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Board of Selectmen Minutes 03/16/09

BOARD OF SELECTMEN

REGULAR MEETING                                                                                                           MAR 16, 2009
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 Palmer, L. Nicholls, and residents.  Selectman Charette was absent.  First Selectman Eldredge led the Pledge of Allegiance.

APPROVAL OF MINUTES
SELECTMAN PALMER MOVED TO APPROVE THE MINUTES OF 3/2/09.  
First Selectman Eldredge seconded the motion.
VOTE:  1 YES (PALMER)   0  NO  1 ABSTAIN  (ELDREDGE)

SELECTMAN PALMER MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING 3/4/09.  
First Selectman Eldredge seconded the motion.
VOTE:  2 YES (ELDREDGE & PALMER)    0  NO

SELECTMAN PALMER MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING 3/11/09.  
First Selectman Eldredge seconded the motion.
VOTE:  2  YES (ELDREDGE & PALMER)    0  NO

PRESENT TO SPEAK
Fire Chief Tyler Millix of Willington F.D. #1 asked to confirm the deadline for the Facility Study RFP.  It is April 1.  He asked if we have received any submittals as of yet.  The town has not as of yet.  

Chief Millix also commented on the former Ram Cronium Building. He stated that people have been occupying the building without consent.  He was told by the Fire Marshall for a mandate to have the Building Inspector have the building buttoned up.  The door appears to have been kicked in, and there is an excess of garbage and debris all over, and is a hazard.  First Selectman Eldredge stated that he would talk to Ed Staveski and have him take action.

Bob Campbell of the Housing Authority stated that he would like to comment on the resolution after it is announced.

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

PUBLIC WORKS
Lynn said that she and her crew are working on getting the sweeper ready and grading the roads.

First Selectman Eldredge asked to contact the salt company for pricing for next year. Also, he asked if there is a FEMA grant to use In-Kind services to help pay for our portion?  25% cost savings will be helpful.  Mike and Lynn will meet tomorrow and discuss the budget.

NEW BUSINESS
FIRST SELECTMAN ELDREDGE READ THE FOLLOWING RESOLUTION AND MADE A MOTION TO APPROVE:

TOWN OF WILLINGTON
BOARD OF SELECTMEN

RESOLUTION

Be it RESOLVED:
        WHEREAS, on July 17, 1986, a Housing Authority was established for the Town of Willington to transact business and exercise powers pursuant to the provisions of Chapter 128 of the Connecticut General Statutes; and
        WHEREAS, among the powers of a Housing Authority under Chapter 128 of the Connecticut General Statutes, and more specifically, under Section 8-44 thereof, is the power “to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;” and
WHEREAS, on August 9, 2006, the Town Meeting, on the recommendation of the Board of Finance, authorized the appropriation of $566,500, to be reimbursed in part from EDI Grant B-06-SP-CT-0170, for the design and construction of the septic system and the design and expansion of the infrastructure for the Senior Housing apartments and cottages; and
WHEREAS, funds in the amount of $176,000 are still available for disbursement under the aforementioned appropriation; and
WHEREAS, on September 10, 2008, the Town Meeting, on the recommendation of the Board of Finance, authorized the appropriation of an additional $196,000 from EDI Grant B-08-SP-CT-0408 for the design and construction of infrastructure for the Senior Housing cottages; and
WHEREAS, funds in the total amount of $196,000 are still available for disbursement pursuant to the aforementioned appropriation; and  
        WHEREAS, it is the duty of the Board of Selectmen, pursuant to Section 7-12 of the Connecticut General Statutes, to superintend the concerns and expenditures of the town;
       NOW, THEREFORE, the Board of Selectmen hereby delegates to the Housing Authority of the Town of Willington the right to enter into such contracts and agreements as it may, within the scope of its statutory powers, and within the scope of the remaining total amount of $372,000 from the appropriations referred to above, deem necessary to carry out the purposes of EDI Grants B-06-SP-CT-0170 and B-08-SP-CT-0408 for the design and construction of infrastructure for the Senior Housing cottages, provided, however, that:

1.              All such contracts and agreements must comply with all Town, State and federal laws and regulations, including but not limited to bidding and non-discrimination requirements; and

  • Before any such contract or agreement is executed by the Authority, it must be reviewed and approved by the Town Attorney and by the Board of Selectmen.  The Board of Selectmen shall retain the authority to disapprove, or to require modifications to, any proposed contract or agreement if they deem it to be in the best interests of the Town.
Selectman Palmer seconded the motion.

First Selectman Eldredge opened discussion.

Three members from the Housing Authority were present and are concerned with the last paragraph in the Resolution.  They objected to having the approval from the Town Attorney and Board of Selectmen, in fear that the BOS could reject for any reason.  First Selectman Eldredge has gone to the town Attorney on how this Resolution should be done, so the Housing Authority could legally move forward with Cottage Infrastructure. This agreement is based on a legal review by the Town Attorney in conjunction with Connecticut State Statutes. The Board of Selectmen have no intention to reject any contracts that the Housing Authority enter into, unless it places the Town at risk for any reason.  The Town Attorney has stated their approval would be based on legal discrepancies, not personal opinions.

First Selectman Eldredge has checked with The Town Attorney on multiple occasions, of the wording of paragraph item #2, and he has suggested that the Resolution needs to be written this way, in conjunction with CT State Statutes, and to protect the Town’s interest.  

Bob Campbell said that the way that the Resolution is written currently could create a stumbling block for future housing. The three members of the Housing Authority have asked the Board of Selectmen not to sign the Resolution at this time. First Selectman Eldredge has asked Bob Campbell to present the Resolution to the Housing Authority’s Attorney and have the Attorney contact Attorney Mike Zizka at Murtha Cullina, which is the Town’s Attorney.  Attorney Zizka can then contact First Selectman Eldredge in regards to this discussion.  Both parties will need to come to some kind of agreement on the wording before next BOS meeting.

SELECTMAN PALMER MOTIONED TO TABLE THE RESOLUTION FOR 2 WEEKS – UNTIL NEXT BOS REGULAR MEETING. NEXT MEETING DATE IS APRIL 6, 2009.
First Selectman Eldredge Seconded the motion.
VOTE:  2  YES (ELDREDGE & PALMER)    0  NO

APPROVE BOARD OF SELECTMAN BUDGET PROPOSAL FROM MARCH 11, 2009
FIRST SELECTMAN ELDREDGE MOVED TO APPROVE THE BUDGET PROPOSAL FOR 2009/2010. BUDGET IS FOR $2,752,737.00.   A DECREASE OF 7.9% FROM LAST YEAR.
Selectman Palmer seconded the motion.
VOTE:  2 YES (ELDREDGE & PALMER)    0  NO

APPOINT DICK PALMER – CENTER SCHOOL WATER COMMITTEE
FIRST SELECTMAN ELDREDGE MOVED TO APPOINT DICK PALMER TO THE CENTER SCHOOL WATER COMMITTEE.
Selectman Palmer seconded the motion.
VOTE:  2 YES (ELDREDGE & PALMER)    0  NO


GOOD & WELFARE  

Lynn welcomed and introduced Robin Campbell to the residents at the meeting.

FIRST SELECTMAN ELDREDGE  MOVED TO ADJOURN THE MEETING AT 7:49 P.M.
Selectman Palmer seconded the motion.
VOTE:  2 YES (ELDREDGE & PALMER)    0  NO

EXECUTIVE SESSION – PENDING CLAIMS/LITIGATION – A.S.H.O.W. – Not held.

Respectfully submitted,

Robin H. Campbell
Robin Campbell
Secretary