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BOARD OF SELECTMEN 7-17-06
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                                                                                                           JULY 17, 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 7/5/06.  
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

PRESENT TO SPEAK – No one.

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

PUBLIC WORKS
Lynn gave First Selectman Eldredge a new key for Public Works.  It is always locked now.  Lynn commented they are sweeping, mowing and doing GASB.  She will be getting bids to shim Village Hill Road, they should be finished sweeping in a week or two, they need to shim and sweep before chip sealing.  They are doing a lot of catch up.  They are short on time and help.  Selectman Lewis asked is the Town liable if we know there is a bad area on a road, especially if it has been there a long time, and someone breaks something?  Turnpike Road is very bad.  First Selectman Eldredge commented he will ask the town attorney.  Selectman Lewis asked First Selectman Eldredge if he heard from Jason?  First Selectman Eldredge replied no, as soon as I hear from him I will tell you gentlemen.  Selectman Patton commented I could try to contact him, it has been a month.  First Selectman Eldredge commented I will call him again.  Lynn commented Karl and I met with Henry Becker at the Senior Center Recreation Area, he will start clearing tomorrow.  The ad for the Hall School sidewalk bid is out.  Selectman Lewis asked about the trim at the Senior Center.  First Selectman Eldredge commented it is being taken care of.  

BIRMINGHAM UTILITIES CONTRACT
First Selectman Eldredge commented that the charge for the fire pump testing is $300.00 quarterly.  Selectman Patton commented how often does the other test for $750 have to be done.  This will be looked into but it should not hold up the contract.
FIRST SELECTMAN ELDREDGE MOVED THAT WE ENTER INTO THE WATER SYSTEM MANAGEMENT AGREEMENT WITH BIRMINGHAM H20 SERVICES INC.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

REGULAR MEETING                                            -2-                                                               JULY 17, 2006

RESOLUTION – LEASING
A different resolution is needed for the leasing company.                                                                                                                                                                              Resolution Number: 2006-01
                                                                                                                                 Equipment Schedule: 01
        RESOLUTION OF GOVERNING BODY

        At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the 17th day of JULY, 2006, the following resolution was introduced and adopted:

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

        WHEREAS, the governing body of TOWN OF WILLINGTON (“Lessee”) desires to obtain certain equipment (the “Equipment”) described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the “Lease”) with SunTrust Leasing Corporation, the form of which has been available for review by the governing body of Lessee prior to this meeting; and
        WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and
        WHEREAS, the funds made available under the Lease will be deposited with Crestar Bank (the “Escrow Agent”) pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the “Escrow Agreement”) and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and
        WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and
        WHEREAS, Lessee proposes to enter into the Lease with SunTrust Leasing Corporation and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting.
        NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS:
        Section 1.  It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the “Financing Documents”) in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment.
        Section 2.  The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved.  The FIRST SELECTMAN of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents.  The FIRST SELECTMAN of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same.
        Section 3.  The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or
cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents.
        Section 4.  Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”), Lessee hereby specifically designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.]
        The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.
FIRST SELECTMAN ELDREDGE MOVED THAT WE ACCEPT THIS RESOLUTION, NUMBER 2006-01, AS WRITTEN.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

SELECTMAN PATTON MOVED TO ADD HALL MEMORIAL SCHOOL WATER SYSTEM TO THE AGENDA.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
Selectman Patton asked was the letter sent asking for members for the Building Committee?  First Selectman Eldredge replied no, we need 2 committees; Dr. Berglund’s letter states that.  Selectman Patton commented the state only cares about the school; they can have one building committee handling 2 projects.  First Selectman Eldredge commented he disagrees, it must be 2 committees.  Discussion on this followed.  Selectman Patton will take to Dr. Berglund.  Selectman Lewis commented if you have 2 committees instead on one there is a bigger chance of getting things messed up.  Selectman Patton asked First Selectman Eldredge did you ask the town attorney what the state law considers the legislative body?  First Selectman Eldredge replied no.  Selectman Patton asked why didn’t you sent the letter any way?  First Selectman Eldredge commented the letter was for one committee.    

APPOINTMENTS
SELECTMAN PATTON MOVED TO RE-APPOINT WILBUR GANGAWAY AS A MEMBER OF THE HOUSING AUTHORITY, TERM EFFECTIVE 8-1-06 TO 8-1-11.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

GOOD & WELFARE
Selectman Patton commented looking through the attorney’s bills there is a bill for an adult entertainment ordinance, what was that?  First Selectman Eldredge commented it was probably a copy of the Enfield ordinance that was sent to him.  This will be looked into.  Selectman Patton commented at the June 5th Board meeting we talked about getting different opinions from the attorney you said you never talked to him.  The bill
shows 6/2/06 telephone with M. Eldredge and 6/5/06 multiple calls with M. Eldredge; the bill must be wrong.
First Selectman Eldredge commented I would have to review it.  Selectman Patton commented I questioned why we had to pay for 3 memos, you said you didn’t ask for different opinions.  First Selectman Eldredge will check the June 5th minutes.  A temporary hold was put on the bill.      


SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 7:17 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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