BOARD OF SELECTMEN
Meeting Minutes June 15, 2015
Hall Memorial School Gymnasium 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, residents, State Representative Sam Belsito and the Town Attorney. Senator Guglielmo arrived at 7 PM. First Selectman Mailhos led the Pledge of Allegiance. She then stated that we would have two segments of present to speak. A special item has been added under 8B; Old Business for anyone speaking about the Proposed State Police Firearms Training Facility. Anyone interested in speaking was to write their name on the list.
Copies of the agenda were available for residents.
Approval of Minutes:
Robin Campbell mentioned that she had one correction under Present To Speak under item 8B (old Business: Proposed State Police Firearms Training Facility Discussion); should read as follows under Phyllis Benton’s remarks:
**Phyllis Benton stated that she worked NEAR the Simsbury facility for two years. The parking lot was about a mile away from the shooting range, but it was so loud it seemed as if it were right on top of you (when they are shooting). She could also hear the shooting on Avon Ridge (which is 3 miles away). Lastly, she added that A NEWSPAPER STORY SAID IT had gotten EVEN noisier after 9/11.
Selectman Blessington moved to approve the minutes of June 1, 2015 with the edit (and noted that the words: “with the following edit” under approval of minutes should be removed.
Selectman Kowalyshyn seconded the motion
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Present to Speak:
No one was present to speak.
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 Cottages: The Housing Authority met last week and the last we heard, they were still working on issues with funding.
*Turnpike Road, Phase 3 / 4: Will be discussed under Public Works, the scope of the work will be changed, where milling and paving will be done under phase 3; Phase 4 will entail the drainage beginning from Moose Meadow stopping 1/8th mile before the Fed Ex facility entrance.
*Daleville School Bridge – The Town Engineer is preparing the bid documents for this project.
*Village Hill Drainage Engineering – The Town Engineer is preparing the bid documents; pending Town Meeting approval on June 23rd.
*Public Works Garage Improvements – we have received two quotes (out of four sought) for this project. This also awaits Town Meeting approval for the appropriation.
*Old Town Hall Painting- The bid documents will be prepared soon. In the meantime, the project awaits Town Meeting approval.
*TOB Roof & Gutters: we received 4 bids for the roof replacement portion of the project. We are still waiting for the bids to come in for the gutters.
*Lease new backhoe & new holder mower – a demo backhoe has been dropped off at Public Works. Derek is still pursuing options on the mower. He would like to wait until after Town Meeting appropriation in July to move forward.
*VCI – meetings will be held next week into the weekend. A kickoff meeting with the VCI Committee will begin at 6:30 on Thursday, June 25th at the Library, followed by a larger pubic meeting at 7:30 where the Architect would like to hold a charrette with stakeholders and residents.
*EDC Study – The Town Attorney has reviewed the contract and it will be signed this week.
Public Works:
Derek reported that the crew has been busy with the following;
- Vehicle/ equipment maintenance
- Street sweeping
- Roadside mowing
- Clean off catch basins check condition of basins
- Grading Daleville Rd ( the forest end), Hall's Pond Road and Beach
- Mowing of Public Works, Dog Pound, Transfer Station
Dig out drainage ditches
Rosa Chinchilla stated that Public Works was mowing along Jared Sparks the other day, and it looked like they were mowing fern and skunk cabbage, farther into the woods than usual. First Selectman Mailhos stated that she is not aware that the crew is not doing anything different than they have in the past, and would ask about it.
- Recommendation and Discussion – Turnpike Road Construction
First Selectman Mailhos stated that she would like to get some input from the other Selectmen. We have approximately $62,000 remaining from the last STEAP grant (which was slated for drainage on the section near Fermier Road). We are now ready to pave that section and were hopeful that we would be able to use a portion of the new grant money coming in to cover the paving, however because the way the contract is worded, we are not able to use the grant funding to cover it for that section of road. Derek wants to take a $20,000 surplus left in his budget and then take some funding from the chip seal budget to cover the cost of paving on Turnpike Road. He recommends that we do this because Turnpike Road is in need of paving, and it should be done soon. He then stated
that he will still have approximately $132,000 left to do some chip sealing and shimming for the upcoming fiscal year.
Selectman Kowalyshyn asked if that will put us behind schedule again for chip sealing? Selectman Blessington agreed and added that we have been behind with the chip sealing for years. First Selectman Mailhos clarified that we were going to take another look at the chip sealing plan and figure out a plan this year. She added that Derek feels he can get a lot done with the remaining funds. She cautioned that we will need to come up with a decision quickly, as summer is the only time we can pave and chip seal. Selectman Kowalyshyn stated that she wished Derek was here to answer questions.
Selectmen Kowalyshyn & Blessington asked to table this so they could ask Derek some questions. First Selectman Mailhos will call a special meeting on Monday, June 22 to have him join the Selectmen to discuss further.
*This is also tabled until next week.
New Business
- Award Cleaning Services Contract
We received one bid from Admiral Cleaning & Maintenance; who is our current cleaning contractor. Five bids were sought. Robin Campbell noted the bid came in at the same price as quoted last year.
First Selectman Mailhos moved to award the cleaning contract to Admiral Cleaning & Maintenance out of South Windsor as per their bid of $988 per month.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Old Business
- Recording Secretary Discussion
First Selectman Mailhos stated that she revised the job description from the last discussion. The revisions are underlined as follows:
-the position title has been changed to “Appointed Recording Secretary”
Under the duties/responsibilities: the secretary will attend meetings and record proceedings in accordance with State Statutes; particularly the Freedom of Information Act.
Other Considerations: copies of minutes should be attached to the timesheet or wait until the next pay period.
Compensated Recording Secretaries cannot act as members of the Board for which they are hired to provide the recording service.
First Selectman Mailhos stated that the EDC, for example, might find that they would want to hire a recording secretary rather than have one of the members do the minutes. Selectman Blessington warned that it is not good policy to hire a town employee to be a recording secretary.
First Selectman Mailhos clarified that we have a few different situations, with the recording secretaries; some are employees who work for a particular board (taking minutes are part of their job), others are paid extra for doing the minutes (outside of their regular job); and others who only take minutes and are either paid per hour, or are paid a stipend.
First Selectman Mailhos then stated that she would like to pay an hourly rate across the board (for the secretaries who are not on the payroll) an hourly rate of $20 per hour, in accordance with the job description. She stated she believes the new standardization should be fair and explained that having the minutes attached to the timesheet will help the Selectmen gauge the timesheet based on the meeting length. She added that there might be a special situation where extra time might be signed off by the Board chairman. The positions would be appointed, yearly and are a 12 month term. First Selectman Mailhos clarified that this would be done around June each year, to coincide with the fiscal year.
First Selectman Mailhos moved to approve the job description for the Appointed Recording Secretary marked Draft 5, dated 6/15/15.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos moved to set the rate of pay for the FY2015/2016 Appointed Recording Secretary to be $20 per hour.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos will send out a letter to the Board Chairmen to inform them of the change.
- Proposed State Police Firearms Training Facility Discussion
First Selectman Mailhos asked residents to sign up to speak and they would be called in the order.
State Representative Sam Belsito spoke first. He stated that he just received some information that might be appealing to the residents. He stated although he cannot guarantee it, he has heard that another Town in Connecticut wants the range. An agreement is in process and they have requested the State to move there. He then added that he was not able to share the name of the town, because he hadn’t gotten a chance to speak with the officials or received permission to announce it. Lastly, Mr. Belsito said that the residents shouldn’t ease up (in opposition) yet, because it isn’t set in stone yet. A resident asked if the State will still spend the money on the EIE in Willington – how this other town would disrupt the process. Mr. Belsito said it depends because
once a process starts, it isn't easy to hault it. Mr. Belsito added that the new location looks very promising and there are no objections. A resident asked when everything will be done so we can rest at ease? Mr. Belsito stated that he could not answer that at this time. He then clarified that this is a training range that we need in this State that will have helicopter pads, a driving range , assault courses. Our state troopers need to be trained on how to handle situations that have faced cities all over (giving the City of Baltimore, as an example).
Sara Smith stated that she has requested some documents regarding the facility from the state, and has not received a response yet. Selectman Kowalyshyn clarified that the Freedom of Information Act policy states that it can be done in a "reasonable time"; and that can be discretionary.
Todd Bissionette stated that the State lied to us with the scope of the project, and it doesn't belong here. A resident asked how unprepared are our troopers that they would need such a facility? What happened in Baltimore won't happen here. Discussion was held on the extent of the training facility. Mitzi Horowicz broke the discussion at hand and stated that we are here because we do not want the gun range, we want to know what the Town is doing to help us and if we have an attorney?
Thomas Fox spoke. He stated that he was appointed at the informal resident meeting last week to find a lawyer to represent the residents. He was able to find a lawyer at lawyers.com. The lawyer will be at tomorrow's meeting to discuss options and was instructed to bring some necessary forms. Mary Kocziki warned the residents that they need to be clear of what they are looking for and should have some ideas of what services they want the law firm to provide before the meeting tomorrow night. Mr. Fox clarified that the lawyer will be coming tomorrow night free of charge for the first visit.
Rosa Chinchila, Chairman of the Willington Historic District spoke next. She stated that the Historic District met last week, and had a CT Circuit rider present at their meeting. She also received feedback from the State Historic Preservation Office, and read part of the email. She then added that the Town of Willington's Historic District was founded in 1981, which enables laws to protect our Historic District, which is approximately 1.1 miles from the proposed site. She added that the tranquil atmosphere enjoyed by the residents and tourism would be destroyed by the proposed gun range. Ms. Chinchilla then added a suggestion by the Circuit Rider, which was to declare Ruby Road as a scenic Road. She added that discussions have been held about declaring Moose Meadow Road and Jared Sparks Roads as scenic
roads as well. By doing so, would protect them in the future as well. Lastly, she mentioned that Senator Blumenthal and State Representative Courtney refuse to get involved with the proposed gun range situation as they keep telling her that this is a local matter.
Joerg Graf thanked the Selectmen for sharing the letter recently sent to the state. He asked if the Town can come up with an economic impact (the affected mil rate) prediction if this comes to town. He finds it awkward that the public speaks first. He would like to know what the town is doing and what are future plans.
Todd Bissionete stated that he, Joerg and a bunch of other residents spent the weekend making 450 (no gun range) yard signs. The signs will be available to those interested tomorrow night at the meeting at Wilderness Lake. He then added that he would like to see a graph or a radius chart that would show the affected areas from ground zero - in 1/2 mile, 1 mile 2 mile, etc. increments; the property loss projections. He then added that the other properties that are not affected by the sound will be affected, as their tax rates will increase to offset the loss.
Maureen Parizek presented smaller signs that will be available tonight as well as at tomorrow's meeting. She reminded everyone of the petition that is going around and asked everyone to sign it.
Jody Parizek stated that he has been a resident since 1966. He thanked the townspeople for their support and opposition to this. It is a complete overreach by our government. He also thanked the town leaders for the work they have put into this.
Diana Shain reminded everyone that the impact will also be felt by the local businesses. The campgrounds will suffer a financial impact as well as UCONN, which is less than 7 miles away and it would be detrimental. She added that she is hopeful that this other town does not find the same problems that we are finding.
Winnie Hart stated that she cannot imagine anyone welcoming this range with open arms. She added that she received information on a toxics action center, which helped the town of Frankln . She then asked Senator Guglielmo if he has had a chance to work on and pursue the two amendments so we can move forward on getting this out of Willington.
Senator Guglielmo was present. He stated that the amendments are under review. The first one states that anytime the range is open, it should be open to the public as well. The other one is to keep it on State property (not purchasing any new land). He added that Stone's Ranch is a no-brainer to him. It is a $10 million state of the art facility on 1,875 acres.
He added that the best thing we can do is stand together. We are all on the same page, but legally, there is nothing we can do. Senator Guglielmo then said the State is going to do what they want to do. The proposal was not on the bond committee agenda. If and when that happens, the residents can pack that meeting. He reminded the residents to keep letting the people in Hartford know that you aren't going away. Senator Guglielmo has sent FOI requests to the four agencies involved; DEEP, DAS, OPM and the State Police to get all of the information that they have. He is hopeful to have something back with their plans. Lastly, he suggested having everyone ask their friends that live outside of Willington send letters to let them know of the opposition. A resident asked if it
could be publicized if it goes to bond.
Lastly, Senator Guglielmo stated the total cost of the project is estimated to be $11 million and the range itself is estimated at $6 million. We need to stick together and he thinks we are ready for a fight.
Cari Donaldson urged residents to check out the website that was created called: "unwillington.com". She asked everyone to send her any information they feel would be helpful to the residents so she can add it to the site. She then urged everyone to sign the online petitions as well. In addition, they have created a twitter and Instagram account. We are trying to poise ourselves in a slick, savvy way. She urged everyone to share the site with everyone they know as well.
Ralph Tulis created a map of the site with the radius and the affected parcels which will be added to the website. That too, will be added to the ‘unwillington’ website.
First Selectman Mailhos opened discussion. She stated that she too, finds it awkward that the public speaks first, but that is just the way our meetings are done. She then stated that the residents would be able to speak afterwards as well. She recapped what has been done since the last meeting where the Board voted in opposition of the site.
The letter of opposition was sent out to the state. First Selectman Mailhos stated she has seen many of the letters that were sent out by residents, and believes it is only a fraction of what was sent, it was amazing the breadth and depth of subject matter. She added she is proud of how our town has come together because of this, adding that she had a good feeling after reading the letters. However, since then, we received the letter from the state that they are moving forward with the EIE. In the meantime she has been talking a lot with Senator Guglielmo as well as our town attorney.
First Selectman Mailhos added that she has been seeking a lot of advice from the attorney as how the town can interact in this process. She noted that sometimes the Selectmen can say things as “a resident”, and other times we say things as representatives of the town; but we need to be careful about those lines; as well as using town resources. She clarified that sometimes we cannot do something right away, or appear hesitant. This is because we want to make sure we are doing things the right way and we appreciate everyone's patience on this.
The Selectmen haven’t had a chance to speak as a board since the last meeting. They have to hold their meetings in public; which is our form of government, and we know, can sometimes slow the process.
First Selectman Mailhos added another thing she has done was to reach out to the various Boards and Commissions in town. She asked them all to discuss the proposed range and consider taking a stance. So far, the Economic Development Commission, Board of Education, Conservation Commission and the Historic District have all voted in opposition and have sent letters of opposition to the state.
In addition, First Selectman Mailhos has reached out to the property owner, but has not heard back as of yet. She has also spoken to the Town Manager of Glastonbury and noted that the situation there is a little different than here, because they were working with state property and the Environmental Impact had already been done. As a result, the study had found an endangered species on the property.
One of the things First Selectman Mailhos would like to do is to hire someone help us look at the Environmental Study, once it comes in to help us understand it better and be more defensive when the study comes out from the State.
Mr. Lytwyn stated that we may have a conflict of interest with our Town Attorney as one of the partners has been involved with the property owner in the past. Attorney McClain clarified that he is aware of this, however it is another member of his firm; not anyone who has been working with Willington. In addition this was many years ago. He clarified that when there is a potential conflict you can reach out to the members on both sides and ask them to waive the conflict. They are currently in the process of that. First Selectman Mailhos clarified that Siegel O'Connor has been our attorney of record for the past 6 years; she was not making reference to hiring a new attorney altogether. She then clarified that Attorney McClain is a municipal attorney and we currently do not have an
environmental attorney. Also, to clarify, Attorney McClain has mostly been working on procedural issues - such as advice about placing signs on the town green, or if we can discuss certain things publicly. Selectman Blessington clarified that we have to remember that we represent the town as a whole, and there are some residents that are in favor of the range, so it would not be fair to hire a lawyer to fight against them. We have a lawyer here to advise us what we can and cannot do. Jeorg Graf stated that we elected you to hire people to do the work and the general consensus is against it.
Selectman Kowalyshyn asked what we would hire a lawyer to do at this time. We have nothing to fight right now. Discussion was held on holding a referendum to get a consensus. First Selectman Mailhos stated that we have been talking about the idea, and it is possible to do, but she warned there would be no legal consequence and we would need to make sure that is clear to everyone. She added that it would be more of an opinion poll or a data point. Mary Kocziki asked if by taking a poll, would give us any other leverage? First Selectman Mailhos stated unfortunately no, but it would be another thing to tell the Governor, and it might be a good thing as it might educate more of the residents of what is going on.
Georg Graf asked why we can't hire a lawyer. First Selectman Mailhos explained that the state hasn't done anything to us yet, so we cannot take legal action. At this point in time, there is nothing to fight. A resident stated if it gets to the point where the Town needs legal representation; it cannot be the Town’s firm because of the conflict of interest. Selectman Blessington clarified that there are so many conflicts with attorneys, we may end up getting a lawyer 2 weeks out of law school as being the only one we can find who hasn't had any dealings with the state.
Attorney McClain agreed and stated this is very early in the process and the state already knows that it will be long process. First Selectman Mailhos has been talking to the Attorneys about the necessary steps throughout the process. She added that our form of Government does not allow us to just hire someone; an RFP must be sought and we need to seek at least three bids and hold an interview process. She added we do not have an environmental specialist at this time, that is why the Board is looking to do their own analysis so they will be ready when the state comes back with the EIE findings. First Selectman Mailhos also warned that we haven't gotten permission to go on the site as it is private property.
Mark Masinda informed everyone that the State of CT needs to get three appraisals and cannot pay more than 10% over the fair market value for any parcel of property. He then wondered if the property owner would still be willing to sell it to the State for that price.
First Selectman Mailhos stated that she would like to write a letter to the Board of Finance to see if we can get money to cover the cost of an environmental study/consultant and asked the other Selectmen if they were in agreement. Selectman Blessington stated that is a very bad idea wanting to purchase land just to take it off of the market. He then asked if they think we will never have any other conflicts in the future? Ralph Tulis agreed.
A resident asked if we could put an injunction on the State or place a cease and desist on the property. Attorney McClain cautioned that the state is working with a private property owner; we cannot tell them what to do at this point and we can’t tell the state not to come into our town that is within the state.
Steph Summers stated that we were told by the state that we need to wait until October (once the EIE is in). She added that the 45 day/comment waiting period and at that point, she feels as if the train has already left the station. She added the state is evaluating the land as well as making the decisions. At this point it is more about the fact that it is an unfair playing field. The Selectmen are looking into what is the common good for the town. She added if we wait until the fall, it may be too late. Selectman Kowalyshyn clarified that we are not waiting around; we can actively work on getting someone on board before we get the results, so we will be ready, but right now there is nothing we can do until we hear from the state. She added that we can’t get on the
property, so we are pretty much need to wait to see what the state comes back with.
A resident stated that this is a critical time for people to sell houses – during the summer. He believes there is more action that can be done. A neighbor just moved in on Cosgrove Road, and then the signs went up about the gun range – they feel like they just lost all their money on their investment.
A resident stated she understands that there is a record of an assessment that was already done on that property. First Selectman Mailhos stated that the land owner tried to develop that land for a few different projects in the past; however she does not believe anything formal has been submitted through the Land Use Department. Ralph Tulis confirmed that a site walk was performed (by IWWC) several years back for a subdivision project. He added if this thing goes through, it is going to have a huge impact on the town, however it isn’t definite yet. Mr. Tulis added being prepared is good and a crowd of residents can raise hell better than the three Selectmen can. Lastly, Mr. Tulis stated that he created the map of the site as a reference to see what parcels are affected. First Selectman
Mailhos clarified that we are not even sure of what they want to build, or where they are going to put it, so we can’t speculate right now.
First Selectman Mailhos stated that she is going to prepare a letter for the Board of Finance (and the other Selectmen agreed); but she will need to know how much money she will need to ask for. She then recommended that the residents attend the Board of Finance meeting on Thursday night. In the meantime, she will give the BOF a heads up that she is preparing the document. She will also ask them to consider holding a special meeting in July as well. She then stated that there might be another request coming to purchase the land as well. A resident asked if we were to purchase the land, would that prevent the state from deciding to go there? The Selectmen said nothing can prevent them and it would be a huge risk. She added that she will begin the process of looking into them, which
would ultimately end up at town meeting.
Todd Bissionette stated that we had a resident who was a witness living with the range in Simsbury, who stated that the noise was unbearable 3 miles away. This is why he is protesting and believes we should have a more detailed map of the Town with what properties will be affected. Bonnielea Stebbins added that the truck stop was never mentioned in any of the discussions – they have hundreds of people go through there on a daily basis; once the range goes in, people will not even want to visit the truck stop, because they will not want to hear the constant shooting; then we will have another empty building in town.
Mary Kocziki asked the Selectmen if they have contacted the neighboring towns asking for support? First Selectman Mailhos stated that is a good idea and will discuss at the CRCOG meeting (which some of our neighboring towns belong) that she will go to tomorrow. She noted that some of the other neighboring towns belong to NECOG, and she will also talk to them as well. In addition, First Selectman Mailhos will send a letter to Region 19 about the proposed range as well.
Mark Masinda asked if we could prepare a fair market appraisal on the property. First Selectman Mailhos stated we would need to get access to the property. Mr. Masinda clarified that a real estate appraiser would be able to do that by researching.
Diana Shain suggested that perhaps the abutting properties might be willing to let the town perform environmental assessments on their land, which might assist the town.
Good & Welfare
First Selectman Mailhos noted that Wilbur Gangaway is retiring as President from the Senior Center. The board of directors will be appointed this week. Wilbur Gangaway has been the president for quite a while. He will be missed.
First Selectman Mailhos noted that the Registrar of Voters has given us information regarding holding a referendum; as it will cost approximately $1,000.
The Selectmen will hold a special meeting next Monday, June 22nd to discuss the process for a referendum as well as Turnpike Road Construction.
Selectman Kowalyshyn moved to adjourn the meeting at 9:00 PM
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Note from the Recording Secretary:
The minutes reflect partial statements made from the residents at the meeting. I understand that I did not put everything that was said by each individual at the meeting; however, I tried to capture a variety of statements mentioned by each person. Also, there are several references made without resident’s names. This is because I was not familiar with those who spoke (and they did not state their name). If anyone feels I misrepresented them; please contact the Selectmen’s office or come to the next Selectmen’s meeting scheduled for Monday, July 6, 2015.
Respectfully submitted,
Robin Campbell
Recording Clerk
Board of Selectmen
860-487-3100
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