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BOARD OF SELECTMEN 1-6-03
Town of Willington
BOARD OF SELECTMEN ° 40 OLD FARMS ROAD ° WILLINGTON, CONNECTICUT 06279 ° (860) 487-3100 ° FAX (860) 487-3103



BOARD OF SELECTMEN



REGULAR MEETING                                                                                                           JAN. 6, 2003
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, C. Briggs, S. Chapman, D. Gankofskie, M. Gantick, D. Hardie, P. Hodge, K. Lisiewski,
E. Miller, C. Panciera, R. Passardi and reporter from the Chronicle.   First Selectman Patton led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN ELDREDGE MOVED TO APPROVE THE MINUTES OF 12/16/02 WITH A CORRECTION OF THE DATE.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

PRESENT TO SPEAK – No one.

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

WILLIMANTIC RIVER GREENWAY RESOLUTION
First Selectman Patton commented that we discussed this at our last meeting; we need to pass a resolution for it.  Selectman Lewis asked if this committed us to any expense?  First Selectman Patton said no it does no.

RESOLUTION TO ENDORSE WILLINGTON’S PARTICIPATION IN THE NOMINATION OF THE WILLIMANTIC RIVER CORRIDOR AS A STATE GREENWAY.

FIRST SELECTMAN PATTON MOVED TO ADOPT THE FOLLOWING RESOLUTION:

WHEREAS, THE TOWN OF WILLINGTON IS BORDERED ON ITS WESTERN EDGE BY THE WILLIMANTIC RIVER AND MUCH OF ITS LAND LIES IN THE WILLIMANTIC RIVER WATERSHED; AND

WHEREAS, THE TOWN RECOGNIZES THE WILLIMANTIC RIVER CORRIDOR FOR ITS RECREATIONAL, HISTORIC, SCENIC, NATURAL RESOURCES AND WILDLIFE HABITAT VALUE; AND


REGULAR MEETING                                  -2-                                                                         JAN. 6, 2003

WHEREAS, THE RESIDENTS OF WILLINGTON, THROUGH OUR STUDY CIRCLES PROCESS HAVE IDENTIFIED THE PRESERVATION OF WILLINGTON’S RURAL CHARACTER, OPEN SPACE AND NATURAL RESOURCES THROUGH REGIONAL PLANNING AS A HIGH PRIORITY; AND

WHEREAS, THE TOWN’S UPCOMING REVISION OF OUR PLAN OF CONSERVATION AND DEVELOPMENT HAS A GOAL TO CONNECT THE NEW RECREATION AREA ON ROUTE 32 WITH A NEW TRAIL ALONG ROARING BROOK (A TRIBUTARY OF THE WILLIMANTIC RIVER) TO A BRIDGE AND PARKING LOT AREA ON VILLAGE HILL ROAD; AND

WHEREAS, THE CONSERVATION COMMISSION INTENDS TO DESIGNATE THE WILLIMANTIC RIVER CORRIDOR AS A HIGH PRIORITY AREA FOR NATURAL RESOURCE AND OPEN SPACE PROTECTION AND FOCUS ON LANDOWNER OUTREACH AND EDUCATION IN ITS UPCOMING OPEN SPACE PLAN;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SELECTMEN TO HEREBY SUPPORT THE CONCEPT OF WORKING REGIONALLY TO LINK AND PROTECT OPEN SPACE AND NATURAL RESOURCES BY ENDORSING WILLINGTON’S PARTICIPATION IN THE NOMINATION OF THE WILLIMANTIC RIVER CORRIDOR AS A STATE GREENWAY; AND

FURTHER RESOLVE TO AUTHORIZE THE CONSERVATION COMMISSION TO SUBMIT THIS RESOLUTION AND WILLINGTON’S ENDORSEMENT OF THE GREENWAY NOMINATION TO THE WILLIMANTIC RIVER ALLIANCE, WHICH IS COORDINATING THE INITIATIVE FOR THE NINE CORRIDOR TOWNS.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

NEW LIBRARY
First Selectman Patton commented that we have been talking about this library for a while and the building committee is going forward.  Our concern is that we want a lot of expert assistance to be available to you and that you avail yourselves of it.  The project will be over $3M.  Selecting an architect is difficult, you need to be aware of the architect’s contracts, they use the AIA contract, which is not in the Town’s favor.  The qualified contractor may not be the low bidder.  During the project the architect is not your friend nor is the builder.  There could be lots of change orders; they are there for their best interest.  The Board would like the building committee to get together with an organization that helps with the process.  It is easy to make mistakes and a 5% mistake would be $150,000.  Dave Gankofskie commented that they do not want to make mistakes.  First Selectman Patton commented that the best way is to have someone who has been there before.  Dave asked what if they make mistakes?  First Selectman Patton commented that that’s another issue.  They are there to help oversee.  We feel we need to get someone in there to assist with this project, there is money involved but it is money well spent.  First Selectman Patton introduced Carol Briggs and Eileen Miller and commented that Carol is the Town Attorney, we met through another building project that we had to go to court for, we don’t want to repeat that process.  One of the things you try to do is catch mistakes when they happen.  Carol Briggs commented that we do our best to fix mistakes.  Eileen & I have been working for 6 years together.  Eileen has building experience and I do the paper work, we try to protect you up front.  We would work with the committee to make sure you understand and have decided what your expectations are for the project.  A lot of problems arise because the committee has one set of expectations of the project and the people that they hired may have a different idea.  It is our job to help you education yourselves so you have the knowledge to make an
REGULAR MEETING                                  -3-                                                                         JAN. 6, 2003

informed decision.  We like to think of it as a 3 legged stool, the architect is one leg, the contractor another leg and without the knowledge and information that you need to have, you aren’t an effective third leg of the stool, the stool falls over without that third leg being adequately supported.  Whether it is us or someone else that you have someone to help you be informed as to making decisions.  An example is heating, base board, hot air, etc. one type of heating may be cheaper to install but costly to maintain.  You must focus on the operating cost down the road.  These are things someone working for the owner is going to make you think about, the owner’s representative will help you get the answers.  Your building needs to be virtually indestructible.  Ms. Briggs handed out informational brochures to everyone and pointed out some of the highlights.  Ms. Briggs commented that you need to make many decisions before picking the architect; it affects what you will ask the architect to do.  You are looking at a $3M project; there are some options for you.  An owner’s representative can help with the cross over from the architect to the contractor; help to prevent problems from happening.  If problems do happen, they get identified and fixed quickly.  For most projects, if you identify the problems soon enough, it is fixable without an infusion of money, that’s what you are trying to get at, how to make it right without impacting the budget.    Eileen Miller commented that this person will have to do a lot of organizing and coordination, the architect is on one track and the contractor on another track.  Ms. Briggs commented that you need someone to oversee, to check drawings for design intent.  You need a clear picture in your head so they can translate into drawings.  You need an architect with library experience; you are planning for the future.  You need to consider who pays the bills; does the paperwork for grants and bonding; preparing for construction, reports and change orders create a lot of paperwork and there is the final audit.  There are different ways to bid, different benefits to each way, you want to make sure you have control of everything about the building.  You need to be well educated.  Suzanne Chapman asked what their title would be?  Ms. Briggs replied “Owner’s Representative” we work directly for the owner.  Suzanne asked what the fee would be.  Ms. Briggs commented that it would depend on what you want; it would be between ½% to 1%.  We would be there daily if needed.  The architect assumes you have made many decisions; interior designs are not part of the normal architect services unless you make it so.  Ms. Miller commented that the owner’s rep. is not a duplicate of a construction manager.  We integrate with what you have, the architect and the contractor.  The things that you have to get to the architect and builder is our job; changes may affect future needs, questions that the contractor or general manager does not ask, to raise the other issues and get back to you so you do not have to attend all the meetings.  To report the issues that were raised, this looks okay; this doesn’t and asks what you think.  If you have someone going to these meetings on your behalf then all the questions will come back to you, otherwise a lot of them will get settled and you may never know they were raised.  Pam Hodge asked how many projects have you worked on?  Ms. Briggs commented that we just started this company last year, the name is Collaborative Management, we did 1 project in the new firm, however her law firm has done about 20/30  projects with Eileen doing the site work.  They have been mainly schools.  Ms. Miller commented that we represent what is best for you, not for the contractor or architect.  They have worked with Tolland and Eastconn.  Kathy Lisiewski asked if they worked as a team and was told yes plus they have Dick Krissinger to review the drawings and check on code.  Ms. Miller commented that the audit requires a good paper trail of all documents; this is part of the owner’s representative job.  Ms. Briggs commented that they developed a document filing method with an index.  Kathy asked if they would do some of the work that a clerk of the works would and if the fee is ½% to 1% of the total project?  Ms. Briggs responded yes to both questions.  Selectman Lewis asked if it would eliminate the clerk of the works?  Ms. Briggs said yes, the clerk of the works does not have knowledge of the design phase; you want to catch things before they are a big problem.  Pam asked at what point do you actually get involved?  Ms. Briggs said now, I like to get involved at the requests for proposals for the architect; that sets the scope of work and services you are seeking.  You need site work and civil engineering and that is not part of the standard contract.  We want to get involved so that what we put out on your behalf you will need.  You will have a dialogue about what you are expecting out of this building, what do you want it to be able to do so that when you interview architects you know what you are concerned about, the architect is taking your program and
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translating it into a 3 dimensional building.  Plus the architect knows what you want.  You are better able to pick an architect; you can say this is what we do know and what we do not know and what we need help on, you will make it clear this is where we are, take us to the next step.  Architects don’t mind being held to a contract as long as they are told that’s the deal up front.  Roby Passardi asked if they do the building program also?  Ms. Briggs responded no that is what the architect can help you build into the specks.  Carl Panciera commented that the Town of Mansfield relied heavily on the architect.  Ms. Briggs commented that you must be compatible with the architect.  Ms. Miller commented that you need an architect that is willing to listen to you.  Selectman Lewis asked Ms. Briggs when she was brought into the ADA project.  Ms. Briggs replied when it tanked.  Selectman Lewis commented that he is in favor of an owner’s representative from the very beginning.  It eliminates the need for a clerk of the works and combines legal and site work.  Ms. Briggs commented that there will be problems, it is how they get resolved that matters; whether it is us or not, she strongly recommends having someone, especially for the design phase as well as the construction phase.  Carl Panciera commented that the Building Committee has a meeting next Wednesday and will talk about it and get back to you.  Selectman Lewis commented that the documentation is very important, we ran into a problem with that with the ADA.  Suzanne asked about the CIP and was told that the CIP had not met yet.  The library is ranked a #3 and the Library Board would like it moved up.  First Selectman Patton commented that the building of the new library is a sense of community pride, a library makes the community.  Not many towns can say they have had the land donated.  Suzanne asked if there is any movement on the North property.  First Selectman Patton commented that they are still working on it but the stock market crash slowed it down.  They may apply to the State for an open space grant to help purchase it.    

FIRST SELECTMAN PATTON MOVED TO ADD LITIGATION UPDATE TO THE AGENDA.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

FIRST SELECTMAN PATTON MOVED TO GO INTO EXECUTIVE SESSION, TO DISCUSS LITIGATION UPDATE AND INVITE CAROL BRIGGS, AT 7:38 P.M.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO COME OUT OF EXECUTIVE SESSION AT 7:56 P.M.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

CCM AMICUS CURIAE
First Selectman Patton commented that we received a memo from CCM to determine the Town’s interest in participating in the mutual financing of CCM’s amicus curiae participation in the case that will decide whether a town/city charter may provide for separate referenda on the general government budget and the education budget.  The Appellate Court held that it could not.  Showing an interest in the mutual financing of this does not make a binding commitment at this time and we would be informed of the cost before being asked to make a commitment.  
SELECTMAN ELDREDGE MOVED TO SUPPORT THE CCM AMICUS CURIAE PARTICIPATION IN NAUGATUCK v NAUGATUCK IN THE CT SUPREME COURT.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO


REGULAR MEETING                                  -2-                                                                         JAN. 6, 2003

TAX REFUNDS
FIRST SELECTMAN PATTON MOVED TO APPROVE A TAX REFUND OF $33.12 TO KENDALL OR GINA CARPENTER.
Selectman Lewis seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

PUBLIC WORKS  
First Selectman Patton commented that he needs to review the snow budget.  Friday’s storm was 33 hours straight.  First Selectman Patton commented that the Public Works Supervisor, Wes Beebe, told him he is leaving but he has not received a letter from him.  We need to decide what we want to do, restructure or not.  First Selectman Patton commented that he recommends that Selectman Eldredge not take part in this since the Supervisor of Public Works is his boss.  Selectman Eldredge commented that he wants to discuss this.  Selectman Lewis commented that it would be a conflict of interest, you answer to this position.  Selectman Eldredge commented that he does not agree that it is a conflict of interest.  Selectman Lewis commented that it is a fact.  Selectman Lewis commented that he is leaning toward a special meeting, we need to come up with a decision before discussing with employees.  First Selectman Patton commented that we can talk to the employees individually as to what their thoughts are about the system, if it needs to change.  It is an opportunity to re-evaluate our options.  Selectman Eldredge commented that if you feel strongly about this, go ahead.  First Selectman Eldredge asked how do you want to handle it?  First Selectman Patton commented that it must be a Board of Selectmen’s meeting, you need to recuse yourself from it, he will look into a meeting date.  Selectman Eldredge asked First Selectman Patton if he would be talking to the employees before that and was told yes.  Selectman Eldredge commented that he would like to talk to the employees also.  First Selectman Patton commented that we keep having snow and more snow; this afternoon’s dusting was heavier than it should have been.  Excluding materials, just labor and contractors, it is approximately $450.00 an hour.  

GOOD & WELFARE
First Selectman Patton commented that we have not had any more feedback from the State on the cutbacks.
First Selectman Patton commented on the passing of Vaughn Shaw.

SELECTMAN LEWIS MOVED TO ADJOURN THE MEETING AT 8:17 P.M.
Selectman Eldredge seconded the motion.
VOTE:  3 YES (PATTON, ELDREDGE & LEWIS)    0  NO

Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary