October 3, 2006 - SPECIAL
1. Call to Order
The Killingworth Board of Selectmen held a special meeting on October 3, 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. Attorney Michael Wells was also present. Dan Colonia, Chris Kelly and Shelly Cumpstone from the Park & Recreation Commission were also present. First Selectman Klein called the meeting to order at 6:05 PM.
2. STEAP Grant Resolution
Attorney Wells noted he prepared a letter to First Selectman Klein today regarding the STEAP Grant. Mr. Wells noted this was a Grant to the Town which requires a vote from the Board of Selectmen, Board of Finance and then Town Meeting to accept the funds and to authorize the First Selectman to sign the Grant Agreement. The Town may, at the same time, appropriate those funds or it may wait and vote the appropriation at another time. He suggested that if the plan for the proposal was not complete yet, that the Grant be accepted at a Town Meeting and then when a detailed proposal is ready, go back to Town Meeting. Selectman Dudek noted the engineering costs are not yet known and asked how Park & Rec would access that money for the project. Attorney Wells noted the $500,000 would go into unappropriated fund balance until it is designated to a specific line item. He suggested the Town accept the $500,000 and appropriate it into a Wettish Property Recreational Development Account and the money could be drawn from that to pay bills. Alternatively, the funds could be accepted and the Rec Dept. could then go to the Board of Finance and ask for a specific amount say for the engineering, etc. and the BOF would make that appropriation. Attorney Wells noted this is a reimbursement grant.
Chris Kelly noted they would get an estimate of the engineering costs first and then the construction costs. Selectman Dudek noted he didn’t have any qualms about accepting the Grant but was trying to figure out the manipulation of the funds. In summary, Mr. Dudek noted in theory the Town can accept the Grant dollars, and the Town can go after those funds either a piece at a time or wait until there is $500,000 worth of bills and go after it as one lump sum. First Selectman Klein noted he thought it would be best to go after the funds as the bills come in and not wait until the bills total $500,000.
Attorney Wells suggested at the Town Meeting where the funds are accepted, it might be wise to appropriate a certain amount to a Rec Account so another Town Meeting would not be required to access those funds.
Attorney Wells noted the Town must sign an Open Space Grant Agreement and the Town Meeting must authorize the First Selectman to sign it.
Selectman Sipples discussed the fact the Town must come up with the initial funds before the State will reimburse those funds. Attorney Wells explained the options for this process. The Town can either pay these bills and then request the funds from the State, or the Town can send the bills to the State and get the funds and then pay the bills. Attorney Wells noted the latter option is a concern because of the length of time it could take to receive the funds from the State.
Selectman Sipples asked Mr. Wells about the section in the Agreement that says the State has pre-approval rights. Attorney Wells explained the process. He noted the bid package would be sent up to the State for comment before being sent out. The bid package is sent out, the bids come in and the low bid is sent up to the State asking again for comments. The bid is then signed and awarded. Most engineers who will respond to the bid have worked with the State previously and know the process.
Attorney Wells again reviewed the options for payment of bills and process of cash flow. The issue of getting the contract and bids approved by the State are required regardless of how the bills and cash flow is handled. Mr. Wells noted the State wants to know the Town is going to do the whole project and know that the project won’t stop when the $500,000 is gone. Phasing the project is fine and the Town is allowed five years to spend those funds meaning 2011 would be the completion date.
Attorney Wells noted the project description is specific in that it states it is 5 multi-purpose athletic fields, vehicle access, parking area, support facilities, infrastructure and if monies permit, irrigation and utilities. In other words, if the Town wants to do only 4 fields, it would have to get modification approval from the State. By accepting the Grant, the Town is forever limiting that 16 ¼ acre parcel for this purpose and nothing else. Also, by accepting the Grant, this must be open to the general public (residents and non-residents). Preference can be given to Town residents.
Attorney Wells noted handicap accessibility is mandated. Materials used should minimize maintenance and ensure public safety. There is also a restriction that no elected or appointed official may get any benefit from this contract and cannot bid on or be compensated for work on this project.
Selectman Sipples cautioned the Board of Selectmen that it needs to budget for on-going expenses to maintain the fields. Dan Colonia mentioned the possibility of future capital expense items like mowing equipment. Park & Rec’s overall plan will include the cost of on-going maintenance. Selectman Dudek reminded the Board that it just approved one more Public Works person that was half Park & Rec.
Selectman Sipples asked who “principal project staff” would be. The Board of Selectmen will designate one individual as primary contact for the State – either the First Selectman or the Chairperson of the Park & Recreation Commission. The Park & Recreation Commission will be responsible for the development of the project if that is the way the Town chooses to go. If there are any changes with regard to these individuals assigned, the Town must then report those changes to the State. Attorney Wells reminded the Selectmen that the Town is considered the General Contractor in the eyes of the State. The Town subs out the work.
There was discussion regarding the awarding of the bids. Park & Recreation will make recommendations regarding the awarding of the bid, and the Board of Selectmen will make the decision. The bidding process will follow the State guidelines. It was noted the engineering firm is the first and most important selection and this firm will be responsible for project specs, plans, bid packages, etc. It was agreed the Town would follow that process.
Selectman Sipples noted there was a statement in the Agreement about complying with the 1986 Federal Reform Act requirements for tax exempt bonds. Attorney Wells noted that means that the Town is using the funds to improve property that is owned by the Town. The funds cannot be used to improve private property.
Selectman Sipples asked about prevailing wage. Attorney Wells noted this clause is standard if it is over a certain amount and will be included in the bid specifications.
The Park & Recreation Commission will be required to place a sign that acknowledges the State’s role in helping to fund the project.
There was discussion about additional non-town sources for revenue to cover expenses incurred in excess of $500,000. The Town will be obligated to cover the difference. First Selectman Klein noted the Town could go back and request more funds from the STEAP Grant. Attorney Wells recommended presenting the complete project plan to the voters.
Motion by Dudek, second by Klein, that the Open Space Grant Agreement 2002-17 be accepted, that the First Selectman be authorized to sign that Agreement pending review by the Planning & Zoning Commission and approval of the Board of Finance and Town Meeting. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
3. Sludge Lagoon Lease Agreement
Attorney Wells reviewed the Sludge Lagoon Lease Agreement. First Selectman Klein noted he needed approval of the Board for the testing of the lagoons. Attorney Wells noted an Agreement was reached with Rose Dudek concerning the Lease Agreement for the use of her property. The Agreement is for 2 years and can be extended. The rental charge paid to Ms. Dudek is $416.67 per month until termination of the Agreement. Mr. Wells noted he expects the State will require ground water testing for years and that is not included in the monthly payment. Once the closing mitigation work is completed as defined in the Closing Plan of Action, that is the Plan. As long as that Plan is being followed, Ms. Dudek will be paid $416.67 per month. When that Plan is done and the State signs off, there are no more payments. The Town has the right to continue to have monitoring wells there forever under this Agreement at no cost. The dewatering will take place on site at no extra charge. Attorney Wells noted this Agreement does not need Town Meeting, but only Board of Selectmen approval. This is not a formal lease, but a right to work on the property. Selectman Dudek asked if the payments were retroactive back to July 1, 2006. Attorney Wells noted the Agreement does not say that so the term of the Agreement begins when it is signed.
Attorney Wells noted the Board of Selectmen must approve this Agreement. The Septic Closure Plan requires the approval of the WPCA and the Board of Selectmen. He indicated he thought the State has already approved the Septic Closure Plan. Once that is approved, this will go to the Board of Finance and Town Meeting for funding. Attorney Wells reminded the Board the Agreement cannot be signed until the required approvals are gotten and the funds obtained.
First Selectman Klein reviewed the work he has asked Brian Curtis to do in the meantime.
Attorney Wells indicated that he just noticed this Agreement is retroactive to July 1, 2006 and renewable for 2 additional 1 year periods, so payments will be retroactive to 7/1/06.
First Selectman Klein noted he has two contracts for testing, one for $11,862 and one for $16,242. Attorney Wells noted this could be voted on at the next Board of Selectmen’s meeting or it could be forwarded on to the Board of Finance for their review subject to Board of Selectmen’s approval.
No action was taken at this time on this item.
4. Executive Session
Motion by Klein, second by Dudek, to go into Executive Session at 7:05 PM with Attorney Wells present. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Motion by Dudek, second by Klein, to come out of Executive Session at 7:37 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. No action was taken during Executive Session.
5. Adjournment
Motion by Klein, second by Dudek, to adjourn at 7:38 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held a special meeting on October 3, 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. Attorney Michael Wells was also present. Dan Colonia, Chris Kelly and Shelly Cumpstone from the Park & Recreation Commission were also present. First Selectman Klein called the meeting to order at 6:05 PM.
2. STEAP Grant Resolution
Attorney Wells noted he prepared a letter to First Selectman Klein today regarding the STEAP Grant. Mr. Wells noted this was a Grant to the Town which requires a vote from the Board of Selectmen, Board of Finance and then Town Meeting to accept the funds and to authorize the First Selectman to sign the Grant Agreement. The Town may, at the same time, appropriate those funds or it may wait and vote the appropriation at another time. He suggested that if the plan for the proposal was not complete yet, that the Grant be accepted at a Town Meeting and then when a detailed proposal is ready, go back to Town Meeting. Selectman Dudek noted the engineering costs are not yet known and asked how Park & Rec would access that money for the project. Attorney Wells noted the $500,000 would go into unappropriated fund balance until it is designated to a specific line item. He suggested the Town accept the $500,000 and appropriate it into a Wettish Property Recreational Development Account and the money could be drawn from that to pay bills. Alternatively, the funds could be accepted and the Rec Dept. could then go to the Board of Finance and ask for a specific amount say for the engineering, etc. and the BOF would make that appropriation. Attorney Wells noted this is a reimbursement grant.
Chris Kelly noted they would get an estimate of the engineering costs first and then the construction costs. Selectman Dudek noted he didn’t have any qualms about accepting the Grant but was trying to figure out the manipulation of the funds. In summary, Mr. Dudek noted in theory the Town can accept the Grant dollars, and the Town can go after those funds either a piece at a time or wait until there is $500,000 worth of bills and go after it as one lump sum. First Selectman Klein noted he thought it would be best to go after the funds as the bills come in and not wait until the bills total $500,000.
Attorney Wells suggested at the Town Meeting where the funds are accepted, it might be wise to appropriate a certain amount to a Rec Account so another Town Meeting would not be required to access those funds.
Attorney Wells noted the Town must sign an Open Space Grant Agreement and the Town Meeting must authorize the First Selectman to sign it.
Selectman Sipples discussed the fact the Town must come up with the initial funds before the State will reimburse those funds. Attorney Wells explained the options for this process. The Town can either pay these bills and then request the funds from the State, or the Town can send the bills to the State and get the funds and then pay the bills. Attorney Wells noted the latter option is a concern because of the length of time it could take to receive the funds from the State.
Selectman Sipples asked Mr. Wells about the section in the Agreement that says the State has pre-approval rights. Attorney Wells explained the process. He noted the bid package would be sent up to the State for comment before being sent out. The bid package is sent out, the bids come in and the low bid is sent up to the State asking again for comments. The bid is then signed and awarded. Most engineers who will respond to the bid have worked with the State previously and know the process.
Attorney Wells again reviewed the options for payment of bills and process of cash flow. The issue of getting the contract and bids approved by the State are required regardless of how the bills and cash flow is handled. Mr. Wells noted the State wants to know the Town is going to do the whole project and know that the project won’t stop when the $500,000 is gone. Phasing the project is fine and the Town is allowed five years to spend those funds meaning 2011 would be the completion date.
Attorney Wells noted the project description is specific in that it states it is 5 multi-purpose athletic fields, vehicle access, parking area, support facilities, infrastructure and if monies permit, irrigation and utilities. In other words, if the Town wants to do only 4 fields, it would have to get modification approval from the State. By accepting the Grant, the Town is forever limiting that 16 ¼ acre parcel for this purpose and nothing else. Also, by accepting the Grant, this must be open to the general public (residents and non-residents). Preference can be given to Town residents.
Attorney Wells noted handicap accessibility is mandated. Materials used should minimize maintenance and ensure public safety. There is also a restriction that no elected or appointed official may get any benefit from this contract and cannot bid on or be compensated for work on this project.
Selectman Sipples cautioned the Board of Selectmen that it needs to budget for on-going expenses to maintain the fields. Dan Colonia mentioned the possibility of future capital expense items like mowing equipment. Park & Rec’s overall plan will include the cost of on-going maintenance. Selectman Dudek reminded the Board that it just approved one more Public Works person that was half Park & Rec.
Selectman Sipples asked who “principal project staff” would be. The Board of Selectmen will designate one individual as primary contact for the State – either the First Selectman or the Chairperson of the Park & Recreation Commission. The Park & Recreation Commission will be responsible for the development of the project if that is the way the Town chooses to go. If there are any changes with regard to these individuals assigned, the Town must then report those changes to the State. Attorney Wells reminded the Selectmen that the Town is considered the General Contractor in the eyes of the State. The Town subs out the work.
There was discussion regarding the awarding of the bids. Park & Recreation will make recommendations regarding the awarding of the bid, and the Board of Selectmen will make the decision. The bidding process will follow the State guidelines. It was noted the engineering firm is the first and most important selection and this firm will be responsible for project specs, plans, bid packages, etc. It was agreed the Town would follow that process.
Selectman Sipples noted there was a statement in the Agreement about complying with the 1986 Federal Reform Act requirements for tax exempt bonds. Attorney Wells noted that means that the Town is using the funds to improve property that is owned by the Town. The funds cannot be used to improve private property.
Selectman Sipples asked about prevailing wage. Attorney Wells noted this clause is standard if it is over a certain amount and will be included in the bid specifications.
The Park & Recreation Commission will be required to place a sign that acknowledges the State’s role in helping to fund the project.
There was discussion about additional non-town sources for revenue to cover expenses incurred in excess of $500,000. The Town will be obligated to cover the difference. First Selectman Klein noted the Town could go back and request more funds from the STEAP Grant. Attorney Wells recommended presenting the complete project plan to the voters.
Motion by Dudek, second by Klein, that the Open Space Grant Agreement 2002-17 be accepted, that the First Selectman be authorized to sign that Agreement pending review by the Planning & Zoning Commission and approval of the Board of Finance and Town Meeting. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
3. Sludge Lagoon Lease Agreement
Attorney Wells reviewed the Sludge Lagoon Lease Agreement. First Selectman Klein noted he needed approval of the Board for the testing of the lagoons. Attorney Wells noted an Agreement was reached with Rose Dudek concerning the Lease Agreement for the use of her property. The Agreement is for 2 years and can be extended. The rental charge paid to Ms. Dudek is $416.67 per month until termination of the Agreement. Mr. Wells noted he expects the State will require ground water testing for years and that is not included in the monthly payment. Once the closing mitigation work is completed as defined in the Closing Plan of Action, that is the Plan. As long as that Plan is being followed, Ms. Dudek will be paid $416.67 per month. When that Plan is done and the State signs off, there are no more payments. The Town has the right to continue to have monitoring wells there forever under this Agreement at no cost. The dewatering will take place on site at no extra charge. Attorney Wells noted this Agreement does not need Town Meeting, but only Board of Selectmen approval. This is not a formal lease, but a right to work on the property. Selectman Dudek asked if the payments were retroactive back to July 1, 2006. Attorney Wells noted the Agreement does not say that so the term of the Agreement begins when it is signed.
Attorney Wells noted the Board of Selectmen must approve this Agreement. The Septic Closure Plan requires the approval of the WPCA and the Board of Selectmen. He indicated he thought the State has already approved the Septic Closure Plan. Once that is approved, this will go to the Board of Finance and Town Meeting for funding. Attorney Wells reminded the Board the Agreement cannot be signed until the required approvals are gotten and the funds obtained.
First Selectman Klein reviewed the work he has asked Brian Curtis to do in the meantime.
Attorney Wells indicated that he just noticed this Agreement is retroactive to July 1, 2006 and renewable for 2 additional 1 year periods, so payments will be retroactive to 7/1/06.
First Selectman Klein noted he has two contracts for testing, one for $11,862 and one for $16,242. Attorney Wells noted this could be voted on at the next Board of Selectmen’s meeting or it could be forwarded on to the Board of Finance for their review subject to Board of Selectmen’s approval.
No action was taken at this time on this item.
4. Executive Session
Motion by Klein, second by Dudek, to go into Executive Session at 7:05 PM with Attorney Wells present. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Motion by Dudek, second by Klein, to come out of Executive Session at 7:37 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. No action was taken during Executive Session.
5. Adjournment
Motion by Klein, second by Dudek, to adjourn at 7:38 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
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