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BOARD OF SELECTMEN 6-5-06

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                                                                                                           June 5, 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, L. Nicholls and residents.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 5/15/06 AND AMENDMENT OF 5/15/06.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN PATTON MOVED TO APPROVE THE MINUTES OF 5/31/06
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

PRESENT TO SPEAK
Stuart Cobb, Fire Dept. #1, distributed a proposal from the Red Cross; it is a Statement of Understanding between the Town and the Red Cross.  It establishes who does what in a disaster; if we run a shelter based on their procedures they will reimburse us.  In a major storm they do not send volunteers since they do not want to put them in harms way.  Stuart commented we need to know what they do and do not do; he would like the Board to look at this and make a decision by the next meeting.  Stuart reported that the bid request for the generator for Hall School has gone out and is due back on June 15, 2006.  The Board of Education is paying a good chunk and a Homeland Security grant the rest, the generator will power the entire school.  Discussion on the type of generator and placement of it followed.  Stuart commented that it is required that we have a shelter for 10% of the population.

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

PUBLIC WORKS
Lynn commented that Gorman Brothers got the State bid for chip sealing at $1.75 but we can have the $1.67 that they bid for the Town.  Lynn and Karl Acimovic checked out the intersections of Kollar, Sharps Mill and Luchon Roads.  They recommend a 25 mph speed sign and a warning of intersection be placed on Luchon Road, a warning of intersection be placed on Sharps Mill Road, there is a stop sign on Kollar Road but to enter Kollar Road it is recommended that the long sweeping curves be eliminated, along with the tree and center island.  A more constricted width without the curves will slow oncoming traffic turning from the through road
REGULAR MEETING                                          -2-                                                                 June 5, 2006

onto Kollar.  Discussion followed on the use of stop signs to slow speeding and the changing from 30 mph to 25 mph.  Selectman Lewis commented one thing that did work was surprise radar but it is not in the budget.  Selectman Patton commented if the intersection is a problem we should do something about it.  Lynn commented Karl and I do not think a 3 way stop sign would help.  Selectman Patton commented he would like to see about changing the intersection.  Lynn gave the Board some pricing on the equipment for the leasing.  Discussion on this followed.  Lynn will present a chart showing comparisons.  First Selectman Eldredge asked is there anything available on lots?  Lynn commented if I go to dealers and they have something, how long before they can get a check?  First Selectman Eldredge commented 2 to 3 weeks.  Lynn commented that they are working GASB and have 35 roads out of 80 done; some are hard and we need to create new as builts.  Lynn commented there was no damage from this weekend.  Mike Makuch asked if anything regarding making Battye Road one way has been decided?  First Selectman Eldredge commented nothing has been decided on that.  Mike commented he thinks it should not be one way from a public safety view and has a call in to the Chief of Willing Fire Dept. #1 regarding it.  Personally he is opposed to the idea, he is building a house there and it is convenient to Rt. 32.  He would rather see money spent on adding a foot or two here or there between Clover Springs and Rt. 32 instead of pushing traffic up and around the other narrow part.       

OLD BUSINESS
SELECTMAN PATTON MOVED TO ADD COORDINATION OF LEASES TO THE AGENDA.
Selectman Lewis seconded the motion.  
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
Selectman Patton commented someone needs to coordinate this whole thing with Public Works and the Fire Department and also with the leasing companies so we can get some proper bids from them.

SELECTMAN PATTON MOVED THAT THE BUSINESS MANAGER BE IN CHARGE OF COORDINATION OF ALL EQUIPMENT PURCHASES AND GETTING LEASING BIDS FOR THE PUBLIC WORKS EQUIPMENT AND THE FIRE DEPARTMENT AMBULANCE.

First Selectman Eldredge commented I don’t understand what you are thinking, the actual solid figures from the leasing companies, is that what you are saying.  Selectman Patton commented he is talking about working with Lynn and Stuart to get what we need as far as cash goes, what equipment is being purchased, when is it being purchased so they can get some bids from leasing companies.  We can give them accurate information so they can give us an accurate quote and we can select a leasing company and the equipment gets purchased instead of this continuous we are not sure what we are doing.  First Selectman Eldredge asked will we partake in the reviews, where do we want to go with this thing?  Selectman Patton commented the Business Manager will bring the information she gathers to us.  We need to get this done.  Stuart commented we ordered the ambulance on a handshake but the contractor wants 10% down.  We have done business with them before; this is poor business on the part of the Town.  First Selectman Eldredge commented the Town Attorney talked to him and doesn’t think we need the down payment.  Stuart commented he talked to him today and he is expecting the down payment.  Selectman Patton commented we can’t give him a check until we sign the lese.  It should have been coordinated before and the Business Manager should do it.  Lynn commented she has been asked if we are actually going through with it.  Selectman Patton commented we agreed we would get the equipment, we have all the approvals, and we just physically need to do it.  Lynn commented Donna asked her about the cash flow.  Selectman Patton commented every vendor has different requirements and time frames; we need to get to the leasing company and tell them what we need so we can have the cash when needed.  The leasing company will disburse the money as needed and put it in an escrow account and then authorize payments from that account to a particular vendor.  The vendors will need payments at different times.  We need to give the leasing company as much information as possible so they know how to work a deal.  They are not like banks, they farm it out.  
REGULAR MEETING                                          -3-                                                                 June 5, 2006

That’s my reason for having the Business Manager work with people to get this thing off the ground.  She can come back to us at the next meeting with all the necessary information.  Donna will need to know when and how we are going to pay this back, I think we are talking about semi-annual payments, and whether we do it up front or in arrears.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

APPOINTMENTS
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT NICOLE LINTEREUR AS THE TOWN OF WILLINGTON ASSESSOR, TERM EFFECTIVE 7/1/06 TO 6/30/08.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
First Selectman Eldredge commented on what a great job Nicole is doing.  The Board agreed.

RESOLUTION FOR THE USE OF PROGRAM INCOME
FIRST SELECTMAN ELDREDGE MOVED TO ADOPT THE FOLLOWING RESOLUTION:

RESOLUTION FOR THE
USE OF PROGRAM INCOME

Whereas, the Town of Willington has received funds under the Connecticut Small Cities Community Development  Block Grant (CDBG) Program administered by the State of Connecticut, Department of Economic and Community Development, pursuant to Title I of the Housing and Community Development Act of 1974 as amended; and

Whereas, the Town of Willington has expended those funds pursuant to Title I of the Housing and Community Development Act of 1974, the Code of Federal Regulations, and the Assistance Agreement; and,

Whereas, those funds received by the Town of Willington have generated Program Income.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SELECTMEN:

1.      That it is cognizant of the conditions for the use of Program Income as prescribed by Title 24, Part 570, Section 489(e) of the Code of Federal Regulations.

2.      That it realizes Program Income is governed by Title I of the Housing and Community Development Act of 1974.

3.      That it may use Program Income only for the following activities:

a)      The activity that generated the program income if the activity continues to meet the requirements of Title I of the Housing and Community Development Act of 1974.
b)      Any additional activity that meets the requirements of Title I of the Housing and Community Development Act if the Town receives DECD’s written approval to fund it with Program Income.

4.      That it may use Program Income to fund Administrative and Program soft costs within the following limits:

Administrative Costs                                    16%

Total Administrative and Program Soft Costs             25%
(Housing Rehabilitation Activities Only)

Total Administrative and Program Soft Costs             21%
(All Activities Except for Housing Rehabilitation)

REGULAR MEETING                                          -4-                                                                 June 5, 2006

5.      That it is hereby amending the Program Income Plan(s) that was adopted for the original activity that generated the Program Income to permit the funding of additional activities from that Program Income.

Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

TOWN MEETING
First Selectman Eldredge read the notice of Town Meeting for $166,000 for the ambulance.  He commented that this was the call of the meeting, the original scenario that was developed when we went to the Board of Finance to get approval to spend $166,000 for the ambulance. It was the opinion, at that time, of the town attorney to get approval for the $166,000 for the ambulance.  Selectman Patton commented, as I said at the Board of Finance, I understands what the motion is, I do not understand what it does.  You agreed to get a copy of the letter to the BOF before you sent it out and you said you would have the town attorney call me; you said this at the last meeting.  I finally talked to the town attorney because I called him. First Selectman Eldredge commented the town attorney was away for a week.  They have been debating the scenario back and forth about which is the best way to do this; it is my understanding now that it could be done this way or because the funding is actually available that we don’t necessarily need a Town Meeting to enter into the lease agreement for the ambulance.  Selectman Patton commented which I have been saying all along, we could have avoided this if you had done what you agreed to do at the last meeting.  Selectman Lewis commented we have a letter from the attorney saying that a Town Meeting is not really necessary; you can do it if you really want to.  He agrees that a Public Hearing, as we did with the purchase of the last fire equipment, so people know what is going on, could be held.  We have 3 letters here saying a Town Meeting is not required, a Public Hearing is a good thing to do.  First Selectman Eldredge commented when we went to the BOF it was with concurrence of the letter that was going to the BOF.  In hindsight, he has evaluated more what fund 17 is, he has written this memo saying because the appropriation is actually in place it doesn’t necessarily have to go to a Town Meeting.  I think we should have a Public Hearing to present the ambulance to the people.  Selectman Patton commented I said that all along but I would rather have a Public Hearing on all the equipment because that is what we are talking about, an entire lease package, not pieces.  We can’t send any money to anyone until we sign a lease agreement, we can’t sign a lease agreement until we figure out what we are buying.  First Selectman Eldredge commented the only problem I have and I actually talked to the town attorney today is what we can actually do with the agreement with Chris Bowen so it doesn’t leave him hanging.  The attorney told me we can still enter into that agreement on the Board of Selectmen level.  Selectman Patton commented we can enter into an agreement we just can’t send him any money, as long as the agreement says we are not sending any money.  The problem is I think that agreement says we are sending a 10% down payment.  First Selectman Eldredge commented the town attorney talked directly to Chris Bowen and I believe he was willing to sign the agreement without the 10%.  Selectman Lewis commented we do not have anything saying that.  Selectman Patton asked why is our attorney negotiating with vendors?  First Selectman Eldredge commented I have e-mail from the town attorney saying that.  Selectman Patton commented before I approved the contract I would want to see it.  First Selectman Eldredge commented great, you have to see the contract but I think that may be the next step.  If we are going to hold a Public Hearing when we get all the data together that’s fine but I think before we do that we should get a viable contract to review and see if we are ready to sign it so we don’t leave Chris Bowen hanging.  Stuart commented I understand you have the original contract.  First Selectman Eldredge commented right.  Selectman Patton commented if everything is going now what is the difference if we wait a month to qualify something he is already doing.  The big issue is he wants his money, I realize he may be able to do without it but it would be real nice to have $16,000 in your pocket when you are running a business.  Stuart comment the final payment will not be due until Jan. or Feb. he is small business man, he has expenses too and to say well we are not going to put a down payment, just trust us on a handshake like $16,000 is nothing is poor business.  The contract

REGULAR MEETING                                          -5-                                                                 June 5, 2006

needs to get in place.  Selectman Patton commented we need to put everything in place, go to the Public Hearing to tell people exactly what we are doing, what we are buying, how we are paying for it instead of this
piece meal approach.  Quiet frankly I would be livid if I was the public and went to a hearing and heard the contract for the ambulance was already signed but we are here to get your opinion anyway.  This is the typical cart before the horse where we are going to do everything and then by the way we are going to get your permission.  First Selectman Eldredge commented that was probably one of the reasons why this would give the authorization by the people to spend the money.  Selectman Patton commented it is a meaningless resolution.  First Selectman Eldredge commented I can see your point and understand why you are saying that but I don’t believe it is because I believe the approval of the Town that they are going to spend $166,000 on the ambulance is a very justifiable commitment.  If you want to hold a Public Hearing when we get everything in, I don’t know how much that would delay the signing of the contract, maybe a month.  Selectman Patton commented there is no reason why we can’t have all the information by the next meeting and hold the Public Hearing by the end of the month and if all goes well sign the contracts.  Selectman Patton commented some of these issues with the BOF could have been avoided if you did what you said you would, you didn’t send me the letter and I finally talk to the attorney then after the BOF meeting you said I went behind your back and talked to the attorney.  First Selectman Eldredge commented Duncan Forsyth was away for a week.  Selectman Patton commented he talked to Rich Roberts.  First Selectman Eldredge commented he tried to get hold of Duncan who we had been dealing with and he was away.   If I had got hold of him I certainly would have told him to call you.  Selectman Lewis commented we have a team of 3 attorneys.  First Selectman Eldredge commented Duncan was the one handling all this.  Selectman Lewis commented he was gone and we have backup.  We have 3 e-mails from 2 different attorneys verifying that this is the process.  Selectman Patton asked why do we have 3 different e-mails that say the same thing?  Did you go back and get an opinion every time you got something you didn’t like?  Go back and say give it to me again.  First Selectman Eldredge commented no, they kept sending their opinion; they would talk about it and send their opinion.  Selectman Patton commented you didn’t call them and say I don’t agree with this opinion can you look at it again?  You didn’t talk to them after you got an opinion and say I don’t agree with this opinion you have to look at it again?  First Selectman Eldredge commented no I did not.  I got the opinion when we presented to the BOF that was Duncan’s opinion of how we should handle it at that time.  Selectman Lewis commented we will have a better idea when we see the billings.  Selectman Patton commented then we have the 3rd memo today, which refers to additional conversations and says the same thing as the 2 previous memos.  Neither Jack nor I talked to either attorney today.  How many memos do we need to get to say same thing?  First Selectman Eldredge commented I got the memo from the 31st when I came back to work today.  We will do one Public Hearing to discuss everything and then we as a Board can enter into or not enter into a contract.  Selectman Patton commented that’s fine but I want to know how we deal with this as far as going back to the well every time you get an opinion you don’t like.  I think that’s exactly what you did, they came back with an opinion that disagreed with yours, you asked for it, they gave another opinion that disagreed with yours and then you asked for it again.  Now you have 2 of them dealing with this; there has to be some sort of break in this and that is why I sent an e-mail today to everyone saying I am done with this horse that is beaten to death with this issue.  I am getting memos every other day that say the same thing and I couldn’t understand why I have to pay a town attorney to tell me the same thing every time.  First Selectman Eldredge commented the opinion I got is the one I went with to the BOF.  Selectman Patton commented we never got that opinion.  First Selectman Eldredge commented it was how to present this to the BOF.  You would have got a copy of the letter I sent to the BOF.  Selectman Patton commented I got it after you sent it to the BOF.  It would not have done me any good if I had any issues with the letter, which was the whole purpose of you sending me the letter before, you didn’t do that.  First Selectman Eldredge commented it went into your folder as soon as I generated the letter; yes I coordinated it with Duncan that this is the way it should be done.  He agreed this is the way it should be done.  Selectman Patton commented we didn’t get the letter saying this is the way it should be done.  First Selectman Eldredge commented I coordinated that with Duncan before I went
REGULAR MEETING                                          -6-                                                                 June 5, 2006

to the BOF.  Selectman Patton commented you agreed to give me the letter before you sent it to the BOF because I disagreed with what you were explaining at the last meeting.  You didn’t do what you said you would do and then it caused issues with the BOF and expense because you keep going back to the attorney because you don’t get the answer you want.  First Selectman Eldredge commented it was after they talked to you that they wrote the 2nd opinion letter.  Selectman Patton commented he talked to Rich Roberts once.  First Selectman Eldredge asked did you talk to Duncan Forsyth?  Selectman Patton commented he had a very short conversation with him.  First Selectman Eldredge commented they wrote this on 5/31, I just came back to work today, I was not here on 5/31.  The first time I saw this opinion letter was today.  Selectman Patton asked you never heard about it or anything?  First Selectman Eldredge commented no I did not it was totally different than what Duncan & I had decided.  Selectman Patton asked you never heard about this memo, never knew anything about it until this morning.  First Selectman Eldredge asked the secretary when did I get the letter?  The secretary commented I did talk to you about it Thursday or Friday when I asked if the Town Meeting would be on the agenda for tonight’s meeting.  First Selectman Eldredge commented yes you read it to me over the phone, this is the first I saw it.  Selectman Patton commented you did hear about it.  First Selectman Eldredge commented Mary read it to me over the phone and reading this over the phone we couldn’t understand what it was saying.  Selectman Patton commented it says the same thing the first memo says.  First Selectman Eldredge commented this is the first time I got it today.  Selectman Lewis commented there was one before this from Rich Roberts.  They all say the same thing.  Selectman Patton commented that was May 24th and says a Town Meeting is not required.  First Selectman Eldredge commented he got that one.  Selectman Patton commented that and the June 5th memo say a Town Meeting is not required.  First Selectman Eldredge commented I did get the 24th memo but they on their own concurred and developed the May 31st memo, which I did not get until today.  Selectman Patton commented but you heard about it.  My question is we paid for one, which they gave us.  First Selectman Eldredge commented he didn’t ask them for something different.  Selectman Patton asked you never did?  First Selectman Eldredge commented no I did not, they came back in concurrence.  When I saw the memo on the 24th I thought the whole issue was settled.  Selectman Patton asked why are we paying to produce all these memos? It makes no sense to me.  No body asked them for these additional memos, why would we pay them.  First Selectman Eldredge commented he did not ask them for the additional memos.  When I got the 24th one I thought they were agreeing we should go to Town Meeting.  Selectman Patton read from the memo of the 24th “on further review I agree that a Town Meeting is not required”.  First Selectman Eldredge asked to see the 24th memo because when I read it; I assumed they were still in agreement to bring it to Town Meeting.  The 31st memo was after that one, I thought he was still agreeing with me here.  Selectman Lewis asked Selectman Patton didn’t the attorney tell you Mike called him?  Selectman Patton said no.  Selectman Patton asked did you talk to the attorney when you were out sick?  First Selectman Eldredge commented no, I don’t believe I did, I am pretty sure.  Selectman Patton commented I question why we have all these memos that nobody requested.  First Selectman Eldredge commented the 31st. memo they generated themselves.  Because I thought the 24th memo they were still in agreement with me.  So we are going to call a Public Hearing, are we in agreement on that?  Selectman Lewis commented the Business Manager is going to get all the information, the Public Works, the Fire Dept. and leasing company and present it to us at our next meeting then we call a Public Hearing.  Selectman Patton asked the secretary to send e-mail to the Lynn Brown and the rest of the members of the BOF explaining what we are doing.  Selectman Lewis commented we have 3 memos from the attorney saying the Town Meeting is definitely no go, Public Hearing is.  This is what we told the BOF that night.  Selectman Patton commented he was told he was wrong.  First Selectman Eldredge commented I am sure you were because in my opinion this was what was required to do because I had coordinated it with the town attorney and at that time he was telling me yes go to Town Meeting. Selectman Lewis commented he is concerned about running out of money for the attorneys.  We did go back for more money for attorney fees and I am concerned.  


REGULAR MEETING                                          -7-                                                                 June 5, 2006

SELECTMAN PATTON MOVED TO ADD FIRE HOUSE ROOF REPLACEMENT TO THE AGENDA.
First Selectman Eldredge seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

TAX REFUNDS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $210.87 TO GMAC.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $181.88 TO VW CREDIT LEASING LTD.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

LOCAL DISASTER EMERGENCY ORDINANCE

Declaration of local disaster emergency – Authority

The chief executive officer of the municipality is authorized to declare a local disaster emergency in accordance with the terms of Conn. Gen. Stat. sections 28-8(a) and 28-1(8).

Declaration of local disaster emergency – Effect

Upon the declaration of a local disaster emergency by the chief executive officer of the municipality the chief executive officer, or his designee, and the local emergency management director shall exercise all powers and authority granted to the municipality and/or its chief executive officer under Title 28 of the Connecticut General Statutes.

Activation of emergency operations center; determination of need for declaration of local disaster emergency.

In times of serious disaster or civil emergency, the chief executive officer of the municipality, or his designee, is authorized to activate the municipal emergency operations center.  The commanding officer of Connecticut State Police – Troop C, the chiefs of the Willington fire departments, the Director of the Eastern Highlands Health District, the emergency management director, or their designated representatives, shall assist the chief executive officer in evaluating the need for the declaration of a local disaster emergency.

Coordination with Area Coordinator.

In times of serious disaster or civil emergency, the chief executive officer of the municipality, or his designee, will coordinate his or her responsive activities with the appropriate Area Coordinator from the Connecticut Department of Emergency Management and Homeland Security.

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE THE LOCAL DISASTER EMERGENCY ORDINANCE AS READ.
Selectman Patton seconded the motion.
REGULAR MEETING                                          -8-                                                                 June 5, 2006

VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
Selectman Lewis commented the Fire Dept. people are very capable in an emergency; I have total faith in their abilities.  It is important to say this.

FIRE HOUSE ROOF REPLACEMENT
Selectman Patton commented the Fire House roof replacement was going to be paid out of LOCIP and due to a deed restriction it cannot be paid out of LOCIP.  He e-mailed everyone regarding this; in order to get around this issue we can use LOCIP for the drainage and use the general reserve funds for the firehouse roof.  He sent the e-mail to the BOS, BOF, the Business Manager, the Treasurer and the attorney.  The attorney agrees this is the way to go.  First Selectman Eldredge commented that he talked to Rich Roberts on this, if the property goes from the Fire Dept. to the Town, if something is attached to the deed, the Town would be able to sell that to recover their $125,000 investment.  Rich was going to give this some thought.  If there is nothing like that then the Fire House would maintain ownership, they would have the right to sell it.  It is a good point and it is one of the reasons for those stipulations under LOCIP that it could revert back to the Town and the Town could recover the $125,000.  Selectman Patton commented the Fire Dept. performs a municipal function and we can’t have a building that is in disrepair, we need to do something about it.  If for some reason they decide to get rid of the station, it would be more valuable with the roof repaired.  If they do sell it and the Hall Foundation exercises its right of first refusal they then transfer or trade the building for cash so their asset level is the same.  The Fire Dept. still has the same thing that they had before, a different asset, cash.  I assume they will take that cash and use it for some other Fire Dept. function or equipment.  I am not sure where we lose any thing.  First Selectman Eldredge commented Attorney Roberts told me today he is giving some thought to a restriction on the deed that it goes back to the Town and the Town can sell it to recover the $125,000 or he was considering a document that if they do abandon the building, if they do sell it they would reimburse the Town the $125,000.  Selectman Patton asked why?  First Selectman Eldredge asked why not, why would you not want to have the Town reimbursed $125,000.  Selectman Patton commented we have never done that before in any work we have done on the fire stations.  They get about ½ million dollars a year, why do we want to go through this and why are we again paying our attorney to think about how we are going to do this when there is a very simple process; just repair the building, why do we need to get the attorney involved again and have him beat this horse to death.  First Selectman Eldredge commented the same reason we got the attorney involved and asked the question can you use LOCIP funding on a building that does not belong to the Town.  Selectman Patton commented okay you got the answer and the attorney now says you can do it this way, it is pretty simple.  We do not have to revise the deed, spending the money on that.  Selectman Patton asked Stuart Cobb do you guys have any plans to sell the station?  Stuart commented no.  Selectman Patton commented that’s a dead issue.  First Selectman Eldredge asked why don’t you wait to see what Attorney Roberts comes up with?  Selectman Patton commented because I don’t want to spend any more money for an attorney, we don’t need to spend any more money for the attorney, we keep going to the attorney for everything.  Our attorneys are negotiating with vendors, can we have any thought without going to the town attorney?   First Selectman Eldredge asked what is wrong with the Town recuperating $125,000?  Selectman Patton commented we never did that before, why don’t we put a deed restriction on everything because we are giving them ½ million dollars a year to perform their function.  I don’t see any reason to spend more money to put another deed restriction on, for what, there is no reason.  We have a building that is performing a municipal function and is in disrepair and it needs to be fixed, it needs to be fixed now.  Selectman Lewis commented it needed to be fixed a long time ago actually.  Selectman Patton commented let’s do that instead of worrying about how we put road blocks in front of Willington 1 to fix their building, because that’s what I am getting a sense of.  First Selectman Eldredge commented I asked the question of the attorney, could we use LOCIP funds on a building that is not owned by the Town, we have in the past but it is still against CT State Statues so the simple approach was to put a deed

REGULAR MEETING                                          -9-                                                                 June 5, 2006

restriction that the property goes back to the Town.  Selectman Patton commented we can’t do that unless the Hall Foundation relinquishes their right of first refusal.  First Selectman Eldredge commented it has nothing to do with the Hall Foundation because if it goes back to anything else but a sale, if it reverted back to the Town all the Hall Foundation would have is first option to buy it from the Town.  Further discussion on this followed.  Stuart Cobb commented that the Willington #1 by-laws under IRS rules say we can’t just liquidate stuff and have a massive party or give the money away; it goes to a like organization, Willington Hill and or the Town.  First Selectman Eldredge commented that might cover it.  Stuart commented that has been there since 91.  Selectman Lewis commented isn’t this just moot, if you just switch pockets?  First Selectman Eldredge commented you could go for LOCIP funding if that is in their byelaws.  Selectman Lewis commented you just switch pockets, put the LOCIP towards the drainage and do the roof from the general reserve.  Selectman Patton commented we have to go to Town Meeting any way.  It is not going to take any more time, we don’t have to spend a lot of money on attorney’s fees and the job is done.  First Selectman Eldredge commented it is a moot subject if it is in their byelaws.  Selectman Patton commented you are talking about probably another $600 in attorney fees, could be more by the time it is researched.  The byelaws show what happens to the assets if Willington 1 ceases to exist; the assets go to fire protection function.  We can just switch pockets, we don’t have to worry about what the State says, the job gets done, we have to go to a Town Meeting anyway and we can keep the attorneys out of it.  Stuart commented that this is timely; you don’t want to be doing the roof late in the year.
SELECTMAN PATTON MOVED THAT WE INSTRUCT THE BUSINESS MANAGER TO CREATE MOTIONS FOR THE BOARD OF FINANCE TO UNENCUMBER FUNDS FROM THE GENERAL RESERVE, $125,000, FOR USE OF THE DRAINAGE PROJECT FOR SENIOR HOUSING; TO ENCUMBER $125,000 IN LOCIP FUNDS FOR USE OF THE DRAINAGE PROJECT FOR SENIOR HOUSING AND THEN TO ASK FOR AN APPROPRIATION OF $125,000 FROM GENERAL RESERVE FOR THE FIRE DEPARTMENT ROOF REPLACEMENT PROJECT.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
   
GOOD & WELFARE
Selectman Lewis commented on the Willington Fire Departments work at the Ridgewood Heights fire.  All the fire departments worked great together.  It is a good feeling to realize we have people as dedicated as our volunteers.

SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 8:35 P.M.
Selectman Lewis 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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