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BOARD OF SELECTMEN 8-21-06

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                                                                                                           AUG. 21, 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, K. Acimovic and residents.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 8/7/06 WITH THE FOLLOWING CORRECTION:  PAGE 2, OLD BUSINESS: SELECTMAN LEWIS COMMENTED THAT THE BUILDING COMMITTEE SHOULD BE A PERMANENT BUILDING COMMITTEE.   
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

PRESENT TO SPEAK
Ed Pelletier, Datum Engineering & Surveying, along with Ralph Phillips and Attorney Czepiga of Lechowiez Farm Estates, were present to discuss Mihaliak Road Extension and the conditions, for safe passage of emergency vehicles, imposed upon the subdivision approval by PZC.  They are willing to pay $35,000 for 620’ of improvements.  Karl Acimovic, Town Engineer, has estimated the cost of the entire road at $53,000.  Discussion on this followed.  First Selectman Eldredge commented Susan Yorgensen said the PZC conditions applied to the entire road.  Ed Pelletier commented they were told the Board of Selectmen could grant a fee in lieu of them doing the road and get a contractor to take care of it.  Discussion on this followed.  The big issue is what the design of the road is, once that is settled the cost will follow.  M. Ellis, Chair of PZC was also present and will try to have a special PZC meeting to discuss this further.

Christine Psathas commented she would like to thank Lynn and the road crew for taking care of the Town Hall today.  Also, there is a tree on the Town Green that needs to come down.  Lynn will look into this.  

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

PUBLIC WORKS
Lynn commented she got 3 proposals for fixing the roof of the salt shed.  There is $7,000 in CIP per year for repairs.  Linden Tree will be back in Town the next 2 days for more storm clean up; Public Works part of the clean up is done.  Public Works is cleaning culverts and grading roads, they will patch roads and get big paving done before chip sealing. The catch basins are all cleaned.  Michalec Road is bad and will have to be done.  Lynn commented we have money put aside for road reconstruction; we should look at this next year.  Selectman
Lewis commented lots of roads have the same problem, the road above the property.  Lynn commented Moose Meadow Road catch basins are 2” above the road.  Selectman Patton commented as a follow up to our meeting with the union I am making the following motion.

REGULAR MEETING                                          -2-                                                                 AUG. 21, 2006

SELECTMAN PATTON MOVED DUE TO THE CONTINUOUS MORALE ISSUES IDENTIFIED BY THE TOWN EMPLOYEES WITHIN THE WILLINGTON PUBLIC WORKS DEPARTMENT AND DUE TO THE PERCEIVED POTENTIAL CONFLICTS WITHIN THE CURRENT MANAGEMENT OF THE TOWN. I MAKE A MOTION THAT THE PUBLIC WORKS DEPARTMENT REPORT DIRECTLY TO THE BOARD OF SELECTMEN.
TO ACHIEVE THIS:
1.      THE BOARD OF SELECTMEN WILL PROVIDE DAY-TO-DAY GUIDANCE TO THE PUBLIC WORKS DEPARTMENT EXCEPT IN CASES OF EMERGENCY WHERE THE FIRST SELECTMEN WILL PROVIDE DIRECTION IF REQUIRED OR ANOTHER SELECTMEN IF HE IS NOT AVAILABLE. THE PUBLIC WORKS SUPERVISOR WILL CONSULT DIRECTLY WITH THE BOARD ON ALL MATTERS RELATING TO THE DEPARTMENT AND WILL CARRY OUT DECISIONS MADE BY THE BOARD OF SELECTMEN ONLY.
2.      ALL BILLS WILL BE APPROVED BY THE BOARD OF SELECTMEN PRIOR TO SUBMISSION FOR PAYMENT.
3.      ALL TIME CARDS WILL BE SUBMITTED TO THE BOARD OF SELECTMEN FOR APPROVAL.
4.      THE PUBLIC WORKS SUPERVISOR WILL SUBMIT ALL PURCHASE ORDERS TO THE BOARD OF SELECTMEN FOR APPROVAL.
5.      PERSONNEL ISSUES, INCLUDING VACATION AND PERSONAL DAY REQUESTS, WILL BE REPORTED DIRECTLY TO THE BOARD OF SELECTMEN FOR THEIR CONSIDERATION AND JUDGMENT.
THE BOARD OF SELECTMEN WILL NEED TO MEET ON A REGULAR, ALMOST DAILY, BASIS TO PERFORM THIS TASK.
Selectman Lewis seconded the motion.
First Selectman Eldredge commented we are meeting on August 31st at 5:00 PM with the attorney; I would like to meet with him first before we pass this motion.  Selectman Patton commented I do not know what we need to discuss with the attorney, this is not a legal issue, it has to do with morale.  First Selectman Eldredge commented there are some legal issues; I would ask that you hold off on this motion until we meet with the attorney.  Selectman Lewis commented to meet every day will be a pain but to a certain degree you Mike have a family conflict and so does John, I can’t take it due to work, perception of a conflict is there.  I like the idea of the Board of Selectmen doing this together, it is a good way to do this.  First Selectman Eldredge commented he believes there are CT State Statutes involved with this position that we really need to discuss with the labor attorney.  I am asking that you hold off on the motion until we meet with the attorney; if he is in concurrence and it is not in violation of State Statutes then we can do it.  Selectman Patton commented there is nothing in here that State Statutes addresses.  Typically the day to day administration has been done by the First Selectman because it makes sense, the Board doesn’t want to deal with the day to day but it is the Board’s prerogative to take a more active role; ultimately the Board does superintend the concerns of the Town, they sign the paychecks and the bills and approve them.  There are continuous problems now; you just can’t fall back on what we have always done.  The morale issue has been on going for more than 2 years.  First Selectman Eldredge
commented lets discuss it with the attorney first, his earliest date is 8/31/06 at 5:00 PM and I scheduled that.  We can sit down in executive session and discuss these things and what is within CT State Statute.  Selectman Lewis commented it is not executive session, we are not talking about people, we are talking about procedures and policy.  Selectman Patton commented he did e-mail this to the Board and the attorney.  The Board needs to operate with one voice and it appears the only way to do that is if we all meet and make decisions.  The Board cannot supersede State Statutes but I do not remember seeing anything about how the Board relates with Town
REGULAR MEETING                                          -3-                                                                 AUG. 21, 2006

employees.  First Selectman Eldredge commented I believe that to be true but all I’m saying is lets talk to the attorney before we make such a motion.  Selectman Lewis commented I am not crazy about doing this but I believe it is necessary; the problem has been going on too long and is getting too serious.  I have been approached by many members of Public Works; I think this is a good shot at a solution instead of letting things go on.  People are getting angry and working conditions are deteriorating we have good employees and I hate to see this happen.  Selectman Patton asked what would you consider a violation of State Statutes?  First Selectman Eldredge commented the authority that the CEO in Town has, I think the employees report to me and I have the authority to direct them; I think that is granted under CT State Statutes.  Discussion on this followed.
Selectman Patton commented you are saying the Board cannot provide day-to-day guidance to the Public Works Dept.  First Selectman Eldredge commented I think the direct relationship between the CEO of the Town and the employees is granted under CSS, that I have the right to direct them and actually I do not believe that the other Selectmen direct municipal employees, only the First Selectman.  Selectman Patton commented you are correct that I as a Selectman cannot direct employees.  As a Board, do you think the Board of Selectmen would have the ability to countermand a decision that you make as First Selectman?  First Selectman Eldredge commented I don’t think the Board can make a motion that could be in violation of CSS.  I want to talk to the attorney about what the chain of command is under CSS, what the delegation of authority is.  Selectman Patton asked do you think the Board has the authority to countermand a decision you make?  First Selectman Eldredge commented I’m not sure; I want to know what the CSS grants for chain of command.  Before we go down this road lets talk to the attorney.  Selectman Patton commented I am a little nervous that you are telling me the First Selectman outranks the Board of Selectmen.  First Selectman Eldredge commented that’s not what I’m saying, I am saying there are certain authorities granted to the First Selectman by CSS and I want to find what they are.  Selectman Patton commented they are very limited on what is granted to the First Selectman most of the statutory authority is granted to the Board of Selectmen.  First Selectman Eldredge commented I want to ask the attorney.  Discussion on how bills are processed and paid followed.  Selectman Patton commented the bills, time cards and day to day operations are part of the problem these are not ordinary times, you have a small department with a large problem.  We did not have these issues in the past.  Selectman Lewis read from the Selectmen’s Handbook “The selectmen shall superintend the concerns of the town.  From this short, but all-inclusive, statement derives the unique position of the board of selectmen in the CT towns which operate under the selectmen-town meeting form of government as provided by the general statutes.  The selectmen have certain legislative powers-they convene the town meeting; they make certain appointments which in consolidated towns and cities are made by the legislative body.  The selectmen are the principal administrative officials of the town-they build and maintain roads; they keep the town’s financial records; they administer the town’s welfare services; they appoint administrative boards and commissions.”  Selectman Lewis commented he could keep on going but everything here refers to the Board of Selectmen – they.  Selectman Patton commented if the attorney comes back and says something is wrong here we can change it.  First Selectman Eldredge asked why won’t you take the time to talk to the attorney?  Selectman Lewis commented because we have a serious problem with Public Works that will get worse if we don’t do something.  First Selectman Eldredge commented I don’t think it will get worse within the next few days.  Selectman Patton commented there are actually 2 issues here: 1 is the problem and 2 is my trust level with you is very low, you tell me things at a particular time that are good at that particular time later on they change.  You say we will meet with the attorney on the 31st but it could change to sometime in Sept.  I am comfortable with the duties of the Board and
what authority we have.  First Selectman Eldredge asked why suddenly would we change everything now that I’m in office from what you had done.  Selectman Patton commented because you have been in office for 3 years and we have an extreme problem with the Public Works Dept. to the point where we have had multiple meetings with the union asking for help.  First Selectman Eldredge commented all of those meetings, except for one, I didn’t attend.  I assure you I will not change the meeting of 8/31.  Selectman Patton commented we will try out what is here; if the attorney wants to make some changes to it we can discuss it.  First Selectman Eldredge commented lets find out what authority CSS grant me, the same authority that you were granted when you were in office.  Selectman Patton commented I was granted them because the Board, due to expediency issues, said go ahead and do this because it makes more sense to do it.  Now it doesn’t make sense to do it
REGULAR MEETING                                          -4-                                                                 AUG. 21, 2006

anymore because you are allowing large personnel issues to fester and become potential violent incidents between employees at Public Works.  You have known about this for a couple of years but you continue to ignore the situation.  First Selectman Eldredge commented no I haven’t ignored it and it hasn’t been a couple of years.  Selectman Patton commented I heard this from the employees a couple of years ago.  
SELECTMAN LEWIS MOVED TO BRING THE MOTION TO A VOTE.
Selectman Patton seconded the motion.
VOTE:  2 YES (PATTON & LEWIS)  1 NO (ELDREDGE
First Selectman Eldredge commented everything about Public Works is turned over to the Board of Selectmen and basically myself as the First Selectmen do not have the power to direct, sign bills, review the bills or anything like that.  Selectman Patton commented you approve and initial the bills but they will not be processes  
for payment until the whole Board looks at them.  First Selectman Eldredge commented isn’t that what we do now?  Selectman commented prior to submission to the Finance Dept. for payment they will be approved, right now you initial them so the Board will get them and they will approve them.  Discussion on how this would be done followed.  Selectman Patton commented we will have to meet almost every day.  First Selectman Eldredge commented I am not meeting every day gentlemen at 4:30 P.M. to discuss issues for the Town.  Selectman Patton commented you could call the meeting and attend or not attend, that’s up to you.  First Selectman Eldredge commented so you are going to have a Board meeting each day.  Selectman Patton commented that’s what we need to do; I’m not so happy about it either but I don’t see any other way.  First Selectman Eldredge commented why don’t we wait until we hear from the attorney.  Selectman Lewis commented there is a motion on the table.  
VOTE:  ON THE ORIGINAL MOTION.
2 YES (PATTON & LEWIS)  1 NO (ELDREDGE.

Selectman Lewis commented we will need to discuss the number of meetings and post them.  Lynn commented I welcome any help I can get.  Lynn asked what would it hurt for the 4 of us to sit down?  First Selectman Eldredge commented I have some real serious questions I want to ask the attorney first.     

WATER SYSTEM BUILDING COMMITTEE
Lynn asked will this committee be just for the water or a permanent committee?  Selectman Patton replied water only.  First Selectman Eldredge commented it will be called the Hall School Public Water Supply Committee and basically it will handle the public water going into Hall School and also the interconnection from the main to Hall School.  Selectman Lewis commented we need to go to the Town for a permanent committee but we need to research it.  The idea is that anything built in Town would go through the permanent committee; a permanent building committee could oversee the building projects.  Selectman Lewis commented due to time constraints I would rather not be on this committee.  One concern I have is that enough test holes be drilled on Rt. 32.  First Selectman Eldredge commented Karl will write the proposal for engineering and when that is awarded we will submit it to DPH.  There are 2 ways to test; it will be geological survey based on data or test holes.  Selectman Patton commented if it is over we would have to go back to the Board of Finance, we can’t go
forward unless we are confident we can do it.  First Selectman Eldredge commented Cam Walden will most likely be the liaison.   
SELECTMAN PATTON MOVED THAT THE FOLLOWING BE APPOINTED TO THE HALL SCHOOL PUBLIC WATER SUPPLY COMMITTEE:  K. ACIMOVIC, DR. C. BERGLUND, K. BLESSING, M. ELDREDGE, B. KING, M. MAKUCH, J. PASSARDI, L. SEMPREBON, R. STRONG,
AND D. WOODWORTH OR DESIGNEE.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

Christine Psathas asked for a Birmingham Utilities update.  First Selectman Eldredge commented the last I heard they cut through the pilot and they are now starting back the other way with the finish fork to take the 12”
pipe.   
REGULAR MEETING                                          -5-                                                                 AUG. 21, 2006

APPOINTMENTS
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT KATHARINE BRODY TO THE MYSTIC COUNTRY/CONNECTICUT AS THE WILLINGTON REPRESENTATIVE.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPOINT JEAN LA FRAMBOISE TO THE McSWEENEY REGIONAL SENIOR CENTER BOARD OF DIRECTORS AS THE TOWN OF WILLINGTON REPRESENTATIVE AND APPOINT MARILYN PARIZEK TO THE McSWEENEY REGIONAL SENIOR CENTER BOARD OF DIRECTORS AS THE TOWN OF WILLINGTON SENIOR CENTER REPRESENTATIVE.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

RESOLUTION FOR HUD
FIRST SELECTMAN ELDREDGE MOVED THAT THE FOLLOWING RESOLUTION BE APPROVED:  RESOLVED:  THAT THE FIRST SELECTMAN BE, AND HE HEREBY IS, AUTHORIZED TO SIGN AND DELIVER THE ATTACHED LETTER TO THE DIRECTOR OF THE CONNECTICUT MULTIFAMILY PROGRAM CENTER WITH RESPECT TO ACCESS SENIOR HOUSING OF WILLINGTON, INC. HUD PROJECT, ACKNOWLEDGING THE TOWN’S COMMITMENT TO COMPLETE THE CONSTRUCTION OF A SEPTIC SYSTEM LEACH FIELD FOR THE ACCESS SENIOR HOUSING PROJECT.
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 $24.90 TO PATTI A. CARLSEN.
Selectman Lewis  seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $405.03 TO DCFS TRUST.
Selectman Patton seconded the motion.
REGULAR MEETING                                          -6-                                                                 AUG. 21, 2006

VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $17.01 MARTIN J. GRIMASON.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $111.65 TO RICHARD L. LONDON.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO



REGULAR MEETING                                          -6-                                                                 AUG. 21, 2006

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $5.99 TO WILLIAM F. MENZ, JR.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $7.47 TO KENT OR BEATRICE PARENT.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $12.81 TO MICHAEL RATHFON OR BARRY ILIOFF
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $70.42 TO SAAB LEASING CO.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $28.85 TO THOMAS YAU
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

GOOD & WELFARE  
First Selectman Eldredge commented that Bill Chapman is being deployed to Iraqi.  I would like to extend the Board’s help in any way to his family.  Selectman Lewis commented again I would like to say thank you for the display and maintenance on the Town Green, it is important.  Selectman Patton commented I wish Sgt. Major Chapman God speed, good luck and a safe return.

EXECUTIVE SESSION – Not held.

SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 8:16 P.M.
First Selectman Eldredge 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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