1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, January 9, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth. 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 – December 12 (regular meeting) and 19 (special meeting), 2006
After a brief review, it was noted both sets of minutes will be tabled and approved at the next meeting.
3. Visitors
R. Cabral – Board of Education Liaison
Mr. Cabral gave an update from the Board of Education. He indicated there would be a new mathematics program implemented for next year. He reviewed English Language Arts, Science and Mathematics programs. He stated there were a number of economic efficiencies that were realized and applied by the District. Mr. Cabral reviewed those items stating the total savings was around $180,000, but also noted this was not excess money but rather went to the increased cost of fuels. A volunteer incentive retirement program would take effect on 7/1/06 in an effort to decrease the impact of the new building coming on line for half of this year and a full year next year. Mr. Cabral indicated the school district would not be impacted by the electrical rate increase that became effective in Connecticut because an agreement had been signed 3 months ago as part of a consortium. He reviewed the 6 cents per gallon State tax on fuel noting they are working with State legislators to do something about this and will report back to the BOS the first meeting in February as to their strategic plan. They are working on identifying student interns for the Killingworth Town Office Building per First Selectman Klein’s request. Mr. Cabral noted there is a Building Committee meeting on January 11th at 7:00 PM, Lower Level High School Media Center, and reviewed the topics for discussion. Arrangements have been made by the Superintendent for computers to be installed at the Haddam Senior Center and Jensen’s so that high school students can teach seniors computer classes for community service. Mr. Cabral noted the BOE is going into budget preparation for the next year and distributed copies of the time line for such process. First Selectman Klein asked Mr. Cabral if the list of savings he had previously reviewed were sustainable. Mr. Cabral reviewed specific items in a little more detail. He also reviewed class sizes for the various grades. First Selectman Klein asked Mr. Cabral if he was comfortable with the projections for the system and the response was yes. Mr. Klein noted it was important that the BOS receive a BOE report on a monthly basis. Mr. Cabral replied that he would be happy to do so and would also start reporting on upcoming budget issues.
4. Tax Abatements and Refunds
First Selectman Klein reviewed the list of tax refunds. Motion by Selectman Dudek, second by Selectman Sipples, to approve tax refunds as reviewed (list attached). Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Appointments/Vacancies
1. Russell David White – IWWC
Motion by Selectman Dudek, second by Selectman Sipples, to appoint Russell David White to the IWWC. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
2. Planning & Zoning – James O’Brien moving
5. Housing Partnership
First Selectman Klein noted that Jim O’Brien is moving so there is a vacancy on Planning & Zoning and Housing Partnership.
3. Emergency Management – David Hale
Motion by Selectman Sipples, second by First Selectman Klein, to appoint David Hale to Emergency Management. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
Motion by Selectman Dudek, second by Selectman Sipples, to appoint Louis DesJardins to Emergency Management. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
4. Municipal Historian – W. David LeVasseur
Motion by Selectman Sipples, second by First Selectman Klein, to appoint W. David LaVasseur as Municipal Historian. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
6. Restaurant Sanitarian – Interim Appointment
Motion by Selectman Dudek, second by Selectman Sipples, to appoint Aimie Eberly as Restaurant Sanitarian (1 year for restaurant inspector). Discussion followed. First Selectman Klein noted Ms. Eberly will be appointed for one year until the present sanitarian receives his State certification. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
6. Old Business
1. Reservoir Road Bridge
First Selectman Klein noted the Reservoir Road Bridge has to be replaced. The question is what should the Town do in the interim. He noted the solution is probably to go with a Bailey Bridge in the interim which will be one lane but will be open to fire apparatus, etc. This will allow time to do the preliminary work for the federal program to get the proper permits. Permitting could take a year and then another year for construction after that. Selectman Dudek asked if the Town Engineer had already secured the dollars with the State. First Selectman Klein indicated he did not know, but would have an answer by the next meeting.
2. Discussion of Public Health District
Selectman Sipples noted he had attended three recent meetings pertaining to the Public Health District. He indicated there was another meeting scheduled for January 12th that he could not attend and asked whether one of the other selectmen could attend in his absence. Selectman Sipples noted the State is looking for two things from Killingworth – 1) letter of intent that the Town is interested in joining the Health District, and 2) preliminary agreement that doesn’t bind the Town to anything, but makes the Town eligible for $5000 as a bonus incentive to study the matter. It was noted that before any decision can be made on this the Board must have a description of what the Killingworth Health services and expenses are. Selectman Dudek noted he didn’t see anything in the presentation that was remotely attractive.
Lou Annino indicated the Board of Selectmen can make a recommendation on this matter, but a decision of this magnitude should be made by Town Meeting.
Pat Smulders noted that CRERPA thinks the Town could save in the end and it should be well educated in this matter.
Mike Wells noted the Agreement has already been signed by a number of towns. He also noted it is ultimately a Town Meeting decision after approved by the Board of Selectmen.
Mr. Sipples noted Wayne Addy asked if the Town had considered regionalizing with the Town of Haddam. He also noted First Selectman Tony Bondi (Haddam) was lukewarm to the idea but would be interested in talking about it. First Selectman Klein noted he would be happy to attend a meeting between Bondi, Sipples and Klein if one were arranged by Mr. Sipples.
7. New Business
1. CCM vs. COST – E. Sipples
Selectman Sipples noted he attended both the CCM and the COST conferences. He explained the difference between CCM and COST. CCM has a lot of resources and staff. COST is mainly a one person staff and formed for a different reason. The Town of Killingworth belongs to COST and not CCM. Selectman Sipples noted the Town of Killingworth now has a 6 month trial membership with CCM so it can see what kind of services they offer. Selectman Sipples noted there is a meeting of COST on February 14th and asked if First Selectman Klein could attend. Selectman Dudek noted it was his impression that CCM does more for the larger cities like New Haven, etc. Selectman Sipples noted most towns belong to both CCM and COST and that Killingworth is the only town that is not a member of CCM. The fee to join COST is about $800. The fee to join CCM is about $4000.
2. Anthem BC/BS – Selling of 777 Shares/Payout Contribution to Health Plan
4. AFSCME – “Anthem” Demutualization Remittance
First Selectman Klein noted he has settled with the Union regarding this matter. He indicated the stock should be sold and distributed to the six employees that have paid in since 2000 and the balance from the sale of stock should be put into the Pension Fund for the Town employees. If the Town doesn’t do this, there will be a lengthy process of litigation that could go on for years. Motion by Selectman Sipples, second by First Selectman Klein, to approve payment of $1000 to each of the following regarding the Anthem Demutualization – Walter Adametz Jr., Mark Albrecht, Gregory Alfierio, Irene DesJardins, Carol Gordon and Donna Shanoff. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
3. Wettish Property – Acquisition/Discussion and Vote/Req. from Board of Finance
Attorney Michael Wells gave a brief update regarding the purchase of the Wettish property. He indicated he had signed contracts from the Wettish family and a set of motions from Bond Counsel that the Board of Selectmen must approve in order to move forward with this purchase. Attorney Wells reviewed the set of motions authorizing the First Selectman to enter into a contract to purchase the Wettish property, that the BOS request an appropriation of $10,000 from the Board of Finance as a deposit and that the Town approve appropriation and bond authorization of $2,650,000 for the purchase of real property. The restrictive covenant was reviewed and it was noted that if the current property owner moves, that covenant disappears. It was noted the environmental study would be done before the Town Meeting, but the survey would not be done by the Town Meeting.
Motion by Selectman Dudek, second by Selectman Sipples, that RESOLVED, that the First Selectman is authorized to enter into a contract to purchase the Wettish property on Parker Hill Road Extension, said contract providing for a purchase price of $2,450,000 and conditioned upon approval of Board of Finance, Planning & Zoning Commission, Town Meeting/Referendum, receipt of a satisfactory A2 Survey including wetlands of the property and a satisfactory environmental Phase I Study Report, and a temporary conservation restriction on a portion of the property, all as set forth in the contract reviewed by the Board of Selectmen. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
Motion by Selectman Sipples, second by Selectman Dudek, that RESOLVED, that the Board of Selectmen request an appropriation from the Board of Finance in the amount of $10,000 to be used to fund a deposit to be paid in accordance with the contract to purchase the Wettish property on Parker Hill Road Extension. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
Motion by Selectman Dudek, second by Selectman Sipples, for Appropriation and Bond Authorization of $2,650,000 for the Purchase of Real Property –
At a meeting of the Board of Selectmen held on January 9, 2006 on a motion by Board Member Dudek and seconded by Board Member Sipples, the following resolutions were adopted:
RESOLVED, that
(i) the Town appropriate the sum of $2,650,000 for the cost of the purchase of all that certain piece or parcel of land, located on Parker Hill Road Extension in Killingworth, Connecticut, and being identified on the Killingworth Assessor Map 17 as Lot 14, and being more particularly described in Volume 102, page 229 of the Killingworth Land Records (the “Wettish Property”), as well as temporary and permanent financing costs and all other costs associated therewith (the “Project”), and to meet said appropriation and in lieu of a tax therefore, bonds of the Town be issued pursuant to Chapter 109 of the Connecticut General Statutes, the Town Charter or any other provision of law thereto enabling, in the maximum principal amount of $2,650,000 or so much thereof as may be necessary after deducting grants or others sources of funds available therefore; and
(ii) that the First Selectman and the Treasurer be authorized to issue and sell bonds or temporary notes of the Town not to exceed $2,650,000 in anticipation of the receipt of the proceeds from the sale of such bonds and to determine the amount, date, date of maturity, interest rate, form and other details of such bonds or notes, pursuant to Chapter 109 of the Connecticut General Statutes, and the Town Charter or any other provisions of law thereto enabling, provided that the proceeds from the sale of such bonds or notes shall be used for said purpose; and
(iii) that the First Selectman and the Treasurer of the Town shall sign the bonds or notes by their manual or facsimile signatures and that the law firm of Pullman & Comley, LLC is designated as bond counsel to approve the legality of the bonds or notes; and
(iv) that the First Selectman and the Treasurer, or either of them, be authorized to designate a bank or trust company to be the certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary to appropriate to issue the bonds or notes. If the bonds or notes authorized by this resolution are issued on a tax-exempt basis, the First Selectman and the Treasurer, or either of them, are authorized to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes, including covenants to pay rebates of investment earnings to the United States in future years; and
(v) that the First Selectman is hereby authorized to purchase the Wettish Property and to enter into all agreements and execute such documents and instruments which are necessary or appropriate to purchase such property.
BE IT FURTHER RESOLVED, that the Board of Selectmen hereby recommends to the Board of Finance that it approve the appropriation for $2,650,000 for the Project.
BE IT FURTHER RESOLVED, that, provided the Board of Finance approves the above-recommended appropriation, the Town convene a Special Town Meeting to be held on February 7, 2006 at 8:00 p.m. at Killingworth Elementary School, Route 81, Killingworth, Connecticut to consider but not vote upon the resolution authorizing the appropriation and financing for and the purchase of the Wettish Property referenced above.
BE IT FURTHER RESOLVED, that the Board of Selectmen, pursuant to Section 7-7 of the Connecticut General Statutes, as amended, hereby removes the item described above on the call of such town meeting for submission to the voters on February 15, 2006 for vote by voting machine by the voters entitled to vote at such town meeting during the hours from twelve o’clock p.m. and eight o’clock p.m. (unless determined otherwise by the electors at the town meeting to assemble as set forth herein) at the Killingworth Elementary School, Route 81, Killingworth, Connecticut under the following heading:
Shall the Town of Killingworth (the “Town”) appropriate $2,650,000 for the cost of the purchase of all that certain piece or parcel of land, located on Parker Hill Road Extension in Killingworth, Connecticut, being identified on the Killingworth Assessor Map 17 as Lot 14, and being more particularly described in Volume 102, page 229 of the Killingworth Land Records, as well as temporary and permanent financing costs and other costs associated therewith, authorize the issuance of bonds and notes in the amount of $2,650,000 to finance such appropriation and authorize the purchase of such property.
The moderator of such town meeting shall adjourn such meeting after reasonable discussion of such item and conclusion of such other business as may properly come before the town meeting and order such vote by voting machine in accordance with this resolution and Section 7-7 of the Connecticut General Statutes.
BE IT FURTHER RESOLVED, that the Town reasonably expects to incur expenditures (the “Expenditures”) in connection with the capital project for which a general functional description is provided in the resolution above. The Town reasonably expects to reimburse itself for the cost of the Expenditures and the proceeds of general obligation bonds and notes of the Town described above. The maximum principal amount of such debt (both bonds and notes) is not expected to exceed $2,650,000. This declaration of official intent is a declaration of official intent made pursuant to Treasury Regulation Section 1.150-2.
Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
5. Sludge Lagoons
First Selectman Klein noted he went to the last WPCA meeting and discussed the status of the sludge lagoons. He noted the capacity of the sludge lagoons is 350,000 gallons and it is currently up to 500,000 gallons. The Town of Essex also has the same problem. The Town of Killingworth needs to move on this before DEP takes action. First Selectman Klein noted he has contacted a few engineers to get bids to remediate the situation. It could be very costly. The Town should put bids out to pumpers and make sure that the ones the Town recommends are bonded and have excellent equipment. First Selectman Klein noted he would have more information at a later date regarding this matter.
6. Discussion of Establishment of Ethics Commission
There was a brief discussion regarding the establishment of an Ethics Commission. It was noted First Selectman Klein would pass the model copy that had been distributed along to Town Counsel for review and to see what the liability ramifications were of having or not having an Ethics Commission.
7. Discussion of Bosco Property Alternatives
Selectman Sipples reviewed the status of the Bosco Property and what alternatives the Town now have for its use. He explained the first option was to use the front portion of the property between the hand-drawn line and Route 81 for active recreation. The Town would then apply for grant money for the remaining portion of the property. The second option was to use all the Bosco property for recreation. Mr. Sipples noted it was his understanding the grant money has been reallocated to another piece of property. First Selectman Klein noted he would research the status of the grant money. Selectman Sipples noted Region 17 might now be interested in purchasing a portion of the Bosco property for the new Middle School. Selectman Dudek noted Mr. Cabral stated this topic was going to be discussed at an upcoming meeting. Selectman Sipples reviewed the status and/or disposition of the Bosco farmhouse. He noted the Historical Society is no longer looking at the Bosco farmhouse for its museum. Perhaps some acreage could be swapped with the State of Connecticut to gain access to the plateau area. In summary, the 3 options are 1) sell a portion of the property closest to the new Middle School to RSD 17, 2) sell the Bosco farmhouse along with some adjacent land, and 3) contact the State of Connecticut and inquire about swapping land to get access to the plateau area. Pat Smulders noted the Bosco property was originally purchased by the Town as Open Space/Passive Recreation and asked how the Town could sell it or change it now. Mr. Sipples noted the question to purchase it was not that specific. Selectman Dudek noted the original Resolution would have to be looked at to determine the purpose for the property. Selectman Dudek noted the farmhouse is just sitting there and will rot away unless something is done with it. First Selectman Klein noted would like to survey a piece of property around the house and separate deed it to sell it. The property in front could be sold to the school to expand. This of course must be done without landlocking the rest of the property.
Motion by Selectman Dudek, second by First Selectman Klein, to add Agenda Item #8 under New Business – Resolution for Opposition to Liquified Natural Gas Facility known as Broadwater Energy. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
8. Resolution for Opposition to Liquified Natural Gas Facility
First Selectman Klein read the Resolution into the record. Pat Smulders noted a lot of shoreline communities have adopted this Resolution opposing this facility. Several Congressmen and Attorney General Blumenthal have spoke against it also. Motion by Selectman Dudek, second by Selectman Sipples, to authorize the First Selectman to sign the Resolution for Opposition to the Liquified Natural Gas Facility. Discussion followed. It was noted this facility presents a hazard to the community and interferes with recreational possibilities of Long Island Sound. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
8. MK Announcements
First Selectman Klein noted he finds the amount of paperwork involved with this job very unsettling and asked everyone to please bear with him while he tries to cope with these matters.
9. Selectmen’s Concerns
Selectman Dudek noted he received a copy of a letter dated December 15th from the Library Association requesting approval of work from a leak and asked if this had been taken care of. First Selectman Klein replied yes.
Phil Stull noted he would like the BOS to consider a Traffic Study Committee. Selectman Dudek noted traffic should be reviewed any time there is a subdivision. Selectman Dudek distributed a draft copy of a Public Works Committee charge that might be considered in the future. There was a very brief discussion regarding whether the Town Engineer might at some time possibly take on a second hat as Town Foreman.
Selectman Sipples noted he had a concern that the Town Charter is not clear enough as to the roll of the Board of Selectmen. He referenced Section 6 (d) and (e) as well as Section 7-3. He felt the Charter was not clear enough because the First Selectman has been doing a lot of functions without consulting with the Board. Selectman Dudek noted he didn’t think the First Selectman had to come to the Board with every little thing to be discussed. Selectman Sipples noted he wasn’t concerned with every little thing, but was concerned about general policy. Selectman Dudek suggested Selectman Sipples go to the Charter Revision Committee if he has a problem with the Charter not being clear enough and let them know what his concerns are. Selectman Sipples reviewed a few topics that he felt should have been discussed with the full Board before decisions were made. There was continued discussion back and forth between the 3 selectmen about various topics and the meeting was brought to a close as the discussion ended.
11. Adjournment
There being no further discussion, the meeting ended at 9:35 PM.