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BOS 4-7-08
Town of Willington
BOARD OF SELECTMEN • 40 OLD FARMS ROAD • WILLINGTON, CONNECTICUT 06279 • (860) 487-3100 • FAX (860) 487-3103



BOARD OF SELECTMEN



SPECIAL MEETING                                                                                                           APR. 7, 2008
TOWN OFFICE BUILDING                                                                                                5:00 P. M.

First Selectman Eldredge called the meeting to order at 5:00 P.M. with the following in attendance:  Selectmen Palmer & Charette, L. Nicholls, D. Hardie and D. Harding.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN PALMER MOVED TO APPROVE THE MINUTES OF 3/17/08.  
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

SELECTMAN CHARETTE MOVED TO APPROVE THE MINUTES OF 3/24/08.  
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

SELECTMAN PALMER MOVED TO APPROVE THE MINUTES OF 4/2/08.  
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

PRESENT TO SPEAK
Donna Hardie, Town Clerk, was present to request approval to file for the $7,000 State preservation grant
for organization and indexing.  There is $2,100 in her budget for this and she would take $140 out of the preservation fund, which is made up from her fees.  The total cost is $9,240.
FIRST SELECTMAN ELDREDGE MOVED TO AUTHORIZE DONNA HARDIE, TOWN CLERK, TO APPLY FOR A $7,000 STATE PRESERVATION GRANT FOR ORGANIZATION AND INDEXING.
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
CORRESPONDENCE
A list of correspondence was available at the meeting and in the Selectman’s office.

PUBLIC WORKS
Lynn commented Public Works is out of propane and the waste oil burner needs repair.  Discussion followed on whether to order propane or repair the waste oil burner.  It was decided to try to repair the burner since there is waste oil there to burn.  Lynn asked when the new stickers for the Transfer Station would go into effect.  They
SPECIAL MEETING                                            -2-                                                            APR. 7, 2008

will go into effect July 1, 2008.  The sticker program will be coordinated with John Sahi; notices will be put at the Transfer Station and on the Internet.  Lynn commented there is $7,000 in CIP for renovations at Public Works for a door and windows, there may be money left over for lights for the mezzanine.  Sweeping started today, last week some pot holes were filled and Marco Road was graded.  Discussion followed on different dirt roads; they are all taking a beating.  Lynn commented they are trying to stay on top of the phone calls.  Lynn and Karl Acimovic are working on a plan for the pit.  First Selectman Eldredge commented we need to know how many times Public Works went out so far this winter.  Lynn commented 28 times.  First Selectman Eldredge asked about the problem on Pinney Hill Road.  Lynn has talked to the people.  Discussion followed on chip sealing and asphalt, the price for the oil right now is $2.40 or better, last year it was $1.90.

SENIOR HOUSING TAX REBATE
First Selectman Eldredge commented different options were considered and the following was agreed on.
FIRST SELECTMAN ELDREDGE MOVED THAT THE FIRST SELECTMAN BE AUTHORIZED TO ENTER INTO A CONTRACT ON BEHALF OF THE TOWN OF WILLINGTON WITH ACCESS SENIOR HOUSING OF WILLINGTON, INC. SETTING FORTH THE TERMS OF A PARTIAL TAX ABATEMENT FOR PROPERTY LOCATED AT 60A OLD FARMS ROAD IN THE FOLLOWING PERCENTAGES:
Grand List Year                 Percentages
   10/31/07    11%
   10/31/08    9%
   10/31/09    7%
   10/31/10    5%
   10/31/011   3%
   10/31/12    1%
   10/31/13 - 10/31/47 1%
THE CONTRACT SHALL PROVIDE FOR THE TERMS OF SUCH ABATEMENT, THAT MONEYS EQUAL TO THE AMOUNT OF SUCH ABATEMENT SHALL BE USED FOR THE PURPOSE OF REDUCING RENTS BELOW THE LEVELS WHICH WOULD BE ACHIEVED IN THE ABSENCE OF SUCH ABATEMENT AND TO IMPROVE THE QUALITY AND DESIGN OF SUCH HOUSING FOR LOW INCOME PERSONS OR THEIR FAMILIES AND THAT SUCH ABATEMENT SHALL TERMINATE AT ANY TIME WHEN SAID PROPERTY IS NOT SOLELY USED FOR HOUSING OF LOW INCOME PERSONS OR FAMILIES.
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
Selectman Palmer commented the final step will be the contract.  First Selectman Eldredge replied yes.

ADOPT AFFIRMATIVE ACTION POLICY STATEMENT
FIRST SELECTMAN ELDREDGE MOVED TO ADOPT THE FOLLOWING AFFIRMATIVE ACTION POLICY STATEMENT.
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
AFFIRMATIVE ACTION POLICY STATEMENT

As First Selectman of the Town of Willington, I recognize the need for Affirmative Action and I pledge my commitment to undertake positive actions to overcome the present effects of past practices or barriers to equal employment opportunity and to achieve the full and fair participation of minorities, women, people with disabilities, older persons, and all other protected groups found to be underutilized in the Bantam’s work force
SPECIAL MEETING                                            -3-                                                            APR. 7, 2008

or affected by policies having an adverse impact.  In the spirit of Executive Order 11, signed by Governor Ella Grasso, November 21, 1975, and Executive Order 9, signed by Governor William A. O’Neill on January 3, 1984, I further state that this Town of Willington will comply with the anti-discrimination provisions of the State and Federal laws and regulations listed at the end of this section.

I recognize the hiring difficulties experienced by minorities, people with disabilities and by many older persons and, where appropriate, I have set goals to overcome the present effects of past discrimination, if any, to achieve the full and fair utilization of such persons in the work force.   I further pledge that the Town of Willington will affirmatively provide services and programs in a fair and impartial manner.

Where adverse impact is identified, the Town of Willington will:  (1) review its personnel policies and procedures to ensure that barriers, which unnecessarily exclude protected classes and practices which have an illegal discriminatory impact, are identified and eliminated;  (2) explore alternative approaches to employ minorities and members of protected classes;  (3) administer all terms, conditions, privileges and benefits of the employment process in an equitable manner;  and (4) establish procedures for the extra effort that may be necessary to ensure that the recruitment and hiring of protected group members reflect their availability in the job market.

It is the policy of the Town of Willington to provide equal employment opportunities without consideration of race, color, religion, age, sex, marital status, national origin, genetic information, past/present history of mental disability, ancestry, mental retardation, learning or physical disabilities including but, not limited to blindness, sexual orientation, political belief, or criminal record, unless the provisions of Section 46a-60(b), 46a-80(b), and 46a-81(b) of the Connecticut General Statutes are controlling or there is a bonafide occupational qualification excluding persons in one of the above protected groups. This policy applies to all aspects of the employer/employee relationship including, but not limited to, recruitment, hiring, referrals, classifying, advertising, training, upgrading, promotion, benefits, compensation, discipline, layoff and terminations.

The Town of Willington will implement, monitor and enforce this Affirmative Action Policy Statement in conjunction with the applicable federal and state laws, regulations and executive orders listed below:  13th, 14th, and 15th Amendments of the United States Constitution, Civil Rights Act of 1866, 1870, 1871, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil Rights Act, presidential Executive Orders 11246, amended by 11375, (Nondiscrimination under federal contracts), Act 1 Section 1 and 20 of the Connecticut Constitution, Governor Grasso’s Executive Order Number 11, Governor O’Neill Executive Order Number 9, the Connecticut Fair Employment Practices Law (46a-63-64),  Discrimination against Criminal Offenders (46a-80).Connecticut General Statutes and Connecticut Code of Fair Accommodations Law (46a-63-64), definition of Blind (46a-51 (1), definition of Physically Disabled (46a-51 (15), definition of Mentally Retarded (46a-51 (13), cooperation with the Commission on Human Rights AND Opportunities (46a-77), Sexual Harassment (46-60-(a), Connecticut Discrimination Law (360436 through 439), Title I of the State and the Local Fiscal Assistance Act of 1972 and the Americans with Disabilities Act of 1992.

This policy statement will be given annually to all Town employees and will also be posted throughout the Town Hall.  I also expect each supplier, union, consultant and other entity (s) with which we do business to comply with all applicable State and Federal Equal Opportunity laws and regulations.  The Town of Willington will not knowingly do business with any entity debarred from participation in any federal or state program or found to be in violation of any state or federal anti-discrimination law.


SPECIAL MEETING                                            -4-                                                            APR. 7, 2008

I have assigned the responsibility to achieve a successful implementation of our goals and objectives to the Office Manager of the Town of Willington, who can be reached at 860-487-3100.   
                                                        

THIS STATEMENT IS AVAILABLE IN LARGE PRINT OR ON AUDIO TAPE FROM THE ADA-504 COORDINATOR BY CALLING 860-567-5681.

RE-ADOPT FAIR HOUSING RESOLUTION
FIRST SELECTMAN ELDREDGE MOVED TO RE-ADOPT THE FAIR HOUSING RESOLUTION.
Selectman Palmer seconded the motion
VOTE:  3 YES  (ELDREDGE, PALMER & CHARETTE)    0  NO
FAIR HOUSING RESOLUTION

Whereas,        All American citizens are afforded a right to full and equal housing
            opportunities in the neighborhood of their choice; and

Whereas,        State and Federal Fair housing laws require that all individuals, regardless
of race, color, religion, sex, national origin, ancestry, marital status, age,
mental or physical disability, lawful source of income, sexual orientation,
familial status, be given equal access to rental and homeownership
opportunities, and be allowed to make free choices regarding housing
location; and

Whereas,        The Town of Willington is committed to upholding these laws, and
                realizes that these laws must be supplemented by an Affirmative State-
                ment publicly endorsing the right of all people to full and equal housing
                opportunities in the neighborhood of their choice.

NOW THEREFORE, BE IT RESOLVED,
                That the Town of Willington hereby endorses a Fair Housing Policy to
ensure equal opportunity for all persons to rent, purchase and obtain
financing for adequate housing of their choice on a non-discriminatory
basis:  and
BE IT FURTHER RESOLVED, That the First Selectman of the Town of Willington or
                       his designated representative is responsible for responding to and
                       assisting any person who alleges to be the victim of an
illegal discriminator housing practices in the Town of Willington.

RE-ADOPT FAIR HOUSING POLICY STATEMENT
FIRST SELECTMAN ELDREDGE MOVED TO RE-ADOPT THE FAIR HOUSING POLICY STATEMENT.
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
FAIR HOUSING POLICY STATEMENT



SPECIAL MEETING                                            -5-                                                            APR. 7, 2008

It is both the policy and strong commitment of the Town of Willington to promote Fair Housing opportunities in all its programs and housing development activities and to take affirmative action through education and implementation to ensure equal housing opportunities for all persons and families.

The Town of Willington will take affirmative action to ensure that all tenants, applicants, and residents are treated fairly without regard to their race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, learning disability, mental or physical disability, including but not limited to blindness, age individuals with children, or lawful source of income.

The Town of Willington will continue to make a good faith effort to comply with all Federal and State laws and policies which speak to fair housing practices.

It is the policy of the Town of Willington that all Housing related personnel be trained and educated in the principles of Fair Housing and Equal Opportunity so that Equal Housing Opportunity may be available to all qualified applicants.

This Fair Housing Policy Statement reaffirms our personal commitment to the principles of fair housing and equal opportunity housing practices.

The Fair Housing Officer, Youth, Family & Social Services Director, or their designated representative is responsible for the enforcement and implementation of the Fair Housing Regulations/Plan and the enforcement of this policy.  The Fair Housing Officer may be reached at 860-487-3118.

Complaint(s) pertaining to discrimination in any program funded by this Town of Willington may be filed with the Fair Housing officer.  The Town’s Grievance Procedure will be utilized in this case(s).

Complaints also may be filed with the Commission on Human Rights and Opportunity, 21 Grand Street, Hartford, CT 06106

RE-ADOPT TITLE VI EQUAL OPPORTUNITY STATEMENT
FIRST SELECTMAN ELDREDGE MOVED TO RE-ADOPT THE TITLE VI EQUAL OPPORTUNITY STATEMENT.
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Town of Willington does not discriminate in the provision of services, the administration of its programs, or contractual agreements.  The Town of Willington seeks to fully carry out its responsibilities under the Title VI Regulations.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the grounds of race, color, or national origin in programs and activities receiving Federal financial assistance.  Title VI provides that “No person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program” covered by the Regulations.


SPECIAL MEETING                                            -6-                                                            APR. 7, 2008

This policy is effectuated through the methods of administration outlined in the Town’s Fair Housing Plan and is fully implemented to ensure compliance by the Town, as the recipient, and by sub recipients.  The cooperation of all Town personnel is required.

ADA GRIEVANCE PROCEDURE AND NOTICE
FIRST SELECTMAN ELDREDGE MOVED TO ESTABLISH THE ADA GRIEVANCE PROCEDURE AND NOTICE
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
Town of Willington
ADA MUNICIPAL GRIEVANCE PROCEDURE

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act.  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the Town of Willington.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later that 60 calendar days after the alleged violation to:

Mary Bowen
Office Manager
Town of Willington
40 Old Farms Road
Willington, CT 06279


Within 15 calendar days after receipt of the complaint, Mary Bowen will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, Mary Bowen will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of The Town of Willington and offer options for substantive resolution of the complaint.

If the response by Mary Bowen does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the First Selectman or his or her designee.

Within 15 calendar days after receipt of the appeal, the First Selectman or his or her designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting the First Selectman or his or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Town of Willington, appeals to the First Selectman or his or her designee, and responses from the ADA coordinator and First Selectman or his or her designee will be kept by the Town of Willington for at least three years.



SPECIAL MEETING                                            -7-                                                            APR. 7, 2008

REHAB LIEN – REQUEST FOR FORGIVENESS
These liens, totaling $22,853.50, were placed in 1989 and 1991.  In 1998 the homeowners sold the home.  The loan to value ratio was approximately 134%.  The financial condition at the time did not allow the homeowners the money after the sale to repay the lien and buy another home.  An arrangement was made for the homeowners to make monthly payments to pay off the liens.  They have been making payments since then and are asking for forgiveness of the balance.  Discussion on this followed.  The Board, although understanding the request, agreed they could not set a precedent by forgiving the remainder of the lien.

NATIONAL START WALKING DAY PROCLAMATION
FIRST SELECTMAN ELDREDGE MOVED TO ADOPT THE FOLLOWING PROCLAMATION.
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
National Start! Walking Day Proclamation

WHEREAS, each year 1.2 million Americans suffer a new and recurrent coronary attack, and cardiovascular disease is the nation’s leading cause of death with direct and indirect costs estimated to be $448.5 billion in 2008; and

WHEREAS, more physical activity can help improve these statistics; and

WHEREAS, adults may gain up to two hours of life expectancy for every hour of regular, vigorous exercise; and

WHEREAS, in addition to increased life expectancy, regular walking has many proven benefits for an individual’s overall health.  Brisk walking for at least 30 minutes a day can lower both bad cholesterol (LDL) levels and high blood pressure.  It can also help individuals who are overweight achieve and maintain weight loss, and reduce their risk of stroke; and

WHEREAS, the Centers for Disease Control and Prevention estimate that physically active people save $330 per year in direct medical expenditures; and

WHEREAS, on National Start! Walking Day, April 16 the American Heart Association’s Start! Movement calls on all citizens of Willington to Walk at least 30 minutes today; and

WHEREAS, the purpose behind National Start! Walking Day is to get Americans to become more physically active by walking.

NOW, THEREFORE, I Michael Eldredge, in recognition of the importance of regular physical activity, do hereby proclaim April 16, 2008, as

“National Start! Walking Day”

in Willington and urge all citizens to show their support for walking and the fight against heart disease and commemorate this day by walking at work.  By increasing awareness of the importance of physical activity to reduce the risk for cardiovascular disease, we can save thousands of lives each year.


SPECIAL MEETING                                            -8-                                                            APR. 7, 2008

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Town of Willington this 7th. day of April 2008.

INSURANCE AGENT OF RECORD
First Selectman Eldredge commented Dave Harding, Superintendent of Schools, took the lead on this.  We felt we were not receiving adequate information from our present agent.  Three firms were interviewed and Lockton Companies was recommended to be the Agent of Record.  Supt. Harding commented Lockton Co. will start marketing our plan.  They will also assist the Business Manager getting everything ready for the end of year, they will put documentation together and assist with  403 changes.  Six months before negotiations they will do surveys with unions to gather data to make negotiations go smoother.  Lockton has many people on the team.  First Selectman Eldredge commented the insurance must be comparative to what we have.  Supt. Harding commented they must sign a document that states everything must be equal or better than what we have.  Supt. Harding commented it is a good idea to evaluate every 3 years.  The Board agreed.
FIRST SELECTMAN ELDREDGE MOVED THAT THE BOARD OF SELECTMEN APPROVE  LOCKTON COMPANIES AS THE NEW AGENT OF RECORD AND AUTHORIZE THE BUSINESS MANAGER, DONNA LATINCSICS TO SEND A LETTER OF AGREEMENT TO LOCKTON COMPANIES AS AGENT OF RECORD FOR THE BOARD OF SELECTMEN.
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

ATTORNEY PROPOSALS
First Selectman Eldredge commented we interviewed 3 excellent firms.  We want a firm with different fields of expertise.  Updike has a wide variety but their proposal was for $235-$310 an hour.  The low proposal was from Halloran Sage but they have not provided a broad range of attorneys, mainly 2.  Murtha Cullina’s proposal was in the mid range and they said they would give a blended rate of $210.  We have worked with them before.  You use different attorneys for different aspects.  In 04-05 they gave a blended rate of $205 but reduced it to $184 as a courtesy.  They give fast service.  Selectman Palmer commented expertise is expensive but efficient. Selectman Charette commented I liked Updike and believe they would give us fast service.  Selectman Palmer commented the First Selectman must deal with them.  Selectman Charette agreed.  First Selectman Eldredge commented he recommends going mid range with Murtha Cullina and the blended rate.  I do not want to go completely on price.
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT MURTHA CULLINA AS TOWN ATTORNEY EFFECTIVE MAY 1, 2008.
Selectman Palmer seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO
GOOD & WELFARE  

SELECTMAN PALMER MOVED TO ADJOURN THE MEETING AT 6:23 P.M.
Selectman Charette seconded the motion.
VOTE:  3 YES (ELDREDGE, PALMER & CHARETTE)    0  NO

Respectfully submitted,
Mary Bowen
Mary Bowen
Secretary


Board of Selectmen
860-487-3100

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