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BOARD OF SELECTMEN 5-15-06

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                                                                                                           MAY 15, 2006
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 Patton & Lewis, D. Latincsics, L. Nicholls and residents.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 5/1/06.  
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN PATTON MOVED TO APPROVE THE MINUTES OF 5/8/06.  
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

PRESENT TO SPEAK  Business Manager Donna Latincsics.  
BUDGETARY CONTROLS
Donna Latincsics, Business Manager, presented the Board with a letter regarding a second level of security, which would require a second approval to allow a user to continue when an account is overspent and a warning shows up.  Donna discussed this with the Product Manager at Phoenix who in turn looked into it.  The response Donna received was that it could not be done.  There is a new version of SQL that Donna will implement by January 07, which will have better safe guards.  For now Donna offered 2 options; provide the First Selectman with an expenditure report with every batch of bills to be approved and this will allow him to see what line items will be overspend before the bill is entered; or perhaps when the user is warned that the account balance will be exceeded and asked to continue, the user should select no which would cancel the entry and the user should alter the Department Head/Business Manager/First Selectman.  Selectman Lewis commented since you have a warning flag in place, you need a strict policy change that you can’t override the flag.  Do you get a flag at the purchase order?  Donna said yes, but sometimes you override without realizing it.  Selectman Lewis commented that the policy must be that a red flag cannot be overridden.  Selectman Patton commented Jack is right you must be stringent about it, you cannot take the human out of the equation.  Donna agreed and commented that someone must analyze.  Selectman Lewis commented the Business Manager must do the analysis of items.  First Selectman Eldredge commented we need more analysis.  Selectman Patton commented either by the First Selectman or the Business Manager.  All budget line items must be analyzed constantly.  Selectman Lewis commented the auditor said the First Selectman should analyze it.  First Selectman Eldredge commented he thinks the Business Manager and or the Department Heads should analyze it.  Selectman Patton commented we need to give the Board of Finance more consolidated reports on line items that are overspent. The line items should not be overspent; the objects within the line item may be overspent, they need to look at
REGULAR MEETING                                         -2-                                                                  MAY 15, 2006

that.  Selectman Patton commented the Department Head told us in Feb. that this was out of money.  The Department Head did what she needed to do.  Selectman Patton commented the Business Manager may need to work closer with the Board of Finance.  Donna commented they do get reports.  Selectman Patton asked should we have the auditor do a course for the Board of Finance that would help them along?  Selectman Lewis commented the problem is each person may or may not do what needs to be done.  We need a policy for paid employees; you can’t make the Board of Finance do it.  Selectman Patton commented it is possible that they do not know about this, other boards have courses to go to, there are not to many for the Board of Finance.  It would not be a bad idea to set one up; the Board of Finance needs to be part of this.  That board has a lot of authority and responsibility, as much as the Board of Selectmen.  First Selectman Eldredge commented when a flag comes up you need to make a decision, you may have to wait to go to the Board of Finance.  Lynn asked if the Department Heads are looking at their monthly reports?  We need to have a Department Head meeting to discuss this and other things.  Selectman Patton commented people need to understand their responsibility; there is too lax a responsibility about finances.  You can have all the warning signs but if no one does anything it is no good.  I hope the Business Manager will take a more active role and if there is a shortage she will contact the Board of Finance and the Department Head.  First Selectman Eldredge commented only the Department Head would know what their future spending might be.  Selectman Lewis asked Lynn did you go to Donna when you saw the shortage?  Both Lynn and Donna said she did.  Selectman Patton suggested check with COST or GFOA for classes for the Board of Finance or have someone come here.  Donna will look into it.  Donna commented that she appreciated the awareness of the Board of Selectmen; I know I did not get to the Board of Finance in time.  First Selectman Eldredge commented if we had the flag at the line item level and not made those payments until we went to the Board of Finance we wouldn’t have overspent.  Donna commented we needed to know at the purchase order level.  I said I know it is overspent, I am working on transfers.  Selectman Patton commented you are saying everyone knew.  Donna replied yes we knew we were not going to make it and we did not get to the Board of Finance.  There was a lot of talk and we did not get it done.  Selectman Patton commented flags are rare but people must abide by the flag and not overspend when you do not have authorization.  

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

PUBLIC WORKS
 CHIP SEAL BIDS – 5 bidders responded to the request for bids.
ALL STATE                                                               
Asphalt Emulsions Crs-2:        $1.75 Per Gal.                                   
Chipper Spreader:               $  .11 Per Gal.
Rubber Tired Roller:            $  .10 Per Gal.
TOTAL                                   $1.96 Per Gal.
COMER
Asphalt Emulsions Crs-2:        $1.99 Per Gal.
Chipper Spreader:               $  .14 Per Gal.
Rubber Tired Roller:            $  .13 Per Gal.
TOTAL                                   $2.26 Per Gal.
DOSCH-KING
Asphalt Emulsions Crs-2:        $1.75 Per Gal.
Chipper Spreader:               $  .11 Per Gal.
Rubber Tired Roller:            $  .10 Per Gal.
TOTAL                                   $2.28 Per Gal
REGULAR MEETING                                         -3-                                                                  MAY 15, 2006


GORMAN BROTHERS
Asphalt Emulsions Crs-2:        $1.46 Per Gal.
Chipper Spreader:               $  .11 Per Gal.
Rubber Tired Roller:            $  .10 Per Gal.
TOTAL                                   $1.67 Per Gal.
NEW ENGLAND ASPHALT SVC.
Asphalt Emulsions Crs-2:        $1.90 Per Gal.
Chipper Spreader:               $  .10 Per Gal.
Rubber Tired Roller:            $  .09 Per Gal.
TOTAL                                   $2.09 Per Gal.

First Selectman Eldredge commented we will hold these until the next Board meeting when we know what the State bid is.   


BUILDING DEPARTMENT FEES
First Selectman Eldredge commented that the Building Official proposed new fees effective July 1, 2006.  The Board of Selectmen must approve the fees.
Current                 Proposed
House   $60 per sq. ft.         $100 per sq. ft. (based on $10 per $1000 worth of construction)
Garage  $25 per sq. ft.         $35 per sq. ft. (based on $10 per $1000 worth of construction)
Deck/Porch $15 per sq. ft.      $25 per sq. ft. (based on $10 per $1000 worth of construction)
                
All mechanical, plumbing and electrical fees would remain the same.  The fee schedule is $35 for 1st $1000 and $10 per $1000 thereafter or any part thereof.
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE THE NEW BUILDING DEPARTMENT FEES, AS PROPOSED BY THE BUILDING OFFICIAL, EFFECTIVE JULY 1, 2006.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

TRASH REMOVAL
First Selectman Eldredge commented that we have not received the proposal yet from Tom DeMaio.  American Ref-Fuel has been taken over by Ovanta Energy and the corporation must give the okay before he sends it to us.  Mr. DeMaio is looking at going from a 2 year to a 4 year extension and reducing the tonnage, he will try to make the numbers right.  If not the contract stays the way it is.  Selectman Patton commented if we get a lower price we must go with a 4-year extension; we must stay with them because no one got back to them in time to not extend the contract.  Selectman Patton asked First Selectman Eldredge was there a reason you did not send the letter?  First Selectman Eldredge commented we did not get the letter out because Willimantic Waste got back to us to late for us to send the letter.  Tom DeMaio will get back to us as soon as he gets approval from the corporation.

APPOINTMENTS
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT ELLIE LOWELL AS AN ALTERNATE MEMBER OF THE CONSERVATION COMMISSION, TERM EFFECTIVE 5/15/06 TO 12/1/08.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
REGULAR MEETING                                         -4-                                                                  MAY 15, 2006

FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT PAUL SCHUR AS WILLINGTON’S REPRESENTATIVE TO THE EASTERN HIGHLANDS HEALTH DISTRICT, TERM EFFECTIVE 5/31/06 TO 5/31/09.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

TAX REFUNDS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $26.52 TO KERRIANNE KRAFT.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

LOCAL DISASTER EMERGENCY ORDINANCE
First Selectman Eldredge commented that he ran the ordinance by the Town Attorney and read the ordinance.  We need to adopt this by September.  Selectman Patton suggested some changes in one part, this will be looked into and the ordinance will be addressed at the next Board meeting.  

EQUIPMENT LEASES
Selectman Patton commented he is hearing all sorts of things about this and was hoping the First Selectman could explain.  First Selectman Eldredge commented we got a request to sign a purchase agreement, the attorney said we needed authorization from the Board of Finance and the Town to expend up to $166,000.  That money will be a portion of the combined lease for 4 other pieces of equipment.  Selectman Patton commented the Fire Dept. already signed the contract.  Chief Woodworth commented they signed based on last year’s budget; I talked to Mike Eldredge, Lynn Brown and Donna Latincsics and there was $175,000 for the ambulance.  First Selectman Eldredge commented that was pending but not approved.  The attorney is very much involved with this.  I have a letter going to the Board of Finance for authorization to spend the $166,000, it still has to go to the Board of Finance and then Town Meeting for the appropriation.  Selectman Patton asked why are we signing contracts that we do not have authorization for?  First Selectman Eldredge commented we are not, that’s why I did not sign the contract.  Selectman Patton asked isn’t the contract already signed?  Chief Woodworth commented yes, he was under the impression from Mike, Lynn Brown & Donna that the money was there.  The day he had the specs for the chassis he came up to the T.O.B. and it had not opened yet.  It had to be in that day or the price was going up.  I signed the specs under the assumption that the money was there; in the past it has never gone to Town Meeting.  First Selectman Eldredge commented but the Fire Dept. bought them.  They were in the name of the Fire Dept.  The way I understand it, this lease/purchase will be in the Towns name.  Selectman Patton commented I don’t know who told you we need to go for an appropriation; a lease is a non-appropriation.  First Selectman Eldredge commented he went over this with the Town Attorney, the whole thing started when we got the purchase agreement from Eastford Fire & Rescue Sales.  I told him I could not sign a purchase agreement without the approval of the Board of Finance to spend this $166,000 and then Town Meeting, it is very specific.  Selectman Patton commented you don’t need that; you can go there and inform them if you want to get their permission.  The whole idea of a lease is that it is not a debt, not an appropriation it is a lease payment.  There is a non-appropriation clause on every municipal lease that says it is good for the fiscal year; if the next fiscal year you don’t budget for it the lease terminates and they take the equipment.  First Selectman Eldredge commented we were not going to do that until we got the prices for the other equipment and we were going to make one lease/purchase agreement.  Selectman Patton commented it goes back to who is coordinating this, there doesn’t seem to be any coordination.  What should have been happening is that Lynn should have been getting specifications and prices for equipment.  Dave should have been doing that also.  We should have been aware when the cash was going to be needed.  You then contact the
REGULAR MEETING                                         -5-                                                                  MAY 15, 2006

leasing companies and say we have this much equipment we are going to be buying, we are going to need the cash at this particular point, the Fire Dept. may need a down payment.  Chief Woodworth commented we agreed on a down payment.  First Selectman Eldredge commented the Town Attorney talked to the Rescue Sales people and they said they don’t need a down payment.  They are satisfied that once the appropriation is approved by the BOF and the Town Meeting and we can enter into this, that is all they require.  Selectman Patton asked why our lawyer is negotiating with a vendor?  Chief Woodworth commented that in talking to Mike, Lynn Brown & Donna it was never mentioned that we had to get approval from the BOF or Town Meeting.  After I brought the specs to the Rescue Sales Company I gave Mike the number and said you need to touch base with them.  I mentioned at the last BOS meeting if this is not okay they should hear from you saying hold off.  First Selectman Eldredge commented he told them he could not sign the purchase agreement until he gets authorization from the BOF and the Town.  They is aware that it is to be part of a lease/purchase agreement that will come to fruition after June 30th.  Selectman Patton commented you should have gotten all the prices together and gone to bid to the lease companies to ask them what their cost of money is and then you say these
are my cash flow times; they are going to give you all the money, they will put it in escrow.  Then when the chassis comes up you cut a check for that and your payments will be whatever you set up.  This is not an appropriation it is a lease payment, municipal leases are specifically set up so they are not appropriations.  That is one of the selling points of a lease, you are not incurring debt you are incurring an obligation under the general fund.  Every year you have to appropriate money through the general fund so next year we have money in there for lease payments so when the lease payment is due you have the money to pay.  First Selectman Eldredge asked do you feel we could sign the contract without going to the BOF or Town Meeting?  Selectman Patton commented your problem is you did not coordinated with Public Works on the other equipment so you have no least set up with any company that would be able to forward the money to that particular vendor.  First Selectman Eldredge commented the problem is the purchase agreement and I don’t think any work has been done on pricing for the other equipment.  Lynn commented it has been done.  Selectman Patton commented that’s what I mean, somebody needed to coordinate this entire effort so we got all the prices together and we could tell the Chief no you can’t do it or yes you can do it.  Selectman Patton commented someone needed to coordinate all the prices and they did not.  The reason you put everything together is to get a better interest rate, your cost of money is lower.  If you go for individual pieces your interest rate is going to be higher.  First                          Selectman Eldredge commented we want to go for all four but the Fire Dept. needs a purchase agreement signed by me and to be able to do this you must go to the BOF and Town Meeting for $166,000.  The Town Attorney told me this.  Selectman Patton asked the First Selectman to have the Town Attorney call him.  Selectman Patton commented I agree you can’t sign the purchase agreement until you have a deal with a leasing company.  If you had coordinated all this and worked with a lease company and finalized and agreement with a leasing company you could have signed the purchase agreement and forwarded the money for the chassis and the rest of the money goes into escrow until it is needed.  Lynn commented that she has the specs but was told to wait until July.  First Selectman Eldredge commented he planned on waiting.  Selectman Patton explained lease/purchasing again.  First Selectman Eldredge commented he would have the Town Attorney call Selectman Patton and get you a copy of the letter to the BOF.  Selectman Patton commented you can’t do appropriation, appropriation takes money from somewhere.  Patton commented we could do a Public Hearing to explain what we are spending, it is not an appropriation.  First Selectman Eldredge commented he reviewed everything with the Town Attorney and this is what we came up with, the attorney also reviewed his letter to the BOF.  Chief Woodworth asked could the South Willington Fire Dept. roof be included on the next Town Meeting?  Selectman Patton commented there is no reason we could not do the roof with the ordinance at Town Meeting.  First Selectman Eldredge commented that will be a LOCIP project.  First Selectman Eldredge asked if there is a restriction on LOCIP that the building must be in the Town’s name?  Selectman Patton commented that the only restriction that they have is that it can’t be mobile and can’t be a school building.  First Selectman Eldredge commented that the deed is in the Fire Department’s name not the Town’s.  Selectman Patton commented we
REGULAR MEETING                                         -6-                                                                  MAY 15, 2006

have done LOCIP many times for both Fire Departments.  First Selectman Eldredge asked if we ever asked that question?  Selectman Lewis commented that he thinks we did and it turned out it might be in their name but it is all paid for by Town funds.  Selectman Patton commented they serve a municipal function.       

GOOD & WELFARE

Selectman Lewis commented that due personal situations I have not been able to get out to clean Schofield Road.  Gil Clark cleaned up Schofield Road.  I also saw Lynn & Marge Brown doing Cisar Road.  It is nice to see.  Selectman Patton commented it is important.  Lynn Nicholls commented someone does Jared Sparks Road; we have a lot of people doing clean up on roads.  M. Wiecenski does Adamec Road.  Bob Wiecenski asked what happened to the ambulance recovery fund?  Selectman Patton commented when the Town agreed to be the custodian of the funds it was agreed the money would go for equipment for both Fire Departments.
SELECTMAN LEWIS MOVED TO ADJOURN THE MEETING AT 8:26 P.M.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary


Board of Selectmen
860-487-3100

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