Town of Willington, CT - Board of Selectmen Minutes 11/07/2016

Board of Selectmen Minutes 11/07/2016

BOARD OF SELECTMEN

Meeting Minutes November 7, 2016

Old Town Hall 6:30 P.M.

*Minutes are not official until approved at the next regular meeting

First Selectman Mailhos called the meeting to order at 6:30 P.M. with the following in attendance: Selectmen Kowalyshyn & Blessington and residents. First Selectman Mailhos led the Pledge of Allegiance.

Approval of Minutes:

First Selectman Mailhos moved to approve the minutes of October 17, 2016 with the following edit: under “Good & Welfare” The 14^th annual Car Show raised $1,075, which was donated to the Marine Corp Law Enforcement Foundation.

Selectman Kowalyshyn seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Present to Speak:

No one was present to speak.

First Selectman Mailhos noted the restoration that has been done on the stage as well as the vestibule, which was done over the past few months. It looks very nice.

Correspondence:

A list of correspondence was available at the meeting and in the Selectman’s office.

First Selectman Status Report

*Senior Housing – The buildings are at various stages of completion. Eversource has requested an easement and we are in the process of working out the details. In the meantime, the contractors continue to target spring of 2017 completion date.

*Old Town Hall Electrical and Restoration – the electrical upgrade and restoration have been completed and this item will be removed from the report.

*Turnpike Road Phase III- The drainage work is scheduled to be completed by Friday. If all goes well, Public Works can begin milling as early as next week and then pave it shortly thereafter.

*Repairs to Daleville School Bridge –Approvals have been granted by DEEP. The Town Engineer is working on details with the National Diversity Database in regards to the effect on wildlife in the area prior to moving forward with the bids.

*Senior Center Septic Re-Permitting – We received one bid. The Town Engineer is reviewing the submittal.

*MS4 Consulting/Compliance – First Selectman Mailhos attended a seminar a few weeks ago with other Town Officials and our Public Works Director. They now have a better understanding on what is expected of us. We are also going to work with the NEMO group at UCONN who will assist us in the process as we go along.

*Public Works Environmental Configuration Engineering (New Salt Shed) – the Town Engineer is working on the design and is near completion.

*ACO new truck – The truck is in. The lettering is done and the cap is on. The lights will be put on shortly. This item will be removed from the report. A side note: the old ACO truck was auctioned off for $4,025.

*PZC-POCD – The public meeting was held last week and was well attended. Other meetings will be held through the PZC on the first Tuesday of each month.

*Crumbling Foundations – The Town Meeting was held last week and was voted in favor of figuring out a fee-waiver or a rebate. That will be discussed shortly. The State Attorney General report was released on Friday, naming pyrrhotite as the main culprit. First Selectman Mailhos added that another meeting of Town leaders is set for December 1^st with CRCOG and the legislators. She added that there is lot of proposed legislation for several items coming up to help people with the problem. After the election, the newly elected officials will begin to work on the new laws and tee them up for session that starts in January.

*VCI (Vibrant Community Initiative)- The Committee met via telephone a few weeks ago with the consultant to go over the edits, as recommended by the SHPO (State Historic Preservation Office). The edits were approved and will be re-submitted for the next SHPO review.

Public Works:

Derek Reported the crew has been busy with the following:

Roadside mowing

Clean up leaves~at T.O.B and O.T.H

Replace catch basin top/repair basin on~~Moose Meadow

Trim Roadside brush too large for roadside mowers

Clean storm drain outfalls

Sweep Mihaliak Ext for paving

Pave Mihaliak Ext ( Previously paved section)

Sign installation/repair

Removal of animals stuck by motorist

Chip trees that had fallen from 10/22-10/23 high winds

Clean up broken glass on Luchon Rd

Service plows for winter season ( install new edges, weld cracks, replace leaking hydraulic hoses)

Wash vehicles and spray undercarriages with fluid film: (rust preventive)

Spread mulch at RRAC ( newly installed swings)

Brush removal on Kuchko Rd (illegally dumped)

Pot-hole repair

Push up winter sand deliveries

set up Library for POCD meeting

Vehicle/equipment service/repair

Set up T.O.B. for voting

Derek added that he would like to remind~residents that the winter season is upon us and to take advantage of the warmer~weather,~check the condition of~your mailbox and repair if necessary. Public Works only replaces mailboxes if hit by the plow not from the force of snow and ice. Also the snow removal ordinance:~ that no person shall deposit any snow or ice onto the traveled portion of any town road.

Winter sand is also available at the Transfer Station during business hours, the sand mix/salt at the Public Works complex is not for residents use. The facility is monitored 24 hours a day, any person found taking such product may be billed~or other action may be taken.

Thank you

New Business

Department Head Update: Land Use (Zoning Agent / Building Inspector)

Zoning Agent, Susan Yorgensen was present.~ She stated that the Building Department is part of the Land Use Department and works closely with the Building Inspector.~ In addition, she works as support staff for the Planning & Zoning and Inland Wetlands & Watercourse Commissions and Zoning Board of Appeals.~~ She handles all Planning, Zoning, Flood Plain and Aquifer management as well..~ Ms. Yorgensen added that she works in cooperation with the Conservation Commission and Economic Development Commission and the Selectmen – whoever needs assistance. ~

The Land Use Department also has large ongoing items; such as the Plan of Conservation & Development, Button Hill Senior Housing, Fed-Ex, logging applications and new homes. She noted that the Land Use Department has taken in 187 new applications since July 1^st. Lastly Ms. Yorgensen added that once they receive an application, they are never really done with them, it is an ongoing process that takes time to complete. She then handed a packet containing information regarding the Land Use Department and how the roles and responsibility procedures are handled. (the handout is attached to the minutes)

The Selectmen thanked Ms. Yorgensen for her information and commended her on her work.

Town of Willington Building Inspector, James Rupert was next.~ He stated that he works closely with the Zoning Agent in the Land Use Department.~ He and Ms. Yorgensen are sometimes co-dependent of each other.~ He added that his position is more complex than just issuing permits; noting that the State of Connecticut created a State Building~~code in 1971;~requiring all towns li to enforce the State Building Code.~~ He added as time has gone on, the codes and standards have increased and are more complex nowadays.~ The Building Inspector inspects new construction throughout the entire building process and references all documentation for the life of the building; those documents can be found in the Land Use Office.~~ In addition to new-construction inspections, Mr. Rupert added that he is sometimes called to inspect after a structure fire, possible unsafe snow-loads on roofs or complaints of “unsafe conditions” in which he must act and document; as per state statute.~~ Mr. Rupert then stated he has been requested to inspect, or review failing concrete foundations as of late.

Mr. Rupert added as of October 1, 2016, new codes went into effect and it is his job, as a Building Inspector to educate contractors and the public with these new codes.~ The charge of~the building code is to ensure a project substantially~meets the state codes prior to receiving a certificate of occupancy (c/o).~~ He concurred with Ms. Yorgensen, stating that the Land Use Department has been very busy of late; they have 4 new construction permits and 2 large commercial projects (expansion at Fed Ex and Button Hill Senior Cottages) as well as a number of renovations currently underway.~

The Selectmen thanked Mr. Rupert and stated that he is doing a great job.

Adoption of Building Permit waiver

First Selectman Mailhos asked Mr. Rupert if he could stay to discuss the building permit waiver policy; which is adopting a building fee waiver for Crumbling Foundation Replacement.

The Town Attorney has recommended that the Selectmen look into the Capital Region Council of Governments drafted policy (which was initiated in the town of Tolland); pertaining to a waiver instead of a rebate.

The Ordinance was discussed and there are two options listed at the bottom in which First Selectman Mailhos believes should be considered before adoption. She then read the entire Ordinance with both options:

Building Fee Waiver for Crumbling Foundation Replacement DRAFT LANGUAGE PER CRCOG:

The Building Official is authorized to waive all Town fees related to building permits for work on crumbling foundations. The waiver shall not apply to any fee required to be charged by the State of Connecticut. At the discretion of the Building Official the waiver may include fees for electrical, plumbing or other building fees.

The waiver only applies to work for the direct replacement for the existing foundation. At the discretion of the Building Official, the fees may be waived for permits for other related work required to restore the structure to its previously permitted condition.

Upon waiver of the fee, the Building Official shall notify the homeowner in writing that the fee has been waived including the amount of all fees waived.

This waiver provision shall be effective December 1, 2016.

Work that has commenced but not been completed prior to this effective date may be eligible for a refund of said fees.

If a property owner, prior to the effective date of this ordinance, applied for a building permit to replace a crumbling basement, then that property owner can petition the Board of Selectmen for a refund of the Town portion of the building permit fee.

Discussion was held. First Selectman Mailhos clarified that if a homeowner has already had the work done, they will be able to appeal to the Selectmen for a refund. Noting that there are only about 4 cases and it should not be too difficult to track.

Selectman Kowalyshyn asked Mr. Rupert if he is ok with the wording – or if he thinks it is too open ended. Mr. Rupert stated that he believes the way it is worded is very clear.

Resident, Randy Belair clarified that the invoice prepared by his contractor clearly depicts a line item for building permit fees. First Selectman Mailhos noted that contractors usually do not prepare their invoices that way, but moving forward, we are trying to get the point across that it should be clearly labeled in the future.

Selectman Blessington stated that he doesn’t see a problem with the way it is worded. Selectman Kowalyshyn then clarified that she wants to make sure the Building Official is ok with the wording that reads: At the discretion of the Building Official, the fees may be waived for permits for other related work required to restore the structure to its previously permitted condition. And the second paragraph reads: “At the discretion of the Building Official the waiver may include fees for electrical, plumbing or other building fees";

Mr Rupert then clarified that the first paragraph refers to fees waived to fix a defective crumbling foundation – if the homeowner decides to make any changes (upgrades) while the work is being done – for example, they decide that they want to add a bathroom while they are replacing the foundation, then the new bathroom construction fees will still apply. The second paragraph pertains to items that have to be done in order to effectively correct the problem; for example, septic and well lines must be disconnected and reconnected when performing a fix, and those items will have no fees associated with them.

Selectman Blessington said he is ok with it. Mr. Rupert stated that the intent is clear and the fees to be waived will be the ones associated with replacing a failing foundation as well as the other work related to it; but if you decide to do any other work outside of that scope, the fees will remain intact.

The Selectmen think that the offer should be extended to those who have already done the work. They decided to keep both of the sentences in the Ordinance. First Selectman Mailhos reiterated that there are only a few that we are talking about - there are not that many people who can afford to do the work and they are not getting any financial help to do so.

First Selectman Mailhos moved to adopt the Ordinance as follows with removing the word “OR” out:

Building Fee Waiver for Crumbling Foundation Replacement DRAFT LANGUAGE PER CRCOG:

Upon waiver of the fee, the Building Official shall notify the homeowner in writing that the fee has been waived including the amount of all fees waived.

This waiver provision shall be effective December 1, 2016.

Work that has commenced but not been completed prior to this effective date may be eligible for a refund of said fees.

Selectman Kowalyshyn seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Resident Randy Belair asked if the State fees will also be waived. First Selectman Mailhos stated that the State is working on the waiver, however it needs to pass through legislation.

Appointments

First Selectman Mailhos moved to appoint Paul Weigold as the Assistant Municipal Historian, effective November 7, 2016.

Selectman Kowalyshyn seconded the motion.

Mr. Weigold was present. He stated that his mother, the late Isabelle Weigold was the Town’s historian for several years, unofficially until she was appointed in 1990 and served as Historian from until her death in 2007. Mr. Weigold stated that he is very familiar with his mother’s records; which are now housed in the Historical Society. He stated that he will be happy to answer any genealogy requests that he receives.

Willington Historian, Mark Palmer added that Mr. Weigold is an excellent and capable choice to fill the Assistant position. He sent a letter of recommendation to the Selectmen pertaining to the appointment.

The Selectmen thanked Mr. Weigold for stepping forward to fill this position.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to re-appoint Peter Andersen as a regular member of the Willington Conservation Commission effective December 1, 2016, expiring November 30, 2019

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to appoint Julia Cartabiano as a regular member of the Willington Conservation Commission effective December 1, 2016; expiring November 30, 2019

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to re-appoint Mark Makuch as a regular member of the Capital Improvement Program Committee; effective December 1, 2016; expiring November 30, 2018

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to re-appoint Peter Tanaka as a regular member of the Capital Improvement Program Committee; effective December 1, 2016; expiring November 30, 2019

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to re-appoint Stuart Cobb as a regular member of the Capital Improvement Program Committee; effective December 1, 2016; expiring November 30, 2019

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Selectman Kowalyshyn moved to re-appoint Barry Wallett as a regular member of the Capital Improvement Program Committee; effective December 1, 2016; expiring November 30, 2019

Selectman Blessington seconded the motion.

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Resolution – EMPG Grant

First Selectman Mailhos moved to adopt the following resolution, which we renew annually.

AUTHORIZING RESOLUTION OF the Town of Willington

CERTIFICATION:

RESOLVED, that the Town of Willington may enter into with and deliver to the State of Connecticut Department of Emergency Services and Public Protection, Division of Emergency Management and Homeland Security, any and all documents which it deems to be necessary or appropriate; and

FURTHER RESOLVED, that Christina B. Mailhos, as First Selectman of the Town of Willington

is authorized and directed to execute and deliver any and all documents on behalf of the Town of Willington and to do and perform all acts and things which he/she deems to be necessary or appropriate to carry out the terms of such documents.

Selectman Kowalyshyn seconded the motion

Vote: 3 Yes (Mailhos, Kowalyshyn & Blessington) 0 No.

Old Business

Crumbling Foundation Update

Discussion of Building Permit process

First Selectman Mailhos noted that she had attended the last Board of Finance meeting on October 20^th and asked the Board members if they would be interested in holding discussions pertaining to the potential impact of the crumbling foundations to the Grand List. She stated she was hopeful they would want to take a pro-active approach because she feels this is going to impact our grand list in the long term. She stated that she does not know the exact number, but heard it may be 12 homes on the re-assessment list for next year; equating to a $50,000 decrease in the grand list. During that meeting, she asked them to take this into consideration now, before we get into the thick of budget season. She added that she is afraid they might try to fill the hole with making cuts and she personally does not think it is the right strategy to manage it.

Because this year has been favorable so far, this would be the time to figure out how to work through it the most thoughtful way possible to plan for future years. She added that she fears that a number of homeowners might come forward all at once, either next year or sometime in the future and that is going to severely affect the grand list.

First Selectman Mailhos stated that she feels her request was not taken seriously from the Board of Finance, and she is disappointed.

Selectman Kowalyshyn asked where the BOF will want the $50,000 difference to come from? First Selectman Mailhos stated that the BOF told her that they will change the amount of the General Fund to backfill the deficit. She noted that we have had several favorable years where the grand list has come in at or higher than we usually anticipate and we end up returning a lot of money each year; as does the Board of Education and that money goes back in the General Fund, which is currently healthy. She then stated that she is not worried so much about this year, but rather, a few years from now when the gap grows to hundreds of thousands of dollars; and it might take several years to stabilize and the General Fund and /or cuts will no longer be able to handle it.

Selectman Blessington stated that we may want to think about cutting spending; noting the next item on the agenda which is a discussing purchasing a piece of property. First Selectman Mailhos clarified that she does not look at that as spending money, but rather a way to solve a problem and making this a good town to live in. Selectman Blessington said he doesn’t know what we are going to do, but he agrees it is going to be an ugly budget season and we may have to look at every way we can to cut spending or perhaps raising taxes.

Selectman Kowalyshyn warned if people are lowering their assessments, you have to make up the difference somewhere and you can’t keep making cuts because then you won’t have a town. Selectman Blessington stated that most of the kids around here move out of town once they grow up because they cannot make it here.

First Selectman Mailhos noted that we may want to plan to increase taxes a little each year; perhaps small increases each year would be easier to handle than one large increase. She is guessing between 300-500 homes could be affected. She stated that she is bringing this up because at the end of the budget season and we have to decide how much money to move from the General Fund and if we should raise the mil rate, she will have to bring it up again; and she wanted to start the discussions early to be prepared. She added that she will bring this to the Board of Finance’s attention again, and is hopeful that they will talk about it sooner than later. Selectman Kowalyshyn encouraged the residents in attendance to attend the BOF meetings and let them know how they feel also.

Historical Society Property Opportunity Discussion

First Selectman Mailhos stated that the Selectmen held a site walk on October 28^th and reviewed the area that is going up for sale. The Selectmen have not met since then. First Selectman Mailhos stated that she thinks it has potential. There is an old road behind the Daniel Glazier Tavern that cuts through to Ruby Road, which is across the street from the Library. It would make it a possible to park and walk to either the Library or the Town Green.

Selectman Blessington said it would be a great idea, if we had extra money to spend; however we just had a discussion where we have a large gap, not to mention we will be losing another taxable property. Paul Weigold stated that they are paying taxes on the building lot currently. The Historical Society has the option to combine the building lot with the Glazier Tavern property, which would then make the property tax-exempt; however, the intent was to leave the building lot (on Ruby Road) intact; as it was made into a building lot with the intent to be able to sell it off someday to make money to go towards the Tavern. Selectman Blessington stated it is a great idea to sell off the property to make money for the Tavern. He added that First Selectman Mailhos’ idea is also good, but does not see it as a priority for the town to purchase. He also assumes that the Town would want to pay the fair market value for the property; and would be opposed; as the lot would only be used only 3 – 5 times per year, which is not feasible.

Selectman Kowalyshyn agreed that it is a lot of money to spend on something that will only be used a few times a year; however she had a discussion with the Recreation Director, who sees a potential to create a disc-golf area on the property; and she may be able to get a grant to cover the cost of the purchase of the land.

Resident John Peters stated that this parcel is the only one left along the green and once its gone; its gone. He thinks the town should seriously consider purchasing the property – even if they don’t end up putting a parking lot on it. First Selectman Mailhos stated that was one of her thoughts as well, noting that it really is a beautiful piece of property. It will help attract attention to the green and the Tavern as well as creating safe parking while attending events at the library, on the green or the tavern. Resident Brace Peters, who is a property abutter stated that he, too is in favor of the town looking into this, but asked for the Town to be responsible when considering lighting if it comes to that point. First Selectman Mailhos noted that there are several options that the town would look into; making it look as natural as possible, and would also look into solar options.

First Selectman Mailhos asked the Selectmen if they would be in favor of having her begin discussions with the Historical Society. Selectman Blessington stated that he does not believe they need to make a motion to have her discuss. Selectman Kowalyshyn said she feels it is a good idea to talk to them, but she does not think it is worth spending money just to put a parking lot that will only be used a few times a year; she would like to combine it with a recreational area and look at a grant to offset the cost.

Good & Welfare

First Selectman Mailhos stated that she has received the finding from the Town Attorney regarding the Town Clerk’s position; the question asked was if the benefits (as labeled in the “legacy policy”) are associated with the position itself, or the current elected official. The Town Attorney reads it as the benefits are associated with the position itself and whoever the next Town Clerk will be; will be eligible to receive benefits. First Selectman Mailhos then clarified although benefits are associated with the position, the cost of the benefits have changed slightly as per the union contract; the benefits cost a bit more than they did 5 years ago when the contract was executed.

First Selectman Mailhos stated that there was a dying tree in the cemetery on Turnpike Road. The tree was losing branches and several residents were concerned that one of the historical headstones would sustain damage, if a branch had fallen on it. The tree was successfully cut down today.

We received a letter from our Town Historian, Mark Palmer, requesting consideration of a budgetary line item for budget time. First Selectman Mailhos stated that the Selectmen will add that in their budget discussions.

First Selectman Mailhos stated that we received a final decision from the Hearing of the Contested Tow; which was held on October 14^th. The Hearing Officer denied the contest as a result of the findings and testimonies heard during the hearing.

The State DOT sent us a letter regarding the construction on Potter School Road, confirming that they will close the road during the summer months while no school buses are traveling through. Construction is slated for the summer of either 2018 or 2019; they will confirm closer to the time.

First Selectman Mailhos reminded everyone to get out to vote in tomorrow’s election. She reminded residents that no political activity is allowed inside of the polling area or within 75 feet of the polling place; as per state stature.

Selectman Blessington stated that he would like to remind the recording secretaries who post minutes that they should not send out more than once. The proper filing of meeting minutes is to have them be approved officially at the next commission’s meeting. He has seen a few minutes come through the e-blast system to only see them come through again as “revised” and sometimes a third time, noting they are revised. It is hard to keep track of which minutes are the official ones which will be approved and voted on and then posted on record with the Town Clerk.

Resident Todd Bissionette asked the status of the Nuisance Ordinance. He has not seen any discussion regarding the matter since September 9^th. First Selectman Mailhos stated that she has spoken with a few Troopers as well as the Town Manager in Mansfield; however she needs to continue discussions as there are some discrepancies that will need to be ironed out. For example, the town would need to offer an appeal system if tickets are issued and currently, we do not have a board of appeals, or anyone willing to serve on it. In addition, there are other processes that need to be researched further and she wants to make sure we go about it all the right way.

Mr. Bissionette stated that he had trouble once again last night at 9:30 with his neighbors running up and down the street. The troopers need the ordinance to be able to do their job effectively. He added that he thinks the residents might be interested in having a Resident State Trooper. First Selectman Mailhos clarified that we tried to have the discussions regarding a Resident State Trooper a few years ago, and it was shot down. Mr. Bissionette then stated that the residents are entitled to their peace and quiet and it is up to the elected officials in this town to make sure it happens. He added that he is looking for the town to put something in place, as other towns have done as well.

First Selectman Mailhos stated that she will talk to the Police to move it along.

The meeting was adjourned at 8:11 P.M.

Respectfully submitted,

Robin Campbell

Administrative Assistant

Board of Selectmen

860-487-3100

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