Meeting Minutes January 20, 2015
Common Conference Room 7:30 P.M.
*Minutes are not official until approved at the next regular meeting
First Selectman Mailhos called the meeting to order at 7:30 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 regular meeting minutes of January 5, 2015.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Selectman Blessington moved to approve the special meeting minutes of January 5, 2015
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Selectman Blessington moved to approve the minutes of January 9, 2015
Selectman Kowalyshyn seconded the motion
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
The minutes of January 12, 2015 have been tabled until the next regular meeting.
Present to Speak:
Peter Latincsics expressed concerns about the recent Region 19 teachers contract and the process of how it is warned in Willington to inform the residents that it has been approved. He stated that it seems as though it is not the best process, and in this case, timing was also not good because it fell within the holidays. He noted that he found out that it was ratified only be reading it in the chronicle last week and then did some research. He found that the Region 19 minutes going back to October, 2014 only reflect discussion during “executive session”, other than reference that the Region 19 Board of Education acted on the contract on December 13, 2014. Also, minutes on January 6, 2015 states “congratulations to the negotiation team on approving the contract…. Copies have been distributed to
member towns”. Mr. Latincsics added that BOF Chairman Ference was on the negotiation committee and he gave updates to the BOF all along, but could not give a lot of detail.
Mr. Latincsics noted that contracts should be warned and give residents 30 days to act (to either approve or reject). In this case, the 30 day period never became available. Mr. Latincsics then referenced a memorandum from the Town Manager in Mansfield that was sent on January 12, 2015; which gives the Mansfield Town Council 4 options to exercise within 30 days of the filing date. He referenced #3 in the document, which states: “Direct me as Town Manager to request in writing no later than fifteen days from said filing date that the Region 19 Board of Education call a district meeting to “consider” the contract.” Mr. Latincsics said he thought any of the Selectmen in Ashford or Willington; or the Mayor in Mansfield would have the option to review the contract further (or hold a referendum) noting that
once it were publicized the public would have an informed decision to either approve it or reject it. First Selectman Mailhos clarified that Mansfield is different than we are, and their charter defines how certain powers are distributed; the Mayor might not have the power to do so.
Mr. Latincsics asked the Selectmen if they see a problem with the transparency in this. He then asked them if they would act on it based on the recommendation from Mansfield as he pointed out. First Selectman Mailhos responded that she had spoken with the Town Manager in Mansfield to see what the trigger for review is in Mansfield; as we in Willington do not get one.
She stated that the Town Manager told her that the Mansfield Town Council made a policy about 9 years ago to have the Town Clerk notify them once a (Board of Education) contract comes in to the Town Clerk. This is managed through the Town Manager’s office and it is then reviewed at a Town Council Meeting. They do not have to act on it. If they do, the Town Council who is the “Legislative Body” in Mansfield, can vote to accept or reject it. First Selectman Mailhos added that she is not clear if the process was adopted in their charter or if it is just a directive to the Town Manager and Town Clerk. She then stated that it is more of a process for us as we have to go through several different steps if we wanted to reject it.
Mr. Latincsics stated that he likes the way Mansfield does this; as they are able to make informed decisions. Selectman Blessington thanked Mr. Latincsics for bringing this to our attention. He then said the way he reads this is designed to not be transparent. If the Town does not act on it in 30 days, it is assumed that they approve it. A Town Meeting would have to be called and we have 15 days to go through the motions; call a meeting to consider the contract; and then there is no definition of what “consider” means. Mr. Latincsics asked if we could contact the Town Attorney on how we should interpret the word “consider.” He then suggested perhaps contacting CCM to see how other Towns go through the process.
Selectman Blessington stated that it is too late to bring before the town now. First Selectman Mailhos noted that they went into mediation. Mr. Latincsics added that the contract is consistent with neighboring towns.
Selectman Kowalyshyn asked why our Region 19 BOE did not bring anything to our attention? She then suggested asking all of the boards to meet with us regularly to inform us of what is going on. Selectman Blessington clarified that most things that require action go through the Selectmen, but in this case, it is designed that if it isn’t discussed, and no action is taken, it goes through.
First Selectman Mailhos suggested requesting the Region 19 BOE to add a notification (to the Town Clerk or BOS) into their by-laws. Selectman Blessington asked First Selectman Mailhos to send them a letter. She also suggested requiring our Town Clerk to notify the Selectmen once something like that comes in, but she warned it is not going to ensure that in the future, the Region 19 Board will come and tell us the details of the contract.
Selectman Blessington stated he likes the idea of having the option to require the Selectmen to be able to be proactive on this – at least so we know it is happening. First Selectman Mailhos concurred, but warned three years from now, when they do this again, what is the trigger going to be? The statute doesn’t say, and we don’t have a Charter. Selectman Blessington said the Town Clerk should remember. First Selectman Mailhos cautioned if there is no directive, she doesn’t have to. Selectman Blessington then suggested contacting the Town Attorney to see how we can make this a requirement for the Selectmen or Town body to be part of the approval process, adding they would, if it was in their interest to let us know. Selectman Kowalyshyn reiterated that our Region 19 BOE should have
a responsibility to let the Town know. Mr. Latincsics clarified that the board views themselves as a Region 19 (as a whole) issue, not a town issue; but he agreed that they should let the Town know.
First Selectman Mailhos will talk to the Town Attorney to see what we can come up with and will add to a future agenda for discussion.
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:
*Turnpike Road – Phase 3 / 4 – The Town Engineer has submitted the plans to IWWC for next week’s meeting.
*Land Purchase – the closing was last week. The Town now owns the property.
*Needs Assessment –-TOB – the Structural Engineer was here last week to assess the building. We should expect to see the report in the next few weeks.
Public Works:
First Selectman Mailhos thanked the crew for their hard work over the weekend. She noted that they have had to contend with a lot of ice the past few days due to the rain we have had, and then freezing. She added that all of our dirt roads ended up with a lot of ice (some had as much as 3” of ice on them). She also thanked our Public Work’s Director, Derek Dimmock, who has also kept up with it.
Derek reported that the crew has been busy with the following tasks:
- Repair guide rails
- Trim brush along roadside
- Vehicle, equipment repairs
- Break up ice along roadway
- TOB maintenance
- Plow and sanding
Public Works would like to remind drivers that the gravel roads ice up before paved surfaces and to take extra caution when driving on unpaved surfaces.
New Business
First Selectman Mailhos moved to refund $330.22 to Hyundai Lease Titling Trust; Fountain Valley, CA due to a credit for a sold vehicle.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos moved to appoint William Bland as a regular member of Zoning Board of Appeals, effective January 20, 2015, expiring December 31, 2017
Selectman Kowalyshyn seconded the motion.
First Selectman Mailhos noted that Mr. Bland has been serving as an alternate on this Board, and is happy that he is moving up as a regular member.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
- Fenton Ruby Timber Harvest
Peter Andersen, Chairman of the Willington Conservation Commission was present. He submitted two letters to the Selectmen requesting 1)the timber harvest on Fenton Ruby Park along with the forest plan and 2) to create a parking area on Mason Road for the hiking trail.
Mr. Andersen stated that the timber harvest plan was evaluated by Natural Resource Consultants, LLC (out of Ashford). They inventoried what is in the section of forest, the benefits to harvesting and a potential financial gain.
The plan, which depicts 33 acres in unit 8 on the parcel, does not have any trails on it, and is expected to help improve the forest, if harvested.
The Conservation Commission is looking for approval of the Selectmen to proceed. They would contract a consulting forester who would manage the harvest (marking trees) and also supervise the project. Mr. Andersen added that they would also seek IWWC approval as well.
Selectman Blessington asked where the revenue would go? Mr. Andersen stated that the Conservation Commission feels it would make more sense to put the money into the Open Space Fund.
First Selectman Mailhos moved to authorize the Conservation Commission to perform a timber harvest on Section 8 of the Fenton Ruby Park based on the recommendation of the Conservation Commission. The proceeds will be put in the Open Space Fund and access will be allowed on Burma Road for project; pending Inland Wetlands & Watercourse and Board of Finance approvals.
Selectman Kowalyshyn seconded the motion.
Mr. Andersen is not sure when they would start the project; it all depends on the weather. First Selectman Mailhos will write a letter to the Board of Finance to add to their next regular meeting agenda to inform them. She will also do the same for IWWC.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington)
First Selectman Mailhos moved to add item E on the agenda under new business; called “Parking area for hiking trails on Mason Road.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington)
- Discussion – Speed Limit Reduction Request –Route 32
First Selectman Mailhos stated that we have received a request regarding the new construction for the proposed Dunkin Donuts. Although the contractor has received Zoning and IWWC permits, the DOT has expressed concern regarding the location of the driveway on Route 32. Because the current speed limit affects the stopping sight distance, the DOT is only allowing a right turn entrance from Route 32 southbound.
The contractor has suggested requesting a reduction in the speed limit, hoping that will remedy the approval issue. First Selectman Mailhos stated that the State cannot reduce the speed limit without a request, which should come from the Municipality, (specifically, the Local Traffic Authority). She then added that even if the speed limit were reduced, there still is no guarantee that the DOT will allow a left hand turn. There are other considerations and it is their job to make sure it is as safe as possible.
Ralph Tulis asked if it will change the traffic flow that DOT has approved as well as the curb cut on Route 32? He clarified that Planning & Zoning is meeting about this tonight as well. He added that this is all part of the condition requirements(what was approved at Planning & Zoning months ago). The requirements are that the Dunkin Donuts need to have 2 driveways; one on Route 32 and the other on Route 74. The State will not allow a left hand turn into the parking lot on Route 32 because of the traffic and speed limit conditions.
Selectman Kowalyshyn suggested that there are ways to design the curbing in the driveway so people can only take a right turn off of Route 32. (She gave an example of the new Cumberland Farms in Mansfield, where the curbing is designed that way). She then added that she is not in agreement with a left hand turn on Route 32 or requesting a reduction in the speed limit in that area because people drive too fast through there.
Selectman Blessington stated he would feel more comfortable sending a letter to the DOT and he feels people will adapt to the reduction – especially if there is a business there. He added that we could also request extra signage to warn people of the signal ahead. Selectman Kowalyshyn clarified that her concern is the traffic heading north that would be the problem.
First Selectman Mailhos cautioned that our request will even help the situation. She was surprised to learn the current speed limit is 45MPH – it should be reduced anyway, in her opinion.
Selectman Blessington moved to have the First Selectman send a letter to the Department of Transportation requesting that the speed limit as per the section of Route 32 marked on the map attached to the letter be reduced to 30 Miles Per Hour.
First Selectman Mailhos seconded the motion.
Selectman Blessington amended the motion:
to have the First Selectman send a letter to the Department of Transportation requesting that the speed limit as per the section of Route 32 marked on the map attached to the letter be reduced to 30 Miles Per Hour and to have a signal ahead sign be placed on Route 32 Southbound at an acceptable distance.
First Selectman Mailhos seconded the motion.
First Selectman Mailhos clarified that she does not think people are going to magically slow down in that area, but feels it is worth asking, especially if she can help the project along. She also added that she is hopeful that the DOT will re-assess the situation and if they feel it is still dangerous, they will not approve it; we are not experts on this. Selectman Blessington stated it would be helpful if they would be able to widen the road. First Selectman Mailhos agreed and stated that the State owns the property on both sides of that area.
First Selectman Mailhos amended the motion:
to have the First Selectman send a letter to the Department of Transportation requesting that the speed limit as per the section of Route 32 marked on the map attached to the letter be reduced to 30 Miles Per Hour and to have a signal ahead sign be placed on Route 32 Southbound at an acceptable distance and request that the State (DOT) widen the road along the area of the proposed driveway to allow cars to go around a car taking a left hand turn.
Selectman Blessington seconded the amended motion.
Vote: 2 Yes (Mailhos & Blessington) 1 No (Kowalyshyn) Motion passed.
- Parking area for hiking trails on Mason Road.
Peter Andersen, Chariman of the Conservation Commission stated that the Conservation Commission would like to request to have a small parking area created on Mason Road, leading to the hiking trails. Currently, there is no parking in that area. They would like to request Public Works to do the project, which would be a pull in area in back of the stone wall, allowing 3 or 4 cars to park side by side. Mr. Andersen believes the project will not require a lot of material to level it off and would be done when Public Works can fit it in their schedule. First Selectman Mailhos asked if the Conservation Commission had asked the Zoning Department if any permits would be required? Mr. Andersen stated that he did ask and was told that they needed Selectmen approval first and then they would need to seek permits for
a driveway as well as an 8-24 request.
Selectman Blessington moved to have the Board of Selectmen support a parking area on Mason Road for hiking trails.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Good & Welfare
Selectman Blessington reminded everyone that the State Department Of Transportation will hold a public hearing regarding the plans for bridge construction on Route 74. The meeting will be held at the Willington Public Library on Thursday, January 22nd beginning at 6:00 P.M.
First Selectman Mailhos reminded everyone that the CIP Committee will meet on Wednesday to start the review all of the submissions. The meeting will be in the lower level conference room at 7PM.
First Selectman Mailhos expressed condolences to the family of Joe Voboril, who suddenly passed away last week. She stated that he will be missed. He served the Town and the State for many years.
First Selectman Mailhos stated that she had recently had a discussion with Bob Shabot regarding the tree on the green. Mr. Shabot noted that during the tree lighting ceremony in early December, it was found that the tree is not doing very well; it is approximately 50 years old, and while most trees like this might last over 100 years; this might not make it to live that long. We might want to start thinking about planting another tree to light in it’s place. It was actually on First Selectman Mailhos’ “to-do” list; to speak with Joe Voboril about this as he was a forester and tree expert. She added that it will take some planning and research to find the best type of tree and the best spot to plant it. First Selectman Mailhos stated that she and Mr. Shabot talked about all of the trees
on the green, and while most of them are in good shape, the Charter Oak, that was planted in 1892 has experienced some damage over the years and the life expectancy of that tree is unknown.
Selectman Kowalyshyn reminded everyone of the upcoming Town Meeting, which will be on Tuesday, January 27th at 7PM in the Common Room.
Selectman Kowalyshyn moved to adjourn the meeting at 8:55 P.M.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
Recording Clerk
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