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BOARD OF SELECTMEN 12-17-01
Town of Willington
BOARD OF SELECTMEN ° 40 OLD FARMS ROAD ° WILLINGTON, CONNECTICUT 06279 ° (860) 487-3100 ° FAX (860) 487-3103
                                                                                  www.willingtonct.org 



                                                                              BOARD OF SELECTMEN



REGULAR MEETING                                                                                                           DEC. 17, 2001
TOWN OFFICE BUILDING                                                                                                  6:30 P. M.

First Selectman Patton called the meeting to order at 6:30 P.M. with the following in attendance:  Selectmen Eldredge & Lewis, J. Blessington, C. Deskus, D. Ennis, P. Latincsics, T. Millix, P. Nevers, D. Palumbo,
J. Semmlerock, R. Tulis and reporter from the Chronicle

APPROVAL OF MINUTES
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 12/3/01 & 12/13/01.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

PRESENT TO SPEAK
Those present wished to defer to later time.

CORRESPONDENCE
A list of correspondence was unavailable at the meeting, but would be available and in the Selectman’s office
on Tuesday.

SAFETY COMMITTEE
First Selectman Patton commented that he is still waiting for a report from the Board of Education.

NUISANCE ORDINANCE
First Selectman Patton read a letter from the Town Attorney regarding the Town adopting a nuisance ordinance.  The tailoring of the ordinance to a proper purpose and having an effective and reasonable mechanism to enforce it is a problem.  There is great difficulty in drafting an ordinance that balances the rights of the investigator, the subject and the subject’s neighbors.  A more appropriate and effective remedy might be to have affected citizens, or the Selectmen, on behalf of the citizens, contact the State Commissioner of Public Safety to voice the concerns.  First Selectman Patton commented that we have to be able to enforce an ordinance.  We could call the Commissioner of Public Safety to get more specific information.  First Selectman Patton asked the Board to give some more thought to this and it will be discussed again at the next meeting.

VILLAGE HILL RD. BRIDGE
First Selectman Patton reported that we went to bid for the Village Hill Rd. Bridge.  The 3 low bids are being investigated but there has been a change in the requirements for the bridge.  A recent ConnDOT design requirement for curved steel bridges will apply to this project and must be included as part of the contract documents.  Our Consulting Engineers, AN, advise that some problems may arise should we decide to award
REGULAR MEETING                                         -2-                                                                  DEC. 17, 2001

the project to one of the current bidders and then add the additional erection information by change order.  The Contractor may make a claim for additional money stating that there are additional requirements within the change order which were not considered in his bid price.  Other bidders who were not awarded the contract may file claims against the Town stating that their bid would have been different had they been provided with this information during the bidding process.  They recommend rejecting all bids and re-bidding the project with the additional erection information included.  They also recommend the following schedule:  Advertise 1/23/02; bid opening 2/20/02 and construction start 4/1/02.
FIRST SELECTMAN PATTON MOVED THAT DUE TO THE NEW ERECTION AND CONSTRUCTION REQUIREMENTS OF CURVED STEEL BRIDGES SUCH AS THE VILLAGE HILL ROAD BRIDGE, THE BOARD OF SELECTMEN REJECT ALL SUBMITTED BIDS FOR THE PROJECT AND WILL SUBMIT A REQUEST FOR NEW PROPOSALS UTILIZING THE NEW SPECIFICATIONS.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

LABOR ATTORNEY LETTER
First Selectman Patton commented that at our last meeting we agreed to send a letter to the attorney.  He drafted a letter and gave it to the Board for comments.  He got the comments back and it is apparent they do not agree.  Selectman Eldredge commented that he made it clear in his letter that he does not accept Attorney Chudwick’s opinion and he is not trying to get around the law.  Selectman Eldredge handed out copies of a letter to the Town of Andover’s First Selectman, dated Dec. 1998, from Attorney J. M. Paul, of Marte, Keith, Falkenstein, Sullivan, Meggers & Paul, P.C. regarding the Town of Andover’s Animal Control Officer and part-time transfer station employee’s eligibility to run for election for the five member Board of Selectmen.  The letter said that since the Board of Selectmen does not, and would not, provide direct supervision this individual’s candidacy is permissible under the statutes.  First Selectman Patton read the letter out loud.  First Selectman Patton asked Selectman Eldredge if Andover has a charter and was told yes.  Selectman Eldredge commented that he does not believe he is in violation of State statutes.  Selectman Lewis commented that the question is who is responsible for the supervision.  Selectman Eldredge commented that the First Selectman is, he has complete authority under the State statutes.  Selectman Lewis asked about F.O.I. violations.  J. Blessington, chairman of the Republican Town Committee, commented that they are getting a legal opinion.  Because there is a possibility of a violation of F.O.I. they are also approaching this case as a violation.  There is no reason that Selectman Lewis would have to talk to Selectman Eldredge as the Transfer Station Operator.  It could wait until the next Board meeting or an emergency meeting could be called.  Selectman Lewis asked what about recreation?  J. Blessington commented that you will have to be a little careful.  Selectman Eldredge commented that the main things the First Selectman & I have talked about over the last 6 years is plowing and getting the backhoe.  He doesn’t think anyone would see a violation of F.O.I., the First Selectman can call my assistant.  If we were sitting down to discuss politics or something that will come before the Board it would be a violation.  Selectman Lewis asked about the potential of a vote being put aside if someone thinks we are an illegal Board.  Selectman Eldredge commented that we have this letter saying it is not a violation.  First Selectman Patton commented that this letter is for Andover, they have a charter and it does not address common law.  Selectman Lewis commented that Andover has 5 selectmen, two talking does not make a quorum, that answers their F.O.I. question.  First Selectman Patton commented that so many times I have had people take us to F.O.I. for bazaar things.  I agree with you that maybe no one would think it is a big deal.  This letter has some merit but it does not mention common law.  D. Ennis commented that we have 2 legal opinions.  F.O.I. should not be on the table, Mike was elected, there is noting that this Board or the Town can do to remove him from the Board.  
P. Latincsics asked if the Board was taking any actions at this time, against Selectman Eldredge, he

REGULAR MEETING                                         -3-                                                                  DEC. 17, 2001

would urge the Board not to overturn any election in this Town.  Selectman Lewis commented that this is not personal, it is the opinion of the Town Attorney, we have taken no action, we want to find out if this is illegal
or are there any steps we can take to allow Mike to serve as both.  The Transfer Station could possibly go under Public Works and Recreation under a Recreation Commission.  We are looking into this after the Town Attorney told us Mike couldn’t be on the Board and a Department Head.  Selectman Lewis commented that he thinks Mike will be an asset to the Board but we need to have a legal Board, the Town Attorney said he can’t do both.  We agreed to draft a letter and all 3 of us sign it but we do not agree on the letter.  D. Palumbo asked why don’t you ask how we get around this?  In the history of the Town have you never had anyone with a conflict of interest and what was done?  Selectman Lewis commented that 4 years ago he recused himself from voting on anything to do with Tobacco Valley.  Mike is a union member, if the Transfer Station goes under Public Works
he would have to recuse himself from anything to do with the union or Public Works, a lot that the Board is involved in.  First Selectman Patton commented that in 1988 Joe Voboril had to resign and we had to have a special election.  We told the Town Attorney the facts as they exist and asked his opinion.  The 2nd letter was asking how to get around it.  T. Millix asked if the Secretary of State could answer this and was told no.  He suggested sitting down and working together and moving on.  First Selectman Patton commented that we are trying to do that.  P. Latincsics commented that you seem to be anticipating every contingency of Mike sitting on the Board, what protection does Mike have?  Selectman Lewis commented that the Town Clerk called the Secretary of State and was told that we should consult with the Town Attorney.  First Selectman Patton  asked when will they have their opinion letter and was told by the next meeting.

APPOINTMENTS
FIRST SELECTMAN PATTON MOVED TO APPOINT CHRIS DESKUS AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPLEAS TO FILL A VACANCY CREATED BY P. ENDERLE’S RESIGNATION, TERM EFFECTIVE IMMEDIATELY TO 12/31/05.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO REAPPOINT WILLIAM BAILEY AS A REGULAR MEMBER OF THE HISTORIC DISTRICT COMMISSION, TERM 1/01/02 TO 1/01/07 AND TO REAPPOINT TIMOTHY BLAUVELT AS AN ALTERNATE MEMBER OF THE HISTORIC DISTRICT COMMISSION, TERM 1/01/02 TO 1/01/05.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ENNIS & KNIGHT)    0  NO

TAX REFUNDS
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $72.61 TO SCOTT K. PARENT.                                                 
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $67.05 TO TOYOTA MOTOR CREDIT CORP.                                                     
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO



REGULAR MEETING                                         -4-                                                                  DEC. 17, 2001

PUBLIC WORKS
First Selectman Patton commented that the new truck is in, the snowstorm went well.  T. Millix asked where is the old truck going and was told to the Willington Hill Fire Dept.  Selectman Lewis commented that our roads were plowed better than other towns he drove through today.  Mason Road is done.  

RESOLUTION – INTERLOCAL RISK MANAGEMENT
First Selectman Patton commented that we are a member of the Connecticut Interlocal Risk Management Agency (CIRMA).  The rates increased without warning after our budget was approved, they went up over 40%.  This was not an isolated incident, many other towns were affected.  Mathog and Moniello Insurance Co. wants to start an Interlocal Risk Management Agency.  They need 2 municipalities to pass a resolution.  Chaplin already approved.  There is no obligation or liability.  Selectman Eldredge asked what happens if we pass the resolution?  First Selectman Patton commented that they can then investigate setting up a risk agency.  They already handle a lot of municipalities but we are not committed to any obligation or liability.  It wouldn’t be bad for CIRMA to have competition.  It may not happen right away.  Selectman Eldredge asked if they would approach other small towns.  First Selectman Patton commented that he thought so.
SELECTMEN ELDREDGE MOVED TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION OF THE TOWN OF WILLINGTON TO FORM AN INTERLOCAL RISK MANAGEMENT AGENCY –

WHEREAS, THE TOWN OF WILLINGTON IS REQUIRED BY CONNECTICUT STATUTE TO PROVIDE WORKERS’ COMPENSATION BENEFITS TO THE EMPLOYEES OF THE TOWN.

WHEREAS, PUBLIC ACT NO. 79-561, AN ACT CONCERNING MUNICIPAL RISK MANAGEMENT POOLS ALLOWS MUNICIPALITIES TO FORM AN INTERLOCAL RISK MANAGEMENT AGENCY TO REDUCE THE RISK OF LOSS ON ACCOUNT OF PUBLIC LIABILITY OR WORKERS’ COMPENSATION LIABILITY.

WHEREAS, AN INTERLOCAL RISK MANAGEMENT AGENCY MAY BE FORMED BY ANY TWO MUNICIPALITIES TO PROVIDE SAFETY AND LOSS PREVENTION TECHNIQUES AND CLAIMS PROCESSING AND DEFENSE OF CLAIMS BROUGHT AGAINST THE MEMBERS OF THE AGENCY.

WHEREAS, IT IS DESIRABLE FOR THE TOWN OF WILLINGTON TO FORM SUCH AN INTERLOCAL RISK MANAGEMENT AGENCY.

RESOLVED:  THAT THE BOARD OF SELECTMEN OF THE TOWN OF WILLINGTON HEREBY GIVES APPROVAL FOR THE FIRST SELECTMAN TO ACT ON BEHALF OF THE TOWN IN FORMING AN INTERLOCAL RISK MANAGEMENT AGENCY.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

SET DATE FOR TOWN MEETING
FIRST SELECTMAN PATTON MOVED TO HOLD A TOWN MEETING ON JANUARY 3, 2002 AT 7:00 P.M. AT THE TOWN HALL AS PER ATTACHED.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

REGULAR MEETING                                         -5-                                                                  DEC. 17, 2001

GOOD & WELFARE
First Selectman Patton commented that the Small Town Economic Assistance Act, the money we are applying for for the Senior Center did not go on the December bond issue, none of the STEAA program went on there but the Governor has requested information for the January meeting.  We are waiting for the cost estimate to finish up the application for the Small Cities Community Development Block Grant.  Selectman Eldredge asked if the National Guard would be able to help with the site work for the Center.  First Selectman Patton commented that we could ask, it is worth looking into.  First Selectman Patton commented that he is putting out a letter for CIP requests, if you know of any please let him know.  We need to finish up the personnel policy, mostly benefits.  The Board of Finance will have a representative working on it also.  If you want to work on it, let me.  We did receive more information from CCM on Perodeau v. City of Hartford and there was an article in their publication.  

SELECTMAN LEWIS MOVED TO ADJOURN THE MEETING AT 7:41 P.M.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

Respectfully submitted
Mary Bowen
Mary Bowen
Secretary
attached



                                                                                             TOWN OF WILLINGTON
                                                                                             NOTICE AND WARNING
                                                                                            SPECIAL TOWN MEETING

    The electors of the Town of Willington and all persons who are entitled to vote in Town Meeting on the matters mentioned in the following warning are hereby warned and notified to meet in Town Meeting at the TOWN HALL at 11 COMMON ROAD in Willington on January 3, 2002 at 7:00 P.M. for the following purposes:

ITEM I
To see if the townspeople, on the recommendation of the Board of Selectmen, will accept Birch Meadow Lane as a Town road.
Dated at Willington
This 17th. day of December 2001

                                                                                
                                                        _______________________________                                                                                                                                                 John Patton



                                                        _______________________________                                                                     
                                                                                        Michael L. Eldredge


                                                        
                                                        ________________________________
                                                        John R. Lewis