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BOARD OF SELECTMEN 11-6-06
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                                                                                                           NOV. 6, 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 10/16/06
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 10/19/06
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 10/24/06
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 10/26/06
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 10/3006
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON& LEWIS)    0  NO

SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 11/2/06
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 asked the Board if they looked over the bid package for the equipment.  They did and everything is fine.  Lynn commented that the equipment has been moved to the Transfer Station for viewing.  The guardrails were
REGULAR MEETING                                           -2-                                                                NOV. 6, 2006
put in last week, they have been grading roads and putting stop signs in.  First Selectman Eldredge asked was sand delivered?  Lynn commented some came in last week and more is coming in this week.  

SELECTMAN PATTON MOVED TO ADD EXECUTIVE SESSION FOR PERSONNEL ISSUES TO THE AGENDA.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

POLICY ON USE OF MUNICIPAL FACILITIES
First Selectman Eldredge commented we had the town attorney come back with his opinion how we should be handling these things and basically his opinion was that when someone uses the facility we are going to ask for an insurance policy and we are also going to ask for a hold harmless agreement to the Town.  He is in the process of revising the policies for the Town Hall, the Library and the Senior Center.  He came up with 3 different hold harmless agreements.  Basically in his opinion he also said for civic organizations who don’t have insurance and need to use the facility, we can do that but we ask them to sign a waiver holding the Town harmless for any liability.  So we can do that based on our own decision.  Selectman Lewis asked what is he calling a civic organization?  First Selectman Eldredge commented for instance the VFW or Garden Club, that don’t have insurance.  Discussion on what a civic organization is followed.  Selectman Lewis commented if there is some other way of wording that, than civic organization, it would be better.  First Selectman Eldredge commented it is my understanding that you could have an organization use it just have them sign the hold harmless agreement, that is basically all that’s required.  Selectman Patton commented it is a standard of language, if you do something and you hold us harmless it is certainly less burdensome.  Just to make it simple without saying what is civic, what is private, have people sign the hold harmless agreement and be done with it.  We have been doing this for how long, we do have insurance that is going to protect us.  First Selectman Eldredge asked are you saying we don’t want to go by his recommendations, we have this agreement.  Selectman Lewis commented this came before the Board years ago when the Czechoslovakian Club could not have a dinner because of this whole type of thing happening.  At that time the Board decided to allow groups to use different facilities.  The Czechoslovakian Club is not a civic organization but they are probably one of the hardest working groups of people in this Town, they were a large portion of the people that built this Town.  We need to be able to say you can use the hold harmless agreement and allow them to use the facilities without it being burdensome.  First Selectman Eldredge commented this was basically the attorney’s recommendation, 3 different agreements.  Basically that’s his recommendations, provide a certificate of insurance naming the Town and everything and also signing the hold harmless agreement but for organizations that don’t have insurance then we could go with the hold harmless agreement.  That seems reasonable to me, it will allow us to do that for different people.  Selectman Lewis commented people are paying for all these buildings let them use them.    This has been on going for a long time it is about time we did something to straighten it out.  First Selectman Eldredge commented he has 3 different things there, his recommendations along with his memo.  Selectman Patton commented I am of the opinion let them sign the hold harmless agreement.  First Selectman Eldredge asked and not require insurance and stuff?  Selectman Patton asked how many times are you going to require it?
All we are doing is allowing them to meet there or hold a function we don’t charge them.  After reading the attorney’s letter, even if we are not charging anything we do have immunity, although we would have to go to court to defend it.  First Selectman Eldredge commented basically it also mentions the Town might prevail but it is also for our insurance carrier that we have them sign.  Selectman Patton commented I understand that but I can’t remember when we have had an issue.  First Selectman Eldredge commented no but I would feel more
comfortable going by the advice of our attorney, it allows every different kind of organization to use it, if they have insurance and if they don’t.  Selectman Patton commented this would allow that.  First Selectman Eldredge commented right, without the insurance requirements.  Selectman Patton commented you take an attorney’s opinion, you look at it and take a point you use, it is not the end all be all.  Attorneys are not the
REGULAR MEETING                                           -3-                                                                NOV. 6, 2006
elected officials of the Town.  They are smart people but you still have to look at that and figure out what makes the most sense.  We can let people use the buildings, that’s what they are there for.  This is becoming so burdensome that we need to change it.  Have them sign a hold harmless agreement, have them use it.  For the amount of times that this is going to be an issue, it is not going to affect our insurance rates.  First Selectman Eldredge commented that would be one question I have because I got the distinct feeling that if you didn’t ask for insurance and the hold harmless agreement our carriers would not approve of that.  Selectman Patton commented all the carriers can say is we are not going to cover you, they cover us right now.  That will be a business decision that they will have to make.  They do cover us right now, if later on they say we are not going to cover you any more because of this we will revisit it.  They are covering us so if anything does happen we submit it to the insurance company, just like anything else that happens around here.  Most people just want a place to meet to do whatever they are trying to do.  Let them meet without making a fuss about it.  If you are a taxpayer of the Town of Willington let them use the building.  Selectman Lewis commented exactly.  First Selectman Eldredge commented then these would have to be changed.  I really think we should stay with what the attorney recommends I don’t think this imposes any great difficulty on the people, it is basically what we have been asking for but now with the idea that we can allow an organization without insurance, based on our judgment, with just the hold harmless agreement.  I think we should really stay with what the attorney recommends, basically he is recommending that for the protection of the Town.  Selectman Patton commented I certainly understand where he is coming from, if I was in his position I would say the same thing, his job is to protect the interest of the Town.  Selectman Lewis asked who is going to sign for the organization?  They must sign for all the members, nobody would take that responsibility.  Selectman Patton commented somebody has to take responsibility.  First Selectman Eldredge commented John is saying just do the hold harmless agreement never mind the insurance requirements.  Selectman Patton commented somebody has to be in charge for the organization, if something goes wrong you have to go back to that person.  They, for whatever reason, took charge and said we want to do this.  If there is some damage there you have to go back to them and say you are responsible.  Unfortunately that’s the way life is, everybody who takes a leadership position, maybe they don’t realize it, but that’s what happens, unless you start talking about directors insurance.  First Selectman Eldredge commented like the senior center.  Selectman Patton commented most people have some sort of homeowners insurance that covers those things.  First Selectman Eldredge commented only if it specifically covers not just your property at home, if it is transferable.  Selectman Patton commented there is a little bit of a general liability.  First Selectman Eldredge commented you want to go away from the actual policy we have in effect and just use the hold harmless agreement.  Selectman Patton commented if there are certain use restrictions, as far as time, etc., additional requirements, have somebody be responsible, let them sign for it.  I think there would be immunity since we don’t charge for it.  The insurance company would still have to defend it but the amount of times it is going to happen we can live with it.  The objective of the insurance company and the attorney is one thing.  Our objective has to be a little bit broader.  First Selectman Eldredge commented my own personal feeling would be to follow the advice of the attorney.  We have always had the insurance requirements, this has come now, I would feel more comfortable staying with what the attorney recommends and for the reason he recommends it.  It doesn’t stop anyone from using it because basically if you don’t have insurance and you want to use it you just sign the hold harmless agreement, you wouldn’t need insurance.  That would be my recommendation.     We would have to go back and change the policy, not requiring insurance.  Selectman Patton commented it would require signing the hold harmless agreement.  If you are a taxpayer or resident of the Town and you want to use it you can.  Selectman Lewis commented I want to make sure everyone can use the buildings and agreed with signing the hold harmless agreement.  Selectman Patton commented the
attorney’s letter sums it up nicely, talking about meetings, “the Town’s exposure for allowing public groups to utilize the Town’s common facilities for free, or an extremely minimal expense, appears small.  That kind of
sums it up, there might be something but it appears to be small.  First Selectman Eldredge commented I think we should stay with what we have here.

REGULAR MEETING                                           -4                                                                NOV. 6, 2006
SELECTMAN PATTON MOVED THAT THE REQUIREMENT FOR RESIDENTS OR TAXPAYERS FOR USE OF THE TOWN FACILITIES BE THAT THEY SIGN A HOLD HARMLESS AGREEMENT FOR USE OF THE FACILITY AS WELL AS ANY OTHER RESTRICTIONS THAT GO ALONG WITH THE USE OF THE BUILDING, BUT THEY DO NOT HAVE TO PROVIDE INSURANCE.
Selectman Lewis seconded the motion.
VOTE:  2 YES  (PATTON & LEWIS)    1 NO (ELDREDGE)

APPOINTMENTS
FIRST SELECTMAN PATTON MOVED TO APPOINT ANN CILFONE AS AN ALTERNATE TO THE SOLID WASTE ADVISORY COMMISSION, TERM EFFECTIVE NOV. 7, 2006 TO NOV. 7, 2009.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

TAX REFUNDS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $308.23 TO CHASE MANHATTAN AUTO FINANCE CORP.
Selectman Patton seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $690.01 TO CHERI FIGUEROA.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO

GOOD & WELFARE  
Selectman Lewis commented Lynn did some work on the flags last week, I appreciate it.  Firsts Selectman Eldredge reminded everyone to vote tomorrow.
FIRST SELECTMAN ELDREDGE MOVED TO GO INTO EXECUTIVE SESSION AT 7:08 P.M. AND INVITE LYNN NICHOLLS.
Selectman Lewis seconded the motion.
VOTE:  3 YES (ELDREDGE, PATTON & LEWIS)    0  NO
Lynn came out of executive session at 7:20 P.M.

FIRST SELECTMAN ELDREDGE MOVED TO COME OUT OF EXECUTIVE SESSION AND ADJOURN THE MEETING AT 7:40 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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