BOARD OF SELECTMEN
Meeting Minutes December 7, 2015
Lower Level Conference Room 6:30 P.M.
*Minutes are not official until approved at the next regular meeting
NOTE: This meeting was moved to the Common Room (upper level) due to a conflict with the IWWC meeting to be held at 7:30 P.M. in the lower level.
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 November 16, 2015 as written.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Selectman Kowalyshyn moved to approve the minutes of November 17, 2015 with the following edits (underlined):
Selectmen reconvened at 8:26 P.M. Also: authorizing Branse & Willis, LLC.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Present to Speak:
BOF Chairman, Jim Bulick was present. He presented an email dated November 19, 2015 from First Selectman Mailhos, referencing the expenses (and encumbrances) for the legal fees to fight the gun range to date. He stated that there were some questions that arose at the last BOF meeting, about an appraisal expense of $4,500. He noted that Geoff Prusak (who represents the BOF on the Steering Committee) was not at the BOF meeting, nor was First Selectman Mailhos to answer the questions. The Board of Finance questioned if the money had been spent; and if it hadn’t; to please hold off until someone could clarify for the BOF at their next meeting.
BOF Chairman Bulick stated the BOF felt someone should explain to them why this money ($4,500) should be allocated for the appraisal, as it is the opinion it does not fall under “legal” or “environmental” criteria, as appropriated under the $100,000 budget. He added that he had asked Steering Committee Chairman Taiman to come to the meeting as well, to get further clarification and resolve it quickly. First Selectman Mailhos clarified that the attorneys are looking at appraisal companies, and have not hired anyone as of yet. She added that the Steering Committee voted unanimously to move forward with the appraisal, and the Selectmen voted unanimously to approve it as well because they feel it is an appropriate expenditure. She asked why we wouldn’t move forward at this point, noting that everyone
is following proper allocation of the funding.
Steering Committee Chairman Ed Taiman was present. He explained that the Steering Committee has a member representing the BOF and then asked why we are rehashing this? Chairman Taiman clarified that the $100,000 allocation and directive from the town was to defeat the gun range and why do we have to justify this a second time after it has been discussed. A decision has been made and voted on, and he feels there is no way to change it.
Chairman Bulick asked if someone could go and explain it to the BOF at their next meeting. Steering Committee Chairman Taiman told BOF Chairman Bulick he can explain it to his board when they meet again, noting that it isn’t the Steering Committee’s job to go to the BOF meeting (again, reiterating that they have a member sitting on the Steering Committee). He then suggested that the BOF members attend a Steering Committee meeting if they have issues.
First Selectman Mailhos clarified the need for an appraisal was discussed (at both Steering Committee & BOS meetings – numerous times) and felt it was a necessary data point – the value of the property - needed to move forward; especially since it was based on our attorney’s recommendation. Chairman Taiman reiterated that we have already been through this, and clarified that whenever you are dealing with a piece of real-estate, we need to know where we are at and what the property is worth, as it will help us strategically as we move along. Selectman Kowalyshyn offered to go to the next BOF meeting to explain to the BOF.
First Selectman Mailhos added that she heard the only thing the state has done for the project so far, was to get an appraisal, however we are not able to obtain that information. Having an appraisal will give us a more accurate number of how much the State will to pay for the parcel. Selectman Blessington added there are questions as to why the State wants to purchase this piece of property; and one of the questions being asked is if they ae going to pay a fair price.
First Selectman Mailhos stated that she was planning on attending the next Board of Finance meeting anyway and will answer any questions they may still have.
Correspondence:
A list of correspondence was available at the meeting and in the Selectman’s office.
First Selectman Status Report
*Senior Housing – The Housing Authority said the money should be coming through any day.
*Turnpike Road – We will be requesting an extension on this grant, as it expires in March. We still have not received any approvals to move forward from DOT, DEEP and Army Corps of Engineers. In the meantime, we are working on the bid specifications so we will be ready in the spring.
*Daleville School Bridge – Funding is available (left over from Polster Road Bridge). The Town Engineer is working on the bids to move forward in spring.
*Village Hill Road Drainage – The Town Engineer will be here to discuss tomorrow. The money to finish the engineering for this project has been appropriated; we just need to dust off the plans and reconvene.
*Public Works Garage Improvements – The project is moving along.
*CIP Planning – CIP Requests are due next week. First Selectman Mailhos has a list of projects that will be submitted this year.
*Needs Assessment – TOB – we are seeking estimates to have some repairs done to the building, based on the structural assessment that was done last year.
*Renaming of Senior Center driveway – The Official name change will take place on January 1, 2016. The Post Office has informed us that they are working on the changes, and some of the residences are receiving mail under the new structure. In the meantime, there are a few citizens who are in opposition of the new name. They have warned they will be petitioning a name change, however we have not seen anything as of yet. First Selectman Mailhos cautioned that we have gone through a lengthy process of getting to this point, and there is no compelling reason not to move forward as is.
*EDC Study – the Consultant is almost done with the study. The EDC will present to the Selectmen soon.
*Possible New Ordinance: Forestry/Sexually Oriented Businesses & Child Predators – First Selectman Mailhos stated that she began working on these a while ago, but then the Firing Range news came to Willington, and hasn’t had a chance to revisit them. Selectman Blessington stated that we can shorten the list by removing the Forestry Ordinance as it is based on the idea that the State already regulates logging. By adding such an Ordinance would be redundant, creating a new level of bureaucracy; giving a new bureaucrat a chance to block progress.
Public Works:
Derek reported that the crew has been busy with the following:
- Grading Michalec Road
- Pot hole repairs
- Vehicle/equipment maintenance/repairs
- Roadside mowing
- Repair sink holes on Eldredge & Navratil Road
- Remove section of guide rail for button factory on Luchon Road
- Install driveway apron on 112 Old Farms Road,~ road water entering property
- Cut trees and strip topsoil for parking area on Mason Road for Talmadge Track/Knowlton Preserve trail parking
- Dig storm drain outfalls
- Sign installation
New Business
- Appointments – Historic District
First Selectman Mailhos moved to re-appoint Timothy Blauvert as an alternate member of the Willington Historic District; effective January 1, 2016, expiring January 1, 2021.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
First Selectman Mailhos moved to re-appoint Mary Beth Caron as a regular member of the Willington Historic District; effective January 1, 2016; expiring January 1, 2021.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
- WRTD – Updated Bylaws Discussion (Representation for Willington)
Jennie Arpin was present. She stated that WRTD has recently updated their Bylaws. WRTD is responsible for transportation (assisting the elderly & disabled) in Willington (among other Towns in the Windham Region). Ms. Arpin noted that Willington is not represented on their Board of Directors, although we pay for their services (which include Dial-A-Ride, municipal grant service or the WRTD bus). First Selectman Mailhos mentioned that the WRTD Board of Directors has been recently restructured; but wondered if they were asking Willington to put a name forth to sit on the board. Selectman Kowalyshyn asked Ms. Arpin if she would be interested in serving on the board to represent Willington. Ms. Arpin said she could. Selectman Kowalyshyn clarified if she wasn’t and we can’t find
anyone to serve, it may be a waste of time to pursue. First Selectman Mailhos asked if the person representing Willington must be a resident. Ms. Arpin said she would look into that. First Selectman Mailhos noted that we are one of the only towns that receive services from WRTD that does not have a spot on their board. She added, right now we have no voice, and have been receiving supplemental bills; perhaps we would be able to express our dissatisfaction. In addition to the financial portion, we may be privy to service issues that we otherwise are not informed of.
Selectman Kowalyshyn also questioned Article III in the bylaws, that references membership withdrawal, “Any member municipality may withdraw from the District of the municipality’s legislative body votes to do so. In such event, the Board of Directors, including any Director from the withdrawing municipality, shall determine the share of the District’s expenses and obligations remaining due from municipality. The municipality shall pay or secure such amount to the District before the withdrawal shall become effective.” She stated it is subjective; either we are already members, or it may cost us more money to join. She then asked Ms. Arpin to research before making any decisions. She then asked if we have to pay more, is it worth it to join? Ms. Arpin stated that she will
look into this and re-visit this at a future meeting.
- Resolution – Lease for WFD#1 Fire Apparatus
First Selectman Mailhos recapped the December 1, 2015 public hearing, where WFD#1 presented two trucks from different manufacturers, however they are the same model. The Fire Department is still waiting for the final prices to come back and have noted that the pricing has been very competitive to this point. In the meantime, the Business Manager has gone out to bid on the financing and found the best rate with Signature Leasing. The Business Manager would like to lock in the financing rate, and has suggested moving forward with that, even though the Fire Department has not selected the vendor for the apparatus. In addition, as part of the leasing process, a Resolution must be adopted first. Selectman Kowalyshyn asked the Fire Department when they are going to get the final prices in. WFD#1
Member Tyler Millix stated hopefully in a few weeks. He added that the resolution and financing is only to secure the interest rate and the loan, which does not affect the type of apparatus they decide on.
First Selectman Mailhos asked what happens if the price goes below $625,000? Chief Moore stated that it is highly unlikely for the cost to go under that. First Selectman Mailhos then asked if it ends up to be more than the $625,000? Member Millix stated that the private corporation will be obligated to cover any overages, not the taxpayers. If it comes in under the $625,000, then the lease should probably be modified at that point. Chief Moore clarified that both of the trucks are the same exact model, but one maker offers a stainless steel body, and the other will have a poly body.
First Selectman Mailhos presented the Resolution for the 1500 GPM Pumper/Tanker and moved to adopt the following:
FORM OF RESOLUTION
Resolution of the governing body of the Town of Willington, CT, authorizing the Incurring of Lease Obligations in any amount Not to Exceed $625,000.00 To Be Evidenced By the execution and delivery of a SCHEDULE under the existing Master Equipment Lease-Purchase Agreement DATED August 20, 2015 (December 7, 2015) with respect to the acquisition, purchase, financing, and leasing of certain equipment for the public benefit; authorizing the execution and delivery of documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution.
Whereas, the Town of Willington, CT (the “Lessee”), a body politic and corporate duly organized and existing as a political subdivision of the State of Connecticut, is authorized by the laws of the State of Connecticut to purchase, acquire, and lease personal property for the benefit of the Lessee and those it provides services to and to enter into contracts with respect thereto;
Whereas, the Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; including without limitation various public safety equipment such as a 1500 GPM Pumper/Tanker with a custom chassis and all other equipment Lessee or its Designated Officers may deem necessary and/or desirable (the “Equipment”) in an amount not more than $625,000.00, and the Lessee hereby finds and determines that the realistic estimated useful life of the Equipment is at least Eight (8) years.
Whereas, in order to acquire such Equipment, the Lessee proposes to enter into a Schedule under the existing Master Equipment Lease Purchase Agreement dated as of August 20, 2015 (together with the Lease Schedule that will be dated at the time of signing the financing agreement and proceeds are disbursed and all related exhibits, schedules, and certificates attached thereto, the “Lease Agreement”) with Signature Public Funding Corp. (the “Lessor”) (collectively, the “Transaction Documents”), the forms of which have been presented to the Governing Body of the Lessee at this meeting;
Whereas, the Governing Body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Transaction Documents for the purchase, acquisition, and leasing of the Equipment to be therein described on the terms and conditions therein provided;
Now, Therefore, Be It Resolved and Enacted by the Governing Body of the Town of Willington, CT as follows:
Section~1. Approval of Documents. The Governing Body of the Lessee hereby approves the form, terms and provisions of the Transaction Documents in substantially the forms presented to this meeting and authorizes and directs Christina B. Mailhos, the First Selectman, and Donna Latincsics, the Business Manager, of the Town of Willington, CT, and such other persons as he/she/they may delegate (the “Designated Officers”), and each of them individually, for and in the name of and on behalf of the Lessee, to execute, attested, seal, and deliver the Transaction Documents, and any related Certificate, Exhibits, or other documents attached thereto substantially in such forms as presented herewith, together with such changes, modification, negotiations, insertions, revisions, corrections, or
amendments as shall be approved by the officer executing them. The execution of the foregoing by a Designated Officer shall constitute conclusive evidence of such officer’s and the Governing Body’s approval of any such changes, insertions, revisions, corrections, negotiations, or amendments to the respective forms of agreements presented to this meeting.
Section~2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Transaction Documents to carry out, give effect to, and consummate the transactions contemplated thereby (including the execution and delivery of Certificates of Acceptance and Disbursement/Payment Requests, Notice and Acknowledgements of Assignments, and any tax certificate and agreement, each with respect to and as contemplated in the Agreement and/or Escrow Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Transaction Documents. The Designated Officers
and all other officers and employees of the Lessee are hereby directed and authorized to take and shall take all action necessary or reasonably required in order to select, purchase, and take delivery of the Equipment. All actions heretofore taken by officers, employees, and agents of the Lessee that are in conformity with the purposes and intent of this resolution are hereby approved, confirmed, and ratified.
Section~3. No General Liability. Nothing contained in this Resolution, the Transaction Documents, nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Transaction Documents, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, as provided therein.
Section~4. Appointment of Authorized Lessee Representatives. The Designated Officers are each hereby designated to act as authorized representatives of the Lessee for purposes of the Transaction Documents until such time as the Governing Body of the Lessee shall designate any other or different authorized representative for purposes of the Transaction Documents.
Section~5. Severability. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution.
Section~6. Repealer.~~All bylaws, orders, and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution, or ordinance or part thereof.
Section~7. Qualified Tax Exempt Obligations. The Lessee, and its Governing Body, designate its obligations under the Lease Agreements as “qualified tax exempt obligations” as defined in and for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
Section 8. Effective Date.~~This Resolution shall be effective immediately upon its approval and adoption.
The foregoing Resolution was duly passed and adopted at a meeting of the Board of Selectmen (the “Governing Body”) of Town of Willington, CT held on December 7, 2015, by the following vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
- Award Financing for WFD#1 Fire Apparatus
First Selectman Mailhos moved to award the 8 year lease for a 1500 GPM Pumper/Tanker in the amount of $625,000 to Signature Public Funding Corp at an interest rate of 2.11%.
Selectman Kowalyshyn seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
- Set 2016 Town Holiday Schedule (including Selectmen’s Day)
First Selectman Mailhos presented the holiday schedule. She noted that the Selectman Day holiday would best held on Friday, December 23rd. We checked with the employees, and most were in agreement.
Holiday Day Closed
New Year’s Day Friday, January 1, 2016*approved at BOS December 1, 2014.
Martin Luther King Jr. Day Monday, January 18, 2016
President’s Day Monday, February 15, 2016
Good Friday Friday, March 25, 2016
Memorial Day Monday, May 30, 2016
Independence Day Monday, July 4, 2016
Labor Day Monday, September 5, 2016
Columbus Day Monday, October 10, 2016
Veteran’s Day Friday, November 11, 2016
Thanksgiving Day Thursday, November 24, 2016
Day after Thanksgiving Friday, November 25, 2016
Selectmen’s Day* Friday December 23, 2016
Christmas Day (observed) Monday, December 26, 2016
New Year’s Day -2017 (observed) Monday, January 2, 2017
First Selectman Mailhos moved to accept the 2016 holiday schedule as submitted with the addition of Selectmen’s day being December 23, 2016.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
- Set Selectmen’s Meeting Calendar
First Selectman Mailhos presented the calendar. Meeting days will remain first and third Monday of the month, unless Monday falls on a holiday:
Jan. 04, 2016 Jul. 05, 2016 (Tuesday)
Jan. 19, 2016 (Tuesday) Jul. 18, 2016
Feb. 01, 2016 Aug. 01, 2016
Feb. 16, 2016 (Tuesday) Aug. 15, 2016
Mar. 07, 2016 Sept. 06, 2016 (Tuesday)
Mar. 21, 2016 Sept. 19, 2016
Apr. 04, 2016 Oct. 03, 2016
Apr. 18, 2016 Oct. 17, 2016
May 02, 2016 Nov. 07, 2016
May 16, 2016 Nov. 21, 2016
Jun. 06, 2016 Dec. 05, 2016
Jun. 20, 2016 Dec.19, 2016
Jan. 03, 2017 (Tuesday)
Jan 17, 2017 (Tuesday)
First Selectman Mailhos moved to accept the 2016 Selectmen Meeting Calendar
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
*Meeting Calendar attached to minutes and filed with the Town Clerk.
Old Business
- Proposed State Police Firearms Training Facility Discussion
First Selectman Mailhos stated that the Steering Committee update was pretty much covered under “Present to Speak”.
She and Stef Summers (President of “Unwillington, Inc.” recently attended a meeting with Joe Courtney. Ms. Summers stated that Congressman Courtney has publicly suggested having the State Police collaborate with the National Guard. It has been found that there is plenty of room to do that, and the National Guard is welcoming them. In addition, Congressman Courtney has sent several letters in regards to the facility merging with the National Guards’ facility; however the state officials say that the facility does not meet their needs at this time. Since then, Congressman Courtney has been discussing the issue with State and Federal officials to see how they can help resolve the issue. He visited the site with Senator Guglielmo recently, and the National Guard officials appear to be open to
discussions. She added that the current range does not have an indoor range; however there is room for them to build to suit. Selectman Kowalyshyn stated that even if the state decides not to come to Willington, we as taxpayers should still be upset, if they don’t consider this because they are wasting our money by building something that isn’t necessary.
“Unwillington, Inc.” member Geoffrey Ecker stated that he was approached by a few separate UCONN journalism students, had asked to interview him (for a project due) and many of them had asked to review plans for the project to add to their journalism submittals. He clarified that there are no plans, and we have gotten this far, and there are still no plans or schematics yet.
First Selectman Mailhos stated that our State and Federal representatives are working on this in a bipartisan way, not only to help us out, but because they see it as a bigger issue and a way to save money.
Good & Welfare
First Selectman Mailhos congratulated our Assessor, Mary Huda, who recently received the State of Connecticut “Assessor of the Year Award.” First Selectman Mailhos stated that Ms. Huda is great, and is very helpful in other towns as well. We are very happy with Ms. Huda. She goes above and beyond. The award was well deserved!
Selectman Kowalyshyn noted that the Dunkin Donuts on Routes 32 & 74 has opened. It has been long awaited.
First Selectman Mailhos noted that budget season is upon us. The Selectmen will need to start working on the budgets in January. The schedule will be added to the next BOS meeting.
Robin Campbell asked BOF Chairman Bulick if he would be willing to sit on the CIP Committee as Board of Finance Chairman. Mr. Bulick stated he would.
Selectman Blessington stated that he has seen some clearing activity in the old Phelps garage. The garage has been sold and they are clearing up the lot.
Selectman Kowalyshyn moved to adjourn the meeting at 7:48 P.M.
Selectman Blessington seconded the motion.
Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.
Respectfully submitted,
Robin Campbell
Administrative Assistant
Attachments: 2016 TOB Holiday Schedule
2016 BOS Meeting Calendar
Board of Selectmen
860-487-3100
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