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Board of Selectmen Minutes 09/08/2015
BOARD OF SELECTMEN
Meeting Minutes                                                                 September 8, 2015
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 6:30 P.M. with the following in attendance:  Selectmen Kowalyshyn & Blessington and residents.  First Selectman Mailhos noted that the meeting location had changed (due to a conflict with the BOE) and then led the Pledge of Allegiance.

Approval of Minutes:

Selectman Kowalyshyn moved to approve the minutes of August 17, 2015 as written.   
Selectman Blessington seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Present to Speak:

Christine Psathas stated that she had come to the Selectmen a few months ago regarding the plethora  and longevity of signs on the Town Green.  She is glad the Selectmen will be visiting a sign policy and is hoping that the Selectmen will allow the public to weigh in on the discussion before the policy is finalized.

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 not much has changed on the report since the last meeting.   The Old Town Hall painting has been finished.  First Selectman Mailhos stated that we have money left over, and wanted to know if the Selectmen would be in favor of using it to restore the stage area and update the vestibule area.  She will look into it.  

Public Works:

Derek reported that the crew has been busy with the following;

•     Paving of Daleville School, Mason Rd
•     Roadside mowing
•     Vehicle/ equipment repairs
•     Dig out storm drain outfalls
•     Clean up around O.T.H.
•     Pick up dock and lifeguard chair at Halls pond
•     Mow Public Works, Transfer Station, Dog Pound
Derek added that he would like to commend the crew on a job well done on paving next year’s chip seal route. The roadways used more asphalt then anticipated due to severe wheel rutting so we weren't able to pave the entire route but will pick up and finish Parker and Cowles Roads under next year’s budget.

Also Turnpike road milling will begin on September 10th and take approximately two days. The paving is scheduled to take place the week of September 21st.  We are still waiting on a firm date for paving and the dates  could change due to rain.

  • Award Snow Plow Contract
We received one bid:  Hipsky Construction, LLC; can provide two trucks at $95.00 per hour

Selectman Kowalyshyn moved to award the snow plow contract for the 2015-2017 snow plowing season to Hipsky Construction as per their bid of $95.00 per hour
First Selectman Mailhos seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

New Business

  • Land Conveyance –parcel on  Turnpike Road to the Town of Willington
First Selectman Mailhos stated that we have been offered a parcel of property on Turnpike road by the owner.    Robert Shabot clarified that the parcel is adjacent to the Cell Tower on Turnpike Road and is .7 acres.  The acreage will add to the 8 acres (that has wetlands that runs into Roaring Brook) that the town owns.   

First Selectman Mailhos clarified that the property owner would like to donate it to the Town.  She added that the Conservation Commission is in favor of this and we have also received 8-24 approval from Planning and Zoning.  The Town Attorney states that the Town can accept a gift of real estate through the actions of the Board of Selectmen at a regularly scheduled meeting. There’s no need for a Town Meeting, unless we want one.  Prior to accepting title, he  recommend that a title search be performed on the property and that someone review the property’s prior historic uses to make sure that no hazardous wastes, underground storage tanks, etc. are on the property.  

Lastly, First Selectman Mailhos added that the formal paperwork would need to be written, and a motion created at a future Selectmen meeting.   Selectman Blessington stated he does not have a problem with this, as long as there are no complications.

  • Land Conveyance – quit claim deed to the Federated Church of Willington at 236 Tolland Turnpike
The Federated Church has sent a letter requesting for the Town to quit claim a piece of property (which is a 0.15 acre parcel) to them.  It recently came to the church’s attention that the front lawn of the church may belong to the Town (however, it is not clear, as there is no indication as to who it belongs to in the Town’s land records).   First Selectman Mailhos noted that the Town Attorney warned that we need to be sure that the Town owns it, before deeding it to them; and right now, there appears to be no owner on record.   Mark Palmer noted that he believes there is such proof as the land was deeded to the town with a 999 year lease (which is the last record that he could find).  

 The Surveyor, Peter Henry, LLS (who is now retired and living in Florida) worked on the title search for many years and consulted with Mark Palmer to research the land records.  Mark Palmer stated that he has gone back to the 1700’s.  

First Selectman Mailhos clarified if it can be established that the Town owns title, and then we will be able to turn it over to the church; but we cannot assume.   Mr. Palmer clarified that the Glaziers deeded the property to the Baptist Society and the land is part of the Town Green; as soon as church members step out of the church, they are on Town Property.  David Ignatowicz asked the Selectmen if it would be possible to have the Town Attorney review it to see if they can clarify who the property owner is.   

Selectman Blessington stated that this should be resolved, but is not urgency; as it has gone this long.  Mark Palmer stated that the church would like to have some closure on this.   David Ignatowicz added that the church has spent over $2,500 so far; and would not like to have this derailed.  Mr. Palmer will send the information that he has drawn up to the Selectmen’s Office, and we will forward to the Town Attorney to review.  

First Selectman Mailhos stated if the parcel is found to be owned by the Town,  then we will go to Town Meeting to quit claim the deed to the church.   Mark Palmer asked why the Town would want to deed town property to a private entity.  It is public property right now, there is no liability.   First Selectman Mailhos clarified that the church maintains the property and their sign is on there.    Selectman Kowalyshyn added that the piece of land will not benefit the Town.   Mr. Palmer stated that it is part of the Town Green; and what if they sold the property?   Selectman Blessington clarified that this piece of property has always been known as part of the church, why wouldn’t we want to make it official?  He added that it could be figured out at a Town Meeting.  

First Selectman Mailhos stated that we will keep it on the agenda and review at the next meeting.

  • Town Green Sign Policy
First Selectman Mailhos said that we have had an informal policy regarding the town green that we have followed.   The understanding was always that the signs should be of a temporary nature, and needed authorization to be placed on the green prior to placing any sign on the green.    We have had instances where out of town organizations have placed signs on the green without permission.   We have had other issues with signs being placed on the green, but this year has been out of the ordinary, as there has been an overage of signs with the proposed gun range.  

First Selectman Mailhos clarified that our Planning and Zoning Commission does not allow permanent signs without an approved permit and they cannot be over a certain size, which is 2’ x 4’.  They also allow banners, rather than temporary signs for businesses that are “coming soon”.  She added that she drafted a policy based on the rules that we have been following all along, and also added further clarification.  

First Selectman Mailhos read the draft:
Town Green Sign Policy:

Signs on the Town Green will be allowed under the following circumstances:

Approval of placing any and all signs on the Town Green must receive authorization from the Selectmen’s Office

•     The sign must be from a Willington non-profit or other bona-fide organization
•     The sign must be about an upcoming event (being held in the Town of Willington only)
•     The sign must be of a temporary nature and not exceed 2’ x 4’
•     The sign must not obstruct any site line or traffic signs creating dangerous driving conditions
•     The sign will be allowed to stay on the Town Green for no more than 3 weeks.
•     The sign must be taken down 24 hours after the event in which was advertised
•     No advocacy or political signs are allowed

The Town of Willington Public Works’ Department or State of Connecticut DOT and/or any Town Official has the authority to remove any sign from the Town Green if deemed inappropriate, or if it has been erected over the allotted 3 week timeframe.  Signs will be brought to the Public Works’ / DOT Garage or the Town Office Building, where the person(s) belonging to the sign can retrieve it.  

First Selectman Mailhos stated that we don’t always know who puts the signs on the green (as they do not seek permission).   Other towns have policies in place and have ways to tell if they have permission on the signs.  Tolland, for example only allows 5 signs on their town green at a time and have a policy in place where the signs are labeled so they know which signs have been authorized and they only get to leave it up for 2 weeks

Selectman Blessington stated that the Town Green belongs to the people and we have gotten along just fine until now.  He is not in favor of creating a bureaucracy about this.  The thing that created the problem was the “Unwillington, Inc.”  group had placed advocacy signs before the referendum, despite being told they couldn’t and that was in addition to the permanent sign they placed there; regarding their weekly meetings.   First Selectman Mailhos noted that the signs were removed a few days ago, as the church group is preparing for the flea market.  Tish Ignatowicz added that the signs (that were quite large) were sitting in spaces that vendors paid for to use the space for the flea market.  

Selectman Kowalyshyn disagreed with Selectman Blessington, stating that we do need a little bit of bureaucracy – there are so many signs that are placed on the Town Green during the year, to make sure they all can be seen and not clogging up the green.  Selectman Blessington argued that they are not hurting anyone.  Christine Psathas said they are hurting her – as she is a resident of the Historic District and lives on the green.  She passes by the signs every day, and is sick of seeing the same signs that never get taken down.  She added that there are some groups in town that have had the signs on the green for years, that have been responsible and take them down after their events, but others do not, and makes the Town Green ugly.  She added that the area needs to be kept neat and a historic sense.

Selectman Blessington said that he likes the way it is written.  He then asked for clarification on: The sign must be about an upcoming event (being held in the Town of Willington only);  First Selectman Mailhos noted that she thought of that after she read it, and thought perhaps it could say that it should benefit Willington residents.  

The sign size limitation was then discussed – Tish Ignatowicz stated that the flea market sign is much larger.  Mary Kocziki agreed and stated that the Boy Scout’s sign is larger (the size of a piece of plywood) also.   The sign must also be “free-standing” as well.   

Discussion was held on how long the signs should be up for and when they should be taken down.    Robin Campbell will look to see if other towns have written policies.   

First Selectman Mailhos said we will leave this on the agenda and will discuss further.  

  • Tax Refund
First Selectman Mailhos moved to refund $911.96 to Access Senior Housing of Willington for an abatement of taxes to corporations.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.



  • Fire Department Tax Abatement Requests
Willington Hill Fire Department President, Brian Violette was present and handed the Selectmen an updated letter regarding abatement information.

First Selectman Mailhos stated that she had met with the Willington Hill Fire Department at the end of August.  As per the Ordinance, the Fire Department is to send a letter stating which members would be eligible for the abatement, and the information would be spelled out.  She noted that going forward, this will be a legal document, and it will set  the guidelines going forward.  She added that the Fire Department has also submitted the backup data (calls) that the members attended.   First Selectman Mailhos then stated that she did have a question on that, as it did not look as if it were accurate (for example, the number of local calls exceeded the number of total calls).  WHFD President Violette clarified that the data formula was incorrect, and the department was fixing that and would be sending an update.

First Selectman Mailhos asked the other Selectmen if they would be willing to accept the letter, even though it is a few days late.    The Selectmen reviewed the revised letter (that was submitted tonight) and saw a few typos, and the date should be changed to the current date (as it was dated August 29th).  Lastly, the Selectmen strongly recommended that the letter have at least two signatures on it.  WHFD President Violette clarified that he was comfortable with being the only one to sign it – and added that the Department has been very transparent with their data and the information submitted.  He then added that he was trying to expedite the letter, and did not have a chance to have the Chief sign it.  

WHFD President Violette will change the typos and the date on the letter, have Chief Snyder sign it and re-submit it to the Selectmen.

First Selectman Mailhos moved to accept the letter from the Willington Hill Fire Department in regards to the abatement for the time period of July 1, 2014-June 30, 2015 (after it is amended) even though it was submitted after the August 31st due date.   
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.  

  • Appointments
First Selectman Mailhos moved to appoint Geoff Prusak as a member representing the Board of Finance to the State Police Training Facility Steering Committee; effective August 17, 2015; expiring once the Committee has completed the charge of its course.  
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Blessington moved to appoint Steve Ortiz as an alternate member of the Board of Finance; effective September 8, 2015; expiring November 15, 2015
Selectman Kowalyshyn seconded the motion.
Selectman Blessington said he checked with the Town Clerk and there seems to be some confusion.  The Board of Finance did not appoint Mr. Ortiz within a 30 day window; (after a vacancy) but the BOF minutes reflect that he was appointed at their last meeting on August 20th.  Selectman Blessington clarified that per the Town Clerk, the Selectmen should be the board that appoints after that 30 day period.   He added that he wasn’t at the last BOF meeting, and is not sure if the BOF had appointed him or not; and the minutes do not say anything about recommending to the Selectmen that he be appointed.   The August 20, 2015Board of Finance minutes state:  “John Patton moved to recommend that Steve Ortiz be appointed to the Alternate position on the Board of Finance.  Alan Ference seconded.  All were in favor, motion carried.”.      Selectman Kowalyshyn questioned it, and read it as it was recommended to go to the Board of Selectmen.
Mark Palmer stated that the motion is part of public record, which is on file in the Town Clerk’s office.  Once it is recorded, it is official.    The Selectmen will see if they can listen to the meeting recording to get clarification to see if the minutes were missing some wording.  (for example: a recommendation to the Board of Selectmen).  In the meantime, their vote should make it official if it wasn’t already.  
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

First Selectman Mailhos moved to appoint Geoffrey Ecker as an alternate member on the Willington Historic District Commission; effective September 8, 2015; expiring January 1, 2018
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

First Selectman Mailhos stated that we still have two alternate openings on the Planning and Zoning Commission.  

Old Business

  • MS4 Update
First Selectman Mailhos stated that she has been attending bi-weekly meetings with CCM, COST, and their attorneys (she was invited to these meetings because Willington was the only town to submit a petition to request a public hearing) in regards to the new storm water regulations.   The meetings are held at DEEP Headquarters to discuss and come to an agreement in how the permitting process should be done.   The CFE (Connecticut Fund for the Environment) who believes that the regulations are not strict enough is also at these meetings.  First Selectman Mailhos stated that she feels she is representing the 8 towns who are new to the permit and will have to do extra work (and spend more money) to be in compliance.   She added that the only reason why Willington was included in the permit is because of the 2012 census and the federally designated “urbanized area” that is based on population density.  WE attribute it to the apartment complexes in the southern part of town.  Some of the other smaller towns requirements, however were removed, which is great for them and the Tier I towns requirements have been reduced,  however the ones that remain on the list are quite extensive – such as mapping our catch basins and monitor them yearly (across the entire town; which is ridiculous, as there is only one small area in town that is “urbanized”).  These other requirements can be costly as we do not have extra manpower to do these things.  

On Thursday, September 10th, the DEEP will hold a Public Hearing regarding the proposed changes to the permitting process.  The updated version of the permit is available on their MS4 page (on www.ct.gov/deep/stormwater)

Selectman Blessington asked what the enforcement is for the towns that don’t follow the process.  First Selectman Mailhos stated that the question has been asked at the meetings, but there have been no clear answer.

First Selectman Mailhos and our Public Works’ Director, Derek Dimmock will be attending the meeting on Thursday in Hartford.  

  •  Proposed State Police Firearms Training Facility Discussion
  • Steering Committee Update
First Selectman Mailhos stated that the Steering Committee met on August 28th.  Ed Taiman was appointed as Chairman.  The Committee will meet tomorrow night; and the Town Attorney has requested for the Selectmen to attend that meeting.  The Selectmen will meet afterwards at a special meeting.   

First Selectman Mailhos added that she has heard from the property owner on Ruby Road.  The owner stated to our Attorney that he has no issues with any of the Town’s consultants entering the property and he reiterated that the property is still for sale and entertains offers from anyone willing to make one.   In the meantime, our consultants have begun evaluations.

On September 1, First Selectman Mailhos met with Nancy Wyman.  She felt that the meeting was encouraging and we have an open line of communication.   Lt. Governor Wyman told us that the Bond Commission will most likely have the EIE funding request on the agenda.  If the money is approved to move forward with the EIE, we can expect the EIE to take a year.    First Selectman Mailhos stated that Lt. Governor Wyman was sympathetic and told her to be patient.  

Selectman Kowalyshyn stated that the EDC has discussed trying to change the zone for potential properties that become available to make it more appealing to businesses who want to come in.  Selectman Blessington cautioned changing residential to commercial on the spot is not good policy; then everyone will want to change it and you may as well not have zoning.   Robert Shabot warned that you have to be careful - that is what Vernon did many years ago.  They had a vision of putting shops resembling Evergreen Walk in the Kmart plaza.  They now have a strip mall and Stop & Shop- they ended up having little or no control of what went in there.

Another discussion held at the Steering Committee meeting was a request from member David Lytwyn to have an appraisal done on the property.  Mr. Lytwyn, who was present, stated that he believes getting an appraisal of the property will help the Town understand what it is worth, but it is also good to know what the town would be looking at the value lost if the range were to come here.   He added that a recent study (from the United Way) shows that the Town has 39% of residents who live just above the poverty level and most of those were expecting to use the equity in their homes – now the homes will be worthless.  On top of that, we could experience an economic downfall as well as a 25% loss of population.  First Selectman Mailhos clarified that it wouldn’t happen until after it is built, and we cannot make a claim on something that hasn’t happened yet.

First Selectman Mailhos noted that another reason we should seek an appraisal is for when the State comes back with their EIE and appraisal, we should know what to expect – and have the documentation to compare.   She then added it all comes down to what Willington can afford.   Mr. Lytwyn clarified that you are probably looking at $30 per household to purchase the property.  He added that  having an appraisal done will be a small amount and money well spent.  

First Selectman Mailhos clarified that the Steering Committee had voted to bring the request  before the Selectmen (for the appraisal) as it was an additional expense.  She added that as of right now, she does not know what we have already spent so far; and suspects we have spent close to $30,000 so far.    Selectman Kowalyshyn said she is not ready to decide and would like to talk to the Steering Committee first.  She added that it doesn’t seem like a lot of money, but in the scheme of things, we need to decide what is more important and valuable to us before making a decision.   

Winnie Hart asked if there was more to the meeting with Lt. Governor Wyman, as the report from First Selectman Mailhos did not really sound optimistic.   First Selectman Mailhos clarified that she didn’t’ have a lot to share, but wanted to send a message that Willington will be OK in the end and we just have to be patient.   She added that the message she got out of it is the state started the process and needs to follow through to the end.  

Good & Welfare


First Selectman Mailhos noted that she has received some statistics form the latest referendum:  (appropriating $100,000 to fight the gun range); the turnout was 33.21%; slightly higher than the library referendum, which was 30.73%.  She added that the Region 19 referendum (held in 1992) is the largest on record; - 38.51%.  She thanked the Registrar of Voters for the information.    Selectman Kowalyshyn said we should get that kind of turnout every year for our budget (referendum).

First Selectman Mailhos reiterated that the Planning & Zoning Commission still has vacant spots.

The Registrars held a ballot order lottery today.   There are only three boards that have a race; The Board of Education has 4 open seats and 5 people running; Library board has 2 open seats; 3 people running; Region 19 has 2 seats with 4 people running and lastly, Planning & Zoning has 2 open seats, and only 1 person running.  Selectman Blessington said he would like to see more people step up to help run the town.  

Joe Phillipi stated that the 13th annual car show will be held on October 10th and it will be their 10th anniversary for the CT Street Legends.   The money is donated to the Marine Foundation after every show.  Mr. Philipi stated that he receives emails from them and they are so appreciative of the money.

Robert Shabot stated that the Daniel Glazier Tavern will be open during the flea market this Saturday, and they will have Willington  buttons on display as well as a demonstration of button making on a machine from the Masinda button shop from 1903.

Selectman Blessington moved to adjourn the meeting at 8:35P.M.
Selectman Kowalyshyn seconded the motion.
Vote:  3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Respectfully submitted,
Robin Campbell
Administrative Assistant


Board of Selectmen
860-487-3100

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