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BOARD OF SELECTMEN
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                                                                                                           AUG. 15, 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, K. Acimovic, S. Amedy, A. Daha, T. Hoffman, J. & S. Lewis, J. Perry, J. Poole, H. Torcellini, R. Wiecenski, S. Yorgensen, D. Woodworth, M. Zizka and the reporter from the Chronicle.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF 8/1/05.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF  8/8/05.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

SELECTMAN BLESSINGTON MOVED TO APPROVE THE MINUTES OF  8/11/05.
Selectman Patton seconded the motion.
VOTE:  2 YES (ELDREDGE & BLESSINGTON)  1 ABSTAIN (PATTON)    0  NO

First Selectman Eldredge commented that due to time constraints we will discuss item 6A first.

WATER POLLUTION CONTROL AUTHORITY
Jennifer Perry, D.E.P., commented that the DEP regulations cover residential development served with a community septic system.  The statutes and DEP regulations require a Water Pollution Control Authority to ensure the effective operations and maintenance of a community septic system.  In terms of obligations, if a community system had a problem the Town is liable for it whether or not you have a WPCA.  The WPCA would give the Town the ability to impose some requirements on a developer, to ask for a fund to be set up for long-term maintenance of the system.  DEP would go to the owner or homeowners association first but the Town could be held liable for a pollution problem.  First Selectman Eldredge asked wouldn’t it be difficult to go back to existing systems?  Ms. Perry commented no, other towns have done it and set up funding.  Hank Torcellini thought this would be good for the Senior Housing also.  Mr. Torcellini commented that there are several community septic systems in Town and they have worked out any problems they had.  Ms. Perry commented that in some towns the Board of Selectmen or the Town Council act as the WPCA.  Selectman Blessington asked if that is the case, is there some form of expertise?  Ms. Perry commented that they do not always have expertise but ask questions.  When they have questions they would ask the town engineer and the
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health department.  Selectman Blessington commented that we are a small town, are there other towns our size that have a WPCA?  Ms. Perry commented that she would have to look into that.  Selectman Blessington asked how often they meet and was told once a month.  First Selectman Eldredge asked if they had paid staff and was told no but some of the large cities have paid staff.  Discussion followed regarding regulations.  Ms. Perry commented that there are regulations out there you could adopt and DEP would help you.  Selectman Patton asked if there are any disadvantages of creating a WPCA.  Ms. Perry commented that she did not see any disadvantages; you have the liability anyway, without any control over new development.  Selectman Patton asked other than engineering, is it better to have one large system or many small systems.  Mr. Torcellini commented one large system and Ms. Perry agreed.  First Selectman Eldredge asked what role does DEP have after a community system is in?  Ms. Perry commented that their permits require monitoring and maintenance and they must submit quarterly reports to us.  First Selectman Eldredge asked what role would the WPCA play?  Ms. Perry commented that our permit requires that you get the reports and you can review them.  Steve Amedy commented that a WPCA might open other opportunities also, it could provide for more open space in a development.  Selectman Blessington asked if the permitting process requires that everybody go through the WPCA?  Ms. Perry commented that for a community system you must go to WPCA, for a sub-division you would go through the health department.  Selectman Blessington asked if the system is more efficient and creates the opportunity for more open space can it enable more houses to be put in?  Mr. Torcellini commented that it relates back to your PZC regulations.  Selectman Patton asked if the DEP regulations were much tighter for a developer?  Ms. Perry replied yes.  Selectman Patton asked Susan Yorgensen how many new facilities are we looking at that are looking for a community system?  Susan replied 2 or 3 but she would be more worried about existing ones and how many times they force the Town to do anything.  She knows what happen on Schofield Road. Ms. Perry commented typically we do not force the Town; we deal with the owners or homeowners association.  Selectman Patton commented if we do not have a WPCA  it is easier to sweep it under the rug.  Susan asked who is going to be the WPCA and asked Mike Zizka, Town Attorney, if the Town has a WPCA and there is something that needed to be done, does the WPCA have enforcement powers?  Attorney Zizka commented that one statute says the WPCA must assure effective management of the system and another statute defines what effective management of the system is, which is essential about financial control, they are saying that the towns should make sure the developer has resources to fix he system so the developer can’t go belly up and the Town has the responsibility.  Attorney Zizka commented that his concern is regarding affordable housing.  Affordable Housing statutes over ride the local zoning regulations.  Now WPCAs are exempt from that, WPCAs have the power to create certain regulations but that issue is in court.  Every year there are proposals to make the WPCAs and Wetlands Commissions subject to the Affordable Housing Act.  If someone came in with a proposal for a community septic system, and there was a WPCA, that would give them the ability to create the system and essentially shove it down Planning & Zonings throat.  There could be a conflict with the PZC regulations.  Affordable Housing Act creates a separate standard for the review of land use decisions by PZC, it says that PZC cannot rely on its regulations to say no.  PZC must demonstrate that there is a really major problem that outweighs the need for Affordable Housing.  WPCA can regulate sewer systems and in theory could say community systems will not be approved in this Town unless the number of units proposed for the community system is consistent with the number of units for individual systems on that land.  Attorney Zizka commented that there are a number of advantages that a WPCA might have; it doesn’t have to be a full blown other agency.  With community septic systems there are a lot of standardized forms you can use, I don’t think it would be necessary to create a commission.  The one area I would worry about is the Affordable Housing Act but anytime there is a water pollution problem in town DEP can issue an order to abate the pollution.  The minute you get that order you will have to create a WPCA.  Mr. Poole asked if we have a festering problem on Schofield Road, has the DEP and the Town turned a blind eye to this?  Mr. Torcellini commented that there was a problem but it has been cleaned up, there is none now. Selectman Patton commented that if DEP issued a pollution order, the Town would have to take care of it.  
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Ms. Perry commented that DEP is dealing with this issue.  Mr. Poole asked if the Town had any reserves for that?  Selectman Patton commented that DEP said it is not an issue and the owners handled it.      

PRESENT TO SPEAK
Jim Poole asked the Board what was the status on the Talmadge Grant?  First Selectman Eldredge replied that we haven’t heard yet.  Mr. Poole asked if the $18,000 FEMA money came in and what line item it went to?
The money came in and was put in the general fund.  Mr. Poole asked if the Library bids are in and if the Building Committee did a comparison?  The bids are in and Building Committee did a comparison, the tabulation is available to the public?  

David Woodworth, Chief of Willington Fire Dept. #1 was present to discuss the area in front of Hall School; they do not want to see that area filled in.  First Selectman Eldredge commented that the Board of Education voted for this and he thought the Fire Depts. had no objections.  Chief Woodworth commented that they were never in favor of this.  They use that for the fire trucks or ambulance otherwise they would have to be out on Route 32.  Chief Woodworth asked what is their reason for this?  Selectman Patton commented that parents drop off kids and things get backed up.  Dave commented that this is how we access the school.  Selectman Patton commented that you could access through the handicap area.  Lynn Nicholls commented that lots of cars are always there.  Dave also commented about the potential for a water line from Tolland.  They would ask for hydrants at Depot Road, the mill, Lyon Manor and Hall School.  Lynn commented that the hydrant at Village Street & Route 32 does not work.

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

PUBLIC WORKS
Lynn Nicholls gave the Board a list of projects, numbered from 1 to 49, that they have going on.  The first 15 are priority, the ones highlighted are State mandated and Karl Acimovic will handle them with Lynn.  First Selectman Eldredge asked about stone chipping and oiling.  Lynn commented that it is completed as of Friday and sanded also.  The repairs on Lohse, Spak and Blair Roads were done.  They are working on stop signs, guardrails, lines, site lines, picking up limbs and brush cutting.  Lynn reported that the meeting with DOT regarding the area in front of Hall School is on Tues. 8/16/05 at 12:30 P.M. at that site.  D. Woodworth will try to attend the meeting also.  

CONNECTICUT BROADBAND vs. SBC
First Selectman Eldredge commented that Selectman Patton requested that we talk to SBC.  We did and there is very little difference between the two companies.  First Selectman Eldredge commented that there is no prominent reason to switch from SBC.
FIRST SELECTMAN ELDREDGE MOVED THAT WE STAY WITH SBC AS OUR TELEPHONE CONTRACTOR.
Selectman Blessington seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

OPERATION & MANAGEMENT OF A SENIOR HOUSING WATER SUPPLY & DISTRIBUTION SYSTEM
First Selectman Eldredge commented that the Board and Karl Acimovic interviewed 3 companies, Birmingham, Lenard and N.E. Water.  We each had a rating sheet based on a scale of 1 to 10 for 13 items.  All the rating sheets were tallied.  Birmingham = 469, Lenard = 386 and N.E. Water = 427.  Selectman Patton asked what was
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Birmingham’s proposed cost?  Karl answered $66,460.  Selectman Patton commented that N.E. Water’s was higher than $100,000 and Lenard’s was $25,000.  Selectman Patton commented that he felt comfortable with Lenard; they have what we are looking for.  It is a simple water system.  Karl Acimovic agreed and commented that even the maintenance is simple; it is not a complicated system.  First Selectman Eldredge commented that all 3 companies were strong engineer wise.  He was disappointed with Lenard and their management people and feels that N.E.Water is a larger entity than we need.  First Selectman Eldredge commented that he is very pleased with Birmingham.  Selectman Patton commented that all 3 can do the job, Birmingham is a medium size company, N.E. Water is large and Lenard does small stuff.  Selectman Patton commented that Lenard was just right, we are small; I think Lenard will be simple, professional and design to our level and think of the savings of $41,000.  That goes a long way.  Selectman Patton commented that he thinks that we would be able to work with Lenard and be comfortable.  Selectman Blessington commented that he was comfortable with Birmingham and N.E.Water, both of them made it obvious they wanted this job.  Lenard/Aqua Pump did not, Aqua Pump had somebody on vacation and they couldn’t find anyone else, they didn’t seem interested.  In an emergency could they find someone?  First Selectman Eldredge commented that Birmingham has resources for emergency and has the management staff.  They would assist us in the design and bid process.  Karl commented that he felt most comfortable with Birmingham’s management; they seem capable to manage anything we run into.  Selectman Patton commented that we could give Aqua Pump a one-year trial.  Spending the extra $41,000 is not necessary, that’s a lot of money.  Discussion about the design and cost of design followed.  First Selectman Eldredge commented that the design cost can’t be done until you know the parameters of the water.  Karl commented that any one of these companies could do it with a level of comfort.  Selectman Blessington asked Karl if he had any idea why the vast difference between the $100,000, the $66,000 and $25,000.  Karl commented that a lot of it is overhead and projects going on and what you have in the computer.  Lenard probably had it in their computer, any of the 3 companies would do.  Selectman Patton commented that it is pretty clear to me.  First Selectman Eldredge commented that Birmingham got the highest rating, N.E. Water next and Lenard the lowest.  Karl commented that you have a good feeling for Birmingham for their engineering and management.  First Selectman Eldredge commented that I like Birmingham; Selectman Patton likes Lenard and asked Selectman Blessington who he liked.  Selectman Blessington commented that he is concerned about Aqua Pump and concerned about the different costs.  Karl commented that we did not give them line items to put unit prices.  They were not doing that.  Selectman Patton commented that the management company was doing the bid and Lenard was doing the bid.  They are right next door and they have a good feel for the area and they are doing studies for the schools.  Karl commented that they have a very good feel for the area.  Selectman Patton commented that he is still going back to the $41,000, that is a big nut.  Selectman Blessington commented that these bids are not set in stone.  Karl said no, we asked for proposals not bid prices.  Selectman Blessington commented that Lenard could say $41,000 and Birmingham could come back and reduce their cost.  It is a tough call.  Lynn Nicholls commented that she read all 3 proposals, when it  goes down it will not be the engineers there, it will be the help.  Most of the town deals with Aqua Pump.

SELECTMAN PATTON MOVED TO AWARD THE CONTRACT FOR THE OPERATION & MANAGEMENT OF A SENIOR HOUSING WATER SUPPLY & DISTRIBUTION SYSTEM TO LENARD ENGINEERING.
Selectman Blessington seconded the motion.
Selectman Blessington commented that he is not comfortable with Lenard and Aqua Pump
VOTE:  1 YES (PATTON)  2 NO (ELDREDGE & BLESSINGTON)

FIRST SELECTMAN ELDREDGE MOVED TO AWARD THE CONTRACT FOR THE OPERATION & MANAGEMENT OF A SENIOR HOUSING WATER SUPPLY & DISTRIBUTION SYSTEM TO BIRMINGHAM UTILITIES.
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Selectman Blessington seconded the motion.
Selectman Patton commented that we must understand that the prices that came in, the estimated fees, that we have the possibility of spending an extra $41,000 so we can go with Birmingham.  We do know that it is at least twice Lenard’s even though we all admitted Lenard can do the job.  Selectman Blessington commented that he expressed doubts.  Selectman Patton commented that Lenard has handled many projects and has been in business for years.  Do you think they won’t be able to be here once a week to maintain the system?
VOTE:  2 YES (ELDREDGE & BLESSINGTON)  1 NO (PATTON)

GOOD & WELFARE  - None

FIRST SELECTMAN ELDREDGE MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS AT 8:10 P.M. AND INVITED TERRY HOFFMAN TO ATTEND.
Selectman Blessington seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO COME OUT OF EXECUTIVE SESSION AT 8:35 P.M.
Selectman Blessington seconded the motion.
VOTE:  3 YES (ELDREDGE, BLESSINGTON & PATTON)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO PROMOTE TERESE HOFFMAN TO “BUSINESS MANAGER” WITH A SALARY INCREASE OF $8,000.00 PER YEAR.  JOB DESCRIPTION FOR “BUSINESS MANAGER” TO BE FORTHCOMING.
Selectman Blessington seconded the motion.
VOTE:  2 YES (ELDREDGE & BLESSINGTON)  1 NO (PATTON)
FIRST SELECTMAN ELDREDGE MOVED TO ADJOURN THE MEETING AT 8:45P.M.
Selectman Blessington 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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