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Board of Selectmen Minutes 02/18/2014
BOARD OF SELECTMEN
Meeting Minutes

Regular  Meeting                                                                        February 18, 2014
Common Conference Room                                                          6:30 P.M.

*Minutes are not official until approved at the next regular meeting

First Selectman Mailhos called the meeting to order at 6:34 P.M. with the following in attendance:  Selectmen Kowalyshyn & Blessington and residents.  First Selectman Mailhos led the Pledge of Allegiance.

Approval of Minutes:

Selectman Blessington moved to approve the minutes of February 3, 2014 as written.   
Selectman Kowalyshyn seconded the motion.
Vote 3 Yes (Mailhos Kowalyshyn & Blessington) 0 No.

Present to Speak:

Brian and Laurie Semprebon, who live on Bissonnet Pond on Turnpike Road, were present.  Mr. & Mrs.  Semprebon stated that they, along with their neighbors are not happy with a recent assessment on their properties.  There are 13 properties along the pond, which belong to the Fenton Woodland Association and were recently given a “C-Factor” assessment, which increases the value of the property because they are on a parcel with a body of water.  She noted that this was not done by the Town of Willington Assessor, but the Assessors who were recently in Town doing the reval.    Ms.  Semprebon clarified that there is no Ordinance in Town regarding properties on water and does not seem fair that only the properties on Bissonnet Pond are being singled out.  Mr. Semprebon added that perhaps the town should look at every property that has water on it to be fair in the process.  He then added that a piece of land along the pond was recently sold at $175,000 and that might be why the higher assessment was placed on the neighboring properties which was about 4 years ago.  Mr. and Mrs. Semprebon noted that they don’t mind paying extra if all properties in Town with water views pay but that is not the case.  Other Towns have Ordinances regarding this, but Willington does not.  Ms. Semprebon added that they (and their neighbors) tried to appeal through the Zoning Board of Appeals recently but got nowhere.   Selectman Blessington stated that the assessment company was most likely following State regulations.  He then warned that the Selectmen do not have authority to change an assessment as only the Board of Assessment Appeals can do that. Selectman Kowalyshyn clarified that the BOS can change an Ordinance though.  First Selectman Mailhos stated that she will look into it and have it on a future Agenda.  Selectman Blessington noted that he would also like to have our Assessor at the meeting as well.  Ms. Semprebon noted that their neighbors will most likely attend 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 went over the updated report:

*Senior Van – Wilbur Gangaway will be going to register the new van at DMV tomorrow morning.

*Polster Road Bridge – The Town Engineer will be attending the BOF meeting on Thursday with cost estimates for bridge repairs.

*Personnel Policy – First Selectman Mailhos noted that she has not had a chance to review the policy but will have it ready for the next BOS meeting.

Public Works:

  •  Snow Budget update
First Selectman Mailhos noted that the snow budget is currently over by $46,000, but that does not include today’s snow event.  She added that we can do a few things to offset the costs.  We can decide not to get the backhoe this year, which will save us $11,000.  We have also received $18,000 from the State (for road projects); and we can make a case to the Board of Finance that money should be transferred from the General Fund to the snow budget, but that would still end up with a $29,000 balance.  She added that we aren’t over with winter weather yet.  On another note, we received salt on Monday, and she does not expect we will have another shortage (unless we have several large weather events) but it was at a higher cost than what we usually pay.  

First Selectman Mailhos stated that she will be asking the BOF for a transfer.   Selectman Blessington stated that this is just something that we have to deal with.   First Selectman Mailhos will keep everyone up to date as the winter moves along.

New Business

  • Probate Judge Election
First Selectman Mailhos stated that Judge Twerdy will be retiring on July 1st as she will not be able to serve after the age of 70, per State law.  The Probate Court Administrator had discussed the situation with each of the Towns involved (Coventry, Mansfield, Tolland & Willington) and the interim plan would be to have other judges from surrounding towns fill from July until November when the election will be held.   Each of the Towns were asked if they would prefer to hold a special election prior to the November election, or just wait until the election in November.  First Selectman Mailhos noted that representatives from all of the other towns agreed that the prudent thing to do is wait until the November election, but they would talk it over with their boards before making a final decision.    

Christine Psathas stated that the Registrars went to a meeting today and talked about holding the primary with the referendum, but was told that it was not possible to do that.   She also noted that only the Governor can call a special election. Ms. Psathas added that the Registrars do not have a special election budgeted.   Selectman Blessington stated he is in favor of waiting until November.  First Selectman Mailhos will let the others know that waiting until November is Willington’s preference.  

  • Resolution – Execution of Sweeper

First Selectman Mailhos read the following resolution, which is a requirement of the leasing company.

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY
OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 02

At a duly called meeting of the Willington Board of Selectmen held in accordance with all applicable legal requirements, including open meeting laws, on the 18th day of February, 2014, the following resolution was introduced and adopted:

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEEMENT, EQUIPMENT SCHEDULE NO. 02 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH

WHEREAS, the TOWN OF WILLINGTON, CT ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 02 to the Master Lease Agreement (collectively, the ''Lease"), between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ("Lessor") and Lessee, the form of which has been  available for review by the governing body of Lessee prior to this meeting; and

WHEREAS, the Equipment is essential for Lessee to perform its governmental functions; and

WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and                                                                                                                                                              

WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and

WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. substantially in the form presented to this meeting;

NOW, THEREFORE, BE IT RESOLVED By the Town of Willington Board of Selectmen as follows:

Section 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment.

Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The First Selectman of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Town Clerk of Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same.  

Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents.

Section  4.   Pursuant  to  Section  265(b)  of  the  Internal  Revenue  Code of  1986, as amended  (the "Code"), Lessee  hereby  specifically designates the Lease as a  “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.

Section 5. This resolution shall take effect immediately.

The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the Town of Willington Board of Selectmen excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.  

  • Resolution – Execution of Pick up Truck & Ambulance
First Selectman Mailhos read and moved to adopt the following resolution:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY
OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 03

At a duly called meeting of the Willington Board of Selectmen held in accordance with all applicable legal requirements, including open meeting laws, on the 18th day of February, 2014, the following resolution was introduced and adopted:

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 03, AN ESCROW AGREEMENT, AND RELATED INSTRUEMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

WHEREAS, The Town of Willington, CT (“Lessee”) desires to obtain certain equipment (The “Equipment”) described in Equipment Schedule No. 03 to the Master Lease Agreement (collectively, the “Lease”), between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (“Lessor”) and Lessee, the form of which has been available for review by the Governing body of Lessee prior to this meeting; and

WHEREAS, the Equipment is essential for Lessee to perform its Governmental functions; and

WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK (“Escrow Agent”) pursuant to an Escrow Agreement between Lessor, Lessee and Escrow Agent (the “Escrow Agreement”) and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and

WHEREAS, Lessee has satisfied the legal requirements, including      those relating to any applicable public bidding requirements, to arrange for the acquisition of the Equipment and the execution and delivery of the Lease and the Escrow Agreement; and

WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and the Escrow Agreement with Lessor and Escrow Agent substantially in the forms presented to this meeting;                                                                                                                                                            

NOW, THEREFORE, BE IT RESOLVED By the Town of Willington Board of Selectmen as follows:

Section 1.  It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the “Financing Documents”) in substantially the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment.

Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The First Selectman of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Town Clerk of Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same.  

Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents.

Section  4.   Pursuant  to  Section  265(b)  of  the  Internal  Revenue  Code of  1986, as amended  (the "Code"), Lessee  hereby  specifically designates the Lease as a  “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.

Section 5. This resolution shall take effect immediately.

The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the Willington Board of Selectmen, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.  

  • Award Old Town Hall Renovation project
First Selectman Mailhos stated that the architect has made a recommendation to award the project, but noted that the lowest bid that came in at $154,400 was still over the allotted amount of money we have earmarked for the project.  She noted that we received a STEAP Grant for $100,000 and have received approval to use PI funds, but after paying the architect and Town Engineer, we will end up with approximatley $140,000, which is still not enough, noting that we need to add contingencies for the project as we go along.   

The architect recommends that we go with the lowest bidder, which is GESCO, out of Pleasant Valley, CT.   First Selectman Mailhos would like the architect to work with the lowest bidder to bring the cost down as is allowed by our bid process.

Robert Shabot asked if the certificate of appropriateness has been submitted for the door overhang yet?  Robin Campbell will contact him to see where it is.

First Selectman Mailhos will call the architect tomorrow to discuss working with the lowest bidder.  

  • Willington Day Discussion (need volunteers)
First Selectman Mailhos stated that we really need people to volunteer for the event.  We have sent several public notices about it, but to date have not had any luck finding people.  The current chairperson is going to school, and has many other projects going on and cannot commit the time to planning the event.  The other people who serve on the committee are town employees. It would be nice to have other involvement.   Laurie Semprebon suggested sending a letter to the PTA.  First Selectman Mailhos stated that is a good idea; as the PTA used to be a major participant at Willington Day.  Ms. Semprebon then suggested sending a flyer home through the school system as well.   First Selectman Mailhos stated that she is hopeful that we will find some people.

Good & Welfare

First Selectman Mailhos noted that we received a letter from Paul Pribula resigning from the Conservation Commission.  He has been on the Conservation Commission for many years.  She thanked him for his service.  

Robert Shabot reminded everyone that the Willington Historical Society will host a presentation about lost mill sites in Willington at the Willington Public Library on February 27th at 7PM.  Dick Symonds will be the host.

Selectman Kowalyshyn moved to adjourn the meeting at 7:50 P.M.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.    

Respectfully submitted,
Robin Campbell
Administrative Assistant