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BOARD OF SELECTMEN 7-18-05
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                                                                                                           JULY 18, 2005
TOWN OFFICE BUILDING                                                                                                  6:30 P. M.

First Selectman Eldredge called the meeting to order at 6:30 P.M. with the following in attendance:  Selectmen Blessington & Patton, L. Nicholls, S. Amedy, S. Chapman, S. & J. Lewis, H. Torcellini, R. Wiecenski and D. Woodworth.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF 7/5/05.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

PRESENT TO SPEAK
Suzanne Chapman, Treasurer for the Library Board, commented that there appears to be a lack of communication.  The Library Board was told to bill for the money that was spent on the project upfront to get to referendum.  We sent the bill in Feb. and have not been reimbursed or told anything about it.  Then last week we found that the Town closed on the North property.  The Library Board was not told that the check was received for the sale of the North property and now we understand it has already been invested.  The check should have been turned over to the Library Board for investment.  First Selectman Eldredge commented that the check was made out to the Town; it is his understanding that the money will go to the Library at the end of the building cycle.  Suzanne commented that the land was donated to the Town for the express purpose of being sold and the proceeds to go to the Library; the check should have been turned over to the Library.  First Selectman Eldredge asked if the Library Board wanted to go to the Board of Finance to appropriate that money and then Town Meeting.  Suzanne commented that we shouldn’t have to; the check should have been signed over to the Library.  First Selectman Eldredge commented that the check came into the Town, it was put into a Town account, it would still have to go to the Board of Finance and the money appropriated to the Library Board.  Suzanne commented that the check should have been turned over to the Library Board before it was deposited; it was never intended to be deposited in the Town’s account.  This just keeps going and going, we worked hard and got a $500,000 grant, we spent money up front, $96,000, in good faith and were told we would be reimbursed and we are not being reimbursed.  This is really disturbing.  A gentleman who cares very  much about the library wanted to give a donation, the only way was to give the land to the Town to be sold and the proceeds to go to the library for the new library.  There has never been any question what the Library Board intends to do with the money.  I don’t understand why everything is one way and there is no two way street here.  We have been up front with the Town in terms of what we are going to do with our investment, what we intend to do with this donation.  It is not up to the Town to manage donations to the Library.  First Selectman Eldredge commented that he thinks that since the money came to the Town it would have to go to the Board of Finance and be appropriated to the Library Board, the earliest we could put it on the Board of Finance agenda is
August.  Suzanne asked how much was the check?  First Selectman Eldredge replied $250,000.  Selectman Patton asked about the legal fees and First Selectman Eldredge commented that he would have to look into that.  
First Selectman Eldredge commented that as far as the repayment, when the money becomes available from the short-term notes that is when we will be able to give you the $96,000.  Selectman Blessington commented that he thought he remembered that the money from the North property was going to go to the start up of the library, is this an issue?  The Library Board and the Library Building Com. are having a joint meeting and First
REGULAR MEETING                                          -2-                                                                 JULY 18, 2005
Selectman Eldredge can update both boards at the same time and figure this out.  First Selectman Eldredge commented when it is built, is that what the money is going to be used for?  Suzanne commented that money was to be donated to the library to go towards the new library.  First Selectman Eldredge asked was it to be part of the building or part of the start up cost?  Selectman Patton asked what is the difference, the money was supposed to go to the Library Board, everybody knew it was supposed to go to the Library Board, why didn’t it go to the Library Board?  First Selectman Eldredge commented that if you put it now towards the building then you would have to increase the spending money.  Suzanne commented that there are things that are not in the construction, that this money was to pay for.  First Selectman Eldredge commented then you will have to go to the Board of Finance to have it appropriated to the Library Board.  Selectman Patton commented that the land was held in trust for the Library Board.  First Selectman Eldredge commented that the money actually went to the Town so it would have to be appropriated by the Board of Finance to the Library Board.  Selectman Patton asked why, if it was given to the Town by mistake why would we have to go to the Board of Finance to fix a mistake?  It may have to but then it has to go to a Town Meeting also.  That money was for the library, the donation was for the library, the land was for the library, the money should go to the library, the same place the Ruby money went to.  First Selectman Eldredge commented that it was sold by the Town so I believe it has to go to Board of Finance and probably Town Meeting to turn the money over to the Library Board.  Suzanne commented that she would like to go on record that it was in error that the money was deposited to the Town’s account, it is my understanding that the Treasurer was directed to invest the money.  First Selectman Eldredge replied yes, directed to cash the check and put it into Town accounts.  Suzanne commented that she believes that was incorrect, that was not the way it should have happened.  First Selectman Eldredge commented that he does not believe with a Town check you can cash it and put it directly into the library account.  Suzanne commented no but I believe you can say pay to the order of the Willington Public Library Building Fund.  First Selectman Eldredge commented that could be, I would have to check with the Board of Finance on that, but whatever way it has to be done we will just do it.  We can put it on the Board of Finance agenda in August.  Selectman Blessington commented that you will have to check with the lawyer, it would be very nice to turn the check over to the Library Board but I don’t want to turn over a quarter of a million dollar check and then find out that we had no right to do that, it is a lot of money.  I think legally Mike is right and it is not something that I want to handle illegally and have them come to the Town later and slap us down on it.  Maybe you can have an answer for the joint meeting on Wed. night.  First Selectman Eldredge commented that he could do that.  Suzanne commented that she would appreciate that.  Selectman Patton asked why wasn’t the reimbursement paid?  Suzanne commented that the invoice was dated Feb. 18, 2005.  First Selectman Eldredge commented that when the money becomes available from the short-term notes, that is when the money is going to be paid.  Selectman Patton asked Suzanne if she knew that?  Suzanne replied no, we were told originally that we would be paid right away.  Selectman Patton asked is the cash available?  First Selectman Eldredge commented that we don’t have the money in that particular account.  I believe the money is going to become available when the short-term notes are in.  Selectman Patton commented that all the short-term notes do is add cash to the bank account.  Don’t we have the cash to pay the reimbursement bill?  First Selectman Eldredge commented of course we do but that is when we were going to pay that.  Selectman Patton commented so you made a decision not to pay them until you get the cash; probably you should have told them in Feb. or March.  First Selectman Eldredge asked Suzanne if there was anything else.  Suzanne said only that we were concerned.  First Selectman Eldredge commented that I will let you know at the meeting.  Selectman Patton asked if this does have to go to
the Board of Finance and Town Meeting is that going to happen at the next Board of Finance meeting?  First Selectman Eldredge commented that’s correct.  Selectman Patton commented that it was never meant to be the Town’s, it was meant to be the Library’s.  First Selectman Eldredge commented that the sale was with the Town
and the check came to the Town.  Selectman Patton commented that you could have told them to make the check out to the Library Board.  First Selectman Eldredge commented that it was not, we will go to the Board of Finance if we have to and get it turned over to the Library Board.  Selectman Blessington commented that if the lawyer says we don’t have to then can we just turn it over to the Library Board?  First Selectman Eldredge commented that’s fine why don’t we go by what we have to do legitimately.    



REGULAR MEETING                                          -3-                                                                 JULY 18, 2005
Steve Amedy, Town & Country Real Estate, and Hank Torcellini of Gardner Peterson, were present to discuss the Town establishing a Water Pollution Control Authority for the purpose of allowing community septic systems to be built in the Town.  Mr. Torcellini commented that the State of Connecticut says a community system is one that serves more than 2 residential buildings.  All of these community systems are regulated by the Dept. of Environmental Protection.  There are several community systems in Town now.  First Selectman Eldredge asked if they have to be residential.  Selectman Patton commented that they must be residential, more than one building.  First Selectman Eldredge asked who is responsible for them?  Mr. Torcellini commented that the owners are.  The WPCA allows you to be involved in looking after them because ultimately they are the Town’s responsibility; it is never the primary responsibility of the Town, it is the owners.  If there is a problem it could fall back on the Town.  Selectman Patton commented that even with a WPCA it is not the Town’s primary responsibility.  Mr. Torcellini commented that what you can do as a town to protect yourself is to establish a WPCA and then have the applicants, as part of their review process with the State, meet with the WPCA to explain the project.  The WPCA can then deem certain steps necessary before they get final approval.
One is to set up a sink fund that the WPCA would govern, with the money coming from the association.  Problems still fall back on the owner of the property but these statutes allow you to have the owners provide you with information as to how they would maintain or repair the system if necessary and that usually takes the form of the sink fund, which is tied to the construction or C.O. or something.  The idea is to have enough money to maintain that system that the Town can draw on if it ever comes back to you to fix.  This allows you to insure the management of the system.  First Selectman Eldredge asked if it would also put the responsibility of all the other systems in town back on the WPCA?  Mr. Torcellini commented that you are ultimately responsible anyhow.  Selectman Blessington commented that Coventry had a problem around the lake and they had to fix it.  They got grants and now have liens on the homes.  Mr. Torcellini commented that when you get into the design of systems there is economy in scale and operation.  When you work with the Dept. of Environmental Protection the systems are 3 steps above the health code. First Selectman Eldredge asked are they telling you that you can’t do a system in this town unless we have a WPCA?  Mr. Torcellini commented no, only if you have a community system.  First Selectman Eldredge commented so they are telling you that you cannot design a community system, for more than 2 residential, in this town unless we have a WPCA.  Mr. Torcellini commented  that they are saying we can design, we can submit, we can get their approval but before we construct we must come back to the town.  First Selectman Eldredge asked who is going to do the approval on the Senior Housing 32 units.  Mr. Torcellini commented that the 32 units is no problem.  First Selectman Eldredge asked who is maintaining control of the community systems we now have in town?  Mr. Torcellini replied the owners of the buildings.  Selectman Patton asked First Selectman Eldredge if he thought that if we create a WPCA we will be managing septic systems?  First Selectman Eldredge commented that his fear is that we take the overall responsibility for all the systems that are out there.  I would like our attorney to brief us on what responsibility we do have by forming a WPCA and what is involved in forming a WPCA.  Mr. Torcellini commented that you ought to get the State involved at the same time.  First Selectman Eldredge commented that we will invite DEP and get our attorney here also.  All I fear is taking responsibility for all these systems out
there, some 30 years old and parts are beginning to fail.  Mr. Torcellini commented that ultimately the Town has
responsibility of everything in Town, no matter how you look at it.  You can set up a sink fund where there is a money block between the Town and the owner.  First Selectman Eldredge asked if that money is generated when they apply for a permit?  Mr. Torcellini commented that usually it is as you bring units on line, a certain fee is put into the sink fund.  Selectman Patton commented that if the owners walked, everyone will come
screaming to the Town if there is a problem, whether it is the WPCA or the Board of Selectmen, we will have to deal with it.  Selectman Blessington asked about previous problems in Town, who handled it.  Mr. Torcellini commented the owner did, the problem never made it to the Town.  First Selectman Eldredge commented that we will try to have Mr. Herzig, from DEP, and the town attorney at the next Selectmen’s meeting on August 1st.
        
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.

REGULAR MEETING                                          -4-                                                                 JULY 18, 2005
PUBLIC WORKS
Lynn Nicholls commented that they have better than a third of the roadside mowing done.  The millings will be done by Thursday and the catch basins and chip sealing the end of July or the beginning of Aug.  Linden got a late start on the trees because of the rainstorms.  Lynn commented that she investigated the chip sealing bids.  She has a budget of $65,000 but is using a figure of $60,000.  The oil covers .35 square yards per galllon without a guarantee and .40 square yards per gallon with a guarantee.  With the guarantee any roads that must be re-done will be done at their cost.  Discussion on the type of stone, 3/8 or ¼,  followed.  Selectman Patton commented that if we get a guarantee we should bring the budget up to $80,000.  First Selectman Eldredge asked Lynn if she felt confident going with the .40 and the smaller stone.  Lynn replied yes.  Selectman Patton asked what about the Hall School parking lot?  Lynn commented that we will think about doing it.  First Selectman Eldredge commented once we get done we will know about the parking lot.  Lynn commented that she will be watching it.  She hopes the widths of the roads are right.  Lynn commented that she has 5 pieces of equipment and 3 men, when she can’t upgrade it hurts.  First Selectman Eldredge commented that he said there could be no upgrades until after July 1st. and only upgrade if you have to.  Lynn commented so you are saying that there is no problem upgrading my laborer/driver to equipment operator.  First Selectman Eldredge commented if the other 2 people are not available, if you need 2 pieces of equipment operated on the same day and you have 2 people available that can operate them, that is what I prefer to see.  If one of them is out or there is something critical, go ahead and upgrade but use logic to do it. Lynn commented that I need to use the people when I need them; I am trying to run a department and do the job.  First Selectman Eldredge commented that I am trying to run a town and keep within the budget.

INSURANCE BIDS – BONDS
First Selectman Eldredge commented that we received 2 prices for the Public Employee Dishonesty Bond for the Town and the Board of Education.  The cost for 1-year premium is:
Mullen & Mahon, Inc     $1,200.00
CNA Surety                      $   896.75
FIRST SELECTMAN ELDREDGE MOVED TO ACCEPT THE CNA BOND FOR $896.75 FOR ONE YEAR.
Selectman Blessington seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

STEAP APPLICATION DISCUSSION
First Selectman Eldredge commented that there will be $20 million available from STEAP, we will get notification in early August.  First Selectman Eldredge commented that he has a letter from Birmingham Utilities that they have a contracted with the Town of Tolland to provide water for Rivers Edge Condominiums
on Depot Road.  First Selectman Eldredge commented that we could go after STEAP to bring water lines over Depot Road to Rt. 32 to Hall School for around $300,000.  Selectman Eldredge commented that he suggests we write a proposal for that and that the Housing Authority write a proposal for $200,000 for the water system for the cottages.  Selectman Patton asked if our project was funded last year?  First Selectman Eldredge commented no but they gave us $150,000 left over.  Selectman Patton asked what does Dr. Berglund think?  First Selectman
Eldredge commented that she likes the idea.  She has asked to reschedule a meeting with the State 3 times and has not heard anything.  First Selectman Eldredge commented that if this could be done it would solve the water problems at Hall School.  Lynn Nicholls asked can we go after road money from STEAP?  First Selectman Eldredge commented that he did not know.  Selectman Patton commented that we could do Hall School with a reimbursement from the State because it is a code violation.  We could ask the Legislative for a special act.   First Selectman Eldredge commented that the estimate for Hall School is $185,000 with a 70% reimbursement and you would still have to come up with money.  Selectman Patton commented that if the Town has other needs that you can’t get reimbursement for and you get 70% reimbursement for school work, even if you want to go with the $300,000 you could get reimbursement.  We could use the $300,000 STEAP money for something we can’t get reimbursement for.  First Selectman Eldredge commented that to bring the water line up is just a straight STEAP grant.  Selectman Patton commented that if we decide to do that project, take the
REGULAR MEETING                                          -5-                                                                 JULY 18, 2005
STEAP grant out of it, with Birmingham to bring the water up to Hall School, I am sure we would be able to get Legislative approval for reimbursement, because it is a code violation.  First Selectman Eldredge commented the reimbursement is only on school property.  Selectman Patton commented that is why we would need to get a Legislative act, which is done all the time, to get the reimbursement.  This is why I keep wanting to meet and discuss various options because that’s how you come up with a good conclusion.  You have to weigh different things, see where you can get money.  It is much easier to get money for the school than for some other projects.  First Selectman Eldredge commented you are saying that we should get legislative action to approve reimbursement on extending the water lines, maybe that’s possible, but why would this not be a priority?  I feel it is a priority.  Selectman Patton commented, I don’t know, we never discussed it, we never met on it, we never met with the school despite my saying this for 2 years.  We have sat here at meetings and said that’s the school’s problem, I’m not going to worry about it.  That’s all I ever hear, I never hear let’s talk about how we are going to fix this until tonight.  Now it’s we got some free money, lets do this.  We never meet and talk about it until you come up with this and say that’s good.  We need to talk about all these things.  First Selectman Eldredge commented you do not want to use STEAP money for the water system, I want to use STEAP money for it.  Selectman Patton commented that what you have done is say oh, by the way, I know we have never discussed this but we should use $300,000 from STEAP money for the water system.  First Selectman Eldredge asked why is that not a viable project?  Selectman Patton commented that it might be, maybe there are some other projects out there we want to talk about, but we can’t do that.  Do we know what the STEAP grant is good for?  Have we discussed any other alternatives?  No.  First Selectman Eldredge asked what other projects?  Selectman Patton commented that we need to discuss this.  
FIRST SELECTMAN ELDREDGE MOVED THAT WE APPLY FOR A STEAP GRANT FOR $300,000 TO DO THE HALL MEMORIAL SCHOOL WATER LINES ONCE BIRMINGHAM UTILITIES BRING IT TO RIVERS EDGE CONDOMINIUMS.  
Selectman Blessington seconded the motion.
VOTE:  2 YES (ELDREDGE & BLESSINGTON)  1 ABSTAIN (PATTON)
Selectman Patton commented that he does not think we should vote on this tonight, we need to discuss everything.

GOOD & WELFARE  - NONE

SELECTMAN BLESSINGTON MOVED TO ADJOURN THE MEETING AT 7:50 P.M.
First Selectman Eldredge seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary


Board of Selectmen
860-487-3100

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