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Board of Selectmen Minutes 10/6/2014
BOARD OF SELECTMEN
Meeting Minutes
Regular  Meeting                                                                        October 6, 2014
Lower Level 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 6:30 P.M. with the following in attendance:  Selectmen Kowalyshyn & Blessington and residents.  First Selectman Mailhos led the Pledge of Allegiance.

Approval of Minutes:

Selectman Kowalyshyn  moved to approve the minutes of September 15, 2014 with the following edits:
Page 1 (under status report – Sidewalk on Route 32- meeting date should be changed from September 29th to 30th)
Page 6 (under possible Timber Harvesting/Logging Ordinance) – in the middle of the  second paragraph sentence should read:  She stated that she was not interested, but in the meantime, her other neighbor had signed a contract for a set price, not really knowing how many board feet (remove: what they had signed) Also; third paragraph last sentence  should read:  Lastly, she is concerned about the size of the trees that are being cut; as she was told they were planning on cutting anything 14” and larger; regardless of size; to her, it is not good forestry practice.
First Selectman Mailhos seconded the motion
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

First Selectman Mailhos moved to approve the minutes of September 24, 2014 (Joint meeting with EDC & P&Z) as written.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

Present to Speak:

No one was present to speak.  First Selectman Mailhos noted that Chris Dehnel from the Chronicle was in attendance and will be covering some stories in Willington that are going to be discussed on tonight’s agenda.

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 Housing Phase III – Senior Housing Cottages – the lot has been cleared and the drainage is being installed.  The contractors are hoping to get the foundations poured before winter sets in.

* Old Town Hall Renovations – we have been issued a temporary certificate of occupancy.  One of the restrooms will need plexiglass put over the window before we will be able to obtain the full C/O.   
 
*Polster Road Bridge – the old bridge has been removed.  Boulders have been placed at the base of the abutments and will be grouted soon.  This will prevent scouring in the future. In the meantime, the bridge is expected to be delivered and installed sometime in November.

*Turnpike Road Phase 2 – Has been completed and will be removed from the list.  

*Sidewalk on Route 32 – The Sidewalk Committee will meet on September 30th .  A final recommendation has been emailed to the Selectmen.  It will be discussed at the next meeting.

*Land Purchase –The purchase was approved at last week’s Town Meeting.  The Town Attorney is working on setting up a closing date with the seller’s attorney.

*STEAP 2015 Application –The deadline is in November; we will discuss the request at this meeting.   

*Needs Assessment for the Town Office Building – The contractor continues to measure the building and work on the report.

*Fire Fighter Tax Abatement – A meeting was held last week with the two Chiefs, the Revenue Collector and Assessor to discuss the next steps.  There were some questions raised that need clarification that will be discussed later in this meeting.

*MS4 Permit Changes – The public hearing will be held on December 17th.  First Selectman Mailhos will go and testify.

*Transfer Station Operation Management Plan – The SWAC went over the document at the last meeting.  First Selectman Mailhos is making edits and updating the document.  Once it is approved from SWAC, it will go before the BOS for approval.

Public Works:

Derek reported that the crew has been working on the following tasks:

  • Roadside mowing
  • Vehicle maintenance
  • Clearing  guardrails of over-growth
  • Repair washouts along roadways
  • Removal of low-lying branches along roadways
  • Mow detention basins
  • Prep & installing curbing around Town.  Install should finish up today, back-filling will begin on Tuesday.
New Business

  • Appointments
Selectman Blessington moved to re-appoint Christina Mailhos as an alternate member of the Eastern Highlands Health District Board of Directors; effective retro-active December 3, 2012; expiring December 3, 2015.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Blessington moved to re-appoint Annemarie Poole as a regular member of the Willington Zoning Board of Appeals; effective retro-active December 31, 2013; expiring December 31, 2018.
First Selectman Mailhos seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Blessington moved to re-appoint John Rup as a regular member of the Willington Zoning Board of Appeals; effective December 31, 2014; expiring December 31, 2019.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

  • Tax Refunds
First Selectman Mailhos moved to refund $12.55 to Susanna LeBlond for a sold vehicle.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

First Selectman Mailhos moved to refund $64.40 to Susanna LeBlond; Willington CT for an excess payment.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

First Selectman Mailhos moved to refund $17.20 to Elizabeth or Michael Breton; Willington for a sold vehicle.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

First Selectman Mailhos moved to refund $84.55 to LI Chendong; San Jose, CA for a sold vehicle.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

First Selectman Mailhos moved to refund $140.25 to Steven Ortiz; Willington, CT  for an Active Duty Serviceman Exemption.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington)  0 No.

  • Resolution – Homeland Security Grant Program
First Selectman Mailhos read the following resolution:  
RESOLVED, that the Town of Willington may enter into with and deliver to the State of Connecticut Division of Emergency Management and Homeland Security, Department of Emergency Services and Public Protection any and all documents which it deems to be necessary or appropriate; and

FURTHER RESOLVED, that Christina B. Mailhos, as First Selectman of the Town of Willington, is authorized and directed to execute and deliver any and all documents on behalf of the Willington Board of Selectmen and to do and perform all acts and things which she deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.

Selectman Kowalyshyn moved to adopt the Resolution as presented.
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

  • Petition – Michalec Road improvements
First Selectman Mailhos stated that we have received a petition from residents on Michalec Road who are requesting improvements to the road. Resident Doug Roberts, who circulated the petition, was in attendance as well.   First Selectman Mailhos read the petition:

We, the undersigned are in favor of seeing improvements to Michalec Road which may include, but not limited to the following:

  • Widening the road to allow two lanes of opposing traffic to safely passing each other
  • Widening the road to facilitate accumulated snow.
  • Improved drainage which will increase the life of driveway aprons.
  • Paving the road.
The petition was signed by 9 residents who live on the road.    

Mr. Roberts stated that was made aware that there are funds available for improvements quite a while ago.  He discussed the situation with neighbors to see what the majority would like to see done; and they then listed the possible options on the petition.

First Selectman Mailhos stated that the funds originated when the development was put in – the funds were for “future improvements to the road”.  There is around $11,000 in the fund, but there is no reference in any Planning & Zoning minutes to state exactly what the funds are for.   

The road is half dirt and pavement. Another unique feature is that we share the road with the town of Stafford (right down the middle); we maintain and plow that section of road.  First Selectman Mailhos stated that the Town Engineer has stated that the trees are the biggest problem right now.  We have the money to cut the trees along the road, which would also allow room for a snow shelf. That, and grading the road would use up most of the money.  There are no funds for drainage and paving.   She will prepare an 8-24 request for Planning and Zoning to get on their next agenda; which is October 21st.   In the meantime, she will have Derek mark the trees that should be cut down and have ready for P&Z to review.   Selectman Blessington suggested adding this to the Status Report.  

  • STEAP Grant discussion (application)
First Selectman Mailhos reminded the Selectmen that the application is due on November 1st.  She added that she knows we need more money to finish Turnpike Road, but doesn’t want to push our luck.  She also added that the Old Town Hall needs painting and electrical upgrades.  We successfully received money for phase 1 renovations.   She then suggested asking for $400,000 for Turnpike Road and $100,000 for the Old Town Hall.  

Selectman Kowalyshyn clarified that the letter states preference will be given to projects that promote “economic development, emergency preparedness and/or infrastructure repair.”  First Selectman Mailhos stated that Turnipke Road has fallen under economic development.  

Selectman Blessington suggested upgrading the septic and water near Phelps Plaza, as was discussed at the last BOS/EDC/P&Z meeting.  He added although it is private property, it was asked if the Town could do something to help out to improve that area, which would allow them to promote business there.  Selectman Kowalyshyn clarified that it is most likely not possible to put a septic in someone else’s property, but we might be able to pipe water there.   First Selectman Mailhos agreed and added that is a good idea, but the property owner has never even asked for help.   Selectman Blessington said maybe we can talk to the property owners and plan on that in the future.   He then stated that it would also be nice to finish Turnpike Road.  

First Selectman Mailhos noted that we will need to finish the drainage (whatever the current STEAP does not cover) and then will need to finish paving that.  $400,000 would get us close to being done.  

Selectman Blessington added that the Old Town Hall is in need of paint.  First Selectman Mailhos stated that there are other grants we can seek, such as a Historic Preservation Grant for that, if need be.

First Selectman Mailhos will draft the application, which will be to finish Turnpike Road ($500,000) and present it to the Selectmen for review at the next meeting.  

  • Proposed names for municipal driveway to Senior Housing complex
Senior Center President, Wilbur Gangaway has submitted a letter to the Selectmen asking them to consider naming the access driveway to the Senior Center/ Senior Housing Complex.   He stated that there is a lot of confusion in regards with incoming mail and visitors, etc.  Mr. Gangaway was in attendance.  He stated  last week, he ran into trouble with the cable company, when trying to get a box for the Senior Center, only to find out they there was a lot of confusion between the Senior Center and Willington Woods – 60 Old Farms Road and 60A Old Farms Road.  He said adding a third complex (Button Hill Cottages) will only add to the confusion.  This is why he is asking if there was a way to name the driveway with numbering the buildings (1, 2,3) to avoid confusion.  

Selectman Blessington suggested checking with the Post Office to make sure they will be OK with changing the name.  Stuart Cobb added that we will need to mark the entrances for Emergency Services; and added it would be an improvement for clarification purposes.  

First Selectman Mailhos clarified that we are not considering making the access drive an official Town road.  This is a municipally owned driveway; and the Board of Selectmen has the authority to name it.

Names were discussed.    Mr. Gangaway suggested naming it “Senior Way” or “Senior Drive” Selectman Blessington suggested giving it a historical name.  First Selectman Mailhos suggested (taking a poll) with the seniors.  Mr. Gangaway will collect the names and the most popular name will be used.  He then thanked the Selectmen for considering the change.

  • Hall’s Pond lease
First Selectman Mailhos stated that the owners of Hall’s Pond are renewing their insurance and were told that they need to update the lease agreement with the Town, which expired several years ago.  She stated that the deal was that the town could lease the pond for $1 per year to use as a swimming hole in the summer months and the Town would take care of all the maintenance to the beach access area.  The Town has not renewed this for many years (and the property owner was not concerned about this, until the insurance company made this a requirement).  

First Selectman Mailhos presented an updated lease that has been approved by the property owners and reviewed by the Town Attorney.   It will be a three year lease.  

Selectman Blessington moved to empower the First Selectman to sign the lease with Ace Equipment Sales in the amount for $1 per year for use of Hall’s Pond beach from now until December 31, 2017.
Selectman Kowalyshyn seconded the motion.
First Selectman Mailhos added that she would like to send the property owners a check in the amount of $17.00 (to cover the years the Town did not renew the lease or pay the fee) with a thank you note for being so generous to the Town.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

  • CIP requests
First Selectman Mailhos stated that the CIP Committee will begin to meet at the end of November to review the plan (past and present). She noted one of the things she wants to add this year is additional money to continue with the Old Town Hall renovations.  She also stated that Derek will submit his list with several of the same requests as in year past; a new salt shed and Village Hill Road drainage, to name a few; but will also be asking for a new backhoe.   She added that she just wanted to mention this to the Selectmen see if they had any new ideas to bring to the CIP Committee.

  • Old Town Hall update
First Selectman Mailhos stated that we have received a temporary C/O for the Old Town Hall with a few small items that need to be addressed.  We wanted to have the building accessible for the Car Show; which was supposed to be held last Saturday (but did not because of rain).   One of the issues is that the floors in the new bathrooms have been raised and the window in one bathroom is now floor level and it needs to be covered with plexi–glass for privacy and also stability.    

She added that she also requested another transfer at the last BOF meeting to cover the Town Engineer’s costs associated with this project.  She clarified that it was a mis-communication between her and the Business Manager; where the she did not realize that his expenses were factored in this project.    The Board of Finance ended up authorizing the transfer, but took the funds from the Engineering line for this fiscal year.  She stated that we are now short in the Engineering line item for this year and will need to be careful going forward.  

Selectman Blessington stated that the original cost of the project was $100,000 and then was increased to $157,000 (using the Program Income funds) and one of the stipulations with using the grant money was to hire an Architect to provide guidance; but then we also paid the Town Engineer an additional $8,000; costing us a total of $23,000 in consulting; and we still had several issues during construction that went amiss; that no one caught.  He added that now we have a new Public Works’ Director, and questioned whether we need to use the Town Engineer as much.  First Selectman Mailhos clarified that we rely on the Town Engineer to scope out projects to estimate costs and also prepare contract documents.  She added that we are going to have to be careful with how much we are using the Engineer because we are short in that line item now.  

Selectman Blessington stated that he hasn’t had a chance to see the inside of the Old Town Hall, but plans to during the car show.   

Old Business

  • Cadlerock Property Discussion
This was discussed at the last regular meeting. We have received an amendment from the State; as the Town of Ashford approved a decrease in the price of the Cadlerock property; from $100,000 to $50,000.   Our Revenue Collector states that they currently owe $63,000 to Willington; taxes have not been paid since 2002.  She added that the Town of Ashford’s taxes are over $100,000 – $200,000 in arrears.

Selectman Blessington moved to accept the minimum bid amount established in paragraph 1 of the agreement of $100,000 shall be stricken and replaced with a minimum bid amount of $50,000.
First Selectman Mailhos seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

  • Fire Department Member Tax Abatement Definition Discussion
A meeting was held last Monday to discuss the upcoming tax abatement program.  In attendance were the Tax Collector, Assessor, First Selectman Mailhos, the two Fire Chiefs and the Treasurer.  They looked over the ordinance and reviewed deadlines and the steps involved in the process.  During that meeting, several questions came up, which First Selectman Mailhos then sent to the Town Attorney for clarification.  The Town Attorney clarified that the BOS is authorized to provide the definitions and clarification beyond what the Ordinance says (in regards to eligibility).   

The following questions discussed/ clarified with the Town Attorney were discussed at the meeting.

  •  Does a firefighter need to live in Willington to be eligible for the abatement?  And more specifically, if an active member owns a rental home in town and pays taxes on it, but does not live there; is he/she eligible for the abatement?  The answer is yes: In the second paragraph, it says, “this ordinance shall be only applicable to residential and personally owned property.  Commercial and non-member occupied investment property shall not be covered by this ordinance.”  Then under “Eligibility” it says, “members of both…..who reside or pay property tax in the Town”  - First Selectman Mailhos clarified that if that is not what we *(Selectmen) meant, then we should amend the Ordinance.
  • Is there a legal definition for being “current” on taxes?  The ordinance states that “Eligible members receiving this benefit must be current on their taxes for at least 2 years.”   The question is does it mean that at no point during the past 2 years that interest was paid – or does it mean that at the time the tax collector verifies it they are paid in full?  First Selectman Mailhos stated that the Town Attorney clarified that they are either current on their taxes or not; The Board could advise the departments that they mean in order to receive this benefit, eligible members must have paid in full on time with no delinquent or otherwise outstanding for the two most recent years.  
  • Will the Fire Fighters need to fill out any type of forms? (1099, W2, etc.)? The auditors clarified that is not required to fill out any type of employee form.
  • How do we define the “department meetings”?  It is suggested that the members must attend 50% of department meetings; but there are many types of meetings that each department has; and not all members are allowed to attend; such as “Meeting of the Board of Directors” or “Officer Meeting” or meetings with other Town Boards, such as  the Board of Selectmen; Board of Finance, etc.   First Selectman Mailhos stated that her belief on that was for members to attend the monthly departmental business meetings, which is open to all members in both of the departments.   
  • How do we define “response to emergency calls” – if a fire department member s tarts to respond to a call, but is sent back before they get there does it count?  
Chief Millix clarified that we need to assure the integrity and validity of the system -  it is a point of clarification.  Selectman Kowalyshyn stated that it was described to us that the members would go to the fire house, check in; and then go to the call.  Chief Millix clarified that those are three different response modes 1) you can go to the Fire house; sign in  and then get returned to go home; or 2)  you could go to the call from your house and get returned before you even get there, or 3) you can get to the call from home and then get returned home.  Kelly Trueb clarified that WHFD might have ten members sitting at the fire station and all ten are willing to go, but the chief will only dispatch two out of the ten; noting that this is an incentive program; and they will all want to go.  Selectman Kowalyshyn clarified that is when the Chief should be rotating the members at that point then.  Ms. Trueb said that she (or the others who couldn’t go) should be faulted for not being able to go even though they had the willingness to go. Selectman Kowalyshyn warned that it is different if you go from your house to the call; instead of hanging out at the fire house; you didn’t get in your car to go somewhere; you are already sitting there.  It should not count or be constituted as a call.  Ms. Trueb clarified that people hang out at both of the fire houses all of the time.  WFD #1 Chief Millix clarified that if someone is at WFD#1, and does not go to a call, they don’t get credit for it.  

 Discussion was held on the proper procedure on how to proceed when responding to a call.  Chief Millix suggested having the highest ranking officer scan each responder in at an incident; however we would need to look into purchasing a scanner for that purpose.  He added that we already have the cards for each member (each department has them).  He then suggested holding a meeting with both Fire Departments, and a member of the Selectmen to create a standard operating guideline on how to track responses so everyone is on the same page.   Stuart Cobb stated that there are several types of scanning systems that could be used as well as pricing options; it all depends on how elaborate it is.  He added that all emergency responders in CT have cards issued to them and will look into pricing.  

  • The Administrative leadership roles need to be written out:  
WFD#1 Board of Directors consists of:  President, VP, Secretary, Treasurer and 3 trustees (an active member; a member at large and an honorary member) are on the executive board.

WHFD Executive Board consists of: President, VP, Secretary, Treasurer and Chief
Each department’s board also includes the Chief of that department.  


  • Training requirements were discussed.  Sessions shall include any and all types of training; as long as each member attends 5 sessions per year.
Annually, on or before August 31 of each year, the Board of Directors of each respective department shall submit to the Board of Selectmen or their designees a list of the members of each department who are eligible as defined in Section 2.  The list shall contain the names, addresses and the amount of abatement for which the member; listed as “active” is eligible.  First Selectman Mailhos clarified that initially, we should go back 15 years and go from there.  Selectman Kowalyshyn suggested having the members fill out a form and then have the Chief sign off on it.  

First Selectman Mailhos will draft the changes and will present at a future meeting.

Good & Welfare

First Selectman Mailhos thanked Selectmen Kowalyshyn & Blessington for attending the Girl Scouts meeting last week.  The Scouts are looking for community service ideas that can help our town.

First Selectman Mailhos received an email form the state announcing that DECD will hold  a workshop on brownfield redevelopment at the Millworks on October 23, 2014 from 1PM-4:30 PM.  Municipalaties and economic development agencies can apply for grants of up to $300,000 per site to conduct soil and hazardous building material investigation, structural analysis and reuse planning.  

Jim Bulick has sent correspondence that he will not be able to continue on the CIP Committee, due to his work schedule.  First Selectman Mailhos stated that she was sorry to hear that; because he did such a great job on the committee.

The car show will be held this weekend, due to being rained out this past Saturday.

The Senior Center will hold a spaghetti supper at 60 Old Farms Road on October 19th.

Selectman Kowalyshyn moved to adjourn the meeting at 8:47 P.M.

Respectfully submitted,
Robin Campbell
Administrative Assistant



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