BOARD OF SELECTMEN
Meeting Minutes
Regular Meeting July 15, 2013
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: Selectman Blessington, Lynn Nicholls and residents. Selectman Littell was absent.
First Selectman Mailhos led the Pledge of Allegiance.
Approval of Minutes:
Selectman Blessington moved to approve the minutes of July 1, 2013 with the following amendment: page 4 (zombie run) sentence should read: Selectman Blessington stated that he felt the Zombie race would have been a hoot and he thought that the Land Use Department would be willing to work with the property owner.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos & Blessington) 0 No.
Selectman Blessington moved to approve the minutes of July 9, 2013 with the following amendment: page 2: 6th paragraph; second sentence should read: WFD#1 President Gantick stated it happened in the mid 1980’s when the grand list increased and it was realized that each Department received a big increase and it was thought it should be done differently.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos & Blessington) 0 No.
Present to Speak:
Jack Lewis stated he had read that the Solid Waste Advisory Commission was going to recommend that the Board of Selectmen change to the “purchase by the bag plan” at the Transfer Station. He stated that right now we pay a lot of money through our taxes for use of the Transfer Station and if the town were to go that way it would be like adding a second tax to our residents. He added that the Transfer Station budget is approved at referendum, just like all the other budgets and he believes it should stay that way. First Selectman Mailhos stated that the Board will be discussing the ordinance later at this meeting. She added that there is no proposal to go to the bag system at this time.
Peter Latinicsics asked if he cold reserve his right to speak later in the meeting (under Performance Contracting).
Nancy Gauthier stated she would also like to speak under Performance Contracting as well.
Correspondence:
A list of correspondence was available at the meeting and in the Selectman’s office.
First Selectman Status Report
First Selectman Mailhos stated that she was not able to update the report for the meeting. She noted that many of the things on the report are on the agenda and will be discussed at the meeting.
* Performance contracting: will be discussed later at the meeting.
*Old Town Hall Renovations – First Selectman Mailhos stated that we finally received the written approval from the State to use the Program Income money for the ADA compliance upgrades. She added that the Town Engineer is now on hold waiting for approval from SHPO (State Historic Preservation Office) to do the test holes on the Town Green (for a new septic system) She noted that the Town Engineer does not believe there is any other place a septic system would fit on the property.
* Solid Waste Advisory Commission – will be discussed later at the meeting.
Public Works:
Lynn stated that the crew is working on sight lines and potholes.
First Selectman Mailhos asked the status of Turnpike Road Phase II. Lynn stated that she has not spoken with the Town Engineer yet this week.
First Selectman Mailhos mentioned that the crews have had issues with grading of the dirt roads and wanted to clarify that they were not being done because of all of the heavy rains a few weeks ago. She added now that the rain has stabilized we now have staffing issues (with workers on vacation these weeks) and we do not have anyone available to grade the roads. Perhaps next week.
New Business
A. Award Tree Bid
First Selectman Mailhos stated that we received two sealed bids:
Country Landscapers & Tree, LLC: hourly rate: $100.00; daily rate: $900.00
Lindon Tree Service: hourly rate: $112.00; daily rate: $900.00 (based on an 8 hour day)
Selectman Blessington asked if an 8 hour day is standard. Lynn replied that Country Landscapes usually works longer than an 8 hour day.
Lynn stated that she would like to recommend Country Landscapers & Tree Service as they have been a vendor of the Town for 3 or 4 years and we have had no problems with them. She added that they have even helped the Town crews out during snow storms. Lynn stated that the proposal also states that they will hold their price for the next 2 to 3 years. She stated that she would also recommend that the Board award the contract for two years.
First Selectman Mailhos stated that we did not ask for a multi-year bid and that may not be fair to the other company.
Selectman Blessington stated that they (Country Landscapers) have been doing a good job and their rate is lower.
Selectman Blessington moved to award the tree service contract to Country Landscapers & Tree, LLC for an hourly rate of $100 and a daily rate of $900.00
First Selectman Mailhos seconded the motion.
Discussion was held:
Selectman Blessington said they will guarantee the rate for 2 or 3 years. Lynn stated she would not like to go over two years. She added that they have held their price for the past few years and have been our tree company for a long time.
Selectman Blessington moved to amend his motion.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos & Blessington)
Selectman Blessington moved to award the tree service contract to Country Landscapers & Tree, LLC for an hourly rate of $100 and a daily rate of $900.00 for a period of two years.
First Selectman Mailhos seconded the motion.
Vote: 2 Yes (Mailhos & Blessington)
B. Solid Waste Advisory Commission Ordinance review
Two members of the Solid Waste Advisory Commission were present to discuss the proposed Ordinance. Christine Psathas stated that she has made a small change to the newly proposed ordinance on Page 9; Part B. It should now read: Permits must be permanently affixed to the vehicle.
Ms. Psathas stated that the last time the Ordinance was amended was in 1996 and she believes that it may be the last time it was even reviewed. First Selectman Mailhos clarified that there were amendments made to the document in 2003. In that amendment, commercial hauling references were removed and typos were cleaned up.
Discussion was held on the following changes:
Section 2 references the use of the Transfer Station as well as Section 4 references who has access. Ms. Psathas added that when people are checking people for ID (to prove they live in Willington); there are many who are turned away because they cannot provide proof of residency or proof that the trash that they are bringing is coming from town. First Selectman Mailhos added that an appeal process was also added to Section 4.
Selectman Blessington stated he has a question on Section 11, which states: “The Board of Selectmen shall institute a permit system and fee schedule requiring all persons who dispose of refuse at the transfer station to obtain a permit for each motor vehicle utilized…..” Does this mean fee as a “pay per bag”? First Selectman Mailhos stated yes, it could mean that or it could mean a charge for sticker;but that is how it is worded in the current Ordinance. Peter Tanaka clarified that the current Ordinance states “there shall be no fee charged to residents for disposing of residential or household refuse, except those items as specifically designated in the TSOMP as requiring a fee”; clarifying that section 12 became section 11.
First Selectman Mailhos added that the Selectmen already implement the permit system and the fee schedule for example: tires, refrigerators, electronics, etc. and the Board has the option to raise fees after a duly warned public hearing. Selectman Blessington stated that the permit system isn’t the problem, it is the fee schedule, as Mr. Lewis brought up; that the Board of Selectmen can decide if a fee should be associated with using the transfer Station; leaving it up to the Board of Selectmen. Mr. Lewis stated that he had told Town officials that people in Tolland have been bringing their bulky waste to our dump during MIDNEROC days and they had been doing it for so long it was assumed they were residents because they got to know the attendants. No questions were asked and no permits were checked.
He added that those people asked him not to tell because they were afraid they would lose their chance to use our dump. Mr. Lewis stated that it is also ruining his taxes. First Selectman Mailhos said that we have held random sticker checking days in the past year where many people are turned away.
Selectman Blessington said if two people in town decide they want the fee, but the other 6,000 people do not want it, the fee will be enforced. First Selectman Mailhos agreed and warned it can become a political thing every two years as well.
Section 11; will have item d) added to read:
The Board of Selectmen shall have the authority to set and change fees for the deposit of general household refuse as it deems appropriate, but only after a duly warned Town Meeting is held thereon.
Selectman Blessington asked to address Section 14 which addresses scavenging. A change was made to reflect the swap shed (and newly proposed material swap shed) being exempt.
Wilfred Gauthier asked for clarification on the fee schedule and what is the point of having it in there if there is no intention of charging to use the Transfer Station? First Selectman Mailhos replied that she is not sure if we ever plan on charging, but if there ever was a plan, it would be decided at Town Meeting. Nancy Gauthier suggested enforcing what we already have so other towns do not come here. Christine Psathas clarified the intent is not to charge, but to make sure there is language for repercussion of those who try to use our transfer station and give the Board of selectmen authority for addressing the large item fee schedule.
Alex Strong asked why the attendants can’t fine the non-residential people who shouldn’t be there using the transfer station. First Selectman Mailhos stated that we have a man power issue and clarified that the days that we caught the people were days we hired people to stand at the gates checking ID’s. She noted that it was at an extra cost and not something we can afford to do every day that it is open. Lynn added that sometimes the attendants do check the people once they are in the transfer station, but there are many different scenarios like the person says they have a rental car. She also noted that some people who carry permits are from other towns and perhaps was given a sticker. Mrs. Gauthier said that she doesn’t feel that non-residents using our dump should be reason for
the Board of Selectmen to be authorized to add a fee for using the dump; it is a matter of enforcement. First Selectman Mailhos clarified that it would need to go to Town Meeting to let the town decide. Ms. Gauthier replied that a Town Meeting is not enough. Selectman Blessington added that the ordinance will also be going to Town Meeting to be decided on and if enough people feel we shouldn’t do it, it can be defeated at Town Meeting.
Selectman Blessington suggested tabling this until the Solid Waste Advisory Commission has had time to meet and discuss the proposed changes that were discussed tonight.
First Selectman Mailhos said she encourages everyone to get a copy of the newly proposed ordinance and submit any suggested changes to the Board of Selectmen. Selectman Blessington thanked Mr. Tanaka and Ms. Psathas for their work on the Solid Waste Advisory Commission. He stated it shows that they have done a lot of work and it is greatly appreciated.
C. Board of Selectmen’s summer meeting schedule
First Selectman Mailhos stated that she cannot make the first meeting in August, however there will be things that are going to need addressing around that time. She suggested pushing the first regular meeting in August up to the Monday prior (July 29th). She would also like to schedule a special meeting next week to discuss the Performance Contracting as well as calling a town meeting; noting that the Board of Finance is meeting this week to discuss appropriations for the Public Works stormwater project and the program income funds for the Old Town Hall project. She will have Robin schedule those meetings.
D. Job Opening status
First Selectman Mailhos stated that interviews were held for the Accounting Associate position today. One more interview will be held this week for that position. We are no longer receiving applications for the part time or full time Transfer Station positions as the deadline has been closed on both. We have received many applications. First Selectman Mailhos would like to have the people who are sitting on the panel look them over and pick their top 5 choices. We will make a spreadsheet that lists all the applicants to make sure all of them have been reviewed. We will then call the top three in for interviews. First Selectman Mailhos would like to focus on the part time position first and have it filled as soon as possible.
First Selectman Mailhos moved to add item 7.E to the agenda: Transfer Station Appeal
Selectman Blessington seconded the motion.
Vote: 2 Yes (Mailhos & Blessington) 0 No.
E. Transfer Station Appeal
First Selectman Mailhos said we have received an appeal letter from a resident who lives in Mansfield, but the property is split and some land is also in Willington. The house however is in Mansfield. She is requesting a bulk permit. First Selectman Mailhos stated her first instinct would be to deny the request because the Ordinance states that the trash must be generated in Town. She clarified that it is a residency issue and it is similar to deciding which school a child would attend in the same type of property situation. Selectman Blessington agreed. First Selectman Mailhos added that we need to consider precedent.
Alex Strong stated the woman is paying taxes and should be prorated. First Selectman Mailhos clarified that the assessor decides how much is taxed on a property such as this.
Selectman Blessington referred to the Ordinance stating that the trash must be generated in Town. We should send her a letter to tell her no. He stated that she can appeal again with more information if she is not happy with the decision.
First Selectman Mailhos moved to deny the request.
Selectman Blessington seconded the motion.
Vote: 2 Yes (Mailhos & Blessington) 0 No.
Old Business
A. Public Works Stormwater Drainage bid discussion
First Selectman Mailhos recapped the project. She stated in order for us maintain our state issued Transfer Station permit, we must have a stormwater drainage plan in place or at least one in the process of being installed. She noted that it is a state mandate. The drainage plan has been on our CIP for many years for both Public Works and the Transfer Station. The CIP committee voted to cut the funding in half and split the project in two parts (over two budget years), separating Public Works and the Transfer Station. With the funding cut, the budget was brought down to $30,000 which was thought to cover the Public Works section and it is on this year’s CIP.
First Selectman Mailhos stated that the bids came back a few weeks ago, but much higher than the approval amount of $30,000. Our Town Engineer has been in contact with the lowest bidder (Putnam Welding) to try to get the project as close to the budget as possible. A few items have been removed (and will be put back on the second phase of the project), however it is still much higher than budgeted: $36,060
First Selectman Mailhos will be requesting an appropriation of $36,060 for the project at the next BOF meeting; noting that even though it is higher than anticipated and not completing the entire job as engineered, we need to show the State that we are moving forward in good faith.
B. Performance Contracting discussion
The final public hearing was held last Wednesday. First Selectman Mailhos stated that the Town Attorney is looking over the contract.
Selectman Blessington referenced a book from Economist Milton Friedmond, which says there is no such thing as a free lunch – someone has to pay for it. . He then gave an example that a government project could be done in Willington and paid for by state taxes; at no charge to the Willington taxpayers. He clarified that the Willington taxpayers do pay taxes to the state and through federal taxes; even though it looks like we (Willington taxpayers) are not. He added CCM and Siemens are going to make money off of this but he is wondering where the money is going to come from.
Selectman Blessington stated that he thought in the beginning of the process we would be covering capital projects; such as getting new boilers, (as he has heard the boiler is going to blow up); but now we are being told it only needs to be repaired; they are basically going to replace light bulbs and fixtures – all in a 17 year financing plan.
Alex Strong added we are not just going to be paying for this on the state level; the interest is 3.4% for 17 years: $290,000. We will be paying that to Siemens Financial and Siemens will not have to declare or pay any federal tax on that. First Selectman Mailhos clarified that Siemens states that they guarantee the invested savings to us. The plan states that they will cut us a check if the savings they guarantee to us are not realized. Mr. Strong then asked how they can predict what our demand will be in 17 years and he stated he would like to see how it is worded in the contract.
Peter Latincsics stated that he has many questions; he noted that it would have been helpful to look at it during the public hearing to be able to follow along. He then questioned the process moving forward; noting that it was his understanding (noting that he has heard several times) that this would go to Town Meeting; but because it is not a bonding issue and we do not have to do that. If it is as presented as a no brainer, why wouldn’t we want the support of the community? He also noted that he did not see anyone from the building committee or the board of finance at the public hearing last week, nor did he see any discussion about this prior.
First Selectman Mailhos replied that we have been talking about the process all along that it is decided at a Board of Selectmen meeting; the precedent has been set and we shouldn’t be changing it now. That is the way we always do it (approve municipal lease deals) and that is what was done when the fire truck was purchased. Mr. Latincsics disagreed that a purchase of a fire truck goes through CIP, BOF, BOS budget at referendum and again to Town meeting again. First Selectman Mailhos corrected Mr. Latincsics and said a public hearing is held and it goes back to the BOS for a vote. Mr. Latincsics repeated his question and asked why won’t we take this to town meeting if it makes so much sense?
First Selectman Mailhos stated if your intention is to go to Town Meeting and vote it down then we will spend $10,000 and not get any of the improvements. We are not going to save any money; our budgets will continue to go up every year. Mr. Latincsics repeated again why it wouldn’t go to town meeting. First Selectman Mailhos replied that we need to get these projects done before the children return to the school; that is one of the reasons.
Nancy Gauthier stated that we should not rush into this. First Selectman Mailhos replied that we have been working on this for two years and there is no other way to get the money to make these upgrades.
Mr. Latincsics suggested taking the study and make an RFP out of it to do the more urgent projects and finance it ourselves. First Selectman Mailhos asked how we are going to pay for it; it is not in the CIP and everything is always cut of CIP. She replied that a project like this would be very labor intensive and she does not have the staff to do that, nor does she have enough in her budget to pay someone for it.
First Selectman Mailhos stated that she needs to take some time to review the contract and understand it. She added she will also be contacting the references. She noted that we also need to have the Town Attorney look it over as well.
Alex Strong referenced the declining enrollment and asked what would happen if we close one of the schools.
Selectman Blessington stated he believes we have covered everything two or three times tonight. He stated we are going to set another Selectmen’s meeting next week to revisit this project. In the meantime the Board will review further.
Good & Welfare
First Selectman Mailhos stated that a Town Hall meeting will be held on July 31st hosted by newly elected State Rep. Sam Belsito and Senator Tony Guglielmo. The meeting will be here at the Town Office Building in the Common Room (upper level) from 7PM until 9PM.
The meeting was adjourned at 8:38 P.M.
Respectfully submitted,
Robin Campbell
Administrative Assistant
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