P&Z will be discussing the installation of a flag pole at the
River Road Athletic Complex at their meeting tomorrow night, and lighting will most likely be discussed at that time. The only other solution would be to take the flags down every night and we do not have the staff to do that. The solar up-lights are inexpensive; and would save electricity. Selectmen Blessington and Millix agreed.
Melissa Welsh has come forward and asked to join the CIP Committee. First Selectman Mailhos checked for vacancies on the committee (which there are none), however the Town Clerk verified that there is no limit to the number of people on that committee. A letter will be sent to the members to see if they would still like to continue on the board and the Board of Selectmen will seek nominations for appointments as necessary.
Robin Campbell added that Kim Kowalyshyn of the Economic Development Commission was at the meeting earlier. She was going to put a plug in that the EDC is looking for members to join the commission. Due to the lengthy conversation with the Planning and Zoning members, Ms. Kowalyshyn needed to leave to go to her class. She was requesting to have a public notice put on the web to recruit members for that commission.
Selectman Millix motioned to adjourn the meeting at 8:09 P.M.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Millix & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
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