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 DEC. 4, 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 11/20/06.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON& LEWIS) 0 NO
SELECTMAN LEWIS MOVED TO APPROVE THE MINUTES OF 11/27/06.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON& LEWIS) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE THE MINUTES OF 11/30/06.
Selectman Patton seconded the motion.
VOTE: 2 YES (ELDREDGE & PATTON) 1 ABSTAIN (LEWIS) 0 NO
PRESENT TO SPEAK
W. Gangaway commented a few years ago the result of a transportation meeting was the Town should consider some form of transportation when Senior Housing was built. The Board should start thinking about it now. Wilbur commented he has the information on that meeting. First Selectman Eldredge asked Wilbur for a copy of the information. Bob Wiecenski asked is the Town considering raising the veteran’s exemption? First Selectman Eldredge asked is there a state mandate on that? Selectman Patton commented yes. First Selectman Eldredge commented he will talk to the Assessor about it. Bob commented how can we boost it; we have a reserve of money. Selectman Lewis commented I am a veteran but we must consider what it will do to the tax structure and the mil rate.
Wilbur reported that 22 care packages for the troops were sent, 17 male and 5 female.
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.
PUBLIC WORKS
Lynn commented the minutes of 11/27 had a thank you from her to the Fire Dept. That was for their help with the tree on the Town Green and keeping an eye on the Transfer Station. Lynn commented we are geared up for the storm that did not happen. The compactor went down this weekend. First Selectman Eldredge asked
what happen? Lynn commented it was the 3-phase converter; maybe Friday’s storm did something. Discussion on the compactor motor followed. Lynn commented she wants to do potholes and get sand to the seniors. Selectman Lewis commented about the drainage on the side of some roads. Lynn commented we are edging them back and digging them out. Lynn commented she would like to put a snow fence on Village Hill Road for drifts. She wants to concentrate on the bad spots before winter.
REGULAR MEETING -2- DEC. 4, 2006
SELECTMAN PATTON MOVED TO ADD FACILITY USE AGREEMENT TO THE AGENDA.
Selectman Lewis seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
Selectman Patton commented at the last meeting I was asked to make changes on the Hold Harmless Agreement. I called it the Facility Use Agreement. The biggest fear was if someone fell the person who signed it would be responsible. We want people to use these facilities. Most of the changes were in paragraph 4. They are still responsible for any cost that would incur for their use of the facility by any act of omission or negligence. They are responsible if they are negligent or they do something wrong. We would give a key if there is no Town responsible party there. If people use the building during normal operating hours you would not have to sign this agreement. You would have to sign it only if you are given a key, accepting the key gives responsibility. We
have use requirements that tell people what is permitted and go with the agreement. If you bring in equipment you are responsible for the equipment. Discussion on this followed. First Selectman Eldredge commented I want to show this to the attorney and get his opinion before we vote to accept it. Selectman Lewis commented I think we should accept it first and then have the attorney look at it; we can revisit it if he has changes. Wilbur Gangaway commented the Senior Center is in the middle, if you have this you subject the seniors to a lawsuit. Discussion on the type of insurance the seniors have and the possibility of a lawsuit followed. Wilbur asked do we have any research on what other Towns do? Selectman Patton commented I have been told that you just call and book it. I don’t think they give you a key. Selectman Patton commented I can see an organization giving a presentation and inviting the public, you are not
having a meeting. Are they going to have insurance for that, probably not. Do they want to be responsible for everybody who shows up if something happens to them, no. These organizations benefit the townspeople, you have to weigh all that – the risks that are involved vs. the benefit. We have to weigh that and given our history of thankfully never having to face someone getting hurt and suing the Town, we have insurance to cover us. If there is a fear, people do not want to use the buildings because of the fear of that unknown liability I would rather err on the side of letting them use them and have the Town take that risk. Selectman Lewis commented considering that everything about the building is paid for by the taxpayers and the insurance is there for that liability, this just creates a little bit of responsibility but the Town has the insurance coverage. Wilbur commented what happens if you are sued, the rates go up and the
taxpayers pay for the attorney. You will not get too much static until something happens. Mike Makuch commented the reality is that if someone decides to sue they are going to sue the tenant and the Town. Further discussion on this followed. First Selectman Eldredge commented you have limited exposure but we do need some kind of use agreement. I would like to have the attorney look at it. Selectman Lewis commented I would like to pass it and then run it by the attorney; if they come back with something we can look at it again. You sign this when you get a key, you do not sign it if you do not get a key.
FACILITY USE AGREEMENT
This Agreement is made this ____ day of _____________, 200__, by and
between _____________________________ (the “Tenant”) and the Willington Public
Library Board (“WPLB”).
WHEREAS the Tenant wishes to make use of _________________________, a
facility owned by the WPLB (the “facility”); and
WHEREAS the Tenant and WPLB recognize that there is a certain amount of
liability and risk inherent in the use of such a facility.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it
is AGREED:
1. Tenant and WPLB agree that Tenant may enter and use the facility on
__________________ from the hours of ________ to ___________ solely for the
purpose of _______________________________________.
2. Tenant has read and agrees to the Use Requirements attached to this agreement.
REGULAR MEETING -3- DEC. 4, 2006
3. Tenant shall commit no waste nor suffer the same to be committed thereon, nor
injure nor misuse the facility.
4. Tenant covenants, at Tenant’s sole cost and expense, to defend and indemnify
the WPLB against, any and all loss, cost, liability and expense of any nature whatsoever
(including reasonable attorneys fees) that may arise during the period which the Tenant
uses the facility on account of, or arising out of, (a) Tenant's use of the facility, (b) any
act, omission or negligence of Tenant or Tenant’s agents, employees, contractors,
movers, servants, or the like, (c) any accident, injury or damage to property or the
facility, or (d) Tenant’s default under this agreement.
5. Tenant agrees that all property of any kind owned by or in the possession, use,
care, custody, or control of Tenant and brought to the facility, may remain at the facility
during the time set forth above at the sole risk and hazard of the Tenant and Tenant
waives all rights of action of any sort for damage to any said property, however such
damage may arise, and from whatever manner or cause.
6. This agreement shall inure to the benefit of and be binding upon all parties
hereto, their heirs, successors and assigns.
WILLINGTON PUBLIC LIBRARY BOARD TENANT____________________
By __________________________________ By
Duly Authorized Duly Authorized
SELECTMAN LEWIS MOVED THAT THE FACILITY USE AGREEMENT REPLACE THE HOLD HARMLESS AGREEMENT, WITH THE EXCEPTION OF THE USE OF THE SENIOR CENTER, AND THAT IT BE USED OUTSIDE OF NORMAL OPERATING HOURS.
Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & LEWIS) 1 ABSTAIN (ELDREDGE) 0 NO
Lynn asked what about the Town Green and River Road Recreation? Selectman Patton commented that is different from having a meeting.
APPOINTMENTS
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT RICHARD MALONEY AS A REGULAR MEMBER OF THE ZONING BOARD OF APPEALS, TERM EFFECTIVE 12/31/06 TO 12/31/2011.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO RE-APPOINT JOHN RUP AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS, TERM EFFECTIVE 12/31/06 TO 12/31/2011.
Selectman Lewis seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
2007 HOLIDAYS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE THE 2007 LIST OF HOLIDAYS
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
THE TOWN OFFICE BUILDING WILL BE CLOSED IN OBSERVANCE OF THE FOLLOWING HOLIDAYS FOR THE YEAR 2007
REGULAR MEETING -4- DEC. 4, 2006
HOLIDAY DAY CLOSED
NEW YEAR’S DAY JANUARY 1, 2007
MARTIN LUTHER KING, JR. DAY JANUARY 15, 2007
PRESIDENTS’ DAY FEBRUARY 19, 2007
GOOD FRIDAY APRIL 6, 2007
MEMORIAL DAY MAY 28, 2007
INDEPENDENCE DAY JULY 4, 2007
LABOR DAY SEPTEMBER 3, 2007
COLUMBUS DAY OCTOBER 8, 2007
VETERAN’S DAY NOVEMBER 12, 2007
THANKSGIVING DAY NOVEMBER 22, 2007
DAY AFTER THANKSGIVING NOVEMBER 23, 2007
CHRISTMAS DAY DECEMBER 25, 2007
TAX REFUNDS
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $249.49 TO FMCC – DEPT. 231601 PERSONAL PROP TAX.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $261.74 TO ALLEN PATNODE.
Selectman Lewis seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE A TAX REFUND OF $320.66 TO J T FARMS LLC
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
SET DATE FOR TOWN MEETING
FIRST SELECTMAN ELDREDGE MOVED TO SET DEC. 12, 2006 AT 7:00 P.M. AT THE TOWN HALL FOR A TOWN MEETING FOR THE FOLLOWING:
ITEM I
TO SEE IF THE TOWNSPEOPLE, ON THE RECOMMENDATION OF THE BOARD OF FINANCE, WILL AUTHORIZE THE APPROPRIATION OF $95,000 FROM THE GENERAL FUND BALANCE AND $130,000 FROM THE CAPITAL RESERVE FUND FOR THE DESIGN AND CONSTRUCTION
REGULAR MEETING -5- DEC. 4, 2006
OF THE SENIOR HOUSING WATER SYSTEM PROJECT. THESE APPROPRIATIONS WILL BRING THE TOTAL APPROPRIATIONS TO $814,000 FOR THIS PROJECT FROM ALL SOURCES.
Selectman Patton seconded the motion.
VOTE: 3 YES (ELDREDGE, PATTON & LEWIS) 0 NO
GOOD & WELFARE - None
SELECTMAN PATTON MOVED TO ADJOURN THE MEETING AT 7:22 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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