8.28.2006

August 28, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, August 28, 2006, at the Killingworth Town Office Building, 323 Route 81 Killingworth Connecticut. In attendance were First Selectman Martin Klein, Selectman Fred Dudek and Selectman Edward Sipples. First Selectman Klein called the meeting to order at 7:00 PM.

2. Approval of Minutes – August 14th Regular Meeting and August 9th Special Meeting
Motion by Sipples, second by Klein, to approve the August 9, 2006 Minutes amended as follows –

Add to 3rd paragraph under Visitors, “Walter Adametz agreed to provide the Board of Selectmen with a written annual plan for road maintenance.”

Change 9th paragraph under Visitors, “Walter Adametz noted the heat was turned off in the dog pound and the pipes froze and broke and $1600 was spent for these repairs. He also noted the heat was turned down in the Town Hall and pipes froze in that building.”

Change 12th paragraph under Visitors, “Arlene Tunney noted the fingerprint machine was never brought before the Board of Finance and the jersey barriers were over $5000.”



Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.

Motion by Sipples, second by Dudek, to approve the August 14, 2006 Minutes amended as follows –

Under Visitors, let the record show that “Heather’s” last name was “McCurdy”.

Under Selectmen’s concerns, let the record show Selectman Sipples had asked First Selectman Klein if a letter of thanks had been sent to Brian O’Connor for his assistance with the STEAP grant. First Selectman Klein suggested that in the future Selectman Sipples stop in the office and discuss these matters with him rather than bring them up at a Board meeting. First Selectman Klein acknowledged a letter of thanks had been sent to Mr. O’Connor quite some time ago.



Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.

3. Visitors
Marie Phelan from Pullman & Connelly, Bond Counsel, was present. She noted this is an historic occasion as the Town is about to close on its first bond issue. Ms. Phelan explained this is a Dillon’s Rule State. She reviewed Chapter 109 of the Statutes which indicates how long bonds and notes can be outstanding. Ms. Phelan reviewed leases and Federal and State Tax Laws. There was discussion regarding lease vs. bonding and the approval of a project. She noted smaller amounts are likely to be a lease. First Selectman Klein noted that because of the delay in selling the Bosco property, the IRS will not allow the Town to sell or rent it. It could, however, be made into a Killingworth Meeting House for future use. Klein suggested forming a committee to look into this use. There was discussion regarding what was covered in the bonding – Bosco notes, Wettish notes, Modular Addition (infrastructure). There was further discussion regarding infrastructure and where the Town Hall will be in four years when the current modular building comes down. First Selectman Klein noted he met with Board of Finance Chairman regarding capital projects and the Town Hall will be one of those projects. Ms. Phelan explained the Town cannot sell or lease the property that has been financed with the tax money from the bonds. First Selectman Klein and the Treasurer must sign a document indicating the Town promises there will be no intention of violating the law. First Selectman Klein explained there is a call provision and the Town can call the bond after 10 years. Peg Scofield pointed out that in 2008 the Town would have had to sell the Bosco property or do something to pay off the Bosco notes. Mike Board asked Selectmen Sipples and Dudek if they were aware of that and they replied no. Mr. Board asked whether that should go back to Town Meeting if the citizens weren’t aware of that. It was noted there was language in both the Bosco and Wettish votes to bond. 

Charter Revision Committee
Selectman Sipples noted there was a hearing last week for the proposed changes to the Charter at which no selectmen were present. First Selectman Klein indicated he arrived at the meeting late, but was present. There was discussion regarding the time frame that the Committee has in order to be able to get this on the November ballot. It was also noted the BOS, at its last meeting, sent this back to the Committee to re-examine 4 areas. The selectmen noted they were not aware of this deadline. Selectman Dudek noted, based on the deadline, that if this is not done by September 7th, it does not go on this year’s ballot. He would not like to see this rushed through, but given more thought. John Amport explained the Charter was silent with regard to the appointment of Planning & Zoning alternates. With regard to having a Public Works Commission, Mr. Amport explained if this were in the Charter, it would be around forever. The Board of Selectmen have the ability to do this by Ordinance and a Town vote and it could be changed in the future. Selectman Sipples noted he could live with this being a Committee and being outside the Charter. Selectman Dudek felt this should be in the Charter. There was discussion regarding the seating of Planning & Zoning alternates. Phil Stull explained the current procedure for seating alternates and that it is important to leave this to the Planning & Zoning Commission. There was discussion regarding the bidding policy adopted in 1992. Selectman Sipples noted the Town has not been adhering to this policy. John Amport noted the Committee felt this was an operational type issue that didn’t belong in the Charter. Mr. Amport noted they would review the employee policy as it relates to the First Selectman and look at putting something in the Selectmen’s section of the Charter. John Amport indicated he would like the Board of Selectmen to come to a Charter Revision Committee meeting and that the clock would not start ticking until the Board of Selectmen submit something in writing to the Committee. It was also noted the Committee would have to be reappointed by the Board of Selectmen at the end of the year.

Michael Board noted he submitted a Freedom of Information request at the last meeting. He waited nine days and heard nothing back on that request and has turned it over to the Freedom of Information Commission by letter of August 25, 2006. First Selectman Klein noted the information was available to Mr. Board in the Selectman’s Office, but he did not come in to look at it. Mr. Board stated no one contacted him to say the information was available. Selectman Sipples noted he attended a recent FOI workshop where it was stated it is the town’s obligation to contact the person, not for the person to come back to get it. First Selectman Klein reiterated he did respond and the information has been sitting in the Selectman’s Office for some time. There was much discussion back and forth between the Selectmen and Mr. Board regarding this matter. Mr. Board reminded Selectmen Sipples and Dudek that they are there for “checks and balances”. He also noted the First Selectman just got up and left the last meeting, and in fact left the building, and that he should be reprimanded for that. 

Phil Stull submitted a list of potential candidates for the Traffic Study Committee discussed at the last meeting. This should be included on the next Board of Selectmen’s Agenda.

Peter Venuti also requested that PAYT Committee be included on the next Board of Selectmen’s Agenda.

4. Tax Abatements & Refunds
Motion by Dudek, second by Sipples, to approve the Tax Abatements & Refunds as reviewed and copy attached to these Minutes. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

5. Appointments & Vacancies – none.

6. Old Business
1. Town Hall Computer RFP Award
Selectman Dudek noted the Board was not ready to make the Computer RFP award at this time. He indicated 3 bids were received – Fuss & O’Neill $26,663.52; Sydell Associates LLC $23,015.00 and Technet Computing $12,241.00. These figures are for Year 1. Selectman Dudek suggested a special meeting be held to meet with the 3 vendors to review their bids because the bids are not comparing “apples to apples” with regard to anti-spam solutions (i.e. software vs. hardware solution). Dudek indicated there are weaknesses in the system which must be addressed. All the vendors were pretty much the same with regard to the solution for uninterrupted power. It was agreed a special meeting will be held for this purpose. Dudek also noted the Board would have to go to the Board of Finance for an additional appropriation for whatever is decided upon.

2. Septic Lagoon Testing Update
First Selectman Klein gave an update with regard to the septic lagoon closing. He indicated a lot of the procedures have been worked out; however, Mrs. Dudek doesn’t want the Town to dewater. DEP has given their approval for dewatering. Klein noted that if the Town doesn’t dewater, this will be terribly expensive. He would like to negotiate with Mrs. Dudek for 2 lump sum payments – one for the dewatering and one when the Town leaves. Klein reviewed the testing process. It was noted the Town would have to go to the Board of Finance for funds. 

3. Charter Revision Hearing of 8/21/06
Discussed earlier in the meeting under Visitors.

7. New Business
1. LOCIP Program
First Selectman Klein noted the check for $30,000 for the Alders Bridge project is expected shortly. Lou Annino asked about paving. Klein noted there wasn’t enough money in the budget to pave the whole thing. There was discussion as to whether or not there were additional LOCIP funds available. First Selectman Klein indicated he would like to see what happens and develop an experience with this before deciding to go back. It was noted other selectmen never bothered to go after LOCIP funds.

2. CRERPA – Natural Hazard Mitigation Plan
Selectman Dudek noted that CRERPA is the agency for this area with regard to the NHMP. If certain requirements are met, it allows the Town to get more FEMA money. These requirements must be done within a certain period of time and a report done at the end of 5 years as to what has been done and, if not, when things are going to be done. A time line needs to be determined by the Town, not FEMA. Any changes to this can be made through CRERPA. This was approved by FEMA on July 12, 2006 and CRERPA is looking for approval at its September meeting. Jere Adametz, the Town’s CRERPA representative, noted these questions should be put before CRERPA to be answered. First Selectman Klein will pass these questions along to CRERPA for a response.

3. Public Informational Meeting – October 2, 2006 @ 7:00 PM, Routes 80 and 81 – Traffic Circle – DOT
It was noted the State will hold a public informational meeting on October 2, 2006 at the Town Hall to review proposed work at the Routes 80 & 81 Traffic Circle by the State DOT. The question was asked as to what the State will be doing on Route 81 by the new school. Jere Adametz indicated he didn’t think they were going to do anything. 

Motion by Dudek, second by Sipples, to add the following agenda item to New Business – Land Use Committee and Park & Recreation Commission. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

Selectman Dudek noted he received a copy of the Park & Recreation Commission Minutes from August 14th referencing the fact that the BOS have not given a charge yet to the Land Use Committee to assist Park & Rec in the development plan of the Wettish property. The Park & Recreation Commission indicated it would welcome any assistance from the Land Use Committee. Motion by Dudek, second by Sipples, that a charge be given to the Land Use Committee to assist the Park & Recreation Commission in the development plan of the Wettish property as requested or required by the Park & Recreation Commission. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried. 

8. MK Announcements
First Selectman Klein noted he has an individual who will be coming before the Board to make a proposal for affordable housing as there is a need for workforce housing in this community. The Town should be looking at a combination of housing. Selectman Sipples noted that Mike Board and John Amport were appointed to the Affordable Housing Committee and those two individuals should be included in this upcoming meeting. 

9. Selectmen’s Concerns
Selectman Dudek noted there was discussion at the last meeting regarding Emergency Management and the signing of the Memorandum of Decision. First Selectman Klein noted he has signed that document. Selectman Sipples asked if Mr. Klein was going to go before the Board of Finance indicating this money will be reimbursed by FEMA. Mr. Klein indicated he felt the Town will get the money. Selectman Dudek noted he would email Sipples a copy of the letter from DHS stating there was $44,000 that had to be spent by April of 2007. Lou Annino indicated then there will be two schools in Killingworth that would have full generator capacity and be able to accommodate the Town’s residents for sleeping, cooking and hot showers. 

Jere Adametz reiterated that he asked the Board of Selectmen for a letter stating the runoff from Alders Bridge road on to his property is temporary and that the drainage for that road will be reconstructed and not be permanent. 

Selectman Sipples briefly reviewed the issue of the “obscene gravity” on the Resident Trooper’s Office. The area was cleaned but now needs to be painted. First Selectman Klein noted this is being put out to bid and hopefully some bids will be received by the next meeting.

Selectman Sipples asked about the status of the new purchase order procedure. First Selectman Klein noted nothing has been done with this yet. Selectman Dudek indicated the Board of Finance was to supply a letter, but that has not been received yet. 

Selectman Sipples asked about the status of the $500,000 STEAP grant. First Selectman Klein indicated this would take some time and the spending of this money would be monitored by both the State and the Town. Selectman Sipples asked who would sign the agreement between the State and the Town. First Selectman Klein stated he would be signing it on behalf of the Town. Selectman Dudek indicated Park & Rec needs to come back to the Selectmen with an engineer and a dollar amount. These funds were to be used specifically for the “rec” area and not the rest of the property. 

Selectman Sipples asked about the status of the diesel fuel tank. First Selectman Klein reviewed the status of the fuel tank. It was noted Board of Finance has not met, but First Selectman Klein would be taking the following 3 items before the BOF at its next meeting – 1) fuel tank, 2) lagoon and 3) generator.

Selectman Sipples asked about the status of the reimbursement of the Middle School costs. First Selectman Klein indicated there is a dispute as far as attorney’s fees. The school has not paid a dime yet, but they have an obligation to pay us. He indicated he would not allow a Certificate of Occupancy to be issued without payment. Klein noted he has been trying to negotiate and get the school to pay the soft costs and argue about the attorneys fees at a later date. Selectmen Sipples and Dudek agreed with that. 

Michael Board submitted a request for a copy of the tape of this Board of Selectmen meeting at 9:18 PM.

There was a brief discussion regarding Lover’s Lane and the fact they are predicting a lot of rain for tomorrow. It was decided to proceed along the lines of what was approved at a recent BOS meeting.

First Selectman Klein noted they are in the process of reviewing job descriptions and once completed this will come before the Board. 

There was a brief discussion regarding workers compensation insurance and the liability at the intersection of Green Hill Road and Route 81. 

It was noted there is a Town Meeting tomorrow night to accept the Bellard property for the proposed work at Green Hill Road and Route 81. 

10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 9:30 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.